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RECORDS 


OF  THE 


GOVERNOR  and  COUNCIL 


OF  THE 


STATE  OF  VERMONT 


VOLUME  VII. 


EDITED  AND   PUBLISHED  BY   AUTHORITY   OF  THE   STATE 

By  E.  P.  WALTON. 


MONTPELIER : 

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

1679. 


v.7 


■  V 

1 


CONTENTS  OF  VOLUME  VII. 


I.  PORTRAIT  of  Gov.  Van  Ness,  frontispiece. 

II.  PORTRAIT  of  Gov.  Crafts,  from  a  photograph  furnished 

by  Nathan  S.  Hill,  Esq.,  of  Burlington,  facing  p.  299. 

III.  PORTRAIT  of  Hon.  Samuel  Prentiss,  from  a  plate  fur- 

nished by  Frederick  J.  Prentiss,  Esq.,  facing  p.  401. 

IV.  RECORD  of  the  GOVERNOR  AND   COUNCIL,   Forty- 

Sixth  Council,  Oct.  1822  to  Oct.  1823 1-63 

Forty-Seventh  Council,  Oct.  1823  to  Oct.  1824 64-108 

Forty-Eighth  Council,  Oct.  1824  to  Oct.  1825 109-158 

Forty-Ninth  Council,  Oct.  1825  to  Oct.  1826 159-204 

Fiftieth  Council,  Oct.  1826  to  Oct.  1827 205-252 

Fifty-First  Council,  Oct.  1827  to  Oct.  1828 253-298 

Fifty-Second  Council,  Oct.  1828  to  Oct.  1829 299-344 

Fifty-Third  Council,  Oct.  1829  to  Oct.  1830 345-390 

Fifty-Fourth  Council,  Oct.  1830  to  Oct.  1831 391-434 

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

eral Assembly,  1822  to  1830  inclusive 435-472 

Of  Gov.  Skinner  in  1822,  435.    Of  Gov.  Van  Ness  in  1823, 
.     438;    in  1824,  443;  in  1825,  448.     Of  Gov.  Butler  in 
-      1826,  452;  in  1827,  456.    Of  Gov.  Crafts  in  1828,  459;  in 
1829,463;  in  1830,  468. 

VI.  APPENDIX  JB.— Proposed  Amendments  to  the  Fed- 

eral Constitution,  &c 473-478 

President  Andrew  Jackson,  Congressional  Caucuses,  the  Mon- 
roe Doctrine,  Emancipation  of  Slaves  by  Colonization, 
473.  Resolutions  on  Slavery,  474.  Proposed  Amend- 
ments on  the  election  of  President  and  Vice  President 
of  the  United  States,  475.  On  Fund  for  Internal  Im- 
provements and  Education,  476.  On  Constitutionality 
of  Protective  Tariffs,  &c.  476-478.  Proposed  Amendment 
to  restrict  the  Presidency  to  one  term  of  six  years,  478. 

VII.  APPENDIX  C— Internal  Improvements  in  Ver- 

mont. 1823-1845: 

Surveys  for  Canals 479-482 

Introduction  of  Railroads 482-487 


M160119 


iv  Contents. 

VIII.  APPENDIX  D.— Visit  of  Lafayette  to  Vermont 

in  1825 488-502 

Note  on  Lafayette,  488.  Letter  of  Gov.  Van  Ness  to  Lafay- 
ette, and  reply  of  the  latter,  489.  Addresses  at  Windsor, 
June  28,  1825,  490-492— Address  of  Gov.  Van  Ness,  490, 
and  Lafayette's  reply,  491.  Addresses  at  Woodstock, 
June  28, 1825,  492-3— Address  of  Hon.  Titus  Hutchinson, . 
492,  and  abstract  of  Lafayette's  reply,  493.  Address  of 
Hon.  Jacob  Collamer  at  Royalton,  June  28,  1825,  493. 
Address  of  Rev.  Wilbur  Fisk  at  East  Randolph,  June  28, 
1825,  referred  to,  493.  Addresses  at  Montpelier,  June  28 
and  29,  1825 — Address  of  Hon.  Elijah  Paine,  and  Lafay- 
ette's reply,  494 — Address  of  Mrs.  Erastus  Watrous,  and 
Lafayette's  reply,  495.  Addresses  at  Burlington,  June 
29,  1825,  496-499— Address  of  Hon.  William  A.  Gris- 
wold,  496,  and  Lafayette's  reply,  497 — Address  of  David 
Russell,  Esq.,  and  Lafayette's  reply,  498 — Address  of  Rev. 
Willard  Preston,  on  the  laying  of  the  corner  stone  of  the 
south  college  of  the  University  of  Vermont  by  Gen.  La- 
fayette, and  abstract  of  the  General's  reply,  499.  Persons 
taking  part  in  the  ovation  as  officers,  escort,  &c.  500. 
Toasts  by  General  Lafayette,  501.  Lafayette's  last  act  in 
"  America,  the  release  of  Gen.  William  Barton  from  im- 
prisonment, 501.     Gen.  Barton's  return  to  his  family,  502. 

IX.  ADDITIONS  AND  CORRECTIONS 503-4 

X.  ACKNOWLEDGMENTS 504 

XL     GENERAL  INDEX .- 505-527 


FORTY-SIXTH  COUNCIL. 

OCTOBER  1822  TO  OCTOBER  1823. 


Richard  Skinner,  Manchester,  Governor. 
Aaron  Leland,  Chester,  Lieutenant  Governor. 

Councillors: 


Ezra  Butler,  Waterbury, 
Truman  Chittenden,  Williston, 
Timothy  Stanley,  Greensboro', 
Seth  Wetmore,  St.  Albans, 
Joseph  Berry,  Guildhall, 
Charles  Phelps,  Townshend, 


Josiah  Dana,  Chelsea, 
Joel  Pratt,  Manchester, 
Israel  P.  Dana,  Danville.. 
Jabez  Proctor,  Cavendish, 
Uriel  C.  Hatch,  Cavendish, 
Eben  W.  Judd,  Middlebury. 

Robert  Temple,  Rutland,  Secretary. 

Samuel  S.  Conant,  Sec.  pro  tern.  Nov.  12  and  13  1822. 

John  Peck,  Waterbury,  Sheriff. 


BIOGRAPHICAL  NOTICES. 

Israel  P.  Dana,  fifth  son  of  John  Winchester  Dana  of  Pomfret,  Yt., 
and  grandson  of  Gen.  Israel  Putnam  of  Pomfret,  Conn.,  was  born  April 
13  1774,  and  settled  in  Danville  in  1805,  as  inn-keeper  for  a  few  years, 
but  afterward  and  for  life  engaged  in  mercandize.  His  sterling  qualities 
soon  gained  the  confidence  of  the  public,  which  he  retained  until  his 
death.  He  was  Sheriff  of  Caledonia  County  1808  until  1813,  when  he 
was  appointed  under  the  U.  S.  government  one  of  the  Collectors  of  the 
internal  taxes  ;  in  1814  he  raised  and  commanded  a  company  of  volun- 
teers, who  marched  to  resist  the  invasion  of  Plattsburgh,  and  met  at 
Montpelier  the  news  of  the  glorious  victory  ;  1822  until  1827  he  was  one 
of  the  Governor's  Council,  and  soon  after  the  organization  of  the  Vt. 
Mutual  Fire  Insurance  Company,  was  appointed  its  President.  Firmly 
holding  to  the  doctrines  and  polity  of  the  Congregational  Church,  he 
gave  his  daughters  to  Christian  service,  one  as  wife  of  the  late  Rev. 
Austin  Hazen  of  Hartford  and  Berlin,  Vt.,  another  as  a  missionary  of 
the  American  Board  in  India,  and  still  another,  Mrs.  Stoddard,  in  Per- 
1 


2  Governor  and  Council — Biographical  Notices. 

sia.  Mr.  Dana  died  June  22  1848.  Judah  Dana,  U.  S.  Senator  from 
Maine,  was  a  brother,  and  Gov.  John  W.  Dana  of  Maine  a  nephew. 
Charles  S.  Dana,  present  U.  S.  Collector  of  internal  revenue  in  Ver- 
mont, is  a  son. — Vt.  Historical  Magazine,  title  Danville  ;  and  Deming's 
Catalogue. 

Jabez  Proctor  was  born  in  Westford,  Mass.,  April  22,  1780,  and 
came  to  what  is  now  Proctorsville,  Vt.,  with  his  father's  family,'  in  Feb- 
ruary 1784,  his  father  being  the  first  settler  there.  During  minority  he 
was  employed  in  agriculture,  merchandizing,  and  hotel  keeping ;  but 
on  becoming  of  age  he  entered  into  an  universal  partnership,  as  it  was 
called,  with  a  brother,  doing  a  large  and  successful  business,  with  no 
separate  accounts  between  the  partners,  but  paying  all  family  and  other 
expenses  out  of  the  common  fund — a  fact  which  attests  the  perfect  con- 
fidence of  each  brother  in  the  integrity  of  the  other.  He  was  Council- 
lor five  years,  1822  until  1827  ;  Judge  of  Probate  for  the  District  of 
Windsor  four  years,  1830  until  1834 ;  and  Presidential  elector  in  1824, 
and  again  in  1836,  heading  the  list  and  being  the  messenger  to  carry  the 
vote  of  the  state  to  Washington.  When  Councillor,  he  boarded  in  a 
family  with  which  the  editor  of  this  volume  is  connected,  and  the 
tradition  is  that  he  was  a  safe  Councillor,  careful  in  coming  to  his  con- 
clusions, and  firm  in  his  adherence  to  them.  He  was  father  of  Gov. 
Redfield  Proctor,  the  present  [1878-'9]  executive  of  the  state. 

Uriel  C.  Hatch  represented  Cavendish  in  the  Constitutional  Con- 
vention of  1814,  and  in  the  General  Assembly  eleven  years,  1809  until 
1818,  and  1819  and  1821 ;  was  Judge  of  Probate  in  1821,  and  Councillor 
in  1822.  In  the  election  of  1822  it  happened  that  Rutland  County 
failed  of  having  a  Councillor  by  reason  of  too  many  candidates,  and 
Windsor  County  received  a  double  portion,  in  Messrs.  Proctor  and 
Hatch,  who  were  residents  of  the  same  town.  In  the  succeeding  elec- 
tion a  Councillor  was  restored  to  Rutland  County,  in  the  place  of  Mr. 
Hatch. 

Eben  W.  Judd  was  Delegate  from  Middlebury  in  the  Constitutional 
Convention  of  1822,  Assistant  Judge  of  Addison  County  Court  1825 
until  1829,  and  Councillor  one  term. — Deming's  Catalogue. 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   WITH  THE   GENERAL   ASSEMBLY   AT  MONTPE- 
LIER,  OCTOBER  1822. 


State  of  Vermont.  A  Journal  of  the  proceedings  of  the  Governor 
and  Council  of  the  State  of  Vermont,  at  their  annual  session  begun  and 
held  at  Montpelier  on  the  second  thursday  of  October  (being  the  10th 
day  of  the  month),  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty-two;  and  in  the  forty-seventh  year  of  the  Independence  of 
the  United  States— Present,  His  Excellency  Richard  Skinner,  Gover- 
nor— The  Hon.  Joseph  Berry,  Trumau  Chittenden,  Josiah  Dana, 
Aaron  Leland,  Henry  Olin,  Charles  Phelps,  Joel  Pratt,  Timothy  Stan- 
ley, Seth  Wetmore,  &  Joseph  Warner,  Councillors. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr- 
Roberts  one  of  its  members,  informing  the  Gov.  &  Council  that  the 
house  has  organized,  by  electing  the  Hon.  D.  Azro  A.  Buck  Speaker 
pro  tem.  and  Lemuel  Whitney  Esq.  Clerk  pro  tern,  and  are  ready  to  re- 
ceive any  communication  the  Gov.  &  Council  may  be  pleased  to  make — 
and  he  withdrew. 

On  motion,  Ordered,  that  the  Secretary  acquaint  the  House  of  Repre- 
sentatives that  his  Excellency  the  Governor,  together  with  a  quorum  of 
the  Council,  have  assembled  in  the  Council  Chamber,  and  are  ready  to 
proceed  to  business. 

The  Gov.  &  Council  proceeded  to  appoint  a  comee  to  receive,  sort  & 
count  the  votes  for  Governor,  Lieut.  Governor,  Treasurer  &  Councillors. 
Members  chosen  Messrs.  Wetmore,  Dana  &  Warner;  who  were  duly 
sworn  to  perform  that  service. 

A  message  was  received  from  the  House,  by  Mr-  Wales  one  of  its 
members,  informing  that  the  house  has  on  its  part  appointed  a  commit- 
tee to  receive,  sort  &  count  the  votes  for  Governor,  Lt.  Governor,  Treas- 
urer &  Councillors— and  he  withdrew.  Ordered,  that  the  Secretary  in- 
form the  House  that  the  Gov.  &  Council  have  on  their  part  appointed  a 
committee  to  receive,  sort  &  count  the  votes  for  Governor,  Lieut.  Gov- 
ernor, Treasurer  &  Councillors,  for  the  ensuing  year. 

Adjourned  to  4  o'clock  P.  M.1 

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

A  message  was  received  from  the  House  by  Mr-  Austin,  one  of  its 
members,  informing  that  the  House  is  ready  to  receive  the  Governor  & 
Council  in  the  Representatives'  room,  to  hear  the  report  of  the  canvass- 
ing committee.  On  motion,  Ordered,  that  the  Secretarv  inform  the 
House  that  the  Gov.  &  Council  will  immediately  attend  in  the  Repre- 
sentatives' room  to  receive  the  report  of  the  canvassing  committee. 


The  election  sermon  was  preached  by  Rev.  John  Lindsey. 


4  Governor  and  Council — October  1822. 

The  Governor  &  Council  attended  in  the  Representatives'  room; 
when  the  canvassing  committee  made  the  following  report,  to  wit:  that 
His  Excellency  Richard  Skinner  is  elected  Governor — that  the  Hon. 
Aaron  Leland  is  elected  Lieut.  Governor— and  Benjamin  Swan  Esq.  is 
elected  Treasurer — and  that  the  Hon.  Joel  Pratt,  Eben  W.  Judd,  Tru- 
man Chittenden,  Israel  P.  Dana,  Timothy  Stanley,  Uriel  C.  Hatch, 
Charles  Phelps,  Josiah  Dana,  Ezra  Butler,  Seth  Wetmore,  Joseph 
Berry,  &  Jabez  Proctor,  are  elected  Councillors  for  the  year  ensuing — 
which  is  respectfully  submitted. 

(Signed)  Seth  Wetmore,  Chairman. 

Oct.  10, 1822.  George  E.  Wales,  Clerk. 

Which  report  having  been  read,  the  Sheriff  of  Washington  County 
made  proclamation  of  said  several  elections,  and  the  Governor  &  Coun- 
cil returned  to  their  chamber. 

Adjourned  to  9  o'clock  to-morrow  morning.1 


Friday  October  11, 1822.    9  o'clock  A.  M. 

His  Honor  Aaron  Leland,  Lieut.  Governor  elect,  and  the  Hon.  Jo- 
seph Berry,  Truman  Chittenden,  Josiah  Dana,  Israel  P.  Dana,  Uriel  C. 
Hatch,  Eben  W.  Judd,  Charles  Phelps,  Joel  Pratt,  Timothy  Stanley  & 
Seth  Wetmore,8  Councillors,  appeared  in  the  Council  Chamber,  and  im- 
mediately attended  in  the  Representatives'  room  (except  Mr-  Pratt)  and 
in  presence  of  the  House  took  and  subscribed  the  oaths  of  office  before 
the  Hon.  William  Brayton,  one  of  the  Judges  of  the  Supreme  Court — 
when  they  returned  to  the  Council  Chamber. 

Ordered,  by  His  Excellency  the  Governor,  that  the  Secretary  inform 
the  House  of  Representatives  that  he  will  attend  in  the  representatives' 
room,  at  two  o'clock  this  afternoon,  to  take  the  oaths  of  office,  and  make 
his  communication  to  the  legislature. 

Adjourned  to  2  o'clock  P.  M. 

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

The  Hon.  Jabez  Proctor,  a  member  of  Council,  appeared,  took  and 
subscribed  the  oaths  of  office  before  Mr  Wetmore,  and  took  his  seat. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 

"  In  Genl  Assembly  Oct.  11, 1822. 

Besolved,  The  Gov.  &  Council  concurring  herein,  that  both  houses 
meet  in  the  Representatives'  room,  in  joint  committee,  at  three  o'clock 
this  afternoon,  for  the  purpose  of  electing  a  chaplain  of  the  Gen1  As- 
sembly for  the  year  ensuing  " — which  was  read  &  adopted — and  Ordered, 
that  the  Secretary  notify  the  House  accordingly. 

The  Governor  &  Council  attended  in  the  House  of  Representatives, 
when  his  Excellency  the  Governor  took  &  subscribed  the  oaths'of  office 
before  the  Hon.  Wm"  Brayton,  one  of  the  Judges  of  the  Sup.  Court,  and 
delivered  the  following  Speech.8 

1  The  votes  for  Governor  cannot  be  found. 

2  Sec.  Temple  seems  to  have  been  unaware  of  the  rule  of  1781,  which 
required  the  Councillors  to  be  ranked  "  according  to  their  former  ap- 
pointment"— i.  e.,  according  to  priority  of  service. 

8  For  speech  see  Appendix  A. 


Governor  and  Council — October  1822.  5 

The  Governor  &  Council,  in  joint  comee  with  the  House,  elected  a 
chaplain,  after  which  they  returned  to  their  chamber.1 

A  message  was  received  from  the  House  by  Mr-  Waterman,  one  of  its 
members,  informing  that  the  House  has  organized  by  choosing  the  Hon. 
D.  Azro  A.  Buck,  Speaker,  &  Timothy  Merrill  Esq.  Clerk. 

A  large  number  of  petitions  from  convicts  in  the  State  prison  were 
presented  and  filed. 

The  Petition  of  Wm-  Annis,  for  pardon,  was  taken  up,  read,  and  ordered 
to  lie  on  the  table. 

The  Governor  was  pleased  to  appoint  Robert  Temple  Secretary  of  the 
Governor  &  Council  the  year  ensuing;  who  was  thereupon  duly  sworn. 

The  Petition  of  Charles  Ball,  a  convict  in  the  State  prison,  for  pardon, 
was  taken  up  &  read — whereupon,  on  motion  Mr-  Dana  of  O.  [Orange 
County,]  Ordered,  that  said  petition  be  dismissed.  The  Petition  of  Chaun- 
cey  Beach,  for  pardon,  was  taken  up  &  read — whereupon,  on  motion  of  Mr- 
Phelps,  Ordered,  that  said  petition  be  dismissed.  The  Petition  of  Dan- 
iel Butler,  for  pardon,  was  taken  up  and  read — whereupon,  on  motion  of 
the  Lt.  Gov.  Ordered,  that  said  petition  be  dismissed.  The  Petition  of 
Jesse  Brooks,  for  pardon,  was  taken  up  and  read — whereupon,  on  mo- 
tion of  Mr-  Wetmore,  Ordered,  that  said  petition  be  dismissed.  The 
Petition  of  Leonard  Carless  [Corliss,]  for  pardon,  was  taken  up  and 
read — whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said  petition 
be  dismissed. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Saturday  Oct.  12, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  Petition  of  Phebe  Mumford,  a  convict  in  Addison  Co.  jail,  for 
pardon,  was  presented  and  filed. 

The  Petition  of  Sam1  Blackington,  for  pardon,  was  taken  up,  read  & 
considered,  &  ordered  to  lie.  The  Petition  of  Caleb  B.  Cady,  for  par- 
don, was  taken  up  &  read — whereupon,  on  motion  of  Mr-  Stanley,  Or- 
dered, that  said  Petition  be  dismissed.  The  Petition  of  John  Conant, 
for  pardon,  was  taken  up  &  read — whereupon,  on  motion  of  Mr-  Wet- 
more, Ordered,  that  said  petition  be  dismissed. 

The  Petition  of  John  Campbell,  for  remission  of  his  fine,  his  term  in 
State  prison  having  expired,  was  taken  up  and  read — and  the  question 
was  put,  "  Shall  said  fine  be  remitted  ?"  which  was  determined  in  the 
affirmative— Yeas  11,  Nays  0.  Those  who  voted  in  the  affirmative  are, 
the  Lt.  Gov.  Messrs.  Berry,  Chittenden,  Dana  of  O.  Dana  of  C.  [Cale- 
donia,] Hatch,  Judd,  Phelps,  Proctor,  Stanley  &  Wetmore. 

The  Pet.  of  Lewis  Cambridge,  for  pardon,  was  taken  up,  read,  &  or- 
dered to  lie.  The  Petition  of  Jeremiah  Downey,  for  pardon,  was  taken 
up  and  read — whereupon,  on  motion  of  the  Lt.  Gov.  Ordered,  that  said 
petition  be  dismissed.  The  Petition  of  Alonzo  Davis,  for  pardon,  was 
taken  up  &  read — whereupon,  on  motion  of  Mr-  Dana  of  C.  Ordered, 
that  said  petition  be  dismissed.  The  Petition  of  Sam1  Dolloff,  for  par- 
don, was  taken  up  &  read — whereupon,  on  motion  of  Mr-  Dana  of  C. 
Ordered,  that  said  petition  be  dismissed.  The  Petition  of  Thomas  Da- 
vis, for  pardon,  was  taken  up  &  read — whereupon,  on  motion,  ordered 
to  lie. 

Mr-  Phelps  introduced  the  following  resolution,  to  wit:  Besolved,  that 
a  comee  of  one  member  be  appointed,  to  join  such  committee  as  may  be 

1  Rev.  John  Lindsey  was  elected. 


6  Governor  and  Council — October  1822. 

appointed  by  the  House  of  Representatives,  to  make  enquiry  into  the 
expediency  of  making  provision  by  law,  that  persons  enlarged  by  the 
Executive  Council  under  the  pardoning  power,  shall  be  neverthe- 
less incompetent  to  testify  in  courts  of  justice — which  was  read  & 
adopted— and  Mr-  Phelps  appointed  on  the  part  of  the  Council. 

The  Petition  of  Reuben  Dike,  for  pardon,  was  taken  up  and  read- 
whereupon,  on  motion  of  Mr-  Hatch,  Ordered,  that  said  petition  be  dis- 
missed. The  Pet.  of  John  Emmerson,  for  pardon,  was  taken  up  &  read, 
&  ordered  to  lie.  The  Pet.  of  John  Evans,  for  pardon,  was  taken  up  & 
read,  &  ordered  to  lie.  The  Petition  of  James  Fitch,  for  pardon,  was  ta- 
ken up  &  read — whereupon,  on  motion,  Ordered,  that  said  petition  be  dis- 
missed. The  Petition  of  John  Bet.  Freeman,  for  pardon,  was  taken  up 
&  read — whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said  peti- 
tion be  dismissed.  The  Petition  of  David  Fowler,  for  pardon,  was 
taken  up  and  read — whereupon,  on  motion  of  the  Lt.  Gov.  Ordered,  that 
said  petition  be  dismissed.  The  Petition  of  Meriner  Floyd,  for  pardon, 
was  taken  up  and  read — whereupon,  on  motion  of  Mr-  Stanley,  Ordered, 
that  said  petition  be  dismissed.  The  Petition  of  Rufus  H.  Green,  for 
pardon,  was  taken  up  &  read — whereupon,  on  motion  of  Mr  Wetmore, 
Ordered,  that  said  petition  be  dismissed.  The  Pet.  of  Elijah  Groomes, 
for  pardon,  was  taken  up  &  read — and  ordered  to  lie. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  &  Council  met,  &c. 

The  Petition  of  Selah  Hickcox,  for  pardon,  was  taken  up  &  read — 
whereupon,  on  motion  of  the  Lt.  Gov.  Ordered,  that  said  petition  be  dis- 
missed. The  Petition  of  Reuben  T.  Hathaway,  for  pardon,  was  taken 
up  &  read — whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said 
petition  be  dismissed.  The  Petition  of  James  Harvey,  for  pardon,  was 
taken  up  &  read — whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that 
said  petition  be  dismissed.  The  Petition  of  Allen  Howard,  for  pardon, 
was  taken  up  &  read — whereupon,  on  motion  of  Mr  Wetmore,  Ordered, 
that  said  petition  be  dismissed.  The  Petition  of  David  O.  Gould  was 
read,  and  ordered  to  lie.  The  Petition  of  Dwight  Hazleton,  for  pardon, 
was  taken  up  and  read — whereupon,  on  motion  of  the  Lt.  Gov.  Ordered, 
that  said  petition  be  dismissed.  The  Petitions  of  John  Jones,  Ira  Har- 
rington, &  Wm-  Johnson,  for  pardon,  were  severally  read  &  ordered  to 
lie.  The  Petition  of  William  B.  Herrick,  for  pardon,  was  taken  up  & 
read — whereupon,  on  motion  of  Mr-  Phelps,  Ordered,  that  said  petition 
be  dismissed.  The  Petition  of  Horace  Kimball,  for  pardon,  was  read  & 
ordered  to  lie.  The  Petition  of  Elijah  Kezar,  for  pardon,  was  taken  up 
&  read — whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said  peti- 
tion be  dismissed.  The  Petition  of  Hiram  Kezar,  for  pardon,  was  read 
&  ordered  to  lie.  The  Petition  of  Bohon  S.  Monroe,  for  pardon,  was 
read — whereupon,  on  motion  of  M>  Stanley,  Ordered,  that  said  petition 
be  dismissed.  The  Petition  of  Timothy  Morgan  was  read,  and  ordered 
to  lie.  The  Petition  of  William  W.  Noble,  for  pardon,  was  taken  up 
&  read — whereupon,  on  motion  of  Mr-  Stanley,  Ordered,  that  said  peti- 
tion be  dismissed. 

Adjourned  to  Monday  morning  next. 


Monday  October  14, 1822.    9  o'clock  A.  M. 
The  Governor  &  Council  met  agreeably  to  adjournment. 
Mr-  Pratt,  a  member  of  Council,  appeared,  was  sworn,  and  took  his 
seat. 


Governor  and  Council — October  1822.  7 

The  Petitions  of  David  Norris,  Thomas  Hendlen,  and  James  Jerman 
were  severally  read  &  ordered  to  lie. 

The  Petition  of  Stephen  Prentiss,  a  convict  of  the  State  Prison,  was 
taken  up  and  read — and  the  question  was  put,  "  Shall  a  pardon  be  granted 
to  said  Stephen  ?"  which  was  determined  in  the  affirmative.  Yeas  12, 
Nays  0.  Those  who  voted  in  the  affirmative  are,  the  Lt.  Gov.  Messrs. 
Berry,  Chittenden,  Dana  of  O.  Dana  of  C.  Hatch,  Judd,  Phelps,  Pratt, 
ProctOr,  Stanley  &  Wetmore. 

The  Petitions  of  Hugh  Piatt,  J.  B.  Putvah,  Alfred  Prentiss,  John 
Rice  &  Joshua  N.  Rollins  were  severally  read,  &  ordered  to  lie.  The 
petition  of  Reuben  Rollins,  for  pardon,  *was  taken  up  &  read — where- 
upon, on  motion  of  the  Lt.  Gov.  Ordered,  that  said  petition  be  dismissed. 
The  Petition  of  Peter  N.  Quackenbush,  for  pardon,  was  taken  up  & 
read — whereupon,  on  motion  of  Mr  Phelps,  Ordered,  that  said  petition 
be  dismissed. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Gov.  &  Council  met  &c. 

The  Petition  of  Samuel  Elder  was  taken  up  &  read,  &  ordered  to  lie. 

Mr-  Phelps  moved  to  reconsider  the  vote  to  dismiss  the  Petition  of 
Chauncey  Beach,  for  pardon;  and  the  question  was  put  &  carried  in  the 
affirmative — and  the  Couucil  again  considered  said  petition — whereupon, 
on  motion  of  the  Lt.  Gov.  Ordered,  that  said  petition  be  dismissed. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 

"  In  Genl  Assembly  Oct.  14, 1822. 

Resolved,  the  Gov.  &  Council  concurring  herein,  that  the  members  of 
both  houses  meet  in  County  Conventions,  on  tuesday  next,  at  four 
o'clock  in  the  after  noon,  for  the  purpose  of  making  nominations  of 
County  officers;  and  that  they  meet  in  joint  committee  in  the  Repre- 
sentatives' room,  at  the  opening  of  the  house  on  Wednesday  morning 
next,  for  the  purpose  of  electing  such  officers" — which  was  read — 
whereupon,  Resolved  to  concur  in  passing  this  resolution — and  Ordered, 
that  the  Sec'y  notify  the  House  accordingly. 

The  Petition  of  Benj.  Smith,  for  pardon,  was  taken  up  &  read — 
whereupon,  on  motion  of  the  Lt.  Gov.  Ordered,  that  said  petition  be 
dismissed.  The  Petition  of  Jeremiah  Smith,  for  pardon,  was  taken  up 
&  read — whereupon,  on  motion  of  Mr-  Dana  of  O.  Ordered,  that  said 
petition  be  dismissed.  The  Petition  of  Geo.  Simmons,  for  pardon,  was 
taken  up  &  read — whereupon,  on  motion  of  the  Lt.  Gov.  Ordered,  that 
said  petition  be  dismissed. 

Adjourned  to  9  o'clock  to  morrow  morning.  , 


Tuesday  Oct.  15, 1822.    9  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

The  petition  of  Ruluf  Spaulding  was  taken  up,  read  &  ordered  to  lie. 

A  communication  was  received  from  the  Speaker  of  the  House,  in- 
forming the  Gov.  &  Council  that  the  House  have  concurred  in  the  pas- 
sage of  the  resolution  sent  down  by  the  Gov.  &  Council  to  raise  a  comee 
to  enquire  into  the  expediency  of  providing  by  law  that  persons  en- 
larged by  the  Executive  Council  under  the  pardoning  power,  shall  be  nev- 
ertheless incompetent  to  testify  in  Courts  of  Justice — and  that  Messrs. 
Royce,  Turner,  Barney  &  Converse  are  appointed  on  the  part  of  the 
House. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 

"  In  Genl  Assembly  Oct.  14, 1822. 

Resolved,  the  Gov.  &  Council  concurring  herein,  that  the  two  houses 
meet  in  joint  committee  on  thursday  next  in  the  Representatives'  room, 


8  Governor  and  Council — October  1822. 

at  ten  o'clock  in  the  forenoon,  for  the  purpose  of  electing  Judges  of  the 
Supreme  Court " — which  was  read — whereupon  Besolved,  to  concur  in 
passing  said  resolution — and  Ordered,  that  the  Secretary  notify  the 
House  accordingly. 

A  message  was  received  from  the  House,  informing  the  Gov.  &  Coun- 
cil that  agreeably  to  the  rules  of  the  House  they  have  appointed  the  fol- 
lowing standing  committees,  in  which  they  desire  the  Gov.  &  Council  to 
join,  to  wit:  A  committee  of  4  denominated  the  Comee  of  Ways  &  Means. 
A  committee  of  4  denominated  the  Military  Comee-  A  committee  of  4 
denominated  the  Judiciary  Comee-  A  committee  of  4  denominated  the 
Comee  of  Claims.  A  committee  of  4  denominated  the  Turnpike  Comee- 
A  committee  of  4  denominated  the  Comee  of  Insolvency.  A  committee 
of  4  denominated  the  Comee  of  Manufactures.  A  committee  of  4  de- 
nominated the  Comee  of  Agriculture.  A  committee  of  4  denominated 
the  Land  tax  Coruee-  A  committee  of  4  denominated  the  Comee  of  New 
Trials.  Whereupon,  Besolved  to  join  in  the  appointment  of  said  Com- 
mittees— and  Mr-  Dana  of  O.  was  appointed  on  the  Comee  of  Ways  & 
Means.  Mr-  Berry  was  appointed  on  the  Military  Comee-  Mr-  Wetmore 
was  appointed  on  the  Judiciary  Conaee-  Mr-  Stanley  was  appointed  on 
the  Comee  of  Claims.  The  Lt.  Gov.  was  appointed  on  the  Turnpike 
Comee-  Mr-  Dana  of  C.  was  appointed  on  the  Comee  of  Insolvency.  Mr- 
Judd  was  appointed  on  the  Comee  of  Manufactures.  Mr-  Chittenden  was 
appointed  on  the  Comee  of  Agriculture.  Mr-  Hatch  was  appointed  on  the 
Land  tax  Comee-    Mr-  Phelps  was  appointed  on  the  Comee  of  New  Trials. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 

"  In  Genl  Assembly  Oct.  12, 1822. 

Besolved,  the  Gov.  &  Council  concurring  herein,  that  the  Judiciary 
Committee  be  instructed  to  enquire  into  the  expediency  of  making  pro- 
vision by  statute,  that  the  Chief  Judge  of  the  County  Courts,  respec- 
tively, shall  perform  the  duties  of  Judge  of  Probate  in  the  Counties  in 
which  they  reside,  when  the  Executor  named  in  any  will  is  Judge  of 
Probate,  and  in  all  cases  where  the  Judge  of  Probate  is  an  heir,  or  en- 
titled to  letter  of  administration,  and  that  said  com"  report  by  bill  or 
otherwise  " — which  was  read — whereupon,  Besolved  to  concur  in  passing 
said  resolution. 

Received  from  the  House  a  bill  entitled  "  an  act  to  repeal  the  first  pro- 
viso in  the  first  section  of  an  act  therein  mentioned,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred1  to  the  Judiciary  Commit- 
tee— whereupon  Besolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  the  Petition  of  Alexander  Campbell,  with 
an  order  of  the  House  that  the  same  be  referred  to  the  Comee  of  New 
Trials — whereupon,  Besolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  the  Petition  of  sundry  inhabitants  of  Danby 
&  M**  Tabor,  with  an  order  of  the  House  thereon,  that  the  same  be  re- 
ferred to  the  Military  Committee — whereupon,  Besolved  to  concur  in 
said  order  of  reference. 

Received  from  the  House  the  Petitions  of  Mosely  Hall  &  others— of 
the  Green  Mountain  Turnpike  Co.  &  of  the  Inhabitants  of  Cornwall, 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
Turnpike  Committee — whereupon,  Besolved  to  concur  in  said  order  of 
reference. 

Received  from  the  House  the  Petitions  of  Stephen  Hunt — Thomas 
Kingsland — James  McLeran — Curtis  Bagley — and  Samuel  Mattocks, 
with  an  order  of  the  House  on  each,  that  the  same  be  referred  to  the 

x  Commonly  "  refered  "  in  the  record. 


Governor  and  Council — October  1822.  0 

Committee  of  Insolvency — whereupon,  Resolved  to  concur  in  said  orders 
of  reference. 

Received  from  the  House  the  Petitions  of  Joseph  N".  Jennison— Jon- 
athan Knowles — Calvin  Robinson — Wm-  C.  Ellsworth — and  Azariah 
Webb — 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  the  Petitions  of  sundry  inhabitants  of  West- 
field — of  Kellyvale  &  Kelly's  Grant — of  Morgan — of  Hydepark — of 
Mansfield — &  the  Remonstrance  of  N.  P.  Sawyer  against  the  petition 
from  Hydepark — with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  Land  tax  Committee,,  whereupon,  Resolved  to  concur  in 
said  orders  of  reference- 

Received  from  the  House  the  Petition  of  John  Atwood,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
Ways  &  Means,  whereupon,  Resolved  to  concur  in  said  order  of  refer- 
ence. 

Received  the  Petition  of  John  Jones  &  others,  with  an  order  of  the 
House  tjiereon,  that  the  same  be  referred  to  the  Committee  of  Manufac- 
tures— whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Received  the  petition  of  the  inhabitants  of  Concord,  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  a  committee  of  4  to  join 
from  Council — whereupon,  Resolved  to  concur  in  said  order  of  reference, 
and  Mr-  Phelps  was  appointed  from  Council. 

Received  the  Petition  of  Jonathan  Huntley  &  Lyman  Wellington — 
also  the  petition  of  Pliny  Doubleday — with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  a  committee  of  two  to  join  from  Coun- 
cil, whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Pratt  was  appointed  from  Council. 

Received  the  Petition  of  Elizabeth  Nightingale,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  2  to  join 
from  Council,  whereupon,  Resolved  to  concur  in  said  order  of  reference, 
and  the  Lt,  Gov.  was  appointed  from  Council. 

Received  the  Petition  of  Jeremiah  Kourse  &  others,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  committee  of  4  to  join 
from  Council — whereupon,  Resolved  to  concur  in  said  order  of  reference 
—and  Mr-  Chittenden  was  appointed  from  Council. 

Received  the  Petitions  of  Clark  Watson — of  sundry  inhabitants  of 
Groton— of  David  L.  Fowler-  &  of  Elihu  Smith,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  a  committee  of  2  to  join  from 
Council — whereupon,  Resolved  to  concur  in  said  orders  of  reference — 
and  Mr'  Proctor  was  appointed  from  douncil  on  each  of  said  petitions. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M—  The  Governor  &  Council  met  &c. 

The  Petition  of  John  Vevus,  for  pardon,  was  taken  up  &  read — 
whereupon,  on  motion  of  the  Lt.  Gov.  Ordered,  that  said  petition  be  dis- 
missed. The  Petitions  of  Thomas  Waters  —  John  Wilson  —  George 
Wheeler,  &  Thomas  Williams,  for  pardon,  were  severally  taken  up, 
read,  &  ordered  to  lie. 

Mr-  Phelps  asked  to  be  excused  from  serving  on  the  Committee  of 
New  Trials  whilst  the  petition  of  Alexander  Campbell  is  in  hearing — 
which  was  granted— and  Ordered,  that  Mr-  Hatch  be  appointed  on  said 
committee  whilst  said  petition  is  in  hearing. 

Adjourned  until  to-morrow  morning. 


10  Governor  and  Council — October  1822. 

Wednesday  Oct.  16,  1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Received  the  Petition  of  William  Brayton,  Ass4-  Judge  of  the  Supreme 
Court,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  Comee  of  4  to  join  from  Council — whereupon,  Resolved  to  concur  in 
said  order  of  reference — and  Mr-  Berry  was  appointed  from  Council. 

The  Gov.  &  Council  attended  in  the  House  of  Representatives  to 
make  County  appointments,  after  which  they  returned  to  the  Council 
Chamber. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Gov.  &  Council  met  &c. 

Received  the  Petitions  of  the  Passumpsick  Turnpike  Company — of 
the  Winooski  Turnpike  Company — &  of  sundry  inhabitants  of  Winhall 
— with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
Turnpike  Committee — whereupon,  Resolved  to  concur  in  said  order  of 
reference. 

Received  the  Petitions  of  Alvin  House — Samuel  Parker  &  others — 
Benj.  B.  Sargeant — John  Beckwith — William  Trumbull — James  Mack 
Constable  of  Windham — Thomas  Hooker — Samuel  Towesley,  Benjamin 
Brock  &  Horace  Evans,  together  with  the  accounts  of  Rufus  Moore  & 
Truman  Powell,  disallowed  by  the  Auditor  of  Accts.  against  the  State 
— and  a  bill  entitled  u  An  act  directing  the  Treasurer  to  pay  Jona-  Dike 
Jr.  the  sum  therein  mentioned  " — with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Committee  of  Claims — whereupon,  Re- 
solved to  concur  in  said  orders  of  reference. 

Received  the  Petition  of  Alex.  Sheldon  &  John  L.  Vorus,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
New  Trials,  whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  the  Petition  of  a  Comee  of  the  Baptist  Church 
in  Brandon — also,  the  petition  of  the  inhabitants  of  Glover — also,  a  bill 
entitled  "  an  act  in  addition  to  an  act  therein  mentioned  " — with  an  order 
of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary  Commit- 
tee— whereupon,  Resolved  to  concur  in  said  orders  of  reference. 

Received  the  Petitions  of  Levi  Beardsley — Samuel  Hopkins — Curtis 
Kelsey  Jr. — John  W.  Pitt  &  sundry  inhabitants  of  Bennington  Co.  in 
behalf  of  said  Pitt — Charles  Sweeney — Mason  Estabrooks — Jona-  Dike 
— Zenas  Warner — Noah  D.  Hart — Walter  Sessions  &  Sam1  Beardsley, 
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  Petitions  of  sundry  inhabitants  of  Kingston  [Granville] 
— of  Jay— of  Navy  [Charleston].— of  Brookline — of  Burke — of  the  pro- 
prietors of  Coventry — of  the  inhabitants  &  proprietors  of  Worcester — of 
the  inhabitants  of  Lunenburgh — of  the  towns  of  Groton,  Kirby,  Goshen 
— of  the  inhabitants  of  Newark,  &  of  the  proprietors  of  Craftsbury,  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Land  tax 
Committee — whereupon,  Resolved  to  concur  in  said  orders  of  reference. 

Received  the  Petitions  of  Martin  Snow  &  others  for  a  Rifle  company, 
and  of  Samuel  Cross  &  others,  with  an  order  of  the  House  on  each  that 
the  same  be  referred  to  the  Military  Committee — whereupon,  Resolved 
to  concur  in  said  orders  of  reference. 

Received  the  Petitions  of  Milo  W.  Kingsley  &  others,  of  Roswell  Ford 
&  of  sundry  inhabitants  of  Sunderland  in  his  behalf,  &  of  Mira  Billings, 
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. 


Governor  and  Council — October  1822.  11 

Received  the  Petitions  of  Charles  K.  Williams  &  others  for  a  Bank^at 
Rutland— &  of  Augustine  Clark  &  others  for  a  Bank  at  Danville — with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  a  committee 
of  5  to  join  from  Council— whereupon,  Resolved  to  concur  in  said  orders 
of  reference — and  Mr-  Pratt  was  appointed  from  Council  on  each  of  said 
petitions. 

Received  the  Petition  of  the  Trustees  of  Bradford  Academy,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  members  from 
Orange  County,  to  join  from  Council — whereupon,  Resolved  to  concur  in 
said  order  of  reference— and  Mr-  Dana  of  Orange  was  appointed  from 
Council. 

Received  the  Petition  of  Jedediah  Hyde,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  members  from  the  County  of 
Grand  Isle,  to  join  from  Council — whereupon,  Resolved  to  concur  in  said 
order  of  reference — and  Mr  Wetmore  was  appointed  from  Council. 

Received  the  Petition  of  Wra-  Hall  Jr.  &  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  2  to  join 
from  Council— whereupon,  Resolved  to  concur  in  said  order  of  reference 
— and  Mr  Proctor  was  appointed  from  Council. 

Received  from  the  House  a  bill  entitled  "  an  act  incorporating  and 
establishing  an  academy  in  Vergennes,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  2  to  join  from 
Council,  whereupon,  Resolved  to  concur  in  said  order  of  reference— and 
Mr-  Hatch  was  appointed  from  Council. 

Received  the  Petition  of  Nicanor  Needham,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  appointed  on 
the  petition  of  Lyman  Wellington  &  Jona>  Huntley — whereupon,  Re- 
solved to  concur  in  said  order  of  reference. 

Received  the  Petitions  of  Eliakim  H.  Johnson  &  others,  and  of  Joseph 
Culver,  with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  committee  on  the  petition  of  Clark  Watson — whereupon,  Resolved 
to  concur  in  said  order  of  reference. 

Received  the  Petition  of  the  Town  of  Newark,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  the  peti- 
tion of  the  inhabitants  of  Concord — whereupon,  Resolved,  to  concur  in 
said  order  of  reference. 

Received  the  Petition  of  sundry  inhabitants  of  Orange,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  2  to 
join  from  Council — whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence— and  the  Lt.  Governor  was  appointed  from  Council. 

Received  the  Petition  of  Nathan  Cook  &  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  2  to  join  from 
Council — whereupon,  Resolved  to  concur  in  said  order  of  reference — and 
Mr-  Chittenden  was  appointed  from  Council. 

Received  the  Petition  of  Samuel  Parsons,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  comee  on  the  petition  of  Na- 
than Cook  &  others,  whereupon,  Resolved  to  concur  in  said  order  of 
reference. 

Received  the  Petition  of  Elisha  W.  Parsons,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  consisting  of  a 
member  from  each  County,  to  join  from  Council — whereupon,  Resolved 
to  concur  in  said  order  of  reference — and  Mr-  Judd  was  appointed  from 
Council. 

Received  the  Petition  of  Elias  Keyes  &  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  the  peti- 
tion of  Elisha  W.  Parsons,  whereupon,  Resolved  to  concur  in  said  order 
of  reference. 


12  Governor  and  Council — October  1822. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  General  Assembly  Oct.  15, 1822.  Besolved,  that  a  committee  be 
appointed,  consisting  of  six  members  from  this  house,  to  join  from  Council, 
to  enquire  into  the  propriety  of  loaning  Capt.  Partridge,  of  Norwich,  a 
few  stands  of  arms,  &  one  or  more  pieces  of  ordnance,  and  report  by  bill 
or  otherwise  " — which  was  read — whereupon,  Besolved  to  concur  in  said 
resolution — and  Mr-  Berry  was  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  General  Assembly  Oct.  14,  1822.  Besolved,.  that  a  committee  of 
four  members  from  this  House,  to  join  from  Council,  be  appointed,  to 
take  into  consideration  the  expediency  of  revising  &  arranging  our  com- 
plicated statute  laws,  &  report  by  bill  or  otherwise  " — which  was  read — 
whereupon,  Besolved  to  concur  in  passing  said  resolution — and  Mr-  Wet- 
more  was  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Oct.  14,  1822.  Besolved,  that  the  Military 
Committee  be  instructed  to  enquire  into  the  expediency  of  so  amending 
the  militia  law  as  to  raise  the  rank  of  adjutant  to  that  of  captain,  and  to 
report  by  bill  or  otherwise  " — which  was  read — whereupon,  Besolved  to 
concur  in  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Oct.  12,  1822.  Besolved,  the  Governor  & 
Council  concurring  herein,  that  a  committee  be  raised,  consisting  of  one 
member  of  this  house  from  each  County  in  this  State,  to  join  such  com*6 
as  the  Council  shall  appoint,  to  enquire  whether  any,  and  what  alteration 
should  be  made  in  the  law  establishing  the  jurisdiction  of  justices  of  the 
peace — to  report  by  bill  or  otherwise  " — which  was  read — whereupon, 
Resolved  to  concur  in  passing  said  resolution — and  Mr-  Dana  of  Caledo- 
nia was  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  12, 1822.  Besolved,  the  Gov.  &  Council  con- 
curring herein,  that  a  committee  of  two  members  of  this  house  be  raised, 
to  join  from  Council,  to  enquire  into  the  expediency  of  passing  a  law  for 
the  appointment  of  inspectors  of  lumber  in  the  several  towns  in  this 
State,  &  regulate  their  duties;  to  report  by  bill  or  otherwise" — which 
was  read — whereupon,  Besolved  to  concur  in  passing  said  resolution — 
and  Mr-  Stanley  was  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  12, 1822;  Besolved,  the  Gov.  &  Council  con- 
curring herein,  that  a  committee  of  four  members  of  this  house  be 
raised,  to  join  from  Council,  to  enquire  into  the  expediency  of  passing  a 
law  for  the  appointment  of  inspectors  of  provisions,  for  exportation;  to 
report  by  bill  or  otherwise  " — which  was  read — whereupon,  Besolved  to 
concur  in  passing  said  resolution — and  Mr-  Dana  of  Orange  was  appointed 
from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  14, 1822.  Besolved,  that  the  Judiciary  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  empowering  the 
Supreme  &'  County  Courts  to  order  bail,  to  ensure  costs  of  prosecution 
pending  suit,  as  well  when  the  original  process  was  summons,  as  at- 
tachment " — which  was  read — whereupon,  Besolved  to  concur  in  passing 
said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  14, 1822.  Besolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Judiciary  Committee  be  instructed  to  enquire 
into  the  expediency  of  passing  an  act,  reducing  into  one  the  several  acts 
for  laying  out,  making,  repairing  and  clearing  highways,  and  make  such 


Governor  and  Council — October  1822.  13 

additions  &  alterations  therein  as  may  be  thought  proper  " — which  was 
read — whereupon,  Eesolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Oct.  11, 1822.  Eesolved,  that  the  Judiciary  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  so  amending  the 
law,  as  that  the  Supreme  &  County  Courts  may  appoint  committees  to 
lay  out  roads,  who  may  live  in  towns  other  than  those  adjoining  the 
town  through  which  such  road  may  be  contemplated  to  be  laid  " — which 
was  read — whereupon,  Eesolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  12, 1822.  Eesolved,  that  the  Judiciary  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  so  amending  the 
law  relating  to  bills  of  divorce  as  to  authorize  the  Supreme  Court  to 
grant  them  when  the  offence  is  committed  in  this  State,  although  both 
the  parties  should  not  reside  within  the  same  at  the  time  of  committing 
the  offence— to  report  by  bill  or  otherwise  " — which  was  read — where- 
upon, Eesolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  the  following  resolutions  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  14, 1822.  Eesolved,  the  Gov.  &  Council  con- 
curring herein,  that  those  parts  of  the  Governor's  speech  which  relate  to 
the  means  of  transportation  ;  the  law  of  1810  concerning  public  roads  ; 
and  the  law  relating  to  interest  and  the  practice  of  usury;  be  referred  to 
the  Judiciary  Committee. 

"  Eesolved,  the  Gov.  &  Council  concurring  herein,  that  the  part  of  the 
Governor's  speech  which  relates  to  the  fiscal  concerns  of  the  State,  & 
expenditures,  be  referred  to  the  Committee  of  Ways  &  Means. 

"  Eesolved,  the  Gov.  &  Council  concurring  herein,  that  the  part  of  the 
Governor's  speech  which  relates  to  banks  be  referred  to  the  committee 
raised  on  the  petition  of  C.  K.  Williams  &  others. 

'*  Eesolved,  the  Gov.  &  Council  concurring  herein,  that  the  part  of  the 
Governor's  speech  which  relates  to  manufactures  be  referred  to  the 
Comee  on  Manufactures. 

"  Eesolved,  the  Gov.  &  Council  concurring  herein,  that  the  part  of  the 
Governor's  speech  which  relates  to  the  relief  of  the  unfortunate,  acts  of 
suspension,  and  insolvency,  be  referred  to  the  Comee  of  Insolvency"— 
which  were  severally  read,  and  Eesolved  to  concur  in  passing  said  reso- 
lutions. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  15, 1822.  Eesolved,  the  Gov.  &  Council  con- 
curring herein,  that  His  Excellency  the  Gov.  be  requested  to  appoint 
Thursday  the  5th  day  of  December  next,  to  be  observed  as  a  day  of  thanks- 
giving and  praise  throughout  this  State  " — which  was  read — whereupon, 
Eesolved  to  concur  in  passing  this  resolution. 

The  Lt.  Governor  requested  to  be  discharged  from  the  Turnpike  Com- 
mittee; which  was  ordered  accordingly — and  Mr-  Proctor  was  appointed 
in  his  stead. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Thursday  Oct.  17, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  Lt.  Gov.  asked  to  be  excused  from  serving  on  the  committee  to 
whom  was  referred  the  petition  of  Elizabeth  Nightingale — whereupon, 
Ordered  that  the  Lt.  Gov.  be  discharged  from  said  committee  and  Mr- 
Phelps  appointed  in  his  stead. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  16, 1822.    Eesolved,  the  Gov.  &  Council  con- 


14  Governor  and  Council — October  1822. 

curring  herein,  that  the  Judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  providing  by  law  for  the  support  of  poor  prison- 
ers, confined  in  the  several  County  jails  in  this  State,  and  the  liberties 
thereof,  by  making  the  town  or  place  of  such  poor  person's  last  resi- 
dence &  abode  for days  at  or  previous  to  the  time  of  his  or  her  com- 
mitment, if  within  the  County  where  such  commitment  is  made,  directly 
liable  for  the  support  of  such  person  " — which  was  read — whereupon, 
Resolved  to  concur  in  passing  said  resolution. 

Received  from  the  House  of  Rep8  the  petition  of  Silas  Hathaway  for  a 
new  trial  in  an  action  in  favor  of  Heman  Allen  against  him,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  Comee  of  New 
Trials  to  consider  &  report  thereon — whereupon,  Resolved  to  concur  in 
said  order  of  reference — and  on  motion,  Ordered,  that  Mr-  Phelps  be  ex- 
cused from  serving  on  said  committee  during  the  hearing  of  this  peti- 
tion; and  Mr-  Berry  is  appointed  in  his  stead. 

The  Lt.  Governor  requested  to  be  excused  from  serving  on  the  com- 
mittee to  whom  was  referred  the  petition  of  sundry  inhabitants  of  Or- 
ange— whereupon.  Ordered,  that  the  Lt.  Gov.  be  discharged  from  said 
committee,  and  Mr-  Stanley  appointed  in  his  stead. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  16,  1822.  Resolved,  the  Governor  &  Council 
concurring  herein,  that  the  Judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  making  provision  by  statute  that  commissioners 
appointed  on  insolvent  estates  be  authorized  to  administer  oaths  to  wit- 
nesses and  parties  " — which  was  read — whereupon,  Resolved  to  concur  in 
passing  this  resolution. 

Received  the  Petitions  of  James  Henry  &  Geo.  Seaman— of  Alexan- 
der Leland— of  Lucius  Doolittle  &  Samuel  Ripley — and  of  Timothy  P. 
Bartholomew,  with  an  order  of  the  House  on  each  that  the  same  be  re- 
ferred to  the  Committee  of  Claims — whereupon,  Resolved  to  concur  in 
said  orders  of  reference. 

Received  the  Petition  of  Jona-  Barrett,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Manufactures 
— whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  the  Petition  of  the  light  Infantry  Company 
in  Cabot — also,  the  Report  of  the  Warden  of  the  State  prison— also,  the 
Report  of  the  Committee  appointed  to  take  Inventory  of  State  prison 
property — 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  Petitions  of  Elias  Keyes,  and  of  Jacob  Webster,  with  an 
order  of  the  House  on. each  that  the  same  be  referred  to  the  Committee 
of  New  Trials — whereupon,  Resolved  to  concur  in  said  orders  of  refer- 
ence. 

Received  the  Petition  of  P.  G.  Camp  &  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Military  Committee — 
whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Received  the  Petition  of  Joseph  Currier,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Comee  of  Insolvency— where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

Received  the  Petition  &  Remonstrance  of  sundry  inhabitants  of  Cov- 
entry, 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  Asa  Aldis  &  others  for  a  Bank,  with  an  order 
of  the  House  thereon  that  the  same  be*  referred  to  the  committee  on  the 


Governor  and  Council — October  1822.  15 

petition  of  Charles  K.  Williams  &  others— whereupon,  Besolved  to  con- 
cur in  said  order  of  reference. 

Received  the  Petition  of  the  Hinesburgh  literary  society,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  4 
to  join  from  Council.  Whereupon,  Besolved  to  concur  in  said  order  of 
reference,  and  Mr  Chittenden  was  appointed  from  Council. 

Received  the  Petition  of  Daniel  Elliot,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  the  petition  of 
Clark  Watson — whereupon,  Resolved  to  concur  in  said  order  of  reference. 

The  Council  resumed  the  consideration  of  the  petition  of  Hugh  Piatt, 
for  pardon,  whereupon,  on  motion  of  Mr  Dana  of  Orange,  Ordered,  that 
said  petition  be  dismissed. 

The  petition  of  Samuel  Thurston,  for  pardon,  was  taken  up  and  read, 
and  the  question  was  put,  ;'  Shall  a  pardon  be  granted  to  the  said  Samuel 
Thurston  ?"  which  was  determined  in  the  affirmative  as  follows — Those 
who  voted  in  the  affirmative  are  Messrs.  Berry,  Chittenden,  Judd,  Phelps 
&  Stanley — 5.  Those  who  voted  in  the  negative  are  Messrs.  Dana  of  O. 
Dana  of  Caledonia,  Pratt,  Proctor  &  Wetmore— 5.  The  Council  being 
equally  divided,  his  Excellency  the  Governor  gave  his  casting  vote  in 
the  affirmative. 

The  Petition  of  William  Annis,  for  pardon,  was  taken  up  &  read,  and  the 
question  was  put,  "  Shall  a  pardon  be  granted  the  said  William  ?"  which 
was  determined  in  the  negative— Yeas  3,  Nays  8.  Those  who  voted  in 
the  affirmative  are  Messrs.  Chittenden,  Hatch  &  Judd.  Those  who 
voted  in  the  negative  are  Messrs.  Berry,  Dana  of  O.  Dana  of  C.  Phelps, 
Pratt,  Proctor,  Stanley  &  Wetmore— so  it  was  Ordered,  that  said  peti- 
tion be  dismissed. 

The  petition  of  John  Bradley,  for  pardon,  was  taken  up  and  read — 
whereupon,  on  motion  of  Mr  Stanley,  Ordered  that  said  petition  be  dis- 
missed. 

The  Petition  of  Solomon  P.  Wheeler,  for  pardon,  was  taken  up  and 
read — whereupon,  on  motion  of  Mr  Dana  of  C.  Ordered,  that  said  peti- 
tion be  dismissed. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M—  The  Governor  &  Council  met  &c. 

The  Council  resumed  the  consideration  of  the  petition  of  Samuel 
Blackington — whereupon,  on  motion  of  Mr-  Dana  of  C.  Ordered,  that 
said  petition  be  dismissed. 

The  Petition  of  Lewis  Cambridge,  for  pardon,  was  taken  up  and  read, 
and  the  question  was  put,  "  Shall  a  pardon  be  granted  the  said  Lewis 
Cambridge  ?"  which  was  determined  in  the  affirmative — Yeas  11,  Nays 
0.  Those  who  voted  in  the  affirmative  are  Messrs.  Berry,  Chittenden, 
Dana  of  O.  Dana  of  C.  Hatch,  Judd,  Phelps,  Pratt,  Proctor,  Stanley  & 
Wetmore. 

The  Petition  of  John  Cully,  for  pardon,  was  taken  up  and  read,  and 
on  motion  of  Mr  Wetmore  the  question  was  put,  "  Shall  a  pardon  be 
granted  the  said  John  Cully,  upon  condition  that  he  leave  this  State 
within  twenty  days,  and  not  return  within  twenty  years  ?"  which  was 
determined  in  the  affirmative — Yeas  7,  Nays  4.  Those  who  voted  in  the 
affirmative  are  Messrs.  Berry,  Dana  ot  O.,  Hatch,  Judd,  Pratt,  Proctor 
&  Wetmore.  Those  who  voted  in  the  negative  are  Messrs.  Chittenden, 
Dana  of  C,  Phelps  &  Stanley. 

The  petition  of  Thomas  Davis,  for  pardon,  was  taken  up  and  read,  and 
on  motion  of  Mr-  Pratt  the  question  was  put,  "  Shall  a  pardon  be  granted 
the  said  Thomas  Davis,  upon  condition  that  he  leave  this  State  within 
twenty  days,  and  not  return  within  twenty  years  ?"  which  was  deter- 


16  Governor  and  Council — October  1822. 

mined  in  the  affirmative— Yeas  8,  Nays  3.  Those  who  voted  in*the 
affirmative  are  Messrs.  Berry,  Chittenden,  Dana  of  C.  Judd,  Phelps, 
Pratt,  Stanley  &  Wetmore.  Those  who  voted  in  the  negative  are  Messrs. 
Dana  of  O.  Hatch  &  Proctor. 

Mr-  Wetmore  moved  to  reconsider  the  vote 'dismissing  the  petition  of 
Caleb  B.  Cady,  for  pardon,  and  the  question  being  put,  "  Will  the  Coun- 
cil reconsider  said  vote  ?"  it  was  determined  in  the  affirmative — and  said 
petition  was  again  considered  by  the  Council.  Whereupon,  on  motion 
of  Mr-  Dana  of  C.  Ordered,  that  said  petition  be  dismissed. 

The  Council  resumed  the  consideration  of  [the  petition  of]  John 
Evans,  for  pardon,  and  the  question  was  put,  "  Shall  a  pardon  be 
granted  the  said  John  Evans  ?"  which  was  determined  in  the  affirm- 
ative as  follows.  Those  who  voted  in  the  affirmative  are  Messrs.  Berry, 
Chittenden,  Dana  of  C.  Judd  &  Wetmore — 5.  Those  who  voted  in  the 
negative  are  Messrs.  Dana  of  O.  Hatch,  Phelps,  Proctor  &  Stanley — 5. 
The  Council  being  equally  divided,  his  Excellency  the  Governor  gave 
his  casting  vote  in  the  affirmative.  Whereupon,  on  motion  of  Mr-  Wet- 
more, Resolved,  that  a  condition  be  annexed  to  said  pardon  that  said 
John  leave  this  State  within  twenty  days,  and  not  return  within  twenty 
years. 

The  Petition  of  George  Wheeler,  for  pardon,  was  taken  up  and  read 
— whereupon,  on  motion  of  Mr-  Dana  of  C.  Ordered,  that  said  petition  be 
dismissed.  The  Petition  of  John  Emerson,  for  pardon,  was  taken  up 
and  read — whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said 
petition  be  dismissed. 

Adjourned  to  9  o'clock  to  morrow  morning. 


Friday  Oct.  18, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  Council  resumed  the  consideration  of  the  petition  of  Asa  Cham- 
berlain, for  pardon,  and  the  question  was  put,  "  Shall  a  pardon  be  granted 
the  said  Asa  ?"  which  was  determined  in  the  affirmative — Yeas  9,  Nays 
3.  Those  who  voted  in  the  affirmative  are,  the  Lt.  Gov.  Messrs.  Berry, 
Chittenden,  Hatch,  Judd,  Phelps,  Pratt,  Proctor  &  Wetmore.  Those 
who  voted  in  the  negative  are  Messrs.  Dana  of  O.  Dana  of  C.  &  Stanley. 
Whereupon,  on  motion  of  Mr-  Pratt,  Resolved,  that  a  condition  be  an- 
nexed to  said  pardon,  that  the  said  Asa  leave  this  State  within  twenty 
days,  and  not  return  within  twenty  years. 

The  Petition  of  Hiram  Kezar,  for  pardon,  was  taken  up  and  read — and 
the  question  was  put,  "  Shall  a  pardon  be  granted  the  said  Hiram  ?" 
which  was  determined  in  the  affirmative  unanimously — yeas  12.  Those 
who  voted  in  the  affirmative  are,  the  Lt.  Gov.  Messrs.  Berry,  Chittenden, 
Dana  of  O.  Dana  of  C.  Hatch,  Judd,  Phelps,  Pratt,  Proctor,  Stanley  & 
Wetmore. 

The  Petition  of  John  Rice,  for  pardon,  was  taken  up  and  read,  and  the 
question  was  put,  "  Shall  a  pardon  be  granted  the  said  John  Rice  ?" 
which  was  determined  in  the  affirmative  unanimously.  Those  who 
voted  in  the  affirmative  are,  the  Lt.  Gov.  Messrs.  Berry,  Chittenden, 
Dana  of  O.  Dana  of  C.  Hatch,  Judd,  Phelps,  Pratt,  Proctor,  Stanley  & 
Wetmore. 

The  Petition  of  Elijah  Groomes,  for  pardon,  was  taken  up  and  read — 
whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said  petition  be 
dismissed.  The  Petition  of  D.  O.  Gould,  for  pardon,  was  taken  up  and 
read — whereupon,  on  motion  of  the  Lt.  Gov.  Ordered,  that  said  petition 
be  dismissed.    The  Petition  of  Thomas  Hendlen,  for  pardon,  was  taken 


Governor  and  Council — October  1822.  17 

up  &  read— whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said 
petition  be  dismissed.  The  petition  of  William  Johnson,  for  pardon,  was 
taken  up  &  read — whereupon,  on  motion  of  Mr-  Dana  of  Cal.  Ordered, 
that  said  petition  be  dismissed.  The  Petition  of  John  Ham,  for  pardon, 
was  taken  up  and  read — whereupon,  on  motion  of  Mr-  Dana  of  O.  Or- 
dered, that  said  petition  be  dismissed.  The  Petition  of  James  Jerman, 
for  pardon,  was  taken  up  and  read — whereupon,  on  motion  of  the  Lt. 
Gov.  Ordered,  that  said  petition  be  dismissed.  The  Petition  of  John 
Jones,  for  pardon,  was  taken  up  and  read — whereupon,  on  motion  of  Mr- 
Dana  of  O.  Ordered,  that  said  petition  be  dismissed.  The  Petition  of 
Horace  Kimball,  for  pardon,  was  taken  up  and  read — whereupon,  on  mo- 
tion of  the  Lt.  Gov.  Ordered,  that  said  petition  be  dismissed. 

The  Petition  of  Timothy  Morgan,  for  pardon,  was  taken  up  and  read, 
and  the  question  was  put,  "  Shall  a  pardon  be  granted  the  said  Timo- 
thy ?"  which  was  determined  in  the  affirmative — Yeas  7,  Nays  4.  Those 
who  voted  in  the  affirmative  are  Messrs.  Chittenden,  Dana  of  O.  Hatch, 
Judd,  Pratt,  Stanley  &  Wetmore.  Those  who  voted  in  the  negative  are, 
the  Lt.  Gov.  Messrs.  Berry,  Dana  of  C.  &  Proctor. 

The  Petition  of  J.  B.  Putvah,  for  pardon,  was  taken  up  and  read,  and 
the  question  was  put,  "Shall  a  pardon  be  granted  the  said  Putvah?"  which 
was  determined  in  the  affirmative  unanimously — Yeas  11.  Those  who 
voted  in  the  affirmative  are,  the  Lt.  Gov.  Messrs.  Berry,  Chittenden, 
Dana  of  O.  Dana  of  C.  Hatch,  Judd,  Pratt,  Proctor,  Stanley  &  Wetmore. 
Wherenpon,  on  motion  of  the  Lt.  Gov.  Resolved,  that  a  condition  be  an- 
nexed to  said  pardon,  that  the  said  J.  B.  Putvah  shall  leave  this  State 
within  twenty  days,  and  not  return  within  twenty  years. 

The  Petition  of  Alfred  Prentiss  was  taken  up  and  read — whereupon, 
on  motion  of  Mr  Dana  of  O.  Ordered,  that  said  petition  be  dismissed. 

The  Petition  of  Joshua  N .  Rollins,  for  pardon,  was  taken  up  and  read, 
and  the  question  was  put,  "  Shall  a  pardon  be  granted  the  said  Joshua?" 
which  was  determined  in  the  affirmative,  unanimously — Yeas  11.  Those 
who  voted  in  the  affirmative  are,  the  Lt.  Gov.  Messrs.  Berry,  Chitten- 
den, Dana  of  O.  Dana  of  C.  Hatch,  Judd,  Phelps,  Pratt,  Proctor,  Stanley 
&  Wetmore. 

