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

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RECORDS 



GOVERNOR and COUNCIL 



STATE OF VERMONT. 



VOLUME VI. 



EDITED AND PUBLISHED BY AUTHORITY OE THE STATE 

By E. P. WALTON. 



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

1878. 



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V.6 



CONTENTS OF VOLUME VI. 



I. PORTRAIT of Gov. Martin Chittenden, from a por- 
trait furnished by Doct. A. C. Welch of Williston, frontis- 
piece. 

II. PORTRAIT of Gov. Skinner, from portrait in the Exec- 

utive Chamber, Montpelier, facing p. 286. 

III. SILHOUETTE of Gov. Israel Smith, furnished by Miss 

Joanna Prentice of Cleveland, Ohio, facing p. 545. 

IV. RECORD of the GOVERNOR AND COUNCIL, Thirty- 

Seventh Council, Oct. 1813 to Oct. 1814 1-61 

Thirty-Eighth Council, Oct. 1814 to Oct. 1815... 62-104 

Thirty-Ninth Council, Oct. 1815 to Oct. 1816 105-141 

Fortieth Council, Oct. 1816 to Oct. 1817 142-173 

Forty-First Council, Oct. 1817 to Oct. 1818 174-208 

Special Session, Nov. 7, 1817 209 

Forty-Second Council, Oct. 1818 to Oct. 1819 211-246 

Forty-Third Council, Oct. 1819 to Oct. 1820 247-285 

Forty-Fourth Council, Oct. 1820 to Oct. 1821 286-354 

Forty-Fifth Council, Oct. 1821 to Oct. 1822 355-418 

V. APPENDIX A. — Governor's Speeches to the Gen- 
eral Assembly, 1813 to 1821 419-447 

Of Gov. Martin Chittenden in 1813, 419; and in 1814, 
421. Of Gov. Galusha, in 1815, 425; in 1816, 429; in 
1817, 432; in 1818, 434; in 1819, 437; Valedictory address 
of, and address to, 439-441. Of Gov. Skinner in 1820, 
441; and in 1821, 444. 

VI. APPENDIX B.— Boundary Line between New York 

and Vermont, from the south-west corner of Vermont 

to Poultney river. 448-454 

VII. APPENDIX C— Proposed Amendments to the Fed- 

eral Constitution 455-465 

To reduce the term of U. S. Senators, 455. Amendments 
proposed by the Hartford Convention, 455-6. To elect 
Members of Congress and Presidential Electors by dis- 
tricts, 456-460— important modification by Vermont, 459. 
On compensation of Members of Congress, 460. On lim- 
itation of the power of Congress to incorporate banks, 461. 



M160118 



iv Contents. 

VIII. APPENDIX D.— Vermont opposed to the Hart- 
ford Convention 462-465 

Action of Vermont Legislature, 463; Resolutions of the 
Hartford Convention, 464; and Members of, 465. 

IX. APPENDIX E.— Vermont in the War of 1812 466-538 

Detached Militia, 466; Volunteer Force in Vermont, 468; 
Legislative action in 1812 and 1813, 470; Vermont regi- 
ments in the U. S. army, 1812-1815, 471— Rosters of offi- 
cers, [to be completed by the records in the "War Depart- 
ment,] 473-478. Campaigns of 1812 to 1814, 479-534: of 
1812, 479-80; of 1813, 481-496; Capture of sloops Growler 
and Eagle, 481; Vermont Militia called out, 482; Ninth 
Military District, 483; a British plundering expedition to 
Plattsburgh, Swanton, &c. 483; British demonstration 
against Burlington, 484; U. S. troops at Burlington and 
naval force on Lake Champlain, in 1813, 484-5; Col. Isaac 
Clark's invasions of Canada, 485-6 ; Campaign against 
Montreal, 1813, 486; British decline a battle on Lake 
Champlain, 490; British raid on Derby, 490; Gov. Martin 
Chittenden and Militia at variance, 491-494: Governor's 
Proclamation, 492, and reply to, 493; the Proclamation in 
Congress, 494. Campaign of 1814, 496-534 : Battle at 
La Colle Mill, 497; Militia called out, 502; British attack 
on Macdonough at Otter Creek, 502; Death of Lieut. Col. 
Benj. Forsyth, 503; Capture of Fort Erie, 504; Battle of 
Chippewa Plain, 505; Night battle at Lundy's Lane, 507; 
Night battle at Fort Erie, 511; Sortie from Fort Erie, 
515; Land and Naval Battles at Plattsburgh, 516-534; Offi- 
cial Documents on these battles, Vermont, 521-525; Cap- 
ture of the British fleet, Macdonough 's report, 525-529; 
Macomb's report on the battle of Plattsburgh, 529-534. 
Preparations for a campaign in 1815 : Proclamation by 
Gov. Martin Chittenden, 534; General Orders by Gen. 
Samuel Strong, 535, and thanks of to volunteers, 536; 
Honor by New York to Gen. Strong, 537. 

X. APPENDIX F.— Vermont on Slavery and the Mis- 
souri Question, 1819 and 1820 539-543 

XI. APPENDIX G.— Rights of the respective States 

TO THE PUBLIC LANDS OF THE UNITED STATES 544-5 

XII. ADDITIONS AND CORRECTIONS 545-6 

XIII. GENERAL INDEX 547 



THIRTY- SEVENTH COUNCIL, 

OCTOBER 1818 TO OCTOBER 1814. 



Martin Chittenden, Jericho, Governor. 
William Chamberlain, Peacham, Lieut. Governor. 



Councillors : 
Samuel Fletcher, Townshend, 
Solomon Miller, Williston, 
Beriah Loomis, Thetford, 
Elias Keyes, Stockbridge, 
Daniel Dana, Guildhall, 
Josiah Wright, Pownal, 



Frederick Bliss, Georgia, 
Horatio Seymour, Middlebury, 
William Hunter, Windsor, 
Wm. C. Harrington, Burlington, 
Gamaliel Painter, Middlebury, 
Mark Richards, Westminster. 



Rollin C. Mallary, Castleton, Secretary until Oct. 26, 1813. 
Samuel Swift, Middlebury, Secretary from Oct, 26, 1813. 
John Peck, Waterbury, Sheriff. 



BIOGRAPHICAL NOTICES. 

Martin Chittenden, the second son of Gov. Thomas Chittenden, 
was born in Salisbury, Conn., March 12 1769, and graduated at Dart- 
mouth College in 1789. He represented Jericho in the General Assem- 
bly 1790 and subsequently for eight years, and Williston two years; was 
Clerk of Chittenden County Court four years, and Judge ten; Judge of 
Probate two years; delegate in the Constitutional Conventions of 1791 
and 1793; Member of Congress from 1803 to 1813, ten years; and Gov- 
ernor in 1813 and '14. He died Sept. 5 1840, in his seventy-second year, 
having been for about thirty years employed in public service. — Drake's 
Dictionary of American Biography; Vt. Historical Magazine, Vol. I ; 
Deming's Catalogue; and Vt. Watchman & State Journal of Sept. 21 1840. 

Mark Richards, born in New Haven, Conn., in 1760, represented 
Westminster in the General Assembly nine years, beginning in 1801 
and receiving his last election in 1834; was one of the Council of Cen- 
sors in 1806, Sheriff of Windham County five years in succession .begin- 
ning in 1806. Elector of President and Vice President in 1812, Council- 
1 



2 Biographical Notices. 

lor in 1813 and 1815, Member of Congress 1817-1821, and Lieutenant 
Governor in 1830. He died at Westminster Aug. 10 1844, aged 84 years. 
— Lanman's Dictionary of Congress; Deming's Catalogue; and Vt. 
Watchman & State Journal of Aug. 23 1844. 

Gamaliel Painter, born in New Haven, Conn., May 22 1742, was 
one of the first three settlers of Middlebury in 1773. M lie was a plain 
man, slow of speech and of few words," u but he had sound judgment 
and common sense, on which his friends placed implicit and sale reli- 
ance. He had great wisdom -some would say cunning — in forming his 
plans and in adopting the means to execute them. Thus he became a 
leader in all important enterprises." To him, more than to any other 
one man, the town of Middlebury is indebted for its college, its first 
church, its village square, and the first mills; so he is recognized as 
" the father of the town." He had derived very little advantage from 
schools, but much from association with men of more learning and 
experience, so that he became an efficient public servant, and was hon- 
ored for his patriotism and practical business qualities. July 5 1776 he 
was appointed by Congress a first lieutenant in Warner's continental 
regiment; and as the officers of that regiment consisted of u such as 
have served with credit in Canada," it is apparent that Judge Painter 
had served in the campaign of 1775. Drake states that he served as 
quartermaster and captain in the revolutionary army. He was the first 
delegate of Middlebury, having been a member of the Conventions at 
Dorset in January and September 1776, and delegate for Cornwall at 
Windsor in June 1777. He was the first representative of Middlebury 
in the General Assembly, in 1786, and for fourteen years in all. On the 
organization of Addison County in 1785, he was appointed Assistant 
Judge of the County Court, but he resigned that office before the term 
expired, for the purpose of being Sheriff, as he was in 1786. In 1787 he 
again became judge and held the position until 1795, when he was 
again elected, but declined to accept the office. He was Councillor in 
1813 and 1814, coming in as a candidate of the Federal party, and going 
out with it in 1815. He died May 21 1819; and the Trustees of Middle- 
bury College, to whom his estate was bequeathed, erected a monument 
over his remains.— Swift's History of Middlebury, in which see a por- 
trait; Drake's Biographical Dictionary; and Deming's Catalogue. 

Samuel Swift, LL. D., seventh of the fourteen children of Rev. Job 
and Mary Ann Sedgwick Swift, was born at Nine Partners [now Arne- 
nia,] N. Y., Aug. 2 1782, and graduated at Dartmouth College in 1800. 
He was tutor in Middlebury College 1801 to 1803, and a member of Ad- 
dison County bar as early as 1808, and probably earlier. He opened a 
bookstore, and from Sept. 1812 to Sept. 1816 edited the Vermont Mirror, 
a weekly newspaper published at Middlebury, and also a Vermont Meg- 
ister and Almanac, 1803 until 1818. He was Secretary of the Governor 



Governor and Council — October 1813. 3 

and Council 1813 and '14, Judge of Probate 1819-41, Clerk of Addison 
County Courts 1814-46, Assistant Judge 1855-1857, and Elector of Pres- 
ident and Vice President in 1836. By request of the Historical Society 
of Middlebury, he wrote a history of Addison County, and also of the 
Town of Middlebury, which were printed in 1859. He died July 8 1875. 
— For portrait, see his History of Middlebury and Addison County. — Me- 
morials of a Century, Bennington ; Drake's Biographical Dictionary ; 
History of Middlebury ; Thompson's Vermont; and Deming\s Catalogue. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 
SESSION WITH THE GENERAL ASSEMBLY AT MONTPELIER, 

October, 1813. 



State of Vermont ss. A Journal of the Proceedings of the Gov- 
ernor and Council of the State of Vermont, begun <fe holden at Mont- 
pelier on the second Thursday (being the 14th day) of October in the 
year of our Lord, one thousand, eight hundred & thirteen, and of the 
Independence of the United Stales, the thirty eighth. Present His Ex- 
cellency Jonas Galusha Esquire, Governor. His Honour Paul Brigham 
Esquire Lt. Governor. Honourable Josiah Wright, Horatio Seymour, 
Pliny Smith, Samuel C. Crafts, Frederick Bliss, Beriah Loomis, Elias 
Keyes, William Hunter, Esquires, Councillors. John Peck Esquire, 
Sheriff of Jefferson County. R. C. Mallary Esquire, Secretary. 

Mr. [Rev. Asa] Lyon appeared in Council aud informed the Governor 
& Council that the General Assembly had met & were ready to proceed 
to business. Ordered, that the Secretary inform the General Assembly 
that the Council had met, formed a quorum, & are ready to receive any 
communications, which the General Assembly may please to make. 

Resolved, To appoint a committee to join a Committee of the House 
for the purpose of receiving, sorting & counting the votes for Governor, 
Lieutenant Governor, Treasurer & Councillors. — Messrs. Wright, Sey- 
mour, Smith, Crafts, Bliss, Loomis, Keyes & Hunter were accordingly 
appointed. 

Adjourned to 5 o'clock P. M. 1 

5 O'clock P. M. — The Council met pursuant to adjournment. 

Mr. Griswold of the House appeared in the Council Chamber & in- 
formed the Governor & Council, that the House of Representatives had 
met & were ready to meet the Governor & Council in joint committee 
to hear the report of the canvassing committee. 

On motion, Resolved, The General Assembly concurring herein, that 
the time for both Houses to meet in joint committee to receive the re- 
port of the canvassing [committee] be postponed to 10 o'clock, A. M. 

1 The election sermon was by Rev. Daniel Marsh. 



4 Governor and Council — October 1813. 

tomorrow : — Which being sent to the House of Representatives, Mr. 
Hatch appeared in the Council Chamber, and informed the Governor & 
Council, that the House of Representatives had concurred in the above 
resolution. 
Adjourned to 9 O'clock A. M. Tomorrow. 



Friday October 15th, 1813. 9 o'clock A. M. 

Council met pursuant to adjournment. 

The Governor & Council proceeded to the Representatives' Room, to 
meet the General Assembly in joint committee pursuant to the resolu- 
tion of yesterday, that both Houses meet in joint committee to hear the 
report of the joint canvassing Committee ; which was read as follows : — 

To the Hon. General Assembly of the State of Vermont now sitting — 
The Committee appointed to sort & count the votes of the freemen of 
this State fur Governor, Lieutenant Governor, Treasurer & Councillors, 
beg leave to report — that the freemen of this State have made no choice 
of a Governor for the year ensuing — that they have made no choice of a 
Lieutenant Governor for the year ensuing— that Benjamin Swan is 
chosen Treasurer of this State by the freemen for the year ensuing, & 
he is hereby declared duly elected to that office : That by the votes of 
the freemen, the lollowing persons are chosen Councillors for the year 
ensuing, to wit, Josiah Wright, Mark Richards, Elias Keyes, William 
Hunter, Horatio Seymour, Beriah Loomis, William C. Harrington, 
Frederick Bliss, Solomon Miller, Samuel Fletcher, Gamaliel Painter & 
Daniel Dana Esquires, and they are hereby accoidingly declared to be 
duly elected. All which is submitted. Elias Keyes, Chairman. 

Which being finished the Governor & Council returned to their 
chamber. 

Adjourned to 2 O'clock P. M.* 

1 The editor of this volume is indebted to Ciiaujs'CEY K. Williams 
Esq. of Rutland for the statement of the votes of the freemen for Gov- 
ernor as canvassed in 1813, to wit : for Jonas Galusha 16,828, Martin 
Chittenden 10,532, scattering C05. No person having received a major- 
ity of all the votes cast, there was no election by the people. For Coun- 
cillors a plurality sufficed for an election, and but for the rejection of the 
votes of Colchester by the canvassing committee, the entire Jeftersonian 
Republican ticket but one, [Joseph Woodworth of Montpelier,] would 
have been declared elected ; whereas the four gentlemen, last named 
in the above list reported by the committee, were on the Fedeial ticket. 
Samuel C. Crafts, Pliny Smith, and William Cahoon, of the Republican 
ticket, claimed that the votes of Colchester should have been counted, 
and that in that event they were entitled to seats in lieu of Samuel 
Fletcher, Gamaliel Painter, and Daniel Dana. The General Assembly 
did not concur in these claims, though a Committee of the Council, after 
deliberate examination, declared that the votes of Colchester should 
have been received and counted. The Assembly refused a reading to 
the report of this committee. For the petition of Messrs. Crafts, Smith, 
and Cahoon, see printed Assembly Journal of 1813, p. 30 ; for report of 
a committee of the Assembly on the same subject, see same, p. 144 ; and 
for report of the committee of the Council, see post, in the record of 
Nov. 11 1813. 



Governor and Council — October 1813. 5 

2 Oclock P. M.— Council met pursuant to adjournment; and Ad- 
journed to 9 O'clock A. M. Tomorrow. 



Saturday, October 16th, 1813, 9 O'clock A. M. 

Council met pursuant to adjournment. 

The Hon. Josiah Wright, Frederick Bliss, Elias Keyes, William Hun- 
ter, Horatio Seymour, Beriah Loomis, William C. Harrington, Solomon 
Miller, & Mark Richards went down to the House, when they were duly 
sworn to the faithful discharge of their duty, as Councillors for the year 
ensuing, by His Honour David Fay Esquire, Assistant Judge of the 
Supreme Court: — When they met in Council Chamber and proceeded to 
business. 

Mr. Langdon of the House appeared in Council Chamber & informed 
the Governor & Council that the House of Representatives had chosen 
the usual officers of the House & were ready to receive any communica- 
tion to be made by the Governor & Council. Ordered, That the Secre- 
tary inform the House that the Governor & Council have formed a quo- 
rum, and are ready to receive any communications the House may thiuk 
proper to make. 

Resolved, The General Assembly concurring herein, that both Houses 
meet in joint Committee at 2 O'clock P. M. this day in the Representa- 
tives' room for the purpose of electing a Governor & Lieutenant Gover- 
nor for the year ensuing. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M.— Council met pursuant to adjournment; and Ad- 
journed to 10 O'clock A. M. Monday. 



Monday October 18, 1813, 10 O'clock A. M. 

Council met pursuant to adjournment. 

Received from the House of Representatives a resolution appointing 
a committee of four members of the House to join a committee of the 
Council, to be called The Committee of Suspensions ; — the members of the 
House chosen being Messrs. H. Allen of Colchester, Dunton, [S.] Dem- 
ing & Burton [Baxter]; which being read, Resolved, To concur with the 
House in their said resolution, and Mr. Keyes was appointed to join said 
Committee from the Council. 

Received from the House a resolution appointing a committee of four 
members of the House to join such committee as the Council may ap- 
point to be called The Turnpike Committee; — Members chosen on the 
part of the House, Messrs. llaight, Turner, Ol. Mason & Clapp; which 
being read, Resolved, To concur with the House of Representatives in 
their said resolution, and Mr. Hunter was appointed on [the] part of the 
Council. 

Received from the House a resolution appointing a committee of four 
members to join such committee as the Council may appoint, to be de- 
nominated the Committee of claims ; — Members chosen on the part of the 
House being Messrs. Allen of Milton, Hoyt, M. Robinson & Hotchkiss: 
— Which being read, Resolved, To concur with the House, & Mr. Sey- 
mour was appointed on the part of the Council. 

Also, received from the House a resolution appointing three Commit- 
tees of two members of the House in each to join such committees as 
the Council may appoint, to be denominated the first, second & third 
Land Tax Committees, which being read, Resolved, To concur with the 



6 Governor and Council — October 1813. 

House in their said resolution, & Mr. Loomis was appointed on the part 
of the Council to join on the first, Mr. Miller the second, and Mr. Bliss 
the third. 

Also, received from the House a resolution appointing a committee of 
four members to join such as may be appointed on the part of the 
Council, to be called The Committee of New trials;— Members appointed 
on the part of the House, Messrs, [Niles,] Foot, Baxter, & Olin; which 
being read, Resolved, To concur with the House, & Mr. Harrington was 
appointed on the part of the Council. 

Also, received from the House a resolution appointing a Committee of 
four members of the House to join such as may be appointed by the 
Governor & Council, to be denominated The Military Committee: — 
Members appointed on the part of the House, Messrs. Hendee, Thomas 
Howe, Bullock & Smalley: — which being read, Resolved, To concur with 
the House; & Mr. Wright was appointed from the Council. 

Also, received from the House a resolution appointing a committee of 
four members to join such as the Council may appoint, to be denomin- 
ated The Committee of Manufactures ; Members appointed on the part of 
the House, Messrs. Chittenden, Corbin, E. Allis, & Fox: — Which being 
read, Resolved, To concur with the House in their said resolution, and 
Mr. Richards was appointed on the part of the Council. 

Eeceived from the House of Representatives the following petitions, 
viz. of Henry Gould — of Livy Lawton — of Jabez G. Fitch, each praying 
for an act of suspension, with an order of the House to reler the same to 
the joint Committee of suspensions ; which being severally read, Re- 
solved, To concur with the House in the said reference. 

Received from the House the petition ot Timothy Turner, with an 
order of the House referring the same to a committee of three members, 
to join such as the Council may appoint ; — which was read, and it was 
Resolved, To concur in the said reference, & Mr. Miller was appointed 
on the part of the Council. 

Received from the House of representatives the petitions of Mary 
Beach— of Roger Haskell & Meribah Haskell -and of Jesse Hanford, 
with an order of the House referring them severally to the joint Com- 
mittee on the Petition of Timothy Turner ; — Which being read, Re- 
solved, T:> concur with the House in the said reference. 

Received from the House the Petitions of Joseph Capron & others — 
and of Solomon SafFord and others, with an order of the House on each 
to refer them to the joint committee of Manufactures : Which being 
read, Resolved, To concur in the said reference. 

Received from the House the Petitions of the Passumpsick Turnpike 
Company — and of the Windham Turnpike Company, with an order of 
the House on each, referring them to the joint Turnpike Committee : 
Which were read & Resolved, To concur with the House in the said 
reference. 

Received from the House the Petition of David Herriman, with an 
order to reler the same to a committee of three members of the House 
to join such as may be appointed by the Council ; Which was read, and 
Resolved, To concur in the said reference, and Mr. Hunter was appointed 
on the part of Council. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

The remonstrance & petition of Samuel C. Crafts, Pliny Smith & 
William Cahoon against Samuel Fletcher, Gamaliel Painter & Dan- 
iel Dana was read :— Whereupon, on motion, Resolved, the General 
Assembly concurring herein, that both Houses meet in the representa- 



Governor and Council — October 1813. 7 

tives' room on Thursday the 21st day of October instant, at 10 o'clock 
forenoon, in joint Committee, for the purpose of taking into considera- 
tion the petition & remonstrance of Samuel C. Cratts, Pliny Smith, & 
William Cahoon, against Samuel Fletcher, Gamaliel Painter & Daniel 
Dana, filed in Council Oct. 18, 1813, & accompanying the resolution. 1 

Rec d - from the House the petitions of Asa Latham— of Noah Cushing 
—of John Emery— of Calvin [Carver 8 ] Bates— of John Merriam— of El> 
enezer [Eben 2 ] Couant— of Brown Jenks, with an order on each to 
refer the same to the Committee of Suspensions ; — Which were read & 
it was Resolved, To concur in the said reference. 

Received from the House of Representatives the petition of Amos W. 
Barnum, with an order referring the same to the joint Turnpike Com- 
mittee : Which was read & it was Resolved, To concur in the said 
reference. 

Rec d - from the House of Representatives the petitions of John B. 
Joyal — and of Hugh Laughlin, with an order of the House on each re- 
ferring the same to the Joint Committee of Claims : Which were read & 
it was Resolved, To concur in the said reference. 

The petition of the Town of Concord for a Land Tax, with an order 
of the House of Representatives referring the same to the joint third 
Land Tax Committee, was ree d - & read : — Whereupon it was Resolved, 
To concur in the said reference. 

Rec d - the Petitions of Ira Fox— of Stephen Smith [jr.] & others — of 
Theodore Sheldon, with an order of the House of Representatives on 
each referring the same to the joint Committee on the Petition of Tim- 
othy Turner : Which was read & it was Resolved, To concur in the said 
reference. 

Rec d - from the House of representatives the petition of* David R. Camp- 
bell & others, with an order to refer the same to the joint Military Com- 
mittee : Which being read — Resolved, To concur in the said reference. 

Adjourned to 9 O'clock A. M. Tomorrow. 



Tuesday October 19, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

The Hon. Gamaliel Painter & Daniel Dana Esquires appeared in 
Council : the oaths of office were duly administered to them by His Ex- 
cellency Jonas Galusha, and they took their seats as Councillors. 

Rec d - from the House a resolution appointing a Committee of four 
members to join such as the Council may appoint to take into considera- 
tion all petitions for bank favors : Which was read & it was Resolved, 
To concur with the House in their said resolution aud Mr. Dana was 
appointed on the part of the Council. 

On motion, Resolved, that the votes referring the petitions of Ebene- 
zer Conant & John Merriam to the joint Committee* of Suspensions be 
rescinded, & that the same be referred to the joint Committee raised by 
the foregoing resolution. 

Rec d - from the House an account of Solomon Walbridge, with an 
order to call it up & refer the same to the joint Committee of Claims; 
Which was read & it was Resolved, To concur in the reference. 

x The Assembly refused to concur in this resolution : yeas 103 [Jef- 
fersonian Republicans,] nays 108 [Federalists.] See printed Assembly 
Journal of 1813, pp. 30-32 ; also note ante, p. 4. 

3 In the printed Assembly Journal. 



8 Governor and Council — October 1813. 

Rec d - from the House the Petition from the Town of Jay for a land 
tax, with an order to refer the same to the third Land Tax Committee: 
Which was read & Resolved, To concur in the said reference. 

The bill entitled "An act to alter the grand list of the town of Ben- 
nington for the year 1809," with an order of the House to refer the same 
to the joint Committee of claims, was rec d - & read : Whereupon Re- 
solved," To concur with the House of Representatives in the said refer- 
ence. 

Petition of Annis Hinman & William Williams, with an order of the 
House to refer the same to the joint Committee on the Petition of Tim- 
othy Turner, was received from the House, read & it was Resolved, To 
concur in the said reference. 

Petition of the Inhabitants of Middlesex, with an order of the Gen. 
Assembly to refer the same to the joint turnpike Committee, was rec d - 
& read, & it was Resolved, To concur in the said reference. 

Petition of Passumsic Turnpike Company, with an order to refer the 
same to the joint Turnpike Committee, was rec d - & read & it was Re- 
solved, To concur in the said reference. 

Rec d - from the House of representatives the Petitions of Wolcott H. 
Keeler & James O. Walker with an order on each to refer the same to 
the joint bank Committee: Which were read & it was Resolved, To con- 
cur in the said reference. 

Petition of Silas Hathaway, with an order of the House to refer the 
same to the joint Committee of suspensions, was read & it was Re- 
solved, To concur with the House in the said reference. 

Rec d - from the House the Surveyor's [surveyor of public buildings] 
account and statement with an order of the House to refer the same to 
the joint Committee of Claims: Which was read & it was Resolved, To 
concur in the reference. 

Petition of Jonathan Cutler with an order of the House to refer the 
same to the joint Committee of claims, was rec d - & read & it was Re- 
solved, To concur in the said reference. 

Petition of Land owners of New Huntington for a land tax, with an 
order of the House to refer the same to the first Land Tax Committee, 
was received & read: — Whereupon it was Resolved, To concur in the 
said reference. 

Petitions of Duucansboro [ Newport ]— Salem— Random [Brighton] 
and Westmort-, with an order on each to refer the same to the second 
joint Land tax Committee, were rec d - & read: Whereupon it was Re- 
solved, To concur in the said reference. 

Petition of William Fay, with an order of the House to refer the same 
[to] the joint Committee of Claims, was rec d ; & read: Whereupon it was 
Resolved, To concur in the said reference. / 

Adjourned to 2 O'clock. 

2 O'clock P. M.— Council met pursuant to adjournment, and Ad- 
journed to 9 o'clock A. M. tomorrow. 



Wedndsday October 20th, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Mr. [Asa] Lyon appeared in Council Chamber and returned the res- 
olution appointing a [time] for both Houses to meet in joint Committee 
to take into consideration the petition and remonstrance of Pliny Smith, 
Samuel C. Crafts & William Cahoon, against Samuel Fletcher, Daniel 
Dana and Gamaliel Painter, and informed the Governor & Couucil that 



Governor and Council — October 1813. 9 

the General Assembly had not concurred in passing the same, antf as- 
signed the reasons of said nonconcurrence, and then withdrew. 1 

1 The reasons of a majority of the Assembly for nonconcurrence were 
not entered in the journal of either house, nor has any unofficial state- 
ment of them been found beyond a hint in the Vermont Bepublican [anti 
Federal] of Jan. 17, 1814, as follows : 

Some, in this day of new things, had the hardihood to contend that 
the Canvassing Committee were omnipotent, and that their decision was 
unalterable. 

The evident purpose of the petition and remonstrance was, to contest 
the seats of three persons who had been declared duly elected Council- 
lors in the mode prescribed by the constitution. An examination of 
that instrument will show three things : 1, that the House of Represent- 
atives had power to "judge of the elections and qualifications of their 
own members," but had no such power over members of the Council ; 
2, that the Council had no power granted to it to judge of the election of 
its own members ; and 3, that, by the constitution, it was made the duty 
of the canvassing committee to receive, sort, and count the votes, and 
declare the persons elected. The canvassing committee was not ap- 
pointed by the joint assembly, nor was any power given to that body, 
by either the constitution or any statute, to revise the work of the com- 
mittee. In this case, the two Houses differed politically, and it is ob- 
vious that the Federal House held that the election in Colchester, on 
which the result turned, had been utterly vitiated by the intrusion and 
votes of United States troops, under command of Maj. John McNeil of 
New Hampshire ; while the JefFersonian Republican majority of the 
Council, on testimony taken after the canvassing committee had declared 
the election of the three Federal Councillors whose right was questioned, 
held that the votes of Colchester ought to have been received and count- 
ed, and the seats given to the contestants. 

The Council first proposed, Oct. 18, a joint assembly "for the purpose 
of taking into consideration the petition and remonstrance" &c, to 
which the House disagreed. The inference is that the Council then 
anticipated a re-opening of the case, at least for discussion, in joint 
assembly; but on the 12th of Nov. the Council asked for a joint com- 
mittee "to devise suitable rules, by which future canvassing committees 
shall be governed, in receiving, sorting and counting votes," &c. This 
implies an abandonment of the idea, if such had been entertained, that 
the joint assembly could overrule or instruct the canvassing committee; 
and the adoption, by statute, of rules by which that committee could 
correct its own errors, or investigate so fully as to preclude error. This 
question was elaborately and ably discussed in the joint assembly in 
1853— a body consisting of members of three political parties, and in 
which neither party had a majority— and it was decided by the adoption, 
yeas 128 to nays 63, of the following resolution : 



10 Governor and Council — October 1813. 

Hon. Samuel Fletcher appeared in Council, the oaths of office were 
duly administered to him by His Excellency the Governor, and he took 
his seat as a Councillor. 

Rec d from the House. of Eepresenlatives the petition of J. & W. Mott, 
for a right of ferry, with an order to refer the same to a committee of 

Resolved, That the Joint Assembly have not the constitutional power 
to reverse the decisions of the Canvassing Committee in regard to elec- 
tion of County and Probate District Officers. — See printed Assembly 
Journal of 1853, pp. 464-468. 

This resolution accorded with the opinion of the canvassing com- 
mittee, as declared by the chairman to the joint assembly, who however 
did not report that the committee also claimed it to be "the right and 
duty of the committee to revise its own work at any time while in its 
power, and to correct every mistake, error, or fraud."-^See statement of 
one of the committee in the Vermont Watchman & State Journal of Dec. 
1 1853. 

The two acts of Nov. 4, 1812, passed by a JefFersonian Republican leg- 
islature, provided that any freeman of the State, in the service of the 
United States as officer or soldier, might vote " for state officers in any 
town in this state, wherever he may happen to be; " and for Members of 
Congress " on his first proving to the satisfaction of a majority of the 
selectmen and justices of the peace" "that he is a freeman of this State, 
or that by his residence and good moral conduct he is entitled to take the 
freeman's oath. — Provided, That all such officers and soldiers attending 
any freeman's meeting as aforesaid, shall attend without their arms." — 
Printed Laws of Vermont of 1812, pp. 131, 139. Under the stress of the 
embargo and the war, the Federal party in Vermont was rapidly growing, 
and the purpose of these acts was to save the votes of the Vermonters 
in the army, the most of whom were presumed to be of the war party, as 
the following letter, copied from Spooner's Vermont Journal of Aug. 22 
1814, shows: 

77. S. Senatdr Jona. Robinson to Maj. Gen. Wade Hampton. 

Bennington, Aug. 23, 1813. 
Dear Sir, — Although unacquainted with you personally, yet possess- 
ing a knowledge of your public character, I take the liberty to address 
you on a very important subject, deeply interesting to the people of this 
State. We consider it rather improbable that the soldiers under your 
command will march out of this State until after the 7th of Sept. next 
[the day of the election] — and the Legislature having provided by law 
that all soldiers who are Freemen in the State should have a right to 
vote in any town in the State where they should be stationed— our 
friends here, who are leading characters, believe that the exercise of their 
franchise as freemen will decide the Election for Governor and one 
branch of the Legislature [the Council]. Those who have enlisted be- 
ing principally Republican, we have it to solicit, sir, from your clemency, 
that every facility may be given for the soldiers on that day to leave the 
camp by companies, and repair to the neighboring towns to give in their 
votes. Through this medium is our only hope of preventing the State 
of Vermont from becoming one of the Eastern Confederacy against our 



Governor and Council — October 1813. 11 

two members of the House to join such as the Council may appoint : 
Which being read, Resolved, To concur with the House in their said 
resolution, and Mr. Painter was appointed. 

Petition of T. & P. Hawley was rec d - from the House with an order to 
refer the same to the joint Committee on the petition of J. & W. Mott ■ 
which was read & Resolved, To concur in said reference. 

Petition of the Selectmen of Swanton was received from the House 
with an order to refer the same to the joint Committee on the petition 
of J. & W. Mott : Which being read, Resolved, To concur in the said 
reference. 

Petition of Martin Roberts was rec d - from the House with an order to 
refer the same to the joint Bank Committee: Which was read & Re- 
solved, To concur in the said reference. 

Petition of Moses Ellsworth was rec d - from the House with an order 
to refer the same to a Committee of two to join from Council: Which 
being read, Resolved, To concur, and Mr. Fletcher was appointed. 

Petition of William Carlton & others was rec d - from the House with 
an order to refer the same to a Committee of two members to join from 
Council: Which was read, and Resolved, To concur with the House in 
said reference, and Mr. Dana was appointed on the part of Council. 

Rec d - from the House of representatives a bill entitled "An act annex- 
ing the town of Mt. Tabor to the County of Bennington," with an order 
of the House to refer the same to a committee of two to join from Coun- 
cil: Which was read, & Resolved, to concur with the House in said ref- 
erence, and Mr. Richards was appointed on the part of Council. 

government. Col. [Elias] Fassett [of the 30th U. S. regiment] and Col. 
[Isaac] Clark [of the 11th] will, probably, confer with you on the sub- 
ject. 1 am, sir, with high esteem, your friend, Jona. Hobinson. 
Gen, Wade Hampton. 

Had the soldiers who voted at Colchester been under the command of 
a Vermonter and the election there so conducted as to avoid criticism, 
it is highly probable that three more Republican Councillors would have 
been declared elected and the re-election of Gov. Galusha and Lt. Gov. 
Brigham secured in the joint Assembly. The Federalists of 1813 had 
been warned by the success of their opponents in securing the election 
of their ticket for six Congressmen in Dec. 1812, which should here be 
noted. The Washingtonian of Dec. 28, 1812, contained the following: 

The following Order was issued at Burlington, Dec. 7th, by the Colo- 
nel of the 11th Regt. We presume it to be the first, of a similar im- 
port, ever issued in any country, by the Colonel of a regiment in public 
service: 

" All the officers of said regiment that are freemen of Vermont, and 
all others that have a right to take the oath, are requested to attend the 
Freeman's Meeting at the Court-house, at 12 o'clock, this day, in order 
to choose Representatives to Congress. — By order of the Colonel. 

[Signed] N. S. Clauke, Adj." 

The militia at Plattsburgh had been discharged a few days previous to 
the election and returned with Clark's regiment. As the Republican 
ticket received a majority but little exceeding two hundred, it is un- 
doubtedly true that its success was due to the return of these troops to 
Vermont. 



12 Governor and Council — October 1813. 

Rec d - from the House a bill entitled "An act appropriating the County 
Grammar School lands in the County of Franklin," with an order of the 
House to refer the same to a Committee of two to join from Council; 
Which being read, Resolved, to concur in the said reference, and Mr. 
Harrington was appointed on the part of Council. 

Ree d - from the House a bill entitled "An act establishing a County 
Grammar School in Chelsea, in the County of Orange," with an order 
of the House to refer the same to the joint Committee on the bill Appro- 
priating the County Grammar School lands in the County of Franklin: 
Which being read, Resolved, To concur in the said reference. 

Petition of Matthew Smith with an order of the House to refer the 
same to a committee of three members of that body to join from Coun- 
cil, was rec d - and read, and Resolved, To concur in said reference, and 
Mr. Miller was appointed on the part of the Council. 

Petition of Fire Engine Company of Brattleborough, with an order 
of the House to refer the same to a committee of three members to join 
from Council, was rec d - and read: Whereupon Resolved, To concur in 
the said reference, and Mr. Bliss was appointed on the part of the 
Council. 

Petition of sundry inhabitants of Mt. Tabor was rec d - with an order 
to refer the same to the joint Committee on the bill annexing Mt. Tabor 
to the County of Bennington: Which was read & Resolved, To concur 
in said reference. 

Petition of Miles II. Johnson was rec d - from the House of represent- 
atives, with an order of the House to refer the same to the joint Com- 
mittee of Suspensions: — Which was read, & Resolved, To concur in the 
said reference. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Mr. Edmond of the House of Representatives appeared in Council 
and returned the resolution of the Governor & Council, appointing 
a time for both Houses to meet in joint Committee to elect a Gover- 
nor & Lieutenant Governor of this State for the year ensuing, of the 
date of October 16, 1813; which had been [non]concurred in by the 
House. When Mr. Edmond had assigned the reasons of the House for 
their nonconcurrence, he withdrew. l 

Governor & Council adjourned to 9 O'clock A. M. Tomorrow. 

1 Oct. 16, in joint committee of the two houses, Henry Olin proposed a 
joint resolution to proceed at once to an election of governor and lieu- 
tenant governor; which was ruled out of order, when Nathaniel Niles 
appealed, and the ruling was affirmed by the House, 108 to 102. On the 
same day the Governor and Council sent to the House a joint resolution 
for a joint committee for the same purpose, which the House noncon- 
cured in, 108 to 100. The real, though not the assigned reason of the 
nonconcurrence of the House doubtless was that three of the Federal 
Councillors elect had not then taken their seats. These were all pres- 
ent Oct. 20, and on that day the House communicated its nonconcur- 
rence to the Governor and Council, and adopted a resolution for an elec- 
tion on the 21st. It is hardly necessary to suggest, in case of an elec- 
tion in the absence of three Federal Councillors, that the JefFersonian 
Republican candidates would have been elected. 



Governor and Council — October 1813. 13 

Thursday October 21, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of representatives a resolution appointing a 
committee of four members of that body to join such Committee as the 
Council may appoint to inquire into the expediency of altering & 
amending an act passed Nov. 9, 1812, entitled " An act directing the 
mode of'detaching the militia," &c, which being read, Resolved, To 
concur in said resolution, and Mr. Wright was accordingly appointed on 
the part of the Council. 

Petition of Joshua Dupy was rec d - from the House with an order to 
refer the same to a committee of three members of that body to join 
from Council: Which being read, Resolved, To concur in the said refer- 
ence, & Mr. Seymour was appointed on the part of the Council. 

Petition to alter the County road from Danville to Montpelier, was 
rec d - with an order of the House of representatives to refer the same to 
a committee of two members of the House to join from Council, which 
was read & Resolved, To concur in said reference, & Mr. Dana was ap- 
pointed. 

Petition of Brookline was rec d - from the House with an order to refer 
the same to a committee of two members of the House to join from Coun- 
cil:— Which was read, and Resolved, To concur in said reference, and 
Mr. Keyes was appointed. 

Petition of Parkerstown [Mendon] was rec d - with an order of the 
House of Representatives to refer the same to a committee two mem- 
bers of the House to join from Council: Which was read & Resolved, 
To concur in said reference, and Mr. Fletcher was appointed. 

Petition of Seth Burrows was received from the House of Represent- 
atives, with an order of the House to r«*fer the same to the joint Com- 
mittee on the petition from Parkerstown : which being read', Resolved, 
To concur in the said reference. 

Rec d - from the House of representatives a resolution appointing a 
committee of four members of the House to join from Council, to take 
into consideration the 10th section of an Actdetaching the militia &c: 
Which being read, Resolved, To concur in passing said resolution, and 
Mr. Wiight was accordingly appointed on the part of the Governor & 
Council. 

Rec d - from the House a resolution appointing a Committee of four 
members of the House to join such Committee as the Council may ap- 
point to examine the several acts relating to Sheriffs, High Bailiffs, their 
bondsmen and sureties : Which was read & Resolved, To concur in 
passing the s d - resolution, and accordingly Mr. Harrington was appointed. 

Rec d - from the House a bill entitled "An act to prevent the continu- 
ance of certain nuisances," with an order of the House to refer the same 
to committee of two to join from Council : which being read, Resolved, 
To concur in the said reference ; and Mr. Painter was appointed on the 
part of Council. 

Petition of the Inhabitants of Woodbury & Calais was rec d - from the 
House of representatives, with an order of the House to refer the same 
to a committee of four members to join from Council : which being read, 
Resolved, To concur in the said reference, & Mr. Bliss was appointed. 

Rec d - from the House of representatives a resolution appointing 2 
o'clock P. M. this day a time for both Houses to meet in joint committee 
for the purpose of electing Governor & Lieutenant Governor of this 
State for the year ensuing : which being read, Resolved, To concur with 
the House in passing said resolution. 

Petition of Salmon Dutton Jun. & others was rec d - with an order of 
the House to refer the same to a committee of three members of that 



14 Governor and Council — October 1813. 

body to join from Council : which was read & Resolved, To concur in 
said reference & Mr. Keyes was appointed. 

Petition of Sherburne with an order to refer the same to the joint 
Turnpike Committee, was received and read : Whereupon, it was Re- 
solved, To concur in said reference. 

Petition of Willard Jewett & others was rec d - from the House with an 
order of that body to refer the same to the joint committee on the peti- 
tion of W. & J. Mott ; which was read & Resolved, To concur in said 
reference. 

Petition of Caty Mills was rec d - from the House with an order to refer 
the same to the joint Committee on the petition of Timothy Turner; 
which being read, Resolved, to concur in said reference. 

Petition of the Selectmen of Coventry was rec d - with an order of the 
House to refer the same to the third joint Land-tax Committee; which 
being read it was Resolved, to concur in said reference. 

Petition of the Inhabitants of Peacham was rec d - with an order of the 
House to refer the same to the 2 d - joint Land-tax Committee, which was 
read & Resolved, To concur in the said reference. 

Petition of Shrewsbury Artillery Company was rec d - with an order ol 
the House to refer the same to the joint Military Committee: Which 
was read; Whereupon Resolved, To concur in said reference. 

Petition of Calvin Fairbanks & others was rec d - with an order of the 
House to refer the same to the joint Military Committee; which was 
read & Resolved, To concur in the said reference. 

Petition of Jedediah Richardson with an order of the House to refer 
the same to the joint Committee on the petition of Wallis & John Mott 
was rec d - and read; Whereupon Resolved, To concur in said reference. 

Petitions of the Selectmen of Topsham, and of Josiah Wood Jun. 
with an order on each referring the same to the 2d joint Land-tax Com- 
mittee, were rec d - & read; Whereupon Resolved, To concur in referring 
the same. 

The petition of Daniel Lockwood — of Jonathan Janes — of Thomas 
Brown — of Jonathan Woodbury — of Serenus Swift — of Samuel Bush- 
nell and the remonstrance against Jonathan Woodbury, with an order 
on each to refer the same to the juint Committee of Suspensions, were 
severally rec d - & read: Whereupon Resolved, To concur with the House 
in s d - reference. 

Rec d « from the House of representatives the petitions of the Select- 
men of Duucansboro' — of David Jones & [Alvin] Robinson — of Anson 
Munson — of Heman Lowry — of Daniel Pride — of James Johnson with 
an order on each to refer the same to the joint Committee of Claims: 
which were read & it was Resolved, To concur with the House in said 
reference. 

On motion, Mi-. Wright introduced the following resolution — Whereas 
a memorial has been presented to this Council by Samuel C. Crafts, 
Pliny Smith and William Gaboon Esquires, claiming their election by a 
majority of the votes of the freemen of this State as Councillors for the 
year ensuing, and a resolution of Council was passed to meet the House 
of representatives to consider said memorial, which resolution was not 
concurred in by said House of Representatives : Therefore Resolved, 
that a committee of three members be appointed to collect all the facts 
in relation to the votes of the freemen given in for Councillors the pres- 
ent year & report the same to this Council. Which was read & adopted; 
and Messrs. Seymour, Hunter & Miller were accordingly appointed. 

Rec d - from the House of representatives the report of the Visitors 
of the State Prison, with an order to refer the same to a committee of 
four members of the House to join from Council: Which was read & 



Governor and Council — October 1813. 15 

Resolved to concur in said reference, & Mr. Hunter was appointed on 
the part of the Council. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

On motion, Resolved, That the resolution passed in the forenoon ap- 
pointing a committee of three members to collect all the facts in rela- 
tion to the votes of the freemen for Councillors the present year be so 
amended as that said Committee shall consist of Jive members in lieu 
of three. Messrs. Wright & Harrington were accordingly added. 

Pursuant to the concurrent resolution of both Houses, the Governor 
& Council proceeded to the Representatives' room for the purpose of 
meeting the House of representatives in joint Committee to elect a 
Governor and Lieutenant Governor of the State for the year ensuing. 
On meeting the House & the joint resolution being read, His Excellency 
Jonas Galusha was nominated and appointed to take the chair. The 
ballots were then taken, sorted & counted for Governor; it appeared that 
the Honorable Martin Chittenden Esquire had a majority of votes, and 
was declared duly elected. The ballots were then duly taken, sorted & 
counted for Lieutenant Governor, when it appeared that the Hon. Will- 
iam Chamberlain Esquire had a majority of votes & was declared duly 
elected. After which the Council returned to their Chamber, and Ad- 
journed to 9 O'clock A. M. Tomorrow. 1 

1 Oct. 23 1813, being the second day after the above election, in joint 
Committee, Benjamin Fitch and Aaron Leland presented a memorial to 
the Legislature, in which they stated that Martin Chittenden received 
112 votes in the joint committee, and 111 votes were counted for Jonas 
Galusha. The memorialists then affirmed " that of the members of the 
honorable council and house of representatives, one hundred and twelve 
persons put each one ballot into the boxes for the said Jonas Galusha, 
for governor — by which it is certain that said Chittenden did not receive 
a majority of the ballots then given into the boxes for governor, and of 
course was not duly elected to said office — yet by the loss or failure to 
count one of said ballots, given for said Galusha, there appeared, con- 
trary to fact, a majority of one ballot for said Chittenden. And your 
memorialists are ready to prove these facts by the oath of the said one 
hundred and twelve members who put in said one hundred and twelve 
ballots for said Galusha. Your memorialists therefore pray that said 
declared election of governor may be holden for nought, and that the 
two houses of this legislature may convene, in joint committee, to elect 
a governor for the year ensuing." William A. Griswold then introduced 
a resolution for a joint committee of the two houses to consider the me- 
morial, and, in case the facts set forth therein should be supported, to 
elect a governor. A long debate ensued, and before the question on the 
resolution was reached, the Governor and Lieut. Governor elect ap- 
peared in the House with the Council, when the Governor was qualified 
and delivered his speech.— See printed Assembly Journal of 1813, pp. 
44, 45. The highest vote of the partizans of Gov. Chittenden in the 
House up to the election of Governor, was 108; the addition of the four 
Federal Councillors made 112. The highest vote in the House of the 



16 Governor and Council — October 1813. 

Friday October 22d, 1813. 9 O'clock A. M. 
Council met pursuant to adjournment and Adjourned to 2 o'clock P. M. 
2 O'clock P. M. — Council met pursuant to adjournment, and ad- 
journed to 9 O'clock A. M. Tomorrow. 



Saturday October 23d, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

His Honor William Chamberlain Esquire appeared in Council Cham- 
ber, and with the Council proceeded to the representatives' room, where 
after an address to the Throne of Grace by the Reverend Chaplain of 
the General Assembly, 1 the oaths of office were duly administered to His 
Honor, as Lieutenant Governor of this State for the year ensuing : After 
which, he returned with the Council to the Council Chamber. 

Petitions of Thankful McNeil — of Inhabitants of Moriah [N. Y.] — 
of William Meacham— of Charles McNeil — with an order of the House 
on each [to] refer the same to the joint committee on the petition of 
Wallis & John Mott, were severally rec d - & read : Whereupon it was 
Resolved, To concur in - said reference. 

Petition of Isaac Hinman was rec d - with an order on the same to refer 
it to the joint Committee on petitions for Bank favors ; which being 
read, it was Resolved, To concur in said reference. 

Petition of the first Constable of Jamaica was received from the 
House, with an order to refer the same to the joint Committee of 
Claims, & read : Whereupon Resolved, To concur in said reference. 

Petition of Stephen Martin, with an order of the House on the same 
was rec d - from the House of representatives, and read : Whereupon Re- 
solved, To concur with the House in referring the same to the joint 
Committee on the 10th section of the act for detaching the militia. 

Petition of Joseph Fessenden was rec d - from the House with an order 
to refer the same to the joint committee of suspensions ; which was 
read & it was Resolved, To concur in said reference. 

His Excellency Martin Chittenden Esquire the Governor elect ap- 
peared in Council, and took the chair. After which His Excellency the 
Governor, His Honor the Lieutenant Governor, and the Hon. Council 
proceeded to the representatives' room ; and after the oaths of office 
were duly administered to His Excellency, as Governor in & over the 
State of Vermont for the year ensuing, by His Honor Judge Tvler, he 
delivered the following Speech. 2 

After which the Governor & Council returned to their Chamber, and 
Adjourned to 2 o'clock P. M. 

partizans of Gov. Galusha was 103; the addition of eight Jeffersonian 
Republican Councillors made 111. The debenture account shows that 
Lieut. Gov. Brigham was paid for service on the day of the election of 
Governor, so his vote for Galusha would make 112. The solution of this 
question lies between the theory of the memorialists, or the withhold- 
ing of a Republican's vote, as the only alternatives.— See Deming's Cat- 
alogue, pp. 11, 12, for a suggestion that a member of Bennington County 
withheld his vote. 

*Rev. Daniel Marsh. 

1 For the speech see Appendix A. 



Governor and Council — October 1813. 17 

2 O'clock P. M. — Council met pursuant to adjournment. 

Received from the House of Representatives the memorial of Henry 
Olin & others, with an order of that body to refer the same to the joint 
Committee of claims ; Which being read Resolved, To concur with the 
House of Representatives in said reference. 

Adjourned to 9 O'clock A. M. Monday next. 



Monday October 25th, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Petition of Benjamin Whitman & others was rec d - from the House of 
Representatives, with an order to refer the same to a committee of two 
to join from Council ; which was read & Resolved, To join with said 
reference, and Mr. Painter was appointed on the part of Council. 

Petition of John M. Foster was rec d - from the House with an order of 
that body to refer the same to a committee of two to join from Council ; 
which being read, Resolved, To join in said reference & Mr. Painter 
was appointed on the part of Council. 

Petition of Harry Hale was rec d - from the House with an order to re- 
fer the same to the joint Committee of claims : Which being read it was 
Resolved, To concur in said reference. 

Petition of the Congregational Society in Middletown was rec d - from 
the House with an»order to refer the same to a Committee of two to join 
from Council ; which was read & it was Resolved, To join in said refer- 
ence & Mr. Seymour was appointed on the part of Council. 

Petition of P. Seaman & Anna Seaman was rec d - from the House with 
an order to refer the same to a Committee of two to join from Council ; 
which being read, Resolved, To join in said reference, & Mr. Loomis 
was appointed on the part of the Council. 

Petition of Ira Fox was rec d - from ttie House with an order to refer 
the same to a committee of two to join from Council ; which was read & 
Resolved, To join in said reference & Mr. Fletcher was appointed. 

Petition of Nathaniel Ruggles was rec d - from the House with an order 
to refer the same to a committee of three to join from Council ; which 
was read & Resolved, To join in said reference & Mr. Keyes was 
appointed. 

Petition of Samuel How was rec d - from the House with an order to 
refer the same to the joint Committee on the petition of Timothy 
Turner ; which was read & Resolved, To concur in said reference. 

Petition of Jacob Winn was rec d - from the House with an order to 
refer the same to a committee of two to join from Council ; which being 
read, Resolved, To join in said reference, & His Honor Gov. Chamber- 
lain was appointed on the part of Council. 

Petition of James Lewis was rec d - from the House with an order to 
refer the same to the joint Committee on the petition of Jacob Winn ; 
which was read & Resolved, to concur in said reference. 

Jacob B. Hadley's petition was rec d - from the House with an order to 
refer the same to a Committee to join a committee of Council ; which 
being read, Resolved to join in said reference & Mr. Hunter was ap- 
pointed on the part of Council. 

Petition of Cyrus Washburn was rec d - from the House with an order 
to refer the same to a committee of two to join from Council ; which be- 
ing read, it was Resolved, To join in said reference, & Mr. Bliss was ap- 
pointed on the part of Council. . 

Petition of Inhabitants of Franklin County for a turnpike, with an 
order to refer the same to the joint Turnpike Committee, was rec d - from 
the House & read : Whereupon Resolved, To concur in said reference. 

2 



18 Governor and Council — October 1813. 

Petition of John Phelps was rec d - from the House with an order to 
refer the same to the joint Committee on petitions for Bank favors, 
which being read, Resolved, To concur in said reference. 

Petition of John W. Blake, with an order to refer the same to the 
joint Turnpike Committee, was rec d - and read : Whereupon Resolved, 
To concur in said reference. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Rec d - from the House of Representatives a resolution appointing 
Tuesday the 26th day of instant October a time for both Houses to meet 
in the Representatives' room, at 10 o'clock A. M., to elect judges of the 
Supreme Court, a Surveyor General, an Auditor of accounts against the 
State, and a person to preach the next election sermon : Which being 
read, it was Resolved, To concur in the said resolution, with the follow- 
ing proposed amendment, viz. erase the words "Tuesday the 26th," and 
insert "Wednesday the 27th," & Mr. Wright was appointed to assign 
the reasons of the House. 

Mr. Loomis on leave introduced the following resolution — 

In Council October 25, 1813. 

Resolved, by the Governor & Council, the House of Representatives 
concurring herein, that the members of both Houses convene in the 
Representatives' Room on Thursday next at 4 O'clock P. M., to offer 
up thanks to Almighty God for the complete victory obtained near 
the river Thames, in Upper Canada, on the 5th day of October instant, 
by the American army under General Harrison, over the combined 
forces of British & Indians under General Proctor, & that the Rev. 
Chaplain be requested to deliver a discourse and address the throne of 
grace in prayer suited to the occasion. Which was read & adopted. 1 

Mi. Griswold of the House of Representatives appeared in Council 
chamber & informed the Governor & Council that the House had con- 
curred in the amendment proposed by the Council to the resolution ap- 
pointing a time for both Houses to meet for the choice of Judges of the 
[Supreme Court, Surveyor General, Auditor of accounts against the State, 
& person to preach the next election sermon. 

On motion, Resolved, That a committee of three be appointed to take 
into consideration petitions of convicts for pardon. Messrs. Iluuter, 
Seymour & Dana were accordingly appointed. 

Petitions of Joshua Brooks— of Zebedee Goodwin— of Dexter Ward — ▲ 
of Eleazer Flagg—of Ebenezer Eaton— of William Paige— of Zerah Smith ^ 
— of Caleb Whipple — of Amasa Brown, with an order on each, were 
rec d - from the House of representatives, to refer the same to the joint 
Committee of suspensions: Which being severally read, it was Resolved, 
To concur with the House of representatives in said references. 

Petitions of Daniel MeCulis [CrillisJ— of Samuel Mix— of Inhabitants 
of Derby— of Selectmen of Wheelock— of Elihu How— of Joseph Bost- 
wick— of John Wheatley were rec d - from the House of Representatives 
with an order ou each to refer the same to the joint Committee of 
Claims; which being read Resolved, To concur in the said references. 

Petitions of Nathan Smith— of Leonard Farwell— of John Gould, 
were ree d - from the House of representatives, with an order on each to 

1 Oct. 20, the House refused to concur in this resolution, 108 to 95. 
On the 2d of Nov. the House voted to adjourn at 4 p. m. of the next day, 
thus giving to all members who were so disposed an opportunity to 
unite in such services.— -See printed Assembly Journal of 1813, pp. 60, 
62, 101, 102. 



Governor and Council — October 1813. 19 

refer the same to the joint committee of New Trials: "Which being read 
Resolved, To concur in said references. 

Petition of Avis Moulton & C. Langdon was rec d - from the House with 
an order to refer the same to the joint Committee on the petition of 
Timothy Turner: Which being read, Resolved, To concur in the said 
reference. 

Petition of Moses Cobb was rec d - with an order of the House to refer 
the same to the joint Committee on the petition of William Carlton: 
Which being read, Resolved, To concur in said reference. 

Petition of Gamaliel Painter & others was rec d - from the House with 
an order to refer the same to the joint Turnpike Committee: Which be- 
ing read, Resolved, To concur in said reference. 

Petition of Timothy Hinman was rec d - from the House with an order 
to refer the same to the joint Committee on the resolution respecting 
Bank favors: Which being read, Resolved, To concur in said reference. 

Rec d - from the House of representatives a resolution appointing a 
Committee of four members of that body to join such committee as the 
Council may appoint, to be called a Committee of Military Claims: 
Which was read & it was Resolved, To join in said Committee, & Mr. 
Harrington was appointed on the part of Council. 

Petitions of Isaac Bailey & others — & of Gilbert Bradley were rec d - 
from the House with an order on each to refer the same to the joint 
Committee of Military Claims: Which was read & Resolved, To concur 
in said reference. 

Rec d - from the House of Representatives a resolution appointing a 
Committee of three members of that body to join such as the Council 
may appoint, to take into consideration the law laying a tax on pleasure 
carriages; Which being read, Resolved, To concur in said resolution; 
and Mr. Richards was appointed on the part of the Council. 

Rec d - from the House a resolution directing the Secretary of State to 
transmit to the University of Vermont — Middlebury College, and the 
Historical Society of Massachusetts, a copy of the Laws, Journals, [Elec- 
tion] Sermons &c. Which being read Resolved, To concur in said reso- 
ution. 

Rec d - from the House of representatives the following resolution: 

In General Assembly October 25, 1813. 

Resolved that His Excellency the Governor be requested, by & with 
the advice of Council, to appoint Thursday, the 2d clay of December 
next, as a day of public thanksgiving and praise throughout this State: 
Which being read, Resolved, To concur in said resolution. 

Rec d - from the House of representatives a resolution, appointing a 
committee of four members of that body to join such as the Council may 
appoint, to take into consideration the laws respecting the appointment 
of State officers: Which being read, Resolved, To concur in said resolu- 
tion; and Mr. Keyes was appointed on the part of Council. 

Rec d - from the House of representatives the report of the Auditor in 
the Treasury department, with an order to refer the same to a commit- 
tee of four to join from Council: Which being read, Resolved, To join in 
said reference, and Mr. Miller was appointed on the part of Council. 

The petition of Addison Stewart, a convict in the State's Prison, pray- 
ing for a pardon, was read and on the question, Shall the prayer of the 
petition be granted? the yeas & nays were called for & taken as follows, 
viz. Yea, Mr. Keyes; Nays. Gov. Chamberlain, Messrs. Wright, Rich- 
ards, Hunter, Seymour, Loomis, Harrington, Bliss, Fletcher, Miller, 
Painter, & Dana, so the prayer of the petition was not granted; and On 
motion, Resolved, That the said petition be dismissed. 

Adjourned to 9 o'clock tomorrow. 



20 Governor and Council — October 1813. 

Tuesday October 26, 1813. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

His Excellency the Governor was pleased to appoint Samuel Swift, 
Esquire, Secretary to himself & Council for the year ensuing and he was 
duly qualified to the duties of that office. 

Rec d - from the House of representatives a resolution that the two 
Houses meet in County Conventions, on Wednesday the 27th instant, at 
4 o'clock in the afternoon, for the purpose of making their nominations 
for County officers, & that they meet in joint committee in the Repre- 
sentatives' room, at the opening of the' House on Thursday morning 
next, for the purpose of electing such officers: Which being read, Re- 
solved, to concur in said resolution. 

Rec d - from the House of representatives a resolution, that so much of 
His Excellency's Speech as relates to the militia be referred to the joint 
Military Committee: Which being read, Resolved to concur in said res- 
olution. 

Rec d - from the House of representatives a petition of Caleb Risley, 
praying for an act to free his body from arrest, with an order to refer the 
same to the joint committee of suspensions : Which being read, Re- 
solved, To concur with the House of representatives in their said ref- 
erence. 

Petition of the officers & non-commissioned officers of a company of 
Light Infantry, in the second regiment, first brigade & second division 
of the militia for liberty to increase their company, with an order to re- 
fer the same to the military committee : Which being read, Resolved, 
To concur with the House in their reference. 

Rec d - from the House a bill for the relief of Jonathan Janes, with an 
order to refer the same to the committee of suspensions; Which being 
read, Resolved, To concur with the House in their said reference. 

Rcc d ' from the General Assembly an engrossed bill entitled "An act 
in addition to an act entitled an act for the support of the gospel," sent 
up for concurrence or proposals of amendment: Which being read, Re- 
solved, to concur with the House of representatives in passing said bill 
into a law. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— The Governor & Council met pursuant to Adjourn- 
ment. 

Rec d - from the House of representatives an engrossed bill entitled 
"An act to repeal an act entitled an act to prevent intercourse with the 
enemies of this and the United States," which being read, Resolved, 
That the same be referred to a committee of three for the purpose of 
proposing amendments; and accordingly Messrs. Harrington, Painter & 
Seymour were appointed. 

Rec d - from the House of representatives a bill entitled "An act freeing 
the body of Jabez G. Fitch from arrest & imprisonment for the term of 
ten years," with an order to refer the same to the joint committee of 
suspensions, which being read, Resolved, To concur with the House in 
their said reference. 

Rec d - from the House of representatives a resolution, that a committee, 
of four members to join such committee as the Council shall appoint be 
chosen to enquire whether any. and if any what measures ought to be 
taken to perpetuate in its purity the Merino breed of sheep within this 
State, and to report by bill or otherwise : which being read, Resolved, 
To join with the House in said committee and His Honor Lt. Gov. 
Chamberlain was appointed on the part of the Council. 

Adjourned to 9 o'clock A. M. Tomorrow. 



Governor and Council — October 1813. 21 

Wednesday October 27, 1813. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Mr. Lyon of the House of representatives appeared in Council, with 
the resolution of the 2oth instant sent down from the Council for con- 
currence, appointing a time for both Houses to meet in the representa- 
tives' room for the purpose of offering up thanks to Almighty God for 
the victory of the Army over the British <fc Indians near the River 
Thames in Upper Canada ; and informed the Governor & Council that 
the House had not concurred in said resolution, and assigned the reason, 
and withdrew. 

Mr. Richards asked for leave of absence after tomorrow, which was 
granted. 

Pursuant to the joint resolution for that purpose, the Governor & 
Council proceeded to the representatives' room, to meet the House of 
representatives for the purpose of electing Judges of the Supreme 
Court, Surveyor General, Auditor of accounts against the State, and a 
person to preach the next election sermon, when the ballots being duly 
taken, sorted & counted, it appeared that the Honourable Nathaniel 
Chipman was chosen Chief Judge of the Supreme Court of Judicature & 
Court of Chancery — the Hon. Daniel Farrand and Jonathan H. Hub- 
bard, Esquires, Assistant Judges, John Johnson Esquire Surveyor Gen- 
eral, Job Lyman Esquire Auditor of accounts against the State, the Rev. 
Elijah Lyman to preach the next election sermon, & the Rev. John 
Fitch a substitute in case of failure. After which the Governor & Coun- 
cil returned to their chamber. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— The Governor & Council met pursuant to adjourn- 
ment. 

Rec d - from the House of representatives a petition of the Inhabitants 
of Moretown & the adjacent towns, praying to be freed from the toll of 
a turnpike gate, with an order to refer the same to the joint Turnpike 
Committee ; which being read, Resolved, To concur in said reference. 

Adjourned to 9 o'clock A. M. tomorrow. 



Thursday October 28th, 1813. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Rec d - from the House of representatives an engrossed bill, entitled 
"An act freeing the person of Jonathan Janes from arrest & imprison- 
ment for the term of five years," sent up for concurrence : Which being 
read, Resolved, To concur in passing the same into a law. 

Mr. Richards having leave of absence, On motion, Mr. Keyes 1 was ap- 
pointed to take his place on the following Committees, viz. Committee 
of Manufactures— on the bill annexing Mt. Tabor to Bennington County, 
and on the resolution to take into consideration the act laying a tax on 
pleasure carriages. 

Agreeably to the joint resolution for that purpose, His Excellency the 
Governor & the Hon. Council proceeded to the representatives' room 
to meet the House in joint Committee for the purpose [of] electing 
County officers: After proceeding in the business of the joint Commit- 
tee, ttie same was adjourned to 9 o'clock A. M. Tomorrow & the Gover- 
nor & Council returned to their Chamber. 

Adjourned to 2 O'clock P. M. 



Secretary Swift generally recorded this name erroneously as Keys. 



22 Governor and Council — October 1813. 

2 O'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

Rec d - from the House of representatives an account of Alexander 
Hutchinson, as auditor of accounts against the State, with an order to 
refer the same to the joint Committee of claims: Which being read, Re- 
solved, to concur with the House in said reference. 

Rec d - from the House an engrossed bill, entitled "An act for the relief 
of Elihu Howe, discharging Ebenezer Pratt from the payment of a note," 
sent up for concurrence: Which being read, Resolved, To concur with 
the House in passing the same into a law. 

Rec d - from the House of representatives the following engrossed bills 
sent up for concurrence, viz. "An act granting relief to Henry Gould," 
"An act directing the Treasurer to pay Anson Munson the sum therein 
mentioned," "An act incorporating certain persons therein mentioned, 
by the name of the St. Johnsbury Aqueduct Company," "An act to pre- 
vent certain public nuisances," which being severally read, Resolved 
to concur with the House of representatives in passing the same into 
laws. 

The petition of Elijah Remington, a convict in the State's Prison, 
stating he was convicted, at the term of the Supreme Court holden at 
Rutland in January 1810, of the crime of passing counterfeit Bank bills, 
for which he was sentenced to the State's Prison for the term of ten 
years, and praying for a pardon, being called up & read, on the question, 
— Shall the prayer of the petition be granted, the yeas and nays were 
called for & taken, as follows, Yeas, Gov. Chamberlain, Messrs. Wright, 
Richards, Keyes, Hunter, Seymour, Loomis, Harrington, Bliss, Fletcher^ 
Miller, Painter & Dana. Nays, none. So the prayer of the petition 
was granted, & His Excellency the Governor was requested to issue a 
pardon accordingly. 

Petition of Daniel Cook & others, inhabitants of Washington & Cor- 
inth, praying for a market road, leading from Washington Turnpike, 
through Washington, Corinth & Fairlee to Connecticut River, was rec d - 
from the House of Representatives, with an order to refer the same to 
the joint Turnpike Committee: Which being read, Resolved, To concur 
with the House in the said reference. 

Rec d - from the House of Representatives an account of Orsemus 
[probably Orsamus C] Merrill, as Auditor in the Commissary depart- 
ment, with an order to refer the same to the Committee of Claims: 
Which being read, Resolved, To concur with the House in their said 
reference. 

Petition of John Page Jun. a convict in the State's Prison, praying 
for a pardon, was called up and read, and on the question. Shall the 
prayer of the petition be granted ? the yeas & nays were called for & 
taken as follows, Yeas, Messrs. Wright, Keyes, Hunter, Seymour, 
Loomis, Bliss, Fletcher, Miller, Painter & Dana. Nays, none. So the 
prayer of the petition was granted, and His Excellency the Governor 
was requested to issue a pardon accordingly. 

Petition of Isaac Benson, a convict in the State's Prison, praying for 
a pardon, was called up & read, and on the question, Shall the prayer of 
the Petition be granted ? It was decided in the affirmative, by yeas & 
nays, as follows, viz. Yeas, Messrs. Wright, Keyes, Hunter, Seymour, 
Loomis, Bliss, Fletcher, Miller, Painter and Dana. Nays, none; and 
His Excellency the Governor was requested to issue a pardon accord- 
ingly. 

Petition of Aaron Hanscom, a convict in the State's Prison, praying 
for a pardon, was called up & read, and on the question, Shall the prayer 
of the petition be granted ? it was decided in the affirmative by yeas & 



Governor and Council — October 1813. 23 

nays, as follows, viz. Yeas, Messrs. Wright, Keyes, Hunter, Seymour, 
Loomis, Bliss, Fletcher, Miller, Painter & Dana ; And His Excellency 
the Governor was requested to issue a pardon accordingly. 

Petition of Samuel Green Jun. a convict in the State's Prison, pray- 
ing for a pardon, was called up & read, and on the question, Shall the 
prayer of the petition be granted ? it was decided in the affirmative, by 
yeas & nays as follows, viz. Yeas, Messrs. Wright, Keyes, Hunter, Sey- 
mour, Loomis, Bliss, Fletcher, Miller, Painter & Dana. Nays, none: 
And His Excellency the Governor was requested to issue a pardon 
accordingly. 

Petition of Benjamin Erwin, a convict in the State's Prison, praying 
for a pardon, was called up and read, and on the question, Shall the 
prayer of the petition be granted ? it was decided in the affirmative by 
yeas & nays, as follows, viz. Yeas, Messrs. Wright, Keyes, Hunter, Sey- 
mour, Loomis, Bliss, Fletcher, Miller, Painter, & Dana. Nays, none. 
And His Excellency the Governor was requested to issue a pardon ac- 
cord ingty. 

Petition of Samuel Graves, a convict in the State's Prison, praying 
for a pardon, was called up & read, and on the question, Shall the prayer 
of the petition be granted ? it was decided in the affirmative, by yeas & 
nays as follows, viz. Yeas, Messrs. Wright, Keyes, Hunter, Seymour, 
Loomis, Bliss, Fletcher, Miller, Painter & Dana. Nays, none. And His 
Excellency the Governor was requested to issue his pardon accordingly. 

Adjourned to 9 o'clock A. M. tomorrow. 



Friday, October 29th, 1813. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Agreeably to adjournment, His Excellency the Governor and the Hon. 
Council proceeded to the representatives' room to meet the House of 
representatives in joint Committee for the election of County officers; 
and after proceeding with their business the joint Committee adjourned, 
& the Governor & Council returned to their Chamber. 

Adjourned to 2 O'clock this afternoon. 

2 O'clock P. M.— The Governor & Council met according to adjourn- 
ment. 

The Committee, to whom was referred, for proposal of amendment, 
the engrossed bill, entitled "An act to repeal an act entitled an act to 
prevent intercourse with the enemies of this and the United States," 
reported the following, viz. add to the bill the words — " Provided never- 
theless, That this repeal shall not affect any right or rights, fines, for- 
feitures or penalties incurred, or accruing under said act, any thing 
herein contained to the contrary notwithstanding;" and on the ques- 
tion, Shall the said amendment be adopted & proposed to said bill, the 
yeas & nays were called for & taken, as follows, viz. Yeas, Messrs. 
Wright, Keyes, Hunter, Seymour, Loomis, Harrington, Bliss. Nays, 
His Honor Gov. Chamberlain, Messrs. Fletcher, Miller, Painter & 
Dana; So the amendment was adopted: Whereupon, Resolved, That the 
Governor & Council concur with the House of representatives in pass- 
ing the said bill into a law, with the above proposed amendment. 

Rec d - from the House of representatives the following engrossed bills 
sent up for concurrence, viz. " An act directing the Treasurer to pay 
John M. Foster the sum therein mentioned "—and "An act directing the 
Treasurer to pay Daniel McCrillis the sum therein mentioned," which 
being severally read, Resolved, To concur with the House of Represent- 
atives in passing the same into laws. 



24 Governor and Council — October 1813. 

The petition of John C. Dunbar, a convict in the State's Prison, pray- 
ing for a pardon, was called up and read, and on the question— Shall the 
prayer of the petition be granted ? it was decided in the affirmative, by 
yeas & nays as follows, viz. Yeas, Gov. Chamberlain, Messrs. Wright, 
Keyes, Hunter, Loomis, Harrington, Bliss, Fletcher, Miller, Painter & 
Dana. Nay, Mr. Seymour. And His Excellency the Governor was re- 
quested to issue a pardon accordingly. 

Rec d - from the House a bill entitled "An act establishing a County 
Grammar School in the County of Jefferson, in the town of Montpe- 
lier," with an order of the House that the same be referred to the Com- 
mittee on the bill appropriating the Grammar School lands in Franklin 
County; which being read, Resolved, To concur with the House in the 
said reference. 

Rec d - from the House of Representatives a bill entitled "An act to in- 
corporate the Vermont Medical Society," with an order to refer the 
same to a committee [of three] to join from Council: Which was read, 
and it was Resolved, To join with the House in said reference. 

Rec d - from the House a bill entitled " An act reviving and continuing 
in force an act therein mentioned," with an order to refer the same to 
the joint Turnpike Committee; Which being read, Resolved to concur 
in the said reference. 

Petition of Joseph H. Ellis was rec d - from the House with an order to 
refer the same to the Committee of New Trials: which being read, Re- 
solved, to concur in said reference. 

Petition of George Deming, praying for the exclusive right of a ferry 
from Burlington to Pittsburgh, was rec d - from the House of representa- 
tives with an order thereon to refer the same to the joint Committee on 
the petition of Wallis & John Mott, which being read, Resolved, to con- 
cur with the House in their reference. 

Petition of G. Painter was rec d - from the House of representatives 
with an order on the same to refer it to the joint Bank Committee; 
which was read & it was Resolved, To concur with the House in said 
reference. 

Rec d - from the House of representatives a bill entitled "An act em- 
powering the Rutland and Stockbridge Turnpike Corporation to discon- 
tinue the turnpike gate near the dwelling house of John Fuller Esq. in 
Stockbridge, and to take the same toll at the gate near Rufus Richard- 
son's in Parkerstown [Mendon] as is now taken at both gates," with an 
order of the House to refer the same to the joint turnpike Committee; 
which being read, Resolved, To concur with the House of Representa- 
tives in said reference. 

Rec d - from the House of representatives a bill entitled " an act in ad- 
dition to an act entitled an act for the probate of wills and the settle- 
ment of testate and intestate estates," with an order of the House on 
the same to refer it to the joint committee on the petition of Timothy 
Turner: which was read & it was Resolved, To concur with the House 
in their reference. 

Adjourned to 9 o'clock A. M. Tomorrow. 



Saturday October 30th, 1813. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Rec d - from the House of representatives the following engrossed bills 
sent up for concurrence, viz. "An act directing the Treasurer to pay the 
sums therein mentioned," and "An act authorizing Roger Haskell & 
Meribah Haskell, guardians, to sell the real estate of wards," which be- 



Governor and Council — November 1813. 25 

ing severally read, Kesolved, To concur with the House of representa- 
tives in passing said bills into laws. 

Rec d - from the House of representatives a resolution appointing a com- 
mittee of five members of that body to join from Council, to examine the 
report of the Hon. Royall Tyler. Theophilus Herrington & David Fay 
commissioners appointed to examine and adjust the accounts of the 
Vermont State Bank, at the Middlebury branch, which being read, Re- 
solved, To join with the House in said reference & the [that a] com- 
mittee of three members of Council be appointed to join the Committee 
on the part of the House 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

Ree d - from the House of representatives the following engrossed bills 
sent up for concurrence, viz. "An act for the relief of Daniel Shepard," 
"An act granting relief to Eben Conant," which being severally read, 
Resolved, To concur with the House of representatives in passing the 
same into laws. 

Adjourned to 9 O'clock A. M. Monday next. 



Monday November 1, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of representatives a bill entitled "An act in addi- 
tion to an act entitled an act incorporating the Passumsick Turnpike 
Company," with an order to refer the same to the joint Turnpike Com- 
mittee ; which being read, Resolved to concur with the House in their 
said reference. 

Rec d - from the House [of] representatives a resolution that a Commit- 
tee of four be appointed, to join from Council, to take into consideration 
the propriety of a law by which the several County Courts in this State 
shall be governed in regard to the extent of the several goal yards in 
the said Counties ; which being read, Resolved, to join in said resolu- 
tion, and Mr. Wright was accordingly appointed on the part of Council. 

Rec d - from the House of representatives a bill entitled "An act author- 
izing the Treasurer of the State to pay the sum therein mentioned," 
with an order on the same to refer it to the joint Committee of Claims : 
which being read, Resolved, To concur in the said reference. 

Rec d - from the House of representatives a bill vacating the offices of 
Militia officers who accept commissions in the army of the United 
States, with an order of reference to the joint Military Committee ; 
which was read & it was Resolved, To concur in said reference. 

The petition of Amos Staples, praying for a compensation for arrest- 
ing Levi .Noble, with an order to refer the same to the joint committee 
of claims, was rec d - and read : Whereupon, Resolved, To concur with 
the House of representatives in their said reference. 

Rec d - from the House of representatives a bill for the relief of Martin 
Roberts, with an order to refer the same to the joint committee on 
Claims for Bank favors: Which was read & it was Resolved to concur in 
said reference. 

Rec d - from the House of representatives a bill entitled "an act in addi- 
tion to an act entitled an act directing proceedings against Trustees of 
absconding or concealed debtors," with an order of the House to refer 
the same to the joint Committee for limiting gaol yards ; which was 
read & Resolved, To concur with the House of representatives in their 
said order of reference. 



26 Governor and Council — Nbve?nber 1813. 

Rec d - from the House a resolution directing the joint committee on 
the petition of Timothy Turner to inquire into the expediency of pass- 
ing a law authorizing administrators dz bonis non to carry into effect the 
contracts of a prior administrator: which being read, Resolved, To con- 
cur in said resolution. 

Rec d - from the House of representatives the following engrossed bills, 
sent up for concurrence, viz. "An act for the relief of Eleazer Flagg 
administrator of the estate of Jonathan Parker, late of Clarendon, de- 
ceased," and " An act for the relief of Theodore Shelden," which being 
severally read, it was Resolved, To concur with the House of represent- 
atives in passing the same into laws. 

Rec d - from the House of representatives an engrossed bill, sent up for 
concurrence or proposals of amendmeut, entitled "An act authorizing 
a committee therein named to alter a road through Leicester," which 
being read, Resolved, To concur with the House in passing the same 
into a law, with the following proposed amendment, viz. add the follow- 
ing clause — "Provided always, That any damage, which may be done to 
any person, or persons, by laying out or altering said road, shall be as- 
certained and paid agreeable to the provisions of the act authorizing the 
selectmen to lay out & open roads in the several towns in this State." 

Rec d - from the House of representatives a bill entitled "An act direct- 
ing the Treasurer to credit the first constable of Westford the sum 
therein mentioned," with an order to refer the same to the joint Com- 
mittee of claims: Which was read & it was Resolved, To concur in said 
reference. 

Rec d - from the House of representatives a bill entitled "An act in ad- 
dition to an act establishing the Stratton Turnpike Corporation," with 
an order of the House thereon to refer the same to the joint Turnpike 
Committee: which being read, Resolved, To concur with the House in 
their said reference. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

Rec d - from the House of representatives a bill entitled " An act for 
the relief of John Phelps," with an order to refer the same to the Bank 
Committee; which was read & it was Resolved, To concur with the 
House in said reference. 

Rec d - from the House of representatives a bill entitled " an act relat- 
ing to depositions " &c. with an order to refer the same to a committee 
of four to join from Council; which being read, Resolved, To concur 
with the House in said reference & Mr. Loomis was duly appointed on 
the part of the Council. 

Rec d - from the House of representatives a bill entitled " an act to re- 
peal an act appointing a committee to lay out a road from the mouth of 
White River in Hartford to Woodstock Court House, passed the 7th of 
November 1808," with an order of reference to the joint Turnpike Com- 
mittee: Which being read, Resolved, To concur in said reference. 

Rec d - from the House of representatives a resolution appointing a 
committee of four members of the body to join from Council, to en- 
quire the cause why the Town of Canaan have not paid their taxes: 
which being read, Resolved, To concur in said resolution, and Mr. Har- 
rington was accordingly [appointed] on the part of the Council. 

Petition of Parley Davis, praying for relief from a judgment rendered 
against him, as bail for David Robbins, and paid by him, was received 
with an order to refer the same to a committee of four to join from 
Council, which being read, Resolved, To concur in said reference, & Mr. 
Painter was appointed on the part of Council. 



Governor and Council — November 1813. 27 

Petition of Jonathan Gilman, a convict in the State's Prison, praying 
for a pardon, was called up and read, and on the question, Shall the 
prayer of the petition be granted ? it was decided in the negative by 
yeas & nays as follows, viz. Yeas, none. Nays, Gov. Chamberlain, 
Messrs. Wright, Hunter, Seymour, Loomis, Harrington, Bliss, Fletcher' 
Miller, Painter & Dana : Whereupon Ordered, That said petition of 
Jonathan Gilman be dismissed. 

Adjourned to 9 o'clock A. M. tomorrow. 



Tuesday November 2, 1813. 9 o'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Rec d - from the House of representatives a report of the Committee of 
Military Claims with an order to refer the same to the same Committee 
for the purpose of bringing in a bill agreeably to their report ; which 
being read, Resolved, To concur in the said order of reference. 

Rec d - from the House of representatives a resolution that a Committee 
of two be appointed to join from Council, to be denominated "The Com- 
mittee of finance, to enquire into the State of the Treasury &c :" which 
being read, Resolved, To concur in said resolution ; and accordingly Mr. 
Miller was appointed on the part of Council. 

Rec d - from the House of representatives the following engrossed bills, 
sent up for revision and concurrence or proposals of amendment, viz. 
"An act for the relief of >amuel Bushuell ; an act for the relief of Zerah 
Smith ; an act directing the Treasurer of the State to pay Heman Lowry 
the sum therein mentioned ; an act for the relief of Joshua Brooks ; an 
act laying a tax of three Cents per acre on the township of Concord ; an 
act establishing an Academy at Cavendish, in the County of Windsor; 
an act appropriating a sum of money for defraying the expences of the 
Council of Censors ; an act for the relief of Mary Beach ; an act in addi- 
tion to an act establishing a corporation by the name of the Strafford 
Turnpike Company ;" and "an act appointing a collector for the town of 
Chittenden," [which] were severally read, & it was Resolved, To concur 
with the House of representatives in [passing] the same into laws. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— Council met according to adjournment. 

Rec d - from the House of representatives an engrossed bill, sent up for 
revision and concurrence or proposals of amendment, entitled "An act 
for the relief of William Paige," which being read, Resolved, To concur 
with the House of representatives in passing the same into a law, with 
the following proposed amendment, viz. add to the bill the following 
clause — "Provided, nevertheless, that the said William Paige shall take 
no benefit by this act until he shall have executed a good & sufficient 
bond with sureties to the acceptance of one of the Judges of Rutland 
County Court ; which bond shall be taken to the Treasurer of Rutland 
County, for the benefit of the creditors of the said William Paige, — con- 
ditioned that the said William shall not waste or any [way] dispose of 
his property to injure his creditors, during the term aforesaid ; which 
bond shall be lodged in the County Clerk's office in the County of Rut- 
land, there kept for the benefit of said creditors." 

Rec d - from the House of representatives an engrossed bill entitled 
"An act for the relief of Caty Mills," sent up for revision and concur- 
rence or proposals of amendment ; which being read, Resolved, That 
the following amendment be proposed to said bill, viz. add to end the 
following clause, "Provided nevertheless, that the said Caty Mills shall 
not be authorized. to execute a deed as aforesaid, until she shall have 



28 Governor and Council — November 1813. 

notified all persons interested to appear & shew cause, if any there be, 
why such authority should not be granted ; which notice shall be pub- 
lished in the same manner aud under Ihe same regulations as provided 
in the second section of an act supplementary to an act entitled an act 
for the probate of wills, and the settlement of testate and intestate es- 
tates, passed Nov. 5, 1798." 

Petition of William T. Ball, a convict in the State's prison, praying 
for a pardon, being called up was read, and, on motion, Ordered, That 
the same be dismissed. 

Petition of Caleb Graham, a convict in the State's Prison, praying for 
a pardon, was called up & read, and On motion, Ordered, That the same 
be dismissed. 

Rec d - from the House of representatives a resolution of the State of 
North Carolina, proposing amendments to the constitution of the United 
Slates, with an order of the House to refer the same to a committee of 
four members to join from Council. Which being read, Kesolved, To 
ioin in said reference, and Messrs. Miller & Seymour were appointed on 
the part of Council. 

Petition of Benjamin Robinson, a convict in the State's prison, praying 
for a pardon, was called up and read, and On motion, Resolved, That the 
petitioner have leave to withdraw his petition. 

Adjourned to 9 o'clock A. M. tomorrow. 



Wednesday November 3, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of representatives a resolution that the commit- 
tee jointly appointed to enquire into the proceedings of the several 
towns in this State, under the act entitled u an act in addition to an act 
directing the mode of election of Governor, Lieutenant Governor, Treas- 
urer &c." be directed to report to this House the number of votes of the 
freemen of this State, given as aforesaid, which have been rejected, and 
report by bill or otherwise ; Which being read, Resolved, To concur in 
said resolution. 

Rec d - from the House of representatives a resolution appointing a 
committee of four members of that body, to join from Council, to take 
into consideration the propriety of passing a law laying a tax on the in- 
habitants of this state for the purpose of paying into the Treasury of 
the United States this State's quota of the direct tax, agreeable to an 
act passed at the last session of Congress, & that said Committee report 
by bill or otherwise : Which being read, Resolved, To join with the 
House in their said resolution ; And accordingly His Honor Lt. Gov. 
Chamberlain, Messrs. Wright & Seymour were appointed on the part of 
the Council. 

Rec d - from the House of representatives the following engrossed bills, 
sent up for revision & concurrence or proposals of amendment, viz. "An 
act directing the President & Directors of the Vermont State Bank to 
stay the collection of two certain notes therein mentioned ; An act lay- 
ing a tax on the County of Essex ; An act directing the Treasurer to 
credit the first constable of Rochester the sum therein mentioned ;" 
Which being severally read, Resolved, To concur in passing the same 
into laws. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— Council met pursuant to adjournment. 

Petition of Calvin Hall, a convict in the State's Prison, praying for a 
pardon, was called up & read, and on the question Shall the prayer of 



Governor and Council — November 1813. 29 

the petition be granted ? the yeas & nays were called for & taken as fol- 
lows, viz. Yeas, His Honor Gov. Chamberlain, Messrs. Wright, Seymour, 
Loomis, Harrington, Bliss & Dana ; Nays, Mr. Keyes. So the prayer 
of the petition was granted ; and His Excellency the Governor was re- 
quested to issue a pardon accordingly. 

Rec d from the House of representatives a bill entitled " An act in 
addition to an act entitled an act granting a tax of three Cents per acre 
on the township of Lincoln, passed by the legislature of Vermont at 
their October Session A. D. 1812," with an order of the House to refer 
the same to a committee of four to join from Council : "Which being 
read, Resolved, To concur with the House in said reference, and Mr. 
Dana was accordingly appointed on the part of Council. 

Rec d from the House of representatives a bill entitled " An act ap- 
pointing a collector in Montpelier," with an order of the House to refer 
the same to a committee of two [to] join from Council : Which being 
read, Resolved, To concur in said reference, & Mr. Bliss was appointed 
on the part of Council. 

Rec d from the House an engrossed bill entitled "An act granting to 
Charles McNeil the exclusive right of keeping a ferry from Charlotte 
across lake Champlain," sent up for revision & concurrence or proposals 
of amendment : Which being read, Resolved, To concur in passing the 
same into a law. 

On motion of Mr. Seymour, Resolved, that another member be added 
to the joint Committee of Claims ; And Mr. Dana was appointed ac- 
cordingly. 

Adjourned to 9 o'clock A. M. Tomorrow. 



TnuRSDAY November 4th, 1813. 9 o'clock A. M. 

Council met pursuant to adjournment. 

Rec d from the House of representatives an engrossed bill entitled "an 
act authorizing Roger Haskell and Meribah Haskell, guardians, to sell 
the real estate of their wards," sent up for revision and concurrence or 
proposals of amendment ; which being read, Resolved, That the same 
be revised by erasing in the first section the word "Roger" inserted as 
the christian name of the deceased, & insert " Mark ;" & that the Coun- 
cil do concur with the House in passing the same into a law, with the 
above correction. 

Rcc d from the House an engrossed bill entitled " An act for the relief 
of David Herriman," sent up for concurrence or proposals of amend- 
ment : Which being read, Resolved, To concur in passing the same 
into a law. 

Rec d from the House of Representatives a bill entitled " An act dis- 
chnrging the person of Noah Cushing from arrest and imprisonment for 
the term of two years :" Which being read, On motion, Resolved, That 
the following amendment be proposed to said bill viz. Add to the bill 
the words — "Provided nevertheless, That the said Noah Cushing shall 
take no benefit by this act until he shall have executed a good & suffi- 
cient bond with sureties to the acceptance of the Judges of Caledonia 
County Court for the benefit of the creditors of the said Noah Cushing, 
which bond shall be taken to the Treasurer of Caledonia County, con- 
ditioned that the said Noah shall not waste or any way dispose of his 
property to injure his creditors during the term aforesaid : Which bond 
shall be lodged in the County Clerk's office in the County of Caledonia, 
there kept for the benefit of said creditors :" and Mr. Loomis was ap- 
pointed to asign the reasons for said amendment to the House of repre- 



30 Governor and Council — November 1813. 

sentatives. Resolved, To concur with the House in passing the above 
bill into a law with the above proposed amendment. 

Rec d - from the House the following engrossed bills, sent up for con- 
currence, viz. " An act establishing a corporation by the name of the 
Bridport Turnpike Company; An act to incorporate the SafFord Wool- 
len, Cotton & Linen factory Company; An act granting the exclusive 
right of keeping a certain ferry therein named to Augustus Johnson," 
and "An act in addition to an act entitled an act establishing a corpora- 
tion by the name of the Windham Turnpike Company, which being sev- 
erally read, Resolved, To concur with the House of Representatives in 
passing the same into laws. 

Benjamin Swan Esquire appeared in Council Chamber, and His Ex- 
cellency the Governor duly administered to him the oaths of office as 
Treasurer of the State of Vermont. 

Adjourned to 2 o'clock P. M. 

2 o'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

Rec d> from the House of representatives an engrossed bill entitled 
"An act incorporating certain persons therein named by the name of the 
Brattleborongh Fire Society," sent up for concurrence : Which being 
read, Resolved, To concur in passing the same into a law. 

Rec d - from the House of representatives an engrossed bill entitled 
" An act repealing an act entitled an act directing the deed of Job & 
Theoda Wood to be given in evidence": which was read & Resolved, 
That the Council do not concur with the House in passing said bill into 
a law, by Yeas & Nays as follows, viz. for concurrence, His Honor Gov. 
Chamberlain, Messrs. Fletcher, Miller, Painter & Dana; Nays, Messrs. 
Wright, Keyes, Hunter, Seymour, Loomis, Harrington, Bliss. And 
[Messrs.] Harrington & Seymour were appointed to draw up & report 
reasons lor nonconcurrence. 

Rec d - from the House of representatives a resolution that both Houses 
meet in the representatives' room at 10 o'clock tomorrow morning, for 
the purpose of electing Visitors of the State's Prison: which being read, 
Resolved, To concur with the House in their said resolution. 1 

Rec d - from the House a resolution that, the Governor & Council con- 
curring therein, both Houses meet in the representatives' room, on Fri- 
day next at 2 o'clock P. M. for the purpose of electing five trustees of 
the University of Vermont, agreeably to the provisions of the third sec- 
tion of an act entitled " an act in addition to and amendment of an act 
for the purpose of founding a University at Burlington, passed November 
2d, 1810:" Which being read, Resolved, To concur with the House in 
said resolution. 2 

Petition of Elias Buell & others, praying to be discharged from a judg- 
ment rendered against them as security for John Fitch J un. convicted of 
cutting down a bridge, with an order to refer the same to the joint com- 
mittee of new trials, was rec d - from the House, read & it was Resolved, 
To concur with the House of representatives. 

Mr. Robinson, from the House of representatives, appeared in Coun- 
cil Chamber & informed the Governor & Council that the House had not 
concurred in the amendment proposed by the Council to the bill enti- 

1 Abner Forbes, Nahum Trask, and William Leverett were elected. 

2 Doct. John Pomeroy, Rev. Willard Preston, Hon. Truman Chitten- 
den, Hon. Heman Allen of Milton, and Hon. Samuel C. Crafts were 
elected trustees. 



Governor and Council — November 1813. 31 

tied " an act to repeal an act entitled an act to prevent intercourse with 
the enemies of this & the United States," assigned the reasons & with- 
drew. 

Adjourned to 9 o'clock A. M. Tomorrow. 



Friday November 5th, 1813. 9 o'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Rec d from the House of representatives a bill entitled " an act direct- 
ing the mode of adjusting and paying certain claims therein mentioned," 
with an order to refer [the same to] the joint Committee on the 10th 
section of the act for detaching the militia : which being read, Resolved, 
To concur in said reference. 

Rec d from the House an engrossed bill entitled " An act in addition 
to the several acts incorporating and regulating the Rutland & Stock- 
bridge Turnpike Company," sent up for concurrence ; which being 
read, Resolved, To concur in passing the same into a law. 

Hon. Jonathan H. Hubbard appeared in Council Chamber, & before 
His Excellency the Governor took the oaths of office as assistant Judge 
of the Supreme Court of the State of Vermont. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Rec d from the House of Representatives a resolution that, the Gov- 
ernor & Council concurring therein, the two Houses meet in the Repre- 
sentatives' room, in joint Committee, at 2 o'clock this afternoon, for the 
purpose of electing a Major General of the third division of the militia 
of this State ; which being read, Resolved, To concur with the House 
in their said resolution. 1 

Rec d from the House an engrossed bill entitled "an act repealing an 
act entitled an act appointing a committee to lay out a road leading 
from Tunbridge to Strafford in the County of Orange," which being 
read, Resolved, That the Council do not concur in passing the said biil 
into a law, and thereupon Resolved, That Mr. Wright be appointed to 
draw up and [report] reasons in writing to be assigned to the House 
for said nonconcurrence. 

Rec d from the House the following engrossed bills sent up for concur- 
rence &c. viz. "An act directing the Treasurer of this State to pay 
Hugh Laughlin the sum therein mentioned," and "An act annexing 
the Company of Artillery in Shrewsbury to the third regiment, second 
brigade and second division," which were severally read & it was Re- 
solved, To concur with the House in passing the same into laws. 

Mr. GriswoM, from the House of representatives, appeared in Council 
Chamber and informed the Governor & Couueil that the House of rep- 
resentatives had not concurred in the amendments proposed by the 
Council to the bill entitled "an act discharging the person of Noah 
Cushing from arrest & imprisonment for the term of two years," as- 
signed the reasons & withdrew. 

Adjourned to 9 o'clock A. M. tomorrow. 

Saturday 6 November 1813. 9 o'clock A. M. 
The Governor & Council [met] according to adjournment. 
Mr. Harrington, appointed for that purpose, reported the following as 
the reasons for nonconcuring in the bill entitled " An act repealing an 

1 Timothy F. Chipman was elected Maj. Gen., and Ezekiel Dunton 
Brig. Gen. vice Chipman promoted. James D. Butler was also elected 
auditor in the commissary department. 



32 Governor and Conneil — November 1813. 

act entitled an act directing the deed of Job & Theoda "Wood to be 
given in evidence passed Oct. 20, 1812," viz. — " To the General Assem- 
bly now in session, at Montpelier, Nov. 4, 1813. The Council having 
nonconcured in passing of the bill entitled 'an act repealing an act 
entitled an act directing the deed of Job & Theoda "Wood to be given 
in evidence, passed Oct. 20, 1812,' assign the following reasons, to wit : — 
First, because the evidence exhibited & the facts proved were in the 
opinion of the last legislature sufficient reasons for the passing of said 
act, and the same reasons still existing do, in the opinion of the Council, 
forbid the repeal of said law. secondly, because, from a review of the 
facts in this case, the Council are fully convinced, that the said act is 
strictly equitable, and the Council have not been able to discover wherein 
said law is unconstitutional. Thirdly, because, if the Council are incor- 
rect in their views of the constitutionality of this law, the question is 
still open for the decision of the courts of law." Which being read it 
was Resolved, To adopt the foregoing as reasons, to be sent to the 
House of representatives, for nonconcurring in said bill. 

Mr. Wright, appointed for that purpose, reported as the reasons for 
nonconcurring in the bill entitled " an act repealing an act entitled an 
act appointing a committee to lay out a road leading from Tuubridge to 
Strafford in the County of Orange," the following, viz. " The within bill 
nonconcurred for the following reasons — That it appears that the select- 
men of Tunbridge have heretofore laid out a road from Tunbridge to 
Strafford, which was set aside and a committee appointed by the County 
Court for the County of Orange laid out a road as aforesaid, and made 
return thereof according to law, and accepted, which was set aside by 
an act of the legislature, at their session in October A. D. 1812, and a com- 
mittee appointed by said legislature to lay out a road from Tunbridge to 
Strafford as aforesaid, which said last mentioned committee have laid a 
road from said Tunbridge to Strafford; and that the same men, who 
were dissatisfied with the several surveys of said road, have been heard 
times enough to have been satisfied; and that they ought no longer to 
be gratified at the expense of the public." Which being read, it was 
Resolved, To adopt the above, as the reasons for nonconcurring in said 
bill, & sent to the House. 

Rec d - from the House of representatives a resolution, that, the Gover- 
nor & Council concurring therein, a committee of two be appointed 
to join from Council to take into consideration the expediency of mak- 
ing it the duty of each landholder in this State to renew the bounds of 
his lands within certain limited times, & to report by bill or otherwise: 
which being read, it was Resolved, To join in said Committee, and Mr. 
Keyes was appointed on the part of the* Council. 

Rec d - from the House of representatives a bill entitled " an act direct- 
ing the Treasurer to pay Benjamin Frizzell Jun. the sum therein men- 
tioned," with an order to refer the same to the joint Committee of 
Claims: which was read & it was Resolved, To concur in said reference. 

Rec d - from the House the following engrossed bills sent up for con- 
currence, viz. "An act to continue in force an act granting a toll 
bridge to Ira Fox," "An act reviving and continuing in force an act 
therein mentioned," and "An act for the relief of John Gould," Which 
were severally read [and] it was Resolved, To concur with the House of 
representatives in passing the same into laws. 

Rec d - from the House of representatives a resolution that, the Gover- 
nor & Council concurring therein, the two Houses meet in joint Com- 
mittee in the representatives' room, at 2 o'clock this afternoon, for the 
purpose of electing a Brigadier General of the third brigade & third 
division, and a Brigadier General of the second brigade of the fourth 



Governor and Council — November 1813. 33 

division of the militia of this State: which being read, Resolved, To 
concur with the House in their resolution. 1 
Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Rec d - from the House of representatives the following engrossed bills, 
sent up for revision and concurrence or proposals of amendment, viz. 
"An act incorporating certain persons therein named by the name of the 
Dun more Manufacturing Company; An act in addition to an act estab- 
lishing a corporation by the name of the Stratton Turnpike Corpora- 
tion passed November 10, 1808; An act directing the Treasurer to credit 
the first Constable of Jamaica the sum therein mentioned; An act for 
the relief of Calvin Hall; An act laying a tax of two Cents per acre on 
the Town of Topsham; An act to alter the grand list of Bennington for 
the year 1809," and " an act appointing a committee to lay out and ex- 
amine the roads in Woodbury and tor other purposes therein men- 
tioned," which being severally read, it was Resolved, To concur with the 
House of representatives in passing the same into laws. 

Rec d - from the House of representatives a bill entitled "an act to ex- 
tend the time of payment of the Cent tax on the town of Bolton," with 
an order on the same to refer it to the joint Committee of claims : 
which was read & it was Resolved, To concur in said reference. 

Adjourned to 9 o'clock A. M. on Monday next. 



Monday November 8, 1813. 9 o'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of representatives the petition of Amasa Brown 
for an act of suspension, with the report of the Committee, & an order 
of the House that the same be recommitted: which being read, Resolved, 
To concur with the House of representatives in their order of recommit- 
ment. 

Petition of the President & Directors of the Vermont Glass Factory, 
praying for an extension of their exclusive right of making glass within 
the State, with an order of that body to refer the same to a committee 
of six to join from Council, was received, read & it was Resolved, To 
concur in said order of reference. 

Rec d - from the House of representatives a bill entitled "an act direct- 
ing the Treasurer to credit the Town of Bridgewater the sum therein 
mentioned," with an order of the House thereon to refer the same to 
the joint Committee of Claims : which was read & Resolved, To concur 
with the House in their order of reference. 

Rec d - from the House a bill entitled "an act giving farther time to the 
collector of 1ft. Tabor to collect the one Cent Land Tax," with an order 
of the House to refer the same to the joint Committee of Claims : which 
was read & it was Resolved, To concur in the said order of reference. 

Rec d from the House a bill entitled "an act supplementary to the sev- 
eral acts defining the powers of Justices of the peace within this State," 
with an order of that body to refer the same to the joint Committee on 

1 Jacob Davis and John French were elected. Gov. Chittenden had 
informed the House that Gen. Elias Fassett of the third brigade and third 
division had actually removed from the district of his command.— See 
printed Assembly Journal of 1813, p. 128. Gen. Fassett was in fact serv- 
ing as Col. of the 30th U. S. regiment of Infantry. 

3 



34 Governor and Council — November 1 813. 

the petition of Timothy Turner, which being read, Resolved, To concur 
in the said order of reference. 

Rec d - from the House an engrossed bill entitled "an act for the relief 
of Leonard Farewell," sent up for concurrence, which being read, Re- 
solved, To concur with the House of representatives in passing the same 
into a law. 

Rec d - from the House the bill entitled "an act discharging the person 
of Noah Cushing from arrest & imprisonment for the term of two years," 
with a resolution of that body to nonconcur in the amendment proposed 
by the Council, which was read, and on motion, Resolved. To rescind the 
resolution proposing amendment to said bill, and to concur with the 
House in passing the same into a law. 

Adjourned to 2 o'clock P. M. 

2 o'clock P. M.— Council met pursuant to adjournment. 

Ree d - from the House a bill entitled "an act directing the Treasurer to 
pay Levi Ellis the sum therein mentioned," with an order to refer the 
same to the Committee of military claims : which being read, Resolved, 
To concur with the House in their order of reference. 

Rec d from the House a bill entitled " an act incorporating certain 
persons therein named by the name of the Vermont Card Manufactur- 
ing Company," with an order of the House to refer the same to the 
joiut committee of manufactures : which was read & it was Resolved, 
To concur in the said order of reference. 

Petitions of Joseph Bevens — Samuel Benham — Alexander Palmer 

— David Lewis - Charles Sheffield — Ira Morgan — Adolphus P. Wood 

— Elijah Randall — Stephen McConnell — Ebenezer Burt — Samuel E. 
Godfrey — George G. Gile — Micah Ford — Benjamin Hinman — John 
Burroughs — Samuel Green — Abiathar Smith — Henry Fitch — John 
Frasure —Alexander McLaughlin — David McKelleps Jun. — John P. 
Hill and Samuel I. Mott, convicts in the State's Prison, and severally 
praying for pardons, were called up and On motion. Resolved, That the 
same be dismissed. 

Petition of John Sloan, a convict in the State's Prison praying for a 
pardon, was called up, and on the question, Shall the prayer of the peti- 
tion be granted, the yeas & nays were called for & taken as follows, viz. 
Yeas, His Honour Gov. Chamberlain, Messrs. Hunter, Seymour, Loomis, 
and Painter ; Nays, Messrs. "Wright, Keyes, Harrington, Bliss, Fletcher, 
Miller, Dana ; — So the prayer of the petition was not granted ; and On 
motion, Ordered that the petition of John Sloan be dismissed. 

The petition of Rufus Cushman, a convict in the State's Prison, pray- 
ing for a pardon, was called up ; and on the question, Shall the prayer 
of the petition be granted, the yeas & nays were taken as follows, viz. 
Yeas, Messrs. Wright, Seymour, Loomis, Harrington, Miller & Painter. 
Nays, His Honour Gov. Chamberlain, Messrs. Keyes, Hunter, Bliss, 
Fletcher & Dana, which being equal, His Excellency the Governor 
gave his casting vote in the affirmative : So the prayer of the petition 
was granted ; and His Excellency the Governor was requested to issue 
a pardon accordingly. 

Adjourned to 9 o'clock A. M. tomorrow. 



Tuesday November 9, 1813. 9 o'clock A. M. 

Governor & Council met according to adjournment. 

Rec d - from the House of representatives a bill entitled "an act to au- 
thorize the selectmen of Montpelier to appoint a collector for the pur- 
pose therein mentioned," sent up engrossed for concurrence, which 



Governor and Council — November 1813. 35 

being read, Resolved, To concur with the House in passing the same 
into a law. 

Rec d - from the House of representatives a bill entitled " an act estab- 
lishing a corporation by the name of the Middlebury Turnpike Com- 
pany," with an order to refer the same to the joint Turnpike Committee : 
Whereupon Resolved, To concur in said reference, without reading. 

Petition of James Austin, praying to be discharged from a bond given 
for his son for his appearance for trial on a charge of passing counterfeit 
bills, with an order of the House of representatives to refer the [same] 
to the joint Committee of claims, was received and read & it was Re- 
solved, To concur with the House in their reference. 

Rec d - from the House a bill entitled" an act annexing a part of Phila- 
delphia to Goshen," with an order to refer the same to a committee 
of four members to join from Council : which being read, Resolved, To 
concur in said reference, and Mr. Keyes was appointed on the part of 
Council. 

Rec d - from the House of representatives the following engrossed bills 
sent up for revision and concurrence or proposals of amendment, viz. 
"An act constituting a company of artillery in the Town of Barnard ; 
an act in addition to an act entitled an act granting a tax of three Cents 
per acre on the township of Lincoln ; an [act] to incorporate the Spring- 
field Aqueduct Society ; an act for the relief of John Fitch and Elias 
Buel ; an act extending the time allowed by law for completing the 
Poultney Turnpike Road ; an act laying a tax of three Cents per acre 
on the town of Peacham ; an act granting to George Babcock the ex- 
clusive right of keeping a certain ferry therein named ; an act for the 
relief of Steplien Smith Jun. and Jonathan Boyden Jun.; an act grant- 
ing a new trial to John Phelps; an act for the relief of Timothy Turner; 
an act to repeal an act therein mentioned ; an act in addition to an act 
entitled an act relating to Bastards and Bastardy, passed February 27, 
1797 ;" which were severally read, and Thereupon, Resolved, To concur 
with the House of representatives in passing the same into laws. 

Adjourned to 2 o'clock P. M. 

2 o'clock P. M. — Council met pursuant to adjournment. 

Rec d - from the House of representatives the following engrossed bills 
sent up for concurrence &c. viz. "An act for the relief of the Inhabitants 
of the town of Duncansboro ; an act incorporating the south part of the 
Town of Brookline in the County of Windham witlv the town of Athens, 
for the purposes therein mentioned ; an act in addition to an act entitled 
an act for the probate of wills, and the settlement of testate and intestate 
estates ;" which being severally read, Resolved, To concur in passing the 
same into laws. 

Rec d - from the House of representatives a resolution to reconsider the 
order of reference to the Committee of claims of the bill entitled "an act 
directing the Treasurer to [pay to] Benjamin Frizzell Jun. the sum 
therein mentioned," and an order to refer said bill to a select committee; 
which being read, Resolved, To concur with the House in their resolu- 
tion to reconsider said order of reference. 

Mr. Miller, on motion & leave, introduced a bill entitled "an act m 
addition to an act directing the appointment of an auditor or auditors in 
the Treasury department, and defining their several duties and directing 
the Treasurer in his duty &c." which being read it was Resolved, That 
the said bill pass to be sent to the House of Representatives for their 
concurrence. 

The bill entitled "an act repealing an act entitled an act appointing a 
committee to lay out a road leading from Tunbridge to Strafford in the 
County of Orange," to which the Council had sent down proposals of 



36 Governor and Council — November 1813. 

amendment, was returned from the House of representatives with a res- 
olution of that House to nonconcur in the amendments proposed by the 
Council & that said bill be repassed to be sent to the Governor & Coun- 
cil for their concurrence ; which being read, Resolved, That said [bill] 
be suspended until the next session of the Legislature. 1 

The bill entitled * An act to repeal an act entitled an act to prevent 
intercourse with the enemies of this and the United Slates," to which 
the Council had sent down a proposal of amendment, was returned from 
the House of representatives with a resolution to nonconcur in the 
amendment proposed by the Council & that the same be repassed to be 
sent to the Council for their concurrence &c. — And on the question 
Will the Council rescind their proposal of amendment, it was decided in 
the negative: Whereupon, Resolved, That the passing of said bill.be 
suspended until the next session of the legislature, by yeas and nays as 
follows^ — Yeas, His Honour Governor Chamberlain, Messrs. Keyes, 
Hunter, Seymour, Loomis, Harrington, Bliss. Nays, Messrs. Fletcher, 
Miller, Painter & Dana. 2 

Petition of Livy Lawton was rec d - from the House with an order to 
recommit the same; which was read and it was Resolved, To concur 
with the House in their recommitment of said petition. 

Adjourned to 9 o'clock A. M. tomorrow. 

1 This record is erroneous. The Council nonconcurred in passing the 
bill, and gave reasons, instead of proposing amendment; and Nov. 10, 
1813, the House decided that "the governor and council not having re- 
turned the same [bill] to this house, with proposals of amendment, 
within the time limited by the constitution, the same is become a law ;" 
and it appears in the printed Laws of 1813.— See ante, p. 32 ; printed 
Assembly Journal of 1813, p. 157 ; and printed Laws of 1813, p. 79. 

2 The yeas were of the war party, Lt. Gov. Chamberlain excepted; and 
the nays were all opponents of the war. The State non-intercourse act 
of 1812 was rigorous in its provisions, and rigorously executed in several 
instances. The Council of Censors of 1813, the members all being Fed- 
eralists, condemned the act as being unconstitutional: first, in violation 
of the constitution of the United States, which gives to Congress the power 
to regulate commerce with foreign nations, and captures by land and 
water; and second, in violation of the constitution of the State, particu- 
larly the provisions on the right of trial by jury, and against unreason- 
able searches. Therefore, on the 25th of Oct. 1813, the Council sent a 
rescript to the General Assembly recommending a " speedy and unqual- 
ified repeal of said act," and on the same day the Assembly passed a 
repealing bill by yeas 159 to nays 19. This vote shows that at least fifty 
of the war party voted for repeal.— See printed Assembly Journal of 
1813, pp. 50-53. The courts condemned the act, and military officers 
who had enforced it were subjected to costs and penalties, which the 
State refunded. 



Governor and Council — November 1813. 37 

Wednesday November 10, 1813. 9 o'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House a bill entitled " an act reviving an act laying a 
tax of three Cents per acre on the Town of Kellyvale " [Lowell,] with 
an order to refer the same to the second land tax committee; which was 
read & Resolved, To concur in said reference. 

The petition of Benjamin Robinson, a convict in the State's Prison, 
was called up and read, [and] on the question, Shall the prayer of the 
petition be granted? the yeas & nays were called for & taken, as follows: 
Yeas, His Honour Gov. Chamberlain, Messrs. Keyes, Hunter, Seymour, 
Loomis, Bliss, Miller, Painter & Dana. Nays, Messrs. Wright and Har- 
rington: So the pra;%er of the petition was granted, and His Excellency 
the Governor was requested to issue a pardon accordingly. 

Rec d - from the House of representatives the following engrossed bills 
sent up for concurrence, viz. "An act regulating barrel hoop-poles, 
staves & heading ; an act to incorporate the Vermont Medical Society," 
which being severally read, Resolved, To concur in passing the same 
into laws. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

The petition of Abraham Alger Jun. and others for relief from fines 
and amercements by military authority for not appearing at Burlington 
when called upon, with an order of the House to refer the same to a 
committee of four to join from Council : which was read, and on the 
question Will the Council concur in the reference ? it was decided in 
the negative by yeas and nays as follows : Yeas, His Honour Governor 
Chamberlain, Messrs. Fletcher, Miller & Painter ; Nays, Messrs. Wright, 
Keyes, Hunter, Seymour, Loomis, Harrington, Bliss & Dana : Where- 
upon, Ordered, That Mr. Harrington be appointed to draw up and report 
reasons in writing to be sent to the House for said nonconcurrence. 

The bill entitled "an act repealing an act directing the deed of Job & 
Theoda Wood to be given in evidence," was received from the House 
of representatives repassed by that body 6c sent up for concurrence of 
the Council : which was read & on the question Will the Council concur 
with the House of representatives in passing said bill into a law ? it was 
decided in the negative, and Mr. Wright was appointed to report an 
amendment. 

Adjourned to 9 o'clock to morrow morning. 



Thursday November 11, 1813. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Rec d - from the House the account of S. Baldwin, with an order to re- 
fer the same to the joint Committee of Claims: which was read & Re- 
solved, To concur with the House in their reference. 

Rec d - from the House of representatives a bill entitled " An act free- 
ing the body of Ebenezer Eaton from arrest and imprisonment for the 
term of five years," with an order from that House to refer the same to 
the joint Committee of Suspensions: which being read, it was Resolved, 
To concur with the House in said reference. 

Rec d - from the House of representatives a bill entitled " An act ap- 
pointing Commissioners to appropriate the County Grammar School 
lands in Franklin County, with an order on the same to refer it to a 
committee of two members to join from Council: which was read & Re- 
solved, To concur with the House in their said reference, & Mr. Bliss 
was appointed on the part of Council. 



38 



Governor and Council — November 1813. 



Rec d - from the House a bill entitled "an act to pay Edward Fifield the 
sum therein mentioned," with an order of reference to the joint Com- 
mittee of Claims; whereupon, Resolved, To concur with the House in 
their reference without reading. 

An engrossed bill entitled " an act freeing & releasing the body of Ja- 
bez G. Fitch from arrest or impri&onment for the term of five years," 
sent from the House of representatives for the concurrence of the Coun- 
cil, was read, and on motion, Resolved, To propose the following amend- 
ment to said bill, viz. In the third section between the words " Jabez G. 
Fitch " in the 4th line and the word " who " in the 5th line, insert the 
words " Except the assignees of Zalmon Booth, appointed under a com- 
mission of Bankruptcy," and to concur in passing the said bill into a law 
with the above amendment. 

The bill entitled '* an act in addition to an act entitled an act direct- 
ing the appointment of auditor or auditors of accounts in the Treasury 
department, and defining their several duties and directing the Treas- 
urer in his office and duty &c." which had passed in Council & sent to 
the House for their concurrence, was returned with an order of refer- 
ence to a committee of two members to join from Council : which being 
read. Resolved, To concur with the House in their reference, and Mr. 
Miller was appointed on the part of the Governor & Council. 

A Bill entitled " An act relating to the Treasury department " was 
rec d from the House of representatives with an order to refer the same 
to the last mentioned Committee : which was read & Resolved, To 
concur in the said reference. 

Mr. Keyes introduced a bill entitled " an act annexing a part of the 
Town of Stockbridge to the Town of Pittsfield," which being read, Re- 
solved, To refer the same to a committee of one member of Council to be 
joined by such Committee as the House may appoint, & Mr. Wright 
was accordingly appointed. 

The Committee appointed on the 21st of October on the memorial of 
Samuel C. Crafts, Pliny Smith and William Cahoon, against Samuel 
Fletcher, Gamaliel Painter & Daniel Dana, made the following Report : 

To the Honourable Council of the State of Vermont, now in session, — 
Your Committee, to whom was refered the memorial of Samuel C. Crafts, 
Pliny Smith and William Cahoon against Samuel Fletcher, Gamaliel 
Painter & Daniel Dana Esquires, with instructions to collect facts in 
relation to the votes for Councillors the present year, beg leave to re- 
port the following facts and evidence relative to the matters submitted 
to their enquiry. 

First, — The joint [committee] of both Houses appointed on the 14th 
of this instant October, to receive, sort and count the votes for Gov- 
ernor, Lieut. Governor, Treasurer and Councillors, received, sorted and 
counted votes for the following candidates in numbers as set against 
their several names, viz. 



William Hunter 


16826 


Frederick Bliss 


16823 


Elias Keyes 


16817 


Beriah Loomis 


16810 


W m - C. Harrington 


16809 


Mark Richards 


16812 


Horatio Seymour 


16805 


Josiah Wright 


16768 


Solomon Miller 


16761 


Samuel Fletcher 


16760 


Gamaliel Painter 


16755 


Daniel Dana 


16754 



Zera Willoby 
John W. Chandler 
Josiah Hubbard 
John Ellsworth 
Moses Robinson 
Pliny Smith 
William Cahoon 
Samuel C. Crafts 
Chauncey Langdon 
Jon a - H. Hubbard 
Charles Bulkley 
Joseph Woodworth 



16752 
16749 
16745 
16744 
16741 
16699 
16675 
16642 
16672 
16591 
16576 
15301 



Governor and Council — November 1813. 



39 



Secondly — That said Committee of Canvassers did not proceed to 
open the certificate of votes for Councillors given in by the freemen of 
the Town of Colchester and County of Chittenden, but rejected the 
same and not receive, sort or count them. 

That your committee have since, to wit, on the 25th day of October 
instant, applied to the Honorable Elias Keyes Esq r - chairman of said 
Committee of canvassers, in whose possession said certificate remained 
after it had been rejected, and who at the request of your committee 
opened the said certificate in their presence and made his certificate of 
his so doing on the same. 

Your Committee further report the following to be a correct copy of 
said certificate, viz. 

"At a freeman's meeting legally warned and holden at Colchester in 
the State of Vermont on the first Tuesday of September A. D. 1813, the 
votes for Councillors being duly taken, sorted and counted, the following 
persons had the number of votes annexed to their names respectively : 



Josiah Wright 


258 votes. 


Samuel Fletcher 


38 Votes 


Mark Richards 


258 


Do. 


Chauncey Langdon 


38 


Do. 


Pliny Smith 


258 


Do. 


Jonathan H. Hubbard 


38 


Do. 


William Hunter 


257 


Do. 


Gamaliel Painter 


38 


Do. 


Horatio Seymour 


258 


Do. 


Josiah Hubbard 


38 


Do. 


Beriah Loomis 


257 


Do. 


Solomon Miller 


38 


Do. 


W m - C. Harrington 


257 


Do. 


John W. Chandler 


38 


Do. 


William Cahoon 


257 


Do. 


Charles Bulkley 


' 38 


Do. 


Joseph Woodworth 258 


Do. 


Daniel Dana 


38 


Do. 


Frederick Bliss 


257 


Do. 


John Ellsworth 


38 


Do. 


Sam 1 - C. Crafts 


258 


Do. 


Martin Chittenden 


1 


Do. 


Elias Keyes 


258 


Do. 


Jonas Galusha 


1 


Do. 


Moses Robinson 


38 


Do. 


Josiah Loomis 


1 


Do. 



Amos Boakdman, first Constable. 
Heman Allen, Town Clerk." 

Your Committee further report, That it appears from the above cer- 
tificate, and from the proceedings of the Committee of canvassers, that 
the votes received, sorted & counted for Samuel C. Crafts as Councillor- 
am'- to 1GG42 

Colchester votes not counted am*- to 258 



amounting in the whole to 16900 

That the votes sorted & counted as above for Pliny Smith 



amount to 
Colchester votes not counted am 1 to 



10G09 
258 



amounting in the whole to 16957 

That the votes sorted & counted as above for William Cahoon 



am*- to 
Colchester votes not counted am*- to 

amounting in the whole to 



10G75 
257 

16932 



That the votes sorted & counted as aforesaid for Gamaliel Painter 

am*- to 16755 

Colchester votes not counted am*- to 38 



amounting in the whole to 



16793 



40 Governor and Council — November 1813. 

That the votes sorted & counted as aforesaid for Samuel Fletcher 

am*- to 16760 

Colchester votes not counted am*- to 38 



amounting in the whole to 16798 

That the votes sorted & counted as aforesaid for Daniel Dana 

amount to 16754 

Colchester votes not counted am*- to 38 



amounting in the whole to 16792 

From which it appears that the memorialists, Samuel C. Crafts, Pliny 
Smith & William Cahoon had a greater number of votes for councillors 
than Samuel Fletcher, Gamaliel Painter & Daniel Dana Esquires, and 
if said votes of the freemen of the town of Colchester had been re- 
ceived, opened, sorted & counted the said Crafts, Smith & Cahoon would 
have been returned by the Committee of canvassers as duly and legally 
elected, as councillors for the year ensuing. And the said Fletcher, 
Painter & Dana would not have been returned elected as aforesaid. 

Your Committee further report that they have examined into the 
grounds and evidence, which induced said committee of canvassers to 
neglect to open and to reject the votes of the freemen of the town of 
Colchester. It appears that they admitted and had read to them the 
following depositions, to wit, — 

" William Munson, of Colchester, testifies and says, that the election 
for State officers &c. on the first Tuesday of September last, was holden 
at his house ; that he was present during the whole time from the open- 
ing of the meeting until after the reception of the soldiers' votes ; that 
he paid attention to all the proceedings of the meeting and particularly 
to the admission of soldiers to the right of suffrage. Some time previous 
to the hour appointed for opening the meeting, a large body of soldiers 
belonging to the United States army, then stationed at Burlington, were 
marched from camp, and after passing a little north of my house were 
paraded in a double line. They continued in this situation during the 
whole time without being permitted to leave the ranks even to procure 
any refreshment. About 8 or 10 officers, among whom was a man called 
Major MeNeile, 1 and who seemed to have the principal command of the 
soldiers, accompanied them. The officers were very active in writing 
votes, which they gave to the noncommissioned officers, and ordered 
them to see that every soldier had his vote. Previous to voting the 
officers bought of me four gallons of rum, which I saw distributed and 
given to the soldiers. Particular exertions were made by the officers to 
prevent the citizens from having intercourse with the soldiers, and they 
were intimidated by their threats from making the attempt. Observing 
that democratic votes, exclusively, were distributed among the soldiers, 

^Gen. John McNeil, of Hillsborough, N. H., who entered the ser- 
vice as Captain in the 11th U. S. regiment March 12 1812, was appointed 
Major Aug. 15 1813, brevet Lt. Col. for the battle of Chippewa July 5 
1814, brevet Col. for the battle of Niagara July 25 1814— in which he was 
severely wounded— Lieut. Col. 1st U. 8 S Infantry Feb. 24 1818, brevet 
Brig. Gen. July 25 1824, Col. 1st Inf. April 28 1826. He was appointed 
Surveyor of the port of Boston in 1829, resigned his commission in the 
army April 23 1830, and died in Washington city Feb. 23 1850.— Drake's 
Die. of American Biography. 



Governor and Council — November 1813. 41 

and being led by some circumstances to believe that some of them would 
be glad to have votes for the federal ticket, I gave a parcel to some per- 
sons present, and desired them to go and give them to such of the sol- 
diers as wished for them. They soon returned and said they dare not 
offer them, for the soldiers told them there would be difficulty ; upon 
which I went out myself and urged them to go along, telling them the 
soldiers dare not hurt them, and that they had a right to receive votes, 
if they pleased. The officers all soon collected together, and Major Mc- 
Neile, after some other observations, said he hoped the citizens would 
not go near the soldiers, for that there might be some difficulty, and he 
should be sorry to have a quarrel between the soldiers and the citizens. I 
had not observed any misunderstanding on the part of the citizens, nor 
the least inclination to quarrel with the soldiers, and therefore suppose 
Major McNeile intended it as a threat to keep the citizens at a distance. 
There was no examination whatever by the selectmen, and civil author- 
ity of the town, whether the soldiers were resident in this State or not ; 
or whether they had previously been made freemen in any town in this 
State. The law was not read in their hearing, and no enquiry was made 
as to their names, their residence, or their moral character, and not the 
least tittle of evidence offered, except the assertion of Major McNeile, 
to use his own language, "that he would vouch for all his men." They 
were formed into three circles, and the common oaths administered to 
them in a body, as they stood in the rank, to each circle alternately, by 
the Hon. Heman Allen — but no list of their names & no record made of 
their being sworn. The soldiers were then told by McNeile, that they 
were freemen of this State, and when marched within less than 20 feet 
of a table which had been previously placed in front of my house for the 
convenience of their voting, that he dismissed them for the purpose of 
putting in their votes, and wished them to use all expedition. They ap- 
peared to be all furnished with votes, and there were none others at 
that time in sight. After their votes had been received, the soldiers 
were again marched away in military order. There were about one 
hundred & ninety votes received from the officers and soldiers. Mc- 
Neile did not vote, stating that he was not a freeman of the State. 
" Colchester Oct. 11, 1813. Wm. Munson. 

u Stephen Austin of Colchester testifies and says, that he came to the 
House of William Munson at an early hour of the day of election and 
was present during the day until after the result of the meeting was 
declared ; that he saw the soldiers paraded near Mr. Munson's in a 
double line, and knows that they continued in this situation until they 
were drawn up to be sworn. The officers were busy in writing demo- 
cratic votes exclusively, & I saw no other distributed among the sol- 
diers. I went out toward the soldiers with some votes for the federal 
ticket, and a young man, who was a nephew to me, who was a soldier in 
the ranks, and in whom I had confidence, told me it would be of no use, for 
that his captain told the company before they came from the camp, that 
if any soldier was known to vote for the federal ticket, he would be 
cobbed when he got back. Another soldier told me that his officers 
stated to them after they were paraded at Mr. Munson's, that he did 
not bring them to vote on the federal ticket, and that he expected all 
who came with him would vote as he did, and that if they did not they 
should be punished, when they got back. He further said his officer 
offered a vote to another soldier and he did not wish to put it in, and 
that his officer said if he did not he should be punished. 

The officers appeared to take great pains to keep the soldiers together 
and to prevent the citizens going near them. I heard Major McNeile 
observe, that he did not wish to have the citizens have any thing to do 



42 Governor and Council — November 1813. 

with his men : that he calculated to take care of his men, and did not 
thank any of the citizens to take any of his soldiers out and converse 
with them. I saw the soldiers formed into three circles, and was as 
near them as I could get when the oaths were administered. There was 
no examination of the soldiers and am sure there was no evidence 
offered to prove their citizenship, or their moral characters, and no 
record made of their being sworn, and no list taken of their names, and 
they were all sworn en masse. I know that the law was not read to the 
soldiers. Some one of the officers told the soldiers, after they were 
sworn and while they were near the table, that they were dismissed 
from the care of any officer, and to vote the same as other citizens. 

"Stephen Austin. 

"William Austin of Colchester testifies and says, that he came to the 
house of Mr. Munson in Colchester on the first Tuesday of September 
last before the votes were received from the soldiers. He saw the sol- 
diers paraded and knows they were kept embodied without being per- 
mitted to have any intercourse with the citizens. He was present 
when they were sworn & knows that no examination was made by the 
selectmen & civil authority of the town, whether the soldiers were free- 
men of the State or not, or how long they had resided in it, and that no 
evidence was adduced on that subject. I saw the soldiers when they 
were brought round to vote, and when near the table they were dis- 
missed, and told that they were at liberty to vote the same as other 
citizens. I heard one of the soldiers say that his officer told his men, 
that if any of them voted for the federal ticket, they should be punished 
when they got back to camp. I also heard another soldier say that his 
officer told them before they left the camp to the same effect. 

" William Austin. 

"Ebenezer Lyon of Colchester testifies and says, that he came to the 
house of William Munson in said town on the first Tuesday of Septem- 
ber last, previously to any votes being received. When I arrived I saw 
a large number of soldiers paraded in a double line near Mr. Munson's 
house, where they were continued until their votes were received. I 
was present during the whole meeting and saw Judge Allen when he 
went out with the statute to administer the oaths to them ; but did 
not hear any examination of them whether they were citizens of the 
State, or not, or how long they had resided in this State, or whether they 
were of moral character, or not, nor did I hear any evidence whatever 
offered on the subject. When near the table, I should say within ten 
feet, they were dismissed by the Major, and told they might give in 
their votes, which they did, and went away. Ebenezer Lyon. 

" Colchester Oct r - 11, 1813. 

"I Oliver Newell of Colchester testify and say I was present at the 
freemens' meeting in said Colchester on the first Tuesday of September 
last, and saw the soldiers paraded in front or near the house where the 
meeting was held. The officers prepared votes for the soldiers, and 
directed an under officer (as 1 supposed him to be) to see that every 
soldier had his vote and to see that they put them in. I saw the votes, 
and all which I saw were for Jonas Galusha, Paul Brigham and for the 
democratic candidates for council, and I do not believe any other were 
distributed among the soldiers by the officers. The soldiers were 
marched up in three squads, or parties, and sworn by Esq. Allen. I 
stood within about 15 or 20 feet of Esq. Allen, when he swore them. I 
heard no examination by Esq. Allen, or any other person, as to their 
residence, or other qualifications, nor do I believe there was any except 
that McNeile, the commanding officer, told the soldiers, if any of them 



Governor and Council — November 1813. 43 

were not old enough to vote to step out. They stood near the boxes, 
when they were sworn, and after they were sworn the commanding 
officer said to them, you are now dismissed, and can vote as other cit- 
izens, or to that import. They went directly to the boxes, and, I believe, 
they all voted and put in the tickets which had been' distributed among 
them. I am confident the law was not read to the soldiers, or in their 
hearing, for the meeting was opened in the chamber and the law read 
there, and the soldiers were paraded in the streets at the same time, and 
the votes of the soldiers were taken out of doors in front of the house 
and no law read to them, as I heard or believe, and further this depo- 
nent saith not. Oliver Newell. 

" Oct. 11, 1813. 

" James L. Sawyer of Burlington deposes and says, that a few days 
since he heard Lieut. Benja. Smead of the 11th Kegt. of U. S. Infantry in 
conversation observe, that feeling himself injured by the refusal of his 
vote by the civil authority of Burlington at the September election 1812, 
he felt determined to avail himself of the advantages, which the law 
passed the last session of the legislature permitting the soldiers to vote, 
gave him as an officer in the army. He said that he commanded a com- 
pany in which there were about thirty federalists, and that at the last 
election he took particular care that those thirty should be occupied in 
camp while the remainder of his company furnished with votes for the 
democratic ticket were permitted to leave camp and vote in Colchester. 
This deponent is not positive that Lieut. Smead observed that there 
were thirty federalists in his company detained in camp, but he thinks 
this number was mentioned by him. He was positive in saying that 
none of the federalists in his company were allowed by him to leave 
the camp : and further the deponent saith not. James L. Sawyer. 

" Burlington 11 Oct. 1813. 

" All the foregoing depositions sworn to before Francis Childs, Just. 
Peace. 

"George Deming of Burlington in the County of Chittenden testifies 
and says that he was present in company with Major McNeile on the 
evening after the election in September last. That many complaints 
were made by those present of the conduct of the officers with respect 
to the election in threatening the soldiers and changing their votes. 
That I heard Major McNeile say in reply that he had not conducted so 
bad as that, but I can tell you, said he, what I did do, and went on to 
say that on the morning of the election, after being informed that he 
might have liberty to conduct a party of troops to Colchester, he ad- 
dressed the troops when on parade and stated to them that this was the 
day of freemen's meeting, and that they might have liberty to go to the 
polls and put in their votes — but that he wished none to go but such as 
would vote as he did ; that after marching the party to Colchester, one 
of his men came to him and told him he had always voted with the 
democrats, but that he felt it his duty to act on different principles and 
should vote for the federal ticket ; that he, McNeile, told him he was 
a damned rascal, that he had told them that he wished none to come 
with them but such as would vote as he did ; that he would mark him, 
and remember him for it. Burlington, Oct r - 11, 1813. 

"Geo: Deming. 

"I was present when the above conversation took place and it is ac- 
cording as 1 understand it. Moses Catlin." 
" October 11th, 1813. Sworn before John Johnson Just ce Peace." 
Your Committee further state that the foregoing depositions appear 
to have been taken to impeach the doings at the freemen's meeting in 



44 Governor and Council — November 1813. 

Colchester and that, from the certificates of the magistrates, who swore 
the deponents, it does not appear that either the presiding officer, or 
civil authority, or any of the freemen of the town of Colchester were 
cited to appear, or were present at the caption of the depositions. Your 
committee would farther remark that the Honourable Heraan Allen, 
Town Clerk of said town of Colchester, testified before said canvassing 
committee and stated the same in substance as is stated in his deposi- 
tion, which your committee have given at length in the subsequent part 
of this report. 

Your committee further report that in obedience to the order of the 
Council to collect all the facts in relation to this subject, they have con- 
sidered' it their duty to collect other evidence, that was not before the 
committee of canvassers; and have taken the following depositions, of 
persons composing the civ^il authority of Colchester, the Town Clerk, 
the magistrate who took most of the foregoing depositions, and who 
acted as one of the civil authority of said town, and the depositions of 
the soldiers who voted at said freemen's meeting. 

"Heman Allen of Colchester in the County of Chittenden and State of 
Vermont, testifies and says, that on the first Tuesday of September last 
he attended freemen's meeting in said Colchester at the dwelling house 
of William Munson Esquire in said town, that the presiding officer of 
said meeting opened the same at the usual time, and as town Clerk of 
said town, this deponent then read publicly all the statutes required by 
law to be read on such occasions: That previous to the opening of the 
meeting a number of officers and soldiers came to the place of our meet- 
ing with a view, as I understood, of voting for State officers : That soon 
after the reading of the laws was finished, Captain Wright, belonging to 
this State, applied to the selectmen and civil authority for permission for 
the officers and soldiers belonging to this State and freemen thereof, and 
who were then present, to be admitted to vote for State officers. After 
some consultation by the selectmen and civil authority of said t'jwn, and 
at the solicitation of the said William Munson, it was agreed to place a 
table near the door of said Munson's house, and that as the officers and 
soldiers were some distance from camp, their votes should be taken prior 
to those of the citizens of said town : That the officers then pledged 
themselves that they knew of no soldiers then present who were not 
freemen of this State, or by their residence therein not entitled to 
take the freemen's oath; but, to render it more certain, the selectmen 
and civil authority requested this deponent to administer to the said sol- 
diers the oath of allegiance to this State, the freemen's oath, and the 
oath to support the constitution of the United States : That the soldiers 
were then drawn up in a circle near the said selectmen and civil author- 
ity, in three divisions, that this deponent then went into the circle at 
three different times, accompanied by one or more of the said selectmen 
and civil authority; — in every case the question was distinctly asked — 
Are there any of you who are not freemen of this State, or by your res- 
idence in said State not entitled to the freemen's oath ? and if so you 
will step out of the ranks ; that a number of the said soldiers did step 
out of the ranks, and that those who remained then took the aforesaid 
oaths ; that in each case after administering the oaths aforesaid, the 
said soldiers were dismissed by their officers and informed that they 
were then at liberty to exercise the rights of freemen ; that the soldiers 
then came to the poll as they pleased and delivered their votes for State 
officers to the presiding officer of said meeting ; during which time I 
saw no coercion or interference on the part of the officers. — After which 
was completed, the officers presented themselves to vote, and at the sug- 
gestion of Francis Child Esquire, a justice of the peace in said town, the 



Governor and Council — November 1813. 45 

votes of the officers belonging to this State were taken without their 
being sworn, on the assurance that they had before that time been sworn 
as freemen of this State : That the ballots for councillors given by said 
officers and soldiers were kept and counted separate from the citizens' 
votes, though they were all certified together afterwards, by which it 
appeared that there was about one hundred & ninety-five ballots for 
councillors given in b} T the officers and soldiers, four or five of which 
were for the federal ticket, so called, headed by Moses Robinson, and the 
residue of said ballots were for the republican ticket, so called, headed 
by Josiah Wright. The said selectmen and civil authority were unani- 
mous in the opinion that this was the safest mode they could pursue ; 
and this deponent believes that at the time the procedure gave general 
satisfaction. It is true no roll was kept of the names of the officers and 
soldiers who voted, neither was the law read to them in the main body, 
though some of the officers and soldiers were present in the house dur- 
ing the reading of said laws. This deponent knew of no law which re- 
quired the town clerk of any town in this State to keep a roll of the 
names of voters for State officers : That he considered those men as 
freemen of the State, formerly admitted in the several towns to which 
they belonged, and not as freemen of the town of Colchester then newly 
admitted: That the innkeeper of said house, Mr. Munson, was opposed 
to the soldiers coming into the house at all, which was perhaps one rea- 
son why all the soldiers were not present at the reading of the laws, and 
why spirits were given them by their officers, they having marched about 
eight miles from the place of their encampment to the place of voting as 
aforesaid : That some of the officers informed this deponent that a part 
of the officers and soldiers had gone to Burlington to vote and they were 
apprehensive that the whole of the votes could not be taken there, was 
the reason of their coming to Colchester. And this deponent further 
says, that when the soldiers delivered their votes to the presiding officer, 
many of them had certificates of their having been freemen before, and 
this deponent had no doubt at the time but that the whole of the officers 
& soldiers, who voted as aforesaid, were either freemen of this State, or 
entitled to take the freeman's oath : And further says not. 

" Heman Allen." 1 
"Sworn before George Rich, Just. Peace. 

"We Ebenezer M. Farrington, Justice of the peace in & for the County 
of Chittenden, and Nathan Bryan, one of the selectmen of Colchester 
and both inhabitants of Colchester in the County of Chittenden, do tes- 
tify and say that we attended freemen's meeting in said town of Col- 
chester on the first tuesday of September 1813, and that we acted as 
civil authority by virtue of our respective offices on said day : That Ma- 
jor McNeile with a number of officers and soldiers came to the place 
where the meeting was held, and some of them came into the room and 
informed us that they had come for the purpose of voting in said meet- 
ing ; as soon after this as it was convenient we set a table out in front 
of the house, at which the civil authority of the town attended for the 
purpose of taking said votes ; it was then concluded by the civil author- 
ity to examine the soldiers so far as to be convinced that they were in- 
habitants of the State of Vermont, and either freemen or eligible to be 
made such. We then requested Major McNeile to parade his men and 
have them in a situation to be examined, which he did, a part of them 



1 There are many errors in the record of the foregoing depositions in the 
Council journal, the most of which have been corrected from the record 
in the Assembly journal. 



46 Governor and Council — November 1813. 

by forming them in a circle. We then went into the circle accompanied 
by Judge Allen, and made a particular inquiry of the officers and sol- 
diers, whether they were freemen of this State, or eligible to become 
such by taking the necessary oaths, whether any of them were under 
age, or had not been a sufficient time in the State. After those who 
could not give sufficient assurances, had left the ranks, the freeman's 
oath, the oath of allegiance to this State, and to support the constitution 
of the United States were duly administered by Judge Allen, the town 
clerk. Major McNeile then informed the soldiers, who were sworn as 
above, that they were dismissed and at liberty to make use of their priv- 
ilege as freemen by voting for whom they pleased. The persons sworn 
then proceeded to give in their votes, and a second circle of the sol- 
diers were proceeded with in the same way, and after that a third. The 
votes of the said soldiers for councillors were taken in a separate box 
from those of the Inhabitants of Colchester, and on examination we 
found that five of the soldiers had voted for the federal ticket, so called, 
and the remainder for the republican ticket. During the proceedings 
of the day we saw no unfair conduct, nor any compulsion whatever made 
use of by the officers towards the soldiers. The officers and soldiers 
were all entirely without arms. E. M. Farrington, 

Nathan Bryan. 
"Sworn before John Johnson Just, of Peace. 

"I Eli Baker Jun., one of the selectmen of the town of Colchester, 
attended freemen's meeting on the first Tuesday of September A. D. 
1813 in said Colchester, and acted as one of the civil authority of said 
Town. 1 did not go into the circle to examine the soldiers, as stated in 
the foregoing affidavit, but am knowing to all the principal facts therein 
stated, and so far as I am knowing to them I consider the same to be 
true. Eli Baker Jun. 

"Sworn to before John Johnson Just, of Peace. 

"I William Hine, one of the selectmen of Colchester, attended free- 
men's meeting in said Town on the first tuesday of September 1813 : 
When I got there the soldiers had nearly finished voting. I attended 
while the inhabitants had finished voting and did not see nor hear any- 
thing but that the whole of the business was fairly conducted. The 
foregoing statements, so far as they came to my knowledge, are correct. 

" W M - Hine. 

"Sworn before John Johnson Just. Peace. 

"I Francis Childs of Colchester in the County of Chittenden and State 
of Vermont, and one of the Justices of the peace for said County, do 
testify and say that on the seventh day of September last, I attended at 
the freemen's meeting in said Colchester at the house of William Mun- 
son, in said town; that I came to the meeting, as I now suppose, at some 
time before two o'clock, that I found two of the selectmen, one of the 
Justices of the peace for the town & County, the town clerk and first 
constable of said town sitting at a table out of doors at the east front of 
Mr. Munson's house, apparently about to proceed to take in votes: that 
I also took a seat at said table, as a Justice of the peace; that I was in- 
formed by the authority there present, that they were about to receive 
the votes of the soldiers, and that they were about to swear them. I 
saw several parties of soldiers brought forward to be sworn, and saw his 
Honor Judge Allen, who is town clerk of said Colchester, proceeded to 
administer, and as I believe did administer the oaths required by law for 
freemen to said soldiers. I did not go into the ring, nor hear any ob- 
servations made there : That the several parties of soldiers as sworn 
handed in their votes to the constable, who received the same and placed 



Governor and Council — November 1813. 47 

them in a box prepared for that purpose. After the soldiers had voted, 
several of the officers came forward to be sworn and to vote ; that on 
my suggestion they were admitted to vote without being sworn, they as- 
suring that they had a legal right to vote : That as soon as the officers 
and soldiers had voted out of doors, the election by the citizens of the 
town commenced, and was conducted in the house : That during the 
lime I attended at the said election, I did not see nor hear of any abu- 
sive, indecent, or insulting conduct by any one. Francis Childs. 

"Sworn before John Johnson, Just. Peace. 

"We the subscribers, inhabitants of the Town of Colchester in the 
State of Vermont, and duly qualified and sworn as freemen of said State, 
do testify and say that we attended freemen's meeting in said Colchester 
on the first tuesday of September 1813, and voted for the following per- 
sons as Stale officers for the year ensuing, to wit — Jonas Galusha, for 
Governor. Paul Brigham, for Lieut. Governor. Josiah Wright, Mark 
Richards, Pliny Smith, Elias Keyes, William Hunter, Horatio Seymour, 
Beriah Loomis, Wm. C. Harrington, William Cahoon, Joseph Wood- 
worth, Frederick Bliss & Samuel C. Crafts, for Councillors. — Which 
votes we severally delivered to the presiding officer of said meeting in 
open meeting or put the same into the several boxes in his presence and 
under his inspection. 

"Ira H. Allen, E. M. Farrington, Joseph Fleming, Jabez Penniman, 
Chauncey Hulburd, John Dunawan, Casel Sibby, Ebenezer Siverance^ 
Nickerson Siverance, William Hurlburd, Ebenezer Wolcott, Samuel 
Whitnoy, Cato Pollison, Elijah Wolcott, Abner Mack, Elijah Wolcott 
Jun. Nathan Bryan, Evans Chance, John Allan. , 

"The above sworn before John Johnson, Just. Peace. 

"Andrew Ellis, Benj a - D. Hiuman, Hez. Hine (except Lt. Govr,) James 
Nichols, David Farrand, Isaac Thompson, Timothy Farrand, Andrew 
Davis, John Hyde, Daniel Richardson, Caleb Brown, Jesse Brown, La- 
ban Harris, Joseph Place, Wyman Hill, George Bates, Amos Mansfield, 
Thomas Greenough, Edward Farrington, David Bean, Henry B. Fisher, 
Eli Baker Jun. Benj. Boardman, Jacob Rolfe, Amos Boardman, Elias 
Porter, Jeremiah Brownell, John Place, Walter Ames, Asaph Butler, 
Moses Bates, David Giffen, William Hyde Jun. Ebenezer Johnson. 

"Sworn before E. M. Farrington, Just. Peace. 

"We whose names are hereunto subscribed, to wit, Martius L. Selden 
of Bennington, Daniel Griswold of Johnson, and James Johnson of 
Middlebury, testify and say, that we were at Colchester in the State of 
Vermont on the first tuesday of September 1813, and that at the time 
the soldiers there voted they were dismissed by their officers and were 
told by the officers to go and vote for whom they would, and we testify 
there was no compulsion or force used to prevail on them to vote other- 
wise than they chose. James Johnson, Lt 30th Regt. U. S. Infantry. 
Martius L. Selden, Lt. SOth Infantry. 
Daniel Griswold, Ensign. 

"Sworn before Gates Hoit, Clerk of Franklin County State of New York. 

"The undersigned, Abel Steel of Putney, John Stanley, Chelsea; Caleb 
Briggs, Danby; Ezra Porter, Stockbridge ; David Moody, Stowe ; John 
Tibbetts, Waterbury ; Jon a - Hunter, Shoreham ; Dennis McBride, Ben- 
nington ; Jacob Wheeler, Brandon ; Ansel Birge, Underhill ; Andrew 
Arnold, Randolph; Stephen Sharp, Williston; Leonard Cooly, Vershire; 
William Downing, Middletown; Alfred Ammidon, Randolph; Solomon 
Kingsley, Poultney ; Samuel P. Downing, Chelsea ; Wells C. Flanders, 
Chelsea ; Darius Stevens, Bennington ; Samuel Jones, Vershire ; Asa 
Ames, Tunbridge; Chester Williams, Sunderland; Lyman Buck, Roch- 



48 Governor and Council — November 1813. 

ester; Freeworthy Hacket, Strafford; Elnathan Ellis, Colchester; Row- 
land Kellogg, Middlebury ; David Curtis, Swanton ; David Patch, Col- 
chester; John Thompson, Rutland ; Smith Hoden, Alburgh ; Eben r - 
Rogers, Hartland : John Lovell, Pomfret ; Thomas Law, Manchester ; 
Joseph Maynard, Milton ; Samuel Smith, Hartland ; Ebenezer Green, 
Whiting ; Harding H. King, Shoreham ; William C. Wait, Bridport ; 
Josiah Richardson, Dorset ; Moses Glazier, Weathersfield ; Jedidiah 
Purdy, Pownal; Joseph Angel, Pownal; Erederick C. Gilbert, Pownal; 
Roswell Green, Pownal ; David Jepson, Pownal ; John Magoon, Pow- 
nal; Abel Lewis, Pownal ; Benj n - Grover, Pownal ; James Lloyd, Pow- 
nal ; Daniel Spencer, Pownal ; Asa Swan, Jun. Pownal ; Abel Pratt, 
Pownal; Solomon Bates, Pownal; Seth Keyes, Pownal; W m - Cummings, 
Pownal; John Turner, Pownal; Gideon Towsley, Dorset; David Enos, 
Ferrisburgh ; Oliver Smith, Clarendon ; Thomas Halloway, Alburgh ; 
Amos Fuller, Clarendon ; Peter Jourdan, Vergennes ; Joseph Beers, 
Starksboro ; Isaac Wells, Salisbury ; Oliver Farewell, Fairfax ; Walter 
Harris, Sunderland ; John Keyser, Jr. Bennington ; Joseph Maynard, 
Bennington; Joseph Day, Bennington; Gideon Brownson, Sunderland; 
Martius L. Selden, Bennington; Seth W. Stewart, Bennington; Henry 
Jones, Shoreham; Stephen Bernard, Townsend; Isaac Baker, Swanton; 
Samuel Gibson, Enosburgh; Isaac Clark, Dorset; John Lamfere, West- 
ford; Samuel Rich, Shoreham; Elisha Bennett, Shoreham; Roswell Pet- 
tibone, Manchester; Elijah Burton, Jun. Manchester; Lovell Hill, Dor- 
set; Daniel Southerland, Dorset; Joseph Jacobs, Dorset; John W. Rob- 
inson, Dorset; Ebenezer Lyman, Brandon; Ebenezer Smith, Pittsford; 
Abner Needham, Pittsford ; John Barnes, Jun. Pittsford ; Asa Acher, 
Landgrove ; Asa Farnum, Landgrove ; Sebrian Taylor, Andover; Eli 
Moseley, Philadelphia ; Joseph Fields, Sandgate ; Nathaniel Sanford, 
Jun. Sandgate; Samuel Pettengill, Andover; Parley Towle, Winhall; 
Nicholas Westcourt, Clarendon ; Almiran Smith, Shoreham ; John W. 
Drury, Castleton; David Shepard, Castleton; Theodore King, Jun. Cas- 
tleton ; William Patterson, Castleton ; Bradley Bliss, Castleton ; Pliny 
H. Snow, Castleton ; John Brown, Poultney ; Caleb Dickerman, Poult- 
ney; Charles Abrahams, Poultney; Luther Marshall, Poultney; Phile- 
tus Brookins, Poultney ; Russell Pitkin, Poultney ; Amasa Thatcher, 
Poultney ; Anthony Philips, Poultney ; Humphrey Goreham, Ira ; Da- 
vid L. Whitehead, Middletown; Isaiah Smith, Middletown; Daniel Gris- 
wold, Johnson; Daniel Perkins, Johnson; Elisha Smith, Pawlet; Will- 
iam Jones, Pawlet; Paul Cook, Orwell; Thomas Parker, Irasburgh; Al- 
exander H. Avery, St. Albans ; John Strong, Sheldon ; Samuel Austin, 
Colchester; James Sanderson, Colchester; Stephen Mansfield v Colches- 
ter; Paul Keyser, Colchester; William Hyde, Colchester; Thomas Hill, 
Colchester; George Downing, Colchester; Seth Cary, Colchester; Sim- 
eon Wright, Cornwall ; Joel Harrington, Cornwall ; James Goodyear, 
Cornwall; James Johnson, Middlebury; Leni 1 - Leddington, Middlebury; 
Chauncey R. Johnson, Burlington ; Salmon Johnson, Colchester ; Ze- 
bina Orcutt, Chittenden ; James Jackson, Pittsford ; David Jackson, 
Pittsford; Benjamin G. Goodrich, Pittsford; Elisha Cox, Pittsford; Car- 
man McGregor, Pittsford ; Lemuel Dean, Stockbridge ; James Brown, 
Peacham; Reuben Stevens, Rutland; Anthony Taylor, Rutland; David 
Durkee, Rutland ; John Sylvester, Pittsford ; Daniel Carpenter, Hyde- 
park ; Jeremiah York, Randolph ; l Abel Hubbard, Randolph ; Moses 

1 Joseph York of Ogdensburgh, formerly of Claremont, N. H. and 
Randolph, Vt., distinguished himself in the war. — See Lossing's Field 
Book of the War o/1812, p. 5S0, for biographical notice and portrait. 



Governor and Council — November 1813. 49 

Whipple, Randolph ; Ichabod C. Watson, Vershire ; Thomas Glines, 
Corinth ; Nathaniel B. Taplin, Corinth ; John Fellows, Corinth ; Jona- 
than Avery, Strafford; Joel Lyon, Strafford; Willard Bobbins, Hancock; 
John B. Parker, Hancock ; Jesse Farewell, Hancock ; Lena 1 - Williams, 
Chelsea ; Nahum H. Whitney, Chelsea ; Harry Hatch, Chelsea ; Rufus 
West, Braintree; Sampson Thurston, Orange ; Horace Campbell, Roch- 
ester; James Emery, Tunbridge; Jonathan Roberts, Strafford, all being 
of the State of Vermont, doth each for himself testify that he gave his 
vote for Councillors of the State of Vermont in the town of Colchester 
in said State, under direction of the authority of said town of Colchester, 
on the first tuesday of September 1813, & that previous to his giving his 
vote as aforesaid, he was a freeman of said State, and had been duly 
sworn as such freeman; and that each for himself voted freely, and with- 
out any compulsion from any person whatsoever. And further saith not. 
"The above affidavits subscribed by the above deponents, and sworn to 
Franklin County, State of New York, October 20th, 1813, before 

" Gates Hoit, Cleric of said County." 

Your Committee find that the votes returned in the certificate of votes 
for Councillors from the town of Washington in the County of Orange 
was varied by the canvassing Committee, as follows, to wit : The num- 
ber certified for the republican ticket was reduced twelve, and eight 
added to the number certified for the federal ticket. The facts in rela- 
tion to these votes are principally detailed in the subjoined affidavit of 
Daniel Peasley Esq. 

"Daniel Peasley of Washington in Orange County testifies and says, 
That he was present at the freeman's meeting in Washington in Septem- 
ber last, and that toward the close of the meeting it was proposed that 
a list of the names of the twelve men should be made to be voted for as 
councillors ; that the names of the republican candidates for councillors 
were accordingly written on a piece of paper, and placed on the table 
before the authority of the town. In presence of the authority 10 or 12 
freemen signed the list. After they had signed, the constable took the 
ticket & called each man by name, and asked him if the list of names, 
which he had subscribed, were the names of the persons whom he wished 
to have for councillors. Each answered separately in the affirmative. 
The ticket was then put into the boxes. On counting the councillors' 
votes, it appeared there were 29 for the federal ticket and 69 for the re- 
publican ticket. The said Peasley also says he was present before the 
canvassing committee, when the Washington vot§s were presented. 
Objections were made to the counting of these votes and evidence was 
offered to shew that the certificate of the constable was incorrect. It 
was stated that he had returned by his certificate 29 federal councillor 
votes, and 69 republican councillor votes, and it being proved that 12 of 
the freemen had voted by subscribing a ticket as is above mentioned, for 
this reason therefore 12 votes were deducted from the republican ticket. 
Depositions were then produced in which it was attempted to be shewn 
that 37 persons voted for the federal ticket ; several of the deponents 
stated that they had received votes of certain other persons, which they 
put into the box. These certain other persons' depositions were also 
produced to prove that the votes aforesaid given by them to the afore- 
said deponents, were federal, or peace tickets, the same as published in 
the Washingtonian paper. This testimony by a majority of said com- 
mittee was deemed sufficient to justify the addition of eight to the fed- 
eral ticket. The constable, who presided in the freeman's meeting in 
Washington, (always considered himself a federalist and is reputed an 
honest, upright man,) was present before the canvassing committee, and 



50 Governor and Council — November 1814. 

swore that he saw or knew of no unfairness in counting the votes, or in 
any other proceeding in said freeman's meeting. The town clerk and 
one of the selectmen of the town were present before the canvassing 
committee, and confirmed by their testimony the statement of the con- 
stable relative to the proceedings in said freemen's meeting. 

" Nov'- 4, 1813. Daniel Peasle y. 

" Sworn before Josiah Wright, Councillor." 

Your Committee farther report That there were several other towns, 
whose votes were rejected by the canvassing committee, in whole or in 
part; but your committee having ascertained that their being rejected 
or counted would not vary the result, your committee have not thought 
it necessary to give the details in this report ; but would state, that 
whether the other votes, that were rejected by the canvassing commit- 
tee, had been counted or rejected, the result would still have been, that 
if the votes of the soldiers, who voted at Colchester and who in their 
depositions swear that they were freemen of this State & voted without 
any compulsion, and the votes of freemen, inhabitants of Colchester, 
had been received, sorted & counted, the said Samuel C. Crafts, Pliny 
Smith and William Cahoon would have been elected councillors for the 
year ensuing in the room of the said Samuel Fletcher, Gamaliel Painter, 
and Daniel Dana. 

From an attentive review of the facts above stated, your committee are 
clearly of opinion that the votes returned from Colchester ought to have 
been counted by the canvassing Committee, and that provision by law 
securing the due effects of the rights of suffrage ought to be made. Your 
Committee therefore beg leave to recommend the adoption of the follow- 
ing resolution, viz. Resolved, that a committee of three be raised to join 
such committee as may be appointed from the house of representatives to 
take into consideration the foregoing statement of facts, and to devise 
suitable rules, by which future canvassing committees shall be governed 
in receiving, sorting aud counting votes for Governor, Lieut. Governor 
and Councillors, to report by bill or otherwise ; & that this resolve be 
sent to the house of representatives for their concurrence, together with 
this report. 

All which is submitted. Josiah Wright, "] 

Hokatio Seymour, [ n«««^#«- 
Wm. C. Harrington, f Committee. 
Wm. Hunter. J 

Which report was read, and on motion to recommit the same, it was 
decided in the negative : — Whereupon Resolved, To accept the said 
report. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The Governor & Council met pursuant to ad- 
journment. 

Rec d - from the House of representatives a resolution that, the Gov- 
ernor & Council concurring therein, the committee raised on the reso- 
lution introduced by Mr. Chipman, on the 28th October A. D. 1813, be 
instructed to hear evidence relative to the separate judgment rendered 
against John Willard by the Commissioners appointed by an act of the 
[last session of the legislature] to settle with the directors of the Mid- 
dlebury branch of the State Bank &c. which being read, On motion, 
Resolved, That the following amendment be proposed to said resolu- 
tion, — erase the words u the committee raised on the resolution intro- 
duced by Mr. Chipman on the 28th October A. D. 1813, be instructed," 
and insert the words, "a committee be raised to join from Council," & 
that the resolution be adopted with the above amendment. 



Governor and Council — November 1813. 51 

Mr. Harrington, appointed for that purpose, reported the following as 
the reasons for nonconcurring in the reference of the petition of Abra- 
ham Alger Jun. & others : 

" To the General Assembly now in session, — The Council have non- 
concurred in a reference of the petition of Abraham Alger Jun. Samuel 
Hildreth, Noah Alger, Stephen Hildreth, and Amos Hallock, for the 
following reasons : First, because the petitioners have, in their petition, 
made use of very unbecoming and highly improper language, which in 
sentiment evinces a spirit of insubordination destructive to military 
discipline, and which ought never to be sanctioned or in the least de- 
gree encouraged by the legislature. Secondly, because the petitioners 
have departed from the professed object of their petition, that of obtain- 
ing relief, and have pursued the unbecoming object of reproaching the 
motives and conduct not only of their military officers, but of the gov- 
ernment. Thirdly, because, if the legislature should grant to the peti- 
tioners the relief prayed for, it would be sanctioning the very indecent 
& unbecoming language contained in their petition, and would, in the 
opinion of the Council, be declaring to the world that the government 
of Vermont has unconstitutionally & maliciously oppressed and abused 
the petitioners." 

Which was read & it was Resolved, That the same be adopted & sent 
to the House. 

Adjourned to 9 O'clock tomorrow morning. 



Friday November 12, 1813. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of representatives the following engrossed bills, 
sent up for revision & concurrence or proposals of amendment, viz. 
" An act directing the Treasurer to pay Solomon Walbridge the sum 
therein mentioned ; An act restoring Matthew Smith to his legal privi- 
leges ; An act for the relief of Isaac Hinman ; An act to revive an act 
therein mentioned ; An act in alteration of the several statutes direct- 
ing listers in their office and duty ; An act constituting a company of 
artillery in Rockingham; An act for the relief of James O. Walker; An 
act granting to Jedidiah Richardson the right of a ferry ; An act for 
the relief of Benajah Douglass," and " An act appointing a committee 
to lay out & survey a road from the turnpike in Washington to Connec- 
ticut River," which being severally read, Resolved, To concur with the 
House of representatives in passing the same into laws. 

Rec d - from the House an engrossed bill entitled "An act to repeal an 
act therein mentioned," which was read, and on the question, Will the 
Council concur in passing said bill into a law, it was decided in the 
negative, and Mr. Harrington was appointed to draw up & report 
amendments. 

Mr. Harrington introduced the following resolution : 

In Council, Montpelier Nov. 11, 1813. 

Resolved, the House of representatives concurring herein, that a com- 
mittee of three be appointed, to join such committee as the House of 
Representatives may appoint, to take into consideration the report of 
the Committee of the Council, appointed to take into consideration the 
proceedings of the late canvassing committee, and to devise suitable 
rules, by which future canvassing Committees shall be governed, in re- 
ceiving, sorting and counting votes for Governor, Lieut. Governor, 
Treasurer & Councillors, to report by bill or otherwise: 



52 Governor and Council — November 1813. 

Which was read & Resolved, that the same be adopted, and His Hon- 
our Gov. Chamberlain, Messrs. Seymour & Hunter were appointed 
accordingly. 

The engrossed bill sent up from the House of representatives, for 
concurrence &c. entitled "An act to repeal an act entitled an act sus- 
pending civil process against the persons and property of the officers & 
soldiers of this State, while in service," was called up and read, Where- 
upon, on motion, Resolved, that the following amendment be proposed 
to said bill, viz. add the following proviso — u JProvided nevertheless that 
said act shall remain in full force and effect as to the suspending of civil 
process founded on contract against the non-commissioned [officers] and 
soldiers, belonging to this State, now in the service of the United States, 
so long as they shall continue in such service: Provided, also, that this 
repeal shall not operate to take away the defence of those who are dis- 
charged from service in actions commenced upon contract previous to 
their discharge" — and Resolved, To concur with the House in passing 
said bill into a law, with the above proposed amendment. And Mr. 
Harrington was appointed to return the bill and assign the reasons for 
the amendment. 1 

An engrossed bill entitled an act repealing an act entitled an act di- 
recting the deed of Job & Theoda Wood to be given in evidence, sent 
up from the House of representatives for concurrence, was called up & 
read and on motion Resolved, That the following amendments be pro- 
posed to said bill, viz. Strike out in the title the word " repealing " and 
insert the word " continuing," & in the last line erase the word " re- 
pealed " and insert the words " continued in full force & effect :" and 
That the Council concur with the House in passing the same into a law, 
with the above amendments ; and Mr. Wright was appointed to assign 
the reasons to the House. 8 

A bill entitled "An act appointing a committee to rectify the survey, 
and, if they think fit, to alter the County road from Guildhall to Dan- 
ville, between the dwelling houses of Aaron Fisk and the widow Cath- 
arine Perkins in said Guildhall &c." introduced into the Council, was 
called up and read, — Whereupon, Resolved, That the same pass to be 
sent to the House of Representatives for their concurrence. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Rec d - from the House a resolution appointing a committee to join 
such committee as the Council may appoint, to take into consideration 
the several reports of the Commissary General, — which was read & Re- 
solved, To concur with the House in their resolution, and Mr. Keyes 
was appointed on the part of Council. 

Rec d - from the House of Representatives the following engrossed 
bills, sent up for concurrence, viz. "An [act] for the relief of John Mer- 

1 The Council of Censors had earnestty recommended the repeal of 
the act of 1812, suspending civil process against officers and soldiers 
while in service, as being in violation of several provisions of the con- 
stitution of the United States, and also of Vermont.— See printed As- 
sembly Journal of 1813, p. 41. 

8 The Council of Censors had recommended the repeal in question, on 
the ground that the deed was absolutely void, and the act therefore un- 
constitutional. — See printed Assembly Journal of 1813, p. 53. The ob- 
ject of the Council in proposing this amendment was to preserve their 
power to suspend the bill until the next legislature, which was done. 



Iff 



Governor and Council — November 1813. 53 

riam; An act in addition to an act entitled an act ascertaining the prin- 
ciples on which the list of this State shall be made and directing the 
listers in their office & duty; An act authorizing the Treasurer of this 
State to pay the sum therein mentioned; An [act] for the relief of 
James Johnson; An act for the relief of Joshua Dupy; An act to ex- 
plain an act entitled an act for regulating and governing the militia of 
this State; An act directing the mode [of J adjusting and paying certain 
claims therein mentioned; An act laying a tax of three cents per acre 
on Salem," and ''An act in addition to an act entitled an act constituting 
the Supreme Court," which being severally read, it was Eesolved, To 
concur in passing the same into laws. 

An engrossed bill entitled " an act for the relief of Amasa Brown," 
sent up from the House of representatives for concurrence, was called 
[up] & read: whereupon, Resolved, That the following amendments be 
proposed to the said bill, — Erase the word " three " in the title, and in 
the 12th line of the enacting part of the bill, and insert the word "five," 
and that the Council concur with the House in passing the same into a 
law with the above amendments; and Mr. Wright was appointed to as- 
sign the reasons of the Council for their proposed amendments to the 
House of representatives. 

Tire Commissary General's report to the Commander-in-chief was rec d - 
from the House of Representatives, with an order to refer the same to 
the joint committee raised to take into consideration this subject, was 
read, and Resolved, To concur with the House in their order of refer- 
ence. 

Adjourned to 9 O'clock tomorrow morning. 



Saturday November 13, 1813. 9 O'clock A. M. 



Council met pursuant to adjournment. 

The resolution of the House of representatives, to which the Council 
proposed an amendment so as to raise a committee to take into consid- 
eration the separate judgment rendered against John Willard, in favor 
of the Bank, was returned from the House concurred, and Messrs. 
Miller, Hunter & Loomis were appointed a committee on the part of the 
Council to join the Committee of the House. 

Rec d - from the House of Representatives the following engrossed bills, 
sent up for concurrence, viz. "An act empowering the Congregational 
Society in Middletown to collect certain notes in the name of their 
Treasurer; An act granting a ferry to Isaac and Peirce Hawley," and 
"An act in addition to an act entitled an act reducing into one the sev- 
eral acts for laying out highways," which being severally read, Resolved, 
To concur in passing the same into laws. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M.— Council met pursuant to adjournment. 

The Committee appointed on the bill entitled " an act annexing a part 
of Stockbridge to the town of Pittsfield " made report, that in their 
opinion the bill ought to pass & become a law: which being read was 
accepted and on motion Resolved, That said bill pass to be sent to the 
House of representatives for their concurrence. 

An engrossed bill entitled " an act establishing a County Grammar 
School in the County of Jefferson " [now Washington,] sent up from 
the House of Representatives for concurrence, was called up and read, 
and, on motion, Resolved, That the following amendment be proposed 
to said bill, viz. "Provided always, and it is hereby further enacted, that 



54 Governor and Council — November 1813. 

nothing in this act contained shall be construed to prevent the Trustees 
of Caledonia County Grammar School from receiving the rents which 
may accrue on leases made by them of any lands lying within the orig- 
inal limits of the County of Caledonia for the term of two years from 
the passing of this act;" and that the Council concur with the House of 
Representatives in passing said bill into a law, with the above amend- 
ment: and His Honour Lt. Gov. Chamberlain was appointed to assign 
the reasons for the amendment to the House. 
Adjourned to 9 o'clock Monday morning. 



Monday November 15th, 1813. 9 o'clock A. M. 

Council met pursuant to adjournment. 

The account of the auditor in the Commissary department, with the 
report of the Committee on the same rejected in the House of Repre- 
sentatives, was rec d - with an order of the House to refer the same to the 
Commissary Committee: which was read, & Resolved, To concur with 
the House of representatives in their order of reference. 

A bill entitled "an act appointing commissioners to appropriate the 
County Grammar School lands in Franklin County," with the report of 
the Committee rejected in the House of representatives, was rec d - with 
an order of the House to recommit the same: which were read, & it was 
Resolved, To concur with the House in their order of recommitment. 

Mr. Robinson of the House of Representatives appeared in Council 
Chamber and informed the Governor and Council that the House had 
not concurred in the amendments proposed by the Council to the bill 
entitled "an act [repealing an act entitled an act] directing the deed of 
Job & Theoda Wood to be given in evidence," and assigned the reasons. 

Mr. Robinson informed the Governor and Council that the House had 
not concurred in the resolution appointing a committee to join from the 
house to take into consideration the report of the Committee of Council 
appointed to take into consideration the proceedings of the canvassing 
Committee, and to devize suitable rules by which future canvassing 
Committees shall be governed, — assigned the reasons and returned. 1 

The following engrossed bills, sent up for concurrence, were rec d - from 
the house of representatives, viz. "An act directing the mode of collect- 
ing a tax in the Town of Huntington ; An act directing the Treasurer 
to pay the sums therein mentioned ; An act in addition to an act relat- 
ing to freemen's meetings ; An act empowering Avis Moulton to deed 
lands," and "An act authorizing Joseph H. Cook to perform the office 
and duty of constable and collector in the town of Weybridge : " Which 
being severally read, Resolved, To concur with the House of Represent- 
atives in passing the same into laws. 

Mr. Miller introduced a bill entitled "An act making provision for the 
expence of granting and making out pardons to convicts," which was 
read & it was Resolved, That the same pass, to be sent to the House of 
representatives for their concurrence. 

Rec d - from the House of representatives the account of Samuel C 
Crafts Esq. as agent for the State in the case of Bank claims, with an 

1 In fact the House, by a vote of 91 to 75, refused a reading to the 
report of the committee of the Couneil : one reason doubtless being 
that, four days before, an elaborate report of a committee of the House 
on the same subject had been made to the House and accepted by it. — 
See printed Assembly Journal of 1813, pp. 144, 158, 183. 



Governor and Council — November 1813. 55 

order to refer the same to the joint committee of claims: which being 
read, it was Resolved, To concur with the House in their said reference. 

Rec d - from the House a resolution, that, the Governor & Counril con- 
curring therein, both Houses meet in joint committee in the Represent- 
atives' Room this day at 2 o'clock P. M. for the purpose of electing an 
assistant Judge of the County Court for the County of Bennington, to 
supply the vacancy occasioned by the non acceptance of Joseph Burr, 
and for the purpose of electing a Brigadier General of the second Bri- 
gade, first division of the militia of this State : which was read, and Re- 
solved, to concur with the House in their resolution. 1 

An engrossed bill entitled "an act for the relief of Martin Roberts," 
sent up from the House of Representatives for concurrence, was called 
up and read; whereupon Resolved, That the following amendments be 
proposed, viz. In the second section, in the 7th [line,] between the word 
" shall " and " give," insert the words " pay one third and;" In the 9th 
line, before the words " of the sums &c." insert the words " of the re- 
mainder;" and in the 10th line, before the words " when final judgment," 
insert the words "with interest;" and that the Council concur with the 
House of Representatives in passing the same into a law with the above 
amendments. 

An engrossed bill entitled " an act relating to the Treasury depart- 
ment," sent up from the House for concurrence, was called up and read, 
Whereupon Resolved, That the following amendment be proposed to 
said bill, viz. Add to the bill the following section, " Sec. 3d. And it is 
hereby further enacted, that it shall be the duty of the Treasurer to add 
to the schedule by him annually to be made, all such balances as shall 
be due from the several state's attornies, and proceed in the collection 
of such balances as is directed in the second section of this act; and the 
Treasurer shall also add in the schedule the names of all such of the 
State's Attornies who neglect to make an annual statement, as the law 
directs;" and that the Council concur with the House in passing said 
bill with the above proposed amendment. 

An engrossed bill entitled " an act granting a tax for the support of 
government," sent up from the House of Representatives for concur- 
rence, was called up and read, whereupon it was Resolved, That the fol- 
lowing amendments be proposed to said bill, viz. Add to the title of the 
bill the words " and for paying the sums due to the detachment of the 
militia in the service of the United States in the year 1812, and also for 
paying the members of convention ordered by the Council of Censors." 
Erase the word " one " and insert " two " in the sixth line of the bill, — 
and erase the word " July " and insert the word " June " in the eleventh 
line; and that the Council concur in passing said bill into a law with the 
above proposed amendments. And Mr. Harrington was appointed to. 
assign the reasons for the amendments to the House. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— The Governor & Council met pursuant to adjourn- 
ment. 

The bill entitled " an act repealing an act directing the deed of Job & 
Theoda Wood to be given in evidence," was called up and read: Where- 
upon, Resolved, That the passing of the same be suspended until the 
next session of the legislature. 

The following engrossed bills, sent up from the House of Representa- 
tives for concurrence, were severally called up & read, viz. "An act di- 

1 Grove Moore was appointed Judge, and Col. David Leavitt of Putney 
Brigadier General. 



56 Governor and Council — Nbvefnber 1813. 

recting the Treasurer to pay sundry inhabitants of Derby the sums 
therein mentioned; An act freeing the body of Daniel Lockwood from 
arrest; An act prolonging the time of exclusive right of making glass 
in this State to the President and Directors of the Vermont Glass Fac- 
tory; An act reviving an act laying a tax of three cents per acre on the 
Town of Kelly vale [Lowell;] An act directing the several County 
Courts in this State in the mode of setting out their respective gaol 
yards, and restricting them therein; An act to extend the time of pay- 
ment of the cent tax on the town of Bolton; An act freeing the body of 
Ebenezer Eaton from arrest or imprisonment for the term of three 
years; An act to repeal certain acts therein mentioned and for other 
purposes; An act for the relief of Joseph Fessenden; An act relating to 
the State's Prison," and " An act in addition to the several acts estab- 
lishing a State Bank;" Whereupon it was Resolved, To concur with the 
House of Representatives in passing the same into laws. 

An engrossed bill entitled "an act freeing the body of Timothy Hin- 
man from arrest and imprisonment for the term of two years," sent up 
from the House of Representatives for concurrence, was called up and 
read; and on the question Will the Council concur in passing the same 
into a law, it was decided in the negative. 

An engrossed bill entitled "an act directing the Treasurer to pay Par- 
ley Davis the sum therein mentioned," sent up from the House of Rep- 
resentatives for concurrence, was called Up and read, and on the ques- 
tion Will the Council concur? it was decided in the negative by yeas and 
nays as follows: Yeas, His Hon. Gov. Chamberlain, Messrs. Seymour, 
Loomis, Miller & Painter. Nays, Messrs. Wright, Keyes, Hunter, Har- 
rington, Bliss and Dana. 

A bill introduced into the Council, entitled " an act repealing an act 
to prevent intercourse with the enemies of this and the United States," 
was called up and read: whereupon Resolved, That the same pass to be 
sent to the House of Representatives for their concurrence. 

Rec d - from the House the bill sent down from the Council, making 
provision for the expence of granting and making out pardons to con- 
victs, with the following proposed amendments,^Erase the word "two" 
& insert the word '• one," and strike out the second section: which be-* 
ing read, Resolved, To concur in the said amendments, & that the bill 
pass. 

Adjourned to 8 o'clock tomorrow morning. 



Tuesday November 16, 1813. 8 O'clock A. M. 

Council met pursuant to adjournment. 

The following engrossed bills, sent up from the House of Representa- 
tives for concurrence, were severally called up and read, viz. "An act 
directing the Treasurer to credit the Town of Bridgewater the sum 
therein mentioned; An act in addition to an act entitled an act empow- 
ering Towns to lay out school districts in certain cases; An act author- 
izing Ralph Turner to collect one cent land tax in the Town of Waits- 
field: An act directing the Treasurer to credit the first constable of 
Westford the sum therein mentioned; An act directing the Treasurer to 
pay Sylvanus Baldwin the sum therein mentioned: An act giving far- 
ther time to the collector of Mt. Tabor to collect the one cent tax; An 
act authorizing the sheriff of Orange County to deed certain property 
therein described; An act authorizing Samuel Hart to perform the office 
and duty of constable and collector in the town of Granby; An act 
directing the Treasurer to pay Levi Ellis the sum therein mentioned- 



Governor and Council — November 1813. 57 

An act for the relief of Amos Staples; An act incorporating certain per- 
sons therein named by the name of the Vermont Card Manufacturing 
Company; An act directing the Treasurer to pay Samuel C. Crafts the 
sum therein mentioned; An act directing the Treasurer to pay John 
Mattocks the sum therein mentioned ; An act relating to a "certain 
Judgment therein named," and "An act to provide for the payment of 
the convention to be convened by order of the Council of Censors;" 
Whereupon it was Resolved, To concur with the House of Representa- 
tives in passing the same into laws. 

Rec d - from the House of Representatives the engrossed bill entitled 
"an act to repeal an act therein mentioned," which was read & it was 
Resolved, That the following amendment be proposed to said bill, viz. 
Add the following proviso— "Provided nevertheless that said act shall 
be in full force for preventing the circulation of bills issued by any of 
the foreign banks that have failed in the payment of their bills;" & that 
the Council concur in passing said bill into a law with the above pro- 
posed amendment. And Mr. Keyes was appointed to assign the reasons 
for the amendment. 

Mr. Seymour, appointed for that purpose, reported the following as 
the reasons of the Council for not concurring in passing the "act freeing 
the body of Timothy Hinman from arrest &c." viz. "The Council do not 
concur with the House of Representatives in passing this act for the 
following reasons, viz. that the manner in which the petitioner became 
involved, particularly the means he made use of to obtain large credits 
a short time before he failed, do not appear to be of that fair character 
that warrants a special interference of the legislature in his favor." 
Which were read and adopted. 

Rec d - from the House of Representatives an engrossed bill entitled 
"an act in addition to an act entitled an act directing the mode of de- 
taching the militia," which was read & on the question Will the Council 
concur with the House of Representatives in passing the same into a 
law ? it was decided in the negative by yeas & nays, as follows : Teas, 
His Hon. Gov. Chamberlain, Messrs. Fletcher, Miller, Painter & Dana. 
Nays, Messrs. Wright, Keyes, Hunter, Loomis, Harrington «& Bliss. 1 

An engrossed bill entitled "an act regulating proceedings in the Town 
of Canaan," sent up from the House of Representatives for concurrence, 
was called up & read, whereupon it was Resolved, that the following 
amendment be proposed to said bill, viz. Add the following clause — 
"And the said collector is hereby directed in all things in collecting and 
accounting for the monies raised by said tax, to govern himself conform- 
able to the general statutes of this State in such case made and pro- 
vided;" and that the Council concur with the House in passing said bill 
with the foregoing amendment. And Mr. Loomis was appointed to 
assign the reasons for the amendment. 

A resolution of the House of representatives of Nov. 15 1813, appoint- 
ing Tuesday next at 9 o r clock forenoon for both Houses to meet in the 
representatives' [hall] for the purpose of adjourning the legislature 
without day, was called up & read, and it was Resolved, To concur with 
the House in said resolution with the following amendment, viz. Erase 
the word "Tuesday" & insert "Wednesday." 

Mr. Lyon from the House of Representatives appeared in Council, re- 
turned the bill entitled "an act assessing a tax of one cent on the dollar 
on the list of the year 1813 for the support of government," informed the 
Governor & Council that the House had not concurred in the amend- 



1 A party vote strictly, except that Messrs. Seymour and Richards 
(anti-federalist) were absent. 



58 Governor and Council — November 1813. 

nient8 proposed to the same by the Council, and retired. Whereupon 
it was Resolved, That the Council rescind their said amendments, and 
that the following amendments be proposed, viz. add to the title of the 
bill the words "and for paying the sums due to the detachment of the 
militia of this State, while in the service of the United States in the year 
1812." Erase the word "one" in the 6th line of the bill and insert the 
word "two," and erase the word "July" in the 11th line and insert the 
word "March"— and that the Council concur with the House in passing 
the same into a law with the above proposed amendments. 

An engrossed bill entitled " an act empowering John Barney to per- 
form the duties & office of first constable & collector," sent up from the 
House for concurrence, was called up and read, Whereupon, on motion, 
Resolved, That the following amendment be proposed to said bill, viz. 
add the following section — M Section 3d. And it is hereby further en- 
acted, that the said John Barney shall, before he enter upon the duties 
of his office as aforesaid, execute a bond to the selectmen of the said 
town of St. Johnsbury with sufficient sureties, as security to said town 
for the faithful discharge of the duties of said office, in the same manner 
as first constables of the several towns are by law required to do;" and 
that the Council concur with the House of Representatives in passing 
said bill into a law with the above proposed amendment. And His 
Honor Gov. Chamberlain was appointed to assign the reasons for the 
amendment. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — The Council met pursuant to adjournment. 

The following engrossed bills, sent up from the House of Representa- 
tives for concurrence, were severally called up and read, viz. "An act 
directing the Treasurer to pay Harry Hale the sum therein mentioned; 
An act in addition to and alteration of an act for regulating & governing 
the militia of this State; An act relating to a certain judgment therein 
named; An act providing for two aids to the Governor of the State & for 
repealing two acts therein mentioned; An act establishing a corporation 
by the name of the Middlebury Turnpike Company," and "An act for 
the relief of Capt. William Tileston;" Whereupon it was Resolved, To 
concur with the House of representatives in passing the same into laws. 

Rec d - from the House a resolution appointing 4 o'clock this afternoon 
for both Houses to meet in the representatives' room for the purpose of 
electing three directors of the Vermont State Bank for the year ensu- 
ing: which being read, Resolved, To concur with the House in their res- 
olution. 

Mr. Keyes, appointed for that purpose, reported the following as the 
reasons for nonconcuring in passing the bill entitled " an act relating 
[to] advertisements," viz. "The Council do nonconcur with the House in 
passing this bill for the following reasons : 1st. That there ought to be 
substantial reason for the altering of a law before it is passed. 2dly. 
There has not been any evidence before the Council to convince them 
but that the printing has been well done in the Vermont Republican, 
therefore they see no necessity to have advertisements inserted in 
Spooner's Vermont Journal." Which being read, were adopted to be 
sent to the House. 

The last mentioned [bill] was returned from the House of representa- 
tives, passed a second time and sent up for concurrence: and being read 
it was on motion, Resolved, That the following amendment be proposed, 
viz. Erase the word " January " and insert " August," and that the 
Council do concur in passing said bill into a law with the above amend- 
ment. 



Governor and Council — November 1813. 59 

An engrossed bill entitled "An act for the relief of John Willard" be- 
ing read, Resolved, To concur with the House in passing said bill with 
the following proposed amendment, viz. In the 17th line of the bill, after 
the word "within" erase the word "thirty" and insert "sixty" and in the 
19th line, after the word "security," add "either personal or real to the 
acceptance of said directors:" and Mr. Loomis was appointed to assign 
the reasons for the amendments to the House. 

An engrossed bill entitled "an [act] making the necessary appropria- 
tions for the support of government during the present year and for 
other purposes," sent up for concurrence, was rec d - from the House 
and read, and it was Resolved, To concur with the House in passing the 
same into a law. 

The bill entitled "an act assessing a tax of one cent on the dollar on 
the list of the year 1813, for the purposes therein mentioned," was rec d - 
from the House of representatives, passed a second time and sent up for 
concurrence, and read, and on the question, Will the Council concur 
with the House of representatives in passing the bill into a law ? it was 
decided in the affirmative by yeas and nays as follows : Teas, Gov. 
Chamberlain, Messrs. Seymour, Bliss, Fletcher, Miller, Painter, and 
Dana. Nays, Messrs. Wright, Keyes, Hunter, Loomis, and Harrington. 

Mr. G. Robinson of the House of representatives appeared in Council 
Chamber & informed the Governor & Council that the House had not 
concurred in the amendment last proposed to the bill entitled "an act 
granting a tax for the support of government," and the said bill being 
called up & read, Resolved, To rescind the resolution proposing amend- 
ments & that the Council concur in passing said bill into a law. 

The [bill] from the House of Representatives entitled "an act direct- 
ing the Treasurer to pay Parley Davis the sum therein mentioned," 
being again called up, On motion, Resolved, To rescind the resolution 
to nonconcur in passing said bill, and that the Council do concur with 
the House in passing the same into a law. 

A bill from the House of representatives entitled "an act directing 
the mode of taking depositions to be used before the canvassing Com- 
mittee," being read, on the question, Will the Council concur in passing 
said bill into a law ? it was decided in the negative : and the following 
reasons for nonconcurrence were adopted to be sent to the House of 
representatives, viz. "The Council do not concur in passing this bill 
for the following reasons, — 1st. Because the certificates forwarded by 
the presiding officer of town meetings are the proper & the only proper 
evidence to be submitted to the canvassing committee ; whereas this 
bill would make the canvassing committee a board for the trial of an 
unlimited number of matters of fact of a doubtful & disputable character. 
2ndly. Because the admission of extraneous evidence before the can- 
vassing Committee would not tend to either a correct result, or one 
which would be generally satisfactory. 3rdly. Because the examination 
of fact by the canvassing committee, aside from the certificates, would 
necessarily take days & probably weeks, during which time the govern- 
ment would remain unorganized, and the good people of this State 
imminently exposed to the evils of civil dissention from the govern- 
ment's being unorganized, at a period when the excitement of party 
feeling is generally at its highest pitch." 

Adjourned to 9 o'clock tomorrow morning. 



60 



Governor and Council — November 1813. 



Wednesday Nov. 17, 1813. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

A bill from the House of Representatives entitled M an act in addition 
to an act directing the mode of detaching the militia," sent up for con- 
currence, was read, and on the question, will the Council concur in pass- 
ing the same ? it was decided in the negative. And the following, re- 
ported by Mr. Harrington, were adopted as the reasons for their non- 
concurrence: "First, Because the law now in force appears to the 
Council to be abetter and more equitable method for detaching the mili- 
tia than the mode contemplated in this bill. 2dly, Because, by the law 
now in force, those who are not enrolled in the militia are made liable 
to pay their proportion of the expence of such detachment of the mili- 
tia as may be called into the public service. 3dly, Because the law 
now provides that the militia while in service shall have added to the 
wages allowed by the United States the sum of $3.33 per month, which 
is by the Council considered no more than a reasonable compensation." 

An engrossed bill from the House of Representatives [entitled] " an 
act granting relief to James Austin & others," being called up and read, 
it was Resolved, That the Council do not concur in passing said bill, and 
that the following reasons be adopted for nonconcuring in the same to 
be sent to the House, viz. u First, it appears to the Council that the bond 
mentioned in the bill was executed for liberating James H. Austin from 
Jail, who had been guilty of passing counterfeit bank bills, that he is a 
person of bad fame, and that the granting of the relief contemplated in 
the bill will, in the opinion of the Council, be a mean of confirming him 
in an evil course of conduct. 2ndly. The Council consider that the re- 
lief contemplated in the bill ought never to be granted without clear 
evidence of reformation in the person who is to be benefited by the re- 
lief prayed for." 

An engrossed bill entitled u an act directing the mode of taking depo- 
sitions to be used before the canvassing Committee," sent up from the 
House passed a second time, being read, Resolved, To concur in pass- 
ing the same with the following proposed amendment, — Strike out the 
whole of the first section. And Mr. Seymour was appointed to assign 
the reasons for the amendment. 

Rec d - from the House of representatives the bill entitled " an act 
granting relief to James Austin and others," sent up amended as fol- 
lows, — add the following proviso — " Provided nevertheless that the said 
James, James H. and Frederick shall take no benefit by this act until 
they shall pay all legal costs included in said bond, and all costs accrued 
in the suit on said bond:" which being read, Resolved, To concur with 
the House of representatives in passing said bill as amended. 

The following debenture of the Lt. Governor, Council & officers was 
read & adopted: 



Names. 


No. of 


Amt of 


No. of 


Amt of 


Amt of 


Miles. 


Mileages. 


Days. 


Attendance. 


Debenture. 


Gov. Chamberlain 


27 


3 


24 


25 


100 


— 


103 


24 


Gov. Brigham 


50 


6 


00 


8 


32 


— 


38 


— 


Sam 1 - C. Crafts 


42 


5 


04 


3 


4 


50 


9 


54 


M. Richards 


92 


11 


04 


14 


21 


— 


32 


04 


J. Wright 


130 


15 


60 


34 


51 


— 


66 


60 


E. Keyes 


42 


5 


04 


34 


51 


— 


56 


04 


W m - Hunter 


62 


7 


14 


34 


51 


— 


58 


44 


H. Seymour 


60 


7 


20 


34 


51 


— 


58 


20 


W m - C. Harrington 


38 


4 


5Q 


33 


49 


50 


54 


06 



Governor and Council — November 1813. 



61 



F. Bliss 

S. Fletcher 
S. Miller 

G. Painter 
D. Dana 
P. Smith 

R. C. Mallary Sec?- 
S. Swift Sec^ 
" office 
J. Peck Shff, 



55 


6 


60 


34 


100 


12 


00 


28 


30 


3 


60 


33 


60 


7 


20 


31 


75 


9 


00 


31 


72 


8 


64 


2 


80 


9 


60 


13 


60 


7 


20 


22 


12 


1 


44 


34 


1087 


130 


44 


447 



51 


— 


57 


60 


42 


— 


54 


— 


49 


50 


53 


10 


46 


50 


53 


70 


46 


50 


55 


50 


3 


— 


11 


64 


32 


50 


42 


10 


55) 

$7\ 


— 


69 


20 


51 


— 


52 


44 


795 


00 


925 


44 



James H. Langdon Esquire of Montpelier was duly appointed Sur- 
veyor of Public Buildings. 

Mr. Seymour introduced the following resolution : 

In Council Nov. 17, 1813. 

Resolved, The House of Representatives concurring herein, that all 
business before either branch of the legislature, that is now unfinished, 
be referred to the next session of the legislature. 

Which was read and adopted. 

Agreeably to the concurrent [resolution] of both Houses, His Excel- 
lency the Governor, His Honour the Lieutenant Governor and the 
Honourable Council proceeded to the Representatives' room, where the 
throne of Grace was addressed in prayer by the Rev. Chester Wright, 
and the legislature was then adjourned" without day. 

The foregoing from Page 1 to page 108 [of the manuscript journals, 
Vol. 7,] inclusive is a true journal of the Proceedings of the Governor & 
Council at their session in October in the year of our Lord 1813. 

Samuel Swift, Secretary. 



THIRTY-EIGHTH COUNCIL, 

OCTOBER 1814 TO OCTOBER 1815. 



Martin Chittenden, Jericho, Governor. 
William Chamberlain, Peacham, Lieut. Gov. 

Councillors. 



Solomon Miller, Williston, 
Zerah Willoughby, Fletcher, 
Daniel Dana, Guildhall. 
John Ellsworth, Greensboro. 
Gamaliel Painter, Middlebury, 
Moses Robinson, Bennington, 



Josiah Hubbard, Thetford, 
Nicholas Baylies, Montpelier, 
James' D. Butler, Rutland, 
John W. Chandler, Peacham, 
Elias Stevens, Royalton, 
William Hall, Jr., Bellows Falls. 



Samuel Swift, Middlebury, Secretary. 
Chapin Keith, Barre, Sheriff. 



BIOGRAPHICAL NOTICES. 

Moses Robinson, first child of Gov. Moses Robinson, was born in 
Bennington, Nov. 16 1763. He represented Bennington in the General 
Assembly in 1819, 1820 and 1823 ; was a candidate for the Council on 
the Federal ticket previous to his election in 1814, and on one occasion 
failed by the omission of the "junior" from his name. He died Jan. 30 
1825. — The W ashing tonian; and Hiland Hall in Vt. Hist. Magazine, Vol. 
I, pp. 169, 179. 

Nicholas Baylies was born at Uxbridge, Mass., in 1772, says Drake, 
but more probably in 1768, and graduated at Dartmouth in 1794. After 
admission to the bar, he commenced practice at Woodstock with the 
Hon. Charles Marsh, removing to Montpelier in 1810, and from thence 
to Lyndon in 1836, where he died Aug. 17 1847. In 1814 he published a 
digest of modern English and American common law reports in three 
volumes, and in 1820 a volume on free agency. In his single term as 



Biographical Notices. 63 

Councillor his learning in the law was manifested, and it will be seen 
that he initiated the Vermont State Library, and also the printed reports 
of the Supreme Court. He was a member of the Council of Censors in 
1813, Councillor in 1814, and Judge of the Supreme Court three years, 
1831 until 1834. "He earned the reputation of being one of the most 
laborious and learned of his profession in this state." — Drake's Diet, of 
Am. Biography; Thompson's Vermont; Vt. Hist. Magazine, Vol. I, title 
Lyndon ; Vt. Legislative Directory, 1876-77; and Vt. Watchman & State 
Journal of Aug. 261847. 

James Davie Butler, born in Boston, settled in Rutland in 1787, 
represented that town in the General Assembly in 1812 and '13, and was 
Councillor in 1814. Henry Hall has described him as "the mechanic, 
the merchant, the scholar, the wit." — Vt. Hist. Magazine, Vol. 3, pp. 
1013, 1105 ; and Deming's Catalogue. 

John Winthrop Chandler, born in Newtown, Conn., in 1767, was 
one of the early settlers of Peacham, in which town he spent the re- 
mainder of his life, dying there July 15 1855. He represented his town 
in the General Assembly in 1797 ; was Judge of Probate 1797 until 1800, 
again in 1806, 8, 9, and '17 until 1821 ; Register in 1805 ; and Judge of 
the County Court 1800 until 1806, and 1813 until 1817.— Vt. Hist. Maga- 
zine, Vol. i, p. 364 ; and Deming's Catalogue. 

Elias Stevens represented Royalton in the General Assembly 
eleven years, beginning in 1783 and ending in 1816, and was Councillor 
one year. — Deming's Catalogue. 

William Hall Jr. was a member of the Council of Censors in 1813, 
and Councillor in 1814. He also represented Grafton in the General 
Assembly in 1799, and Rockingham in 1826 and l.—Vt. Legislative 
Directory, 1876-7 ; and Deming's Catalogue. 

No trace of public service of Col. JosiAn Hubbard, except as Coun- 
cillor, has been found. He died at Thetford, about July 1 1833. 



64 Governor and Council — October 1814. 

RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT MONTPELIER, 



State of Vermont. — A Journal of the Proceedings of the Governor 
& Council of the State of Vermont, at their session holden at Montpe- 
lier, on the second Thursday of October, in the year of our Lord one 
thousand eight hundred and fourteen. Present, His Excellency Martin 
Chittenden Esq. Governor. His Honor William Chamberlain Esquire, 
Lieutenant Governor. The Hon. Elias Keyes, Mark Richards, William 
Hunter, Frederick Bliss, Solomon . Miller, Horatio Seymour, Daniel 
Dana, Gamaliel Painter, and Beriah Loomis, Esquires, Councillors. 
Samuel Swift, Secretary. Chapin Keith Esq. Sheriff of Jeff. County. 

Ordered, That the Secretary be directed to inform the House of Rep- 
resentatives that the Governor and Council have assembled, formed a 
quorum and are ready to receive any communication the House may be 
pleased to make to them. Which service the Secretary performed. 

Mr. C. K. Williams, from the House of Representatives, appeared in 
the Council Chamber and informed the Governor and Council that [the] 
House had met and were ready to proceed to business. 

Resolved, That a Committee of five members of Council be appointed 
to join such Committee as the House of Representatives may appoint 
to receive, sort & count the votes for Governor, Lieutenant Governor, 
Treasurer & Councillors for the year ensuing, and to report as soon as 
may be. Members chosen, His Honor Lt. Gov. Chamberlain, Mr. 
Keyes, Mr. Seymour, Mr. Miller and Mr. Richards. And they were duly 
sworn to the faithful discharge of their duties. 

Mr. Edmond, from the House of Representatives, appeared in Coun- 
cil Chamber and informed the Governor and Council that that House 
had appointed a canvassing Committee to join the Committee from 
Council. 

Adjourned to 4 o'clock P. M. 1 

4 O'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

Mr. Robinson, from the House of Representatives, appeared in Coun- 
cil Chamber and informed the Governor and Council that the House 
were ready to receive the report of the Canvassing Committee. 

The Governor and Council accordingly proceeded to the Representa- 
tives' Room, when the joint Canvassing Committee made the following 
report: 

"To the Hon. General Assembly now sitting: The Committee ap- 
pointed to sort and count the votes of the freemen of this State for Gov- 
ernor, Lieut. Governor, Treasurer, and Councillors, beg leave to report 
That the freemen of this State have made no choice of a Governor for 
the year ensuing: That they have made no choice of a Lieut. Governor for 
the year ensuing: That Benjamin Swan, Esquire, is chosen by the free- 

{ The election sermon was preached by the Rev. Elijah Lyman. 



Governor and Council — October 1814. 65 

men Treasurer of this State for the year ensuing, and he is hereby de- 
clared to be duly elected to that office: That by the votes of the freemen, 
the following persons are chosen Councillors for the year ensuing, to 
wit, Moses Robinson, Gamaliel Painter. Solomon Miller, Josiah Hub- 
bard, John Ellsworth, Zerah Willoby, Daniel Dana, Nicholas Baylies, 
James D. Butler, John W. Chandler, Elias Stevens and William Hall 
Jun. and they are hereby accordingly declared to be duly elected. All 
which is submitted. 
Montpelier October 13, 1814. [William Chamberlain, Chairman."] l 
Which being completed, the Governor and Council returned to their 
Chamber. 
Adjourned to 9 o'clock A. M. Tomorrow. 



Friday October 14, 1814. 9 o'clock A. M. 

Pursuant to adjournment yesterday the following members of the 
Council appeared and took their seats, viz. Hon. Gamaliel Painter, Sol- 
omon Miller, Josiah Hubbard, John Ellsworth, Zerah Willoby, Daniel 
Dana, Nicholas Baylies, James D. Butler, Elias Stevens & William Hall 
Jun. — And they severally took and subscribed the necessary oaths. 

The Councillors present proceeded to organize and made choice of 
Hon. Gamaliel Painter Chairman pro tern. Sam 1 - Swift, Secretary pro tern. 

Ordered, That the Secretary be directed to give notice to the House 
of Representatives that the Council have organized and are ready to pro- 
ceed to business. Which service the Secretary accordingly performed. 

Mr. Baylies introduced the following resolution : 

In Council Oct. 14, 1814. 

Resolved, the General Assembly concurring herein, that both Houses 
meet in joint committee at 2 o'clock P. M. this day in the Representa- 
tives' Room for the purpose of electing a Governor and Lieut. Governor 
for the year ensuing ; Which was adopted. 

Mr. Edmond, from the House of Representatives, appeared in Council 
Chamber and informed the Council that the House had organized, by 
choosing the Hon. Daniel Chipman Speaker, Josiah Dunham Esquire 
Secretary of State, William D. Smith Esq. Clerk, and Azro Loomis En- 
grossing Clerk. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — The Council met pursuant to adjournment. 

The resolution of the Council appointing two o'clock this afternoon 
for the choice of Governor and Lieutenant Governor was returned from 
the House with a resolution to concur. 

Agreeably to the joint resolution for that purpose, the Council pro- 
ceeded to the Representatives' Room, to meet the House in joint com- 
mittee for the purpose of electing a Governor & Lieut. Governor. 
The ballots being received, sorted and counted, His Excellency Martin 
Chittenden was declared to be elected Governor, Captain General and 
Commander in chief in and over the State of Vermont for the year en- 
suing : And His Honor William Chamberlain Lieut. Governor for the 
year ensuing : And by order of the Chairman the Sheriff made procla- 

1 Chauncey K. Williams Esq. has furnished the votes for Governor, 
to wit: Martin Chittenden 17,466; Jonas Galusha 17,411; scattering, 
says the Northern Centinel of Oct. 21 1814, 451. 

5 



66 Governor and Council — October 1814. 

mation of their election. Which being completed the Council returned 
to their chamber. 
Adjourned to 9 o'clock tomorrow morning. » 



Saturday, October 15, 1814. 9 O'clock A. M. 

The Council met pursuant to adjournment. 

At 12 o'clock His Excellency Martin Chittenden, the Governor elect, 
appeared in the Council Chamber, and with His Honor William Cham- 
berlain the Lieut. Governor elect, and the Hon. Council repaired to the 
Eepresentatives' Room, where the oaths of office were dulv administered 
to the Governor and Lieut. Governor. After which His Excellency de- 
livered the following Speech. 8 The Governor & Council then returned 
to the Council Chamber, and His Excellency the Governor took the 
chair. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

Rec d - from the House of Representatives a resolution appointing the 
following standing committees to join from Council. 

A Committee of four members to take into consideration all petitions 
for acts of suspensions, to be denominated the Committee of Suspen- 
sions. A Committee of four members to take into consideration such 
claims as may be exhibited against the Stale, to be denominated the 
Committee of Claims. A Committee of four to take into consideration 
petitions for turnpikes, to be denominated the Turnpike Committee. 
Three Committees of two members each to take into consideration all 
petitions for land taxes, to be denominated the first, second and third land 
tax Committee. A Committee of four to take into consideration petitions 
for new trials, to be denominated the Committee of New Trials. A Com- 
mittee of four to be denominated the Military Committee. A Committee 
of four to be denominated the Committee of Manufactures. Which being 
read, Resolved, To concur with the House in their said resolution. And 
the following members of Council were appointed to join on the several 
committees : 

On Committee of Suspensions, Mr. Painter. 

" Committee of Claims, Mr. Butler. 

" Turnpike Committee, Mr. Stevens. 

" First Land Tax Committee, Mr. Miller. 

" Second Land Tax Committee, Mr. Dana. 

" Third Land Tax Committee, Mr. Hubbard. 

" Committee of New Trials, Mr. Baylies. 

" Committee of Manufactures, Mr. Hall. 

" Military Committee, His Hon. the Lt. Governor. 
Rec d - from the House of Representatives the following petitions with 
an order to refer the same to the joint Military Committee, viz. Petition 
of Hezekiah Ensworth & others for a Light Artillery Company in Nor- 

1 The Vermont Eepublican of Oct. 17 1814 gave the result of the ballots 
in joint committee as follows : 

For Chittenden 123, for Galusha 94, scattering 1. — Majority for Chit- 
tenden 28. For Chamberlain 118, for Brigham 91. Several republican 
members were absent at the choice of Gov. 

• For the speech see Appendix A. 



Governor and Council — October 1814. 67 

wich: Petition of Edmond Ingalls & others for a Light Infantry Com- 
pany in Cavendish: Petition of Nehemiah Bradley & others for an Ar- 
tillery Company in Peacham: Which being severally read, Resolved, To 
concur in the said reference. 

Rec d - from the House of Representatives the petitions of Robert Wil- 
bur, and of Eleazer Flagg, for acts of Suspension, with an order on each 
to refer the same to the joint Committee on Suspensions: Which bein°- 
severally read, Resolved, To concur. 

Rec d - from the House of Representatives the petitions of Elias Bates, 
and of John Brown, with an order on each to refer the same to the joint 
Committee of Claims: Which being severally read, Resolved, to concur 
in the reference. 

Rec d - from the House of Representatives the petition of William S. 
Cardell, praying for an act of incorporation of u The American Marble 
Company," with an order to refer the same to the joint Committee of 
Manufactures: Which being read, Resolved, To concur in the reference. 

Rec d - from the House the petition of Randal Rice and others for a 
turnpike, with an order to refer the same to the joint Turnpike Com- 
mittee: Which being read, Resolved to concur in the reference. 

Adjourned to 9 o'clock Monday Morning. 



.Monday, October 17, 1814. 9 O'clock A. M. 

The Governor and Council met pursuant to adjournment. 

The Hon. John W. Chandler appeared in Council, took and subscribed 
the oaths of office and took his seat. 

His Excellency the Governor announced that he had appointed Sam- 
uel Swift Esquire, Secretary for himself and Council, and the oaths of 
office were duly administered to him. 

On motion, Timothy Hubbard Esquire was duly appointed Surveyor 
of Public Buildings for the year ensuing. 

Rec d - from the House of Representatives a resolution appointing a 
Committee of four members to join from Council to take into considera- 
tion that part of His Excellency's speech which relates to the revision 
of the militia laws: Which being read, Resolved, To join, and His Hon. 
the Lt. Governor was appointed to join said Committee. 

Rec d - from the House a resolution appointing a committee of four to 
join &c. to take into consideration the subject of taxation, and point out 
some more equal and equitable mode of taxation under our present bur- 
thens of an expensive war, and report by bill or otherwise : Which 
being read, Resolved, To concur, and Mr. Willoby was appointed to join. 

Rec d - from the House the petition of Barzillai Cary, praying to have 
the children of his wife made legal heirs to his estate, with an order to 
refer the same to a select committee to join from Council: Which being 
read, Resolved, To concur, and Mr. Miller was appointed to join &c. 

Petition of Benjamin Bell for a ferry with an order to refer the same 
to a committee of four to join &c. was received from the H. of Repre- 
sentatives, read and concurred, and Mr. Chandler was appointed to join. 

The petition of Thomas Ward, with an order to refer the same to a 
committee of four to join &c. was rec d - from the House, read & concur- 
red, and Mr. Butler was appointed to join. 

The petition of Edward Fifield for relief against certain judgments, 
with an order of the H. of Rep 8 - to refer the same to a committee of four 
to join &c. was received and concurred, and Mr. Hall was appointed to 
join s d Comm tee - 



68 Governor and Council — October 1814. 

The petition of Benjamin Cole & others, tenants of Glebe Lands in 
Marlboro', with an order to refer the same to a committee of two to join 
&c. was rec d - from the House, read and concurred, and Mr. Baylies was 
appointed to join s d - Com tee - 

The petition of the Congregational Society of Poultney for an act of 
Incorporation, with an order of the H. of Rep 8 - to refer the same to a 
committee of two to join from Council, was rec d - read & it was Resolved, 
To join, and Mr. Hubbard was appointed for that purpose. 

The petition of Abel Tomlinson, Ad r - of Edward Gray, for power to 
deed land of deceased, with an order of the II. of Representatives to re- 
fer the same to a [committee] of two to join &c. was rec d » read & Re- 
solved, To join, and Mr. Miller was appointed for that purpose. 

Petition of Adget Lathrop & others selectmen of Pittsford, for the 
appointment of a new collector of taxes, with an order to refer the same 
to a Committee of four to join from Council, was rec d - from the House, 
and read, and thereupon, Resolved, To join, and Mr. Painter was ap- 
pointed for that purpose. 

Pet. of James Andrews for relief, with an order of the H. of Repre- 
sentatives to refer the same to the joint Committee on the petition of 
Edward Fifield, was rec d - read & it was Resolved, To concur in said 
reference. 

A resolution of the House of Representatives that the Committee on 
the petition of Thomas Ward be instructed to examine the books, orders 
and papers on that subject in the oilice of the Auditor of accounts, and 
in the Treasury department, have power to send for persons and papers, 
state the facts to this House, and that they have leave to report by bill 
or otherwise, was rec d - & read, and thereupon, Resolved, To concur 
with the House in their said resolution. 1 

The petitions of James (or John) McCullough.— of Ezekiel Cole & 
others,— of Henry Wait & others,— of Abel Johnson Jun. with an order 
on each to refer the same to the joint Committee on the petition of 
Thomas Ward, were rec d - and severally read, and thereupon, Resolved, 
To concur in said reference. 

Petitions of Stephen and Elihu Royce for a toll bridge over Missisque 
River, and of Augustus Johnson for an alteration of his grant of a ferry, 
with an order on each to refer the same to the joint Committee on the 
petition of Benjamin Bell, were received and read, and thereupon it was 
Resolved, To concur in the said reference. 

Petitions of Samuel Peckham and Clark Rogers with an order to refer 
the same to the joint Committee on the petition of Adget Lathrop, was 
received from the H. of Rep 8 - and read, and thereupon Resolved, To 
concur in said reference. 

Petition of the Administrators of David B. Hunt, with an order to 
refer the same to the joint Committee on the petition of Abel Tomlin- 
son, was rec d - from the House and read, and thereupon it was Resolved, 
To concur in said reference. 

*By act of JSTov. 9 1812, the noncommissioned officers, musicians and 
privates detached for U. S. service previous to the date of the. act, were 
entitled to $3.34 per month from the State treasury as extra pay. The 
purpose of the above investigation was to detect alleged frauds in allow- 
ances of extra pay. The committee reported that orders to an amount 
exceeding $2000, which had been paid, were manifest forgeries. See 
printed Assembly Journal of 1814, p. 161. The persons defrauded were 
subsequently paid by the state. 



Governor and Council — October 1814. 69 

Petitions of Joel Conkey, and of William P. Graham, with an order on 
each to refer the same to the joint Committee of New Trials, were re- 
ceived from the House and read, and thereupon Kesolved, To concur in 
said reference. 

Petition of the Winooski Turnpike Company for leave to alter their 
road, with an order of the H. of Representatives to refer the same to the 
joint Turnpike Committee, was rec d - and read, & thereupon Resolved, 
To concur in the reference. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— Council met pursuant to adjournment. 

The petitions of John McClure,— of Harry Hale,— of Ebenezer Wins- 
low, — of Daniel Reed, — of Foster Paddock, — of the Overseers of the 
Poor in Berkshire,— of Christopher Roberts,— of the first Constable of 
St. Albans,— of Issachar Reed,— of Samuel Kent and others, — of Baruck 
Bolster, and an account of Timothy F. Chipman, with an order on each 
to refer the same to the joint Committee of New Trials, were received 
from the House of Rep 8 - and read, and thereupon, Resolved, To concur 
in the said reference. . 

The petitions of Caleb Whipple,— of Thomas Lathrop,— of Sylvanus 
Brigham, — of Samuel Campbell, — of Nathaniel Barton, — of Joshua Lil- 
ley,— of Nathan Parks,— of Samuel Barlow.— of Riley Richmond, — of 
John S. Gallup,— of Caleb Fisk — of Joseph S. Sternes,— of Walter M. 
Spooner,— of Samuel Thompson, and of William & Jeremiah Meacham, 
were received from the House of Representatives, with an order on each 
to refer the same to the joint Committee of Suspensions: Whereupon, 
Resolved, To concur in the said reference. 

The petitions of Peleg Kingsley & Co. and of Roswell Bellows, were 
received from the House of Representatives with an order on each to 
refer the same to the joint committee of New trials: Whereupon, Re- 
solved, To concur in said reference. 

Petitions of Solon Dyer & others, — of Windham Turnpike Company, 
— of William Baxter & others, for a turnpike from Brownington to Sut- 
ton, — of Reuben Bigelow cV others for a turnpike from Peru to Manches- 
ter, — of Silas Pond & others, — of the Fairhaven Turnpike Company, — 
of Jonathan Robinson and James May, were received from the House 
of Representatives with an order on each to refer the same to the joint 
Turnpike Committee: Whereupon, Resolved, To concur in the said ref- 
erence. 

Petitions of Frank Priest & others, — of Alexander Delano & others, 
— of Robert Douglass & others, — of Abner Perry and others, — of Asahel 
Smith & others, & of Jonathan Hurd Jun. & others with an order of the 
H. of Representatives on each to refer the same to the joint Military 
Committee, were received, and thereupon it was Resolved, to concur in 
the said reference. 

Petition of the Inhabitants of Greensborough for a land tax, with an 
order of the House to refer the same to the first land tax Committee, 
was rec d - and thereupon Resolved, to concur in the said reference. 

The petitions of Andrew Dodge, and of Joseph Simpson and John 
Willey Jun. were received from the House with an order to refer the 
same to the joint Committee on the petition of Thomas Ward, and there- 
upon Resolved, To concur in said reference. 

The petitions of John Seaver & others,— of Jacob Ashton & others,— 
and of W m - H. Williams with an order to refer the same to the joint Com- 
mittee of Manufactures; and thereupon Resolved, To concur in the 
order of reference. 

Received from the House of Representatives the following resolution, 
viz. 



70 Governor and Council — October 1814. 

" In General Assembly Oct. 17, 1814. 

Resolved, the Governor & Council concurring herein, that the two 
Houses meet in County Conventions, on Tuesday the 18th instant, at 
four o'clock in the afternoon, for the purpose of making their nomina- 
tion of County officers, and that they meet in joint Committee in the 
Representatives' Room, at the opening of the House on Wednesday 
morning next, for the purpose of electing such officers." Which being 
read, Resolved, To concur with the House in their said resolution. 

Adjourned to 9 o'clock tomorrow morning. 



Tuesday October 18, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Petition of Mary Beach was rec d - from the House of Representatives 
with an order to refer the same to a committee of two to join from 
Council: Which being read, Resolved, To join in said reference: And 
Mr. Dana was appointed on the part of Council. % 

Petition of Otis Clark & others to be exempted from bearing arms 
was received from the House with an order to refer the same to a com- 
mittee of two to join from Council: Which being read, Resolved, To 
join in said reference; and Mr. Chandler was appointed to join said 
Committee from Council. 

A bill, entitled "An act for the relief of Elijah Stanley," was rec d - with 
an order of the House to refer the same to a Committee of two to join 
from Council: Whereupon, Resolved, That Mr. Stevens be appointed to 
join said committee. 

Petition^ of Gardner Barton & others, and of Bethel Manufacturing 
Company were received from the House with an order on each to refer 
the same to the joint Committee of Manufactures: Whereupon, Re- 
solved, To concur in the said reference. 

Petition of the Inhabitants of Northfield for a land tax, with an order 
of the House to refer the same to the second land tax Committee, was 
rec d - and thereupon it was Resolved, To concur in the said reference. 

A bill entitled " An act repealing an act directing the deed of Job & 
Theoda Wood to be given in evidence," referred from the last session, 
was rec d - from the House with an order to refer the same to a commit- 
tee of two, to join from Council: Whereupon it was Resolved, that Mr. 
Willoby be appointed to join said Committee. 

Petition of the Selectmen of Coventry for a land tax was rec d - with 
an order of the House to refer the same to the third land tax Commit- 
tee: Whereupon Resolved, To concur in said reference. 

Petition of the Inhabitants of Brookfield, with an order to refer the 
same to a Committee of four to join from Council, was received and 
read, and thereupon Resolved, To join, and Mr. Hubbard was appointed 
on the part of Council. 

Petition of Jerusha Robinson, with an order to refer the same to the 
joint Committee on the bill entitled "An act repealing an act directing 
the deed of Job and Theoda Wood to be given in evidence," was re- 
ceived; and thereupon Resolved, To concur in said reference. 

Petition of the Selectmen of Pawlet to be remunerated for the ex- 
pences of a lawsuit, with an order of the House to refer the same to a 
committee of four to join from Council, was received & read, and there- 
upon Resolved, To join in said reference ; and Mr. Willoby was ap- 
pointed for that purpose. 

Petition of sundry Inhabitants of Windsor to have the town divided, 
with an order to refer the same to a Committee of one from each County 



Governor and Council — October 1814. 71 

to join from Council, was received and read; and thereupon Resolved, 
To join in said reference, and His Honor the Lt. Governor & Mr. Painter 
were appointed for that purpose. Remonstrance of sundry Inhabitants 
of Windsor against the foregoing petition with an order to refer the 
same to the Committee on said petition was received & read and there- 
upon Resolved, To concur in said reference. 

Petition of George Peck and others, with an order of the House to re- 
fer the same to a Committee of two to join from Council, was received ; 
and thereupon Resolved, To join ; and Mr. Dana was appointed for that 
purpose. 

A bill entitled "An act annexing a part of Philadelphia to Goshen," 
with an order to refer the same to a Committee of four to join from 
Council, was rec d - from the House of Representatives, and thereupon 
Resolved, To join in said reference, and Mr. Baylies was appointed for 
that purpose. 

A bill entitled "An act appropriating the County Grammar School 
lands in Franklin County," was received from the House of Representa- 
tives with an order to refer the same to a committee of two to join from 
Council : Whereupon Resolved, That Mr. Stevens be appointed to join 
said Committee from the House. 

Petition of Jacob Winn, with an order of the House to refer the same 
to the joint Committee on the bill for the relief of Elisha Stanley, was 
received : And thereupon Resolved To concur in the said reference. 

A bill entitled "An act directing the mode of taking depositions to be 
used before the Canvassing Committee," with an order of the House to 
refer the same to a select Committee of two to join from Council, was 
received ; & thereupon Resolved, That Mr. Butler be appointed to join 
said Committee of the House. 

Rec d - from the House of Representatives the petition of Thomas Boy- 
den, also a bill entitled "An act in addition to an act entitled an act di- 
recting the mode of detaching the militia," with an order on each to refer 
the same to the joint Military Committee : Whereupon it was Resolved, 
To concur. 

Rec d - from the House of Representatives the petitions of Carver 
Bates, — of Serenus Swift, — of Caleb Wrisley, — of Jonathan Woodbury, — 
of Livy Lawton, and a bill entitled "An act freeing the body of Timothy 
Hinman from arrest and imprisonment for the term of two years," with 
an order of the House on each to refer the same to the joint Committee 
of Suspensions : Whereupon Resolved, To concur with the House in 
their said reference. 

Rec d from the House of Representatives the petitions of Samuel Mix, 
—of Joseph Bostwick and of William Fay, with an order on each to refer 
the same to the joint Committee of Claims : Whereupon Resolved, To 
concur in the said reference without reading. 

Rec d - from the House of Representatives the petition of several of the 
Inhabitants of the County of Franklin, also a bill entitled "An act alter- 
ing the toll of West River Bridge Company," with an an order on each 
to refer the same to the joint Turnpike Committee ; and thereupon Re- 
solved, To concur in the said reference. 

Rec d - the petitions of Wallis and John Mott, also a bill entitled "an 
act granting to George Deming the exclusive right of keeping a ferry 
from Burlington to Plattsburgh," with an order of the House of Repre- 
sentatives on each to refer the same to the joint Committee on the peti- 
tion of Benjamin Bell : Whereupon it was Resolved, To concur in the 
said reference. 

Petition of Increase Graves was received with an order of the House 



72 Governor and Council — October 1814. 

to refer the same to the joint Committee on the petition of Thomas 
Ward : Whereupon Resolved, To concur in the said reference. 

Petition of sundry Inhabitants of Pawlet to be annexed to Benning- 
ton County, with an order to refer the same to a Committee of four to 
join from Council, was received: And thereupon Resolved, To join in 
said reference: and Mr. Painter was appointed for that purpose. 

Petition of the Inhabitants of the Town of Concord with an order of 
the House of Representatives to refer the same to the joint Committee 
on the petition of the Inhabitants of Pawlet, was received: and there- 
upon it was Resolved, To concur with the House in their said reference. 

Rec d - from the House an engrossed bill sent up for concurrence, enti- 
tled "An act altering the name of Silas Hoar to Silas Haws," which be- 
ing read, Resolved, To concur in passing the same into a law. 

Rec d - from the House of Representatives the following resolution, viz. 

" In General Assembly Oct. 17, 1814. 

Resolved, That the part of the Governor's speech which relates to the 
brilliant achievement & heroic conduct of Commodore McDonough, 
Generals Strong & Macomb, and their intrepid associates, on Lake 
Champlain and at Plattsburgh, be committed to a Committee of four 
from this House to join with such as the Governor and Council may 
appoint, and report by bill or otherwise:" Which being read, Resolved, 
To concur with the House in their said resolution; & Mr. Hall was ap- 
pointed to join. 

Rec d - from the House of Representatives the following resolution: 

" In General Assembly Oct. 18, 1814. 

Resolved, the Governor and Council concurring herein, that both 
Houses convene in the Representatives' Room at 2 o'clock P. M. this 
day, for the purpose of electing Visitors of the Vermont State Prison 
for the year ensuing:" Which being read, Resolved, To concur with the 
House in their said resolution. 

A petition of the commissioned Military officers of Warren to be 
added to the fourth division, and a petition of the officers of the fourth 
regiment of the first brigade in the fourth division of the militia for the 
same purpose, were presented to [by] His Excellency and read : Where- 
upon, on motion, Resolved, That said petitions be referred to a Committee 
of three members to make report. Committee chosen, His Honor the 
Lt. Governor Messrs. Stevens & Willoby. 

Adjourned to 2 o'clock P. M. 

2 o'clock P. M.— Council met pursuant to adjournment. 

Hon. Moses Robinson appeared in Council, took and subscribed the 
oaths of office and took his seat. 

Petition of the heirs of David Miller, with an order of the House to 
refer the same to a Committee of four to join from Council, was received, 
and thereupon Resolved, That [Mr.] Miller be appointed to join said 
Committee. Remonstrance of the widow & heirs of David Miller was 
rec d - from the House with an order to refer the same to the joint com- 
mittee on the petition of the heirs of David Miller: and it was Re- 
solved, To concur in the said reference. 

Petition of Samuel H. Holley & others was received from the House 
with an order on the same to refer it to a committee of four to join from 
Council: And it was Resolved, To join in said reference; and Mr. Rob- 
inson was appointed for that purpose. 

Rec d - from the House of Representatives a bill entitled "An act direct- 
ing the Treasurer to pay Edward Fitield the sum therein mentioned." 
with an order to refer the same to the joint Committee on the petition 



Governor and Council — October 1814. 73 

of Samuel H. Holley & others: Whereupon Resolved, To concur in the 
said reference. 

Petitions of Oliver Frizzle and of Samuel Chamberlain were received 
from the House of Representatives with an order on each to refer the 
same to the joint Committee of Claims: And it was Resolved, To con- 
cur in the said reference. 

Petition of Charles Billings with an order of the House of Represent- 
atives to refer the same to the joint Committee of Suspensions : And 
thereupon Resolved, To concur in the said reference. 

Petition of Seth Hammond and others with an order of the House of 
Representatives to refer the same to the joint military Committee, was 
received, and thereupon Resolved, To concur in said reference. 

Rec d - from the House of Representatives a resolution appointing two 
o'clock this afternoon a time for both Houses to meet in joint Commit- 
tee for the purpose of choosing a trustee of the University of Vermont 
in the room of the Hon. William C. Harrington deceased, [which was 
concurred in.] 

Agreeably to the concurrent resolution for that purpose, the Governor 
& Council proceeded to the Representatives' Room to meet the House 
in joint Committee. When, by joint ballot of both Houses, Nahum 
Trask, William Leverett and Abner Forbes Esquires were dulv elected 
Visitors to the State's Prison for the year ensuing: And Rev. Asa Lyon 
was duly chosen Trustee of the University of Vermont. Which being 
completed His Excellency the Governor and the Hon. Council returned 
to their chamber. 

Adjourned to 9 o'clock tomorrow morning. 



Wednesday October 19, 1814. 9 o'clock A. M. 

Council met pursuant to adjournment. 

Received from the General Assembly the following resolution: 

" In General Assembly October 17, 1814. 

Resolved, That a Committee of four from this House be raised to join 
from Council to take into consideration that part of the Governor's 
Speech which relates to raising a volunteer corps, and report by bill or 
otherwise," with an order to refer the same to the joint military Commit- 
tee: Which being read, Resolved, To concur in the said reference. 

Petitions of Warren Ellis, and of Joshua Pratt, with an order of the 
House of representatives on each to refer the same to the joint commit- 
tee on the petition of Thomas Ward, were received, and thereupon Re- 
solved, To concur in the said reference. 

Petitions of the Selectmen of Danville, and of the Selectmen of Mid- 
dlesex, with an order on each to refer the same to the joint Committee 
of Claims, were received, and thereupon it was Resolved, To concur in 
the said reference. 