Received  the  Petitions  of  Robert  Temple,  &  of  Job  Lyman — also,  the 
ace*-  of  Wm-  A.  Griswold  disallowed  by  the  Auditor  of  Accte-  ag*  the  State, 
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  the  petitions  of  Gilman  York — William  Allen,  and  Ephraim 
Knight,  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  1  Compy  of  light  Inf y  2  Reg.  1  Brig.  2  Div.  of 
Militia,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Military  Committee— whereupon,  Resolved  to  concur  in  said  order 
of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  annexing  the  town  of 
Woodbury  in  Caledonia  County  to  Washington  County,"  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  committee  on  the 
petition  of  Concord — whereupon,  Resolved  to  concur  in  said  order  of 
reference. 

Received  from  the  House  a  Communication  made  by  the  Gov.  on  the 
15  inst.  to  the  House,  transmitting  Resolutions  from  the  States  of  Mas- 
sachusetts, South  Carolina,  North  Carolina,  Kentucky,  &  Ohio,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  4 


18  Governor  and  Council — October  1822. 

to  join  from  Council.     Whereupon,  Resolved  to  concur  in  said  order  of 
reference,  and  Mr-  Hatch  was  appointed  from  Council. 

Received  the  petition  of  Jonathan  Fassett,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  4  to  join  from  Coun- 
cil. Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Pratt  was  appointed  from  Council. 

Received  the  petition  of  Polly  Black,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  4  to  join  from  Coun- 
cil. Whereupon,  Resolved,  to  concur  in  said  order  of  reference,  and  M> 
Phelps  was  appointed  from  Council. 

Received  the  Petition  of  George  W.  Rice,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  2  to  join  from  Coun- 
cil. Whereupon,  Resolved,  to  concur  in  said  order  of  reference,  and  Mr- 
Chittenden  was  appointed  from  Council. 

Received  the  petition  of  the  Inhabitants  of  Brookline,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  4  to 
join  from  Council.  Whereupon,  Resolved,  to  concur  in  said  order  of  ref- 
erence, and  Mr-  Judd  was  appointed  from  Council. 

Received  the  petition  of  Samuel  Arnold,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  4  to  join  from  Coun- 
cil. Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  the 
Lt.  Gov.  was  appointed  from  Council. 

Received  the  petition  of  sundry  inhabitants  of  Randolph,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  4 
to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of 
reference,  and  Mr-  Stanley  was  appointed  from  Council. 

Received  the  petition  of  sundry  inhabitants  of  Parkerstown,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  committee  of 
2  to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of 
reference,  and  Mr-  Proctor  was  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  General  Assembly  Oct.  16,  1822.  Resolved,  that  a  committee  of 
six  members  from  this  house,  to  join  from  Couccil,  be  appointed  to  en- 
quire into  the  propriety  of  appropriating  the  property  ot  the  Vermont 
State  Bank  for  the  support  of  common  schools,  and  report  by  bill  or  oth- 
erwise " — which  was  read — whereupon,  Resolved  to  concur  in  passing 
said  resolution,  and  Mr-  Dana  of  O.  was  appointed  from  Council. 

Received  from  the  House  the  Report  of  the  Superintendant  of  the 
State  prison — also,  a  bill  entitled  "  an  act  directing  the  Treasurer  to  pay 
Ed.  Simons,  Oliver  Farrar  &  William  Williams  the  sum  therein  men- 
tioned," 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  the  inhabitants  of  Hog  Island,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  members  from 
Grand  Isle  County,  to  join  from  Council.  Whereupon,  Resolved  to  con- 
cur in  said  order  of  reference,  and  Mr-  Wetmore  was  appointed  from 
Council. 

Received  the  petitions  of  sundry  inhabitants  of  Cambridge,  Belvidere 
&  Coit's  Gore,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  a  committee  of  4  to  join  from  Council.  Whereupon,  Resolved 
to  concur  in  said  order  of  reference,  and  Mr-  Dana  of  C.  was  appointed 
from  Council. 

Received  the  petition  of  sundry  inhabitants  of  Troy,  Jay  &  Westford — 
also,  The  petition  of  Park  Wood  &  others  to  annex  Parker's  Gore  to 
Sherburne — also  a  bill  entitled  M  an  act  annexing  a  part  of  the  township 


Governor  and  Council — October  1822.  19 

of  Stockbridge  &  Sherburne  to  Pittsfield,"  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  last  mentioned  committee — 
whereupon,  Resolved  to  concur  in  said  orders  of  reference. 

Received  the  Petition  of  the  Admr-  of  Levi  Walker— also,  a  bill  enti- 
tled "  an  act  for  the  relief  of  persons  imprisoned  for  debt."  with  an  order 
of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary  Com- 
mittee— whereupon,  Resolved  to  concur  in  said  orders  of  reference. 

Received  the  petitions  of  Francis  Ackley— of  the  Ex'rs  of  O.  Gallup — 
and  of  Benj.  Pratt,  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  Committee  of  New  Trials.  Whereupon,  Resolved  to  con- 
cur in  said  orders  of  reference. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  directing  the  Treasurer  to  pay  Lemuel  Whitney  the 
sura  therein  mentioned,"  which  was  read — whereupon,  Resolved  to  con- 
cur in  passing  this  bill.  Also,  "An  act  empowering  the  Supreme  Court 
to  appoint  a  committee  to  survey,  lay  out  and  alter  a  certain  road  therein 
mentioned,"  which  was  read — whereupon,  Resolved  to  concur  in  passing 
this  bill.  Ordered,  that  the  Sec'y  notify  the  House  of  the  passage  of  the 
two  last  mentioned  bills. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  &  Council  met  &c. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  directing  the  Treasurer  to  pay  Jonathan  Dike  Jr.  the 
sum  therein  mentioned,"  which  was  read — whereupon,  Resolved  to  con- 
cur in  passing  this  bill.  Ordered,  that  the  Sec'y  notify  the  House  ac- 
cordingly. 

Received  the  Petition  of  Martin  Roberts,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Military  Committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

The  Gov.  &  Council  attended  in  the  Representatives'  room  for  the 
purpose  of  electing  Judges  of  the  Supreme  Court — after  which  they  re- 
turned to  the  Council  Chamber.1 

The  Governor  laid  before  the  Council  a  communication  from  the  Ad- 
jutant &  Inspector  Gen1-  which  was  read — whereupon,  on  motion  of  Mr- 
Wetmore,  Ordered,  that  said  communication  be  referred  to  Messrs. 
Berry,  Dana  of  Cal.  &  Phelps,  to  consider  &  report  thereon. 

The  Council  resumed  the  consideration  of  the  petition  of  Ruluf 
Spaulding,  for  pardon,  which  was  read— and  the  question  was  put,  "Shall 
a  pardon  be  granted  to  said  Ruluf  Spaulding  ?"  which  was  determined 
in  the  affirmative — Yeas  8,  Nays  1.  Those  who  voted  in  the  affirmative 
are  Messrs.  Chittenden,  Dana  of  O.  Dana  of  C.  Hatch,  Judd,  Proctor, 
Stanley  &  Wetmore — Mr-  Pratt  voted  in  the  negative.  Whereupon,  on 
motion  of  Mr  Chittenden,  Resolved,  that  a  condition  be  annexed  to  said 
pardon,  that  the  said  Ruluf  leave  this  State  within  twenty  days,  &  not 
return  within  twenty  years. 

The  Council  resumed  the  consideration  of  the  petition  of  John  Wil- 
son, for  pardon,  which  was  read,  and  the  question  was  put,  "  Shall  a  par- 
don be  granted  the  said  John  Wilson  ?"  which  was  determined  in  the 
affirmative— Yeas  7,  Nays  2.  Those  who  voted  in  the  affirmative  are 
Messrs.  Chittenden,  Dana  *of  C.  Judd,  Phelps,  Pratt,  Stanley  &  Wet- 
more. Those  who  voted  in  the  negative  are  Messrs.  Dana  of  O.  & 
Hatch.     Whereupon,  on  motion  of  Mr-  Pratt,  Resolved,  that  a  condition 

1  The  judges  elected  Oct.  17  and  18  were  Cornelius  P.  Van  Ness,  Joel 
Doolittle,  and  Samuel  Prentiss.  Judge  Prentiss  declined  the  office,  and 
Charles  K.  Williams  was  elected. 


20  Governor  and  Council — October  1822. 

be  annexed  to  said  pardon,  that  the  «aid  John  leave  this  State  within 
twenty  days,  and  not  return  within  twenty  years. 

Received  from  the  House  the  petition  &  remonstrance  of  the  Directors 
of  the  Green  Mountain  Turnpike  Co.  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Turnpike  Committee.  Whereupon, 
Resolved  to  concur  in  said  order  of  reference.  The  House  sent  up  for 
revision  &  concurrence  &c.  an  engrossed  bill  entitled  "  An  act  authoriz- 
ing the  Green  Mountain  Turnpike  Company  to  resurvey  and  alter  their 
road,"  which  was  read,  and  Ordered  to  lie  on  the  table. 

Received  the  petition  of  Ezekiel  Austin,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  2  to  join  from  Coun- 
cil. Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Hatch  was  appointed  from  Council. 

Received  the  petition  of  the  Town  of  Rochester,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  4  to  join  from 
Council.  Whereupon,  Resolved  to  concur  in  said  order  of  reference, 
and  Mr-  Pratt  was  appointed  from  Council. 

Received  the  petition  of  Jeremiah  French  &  others,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  committee  of  4  to  join 
from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of  refer- 
ence, and  Mr-  Chittenden  was  appointed  from  Council. 

Received  the  petition  of  sundry  inhabitants  of  Shrewsbury,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  committee  of 
4  to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of 
reference,  and  Mr-  Dana  of  O.  was  appointed  from  Council. 

Received  the  petition  of  John  Love,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Claims.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

Received  the  Petition  of  Silas  Hathaway  v.  the  admr-  of  Zach.  Peaslee 
— also,  the  petition  of  Leonard  Deming — with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Committee  of  New  Trials.  Where- 
upon, Resolved  to  concur  in  said  orders  of  reference. 

Received  the  Petitions  of  the  Select  men  of  Cabot — and  of  Timothy 
Burton  &  others,  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. 

Adjourned  to  9  o'clock  to  morrow  morning. 


Saturday  Oct.  19, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Received  from  the  House  a  bill  entitled  "  an  act  in  addition  to  the  sev- 
eral acts  relating  to  highways,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Turnpike  Committee.  Whereupon,  Re- 
solved to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  General  Assembly  Oct.  18,  1822.  Resolved,  that  the  Judiciary 
Committee  be  instructed  to  enquire  into  the  expediency  of  passing  a  law 
establishing  a  uniform  system  for  the  support  of  schools  throughout  this 
State,  and  that  they  report  by  bill  or  otherwise  "—which  was  read- 
whereupon,  Resolved  to  concur  in  passing  said  resolution. 

Received  the  petition  of  the  Select  men  of  Middletown,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Comee  on  the  pe- 
tition of  Samuel  Arnold — whereupon,  Resolved  to  concur  in  said  order  of 
reference. 

Received  from  the  House  a  bill  entitled  "  an  act  annexing  the  town  of 
Morristown  in  Orleans  County  to  Washington  County,"  with  an  order 


Governor  and  Council — October  1822.  21 

of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  4  to 
join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence, and  Mr-  Judd  was  appointed  from  Council. 

Received  from  the  House  a  letter  communicated  by  the  Gov.  from  R. 
Whiley  of  N.  York  on  the  subject  of  arms,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Military  Committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  the  account  of  Thomas  Johnson,  which  has 
been  disallowed  by  the  Auditor  of  Accounts  ag*-  the  State— also,  a  bill 
entitled  "  an  act  directing  the  Treasurer  to  pay  Horace  Everett  the  sum 
therein  mentioned,"  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  Committee  of  Claims.  Whereupon,  Resolved  to  con- 
cur in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Oct.  18,  1822.  Resolved,  that  the  committee 
raised  on  the  resolution  of  Mr-  Haight,  relative  to  the  disposition  of  the 
State  bank  property  to  the  support  of  common  schools,  be  instructed  to 
enquire  into  the  expediency  of  granting  &  appropriating  so  much  of  said 
property  as  is  situated  in  the  Counties  of  Rutland  and  Addison,  or  is 
due  from  the  inhabitants  of  said  Counties,  as  shall  not  exceed  the  sum  of 
four  thousand  dollars,  to  the  use  &  benefit  of  the  Medical  Academy  in- 
corporated &  established  at  Castleton;  and  make  report  thereon  by  bill  or 
otherwise  " — which  was  read — whereupon,  Resolved  to  concur  in  pass- 
ing said  resolution. 

The  Council  resumed  consideration  of  the  engrossed  bill  entitled  "An 
act  authorizing  the  Green  Mountain  Turnpike  Company  to  resurvey  and 
alter  their  road"  — which  was  again  read.  Whereupon,  Resolved  to  con- 
cur in  passing  this  bill — and  Ordered,  that  the  Sec'y  notify  the  House 
accordingly. 

The  petition  of  Phebe  Mumford,  now  confined  in  the  gaol  at  Middle- 
bury,  convicted  Jan?  Term  1822  of  concealing  the  death  of  a  bastard 
child,  and  fined  fifty  dollars — that  said  fine  be  remitted — was  taken  up 
&  read,  and  the  question  was  put,  "  Shall  said  fine  be  remitted  ?"  which 
was  determined  in  the  affirmative. 

The  Governor  laid  before  the  Council  a  letter  from  the  Governor  Gen- 
eral of  Canada,  with  sundry  accompanying  papers,  whereupon  Mr- 
Phelps  introduced  the  following  resolution  :  "  In  Council  Oct.  19, 1822. 
Resolved,  that  an  enquiry  be  immediately  instituted  on  the  subject  of  the 
communications  from  the  Gov.  Gen1  of  Canada,  in  relation  to  certain  in- 
dividuals, citizens  of  this  State,  alledged  [alleged]  to  have  been  con- 
cerned in  forcibly  taking  the  property  of  a  subject  of  that  Government 
and  transporting  the  same  within  the  limits  of  this  State,  where  it  is  said 
to  be  still  detained — that  the  result  of  said  inquiry  may  be  laid  before 
the  President  of  the  United  States  " — which  was  read  &  ordered  to  lie 
on  the  table. 

Received  from  the  House  a  bill  entitled  "  an  act  to  continue  in  force 
an  act  incorporating  certain  persons  therein  mentioned  by  the  name  of 
the  Vermont  Mineral  factory  Company,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  of  Manufactures — 
whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Adjd  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  &  Council  met  &c. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Oct.  19,  1822.  Resolved,  that  the  committee 
raised  on  the  resolution  introduced  by  Mr  Haight  to  inquire  into  the  ex- 
pediency of  appropriating  the  property  of  the  Vermont  State  bank  to  the 


22  Governor  and  Council — October  1822. 

support  of  common  schools,  be  instructed  to  enquire  into  the  expediency 
of  appropriating  some  part  of  the  property  belonging  to  the  State  bank 
for  the  education  of  the  deaf  &  dumb,  residing  within  this  State,  and  re- 
port by  bill  or  otherwise" — which  was  read -whereupon,  Resolved  to 
concur  in  passing  this  resolution. 

Received  from  the  House  a  bill  entitled  "  an  act  giving  certain  pow- 
ers to  a  road  committee  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Turnpike  Committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  directing  the  Treas- 
urer to  credit  the  first  constable  of  the  town  of  Middletown  the  sum 
therein  mentioned,"  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  an  account  of 
Major  Hawley  &  others,  disallowed  by  the  Auditor  of  Accounts  against 
the  State — also,  a  bill  entitled  "  an  act  directing  the  Treasurer  of  this 
State  to  pay  Elihu  DeForest  the  sum  therein  mentioned,"  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  the  petition  of  the  select  men  of  London- 
derry— also,  a  bill  entitled  "  an  act  to  enable  Benjamin  Hall  to  hold  real 
estate,"  with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  Judiciary  Committee.  Whereupon,  Resolved  to  concur  in  said  or- 
ders of  reference. 

Adjourned  to  Monday  morning  next. 


Monday  Oct.  21, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Mr-  Wetmore,  on  leave,  introduced  a  bill  entitled  "  an  act  in  addition 
to  an  act  constituting  Probate  Courts  and  defining  their  powers,  and  reg- 
ulating the  settlement  of  testate  and  intestate  estates,  and  the  guardian- 
ship of  minors  &  insane  persons  "—which  was  read  &  referred  to  the 
Judiciary  Committee. 

Received  from  the  House  a  communication  made  by  the  Gov.  on  the 
19  inst.  transmitting  a  communication  from  the  Adj.  &  Inspector  Gen- 
eral on  the  subject  of  military  returns,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Military  Committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  relating  to  bastards 
and  bastardy  " — also,  a  bill  entitled  "  an  act  relating  to  pardons,"  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary 
committee.     Whereupon,  Resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  19, 1822.  Resolved,  that  the  committee  on 
the  subject  of  fees  and  salaries  be  instructed  to  enquire  into  the  propri- 
ety of  allowing  the  keepers  of  gaols  a  compensation  for  furnishing  fuel 
for  prisoners  confined  in  gaol,  and  report  by  bill  or  otherwise  " — which 
was  read.    Whereupon,  Resolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit  : 
"  In  Genl  Assembly  Oct.  19,  1822.  Resolved,  that  the  Committee  of 
Manufactures  be  directed  to  enquire  into  the  expediency  of  enacting  a 
law  exempting  the  artists  &  workmen,  while  employed  in  the  furnace 
at  Bennington,  from  military  duty,  and  to  report  by  bill  or  otherwise," 
which  was  read.  Whereupon,  Resolved  to  concur  in  passing  said  reso- 
lution. 


Governor  and  Council — October  1822.  23 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  General  Assembly  Oct.  19,  1822.  Resolved,  the  Gov.  &  Council 
concurring  herein,  that  the  Judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  regulating  tenders  by  statute,  where  there  is  a 
contract  for  the  payment  or  delivery  of  any  specific  article  or  articles  ; 
and  also,  to  provide  for  the  keeping  &  safety  of  all  such  article  or  arti- 
cles when  tendered  on  such  contracts,  when  no  person  appears  at  the 
time  &  place  specified  in  sd  contract  for  the  delivery  thereof,  who  is  au- 
thorized to  receive  the  same  "—which  was  read — whereupon,  Resolved 
to  concur  in  passing  said  resolution. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  laying  a  tax  of  three  cents  per  acre  on  lands  in  the 
town  of  Morgan,"  which  was  read — whereupon,  Resolved  to  concur  in 
passing  this  bill.  Also,  "An  act  authorizing  the  Superintendant  of  the 
Vermont  State  prison  to  dispose  of  the  waste  water  conveyed  to  the 
same,  on  certain  conditions,"  which  was  read — whereupon,  Resolved  to 
concur  in  passing  this  bill.  Also,  "An  act  directing  the  Treasurer  to 
pay  the  sum  therein  mentioned,"  which  was  read — whereupon,  Resolved 
to  concur  in  passing  this  bill.  Ordered,  that  the  Secretary  notify  the 
House  of  the  passage  of  the  three  bills  last  mentioned. 

The  petition  of  Thomas  Waters,  for  pardon,  was  taken  up  and  read — 
and  the  question  was  put,  "  Shall  a  pardon  be  granted  the  said  Thomas?" 
which  was  determined  in  the  affirmative— Yeas  5,  Nays  3.  Those  who 
voted  in  the  affirmative  are  Messrs.  Berry,  Judd,  Phelps,  Pratt  &  Wet- 
more.  Those  who  voted  in  the  negative  are,  Messrs.  Hatch,  Proctor  & 
Stanley. 

The  petition  of  Theodore  Staples,  for  pardon,  was  taken  up  and  read 
—whereupon,  on  motion  of  Mr-  Stanley,  Ordered,  that  said  petition  be 
dismissed. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  an  act  directing  the  Treasurer  to  pay  Alexander  Leland  the 
sum  therein  mentioned  " — which  was  read  &  ordered  to  lie  on  the  table. 
Also,  "An  act  directing  the  Treasurer  to  pay  James  Henry  and  George 
Seaman  the  sum  therein  mentioned  " — which  was  read  &  ordered  to  lie 
on  the  table.  Also,  "An  act  directing  the  Treasurer  to  pay  Asa  Knight 
the  sum  therein  mentioned  "—which  was  read  &  ordered  to  lie  on  the 
table.  Also,  "  An  act  for  the  relief  of  Samuel  Hopkins  " — which  was 
read  &  ordered  to  lie  on  the  table. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  &  Council  met  &c. 

The  petition  of  John  Barns,  for  pardon,  was  taken  up  and  read — 
whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said  petition  be 
dismissed.  The  petition  of  Thomas  Williams,  for  pardon,  was  taken  up 
and  read — whereupon,  on  motion  of  Mr-  Phelps,  Ordered,  that  said  peti- 
tion be  dismissed.  The  petition  of  Ira  Harrington,  for  pardon,  was 
taken  up  and  read— whereupon,  on  motion  of  Mr-  Wetmore,  Ordered, 
that  said  petition  be  dismissed. 

Mr-  Butler,  a  member  of  this  Council,  appeared,  took  &  subscribed  the 
affirmations  of  office,  and  took  his  seat. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  both  houses  meet  in  joint  committee  in  the  repre- 
sentatives' room,  to-morrow  at  10  o'clock  in  the  forenoon,  for  the  pur- 
pose of  electing  a  Warden  and  Superintendant  of  the  State's  prison  " — 
which  was  read.  Whereupon,  Resolved  to  concur  in  passing  said  reso- 
lution.    Ordered,  that  the  Sec'y  notify  the  House  accordingly. 


24  Governor  and  Council — October  1822. 

• 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21.  Resolved,  that  the  committee  raised  on 
Mr-  Haight's  resolution  relative  to  the  Vermont  State  bank  be  directed 
to  enquire  into  the  expediency  of  appropriating  the  property  of  said 
bank  for  the  purpose  of  arming  &  disciplining  the  militia  of  this  State, 
and  report  by  bill  or  otherwise  " — which  was  read — whereupon,  Resolved 
to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21, 1822.  Resolved,  that  the  Judiciary  com- 
mittee be  directed  to  enquire  into  the  propriety  of  appointing  a  reporter 
to  report  the  decisions  of  the  Supreme  Court  and  Court  of  Chancery 
within  this  State,  and  report  by  bill  or  otherwise,"  which  was  read — 
whereupon,  Resolved  to  concur  in  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Military  Committee  be  instructed  to  enquire 
into  the  expediency  of  authorizing  his  Excellency  the  Gov.  to  exchange 
with  the  officers  of  the  U.  States  ordnance  department  a  portion  of  the 
small  arms  due  this  State  from  the  U.  States  agreeably  to  the  act  of  Con- 
gress of  1808,  of  equivalent  value,  for  a  gun  carriage,  caisson,  &  harness, 
complete,  for  mounting  a  six  pounder  of  the  IT.  States  modern  pattern;  or 
whether  it  is  expedient  to  appropriate  a  sum  of  money  for  that  object," 
which  was  read — whereupon,  Resolved  to  concur  in  passing  said  resolu- 
tion. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Judiciary  Committee  be  instructed  to  enquire 
into  the  expediency  of  providing  by  law  for  taxing  the  property  of  non 
residents  in  school  districts,  for  the  erection  of  school  houses  in  said  dis- 
tricts; and  that  they  have  leave  to  report  by  bill  or  otherwise" — which 
was  read.     Whereupon,  Resolved  to  concur  in  passing  this  resolution. 

Received  from  the  House  a  communication  made  by  the  Governor, 
transmitting  a  letter  from  the  Gov.  of  Ohio,  on  the  subject  of  exchang- 
ing maps,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  a  committee  of  2  to  join  from  Council.  Whereupon,  Resolved  to  con- 
cur in  said  order  of  reference,  and  Mr-  Phelps  was  appointed  from  Coun- 
cil. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21, 1822.  Resolved,  that  the  committee  raised 
on  the  communication  of  the  Gov.  of  Ohio  be  directed  to  enquire  into 
the  expediency  of  providing  means  and  taking  measures  to  exchange 
maps  with  the  several  States  in  the  Union  " — which  was  read — where- 
upon, Resolved  to  concur  in  passing  this  resolution. 

Received  from  the  House  the  Memorial  of  the  Mayor  &c.  of  the  City 
of  Washington,  on  the  subject  of  lotteries  &c.  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  4  to  join  from  Coun- 
cil— whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Wetmore  was  appointed  from  Council. 

Received  from  the  House  a  communication  from  the  library  Commit- 
tee of  Congress  to  the  Gov.  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  2  to  join  from  Council.  Whereupon, 
Resolved  to  concur  in  said  order  of  reference,  and  Mr-  Hatch  was  ap- 
pointed from  Council. 

Received  the  petition  of  John  Reed,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  2  to  join  from  Coun- 
cil. Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Pratt  was  appointed  from  Council. 


Governor  and  Council — October  1822. 


zo 


Received  from  the  House  a  bill  entitled  "  an  act  directing  the  Treas- 
urer of  this  State  to  pay  Samuel  Towsley  the  sum  therein  mentioned," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  com- 
mittee of  3  to  join  from  Council.  Whereupon,  Resolved  to  concur  in 
said  order  of  reference,  and  Mr-  Judd  was  appointed  from  Council. 

Received  from  the  House  the  petition  of  David  Hubbard — also,  a  bill 
entitled  "  an  act  authorizing  the  Treasurer  to  pay  David  Hopkins  Jr.  the 
sum  therein  mentioned,"  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Comee  of  Claims— whereupon,  Resolved  to  concur 
in  said  orders  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  in  addition  to  the  sev- 
eral acts  relating  to  highways,"  with  an  order  of  the  House  thereon  that 
the  same  be  reterred  to  the  Judiciary  Committee — whereupon,  Resolved 
to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  incorporating  Hog 
Island  into  a  town  by  the  name  of  Elizabcthtown,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  to  whom  was 
referred  the  petition  from  the  inhabitants  of  Hog  Island— whereupon, 
Resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  to  continue  in  force  an  act  incorporating  certain  per- 
sons therein  named  by  the  name  of  the  Vermont  Mineral  factory  com- 
pany," which  was  read,  &  ordered  to  lie  on  the  table. 

The  Council  resumed  the  consideration  of  the  engrossed  bill  entitled 
"  An  act  directing  the  Treasurer  to  pay  James  Henry  &  George  Seaman 
the  sum  therein  mentioned,"  which  was  again  read— whereupon,  Re- 
solved to  concur  in  passing  this  bill.  Also,  "  An  act  directing  the  Treas- 
urer to  pay  Asa  Knight  the  sum  therein  mentioned,"  which  was  again 
read— whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "  An 
act  directing  the  Treasurer  to  pay  Alexander  Leland  the  sum  therein 
mentioned,"  which  was  again  read — whereupon,  Resolved  to  concur  in 
passing  this  bill.  Ordered,  that  the  Sec'y  notify  the  House  of  the  pas- 
sage of  the  three  bills  last  mentioned. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  laying  a  tax  of  two  cents  on  the  acre  on  lands  in  the 
town  of  Kirby,"  which  was  read.  Mr-  Wetmore  moved  to  amend  said 
bill  by  inserting  the  word  "pious  "  immediately  after  the  word  "  public  " 
— which  was  adopted.  Whereupon,  Resolved  to  concur  in  passin'g  said 
bill  with  the  amendment.  Ordered,  that  the  Sec'y  notify  the  House  ac- 
cordingly, &  request  their  concurrence  in  the  amendment. 
Adjourned  to  9  o'clock  to-morrow  morning. 


Tuesday  Oct.  22, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Oct.  21, 1822.  Resolved,  that  the  Judiciary  com- 
mittee be  instructed  to  enquire  into  the  propriety  of  passing  a  law  direct- 
ing listers  in  their  office  and  duty,  in  relation  to  taxing  public  lands,  and 
buildings  thereon  standing ;  and  report  by  bill  or  otherwise  " — which 
was  read — whereupon,  Resolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21, 1822.  Resolved,  that  the  Judiciary  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  passing  a  law  ex- 
empting from  mesne  process  and  final  execution,  unfinished  property  of 
mechanics,  to  a  certain  amount,  with  leave  to  report  by  bill  or  other- 


26  Governor  and  Council — October  1822. 

wise"— which  was  read — whereupon,  Resolved  to  concur  in  passing  this 
resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  21,  1822.  Resolved,  that  the  committee  on 
Manufactures  be  instructed  to  enquire  into  the  expediency  of  encour- 
aging the  making  and  refining  of  maple  sugar,  within  this  State,  by 
bounties  or  otherwise,  as  they  shall  think  proper  ;  and  repoit  by  bill  or 
otherwise  " — which  was  read — whereupon,  Resolved  to  concur  in  passing 
this  resolution. 

Received  the  petition  of  the  select  men  &  overseers  of  the  poor  of 
Northfield,  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  petition  of  Rob*-  Temple  with  the  report  of  the  Commit- 
tee of  Claims  thereon,  with  an  order  of  the  House  that  the  same  be  re- 
ferred to  the  Military  Committee.  Whereupon,  Resolved  to  concur  in 
said  order  of  reference. 

The  Gov.  &  Council  attended  in  the  Representatives'  room  for  the 
purpose  of  electing  a  Superintendant  of  the  State  prison  &c.  after  which 
they  returned  to  the  Council  chamber. * 

Received  from  the  House  a  bill  entitled  "  an  act  to  provide  for  the  re- 
survey  of  a  certain  road  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Turnpike  Committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

The  Council  resumed  the  consideration  of  the  engrossed  bill  entitled 
"  An  act  to  continue  in  force  an  act  incorporating  certain  persons  therein 
named  by  the  name  of  the  Vermont  Mineral  factory  Company,"  which 
was  again  read— whereupon,  Resolved  to  concur  in  passing  this  bill. 
The  House  sent  up  for  revision  and  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  annexing  a  part  of  the  town  of  Stockbridge  and  Sher- 
burne to  Pittsfield" — which  was  read — whereupon,  Resolved  to  concur 
in  passing  this  bill.  Ordered,  that  the  Secretary  notify  the  House  of  the 
passage  of  the  two  last  mentioned  bills. 

Mr-  Stanley  called  up  the  petition  of  sundry  militia  officers  of  Roxbury, 
Warren,  Waitsfield,  Fayston  &  Moretown,  for  a  new  Regiment,  which 
was  referred  from  the  last  session  of  the  Council — which  was  read — 
whereupon,  on  motion,  Ordered,  that  the  same  be  referred  to  the  com- 
mittee to  whom  was  referred  the  Communication  from  the  Adjutant  & 
Inspector  General  of  the  18  inst. 

Adjourned  to  2  o2clock  P.  M. 

2  p.  m.— Gov.  &  Council  met  &c.  and  adjourned  to  9  o'clock  to-mor- 
row morning. 


Wednesday  Oct.  23, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Received  from  the  House  the  petition  of  sundry  inhabitants  of  Ran- 
dolph «&c.  and  report  of  the  committee  thereon,  with  an  order  of  the 
House  that  the  same  be  re-committed.  Whereupon,  Resolved  to  concur 
in  said  order  of  re-commitment. 

Received  from  the  House  the  petition  of  Benjamin  Bancroft — also  the 
account  of  Geo.  W.  Drew,  disallowed  by  the  Auditor  of  Accounts  against 
the  State — also  a  bill  entitled  "  an  act  directing  the  Treasurer  to  pay 

^  Jabesh  Hunter  was  elected  Warden,  and  John  H.  Cotton  Superin- 
tendent. 


Governor  and  Council — October  1822.  27 

Nathan  Fuller  the  sum  therein  mentioned  " — with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  Committee  of  Claims.  Where- 
upon, Resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  22,  1822.  Resolved,  that  the  Committee  of 
Ways  &  Means  be  instructed  to  report  a  bill  providing  for  the  compen- 
sation of  the  Superintendant  of  the  State  prison  " — which  was  read — 
whereupon,  Resolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  22, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Committee  appointed  to  make  up  the  grand  list 
be  and  they  hereby  are  directed  to  place  to  the  lists  of  the  several  towns 
in  this  State,  the  same  sums,  as  the  valuation  of  their  lands,  houses  and 
house  lots,  mills  &c.  that  were  placed  to  such  towns  in  the  General  list 
of  this  State  for  the  year  1821,  after  deducting  for  losses  by  fire  or  oth- 
erwise as  returned  by  the  listers  the  present  year" — which  was  read  and 
referred  to  Messrs.  Wetmore,  Butler  &  Stanley,  to  consider  &  report 
thereon. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
11  In  Genl  Assembly  Oct.  22,  1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Judiciary  committee  be  instructed  to  inquire 
into  the  expediency  of  repealing  an  act  in  addition  to  an  act  entitled  an 
act  reducing  into  one  the  several  acts  for  laying  out,  making,  repairing 
and  clearing  highways,  passed  Nov.  15,  A.  D.  1820 — and  an  act  making 
further  provisions  for  opening  new  highways,  passed  Nov.  2,  1821  ;  as 
scruples  have  arisen  with  regard  to  the  constitutionality  of  the  aforesaid 
acts;  and  report  by  bill  or  otherwise" — which  was  read — whereupon, 
Resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  22,  1822.  Resolved,  that  the  Military  Com- 
mittee be  instructed  to  inquire  into  the  expediency  of  so  altering  the 
13th  section  of  the  Militia  law  of  1818  that  the  commanders  of  Regiments 
shall  have  power  to  fill  up  light  companies  from  such  standing  compa- 
nies in  their  regiments  as  they  may  think  proper  " — which  was  read- 
whereupon,  Resolved  to  concur  in  passing  this  resolution. 

Received  the  petition  of  Silas  N.  Eastman  &  others,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  Military  committee. 
Whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  declaring  the  Acad- 
emy in  Bradford  to  be  a  County  Grammar  School  in  the  County  of  Or- 
ange," with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  members  from  Orange  County  to  join  from  Council.  Whereupon, 
Resolved  to  concur  in  said  order  of  reference,  and  Mr-  Dana  of  O.  was 
appointed  from  the  Council. 

A  communication  was  received  from  the  Speaker  of  the  House  in- 
forming the  Gov.  &  Council  that  the  House  have  concurred  in  the 
amendments  proposed  by  the  Gov.  &  Council  to  the  bill  entitled  "An 
act  laying  a  tax  of  two  cents  on  the  acre  on  the  land  in  the  town  of 
Kirby." 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  for  annexing  Hyde's  Island  to  the  town  of  North 
Hero,"  which  was  read— whereupon,  Resolved  to  concur  in  passing  this 
bill.  Also,  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the 
township  of  Kingston,"  [Granville,]  which  was  read — whereupon,  Re- 
solved to  concur  in  passing  this  bill.  Also,  "An  act  laying  a  tax  of  three 
cents  per  acre  on  the  town  of  Groton  in  the  County  of  Caledonia " — 
which  was  read,  whereupon,  Resolved  to  concur  in  passing  this  bill. 


28  Governor  and  Council — October  1822. 

Also,  "An  act  establishing  and  incorporating  an  Academy  in  Yergennes  " 
— which  was  read.  Mr-  Pratt  moved  an  amendment  by  inserting  the 
word  "  dollars  "  after  the  word  "  thousand  n  in  the  4th  section — which 
was  adopted.  Whereupon,  Resolved  to  concur  in  passing  this  bill  with 
the  proposed  amendment.  Ordered,  that  the  Sec'y  notify  the  House  of 
the  passage  of  the  4  last  mentioned  bills,  and  request  their  concurrence 
in  the  last  mentioned  amendment. 

Mr-  Stanley  called  up  the  petition  of  the  officers  &  soldiers  of  the  9th 
Company,  3  Reg.  3  Brig.  4  Div.  to  be  transferred  to  5  Reg.  2  Brig,  of  4 
Div.  and  on  motion,  Ordered,  that  the  same  be  referred  to  the  Commit- 
tee to  whom  was  referred  the  communication  of  the  Adjutant  &  Inspec- 
tor Gen1  of  the  18  inst. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Gov.  &  Council  met  &c. 

Received  from  the  House  a  bill  entitled  "  an  act  directing  the  Treas- 
urer of  the  County  of  Windsor  to  credit  Rhodolphus  Brown,  first  consta- 
ble of  Sharon,  the  sum  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  members  from  the  County  of 
Windsor  to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said 
order  of  reference,  and  Mr-  Hatch  was  appointed  from  Council.  Also, 
received  a  bijl  entitled  "  an  act  directing  the  Treasurer  of  Windsor 
County  to  credit  Daniel  Ashcroft  the  sum  therein  mentioned,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  last  men- 
tioned Committee.  Whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Thursday  Oct.  24, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Received  from  the  House  the  petition  of  sundry  inhabitants  of  Weston 
— also,  a  bill  entitled  "  an  act  granting  the  right  of  representation  to  the 
town  of  West  Fairlee,"  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Committee  to  wl}om  was  referred  the  petition 
from  Brookline — whereupon,  Resolved  to  concur  in  said  orders  of  refer- 
ence. 

Received  from  the  House  the  petition  of  the  widow  and  heirs  of  Abel 
Fisk— also,  a  bill  entitled  "an  act  authorizing  the  Supreme  Court  to 
grant  Polly  Black  a  bill  of  Divorce,"  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Judiciary  Committee.  Whereupon, 
Resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
"  In  Genl  Assembly  Oct.  23, 1822.  Resolved,  that  the  Judiciary  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  passing  an  act 
explanatory  of  the  48th  section  of  an  act  constituting  the  Supreme  Court 
of  Judicature  &  County  Courts,  defining  their  powers  and  regulating 
iudicial  proceedings"— providing  that  suits  shall  not  be  sustained  by 
persons  not  actual  inhabitants  ot  this  State  against  any  person  being  an 
inhabitant  of  this  State,  in  any  other  County  except  in  the  County  in 
which  the  Deft,  shall  live  " — which  was  read — whereupon,  Resolved  to 
concur  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
"  In  General  Assembly  Oct.  23, 1822.  Resolved,  that  the  Judiciary  com- 
mittee be  instructed  to  enquire  into  the  propriety  of  authorizing  all  reg- 
ular ordained  ministers  of  the  gospel  to  solemnize  marriages  in  any 
county  in  this  State;  and  report  by  bill  or  otherwise" — which  was  read 
—whereupon,  Resolved  to  concur  in  passing  this  resolution. 


Governor  and  Council — October  1822.  29 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit  : 
"  In  General  Assembly  Oct.  23,  1822.  Resolved,  the  Gov.  &  Council 
concurring  herein,  that  the  Judiciary  committee  be  instructed  to  enquire 
into  the  expediency  of  authorizing  the  Supreme  Court  in  their  discre- 
tion to  allow  claims  against  the  State  for  pursuing  &  bringing  to  jus- 
tice persons  guilty  of  felony,  other  than  such  claims  as  are  provided  for 
in  the  several  items  contained  in  the  fee  bill  "—which  was  read — where- 
upon, Resolved  to  concur  in  passing  this  resolution. 

Received  from  the  House  a  bill  entitled  "  an  act  for  the  relief  of  Jo- 
seph Culver,"  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  a  committee  of  4  to  join  from  Council.  Whereupon,  Resolved 
to  concur  in  said  order  of  reference,  and  Mr-  Stanley  was  appointed  from 
Council. 

Received  from  the  House  a  bill  entitled  "  an  act  repealing  an  act 
therein  mentioned,"  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  the  committee  on  the  petition  of  Elisha  W.  Parsons  & 
others.    Whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  in  addition  to  an  act 
entitled  an  act  to  lay  out  a  road  from  Chelsea  &c.  to  Bradford  &c."  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  a  commit- 
tee of  2  to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said 
order  of  reference,  and  Mr-  Pratt  was  appointed  from  Council. 

Received  from  the  House  a  bill  entitled  "  an  act  annexing  a  part  of 
the  town  of  Waitsfield  to  the  town  of  Northfield,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  the  peti- 
tion of  the  inhabitants  of  Concord — whereupon,  Resolved  to  concur  in 
said  order  of  reference. 

Received  the  petition  of  Benjamin  Pratt,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  New  Trials — 
whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  directing  the  Treas- 
urer to  pay  Israel  P.  Richardson  the  sum  therein  mentioned  " — also,  "an 
act  directing  the  Treasurer  to  pay  David  Morse  the  sum  therein  men- 
tioned " — also,  "  an  act  directing  the  Treasurer  to  pay  Job  Lyman  the 
sum  therein  mentioned  " — 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  the  petition  of  Marcus  Allen,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Military  Committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  to  repeal  the  first  pro- 
viso in  the  first  section  of  an  act  therein  mentioned,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  committee  on  Mr 
Robinson's  resolution  relating  to  the  subject  of  this  bill — whereupon,  Re- 
solved to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  for  the  relief  of  Pren- 
tiss Bugbee,"  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Committee  of  Insolvency — whereupon,  Resolved  to  concur 
in  said  order  of  reference. 

Received  from  the  House  the  petition  of  Mason  Easterbrooks,  &  the 
report  of  the  committee,  with  an  order  of  the  House  thereon  that  the 
same  be  recommitted  to  the  Committee  of  Insolvency.  Whereupon, 
Resolved  to  concur  in  said  order  of  recommitment. 

Benjamin  Swan  Esq.  Treasurer  of  this  Slate,  appeared  in  Council,  and 
presented  a  bond  in  due  form,  for  the  faithful  discharge  of  the  duties  of 
his  office,  dated  the  15  Oct.  inst.  signed  by  Elias  Keyes  and  James  H. 
Laugdon  as  sureties— which  bond  was  approved  by  the  Council,  and  the 


30  Governor  and  Council — October  1822. 

oaths  of  office  were  administered  to  the  said  Benjamin,  by  the  Governor, 
in  the  presence  of  the  Council. 

Mr-  Stanley  moved  that  the  vote  dismissing  the  petition  of  William 
Annis,  for  pardon,  be  reconsidered — and  the  question  being  put  on  said 
motion,  it  was  determined  in  the  affirmative — and  said  petition  was 
again  taken  up  &  considered,  and  ordered  to  lie  on  the  table. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  for  compensating  the  Superintendant  of  the  Vermont 
State  prison  " — which  was  read — whereupon,  Resolved  to  concur  in  pass- 
ing this  bill.  Also,  "An  act  directing  the  Treasurer  of  this  State  to  pay 
Horace  Everett  the  sum  therein  mentioned,"  which  was  read — where- 
upon, Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y 
notify  the  House  of  the  passage  of  the  two  last  mentioned  bills. 

The  House  also  sent  up  for  concurrence  an  engrossed  bill  entitled 
M  An  act  for  the  relief  of  Peter  Cook,"  which  was  read,  &  ordered  to  lie 
on  the  table.  Also,  "  An  act  for  the  relief  of  Elihu  Smith,"  which  was 
read,  &  ordered  to  lie  on  the  table.  Also,  "An  act  directing  the  Treas- 
urer to  pay  Martin  Roberts  the  sum  therein  mentioned,"  which  was 
read,  and  ordered  to  lie  on  the  table.  Also,  "  An  act  for  the  relief  of 
David  L.  Fowles,"  which  was  read,  and  ordered  to  lie  on  the  table.  Also, 
"An  act  appropriating  the  State  tax  in  the  town  of  Londonderry  in  the 
County  of  Windham,  on  the  grand  list  of  1822,  for  the  purpose  of  repair- 
ing roads  and  building  bridges  in  said  town,"  which  was  read,  and  or- 
dered to  lie  on  the  table. 

The  petition  of  Harvey  Medcalf,  for  pardon,  was  taken  up  and  read — 
whereupon,  on  motion  of  Mr-  Butler,  Ordered,  that  said  petition  be  dis- 
missed. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Gov.  &  Council  met  &c. 

The  House  sent  up  the  following  resolution,,  of  this  date,  for  concur- 
rence, to  wit:  "  Resolved,  the  Gov.  &  Council  concurring  herein,  that  the 
two  houses  meet  in  joint  committee  in  the  representatives'  room,  at 
three  o'clock  in  the  afternoon  of  this  day,  for  the  purpose  of  electing  six 
Trustees  of  the  University  of  Vermont,  to  supply  the  place  of  John 
Pomeroy,  Truman  Chittenden,  Heman  Allen,  Jabez  Penniman,  and 
Samuel  Hickok,  whose  terms  of  office  will  expire  on  the  last  day  of 
November  next,  and  of  the  Rev.  Daniel  Haskell,  who  has  resigned  his 
office  " } — which  was  read — whereupon,  Resolved  to  concur  in  passing 
this  resolution.     Ordered,  that  the  Sec'y  notify  the  House  accordingly. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "  An  act 
appropriating  the  State  tax  in  the  town  of  Londonderry  in  the  County 
of  Windham,  on  the  Grand  list  of  1822,  for  the  purpose  of  repairing 
roads  and  building  bridges  in  said  town " — which  was  again  read — 
whereupon,  on  motion  of  Mr-  Wetmore,  Resolved  to  non  concur  in  pass- 
ing this  bill — Yeas  12,  Nays  0.  Those  who  voted  in  the  affirmative  are 
Messrs.  Berry,  Butler,  Chittenden,  Dana  of  O.  Dana  of  C.  Hatch,  Judd, 
Phelps,  Pratt,  Proctor,  Stanley  &  Wetmore.  Mr-  Butler  was  appointed 
to  report  reasons  &c. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "  An  act 
for  the  relief  of  Samuel  Hopkins  " — which  was  again  read,  and  ordered 
to  lie  on  the  table. 

Adjourned  to  9  o'clock  to-morrow  morning. 

1  Heman  Allen  of  Milton,  Truman  Chittenden,  Rev.  Rufus  W.  Bailey, 
D.  Azro  A.  Buck,  Daniel  Kellogg,  and  Enoch  D.  Woodbridge  were 
elected. 


Governor  and  Council — October  1822.  81 

Friday  Oct.  25, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
"  In  General  Assembly  Oct.  24, 1822.  Resolved,  the  Gov.  &  Council 
concurring  herein,  that  both  houses  meet  in  joint  committee  in  the  rep- 
resentatives' room,  at  ten  o'clock  to-morrow  morning,  for  the  purpose  of 
electing  a  Major  General  in  the  4th  Division,  and  a  Brig.  General  in  the 
3d  brigade  &  3  division  of  militia  of  this  State — also  to  elect  a  Surveyor 
General,  and  an  Auditor  of  Accounts  against  the  State,  for  the  year  ensu- 
ing." Which  was  read — whereupon,  Resolved  to  concur  in  passing  this 
resolution.     Ordered,  that  the  Sec'y  notify  the  House  accordingly.1 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
"In  Genl  Assembly  Oct.  24,  1822.  Resolved,  that  the  Judiciary  com- 
mittee be  instructed  to  inquire  into  the  expediency  of  providing  by  law 
for  the  removal  of  Guardians  appointed  by  virtue  of  the  14  Sec.  of  an 
act  entitled  "  An  act  defining  what  shall  be  deemed  a  legal  settlement 
&c.  passed  3  March  1797,  and  of  providing  for  the  manner  in  which  such 
guardians  shall  render  their  accounts  " — which  was  read — whereupon, 
Resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  resolution  of  the  19th  inst.  instructing  the  Ju- 
diciary committee  on  the  subject  of  tenders  on  contracts  for  the  delivery 
of  specific  articles,  &  the  report  of  the  committee  thereon,  with  an  order 
of  the  House  that  the  same  be  re-committed.  Whereupon,  Resolved 
to  concur  in  said  order  of  re-commitment. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
"  In  Genl  Assembly  Oct.  24, 1822.  Resolved,  that  the  Military  commit- 
tee be  instructed  to  inquire  into  the  expediency  of  making  provision  by 
law,  whereby  the  militia  in  the  several  towns  in  this  State  may  be  accom- 
modated with  suitable  parade  ground  to  perform  the  duties  required  by 
law,  for  the  militia  annually  to  perform  " — which  was  read — whereupon, 
Resolved  to  concur  in  passing  this  resolution. 

.Received  from  the  House  a  bill  entitled  "  an  act  in  addition  to  &  alter- 
ation of  an  act  entitled  an  act  regulating  &  governing  the  militia  of  this 
Stale,"  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  a  bill  entitled  "  an  act  laying  a  tax  of  four 
cents  per  acre  on  the  town  of  Goshen,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  land  tax  committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

A  communication  was  received  from  the  Speaker  of  the  House  in- 
forming the  Gov.  &  Council  that  the  House  have  concurred  in  the  amend- 
ment proposed  to  the  bill  entitled  **  an  act  establishing  &  incorporating 
an  academy  in  Vergennes." 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  in  addition  to  an  act  constituting  the  Supreme  Court  of 
Judicature  &  County  Courts,  defining  their  powers  and  regulating  judi- 
cial proceedings,"  which  was  read.  Whereupon,  Resolved  to  concur  in 
passing  this  bill.  Also,  "An  act  directing  the  Treasurer  of  this  State  to 
pay  William  A.  Griswold  the  sum  therein  mentioned  " — which  was  read 
— whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "An  act 
laying  a  tax  of  four  cents  per  acre  on  the  town  of  Coventry,"  which  was 

1  Joseph  Edson  was  elected  Major  General,  Samuel  Fairbanks  Briga- 
dier General,  Norman  Williams  Auditor  of  Accounts,  and  Alden  Part- 
ridge Surveyor  General. 


32  Governor  and  Council — October  1822. 

read,  whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "An  act 
directing  the  Treasurer  to  pay  Thomas  Johnson  the  sum  therein  men- 
tioned " — which  was  read,  whereupon,  Resolved  to  concur  in  passing  this 
bill.  Also,  "An  act  to  provide  for  the  resurvey  of  a  certain  road  therein 
mentioned,"  which  was  read,  whereupon,  Resolved  to  concur  in  passing 
this  bill.  Also,  "  An  act  directing  the  Treasurer  to  credit  the  first  con- 
stable of  the  town  of  Maidstone  the  sum  therein  mentioned,"  which  was 
read — whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "An 
act  relating  to  pardons,"  which  was  read.— Mr-  Phelps  moved  to  propose 
an  amendment  to  the  title  of  said  bill  by  striking  out  the  word  "par- 
dons "  and  insert  in  lieu  thereof  the  words  "  the  discharge  of  convicts 
in  the  state  prison  " — which  was  adopted — whereupon,  Resolved  to  con- 
cur in  passing  said  bill  with  the  proposed  amendment.  Ordered,  that 
the  Sec'y  notify  the  House  of  the  passage  of  the  7  bills  last  mentioned, 
&  request  their  concurrence  in  the  last  mentioned  amendment. 

Mr-  Butler  reported  the  following  reasons  for  nou  concurring  the  bill 
entitled  "  An  act  appropriating  the  State  tax  in  the  town  of  London- 
derry in  the  County  of  Windham  on  the  grand  list  of  1822  for  the  pur- 
pose of  repairing  roads  and  building  bridges  in  said  town,"  to  wit:  First. 
— Because  to  make  &  maintain  the  roads  in  one  town  at  the  expence  of 
the  whole  State,  while  all  other  towns  are  left  to  make  &  maintain  their 
own,  is  unequal  &  unjust.  It  is  believed  that  the  State  have  never  before 
in  this  way  undertaken  to  relieve  any  town  from  inconveniences  of  a 
natural  kind  under  which  it  might  labor  in  making  &  supporting  high- 
ways. The  principle  embraced  in  the  bill  is  considered  to  be  new  and 
dangerous.  Second. — Because  the  inhabitants  of  each  town  have  always 
been,  and  are  still  by  general  laws,  compelled  to  make  &  maintain  their 
own  roads;  and  they  ordinarily  receive  a  full  compensation  for  the  ex- 
pence  in  the  rise  of  their  real  estate,  &  the  additional  conveniences  they 
enjoy  "—which  .were  read  and  adopted,  and  Ordered,  that  the  Sec'y  re- 
turn said  bill  to  the  House  of  representatives,  with  the  reasons  aforesaid. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Gov.  &  Council  met  &c. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  directing  the  Treasurer  to  pay  Martin  Roberts  the  sum 
therein  mentioned,"  which  was  read — whereupon,  Resolved  to  concur  in 
passing  this  bill.  Also,  "  An  act  for  the  relief  of  Elihu  Smith,"  which 
was  read— whereupon,  Resolved  to  concur  in  passing  this  bill.  The 
Council  resumed  the  consideration  of  the  bill  entitled  "  An  act  author- 
izing the  light  infantry  company  in  the  2d  Reg*- 1  Brig.  &  2d  Div.  to  en- 
list from  the  standing  companies,"  which  was  again  read— whereupon, 
Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y  notify 
the  House  of  the  passage  of  the  three  bills  last  mentioned. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "  An  act 
for  the  relief  of  Samuel  Hopkins,"  which  was  again  read — whereupon, 
on  motion  of  Mr  Wetmore,  Resolved  to  non  concur  in  passing  this  bill, 
and  Mr-  Wetmore  was  appointed  to  report  reasons  for  the  non  concur- 
rence of  the  Gov.  &  Council,  who  forthwith  reported  the  following,  to 
wit :  "  The  Gov.  &  Council  are  advised  that  the  said  Samuel  Hopkins 
has  executed  several  gaol  bonds  to  the  gaoler  in  due  form,  thereby  giv- 
ing the  said  Samuel  the  liberties  of  the  Gaol  yard;  and  that  said  Samuel 
is  now  in  the  liberties.  The  Gov.  &  Council  are  of  opinion  that  the 
principle  of  the  bill  takes  from  the  Gaoler  &  creditors  their  remedy  on 
said  Gaol  bonds,  thereby  impairing  the  obligation  of  the  contract  entered 
into  by  the  said  Samuel  Hopkins  on  executing  said  bond — which  is  re- 
pugnant to  the  first  article  of  the  10  Sec.  of  the  Constitution  of  the  U. 


Governor  and  Council — Octoher  1822.  33 

States  " — which  was  read  &  adopted  as  the  reasons  of  Council,  and  Or- 
dered, that  the  Sec'y  return  said  bill,  together  with  the  reasons  aforesd» 
to  the  House  of  Representatives. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  for  the  relief  of  Peter  Cook,"  which  was  read.  Mr- 
Dana  of  O.  moved  that  the  Council  do  non  concur  in  passing  this  bill — 
and  the  question  being  put,  was  determined  in  the  negative — Yeas  4, 
Nays  6.  Those  who  voted  in  the  affirmative  are  Messrs.  Berry,  Butler, 
Dana  of  O.  &  Wetmore.  Those  who  voted  in  the  negative  are  Messrs. 
Chittenden,  Dana  of  C.  Judd,  Phelps,  Proctor  &  Stanley.  Whereupon, 
Resolved  to  concur  in  passing  this  bill — Yeas  6,  Nays  5.  Those  who  voted 
in  the  affirmative  are  Messrs.  Chittenden,  Dana  of  C.  Judd,  Phelps,  Proc- 
tor &  Stanley.  Those  who  voted  in  the  negative  are  Messrs.  Berry,  But- 
ler, Dana  of  O.  Pratt  &  Wetmore.  Ordered,  that  the  Sec'y  notify  the 
House  accordingly. 

The  House  also  sent  up  for  revision  &c.  "  An  act  for  the  relief  of  Da- 
vid L.  Fowls,"  which  was  read — whereupon,  on  motion  of  Mr-  Dana  of  O. 
Resolved  to  non  concur  in  passing  this  bill —Yeas  8,  Nays  3.  Those  who 
voted  in  the  affirmative  are  Messrs.  Berry,  Butler,  Chittenden,  Dana  of  O. 
Dana  of  C.  Judd,  Pratt  &  Wetmore.  Those  who  voted  in  the  negative  are 
Messrs.  Phelps,  Proctor  &  Stanley.  Mr-  Berry  was  appointed  to  report 
the  reasons  of  Council,  for  transmission  to  the  House. 

The  House  also  sent  up  for  revision  &c.  "  An  act  altering  the  name  of 
Lyman  Wellington  to  that  of  Lyman  Huntley,"  which  was  read,  &  or- 
dered to  lie  on  the  table.  Also,  ;'  An  act  in  addition  to  an  act  consti- 
tuting Probate  Courts  and  defining  their  powers  and  regulating  the  set- 
tlement of  testate  &  intestate  estates,  and  the  guardianship  of  minors 
and  insane  persons,"  which  was  read,  and  ordered  to  lie  on  the  table. 
Also,  "  An  act  extending  to  the  town  of  Brookline  in  the  County  of 
Windham  the  right  of  representation  in  the  General  Assembly,"  which 
was  read,  and  ordered  to  lie  on  the  table. 

Adjourned  to  9  o'clock  to-morrow  moruing. 


Saturday  Oct.  26,  1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Mr-  Pratt  asked  for  and  obtained  leave  of  absence  for  the  remainder  of 
the  session. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  24, 1822.  Resolved,  that  the  Judiciary  com- 
mittee be  instructed  to  enquire  into  the  expediency  of  providing  by  law 
for  the  removal  of  guardians  appointed  by  virtue  of  the  14  Sec.  of  an  act 
entitled  '  an  act  defining  what  shall  be  deemed  a  legal  settlement '  &c. 
passed  3  March  1797  ;  and  of  providing  for  the  manner  in  which  such 
guardians  shall  render  their  accounts,"  which  was  read — whereupon,  Re- 
solved to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit  : 
"  In  Genl  Assembly  Oct).  2$,  1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Judiciary  committee  be  instructed  to  inquire 
into  the  expediency  of  so  altering  the  laws  relating  to  idle,  disorderly 
and  poor  persons,  as  to  make  the  Counties  into  districts,  and  compel  said 
districts  to  build  work  houses  for  the  maintenance  of  those  that  will  not 
maintain  themselves;  and  report  by  bill  or  otherwise  " — which  was  read. 
Whereupon,  Resolved  to  concur  in  passing  this  resolution. 

Received  from  the  House  the  resolution  of  the  21  inst.  on  the  subject 
of  taxing  public  lands,  and  the  report  of  the  Judiciary  committee  there- 

3 


84  Governor  and  Council — October  1822. 

on,  with  an  order  of  the  House  that  the  same  be  recommitted  to  the 
Judiciary  committee.  Whereupon,  Resolved  to  concur  in  said  order  of 
recommitment. 

Eeceived  a  Remonstrance  from  sundry  inhabitants  of  Cambridge,  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  commit- 
tee on  the  petition  from  Belvidere  &  Cambridge.  Whereupon,  Resolved 
to  concur  in  said  order  of  reference. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  establishing  a  corporation  by  the  name  of  the  Winhall 
Turnpike  company,"  which  was  read,  &  ordered  to  lie  on  the  table. 
Also,  "  An  act  for  the  relief  of  John  Atwood,1'  which  was  read,  and  Mr- 
Wetmore  proposed  an  amendment  to  said  bill,  which  was  adopted. 
Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the  proposed 
amendment,  and  Mr-  Wetmore  was  appointed  to  prepare  &  report  rea- 
sons to  be  transmitted  to  the  House — who  reported  the  following,  to  wit: 
"The  Council  are  of  opinion  that  policy  does  not,  at  this  time,  require 
the  legislature  to  discharge  John  Atwood  from  the  payment  of  said  two 
notes  " — which  was  read  &  adopted  as  the  reasons  of  Council.  Ordered, 
that  the  Sec'y  return  said  bill  &  amendment  with  the  reasons  therefor, 
to  the  House,  &  request  their  concurrence. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "  An  act 
extending  to  the  town  of  Brookline  in  the  County  of  Windham  the  right 
of  representation  in  the  General  Assembly,"  which  was  again  read — 
whereupon,  on  motion  of  Mr-  Butler,  Resolved,  to  non  concur  in  passing 
this  bill— Yeas  6,  Nays  5.  Those  who  voted  in  the  affirmative  are 
Messrs.  Butler,  Chittenden,  Dana  of  O.  Dana  of  C.  Stanley  &  Wetmore. 
Those  who  voted  in  the  negative  are  Messrs.  Berry,  Hatch,  Judd,  Phelps 
&  Proctor.  Mr-  Wetmore  was  appointed  to  prepare  &  report  reasons  for 
said  non  concurrence,  to  be  transmitted  to  the  House. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.  —The  Gov.  &  Council  met  &c. 

Mr-  Pratt  was  discharged  from  the  committee  to  whom  was  referred 
the  bill  entitled  "  an  act  in  addition  to  &  alteration  of  an  act  appointing 
a  committee  to  lay  out  and  survey  a  road  from  Chelsea  "  &c.  and  Mr-  Judd 
was  appointed  in  his  stead. 

The  House  sent  up  for  revision  and  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  laying  a  tax  of  four  cents  per  acre  on  the  township  of 
Mansfield,"  which  was  read — whereupon,  Resolved  to  concur  in  passing 
this  bill.     Ordered,  that  the'Sec'y  notify  the  House  accordingly. 

Mr-  Berry  reported  the  following  reasons  for  non  concurring  in  pass- 
ing the  bill  entitled  uAn  act  for  the  relief  of  David  L.  Fowles,"  to  wit : 
"  The  bill  is  particular  in  its  operation  without  a  particular  necessity  for 
its  enactment ;  inasmuch  as  every  case  of  the  kind  in  the  State  might, 
with  equal  propriety,  require  the  benefit  of  an  act  of  the  legislature. 
The  effect  of  such  a  precedent  would  not  be  of  salutary  influence  on  soci- 
ety. The  act  would  be  partial  in  its  operation.  The  felon,  guilty  of  a 
larceny  under  seven  dollars,  is  fined  not  exceeding  that  sum,  &  the  legal 
disability  complained  of  by  the  present  applicant  attaches.  The  felon 
guilty  of  a  larceny  but  one  shilling  over  seven  dollars,  is  sent  to  the 
State's  prison  not  exceeding  three  years,  may  be  fined  &  stand  com- 
mitted until  the  fine  &  cost  of  prosecution  are  paid.  The  disparity  of 
the  legal  operation  in  the  two  cases  precludes  the  propriety  of  a  frequent 
legislative  interference  in  the  .former  class  of  cases.  The  Council  are 
advised  that  the  moral  character  of  the  felon  is  not  good.  The  felony  in 
the  present  case  was  committed  in  New  York.  The  constitutionality, 
as  well  as  the  propriety  of  the  measure,  is  doubted— and  also,  whether 


Governor  and  Council — October]1822.  35 

the  stain  upon  a  felon  from  a  neighbouring  State  can  be  eradicated  by 
an  act  of  this  legislature,  so  as  to  give  the  applicant  a  currency  &  stand- 
ing with  the  freemen  of  Vermont."  The  foregoing  reasons  were  read  & 
adopted.  Ordered,  that  the  same,  together  with  said  bill,  be  transmitted 
by  the  Secretary  to  the  House. 

Mr-  Berry,  from  the  Committee  on  that  subject,  made  a  report,  divid- 
ing the  Militia  into  Divisions  and  Brigades — which  was  read  &  ordered 
to  lie  on  the  table. 

Adjourned  to  Monday  morning  next. 


Monday  Oct.  28, 1822.    9  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

Mr-  Wetmore,  from  the  committee  to  whom  was  referred  the  Resolu- 
tion from  the  House  of  the  22d  inst.  instructing  the  committee  for  mak- 
ing up  the  Grand  list  &c.  Reported  that  the  same  ought  to  pass — and  said 
Resolution  was  again  read.  Whereupon,  Resolved  to  concur  in  passing 
said  resolution. 

Mr  Pratt  was  discharged  from  the  committee  to  whom  was  referred 
the  petition  of  Jonathan  Fassett,  and  Mr-  Dana  of  O.  was  appointed  in 
his  stead. 

The  Petition  of  Mason  Easterbrooks,  for  pardon,  was  presented,  read, 
&  ordered  to  lie  on  the  table. 

Mr-  Pratt  was  discharged  from  the  committee  to  whom  was  referred 
the  petition  of  John  Reed  ;  and  Mr-  Dana  of  Cal.  was  appointed  in  his 
stead.  Mr-  Pratt  was  discharged  from  the  committee  to  whom  was  re- 
ferred the  petitions  of  Jonathan  Huntley,  and  Lyman  Wellington;  and 
Mr-  Stanley  was  appointed  in  his  stead.  The  L*  Gov.  was  discharged 
from  the  committee  to  whom  was  referred  the  petition  of  Samuel  Ar- 
nold ;  and  Mr-  Hatch  was  appointed  in  his  stead. 

Received  from  the  House  a  bill  entitled  a  an  act  authorizing  the  Su- 
preme Court  to  grant  Polly  Black  a  bill  of  divorce  " — also,  "  an  act  in 
addition  to  an  act  entitled  an  act  to  empower  the  Judges  of  the  Supreme 
Court  to  grant  bills  of  divorce  "  &c. — also,  "an  act  repealing  an  act 
therein  mentioned  "  (taxing  pedlars) — also,  "an  act  in  addition  to  an  act 
entitled  an  act  constituting  the  Supreme  Court  :,&c.  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  Judiciary  Commit- 
tee.    Whereupon,  Resolved  to  concur  in  said  orders  of  reference. 

Received  from  the  House  the  petition  of  Amasa  Josselyn  &  others — 
also,  a  bill  entitled  "  an  act  laying  a  tax  of  two  cents  per  acre  on  the 
town  of  Victory,"  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  land  tax  committee.  Whereupon,  Resolved  to  concur  in 
said  orders  of  reference 

Received  from  the  House  a  bill  entitled  "  an  act  authorizing  the  Quar- 
ter Master  Gen1-  to  loan  arms  to  Capt.'  Partridge,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  the  reso- 
lution relative  to  loaning  arms  &  ordnance  to  Capt.  Partridge.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  a  bill  entitled  "  an  act  for  the  relief  of  Ma- 
son Easterbrooks  " — also,  "  an  act  directing  the  Treasurer  of  this  State 
to  credit  the  first  constable  of  Lyndon  the  sum  therein  mentioned,"  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Comee 
of  Ways  &  Means.  Whereupon,  Resolved  to  concur  in  said  orders  of 
reference. 

The  Report  of  the  committee  made  yesterday,  dividing  the  Militia  into 
Divisions  &  Brigades,  was  taken  up  and  read,  as  follows,  to  wit:  "  The 


36  Governor  and  Council — October  1822. 

Committee  to  whom  was  referred  the  communication  of  the  Adj*-  &  In- 
spector Gen1-  of  the  Vermont  Militia,  beg  leave  to  report  the  following 
report  and  resolution.  By  the  present  arrangement  of  the  Militia  the 
first  division  includes  the  County  of  Windham  except  the  towns  of 
Windham  &  Londonderry,  and  also  the  towns  of  Springfield,  Chester, 
Weathersfield,  Cavendish  &  Ludlow  in  Windsor  County,  and  Readsboro 
in  Bennington  County,  and  is  divided  into  two  Brigades.  The  second 
Division  includes  the  remainder  of  the  County  of  Bennington,  the  towns 
of  Windham  &  Londonderry  in  the  County  of  Windham,  the  towns  of 
Andover  &  Weston  in  Windsor  County,  and  the  whole  County  of  Rut- 
land except  the  town  of  Pittsfield ;  and  is  divided  into  two  Brigades. 
The  third  Division  includes  the  County  of  Addison,  the  towns  of  Waits- 
field,  Moretown,  Middlesex,  Worcester,  Stowe,  Waterbury,  Duxbury  & 
Faystown  in  the  County  of  Washington,  and  the  Counties  of  Chittenden, 
Franklin  &  Grand  Isle;  and  is  divided  into  three  Brigades.  The  fourth 
Division  includes  the  County  of  Windsor  not  heretofore  mentioned  as 
being  included  in  the  first  division,  the  Counties  of  Orange,  Caledonia, 
Essex  &  Orleans,  &  the  town  of  Pittsfield  in  Rutland  County,  the  towns 
of  Roxbury,  Northfield,  Berlin,  Montpelier,  Calais,  Elmore,  Mansfield 
[Marshfield,]  Plainfield  &  Barre  in  Washington  Counly  ;  and  is  divided 
into  three  Brigades.  The  first  Brigade  in  the  first  Division  is  separated 
from  the  second  Brigade  in  said  Division  by  the  south  &  west  lines  of 
Putney,  west  line  of  Westminster  &  south  line  of  Grafton.  The  first 
Brigade  in  the  second  Division  is  separated  from  the  second  Brigade  in 
said  Division  by  the  north  line  of  Rupert,  Dorset,  Peru,  Landgrove,  and 
the  west  &  north  line  of  Weston.  The  first  Brigade  in  the  third  divis- 
ion is  separated  from  the  second  Brigade  in  said  Division  by  the  north 
line  of  the  County  of  Addison.  The  second  Brigade  is  separated  from 
the  third  Brigade  in  said  Division  by  the  north  &  west  lines  of  the  towns 
of  Mansfield,  the  northerly  line  of  Jerico,  Essex  &  Colchester,  and  in- 
cludes also  the  County  of  Grand  Isle.  The  first  Brigade  in  the  fourth 
Division  is  separated  from  the  second  Brigade  in  said  Division  by  the 
north  line  of  the  County  of  Windsor — the  second  Brigade  from  the  third 
Brigade  by  the  north  line  of  Newbury,  Topsham,  Orange,  &  the  east  line 
of  Plainfield  &  the  east  &  north  line  of  Marshfield  &  the  south  line  of 
Calais. 

The  first  Division  contains,  rank  and  file,  2955 

The  second  Division  contains  3992 

The  third  Division  contains  (nearly)  4633 

The  fourth  Division  contains  8758 

"By  annexing  that  part  of  the  fourth  Division  which  is  included 
within  the  first  Brigade  in  said  Division,  to  the  first  Division,  said  first 
Division  would  then  contain,  rank  &  file,  5695  and  the  said  fourth  Divi- 
sion would  contain  6018. 

"Your  committee  further  report,  that  they  can  find  no  record  evidence 
of  the  Division  or  Brigade  lines,  heretofore  mentioned.  Therefore, 
Besolved,  that  his  Excellency  the  Governor  be  advised  to  arrange  the 
whole  of  the  Militia  of  the  State  of  Vermont  into  Divisions  &  Brigades; 
and  that  the  following  be  the  lines  by  which  the  same  shall  hereafter  be 
known  &  designated,  viz.  The  lines  hereinbefore  mentioned  as  desig- 
nating the  first  Division,  excepting  the  northerly  lines  thereof,  together 
with  the  lines  designating  the  first  Brigade  in  the  fourth  division,  ex- 
cept the  southerly  lines  thereof,  shall  hereafter  be  the  lines  of  the  first 
Division.  The  lines  herein  before  mentioned  as  designating  the  first  & 
second  Brigades  in  said  first  division,  shall  hereafter  be  the  lines  of  the 
said  first  &  second  Brigades  &  first  Division.  The  lines  herein  before 
mentioned  as  designating  the  first  Brigade  in  the  fourth  Division  shall 


Governor  and  Council — October  1822.  37 

hereafter  be  the  lines  of  the  third  Brigade  in  the  first  Division.  The 
lines  herein  before  mentioned  as  designating  the  fourth  division,  except 
such  part  of  said  fourth  division  as  is  herein  before  arranged  to  &  in- 
cluded in  the  first  division,  together  with  the  northerly  lines  of  the  third 
Brigade  in  the  fourth  division,  shall  hereafter  be  the  lines  of  the  fourth 
division.  The  lines  herein  before  mentioned  as  designating  the  second 
Brigade  in  the  fourth  division  shall  hereafter  be  the  lines  in  the  first 
Brigade  in  the  fourth  division.  The  lines  herein  before  mentioned  as 
designating  the  third  Brigade  in  the  fourth  division  shall  hereafter  be 
the  lines  of  the  second  Brigade  &  fourth  division.  The  lines  herein  be- 
fore mentioned  as  designating  the  second  Division  shall  hereafter  be 
the  lines  of  the  second  Division.  The  lines  herein  before  mentioned  as 
designating  the  first  &  second  Brigades  in  the  said  second  Division  shall 
hereafter  be  the  lines  of  the  first  &  second  Brigades  in  said  second  Di- 
vision. The  lines  herein  before  mentioned  as  designating  the  third 
Division  shall  hereafter  be  the  lines  of  the  third  Division.  The  lines 
herein  before  mentioned  as  designating  the  first,  second  &  third  Bri- 
gades in  the  said  third  Division  shall  hereafter  be  the  lines  of  the  first, 
second  &  third  Brigades  in  said  third  Division."  Which  report  was 
accepted  &  said  Resolution  adopted. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  establishing  a  Rifle  company  in  the  3d  Reg1-  in  the  1 
Brig.  &  4  Div.  of  Vermont  Militia,"  which  was  read  and  committed  to 
Mr-  Berry  to  consider  and  report  thereon.  Also,  "An  act  authorizing 
the  Quarter  Master  General  to  purchase  a  piece  of  ordnance" — which 
was  read,  and  ordered  to  lie  on  the  table.  Also,  "An  act  laying  a  tax  of 
two  cents  per  acre  on  the  town  of  Kellyvale"  [Lowell,]  which  was  read 
and  ordered  to  lie  on  the  table.  Also,  "An  act  authorizing  the  Treas- 
urer of  this  State  to  pay  David  Hopkinson  jr.  the  sum  therein  mentioned," 
which  was  read,  and  ordered  to  lie  on  the  table.  Also,  "An  act  laying  a 
tax  of  three  cents  pr  acre  on  the  town  of  Burke,"  which  was  read — 
whereupon,  Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the 
Sec'y  notify  the  House  accordingly. 

Received  from  the  House  a  bill  entitled  "an  act  incorporating  the 
persons  therein  named  by  the  name  of  the  Winooskie  Cotton  &  Woolen 
Manufacturing  Company,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  of  Manufactures.  Whereupon,  Re- 
solved to  concur  in  said  order  of  reference. 

The  House  sent  up  for  revision  and  concurrence  &c.  an  engrossed 
bill  entitled  "An  act  directing  the  State's  Attorney  of  the  County  of 
Bennington  to  stay  proceedings  against  Roswell  Ford"  —  which  was 
read — Mr-  Dana  of  O.  proposed  an  amendment  to  said  bill,  which  was 
adopted.  Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the 
proposed  amendment — Ordered,  that  the  Sec'y  notify  the  House  accord- 
ingly, and  request  their  concurrence  to  the  proposed  amendment. 

On  motion  of  Mr-  Phelps  the  Council  resumed  consideration  of  the 
bill  entitled  "An  act  altering  the  name  of  Lyman  Wellington  to  that  of 
Lyman  Huntley"  —  which  was  again  read.  Mr-  Phelps  proposed  an 
amendment  to  said  bill,  which  was  adopted — whereupon,  Resolved  to 
concur  in  passing  said  bill  with  the  proposed  amendment.  Mr-  Phelps 
was  appointed  to  prepare  and  report  reasons,  who  forthwith  reported 
the  following,  to  wit:  "That  it  is  doubtful  whether,  without  some  in- 
strument in  writing  made  by  the  said  Jonathan  Huntley,  the  said  act 
would  divest  him  of  those  rights  which,  at  his  decease,  would  probably 
be  claimed  by  other  heirs— and  in  such  case  the  said  Lyman  Wellington 
might  be  injured  through  the  delusive  promises  of  the  act" — which  was 
read  and  adopted,  and  Ordered,  that  the  Sec'y  return  said  bill  with  the 


38  Governor  and  Council — October  1822. 

proposed  amendments  &  reasons  aforesd  to  the  House,  and  request  their 
concurrence. 

Mr-  Berry,  to  whom  was  referred  the  bill  entitled  "An  act  establishing 
a  Rifle  Company  in  the  3  Reg*-  in  the  1  Brig.  &  4  Div.  of  Vermont  Mi- 
litia," reported  the  same  with  amendments,  which  were  read  &  adopted. 
Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the  proposed 
amendments,  and  Mr  Berry  was  appointed  to  prepare  &  report  reasons — 
who  reported  the  following,  to  wit :  u  By  a  resolution  of  the  Council, 
his  Excellency  the  Gov.  has  been  advised  to  so  arrange  the  1  Brig,  as 
that  the  same  may  hereafter  be  known  as  the  3  Brig,  in  the  1  Div.  and 
that  in  pursuance  of  said  resolution  the  Gov.  has  so  arranged  said  Bri- 
gade." Which  was  read  and  adopted.  Whereupon,  Ordered,  that  the 
Sec'y  return  said  bill,  with  the  proposed  amendments  &  reasons  aforesd' 
to  the  House,  and  request  their  concurrence. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.—  The  Gov.  &  Council  met  &c. 

The  Gov.  laid  before  the  Council  a  communication  from  the  Speaker 
of  the  House,  informing  that  the  House  have  concurred  in  the  amend- 
ments proposed  by  the  Gov.  &  Council  to  the  bill  entitled  "An  act  re- 
lating to  pardons." 

The  petition  of  William  Annis,  for  pardon,  was  taken  up  and  read — 
whereupon,  on  motion  of  Mr  Wetmore,  Resolved  that  the  said  William 
Annis  be  discharged  from  prison  agreeably  to  the  provisions  of  the  bill 
passed  the  present  session— Yeas  11,  Nays  0.  Those  who  voted  in  the 
affirmative  are  Messrs.  Berry,  Butler,  Chittenden,  Dana  of  O.  Dana  of 
C.  Hatch,  Judd,  Phelps,  Proctor,  Stanley  &  Wetmore. 

The  petition  of  Samuel  Elder,  for  pardon,  was  taken  up  and  read — 
whereupon,  on  motion  of  Mr-  Wetmore,  Ordered,  that  said  petition  be 
dismissed.  The  petition  of  David  O.  Gould,  for  pardon,  was  taken  up 
and  read— whereupon,  on  motion  of  Mr-  Dana  of  O.  Ordered,  that  said 
petition  be  dismissed. 

On  motion  of  Mr-  Wetmore,  Resolved  that  the  several  votes  granting 
pardons  to  Lewis  Cambridge,  John  Cully,  Asa  Chamberlain,  Thomas 
Davis,  John  Evans,  Hiram  Kezar,  Timothy  Morgan,  Stephen  Prentiss, 
J.  B.  Putvah,  Joshua  N.  Rollins,  John  Rice,  Ruluf  Spaulding,  Sampson 
Thurston,  John  Wilson,  &  Thomas  Waters,  be  reconsidered— where- 
upon, Resolved  that  the  said  Lewis  Cambridge,  Hiram  Kezar,  Timothy 
Morgan,  Stephen  Prentiss,  Joshua  N".  Rollins,  John  Rice,  Sampson 
Thurston  &  Thomas  Waters  be  discharged  from  the  State  prison— and 
that  the  said  John  Cully,  Asa  Chamberlain,  Thomas  Davis,  John  Evans, 
J.  B.  Putvah,  Ruluf  Spaulding  and  John  Wilson,  be  discharged  from 
said  prison,  upon  condition  that  each  of  them,  respectively,  do  leave  this 
State  within  twenty  days,  and  do  not  return  to  this  State  within  twenty 
years. 

Mr-  Wetmore  reported  the  following  reasons  for  non  concurring  the 
bill  entitled  "An  act  extending  to  the  town  of  Brookline  in  the  County 
of  Windham  the  right  of  representation  in  the  General  Assembly,"  to 
wit:  "The  legislature  in  the  year  1794  passed  an  act  entitled  ;an  act 
forming  a  new  town  out  of  the  towns  of  Putney  &  Athens  in  the  County 
of  Windham  by  the  name  of  Brookline,'  in  which  it  is  enacted  '  that  the 
south  parish  in  Athens,  and  all  that  part  of  Putney  west  of  [certain  lines 
therein  described]  be  and  the  same  is  hereby  incorporated  into  a  town 
by  the  name  of  Brookline,  and  the  inhabitants  residing  therein  shall 
have  all  the  privileges  and  immunities  which  the  inhabitants  of  other 
towns  in  this  State  have  &  enjoy,  excepting  electing  and  sending  a  Rep- 
resentative to  the  Gen1  Assembly  &  Convention.'    By  the  7  Sec.  of  the 


Governor  and  Council — October  1822.  39 

Constitution,  '  each  inhabited  town  may  hold  elections  &  choose  one 
representative.'  It  appears  from  the  aforesaid  act  of  incorporation  & 
from  the  Constitution,  the  town  of  Brookline  is  entitled  to  hold  elections 
&  choose  one  representative,  the  same  as  other  towns  in  this  State,  un- 
less the  exception  contained  in  said  act  deprives  the  town  of  the  privi- 
lege. The  Council  are  of  opinion  that  the  incongruity  between  the  con- 
stitution &  exception  renders  the  rejection  of  the  exception  indispensa- 
ble in  order  to  give  the  constitution  effect.  Further,  the  act  entitled 
1  An  act  directing  the  mode  of  electing  the  Gov.  Lt.  Goy.  Treasurer  of 
the  State,  Councillors  &  Representatives,'  being  passed  subsequent  to 
the  act  incorporating  the  town  of  Brookline,  confers  a  further  benefit 
and  privilege  on  said  town,  by  giving  them  the  right  of  representation. 
Therefore,  as  the  town  of  Brookline  is,  by  the  Constitution  &  laws,  enti- 
tled to  hold  elections,  &  choose  one  representative  to  the  General  Assem- 
bly, the  Council  are  of  opinion  that  it  is  inexpedient  to  pass  a  law,  con- 
firming privileges  to  which  the  town  is  now  entitled.  In  the  opinion  of 
the  Council  it  is  inexpedient  to  increase  the  number  of  representatives, 
by  organizing  new  towns,  or  otherwise.  The  population  of  this  State 
has  already  progressed  so  far,  that  by  the  provision  of  the  Constitution, 
more  than  two  hundred  towns  are  entitled  to  be  represented  in  the  Gen- 
eral Assembly.  The  expence  and  inconvenieuce  attending  the  transac- 
tion of  business  in  an  assembly  consisting  of  more  representatives  than 
is  already  provided  by  the  laws  &  constitution,  must  be  evident.  The 
public  interest  of  this  State  cannot  be  promoted  by  increasing  the  rep- 
resentatives beyond  the  present  number."  Which  were  read  &  adopted, 
and  Ordered,  that  the  Sec'y  return  said  bill,  with  the  reasons  aforesd>  to 
the  House  of  Representatives. 

The  Memorial  of  Jonathan  Ware  was  presented,  and  on  motion  of  Mr- 
Wetmore,  Ordered  to  lie  on  the  table. 

Mr-  Phelps  introduced  the  following  resolution,  to  wit:  "In  Council 
Oct.  28, 1822. 

Resolved,  the  Gen1  Assembly  concurring  herein,  that  the  Gov.  &  Coun- 
cil will  meet  the  Gen1  Assembly  in  the  representatives'  room,  in  joint 
committee,  on  the  29th  day  of  October  inst.  at  two  o'clock  in  the  after- 
noon, for  the  purpose  of  electing  a  Brig.  Gen1  in  the  1  Brig.  &  4  Div.  of 
militia,  to  supply  the  vacancy  occasioned  by  the  promotion  of  Gen1  Jo- 
seph Edson — and  also  for  the  purpose  of  appointing  some  person  to 
preach  the  next  election  sermon"  —  which  was  read  &  adopted,  and 
Ordered,  that  the  Sec'y  carry  the  same  to  the  House  and  request  their 
concurrence.1 

Adjourned  to  9  o'clock  to-morrow  morning. 


Tuesday  Oct.  29, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Received  from  the  House  a  bill  entitled  "an  act  directing  the  Treas- 
urer of  the  County  of  Windsor  to  credit  Rhodolphus  Brown,  first  consta- 
ble of  Sharon,  the  sum  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference.  Also,  "an  act  estab- 
lishing the  law  of  the  road,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Turnpike  Committee.    Whereupon,  Resolved 

'Ezekiel  P.  Walton  was  elected  Brigadier  General;  Rev.  Joseph  W. 
Sawyer  preacher  of  the  next  election  sermon,  and  Rev.  Leland  Howard 
substitute. 


40  Governor  mid  Council —  October  1822. 

to  concur  in  said  order  of  reference.  Also,  "an  act  directing  the  Treas- 
urer to' pay  Joshua  Y.  Vail  the  sum  therein  mentioned,"  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
Claims  —  whereupon,  Besolved  to  concur  in  said  order  of  reference. 
Also,  "an  act  annexing  the  town  of  Morristown  in  Orleans  County  to 
Washington  County,"  with  an  order  of  the  House  thereon  that  the  same, 
&  the  report  thereon,  be  recommitted  to  the  Committee  to  whom  the 
bill  was  originally  referred.  Whereupon,  Resolved  to  concur  in  said 
order  of  reference. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  directing  the  Treasurer  to  pay  Israel  P.  Richardson 
the  sum  therein  mentioned,"  which  was  read.  Whereupon,  Resolved  to 
concur  in  passing  this  bill.  Also,  "An  act  granting  a  Ferry  to  Nathan 
Cook,"  which  was  read — whereupon,  Resolved  to  concur  in  passing  this 
bill.  Also,  "An  act  laying  a  tax  of  two  cents  per  acre  on  the  town  of 
Craftsbury,"  which  was  read.  Whereupon,  Resolved  to  concur  in  passing 
this  bill.  The  Council  resumed  the  consideration  of  the  bill  entitled 
"An  act  in  addition  to  an  act  constituting  Probate  Courts  &  denning 
their  powers,  &  regulating  the  settlement  of  testate  &  intestate  estates 
and  the  guardianship  of  minors  &  insane  persons,"  which  was  again 
read.  Whereupon,  Resolved  to  concur  in  passing  this  bill.  Also  re- 
sumed &c.  "An  act  authorizing  the  Treasurer  of  this  State  to  pay  David 
Hopkinson  jr.  the  sum  therein  mentioned"  —  which  was  again  read. 
Whereupon,  Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the 
Sec'y  notify  the  House  of  the  passage  of  the  5  last  mentioned  bills. 

The  House  sent  up  for  revision  "&  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  altering  the  name  of  Rhoana  Needham  Cutter  to  that  of 
Rhoana  Cutter  Needham,"  which  was  read.  Mr-  Butler  moved  an 
amendment,  which  was  adopted.  Whereupon,  Resolved  to  concur  in 
passing  said  bill  with  the  proposed  amendment.  Ordered,  that  the  same 
reasons  be  assigned  to  the  House  as  in  the  bill  to  alter  the  name  of  Ly- 
man Wellington,  and  that  the  Sec'y  return  said  bill,  with  the  proposed 
amendment,  to  the  House,  and  request  their  concurrence. 

The  House  also  sent  up  for  revision  &c.  "  An  act  restoring  Benjamin 
Pratt  to  his  legal  privileges,"  which  was  read,  and  referred  to  Mr-  Phelps 
to  consider  &  report  thereon — who  forthwith  reported  said  bill  with 
amendments,  which  were  adopted.  Whereupon,  Resolved  to  concur  in 
passing  said  bill  with  the  proposed  amendments.  Mr-  Phelps  was  ap- 
pointed to  prepare  &  report  reasons  &c.  who  forthwith  reported  the  fol- 
lowing, to  wit:  "  That  the  objects  of  the  bill  will  be  attained,  and  the 
useless  verbiage  expunged" — which  were  read  and  adopted— and  Or- 
dered, that  the  Sec'y  return  said  bill,  with  the  proposed  amendments  & 
reasons  to  the  House,  &  request  their  concurrence. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "An  act  es- 
tablishing a  corporation  by  the  name  of  the  Winhall  Turnpike  Compa- 
ny," which  was  read,  and  committed  to  Messrs.  Phelps,  Butler  &  Judd, 
to  consider  &  report  thereon. 

The  Council  took  up  the  memorial  of  Jona-  Ware,  which  was  read,  & 
committed  to  Mr-  Stanley,  to  join  such  committee  as  may  be  appointed 
by  the  House,  to  consider  &  report  thereon. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Gov.  &  Council  met  &c. 

Received  a  communication  from  the  Speaker  of  the  House,'  informing 
that  the  House  have  concurred  in  the  amendments  proposed  to  the  bill 
entitled  "An  act  for  the  relief  of  John  Atwood"— also,  in  the  Resolu- 
tion appointing  the  29th  Oct.  inst.  to  meet  in  joint  comee  for  the'  purpose 


Governor  and  Council — October  1822.  41 

of  electing  a  Brig.  Gen1  in  the  1  Brig.  &  4  Div.— and  appointing  some 
person  to  preach  the  next  election  sermon. 

The  Gov.  &  Council  attended  in  the  House  for  the  purpose  of  making 
appointments,  after  which  they  returned  to  the  Council  Chamber. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Wednesday  Oct.  30, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Received  from  the  House  a  bill  entitled  "  An  act  in  addition  to  an  act 
constituting  the  Supreme  Court "  &c.  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.  Also,  the  petition  [ot]  Al- 
exander Sheldon  &  John  L.  Vorus,  with  an  order  of  the  House  thereon 
that  the  same  be  recommitted  to  the  Commee  of  New  Trials,  with  direc- 
tions to  make  a  detailed  report  &c.  whereupon,  Besolved  to  concur  in 
said  order  of  recommitment. 

The  House  sent  up  the  following:  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  26. 1822.  Whereas,  it  is  declared  by  the  con- 
stitution of  this  State,  that  the  person  of  a  debtor,  where  there  is  not  a 
strong  presumption  of  fraud,  shall  not  be  continued  in  prison,  after  deliv- 
ering up  &  assigning  over,  bona  fide,  all  his  estate,  real  &  personal,  in  pos- 
session, remainder  or  reversion,  for  the  use  of  his  creditors,  in  such  man- 
ner as  shall  be  hereafter  regulated  by  law — therefore,  Besolved,  that  a 
committee  of  four  be  appointed,  to  join  a  committee  from  the  Council,  to 
report  a  bill  providing  for  carrying  into  effect  the  said  provision  of  the 
constitution  " — which  was  read — whereupon,  Resolved  to  concur,  and  Mr- 
Butler  was  appointed  from  Council.  Received  from  the  House  a  bill 
entitled  "  an  act  in  addition  to  an  act  relating  to  jails  &  jailers  and  for 
the  relief  of  persons  therein  imprisoned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  last  mentioned  committee. 
Whereupon,  Resolved  to  concur  in  said  order.  The  House  sent  up  the 
following  resolution  for  concurrence,  to  wit:  "In  Genl  Assembly  Oct. 
29,  1822.  Resolved,  the  Gov.  &  Council  concurring  herein,  that  the 
commee  appointed  in  pursuance  of  the  resolution  introduced  by  Mr-  Olin 
on  the  26.  inst.  be  directed  to  enquire  into  the  expediency  of  providing 
by  law  for  the  abolishing  imprisonment  for  debt,  on  all  contracts  made 
after  the  first  of  Jan?  1823,  and  rendering  property  liable  to  attachment 
on  mesne  &  final  process  " — which  was  read.  Whereupon,  Resolved  to 
concur  in  passing  this  resolution. 

Received  from  the  House  a  bill  entitled  "an  act  authorizing  the  town 
of  Londonderry  to  erect  a  toll  gate  on  the  road  therein  mentioned," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Turnpike  Committee.  Whereupon,  Resolved  to  concur  in  said  order. 
Also,  "an  act  for  the  relief  of  Mira  Billings,"  with  an  order  of  the  House 
thereon  that  the  same  be  recommitted  to  the  Commee  of  Ways  &  Means. 
Whereupon,  Resolved  to  concur  in  said  order. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Oct.  29, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  his  Excellency  the  Gov.  be  requested  to  cause  one 
of  [Ebenezer]  Hutchinson's  edition  of  [James]  Whitelaw's  map  of  Ver- 
mont, to  be  deposited  with  Messrs.  Barr  &  Welch  of  Baltimore  in  the 
State  of  Maryland,  subject  to  the  order  of  the  Gov.  of  Ohio,  in  exchange 
for  a  map  of  Ohio  deposited  at  the  same  place,  to  the  order  of  the  exec- 
utive of  this  State;  and  that  his  Ex?  the  Gov.  draw  on  the  Treasurer  of 
this  State  for  a  sum  not  exceeding  twenty  dollars  to  carry  this  resolution 


42  Governor  and  Council — October  1822. 

into  effect" — which  was  read — whereupon,  Besolved  to  concur  in  passing 
this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  29,  1822.  Besolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Judiciary  Commee  be  directed  to  inquire  into 
the  expediency  of  passing  an  act  directing  sheriffs  &  constables  in  their 
duty  in  levying  executions  issued  ag*-  poor  debtors  who  are,  in  the 
opinion  of  the  officer,  unable  to  be  committed  by  reason  of  sickness,  or 
other  disability,  &  allowing  such  officer  a  reasonable  sum  as  fees  on  such 
execution  for  trouble  and  expenses  necessary  in  providing  medical  ad- 
vice relative  to  such  debtor's  disability,  to  be  recovered  by  the  creditor 
in  case  such  debtor  shall  be  actually  unable  to  be  committed,  without 
imminent  danger  to  his  or  her  life  or  health;  and  in  case  such  officer 
shall  be  unable  to  find  sufficient  property  of  such  debtor  to  satisfy  him 
for  his  fees,  as  aforesaid ;  and  report  by  bill  or  otherwise," — which  was 
read.     Whereupon,  resolved  to  concur. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  29, 1822.  Besolved,  that  the  Judiciary  Com- 
mittee be  instructed  to  inquire  into  the  propriety  of  providing  by  law, 
that  interest  shall  be  collected  on  executions  that  run  120  days;  &  re- 
port by  bill  or  otherwise  " — which  was  read.  Whereupon,  Besolved  to 
concur. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "an  act  in  addition  and  explanation  of  an  act  entitled  an  act 
constituting  probate  courts  &  defining  their  powers,  &  regulating  the 
settlement  of  testate  &  intestate  estates,  &  the  guardianship  of  minors  & 
insane  persons" — which  was  read — whereupon,  Besolved  to  concur  in 
passing  this  bill.  Ordered,  that  the  Sec'y  notify  the  House  of  the  pas- 
sage of  this  bill. 

The  House  also  sent  up  for  revision  &c.  "An  act  directing  the  Treas- 
urer to  pay  Job  Lyman  the  sum  therein  mentioned"  —  which  was  read. 
Mr-  Butler  &  Mr-  Wetmore  successively  proposed  amendments,  which 
were  adopted.  Whereupon,  Besolved  to  concur  in  passing  this  bill  with 
the  proposed  amendments.  Ordered,  that  said  bill,  with  the  proposed 
amendments,  be  returned  to  the  House  by  Mr-  Butler,  who  is  appointed 
to  assign  reasons  for  the  amendments. 

The  House  also  sent  up  for  revision  &c.  "An  act  to  incorporate  certain 
persons  by  the  name  of  the  2d  Bellows  Falls  Aqueduct  Company,"  which 
was  read.  Mr-  Dana  of  C.  proposed  an  amendment  to  said  bill,  which 
was  adopted.  Whereupon,  Besolved  to  concur  in  passing  said  bill  with 
the  proposed  amendment  —  and  Mr-  Wetmore  was  appointed  to  prepare 
&  report  reasons. 

Received  from  the  House  a  bill  entitled  "an  act  establishing  a  County 
Grammar  School  in  the  town  of  Londonderry  in  the  County  of  Wind- 
ham," with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  members  of  Windham  County  to  join  from  Council.  Whereupon, 
Besolved  to  concur  in  said  order  of  reference — and  Mr-  Phelps  was  ap- 
pointed from  Council.  Also,  "an  act  to  preserve  the  fish  in  the  several 
waters  of  the  County  of  Caledonia,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  committee  on  the  petition  of  John 
Reed.  Whereupon,  Besolved  to  concur  in  said  order. 
•Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.—  I'he  Gov.  &  Council  met  &c. 

The  petition  of  Mason  Easterbrooks,  for  pardon,  was  taken  up  &  read 
— whereupon,  on  motion  of  Mr-  Dana  of  O.  Ordered,  that  said  petition  be 
dismissed. 


Governor  and  Council — October  1822.  43 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  in  addition  to  an  act  establishing  permanent  fees  & 
salaries,"  which  was  read  and  committed  to  Messrs.  Butler,  Hatch  & 
Dana,  to  consider  &  report  thereon. 

Mr-  Phelps,  from  the  Commee  to  whom  was  referred  the  bill  entitled 
"an  act  establishing  a  corporation  by  the  name  of  the  Winhall  Turnpike 
Company,"  reported  the  same  with  amendments,  which  were  read  & 
adopted.'  Whereupon,  Resolved  to  concur  in  passing  said  bill,  with  the 
proposed  amendments.  Mr  Phelps  was  appointed  to  draw  up  reasons  for 
^aid  amendments,  who  forthwith  reported  the  following,  to  wit :  "  Be- 
cause the  act  will  be  useless  if  accompanied  with  provisions  less  bene- 
ficial than  those  of  the  Peru  Turnpike  Company,  it  being  believed  the 
road  will  not  be  made  if  not  taken  up  by  the  Peru  Turnpike  Company  " 
— which  were  read  &  adopted.  Ordered,  that  the  Sec'y  return  said  bill, 
with  the  proposed  amendments  &  reasons,  to  the  House,  &  request  their 
concurrence. 

Mr-  Berry,  from  the  committee  to  whom  was  referred  the  petition  of 
the  officers  &  soldiers  of  the  9th  Co.  3-  Reg.  3,  Brig.  &  4.  Div.  to  be  trans- 
ferred to  the  5.  Reg.  2.  Brig,  of  said  Div.  made  report  that  the  subject 
matter  is  not  properly  cognizable  by  the  Gov.  &  Council,  and  recom- 
mend that  no  further  proceedings  be  had  thereon — which  was  read  & 
accepted,  and  leave  granted  to  the  petitioners  to  withdraw  their  petition. 
Mr-  Berry,  from  the  same  committee  above  mentioned,  to  whom  was  re- 
ferred the  pet.  of  sundry  officers  in  Roxbury,  Warren,  Waitsfield,  Fays- 
ton  &  Moretown,  made  the  same  report  as  last  above  mentioned — which 
was  accepted  ;  and  leave  granted  the  petitioners  to  withdraw  their  peti- 
tion. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Thursday  Oct.  31, 1822.    9  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

A  message  was  received  from  the  House  by  Mr-  Haight,  one  of  its 
members,  who  returned  the  bill  entitled  "  An  act  directing  the  Treas- 
urer to  pay  Job  Lyman  the  sum  therein  mentioned,"  and  informed  that 
the  House  have  non  concurred  in  the  amendments  proposed  to  said  bill 
by  the  Gov.  &  Council — and  Mr-  Haight  having  assigned  the  reasons  of 
the  House,  &  requested  the  Gov.  &  Council  to  concur  in  the  passage  of 
the  bill,  withdrew. 

Received  from  the  House  a  bill  entitled  "  an  act  relating  to  attach- 
ments on  real  estate  " — also,  "  an  act  for  the  relief  of  Jailers  " — with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary 
Committee.     Whereupon,  Resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  granting  a  toll  bridge  to  Samuel  Parsons,"  which  was 
read,  and  ordered  to  lie  on  the  table. 

The  House  again  sent  up  the  bill  entitled  "  An  act  extending  to  the 
town  of  Brookline  in  the  County  of  Windham  the  right  of  representa- 
tion in  the  General  Assembly,"  the  House  having  again  passed  the  same. 
Mr-  Wetmore  moved  to  suspend  the  passing  this  bill  until  the  next 
session  of  the  legislature.  The  Gov.  decided  this  motion  not  in  order, 
from  which  decision  Mr-  Wetmore  appealed  to  the  Council,  and  on  the 
question,  "  Is  the  decision  of  the  Gov.  correct  ?"  it  passed  in  the  affirma- 
tive.    The  bill  was  ordered  to  lie  on  the  table. 

The  Gov.  laid  before  the  Council  a  communication  from  the  Speaker 
of  the  House,  informing  that  the  House  nave  concurred  in  the  amend- 


44  Governor  and  Council — October  1822. 

ments  proposed  by  the  Gov.  &  Council  to  the  bills  with  the  following 
titles,  to  wit  :  "  An  act  altering  the  name  of  Lyman  Wellington  to  that 
of  Lyman  Huntley,"  "  An  act  directing  the  State's  Attorney  for  the 
County  of  Bennington  to  stay  proceedings  against  Roswell  Ford,"  "  An 
act  restoring  Benjamin  Pratt  to  his  privileges,"  "  An  act  establishing  a 
rifle  company  in  the  third  Reg.  in  the  first  Brig,  and  fourth  Div.  of 
Vermont  Militia."  The  House  have  also  concurred  in  referring  the  me- 
morial of  Jonathan  Ware,  &  have  appointed  a  committee  on  the  part  of 
the  House. 
Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Gov.  &  Council  met  &c. 

Received  from  the  House  of  Representatives  the  petition  of  Silas 
Hathaway  for  a  new  trial,  with  an  order  of  the  House  thereon  that  the 
same  be  recommitted  to  the  Committee  of  New  Trials.  Whereupon, 
Resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Oct.  31, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  both  houses  meet  in  joint  committee  in  the  Repre- 
sentatives' room,  at  three  o'clock  this  afternoon,  for  the  purpose  of 
electing  a  Judge  of  the  Supreme  Court,  to  fill  the  vacancy  occasioned  by 
tha  nonacceptance  of  Samuel  Prentiss" — which  was  read.  Mr-  Hatch 
moved  an  amendment  to  said  resolution,  so  as  to  meet  to-morrow  after- 
noon; which  was  adopted.  Whereupon,  Resolved  to  concur  in  passing 
said  resolution  with  the  amendment. 

The  Gov.  &  Council  attended  in  the  House  to  make  further  appoint- 
ment of  County  officers  ;  after  which  they  returned  to  the  Council 
Chamber. 

Received  from  the  House  a  bill  entitled  "an  act  to  incorporate  the 
Philomathesian  Society  in  Middlebury  College,"  also,  "an  act  to  incor- 
porate the  beneficent  Society  in  Middlebury  College,"  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  Judiciary  Committee. 
Whereupon,  Resolved  to  concur  in  said  orders. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "An  act 
extending  to  the  town  of  Brookline  in  the  County  of  Windham  the  right 
of  representation  in  the  General  Assembly."  Mr  Hatch  moved  an 
amendment  declaring  that  said  town  has  the  right  of  representation  by 
the  constitution  —  which  was  rejected — Yeas  I,  Nays  7.  Those  who 
voted  in  the  affirmative  are  Messrs.  Berry,  Hatch,  Phelps  &  Wetmore. 
Those  who  voted  in  the  negative  are  Messrs.  Butler,  Chittenden,  Dana 
of  O.  Dana  of  C.  Judd,  Proctor  &  Stanley.  Mr-  Dana  of  O.  moved  an 
amendment  to  said  bill  declaring  that  said  town  shall  not  have  the  right, 
unless  the  right  now  exists  by  the  constitution — which  was  adopted — 
Yeas  6,  Nays  5.  Those  who  voted  in  the  affirmative  are  Messrs.  Butler, 
Chittenden,  Dana  of  O.  Proctor,  Stanley  &  Wetmore.  Those  who  voted 
in  the  negative  are  Messrs.  Berry,  Dana  of  C.  Hatch,  Judd  &  Phelps. 
Whereupon,  Resolved  to  concur  in  passing  this  bill  with  the  proposed 
amendment  —  Yeas  7,  Nays  4.  Those  who  voted  in  the  affirmative  are 
Messrs.  Butler,  Chittenden,  Dana  of  O.  Dana  of  C.  Proctor,  Stanley  & 
Wetmore.  Those  who  voted  in  the  negative  are  Messrs.  Berry,  Judd, 
Phelps  &  Hatch.     Mr-  Butler  was  appointed  to  report  reasons. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "An  act 
granting  a  toll  bridge  to  Samuel  Parsons,"  which  was  again  read — 
whereupon,  Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the 
Sec'y  notify  the  House  accordingly. 

The  Council  took  up  the  bill  entitled  "An  act  directing  the  Treasurer 
to  pay  Job  Lyman  the  sum  therein  mentioned."    Whereupon,  on  motion 


Governor  and  Council — November  1822.  45 

of  Mr-  Butler,  Resolved  to  suspend  the  passing  of  this  bill  until  the  next 
session  of  the  legislature.  Ordered,  that  the  Sec'y  notify  the  House 
accordingly. 

Mr-  Wetmore  reported  the  following  reasons  for  the  amendments 
proposed  to  the  bill  entitled  "An  act  to  incorporate  certain  persons  by 
the  name  of  the  second  Bellows  Falls  Aqueduct  Company,"  to  wit: 
"Provisions,  limiting  the  am*-  of  real  &  personal  estate,  necessary  to 
carry  into  effect  the  object  of  [the]  corporation,  are  usual  in  similar 
grants — and  policy  requires  that  the  sum  should  be  limited  in  all  corpo- 
rate acts" — which  were  adopted.  Ordered,  that  the  Sec'y  return  said 
bill,  with  the  proposed  amendments  and  reasons  aforsd>  to  the  House,  & 
request  their  concurrence. 

Adjourned  to  9  o'clock  to  morrow  morning. 


Friday  Nov.  1, 1822.    9  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

A  communication  was  received  from  the  Speaker  of  the  House,  in- 
forming that  the  House  have  concurred  in  the  amendment  proposed  to 
the  resolution  for  electing  a  Judge  of  the  Supreme  Court. 

Mr  Butler  reported  the  following  reasons  for  the  proposed  amend- 
ments to  the  bill  entitled  "  An  act  extending  to  the  town  of  Brookline  in 
the  County  of  Windham  the  right  of  representation  in  the  Gen1  As- 
sembly," to  wit  :  "  The  Gov.  &  C.  have,  in  their  non  concurrence 
of  sd-  bill,  expressed  their  entire  disapprobation  of  the  principle  contained 
therein — but  owing  to  the  construction  heretofore  given  to  that  part  of 
the  constitution  of  this  State  that  relates  to  the  passing  laws,  (however 
erroneous  it  may  have  been,)  prevents  the  Gov.  &  Council  [the  Gov.  & 
Council  is  prevented]  from  the  exercise  of  that  power  given  to  them  for 
the  express  purpose  of  preventing  hasty  determinations  as  much  as 
possible.  The  amendment  is  proposed  with  a  view  to  the  exercise  of 
this  power,  should  the  bill  be  again  returned  to  them  "—which  was  read 
&  adopted — and  Ordered,  that  the  Sec'y  return  said  bill,  with  the  pro- 
posed amendment  &  reasons  aforesd>  to  the  House,  and  request  their 
concurrence. 

Recd-  from  the  House  a  bill  entitled  "  an  act  reviving  an  act  laying  a 
tax  on  Ryegate,"  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  land  tax  committee — whereupon,  Resolved  to  concur  in 
said  order.  Also,  received  M  An  act  relating  to  bastards  &  bastardy," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the  ju- 
diciary Commee-    Whereupon,  Resolved  to  concur  in  said  order. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  declaring  the  Academy  in  Bradford  to  be  a  County 
Grammar  School  in  the  County  of  Orange,"  which  was  read— whereupon, 
Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y  notify 
the  House  accordingly.  Also,  "  An  act  in  addition  to  an  act  establish- 
ing Bradford  Academy  in  the  County  of  Orange  a  County  Grammar 
School,"  which  was  read.  M>  Wetmore  moved  an  amendment  to  said 
bill,  which  was  adopted.  Whereupon,  Resolved  to  concur  in  passing  this 
bill  with  the  proposed  amendment.  Also,  "  An  act  in  addition  to  an  act 
entitled  an  act  defining  what  shall  be  deemed  a  legal  settlement,  &  for  the 
support  of  the  poor,  &  for  designating  the  duties  &  powers  of  the  overseers 
of  the  poor,  &  for  the  punishment  of  idle  &  disorderly  persons,"  which  was 
read.  Mr  Wetmore  proposed  an  amendment,  which  was  adopted. 
Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the  proposed 
amendment.  Ordered,  that  the  Sec'y  return  the  two  last  mentioned  bills 
to  the  House,  &  request  their  concurrence  to  the  proposed  amendments. 


46  Governor  and  Council — November  1822. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Nov.  1,  1822.  Besolved,  the  Gov.  &  Council  con- 
curring herein,  that  both  houses  meet  in  the  representatives'  room,  at 
3  o'clock  this  afternoon,  for  the  purpose  of  electing  a  Brigr  Gen1  to  fill 
the  vacancy  occasioned  by  the  resignation  of  Brig.  Gen1  Samuel  Cross  " 
— which  was  read.  Whereupon,  Besolved  to  concur.  Ordered,  that  the 
Sec'y  notify  the  House  accordingly. 

The  Council  took  up  the  bill  entitled  "  An  act  laying  a  tax  of  two 
cents  pr  acre  on  the  town  of  Kellyvale  "  [Lowell,]  which  was  read,  & 
committed  to  Mr-  Hatch  to  consider  &  report  thereon. 

The  petition  of  Caroline  Southard,  who  is  now  confined  in  Chittenden 
County  Jail,  for  a  remission  of  a  fine,  was  taken  up  &  read — whereupon, 
on  motion  of  Mr-  Judd,  Ordered  that  said  petition  be  dismissed. 

Mr-  Butler,  from  the  committee  to  whom  was  referred  the  bill  entitled 
"An  act  in  addition  to  an  act  establishing  permanent  fees  &  salaries," 
reported  the  same  with  several  amendments,  which  were  read  and 
adopted.  Whereupon,  Besolved  to  concur  in  passing  said  bill  with  the 
proposed  amendments.  Ordered,  that  said  bill  be  returned  to  the  House 
by  Mr-  Butler,  who  is  appointed  to  assign  the  reasons  of  Council.  &  re- 
quest the  concurrence  of  the  House. 

Adjourned  to  2  o'clock  P.  M. 

Nov.  1,  2  o'clock  P.  M.— Mr-  Hatch  reported  the  bill  entitled  "An 
act  laying  a  tax  of  two  cents  per  acre  on  the  town  of  Kellyvale"  [Low- 
ell,] with  an  amendment  —  which  was  read  &  adopted.  Whereupon, 
Besolved  to  concur  in  passing  said  bill  with  the  proposed  amendment. 
Mr-  Hatch  was  appointed  to  report  reasons,  who  forthwith  reported  the 
following,  to  wit:  "That  part  of  the  bill,  which  it  is  proposed  to  erase, 
is  extraneous  &  unnecessary,  if  not  improper  to  be  incorporated  in  the 
bill" — which  was  read  &  adopted  —  and  Ordered,  that  the  Sec'y  return 
said  bill,  with  the  proposed  amendment  &  reasons,  to  the  House,  and 
request  their  concurrence. 

The  Gov.  &  Council  attended  in  the  Representatives'  room  for  the 
purpose  of  electing  a  Judge  of  the  Supreme  Court,  &  a  Brig.  Gen1 — after 
which  they  returned  to  the  Council  Chamber.1 

The  Council  took  up  the  bill  entitled  "An  act  authorizing  the  Quarter 
Master  General  to  purchase  a  piece  of  ordnance,"  which  was  again  read. 
Whereupon,  Besolved  to  concur  in  passing  this  bill.  Ordered,  that  the 
Sec'y  notify  the  House  accordingly.    Adjourned. 


Satukday  Nov.  2, 1822.    9  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
"In  Genl  Assembly  Nov.  1, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Coram"  of  Ways  &  Means  be  instructed  to 
inquire  into  the  expediency  of  providing  by  law  for  the  purchase  of  a 
copy  of  Hutchinson's  edition  of  Whitelaw's  map  of  this  State,  for  each 
town  in  this  State,  to  be  deposited  in  the  office  of  each  town  clerk;  and 
report  by  bill  or  otherwise  " —  which  was  read  —  whereupon,  Besolved  to 
concur. 

Received  from  the  House  the  letter  communicated  by  the  Gov.  to  the 
House  on  the  1.  inst.  containing  the  refusal  of  James  Elliot  Esq.  to  ac- 

1  Charles  K.  Williams  was  elected  Judge,  and  Elisha  Hopkins  Brig. 
General. 


Governor  and  Council — November  1822.  47 

cept  the  office  of  States  Att^-  for  the  County  of  Windham,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  members  from 
Windham  County,  to  join  from  Council,  whereupon,  Besolved  to  concur 
in  said  order,  and  Mr-  Phelps  was  appointed  from  Council. 

Recd-  from  the  House  a  bill  entitled  "an  act  directing  the  Treasurer  to 
pay  Calvin  Winslow  the  sum  therein  mentioned,"  with  an  order  of  the 
House  thereon  that  the  same  be  refd-  to  the  Comee  of  Claims.  Where- 
upon, Besolved  to  concur  in  said  order.  Also,  "an  act  establishing  a 
County  Grammar  School  in  the  town  of  Londonderry  in  the  County  of 
Windham,"  and  the  report  of  the  commee  thereon,  with  an  order  of  the 
House  that  the  same  be  recommitted  to  a  committee  of  4  to  join  from 
Council.  Whereupon,  Besolved  to  concur  in  said  order  —  and  Mr-  Judd 
was  appointed  from  Council. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  dividing  the  State  into  districts  for  electing  represent- 
atives to  the  Congress  of  the  United  States  &  directing  the  mode  of  their 
election" — which  was  read  &  ordered  to  lie  on  the  table.  Also,  "an  act 
incorporating  the  persons  therein  named  by  the  name  of  the  Winooskie 
Cotton  &  Woolen  Manufacturing  Company" — which  was  read.  Mr- 
Phelps  moved  to  amend  the  bill  by  striking  out  the  4.  sec.  which  was 
adopted.  Whereupon  Besolved  to  concur  in  passing  said  bill  with  the 
proposed  amendment.  Mr-  Phelps  was  appointed  to  report  reasons; 
who  reported  the  following,  to  wit:  "Because  the  act  entitled  'an  act 
for  the  regulation  of  manufacturing  and  turnpike  corporations'  renders 
the  section,  proposed  to  be  stricken  out,  superfluous"  —  which  was  read 
&  adopted — and  Ordered,  that  the  Sec'y  return  said  bill,  with  the  pro- 
posed amendment  &  reasons,  to  the  House,  &  request  their  concurrence. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Council  took  up  the  bill  entitled  "An  act 
dividing  the  State  into  districts  for  electing  Representatives  to  the  Con- 
gress of  the  United  States,  and  directing  the  mode  of  their  election" 
and  committed  the  same  to  Messrs.  Butler,  Berry  &  Judd,  to  consider 
and  report  thereon. 

Adjourned  to  9  o'clock  on  Monday  morn.  next. 


Monday  Nov.  4, 1822.    9  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

On  motion  of  Mr  Hatch,  the  vote  dismissing  the  petition  of  Thomas 
Williams,  for  pardon,  was  reconsidered.  The  petition  was  again  read  & 
considered.  Whereupon,  on  motion  of  Mr-  Butler,  Ordered,  that  said 
petition  be  dismissed — Yeas  8,  Nays  2.  Those  who  voted  in  the  affirm- 
ative are  Messrs.  Butler,  Chittenden,  Dana  of  O.  Dana  of  C.  Hatch,  Judd, 
Phelps  &  Wetmore.     Nays,  Messrs.  Proctor  &  Stanley. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
**  In  Genl  Assembly  Nov.  2,  1822.  Besolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Commee  of  Ways  &  Means  be  instructed  to  en- 
quire into  the  expediency  of  passing  or  so  amending  the  law  '  ascertain- 
ing the  principles  on  which  the  list  of  this  State  shall  be  made,  &  direct- 
ing the  listers  in  their  office  &  duty,  &  the  several  acts  in  addition,'  as  to 
tax  all  monies  loaned  or  on  interest  within  this  State,  where  the  person 
or  persons  so  loaning  or  taking  securities  on  interest,  shall  live  without 
the  State  " — which  was  read — whereupon,  Besolved  to  concur. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Nov.  2, 1822.  Besolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Commee  of  Ways  &  Means  be  instructed  to  in- 


48  Governor  and  Council — November  1822. 

quire  into  the  expediency  of  passing  a  law  taxing  bank  stock  &  deposits 
the  same  as  money  on  hand  and  debts  due,  to  report  by  bill  or  other- 
wise " — which  was  read — whereupon,  Resolved  to  concur. 

Received  from  the  House  a  bill  entitled  u  an  act  explanatory  of  an  act 
therein  mentioned,"  with  an  order  of  the  House  that  the  same  be  refer- 
red to  the  Judiciary  Committee.  Whereupon,  Resolved  to  concur  in 
said  order. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  **  An  act  directing  the  Treasurer  to  pay  David  Hubbard  the  sum 
therein  mentioned,"  which  was  read.  Whereupon,  Resolved  to  concur 
in  passing  this  bill.  Also,  "  An  act  for  the  relief  of  Samuel  Taylor," 
which  was  read.  Whereupon,  Resolved  to  concur  in  passing  this  bill. 
Also,  "An  act  annexing  Parker's  Gore  to  the  town  of  Sherburne  in 
the  County  of  Rutland,"  which  was  read.  Whereupon,  Resolved  to 
concur  in  passing  this  bill.  Also,  "An  act  for  the  relief  of  John  Heath," 
which  was  read — whereupon,  Resolved  to  concur  in  passing  this  bill. 
Also,  "  An  act  assessing  a  tax  on  the  County  of  Orange,"  which  was 
read,  whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "An  act 
relating  to  proprietors'  records,"  which  was  read — whereupon,  Resolved 
to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y  notify  the  House 
of  the  passage  of  the  6  bills  last  mentioned. 

The  House  also  sent  up  for  revision  &c.  "  An  act  to  repeal  a  certain 
act  therein  mentioned" — which  was  read.  Mr-  Wetmore  proposed  an 
amendment  to  the  title  of  said  bill — which  was  adopted.  Whereupon, 
Resolved  to  concur  in  passing  said  bill  with  the  proposed  amendment. 
The  following  reasons  for  said  amendment  were  adopted,  viz.  "The 
Council  consider,  that  the  title  of  every  bill  should  give  a  concise  indi- 
cation of  its  subject  matter  ;  otherwise  it  will  be  impossible  to  trace  its 
progress  upon  the  journal  of  either  house.  Moreover  it  will  be  found 
by  a  recurrence  to  the  statute-book  that  the  absurd  practice  has  pre- 
vailed of  giving  the  same  title  to  several  laws,  providing  for  separate  and 
distinct  subjects."  Ordered,  that  the  Sec'y  return  said  bill,  with  the 
proposed  amendment  &  reasons  aforesd>  to  the  House,  &  request  their 
concurrence. 

The  House  also  sent  up  for  revision  &c.  "  An  act  altering  the  name 
of  the  corporation  of  Castleton  Medical  Academy  to  the  corporation  of 
the  Yermont  Academy  of  Medicine,"  which  was  read,  and  ordered  to  lie 
on  the  table.  Also,  "  An  act  altering  the  name  of  Pliny  Doubleday," 
which  was  read,  and  ordered  to  lie  on  the  table.  Also,  "  An  act  author- 
izing the  guardian  of  Joseph  Nightingale  (a  uon  compos)  to  sell  certain 
lands  situate  within  this  State,"  which  was  read,  and  ordered  to  lie  on 
the  table.  Also,  "  An  act  in  addition  to  an  act  entitled  an  act  constitut- 
ing the  Supreme  Court "  &c.  which  was  read,  &  ordered  to  lie  on  the 
table. 

A  message  was  received  from  the  House,  by  Mr-  Haight,  one  of  its 
members,  who  returned  the  bill  entitled  ''An  act  in  addition  to  an  act 
establishing  permanent  salaries  and  fees,"  and  informed  that  the  House 
have  concurred  in  the  l8t>  2d  &  4th  amendments  proposed  by  the  Gov.  & 
Council  to  said  .bill,  and  have  non  concurred  in  the  3d>  5th  &  6th — and  Mr- 
Haight  having  assigned  the  reasons  of  the  House,  withdrew.  Where- 
upon, on  motion  of  Mr-  Butler,  Resolved,  that  the  Council  do  rescind  the 
said  3d-  5th  &  6th  proposed  amendments,  and  Ordered,  that  said  bill  be 
recommitted  to  Messrs.  Butler,  Hatch  &  Wetmore,  to  consider  &  report 
thereon. 

Adjourned  to  2  o'clock  P.  M. 


G-overnor  and  Council — November  1822.  49 

2  o'clock  P.  M.— The  Gov.  &  Council  met  &c. 

Mr-  Wetmore  introduced  the  following  resolution,  to  wit  :  "  In 
Council  Nov.  4, 1822.  Resolved,  the  Hon.  House  of  Reps8  concurring 
herein,  that  the  Judiciary  Commee  be  instructed  to  inquire  into  the 
expediency  of  authorizing  the  Supreme  Court  to  empower  guardians  of 
minors,  idiots  &  distracted  persons,  residing  without  this  State,  to  sell 
&  convey  the  real  estate  of  their  wards  &c.  lying  and  being  in  this  State: 
also,  for  admrs  to  sell  the  real  estate  of  any  intestate  estate,  whenever 
the  sale  thereof  shall  be  conducive  to  the  interest  of  the  minor  heirs 
of  said  estate;  &  to  report  by  bill  or  otherwise"  —  which  was  read  & 
adopted. 

Received  from  the  House  a  bill  entitled  "  an  act  incorporating  & 
establishing  a  County  Grammar  School  in  Chelsea  in  the  County  of 
Orange,  by  the  name  of  the  Chelsea  Academy,"  with  an  order  of  the 
House  that  the  same  be  referred  to  the  members  from  Orange  County, 
to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order — 
and  Mr-  Dana  of  O.  was  appointed  from  Council. 

The  Governor  informed  the  Council  that  he  approves  of  the  division 
of  the  Militia  into  Divisions  &  Brigades,  as  advised  by  the  Council— and 
that  he  has  directed  the  Adjutant  &  Inspector  Gen1  to  issue  an  order 
accordingly. 

Mr-  Wetmore  introduced  a  bill  entitled  "an  act  for  the  prevention  of 
frauds  &  perjuries"  —  which  was  read  &  committed  to  the  Judiciary 
Committee,  to  consider  and  report  thereon. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "An  act  in 
addition  to  an  act  entitled  an  act  constituting  the  Supreme  Court  of 
Judicature  &  County  Courts,  defining  their  powers  &  regulating  judicial 
proceedings,"  which  was  again  read.  Whereupon,  on  motion  of  Mr- 
Butler,  Resolved  to  nonconcur  in  passing  this  bill,  and  The  Council 
assign  as  a  reason  for  their  non  concurrence,  that  the  first  section  of  the 
bill  is  the  same  in  substance  as  the  one  proposed  to  be  repealed  by  the 
second  section.  Ordered,  that  the  Sec'y  return  said  bill  and  reasons  to 
the  House. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Tuesday  Nov.  5, 1822.    9  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

A  communication  was  received  from  the  Speaker  of  the  House 
informing  that  the  House  have  concurred  in  the  amendments  proposed 
to  bills  with  the  following  titles,  to  wit:  "An  act  laying  a  tax  of  two 
cents  pr-  acre  on  the  town  of  Kellyvale"  [Lowell] — "An  act  in  addition 
to  an  act  establishing  Bradford  Academy  in  the  County  of  Orange  a 
County  Grammar  School" -"An  act  establishing  a  corporation  by  the 
name  of  the  Winhall  Turnpike  Company" — "An  act  altering  the  name  of 
Rohana  Needham  Cutter  to  that  of  Rohana  Cutter  Needham" — "An  act 
in  addition  to  an  act  entitled  an  act  defining  what  shall  be  deemed  a 
legal  settlement,  &  for  the  support  of  the  poor,  for  designating  the  duties 
and  powers  of  overseers  of  the  poor,  and  for  the  punishment  of- idle  and 
disorderly  persons." 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Nov.  4, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Judiciary  Committee  be  directed  to  inquire 
what  alterations,  if  any,  ought  to  be  made  relative  to  taking  &  sub- 
scribing the  oath  administered  to  Justices  of  the  peace;  Also,  the  expe- 

4 


50  Governor  and  Council — November  1822. 

diency  of  providing  a  penalty  for  officiating  as  such,  unless  previously 
qualified  according  to  law;  Also,  the  expediency  of  providing  that  Jus- 
tices of  the  peace,  after  being  duly  sworn,  shall  deposit  a  certificate 
thereof  in  the  County  Clerk's  office  in  the  County  in  which  said  Justices 
reside,  and  report  by  bill  or  otherwise" — which  was  read —  whereupon, 
Resolved  to  concur. 

Received  from  the  House  the  petition  of  Jonathan  Fassett,  &  report 
of  the  committee  thereon,  with  an  order  of  the  House  that  the  same  be 
recommitted  to  the  same  committee.  Whereupon,  Resolved  to  concur 
in  said  order.  Also,  received  a  bill  entitled  "an  act  in  addition  to  an 
act  constituting  a  Court  of  Chancery"— also  "an  act  in  addition  to  an 
act  entitled  an  act  constituting  the  Supreme  Court"  &c.  with  an  order 
on  each  that  the  same  be  committed  to  the  Judiciary  Committee. 
Whereupon,  Resolved  to  concur  in  said  orders.  Also,  received  a  bill 
entitled  "an  act  laying  a  tax  of  four  cents  per  acre  on  the  town  of  Brook- 
line,"  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  land  tax  committee.     Whereupon,  Resolved  to  concur  in  said  order. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  Resolved,  the  Gov.  &  Council  concurring  herein,  that  both  houses  meet 
in  the  representatives'  room,  on  Wednesday  next  at  seven  o'clock  in  the 
forenoon,  for  the  purpose  of  adjourning  both  houses  without  day  " — 
which  was  read  &  ordered  to  lie  on  the  table. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  laying  a  tax  of  one  and  a  half  cents  per  acre  on  the 
town  of  Navy  "  [Charleston,]  which  was  read.  Whereupon,  Resolved  to 
concur  in  passing  this  bill.  Also,  "  An  act  authorizing  the  selectmen 
of  St.  Albans  to  alter  part  of  a  road  therein  mentioned" — which  was 
read.  Whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "  An 
act  laying  a  tax  of  two  cents  per  acre  on  the  town  of  Newark  " — which 
was  read.  Whereupon,  Resolved  to  concur  in  passing  this  bill.  Also, 
"  An  act  in  addition  to  an  act  regulating  marriage  &  divorce,  passed 
Feb.  28,  1797  " — which  [was]  read  &  ordered  to  lie  on  the  table.  Also, 
"  An  act  laying  a  tax  of  three  cents  per  acre  on  the  township  of  Worces- 
ter in  the  County  of  Washington,"  which  was  read  &  ordered  to  lie  on 
the  table.  Also,  "  An  act  repealing  an  act  therein  mentioned,"  (taxing 
pedlars,)  which  was  read  &  ordered  to  lie  on  the  table.  Also,  "  An  act 
to  enable  Benjamin  Hall  of  Montreal  in  the  province  of  lower  Canada  to 
hold  lands  within  this  State,"  which  was  read  &  committed  to  Mr-  Wet- 
more  to  consider  &  report  thereon. 

Mr-  Butler,  from  the  committee  to  whom  was  referred  the  bill  entitled 
"  An  act  dividing  the  State  into  districts  for  electing  representatives  to 
the  Congress  of  the  U.  States,  &  directing  the  mode  of  their  election," 
reported  the  same  with  proposed  amendments,  which  were  read  & 
adopted.  Several  other  amendments  were  proposed  and  adopted — and 
said  bill  was  again  committted  to  Messrs.  Hatch  &  Butler  for  further 
amendment. 

The  Council  resumed  the  consideration  of  the  bill  entitled  "An  act  in 
addition  to  an  act  regulating  marriage  &  divorce,"  which  was  again  read 
—  whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "An  act 
authorizing  the  guardian  of  Joseph  Nightingale  (a  non  compos)  to  sell 
certain  lands  situate  within  this  State,"  which  was  again  read.  Where- 
upon, Resolved  to  concur  in  passing  this  bill.  Also,  **  An  act  altering  the 
name  of  the  corporation  of  Castleton  Medical  Academy  to  the  corpora- 
tion of  Vermont  Academy  of  Medicine" — which  was  again  read — where- 
upon, on  motion  of  Mr-  Berry,  Resolved  to  non  concur  in  passing  this 
bill.  Mr-  Berry  was  appointed  to  report  reasons.  Also,  tkAn  act  re- 
pealing an  act  therein  mentioned,"  which  was  again  read.    Whereupon, 


Governor  and  Council — November  1822.  51 

on  motion  of  Mr-  Judd,  Resolved  to  non  concur  in  passing  this  bill.  Mr- 
Butler  was  appointed  to  report  reasons. 

Mr-  Butler,  from  the  committee  to  whom  was  referred  the  bill  entitled 
"  An  act  in  addition  to  an  act  establishing  permanent  salaries  &  fees," 
reported  the  same  with  further  amendments,  which  were  read  &  adopted. 
Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the  proposed 
additional  amendments.  Ordered,  that  this  bill  with  the  proposed 
amendments  be  returned  to  the  Rouse  by  Mr-  Wetmore,  who  is  ap- 
pointed to  assign  the  reasons  of  Council,  &  request  the  concurrence  of 
the  House.  Ordered,  that  the  Sec'y  return  to  the  House  the  five  bills 
concurred  in  this  day,  &  notify  the  House  accordingly. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Wednesday  Nov.  6, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
kt  In  Genl  Assembly  Nov.  5,  1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  a  committee  consisting  of  the  Members  of  Windsor 
County,  to  join  from  Council,  be  instructed  to  inquire  into  the  expedi- 
ency of  altering  the  times  of  holding  the  County  Court  in  the  County  of 
Windsor,  and  to  report  by  bill  or  otherwise,"  which  was  read — where- 
upon, Resolved  to  concur,  and  Messrs.  Hatch  &  Proctor  were  appointed 
from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Nov.  5, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  a  committee  consisting  of  the  Members  from  the 
County  of  Orleans,  to  join  from  Council,  be  instructed  to  inquire  into  the 
expediency  of  altering  the  time  of  holding  the  County  Court  in  said 
County;  and  report  by  bill  or  otherwise  " — which  was  read — whereupon, 
Resolved  to  concur — and  Mr-  Stanley  was  appointed  from  Council. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  directing  the  Treasurer  of  this  State  to  pay  Horace 
Evans  the  sum  therein  mentioned"  —  which  was  read.  Whereupon, 
Resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  notify 
the  House  accordingly.  Also,  an  act  laying  a  tax  of  two  cents  per  acre 
on  the  town  of  Hydepark" — which  was  read.  Mr-  Stanley  proposed  an 
amendment,  which  was  adopted  —  whereupon,  Resolved  to  concur  in 
passing  this  bill  with  the  proposed  amendment.  Ordered,  that  the  Sec'y 
notify  the  House  accordingly  &  request  their  concurrence  in  the  pro- 
posed amendment. 

Mr-  Butler  reported  the  following  as  reasons  for  nonconcuring  in  pass- 
ing the  bill  entitled  "An  act  to  repeal  an  act  therein  mentioned" — to 
wit:  "The  law  proposed  to  be  repealed  has  scarcely  gone  into  opera- 
tion; and  its  good  or  evil  tendency  has  not  been  tested  by  experience — 
consequently  no  reason  can  be  urged  for  its  repeal  but  what  might  have 
been  advanced  last  year  against  its  enactment.  The  Council  are  more- 
over of  opinion,  that  the  tax  imposed  on  pedlars  by  the  act  in  question, 
will  produce  salutary  effects  —  and  they  protest  against  that  course  of 
legislation  which  induces  the  enactment  of  laws  at  one  session,  and  their 
repeal  at  the  next,  without  any  apparent  reason  "  —  which  was  read  & 
adopted— and  Ordered,  that  said  bill,  with  the  reasons  aforesd>  be  returned 
by  the  Sec'y  to  the  House. 

The  Council  proceeded  to  the  election  of  a  Surveyor  of  Public  Build- 
ings—  and  the  ballots  having  been  taken,  sorted  &  counted,  it  appeared 
that  Joshua  Y.  Vail  Esq.  was  duly  elected. 


52  Governor  and  Council — November  1822. 

Mr-  Chittenden  introduced  the  following  resolution,  to  wit :  "In 
Council  Nov.  6, 1822.  Besolved,  that  his  Excellency  be  requested  to 
appoint  the  2d  Wednesday  of  April  next,  to  be  set  apart  as  a  day  of 
fasting  &  prayer;  &  that  he  issue  his  proclamation  accordingly" — which 
was  read  and  adopted. 

Mr-  Wetmore,  from  the  Judiciary  Committee,  to  whom  was  referred 
the  bill  entitled  "  An  act  for  the  prevention  of  frauds  and  perjuries,"  re- 
ported the  same  without  amendment — and  the  same  was  again  read  and 
passed.  Ordered,  that  the  Sec'y  carry  said  bill  to  the  House,  &  request 
their  concurrence. 

The  Council  took  up  the  communication  from  the  Gov.  of  Canada, 
which  was  laid  before  the  Council  on  the  19.  Oct.— whereupon,  Resolved 
that  his  Excellency  the  Gov.  be  advised  to  communicate  the  subject  & 
the  evidence  to  the  Government  of  the  U.  States,  and  to  inform  the 
Gov.  of  Canada  of  the  proceedings,  together  with  the  evidence  furnished 
on  the  part  of  the  persons  accused.  Mr-  Phelps  withdrew  the  resolution 
introduced  by  him  on  this  subject  on  the  19.  ultimo. 

Mr-  Hatch,  from  the  Committee  to  whom  was  committed  the  bill  enti- 
tled "An  act  dividing  the  State  into  districts  for  electing  representatives 
to  the  Congress  of  the  United  States,  and  directing  the  mode  of  their 
election,"  reported  the  same  with  further  amendments,  which  were  read. 
Mr-  Hatch  moved  to  reconsider  the  vote  annexing  Chelsea  &c.  to  the  3d- 
district.  Mr-  Wetmore  moved  to  include  also  a  reconsideration  of  the 
vote  annexing  Pawlet  &c.  to  the  2d-  distiict.  Mr-  Wetmore's  amendment 
was  adopted  and  the  question  to  reconsider  being  put,  was  carried  in  the 
affirmative.  Whereupon,  Resolved  to  concur  in  passing  said  bill  as 
amended.  Ordered  that  said  bill  &  amendments  be  carried  to  the  House 
by  Mr-  Berry,  who  is  appointed  to  assign  the  reasons  of  Council  &  re- 
quest the  concurrence  of  the  House.  Oh  passing  said  bill  as  amended, 
there  were  Yeas  8,  Nays  3.  Those  who  voted  in  the  affirmative  are 
Messrs.  Chittenden,  Dana  of  C.  Hatch,  Judd,  Phelps,  Proctor,  Stanley  & 
Wetmore.  Those  who  voted  in  the  negative  are  Messrs.  Berry,  Butler 
&  Dana  of  O. 