Petitions of Leonard Farwell, and of the Connecticut River Turnpike 
Company, with an order on each to refer the same to the joint Turnpike 
Committee, were received from the House of Representatives ; and it 
was Resolved, To concur in said reference. 

Petition of George Dyer Jun. and of Ichabod Peck, with an order on 
each to refer the same t*> the joint Committee of Suspensions, were re- 
ceived from the House and thereupon Resolved, To concur in the said 
reference. 

Rec d - from the House of Representatives the following engrossed bills 
sent up for concurrence, viz. "An act altering the name of Hiram Shep- 
herd to Hiram Doolittle," and "An act altering the name of John Tyler 



74 Governor and Council — October 1814. 

to John Steele Tyler." Which being read, Resolved, To concur with 
the House of Representatives in passing the same into laws. 

Petition of Charles Hale for an artillery Company, with an order to 
refer the same to the joint Military Committee, were [was] received: 
and on motion Resolved, To concur in the reference without reading. 

At nine o'clock the Governor & Council, pursuant to a joint resolu- 
tion for that purpose, proceeded to the Representatives' Room to join 
the House in joint Committee for the purpose of electing County Offi- 
cers. After proceeding in the business the joint Committee adjourned 
until 9 o'clock tomorrow morning : and the Governor and Council re- 
turned to their chamber. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

The petition of Addison Stewart, a convict in the State's prison, for a 
pardon, being called [up] and read, On motion Resolved, That the prayer 
of the petition be granted, by yeas and nays, as follows — Teas— Messrs. 
Painter, Miller, Hubbard, Willoby, Dana, Baylies, Butler, Stevens, Hall 
and Robinson. Hays— none. And that His Excellency the Governor 
be requested to issue a pardon to the said Addison Stewart in due form 
of law. 

The petition of David Lewis, alias Jonathan Babcock, a convict in the 
State's prison, for a pardon, being called up and read, On motion Re- 
solved, That the prayer of the petition be granted, by yeas and nays as 
follows: Yeas, His Honor the Lt. Governor, Messrs. Painter, Miller, 
Hubbard, Willoby, Dana, Baylies', Butler, Chandler, Stevens, Hall, & 
Robinson; Nays — none. 

Adjourned to 9 o'clock tomorrow morning. 



Thursday October 20, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Pursuant to adjournment, the Governor and Council proceeded to the 
Representatives' Room to meet in joint committee for the choice of 
County Officers. After proceeding in their business the Committee 
again adjourned to 2 o'clock this afternoon; and the Governor and Coun- 
cil returned to their chamber. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Mr. Miller requested to be discharged from the Committee on the pe- 
tition of the Heirs of David Miller; and thereupon Resolved, That he be 
discharged from said Committee: And Mr. Baylies was appointed in his 
room. 

Pursuant to the adjournment of the joint Committee of both Houses, 
the Governor & Council proceeded to the Representatives' Room to join 
the General Assembly for the purpose of choosing County officers. 
After proceeding [in] the business the joint Committee again adjourned, 
and the Governor & Council returned to their Chamber. 

Petitions of Estes Barker,— of William Avery, — of Moody Rich, — of 
Selectmen of Cauaan, — of Jeremiah Bingham Jun. & of David Hibbard 
Jun., with an order of the House of Representatives on each referring 
the same to the joint Committee of Claims, were received: And there- 
upon it was Resolved, To concur in the said reference. 

Petitions of Stephen Putnam, — of Reuben Washburn, — of Richard 
Hill, — of John Foster & others, — of John Hacket & others, — of Isaac 
Hibbard & others, — of Nathaniel Woodward &' others, — of Danforth 



Governor and Council — October 1814. 75 

Ainsworth,— of Selectmen of Waterbury, — of Henry Olin and of William 
Prescott, with an order of the House of Representatives on each referring 
the same to the joint committee on the petition of Thomas Ward, were 
received: and thereupon Resolved, To concur in the said reference. 

Petitions of the Green Mountain Turnpike Company — of Moses 
Strong, William Page & others— of the Northern Turnpike Company, — 
of Hosea Williams & others, — of Robert Paddock and others— of Hors- 
ley Hall and the remonstrance of the Inhabitants of Rockingham, with 
an order on each to refer the same to the joint Turnpike Committee, 
were received; & thereupon Resolved, To concur in the said reference. 

Petitions of Benjamin Newall, and of Alpheus Hall & others, with an 
order of the House of Representatives on each referring the same to the 
joint Committee on the petition of Benjamin Bell, were received, and 
on motion Resolved, To concur in the said reference without reading. 

Petitions of Peleg Kingsley, and of John Guild and others, with an 
order of the House of Representatives to refer the same to the joint 
committee of Manufactures, were rec d - and on motion Resolved, To con- 
cur with the House in their order of reference without reading. 

Petitions of Silas Hathaway, and of Jonas Philips Jun. with an order 
of the House to refer the same to the joint Committee of Suspensions, 
were received, and on motion Resolved, To concur in the said order of 
reference without reading. 

Petitions of the Inhabitants of Worcester, and of the Inhabitants of 
Wolcott, with an order on each to refer the same to the third land tax 
Committee, were received from the House of Representatives: And on 
motion Resolved, To concur in the said order of reference without 
reading. 

Petition of John Shaw and Josiah Wood with an order to refer the 
same to the 2 d land Tax Committee was received from the House of 
Representatives: And on motion Resolved, To concur in the said refer- 
ence. 

Petition of Elijah Ferguson and Sarah Pierce, with an order on the 
same to refer it to the joint Committee on the petition of Abel Tomlin- 
son, was rec d - from the House of Representatives: And on motion Re- 
solved, To concur in said reference without reading. 

Petition of Heraldus Esterbrooks & others, with an order to refer the 
same to the joint Military Committee, was received from the House of 
Representatives: And on motion Resolved, To concur in the said refer- 
ence without reading. 

Petition of Lemuel Buck for a new trial, with an order of the House 
of Representatives referring the same to the joint Committee of New 
Trials, was received and on motion Resolved, To concur in said refer- 
ence. 

A Statement of the Visitors of the Vermont State's Prison, with an 
order of the House of Representatives to refer the same to a committee 
of four to join from Council, was received, And on motion Resolved, To 
join in said reference: And Mr. Robinson was appointed for that pur- 
pose. 

Petition of the President and Fellows of Middlebury College was 
received from the House of Representatives with an order to refer the 
same to a committee of six to join from Council : Which being read, 
Resolved, To join in said reference with a Committee of three from 
Council : And His Hon. the Lt. Gov. to nominate them. Messrs. Hall, 
Baylies and Chandler were accordingly appointed. 

Received from the House of Representatives the following resolution, 
viz. 



76 Governor and Council — October 1 814. 

" In General Assembly October 18, 1814. 

Resolved, that a Committee of four members be appointed from this 
House to join auch committee as the Council may appoint to enquire 
into the reasons why the Corporation of the University of the State of 
Vermont have neglected to make the annual report to the legislature 
agreeably to a law passed- November 2 d - 1810, and report to this House." 
Which being read, Resolved, To join said Committee ; and Mr. Butler 
was accordingly appointed. 

Adjourned to 9 o'clock A. M. tomorrow. 



Friday October 21, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Hon. G. Painter moved for leave of absence, and thereupon Resolved, 
That leave be granted. 

Mr. Butler requested to be discharged from the committee on the 
petition of Thomas Ward, and on motion Resolved, That he be dis- 
charged : And Mr. Baylies was appointed in his room. 

On motion Resolved, That Mr. Dana be appointed on the Committee 
on the petition of the Inhabitants of Pawlettin the room of Mr. Painter. 

On motion Resolved, That Mr. Willoby be appointed on the Commit- 
tee of Suspensions in the room of Mr. Painter. 

Petitions of Elisha Baker, — of.Selectmen of Waitsfield, — of Selectmen 
of Stowe, — of Israel Howe Jun. — William Montgomery — Holden Put- 
nam and others — and of Samuel Bixby, with an order of the House of 
Representatives on each to refer the same to the joint committee on the 
petition of Thomas Ward, were received : And on motion Resolved, To 
concur in the said reference without reading. 

Petitions of Joseph Call,— of Amos Staples and of Eliakim Hawks, 
with an order of the House of Representatives on each to refer the same 
to the joint Committee of Claims, were received, and on motion Re- 
solved, To concur in the reference without reading. 

Petitions of Richard Holding and of Alexander Campbell, with an order 
of the House of Representatives on each to refer the same to the joint 
Committee of Suspensions, were received, and on motion Resolved to 
concur in said reference without reading. 

Petitions of John Ferguson aud Jeremiah Prior, with an order on 
each to refer the same to the joint Committee of Suspensions, were re- 
ceived from the House of Representatives, and on motion Resolved, To 
concur in said reference without reading. 

Petitions of William Hanson and others, and of the Inhabitants of 
Starksborough, with an order to refer the same to the 2 d joint Commit- 
tee for Land Taxes, were received from the House of Representatives, 
and on motion Resolved, To concur in said reference without reading. 

Petition of Reuben Evarts and others was received from the House of 
Representatives with an order on the same to refer it to the joint Com- 
mittee on the petition of Benjamin Bull, and on motion Resolved, To 
concur in said reference without reading. 

The petition of Ebenezer Stowell was received from the House of 
Representatives, with an order to refer the same to the Joint Committee 
of Manufactures ; and on motion Resolved, to concur in said reference. 

Petition of Middlebury Turnpike Company was received from the 
House with an order to refer the same to the joint turnpike Committee, 
and on motion Resolved, To concur in the said refereuce. 

The petitions of John Ferguson and Benjamin James, with an order 
of the House to refer the same to a Committee of two to join from 



Governor and Council — October 1814. 77 

Council, was received and read, and thereupon Resolved, To join said 
Committee : And Mr. Robinson was appointed for that purpose. 

The petition of David Page Jun. with an order to refer the same to a 
Committee of two to join from Council, was received from the House 
and read: And thereupon Resolved, To join said Committee: and Mr. 
Hall was accordingly appointed from Council. 

The petition of Sam 1 - Wetherbee, with an order of the House to refer 
the same to a Committee of two to join from Council, was received and 
read, and thereupon Resolved, To join said Committee: and Mr. Robin- 
son was appointed on said Committee for that purpose. 

The petitions of John Burroughs, and of Levi Noble, convicts in the 
State's prison, for pardon, — also the petition of Worthy Beeman and oth- 
ers for leave to culist and serve in the army of the United States the 
remainder of their term of confinement, was called up, read and on mo- 
tion Resolved, That the same be dismissed. 

The petitions of Alexander McLaughlin and Adolphus P. Wood, con- 
victs in the State's Prison, were called up, read and on motion Ordered 
to lie on the table. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The Governor and Council met pursuant to ad- 
journment. 

Received from the House of Representatives the following resolution: 
" In General Assembly, October 21,.1814. 

Resolved, His Excellency the Governor and the Hon. Council concur- 
ring herein, that the two houses meet in joint Committee in the Repre- 
sentatives' Room this day at three O'clock P. M. to elect a Major Gen- 
eral of the third division of the militia of this State." Which being read, 
Resolved, To concur with the House in their said resolution. 1 

Petitions of Woodward Berry— of Elijah Foot and of Daniel Dana, 
with an order on each to refer the same to the joint Committee of 
Claims, and sent up for concurrence, were received from the House: 
And on motion Resolved, To concur in the said reference. 

Petition of Jonathan Ware, with an order of the House to refer the 
same to the joint Committee of Suspensions, was received; and on mo- 
tion Resolved, To concur in said reference without reading. 

Petition of Moses George, with an order to refer the same to the joint 
Committee on the petition of Thomas Ward, was received from the 
House of Representatives: And on motion Resolved, To concur in said 
reference without reading. 

Petitions of David Sheffield — and of Samuel I. Mott, convicts in the 
State's prison, for a pardon, was [were] called up and read and on mo- 
tion Ordered to lie on the table. 

Petitions of Abiathar Smith, and of Alexander Palmer, convicts, for 
a pardon, were called up and on motion Ordered, To be dismissed. • 

Adjourned to 9 o'clock tomorrow morning. 



Saturday, October 22 d - 1814. 9 O'clock A. M. 
Council met pursuant to adjournment. 

Rec d - from the House of Representatives the following resolution for 
concurrence, viz. 

" In General Assembly October 21, 1814. 

Resolved, That the Military Committee be directed to enquire into 
the expediency of passing a law prohibiting officers of the militia com- 

1 Samuel Strong was elected unanimously. 



78 Governor and Council — October 1814. 

panies in this State treating their soldiers on training or muster days, 
and that said Committee report by bill or otherwise." Which being 
read, Resolved, To concur with the House in their said resolution. 

On motion of Mr. Dana, Resolved, That he be discharged from the 
Committee on the petition of the Inhabitants of Pawlett : And Mr. 
Stevens was appointed in his room. 

Certain communications from the Governors of Tennessee and Penn- 
sylvania to His Excellency the Governor of this State, proposing an 
amendment to the constitution of the United States, & communicated 
by His Excellency to the House of Representatives, were sent up with 
an order to refer the same to a Committee of four to join from Council : 
Which being read, Resolved, To join in said reference. And Mr. Hall 
was appointed for that purpose. 

Received from the House a bill entitled "An act relating to advertise- 
ments," with an order to refer the same to a Committee of four to join 
from Council : Which being read, Resolved, To join in said reference ; 
and Mr. Ellsworth was appointed for that purpose. 

Rec d - from the House a bill for a road from Montpelier to Middlebury, 
with an order to refer the same to a Committee of four to join from 
Council : Which was read and thereupon Resolved, To join in said 
reference ; and Mr. Hubbard was appointed for that purpose. 

Petition of the Selectmen of Richford, with an order of the House to 
refer the same to a committee of two to join from Council, with instruc- 
tions to report a general bill providing for this and all like claims, if 
they deem proper, was received and thereupon Resolved, To join in said 
reference ; and Mr. Robinson was appointed on said Committee. 

An account from the selectmen of South Hero for furnishing the 
detached militia in 1812, with an order of the House to refer the same 
to the joint Committee on the petition of the Selectmen of Richford, 
was received and on motion Resolved, To concur in said reference. 

Petitions of Robert Morse — of John Mattocks — of Aaron Wesson — of 
Benjamin H. Farmer and of Robert White, with an order on each to 
refer the same to the joint Committee on the petition of Thomas Ward, 
were received from the House of Representatives : And on motion Re- 
solved, To concur in said reference. 

The petitions of Samuel Benham — of John G. Woodward — of Asa 
Blood — of John Martin — of Ebenezer Burt — of Henry Pitch — of John 
P. Hill— of Samuel Blackburn— of Benjamin Hinman — of Stephen Mc 
Connell — of Micah Ford — of John Slone — of Joseph Whitney — of Eben- 
ezer Young — of John Bixby— of Elisha Moore — of John Church Jun. — 
of Samuel Stevens — of Samuel E. Godfrey — of Robert Mentor — of Jona- 
than Gilman — of Esther Mentor — and of David McKellips, convicts in 
the State's prison, were called up and on motion Ordered, That they be 
dismissed. 

Petitions of Caleb Graham— of William Allen and of Joseph Bevens 
were called up, read, and Ordered to lie on the table. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 
Adjourned to 9 o'clock Monday Morning next. 



Monday 24 October 1814. 9 O'clock A. M. 
Council met pursuant to adjournment. 

Rec d - from the House of Representatives the following resolution for 
concurrence, viz. 



Governor and Council — October 1814. 79 

" In General Assembly, October 22, 1814. 

Resolved, That the Committee appointed on that part of His Excel- 
lency's Speech which relates to Commodore McDonough, the illustrious 
Hero of Lake Champlain, be instructed to enquire into the expediency 
of making him a grant Q f a certain tract or farm of land, belonging to this 
State, formerly the estate of Melaucthon Wolsey, lying near Cumberland 
Head in the State of New York, in full view of the late naval conflicts, 
as a reward for his meritorious services : and that they report by bill or 
otherwise." Which being read, Resolved, To concur in the said resolution. 

An account of Job Lyman, Auditor of accounts against this State, 
was received from the House of Representatives with an order to refer 
the same to the joint Committee of Claims. Which being read, Re- 
solved, To concur in said reference. 

Petition of Adolphus P. Wood, a convict in the State's prison, for a 
pardon, was called up and read, and on motion Resolved, That the prayer 
of the petition be granted, and that His Excellency be requested to issue 
a pardon to the said Wood in due form of law, by yeas and nays as follows, 
viz. Yeas, His Honor Lt. Governor Chamberlain, Messrs. Miller, Hub- 
bard, Ellsworth, Willoby, Dana, Butler, Chandler, Hall, & Robinson. 
Nays, None. 

The petition of Samuel I. Mott, a convict in the State's prison, for a 
pardon, was called up, read and on motion Resolved, That the petition 
be dismissed. 

The petitions of David Sheffield — of Alexander McLaughlin— of 
William Allen— of Caleb Graham — of Joseph Bevens, convicts in the 
State's Prison, for a pardon, were severally called up, read and on mo- 
tion Ordered, That they be dismissed. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M.— Council met pursuant to adjournment. 

Received from the House of Representatives the petition of John S. 
Gallup, and the report of the Committee thereon, with an order of that 
House that the same be recommitted: Which being read, Resolved, To 
concur in the order of recommitment. 

Adjourned to 9 o'clock tomorrow morning. 



Tuesday October 25, 1814. 9 o'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of Representatives the following resolution, 
sent up for concurrence, viz. Resolved, the Governor and Council con- 
curring herein, that the two Houses meet in joint Committee in the 
Representatives' Room tomorrow afternoon at three o'clock to elect 
Judges of the Supreme Court for the year ensuing: Whjch being read, 
Resolved, To concur in the said resolution. 

Rec d - from the House a bill entitled " An act repealing an act direct- 
ing the deed of Job & Theoda Wood to be given in evidence," engrossed 
and sent up for concurrence: Which being read, Resolved, To concur in 
passing the same into a law. 

Rec d - from the House the following resolution, sent up for concur- 
rence, viz. 

" In General Assembly Oct. 25, 1814. 

Resolved, the Governor and Council concurring herein, that the two 
Houses meet in their respective rooms this day at two o'clock afternoon, 
and then & there proceed to ballot for a person as a Senator to repre- 
sent this State in the Senate of the United States for six years from and 



80 Governor and Council — October 1814. 

after the third day of March next: and that immediately afterwards the 
two Houses meet in the Representatives' Room to declare the person 
elected, and if the two Houses do not agree on the same person, that 
they proceed by joint ballot to elect a Senator as aforesaid:"' Which be- 
ing read, Resolved, To concur with the House in their aforesaid resolu- 
tion. 

His Excellency the Governor communicated to the Council a letter 
from the Secretary of War of the United States, and one from Charles 
J. Nourse, Asst. Adjutant General of the Army of the United States, in 
the latter of which is the following clause: 

" It is the wish of the government, that two thousand of the militia 
" of your State should be drafted and organized for immediate service, 
" subject to the call, when necessary, of the Commanding Officer in this 
" quarter. There are arms at Montpelier from which such as may be 
" without can be furnished." 

Which being read, His Excellency proposed to the Council for their 
consideration and advice, viz. u Can the militia, when called into actual 
"service, be legally commanded by any officers, except such as are ap- 
" pointed by this State ?" Whereupon, on motion Resolved. That a Com- 
mittee of three be appointed to take the question into consideration and 
make report. Committee appointed, His Hon. Gov. Chamberlain, 
Messrs. Hall & Baylies. 

Rec d - from the House the following resolution, sent up for concur- 
rence, viz. 

" In General Assembly October 25 [24,] 1814. 

Resolved, That one member from each of the Counties of Windham, 
Windsor, Orange, Caledonia, Orleans, Essex, and Jefferson be appointed 
to join such Committee as the Governor and Council may appoint to 
take into consideration the expediency of altering or reversing the ses- 
sions of the eastern circuit of Supreme Court, so that the said circuit 
may begin its session in the northern county [counties,] and report by 
bill or otherwise." Which being read, Resolved, To join said Commit- 
tee, and Messrs. Chandler, Stevens and Dana were appointed for that 
purpose. 

Petition of David Page Jun. with an order to refer the same to a 
Committee of four to join &c. was rec d - and on motion Resolved, To join 
in said reference, and Mr. Butler was appointed on said Committee from 
Council. 

Rec d - from the House a bill entitled "An act in addition to and altera- 
tion of an act entitled an act incorporating certain persons therein 
named by the name of the Green Mountain Turnpike Company," with 
an order on the same to refer the same to a Committee of four to join 
from Council : And on motion Resolved, To join in said reference : and 
Mr. Miller was appointed for that purpose. 

Rec d - from the House of Representatives the petition of Jonathan 
Dorr Jun. and "an act directing the Treasurer to credit and pay the 
town of Danville the sum therein mentioned," with an order on each to 
refer the same to the joint Committee of Claims : And on motion Re- 
solved, To concur in the said reference. 

Petition of Zebediah Thompson, with an order to refer the same to 
the joint Committee on the petition of Thomas Ward, was received from 
the House : And on motion Resolved, To concur in said reference. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 
Mr. Edmond appeared in Council Chamber and informed the Gov- 
ernor and Council that the House of Representatives were ready to pro- 



Governor and Council — October 1814. 81 

ceed to ballot for Senator, agreeably to the concurrent resolution of both 
Houses. On motion Ordered, That the Secretary notify the House that 
the Governor ^nd Council are ready to proceed to ballot for a Senator 
to represent this State in the Congress of the United States, agreeably 
to the concurrent resolution of both Houses. 

Resolved, That the Council do now proceed to ballot for some suitable 
person, as senator to represent this State in the Congress 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 and counted, the Hon. Isaac Tichenor had a majority of 
all the votes, and was declared duly elected on the part of the Council. 

Mr. Edmond from the House of Representatives appeared in the 
Council Chamber and informed the Governor and Council that the 
House had completed their balloting for Senator agreeably to the con- 
current resolution of both Houses, and request the attendance of the 
Governor & Council in the Representatives' Room for the purpose of 
comparing nominations and proceeding according to law. 

The Governor and Council accordingly [proceeded] to the Representa- 
tives' Room : When the above proceedings of the Governor and Council 
were read by the Secretary: and the proceedings of the House were read 
as follows, viz. 

" In General Assembly October 25, 1815. 

Pursuant to a concurrent resolution of both Houses of this morning, 
the General Assembly proceeded to ballot for a person to represent this 
State in the Senate of the United States for [the] term of six years from 
and after the third day of March next. The ballots being taken, sorted 
and counted, the Hon. Isaac Tichenor was duly elected on the part of 
the House. 

Extract from the Journals. Attest, W. D. Smith Clerk." 

Whereupon proclamation was duly made, that the Hon. Isaac Tich- 
enor is elected 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. 

The Governor and Council then met the House of Representatives in 
joint Committee, agreeably to the concurrent resolution of both Houses 
for the purpose of electing judges of the Supreme Court of Judicature 
and Court of Chancery of this State for the year ensuing. The ballots 
being taken, sorted and counted, it appeared that the Hon. Nathaniel 
Chipman was elected Chief Judge, and the Hon. Daniel Farrand and 
Jonathan H. Hubbard Side or Assistant Judges. The Governor & 
Council then returned to their Chamber. 

Rec d - from the House of Representatives the following bills, engrossed 
and sent up for concurrence, viz. "An act to repeal an act therein men- 
tioned," and "An act freeing the body of John Ferguson from arrest." 
Which being severally read, Resolved, To concur with the House of 
Representatives in passing ^he same into laws. 

Adjourned to 9 o'clock tomorrow morning. 



Wednesday October 26 1814. 9 O'clock A. M. 
The Governor and Council met pursuant to adjournment. 
Rec d - from the House of Representatives the following resolution for 
concurrence, viz. . 

" In General Assembly Oct. 25, 1814. 
Resolved, That a Gommittee of four members from the House be ap- 
pointed to join from Council to enquire into the propriety of altering 
the sessions of Supreme Court in the western Circuit and report by bill 

6 



82 Governor and Council — October 1814. 

or otherwise:" Which being read, Resolved, To join with the House in 
said Committee. 

Petition of sundry inhabitants of Greensborough for a tax with the 
report of the Committee thereon was received from the House, with an 
order that the same be recommitted: Which being read, Resolved, To 
concur in the recommitment. 

A bill entitled " An act for the relief of Lemuel Buck," brought in 
pursuant to the report of the Committee, with an order to refer the 
same to the joint Committee of New Trials, was received from the 
House and read, and thereupon Resolved, To concur in said reference. 

The petition of the Inhabitants of Tinmouth, with an order to refer 
the same to the Military Committee, was received from the House: And 
on motion Resolved, To concur in the said reference without reading. 

The petition of William A. Griswold for James McFarland, with an 
order to refer the same to the Committee on the petition of Thomas 
Ward, was rec d - from the House of Representatives: And on motion 
Resolved, To concur without reading. 

The petition of Peter Powers and Tilly Walker was rec d - with an or- 
der of the House to refer the same to the joint Committee on the peti- 
tion of Adget Lathrop: And on motion Resolved, To concur in the ref- 
erence of said petition without reading. 

Agreeably to the adjournment of the joint Committee of both Houses, 
the Governor and Council proceeded to the Representatives' room to 
pursue the election of County officers: And having proceeded in the 
business of said Committee, the same was adjourned to 2 o'clock this 
afternoon. And the Governor & Council returned to their Chamber. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment, and at 2 o'clock proceeded to the Representatives' Room to meet 
the House of Representatives, agreeably to adjournment, for the elec- 
tion of County Officers. After proceeding in the business aforesaid, the 
joint Committee adjourned to Tuesday next at 3 o'clock P. M. and the 
Governor and Council returned to their Chamber. 

The petition of George Dyer Jun. with the report of the Committee 
of Suspensions, and an order of the House to recommit the same, was 
received and on motion Resolved, To concur in the recommitment of 
said petition and report without reading. 

The petition of Joseph Cofran, with an order of the House to refer the 
same to the joint Committee on the petition of Thomas Ward, was re- 
ceived and on motion Resolved, To concur in referring said petition 
without reading. 

The petition of the Selectmen of Duxbury, with an order to refer the 
same to the joint Committee on the petition of the Selectmen of Rich- 
ford, was rec d - and on motion Resolved, To concur in referring said pe- 
tition. 

A bill, entitled "An act granting a ferry to Wallis and John Mott," 
with an order of the House to refer the same to the Committee on the 
petition of Benjamin Bell, was rcc d - for concurrence. And on motion 
Resolved to concur in said reference without reading. 

The petition of Gardner Wright was received with an order to refer 
the same to the joint Committee on the petition of Thomas Ward: And 
on motion Resolved, To concur in said reference. 

The Account of the Town of Rupert, with an order of the House to 
refer the same to the joint Committee of Claims, was rec d - and on mo- 
tion Resolved, To concur in the reference of said petition. 

Petition of the Connecticut River Turnpike Company, with the report 



Governor and Council — October 1814. 83 

of the Turnpike Committee thereon, and an order of the House of Rep- 
resentatives on the same to recommit it, was received: And on motion 
Resolved, To concur in said recommitment. 
Adjourned to 9 O'clock tomorrow morning. 



Thursday Oct. 27, 1814. 9 O'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Account of Issachar Reed, with an order to refer the same to the joint 
Committee of Claims, was received from the House : And on motion 
Resolved, To concur without reading. 

Petition of John Merriam, with an order of the House to refer the 
same to a committee of two to join from Council, was rec d - & read, And 
thereupon Resolved, To join in said reference: and Mr. Robinson was 
appointed for that purpose. 

A communication from the Governor of Massachusetts to His Excel- 
lency the Governor, enclosing a report of a Committee and certain res- 
olutions of the Legislature of Massachusetts, and a letter from the Pres- 
ident of the Senate & Speaker of the House of Representatives of that 
State, were received from the House of Representatives with an order 
to refer the same to a Committee of six to join from Council : Which 
being read, Resolved, To join with the House of Representatives in the 
said reference, and Messrs. Hall, Baylies and Chandler were appointed 
for that purpose on the part of Council. 

Rec d from the House of Representatives the following bills, engrossed 
and sent up for concurrence, viz. "An act directing the Treasurer of 
this State to pay Amos Staples the sum therein mentioned ; An act in 
addition to an act establishing the County buildings and County Gram- 
mar Schools in Orleans County, passed Oct. 27, 18i2; An act freeing the 
body of Nathaniel Burton from arrest; An act directing the Treasurer to 
pay William Avery the sum therein mentioned ; An act in addition to 
an act entitled an act establishing a corporation by the name of the 
Randolph Turnpike Company, passed November 8, 1805 ; An act 
authorizing Abel Tomlinson to deed lands ; An act directing the Treas- 
urer to pay John Ferguson and Benjamin James the sum therein men- 
tioned ; An act for the relief of Joel Conkey," and "An act to incorpo- 
rate certain persons therein named by the name of Addison County 
Manufacturing Company." Which being severally read, Resolved, To 
concur with the House of Representatives in passing the same into 
laws. 

Petition of Inhabitants of Danville and Peacham for altering the 
County road, with an order of the House on the same to refer it to the 
joint Committee on the petition of the Inhabitants of Calais, was re- 
ceived ; And thereupon Resolved, To concur with the House in their 
order for the reference of said petition. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — The Governor and Council met pursuant to ad- 
journment. 

The following bills were received from the House of Representatives, 
engrossed and sent up for concurrence, viz. "An act directing the 
Treasurer to pay James Andrews the sum therein mentioned ; An act 
repealing part of an act granting the exclusive right of keeping a certain 
ferry therein named to Augustus Johnson," and "An act directing the 
Treasurer to pay Oliver Frizzel the sum therein mentioned," Which 
were severally read, and thereupon Resolved, To concur in passing the 
same into laws. 



84 Governor and Council — October 1814. 

A bill entitled "An act reviving an act laying a tax of three cents per 
acre on Avery's Gore in Addison County," was rec d - from the House 
with an order to refer the same to the first Land Tax Committee : And 
on motion Resolved, to concur in said reference. 

A bill entitled "An act authorizing the administrator on the Rev. Oli- 
ver Plympton's estate to deed certain lands," was received from the 
House of Representatives with an order to refer the same to the Com- 
mittee on the petition of Abel Tomlinson, and thereupon Resolved, To 
concur without reading. 

Mr. Baylies introduced the following resolution : 

"In Council October 27, 1814. 

Resolved, That a Committee of one member of Council be appointed to 
join such Committee as the General Assembly may appoint for the pur- 
pose of enquiring whether any and what further provisions ought to be 
made in the judiciary department, and to report by bill or otherwise." 
Which was read and adopted, and Mr. Baylies was appointed. 

Adjourned to 9 o'clock tomorrow morning. 



Friday October 28, 1813. [9 o'clock A. M.] 

Council met pursuant to adjournment. 

On motion Resolved, That Mr. Robinson be appointed on the Com- 
mittee [on the petition] of Adget Lathrop in the room of Mr. Painter. 

Benjamin Swan Esquire appeared in Council, presented his bond as 
Treasurer of the State of Vermont for the year ensuing, and the oath of 
office was duly administered to him. 

A bill entitled "An act granting a toll bridge in Berkshire," was re- 
ceived from the House of Representatives with an order to refer the 
same to the joint Committee on the petition of Benjamin Bell for 
amendment : And thereupon Resolved, To concur without reading. 

The report of the fiscal concerns of the University of Vermont was 
rec d - from the House with an order to refer the same "to the joint Com- 
mittee on the resolution to enquire relative to the University of Ver- 
mont : And thereupon Resolved, To concur without reading. 

A bill entitled " An act incorporating Panton Turnpike Company," 
engrossed and sent up for concurrence, was received from the House, 
Which being read, Resolved, To concur in passing the same into a law. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. —A bill was received from the House of Represent- 
atives entitled "An act altering the name of Judah Throop to Judah 
Dana Throop," engrossed and sent up for concurrence; Which being 
read, Resolved, To concur in passing the same into a law. 

A bill entitled "An act in addition to an act establishing a corporation 
by the name of the Connecticut River Turnpike Company," was rec d - 
from the House with an order to refer the same to the joint Turnpike 
Committee: And thereupon Resolved, To concur in said reference. 

Petition of Simeon Briggs with an order to refer the same to the joint 
Committee on the petition of Thomas Ward was rec d - from the House; 
Which being read, Resolved, to concur in said reference. 

The following resolution of the House of representatives was pre- 
sented to His Excellency and by him communicated to the Council for 
their advice : 

"In General Assembly Oct. 28, 1814. 

Resolved, That His Excellency the Governor be requested, by and 
with the advice of the Council, to appoint Thursday the first day of De- 



Governor and Council — October 1814. 85 

cember next to be observed as a day of Public Thanksgiving and Praise 
throughout this State:" Which being read, Resolved, That the Council 
do advise to appoint said day for the purpose aforesaid. 

The Committee appointed to take into consideration the question pro- 
posed by His Excellency on the 25th instant made the following re- 
port, viz. 

" To His Excellency the Governor, and the Honourable Council now 
in Session:— Your Committee to whom was referred the following ques- 
tion proposed by His Excellency, " Can the militia when in the actual 
" service of the United States be lawfully commanded by any officers 
" but such as are appointed by this State, except by the President of the 
" United States ?" report that the Constitution of the United States, 
Art. I, Sec. 8, declares — " The Congress shall have power to provide for 
calling forth the militia to execute the laws of the Union, suppress 
insurrections and repel invasions ; To provide for organizing, arming 
and disciplining the militia, and for governing such part of them as may 
be employed in the service of the United States, reserving to the States 
respectively the appointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed by Congress." 

In Art. II, Sec. 2, " The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
States when called into the actual service of the United States." 

It is the opinion of your Committee that the different clauses quoted 
from the federal constitution should receive a construction so as to ren- 
der one clause consistent with another. The President may undoubt- 
edly command the army and navy of the United States by officers law- 
fully commissioned by himself; but he cannot so command the militia 
of the States, when called into the actual service of the United States; 
for the appointment of their officers is a right reserved u to the States 
respectively." If therefore the President would command the militia 
when in the actual service of the United States, he must do it in per- 
son, or exercise his command over them by officers appointed by the 
State, and not by officers appointed by the President. The Congress 
have power to provide for organizing and disciplining the militia, and for 
governing such part of them as may be employed in the service of the 
United States. But to construe this into a constitutional right of plac- 
ing the militia under the command of any officer, not of the militia, ex- 
cept the President, would render nugatory the following reservation, 
that is — u reserving to the States respectively the appointment of the 
officers and the authority of training the militia," &c. Your Committee 
consider this an important reservation in the federal constitution, favor- 
ing the sovereignty of the States, and tending to secure the rights of the 
people. Therefore it is not to be surrendered to the general govern- 
ment. As well might the officers of the militia, appointed by this State, 
when in the actual service of the United States, claim the right to com- 
mand the army of the United States, as the officers of the army of the 
United States to command the militia. There is no constitutional pro- 
vision for either to claim such right or exercise such command. 

William Chamberlain, for Committee. 

Montpelier October 28, 1814. 

Which was read and ordered to lie on the table. 

Adjourned to 9 o'clock tomorrow morning. 



86 Governor and Council — October 1 814. 

Saturday October 29th, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Petition of John Sias and James Sias, with an order to refer the same 
to the joint Committee on the petition of Thomas Ward, was rec d - from 
the House: And on motion Resolved, To concur in said reference with- 
out reading. 

A bill entitled " an act for the relief of the widow and children of 
James Wiley," was received from the House with an order to refer the 
same to a committee of two to join from Council, and read, and there- 
upon Resolved, To join in said reference: and Mr. Miller was appointed 
for that purpose. 

Petition of Stukeley Foster and others for a rifle company, with an 
order to refer the same to the joint Military Committee was received 
from the House: and thereupon Resolved, To concur in the reference 
without reading! 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

The bill from the House of Representatives, engrossed and sent up 
for concurrence, entitled " an act establishing an academy at Chester in 
the County of Windsor," being called up and read, Resolved, That the 
following amendments be proposed, viz. In the 3 d Section & 2 d » 3 d & 4 th 
lines erase the words u elect trustees of said institution, consisting of 
fifteen persons," and insert the words u increase their number by elec- 
tion to fifteen ;" and at the end of the 2 d Section erase the words " for 
the benefit of said institution," and insert the words ''the benefit 
whereof shall be exclusively appropriated by said board of trustees to 
the purpose of educating youth." And that the Council do concur in 
passing the same into a law with the foregoing amendments. Mr. Bay- 
lies was appointed to assign the reasons for the above proposed amend- 
ments. 

On motion Resolved, That George Worthington be appointed Sur- 
veyor of public buildings, in the room of Timothy Hubbard, who de- 
clines accepting the office. 

Petition of John Little received from the House with an order to re- 
fer the same to the joint Committee on the petition of Thomas Ward, 
being called up, Resolved, To concur in said reference. 

A bill received from the House, entitled " an act altering and extend- 
ing the mode of legal process against corporations," with an order to 
refer the same to a Committee of two from the House to join from Coun- 
cil, being called up and read, Resolved, To join in said reference: and 
Mr. Hubbard was appointed for that purpose. 

Rec d - from the House the following bills, engrossed and sent up for 
concurrence: "An act granting a County tax on the County of Frank- 
lin; An act freeing the body of Samuel Thompson from arrest for the 
term of five years; An act relating to the Winooskie Turnpike; An act 
laying a tax of three cents per acre on the township of Greensborough ; 
An act relating to the auditor of accounts against this State," and ** An 
an act laying a tax of three cents per acre of Coventry;" Which being 
severally read, Resolved, To concur in passing the same into laws. 

Adjourned to 9 o'clock tomorrow morning. 



Governor and Council — October 1814. 87 

Monday October 31, 1814. 9 o'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of Representatives the following resolution, viz. 
" In General Assembly Oct. 28, 1814. 

Resolved, That the Committee appointed to take into consideration 
the expediency of revising, amending or altering the Judiciary system 
be instructed to inquire into the necessity or expediency of establishing 
a Court of Chancery apart from the Courts of Law. and report by bill or 
otherwise." Which being read, Resolved, To concur in said resolution. 

Rec d - from the House the following bills, viz. "An act directing the 
Treasurer to pay Benjamin Deming the sum therein mentioned," and 
"an act directing the Treasurer to pay Joseph Howes the sum therein 
mentioned," with an order on each to refer the same to the joint Com- 
mittee on the petition of Ferguson and James: Which being read, Re- 
solved, To concur in said reference. 

The petition of Solomon Hobbs for leave to exchange lands of his 
wards, with an order to refer the same to the joint Committee on the 
petition of Abel Toralinson, was received and read, and on motion Re- 
solved, To concur in said reference. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Rec d - from the House the following resolution for concurrence, viz. 
" In General Assembly Oct. 31, 1814. 

Resolved, That a Committee of two members be appointed to join 
from Council to enquire what ordnance has been purchased under the 
provision of an act passed Oct. 30, 1809, and how the same has been 
disposed of: and also whether the arms furnished by the United States 
for the use of the militia of this State have been distributed agreeable to 
the provision of an act passed Oct. 30, 1812, and make report to the 
House." Which being read, Resolved, To join said Committee ; and 
Mr. Stevens was appointed for that purpose. 

Rec d - from the House the following resolution for concurrence, viz. 
"In General Assembly Oct. 31,1814. 

Resolved, That the Committee of Claims be directed to examine and 
adjust the claims of Joseph Beeman, Joel Pratt and Henry Olin for 
money expended and services done in ascertaining the boundary line 
between this State and the State of New York, agreeably to a law 
passed by this legislature at their session in October 1812, and make 
report to this House : '? Which being read, Resolved, To concur with 
the House in their said resolution. 1 

Rec d - from the House a bill entitled "An act in addition to an act 
entitled an act laying duties on licenses for selling wines and foreign 
distilled spirituous liquors, by retail," with an order to refer the same to 
a Committee of two to join from Council : Which was read, and there- 
upon Resolved, To join with the House in the reference of said bill with 
a Committee [of] one member, and Mr. Willoby was appointed. 

A bill entitled "An act repealing a clause of an act for the relief of 
Samuel Bushnell," with an order to refer the same to the joint Com- 
mittee of Suspensions, received from the House for concurrence, being 
called up, Resolved, To concur with the House in their said order of 
reference, without reading. 

A bill entitled "An act directing the Treasurer to credit or pay the 
first Constable of the town of Sterling the sum therein mentioned," 
received from the House with an order to refer the same to the joint 

'For report of the commissioners, see Appendix B. 



88 Governor and Council — November 1814. 

Committee of Claims, was called up and read, and thereupon Resolved, 
To concur in said reference. 

The petition of John Merriam, with the report of the Committee 
thereon, received from the House with an order to recommit the same, 
was called up and thereupon Resolved, To concur in said recommitment. 

Petition of Charles Cushing received from the House with an order to 
refer the same to the joint Committee on the petition of Thomas Ward, 
for concurrence, being called up and read, Resolved, To concur in said 
reference. 

Ree d - from the House the following bills, engrossed and sent up for 
concurrence, viz. "An act in addition to the act entitled an act to incor- 
porate the Vermont Medical Society, passed Nov. 6, 1813," and "An act 
granting a ferry to Benjamin Bell," Which being severally read, Re- 
solved, To concur with the House in passing the same into laws. 

Adjourned to 9 o'clock tomorrow morning. 



Tuesday Nov 1, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of Representatives the following bills, engrossed 
and sent up for concurrence : "An act directing the Treasurer of this 
State to credit the first Constable of Ferrisburgh the sum therein men- 
tioned ; " "An act in addition to an act entitled an act incorporating 
certain persons therein mentioned by the name of the St. Johnsbury 
Aqueduct Company;" and "An act laying a tax of two Cents per acre 
on the township of Wolcott," Which being severally read, Resolved, To 
concur with the House in passing the same into laws. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— Council met pursuant to adjournment. 

Mr. Hall introduced the following resolution : 

In Council Nov. 1, 1814. 

Resolved, the General Assembly concurring herein, that both Houses 
meet in joint Committee in the Representatives' Room at 3 o'clock this 
afternoon, for the purpose of electing an auditor of accounts against this 
State, a Surveyor General, and a person to preach the next election 
Sermon, Which was read and adopted. 

Rec d - from the House a message in writing giving notice that the 
House had concurred in the amendments proposed by the Council to 
the bill entitled "An act establishing an academy at Chester in the 
County of Windsor," and that the same had become a law. 

Petition of Eliphalet Leonard and others with an order to refer the 
same to the Committee on the bill annexing [part of] Philadelphia to 
Goshen, received from the House of Representatives for concurrence, 
being called up, Resolved, To concur in said reference. 

A bill entitled "An act directing the Treasurer to credit James Wal- 
lace first Constable of Bethel the sum therein mentioned," with an order 
to refer the same to the Committee of Claims, was received from the 
House : And thereupon Resolved, To concur without reading. 

A petition of Moses Reed, with an order to refer the same to the joint 
Committee on the petition of Thomas Ward, received from the House 
for concurrence, being called up, Resolved, To concur without reading. 

Rec d - from the House a bill entitled "An act directing the treasurer to 
pay the sums therein mentioned," engrossed and sent up for concur- 
rence : Which being read, Resolved, To concur in passing the same 
into a law. 



Governor and Council — November 1814. 89 

Rec d - from the House a message giving notice that the House had 
concurred with the resolution sent down from the Council this afternoon 
for concurrence, with an amendment, altering the time to 9 o'clock to- 
morrow morning. Whereupon Resolved, To concur in saifl amendment. 

"An act concerning weights and measures," with an order to refer the 
same to a Committee of two to join from Council, received from the 
House for concurrence, being called up, Resolved, To join in said refer- 
ence ; and Mr. Painter was appointed for that purpose. 

A petition of Moses Fairbanks and others, with an order to refer the 
same to the Military Committee, received from the House for concur- 
rence, being called up, Resolved, To join in said reference. 

A bill entitled "An act incorporating the Bethel Manufacturing Com- 
pany," received from the House of Representatives engrossed and sent 
up for concurrence, being read, Resolved, That the following amendment 
be proposed to said bill, viz. Add to the bill the following section — 
"Sec. 7. And it is hereby further enacted, That the private property of 
the Stockholders both real and personal shall be holden for the payment 
of the debts of said Corporation." And that the Council concur in 
passing said bill into a law with the foregoing amendment. And Mr. 
Hall was appointed to assign the reasons for said amendment. 

The report of the Committee of Council appointed to take into consid- 
eration the question proposed by His Excellency — "Can the militia when 
called into actual service be legally commanded by any officers except 
such as are appointed by the State," — was called up and accepted. 
Whereupon Mr. Baylies introduced the following resolution : 

In Council 1 Nov. 1814. 

Resolved, That it is the opinion of the Council that it is not the duty 
of His Excellency to put the detached militia of this State when in the 
actual service of the United States under the command of any officer 
commissioned by the president, but such militia are to be commanded 
by officers appointed by this State, or by the President in person. 
Which was read and ordered to lie on the table. 
Adjourned to 9 O'clock tomorrow morning. 



Wednesday Nov. 2, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

A bill entitled " An act granting a ferry to Wallis and John Mott," 
received from the House of Representatives, engrossed and sent up for 
Concurrence, being read, Resolved, To concur in passing the same into 
a law with the following proposed amendment, viz. Add to the first 
section the following words — "Provided that nothing herein shall be 
construed to prevent the Inhabitants of South Hero and Grand Isle 
from crossing in their own boats, or any other which they may procure 
for their own convenience." And Mr. Hall was appointed to assign to 
the House the reasons for such amendment. 

The following bills were received from the House of Representatives, 
engrossed and sent up for concurrence &c. viz. "An act reviving ah act 
laying a tax of three cents per acre on Avery's Gore in Addison County; 
An act for the relief of Jacob Winn ; an act for the relief of Elijah Stan- 
ley; An act directing the Treasurer to pay Ebenezer Winslow the sum 
therein mentioned ; An act directing the Treasurer to pay Issachar 
Reed the sum therein mentioned ; An act granting the exclusive right 
of keeping a certain ferry to Benjamin Newhall ; An act authorizing 
the Treasurer of the State to pay the sums therein mentioned," and 



90 Governor and Council — November 1814. 

"An act granting a toll bridge in Berkshire.'' Which being severally 
read, Resolved, To concur in passing the same into laws. 

Rec d - from the House of Representatives a bill entitled "An act for 
the relief of Laban Cousins," engrossed and sent up for concurrence, 
which was read, And on the question, Will the Council concur with the 
House in passing the same into a law? It was decided in the negative 
by yeas and nays as follows : Yeas — Mr. Dana. Nays — His Hon. the 
Lt. Governor, Messrs. Hubbard, Willoby, Baylies, Butler, Chandler, 
Stevens, Hall and Robinson. And Mr. Baylies was appointed a com- 
mittee to draw up and report to the Governor and Council the reasons 
to be sent to the House for their not concurring in passing said bill. 

A bill entitled "An act establishing a Corporation by the name of the 
Barre Turnpike Company," received from the House with an order to 
refer the same to the joint Turnpike Committee, being called up, Re- 
solved, To concur in said reference. 

A bill entitled "An act incorporating certain persons therein named 
by the name of the Newfane Cotton and Woolen Manufacturing Com- 
pany," received from the House with an order to refer the same to the 
ioint Committee of Manufactures, being called [up,] Resolved, To concur 
in said reference. 

Agreeably to the concurrent resolution for that purpose, the Governor 
and Council proceeded to the Representatives' Room to meet the House 
in joint Committee : When the ballots being taken, sorted and counted, 
Job Lyman was declared duly elected Auditor of accounts against the 
State, John Johnson Esquire Surveyor General, Rev. Henry Davis D.D. 
to preach the next election [sermon,] and Rev. Nathaniel Kendrick to 
preach in case of his failure. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

Job Lyman appeared in the Council Chamber and presented himself 
to receive the oath of office as auditor of accounts against this State, 
which was duly administered to him by His Excellency the Governor. 

Rec d - from the House of Representatives a bill entitled " An act em- 
powering the executors of Daniel Ryan to deed certain lands," with an 
order to refer the same to the joint Committee on the petition of Abel 
Tomlinson: Whereupou Resolved, To concur in the said reference. 

A bill entitled "An act directing the Treasurer to pay Elias Bates the 
sum therein mentioned, received from the House with an order to refer 
the same to the joint Committee of Claims, being called up, Resolved, 
To concur in said order of reference. 

Rec d - from the House the following bills engrossed and sent up for 
concurrence, viz. " An act directing the Treasurer to pay Elijah Foot 
the sum therein mentioned," and "An act directing the Treasurer to pay 
or credit the first Constable of the town of Sterling the sum therein 
mentioned:" Which being severally read, Resolved, To concur in pass- 
ing the same into laws. 

Rec d - from the Clerk of the House a message in writing giving notice 
that the House of Representatives had concurred in the amendments 
proposed by the Governor and Council 'to the bill entitled " An act in- 
corporating the Bethel Manufacturing Company;" and that the same 
had become a law. 

Adjourned to 9 o'clock tomorrow morning. 



G-overnot and Council — November 1814. 91 

Thursday November 3, 1814. 9 o'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the House of Representatives a bill entitled "an act direct- 
ing the Surveyor of Public Buildings to procure stoves for the State 
House," with an order to refer the same to a Committee of two to join 
from Council, which being read, Resolved to join in said reference; and 
Mr. Dana was appointed for that purpose. 

A bill entitled "An act in addition to an act entitled an act establish- 
ing permanent salaries for judges of the Supreme Court of this State," 
received from the House with an order to refer the same to a committee 
of one member from each County to join from Council, was called up 
and read, And thereupon Resolved, To join with the House in referring 
said bill: and Messrs. Painter and Dana were appointed for that pur- 
pose. 

A bill entitled " An act establishing a corporation by the name of the 
Peru Turnpike Company," received from the House with an order to 
refer the same to the Turnpike Committee, being called up, Resolved, 
To concur in said reference. 

A bill entitled "An act directing the Treasurer of this State to pay the 
sum therein mentioned," received from the House with an order to refer 
the same to the joint Committee of Claims, being called up, Resolved, 
To concur in said reference without reading. 

A bill entitled "An act for the relief of Jonathan Dorr Jun." engross- 
ed and sent up from the House of Representatives for concurrence &c, 
being called up and read, Resolved, To concur with the House in pass- 
ing the same into a law. 

Mr. Baylies, appointed for that purpose, reported the following rea- 
sons for not concurring in passing the bill entitled "An act for the relief 
of Laban Cousins," viz. " Reasons assigned why the Governor and 
Council do not concur with the General Assembly in passing the bill enti- 
tled " an act for the relief of Laban Cousins." The Governor and Coun- 
cil have heard the petition of Laban Cousins, which accompanies the bill; 
also have seen the report of the Committee made thereon. The Gov- 
ernor and Council are of opinion that money in the County Treasury in 
the County of Addison is property in which each person belonging to 
the County has a common interest with all other persons belonging to 
the same County; and that the freemen of the County by electing the 
representatives to the General Assembly did not delegate power to such 
representatives to do any act by report or otherwise, which would jus- 
tify the legislature in passing a law directing money te be paid out of the 
County Treasury, as a gift to the said Laban Cousins. The Governor 
and Council are of opinion that, if the legislature have power to pass 
the law, the power is derived from the constitution and laws of the 
State, not from the consent of the Representatives of the County; there- 
fore the legislature may pass the law as well without as with their con- 
sent, and may direct one sum to be given as well as another. The Gov- 
ernor and Council doubt the existence of a power in the Legislature to 
pass a law directing money to be paid out of any treasury in this State, 
by way of gift to any individual, except it be out of the State Treasury. 
They see not, if the legislature have a right to lay their hand on the 
money in the treasury of a County, and give it to an individual, why 
they have not the right to put their hand into the treasury of every cor- 
poration in the State to take its money and give it away without any 
consent on the part of the corporation. Corporations, as well as indi- 
vidual citizens, have their rights, which cannot be infringed by the leg- 
islature. Money in a County treasury is corporate property, under the 
controul of the corporation, to be expended, according to existing laws, 



92 Governor and Council — November 1814. 

in paying its debts, and for objects necessary for the well being of the 
County. Such money cannot, by a legislative act, be taken from the 
corporation, and given to an individual person, any more than the prop- 
erty of one citizen can be taken and given to another. It is true that 
the legislature may by its act empower a corporation to make a dona- 
tion, but the legislature cannot direct a corporation to make a donation 
any more than it can a private citizen. The bill in favor of Laban 
Cousins directs the treasurer to pay him eighty dollars by instalments, 
as the County Court shall direct. This bill cannot be considered as em- 
powering the County of Addison to make a donation, and then leaving 
it at the option of the County whether to make it or not. But it directs 
the money to be paid, as though the legislature had a controul over the 
treasury of that County. The Governor and Council find no precedent 
for such a law/' 

Which being read were adopted. And it is Ordered, That k they be 
sent to the House of Representatives with the bill aforesaid. 1 

The resolution introduced by Mr. Baylies on the 1 November, ex- 
pressing the opinion of the Council respecting the right of the United 
States Officers to command the militia, being called up, it is Ordered, 
That the same be amended, so as to read as follows: 

" Kesolved, That it is the opinion of the Council that it is not made 
the duty of His Excellency, by the constitution of the United States, to 
put the detached militia of this State, when in the actual service of the 
United States, under the command of any officer commissioned by the 
President; but such militia are to be commanded by officers appointed 
by the State, or by the President in person." 

Whereupon Resolved, That the same be adopted and become a reso- 
lution of Council, by yeas and nays, as follows: Teas, His Hon. the 
Lt. Governor, Messrs. Painter, Hubbard, Willoby, Dana, Baylies, But- 
ler, Chandler, Stevens, Hall, Miller, and Robinson. Nays, None. 

The Committee, to whom was referred the petition of the Command- 
ing Officers of a military company in Warren, praying to be annexed to 
the fourth regiment, first brigade and fourth division of the militia, 
made the following report, — 

To His Excellency the Governor and the Council now sitting : Your 
Committee, to whom was referred the within petition report, that in 
their opinion the prayer thereof ought to be granted. 

Montpelier, Nov. 3, 1814. W M Chamberlain, for Committee. 

Which was read and accepted. Whereupon on motion Resolved, 
That the following order be adopted: 

It is ordered, by His Excellency Martin Chittenden Esquire, Gover- 
nor, Captain General and Commander in Chief in and over the State of 
Vermont, by and with the advice of the Council of said State, that the 
company of "militia raised in the town of Warren in the County of Ad- 
dison now attached to the second regiment of the first brigade and third 
division of the militia of this State, and all the militia which are or may 
be raised in said town of Warren, shall hereafter be annexed and belong 
to and be mustered with the [fourth regiment of the] first brigade in the 
fourth division of the militia of this State. And the officers and pri- 

* After the reading of the reasons in the Assembly, the bill objected 
to was dismissed, and subsequently another was passed empowering the 
judges of the court, if they shall deem it expedient, to allow not exceed- 
ing eighty dollars, and draw orders for the same on the county treasurer, 
&c. See printed Laws of 1814, p. 82. 



Governor and Council — November 1814. 93 

vates of the militia of Warren aforesaid are directed to govern them- 
selves in all things accordingly. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

A petition of M. Lester and B. C. Fenton, with an order to refer the 
same to the committee on the petition of Abel Tomlinson, was rec d - from 
the House and thereupon Resolved, To concur in the said reference. 

A bill entitled "an act in addition to an act establishing a corporation 
by the name of the Connecticut River Turnpike Company," reported by 
the Turnpike* Committee, with an order to refer said bill to the Turn- 
pike Committee, was received from the House and on motion Resolved, 
To concur in said reference. 

Petition of Jonathan Ware, with the report of the Committee of Sus- 
pensions thereon and an order to recommit the same, was ree d - from the 
House : And thereupon Resolved, To concur in said order of reference. 

A petition of Mary Beach for relief, with the report of the Committee 
thereon and an order to recommit the same, was received and on motion 
Resolved, To concur in said order of reference. 

Adjourned to 9 o'clock A. M. tomorrow. 



Friday Nov. 4, 1814. 9 o'clock A. M. 

Council met according to adjournment. 

A bill entitled "An act assessing a tax on the County of Essex," with 
an order to refer the same to the members of the County of Essex, was 
rec d - and on motion Resolved, To concur without reading. 

Report of the Treasurer of the State of the balances due the Treasury 
with an order to refer the same to a Committee of two to join from 
Council, was received from the House and on motion Resolved, To con- 
cur in said reference without reading : and Mr. Butler was appointed 
for that purpose. 

Received from the General Assembly the following bills, engrossed and 
sent up for concurrence, viz. "An act directing the Treasurer to pay 
Estes Barker the sum therein mentioned ; An act laying a tax of two 
cents per acre on the town of Parkerstown; An act directing the Treas- 
urer to pay John Mattocks the sum therein mentioned ; An act direct- 
ing the Treasurer of this State to credit James Wallace the sum therein 
mentioned ; An act directing the treasurer to credit and pay the town 
of Danville the sums therein mentioned," which being severally read, 
Resolved, To concur with the House of Representatives in passing the 
same into laws. 

Rec d - from the House of Representatives the following resolution 
for concurrence, viz. 

"In General Assembly "Nov. 3, 1814. 

Resolved, That the Legislature of Vermont, having duly considered 
the amendment of the constitution of the United States, proposed by the 
Legislatures of Tennessee and Pennsylvania, to reduce the term of ser- 
vice of Senators in Congress from six to four years from the time they 
enter upon the duties of their appointment, deem it inexpedient to adopt 
the proposed amendment, and that His Excellency the Governor be re- 
quested to transmit a copy of this resolution to the executives of the 
several States." Which being read, Resolved, To concur with the House 
in their said resolution. 1 

1 See Appendix G. 



94 Governor and Council — November 1814. 

Rec d - from the House of Representatives the following resolutions for 
concurrence, viz. 

"Whereas His Excellency the Governor of this State has communi- 
cated to this Assembly a circular letter from the Legislature of the 
Commonwealth of Massachusetts, with a certain resolution of their 
General Court, requesting this Legislature to appoint delegates to meet 
with delegates from the other States of New England or any of them at 
Hartford in the State of Connecticut on the fifteenth day of December 
next to confer on various important subjects and devise and suggest for 
their adoption, by those respective States, such measures* as they may 
deem expedient : 

" Therefore, Resolved, That having attentively considered the request 
of the General Court of Massachusetts, it is the opinion of this House 
that the appointment of delegates in conformity with that request is not 
expedient. 

"Resolved, that His Excellency be requested to transmit, as soon as 
may be, a copy of these resolutions to the executive of Massachusetts." 

Which being read, Resolved, To concur with the House in their said 
resolutions. * 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — Council met pursuant to adjournment. 

On motion Resolved, That Mr. Painter be appointed on the Commit- 
tee on that part of His Excellency's Speech which relates to Commodore 
McDonough, in room of Mr. Hall, who has leave of absence. 

Petition of Asa Chamberlain, with an order to refer the same to the 
Committee on the petition of Thomas Ward, was rec d - from the House 
and on motion Resolved, To concur in said reference without reading. 

A bill entitled "An act directing the Treasurer to pay to certain per- 
sons therein named the sums therein mentioned," with an order to refer 
the same to the Committee on the petition of the Selectmen of Richford, 
was received from the House and on motion Resolved, To concur in said 
reference. 

Rec d * from the House of Representatives the following bills, engrossed 
and sent up for concurrence &c. viz. "An act directing the petitions for 
ferries and turnpike roads to be published ; An act directing the treas- 
urer to pay Joseph Howes the sum therein mentioned; An act directing 
the treasurer to pay Benjamin Deming the sum therein mentioned; An 
act dividing the East and West Parishes of Windsor into separate & 
distinct towns; An act freeing the body of Timothy Hiuman from arrest 
or imprisonment for the term of two years." Which being severally 
read, Resolved, To concur in passing the same into laws. 

A bill entitled "an act for the relief of Lemuel Buck," engrossed and 
sent up for concurrence &c. was received from the House and read, and 
on the question, will the Council concur in passing the same into a law, 
it was decided in the negative. 

Adjourned [to] 9 o'clock A. M. tomorrow. 



Saturday Nov. 5, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

A bill entitled "An act in addition to an act entitled an act regulating 
and governing the militia of this State," with an order to refer the same 
to the joint military committee, was received from the House : and 
thereupon Resolved, To concur in said reference without reading. 

\ See Appendix D. 



Governor and Council — November 1814. 95 

On motion Resolved, That Mr. Miller be appointed on the Committee 
of Manufactures in the room of Mr. Hall who has leave of absence. 

Petition of Irad Allen & Daniel Fuller, and a bill entitled "an act di- 
recting the Treasurer of the State to pay Elisha Parlin the sum of 20 
dollars & 4 cents, with an order on each to refer the same to the joint 
committee on the petition of Thomas Ward, were received : and on 
motion Resolved, To concur in said reference without reading. 

Petition of the selectmen of Middlesex was received from the House 
with an order to refer the same to the committee on the petition of the 
selectmen of Richford ; And on motion Resolved, To concur in said 
reference. 

A bill entitled "an act repealing the first section of an act relating to 
the State's prison," received from the House of Representatives with an 
order that the same be referred to the committee on the. report of the 
visitors of the State's prison being called up, on motion Resolved, To 
concur in said reference. 

A bill entitled "An act directing the Treasurer of this State to credit 
the first constable of Williamstown the sum therein mentioned," re- 
ceived from the House with an order to refer the same to the joint Com- 
mittee of Claims, for concurrence, was called up, and on motion Re- 
solved, To concur in said order of reference. 

A bill entitled " an act in addition to an act entitled an act ascertain- 
ing the principle on which the list of this State shall be made up, and 
directing the listers in .their office and duty," received from the House 
of Representatives with an order to refer the same to the joint Commit- 
tee of manufactures, for concurrence, being called up, on motion Re- 
solved, To concur in said order of reference. 

Mr. Baylies introduced the following resolution, viz. 

In Council Nov. 1 [5,] 1814. 

Resolved, That a committee of one member be appointed to join such 
committee as may be appointed by the General Assembly to see if any 
and what measures would be proper to be adopted to procure the opin- 
ions and determinations of the Hon. Supreme Court of this State in 
issues of law &c. to be reported. Which was read and on motion Re- 
solved, That the same be adopted and become a resolution of this Coun- 
cil. And Mr. Baylies was accordingly appointed. 

His Honor the Lt. Governor introduced a bill entitled " An act ex- 
empting public lands from taxes," which was read and referred to a com- 
mittee of three members, viz. Messrs. Painter, Baylies and Chandler. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— Accounts of the Selectmen of Whiting, and of the 
Selectmen ot Highgate, with an order on each to refer the same to the 
joint Committee on the petition of the Selectmen of Richford, rec d - from 
the House for concurrence, being called up, Resolved, To concur in said 
order of reference. 

A bill entitled "an act granting to the President & Fellows of Middle- 
bury College the property, rights and credits of the Vermont State 
Bank," with an order to refer the same to a committee of one member 
from each County to join from Council, being received from the House 
and read, Resolved, To join in said reference : and His Honor the Lt. 
Governor and Messrs. Robinson, Hubbard and Butler were appointed 
for that purpose. 

A bill was received entitled " An act for the relief of Mary Beach," 
with an order to refer the same to the joint committee on the petition 
of Abel Tomlinson : And on motion Resolved, To concur in said ref- 
erence. 

Adjourned to 9 o'clock A. M. tomorrow. 



96 Governor and Council — November 1814. 

Monday November 7, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

A bill entitled "An act making further provision in the Judiciary de- 
partment," was received from the House with an order to refer the same 
to a committee of four to join from Council, and on motion Resolved, To 
join said reference : and Mr. Baylies was appointed for that purpose. 

A bill entitled " An act laying a tax on the County of Chittenden," 
was rec d - from the House of Representatives with an order of that 
House to refer the same to the members of the legislature from that 
County: and on motion Resolved, To concur in said reference. 

Petition of Jonathan Hoyt aud an account of the Town of Hunts- 
burgh [Franklin] were received from the House with an order on each 
to refer the same to the joint Committee on the petition of the Select- 
men of Richford: And on motion Resolved, To concur in the said ref- 
erence. 

A bill entitled "An act establishing Windsor Female Academy," was 
received from the House with an order to refer the same to a committee 
of two to join from Council : And on motion Resolved, To join in said 
reference. 

A bill making compensation to the persons therein named — a petition 
of Jeremiah Meacham, and an account of John Towle were received 
from the House with an order on each to refer the same to the joint 
committee on the petition of Thomas Ward : And thereupon Resolved, 
To concur in the said reference. 

A bill granting a new trial to Richard Holding in certain actions 
therein named, was rec d - from the House with an order to refer the same 
to the joint committee of New Trials : And on motion Resolved, To 
concur in said reference. 

A bill for the relief of John Merriam, with an order to refer the same 
to the committee on the petition of John Merriam, was rec d - from the 
House: And on motion Resolved, To concur in said order of reference. 

A bill entitled "An act incorporating an academy at Wallingford in 
Rutland County," engrossed and sent up for concurrence, being called 
up and read, was referred to Messrs. Baylies and Dana for amendment. 

The following bills were received from the House of Representatives, 
engrossed and sent up for concurrence, viz. "An act directing the treas- 
urer to pay Harry Hale the sum therein mentioned; An act establishing 
a corporation by the name of the Newfane Cotton and Woollen Manu- 
facturing Company; An aqt directing the treasurer to credit certain 
persons the sums therein mentioned ; An act freeing the body of Na- 
than Parks from arrest or imprisonment; An act empowering the ad- 
ministrators of Matthew Fenton to convey a certain tract of land therein 
mentioned; An act for the relief of William P. Graham Esquire; An 
act directing the treasurer to pay the sum therein mentioned ; An act 
incorporating the Pawlett Manufacturing Company; An act establish- 
ing a company of riflemen in the second regiment, 2 d brigade, & 2 d divis- 
ion of the militia of this State; An [act] authorizing the administrators 
of David B. Hunt to sell lands; An act in addition to an act entitled an 
act laying duties and licenses for selling wines and foreign distilled spir- 
ituous liquors by retail; An act directing the treasurer to pay the sum 
therein mentioned." Which being severally read, Resolved, To concur 
in passing the same into laws. 

Mr. Baylies, appoiuted for that purpose, made the following report : 

"The reasons stated why the Governor and Council do not concur with 
the General Assembly in passing the bill entitled "An act for the relief 
of Lemuel Buck : " 

" The Governor and Council find that Amos Marsh Esquire, adminis- 



G-ovemor and Council — November 1814. 97 

trator on the estate of Angus Nicholson, on the 28th of November 1810, 
commenced an action of debt against said Buck to be entered on the 
docket of the County Court then next to be holden at Middlebury in 
the County of Addison on the last Monday of February 1811. Said 
Amos Marsh deceased before that time and the said Nicholson had no 
other administrator appointed before the entry of said action, which was 
entered at that term and continued to the next term of said Court in 
August 1811, when John Marsh as administrator to said Nicholson was 
entered Plaintiff in said action ; and said Buck was defaulted, and judg- 
ment rendered against him for $586.14 debt & damages and the cost 
taxed at 20 dollars & thirty five cents. 

" Provision is made by law, that if the Plaintiff die after the commence- 
ment of his suit, and before it is entered, that his executor or adminis- 
trator may enter and prosecute ; but if the Plaintiff has no executor or 
administrator there is no provision for the entry of such action. 

"As Amos Marsh and the said Nicholson had no executors or adminis- 
trators, at the time said action was entered, the proceedings may be 
considered erroneous on account of the entry. But if said Buck would 
reverse the judgment for said error, he should have complied with the 
law, which says : " No judgment in any real or personal action shall be 
reversed or avoided for any error or default therein unless the writ of 
error be commenced and duly served on the defendants in error within 
one year next after the rendition of such judgment and not after." The 
Governor and Council consider this a beneficial law, which tends to 
lessen litigation, and give security after one year to those who have 
erred in legal proceedings. 

** The Governor & Council learn, that said Buck brought a writ of error, 
on the record of said judgment, before the Supreme Court in Benning- 
ton County at their session in February 1812, which writ of error was 
continued to their session in February, 1813. The writ was not brought 
on account of the death of the said Amos Marsh, but for other errors 
supposed to appear of record, called errors in law. Bringing the writ 
for errors in law and no others, may be considered as a waiver of objec- 
tions to errors in fact, such as were occasioned by the death of the said 
Amos Marsh. It farther appears to the Governor and Council, that after 
the statute of limitation had run against bringing a writ of error on 
account of the death of said Amos Marsh, to wit, in February 1813, the 
said Buck, finding that the errors in law which he had assigned in his 
writ did not exist, moved the said Supreme Court for leave to amend, 
by striking out the errors assigned, and inserting for errors in fact the 
death of the said Amos Marsh before the entry of the action which he 
commenced ; also that said Nicholson had no executor or administrator 
at the time. The said Supreme Court afterwards, at their adjourned 
session in May 1813, allowed said motion, and directed said amendment 
to be made : but said Buck, having lost said writ of error, did not make 
said amendment. It is not pretended that John Marsh administrator 
occasioned the loss of said writ, or had any thing to do with it. It however 
appears that he, at the term last aforesaid, moved the Court that the said 
Buck should produce the writ, and the Court ordered that he should 
supply the files by the first day of the then next term, which order the 
said Buck has not complied with, although he attempted to file a new 
writ of error, which was not sustained by the Court, and which said 
Buck must have known could not supply the place of the old one. 

" When it is considered that the said statute of limitation had run 

against bringing a writ of error on account of the death of the said 

Amos Marsh, at the time said Buck moved the Court to amend his writ, 

the granting of that motion, if it did not amount to leave to make a new 

7 



98 Governor and Council — November 1814. 

writ, was in avoidance of the statute of limitations, and went to the ex- 
tremity of the law which allows amendment. 

u If the said Buck had proceeded to trial on his writ of error without 
amendment, the Court must have rendered judgment in favor of John 
Marsh, Administrator, the defendant in error, for just damages for the de- 
lay occasioned by the writ, and single or double costs at their discretion. 
To avoid this the said Buck could not demand the amendment of his writ, 
as a matter of right; for it was discretionary with the Court, whether to 
allow it or not; therefore the allowance of the amendment may be con- 
sidered a favor granted to the said Buck. He now asks another favor of 
this legislature, and wishes a statutory provision to be made to suspend 
the operation of the statute of limitations, as it relates to his case, that 
he may bring another writ of error. The Governor and Council would 
observe, that by statute it is made the duty of Courts, in all civil actions 
before them, to give judgment according to the right of the case and 
matter in law, without regarding imperfections and defects in the writ 
and declaration unless pointed out by special demurrer. The object of 
the law is justice, which is not to be prevented, though sometimes de- 
layed, by errors in legal proceedings. After final judgment, only one 
year is allowed for a party to hunt up errors and bring his writ; and 
then the writ is not to be iavored, but the record is sometimes amended 
to sustain the judgment, which defeats the writ. In the case of Lemuel 
Buck the Governor and Council consider that he has had all reasonable 
indulgence, and see no cause for passing a bill to enable him to bring 
another writ of error, to reverse the judgment on account of the death 
of Amos Marsh; especially when it does not appear that the said Buck 
has been injured by the death of said Marsh, or that the said Buck does 
not honestly owe the money contained in said judgment to John Marsh, 
Administrator on the estate of said Nicholson deceased." 

Which was read and adopted and ordered to be sent to the General 
Assembly with said bill. 

Adjourned to 2 O'clock P. M. 

2 o'clock P. M.— Council met according to adjournment. 

Rec d - from the House of Representatives the following resolution, viz. 

" In General Assembly Nov. 5, 1814. 

Resolved that a Committee of two members be appointed to join from 
Council to inquire whether any and if any what measures it would be 
expedient to adopt to cause the sabbath to be more properly respected 
and observed, and make report by bill or otherwise." Which being 
read, Resolved, To concur, and Mr. Hubbard was appointed to join. 

Rec d - the following resolution from the House of Representatives, viz. 

u In General Assembly Nov. 5, 1814. 

Resolved, That a Committee of two be appointed to join from Coun- 
cil to enquire into and report a bill directing the mode of collecting the 
taxes yet due the treasury of this State from the town of Canaan." 
Which being read, Resolved, To join said Committee, and Mr. Miller 
was appointed to join &c. 

The following bills were received from the House, engrossed and sent 
up for concurrence &c. M An act directing the mode of taking deposi- 
tions to be used before the Committee of Canvassers," and " An act di- 
recting the treasurer to pay Christopher Roberts the sum therein men- 
tioned," Which being severally read, Resolved, To concur in passing 
the same into laws. 

Adjourned to 9 o'clock tomorrow morning. 



Governor and Council — November 1814. 99 

Tuesday November 8, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

The following bills were received from the House of Representatives, 
engrossed and sent up for concurrence, viz. "An act to incorporate the 
Brattleborough Gun Factory Company; An act in addition to an act 
passed Oct. 29, 1805, entitled an act confirming a Grammar School in the 
County of Rutland ; An act appointing a collector for the town of Pitts- 
ford ; An act incorporating the Saxton Village Cotton & Woolen Manu- 
facturing Company ; An act for the relief of Laban Cousins ; An act in 
addition to an act entitled an act regulating fees ; An act in addition to 
and alteration of an act relating to the duties of a Grand Jury empan- 
elled by the Supreme Court ; An act altering the name of Jefferson 
County and for other purposes ; An act for the relief of Peleg Kingsley 
& others ; An act incorporating Barre Turnpike Company ; An act ap- 
pointing a Committee to lay out a road through the town of Calais, and 
for other purposes," which being severally read, Resolved, To concur in 
passing the same into laws. 

The Committee, to whom was referred the bill introduced by His 
Honor the Lt. Governor, reported a bill amended, entitled " an act ex- 
empting public lands from taxes," and that the same ought to pass, with 
amendments : which report was accepted, and on motion the bill passed 
to be sent to the General Assembly for their concurrence &c. 

A bill entitled "An act for the relief of the widow & Children of 
James Wiley, deceased," was received from the House of Representa- 
tives, engrossed and sent up for concurrence &c. was read, And on 
motion, Resolved, that the following amendment be proposed to said 
bill, viz. Strike out the words "annually for three years in trust for the 
use and benefit," and insert in lieu thereof the words — "in trust as a 
donation from this legislature for the immediate relief," and that the 
Council concur in passing the same into a law with the above proposed 
amendment. And His Honor the Lt. Governor was appointed to assign 
to the House their reasons for said amendment. 

Rec d - from the General Assembly a bill entitled "An act relating to 
State printing," engrossed and sent up for concurrence, which was read 
and on motion Resolved, That the same be committed to Mr. Willoby 
for proposals of amendment. 

Mr. Edmond, from the House of Representatives appeared in the 
Council Chamber and returned the bill entitled "an act exempting pub- 
lic lands from taxes," with a resolution to concur in said bill with the 
following amendment, viz. Erase the word "and" in the first section, 
fourth line, and insert the word "or," and assigned the reasons. Where- 
upon Resolved, To concur in said amendment. 

Mr. Edmond, from the House, appeared in Council Chamber and 
informed the Governor and Council that the General Assembly had not 
concurred in the amendment proposed by the Governor and Council 
to the bill entitled "An act for the relief of the widow and children of 
James Wiley," but had repassed the same and sent it up for the concur- 
rence of the Governor and Council : And it was ordered to lie on the 
table. 

Adjourned to 2 o'clock P. M. 

2 O'clock P. M.— Council met according to adjournment. 

Mr. Baylies introduced the following resolution, viz. 

In Council 8 Nov. 1814. 

Resolved, The General Assembly concurring herein, that George 
Worthington be and is hereby requested to call on the Hon. Royall Ty- 
ler of Brattleboro', with whom the Statute laws of the several States, 



100 Governor and Council — November 1814. 

and of the United States, belonging to this State, are deposited, and 
receive and bring said Statutes to the State House in Montpelier, and 
place the same in a book case to be provided for that purpose, in the 
Council Chamber, for the use and benefit of the State. Which was read 
and adopted. 

The Committee, to whom was referred the bill entitled "an act estab- 
lishing an Academy at Wallingford in the County of Rutland," reported 
that the bill ought to pass with the following proposed amendments : 
in the 6th line of the 3 d Section, after the word "Academy," insert the 
words "not repugnant to the laws of this or the United States," and at 
the end of the third Section add the words "not exceeding five thousand 
dollars." Which was accepted, and on motion Resolved, That said 
amendments be proposed and that the Council do concur in passing said 
bill into a law, with the said proposed amendments. And Mr. Dana 
was appointed to assign the reason for said amendments to the House. 

Rec d - from the House the following bills, engrossed and sent up for 
concurrence, viz. "An act assessing a tax for the support of govern- 
ment ; An act freeing the body of Samuel Barlow from arrest and im- 
prisonment," and "An act directing the Treasurer of this State to pay 
the sums therein mentioned." Which being severally read, Resolved, 
To concur in passing the same into laws. 

Adjourned to 9 o'clock tomorrow morning. 



Wenesday, November 9, 1814. 9 O'clock A. M. 

Council met pursuant to adjournment. 

A petition of Samuel Mix. with the report of the Committee on the 
same, and an order to recommit the same with instructions to report 
facts &c. was received from the House and on motion Resolved, To con- 
cur with the House in their said order. 

The following bills were received from the House of Representatives, 
engrossed and sent up for concurrence, viz. "An act laying a tax on the 
County of Chittenden ; An act extending further privileges to the 
Northern Turnpike Company; An act in addition to an act establishing 
a corporation by the name of the Connecticut River Turnpike Company; 
An act establishing a corporation by the name of the Peru Turnpike 
Company; An act in addition to an act establishing a corporation by the 
name of the Middlebury Turnpike Company;" and "An act for the re- 
lief of John Merriam." Which being severally read, Resolved, To con- 
cur in passing the same into laws. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M.— Council met pursuant to adjournment. 

Mr. Willoby, appointed to report amendments to the bill entitled "An 
act relating to State printing," reported the following amendments— In 
the 4 th line first section after "Alden Spooner" insert " and Thomas M. 
Pomeroy:" in the 5 th line erase "one" and insert "two:" in the th line 
erase " he " and insert " they." In the 2 d Section, 4th line, erase "Alden 
Spooner" and insert "Thomas M. Pomeroy;" in the 6th line, after the 
word " furnish " insert "Alden Spooner with;" and erase the third sec- 
tion and insert the following—" Sec. 3. And it is hereby further en- 
acted, That if the said Thomas M. Pomeroy and Alden Spooner, or 
either of them, shall neglect to deliver the laws or journals to the sher- 
iffs of the several Counties, within sixty days from the receipt of the 
copies aforesaid, the person so neglecting shall take no farther benefit 
by this act. And in case of the neglect of one only of the persons men- 
tioned in this act and his forfeiture as aforesaid of the benefit to be de- 



Governor and Council — November 1814. 101 

rived from this act, the other shall have and enjoy all the rights and 
benefits granted by this act to both persons aforesaid." Which being 
read were adopted. And thereupon Resolved, To concur in passing said 
bill with the above proposed amendments: And Mr. Willoby was ap- 
pointed to assign to the House the reasons for said amendments. 

The following bills were received from the House, engrossed and sent 
up for concurrence, viz. "An act for the relief of the Fairhaven Turn- 
pike Company;" "An act appointing a committee to lay out the 4th 
division of land in the town of Sandgate," and "An act for the relief of 
Richard Holding." Which being read, Resolved, To concur in passing 
the same into laws. 

Adjourned to 9 o'clock tomorrow Morning. 



Thursday, November 10, 1814. 9 O'clock A. M. 

Governor and Council met pursuant to adjournment. 

The following bills were received from the House of Representatives, 
engrossed and sent up for concurrence &c. viz. "An act authorizing 
Clark Rogers to perform the duties of first .constable of the town of 
Huntsburgh ; An act repealing an act directing the mode of obtaining 
licences and regulating inns and houses of public entertainment, passed 
Nov. 2, 1798; An act relating to betterments; An act annexing a part of 
Philadelphia to the town of Goshen; An act in addition to an act for the 
support of the gospel; An act relating [to] advertisements; An act incor- 
porating the Windsor female Academy; An act directing the treasurer to 
pay Moody Rich the sum therein mentioned." Which being read, Re- 
solved, To concur in passing the same into laws. 

The bill entitled " An act for the relief of the widow and children of 
James Wiley," with the amendments heretofore proposed by the Gover- 
nor and Council, was called up, and on motion Resolved, That said 
amendments be rescinded. And thereupon Resolved, That the follow- 
ing farther amendments be proposed, viz. Strike out the words " one 
hundred dollars annually for three years in trust for the use and bene- 
fit," and insert the words " one hundred and twenty-five dollars in trust 
as a donation from this legislature for the immediate relief," and that the 
Council concur in passing said bill into a law, with the foregoing 
amendment. 1 

A bill directing the treasurer to pay James H. Langdon the sum 
therein mentioned, with an order to refer the same to the joint Commit- 
tee of Claims, was rec d - from the House, and Resolved, To concur in 
said reference. 

Mr. Painter introduced a bill entitled " An act making a loan to Mid- 
dlebury College," Which being read, Resolved, That the same pass to 
be sent to the General Assembly for their concurrence. 

Adjourned to 2 O'clock P. M. 

x The House concurred, and so the bill became a law. The preamble 
to the act states that "James Wiley, late of Weybridge, in Addison 
County, deceased, patriotically volunteered his services under General 
Samuel Strong, and that, in defence of his country, he received a mortal 
wound, at Plattsburgh, on the 11th day of September, 1814, and hath left 
a widow and six children without property or means of support." There- 
fore a donation of one hundred and twenty-five dollars was made to Samuel 
Jewett of Weybridge, in trust, for the immediate relief of the widow and 
children. 



102 Governor and Council — November 1814. 

2 O'clock P. M. — Governor and Council met according to adjourn- 
ment. 

A petition of Daniel Dutcher, with an order to refer the same to the 
joint committee on the petition of Thomas Ward, was received from the 
House of Representatives : And on motion Resolved, To concur in said 
reference without reading. 

The following bills were received from the House of Representatives 
for concurrence &c. "An act in addition to an act entitled an act con- 
stituting the Supreme Court ; An act constituting the Memphramagog 
Turnpike Company; An act making farther provision in the Judiciary 
department ; An act directing the treasurer to pay Daniel Dutcher the 
sum therein mentioned ; An act relating to the State's prison," Which 
being read, Resolved, To concur in passing the same into laws. 

Adjourned to 8 o'clock tomorrow morning. 



Friday November 11, 1814. 8 O'clock A. M. 

Council met pursuant to adjournment. 

Rec d - from the General Assembly the following resolution, — 

" In General Assembly Nov. 10, 1814. 

Resolved, The Governor and Council concurring herein, that both 
Houses meet in the Representatives' Room tomorrow morning at 9 
o'clock to elect three directors of the Vermont State Bank for the en- 
suing year." Which was read and concurred. 

Rec d - from the House of representatives the following bills, engrossed 
and sent up for concurrence, viz. "An act directing the treasurer of 
this State to pay the sums therein mentioned ; An act assessing a tax 
on the County of Essex ; An act directing the Surveyor of public build- 
ings to procure stoves for the State House ; An act directing the treas- 
urer to pay Daniel Dana the sum therein mentioned ; An act directing 
the treasurer to pay J. H. Langdon the sum therein mentioned ; An act 
for the relief of Mary Beach ; An act directing the treasurer to pay Job 
Lyman the sum therein mentioned ; An act freeing the body of Serenus 
Swift from arrest or imprisonment for the term of five years ; An act 
designating a place for erecting public buildings in the County of Wind- 
ham ; An act appointing a committee to alter a part of the County road 
from Chelsea to the south line of Wheelock ; An act laying out a road 
from Middlebury to Montpelier ; An act appointing a committee to al- 
ter the County road leading from Montpelier to Danville; An act in addi-* 
tion to an act making provision for the payment of costs of prosecution 
in certain cases therein mentioned; An act altering the time for holding 
the County Courts in the Counties of Caledonia and Essex ; An act in 
addition to an act entitled an act for regulating and governing the militia ; 
An act granting to Capt. Thomas M c Donough a certain tract or farm of 
land therein mentioned ; An act making the necessary provisions 
for the support of government the present year," Which being read, 
Resolved, To concur in passing the same into laws. 

On motion Resolved, That Mr. Willoby be appointed on the Commit- 
tee to take into consideration the mode to be adopted to procure the 
collection of arrearages of taxes in this State, in the room of Mr. Miller 
who has leave of absence. 

Rec d - from the House of Representatives the following resolution, — 
" In General Assembly, Nov. 11, 1814. 

Resolved, The Governor & Council concurring herein, that the two 
Houses meet in joint committee this day at 10 o'clock for the purpose 
of choosing a quartermaster general." Which was read and concurred. 



Governor and Council — November 1814. 103 

Bec d - from the House the following resolutions, viz. 

" In General Assembly Nov. 11, 1814. 

Kesolved, The Governor and Council concurring herein, that the 
thanks of the Legislature of the State of Vermont be presented to the 
Hon. Samuel Strong, and the patriotic citizens who with him volun- 
teered their services, cordially united under his command, to repel the 
formidable invasion of a sister Slate, for his and their distinguished 
services and patriotism in promptly aiding General Macomb in the de- 
fence of Plattsburgh, — bravely meeting every danger and repelling every 
attack ; in testimony of the high sense entertained by this legislature 
of his gallant conduct as commander in chief of the Vermont Volun- 
teers, and of their promptitude and bravery in defence of their Country. 

" In General Assembly Nov. 9, 1814. 

Resolved, The Governor and Council concurring herein, that the 
thanks of the legislature of Vermont be presented to Capt. Thomas M c 
Donough, in testimony of their unfeigned gratitude and inexpressible 
feelings to the Hero and Patriot, for his unequalled bravery and import- 
ant services in the conquest of a British Squadron of superior force on 
the 11th of September 1814, which protected the soil of freemen, gained 
the applause of millions, and merited universal respect and admiration. 

Resolved, That Capt. Thomas M c Donough be requested to present 
the thanks of this Legislature to Lieut. Stephen Cassin, Lt. Joseph 
Smith, Lt. Charles A. Budd, and the subordinate officers and crew of 
his squadron, in testimony of the high sense entertained by this legisla- 
ture of their bravery and good conduct in the naval action on the mem- 
orable 11th of September 1814, which ended in the capture of the British 
squadron on Lake Champlain. 

" In General Assembly Oct. 11 [9,] 1814. 
Resolved, The Governor and Council concurring herein, that this 
legislature, entertaining a high sense of the undaunted bravery and 
skill of General Alexander Macomb, and his companions in arms, in the 
defence of an important post, and in discomfiture of the enemy at 
Plattsburgh, consisting of superior numbers and commanded by many 
of his ablest generals, do present to General Alexander Macomb, and 
through him to the officers and soldiers under his command, in the 
name and behalf of the freemen of Vermont, the thanks of this legisla- 
ture for their gallant conduct. 

14 In General Assembly, Nov. 9, 1814. 

Resolved, That His Excellency the Governor be requested to commu- 
nicate a copy of the respective resolutions to Capt. Thomas McDon- 
ough, Hon. Samuel Strong, and Gen. Alexander Macomb, as soon as 
may be." 

Which were read, and on motion Resolved, To concur with the House 
in their said resolutions. 

Agreeably to the two resolutions of the House of Representatives, 
concurred in [by] the Council this morning, the Governor and Council 
proceeded to the Representatives' Room, for the purposes mentioned in 
said resolutions: And the votes being taken, sorted and counted, Benja- 
min Swan, Job Lyman and James D. Butler Esquires were declared duly 
elected Directors of the Vermont State Bank: and Amos W. Barnum 
Esquire Quarter-master general. When the Governor and Council re- 
turned to their Chamber. 

On motion Resolved, The General Assembly concurring herein, that 
the Secretary of State be directed to publish the act making provision 



104 



Governor and Council — November 1814. 



for the writ of Habeas Corpus in all the newspapers printed in this 
State, as soon as may be. 1 

The following resolution from the General Assembly was called up, 
viz. 

" In General Assembly Nov. 10, 1814. 

Resolved, the Governor and Council concurring herein, that both 
Houses meet in the Representatives' Room on Friday Morning at 10 
o'clock A. M. for the purpose of adjourning the General Assembly with- 
out day." Which was read and concurred. 

The following debenture of the Lt. Governor and Council was read 
and adopted, viz. 



Names. 


No. of 


Amt of 


No. of 


Amt of 


Amt of 


Miles. 


Mileages. 


Days. 


Attendance. 


Debenture. 


Gov. Chamberlain 


28 


3 


36 


30 


120 


_t_ 


123 


36 


W. Hunter 


64 


7 


68 


2 


3 





10 


68 


E. Keyes 


42 


5 


04 


2 


3 


— 


8 


04 


H. Seymour 


60 


7 


20 


2 


3 


— 


10 


20 


M. Richards 


92 


11 


04 


2 


3 


— 


14 


04 


B. Loomis 


42 


5 


04 


2 


3 


— 


8 


04 


F. Bliss 


55 


6 


60 


2 


3 


— 


9 


60 


Wm. Hall 


90 


10 


80 


21 


31 


50 


42 


30 


3. Ellsworth 


34 


4 


08 


17 


25 


50 


29 


58 


N. Baylies 


rl 


— 


12 


30 


45 


— 


45 


12 


S. Miller 


30 


3 


60 


30 


45 


— 


48 


60 


J. Hubbard 


40 


4 


80 


30 


45 


— 


49 


80 


G. Painter 


60 


7 


20 


22 


33 


— 


40 


20 


D. Dana 


75 


9 


— 


30 


45 


— 


54 


— 


J. W. Chandler 


28 


3 


36 


27 


40 


50 


43 


86 


Z. Willoby 


70 


8 


40 


30 


45 


— 


53 


40 


E. Stevens 


40 


4 


80 


30 


45 


— 


49 


80 


J. D. Butler 


60 


7 


20 


30 


45 


— 


52 


20 


S. Swift Secy- 
" office 


60 


7 


20 


30 


7 I\ 


— 


89 


20 


C. Keith Shff. 


7 


— 


84 


30 


45 


71} 


50 


59 


Wood &c. 


— 


117 


36 


— 


4 




978 


399 


715 


25 


832 


61 



Agreeably to the concurrent resolution of both Houses, His Excel- 
lency the Governor, His Honor the Lt. Governor and the Hon. Council 
proceeded to the Representatives' Room, where the throne of grace was 
addressed in prayer by the Rev.. Chaplain of the General Assembly: 
And the Legislature was adjourned without day. 

Sam l - Swift, Secretary. 

The foregoing from page 109 to page 208 [of the manuscript Council 
Journal, Vol. 7,] is a true Journal of the proceedings of the Governor 
and Council of the State of Vermont at their session holden at Mont- 
pelier on the second Thursday of October in the year of our Lord 1814. 

Sam l - Swift, Secretary. 



For this act see printed Laws of 1814, p. 135. 



THIRTY-NINTH COUNCIL. 

OCTOBER 1815 TO OCTOBER 1816. 



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

Councillors. 



Elias Keyes, Stockbridge, 
Josiah Wright, Pownal, 
Ezra Butler, Waterbury, 
Frederick Bliss, Georgia, 
William Hunter, Windsor, 
Pliny Smith, Orwell, 

Samuel Swift, Middlebury, Secretary to Oct. 14, 1815. 
Rollin C. Mallary, Castleton, Secretary from Oct. 14, 1815. 
George Worthington, Montpelier, Sheriff. 



Mark Richards, Westminster, 
William Cahoon, Lyndon, 
Joel Doolittle, Middlebury, 
James Tarbox, Randolph, 
Truman Chittenden, Williston, 
Timothy Stanley, Greensboro' . 



BIOGRAPHICAL NOTICES. 

Gen. William Cahoon, son of Daniel Cahoon of Providence, R. I., 
and brother of Daniel Cahoon jr., the first settler of Lyndon, was born 
in 1774 and first appears in Vermont records as town representative of 
Lyndon in the General Assembly in 1802, which office he held nine 
years. He was delegate in the Constitutional Conventions of 1814 and 
1828 ; Presidential Elector in 1808 ; Judge of Caledonia County Court 
1811-1819, eight years ; Councillor 1815 till 1820, five years ; Lieutenant 
Governor 1820 till 1822, two years ; and Member of Congress 1829-1833, 
six years. He died May 30 1833.— Vt. Hist. Magazine, Vol. I, title Lyndon. 

Joel Doolittle was graduated at Yale College in 1799 and came to 
Middlebury in 1800 as the first tutor in Middlebury College. Admitted 
to the bar in 1801, he was a successful advocate and counsellor until 



106 Biographical Notices. 

1817, when he was elected a judge of the Supreme Court. He held 
that office 1817 till 1823, and again in 1824 ; was Councillor three years, 
commencing in 1815 ; representative in the General Assembly in 1824 ; 
and member and president of the Council of Censors in 1834. He died 
in March 1841, at the age of 68. — Swift's History of Middlebury, in which 
see portrait. 

James Tarbox, born in Merrimac, N. H., in 1759, settled in Randolph 
about 1794 and engaged successfully in trade. Being held in very high 
esteem for sound judgment and sterling integrity, he was much employed 
in public service. He represented his town in the General Assembly 
six years, first in 1797 and last in 1813 ; was one of the Council of Cen- 
sors in 1806, Judge of Orange County Court 1806 until 1812, Councillor 
in 1815, and Presidential Elector in 1808 and 1832. He died Aug. 25, 
1841, aged 82 years. Though he had eight children, all died of consump- 
tion, and the last of his descendants at this writing is a granddaughter, 
the wife of Hon. Charles Dewey of Montpelier. In a sketch of Judge 
Tarbox, in Vt. Hist Magazine, Vol. n, p. 1051, it is erroneously stated 
that he settled in Randolph in 1798, since he represented the town in 
1797. — Vt. Hist. Magazine, Vol. n, pp. 1051-2 ; Deming's Catalogue ; and 
Vt. Legislative Directory for 1876-7. 

Truman Chittenden, fourth and youngest son of Gov. Thomas 
Chittenden, followed the business of his father and settled on a farm ad- 
joining the homestead in Williston. Hon. David Read has thus sketched 
his public services and character in Vt. Hist. Magazine, Vol. I, p. 907 : 

He was justice of the peace thirty years, judge of probate eleven years, 
judge of the county court seven years, state councillor for twelve years, 
and twenty-six years a member of the corporation of the University of 
Vermont. He represented the town four years, and was ever employed 
in some public duties. His principles always aimed at truth and justice, 
and his example was a public blessing. He possessed a sound judgment 
and quick, penetrating mind, and sometimes indulged in wit and sarcasm. 

Timothy Stanley, one of the original proprietors of Greensborough, 
settled his family in that town in 1792, though he had been there two 
years earlier, and as early as Dec. 1788 had lost a foot by frost in attend- 
ing a meeting of the proprietors of Greensborough holden at Cabot. 
Notwithstanding this misfortune, he was one of the most enterprising 
and energetic of men in that town, and exceedingly serviceable and in- 
fluential in the county for many years. He represented Greensborough 
thirteen years, first in 1795 and last in 1813, and was delegate in the 
Constitutional Convention of 1814. He was Clerk of Orleans County 
Court in 1801, and Judge from 1802 until 1814 and again 1815 until 1824. 
He was Presidential elector in 1820, and Councillor 1815 until 1825. — 
Thompson's Vermont; Deming's Catalogue; and Vt. Legislative Directory 
for 1876-7. 



Governor and Council — October 1815. 107 

RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT MONTPELIER, 

October, 1815. 



The Journal of The proceedings of the Governor & Council at their 
session begun & holden at Montpelier on the second Thursday of Octo- 
ber, being the 12 th day of said month. A. D. 1815. Present His Excel- 
lency Martin Chittenden, Governor. His Honor William Chamberlain, 
L*- Governor. The Honorable Gamaliel Painter, Solomon Miller, John 
W. Chandler, Zerah Willoby, Nicholas Baylies, Daniel Dana, Elias Ste- 
vens, James D. Butler, Josiah Hubbard, John Ellsworth, Councillors. 
Samuel Swift Esquire, Secretary. George Worthington Esquire, Sheriff. 

Mr. Edmond from the house of Representatives appeared in Council 
Chamber & informed the Governor & Council that the House had organ- 
ized by choosing the Hon. William A. Griswold Speaker & William D. 
Smith Clerk, pro tempore, & are ready to receive any communication 
which the Governor & Council may wish to make to them. 

Ordered that the Secretary be directed to inform the house of Repre- 
sentatives that a quorum of the Council have assembled & are ready to 
receive any communication which the General Assembly may choose to 
make to them. 

Mr. Fisk from the house of Representatives appeared in the Council 
Chamber & informed the Governor & Council that they have appointed 
a committee to join such committee as the Governor & Council may ap- 
point to receive, sort & count the votes for Governor, L*- Governor, 
Treasurer & Councillors for the Year ensuing. 

Resolved that the Council proceed to appoint a committee of five 
members of Council to join the committee of the House of Representa- 
tives to receive, sort & Count the votes for Governor, L*- Governor, 
Treasurer & Councillors for the Year ensuing — Committee Chosen were 
Messrs. Baylies, Dana, Chandler, Butler & Willoby. 

Adjourned to 2 O'clock P. M. > 

2 O'clock P. M. — Council met pursuant to adjournment. 

Mr. Hatch from the House of Representatives appeared in Council 
Chamber & informed the Governor & Council that the house of repre- 
sentatives had assembled & invited the Governor & Council to meet them 
in the representatives' room to receive the report of the Canvassing com- 
mittee. His Excellency the Governor & the Hon 1 - Council accordingly 
repaired to the Representatives' room, when the following report was 
made. Viz. 

"To the Honorable General Assembly now sitting: The committee 
appointed to receive, sort & Count the votes for Governor, L*- Governor, 
Treasurer & Councillors for the Year ensuing do report & declare that 
the Honorable Jonas Galusha is elected Governor— The Honorable Paul 
Brigham L 4 - Governor — and Benjamin Swan Esq r - is elected Treasurer 
— & that the Honorable Josiah Wright, Mark Richards, Pliny Smith, 

1 The election sermon was preached by Rev. Henry Davis. 



108 Governor and Council — October 1815. 

Elias Keyes, William Hunter, Joel Doolittle, James Tarbox, Truman 
Chittenden, Ezra Butler, William Gaboon, Frederick Bliss & Timothy 
Stanley are elected Councillors for the year ensuing. 

Nicholas Baylies, Chairman. 
Attest, U. C. Hatch." 

After which the Governor & Council returned to their Chamber; and 
the Council adjourned to 9 O'C. A. M. tomorrow. 1 



Friday October 13, 1815. 9 O'C. A. M. 

Council met pursuant to adjournment. 

His Honor Paul Brigham U- Governor & the following Councillors 
elect appeared in Council, To wit — the Hon 1 - Elias Keyes, William Hun- 
ter, Frederick Bliss, Mark Richards, James Tarbox, Truman Chitten- 
den & Joel Doolittle, who took & subscribed the necessary oaths of office 
& took their seats. 

Mr. Williams from the House of Representatives appeared in Council 
Chamber & informed the Governor & Council that they had organized 
and appointed Hon. William [A.] Griswold Speaker & William D. Smith 
Esqr. Clerk. 

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

2 O'C. P. M. — The Governor and Council met pursuant to adjourn- 
ment. 

Ordered, that the Secretary be directed to inform the house that this 
body have organized & are ready to proceed to business. 

Hon 1 - Josiah Wright, & Ezra Butler, councillors elect, appeared in 
Council & having taken & subscribed the necessary oaths they took their 
seats. 

Adjourned to 9 O'C. tomorrow morning. 



Saturday October 14, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

The Honorable Jonas Galusha, Governor elect, appeared in Council 
Chamber & immediately with His Honor the I> Governor & Council pro- 
ceeded to the Representatives' room, when the necessary oaths of office 
were administered & His Excellency delivered the following Speech. 1 

After which the Governor & Council returned to their Chamber & 
adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The Petition of Samuel E. Godfrey, a convict under sentence of death, 
praying for a pardon, was rec d - with an order of the General Assembly 
thereon referring the same to a committee of five to join from Council 
—whereupon it was Resolved to join said Committee of the House & 
Messrs. Wright, Butler & Keyes were appointed to join. 

His Excellency the Governor with the advice of Council appointed 
Rollin C. Mallary Secretary of the Governor & Council for the year en- 

1 The votes for Governor were as follows: Jonas Galusha, 18,055; Mar- 
tin Chittenden, 16,632; scattering, 571. 
* For the speech see Appendix A. 



G-overnor and Council — October 1815. 109 

suing. — Rollin C. Mallary, having been duly appointed Secretary of the 
Governor & Council, was duly qualifyed [qualified] & entered upon the 
duties of that office. 
Adjourned to Monday morning next at 9 O'Clock. 



Monday October 16, 1816. 9 O'Clock A. M. 

The Governor and Council met pursuant to adjournment. 

His Honor the I> Governor on motion & leave introduced a bill enti- 
tled u an act granting a reprieve to Samuel E. Godfrey;" which was read, 
passed & ordered to be sent to the General Assembly for their concur- 
rence. 1 

Received from the General Assembly resolutions appointing the fol- 
lowing committees, — viz. 

1 st Resolution appointing a committee of the House of four members 
to join from Council to be denominated the Committee of Suspensions 
— in which the Council concurred & appointed Mr. Doolittle to join. 

2 nd Resolution appointing a committee of four members of the house 
to join a committee from Council to be denominated the Turnpike Com- 
mittee, in which the Gov. & Council concurred & Mr. Tarbox was ap- 
pointed to join. 

3 d Resolution appointing a committee of four members of the house 
to join such committee as the Gov. & Council may appoint to be denom- 
inated the Committee of Manufactures, in which the Gov. & Council 
concurred & Mr. Richards was appointed to join. 

4 th Resolution appointing a committee of four members of the House 
to be denominated the Committee of Claims, in which the Governor & 
Council concurred & Mr. Butler was appointed to join. 

5 th Resolution appointing three committees of two members each to 
join such committees as the Gov. & Council may appoint to be denomin- 
ated the first, second & third land tax committees, in which the Gover- 
nor & Council concurred— & Mr. Chittenden was appointed to join the 
first committee — Mr. Bliss the Second, & Mr. Stanley the third. 

6 Resolution appointing a committee of four members of the House 
to join such committee as the Gov. & Council may appoint to be denom- 
inated the Military Committee, in which the Governor & Council con- 
curred & Mr. Keyes was appointed to join. 

Rec d - from the House the petition of Charles Y. & Betsy [P.] Chase 
with an order of the house referring the same to a committee of two to 
join from Council— whereupon it was Resolved to join said committee & 
Mr. Chittenden was appointed. 

The Petition of Geo. W. Weaver & others was received from the 
House with an order thereon referring the same to a committee of two 
members of the house to join a committee from Council, which was 
read & thereupon it was Resolved to concur with the house in said ref- 
erence & Mr. Doolittle was appointed. 

The Petition of Henry Hodges & others with an order of the house 
referring the same to a committee of two members of the house to join 
such committee as the Governor & Council may appoint, was received 
& read, whereupon it was Resolved to concur with the Gen 1 - Assembly 
in said Reference & Mr. Wright was appointed. 

1 Godfrey was under sentence of death, to be executed on the 20th of 
October then instant, for the murder of Thomas Ilulet, a keeper in the 
State prison. The object of this bill was to give time for legislative ac- 
tion in the case. 



110 Governor and Council — October 1815. 

The petition of Ambrose Holden with an order of the house referring 
the same to a committee of [the] house [three] to join such committee as 
the Gov. & Council may appoint, was rec d - & read & thereupon it was 
Resolved to concur with the Gen 1 - Assembly in said reference & Mr. 
Bliss was appointed. 

The Petition of Peter Merritt with an order of the house referring the 
same to a committee of two members of the house to join such commit- 
tee as the Governor & Council may appoiut was received & read & there- 
upon it was Resolved, to concur with the house in said reference & Mr. 
Keyes was appointed to join. 

The Petition of Surviah Anderson— the Petition of Joel Hamilton & 
Hannah Claghorn were received with an order of the house on each 
referring the same to the joint committee on the petition of Peter Mer- 
rit, which were severally read & it was thereupon Resolved to concur 
with the General Assembly in their said references. 

A Bill entitled " an act granting a sum of money to Jerusha Lyman " 
with an order thereon of the House referring the same to a committee 
of four members of the house to join such committee as the Governor & 
Council may appoint, which was read, & thereupon it was Resolved to 
concur with the House in said Reference & Mr. Butler was appointed. 

The petition of Beriah Woodward was received with an order of the 
house referring the same to a com ee of two members of the house to join 
such committee as the Gov. & Council may appoint, which was read & 
it was Resolved to concur with the house in said reference & Mr. Hunter 
was appointed to join. 

The petition of Rhoda Johnson was received with an order of the 
house referring the same to a committee of three to join, which was 
read & it was Resolved to concur with the House in said reference & 
Mr. Richards was appointed to join. 

The Petition of Josiah Lawrence was received with an order of the 
house referring the same to the joint committee on the petition of Rhoda 
Johnson, which was read & it was thereupon Resolved to concur with 
the Gen 1 - Assembly in said Reference. 

The petition of Harvey Gilman was received with an order of the 
House to refer the same to a committee of four to join such committee 
as the Governor & Council may appoint, which was read & thereupon it 
was Resolved, to concur with the General Assembly in said reference 
& Gov. Brigham was appointed. 

The Petition of Eleazer Flagg & Rufus Parker with an order of the 
House referring the same to a committee of the house of two members 
to join such committee as the Governor & Council may appoint, which 
being read it was Resolved to concur with the General Assembly in 
said reference & Mr. Tarbox was appointed to join. 

The Petition of the Selectmen of Fairhaven & Westhaven was rec d - 
with an order of the General Assembly referring the same to a commit- 
tee of four members of the house to join such committee as the Gov. & 
Council may appoint— which being read it was Resolved to join in said 
committee of the house & Mr. Keyes was app d - 

The petition of Patrick Johuson with an order of the house thereon 
referring the same [to] a committee of the house to join such commit- 
tee of the Council as the Governor & Council may appoint, was received 
& read & it was thereupon Resolved to concur with the General assem- 
bly in said reference & Mr. Bliss was appointed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— The Governor & Council met pursuant to adjournment. 

Received the petition of Simeon Hicks & others — the petition of Abel 
Grant & others — the petition of John Bradley & others— the petition of 



Governor and Council — October 1815. Ill 

Amos Howard 2 d & others—the bill relating to the Waltham Turnpike, 
with an order of the house on each referring the same to the joint Turn- 
pike Committee— which were severally read & it was Resolved to concur 
with the General assembly in said reference. 

Rec d - the Petition of Elias Bates with an order of the house referring 
the same to the joint Committee of Claims— which being read it was 
Resolved to concur with the General assembly in said reference. 

The Petition [of] Gershom S. Spencer & the petition of Nathan Bur- 
ton & others were received with an order of the house on each referring 
the same to the joint Military Committee, which being severally read it 
was thereupon Resolved to concur with the General assembly in said 
references. 

Mr. Clapp of the General assembly appeared in Council Chamber & 
returned the bill entitled an act granting a reprieve to Samuel E. God- 
frey with proposals of amendment by the House, viz. by erasing out the 
word "first " in the l 8t Section before the word "friday " & insert the 
word " Second." — Mr. Clapp assigned the reasons of the house for said 
Amendment & he withdrew. The Governor & Council then proceeded 
to consider said amendment when it was Resolved to concur with the 
house in the same. 

Received from the House the petition of Westmore — the petition of 
Lutterloh [Albany] — the petition of Craftsbury — the petition of Jay — 
the petition [of] Sheffield — the petition of Joseph Buck & others for a tax 
on Irasburgh — each praying for land taxes, with an order of the house 
referring the same to the l 8t land tax committee — which being read it 
thereupon was Resolved to concur with the house in referring the same. 

The petition of Christopher Bartlett & others — the petition of Sewall 
Cutting — the petition of David Hazeltine were received with an order 
of the house referring the same to the joint Committee of Claims — 
which being read it was thereupon Resolved to concur with the General 
Assembly in referring the same. 

The petition of Rufus Bugbee — the petition of Sebron [or Sebrean] 
C. Taylor — 'the petition of the Brattleboro Artillery Company — the Pe- 
tition for a company of Riflemen in Middlebury, were received with an 
order of the house referring the same to the joint Military Committee, 
& they were severally read & it was Resolved to concur with the Gen- 
eral Assembly in said reference. 

The Petitions of Oliver Perrin — of Jonas Phillips— of Asa Morse — of 
Anthony Jones — of Daniel Staniford — of Ephraim Skinner — of Elisha 
Lewis— of Arnold W. Dix — of William Smith — of Samuel Payne— of 
Samuel Dudley — of Amasa Soper were received from the General as- 
sembly with an order on each referring the same to the joint Committee 
of Suspensions, which were severally read & it was thereupon Resolved 
to concur with the General Assembly in their said references. 

Received from the house the petition of John Steward with an order 
of the General assembly thereon referring the same to the joint Com- 
mittee on the Petition of the Inhabitants of Salisbury, which being read 
it was thereupon Resolved to concur with the General Assembly in said 
reference. 

Received from the house the petition of Joseph Dixon with an order 
of the house referring the same to the joint committee on the petition of 
Ambrose Holden, which being read it was thereupon Resolved to concur 
with the Gen 1 - Assembly in said reference. 

The petition of Caleb Clapp was received from the house with an order 
thereon referring the same to the joint Committee of Manufactures, 
which being read it was Resolved to concur with the General Assembly 
in said reference. 



112 Governor and Council — October 1815. 

Rec d - from the house a Resolution appointing the 17th day of the 
present month at 4 o'clock P. M. a time for both houses to meet in 
County Conventions to nominate county officers, & that they meet in 
the Representatives' room on Wednesday morning for the purpose of 
electing such officers ; which was read & it was thereupon Resolved to 
concur with the Gen 1 - assembly in passing the same. 

Adj d - to 9 O'C. A. M. tomorrow. 



Tuesday October 17, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Received from the House a resolution appointing 10 A. M. this day 
a time for both houses to meet in joint committee for the purpose of 
electing a chaplain for the present Session of the General Assembly-— 
which bein<* read it was Resolved to concur with the General assembly 
in passing the same. 

The Hon 1 - Timothy Stanly [Stanley] & William Cahoon, members 
elect of the Council, appeared in Council Chamber, when they took & 
subscribed the several oaths [of] office & took their seats. 

The petition of Abishai Hoisington with an order of the House thereon 
referring the same to a committee of 4 members to join such committee 
as the Gov. & Council may appoint, was received & read & it was there- 
upon Resolved to concur with the General Assembly in said reference, 
& Messrs. Wright & Cahoon were duly appointed. 

The Petition of Jerahmeel Cummings with an order of the house 
thereon referring the same to the joint committee on the Petition of 
A. Hoisington was received & read & thereupon it was Resolved to con- 
cur with the General Assembly in said reference. 