Mr-  Stanley  introduced  a  bill  entitled  "  An  act  directing  the  Treasurer 
to  pay  the  administrators  of  the  late  Clerk  of  the  House  the  sum  therein 
mentioned"— which  was  read  &  referred  to  the  Committee  of  Claims. 

Mr-  Wetmore,  to  whom  was  committed  the  bill  entitled  "  An  act  to 
enable  Benjamin  Hall,  of  Montreal  in  the  province  of  lower  Canada,  to 
hold  lands  in  this  State,"  reported  the  same  with  amendments— which 
were  read  &  adopted.  Whereupon,  Resolved  to  concur  in  passing  said 
bill  with  the  proposed  amendments— and  Ordered,  that  said  bill  and 
amendments  be  carried  to  the  House  by  Mr-  Wetmore,  who  is  appointed 
to  assign  the  reasons  of  Council,  &  request  the  concurrence  of  the 
House. 

Adjourned  until  9  o'clock  to-morrow  morning. 


Thursday  Nov.  7, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

Mr-  Hatch  asked  for  &  obtained  leave  of  absence  during  the  remainder 
of  the  session. 

Keceived  from  the  House  of  representatives  the  petition  of  Silas 
Hathaway  for  a  new  trial,  with  an  order  of  the  House  thereon  that  the 
same  be  recommitted  to  the  Committee  of  New  Trials.  Whereupon, 
Resolved  to  concur  in  said  order  of  recommitment.  Also  received  the 
bill  entitled  "  an  act  in  addition  to  an  act  entitled  an  act  reducing  into 


Governor  and  Council — November  1822.  53 

one  the  several  acts  for  laying  out,  making,  repairing  and  clearing  high- 
ways," with  an  order  of  the  House  that  the  same  be  recommitted  to  the 
Judiciary  Committee.     Whereupon,  Resolved  to  con'cur  in  said  order. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Nov.  6,  1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Judiciary  committee  be  instructed  to  inquire 
into  the  expediency  of  passing  a  law  more  effectually  to  prevent  gambling 
throughout  this  State,  and  report  by  bill  or  otherwise" — which  was  read 
— whereupon,  Resolved  to  concur. 

Received  from  the  House  a  bill  entitled  "an  act  altering  the  time  of 
holding  the  September  term  of  the  County  Court  for  the  County  of 
Washington,"  with  an  order  of  the  House  that  the  same  be  referred  to 
the  Members  from  Washington  County,  to  join  from  Council.  Where- 
upon, Resolved  to  concur  in  said  order,  and  Mr-  Butler  was  appointed 
from  Council. 

The  Council  took  up  the  resolution,  sent  up  by  the  House  on  the 
5.  inst.  appointing  a  time  for  the  adjournment  of  the  legislature,  and 
amended  the  same — whereupon,  Resolved  to  concur,  with  the  proposed 
amendment.  Ordered,  that  the  Sec'y  notify  the  House  and  request  their 
concurrence. 

Mr-  Wetmore  moved  to  reconsider  the  vote  non  concurring  in  passing 
the  bill  entitled  "An  act  altering  the  name  of  the  corporation  of  Castleton 
Medical  Academy  to  the  corporation  of  Vermont  Academy  of  Medicine" 
— which  was  determined  in  the  affirmative,  and  the  bill  was  again  read 
— whereupon,  Resolved  to  concur  in  passing  this  bill,  Ordered,  that  the 
Sec'y  notify  the  House  accordingly. 

A  message  was  received  from  the  House  by  Mr-  Robinson  of  B.  one  of 
its  members,  who  returned  the  bill  entitled  "An  act  in  addition  to  an 
act  entitled  an  act  constituting  the  Supreme  Court  of  Judicature  & 
County  Courts,  defining  their  powers  &  regulating  judicial  proceedings," 
which  was  non  concurred  by  the  Gov.  &  Council  on  the  4.  inst.  and 
informed  that  the  House  have  again  passed  said  bill,  in  which  they 
desire  the  concurrence  of  the  House — and  Mr-  Robinson  having  assigned 
the  reasons  of  the  House,  withdrew.  The  bill  was  again  read  —  where- 
upon, Resolved  to  concur  in  passing  said  bill.  Ordered,  that  the  Sec'y 
notify  the  House  accordingly. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  appointing  a  collector  for  the  town  of  Peacham,"  which 
was  read,  whereupon,  on  motion  of  Mr-  Butler,  Resolved  to  non  concur 
in  passing  this  bill  —  and  Mr- Butler  was  appointed  to  report  reasons, 
who  reported  the  following,  to  wit:  "First  —  The  13.  sec.  of  the  act 
regulating  the  collection  &  payment  of  rates,  passed  the  17.  Oct.  1797,  is 
ample  &  sufficient  to  answer  all  the  principal  purposes  intended  by  the 
present  bill.  Second — If  it  is  thought  the  General  laws  on  this  subject 
are  insufficient,  they  ought  to  be  amended,  rather  than  pass  private  acts 
to  meet  every  case  that  may  occur  " — which  was  read  &  adopted,  and 
Ordered,  that  the  Sec'y  carry  said  bill  &  reasons  to  the  House  of  repre- 
sentatives. 

A  message  was  received  from  the  House  by  Mr-  Collamer,  one  of  its 
members,  who  returned  the  bill  entitled  "An  act  in  addition  to  an  act 
establishing  permanent  salaries  &  fees,"  &  informed  that  the  House  non 
concurred  in  the  amendments  last  proposed  by  the  Gov.  &  Council,  & 
request  their  concurrence  in  passing  the  bill — and  Mr-  Collamer  having 
assigned  the  reasons  of  the  House,  withdrew.  The  bill  was  recom- 
mitted to  Messrs.  Butler,  Wetmore  &  Dana  of  O.  to  consider  and  report 
thereon. 

A  communication  was  received  from  the  Speaker  of  the  House,  in- 


54  Governor  and  Council — November  1822. 

forming  that  the  House  have  concurred  in  the  amendments  proposed  to 
the  bills  with  the  following  titles,  viz.  "An  act  incorporating  the  per- 
sons therein  named  by  the  name  of  the  Winooskie  Cotton  &  Woolen 
Manufacturing  Company,"  &  "an  act  to  repeal  an  act  therein  mentioned." 

The  Council  resumed  the  consideration  of  the  bill  entitled  "An  act 
altering  the  name  of  Pliny  Doubleday,"  which  was  again  read — where- 
upon, Resolved  to  concur  in  passing  this  bill. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  in  addition  to  an  act  entitled  an  act  for  the  distribution 
of  laws  &  journals  &  other  public  papers,"  which  was  read.  Where- 
upon, Resolved  to  concur  in  passing  this  bill.  Also,  "An  act  annexing  a 
part  of  the  town  of  Waitsfield  to  the  town  of  Northfield,"  which  was 
read.  Whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "An 
act  to  revive  an  act  entitled  an  act  laying  a  tax  of  three  cents  on  each 
acre  of  land  in  the  township  of  Ryegate,  passed  .Nov.  7, 1820" -which 
was  read.  Whereupon,  Resolved  to  concur  in  passing  this  bill.  Also, 
"An  act  laying  a  tax  of  four  cents  per  acre  on  the  town  of  Goshen" — 
which  was  read.  Whereupon,  Resolved  to  concur  in  passing  this  bill. 
Ordered,  that  the  Sec'y  notify  the  House  of  the  passage  of  the  5  bills  last 
mentioned. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Friday  Nov.  8, 1822.    9  o'clock  A.  M. 
,    The  Gov.  &  Council  met  agreeably  to  adjournment. 

Mr-  Wetmore,  from  the  committee  to  whom  was  referred  the  bill 
entitled  "An  act  in  addition  to  an  act  establishing  permanent  salaries  & 
fees,"  reported  the  same  with  further  amendments.  Mr-  Wetmore 
moved  that  the  Council  do  rescind  the  amendments  last  proposed  by 
the  Council,  &  which  were  disagreed  to  by  the  House — and  the  question 
being  put  on  said  motion,  it  was  determined  in  the  affirmative.  The 
amendments  reported  by  Mr-  Wetmore  were  read  and  adopted.  Where- 
upon, Resolved  to  concur  in  passing  this  bill  as  amended.  Ordered,  that 
the  Sec'y  carry  said  bill  to  the  House  &  request  their  concurrence  in  the 
proposed  amendments. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  to  incorporate  the  Philomathesian  Society  in  Middle- 
bury  College,"  which  was  read  &  committed  to  Mr-  Judd  to  consider  & 
report  thereon.  Also,  "An  act  to  incorporate  the  Beneficent  Society  in 
Middlebury  College,"  which  was  read,  &  committed  to  Mr-  Judd  to  con- 
sider &  report  thereon.  Also,  "  An  act  authorizing  the  probate  court 
for  the  district  of  Addison  to  license  the  administrators  of  the  estate  of 
Levi  Walker  late  of  Whiting,  deceased,  to  sell  lands,"  which  was  read 
—  and  the  question  was  put,  "Will  the  Council  concur  in  passing  this 
bill?"  which  was  determined  in  the  negative  unanimously.  Nays  10. 
Those  who  voted  in  the  negative  are,  the  Lt.  Gov.  Messrs.  Butler,  Chit- 
tenden, Dana  of  O.  Dana  of  C.  Judd,  Phelps,  Proctor,  Stanley  &  Wetmore. 
So  it  was  Resolved  to  non  concur  in  passing  this  bill,  and  Mr-  Wetmore 
was  appointed  to  report  the  reasons  of  Council  for  their  non-concurrence; 
who  reported  the  following,  to  wit:  "The  Gov.  &  Council  consider  it 
inexpedient  to  pass  said  bill  from  a  consideration  that  it  will  not  con- 
duce to  the  interest  of  the  minor  children,  heirs  to  said  estate.  Also, 
doubts  have  arisen  whether  the  lands  named  in  the  bill  are  not  by  law 
vested  in  the  heirs  of  the  intestate" — which  was  read  &  adopted,  and 
Ordered,  that  the  Sec'y  carry  said  bill  &  reasons  to  the  House. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 


Governor  and  Council — November  1822.  55 

"  In  Genl  Assembly  Oct.  29, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  his  Excellency  the  Gov.  be  requested  to  exchange 
maps  of  this  State  with  the  Governors  of  the  several  States  in  the  Union 
for  the  maps  of  said  States,  upon  such  terms  as  to  him  shall  seem  proper 
—  and  that  a  sum  not  exceeding  two  hundred  dollars  be  subject  to  the 
order  of  the  Gov.  for  that  purpose  out  of  any  monies  in  the  Treasury  not 
otherwise  appropriated,"  which  was  read  —  whereupon,  Resolved  to  con- 
cur in  passing  this  resolution. 

A  message  was  received  from  the  House  by  Mr-  Arnold,  one  of  its 
members,  who  returned  the  bill  entitled  "  An  act  extending  to  the  town 
of  Brookline,  in  the  County  of  Windham,  the  right  of  representation  in 
the  General  Assembly,"  and  informed  that  the  House  have  non  concur- 
red in  the  amendments  proposed  by  the  Gov.  &  Council,  rtnd  request 
the  Gov.  &  Council  to  concur  in  passing  said  bill — and  Mr  Arnold  hav- 
ing assigned  the  reasons  of  the  House,  withdrew.  Mr-  Butler  moved 
that  the  Gov.  &  Council  do  suspend  the  passing  of  this  bill  until  the 
next  session  of  the  legislature,  and  the  question  being  put  upon  said 
motion,  the  Council  were  equally  divided — whereupon,  his  Excellency 
the  Gov.  gave  his  casting  vote  in  the  affirmative — so  it  was  Resolved  to 
suspend  the  passing  of  this  bill  until  the  next  session  of  the  legislature. 
Ordered,  that  the  Sec'y  notify  the  House  accordingly. 

The  House  again  sent  up  for  concurrence  &c.  "  An  act  repealing  an 
act  therein  mentioned"  (Pedlars,)  which  was  non  concurred  by  the 
Gov.  &  C.  on  the  5-  inst. — whereupon,  Ordered,  that  said  bill  be  committed 
to  Messrs.  Phelps,  Butler  &  Stanley,  to  consider  &  report  thereon — who 
afterwards  reported  said  bill  with  amendments,  which  were  read  and 
adopted.  Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the 
amendments.     Mr  Phelps  was  appointed  to  report  reasons. 

The  Council  took  up  the  bill  entitled  "An  act  laying  a  tax  of  three 
cents  per  acre  on  the  township  of  Worcester  in  the  County  of  Washing- 
ton," which  was  again  read.  Whereupon,  Resolved  to  concur  in  passing 
this  bill. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  in  addition  to  an  act  entitled  an  act  in  addition  to  the 
several  acts  authorizing  the  Supreme  Court  to  appoint  Commissioners 
of  Jail  delivery,  passed  Nov.  16,  1821,"  which  was  read — whereupon, 
Resolved  to  concur  in  passing  this  bill.  Also,  "  An  act  to  preserve  the 
fish  of  the  several  waters  in  the  County  of  Rutland,"  which  was  read — 
whereupon,  Resolved  to  concur  in  passing  this  bill.  Also,  "  An  act  to 
preserve  the  fish  in  the  several  waters  in  the  County  of  Caledonia," 
which  was  read.  Whereupon,  Resolved  to  concur  in  passing  this  bill. 
Also,  '"An  act  making  the  necessary  appropriations  for  the  support  of 
Government,"  which  was  read.  Whereupon,  Resolved  to  concur  in  pass-a 
ing  this  bill.  Also,  "  An  act  directing  the  Treasurer  to  pay  Joshua  Y. 
Vail  the  sum  therein  mentioned,"  which  was  read.  Whereupon,  Re- 
solved to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y  notify  the 
House  of  the  passage  of  the  6  bills  last  mentioned. 

The  House  also  sent  up  for  revision  &c.  "  An  act  to  incorporate  the 
literary  society  of  Hinesburgh  " — which  was  read,  and  committed  to  Mr- 
Judd  to  consider  &  report  thereon. 

Mr  Judd  reported  the  bill  entitled  "  An  act  to  incorporate  the  Philo- 
mathesian  Society  in  Middlebury  College,"  with  amendments,  which 
were  read  &  adopted.  Whereupon,  Resolved  to  concur  in  passing  said 
bill  with  the  proposed  amendments. .  Mr-  Judd  also  reported  the  bill  en- 
titled "  An  act  to  incorporate  the  Beneficent  Society  in  Middlebury  Col- 
lege "  with  amendments,  which  were  read  &  adopted.  Whereupon, 
Resolved  to  concur  in  passing  said  bill  with  the  proposed  amendments. 


5$  Governor  and  Council — November  1822. 

Ordered,  that  the  Sec'y  carry  the  two  last  mentioned  bills  to  the  House, 
&  request  their  concurrence  in  the  amendments. 

A  communication  was  received  from  the  Speaker  of  the  House,  in- 
forming that  the  House  have  concurred  in  the  amendments  proposed  to 
the  bills  with  the  following  titles,  to  wit:  "  An  act  laying  a  tax  of  two 
cents  per  acre  on  the  town  of  Hydepark  " — "  An  act  in  addition  to  an 
act  entitled  an  act  constituting  the  Supreme  Court  of  Judicature  & 
County  Courts,  defining  their  powers  &  regulating  Judicial  proceedings  " 
— "An  act  to  enable  Benjamin  Hall,  of  Montreal  in  the  province  of  lower 
Canada,  to  hold  lands  within  this  State." 

The  House  sent  up  the  resolution  appointing  a  time  for  the  adjourn- 
ment of  the  legislature,  amended  so  as  to  adjourn  on  tuesday  next — 
which  was  read  and  ordered  to  lie  on  the  table. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Saturday  Nov.  9,  1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  establishing  a  County  Grammar  School  in  the  town  of 
Londonderry  in  the  County  of  Windham,"  which  was  read  &  committed 
to  Mr-  Phelps  to  consider  &  report  thereon.  Also,  "  An  act  in  addition 
to  the  act  entitled  an  act  constituting  the  Supreme  Court  of  Judicature 
&  County  Courts,  defining  their  powers,  &  regulating  judicial  proceed- 
ings," which  was  read.  Whereupon,  Besolved  to  concur  in  passing  this 
bill.  Also,  "  An  act  in  addition  to  an  act  entitled  an  act  to  empower  the 
Judges  of  the  Supreme  Court  to  grant  bills  of  divorce,  &  to  repeal  an  act 
therein  mentioned,"  which  was  read  &  ordered  to  lie  on  the  table — 
and  was  afterwards  called  up  &  read — whereupon,  Besolved  to  concur 
in  passing  this  bill.  Also,  "An  act  relating  to  bastards  &  bastardy," 
which  was  read.  Whereupon,  Besolved  to  concur  in  passing  this  bill. 
Ordered,  that  the  Sec'y  notify  the  House  of  the  passage  of  the  three  last 
mentioned  bills. 

The  House  also  sent  up  for  revision  &c.  "  An  act  allowing  interest  on 
Executions,"  which  was  read  &  committed  to  Mr  Dana  of  O.  to  consider 
&  report  thereon,  who  afterwards  reported  the  same  with  amendments, 
which  were  read  &  adopted.  Whereupon,  Besolved  to  concur  in  passing 
said  bill  with  the  proposed  amendments.  The  Council  assigned  the  fol- 
lowing reasons  for  said  amendments,  to  wit :  "They  consider  that  it  is 
unnecessary  to  alter  the  present  forms  prescribed  for  executions,  and 
that  requiring  new  matter  to  be  inserted  is  calculated  to  lead  those  who 
issue  them  into  mistakes.  The  Council  have  altered  the  phraseology  of 
the  other  part  of  the  bill  to  make  it  more  explicit."  Ordered,  that  the 
Sec'y  carry  said  bill  &  amendments,  with  the  reasons  aforesd»  to  the 
House,  &  request  their  concurrence. 

Mr-  Phelps  reported  the  following  reasons  for  the  amendments  pro- 
posed to  the  bill  entitled  "  An  act  repealing  an  act  therein  mentioned," 
(Pedlars,)  to  wit :  "  The  act  of  Nov.  11,  1806,  which  the  bill,  without 
amendment,  will  revive,  would,  in  its  operation,  be  unequal.  By  that 
act  there  is  no  difference  in  the  sums  to  be  paid  by  those  who  take 
licence,  whether  footmen  or  others.  But  it  is  known  that  there  are 
those  who  convey  large  quantities  of  goods  from  village  to  village 
throughout  the  State.  Assortments  are  not  unfrequently  transported, 
which  for  richness  &  variety  vie  with  the  stock  of  the  regular  merchant. 
People  of  every  description  are  called  on  to  buy,  the  goods  are  said  to  be 
cheap,  &  extensive  sales  are  made  to  the  no  small  profit  of  the  vendor. 


Governor  and  Council — November  1822.  57 

The  located  merchant  pays  his  shop  rent,  his  clerk  hire,  &  a  train  of  va- 
rious taxes,  from  the  payment  of  which  the  traveling  merchant  is  exempt. 
It  is  believed  the  payment  of  fifty  dollars  is  in  many  instances  an  incon- 
siderable equivalent  for  the  advantages  received  "—which  were  read  & 
adopted,  and  Ordered,  that  the  Sec'y  carry  said  bill  &  amendments,  with 
the  reasons  aforesd>  to  the  House,  &  request  their  concurrence. 

Received  from  the  House  a  bill  entitled  "  An  act  to  prevent  usury," 
with  an  order  of  the  House  that  the  same  be  recommitted  to  the  Judi- 
ciary Committee.     Whereupon,  Resolved  to  concur  in  said  order. 

The  Committee  to  whom  was  referred  the  petition  of  Jonathan  Ware, 
made  a  report,  concluding  with  the  following  resolution,  to  wit:  "  He- 
solved,  that  Jonathan  Ware,  for  his  peculiar  method  of  instruction  in  the 
principles  of  grammar  &  language,  merits  the  public  patronage,"  which 
was  read  &  adopted. 

Mr-  Judd,  to  whom  was  committed  the  bill  entitled  "  An  act  to  incor- 
porate the  literary  Society  of  Hinesburgh,"  reported  the  same  with 
amendments,  which  was  read  &  adopted.  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill  with  the  proposed  amendments.  Ordered,  that  the 
Sec'y  notify  the  House  accordingly,  and  request  their  concurrence  in  the 
proposed  amendments. 

The  House  sent  up  for  revision  &  concurrence  &c.  a  bill  entitled  "  An 
act  directing  the  Treasurer  of  this  State  to  suspend  the  issuing  of  an  ex- 
tent against  the  town  of  Lyndon  for  the  time  therein  mentioned,"  which 
was  read — whereupon,  Resolved  to  concur  in  passing  this  bill.  Also, 
"  An  act  laying  a  tax  of  four  cents  per  acre  on  the  town  of  Brookline," 
which  was  read — whereupon,  Resolved  to  concur  in  passing  this  bill. 
Also,  "  An  act  directing  the  Treasurer  to  pay  Calvin  Winslow  the  sum 
therein  mentioned,"  which  was  read.  Whereupon,  Resolved  to  concur 
in  passing  this  bill.  Also,  "  An  act  assessing  a  tax  for  the  support  of 
government,"  which  was  read.  Whereupon,  Resolved  to  concur  in  pass- 
ing this  bill.  Also,  "  An  act  altering  the  times  of  holding  the  Supreme 
Court  in  the  Counties  therein  mentioned,"  which  was  read.  VVhere- 
upon,  Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y 
notify  the  House  of  the  passage  of  the  five  last  mentioned  bills. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  '*  An  act  to  revive  an  act  entitled  an  act  granting  a  new  trial  in 
the  cause  of  Heman  Allen  against  Silas  Hathaway  &  Uzal  Pierson," 
which  was  read,  and  the  question  was  put— "Will  the  Council  concur  in 
passing  this  bill?"  which  was  determined  in  the  negative — Yeas  5,  Nays 
6.  Those  who  voted  in  the  affirmative  are  Messrs.  Butler,  Dana  of  O. 
Dana  of  C.  Proctor  &  Stanley.  Those  who  voted  in  the  negative  are  the 
Lt.  Gov.  Messrs.  Berry,  Chittenden,  Judd,  Phelps  &  Wetmore.  So  it 
was  Resolved  to  non  concur  in  passing  this  bill— and  Mr-  Wetmore  was 
appointed  to  report  the  reasons  for  non  concurrence. 

Received  from  the  House  a  bill  entitled  "An  act  granting  to  Jeremiah 
French  &  his  associates  the  exclusive  privilege  of  erecting  &  continuing 
a  bridge  over  Onion  river  at  Hubbell's  falls,"  with  an  order  of  the  House 
that  the  same  be  referred  to  the  commee  on  the  petition  of  Jer.  French. 
Whereupon,  Resolved  to  concur  in  said  order. 

Mr-  Phelps,  with  leave,  introduced  a  bill  entitled  u  An  act  altering  the 
time  of  holding  the  County  Courts  in  the  County  of  Windham,"  which 
was  twice  read  and  passed,  and  Ordered,  that  the  Sec'y  carry  said  bill  to 
the  House,  &  request  their  concurrence. 

Adjourned  to  9  o'clock  on  Monday  morning  next. 


58  Governor  and  Council — November  1822. 

Monday  Nov.  11, 1822.    9  o'clock  A.  M. 

The  Governor  &  Council  met  agreeably  to  adjournment. 

The  House  returned  the  bill  entitled  "  An  act  for  the  prevention  of 
frauds  &  perjuries"  concurred  with  proposals  of  amendment,  which  were 
read  &  adopted — and  Ordered,  that  the  Sec'y  notify  the  House  accord- 
ingly.   • 

Mr-  Phelps,  to  whom  was  committed  the  bill  entitled  "An  act  establish- 
ing a  County  Grammar  School  in  the  town  of  Londonderry  in  the  County 
of  Windham,"  reported  the  same  with  amendments,  which  were  read  and 
adopted.  Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the 
proposed  amendments.  Mr  Phelps  reported  the  following  reasons  for 
said  amendments,  to  wit:  "First — The  sense  of  the  town  should  be  taken 
on  the  question  at  what  place  the  school  should  be  located.  Second — 
There  are  now  several  grants  inthe  County  of  Windham  for  Grammar 
Schools;  and  this  corporation  should  not,  from  the  circumstance  of 
name,  by  implication,  take  precedence  of  others.  Third — The  6th  sec.  is 
added,  that  the  funds,  on  failure  of  the  corporation  in  opening  and  con- 
tinuing a  school,  may  not  be  diverted  from  their  proper  application  for 
purposes  of  instruction" — which  were  read  &  adopted,  and  Ordered,  that 
the  Sec'y  return  said  bill,  with  the  amendments  and  reasons  aforesd«  to 
the  House,  &  request  their  concurrence. 

A  message  was  received  from  the  House,  by  Mr-  Olin,  one  of  its  mem- 
bers, who  returned  the  bill  entitled  "An  act  authorizing  the  Probate 
Court  for  the  district  of  Addison  to  license  the  administrators  of  the  estate 
of  Levi  Walker,  late  of  Whiting,  deceased,  to  sell  lands,"  (which  was  non 
concurred  by  the  Gov.  &  C.  on  the  8.  inst.)  and  informed  that  the  House  have 
again  passed  said  bill,  &  request  the  concurrence  of  the  Gov.  &  Council. 
And  Mr  Olin  having  assigned  the  reasons  of  the  House,  withdrew. 
Said  bill  was  again  read,  and  the  vote  of  non  concurrence  reconsidered, 
whereupon  Resolved  to  concur  in  passing  this  bill — Yeas  8,  Kays,  2. 
Those  who  voted  in  the  affirmative  are  the  Lt.  Gov.  Messrs.  Butler, 
Chittenden,  Dana  of  O.  Dana  of  C.  Judd,  Proctor  &  Stanley.  Those  who 
voted  in  the  negative  are  Messrs.  Phelps  &  Wetmore.  Ordered,  that 
the  Sec'y  notify  the  House  of  the  passage  of  said  bill. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  uAn  act  in  addition  to  an  act  entitled  an  act  constituting  the 
Supreme  Court  of  Judicature  and  County  Courts,  defining  their  powers, 
and  regulating  judicial  proceedings" — which  was  read,  &  ordered  to  lie 
on  the  table.  Said  bill  was  afterward  called  up  So  again  read.  Where- 
upon, Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y 
notify  the  House  accordingly. 

Mr-  Wetmore  reported  the  following  reasons  for  non  concurring  in 
passing  the  bill  entitled  "An  act  to  revive  an  act  entitled  an  act  granting 
a  new  trial  in  the  cause  of  Heman  Allen  against  Silas  Hathaway  &  Uzai 
Pierson,"  to  wit:  "In  Council  11.  Nov.  1822.  The  Council  assign  the 
following  reasons  for  non  concurring  in  passing  the  bill  entitled  'An  act 
to  revive  an  act  entitled  an  act  granting  a  new  trial  in  the  cause  of 
Heman  Allen  against  Silas  Hathaway  &  Uzial  Piersons,'  to  wit:  Under 
the  act  which  it  is  intended  to  revive  by  this  bill,  it  became  the  duty  of 
Mr-  Hathaway  to  use  due  diligence  in  procuring  the  bond  required,  agree- 
bly  to  the  rules  &  practice  of  the  Court.  By  the  rules  &  practice  of  the 
Court,  it  is  understood,  that  a  party  should  enter  his  action  on  the  first 
day  of  the  term,  and  that  after  that  time  it  is  in  the  discretion  of  the 
Court  to  permit  him  to  enter  it,  on  sufficient  reasons  shown.  That  the 
Court  should  be  permitted  to  exercise  this  discretion  is  highly  reasona- 
ble; because  on  the  one  hand  to  deprive  a  party  of  the  benefit  of  his 
action  when  be  has  failed  to  enter  it  on  the  first  day  of  the  term,  from 


Governor  and  Council — November  1822.  .    59 

mere  accident  or  mistake,  and  without  any  fault  in  him,  would  be 
unjust;  and  on  the  other  to  suffer  him  to  enter  it  at  any  time  during  the 
term,  without  good  reasons  shewn,  would  be  to  allow  him  to  avail  him- 
self of  his  own  negligence  to  the  injury  of  the  other  party,  and  the  delay 
&  embarrassment  of  the  business  of  the  Courts.  To  entitle  Mr-  Hatha- 
way to  a  revival  of  the  former  act,  it  should  appear  that  he  had  used 
proper  diligence  in  complying  with  the  requisitions  of  that  act;  &  that 
he  had  acted  in  good  faith.  It  appears  that  during  the  session  of  the 
Sup.  Court  at  St.  Albans,  he  was  advised  by  the  Judges,  as  well  as  his 
counsel,  to  attend  immediately  to  the  business  of  procuring  the  bond 
required  by  the  act,  &  have  it  approved  by  the  Judges.  Notwithstand- 
ing this  advice,  he  neglected  to  present  a  bond  to  the  Judges  until  the 
4th  day  of  the  Term  of  the  Court  in  Chittenden  County,  when  he  pre- 
sented one  that  was  not  only  deficient  in  the  description  of  the  action, 
but  was  insufficient  as  to  the  responsibility  of  the  signers.  This  bond 
being  rejected  by  the  Court,  he  waited  until  the  11th  day  of  the  Term,  & 
until  after  the  Jury  was  dismissed,  when  he  presented  another,  which 
was  rejected  as  coming  too  late.  Hathaway  might  have  procured  &  pre- 
sented his  bond  to  the  Judges,  during  the  session  of  the  Court  at  St. 
Albans,  at  which  time  the  adverse  party  was  present,  &  the  signers 
resided  in  that  town  &  vicinity.  It  cannot  be  considered  due  diligence 
to  wait  until  the  4th  day  of  the  term  before  the  first  bond  was  presented; 
and  a  still  greater  neglect  to  delay  after  the  rejection  of  the  first  bond 
until  the  11th  day  of  the  term,  &  until  the  Jury  was  dismissed,  before  the 
second  bond  was  presented.  The  facts  shew  a  degree  of  negligence  not 
satisfactorily  accounted  for.  It  further  appears  that  Hathaway  knew 
that  the  first  bond  was  insufficient,  &  had  reason  to  believe  it  would  be 
rejected.  It  also  appears  that  he  declared  his  intention  to  keep  back 
the  bond  until  Jafter  the  Jury  was  dismissed,  so  that  a  trial  should  not 
be  had  at  that  Term  of  the  Court.  Having  intentionally  delayed  pre- 
senting a  sufficient  bond  until  after  the  Jury  was  dismissed,  for  the 
purpose  of  causing  a  continuance  of  the  action,  &  preventing  a  trial  at 
that  term;  and  from  the  whole  proceedings  clearly  showing  an  unjusti- 
fiable abuse  of  the  privileges  granted  by  the  act  of  last  session,  deprives 
him  of  any  claim  to  a  renewal  of  it.  Having  a  new  trial  once  granted 
him,  he  should  have  improved  the  privilege  given  him  in  good  faith; 
and  if  he  has  not  done  it,  it  is  in  consequence  of  his  own  wrong.  The 
Gov.  &  Council  cannot  therefore,  consistently,  grant  the  privilege,  by 
reviving  the  act  in  question."  The  foregoing  reasons  were  read  and 
adopted— and  Ordered,  that  the  *ec'y  return  said  bill  &  reasons  to  the 
House  of  Representatives. 

A  message  was  received  from  the  House  by  Mr-  Haight,  one  of  its 
members,  informing  that  the  Hon.  D.  Azro  A.  Buck  has  resigned  the 
office  of  Speaker  of  the  House;  and  that  the  House  have  elected  George 
E.  Wales  Esq.  member  from  Hartford  in  his  stead. 

A  communication  was  received  from  the  Speaker  of  the  House,  in- 
forming that  the  House  have  concurred  in  the  amendments  proposed  by 
the  Gov.  &  C.  to  the  bills  with  the  following  titles,  to  wit :  "  An  act  in 
addition  to  an  act  establishing  permanent  salaries,  and  for  regulating 
certain  fees  &  taxable  costs  " — "  An  act  to  incorporate  the  beneficent 
Society  in  Middlebury  College  " — "  An  act  to  incorporate  the  Philoma- 
thesian  Society  in  Middlebury  College  " — "  An  act  to  incorporate  the 
literary  Society  of  Hinesburgh  " — "  An  act  allowing  interest  on  Execu- 
tions"— "An  act  dividing  the  State  into  districts  for  electing  represent- 
atives to  the  Congress  of  the  United  States,  and  directing  the  mode  of 
their  election,"  and  "  An  act  repealing  an  act  therein  mentioned." 

Adjourned  to  9  o'clock  to-morrow  morning. 


60  Governor  and  Council — November  1822. 

Tuesday  Nov.  12, 1822.    9  o'clock  A.  "M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

The  Sec'y  of  the  Gov.  &  Council  asked  &  obtained  leave  of  absence 
during  the  remainder  of  the  session.  Samuel  S.  Conant  was  appointed, 
by  the  Governor,  Secretary  pro  tem.  and  was  duly  sworn. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  Genl  Assembly  Nov.  11,  1822.  Besolved,  the  Gov.  &  Council 
concurring  herein,  that  the  vote  adopting  the  resolution  for  the  two 
houses  to  meet  for  the  purpose  of  adjourning  the  General  Assembly  with- 
out day,  be  rescinded" — which  was  read.  Whereupon,  Resolved  to  concur. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  altering  the  time  of  holding  the  September  term  of  the 
County  Court  within  and  for  the  County  of  Washington  " — which  was 
read— whereupon,  Besolved  to  concur  in  passing  this  bill.  Also,  "  An 
act  annexing  certain  lots  in  the  town  of  Parkerstown  to  the  fifth  school 
district  in  Rutland,"  which  was  read — whereupon,  Resolved  to  concur  in 
passing  this  bill.  Also,  "  An  act  directing  the  Treasurer  to  pay  Jona- 
than Fassett  the  sum  therein  mentioned,"  which  was  read.  Where- 
upon, Resolved  to  non  concur  in  passing  this  bill.  Also,  "  An  act  assess- 
ing a  tax  on  the  County  of  Essex,"  which  was  read.  Whereupon,  Re- 
solved to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y  notify  the 
House  of  the  passage  of  the  three  last  passed  bills;  &  of  the  non  concur- 
rence of  the  other  bill,  with  the  reasons  of  Council  in  writing. 

The  House  again  sent  up  for  revision  &  concurrence  &c.  the 
bill  entitled  "  An  act  to  revive  an  act  entitled  an  act  granting  a 
new  trial  in  the  cause  of  Heman  Allen  against  Silas  Hathaway  &  Uzal 
Pierson,"  (the  same  having  been  non  concurred  by  the  Gov.  &  Council 
on  the  9.  inst.  and  again  passed  by  the  House,)  and  the  question  was 
again  put,  "  Will  the  Council  concur  in  passing  this  b*ll  ?"  which  was 
determined  in  the  negative  as  follows — Those  who  voted  in  the  affirma- 
tive are  Messrs.  Butler,  Dana  of  O.  Dana  of  C.  Proctor  &  Stanley. 
Those  who  voted  in  the  negative  are  the  Lt.  Gov.  Messrs.  Chittenden, 
Judd,  Phelps  &  Wetmore.  Yeas  5,  Nays  5.  The  Council  being  equally 
divided,  his  Excellency  the  Governor  gave  his  casting  vote  in  the  nega- 
tive. So  it  was  Resolved  to  non  concur  in  passing  the  bill.  Ordered, 
that  said  bill  lie  on  the  table. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Gov.  &  Council  met  &c. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  granting  a  new  trial  in  the  cause  of  Amos  &  John 
Beckwith  against  Jocob  Webster,"  which  was  read.  Whereupon,  Re- 
solved to  nan  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y  notify 
the  House  accordingly. 

A  message  was  received  from  the  House  by  Mr-  Aiken,  one  of  its 
members,  who  returned  the  bill  entitled  "  An  act  directing  the  Treas- 
urer to  pay  Jonathan  Fassett  the  sum  therein  mentioned,"  and  informed 
that  the  House  had  again  passed  said  bill,  &  request  the  concurrence  of 
the  Gov.  &  Council.  And  Mr-  Aiken  having  assigned  the  reasons  of  the 
House,  withdrew.  The  Council  took  up  said  bill,  and  amended  the 
same.  Whereupon,  Resolved  to  concur  in  passing  said  bill  with  the  pro- 
posed amendments.  Ordered,  that  said  bill  be  returned  to  the  House  by 
Mr-  Butler,  who  is  appointed  to  assign  the  reasons  of  Council,  &  request 
the  concurrence  of  the  House. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  to  prevent  usury,"  which  was  read.  Whereupon, 
Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the  Sec'y  notify 
the  House  accordingly. 


Governor  and  Council — November  1822.  61 

Received  from  the  House  the  bill  entitled  "  an  act  directing  the  Treas- 
urer to  pay  Robert  Temple  the  sum  therein  mentioned,"  with  an  order 
of  the  House  that  the  same  be  referred  to  a  committee  of  4  to  join  from 
Council.  Whereupon,  Resolved  to  concur  in  said  order,  and  Mr-  Dana  of 
O.  was  appointed  from  Council. 

The  House  sent  up  the  report  of  the  Committee  on  that  part  of  the 
Governor's  speech  which  relates  to  Banks,  with  the  following  resolution 
for  concurrence,  to  wit:  "  In  Genl  Assembly  Nov.  1, 1822.  Resolved, 
the  Gov.  &  Council  concurring  herein,  that  it  is  inexpedient,  at  this  ses- 
sion of  the  legislature,  to  grant  any  additional  banks  "—which  was  read. 
Whereupon,  Resolved  to  concur. 

The  House  sent  up  the  resolution  directing  the  Judiciary  [Commit- 
tee] to  inquire  into  the  expediency  of  passing  a  law  more  effectually  to 
prevent  gambling,  and  the  report  of  the  Committee  thereon,  with  an 
order  of  the  House  that  the  same  be  recommitted,  with  instructions  to 
report  a  bill — which  was  read.  Whereupon,  Resolved  to  non  concur  in 
said  order  — and  the  reasons  of  Council  were  sent  down  in  writing. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
ut  In  Genl  Assembly  Nov.  7, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Quarter  Master  General  be  authorized  to  nego- 
ciate  with  the  officers  of  the  U.  States  Ordnance  department  for  a  gun 
carriage,  caisson,  &  harness  complete,  for  mounting  a  six  pounder  of  the 
U.  States  modern  pattern,  if  in  his  judgment  it  will  be  conducive  to  the 
public  good  ;  and  that  a  sum  not  exceeding  three  hundred  dollars  be 
subject  to  the  order  of  the  Governor,  for  that  purpose,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated."  Which  was  read.  Where- 
upon, Resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  in  addition  to  an  act  passed  Nov.  13, 1820,  entitled  an 
act  appointing  a  committee  to  lay  out  &  survey  a  public  market  road 
from  the  mouth  of  Wells  river,  so  called,  in  the  town  of  Newbury,  in 
the  County  of  Orange,  to  the  north  line  of  Berkshire  in  the  County  of 
Franklin,"  which  was  read.  Whereupon,  Resolved  to  concur  in  passing 
this  bill.  Also,  uAn  act  in  addition  to  an  act  entitled  an  act  reducing 
into  one  the  several  acts  for  laying  out,  making,  repairing  &  clearing 
highways,"  which  was  read.  Whereupon,  Resolved  to  concur  in  passing 
this  bill.  Also,  "An  act  directing  the  Treasurer  to  pay  the  administra- 
tors of  the  late  Clerk  of  the  House  the  sura  therein  mentioned," — which 
was  read.  Whereupon,  Resolved  to  concur  in  passing  this  bill.  Ordered, 
that  the  Sec'y  notify  the  House  of  the  passage  of  the  three  last  mentioned 
bills. 

On  motion  of  Mr-  Dana  of  O.  the  Council  resumed  the  consideration 
of  the  bill  entitled  u  An  act  to  revive  an  act  entitled  an  act  granting  a 
new  trial  in  the  cause  of  Heman  Allen  against  Silas  Hathaway  &  Uzal 
Pierson. "  Mr-  Dana  moved  to  propose  an  amendment  to  said  bill; 
which  was  read  &  adopted.  Whereupon,  Resolved  to  concur  in  passing 
said  bill  with  the  proposed  amendment.  Ordered,  that  the  Sec'y  return 
said  bill  to  the  House  of  Rep8-  &  request  their  concurrence  in  the  pro- 
posed amendment. 

The  House  sent  up  for  revision  &  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  in  addition  to  an  act  relating  to  Jails  &  Jailers,  &  for 
the  relief  of  persons  imprisoned  therein" — which  was  read,  and  amended 
by  the  Council.  Whereupon,  Resolved  to  concur  in  passing  said  bill 
with  the  proposed  amendments.  Ordered,  that  said  bill  be  returned  to 
the  House  by  Mr-  Wetmore,  who  is  appointed  to  assign  the  reasons  of 
the  Council  &  request  the  concurrence  of  the  House.  Also,  "An  act 
granting  to  Jeremiah  French  &  his  associates  the  exclusive  privilege  of 


62  Governor  and  Council — November  1822. 

erecting  &  continuing  a  bridge  over  Onion  river  at  Hubbell's  falls,' 
which  was  read.     Whereupon,  Resolved  to  concur  in  passing  this  bill. 
Ordered,  that  the  Sec'y  notify  the  House  accordingly. 
Adjourned  to  7  o'clock  to-morrow  morning. 


Wednesday  Nov.  13,  1822.    7  o'clock  A.  M. 

The  Gov.  &  Council  met  agreeably  to  adjournment. 

A  message  was  received  from  the  House,  by  Mr-  Haight,  one  of  its 
members,  who  returned  the  bill  entitled  "An  act  in  addition  to  an  act 
relating  to  Jails  &  Jailers  &  for  the  relief  of  persons  imprisoned  therein," 
and  informed  that  the  House  have  concurred  in  the  first  proposed 
amendment  &  non  concurred  in  the  second,  as  sent  down  by  the  Gov. 
&  Council,  and  request  the  concurrence  of  the  Gov.  &  Council  in  passing 
said  bill.  And  Mr-  Haight  having  assigned  the  reasons  of  Council  [of 
the  House,]  withdrew.  Whereupon,  on  motion,  Resolved  to  suspend 
the  passing  of  this  bill  until  the  next  session  of  the  legislature.  Ordered, 
that  the  Sec'y  notify  the  House  accordingly. 

A  message  was  received  from  the  Speaker  of  the  House  of  Reps8- 
informing  the  Gov.  &  Council  that  the  House  have  concurred  in  the 
amendments  proposed  by  the  Gov.  &  C.  to  the  bill  entitled  "an  act  to 
revive  an  act  entitled  an  act  granting  a  new  trial  in  the  cause  of  Heman 
Allen  against  Silas  Hathaway  &  Uzal  Pierson."  Also  "an  act  directing 
the  Treasurer  to  pay  Jonathan  Fassett  the  sum  therein  mentioned." 
Also,  "  an  act  establishing  a  County  Grammar  School  in  the  town  of 
Londonderry  in  the  County  of  Windham." 

The  House  sent  up  for  revision  and  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  making  provisions  for  settling  the  concerns  of  the 
Vermont  State  Bank,"  which  was  read.  Whereupon,  Resolved  to  con- 
cur in  passing  this  bill.  Also,  "  An  act  in  addition  to  an  act  entitled  an 
act  ascertaining  the  principles  on  which  the  list  of  this  State  shall  be 
made,  and  directing  listers  in  their  duties  &  office,"  which  was  read. 
Whereupon,  Resolved  to  concur  in  passing  this  bill.  Ordered,  that  the 
Sec'y  inform  the  House  of  the  passage  of  the  two  last  mentioned  bills. 

The  House  returned  the  bill  entitled  "  An  act  altering  the  times  of 
holding  the  County  Courts  in  the  County  of  Windham," — in  which  the 
House  have  concurred,  with  proposals  of  amendment,  in  which  they  de- 
sire the  concurrence  of  the  Gov.  &  C,  which  bill  &  amendments  were 
read.  Whereupon,  Resolved  to  concur  in  the  amendments  proposed  by 
the  House.     Ordered,  that  the  Sec'y  notify  the  House  accordingly. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  Genl  Assembly  Nov.  12, 1822.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  both  houses  meet  in  the  Representatives'  room  on 
Wednesday  next  at  seven  o'clock  in  the  forenoon,  for  the  purpose  of 
adjourning  both  houses  of  the  legislature  without  day" — which  was  read. 
Whereupon,  Resolved  to  concur.  Ordered,  that  the  Sec'y  notify  the 
House  accordingly. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit : 
"  In  Genl  Assembly  Nov.  13,  1822.  Resolved,  the  Gov.  &  Council  con-' 
curring  herein,  that  both  houses  meet  in  joint  committee  in  the  repre- 
sentatives' room,  at  9  o'clock  this  forenoon,  to  elect  three  directors  of 
the  Vermont  State  bank,"  which  was  read.  Whereupon,  Resolved  to 
concur.  Ordered,  that  the  Sec'y  notify  the  House  accordingly,  and  that 
after  electing  said  directors,  the  Gov.  &  Council  would  be  ready  to  ad- 
journ without  day. 


G 


overnor 


and  Council — November  1822. 


63 


A  message  was  received  from  the  House,  by  Mr-  Collamer,  one  of  its 
members,  informing  that  the  House  have  completed  the  business  of  the 
session,  except  the  appointment  of  Directors  of  the  Vermont  State  bank, 
and  after  having  made  those  appointments,  they  would  be  ready  to  ad- 
journ without  day,  agreeably  to  the  joint  resolution  of  both  houses. 

The  Governor  &  Council  attended  in  the  House  of  Representatives, 
for  the  purpose  of  electing  directors  of  the  Vermont  State  bank  '—after 
which  an  address  to  the  throne  of  Grace  was  made  by  the  Chaplain,  and 
the  General  Assembly  was  adjourned  without  day.  The  Governor  & 
Council  returned  to  the  Council  Chamber,  and  adjourned  without  day. 

State  of  Vermont.  The  foregoing,  from  page  396  to  page  549  in- 
clusive, [of  Vol.  9  of  the  manuscript  Council  Journal,]  is  a  true  Journal 
of  the  proceedings  of  the  Gov.  &  Council  at  their  annual  session  in  the 
year  1822.  R.  Temple,  Sec'y. 

Debenture  of  Council  1822. 


No. 

Am't 

No. 

Am't. 

Miles 

of 

days 

of 

Debenture. 

Travel. 

Travel. 

Att'nce. 

Att'nce. 

Mr.  Olin 

75 

$9.00 

2 

$3.00 

$12.00 

"     Warner 

80 

9.60 

2 

3.00 

12.60 

Lt.  Gov.  Leland 

80 

9.60 

35 

140.00 

149.60 

Mr-  Berry 

75 

9.00 

35 

52.50 

61.50 

"     Butler 

12 

1.44 

24 

36.00 

37.44 

11     Chittenden 

32 

3  84 

35 

52.50 

56.34 

"     Dana  of  0. 

22 

2.64 

35 

52.50 

55.14 

"     Dana  of  C. 

30 

3.60 

35 

52.50 

56.10 

"    Hatch 

70 

8.40 

29 

43.50 

51.90 

"    Judd 

60 

7.20 

35 

52.50 

59.70 

"    Phelps 

98 

11.76 

35 

52.50 

64.26 

"     Pratt 

100 

12.00 

17 

25.50 

37.50 

"     Proctor 

71 

8.52 

35 

52.50 

6102 

"     Stanley 

32 

3.84 

35 

52.50 

56.34 

"     Wetmore 

61 

7.32 

35 

52.50 

59.82 

R.  Temple  Sec'y 

60 

3.60 

3.60 

John  Peck,  Esq.  Sheriff 

12 

1.44 

35 

52.50 

53.94 

Mr  Carter  ShfT'8  Depr 

7 

84 

35 

52.50 
Dolls. 

53.34 

942.14 

The  above  debenture  was  received  of  the  Treasurer  by  the  Sheriff, 
and  by  him  paid  out  to  the  members  &c.  R.  Temple,  Sec'y. 


John  Jackson,  Benjamin  Swan,  and  Job  Lyman  were  elected. 


FORTY-SEVENTH  COUNCIL 

OCTOBER  1823  TO  OCTOBER  1824. 


Cornelius  P.  Van  Ness,  Burlington,  Governor. 
Aaron  Leland,  Chester,  Lieutenant  Governor. 


Councillors: 


Ezra  Butler,  Waterbury, 
Chauncey  Langdon,  Castleton, 
Truman  Chittenden,  Williston 
Timothy  Stanley,  Greensboro', 
Seth  Wetmqre,  St.  Albans, 
Joseph  Berry,  Guildhall, 


Josiah  Dana,  Chelsea, 
Joel  Pratt,  Manchester, 
Israel  P.  Dana,  Danville., 
Jabez  Proctor,  Cavendish, 
Samuel  H.  Holley,  Middlebury, 
John  Roberts,  Whitingham. 

Robert  Temple,  Rutland,  Secretary  until  Oct.  11. 
Daniel  Kellogg,  Bockingham,  Secretary  from  Oct.  10. 
John  Peck,  Waterbury,  Sheriff. 


BIOGRAPHICAL  NOTICES. 

Cornelius  Peter  Van  Ness  was  the  youngest  of  three  highly 
distinguished  brothers,  sons  of  Peter  Van  Ness  of  Columbia  county,  N. 
Y.  Cornelius  P.  was  born  in  Kinderhook,  Jan.  26, 1782;  was  fitted  for 
college  at  the  age  of  fifteen,  but  declined  a  collegiate  course,  and  at  the 
age  of  eighteen  entered  the  law  office  of  his  brother  William  P.  Van 
Ness,  where  he  was  a  fellow  student  with  Martin  Van  Buren,  who 
became  President  of  the  United  States.  Admitted  to  the  bar  of  New 
York  in  1804,  Mr.  Van  Ness  removed  to  St.  Albans,  Vt.,  in  1806,  and 
from  thence  to  Burlington  in  1809.  In  1810  he  entered  upon  a  long  line 
of  eminently  successful  official  services,  which  covered  a  period  of  more 
than  thirty  years.  He  was  United  States  attorney  for  the  District  of 
Vermont  1810  to  1813,  and  was  then  transferred  to  the  collectorship, 
which  office  he  held  until  the  close  of  the  war.  He  was  next  appointed 
United  States  commissioner,  under  the  fifth  article  of  the  treaty  of 
Ghent,  to  ascertain  the  boundary  line  between  the  United  States  and 
the  British  possessions,  from  the  highlands  north  from  the  source  of  the 


Biographical  Notices.  65 

river  St.  Croix  to  the  intersection  of  the  forty-fifth  degree  of  north  lati- 
tude with  the  St.  Lawrence  river;  a  business  in  which  he  was  unable  to 
agree  with  the  British  commissioner.  He  represented  Burlington  in 
the  General  Assembly  1818  until  1822;  was  chief  justice  of  the  supreme 
court  in  1821-'22,  and  elected  governor  for  three  successive  terms,  com- 
mencing in  182:*,  after  which  he  declined  further  service  in  that  office.  In 
1826  he  was  a  candidate  for  the  United  States  senatorship,  and,  in  the 
most  memorable  contest  for  that  office  in  Vermont,  he  was  defeated  by 
a  small  majority  for  the  late  Hon.  Horatio  Seymour  of  Middlebury. 
Stung  by  that  defeat,  which  he  attributed  to  the  interference  of  confiden- 
tial friends  of  the  then  President,  John  Quincy  Adams,  whose  adminis- 
tration he  had  supported  until  that  event,  Mr.  Van  Ness  issued  a 
manifesto  to  the  public,  declaring  hostility  to  Mr.  Adams,  and  a  prefer- 
ence for  Gen.  Jackson;  which  was  the  origin  of  the  Jackson  party  in 
Vermont,  that  soon  claimed  to  be,  and  ever  since  has  styled  itself,  the 
democratic  party.  Shortly  after  the  inauguration  in  March  1829,  Pres- 
ident Jackson  appointed  Mr.  Van  Ness  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  to  Spain,  from  which  country  he  returned  in  1840, 
to  give  his  time  and  talents  in  desperate  endeavors  to  secure  the  presi- 
dential vote  of  Vermont  for  the  friend  of  his  youth,  Martin  Van  Buren. 
In  1841  Mr.  Van  Ness  removed  from  Vermont  to  New  York  city,  where 
he  served  as  collector  of  the  port,  1844-5,  under  President  Tyler.  Fall- 
ing heir  to  a  share  of  the  large  estate  of  his  brother  John  P.  Van  Ness 
of  Washington  city,  the  governor  was  often  called  there,  and  on  his  last 
journey  was  stopped  by  disease  at  Philadelphia,  where  he  died,  Dec.  15 
1852,  in  the  seventy-first  year  of  his  age.  His  remains  were  deposited 
in  the  tomb  of  his  brother  in  Washington  city. — See  memoir  by  the  late 
Hon.  B.  B.  Smalley  in  the  Vermont  Historical  Magazine,  Vol.  I,  pp. 
608-614. 

Samuel  H.  Holley  was  probably  a  native  of  Bristol,  from  which 
town  he  removed  to  Shoreham  in  1809  and  commenced  practice  as  an 
attorney.  An  early  graduate  of  Westpoint  Military  Academy,  he 
served  as  captain  during  part  of  the  war  of  1812-'15,  but  resigned  and 
resumed  practice  for  a  few  years  at  Shoreham.  In  1820  he  was  returned 
to  the  editor  of  Walton's  Vermont  Beyister  as  an  attorney  at  Bristol,  and 
in  1821,  and  for  some  years  subsequent,  at  Middlebury;  where,  it  thus 
appears,  he  must  have  resided  during  his  service  in  the  Council — al- 
though Leonard  Deming  of  Middlebury  assigned  Bristol  as  his  residence. 
He  served  as  Councillor  five  years,  1823  until  1828  ;  and  was  Assistant 
Judge  of  Addison  County  Court  nine  years,  1833-1842. — Goodhue's 
History  of  Shoreham  ;  Swift's  History  of  Addison  County  ;  and  Walton's 
Vermont  Begister. 

John  Roberts  represented  Whitingham  in  the  General  Assembly 
seven  years,  1819-1823,  and  1833-'4.    He  was  elected  to  both  houses  in 


66  Governor  and  Council — October  1823. 

1823  but  served  in  the  Assembly.  He  served  three  years  in  the  Coun- 
cil, 1824-5-6,  and  was  Chief  Judge  of  Windham  County  Court  1820  until 
1833,  thirteen  years. — Deming's  Catalogue  ;  and  Walton's  Vermont  Beg- 
ister. 

Daniel  Kellogg,  LL.D.,  was  born  in  Amherst,  Mass.,  Feb.  13  1791, 
graduated  at  Williams  College  in  1810,  and  was  admitted  to  the  bar  of 
Windham  County  in  1812.  He  commenced  practice  in  Rockingham  in 
1813,  whence  he  removed  in  1855  to  Brattleborough,  where  he  died  May 
10, 1875.  In  1819  and  1820  he  was  Judge  of  Probate  for  the  northern 
district  of  Windham  County  ;  Secretary  of  the  Governor  and  Council 
1823  until  1828  ;  State's  Attorney  for  Windham  County  in  1827  ;  mem- 
ber and  Secretary  of  the  Council  of  Censors  in  1837;  United  States 
Attorney  fjr  the  District  of  Vermont  1829  until  1841 ;  delegate  and 
President  of  the  Constitutional  Convention  of  1843  ;  Judge  of  the  Su- 
preme Court  in  1843,  and  1845  until  1851  ;  and  Presidential  Elector  in 
1864. — Deming's  Catalogue  ;  and  Vermont  Legislative  Directory  for  1876- 
'77. 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   WITH  THE   GENERAL   ASSEMBLY  AT  MONTPE- 
LIER,  OCTOBER  1823. 


State  of  Vermont  ss. 

A  Journal  of  the  proceedings  of  the  Governor  and  Council  of  the 
state  of  Vermont,  begun  and  held  at  Montpelier  in  said  state,  on  the 
second  Thursday  of  October  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  Twenty-three,  being  the  ninth  day  of  the  month,  and  in 
the  Eorty-eighth  year  of  the  Independence  of  the  United  States — Pres- 
ent, His  Excellency  Richard  Skinner,  Governor — His  Honor  Aaron  Le- 
land,  Lieut.  Governor,— The  Hon.  Joseph  Berry,  Ezra  Butler,  Truman 
Chittenden,  Josiah  Dana,  Ebenr-  [Eben]  W.  Judd,  Joel  Pratt,  Jabez 
Proctor,  Timothy  Stanley  &  Seth  Wetmore,  Councillors. 

A  message  was  received  from  the  House  of  Representatives  by  Mr- 
Cnshman,  one  of  its  members,  informing  the  Governor  and  Council  that 
the  House  had  organized  by  electing  George  E.  Wales  Esq.  Speaker 
Pro  tem.  and  Timothy  Merrill  Esquire  Clerk  Pro  tem.  and  are  ready  to 
receive  any  communication  the  Governor  and  Council  may  be  pleased 
to  make — and  he  withdrew. 

On  motion,  Ordered  that  the  Secretary  inform  the  House  of  Repre- 
sentatives that  His  Excellency  [the]  Governor  together  with  a  quorum 


Governor  and  Council — October  1823.  67 

of  the  Council  have  assembled  in  the  Council  Chamber  and  are  ready  to 
proceed  to  business. 

The  Governor  and  Council  proceeded  to  appoint  a  Committee  to  re- 
ceive, sort  and  count  the  votes  for  Governor,  Lieut.  Governor,  Treasurer 
and  Councillors.  Members  chosen,  Messrs.  Wetmore,  Proctor  and 
Berry,  who  were  duly  sworn. 

A  message  was  received  from  the  House  by  Mr-  Fitch,  one  of  its  mem- 
bers, informing  that  the  House  has,  on  its  part,  appointed  a  Committee 
to  receive,  sort  and  count  the  votes  for  Governor,  Lieut.  Governor, 
Treasurer  and  Councillors— and  he  withdrew. 

Ordered,  that  the  Sec'y  inform  the  House  that  the  Govr-  and  Council 
have  on  their  part  appointed  a  Committee  to  receive,  sort  and  count  the 
votes  for  Governor,  Lieut.  Governor,  Treasurer  and  Councillors,  for  the 
year  ensuing. 

Adjourned  to  4  O'clock  P.  M.1 

4  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. 

A  message  was  received  from  the  House  by  Mr-  Farnsworth,  one  of 
its  members,  informing  that  the  House  is  ready  to  receive  the  Governor 
and  Council  in  the  Representatives'  room,  to  hear  the  report  of  the 
Canvassing  Committee.  On  motion,  ordered  that  the  Secretary  inform 
the  House  that  the  Govr-  and  Council  will  immediately  attend  in  the  Rep- 
resentatives' room,  to  receive  the  report  of  the  Canvassing  Committee. 

The  Governor  and  Council  attended  in  the  Representatives'  room; 
when  the  Canvassing  Committee  made  the  following  Report,  to  wit: 

"To  the  Honorable  General  Assembly  now  in  session:  The  Commit- 
tee to  receive,  sort  and  count  the  votes  for  Govr.  Lieut.  Govr-  Treasurer 
and  Councillors  for  the  year  ensuing,  having  attended  to  the  business 
of  their  appointment,  do  Report  that  The  Hon.  Cornelius  P.  Yan  Ness 
is  elected  Governor,  The  Hon.  Aaron  Leland  Lieut.  Governor,  and 
Benjamin  Swan  Esq.  Treasurer,  and  the  Hon.  Seth  Wetmore,  Joel 
Pratt,  Joseph  Berry,  Israel  P.  Dana,  Timothy  Stanley,  Ezra  Butler, 
Josiah  Dana,  Jabez  Proctor,  Truman  Chittenden,  Samuel  H.  Holley, 
Chauncey  Langdon  and  John  Roberts,  are  elected  Councillors  for  the 
year  ensuing.     Which  is  respectfully  submitted. 

Signed  Seth  Wetmore,  Chairman 
Robert  B.  Bates,  Clerk.'''' 

Which  report  having  been  read,  the  Sheriff  of  Washington  County 
made  proclamation  of  said  several  elections,  and  the  Governor  and 
Council  returned  to  their  Chamber. 

Adjourned  to  9  Oclock  to-morrow  morning,2 


Friday  October  10th>  1823.  9  O  clock  A.  M. 
His  Honor  Aaron  Leland  Lieut.  Governor  elect,  and  the  Hon.  Joseph 
Berry,  Ezra  Butler,  Truman  Chittenden,  Israel  P.  Dana,  Joel  Pratt, 
Jabez  Proctor,  Timothy  Stanley,  and  Seth  Wetmore,  Councillors, 
appeared  in  the  Council  Chamber  and  immediately  attended  in  the 
Representatives'  hall  and  in  presence  of  the  House  took  and  subscribed 
the  oaths  of  office,  when  they  returned  to  the  Council  Chamber. 

1  The  election  sermon  was  preached  by  Rev.  Joseph  W.  Sawyer. 
1  The  votes  for  Governor  were  for  Cornelius  P.  Van  Ness  11,479  ;  for 
Dudley  Chase  1088  ;  and  scattering  843. 


68  G-overnor  and  Council — October  1823. 

A  message  was  received  from  the  House  by  Mr-  Bates  one  of  its  mem- 
bers, informing  that  the  House  has  organized  by  choosing  George  E. 
Wales  Esquire  Speaker,  Timothy  Merrill  Clerk,  and  Norman  Williams 
Sec'y  of  State. 

Ordered,  that  the  Secretary  inform  the  House  that  the  Govr-  and 
Council  will  attend  in  the  Representatives'  room  at  the  opening  of  the 
House  this  afternoon,  when  his  Excellency  the  Governor  will  take  the 
oaths  of  office  and  make  his  communication  to  the  Legislature. 

Adjourned  to  2  Oclock  P.  M. 

2  O'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  Governor  and  Council  attended  in  the  House  of  Rep- 
resentatives, when  His  Excellency  the  Governor  took  and  subscribed  the 
oaths  of  office  before  the  Hon.  [Joseph]  Howes,  one  of  the  Judges  of 
Washington  County  Court,  and  delivered  the  following  Speech.'  [When 
the  Governor  and  Council  returned  to  their  chamber.] 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 

In  General  Assembly  Oct.  10th  1823. 

Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
houses  meet  in  the  representatives'  room  at  two  O'clock  this  afternoon, 
for  the  purpose  of  electing  a  Chaplain  of  the  General  Assembly  for  the 
year  ensuing — which  was  read  and  on  motion  of  Mr  Pratt  the  same  was 
amended  by  inserting  at  the  end  thereof  the  following  words  to  wit: 
"And  also  an  Auditor  of  accounts  against  the  State."  And  the  resolution 
was  adopted  and  the  Secretary  ordered  to  notify  the  House  accordingly. 

A  large  number  of  petitions,  for  pardon,  from  convicts  in  the  state 
prison,,  were  presented  and  filed. 

A  message  was  recd-  from  the  House  informing  the  Governor  and 
Council  that  the  House  had  concurred  in  the  proposed  amendment  of 
the  resolution,  providing  for  the  Choice  of  a  Chaplain.  Agreeably  to 
the  concurrent  resolution  of  both  houses,  the  Governor  and  Council 
met  the  General  Assembly  in  the  representatives'  room,  to  elect,  jn 
Joint  Committee,  a  Chaplain  and  Auditor  of  accounts  against  the  State, 
and  the  Governor  and  Council  returned  to  their  Chamber.2 

The  petition  of  Jonathan  Bidwell  for  pardon  was  taken  up,  read,  and 
on  m°-  of  Mr  Stanley,  dismissed.  The  petition  of  Robert  Blanchard  was 
taken  up,  read  and  on  m°-  of  Mr-  Butler,  dismissed.  The  petition  of 
Daniel  Butler  was  taken  up,  read  and  on  m°-  of  Mr-  Wetmore,  dismissed. 
The  petitions  of  Chauncy  Beach,  Samuel  Cossetts,  John  Crawford  and 
Samuel  Dolloff,  were  severally  taken  up,  read  and  ordered  to  be  dis- 
missed. The  petitions  of  John  Downey,  David  Fowler,  Edward  Fran- 
cis, John  Baptiste  Tumas,  William  Graves,  Thomas  Gilbert,  and  Allen 
Howard,  for  pardon,  were  severally  taken  up,  read,  and  ordered  to  be 
dismissed. 

Adjourned  to  9  Oclock  to-morrow  morning. 


Saturday  October  11th'  1823.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment. 

His  Excellency  the  Governor  was  pleased  to  appoint  Daniel  Kellogg 
Esquire  of  Rockingham,  Secretary  of  the  Governor  and  Council,  who 
was  duly  sworn. 

1  For  the  speech  see  Appendix  A. 

'Rev.  Joseph  W.  Sawyer  was  elected  chaplain,  and  David  Pierce  of 
Woodstock  auditor. 


Governor  and  Council — October  1823.  69 

Mr-  Wetraore  moved  to  reconsider  the  vote  to  dismiss  the  petition  of 
Chauncey  Beach,  and  the  question  was  put  and  carried  in  the  affirmative 
and  the  same  was  ordered  to  lie  on  the  table. 

The  petitions  of  Joel  Higgins,  Joseph  Higgins,  John  Hunt,  John 
Hams  <&  Selah  Hickox,  for  pardon,  were  severally  taken  up,  read  and 
ordered  to  be  dismissed.  The  petition  of  Thomas  Handlin,  for  pardon, 
was  taken  up,  read  and  ordered  to  lie  on  the  table.  The  petitions  of 
Alexander  Haggerts,  Amos  Kimball,  William  Longley,  Jeremy  Mc- 
Gee,  William  H.  Nichols,  Silas  Plumly  and  John  R.  Page  were  seve- 
rally taken  up,  read,  and  on  motion,  ordered  to  be  dismissed.  The  peti- 
tion of  Leonard  Smith  was  taken  up,  read  and,  on  motion,  ordered  to 
lie  on  the  table.  The  petitions  of  Benjamin  Silver,  Lemuel  Scott,  John 
Utley,  David  Weatherbee,  Sylvester  Wheeler,  Joseph  Fayall,  James 
Harvey,  William  Twambly  and  Leonard  Corliss  for  pardon  were  seve- 
rally taken  up,  read,  and  on  motion  ordered  to  be  dismissed.  Resumed 
the  consideration  of  the  petition  of  Chauncey  Beach  for  pardon,  and  on 
motion  the  same  was  ordered  to  be  dismissed.  The  petition  of  Anson 
Church,  for  pardon,  was  taken  up,  read  and  on  motion,  ordered  to  lie  on 
the  table  and  be  made  the  order  of  the  day  for  Monday  next. 

Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. 

The  petition  of  Reuben  T.  Hathaway  for  pardon  was  taken  up,  read 
and  on  motion  of  the  Lieut.  Governor  was'  ordered  to  be  dismissed. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
houses  meet  in  County  Conventions  on  tuesday  next  at  4  Oclock  P.  M. 
for  the  purpose  of  making  nominations  for  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  was  read  and  adopted  and  the  Secretary  was  or- 
dered to  notify  the  house  accordingly. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
houses  meet  in  the  representatives'  room,  at  the  opening  of  the  House 
on  Tuesday  next,  for  the  purpose  of  electing  Judges  of  the  Supreme 
Court."  which  was  read  and  adopted  and  the  Secretary  ordered  to  inform 
the  Hoiise  accordingly. 

A  message  was  received  from  the  House  informing  the  Governor  and 
Council  that  agreeably  to  the  rules  of  the  House  they  have  appointed  the 
following  Standing  Committees,  in  which  they  desire  the  Governor  and 
Council  to  join,  to  wit,  A  committee  of  4  denominated  the  Committee  of 
ways  &  means — A  committee  of  4  denominated  the  Military  Committee 
— A  committee  of  4  denominated  the  Judiciary  Committee — A  commit- 
tee of  4  denominated  the  Committee  of  Claims — A  committee  of  4  de- 
nominated the  Turnpike  Committee — A  committee  of  4  denominated 
the  Committee  of  Insolvency — A  committee  of  4  denominated  the  Com- 
mittee of  Manufactures — A  committee  of  4  denominated  the  Committee 
of  agriculture — A  committee  of  4  denominated  the  Committee  of  New 
trials — A  committee  of  4  denominated  the  land  tax  Committee.  Where- 
upon Resolved  to  join  in  the  appointment  of  said  Committees  and  Mr- 
Butler  was  appointed  on  the  Committee  of  ways  and  means,  Mr-  Berry 
was  appointed  on  the  Military  Committee,  Mr-  Wetmore  was  appointed 
on  tlie  Judiciary  Conniiiltee,  Mr-  Stanley  was  appointed  on  the  Commit- 
tee of  Claims,  The  Lieut.  Governor  was  appointed  on  the  Turnpike  Com- 
mittee, Mr  Dana  of  C.  was  appointed  on  the  Committee  of  Insolvency, 


70  Governor  and  Council — October  1823. 

Mr-  Proctor  was  appointed  on  the  Committee  of  Manufactures,  Mr-  Chit- 
tenden was  appointed  on  the  Committee  of  Agriculture,  Mr  Pratt  was 
appointed  on  the  Committee  of  New  trials,  Mr-  Holley  was  appointed  on 
the  Committee  of  Land  Taxes. 
Adjourned  to  Monday  next  at  9  Oclock  A.  M. 


Monday  October  13th- 1823.    Nine  Oclock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment. 
Mr-  Holley  appeared  in  the  Council,  was  duly  sworn  and  took  his  seat. 
The  petition  of  Caleb  B.  Cady  for  pardon  was  taken  up  and  read  and 
the  question  was  "  Shall  a  pardon  be  granted  to  the  said  Caleb  B.  Cady," 
which  was  determined  in  the  affirmative  as  follows:  those  who  voted  in 
the  affirmative  are  Messrs.  Leland,  Berry,  Chittenden,  Dana  of  C.  Hol- 
ley, Pratt,  Proctor,  Stanley  and  Wetmore — 9. 

Received  the  petitions  of  the  Selectmen  of  Franklin,  of  Sundry  Inhab- 
itants of  Westfield,  of  Amasa  Josselyn  and  others,  of  the  Inhabitants  of 
Jay,  of  Amos  Partridge  and  others,  of  Daniel  H.  Rice  and  others,  of  the 
Selectmen  of  Burke,  of  the  Inhabitants  of  Glover,  of  Joseph  Kennedy 
and  others,  [of]  John  Whipple  and  others,  of  Thomas  Fuller  and  others, 
of  the  Selectmen  of  Orange,  of  John  Adams  and  others,  of  the  Inhab- 
itants of  Sheldon,  of  Willard  Lincoln  and  others,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  land  tax  Committee, 
whereupon  Resolved  to  concur  in  said  orders  of  reference. 

Received  a  bill  entitled  "  An  act  laying  a  tax  of  two  cents  per  acre  on 
the  town  of  Victory,"  with  an  order  of  the  House  upon  the  same  that  it 
be  referred  to  the  land  tax  committee,  whereupon  Resolved  to  concur 
in  said  orders  of  reference. 

The  petition  of  Ebenezer  Conant  and  others,  of  Sundry  freeholders  of 
eastern  highway  District  in  Waltham,  of  Mosely  Hall  and  others,  of 
Timothy  Burton,  of  N.  W.  Broughton  and  others,  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  the  petition  of  the  Selectmen  of  Sommersett,  of  Samuel  Par- 
ker and  others,  and  of  Abijah  Wright,  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Committee  of  ways  arid  means, 
whereupon  Resolved  to  concur  in  said  orders  of  Reference. 

Received  the  petition  of  Benjamin  Pratt,  of  Alexander  Campbell,  with 
an  order  of  the  House  on  each,  that  the  same  be  referred  to  the  Com- 
mittee of  New  trials.  Whereupon  Resolved  to  concur  in  said  orders  of 
reference. 

Received  the  account  of  George  W.  Drew,  overseer  of  the  poor  of 
Danville,  An  act  directing  the  Treasurer  to  pay  Joseph  Jennison  and 
others,  An  act  directing  the  Treasurer  to  pay  Robert  Temple  the  sum 
therein  mentioned,  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  the  petition  of  J.  Knowles,  of  John  Beckwith,  of  Lucius  Doo- 
little  and  Samuel  Ripley,  of  Timothy  P.  Bartholomew,  of  Calvin  Robin- 
son, of  William  Trumbull,  of  Thomas  Hooker,  of  Otis  King,  of  the  Se- 
lectmen of  Brandon,  of  Cyrenius  M  Fuller  and  Asa  Briggs,  of  the  Se- 
lectmen of  New  Haven,  of  Benjamin  B.  Sargent,  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  a  bill  entitled  "  An  act  in  addition  to  an  act  to  authorize  the 
Supreme  Court  to  empower  Guardians  to  sell  the  real  estate  of  their 


Governor  and  Council — October  1823.  71 

wards,"  The  petition  of  the  baptist  Church  in  Brandon,  with  an  order  of 
the  House  on  each  that  the*  same  be  referred  to  the  Judiciary  Commit- 
tee, whereupon  Resolved  to  concur  in  said  orders  of  reference. 

Received  a  resolution  from  the  House,  upon  the  subject  of  appointing 
a  Reporter  of  the  decisions  of  the  Supreme  Court,  with  an  order  of  the 
House  upon  it,  that  it  be  referred  to  the  Judiciary  Committee,  where- 
upon Resolved  to  concur  in  said  order  of  reference. 

Received  the  petition  of  the  Selectmen  of  Hancock,  with  an  order  of 
the  House  upon  it  that  the  same  be  referred  to  the  Judiciary  Committee 
— whereupon  Resolved  to  concur  in  said  order  of  reference. 

Received  the  petitions  of  Rufus  Stearns,  of  Elijah  Nason,  of  William 
E.  Bradish,  of  Fanny  Sweeny,  of  Charles  Sweeny,  and  a  bill  entitled 
"  An  act  for  the  relief  of  persons  imprisoned  for  debt,"  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  Committee  on  Insol- 
vency,— whereupon  resolved  to  concur  in  said  orders  of  reference. 

Received  the  petitions  of  Orin  Field  and  others,  of  Sundry  inhabitants 
of  Danby,  of  Silas  N.  Eastman  and  others,  of  William  R.  Sanford  and 
others,  of  James  Johnson  and  others,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Military  Committee — whereupon  Re- 
solved to  concur  in  said  orders  of  reference. 

Received  the  following  entitled  bills  to  wit:  "  An  act  authorizing  the 
Quarter  Master  General  to  loan  arms  to  Capt.  [Alden]  Partridge,  An  act 
in  addition  to  and  amendment  of  an  act  entitled  'An  act  regulating  and 
governing'  the  militia  of  this  State,' "  with  an  order  of  the  House  on  each, 
that  the  same  be  referred  to  the  military  Committee,  whereupon  Re- 
solved to  concur  in  said  orders  of  reference. 

Adjourned  to  2  O  clock  P.  M. 

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

The  petitions  of  Stewart  Chellis  for  pardon,  of  John  Barnes,  of  Jacob 
A.  Spencer  for  pardon,  were  severally  taken  up,  read  and  on  motion  or- 
dered to  be  dismissed. 

The  petition  of  Anson  Church  was  taken  up,  read  and  on  motion  or- 
dered to  lye  [lie]  on  the  table. 

Adjourned  to  9  Oclock  to-morrow  morning. 


Tuesday  October  14th'  1823.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment. 

Mr-  Dana  of  Orange  County  appeared  in  the  Council,  was  duly  quali- 
fied and  took  his  seat. 

A  message  was  received  from  the  House  informing  the  Governor  and 
Council,  that  agreeably  to  the  rules  of  the  House  they  have  appointed 
the  following  Standing  Committees  in  addition  to  those  heretofore  ap- 
pointed, in  which  they  request  the  Governor  and  Council  to  join,  to  wit: 
A  committee  of  13  to  be  denominated  the  general  Committee,  A  Com- 
mittee of  4  denominated  the  literary  Committee.  Whereupon  resolved 
to  join  in  the  appointment  of  said  committees.  Mr-  Dana  of  O.  was 
appointed  on  the  General  Committee.  Mr-  Wetmore  was  appointed  on 
the  literary  Committee. 

The  Lieut.  Governor  moved  to  reconsider  the  vote  to  dismiss  the 
Petition  of  Jacob  A.  Spencer  for  pardon  and  the  question  was  put  and 
carried  in  the  affirmative  and  the  same  was  ordered  to  lie  on  the  table. 

The  petitions  of  Raymond  Begary,  and  Jesse  Brooks  for  pardon,  were 
severally  taken  up,  read  and  on  motion  ordered  to  be  dismissed. 


72  Governor  and  Cowicil — October  1823. 

Received  the  petition  of  Gordon  Newell  and  others  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  committee  of  4  to  join 
from  Council,  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Holley  was  appointed  from  Council. 

Received  the  bill  entitled  "An  act  annexing  the  County  of  Essex  to 
the  County  of  Caledonia,"  with  an  order  of  the- House  thereon  that  the 
same  be  referred  to  a  committee  of  4  to  join  from  Council,  whereupon, 
resolved  to  concur  in  said  order  of  reference,  and  Mr  Pratt  was  appointed 
from  Council. 

Received  the  petition  of  Ebenezer  Wilder  and  others  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  a  committee  of  4  to  join 
from  Council,  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Proctor  was  appointed  from  Council. 

Received  the  Petition  of  Silas  Baldwin  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 
the  Lieut.  Governor  was  appointed  from  Council. 

Received  the  Petition  of  Christopher  Minot  and  others  with  an  order 
of  the  House  thereon,  that  the  same  be  referred  to  a  committee  of  4  to 
join  from  Council,  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence and  Mr-  Dana  of  O.  was  appointed  from  Council. 

Received  the  Petition  of  Abel  Darby  with  an  order  of  the  House 
thereon,  that  the  same  be  referred  to  a  committee  of  4  to  join  from 
Council,  whereupon  resolved  to  concur  in  said  order  of  reference  and 
Mr  Butler  was  appointed  from  Council. 

Received  the  Petitions  of  Sylvanus  Sayre,  of  Daniel  Elliot,  of  Clark 
Watson,  of  John  Lanks  3d»  of  Asa  Chamberlin,  of  George  W.  Parker, ' 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  a  Com- 
mittee of  4  to  join  from  Council;  whereupon  resolved  to  concur  in  said 
orders  of  reference,  and  Mr  Berry  was  appointed  from  Council. 

Received  the  Petition  of  Amos  Churchill  and  others  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  a  Committee  of  4  to 
join  from  Council;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence, and  Mr-  Holley  was  appointed  from  Council. 

Received  the  bill  entitled  "An  act  incorporating  Hog  Island  into  a 
town  by  the  name  of  Elizabethtown,"  The  Petitions  of  sundry  inhabi- 
tants of  Bristol,  of  Robert  Johnson  and  others,  of  Joseph  Anthony  and 
others,  of  sundry  inhabitants  of  Troy,  Jay  and  Westfield,  of  sundry 
inhabitants  of  Coit's  Gore,  Belvidere  and  Cambridge,  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  Committee  raised 
on  the  Petition  of  Amos  Churchill  and  others;  whereupon  resolved  to 
concur  in  said  orders  of  reference. 

Received  the  Petitions  of  Josiah  Wood  Jr-  and  others,  of  Luther  Parks 
and  others,  of  William  Marshall  and  others,  with  an  order  of  the  House 
on  each,  that  the  same  be  referred  to  the  land  tax  Committee,  where- 
upon resolved  to  concur  in  said  orders  of  reference. 

Received  the  Petition  of  Asa  Aldis  and  others  for  a  bank,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  4 
to  join  from  Council,  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence and  Mr-  Dana  of  C.  was  appointed  from  Council.  Received  the 
Petitions  of  Charles  K.  Williams  and  others,  of  Apollus  [Apollos]  Aus- 
tin and  others,  of  Augustine  Clark  [Clarke]  and  others  for  banks,  with 
an  order  of  the  House  on  each,  that  the  same  be  referred  to  the  Commit- 
tee raised  on  the  petition  of  Asa  Aldis  and  others;  whereupon  re- 
solved to  concur  in  said  orders  of  reference. 

Received  the  Petition  of  Jonas  Galusha  and  others,  with  an  order  of 


Governor  and  Council — October .1823.  73 

the  House  thereon  that  the  same  be  referred  to  the  General  Committee; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

Received  the  Petitions  of  the  officers  of  the  2d  Company  of  Cavalry  an- 
nexed to  the  1st  Brigade  and  2d  Division  of  the  militia,  of  Abel  Lyman, 
of  Henry  Thomas  and  others,  of  John  Wright  and  others,  of  Jonathan 
Baker  Junr«  with  an  order  of  the  House  on  each,  that  the  same  be  refer- 
red to  the  military  Committee;  whereupon  resolved  to  concur  in  said 
orders  of  reference. 

Received  the  Petitions  of  Isaac  Rixford,  of  Richard  L.  Dickerman,  of 
Benjamin  Adams,  and  a  bill  entitled  ''An  act  directing  the  Treasurer  to 
pay  Job  Lyman,"  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  a  bill  entitled  "  An  act  in  addition  to  an  act  relating  to  jails 
and  jailers  and  for  the  relief  of  persons  imprisoned  therein,"  with  an  or- 
der of  the  House  thereon,  that  the  same  be  referred  to  the  Judiciary 
Committee;  whereupon  resolved  to  concur  in  said  order  of  reference. 

Received  a  bill  entitled  "  An  act  for  the  relief  of  the  town  of  Goshen," 
with  an  order  of  the  House  thereon,  that  the  same  be  referred  to  the 
Committee  of  Ways  and  Means;  whereupon  resolved  to  concur  in  said 
order  of  reference. 

Received  the  Petition  of  Isaac  Knight,  with  an  order  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  Petition  of  Isaac  Kimball  administrator  of  Samuel  Bar- 
ber, with  an  order  of  the  House  thereon,  that  the  same  be  referred  to 
the  Committee  of  New  trials;  whereupon  resolved  to  concur  in  the  said 
order  of  refereuce. 

Received  the  Petition  of  Oramel  Hutchinson  and  others,  with  an  or- 
der of  the  House  thereon,  that  the  same  be  referred  to  the  literary  com- 
mittee; whereupon  resolved- to  concur  in  the  said  order  of  reference. 

The  House  sent  up  the  following  resolutions  to  wit: 

"In  General  Assembly  October  13th»  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  that  part  of  his  excellency's  speech 
which  relates  to  domestic  manufactures  be  referred  to  the  Committee  of 
Manufactures.  Resolved  that  that  part  of  his  excellency's  speech  which 
relates  to  education  be  referred  to  the  literary  Committee.  Resolved 
that  tnat  part  of  it  which  relates  to  agriculture  be  referred  to  the  Com- 
mittee of  Agriculture.  Resolved  that  that  part  of  ty  which  relates  to  the 
education  of  the  deaf  and  dumb  be  referred  to  the  Committee  raised  on 
the  Petition  of  Silas  G.  Baldwin."  Whereupon  resolved  to  concur  in 
passing  said  resolutions. 

Received  from  the  House  the  following  resolution  for  concurrence  to 
wit :  "In  General  Assembly  October  13th>  1823.  Resolved  that  the  Judi- 
ciary Committee  be  instructed  to  inquire  into  the  propriety  of  repealing 
that  part  of  the  act  relating  to  paupers,  that  makes  it  necessary  to  re- 
cord the  time  that  any  person  removes  into  any  town  in  order  to  gain  a 
residence,  and  make  report  to  this  House;"  whereupon  resolved  to  con- 
cur in  passing  said  resolution.     Adjourned  to  2  O  clock  P.  M. 

2  O  clock  P.  M.  -The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  Petition  of  Samuel  Blackington  for  pardon  was  taken 
up,  read  and  the  question  was  put,  "  Shall  the  said  Samuel  Blackington 
be  discharged  from  his  said  confinement  ?"  which  was  determined  in  the 
affirmative.  Yeas  11,  Noes  0.  Those  who  voted  in  the  affirmative  are 
the  Lieut.  Governor,  Messrs.  Berry,  Butler,  Daua  of  O.  Chittenden, 
Dana  of  C.  Holley,  Pratt,  Proctor,  Stanley,  Wetmore.    The  Petition  of 


74  Governor  and  Council — October  1823. 

Joseph  Clark  for  pardon  was  taken  up,  read  and  on  motion  of  Mn  Dana 
of  O.  was  ordered  to  be  dismissed.  The  Petition  of  Jeremiah  Comstock, 
a  convict  in  the  state  prison,  was  taken  up  and  the  question  put  "  Shall 
the  said  Jeremiah  Comstock  be  discharged  from  his  said  confinement  ?" 
which  was  determined  in  the  affirmative.  Yeas  9,  Nays  2.  Those  who 
voted  in  the  affirmative  are  the  Lieut.  Gov.  Messrs.  Berry,  Butler,  Chit- 
tenden, Dana  of  C.  Holley,  Pratt,  Stanley  and  Wetmore.  Those  who 
voted  in  the  negative  are  Messrs.  Dana  of  O.  and  Proctor.  The  Peti- 
tion of  Eseck  Comstock,  a  convict  in  the  state  prison,  was  taken  up  and 
the  question  put  "  Shall  the  said  Eseck  be  discharged  from  his  said  con- 
finement," which  was  determined  in  the  affirmative.  Yeas  9,  Nays  2. 
Those  who  voted  in  the  affirmative  are  the  Lieut.  Gov.  Messrs.  Berry, 
Butler,  Chittenden,  Dana  of  C.  Holley,  Pratt,  Stanley  and  Wetmore. 
Those  in  the  negative  are  Messrs.  Dana  of  O.  and  Proctor. 

Recd-  from  the  House  the  account  current  and  report  of  the  Superin- 
tendant  and  Warden  of  the  state  prison,  with  an  order  thereon,  that  the 
same  be  referred  to  the  Committee  of  ways  and  means;  whereupon 
resolved  to  concur  in  the  said  order  of  reference.  Adjourned  to  9  Oclock 
to  morrow  morning. 


Wednesday  October  15lh>  1823.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Mr-  Lang- 
don  appeared  in  the  Council,  was  qualified  and  took  his  seat. 

Received  from  the  House  the  Petition  of  Sundry  inhabitants  of  Con- 
cord, with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  literary  Committee;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

Received  the  Petition  of  Jared  Parkhurst  and  others,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
Insolvency;  whereupon  resolved  to  concur  in  the  said  order  of  reference. 

Recd-  the  Petitions  of  the  selectmen  of  Washington,  of  the  selectmen 
of  Newport,  of  the  selectmen  of  Brownington,  of  William  Baxter  and 
Roger  Enos,  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  land  tax  Committee;  whereupon  resolved  to  concur  in 
the  said  orders  of  reference. 

Recd-  the  Petition  of  Elisha  Tucker  and  others,  with  an  order' of  the 
House  thereon  that  tjie  same  be  referred  to  the  committee  raised  on  the 
petition  of  Amos  Churchill  and  others;  whereupon  resolved  to  concur 
in  the  said  order  of  reference. 

Recd-  the  Petitions  of  Cyrenius  M.  -Puller  and  Asa  Briggs,  of  Thomas 
Keyes  and  others,  and  a  bill  entitled  "An  act  directing  the  Treasurer  to 
pay  Jonathan  Cook  the  sum  therein  mentioned,"  with  an  order  of  the 
House  on  each,  that  the  same  be  referred  to  the  Committee  of  Claims; 
whereupon  resolved  to  concur  in  the  said  orders  of  reference. 

Recd-  the  petition  of  [William]  Williams  and  others,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  Committee  of  4  to  join 
from  Council;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Stanley  was  appointed  from  Council. 

Recd-  the  Petition  of  Daniel  G.  Huntington  and  Seth  J.  Hitchcock 
with  an  order  of  the  House  thereon,  that  the  same  be  referred  to  a 
Committee  of  4  to  join  from  Council;  whereupon  resolved  to  concur  in 
said  order  of  reference  and  Mr-  Dana  of  O.  was  appointed  from  Council. 

Recd-  the  following  resolution  for  concurrence  to  wit :  "In  General  As- 
sembly October  14th-  1823.  Resolved  that  his  Excellency  the  Governor 
be  requested  to  appoint  thursday  the  4th  day  of  December  next,  to  be 


Governor  and  Council — October  1823.  75 

observed  as  a  day  of  public  thanksgiving  and  praise   throughout  this 
state,"  whereupon  resolved  to  concur  in  passing  said  resolution. 

Recd-  the  following  resolution  for  concurrence  to  wit :  "  In  General 
Assembly  Octr-  14th»  1823.  Resolved  the  Governor  and  Council  concur- 
ring herein  that  the  Committee  of  ways  and  means  be  instructed  to  in- 
quire into  the  expediency  of  providing  by  law,  for  giving  a  specified 
bounty,  for  apprehending  each  felon,  together  with  the  expenses  of  trans- 
porting from  the  place  of  taking  to  the  place  of  trial,  such  expenses  to  be 
adjusted  by  the  Supreme  Court;"  whereupon  resolved  to  concur  in  pass- 
ing said  resolution. 

Recd-  the  following  resolution  for  concurrence,  to  wit :  "  In  General 
Assembly  October  14th'  1823.  Resolved  that  the  General  Committee  be 
instructed  to  inquire  as  to  the  expediency  of  altering  the  laws  in  relation 
to  taking  the  general  list  of  this  state,  so  far  as  to  require  lists  to  be 
made  out  of  what  the  taxable  inhabitants  are  possessed  on  the  first  day 
of  April  annually;"  whereupon  resolved  to  concur  in  passing  said  reso- 
lution. 

Recd-  from  the  House  the  following  resolution  for  concurrence  to  wit  : 
"In  General  Assembly  Octr-  11th'  1823.  Resolved  that  the  Judiciary 
Committee  be  instructed  to  inquire  into  the  expediency  of  excluding  the 
admissions  of  depositions  as  legal  evidence  in  the  courts  of  law,  in  all 
cases  where  notice  to  the  adverse  party  is  not  certified ;"  whereupon  the 
same  being  read  it  was  resolved  to  concur  in  passing  said  resolution. 

Recd-  from  the  House  the  following  resolution  for  concurrence  to  wit : 
"  In  General  Assembly  October  11th'  1823.  Resolved  that  a  Committee 
of  4  members  be  appointed  to  be  joined  from  the  Council,  to  take  into 
consideration  the  expediency  of  making  provision  for  compiling,  arrang- 
ing and  reprinting  such  of  the  statute  laws  of  this  state  as  are  now  in 
force;"  whereupon  resolved  to  concur  in  passing  said  resolution  and  Mr- 
Langdon  was  appointed  from  Council. 

Recd-  from  the  House  a  bill  entitled  "  An  act  relating  to  the  Narrows 
bridge  across  Missisque  river  in  Sheldon,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Turnpike  Committee,  where- 
upon resolved  to  concur  in  said  order  of  reference. 

Recd-  the  Petition  of  Benjamin  Brown  and  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Military  Committee  ; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

The  Governor  and  Council  attended  in  the  House  of  Representatives 
to  make  County  appointments,  after  which  they  returned  to  the  Council 
Chamber.     Adjourned  to  2  O  clock  P.  M. 

2  O  clock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  Petition  of  John  Conant  was  taken  up,  read  and  on 
motion  of  Mr-  Wetmore  ordered  to  be  dismissed.  The  Petition  of  John 
Emerson,  a  convict  in  the  state  prison,  was  taken  up,  read  and  the  ques- 
tion put  "  Shall  the  said  John  Emerson  be  discharged  from  his  said  con- 
finement," which  was  determined  in  the  affirmative.  Yeas  8,  Nays  1. 
Those  who  voted  in  the  affirmative  are  the  Lieut.  Governor,  Messrs. 
Butler,  Chittenden,  Dana  of  C.  Pratt,  Proclor,  Stanley  and  Wetmore. 
Those  who  voted  in  the  negative  are  Mr-  Dana  of  O.  The  Petition  of 
Samuel  Elder  was  taken  up,  read  and  on  motion  ordered  to  be  dismissed. 

Received  from  the  House  a  bill  entitled  "  An  act  authorizing  the  ad- 
ministrator of  Abel  W.  Atherton  to  sell  and  convey  certain  lands  situate 
in  this  state,"  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Judiciary  Committee  ;  whereupon  resolved  to  concur  in 
said  order  of  reference.    Adjourned  to  9  Oclock  to  morrow. 


76  Governor  and  Council — October  1823. 

Thursday  October  16th»  1823.    9  o'clock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  Peti- 
tion of  Meriner  Floid  for  pardon  was  taken  up  and  on  motion  of  the 
Lieut.  Governor  was  ordered  to  be  dismissed.  The  Petition  of  Jacob  B. 
Gage  was  taken  up  and  on  motion  of  the  Lieut.  Governor  was  ordered 
to  be  dismissed.  The  Petition  of  Rufus  Green  for  pardon  was  taken  up 
and  on  motion  of  Mr-  Dana  of  O.  was  ordered  to  be  dismissed.  The  Pe- 
tition of  William  B.  Herrick  for  pardon  was  taken  up,  read  and  on  motion 
of  M>  Dana  of  C.  was  ordered  to  be  dismissed.  The  Petition  of  Thomas 
Handlin  was  taken  up  and  on  motion  of  the  Lieut.  Governor  was  ordered 
to  be  dismissed.  Resumed  the  consideration  of  the  Petition  of  Jacob 
Spencer  for  pardon  and  on  motion  the  same  was  ordered  to  lye  on  the 
table. 

Recd-  from  the  House  the  Petition  of  Daniel  Staniford,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
New  trials;  whereupon  resolved  to  concur  in  said  order  of  reference. 

Received  the  Petitions  of  Azariah  Webb,  of  Nicholas  Guindon,  of 
Isaac  Day,  with  an  order  of  the  House  on  each,  that  the  same  be  referred 
to  the  Committee  of  Claims;  whereupon  resolved  to  concur  in  said  or- 
ders of  reference. 

Recd-  the  Petitions  of  Christopher  G.  Champlin  and  others,  of  Albro 
Anthony  and  others,  with  an  order  of  the  House  on  each,  that  the  same 
be  referred  to  the  land  tax  Committee  ;  whereupon  resolved  to  concur 
in  said  orders  of  reference. 

Recd  the  Petitions  of  Adonijah  B.  Rodgers  and  others,  of  Lemuel 
Curtis  and  others,  of  the  officers  of  Cavalry  in  the  2d  Brigade  and  3d  Di- 
vision of  the  militia,  of  Horace  Hollister  and  others,  with  an  order  of  the 
House  on  each,  that  the  same  be  referred  to  the  military  Committee; 
whereupon  resolved  to  concur  in  said  orders  of  reference. 

Recd-  from  the  House  the  bill  entitled  "An  act  exempting  certain  per- 
sons from  arrest " — also  a  bill  entitled  "  An  act  directing  proceedings 
against  imprisoned  debtors  " — also  the  Petition  of  Hannah  Day,  with  an 
order  of  the  House  on  each,  that  the  same  be  referred  to  the  Judiciary 
Committee;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

Recd-  the  Petitions  of  Daniel  Wilcox,  of  Joseph  Frost,  of  Charles  Mc- 
Neil, of  John  Niles,  of  John  Doane  and  others,  of  Elisha  Boardman,  of 
the  Directors  of  Strafford  turnpike  company,  of  Abner  Field  and  others, 
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. 

Recd-  the  Petition  of  the  selectmen  of  Jamaica,  with  an  order  of  the 
House  thereon,  that  the  same  be  referred  to  a  committee  consisting  of 
the  members  of  Windham  County,  to  join  from  Council;  whereupon 
resolved  to  concur  in  said  order  of  reference,  and  Mr-  Proctor  was 
appointed  from  Council. 

Recd-  the  Petitions  of  William  Henry  and  others,  of  Miles  H.  Andrus 
and  others,  with  an  order  of  the  House  on  each,  that  the  same  be 
referred  to  the  General  Committee;  whereupon  resolved  to  concur  in 
said  oiders  of  reference. 

Recd-  from  the  House  the  following  resolution  for  concurrence  to  wit: 
"In  General  Assembly  October  15th»  1823.  Resolved  that  the  Judiciary 
Committee  be  directed  to  inquire  into  the  expediency  of  so  altering  the 
law  as  to  enable  County  Courts  to  direct  book  actions,  appealed  from 
justices  of  the  peace,  to  be  tried  by  auditors,  and  make  report  to  this 
House;"  whereupon  resolved  to  concur  in  passing  said  resolution. 

Recd-  from  the  House  the  following  resolution  for  concurrence  to  wit : 
"In  General  Assembly  October  15th'  1823.    Resolved,  the  Governor  and 


Governor  and  Council — October  1823.  77 

Council  concurring  herein,  that  there  be  a  committee  of  4  members 
appointed  from  the  House,  to  join  from  Council,  whose  duty  it  shall  be 
to  examine  into  the  situation  of  the  several  rights  of  land  in  this  State, 
granted  for  the  benefit  of  the  society  for  the  propagation  of  the  gospel 
in  foreign  parts,  and  report  to  this  House  whether  any,  and  if  any,  what 
further  measures  ought  to  be  adopted  in  relation  to  the  same;"  where- 
upon resolved  to  concur  in  said  order  of  reference  and  Mr-  Langdon  was 
appointed  from  Council. 

Adjourned  to  2  Oclock  P.  M.  at  which  time  the  Governor  and  Council 
met  pursuant  to  adjournment.  The  Petition  of  Jacob  Spencer  was 
taken  up  and  on  motion  ordered  to  be  dismissed.  The  Petition  of 
Alexander  Haggart  was  taken  up  and  on  motion  of  Mr-  Dana  of  O. 
ordered  to  be  dismissed. 

The  Petition  of  John  Jones,  for  pardon,  was  taken  up  and  the  question 
put  "Shall  the  said  John  Jones  be  discharged  from  confinement,"  which 
was  determined  in  the  affirmative — yeas  11,  nays  1.  Those  who  voted 
in  the  affirmative  are  the  Lieut.  Govr-  Messrs.  Berry,  Butler,  Chittenden, 
Dana  of  C.  Holley,  Langdon,  Pratt,  Proctor,  Stanley  and  Wetmore. 
Those  who  voted  in  the  negative  are  Mr-  Dana  of  O. 

The  Petitions  of  William  Johnson,  Theodore  Staples,  James  Jerman, 
Harvey  Metcalf,  William  W.  Noble,  David  Norris,  Alfred  Prentiss,. 
Peter  W.  Quackenbush,  of  Reuben  Rollins,  of  Benjamin  Smith,  of 
Leonard  Smith,  of'  John  Vevas,  of  Horace  Wheeler,  of  Thomas 
Williams,  of  George  Wheeler,  for  pardon  were  severally  taken  up,  read, 
and  on  motion,  ordered  to  be  dismissed. 

The  Petition  of  B.  S.  Munro  for  pardon  was  taken  up,  read  and  on 
motion  ordered  to  lye  on  the  table. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit: 
"In  General  Assembly  October  16th- 1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  houses  meet  in  the  representatives' 
room  to  morrow  at  ten  Oclock  in  the  forenoon,  for  the  purpose  of  elect- 
ing a  Warden  and  Superintendant  of  the  state  prison  for  the  year  ensu- 
ing;" whereupon  resolved  to  concur  in  passing  said  resolution  and  the 
Secretary  was  ordered  to  notify  the  House  accordingly. 

Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  October  17th- 1823.    9  O'clock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment. 

The  Petitions  of  Solomon  P.  Wheeler,  of  Levi  Noble,  of  Anson 
Church,  for  pardon,  were  severally  taken  up  and  on  motion  ordered  to 
be  dismissed. 

The  House  sent  up  the  following  for  the  concurrence  of  the  Governor 
and  Council  in  the  reference,  to  wit,  a  bill  entitled  "An  act  annexing 
the  town  of  Morristown  in  the  County  of  Orleans  to  Washington 
County;"  also  a  bill  entitled  "An  act  in  amendment  to  an  act  entitled 
an  act  annexing  a  part  of  the  town  of  Waitsfield  to  the  town  of  North- 
field,"  with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  committtee  raised  on  the  petition  of  Amos  Churchill  and  others; 
whereupon  resolved  to  concur  in  said  orders  of  reference. 

Received  the  Petition  of  the  President,  Directors  and  Stockholders  of 
the  Rutland  and  Stockbridge  turnpike  Company  praying  for  leave  to 
Surrender  a  part  of  the  road,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  turnpike  Committee;  whereupon  resolved 
to  concur  in  said  order  of  reference. 


78  Governor  and  Council — October  1823. 

Recd-  from  the  House  a  bill  entitled  "  An  act  directing  the  Treasurer 
to  pay  Abel  Page  the  sum  therein  mentioned  ;"  also  the  Petitions  of 
Benjamin  Brock,  of  Ephraim  Ingham  Jr.,  of  Daniel  Tufts,  and  the  ac- 
count of  Darius  Clark  against  the  state,  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. 

Recd-  from  the  House  the  bill  entitled  "  An  act  authorising  the  pres- 
ent Clerk  of  Essex  County  Court  to  certify  certain  records  in  the  County 
of  Essex,"  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. 

The  House  sent  up  for  revision  and  concurrence  &c.  an  engrossed  bill 
entitled  "  An  act  authorizing  the  administrator  of  Abel  W.  Atherton  to 
sell  and  convey  certain  lands  in  this  state,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  said  bill. 

Recd-  from  the  House  a  bill  entitled  "  An  act  for  the  relief  of  persons 
imprisoned  for  debt;"  also  a  bill  entitled  "An  act  relating  to  a  road  in 
Pittsford,"  with  an  order  of  the  House  on  each,  that  the  same  be  refer- 
red to  the  Judiciary  Committee  ;  whereupon  resolved  to  concur  in  said 
orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"In  General  Assembly  October  16th>  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  altering  the  present  law  so  far  as  to 
give  jurisdiction  to  justices  of  the  peace,  in  actions  of  trespass  on  the 
freehold,  and  also  to  provide  for  the  removal  of  such  actions,  and  all 
other  actions  brought  before  a  justice  of  the  peace,  for  the  rent  or  use 
and  occupation  of  real  estate  where  the  title  to  real  estate  is  concerned, 
to  the  County  Court;"  whereupon  resolved  [to  concur]  in  passing  said 
resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"In  General  Assembly  October  16th>  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  providing  *by  law,  that  whenever  any 
person  shall  prefer  a  petition  to  the  legislature  for  a  new  trial,  having 
previously  petitioned,  and  failed  to  obtain  the  same,  that  the  Petitioner 
in  such  case  shall  be  liable  to  the  petitionee  for  all  the  actual  trouble  and 
expense  which  he  may  be  subjected  to  in  consequence  of  such  second 
application  or  petition,  to  be  recovered  before  any  court  of  competent 
jurisdiction;"  whereupon  resolved  to  concur  in  passing  said  resolution. 

Recd-  the  Petitions  of  the  officers  of  the  Washington  Artillery  Com- 
pany, of  Josiah  Jaquith  and  others,  of  William  Gifford  and  others,  of  the 
officers  of  light  infantry,  with  an  order  of  the  House  on  each,  that  the 
same  be  referred  to  the  military  Committee;  whereupon  resolved  to  con- 
cur in  said  orders  of  reference. 

Recd-  from  the  House  a  bill  entitled  "  An  act  authorising  the  town  of 
Fairfax  to  receive  and  hold  land  by  gift  or  purchase  for  the  support  of 
common  schools  " — also  a  communication  from  the  Secretary  of  State, 
with  an  order  of  the  House  on  each,  that  the  same  be  referred  to  the  lit- 
erary Committee  ;  whereupon  resolved  to  concur  in  said  orders  of  ref- 
erence. 

Recd-  the  Petition  of  Amos  Hutchinson,  Guardian  to  Frederick  White, 
with  an  order  of  the  House  thereon,  that  the  same  be  referred  to  a 
committee  of  4  to  join  from  Council;  whereupon  resolved  to  concur  in 
said  order  of  reference  and  Mr-  Holley  was  appointed  from  Council. 

Recd-  the  Petition  of  Dudley  Chase  and  others  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  4  to  join  from 


Governor  and  Council — October  1823.  79 

Council;  whereupon  resolved  to  concur  in  said  order  of  reference  and 
the  Lieut.  Govr-  was  appointed  from  Council. 

Recd-  the  Petition  of  Jonathan  Fassett  with  an  order  of  the  House 
thereon,  that  the  same  be  referred  to  a  committee  of  4  to  join  from 
Council ;  whereupon  resolved  to  concur  in  said  order  of  reference  and 
Mr-  Langdon  is  appointed  from  Council. 

Recd-  the  Petitions  of  Curtis  Kelsey  Jr.,  of  Miles  W.  Blanchard,  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Com- 
mittee of  Insolvency;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit, 
"In  General  Assembly  October  15th- 1823.  Resolved  that  a  Committee  of 
4  members  from  the  House,  to  join  from  Council,  be  raised  to  inquire 
if  any  and  what  alterations  ought  to  be  made  in  the  existing  law  rela- 
tive to  the  inspection  of  provisions  intended  for  exportation,  and  that 
they  have  leave  to  report  by  bill  or  otherwise;"  whereupon  resolved 
to  concur  in  passing' said  resolution,  and  Mr-  Dana  of  O.  is  appointed 
from  Council. 

Recd-  from  the  House  a  bill  entitled  "An  act  incorporating  the 
Windsor  Manufacturing  Company,"  with  an  order  of  the  House  thereon, 
that  the  same  be  referred  to  the  Committee  of  Manufactures;  where- 
upon resolved  to  concur.in  said  order  of  reference. 

Recd-  the  Petitions  of  Ralph  Chamberlin  and  Stephen  Perkins,  of 
Israel  Hurlburt,  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  Committee  of  ways  and  means;  whereupon  resolved  to 
concur  in  said  orders  of  reference. 

Recd-  the  Petitions  of  Elias  Hall,  of  Elias  Keyes,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  Committee  of  New 
trials;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

Recd-  from  the  House  a  bill  entitled  "An  act  laying  a  tax  of  4  cents 
per  acre  upon  Mansfield,"  also  the  Petition  and  remonstrance  of  Samuel 
H.  Hovey  and  others,  also  a  bill  entitled  "An  act  to  repeal  the  providing 
clause  in  an  act  passed  Novr-  6th>  1822,"  with  an  order  of  the  House  on 
each,  that  the  same  be  referred  to  the  land  tax  committee;  whereupon 
resolved  to  concur  in  said  orders  of  reference. 

The  Governor  and  Council  attended  in  the  House  of  representatives 
and  together  with  the  House  elected  a  Warden  and  Superintendant  of 
the  state  prison  for  the  year  ensuing,  and  returned  to  the  Council 
Chamber.1 

Adjourned  to  2  Oclock  P.  M. 

2  O  clock  P.  M.— His  Honor  the  Lieut.  Governor  and  the  Council 
met  pursuant  to  adjournment. 

M'Dana  of  O.  moved  to  reconsider  the  vote  to  dismiss  the  petition  of 
George  Wheeler  and  ihe  question  was  put  and  carried  in  the  affirmative 
and  the  same  was  ordered  to  lye  on  the  table. 

Adjourned  to  9  O  clock  to  morrow  morning. 


Saturday  October  18th'  1823.     9  o'clock  A.  M. 
The  Lieut.   Govr-  and  Council  met  pursuant  to  adjournment.    The 
House  sent  up  the  following  resolution  for  concurrence  to  wit:  "In  Gen- 
eral Assembly  October  16th»  1823.     Resolved  the  Judiciary  Committee 


1  Jabesh  Hunter  was  elected  Warden,  and  John  H.  Cotton  Superin- 
tendent. 


80  Governor  and  Council — October  1-823. 

be  instructed  to  inquire  into  the  expediency  of  abolishing  imprisonment 
for  debt  from  and  after  the  first  day  of  January  next,  and  report  by  bill 
or  otherwise;"  whereupon  resolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit: 
"In  General  Assembly  October  17th'  1823.  Resolved,  the  Govr-  and 
Council  concurring  herein,  that  the  General  Committee  be  instructed  to 
inquire  into  the  expediency  of  passing  a  law  to  prevent  travelling  faster 
than  a  walk  across  bridges  in  this  state,  and  to  report  by  bill  or  other- 
wise;" whereupon  resolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  an  engrossed  bill  entitled  "  An  act  to  repeal  part 
of  an  act  therein  mentioned;"  whereupon  resolved  to  concur  in  passing 
this  bill.  Also,  u  An  act  annexing  a  part  of  the  town  of  Plymouth  in  the 
County  of  Windsor  to  the  town  of  Shrewsbury  in  the  County  of  Rut- 
land," which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the  two  bills 
last  mentioned. 

The  House  sent  up  for  revision  and  concurrence  &c.  an  engrossed  bill 
entitled  "an  act  relating  to  the  Narrows  Bridge  across  the  Missisque 
River  in  Sheldon,"  which  was  read  and  on  motion  referred  to  Mr-  Lang- 
don  to  consider  and  report  thereon. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  engrossed 
bill  entitled  "  An  act  in  addition  to  an  act  entitled  an  act  to  preserve  the 
fish  in  the  several  waters  in  the  County  of  Rutland,  passed  Novr-  Sth» 
1822,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'y  inform  the  House  accordingly. 

Recd-  from  the  House  the  petition  of  the  Trustees  of  the  University  of 
Vermont  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Literary  Committee;  whereupon  resolved  to  concur  in  said  order 
of  reference. 

Recd-  the  pe[ti]tion  and  remonstrance  of  Samuel  H.  Hovey  and  others, 
also  the  petition  of  Eli  Hunt  and  others,  also  the  petition  of  Nathaniel 
Hanxhurstand  others,  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  Committee  raised  on  the  petition  of  Amos  Churchill 
and  others;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

Recd-  from  the  House  the  petition  of  John  Beckwith  and  a  bill  accom- 
panying the  same,  with  an  order  on  each  that  the  same  be  recommitted 
to  the  Committee  of  Claims;  whereupon  resolved  to  concur  in  said  or- 
der of  recommitment. 

Recd-  from  the  House  the  petition  of  Absalom  Fuller,  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  the  Committee  of  New 
Trials;  whereupon  resolved  to  concur  in  said  order  of  reference. 

Recd-  the  petition  of  Joshua  Hale  and  others,  with  an  order  of  the 
House  thereon,  that  the  same  be  referred  to  the  Committee  raised  upon  the 
petition  of  Asa  Aldis  and  others;  whereupon  resolved  to  concur  in  said 
order  of  reference.  * 

Recd-  the  petition  of  Manasseh  Divoll  and  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  military  Committee; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

Resumed  the  consideration  of  the  petition  of  Nathaniel  Smith,  for  the 
remission  of  a  certain  fine  &  cost,  and  on  motion  the  same  was  ordered 
to  lye  on  the  table.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — His  Honor  the  Lieut.  Governor  and  the  Council 
met  pursuant  to  adjournment. 

The  House  sent  up  for  revision  and  concurrence  &c.  an  engrossed  bill 
entitled  "An  act  granting  to  Charles  McNeil  the  exclusive  right  of 
keeping  a  ferry  from  Charlotte  across  Lake  Champlain,"  which  was  read, 


Governor  and  Council — October  1823.  81 

whereupon  resolved  to  concur  in  passing  this  bill.  Also,  "  An  act  in 
addition  to  an  act  to  authorise  the  Supreme  Court  to  impower  Guardians 
te  sell  the  real  estate  of  their  wards,  passed  the  6th  day  of  Feb'y  1804," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also,  "  An  act  for  the  relief  of  the  Town  of  Sommersett,"  which  was 
read,  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act 
for  the  relief  of  the  town  of  Goshen,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  to  repeal  a  part  of 
an  act  therein  mentioned,"  which  was  read;  whereupon  Resolved  to  con- 
cur in  passing  this  bill.  And  the  Secretary  was  ordered  to  notify  the 
House  of  the  passage  of  the  five  bills  last  mentioned.  Adjourned  to 
Monday  morning  next  9  Oclock  A.  M. 

Monday  October  20th>  1823. 

His  Honor  the  Lieut.  Governor  and  the  Council  met  pursuant  to 
adjournment.  The  House  sent  up  for  revision  and  concurrence  &c.  an 
engrossed  bill  entitled  "An  act  directing  the  Treasurer  to  pay  Benjamin 
Adams  the  sum  therein  mentioned,"  which  was  read,  whereupon  re- 
solved to  concur  in  passing  this  bill.  And  the  Secretary  was  ordered  to 
inform  the  House  accordingly. 

Recd-  from  the  House  a  bill  entitled  "An  act  to  authorize  the  sale  of 
lands  in  Westhaven,"  Also  a  bill  entitled  "An  act  in  addition  to  an  act 
therein  mentioned,"  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  Judiciary  Committee;  whereupon  resolved  to  concur 
in  said  orders  of  reference. 

Recd-  from  the  House  a  bill  entitled  "  An  act  to  incorporate  the  Wind- 
sor female  academy  "  with  an  order  of  the  House  on  the  same,  that  it  be* 
referred  to  the  Literary  Committee;  whereupon  resolved  to  concur  in 
said  order  of  reference. 

Recd-  from  the  House  "An  act  to  repeal  the  providing  clause  in  an  act 
passed  Nov1"-  6th-  1822,"  with  an  order  of  the  House  thereon  that  the 
same  be  recommitted  to  the  land  tax  Committee;  whereupon  resolved 
to  concur  in  said  order  of  recommitment. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"in  General  Assembly  October  18th'  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  altering  or  amending  an  act  entitled 
"An  act  for  the  purpose  of  regulating  suits  respecting  landed  property, 
and  directing  the  proceedings  therein,  passed  15th  Novr- 1820,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  bill  entitled  "An  act  to  incorporate  the  Phi 
Sigma  Nu  Society  of  the  University  of  Vermont,"  for  the  concurrence 
of  the  Govr-  &  Council,  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  bill. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"In  General  Assembly  October  18th-  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  auditor  of  accounts  against  this 
state  be  directed  to  audit  and  allow  all  accounts  against  this  state  for 
publishing  the  General  orders  of  the  Commander  in  Chief  of  the  Militia 
of  this  state,  when  such  publication  is  made  by  direction  of  the  Adjutant 
and  Inspector  General,"  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  resolution,  and  the  Secretary  was  ordered  to  inform  the 
House  of  the  concurrence  of  the  Governor  and  Council  in  the  passage  of 
the  bills  last  mentioned,  and  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit, 
"  In  General  Assembly  October  18th'  1823.     Resolved  that  the  General 

6 


82  Governor  and  Council — October  1823. 

Committee  be  instructed  to  inquire  into  the  expediency  of  altering  the 
time  of  the  session  of  the  Supreme  Court  in  some  of  the  counties  in 
this  state,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
•'  In  General  Assembly  October  18th'  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  That  the  Committee  of  ways  and  means  be 
instructed  to  report  a  bill  for  the  compensation  of  the  Superintendant  of 
the  Vermont  State  prison,  for  his  services  for  the  past  year,"  which  was 
read,  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  petition  of  George  Wheeler,  a  convict  in  the  state  prison,  was 
called  up,  read,  and  the  question  put  "  Shall  the  said  George  Wheeler  be 
discharged  from  his  said  confinement,"  which  was  determined  in  the 
affirmative — yeas  10,  nays  0.  Those  who  voted  in  the  affirmative  are 
Messrs.  Berry,  Butler,  Dana  of  O.  Dana  of  C.  Holley,  Langdon,  Pratt, 
Proctor,  Stanley  and  Wetmore. 

The  petition  of  Bohan  S.  Muuro  was  called  [up,]  read  and  on  motion 
ordered  to  be  dismissed.  The  petition  of  John  F.  Bradley,  for  pardon, 
was  called  up,  read  and  on  motion  of  Mr-  Berry  ordered  to  be  dismissed. 
The  petition  of  Nathan  Smith  was  called  up,  read,  and  on  motion,  or- 
dered to  be  dismissed.     Adjourned  to  2  Oclock  P.  M. 

2  O  clock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Mr  Langdon,  to  whom  was  referred  the  bill  entitled  "  An 
act  relating  to  the  Narrows  Bridge  across  Missisque  river  in  Sheldon," 
reported  the  same  with  an  amendment  which  was  read  and  adopted; 
whereupon  resolved  to  concur  in  passing  said  bill  with  the  proposed 
.amendment.  Mr  Langdon  reported  the  following  reason  for  said 
amendment,  to  wit,  "  That  for  all  injuries  done  to  property  of  this  de- 
scription, the  remedy  should  be  a  summary  one,"  which  was  read  and 
adopted.  Ordered  that  the  Sec'y  return  said  bill  with  the  amendment 
and  reason  aforesaid  to  the  House  and  request  their  concurrence.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Tuesday  October  218t>  1823.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Recd-  from 
the  House  the  bill  entitled  "  An  act  directing  the  proceedings  against 
the  trustees  of  imprisoned  debtors  "  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  a  select  committee  to  be  joined  from  Coun- 
cil; whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr- 
Langdon  was  appointed  from  Council. 

Received  the  petition  of  Jeremiah  Nourse  and  others,  and  of  Philetus 
Pier  and  others,  with  an  order  of  the*  House  on  each  that  the  same  be 
referred  to  the  Committee  raised  on  the  petition  of  Amos  Churchill  and 
others,  whereupon  resolved  to  concur  in  said  orders  of  reference. 

Recd-  from  the  House  the  petition  of  the  Inhabitants  of  Concord  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Commit- 
tee raised  on  the  bill  entitled  "  An  act  annexing  Essex  County  to  Cale- 
donia," whereupon  resolved  to  concur  in  said  order  of  reference. 

Recd-  the  petition  of  Elias  Hall  with  an  order  of  the  House  thereon 
that  the  same  be  recommitted  to  the  Committee  of  New  trials,  where- 
upon resolved  to  concur  in  said  order  of  recommitment. 

Recd-  the  petition  of  Azariah  Webb  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  committee  raised  on  the  petition  of  Jon- 
athan Fassett,  whereupon  resolved  to  concur  in  said  order  of  reference. 

Recd-  the  petition  of  the  town  of  Newark  with  an  order  of  the  House 


Governor  and  Council — October  1823.  83 

thereou  that  the  same  be  referred  to  the  committee  raised  on  the  peti- 
tion of  Amos  Churchill  and  others,  whereupon  resolved  to  concur  in  said 
order  of  reference. 

Recd-  the  account  of  J.  D.  Huntington  with  an  order  of  the  House 
thereon,  that  the  same  be  referred  to  the  Committee  of  Claims,  where- 
upon resolved  to  concur  in  said  order  of  reference. 

Received  the  bill  entitled  "  An  act  directing  the  Treasurer  to  pay  the 
town  of  New  Haven  the  sum  therein  mentioned,1'  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  Committee  of 
Claims,  whereupon  resolved  to  concur  in  said  order  of  recommitment. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  20th- 1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  a  committee  of  two  members  of  this 
house  be  raised  to  join  from  Council,  to  inquire  into  the  expediency  of 
passing  a  law  for  the  appointment  of  inspectors  of  lumber,  in  the  several 
towns  in  this  state,  and  report  by  bill  or  otherwise,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  resolution,  and  Mr-  Dana 
of  O.  was  appointed  from  Council. 

Recd-  from  the  House  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  20th>  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  passing  a  law  authorising  the  Supreme 
Court  to  hear  and  determine  motions  and  petitions  for  rehearing  in 
questions  of  alimonv,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit: 
"In  General  Assembly  October  20th-  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  passing  a  law,  empowering  the  Su- 
preme and  County  Courts  to  hear  and  determine  all  claims  that  any 
person  or  persons  has  or  may  have  against  this  state  for  the  apprehend- 
ing of  felons,  and  that  said  committee  report  by  bill  or  otherwise,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  resolution. 
^  Adjourned  to  2  O  clock  P.  M.  at  which  time  the  Governor  and  Coun- 
cil met  pursuant  to  adjournment. 

Recd-  from  the  House  for  revision  and  concurrence  &c.  the  bill  enti- 
tled "  An  act  to  preserve  the  fish  in  the  waters  in  the  town  of  Morris- 
town,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill. 

Mr-  Wetmore  moved  to  reconsider  the  vote  to  dismiss  the  petition  of 
Thomas  Handlin,  a  convict  in  the  state  prison,  which  was  put  and  car- 
ried in  the  affirmative,  and  the  question  was  then  put  "  Shall  the  said 
Thomas  Handlin  be  discharged  from  his  said  confinement,"  which  was 
determined  in  the  affirmative — yeas  7,  nays  5.  Those  who  voted  in  the 
affirmative  are  the  Lieut.  Governor,  Messrs.  Berry,  Chittenden,  Dana  of 
0.  Holley,  Pratt  and  Stanley.  Those  who  voted  in  the  negative  are 
Messrs.  Butler,  Dana  of  O.  Langdon,  Proctor  and  Wetmore. 

Recd-  from  the  House  for  revision  and  concurrence  &c.  the  bill  entitled 
"An  act  to  preserve  the  fish  in  certain  waters  therein  mentioned," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 

Mr-  Wetmore  moved  to  reconsider  the  vote  to  concur  in  passing  the 
bill  entitled  "An  act  to  preserve  the  fish  in  the  waters  in  the  town  of 
Morristown,"  which  was  put  and  carried  in  the  affirmative.  Mr-  Wet- 
more proposed  an  amendment  to  said  bill  which  was  read  and  adopted, 
whereupon  resolved  to  concur  in  passing  this  bill  with  the  proposed 
amendment  and  Mr-  Wetmore  was  appointed  to  assign  reasons  to  the 
House. 


84  Governor  and  Council — October  1823. 

Recd-  from  the  House  for  revision  and  concurrence  &c.  the  bill  entitled 
"An  act  to  repeal  the  providing  clause  in  an  act  passed  Novr-  6th'  1822, 
entitled  an  act  laying  a  tax  of  one  cent  and  a  half  per  acre  on  the  town 
of  Navy,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  directing  the  Treasurer  to  pay  Job  Lyman  the  sum 
therein  mentioned,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  directing  the  Treasurer  to  pay  Timothy 
P.  Bartholomew  the  sum  therein  mentioned,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "An  act  for  the  relief 
of  George  W.  Parker,"  which  was  read,  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "An  act  annexing  the  2d-  Company  of  Cavalry 
in  the  l8t  Brigade  2d-  Division  of  the  militia  of  this  state  to  the  2d-  Regi- 
ment in  said  Brigade,"  which  was  read,  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "An  act  authorizing  the  Treasurer  of  this 
state  to  pay  Otis  King  the  sum  therein  mentioned,"  which  was  read, 
whereupon  it  was  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
directing  the  Treasurer  to  pay  Abel  Page  the  sum  therein  mentioned," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  appointing  a  collector  of  taxes  for  the  town  of  Han- 
cock," which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  for  the  relief  of  the  selectmen  of  Brandon,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  directing  the  Treasurer  to  pay  William  Boardman  the  sum  therein 
mentioned,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  bill.  Also,  "  An  act  laying  a  tax  of  three  cents  per  acre  on  the 
town  of  Albany  in  the  County  of  Orleans,"  which  was  read,  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  laying  a  tax  of 
four  cents  per  acre  on  the  town  of  Orange,"  which  was  read,  whereupon, 
resolved  to  concur  in  passing  this  bill.  Received  from  the  House  for 
revision  and  concurrence  &c.  The  bill  entitled  "An  act  laying  a  tax  of 
three  cents  per  acre  on  the  town  of  Victory  in  the  County  of  Essex," 
which  was  read,  whereupon,  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  laying  a  tax  of  four  cents  per  acre  on  the  town 
of  Brownington,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents  per  acre  on 
the  town  of  Westfield,"  which  was  read,  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents  per  acre  on 
the  town  of  Glover  in  the  County  of  Orleans,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "An  act  laying  a  tax 
of  four  cents  per  acre  on  the  town  of  Washington,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  in 
addition  to  an  act  and  to  revive  an  act  entitled  an  act  laying  a  tax  of 
four  cents  on  the  acre  on  the  town  of  Mansfield  in  the  County  of  Chit- 
tenden, passed  October  28th»  1822,"  which  was  read,  whereupon  resolved 
to  concur  in  passing  this  bill.  Ordered  that  the  Secretary  inform  the 
House  of  the  passage  of  the  19  bills  last  mentioned.  Adjourned  to  9 
Oclock  to  morrow  morning. 


Wednesday  October  22d»  1823.    9  o'clock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  22, 1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  houses  meet  in  Joint  Committee 
at  the  opening  of  the  House  this  afternoon,  for  the  purpose  of  electing  a 
Brigadier  General  of  the  2d-  Brigade  and  2d.  division  of  the  militia  of 


Governor  and  Council — October  1823.  85 

this  state,  and  also  a  person  to  preach  the  next  election  sermon,  and  also 
a  Surveyor  General,"  which  was  read  and  adopted  and  the  Sec'y  ordered 
to  inform  the  House  accordingly. 

Recd-  from  the  House  for  revision  and  concurrence  &c.  The  bill  entitled 
"An  act  granting  to  John  Niles  the  exclusive  right  of  a  ferry,"  which 
was  read  and  Mr-  Wetmore  proposed  amendments  to  the  same  which 
were  adopted  and  Mr-  Wetmore  was  appointed  to  assign  reasons  to  the 
House  for  said  amendments. 

Recd-  from  the  House  the  bill  entitled  "  An  act  to  incorporate  the 
President,  Directors  and  Company  of  the  farmers'  bank  in  Montpelier," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
committee  raised  on  the  petition  of  Asa  Aldis  and  others,  whereupon 
resolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  for  revision  and  concurrence  &c.  the  bill 
entitled  "  an  act  for  compensating  the  Superintendant  of  the  Vermont 
State  prison,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  bill.  And  the  Secretary  was  ordered  to  inform  the  House  of  the 
same. 

Received  from  the  House  the  bill  entitled  u  An  act  in  addition  to  and 
amendment  of  an  act  entitled  An  act  regulating  and  governing  the  mili- 
tia of  this  state,  passed  November  10th'  1818,"  with  an  order  of  the  House 
that  the  same  be  referred  to  the  military  Committee,  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  a  bill  entitled  "An  act 
in  addition  to  an  act  entitled  an  act  relating  to  jails  and  jailers  and  for 
the  relief  of  persons  imprisoned  therein,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee,  where- 
upon resolved  to  concur  in  said  order  of  reference. 

Recd-  the  bill  entitled  "  An  act  laying  a  tax  of  three  cents  per  acre  on 
the  town  of  Brunswick  in  the  County  of  Essex,"  with  an  order  of  the 
House  thereon,  that  the  same  be  recommitted  to  the  land  tax  Commit- 
tee— whereupon  resolved  to  concur  in  said  order  of  recommitment.  Also 
the  bill  entitled  "  An  act  in  amendment  to  an  act  entitled  an  act  annex- 
ing a  part  of  Waitsfield  to  the  town  of  Northfield,"  with  an  order  of  [the 
House]  thereon  that  the  same  be  referred  to  the  committee  raised  on  the 
petition  of  Amos  Churchill  and  others — whereupon  resolved  to  concur 
in  said  order  of  reference.  Recd-  from  the  House  a  bill  entitled  "  An  act 
for  annexing  a  part  of  the  town  of  Bristol  in  the  County  of  Addison  to 
the  town  of  Lincoln,"  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  the  committee  raised  upon  the  petition  of  Amos  Churchill 
and  others — whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  "  An  act  in  alteration  of  an  act  entitled  an  act  laying  duties  on 
licenses  to  Hawkers  and  pedlars,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Judiciary  Committee — whereupon  re- 
solved to  concur  in  said  order  of  reference. 

Recd-  the  petition  of  Zerah  B.  Thomas  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Claims— where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  the  petition  of 
the  inhabitants  of  Reading,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  4  to  join  from  Council,  whereupon 
resolved  to  concur  in  said  order  of  reference,  and  Mr-  Proctor  was  ap- 
pointed from  Council.  Also  "  An  act  authorising  the  Treasurer  of  this 
state  to  credit  the  first  constable  of  the  town  of  Bolton  for  the  year  1822 
the  sum  therein  mentioned,"  with  an  order  of  the  House  thereon,  that 
the  same  be  referred  to  the  Committee  of  ways  and  means — [whereupon 
resolved  to  concur  in  said  order  of  reference.] 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit: 
'•In  General  Assembly  October  21,  1823,  resolved,  the  Governor  and 


86  Governor  and  Council — October  1823. 

Council  concurring  herein,  that  the  General  Committee  be  instructed  to 
inquire  into  the  expediency  of  providing  by  law  that  all  kinds  of  per- 
sonal property  that  is  now  set  in  the  list  at  a  certain  amount  be  in  fu- 
ture assessed  by  the  listers  of  each  town  in  this  state  and  set  in  the  list 
at  per  cent,  on  the  real  value  thereof,  and  report  by  bill  or  other- 

wise," whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit: 
"  In  General  Assembly  October  21,  1823,  resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Committee  of  ways  and  means  be 
instructed  to  inquire  into  the  expediency  of  granting  to  the  Vermont 
State  Medical  Society  the  use  of  some  part  of  the  property  of  the  State 
Bank,  during  the  pleasure  of  the  legislature,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  resolution. 

Recd-  from  the  House  a  bill  entitled  "  An  act  in  addition  of  an  act  en- 
titled an  act  encouraging  the  destruction  of  wolves  and  panthers  within 
this  state  passed  March  6th»  1797,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  General  Committee — whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also,  "  An  act  in  addition 
to  an  act  entitled  an  act  reducing  into  one  the  several  acts  for  laying  out, 
making  and  clearing  highways  passed  March  3d>  1797,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  General  Committee 
— whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "  An 
act  for  the  relief  of  the  town  of  Londonderry,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Turnpike  Committee — 
whereupon  resolved  to  concur  in  said  order  of  reference.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit:  "  In  General 
Assembly  October  21,  1823,  resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  Gen1-  Committee  be  instructed  to  inquire  into  the 
expediency  of  taxing  bank- stock  the  same  as  money  on  hand  or  debts 
due  and  report  by  bill  or  otherwise,"  which  was  read — whereupon  re- 
solved to  concur  in  passing  this  resolution. 

Adjourned  to  2  Oclock  P.  M.,  at  which  time  the  Governor  and  Coun- 
cil met  pursuant  to  adjournment.  Agreeably  to  the  concurrent  resolu- 
tion of  both  houses  the  Governor  and  Council  met  the  General  Assem- 
bly in  the  representatives'  room,  to  elect  in  Joint  Committee  a  Briga- 
dier General  of  the  2d-  Brigade  in  the  2d-  division  of  the  militia  of  this 
state,  and  the  Governor  and  Council  returned  to  their  chamber.1 

Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  October  23, 1823. 

The  Governor  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"An  act  laying  a  tax  of  two  cents  per  acre  on  Kelly's  grant  N°-  2,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  incorporating  the  Grand  Lodge  of  the  State  of  Vermont,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Also  uAn 
act  restoring  to  Sylvanus  Sayer,  Timothy  Wilmot,  Oliver  Taylor  and 
Mills   Olcott  certain  privileges   therein  mentioned,"   which  was  read, 

1  This  record  is  incomplete.  The  following  elections  were  made  : 
Jonas  Clark  of  Middletown  Brig.  General;  Rev.  Daniel  Haskell  of  Bur- 
lington, to  preach  the  then  next  election  sermon,  and  Rev.  Amariah 
Chandler  of  Waitsfield  alternate;  and  Alden  Partridge  of  Norwich  Sur- 
veyor General. 


Governor  and  Council — October  1823.  87 

whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  laying 
a  tax  of  4  cents  per  acre  on  the  township  of  Greensboro  in  the  County  of 
Orleans,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  laying  a  tax  of  four  cents  per  acre  on  the  town  of 
Barton  in  the  County  of  Orleans,"  which  was  read,  whereupon  resolved 
to  concur  in  passing  this  bill.  Ordered  that  the  Secretary  inform  the 
House  of  the  passage  of  the  five  bills  last  mentioned. 

Recd-  from  the  House  the  bill  entitled  "An  act  to  repeal  an  act  therein 
named,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Gen1-  Committee,  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  "An  act  directing  the  Treasurer  to  pay  Robert  Temple 
the  sum  therein  mentioned,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Military  Committee,  whereupon  resolved  to 
concur  in  said  order  of  reference.  Also  the  petition  of  Josiah  Willard, 
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. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  22d'  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Committee  of  ways  and  means  be 
directed  to  inquire  into  the  propriety  of  appropriating  the  property  of 
the  Vermont  State  bank  for  the  support  of  common  Schools,  and  report 
by  bill  or  otherwise,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  22d- 1823.  Resolved  that  the  military 
Committee  be  instructed  to  inquire  into  the  expediency  of  passing  a  law 
prohibiting  the  officers  of  the  staff  from  voting  at  an  election  of  any  field 
officer  hereafter  to  be  chosen  within  this  state,  and  report  by  bill  or 
otherwise,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  resolution.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Recd-  from  the  House  the  bill  entitled  "  An  act  directing 
the  Treasurer  to  pay  Jonathan  Dike  Jr.  the  sum  therein  named," 
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.     Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  October  24th- 1823.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  On  motion 
of  Mr-  Pratt,  it  was  resolved  by  the  Governor  and  Council  that  no  bill 
should  be  passed,  until  twenty-four  hours  after  its  first  reading  in  the 
Council,  but  that  the  same  should  lye  on  the  table  for  twenty-four 
hours,  unless  sooner  called  up  by  some  member. 