The Petition of Stedman Martin with an order of the house thereon 
referring the same to a committee of three members of the General 
Assembly to join from Council, which was read, Whereupon it was Re- 
solved to concur with the house in said reference and Mr. Stanley was 
appointed. 

The petition of William Hill & Nathaniel Lawrence — of Alexander 
Campbell, with orders thereon of the house referring the same to the 
joint Committee of new Trials, were received & being read it was Re- 
solved to concur with the General Assembly in said reference. 

Pursuant to the resolution of the house & Concurred in this morning 
by the Governor & Council, the Governor & Council proceeded to the 
Representatives' room to meet the House in joint committee for the 
purpose of electing a Chaplain for the present Session, which being 
done the Gov. & Council returned to their Chamber, & resumed the 
consideration of business. 1 

The petition of Coit's Gore with an order of the House thereon refer- 
ring the same to a committee of 4 members to join from Council [was 
received,] which was read & thereupon it was Resolved to concur with 
the House in said reference & Mr. Richards was appointed. 

The petition & remonstrance of Bakersfield^-of John Warner & 
others were received with an order of the House referring the same to 
the joint Committee appointed on the petition of Coit's Gore, which 
being read it was Resolved to concur with the house in said reference. 

1 The Rev. Henry Davis, the preacher of the election sermon, had 
been appointed by the House, but he declined. The House balloted 
three times in succession without a choice, when the Council on request 
of the House joined, and Rev. Nathaniel Kendrick was elected. 



Governor and Council — October 1815. 113 

The Petition of Isaac Warner & others — of "William H. Williams with 
an order of the house on each referring the same to the joint Turnpike 
Committee — which being read it was thereupon Resolved to concur with 
the General assembly in said reference. 

The petition of the Inhabitants of Athens & Brookline [was received] 
with an order of the House referring the same to the joint committee on 
the petition of Abishai Hoisington, which being read it was thereupon 
Resolved to concur in said reference. 

The petitions of Nathaniel S. Russell—of Anthony Jones were re- 
ceived with an order of the house on the same referring the same to the 
Committee of Suspensions, which being read Resolved to concur with 
the house in said reference. 

The petition of the proprietors of Landgrove [was received] with an 
order of the house referring the same to a committee of two [members] 
of the house to join from Council, which being read it was thereupon 
Resolved to join & Mr. Cahoon was appointed. 

The petition of Glover with an order of the house thereon was re- 
ceived referring the same to the 1 st joint land tax committee, which be- 
ing read it was Resolved to concur with the house in said reference. 

The Petition of Peru was received with an order of the house thereon 
referring the same to the 2 d joint land tax com ee » which being read it 
was thereupon Resolved to concur with the General Assembly in said 
reference. 

The petition of Dudley Chase & others was received with an order of 
the house referring the same to a committee of two members of the 
House to join such Committee as the Gov. & Council may appoint, 
which was read & thereupon it was Resolved to concur with the house 
in said reference & Mr. Tarbox was appointed. 

Petition of Select men of Athens with an order of the house referring 
the same to a Committee of three to join from Council, which being 
read it was Resolved to concur in said reference & Mr. Stanley was 
app d - 

The Petition of John Wellman was received with an order of the 
house referring the same to a committee of three to join from Council, 
which was read & it was Resolved to concur in said reference & Mr. 
Hunter was app d - 

The Petition of Freeman Haynes was received with an order of the 
house referring the same to a committee of two members of the house 
to join from Council — which being read it was Resolved to concur with 
the House in said reference & Mr. Chittenden was appointed. 

Received from the house the bill entitled "an act in addition to the 
several acts already passed respecting marriage & divorce," with an 
order of the house referring the same to a committee of two members 
of the house to join from Council— which being read it was Resolved to 
concur with the house in said reference & Mr. Doolittle was appointed 
to join. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M.— Governor & Council met pursuant to adjournment. 

The petitions of Eleazer Flagg— of B. Sargeants [Sargent,]— of Cyrus 
A. Lockwood— of Carver Bates— of Josiah Marsh, each praying for an 
act of suspension, were received with an order of the house on each 
referring the same to the joint Committee of Suspensions, which were 
severally read & it was Resolved to concur with the house in each of 

The petition of Simeon Rising — of the Windham Turnpike Coy— of 
Samuel Burbank & others with an order of the house on each referring 

8 



114 Governor and Council — October 1815. 

the same to the joint Turnpike Com ee — which were severally read & it 
was thereupon Resolved to concur with the House in said references. 

The Petition of Select men of Faystown was received with an order of 
the House on the same referring it to the joint Committee of Claims — 
which being read it was Resolved to concur with the General Assembly 
in said reference. 

The petitions of Nathan C. Johnson— of Nathan Lathrop, with an 
order of the house on each referring the same to the joint committee on 
the petition of Martin & Newman, which being severally read it was 
Resolved to concur with the house in their said reference. 

The petition of Inhabitants of Starksborough was rec d with an order 
of the house on the same referring it to the joint committee on the 
petition of the Inhabitants of Salisbury, which being read it was Re- 
solved to concur with the house in said reference. 

The petition of Lutterloh [Albany] was received with an order of 
the house referring the same to a committee of two to join from Coun- 
cil, which being read it was thereupon Resolved to concur with the 
General assembly in said reference, and Mr. Cahoon was appointed. 

The petitions of Worcester & of Troy were received with an order of 
the House on each referring it to the l at joint land tax committee, which 
being read it was Resolved to concur in said reference. 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday October 18, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petitions of Sylvanus Brigham, of Nathan Parker, of Orrick 
Locke, of Silas Hatheway, of Henry Chandler, of William Felt & of Ovid 
Burrall were received with an order of the House on each referring the 
same to the joint Committee of Suspensions, which being read it was 
thereupon Resolved to concur with the house in said reference. 

The petitions of the Winooskie Turnpike Company— of the Pawlett 
Turnpike Company — of the Burlington Turnpike Company — of the In- 
habitants [of] Winhall — of Isaac Ramsdell— of Mosely Hall — of Josiah 
Rising — of Seth P. Sheldon — of Sylvanus Reynolds — the remonstrance 
of Dorset, with an order' of the house on each to refer the same to the 
joint Turnpike Committee, which were severally received from the 
house & read & thereupon it was Resolved to concur in said reference. 

Received the bill entitled "an act directing the Treasurer to pay Jed- 
ediah Hammond the sum therein mentioned"— also the petitions of 
Holden Putnam — of Harry Hale — of Joseph Scott — of Ansell Merritt, 
with an order of the General assembly thereon referring the same to the 
joint Committee of Claims, which were severally read & it was there- 
upon Resolved to concur with the house in said reference. 

The petitions of Navy [Charleston] — of Kingston [Granville] — of 
Moretown — of Waitsfield — of Barton— of Warren, praying for land 
taxes, with orders of the house thereon referring them to* the 2 nd joint 
land tax Committee, [received,] which were severally read & it was 
thereupon Resolved to concur with the house in said reference. 

The petition of Asa Smith & others — the petition & remonstrance of 
George Bid well & others were received with an order of the house 
thereon referring the same to the joint committee on the petitions of 
West & Fairhaven, which were read & it was Resolved to concur with 
the House in said reference. 

The petitions of Lemuel Buck & Christopher S. Bailey were received 
with orders thereon referring the same to the joint Committee of New 



Governor and Council — October 1815. 115 

Trials, which were read & it was thereupon Resolved to concur with the 
house in said reference. 

The petitions of Moses Brown— of Daniel Sanborn & Eli Smith were 
received with an order of the house on each referring the same to the 
joint committee on the petition of Martin & Newman, which were read 
& it was thereupon Resolved to concur with the house in said reference. 

The petition of Stephen Higginson & others was received from the 
house with an order thereon referring the same to the joint Committee 
of Manufactures, which was read & it was thereupon Resolved to con- 
cur with the House in said reference. 

The petition of Seth Wood was received with an order of the House 
referring the same to the joint Military Committee — which being read it 
was Resolved to concur with the house in said reference. 

The petition of the Inhabitants of Vershire & Strafford was received 
with an order of the house thereon referring the same to the joint Com- 
mittee on the petition of Salisbury, which being read it was Resolved to 
concur with the house in said reference. 

The Governor & Council proceeded to the Representatives' room & 
met the house in joint Committee for the purpose of electing County 
Officers & after making progress in said business they returned to their 
Chamber. 

The petition of Curtiss Holgate was received with an order of the 
house thereon referring the same to the joint Committee on the petition 
of Ambrose Holden — which being read' it was Resolved to concur with 
the house in said reference. 

Received from the House the bill directing the Treasurer to pay the 
sum therein mentioned with an order of the house to refer the same to 
the joint Committee .on the petition of Harvey Gilman, which being 
read it was Resolved to concur with the house in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The petition of Ira Fox was received with an order of the house 
thereon referring the same to the joint Committee on the petition of 
Ambrose Holden— which being read it was Resolved to concur with the 
house in said reference. 

Pursuant to the adjournment of the joint Committee the Governor & 
Council proceeded to the Representatives' room to meet the house in 
joint committee for the purpose of electing county officers & after mak- 
ing progress the joint Committee adjourned to tuesday next in the after- 
noon at 2 o'clock when the Governor & Council returned to their Cham- 
ber & resumed the consideration of business. 

Rec d from the house the accounts of Estus Barker, I. Reed, Moses 
Turner, Jeremiah Lee ; also an act for the relief of the first Constable 
of Williamstown, of Ebenezer Parkhurst— of J. H. Munson — of Eber 
Eager — of Bohun Shepherd, with an order of the house on each refer- 
ring the same to the joint Committee of Claims, which were severally 
read & it was Resolved to concur with the General Assembly in said 
reference. 

Received the petition [of] Benjamin Reynolds — of William A. Gris- 
wold & others — of Inhabitants of Berlin & Moretown — of Jonas F. 
Packard — of Randall Rice & others— also a bill incorporating the Green 
Mountain Turnpike Company, with an order of the House on each re- 
ferring the same to the joint Turnpike committee — which being sever- 
ally read it was Resolved to concur with the General Assembly in said 
reference. 

The petitions of J. Smith Jr. Phinehas Gale & others, Peter Heath & 
Asa Barnard's bill were received with orders of the house thereon re- 



116 Governor and Council — October 1815. 

ferring the same to the joint committee on the petition of Martin & 
Newman, which were severally read & it was Kesolved to concur with 
the General Assembly in said reference. 

The petitions of Brownington, of Montgomery, of St. Albans, of 
Braintree, of Inhabitants of Braintree against a land tax, & the act re- 
viving a land tax on St. Albans, were received & each contained an 
order of the House referring the same to the Second joint land tax 
Committee — which were severally read & it was thereupon Resolved to 
concur with the house in said references. 

The petition of John Matthews was received with an order of the 
House referring the same to the joint Military Committee, which being 
read it was thereupon Resolved to concur with the house in said reference. 

Received from the house the bill entitled "an act in addition to an act 
regulating & governing the militia of this State, with an order of the 
house thereon referring the same to the joint Military Committee, 
which being read it was Resolved to concur with the general Assembly 
in said reference. 

The petition of James H. Farnsworth with an order of the house 
thereon referring the same to the joint Committee of Manufactures, was 
received & read whereupon it was Resolved to concur with the house in 
said reference. 

The petitions of the overseers of the poor of Hubbarton — of Seth 
Wetmore, for new trials, with an order of the house on each referring 
the same to the joint Committee of new trials, were received & read, 
whereupon it was Resolved to concur with the house in said reference. 

The petitions of David Lamphire & of John Proctor were received 
from the house with orders thereon referring the same to the joint Com- 
mittee of Suspensions, which being read it was thereupon Resolved to 
concur with the house in said reference. 

The petitions of Peter Shaw — of Samuel Griffin— were received with 
an order of the house on each referring the same to the joint committee 
on the petition of Dudley Chase, which being read it was thereupon 
Resolved to concur with the house in said reference. 

The petition of Jonathan Powers was received with an order of the 
house referring the same to a committee of three to join from # Council, 
which being read it was Resolved to concur in said reference & Mr. 
Keyes was appointed to join from Council. 

The bill entitled " an act for designating a place for the erecting of the 
County buildings in the County of Bennington," was received with an 
order of the house thereon referring the same to a committee of four to 
join from Council, which being read it was Resolved to concur with the 
house in said reference & Mr. Hunter was appointed to join. 

Received from the house the report of Visitors of the State's prison 
with an order of the house referring the same to a committee of the 
house to join, which being read it was Resolved to concur with the house 
in said reference & Mr. Cahoon was appointed to join. 

The petition of Tabitha Burnham was received with an order of the 
house thereon referring the same to a committee of four members to join 
— which being read it was Resolved to concur with the House in said 
reference & Mr. Richards was appointed to join. 

The petition of Wells was received with an order of the house refer- 
ring the same to a committee of four members to join from Council — 
which being read it was thereupon Resolved to concur in said reference 
& Mr. Stanley was appointed to join. 

Received from the House a resolution directing the committee raised 
on the report of the Visitors of the State's prison to take into consider- 



Governor and Council — October 1815. 117 

ation the laws regulating the State's prison &c. which being read it was 
Resolved to concur with the General Assembly in passing said resolution. 
Adjourned to 9 O'C. A. M. tomorrow. 



Thursday October 19, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Mr. Smith, Councillor elect, appeared in Council, who took & sub- 
scribed the oaths of office & took his seat. 

Mr. Smith was appointed on the joint Committee of New Trials. 

A resolution of the house was received appointing 10 O'clock of the 
forenoon of this day a time for both houses to meet in joint committee 
to elect Judges of the Supreme court, which being read it was Resolved 
to concur with the General assembly in passing the same with a propo- 
sal of amendment by erasing the words " tomorrow morning " & insert 
" Friday morning next," & Mr. Keyes was appointed to assign the rea- 
sons to the house. 

Received a resolution of the house appointing a committee of the 
house to join from Council to enquire whether any farther provision 
ought to be made for paupers &c. which being read it was Resolved to 
concur with the house in passing the same & Mr. Smith was appointed 
to join. 

A petition for a Turnpike from Holland to Burke was received from 
the House with an order thereon referring the same to the joint Turn- 
pike Committee — which being read it was Resolved to concur with the 
General assembly in said reference. 

The Petition of Richard Jenness was received with an order of the 
house thereon referring the same to the joint committee on the petition 
of Harvey Gilman, which being read it was Resolved to concur with the 
house in said reference. 

The petition of Fayston for a land tax was received with an order of 
the house to refer the same to the 2 d joint land tax Committee — which 
being read it was Resolved to concur with the house in said reference. 

The petition of Jonathan Cutler was received with an order of the 
house referring the same to the joint Committee of Claims, which being 
read it was Resolved to concur with the house in said reference. 

Received the bill entitled an act directing the Treasurer to pay the 
sums therein mentioned, with an order of the house referring the same 
& the accompanying papers to the joint committee on the petition of 
Martin & Newman, which being read it was thereupon Resolved to con- 
cur in said reference. 

Lt. Gov. Brigham & Messrs. Hunter & Stanley were appointed a Com- 
mittee to take into consideration petitions of the State's prison convicts 
& report thereon. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— The Governor & Council met pursuant to adjournment. 

The petition of Dan Stone & that of Ferrisburgh were received with 
an order of the House referring the same to the joint turnpike commit- 
tee; which being severally read it was Resolved to concur with the 
house in said reference. 

The petition of C. Prescott was received with an order of the house 
referring the same to a committee of 4 members of the house to join, 
which being read it was thereupon Resolved to join said committee & 
Mr. Smith was appointed. 

The petition of Oliver Moulton was received with an order of the 
house referring the same to the joint committee on the petition of C. 



118 Governor and Council — October 1815. 

Prescott — which being read it was thereupon Resolved to concur in said 
reference. 

The petition of Peter Powers & Tilly "Walker was received with an 
order of the house referring the same to a committee of three members 
of the house to join from Council, which being read it was Resolved to 
join said committee & Mr. Smith was appointed. 

The petition of Elias Keyes — of Hosea Williams were received with 
an order of the house on each referring it to the joint Turnpike Com- 
mittee, which being read it was thereupon Resolved to concur with the 
house in said reference. 

The petitions of Reuben Wickwire & Simeon Hatheway was received 
with an order of the house referring the same to the joint Committee of 
New Trials, which being read it was Resolved to concur with the house 
in said reference. 

The petition of A. G. Britton was received with an order of the house 
to refer the same to the joint committee on the petition of Dudley Chase 
& others, which was read & it was Resolved to concur with the house in 
said reference. 

The petitions of Willard [Chapman] — P. Little — Samuel Blackburn 
— O. Willard — B. Hinman — Sam 1 Benham, convicts confined within 
the State's prison, were read & dismissed. 

The petition of Phinehas Blood was received with an order of the 
house thereon referring the same to the joint Committee of Claims, 
which being read it was Resolved to concur with the house in said ref- 
erence. 

The petition of Maidstone was received with an order thereon refer- 
ring the same to the 3 d joint committee of Land taxes, which being read 
it was thereupon Resolved to concur with the house in said reference. 

The petition of Reuben Holland was received with an order of the 
house referring the same to the joint committee on the petition of Mar- 
tin & Newman, which being read it was thereupon Resolved to concur 
with the house in said reference. 

The petition of John Martin, a convict of State's prison praying for a 
pardon, was now called up & taken into consideration & on the question 
Shall the prayer of said petition be granted ? the yeas & nays were taken 
as follows, viz. Yeas, Gov. Brigham, Messrs. Smith, Keyes, Hunter, Tar- 
box, Chittenden, Butler, Cahoon, Bliss & Stanley. — Nays, none. So 
the prayer thereof was granted; and the Secretary issued the pardon & 
warrant of release from prison accordingly. 

Adjourned to 9 O'clock A. M. tomorrow. 



Friday October 20, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

His Excellency the Governor ordered the following communication to 
be sent to the General assembly: 

To the Honorable William A. Griswold Esqr. Speaker of the House 
of Representatives: 

Sir, — I herewith transmit to you to be laid before the General Assem- 
bly Resolutions of several States concerning proposals of amendment to 
the Constitution of the United States. 

Numbers 1 to 5 inclusive contain resolutions from the States of Mas- 
sachusetts, Connecticut, New York, New Jersey & Pennsylvania on the 
subject of several proposals of amendment to the Constitution by the 
States of Massachusetts <fc Connecticut. 

Numbers 6 to 10 inclusive contain resolutions of the several States 
of Maryland, Georgia, Rhode Island, New Hampshire & North Caro- 



Governor and Council — October 1815. 119 

lina on a proposal of amendment to the Constitution of the United States 
reducing the term of service of the Senators of Congress from six to four 
years. 1 

The General Assembly will please to adopt such measures relating 
thereto as the subject may require. Jonas Galtjsha. 

Council Chamber Oct. 20, 1815. 

The petition of Holden Farnsworth was received with an order of the 
House referring the same to the [a] joint committee of two from the 
house & such as the Gov. & Council may appoint, which being read it 
was Resolved to concur with the house in said reference & Mr. Bliss was 
appointed. 

The petition of David Sanderson was received with an order of the 
House referring the same to the joint Committee of Suspensions, which 
being read it was Resolved to concur with the house in said reference. 

The account of Job Lyman— the petitions of Samuel Mattocks — of 
Select men of Fairfield — of Joseph Killam — of John Little — of Elijah 
Burroughs — of Henry S. Merritt [Merrill] & of Nathaniel Cobb 2 d were 
received with an order of the house on each referring the same to the 
joint Committee of Claims, which being severally read it was Resolved 
to concur with the house in said reference. 

The audited account of the State's prison was received with an order 
referring the same to the joint com ee on the report of the Visitors of the 
State's prison, which being read it was Resolved to concur with the 
house in said reference. 

The petition for a tax on North field was received with an order thereon 
referring the same to the 3 d joint land tax committee, which being read 
it was Resolved to concur with the house in said reference. 

The petitions of Salem & of Derby were received with an order of the 
house referring the same to the 2 nd joint land tax committee— concurred. 

The bill entitled an act to authorize the town Clerk of Strafford to 
transcribe a part of the records of the town &c. was received with an 
order thereon referring the same to the joint committee on the petition 
of Fair & Westhaven — which being read it was Resolved to concur with 
the House in said reference. 

The petition of Patty Hugh was received from the house with an 
order thereon referring the same to a committee of the house of four 
members to join from Council— which being read it was Resolved to 
concur with the house in said reference & Mr. Butler was appointed to 
join. 

The petition of Francis Hoy was received with an order of the house 
referring the same to a Committee of the house of two members to join 
from Council, which being read Resolved to concur with the house in 
said reference, & Mr. Smith was appointed. 

Received from the house the bill entitled "an act authorizing the 
administrators to the estate of Dudley Chase late of Cornish [N. H.] de- 
ceased to sell & convey certain lands of said deceased," with an order of 
the house referring the same to the joint committee on the petition of 
Dudley Chase & others, which being read it was Resolved to concur with 
the house in said reference. 

Received the petition of the President & Directors of the Poultney 
Turnpike Co^ with an order of the house referring the same to the joint 
Turnpike committee— which was read & Resolved to concur with the 
house in said reference. 

Received from the house a resolution directing the committee on the 
petition of Francis Hoy to enquire into the expediency of repealing or 

1 See Appendix C. 



120 Governor and Council — October 1815. 

altering the law relative to Hawkers & Pedlers &c. with an order of the 
house referring the same to the joint committee on the petition of Fran- 
cis Hoy — which was read & it was Resolved to concur with the house in 
passing said resolution. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Governor & Council met pursuant to adjournment. 

Benjamin Swan Esqr Treasurer of the State of Vermont elect came 
into Council Chamber & presented [a] bond in the penal sum of one hun- 
dred thousand dollars conditioned for the faithful performance of the 
duties of his office as Treasurer, signed by himself as principal & Elias 
Keyes & Charles Marsh as sureties ; which being read was approved & 
accepted ; whereupon the oaths of office were duly administered to him 
as Treasurer as aforesaid. 

Received from the House a resolution requesting His Excellency the 
Governor with the advice & consent of Council to appoint Thursday the 
7th day of December next as a day of public thanksgiving & praise 
throughout this State ; which was read & passed. 

Received the petitions of John M c Clure— of Inhabitants of Holland — 
of Marshall Keith — & the bill entitled an act granting a sum of money 
to John M c Clure, with an order of the house on each referring the same 
to the joint Committee of Claims, which were read & it was thereupon 
Resolved to concur with the house in said reference. 

The petition of Elias Keyes was received, praying for a new Trial, 
with an order of the House referring the same to the joint Committee 
of New Trials, which being read it was thereupon Resolved to concur 
with the house in said reference. 

The petition of A. Williams & an act for the reliet of Noah Taylor 
were received with an order of the House referring the same to the joint 
committee on the petition of Martin & Newman, which being read it 
was Resolved to concur with the house in said reference. 

A bill entitled " an act reviving a land tax on the town of Peacham " 
was received with an order of the house referring the same to the 2* 
joint land tax committee, which being read it was Resolved to concur 
with the house in said reference. 

The petitions of the following persons, c6nvicts confined in the Vermont 
State's prison praying for pardon, viz. M. Rawlin; Wm. Johnson ; John 
P. Hills; Francis Pilca; Rich d Holliday; J. Church Jr.; John Bixby; Al- 
ex 1 Palmer ; E. Moore ; Levi Noble ; H. Rose : John Brown ; John G. 
Woodward ; George Wilson ; J. Whitney ; John Van Wymar ; Moses 
Gowin ; David M c Killip Jr.; H. O. Smith ; Ebenezer Burt & Wiilard 
Chapman — were severally read & dimissed. 

The pet. of Bristol Benet, a convict of State's prison whose term of 
service had expired & confined for costs, was read & dismissed. 

The petition of John Sloan, a convict of State's prison praying for 
pardon, was read & on the question Shall the prayer thereof be granted? 
the yeas & nays were called for & taken as follows — Yeas, Gov. Brigham, 
Messrs. Richards, Smith, Keyes, Hunter, Doolittle, Butler, Cahoon, 
Bliss & Stanley. Nays none. So the prayer thereof was granted. 

Petition of John Lewis, a convict of State's prison praying for pardon, 
was read & on the question Shall the prayer thereof be granted ? the 
yeas & nays were called for & taken as follows, viz. 

[Yeas,] Gov. Brigham, Messrs. Richards, Smith, Keyes, Hunter, Doo- 
little, Butler, Cahoon, Bliss & Stanley. Nays none ; so the prayer 
thereof was granted. 

The petition of Thomas Chambers, a convict of State's Prison praying 
for pardon, was read & on the question Shall the prayer thereof be 
granted ? the yeas & nays were called for & taken as follows, Viz. 



Governor and Council — October 1815. 121 

Teas, Gov. Brigham, Messrs. Richards, Smith, Keyes, Hunter, Doo- 
little, Butler, Cahoon, Bliss & Stanley. Nays none. So the prayer 
thereof was granted. 

The petition of George Moore a convict of State's prison, was called 
up, praying for a pardon, which was read & it was moved that the yeas 
& nays be taken on the question shall the prayer thereof be granted, & 
were taken as follows — Viz. — Yeas, Gov. Brigham, Messrs Richards, 
Smith, Keyes, Hunter, Doolittle, Butler, Cahoon, Bliss & Stanley. Nays 
none, so the prayer thereof was granted. 

The petition of David Sheffield, a convict of State's prison, was called 
up, praying for a pardon, which was read & the yeas & nays were called 
for & taken on the question shall the prayer of said petition be granted, 
as follows, Viz. Teas, Gov. Brigham, Messrs. Richards, Smith, Keyes, 
Hunter, Doolittle, Butler, Cahoon, Bliss, Stanley. Nays none, so the 
prayer thereof was granted. 

Adjourned to 9 O'C. A. M. tomorrow. 



Saturday Oct. 21, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petitions of Asahel Stiles, of Seth P. Sheldon & others, of David 
Cotton & others, of Jedediah Freeman & others, of Solon Dyer & others 
were received with orders of the house on each referring the same to the 
joint Turnpike Com ee > which were read & thereupon it was Resolved to 
concur with the house in said reference. 

The petition of Amos Felton was received with an order of the house 
referring the same to a committee of six of the house to join from Coun- 
cil, which being read it was Resolved to concur with the house in said 
reference, & Mr Stanley was appointed to join. 

The bill entitled an act in addition to an act establishing the Middle- 
bury turnpike company with an order of the house referring the same 
to the joint Turnpike Committee [received,] which being read Resolved 
to concur with the house in said reference. 

Received a resolution of the House directing the committee on the 
bill introduced by Mr. Elliot to inquire into the propriety of passing a 
law explanatory of the 2 nd Section of an act &c. concerning bills of divorce 
&c. which being read it was Resolved to concur in passing said reso- 
lution. 

Received from the House a resolution appointing a committee of four 
members to join such committee as the Gov. & Council may appoint to 
take into consideration the law regulating freemen's meetings — which 
being read it was thereupon Resolved to concur in said reference [reso- 
lution] & Gov. Brigham was app d - 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The petition of Aaron Jackson was received 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. 

Adjourned to 9 O'C. A. M. on Monday next. 



Monday October 23 d - 1815. 9 O'C. A. M. 
The Governor & Council met pursuant to adjournment. 
His Excellency the Governor directed the following Communication 
to be sent to the Gen 1 - Assembly: 



122 Governor and Council — October 1815. 

To The Hon. W. A. Griswold Esqr Speaker of the House of Repre- 
sentatives. Sir, — I hereby communicate to you for the information of 
the house that there is a vacancy in the board of trustees of the Univer- 
sity of the State of Vermont occasioned by the resignation of the Rev d 
Willard Preston. Also a vacancy in the office of Brigadier General 1 st 
Brigade & 1 st Division of the militia of this State, by the resignation of 
Brig r - Gen 1 - Abner Perry. Also in the 2 nd Brigade & 3 d division by the 
resignation of Brig. Gen 1 - John Newell; also in the 3 d Brigade & 3 d Di- 
vision by the resignation of Br. Gen 1 - Jacob Davis; the Gen 1 - Assembly 
will please to take proper measures to fill the vacancies thus occasioned. 

Montpelier Oct. 23 d « 1815. Jonas Galusha. 

Received from the House a resolution appointing a committee consist- 
ing of a member of the house from each County to join to enquire into 
the propriety of removing the permanent seat of the legislature from 
Montpelier to Burlington & Windsor alternately 1 — which being read it 
was Resolved to concur with the house in passing said resolution & 
Messrs. Smith, Richards & Cahoon were appointed. 

The petition of Reuben Evarts was received with an order of the 
house referring the same to a Committee of two members of the house to 
join, which being read it was Resolved to join in said Committee & Mr. 
Chittenden was appointed. 

The bill entitled "an act appointing a committee to lay out a road from 
St. Johnsbury to Barton " with an order of the House thereon referring 
the same to a committee of two members of the House to join, which 
being read it was thereupon Resolved to join said Committee & Mr. 
Keyes was appointed. 

Received from the House an engrossed bill entitled an act directing 
the Treasurer to credit the l 8t Constable of Fayston the amount of the 
State tax for the year 1814, which being read it was Resolved to concur 
with the house in*passing the same into a Law. 

Received the engrossed bill entitled "an act directing the Treasurer 
to pay Job Lyman the sum therein mentioned," which being read it was 
Resolved to concur with the house in passing the same into a law. 

The Petition of Joseph Bivins, a convict of State's Prison praying for 
pardon, was read &on the question Shall the prayer thereof be granted? 
the Yeas & Nays were called for & taken as follows — Yeas, Gov. Brig- 
ham, Messrs. Itichards, Smith, Hunter, Doolittle, Chittenden, Butler, 
Cahoon, Bliss & Stanley — Nays none — so the prayer was granted. 

The petition of Jonathan Gilman, a convict of State's prison praying 
for a pardon, was read & on the question Shall the prayer of said peti- 
tion be granted? the yeas & nays were called for & taken as follows : 

Teas, Gov. Brigham, Messrs. Richards, Smith, Hunter, Doolittle, 
Chittenden, Butler, Cahoon, Bliss & Stanley— Nays none— so the prayer 
thereof was granted. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 
The petition of the President of Waterford & Whitehall Turnpike 
Company with an order of the house referring the same to the joint 

1 "In case of a removal as aforesaid to make provision for the appraisal 
of, and the payment for, the public buildings in Montpelier, agreeably to 
the third section of an act passed the 8th day of November, 1805, entit- 
led ' an act establishing the permanent seat of the Legislature at Mont- 
pelier.'" — See printed Assembly Journal of 1815, p. 50. 



Governor and Council — October 1815. 123 

Turnpike Committee — which being read it was Resolved to concur in 
said reference. 

Received from the house a resolution appointing a committee of four 
members to join from Council to take into consideration the act entitled 
"an act in addition to an act constituting the Supreme & County Courts" 
&c. &c. which was read & it was Resolved to concur with the House in 
passing said resolution & Mr. Wright was appointed to join. 

The petitions of Pliny Shattuck — of the Green Mountain Turnpike 
Corporation — of Nicholas Harrington with an order of the house on 
each were received which were referred to the joint Turnpike Commit- 
tee, which were read & it was Resolved to concur with the house in said 
reference. 

The petition of Richard P. Cooley was received with an order of the 
House referring the same to a committee of three members to join from 
Council, which being read it was Resolved to concur with the House in 
said reference & Mr. Doolittle was appointed to join. 

The bill entitled an act incorporating the Westminster Manufacturing 
Company was received with an order of the house referring the same to 
the joint Manufacturing Committee, which was read & Resolved to con- 
cur with the house in said reference. 

Mr Richards was excused from the consideration of said last men- 
tioned bill & Mr. Hunter appointed for that purpose. 1 

Received the bill entitled an act directing the Treasurer to pay Samuel 
Corliss the sum therein mentioned with an order of the House referring 
the same to the joint committee on the petition of Martin & Newman, 
which being read it was Resolved to concur with the house in said 
reference. 

The bill entitled an act authorizing the Town Clerk of Lutterloh 
[Albauy] to transcribe certain records with an order of the House to 
refer the same to the joint committee on the petition of Fairhaven & 
Westhaven, which being read it then was Resolved to concur with the 
General Assembly in said reference. 

Adjourned to 9 O'C. A. M. tomorrow. 



Tuesday October 24, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

The petition of Jonathan Howland with an order of the house refer- 
ring the same to the joint committee on the petition of Dudley Chase & 
others, which being read it was Resolved to concur with the house in 
said reference. 

The engrossed bill entitled " an act for the relief of Benaiah Wood- 
ward " was received, sent up for revision &c. &c. — which being read it 
was thereupon Resolved to concur with the house in passing the same 
into a Law. 

The petitions of Worthy Beaman, of William Allen, & of J. Bur- 
roughs & Asa Blood, convicts confined for certain crimes in the State's 
prison, praying for pardon, were called up, read & dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

His Excellency the Governor ordered the following communication to 
be sent to the house, — 

To the Hon. William A. Griswold Speaker of the House of Represent- 
atives. Sir, — I commuuicate to you for the information of the General 

1 Mr. Richards resided at Westminster and was interested. 



124 Governor and Council — October 1815. 

Assembly that there is a vacancy in the Office of Brigadier General of 
2 d brigade & 2 d division of Militia of this State, occasioned by the resig- 
nation of Brigadier General Jonathan Orms ; the General Assembly 
will please to take proper measures to fill the vacancy. 

Montpelier Oct. 24, 1815. , Jonas Galusha. 

The engrossed bill entitled "an act directing the Treasurer to pay 
Samuel Mattocks the sum therein mentioned " was received from the 
House for revision, concurrence &c. which being read it was Resolved to 
concur with the House in passing the same into a law. 

The Petition of Stephen McConnell, a convict of the State's Prison 
praying for pardon, was called up, read & Ordered to be dismissed. 

The Governor & Council proceeded to meet the House of Representa- 
tives in joint Committee to elect County Officers & after progress the 
joint Committee adjourned [to] 10 O'clock A. M. tomorrow; & they 
returned to the Council Chamber & adjourned to 9 O'C. A. M. to- 
morrow. 



Wednesday October 25, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

The petition of Silas Hathaway, which has been once committed to 
the Joint Committee of Suspensions & now received in Council with an 
order of the house to recommit the same — whereupon Resolved to con- 
cur with the house in the recommitment of the same. 

The petition of Ira Fox, & a bill accompanying the same, with an 
order of the House to refer the same to the joint Committee on the pe- 
tition of Ambrose Holden, which being read, thereupon it was Resolved 
to concur with the House in said reference. 

Received the bill entitled an act establishing the Marshfield Turnpike 
Company with an order of the house to refer the same to the joint Turn- 
pike Company [committee] to fill the blanks— which being read it was 
thereupon Resolved to concur with the house in said reference. 

The bill entitled an act authorizing Nathaniel Blood to deed land was 
received with an order of the house to refer the same to the joint com- 
mittee on the petition of Dudley Chase & others, which being read it 
was Resolved to concur with the House in said reference. 

The petition of Joseph Bostwick with an order of the house referring 
the same to the joint Committee of Claims, which being read it was Re- 
solved to concur with the House in said reference. 

Received from the House a Resolution appointing a Committee of four 
members of the house to join from Council to take into consideration 
the propriety of amending the act entitled an act ascertaining the prin- 
ciples on which the list of this State shall be made &c. which being read 
it was Resolved to concur with the House in said reference & Mr. Hun- 
ter was appointed to join. 

The Governor & Council met the house in joint committee for the 
purpose of electing County Officers & after progress they returned to 
their Chamber & adjourned to 2 O'C. P. M. 

2 O'C. P. M.— The Governor & Council met pursuant to adjournment. 

The following engrossed bills were received from the house sent up 
for revision, concurrence &c. Viz. "An act directing the Treasurer to pay 
Jeremiah Lee the sum therein mentioned; An act directing the Treas- 
urer to credit Ansel Merritt l 8t Constable of Georgia the sum therein 
mentioned;" — which being read it was Resolved to concur with the 
house in passing the same into laws. 



Governor and Council — October 1815. 125 

The Governor & Council proceeded to the Representatives' room to 
meet the house in joint Committee for the purpose of completing 
County appointments & the joint Committee again adjourned to Satur- 
day next at 10 O'C. A. M. The Governor & Council returned to their 
Chamber & adjourned to 9 O'C. A. M. tomorrow. 



Thursday October 26 th - 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Rec d from the house a resolution appointing a time for both houses to 
meet in joint Committee for the purpose of electing a trustee in the 
board of trust of the University of Vermont & brigadier Generals to fill 
vacancies, which was read & it was Resolved to concur with the house 
in passing the same with the following proposal of amendment, viz. by 
erasing the words tomorrow morning & inserting "onfriday morning next" 
Mr. Doolittle appointed to assign the reasons to the house. 

Received from the house a resolution appointing this day at 10 O'clock 
a time for both houses to meet in joint committee for the purpose of 
electing an auditor of accounts against this State for the year ensuing — 
which being read, Resolved to concur with the House in passing the 
same. l 

Received from the house a communication from the Hon 1 Judge Far- 
rand on the subject of the trial of Samuel E. Godfrey, with an order of 
the house referring the same to the joint committee on the petition of 
said Godfrey, which being read it was Resolved to concur with the House 
in said reference. 

Received from the House the following engrossed bills sent up from 
the house for revision, concurrence or proposals of amendment, Viz. — 
"An act directing the treasurer to pay to David Hazeltine [Haseltine] 
the sum therein mentioned ; An act for the relief of William Hill & 
Nathaniel Lawrence assignees of John Roe & J. F. Roe ; An act for the 
relief of Ovid Burrell ; An act authorizing the administrator to the 
estate of Dudley Chase late of Cornish deceased to sell & convey certain 
lands of said Deceased ; An act directing the Treasurer to pay Jedediah 
Hammond the sum therein mentioned ;" which were severally read & 
it was Resolved to concur with the house in passing the same into laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Council met pursuant to adjournment. 

Received the petition of C. Lynds [Cornelius Lynde] & the bill entit- 
led an act directing the Treasurer to pay John Johnson the sum therein 
mentioned — with an order of the house to refer the same to the joint 
committee on the petition of Martin & Newman, which being read it 
was Resolved to concur with the house in said reference. 

The petition of Joseph Bostwick was received with an order of the 
house to recommit the same to the joint Committee of Claims, which 
being read it was Resolved to concur with the house in said reference. 

The second report of the Visitors of the State's prison with an order 
of the house referring the same to the joint committee on the first report 
of said Visitors, was rece d & read whereupon it was Resolved to concur 
with the house in said reference. 

The Petition of the Inhabitants of Brookline was received with an 
order of the house referring the same to the joint committee on the peti- 
tion of A. Hoisington, which was read & it was thereupon Resolved to 
concur with the house in said reference. 

^Alexander Hutchinson was elected. 



126 Governor and Council — October 1815. 

The petition of Thomas Thomas was received with an order of the 
house referring the same to the joint Committee of Manufactures, which 
being read it was Resolved to concur with the House in said reference. 

Received the bill entitled "an act granting a new Trial to Alexander 
Campbell in a case therein mentioned" with an order of the house refer- 
ring the same to the joint committee of New Trials to report facts— 
which being read it was Resolved to concur with the house in said ref- 
errence. 

Gov. Brigham moved to rescind the vote of Council dismissing the 
petition of Elisha Moore & [it was] decided in the negative. 

Received the engrossed bill entitled "an act freeing the body of An- 
thony Jones from arrest & imprisonment for the term of five 3'ears," 
sent up for concurrence &c. which was read & it was Resolved to concur 
with the house in passing the same into a law with the following pro- 
posal of amendment, Viz. after the words "five years " in the 4 th line 
from the bottom of 1 st Section of the bill insert "for any debt heretofore 
contracted.'''' Mr. Doolittle was appointed to assign the reasons. 

Adjourned to 9 O'C. A. M. tomorrow. 



Friday October 27, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Mr Cotton appeared in Council Chamber from the house & informed 
the Gov. & Council that the House had concurred in the resolution as 
amended by Council appointing a time for both houses to meet to elect 
Brigadier Generals, &c. & he withdrew. 

The petition of Nathan Geere was received from the House with an 
order thereon referring the same to a joint committee of four members 
of the house to join. Concurred & Mr Wright appointed. 

The bill entitled an act freeing the body of Jonas Philips from arrest 
was received from the house with an order thereon referring the same 
to the joint Committee of Suspensions, which being read Resolved to 
concur with the house in said reference. 

The bill entitled an act incorporating a manufacturing company in 
St. Albans was received with an order of the house thereon referring the 
same to the joint Committee of Manufactures, which being read it was 
thereupon Resolved to concur with the house in said reference. 

The bill entitled an act granting a ferry to Ambrose Holden was re- 
ceived with an order of the house referring the same to the joint com- 
mittee on the petition of Ambrose Holden, which being read it was 
Resolved to concur with the house in said reference. 

Received the engrossed bill entitled " an act constituting a company 
of riflemen in Middlebury," sent up for concurrence &c. which was read 
& Resolved to concur with the house in passing the same into a Law. 

Pursuant to the concurrent resolution of both houses the Gov. & 
Council met the house of representatives in joint committee for the 
purpose of electing a Trustee of University of Vermont & Brigadier 
Generals & after progress in the same the joint Committee adjourned 
to 10 O. C. A. M. tomorrow & the Gov. & Council returned to their 
Chamber & adjourned to 2 O'C. P. M. ■ 

1 Aaron Barney, John Peck, John Wires, and Perry G. Ladd were 
elected Brigadier Generals. The election of trustee of the University of 
Vermont was postponed to Oct. 28, when Elder Henry Green was 
elected. 



Governor and Council — October 1815. 127 

2 O'C. P. M. — The Governor & Council met pursuant to adjournment. 

Received from the House a resolution directing the Military Commit- 
tee to enquire into the expediency of authorizing the quartermaster 
General to purchase for the use of this State a piece of ordnance now 
owned by the Artillery Company attached to the l 8t Brigade & 3 d Divi- 
sion of the militia of this State ; which was read & Resolved to concur 
with the house in passing said resolution. 

Received notice from the house that they had appointed a committee 
of 4 members to join from Council to be denominated the judiciary Com- 
mittee — which being considered, Resolved to join said Committee & Mr. 
Wright was appointed to join from Council. 

Adjourned to 9 O'C. A. M. tomorrow. 



Saturday October 28, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr. Stanley was appointed on the committee on the petition of Jona- 
than Powers. 

On motion of Mr. Doolittle, the vote of Council appointing a commit- 
tee of Ways & Means to join be [was] rescinded. 1 

Received the engrossed bill entitled "an act directing the Treasurer 
to pay John M c Clure the sum therein mentioned, , ' [which] was read & it 
was Resolved to concur with the House in passing the same into a Law. 

Mr. Keyes excused for the remainder of the Session. 

Received the bill entitled an act making a loan to Middlebury College, 
with an order of the house referring the same to a committee of Six 
members to join from Council — which being read Resolved to concur 
with the house in said reference & Gov. Brigham & Messrs. Richards 
& Bliss appointed. 

Petition of President & Fellows of Middlebury College was received 
with an order of the House referring the same to the joint Committee 
on the bill last above mentioned — which being read it was Resolved to 
concur with the house in said reference. 

The petition of John Willard was received with an order of the House 
to refer the same to a Committee of two members to join from Council 
— which being read it was thereupon Resolved to concur with the house 
in said reference & Mr. Cahoon was appointed. 

The petition of Major Camp was received with an order of the house 
referring the same to the joint committee of New Trials — which being 
read it was Resolved to concur with the house in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The engrossed bill entitled " an act freeing the body of Josiah Marsh 
from arrest & imprisonment " was received lor concurrence, revision &c. 
& on the question Shall the bill pass & become a law ? the yeas & nays 
were called for & taken as follows: Yeas, Gov. Brigham, Messrs. Smith, 
Hunter, Doolittle, & Cahoon — Nays, Messrs. Wright, Richards, Tarbox, 
Butler, & Bliss; the Council being equally divided Governor Galusha 
gave the casting vote in the affirmative, so the bill passed to become a 
law. 

Mr. Cahoon was appointed on the Military Committee. 

The petition of John Merriam was received with an order of the house 
referring the same to the joint committee on the petition of John Wil- 

* No such vote has appeared on the journal. 



128 Governor and Council — October 1815. 

lard— which being read it was Resolved to concur with the house in said 
reference. 

Received from the house a resolution directing the 1 st land tax Com- 
mittee to take into consideration the expediency of reviving an act 
granting a land tax on the town of Greensboro', passed 1814, which was 
read & Resolved to concur with the house in passing said resolution. 

Mr. Doolittle appointed to join on the petition of Peter Merritt. 

Mr. Bliss appointed on the committee on the bill entitled an act ap- 
pointing a committee to lay out a road from St. Johnsbury to Barton. 

The petition of Joel Linsley & others was received with an order of 
the House referring the same'to the joint committee on the petition of 
Dudley Chase & others, which was read & it was Resolved to concur 
with the House in passing [referring] the same. 

Received the bill entitled an act to repeal an act therein mentioned, 
with an order of the house thereon referring the same to the joint Mil- 
itary Committee, which being read it was Resolved to concur with the 
house in said reference. 

The report of Amos W. Barnum late quarter master General was re- 
ceived with an order of the House referring the same to the joint Mili- 
tary Committee; which being read it was Resolved to concur with the 
house in said reference. 

Adjourned to 9 O'C. A. M. Monday next. 



Monday October 30, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Received the bill entitled an act incorporating the Benson Turnpike 
Company with an order of the house thereon referring it to the joint 
turnpike Committee, which being read it was Resolved to concur with 
the house in said reference. 

Received from the House the resolution instructing the Judiciary 
Committee to enquire into the expediency of encreasing the salary of the 
Judges of the Supreme Court, which being read, Resolved to concur 
with the House in passing said resolution. 

Received from the house a resolution appointing thursday next at 2 
O'C. P. M. a time for both houses to meet in joint committee to elect a 
Surveyor General & some person to preach the next election sermon, 
which being read it was thereupon Resolved to concur with the House 
in passing the same. 

Received the engrossed bill entitled " an act establishing the toll of 
one horse wagons at turnpike gates," which was read & it was Resolved 
to concur with the house in passing the same with the following pro- 
posal amendment, Viz. by erasing the words " where the toll hath al- 
ready been established." Mr Richards appointed to assign the reasons 
to the house. 

Received from the House the following engrossed bills sent up for 
concurrence &c. Viz. u An act altering the name of Lutterloh to that 
of Albany; An act directing the Treasurer to credit the l 8t - Constable of 
Williamstown the sum therein mentioned ; An act directing the Treas- 
nrer to credit the 1 st Constable of Belvidere the sum therein mentioned; 
An act directing the Treasurer to credit the l 8t - Constable of Royalton 
the sum therein mentioned ;" & "An act directing the Treasurer to pay 
Joseph H. Munson the Sheriff of Franklin [County] the sum therein 
mentioned," which being severally read it was Resolved to concur with 
the House in passing the same into Laws. 

Adjourned to 2 O'C. P. M. 



Governor and Council — October 1815. 129 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Received from the house a resolution instructing the joint Turnpike 
Committee to enquire into the expediency of giving further time to the 
Vergennes Turnpike Company to complete their road — which being 
read it was Resolved to concur with the House in passing the same. 

A resolution was received appointing a committee of two members of 
the house to join from Council to devise means of empowering the Gov- 
ernor & Council to elect anually a Surveyor of public buildings, & which 
being read it was Resolved to concur with the house in passing said 
resolution. 

His Excellency the Governor directed the following communication 
to be sent to the Speaker of the House of Representatives : 

To the Hon. William A. Griswold Speaker of the House of Represent- 
atives. Sir, — I would inform the General Assembly that William C. 
Bradley Esqr has resigned his seat in the Board of Trustees in the Uni- 
versity of Vermont. 

Also that Joel Pratt Esqr. who had been appointed a Judge of Probate 
for the District of Manchester, has resigned that office ; the General 
Assembly will please to take proper measures to fill the vacancies thus 
occasioned. 

I have received information that there is now in the City of Albany 
several boxes containing the laws of the United States for two or three 
years past ; the General Assembly are requested to provide for the 
transportation of the same into the State for distribution. I have not 
been informed of the number of the copies. I transmit the letter of Mr. 
Campbell containing all the information I have received respecting 
the above mentioned laws. Yours &c. Jonas Galusha. 

Montpelier Oct. 30, 1815. 

Received the following engrossed bills sent up for revision, concurrence 
&c. Viz. " An act authorizing Samuel Griffin to deed certain lands ; 
An act directing the Treasurer to pay Marshall Keith the sum therein 
mentioned ;" which being read it was Resolved to concur with the house 
in passing the same into Laws. 

Adjourned to 9 O'C. A. M. tomorrow. 



Tuesday October 31, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The following resolutions were sent up from the house for concur- 
rence — One instructing the judiciary Committee to enquire into the 
expediency of amending the law so that all the judges of the Supreme 
court shall attend the fact term thereof — One directing the Judiciary 
committee to enquire into the expediency of requiring all Justices of the 
peace to cause a certificate of their being sworn to be returned & re- 
corded in the [County] Clerk's office &c. — One instructing the Judici- 
ary Committee to enquire into the propriety of altering the laws relating 
to [gaols and] gaolers & for the relief of persons imprisoned therein ; 
which were severally read & it was Resolved to concur with the house 
in passing the same. 

The petition of Amos W. Barnum was received with order of the 
house referring the same to a Committee of 4 members of the House to 
join. from Council — which being read it was Resolved to concur with 
the House in said reference & Mr Wright was appointed to join. 

Received the bill entitled an act relating to Windham County [Turn- 
pike] with an order of the house to refer the same to the joint turnpike 
Committee, which being read Resolved to concur with the house in said 
reference. 

9 



130 Governor and Council — November 1815. 

Received the bill entitled an act directing the treasurer to pay Joseph 
Howes the sum therein mentioned with an order of the house to refer 
the same to the joint Committee on the petition of Harvey Gilraan, 
which being read* it was Resolved to concur with the house in said 
reference. 

The report of James D. Butler & W. Page respecting the demands in 
favor of the [State] Bank against John Merriam was received with an 
order of the house referring the same to the joint Committee on the 
petition of John Willard, which being read it was thereupon Resolved 
to concur with the house in said reference. 

The Bill entitled an act freeing the body & property of Samuel Payne 
from arrest" & attachment was received with an order of the house re- 
ferring the same to the joint Committee of Suspensions, which being 
read it was thereupon Resolved to concur with the house in said 
reference. 

Received the remonstrance of the town of "Windsor with an order of 
the house referring the same to the joint committee on the petition of 
Abishai Hoisington, which being read it was Resolved to concur with 
the house in said reference. 

The engrossed bill entitled "an act granting a new trial to Alexander 
Campbell " was received, sent up for revision & Concurrence &c. which 
being read it was Resolved to Concur with the house in passing the 
same into a Law. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

The Gov. & Council were informed that the House had concurred in 
the proposal of amendment to the engrossed bill entitled "an act estab- 
lishing toll of one horse wagons at Turnpike gates." 

Received the engrossed bill entitled "an act laying a tax of two cents 
five mills per acre on St. Albans," sent up for revision & Concurrence 
&c. which being read Resolved to concur with the house in passing 
the same into a Law. 

Adjourned to 9 O'C. A. M. tomorrow. 



WEDNESDAY,November 1* 1815. 9 O'C A. M. 

Governor & Council met pursuant to adjournment. 

Received from the house the following resolutions Viz. One directing 
the joint Committee on the petition of Martin & Newman to enquire 
into the expediency of directing the treasurer to pay Peter Gale Junr. 
extra wages &c. — the other to the same effect in "behalf of Jedediah 
Johnson, which being read it was Resolved to concur with the house in 
passing said resolutions. 

Received a Resolution directing the joint Committee of Claims further 
to examine the account of Joseph II. Munson — which being read it was 
Resolved to concur with the house in said resolution. 

Received the account of Frye Bailey & of the Surveyor of the public 
Buildings with an order of the House referring the same to the joint 
Committee of Claims, which being read it was Resolved to concur with 
the house in said relerencc. 

Received the engrossed bill entitled an act granting relief to Patty 
Hugh, sent up for concurrence &c. which being read it was Resolved to 
concur with the house in passing the same into a Law, with the follow- 
ing proposal of amend'ent, by erasing the words ''five hundred" & 
inserting "one thousand" & Mr. Butler appointed to assign the reasons 
to the House. 

Adjourned to 2 O'C. P. M. 



Governor and Council — November 1815. 131 

2 O'C. P. M.— The Governor & Council met pursuant to adjournment. 

Received the bill entitled " an act to repeal an act laying out a road 
from Middlebury to Montpelier," with an order of the House to refer the 
same to the joint committee on the petition of the Inhabitants of Salis- 
bury — which being read it was Resolved to concur with the house in 
said reference. 

The Petition of Robert Lovell was received with an order of the 
house referring the same to the joint Committee on the bill for the re- 
lief of Jerusha Lyman, which was read & Resolved to concur with the 
house in said reference. 

The petition of Nicholas Duclos was received with an order of the 
house on the same referring the same to the joint Committee on the 
petition of Benaiah Woodward, which being read it was Resolved to 
concur with the house in said reference. 

Received the engrossed bill entitled " an act in addition to an act es- 
tablishing a corporation by the name of the Burlington Turnpike Cor- 
poration," which being read it was Resolved to concur with the house in 
passing the same into a law. 

Adjourned to 2 [9] O'C. A. M. tomorrow. 



Thursday November 2 d » 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

On motion of Mr. Chittenden Resolved, the General Assembly con- 
curring herein, that both houses meet in the representatives' room at 2 
O'C. P. M. of this [day] for the purpose of electing a member of the 
board of trust of the University of Vermont in the room of William C. 
Bradley Esqr who had resigned his seat. 

Mr. McFarland of the house appeared in Council Chamber & informed 
the Governor & Council that the Gen 1 Assembly had concurred in the 
above resolution. 

Received from the house a resolution appointing a Committee of two 
members of the house to join from Council to enquire into the expedi- 
ency of altering the time of holding Franklin County Court, which was 
read [and it was] Resolved to concur with the house in said reference ; 
& Mr. Bliss was appointed to join. 

Received the bill entitled an act in addition to an act establishing a 
Turnpike corporation by the name of the Missisquoi Turnpike Com- 
pany, with an order of the house referring the same to the joint Turn- 
pike Committee to fill the blanks — which being read Resolved to concur 
in said reference. 

Mr Clark of the House appeared in Council Chamber & informed the 
Governor & Council that the House had concurred in the proposal of 
amendment to the bill for the relief of Patty Hugh. 

Received the following engrossed bills sent up from the House for 
concurrence &c. Viz. " An act directing the Treasurer to pay Thomas 
Hooker the sum therein mentioned ; An act directing the Treasurer to 
pay Estus Barker the sum therein mentioned ; An act [in addition to 
an act] for the relief of the widow & children of Major Jesse Lyman 
deceased ;" which were severally read & Resolved to concur with the 
house in passing the same into Laws. 

On motion of Gov. Brigham the vote of Council to dismiss the petition 
of Benjamin Hinman, a convict of State's prison, was rescinded & on the 
question Shall the prayer of said petition be granted, the Yeas & Nays 
were called for & taken as follows, Viz. Teas, Gov. Brigham, Messrs. 
Wright, Richards, Smith, Tarbox, Chittenden, Butler, Cahoon, Bliss, 



132 Governor and Council — November 1815. 

Stanley. — Nays, Messrs Hunter & Doolittle — so the prayer of said pe- 
tition Was granted. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Governor & Council met pursuant to adjournment. 

Received a resolution appointing a time for both houses to meet in 
Representatives' room to hear the evidence & arguments of Council on 
petition of Samuel E. Godfrey ; which being read it was Resolved to 
concur with the house in passing said resolution. 

Pursuant to concurrent resolution of both houses the Governor & 
Council met the General Assembly in the representatives' room for the 
purpose of electing a member of the board of trustees of University of 
Vermont, a Surveyor General, & a person to prear-.h the next election 
Sermon — which in part was completed and the joint Committee ad- 
journed to Monday next 2 O'C. P. M. [and the Governor and Council 
returned to their chamber.] 1 

Received from the General Assembly the following engrossed bills 
sent up for revision & Concurrence &c. Viz. " An act laying a tax of 
two cents per acre on the town of Montgomery ; An act laying a tax on 
the County of Windham & for repealing an act therein mentioned ; An 
act laying a tax of three cents per acre on the town of Brownington; An 
act laying a tax of two cents per acre on the town of Albany late called 
Lutterloh;" which were read & Resolved to concur with the House in 
passing the same into Laws. 

Adjourned to 9 O'C. A. M. tomorrow. 



Friday November 3 d , 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Received information that the General Assembly had concurred with 
the Gov. & Council in certain proposals of Amendment to the bills en- 
titled " an act for the relief of Patty Hugh," & to "an act freeing the 
body of Anthony Jones from arrest " &c. 

Received the bill entitled an act for a Turnpike in Winhall with an 
order of the house referring the same to the joint Military [Turnpike] 
Committee— concurred. 

The petition of Ida Barron was received with an order of the House 
referring the same to the Joint committee on the petition of Jerusha 
Lyman, which being read it was Resolved to concur with the house in 
said reference. 

Received the bill entitled an act directing the Treasurer to pay Arad 
Merrill the sum therein mentioned with an order of the house to refer 
the same to the joint Committee of Claims — which being read it was 
Resolved to concur with the house in said reference. 

Received the bill entitled an act to provide the Washington Artillery 
Company with a piece of ordnance, with an order of the house to refer 
the same to the joint Military Committee — which being read it was 
thereupon Resolved to concur with the house in said reference. 

Received the petition of Rebecca Dennett referred [to a] committee 
of 4 members ot the House to join, which was read & it was resolved to 
join said committee & Mr. Richards was appointed. 

Received the engrossed bill entitled "an act for the regulation of 
Manufacturing & Turnpike Corporations," sent up for revision & Con- 
currence &c. which being read it was resolved to Concur with the house 
in passing the same with certain proposals of amendment. 

*Rev. John Fitch was elected trustee of the University of Vermont, 
and John Johnson Surveyor General* 



Governor and Council — November 1815. 133 

Received the engrossed bill entitled an act in addition to an act estab- 
lishing a corporation by the name of the Windham Turnpike Company, 
which was read & Resolved to concur with the House in passing the 
same into a Law, with a proposal of amendment by inserting next after 
the word " Wilmington" [the word] "Readsboro" 

Received from the House the following engrossed bills, *ent up for 
revision & Concurrence &c. Viz.— "An act incorporating certain persons 
therein named ; an act in addition to an act renewing & continuing in 
force an act therein mentioned; An act for the relief of Simeon Hath- 
away; An act authorizing the Town clerk of Albany late called Lutter- 
loh to transcribe certain records ; An act for the relief of Josiah Law- 
rence ; An act for the relief of Holden Farnsworth; An act discharging 
the town of Morgan from a certain sum therein mentioned ; An act 
laying a tax of three cents per acre on the town of Sheffield ; An act 
directing the Treasurer to credit Anthony Barker the sum therein men- 
tioned, 1 st Constable of Goshen ; An act making valid the proprietors' 
records in the towns of Fairhaven & West haven," which were severally 
read & it was thereupon Resolved to concur with the house in passing 
the same into Laws. 

Received the engrossed bill entitled " an act laying a tax of two cents 
per acre on the town of Jay," which being read it was Resolved to concur 
with the house in passing the same into a Law with the following pro- 
posal of amendment, Viz. [by adding] "Provided nevertheless, that one 
third part of said tax shall be expended on the road leading through 
that part of said town which was originally granted to Thomas Chitten- 
den late Governor of Vermont." Mr. Chittenden appointed to assign 
the reasons to the House. 

Adj d to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Received the engrossed bill entitled " an act providing for the altera- 
tion of the Stage road through the town of Salisbury in the County of 
Addison," sent up for revision & Concurrence &c. — which being read it 
was Resolved to concur with the house in passing the same into a Law 
with the following proposal of amendment, Viz. [add the words] " And 
the charges & expences of said Committee in attending to the business 
of said appointment to be paid by those who may make application to 
said Committee." 

Received a resolution directing the l 8t land tax committee to enquire 
into the propriety of reviving a tax on the town of Coventry passed Oc- 
tober Session 1814 — which being read it was Resolved to concur with 
the house in said Resolution. 

Received the engrossed bill entitled " au act ratifying the acceptance 
of the Winooskie Turnpike road & for other purposes," sent up for con- 
currence &c, which being read it was Resolved to concur with the 
house in passing the same into a law with the following proposal of 
amendment— Viz. erase the words " twelve & one half Cents " in the Sec- 
ond Section & insert u ten cents." Mr. Tarbox appointed to assign the 
reasons to the House. 

Adjourned to 9 O'clock A. M. tomorrow. 



Saturday November 4, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Received the bill entitled "an act [authorizing] Elijah Hammond ad- 
ministrator of Oramel Hinkley to deed certain lands," with an order of 
the House to refer the same to the joint Committee on the petition of 



134 Governor and Council — November 1815. 

Dudley Chase — which being read it was Resolved to concur with the 
House in said reference. 

Received from the House a resolution appointing Monday next at 2 
O'C. P. M. a time for both houses to meet in joint Committee to elect 
Directors of Vemiont State Bank. Concurred. 

Received information that the General Assembly have concurred in 
the proposal of amendment made by the Governor & Council to the bill 
entitled " an act regulating Manufacturing & Turnpike Companies." 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Received from the General Assembly a resolution, which was sent up 
for concurrence of Council, requesting the Governor to take measures 
to procure a pardon of the Governor of Canada for Samuel Hugh, who 
had been convicted of manslaughter by the Court of King's bench in 
that Province — which was read & Resolved to concur withlhe house in 
said resolution. 

Adjourned to 9 O'C. A. M. tomorrow [Monday next.] 



Monday November 6, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Information was received from the House that the General Assembly 
had concurred in the proposals of amendment to the bills entitled "an 
act in addition to an act establishing a corporation by the name of the 
Windham Turnpike Company;" & "an act providing for the alteration 
of the Stage road through the town of Salisbury in the County of Ad- 
dison;" And "an act laying a tax of two cents per acre on the town of 
Jay." 

Received the engrossed bill entitled "an act for the relief of Carver 
Bates;" which being read it was Resolved to concur with the House in 
passing the same into a Law with the following proposal of amendment, 
viz. In Sec. 1, line 8 th » after the words "this act" insert "/or any 
debt heretofore contracted." 

The petition of Micajah Ingham was received with an order of the 
house referring the same to a committee of 4 members of the house to 
join from Council, which being read it was Resolved to concur with the 
house in said reference & Mr Smith was appointed to join. 

The following engrossed bills were received, sent up for revision & 
Concurrence &c. — Viz. — "An act laying a tax of three cents per acre 
on the town of Troy; An act authorizing Nathaniel Blood to deed lands; 
An act reviving an act laying a tax of three cents per acre on the town of 
Peacham; An act altering the name of William Alpha Wells to William 
Wellington Wells; An act authorizing the Treasurer of this State to pay 
Benjamin Ropes the sum therein mentioned; An act directing the 
Treasurer to pay Joseph H. Munson the Sum therein mentioned; An 
act authorizing the town Clerk of Strafford in the County of Orange to 
transcribe a part of the records &c; An act laying a tax of two cents 
per acre on the town of Kingston [Granville;] An act directing the 
Treasurer to pay to certain persons therein named the sum therein 
mentioned;" which said acts were severally read & it was Resolved to 
concur with the House in passing the same into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 
Received the engrossed bill entitled " an act granting a reprieve to 
Samuel E. Godfrey," & on the question of amendment to erase the word 



Governor and Council — November 1815. 135 

"November" & insert "February," the yeas & nays were called for & 
taken as follows— Yeas, Gov. Brigham, Messrs. Richards, Hunter, Doo- 
little, Tarbox, Chittenden, Butler, Bliss & Stanley. — Nays, Messrs. 
Wright, Smith & Gaboon — so the bill was amended & then passed with 
the amendment to become a law. Mr Butler appointed to assign the 
reasons to the House. 
Adjourned to 9 O'C. A. M. tomorrow. 



Tuesday November 7, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Mr Keyes returned & took his seat. 

The Gov. & Council were notifyed that the General Assembly had con- 
curred in their proposed amendment to the engrossed bill entitled an 
act granting a reprieve to Samuel E. Godfrey. 

Received the eugrossed bill entitled "an act in addition to the several 
acts establishing a corporation by the name of the Stratton Turnpike 
Company;" which being read Resolved to concur with the house in pass- 
ing the same into a Law with the following proposal of amendment, viz. 
in the 8 & 9th lines ot Sec. 5 th erase the words kt west of the east Church 
in mid Arlington " & insert in lieu thereof " on or west of the County 
road leading from Bennington to Manchester." Mr. Wright [appointed] 
to assign the reasons to the House. 

Received the proposals of amendment to the Constitution of the Uni- 
ted States made by several States [Massachusetts.] with a resolution 
of the General assembly thereon refusing to concur in said proposed 
amendments — which was read & it was Resolved to concur with the 
house iu their resolutions. 

Received from the House the following engrossed bills sent up ibr re- 
vision & Concurrence &c. viz. "An act appropriating the Grammar 
School lands in the County of Franklin ; An act in addition to an act 
entitled an act for the relief of the widow & children of Major Jesse 
Lyman; 1 An act incorporating certain persons therein named by the 
name of the Vergennes Iron Manufacturing Company; An act direct- 
ing the Treasurer to pay the several sums therein mentioned; An act 
for the relief of Eleazer Flagg & Rums Parker administrators of the 
estate of Jonathan Parker; An act reviving and in alteration of an act 
laying a tax of three cents pr acre on the town of Greensboro'; An act 
appointing a committee to lay out a road from St. Albans to Barton ; 
An act directing the Treasurer to pay George Worthington the sum 
therein mentioned." Concurred. 

The Governor & Council elected by ballot George Worthington Esqr 
of Montpelier Surveyor of Public buildings for the Year ensuing. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 
Received the engrossed bill entitled " an act for the relief of John 
Merriam," which was amended & passed. 

1 Maj. Jesse Lyman, of Vergennes, was a distinguished and useful 
oflicer of the Vermont volunteers at the battle of Pittsburgh, who died 
of disease contracted in the service, leaving destitute his widow and a 
large family of young children: wherefore the State granted an annuity, 
for their relief, of two hundred dollars annually for five years.— -See 
printed Laws of 1815, pp. 24, 59. 



136 Governor and Council — November 1815. 

Received the petition of Harvey Gilman with an order of recommit- 
ment to the committee first appointed — whereupon Resolved to concur 
with the house in said order of recommitment. 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday November 8, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Received the engrossed bill entitled "an act establishing a corporation 
by the name of the West river Turnpike Company" sent up for revision 
& Concurrence &c. which being read it was Resolved to concur with the 
house in passing the same into a Law with the following proposal of 
amendment — Viz.— in 7 th Sec. 3 d line erase the word "two" & insert 
"three" & in 4 th line of 7 th [Sec] erase the word "four" and insert "sice/" 
& Mr. Keyes appointed to assign the reason. 

The Gov. & Council were notifyed that the General Assembly had con- 
curred in their proposals of amendment to the bills— "an act for the relief 
of Carver Bates"— & an "act ratifying the acceptance of the Winooskie 
Turnpike." 

Received notice from the House that they have rescinded their vote 
of recommitment on the petition of Harvey Gilman — whereupon the 
Governor & Council Rescinded their vote of concurrence in the same. 

Received from the house a resolution declaring it expedient to provide 

for raising dollars by Lottery for the benefit of Middlebury College — 

with an order of the House referring the same to the joint committee on 
the bill granting a loan to Middlebury College, which being read it was 
Resolved to concur with the house in said Reference. 

Received a resolution instructing the Judiciary committee to take 
into consideration the expediency of passing a Law authorizing commis- 
sioners appointed by Judges of Probate on insolvent estates [to admin- 
ister oaths] &c. which being read Resolved to concur with the house in 
passing said resolution. 

The following engrossed bills were received sent up for revision & 
Concurrence &c. — "An act incorporating the Benson Turnpike Com- 
pany ; An act granting a ferry to Ambrose Holden ; An act directing 
the Treasurer to pay Robert Lovell the sum therein mentioned; 1 An act 
freeing the body & property of Samuel Payne from arrest & attachment; 
An act directing the Treasurer to pay Joseph Munson the sum therein 
mentioned; An act granting to Ira Fox the exclusive right of keeping a 
ferry from Milton to South Hero ; An act to unite the towns of Windsor 
& West Windsor into one town ; An act in addition to an act incorpo- 
rating certain persons therein named ; " which were severally read & 
Resolved to concur with the House in passing the same into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — the Governor & Council met pursuant to adjournment. 

Rec d - the engrossed bill entitled "an act incorporating the St. Albans 
Manufacturing Company" sent up for revision & concurrence &c. which 
being read it was Resolved to concur with the House in passing the 
same into a Law with the following proposal of amendment Viz. — add 
"Section 8. And it is hereby further enacted that the private property of 
the Stockholders both real and personal shall be holden for the payment 
of the debts of said corporation." Mr. Butler app d - to assign the reasons. 

a One hundred dollars on account of being dangerously wounded at 
the battle of Plattsburgh. 



Governor and Council — November 1815. 137 

Rec d - the bill entitled " an act directing the Treasurer to pay the sum 
therein mentioned," with an order of the house to refer the same to the 
joint Committee of Claims — which being read it was Resolved to concur 
with the house in said reference. 

Mr Wright on motion & leave introduced a bill entitled " an act in 
addition to an act directing the mode of election of Governor, Lt. Gov- 
ernor &c." which was referred to Messrs. Wright & Butler. 

Received from the House the following engrossed bills sent up for 
revision & Concurrence &c. Viz. "An act suspending civil process 
against the person & property of Amos W. Dix ; An act for the relief of 
Jonas Philips ; An act exempting the body of Daniel Stanniford from 
arrest & imprisonment ; An act discharging Nathan S. Russell from 
imprisonment &c; An act laying a tax of three cents per acre on the 
town of Moretown ; An act laying a tax for the support of Government 
An act laying a tax of two cents per acre on the township of Warren ; " 
& "An act for the relief of James Johnson "' — which were severally read 
& it was Resolved to concur with the house in passing the same into 
Laws. 

Adjourned to 9 O'C. A. M. tomorrow. 



Thursday Nov. 9, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The bill directing the mode of election was called up & on motion 
referred to a Committee of Council to join such Committee as the Gen 1 - 
Assembly may appoint — Members of Council appointed Messrs. Wright 
& Keyes. 

Received a resolution of the house appointing this day at the opening 
of the house a time for both houses to meet in joint committee to elect 
Visitors of the State's Prison. — Concurred. 

"An act directing the Treasurer to pay Betsy Flanders the sum therein 
mentioned " was received with an order of the house to refer the same 
to the Joint committee on the petition of Jerusha Lyman, which was 
read & concurred to refer. 

Mr Wright excused the remainder of the Session. 

Mr Doolittle appointed on the Judiciary Committee in the place of 
Mr Wright excused. 

Received the following engrossed bills, sent up from the house for 
revision & Concurrence &c. Viz. "An act authorizing the Treasurer to 
pay the sum therein mentioned ; An act empowering the Judge of Pro- 
bate for the District of Hartford to license Surviah Anderson to deed 
lands &c. ; An act establishing a corporation by the name of Burke 
Turnpike Company ; An act establishing a corporation by the name of 
Marshfield Turnpike Company; An act in addition to the act appointing 
a collector for the town of Pittsford ; An act laying a tax of four cents 
pr. acre on Maidstone ; An act making appropriations for the support of 
Government for the year ensuing ; " which being read it was Resolved 
to concur with the house in passing the same into Laws. 

The vote of concurrence on the last mentioned Law rescinded. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Received the engrossed bill entitled "granting the exclusive right of 
navigating by Steam boats the waters of Lake Champlain," which was 
[read] & Resolved to concur with proposals of amendment. 

Received the engrossed bill entitled "an act laying a tax on the County 
of Caledonia," sent up for concurrence, whereupon Resolved to concur 
with the house in passing the same into a Law. 



138 Governor and Council — November 1815. 

Received the engrossed bill entitled "an act incorporating certain 
persons by the name of the White River Bridge Company," which was 
read & it was Resolved to concur with the house in passing the same with 
the following proposals of amendment, Viz. — in 11 line of 3 Sec. erase 
"for each passenger three cents;'''' at the end thereof Add, "Provided that 
all people going to or from Public worship on the ISabbath or Lord's Day 
& all persons going to or from Military duty shall be exempt from paying 
toll at said Gate." — Also in 5 th line of 9 Sec. erase the words "three 
years" <& insert " one year." Mr Butler appointed to assign the reasons 
to the House. 

Adjourned to 9 O'C. A. M. tomorrow. 



Friday Nov. 10, 1815. 9 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Received the engrossed bill entitled "an act authorizing the Selectmen 
of Clarendon to discontinue a certain road therein mentioned," which 
being read it was Resolved to concur with the house in passing the same 
with certain proposals of amendment. Mr Wright appointed to assign 
the reasons to the House. 

Received the following engrossed bills, sent up from the House for re- 
vision & Concurrence &c. Viz. — u An act to repeal an act therein men- 
tioned; An act appointing a committee to lay out a road from Lyndon 
corner &c; An act for the benefit of the overseers of Hubbarton ; An 
act annexing a part of Avery's gore to Athens; An act directing the 
Treasurer of this State to pay Frye Bailey the sum therein mentioned; 1 
An act directing the Treasurer to pay Richard Jenness & Samuel Twam- 
bly the sum therein mentioned; An act altering the name of Harvey 
Carpenter to Harvey Warren Carpenter; An act in addition to an act 
establishing a corporation by the name of the Missisquoi Turnpike Com- 
pany; An act laying a tax of two cents pr. acre on the towu of Crafts- 
bury;" which were severally read & it was Resolved to concur with the 
house in passing the same into Laws. 

Mr. Wright returned & took his seat in Council. 

Mr. Smith had leave of absence after tomorrow. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Governor & Council met pursuant to adjournment. 

Mr. Doolittle had leave of absence after tomorrow. 

Received the bill entitled u an act authorizing the administratrix on 
the estate of Ezekiel Wood to deed lands," with an order of the house 
to refer the same to the joint committee on the petition of Dudley Chase 
& others.— Concurred & Council adj d to 9 O'C. A. M. tomorrow. 



Saturday Nov. 11, 1815. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Received the engrossed bill entitled " an act establishing a corporation 
by the name of the Danville Turnpike Company," which was read & 
Resolved to concur with the house in passing the same with the follow- 
ing proposal of amendment, Viz.— in Sec. 2 d line 10 th erase " sire cents " 
& insert " 4 cents." Mr. Cahoon appointed to assign the reasons. 

Received the engrossed bill entitled " an act laying a tax of three cents 
pr. acre on the town of Navy;" which was read & it was Resolved to 

V Thirty dollars extra for the support of Joe Shusuph, the Indian com- 
monly known as " Joe" the husband of rt Molly." — See Vol. IV, p. 311; 
and Vol. v, p. 262. 



Governor and Council — November 1815. 139 

coDcur with the house in passing the same into a law with the following 
proposal of amendment, Viz. erase the name of "Ira Richards" & in- 
sert "Samuel Hutchinson." Mr. Cahoon app d to assign the reasons of 
said amendment to the house. 

The Governor & Council were informed that the General Assembly 
had concurred in the proposals of amendment made by the Gov. & C. to 
the following bills, Viz. "An act in addition to an act for the relief of 
John Merriam; An act incorporating the St. Albans Manufacturing 
Company; An act in addition to an act constituting a corporation by the 
name of the Stratton Turnpike Company; An [act] incorporating cer- 
tain persons therein named by the name of the White River Bridge 
Company;" & "An act authorizing the selectmen of Clarendon to discon- 
tinue a certain road therein mentioned." 

Received the bill entitled " an act in addition to an act incorporating 
certain persons therein named by the name of the Montpelier Manufac- 
turing Company," with an order of the house referring the same to the 
joint Manufacturing Committee. Concurred. 

Received from the General Assembly the following engrossed bills 
sent up for revision & Concurrence &c. Viz. " An act laying a tax of 4 
cents per acre on the township of Derby; An act incorporating the 
Westminster Manufacturing Company; An act authorizing the laying 
out & surveying a market road from Moses Bartholomew's dwelling 
house &c. [in Vershire, to Fairlee or Thetford;] An act for the relief of 
Nicholas Duclos; An act authorizing [Jonathan] Rowland to deed land: 
An act directing the Treasurer to pay Samuel Prentiss Jr. the sum therein 
mentioned; An act altering the terms of holding Franklin County Court; 
An act authorizing E. Hammond adm r - on the estate of Oramel Hinkley 
late deceased &c; An act authorizing the Guardian of the minor heirs 
of Nathan Stowell deceased to sell lands; An act giving validity to the 
transcribed records of the proprietors of the town of Vershire in Or- 
ange County; An act for the relief of the Inhabitants of Holland; An 
act directing the Treasurer to pay William Russell the sum therein men- 
tioned; An act altering the time of holding Chittenden County Court ; 
An act in addition to an act for laying out a road from Middlebury to 
Montpelier; An act to revive & continue in force an act, as it respects 
the Town of Ira, assessing a tax of one cent on each acre of land in this 
State; An act reviving an act laying a tax of three cents per acre on 
Coventry &c; An act laying a tax of three cents per acre on Westmore; 
An act laying a tax on Waitsfield; An act repealing two several acts 
relating to advertisements; An act laying a tax of three cents per acre 
on Peru; An act establishing a corporation by the name of the Winhall 
Turnpike Company; An act in addition to the act incorporating certain 
Turnpike Companies in the western Counties of this State; An act to 
alter the name of Mary [Miranda] Eldrige to Mary M. Chase," which 
were severally read & Resolved to concur with the House in passing the 
same into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Governor and Council met pursuant to adjourn- 
ment. 

Messrs Wright & Richards reported a bill entitled " an act directing 
the mode of election ;" which was read & passed & ordered to be sent to 
the General Assembly for concurrence. 

Received a resolution of the House directing the Secretary of State to 
procure the laws of the United States now at Albany, & distribute the 
same; concurred. 

Received the engrossed bill entitled "an act establishing a corpora- 
tion by the name of the Monkton Turnpike Company," which was read 



140 



Governor and Council — November 1815. 



& nonconcurred & the reasons therefor returned with the bill to the 
General Assembly. 

The engrossed bill entitled "an act making appropriations for the 
present year," which had been ordered to lie, was called up & passed to 
become a Law. 

The engrossed bill entitled "an act in amendment of an act contained 
in the 21 8t chapter of Laws passed 1814," was called up, read & passed 
with proposals of amendment. 

Received the following engrossed bills sent up from the General As- 
sembly for concurrence &c. Viz. "An act in addition to the several 
acts for regulating & governing the militia &c. ; An act to pay Samuel 
Fifield the sum therein mentioned; An act to alter & amend an act lay- 
ing duties on Licenses to Hawkers & pedlers; An act directing the 
Treasurer to pay Harvey Gilman the sum therein mentioned; An act 
authorizing the administrator on the estate of E. Wood to deed certain 
lands; An act establishing a corporation by the name of the Putney 
Turnpike Company; An act freeing Major Camp from imprisonment;" 
which were severally read & it was Resolved to concur with the house 
in passing the same into Laws. 

Received the engrossed bill entitled " an act to prevent the running 
of Stages on the Sabbath;" which was read & nonconcurred & the reas- 
ons of nonconcurrence sent to the house in writing with said Bill. 

Resolved that His Excellency be & he is hereby requested to appoint 
the third Wednesday, being the 17 th day of April next, to be observed 
as a day of fasting & prayer throughout this State & that he issue his 
proclamation accordingly. 

The following Debenture was read & approved. 



Names. 


Travel. 


Gov. Chamberlain 


28 


S. Miller 


30 


D. Dana 


75 


G. 1'ainter 


60 


K. Baylies 


1 


J. Ellsworth 


33 


E. Stephens 


38 


J. W. Chandler 


28 


Z. Willoby 


55 


J. Hubbard 


40 


J. D. Butler 


60 


Gov. Brigham 


46 


J. Wright 


131 


M. Richards 


95 


P. Smith 


74 


E. Keyes 


42 


W. Hunter 


64 


J. Doolittle 


60 


J. Tarbox 


23 


T. Chittenden 


30 


E. Butler 


11 


W. Cahoon 


44 


F. Bliss 


55 


T. Stanley 

R. C. Mallary Secy- 


32 


70 


G. Worthington Shrff 


— 



Anit. 
Travel. 



36 



3 84 
8 40 





Amt of 


Amt of 


Days 


Atten'ce. 


Deb. 


2 


8 





11 


36 


2 


3 


— 


6 


60 


2 


3 


— 


12 


— 


2 


3 


— 


10 


20 


2 


3 


— 


3 


12 


2 


3 


— 


6 


96 


2 


3 


— 


7 


56 


2 


3 


— 


6 


36 


2 


3 


— 


9 


60 


2 


3 


— 


7 


80 


2 


3 


— 


10 


20 


33 


132 


— 


137 


52 


33 


49 


50 


65 


22 


33 


49 


50 


60 


90 


26 


39 


— 


47 


88 


30 


45 


— 


50 


4 


33 


49 


50 


57 


18 


31 


46 


50 


53 


70 


33 


49 


50 


52 


22 


33 


49 


50 


53 


10 


33 


49 


50 


50 


82 


29 


43 


50 


48 


78 


33 


49 


50 


56 


10 


29 


43 


50 


47 


34 


32 


80 


— 


88 


40 


33 


49 


50 


49 


50 



Amt. $1009.96 



Governor and Council — November 1815. 141 

Received a resolution appointing Monday next at 7 o'clock A. M. a 
time for both houses to meet in the Representatives' room for the pur- 
pose of Adjourning the General Assembly without Day — which being 
read it was Resolved to concur with the house in passing this resolution. 

Mr Rich of the house appeared in Council Chamber & returned the 
Engrossed bill entitled " an act directing the mode of election," which 
had been sent down to the house for concurrence, with proposals of 
amendment made by the house — which being considered, said propo- 
sals of amendment were adopted & the bill become a Law. 

Adjourned to Monday 7 O'C. A.M. 



Monday November 13, 1815. 7 O'C. A. M. 

The Governor & Council met pursuant to adjournment. 

Pursuant to concurrent resolution of both houses, the Governor & 
Council proceeded to the Representatives' room & there met the house 
of representatives & after the Reverend Chaplain had addressed the 
throne of Grace, the General Assembly was adjourned without day. 

The foregoing from page 209 to 297 both inclusive [of manuscript 
Council Journals, Vol. 7,] contains a true Journal of the proceedings of 
the Governor & Council of the State of Vermont at their October Ses- 
sion A. D. eighteen hundred & fifteen. 

R. C. Mallary, Secretary. 



FORTIETH COUNCIL, 

OCTOBER 1816 TO OCTOBER 1817. 



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



Councillors. 



Elias Keyes, Stockbridge, 
Josiah Wright, Pownal, 
Ezra Butler, Waterbury, 
Frederick Bliss, Georgia, 
Pliny Smith, Orwell, 
William CAnooN, Lyndon, 



Joel Doolittle, Middlebury, 
Truman Chittenden, Williston, 
Timothy Stanley, Greensboro', 
Daniel Peaslee, Washington, 
Thomas Hammond, Pittsford, 
Theophilus Crawford, Putney. 



Rollin C. Mallary, Castleton, Secretary. 
Chapin Keith, Barre, Sheriff. 



BIOGRAPHICAL NOTICES. 

Daniel Peaslee represented Washington in the General Assembly 
ten years, first in 1802 and last in 1826; was delegate in the Constitu- 
tional Convention of 1814; Sheriff of Orange County 1807 until 1812 ; 
and Councillor 1816 until 1819. — Deming's Catalogue. 

TnoMAS Hammond, born in Newton, Mass., Feb. 20, 1762, at the age 
of four years was taken from his parents and bound to a farmer in 
Leicester, Mass. In 1778 he enlisted in the continental army, served 
nine mouths, and became fifth corporal— a position, he used to say, of 
which he felt prouder than of any he afterward held. In 1782 he came 
to Shaftsbury, Vt., and in 1783 to Pittsford. The vicissitudes of his 
early years were unfavorable to the development of a good character, 
but on his way to Pittsford he resolved to leave his bad deeds behind 
him, and strive thenceforth for a noble, sanctified manhood. In this he 
was successful, becoming " emphatically a soldier of the Cross," and 



Governor and Council — October 1816. 143 

eminently useful in the church and to the public. He represented 
Pittsford in the General Assembly nine years, 1794 until 1813, and in 
the Constitutional Convention of 1791; was judge of Rutland County 
Court seven years, 1812 until 1822 ; councillor 1816 until 1820 ; and dur- 
ing the war of 1812-14 was United States assessor. He died April 4 
1847, in his 86th year. The late Hon. Thomas D. Hammond of Orwell 
was one of his sons. — Caverly's History of Pittsford, in which see por- 
trait ; and Deming's Catalogue. 

Tiieophiltjs Crawford, born in Union, Conn., April 25 1764, was 
brought by his father James to Westminster in 1769. In 1784 he served 
with the Vermont militia in quelling the disturbances of the Yorkers 
at Guilford. He was a delegate from Putney in the Constitutional Con- 
vention of 1822, and representative in the General Assembly of 1823 ; 
Sheriff of Windham County in 1819; and Councillor 1816 until 1820. 
He died in Jan. 1856. — B. H. Hall's History of Eastern Vermont; and 
Deming's Catalogue. 



RECORD OF THE GOVERNOR AND COUNCIL 
AT the 

SESSION WITH THE GENERAL ASSEMBLY AT MONTPELIER, 

October, 1816. 



State of Vermont ss. — A Journal of the proceedings of the Gov- 
ernor & Council of the State of Vermont begun & holden at Montpelier 
in said State on the second Thursday of October (being the 10th day of 
said monfh) Anno Domini, one thousand eight hundred & sixteen. 
Present His Excellency Jonas Galusha Esqr. Governor, — His Honor 
Paul Brigham Esqr. Jit. Governor; Of the Council The Honorable 
Elias Keyes, William Hunter, Pliny Smith, William Cahoon, Frederick 
Bliss, Truman Chittenden, James Tarbox, Josiah Wright, Joel Doolir- 
tle, Ezra Butler, Mark Richards, Timothy Stanley, Esquires. Chapin 
Keith Esq. Sheriff. Rollin C. Mallary, Secretary. 

Mr. Clapp of the House appeared in Council Chamber & informed the 
Governor & Council that the General Assembly had organized & [was] 
ready to receive any communication that the Governor & Council might 
please to make. 

Ordered that the Secretary inform the General Assembly that the 
Governor & Council have organized & [is] ready to receive any commu- 
nications from the House of Representatives. — Which order was per- 
formed. 

Messrs. Richards, Wright, Keyes, Butler, Smith, Bliss, Cahoon & 
Chittenden were appointed on the part of Council to join such commit- 
tee from the house as may be appointed to receive, sort & count the 
votes for Governor, Lt. Governor, Treasurer, & Councillors for the year 
ensuing, who were duly sworn to the iaithful discharge of their duty. 



144 Governor and Council — October 1816. 

Mr. Haight from the General Assembly appeared in Council & in- 
formed that the House had on their part appointed a committee to join 
the above mentioned committee appointed by the Gov. & Council. Or- 
dered that the Secretary inform the house that the Gov. & Council had 
also appointed a like committee on their part. 

Adjourned to 4 O'C. P. M. 1 

4 O'C. P. M.— Governor & Council met pursuant to adj*- 

Mr. Luce of the House appeared in Council Chamber & informed that 
they had met in the Representatives', rooni & were ready to meet the 
Governor & Council to hear the report of the joint Canvassing Commit- 
tee: — Whereupon the Governor & Council proceeded to the Representa- 
tives' room & the report of the Canvassing Committee was read as fol- 
lows: 

To the Honorable General Assembly now sitting: — The Committee 
appointed to receive, sort & count the votes for Governor, Lt. Governor, 
Treasurer, & Councillors for the year ensuing do report & declare that 
His Excellency Jonas Galusha Esqr. is elected Governor, His Honor 
Paul Brigham is Elected Lt. Governor, Benjamin Swan Esqr. Treas- 
urer; And that the Honorable Ezra Butler, Pliny Smith, Joel Doolittle, 
Josiah Wright, William Cahoon, Timothy Stanley, Truman Chittenden, 
Daniel Peaslee, Thomas Hammond, Elias Keyes, Frederick Bliss, & 
Theophilus Crawford are elected Councillors for the year ensuing. 

Elias Keyes for Committee. 

October 10, 1816. 

Which said officers were declared duly elected. 2 

His Excellency the Governor & Council returned to their Chamber. 

His Excellency the Governor was pleased to appoint Rollin C. Mallary 
Secretary for himself & Council for the year ensuing. 

Adjourned to 9 O'C. A. M. tomorrow. 



Friday October 11, 1816. 9 O'C. A. M. 

Governor and Council met pursuant to adjournment. 

Mr Graves of the house came into Council Chamber & gave informa- 
tion that the General Assembly had organized; had appointed the Hon 1 
William A. Griswold, Speaker — William Slade Esq. Secretary of State, 
& William D. Smith Esquire Clerk. 

Mr Keyes, on leave, introduced the bill entitled "An act for the 
removal of Samuel E. Godfrey to the State's prison," which was read & 
referred to a Committee of one to join from the House. Mr Keyes was 
appointed to Join. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

His Excellency Governor Galusha & the Hon 1 - Council proceeded to 
the Representatives' room, to whom the oaths of office as Governor were 
duly administered — when his Excellency made the following Speech. 8 

His Excellency the Governor & the Honorable Council returned to 
their Chamber & adjourned to 9 O'C. A. M. tomorrow. 

1 Rev. Samuel Austin preached the election sermon. 
8 The votes for Governor were as follows : Jonas Galusha, 17,262 ; 
Samuel Strong, 13,888 ; scattering, 102. 
•For the speech see Appendix A. 



Governor and Council — October 1816. 145 

Saturday Oct. 12, 1816. 9 O'C. A. M. 
Governor & Council met agreeably to adjournment. 
Rec d from the House a resolution appointing a committee of new trials 
to join— which was read and passed & Mr Doolittle appointed to join. 
Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Received notice from the house that they had app d pursuant to their 
rules the following Committees to join from Council — A Military Com- 
mittee of four members, A Committee of Claims of four members, A 
Judiciary Committee of four members, A Turnpike Committee of four 
members, A Committee of insolvency of four members, A Committee of 
Manufactures of four members, A Land tax Committee of four members 
— whereupon it was Resolved to join the above Committees & Gov. 
Brigham was appointed to join the military Committee — Mr Butler the 
Committee of Claims — Mr Smith the Judiciary Committee — Mr Bliss 
the Turnpike Committee — Mr Wright the Committee of Insolvency — 
Mr Keyes the Committee of Manufactures — Mr Crawford the Land Tax 
Committee. 

Received from the House the petitions of David Stickney, Samuel 
Bryant, P. Richards Jr., T. Powell, Jacob F. Dodge, Obadiah Eaton, 
Rix Kinne, Ephraim Skinner, Edward S. Meeder, Joseph Fessenden, — 
each praying for acts of suspension — which were severally read & there- 
upon it was Resolved to concur with the house in their order to refer the 
same to the joint Committee on insolvency. 

Received the petitions of Harry Hale, William Meacham, Z. & A. 
Lull, D. Herriman, Asa Cole, Nathan Brownson— with orders of the Gen- 
eral Assembly on each referring the same to the joint Committee of 
Claims — which were read & Resolved to concur with the house in said 
reference. 

Received the petition of Curtiss Holgate with an order of the house 
referring the same to a committee of four to join — which was read & it 
was Resolved to concur in said reference & Mr. Chittenden appointed. 

The petition of Isaac Norton was received with an order referring the 
same to the judiciary Committee, which was read & it was Resolved to 
concur with the House in said reference. 

The petitions of Joseph Mott, of Nathan Niles, were received with 
orders of the house on each referring the same to the joint Com. [on] 
Pet. of Curtiss Holgate — which were read, & it was Resolved to concur 
in said reference. 

Received the petitions of Stamford — of Orange — with orders on the 
same referring them to the joint land tax committee. Conc d - 

The petitions of Inhabitants of Marlboro' — of Jonas Whitney — were 
received with orders to refer the same to the joint Turnpike Committee, 
which were read & it was Resolved to concur in said reference. 

The petitions of Inhabitants of Windham County— of Stephen Shaw 
& others— of Inhabitants of Chelsea, with orders on each to refer the 
same to the joint Military Committee — which were read & it was Re- 
solved to concur with the House in said reference. 

The petition of Jabez Rogers Jr. was rec d * with an order referring the 
same to the joint Committee of New trials; which was read & Resolved 
to concur with the house in said reference. 

The petition of Inhabitants of Addison & Chittenden Counties was 
received with an order referring the same to a select committee to join, 
which was read & Resolved to concur with the General Assembly in said 
reference & Mr. Bliss was appointed to join. 

The petition of Caleb Fitch [FeltchJ was received with an order of 

xo 



146 Governor and Council — October 1816. 

the house referring the same to a committee of four to join — which was 
read & Resolved to join said Committee, & Gen 1 Cahoon was app d - 

The petitions of Jonas N. Benedict— of Samuel Britton, of Samuel 
Bell, with an order of the house on each referring the same to the joint 
Committee on the petition of Caleb Fitch, which were read & it was Re- 
solved to concur with the House in said reference. 

The petition of Simeon Wright was received with an order referring 
the same to a committee of four to join — which was read & it was Re- 
solved to concur in said reference & Mr Peaslee appointed. 

The Petition of James Andrews was received with an order to refer 
the same to the joint committee on the petition of Simeon Wright — 
which being read it was thereupon Resolved to concur in said reference. 

The petition of Sally Harris was received with an order of the General 
Assembly referring the same to a committee of four to join— which was 
read & Resolved to concur in said reference, & Mr Chittenden appointed. 

The petition of Polly Smith & Jonas Humphrey was rec d with an 
order referring the same to the joint Committee on the petition of Sally 
Harris — which being read Resolved to concur in said reference. 

The Petition of the Inhabitants of Middlebury was received with an 
order to refer the same to a Committee of four to join — which being read 
Resolved to concur in said reference & Mr Smith appointed. 

The petition of Tryphena Whitcomb was received with an order of 
the house referring the same to a Committee of two to join which was 
read & Resolved to join & Mr Stanley appointed. 

The petition of Pittsford Aquaduct Company was rec d with an order 
of the house referring the same to a Committee of four to join — which 
was read & Resolved to concur in said reference & Mr Cahoon was duly 
appointed to join. 

>%The petition of John Moshier [Mosher] was received with an order to 
refer the same to a Committee of two to join, which was read & Resolved 
to concur in said reference & Mr Peaslee was app d - 

Received from the house a resolution appointing a committee to re- 
ceive, sort & count the Votes for Representatives to Congress to join — 
which was read & Resolved to concur in passing said resolution & 
Messrs. Stanley, Cahoon & Crawford were duly appointed to join said 
Committee. 

Rec d a resolution appointing tuesday the 15 th day of October instant at 
4 O'C. P. M. a time for both houses to meet in County Conventions to 
nominate County officers & Wednesday morning next at the opening of 
the house to meet in Representatives' room to elect such officers — which 
was read & Concurred. 

Adjourned to 9 O'C A. M. on Monday next. 



Monday October 14, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petition of Anthony Barker & others was received with an order 
referring the same to the joint Committee on the petition of Inhabitants 
of Addison & Chittenden Counties— which was read & Resolved to con- 
cur with the General Assembly in said reference. 

Petition of I. [Isaac] Chase was received with an order of the house 
referring the same to the joint committee on the petition of C. Fitch— 
which being read it was Resolved to concur with the house in said 
reference. 

The petition of Mark Record was received with an order referring the 
same to the joint committee on the petition of John Mosher, which be- 
ing read it was Resolved to concur in said reference. 



Governor and Council — October 1816. 147 

The petition of the proprietors of Baptist meeting-house in Addison 
was received with an order of the house referring the same to the joint 
Committee on the petition of Sally Harris — which being read it was 
thereupon Resolved to concur in said reference. 

Rec d the petitions of Poultney Turnpike Company, of Inhabitants 
of Wilmington, of Simeon Rising & others, of Inhabitants of Dover, of 
Green Mountain Turnpike Company & papers, Bill for Waltham Turn- 
pike Co?' an act establishing a corporation by the name of Monkton 
Turnpike Company, Petition of Inhabitants [of] Wilmington, of Ran- 
dall Rice & others, of Passumpsic Turnpike Company with an order of 
the General Assembly on each referring the same to the joint Turnpike 
Committee — which being read Resolved to concur with the house in 
their said reference. 

Petitions of Barton, of Fayston, of Worcester, of Salem, Joseph Peck 
& others for Irasburgh, of Goshen, of Lyman Kidder, & an act laying a 
tax on Northfield were received with an order on each referring the 
same to the joint land tax committee, which being read Resolved to con- 
cur with the house in said reference. 

Received the bill to credit the 1 st Constable of Pawlet the sum therein 
mentioned — Petition of Rufus Holsey [Hosley,] the account of Bohan 
Shepard — with orders to refer the same to the joint Committee of 
Claims— which being read Resolved to concur in said reference. 

The petition of Otis Standish was received with an order to refer it 
to the joint Committee of insolvency, which being read it was Resolved 
to concur in said reference. 

The petition of Paul Robinson was received with an order to refer it 
to the joint Committee on petition of Simeon Wright, which being read 
it was Resolved to concur in said reference. 

The Bill establishing the Merino Association was received with an 
order to refer the same to the joint Committee of Manufactures — which 
being read it was Resolved to concur in said reference. 

Petition of inhabitants of Springfield was received with an order to 
refer the same to the joint Committee on the petition of Inhabitants of 
Pittsford. Concurred. 

The petition of Mark Richards was received with an order to refer the 
same to the joint Committee of New Trials — which being read it was 
Resolved to concur in said reference. 

The petition of Inhabitants of Brattleboro' was rec d - with an order re- 
ferring the same to the joint Military Committee — which being read it 
was Resolved to concur in said reference. 

Rec d - the bill entitled " an act in addition to an act constituting a Su- 
preme Court & Judges of Supreme Court," with an order of the house 
to refer the same to the Judiciary Committee; which being read Re- 
solved to concur with the house in said reference. 

Received a Resolution of the General Assembly appointing tomorrow 
morning at 10 o'clock a time for both houses to meet in the representa- 
tives' room to elect judges of Supreme Court— which being read Re- 
solved to concur in passing the same. 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the expediency of erecting a court of Chancery &c. — which being read 
Resolved to concur in passing said resolution. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M— Gov. & Council met & adjourned to 9 O'C. A. M. tomorrow. 



148 Governor and Council — October 1816. 

Tuesday October 15, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The Governor & Council met the House in the Representatives' room 
for the purpose of electing Judges of the Supreme Court — whereupon 
Hon 1 Asa Aldis was duly elected Chief Judge & Hon 1 Richard Skinner 
& James Fisk were elected Side or Assistant Judges. The Governor & 
Council returned to their Chamber. 

The petitions of Jacob Snfford & others — of C. L. Rockwood & others 
— of the Inhabitants of Cavendish &c. were received with orders on each 
to refer them to the Joint Turnpike Committee, which were read & 
Resolved to concur in said reference. 

The petition & remonstrance of Samuel M. Lewis was rec d with an 
order to refer it to the joint Committee of New Trials. Conc d - 

The petition of Moses Start was rec d with an order of the house to 
refer the same to a com ee of two to join, which was read & it was 
Resolved to concur with the house in said reference, and Mr Cahoon was 
appointed from Council. 

The Petition of Charles [P.] & Betsy [II.] Chase was rec d with an 
order of the house to refer the same to the joint Committee on the 
petition of P. 13. Wilcox, which being read it was Conc d - 

The petition of select men of Grafton was received with an order re- 
ferring it to a com ee of three to join from Council — which being read it 
was Resolved to concur in said reference & Mr. Stanley was duly ap- 
pointed to join said Committee. 

The petition of inhabitants of Bclvidere was rec d - with an order to 
refer the same to the joint Committee on the petition of Fairfax — which 
was read & Concurred to join said Committee. 

Petition of Inhabitants of Bridport was received with an order of the 
Gen 1 - Assembly to refer it to a Committee of two members to join, which 
being read it was Resolved to concur in said reference & Gov. Brigham 
was appointed. 

The petition of Richard P. Cooly was rec d - with an order of the house 
referring the same to a com" of 4 members to join from Council — which 
being read it was resol d to concur & Mr. Doolittle was appointed to join 
said Committee. 

The petition of Inhabitants of Philadelphia was received with an or- 
der of the house to refer the same to a committee of 2 members to join 
from Council, which being read it was Resolved to concur in said refer- 
ence & Mr Wright [was appointed.] 

The petition of the proprietors & landowners of Landgrove was re- 
ceived with an order to refer it to a committee of three to join from 
Council, which was read & it was Resolved to concur in said reference 
& Mr Keyes was appointed to join. 

The petition of Bclvidere was received with an order to refer the 
same to a committee of three to join, which being read it was Resolved 
to concur in said reference & Mr Butler app d - 

Rec d the bill entitled "an act confirming the proceedings of the pro- 
prietors of Peru," with an order of the house thereon referring it to the 
joint committee on the petition of Inhabitants of Landgrove &c. which 
being read it was Resolved to concur in said reference. 

Petition of inhabitants of second school district of Jericho was re- 
ceived with an order to refer it to the joint committee on the petition 
of Inhabitants of Philadelphia, which being read it was Resolved to con- 
cur iu said reference. 

The petition of Peter & Betsey Wilcox was rec d with an order of the 
General Assembly to refer it to a com ee of two members to-join — which 



Governor and Council — October 1816. 149 

being read it was Besolved to concur in said reference & Mr Peaslee 
app d - 

The petitions of Sutton, of Morgan, of Holland, were rec d with orders 
of the house referring the same to the joint land tax committee — lie- 
solved to concur in said reference. 

The petition of Inhabitants of Belvidere was rec d with an order refer- 
ring the same to u Committee of three to join from Council — which 
being read Resolved to concur in said reference & Mr Butler was app d - 

Rec d the bill entitled an act establishing a County Grammar School 
with an order of the house referring the same to a committee of four 
to join from Council, which being read Resolved to concur in said refer- 
ence & Mr Cahoon app d - 

Rec d the bill entitled an act directing the State's Treasurer to credit 
Linus Crampton &c. with an order to refer it [to] the Joint Committee 
of Claims, which was read & it was resolved to concur in said reference. 

The petition of Henry Whitney * was received with an order to refer 
the same to the joint Committee of Suspension, which was read & it was 
Resolved to concur in said reference. 

The petition of Isaac Hinman was rec d with an order of the house re- 
ferring the same to the joint Committee of Claims. Concurred. 

The petition of George Nelson was rec d with an order to refer it to 
the joint Committee on the petition of P. B. Wilcox, which being read 
it was resolved to concur in said reference. 

The petition of Inhabitants of Fairfield was received with an order to 
refer it to a com ee of two to join. Conc d & Mr Chittenden app d from 
Council. 

The petition of Caleb H. Crook & others was received with an order to 
refer it to a committee of two to join. Conc d & Mr Smith appointed. 

Rec d the petition of Inhabitants of Roxbury & Brookfield with an or- 
der to refer it to a [the] com ee on the petition of Inhabitants of Fairfield, 
which being read it was Resolved to concur in said reference. 

Rec d a resolution of the General Assembly appointing a committee of 
five members to join from Council to report a bill repealing an act passed 
the 8 th day of Nov. 1805 establishing the permanent seat of Government 
— which being read it was Resolved to concur in passing said resolution. 
Mr Crawford appointed to join. 

Rec d the bill entitled an act directing the Treasurer to pay the 1 st 
Constable of Weybridge the sum therein mentioned — with an order re- 
ferring the same to the joint Committee of Claims. Conc d . 

Rec d a resolution appointing a committe of two members of the house 
to join &c. to enquire into the expediency of providing by law for digest- 
ing &c. a new edition of the laws of this State — which being read it was 
Resolved to concur in passing said resolution & Mr Keyes was ap- 
pointed to join. 

Rec d a resolution appointinga committee to join to take into considera- 
tion the law relating to paupers — which being read it was Resolved to 
concur in passing the same & Gov. Brigham was app d - 

Rec d a resolution appointing a committee [of one] from each County to 
ascertain all the different descriptions of property of this State not appro- 
priated—which being read Resolved to concur in passing this resolution 
& Mr Butler was app d - 

The petition of the University of Vermont was rec d with an order 
referring it [to] a member of each County to join, which being read Re- 
solved to concur in passing the same — and Messrs Wright, Keyes & 
Bliss were appointed. 

Adj d to2U'C. P. M. 



150 Governor and Council — October 1816. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d petition for Turnpike from West River to Brattleboro — Remon- 
strance of Inhabitants of Ludlow — of Inhabitants of Shrewsbury & Mount- 
holly— pet. of Willsboro [N. Y.] & Vergennes Turnpike Company — Re- 
monstrance of Inhabitants of Cavendish with an order of the House on 
each referring the same to the joint Turnpike Committee, which were 
severally read & Resolved to concur in said reference. 

Rec d a resolution appointing 4 members of the House of Representa- 
tives to join from Council to be denominated the 2 d land tax Committee 
— which being read it was Resolved to concur in said reference [res- 
olution.] — Mr Stanley was app d - 

Rec d petitions for land taxes on Washington, Westfield, Bill to revive 
a land tax on Peru, on Kirby, Kelly Vale [Lowell] & Cabot, with an 
order of the house on each referring the same to the joint 2 d land tax 
Committee. [Concurred.] 

Rec d petition for a road from Middlebury to Berkshire & accompany- 
ing papers with an order to refer the same to a committee of four to 
join — which being read it was Resolved to concur in reference & Mr 
Keyes appointed. 

The petition of Thomas Washburn was received with an order to 
refer the same to the joint Committee on the petition of Caleb Fitch. 
Conc d - 

The petition of Inhabitants of Brookline was rec d with an order of the 
house referring it to a Committee of 4 members of the house to join, 
which being read it was Resolved to concur in said reference & Mr 
Crawford app d . 

The petition of Hezekiah Smith Jr. was rec d with an order of the 
house to refer it to the joint Military Committee. Concurred. 

The petition of Ethan Bradley was rec d with an order to refer the 
same to the joint Committee of Manufactures, which being read it was 
Resolved to concur in said reference. 

The petitions of Sarah Thompson — of Jonathan Sherman was [were] 
rec d with an order on each referring the same to the joint Committee of 
Claims — which being read it was Resolved to concur in said reference. 

Rec d a resolution directing a Committee appointed on the petition of 
the Inhabitants of Addison & Chittenden Counties to enquire into the 
expediency of repealing the act entitled an act for laying out a road 
from Middlebury to Montpelier passed Nov. 11, 1814, which being read 
Resolved to concur in passing said resolution. 

The petition of Julius Wilcox for an act of Suspension with an order 
of the house was received referring it to the joint Committee of Insol- 
vency — which being read it was Resolved to concur in passing said 
reference. 

The petition of Darius Clark was rec d with an order referring the 
same to a committee of 4 to join — which was read & Concurred & Mr 
Peaslee appointed. 

A bill entitled an act relating to State Printing was rec d & an act 
granting to William Slade Jr. the right of printing the laws of this State 
— with an order of the house on each referring the same to the joint 
Committee on the petition of Darius Clark — which being read it was 
Resolved to concur in said reference. 

The petition of several Inhabitants of Navy [Charleston,] Salem &c. 
[received] with an order of the house to refer the same to the joint 
Committee on the petition of Inhabitants of Fairfield — which being 
read it was Resolved to concur in said reference. 

The petition of Selectmen of Troy [received] with an order of the 
house to refer the same to the [a] Committee of 4 members to join — 



Governor and Council — October 1816. 151 

which being read it was Resolved to Concur in said reference & Mr 
Smith was appointed. 

The petitions of H. Smith [Hezekiah Jr.] & Tho«- Washburn was 
[were] received with an order of the house to refer the same to the joint 
Committee on the petition of Caleb Feltch — which was read & Con- 
curred to join in s d reference. 

The petitions of Clark Rogers & Thomas Foster were received with 
an order to refer them to the joint Committee on the petition of Simeon 
Wright — which being read it was Resolved to concur in said reference. 

Rec d the petition of Philip Haynes, with an order of the House to 
refer the same to the joint Com ee of Suspensions — which being read 
it was Resolved to concur in said reference. 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday October 16, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr Hammond, Councillor elect, appeared, took the several oaths of 
office & his seat as member of the Council. 

The petition of David M c Killips was filed & read, praying for a par- 
don — whereupon on the question Shall the prayer thereof be granted? the 
yeas & nays were called for & taken as follows — Yeas, Gov. Brighara, 
Messrs Keyes, Wright, Butler, Bliss, Smith, Cahoon, Stanley, Chitten- 
den, Doolittle, Peaslee, Crawford & Hammond; so the prayer thereof 
was granted. — There being no nays. 

The Governor & Council, pursuant to resolution of both houses, met 
the Genl Assembly in the representatives' room for the purpose of 
electing County officers — & after progress the joint committee adjourned 
to 2 O'C. P. M. of this day. Governor & Council returned to their 
Chamber & adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adj*- 
Governor & Council met the House in the Representatives' room in 
joint Com ee to complete the appointment of County officers, & after prog- 
ress the joint Com ee adjourned to 10 O'C. tomorrow forenoon. Governor 
& Council returned to their Chamber & adjourned to 9 O'C. A. M. to- 
morrow. 



Thursday October 17, 1816. 9 O'C. A. M. 

Governor & Council met. 

Petitions of Inhabitants of Starksboro', & for a road from Guildhall, 
Essex County, to Canaan, were received with an order to refer the same 
to the joint Committee on the petition of Inhabitants of Chittenden & 
Addison Counties— which being read it was Resolved to concur in said 
reference. 

A report of the condition of the funds of the University of Vermont 
was received with an order referring it to the joint Com ee on the petition 
of said University— which being read Resolved to concur in said ref- 
erence. 

Remonstrance against Turnpike from Townshend to Brattleboro'— of 
Inhabitants of Dummerston— of Thomas M. Fullerton— with an order 
of the house on each to refer them to the joint turnpike Committee— 
which being read Resolved to concur in said reference. 

Rec d - the bill entitled " an act to incorporate the president & directors 
of Windsor Bank "— with an order to refer it to a Com" of 4 members 



152 Governor and Council — October 1816. 

of the House io join from Council — which being read it was Resolved 
to join said committee & Mr. Hammond was appointed. 

Petition of inhabitants of Windham County for a bank was rec d - from 
the House with an order thereon referring it to the joint Committee on 
the bill for a Bank at Windsor — which being read it was Besolved to 
concur in said reference. 

Rec d - a bill entitled " an act relating to State Printing " with an order 
to refer it [to] the joint Committee on petition of Darius Clark, which 
being read it was Resolved to concur in said reference. 

Rec d the bill entitled " an act for the relief of Elias Bates " with an 
order to refer it to a Committee of three to join from Council — which 
was read & concurred to join & Mr. Crawford was appointed. 

The petition of Inhabitants of Plymouth was rec d - with an order of the 
Gen 1 - Assembly to [refer it to] joint Com ee on Petition of the Inhabit- 
ants of Chittenden & Addison Counties — which being read it was Re- 
solved to concur in said reference. 

The petition of Ahaz French was rec d - with an order of the house re- 
ferring it to the Com ee of new trials, which was read & concurred to join 
in said reference. 

Rec d - the petitions of Duncansboro' — of Shiverick Holmes— of Abel 
Page, & a bill in favor of Jonathan Hoyt Jr., with orders on each refer- 
ring them to the joint Committee of Claims — which being read it was 
Resolved to concur in said reference. 

The petitions of Anthony Jones — of John Page — with an order on 
each referring them to the joint Committee of Insolvency — which being 
read it was Resolved to concur in said reference. 

The petition of Micajah Ingham was received with an order of the 
House on the same referring it to a Committee of 4 members of the 
House to join from Council — which being read it was Resolved to join 
in said reference & Mr. Hammond was app d - 

The petition of Rebecca Dennett was rec d - with an order referring it 
to the joint Committee on the petition of Micajah Ingham— which be- 
ing read it was Resolved to concur in said reference. 

The petition of Samuel [James] Lewis was rec d - with an order to refer 
it to the joint committee on the petition of John Mosely [Mosher,] 
which being read it was thereupon Resolved to concur in said reference. 

The petition of Inhabitants of Salem &c. with an order of the house to 
refer the same to the joint committee on the petition of Inhabitants of 
Fairfield, which being read Resolved to concur in said reference. 

Rec d - a resolution of the house directing the Judiciary Committee 
to enquire into the expediency of reporting to the house a bill repealing 
an act entitled an act making further provisions in the Judiciary depart- 
ment — which being read it was Resolved to concur in passing said reso- 
lution. 

Rec d - the petitions of J. P. Ellis, of Ja 8 - Sawyer, — John & Timothy 
Harris, of John Carter Jr., Silas Hathaway, with an order of the Gen 1 - 
Assembly on each to refer it to the joint Committee of insolvency, 
which being read it was Resolved to concur in said reference. 

The petitions of David M c Coy, of Jonathan Fassett, of James Cum- 
mings was [were] rec d - with an order of the house to refer them to the 
joint Committee of Claims— which being read, Resolved to concur with 
the house in said reference. 

The petition of the Green Mountain [Turnpike] Company was rec d - 
with an order of the house referring the same to the joint Turnpike 
Committee — which being read it was Resolved to concur in said ref- 
erence/ 

The petition of Jeremiah Virginia was rec d - with an order referring 



Governor and Council — October 1816. 153 

the same to the joint Committee [on the petition] of Simeon Wright — 
which was read & concurred in said reference. 

The petition of Oliver Moulton was rec d - with an order of the house 
to refer it to the joint committee [on the petition] of M. Ingham — which 
being read it was resolved to concur in said reference. 

The petition of John Merriam was rec d - with an order to refer it to a 
committee of the House to join from Council, which being read it was 
Resolved to concur in said reference. Mr. Doolittle was appointed to 
join. 

The petition of Shrewsbury Artillery Company was rec d - with an or- 
der to refer it to the joint Military Com ee ' which being read Resolved to 
concur in said reference. 

A petition for a post road from Windsor to Rutland was received with 
an order to refer it to the joint Com ee on the petition of Inhabitants of 
Addison & Chittenden Counties — which being read it was Resolved to 
concur in said reference. 

Rec d - from the house a resolution appointing a Committee to take into 
consideration the expediency of altering the 14 Sec. of the law reducing 
into one the several acts for laying out & clearing roads &c. which be- 
ing read it was Resolved to concur in passing the same & Mr. Hammond 
was app d - 

Pursuant to adjournment of the joint Committee the Governor & 
Council met the House of Representatives in their room for the purpose 
of completing the County appointments, & after progress said Commit- 
tee adjourned until tomorrow at 3 O'C. P. M. 

The Governor & Council returned to their Chamber & adjourned to 2 
O'C. P. M. 

2 O'C. P. M.— Governor & Council met. 

The petitions of Joseph Reynolds, of A. W. Palmer, H. Medcalf, Sam- 
uel Benham & Henry A. Smith, convicts of State's prison praying for 
pardon, were severally read & dismissed. 

Adjourned to 9 O'C. A. M. tomorrow. 



FitiDAY October 18, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petition of Michael Ford, a convict of State's prison, was read, 
praying for a pardon. On the question Shall the prayer thereof be 
granted ? the yeas & nays were called for & taken as follows — Yeas, Gov. 
Brigham, Messrs. Keyes, Wright, Butler, Smith, Bliss, Cahoon, Stanley, 
Chittenden, Doolittle, Crawford & Hammond. Nay, Mr. Peaslee. So 
the prayer was granted. 

The petition of Blood, a convict of State's prison praying for a 

pardon, was read, & on the question Shall the prayer thereof be granted? 
the Yeas & Nays were called for & taken as follows — Yeas, Gov. Brig- 
ham, Messrs. Keyes, Wright, Butler, Smith, Bliss, Cahoon, Stanley, 
Chittenden, Peaslee, Crawford & Hammond — Nays, none — so the prayer 
was granted. 

The petition of David Hibbard [jr.] was rec d - from the house with an 
order to refer the same to a Committee of 4 members to join, which be- 
ing read Resolved to concur in said reference & Mr. Hammond app d - 

Rec d - the petition of overseers of poor of Richmond with an order of 
the house to refer it to the joint committee of new trials— which being 
read it was Resolved to concur in said reference. 

Rec d - a petition for a Turnpike in Windsor County with an order of 
the house referring it to the joint Turnpike Com 66 - Concurred. 



154 Governor and Council — October 1816. 

Rec d - the petitions of Asa & Elnathan Bassett — of Stukely Foster & 
of James Willard — with an order of the house on each referring it to the 
joint Committee of insolvency, which being read it was Resolved to con- 
cur in said reference. 

Rec d - the report of Committee appointed by the several acts [of 1814 
and 1815] for the relief of John Merriam, whereon was an order of the 
House referring it to the Committee on the petition of John Merriam — 
which being read it was Resolved to concur in said reference. 

Remonstrance of Inhabitants of Cambridge against pet. of inhabitants 
of Coit's gore was rec d - with an order of the house referring it to the 
joint Committee on the petition of Inhabitants of Fairfield, which being 
read it was Resolved to concur in said reference. 

The petition of Talitha Burnham was rec d - with an order of the house 
to refer the same to a committee of 4 members to join, which was read 
& Resolved to concur & Mr. Doolittle app d to join. 

The petition of Inhabitants of Danville, praying for the relief of Maj. 
General Barton, was rec d with an order referring it to a com ee of two to 
join, which being read it was Resolved to concur in said reference & Mr. 
Hammond app d - 

The petition of Bradford was rec d with an order of the House refer- 
ring the same to a committee of 4 members to join — which being read 
it was Resolved to concur in said reference & Mr. Cahoon was appointed. 

The petition of Inhabitants of Minehead [Bloomfield] was rec d with 
an order of the house referring it to the 2 d land tax com ee » which being 
read it was Resolved to concur in said reference. 

The petition of Philadelphia was rec d with an order to refer it to the 
1 st joint land tax com ee > which being read Resolved to concur in said 
reference. 

Petition of Inhabitants of Cabot was rec d with an order to refer it to 
the joint Com ee on the petition of Inhabitants of Addison & Chittenden 
Counties — which being read it was Resolved to concur in said reference. 

The petition of Joseph Weeks was rec d with an order referring it to 
the Committee of Claims — which being read it was Resolved to concur 
in said reference. 

Rec d from the House a resolution directing the judiciary committee 
to take into consideration the expediency of altering the time of holding 
County Courts &c. — which being read it was Resolved to concur in pass- 
ing said resolution. 

Ordered that the Secretary present the following communication from 
His Excellency the Governor to the Speaker of the House: — 

In Council Chamber, Oct. 18, 1816. 

To William A. Griswold Esqr. Speaker of House of Representatives. 
Sir, — I transmit for the information of the General Assembly the follow- 
ing communications from the executives of the several States on the 
different subjects therein mentioned. 

No 8 - 1, 2, 3, 4 & 5 refer to communications rec d from the States of Lou- 
isiana, Tennessee, Ohio, North Carolina, & Virginia on the subject of 
amendments proposed to the Constitution of the United States by the 
States of Massachusetts & Connecticut. 

No 8 - 6 & 7 contain proposals of amendment to the Constitution of the 
United States by the States of Massachusetts & North Carolina respect- 
ing the election of Representatives to Congress & electors of President 
& Vice President. 

No 8 - 9, 8, 10, 11 & 12 contain the resolutions of the States [of] Virginia, 
Ohio, Rhode Island, & Connecticut on the proposal of amendment to the 
Constitution of the United States relating to the election of Represent- 
atives to Congress & electors of President & V. President. 



Governor and Council — October 1816. 155 

No 9 - 13, 14 & 15 contain resolutions of Ohio, Louisiana & North Caro- 
lina on the proposal of amendment to the Constitution of the U. S. 
reducing the term of service of Senators in Congress from six years to 
four. 1 «|| flM 

No. 16 is a letter from the Hon 1 - De Witt Clinton on the subject of 
Canal navigation referred to in the executive communication [Gover- 
nor's speech.] 

No. 17 coutains the account of Maj. Seth Cushman for his expences 
incurred while employed as an agent to the Governor of Canada to ob- 
tain the release of Mr. Samuel Hugh, pursuant to his appointment. 

The General Assembly will please to adopt such measures as the sev- 
eral subjects may require. Jonas Galusha. 

The petition of John V. Wyman, a convict of State's prison, was 
called up, read & on the question Shall the prayer thereof be granted? 
the yeas & nays were called for [and] taken as follows— Teas, Gov. Brig- 
ham, Messrs. Wright, Butler, Smith, Bliss, Stanley, Chittenden, Doolit- 
tle, Hammond; Nays, Messrs. Keyes, Cahoon, & Crawford; Yeas 9— 
Nays 3: so the prayer of said petition was granted. 

The petition of Timothy Steward, a convict of State's prison, was 
called up, read & on the question Shall the prayer thereof be granted? 
The Yeas & Nays were called for & taken as follows — Yeas, Gov. Brig- 
ham, Messrs. Wright, Butler, Smith, Bliss, Cahoon, Stanley, Chittenden, 
Doolittle, Crawford & Hammond, 11 — Nay Mr. Keyes, 1 — so the prayer 
of said petition was granted. 

Governor & Council met the Gen 1 - Assembly in Rep 8 ' room to complete 
County appointments & after progress the joint Committee adjourned. 

Mr. Keyes appointed on the Committee on the Pet. of Simeon Wright. 

Adjourned to 9 O'C. A. M. tomorrow. 



Saturday Oct. 19, 1816. 9 O'C. A. M. 

Governor & Council met. 

The petition of Frye Bayley was rec d with an order referring it to 
Com ee of Claims. Coucurred. 

The Petition John Burroughs was read, a convict of State's Prison 
praying for pardon— on the question Shall the prayer thereof be granted? 
the; Yeas & Nays were taken as follows — Yeas, Gov. Brigham, Messrs. 
Keyes, Wright, Butler, Smith, Stanley, Bliss, Cahoon, Chittenden, Doo- 
little, Crawford & Hammond— Nays none — So the prayer of said Pet. 
was granted. 

The Petition of Richford for a land tax was rec d with an order referring 
it to the l 8t land tax committee. Conc d - 

Pet. of Walden for a land tax was rec d with an order of the house 
referring it the 2 d land tax com ee - Conc d - 

Rec d - the petition of Calvin Fairchild [Fairbank jr.,] of Barnard Ar- 
tillery with an order of the house to refer it [them] to the Military Com- 
mittee — which being read Resolved to concur in said reference. 

A report on the pet. of Simeon Wright was rec d with an order of 
recommitment, which being read it was resolved to concur. 

The petitions of Clark Haven, Job Strong, of Jabez Luther, of Bar- 
tholomew French jr. with [order] of the House referring them to the 
joint Com ee of Insolvency, were rec d & read & Concurred. 

The petitions of Daniel Goss, of John Morrison & others, of Joshua 
R. Larkin, with orders on each referring them to the joint Committee on 

1 See Appendix C. 



156 Governor and Council — October 1816. 

the petition of Micajah Ingham, which being read it was Resolved to 
concur in said reference. 

Pet. of John G. Woodward was rec d with an order of the house re- 
ferring it to the joint Committee on the petition of John Mosher — which 
being read it was Resolved to concur in said reference. 

The petition of Richard Halliday, a convict of State's prison praying 
for pardon, was read & on the question Shall the prayer thereof be 
granted ? the yeas & nays were called for & taken as follows: Yeas, Gov. 
Brigham, Messrs. Wright, Butler, Smith, Bliss, Cahoon, Stanley, Chit- 
tenden, Doolittle, Crawford & Hammond— 11. Nay Mr. Keyes. So the 
prayer of said petition was granted. 

The bill entitled an act to alter an act entitled an act to regulate fees, 
was rec d from the house with an order to refer it to a committee of 3 
members to join. Concurred & Mr. Hunter appointed. 1 

The petition of Jared Dixon was rec d with an order to refer it to the 
joint Committee on the petition of Caleb Fitch. Concurred to join said 
Committee. 

Rec d the petition of Arad Merrill with an order to refer it to the joint 
Committee of Claims — which being read it was Resolved to concur in 
said reference. 

The petition of Adney Eaton was rec d from the house [with an order] 
referring it to the joint Committee on the Petition from Fairfield — read 
& Concurred. 

The petition of the- President & Fellows of Middlebury College was 
rec d with an order to refer it [to] the joint Committee on the petition of 
Corporation of University of Vermont; which being read Resolved to 
concur in said reference. 

Rec d a resolution appointing the 4 th day of Nov r next a time for both 
houses to meet, at 10 O'Clock forenoon, to elect 8 electors of President 
& Vice President — which being read Resolved to concur in passing said 
resolution. 2 

Rec d from the House a resolution instructing the Senators & request- 
ing the Representatives [of this State] in Congress to procure a repeal 
of the Compensation bill — which being duly read it was Resolved to con- 
our in passing said resolution." 

Adjourned to 2 O'C. P. M. 

2 O'clock P. M.— Governor & Council met. 

Petitions of Daniel W. Slaid, of Oren Willard, of John N. Cunning- 
ham, convicts of State's prison, were read & dismissed. 

Rec d the Petition of Samuel M. Lewis with an order to recommit it to 
the Committee of New Trials. — Concurred. 

Rec d the bill relating to State's Printing with an order of the house to 
recommit the same to the joint Committee raised on that subject, which 
being read it was Resolved to concur in said recommitment. 

The petition of I. Norton & I. Northrup was rec d with an order to re- 
commit — which being read it was Resolved to concur in said order of 
recommitment. 

1 Evidently an error, as Mr. Hunter was not a member of the Council. 

s This resolution was amended and the election made on the 1st of 
November, when Jonathan Robinson, Apollos Austin, Robert Holley, 
Wm. Brayton, James Roberts, Asaph Fletcher, John H. Cotton, and 
Isaiah Fisk were elected. 

8 The act objected to allowed $1500 per annum to Congressmen, in- 
stead of the former rate of $6_per day. 



Governor and Council — October 1816. 157 

Rec d the petitions of Samuel Huntington— of Daniel Henshaw— of 
Seth Cushman— with an order of the house on each referring them to 
the joint Committee of Claims — which being read it was Resolved to 
concur in said reference. 

The petition of Alex r Campbell was rec d with an order referring it to 
the joint Com ee of New Trials. Conc d - 

Auj d to 9 O'C. Monday morning next. 



Monday October 21, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rcc d a bill for the relief of Inhabitants of Peru for lands used by 
Turnpike with an order of the house to refer it to the joint Turnpike 
Com ce « which being read Resolved to concur in said reference. 

Rec d irom the House the Communication of the Hon 1 - De Witt Clin- 
ton with an order thereon referring it to a Com ee of 4 members to join 
— which being read it was Resolved to join said Committee & Mr. Keyes 
was appointed. 

Rec d the bill relating to school lands with an order of the House re- 
ferring it to the joint Judiciary Com ee » which was read & concurred. 

Rec d the bill entitled " an act in alteration & amendment of an act 
entitled an act making further provisions in the Judiciary department," 
with an order to refer it to the joint Judiciary Committee— which being 
read it was thereupon Resolved to concur in said reference. 

The petitions of John Church Jr., William Johnson, Henry Fitch & 
Samuel I. Mott, convicts of State's prison, were read & dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met. 

The petition of Francis Pilkey, a convict of State's prison praying for 
pardon, was read & on the question Shall the prayer thereof be granted? 
The Yeas & Nays were called for & taken as follows — Teas, Messrs. 
Wright, Butler, Smith, Bliss, Cahoon, Stanley, Chittenden, Peaslee, 
Crawford & Hammond. Nays none. So the prayer was granted. 

The petitions of John Brown, of Henry Rose, Willard Chapman, 
Francis Wood, Benjamin Abbott, William Davis, Jesse Brooks, John P. 
Hill, Joseph Maher Jr., George Wilson, John Luck, C. Jones, James R. 
Perry, William M. Parker, William Riley, & Ebenezer Burt, convicts of 
Slate's prison praying for pardou, were read & dismissed. 

Adjourned to 9 O'C. A. M. tomorrow. 



Tuesday October 22 d - 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the report of the Visitors of State's prison with an order of the 
house to refer it to a committee of 4 members to join. Concurred & 
Mr. Smith was appointed. 

Rec d the bill entitled an act in addition to an act regulating proceed- 
ings in town meetings with an order to refer it to the judiciary commit- 
tee, which being read Resolved to concur in said reference. 

Rec d the resolution of Gen 1 - Assembly directing the Military Commit- 
tee to enquire into the expediency of directing the town grand Jurors 
&c. to enter complaints &c. to carry into effect the 34th Section of the 
Militia act— which being read it was Resolved to concur in passing said 
resolution. 



158 Governor and Council — October 1816. 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the expediency of allowing the Inhabitants of towns to testify &c. [when 
the town is a party,] which being read it was Resolved to concur in 
passing said resolution. 

Rec d a bill relating to State's printing with an order to refer it to the 
joint Committee on the petition of Daniel Clark. Concurred. 

Rec d the bill laying a tax on Goshen Gore with an order referring it 
to the 1 st joint land tax Committee — which being read Resolved to 
concur in said reference. 

The petitions of Selah Hickok, Edmond Patrick, Arvin Potter, John 
Johnson, Miles Jordan, Jacobus Rockfellow, Henry Stone, Asahel Mott, 
convicts of State's Prison, praying for pardon, were read & dismissed. 

The petition of Worthy Beaman, a convict of State's Prison, was rec d 
& read, praying for a pardon — which being heard, on the question Shall 
the prayer thereof be granted ? the Yeas & Nays were called for & 
taken as follows — Yeas, Messrs. Wright, Butler, Smith, Bliss, Cahoon, 
Stanley, Chittenden, Doolittle, Peaslee, Crawford & Hammond. Nays 
none — so the prayer of said petition was granted. 

Rec d from the General Assembly the following engrossed bills sent up 
for revision & concurrence or proposal of amendment, Viz. An act 
granting relief to the Administrator of James Walker deceased ; An act 
extending the time for compleating the Vergennes & Willsboro' [N. Y.] 
road ; An act appointing a place for the meeting of the electors of Pres- 
ident & Vice President ; An act granting relief to Harriett A. Holton ; 
An act in addition to an act laying & surveying a market road from M. 
Bartholomew's in Vershire &c; An act in addition to an act incorpo- 
rating the Passumpsic Turnpike Company ; An act authorizing the Ad- 
ministratrix of Lebbeus Harris deceased to sell lands ; " which said bills 
being severally read it was Resolved to concur in passing the same into 
laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The committee app d on the bill for the removal of Samuel E. Godfrey 
to State's Prison made report, which was read & accepted. The en- 
grossed bill entitled " an act for the removal of Samuel E. Godfrey to 
State's Prison," was taken up & read & on the question Shall the bill 
pass [to] be sent to the General Assembly for concurrence ? the yeas & 
nays were called for & taken as follows— Yeas, Gov. Brigham, Messrs. 
Wright, Smith, Bliss, Stanle}', Chittenden, Doolittle, Peaslee, Hammond 
& Crawford — 10. Nays, Messrs. Butler & Cahoon — 2. So the bill 
passed in the affirmative. 

Received the bills, one entitled " an act restoring Mark Record to his 
legal privileges," one restoring John Mosher to his legal privileges, 
with orders on each referring the same to the joint Committee on the 
petition of John Mosher — which were read & Resolved to concur in said 
reference. 

Rec d a resolution appointing a committee to enquire into the justice 
&c. of appointing some suitable person to institute a process against 
the Connecticut River Turnpike Company &c. to join — which was read 
& Resolved to concur in passing said resolution ; Mr. Stanley was 
appointed. 

The petition of Manly Ravlin, a convict of State's Prison, was read, 
praying for a Pardon, whereupon on the question Shall the prayer 
thereof be granted ? the Yeas & Nays were called for & taken as follows 
— Yeas, Gov. Brigham, Messrs. Wright, Smith, Cahoon, Stanley, Chit- 
tenden, Peasley, Crawford & Hammond — Yeas 9. Nays, Messrs. Butler 
& Bliss — 2. The Prayer of said Petition was granted. 



Governor and Council — October 1813. 159 



Resolved to advize His Excellency the Governor & He is hereby ad- 
vized, to appoint the third Wednesday of April next to be observed as a 
day of Fasting & Prayer throughout this State, & that He issue his 
Proclamation accordingly. 

Rec d notice from the Gen 1 - Assembly that they had concurred in the 
bill for the removal of Godfrey to the State's Prison. 

Rec d the engrossed bill entitled " an act directing the Treasurer to 
credit Elias Bates of Ira the sum therein mentioned," sent up for con- 
currence &c. which being read Resolved to concur in passing the same 
into a Law. 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday October 23 d * 1816. 9 O'C. A. M. 

Governor & Council met. 

Rec d from the house a bill proposing an amen* to the Militia Laws, 
which contained an order of the house to refer it to the joint Military 
Committee, which being read Resolved to concur in said reference. 

Rec d a resolution apps this day at 2 O'C. P. M. a time for both houses 
to meet to elect a Chaplain for the remainder of the session. Concurred. 1 

Rec d a bill entitled an act to revive a land tax on the town of Mont- 
gomery, with an order of the house to refer it to the 2 d joint land tax 
Com ee - Concurred to refer it to said committee. 

Rec d the bill entitled "an act in addition to an act regulating town 
meetings &c." with an order to refer it to the joint Judiciary Committee 
—which being: read Resolved to concur in said reference. 

Rec d the bill entitled an act incorporating the President, Directors & 
Company of the Bank of Burlington, with an order to refer it to the 
joint Committee on the bill for a bank at Windsor — which was read & 
Resolved to concur in said reference. 

Rec d the following engrossed bills sent up from the House for concur- 
rence & revision or proposals of amendment, Viz. —"An act authorizing 
the guardian of the minor Heirs of Arnold Gully [Guilly] to sell land; 
An act to incorporate certain persons therein named by the name of the 
Springfield Aquaduct Co?; An act to repeal an act therein mentioned; 
An act appointing a committee to lay out a road from Middlebury in [the] 
County of Addison to lower falls in Onion River in the County of Chit- 
tenden;" which were severally read & it was Resolved to concur in pass- 
ing the same into laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

The Petition of Jonathan Kendall was rec d with an order referring it 
to the joint Committee on the Pet. of John Merriam — which was Read 
& Resolved to concur in said reference. 

Rec d a bill laying a tax on the town of Barton, with an order referring 
it to the 2 d joint land tax committee — which was read & Concurred to 
join. 

Rec d the bill annexing a part of Salem & Coventry to Duncansboro 
with an order of the House thereon referring it to the [committee on 
the] Petition of Inhabitants of Fairfield, which was read & Resolved to 
join [in] said reference. 

Rec d the petition of Asaph Fletcher Jr., with an order of the house to 
refer it to the joint Military Committee — which being read Resolved to 
concur in said reference. 

Adj d to 9 O'C. A. M. to Morrow. 

1 Rev. Joshua Bradley was elected vice Rev. Samuel Austin excused. 



160 Governor and Council — October 1816. 

Thursday October 24, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d from the General Assembly a Resolution appointing a com ee of 4 
to join from Council, to enquire into the expediency of making altera- 
tion &c. to the law relating to interest on Contracts— which being read 
Resolved to concur in said resolution & Mr. Hammond was appointed. 

Benjamin Swan, Treasurer Elect, appeared in Council Chamber & 
presented a bond in the penal sum of one hundred thousand dollars 
conditioned for the [faithful] performance of his duty as Treasurer — 
signed by himself as principal & Ja B - H. Langdon & Elias Keyes as sure- 
ties—which was approved & accepted & the said Swan was duly sworn 
Treasurer of Vermont for the year ensuing. 

Rec d the bill directing the Treasurer to pay Seth Cushman the sum 
therein mentioned with an order to refer it to the Committee of Claims. 
Concurred to refer it. 

Rec d from the house a resolution instructing the Judiciary Committee 
to enquire into the expediency of authorizing the Judges of the Su- 
preme Court to draw orders &c. in favor of persons who have appre- 
hended criminals — which being read Resolved to concur in said resolu- 
tion. 

Rec d from the House a resolution directing the Military Committee to 
enquire into the expediency of repealing the 3 d Section of the act in ad- 
dition to an act concerning the militia — which was read & Resolved to 
concur in passing said resolution. 

Rec d a bill for the relief of Bennett Palmer with an order of the House 
thereon referring it to the joint Committee of Claims — which was Read, 
whereupon it was Resolved to concur in said reference. 

Rec d the following engrossed bills sent up from the House for revision 
& concurrence or proposals of amendment — "An act directing the Treas- 
urer of this State to Credit Linus Crampton l 8t Constable of Tinmouth 
the sum therein mentioned; An act directing the Treasurer to pay Rulus 
Hosley the sum therein mentioned ; An act incorporating certain per- 
sons therein named by the [name of the] Pittsford aquaduct Company; 
An act directing the Treasurer to credit the l 8t Constable of Weybridge 
the sum therein mentioned ; " which were severally read & Resolved to 
concur in said bills & that the same become laws. 
Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d the bill entitled an act repealing an act establishing the Seat of 
Government at Montpelier, with an order of the house to refer it to the 
committee who reported the bill — which was read & Resolved to concur 
in said reference. 

Rec d a Resolution directing the Committee on the petition of Darius 
Clark to enquire into the expediency of reporting a bill for the Clerk of 
the House & Secretary of State to procure the State printing. — Concurred. 

Rec d the following engrossed bills sent up from the General Assembly 
for revision & Concurrence or proposals of amendment, Viz.— "An act 
laying a tax on the County of Franklin ; An act laying a tax of 2 cents 
per acre on Goshen Gore ; " which were read & Resolved to concur 
with the house in passing the same into laws. 

Rec d the engrossed bill entitled " an act laying a tax of 4 cents per 
acre on Sutton" which was read & passed with sundry proposals of 
amendment, & Mr Cahoon was appointed to assign the reasons to the 
house. 

Adjourned to 9 O'C. A. M. tomorrow. 



Governor and Council — October 1816. 161 

Frtday October 25, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the bill entitled "an act laying a tax of 3 cents per acre on the 
town of Richford," with an order of the House referring it to the 2 nd 
Joint Land tax committee — which being read Resolved to concur in said 
reference. 

Rec d a resolution of the House instructing the Committee on Mr. Ing- 
ham's Resolution to take into consideration that part of His Excellen- 
cy's Speech relating to education. Concurred. 

Rec d a resolution from the House directing the Military Committee to 
take into consideration the expediency of providing that towns shall 
provide rations for militia while on duty — which being read Resolved to 
concur in passing that resolution. 

Rec d a bill relating to fees, with an order of the house theron referring 
it to the judiciary Committee — which being read Resolved to concur in 
said reference. 

Rec d the bill directing the Treasurer to pay Selah Hicock the sum 
therein mentioned with an order to refer it to the joint Committee on 
the Petition of Caleb Fitch — which being read Resolved to concur in 
said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d from the House of Representatives a Resolution* instructing the 
Military Committee to take into consideration that part of His Excel- 
lency's Speech relating to an act of Congress concerning field officers — 
which being read Resolved to concur in the passing of said Resolution. 

Mr. Keyes was appointed on the Committee on the Petition of Curtiss 
Holgate. 

Rec d from the Gen 1 - Assembly the following engrossed Bills sent up 
for concurrence & revision or proposals of amendment, Viz. — "An act 
for the relief of David Stickney; An act for the relief of Ebenezer 
Stark, Benjamin Bell & James Tucker;" which were severally read — 
whereupon Resolved to concur with the General Assembly in passing 
said bills into laws. 

Adjourned to 9 O'C. A. M. tomorrow. 



Saturday October 26, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d a bill for the relief of Edward S. Meader, with an order of the 
House thereon referring it to the joint Committee of Insolvency, which 
being read Resolved to concur in said reference. 

Rec d the bill appointing a committee to lay out a road from Middle- 
bury to Canada line, with an order of the House referring it to the Com- 
mittee on the petition of Inhabitants of Addison & Chittenden Coun- 
ties, which being read Resolved to concur in said reference. 

Rec d the bill for paying Zacheus Chickering the sum therein men- 
tioned with an order to refer it to the committee on the petition of Caleb 
Fitch — which being read Resolved to concur in said reference. 

Rec d a bill for the relief of Calvin Fairbanks [jr.] with an order to re- 
fer it to the Military Committee, which being read Resolved to concur in 

Rec d from the General Assembly the following engrossed bills sent up 
for revision & Concurrence or proposals of amendment, Viz. "An act 
directing the Treasurer to pay Frye Bayley the sum therein mentioned; 

11 



162 Governor and Council — October 1816. 

An act empowering the Judge of Probate for the District of Chittenden 
to licence Polly Smith & Jonas Humphrey to deed lands &c. ; An act 
directing the Treasurer to pay Seth Cushman the sum therein men- 
tioned; An act to repeal an act therein mentioned; An act laying a tax 
of 3 cents pr. acre on the town of Irasburgh; An act laying a tax of 4 
cents per acre on the town of Groton; An act directing the Treasurer 
to credit Jonathan Hoyt Jr. l 8t Constable of New Haven the sum therein 
mentioned; An act reviving an act laying a tax of 3 cents pr. acre on the 
town of Peru; An act to authorize the Town Clerk of Peru to trans- 
cribe certain records; An act for the benefit of the overseers of the poor 
of the town of Richmond; An act freeing the body of John Page from 
arrest or imprisonment for the term of seven years;" which said bills 
were severally read & Resolved to concur with the house in passing the 
same into Laws. 
Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d from the House the petitions of Joseph M. Ormsbee — of Livy 
Lawton, with orders on each referring them to the joint Committee of 
Insolvency, which being read Resolved to concur in said reference. 

The Governor & Council met the House in joint Committee. 

His Excellency the Governor sent the following communication to the 
General Assembly: 

To the Hon 1 - William A. Griswold Speaker of the General Assembly: 
Sir, I hereby communicate for the information of the General Assembly, 
that the Hon 1 - Asa Aldis Esqr; who was elected Judge of the Supreme 
Court the present Session, has declined the acceptance of that office. 

Also, that Brigadier General Dunton, of the first Brigade & third 
division of the militia of this State, has resigned that office. 

Also that the Reverend John Fitch, who has been elected one of the 
trustees of the University of Vermont, has declined the acceptance of 
that office. 

Also that the Hon 1 - Heman Allen of Colchester has resigned his office 
of trustee of said University. 

Also that five vacancies will occur, on the l 8t day of December next, 
in the board of trust of said University, by the expiration of the time 
for which the same number of trustees were elected. The General As- 
sembly will please to adopt proper measures relating to the several fore- 
going subjects. 

I am your obedient servant, Jonas Galusha. 

Adjourned to 9 O'C. A. M. on Monday next. 



Monday October 28 th - 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adj*- 

Rec d a bill entitled an act to repeal an act therein mentioned, with an 
order of the House to refer the same to the joint Turnpike Committee, 
which being read Resolved to concur in said reference. 

Rec d the bill to free the body of Obadiah Eaton from imprisonment, & 
the petition of Timothy Hinman, with orders of the house on each to 
refer them to the joint Committee of Insolvency — which being read Re- 
solved to concur in said reference. 

Rec d a resolution instructing the judiciary committee to enquire into 
the expediency of repealing the act to prevent the fraudulent specula- 
tion of choses in action, which was read & Resolved to concur in passing 
the same. 



Governor and Council — October 1816. 163 

The petition of Talitha Burnham was returned to Council with an 
order of the House to recommit the same to the Committee to whom it 
had been referred — which being read Resolved to concur in said order 
of recommitment. 

Rec d the following engrossed bills sent up from the House for revision 
& Concurrence or proposals of amendment — ; 'An act laying a tax on the 
County of Windsor; An act freeing the body of John Page from arrest 
& imprisonment for the term of 7 years; An act laying a tax of 3 cents 
pr. acre on the town of Barton; An act to establish a deed therein 
mentioned; An act in addition to & in alteration of an act constituting a 
Company of Artillery in the town of Barnard;" which were read & Re- 
solved to concur in passing the same into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met. 

Rec d from the House a resolution appointing a time for both Houses 
to meet in joint Committee to elect the several officers to fill the vacan- 
cies mentioned in His Excellency's communication of the 26 th Instant 
October — which was Read & Resolved to concur in passing said resolu- 
tion with a proposal of amendment. Mr. Doolittle appointed to assign 
the reasons. 

The Governor & Council were informed by written message from the 
Gen 1 - Assembly that they had concurred in said proposal of amendment. 

Rec d a bill annexing the town of Philadelphia to Chittenden, with an 
order of the House to refer it to the joint Committee on the petition of 
Inhabitants of Addison & Chittenden Counties — which being read Re- 
solved to concur in said reference. 

The account of George Worthington was received with an order of the 
House referrring it to the joint Committee of Claims. Concurred. 

Rec d the following engrossed bills sent up for revision & concurrence 
&c. Viz. — "An act annexing a part of Avery's Gore & a part of Athens to 
Grafton, & An act laying a tax on the County of Chittenden;" which were 
read & concurred. 

On motion & leave Mr. Keyes introduced the bill entitled " An act 
exempting the lands belonging to this State from taxes;" which was read 
& Referred to a committee of Council to join from the House. Mr. 
Keyes of Council appointed. 

Adjourned to 9 O'C. A. M. tomorrow. 



Tuesday October 29, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the report of the Quartermaster General with an order of the 
House to refer it to the joint Military Committee — which being read 
Resolved to concur in s d Reference. 

The petition of Peter & Betsey Wilcox was rec d from the House with 
an order thereon recommitting it to the same committee raised on said 
Petition, which was read & thereupon Resolved to concur in said recom- 
mitment. 

The petition of Increase Graves was rec d from the House with an or- 
der to refer it to the joint Committee on the petition of Caleb Fitch, 
which being read thereupon it was Resolved to concur in said reference. 

Rec d an engrossed bill sent up for revision & concurrence &c. entitled 
" an act laying a tax of 4 cents pr. acre on the town of Cabot;" which be- 
ing read, thereupon it was Resolved to concur in passing the same into 
a Law. 



164 Governor and Council — October 1816. 

Rec d the engrossed bill entitled "an act for the relief of Isaac Hin- 
man," sent up for concurrence & revision &c. which was read & passed 
to become a law with proposals of amendment. Mr. Butler appointed 
to assign the reasons for amendment to the House. 

Governor & Council met the General Assembly in joint Committee to 
complete the County appointments, & after progress the joint commit- 
tee adjourned to Friday next at 3 O'C. P. M. Governor & Council re- 
turned to their Chamber & adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d the engrossed bill from the House entitled "an act in addition 
to an act relating to the Waltham Turnpike Company," sent up for 
revision & concurrence &c. which was read & concurred with a pro- 
posal of amendment, & Mr. Hammond was appointed to assign the 
reasons for the same to the House. 

Rec d a message in writing from the House that they had concurred in 
the proposal of amendment made by Council to the engrossed bill for 
the relief of Isaac Hinman. 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the expediency of repealing the l 8t Section of an act defining the powers 
of Justices of the peace, which gives them the power of inflicting corpo- 
ral punishment — which being read Resolved to concur in said resolution. 

The resolution appointing a time for both houses to meet to elect 
electors of President & Vice president of the United States, which had 
been concurred in by the Governor & Council, was called up & the vote 
of concurrence rescinded & [the resolution] amended & then passed & 
sent to the Gen 1 Assembly. 

The petit'ions of George W. Taft & Benjamin Sargeant were Received 
from the house with an order on each referring them to the joint Com- 
mittee of Insolvency, which being read thereupon it was Resolved to 
concur in said references. 

Rec d from the House a resolution directing the Military Committee 
to enquire into the expediency of establishing for the militia of this 
State the same system of tactics & discipline as is adopted by the Secre- 
tary of War of the United States — which being read, thereupon it was 
Resolved to concur in said resolution. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. Viz. — "An act laying a tax on the County of Orange ; 
An act altering the name of Duncansboro' to Newport ; " An act dis- 
charging the person of Job Strong from arrest or imprisonment for the 
term of two years ; An act directing the Treasurer to pay Shiverick 
Holmes the sum therein mentioned ; " & " An act to revive an act 
passed Nov. 14, 1815, laying a tax on the town of Montgomery ;" which 
were severally read & thereupon it was Resolved to concur in passing 
the same into Laws. 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday October 30, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

His Excellency ordered the following communication to be sent to 
the House — 

To the Hon 1 William A. Griswold Esq r Speaker of House of Repre- 
sentatives — Sir, — I hereby communicate to you for the information of 
the General Assembly that there is a vacancy in the office of Brigadier 
General of 2 d Brigade & 4 th division of the militia of this State occasioned 



Governor and Council — October 1816. 165 

by the resignation of Brigadier General John French. The General 
Assembly are requested to take proper measures to fill said vacancy. I 
am &c. " Jonas Galusha. 

Kec d an engrossed bill sent up from the House for revision & concur- 
rence or proposals of amendment, entitled " an act constituting a com- 
pany of Cavalry in the towns of Cavendish, Chester & Ludlow ; " which 
was read & passed to become a law with certain proposals of amendment 
& Mr Cahoon was appointed to assign the reasons to the House. 

Rec d a resolution of the house appointing 11 O'C. A. M. this day for 
both houses to meet to elect a Brigadier Gen 1 for 2 d Brigade & 4 th Di- 
vision of Militia. — Concurred. 

Rec d from the House a bill explanatory of an act entitled an act for 
the probate of Wills & the settlement of testate & intestate estates with 
an order thereon referring it to the joint Judiciary Com ee » which being 
read Resolved to concur in said reference. 

Governor & Council pursuant to resolution met the House in Repre- 
sentatives' room to elect Brigadier General & Judge of Supreme [Court] 
&c. & after progress the Joint Committee adjourned to 2 O'C. P. M. on 
Friday next. The Governor & Council returned to their Chamber & 
adjourned to 2 O'C. P. M. 1 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d a resolution of the House instructing the judiciary Committee to 
enquire into the expediency of repealing or altering the laws respecting 
the Support of Schools — which being read Resolved to concur in the 
passing of said Resolution. 

Adjourned to 9 O'C. A. M. tomorrow. 



Thursday October 31, 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d a resolution of the House instructing the judiciary committee to 
enquire into the expediency of Supreme court Sitting in Orleans County 
— also Resolution instructing the judiciary committee to enquire into the 
expediency of defining what shall be exempt from attachment &c. — 
which were read & Resolved to concur in said resolutions. 

Rec d from the House the bill entitled an act in addition to & in alter- 
ation of an act incorporating the West River Turnpike Compan} T , with 
an order of the House to refer it to the joint Turnpike Committee — 
which being read Resolved to concur in said reference. 

Mr Keyes reported a bill entitled an act exempting lands belonging 
to this State from taxation, which was read, passed & ordered to be en- 
grossed & sent to the General assembly for concurrence. 

Rec d the following engrossed bills sent up for revision & concurrence 
or proposals of amendment, Viz. — "An act granting relief to John Har- 
ris & Timothy Harris; An act appointing a committee to lay out a 
public road from Court House in Guildhall, County of Essex, to Canada 
line; An act freeing the body of Clark Haven from arrest & imprison- 

1 The following elections were made : Hastings Warren, Frederick 
Smith jr. Brigadier Generals ; Richard Skinner Chief Judge of the Su- 
preme Court, James Fisk first and William A. Palmer second side judge 
of the Supreme Court ; John Johnson Surveyor General ; James Q. 
M c Farland Quartermaster General ; elder Phineas Peck to preach the 
then next election sermon, and elder Clark Kendrick substitute. 



166 Governor and Council — November 1816. 

ment for five years; An act providing for altering a part of Stage Road 
through Salisbury in the County of Addison ; An act freeing Obadiah 
Eaton from Arrest & imprisonment on civil process &c. ;■ An act con- 
firming the name of George Nelson; An act constituting a company of 
Riflemen in the town of Chelsea;" which were severally read & Resolved 
to concur in passing the same into Laws. 
Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d a bill in "addition to the act for the relief of Idiots," with an or- 
der to refer it to the joint Judiciary Committee. Concurred. 

Mr Swift of the House came into Council Chamber & returned the 
bill entitled "an act exempting lands belonging to this State & the State 
Bank [from taxes"] with a proposal of amendment to the title of said 
bill, which being read Resolved to concur in said proposal of amend- 
ment. 

Rec d the following engrossed bills, sent up from the house for con- 
currence & revision or proposals of amendment, Viz. — " An act in ad- 
dition to an act incorporating certain persons &c. by the name of the 
River Lamoille Bridge Company; An act for the relief of John Mer- 
riam; An act restoring James Lewis to his legal privileges; An act for 
the relief of Jabez Rogers Jr.; An act defining what shall be deemed 
Legal evidence in certain cases; An act for the relief of Calvin Fair- 
banks Jr." which bills were severally Read & Resolved to concur with 
the House in passing the same into Laws. 

Adjourned to 9 O'C. A. M. tomorrow. 



Friday Nov. 1* 1816. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petition of L. Hibbard & J. D. Throop was rec d with an order 
of the House thereon referring it to the joint Military Committee, which 
being read Resolved to concur in said reference. 

Rec d the bills for the relief of Benjamin Sargeant— of Philip Haynes 
— of Julius Wilcox, with an order of the House on each referring the 
same to the joint Committee of insolvency, which being read Resolved 
to concur in said reference. 

Rec d the bill directing the Treasurer to pay the sums therein men- 
tioned — & the bill to pay George Kimball the sum therein mentioned, 
with orders of the house on each to refer them to the joint Committee 
on the petition of Caleb Fitch. Concurred. 

Rec d from the House the following engrossed bills sent up for revi- 
sion & concurrence or proposals of amendment, Viz. — "An act laying [a 
tax of] three cents per acre on Kelly Vale, [Lowell;] An act laying 4 
cents per acre on Holland; An act granting a tax of three cents per 
acre on Westfield; An act laying a tax of 2 cents per acre on Philadel- 
phia; An act laying a tax of 3 cents per acre on Walden; An act laying 
a tax of 4 cents pr. acre on Salem;" which were read & concurred with 
certain proposals of amendment. Mr Keyes appointed to assign the 
reasons of amendment to the House. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

His Excellency ordered the following communication to be sent to the 
General Assembly: 

| To the Hon 1 - William A. Griswold Speaker of House of Repres V8 » Sir, 
— I hereby communicate for the information of the General Assembly 



Governor and Council — November 1816. 167 

that a vacancy has occurred in the office of Brigadier Gen 1 - l 8t Brigade & 
4 th Division, & also in the 3 d Brigade in the same division of the mili- 
tia of this State. The General Assembly will please to take proper 
measures to fill said vacancies. I am &c. Jonas Galusha. 

Rec d the bill to repeal a certain act therein mentioned with au order o 
the house thereon referring it to the joint Turnpike Committee — which 
being read Resolved to concur in said reference. 

Rec d the bill entitled an act directing the Treasurer to pay Ralph 
Page the sum therein mentioned [with an order of the House referring 
the same to the Committee on Claims,] which being read Resolved to 
concur in said reference. 

The engrossed bill entitled "an act to provide for the State printing," 
was rec d sent up from the House for revision & Concurrence, Which be- 
ing read it was Resolved not to concur in passing the same for the fol- 
lowing reasons, which were sent to the house in writing with the bill, 
Viz. 

1. The mode heretofore pursued for the Legislature itself to make 
the contracts for State printing is believed to be a good one, far prefera- 
ble to the mode contemplated in the bill. 

2. It is deemed inexpedient for the Legislature to vest any indi- 
vidual with the sole power of controlling absolutely the important 
concern of providing for the State printing for the time & manner con- 
templated in the bill. 

3. The numerous & pressing applications which are from time to time 
made to the Legislature by persons for obtaining contracts for doing the 
State printing furnish strong reasons why the Legislature should not 
divest itself of that power & vest the same in a single individual, altho' 
that individual possesses the confidence of the Legislature. 

4. The bill provides that the person authorized to procure the State 
printing to be done may draw orders on the Treasury to an unlimited 
amount, not subject to examination or allowance of the auditor of ac- 
counts; it is believed that contracts so intimately affecting the fiscal con- 
cerns of the State & appropriations for making those contracts ought to 
be made by the Legislature. 

Rec d the following engrossed bills sent up for revision & Concurrence 
&c. Viz. — "An act laying a tax of 4 Cents per acre on the township 
of Morgan; An act directing the Treasurer to pay George Worth- 
ington the sum therein mentioned; An act making appropriations for 
the Support of Government the present year," which were read & Re- 
solved to concur in passing the same into laws. 

Rec d the bill laying a tax &c. on the town of Minehead [Bloomfield,] 
with an order referring it to the 2 d land tax committee — read & concurred. 

Adj d to 8 O'C. A. M. tomorrow. 



Saturday Novem r - 2 d . 1816. 8 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr Doolittle was appointed on the Judiciary Committee in the room 
of Mr Smith who was excused. 

Rec d the engrossed bill entitled "an act assessing a tax for the sup- 
port of Government the present year, " which was sent up for revision 
& Concurrence &c. — which was read & Resolved to concur in passing 
the same with certain proposals of amendment. Gov. Brigham ap- 
pointed to assign the reasons for the proposal of amendment. 

Rec d the engrossed bill entitled " an act incorporating the Borough of 
Middlebury," which was sent up from the House for revision & Concur- 



168 Governor and Council — November 1816. 

rence &c. which being read was passed to become a law, with proposals 
of amendment. — Governor Brigham was appointed to assign the reasons. 

Rec d a resolution directing the Judiciary Committee to prepare a bill 
to prevent bank bills under one dollar passing — which being read Re- 
solved to concur in passing said resolution. 

Bec d from the House the following engrossed bills sent up for revision 
& Concurrence & proposals of amendment. Viz. "An act to pay James 
Hutchinson the sum therein mentioned ; An act laying a tax on the 
County of Essex ; An act for the relief of Joseph Fessenden ; An act 
authorizing the Treasurer to lease to Levi Hall a tract of land in Fair- 
field ; An act directing the Treasurer to pay Abel Page the sum therein 
mentioned ; An act for the relief of Joseph M. Ormsbee ; An act freeing 
the body of Samuel Briant from arrest & imprisonment ; An act in ad- 
dition to an act entitled an act reducing into one the several acts for 
laying out, making & repairing &c. highways ; An act for the relief of 
Edward S. Meeder ; n which were severally read & it was Resolved to 
concur in passing the same into Laws. 

Rec d a resolution of the House appointing Monday the 4 th day of No- 
vember instant 10 O'C. A. M. a time for both houses to meet in joint 
committee to elect Brigadier General for l 8t Brigade & 4 th Division, & 
also a Brigadier General for 3 d Brigade of the same Division of the 
militia of this State ; " which being read Resolved to concur with the 
house in passing said Resolution. 

Adjourned to Q O'C. P. M. 

2 O'C. P. M.— Governor & Council met. 

Rec d a bill directing the Treasurer to pay Joshua Bostwick the sum 
therein mentioned, with an order to refer it to the joint Committee of 
Claims. — Conc d - 

Governor & Council proceeded to the choice of Surveyor of public 
buildings — whereupon the ballots were taken, sorted & counted & it ap- 
peared that Joshua Y. Vail had a majority of votes & was declared duly 
elected. 

Rec d the engrossed bill entitled " an act laying a tax of 3 cents pr acre 
on the township of Worcester," sent up for revision & concurrence or 
proposals of amendment, which being read Resolved to concur in pass- 
ing the same into a law with the following proposal of amendment — in 
the 3 d line erase "three" & insert " two"— also in 9th erase "Seth Putnam 
of Middlesex" & insert "Thomas Chittenden of Jericho." Mr. Chitten- 
den was appointed to assign the reasons. 

Rec d from the House the engrossed bill entitled " an act relating to 
the State printing," sent up for revision & concurrence &c— which be- 
ing read Resolved to concur in passing the same with proposals of 
amendment & Mr. Doolittle was appointed to assign the reasons. 

Rec d from the House the following engrossed bills sent up for revision 
& Concurrence &c. — Viz. "An act granting to Nathan Niles the exclu- 
sive right of keeping a Ferry; An act granting to Joseph Mott the ex- 
clusive right of keeping a Ferry;" which were read & Resolved to concur 
in passing the same into Laws. 

Adj d to 8 O'C. A. M. Monday next. 



Monday November 4, 1816. 8 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the engrossed bill entitled "an act directing process against the 
Connecticut River Turnpike Company," sent up for revision & con- 
currence or proposals of amendment — which being read Resolved not 



Governor and Council — November 1816. 169 

to concur in passing the same for the following reasons, which were re- 
turned with the bill in writing to the General Assembly: 

1. If the charter contains no express or implied condition or clause 
of defeasance, the present bill does not create any. 

2. If the charter does contain any implied or express condition or 
clause of defeasance, the Supreme Court have cognizance of the same as 
incident to their powers; & if any forfeiture is alleged to have occurred, 
said Court have a right to try the question &, as the case may be, decree 
a forfeiture & vacate said charter, without the aid of a special act. 

3 d If, as is suggested, the State's Attorney for Windsor County is 
from interest or other causes disqualifyed to become prosecutor, the act 
of 23 d of October 1797, reciting the mode of taking forfeitures of grants 
& charters, has provided for such case by giving the right to any other 
person to become prosecutor on complying with the requisitions of that 
act. 

4. The whole case contemplated in the bill is amply provided for by 
the general act of 23 d of October 1797. 

Rec d the engrossed bill entitled " an act directing the Treasurer to pay 
James Andrews the sum therein mentioned," sent up for revision &c. — 
which was read & passed into a Law. 

Gov. & Council met the House in joint Committee to complete county 
appointments & after progress the Committee adjourned to 9 O'C. A. M. 
tomorrow. 

The Governor & Council with the House [went] into Joint Committee 
to elect Brigadier Generals, which being elected the Gov. & Council re- 
turned to their Chamber. ' 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met. 

Rec d the bill freeing the body of Jacob F. Dodge from arrest and im- 
prisonment for the term of two years, with an order of the house thereon 
referring it to the joint Committee of Insolvency. Concurred. 

Rec d the bill for the relief of Canaan with an order to refer it to the 
Committee of Claims— which being read Resolved to concur in said 
reference. 

The petition of William Allen, a convict of State's prison, was read, 
praying for pardon, & on the question Shall the prayer be granted ? the 
Yeas & Nays were called for & taken as follows : Yeas, Gov. Brigham, 
Messrs. Keyes, Butler, Wright, Smith, Bliss, Cahoon, Stanley, Chitten- 
den, Doolittle, Peaslee, Crawford & Hammond. Nays none. So the 
prayer was granted. 

Rec d the bill for the relief of Talitha Burnham with an order to refer 
it to the joint Committee raised on her petition — which was read & 
Resolved to concur in said reference. 

Rec d the bill concerning field officers of Militia with an order of the 
House referring it to the joint Military Committee. — Concurred. 

Rec d the following engrossed bills sent up for revision & Concurrence 
or proposals of amendment, Viz. — "An act in addition to an act incor- 
porating certain persons therein mentioned by the name of the White 
River Turnpike Company ; An act for the relief of Timothy Hinman ; 
An act restoring John Mosher to his legal privileges ; An act restoring 
Mark Record to his legal priv-ileges ; An act appointing a committee to 
lay out a road from Middlebury northward &c. ; An act repealing a part 
of an act therein mentioned ; An act suspending civil process against 
James Sawyer ; An act freeing the body of Philip Haynes from arrest 

1 Lovell Hibbard and Richard W. Fenton were elected. 



170 Governor and Council — November 1816. 

& imprisonment & his property from attachment ; An act laying a tax 
of three cents per acre on Minehead [Bloomfield ;] An act for the relief 
of Jabez Luther : An act for the relief of Julius Wilcox ; An act for the 
relief of Benjamin Sargeant ; An act restoring John G. Woodward to 
his legal privileges ; An act appropriating the rents of the Glebe Lands 
in Pawlett for the purposes therein mentioned ; An act authorizing the 
select men of Swanton, Fairfield & St. Albans to establish a Jurisdic- 
tional line between said towns ; An act laying a tax of three cents pr. 
acre on Northfield ;" which were severally read & it was Resolved to 
concur in passing the same into laws. 
[Adjourned until tomorrow morning.] 



Tuesday Nov. 5, 1816. 9 O'C. A. M. 

Governor & Council met &c. 

Rec d a message in writing that the General Assembly had concurred 
in the proposals of amendment made by the Governor & Council to the 
following bills — Viz. — " An act for the support of Government; An act 
laying a tax of two cents pr. acre on the town of Philadelphia; An act 
laying a tax of three cents pr. acre on the town of Walden; An act lay- 
ing a tax of three cents pr. acre on Kelly Vale [Lowell;] An act grant- 
ing a tax of three cents pr. acre on the town of Westfield; An act laying 
a tax of four cents pr. acre on the town of Salem; An act providing for 
the State printing; An act laying a tax of three cents pr. acre on the 
township of Worcester; An act constituting a company of Cavalry in 
the towns of Cavendish, Ludlow & Chester." 

Rec d the engrossed bill entitled M an act directing the Treasurer to 
pay Alex r - Hutchinson the sum therein mentioned," sent up for revision 
& Concurrence, which being read Resolved to concur with the House in 
passing the same into a Law. 

Rec d the engrossed bill sent up for revision & concurrence &c. enti- 
tled " an act discharging the person ot Joseph Carter Jr. from arrest & 
imprisonment;" which being read, thereupon resolved not to concur in 
passing the same into a Law, for the following reasons — Viz. 

1. No bill of this kind ought to pass unless it shall fully appear that 
the past conduct of the individual has been such as is justifyed by the 
rules of morality & prudence. Should the Legislature deviate from this 
Rule, imprudence & prodigality would receive encouragement. 

2 d - That the individual whose benefit is intended is not shewn to be 
a proper subject for the relief contemplated in the bill; which reasons 
were sent to the General Assembly in writing. 

The engrossed bill entitled an act in amendment of " an act for regu- 
lating & governing the militia of this State," was sent up from the house 
for revision & concurrence &c. — which being read Resolved not to con- 
cur with the house in passing the same, for the following reasons — 
Viz.— 

]. The act now in force furnishes the militia officers with ample pow- 
ers to correct the evils, if any exist, intended to be remedied by the bill. 

2 d « The defect, if any exist, is not in the laws now in force but in the 
officers entrusted with the execution of that Law; if the officer entrusted 
with the execution of a law become remiss & suffers that law to be vio- 
lated, the remedy in such case is not to be found in the enacting of a 
new law but in the disposition & faithfulness of the officer to do his duty. 

3 d * The law now in force is sufficient, if executed according to the 
spirit of it. 



Governor and Council — November 1816. 171 

4. The passing of the present bill would likely & almost inevitably 
create collisions between the civil & military officers of dangerous ten- 
dency. 

5. Should the present bill pass into a Law it would be difficult if not 
impossible to carry it into effect. 

6. It is more properly the business of the military than the civil au- 
thority to correct the evil, if any exist, contemplated in the bill. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the following engrossed bills sent up for revision & concurrence 
or proposals of amendment, Viz. " An act to prohibit the circulation of 
bills under one dollar; An act laying a tax on the County of Orleans; 
An act for the relief of Peru Turnpike Company; An act granting a 
ferry to Curtiss Holgate; An act in alteration ot an act incorporating 
certain Turnpike Companies in the western Counties in this State; An 
act in addition to an act entitled an act regulating fees; An act repeal- 
ing a certain Section & clause of a Section of an act entitled an act in 
addition to the several acts for governing & regulating the militia &c; 
An act directing the Treasurer to pay the sums therein mentioned; An 
act directing the Treasurer to pay the sum therein mentioned; An act di- 
recting the Treasurer to pay Harry Hale the sum therein mentioned; An 
act directing the Treasurer to pay Joseph Bostwick the sum therein men- 
tioned; An act annexing part of Salem & Coventry to Newport; An act in 
addition to an act regulating Town meetings &c. ; An act to repeal a part 
of the first Section of an act therein named; An act for the relief of Tal- 
itha Burnham; An act concerning field officers of the militia; An act in 
addition to an act regulating fees; An act providing for the sitting of the 
Supreme Court in Orleans County & for other purposes; An act ap- 
pointing a Collector of a land tax on the town of Coventry ; An act in 
alteration & amendment of an act entitled an act making further pro- 
visions in the Judiciary department ; An act regulating & directing the 
measure of charcoal, lime & ashes," which were severally read & it was 
Resolved to concur in passing the same into Laws. 

Adjourned to 7 O'clock A. M. tomorrow. 



Wednesday November 6, 1816. 7 O'C A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the engrossed bill entitled "an act altering the time of the 
Session of the County Courts in the Counties therein mentioned," 
which was sent up for revision & Concurrence or proposal of amendment 
— which being read Resolved to concur in passing the same with the fol- 
lowing proposals of amendment — viz.— in 11 th line of 1 Sec. erase the 
word "first" & insert "second;" in the 14 th line of same section erase "sec- 
ond" & insert "first" Mr. Cahoon appointed to assign the reasons. 

Rec d the following engrossed bills sent up from the General Assembly 
for revision & Concurrence or proposals of amendment — viz. — "An act 
to allow the Treasurer the sum therein mentioned ; " which [was] read 
& concurred. "An act in addition to an act defining the powers of 
Justices of the peace within this State," which was read & amended & 
passed to become a law. Mr Cahoon appointed to assign the reasons to 
the House. 

Rec d the engrossed bill entitled " an act in addition to an act for the 
probate of Wills & the settlement of testate & intestate estates" &c. 
which was sent up from the House for revision & concurrence &c. 



172 



Governor and Council — November 1816. 



which being read it was thereupon Resolved to concur in passing the 
same into a Law. 

Sent down a resolution of Council to the House to lay over [to the 
next session] the bill entitled " an act providing for the Government 
of the State's Prison," &c. which was nonconcurred by the house & 
returned. The bill engrossed, which had been sent up for revision & 
concurrence &c. was now taken up, entitled " an act providing for the 
Government & management of the State' Prison & for repealing" &c, 
& read & Resolved to concur in passing the same with proposals of 
amendment, & Mr Cahoon was appointed to assign the reasons to the 
House. 

Rec d a Resolution from the House appointing 7 O'clock this day for 
both houses to meet and adjourn the Legislature without day ; which 
being read the same was concurred with a proposed amendment by 
erasing u 7 O'C. A. if." & inserting " 1 O'C. P.M." 

Rec d notice from the House that they had concurred in the aforesaid 
proposal of amendment. 

The following debenture of the Lt. Governor & Council was made up 
& ordered to be entered on the Journal : 



Names. 


Miles 


Amt. 


No. 


Amt of 


Amt of 


Travel. 


Travel. 


Days 

28 


Atten'ce. 


Deb. 


Gov. Brigham 


44 


5 


28 


112 


00 


117 


28 


Councillors 


















E. Keyes 


42 


5 


04 


28 


42 


— 


47 


04 


J. Wright 


130 


15 


60 


28 


42 


— 


57 


60 


E. Butler 


11 


1 


32 


28 


42 


— 


43 


32 


P. Smith 


74 


8 


88 


24 


42 


— 


44 


88 


F. Bliss 


55 


6 


60 


28 


42 


— 


48 


60 


W. Cahoon 


44 


5 


28 


28 


42 


— 


47 


28 


T. Stanley 


32 


3 


84 


28 


42 


— 


45 


84 


T. Chittenden 


30 


3 


60 


28 


42 


— 


45 


60 


J. Doolittle 


60 


7 


20 


28 


42 


— 


49 


20 


D. Peaslee 


15 


1 


80 


28 


42 


— 


43 


80 


T. Crawford 


103 


12 


36 


28 


42 


— 


54 


36 


T. Hammond 


72 


8 


64 


22 


33 


— 


41 


64 


J. Tarbox 


22 


2 


64 


2 


3 


— 


5 


64 


W. Hunter 


64 


7 


68 


2 


3 


— 


10 


68 


M. Richards 


95 


11 


40 


2 


3 


— 


14 


40 


Sheriff C. Keith 


7 




84 


28 


42 


— 


42 


84 


Secretary R. C. Mallary 


70 


8 
116 


40 
40 


28 


70 


— 


78 

838 


40 

40 


Amount 


970 


722 





Rec d a resolution appointing 12 O'C. this day for both houses to meet 
to elect Superintendent of State's Prison & Directors of State Bank — 
whi^h being read Resolved to concur in said resolution. 

ReC a message in writing that the General Assembly had concurred 
in the several proposals of amendment made by Council to the following 
bills & resolutions— Viz. — "An act relating to the Waltham Turnpike 
Road; An act providing for the government & management of State's 
Prison; An act pltering the Session of the County Courts &c; An act 
defining the powers of Justices of the peace; An act for the relief of 
Timothy Hinman; An act incorporating the Borough of Middlebury; 
An act laying a tax of A cents pr. acre on Sutton." 



Governor and Council — November 1816. 173 

The Governor & Council proceeded to the Representatives' Room & 
met the House in joint Committee to elect Superintendent of State's 
Prison & Directors of State Bank agreeably to resolution of both Houses; 
which being completed the Governor & Council returned to their 
Chamber. 

The time having arrived for both houses to meet to adjourn the Legis- 
lature, the Governor & Council met the General Assembly in the Rep- 
resentatives' room & after an address to the Throne of Grace by the Rev- 
erend Chaplain of the House, the Legislature adjourned without day. 

I hereby certify that the foregoing from page 299 to page 386 inclusive 
[of manuscript Journals, Vol. 7,] is a true journal of the proceedings of 
the Governor & Council of the State of Vermont at their October Ses- 
sion 1816. Attest R. C. Mallary, Secretary. 



FORTY-FIRST COUNCIL 

OCTOBER 1817 TO OCTOBER 1818. 



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



Elias Keyes, Stockbridge, 
Ezra Butler, Waterbury, 
Frederick Bliss, Georgia, 
Pliny Smith, Orwell, 
William Cahoon, Lyndon, 
Joel Doolittle, Middlebury, 



Truman Chittenden, Williston, 
Timothy Stanley, Greensboro', 
Daniel Peaslee, Washington, 
Thomas Hammond, Pittsford, 
Theophilus Crawford, Putney. 
David Fay, Bennington. 



Kollin C. Mallary, Castleton, Secretary. 
Chapin Keith, Barre, Sheriff. 



BIOGRAPHICAL NOTICE. 

David Fay, the youngest son of Stephen Fay, and brother of 
Jonas Fay, was born in Hardwick, Mass., Dec. 13 1761, and came to 
Bennington with his father in 1766. Though less than sixteen years of 
age, he was in the battle of Bennington as one of Capt. Samuel Robin- 
son's company. He was admitted to the bar in 1794 ; Member of the 
Council of Censors in 1799 ; State's Attorney four years previous to 
1801 ; U. S. Attorney for the District of Vermont 1801 to 1809 ; Judge 
of the Supreme Court 1809 until 1813 ; Judge of Probate 1819-20, and 
Councillor 1817 until 1821. He died June 5 1827, leaving no descendants. 
Vt. Hist. Magazine, Vol. I, title Bennington ; and Vt. Legislative Di- 
rectory, 1876-7. 

* Resigned Nov. 6, 1817. 



Governor and Council — October 1817. 175 

RECORD OP THE GOVERNOR AND COUNCIL 

AT THE 
SESSION WITH THE GENERAL ASSEMBLY AT MONTPELIER, 

October, 1817. 



State of Vermont ss. — Journal of the proceedings of the Gover- 
nor & Council of the State of Vermont begun & held at Montpelier in 
said State on the second thursday of October (being the 9th day of said 
month,) in the year, one thousand, eight hundred & Seventeen. Pres- 
ent — His Excellency Jonas Galusha, Governor; His Honor Paul Brig- 
ham, Lt. Governor; The Honorable Pliny Smith, William Cahoon, 
Thomas Hammond, Frederick Bliss, Timothy Stanley, Theophilus Craw- 
ford, Daniel Peaslee, Truman Chittenden, Members of the Council; 
Rollin C. Mallary Secretary; Chapin Keith Esqr Sheriff of Washington 
County. 

Mr. Olin of the General Assembly came into Council Chamber & 
informed the Governor & Council that the General Assembly had con- 
vened & were ready to proceed to business, & he withdrew. 

Ordered that the Secretary inform the General assembly that a quo- 
rum was formed in Council & that they were ready to proceed to busi- 
ness. 

On motion of Gov. Brigham a committee of three members of Coun- 
cil were appointed to join such committee as the General Assembly 
might appoint to receive, sort & count the votes for Governor, Lt. Gov- 
ernor, Treasurer & Councillors for the year ensuing. Messrs. Smith, 
Cahoon & Chittenden were appointed & sworn. 

Mr Buck of the House of Representatives came into Council Cham- 
ber & informed the Governor & Council that the General assembly had 
appointed on their part a Canvassing Committee to join such Commit- 
tee as the Governor & Council might appoint. 

Ordered that the Secretary inform the General Assembly that they on 
their part had appointed a Committee to join the Canvassing Commit- 
tee appointed on the part of the House. 

Adjourned to 4 O'C. P. M. 1 

4 O'C. P. M. — The Governor & Council met pursuant to adj** 

The Hon 1 - Elias Keyes & Ezra Butler appeared in Council Chamber 
& took their seats as Councillors. 

Mr Luce of the General Assembly came into Council Chamber &gave 
notice that the house had convened & were ready to meet the Governor 
& Council to hear the report of the Canvassing Committee. Thereupon 
the Governor & Council proceeded to the Representatives' room & there 
met the General assembly, when the following report of the Canvassing 
Committee was read: 

To the Honorable the General Assembly now sitting — The committee 
appointed to receive, sort & count the votes for Governor, Lt. Governor, 
Treasurer & Councillors for the year ensuing, do report & declare that 
His Excellency Jonas Galusha is elected Governor, The Hon. Paul 

1 The election sermon was preached by Rev. Phineas Peck. 



176 Governor and Council — October 1817. 

Brigham Lieutenant Governor, & Benjamin Swan Treasurer — And that 
the Hon L David Fay, Theophilus Crawford, Pliny Smith, Thomas Ham- 
mond, Elias Keyes, Joel Doolittle, Daniel Peaslee, Truman Chittenden, 
Ezra Butler, William Cahoon, Frederick Bliss & Timothy Stanley are 
elected Councillors for the year ensuing. 

Attest Pliny Smith, Chairman. 

John H. Cotton, Clerk. 
Which being read, the Sheriff of Washington County made proclama- 
tion of said appointments & the Governor & Council returned to their 
Chamber & adjourned to 9 O'C. A. M. tomorrow. 1 



Friday October 10, 1817. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. Present — His 
Honor Paul Brigham Lt. Gov., Hon 1 - Elias Keyes, Frederick Bliss, Tru- 
man Chittenden, David Fay, Pliny Smith, Thomas Hammond, William 
Cahoon, Timothy Stanley, Daniel Peaslee, Joel Doolittle, Ezra Butler, 
& Theophilus Crawford of the Council. 

His Honor the Lt. Governor & the above named Councillors repaired 
to the Representatives' room, to whom the oaths of office & allegiance 
were administered by the Hon 1 - James Fisk assistant Judge of the Su- 
preme Court — who thereupon returned to the Council Chamber & sub- 
scribed the oaths required by the Constitution of this State. 

Mr Graves of the House of Representatives came into Council Cham- 
ber & notifyed the Governor & Council that the House had organized, 
by appointing the Hon 1 - William A. Griswold Speaker, William D. Smith 
Esq r Clerk & William Slade Jr Esqr Secretary of State. 

Rec d a resolution from the General Assembly appointing 2 O'C. P. M. 
this day a time for both houses to meet in the representatives' room to 
elect a chaplain for the present session, which being read it was Resolved 
to concur in said resolution. 

The Secretary was directed by his Excellency the Governor elect to 
inform the General Assembly that he will attend in the Representatives' 

1 The Vermont Intelligencer & Bellows Falls Advertiser of Oct. 27 1817 
gave the votes for Governor as follows: 

Counties. 
Washington 
Orleans 
Essex 
Grand Isle 
Chittenden 
Windham 
Orange 
Addison 
Rutland 
Franklin 
Windsor 
Bennington 
Caledonia 

13756 7430 

Majority for Gov. Galusha, 6326. For Lieut. Governor Paul Brigham 
had 13307, and Wm. Chamberlain 7748— majority for Brigham, 5559. 



Galusha. 


Tichenor. 


784 


455 


398 


296 


221 


100 


123 


200 


675 


566 


1327 


1622 


1679 


398 


1019 


738 


1865 


774 


823 


700 


2709 


585 


1105 


646 


1018 


337 



Governor and Council— October 1817. 177 

room at 2 O'C. P. M. of this day to receive the oaths of office &. make the 
executive communication— which the Secretary performed. 
Adjd to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met agreeably to adjournment. 

His Excellency Jonas Galusha, Governor elect, & the Lt. Gov. & Hon. 
Council proceeded to the Representatives' room, where the Governor 
took the several oaths prescribed by [the] laws & then made the follow- 
ing Speech. A 

Both houses now united in joint committee pursuant to concurrent 
resolution to elect a Chaplain for the present session — the Votes being 
sorted & counted it appeared that the Rev d Phinehas Peck was duly 
elected. 

The Governor & Council returned to their Chamber when His Excel- 
lency subscribed the oaths of office according to the Constitution. 

His Excellency the Governor was pleased to appoint Rollin C. Mal- 
lary Secretary for himself & Council for the year ensuing — who was 
thereupon duly sworn to the faithful discharge of the duty of said office. 

Adjourned to 9 O'C. A. M. tomorrow. 



Saturday October 11, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The Petitions of Henry Smith, Joseph Whitney, Daniel W. Slaid, 
Jacobus Rockfellow, John Louks, Benjamin Law, Uriah Sutton, Selah 
Hicox, Emery Marble, Russel R. Lewis, John Dean, Walter Towner, 
Levi Noble — convicts in the State prison praying for a pardon — were 
severally read & dismissed. 

The petition of Samuel I. Mott, a convict in the State prison — praying 
for a pardon— was read & on the question Shall the prayer thereof be 
granted? the yeas & nays were called for & taken as" follows, — Viz. 
Teas, Messrs. Fay, Keyes", Smith, Hammond, Doolittle, Butler, Chitten- 
den, Cahoon & Stanley ; Nays, Messrs. Crawford, Peaslee, — so the 
prayer was granted & a pardon issued accordingly. 2 

Adjourned to 9 O'C. A. M. Monday next. 



Monday October 13, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petitions of Jacob Brown & John Johnson, convicts of State's 
prison, read & dismissed. 

The petition of George Geer, a convict of State's prison praying for a 
pardon, was read &on the question Shall the prayer thereof be granted? 
the yeas & nays were taken as follows Viz. — Yeas, Gov. Brigham, Messrs. 
Fay, Crawford, Keyes, Smith, Hammond, Doolittle, Chittenden, Peas- 
lee, Bliss, Cahoon & Stanley— Nays none — so the prayer was granted & 
a pardon issued accordingly. 

Rec d a resolution appointing 4 O'C. P. M. tomorrow a time for both 
houses to meet in County Conventions to nominate County officers & 

1 For the speech see Appendix A. 

"Mott had been sentenced for a term of ten years in the State prison, 
in Jan. 1809, for manslaughter in the matter of the Black Snake, a smug- 
gling vessel.— See Vol. V, p. 476. 

12 



178 Q-overnor and Council — October 1817. 

the opening of the house Wednesday morning to meet in joint Committee 
to elect such officers — which being read Resolved to concur in passing 
said resolution. 

Rec d notice from the Gen 1 Assembly that according to the rules of 
that body the following committees were raised to join from Council — 
Viz — l 8t A committee of 4 members to be denominated the Military 
Committee — Mr Cahoon app d to join. 2 d A committee of 4 members to 
be denominated the Judiciary Committee — Mr Fay app d to join. 3 rd 
A committee of 4 members denominated the Committee of Claims — Mr 
Butler app d to join. 4 A committee of 4 members denominated the 
Turnpike Committee — Mr Keyes app d to join. 5 A committee of 4 
members denominated the Committee of insolvency — Mr Hammond ap- 
pointed to join. 6 th A committee of 4 members denominated a Com- 
mittee of Manufactures — Mr Smith appointed to join. 7. A committee 
of 4 members denominated the committee of new trials — Mr Doolittle 
appointed. 8 A committee of 4 members denominated the land tax 
Committee— Mr Chittenden appointed. 9 A committee of 4 members 
denominated a committee on Agriculture — Mr Peaslee appointed. 

Rec d a resolution of the General Assembly directing the judiciary 
Committee to enquire into the expediency of appointing a reporter of the 
decisions of the Supreme Court, which was read & Resolved to concur in 
said resolution. 

Rec d the petitions of Daniel Beckwith, William Claflin & of Moses 
Lyon with an order of the General Assembly on each referring the same 
to the joint Committee of New Trials, which being read, Concurred to 
refer. 

Rec d the bill directing the Treasurer to pay Ralph Paige the sum 
therein mentioned, & the Petitions of Asa Cole, Jonathan Fassett, Ben- 
jamin Fay, of Wells Heath, of David Curtiss, of Selectmen of Alburgh, 
of Linus Crampton, of Frye Bayley, of Jeremiah Brown, with an order 
of the House on each referring the same to the joint Committee of 
Claims — which were severally read & concurred. 

Rec d the petitions of James Mittimore, of Silas Hathaway, Ebenezer 
Phelps, of Ichabod Peck, an act for the relief of William Barton, of 
John Hazelton, of Harry Whiting [Whitney,] of Joseph Ellis, of An- 
thony Jones, of William Nickols 2 d - of David Hatch, of James Johnson, 
of Lavius Fillmore & Sons, of Elisha Kingsley, of Abner Harlow, of 
Abiel Twiss, with an order of the house on each referring them to the 
joint Committee of insolvency, which being read it was Resolved to con- 
cur in said reference. 

Rec d the petitions of Berkshire, of Kirby, of Waterford, of Montgomery, 
of Stamford, of Plymouth, An act reviving an act laying a tax on Rich- 
ford, with an order of the house on each referring the same on [to] the 
joint land tax Committee — which being read it was Resolved to concur 
with the House in said reference. 

Rec d the memorial of William Slade & others, of Samuel Mattocks, An 
act to repeal an act therein mentioned, Petition of inhabitants of Brid- 
port, with an order of the house on each to refer the same to the judici- 
ary Committee, which being read Resolved to concur with the Gen 1 - 
Assembly in said reference. 

Rec d the bill entitled an act for regulating & governing the militia of 
this State, Petition of the Captain of the Washington Artillery Company, 
Petition of sundry militia officers for a revision of Militia Laws, Petition 
of Hubbard Throop, with an order of the House referring them to the 
joint military Committee, which being severally read Resolved to con- 
cur in the said reference. 

Rec d the Petition of Fairhaven Turnpike Company, of Inhabitants of 



Governor and Council — October 1817. 179 

Newport for a committee to lay out a road, Pet. of Samuel A. Willard, 
of Inhabitants of Swanton, Petition for a Turnpike Company in Wind- 
ham County, with an order of the house on each referring them to the 
joint Turnpike Committee, which being read it was thereupon Resolved 
to concur in the said reference. 

Rec d the bill entitled an act Incorporating the President & Directors 
of the Bennington County Mining, Smelting & refining Company, with 
an order to refer it to the joint manufacturing Committee, which being 
read Resolved to concur in said reference. 

The petition of John Luck, a convict of State's Prison praying for a 
pardop, was read & on the question Shall the prayer thereof be granted? 
the yeas & nays were called for & taken as follows — Viz. — Teas, Gov. 
Brigham, Messrs. Fay, Crawford, Keyes, Smith, Hammond, Doolittle, 
Chittenden, Peaslee, Bliss, Cahoon, Stanley — Nays, none— so the prayer 
was granted & a pardon issued accordingly. 

On motion & leave Mr. Fay introduced the following resolution — Re- 
solved that in granting of all Pardons of State Prisoners the pardon 
shall be considered a limited pardon under the direction of the Gover- 
nor & Council — Which said resolution being read & considered was 
adopted. 

The petition of Benjamin Abbott, a convict of State's prison praying 
for pardon, [was read] & on the question Shall the prayer thereof be so 
far granted as to release him from further imprisonment & further pe- 
cuniary claims ? the yeas & nays were called for & taken as follows — 
Yeas, Gov. Brigham, Messrs. Fay, Crawford, Keyes, Smith, Hammond, 
Doolittle, Butler, Chittenden, Peaslee, Bliss, Cahoon, & Stanley — Nays, 
none— so the prayer of said petition was granted & a pardon issued ac- 
cordingly. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The petition of John N. Cunningham, a convict in State's Prison 
praying for a Pardon, [was read] & on the question Shall a full pardon be 
granted ? the yeas & nays were called for & taken as follows — Viz. — 
Yeas, Gov. Brigham, Messrs. Fay, Crawford, Keyes, Smith, Hammond, 
Doolittle, Butler, Chittenden, Peaslee, Bliss, Cahoon & Stanley — Nays 
none — So the prayer was granted & a pardon issued accordingly. 

The petition of John Church Jr., a convict in the State's prison pray- 
ing tor a pardon, [was read] & on the question Shall a pardon be grant- 
ed ? the yeas & nays were called for & taken as follows — Yeas, Gov. 
Brigham, Messrs. Crawford, Doolittle, & Cahoon — Nays, Messrs. Fay, 
Keyes, Smith, Butler, Chittenden, Peaslee & Stanley — Yeas 4, Nays 7 — 
so the prayer was not granted. 

Adj d to 9 O'C. A. M. tomorrow. 



Tuesday Oct. 14, 1817. 9 O'C. A. M. 

Gov. & Council met pursuant to adjournment. 

The petition of the University of Vermont was rec d with an order of 
the Gen 1 - Assembly referring it to a Committee of [consisting of] a 
member of each County to join. Concurred & Gov. Brigham was ap- 
pointed. 

The petition of Charles Y. & Betsy P. Chase was rec d with an order 
referring it to a committee of 3 to join — which being read it was Re- 
solved to concur in the above reference. 

The petition of Peter & Betsy Wilcox was rec d with an order to refer 
it to the joint committee on the petition of Charles Y. & Betsy [P.] 
Chase, which was read & Concurred. 



180 Governor and Council — October 1817. 

Rec d the bill entitled an act appointing a Committee to alter the 
County road leading from the south line of Burke to Canada line with an 
order to refer it to a committee of three to join, which being read it was 
Resolved to concur in said reference. 

Rec d the petition of John Haynes with an order to refer it to a com- 
mittee of three to join from Council — which being read it was Resolved 
to concur in said reference & Mr. Stanley was appointed. 

Rec d the bill entitled an act directing the treasurer to pay Micajah 
Ingham the sum therein mentioned with an order to refer it to a com- 
mittee of 4 to join from Council — which being read it was Resolved to 
concur in said reference, & Mr Keyes was app d to join from Council. 

Rec d the petition of John Morrison & others, of Rebecca Dennett, of 
Jeremiah Virginia & of Daniel Goss, with an order of the house on each 
referring the same to the joint committee on the bill in favor of Micajah 
Ingham, which being read it was Resolved to concur in said reference. 

The petition of sundry inhabitants of Brookline was rec d with an 
order of the house to refer it to a Committee of 4 to join— which being 
read it was Resolved to concur in said reference & Mr Keyes was 
appointed. 

Petition of Inhabitants of Roxbury & Brookfield was rec d with an 
order of the house to refer the same to a committee of 4 to join, which 
being read it was thereupon Resolved to concur in said reference. 

Rec d the remonstrance of sundry inhabitants of Brookfield with an 
order of the house referring the same to the joint Committee on the 
pet. of Roxbury & Brookfield — which being read it was Resolved to 
concur in said reference. 

Rec d from the house the petition of Israel Ide Jr. & others with an 
order of the General Assembly thereon referring the same to a com- 
mittee of three to join— which being read it was Resolved to join said 
Committee & Mr Crawford was app d - 

The petition of Zatter Butterfield was rec d with an order of the house 
referring it to the joint Com ee on the petition of Israel Ide Jr. & others, 
which being read it was thereupon Resolved to concur in said reference. 

The petition of Joseph Weeks was rec d with an order of the house 
thereon referring it to the joint Committee of Claims — which being read 
it was Resolved to concur in said reference. 

Rec d a resolution appointing a committee to join to consider the 
subject of making further compensation to the judges of the Supreme 
Court — which being read Resolved to concur in passing said resolution 
& Mr Smith app d - 

Rec d the bill en d an act in addition to an act &c. defining what &c. a 
legal settlement &c. of the poor &c. with an order of the house to refer 
the same to a Committee of 4 to join. Concurred to join & Mr Fay 
appointed. 

Rec d the petitions of Silas Lovell, James Sawyer, Walter Ses- 
sions, Henry Gould, William Morrison, Timothy Knight, George Trow, 
Joseph Watson, Timothy Pearl, Timothy Matthews, Elias Hill & Avery 
Dennison, with an order of the House on each referring the same to the 
joint Committee of insolvency — which being severally read Resolved to 
concur with the General Assembly in said references. 

The petition of inhabitants of Windham County for a Bank was rec d 
with an order of the house to refer it to a member of each county to join 
— which being read it was Resolved to concur in said reference. Mr 
Fay was app d - 

Rec d the Bills, one an act incorporating a bank at Burlington & the 
other incorporating a bank at Windsor, with an order of the house on 



Governor and Council — October 1817. 181 

each referring the same to the joint Committee on the petition of Inhab- 
itants of Windham County for a bank, & being read Concurred to join. 

Rec d the bill entitled an act appropriating the real & personal property 
of this State for the use of Schools, with an order to refer the same to a 
member from each county to join — which being read it was Resolved to 
concur in said reference — Mr Smith app d to join. 

Rec d the act to provide for an additional volume of the laws of this 
State with an order of the House to join — a committee of 4 being ap- 
pointed on the part of the house — which being read it was Resolved to 
concur in said reference & Mr Chittenden was app d - 

The petition of the Select men of Albany was rec d with an order of the 
house to refer the same to a committee of three to join — which being 
read it was Resolved to concur in said reference & Mr Doolittle was 
app d - 

Rec d the bill entitled an act laying a tax on the Town of Braintree, 
with an order to refer it to a committee of 4 to join — which being read 
it was Resolved to concur in said reference & Mr Bliss was app d - 

Rec d the petition of Samuel Parkman with an order to refer it to a 
committee of 4 to join — which was read & it was Resolved to concur in 
said reference & Mr Cahoon was app d - 

The petition of James II. Nichols was rcc d with an order to refer it to 
the joint Committee on the Petition of Samuel Parkman, which was 
read & concurred to join above committee. 

The petition of John L. Dickinson & others was rec d with an order of 
the House to refer it to the joint Com ee of Manufactures, which being 
read it was Resolved to concur in said reference. 

The petition of Warren Kendall & others was rec d with an order to 
refer it to the joint Military Committee, which being read it was Re- 
solved to concur in said reference. 

Rec d the petition of Joseph Weeks with an order to refer to the joint 
Committee of Claims — read & concurred to refer. 

Rec d the bill entitled an act to prohibit the circulation of bills not pay- 
able in specie, with an order of the house to refer the same to the Judi- 
ciary Committee — which being read Resolved to concur in said refer- 
ence. 

Rec d the petition of Topsham for a land tax with an order of the House 
referring the same to the joint land tax committee, which being read 
it was Resolved to concur in said reference. 

Rec d the Petition of the Town of Barnet with an order to refer to the 
judiciary Committee — which was read & Resolved to concur in said ref- 
erence. 

Rec d the petition of Jabez Delano with an order to refer the same to 
the joint Committee of insolvency — which being read it was resolved to 
concur in said reference. 

Rec d the petition of Martin Wood with an order of the house referring 
the same to the joint Committee of Claims — which being read it was Re- 
solved to concur in said reference. 

Rec d the petition of Christopher Webber & others with an order of 
the House referring the same to the joint Turnpike committee — which 
being read Resolved to concur in said reference. 

Rec d the petition of Jacob Blanchard & others with an order to refer 
it to the joint Military Committee — which being read it was Resolved to 
concur in said reference. 

Rec d the petition of N. P. Fletcher, with an order to refer the same 
to the joint Military Committee, which being read it was Resolved to 
cncur in said reference. 

The petition of the overseers of Whiting was rec d with an order of the 



182 Governor and Council — October 1817. 

House referring the same to a com ee of 3 to join from Council — which 
being read it was Resolved to concur in said reference & Mr Stanley was 
app d - 

The petition of Joshua Moore 2 d was rec d from the Gen 1 - Assembly 
with an order thereon referring the same to the joint Committee on the 
Petition of Samuel Parkman— which being readmit was Resolved to con- 
cur in said reference. 

The petition of Inhabitants of Orleans County was rec d with an 
order of the House thereon referring the same to" a committee of 3 to 
join, which was read & Resolved to concur with the house in said 
reference, & Mr Cahoon was appointed. 

The petition of Inhabitants of Coventry, & the Petition & remon- 
strance of Inhabitants of Coventry were rec d with an order to refer the 
same to the joint Committee on the petition of Inhabitants of Orleans 
County — which being read it was Resolved to concur in said reference. 

Rec d from the General Assembly a resolution directing the Military 
Committee to enquire if any & what provision ought to be made by law 
for publishing & distributing the militia laws — which being read Re- 
solved to concur in passing the foregoing resolution. 

Rec d a resolution directing the judiciary Committee to enquire into 
the propriety of prohibiting, by law, Sheriffs from selling their deputa- 
tions — which was read & Resolved to concur in passing said resolution. 

Rec d a resolution of the house raising a committee of 4 members to 
join from Council to examine the several acts for laying out, making & 
repairing highways — which being read it was Resolved to concur in 
passing this resolution ; Governor Brigham was appointed to join. 

The petition of William R. Down, a convict of State's prison praying 
for pardon, was read & dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

His Excellency the Governor directed the Secretary to deliver the 
following Communication to the General Assembly — 

Hon 1 - William A. Griswold, Speaker of the House of Representatives: 
Sir, — For the information of the General Assembly, I communicate to 
you that Brigadier General A. Barney of the l 8t Brigade & 1 st division of 
the Militia of this State & Brigadier General David Leavitt of the 2 d 
Brigade & same division have resigned their commissions, & the said 
offices have become vacant. The General Assembly will please to take 
proper measures to fill the vacancies thus occasioned. I am, Sir, &c'. 

Jonas Galusha. 

The petition of Samuel Stevens, a convict of State's prison, praying 
for a pardon, was read & on the question Shall a limited pardon be 
granted under the rule of Council r the yeas & nays were called for & 
taken as follows — Yeas, Messrs. Keyes, Smith, Hammond, Doolittle, 
Chittenden, Butler, Bliss, Cahoon, & Stanley— Nay, Mr. Peaslee — so the 
prayer was granted & a pardon issued accordingly. 

The petitions of Clark Fitts, John Merriam, William Fisk, Benjamin 
Heart, 1 Gilbert Bradley, Nathan Pike, Truman Powell, Rums Powell, 
were rec d with an order of the General Assembly on each referring the 
same to the joint Committee of insolvency — which were respectively 
read & Resolved to concur in said reference. 

Rec d from the House a bill respecting bridges with an order thereon 
to refer the same to the joint committee on the resolution relating to 
Highways — which was read & Resolved to concur in said reference. 

1 Heath in the Assembly Journal. 



Governor and Council — October 1817. 183 

Rec d the petitions of Reading — of Burke — of Newark with an order to 
refer the same to the joint committee on the petition of inhabitants of 
Orleans County, which being read Resolved to concur with the house in 
said reference. 

The petition of the proprietors of the Locks at Bellows Falls was re- 
ceived with an order of the house thereon referring the same to a com- 
mittee of three to join from Council —which being read Resolved to con- 
cur in said reference & Gov. Brigham was appointed. 

The petition of Elisha Brown was rec d with an order of the house re- 
ferring it to the joint committee on the petition of Charles Y. & Betsy 
Chase — which being read Resolved to concur in said reference. 

The petition & remonstrance of Nathan Cleaves was rec d with an or- 
der of the house referring the same to the Judiciary Committee — which 
being read Resolved to concur in said reference. 

The petition of the Columbian Band & of the 4 th Company of Cavalry 
l 8t Brigade & 2 d Division [received] with an order to refer the same to 
the joint Military Committee — which being read Resolved to concur in 
said reference. 

The petitions of the Select men of Lyndon — of Hardwick, Burke & 
Glover were rec d with an order of the house to refer the same to the 
joint land tax Committee — which being considered Resolved to concur 
in said reference. 

The petition of the overseers of the poor of Danby was rec d with an 
order of the house to refer the same to the joint committee on the peti- 
tion of overseers of the poor of Whiting, which being read, Resolved to 
concur in said reference. 

Rec d the petitions of Pitt W. Hyde & Jon a - Hoyt Jr. with an order of 
the house on each to refer the same to the joint Committee of Claims — 
which being read Resolved to concur in said reference. 

Rec d the petition of Sewall Cutting with an order to refer the same to 
a Committee of four to join — which being read it was thereupon Re- 
solved to concur in said reference & Mr Stanley was appointed. 

The petition of the Center Turnpike Company was rec d with an order 
of the house to refer the same to the joint Turnpike Committee — which 
being read Resolved to concur in said reference. 

The petition of Samuel lienham, a convict of State's prison, was read 
& on the question Shall the prayer thereof be so far granted as to remit 
all further continement & pecuniary claims ? the Yeas & Nays were 
called for & taken as follows, Viz. Yeas, Gov. Brigham, Messrs. Fay, 
Crawford, Hammond, Dooliltle, Butler, Chittenden, Peaslee, Bliss, Ca- 
hoon & Stanley — Nays, Messrs. Keyes & Smith — so the prayer was 
granted & a pardon issued accordingly. 

The petition of J. P. Hill, a convict of State's prison, was read & on 
the question Shall the prayer thereof be so far granted as to remit fur- 
ther imprisonment & pecuniary claims ? the yeas & nays were called for 
& taken as follows, Viz. Yeas, Gov. Brigham, Messrs. Fay, Smith, Ham- 
mond, Doolittle, Butler, Chittenden, Peaslee, Bliss, Cahoon & Stanley — 
Nay, [Mr.] Keyes — so the prayer was granted & a pardon issued accord- 
ingly- 
Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday, October 15, 1817. 9 O'C. A. M. 

Governor & Council met. 

The Governor & Council proceeded to the Representatives' room & 
met the house in joint Committee to make the annual county appoint- 
ments & after progress the joint Committee adjourned to Wednesday 



184 Governor and Council — October 1817. 

next 2 O'C. P. M. And the Governor & Council returned to their 
Chamber & resumed the consideration of business. 

Mr Chittenden excused from the Committee on the bill providing for 
an additional volume of the laws & Mr. Bliss appointed in his room. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d the petition of Asa Hall & others with an order of the house to 
refer the same to a committee of 4 members to join — which being read 
Resolved to concur in said reference & Mr Crawford appointed. 

Rec d the petition of Samuel & Charles Brewster, of Sam 1 Fargo, of 
Ja»- O. Walker, of John Ambler, of George Small, of Sarah Thompson, 
of Inhabitants of Huntington, of Nathan Smith, with an order on each 
referring the same to the joint Committee on the petition of Asa Hall — 
which were severally read & Resolved to concur in said reference. 

Rec d the petition of Thomas Hill & others, of Clapp Bolls, the ace*- of 
Rob*- B. Bates, with an order of the house on each referring the same to 
the joint Committee of Claims — which being read Resolved to concur in 
said reference. 

The petition of Ira Hill, of John Dean, with an order of the house 
thereon was rec d referring the same to the joint Committee of Suspen- 
sions—which being read Resolved to Concur in said reference. 

The remonstrance of inhabitants of Mountholly was rec d with an 
order of the house to refer the same to the joint Turnpike Company 
[Committee] — which being considered Resolved to concur in said 
reference. 

Rec d from the house the petition of Edward Fifield with an order 
thereon to refer the same to the joint Committee on the petition of Mi- 
cajah Ingham, which being read Resolved to concur in said reference. 

The petition of Landowners of Highgate — of Alburgh — of Brunswick, 
was rec d with an order of the house to refer the same to the joint land 
tax Committee — which being read Resolved to concur in said reference. 

Rec d the bill entitled an act in addition to an act establishing a Com- 
pany of Riflemen in the town of Middlebury, with an order of the house 
thereon referring the same to the joint Military Committee ; which 
being read Resolved to concur in said reference. 

Received a resolution instructing the judiciary Committee to enquire 
into the expediency of altering the law relating to the taking of deposi- 
tions — which being read Resolved to concur in said resolution. 

The petition of Calvin Hall, a convict of State's prison, was read & 
dismissed. 

The petition of Samuel Blackburn, a convict of State's prison, was 
read, praying for a pardon — and on the question Shall the prayer thereof 
be so far granted as to remit the further execution & pecuniary claims ? 
the Yeas & Kays were called for & taken as follows — Yeas, Gov. Brig- 
ham, Messrs. Crawford, Smith, Hammond, Butler, Peaslee, Bliss, Ca- 
hoon & Stanley — Nays none — so the prayer was granted as above & the 
pardon issued accordingly. 

Rec d the following resolution from the House — viz. — 

" In General Assembly October 15, 1817. 

Resolved that His Excellency the Governor be requested by & with 
the advice of the Council to appoint thursday the 4th day of December 
next to be observed as a day of public thanksgiving & praise throughout 
this State. Extract from the Journal, Attest W M - D. Smith Clerk. 
which being read, Resolved to advise $ his Excellency is hereby ad- 
vised to appoint said day a day of thanksgiving &c. accordingly. 

Rec d from the house the petition of Daniel Morse with an order to 
refer the same to the joint Military Committee. — Concurred. 



Governor and Council — October 1817. 185 

Rec d the bill entitled "an act constituting a Company of light infantry 
in the town of Hartford," with an order of the house thereon referring 
the same to the joint Military Committee — which was read & Resolved 
to concur in said reference. 

The petitions of Thomas Winslow & Harvey Scott were rec d from the 
house with an order thereon referring the same to the joint Committee 
of Claims, which being read Resolved to concur in said reference. 
„ The petition of William Johnson, a convict of State's prison ,praying 
for a pardon, was read & on the question Shall the prayer thereof be 
granted? the yeas & nays were called for & taken as follows — Yeas, 
Messrs. Keyes, Hammond, Butler, Peaslee, Cahoon & Stanley — 6. Nays, 
Gov. Brigham, Messrs. Fay, Crawford, Smith, Doolittle, & Bliss — 6; the 
Council being equally divided on the question His Excellency the gov- 
ernor decided the question by voting in the affirmative— So the prayer 
of said petition was granted. 

Mr. Bliss appointed to join on the land tax Committee. 

Rec d from the house a resolution appointing Thursday morning next 
at 10 O'Clock a time for both houses to meet to elect judges of Supreme 
Court. Concurred with a proposal of ^amendment by erasing out 
" Thursday " & inserting " Friday." 

Adjourned to 9 O'C. A. M. to morrow. 



Thursday October 16, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

His Excellency the Governor directed the Secretary to present the 
following Communication to the Speaker of the Gen 1 - Assembly: — 

Hon 1 - William A. Griswold, Speaker of the House of Representatives: 
Sir, — The Gen 1 - Assembly is hereby informed that a vacancy has occur- 
red in the office of Major General in the 1 Division of the militia of 
this State by the resignation of Major General Lewis R. Morris. Also 
that the Rev d Samuel Clark has resigned his appointment as member of 
the board of Trust of the University of Vermont. The General Assem- 
bly will please to take proper measures to fill said vacancies. 

Jonas Galusha. 

The resolution for electing Brigadier Generals was called up & the 
vote of concurrence rescinded & then Resolved to concur with proposals 
of amendment by erasing ''tomorrow morning" & insert "tuesday morn- 
ing next." After the words a to elect a" insert "Major General of the l rt 
division of the militia of this State." 

Mr Clark of the House came into the Council Chamber & informed 
the Governor & Council that the General Assembly had concurred in 
the proposed amendment of Council to the resolutions for electing 
Brigadier Generals & judges of the Supreme Court. 

The petition of Henry Fitch, a convict of States Prison, praying for a 
pardon, [was considered] & on the question Shall the prayer thereof be 
so far granted as relates to the further execution of his sentence & pe- 
cuniary Claims of Gov*- ? the Yeas & Nays were called for & taken as 
follows : Yeas, Gov. Brigham, Messrs. Fay, Crawford, Keyes, Smith, 
Hammond, Doolittle, Butler, Peaslee, Bliss, Cahoon & Stanley — Nays 
none — So the prayer was granted as stated & a pardon issued accordingly. 

Rec d from the House a resolution instructing the judiciary Committee 
to enquire into the expediency of making a law to prohibit debtors from 
the liberties of the Jail Yard when they shall refuse to deliver up their 
property, which being read Resolved to concur in said resolution. 

Rec d a resolution of the General Assembly, instructing the military 



186 Governor and Council — October 1817. 

Com ee to enquire into the expediency of directing the Commissary Gen- 
eral to furnish several Artillery Companies &c. with field pieces — which 
being read, it was thereupon Resolved to concur in passing said resolu- 
tion. 

Rec d from the House the petition of the overseers of the poor of Cor- 
inth with an order thereon referring the same to a Committee of 4 to 
join — which being read it was thereupon Resolved to concur in said 
reference & Mr Smith was appointed. 

The petition of Arad Evans was rec d from the house with an order 
thereon referring the same to a committee of three to join— which being 
read Resolved to concur in said reference & Mr Fay was appointed. 

Rec d the petition of D. L. Fowler— & the petition of Amos Davenport 
— with an order of the house on each to refer the same to the joint 
Committee on the petition of Arad Evans — which were severally read 
& Resolved to concur in said reference. 

Rec d the bill entitled sin act relating to the duties of [the] several com- 
manding officers of companies of militia in this State with an order to 
refer the same to the joint Military Committee — which being read Re- 
solved to concur in said reference. 

Rec d the bill entitled " an act directing the treasurer to pay A. Bron- 
son the sum therein mentioned " — Benjamin Fay's account - Lemuel 
Richardson's ace 4 - — Moses Davis Jr.'s ace 4 — the petition of Stephen 
Farnsworth, with an order of the house on each referring the same to 
the joint Committee of Claims — which were severally considered & Re- 
solved to concur in said reference. 

The petition of Hampton Lovegrove was received with an order of 
the house to refer the same to a committee of 4 to join, which was read 
& Resolved to concur in said reference & Mr Bliss was appointed to join 
from Council. 

The remonstrance of the inhabitants of Sheffield was rec d with an 
order of the house referring the same to the joint Turnpike Committee 
— which being read it was Resolved to concur in said reference. 

Personally came into Council Chamber Benjamin Swan Esqr Treas- 
urer Elect & presented a bond for the faithlul performance of the duties 
of his said office, signed by himself as principal & Elias Keyes & Charles 
Marsh as sureties, in the penal sum of one hundred thousand dollars — 
which was read & accepted by the Governor & Council & he was sworn 
to the faithful discharge of the duties of his said office. 

The petition of Jonas Wetherbee, a convict of State's prison, praying 
for pardon, was read & on the question Shall the prayer thereof be so 
far granted as relates to further confinement & the pecuniary claims of 
Gov*- ? the Yeas & Nays were called for & taken as follows— Teas, 
Messrs. Fay, Crawford, Smith, Hammond, Peaslee, Bliss & Cahoon — 
Nays — Messrs. Doolittle & Stanley — So the prayer was granted & a 
pardon issued accordingly. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The petition of Prosper Lawrence, a convict of State's prison, praying 
for a pardon, [was considered] & on the question Shall the prayer be 
so far granted as to remit the residue of the confinement & the pecun- 
iary claims of Gov*- ? the Yeas & Nays were called for & taken as fol- 
lows : Teas, Gov. Brigham, Messrs. Fay, Crawford, Smith, Doolittle, 
Cahoon & Stanley. Nays, Messrs. Hammond, Butler & Bliss — So the 
question was decided in the affirmative & a pardon issued accordingly. 

The petiton of the County grammar School in Royalton was rec d with 
an order of the house to refer the same to a committee of 4 to join — and 
it was Resolved to concur in said reference & Mr Doolittle was appointed. 



Governor and Council — October 1817. 187 

The petition of the proprietors of Groton was received with an order 
to refer the same to a committee of 4 to join, which being read it was 
Resolved to concur in said reference & Mr Stanley appointed. 

The petitions of Charles Sangster, Asbel Greely, convicts of State's 
Prison, were read & dismissed. 

The petition of N. P. Herrimau, a convict of State's prison, was read, 
praying for a pardon, & on the question Shall the prayer thereof be so 
far granted as to remit the residue of the Confinement & pecuniary 
claims ? the yeas & nays were called for & taken as follows : Teas, Gov. 
Brigham, Messrs. Fay, Crawford, Smith, Hammond, Doolittle, Butler, 
Bliss, Cahoon & Stanley — Nays none — So the question was decided in 
the affirmative & a pardon issued accordingly. 

Ree d the following engrossed bills sent up from the House for revision 
& concurrence &c. — "An act to continue in force an act entitled an act 
granting relief to the Company for rendering Connecticut River naviga- 
ble by Bellows Falls &c; An act making appropriations for paying for 
the maps of the United States ; " which were severally read & it was 
Resolved to concur in passing the same into Laws. 

Mr Keyes had leave of absence. 

Adjourned to 9 O'C. A. M. tomorrow. 



Friday October 17, 1817. 9 O'C. A. M. 

The Gov. & Council met pursuant to adjournment. 

Rec d a resolution appointing 10 O'Clock A. M. this day a time for both 
houses to meet & elect a trustee in the board of trust to the University 
of Vermont — which being read Resolved to concur in passing said 
resolution. 

The Gov. & Council proceeded to the Representatives' room & there 
met the Gen 1 - Assembly to elect Judges of Supreme Court — a Major 
General, [Brigadier Generals,] & Trustee of the University of Vermont 
— when Hon 1 - Richard Skinner, William A. Palmer & William Brayton 
were duly elected judges of the Supreme Court for the year ensuing, 
Martin Field Esqr Major Gen 1 - of l 8t Division Militia of this State, Jo- 
nas Mann Esqr Brigadier Gen 1 - 1 st B r - l Bt Division, & Asaph Fletcher Jr. 
Brig r Gen 1 - 2 d Brigade & 1 st Division — which being done the Governor 
& Council returned to their Chamber. l 

Mr Doolittle was appointed on the Turnpike Company [committee] in 
the room of Mr. Keyes during his absence. 

His Excellency ordered the Secretary to deliver the following com- 
munication to the Speaker of the Gen 1 - Assembly — 

The Hon 1 - W m - A. Griswold Speaker of the House of Representatives 
— Sir, — I transmit to the Gen 1 Assembly several pamphlets received 
from the State of New York respecting the subject of canal navigation 
in said State, together with a map containing a survey of the proposed 
Canal from Lake Erie to Hudson's River. 

1 have also received a set of the late edition of the laws of the United 
States in 4 volumes; also a set of State papers, together with the journals 
of several sessions of the House of Representatives & Senate of the 
United States, all which will be delivered to the Clerk of the Gen 1 - As- 
sembly. Very respectfully &c. Jonas Galusha. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Gov. & Council met pursuant to adjournment. 

Rec d the following resolutions from the house — one instructing the 
Judiciary Committee to enquire into the expediency of extending the 

1 Luther Loomis was elected a trustee of U. V. M. 



188 Governor and Council — October 1817. 

time for holding the jury terras of the Supreme Court — one directing 
the judiciary Committee to enquire into the expediency of amending 
an act relating to forcible entry & detainer & to compel the Complainant 
or plff. to enter bail — which were severally read & Resolved to concur in 
passing the same. 

Rec d from the house the ace*- of J. P. Clough, the Pet. of Rob*- 
Torrence, an act directing the Treasurer to pay Loring Richmond the 
sum therein mentioned, an act directing tne Treasurer to pay Martin 
Wood the sum therein mentioned, with an order of the house on each 
referring the same to the joint Committee of Claims— which were sev- 
erally read & Resolved to concur in said reference. 

Rec d the petitions of Cyrus Ware, Reuben & William Hawkins, Joseph 
Huntington, Inhabitants of Brunswick, with an order of the house on 
each referring the same to the joint Committee of insolvency, which 
were severally read & Resolved to concur in said reference. 

Rec d the report of the [a] Committee of the University of Vermont 
with an order of the house to refer the same to the joint Committee on 
the petition of the University of Vermont, which being read Resolved 
to concur in said reference. 1 

The petition of Isaac French was rec d with an order of the house re- 
ferring the same to the joint committee on the petition of Asa Hall & 
others — which was read & Resolved to concur in said reference. 

The petition of sundry inhabitants of Weathersfield was rec d with an 
order of the house thereon referring the same to the joint Military Com- 
mittee—which was read & Resolved to concur in said reference. 

The petition from Reedsboro', & remonstrance against a land tax in 
Berkshire, were rec d with an order of the house on each referring the 
same to the laud tax Committee — which being severally read it was Re- 
solved to concur in said reference. 

A Statement of the expences of the State's prison was rec d with an 
order of the house to refer the same to the joint Committee on the 
affairs of the State's prison — which being read it was Resolved to con- 
cur in said reference. 

Rec d a resolution referring so much of His Excellency's Speech as re- 
lates to manufactures to the Com ce on Manufactures— which being read 
Resolved to concur in said reference. 

Also rec d a resolution referring so much of His Excellency's Speech 
as relates to the State's prison to a Committee of six to join — which be- 
ing read Resolved to concur in said reference & Mr Bliss appointed. 

Also rec d a resolution referring so much of said Speech as relates to 
the reception of laws & maps from other States &c. to a Committee of 2 
to join, which was Read & Resolved to concur in said resolution & Mr. 
Doolittle was app d - 

Also a resolution referring so much of said Speech as relates to edu- 
cation to a committee of six to join, which being read it was Resolved 
to concur in said reference & Mr. Smith was appointed. 

The petitions of William Davis, & H. Stone, Convicts of State' prison, 
were read & dismissed. 

The petition of Joseph Little, a convict of State's prison praying for 
a pardon, was read & on the question Shall the prayer thereof be granted 
so far as relates to his Confinement & the pecuniary Claims of Gov*? the 
yeas & nays were called for & taken as follows, — Yeas, Gov. Brighara, 
Messrs. Pay, Crawford, Smith, Hammond, Doolittle, Butler, Bliss, Ca- 
hoon, & Stanley — Nays none. So the prayer was granted & a pardon 
issued accordingly. 

Adjourned to 9 O'C. A. M. tomorrow. 

* Annual report on the condition of the University. 



Governor and Council — October 1817. 189 

Saturday October 18, 1817. 9 O'C. A. M. 

Gov. & Council met pursuant to adjournment. 

The petition of Henry Smith, a convict of State's prison praying for 
pardon, was read & on the question Shall the prayer thereof be so far 
granted as relates to the Confinement & the pecuniary Claims of Gov- 
ernment? the yeas & nays were called for & taken as follows— [ Yeas,] 
Messrs. Fay, Crawford, Smith, Hammond, Doolittle, Butler, Bliss, Ca- 
hoon & Stanley. Nays none. So it was decided in the affirmative & a 
pardon issued accordingly. 

His Excellency the Governor directed the Secretary to deliver the fol- 
lowing Communication to the Speaker of the Gen 1 - Assembly — 

To the Hon. William A. Griswold, Speaker of the House of Repre- 
sentatives: Sir, — 1 transmit to you to be laid before the General Assem- 
bly a copy of a letter from the acting Secretary of State of the United 
States on the subject of Weights & Measures, & a copy of a resolution 
of the Senate of the United States on the same subject. Also a copy of 
a letter from the acting Secretary of War requesting a printed or manu- 
script copy of the Militia Law of this State, & resolution of the Senate 
of the United States respecting the same subject. These papers are 
marked No. 1 & No. 2. I shall cheerfully carry into execution any 
measures relative thereto that the General Assembly may please to pre- 
scribe. 

No"- 3, 4 & 5 contain resolutions of the States of Kentucky, New Jer- 
sey & Connecticut on certain proposals of amendment to the Constitu- 
tion of the United States. They are submitted to the wisdom of the 
General Assembly. 

A box containing 280 copies of laws passed 1 st Session of the 14 th Con- 
gress of the United States is rec d by me subject to the order of the Gen- 
eral Assembly. I am &c. Jonas Galusha. 

The petition of Samuel Mattocks was rec d with an order of the Gen 1 - 
Assembly referring the same to a committee of 4 to join, which being 
read Resolved to concur in said reference & Gov. Brigham was appointed. 

Rec d a bill entitled an act directing the Sheriffs in their office & duty, 
with an order of the house to refer the same to the judiciary Committee, 
which being read it was Resolved to concur in said reference. 

Rec d from the house a resolution directing the judiciary [Committee] 
to enquire into the expediency &c. for giving bail in appeals from judg u 
of Judges of Probate— which being read Resolved to concur in passing 
said resolution. 

Rec d a resolution directing the judiciary Committee to enquire into the 
expediency of altering the justice act, which being read Resolved to con- 
cur in passing said resolution. 

Rec d a resolution instructing the judiciary Com" to enquire into the 
expediency of making additions to the act for the regulation of Manu- 
facturing & Turnpike Corporations, which being read Resolved to con- 
cur in passing said resolution. 

Rec d a resolution directing the committee on the resolution relating 
to roads & bridges to enquire what provision may be made for building 
a bridge across Otter Creek [in Vergennes,] which being read Resolved 
to concur in said resolution. 

Rec d the bill granting a new trial to Moses Lyon with an order to 
refer the same to the joint Com* e of New trials — which being read Re- 
solved to concur in passing said order of reference. 

Rec d the petition of Solomon Powell with an order of the house on the 
same referring it to the joint Committee on the petition of Arad Evans 
— which being read Resolved to concur in said reference. 