Recd-  from  the  House  for  revision  and  concurrence  &c.  the  bill  entitled 
"An  act  altering  the  name  of  Seneca  White,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  bill. 

Recd-  from  the  House  the  bill  entitled  "An  act  to  repeal  a  part  of  an 
act  therein  mentioned,"  which  was  read.  Whereupon  resolved  to  con- 
cur with  the  House  in  referring  this  bill  to  the  Turnpike  Committee. 

Recd-  the  petition  of  Henry  Thomas  and  others,  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  Military  Committee, 
whereupon  resolved  to  concur  in  said  order  of  recommitment. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
uIn  General  Assembly  October  23, 1823.     Resolved  the  Governor  and 


88  Governor  and  Council — October  1823. 

Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  making  provision  for  recording  execu- 
tions in  the  several  towns  in  this  state,  when  the  town  Clerk  is  absent, 
or  by  sickness  is  rendered  unable  to  perform  that  service,  and  report  by 
bill  or  otherwise,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  23,  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  revising  and  reducing  into  one  the 
several  acts  relating  to  divorce,  and  report  by  bill  or  otherwise,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  petition  of  Russell  Johnson,  for  pardon,  was  taken  up,  read  and 
on  motion  of  Mr-  Stanley  ordered  to  be  dismissed. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit  : 
"  In  General  Assembly  October  23,  1825.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  repealing  all  such  parts  and  provis- 
ions of  acts  as  limit  or  restrict  the  right  of  representation  of  the  towns 
of  Fairlee,  West  Fairlee,  Andover,  Weston,  Fairhaven,  Westhaven  and 
Brookline  and  report  by  bill  or  otherwise,"  which  was  read,  whereupon 
resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit  : 
"  In  General  Assembly  Oct1-  23d>  1823.  Resolved,  the  Governor  and 
Council  concurring,  that  the  Judiciary  Committee  be  instructed  to  in- 
quire into  the  expediency  of  providing  by  law  that  in  all  suits  wherein 
personal  property  is  or  shall  be  taken  by  the  direction  of  the  Plaintiff, 
and  final  judgment  shall  be  rendered  against  the  plaintiff,  the  defendant 
shall,  after  the  rendition  of  final  judgment,  be  entitled  to  restitution  of 
his  property  so  taken  without  incurring  the  expense  incident  to  the 
keeping  of  the  property,"  which  was  read.  Whereupon  resolved  to  con- 
cur in  passing  this  resolution. 

A  message  was  recd-  from  the  House  by  one  of  its  members,  who  re- 
turned the  [bill]  entitled  "  An  act  granting  to  John  Niles  the  exclusive 
right  of  a  ferry,"  and  informed  that  the  House  have  non  concurred  in 
the  amendments  proposed  by  the  Governor  and  Council  and  request  the 
Governor  and  Council  to  concur  in  passing  said  bill,  and  having  assigned 
the  reasons  of  the  House  he  withdrew.  Whereupon  further  amend- 
ments to  said  bill  were  proposed  and  adopted  by  the  Govr-  and  Council 
and  the  Govr-  and  Council  resolved  to  concur  in  passing  said  bill  with 
said  amendments  and  Mr-  Wetmore  was  appointed  to  assign  reasons  to 
the  House. 

Mr-  Wetmore  moved  to  reconsider  the  vote  passing  the  bill  entitled 
"An  act  restoring  to  Sylvanus  Say  re,  Timothy  Wilmot,  Oliver  Taylor 
and  Mills  Olcott  certain  privileges  therein  mentioned,"  and  the  question 
being  put,  was  carried  in  the  affirmative,  and  said  bill  was  ordered  to  lie 
on  the  table. 

Recd-  from  the  House  the  communication  of  his  excellency  the  Govr- 
of  the  22d-  instant  with  the  accompanying  documents  from  the  States  of 
New  York,  Illinois,  Georgia  and  Massachusetts,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  Committee  of  4  to  join, 
and  Mr-  Langdon  is  appointed  from  Council.  Adjourned  to  2  Oclock 
P.M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. 

Recd-  from  the  Speaker  of  the  House  a  communication  informing  that 
the  House  have  concurred  in  the  amendment  proposed  by  the  Governor 


Governor  and  Council — October  1823.  89 

and  Council  to  the  bill  entitled  "  An  act  relating  to  the  Narrows  Bridge 
across  Missisque  river#in  Sheldon." 

Received  from  the  House  the  bill  entitled  "  An  act  in  addition  to  the 
acts  defining  the  power  of  Justices  of  the  peace  within  this  state,"  with 
an  order  of  the  House  thereon  that  the  same  be  recommitted  to  the  Ju- 
diciary Committee,  whereupon  resolved  to  concur  in  said  order  of  re- 
commitment. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  to  provide  for 
reporting  the  decisions  of  the  Supreme  Court  of  Judicature."  And  on 
motion  of  Mr-  Wetmore  the  same  was  amended  and  ordered  to  lie  on  the 
table.     Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  October  25th>  1823.    9  o'clock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  relating  to 
costs  in  cases  on  petitions  for  New  Trials,"  and  Mr-  Langdon  moved  an 
amendment  to  the  same  which  was  adopted,  whereupon  resolved  to  con- 
cur in  passing  this  bill  with  said  proposed  amendment  and  Mr-  Langdon 
was  appointed  to  assign  reasons. 

The  House  sent  up  the  bill  entitled  "  An  act  laying  a  tax  of  three 
cents  per  acre  on  the  town  of  Sherburne  in  the  County  of  Rutland," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  directing  the  Treasurer  to  pay  Jonathan  Cook  the  sum 
therein  mentioned,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  the  bill  entitled  "An  act  in  addition  to  and 
amendment  of  an  act  entitled  an  act  regulating  and  governing  the  mili- 
tia of  this  state  passed  Novr-  10th*  1818,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  military  committee,  whereupon 
resolved  to  concur  in  said  order.  Also  the  petition  of  the  inhabitants  of 
Sheldon  with  an  order  of  the  House  thereon  that  the  same  be  recommit- 
ted to  the  land  tax  Committee,  whereupon  resolved  to  concur  in  said  oiv 
der  of  recommitment. 

The  House  sent  up  the  following  for  revision  and  concurrence  to  wit, 
"An  act  directing  the  Treasurer  to  pay  the  town  of  New  Haven  the  sum 
therein  mentioned,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  to  provide  for 
reporting  the  decisions  of  the  Supreme  Court  of  Judicature,"  and  fur- 
ther amendments  were  proposed  to  the  same  which  were  adopted, 
whereupon  resolved  to  concur  in  passing  this  bill  with  said  proposed 
amendments  and  Mr-  Wetmore  was  appointed  to  assign  reasons  to  the 
House. 

Recd-  from  the  Speaker  of  the  House  a  communication  informing  that 
the  House  have  concurred  in  the  amendments  proposed  by  the  Governor 
and  Council  to  the  bill  entitled  "An  act  granting  to  John  Niles  the  ex- 
clusive right  of  a  ferry." 

Mr-  Langdon  reported  the  following  reasons  for  the  amendment  pro- 
posed to  the  bill  entitled  "  An  act  relating  to  costs  in  cases  on  petitions 
for  new  trials,"  to  wit,  "l8t-  That  by  the  existing  statute  relative  to 
petitions  preferred  to  the  General  Assembly  the  petitioner  for  a  new 
trial,  when  he  fails  to  obtain  one,  is  made  liable  for  the  costs,  to  be  taxed 
by  the  Clerk  of  the  General  Assembly,  and  upon  nonpayment  thereof 
an  action  of  debt  is  given  to  the  petitionee.  The  bill  under  considera- 
tion is  intended  to  increase  the  liability  and  give  accumulative  costs  or 
damages  and  may  therefore  be  considered  an  additional  act  instead  of 


90  Governor  and  Council — October  1823. 

an  independent  one.  2d-  The  bill  under  consideration  gives  a  right  of 
action  to  the  petitionee  in  the  case  therein  mentioned  to  recover  full 
and  ample  compensation  for  all  his  trouble  and  expense:  this  leaves  the 
sum  which  the  petitioner  is  liable  to  pay,  and  the  remedy  to  recover  it, 
too  uncertain;  and  places  it  out  of  the  power  of  [a]  petitioner  to  prevent 
an  action  without  paying  the  arbitrary  claim  or  demand  of  the  peti- 
tionee. The  proposed  amendment  supplies  those  defects  and  places  it 
in  the  power  of  the  petitioner  to  know  the  extent  of  his  liability,  so  that 
he  may  discharge  it  without  action  by  payment  of  double  cost  on  the 
second  petition,  to  be  taxed  by  the  Clerk  as  on  the  first. "  Which  were 
read  and  adopted  and  the  Secretary  was  ordered  to  return  said  bill  and 
reasons  to  the  House. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
to  wit:  "An  act  laying  a  tax  of  two  cents  per  acre  on  all  the  lands  in 
the  town  of  Jay,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents  per  acre  on 
the  town  of  Franklin,"  which  was  read,  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents  per  acre  on 
the  town  of  Plymouth,"  which  was  read,  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "  An  act  restoring  to  Sylvanus  Sayre, 
Timothy  VVilmot,  Oliver  Taylor  and  Mills  Olcott  certain  privileges 
therein  mentioned,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Ordered  that  the  Secretary  inform  the  House  of  the 
passage  of  the  seven  before  mentioned  bills. 

Recd-  from  the  House  the  bill  entitled  "An  act  in  addition  to  an  act 
entitled  an  act  reducing  into  one  the  several  acts  for  laying  out,  making 
and  clearing  highways  passed  March  3d-  1797,"  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  military  Committee, 
whereupon  resolved  to  concur  in  said  order. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  24th'  1823,  resolved  that  the  literary 
Committee  be  instructed  to  inquire  in  what  manner  the  act  for  collect- 
ing and  perpetuating  the  records  relative  to  the  assumption  and  estab- 
lishment of  government  in  this  State  and  such  of  the  acts  of  the  legisla- 
ture as  are  not  in  print,  has  been  carried  into  effect,  and  make  report  to 
this  House,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  resolution.     Adjourned  to  2  Oclock  P.  M. 

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

The  House  sent  up  the  following  for  revision  and  concurrence  &c.  to 
wit,  "An  act  granting  to  Alexander  Campbell  of  Putney  the  right  to 
enter  an  appeal  from  the  report  of  the  Commissioners  on  the  estate  of 
John  Campbell  deceased,"  which  was  read,  whereupon  resolved  to  non 
concur  in  passing  this  bill.  And  Mr-  Wetmore  was  appointed  to  assign 
reasons,  who  reported  the  following,  to  wit,  "The  Governor  and  Council 
consider  it  inexpedient  to  pass  the  bill  entitled  "An  act  granting  to 
Alexander  Campbell  of  Putney  the  right  to  enter  an  appeal  from  the 
report  of  the  Commissioners  on  the  estate  of  John  Campbell  deceased," 
from  a  consideration  that  the  act  entitled  an  act  in  addition  to  an  act 
entitled  an  act  constituting  the  Supreme  Court  of  Judicature  and 
County  Courts,  defining  their  powers  and  regulating  judicial  proceed- 
ings passed  Nov1-  lltb'  1822,  makes  full  and  ample  provision  for  the  said 
Alexander.  And  the  Governor  and  Council  are  advised  that  the  Su- 
preme Court,  in  the  construction  of  said  act,  have  given  it  an  effect  and 
operation  every  way  applicable  to  the  case  disclosed  by  the  present 
petitioner,"  which  reasons  were  read  and  adopted  and  the  Secretary 
was  ordered  to  return  said  bill  and  reasons  to  the  House. 


Governor  and  Council — October  1823.  91 

The  House  sent  up  for  concurrence  &c.  the  bill  entitled  "  An  act  lay- 
ing a  tax  of  five  cents  per  acre  on  the  town  of  Highgate,"  which  was 
read,  whereupon  resolved  to  concur  in  passing  this  bill,  and  the  Secre- 
tary was  directed  to  inform  the  House  of  the  same.  Adjourned  to  Mon- 
day next  9  Oclock  A.  M. 


Monday  October  27, 1823.    9  o'clock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  more  effectu- 
ally to  prevent  horse  racing,"  which  was  read,  whereupon  resolved  to 
concur  in  passing  this  bill. 

Mr-  Dana  of  C.  moved  to  reconsider  the  vote  to  dismiss  the  petition  of 
Jesse  Brooks,  a  convict  in  the  State  prison,  and  the  question  being  put, 
was  determined  in  the  affirmative;  and  it  was  ordered  that  said  petition 
lie  on  the  table. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
11  An  act  appropriating  the  rents  and  profits  of  certain  public  lands  in 
the  town  of  Jamaica,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  u  An  act  directing  the  Treasurer  to  pay  Nicho- 
las Guindon  the  sum  therein  mentioned,"  which  was  read,  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  for  the  relief  of 
Israel  Hurlburt,"  which  was  read,  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "  An  act  directing  the  Treasurer  of  this  state  to  sus- 
pend the  issuing  of  an  extent  against  the  town  of  Lyndon  for  the  time 
therein  mentioned,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Ordered  that  the  Secretary  inform  the  House  of  the 
passage  of  the  5  last  mentioned  bills. 

Recd-  from  the  House  the  bill  entitled  "  An  act  directing  the  Treasurer 
to  pay  Joshua  Y.  Yail  the  sum  therein  mentioned,"  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.  Also  u  An  act 
restoring  Asa  Chamberlin  to  his  legal  privileges,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Committee  of  New  tri- 
als, whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  25th- 1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  houses  meet  in  joint  committee  in 
the  representatives'  room  on  Wednesday  next  at  two  oclock  in  the  after- 
noon, for  the  purpose  of  electing  three  directors  of  the  Vermont  State 
Bank,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
resolution  and  the  Secretary  was  ordered  to  inform  the  House  of  the 
same. 

Recd-  from  the  House  the  bill  entitled  "  An  act  providing  for  the  loca- 
tion of  school  houses,"  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.  Also  "  An  act  in  addition  to  an  act  entitled 
an  act  reducing  into  one  the  several  acts  for  laying  out  and  making,  re- 
pairing and  clearing  highways,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Judiciary  Committee,  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  "  An  act  forming  a 
new  town  out  of  the  towns  of  Bakersfield,  Belvidere  and  Coit's  Gore  in 
the  County  of  Franklin,  by  the  name  of  Waterville,"  with  an  order  of 
the  House  thereon,  that  the  same  be  recommitted  to  the  committee 
raised  on  the  petition  of  Amos  Churchill  and  others,  whereupon  resolved 
to  concur  in  said  order  of  recommitment. 


92  Governor  and  Council — October  1823. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  25th'  1823.  Resolved,  the  Governor  and 
Council  concurring,  that  thje  Judiciary  Committee  be  instructed  to  in- 
quire into  the  expediency  of  repealing  the  act  of  1821  relating  to  the 
jurisdiction  of  Justices  of  the  peace,  so  far  as  said  act  prevents  appeals 
from  the  judgment  of  Justices,  when  the  sum  demanded  does  not  exceed 
the  sum  of  ten  dollars,"  which  was  read,  whereupon  resolved  to  concur 
in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  25,  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  General  Committee  be  directed  to 
inquire  into  the  expediency  of  altering  the  sum  at  which  the  poll  is  now 
set  in  the  grand  list,  and  report  by  bill  or  otherwise,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  resolution.  Adjourned  to 
2  Oclock  P.  M. 

2  Oclock  P.  M.—  The  Governor  and  Council  met  pursuant  to  ad- 
journment. Received  from  the  House  the  bill  entitled  **  An  act  to  ex- 
tend the  provisions  of  an  act  therein  mentioned,"  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.  Adjourned  to 
9  Oclock  to  morrow  morning. 


Tuesday  October  28th>  1823.    9  O'clock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  for  revision  and  concurrence  &c.  the  bill  entitled  '*  An  act  for 
the  removal  of  William  C.  Lee  to  the  state  prison,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  direct- 
ing the  Treasurer  to  pay  Jonathan  Dike  Junr-  the  sum  therein  men- 
tioned," which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  directing  the  Treasurer  of  this  State  to  pay  Benja- 
min Brock  the  sum  therein  mentioned,"  which  was  read,  whereupon  re- 
solved to  concur  in  passing  this  bill.  Ordered  that  the  Secretary  inform 
the  House  of  the  passage  of  the  three  bills  last  mentioned. 

Recd-  from  the  House  the  bill  entitled  "  An  act  in  amendment  to  an 
act  entitled  an  act  annexing  a  part  of  Waitsfield  to  the  town  of  North- 
field,"  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Committee  raised  on  the  petition  of  Amos  Churchill  and  others, 
whereupon  resolved  to  concur  in  said  order  of  reference. 

A  message  was  recd-  from  the  House,  by  Mr-  Chase  [one]  of  its  members, 
informing  that  the  House  have  concurred  in  the  first  amendment  pro- 
posed by  the  Governor  and  Council  to  the  bill  entitled  "  An  act  relating 
to  costs  in  cases  on  petitions  for  new  trials,"  and  that  they  have  non[con]- 
curred  in  the  second  amendment  proposed  to  said  bill;  and  he  assigned 
the  reasons  of  the  House  and  withdrew.  On  motion  of  Mr-  Wetmore, 
voted  to  rescind  from  the  2d-  proposed  amendment,  and  the  bill  was  com- 
mitted to  Mr-  Wetmore  for  further  amendment. 

Received  from  the  House  the  bill  entitled  ''An  act  granting  to  Alex- 
ander Campbell  of  Putney  the  right  to  enter  an  appeal  from  the  report 
of  the  commissioners  on  the  estate  of  John  Campbell  deceased,"  with  an 
order  of  the  House  thereon  that  the  same  be  recommitted  to  the  Com- 
mittee of  new  trials,  whereupon  resolved  to  concur  in  said  order  of  re- 
commitment. Also,  "An  act  annexing  the  town  of  Newark  in  the 
County  of  Essex  to  the  County  of  Caledonia,"  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.    Also  "  An  act 


Governor  and  Council — October  1823.  93 

relating  to  the  duty  of  listers,"  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.  Also,  "  An  act  establishing  the 
law  of  the  road,"  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  turnpike  committee,  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  "An  act  directing  the  Treasurer  to  pay 
John  Lumbard  the  sum  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Claims,  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  27th>  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Committee  of  ways  and  means  be 
instructed  to  inquire  into  the  expediency  of  providing  by  law  for  taxing 
sheep,  and  report  by  bill  or  otherwise,"  which  was  read,  whereupon  re- 
solvd  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  27th'  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  General  Committee  be  instructed  to 
inquire  into  the  expediency  of  providing  by  law  for  taxing  steamboat 
stock  and  also  the  stock  of  the  wharf  and  store  houses  at  Burlington 
and  to  report  by  bill  or  otherwise,"  which  was  read,  whereupon  resolved 
to  concur  in  passing  this  resolution.     Adjourned  to  2  o'clock  P.  M. 

2  Oclock  P.  M.  -The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "  An  act 
relating  to  costs  in  cases  on  petitions  for  new  trials."  Mr-  Wetmore 
proposed  an  amendment  to  the  same  which  was  read  and  adopted, 
whereupon  resolved  to  concur  in  passing  this  bill,  with  said  proposed 
amendment,  and  Mr-  Wetmore  was  appointed  to  assign  reasons  to  the 
House. 

The  petition  of  Jesse  Brooks,  a  convict  in  the  state  prison,  was  called 
up,  read  and  the  question  put  "Shall  the  said  Jesse  Brooks  be  discharged 
from  his  said  confinement,"  which  was  determined  in  the  affirmative  — 
yeas  8,  nays  4.  Those  who  voted  in  the  affirmative  are  Messrs.  Butler, 
Chittenden,  Dana  of  C.  Holley,  Langdon,  Pratt,  Proctor  and  Stanley. 
Those  who  voted  in  the  negative  are  Messrs.  Leland,  Berry,  Dana  of  O. 
and  Wetmore. 

Mr-  Butler  moved  to  reconsider  the  vote  to  dismiss  the  petition  of 
Jacob  Spencer  for  pardon,  which  was  determined  in  the  negative. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  in  addition  to 
an  act  entitled  an  act  relating  to  Jails  and  Jailers  and  for  the  relief  of 
persons  imprisoned  therein,"  and  after  some  discussion  the  same  was 
ordered  to  lie  on  the  table.     Adjourned  to  9  Oclock  to  morrow. 


Wednesday  October  29, 1823.    9  Oclock  A  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Resumed 
the  consideration  of  the  bill  entitled  "  An  act  in  addition  to  an  act  enti- 
tled an  act  relating  to  Jails  and  Jailers  and  for  the  relief  of  persons 
imprisoned  therein. "  Mr-  Wetmore  moved  to  reconsider  the  vote 
adopting  an  amendment  to  said  bill,  which  was  determined  in  the 
affirmative  and  on  motion  the  said  bill  was  committed  to  Messrs.  Dana 
of  C.  Langdon  and  Butler  for  amendment. 

Received  from  the  Speaker  of  the  House  a  communication  informing 
that  the  House  have  concurred  in  the  amendments  proposed  by  the 
Governor  and  Council  to  the  following  bills  to  wit,  "An  act  to  provide 


94  Governor  and  Council — October  1823. 

for  reporting  the  decisions  of  the  Supreme  Court  of  Judicature."  Also 
"An  act  in  addition  to  an  act  entitled  an  act  relative  to  costs  in  cases  on 
petitions  for  new  trials." 

Recd-  from  the  House  the  following  resolution  to  wit,  "  In  General 
Assembly  October  28th- 1823.  Resolved  that  the  Clerk  of  this  House  be 
and  he  is  hereby  directed  to  cause  a  copy  of  the  grand  list  to  be  printed 
with  the  Journal  of  the  General  Assembly  only  once  in  three  years,  and 
that  in  those  years  in  which  there  shall  have  been  a  new  valuation  of 
the  real  estate;  the  first  publication  to  be  made  in  the  year  1824  when 
the  next  assessment  of  the  real  estate  will  be  taken,"  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  the  Committee  of  ways 
and  means,  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  Octr-  21st-  1823.  Resolved,  that  the  Commit- 
tee of  ways  and  means  be  instructed  to  inquire  into  the  expediency  of 
fixing  a  sum  by  law  that  shall  be  paid  for  printing  the  grand  list  in  each 
year,"  which  was  read,  whereupon  resolved  to  concur  in  passing  said 
resolution. 

Resumed  the  consideration  of  the  report  of  the  Committee  of  manu- 
factures, and  the  same  was  on  motion  committed  to  Mr-  Langdon  for 
amendment. 

Received  from  the  House  the  bill  entitled  "  An  act  directing  the  Treas- 
urer of  this  state  to  pay  Ephraim  Ingham  jr.  the  sum  therein  mentioned," 
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  ref- 
erence. Also,  "  An  act  repealing  a  part  of  a  certain  act  therein  men- 
tioned," with  an  order  of  the  House  thereou  that  the  same  be  referred 
to  the  Judiciary  Committee,  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  "An  act  regulating  the  toll  of  one  horse  wagons  at 
the  West  river  bridges  in  Dummerston  and  Brattleboro  in  the  County 
of  Windham,"  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  turnpike  Committee,  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  "  An  act  in  addition  to  and  explanatory  of 
an  act  annexing  a  part  of  Avery's  Gore  and  a  part  of  Athens  to  the  town 
of  Grafton,  passed  October  30th- 1816,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Judiciary  Committee,  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  "  An  act  constituting 
an  Artillery  Company  in  the  town  of  Northfield,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  military  Committee, 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "  a  com- 
munication from  the  auditor  of  accounts  against  the  state,"  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
ways  and  means.1 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"  An  act  increasing  the  number  of  trustees  of  the  University  of  Ver- 
mont," which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  authorising  the  Quarter  Master  Gen1-  to  loan  arms 
to  Captain  Alden  Partridge,"  which  was  read,  whereupon  resolved  to 
concur  in  passing  this  bill.  Received  from  the  House  for  revision  and 
concurrence  ftc.  the  bill  entitled  "  An  act  to  incorporate  an  aqueduct 
Company  in  the  village  of  Montpelier,"  which  was  read,  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  establishing  an  in- 
dependent light  infantry  Company  in  the  town  of  Burlington  in  the 
County  of  Chittenden,"  which  was  read,  whereupon  resolved  to  concur 
in  passing  this  bill.    Also,  "  An  act  establishing  a  corporation  by  the 

1  Reference  doubtless  concurred  in. 


Governor  and  Council — October  1823.  95 

name  of  the  Jamaica  tui  npike  Company,"  which  was  read,  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  laying  a  tax  of 
three  cents  per  acre  on  the  town  of  Brunswick  in  the  County  of  Essex," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Also 
"  An  act  to  regulate  the  inspection  of  provisions  intended  for  exporta- 
tion from  this  state,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Ordered  that  the  Secretary  inform  the  House  of  the 
passage  of  the  seven  last  mentioned  bills. 

Received  from  the  House  for  concurrence  and  revision  or  proposals  of 
amendment  the  bill  entitled  "An  act  authorising  the  Quarter  Master 
General  to  loan  a  certain  number  of  arms  therein  mentioned,"  which 
was  read,  and  an  amendment  proposed  which  was  adopted,  whereupon 
resolved  to  concur  in  passing  this  bill  with  said  proposed  amendment. 
And  Mr-  Berry  was  appointed  to  assign  reasons  for  said  proposed  amend- 
ment, who  reports  the  following  to  wit,  "  It  is  inexpedient  by  dividing 
to  lessen  the  responsibility  and  consequently  the  security  which  is  now 
reposed  in  the  department  of  the  Quarter  Master  General,  or  to  divert 
for  the  purposes  of  an  armory  the  rooms  appurtenant  to  the  halls  of  leg- 
islation." Which  were  read  and  adopted  and  Ordered  that  the  Secre- 
tary return  said  bill  and  reasons  to  the  House  and  request  their  concur- 
rence. 

Received  from  the  House  for  revision  or  concurrence  or  proposals  of 
amendment,  the  bill  entitled  "  An  act  in  addition  to  and  amendment  of 
an  act  regulating  and  governing  the  militia  of  this  state,  passed  Novem- 
ber 10th'  1818,"  which  was  read  and  an  amendment  proposed  to  the  same 
which  was  adopted,  whereupon  resolved  to  concur  in  passing  this  bill 
[with]  said  proposed  amendment,  and  the  Secretary  was  ordered  to  re- 
port reasons  for  said  amendment,  who  reported  the  following  to  wit, 
"That  it  is  desirable  to  consolidate  bills  upon  the  same  subject  as  much 
as  practicable.  The  amendment  proposed  embraces  the  provision 
contained  in  a  bill  entitled  an  act  in  addition  to  an  act  entitled  an  act 
regulating  and  governing  the  militia  of  this  state,  and  the  several  acts 
in  amendment  of  and  in  addition  thereto,  and  the  Governor  and  Council 
can  see  no  objection  to,  but  a  manifest  propriety  in,  embodying  the 
amendment  into  this  bill."  Which  was  read  and  adopted  and  the  Sec- 
retary was  ordered  to  return  said  bill  and  reasons  to  the  House  and  re- 
quest their  concurrence. 

Recd-  from  the  House  for  revision  and  concurrence  &c.  "An  act  to 
preserve  the  fish  in  Otter  Creek,"  which  was  read,  whereupon  resolved 
to  concur  in  passing  this  bill.  Ordered  that  the  Secretary  inform  the 
House  accordingly. 

Received  from  the  House  for  revision  and  concurrence  &c.  to  wit,  "An 
act  in  addition  to  an  act  entitled  an  act  regulating  and  governing  the 
militia  of  this  state  and  the  several  acts  in  amendment  of  and  in  addition 
thereto,"  which  was  read,  whereupon  resolved  to  non  concur  in  passing 
this  bill.  And  the  Secretary  was  ordered  to  report  reasons  for  the  same, 
who  reported  the  following  to  wit  :  ''That  the  provision  contained  in 
this  bill  is  proposed  as  an  amendment  to  the  bill  entitled  An  act  in  ad- 
dition to  and  amendment  of  an  act  regulating  and  governing  the  militia 
of  this  state,  passed  Novr-  10th'  1818,"  which  was  read  and  adopted  and 
the  Sec^-  was  ordered  to  return  said  bill  and  reasons  to  the  House. 

Recd-  from  the  House  for  revision  and  concurrence  &c.  the  bill  enti- 
tled "  An  act  to  authorise  the  guardian  of  Frederick  White  to  sell  and 
convey  the  real  estate  of  his  ward,"  which  was  read,  whereupon  resolved 
to  non  concur  in  passing  this  bill,  and  Mr-  Butler  is  appointed  to  assign 
reasons,  who  reported  the  following  to  wit:  "That  full  and  adequate 
provision  is  made  in  and  by  the  act  of  this  state  entitled  '  an  act  to  au- 


96  Governor  and  Council — October  1823. 

thorise  the  Supreme  Court  to  empower  guardians  to  sell  the  real  estate 
of  their  wards,'  passed  Feb?  6th- 1804,  to  remedy  the  evil  and  give  relief 
in  the  case  contemplated  in  this  bill,  and  therefore  ought  not  to  be  the 
subject  of  legislation;"  which  were  read  and  adopted  and  ordered  that 
the  Secretary  return  the  bill  and  said  reasons  to  the  House.  Adjourned 
to  2  Oclock  P.  M. 

2  o'clock  P.  M.  —  The  Governor  and  Council  met  pursuant  to  ad- 
journment. Kesumed  the  consideration  of  the  bill  entitled  "An  act  lay- 
ing a  tax  of  fqur  cents  on  each  acre  of  land  in  the  town  of  Westford," 
which  was  read,  whereupon  resolved  to  non  concur  in  passing  this  bill. 
And  Mr-  Holley  is  appointed  to  assign  reasons,  who  reported  the  fol- 
lowing to  wit:  "  That  the  town  of  Westford  is  settled  to  a  considerable 
extent  and  the  petition  purporting  to  have. been  signed  by  more  than 
one  half  of  the  land  owners  in  said  town,  the  most  of  which  reside  in 
said  town,  no  notice  has  been  given  to  the  nonresident  proprietors  of 
said  town.  And  that  a  proprietor  and  agent  of  a  large  portion  of  the 
unsettled  lands  in  said  town  having,  as  he  states  to  the  Governor  and 
Council,  made  propositions  relative  to  the  mode  of  imposing  a  tax  on 
said  town,  which  he  considered  equitable,  feels  injured  by  the  bill,  in 
not  having  had  an  opportunity  to  be  heard  before  the  land  tax  Commit- 
tee;" which  were  read  and  adopted  and  the  Secretary  was  ordered  to 
return  said  bill  and  reasons  to  the  House. 

The  Governor  and  Council  attended  in  the  representatives'  room  for 
the  purpose  of  electing  Directors  of  the  Vermont  State  bank,  after  which 
they  returned  to  their  Chamber.1 

Adjourned  to  9  o'clock  to  morrow  morning. 


Thursday  October  30th- 1823.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment. 

Received  from  the  House  for  revision  and  concurrence  &c.  the  bill 
entitled  "  An  act  altering  the  name  of  John  Lynde  to  that  of  John  Stew- 
art Lynde,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  granting  a  tax  upon  the  County  of  Grand  Isle," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Also,  "  An  act  assessing  a  tax  of  four  cents  per  acre  on  the  town  of  Shel- 
don," which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  for  the  relief  of  the  town  of  Reading,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Secretary  inform  the  House  of  the  passage  of  the  4  bills  last  mentioned. 

Received  from  the  House  the  bill  entitled  "  An  act  assessing  a  tax  on 
the  County  of  Orange,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  members  of  Orange  County  to  join,  and  Mr- 
Dana  of  O.  is  appointed  from  Council. 

Received  from  the  House  the  bill  entitled  "  An  act  in  addition  to  an 
act  entitled  an  act  ascertaining  the  principles  on  which  the  list  of  this 
state  shall  be  made  and  directing  listers  in  their  duties  and  office,"  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  General 
Committee,  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  "  An  act  directing  the  Treasurer  to  pay  Charles  Hall  the  sum 
therein  mentioned,"  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.     Also,  "  An  act  directing  the  Treasurer  to 

1  John  Jackson,  Benjamin  Swan,  and  Job  Lyman  were  elected. 


Governor  and  Council — October  1823.  97 

pay  Bingham  Lasel  the  sum  therein  mentioned,"  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.  Also  the  peti- 
tion of  Leonard  Deming,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  of  New  trials,  whereupon  resolved 
to  concur  in  said  order.1 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit  : 
"In  General  Assembly  Octr-  29,  1823.  Kesolved,  the  Governor  and 
Council  concurring  herein,  that  the  General  Committee  be  directed  to 
inquire  into  the  expediency  of  providing  by  law,  that  in  future  the  elec- 
tors of  President  and  vice  President  of  the  United  States,  in  this  state, 
shall  be  chosen  by  the  people,  and  that  they  have  leave  to  report  by  bill 
or  otherwise,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"In  General  Assembly  October  21, 1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  authorising  the  several  Clerks  of  the 
Supreme  Court  to  sign  writs  of  error,  and  report  by  bill  or  otherwise," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  resolution. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  in  addition  to 
the  several  acts  defining  the  powers  of  Justices  of  the  peace  within  this 
state,"  which  was  read  and  amendments  were  proposed  to  the  same 
which  were  adopted,  whereupon  resolved  to  concur  in  passing  this  bill 
with  said  proposed  amendments  and  Mr-  Butler  is  appointed  to  assign 
reasons  to  the  House.  Also  "An  act  in  addition  to  an  act  entitled  an 
act  constituting  Probate  courts  and  defining  their  powers  and  regulating 
the  settlement  of  testate  and  intestate  estates  and  the  guardianship  of 
minors  and  insane  persons,"  which  was  read,  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  the  Secretary  inform  the 
House  accordingly. 

Recd-  from  the  House  for  revision  and  concurrence  or  proposals  of 
amendment  the  bill  entitled  "  An  act  in  addition  to  an  act  entitled  an 
act  relating  to  jails  and  jailers  and  for  the  relief  of  persons  imprisoned 
therein,"  which  was  read  and  amendments  were  proposed  to  the  same 
which  were  adopted,  whereupon  resolved  to  concur  in  passing  this  bill 
with  said  proposed  amendments  and  Mr  Butler  is  appointed  to  assign 
reasons  to  the  House.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  petition  of  Ira  Harrington  for  pardon  was  called  up 
and  read  and  on  motion  of  his  Honor  the  Lieutenant  Governor  was  or- 
dered to  be  dismissed.    Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  October  31st- 1823.    9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.    Resumed 
the  consideration  of  the  bill  entitled  "An  act  establishing  the  Brookfield 

1  This  case,  originating  in  a  very  small  judgment  against  Mr.  Deming, 
came  before  the  legislature  year  after  year,  and  was  the  occasion  of  a 
large  amount  of  legislative  and  other  literature.  To  this  case  the  pub- 
lic are  primarily  indebted  for  Deming's  well  known  Catalogue  of  Ver- 
mont Officers,  he  having  used  the  time  of  his  waiting  upon  the  legisla- 
ture, in  what  was  called  "the  hen's  egg  case,"  to  gather  the  materials 
for  that  useful  work. 
7 


98  Governor  and  Council — November  1823. 

Rifle  Company,"  which  was  read,  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "  An  act  directing  the  Treasurer  to  pay  Joshua  Y. 
Yail  the  sura  therein  mentioned,"  which  was  read,  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "  An  act  laying  a  tax  of  two  cents 
per  acre  on  Avery's  Gore  in  the  County  of  Franklin,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  re- 
storing Asa  Chamberlin  to  his  legal  privileges,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  laying  a  tax 
on  the  County  of  Windsor,"  which  was  read,  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Ordered  that  the  Secretary  inform  the  House 
of  the  passage  of  the  five  bills  last  mentioned. 

Received  from  the  House  the  bill  entitled  "  An  act  directing  the 
Treasurer  to  pay  Robert  Temple  the  sura  therein  mentioned,"  with  an 
order  of  the  House  thereon  that  the  same  be  recommitted  to  the  Mili- 
tary Committee,  whereupon  resolved  to  concur  in  said  order  of  recom- 
mitment. Also  "An  act  designating  a  place  for  erecting  the  County 
buildings  in  the  County  of  Orange,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  members  of  Orange  County  to  join,  and 
Mr-  Dana  of  O.  was  appointed  from  Council. 

Received  from  the  House  the  following  resolution  to  wit,  "  In  General 
Assembly  October  30th>  1823.  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  Quarter  Master  General  be  authorised  to  nego- 
tiate with  the  officers  of  the  United  States  ordnance  department  or  such 
other  person  or  persons  as  he  may  think  proper,  for  a  gun  carriage,  cais- 
son and  harness,  complete  for  mounting  a  six  pounder  of  the  United 
States  modern  pattern,  if  in  his  judgment  it  will  be  conducive  to  the 
public  good,  and  that  a  sum  not  exceeding  three  hundred  dollars  be  sub- 
ject to  the  order  of  the  Governor,  for  that  purpose,  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Military  Committee,  whereupon 
resolved  to  concur  in  said  order  of  reference.  Also  a  bill  entitled  "  An 
act  for  the  encouragement  of  agriculture,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  agriculture, 
whereupon  resolved  to  concur  in  said  order  of  reference.  Adjourned  to 
2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. A  message  was  received  from  the  House  by  Mr  Chase,  one 
of  its  members,  informing  that  the  House  had  repassed  the  bill  entitled 
"  An  act  to  authorise  the  Guardian  of  Frederick  White  to  sell  and  con- 
vey the  real  estate  of  his  ward,"  and  after  assigning  the  reasons  of  the 
House  for  the  same,  he  withdrew.  Whereupon  the  Governor  and  Coun- 
cil resolved  to  concur  in  passing  this  bill  and  the  Secretary  was  ordered 
to  inform  the  House  accordingly. 

Resumed  the  consideration  of  the  report  of  the  Committee  on  manu- 
factures, and  Mr-  Langdon,  to  whom  the  same  was  committed  for  amend- 
ment, reported  amendments  which  were  read  and  adopted,  whereupon 
resolved  to  concur  in  passing  the  report  and  resolutions  with  said  amend- 
ments.    Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Novr- 1, 1823. 
The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  October  318t'  1823.  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  two  houses  meet  in  Joint  Committee  in  the  rep- 
resentatives' room  on  Saturday  next  at  two  Oclock  in  the  afternoon,  for 


Governor  and  Council — November  1823.  99 

the  purpose  of  electing  ten  Trustees  of  the  University  of  Vermont,  and 
a  Surveyor  General  of  this  state,"  [vice  Alden  Partridge  declined,] 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion and  the  Secretary  was  ordered  to  inform  the  House  accordingly. 

Received  from  the'House  the  bill  entitled  "An  act  in  addition  to  an 
act  providing  for  the  relief  and  support  of  poor  persons,  who  may  here- 
after be  confined  in  jail  and  having  no  legal  settlement  in  this  state, 
passed  November  16th«  1821,"  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.  Also  "An  act  relating  to  convic- 
tions before  Justices  of  the  peace."  Also  "  An  act  in  addition  to  an  act 
entitled  an  act  in  addition  to  an  act  entitled  an  act  constituting  the  Su- 
preme Court  of  Judicature  and  County  Courts,  defining  their  powers 
and  regulating  judicial  proceedings,  passed  Nov1"-  8th- 1797."  Also  "An 
act  directing  the  Treasurer  to  pay  Nathaniel  Wheatley  the  sum  therein 
mentioned,"  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  Judiciary  Committee,  whereupon  resolved  to  concur  in 
said  orders  of  reference. 

Received  from  the  House  the  bill  entitled  "An  act  to  repeal  an  act 
therein  mentioned,"  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  the  General  Committee;  whereupon  resolved  to  concur  in 
said  order  of  reference. 

Recd-  from  the  House  the  bill  entitled  "An  act  directing  the  Treasurer 
to  pay  John  Loveland  the  sum  therein  mentioned,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  The  House  sent  up 
for  revision  and  concurrence  &c.  the  bill  entitled  "An  act  in  addition  to 
an  act  entitled  an  act  laying  a  tax  of  six  cents  on  the  acre  in  the  town 
of  Braintree,  passed  Novr-  12th-  1821,"  which  was  read,  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  granting  to  Alex- 
ander Campbell  of  Putney  the  right  to  enter  an  appeal  from  the  report 
of  the  Commissioners  on  the  estate  of  John  Campbell  deceased,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  altering  the  name  of  Cyrus  Cogswell  to  that  of  Cyrus  Cogswell 
Blossom,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered  that  the  Secretary  inform  the  House  of  the  passage  of  the 
4  bills  last  mentioned.     Adjourned  to  2  Oclock  P.  M. 

2  O  clock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. A  message  was  received  from  the  House  by  Mr-  Mattocks 
one  of  its  members,  informing  that  the  House  had  concurred  in  the  first 
amendment  proposed  by  the  Governor  and  Council  to  the  bill  entitled 
"An  act  in  addition  to  the  several  acts  defining  the  powers  of  Justices 
of  the  peace  within  this  state,"  and  that  the  House  had  nonconcured  in 
the  2d-  proposed  amendment,  and  after  assigning  the  reasons  of  the 
house  he  withdrew.  Whereupon  the  Governor  and  Council  resolved  to 
rescind  from  their  2d-  proposed  amendment,  and  to  concur  in  passing 
this  bill,  and  the  Sec'?  was  ordered  to  inform  the  House  accordingly. 

Agreeably  to  the  concurrent  resolution  of  both  houses  the  Governor 
and  Council  met  the  General  Assembly  in  the  representatives'  room  and 
elected  trustees  of  the  University  of  Vermont  and  a  Surveyor  General.' 

Resumed  the  consideration  of  the  bill  entitled  "An  act  forming  a  new 
town  out  of  the  towns  of  Bakersfield,  Belvidere  and  Coit's  Gore  in  the 

1  Jonas  Galusha,  Robert  Pierpoint,  Horace  Everett,  Rev.  Otto  S.  Hoyt, 
Samuel  Prentiss,  Joseph  D.  Farnsworth,  Charles  Adams,  Salma  Hale, 
Isaac  Fletcher,  and  Samuel  C.  Allen  were  elected  Trustees  ;  and  Calvin 
C.  Waller,  Surveyor  General  vice  Alden  Partridge  declined. 


100  Governor  and  Council — November  1823. 

County  of  Franklin,"  which  was  read,  whereupon  resolved  not  to  concur  in 
passing  this  bill,  and  Mr-  Langdon  was  appointed  to  assign  reasons,  who 
reported  reasons  which  were  read  and  accepted  and  the  Secretary  was 
ordered  to  return  said  bill  and  reasons  to  the  House.  Adjourned  to 
Monday  next  9  Oclock  A.  M. 


Monday  ]STovr-  3, 1823.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Resumed 
the  consideration  of  the  bill  entitled  "  An  act  incorporating  the  Windsor 
Manufacturing  Company,"  which  was  read,  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also  "  An  act  relating  to  the  duty  of  Listers," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  in  amendment  to  an  act  entitled  an  act  annexing  a  part 
of  Waitsfield  to  the  town  of  Northfield,"  which  was  read,  whereupon  re- 
solved to  concur  in  passing  this  bill.  Ordered  that  the  Secretary  in- 
form the  House  of  the  passage  of  the  three  bills  last  mentioned. 

The  House  sent  up  for  concurrence  the  report  and  resolution  of  the 
select  Committee  raised  upon  the  resolution  of  Mr-  Farnsworth  of  the 
15th  of  October  last,  upon  the  subject  of  the  several  rights  of  land  in  this 
state  granted  for  the  benefit  of  the  Society  for  propagating  the  gospel  in 
foreign  parts,  which  were  read,  whereupon  resolved  to  concur  in  passing 
the  same. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  25th»  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  it  is  inexpedient  to  grant  any  charters 
for  banks  at  the  present  session  of  the  legislature,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  resolution  and  the  Secre- 
tary^ was  ordered  to  inform  the  House  accordingly. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"  An  act  annexing  the  town  of  Newark  in  the  County  of  Essex  to  the 
County  of  Caledonia,"  which  was  read,  whereupon  resolved  not  to  con- 
cur in  passing  this  bill  and  Mr-  Berry  is  appointed  to  assign  reasons  to 
the  House,  who  reported  the  following  reasons  which  were  read  and 
adopted  and  the  Secretary  was  ordered  to  return  said  bill  and  reasons  to 
the  House.1 

The  petition  of  Alfred  Prentiss,  a  convict  in  the  state  prison,  was 
taken  up,  read  and  the  question  put  "Shall  the  said  Alfred  Prentiss  be 
discharged  from  his  said  confinement,"  which  was  determined  in  the 
affirmative  —  yeas  9,  nays  3.  Those  who  voted  in  the  affirmative  are 
Messrs.  Leland,  Butler,  Chittenden,  Dana  of  C.  Holley,  Langdon,  Pratt, 
Proctor  and  Stanley.  Those  who  voted  in  the  negative  are  Messrs. 
Berry,  Dana  of  O.  and  Wetmore.  The  petition  of  Ira  Harrington,  a 
convict  in  the  state  prison,  was  taken  up,  read  and  the  question  put 
"Shall  the  said  Ira  Harrington  be  discharged  from  his  said  confine- 
ment," which  was  determined  in  the  affirmative  —  yeas  10,  nays  2. 
Those  who  voted  in  the  affirmative  are  Messrs.  Leland,  Butler,  Chitten- 
den, Dana  of  C.  Holley,  Langdon,  Pratt,  Proctor,  Stanley  and  Wetmore. 
Those  who  voted  in  the  negative  are  Messrs.  Berry  and  Dana  of  O. 

Recd-  from  the  House  a  bill  entitled  "  An  act  discharging  Elias  Hall 
from  imprisonment,"  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. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 

1  The  reasons  were  not  entered  upon  the  journal  of  either  house. 


Governor  and  Council — November  1823.  101 

"  An  act  directing  the  Treasurer  to  pay  Bingham  Lasel  the  sum  therein 
mentioned,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  the  bill  entitled  "An  act  laying  a  tax  for  the  support  of  gov- 
ernment," which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  making  the  necessary  appropriations  for  the  support 
of  government  the  present  year  and  for  other  purposes,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Secretary  inform  the  House  of  the  passage  of  the  three  bills  last  men- 
tioned.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Received  from  the  Speaker  of  the  House  a  Communication, 
informing  that  the  House  had  concurred  in  the  amendments  proposed 
to  the  joint  resolutions  upon  the  subject  of  manufactures.1 

Resumed  the  consideration  of  the  bill  entitled  "An  act  assessing  a  tax 
on  the  County  of  Essex,"  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  constituting  a  Company  of  Artillery  in  the  town  of 
Northtield,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  appointing  a  collector  in  the  town  of  Johnson," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  laying  a  tax  of  three  cents  per  acre  on  the  town  of  Belvi- 
dere,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  regulating  the  toll  of  one  horse  waggons  at  the 
West  river  bridges  in  Dummerston  and  Brattleboro  in  the  County  of 
Windham,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  for  the  relief  of  Isaac  Kimball  administrator  of 
the  estate  of  Samuel  Barber  deceased,"  which  was  read,  whereupon 
resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Secretary 
inform  the  House  of  the  concurrence  of  the  Govr-  and  Council  in  the 
passage  of  the  six  bills  last  mentioned. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  relating  to 
bills  of  divorce,"  which  was  read  and  on  motion  committed  to  Messrs. 
Langdon  and  Wetmore  for  amendment.  Adjourned  to  9  Oclock  to 
morrow  morning. 


Tuesday  Novr-  4th»  1823.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Resumed 
the  consideration  of  the  bill  entitled  "  An  act  altering  the  times  of  hold- 
ing the  Supreme  Court  in  the  Counties  therein  named,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  in 
addition  to  an  act  for  the  punishment  of  certain  capital  crimes  and  other 
high  misdemeanors,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  directing  the  Treasurer  to  pay  Daniel 
G.  Huntington  and  Seth  J.  Hitchcock  the  sum  therein  mentioned," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Secretary  inform  the  House  of  the  passage  of  the  three 
bills  last  mentioned. 

A  message  was  recd-  from  the  House  by  Mr- Hibbard,  one  of  its 
members,  informing  that  the  House  had  repassed  the  bill  entitled  "  An 
act  annexing  the  town  of  Newark  in  the  County  of  Essex  to  the  County  of 
Caledonia,"  and  after  assigning  the  reasons  of  the  House  for  the  same 

1  These  resolutions  instructed  the  Vermont  delegation  in  Congress  to 
support  all  lawful  measures  for  the  encouragement  and  protection  of 
manufactures  ;  and  the  delegation  did  aid  the  tariff  of  1824,  under  the 
lead  of  Rollin  C.  Mallary. 


102  Governor  and  Council — November  1823. 

he  withdrew.  Whereupon  amendments  were  proposed  to  said  bill  and 
adopted  and  it  was  resolved  to  concur  in  passing  said  bill  with  said  pro- 
posed amendments  and  Mr-  Wetmore  is  appointed  to  assign  reasons  to 
the  House. 

A  message  was  recd-  from  the  House  by  Mr-  Hunt,  one  of  its  members, 
informing  that  the  House  had  repassed  the  bill  entitled  "  An  act  form- 
ing a  new  town  out  of  the  towns  of  Bakersfield,  Belvidere  and  Coit's 
Gore  in  the  County  of  Franklin,"  and  after  assigning  the  reasons  of  the 
House  he  withdrew. 

Recd-  from  the  House  the  bill  entitled  "An  act  laying  a  tax  of  four 
cents  on  each  acre  of  land  in  the  town  of  Westford,"  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  land  tax  Commit- 
tee, whereupon  resolved  to  concur  in  said  order.  Also  the  bill  entitled 
"  An  act  in  addition  to  an  act  ascertaining  the  principles  on  which  the 
list  of  this  state  shall  be  made  and  directing  the  listers  in  their  office 
and  duty,"  with  en  order  of  the  House  thereon  that  the  same  be  recom- 
mitted to  the  Committee  of  ways  and  means,  whereupon  resolved  to 
concur  in  said  order. 

The  House  sent  up  for  concnrrence  the  resolution  to  authorize  the 
Quartermaster  General  to  purchase  a  gun  carriage  and  caisson  and  ap- 
propriating a  sum  not  exceeding  three  hundred  dollars  for  that  purpose, 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion.    Ordered  that  the  Secretary  inform  the  House  accordingly. 

Recd-  the  report  of  the  Committee  on  that  part  of  his  Excellency's 
Speech  which  relates  to  the  deaf  and  dumb,  with  an  order  of  the  House 
thereon  that  the  same  be  recommitted  to  the  Committee  who  reported  it, 
whereupon  resolved  to  concur  in  said  order.  Also  "  An  act  in  addition 
to  an  act  directing  the  listers  in  their  office  and  duty,"  with  an  order  of 
the  House  thereon  that  the  same  be  recommitted  to  the  Committee  of 
ways  and  means,  whereupon  resolved  to  concur  in  said  order.  Ad- 
journed to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "  An  act  in- 
corporating the  East  bay  navigation  Company,"  which  was  read,  where- 
upon resolved  to  Concur  in  passing  this  bill,  and  the  Secretary  was 
ordered  to  inform  the  House  accordingly. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  directing  the 
Treasurer  of  this  state  to  pay  Jonathan  Fassett  the  sum  therein  men- 
tioned," which  was  read,  whereupon  resolved  not  to  concur  in  passing 
this  bill  and  M>  Langdon  is  appointed  to  assign  reasons,  who  reported  the 
same  instanter  and  they  were  adopted,  and  the  Secretary  was  ordered  to 
return  said  bill  and  reasons  to  the  House.  Adjourned  to  9  Oclock  to 
morrow  morning. 


Wednesday  Nov1-  5th- 1823.  9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  Resumed 
the  consideration  of  the  bill  entitled  "  An  act  directing  the  Treasurer  to 
pay  Robert  Temple  the  sum  therein  mentioned,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  directing 
the  Treasurer  to  pay  Nathaniel  Wheatly  Junr-  the  sum  therein  men- 
tioned," which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  establishing  an  academy  at  Concord  in  the  County 
of  Essex,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered  that  the  Secretary  inform  the  House  of  the  passage  of  the 
three  bills  last  mentioned. 


Governor  and  Council — November  1823.  103 

Recd-  from  the  House  the  bill  entitled  "  An  act  in  addition  to  an  act 
entitled  an  act  ascertaining  the"  principles  on  which  the  list  of  this  state 
shall  be  made  and  directing  listers  in  their  duties  and  office,"  with 
an  order  of  the  House  thereon  that  the  same  be  recommitted  to  the 
General  Committee,  whereupon  resolved  to  Concur  in  said  order  of  re- 
commitment. 

The  House  sent  up  for  revision  and  concurrence  &c.  "  the  Report  of 
the  committee  raised  on  the  Communications  and  resolutions  from  Mas- 
sachusetts, New  York  and  Georgia,"  [covering  the  dissent  of  those 
states  to  the  amendment  to  the  Federal  Constitution  proposed  by  Penn- 
sylvania, limiting  national  banks  to  the  District  of  Columbia — to  which 
Vermont  had  previously  dissented,]  which  was  read,  whereupon  resolved 
to  concur  in  passing  the  same  and  the  Secretary  was  ordered  to  notify 
the  House  accordingly. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  Novr-  4th>  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  houses  meet  in  Joint  Committee  in 
the  representatives'  room  at  ten  Oclock  to  morrow  morning  for  the  pur- 
pose of  electing  a  Major  General  of  the  first  division  and  Brigadier  Gen- 
erals of  the  first,  second  and  third  brigades  in  said  first  division  of  mili- 
tia of  t>his  state,"  which  was  read  and  an  amendment  proposed  to  the 
same  which  was  adopted,  whereupon  resolved  to  concur  in  passing  this 
resolution  with  said  proposed  amendment  and  the  Sec'y  was  ordered  to 
inform  the  House  accordingly. 

The  Petition  of  William  Freeman  for  pardon  was  taken  up,  read  and 
on  motion  of  the  Lieut.  Governor,  ordered  to  be  dismissed. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  relating  to 
bills  of  divorce,"  and  Mr-  Langdon  reported  amendments  to  the  same, 
which  were  read  and  adopted,  whereupon  resolved  to  concur  in  passing 
this  bill  with  said  proposed  amendments  and  reasons  were  assigned  in 
writing  and  the  Secretary  was  ordered  to  return  said  bill  and  reasons  to 
the  House.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. A  message  was  received  from  the  House  by  Mr-  Pierpoint, 
one  of  its  members,  informing  that  the  House  had  non[con]curred  in 
the  amendments  proposed  by  the  Governor  and  Council  to  the  bill 
entitled  "An  act  annexing  the  town  of  Newark  in  the  County  of  Essex 
to  the  County  of  Caledonia,"  and  that  the  House  had  repassed  said  bill, 
and  after  assigning  the  reasons  of  the  House  he  withdrew.  Whereupon 
the  Governor  and  Council  resolved  to  suspend  the  passing  of  this  bill 
until  the  next  session  of  the  legislature,  and  the  Secretary  was  ordered 
to  inform  the  House  accordingly. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  in  addition  to 
an  act  entitled  an  act  regulating  town  meetings  and  the  choice  and  duty 
of  town  officers,  passed  Feb'y  28th>  1797,"  which  was  read,  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  laying  a  tax  of 
three  cents  per  acre  on  the  town  of  Westford,"  which  was  read,  where- 
upon Resolved  to  concur  in  passing  this  bill.  Also  "An  act  making 
provision  for  settling  the  concerns  of  the  Vermont  State  Bank,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Ordered 
that  the  Secretary  inform  the  House  of  the  passage  of  the  three  bills 
last  mentioned.    Adjourned  to  9  Oclock  to  morrow  morning. 


104  G-ovemor  and  Council — November  1823. 

Thursday  Nov*-  6th'  1823*.    9  Oclock  A.  M. 

• 

The  Governor  and  Council  met  pursuant  to  adjournment.  Recd-  from 
the  Speaker  of  the  House  of  Representatives  a  communication  inform- 
ing that  the  House  had  concurred  in  the  amendment  proposed  to  the 
joint  resolution  appointing  a  time  for  the  two  houses  to  meet  in  Joint 
Committee  for  the  choice  of  a  Major  General  of  the  first  division  and 
Brigadier  Generals  for  said  division. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  forming  a  new 
town  out  of  the  towns  of  Bakersfield,  Belvidere  and  Coit's  Gore  in  the 
County  of  Franklin.1'  Amendments  were  proposed  to  the  same  which 
were  read  and  adopted,  whereupon  resolved  to  concur  in  passing  this 
bill  with  said  proposed  amendments  and  reasons  were  reported  in 
writing  which  were  read  and  adopted,  whereupon  Ordered  that  the 
Secretary  return  said  bill  and  reasons  to  the  House. 

A  message  was  received  from  the  House  by  Mr-  Chase,  one  of  its 
members,  informing  that  the  House  had  repassed  the  bill  entitled  "An 
act  directing  the  Treasurer  to  pay  Jonathan  Fassett  the  sum  therein 
mentioned,"  and  after  assigning  the  reasons  of  the  House  for  the  same 
he  withdrew. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"In  General  Assembly  October  25th'  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  Houses  meet  in  the  representa- 
tives' room  on  friday  the  seventh  of  November  next  [inst.]  at  seven 
Oclock  A.  M.  for  the  purpose  of  adjourning  both  houses  without  day," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  resolution 
and  the  Secretary  was  ordered  to  notify  the  House  accordingly. 

Received  from  the  House  the  communication  of  the  Secretary  of 
State,  relating  to  the  "Vermont  State  papers,"  and  the  report  and 
resolution  of  the  committee  appointed  thereon,  which  were  read,  where- 
upon resolved  to  concur  in  passing  said  Resolution  and  the  Secretary 
was  ordered  to  inform  the  House  accordingly.' 

The  Governor  and  Council  proceeded  to  elect  a  Surveyor  of  the  pub- 
lic buildings  for  the  year  ensuing,  and  the  ballots  being  taken,  sorted 
and  counted,  Joshua  Y.  Vail  Esquire  was  declared  duly  elected.  Ad- 
journed to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  Governor  and  Council  attended  in  the  representatives' 
room  and  together  with  the  General  Assembly  elected  [Lyman  Mower] 
a  Major  General  of  the  first  division  of  the  militia  of  this  state  and  [Jon- 
athan Smith,  John  Perkins,  and  John  Francis]  Brigadier  Generals  for 
the  first,  second  and  third  Brigades  in  said  first  division,  after  which 
the  Governor  and  Council  returned  to  their  Chamber. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  directing  the 
Treasurer  to  pay  Jonathan  Fassett  the  sum  therein  mentioned,"  which 
was  read,  and  Mr-  Butler  proposed  the  following  amendments  to  said 
bill,  to  wit:  Strike  out  the  words  "  Jonathan  Fassett "  in  the  title  of  the 
bill.  Also  strike  out  the  words  "  Jonathan  Fassett "  in  the  enacting 
part  of  the  bill.  And  the  question  being  put  upon  the  adoption  of  said 
amendments,  the  Council  were  equally  divided,  whereupon  his  excel- 
lency gave  the  casting  vote  in  favour  of  said  amendments  and  the  same 
were  adopted,  whereupon  Resolved  to  concur  in  passing  this  bill  with 

1  The  Secretary  of  State  announced  that  fifty  copies  of  what  is  now 
known  as  Slade's  Vermont  State  Papers,  had  been  deposited  in  his 
office,  and  the  resolution  provided  for  their  distribution. 


Governor  and  Council — November  1823.  105 

said  proposed  amendments  and  reasons  being  assigned  in  writing  the 
Secretary  was  ordered  to  return  said  bill  and  reasons  to  the  House. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"An  act  laying  a  tax  of  three  cents  per  acre  on  the  lands  in  the  town  of 
Newport,"  which  was  read,  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  in  addition  to  an  act  entitled  an  act  to  provide 
for  reporting  the  decisions  of  the  Supreme  Court  of  Judicature,"  which 
was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An 
act  in  addition  to  the  several  acts  directing  the  mode  of  attaching  real 
estate,"  which  was  read,  whereupon  Resolved  to  concur  in  passing  this 
bill.  Ordered  that  the  Secretary  inform  the  House  of  the  passage  of  the 
three  bills  last  mentioned. 

His  Excellency  the  Governor,  by  and  with  the  advice  of  the  Council, 
was  pleased  to  appoint  Charles  Adams  Esquire,  of  Burlington,  to  be  Re- 
porter of  the  decisions  of  the  Supreme  Court  of  Judicature,  for  the  year 
ensuing. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"  An  act  granting  a  tax  of  four  cents  per  acre  on  the  town  of  Woodford 
in  the  County  of  Bennington,"  which  was  read,  whereupon  Resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  repealing  an  act  therein  men- 
tioned," which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  directing  the  Treasurer  to  pay  the  town  of  Danville 
the  sum  therein  mentioned,"  which  was  read,  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  and  alteration 
of  an  act  entitled  an  act  laying  a  tax  of  four  cents  per  acre  on  the  town 
of  Barton  in  the  County  of  Orleans,  passed  October  24th»  1823,"  which 
was  read,  whereupon  Resolved  to  concur  in  passing  this  bill.  Also  "An 
act  providing  for  the  compiling  and  reprinting  the  laws  of  this  state," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill.  Or- 
dered that  the  Secretary  inform  the  House  that  the  Governor  and  Coun- 
cil have  concurred  in  passing  the  five  bills  last  mentioned. 

The  Governor  and  Council  proceeded  to  the  election  of  a  person  to 
revise  and  compile  the  statute  laws  of  this  state,  agreeably  to  an  act  of 
the  legislature  of  this  state  entitled  "An  act  providing  for  the  compiling 
and  reprinting  the  laws  of  this  state,"  and  the  ballots  being  taken, 
sorted  and  counted,  William  Slade  Junr-  was  declared  duly  elected. 

The  House  sent  up  for  concurrence,  the  report  and  resolutions  of  the 
Committee  raised  on  that  part  of  his  Excellency's  Speech  which  relates 
to  the  deaf  and  dumb,  which  were  read,  whereupon  Resolved  to  concur 
in  passing  said  resolutions  and  the  Sec'?  was  ordered  to  inform  the 
House  accordingly. 

The  House  sent  up  the  report  and  resolutions  of  the  Committee  raised 
upon  the  communication  from  the  state  of  Illinois,  for  concurrence,  which 
were  read,  whereupon  resolved  to  concur  in  passing  said  resolutions  and 
the  Sec'y  was  ordered  to  inform  the  House  accordingly.1 

1  The  resolutions  were  these  : 

Besolved  by  the  General  Assembly  of  the  State  of  Vermont,  that  the 
legislature  of  this  state  having  heretofore  considered  and  acted  upon 
the  claim  of  the  old  thirteen  United  States,  and  of  this  state  and  others, 
to  an  appropriation  of  public  lands,  within  the  states  formed  out  of  the 
territory  of  the  United  States,  for  the  purposes  of  education,  it  is  inex- 
pedient to  legislate  or  express  any  other  or  further  opinion  upon  the 
same  than  that  heretofore  expressed  and  communicated  to  the  state  of 
Illinois,  and  others  of  the  United  States. 

Resolved,  by  the  authority  aforesaid,  that  his  excellency  the  governor 


106  Governor  and  Council — November  1823. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"  In  General  Assembly  Nov-  5th'  1823.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  it  be  recommended  to  the  several  towns 
of  the  County  of  Windham,  at  their  next  annual  march  meeting,  to 
choose  a  delegate  in  each  town  to  meet  at  the  court  house  in  Newfane  in 
said  County  on  the  2d  tuesday  of  June  next,  at  their  own  expense,  at  ten 
of  the  clock  in  the  forenoon,  which  delegates  when  convened  are  to 
make  examination  for  the  purpose  of  ascertaining  the  best  place  for  the 
permanent  shire  of  said  county,  and  make  report  to  the  next  session  of 
the  legislature,  as  well  their  opinion,  where  the  shire  or  place  for  the 
County  buildings  ought  to  be  fixed,  as  of  such  proposals  which,  may  be 
made  towards  erecting  the  County  buildings  in  different  towns  or 
places,  (on  condition  the  shire  be  established  in  said  towns  or  places,) 
and  return  their  report  by  the  fifth  day  of  the  next-session  of  the  legis- 
lature, under  the  hands  of  the  said  committee,  or  a  major  part  of  them. 
Resolved  also  that  the  selectmen  of  said  towns  insert  an  article  in  their 
warrants  for  the  next  annual  inarch  meeting,  notifying  that  a  delegate 
is  to  be  chosen  to  meet  in  convention  as  aforesaid  at  Newfane  on  the  2d- 
tuesday  of  June  next,  for  locating  the  shire  of  Windham  County." 
Which  was  read,  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion.    Ordered  that  the  Secretary  inform  the  House  accordingly. 

A  message  was  recd-  from  the  House  by  Mr-  Elliot,  one  of  its  members, 
informing  that  the  House  had  concurred  in  all  the  amendments  pro- 
posed by  the  Govr-  and  Council  to  the  bill  entitled  "  An  act  relating  to 
bills  of  divorce,"  except  the  third,  and  that  the  House  had  nonconcurred 
in  the  said  third  proposed  amendment  and  requested  the  Governor  and 
Council  to  rescind  from  said  proposed  amendment,  and  after  assigning  the 
reasons  of  the  House  he  withdrew — whereupon  the  Governor  and  Council 
Resolved  not  to  rescind  from  said  amendment,  but  to  suspend  the  passage 
of  said  bill  until  the  next  session  of  the  legislature,  and  the  Sec'y  was 
ordered  to  inform  the  House  accordingly. 

A  message  was  recd-  from  the  House  by  Mr-  Olin,  one  of  its  members, 
informing  that  the  House  had  repassed  the  bill  entitled  "An  act  directing 
the  Treasurer  to  pay  Jonathan  Fassett  the  sum  therein  mentioned," 
and  after  assigning  the  reasons  of  the  House  he  withdrew,  whereupon 
the  Governor  and  Council  Resolved  to  suspend  the  passing  of  said  bill 
until  the  next  session  of  the  legislature,  and  the  Secretary  was  ordered 
to  inform  the  House  accordingly. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"  An  act  for  the  relief  of  Leonard  Deming,"  which  was  read,  whereupon 
Resolved  to  nonconcur  in  passing  this  bill  and  Mr-  Wetmore  is  ap- 
pointed to  assign  reasons  to  the  House.  Also  "  An  act  assessing  a  tax 
on  the  County  of  Orange  for  the  purpose  of  building  a  jail  in  said 
County,"  which  was  read,  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  granting  to  Daniel  Staniford  an  appeal  from  the 
judgment  of  commissioners  on  the  estate  of  John  Barry,  late  of  Colches- 
ter, deceased,  to  the  Supreme  Court,"  which  was  read,  whereupon  Re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  an 
act  ascertaining  the  principles  on  which  the  list  of  this  state  shall  be 
made  and  directing  the  listers  in  their  office  and  duty,"  which  was  read, 

be  requested  to  communicate  or  cause  to  be  communicated,  a  copy  of 
the  above  report  and  resolution  to  the  executive  of  the  state  of  Illinois, 
and  a  like  copy  to  each  of  our  senators  and  representatives. 