Rec d the bill entitled an act incorporating an academy in Arlington 



190 Governor and Council — October 1817. 

with an order to refer the same to the joint Committee raised on that 
part of the Governor's Speech that relates to education, which being 
read Concurred in said reference. 

The petition of Samuel Durkee was rec d with an order of the house 
referring the same to the State's prison committee — which being read 
Resolved to concur in said reference. 

The petition of Minehead was rec d with an order of the house refer- 
ring the same to the joint land tax Committee — which being read Re- 
solved to concur in said reference. 

Rec d the Petition of Jonathan Plastridge, & the bill directing the 
Treasurer to pay the sum therein mentioned, with an order of the house 
to refer the same to the joint Committee of Claims — which being read 
Resolved to concur in said reference. 

The petition of Harvey Scott, which had been committed to the Com- 
mittee of Claims, now came to Council with an order of the house to 
recommit the same to said Committee — whereupon Resolved to concur 
in said order of recommitment. 

Rec d a petition of Inhabitants of Bennington, with an order of the 
house thereon referring the same to the joint Committee on that part 
of the Governor's Speech that relates to education — which was read & 
thereupon Resolved to concur in said reference. 

Rec d from the house a report of the committee on the bill providing 
for an additional volume of the laws of this State, with an order of the 
house to recommit the same to the committee who made said report — 
which being read Resolved to concur in said recommitment. 

Rec d a petition for a company of Artillery for the 2 d Regiment, 4 th 
Brigade &4 th Division of militia of this State, with an order of the house 
thereon referring the same to the joint Military Committee — which being 
read it was thereupon Resolved to concur in said reference. 

The petitions of Henry Rose, F. Wood, Benj a - W. Howard [or Har- 
wood,] Moses Niles, We Woodcock, E. Patrick, L. Johnson, Wm. 
Smith, S. Mayar, J. Reynolds, E. Wilson, John Church, P. Birchett, 
Wm. Riley, convicts of State's prison, were severalty read & ordered to 
be dismissed. 

Adj d to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment 
The petitions of Asahel Mott, Cyrus Jones & Oren Willard, convicts 
of State's prison, read & ordered to be dismissed. 
Adjourned to 9 O'C. A. M. Monday next. 



Monday October 20, 1817. 9 O'C. A. M. 

Gov. & Council met pursuant to adjournment. 

Rec d - a resolution instructing the judiciary Committee to enquire into 
the expediency of amending the act directing the proceedings against 
trustees of concealed or absconding debtors — which was read & Resolved 
to concur in passing said resolution. 

Rec d a resolution directing the judiciary Comm ee to enquire into the 
expediency of passing a law to authorize the taking of depositions to 
perpetuate testimony — which being read Resolved to concur in said 
resolution. 

Rec d the bill directing the treasurer to pay Edward Eifield the sum 
therein mentioned with an order of the house to refer the same to the 
joint Committee on the bill for the relief of Micajah Ingham, which was 
read & Resolved to concur in said reference. 



Governor and Council — October 1817. 191 

Rec d a bill directing the Treasurer to pay Stephen Farnsworth the 
sum therein mentioned — And a bill for the relief of an infirm Indian, a 
State Pauper, with an order on each referring the same to the joint 
Committee of Claims— which were read & Resolved to concur in said 
reference. 

Rec d the petition of the officers of the 3 d Reg*- l 8t Brig. & 2 d Division 
of Militia, & the copy of a letter of George Graham acting Secretary of 
the department of War of the United States, with an order of the house 
on each referring the same to the joint Military Committee — which be- 
ing read Resolved to concur in said reference. 

Rec d the petition of Ziba Crocker with an order of the house to refer 
the same to the joint Com ee of Suspension, which being read it was 
concurred. 

Rec d - the bill for the relief of J a 8 - O. "Walker with an order of the house 
to refer the same to the joint Com ee on the petition of Asa Hall & others 
— which was read & it was Resolved to concur in said reference. 

Rec d the petition of Peabody Utley, with an order of the house to refer 
the same to a committee of 3 to join, which being read Resolved to 
concur in said reference & Mr Crawford was app d - 

Rec d the petition of the proprietors of the Congregational Meeting 
house in Bennington with an order of the house to refer the same to a 
committee of 4 to join, which being read it was thereupon Resolved to 
concur in said reference & Mr Doolittle was appointed. 

The petition of G. Miller, a convict of State's prison, was read & 
ordered to be dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d from the house several proposals of amendment to the Constitu- 
tion of the United States, with an order of the house to refer the same 
to a Committee of 4 to join — which were read & Resolved to concur in 
said reference & Mr Smith was appointed. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence or proposals of amendment, Viz. — "An act altering the 
name of Justin Healy Herriman to Justin Healy Brown ; An act to 
alter the name of Henry Allen to George Henry Chase ;" & "An act 
altering the name of John Allen to John Wilcox;" which were severally 
read & Resolved to concur in passing the same into laws. 

Rec d a resolution of the house instructing the judiciary Committee to 
enquire into the expediency of making further provision for appeals 
from the report of Commissioners — which being read Resolved to concur 
in passing said resolution. 

Adjourned to 9 O'C. A. M. tomorrow. 



Tuesday October 21, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

His Excellency the Governor ordered the following communication to 
be sent to the General Assembly: 

In Council Chambee, October 21, 1817. 

To the Hon 1 - William A. Griswold Speaker of the House of Represent- 
atives — Sir, — I communicate to you for the information of the General 
Assembly, that Horace Everett Esqr. has resigned his office as State's 
atty for the County of Windsor for the year ensuing. The General As- 
sembly will please to take proper measures for filling the vacancy. 

I transmit a copy of his letter, containing his resignation & remarks 
on the law creating the office of State's attorney. Should any doubts be 



192 Governor and Council — October 1817. 

entertained on the subject to which it refers, I would suggest the pro- 
priety of removing them by some legislative provision. 

With respect &c. Jonas Galusha. 

Rec d a resolution directing the Manufacturing Company [committee] 
to enquire into the expediency of establishing a Standard for reels [for 
reeling yarn,] which being read Resolved to concur in said resolution. 

Rec d a resolution directing the Military Committee to enquire into the 
expediency of providing noncommissioned officers & privates with a 
dinner on muster days &c. — which being read Resolved to concur in 
passing said resolution. 

Rec d from the house a resolution instructing the judiciary Committee 
to enquire into the expediency of making alterations in the laws respect- 
ing proprietors' meetings— which being read Resolved to concur in pass- 
ing said resolution. 

Rec d the petitions of Joseph Ellis, Anthony Jones, Ira Hill, Lavius 
Fillmore & Sons, James Johnson, Rufus Campbell, with an order of the 
house to recommit the same to the joint Committee of insolvency — 
whereupon it was Resolved to concur in said reference. 

Rec d a bill entitled an act in addition to an act for the probate of Wills 
&c. with an order to refer the same to the judiciary Committee — which 
being read Resolved to concur in said reference. 

Rec d the petition of sundry inhabitants of Readsboro' with an order to 
refer the same to the joint Military Committee — which being read Re- 
solved to concur in said reference. 

Rec d a bill to promote the encouragement [increase] of Sheep [and to 
keep the different breeds distinct,] with an order of the house to refer 
the same to the committee of Agriculture — which being read Resolved 
to concur in said reference. 

Rec d the petition of Cornelius Young, with an order of the house to 
refer the same to the joint Com ee on the petition of Micajah Ingham — 
which being read Resolved to concur in said reference. 

The petition of Samuel Gale was rec d with an order of the house to 
refer the same to the joint Committee of new Trials — which being read 
Resolved to concur in said reference. 

The petition of Cyrus Hind was rec d with an order to refer the same 
to the joint committee on the petition of Peabody Utley— which being 
read Resolved to concur in said reference. 

Rec d the following engrossed bills sent up for revision & concurrence 
&c — "An act directing the Treasurer of the State to pay Frye Bayley 
the sum therein mentioned; An act directing the Treasurer to pay Na- 
than Bronson [Brownson] the sum therein mentioned; An act directing 
the Treasurer to pay Joseph Weeks the sum therein mentioned; An act 
in addition to an act therein mentioned; An act authorizing the over- 
seers of the poor of Whiting to deed lands; An act granting the exclu- 
sive right of keeping a ferry therein named to Israel Ide Jr. & Samuel 
Bowley;" which were severally read & Resolved to pass the same into 
Laws. 

Rec d the bill entitled an act authorizing the removal of William 
Thayer & John Darling to Danville in the County of Caledonia [from 
Orleans County jail,] with an order of the house to refer the same to the 
joint Judiciary Committee— which being read Resolved to concur in 
said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 
Rec d from the house his Excellency's Communication on the subject 
Of Horace Everett's Esqr. resignation as State's attorney for the county 



Governor and Council — October 1817. 193 

of Windsor, with an order to refer the same to the judiciary Committee 
— which being read Resolved to concur in said reference. 

Rec d the remonstrance of sundry inhabitants of Roxbury with an 
order of the house to refer the same to the joint Committee on pet. of 
the inhabitants of Roxbury & Brookfield, which being read Resolved to 
concur in said reference. 

Rec d the following engrossed bills sent up for revision & concurrence 
&c. Viz. " An act directing the Treasurer to pay Joseph Howes the 
sum therein mentioned; An act directing the Secretary of State to pur- 
chase the 3 d Volume of the Compiled laws of this State;" which were 
read & passed into laws. 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday October 22 d » 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the bill entitled an act laying a tax of 4 cents per acre on the 
town of Newport, with an order of the house to refer the same to the 
joint land tax committee — which being read Resolved to concur in said 
reference. 

Rec d the bill entitled an act reviving a land tax on Salem with an 
order of the house to refer the same to the joint land tax committee. 
Concurred. 

Rec d the bill in addition to an act regulating Marriage & Divorce, 
with an order to refer the same to the judiciary Committee — which 
being read Resolved to concur in said reference. 

Rec d a resolution instructing the judiciary Comm ee to enquire into the 
expediency of repealing an act in addition to an act for the limitation 
of penal statutes — which being read Resolved to concur in said resolution. 

Rec d a resolution instructing the judiciary Committee to enquire into the 
expediency of passing an act taking away the liability of Sheriffs & other 
officers for taking insufficient bail— which being read Resolved to concur 
in passing said resolution. 

Rec d the bill entitled an act in addition to an act constituting the Su- 
preme Court of Judicature &c. with an order to refer the same to the 
judiciary Committee — which being read Resolved to concur in passing 
said reference [resolution.] 

Rec d a resolution requesting the insolvency com ee to enquire into the 
expediency of granting Elisha Kingsley the benefit of the poor debtors' 
oath — which was read & Resolved to concur in said resolution. 

Rec d the bill entitled an act in addition to an act reducing into one 
the several acts &c. for laying out, repairing & clearing highways, with 
an order of the house to refer the same to the Committee raised on the 
resolution respecting bridges & highways— which being read Resolved 
to concur in said reference. 

Rec d a resolution directing the Turnpike Com ee to enquire into the 
expediency of reviving & altering an act incorporating the Boston & 
Montreal Turnpike Company — which was read & Resolved to concur in 
passing the same. 

Rec d the bill authorizing the Green Mountain Turnpike Company to 
resurvey & alter their road, with an order of the house to refer the same 
to the joint Turnpike Committee — which being read Resolved to concur 
in said reference. 

Rec d the bill to provide for laying out & altering the County road 
from Bellows Falls in Rockingham to Massachusetts line, with an order 
to refer the same to the Turnpike Committee — which being read it was 
Resolved to concur in said reference. 

13 



194 Governor and Council — October 1817. 

Tlec d the bill entitled an act directing the Treasurer to pay Micajah Ing- 
ham the sum therein mentioned with an order to refer the same to the 
joint Committee on Micajah Ingham's bill [petition] — which being read 
Resolved to concur in said reference. 

Rec d the bill entitled an act directing the Treasurer to credit the town 
of Newark the sum therein mentioned with an order to refer the same 
to the joint Committee of Claims — which being read Resolved to concur 
in said reference. 

Rec d the act authorizing the administrator of the estate of James 
Nichols deceased to deed land, with an order to refer the same to the 
committee on the petition of Samuel Parkman, which being read Re- 
solved to concur in said reference. 

Rec d the bill entitled an act authorizing the town of Barton to trans- 
fer records with an order to refer the same to the joint Committee on 
the petition of Select men of Albany, which being read Resolved to 
concur in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d his Excellency's communication on the subject of the Communi- 
cation from the State of New York respecting Canal Navigation, with 
an order of the house to refer the same to a committee of 4 to join from 
Council, which being read Resolved to concur in said reference & Mr 
Doolittle was appointed. 

Rec d the bill for the relief of D. L. Fowles, with an order to recommit 
the same to the joint Com ee on the petition of Arad Evans — which was 
read & Concurred. 

Adjourned to 9 O'C. A. M. tomorrow. 



Thursday October 23 d » 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the bill entitled an act authorizing The Supreme & County 
Courts to assign counsel &c. with an order to refer the same to the 
judiciary Com ee » which being read Resolved to concur in said reference. 

Rec d the resolution of the house instructing the judiciary Committee 
to enquire into the expediency of altering the laws respecting the ap- 
pointment of Deputy Sheriffs &c. which being read Resolved to concur 
in said resolution. 

Rec d the act authorizing the administrators of Francis Davis deceased 
to deed lands, with an order of the house to refer the same to the Com- 
mittee on the petition of Samuel Parkman, which being read Resolved 
to concur in said reference. 

The Petition of sundry members of the 3 d Reg 1 - l 8t Brigade & 4 th di- 
vision of Militia with an order to refer the same to the Military Com- 
mittee — which being read Resolved to concur in said reference. 

Rec d the bill directing the Treasurer to pay Samuel Hewes the sum 
therein mentioned with an order to refer the same to the joint Commit- 
tee of Claims, which being read Resolved to concur in said reference. 

Rec d the following engrossed bills sent up for revision & Concurrence 
&c. Viz. "An act restoring Arad Evans to his legal privileges; An act 
authorizing the Directors of the State Bank to sell lands; An act to re- 
vive & continue an act laying a tax of 3 cents per acre on the town of 
Riehford, passed October 26, 1806; An act appropriating a certain fine 
for the education of Truman Lapish; An act granting a New Trial to 
Moses Lyon; An act directing the Treasurer to pay Samuel [Lemuel] 
Richmond & Moses Davis Jr. the sum therein mentioned; An act grant- 



Governor and Council — October 1817. 195 

ing relief to Cyrus Ware ; An act to prohibit the circulation of bills not 
payable in Specie;" which were severally read & Resolved to concur in 
passing the same into Laws. 
Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d a bill laying a tax on Montgomery & Avery's gore with an order 
to refer the same to the land tax Com ee » which being read Resolved to 
concur in said reference. 

Rec d the bill relating to recognizances taken on appeals or reviews of 
civil actions, with an order of the house to refer the same to the judi- 
ciary Committee— which being read Resolved to concur in said refer- 
ence. 

Rec d the engrossed bill entitled " an act granting a New Trial to Dan- 
iel Beckwith," sent up for revision & concurrence &c. — which was read 
& passed into a Law. 

The petition of Samuel Bradley, a convict of State's prison, which had 
been dismissed, was now called [up] & the vote of dismissal rescinded & 
on the question Shall the prayer thereof be granted &c. the Yeas &Nays 
were called for & taken as follows: Yeas, Gov. Brigham, Messrs. Fay, 
Smith, Chittenden, Cahoon & Stanley. iVays, Messrs. Crawford, Ham- 
mond, Doolittle, Butler, & Bliss — so the prayer was granted. 

The petition of Stephen M c Connell, a convict of State's prison, was 
called up, read & dismissed. 

Adjourned to 9 O'C. A. M. tomorrow. 



Friday October 24, 1817. 9 O'C. A. M. 

Governor & Council met pursuant, to adjournment. 

Rec d the petition of Polly Foster with an order of the house to refer 
the same to the joint Committee of insolvency, which being read Re- 
solved to concur in said reference. 

Rec d the bill authorizing Nancy Allen admin*- de bonis non on the 
estate of Levi Allen deceased to convey lands, with an order of the 
house to refer the same to the joint Committee on the petition of Sam- 
uel Parkman — which being read Resolved to concur in said reference. 

Rec d the bill directing the Treasurer to pay the sum therein men- 
tioned, with an order to refer the same to the Military Committee — 
which being read Resolved to concur in said reference. 

Rec d the bill for the removal of Samuel Durkee to the State's prison 
with an order to refer the same to the State's prison Committee — which 
being read Resolved to concur in said reference. 1 

Rec d the bill for organizing a Battallion of Artillery with an order of 
the house on the same to refer it to the Military Committee — which be- 
ing read Resolved to concur in said reference. 

Rec d the bill entitled an act making provision to establish certain lines 
with an order of the house referring the same to a committee of 8 to 
join — which being read Resolved to concur in said reference & Mr Bliss 
was appointed. 

Rec d the bill making appropriations for the benefit of the State's 
Prison &c. with an order of the house to refer the same to the State's 

1 Durkee was in Orange County jail on a charge of an assault with an 
intent to murder, and was removed to the State prison on his own pe- 
tition. 



196 Governor and Council — October 1817. 

prison Committee— which being read it was Kesolved to concur in said 
reference. 

Rec d a resolution instructing the Military Committee to enquire into 
the expediency of. amending the law respecting appeals in case of 
amercements by commanding officers of Companies, which was read & 
Resolved to concur in said reference [resolution.] 

Rec d the bill to revive an act laying a tax on Jay with an order to re- 
fer the same to the land tax Committee, which being read Resolved to 
concur in said reference. 

Rec d from the house the following engrossed bills, sent up for revision 
& concurrence &c. Viz. — "An act for ascertaining the number & condi- 
tion of the deaf & dumb persons in this State; An act freeing the body 
of Ira Hill from arrest & imprisonment for the term of five years; An 
act relating to the appointment of Jurors to serve before the City Court 
of Vergennes; An act directing the Treasurer to issue Treasury notes; 
An act directing the Treasurer to pay Thomas Winslow the sum therein 
mentioned; An act laying a tax of 3 cents pr. acre on the town of Stam- 
ford; An act directing the Treasurer to pay Adonijah Griswold the sum 
therein mentioned; An act freeing the body of Joseph Huntington from 
arrest & imprisonment; An act for the relief of Landgrove;" which 
were severally read & it was Resolved to concur in passing the same into 
Laws. 

Rec d a resolution appointing the 25 th day of instant October 10 O'C. 
A. M. a time for both houses to meet to elect Directors of State Bank, 
Superintendent of State's prison, auditor of accts. & a person to preach 
the next election sermon, which was read & concurred with the follow- 
ing proposals of amendment: add " to elect a Quarter Master General & 
Surveyor General " — & erase the figures " 25 " & insert " 28." 

Rec d the bill for the relief of the Fairhaven Turnpike Company with 
an order to refer the same to the Turnpike Committee — which was read 
& Concurred. 

Rec d the engrossed bill entitled "An act authorizing the Executor ot 
Edmund Burke [Edward Blake] jr. deceased to deed lands," sent up for 
revision & concurrence &c. which being read Resolved to concur wtih 
the house in passing the same with proposals of amendment. Mr Fay 
was appointed to assign the reasons to the house. 

Rec d a resolution instructing the committee on agriculture to enquire 
into the expediency of passing a law restraining Horses & Neat Cattle 
from running at large, which was read & Resolved to concur in passing 
the same. 

Adjourned to 9 O'C. A. M. to morrow. 



Saturday October 25, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

His Excellency the Governor ordered the Secretary to deliver the 
following Communication to the General Assembly — 

To Hon. William A. Griswold Speaker of the house of Representatives 
— Sir, — I hereby communicate for the information of the Gen 1 - Assembly, 
that the Hon 1 Richard Skinner has declined accepting the appointment 
of Chief Judge of the Supreme Court. The Gen 1 - Assembly will please 
to take proper measures to fill the Vacancy. I transmit Judge Skinner's 
letter, which contains his reasons for his nonacceptance. 

I am, Sir, &c. Jonas Galusha. 

Rec d a resolution appointing a committee to examine the several acts 
for laying out &c. roads &c. with a report of said committee & an order 



Governor and Council — October 1817. 197 

of the house recommitting said report — which being read Resolved to 
concur in said recommittment. 

Rec d a resolution directing the Committee on the above resolution to 
enquire into the expediency of providing by law for building a bridge 
across Otter Creek [in Vergennes,] which being read Resolved to con- 
cur in said resolution. 

Rec d a resolution directing the Military Committee to enquire into 
the expediency of repealing or amending the 3 d Section of an act entitled 
an act ascertaining the principles on which the list of this State shall be 
made &c. — which being read Resolved to concur in said resolution. 

Rec d a resolution directing the Secretary of State to furnish the adju- 
tant General with a manuscript copy of the military laws of this State & 
instructing the adjutant General to furnish the adjutant General of the 
United States with the same & complete returns of the militia of this 
State — which being read Resolved to concur in passing said resolution. 

Rec d the Bill for the relief of David [L.] Fowles, with an order to 
refer the same to the joint Committee on the petition of Arad Evans — 
which being read Resolved to concur in said reference. 

Rec d the following engrossed bills sent up from the house for revision 
& concurrence &c. Viz. "An act directing the Treasurer to pay Loring 
[Loren] Richmond the sum therein mentioned; An act directing the 
Treasurer of this State to pay Stephen Farnsworth the sum therein 
mentioned ; An act directing the Treasurer to pay John Plastridge the 
sum therein mentioned ; An act altering the name of Huntsburgh in 
the Count}' of Franklin to that of Franklin ; An act directing the Treas- 
urer to pay Linus Crampton 1 st Constable of Tinmouth the sum therein 
mentioned ; An act directing the Treasurer to pay Joseph Howes the 
sum therein mentioned ; " which were severally read & Resolved to 
concur in passing the same into Laws. 

Rec d the bill directing the Treasurer to pay Alexander Hutchinson 
the sum therein mentioned, & the bill to remedy a mistake in the name 
of one of the Committee of the land tax on Northfield, which contained 
an order of the house to refer the same to the joint Committee of Claims 
— which were read & Resolved to concur in passing the same into a Law 
[Resolved to concur in said reference.] 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d from the House the following engrossed bills Viz. "An act for the 
relief of Ja B - O. Walker ; An act directing the Treasurer of this State to 
pay Benjamin Fay the sum therein mentioned ; An act authorizing 
Joshua Morse 2 d » Guardian of the minor heirs of Amos Perry deceased 
&c. to deed lands ; An act laying a tax of 3 cents pr. acre on the town of 
Readsboro'; An act authorizing the Green Mountain Turnpike Com- 
pany to resurvey & alter said road ; " which were severally read & Re- 
solved to concur in passing the same into Laws. 

Adjourned to 9 O'C. A. M. Monday next. 



Monday October 27, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr Keyes excused from the Committee on the petition of the Inhab- 
itants of Brookline & Mr Peaslee appointed. 

His Excellency the Governor ordered the following ^Communication 
to be sent to the Gen 1 Assembly. 

Hon L William A. Griswold Esqr Speaker of the House of Representa- 
tives : Sir, — I transmit to you to be laid before the General Assembly 



198 Governor and Council — October 1817. 

a copy of a letter from Mr Samuel M. Burnside, Corresponding Secre- 
tary of American Antiquarian Society, requesting to be furnished with 
copies of ihc public & private acts of this State. Considering the very 
laudable object* of that Society, I submit the propriety of directing the 
Secretary of Slate to furnish them with such printed copies of Legisla- 
tive acts & journals as their design may require. 

I am, Sir, &c. Jonas Galusha. 

Rec d the bill for the relief of D. L. Fowles with an order to refer the 
same to the [a] joint Committee, & a Com ee on the part of the house was 
appointed to join— which being read Resolved to concur in said refer- 
ence & Mr Hammond was app°- 

Rec d a resolution appointing Wednesday next a time for both houses 
to meet & elect a Chief Judge of the Supreme Court, in the room of 
Judge Skinner, & other appointments that may happen &c. which being 
read Resolved to concur in passing said resolution. 

Rec d a resolution instructing the Judiciary Com ee to take into consid- 
eration the expediency of providing for replevying property attached 
&c. which was read & Resolved to concur in said resolution. 

Rec d the engrossed bill entitled "an act laying a tax of 1 cent pr. acre 
on the township of Montgomery," sent up for revision & concurrence 
&c. which being read it was Resolved to concur in passing the same 
into a Law. 

Rec d the following bills — "An act reviving a tax of 2 cents pr acre on 
the town of Worcester — An act laying a tax on the town of Glover," 
with an order of the house on each referring the same to the land tax 
Committee — which being read Resolved to concur in said reference. 

Rec d notice from the General Assembly that they have concurred in 
the proposal of amendment made by the Gov. & Council to the bill en- 
titled " an act authorizing the executors of Edmund Blake [ Edward 
Blake Jr.] to Convey lands," & that the same has become a law as 
amended. 

Adjourner 1 to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d the engrossed bill entitled "an act authorizing the removal of 
Wm. Thayer & John Darby to Danville in [the] County of Caledonia," 
sent up for revision & concurrence &e. which being read Resolved to 
concur in passing the same into a Law. 

Rec d the Communication made by his Excellency to the house, on 
the subject of Mr Burnside's request, with an order of the house refer- 
ring the same to the joint Committee on that part of His Excellency's 
Speech which relates to Education— which being read it was Resolved 
to concur in said reference. 

Rec d the ace*- of Solomon W. Burke with an order of the house to 
refer the same to the joint Comm ee of Claims. — Concurred in said ref- 
ence. 

Rec d the bill entitled an act in addition to an act for the probate of 
Wills &c. with an order to refer the same to the judiciary Committee — 
which being read Resolved to concur in said reference. 

Rec d a resolution of the house instructing the judiciary Committee to 
enquire into the expediency of altering the laws relative to jails & jail- 
ers— which being read Resolved to concur in the same. 

Rec d the bills, one for the release of poor debtors whose crimes dis- 
qualify them from taking the poor debtor's oath, — one for the better or- 
ganizing the County Courts — with an order of the house on each refer- 
ring the same to the judiciary Committee — which being read it was Re- 
solved to concur in said reference. 



Governor and Council — October 1817. 199 

Rec d a bill to provide for the erection of a Bridge across Onion River 
in the town of Richmond, with an order to refer the same to the joint 
Committee on the resolution respecting Bridges, Highways &c. which 
being read Resolved to concur in said reference. 

Adjourned to 9 O'C. A. M. tomorrow. 



Tuesday October 28, 1817. 9 O'C. A. M. 

Gov. & Council met pursuant to adjournment. 

The Governor & Council now proceeded to the Representatives' room 
agreeably to adjournment to complete the Appointment of County & 
other officers, & after progress, the joint Com ee adjourned to 2 O'C. P. 
M. tomorrow. The Gov. & Council thereupon returned to their Cham- 
ber. ■ 

Rec d a bill for the relief of Reuben Hawkins & W. W. Hawkins with 
an order to refer the same to the Com" of insolvency, which being read 
Resolved to concur in said reference. 

Rec d from the house the following engrossed bills sent up for revision 
& Concurrence &c. Viz. "An act reviving an act laying a tax of 4 cents 
pr acre on Salem in the County of Orleans; An act altering the name 
of Justin Healy Herriman to that of Justin Healy Brown; An act author- 
izing the laying out & surveying anew the Stage road through the town 
of S wanton; An act for the benefit of the overseers of the poor of Danby ; 
An act freeing the body of Timothy Pearl from arrest or imprisonment 
for the term of five years; An act freeing the body of Polly Foster from 
arrest; An act making the necessary appropriations for the present year 
& for other purposes; An act for the relief of Timothy Matthews; An 
act appointing a Com ee to lay out a public road from the middle of Cov- 
entry to Canada Line; An act appointing a Committee to lay out a 
County road from the South end of Lake Memphramagog to the South 
line of Elmore; An act appointing a Committee to lay out a road from 
Holland &c; An act incorporating & establishing an Academy in Ar- 
lington; An act laying a tax of 4 cents pr. acre on the town of Newport 
late Duncansboro'; An act laying a tax of 3 Cents pr. acre on Lyndon; 
An act constituting a Company of Riflemen in the towns of Cavendish 
& Ludlow in the County of Windsor; An act appointing a Committee 
to lay out the 2 d division of land in Sandgate ; An act granting relief to 
an infirm indian by the name of Joseph ; a An act directing the Treas- 
urer to pay Eli Austin the sum therein mentioned;" all which said bills 
were severally read & Resolved to concur with the Gen 1 - Assembly in 
passing the same into Laws. 

Rec* the engrossed bill entitled "an act to provide for laying out & alter- 
ing the County road from Bellows Falls in Rockingham" &c. which was 
sent up for revision & Concurrence &c. & being read was passed with 
certain proposals of amendment & Mr Doolittle was appointed to assign 
the reasons to the house. 

*The following elections were made: Benjamin Swan, Wyllys Hall 
jr. and Thomas Hammond, Directors of the Vermont State Bank; Jabez 
Delano, Supt. of the State Prison; Wyllys Hall jr. Auditor of Accounts; 
Elder Clark Kendrick of Poultney to preach the then next election sermon, 
and Elder Joseph Elliott of Rockingham substitute; Caleb Hendee jr. 
Surveyor General; and James Q. M c Farland, Quarter Master General. 

1 See Vol. v, p. 262, note. 



200 Governor and Council — October 1817. 

Kec d the engrossed bill entitled "an act for the relief of the Fairhaven 
Turnpike Company," which being read it was resolved not to concur in 
passing the same & the bill was returned to the General Assembly with 
the reasons of nonconcurrence. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met. 

The petitions of Silas Lovell, Henry Gould, John Merriam & Walter 
Sessions were read with an order of the house on the same referring 
them to the Committee of insolvency, which were read & Resolved to 
concur in said reference. 

Rec d a bill for incorporating the President, Directors & Company of 
the Bank of Windsor, with an order to refer the same to a Com ee of 4 to 
join— which being read & [it was] Resolved to concur in said reference 
& Mr Butler was app d - 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday October 29, 1817. 9 O'C A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the following engrossed bills sent up for revision & Concurrence 
&c. Viz. u An act establishing the jurisdictional line between Fairfield 
& Bakersfield ; An act for the relief of Elisha Kingsley; " which were 
severally read & Resolved to concur in passing the same into Laws. 

Adjourned to 2 O'C. P. M, 

2 O'C. P. M. — Governor & Council met pursuant to adj*- 

Rec d the engrossed bill ent d "an act laying a tax of 4 Cents pr. 
acre on Topsham," sent up from the house for revision & Concurrence 
&c. which being read Resolved to concur in passing said bill into a Law. 

The Governor & Council met the Gen 1 - Assembly in the Representa- 
tives' room to complete the election of County officers & Chief Judge of 
the Supreme Court, which being completed the joint Com ee dissolved 
& the Gov. & Council returned to their Chamber & adjourned the Coun- 
cil till 9 O'C. A. M. tomorrow, 1 



Thursday October 30, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d from the house the following bills, — "An act in addition to an act 
to prevent the continuance of certain nuisances; An act relating to jails 
& jailers;" with an order of the house to refer the same to the judiciary 
Com ee « which being read Resolved to concur in said reference. 

Rec d the bill entitled an act to revive an act laying a tax on Parker's 
gore, with an order of the house to refer the same to the joint Land tax 
Com ee ; which was read & concurred to refer. 

The petition of William M. Parker, a Convict of State's prison.praying 
for a pardon, [was considered,] which being read Resolved to grant the 
same so far as to remit the fine & costs. 

Rec d from the house the following engrossed bills, sent up for revision 
& concurrence &c. — "An act incorporating certain persons therein 
named by the name of Lamoille Bridge Company; An act to incorpo- 
rate the Second Brattleboro Aqueduct Company; An act establishing 
an Academy in the East Village of Bennington in the County of Ben- 

1 Hon. Dudley Chase of Randolph was eleeted Chief Justice. 



Governor and Council — October 1817. 201 

nington; An act for the relief of David L. Fowles; An act to alter the 
name of George Henry Allen to George Henry Chase; An act appro- 
priating the rents of lands granted for the support of Grammar Schools 
in the County of Windsor; An act authorizing the Town Clerk of Bar- 
ton County of Orleans to transcribe certain records; An act for the re- 
lief of Samuel Gale; An act authorizing the administratrix of Francis 
Davis Deceased to deed lands; An act authorizing the administrator of 
the estate of Ja 8 - Nichols deceased to deed lands; An act authorizing 
Nancy Allen adm x - de bonis non on the estate of Levi Allen to deed 
lands; An act to remedy a mistake in the act granting a tax of 3 cents 
pr. acre on land in Northfield; An act for the relief of Solomon Powell; 
An act in addition to an act constituting a Company of Riflemen in the 
town of Middlebury; An act altering the name of John Allen to that of 
Peter Wilcox; An act directing the treasurer to pay Edward Fifield the 
sum therein mentioned;" which said bills were severally read & it was 
Resolved to concur in passing the same into laws. 

The engrossed bill entitled " an act to incorporate the Philo Harmonic 
Society in Brattleboro'," sent up for revision & concurrence &c. was read 
& nonconcurred & the reasons in writing sent to the Gen 1 - Assembly. 

Rec d a resolution directing the members of the County of Rutland to 
take into consideration the expediency of altering the times of holding 
the County Courts in said County, — read & concurred. 

Rec d the votes [proceedings & resolutions] of the town of Windsor in 
favor of a Bank with an order to refer the same to the Bank Committee, 
which were read & Concurred. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjourn 4 - 
Rec d the following engrossed bills sent up from the house for revision 
& Concurrence &c. Viz. — "An act directing the treasurer to pay Alex r - 
tiutchinson the sum therein mentioned; An act directing the Treasurer 
to pay Solomon W. Burke the sum therein mentioned;" which were sev- 
erally read & Resolved to concur in passing the same into laws. 
Adjourned to 9 O'C. A. M. to morrow. 



Friday October 31, 1817. 9 O'C. A. M. 

The Gov. & Council met pursuant to adjournment. 

Rec d a resolution directing the Military Com ee to enquire into the 
expediency of appointing a I> Col. of Squadron of Cavalry in 1 st Divi- 
sion of Militia. Concurred. 

Mr Peaslee excused pro tempore. 

Rec d from the house the engrossed bill entitled an act making appr9- 
priations for the benefit of the State's prison, sent up for Concurrence 
&c. which being read Resolved to concur in passing the same with pro- 
posals of amendment. — Mr Butler appointed to assign the reasons &c. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

His Excellency the Governor directed the following Communication 
to be sent to the House of Representatives, — 

Hon 1 - William A. Griswold, Speaker of the House of Representatives : 
Sir, — Permit me through you to communicate to the Gen 1 Assembly 
that the Hon 1 Heman Allen, one of the Representatives elect from this 
State to the Congress of the United States, has communicated to me his 
intentions to resign his seat in Congress after the close of the ensuing ses- 
sion thereof. There being no provision in the existing laws for filling 



202 Governor and Council — November 1817. 

any vacancy that may happen by resignation or otherwise, I would suggest 
therefore the propriety of providing by law for filling any vacancies that 
may happen. I am, Sir, &c. Jonas Galusha. 

Rec d the bill entitled an act reviving an act laying a tax of 2 cents pr 
acre in the town of Wolcott, with an order to refer the same to the joint 
land tax Com ee — which being read concurred to refer. 

Rec d the bill for the relief of Chelsea Turnpike Company, which 
was read with an order to refer the same to the joint Turnpike Committee 
— whereupon Resolved to concur in said reference. 

Rec d a resolution of the house directing the Secretary of State to pre- 
sent the [American] Antiquarian Society with copies of the public & 
private acts of this State — which was read [and] Resolved to concur in 
passing said resolution. 

Rec d the bill freeing the body of Anthony Jones from imprisonment 
for the term of five years, with an order to refer the same to the joint 
Committee of insolvency, which was read & Resolved to concur in said 
reference. 

Rec d from the house the following engrossed bills sent up for revis- 
ion & Concurrence &c. — " An act granting relief to the town of Read- 
ing; An act laying a tax of 3 cents pr acre on the town of Morristown ; 
An act for the relief of Jon a - Kendall; An act altering the times of hold- 
ing the sessions of the County Courts in the County of Rutland;" which 
were severally read &Resolved to concur in passing the same into Laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Saturday Nov. 1, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjourn*- 

Rec d the petition of Ziba Crocker with an order of the house refer- 
ring the same to the joint Committee of insolvency — which being read 
Resolved to concur in said reference. 

Rec d the petition of Inhabitants of Mountholly with an order of the 
house to refer the same to the joint Military Committee — which was 
read & Resolved to concur in said reference. 

Rec d the bill directing the Treasurer to pay Joshua Y. Yail the sum 
therein mentioned with an order to refer the same to the joint Commit- 
tee of Claims, which was read & Concurred to refer. 

Rec d the following engrossed bills sent up from the House for revis- 
ion & Concurrence &c. — " An act directing the Treasurer to credit the 
town of Newark the sum therein mentioned; An act freeing the body 
of Rufus Campbell from arrest & imprisonment for the time of five years; 
An act laying a tax of 3 cents per acre on the town of Brunswick ;" 
which being read Resolved to concur in passing the same into laws. 

Rec d his Excellency's Communication respecting the intended resig- 
nation of Hon 1 - H. Allen, Representative elect in Congress, with an 
order to refer the same to the judiciary Committee — which being read 
Resolved to concur in said resolution. 

Rec d information that the General Assembly had concurred in the 
proposals of am*- to the bill making appropriations for the benefit of the 
State's prison. 

Resolved to nonconcur in passing the bill entitled an act constituting 
the Supreme Court of Judicature & County Courts &c. Mr Butler <& 
Mr Doolittle app d to assign the reasons to the house. 

Adjourned to 2 O'C. P. M. 



Governor and Council — November 1817. 203 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d from the House the following engrossed bills, sent up for revis- 
ion & Concurrence &c. "An act altering the time of holding the ses- 
sion of the County Courts in the County of Essex; An act directing the 
Treasurer to pay Micajah Ingham the sum therein mentioned; An act 
for the relief of Henry Gould;" which were severally read & Resolved to 
concur in said bills & that the same become laws. 

Adjourned to 8 O'C. A. M. Monday next. 



Monday Nov. 3 d > 1817. 8 O'C. A. M. 

Governor & Council met pursuant to adjourn*- 

Ordered by the Governor that the following Communication be sent 
to the Gen 1 - Assembly: 

To the Hon 1 - William A. Griswold Speaker of the Gen 1 - Assembly : 
Sir, — The Gen 1 - Assembly are informed that in consequence of the 
acceptance of the office of Chief Judge of the Supreme Court by the 
Hon 1 - Dudley Chase, who was recently elected to that office, he has 
resigned his seat in the Senate of the United States for the remainder of 
the term for which he was appointed. 

Also that the Hon 1 - William A. Palmer has declined the acceptance of 
his appointment of l 8t Side Judge of the Supreme Court. 

Also that Major Gen 1 - William Cahoon has resigned his office of Major 
Gen 1 - of the 4 th division of Militia of this State. 

The Gen 1 - Assembly will please to take proper measures to fill the va- 
cancies thus occasioned. I am &c. Jonas Galusiia. 

Rec d - a bill to provide for erecting a Bridge across Otter Creek [in 
Yergennes ;] An act relative to building & maintaining a Bridge across 
Onion River in the town of Richmond; An act relative to building & 
maintaining a Bridge in Barnet — with an order to refer the same to the 
joint Committee on the resolution respecting bridges & highways, which 
were read & Resolved to concur in said reference. 

Rec d the engrossed bill entitled " an act laying a tax on the town of 
Glover," sent up for revision & Concurrence &c. which was read & Re- 
solved to concur in passing the same into a Law. 

Rec d the engrossed bill entitled "an act in addition to an act defining 
what shall be deemed & adjudged a legal settlement &c." — which was 
read & Concurred with proposals of amendment. — Mr Butler appointed 
to assign the reasons of Council to the House. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d a resolution of the house appointing 2 O'C. P. M. this day a time 
for both houses to meet to elect a Judge of the Supreme Court, [and] a 
Major Gen 1 - for the 4 th Division. Also a resolution appointing 2 O'C. P. 
M. this day for both houses to meet to elect a justice of the peace for the 
County of Addison & other justices — which were read & Resolved to 
concur with an amendment erasing " 2 O'C. P. M. this day" & insert " 10 
O'C. A. M. to morrow" 

Mr. Adams of the House came into Council Chamber & informed the 
Gov. & Council that the Genl. Assembly had concurred in the proposals 
of amendment to the above resolutions. 

Adjourned to 9 O'C. A. M. tomorrow. 



204 Governor and Council — November 1817. 

Tuesday Nov. 4, 1817. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d a bill from the House for the encrease [to promote the breed of] 
Sheep, with an order thereon referring the same to the joint Com ee of 
Agriculture — which being read Resolved to concur in said reference.. 

Rec d the engrossed bills sent up for revision & concurrence &c. Viz. 
" An act appointing a collector for the town of Orwell ; An act reviving 
& continuing in force an act therein mentioned ;" which were severally 
read & the same were passed into Laws. 

Rec d the engrossed bill entitled an act in addition to an act constitut- 
ing the Supreme Court of Judicature &c. sent up for concurrence &c. 
which being read Resolved to nonconcur in said bill & the reasons of 
Council therefor were sent to the Genl. Assembly in writing. 

Governor & Council met the house in joint Committee to elect officers 
agreeably to a concurrent resolution &c. when the following officers were 
elected— Robert Temple Esqr was elected first Side judge [of the Su- 
preme Court] & Lovell Hibbard Major Gen 1 - for the 4 th division. 

Rec d an engrossed bill entitled an act appointing a board of Commis- 
sioners for the purposes therein mentioned, which was sent up for revis- 
ion & concurrence &c. which being read Resolved to concur in passing 
the same into a Law with proposals of amendment. — Mr Doolittle ap- 
pointed to assign the reasons. 

Rec d notice that the Gen 1 - Assembly had Concurred in the proposals 
of amendment made by the Governor & Council to the engrossed bill 
entitled an act to provide for laying out & altering the County road from 
Bellows Falls &c. 

Voted that the Surveyor of public buildings be directed to secure 
books, maps & papers of the S»tate in good boxes for safe keeping. 

The ballots being taken, sorted & counted for a Surveyor of Public 
Buildings for the year ensuing, it appeared that Joshua Y. Vail had a 
majority of the Councillors present, [and he] was declared duly elected. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d a resolution apps 3 O'C. P. M. this day a time for both houses to 
meet in their respective houses [rooms] to elect some suitable person as 
a Senator &c. & for both houses to meet in joint Committee immediately 
thereafter in the representatives' room & compare said ballots— which 
said resolution being read Resolved to concur in passing the same. 

Rec d the engrossed bill entitled "an act directing the Treasurer to pay 
Joshua Y. Vail the sum therein mentioned," sent up for revision & 
concurrence &c. which was read & Resolved to concur in passing the 
same into a Law. 

Mr Loomis of the House came into Council Chamber & gave notice 
that the House had convened & were ready to proceed on their part to 
ballot for a Senator. Ordered that the Secretary give notice to the Gen 1 
Assembly that the Governor & Council were now ready to proceed to 
ballot for some person as Senator &c. on their part — which notice was 
given to the Gen 1 - Assembly accordingly. 

Resolved that the Governor & Council do now proceed to ballot for 
some suitable person to represent this State in the Senate of the United 
States in the room of the Hon 1 Dudley Chase who has been elected to 
the office of Chief Judge of the Supreme Court. 

The Ballots being taken, sorted & counted, it appeared that the Hon. 
James Fisk had a majority of the ballots of Council. 

Mr Edmond of the House came into Council Chamber & informed the 
Governor & Council that the General Assembly had proceeded to give 



Governor and Council — November 1817. 205 

their ballots for a Senator &c. & were now ready to meet the Governor 
& Council in the Representatives' room to compare ballots given by the 
respective houses. 

The Governor & Council then proceeded to the Representatives' room 
& there met the House in joint Committee to compare the ballots given 
for a Senator as afores d by the respective houses — & on comparing the 
proceedings of both houses it appeared that they both agreed in their 
respective ballots— That the Hon. James Fisk had a majority of the 
ballots in each of the two houses, & he was declared duly elected ; the 
Governor & Council then returned to their Chamber & resumed the 
consideration of business. 

Rec d the preamble & Resolution from the State of Kentucky proposing 
an amendment to the Constitution of the United States, that no law 
varying the compensation of Members of Congress &c. with a resolution 
of the House declaring it inexpedient to adopt said proposed amendment 
— which being read Resolved to concur in said resolution of the house. 1 

Adjourned to 9 O'C. A. M. tomorrow. 



Wednesday Nov. 5, 1817. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d notice that the Gen 1 Assembly had concurred in the proposals 
of amendment to the bill appointing a board of Commissioners, & to the 
act relating to the settlement of paupers. 

Rec d from the House the following engrossed bills sent up for revis- 
ion & concurrence &c. & which were passed : "An act directing the 
Treasurer to pay Daniel Goss the sum therein mentioned ; An act in 
addition to an act for the probate of wills &c. ; An act to legitimatize 
an illegitimate son of Joshua Quinton ; An act assessing a tax for the 
support of Government ; An act assessing a tax on the County of Wind- 
sor; An act directing the Treasurer of the State to pay the sums therein 
mentioned ; An act appointing committee to lay out a County road from 
Burke to Lyndon Meeting house ; An act appointing a committee to lay 
out a road as therein mentioned ; An act in addition to an act entitled 
an act directing the mode of taking inquisition on the body of a person 
found dead ; An act reviving a tax of 2 cents per acre on Worcester." 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the engrossed bill entitled an act relating to the liabilities of 
Sheriffs & High Bailiffs, which was sent up for revision & concurrence 
&c. which being read it was Resolved to concur in passing the same with 
proposals of amendment & Mr Butler was appointed to assign the 
reasons. 

Rec d the following engrossed bill sent up for revision & concurrence 
&c. — An act laying a tax on the County of Essex," which being read 
Resolved to concur with the Gen 1 - Assembly in passing the same into 
a Law. 

Rec d the engrossed bill entitled "an act directing the Treasurer to pay 
Harvey Scott the sum therein mentioned," sent up for revision & Con- 
currence &c. which was read & nonconcured & the reasons therefor in 
writing sent down to the House. 

Rec d the engrossed bill entitled "an act directing the Treasurer to pay 
Clapp Bolls «& Samuel Buttterfield the sum therein mentioned," sent up 

1 See Appendix C. 



206 Governor and Council — November 1817. 

for revision & Concurrence &c. which was read & passed with proposals 
of amendment. — Mr Butler appointed to assign the reasons to the house. 

Rec d the engrossed bill entitled " an act laying a tax on the County of 
Washington," sent up for revision & Concurrence &c. which was passed 
with certain proposals of amendment. — Mr Butler appointed to assign 
the reasons to the house. 

Mr Butler on motion & leave introduced the bill entitled " an act 
granting the privilege to the Inhabitants of Washington County to build 
a court house on the State house Common," which was read & passed & 
ordered to be sent to the Gen 1 - Assembly for concurrence. 

Rec d the engrossed bill entitled "an act in addition to an act directing 
the proceedings against the trustees of concealed & absconding debtors, 
which was read & passed with proposals of amendment. Mr Fay was 
appointed to assign the reasons to the House. 

Rec d the engrossed bill entitled "an act incorporating the President, 
Directors & Company of the Bank of Windsor," sent up for revision & 
concurrence &c. which was read & on the question Shall the bill be non- 
concurred ? the Yeas & Nays were called for & taken as follows : Yeas, 
Gov. Brigham, Messrs. Fay, Crawford, Smith, Hammond, Doolittle, 
Peaslee, Butler, Chittenden, Bliss, Cahoon ; Nays, Messrs. Keyes & 
Stanley. So the bill was nonconcurred. 

Rec d the engrossed bill entitled "an act incorporating the President & 
Directors of the Bank of Burlington," which was sent up for revision & 
Concurrence &c. & on the question Will the Governor &j Council non- 
concur the Bill ? the Yeas & Nays were called for & taken as follows — 
Yeas, Gov. Brigham, Messrs. Fay, Crawford, Smith, Hammond, Doolit- 
tle, Peaslee, Butler, Chittenden, Bliss & Cahoon — Nays, Messrs. Keyes 
& Stanley — So the Bill was nonconcurred. The reasons for nonconcur- 
rence to the two foregoing bills were sent down to the house in writing. * 

Rec d the engrossed bill entitled "an act constituting the Supreme 
Court of Judicature, in addition thereto," sent up for revision & concur- 
rence & proposals of amendment, which was read & passed with propo- 
sals of amendment. .Mr Fay appointed to assign the reasons. 

Adjourned to 8 O'C. A. M. to morrow. 



Thursday November 6, 1817. 8 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr Keyes for reasons stated resigned his seat in Council. 

Mr Edmond of the House returned to the Governor & Council the 
bill entitled "an act relating to the liability of Sheriffs & High Bailiffs, ' 
which had been sent down from the Council with proposals of amend- 
ment in which the house had nonconcurred — whereupon Resolved to 
suspend the passing of said bill until the next session of the General 
Assembly. 

Rec d a resolution of the Gen 1 - Assembly appointing 3 O'C. P. M. this 
day for both houses to meet in joint Committee to elect a Brigadier 

1 The Burlington bill originally passed the House 82 to 73 ; but on 
receiving the Council's reasons for nonconcurrence the bill was rejected, 
69 to 66. The Windsor bill was passed a second time, against the ob- 
jections of Council, 71 to 55, and the Council concurred in this bill with 
amendments, which the House agreed to. For the act, which contained 
stringent provisions, see printed Laws of Vermont, 1817, p. 127. 



Governor and Council — November 1817. 207 

Gen 1 - of the 1 st Brigade & 4 th division of Militia of this State in the room 
of Gen 1 - L. Hibbard promoted— which was read & Kesolved to concur in 
said resolution. 1 

Rec d from the house the following engrossed bills, sent'up for revis- 
ion & concurrence &c. — "An act in addition to an act incorporating 
certain persons by the name of the Centre Turnpike Company; An act 
appointing a Collector for the town of Whitingham; An act in addition 
to an act authorizing the inhabitants of towns &. other corporations to 
maintain & defend suits at law &c; An act to incorporate the Vermont 
lead refining & manufacturing Company;" which were severally read & it 
was Resolved to concur in passing the same into laws. 

Mr Clark of the house appeared in Council Chamber & returned the 
engrossed bill entitled " an act directing the proceedings against trus- 
tees of concealed debtors," which had been sent down to the house with 
proposals of amendment, in which the house had nonconcured, & Mr 
Clark assigned the reasons — whereupon Resolved to rescind from the 
said proposals of amendment & that the bill pass & become a law. 

Rec d the following engrossed bills sent up for revision & Concurrence 
&c. — "An act to amend an act in addition to an act ascertaining the 
principles on which the list of this State is made &c; An act in addition 
to an act defining the powers of Justices of the peace; An act to alter 
an act for regulating & governing the militia ot this State" — which were 
read & passed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

The following resolution was introduced by Mr Fay : Resolved, the 
Gen 1 - Assembly concurring herein, that both houses meet in the repre- 
sentatives' room at 7 O'C. A. M. tomorrow for the purpose of adjourning 
the legislature without day, & that all business that shall remain unfin- 
ished at that time shall be referred to the next session of the Gen 1 
Assembly — which was sent down to the house. Rec d notice that the 
Gen 1 - Assembly had concurred in the above resolution. 

Rec d from the House the following engrossed bills, sent up for revis- 
ion & concurrence &c— " An act directing the treasurer to pay John 
Haynes the sum therein mentioned; An act in addition to an act for 
electing Representatives to the Congress of the United States &c; 
An act in addition to an act for the regulation of Manufacturing Com- 
panies &c. ; An act for the removal of Samuel Durkee to the State's 
prison; An act to promote the breed of Sheep & preserve the different 
breeds distinct; An act directing the treasurer to pay John P. Clough 
the sum therein mentioned;" which said bills were severally read & Re- 
solved to concur in passing the same into Laws. 

Rec d from the house the amendment to the Constitution of the United 
States proposed by the State of Massachusetts, with a resolution of the 
house adopting the same, which said resolution was nonconcurred — 
whereupon Resolved that it is inexpedient to adopt said proposed amend- 
ments & said resolution was sent to the Gen 1 - Assembly for concurrence. 1 

Rec d the following engrossed bills sent up for revision & concurrence 
&c. — "An act in addition to an act relating to jails & jailors; An act 
granting relief to Ziba Crocker;" which were severally read & Resolved 
to concur in passing the same into Laws. 

Rec d the engrossed bill entitled an act directing the treasurer to pay 
Harvey Scott the sum therein mentioned, which was nonconcurred in 
Council & sent to the House by whom it was again passed. It was now 
taken up & Resolved to concur in passing the same. 

1 Samuel Lilley was elected. ■ See Appendix C. 



208 Governor and Council — November 1817. 

Rec d the engrossed bill entitled " an act repealing a part of an act en- 
titled an act laying duties on licenses for selling wines " &c, which was 
nonconcurred & the reasons were assigned & sent to the Gen 1 - Assembly. 

Resolved to advize His Excellency the Governor & he is hereby ad- 
vized to appoint the third Wednesday in April next to be observed as a 
day of public fasting & prayer throughout this State. 

The vote of concurrence to the bill entitled " an act for the relief of 
Ziba Crocker " rescinded and the bill nonconcurred & the reasons for 
nonconcurrence sent to the house. 

Rec d the engrossed bill entitled " an act to provide for reports of the 
decisions of the Supreme Court," which was sent up for revision & con- 
currence &c. was now read & Resolved to nonconcur in passing the same 
& the reasons in writing were sent down to the house. 

Mr Loomis of the house came into Council Chamber & returned the 
bill entitled " an act repealing a part of an act laying duties on licenses 
for selling wines " &c. which the house had again passed & sent up again 
for concurrence &c. which was again read & Resolved to concur in pass- 
ing the same into a law. 

Rec d the engrossed bill establishing a Bank at Windsor which had 
been nonconcurred in Council— which was now returned to Council 
passed by the house — which being read it was passed with several pro- 
posals of amendment & sent to the house. Rec d notice that the House 
had concurred with the said amendments. 

Rec d notice that the house had concurred in the resolution of Council 
respecting the amendment to the Constitution of the United States pro- 
posed by the State of Massachusetts. 

Rec d the engrossed bill entitled an act relating to jails & jailers sent 
up for revision & concurrence &c. which was passed with proposals of 
amendment & sent to the house for concurrence. Mr Butler assigned 
the reasons. 

Adjourned to 7 O'Clock to morrow morning. 



Friday Nov. 7, 1817. 7 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

On motion & leave Mr Fay introduced the following Resolution — 

Resolved that the Governor & Council entertain the highest sense of 
respect for the personal character of the Hon 1 - Elias Keyes, for his mer- 
itorious services as a member of this Council for a great number of 
years, & for the zeal, patriotism & persevering exertions he has ever ex- 
hibited in promoting the good of his fellow citizens. 

Ordered that the Secretary present a copy of the above resolution to 
the Hon 1 - Elias Keyes. 

The Governor & Council pursuant to the concurrent resolution of 
both houses proceeded to the representatives' room & after an address 
to the throne of grace was pronounced by the Reverend Chaplain, the 
General Assembly was adjourned without day. 

I hereby certify that the foregoing from page 389 to 480 inclusive 
[of the manuscript Council Journals, Vol. 7,] is a true journal of the pro- 
ceedings of the Governor & Council at their October Session A. D. 1817. 

R. C. Mallary, Secretary. 



Governor and Council — November 1817. 209 



RECORD OP THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT MONTPELIER NOVEMBER 7, 1817. 



State of Vermont ss. — A Journal of the proceedings of the Gov- 
ernor & Council of said State at a Session begun & holden at Montpelier 
in said State on the 7 th day of November A. D. 1817 after the adjourn- 
ment of the Legislature of said State without day. 

His Excellency the Governor was pleased to issue the following no- 
tice to the Lt. Governor & the Hon 1 - the Members of Council — Viz. — 

u State of Vermont ss. — I, Jonas Galusha, Governor in & over the 
said State of Vermont, to His Honor Paul Brigham, Lt. Gov., Honora- 
ble David Pay, Theophilus Crawford, Pliny Smith, Thomas Hammond, 
Joel Doolittle, Daniel Peaslee, W m - Cahoon, Ezra Butler, Truman Chit- 
tenden, Frederick Bliss, & Timothy Stanley, Councillors in & for said 
State of Vermont— Greeting: — 

" You are hereby notifyed forthwith to attend in the Council Cham- 
ber at Montpelier in said State for the purpose of considering such mat- 
ters & things as may then & there be submitted for your consideration. 

" Montpelier Nov. 7, 1817. Jonas Galusha. 

" By His Excellency's Command, R. C. Mallary, Secretary.'''' 

Pursuant to the foregoing notice the Hon 1 - David Fay, Theophilus 
Crawford, Thomas Hammond, Joel Doolittle, Daniel Peaslee, William 
Cahoon, Timothy Stanley, Ezra Butler, Truman Chittenden & Frederick 
Bliss appeared in Council Chamber & a quorum being formed His 
Excellency the Governor gave information that Robert Temple Es- 
quire, who had been elected to the office of first Side Judge of the 
Supreme Court, had declined accepting that office.— Therefore Resolved 
to proceed to fill the vacancy thus occasioned. The ballots being taken, 
sorted & counted for first side judge of the Supreme Court, it appeared 
that the Hon 1 - Joel Doolittle had a majority of the ballots & was de- 
clared to be duly elected. 

The Hon 1 - Joel Doolittle appeared in Council Chamber & took the 
several oaths required by law as first side Judge of the Supreme Court. 

The foregoing from page 482 to 483 inclusive [of manuscript Council 
Journals, Vol. 7,] is a true journal of the proceedings of the Governor & 
Council at their Special Session begun & holden at Montpelier on the 
Seventh day of November 1817. 

Attest, R. C. Mallary, Secretary. 

Robert Temple was born in Braintree, Mass., in 1783, admitted to 
the bar of Rutland County in 1804, and settled in Castleton, removing 
subsequently to Rutland, where he died by his own hand October 7, 1834. 
He was Clerk of Rutland County Courts 1804 until 1819; Member and Sec- 
retary of the Council of Censors of 1813; and Secretary of the Gover- 
nor and Council 1820 until 1823. He was an admirable Secretary; and the 
fact that he was elected to a judgeship of the highest class at the age of 
14 



210 Biographical Notice. 

thirty-four, indicates that he was relied upon for more important qualifi- 
cations. Henry Hall of Rutland sketched him in 1870 as " the very able 
Robert Temple, of the same family as Lord Palmerston — like Gen. 
M c Clellan, a descendant of Gov. Bradford of the Mayflower — also a de- 
scendant of the good Godiva, wife of the Mercian Earl Leofric, the 
Saxon king-maker, one thousand years ago." The editor of these vol- 
umes remembers him as a large, well formed and well dressed gentle- 
man, and a leader among the members of fashionable society at Mont- 
pelier, who were accustomed in his day to come annually from the prin- 
cipal towns of the State at the opening of the legislature. Possibly if 
he had accepted the judgeship, his family and friends would have been 
spared the terrible shock which the cause and manner of his death occa- 
sioned. The family is now ably represented by an estimable officer in 
the navy, Capt. William G. Temple, who should have been honored 
in the centennial celebration of Rutland. — Vt. Hist. Magazine, Vol. in, 
titles Castleton and Rutland; Deming's Catalogue; and Vt. Legislative 
Directory, 1876-7. 



FORTY-SECOND COUNCIL 

OCTOBER 1818 TO OCTOBER 1819. 



Jonas Galusha, Shafts bury, Governor. 
Paul Brigham, Norwich, Lieut. Governor. 
Councillors : 



Ezra Butler, Waterbury, 
Frederick Bliss, Georgia, 
Pliny Smith, Orwell, 
William Cahoon, Lyndon, 
Truman Chittenden, Williston, 
Timothy Stanley, Greensboro', 



Daniel Peaslee, "Washington, 
Thomas Hammond, Pittsford, 
Theophilus Crawford, Putney, 
David Fay, Bennington, 
Aaron Leland, Chester, 
Abel Tomlinson, Vergennes. 



Rollin C. Mallary, Castleton, Secretary. 
Chapin Keith, Barre, Sheriff. 



BIOGRAPHICAL NOTICES. 

Aaron Leland was pastor of the Baptist church in Chester at its 
organization in 1788, and he continued pastor until his death in 1833, a 
period of forty-five years. He was an active and influential politician of 
the Jeffersonian school, and had great influence in his town, county, 
and indeed through the State. He represented Chester in the Consti- 
tutional Convention of 1814 ; and in the General Assembly 1801 until 
1808. 1809, 1810, and 1813, being Speaker of the House 1804 until 1808 r 
He was Councillor 1818 until 1822, Lieut. Governor 1822 until 1827, and 
Presidential Elector in 1820. "His portly appearance in person over- 
awed some, while his light and airy deportment sometimes displeased 
others." He was indeed so fat that he could neither put on nor take off his 
boots, and was as cheerful as fat — "a jolly Governor." But he had 
sterling qualities of character. Accustomed for many years to use 
alcoholic liquors freely, he joined in the early temperance movement 



212 Governor and Council — October 1818. 

both by word and deed. Called to administer the rite of baptism, he 
became chilled, and was urged to protect himself by stimulants. "No," 
said he, "I will die first." And he did die on the third day thereafter* 
The editor had this anecdote from the late Doct. Julius Y. Dewey of 
Montpelier. The famous hotel men of the name of Leland are of the 
elder's family. — Thompson's Vermont, article Chester; Deming's Cata- 
logue; and Vt. Legislative Directory 1876-7 . 

Abel Tomlinson was High Sheriff of Addison County 1819 until 1824* 
At the State election a " People's Ticket " was run in opposition to the 
regular Jeffersonian ticket, and Mr. Tomlinson of the people's prevailed 
over John Willard of the regular ticket. Mr. Tomlinson was a Repub- 
lican, and was re-elected in 1819. — Swift's History of Addison County; 
and Deming's Catalogue. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT MONTPELIER, 

October 1818. 



State of Vermont, ss. — A Journal of the Proceedings of the Gov- 
ernor & Council of the State of Vermont begun & held at Montpelier in 
Said State on the Second thursday of October A. D. 1818, being the 8 th 
daj r of said month. Present, His Excellency Jonas Galusha Governor, 
His Honor Paul Brigham Lt. Governor, The Honorable Pliny Smith, 
William Cahoon, Timothy Stanley, Thomas Hammond, Frederick Bliss, 
David Fay, Truman Chittenden, Theophilus Crawford of the Council — 
Rollin C. Mallary Secretary — Chapin Keith Esqr. Sheriff of Washington 
County. 

Mr Buck of the Gen 1 - Assembly came into Council Chamber & gave 
notice that the house had organized by choosing a Speaker & Clerk 
pro tempore & were ready to receive any communication that the Gov- 
ernor & Council might think proper to make. Ordered that the Secre- 
tary inform the General Assembly that the Governor & Council had 
convened & were ready to receive any communication that the General 
assembly might be pleased to make. 

Resolved to proceed to the appointment of a committee to receive, 
Sort & Count the Votes for Governor, Lt. Governor, Treasurer, & Coun- 
cillors for the Year ensuing — Messrs Fay, Cahoon, Smith, Chittenden & 
Stanley were duly appointed & Sworn to the faithful discharge of their 
duty. 

Mr Woodbridge of the House came into Council Chamber & gave 
notice that the General Assembly had on their part appointed the Can- 



Governor and Council — October 1818. 213 

vassing Committee. — Ordered that the Secretary inform the General 
Assembly that the Governor & Council had on their part appointed the 
Canvassing Committee— which was done accordingly. 
Adjourned to 4 O'C. P. M. 1 

4 O'C. P. M. — Governor & Council met pursuant to adj*- 

Mr Haight of the House came into Council Chamber & gave notice 
that the General Assembly had convened & were ready to meet the 
Governor & Council to heaf the report of the Canvassing committee. — 
Ordered that the Secretary inform the General Assembly that the Gov- 
ernor & Council will immediately attend in the Representatives' room 
to hear the report of the Canvassing Committee — which service was 
performed. 

The Governor & Council attended in the Representatives' room 
agreeably to the above notice when the following report of the Canvas- 
sing Committee was read, Viz. 

"To the Honorable General Assembly now Sitting — The committee 
appointed to receive, sort & count the votes for Governor, Lt. Governor, 
Treasurer & Councillors for the Year ensuing Do report & declare that 
His Excellency Jonas Galusha is elected Governor, His Honor Paul 
Brigham Lt. Governor, and Benjamin Swan Treasurer, & that the Hon- 
orable David Fay, Pliny Smith, Thomas Hammond, Aaron Leeland 
[Leland,] Abel Tomlinson, Theophilus Crawford, Daniel Peaslee, Tru- 
man Chittenden, Ezra Butler, William Cahoon, Frederick Bliss & Tim- 
othy Stanley are elected Councillors for the Year ensuing. 

David Fay Chairman. 
John H. Cotton Clerk.'' 1 

Whereupon the Governor & Council returned to their Chamber & 
adjourned to 9 O'C A. M. tomorrow. 2 

^The election sermon was preached by Rev. Clark Kendrick. 
2 The votes for Governor were as follows : Jonas Galusha 15,243 ; 
scattering 749. 

On canvassing the votes for Governor &c. the present session, it was 
found that a considerable number of the votes were printed. A question 
arose before the canvassing committee, whether by the constitution they 
could be counted — considerable debate arose — but on examining the 
constitution, it was decided by a large mojority, to reject the printed 
votes. — Northern Sentinel of Oct. 16 1818. 

By the constitution, the freemen were required to bring in their votes 
for governor, &c. "with his name fairly written. 1 '' The Federalists had no 
party ticket in 1818, but generally voted for a State ticket headed by 
Gov. Galusha and Lieut. Governor Brigham, but otherwise embracing 
men of both parties. For the sixth Congressman there were four Re- 
publican candidates, receiving votes as follows : Orsamus C. Merrill 
6,955, William A. Griswold 6,908, Rollin C. Mallary 6,879, and Gen. John 
Peck of Waterbury 6,582. Mr. Merrill was returned and took his seat, 
which was successfully contested by Mr. Mallary. In the Vt. Hist. 
Magazine, Vol. I, p. 622, it is stated that Mr. Griswold was in fact 
elected, but did not claim the seat. 



214 Governor and Council — October 1 818. 

Friday October 9 th - 1818. 9 O'C. A. M. 

The Lt. Gov. & Council met pursuant to adjournment. Present His 
Honor Paul Brigham Lt. Gov. Of the Council The Hon. Messrs. Fay, 
Butler, Leland, Cahoon, Crawford, Hammond, Chittenden, Smith, Bliss 
& Stanley. 

Mr Luce of the House of Representatives came into Council Chamber 
& gave notice that the General Assembly had appointed their officers & 
were ready to receive communications from the Governor & Council. 
Ordered that the Secretary give information to the General Assembly 
that they had organized & were ready to receive any communication 
that the House might be pleased to make—which Service was performed. 

His Excellency ordered the Secretary to give notice to the House that 
he would attend in the representatives' room at 3 O'C. P. M. this day to 
take the oaths of office & make the Executive communication. 

Received a resolution appointing 4 O'C. P. M. this day a time for both 
houses to meet in joint Committee to elect a Chaplain for the present 
Session of the house, which being read Resolved to concur in passing 
the same. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met agreeably to adj*- 
The Governor & Council proceeded to the Representatives' room, when 
His Excellency the Governor took the Oaths of office & made the follow- 
ing Speech. 1 

Both houses being now together, they proceeded to elect a chaplain 
for the Legislature during the present session pursuant to the concur- 
rent resolution of both houses. The ballots being taken, sorted & 
counted, it appeared that the Rev d Clark Kendrick of Poultney was 
duly elected. The Governor & Council returned to their Chamber & 
adjourned to 9 O'C. A. M. tomorrow. 



Saturday October 10, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjourn*- 

The petition of Josiah Moore praying to have fine & costs remitted 
which had been settled by note settled by bail — read & Ordered to be 
dismissed. 

Rec d notice that agreeably to the rules of the house, the Gen. Assem- 
bly had appointed the following committees to join from Council, Viz. 
A committee of 4 to be denominated the Military Com 66 - A Com ee of 4 
denominated the Judiciary Com ee . A Comm ee of 4 denominated the com- 
mittee of Claims. A Com ee of 4 denominated the Turnpike Com ee - A 
Comm ee of 4 denominated the Com ee of Insolvency. A Comm ee of 4 de- 
nominated the Com ee of Manufactures. A Comm ee of 4 denominated 
the Com ee of Agriculture. A Comm ee of 4 denominated the land tax 
Com ee - A Com ee of 4 denominated the com ee of new trials. 

Mr Cahoon was appointed from Council on the Military committee. 
Mr Fay appointed on the Judiciary com ee - Mr Butler appointed to join 
Committee of Claims. Mr Bliss appointed to join the Turnpike com- 
mittee. Mr Smith appointed to join Comm ee of Insolvency. Mr Chit- 
tenden appointed on Com ee of Agriculture. Mr Crawford appointed on 
land tax com ee - Mr Leland on Com ee of New Trials. 

Received from the General Assembly the following petitions — The 
petitions of Jabez Delano — John Wilson, Samuel Foster, William Hix, 

1 See Appendix A. 



Governor and Council — October 1818. 215 

Joseph Sanford, Refine Weeks, Samuel Sumner, with an order of the 
House to refer the same to joint Com ee of insolvency — which said peti- 
tions were severally read & it was Resolved to concur in referring the 
same. 

Rec d from the house the petition of the Shrewsbury Artillery Com- 
pany, & of the Bennington County Artillery Company, with an order of 
the House to refer the same to the joint Military Committee, which 
being severally read Resolved to concur in said reference. 

Rec d the petition of the selectmen of Salisbury with an order to refer 
the same to the joint Com ee of Claims, which being read Resol'd to con- 
cur in said reference. 

The petitions of Poultuey Turnpike Company, of Waltham Turnpike 
Company & of the Green Mountain Turnpike Company with an order 
of the house on each referring the same to the joint Turnpike Commit- 
tee, which being read Resolved to concur in said reference. 

Received from the House the Petitions of Groton, Coit's Gore, Essex, 
Vineyard, Albany & of Eden each praying a land tax, with an order 
of the House on each referring the same to the joint Land tax Commit- 
tee, which being read Resolved to concur in the above reference of said* 
Petitions. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Received from the House a resolution appointing tuesday next at 4 
O'C. P. M. a time for both houses to meet in County Conventions for 
nominating County officers & that both houses meet in Representatives' 
room on Wednesday next at the opening of the house in the morning 
for the purpose of making said appointments, which was read & there- 
upon Resolved to concur in passing said resolution. 

Rec d from the House the petition of Kenny & Davis with an order to 
refer the same to a committee of two [to] join from Council — which 
being read Resolved to concur in said reference & Gov. Brigham ap- 
pointed to join. 

The Petition of Jacob Kent was rec d from the house with an order 
thereon referring the same to the Committee raised on the Petition of 
Kenney & Davis — which being read thereupon Resolved to concur in 
said reference. 

Rec d the petition of Jonathan Leverett with an order of the House to 
refer the same to a Com ee of 4 to join from Council, which being read 
Resolved to concur in said reference & Mr Bliss appointed. 

The Petition of James Harrington was rec d with an order to refer the 
same to the joint committee on the Petition of Jonathan Leverett — 
which being read Resolved to concur in said reference. 

The Petition of John S. Larabee was rec d with an order to refer the 
same to a com ee of 4 to join from Council — which being read Resolved 
to concur in said reference & Mr Bliss app d - 

The Petitions of Archibald Ferris & Samuel Strong were rec d with an 
order of the house to refer the same to the joint Committee on the peti- 
tion of John S. Larabee, which being read it was Resolved to concur in 
said reference. 

The petition of Adbniah Schuyler was rec d from the House with an 
order to refer the same to the [a] Committee of 4 to join, which was 
read & Resolved to concur & Mr Stanley appointed. 

Rec d the Petition of the Trustees of Brandon Academy with an order 
of the House to refer the same to a Committee of 2 to join— which being 
read Resolved to concur in said reference & Mr Stanley app d « 

Rec d the Petition of the Bail of Bennett Palmer with an order of the 



216 Governor and Council — October 1818. 

House referring the same to a Committee of three to join from Council, 
which being read Resolved to concur in said reference & Mr Cahoon 
app d - 

Rec d the petition of Amos Felton with an order of the house referring 
the same to a committee of 4 to join, which being read Resolved to con- 
cur in said Reference & Mr Cahoon was duly appointed on the part of 
Council. 

The Petition of Jabez Rogers was rec d with an order to refer the same 
to a committee of three to join from Council, which being read Resolved 
to concur in said reference & Mr Hammond was appointed. 

The Petitions of Thomas E. Williams— of Joseph Mills, were ree d with 
an order of the house to refer the same to the joint Committee, of insol- 
vency, which being read it was thereupon Resolved to concur in said 
reference. 

Rec d the Petitions of the Fairfax Artillery Company & of the Monroe 
rifle Company, with an order of the House on each referring the same 
to the joint Military Committee, which being read Resolved to concur 
in said reference. 

Rec d the Petitions of Eben Conant, Jonathan Fassett, of John Barns, 
with an order of the house to refer the same to the joint Committee of 
Claims — which being read Resolved to concur in said reference. 

The petition of Inhabitants of Ripton with an order of the House was 
rec d & on being read Resolved to concur in said reference. 

Adj d - to 9 O'C. A. M. Monday next. 



Monday October 12, 1818. 9 O'C. A. M. 

Gov. & Council met pursuant to adjournment. 

Hon. Abel Tomlinson Councillor elect came into Council Chamber 
took the oaths of office & entered upon the duties of his said office. 

His Excellency the Governor was pleased to appoint Rollin C. Mal- 
lary Secretary for himself & Council, who was duly sworn to the faithful 
discharge of the duties of his office. 

Rec d from the House the Petitions of Kirby, Berkshire, Hydepark, 
Belvidere, Sherburn, an act for a tax on Braintree — an act for a tax on 
Parker's gore — an act for a tax on Hardwicke — with an order of the 
House on each referring the same to the joint Land tax Committee — 
which were severally read & Resolved to concur in said references. 

The petitions of Martin Field & others — of Inhabitants of Brattleboro 
— of Brattleboro Artillery Company — of Militia officers for a revision of 
Militia laws; of the 4 th Company of Cavalry 1 Brigade 2 d Division with 
an order of the house on each referring the same to the Military [Com- 
mittee,] which were severally read & Resolved to concur in said refer- 
ence. 

Rec d the petition of John Stanly & others— Inhabitants of Poultney — 
Remonstrance of Inhabitants of Poultney — Pets, for a Turnpike in 
Windham County — of Inhabitants of Clarendon with an order of the 
house on each referring the same to the Joint Turnpike Committee, 
which being severally read Resolved to concur in said Reference. 

The Petitions of Barna Pratt — of Rich Stevens — of Joshua Buswell— 
Thomas Hill & al. of Pitt W. Hyde with an order of the house on each 
referring the same to the Joint Committee of Claims — which being read 
Resolved to concur in said reference. 

Rec d from the House the bill to provide for the erection of a Bridge 
across Otter Creek with an order of the House thereon referring the 
same to a Committee of 4 to join from Council — which being read Re- 
solved to concur in said reference & Mr Crawford appointed. 



Governor and Council — October 1818. 217 

The petition of Zatter Butterfield was rec d with an order of the House 
referring the same to the joint Committee on the Bill to erect a bridge 
across Otter Creek — which being read Resolved to concur in said refer- 
ence. 

Rec d the Petition of John Willard for a new trial with an order of the 
house thereon referring the same to the Joint committee of new Trials, 
which was read & Resolved to concur in said reference. 

The Petition of Elisha Brigham was rec d with an order of the House 
appointing a committee on the same of 4 to join, which being read Re- 
solved to concur in said reference and Mr Leland appointed. 

The Petition of Elias Kent was rec d from the House with an order 
referring the same to the joint Committee on the Petition of Elisha 
Brigham — which being read Resolved to concur in said reference. 

The Petitions of Truman Powell — of James Sawyer, Jason Evans, 
Avery Dennison, Calvin Fairbanks Jr., with an orderof the House were 
rec d referring the same to the Joint Committee of Insolvency, which 
being read Resolved to concur in said reference. 

The Petition of Rebecca Dennett was rec d with an order of the House 
thereon referring the same to the [a] Committee of 2 to join, which was 
read & Resolved to concur in said reference & Mr Tomlinson appointed 
to join from Council. 

The Bill for the relief of Jeremiah Virginia & the Petition of John 
Morrison were rec d with an order of the house thereon referring the 
same to the joint Committee on the petition of Rebecca Dennett, which 
being read Resolved to concur in said reference. 

Rec d the following bills from the House : an act relating to jails & 
jailers, and an act for the relief of Insolvent debtors, with orders re- 
ferring the same to the Judiciary Committee — which were severally read 
& Resolved to concur in said reference. 

Rec d the resolution from the State of North Carolina respecting cer- 
tain proposed amendments to the constitution of the United States with 
an order of the House thereon referring the same to a com ee of 6 to join 
such com ee as the Gov. & Council may appoint, which being read Re- 
solved to concur in said reference & Mr. Hammond app d - to join from 
Council. 

Rec d resolutions from New Jersey respecting amendments to the 
constitution of the United States with an order of the House referring 
the same to the joint Committee raised on the resolutions from North 
Carolina, which were read [&] Resolved to concur in said reference. 1 

The petitions of Inhabitants of Reading & Plymouth were rec d with 
an order to refer the same to a Committee of 4 to join, which were read 
& Resolved to concur in said reference & Mr Stanley appointed. 

The petition of Selah Gridley & Theodore Woodward was rec d with 
an order to refer the same to a committee of 4 to join, which was read & 
Resolved to concur in said reference & Gov. Brigham app d - 

The petition of Mary Bowles was rec d with an order to refer the same 
to a com ee of 4 to join, which was read & Resolved to concur in said 
reference & Mr Smith was appointed. 

Rec d the Bill relative to Building a Bridge in Barnet with an order 
of the house to refer the same to a Committee of 2 to join from Council 
& Mr Tomlinson was appointed to Join. 

The Petition of Heman Johnson was rec d with an order of the house 
to refer the same to the joint Com ee on the petition of Jonathan Leverett 
— which being read Resolved to concur in said reference. 

Rec d a resolution of the house appointing a committee of the house 
to take into consideration the propriety of establishing two probate dis- 

1 See Appendix C. 



218 Governor and Council — October 1818. 

tricts in the County of Addison, which being read Resolved to concur 
in passing said resolution & Mr Fay was appointed to join. 

The petition of Benjamin W. Harwood, a convict in the State's Prison, 
was read & on the question Shall the prayer thereof be so far granted as 
relates to further imprisonment ? the yeas and nays were called for and 
were as follows, Viz. Teas, Gov. Brigham, Messrs. Fay, Crawford, 
Leland, Smith, Hammond, Tomlinson, Butler, Chittenden, Bliss, Ca- 
hoon & Stanley — so the prayer was granted & a pardon issued accord- 
ingly. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment 

The petition of Jacob Miller, a convict in the State's Prison, praying 
for a pardon, and on the question Shall the prayer thereof be so far 
granted as relates to fine, costs & further imprisonment, the Yeas & 
Nays were called for & taken as follows Yiz. Teas, Gov. Brigham, 
Messrs. Fay, Leland, Smith, Hammond, Butler, Chittenden, Bliss, Ca- 
hoon, & Stanley. Nays, Messrs Crawford & Tomlinson — so the prayer 
was granted & a pardon issued accordingly. 

The Petition of William Morse, a convict in the State's Prison pray- 
ing for a pardon, and on the question Shall the prayer thereof be so far 
granted as relates to further imprisonment, fine & costs, the yeas & nays 
were called for & taken as follows — Teas, Gov. Brigham, Messrs. Fay, 
Leland, Smith, Hammond, Tomlinson, Butler, Chittenden, Cahoon, 
Bliss & Stanley. Nay, Mr. Crawford — so the prayer was granted & a 
pardon issued accordingly. 

The Petition of Oren Willard, a convict in State's prison praying for 
a pardon, was read & on the question Shall the prayer thereof be granted 
so far as relates to further imprisonment, fine & Costs, the yeas & nays 
were called for & taken as follows— Teas, Gov. Brigham, Messrs. Fay, 
Crawford, Leland, Smith, Hammond, Tomlinson, Butler, Chittenden, 
Bliss, Cahoon & Stanley — Nays none — so the prayer of said petition was 
granted & a pardon issued accordingly. 

The petitions [of] Benjamin Lewis & E. Marble, Convicts in State's 
prison, were read praying for pardons, [and] were Ordered to be dis- 
missed. 

The accounts of Solomon W. Burke, of Tho 8 - Leverett & the Petition 
of Truman Purdy were rec d with an order on each referring the same 
to the Committee of Claims — which were read & concurred to refer the 
same. 

The petition of Darius Ferris was rec d with an order of the House re- 
ferring the same to the joint Committee on the petition of John S. Lar- 
abee, which being read Resolved to concur in said reference. 

Rec d from the House the petitions of Winhall, Calais, Lunenburgh, 
Concord, Stratton, Middlesex, & Chittenden with an order of the house 
on each referring the same to the Joint Land tax Committee, which be- 
ing read Resolved to concur in said reference. 

The petition of Baruck Bolster was rec d with an order of the House 
referring the same to the joint Committee on the petition Of Re- 
becca Dennett, which being read Resolved to concur in said reference. 

Rec d the petitions of Joseph Huntington, E. Freeman, E. Hind, John 
Mills, Jon a - Smith, Nathan Ball & John Merriam with an order of the 
House on each referring the same to the Committee of insolvency, 
which being read, Resolved to concur in said reference. 

Petition of Artillery Company 2 d Reg* 2 d Brigade & 1* Division & 
Petition of inhabitants of Londonderry with an order of the House on 
each referring the same to the military Committee — which being read 
Resolved to concur in said reference. 



Governor and Council — October 1818. 219 

Rec d the Petition & remonstrance of Inhabitants of Townshend, In- 
habitants of Windham, with an order of the house to refer the same to 
the joint Committee on the bill for bridge across Otter creek — which 
being read Resolved to concur in said reference. 

Rec d the Petition of Inhabitants of Fairfield with an order to refer the 
same to a Committee of 2 to join, which being read Resolved to join & 
Mr Chittenden appointed. 

The Petition of Centre Turnpike was rec d with an order of the 
house referring the same to the joint Turnpike Committee, which be- 
ing read Resolved to concur in said reference. 

Rec d the Petition of Inhabitants of Peacham with an order of the 
house to refer the same to the [a] Committee of 2 of the house to join 
from Council, which being read it was thereupon Resolved to concur in 
said reference & Mr Chittenden was appointed. 

Adjourned to 9 O'C. A. M. to morrow. 



Tuesday October 13, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The Petition of C. S. Harris, a convict in the State's Prison, was read 
& dismissed. 

Rec d the petition of S. Bell with an order of the House to refer the 
same to the Committee of Claims, which being read it was Resolved to 
concur in said reference. 

The petition of William Goodnow was rec d with an order to refer the 
same to the joint committee on the Petition of Jabez Rogers — which 
being read Resolved to concur in said reference. 

Rec d from the House a resolution instructing the Judiciary Committee 
to enquire into the Expediency of amending &c. the law reducing into 
one the several acts relating to laying out, making & repairing highways, 
which being read Resolved to concur in' passing said resolution. 

Rec d the Petition of Thomas Foster with an order of the house to 
refer the same to the joint Committee on the petition of Rebecca Den- 
nett, which being read Resolved to concur in said reference. 

Rec d from the House a resolution instructing the Judiciary Committee 
to enquire into the expediency of declaring by law who should inherit 
property in certain cases, which being read Resolved to concur in said 
Resolution. 

Rec d the petition of Elizabeth Hammond, with an order of the house 
to refer the same to a committee of 2 to join, which being read Resolved 
to concur & Mr Hammond appointed. 

The petition of Jotham Forbes was rec d with an order of the House 
referring the same to a Com ee of 2 to join, which being read Resolved to 
concur in said reference & Mr Stanley appointed. 

Rec d the petition of Sylvester Treat with an order of the House refer- 
ring the same to a com ee of 4 to join, which being read Resolved to 
concur in said reference & Mr Tomlinson app d - 

Rec d the Bill for the relief of the Fairhaven Turnpike Company with 
an order of the house to refer the same to the Turnpike Committee — 
which was read & Resolved to concur in said reference. 

The petition of the Town of Windsor was rec d with an order of the 
house referring the same to the [a] Committee of 2 to join, which was 
read & Resolved to concur & Mr Leland was appointed. 

The petition of John Church Jr. a convict of State's Prison was read 
praying for a pardon — And on the question Shall the prayer thereof be 
so tar granted as relates to further imprisonment, fine & costs ? the yeas 
& nays were called for & taken as follows, Viz. Yeas, Gov. Brigham, 



220 Governor and Council — October 1818. 

Messrs. Crawford, Leland, Smith, Hammond, Tomlinson, Butler, Chit- 
tenden, Bliss, & Cahoon. Nays, none— So the prayer of said petition 
was granted & a pardon issued accordingly. 

The petition of George Wilson, a convict of State's prison, praying for 
a pardon, was read & on the question Shall the prayer of said petition 
be so far granted as relates to further imprisonment, fine & costs ? the 
Yeas & Nays were called for & taken as follows, Viz. Yeas, Gov. Brig- 
ham, Messrs. Fay, Crawford, Leland, Smith, Hammond, Tomlinson, But- 
ler, Chittenden, Bliss, Cahoon, Stanley. Nays none — So the prayer of 
said petition was granted & a pardon issued accordingly. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the Petition of Stow, Hyde Park & others with an order of the 
House to refer the same to the [a] Committee of 2 to join, which being 
read Resolved to concur & Mr Tomlinson appointed. 

Rec d the bill to provide for reports of decisions of the Supreme Court, 
with an order to refer the same to the Judiciary Committee, which being 
read Resolved to concur in said reference. 

Rec d the petition of Nathaniel Nickols, with an order of the house to 
refer the same to the joint Committee of Claims, which being read Re- 
solved to concur in said reference. 

Rec d the petitions of Fayston— of Canaan, with an order of the house 
to ^efer the same to the land tax Committee, which being read Resolved 
to concur in said reference. 

The petition of Ichabod Hathaway with an order of the House to refer 
the same to the joint Committee of Insolvency was rec d and read where- 
upon Resolved to concur in said reference. 

Rec d a resolution instructing the Judiciary Committee to inquire into 
the expediency of amending an act relating to Jails & Jailers for relief 
&c. by extending the benefit of the poor debtor's [oath to persons] con- 
fined on attachments, which was read & Resolved to concur in passing 
said resolution. 

Adjourned to 9 O'C. A. M. to morrow. 



Wednesday October 14, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adj*- 

Rec d the engrossed bill entitled u an act directing the Treasurer to 
pay Phinehas Strong the sum therein mentioned," sent up for concur- 
rence &c. which being read Resolved to concur in passing the same into 
a Law. 

The petition of A. [N.] W. Kingman & H. Wilkins was rec d with an 
order of the House to refer the same to a com ee - of 4 to join, which being 
read Resolved to concur in said reference & Mr Hammond app d - 

Rec d the petition of Inhabitants of Burke for a tax, which was read 
with an order of the house to refer the same to the [a] Committee of 2 to 
join, which being read Resolved to concur in said reference & Mr Smith 
appointed. 

The petition of John Beckwith was rec d with an order of the House 
to refer the same to a com ee of 2 to join, which being read Resolved to 
concur in said reference & Mr Chittenden was appointed. 

The petition of Plymouth & other towns was rec d with an order of the 
house to refer the same to a com ee of 4 to join, which was read & Re- 
solved to concur in said reference. 

The petition of Amos W. Barnum was rec d with an order of the house 
referring the same to the Committee on the Vergennes Bridge bill, which 
being read it was Resolved to concur in said reference. 



Governor and Council — October 1818. 221 

The Petitions of Ichabod Peck, of L. Q. C. Bowles, Levi Bellows, of 
Joseph Watson with an order of the house on each referring the same 
to the joint Committee of insolvency, which being read Resolved to con- 
cur in said reference. 

Rec d the remonstrances of the Inhabitants of Ludlow with an order of 
the house to refer the same to the joint Committee on the petition of 
the Inhabitants of Plymouth; which being read Resolved to concur in 
said reference. 

Rec d the bill laying a tax on the town of Worcester with an order of 
the house to refer the same to the joint land tax committee, which being 
read Resolved to concur in said reference. 

Rec d the bill entitled an act directing the treasurer to pay Benjamin 
Martin the sum therein mentioned with an order to refer the same to 
the joint Committee of Claims, which being read Resolved to concur in 
said reference. 

His Excellency the Governor made the following communication to 
the General Assembly: 

To the Hon. Richard Skinner Speaker of the House of Representa- 
tives. Sir. I transmit to you for the information & consideration of the 
General Assembly the accompanying papers respecting proposals of 
amendment to the Constitution of the United States made by the sev- 
eral States. The General Assembly will please to adopt such measures 
in relation thereto as they may in their wisdom deem expedient. With 
respect &c. Jonas Galtjsiia. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

The petition of Cyrus Jones, a convict of State r s prison, was read, 
praying for pardon, and on the question Shall the prayer thereof be so 
far granted as relates to the fine, costs & further imprisonment ? the 
yeas & nays were called for & taken as follows, [Fieas,] Gov. Brigham, 
Messrs. Fay, Crawford, Smith, Hammond, Leland, Tomlinson, Butler, 
Bliss, Cahoon, Chittenden & Stanley. Yeas, Nays, none, so the prayer 
was granted & a pardon issued accordingly. 

The petition of Inhabitants of Brookline was rec d with an order of 
the house to refer the same to a committee of 4 to join, which being 
read Resolved to concur in said reference & Mr Leland app d - 

Petition of Inhabitants of Weybridge, of Newhaven, & remonstrance 
of Weybridge were rec d with an order of the House to refer the same to 
a Com ee of 2 to join, which being read Resolved to concur in said refer- 
ence & Mr Hammond app d - 

The petition of Eliakim Squires, of Thomas Dodge Jr. with an order 
of the house on each, referring the same to the joint Committee of 
Insolvency, which being read Resolved to concur in said reference. 

Rec d the petition of John Chandler with an order of the house to refer 
the same to the judiciary Committee, which being read Resolved to 
concur in said reference. 

The petitions of the Artillery Company of the 3 d Reg* 3 Brigade & 4 th 
Division, of Nathan Fuller, with an order of the house on each to refer 
the same to the joint Committee of Claims, which being read Resolved 
to concur in said reference. 

The petition of Levi Higbee, a convict of State's prison, praying for a 
pardon, was read, & on the question Shall the prayer be so far granted 
as relates to further imprisonment, fine & costs ? the yeas & nays were 
called for & taken as follows — Yeas, Messrs. Fay, Crawford, Leland, 
Smith, Hammond, Tomlinson, Butler, Chittenden, Bliss, Cahoon & Stan- 
ley. JVay, Gov. Brigham — so the prayer was granted & a pardon issued 
accordingly. 



222 Governor and Council — October 1818. 

The Petition of Franklin Burt, a convict of State's prison praying for 
a pardon, & on the question Shall the prayer thereof be so far granted as 
relates to further imprisonment, fine & Costs ? the yeas & nays were 
called for & taken as follows, Viz. Yeas, Gov. Brigham, Messrs. Fay, 
Crawford, Leland, Smith, Hammond, Tomliuson, Butler, Chittenden, 
Bliss, Cahoon & Stanley. Nays none — so the prayer was granted accord- 
ingly & a pardon issued in due form of Law. 

The petition of Ebenezer Burt, a convict in Vermont State's Prison 
praying for pardon, & on the question Shall the prayer thereof be so far 
granted as relates to further imprisonment, fine & costs ? the yeas & 
nays were called for & taken as follows, to wit, — Yeas, Gov. Brigham, 
Messrs. Fay, Crawford, Leland, Smith, Tomlinson, Cahoon & Stan- 
ley. Nays, Messrs. Hammond, Chittenden & Bliss— so the prayer was 
granted & a pardon issued accordingly. 

The petitions of D. Robinson Jr. & A. Chase, convicts in the State's 
prison praying for pardon, read & dismissed. 

The petition of Stephen M c Connell, a convict in the State's prison 
praying for a pardon, & on the question Shall the prayer be so far 
granted as relates to further imprisonment, fine & Costs ? the yeas & 
nays were called for & taken as follows, Viz. Yeas, 'Messrs. Fay, Leland, 
Smith, Hammond, Tomlinson, Chittenden, Bliss, Cahoon & Stanley. 
Nays none—so the prayer was granted & a pardon issued accordingly. 

Adj d - to 9 CTC. A. M. to morrow. 



Thursday October 15, 1818. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

The Petition of Luther Virginia, a convict in State's prison praying 
for a pardon, & on the question Shall the prayer thereof be so far granted 
as relates to further imprisonment, fine & Costs — the yeas & nays were 
called for & taken as follows : Yeas, Gov. Brigham, Messrs. Fay, Craw- 
ford, Leland, Smith, Hammond, Tomlinson, Butler, Chittenden, Bliss, 
Cahoon & Stanley. Nays none — so the prayer was granted & a pardon 
was issued accordingly. 

The petition of John Louks, a convict of State's prison, read & dismiss*- 

Rec d the petitions of Sylvanus Aldrich, Jon a - Cady, Justus Warren, 
Thomas Hodgkiss — with an order of the house to refer the same to the 
joint Committee of insolvency, which being read Resolved to concur in 
said reference. 

Rec d the petitions of Farnsworth & Farwell — of John Keep with an 
order of the house on each to refer the same to the joint Committee of 
Claims — which were read & Resolved to concur in said reference. 

The petition of Inhabitants of Windsor for a Bank was rec d with an 
order of the House to refer the same to a committee of 6 to join, which 
being read Resolved to concur in said reference & Mr Fay was app d « 

Rec d the Bill to incorporate the Windham County bank — Petition of 
Inhabitants of Brattleboro ; of Chester ; 2 petitions of Wethersfield ; 
petition of Woodstock, & Petition of Inhabitants of Windsor for a Bank 
were rec d with an order of the house on each referring the same to the 
joint Committee on the Petition of Inhabitants of Windsor for a bank, 
which being read Resolved to concur in said reference. 

The petition of Craftsbury & other towns was rec d with an order of 
the house to refer the same to the [a] Committee of 2 to join, which be- 
ing read Resolved to concur in said reference & Mr Tomlinson app d - 

The Petition of Inhabitants of Johnson was rec d with an order of the 
house to refer the same to a committee of 4 to join & Mr Bliss appointed. 



Governor and Council — October 1818. 223 

The petition of the Inhabitants of Brandon was rec d from the House 
with an order thereon referring the same to a committee of 2 to join, 
which being read Resolved to concur in said reference & Mr Smith ap- 
pointed. 

Mr Hammond excused from the Committee on the petition of King- 
man & Wilkins & Mr Bliss appointed. 

The petition of Walter Towner a convict of State's prison praying for 
a pardon was read & on the question Shall the prayer thereof be granted 
so far as relates to further imprisonment, fine & Costs ? the yeas & nays 
were called for & taken as follows Viz. [ Teas,"} Gov. Brigham, Messrs. 
Fay, Crawford, Leland, Smith, Hammond, Tomlinson, Butler, Chitten- 
den, Bliss, Cahoon & Stanley. Nays none, so the prayer was granted & 
a pardon issued accordingly. 

The Petition of William Davis a convict in State's Prison praying for 
a pardon was read & on the question Shall the prayer thereof be so far 
granted as relates to further confinement, fine & costs ? the yeas & nays 
were called for & taken as follows: Teas. Gov. Brigham, Messrs Fay, 
Leland, Smith, Hammond, Tomlinson, Butler, Chittenden, Bliss & Stan- 
ley — 10. Nays, Messrs. Crawford & Cahoon — 2 — so the prayer was 
granted & a pardon issued accordingly. 

Adjourned to 2 O'C. P. M. 

Gov. & Council met pursuant to adjournment. 

The petitions of Moses Kiles & Barak M c Donald, Convicts in State's 
prison, read & dismissed. 

The petition of Charles Sangster a convict of State's prison was read 
praying for a pardon— & on the question Shall the prayer thereof be 
granted so far as relates to fine, costs & further imprisonment ? the yeas 
& nays were called for & taken as follows Yiz. Yeas, Gov. Brigham, 
Messrs Fay, Crawford, Leland, Smith, Hammond, Tomlinson, Butler, 
Chittenden, Bliss, Cahoon & Stanley; Nays none — so the prayer was 
granted & a pardon issued accordingly. 

The petition of Lyman Johnson a convict of State's prison praying 
for pardon was read & on the question Shall the prayer be so far granted 
as relates to further imprisonment, fine & costs ? the yeas & nays were 
called for & taken as follows, Viz. Teas, Gov. Brigham, Messrs. Fay, 
Crawford, Smith, Hammond, Tomlinson, Butler, Chittenden & Bliss & 
Stanley. Nays, Messrs. Leland & Cahoon — so the prayer was granted 
& a pardon issued accordingly. 

Rec d a resolution of the House appointing 10 O'C. A. M. to morrow a 
time for both houses to meet in joint [committee] to elect judges of Su- 
preme Court; which being read Resolved to concur in said resolution. 

Rec d the bill entitled an act to incorporate the Bank of Burlington 
with an order of the house to refer the same to the joint Bank Commit- 
tee, which being read Resolved to concur in said reference. 

Rec d the petition of Annis Jenks with an order of the house to refer 
the same to the joint Judiciary Committee, which being read Resolved 
to concur in said reference. 

Rec d the Petition [of] Patterson & Blodgett with an order of the 
house to refer the same to the joint Committee on the Petition of Re- 
becca Dennett— which being read Resolved to concur in said reference. 

Rec d the petitions of Peaslee & Haswell — of Charles Story, Casper R. 
Edson, with an order of the house on each referring the same to the 
joint Committee of insolvency, which being considered Resolved to con- 
cur in said reference. 

Rec d from the Gen 1 - Assembly the following resolution : 

"In Gen l - Assembly October 15, 1818. Resolved that his Excel- 
lency the Governor be requested by & with the advice of Council to 



224 Governor and Council — October 1818. 

appoint thursday the 3 d day of December next to be observed as a day 
of public thanksgiving & praise throughout this State. 

Adopted. W. D. Smith, Clerk:' 1 

Which being read Resolved to concur with the house in said resolution. 

The petition of Inhabitants of Peru was rec d with an order of the 
house to refer the same to the committee on the petition of the Inhab'ts 
of Fairfield — which being read Resolved to concur in said reference. 

Rec d the petition of Inhabitants of New Fane, & an act designating 
the boundary line between Landgrove & Peru with an order to refer 
them to the joint Committee on the petition of Fairfield — which being 
considered Resolved to concur in said reference. 

Rec l1 the Petition of Morgan, Navy [Charleston] &c. with an order 
to refer the same to the joint Committee on the petition of the Inhabit- 
ants of Burke, which being considered Resolved to concur in said ref- 
erence. 

The petition of the White river Turnpike Company was rec d with an 
order to refer the same to the joint Turnpike com ee , which being con- 
sidered Resolved to concur in said reference. 

Rec d the petition of Waterford with an order of the House to refer 
the same to the joint land tax Committee, which being considered Re- 
solved to concur in said reference. 

Rec d a resolution of the house instructing the Judiciary committee to 
[examine] the law relating to suits in ejectment for the nonpayment of 
Rent — which being read Resolved to concur in passing said resolution. 

Adjourned to 9 O'C. forenoon to morrow. ■ 



Friday October 16, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d three petitions from Inhabitants of Rochester with an order of 
the house referring the same to a committee of three to join, which 
being read Resolved to concur in said reference & Mr Chittenden ap- 
pointed. 

The petitions of Otis Howe, of Oliver Perry were rec d with an order 
of the house [to] refer the same to the committee of insolvency which 
being considered Resolved to concur in said reference. 

The Petition [of] Jabez Penniman & others with an order of the house 
to refer the same to the members of Chittenden County to join — which 
being read Resolved to concur in said reference & Mr Chittenden 
appointed. 

The petition of Gerardus Booth was rec d with an order to refer the 
same to the joint Com ee of new trials; which being read Resolved to 
concur in said reference. 

Rec d the Bill directing the Treasurer to pay ST. Jewett the sum 
therein mentioned, with an order to refer the same to the joint Com- 
mittee of Claims — conc d - 

Rec d the petition of Sally Lord with an order of the house to refer 
the same to the joint committee on the petition of R. Dennett, which 
being read Resolved to concur in said reference. 

The petition of the Inhabitants of Ryegate was rec d with an order to 
refer the same to the joint Military Committee, which being read Re- 
solved to concur in said reference. 

Rec d a resolution instructing the judiciary committee to enquire into 
the expediency of altering the laws so that the persons of debtors shall 
not be imprisoned — which was read & Resolved to concur in said 
resolution. 



Governor and Council — October 1818. 225 

The petition of Josiah Chamberlin, a convict of State's prison, was 
read & on the question Shall the prayer thereof be so far granted as 
relates to further imprisonment, fines & costs, the yeas & nays were 
called [for] & taken as follows Viz. Yeas, Gov. Brigham, Messrs Fay, 
Crawford, Leland, Smith, Hammond, Tomlinson, Butler, Chittenden, 
Bliss, Cahoon & Stanley. Nays none — so the prayer was granted & a- 
pardon issued accordingly. 

Governor & Council met the house of Representatives in joint Com- 
mittee to complete the County appointments & after progress the said 
committee adjourned to Wednesday next at the opening of the house in 
the morning. The joint Committee then proceeded agreeably to resolu- 
tion of both houses to elect judges of the Supreme Court & the Hon. 
Dudley Chase was appointed Chief Judge, & the Hon. Joel Doolittle & 
William Brayton assistant Judges for the year ensuing. The Gov. & 
Council returned to their chamber & adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Governor & Council met pursuant to adjournment* 

The petition of Inhabitants of Fairfield, Sheldon, Franklin, with an 
order of the house to refer the same to a Com ee of 2 to join which being 
read Resolved to concur in said reference & Mr Cahoon appointed. 

The petition of Elnathan Keyes for a toll bridge & the remonstrance 
of Inhabitants of Franklin Co? with an order of the house on each to 
refer the same to a [the] committee on the Petition of Inhabitants of 
Fairfield &c. which being read Resolved to concur in said reference. 

Rec d the petition of Inhabitants of New Haven with an order of the 
house to refer the same to the committee on the petition of Amos Felton 
— which being read Resolved to concur in said reference. 

Rec d from the General Assembly the bill directing the Treasurer to 
pay William Fay the sum therein mentioned with an order to refer the 
same to the joint Committee of Claims— whereupon it was Resolved to 
concur in said reference. 

Rec d the report of the Superintendent of the State's prison with an 
order of the house appointing a committee of 6 to join which being con- 
sidered Resolved to concur in said reference & Mr Leland was appointed. 

Rec d the bill for the relief of the Green Mountain Turnpike Company 
with an order of the house to refer the same to the Turnpike Com- 
mittee, which was considered & Resolved to concur in said reference. 

The petitions of Alpheus Warner & Mary Davison, Convicts in State's 
prison, read & dismissed. 

The petition of Ebenezer Cox Jr. a convict of State's prison, was read 
& on the question Shall the prayer be so far granted as relates to fine, 
costs & further imprisonment, the yeas & nays were called for & taken 
as follows, Viz— Yeas, Gov. Brigham, Messrs. Fay, Crawford, Leland, 
Smith, Butler, & Chittenden — 7. Nays, Messrs. Hammond, Tomlin- 
son, Bliss, Cahoon & Stanley — 5. — So the prayer was granted & a 
pardon issued according. 

Adjourned to 9 O'C. A. M. to morrow. 



Saturday October 17, 1818. 9 O'C. A. M. 

Gov. & Council met pursuant to adjournment. 

The petitions of S. Downs, T. Crawford, C. Patrick, I. Whitney, L 
Noble & John Church, convicts of State prison, were read & dismissed. 

The petition of William Scott was rec d with an order of the house to 
refer the same to the joint Judiciary committee, which being read Re* 
solved to concur in said reference. 

15 



226 Governor and Council — October 1818. 

The petitions of the Artillery Co. in North Hero, Inhabitants of 
Woodstock, of Artillery company of 4 Reg* 1 st Brigade with an order of 
the house to refer the same to the joint Military Committee — which 
were read & Resolved to concur in said reference. 

Rec d the petition of Cornelius Young, with an order of the house to 
refer the same to the joint committee on the petition of Jabez Rogers, 
which was read & Resolved to concur in said reference. 

Rec d the petition of Seth Cushman & others : remonstrance of the 
Inhabitants of Groton, with an order of the house to refer the same to 
the joint Land tax committee — Resolved to concur in said reference. 

Rec d the petition of George Antrim—the Bill for [to pay] Ebenezer 
Locke — with an order of the house to refer the same to the joint Com- 
mittee of Claims, which being duly considered Resolved to* concur in 
said reference. 

The petition of Peter Rock, a convict in the State's prison praying for 
pardon— on the question Shall the prayer thereof be so far granted as 
relates to further imprisonment, fine & Costs, the yeas & nays were 
called for & taken as follows, Viz. Yeas, Gov. Brigham, Messrs. Fay, 
Crawford, Leland, Smith, Hammond, Tomlinson, Butler, Chittenden, 
Bliss, Cahoon & Stanley. So the prayer of said pet. was granted & a 
pardon issued accordingly. 

The petition of Francis Fertur a convict in State's prison praying for 
a pardon was read & on the question Shall the prayer thereof be so far 
granted as relates to the further imprisonment, fine & costs, the Yeas & 
Kays were called for & taken as follows: Yeas, Gov. Brigham, Messrs. 
Fay, Leland, Smith, Hammond, Tomlinson, Butler, Bliss, Cahoon & 
Stanley. Nay, Mr. Crawford. So the prayer was granted & a pardon 
issued accordingly. 

The petition of Mary Davison was read praying for a pardon, she be- 
ing a convict in the State's prison, & on the question Shall the prayer 
thereof be so far granted as relates to further fine, imprisonment & 
costs ? the Yeas & Nays were called for & taken as follows, Viz. Yeas, 
Gov. Brigham, Messrs. Fay, Smith, Hammond, Tomlinson, Butler, Bliss, 
Cahoon & Stanley. Nay, Mr Crawford — so the prayer of said petition , 
was granted & a pardon issued accordingly. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment & 
adjourned until Monday next at 9 O'C. forenoon. 



Monday October 19 th > 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petition of Farnsworth & Powell was rec d with an order of the 
house to refer the same again to the committee previously appointed 
and on motion Resolved to recommit the same. 

Rec d the petition of John Beckwith with an order of the house to re- 
fer the same to a committee of two to join, which being read Resolved 
to concur in said reference & Mr Crawford app d - 

The petition of the inhabitants of Berlin was rec d with an order of 
the house referring the same to a committee of two to join, which being 
read Resolved to concur in said reference & Mr Stanley app d - 

The petition of Inhabitants of Sutton was rec d with an order of the 
house referring the same to a committee of 4 to join, & on motion Re- 
solved to concur in said reference & Mr Leland appointed. 

The petition of Sewall Cutting was rec d with an order of the house 



Governor and Council — October 1818. 227 

to refer the same to the Committee of Claims & on motion Resolved to 
concur in said reference. 

Rec d the bill from the house for the relief of Nathan Ball with an or- 
der thereon referring the same to a committee of 2 to join & on motion 
Resolved to concur in said reference; and Mr Tomlinson was appointed. 

Rec d from the house a resolution instructing the Judiciary Committee 
to enquire into the expediency of passing a law preventing persons who 
attend County & Supreme Courts in criminal cases from receiving pay in 
certain cases &c. which was read & Resolved to concur in said reference. 

Rec d a resolution instructing the judiciary Committee to enquire into 
the expediency of amending the law respecting the descent of real estate 
&c. which was read & Resolved to concur in passing said resolution. 

Rec d the resolution of the house instructing the judiciary Committee 
to enquire what alterations may be necessary in the law of Offsetts— 
which being read Resolved to concur in passing said resolution. 

Rec d the petition of Jon a - Fassett with an order of the house to dis- 
charge the former committee appointed on the same & appointing a 
committee of 2 to join — & on motion Resolved to concur in the new ap- 
pointment of said committee & Mr Smith was appointed to join. 

Rec d the petition of the Inhabitants of Windsor, with an order of the 
house to refer the same to the Committee on agriculture, which being 
read Resolved to concur in said reference. 

Rec d the petition of Oliver Pier with an order of the house to refer 
the same to the joint Committee on the petition of Jon a - Leavitt — which 
being read Resolved to concur in said reference. 

The petition of John Wilson was rec d with an order of the house to 
refer the same to the joint Committee of Claims — & on motion Resolved 
to concur in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'Clock P. M. — Governor & Council met pursuant to adjournment. 

Rec d the engrossed bill entitled "an act granting relief to the Green 
Mountain Turnpike Company," sent up for revision & concurrence &c. 
which was read & Resolved to concur in passing the same into a Law. 

Rec d a resolution raising a com ee of one member from each county to 
take into consideration the propriety of disposing of property belonging 
to the State Bank, which being read Resolved to concur in said resolu- 
tion. 

Rec d the account of N. Allen with an order of the house to refer the 
same to the joint Committee of Claims & on motion Resolved to concur 
in said reference. 

Rec d the remonstrance of the Inhabitants of Waterbury &c. with an 
order of the house to refer the same to the com ee on the petition of 
Stowe, and on motion Resolved to concur in said reference. 

Rec d the bill for altering the establishment of the County town in the 
County of Windham &c. with an order of the house to refer the same to 
the members of said County to join & on motion Resolved to concur in 
said reference & Mr. Crawford appointed. 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the expediency of amending the act for the relief of Idiots <& distracted 
persons &c. which being read Resolved to concur in said reference. 

Rec d a resolution appointing 10 O'C. forenoon tomorrow a time for 
both houses to meet in their respective rooms to ballot for some person 
to represent this State in the Senate of the United States in the room of 
the Hon 1 James Fisk resigned, & also for the term of six years next from 
& after the third day of March next. Concurred. 

The petitions of S. H. Fletcher, W. Annis, C. Hall, J. Bohonnon, J. 
Church, John Fisk, C. Carrier, H. Metcalf, A. Potter, T. Morgan, S 



228 Governor and Council — October 1818. 

Millikan, E. Marble, C. S. Harris, D. C. Hunt, J. Brooks, W. Chapman, 
N. Sutton, S. Hicock, I. S. Allen, J. R. Knapp, H. Rose, J. Reynolds, D. 
Robinson, D. [W.] Slaid, H. Stone, I. Smith, E. C. Stark, H. Toulman, R. 
Watson, L. Cambridge, W. Woodcock, convicts of State's prison, were 
severally read & dismissed. 
Adj d to 9 O'C. forenoon to morrow. 