See  Governor  and  Council,  Vol.  vi,  p.  544;  and  printed  Vermont  Assem- 
bly Journal  of  1823,  p.  185. 


Governor  and  Council — November  1823.  107 

whereupon  Resolved  to  concur  in  passing  this  bill.  Also  "  An  act  in 
addition  to  an  act  providing  for  the  relief  and  support  of  poor  persons 
who  may  hereafter  be  confined  in  jail  and  having  no  legal  settlement  in 
this  state,  passed  Kovr-  16th- 1821,"  which  was  read,  whereupon  Resolved 
to  concur  in  passing  this  bill.  Ordered  that  the  Secretary  inform  the 
House  of  the  passage  of  the  four  last  mentioned  bills. 

A  communication  was  recd-  from  the  Speaker  of  the  House  of  representa- 
tives, informing  that  the  House  had  concurred  in  the  amendment  pro- 
posed to  the  Resolution  relating  to  the  County  buildings  in  Windham 
County.1 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"  An  act  in  addition  to  an  act  entitled  an  act  ascertaining  the  principles 
on  which  the  list  of  this  state  shall  be  made  and  directing  the  listers  in 
their  office  and  duty,"  which  was  read,  whereupon  resolved  not  to  con- 
cur in  passing  this  bill  and  Mr-  Langdon  reported  reasons  which  were 
adopted  as  the  reasons  of  the  Gov1--  and  Council,  and  the  Secretary  was 
ordered  to  return  said  bill  and  reasons  to  the  House.  Adjourned  to  7 
Oclock  to  morrow  morning. 


Friday  Novr-  7th>  1823.     9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  for  revision  and  concurrence  &c.  the  bill  entitled  "An  act  in  ad- 
dition to  an  act  entitled  an  act  ascertaining  the  principles  on  which  the 
list  of  this  state  shall  be  made  and  instructing  listers  in  their  duties  and 
office,"  which  was  read,  whereupon  Resolved  to  concur  in  passing  this 
bill  and  the  Secretary  was  ordered  to  inform  the  House  accordingly. 

A  message  was  received  from  the  House  by  Mr- Fitch,  one  of  its  mem- 
bers, informing  that  the  House  had  repassed  the  bill  entitled  "  An  act 
in  addition  to  an  act  entitled  an  act  ascertaining  the  principles  on  which 
the  list  of  this  state  shall  be  made,  and  directing  the  listers  in  their 
office  and  duty,"  and  after  assigning  the  reasons  of  the  House  he  with- 
drew. Whereupon  amendments  were  proposed  to  said  bill,  and  adopted ; 
and  the  Governor  and  Council  resolved  to  concur  in  passing  said  bill 
with  said  proposed  amendments,  and  the  Secretary  was  ordered  to  re- 
turn said  bill  and  amendments,  together  with  the  reasons  of  the  Council 
in  writing,  to  the  House. 

A  message  was  received  from  the  House  by  Mr  Chase,  one  of  its  members, 
informing  that  the  House  had  non  concurred  in  the  amendments  proposed 
by  the  Governor  and  Council  to  the  bill  entitled  aAn  act  in  addition  to  an 
act  entitled  an  act  ascertaining  the  principles  on  which  the  list  of  this 
state  shall  be  made,  and  directing  the  listers  in  their  office  and  duty," 
and  after  assigning  the  reasons  of  the  House  he  withdrew.  Whereupon 
the  Governor  and  Council  Resolved  to  suspend  the  passing  of  this  bill 
until  the  next  session  of  the  legislature;  and  the  Secretary  was  ordered 
to  inform  the  House  accordingly. 

A  message  was  received  from  the  House  by  Mr-  Bates,  one  of  its  mem- 
bers, informing  that  the  House  have  completed  the  business  of  the  Ses- 
sion and  that  they  are  ready  to  adjourn  without  day,  agreeably  to  the 
joint  resolution  of  both  Houses — whereupon  the  Secretary  was  ordered 
to  inform  the  House  that  the  Governor  and  Council  would  forthwith  at- 
tend in  the  representatives'  room  for  the  purpose  of  adjourning  the 
General  Assembly  without  day. 

1  The  journal  of  the  Council  does  not  indicate  any  amendment. 


108 


Governor  and  Council — November  1823. 


The  Governor  and  Council  attended  in  the  House  of  representatives, 
and  after  an  address  to  the  throne  of  grace  by  the  Chaplain,  the  General 
Assembly  was  adjourned  without  day 

The  Governor  and  Council  returned  to  the  Council  Chamber  and  ad- 
journed without  day. 

State  of  Vermont. — The  foregoing  from  page  one  to  page  78  inclu- 
sive [of  the  manuscript  Council  Journal  marked  Vol.  10,]  is  a  true  Jour- 
nal of  the  proceedings  of  the  Governor  and  Council,  at  their  annual  Ses- 
sion in  the  year  1823.  D.  Kellogg,  Sec'v- 


No. 

Ain't 

No. 

Am't. 

Debenture  of  Council,  1823. 

Miles 

of 

days 

of 

Debenture. 

Travel. 

Travel. 

Att'nce. 

Att'nce 

Mr  Judd 

60 

$7.20 

2 

$3. 

$10.20 

Lieut.  Govr-  Leland 

80 

9.60 

30 

120. 

129.60 

Mr-  Berry 

75 

9.00 

30 

45. 

54. 

"     Butler 

12 

1.44 

30 

45. 

46.44 

"     Chittenden 

30 

3.60 

30 

45. 

48.60 

"    Dana  of  O. 

22 

2.64 

25 

37.50 

40.14 

a    Dana  of  C. 

30 

3.60 

30 

45. 

48.60 

"    Holley 

60 

7.20 

26 

39. 

46.20 

"     Langdon 

72 

8.64 

24 

36. 

44.64 

"     Pratt 

100 

12. 

30 

45. 

57.00 

"     Proctor 

71 

8.52 

30 

45. 

53.52 

"    Stanley 

32 

3.84 

30. 

45. 

48.84 

"    Wetmore 

60 

7.20 

30 

45. 

52.20 

Sheriff 

12 

1.44 

30 

45. 

46.44 

Deputy 

12 

1.44 

30 

45. 
Amoun 

46.44 

t       $772.86 

The  above  Debenture  was  recd-  of  the  Treasurer  by  the  Sheriff,  and 
by  him  paid  over  to  the  members  &c.  D.  Kellogg,  >Scc'y, 


FORTY- EIGHTH  COUNCIL. 

OCTOBER  1824  TO  OCTOBER  1825. 


Cornelius  P.  Van  Ness,  Burlington,  Governor. 
Aaron  Leland,  Chester,  Lieutenant  Governor. 


Councillors: 


Ezra  Butler,  Waterbury, 
Chauncey  Langdon,  Castleton, 
Truman  Chittenden,  Williston 


Josiah  Dana,  Chelsea, 
Israel  P.  Dana,  Danville., 
Jabez  Proctor,  Cavendish, 
Samuel  H.  Holley,  Middlebury, 
John  Koberts,  Whitingham. 
Orsamus  C.  Merrill,  Benn'gton. 

Daniel  Kellogg,  Rockingham,  Secretary. 
John  Peck,  Waterbury,  Sheriff. 


Timothy  Stanley,  Greensboro' 
Seth  Wetmore,  St.  Albans, 
Joseph  Berry,  Guildhall, 


BIOGRAPHICAL  NOTICE. 

Orsamus  C.  Merrill,  born  in  Farmington,  Conn.,  June  18,  1775, 
came  to  Bennington  April  5  1791,  and  w*s  apprenticed  to  Anthony  Has- 
well,  the  Bennington  printer.  Completing  his  apprenticeship,  he  en- 
tered the  printing  business  for  himself,  and  his  first  printed  book  was 
Webster's  spelling-book.  Next  he  studied  law,  and  was  admitted  to  the 
bar  in  1805.  He  entered  the  military  service  in  the  war  of  1812-'15,  and 
was  major  in  the  11th  U.  S.  Infantry  March  3  1813,  Lieut.  Col.  of  the 
the  26th  Infantry  as  riflemen,  Sept.  4  1814,  and  transferred  back  to  the 
11th  Infantry  as  Lieut.  Col.  Sept.  26  1814.  The  remainder  of  his  public 
services  were  in  the  civil  department,  to  wit  :  Register  of  Probate  1815; 
Clerk  of  the  Courts  1816  ;  Member  of  Congress  1817-19;  Representa- 
tive of  Bennington  in  the  Constitutional  Convention,  and  General  As- 
sembly, in  1822;  Judge  of  Probate  in  1822,  1841, 1842,  and  1846;  State's 
Attorney  1823  and  '24;  Councillor  1824  until  1826,  and  member  of  the 
first  State  Senate.  "  He  was  remarkable  for  great  purity,  elevation,  and 
urbanity  of  character,  *  *  *  and  in  his  Christian  example  characteristically 
conscientious  and  circumspect."  He  died  April  12  1865,  in  the  ninetieth 
year  of  his  age.  The  late  Hon.  Timothy  Merrill  of  Montpelier,  who 
held  many  responsible  positions  in  the  public  service,  was  a  brother  of 
the  subject  of  this  sketch. — Memorials  of  a  Century,  Bennington;  Dem- 
ing's  Catalogue;  and  Governor  and  Council,  Vol.  vi. 


110  Governor  and  Council — October  1824. 

RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   WITH  THE   GENERAL   ASSEMBLY  AT  MONTPE- 
LIER,  OCTOBER  1824. 


State  of  Vermont  ss. 

A  Journal  of  the  proceedings  of  the  Governor  and  Council  at  their 
Session,  begun  and  held  at  Montpelier  in  said  State,  on  the  second  thurs- 
day  of  October  in  the  year  of  our  Lord  Christ,  one  thousand  eight  hun- 
dred and  twenty-four,  being  the  fourteenth  day  of  the  month  and  in  the 
Forty-ninth  year  of  the  independence  of  the  United  States — Present,  His 
Excellency  Cornelius  P.  Van  Ness,  Governor.  His  Honor  Aaron  Leland, 
Lieut.  Governor.  The  Hon.  Joseph  Berry,  Israel  P.  Dana,  Josiah  Dana, 
Samuel  H.  Holley,  Chauncey  Langdon,  Joel  Pratt,  Jabez  Proctor,  Tru- 
man Chittenden,  Ezra  Butler,  Seth  Wetmore,  of  the  Council. 

A  message  was  received  from  the  House  of  Representatives  by  Mr- 
Temple,  one  of  its  members,  informing  the  Governor  and  Council  that 
the  House  had  organized  by  choosing  George  E.  Wales  their  Speaker 
and  Timothy  Merrill  Clerk  pro  tempore,  and  that  the  House  were  ready 
to  receive  any  communication  which  the  Governor  and  Council  might  be 
pleased  to  make,  and  he  withdrew.  Ordered  that  the  Sec'y  inform  the 
House  of  Representatives  that  the  Governor  and  a  quorum  of  the  Coun- 
cil are  assembled  in  the  Council  Chamber  and  are  ready  to  [proceed  to] 
business. 

A  message  was  received  from  the  House  by  Mr-  Cushman,  one  of  its 
members,  informing  the  Governor  and  Council  that  the  House  had  on 
its  part  appointed  a  Committee  to  receive,  sort  and  count  the  votes  for 
Govr»  Lieut.  Governor,  Treasurer  and  Councillors,  and  he  withdrew. 
Whereupon  the  Governor  and  Council  proceeded  to  appoint  a  commit- 
tee to  join  such  committee  on  the  part  of  the  House,  and  Messrs.  Wet- 
more,  Proctor  and  Berry  were  appointed  and  sworn.  Ordered,  that  the 
Sec'y  inform  the  House  of  Representatives  that  the  Governor  and  Coun- 
cil have  on  their  part  appointed  a  committee  to  receive,  sort  and  count 
the  votes  for  Governor,  Lieut.  Governor,  Treasurer  and  Councillors  for 
the  ensuing  year.     Adjourned  to  4  Oclock  P.  M.1 

4  Oclock  P.  M.  -The  Governor  and  Council  met  pursuant  to  ad- 
journment. Mr-  Stanley  appeared  in  the  Council  Chamber  and  took  his 
seat. 

A  message  was  received  from  the  House  by  Mr-  Hinsdale,  one  of  its 
members,  informing  that  the  House  was  ready  to  meet  the  Governor 
and  Council  in  the  Representatives'  room  to  receive  the  report  of  the 
Canvassing  Committee.  Ordered  that  the  Sec'y  inform  the  House  of 
representatives  that  the  Governor  and  Council  will  immediately  attend 
in  the  representatives'  room  to  hear  the  report  of  the  Canvassing  Com- 
mittee. The  Governor  and  Council  attended  in  the  representatives' 
room,  when  the  Canvassing  Committee  made  the  following  report,  to  wit: 

1  The  election  sermon  was  preached  by  the  Rev.  Amariah  Chandler 
then  of  Waitsfield. 


Governor  and  Council — October  1824.  Ill 

The  committee  appointed  to  receive,  sort  and  count  the  votes  for  Gov- 
ernor, Lieut.  Governor,  Treasurer  and  Councillors,  for  the  year  ensuing, 
do  report  and  declare  that  His  Excellency  Cornelius  P.  Van  Ness  is 
elected  Governor.  The  Hon.  Aaron  Leland  is  elected  Lieut.  Governor 
— and  Benjamin  Swan  Esq.  Treasurer,  and  that  the  Hon.  Timothy  Stan- 
ley, Joseph  Berry,  Israel  P.  Dana,  Ezra  Butler,  Seth  Wetmore,  John 
Roberts,  Truman  Chittenden,  Jabez  Proctor,  Orsamus  C.  Merrill, 
Chauncey  Langdon,  Samuel  H.  Holley  and  Josiah  Dana  are  elected 
Councillors  for  the  year  ensuing.         Seth  Wetmore,  for  Committee. 

Montpelier,  Octr- 14, 1824.  ' 

Which  report  having  been  read,  the  Sheriff  of  Washington  County 
made  proclamation  of  said  several  elections,  and  the  Governor  and  Coun- 
cil returned  to  their  Chamber.  Adjourned  to  9  Oclock  to  morrow 
morning.1 


Friday  October  15th- 1824.    9  Oclock  A.  M. 

His  Honor  Aaron  Leland,  Lieut.  Governor  elect,  and  the  Hon.  Timo- 
thy Stanley,  Joseph  Berry,  Israel  P.  Dana,  Ezra  Butler,  Seth  Wetmore, 
John  Roberts,  Truman  Chittenden,  Jabez  Proctor,  Orsamus  C.  Merrill, 
Chauncey  Langdon,  Samuel  H.  Holley  and  Josiah  Dana,  Councillors 
elect,  appeared  in  the  Council  Chamber,  and  immediately  attended  in 
the  representatives'  hall,  and  in  the  presence  of  the  House  took  and  sub- 
scribed the  oaths  of  office;  when  they  returned  to  the  Council  Chamber. 

A  message  was  received  from  the  House,  by  Mr-  Hunt  of  Brattleboro, 
one  of  its  members,  informing  that  the  House  had  elected  George  E. 
Wales  Speaker,  Norman  Williams  Sec'y  of  State,  Timothy  Merrill  Clerk 
&  Oramel  H.  Smith  engrossing  Clerk. 

A  large  number  of  Petitions,  from  convicts  in  the  state  prison,  were 
received  and  filed.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  Governor  and  Council  attended  in  the  House  of  Rep- 
resentatives, when  His  Excellency  the  Governor  delivered  the  following 
Speech,  after  having  taken  and  subscribed  the  oaths  of  office.2 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"  In  General  Assembly  October  15,  1824.  Resolved,  the  Governor  and 
Council  concurring,  that  both  Houses  meet  in  Joint  Committee,  in  the 
Representatives'  room,  at  two  Oclock  this  afternoon,  for  the  purpose  of 
electing  a  Chaplain  of  the  General  Assembly,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  resolution,  and  the  Sec'y  was 
ordered  to  inform  the  House  accordingly.8 

The  petition  of  Alexander  Whitman,  for  pardon,  was  taken  up,  read, 
and  on  motion  of  Mr-  Wetmore,  Ordered  to  be  dismissed.  The  petition 
of  David  Wealherby,  for  pardon,  was  taken  up,  and  on  motion  of  Mr- 
Proctor,  ordered  to  be  dismissed.  The  petition  of  John  Utley,  for  par- 
don, was  taken  up  and  on  motion  of  the  Lieut.  Governor,  ordered  to  be 
dismissed.  The  petition  of  William  Twambly,  for  pardon,  was  taken 
up,  and  on  motion  of  Mr  Dana  of  O.  was  ordered  to  be  dismissed.  The 
petition  of  Jean  B.  Tumas,  for  pardon,  was  taken  up,  and  on  motion  of 

1  The  votes  for  Governor  were,  Cornelius  P.  Van  Ness,  13,413  ;  Joel 
Doolittle,  1,962  ;  scattering,  346. 

2  For  speech  see  Appendix  A. 

3  Rev.  Amariah  Chandler  of  Waitsfield  was  elected. 


112  Governor  and  Council — October  1824. 

Mr  Wetmore,  was  ordered  to  be  dismissed.  The  petition  of  Benuel  K. 
Stevens  was  taken  up,  and  on  motion  of  Mr-  Roberts,  was  ordered  to  be 
dismissed.  The  petition  of  Henry  L.  Stevens,  for  pardon,  was  taken 
up,  and  on  motion  of  Mr-  Wetmore,  was  ordered  to  be  dismissed.  The 
petition  of  Lemuel  Scott,  for  pardon,  was  taken  up,  and  on  motion  of 
Mr-  Wetmore,  was  ordered  to  be  dismissed.  The  petition  of  Jonas  Rob- 
inson was  taken  up  and  on  motion,  ordered  to  be  dismissed.  The  peti- 
tion of  James  Robinson,  for  pardon,  was  taken  up,  and  on  motion  of  the 
Lieut.  Governor,  ordered  to  be  dismissed.  The  petition  of  Daniel 
Palmer,  for  pardon,  was  taken  up  and  on  motion  of  the  Lieut.  Governor, 
ordered  to  be  dismissed.  The  petition  of  Silas  Plumley,  for  pardon,  was 
taken  up,  and  on  motion  of  Mr-  Holley,  ordered  to  be  dismissed.  The 
petition  of  William  H.  Nichols,  for  pardon,  was  taken  up  and  on  motion 
of  Mr-  Wetmore,  ordered  to  be  dismissed.  The  petition  of  David  Nor- 
ris,  for  pardon,  was  taken  up  and  on  motion  of  Mr-  Wetmore,  ordered  to 
be  dismissed.  The  petition  of  Patrick  Murphy,  for  pardon,  was  taken 
up  and  on  motion  of  the  Lieut.  Governor,  ordered  to  be  dismissed. 
The  petition  of  William  Lee,  for  pardon,  was  taken  up,  and  on  motion 
of  the  Lieut.  Governor,  ordered  to  be  dismissed.  The  petition  of  Lu- 
cius Hills,  for  pardon,  was  taken  up  and  on  motion  of  Mr-  Roberts,  or- 
dered to  be  dismissed.  The  petitions  of  Amos  Kimball,  R.  T.  Hatha- 
way and  John  Hunt,  for  pardon,  were  severally  taken  up  and  on  motion 
ordered  to  be  dismissed.  The  petitions  of  James  Harvey  and  Allen 
Howard  for  pardon,  were  taken  up  and  on  motion  of  Mr  Wetmore, 
ordered  to  be  dismissed.  The  petition  of  William  Gary,  for  par- 
don was  taken  up  and  on  motion  of  Mr-  Dana  of  C.  ordered  to  be  dis- 
missed. The  petition  of  Thomas  Gilbert  for  pardon,  was  taken  up  and 
on  motion  of  Mr-  Dana  of  O.  ordered  to  be  dismissed.  The  petition  of 
Jacob  B.  Gage,  for  pardon,  was  taken  up  and  on  motion  of  M>  Dana  of 
C.  ordered  to  be  dismissed.  The  petitions  of  Isaac  D.  Frost  and  Wil- 
liam Freeman,  for  pardon,  were  severally  taken  up  and  on  motion  of 
the  Lieut.  Governor,  ordered  to  be  dismissed.  The  petition  of  Joseph 
Fayal,  for  pardon,  was  taken  up  and  on  motion  of  Mr-  Wetmore,  ordered 
to  be  dismissed.  The  petitions  of  David  Fowler,  Leonard  Corless,  James 
Bennett,  and  Jonathan  Bidwell,  for  pardon,  were  severally  taken  up 
and  on  motion  of  the  Lieut.  Governor,  ordered  to  be  dismissed.  The 
petitions  of  Perkins  Downing  and  Jeremiah  Downey,  for  pardon,  were 
severally  taken  up  and  on  motion  of  Mr  Butler,  ordered  to  be  dismissed. 
The  petitions  of  Samuel  Dolloff  and  Richard  Collins  for  pardon,  were 
severally  taken  up  and  on  motion  of  Mr-  Wetmore,  ordered  to  be  dis- 
missed. The  petition  of  J.  O.  Connells  and  Samuel  Cossett  for  pardon 
were  severally, taken  up,  and  on  motion  of  Mr  Wetmore,  ordered  to  be 
dismissed.  The  petition  of  William  E.  Bradish,  for  pardon,  was  taken 
up,  and  on  motion  of  ^ir-  Dana  of  C.  ordered  to  be  dismissed. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  15, 1824.  Resolved,  that  that  part  of 
his  Excellency's  speech  which  relates  to  the  deaf  and  dumb,  be  referred 
to  a  Committee  of  four  to  join  from  Council,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  resolution,  and  the  Lieut.  Gov- 
ernor is  appointed  from  Council. 

The  Petition  of  John  Barnes,  for  pardon,  was  taken  up,  and  the  ques- 
tion put  "  Shall  the  said  John  Barnes  be  discharged  from  confine- 
ment," which  was  determined  in  the  affirmative  by  an  unanimous  vote. 
Yeas  13.    Adjourned  to  9  Oclock  to  morrow. 


Governor  and  Council — October  1824.  113 

Saturday  October  16th- 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  His  Excel- 
lency the  Governor  was  pleased  to  appoint  Daniel  Kellogg,  Esquire, 
Sec'y  of  the  Governor  and  Council  for  the  year  ensuing  ;  and  he  was 
duly  sworn. 

The  petition  of  John  Crawford,  for  pardon,  was  taken  up,  and  the 
question  put  "  Shall  the  said  John  Crawford  be  discharged  from  confine- 
ment ?"  which  was  determined  in  the  affirmative  by  an  unanimous  vote. 
Yeas  13.  The  petition  of  Raymond  Begary,  for  pardon,  was  taken  up 
and  the  question  put  "  Shall  the  said  Raymond  Begary  be  discharged 
from  confinement?"  which  was  determined  in  the  affirmative,  by  an  unan- 
imous vote.  Yeas  13.  The  petitions  of  John  Bradley,  Daniel  Butler 
and  John  R.  Page  were  severally  taken  up  and  on  motion  of  Mr-  Butler, 
ordered  to  be  dismissed.  The  petitions  of  Nathan  Badger,  Rufus  H. 
Green,  Selah  Hickox  and  Reuben  Rollins,  for  pardon,  were  severally 
taken  up  and  on  motion  of  the  Lieut.  Governor,  ordered  to  be  dismissed. 
The  petition  of  John  Conant,  for  pardon,  was  taken  up  and  the  question 
put  "  Shall  the  said  John  Conant  be  discharged  from  confinement  ?" 
which  was  determined  in  the  affirmative — Yeas  13,  Nays  0.  The  peti- 
tion of  Edward  Francis,  for  pardon,  was  taken  up  and  on  motion  of  M> 
Langdon,  ordered  to  be  dismissed.  The  petition  of  William  Johnson 
for  pardon  was  taken  up  and  on  motion  of  Mr-  Langdon,  ordered  to  be 
dismissed.  The  petition  of  William  W.  Noble  for  pardon  was  taken  up 
and  on  motion  of  Mr-  Stanley,  ordered  to  be  dismissed.  The  petition  of 
Solomon  Wheeler  for  pardon  was  taken  up  and  on  motion  of  Mr-  Dana 
of  C.  ordered  to  be  dismissed.  The  petition  of  Horace  Wheeler  for  par- 
don was  taken  up  and  the  question  put  "  Shall  the  said  Horace  Wheeler 
be  discharged  from  confinement  ?"  which  was  determined  in  the  affirm- 
ative—yeas 13,  nays  0.  The  petition  of  Benjamin  T.  Silver  for  pardon 
was  taken  up  and  the  question  put  "  Shall  the  said  Benjamin  T.  Silver 
be  discharged  from  confinement  ?"  which  was  determined  in  the  affirm- 
ative—yeas 13,  nays  0.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.— The  Governor  and  Council  met  pursuant  to  ad- 
journment.    Adjourned  to  9  Oclock  Monday  morning.    • 


Monday  October  18, 1824.  9  Oclock  A  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit:  The  peti- 
tion of  Luther  Park  and  others,  of  Joseph  C.  Hollister  and  others,  of 
Silas  Warren  and  others,  and  the  remonstrance  of  Emery  Burfee  and 
others,  with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  Land  tax  Committee;  whereupon  resolved  to  concur  in  said  orders 
of  reference.  The  House  sent  up  the  following  for  concurrence  in  the 
reference,  to  wit:  The  petition  of  Joel  Cilley  and  others,  of  the  select- 
men of  Readsboro,  of  Daniel  H.  Rice  and  others,  of  Thomas  Fuller  and 
others,  of  Jonathan  Jenness  and  others,  of  sundry  inhabitants  of  Sutton, 
of  the  selectmen  of  Stamford,  of  Ephraim  Ladd  and  others,  with  an  or- 
der [of  the  House]  on  each,  that  the  same  be  referred  to  the  land  tax 
Committee;  whereupon  resolved  to  concur  in  said  orders  of  reference. 
The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit:  The  petition  of  Robert  Johnson  and  others,  with  an  order  of  ref- 
erence thereon,  that  the  same  be  referred  to  a  committee  of  four  to  join; 
whereupon  resolved  to  concur  in  said  order  of  reference,  and  Mr-  Holley 
is  appointed  from  Council.  The  House  sent  up  the  following  for  con- 
currence in  the  reference  to  wit:  The  petition  of  Henry  June,  with  an 

8 


114  Governor  and  Council — October  1824. 

order  of  reference  thereon,  that  the  same  be  referred  to  a  committee  of 
four  to  join;  whereupon  resolved  to  concur  in  said  order  of  reference, 
and  Mr-  Merrill  is  appointed  from  Council.  Also  u  An  act  forming  a 
new  town  out  of  the  towns  of  Bakersfield,  Belvidere  and  Coit's  Gore  in 
the  County  of  Franklin,"  with  an  order  of  the  House  thereon,  that  the 
same  be  referred  to  a  committee  of  four  to  join;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  Mr-  Butler  was  appointed  from 
Council. 

The  petition  of  Theodore  Staple  for  pardon  was  taken  up  and  the 
question  put  "Shall  the  said  Theodore  Staple  be  discharged  from  confine- 
ment ?"  which  was  determined  in  the  affirmative — yeas  12,  nays  1 — all 
voting  in  the  affirmative  except  Mr:  Butler,. who  voted  in  the  negative. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit:  The  petition  of  Thomas  Nooney,  of  Samuel  Parker  and  others,  of 
Sylvester  Burke  and  others,  and  of  Abijah  Wright,  with  an  order  of  the 
House  on  each,  that  the  same  be  referred  to  the  Committee  of  ways  and 
means;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  petition  of  Meriner  Floyd  for  pardon  was  taken  up  and  on  motion 
of  Mr-  Dana  of  O.  ordered  to  be  dismissed.  The  petition  of  Jeremiah 
McGee  for  pardon  was  taken  up  and  on  motion  of  Mr  Wetmore  ordered 
to  be  dismissed.  The  petition  of  James  Jourman  for  pardon  was  taken 
up  and  the  question  put  "Shall  the  said  James  Jourman  be  discharged 
from  confinement?"  which  was  determined  in  the  affirmative  —  yeas  13, 
nays  0.  The  petition  of  Chauncey  Beach  for  pardon  was  taken  up  and 
the  question  put  "Shall  the  said  Chauncey  Beach  be  discharged  from 
confinement?"  which  was  determined  in  the  affirmative  —  yeas  11,  nays 
2.  Those  who  voted  in  the  affirmative  are  the  Lieut.  Governor,  Messrs. 
Berry,  Chittenden,  Dana  of  O.  Dana  of  C.  Holley,  Langdon,  Merrill, 
Proctor,  Stanley  and  Wetmore.  Those  who  voted  in  the  negative  are 
Messrs.  Butler  and  Koberts.  The  petition  of  Stewart  Chellis,  for  par- 
don, was  taken  up  and  the  question  put  "Shall  the  said  Stewart  Chellis 
be  discharged  from  confinement?"  which  was  determined  in  the  affirma- 
tive— yeas  13.  The  petition  of  James  Convers  for  pardon  was  taken  up 
and  on  motion  of  Mr-  Langdon,  ordered  to  be  dismissed.  The  petition 
of  John  Clark,  for  pardon,  was  taken  up  and  the  question  put  "Shall  the 
said  John  Clark  be  discharged  from  confinement  ? "  which  was  deter- 
mined in  the  affirmative — yeas  13.  The  petition  of  Samuel  Elder,  for 
pardon,  was  taken  up  and  the  question  put  ''Shall  the  said  Samuel  Elder 
be  discharged  from  confinement?"  which  was  determined  in  the  affirm- 
ative—  years  13.  The  petition  of  William  B.  Herrick  and  Thomas 
Williams  for  pardon  were  taken  up  severally  and'  on  motion  ordered  to 
be  dismissed. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit:  The  report  of  Delegates  from  Windham  County,  and  the  petition 
of  Ephraim  Robinson,  with  an  order  on  each  that  the  same  be  referred 
to  the  General  Committee;  whereupon  resolved  to  concur  in  said  orders 
of  reference.  The  House  sent  up  the  following  for  concurrence  in  the 
reference  to  wit:  The  petition  of  the  selectmen  of  Thetford,  of  Asa 
Dodge  Junr->  of  Calvin  Robinson  and  William  Trumbull,  of  Lewis  Keeler, 
of  Solomon  Downer,  of  Lemuel  Cobleigh,  of  Lucius  Doolittle  and  Samuel 
Ripley,  of  Zerah  B.  Thomas,  of  D.  G.  Foster  and  others,  of  Jonas  Whit- 
ney Junr»  and  the  account  of  Paul  Chase,  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.  The  House  sent  up  the 
following  for  concurrence  in  the  reference  to  wit :  "  An  act  directing 
the  Treasurer  to  pay  Joseph  S.  Jennison,  Charles  Jennison  and  JSTahum 
Jennison  the  sum  therein  named,"  with  an  order  of  the  House  thereon 


Governor  and  Council — October  1824.  115 

that  the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  The  House  sent  up  the  fol- 
lowing for  concurrence  in  the  reference  to  wit :  The  petition  of  Am- 
brose L.  Brown  and  others,  of  Edward  Woodruff  and  others,  of  Ryland 
Fletcher  and  others,  of  Abial  Stodard  and  others,  of  Frederick  Ambler 
and  others,  of  James  Noble  and  others,  of  David  R.  Campbell  and  oth- 
ers, of  Josiah  Jaquith  and  others,  and  the  Remonstrance  of  Calvin 
Brown  and  others,  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  Military  Committee  ;  whereupon  resolved  to  concur 
in  said  orders  of  reference. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit :  the  petition  of  Parker  Noyes,  of  Christopher  Stem,  of  the  baptist 
Church  in  Brandon,  of  Cyrenius  M.  Fuller  &  Asa  Briggs,  "  An  act  in 
addition  to  the  several  acts  denning  the  powers  of  Justices  of  the  peace 
within  this  state,1'  and  "an  act  relating  to  absconding  debtors,"  with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary 
Committee  ;  whereupon  Resolved  to  concur  in  said  orders  of  reference. 
The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit :  The  petition  of  Martin  Snow  and  others,  of  Robert  W.  Field  and 
others  and  of  Mosely  W.  Hall  and  others,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  Turnpike  Committee  ;  where- 
upon resolved  to  concur  in  the  said  orders  of  reference.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit  :  the  peti- 
tion of  Lyman  Mattison,  and  of  Samuel  Cleveland  and  Samuel  Cleve- 
land Jr.,  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  the  Committee  of  Ways  and  Means  ;  whereupon  Resolved  to  concur 
in  said  orders  of  reference.  The  House  sent  up  the  following  for  con- 
currence in  the  reference  to  wit :  "  An  act  annexing  a  part  of  the  town 
of  Bristol  in  the  County  of  Addison  to  the  town  of  Lincoln,"  and  the 
petition  of  Ambrose  Churchill  and  others,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  committee  raised  on  the  peti- 
tion of  Robert  Johnson,  whereupon  Resolved  to  concur  in  said  orders  of 
reference.  The  House  sent  up  the  following  for  concurrence  in  the 
reference  to  wit :  The  petition  of  Josiah  Burton  and  others,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  committee  of 
four  to  join  ;  whereupon  resolved  to  concur  in  said  order  of  reference, 
and  Mr-  Berry  was  appointed  from  Council.  Also  "  An  act  in  addition 
to  and  explanatory  of  an  act  annexing  a  part  of  Avery's  Gore  and  a  part 
of  Athens  to  Grafton,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  four  to  join  ;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  Mr-  Roberts  is  appointed  from 
Council.  Also  the  petition  of  William  Daulby  and  Edward  Gregson, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  com- 
mittee of  three  to  join  ;  whereupon  resolved  to  concur  in  said  order  of 
reference  and  Mr-  Langdon  is  appointed  from  Council.  Also  the  peti- 
tion of  Elisha  Boardman,  with  an  order  of  the  House  thereon,  that  the 
same  be  referred  to  a  select  committee  of  six  to  join;  whereupon  resolved 
to  concur  in  said  order  of  reference.  Also  the  petition  of  Wallis  Mott 
and  others,  of  Oren  Dickinson,  of  Eli  Allen,  of  Asahel  Barns,  and  "an 
act  granting  a  ferry  to  Daniel  Wilcox,"  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  committee  raised  on  the  petition  of 
Elisha  Boardman  ;  whereupon  resolved  to  concur  in  said  orders  of  ref- 
erence. Also  the  petition  of  Elisha  Tucker  and  others,  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  the  committee  raised 
on  the  bill  entitled  "An  act  forming  a  new  town  out  of  the  towns  of 
Bakersfield,  Belvidere  and  Coit's  Gore  in  the  County  of  Franklin  ; " 
whereupon  resolved  to  concur  in  said  order  of  reference.     Also  the  Re- 


116  Governor  and  Council — October  1824. 

port  of  George  P.  Marsh  Esq.  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  raised  on  that  part  of  his  Excel- 
lency's speech  which  relates  to  the  deaf  and  dumb;  whereupon  Resolved 
to  Concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"  In  General  Assembly  October  16  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  Houses  meet  in  County  Conven- 
tions on  tuesday  next  at  four  Oclock  P.  M.  for  the  purpose  of  making 
nominations  of  County  officers  ;  and  that  they  meet  in  Joint  Committee, 
in  the  representatives'  room,  at  the  opening  of  the  House  on  Wednes- 
day morning  next,  for  the  purpose  of  electing  said  officers,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  resolution  and  the 
Sec'y  was  ordered  to  inform  the  House  accordingly.  The  House  sent 
up  the  following  resolution  for  concurrence  to  wit,  "In  General  Assem- 
bly October  16,  1824.  Resolved  that  a  Committee  of  four  members  be 
appointed  from  this  House,  to  join  such  Committee  as  the  Governor 
and  Council  may  appoint,  to  take  into  consideration  that  part  of  the 
Governor's  Speech  which  relates  to  the  appointment  of  Presidential 
electors  ;  and  report  by  bill  or  otherwise,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution,  and  Mr  Langdon  was  ap- 
pointed from  Council.  The  House  sent  up  the  following  resolution  for 
concurrence  to  wit,  "In  General  Assembly  October  14, 1824.  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  choice  of  electors 
of  President  and  Vice  President  of  the  United  States,  ought  to  be  given 
to  the  people,  and  that  this  state  be  districted  for  that  purpose,"  which 
was  by  the  House  referred  to  the  committee  raised  on  the  resolution  of 
Mr-  Olin  of  the  16th  instant ;  whereupon  resolved  to  concur  in  said  order 
of  reference. 

A  written  message  was  received  from  the  House  informing  the  Gov- 
ernor and  Council,  that  agreeably  to  the  rules  of  the  House  they  have 
appointed  the  following  Standing  Committees,  in  which  they  desire  the 
Governor  and  Council  to  join,  to  wit— A  Committee  of  4  denominated 
the  Committee  of  Ways  and  Means — A  Committee  of  4  denominated  the 
Military  Committee — A  Committee  of  4  denominated  the  Judiciary 
Committee — A  Committee  of  4  denominated  the  Committee  of  Claims — 
A  Committee  of  4  denominated  the  Turnpike  Committee — A  Committee 
of  4  denominated  the  Committee  of  Insolvency — A  Committee  of  4  de- 
nominated the  Committee  of  manufactures — A  Committee  of  4  denomi- 
nated the  Committee  of  agriculture — A  Committee  of  4  denominated  the 
Land  tax  Committee— A  Committee  of  4  denominated  the  Committee  of 
New  Trials — A  Committee  of  13  denominated  the  General  Committee — 
A  Committee  of  4  denominated  the  Committee  on  education — where- 
upon Resolved  to  join  in  the  appointment  of  said  Committees,  and  Mr- 
Butler  was  appointed  on  the  Committee  of  Ways  and  Means — Mr-  Holley 
was  appointed  on  the  Military  Committee — Mr  Wetmore  was  appointed 
on  the  Judiciary  Committee — the  Lieut.  Governor  was  appointed  on  the 
Committee  of  Claims— Mr-  Roberts  was  appointed  on  the  Turnpike  Com- 
mittee— Mr-  Dana  of  C.  was  appointed  on  the  Committee  of  Insolvency 
— Mr-  Proctor  was  appointed  on  the  Committee  of  Manufactures — Mr- 
Chittenden  was  appointed  on  the  Committee  of  agriculture — Mr-  Berry 
was  appointed  on  the  Land  tax  Committee— Mr-  Langdon  was  appointed 
on  the  Committee  of  New  Trials — Mr-  Dana  of  O.  was  appointed  on  the 
General  Committee — Mr-  Merrill  was  appointed  on  the  Committee  on 
Education.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment.   The  petition  of  Harvey  Metcalf,  for  pardon,  was  taken  up 


Governor  and  Council — October  1824.  117 

and  the  question  put  "Shall  the  said  Harvey  Metcalf  be  discharged  from 
confinement?"  which  was  determined  in  the  affirmative,  upon  condition 
that  the  said  Harvey  Metcalf  should  leave  this  state  within  twenty 
days  and  not  return  within  the  same.  The  petition  of  Peter  ST. 
Quackinbush,  for  pardon,  was  taken  up  and  on  motion,  ordered  to  be 
dismissed.  The  petition  of  Jacob  Spencer,  for  pardon,  was  called  up 
and  on  motion  ordered  to  lie  upon  the  table.  Adjourned  to  9  Oclock  to 
morrow. 


Tuesday  October  19, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment. 

The  Lieut.  Governor,  on  motion,  was  excused  from  serving  on  the' 
Committee  raised  upon  that  part  of  the  Governor's  speech  which  relates 
to  the  deaf  and  dumb  ;  and  Mr-  Wetmore  was  appointed. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit :  The  petition  of  Harvey  Burton  and  others,  of  Willard  Carryl 
and  others,  of  Otis  Morton  and  others,  with  an  order  of  the  House  on 
each,  that  the  same  be  referred  to  the  Committee  of  Ways  and  Means  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  Octr-  18,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  houses  meet  in  the  representatives' 
room,  on  thursday  next  at  10  Oclock  A.  M.  for  the  purpose  of  electing 
Judges  of  the  Supreme  Court,  for  the  year  ensuing — Also  an  Auditor  of 
Accounts  against  this  State."  Which  was  read,  whereupon  resolved  to 
concur  in  passing  this  resolution  and  the  Sec'y  was  ordered  to  inform 
the  House  rccordingly. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit: 
"In  General  Assembly  Octr-  18,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  houses,  in  their  respective  rooms, 
proceed  at  2  Oclock  in  the  afternoon,  on  thursday  next,  to  elect  a  Sena- 
tor for  this  State,  to  represent  the  State  of  Vermont  in  the  Senate  of  the 
United  States  for  the  term  of  six  years,  to  commence  from  and  after  the 
third  day  of  March  next,  and  that  both  Houses  meet  immediately  there- 
after, in  the  representatives'  room,  to  complete  the  said  election,  accord- 
ing to  law" — which  was  read;  whereupon  Resolved  to  concur  in  passing 
this  resolution,  and  the  Sec'y  was  ordered  to  inform  the  House  of  the 
same. 

Mr-  Holley  moved  to  reconsider  the  vote  dismissing  the  petition  of 
Willliam  E.  Bradish,  for  pardon,  whereupon  resolved  to  reconsider  said 
vote,  and  thereupon  the  question  was  put  "Shall  the  said  William  E. 
Bradish  be  discharged  from  confinement?"  which  was  determined  in 
ihe  affirmative — yeas  7,  nays  6.  Those  who  voted  in  the  affirmative  are, 
the  Lieut.  Governor,  Messrs.  Berry,  Holley,  Merrill,  Proctor,  Stanley 
and  Wetmore.  Those  who  voted  in  the  negative  are  Messrs.  Butler, 
Chittenden,  Dana  of  O.  Dana  of  C.  Langdon  and  Roberts.  The  petition 
of  Charles  K.  Parkhurst,  for  pardon,  was  taken  up  and  on  motion  of  Mr- 
Stanley,  ordered  to  be  dismissed. 

The  House  sent  up  the  following  for  concurrence  to  wit,  The  petition 
of  John  Meacham  and  others,  of  Henry  Hodges  and  others,  of  Eliakim 
H.  Johnson,  of  William  -Fay  and  others,  of  Oel  Billings  and  others,  of 
Gardner  Converse  and  others,  of  William  Jarvis  and  others,  of  Villa 
[Ville]  Lawrence  aud  others,  of  Lyman  Patchin  and  others,  of  Xoadiah 
Swift  and  others,  of  Joseph  Hough  and  others,  of  Henry  Robinson  and 
others,  of  Leonard  Sims,  of  Catherine  Jones,  of  Thomas  Guyer,  of  Omri 
Dodge,  of  Jesse  Goodno,  of  the  selectmen  of  St.  George,  the  account 


118  Governor  and  Council — October  1824. 

current  from  the  state  prison,  and  the  report  of  the  Warden  of  the  state 
prison,  with  an  order  of  the  House  thereon,  that  the  same  be  referred  to 
the  Committee  of  Ways  and  Means  ;  whereupon  resolved  to  concur  in 
said  orders  of  reference. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to  wit, 
The  petition  of  Walter  Wright  and  others,  of  Adin  H.  Green  and  others, 
of  Calvin  Joyslin  and  others,  of  Isaiah  Eaton  and  others,  with  an  order 
of  the  House  on  each,  that  the  same  be  referred  to  the  Military  Commit- 
tee; whereupon  resolved  to  concur  in  said  orders  of  reference.  The 
House  sent  up  the  following  for  concurrence  in  the  reference  to  wit: 
The  petition  of  Amos  W.  Barnum  and  others,  of  Abraham  Blake  and 
others,  and  the  remonstrance  of  Patience  Burroughs  and  others,  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. 
The  House  sent  up  the  following  for  concurrence  in  the  reference,  to 
wit:  "  An  act  for  the  relief  of  Leonard  Deming,"  with  an  order  of  the 
House  thereon,  that  the  same  be  referred  to  the  Committee  of  New 
Trials;  whereupon  resolved  to  concur  in  said  order  of  reference. 

On  motion,  his  Honor  the  Lieut.  Governor  was  .excused  from  serving 
on  the  Committee  of  Claims,  during  the  hearing  of  the  petition  of  Dan- 
iel Tufts  and  Benjamin  B.  Sargent,  and  Mr-  Merrill  was  appointed  to 
serve  on  said  Committee  during  the  hearing  of  said  petitions. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  Daniel  Tufts,  of  Benjamin  B.  Sargent,  of  John  Kil- 
burne  and  others,  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.  The  House  sent  up  the  petition  of  Ebenezer 
Darling  and  others,  and  of  Otis  Lelaud  and  others,  with  an  order  of  the 
Hou«e  on  each,  that  the  same  be  referred  to  the  Land  tax  Committee; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit,  The  petition 
of  Noah  Peck  and  others,  of  Joseph  Collins  and  others,  of  the  selectmen  of 
Concord,  of  Simon  Haven  and  others,  with  an  order  of  the  House  on  each, 
that  the  same  be  referred  to  the  committee  raised  on  the  bill  entitled  "An 
act  forming  a  new  town  out  of  the  towns  of  Bakersfield,  Belvidere  and 
Coit's  Gore  in  the  County  of  Franklin;"  whereupon  resolved  to  concur  in 
said  orders  of  reference.  The  House  sent  up  the  following  for  concur- 
rence in  the  reference  to  wit,  The  petition  of  Abel  Darby,  and  a  bill  enti- 
tled "  An  act  in  addition  to  an  act  ascertaining  the  principles  on  which 
the  list  of  this  state  shall  be  made,  and  directing  listers  in  their  office 
and  duty,"  with  an  order  of  the  House  on  each,  that  the  same  be  refer- 
red to  the  General  Committee;  whereupon  resolved  to  concur  in  said 
orders  of  reference.  The  House  sent  up  for  concurrence  in  the  refer- 
ence the  Petition  of  Cloe  Clark,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  committee  raised  on  the  petition  of  David 
Tucker  and  others;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. The  House  sent  up  for  concurrence  in  the  reference  the  peti- 
tion of  Calista  Smith,  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.  Also  the  petition  of  Betsey  Green,  with  an 
order  of  the  House  thereon,  that  the  same  be  referred  to  a  Committee  of 
two  to  join;  whereupon  resolved  to  concur  in  said  order  of  reference — 
and  Mr-  Berry  is  appointed  from  Council.  Also  the  petition  of  Timothy 
Goodrich  and  others,  with  an  order  of  the  House  thereon,  that  the- 
same  be  referred  to  a  committee  of  three  to  join;  whereupon  resolved  to 
concur  in  said  order  of  reference,  and  Mr-  Langdon  is  appointed  from 
Council.     Also  the  petition  of  Calvin  Edwards  and  others,  with  an  or- 


Governor  and  Council — October  1824.  119 

der  of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  4 
to  join;  whereupon  resolved  to  concur  in  said  order  of  reference,  and 
Mr-  Stanley  is  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
uIn  General  Assembly  October  15,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  so  amending  the  Judiciary  System,  in 
this  State,  as  to  give  to  the  Supreme  Court  original  and  exclusive  juris- 
diction of  all  causes  civil  and  criminal,  not  cognizable  by  a  Justice  of 
the  peace,  and  to  provide  for  taking  appeals  from  Justices  of  the  peace 
to  the  Supreme  Court."  Which  was  read,  whereupon  resolved  to  con- 
cur in  passing  this  resolution.  The  House  sent  up  the  following  resolu- 
tion for  concurrence  to  wit,  "  In  General  Assembly  October  18,  1824. 
Resolved  that  that  part  of  his  Excellency's  Speech,  relating  to  the  sup- 
port of  schools,  be  referred  to  the  literary  committee,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  October  18,  1824.  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  Judiciary  Committee  be  instructed  to  inquire 
into  the  provisions  of  an  act  entitled  "An  act  reducing  into  one  the  sev- 
eral acts  for  laying  out,  making,  repairing  and  clearing  highways,"  and 
report  such  alterations  therein  as  they  may  deem  expedient."  Which 
was  read;  whereupon  resolved  to  concur  in  passing  this  resolution. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment.   Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday  October  20, 1824.  9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  October  19,  1824.  Resolved,  that  the  General  Committee  be 
instructed  to  inquire  into  the  expediency  of  fixing  a  time  for  holding  the 
Supreme  Court  in  the  County  of  Grand  Isle,  and  report  by  bill  or  other- 
wise." Which  was  read;  whereupon  resolved  to  concur  in  passing  this 
resolution.  The  House  sent  up  the  following  resolution  for  concurrence 
to  wit,  "  In  General  Assembly  October  19,  1824.  Resolved,  that  the 
General  Committee  be  directed  to  inquire  whether  any  and  what  alter- 
ations ought  to  be  made  in  the  times  of  holding  the  terms  of  the  Su- 
preme and  County  Courts  in  the  several  Counties  in  this  [State,]  and 
that  they  report  by  bill  or  otherwise."  Which  was  read;  whereupon 
resolved  to  concur  in  passing  this  resolution.  The  House  sent  [up]  the 
following  resolution  for  concurrence  to  wit,  uIn  General  Assembly  Octr- 
18,  1824.  Resolved,  the  Governor  and  Council  concurring  herein,  that 
there  be  a  committee  appointed,  of  four  members  from  this  House  to 
join  from  Council,  to  take  into  consideration  the  propriety  of  proposing 
an  amendment  to  the  Constitution  of  the  United  States,  providing  for  a 
uniform  system  of  electing  electors  of  President  and  Vice  President 
and  members  of  Congress,  throughout  the  United  States,  and  make  re- 
port to  this  House."  Which  was  read;  whereupon  resolved  to  concur 
in  passing  this  resolution,  and  Mr-  Butler  was  appointed  from  Council. 
The  House  sent  up  the  following  for  concurrence  to  wit,  "  In  General 
Assembly  October  19,  1824.  Resolved,  the  Governor  and  Council 
concurring  herein,  that  that  part  of  his  Excellency's  Speech,  which  re- 
lates to  the  imprisonment  of  the  body  on  civil  debt  or  contract,  be  re- 
ferred to  the  General  Committee,  with  instructions  [to  report]  by  bill  or 


120  Governor  and  Council — October  1824. 

otherwise,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit  —  "  An  act  establishing  a  turnpike  corporation  by  the  name  of  the 
Strafford  turnpike  Company"  —  Also  a  bill  entitled  u  An  act  in  addition 
to  an  act  establishing  a  corporation  by  the  name  of  the  Windham  turn- 
pike Company" — Also  the  petition  of  John  Johnson  and  others,  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. 
The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  "  An  act  annexing  the  County  of  Essex  to  the  County  of  Caledo- 
nia"—  Also  the  petition  of  Jonas  Allen  and  others,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  committee  raised  .on  the 
bill  entitled  "  an  act  forming  a  new  town  out  of  the  towns  of  Bakers- 
field,  Belvidere  and  Coit's  Gore  in  the  County  of  Franklin,"  whereupon 
resolved  to  concur  in  said  orders  of  reference.  The  House  sent  up  the 
following  for  concurrence  in  the  reference  to  wit,  The  petition  of  the 
first  Company  of  Infantry  and  other  inhabitants  of  Randolph,  of  John 
Orcutt,  of  Jesse  Williams  and  others,  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Military  Committee  ;  whereupon 
resolved  to  concur  in  said  orders  of  reference.  The  House  sent  up  the 
following  for  concurrence  in  the  reference  to  wit,  The  petition  of  Jona- 
than Blinn  and  others,  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  a  Committee  of  4  to  join  ;  whereupon  resolved  to  concur 
in  said  order  of  reference.  Also  the  petition  of  Samuel  Strong  and 
others,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  select  committee  of  four  to  join;  whereupon  resolved  to  concur  in  said 
order  of  reference,  and  Mr-  Roberts  is  appointed  from  Council.  Also 
the  petition  of  the  inhabitants  of  Shrewsbury,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  three  to 
join  ;  whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr- 
Langdon  is  appointed  from  Council.  Also  the  petition  of  Joseph  Sholes 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  Com- 
mittee of  4  to  join  ;  whereupon  resolved  to  concur  in  said  order  of 
reference,  and  Mr-  Langdon  is  appointed  from  Council.  Also  the  peti- 
tion of  Adam  Duncan  and  others,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  a  committee  of  5  to  join  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference,  and  the  Lieut.  Governor  is 
appointed  from  Council.  Also  the  petition  of  the  Trustees  of  Concord 
Academy,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  [a]  committee  of  two  to  join  ;  whereupon  resolved  to  concur  in 
said  order  of  reference,  and  Mr-  Merrill  is  appointed  from  Council.  Also 
the  petition  of  David  Tucker,  with  an  order  of  the  House  thereon,  that 
the  same  be  referred  to  a  committee  of  three  to  join  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference  and  Mr  Proctor  is  appointed 
from  Council.  Also  the  petition  of  Ephraim  Blake  and  Noyes  Hopkin- 
son,  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.  Also  the  petition  of  Mary  Goulett,  with  an  order  of  the 
House  thereon,  that  the  same  be  referred  to  the  Committee  of  Ways  and 
Means  ;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
the  petition  of  Asa  Tenney  and  others  with  an  order  of  the  House 
thereon,  that  the  same  be  referred  to  the  Committee  raised  on  the  peti- 
tion of  Samuel  Strong  and  others,  whereupon  resolved  to  concur  in  said 
order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  19, 1824.     Resolved,  the  Governor  and 


Governor  and  Council — October  1824.  121 

Council  concurring  herein,  that  the  Committee  on  education  be  in- 
structed to  inquire  into  the  expediency  of  providing  by  law  that  persons 
who  have  property  in  different  School  Districts,  in  the  same  town,  may, 
at  their  request,  have  their  school  taxes  assessed  and  paid  in  the  Dis- 
tricts in  which  such  property  is  situate,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution.  The  House  sent  up  the 
following  resolution  for  concurrence  to  wit,  "In  General  Assembly  Octr- 
19, 1824.  Resolved,  the  Governor  and  Council  concurring  herein,  that 
the  Committee  on  education  be  instructed  to  enquire  into  the  expedi- 
ency of  providing  by  law  for  the  towns  in  this  state  to  raise  the  money 
upon  the  Grand  list  for  the  support  of  Schools,  and  that  each  District 
draw  the  money  from  the  town  treasury,  in  proportion  to  the  number 
of  its  scholars,"  which  was  read  ;  whereupon  resolved  to  concur  in  pass- 
ing this  resolution. 

The  petitions  of  Russell  Jepherson,  of  Josiah  Simms,  and  of  William 
Lee,  for  pardon,  were  taken  up  and  on  motion,  ordered  to  be  dismissed. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit  —  "  An  act  to  encourage  manufactures,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  Manufactures  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  the  peti- 
tion of  Noyes  Hopkinson,  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.  Also  the  petition  of  Calvin  Fletcher 
and  others,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  committee  raised  on  the  petition  of  Elisha  Boardman;  whereupon 
resolved  to  concur  in  said  order  of  reference. 

The  Governor  and  Council  attended  in  the  Representatives'  room, 
agreeably  to  a  joint  resolution  to  make  appointments  of  County  officers, 
after  which  they  returned  to  their  Chamber.  Adjourned  to  2  Oclock 
P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Mr-  Wetmore  introduced  the  following  resolution  to  wit— 
"  In  Council  October  20,  1824.  Resolved  that  the  Sec'^  be  authorised  to 
procure  three  additional  sett  of  copies  of  the  Journals  of  the  House  of 
representatives,  and  of  the  laws  of  this  state,  and  procure  them  bound 
for  the  use  of  the  Council ;"  which  was  read  and  adopted  and  became  the 
resolution  of  the  Governor  and  Council.  Adjourned  to  9  Oclock  to 
morrow. 


Thursday  October  21, 1824.  9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  The 
House  sent  up  the  following  for  concurrence  in  the  reference  to  wit, 
The  petition  of  Josiah  Burton  and  others,  with  an  order  of  the  House 
thereon,  that  the  same  be  referred  to  the  Committee  of  Ways  and  Means; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "  An 
act  amending  an  act  laying  a  tax  on  the  town  of  Plymouth,"  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. 
Also  the  Remonstrance  of  Jeremiah  McDonald  and  others,  of  Thomas 
Taylor  and  others,  and  the  petition  of  Micajah  Ingham  and  others,  with  an 
order  of  the  House  on  each,  that  the  same  be  referred  to  the  Land  tax 
Committee;  whereupon  resolved  to  concur  in  said  orders  of  reference. 
Also  the  petition  of  sundry  inhabitants  of  Chittenden  County,  with  an 
order  of  the  House  thereon,  that  the  same  be  referred  to  the  committee 


122  Qovernor  and  Council — October  1824. 

raised  on  that  part  of  the  Governor's  Speech  which  relates  to  imprison- 
ment for  debt;  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  Governor  and  Council  attended  in  the  Representatives'  ropm, 
agreeably  to  a  joint  resolution  to  elect  Judges  of  the  Supreme  Court  and 
an  Auditor  of  Accounts  against  this  State,  after  which  they  returned  to 
their  Chamber.1 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  Ira  Stewart  and  others,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  raised  on  the  peti- 
tion of  Samuel  Strong  and.  others  ;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  "An  act  incorporating  and  establishing  a 
County  Grammar  School  in  Chelsea  in  the  County  of  Orange  by  the 
name  of  Chelsea  Academy,"  with  an  order  of  reference  thereon  that  the 
same  be  referred  to  a  committee  consisting  of  the  members  of  Orange 
County  to  join;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Dana  of  O.  is  appointed  from  Council.  Also  the  petition  of  Asaph 
French  and  others,  with  an  order  of  the  House  thereon,  that  the  same 
be  referred  to  the  committee  raised  on  the  petition  of  Elisha  A.  Fowler 
and  others  ;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  the  Communication  of  his  Excellency  the  Governor,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  committee  raised 
on  that  part  of  the  Governor's  Speech  which  relates  to  the  deaf  and 
dumb  ;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"An  act  establishing  a  female  Academy  in  St.  Johnsbury,"  and  the 
petition  of  the  inhabitants  of  Hinesburgh,  with  an  order  of  the  House 
on  each,  that  the  same  be  referred  to  the  Committee  on  education, 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  "  An 
act  relating  to  an  Academy  in  Essex  County,"  and  "An  act  annexing  a 
part  of  the  town  of  Pittsfield  to  the  town  of  Rochester,"  with  an  order 
of  the  House  on  each,  that  the  same  be  referred  to  the  committee  raised 
on  the  bill  forming  a  new  town  out  of  the  towns  of  Bakersfield,  Belvi- 
dere  and  Coit's  Gore  in  the  County  of  Franklin  ;  whereupon  resolved  to 
concur  in  said  order  of  reference.  Also  the  petition  of  Joseph  Foster,  of 
Daniel  Lillie,  with  an  order  of  the  House  on  each,  that  the  same  be  referred 
to  the  Judiciary  Committee;  whereupon  resolved  to  concur  in  said  orders 
of  reference.  The  House  sent  up  the  following  for  concurrence  to  wit — 
The  petition  of  Darius  Clark  and  others,  of  Edmund  Ingalls  and  others, 
and  of  Williams  Whitman  and  others,  with  an  order  of  the  House  on 
each,  that  the  same  be  referred  to  the  Committee  of  Ways  and  Means  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  The 
petition  of  William  E.  Paddock  and  others,  of  Hiram  Warner  and  oth- 
ers, and  the  Memorial  of  Gen.  Seth  Cushman,  with  an  order  of  the 
House  on  each,  that  the  same  be  referred  to  the  Military  Committee  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  the 
petitipn  of  Thomas  Todd,  a  bill  "authorising  the  Treasurer  to  pay  Jacob 
Welch  the  sum  therein  mentioned,"  the  petition  of  Elihu  De  Forest,  of 
Azariah  Webb,  of  Heman  Downey,  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. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  19, 1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  that  part  of  his  Excellency's  Speech 

1  The  elections  were  of  Hon.  Richard  Skinner,  Hon.  Charles  K.  Wil- 
liams, and  Hon.  Asa.Aikens,  Judges  of  the  Supreme  Court ;  and  David 
Pierce  Esq.  Auditor  of  Accounts. 


Governor  and  Council — October  1824:.  123 

which  relates  to  General  Lafayette  be  referred  to  a  select  Committee, 
consisting  of  a  member  from  each  County,  to  join  from  Council,"  which 
was  read,  whereupon  Resolved  to  concur  in  passing  this  resolution,  and 
his  Honor  the  Lieut.  Governor  and  Mr-  Merrill  were  appointed  from 
Council.  The  House  sent  up  the  following  resolution  for  concurrence, 
to  wit,  u  In  General  Assembly  October  20,  1824.  Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  Committee  on  education  be 
instructed  to  enquire  into  the  expediency  of  providing  by  law  that  all 
teachers  of  Common  Schools  shall  pass  an  examination  before  some  suit- 
able board,  and  have  a  certificate  of  their  qualification,  and  make  report 
Uy  bill  or  otherwise,"  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  resolution.  The  House  sent  up  the  following  resolution 
for  concurrence  to  wit,  "  In  General  Assembly  October  19,  1824.  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  a  committee 
of  four  members  from  this  house,  to  join  from  Council,  be  appointed  to 
enquire  into  the  expediency  of  dividing  the  County  of  Addison  into  two 
probate  districts,  and  report  by  bill  or  otherwise,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution,  and  Mr-  Holley 
is  appointed  from  Council.  The  House  sent  up  the  following  resolution 
for  concurrence,  to  wit,  "  In  General  Assembly  October  20,  1824. 
Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Mili- 
tary Committee  be  instructed  to  inquire  into  the  expediency  of  erecting 
an  Arsenal  at  Montpelier  for  the  purpose  of  depositing  the  arms  and  ord- 
nance stores  belonging  to  this  State,  and  that  they  have  liberty  to  report 
by  bill  or  otherwise,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  resolution.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. A  message  was  received  from  the  House  by  Mr  Haight, 
one  of  its  members,  informing  the  Governor  and  Council  that  the  House 
are  now  ready  to  proceed  to  ballot  for  a  Senator  to  represent  this  State 
in  the  Senate  of  the  United  States,  agreeably  to  the  concurrent  resolu- 
tion of  the  two  houses.  On  motion  Ordered,  that  the  Sec'?  inform  the 
House  of  representatives  that  the  Governor  and  Council  are  now  ready 
to  proceed  on  their  part  to  ballot  for  a  Senator  to  represent  this  State  in 
the  Senate  of  the  United  States,  agreeably  to  the  concurrent  resolution 
of  the  two  houses.  The  Sec'y  having  notified  the  House  of  Representa- 
tives and  returned,  the  Governor  and  Council  proceeded  to  ballot,  to 
elect  on  their  part  a  Senator  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 :  and  the  ballots  having  been  taken  and  examined,  it  ap- 
peared that  the  Hon.  Dudley  Chace  had  a  majority,  and  was  declared 
duly  elected  on  the  part  of  the  Governor  and  Council.  A  message  was 
received  from  the  House,  by  Mr  Fletcher,  one  of  its  members,  informing 
that  the  House  have  proceeded  to  ballot  for  a  Senator  on  their  part, 
agreeably  to  the  concurrent  resolution  of  both  Houses,  and  are  now 
ready  to  receive  the  Governor  and  Council  in  the  representatives'  room 
to  compare  the  proceedings  of  the  two  houses  and  to  complete  said  ap- 
pointment. On  motion,  Ordered,  that  the  Sec^  inform  the  House  that 
the  Governor  and  Council  will  immediately  attend  in  the  representa- 
tives' room  to  compare  the  proceedings  of  the  two  houses  in  relation  to 
the  election  of  Senator  and  complete  said  election.  The  Governor  and 
Council  and  House  of  Representatives  met  in  Joint  Committee  in  the 
representatives'  room  and  transacted  the  following  business  as  appears 
from  the  Journal  of  their  Clerk,  to  wit:  "In  Joint  Committee  October 
21, 1824.  Pursuant  to  a  concurrent  resolution  of  both  houses,  His  Ex- 
cellency the  Governor,  the  Council  and  the  House  of  representatives, 


124  Governor  and  Council — October  1824. 

met  in  Joint  Committee  in  the  representatives'  room,  for  the  purpose  of 
comparing  their  respective  ballots  for  a  Senator  in  Congress,  for  the 
term  of  six  years  from  and  after  the  third  day  of  March  next.  The  re- 
spective Journals  of  the  two  Houses  were  read,  and  it  appeared  that  the 
Hon.  Dudley  Chace  had  a  majority  of  the  whole  number  of  votes  in  each 
House  for  the  office  of  Senator  as  aforesaid.  Whereupon  the  said  Dud- 
ley Chace  was  declared  duly  elected  to  said  office,  of  which  proclamation 
was  duly  made.  Norman  Williams,  Clerk." 

The  Governor  and  Council  returned  to  their  Chamber.     Adjourned 
to  9  Oclock  to  morrow  morning.1 


Friday,  October  22d- 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  October  21,  1824.  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  both  Houses  meet  in  the  representatives'  room  to 
morrow  morning  at  10  Oclock  for  the  purpose  of  electing  a  Warden  and 
Superiutendant  of  the  Vermont  State  prison  for  the  year  ensuing," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  resolution 
and  the  Sec'y  was  ordered  to  inform  the  House  accordingly.  The  Gov- 
ernor and  Council  attended  in  the  representatives'  room  to  elect  a  War- 
den and  Superiutendant  of  the  Vermont  State  prison,  after  which  they 
returned  to  their  Chamber.2 

The  House  sent  up  the  following  for  concurrence  to  wit,  "A  Com- 
munication from  the  Sec'y  of  State,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  committee  raised  on  that  part  of  the 
Governor's  Speech  which  relates  to  the  deaf  and  dumb  ;  whereupon 
resolved  to  Concur  in  said  order  of  reference.  Also  the  petition  of  Ira 
Eaton  and  others,  and  of  the  Selectmen  of  Roxbury,  with  an  order  of 
the  House  on  each,  that  the  same  be  referred  to  the  Land  tax  Commit- 
tee ;  whereupon  resolved  to  Concur  in  said  orders  of  reference.  Also 
The  petition  of  Charles  Sweeney,  with  an  order  of  the  House  thereon, 
that  the  same  be  referred  to  a  select  Committee  of  4  to  join  ;  whereupon 
resolved  to  Concur  in  said  order  of  reference  and  Mr-  Langdon  is  ap- 
pointed from  Council.  Also  The  petition  of  Zacheus  Cook,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  Committee  of 
4  to  join  ;  whereupon  resolved  to  concur  in  said  order  of  reference  and 
Mr-  Dana  of  Caledonia  is  appointed  from  Council.  Also  The  petition  of 
Francis  and  Sally  Kidder  with  an  order  of  the  House  thereon  that  the 

1  On  this  occasion,  the  editor  of  these  volumes  witnessed  for  the  first 
time  an  election  of  United  States  Senator  on  the  part  of  the  General 
Assembly,  and  noticed  an  incident  which  is  worth  recording.  The 
principal,  if  not  the  only,  candidates  were  Dudley  Chase  of  Randolph, 
and  Samuel  Prentiss  of  Montpelier,  both  of  whom  were  members  of  the 
General  Assembly,  and  sat  side  by  side,  in  one  of  the  desks  for  two 
members,  during  the  election.  This  was  significant  evidence  that  the 
contest  was  a  friendly  one  on  the  part  of  the  candidates';  and  it  is  not 
unreasonable  to  suppose  that  this  incident  aided  in  the  election  of  Sen- 
ator Prentiss  in  1830,  as  the  successor  of  Senator  Chase. 