Tuesday Oct. 20, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjourn*- 

The petition of John Clark on which report had been made was rec d 
with an order recommitting the same & appointing a committee of 2 
to join & on motion Resolved to concur in said recommitment & Mr. 
Chittenden appointed. 

Rec d the bill for the relief of Nathan Ball with an order to recommit 
the same— & on motion Resolved to concur in said reference. 

Rec d the bill for the relief of Eben r - Hurd with an order to refer the 
same to the joint committee on the bill for the relief of Nathan Ball & 
on motion Resolved to concur in said reference. 

Rec d the petition of Stratton Minot with an order of the house to re- 
fer the same to the judiciary Com ee » which being read Resolved to con- 
cur in said reference. 

Rec d from the House the following engrossed bills— sent up from the 
General Assembly for revision & concurrence or proposals of amend- 
ment, Yiz. " An act directing the Treasurer to pay William Fay the 
sum therein mentioned," & "An act for the relief of Joseph Sanford " — 
which were severally read & Resolved to concur in passing said bills 
into Laws. 

Benjamin Swan Esqr. Treasurer elect came into Council Chamber & 
produced a bond signed by himself as principal & Elias Keyes & Charles 
Marsh as sureties for the sum of one hundred thousand dollars, condi- 
tioned for the faithful performance of his duty as Treasurer — which said 
bond was accepted by the Governor & Council & he was sworn to per- 
form the duties of said office. 

Mr Nutting of the house came into Council Chamber & gave notice 
that the Gen 1 - Assembly were ready to proceed to ballot for Senator. 
Ordered that the Secretary give the same information to the General As- 
sembly from the Gov. & Council. 

Pursuant to the concurrent resolution of both houses the Governor & 
Council now proceeded to ballot for a person to represent this State in 
the Senate of the United States to fill the vacancy occasioned by the re- 
signation of the Hon. James Fisk — And on the ballots being taken, 
sorted & counted, it appeared that the Hon 1 - William A. Palmer had a 
majority of the ballots. The Governor & Council proceeded to ballot 
for some person to represent this State in the Senate of the United 
States for six years next from & after the third day of March next — And 
on the ballots being taken, sorted & counted, it appeared that the Hon 1 - 
William A. Palmer had a majority of the ballots. 

Mr Farnsworth of the House came into Council Chamber & gave in- 
formation that the Assembly was now ready to meet the Governor & 
Council to compare ballots for Senator. 

The Governor & Council then proceeded to meet the house for the 
purpose afors d - & when met, the ballots of both houses being compared, 
it appeared that the ballots of both houses agreed & that the Hon 1 - Will- 
iam A. Palmer was elected to fill the vacancy & also for the term of six 
years next after the 3 d day of March next. Governor & Council returned 
to their Chamber & Adjourned to 2 O'C P. M. 



Governor and Council — October 1818. 229 

2 O. C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d the bill for the relief of Peaslee & Haswell with an order of the 
house to refer the same to the joint Committee of insolvency, which 
being considered Resolved to concur in said reference. 

Rec d a resolution instructing the Judiciary Com ee to enquire into the 
expediency of appointing inspectors of Shingles — which being read Re- 
solved to concur in said resolution. 

The petition of James Brown a convict in State's prison was read & 
on the question Shall the prayer thereof be so far granted as relates to 
further imprisonment, fine & Costs? the yeas & nays were called for & 
taken as follows — Teas, Gov. Brigham, Messrs. Pay, Smith, Chittenden, 
Cahoon, & Stanley — 6. Nays, Messrs. Crawford, Leland, Hammond, 
Tomlinson & Bliss — 5. So the prayer was granted & a pardon issued 
accordingly. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence & proposals of amendment, Viz. " An act for the relief of 
John Wood & Aaron Killum ; An act for the relief of Aaron Killum 
& John Wood ; An act for the relief of Timothy Maynard ;" which were 
read [and] Resolved to concur in passing the same into Laws. 

His Excellency the Governor ordered the following Communication to 
be sent to the General Assembly : 

Hon. Richard Skinner Speaker of the House of Representatives. Sir, 
— I hereby communicate for the information of the Gen 1 - Assembly that 
the Hon. Martin Chittenden, James D. Farnsworth, S. C. Crafts, & Lu- 
ther Loomis have resigned their seats as members of the board of trust 
of the University of Vermont. The General Assembly will please to 
take proper measures to fill the vacancies thus occasioned. 

I have received a box of the laws of the United States passed at the 
Second Session of the 14 Congress supposed to contain 280 copies. The 
Gen 1 - Assembly will please to direct the distribution. 

I am, sir, &c. Jonas Galusha. 

Adjourned to 9 O'C. forenoon tomorrow. 



Wednesday October 21, 1818. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d a resolution of the house directing the Judiciary Committee to 
enquire into the expediency of amending the justice act &c. which was 
read & Resolved to concur in passing said resolution. 

Rec d the petition of Inhabitants of Chelsea with an order of the house 
referring the same to a committee of 4 to join, which was read & Resolved 
to concur in said reference. 

Rec d a resolution of the house instructing the Judiciary Committee to 
enquire into the expediency of amending the laws relating to roads & 
bridges — which was read & Resolved to concur in passing the same. 

The Governor & Council met the house in joint Committee to complete 
County appointments, & after progress the joint Committee adjourned to 
Wednesday 10 O'clock A. M. The Governor & Council then returned 
to their chamber & adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the following engrossed bills sent up for revision & concurrence 
or proposals of amendment. Viz. " An act for the relief of John Clark ; 
an act freeing the body of Avery Dennison from arrest & imprisonment ; 
an act for the relief ot Sam 1 button ;" which were severally read & 
Resolved to concur in passing the same into laws. 



230 Governor and Council — October 1818. 

Rec d a bill for the benefit of A. Tabor & E. C. Tabor with an order of 
the house thereon referring the same to the Committee of Claims, which 
being read Resolved to concur in said reference. 

Rec d the petition of Oliver Perry with an order of the house to refer 
the same to the Committee of insolvency, the same having been before 
referred, whereupon Resolved to concur in said reference. 

The petition of Ashbel Greely, a convict of the State's prison, praying 
for pardon, And on the question, Shall the prayer thereof be so far 
granted as relates to further imprisonment, fine & costs — the Yeas & 
Kays were called for & taken as follows, Viz. Yeas, Gov. Brigham, 
Messrs. Fay, Crawford, Leland, Smith, Stanley — 6. Nays, [Messrs.] 
Hammond, Tomlinson, Chittenden, Bliss & Cahoon — 5. So the prayer 
was granted & a pardon issued accordingly. 

The petitions of R. R Lewis, Jeremiah Hill, W m - Smith Jr. & John 
Johnson, convicts in State's prison, were read & dismissed. 

The petition of R. Watson, a convict in State's prison, was read & 
dismissed. 

Adj d to 9 O'C. A. ivl. to morrow. 



Thursday October 22, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d from the House the following engrossed bills sent up for revision 
& Concurrence & proposals of amend*- u An act for the relief of Jon a - 
Leavitt ; An act freeing the body of Refine Weeks from arrest or im- 
prisonment ; An act authorizing Annis Jenks, guardian, to Execute 
deeds to convey certain lands in this State, the estate of Minor Children ; 
An act for the relief of the Rutland fire Society ; An act laying a tax 
of 2 cents pr acre on the town of Middlesex ; An act laying a tax of 3 
cents pr acre on the town of Lunenburgh ; An act laying a tax of 4 cents 
pr acre on the town of Vineyard [Isle La Motte] ; An act laying a tax 
of 3 cents per acre on the town of Hardwick ; An act granting relief to 
John H. Peaslee & Nathan B. Haswell ; An act laying a tax of 3 cents 
pr acre on the town of Winhall ; An act laying a tax of 3 cents pr acre 
on the town of Calais ; An act laying a tax of 4 cents pr acre on Coit's 
Gore ; An act laying a tax on the County of Franklin ; An act directing 
the Treasurer to pay William Farnswofth the sum therein mentioned ; 
An act directing the Treasurer to pay Nathan Fuller the sum therein 
mentioned ;" which were severally read & Resolved to concur in passing 
the same into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

By direction of His Excellency the following communications was 
[were] sent to the Gen 1 Assembly : 

Hon. Richard Skinner Speaker of the House of Representatives. Sir, 
The Gen 1 - Assembly are hereby informed the States of New York, 
Deleware & South Carolina have each forwarded to me three copies of 
the laws of said States, one of which is for the use of the Executive of this 
State & one for each of the two branches of the Legislature of this State. 
Those copies intended for the General Assembly are subject [to] their 
direction. The authority of those States by which the above mentioned 
laws are transmitted has requested a return of a similar number of the 
copies of the laws of this State. The Gen 1 - Assembly will please to take 
the subject into consideration & adopt such measures at shall by them 
be deemed expedient. I am &c. Jonas Galusha. 



Governor and Council — October 1818. 231 

Hon 1 - Richard Skinner Speaker of the House of Representatives. Sir, 
Through you I would give information to the Gen 1 - Assembly that a va- 
cancy has happened in the office of Major General of the 2 d division of 
the militia of this State by the resignation of Major General Robinson. 
Also that there is a vacancy in the office of Brigadier Gen 1 of the 3 d 
Brigade & 3 d Division of said Militia by the resignation of Brigadier 
Gen 1 Wires. The Gen 1 Assembly will please to adopt proper measures to 
fill the afores d vacancies. I am, Sir, &c. Jonas Galusha. 

Rec d the bill for the benefit of the Town of Pittsford with an order to 
refer the same to the joint Committee of Claims — read & on motion Re- 
solved to concur in said reference. 

Rec d a resolution instructing the judiciary Committee to enquire into 
the expediency of making an addition to an act relating to the levying 
Executions &c. which being read Resolved to concur in said resolu- 
tion. 

Adjourned to 9 O'C. A.M. to morrow. 



Friday October 23 d 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d a resolution of the House instructing the Judiciary Committee 
to enquire into the expediency of amending the laws relating to the 
poor so as to affix a penalty on the overseers of the poor &c. which be- 
ing read Resolved to concur in said resolution. 

Rec d the Bill relating to the Support of Schools with an order of the 
house thereon referring the same to the Judiciary Committee — which 
being read Resolved to concur in said reference. 

Rec d a bill for the relief of Levi Bellows with an order of the house 
to refer the same to the Committee of Insolvency — when on motion Re- 
solved to concur in said reference. 

Rec d the petition of the l 8t independent Company of the 1 st Brigade & 
2 d division of the Militia, with an order to refer the same to the joint 
Military Committee, which being read Resolved to concur in said ref- 
erence. 

Resolved that the Council advise His Excellency the Governor, & He 
is hereby advised, to appoint the third Wednesday of April next to be 
observed as a day of Fasting & Prayer throughout this State & that he 
issue his proclamation accordingly. 

Mr Hammond was appointed on the Committee of Claims during the 
absence of Mr Butler. 

Adjourned to 2 O'C. P. M. 

2 O'CLOCK P. M. — Governor & Council met pursuant to adjournment. 

The petition of Jesse Brooks, a convict in State's prison, read & dis- 
missed. 

Rec d a bill appointing a committee to lay out a road from Lunenburgh to 
Barnet with an order of the house appointing a committee of 4 to join 
— which being read it was Resolved to concur in said reference & Mr 
Cahoon was appointed. 

The petition of Cornelius Young was rec d with an order of the house 
to refer the same to the committee on the petition of John Beckwith — 
on motion Resolved to concur in said reference. 

The account of William Slade Jr. was rec d with an order of the house 
to refer the same to the Committee of Claims, which being read Resolved 
to concur in said reference. 

The petition of the Inhabitants of Bridport was rec d with an order 
to refer the same to the Joint Military Committee & on motion 
Resolved to concur in said reference. 



232 Governor and Council — October 1818. 

Rec d a bill from the house appointing a committee to lay out a road 
from Col. Cobb's Mills in Barton to the Centre of Coventry — with an 
order of the house to refer the same to the Turnpike Committee — & on 
motion Resolved to concur in said reference. 

Rec d the petition of Benjamin Bell with an order of the house to 
refer the same to the joint Committee on the petition of Rebecca Den- 
nett, & on motion Resolved to concur in said reference. 

Received from the General Assembly the following engrossed bills 
sent up for revision & concurrence or proposals of amendment, Viz. "An 
act laying a tax of 3 cents pr acre on the town of Sherburn ; An act 
authorizing the Treasurer of the State to credit the first Constable of 
Lunenburgh the sum therein mentioned; An act directing the Treasurer 
to credit the first Constable of Pittsford the sum therein mentioned ; An 
act directing the Treasurer to credit the first Constable of Sherburn 
the Sum therein mentioned ; An act directing the Treasurer to credit 
Abner G. Holcomb 1 st Constable of Panton the sum therein mentioned ; 
An act directing the Treasurer to credit the town of Somerset the sum 
therein mentioned ; An act laying a tax of 4 cents pr acre on the town- 
ship Of Eden ; An act laying a tax of 3 cents pr acre on the lands within 
the charter bounds of Chittenden ; An act altering the name of Daniel 
Bigelow Hoar to that of Daniel Bigelow: An act authorizing the laying out 
& surveying the Stage road through Swanton ; An act authorizing the 
Judge of Probate for the District of Rutland to empower the administrator 
on the estate of Timothy Taft to deed certain lands; An act in addition to 
an act entitled an act constituting a company of Artillery in the town of 
Fairfax &c. ; An act in addition to an act constituting a company of 
Riflemen in Cavendish ; An act granting to John S. Larrabee " the 
exclusive right of keeping a ferry ; An act authorizing Elnathan Keyes 
to erect & keep a Toll bridge across Mississque river ; An act laying a 
tax on Waterford ; An act laying a tax of 3 cents pr acre on the town of 
Essex ; An act to provide for laying out & altering the county post 
road from the South line of St. Johnsbury to Nathan Hubbard's in 
Lyndon ; & An act authorizing Elias Kent administrator of Ezra Kent 
to deed land ;" which were severally read & Resolved to concur with the 
General Assembly in passing the same into Laws. 

Rec d the bill for regulating the militia of this State with an order of 
the House thereon referring the same to the Military Committee — & on 
motion Resolved to concur in said reference. 

Adjourned to 9 O'C. A. M. to morrow. 



Saturday October 24, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the report of the Secretary of State relative to the Deaf & Dumb 
within this State — with an order of the House to refer the same to the 
joint Committee on the petition of Mary Bowles — which being read Re- 
solved to concur in said reference. 

Rec d the resolution instructing the judiciary Committee to enquire 
into the Expediency of rendering more certain the Law relating to 
marriage & divorce — read & Resolved to concur in passing the same. 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the Expediency of enquiring what amendments ought to be made to the 
law declaring the Widows of testators entitled to dower, & to the act to 
prevent fraudulent Speculations, & the Sales of Choses in action— read 
[and] Resolved to concur in passing the same. 

Rec d the bill for the relief of Amasa Hayward, with an order of the 



Governor and Council — October 1818. 233 

house referring the same to the Committee of Insolvency — which being 
read Eesolved to concur in said reference. 

Rec d from the General Assembly the following Engrossed bills sent 
up for revision & concurrence or proposals of amendment, Viz. "An act 
altering the name of Philo Mills to that of Mason Porter Mills; An act 
admitting Joseph Huntington to the benefit of the poor debtor's oath; 
An act directing the treasurer to pay Jacob Kent the sum therein men- 
tioned; An act extending the time allowed by law for the Inhabitants of 
Windsor to make a certain road &c. ; An act directing the Treasurer to 
pay John Beckwith the sum therein mentioned; An act granting relief 
to Jon a - Cady; An act for the relief of Joseph Watson; An act freeing 
the body of James Sawyer from arrest & imprisonment; An act for the 
relief of Jabez Delano; An act for the relief of Thomas E. Williams; 
An act directing the Treasurer of this State to pay Nathan Jewett the 
sum therein mentioned;" which were severally read & Resolved to con- 
cur in passing said bills into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the bill for Hulling Oats & Barley, & manufacturing Oatmeal, 
with an order of the house to refer the same to a com ee of 3 to join — & on 
motion Resolved to concur in said reference & Mr Stanley was app d « 

Rec d a resolution instructing the Committee on Manufactures to en- 
quire into the expediency of appointing inspectors of Shingles — which 
being read Resolved to concur in said resolution. 

Rec d the following engrossed bills sent up for revision & concurrence 
or proposals of amendment, Viz. "An act for the relief of Jotham 
Forbes ; An act laying a tax of 4 cents pr. acre on the land in the town 
of Waterford ; " which were severally read & Resolved to concur in said 
bills. 

Adjourned to 9 O'C. A. M. Monday next. 



Monday October 26, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

His Excellency sent the following communication to the Gen 1 
Assembly— 

To Hon. Richard Skinner, Speaker of the House of Representatives. 
Sir, I transmit for the consideration of the Gen 1 - Assembly a copy of a 
Letter rec d by me from W m - Mercein of New York concerning the pub- 
lication of a military work therein mentioned. The Gen 1 Assembly will 
please to consider the propriety of complying with his request. I am, 
Sir, &c. Jonas Galusha. 

Rec d a bill directing the Treasurer to pay J. Y. Vail the sum therein 
mentioned, with an order of the house to refer the same to the Commit- 
tee of Claims — on motion Resolved to concur in said reference. 

Rec d abill for the relief of Barack Balston [Bolster] — one for the relief 
of Patterson & Blodget— with an order to refer the same to the commit- 
tee on the petition of R. Dennett — & on motion Resolved to concur in 
said reference. 

Rec d a resolution instructing the Judiciary Com ee to enquire into the 
expediency of amending the act relating to jails & jailers to prevent 
Depy gaolers from acting as magistrates, which was read & Resolved to 
concur in said resolution. 

Rec d the bill en d an act in amendment of an act appointing a Com- 
mittee to lay out a road from the Court house in Guildhall to Canada 



234 Governor and Council — October 1818. 

line, with an order to refer it to a committee of 2 to join, & on motion 
Resolved to concur in said reference & Mr Cahoon was app d - 

Rec d the bill laying a tax of 2 cents pr. acre on the town of Jay with 
an order referring the same to the land tax Committee — on motion Re- 
solved to concur in said reference. 

Rec d from the House a resolution instructing the Judiciary Commit- 
tee to enquire into the expediency of amending the laws relating to the 
retailing of Spirituous Liquors, which being read Resolved to concur in 
passing the same. 

Rec d a bill authorizing the Selectmen of Peacham to alter a certain 
road with an order of the house to refer the same to the Committee on 
the Petition of the inhabitants of Peacham — & on motion Resolved to 
concur in said reference. 

Rec d a resolution instructing the Committee of Manufactures to en- 
quire into the expediency of amending the law relating to the duty of 
Leather Sealers — read & Resolved to concur in the same. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

His Excellency the Governor sent the following communication to 
the Gen 1 - Assembly, Viz. 

Hon Richard Skinner Speaker of the House of Representatives. Sir, 
I hereby communicate for the information of the Gen 1 - Assembly that I 
have accepted the resignation of Major Gen 1 - Hibbard of the 4 th Division 
of the Militia of this State, & of Brigadier Gen 1 - Fenton of the 3 d bri- 
gade & same division. The Gen 1 Assembly will please to take proper 
measures to fill the vacancies thus occasioned. I am, Sir, &c. 

Jonas Galusha. 

The petition of Amos Davenport was rec d with an order of the house 
to refer the same to the committee of insolvency, which was read & Re- 
solved to concur in said reference. 

Rec d His Excellency's communication of the 26 th of October with an 
order of the house to refer the same to the Military Committee — on 
motion Resolved to concur in said reference. 

Rec d a resolution of the House appointing Wednesday next at 10 O'C. 
forenoon a time for both houses to meet to elect a Major Gen 1 - for the 2 d 
division & a Brigadier Gen 1 - for the 3 d Brigade & 4 th Division. Also for 
electing three Trustees for the University of Vermont. Also some per- 
son to preach the next election Sermon — which was read & Resolved to 
concur in said resolution with the following proposals of amendment, 
Viz. After the words "John Wires" in said resolution insert "Also to 
elect a Major General for the 4 th division in the room of L. Hibbard re- 
signed ; Also to elect a Brigadier Gen 1 - for the 3 d Brigade & 4 th division 
in the room of Brigadier Gen 1 R. W. Fenton resigned. — Also after the 
name of Luther Loomis, insert S. C. Crafts." — Mr Fay appointed to 
assign the reasons to the house. 

Rec d notice that the General assembly had concurred in the above 
proposals of amendment. 

Adjourned to 9 O'C. A. M. to morrow. 



Tuesday October 27, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjourn*- 

The petition of Kenney & Davis, on which report had been made & 
rejected by the Gen 1 - Assembly, was now rec d with an order of recom- 
mitment of the same & on motion Resolved to concur in said recom- 
mitment. 



Governor and Council — October 1818. 235 , 

Bec d an engrossed bill entitled "an act relating to the liability of Sher- 
iffs & High Bailiffs," which at the last session of the Gen 1 . Assembly had 
been nonconcurred by the Governor & Council, with an order of the 
house to refer the same to the Judiciary Committee — read & Resolved 
to concur in said reference. 

Rec d a resolution instructing the Committee who have had the report 
of the Superintendent of the Vermont State's prison under considera- 
tion to report what compensation he ought to have — & on motion Re- 
solved to concur in said resolution. 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the expediency of providing for perpetuating testimony — which was 
read & Resolved to concur in said resolution. 

Rec d a resolution instructing the judiciary Committee to revise the 
laws for the punishment of high crimes & misdemeanors — which being 
read Resolved to concur in said resolution. 

Rec d a bill for the relief of revolutionary pensioners with an order of 
the house to refer the same to the Committee of insolvency & on motion 
Resolved to concur in said reference. 

Rec d - from the house the following engrossed bills sent up for revision 
& concurrence or proposals of amendment — "An act for the relief of 
Noah Chittenden," & "An act authorizing the Treasurer to deed a cer- 
tain piece of Land:" which were severally read & Resolved to concur 
in passing the same into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d - the bill incorporating the Borough of Montpelier with an order 
of the house to refer the same to a committee of 2 to join— & on motion 
Resolved to concur in said reference. 

Rec d - the ace*- of N. Allen with an order of the house to recommit the 
same to the joint Committee of Claims— when Resolved to concur in 
said reference. 

Rec d - from the House the following engrossed bills sent up for revi- 
sion & Concurrence or proposals of amendment, Viz. "An act reviving 
a tax of 2 cents pr. acre on the town of Worcester; An act laving a tax of 3 
cents pr acre on the town of Albany ;— An act suspending process against 
William Campbell for the term of five years; — An act authorizing Ge- 
rardus Booth & Ezra Mygatt to bring a petition for a new trial in the 
Case therein mentioned; — An act in addition to an act entitled an act 
authorizing the Sheriff of the County of Grand Isle to provide a Jail in 
said County; — An act altering the time of the Sessions of the County 
Court in the County of Orleans; — An act rendering valid the records of 
the town of Concord; — An act for the relief of Justus Warren; — An act 
for the relief of Sarah Thompson ;— An act for the relief of Thomas 
Dodge Jr ; An act in addition to an act entitled an act incorporating 
certain persons therein named by the name of the White river Bridge 
Company ; An act authorizing the Auditor of Accounts against this 
""•State to audit certain accounts therein mentioned ; An act directing the 
Treasurer to credit Abel Bishop the sum therein mentioned ;" which 
were severally read & Resolved to concur with the General Assembly 
in passing the same into Laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Wednesday October 28, 1818. 9 O'C. A. M. 
Governor & Council met pursuant to adjournment. 
The Governor & Council met the House in joint Committee to elect 
Major & Brigadier Generals, Trustees of the University of Vermont, & 



236 Governor and Council — October 1818. 

a Chaplain to preach the next election Sermon, which being completed 
the Governor & Council returned to their Chamber & Adjourned to 2 
O'C. P. M. 1 

2 O'C. P. M. Governor & Council met pursuant to adj*- 

The engrossed bill, which had been concurred in by the Governor & 
Council was now called up, Viz. the bill entitled "an act laying a tax of 
2 cents pr acre on Worcester," & the vote of concurrence rescinded — 
when the same was again passed with amendments, erasing the name of 
Timothy Hubbard of Montpelier & inserting Noah Chittenden of Jeri- 
cho — and by erasing George Rich of Montpelier & inserting Thomas 
Chittenden of said Jericho. Mr Chittenden was appointed to Assign the 
reasons to the Gen 1 Assembly. 

Rec d the bill directing the Treasurer to pay J. Virginia the sum 
therein mentioned with an order to refer the same to the joint Committee 
on the petition of R. Dennett. Concurred. 

Rec d from the House the following engrossed bills sent up for revision 
& Concurrence or proposals of amendment, Viz. An act for the relief 
of Asa Hall & others ; An act for the relief of Sam 1 Johnson & others ; 
An act for the relief of George Small & bail ; An act for the relief of 
Tho g Stoddard — which were read & passed into Laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Thursday, October 29, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d a resolution appointing Friday October 30 th 1818 a time for both 
houses to meet to elect a Brigadier Gen 1 of the 2 d Brigade & 2 d Division 
& a Brigadier Gen 1 for the 2 d Brigade & 4 Division, an Auditor of Ac- 
counts ag* this State, & a Surveyor General, which was read & Resolved 
to concur in said resolution. 

Rec d a resolution of the house instructing the Judiciary Committee 
to enquire into the Expediency of repealing the several sections of the 
several laws therein mentioned — which being read Resolved to concur 
in said resolution. 

Rec d from the Gen 1 - Assembly the following engrossed bills sent up 
for revision & Concurrence or proposals of amendment, Viz. M An act 
freeing the body of Truman Powell from arrest &c. ; An act directing 
the Treasurer to pay Joshua Buzzell the sum therein mentioned; An 
act authorizing the Judge of Probate for the District of Orleans to deed 
lands to Elisha Brigham; An act directing the Treasurer to credit Ar- 
don Tabor & Edward C. Tabor the sum therein mentioned; An act free- 
ing the body of John Wilson from arrest & his property from attach- 
ment; An act for the relief Eben Conant; An act directing the Treas- 
urer to pay Ebenezer Lock the sum therein mentioned;" which were 
severally read & thereupon Resolved to concur in passing the same into 
Laws. 

Adjourned to 2 O'C. P. M. 

*The following elections were made : Jabez Delano Superintendent 
of the State Prison ; Perry G. Ladd and Frederick Smith jr. Maj r Gen- 
erals ; Josiah Grout and Seth Cushman Brig. Generals ; Rev. Calvin 
Yale, Guy Catlin, Samuel Hickok, and Leonard Worcester Trustees of 
the University of Vermont ; and Rev. James Converse to preach the 
next election sermon. 



Governor and Council — October 1818. 237 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d the engrossed bill entitled " an act dividing the State into Dis- 
tricts for electing representatives to the Congress of the United States 
&c." which was read & Resolved to non-concur in passing the same & 
that the same be returned to the Gen 1 - Assembly with the reasons there- 
for in writing — which was done. 

Rec d from the House the following engrossed bills sent up for revision 
& Concurrence or proposals of amendment, Viz. "An act directing the 
Treasurer to pay Nathaniel Kickols the sum therein mentioned; An act 
directing the Treasurer of this State to pay Benj n - Martin Jun. the sum 
therein mentioned;" And " an act directing the Treasurer to pay John 
Keep the sum therein mentioned;" [which were severally concurred in.] 

Adjourned to to morrow 9 O'C. forenoon. 



Friday October 30 th ' 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the report of the Committee to whom was referred the petition 
of Mary Bowles with an order to refer the same to the Committee who 
made the report to draw the Bill. Concurred. 

Rec d a bill in addition to an act authorizing William Allen of Essex 
to run out a line &c. with an order of the house to refer the same to a 
committee of 2 to join— which being read Resolved to concur in said 
reference & Mr Bliss was appointed to join. 

Rec d the bill appropriating a debt therein mentioned to the University 
of Vermont, with an order of the House to refer the same to the Com- 
mittee on the report of said University, which being read, Resolved to 
concur in said reference. 

Rec d the report of the Committee on the affairs of the University of 
Vermont, on which was an order of the house to refer the same to a 
Committee of 4 to join, which being read Resolved to concur in said 
reference & Gov. Brigham was appointed. 

Rec d the bill for laying out a road from the Green Mountain Turnpike 
to N. York line with an order to refer the same to the Turnpike Com- 
mittee—which being read Resolved to concur in said reference. 

Rec d the engrossed bill entitled " an act declaring the widows of tes- 
tators entitled to dower," sent up for revision & concurrence &c. read & 
passed into a Law. 

The engrossed bill entitled " an act freeing the person of Levi Bel- 
lows from arrest & imprisonment & his property from attachment or 
Execution for the term of 3 years," was sent up for revision & concur- 
rence &c— which being read it was passed with proposals of amend- 
ment & Mr Fay was appointed to assign the reasons to the House. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Governor & Council met the house in joint committee to elect Auditor 
of Accounts, Brigadier Generals & Directors of State Bank pursuant to 
the concurrent resolution of both houses — which being completed the 
Governor & Council returned to their Chamber. 1 

E The following elections were made : Wyllys Hall Jr. Auditor of 
Accounts ; Charles K. Williams and Joseph Edson Brigadier Generals ; 
Caleb Hendee Jr. Surveyor General ; and Benjamin Swan, Thomas 
Hammond, and Wyllys Hall Jr. Directors of the Vermont State Bank. 



238 Governor and Council — October 1818. 

Rec d the engrossed bill entitled " an act in addition to an act for regu- 
lating the conveyances of real estate & for the prevention of fraud" — 
sent up for revision & concurrence &c. — which being read Resolved to 
concur in said bill & that the same become a Law. 

Adjourned to 8 O'C. forenoon to morrow. 



Saturday October 31, 1818. 8 O'C. A. M. 

Gov. & Council met pursuant to adjournment. 

Rec d the bill suspending the collection of a certain demand against 
Joseph Watson & his bail, with an order to refer the same to the Com- 
mittee of insolvency, which being read Resolved to concur in said 
reference. 

Rec d the following engrossed bills sent up for revision & Concurrence 
&c. Viz. "An act laying a tax of two cents pr. acre on the town of Rip- 
ton ; An act laying a tax of two & one half cents pr. acre on the town of 
Kirby;" which were severally read & Resolved to concur in passing the 
same into Laws. 

The petition of Barack M c Donald, a convict of State's prison, which 
had been dismissed, was now called up, the vote of dismissal rescinded 
& on the question Shall the prayer thereof be so far granted as relates 
to further imprisonment, fine & costs ? the yeas & nays were called for 
& taken as follows Viz. [Yeas,] Messrs. Fay, Smith, Hammond, Tom- 
linson, Butler, Chittenden, Bliss & Stanley— 8. Nays [Messrs.] Craw- 
ford, Leland & Cahoon. So the prayer was granted & a pardon issued 
accordingly. 

Mr Keyes of the House came into Council Chamber & returned the 
bill districting the State for the purposes of electing representatives to 
Congress, which had been nonconcurrred by the Governor & Council, 
the house having again passed the same & requested the Governor & 
Council to concur &c. 

Rec d notice that the Gen 1 - Assembly had concurred in the amendments 
proposed by the Governor & Council to the bill freeing the body of Levi 
Beckwith from arrest & imprisonment. 

Rec d the bill directing the Treasurer to pay Thomas Todd the sum 
therein mentioned, With an order of the house to refer the same to the 
committee on the petition of R. Dennett — which was read & Resolved to 
concur in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the account of Wyllys Hall Jr. & the bill directing the Treasurer 
to pay Erastus Spicer the sum therein mentioned, with an order of the 
house to refer the same to the Committee of Claims — whereupon Re- 
solved to concur in said reference. 

Rec d the following engrossed bills, sent up from the house for revision 
& Concurrence or proposals of amend 1 - "Ah act laying a tax of two cents 
pr. acre on the town of Hyde Park ; An act altering the time of 
holding the December Term of the County Court in the County of Ben- 
nington," which were severally read & Resolved to concur in passing the 
same into Laws. 

Adjourned to 8 O'Clock forenoon Monday next. 



Governor and Council — November 1818. 239 

Monday November 2 d » 1818. 8 O'C. forenoon. 

Governor & Council met & adjourned to 2 Oclock P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Kec d the bill directing the Treasurer to pay Jabez Delano the sum 
therein mentioned, with an order of the house to refer the same to a 
committee of 4 to join, which was read & Resolved to concur in said 
reference & Mr Cahoon was appointed. 

Rec d the engrossed bill entitled an act dividing the State into Districts 
for electing Representatives to the Congress of the United States & di- 
recting the mode of election, [which] was now sent up again passed by 
the house, which was read & Resolved to concur in passing the same 
into a Law. 

Rec d the following engrossed bills, sent up for revision & concurrence 
or proposals of amendment, Viz. "An act directing the Treasurer to pay 
John Morrison the sum therein mentioned; An act directing the Treas- 
urer to pay Rebecca Dennett the sum therein mentioned ; An act to 
provide for resurveying the Stage road in Monkton & New Haven ; An 
act appointing a committee to lay out a public road from the Court 
House in Windsor to the Court House in Rutland ; " which were sever- 
ally read & Resolved to concur in passing the same into Laws. 

Adjourned to 8 O'clock A. M. to morrow. 



Tuesday November 3 d . 1818. 8 O'C. A. M. 

Governor & Council met. 

Rec d a bill authorizing Amos W. Barnum & others to erect a toll bridge 
in Vergennes &c. with an order of the house to refer the same to a com- 
mittee of 4 to join. Concurred & Mr Hammond app d - 

The engrossed bill entitled an act to revive a tax of 2 cents pr acre on 
the town of Worcester, which had been sent down to the house with 
proposals of amendment, was now returned with a nonconcurrence of 
the house to said proposals of amendment— from which the Council now 
rescinded & passed the bill into a Law as it originally stood. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence or proposals of amendment, Viz. u An act in addition to 
an act incorporating an Academy in the town of Brandon ; An act au- 
thorizing Elizabeth Noyes, administratrix to the estate of Aaron, Noyes 
Jr. to deed land &c. ; An act directing the Treasurer to pay George An- 
trim the sum therein mentioned ; An act incorporating certain persons 
therein named by the name of the Brandon fire Company ; An act 
granting relief to Oliver Perry ;" which were severally read & Resolved 
to concur in passing the same into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the Expediency of amending the laws relating to the levying Executions 
& to poor debtors — which being read Resolved to concur in said resolution. 

An engrossed bill was received from the house entitled "an act direct- 
ing the Treasurer to pay Joshua Y. Vail the sum therein mentioned," 
sent up for revision &c. which being read Resolved to concur in passing 
the same into a Law. 

Joshua Y. Vail Esq r of Montpelier was by the ballots of the Governor 
& Council elected Surveyor of Public Buildings for the Year ensuing. 

Adjourned to 8 O'C. A. M. to morrow. 



240 Governor and Council — November 1818. 

Wednesday Nov. 4, 1818. 8 O'C. A. M. 

Governor & Council met pursuant to adj'- 

Rec d the bill entitled an act to revive a land tax on the town of Jay, 
with an order of the house to refer the same to the [a] Committee of 2 
to join — which being read Resolved to concur in said reference & Mr 
Tomlinson was appointed. 

Rec d the engrossed bill entitled " an act to incorporate the President, 
Directors & Company of the Bank of Burlington," which was sent up 
for revision & concurrence &c. & on the question shall the said Bill pass 
& become a law, the Yeas & Kays were called for & taken as follows, 
Viz. Yeas, Gov. Brigham, Messrs. Crawford, Leland, Tomlinson, Chit- 
tenden & Stanley — 6. Nays, Messrs. Fay, Smith, Hammond, Butler, 
Bliss & Cahoon — 6. The Council being equally divided the Governor 
voted in the negative — so the bill did not pass and the same was ordered 
to be returned to the General Assembly non-concurred & Messrs. Fay, 
Butler & Smith were appointed to assign the reasons. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met &c. • 

Rec d a resolution from the House instructing the Committee on agri- 
culture to enquire into the Expediency of providing by law for the in- 
corporation of Societies for the improvement of agriculture — read & 
Resolved to concur in said resolution. 

Rec d a bill to prevent retailers of Spirituous Liquors from selling &c. 
with an order of the house to refer the same to the Judiciary Committee 
— which was read & Resolved to concur in said reference. 

Rec d the bill directing the Treasurer to pay Chapin Keith the sum 
therein mentioned, with an order of the house to refer the same to the 
Committee of Claims, which being read Resolved to concur in said 
reference. 

Adjourned to 9 O'C. A. M. to morrow. 



Thursday November 5, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d a resolution from the house instructing the Judiciary Committee 
to enquire into the expediency of amending the laws respecting the 
designation of scholars, which was read & Resolved to concur in said 
resolution. 

Rec d a resolution respecting the Exchange of Laws with other States, 
which being read Resolved to concur in said resolution. 

Rec the bill in addition to an act constituting the Supreme Court of 
Judicature with an order to refer the same to the judiciary Committee— 
which being read Resolved to concur in said reference. 

Rec d the petition of the inhabitants of Burke for a Land tax on sun- 
dry towns, which had been once committed & report made thereon that 
was rejected, & now the said petition was recommitted to the former 
committee, & on motion Resolved to concur in said reference. 

Rec d the bill directing the Treasurer to pay C. K. Williams & Jonas 
Clark the sum therein mentioned, with an order of the house to refer 
the same to the joint Committee of Claims — read & concurred. 

Rec d from the House the following engrossed bills sent up for revi- 
sion & concurrence &c. Viz. "An act assessing a tax for the support of 
Government; An act for the relief of John Mills; An act appointing a 
committee to lay out a road leading from the lower village in Grafton 
&c; An act directing the Treasurer to pay Kenney & Davis the sum 
therein mentioned; An act directing the Treasurer to pay Thomas Fos- 



Governor and Council — November 1818. 241 

ter the sum therein mentioned; An act appointing a collector for the 
town of Calais; An act authorizing the town clerk of the town of Wells 
to transcribe a part of the town records of said town;" which were sev- 
erally read & Resolved to concur in passing the same into Laws. 

Rec d the engrossed bill entitled " an act directing the Treasurer to pay 
Solomon W. Burke the sum therein mentioned," sent up for revision & 
concurrence or proposals of amendment, which being read Resolved to 
concur in passing the same into a Law with the following proposal of 
amendment — Viz. — erase the words "Sixty-Six dollars & fifteen cents " & 
insert " one hundred & fifty dollars." Gov. Brigham was appointed to 
assign the reasons. 

Mr Van Ness of the House came into Council Chamber & returned 
the bill entitled "An act incorporating the Bank of Burlington" — & which 
had been nonconcured by the Governor & Council, the General assem- 
bly having again passed the bill, & Mr Van Ness assigned the reasons 
of the house for the second passage of said bill. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d a bill in addition & amendment of an act entitled an act empow- 
ering the Selectmen &c. to take charge of & lease out the lands &c. with an 
order of the house to refer the same to the [a] Committee of 4 to join, 
which being read Resolved to concur in said reference & Mr Leland 
appointed. 

Rec d the bill entitled an act to provide for issuing Executions in cer- 
tain cases, with an order of the house to refer the same to the judiciary 
Committee, which being read Resolved to concur in said reference. 

Rec d the resolution instructing the judiciary Committee to enquire 
into the expediency of repealing the act in addition to the act directing 
the mode of passing laws, which being read Resolved to concur in pass- 
ing this resolution. 

Mr Hammond excused for the remainder of the session after tomorrow. 

Rec d the bill for the relief of Israel Abbott with an order to refer the 
same to the committee of insolvency, which being read Resolved to con- 
cur in said reference. 

Rec d the ace* of Thomas Davis with an order of the house to refer it 
to the Committee of Claims — on motion Resolved to concur in said ref- 
erence. 

The Petition of John Atwood, a convict, read & dismissed. 

The Bill entitled an act incorporating the President, Directors & Com- 
pany [of the Bank of Burlington] was taken up & passed into a Law. 

Adjourned to 9 O'C. A. M. to morrow. 



Friday November 6, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adj*- 

Rec d a bill appointing a committee to lay out a road from Stowe to 
Waterbury with an order of the house to refer the same to the commit- 
tee on petition of Inhabitants of Stowe, which being read Resolved to 
concur in said reference. 

Rec d the bill directing the Treasurer to pay Solomon W. Burke the 
sum therein mentioned with an order of the house to refer the same to 
the joint Committee of Claims. Nonconcurred. 

Rec d the bill in addition to an act authorizing William Allen to run 
the line between Essex & Westford, with an order of the house to refer 
the same to the former committee. Concurred. 

16 



242 Governor and Council — November 1818. 

The engrossed bill "An act to incorporate the president directors & 
company of the Bank at Burlington," was called up & the vote of con- 
currence rescinded & again passed with the following proposals of 
amendment, Viz. erase the words in the 20 th Sec. of the bill. And also 
to enact laws for the taxation of said bank &c. & add in the room thereof 
others. Mr Fay appointed to assign the reasons to the House. V 

Rec d the bill in addition to an act incorporating the Centre Turnpike 
Company with an order of the house to refer the same to a committee 
of 4 to join — which was read & Resolved to concur in said reference & 
Mr Tomlinson was app 4 - 

Rec d a resolution instructing the Committee of Claims to enquire into 
the expediency of establishing by law a permanent salary for the Super- 
intendent of the State's prison— which was read & Resolved to concur 
in said resolution. 

Rec d the following engrossed bills sent up for revision & concurrence 
&c. "An act in addition to an act supplementary to an act entitled an 
act for the probate of Wills &c; An act in addition to an act for the 
support of schools," which were severally read & Resolved to concur in 
passing said bills into Laws. 

Rec d from the house an engrossed bill entitled "An act granting a 
Lottery for the purpose of raising money for the deaf & dumb," sent up 
for revision & concurrence &c. which was read & Resolved to non-con- 
cur in passing the same & the reasons in writing were returned with the 
bill to the house. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. — "An act establishing a corporation by the name of 
the Tinmouth Turnpike Company ; An act directing the Treasurer to 
pay Erastus Spicer the sum therein mentioned ; An act directing the 
Treasurer to pay Thomas Todd the sum therein mentioned ;" which were 
severally read & resolved to concur in passing the same into Laws. 

The Bill to incorporate the President, Directors & Company of the 
Bank of Burlington was rec d with an order of the house to refer the 
same to a committee of 4 to join, & on motion resolved to non-concur 
in said reference. 

Mr Smith was excused for the remainder of the Session after to mor- 
row. 

Adj d to 9 O'C. A. M. to morrow. 



Saturday, Nov. 7, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr Nutting of the House came into Council Chamber & returned the 
engrossed bill entitled "an act directing the Treasurer to pay Solomon 
W. Burke the sum therein mentioned," which had been concurred by 
the Gov. & Co. with proposals of amendment which were nonconcurred 
by the house & again passed by the house & returned to the Gov. & Co. 

1 This record is far from creditable to so able and distinguished a man 
as Congressman Mallary. The Assembly journal shows that the pro- 
posed amendment was a provision requiring the bank to pay into the 
state treasury a tax of eight per centum of its dividends. This was 
changed to six per centum of the profits. 



Governor and Council — November 1818. 243 

for revision & concurrence. Mr Nutting assigned the reasons of the 
house for nonconcurring in said proposals of amendment. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. Viz. " An act to stay proceedings ag* the town of 
Woodstock ; An act in alteration of an act incorporating certain Turn- 
pike Companies &c; An act for the relief of Henry Blodget & John 
Patterson ; An act appointing a committee to lay out & survey a road 
from Randolph West Village to the Turnpike in Hancock near Butts' 
Bridge ; An act directing the Treasurer of this State to pay R. Stevens 
the sum therein mentioned ; An act for the relief of Ziba Loveland ; 
An act for the relief of Baruk Bolston" [Baruch Bolster;] which were 
severally read & Resolved to concur in said bills. 

Rec d the engrossed bill entitled an act directing the Treasurer to pay 
Jabez Delano the sum therein mentioned, sent up for revision & con- 
currence' &c. which was read & Resolved to concur in passing the same 
with the following proposal of amendment — by erasing the words "four 
hundred & fifty n and insert in the place thereof "five hundred." Mr 
Butler app d to assign the reasons to the house. 

Rec d from the House the following engrossed bills sent up for revi- 
sion & concurrence. "An act granting to Darius Ferris & Archibald 
Ferris &c. the right of keeping a ferry &c; An act constituting George 
Clinton Cahoon heir at Law to the estate of William Cahoon," which 
which were severally read & Resolved to concur in passing the same 
into Laws. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Mr Van Ness of the House came into Council & returned the bill en- 
titled an act to incorporate the President, Directors & Company of the 
Bank of Burlington, which had been sent down to the house amended, 
the House having nonconcurred in the proposals of amendment made 
by the Gov. & Council, and Mr Van Ness assigned the reasons of the 
House for their said nonconcurrence. 

Rec d the engrossed bill entitled "an act directing the Treasurer to 
pay Charles K. Williams & Jonas Clark the sum therein mentioned," 
sent up for revision & concurrence &c. which was read & Resolved to 
concur in passing the same into a Law. 

The Engrossed bill to incorporate the President, Directors & Company 
of the Bank of Burlington was called up & on motion Resolved to con- 
cur in passing the same with other proposals of amendment, after re- 
scinding from the amendments previously made. 

The engrossed bill entitled an act to provide for laying out and altering 
the public road from Chester to the East end of the Peru Turnpike 
nonconcurred & the reasons in writing sent with the bill to the house. 

Adjourned to 9 O'C. Monday morning next. 



Monday Nov. 9, 1818. 9 O'C. A. M. 

Mr Nutting of the House returned the bill entitled an act directing the 
Treasurer to pay Jabez Delano Superintendent of the Vermont prison 
&c. to which amendment had been proposed by the Governor & Council 
in which the House had nonconcurred, & Mr Nutting assigned the rea- 
sons—whereupon the said proposed amendments were rescinded & there- 
upon Resolved to concur in passing said bill into a Law. 

Rec d notice the Gen 1 - Assembly had concurred in the proposals of 



244 Governor and Council — November 1818. 

amendment made by the Gov. & Council to the bill To incorporate the 
President, Directors & Company of the Bank of Burlington. 

Rec d from the House the following engrossed bills sent up for revi- 
sion & Concurrence &c. Viz. "An act to revive a tax of two cents pr 
acre on the town of Jay; An act in addition to an act appointing a com- 
mittee to lay out a road from Court House in Chelsea to Court House in 
Danville; An act empowering Joseph Scott, Timothy Stanley & John 
W. Dana to make certain alterations in the County road leading from 
Montpelier to Stanley's Mills in Greensboro; An act establishing a 
Company of Artillery in 2 d Regt. 2 d Brigade & 3 d division of Militia of 
this State; An act annexing the 4 Company of Cavalry of the l 8t Bri- 
gade & 2 d division of Militia of this State to 3 d Regiment in said Brigade; 
An act laying a tax on the town of Holland ; An act appointing a col- 
lector of certain rate bills against the Inhabitants of Woodstock&c; An 
act directing the Treasurer to pay William Slade Jr. the sum' therein 
mentioned ; An act directing the Treasurer to pay Chapin Keith the 
sum therein mentioned ; An act laying a tax of 4 cents pr acre on the 
town of Navy [Charleston]; An act directing the Treasurer to pay H. 
Lovegrove for the benefit of Jeremiah Virginia the sum therein men- 
tioned; 1 An act in amendment of an act entitled an act empowering the # 
Selectmen in several towns in this State to take Charge of & Lease out the 
lands granted to the first settled Minister &c; An act laying a tax of 
three cents pr acre on the town of Morgan; An act appropriating a cer- 
tain sum of money therein mentioned for the purchase of ordnance ; 
An act to revive an act laying a tax on Parker's Gore ; An act to incor- 
porate agricultural Societies in the several counties in this State;" 
which were severally read & Resolved to concur in passing the same 
into Laws. 

Rec d a resolution from the house requesting the Governor & Council 
to appoint a committee of three persons to report a system of taxation — 
which was read & Resolved to nonconcur in said resolution & the same 
was returned to the House with the reasons for the nonconcurrence. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d from the House the following engrossed bills, sent up for revi- 
sion & concurrence &c. "An act to incorporate the President, Directors 
& Company of the Bank of Windsor; — An act to incorporate the Village 
of Montpelier; " which were severally read & Resolved to concur in 
passing the same into Laws. 

The bill entitled "an act directing the Treasurer«to pay Solomon W. 
Burke the sum therein mentioned" was now called up & Resolved to 
suspend the passing thereof until the next Session of the Gen 1 Assembly. 

Rec d the engrossed bill entitled "an act regulating & Governing the 
Militia of this State," which was sent up for revision & concurrence &c. 
[which] was now read & Resolved to concur in passing the same into a 
Law with certain proposals of amendment & Mr Cahoon was appointed 
to assign the reasons to the House. 

Adjourned to 9 O'C. forenoon to morrow. 

Seventy-five dollars by reason of being wounded in the battle of 
Plattsbursrh. 



Governor and Council — November 1818. 245 

Tuesday November 10, 1818. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d notice that the Gen L Assembly had concurred in the proposed 
amendments to the engrossed bill for regulating & Governing the Militia 
of this State. 

The Governor & Council [proceeded] to elect a Quarter Master Gen- 
eral for the State & on taking, sorting & counting the Votes it appeared 
that James Q. M c Farland of Orwell was duly elected. 

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

2 O'CLOCK P. M.— Governor & Council met pursuant to adjournment. 

Rec d the resolution of the House appointing Wednesday next at 7 
O'Clock A. M. a time for both houses to meet & adjourn — which was 
read & Resolved to concur in said resolution with a proposal of amend- 
ment by erasing out " Wednesday 11 & inserting "Thursday" in the place 
thereof. 

Rec d the following engrossed bills sent up for revision & Concurrence 
&c. Viz. "An act granting a tax on Canaan; — An act constituting a 
Company of Infantry in Chelsea in the County of Orange;— An act to 
provide for the removal of State's prisoners in the goal in the County of 
Orleans &c. — An act relating to the levying of Executions & to poor 
debtors;— An act in addition to an act constituting the Supreme Court 
of Judicature &c. — An act appointing a committee to lay out a road from a 
point or place in Stowe; — An act authorizing Adoniah Schuyler to deed 
a certain piece of Land;— An act for the relief of Daniel Stanniford; — 
An act for the relief of Ebenezer Hurd; — An act directing the Treas- 
urer to credit the l Bt Constable of Minehead [Bloomfield] the sura therein 
mentioned;— An act directing the Treasurer to pay Truman Purdy the 
sum therein mentioned;— An act in addition to an act entitled an act 
incorporating certain persons therein mentioned by the name of the 
Centre Turnpike Company; — An act for the punishment of certain cap- 
ital & other high crimes & misdemeanors;" which were severally read & 
Resolved to concur in passing the same into Laws. 

Adjourned to 8 O'C. A. M. to morrow. 



Wednesday Nov. 11, 1818. 8 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the engrossed bill entitled "an act in addition to an act con- 
stituting the Supreme Court &c. sent up for revision &c. — which was 
read & Resolved to concur in passing the same with proposals of amend- 
ment. Mr Fay appointed to assign the reasons. 

Mr Van Ness of the House came into Council Chamber & returned 
the bill last above named which had been returned to the house with 
certain proposals of amendment in which the House had nonconcurred. 
Mr Van Ness assigned the reasons for said nonconcurrence. The Gov- 
ernor & Council rescinded from said amendments & the bill was passed 
into a Law. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. "An act preventing certain magistrates from offici- 
ating in the cases therein mentioned ; An act relating" to betterments ; 
An act in addition to the act directing leather sealers in their office & 
duty; An act in amendment of an act~appointing a committee to lay out 
a public road from the Court house in Guildhall in the County of Essex 
to Canada Line ; An act in addition to an act in amendment of an act in 
addition to an act directing the mode of obtaining licenses & regulating 
Inns &c. ; An act restoring Sylvester Treat to his legal privileges ; An 



246 Governor and Council — November 1818. 

act in addition to an act entitled an act directing the levying & serving 
of Executions ; An act for the relief of Military Pensioners ; l An act in 
addition to an act entitled an act to empower the judges of the Supreme 
Court to grant bills of divorce ; An act making the necessary appropri- 
ations for the support of Government the present year & for other pur- 
poses ;" [which were severally passed in concurrence.] 
Adjourned to 2 O'clock P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d from the house the following engrossed bills sent up for revision 
& Concurrence &c. "An act for the removal of James German to the 
State's Prison ; An act in addition to & in alteration of an act entitled 
an act directing the appropriation of the lands in this State heretofore 
granted by the British Government ; An act in addition to an act re- 
ducing into one the several acts for laying out, repairing & clearing 
highways," which were severally read & Resolved to concur in passing 
the same into Laws. 

Rec d the resolutions of the house proposing amendments to the con- 
stitution of the United States respecting the Election of representatives 
to Congress & Electors of President & Vice President of the United 
States — which were read & Resolved to concur in passing said resolutions." 

Rec d the Engrossed bill entitled " an act in addition to an act to pre- 
vent fraudulent Speculations & the Sales of Choses in action;" which 
was read & Resolved to nonconcur in passing the same & the reasons 
for said nonconcurrence were returned to the house with the bill. 

The following resolution was passed & sent to the General Assembly 
for concurrence: 

" In Council Nov. 11, 1818. 

Resolved, the Gen 1 - Assembly concurring herein, that both houses 
meet in the representatives' room tomorrow morning at 7 O'Clock for 
the purpose of adjourning the Legislature without day." 

Rec d a resolution of the house directing the distribution of the Mili- 
tia Laws, & A Resolution for laying over all unfinished business to the 
next session of the Gen 1 - Assembly — which were severally read & Re- 
solved to concur in said resolutions. 

Adjourned till tomorrow 7 O'C. forenoon. 



Thursday November 12, 1818. 7 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

The Governor & Council repaired to the room of the House of Rep- 
resentatives & there met the General Assembly — and after an Address 
to the Throne of Grace by the Reverend Chaplain, agreeably to the con- 
current resolution of both houses, the Legislature adjourned without 
day. 

State of Vermont. — I hereby certify that the foregoing from 
Page 1 to page 80 inclusive [of manuscript Council Journals, Vol. 8,] is 
a true Journal of the proceedings of the Governor & Council of said 
State at their Session begun & held at Montpelier, on the Second 
Thursday of October A. D. 1818. R. C. Mallary, Secretary. 

x Title to a pension not to be a bar to the poor debtor's oath. 
• See Appendix C. 



FORTY-THIRD COUNCIL. 

OCTOBER 1819 TO OCTOBER 1820. 



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



Ezra Butler, Waterbury, 
William Cahoon, Lyndon, 
Truman Chittenden, Williston, 
Timothy Stanley, Greensboro', 
Thomas Hammond, Pittsford, 
Theophilus Crawford, Putney, 



David Fay, Bennington, 
Aaron Leland, Chester, 
Abel Tomlinson, Vergennes, 
John H. Cotton, Bradford, 
Seth Wetmore, St. Albans, 
Joseph Berry, Guildhall. 



Eollin C. Mallary, Poultney, Secretary. 
Chapin Keith, Barre, Sheriff. 



BIOGRAPHICAL NOTICES. 

John H. Cotton represented Bradford in the General Assembly 
1814 until 1819; was Councillor 1819 and 1820; Presidential Elector in 
1816; and Assistant Judge of Orange County Court 1812 until 1820. 
He was appointed to the last named office in 1820, but declined it to 
accept the office of Superintendent of the Vermont State Prison, from 
which he retired in 1838. — Vt. Hist. Magazine, Vol. ii, title Bradford ; 
Deming's Catalogue; and Walton's Vermont Begister. 

Seth Wetmore, born in Massachusetts, commenced practice as an 
attorney at St. Albans about 1800, was Sheriff of Franklin County 1809 
and 1810, Register of Probate 1814, Councillor 1819 until 1829, and Judge 
of Probate 1815 until his death in August 1830. He was remarkably 
unfortunate in pecuniary matters, but maintained his integrity. He 
officiated as magistrate in the trial of causes more than any other man 
in his town or county. — Vt. Hist. Magazine, Vol. n, title St. Albans ; 
and Deming's Catalogue. 



248 Governor and Council — October 1819. 

Joseph Berry first appeared on the records of Guildhall in 1799, as 
a member of the first church there organized. He represented the town 
in the General Assembly in 1816; was State's Attorney in 1815, '17, '18, 
'23, and '24 ; Chief Judge of Essex County Court in 1822 and '23 ; and 
Councillor 1819 until 1825. He removed to Newbury, and was Clerk of 
Orange County Courts 1850 until 1852.— Vt. Hist. Magazine, Vol. i, 
title Guildhall, and Vol. u, Orange County chapter. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION OF THE GENERAL ASSEMBLY AT MONTPELIER, 

October 1819. 



State of Vermont, ss. — A Journal of the proceedings of the Gov- 
ernor & Council of the State of Vermont at their Session begun & held 
at Montpelier on the second thursday of October A, D. 1819 being the 
14 th day of said month. Present His Excellency Jonas Galusha Gov- 
ernor ; His Honor Paul Brigham Lt. Governor ; Of the Honorable 
Council, Messrs. Thomas Hammond, Aaron Leland, Theophilus Craw- 
ford, William Cahoon, Timothy Stanley, Truman Chittenden, David 
Fay, & Abel Tomlinson. Chapin Keith Sheriff of Washington County. 
Rollin C. Mallary Secretary. 

Mr. Clark of the House came into the Council Chamber & informed 
the Governor & Council that the House had formed a quorum & were 
ready to receive any communication that the Governor & Council may 
please to make. Ordered that the Secretary give the Gen. Assembly 
notice that the Governor & Council had convened, formed a quorum & 
were ready to proceed to business. , 

Messrs. Leland, Fay, Cahoon were appointed & sworn as canvassing 
Committee, to join such as might be appointed on the part of the 
House. 

Mr Elliot of the House came into Council Chamber & gave notice that 
the House had on their part appointed a canvassing Committee. Or- 
dered that the Secretary give notice to the House that the Governor & 
Council had on their part appointed said Committee. 

Adjourned to 4 O'C. P. M. 1 

4 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Mr Pierpoint came into Council Chamber & gave notice that the Gen- 
eral Assembly had convened & were ready to hear the report of the 
canvassing Committee & requested the attendance of the Governor & 
Council. 

Governor & Council preceded to the representatives' room to hear the 
report of the canvassing Committee, which was read as follows, Viz. 

1 The election sermon was preached by Rev. James Converse. 



Governor and Council — October 1819. 249 

To the Honorable General Assembly now sitting — The Committee 
appointed to receive, sort & Count the votes for Governor, Lt. Governor, 
Treasurer, & Councillors for the year ensuing, having attended to the 
business of their appointment, do report that His Excellency Jonas 
Galusha is elected Governor, His Honor Paul Brigham Lieutenant 
Governor, Benjamin Swan Treasurer, and the Honorable David Fay, 
Theophilus Crawford, Thomas Hammond, Aaron Leland, Abel Tomlin- 
son, John H. Cotton, Truman Chittenden, Ezra Butler, William Cahoon, 
Seth Wetmore, Timothy Stanley & Joseph Berry are elected Councillors 
for the Year ensuing. Which is respectfully submitted. 

Aaron Leland, Chairman. 

D. Azeo A. Buck, Clerk. 

Thereupon proclamation was made by the Sheriff of Washington 
County accordingly. * 

Governor & Council returned to their Chamber & adjourned to 9 O'C. 
A. M. to morrow. 



Friday October 15, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Present His Honor Paul Brigham Lt. Governor, The Honorable David 
Fay, Thomas Hammond, Theophilus Crawford, Aaron Leland, Abel 
Tomlinson, Truman Chittenden, William Cahoon, Ezra Butler, Timothy 
Stanley, John H. Cotton, Seth Wetmore & Joseph Berry, Councillors, 
who now attended in the representatives' room & took the oaths of office 
& then they returned & subscribed the same. 

Mr. Van Ness of the House came into Council Chamber & gave notice 
that the Gen 1 - Assembly had organized & were ready to receive any 
communication that the Governor & Council may think proper to make. 

Rec d a resolution appointing one half past two O'C. P. M. this day for 
both houses to meet in the representatives' room to elect a chaplain for 
the Legislature for the present session— which was read & Resolved to 
concur in passing the same. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

His Excellency ordered that notice be given to the Gen 1 - Assembly 
that he would attend at half past two O'C. P. M. this day to take the 
oaths of office & make the Executive communication. 

His Excellency the Governor, attended by the Lt. Governor & the 
Councillors, proceeded to the Representatives' room & there in the pres- 
ence of both branches of the Legislature took the oaths of office as 
Governor for the year ensuing & made the following Speech. 8 

The Governor & Council returned to their Chamber. Mr Leland on 
motion & leave introduced the following resolution. 

In Council October 15, 1819. 

Resolved that His Honor the Lieutenant Governor be respectfully 
requested to furnish the Secretary of the Governor & Council with a 
copy of his Valedictory address this day delivered to the Legislature of 
this State, & that the Secretary be directed to record the same at large 
on the journals of Council as a testament of respect to his Honor for his 

1 The votes for Governor were as follows : Jonas Galusha 12,628, 
Bradley [probably William C] 1,035, Dudley Chase 658, scattering 1,085. 
8 For speech see Appendix A. 



250 Governor and Council — October 1819. 

long & faithful services to the State — which was read & adopted. Which 
address of His Honor the L'- Governor was as follows — 

Gentlemen of the Council & of the House of Bepresentatives — I embrace 
this opportunity to manifest my acceptance of the office to which I have 
been duly elected. And on this occasion I beg leave to observe that for 
more than forty years I have been honored by my fellow citizens with 
various offices both civil & military ; some of them of minor grades, 
others of more importance —all of them honorable. In the discharge of 
the duties incident to those offices to say that I have never erred would 
be absurd, but from the repeated elections which I have had it might be 
charitably hoped that I had invariably meant to discharge the duties 
which devolved upon me in such a way as would best promote the pub- 
lic welfare. 

I have now arrived at the age marked in Holy "Writ as a time of labor 
& sorrow — at a period too in which the world has lost its charms. For 
several years past I have neglected making a similar communication to 
this [ body ] from considerations in some degree aside from my own 
judgment & feelings — but for a long time I have determined not to let 
the present occasion pass without manifesting, in this public manner, 
that it is my wish hereafter not to be considered as a candidate for any 
office. — I have chosen the present time to make this communication, 
that the members of the Legislature and others might have the best 
opportunity to select a citizen whom they could present to the consider- 
ation of the freemen at large to fill the office which I now hold. 

I cannot refrain, at this time, as it probably is the only one which will 
ever present itself, to express the deep sense of gratitude which I feel 
to my fellow citizens for the many unmerited favors which they have so 
repeatedly bestowed upon me, & to offer up to that being who directs 
the destinies of worlds & of individuals in the best possible manner, my 
most fervent supplications for the prosperity & happiness of this State. 

And I am now ready, for the last time, to take the necessary oaths of 
office as required by the Constitution & Laws of this State. 

Montpelier October 15, 1819. Paul Brigham. 

Adjourned to 9 ? C. A. M. to morrow. 



Saturday October 16, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d notice that the Gen 1 - Assembly had appointed the following com- 
mittees to join from Council — Viz. A Committee of four denominated 
the Military Com ee - A committee of four denominated the Judiciary 
Com ee - A Com ce of four denominated the Com ee of Claims. A Com- 
mittee of four denominated Com ee of Insolvency. A Committee of 
four denominated Com ee on Manufactures. A Committee of four de- 
nominated the Com ee on Agriculture. A Committee of four denomi- 
nated the Land tax Com ee - A committee of four denominated the 
Committee on New Trials. A committee of four denominated the 
Turnpike Committee. Whereupon it was Resolved to join the above 
committees — and Mr Cahoon was appointed on the Military Comm ee « Mr 
Fay on the Judiciary Com ee , Mr Butler on the Committee of Claims, Mr 
Hammond on the Com ee of Insolvency, Mr Leland on Committee of 
Manufactures, Mr Chittenden on the Com ee on agriculture, Mr Tomlin- 
son on the land tax Com ee , Mr Wetmore on Com ee of New Trials, Mr. 
Cotton on Turnpike Com ee - 

Rec d the petitions of Eli Barnard— J. Barron— Dan 1 Coit— A. Daven- 
port— J. Willard— Alpheus Taft— E. Fassett— L. Park— S. Chase— E. & 



Governor and Council — October 1819. 251 

A. Field — C. Dexter — with an order of the house on each referring the 
same to the Committee on Insolvency, which were severally read & Re- 
solved to concur in said order of reference. 

Rec d from the House the petitions [of] Joseph Brown, W. Chamber- 
lain— W. Richardson— E. & R. White— B. Throop— B. Shepard— Select- 
men of Somerset — A. Woodward — N. Record Jr. with an order of the 
house to refer the same to the joint Com ee of Claims, whereupon Re- 
solved to concur in said reference. 

Rec d the Petitions of Starksboro — Stratton — Minehead [Bloomfield] 
— Woodford — Pet. & Remonstrance of Starksboro — Kellyvale [Lowell] 
— Westfield — Underhill — Royal Cutler — with an order of the house to 
refer the same to the land tax Committee — whereupon Resolved to con- 
cur in said reference. 

Petitions of Inhabitants of Fairfax — of Manchester — with an order of 
the house to refer the same to the Turnpike Committee, whereupon Re- 
solved to concur in said reference. 

Rec d petitions of Mary Bryant— Proprietors of Townshend — of Sam- 
uel Hunt — with an order of the house to refer the same to the Judiciary 
Committee, whereupon Resolved to concur in said reference. 

Rec d petition of members of 2 d Regt. 3 d Brigade 4 th Division of Mili- 
tia — of Band of musicians 2 d Reg* 2 d Brigade & 2 d Division with an 
order to refer to Military Com ee — Concurred & adj d to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d resolution of the House instructing Judiciary Com ee to enquire 
into the expediency of revising & amending the several laws for the 
punishment of inferior crimes — which was read & Resolved to concur in 
passing said resolution. 

Received a resolution referring so much of bis Excellency's Speech as 
relates to imprisonment for debt to the Judiciary Committee, which 
being read Resolved to concur in passing said resolution. 

Rec d a resolution of the House referring so much of his Excellency's 
Speech as relates to domestic manufactures to the Committee on Manu- 
factures, which being read Resolved to concur in passing the same. 

Rec d a resolution of the House referring so much of His Excellency's 
Speech as relates to this State's quota of arms furnished by the United 
States to the Military Committee, which being read Resolved to concur 
in passing said resolution. 

Received a resolution appointing Wednesday next at 2 O'C. P. M. a 
time for both houses to meet to elect judges of the Supreme court, 
which being read Resolved to concur in said resolution. 

Rec d the petitions of Jirah Durkee & of Abner Moore Jr. with an or- 
der to refer the same to the committee of New Trials, which being con- 
sidered Resolved to concur in said reference. 

Rec d petitions of Artillery Company Springfield & Independent Com- 
pany Chelsea with an order of the house on each referring the same to 
the joint Military Committee, which being considered Resolved to con- 
cur in said reference. 

Received the petitions of David Oaks— John Cameron — Thomas Witt 
— Wm. Langmaid — Thomas Bulkley with an order of the house on each 
referring the same to the Committee of Insolvency, which being con- 
sidered Resolved to concur in said reference. 

Rec d the petition of H. Wallace with an order of the house to refer the 
same to the Committee of Claims, which being considered Resolved to 
concur in said reference. 

Rec d the petition of Inhabitants of Ferrisburgh with an order to refer 
the same to a Committee of four to join, which being considered Re- 
solved to concur in said reference & Mr Stanley appointed to join. 



252 Governor and Council — October 1819. 

Received the petition of Jonathan Ross with an order of the house to 
refer the same to a Committee of four to join, which being read Re- 
solved to concur in said reference & Mr Crawford app d to join. 

The Petition of Amos Thompson & others was rec d with an order to 
refer the same to a Committee of four to join, which being considered 
Resolved to concur in said reference & Mr Berry was app d to join. 

Rec d the petition of Inhabitants of St. Johnsbury with an order to re- 
fer the same to a Committee of three to join, which being considered 
Resolved to concur in said reference & Mr Berry app d - 

Rec d the petition of Bathsheba Babbitt with an order of the house to 
refer the same to a Committee of three to join, which being considered 
Resolved to concur in said reference. 

Rec d the petitions of Mills De Forest, Inhabitants of Peru, & of Inhab- 
itants of Goshen Gore with an order of the house on each to refer the 
same to the land tax Committee, which being considered Resolved to 
concur in said reference. 

Rec d the Petition of James Olds with an order to refer the same to a 
Committee of four to join, which being considered Resolved to concur 
in said reference & Mr Cahoon was appointed. 

Rec d the petition of Selectmen & town Clerk of New Haven with an 
order to refer the same to a Committee of a member from each county, 
which being considered Resolved to join said reference & Mr Chittenden 
was appointed. 

Rec d the petition of Inhabitants of Wallingford with an order to refer 
the same to a committee of two to join, which being considered Re- 
solved to concur in said reference % Mr Crawford appointed. 

Received the petition of Elizabeth Gallup with an order to refer the 
same to a committee of four to join, which being considered Resolved to 
concur in said reference & Mr Berry was app d - 

Petition of Apollos Austin & John Kellogg with an order of the house 
was rec d referring the same to a committee of four to join, which being 
read Resolved to concur in said reference & Mr Berry was app d « 

Rec d petition of Inhabitants of Waltham with an order to refer the 
same to a committee of four to join, which being considered Resolved 
to concur in said reference & Mr Crawford app d - 

Rec d petition of Inhabitants of Brookline with an order of the House 
to refer the same to the committee on the petition of Inhabitants of 
Waltham, which being considered Resolved to concur in said reference. 

Rec d petition of Inhabitants of New* Haven with an order of the House 
referring the same to a committee of four to join, which being consid- 
ered Resolved to concur in said reference & Mr Stanley appointed. 

Adjourned to 9 O'C. A. M. Monday next. 



Monday October 18, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Present His Excellency Jonas Galusha, Gov r » His Honor Paul Brig- 
ham Lt. Gov r » The Hon 1 - Messrs Chittenden, Crawford, Hammond, 
Cotton, Cahoon, Berry, Fay, Wetmore, Leland & Stanley, Councillors. 

Rec d a resolution referring so much of His Excellency's Speech as 
relates to the Council of Censors to a Committee of 3 to join, which was 
read & Resolved to concur in passing the same & Mr Berry was ap- 
pointed. 

The Petition of Lyman Leach was rec d with an order to refer the same 
to a committee of 4 to join, which being considered Resolved to concur 
in said reference & Mr Stanley was app d - 



Governor and Council — October 1819. 253 

The petition of Inhabitants of Hardwicke was rec d with an order to 
refer the same to the committee on the petition of Inhabitants of St. 
Johnsbury, which being considered Resolved to concur in said reference. 

Rec d petition of Inhabitants of Salsbury with an order to refer the 
same to the committee on the petition of inhabitants of Ferrisburgh, 
which being considered Resolved to concur in said reference. 

Rec d from the House the bill incorporating the President, directors & 
co. of the Bank of Montpelier with an order to refer the same to the 
Committee on the petition of Jon a - Hunt Jr. which being considered 
Resol d - to concur in said reference. 

Rec d the bill for the preservation of Pickerell in Fairlee Pond with an 
order to refer the same to the Committee on agriculture, which being 
considered Resolved to concur in said reference. 

Rec d a resolution instructing the Committee on Manufactures to en- 
quire into the expediency of appointing inspectors of Shingles, which 
being read Resolved to concur in said reference [resolution.] 

The Petition of John Willard was rec d with an order of the house to 
refer the same to the Committee of New Trials, which being considered 
Resolved to concur in said reference. 

Rec d petition of Stebbins Walbridge with an order of the House to 
refer the same to a committee of four to join, which being considered, 
Resolved to concur in said reference & Mr Leland appointed. 

Rec d the petition of David Dickinson with an order of the House to 
refer the same to a committee of four to join, which being considered 
Resolved to concur in said reference & Mr Crawford appointed. 

Rec d a resolution referring so much of His Excellency's Speech as 
relates to the University of Vermont [to] a committee of a member from 
each county to join, which was read & resolved to concur in said resolu- 
tion & Gov. Brigham was app d - 

Rec d a bill appropriating a debt thereinjnentioned [to the University] 
with an order to refer the same to the com ee appointed on the resolution 
relating to the University of Vermont, which being considered Resolved 
to concur in said reference. 

Rec d the petition of the Episcopal Society of Fairfield with an order 
to refer the same to a committee of 4 to join, which being considered 
Resolved to concur in said reference & Mr Cotton was appointed. 

Rec d a resolution instructing the judiciary Committee to enquire into 
the expediency of revising the laws respecting the settlement of estates, 
which was read & concurred. 

Rec d the bill to provide for reports of decisions of Supreme Court, 
[and] An act in addition to an act entitled an act for the Probate of Wills 
&c. with an order of the house to refer the same to the judiciary Com- 
mittee, which were considered & Resolved to concur in said reference. 

Rec d a bill appointing a committee to lay out a road from Col. Cobb's 
in Barton to the centre of Coventry, the petition of Inhabitants of Lon- 
donderry, A Bill for the relief of Fairhaven Turnpike Company, A peti- 
tion of Waltham Turnpike Company, An act to provide for laying out & 
altering the Public road from Chester to the east end of the Peru Turn- 
pike, with an order of the house on each to refer the same to the Turn- 
pike Committee, which being considered Resolved to concur in said 
references. 

Rec d the Petitions of Truman Chittenden — Sears Luce — Nathan Ball 
— Jonathan Roberts — Ichabod Delano — Moses Bradley, with an order to 
refer the same to the Committee of insolvency, which being considered 
Resolved to concur in said reference. 

Rec d the petitions of John Wilson, T. Hill, S. Wheeler, T. Purdy, P. 
W. Hyde, Ja 8 - Elliot, Levi Taft, Bradford Barns, Isaac Nichols, T. Moony, 



254 Governor and Council — October 1819. 

with an order on each referring the same to the Committee of Claims, 
whereupon Resolved to concur in said reference. 

Rec d the Petitions ofBelvidere, Berkshire, Concord, Averill & Norton, 
Fayston, Woodbury, Vershire & Brownington, with an order of the 
house on each referring the same to the land tax committee, which 
being considered Resolved to concur in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d the Petitions of Dolly Atwood & of John Atwood — of Isaac Cobb, 
with an order of the house to refer the same to the Committee of insol- 
vency, which beng considered Resolved to concur in said reference. 

Rec d from the House a resolution appointing a Committee of three to 
join to take into consideration the expediency of establishing two pro- 
bate districts in the County of Addison, on which the house had ap- 
pointed a committee of six to join, which being read Resolved to concur 
in said resolution & Mr Chittenden app d - 

Rec d a bill establishing a permanent Salary of the judges of the 
Supreme Court, with an order to refer it to a com ee of one member from 
each County to join, which being read Resolved to concur in said 
reference & Mr Crawford was appointed. 

Rec d a resolution of the House appointing Tuesday next at 4 O'C. 
P. M. a time for both houses to meet in County Conventions to make 
nominations of County officers & the opening of the house on Wednes- 
day morning for the purpose of electing such officers, which being read 
Resolved to concur in said resolution. 

Rec d the petitions of Lincoln, Troy, Londonderry, with an order of 
the house on each referring the same to the land tax Committee, which 
being considered Resolved to concur in said reference. 

Rec d the petition of Marvell Parker, of Brownington, with an order of 
the house on each referring the same to the Committee of Claims, which 
being considered Resolved to concur in said reference. 

Rec d petition of overseers of the poor of Newfane, with an order to 
refer the same to the Committee of New Trials, which being considered 
Resolved to concur in said reference. 

Rec d petition of Inhabitants of Sheldon with an order to refer the 
same to a committee of two members of the house to join from Council, 
which being considered Resolved to concur in said reference & Mr 
Berry was appointed. 

Rec d the petitions of Joseph Huntington, of James Rich, with an 
order of the house to refer the same to the joint Committee on the 
Petition of James Olds, which being considered Resolved to concur in 
said reference. 

Rec d the petition of Solomon Chapin with an order of the house to 
refer the same to a committee of three to join, which being considered 
Resolved to concur in said reference & Mr Tomlinson appointed. 

Rec d the petitions of Inhabitants of Londonderry, of Brandon, of 
Guilford, of Putney, of Dummerston, with an order of the house to refer 
the same to the committee on the petition of Solomon Chapin, which 
being considered Resolved to concur in said reference. 

Rec d petition of Nathan Ball with an order of the house to refer the 
petition to a com ee of 4 to join, which being considered Resolved to 
concur in said reference & Mr Stanley appointed. 

Rec d the petition of Thomas Colby with an order to refer the same to 
the committee on the pet. of Nathan Ball, which being considered 
Resolved to concur in said reference. 

Rec d the petition of the Methodist Society [in the western district of 
Vermont] with an order to refer the same to a committee of six mem- 



Governor and Council — October 1819. 255 

bers of the house to join, which being considered Resolved to concur in 
said reference & Mr Tomlinson was appointed. 

Rec d the petition of Hutchins Hapgood with an order of the house to 
refer the same to the judiciary Committee, which being considered 
Resolved to concur in said reference. 

Rec d the petition of Ezekiel Ladd with an order of the house referring 
the same to a committee of three to join, which being considered Re- 
solv d to concur in said reference & Mr Stanley was appointed. 

Rec d from the house the Petition of Alson Haynes with an order to 
refer the same to a committee of 4 to join, which being considered Re- 
solved to concur & Mr Berry appointed. 

Rec d the petition of Inhabitants of New Haven with an order of the 
house to refer the same to a committee of 2 to join, which being con- 
sidered Resolved to concur in said reference & Mr Hammond app d - 

Rec d a bill to lay out a road from Lunenburgh to Barnet &c. with an 
order of the house to refer the same to a committee of two to join, which 
being considered Resolved to concur in said reference & Mr Cahoon 
was appointed. 

Rec d the Petition of the Vermont Medical Society with an order of the 
house to refer the same to a committee of four to join, which being con- 
sidered Resolved to concur in said reference & Mr Fay appointed. 

Rec d a bill granting to H". W. Kingsman [Kingman] & W m - H.Wilkins 
the privilege of erecting a wharf with an order of the house to refer the 
same to a committee of two to join, which was considered & Resolved 
to concur in said reference & Mr Wetmore was app d - 

Adjourned to 9 O'C. A. M. to morrow. 



Tuesday October 19, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d notice that the House had appointed a committee of Ways & 
Means to join from Council, whereupon resolved to join said committee 
& Mr Crawford was appointed. 

The petition of Alpheus Warner, a convict in State's prison praying 
for a pardon, was read & on the question shall the prayer thereof be 
granted ? The yeas & nays were called for & taken as follows, Viz. 
Yeas, Gov. Brigham, Messrs. Fay, Hammond, Crawford, Leland, Chit- 
tenden, Tomlinson, Stanley, Cotton & Wetmore. Nays none — so the 
prayer was granted & pardon issued accordingly. 

The petitions from Landgroye — of Amos Fisk — Abram M c Wain — In- 
habitants of Poultney — & of Ziba Loveland were rec d with an order of 
the house on each referring the same to the Committee of Ways & 
Means, which being considered Resolved to concur in said reference. 

Rec d resolution instructing the Committee of Ways & Means to en- 
quire into the expediency of authorizing the Auditor of Accounts to 
settle claims of first Constables arising from mistakes of grand lists, 
which being read Resolved to concur in said resolution. 

Rec d the petition of Ira Hill with an order of the house to refer the 
same to a Committee of two to join, which being considered Resolved to 
concur in said reference & Mr Wetmore was appointed. 

Rec d the bill appropriating the property of the State Bank to the use 
of Schools with an order of the house to refer the same to a committee 
of a member from each county to join, which being considered Resolved 
to concur in said reference & Mr Leland appointed. 

Rec d the petitions of Abial Abbott— Jacob Abbott— Dan Smith— W m - 
Baxter— Augustus Reed— Dan 1 - Caruth— Silas Hathaway— with an order 



256 Governor and Council — October 1819. 

to refer the same to the committee of insolvency, which being considered 
Resolved to concur in said reference. 

Rec d the petitions of Levi Fullum & others — of Josiah Dana, with an 
order to refer the same to the joint Committee on the petition of Nathan 
Ball, which being considered Resolved to concur in said reference. 

Rec d the inhabitants of Pittsford's petition with an order of the house 
to refer the same to the land tax Com ee ' which being considered Resolved 
to concur in said reference. 

Rec d the petitions of Frye Bayley, of Abel Page, with an order of 
the house on each referring the same to the Committee of Claims, which 
being considered Resolved to concur in said reference. 

Rec d petitions of Overseer of Poor of Clarendon— & of Silas Hathaway 
with an order of the house to refer the same to the joint committee of 
New trials, which being considered Resolved to concur in said reference. 

Rec d petition of Inhabitants of Grafton with an order to refer the 
same to the Turnpike committee, which being considered Resolved to 
concur in said reference. 

Rec d petition of James Lewis with an order to refer the same to the 
committee on the petition of Ira Hill, which being considered Resolved 
to concur in said reference. 

Rec d the petition of Martin Roberts with an order to refer the same 
to the Military Committee, which being considered Resolved to concur 
in said reference. 

The petition of John Bohonnon, a convict of the State's prison pray- 
ing for pardon, was read & on the question shall the prayer thereof be 
granted? the yeas & nays were called for & taken as follows — Yeas, 
Gov. Brigham, Messrs Fay, Hammond, Crawford, Leland, Chittenden, 
Tomlinson, Cahoon, Butler, Stanley, Cotton, Wetmore, Berry. Nays 
none — so the prayer of said petition was granted & a pardon issued 
accordingly. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the petitions of Marshfield, of Newbury, of West Fairlee, of Fair- 
lee, & of Greensboro' with an order of the house to refer the same to the 
joint committee on land taxes, which being considered, Resolved to 
concur in said reference. 

Rec d the account of T. Leverett, Petition of Rich d - Aldrich, with an 
order of the house to refer the same to the Committee of Claims, which 
being considered Resolved to concur in said reference. 

Rec d petition of Inhabitants of Vershire with an order to refer the 
same to the judiciary Committee, which being considered Resolved to 
concur in said reference. 

Rec d resolution instructing the judiciary Committee to inquire into 
the law in addition to the laws establishing the Supreme & County Courts 
passed October 11, 1814, which being read Resolved to concur in passing 
the same. 

Rec d the bill entitled an act in addition to an act to incorporate the 
Castleton Medical Academy with an order to refer the same to the Com- 
mittee on the petition of [Vt.] Medical Society, which being considered 
Resolved to concur in said reference. 

Adjourned to to morrow 9 O'C. A. M. 



Governor and Council — October 1819. 257 

Wednesday October 20, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

His Excellency ordered the following communication to be delivered 
to the Speaker of the Gen 1 * Assembly: 

Hon. William A. Griswold Speaker of the House of Representatives. 
Sir— I hereby communicate for the information of the Gen. Assembly 
that I have accepted the resignation of Brigadier General Roberts of 
the 1 st - Brigade & 2^ division of the Militia of this State. The Gen 1 - As- 
sembly [will] please to take proper measures to fill the vacancy thus oc- 
casioned. Jonas Galusha. 

The petition of John Louks, a convict of the State's prison, was read 
& ordered to be dismissed. 

Agreeably to the joint resolution of both houses the Governor & 
Council met the Gen 1 Assembly in joint committee to elect the County 
officers for the year ensuing & after progress the joint committee adj d 
to Wednesday next at the opening of the House. 

Rec d the petition of Harry Buell with an order of the house to refer 
the same to a committee of six members to join, which being consid- 
ered Resolved to concur in said reference. 

An act for the relief of Lemuel Kendrick with an order to refer the 
same to the members of Addison County was rec d from the House, 
which being considered Resolved to concur in said reference & Mr Tom- 
linson app d - 

Rec d the petition of Stephen Conant with an order of the house to 
refer the same to a committee of four to join from Council, which being 
considered, Resolved to coneur in said reference & Mr Stanley ap- 
pointed. 

Rec d the petitions of Ira Hawks & Barney Richmond with an order of 
the house on each referring the same to the committee of insolvency. — 
Concurred. 

Rec d a petition for an Artillery Co. in Barre with an order of the 
house to refer the same to the Military Committee, which being consid- 
ered Resolved to concur in said reference. 

Rec d the petitions of Parkerstown, John Wires' bill, with an order of 
the house to refer the same to the Committee of Claims, which being 
considered Resolved to concur in said reference. 

Rec d petition for land tax on Sterling, petition for a land tax on Or- 
ange, with an order of the house to refer the same to the land tax Com- 
mittee, which being considered Resolved to concur in said reference. 

Rec d petition & remonstrance from Irasburgh with an order to refer 
the same to the Turnpike Committee, which being considered Resolved 
to concur in said reference. 

Rec d the petition of John Spaulding with an order to refer the same 
to the judiciary Committee, which being considered Resolved to concur 
in said reference. 

Rec d a resolution instructing the judiciary Committee to enquire into 
the expediency of repealing the law entitled an act in addition to an act 
entitled an act directing the mode of passing laws, which being consid- 
ered Resolved to concur in said reference [resolution.] 

Rec d a resolution instructing judiciary Committee to enquire into the 
expediency of providing by law for creditors to support their debtors in 
jail, which being read Resolved to concur in said resolution. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Governor & Council met pursuant to adjournment. 

Rec d the resolution appointing the opening of the house P. M. this 

day a time for both houses to meet & elect a Brigadier Gen 1 for 1 Bri- 

17 



258 Governor and Council — October 1819. 

gade & 2 d division of Militia of this State, which being read Resolved to 
concur in passing said resolution. 

Rec d the petitions of John Gordon, Abel Dunkley, Reuben Clark, E. 
& S. Lumbard, & an act to amend an act for [relief of] Timothy Mat- 
thews, with an order of the House to refer the same to the Committee 
of insolvency, which being considered Resolved to concur in said ref- 
erence. 

Rec d resolution of the House instructing the judiciary Committee to 
enquire into the expediency of passing a law providing that pardons may 
be granted on condition that the convicts should leave this State & not 
return &c. which was considered & Resolved to concur in said resolution. 

Rec d resolution instructing the judiciary Committee to enquire into 
the expediency of making judgments final in actions of ejectment in 
cases of non-payment for rent, which was read & Resolved to concur in 
said resolution. 

Rec d the petition of the White river bridge Company with an order 
of the house to refer the same to a committee of 4 to join, which being 
considered Resolved to concur in said reference & Mr Chittenden ap- 
pointed. 

Rec d the petition of Joseph Berry with an order to refer the same to 
the committee on the petition of James Olds, which being considered 
Resolved to concur in said reference. 

Rec d the petition of Samuel Towsley with an order of the house to 
refer the same to the Committee of Ways & Means, which being con- 
sidered Resolved to concur in said reference. 

Rec d the petition of Walter Palmer with an order to refer the same to 
the Committee of Claims. — Concurred. 

Rec d the petition of Elias Keyes with an order of the house to refer 
the same to the committee of New Trials, which being considered Re- 
solved to concur in said reference. 

Rec d the petition of Inhabitants of Barnet with an order to refer the 
same to the committee on the bill for a road from Lunenburgh to Barnet 
which being considered Resolved to concur in said reference. 

The petitions of Joseph Reynolds & L. Beers, convicts in State's 
prison, were severally read & dismissed. 

Adjourned to 9 O'C. A. M. to morrow. 



Thursday October 21, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the petition of G. Atkinson — an act directing [relating to] the 
publishers of advertisements, a bill empowering [ordained] ministers 
of the Gospel to administer oaths &c. with an order of the house on each 
referring the same to the judiciary Committee, which being considered 
Resolved to concur in said reference. 

Rec d the petitions of Beriah Wright, of Salisbury, of Calvin Seaver, 
with an order of the house refering the same to the Committee of Claims, 
which being considered Resolved to concur in said reference. 

Rec d the petitions of Watson Jones, J. H. Carpenter, Abel & B. Fos- 
ter, Peter Bishop, with an order of the house on each referring the same 
to the Committee of insolvency, which being considered Resolved to 
concur in said reference. 

Rec d petition of inhabitants of Roxbury with an order to refer the same 
to the joint land tax Committee, which being considered Resolved to 
concur in said reference. 

Rec d petition of Inhabitants of Grafton, of Inhabitants of Windham, 



Governor and Council — October 1819. 259 

with an order of the house on each referring the same to the Turnpike 
Committee, which being considered Resolved to concur in said reference. 

Rec d the petitions of Wm. Williams & Jon a - Fassett with an order of 
the house to refer the same to a committee app d on the petition of 
Azariah Webb, which being considered Resolved to concur in said 
reference. 

Rec d the petition of Azariah Webb with an order to refer the same to 
a committee of two to join, which being considered Resolved to concur 
in said reference & Mr Cotton was appointed. 

Rec d the report of the Superintendent of the State's prison with an 
order of the house to refer the same to a Committee of four to join, 
which being considered Resolved to concur in said reference & Mr 
Leland was appointed. 

Rec d the account of the Superintendent of the State's prison with an 
order of the house to refer the same to the Committee on the report of 
the Superintendent of State's prison, which being considered Resolved 
to concur in said reference. 

Rec d the petition & remonstrance of the inhabitants of St. Albans 
with an order of the house to refer the same to a committee on 
the bill to erect a store & wharf on St. Albans bay, which being consid- 
ered Resolved to concur in said reference. 

Personally came into the Council Chamber the Hon. Dudley Chase & 
Joel Doolittle, Judges of the Supreme Court elect, to whom the several 
oaths required bv law were duly administered as judges as afores d - 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The petition of John Church, a convict of State's prison, 
was read praying for a pardon, and on the question Shall the prayer 
thereof be granted, the yeas & Nays were called for & taken as follows, 
Viz. Yeas, Messrs. Fay, Hammond, Crawford, Leland, Chittenden, 
Tomlinson, Cahoon, Butler, Stanley, Cotton, Wetmore & Berry.— Nays, 
none — so the prayer of said petition was granted. 

The Petition of Henry Rose, a convict in State's prison, was read 
praying for a pardon, & on the question Shall the prayer thereof be 
granted, the Yeas & Nays were called for & taken as follows — Yeas, Gov. 
Brigham, Messrs. Fay, Leland, Chittenden, Tomlinson, Cahoon, Butler, 
Stanley, Cotton, Wetmore & Berry. Nay, Crawford — so the prayer 
thereof was granted & a pardon issued accordingly. 

Rec d the bill directing the Treasurer to credit the town of Sterling 
the sum therein mentioned, & the petition of Charles Higbee Jr. with 
an order to refer the same to the Committee of Claims, which being con- 
sidered Resolved to concur in said reference. 

Rec d the petition of James Johnson with an order of the house to 
refer the same to the joint Committee of Claims, which being considered 
Resolved to concur in said reference. 

Rec d from the house a resolution appointing tomorrow morning a time 
for both houses to meet & elect an Auditor of Accounts against the 
State, which being read Resolved to concur in said resolution. 

Rec d the bill directing the Treasurer to pay the sum therein mentioned 
with an order of the house to refer the same to the Committee of Claims, 
which being considered Resolved to concur in said reference. 

Rec d the petition of Jon a - Robinson & others— of Moses Robinson, with 
an order of the house on each referring the same to the joint Committee 
on agriculture, which being considered Resolved to concur in said 
reference. 

Rec d the petition of Newfane with an order of the house to refer the 
same to the Turnpike Committee. Concurred. 

Ree d the petition of Dan. Smith with an order of the house to recom- 



260 Governor and Council — October 1819. 

mit the same to the Committee of Insolvency, & the petition of James 
Johnson with an order to refer it to the same committee, which being 
considered Resolved to concur in said references. 

Rec d the petition of Newark & Burke with an order to refer the same 
to a committee of 2 to join, which being considered Resolved to concur 
in said reference. 

Rec d the petition of Walter Palmer, & of P. R. True, with an order of 
the house to refer the same to the Committee of Ways & Means & to 
discharge the former committee appointed on the same, which being 
considered Resolved to concur in said reference & order of the house. 

Rec d the petition of William Baxter — Petition & remonstrance of 
the Inhabitants of Pittsford — of Samuel H. Hovey, with an order of the 
house to refer the same to the land tax Committee, which being con- 
sidered Resolved to concur in said reference. 

Rec d the petition of Inhabitants of Westminster — a bill constituting a 
company of riflemen in Newfane, with an order to refer the same to the 
Military Committee, which being considered Resolved to concur in said 
reference. 

Rec d the petition of Peter Severance with an order to refer the same 
to a committee of 4 to join, which being considered Resolved to concur 
in said reference & Mr Berry was appointed. 

Rec d from the house a bill to prevent the purchase of Choses in action 
with an order to refer the same to the judiciary Committee, which being 
considered Resolved to concur in said reference. 

Rec d a resolution of the house instructing the Military Com ee to exam- 
ine the military laws, which being considered Resolved to concur in said 
resolution. 

The Petition of J. Ervin, a convict in the State's prison, was read 
praying for a pardon, which being considered Ordered that the said 
petition be dismissed. 

The petition of Daniel W. Slaid, a convict of State's Prison, was read, 
praying for a pardon, which being considered, on the question Shall the 
prayer thereof be granted ? the Yeas & Nays were called for & taken as 
follows, Viz. Yeas, Gov. Brigham, Messrs. Fay, Hammond, Crawford, 
Leland, Chittenden, Tomlinson, Cahoon, Butler, Stanley, Cotton, Wet- 
more & Berry. Nays none — so the prayer of said petition was granted 
& a pardon issued accordingly. 

Adjourned to 9 O'C. A. M. to morrow. 



Friday October 22 d » 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d petitions of Elihu Tabor, C. Young, Obad h Eaton, Jacob F. Dodge, 
Jon a - Smith, Henry Hill & Jon a - Barber, with an order of the house on 
each referring the same to the committee of insolvency, which being 
considered Resolved to concur in said reference. 

Rec d the petition of John T. Rutter with an order of the house 
referring the same to the committee on the petition of James Olds, 
which being considered Resolved to concur in said reference. 

Rec d the petition of Inhabitants of Newfane with an order of the 
house referring the same to a committee of 4 to join, which being con- 
sidered Resolved to concur in said reference & Mr Stanley was app d - 

Rec d the account of Ira Owen, the petitions of Peter Garnsby, Josiah 
Bidwell, with an order of the house referring the same to the Commit- 
tee of Claims, which being considered Resolved to concur in said ref- 
erence. 



Governor and Council — October 1819. 261 

Rec d the petition of Inhabitants of Rochester with an order to refer 
the same to the Military Committee, which being considered Resolved 
to concur in said reference. 

Rec d the petition of the Selectmen of Whitingham with an order of 
the house referring the same to the judiciary Committee. Concurred. 

Rec d resolution instructing the Committee of Ways & Means to en- 
quire into the expediency of appointing an agent for the State to attend 
to business before said Committee, which was read & Resolved to con- 
cur in said resolution. 

Rec d the petition of Jabez Ingraham, the bill for the relief of Abra- 
ham M c Wain, with an order to refer the same to the Committee of 
Ways & Means, which being considered Resolved to concur in said ref- 
erence. 

Rec d the petition of the Rutland County agricultural Society with an 
order to refer the same to the Committee on agriculture, which being 
considered Resolved to concur in said reference. 

The petition of Timothy Morgan, a convict in State's prison, was read 
& dismissed. 

The petition of Levi Noble, a convict in the State's prison, was read, 
praying for a pardon, and on the question, Shall the prayer of said peti- 
tion be granted ? the Yeas & Nays were called for & taken as follows, 
Viz. Yeas, Gov. Brigham, Messrs. Fay, Hammond, Chittenden, Cahoon, 
Butler, Stanley, Cotton & Wetmore. Nays, Messrs. Crawford, Tom- 
linson & Berry — so the prayer was granted & a pardon issued accord- 
ingly. 

The petition of Thomas Hinman, a convict of State's prison, was read, 
praying for a pardon, and on the question Shall the prayer thereof be 
granted, the yeas & nays were called for & taken as follows— Teas, Gov. 
Brigham, Messrs. Fay, Hammond, Crawford, Leland, Chittenden, Tom- 
linson, Cahoon, Stanley, Cotton, Wetmore & Berry. Nays none — so the 
prayer was granted & a pardon issued accordingly. 

The petition of Henry H. Hill, a convict in the State's prison, was 
read & on the question Shall the prayer thereof be granted, the yeas & 
nays were taken as follows, Viz. Teas, Gov. Brigham, Messrs. Fay, Ham- 
mond, Crawford, Leland, Chittenden, Tomlinson, Cahoon, Stanley, Cot- 
ton, Wetmore & Berry. Nays none— so the prayer was granted and a 
pardon issued accordingly. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

The ace* of Thomas Davis, the petitions of E. D. Forrest, Henry 
Mead, Nathan Fuller, Samuel Hubbard, with an order of the house on 
each to refer the same to the Committee of Claims, which being consid- 
ered Resolved to concur in said reference. 

Rec d the petitions of Parkerstown, of Brownington, & the bill for 
Sterling, with an order of the house to discharge the Committee of 
Claims & refer the same to the Committee of Ways & Means, which be- 
ing considered Resolv'd to concur with the house in the aforesaid 
orders. 

Rec d the petition of Selah Hickox with an order to refer the same to 
the Committee on the petition of Azariah Webb, which being consid- 
ered Resolved to concur in said reference. 

Rec d a bill designating a place for Court house & jail in the County of 
Windham with an order to refer the same to the members of said 
County to join, which being considered Resolved to concur in said ref- 
erence & Mr Crawford appointed. 

Rec d the petition of Wait Branch with an order of the house refer- 



262 Governor and Council — October 1819. 

riDg the same to the judiciary Committee, which being considered Re- 
solved to concur in said reference. 

Rec d the petition of David Oaks with an order of the house referring 
the same to the judiciary Committee & discharging the Committee of 
insolvency from the further consideration of the same, which being con- 
sidered Resolved to concur with the house in the afores d orders. 

Rec d the petition of Walter Hamilton with an order to refer the same 
to the Committee of insolvency, which being considered Resolved to 
concur in said reference. 

The petitions of John Smith, Aaron Rowley & Calvin Hale, convicts 
in State's prison, were read & dismissed. 

The petition of Edward Patrick, a convict in the State's prison, was 
read, praying for a pardon, and on the question shall the prayer thereof 
be granted, the yeas & nays were taken as follows : Yeas, Gov. Brigham, 
Messrs. Fay, Hammond, Crawford, Leland, Chittenden, Tomlinson, Ca- 
hoon, Butler, Stanley, Cotton, Wetmore & Berry. Nays, none — so the 
prayer was granted & a pardon issued accordingly. 

Adjourned to 9 O'C. A. M. to morrow. 



Saturday October 23 d 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr Crawford excused from the Committee on the petition of Inhabit- 
ants of Brookline & Mr Leland app d - 

Mr Wetmore excused from the Committee of new trials so far as re- 
lates to the petition of Silas Hathaway & Mr Berry appointed. 

Rec d the petitions of David Page & Samuel Campbell with an order of 
the house referring the same to the committee of insolvency, which being 
considered Resolved to concur in said reference. 

Rec d bill for Belvidere, Petition of Waterman Ensworth, a bill direct- 
ing the Treasurer to pay Samuel Huntington the sum therein mentioned, 
with an order of the house to refer the same to Committee of Claims, 
which being considered Resolved to concur in said reference. 

Rec d a bill in addition to an act relating to the levying executions, an 
act relating to offsets, with an order of the house to refer the same to 
the judiciary committee, which being considered Resolved to concur in 
said reference. 

Rec d petition for a land tax on Barton, an act reviving a tax of 3 cents 
pr acre on Winhall, with an order to refer the same to the land tax 
committee, which being considered Resolved to concur in said reference. 

Rec d the petition of Howell Woodbridge with an order of the house 
to refer the same to committee of 4 to join, which being considered Re- 
solved to concur in said reference & Mr Chittenden appointed. 

Rec d the petition of Robert Allen with an order of the house to refer 
the same to the committee on the petition of Howell Woodbridge, which 
being considered Resolved to concur in said reference. 

Rec d the petition of Inhabitants of Reading & Plymouth with an 
order of the house on each referring the same to a committee of 4 to 
join, which being considered Resolved to concur in said reference & Mr 
Leland was appointed. 

Rec d resolution appointing a committee of one member from each 
County to enquire into the expediency of repealing the present judiciary 
system, to join from Council, which being considered Resolved to concur 
in said resolution, & Gov. Brigham was appointed. 

Rec d the bill for the relief of Philetus Pier with an order of the house 
to refer the same to the Committee of Ways & Means, which being con- 
sidered Resolved to concur in said reference. 



Governor and Council — October 1819. 263 

Rec d the bill to amend an act therein mentioned with an order of the 
house to refer the same to the Military Committee, which being consid- 
ered Resolved to concur in said reference. 

Rec d a resolution of the house instructing the judiciary Comm ee to 
enquire into the expediency of repealing the provision of the 6th section 
of an act relating to fines & forfeitures, which was read & concurred. 

Rec d from the house a resolution instructing the judiciary Committee 
to enquire into the expediency of authorizing by law registers of Probate 
to grant letters of administration in Certain cases, which was read & Re- 
solved to concur in said reference [resolution.] 

Rec d resolution instructing the judiciary Committee to enquire into 
the expediency of providing that the Supreme Court shall audit accounts 
for taking horse thieves, which was read & Resolved to concur in said 
resolution. 

Rec d resolution instructing the Military Committee to enquire into 
the expediency of furnishing the officers of militia with the system of 
infantry discipline [adopted by the laws of this State,] which was read & 
Resolved to concur in said resolution. 

The petition of David Hawkins was read, praying for the remission of 
a certain fine & costs therein mentioned, which being considered Re- 
solved to remit the fine mentioned in said petition. 

The petition of Calvin S. Harris, a convict in State's prison, was read, 
praying for a pardon, And on Ihe question Shall the prayer thereof be 
granted the yeas & nays were called for & taken as follows — Yeas, Gov. 
Brigham, Messrs. Fay, Hammond, Crawford, Leland, Tomlinson, Cahoon, 
Butler, Cotton & Wetmore. Nays, none — so the prayer was granted & 
a pardon issued accordingly. 

The petition of Joseph Whitney, a convict in the State's prison, was 
read, praying for a pardon, and on the question Shall the prayer thereof 
be granted, the yeas & nays were called for & taken as follows, Viz. 
[Yeas,] Gov. Brigham, Messrs. Fay, Hammond, Leland, Chittenden, 
Tomlinson, Cahoon, Butler, Stanley, Cotton & Wetmore. Nay, Mr 
Crawford — so the prayer was granted & a pardon issued accordingly. 

The petition of Willard Chapman, a convict in the State's prison, was 
read, praying for a pardon, & on the question shall the prayer thereof 
be granted, the yeas & nays were called for & taken as follows — Yeas, 
Gov. Brigham, Messrs. Fay, Hammond, Crawford, Leland, Cahoon, But- 
ler, Cotton & Wetmore— Nay, Mr Tomlinson — so the prayer was granted 
& a pardon issued accordingly. 

The petition of Arvin Potter, a convict in State's prison, was read, 
praying for a pardon, and on the question Shall the prayer be granted ? 
the yeas & nays were called for & taken as follows — Yeas, Gov. Brigham, 
Messrs. Fay, Hammond, Crawford, Leland, Tomlinson, Cahoon, Butler, 
Cotton & Wetmore— so the prayer was granted and a pardon issued ac- 
cordingly. 

The petition of James Murphy, a convict in the State's prison, praying 
for pardon, was read, & on the question shall the prayer of said petition 
[be granted,] the yeas & nays were called for & taken as follows— Yeas, 
Gov. Brigham, Messrs. Hammond, Fay, Crawford, Leland, Tomlinson, 
Cahoon, Butler, Cotton & Wetmore. Nays none— so the prayer was 
granted & a pardon issued accordingly. 

The petition of Ebenezer C. Starks, a convict in the State's prison, 
praying for a pardon, was read & on the question the yeas & nays were 
called for & taken as follows — Teas, Gov. Brigham, Messrs. Fay, Ham- 
mond, Crawford, Leland, Tomlinson, Cahoon, Butler, Cotton & Wet- 
more, JNays none— so the prayer of said petition was granted & a pardon 
issued accordingly. 



264 Governor and Council — October 1819. 

The petition of Uriah Sutton, a convict in the State's prison, praying 
for a pardon, was read, & on the question Shall the prayer of said petition 
be granted, the yeas & nays were called for & taken as follows— Yeas, 
Gov. Brigham, Messrs. Fay, Hammond, Crawford, Leland, Tomlinson, 
Cahoon, Butler, Cotton & Wetmore— Nays none. So the prayer of said 
petition was granted & a pardon issued accordingly. 

The petition of Lewis Cambridge, a convict in the State's prison, was 
read & dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the petition of Eleazer Flagg with an order of the house to refer 
the same to a committee of 4 to join,which was considered [and] Resolved 
to concur in said reference & Mr Stanley was appointed. 

Rec d bill respecting a land tax in Chittenden with an order of the 
house to refer the same to the land tax committee, which being con- 
sidered Resolved to concur in said reference. 

Rec d the bill granting a ferry to Eleazer Brooks with an order of the 
house to refer the same to a committee of 4 to join, which being con- 
sidered Resolved to concur in said reference & Mr Wetmore was duly 
appointed on said committee. 

Rec d the petition of Dolly Chase [Pease] with an order of the house 
to refer the same to a committee of 4 to join, which being considered 
Resolved to concur in said reference & Mr Leland was app d - 

Rec d the petition of Betsey Young with an order of the house referring 
the same to the committee on the petition of Dolly Pease, which being 
considered Resolved to concur in said reference. 

Adjourned to Monday next 9 O'C. A. M. 



Monday, October 25, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the bill directing the Treasurer to pay J. Y. Vail the sum there- 
in mentioned with an order to refer the same to the Committee of 
Claims, which being considered Resolved to concur in said reference. 

Rec d the bill to amend the act for the relief of Peaslee & Haswell with 
an order to refer the same to the committee of Insolvency, which being 
considered Resolved to concur in said reference. 

Rec d resolution instructing the Judiciary Committee to enquire into 
the expediency of reporting a bill directing the mode of giving notice to 
the defts. in actions on book before auditors, which being read Resolved 
to concur in said resolution. 

Rec d the bill directing the Treasurer to pay Thomas Hill & others 
the sum therein mentioned, which being considered Resolved to concur 
in said reference, it having been referred by the house to the Committee 
of Claims. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d resolution directing the Judiciary Committee to enquire into 
the expediency of providing by law for the recording of division fences, 
which being read Resolved to concur in said resolution. 

Rec d a resolution instructing the Military Committee to report the 
whole military force of this state, which being read Resolved to concur 
in said resolution. 

Rec d the bill to revive an act for a land tax in the town of Essex with 
an order of the house to refer the same to the land tax committee, which 
being considered Resolved to concur in said reference. 



Governor and Council — October 1819. 265 

Rec d a bill to legalize & confirm the doings of Joseph Knight Jr. &c. 
with an order of the house to refer the same to a committee of 2 to join, 
which being considered Resolved to concur in said reference & Mr 
Stanley appointed. 

His Excellency ordered the following communication to be sent to 
the Gen 1 - Assembly — 

In Council Oct. 25, 1819. 

Hon W m - A. Griswold Speaker of H. of Representatives. Sir — I here- 
with transmit for the information of the Gen 1 - Assembly the resolutions 
of the Legislatures of the States of Ohio & South Carolina respecting 
certain proposed amendments to the Constitution of the United States 
therein expressed. 

I have also received from the Government of the United States this 
State's proportion of the laws of the United States of the 15 th - Congress. 

I have not been informed of the number for the first session of that 
Congress that have been furnished — for the second session it appears 
that the number of copies forwarded is 258. I have delivered to the 
Judges of the Supreme Court a copy of the last mentioned laws. I have 
rec d a number of Volumes of State papers from the Secretary of State 
of the United States for the benefit of this State. The Gen 1 - Assembly will 
please to adopt proper measures for the distribution of the above men- 
tioned laws & State papers. 

I have also rec d a letter from Messrs. Gales & Seaton printers at 
Washington proposing to furnish this State with any desired number of 
copies of the Constitutions of the several States as they now exist, which 
they are about to publish. Should it be considered an object worthy of 
attention to procure a number of copies for the use of this Gov*- the Gen 1 
Assembly will please to express their wishes on the subject. 

Jonas Galusha. 

The petition of Samuel Durkee, a convict in the State's prison, was 
read & dismissed. 

Adjourned to 9 O'C. A. M. to morrow. 



Tuesday October 26 th - 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

The petition of Clark Caryl, a convict in the State's prison, was read 
& dismissed. 

Rec d a bill empowering Thomas Atkinson & F. Atkinson & George 
Atkinson to hold lands in this State, with an order to refer the same to 
the Judiciary Committee, which being considered Resolved to concur in 
said reference. 

Rec d resolution instructing the Judiciary Committee to enquire into 
the expediency of amending the laws relating to the duties of grand 
juries, which was read and Resolved to concur in said reference [res- 
olution.] 

Rec d a bill in behalf of Wyllys Hall [jr.] with an order to refer the same 
to Committee of Claims, which being considered Resolved to concurjn 
said reference. 

Rec d a resolution of the house appointing thursday the second day of 
December next to be observed as a day of public thanksgiving & praise 
throughout this State, which was read & Resolved to concur in said res- 
olution. 

Rec d the petition of Isaac Green with an order of the house to refer 
the same to the Committee on the report of the Superintendent of the 
State's prison, which was considered & Resolved to concur in said reso- 
lution [reference.] 



266 Governor and Council — October 1819. 

The petition of Ransom Munn, a convict of State's prison, was read, 
praying for pardon, & on the question shall the prayer of said petition 
be granted, the yeas & nays were called for & taken as follows — Yeas, 
Gov. Brigham, Messrs. Fay, Hammond, Chittenden, Tomlinson, Cahoon, 
Butler, Stanley, Cotton, Wetmore & Berry. Nays, Messrs. Crawford & 
Leland — So the prayer of said petition was granted & a pardon issued 
accordingly. 

Rec d a bill granting the exclusive right of keeping a ferry to Eleazer 
Brooks with an order to recommit the bill to the committee first ap- 
pointed on the same, whereupon Resolved to concur in said reference. 

Rec d the bill directing the Treasurer to pay Jason Newton the sum 
therein mentioned with an order to refer the same to the Com ee of 
Claims, which being considered Resolved to concur in said reference. 

Rec d the Engrossed bill for the relief of Samuel Towsley, sent up for 
concurrence & revision &c. which was read & on the question Shall the 
bill pass & be concurred in the yeas & nays were called for & taken as 
follows — Teas, Gov. Brigham, Messrs. Leland, Chittenden & Stanley. 
Nays, Messrs. Fay, Crawford, Tomlinson, Cahoon, Butler, Cotton, Wet- 
more & Berry — so it was resolved not to concur in passing said bill. 

On motion of Mr Fay the vote taken on the bill last above mentioned 
was rescinded. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. Viz. " An act directing the Treasurer to pay Abel 
Page the sum therein mentioned; An act directing the Treasurer to pay 
Benjamin Smith the sum therein mentioned ; An act directing the 
Treasurer to pay Pitt W. Hyde the sum therein mentioned ; An act 
for the relief of Samuel Towsley," which were severally read & Resolved 
to concur in passing the same into Laws. 

Rec d a bill respecting the laws for laying out & repairing highways 
with an order of the house to refer the same to a Committee of four to 
join, which being considered Resolved to concur in said reference & Mr 
Leland was appointed. 

Adjourned to 2 (TC. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d a resolution appointing a committee of four members of the 
house [to join] to enquire into the expediency of appointing a keeper of 
the State's prison by the joint Ballot of both houses, which was read & 
Resolved to concur in said resolution & Gov. Brigham was appointed. 

Rec d resolution instructing the judiciary Committee to enquire into 
the expediency of amending the 24 section of the Judiciary act & the 
act directing the mode of levying Executions, which was read & Resolved 
to concur in said resolution. 

Rec d the bill reviving a land tax on the township of Eden with an 
order to refer the same to the land tax Committee, which being consid- 
ered Resolved to concur in said reference. 

The petition of John Fisk, a convict of the State's prison, was read & 
on the question Shall the prayer of said petition be granted? the Yeas 
& Nays were called for & taken as follows. ' 

The petition of George R. Rice, a convict in State's prison, was read, 
paying for a pardon, and on the question shall the prayer of said petition 
be granted? the yeas & nays were taken as follows— Teas, Messrs. Fay, 
Hammond, Leland, Chittenden, Cahoon, Butler, Stanley, Cotton, & 
Berry. Nays, Messrs. Crawford, Tomlinson, & Wetmore — so the prayer 
of said petition was granted. 

1 The record was left thus incomplete. 



Governor and Council — October 1819. 267 

The petition of William Woodkook, a convict in the State's prison, 
was read, praying for a pardon, & on the question shall the prayer of 
said petition be granted? the yeas & nays were called for & taken as 
follows — Teas, Messrs. Fay, Hammond, Crawford, Leland, Chittenden, 
Tomlinson, Cahoon, Butler, Stanley, Cotton, Wetmore & Berry. Nays, 
none — so the prayer was granted and a pardon issued accordingly. 

The petition of John R. Knapp, a convict in the State's prison, was 
read, praying for a pardon, & on the question Shall the prayer of said 
petition be granted? the yeas & nays were called for and taken as fol- 
lows, Viz. Yeas, Messrs. Fay, Hammond, Crawford, Leland, Chitten- 
den, Tomlinson, Cahoon, Butler, Stanley, Cotton, Wetmore, & Berry. 
Nays none — so the prayer of said petition was granted & a pardon issued 
accordingly. ■ 

The petition of Emery Marble, a convict in the State's prison, pray- 
ing for a pardon, was read & on the question shall the prayer be granted, 
the yeas & nays were called for & taken as follows — Yeas, Messrs. Fay, 
Hammond, Crawford, Chittenden, Tomlinson, Butler, Stanley, Cotton, 
Wetmore & Berry. Nays, Messrs. Leland & Cahoon — so the prayer 
was granted & a pardon issued accordingly. 

The petition of Moses Clough, a convict in the State's prison, praying 
for a pardon, was read & on the question shall the prayer of said petition 
be granted ? the yeas & nays were taken as follows — Yeas, Messrs. Fay, 
Hammond, Crawford, Leland, Tomlinson, Chittenden, Cahoon, Butler, 
Stanley, Cotton, Wetmore & Berry. Nays none— so the prayer of said 
petition was granted & a pardon issued accordingly. 

The Petitions of Henry Stone, Selah Hickock, Ja B - Fitch, William 
Chase, W m - Lee, Squire H. Fletcher, G. Wheeler, Jesse Lucas, convicts 
in the State's prison, were severally read & dismissed. 

Adjourned to 9 O'C. A. M. to morrow. 



Wednesday October 27, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the petition & remonstrance of the selectmen of Grafton with 
an order to refer the same to the committee on the petition of Solomon 
Chapin, which being considered Resolved to concur in said reference. 

Rec d resolution instructing judiciary Com ee to enquire into the ex- 
pediency of providing by law that the grand jurors impanelled before 
Supreme Court have the same power as town grand jurors, which was 
read & Resolved to concur in said resolution. 

Rec d the petition & remonstrance of Inhabitants of Huntington with 
an order to refer the same to the Committee of Ways & Means, which 
being considered Resolved to concur in said reference. 

Rec d the petition of the Colonization Society with an order to refer 
the same to a committee of four to join, & it was Resolved to concur in 
said reference & Mr Wetmore was appointed. 

His Excellency's communication of October 26 th was rec d with an 
order of the house to refer the same to a committee of four to join, which 
being considered Resolved to concur in said reference & Mr Berry was 
appointed. 

Rec d the petition of Hoseah Chamberlin with an order of the house to 
refer the same to the committee on petition of Dolly Pease, which being 
considered Resolved to concur in said reference. 

Rec d the petition of Nathaniel Pease with an order to refer the same 
to the committee on the petition of Dolly Pease, which being considered 
Resolved to concur in said reference. 



268 • Governor and Council — October 1819. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence or proposals of amendment. Viz. "An act in addition to 
an act to incorporate the Castleton Medical Academy ; An act appoint- 
ing a collector in the town of Selden [Sheldon ;] An act directing the 
Treasurer to pay William Richards the sum therein mentioned ; An act 
directing the Treasurer to pay Solomon W. Burke the sum therein men- 
tioned ; An act directing the Treasurer to pay Billings Throop the sum 
therein mentioned ; An act for the relief of Abraham M c Waine ; An 
act directing the Treasurer to pay Wyman Chamberlain the sum therein 
mentioned " — which were severally read & Resolved to concur in pass- 
ing said bills into laws. 

The petitions of P. Wheeler, S. Leach Jr. Jesse Brooks, B. Phelps, J. 
Brown & John Dean, convicts in the State's prison, were read & dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the bill for the relief of Ziba Loveland with an order to refer the 
same to the Committee of Ways & Means, which being considered Re- 
solved to concur in said reference. 

The petition of H. Toulman, a convict in the State's prison, was read, 
praying for a pardon, & on the question shall the prayer thereof be 
granted— yeas & nays were called for & taken as follows — Teas, Messrs. 
Pay, Hammond, Crawford, Leland, Chittenden, Tomlinson, Cahoon, 
Butler, Stanley, Cotton, Wetmore & Berry. Nays none — so the prayer 
was granted & a pardon issued accordingly. 

The petitions of D. Butler, C. Fletcher, R. Watson, convicts in the 
■ State's prison, were read & dismissed. 

On motion & leave Mr Leland introduced the following resolution : 

Resolved to advise his Excellency & he is hereby advised to appoint 
the third Wednesday of April next to be observed as a day of fasting & 
prayer throughout this State & that his Excellency be requested to issue 
his proclamation accordingly. Which was adopted. 

His Excellency the Governor ordered the following communication to 
be sent to the Gen 1 - Assembly : Hon 1 - W 1 * A. Griswold Speaker of the 
House of Representatives. Sir — I hereby communicate for the infor- 
mation of the Gen 1 - Assembly that I have accepted the resignation of 
Brigadier Gen 1 - Hastings Warren of the 1 st Brigade & 3 d division, & of 
Brigadier Gen 1 - Samuel Lillie of the 1 st Brigade & 4 th division of the 
Militia of this State. The Gen 1 assembly will please to adopt proper 
measures to fill the vacancies thus occasioned. Jonas Galtjsha. 

The Governor & Council proceeded to ballot for a Surveyor of Public 
Buildings for the year ensuing, when Joshua Y. Vail was duly elected. 

Rec d from the Gen 1 - Assembly the following engrossed bills sent up 
for revision & concurrence or proposals of amendment : "An act em- 
powering Thomas Atkinson, Francis Atkinson & George Atkinson to 
hold lands [in this State;] An act directing the Treasurer to pay John 
Wilson the sum therein mentioned; An act directing the Treasurer to 
pay Nathan Record Jr. the sum therein mentioned; An act directing 
the Treasurer to pay John Wires the sum therein mentioned; An act 
directing the Treasurer to pay Charles Higbee Jr. & others the sum there- 
in mentioned; An act directing the Treasurer to pay Samuel Hurlburd the 
sum therein mentioned; An act directing the Treasurer to pay Brad- 
ford Barnes the sum therein mentioned," which were severally read & 
Resolved to concur in passing the same into laws. 

Adjourned to 9 O'C. A.M. to morrow. 



Governor and Council — October 1819. 269 

Thursday October 28, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Voted to rescind the vote to dismiss the petition of John Loux, a 
convict in the State's prison, & on the question shall the prayer of said 
petition be granted? the yeas & nays were called for & taken as follows 
— Yeas, Gov. Brigham, Messrs. Fay, Hammond, Leland, Chittenden, 
Butler, Stanley, Wetmore, & Berry. Nays, Messrs. Crawford, Tomlin- 
son & Cotton — So the prayer was granted & a pardon issued accordingly. 

The petition of Amariah Chace, a convict in the State's prison, was 
read, praying for a pardon, & on the question shall the prayer thereof 
be granted, the yeas & nays were called for & taken as follows — Teas, 
Gov. Brigham, Messrs. Fay, Hammond, Crawford, Leland, Chittenden, 
Tomlinson, Cahoon, Butler, Stanley, Cotton, Wetmore & Berry. Nays 
none — so the prayer of said petition was granted & a pardon issued 
accordingly. 

The petition of Jonathan Cartwright, a convict in State's prison, was 
read, praying for a pardon, and on the question Shall the prayer of said 
petition be granted, the yeas & nays were called for & taken as follows — 
Teas, Gov. Brigham, Messrs. Fay, Leland, Chittenden, Butler, Stanley, 
Wetmore, — 7. Nays, Messrs. Hammond, Crawford, Tomlinson, Cahoon, 
Cotton & Berry— 6— so the prayer of said petition was granted & a par- 
don issued accordingly. 

Rec d resolution instructing the judiciary Committee to enquire into 
the expediency of passing a law enforcing the first section of an act de- 
fining the powers of Justices of the peace, which was read & Resolved 
to concur in said reference [resolution.] 

Rec d a bill entitled an act in addition to an act for the support of 
schools with an order of the house to refer the same to the judiciary 
Committee, which being considered Resolved to concur in said ref- 
erence. 

Rec d a bill to appoint a Surveyor of lumber with an order to refer the 
same to the Committee on Manufactures, which was considered [and] 
Resolved to concur in said reference. 

Rec d resolution directing the Judiciary Committee to enquire into the 
expediency of providing by law for appointment of Commissioners in 
each County &c. [to administer oaths to poor debtors,] which was read 
& Resolved to concur in said resolution. 

Rec d an engrossed bill entitled " an act to repeal the first section of 
an act in addition to an act &c. defining the powers of Justices of the 
peace in this State, passed March 4, 1797," sent up for revision & con- 
currence &c. which was read & Resolved to concur in passing the same 
into a Law. 

The Hon ble Benjamin Swan, Treasurer elect, came into the Council 
Chamber & presented a bond for the performance of his duty as Treas- 
urer of this State signed by himself as principal & Charles Marsh & 
John [James] H. Langdon as sureties, which was accepted & approved 
by the Governor & Council & he was duly sworn to the faithful discharge 
of the duties of his office. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the petition of Inhabitants of Rockingham with an order to re- 
fer the same to the committee on the petition of Solomon Chapin, which 
being considered Resolved to concur in said reference. 

Rec d a resolution of the house instructing the Military Committee to 
enquire into the expediency of altering the 8 th section of the Military 
[militia] act, which was read & Resolved to concur in passing said reso- 
lution. 



270 Governor and Council — October 1819. 

Rec d a resolution of the house appointing tomorrow morning a time 
for both houses to meet & elect Brigadier Generals, surveyor General & 
some person to preach the next election sermon, which was read & Re- 
solved to concur in passing said resolution. 

Rec d a bill to repeal a part of an act therein mentioned, which con- 
tained an order of the house referring the same to the Military Commit- 
tee. Concurred to refer. 

Rec d a bill to appoint a committee to lay out & survey a road from 
South line of Waitsfield in the County of Washington &c. with an order 
of the house to refer the same to the Turnpike Committee, which being 
considered Resolved to concur in said reference. 

Rec d the bill in alteration of an act for encouraging the destroying of 
Wolves & Panthers with an order of the house referring the same to the 
Committee on agriculture, which being considered Resolved to concur 
in said reference. 

Rec d a bill directing the Treasurer to credit the first constable of Bel- 
videre the sum therein mentioned with an order of the house to refer 
the same to the Committee of Ways & Means, which being considered 
Resolved to concur in said reference. 

Rec d a bill to exempt the members of fire engine companies from 
military duty, with an order of the house to refer the same to the Mili- 
tary Committee, which being considered Resolved to concur in said 
reference. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. Viz. "An act for the relief of ParkerstowU ; An 
act for the relief of Dan Smith ; An act establishing an academy in 
Thetford in the County of Orange ; An act for the relief of Augustus 
Reed ; An act to provide for laying out & altering the county & post 
road through the town of St. Johnsbury near the Passumpsic Turnpike 
road ; An act to appoint a committee to lay out & survey a road leading 
from Chester south Village to east end of Peru Turnpike ; An act laying 
a tax of 3 cents pr acre on all the lands in the town of Lemington ; An 
act to provide for resurveying the stage road in Newhaven in the County 
of Addison ; An act directing the Treasurer to credit the town of Sals- 
bury in the County of Addison the sum therein mentioned ; An act for 
the relief of Nathan Ball ; An act for the relief of Samuel Chase ; An 
act laying a tax of 3 cents pr acre on the town of Vershire in the County 
of Orange; An act laying a tax of 3 cents pr acre on the township of 
Orange ; An act constituting a company of riflemen in the town of New- 
fane in the County of Windham ; An act directing the Treasurer to pay 
Isaac Nichols the sum therein mentioned ; An act laying a tax of 3 cents 
pr acre on Lincoln & Avery's gore ; An act laying a tax of 3 cents pr 
acre on the town of Sutton ; An act to remedy a mistake in the act 
granting a tax of 4 cents pr acre on Holland ; An act granting a new 
trial to Jirah Durkee ; An act releasing the body of Elias Fassett from 
arrest & imprisonment ; An act directing the Treasurer to credit the 
l 8t Constable of Sterling the sum therein mentioned ; An act directing 
the Treasurer to credit Philetus Pier first constable of Bristol the sum 
therein mentioned ;" which were severally read & Resolved to concur 
in passing the same into laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Friday October 29, 1819. 9 O'C. A. M. 
Governor & Council met pursuant to adjournment. 
Rec d a resolution appointing a committee to consist of a member from 
each county to take into consideration the expediency of providing for 



Governor and Council — October 1819. 271 

a more equal mode of setting property in the list &c. which was read & 
resolved to concur in said resolution & Mr Leland was appointed. 

Rec d a resolution requesting the Committee appointed to take into 
consideration that part of his Excellency's Speech which relates to the 
University of Vermont to make a statement of facts respecting both 
literary institutions in this State, which was read & Resolved to concur 
in said resolution. 

The Governor & Council met the house to complete County appoint- 
ments, & after progress the joint Committee adjourned to thursday next 
at 10 O'C. A. M. The Joint Committee proceeded according to concur- 
rent resolution to elect Brigadier Generals, Chaplain [preacher of next 
election sermon,] & Surveyor Gen 1 & returned to their Chamber. 1 

Rec d a bill authorizing the Judge of Probate for the district of Rutland 
to deed certain lands with an order of the house to refer the same to the 
Judiciary Committee, which being considered Resolved to concur in 
said reference. 

Rec d the account of Isaac Bailey with an order of the house to refer 
the same to the Committee of Claims, which was read & Resolved to 
concur in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d a resolution appointing a Committee of a member from each 
County to join to take into consideration the expediency of establishing 
future sessions of the Legislature at Burlington & Windsor, which was 
read & Resolved to concur in said resolution & Gov. Brigham was 
appointed. 

Rec d a bill for the relief of R. W. Fenton with an order to refer the 
same to the Committee of Ways & Means which was considered & Re- 
solved to concur in said reference. 

Rec d a bill directing the Treasurer to pay Rich Stevens the sum 
therein mentioned with an order to refer the same to the Committee of 
Claims, which was read & Resolved to concur in said reference. 

The petition of Benjamin Barnes, a convict in State's prison, was 
read, praying for a pardon, which being considered & on the question 
shall the prayer thereof be granted, the yeas & nays were called for & 
taken as follows — Yeas, Messrs. Brigham, Fay, Crawford, Chittenden, 
Tomlinson, Cahoon, Butler, Stanley & Berry. Nays, Messrs. Hammond, 
leland & Wetmore. — So the prayer of said petition was granted & a 
pardon issued accordingly. 

Rec d the following engrossed bills sent up for revision & concurrence 
or proposals of amendment, Viz. An act appointing a committee to lay 
out a road from Lunenburgh &c. to Barnet ; An act for the relief of 
Reuben Clark " — which being read Resolved to concur in passing the 
same into Laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Saturday October 30 th » 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the petition of Moses Bradley with an order to refer the same to 
the Committee of insolvency, which being considered Resolved to 
concur in said reference. 

1 The following elections were made : Somers Gale and Solomon W. 
Burke, Brigadier Generals ; Caleb Hendee jr. Surveyor General ; Rev. 
John E. Palmer to preach the next election sermon, and Rev. George 
Leonard substitute. 



272 Governor and Council — November 1819. 

Rec d a resolution instructing the Committee on the report of the 
Superintendent of the State's prison to consider what compensation 
shall be allowed to Superintendent of State's prison, which was read & 
Resolved to concur in said resolution. 

Rec d a bill for regulating the practice of Physic & Surgery in this 
State with an order to refer the same to the Committee on the petition 
of the Medical Society, which being considered Resolved to concur in 
said reference. 

Mr Leland was appointed on the committee heretofore appointed on 
the petition of Jon a - Fassett. 

Mr Chittenden, appointed on the Committee on the petition of the 
Town clerk of Newhaven, was now excused from that committee & Mr 
Wetmore appointed in his room. 

Adjourned to 2 O'C. P. M. 

2 O'C. P M. — Governor & Council met pursuant to adjournment. 

Mr Tomlinson was excused for the remainder of the session. 

Rec an engrossed bill entitled " an act laying a tax of four cents pr 
acre on the town of Concord," sent up for revision & concurrence &c. 
which was read & Resolved to concur in passing the same into a Law. 

Rec d a resolution instructing the judiciary Committee to enquire into 
the expediency of revising the judiciary system, which was read & Re- 
solved to concur in said resolution. 

Rec d resolution of the house instructing the Judiciary Committee to 
enquire into the expediency of making provision for the rights of Credit- 
ors, which was read, [and] Resolved to concur in said resolution. 

Rec d resolution of the house instructing the judiciary Committee to 
enquire into the expediency to provide for granting second trials in ac- 
tions where life or liberty may be taken, which was read & Resolved to 
concur in said resolution. 

Rec d resolution instructing military Committee to enquire into the 
expediency of amending the 13 th section of Militia Law to reduce Stand- 
ing Companies, which was read & Resolved to concur in said resolution. 

Rec d a bill directing the Treasurer to credit David Cram the sum 
therein mentioned, & an act authorizing the Auditor of Accounts ag*- 
this State to audit certain accts. with an order to refer the same to the 
Com ee of Claims. Concurred & adjourned to Monday next at 9 O'C. 
A.M. 



Monday November 1, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Mr Stanley appointed to perform the duties required by crder of Coun- 
cil to be performed by Mr Tomlinson excused for the remainder of the 
session. 

Rec d a bill granting to Joshua Sawyer the sum therein mentioned with 
an order of the house to refer the same to the Committee of Claims, 
which being considered Resolved to concur in said reference. 

Rec d a bill entitled an act in addition to the act ascertaining the prin- 
ciples on which the list of this State shall be made with an order of the 
house referring to the Committee of Manufactures, which being con- 
sidered Resolved to concur in said reference. 

Rec d the petition of Inhabitants of Grafton with an order of the house 
referring the same to the committee on the petition of Solomon Chapin, 
which being read Resolved to concur in said reference. 

Rec d a bill amending the act constituting the Supreme Court &c. with 
an order of the house to refer the same to Com ee of 4 to join, which was 
read & Resolved to concur in said reference & Mr Berry appointed. 



Governor and Council — November 1819. 273 

Rec d a bill to make void the doings therein mentioned with an order 
of the house to refer the same to the Turnpike Committee, which being 
considered Resolved to concur in said reference. 

The petition of Dan 1 - Robinson, a convict in the State's prison, was 
read & ordered to be dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met pursuant to adjournment. 

Rec d the petition of Inhabitants of Westford & Cambridge with an 
order of the house to refer the same to a committee of 3 to join, which 
being considered Resolved to concur in said reference & Mr Cotton was 
appointed. 

Rec d a bill laying a tax of 4 cents pr acre on the town of Coventry 
with an order of the house to refer the same to the land tax Committee, 
which being considered Resolved to concur in said reference. 

Rec d a bill directing the Treasurer to pay Daniel Adams the sum 
therein mentioned with an order of the house to refer the same to the 
Committee on the petition of Jon a - Fassett, which was read & Resolved to 
concur in said reference. 

Rec d a resolution instructing the Committee of Ways & Means to 
inquire why the town of Canaan has not paid taxes, which was read & 
Resolved to concur in said resolution. 

The petition of Simeon Walker a convict was read & dismissed. 

Rec d from the House the following engrossed bills sent up for revi- 
sion & concurrence &c. " An act for the relief of Silas Hathaway;— 
An act reviving a tax of 3 cents pr acre on the town of Winhall; — An 
act appointing a collector of certain rate bills against inhabitants of 
Hartford; — An act directing the treasurer to pay Willis Hatch the sum 
therein mentioned;— An act directing the Treasurer to pay Waterman 
Ensworth the sum therein mentioned; — An act for the relief of Amos 
Fisk & Amos Fisk Jr.; — An act to incorporate an agricultural Society in 
the County of Rutland; — An act directing the Treasurer to pay Jason 
Newton the sum therein mentioned; — An act directing the Treasurer 
to pay Thomas Mooney the sum therein mentioned; — An act relating 
to the dower of Elizabeth Gallup, widow of Oliver Gallup Esq r - Deceased, 
late of Hartland; — An act directing the Treasurer to pay Joshua Y. 
Vail the sum therein mentioned; — An act to legalize & confirm the do- 
ings of Joseph Knights Jr. therein mentioned;— An act for the relief of 
James Olds; — An act directing the Treasurer to pay Amaziah Wood- 
ward the sum therein mentioned; — An act constituting a Company of 
Artillery in the town of Barre in the County of Washington; — An act 
granting to Ira Hill the exclusive right of keeping a ferry; — An act for 
the relief of John Cameron; — An act in addition to & alteration of an 
act entitled an act constituting a Company of Infantry in Chelsea &c. ; — 
An act appointing a committee to examine a highway therein mentioned; 
— An act for the relief of Pearson True;" [which were severally passed 
in concurrence.] 

Adjourned to 9 O'C. A. *L to morrow. 



Tuesday 9 O'C. A. M. 2 of November 1819. 

Governor & Council met pursuant to adjournment. 

His Excellency ordered the following communication to be sent to the 
Gen 1 Assembly: — Hon. W m - A. Griswold Speaker of the House of Rep- 
resentatives. Sir, — I have received notice that the Hon. William Slade 
Jr. has declined the acceptance of the appointment of Judge of Probate 

18 



274 Governor and Council — November 1819. 

for the District of Addison for the year ensuing. The Gen 1 Assembly 
will please to adopt proper measures to fill said Vacancy. 

Jonas Galusha. 

Rec d the bill for the relief of Abner Moore Jr. with an order to refer 
the same to the committee of new trials, which being considered Re- 
solved to concur in said reference. 

An act repealing all acts exempting the property of Ministers of the 
Gospel from taxes was rec d with an order of the house referring the 
same to the Committee of "Ways & Means, which being considered Re- 
solved to concur in said reference. 

Rec d a bill laying a tax of 2 cents pr. acre on the township of Sterling 
with an order to refer the same to the land tax Committee, which being 
considered Resolved to concur in said reference. 

Rec d a bill from the house to legalize the doings of a committee ap- 
pointed to lav out a road from Stowe to Waterbury, which had been re- 
ferred to a [the] Turnpike committee — that order rescinded & referred to 
a committee of 2 to join, which was considered & Resolved Mr Chitten- 
den appointed to join. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. "An act for the relief of Barney Richmond; An act 
directing the Treasurer to pay Bohan Shepard the sum therein men- 
tioned "—which were read & Resolved to concur in said bills. 

Rec d a bill in addition to an act constituting the Supreme Court &c. 
with an order of the house referring the same to the judiciary Commit- 
tee, which was read & Resolved to concur in said reference. 

Rec d the bill repealing a part of an act reducing into one the several 
acts for laying out &c. highways with an order of the house to refer the 
same to a committee of 4 to join, which being considered Resolved to 
concur in said reference & Mr Wetmore was appointed to join. 

Rec d a bill repealing an act in addition to an act for the Support of 
Schools with an order of the house to refer the same to the judiciary 
Committee, which was considered & Resolved to concur in said ref- 
erence. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met pursuant to adjournment. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence & proposals of amendment, Viz. "An act in addition to 
an act granting relief to J. H. Peaslee & K. B. Haswell ; An act direct- 
ing the Treasurer to pay Hosea Chamberlin the sum therein mentioned;" 
which were severally read & Resolved to concur in passing the same 
into Laws. 

Rec d a resolution of the house directing the committee on the petition 
of Henry Buell to bring in a bill for a Lottery for the benefit of the deaf 
& dumb, which was read & Resolved to nonconcur in passing said 
resolution & Messrs. Fay & Leland were appointed to draw the reasons 
of Council for their nonconcurrence, which reasons were laid before the 
Governor & Council, accepted & sent with said resolution to the Gen 1 - 
Assembly. 

Rec d the Engrossed bill entitled " an act amending an act granting a 
lottery to Stephen Conant" &c. which was read & Resolved to nonconcur 
in passing the same. Messrs. Cahoon & Wetmore were appointed to 
draw up the reasons, which was done & laid before the Governor & 
Council & accepted & ordered to be sent to the Gen 1 - Assembly with 
the bill. 

Adjourned to 9 O'C. A. M. to morrow. 



Governor and Council — November 1819. 275 

Wednesday Nov. 3 d ' 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d a communication of the Superintendent of the State's Prison 
with an order of the house referring the same to the Committee of Ways 
& Means, which was read & Resolved to concur in said reference. 

Rec d a resolution from the house appointing Wednesday (this day) a 
time for both houses to meet & elect trustees to the University of Ver- 
mont to fill the vacancies that exist, which was read & Resolved to con- 
cur with a proposal of amendment to erase the word "Wednesday" & 
insert u Thursday." Mr Hatch of the house came into Council Chamber 
& gave notice that the Gen 1 Assembly had concurred in the said 
amendment. 

Rec d a bill directing the Treasurer to pay J. Mower the sum therein 
mentioned, & the Petition of Inhabitants of Elmore, with an order of the 
house on each referring the same to the Committee of Claims, which 
were considered & Resolved to concur in said references. 

Rec d the petition of overseers of poor of Newfane with an order of the 
house to refer the same to the Committee of new trials, which being 
considered Resolved to concur in said reference. 

Rec d the petition of Roderick Messenger & Daniel Douglass with an 
order of the house to refer the same to the Committee of Ways & Means, 
which being considered Resolved to concur in said reference. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. "An act laying a tax of 4 cents pr acre on the town 
of Brownington ; An act in addition to an act laying a tax of three cents 
pr acre within the charter bounds of Chittenden &c; An act restoring 
Joseph Huntington to his legal privileges ; An act laying a tax of 3 
cents pr acre on the town of Fayston ; An act incorporating certain 
persons therein named by the name of the St. Albans fire Company ; 
An act appointing a collector in the town of Putney ; An act to revive 
an act granting a tax of 3 cents pr acre on the town of Essex ; An act 
directing the Treasurer to pay H. Mead the sum therein mentioned ; 
An act restoring John T. Rutter to his legal privileges ; An act for the 
relief of Luther Park ; An act directing the Treasurer to pay Hiram 
Wallace the sum therein mentioned ; An act directing the Treasurer to 
pay James Elliot the sum therein mentioned ; An act directing, the 
Treasurer to pay Rich Stevens the sum therein mentioned ; An act 
laying a tax on the town of Roxbury of 4 cents pr acre ; An act restoring 
Amos Davenport to his legal privileges ; " which were severally read &, 
Resolved to concur in passing the same into laws. 

Rec d resolution directing the quarter master general to provide suit- 
able place for safe keeping the 617 stands of arms ready to be delivered 
by the United States, which was read & Resolved to concur in said res- 
olution. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d Pet. of Sam 1 - Jewell with an order of the house to refer the same 
to the Committee of Claims. Concurred. 

Rec d the engrossed bill ent d "an act in addition to an act for the relief 
of Timothy Mathews," sent up for revision & concurrence, which was 
read & passed into a Law. 

Adj d to 9 O'C. A. M. to morrow. 



276 Governor and Council — November 1819. 

Thursday November 4, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Governor & Council met the Gen 1 - Assembly in joint Com ee to elect 
County Officers & the Committee adjourned to Monday next at the 
opening of the house in the morning. The joint Committee then pro- 
ceeded to elect Trustees of the University of Vermont, & then the com- 
mittee for that purpose adjourned to Monday next at the opening of the 
house. ■ 

Rec d the bill directing the Treasurer to pay Jon a - Draper the sum 
therein mentioned with an order of the house to refer the same to the 
Committee of Claims, which was read & Resolved to concur in said ref- 
erence. 

Mr Wetmore excused for the remainder of the Session from & after 
tomorrow. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

The petition of selectmen of Somerset was rec d with an order of the 
house to refer the same to the Committee of Ways & Means, which be- 
ing considered Resolved to concur in said reference. 

Rec d the bill to lay out a road from St. Johnsbury to Concord with 
an order to refer the same to a committee of 2 to join, which was consid- 
ered & Resolved to concur in said reference & Mr Cahoon was appointed. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. "An act for the relief of Moses Bradley ; An act 
restoring James Rich to his legal privileges ; An act directing the 
Treasurer to credit the constable of Brownington the sum therein men- 
tioned," which were severally read & Resolved to concur in passing said 
bills into Laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Friday Nov. 5 th - 1819. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d the following engrossed bill enti d - " an act in addition to an act 
for the due .observation of the Sabbath," which was sent up for revision 
& concurrence &c. & was read & Resolved to concur in passing the same 
into a Law. 

Rec d the petition of Dolly Atwood with an order of the house refer- 
ring the same to the Judiciary Committee, which being considered Re- 
solved to concur in said reference. 

Rec d the bill for the relief of Levi Fullum & Joel Tinker with an order 
of the house referring the same to the Committee [on petition] of Nathan 
Ball, which being considered Resolved to concur in said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met agreeably to adjournment. 

Rec d from the house a bill to prevent the purchase of Gnoses in action 
with an order of the house to refer the same to the judiciary Committee, 
which being considered Resolved to concur in said reference. 

Rec d the bill for the relief of certain of the Militia of this State with 
an order of the house to refer the same to the Committee of Claims, 
which being considered Resolved to concur in said reference. 

Adjourned to 9 O'C. A. M. to morrow. 

1 The Trustees elected were Titus Hutchinson, Calvin Yale, William 
Nutting and William Baxter. 



Governor and Council — November 1819. 277 

Saturday Nov. 6, 1819. 9 O'C. A. M. 

Governor & Council met pursuant to adjournment. 

Rec d the bill to provide for altering the county road from Bellows Falls 
in Rockingham &c. with an order of the house to refer the same to the 
committee on the petition of Solomon Chapin, which was considered & 
Resolved to concur in said reference. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. An act for the relief of David Oaks; An act direct- 
ing the Treasurer to pay Jabez Delano the sum therein mentioned; An 
act granting to James Lewis the exclusive right of keeping a ferry; An 
act directing the Treasurer to credit Thaddeus Roys l Bt Constable of the 
town of Lemington the sum therein mentioned; An act to revive an act 
empowering Joseph Scott &c. to make certain alterations in a county road 
&c. ; An act directing the Treasurer of this State to credit David Crane 
the sum therein mentioned; An act appointing a committee to lay out 
a road from Cobb's mills in Barton to the center of Coventry; An act 
directing the Treasurer to credit the l 8t Constable of the town of Belvi- 
dere the sum therein mentioned; An act to provide for laying out & 
surveying a market road from the Village in Middlebury to lake Cham- 
plain; An act for the relief of Dan 1 - Coit; An act for the relief of 
Alpheus Taft; An act laying a tax on the County of Orleans; An act 
laying a tax of 6 cents pr acre on Goshen Gore; An act reviving an act 
laying a tax of 4 cents pr acre on the township of Eden; An act laying 
a tax of 3 cents pr acre on the town of Guildhall; An act appointing a 
committee to resurvey a part of the Stage road from Middlebury to 
Pittsford; An act for the relief of Thomas Witt; An act to repeal an 
act therein mentioned; An act directing the Treasurer to pay Thomas 
Leverett the sum therein mentioned; An act laying a tax of 3 cents pr 
acre on the town of Marshfield; — which were severally read & Resolved 
to concur in passing the same into laws. 

Rec d the engrossed bill entitled an act in addition to an act providing 
for the Government & management of the State's prison, sent up for 
revision & concurrence &c. which was read & on the question Shall the 
Governor & Council nonconcur in said bill the yeas & nays were taken 
as follows: Yeas, Gov. Brighara, Messrs. Fay, Crawford, Cahoon, Butler, 
Stanley, Cotton, Wetmore & Berry. Nays, Messrs. Hammond, Leland 
& Chittenden — so the bill was nonconcurred & the reasons in writing 
returned to the Gen 1 Assembly with the bill. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met agreeably to adjournment. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. An act for the relief of Abner Moore Jr. ; An act for 
the relief of the Overseers of Newfane; An act laying a tax of four cents 
pr. acre on the town of Derby in the County of Orleans; An act for the 
relief of Ziba Loveland; An act freeing & releasing the body of Jacob 
F. Dodge from arrest & imprisonment— which were severally read & 
Resolved to concur in passing the same into Laws. 

Rec d the petition of Stebbins Walbridge with an order of the house 
to refer the same to the Judiciary Committee, which was considered & 
concurred in said reference. 

Rec d the bills, an act repealing an act therein mentioned— & an act 
for the relief of certain of the Militia of this State, with an order of the 
house on each referring the same to the Judiciary Committee, which 
were considered & Resolved to coucur iu said reference. 

Rec d the bill in addition to an act incorporating a Company of Artil- 
lery in the town of Montpelier with an order to refer the same to the 



278 Governor and Council — November 1819. 

Military Committee, which being considered Resolved to concur in said 
reference. 

Rec d the bill directing the Treasurer to pay Thomas Richards the sum 
therein mentioned with an order of the house referring the same to the 
Committee of Claims, which being considered Resolved to concur in 
said reference. 

Rec d the petition of sundry Inhabitants of Craftsbury with an order 
to refer the same to the land tax Committee, which being considered 
Resolved to concur in said reference. 

Adjourned to 9 O'C. A. M. Monday next. 



Monday November 8, 1819. 9 O'C. A. M. 

Governor & Council, met agreeably to adjournment. 

Rec d from the house a resolution instructing the Judiciary Committee 
to enquire into the expediency of passing a law granting right of appeal 
on report of committees appointed to assess damages for laying out 
highways, which was read & Resolved to concur in said resolution. 

Rec d a bill in addition to an act therein mentioned with an order to 
refer to the judiciary Committee, which being considered Resolved to 
concur in said reference. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. " An act to provide for laying out & altering the 
County road from Bellows falls in Rockingham to Massachusetts line ; 
An act to provide for laying out a road from St. Johnsbury to Concord ; 
An act directing the Treasurer to pay Truman Purdy the sum therein 
mentioned;" which were severally read & Resolved to concur in passing 
the same into laws. 

Governor & Council met the house in joint Committee to elect County 
Officers, & after completing the same the joint Committee dissolved. 

Governor & Council then met the Gen 1 - Assembly in joint Committee 
to elect a trustee for University of Vermont, wbich being done the 
Governor & Council returned to their Chamber & adjourned to 2 O'C. 
P.M. 1 

2 O'C. P. M. — Governor & Council met according to adjournment. 

Rec d the bill to prevent the sale of lottery tickets, with an order of 
the house to refer the same to the Judiciary Committee, which being 
considered Resolved to concur in said reference. 

Rec d a resolution appointing a committee of four to enquire into the 
expediency of adopting a memorial to Congress, soliciting that body to 
prohibit the further introduction of Slavery into the territories of the 
United States &c. which was read & Resolved to concur in said resolution 
& Mr Hammond was appointed to join from Council. 

Rec d a bill in addition to an act constituting the Supreme & County 
Courts with an order of the house referring the same to the Judiciary 
Committee, which being considered Resolved to concur in said reference. 

Rec d a bill directing the Treasurer to pay dollars to the several 

Judges of the Supreme Court, being for extra services, with an order of 
the house to refer the same to a committee of 4 to join, which was con- 
sidered & Resolved to concur & Mr Cahoon was appointed. 

Rec d the engrossed bill Entitled "An act giving the town of Brookline 
the right of representation in the Gen 1 - Assembly," which had been sent 
up for revision & concurrence &c. which was now read & Resolved to 

1 Rev. Asa Lyon was elected Trustee. 



Governor and Council — November 1819. 279 

nonconcur in passing this bill & the reasons for the nonconcurrence 
were returned to the house with said bill. 
Adjourned to 9 O'C. A. M. to morrow. 



Tuesday November 9, 1819. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d a resolution from the House appointing 10 O'C. forenoon on 
tuesday next a time for both houses to meet to elect a Warden & Su- 
perintendent of the State's prison, an Auditor of Accounts in the 
Treasury Department, & three directors of the State Bank, which was 
read & Resolved to concur in said resolution with the following propo- 
sals of amendment, to wit, erase the words "10 O'C. forenoon" & insert 
"2 O'C. afternoon"— also erase the words "Warden &." Mr Fay was 
appointed to assign the reasons to the house. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. Viz. An act establishing a Company of Artillery in 
the 1 st regiment 2 d Brigade & l 8t Division of the militia of this State ; — 
An act for the relief of Lemuel Kendrick; An act for the preservation 
of Pickerel in Fairlee [pond] & in the saw mill pond so called at the 
outlet of the same; — which were severally read & Resolved to concur in 
passing the same into Laws. 

Rec d a bill in addition to an act constituting the Supreme Court of 
Judicature & County Courts &c. with an order of the house to refer the 
same to the Judiciary Committee, which being read Resolved to concur 
in said reference. 

Rec d the petition of Ebenezer White Jr. & R. White with an order of 
the house to refer the same by recommitment to the Committee of 
Claims, which being considered Resolved to concur in said recommit- 
ment. 

Rec d a resolution of the house raising a sum of money for the benefit 
of the deaf & dumb with an order to refer the same to a committee of 
four to join from Council, which being read Resolved to concur in said 
reference & Mr Crawford appointed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d a bill in amendment of an act regulating & governing the militia 
of this State with an order to refer the same to the Military Committee, 
which was read & Resolved to concur in said reference. 

Rec d the bills an act defining the powers of Justices of the peace & 
an act directing the treasurer to pay R. C. Mallary the sum therein 
mentioned, which being read, Resolved to concur with the house in their 
reference of the same to the Judiciary Committee. 

Rec d a resolution instructing the Judiciary Committee to inquire into 
the expediency of empowering Justices of the peace to administer the 
poor debtor's oath, which was read & Resolved to concur in said 
resolution. 

Rec d from the house the following eugrossed bills sent up for revision 
& concurrence &c. "An act empowering the Auditor of Accounts against 
this State to audit an account therein mentioned; — An act laying a tax 
of 2 cents pr acre on the town of Pittsfield; — An act to provide for laying 
out a Road from St. Johnsbury to Concord;" which were severally read 
& Resolved to concur in passing the same into laws. 

Adjourned to 9 O'C. A. M. to morrow. 



280 Governor and Council — November 1819. 

Wednesday Nov. 10, 1819. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d a bill directing the Treasurer to pay the sum therein mentioned 
with an order of the house to refer the same to the Committee of Claims, 
which was considered & Resolved to concur in said reference. 

Rec d a bill respecting the State printing with an order to refer the 
same to a committee of 2 to join, which was read & concurred to join, & 
Mr Fay was appointed. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. " An act directing the State's attorney for the County 
of Caledonia to allow & credit R. W. Feuton the sum therein mentioned; 
An act directing the Treasurer to pay Nathan Fuller the sum therein 
mentioned; An act appointing a committee to lay out & survey a road 
from Westford in Chittenden County to Cambridge in Franklin County; 
An act appointing a committee to ascertain whether there are any lands 
belonging to this State in Bradford in the County of Orange; An act 
for the relief of John Gordon; An act granting the exclusive right of 
keeping a ferry therein named to Eleazer Brooks; An act for the relief 
of Eli Barnard; An act in addition to an act to appoint a committee to lay 
out & survey a road leading from lower village in Grafton, &c. ; An act 
for the relief of Jonathan Barlow ; An act laying a tax on the County 
of Caledonia; An act to provide for laying out & altering the road from 
Douglass' Bridge in Brandon &c. to road from Rutland to Castleton; An 
act assessing a tax for the support of Government; An act to restrain 
certain animals from running at large within villages in this State," which 
were severally read & passed into Laws. 

Adjourned to 2 O'clock P. M. 

2 O'C. P. M.— Governor & Council met agreeably to adjournment. 

Mr. Van Ness of the Gen 1 Assembly came into Council Chamber & 
returned the resolution appointing a time for both houses to meet & 
elect a Warden & Superintendent of State's prison, which had been sent 
to the house amended, in which amendments the house nonconcurred, 
& Mr Van Ness assigned the reasons of the Gen 1 Assembly. 

Rec d the petition of Elihu Tabor with an order of the house to refer 
the same to the Committee of Insolvency, which was read & Resolved 
to concur in said reference. 

Rec d a resolution instructing the Judiciary committee to enquire into 
the expediency of extending the provisions of the trustee act, which was 
read & Resolved to concur in said resolution. 

Rec d the bill in addition to an act appointing a committee to lay out a 
road &c. in Stowe &c. to Waterbury &c. with an order of the house to 
refer the same to the Turnpike Committee, which being considered Re- 
solved to concur in said reference. 

Rec d from the house the following engrossed bills sent up for revision 
& concurrence &c. "An act appointing a committee to survey a road 
from the south line of Waitsfield in the County of Washington to Rox- 
bury in the County of Orange ; An act in addition to an act entitled an 
act relating to actions of account ; An act directing the Treasurer to 
pay Samuel Jewell the sum therein mentioned ; An act for the relief of 
the town of Somerset ; An act for the relief of David Page ; An act lay- 
ing a tax of 2 cents per acre on the town of Sterling ; An act in addition 
to an act incorporating certain turnpike Companies in the western 
Counties of this State ; An act granting relief to Jonathan Smith ; " 
which were severally read & Resolved to concur in passing the same 
into Laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Governor and Council — November 1819. 281 

Thursday, November, 11 1819. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d resolution of Gen 1 - Assembly" instructing the Committee of Ways 
& Means to enquire how much Tea, Coffee, Sugar &c. has been used in 
the State's prison, which was read & Resolved to concur in said resolution. 

The engrossed bill entitled an act regulating the practice of Physic & 
Surgery was read & Resolved to non-concur in passing the same & the 
bill was returned to the Gen 1 - Assembly with the reasons of the Gov- 
ernor & Council for the nonconcurrence. 

Rec d from the House the following resolution — 

" In Gen l - Assembly Nov. 10, 1819. 

Resolved the Governor & Council be respectfully requested to attend 
the heariug of the petition of Stephen Boorn & Jesse Boorn, under sen- 
tence of death, praying for a pardon, in the representatives' room on 
friday 12 th day of November instant at 10 O'C. forenoon. Attest 

W. D. Smith, Clerk:'' 

Mr Leland on motion & leave introduced the following resolution : 

In Council Nov. 11, 1819. 

Resolved that the Governor & Council do respectfully accept of the invi- 
tation of the Hon. the Gen 1 - Assembly contained in their resolution of 
the 10 of Nov. instant to attend in the representatives' room on friday 
the 12 th instant Nov. at 10 O'C. A. M. for the purpose of hearing the 
petition of Stephen Boorn & Jesse Boorn under sentence of Death, pray- 
ing for a pardon, [which was adopted. 2 ] 

The resolution appointing a time for both houses to meet & elect 
Warden & Superintendent of State's prison &c. which had been returned 
by the House with their nonconcurrence to the proposals of amendment 
made by the Governor & Council, was now taken up & passed with pro- 
posals of amendment — erase " tuesday " & insert "Saturday " & rescind 
the former proposals of amendment. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. "An act assessing a tax on the County of Windsor ; 
An act for the relief of Daniel Douglass; An act for the benefit of Apol- 
los Austin & John Kellogg adm™- to the estate of Josiah Austin deceased; 
An act to incorporate the Poultney female academy ; An act directing 
the Treasurer to pay Joshua Sawyer the sum therein mentioned;" which 
were severally read & Resolved to concur in passing the same into laws. 

Adjourned to 2 O'C. P. M. 

* This is one of the most remarkable cases in the history of criminal 
jurisprudence. The testimony was so strong that the jury in one hour 
agreed upon a verdict that the respondents were guilty of the murder of 
Russel Colvin of Manchester in 1812 : indeed Stephen Boorn confessed 
the crime, with many circumstances corroborated by the testimony. 
Jesse Boom's sentence to death was commuted to imprisonment for 
life ; but in Dec. 1819, about a month before Stephen Boorn was to 
have been executed, the man Colvin, who was supposed to have been 
murdered, returned to Manchester from New Jersey, where he had 
been Jiving subsequent to April 1813. — For the testimony in this re- 
markable case, see printed Assembly Journal of 1819, pp. 185-196. A 
complete history of it has recently been published by Hon. Leonard 
Sargeant of Manchester, who was one of the counsel for the respond- 
ents. In 1820 the Booms petitioned the General Assembly for com- 
pensation for their imprisonment and trial, which was refused. 



282 Governor and Council — November 1819. 

2 O'C. P. M.— Governor & Council met agreeably to adjournment. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. "An act to regulate the choice of Council of Censors; 
An act granting relief to the overseers of the poor of Clarendon; An act 
for the relief of James Johnson ; An act authorizing the Auditor of Ac- 
counts against this State to audit certain accounts therein mentioned ; 
An act directing the Treasurer to pay Daniel Adams the sum therein 
mentioned ; An act lor the relief of Peter Bishop ; An act laying a tax 
of 4 cents pr acre on the town of Elmore ; An act to preserve fish in the 
Streams in Bennington &c. ; An act for the relief of certain militia of 
this State," which were severally read & Resolved to concur in passing 
the same into Laws. 

Adjourned to 9 O'C. A. M. to morrow. 



Friday Nov. 12, 1819. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d a bill repealing all acts exempting the property of the Ministers 
of the Gospel from the list with an order of the house to refer the same 
to the Committee of Ways & Means. Concurred. 

Mr Pierpoint of the Gen 1 - Assembly came into the Council Chamber 
& gave notice that the house had postponed the hearing of the petitions 
of Stephen & Jesse Boorn until tomorrow morning at 10 O'C. A. M. 

Rec d from the house the engrossed bill entitled "an act appointing an 
agent to defend a lawsuit therein mentioned, " sent up for revision & 
concurrence &c. which was read & Resolved to concur in passing the 
same into a law. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Governor & Council met agreeably to adjournment. 

Rec d from the house a bill in addition to an act providing for the reg- 
ulation of the State's prison & altering the punishment of crimes, with 
an order to refer the same to the Judiciary Committee, which was read 
& Resolved to concur in said reference. 

Adjourned to 9 O'C. A. M. to morrow. 



Saturday Nov. 13, 1819. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d resolution appointing 10 O'Clock A. M. this day for both houses 
to meet & elect County Officers, which was read & Resolved to concur 
in said reference [resolution.] 

Rec d resolution appointing the opening of the house this day for both 
houses to meet in joint committee to elect a person to preach the election 
sermon at the next meeting of the Legislature in the room of Elder 
Palmer who declined that service, which was read & Resolved to concur 
in said resolution. l 

Rec d a resolution instructing the Judiciary Committee to enquire into 
the expediency of causing to be recorded in the Secretary of State's 
office the charters of lands within this State granted by the Governments 
of New York & New Hampshire, which was read & Resolved to concur 
in said resolution. 

Rec d from the House the following engrossed bills sent up for revision 
& concurence &c. An act directing the Treasurer to pay the sum therein 

V Rev. George Leonard was elected, and Rev. Robinson Smilie his sub- 
stitute. 



Governor and Council — November 1819. 283 

mentioned; An act making the necessary appropriations for the Sup- 
port of Government for the present year & for other purposes; An act 
for the relief of Levi Fullum & Joel Tinker; — which were read & Re- 
solved to concur in passing the same into Laws. 
Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. ; An act for the relief of David Dickinson; An act to 
prevent the Sale of Lottery tickets in this State; An act laying a tax of 
2 cents pr. acre on the town of Craftsbury; An act in addition to an act 
to revive an act entitled an act granting a tax of 4 cents pr. acre on the 
town of Canaan ; An act freeing the body of Henry Hill from arrest & im- 
prisonment; An act in addition to an act for the punishment of certain 
capital & other high crimes & misdemeanors; An act in addition to & 
in amendment of an act for the probate of Wills &c; An act in addition to 
an act incorporating a company of Artillery in the town of M*pelier, 
which were read & Resolved to concur in passing the same into Laws. 

Adjourned to Monday next 9 O'C. forenoon. 



Monday November 15, 1819. 9 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d an engrossed bill entitled " an act granting the waste water of 
the aquaduct of the State's prison to the Windsor fire Society," sent up 
for revision & concurrence &c. which was read & Resolved to concur in 
said bill with the following proposals of amendment — after the words 
"fire Society " insert " on condition that they pay annually into the Treas- 
ury of this State fifty dollars." Mr. Leland appointed to assign the rea- 
sons to the house. 

Rec d from the House the following engrossed bill entitled " an act in 
addition to an act for the probate of wills & the settlement of testate & 
intestate estates," & on the question Shall the Governor & Council non- 
concur in passing the same, the yeas [and nays] were called for & 
taken as follows — Yeas, Gov. Brigham, Messrs. Fay, Crawford, Leland, 
Chittenden, Cahoon, & Butler. Nays, Messrs. Hammond, Stanley, Cot- 
ton, & Berry. So the bill was nonconcurred & the reasons were sent 
down to the Gen 1 Assembly in writing with the Bill. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. An act in addition to an act for the probate of wills & 
settlement of testate & intestate estates, &c. & An act for the relief of 
John Atwood, which were severally read & Resolved to concur in pass- 
ing the same into laws. 

Rec d from the house the engrossed bill entitled "An act repealing the 
first section of an act therein mentioned," sent up for revision & con- 
currence &c. which was read & Resolved to nonconcur in passing of the 
same, & the reasons for nonconcurrence were sent to the House with 
the bill. 

Adjourned to 9 O'C. A. M. to morrow. 



Tuesday November 16, 1819. 9 O'C. A. M. 
Governor & Council met agreeably to adjournment. 
Rec d from the House the following engrossed bills, sent up for re- 
vision & concurrence &c. " An act laying a tax on all the lands in 



284 Governor and Council — November 1819. 

Averill; An act to revive an act entitled an act appointing a committee 
to lay out a road from Stowe &c. to Waterbury, & An act to provide for 
the procuring & distribution of the military System &c; An act laying 
a tax on the County of Essex; An act in alteration of an act entitled an 
act ascertaining the principles on which the list of this State shall be 
made," & which were read & Concurred. 

Rec d from the House a resolution appointing to make apprai- 
sal of the property of State's prison & to take an inventory of the same 
&c, & with an order of the house to refer the same to a committee of 4 to 
join, which was read & Resolved to concur in said reference & Mr Le- 
land appointed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Governor & Council met agreeably to adjournment. 

Rec d from the House thefollowing engrossed bills, sent up for revision 
& concurrence &c. An act in amendment ofan act relating to jails & jail- 
ers & for the relief of persons confined therein, passed March 9 th » 1797; An 
act in addition to & in alteration ofan act defining the powers of Justices 
of the peace; An act in amendment ofan act entitled an act constituting 
the Supreme Court of Judicature & County Courts; An act repealing 
an act therein mentioned; An act directing the Treasurer to pay Hon. 
Dudley Chase the sum therein mentioned; An act relating to pardons; 
An act authorizing & empowering the Auditor of Accounts against this 
State to examine & adjust certain claims therein mentioned; An act re- 
pealing parts of certain acts therein mentioned; An act in addition to 
an act relating to fences & defining the duty of fence viewers; An act 
repealing all acts exempting the property of Ministers of the Gospel 
from being set in the list; An act in amendment of an act entitled an 
act regulating & Governing the militia of this State, which were seve- 
rally read & Resolved to concur in passing the same into Laws. 

Rec d the engrossed bill "An act for the relief of Jesse Boom," sent 
up for revision & concurrence &c. which was read and Concurred with 
proposals of amendment. Mr Butler appointed to assign the reasons to 
the House. 

Rec d the engrossed bill entitled " An act in addition to an act entitled 
an act directing the levying & serving executions," sent up for revision 
& concurrence &c. which was read & Resolved to concur with proposals 
of amendment. Mr. Butler was appointed to assign the reasons to the 
House. 

Rec d a resolution authorizing Abner Forbes, Aaron Leland & Jede- 
diah [H.] Harris on the 1 st of December & October next to take an in- 
ventory & make appraisal of all moveable property belonging to the 
State's prison & make report to the next session of the Legislature; 
read & concurred. 

Rec d from the house a resolution appointing Wednesday next at 7 
O'C. A. M. a time for both houses to meet & adjourn the Legislature 
without day, which was read & Resolved to concur in said resolution. 

Adjourned to 7 O'C. A. M. to morrow. 



Wednesday November 17, 1819. 7 O'C. A. M. 

Governor & Council met agreeably to adjournment. 

Rec d from the House the following engrossed bills sent up for revision 
& concurrence &c. An act directing the Treasurer of this State to stay 
proceedings against the town of Canaan; An act providing for the State 
printing, which were read, [and] Resolved to concur in passing the 
same into Laws. 



Governor and Council — November 1819. 285 

Mr Buck came into Council Chamber from the House & gave notice 
that the General Assembly had on their part finished the business of the 
Session. Ordered that the Secretary inform the House of Representa- 
tives that the Governor & Council had completed the business of the 
session on their part & would immediately attend in the representatives' 
room for the purpose of adjourning the Legislature. 

Agreeably to the concurrent resolution of both houses the Governor 
& Council met the house in the representatives' room, and after an address 
was made to the throne of Grace by the Reverend Chaplain, the Legis- 
lature was adjourned without day. 

State of Vermont ss. — I hereby certify that the foregoing from 
page 83 to page 161 inclusive [of Vol. 8 of manuscript Council Journals,] 
is a true Journal of the proceedings of the Governor & Council at their 
session for the year 1819. 

R. C. Mallary, Secretary. 



FORTY-FOURTH COUNCIL. 

OCTOBER 1820 TO OCTOBER 1821. 



Richard Skinner, Manchester, Governor. 
William Cahoon, Lyndon, Lieut. Governor. 
Councillors : 



Ezra Butler, Waterbury, 
Truman Chittenden, Williston, 
Timothy Stanley, Greensboro', 
David Fay, Bennington, 
Aaron Leland, Chester, 
John H. Cotton, Bradford, 



Seth Wetmore, St. Albans, 
Joseph Berry, Guildhall, 
Henry Olin, Leicester, 
Joseph Warner, Sudbury, 
Charles Phelps, Townshend, 
John H. Andrus, Dan by. 



Rollin C. Mallary, Poultney, Secretary until Oct. 16, 1820. 
Robert Temple, Rutland, Secretary from Oct. 16, 1820. 
John Peck, Waterbury, Sheriff. 



BIOGRAPHICAL NOTICES. 

Richard Skinner, LL.D., born in Litchfield, Conn., May 30, 1778, 
son of Gen. Timothy Skinner, was educated at the Litchfield Law School, 
and admitted to the bar of Litchfield County in 1800. He came imme- 
diately to Vermont, settling in Manchester, where he spent the remainder 
of his life. He commenced public service in 1801, and was almost con- 
stantly in office until he voluntarily retired in 1829. The offices held by 
him were as follows : State's Attorney for Bennington County 1801 until 
1813, and 1819 ; Judge of Probate 1806 until 1813 ; Representative in 
the General Assembly 1815 and 1818, and Speaker of the House in 1818 ; 
Member of Congress 1813 until 1815 ; Assistant Judge of the Supreme 
Court 1815 and '16, and in 1817 he was elected Chief Justice but declined 
the ofiice. He was Chief Justice 1823 until 1829 ; and Governor 1820 




/yy<z^/&^^ t/s7^y, ? 



^ 



^..flrHJ? HaUSc3or^7iJ?^cU r St NY 



Biographical Notices. 287 

until 1824. He died May 23, 1833, from injuries received by being thrown 
from his carriage. "Intellectually his qualities were of that kind which 
gain the respect and confidence of mankind rather than immediate ad- 
miration ; as a lawyer and a judge he was noted for the clearness and 
force with which he presented his cases. He filled the highest places in 
the State with ability and dignity, and left a reputation of which the 
town and State may well be proud." — Vt. Hist. Magazine, Vol. I, title 
Manchester ; Drake's Diet of Am. Biography ; Vt. Legislative Directory 
for 1876-7 ; and Deming's Catalogue. 

Henry Olin was born in Shaftsbury May 7 1768, son of Justice Olin 
and nephew of Hon. Gideon Olin, both of Shaftsbury. He was also 
great grandson of John Olin, who was the first of the name in America 
and settled in East Greenwich, R. I., in 1678. Judge Olin settled in 
Leicester about 1788 and commenced his public services in 1799 as 
Representative in the General Assembly, which office he bore twenty- 
two years out of twenty-six. He was Assistant Judge of Addison County 
Court eight years, and Chief Judge fifteen years, making twenty-three 
years of continuous judicial service ; Delegate in the Constitutional 
Conventions of 1814, 1822, and 1828 ; Councillor in 1820 and '21; Mem- 
ber of Congress from Dec. 1824 to March 4 1825, to supply the vacancy 
occasioned by the death of Hon. Charles Rich ; and Lieut. Governor 
1827 until 1830. In physical proportions he way almost gigantic, but in 
temper genial, abounding in wit and sound judgment. He was an ex- 
ceedingly useful man in his town, county, and the State ; in religion a 
zealous and consistent Methodist ; in politics a Jeffersonian Democrat, 
and at last a Whig. He was the father of Stephen Olin, D. D. and 
L. L. D. Removing to Salisbury in the spring of 1837, he died there on 
the 18th of the succeeding August. — Vt. Hist. Magazine, Vol. i, title 
Leicester ; Lanman's Diet, of Congress; Drake's Diet, of Am. Biography; 
and Deming's Catalogue. 

Joseph Warner represented Sudbury in the Constitutional Con- 
ventions of 1791 and 1822; and in the General Assembly 1805 until 1818, 
1825, and 1828 until 1832. He was Assistant Judge of Rutland County 
Court 1821 until 1824; and Councillor in 1820 and '21. 

Charles Phelps of Townshend was born Sept. 13 1781, son of Col. 
Timothy, and grandson of Charles Phelps of Marlborough, both of whom 
were quite troublesome to the Vermont government during the contro- 
versy with New York. Hon. Charles Phelps was Judge of Probate in 
1821, '22, and '24 ; Assistant Judge of Windham County Court in 1832, 
'33 and '34 ; and Councillor in 1820, '21, and '22. He removed to Ohio, 
and died in Cincinnati Nov. 19 1854.— B. H. Hall's Eastern Vermont, pp. 
693-4 ; and Deming's Catalogue. 

John H. Andrus came from Colchester Conn., to Danby in 1780> 
and represented that town in the General Assembly nine years, 1805- 



288 Governor and Council — October 1820. 

1813, and 1816; also in the Constitutional Convention of 1814. He was 
Assistant Judge of Rutland County Court in 1811 and 1814 ; and Coun- 
cillor in 1820 and '21. He removed to Pawlet in 1822, and died there in 
1841, aged seventy- three years. — Vt. Hist. Magazine, Vol. in, title 
Danby ; Hollister's History of Pawlet ; and Deming's Catalogue. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT MONTPELIER, 

October 1820. 



State of Vermont ss. — A Journal of the proceedings of the Gov- 
ernor and Council of the State of Vermont, begun & held at Montpelier 
in said State, on the second thursday of October in the year of Our Lord 
Christ one thousand eight hundred and twenty, being the 12 th day of 
said month, and in the forty fifth year of the Independence of the United 
States — Present His Excellency Jonas Galusha Governor, His Honor 
Paul Brigham Lieut. Governor, the Hon. David Fay, William Cahoon, 
Joseph Berry, Seth Wetmore, Truman Chittenden, Aaron Leland, Tim- 
othy Stanley, John H. Cotton & Ezra Butler of the Council ; Rollin C. 
Mallary Esq. Secretary; John Peck Esq. Sheriff of Washington County. 

Mr Fletcher, of the House of Representatives, came into the Council 
Chamber and informed the Governor & Council that the house had or- 
ganized by choosing Mr Buck Speaker and Mr Smith clerk pro tempore, 
and were ready to receive any communication that the Governor and 
Council might be pleased to make. And he withdrew. Ordered, that 
the Secretary inform the General Assembly that the Governor and 
Council have convened and formed a quorum, and are ready to receive 
any communication from the House of Representatives which they may 
be pleased to make. 

Besolved that the Governor & Council will now proceed to the ap- 
pointment of a committee to receive, sort and count the votes for Gov- 
ernor, Lieut. Governor, Treasurer & Councillors for the year ensuing — 
Whereupon Messrs. Fay, Leland, Cotton, Wetmore & Berry were duly 
appointed a committee on the part of the Gov. & Council for the pur- 
poses aforesaid ; and were duly sworn to the faithful discharge of their 
duty. 

Mr Sheldon, of the House of Representatives, came into the Council 
Chamber and informed the Governor and Council that the General As- 
sembly had on their part appointed a committee to receive, sort and 
count the votes for Governor, Lt. Gov., Treasurer, and Councillors for 
the year ensuing. And he withdrew. Ordered, that the Secretary in- 
form the House of Representatives that the Governor & Council have, 
on their part, appointed the canvassing committee. 

Adjourned to 4 O'clock P. M. l 

1 The election sermon was preached by the Rev. George Leonard. 



Governor and Council — October 1820. 289 

4 O'CLOCK P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

Mr Haight of the House of Representatives came into the Council 
Chamber and informed the Governor & Council that the General Assem- 
bly had convened, and were ready to meet the Governor & Council to 
receive the report of the canvassing committee, and requested their 
attendance in the Representatives' room. Ordered, that the Secretary 
inform the Gen 1 - Assembly that the Governor & Council will immediately 
attend in the Representatives' room to hear the report of the canvassing 
committee, which service was performed, and thereupon the Governor 
& Council attended in the Representatives' room agreeably to the above 
notice, when the following report of the canvassing committee was 
read, to wit : 

u To the Hon. General Assembly now in session. — The committee to re- 
ceive, sort and count the votes for Governor, Treasurer and Councillors 
for the year ensuing, having attended to the business of their appoint- 
ment, do report that the Honorable Richard Skinner is elected Governor, 
the Hon. William Cahoon, Lieutenant Governor, and Benjamin Swan 
Esq. Treasurer— and that the Hon. David Fay, John H. Andrus, Aaron 
Leland, John H. Cotton, Ezra Butler, Seth Wetmore, Charles Phelps, 
Joseph Warner, Henry Olin, Truman Chittenden, Timothy Stanley, and 
Joseph Berry are elected Councillors for the year ensuing. Which is 
respectfully submitted. Aakon Leland, Chairman. 

John H. Cotton, Clerk. 
Oct. 12, 1820." 

Whereupon the Sheriff of Washington County made proclamation of 
said elections, and the Governor & Council returned to their chamber. 

Adjourned to 9 o'clock tomorrow morn. 1 



Friday October 13, 1820. 9 O'clock A. M. 

The Lt. Governor & Council met pursuant to adjournment. Present 
Lieut. Gov. William Cahoon, the Hon. David Fay, Truman Chittenden, 
Timothy Stanley, Aaron Leland, Joseph Berry, Henry Olin, Joseph 
Warner, Charles Phelps, Seth Wetmore, John H. Cotton, & John H. 
Andrus, Councillors, who immediately attended in the Representatives' • 
room and after the [an] address to the throne of grace, the oath of office 
was administered to them, respectively, by the Hon. William Brayton, 
one of the Judges of the Supreme Court, and they returned to their 
Chamber & subscribed the same. 

M r - Langdon of the House of Representatives came into the Council 
Chamber and gave notice that a quorum of the house have assembled, 
and have appointed the Hon: D. Azro A. Buck, Representative from 
Chelsea, their Speaker, the Hon. William Slade Jr. Secretary of State, 
William D. Smith Esq. Clerk, and Timothy Merrill Esq. engrossing 
Clerk, and are ready to proceed to business. 

Ordered, that the Secretary inform the General Assembly that His 
Excellency the Governor will attend in the Representatives' room at 
two o'clock this afternoon, to take the oaths of office, and make the ex- 
ecutive communication. 

The House of Representatives sent up a resolution, appointing two 
o'clock this day P. M. for both houses to meet to elect a chaplain for the 

1 The votes for Governor were for Richard Skinner 13,152, scattering 
934. 

19 



Hi)0 Governor and Council — October 1820. 

present session, which was read, and the Governor & Council concurred 
therein, and Ordered that the Secretary notify the House of Represent- 
atives accordingly. 
Adjourned to 2 o'clock P. M. 

2 O'clock P. M. — The Governor & Council met agreeably to adjourn- 
ment. 

His Excellency the Governor, attended by the Lieut. Governor & 
Councillors, proceeded to the Representatives' room & there, in the 
presence of both branches of the Legislature, took the oaths of office 
before the Hon. W m - Brayton, one of the Judges of the Supreme Court, 
and His Excellency the Governor delivered to both houses the following 
Speech. 1 The Governor & Council withdrew to their Chamber. 

The petition of John Brown & others was read & referred to Lt. Gov. 
Cahoon & M r Olin. 

Adjourned to 9 O'clock to morrow. 



Saturday Oct. 14, 1820. 9 O'clock A. M. 

The Governor & Council met agreeably to adjournment. 

A message was received from the House of Representatives, inform- 
ing that agreeably to the rules of the House, the following committees 
had been appointed on their part, to wit, A committee of four, denom- 
inated the Military Committee; A committee of four denominated the 
Judiciary Committee; A Committee of four, denominated the committee 
of Claims; A committee of four, denominated the Turnpike Commit- 
tee; A committee of four, denominated the Committee of Insolvency; 
A committee of four, denominated the Committee on Manufactures; A 
committee of four, denominated Committee of Agriculture; A commit- 
tee of four, denominated the Land tax Com ee ; A committee of four, de- 
nominated the Com ee of New Trials, & A committee of four, denomin- 
ated the Com ee of Ways & Means, and requesting the Gov. & Council to 
join said Committees; whereupon, Resolved to join with the above com- 
mittees, and the Lt. Gov. was appointed on the Military Com ee , M r - Fay 
was appointed on the Judiciary Com ee , M r - Butler was appointed on the 
Com ee of Claims, M r - Cotton was appointed on the Turnpike Com ee , M r - 
Olin was appointed on the Com ee of Insolvency, M r - Chittenden was ap- 
pointed on the Com ee of Manufactures; M r - Leland was appointed on the 
Com ee of Agriculture; M r - Berry was appointed on the Land tax Com ee , 
M r - Wetmore was appointed on the Com ee of New Trials, M r - Warner 
was appointed on the Com ee of Ways & Means. 

Received from the House of Representatives the petition of Solomon 
Mason, and of sundry officers of the l 8t Co. of Artillery, 1 Brig. 2 d Div. 
with an order of the House that the same be referred ■ to the Military 
committee, whereupon Resolved to concur in said order of reference. 

Received from the House of Representatives the petitions of Oliver 
Abel, Josiah Crofoot 2 d » Henry Kirkum, creditors of John Gleason, Benja- 
min Quimby, Martin Brooks, Jasper Southworth, Joshua [Josiah] Cutler, 
Joseph Atwood, creditors of Jared Sears, Daniel Wilson, Elisha B. 
Pratt, William Burt Jr. Josiah Nichols, Joseph Lamb, Elijah Boardman, 
William Trescott, Rufus Graves, W m Hix, Joseph Ellis, and of Asa Brown ; 
with an order of the House that the said several petitions be referred to 
the Committee of Insolvency — whereupon, Resolved to concur in said 
orders of reference. 

1 For speech see Appendix A. 

a Written "refered " generally by Secretary Temple. 



Governor and Council — October 1820. 291 

Keceived from the House of Representatives the Petitions of Azariah 
Hall Jr. Asaph Severance, Aaron Mosher, Daniel Hazelton Jr. Samuel 
Allen & Samuel Wood, Gideon Barrett, Josiah Willard, Samuel Maynard, 
Shiverick Holmes, and of John Alvord, with orders of the House that 
the said several petitions be referred to the Committee of Claims, where- 
upon Besolved to concur in said orders of reference. 
• Received from the House of Representatives the Petitions of the towns 
of Somersett, West Fairlee, Fairlee, Woodbury, and of Warren for land 
taxes, with an order of the House on each that the same be referred to 
the Land tax Committee, whereupon Besolved to concur in said orders 
of reference. 

Received from the House of Representatives the Petitions of the In- 
habitants of Greensboro', of the Inhabitants of Hard wick, and of Daniel 
Pierce & others, with an order of the House on each to refer the same 
to the Turnpike Committee, whereupon Bes lived to concur in said orders 
of reference. 

The petition of Stebbins Walbridge was received from the House of 
Representatives with an order of the House therein to refer the same 
to the Committee of Insolvency, which was read, whereupon Besolved 
to concur in said order of reference, with an amendment erasing the 
word "Insolvency" and inserting in the place thereof the words "a select 
committee to join from Council." 

Adjourned to 2 O'clock P. M. 

2 O'Clock P. M.— The Governor & Council met pursuant to adjourn- 
ment. 

Received from the House of Representatives the Petition of Milo L. 
Bennett, with an order of the House thereon, that the same be referred 
to the Judiciary Committee, whereupon Besolved to concur in said order 
of reference. 

Received from the House of Representatives the Petitions of Ezra 
Everts & others, Timothy Hall, William Barton, and of Solomon Simp- 
son & others, with orders of the House thereon respectively that the 
same be referred to the Committee of Insolvency, whereupon Besolved 
to concur in said orders of reference. 

Received from the House of Representatives the Petition of Samuel 
Renne, with an order of the House thereon to refer the same to a Com ee 
of four to join from Council, whereupon Besolved to concur in said order 
of reference, and M r - Phelps was appointed on said committee from 
Council. 

Received from the House of Representatives the Petitions of Elias Bad- 
cock, of Alinda Wells and of John Rogers, with an order of the House 
on each to refer the same to the committee on the petition of Samuel 
Renne, whereupon Besolved to concur in said orders of reference. 

Received from the House of Representatives the petitions of Calvin 
Seaver, of Alvah Heaton, & of Conrad Sax, with an order of the House 
on each referring the same to the Committee of Claims, whereupon Re- 
solved to concur in said orders of reference. 

Received from the House of Representatives the Petition of the in- 
habitants of Montgomery with an order of the House thereon to refer 
the same to the Turnpike Committee, whereupon Resolved to concur in 
said order of reference. 

Received from the House of Representatives the Petitions of the in- 
habitants of Wolcott, & of Joel Bassett, for tax on Granby, with an order 
of the House on each that the same be referred to the land tax Commit- 
tee, whereupon Besolved to concur in said orders of reference. 

Received from the House of Representatives the Petition of James 
Andrews Jr. with an order of the House to refer the same to a commit* 



292 Governor and Council — October 1820. 

tee of four to join from Council, whereupon Besolved to concur in said 
order of reference and M r - Stanley was appointed on the part of the 
Council. 

On motion of M r - Olin, Resolved, that a committee of three be ap- 
pointed from Council to prepare & report an address to the late Gov- 
ernor and Lieut. Governor, expressive of the sentiments of the Governor 
& Council towards them for their long and faithful services in the vari- 
ous offices they have sustained in this State. Ordered that Messrs. Wet- 
more, Olin & Phelps be the committee. 

His Excellency the Governor was pleased to appoint Robert Temple 
Secretary to the Governor & Council for the year ensuing. M r - Temple 
came into the Council Chamber and was duly sworn to the faithful dis- 
charge of the duties of the office of Secretary to the Governor & Council. 

R. C. Mallary, Secv 

Adjourned to 9 o'clock on Monday morn. next. 



Monday October 16, 1820. 9 o'clock A. M. 

The Governor & Council met pursuant to adjournment. Present His 
Excellency Richard Skinner, Governor; His Honor William Cahoon, 
Lt. Gov. and of the Honorable Council, Messrs David Fay, Charles 
Phelps, John H. Andrus, Joseph Warner, Aaron Leland, Henry Olin, 
John H. Cotton, Truman Chittenden, Seth Wetmore, Joseph Berry & 
Timothy Stanley. 

Received from the House of Representatives a resolution instructing 
the Judiciary Committee to revise the several laws for the punishment 
of inferior crimes, whereupon, Resolved to concur in said resolution. 

Received from the House of Representatives a resolution instructing 
the Judiciary Committee on the subject of recording the charters of 
lands within this State, whereupon Resolved to concur in said resolution. 

Received from the House of Representatives a bill entitled "an act in 
addition to an act entitled an act directing the proceedings against the 
trustees of concealed or absconding debtors" — also, A bill entitled "an 
act to provide for the reports of the decisions of the Supreme Court" — 
also, A bill to repeal the act directing the mode of passing laws — also, A 
bill entitled " an act in addition to an act entitled an act for the pro- 
bate of wills, and the settlement of testate and intestate estates " — 
also, Three bills in addition &c. to an act entitled " an act constitut- 
ing the Supreme Court of Judicature and County Courts, defining their 
powers and regulating judicial proceedings " — also, A bill entitled 
"an act in addition to an act therein mentioned" — also, A bill enti- 
tled " an act to repeal a part of the ninth section of an act entitled 
an act for settling disputes respecting landed property" — also, A bill 
entitled " an act to prevent the purchase & unlawful procurement of 
choses in action for the purpose of commencing suits thereon" — with 
an order of the House on each that the same be referred to the Judiciary 
Committee, whereupon Resolved to concur in said reference. 

Received from the House of Representatives the Petition of Benjamin 
Alvord, with an order of the House thereon that the same be referred to 
the Judiciary Committee, whereupon, Resolved to concur in said order of 
reference. 

Received from the House of Representatives a resolution referring 
that part of the Governor's speech which relates to courts of justice & a 
court of chancery, to the judiciary Committee, whereupon Resolved to 
concur in passing said resolution. 



Governor and Council — October 1820. 293 

Received from the House of Representatives a resolution referring 
that part of the Governor's speech which recommends an attention to 
the laws regulating the settlement of testate & intestate estates, to the 
Judiciary Committee, whereupon Besolved to concur in passing said 
resolution. 

Received from the House a resolution relative to granting a second 
trial in certain criminal cases, referred to the Judiciary Committee, 
whereupon Besolved to concur in said reference. 

Received from the House of Representatives the Petition of Elias 
Keyes v. Throop & Morgan, with an order of the House thereon, that 
the same be referred to the committee of New trials, whereupon Be- 
solved to concur in said order of reference. 

Received from the House a resolution referring that part of the'Gov- 
ernor's speech which relates to the pursuing and apprehending offenders, 
to the Committee of Claims, whereupon, Besolved to concur in passsing 
said resolution. 

Received from the House of Representatives the petition of Jonathan 
Taylor, also the petition of Samuel Wheeler for compensation for services 
as a soldier in the late war, also the petition of Frye Bayley — also, A 
bill entitled " an act directing the Treasurer of this State to pay Thomas 
Richards the sum therein mentioned " — with an order of the House on 
each referring the same to the Committee of Claims, whereupon Besolved 
to concur in said several orders of reference. 

Received from the House of Representatives the petition of Elijah 
Herrick, and thepetition of Enoch Rollins, with an order of the House on 
each that the same be referred to the Committee of Insolvency, where- 
upon Besolved to concur in said orders of reference. 

Received from the House of Representatives petitions from sundry 
inhabitants of Grafton & Rockingham, of Andover & Weston, and of 
Rockingham, Westminster & Putney, with an order of the House on 
each that the same be referred to the Turnpike Committee, whereupon 
Besolved to concur in said orders of reference. 

Received from the House of Representatives petitions for land tax on 
Berkshire,Minehead [Bloomfield,] Kelly vale grant No. 2, of John Kimball 
& Roger Enos for land tax on Barton, of inhabitants of Woodbury, of 
sundry inhabitants of Enosburgh, of sundry inhabitants of Starksboro' 
for land tax, & remonstrance of sundry inhabitants of Starksboro' against 
land tax, petition of inhabitants of Troy for land tax, petition of Inhabit- 
ants of Underhill, & of the selectmen of Belvidere, also a bill entitled 
" an act laying a tax on the town of Braintree, " also a bill entitled u an 
act laying a tax on Coventry," with an order of the House on each of 
said petitions & bills, referring the same to the Land Tax Committee, 
whereupon, Besolved to concur in said orders of reference. 

Received from the House of Representatives a bill entitled u an act 
appropriating the property of the Vermont State bank for the use of 
schools," also a Resolution introduced into the House for the appropria- 
tion of the same for the improvement of Agriculture, with an order of 
the House on each that the same be referred to the Committee of Agri- 
culture, whereupon Besolved to concur in said order of reference. 

Petitions for pardon were received from the following named convicts 
now confined in the State Prison, to wit, William Ames, Simeon Allen, 
John F. Bradley, John Brown, John Buckstone, Samuel Blackington, 
Daniel Butler, Elijah W. Bennet, Jacob Brown, Elijah Brown Jr., Jesse 
Brooks, William Chase, John Culley, Lewis Cambridge, Asa Chamberlin, 
W m - F. Cooper, William Cilly, Richard Davis, Stephen Davis, Jeremiah 
Downey, Charles Ellis, James Fitch, Roswell Ford, John Flanagan, 
Elijah Grooms, Samuel Gould, Ira Harrington, Selah Hickcox, Thomas 



294 Governor and Council — October 1820. 

Hendlen, William Johnson, Joab Jennes, Hiram Kirzan, Horace Kim- 
ball, Thomas Levett, Isaac Locke, John Laravier, Bohan S. Monroe, 
Robert Martial, Bradley Phelps, John B. Putvah, Hugh Piatt, William 
M. Parker, Alfred Prentice, Stephen Prentiss, Daniel Robinson, Lewis 
Smith, George Simmons, George Shepard, Jesse Sprague, Joshua Sever, 
Amos Stafford, John Smith, George Wheeler, Daniel Welch, Lyman 
Wheeler, Peter Wheeler, Thomas Waters, Thomas Williams, John Wil- 
son, and Richard Watson. 
Adjourned to 2 O'clock P. M. 

2 O'CLOCK P. M.— The Governor & Council met agreeably to adjourn- 
ment. 

Received from the House of Representatives the petition of Lyman 
Leach & others, with an order of the House thereon that the same be 
referred to a committee of four to join from Council, whereupon Re- 
solved to concur in said reference; and M r - Andrus was appointed on the 
part of the Council. 

Received the petition of the select men of Whiting, with an order of 
the House thereon that the same be referred to a committee of four to 
join from Council, whereupon, Resolved to concur in said order of refer- 
ence; and M r - Berry was appointed on the part of Council. 

Received the petition of Daniel Wilkins & others, with an order of 
the House that the same be referred to a committee of two, to join from 
Council, whereupon Resolved to concur in said order of reference — and 
M r - Warner was appointed on the part of the Council. 

Received from the House of Representatives the petition of the Select 
men of Duxbury with an order of the House thereon that the same be 
referred to a committee of two to join from Council, whereupon, Re- 
solved to concur in said order of reference, and M r - Stanley was ap- 
pointed on the part of the Council. 

Received the petition of Stebbins Walbridge, with an order of the 
House thereon that the same be referred, agreeably to the proposed 
amendment of the Council, to a select committee to join, whereupon, 
Resolved that M r - Fay be appointed on said committee from Council. 

Received the petitions of sundry inhabitants of Manchester, with an 
order of the House thereon that the same be referred to a committee of 
three to join from Council, whereupon, Resolved to concur in said order 
of reference, and M r - Fay was appointed on the part of the Council. 

Received the petition of sundry inhabitants of Windham, with an 
order of the House thereon that the same be referred to a committee of 
four to join from Council, whereupon, Resolved to concur in said order 
of reference, and M r - Phelps was appointed on the part of the Council. 

Received from the House the petition of the Episcopal Society of 
Fairfield, with an order of the House thereon that the same be referred 
to a committee of four to join from Council, whereupon, Resolved to 
concur in said order of reference, and M r - Leland was appointed on the 
part of the Council. 

Received the petition of Jonathan Fassett, with an order of the House 
thereon, that the same be referred to a committee of three to join from 
Council, whereupon, Resolved to concur in said order of reference, and M r - 
Wetmore was appointed on the part of Council. 

Received the petition of Jonathan Hunt Jr. & others for a Bank, with 
an order of the House thereon that the same be referred to a committee 
of seven to join from Council, whereupon, Resolved to concur in said 
order of reference, and Messrs. Olin & Warner were appointed on the 
part of the Council. 

Received from the House a proposed resolution relative to the Univer- 
sity of Vermont, with accompanying papers, with an order of the House 



Governor and Council — October 1820. 295 

thereon that the same be referred to a committee of seven to join from 
Council, whereupon, Resolved to concur in said order of reference, and 
the Lt. Governor & M r - Cotton were appointed from Council. 

Keceived from the House of Representatives a resolution referring that 
part of the Governor's speech which relates to instructing our Senators & 
•advising our representatives in Congress from this State &c. to a select 
Committee to join from Council, whereupon, Resolved to concur in said 
order of reference, and M r - Phelps was appointed on the part of Council. 

The Petition of Simeon Walker, a convict in the State prison, for a 
Pardon, was taken up and read, when it was moved by M r - Fay that a 
pardon be granted the petitioner, on condition that he leave this State 
within one day after receiving his pardon, and not return within twenty 
years, which was determined in the negative, yea 1, nays 11. M r - Fay 
voted in the affirmative. Those who voted in the negative are the Lt. 
Governor, Messrs. Andrus, Berry, Chittenden, Cotton, Leland, Olin, 
Phelps, Stanley, Warner & Wetmore. So it was ordered that said peti- 
tion be dismissed. 

Adjourned to 9 O'Clock to morrow morning. 



Tuesday Oct. 17, 1820. 9 O'Clock A. M. 

The Governor & Council met agreeably to adjournment. 

The petition of William Cilly, a convict in the State prison, for a Par- 
don, was taken up and read— when it was moved by M r - Olin that the 
said William Cilly be pardoned on condition that he leave this State 
within thirty days from the date of his pardon, and not return within 
twenty years ; — which was determined in the affirmative, yeas 11, nay 1. 
Those who voted in the affirmative are, the Lt. Governor, Messrs. Andrus, 
Berry, Chittenden, Cotton, Fay, Leland, Olin, Stanley, Warner & Wet- 
more. M r - Phelps voted in the negative. 

Received from the House of Representatives a Resolution, that the 
members of both houses meet in County Conventions this day at 4 o'clock 
P. M. for the purpose of making nominations of County officers — and 
that they meet in joint committee in the Representatives' room, at 10 
o'clock of Wednesday next, for the purpose of electing such officers — 
whereupon, Resolved* to concur in passing said resolution, and Ordered 
that the Secretary notify the House accordingly. 

Received from the House of Representatives the Petitions of David 
Thomas and of Thomas Hodgkins, with orders of the House thereon 
that the same be referred to the Committee of Insolvency, whereupon, 
Resolved to concur in said order of reference. 

Received the petitions of Jacob Bliss & Sam 1 - S. Bingham, and of Mary 
Baker, with orders of the House thereon that the same be referred to 
the Judiciary Committee, whereupon, Resolved to concur in said orders 
of reference. 

Received the petition of sundry members of the 1 Reg. 1 Brig & 4 Div. 
of Militia— also the pet. of the 1 Company of Artillery 3 Reg. 3 Brig. & 
4 Divis. with orders of the House thereon that the same be referred to 
the Military Committee, whereupon, Resolved, to concur in said orders of 
reference. 

Received the Petition of sundry inhabitants of Londonderry with an 
order of the House thereon that the same be referred to the land tax 
Com ee » whereupon, Resolved to concur in said order of reference. 

Received the petition of the select men of Barnet, with an order of the 
House thereon that the same be referred to the Turnpike Com ee ' where- . 
upon, Resolved to concur in said order of reference. 



296 Governor and Council — October 1820. 

Received the Petition of Abraham M c Wain, with an order of the 
House thereon that the same be referred to the Committee of Ways & 
Means, whereupon, Eesolved to concur in said order of reference. 

Received the Petitions of Alvin House, Charles Byram, Joseph La- 
tham, and of Freeman Squires, with an order of the House on each that 
the same be referred to the Committee of Claims, whereupon, Resolved 
to concur in said orders of reference. 

Received from the House a Resolution relative to the grant of a lottery 
for the relief of the deaf & dumb, with an order of the House thereon that 
the same be referred to a committee of four to join from Council, where- 
upon, Resolved to concur in said order of reference, & M r - Chittenden 
was appointed from Council. 

Received the Petition of John Alexander Jr. with an order of the 
House thereon that the same be referred to the committee on the reso- 
lution for the relief of the deaf & dumb, whereupon, Resolved to concur in 
said order of reference. 

Received the Petition & Remonstrance of sundry inhabitants of Graf- 
ton, also of Windham, also of Westminster, Grafton & Rockingham, also 
of Londonderry, with an order of the House on each that the same be 
referred to the committee to whom was referred the Petition of the in- 
habitants of Windham, whereupon, Resolved to concur in said orders of 
reference. 

Received the Petition of Sol. Wright, adm r of Charles Wright, with 
an order of the House thereon that the same be referred to the commit- 
tee to whom was referred the Pet. of Stebbins Walbridge, whereupon, 
Resolved to concur in said order of reference. 

Received the Petition of Clark Watrous, with an order of the House 
thereon that the same be referred to a select committee to join from 
Council, whereupon, Resolved to concur in said order of reference, and 
M r - Warner was appointed from Council. 

Received the Petition of sundry inhabitants of Wallingford, with an 
order of the House thereon that the same be referred to a committee of 
two to join from Council, whereupon, Resolved to concur in said order of 
reference, and M r - Andrus was. appointed on the part of Council. 

Received the Petition of the Trustees of Thetford Academy, with an 
order of the House thereon that the same be referred to a committee [of 
three] to join from Council, whereupon, Resolved to concur in said order 
of reference, and his Hon. the Lt. Governor was appointed from Coun- 
cil. 

Received a Petition from the towns of Newark & Burke, with an order 
of the House on the same that it be referred to a committee of two to 
join from Council, whereupon, Resolved to concur in said order of refer- 
rence, and M r - Berry was appointed on the part of Council. 

Received from the House of Representatives a bill entitled "an act in 
amendment of an act reducing into one the several acts for laying out, 
making, repairing & clearing highways, " with an order of the House 
thereon that the same be referred to a committee of four to join from 
Council, whereupon, Resolved to concur in said order of reference, and 
M r - Olin was appointed on the part of Council. 

Received the Petition of "the White river bridge Company" with an 
order of the House thereon that the same be referred to a committee of 
three to join from Council, whereupon, Resolved, to concur in said order 
of reference, and M r - Cotton was appointed on the part of Council. 

Received from the House of Representatives a bill entitled "an act 
giving to the town of Brookline the right of representation in the Gen- 
eral Assembly, " with an order of the House thereon that the same be 
referred to a committee of four to join from Council, whereupon, Re- 



Governor and Council — October 1820. 297 

solved to concur in said order of reference and M r - Phelps was appointed 
on the part of Council. 

Received from the House of Representatives a bill entitled " an act 
granting the waste water of the acqueduct of the State Prison to the 
Windsor fire Society," with an order of the House thereon that the same 
be referred to a committee of four to join from Council, whereupon, Re- 
solved to concur in said order of reference, and M r - Leland was ap- 
pointed from Council. 

Received the Petition of the town of Derby, with an order of the 
House thereon that the same be referred to a committee of three to join 
from Council, whereupon, Besolved to concur in said order of reference, 
and M r - Stanley was appointed from Council. 

Received from the House of Representatives a bill entitled u an act 
regulating the practice of physic & surgery within this State," with an 
order of the House thereon that the same be referred to a committee of 
eight, to join from Council, whereupon, Besolved to concur in said order 
of reference, and M r - Wetmore was appointed from Council. 

The committee to whom was referred the Petition of John Brown & 
others, made report, that the prayer thereof ought to be granted, by trans- 
ferring the militia in that part of Goshen which was formerly the north 
part of Philadelphia in the 2 d Division, from said 2 d Division to the first 
Brigade in the third Division — whereupon, Besolved that said report be 
accepted, and that the Commander in Chief be requested to cause an 
order to be issued accordingly. 

The Council took up the petition of Chester Fletcher for a pardon and 
after proceeding some time in hearing, postponed the same to this af- 
ter noon. 

Petitions for pardons were received from Joseph Reynolds Jr., Will- 
iam C. Lee, Aaron Rowley, Harvey Medcalf and Daniel Meder, which 
were filed, and ordered to lie on the table. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The Governor & Council met pursuant to adjourn- 
ment. 

On motion, Besolved to join with the House of Representatives in 
appointing a committee of Ways & Means, and M r - Warner was ap- 
pointed on the part of Council. 

Received from the House of Representatives a Resolution, that the 
Surveyor of the Public buildings be directed to make such alterations & 
repairs in the Council Chamber as the Governor & Council shall direct, 
in which they desire the concurrence of the Gov. & Council, whereupon. 
Besolved to concur in the passage of said resolution. 

Received from the House of Representatives a resolution, that both 
houses meet in the Representatives' room on Wednesday next at 10 
o'clock A. M. for the purpose of electing Judges of the Supreme Court 
for the year ensuing, in which they desire the concurrence of the Gov. 
& Council, whereupon, Besolved to concur in the passage of said resolu- 
tion; and Ordered, that the Secretary notify the House of Representa- 
tives accordingly. 

Received from the House of Representatives a resolution that the 
Governor & Council, and house of Assembly, in their respective houses, 
proceed at two o'clock tomorrow afternoon, to ballot for some suitable 
person as a Senator from this State in the Congress of the United States 
for six years from and after the third day of March next, and that both 
houses meet immediately thereafter, in the representatives' room, to 
complete the said election according to law — in which they desire the 
concurrence of the Gov. & Council, whereupon, Besolved to concur in 
the passage of said resolution, with an amendment deferring the time 



298 Governor and Council — October 1820. 

of electing a Senator until thursday next — and ordered, that the Secre- 
tary notify the House of Representatives accordingly, and request their 
concurrence in said amendment. 

M r ; Olin introduced the following resolution : 

"In Council Oct. 17, 1820. 

Resolved that a committee of one member be appointed, to join such 
committee as the Gen 1 - Assembly may appoint, to take into consideration 
the propriety of passing a law authorizing a board to remit punishment, 
fines & costs, and to discharge persons confined in the State prison, with 
such restrictions as may be judged proper, and report by bill or other- 
wise," — which was read and ordered to lie on the table. 

Received from the House of representatives petitions from Abijah 
Barnum, Moses Fairbanks, Jacob Bartholomew, Lyman Painter, Israel 
Marsh, Lynus Beech, Henry Waterhouse, Casper R. Edson, and Patrick 
Johnson, with an order of the House on each that the same be referred 
to the Committee of Insolvency, whereupon, Resolved to concur in said 
orders of reference. 

Received the petition of the Windsor & Woodstock Turnpike Co. the 
petition & remonstrance of the inhabitants of Peacham, and the petition 
of the inhabitants of Craftsbury, with an order of the House on each 
that the same be referred to the Turnpike Committee, whereupon, Re- 
solved to concur in said orders of reference. 

Received the petitions of Dan. H. Benjamin & Cromwell Bowen, with 
an order of the House on each that the same be referred to the Commit- 
tee of Claims, whereupon, Resolved to concur in said orders of reference. 

Received from the House of Representatives a bill entitled "an act to 
revive an act laying a tax of three cents p r acre on lands within the 
charter bounds of Chittenden," with an order of the House thereon that 
the same be referred to the Land tax Committee, whereupon, Resolved 
to concur in said order of reference. 

Received the petition of sundry inhabitants of Newfane, with an order 
of the House thereon that the same be referred to a committee of four 
to join from Council, whereupon Resolved to concur in said order of 
reference, and M r - Andrus was appointed on the part of Council. 

On motion, Ordered that M r 01in be excused from serving on Commit- 
tee of Insolvency whilst the petitions of Henry Waterhouse, Patrick 
Johnson, Jacob Bartholomew & Israel Marsh are in hearing ; and M n 
Phelps was appointed in his stead to hear & report on said petitions. 

Adjourned to 9 o'clock to morrow morning. 



Wednesday October 18, 1820. 9 o'clock A. M. 

The Governor & Council met agreeably to adjournment. 

On motion, Ordered, that his Honor the Lieut. Governor be excused 
from serving on the committee to whom was referred the resolution & 
papers relative to the University of Vermont, and M r - Phelps was ap- 
pointed in his stead. 

Agreeably to the concurrent resolution of both houses, the Governor 
& Council met the General Assembly in the Representatives' room, to 
elect, in joint committee, the County officers for the year ensuing, and 
after progressing therein, the joint committee adjourned until friday next 
at 2 o'Clock P.M. and the Governor & Council returned to their Chamber. 

Adjourned to 2 o'clock P. M. 

2' O'CLOCK P. M.— The Governor & Council met pursuant to adjourn- 
ment. 

A message was received from the House of Representatives, by M r * 
Keyes, one of its members, informing the Gov. & Council that the 



Governor and Council — October 1820. 299 

House had concurred in the amendment proposed to the resolution ap- 
pointing a time for the election of a Senator to represent this State in 
the Congress of the United States. 

Agreeably to the concurrent resolution of both houses, the Governor 
& Council met the house of Representatives, in the representatives' 
room, for the purpose of electing, in joint committee, Judges of the Su- 
preme Court for the year ensuing, after which the Governor & Council 
returned to their Chamber. 1 

Received the petitions of George Warner, Jabez Fargo Jr. Lemuel 
Buck, and Shiveric Homes & others, with an order of the House on 
each that the same be referred to the Committee of Ways & Means, 
whereupon, Resolved to concur in said orders of reference. 

Received the petition of Levi Hathaway Jr. with an order of the 
House thereon that the same be referred to the Committee of Claims, 
whereupon, Resolved to concur in said order of reference. 

Received the petitions of sundry inhabitants of Peacham, of Reuben 
Miner Jr. & J. Skeels, of sundry inhabitants of Windsor, & of the inhab- 
itants of Goshen, with an order of the House on each that the same be 
referred to the Turnpike committee, whereupon, Resolved to concur in 
said orders of reference. 

Received from the House a bill entitled "an act for laying out & 
altering the County road leading from Montpelier to Danville," with an 
order of the House thereon that the same be referred to the Turnpike 
Com ee , whereupon, Resolved, to concur in said order of reference. 

Received the petition of Jonathan Shattuck, with an order of the 
House thereon that the same be referred to the Committee of Insol- 
vency, whereupon, Resolved to concur in said order of reference. 

The petition of Susannah Hecock, for a divorce, was received, with an 
order of the House thereon that the same be referred to a committee of 
three to join from Council, whereupon, Resolved to concur in said order 
of reference, and M r - Olin was appointed on said committee from 
Council. 

The special communication made by his excellency the Governor on 
the 16 inst. to the House of representatives, was sent up. with an order 
of the House thereon, that the same, together with the papers referred 
to therein, be referred to a special committee to join from Council, 
whereupon, Resolved to concur in said order of reference, and his Honor 
the Lieut. Governor was appointed on the part of Council. 

The following is the communication referred to: 

u Hon. D. Azro A. Buck, Speaker of the House of Representatives. 
Sir, — A communication was received from the late Governor, which, to- 
gether with the .papers referred to therein, are herewith transmitted to 
the General Assembly. I am, Sir, yours respectfully, 

* Richard Skinner. 

State of Vermont, Council Chamber, Oct. 16, 1820." 

The communication from the late Governor is as follows, to wit: 

" Montpelier October 16, 1820. 

His Excellency Richard Skinner. Sir, — I submit to you all such com- 
munications as have been made to me during the past year, together 
with such other matters as were connected with my official duty, and 
now, by me, deemed proper to be laid before the General Assembly for 
their information. I have therefore to desire that you would commu- 
nicate them to the legislature, in such manner as you may consider 
most suitable. 

1 Dudley Chase, Joel Doolittle, and William Brayton were elected. 



300 Governor and Council — October 1820. 

The papers marked A, contain resolutions of several States relating 
to proposed amendments to the constitution of the United States. 

The paper marked B, is a letter from the Secretary of State fop the 
United States, requesting to be furnished with the laws of this State. I 
would here observe, that I have taken the liberty to forward to him four 
copies of the acts of the Gen 1 - Assembly, passed in the years 1817, 1818 
and 1819, and also gave encouragement that the Gen 1 - Assembly would 
cause an equal number of the bound volumes of our laws to be forwarded 
to his office — one copy for the use of the Executive, one for each branch 
of the legislature, and one for the library. 

Paper marked C, is a letter from the same relative to certain docu- 
ments of the United States, which have been received and brought to 
this place, for the use mentioned in said letter. 

I would also inform the General Assembly, that pursuant to an act 
passed Nov. 4, 1817, entitled "an act for ascertaining the claims of this 
State against the United States, and for obtaining the same," I have 
used all diligence to procure a settlement of the same ; but the almost 
insurmountable obstacles in the way of settling militia accounts of so 
long standing has been the cause of so long delay. 

I have, however, in the month of March last, with the assistance of 
our delegation in Congress, especially of M r - Rich, to whom I have made 
all my communications, obtained a settlement, so far as respects the ex- 
pense for rations, transportation of baggage, and all other charges in 
marching the militia detached by order of the United States, in the late 
war, to their several places of destination, as directed by Gen 1 - Dearborn, 
and have received, as Governor of the State of Vermont, a draft from the 
Treasurer of the United States, on the Branch Bank of the United States 
at N. York, for the sum allowed, it being four thousand four hundred 
twenty one dollars & eighteen cents. I have endorsed and delivered the 
draft to the Treasurer of this State. 

All the articles of camp equipage, including the powder & lead fur- 
nished by the several towns to the said Militia, were allowed in the set- 
tlement and paid for by the United States ; they are therefore consid- 
ered by the Treasury department as the property of the United States ; 
and if any of them are in possession of this State, it is expected they will 
be turned over to the United States. 

The other accounts named in said act were laid out of the settlement, 
as I had not been able to procure such evidence as would warrant any 
further proceeding on them. 

The laws of the individual States, which have been received during 
the last year, for the use of the legislature, I have forwarded to this 
place and deposited them as usual. I have also received from- the Secre- 
tary of State for the U. States, two hundred and ninety copies of the acts 
and laws of the U. States, passed the first session of the sixteenth Con- 
gress, which copies are at this place, ready for distribution. I have the 
honor to be, with sentiments of esteem your Excellency's most ob*- serv*- 

Jonas Galusha." 

The resolution introduced yesterday by M r - Olin was called up and 
read, and on the question, " Shall the resolution pass ? "—it was deter- 
mined in the negative — so the resolution was rejected. 

On motion, Ordered, that the Secretary be directed to prepare & report 
a form of pardon to persons confined in the State prison. 

On motion of M r - Olin, Besolved, that the vote granting a pardon to 
William Cilly be reconsidered — and thereupon it was moved by M r - 
Fay that the said William Cilly be pardoned so far as to remit the pains 
& penalties of his sentence, upon condition that he leave this State 



Governor and Council — October 1820. 301 

within thirty days from the date of his pardon, and not return within 
twenty years ; which was determined in the affirmative. 
Adjourned to 9 o'clock to morrow morning. 



Thursday October 19, 1820. 9 o'clock A. M. 

The Governor & Council met pursuant to adjournment. 

Received from the House of Representatives sundry petitions & re- 
monstrances from inhabitants of the towns of Windham, Grafton, West- 
minster, Rockingham, & Londonderry, which had been committed 
to a select committee, with an order of the House thereon that the 
select committee be discharged from the further consideration thereof 
and that the same be referred to the Turnpike Committee — whereupon, 
Besolved to concur in said discharge & order of reference. 

Received the petition of sundry inhabitants of Bradford, Corinth, 
Topsham, & Orange, with an order of the House of Representatives 
thereon, that the same be referred to the Turnpike Committee, where- 
upon, Besolved to concur in said orders of reference. 

Received the petition of Noyes Hopkinson, with an order of the House 
thereon, that the same be referred to the land tax Committee, where- 
upon, Besolved to concur in said order of reference. 

Received the petition of Amos Stearns, with an order of the House 
thereon that the same be referred to the Judiciary Committee, where- 
upon, Besolved to concur in said order of reference. 

The petition of sundry officers & soldiers of Readsboro' praying to be 
transferred from the second to the first division of militia of this State, 
was presented and on motion referred to the Lt. Gov. & M r - Fay. 

The petition of Samuel Durkee, a convict in the State prison, for 
a pardon, was taken up and on the question "Will the Governor & Coun- 
cil grant a pardon to the said Samuel Durkee ?" It was determined in 
the affirmative unanimously. Those who voted in the affirmative are, 
his Hon. the Lt. Gov. Messrs. Andrus, Berry, Butler, Chittenden, Cotton, 
Fay, Leland, Olin, Phelps, Stanley, Warner & Wetmore. 

Adjourned to 2 O'Clock P. M. 

2 O'clock P. M. — The Governor & Council met agreeably to ad- 
journment. 

M r - Olin, from the committee appointed to draft an address to the late 
Governor, reported the following, to wit : 

State of Vermont, In Council Oct. 19, 1820. 

The Hon. Jonas Galusha.— Sir,— On your retiring from public employ- 
ments, and again resuming the pursuits of private life, the Governor & 
Council cannot refrain from an expression of their feelings. The knowl- 
edge which they possess of your character forbids, however, that warmth 
of expression which on other occasions they can with pleasure indulge. 
But a recurrence to the principal events of your life excites emotions 
which they cannot repress. The expression is due to you ; it is due to 
our fellow citizens. Some of us recollect, and all of us know, the zeal 
and ardor with which you embraced the cause of Independence ; the 
cheerful alacrity with which you repaired to the scene of one of our 
most brilliant victories ; and that heroic firmness with which you, by the 
side of your gallant friends, met the invaders of our country. Among 
the various employments to which you have been called by the cheerful 
voice of your fellow citizens, we notice with peculiar pleasure your labors 
as an associate of this executive Council. They were exerted at a time 
when all our institutions, like this Commonwealth, were in their infancy. 



302 Governor and Council — October 1820. 

A direction was to be given to the moral & political principles of a small 
& dispersed people. The foundation of all those laws & regulations was 
to be laid, on which repose the happiness and security of society. In 
the accomplishment of such great & interesting objects, from which we 
derive those exalted blessings which now surround us, great is the obli- 
gation we are under to your paternal care. To such successful exertions 
as you have made for the prosperity of this rising State, and the ardent 
yet steady zeal which urged you forward in your honorable course, your 
fellow citizens were never strangers. They have, with liberal hands, 
presented you with their best gifts, the richest honors they could bestow, 
as the testimonials of their esteem for your private & public character. 
As a Judge, your conduct and intelligent integrity stands approved. 
As chief magistrate of the State, the people have decided in unequivocal 
language the high station you occupy in their respect & veneration. 
We are sensible that a period to public life must arrive. It has been 
your fortune to decide that period for yourself, at a time when you en- 
joyed the fullest flow of public confidence. Under such circumstances, 
deep and lasting must your virtuous merits be engraved on the hearts 
of your cotemporaries ; and with satisfaction do we entertain the belief 
that posterity will place you among the best and wisest founders and 
supporters of this flourishing State. Our earnest wishes and fervent 
prayers for your happiness will be offered, and our warmest benedictions 
will attend you in private life ; and under the care of a kind, protecting 
Providence, may you enjoy that pure satisfaction which ever dwells in 
the bosom of a good, a virtuous & honest man." 

The foregoing address having been read — on motion of M r - Fay, It 
was adopted unanimously, and Ordered that the Secretary be directed to 
present the same to the Hon. Jonas Galusha, late Governor of this State. 

Received from the House of Representatives a bill entitled " an act 
for the relief of Ezekiel O. Goodrich" — also the petition of Samuel 
Shuttleworth — also, The petition of Thomas Hunt, with an order hi the 
House on each, that the same be referred to the committee of Ways & 
Means, whereupon, Besolved to concur in said orders of reference. 

Received the petition of the officers of the 2 d Reg*- 2 d Brig. & 1 Division 
of the militia of this State, with an order of the House thereon that the 
same be referred to the Military Committee, whereupon, Besolved, to 
concur in said order of reference. 

The petitions of H. P. White, Michael Bennett, Royal H. Gould, & 
Thomas Nichols, were presented, with an order of the House on each 
that the same be referred to the Committee of Insolvency, whereupon, 
Besolved to concur in said orders of reference. 

The petitions of sundry inhabitants of Westfield was received with an 
order of the House thereon that the same be referred to the Land tax 
Committee, whereupon, Besolved to concur in said order of reference. 

The petition of sundry inhabitants of Kellyvale [Lowell,] of Reading, 
of Georgia, of Cavendish, of Brookline, of Plymouth, and of Westfield, 
were received, with an order of the House on each that the same be re- 
ferred to the Turnpike Committee, whereupon, Besolved to concur in said 
orders of reference. 

On motion, Ordered that M r - Cotton be excused from serving on the 
Turnpike Committee whilst the petitions of sundry inhabitants of Brad- 
ford, Corinth &c. are in hearing, and that M r - Chittenden be appointed 
in his stead to hear & report on the same. 

The petitions of Daniel Tufts, John Boorn, Jesse Boorn, Stephen 
Boorn, Michael Bennett, Benj. B. Sargent, Samuel Steward, and of Ca- 
leb Fish, were received, with an order of the House on each, that the 



Governor and Council — October 1820. 303 

Same be referred to the Committee of Claims, whereupon, Resolved to 
concur in said orders of reference. 

The petition & remonstrance of sundry inhabitants of Plymouth was 
received, with an order of the House thereon that the same be referred 
to a select committee to join from Council, whereupon, Resolved, to con- 
cur in said order of reference, and M> Warner was appointed on the 
part of the Council. 

Keceived from the House of Representatives a bill entitled "an act 
incorporating the town of Smithfield in Windsor county," with an order 
of the House thereon that the same be referred to the above mentioned 
committee on the petition and remonstrance of sundry inhabitants of 
Plymouth, whereupon, Resolved to concur in said order of reference. 

Received from the House the report of the Committee of Insolvency 
on the petition of Casper R. Edson for an act of suspension, who report 
that the prayer of the petition ought to be granted, and that an act of 
suspension be granted the petitioner for the term of five years, with an 
order of the House thereon that said petition & report.be recommitted 
to the s d Com ee , whereupon, Resolved to concur in said order of recom- 
mitment. 

A message was received from the House of Representatives, by M r - 
Williams, one of its members, informiug the Govaruor & Council that 
the house are now ready to proceed to ballot for a Senator to represent 
this State in the Congress of the United States, agreeably to the con- 
current resolution of the two houses. Ou motion, Ordered, that the 
Secretary notify the House of Representatives that the Governor & 
Council are now ready to proceed, on their part, to ballot for a Senator 
to represent this State in the Congress of the United States, agreeably 
to the concurrent resolution of both houses. The Secretary having no- 
tified the House of Representatives accordingly, and returned, where- 
upon, agreeably to the concurrent resolution of both houses, passed on 
the 18 th inst., the Governor & Council proceeded, by ballot, to elect, on 
their part, a Senator to represent this State in the Congress of the Uni- 
ted States, for the term of six years from and after the third day of 
March next — and the ballots having been sorted and counted, it ap- 
peared that Horatio Seymour had a majority and was duly elected on 
the part of the Governor & Council. A message was received from the 
House of Representatives, by M r - Sheldon, one of its members, inform- 
ing the Governor & Council that the House have proceeded to ballot for 
a Senator on their part, agreeably to the concurrent resolution of both 
houses, and were ready to receive the Governor & Council in the repre* 
sentatives' room to complete said appointment, whereupon, on motion, 
Resolved, that the Governor & Council will immediately attend in the 
representatives' room for the purpose of completing the appointment of 
a Senator to represent this State in the Congress of the U. States. The 
Governor & Council and House of Representatives met in joint com- 
mittee in the representatives' room, and transacted the following busi- 
ness, as appears from the journal of their clerk, to wit: 

" In Joint Committee Oct. 19, 1820. 
Pursuant to a concurrent resolution of both houses, his Excellency 
the Governor, the Council, and House of Representatives met in joint 
committee in the representatives' room, for the purpose of comparing 
their respective ballots for a Senator in the Congress of the Unite3 
States for the term of six years from and after the third day of March 
•next. The respective journals of the two houses were then read — where- 
upon it appeared that 'the Hon. Horatio Seymour had a majority of the 
whole number of votes in each house for the office of Senator as*afores d - 



304 Governor and Council — October 1820. 

whereupon the said Horatio Seymour was declared duly elected to said 
office, of which proclamation was duly made. The committee dissolved. 

Attest William Slade Jr. Clerk." 

The Governor & Council returned to their Chamber. 

Petitions were received from Clark Caryl, Calvin Hall, & Timothy 
Morgan, convicts in the State Prison, for pardon, which were ordered to 
lie on the table. 

Adjourned to 9 o'clock to-morrow morning. 



Friday October 20 1820. 9 o'clock A. M. 

The Governor & Council met agreeably to adjournment. 

The petition of Daniel Beedie for a new trial, was received, with an 
order of the House of Representatives thereon, that the same be refer- 
red to the Committee of .New trials, whereupon, Resolved to concur in 
said order of reference. 

The petition of William Bennett was received, with an order of the 
House thereon that the same be referred to the Committee of Claims, 
whereupon, Resolved to concur in said order of reference. 

Received from the House of Representatives a bill entitled "an act 
directing the Treasurer