'  Jabesh  Hunter  was  elected  Warden,  and  John  H.  Cotton  Superin- 
tendent. 


G-overnor  and  Council — October  1824.  125 

same  be  referred  to  a  Committee  of  4  to  join  ;  whereupon  resolved  to 
Concur  in  said  order  of  reference,  and  M>  Berry  is  appointed  from 
Council.  Also  The  petition  of  Elisha  A.  Fowler,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  Committee  of  4  to  join; 
whereupon  resolved  to  Concur  in  said  order  of  reference  and  Mr-  Proc- 
tor is  appointed  from  Council.  Also  The  petition  of  Nathan  Niles  and 
others,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Committee  raised  on  the  petition  of  Elisha  Boardman  ;  whereupon 
resolved  to  Concur  in  said  order  of  reference.  Also  The  Remonstrance 
of  the  Selectmen  of  Bradford,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  raised  on  the  bill  entitled  uAn 
act  to  establish  a  jurisdictional  line  between  the  towns  of  Bradford, 
Fairlee  and  West  Fairlee  ;"  whereupon  resolved  to  Concur  in  said  order 
of  reference.  Also  the  petition  of  sundry  inhabitants  of  Middlesex  with 
an  order  of  the  House  thereon,  that  the  same  be  referred  to  the  Com- 
mittee raised  on  the  bill  entitled  u  An  act  forming  a  new  town  out  of 
the  towns  of  Bakersfield,  Belvidere"  &c:  whereupon  resolved  to  Concur 
in  said  order  of  reference.  Also  the  Remonstrance  of  Sundry  inhabi- 
tants of  Coits's  Gore,  with  an  order  of  the  House  thereon,  that  the  same 
be  referred  to  the  Committee  raised  on  the  bill  entitled  "An  act  forming  a 
new  town  out  of  the  towns  of  Bakersfield,"  &c. ;  whereupon  Resolved  to 
concur  in  said  order  of  Reference.  Also  the  petition  of  Russell  Loomis, 
with  an  order  of  the  House  thereon,  that  the  same  be  referred  to  the 
Committee  on  education  ;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  the  petition  of  Horace  Hollister,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Military  Committee  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "  An  act 
directing  the  Treasurer  to  pay  John  Fox  the  sum  therein  mentioned," 
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.  Also  The  petitions  of  Truman  Chittenden  and  of  James 
Steele,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Committee  of  New  trials  ;  whereupon  resolved  to  concur  in  said 
orders  of  reference.  Also  the  petition  of  the  Selectmen  of  Wells,  and 
the  Report  of  the  State  Treasurer,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  of  Ways  and  Means; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
rt  In  General  Assembly  Octr-  21,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  enquire  into  the  expediency  of  passing  a  law,  the  effect  of  which  will 
be,  that  all  pensioners,  under  the  act  of  Congress  passed  March  18,  1818, 
and  the  several  acts  supplementary  thereto,  may  lay  out  their  pension 
in  durable  property,  either  real  or  personal,  for  the  support  of  them- 
selves and  family,  and  said  property  not  to  be  subject  to  mesne  process, 
or  final  execution;  and  still  such  pensioner  be  entitled  to  all  the  privi- 
leges in  case  of  jail  delivery,  that  they  would  otherwise  have  had,  and 
report  by  bill  or  otherwise,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  resolution.  The  House  sent  up  the  following  res- 
olution for  concurrence  to  wit,  "  In  General  Assembly  October  21,  1824. 
Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Gene- 
ral Committee  be  instructed  to  take  into  consideration  the  expediency 
of  so  altering  the  laws,  that  the  Grand  List  of  this  State  shall  be  made 
up  on  property  owned  or  possessed,  on  the  first  day  of  April  annually, 
and  report  by  bill  or  otherwise,"  which  was  read;  whereupon  Resolved 
to  concur  in  passing  this  resolution.  The  House  sent  up  the  following 
resolution  for  concurrence  to  wit,  "  Resolved,  the  Governor  and  Council 


126  Governor  and  Council — October  1824. 

concurring  herein,  that  the  General  Committee  be  directed  to  inquire 
into  the  expediency  of  taxing  bank  stock,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  resolution.  Adjourned  to  2  Oclock 
P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment.    Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  October  23,  1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  October  21,  1824.  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  his  Excellency  the  Governor  be,  and  he  hereby  [is] 
authorised  to  appoint  two  Commissioners  to  meet  and  confer  with  the 
Directors  of  the  American  Asylum,  and  Commissioners  from  the  States 
of  Massachusetts,  New  Hampshire,  Maine  and  Rhode  Island,  or  of  such 
States  as  may  appoint  Commissioners  on  the  subject  of  appointing  or 
making  provision  for  the  education  of  the  deaf  and  dumb  of  this  State  at 
said  Asylum,  and  to  make  report  of  their  doings  at  the  next  session  of  the 
Legislature,"  which  was  read;  whereupon  Resolved  to  concur  in  pass- 
ing this  resolution,  and  the  Sec'r  was  ordered  to  inform  the  House  ac- 
cordingly. The  House  sent  up  the  following  resolution  for  concurrence 
to  wit,  u  In  General  Assembly  October  22,  1824.  Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  Committee  of  New  trials,  to 
whom  was  referred  the  bill  entitled  "  An  act  for  the  relief  of  Leonard 
Deming,"  be  and  are  hereby  directed  to  report  to  this  House  all  the  ma- 
terial facts  therein  referred  to  in  said  bill;  also  to  report  their  opinion 
what  the  result  of  the  cause  would  probably  have  been,  had  all  the  facts, 
now  exhibited  to  the  Committee,  been  before  the  Auditors  who  tried 
said  cause;  also  to  report  whether  said  Deming  has  any  other  remedy  to 
obtain  justice  in  said  cause,  in  case  he  has  not  obtained  it,  except  it  be 
at  this  legislature,"  which  was  read;  whereupon  Resolved  to  concur  in 
passing  this  resolution. 

The  House  sent  up  the  following  engrossed  bills  for  revision  and  con- 
currence &c.  to  wit — "  An  act  for  the  relief  of  Mary  Goulett,"  which  was 
read;  whereupon  resolved  to  concur  with  the  House  in  passing  this  bill. 
Also  the  bill  entitled  "  An  act  directing  the  Treasurer  to  pay  Paul 
Chace  the  sum  therein  mentioned,"  which  was  read;  whereupon  resolved 
to  concur  with  the  House  in  passing  this  bill.  Also  The  bill  entitled 
41  An  act  directing  the  Treasurer  to  pay  Paul  Chace  the  sum  therein  men- 
tioned," which  was  read;  whereupon  resolved  to  concur  with  the  House 
in  passing  this  bill.  [There  were  two  bills  of  the  same  title.]  Or- 
dered that  the  Sec'y  inform  the  House  of  the  passage  of  the  three  bills 
last  mentioned.  Also  The  petition  of  Gideon  Burrett,  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.  Also 
The  petition  of  the  Corporation  of  the  University  of  Vermont,  with  an 
order  of  the  House  thereon,  that  the  same  be  referred  to  a  Select  Com- 
mittee of  six  to  join;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence— and  Mr-  Merrill  is  appointed  from  Council.  Also  The  petition 
of  Samuel  Brooks  Junr-  and  others,  with  an  order  of  the  House  thereon, 
that  the  same  be  referred  to  the  Committee  of  New  trials;  whereupon 
resolved  to  concur  in  said  order  of  reference.  Also  The  petition  of  Paul 
W.  Kimpton,  with  an  order  of  the  House  thereon,  that  the  same  be  re- 
ferred to  the  Committee  of  Insolvency;  whereupon  resolved  to  concur 


Governor  and  Council — October  1824.  127 

in  said  order  of  reference.  Also  "  An  act  organizing  a  rifle  Company  at 
Benson  in  the  County  of  Rutland,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Military  Committee;  whereupon  re- 
solved to  concur  in  said  order  of  reference. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  directing  the 
mode  of  appointing  electors  of  President  and  Vice  President,"  and  on 
motion  of  Mr-  Wetmore  the  same  was  ordered  to  lye  on  the  table. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit : 
"  In  General  Assembly  October  22, 1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  General  Committee  be  directed  to 
enquire  into  the  expediency  of  authorizing  the  Judges  of  the  County 
Court  in  their  respective  Counties  to  grant  licenses  for  the  retailing  of 
foreign  distilled  Spirits  in  a  less  quantity  than  one  pint,  and  that  they 
have  leave  to  report  by  bill  or  otherwise,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  resolution.  The  House  sent  up  the 
following  resolution  for  concurrence,  to  wit :  "  In  General  Assembly 
October  22,  1824.  Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  General  Committee  be  instructed  to  inquire  into  the 
expediency  of  passing  a  law  the  effect  of  which  will  be  to  cause  all  land 
in  the  State  to  be  appraised  and  set  in  the  Grand  list  at  a  certain  per  cent, 
subject  to  taxes  of  every  description,  and  report  [by]  bill  or  otherwise," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. Received  from  the  House  the  bill  entitled  "  An  act  to  establish  a 
jurisdictional  line  between  the  towns  of  Bradford,  Fairlee  and  West 
Fairlee,"  with  an  order  of  the  House  thereon,  that  the  same  be  referred 
to  a  Select  Committee  of  4  to  join  ;  whereupon  resolved  to  concur  in 
said  order  of  reference,  and  M>  Dana  of  C.  is  appointed  from  Council. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Lieut.  Governor  and  Council  met  pursuant  to 
adjournment — the  Lieut.  Governor  in  the  chair.  Adjourned  to  Monday 
next  9  Oclock  A.  M. 


Monday  October  25, 1824.  9  Oclock  A.  M. 
The  Lieut.  Governor  and  the  Council  met  pursuant  to  adjournment — 
the  Lieut.  Governor  in  the  chair.  The  House  sent  up  the  following  reso- 
tion  for  concurrence  to  wit  :  "In  General  Assembly  Octr-  23,  1824. 
Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Judi- 
ciary Committee  be  instructed  to  enquire  into  the  expediency  of  repeal- 
ing an  act,  passed  October  21,  1823,  which  act  repeals  the  proviso  of 
the  eighth  article  of  the  first  section  of  the  law  relating  to  a  legal  settle- 
ment and  for  the  support  of  the  poor,  passed  November  4, 1817,  and 
report  by  bill  or  otherwise,"  —  which  was  read,  whereupon  resolved  to 
concur  in  passing  this  resolution.  The  House  sent  up  the  following 
resolution  for  concurrence  to  wit :  "  In  General  Assembly  October  23, 
1824.  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
General  Committee  be  instructed  to  enquire  into  the  expediency  of  re- 
pealing the  act  which  provides  for  the  sealing  of  leather  so  far  as  relates 
to  the  weighing  and  marking  thereon  the  weight  of  the  same,  and  make 
report  by  bill  or  otherwise,"  which  was  read,  whereupon  resolved  to 
concur  in  passing  this  resolution.  The  House  sent  up  the  following 
resolution  for  concurrence  to  wit  :  "In  General  Assembly  October  23, 
1824.  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
Committee  of  Ways  and  Means  be  instructed  to  report  a  bill  for  the 
compensation  of  the  Superintendant  of  the  Vermont  State  prison  for  his 


128  Governor  and  Council — October  1824. 

services  for  the  past  year,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  resolution.  The  House  sent  up  the  following 
resolution  for  concurrence  to  wit,  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  the  turnpike  Committee  be  instructed  to  enquire 
into  the  expediency  of  granting  to  the  town  of  Sharon  in  the  County  of 
Windsor  the  privilege  of  keeping  a  ferry  across  White  river  at  the  place 
where  the  County  road  from  Sharon  and  Woodstock  crosses  said  river  ; 
also  allowing  said  town  of  Sharon  a  further  time  of  two  years  to  make 
said  road,"  which  was  read;  whereupon  Resolved  to  concur  in  passing 
this  resolution.  The  House  sent  up  the  following  resolution  for  con- 
currence to  wit,  "  In  General  Assembly  October  23,  1824.  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  General  Commit- 
tee be  instructed  to  enquire  into  the  expediency  of  making  a  lumber 
law  to  wit,  on  shingles,  that  there  may  be  inspectors  of  the  same," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. The  House  sent  up  the  following  resolution  for  concurrence  to 
wit,  "  In  General  Assembly  October  23,  1824.  Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  General  Committee  be  in- 
structed to  enquire  into  the  propriety  of  passing  a  law,  to  compel  per- 
sons, who  are  going  through  the  State,  exhibiting  any  live  animal,  wax 
figures  or  natural  curiosities,  to  pay  a  license  to  the  Treasury  of  this 
State  ;  and  report  by  bill  or  otherwise,"  which  was  read,  whereupon  re- 
solved to  concur  in  passing  this  resolution.  The  House  sent  up  the 
following  resolution  for  concurrence  to  wit,  "In  General  Assembly  Oc- 
tober 23, 1824.  Resolved,  the  Governor  and  Council  concurring  herein, 
that  both  houses  meet  in  Joint  Committee  in  the  representatives'  room 
on  Wednesday  next  at  two  Oclock  P.  M.  for  the  purpose  of  electing  a 
Judge  of  the  Supreme  Court,  to  fill  the  vacancy  occasioned  by  the  resig- 
nation of  the  Hon.  Charles  K.  Williams,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution  and  the  Sec'y  was  ordered 
to  inform  the  House  accordingly. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  memorial  of  the  Corporation  of  Middlebury  College,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
on  education;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  "  An  act  to  establish  the  weight  of  corn,  rye  and  oats,"  with  an  or- 
der of  the  House  thereon,  that  the  same  be  referred  to  the  Committee  of 
Ways  and  Means;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence. Also  "  An  act  establishing  a  bank  at  Orwell,"  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  the  committee  raised  on 
the  petition  of  Samuel  Strong  and  others;  whereupon  resolved  to  con- 
cur in  said  order  of  reference.  Also  "  An  act  empowering  William 
Daulby  and  Edward  Gregson  to  hold  lands  in  this  State,"  with  an  order 
of  the  House  thereon,  that  the  same  be  referred  to  the  Judiciary  Com- 
mittee; whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"  An  act  in  addition  to  and  explanatory  of  an  act  reducing  into  one  the 
several  acts  for  laying  out,  making,  repairing  and  clearing  highways," 
with  an  order  of  the  House  thereon,  that  the  same  be  referred  to  the 
General  Committee;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  "An  act  in  addition  to  an  act  entitled  an  act  defining  what 
shall  be  deemed  and  adjudged  legal  settlement,  and  for  the  support  of 
the  poor,  for  designating  the  duties  of  the  overseers  of  the  poor  and  for 
the  punishment  of  idle  and  disorderly  [persons,]  passed  March  3d'  1797," 
with  an  order  of  the  House  thereon,  that  the  same  be  referred  to  the 
General  Committee;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  The  remonstrance  of  Mills  De  Forest,  of  Andrew  Lyman 
and  others,  with  an  order  of  the  House  on  each,  that  the  same  be  refer- 


Governor  and  Council — October  1824.  129 

red  to  the  Laud  tax  Committee;  whereupon  resolved  to  concur  in  said 
orders  of  reference.  Also  The  petition  of  the  inhabitants  of  Bridge- 
water,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Turnpike  Committee;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  "  An  act  in  addition  to  an  act  entitled  an  act  author- 
ising the* Visitors  of  the  State  prison  to  procure  a  bell,  and  for  other  pur- 
poses, passed  October  31,  1811,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  of  Ways  and  Means;  whereupon 
resolved  to  concur  in  said  order  of  reference.  Also  "  An  act  directing 
the  Treasurer  to  pay  George  P.  Marsh  the  sum  therein  mentioned." 
Also  "  An  act  directing  the  Treasurer  to  pay  Clapp  Bolls  the  sum 
therein  mentioned."  Also  "An  act  directing  the  Treasurer  to  pay 
George  S.  Ferriss  and  David  Hurlburt  Junr-  the  sum  therein  mention- 
ed," 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.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — His  Honor  the  Lieut.  Governor  and  the  Council  met 
pursuant  to  adjournment,  the  Lieut.  Governor  in  the  chair.  The  House 
sent  up  the  petition  of  George  W.  Foster  and  others,  with  an  order  of 
the  House  thereon,  that  the  same  be  referred  to  the  Military  Commit- 
tee; whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  for  revision  and  concurrence  &c.  the  bill  entitled 
"An  act  directing  the  mode  of  appointing  electors  of  President  and 
Vice  President  of  the  United  States,"  which  was  read;  whereupon  re- 
solved to  concur  with  the  House  in  passing  this  bill,  and  the  Sec'?  was 
ordered  to  inform  the  House  of  the  same. 

The  petition  of  Levi  Kimball  and  others,  praying  to  have  the  3d-  Reg- 
iment in  the  first  Brigade  and  2d-  Division  annexed  to  the  2d-  Brigade  in 
the  first  Division,  was  called  up,  read  and  on  motion  of  Mr-  Wetmore, 
committed  to  a  committee  of  two,  and  Messrs.  Roberts  and  Holley  were 
appointed.     Adjourned  to  9  Oclock  to  morrow  morning. 


Tuesday  October  26, 1824.  9  Oclock  A.  M. 
His  Honor  the  Lt.  Governor  and  the  Council  met  pursuant  to  adjourn- 
ment, the  Lieut.  Governor  in  the  chair.  The  House  sent  up  the  follow- 
ing for  concurrence  in  the  reference  to  wit,  "An  act  directing  the  Quar- 
ter Master  General  to  furnish  a  field  piece  &c.  for  the  company  of  artil- 
lery attached  to  the  3d-  Brigade  and  3d-  Division  of  the  militia,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Military 
Committee;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  "  An  act  directing  the  Treasurer  to  pay  Joshua  Y.  Vail  the  sum 
therein  mentioned."  Also  "An  act  directing  the  Treasurer  of  this  State 
to  pay  John  Kellogg  the  sum  therein  mentioned,"  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.  Also  "  An 
act  for  the  relief  of  poor  debtors,"  with  an  order  of  the  House  thereon, 
that  the  same  be  referred  to  the  Judiciary  Committee;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  The  House  sent  up  the  fol- 
lowing for  concurrence  in  the  reference  to  wit,  The  petition  of  Zebulon 
R.  Shepard,  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  Committee  on  Manufactures;  whereupon  resolved  to  concur 
in  said  order  of  reference.  Also  The  petition  of  Jeremiah  Nourse  with 
an  order  of  the  House  thereon,  that  the  same  be  referred  to  the  Com- 
mittee raised  on  the  bill  entitled  "  an  act  forming  a  new  town  out  of  the 

9 


130  Governor  and  Council — October  1824. 

towns  of  Bakersfield,  Belvidere  and  Coil's  Gore,  in  the  County  of  Frank- 
lin;" whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  25,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  repealing  the  second  section  of  an  act 
entitled  "  An  act  in  alteration  of  the  act  which  regulates  proceedings  in 
suits  against  corporations,"  passed  16.  Novr>  1821,  and  to  report  by  bill 
or  otherwise,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  resolution. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c.  to 
wit,  "An  act  in  addition  to  an  act  dividing  the  State  into  districts  for 
electing  representatives  to  the  Congress  of  the  United  States  and  directing 
the  mode  of  their  election,"  which  was  read ;  whereupon  amendments  were 
proposed  to  the  same  which  were  read  and  adopted;  whereupon  resolved 
to  concur  with  the  House  in  passing  this  bill,  with  proposed  amendments, 
and  Mr-  Wetmore  is  appointed  to  assign  the  reasons  to  the  House.  Also 
"An  act  granting  a  ferry  to  Elisha  Boardman,"  which  was  read;  where- 
upon resolved  to  concur  with  the  House  in  passing  this  bill.  Also,  "An 
act  granting  a  ferry  to  Eli  Allen,"  which  was  read;  whereupon  resolved 
to  concur  with  the  House  in  passing  this  bill.  Also  "  An.  ad  to  pre- 
serve pickerel  in  Fairlee  pond  in  the  County  of  Orange,"  which  was 
read;  whereupon  resolved  to  concur  with  the  House  in  passing  this  bill 
— ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the  three 
bills  last  mentioned. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  23,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  thursday  the  second  day  of  December 
next,  be  appointed  a  day  of  public  thanksgiving  and  praise  through- 
out this  State,"  which  was  read;  whereupon  resolved  to  concur  with  the 
House  in  passing  this  resolution.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment.    Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday  October  27, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  On  motion 
of  Mr-  Wetmore,  voted  to  reconsider  the  vote  concurring  in  the  resolu- 
tion appointing  thursday  the  2d-  day  of  December  next  as  a  day  of 
thanksgiving — and  on  motion  of  Mr-  Wetmore  the  resolution  was 
amended;  whereupon  resolved  to  concur  in  passing  this  resolution  with 
said  amendments  and  Mr-  Wetmore  is  appointed  to  assign  reasons  to  the 
House. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c.  to 
wit  "  An  act  for  compensating  the  Superintendant  of  the  Vermont  State 
prison,"  which  was  read  ;  whereupon  resolved  to  concur  with  the  House 
in  passing  this  bill.    Ordered  that  the  Sec'^  inform  the  House  accordingly. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit  —  The  Remonstrance  of  Moses  Robinson  and  others,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Land  tax  Com- 
mittee ;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
The  petition  of  Thomas  Todd  and  others,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Claims  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  The  "Act  di- 
recting the  Selectmen  of  Dorsett  to  pay  Truman  Lapish  the  sum  therein 
mentioned."     Also  The  "Act  for  the  relief  of  the  town  of  Vershire," 


Governor  and  Council — October  1824.  131 

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.  Also  •'  An  act  to  establish  a  jurisdictional  line  between 
Randolph  and  Bethel,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  raised  on  the  bill  entitled  "  An  act 
establishing  a  jurisdictional  line  between  the  towns  of  Bradford,  Fairlee 
and  West  Fairlee  "  ;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  "An  act  establishing  a  rifle  Company  in  Williamstown," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Military  Committee  ;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  "An  act  regulating  the  toll  of  one  horse  waggons  at 
the  West  river  bridges  in  Brattleboro  and  Dummerston,"  with  an  order 
of  the  House  thereon,  that  the  same  be  referred  to  the  turnpike  Com- 
mittee ;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"An  act  in  addition  to  the  several  acts  concerning  the  sealing  of 
leather,"  with  an  order  of  the  House  thereon,  that  the  same  be  referred 
to  the  General  Committee  ;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  the  House  sent  up  the  following  resolution  for  con- 
currence to  wit,  "In  General  Assembly  Octr-  26, 1824.  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  General  Committee 
be  instructed  to  enquire  into  the  expediency  of  giving  a  bounty  for  the 
destruction  of  bears  and  the  animal  called  the  Lynx,"  which  was  read  ; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  resolution. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  26, 1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  two  houses  meet  in  Joint  Committee, 
in  the  representatives'  room,  on  tuesday  the  2d-  day  of  November  next  at 
10  Oclock  A.  M.  for  the  purpose  of  electing  seven  Electors  of  President 
and  Yice  President  of  the  United  States,"  which  was  read,  whereupon 
resolved  to  concur  with  the  House  in  passing  this  resolution.  The 
House  sent  up  the  following  resolution  for  concurrence  to  wit,  "In  Gen- 
eral Assembly  October  26, 1824.  Resolved,  that  the  Military  Commit- 
tee be  instructed  to  enquire  into  the  expediency  of  passing  a  law, 
authorising  the  Brigadier  General  of  each  Brigade  in  this  State,  on  a 
recommendation  of  a  majority  of  the  field  officers  of  any  regiment  in 
such  brigade,  to  authorise  the  formation  of  such  number  of  light 
infantry  Companies  in  each  regiment  as  he  shall  think  proper,  and 
that  they  have  leave  to  report  by  bill  or  otherwise,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  resolution.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "In  General 
Assembly  Octr-  26, 1824.  Resolved,  that  the  Committee  on  education 
be  directed  to  enquire  into  the  expediency  of  granting  a  lottery  to  the 
Vermont  academy  of  medicine,  for  the  purpose  of  defraying  the  ex- 
penses of  their  building  ;  and  of  an  apparatus  and  library  for  the  benefit 
of  said  institution  ;  and  report  by  bill  or  otherwise,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  General  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  compiling  the 
several  acts  ascertaining  the  principles  on  which  the  list  of  this  State 
shall  be  made  and  directing  listers  in  their  office  and  duty  ;  and  report 
by  bill  or  otherwise,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  resolution. 

The  House  sent  up  the  following  for  revision  and  concurrence  or 
proposals  of  amendment  to  wit,  the  bill  entitled  "An  act  to  preserve  the 
fish  in  Shrewsbury  pond,"  which  being  read,  amendments  were  proposed 
to  the  same  which  were  read  and  adopted;  whereupon  resolved  to  con- 


132  Governor  and  Council — October  1824. 

cur  with  the  House  iu  passing  this  bill  with  said  proposed  amendments, 
and  Mr-  Wetmore  is  appointed  to  assign  reasons  to  the  House.  Also 
"  An  act  granting  a  ferry  to  Wallis,  John  and  Lewis  Mott,"  which  was 
read;  whereupon  resolved  to  concur  with  the  House  in  passing  this  bill. 
Also  "  An  act  appointing  a  collector  in  the  town  of  Wells,"  which  was 
read;  whereupon  resolved  to  concur  with  the  House  in  passing  this  bill. 
Also  "  An  act  altering  the  name  of  Sarah  Hopkins,"  which  was  read ; 
Whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  di- 
recting the  Treasurer  to  pay  John  Fox  the  sum  therein  mentioned," 
which  was  read;  whereupon  resolved  to  concur  with  the  House  in  pass- 
ing this  bill.  Also  "An  act  directing  the  Treasurer  to  pay  Lemuel 
Cobleigh  the  sum  therein  mentioned,"  which  was  read;  whereupon  re- 
solved to  concur  with  the  House  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  passage  of  the  five  bills  last  mentioned. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Received  from  the  House  of  Representatives  a  communica- 
tion informing  that  the  House  have  agreed  to  the  amendment  proposed 
by  the  Governor  and  Council  to  the  bill  entitled  "  An  act  in  addition  to 
an  act  dividing  the  State  into  Districts  for  electing  representatives  to 
the  Congress  of  the  United  States  and  directing  the  mode  of  their  elec- 
tion." 

The  Governor  and  Council  attended  in  the  House  of  Representatives 
to  elect  a  Judge  of  the  Supreme  Court  to  supply  the  vacancy  occasioned 
by  the  resignation  of  the  Hon.  Charles  K.  Williams,  after  which  they 
returned  to  their  Chamber.1 

The  House  sent  up  for  revision  and  concurrence  or  proposals  of 
amendment  the  bill  entitled  "  An  act  establishing  a  female  academy  in 
St.  Johnsbury,"  which  was  read,  whereup6n  resolved  to  concur  with  the 
House  in  passing  this  bill.  Ordered  that  the  Sec'?  inform  the  House  of  the 
passage  of  the  last  mentioned  bill.  Adjourned  to  9  Oclock  to  morrow 
morning. 


Thursday  October  28, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  to  wit,  The  petition  of  William 
Douglas  and  the  remonstrance  of  M.  R.  Meacham,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  Committee  raised  on  the 
petition  of  Elisha  Boardman  ;  whereupon  Resolved  to  concur  in  said 
order  of  reference.  Also  The  Remonstrance  of  Isaac  Griswold,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
raised  on  the  bill  entitled  "An  act  forming  a  new  town  out  of  the  towns 
of  Bakersfield,  Belvidere  and  Coit's  Gore  in  the  County  of  Franklin  ; " 
whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
11  In  General  Assembly  October  27,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  General  Committee  be  instructed  to 
enquire  into  the  expediency  of  providing  by  law,  that  no  retailer  of  for- 
eign distilled  spirits  shall  be  licensed,  without  having  first  obtained  the 
approbation  of  a  majority  of  the  selectmen  and  civil  authority  of  the 
town  in  which  such  retailer  is  doing  business,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  or 

'Hon.  Joel  Doolittle  was  elected. 


Governor  and  Council — October  1824.  133 

proposals  of  amendment  to  wit,  "  An  act  to  incorporate  the  President, 
Directors  and  Company  of  the  Bank  of  Rutland  "  ;  which  was  read  and 
on  motion  of  Mr-  Berry  the  same  was  referred  to  a  Committee  of  two  ; 
and  Messrs.  Berry  and  Butler  was  [were]  appointed  said  Committee. 

Mr-  Stanley  moved  to  reconsider  the  vote  dismissing  the  petition  of 
Reuben  Rollins,  and  the  question  was  put  and  decided  in  the  negative. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Mr-  Wetmore  on  motion  obtained  leave  and  introduced  a 
bill  entitled  "An  act  to  repeal  in  part  and  making  further  addition  to  an 
act  entitled  an  act  to  regulate  the  inspection  of  provisions  intended  to 
be  exported  from  this  State,  passed  October  31,  1823,"  which  was  read 
and  ordered  to  lie  on  the  table.  Adjourned  to  9  Oclock  to  morrow 
morning. 


Friday  October  29, 1824.     9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  Gov- 
ernor and  Council  attended  in  the  House  of  representatives  to  make 
further  appointments  of  County  officers,  after  which  they  returned  to 
their  Chamber. 

Benjamin  Swan,  Esquire,  Treasurer  of  this  State,  appeared  in  the 
Council  Chamber  and  presented  his  official  [bond,]  which  was  approved 
by  the  Governor  and  Council,  and  he  was  duly  qualified  by  His  Excel- 
lency the  Governor. 

The  House  sent  up  the  following  for  revision  and  concurrence  or  pro- 
posals of  amendment  to  wit,  "  An  act  for  the  relief  of  the  town  of  St. 
George,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.     Ordered  that  the  Sec'y  inform  the  House  of  the  same. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  "  An  act  to  repeal  an  act  therein  mentioned,"  which  was  read,  and 
there  was  an  order  of  the  House  upon  it,  that  the  same  be  referred  to 
the  General  Committee;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  "  An  act  to  regulate  the  driving  of  teams,"  Also  "  An 
act  in  addition  to  an  act  entitled  an  act  reducing  into  one  the  several 
acts  for  laying  out,  making,  repairing  and  clearing  highways,"  with  an 
order  of  the  House  on  each,  that  the  same  be  referred  to  the  General 
Committee;  whereupon  resolved  to  concur  in  said  orders  of  reference. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "An  act  to 
incorporate  the  President,  Directors  and  Company  of  the  Bank  of  Rut- 
land," and  the  Committee  to  whom  the  same  was  referred  reported 
amendments  which  were  read,  and  said  amendments  and  bill  were  or- 
dered to  lye  on  the  table.    Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  October  30, 1824.  9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  revision  and  concurrence  or  proposals  of 
amendment  to  wit,  "  An  act  granting  to  Asahel  Barnes  the  exclusive 
right  of  a  ferry,"  which  was  read ;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "An  act  laying  a  tax  of  two  cents  per  acre  on  the 
town  of  Stamford,"  which  was  read;  whereupon  resolved  to  concur  in 


134  Governor  and  Council — October  1824. 

passing  this  bill.  Also  "  An  act  laying  a  tax  of  three  cents  per  acre  on 
the  town  of  Readsboro,"  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "  An  act  directing  the  Treasurer  to  pay  Cal- 
vin Robinson  the  sum  therein  mentioned,"  which  was  read;  whereupon 
resolved  to  concur  iu  passing  this  bill.  Also  "An  act  directing  the 
Treasurer  of  this  State  to  pay  William  Trumbull  the  sum  therein  men- 
tioned," which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered,  that  the  Sec'y  inform  the  House  of  the  passage  of  the 
five  bills  last  mentioned. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit — "An  act  providing  for  the  appointment  of  Surveyors  of  Wood,"  and 
"  An  act  to  preserve  bridges,"  with  an  order  of  the  House  on  each,  that 
the  same  be  referred  to  the  General  Committee;  whereupon  resolved  to 
concur  in  said  orders  of  reference.  Also  "  An  act  to  preserve  the  fish 
in  the  several  waters  in  the  town  of  Brain  tree  in  the  County  of  Orange," 
with  an  order  of  the  House  thereon,  that  the  same  be  referred  to  a  Select 
Committee  of  three  to  join;  whereupon  resolved  to  concur  in  said  order 
of  reference,  and  Mr-  Dana  of  O.  is  appointed  from  Council.  Also  "  An 
act  in  addition  to  an  act  for  the  support  of  schools,"  with  an  order  of  the 
House  thereon,  that  the  same  be  referred  to  the  Committee  on  education; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "An  act 
appointing  a  Collector  in  the  town  of  Fairhaven,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Committee  of  Ways  and 
Means;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
The  petition  of  Israel  Whitney  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  raised  on  the  petition  of  Elisha 
Boardman;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  The  petition  of  sundry  inhabitants  of  Reading,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  -Turnpike  Com- 
mittee; whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  October  29,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  General  Committee  be  instructed  to 
enquire  into  the  expediency  of  making  up  the  school  tax  upon  all  polls 
and  rateable  property  in  this  State,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution.  The  House  sent  up  the  fol- 
lowing resolution  for  concurrence  to  wit,  "In  General  Assembly  Octo- 
ber 29,  1824.  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  General  Committee  be  directed  to  enquire  into  the  expediency 
of  providing  by  law,  that  all  polls  shall  be  subject  to  pay  highway  taxes; 
and  report  by  bill  or  otherwise,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  resolution.  The  House  sent  up  the  following 
resolution  for  concurrence  to  wit,  "  In  General  Assembly  October  29, 
1824.  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
Judiciary  Committee  be  instructed  to  enquire  into  the  expediency  of 
providing  by  law,  that  vendue  titles  hereafter  acquired  shall  operate 
only  as  mortgages  after  the  time  of  redemption  given  by  the  present 
laws  shall  have  expired,  or  of  giving  an  additional  period  of  five  or  ten 
years  in  which  the  owner  may  redeem  his  land,  by  paying  the  tax  and 
cost  and  twelve  or  twenty  per  cent,  interest  thereon,  and  not  at  all 
events  lose  his  land;  and  make  report  by  bill  or  otherwise,"  which  was 
read;  whereupon  Resolved  to  ^concur  in  passing  this  resolution.  The 
House  sent  up  the  following  resolution  for  concurrence  to  wit,  "In  Gen- 
eral Assembly  October  29,  1824.  Resolved,  the  Governor  and  Council 
concurring  herein,  that  both  houses  meet  in  the  representatives'  room 
on  tuesday  next  at  2  Oclock  P.  M.  for  the  purpose  of  electing  three  Di- 
rectors of  the  Vermont  State  bank;  and  also  a  person  to  preach  the  next 


Governor  and  Council — November  1824.  135 

election  sermon;  and  also  a  Surveyor  General,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  resolution. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  to  incorporate 
the  President,  Directors  and  Company  of  the  Bank  of  Rutland,"  and  the 
several  amendments  proposed — and  the  same  was  ordered  to  lye  on  the 
table. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit — "An  act  amending  the  act  concerning  paupers."  Also  "An  act  in 
addition  to  an  act  concerning  forcible  entry  and  detainer,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Judiciary 
Committee  ;  whereupon  resolved  to  concur  in  said  orders  of  reference. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "  An  act  to 
incorporate  the  President,  Directors  and  Company  of  the  Bank  of  Rut- 
land," and  after  some  debate,  the  same  was  ordered  to  lye  on  the  table. 
Adjourned  to  9  Oclock  Monday  morning  next. 


Monday  November  1, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  bills  for  revision  and  concurrence  or  proposals  of 
amendments,  to  wit.  "  An  act  incorporating  the  Norwich  fire  Com- 
pany," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  directing  the  Treasurer  of  this  State  to  credit  the 
collector  of  state  taxes  for  the  town  of  Thetford  the  sum  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  establishing  the  Marshfield  rifle  Company,"  which 
was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Ordered 
that  the  Sec'y  inform  the  House  of  the  passage  of  the  three  bills  last 
mentioned. 

Recd-  from  the  House  a  communication,  informing  that  the  House 
have  concurred  in  the  amendment  proposed  by  the  Governor  and  Coun- 
cil to  the  joint  resolution  appointing  a  day  of  thanksgiving  —  also  in  the 
amendment  proposed  by  the  Governor  and  Council  to  the  bill  entitled 
"  An  act  to  preserve  the  fish  in  Shrewsbury  pond." 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  30, 1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  iuquire  into  the  propriety  of  providing  some  measure,  by  which  the 
several  towns  in  this  state  may  prevent  paupers  gaining  a  settlement 
who  shall  remove  into  such  towns  from  without  this  State  ;  and  report 
by  bill  or  otherwise,"  which  was  read,  whereupon  resolved  to  concur  in 
passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  recommit- 
ment to  wit— A  resolution  of  the  22dult.  introduced  into  the  House  by  Mr- 
Ingham,  instructing  the  General  Committee  upon  the  subject  of  taxing 
wild  lands,  and  the  report  of  the  Committee  thereon. — Also  the  resolu- 
tion of  the  26.  ult.  introduced  into  the  House  by  Mr  Hibbard,  instruct- 
ing the  General  Committee  upon  the  subject  of  giving  bounties  for  bears 
and  Lynx  and  the  report  of  the  Committee  thereon  —  with  an  order  of 
the  House  on  each  that  the  same  be  recommitted  to  the  General  Com- 
mittee ;  whereupon  resolved  to  concur  in  said  orders  of  recommitment. 
The  House  sent  up  the  following  for  concurrence  in  the  reference  to  wit, 
The  petition  and  remonstrance  of  the  inhabitants  of  Williamstown,  with 


136  Governor  and  Council— November  1824. 

an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Military 
Committee  ;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  the  resolution  of  the  Legislature  of  the  State  of  Maine  —  the  reso- 
lution of  the  Legislature  of  the  State  of  Georgia  —  and  the  Communica- 
tion from  the  executive  of  the  State  of  Ohio,  with  an  order  of  the  House 
on  each,  that  the  same  be  referred  to  the  Committee  raised  upon  the 
resolution  of  the  18.  of  Octr-  upon  the  subject  of  proposing  amendments 
to  the  Constitution  of  the  United  States  ;  whereupon  resolved  to  concur 
in  said  order  of  reference.1  Also  "An  act  granting  a  ferry  from  Bur- 
lington across  the  lake  and  for  other  purposes,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  Select  Committee  of  three 
to  join  ;  whereupon  resolved  to  concur  in  said  order  of  reference  and 
Mr-  Chittenden  is  appointed  from  Council.  Also  The  petition  of  Asa 
Dodge  Junr-  with  an  qrder  of  the  House  thereon  that  the  same  be  re- 
committed to  the  Committee  of  Claims  ;  whereupon  resolved  to  concur 
in  said  order  of  recommitment.  Also  uAn  act  for  the  relief  of  Rich- 
ard L.  Dickerman,"  with  an  order  of  the  House  thereon,  that  the  same 
be  referred  to  a  Select  Committee  of  4  to  join  ;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  Mr-  Dana  of  C.  is  appointed  from 
Council.  Also  The  petition  of  Thomas  Mooney,  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  Committee  of 
Ways  and  Means,  whereupon  resolved  to  concur  in  said  order  of  recom- 
mitment. Also  the  Statement  by  the  Treasurer  of  the  return  of  the 
agent  of  the  Vermont  State  Bank,  with  an  order  of  the  House  thereon, 
that  the  same  be  referred  to  the  Committee  of  Ways  and  Means  ; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  to  repeal  in 
part  and  in  addition  to  an  act  entitled  '  an  act  to  regulate  the  inspection 
of  provisions  intended  to  be  exported  from  this  State,  passed  October 
31,  1823,' "  which  was  read  and  passed  and  ordered  to  be  sent  to  the 
House  of  representatives  for  their  concurrence. 

Mr-  Langdon  on  motion,  obtained  leave,  and  introduced  a  bill  entitled 
"  An  act  making  compensation  to  the  Committees  therein  mentioned," 
which  was  read  and  ordered  to  lye  on  the  table.  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M.  -The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "  An  act  to 
incorporate  the  President,  Directors  and  Company  of  the  Bank  of  Rut- 
land," and  the  several  proposed  amendments  were  read  and  adopted; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  bill  with 
said  proposed  amendments  and  Mr-  Berry  is  appointed  to  assign  reasons 
to  the  House.     Adjourned  to  9  Oclock  to  morrow  morning. 


Tuesday  November  2,  1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Recd-  from 
the  House  a  communication  informing  that  the  House  have  concurred 
in  the  amendments  proposed  by  the  Governor  and  Council  to  the  bill 
entitled  "  An  act  to  incorporate  the  President,  Directors  and  Company 
of  the  Bank  of  Rutland." 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  November  1,  1824.     Resolved,  the  Governor  and 

'On  admission  of  any  person  of  color  to,  or  egress  from,  any  State, 
contrary  to  the  laws  of  such  State  :  Georgia  being  for  such  an  amend- 
ment, and  Maine  and  Ohio  disapproving  it. 


Governor  and  Council — November  1824.  137 

Council  concurring  herein,  that  the  Committee  of  Manufactures  be  in- 
structed to  enquire  into  the  expediency  of  exempting  the  Workmen  in 
Cotton  and  Woollen  factories  from  military  duty,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "In  General 
Assembly  November  1,  1824.  Kesolved,  the  Governor  and  Council  con- 
curring herein,  that  the  Judiciary  Committee  be  instructed  to  enquire 
into  the  expediency  of  enacting  a  law,  making  it  the  duty  of  Manufac- 
turing Companies,  incorporated  by  this  State,  to  give  all  children  em- 
ployed by  said  Companies,  between  the  ages  of  six  and  fifteen,  three 
months  schooling  in  each  year,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  resolution.  The  House  sent  up  the  following 
resolution  for  concurrence  to  wit— "In  General  Assembly  Nov- 1,  1824. 
Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Judi- 
ciary Committee  be  instructed  to  enquire  into  the  expediency  of  making 
an  act  in  addition  to  the  several  acts,  where  execution  is  extended  on 
real  estate,  that  the  creditor  shall  begin  at  one  end  or  one  side  of  the 
debtor's  farm  or  lot  to  set  off ;  and  report  by  bill  or  otherwise,"  which 
was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolution. 
The  House  sent  up  the  following  resolution  for  concurrence  to  wit,  "  In 
General  Assembly  October  30,  1824.  Resolved,  that  that  part  of  his  Ex- 
cellency's Speech  relating  to  certain  resolutions  from  the  States  of  Ohio, 
Tennessee,  Alabama  and  Mississippi  be  referred  to  a  Committee  of  four 
members  to  join  from  Courfcil,  and  that  they  report  to  this  House," 
which  was  read;  whereupon  resolved  to  concur  with  the  House  in  pass- 
ing this  resolution.1 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit — The  petition  of  Jacob  Lyon  and  others,  with  an  order  of  the  House 
thereon,  that  the  same  be  referred  to  the  Members  of  Bennington 
County  to  join;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Men  ill  is  appointed  from  Council.  Also  "  An  act  directing  the 
Treasurer  to  pay  Bingham  Lasel  the  sum  therein  mentioned,"  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. 
Also  "An  act  directing  the  Treasurer  to  pay  Charles  Hall  the  sum 
therein  mentioned."  Also  "  An  act  directing  the  Treasurer  to  pay  Jo- 
seph Weeks  the  sum  therein  mentioned,"  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Committee  of  claims;  [concurred 
in.]  Also  "An  act  appointing  a  committee  to  resurvey  and  lay  out  a 
road  from  Danville  court-house  to  the  east  line  of  Glover,"  with  an  or- 
der thereon  that  the  same  be  referred  to  the  Turnpike  Committee; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also,  "  An 
act  relating  to  Probate  Courts,"  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. 

Mr-  Butler,  on  motion,  obtained  leave  and  introduced  a  bill  entitled 
"  An  act  to  incorporate  the  President,  Directors  and  Company  of  the 

1  Ohio  was  for  the  emancipation  of  slaves  by  colonization,  Tennessee 
was  for  "  the  Monroe  doctrine  "  against  the  Holy  Alliance — in  both  of 
which  propositions  Vermont  sympathized;  Tennessee  condemned  Con- 
gressional caucus  nominations  for  President  and  Vice  President,  and 
Alabama  recommended  Gen.  Andrew  Jackson  for  President,  on  which 
Vermont  declined  to  express  any  opinion.  The  committee  was  subse- 
quently discharged  from  further  consideration  of  these  matters. 


138  Governor  and  Council — November  1824. 

Bank  of  Montpelier,"  which  was  read;  whereupon  resolved  to  pass  this 
bill.     Ordered  that  the  same  be  sent  to  the  House  for  their  concurrence. 

Mr-  Berry,  on  motion,  obtained  leave  and  introduced  a  bill  entitled 
"  An  act  to  incorporate  the  President,  Directors  and  Company  of  the 
Danville  Bank,"  which  was  read  and  amended  and  ordered  to  lye  on  the 
table. 

The  Governor  and  Council  attended  in  the  representatives'  room  and 
appointed  electors  of  president  and  vice  president,  after  which  they 
returned  to  their  chamber.1     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Besumed  the  consideration  of  the  bill  entitled  aAn  act  to 
incorporate  the  President,  Directors  and  Company  of  the  Danville 
Bank,"  which  was  read  ;  whereupon  resolved  to  pass  this  bill.  Ordered 
that  the  same  be  sent  to  the  House  for  their  concurrence. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  making  com- 
pensation to  the  Committees  therein  mentioned,"  and  on  motion  of  Mr- 
Langdon  the  same  was  dismissed. 

The  petition  of  Leonard  Smith,  for  pardon,  was  taken  up,  read  and  on 
motion  ordered  to  be  dismissed. 

The  Governor  and  Council  attended  in  the  House  of  representatives 
and  appointed  Directors  of  the  Vermont  State  Bank,  a  person  to  preach 
the  next  election  sermon,  and  a  Surveyor  General,  after  which  they 
returned  to  their  Chamber.2    Adjourned  to£  Oclock  to  morrow  morning. 


Wednesday  Nov.  3  1824.  9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  bills  for  revision  and  concurrence  or  proposals  of 
amendment  to  wit,  "  An  act  directing  the  Treasurer  to  pay  George  P. 
Marsh  the  sum  therein  mentioned,"  which  was  read;  whereupon  resolv- 
ed to  concur  with  the  House  in  passing  this  bill.  Also  "An  act  directing 
the  Treasurer  of  this  State  to  pay  John  Kellogg  the  sum  therein  men- 
tioned," which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  directing  the  Treasurer  to  pay  Lyman  Matteson  the 
sum  therein  mentioned,"  which  was  read;  whereupon  resolved  to  concur 
with  the  House  in  passing  this  bill.  Also  "  An  act  directing  the  Treas- 
urer to  pay  the  town  of  Vershire  the  sum  therein  mentioned,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  organizing  a  rifle  Company  at  Benson  in  the  County  of  Rutland," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Sutton,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  for  the  relief  of  Samuel  Cleaveland  and  Samuel 
Cleaveland  Jun."  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  restoring  Henry  June  to  his  legal 
privileges,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.     Also  "An  act  restoring  David  Tucker  to  his  legal  privileges," 

lThe  Electors  were  Jonas  Galusha,  Titus  Hutchinson,  Joseph  Burr, 
John  Mason,  Jabez  Proctor,  Asa  Aldis,  and  Dan  Carpenter. 

"Persons  elected:  Benjamin  Swan,  John  Jackson  and  Job  Lyman, 
Directors  of  the  Bank ;  Rev.  Robert  Bartlett  to  preach  the  election 
sermon,  and  Rev.  Samuel  C.  Loveland  substitute  ;  and  Calvin  C.  Waller 
Surveyor  General. 


Governor  and  Council — November  1824.  139 

which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  restoring  Cloe  Clark  to  her  privileges,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  passage  of  the  ten  bills  last  mentioned. 
Also  "An  act  directing  the  Treasurer  to  pay  Clapp  Bolles  the  sum 
therein  mentioned,"  which  was  read;  whereupon  resolved  not  to  concur 
in  passing  this  bill  and  reasons  were  assigned  in  writing  —  ordered  that 
the  Sec'y  return  said  bill  and  reasons  to  the  House. 

The  House  sent  up  the  petition  of  Betsy  Green,  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. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  Novr-  2d>  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  passing  a  law,  rendering  more  certain 
the  process  of  tendering  personal  articles  in  payment  of  debts,  so  as  to 
prevent  litigation  about  the  same;"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution. 

Mr-  Dana  of  Caledonia  County,  on  motion,  obtained  leave  of  absence 
for  the  remainder  of  the  session.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Mr-  Merrill,  on  motion,  obtained  leave  and  introduced  a 
bill  entitled  "  An  act  for  the  benefit  and  encouragement  of  iron  manu- 
factories," which  was  read  and  referred  to  the  Committee  on  Manufac- 
tures and  ordered  to  be  sent  to  the  House  for  their  concurrence  in  the 
reference.    Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  November  4, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Resumed  the 
Consideration  of  the  bill  entitled  "An  act  directing  the  Treasurer  to  pay 
Noyes  Hopkiuson  the  sum  therein  mentioned,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill— ordered  that  the  Sec'^  in- 
form the  House  of  the  same. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  forming  a  new 
town  out  of  the  towns  of  Bakersfield,  Belvidere  and  Coit's  Gore  in  the 
County  of  Franklin,  by  the  name  of  Waterville,"  which  was  read  and 
amendments  were  proposed  to  the  same  which  were  read  and  adopted; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  bill  with 
said  proposals  of  amendment,  and  Mr-  Wetmore  is  appointed  to  assign  the 
reasons  of  the  Governor  and  Council,  who  assigned  the  same  in  writing. 
Ordered  that  the  Sec'y  return  said  bill,  proposals  of  amendment  and  rea- 
sons to  the  House. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
to  wit,  M  An  act  fixing  a  time  for  holding  the  Supreme  Court  in  the 
County  of  Grand  Isle,"  which  was  read  and.  committed  to  Messrs  Wet- 
more,  Butler  and  Merrill  for  amendment. 

The  House  sent  up  the  following  for  concurrence  in  the  reference 
to  wit — "An  act  relating  to  imprisonment  for  debt."  Also  "An  act 
providing  for  the  location  and  erection  of  the  County  buildings  in  the 
County  of  Windham,"  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  Judiciary  Committee;  whereupon  resolved  to  concur 
in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  Nov- 1,1824.  Resolved,  the  Governor  and  Coun- 
cil concurring  herein  that  a  Select  Committee  of  four  members  from 


140  Governor  and  Council — November  1824. 

this  House,  to  join  from  Council,  be  appointed  for  compiling  the  several 
acts  ascertaining  the  principles  on  which  the  list  of  this  State  shall  be 
made  and  directing  the  listers  in  their  office  and  duty,  and  report  by 
bill  or  otherwise,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  resolution  and  Mr-  Berry  is  appointed  from  Council. 

The  House  sent  up  the  resolution  of  the  22d  of  October  last  introduced 
by  Mr-  Ingham,  upon  the  subject  of  taxing  wild  lands,  and  the  report  of 
the  General  Committee  thereon,  with  an  order  of  the  House  that  the 
same  be  recommitted  to  the  General  Committee  ;  whereupon  resolved 
to  concur  in  said  order  of  recommitment.  The  House  sent  up  the 
following  for  concurrence  in  the  reference  to  wit,  "An  act  in  addition  to 
an  act  entitled  an  act  directing  the  levying  and  serving  executions," 
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.  Also  "An  act  directing  the  Treasurer  of  this  state  to  pay 
Azariah  Webb  the  sum  therein  mentioned."  Also  "An  act  directing 
the  Treasurer  to  pay  Norman  Williams  the  sum  therein  mentioned," 
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.  Also  The  Communication  ot  the  Governor  to  the  House, 
and  the  correspondence  between  the  Governor  and  Daniel  Webster,1 
with  an  order  of  the  House  that  the  same  be  referred  to  the  [a]  Com- 
mittee of  four  to  join  ;  whereupon  resolved  to  concur  in  said  orders  of 
reference,  and  Mr-  Langdon  is  appointed  from  Council.  Also  "An  act 
establishing  the  permanent  seat  of  the  government  at  Burlington  and 
Windsor,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  a  Select  Committee  of  six  to  join  ;  whereupon  resolved  to  concur  in 
said  order  of  reference  and  Mr-  Roberts  is  appointed  from  Council. 
Adjourned  to  2  O  clock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment.    Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  November  5, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit,  The 
Communication  of  the  Governor  to  the  House  accompanied  by  Mr- 
Slade's  report  and  compilation  of  the  laws,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit, 
"In  General  Assembly  November  4, 1824.  Resolved,  that  the  Judiciary 
Committee  be  instructed  to  inquire  into  the  propriety  of  compelling 
the  creditors  to  support  their  poor  debtors,  when  confined  in  prison,  on 
execution  or  mesne  process,  when  they  are  unable  to  support  them- 
selves ;  and  report  by  bill  or  otherwise,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution.  The  House  sent  up  the 
following  resolution  for  concurrence  to  wit,  "Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  directed  to 

1  On  the  rights  of  the  State  touching  the  royal  grants  of  lands  to  the 
Society  for  the  propagation  of  the  Gospel  in  foreign  parts.  Mr.  Webster 
had  been  counsel  for  the  State  in  the  case  brought  by  the  town  of  New 
Haven.— See  printed  Assembly  Journal  of  1824,  pp.  108-110. 


Governor  and  Council — November  1824.  141 

take  into  consideration  the  expediency  of  providing  by  law  for  the  sale 
of*  the  equity  of  redemption  on  real  estate  at  vendue,  and  that  they  have 
liberty  to  report  by  bill  or  otherwise,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  Amos  Brown  and  others,  with  an  order  of  the  House 
thereon,  that  the  same  be  referred  to  a  select  Committee  of  four  to  join  ; 
whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr-  Merrill 
is  appointed  from  Council.  Also  the  petition  of  Cyrus  Canfield  and 
others,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  committee  [of  four]  to  join  ;  whereupon  resolved  to  concur  in  said 
order  of  reference  and  Mr-  Merrill  is  appointed  from  Council. 

On  motion  of  Mr-  Langdon,  voted  to  reconsider  the  vote  dismissing 
the  petition  of  Leonard  Smith,  a  convict  in  the  state  prison,  and  the 
question  was  put  "Shall  the  said  Leonard  Smith  be  discharged  from  his 
said  confinement?"  which  was  determined  in  the  affirmative — yeas  10, 
nays  2. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  or 
proposals  of  amendment — to  wit,  "An  act  directing  the  Quarter  Master 
General  to  furnish  a  field-piece,  with  carriage  and  apparatus,  for  the  use  of 
the  first  Company  of  artillery  attached  to  the  3d-  Division  of  the  Militia  of 
this  State,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  for  the  relief  of  the  town  of  Bridgewater,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  altering  the  time  of  holding  the  County  Courts  in  the  Counties  of 
Franklin  and  Grand  Isle,"  which  was  read  ;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also  "An  act  granting  to  Oren  Dickinson  the 
right  to  keep  a  ferry,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Ordered  that  the  Sec'^  inform  the  House  of  the 
passage  of  the  four  bills  last  mentioned. 

The  Governor  and  Council  attended  in  the  House  of  representatives 
to  make  further  County  appointments,  after  which  they  returned  to 
their  Chamber.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Recd-  from  the  House  a  large  number  of  bills  for  revision 
and  concurrence  or  proposals  of  amendment  which  were  severally  read 
and  laid  on  the  table.     Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  November  6, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Re- 
sumed the  consideration  of  the  following  bill  to  wit,  "  An  act  establish- 
ing a  corporation  by  the  name  of  the  Otter  Creek  towpath  Company," 
which  was  read  and  committed  to  Mr-  Wetmore  for  amendment. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  "  His  Excellencv'8  Communication  to  the  House,  enclosing  commu- 
nications from  the  Quarter  Master  General's  department,"  with  an  or- 
der of  the  House  thereon,  that  the  same  be  referred  to  the  Military  Com- 
mittee; whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"  An  act  in  addition  to  an  act  entitled  an  act  for  the  destroying  of  wolves 
and  panthers  within  this  state,"  with  an  order  of  the  House  thereon, 
that  the  same  be  referred  to  the  Gen1-  Committee;  whereupon  resolved 
to  concur  in  said  order  of  reference.  Also  "  An  act  repealing  an  act 
passed  Novr-  6th>  1823,  entitled  an  act  in  addition  to  an  act  regulating 
town  meetings  and  the  choice  and  duty  of  town  officers,  passed  Febr  28, 
1797,"  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 


142  Governor  and  Council — November  1824. 

the  Judiciary  Committee;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  "An  act  directing  the  Treasurer  to  pay  Benjamin 
Rolfe  the  sum  therein  mentioned."  And  "An  act  directing  the  Treas- 
urer to  pay  Clapp  Bolles  the  sum  therein  mentioned,"  with  an  order  on 
each  that  the  same  be  referred  to  the  Committee  of  Claims;  whereupon 
resolved  to  concur  in  said  orders  of  reference.  Also  "  An  act  in  altera- 
tion of  and  amendment  to  an  act  establishing  a  corporation  by  the  name 
of  the  Chelsea  turnpike  Company,  passed  Novr-  7,  1807,"  with  an  order 
of  the  House  thereon,  that  the  same  be  referred  to  the  turnpike  Commit- 
tee; whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"  An  act  in  alteration  of  an  act  constituting  &  appointing  the  Supreme 
Court,  defining  their  powers  and  regulating  judicial  proceedings,"  with 
an  order  of  the  House  thereon,  that  the  same  be  referred  to  the  Judi- 
ciary Committee;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Judi- 
ciary Committee  be  instructed  to  inquire  into  the  expediency  of  the 
alteration  of  the  several  acts  relating  to  the  mode  of  attaching  real  es- 
tate on  mesne  process,  by  leaving  a  copy  of  attachment  in  the  town 
Clerk's  office  ;  with  leave  to  report  by  bill  or  otherwise,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  Committee  to  whom  was  referred  the  bill  entitled  "  An  act  for 
the  benefit  and  encouragement  of  iron  manufactories,"  made  report  that 
the  same  ought  to  pass  and  become  a  law,  which  report  was  accepted 
and  the  bill  read  and  passed  and  ordered  to  be  sent  to  the  House  of  rep- 
resentatives for  their  concurrence  or  proposals  of  amendment. 

The  House  sent  up  the  following  bills  for  concurrence  or  proposals  of 
amendment  to  wit,  "  An  act  for  the  relief  of  poor  debtors,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act 
laying  a  tax  of  four  cents  per  acre  on  the  town  of  Topsham  in  the 
County  of  Orange,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  for  the  relief  of  the  towns  of  Chester 
and  Andover  in  the  County  of  Windsor,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "  An  act  to  authorise  the 
Guardian  of  Simeon  Brooks  and  Betsy  Brooks  to  sell  and  convey  the 
real  estate  of  his  wards,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also,  "  An  act  for  the  relief  of  Abijah  W. 
Wright,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also,  "An  act  amending  an  act  laying  a  tax  of  four  cents  per  acre 
on  the  town  of  Plymouth,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also  "  An  act  extending  the  time  allowed  by 
law  for  the  inhabitants  of  the  towns  of  Pomf  ret  and  Sharon  to  make  and 
complete  a  certain  road  therein  mentioned,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  directing 
the  Treasurer  to  pay  Asa  Dodge  Junr-  the  sum  therein  mentioned," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec^  inform  the  House  of  the  passage  of  the  eight  bills 
last  mentioned.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.— The  Governor  and  Council  met  pursuant  to  ad- 
journment.    Adjourned  to  9  Oclock  Monday  morning. 


Governor  and  Council — November  1824.  143 

Monday  November  8, 1824.    9  Oclock  A.  M. 

His  Honor  the  Lt.  Governor  and  the  Council  met  pursuant  to  adjourn- 
ment, the  Lieut.  Govr-  in  the  Chair.  The  House  sent  up  the  following 
for  concurrence  in  the  reference  to  wit — The  petition  of  John  A. 
Rhoades  and  others,  with  an  order  of  the  House  thereon,  that  the  same 
be  referred  to  the  laud  tax  Committee;  whereupon  resolved  to  concur 
in  said  order  of  reference.  Also  The  petition  of  Truman  Chittenden 
and  others,  with  an  order  of  the  House  thereon,  that  the  same  be  refer- 
red to  the  Land  tax  Committee;  whereupon  resolved  to  concur  in  Laid 
order  of  reference.  Also  "  An  act  in  addition  to  an  act  entitled  an  act 
constituting  a  company  of  infantry  in  Chelsea  in  Orange  County,  passed 
November  11,  1818,"  with  an  order  of  the  House  thereon,  that  the  same 
be  referred  to  the  Military  Committee;  whereupon  resolved  to  concur 
in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  Novr-  5,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  there  be  a  committee  of  four  appointed 
from  this  House,  to  join  from  Council,  to  inquire  into  the  expediency  of 
enacting  a  law,  enumerating  what  articles  of  household  furniture  shall 
be  exempt  from  mesne  process,  or  from  attachment  and  sale  on  execu- 
cution,  and  report  to  this  House  by  bill  or  otherwise,"  which  was  read;, 
whereupon  resolved  to  concur  in  passing  this  resolution.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  Novr-  6,  1824.  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  General  Committee  be  directed  to  enquire  into  the 
expediency  of  providing  by  law  blank  forms  for  each  town  in  this  state  to 
make  their  grand  list  upon,  that  uniformity  in  said  towns  may -the  bet- 
ter prevail,  and  report  by  bill  or  otherwise,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  resolution. 

The  committee  to  whom  was  referred  the  petition  of  Levi  Kimball 
and  others,  on  motion  were  discharged  from  the  further  consideration 
of  the  same,  and  the  petitioners  had  leave  to  withdraw  their  petition. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  fixing  a  time 
for  holding  the  Supreme  Court  in  the  County  of  Grand  Isle,"  which  was 
read,  and  amendments  were  proposed  to  the  same,  which  were  read 
and  adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill  with 
said  proposals  of  amendment,  and  reasons  for  the  same  were  assigned  in 
writing.  Ordered  that  the  Sec'y  return  said  bill  and  reasons  to  the 
House.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Lieut.  Governor  and  the  Council  met  pursuant 
to  adjournment.  Resumed  the  consideration  of  the  bill  entitled  "  An  act 
in  addition  to  an  act  for  the  support  of  Schools,"  which  was  read  ; 
whereupon  an  amendment  was  proposed  to  the  same,  which  was  read 
and  adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill  with 
said  proposal  of  amendment.  And  afterwards  said  amendment  was 
withdrawn  and  said  bill  passed  without  said  amendment. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
to  wit,  "An  act  establishing  a  corporation  by  the  name  of  the  Otter  Creek 
towpath  Company,"  which  was  read  and  amendments  were  proposed 
to  the  same  which  were  read  and  adopted  ;  whereupon  resolved  to  con- 
cur in  passing  this  bill  with  said  proposals  of  amendment  and  reasons 
for  said  amendments  were  assigned  in  writing.  Ordered  that  the  Sec'^ 
return  said  bill  and  reasons  to  the  House.  Adjourned  to  9  Oclock  to 
morrow  morningr. 


144  Governor  and  Council — November  1824. 

Tuesday  Novr-  9,  1824.    9  Oclock  A.  M. 

The  Lieut.  Governor  and  Council  met  pursuant  to  adjournment.  The 
House  sent  up  the  following  for  concurrence  in  the  reference,  to  wit, 
"An  act  for  annexing  a  part  of  the  town  of  Bristol  in  the  County  of 
Addison  to  the  town  of  Lincoln,"  with  an  order  of  the  House  thereon 
that  the  same  be  recommitted  to  the  committee  raised  on  the  petition 
of  Robert  Johnson  ;  whereupon  resolved  to  concur  in  said  order  of  re- 
commitment. Also  The  petition  of  Thomas  Fuller  and  others,  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. 
Also  The  petition  of  Thomas  Todd,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  "An  act  directing  the 
Treasurer  to  pay  Joshua  Y.  Vail  the  sum  therein  mentioned,"  with  an 
order  of  the  House  thereon  that  the  same  be  recommitted  to  the  Com- 
mittee of  Claims;  whereupon  resolved  to  concur  in  said  order  of  recom- 
mitment. 

A  communication  was  recd-  from  the  Speaker  of  the  House  of  repre- 
sentatives, informing  that  the  House  had  concurred  in  the  amendments 
proposed  by  the  Governor  and  Council  to  the  bill  entitled  "An  act 
establishing  a  corporation  by  the  name  of  the  Otter  Creek  tow-path 
Company." 

The  House  sent  up  the  following  for  revision  and  concurrence  &c.  to 
wit,  "An  act  in  addition  to  an  act  constituting  the  Supreme  Court  of 
Judicature  and  County  Courts,  defining  their  powers  and  regulating 
judicial  proceedings,"  which  was  read  and  committed  to  Messrs.  Lang- 
don  and  Wetmore  for  amendment.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Lieut.  Governor  and  Council  met  pursuant  to 
adjournment,  the  Lieut.  Governor  in  the  chair.  Mr-  Roberts  introduced 
the  following  resolution  to  wit,  "  In  Council  Nov.  9, 1824.  Resolved, 
the  House  of  representatives,  concurring  herein,  that  the  Committee  on 
education  be  instructed  to  enquire  into  the  propriety  of  adopting  some 
measures  to  establish  a  permanent  fund  for  the  support  of  Schools  in 
this  State  ;  and  report  by  bill  or  otherwise,"  which  was  read  and  past, 
and  ordered  to  be  sent  to  the  House  for  concurrence.  Adjourned  to  9 
Oclock  to  morrow  morning. 


Wednesday,  Nov*-  10, 1824.  9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit,  The  peti- 
tion of  Jonas  Whitney  Junr-  with  an  order  of  the  House  thereon  that  the 
same  be  recommitted  to  the  Committee  of  Claims;  whereupon  resolved 
to  concur  in  said  order  of  recommitment.  Also,  "  An  act  in  addition  to 
an  act  relating  to  highways,  passed  Nov1"- 15, 1820,"  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  Judiciary  Commit- 
tee; whereupon  resolved  to  concur  in  said  order  of  recommitment. 
Also  "  An  act  annexing  the  County  of  Essex  to  the  County  of  Caledo- 
nia," with  an  order  of  the  House  thereon  that  the  same  be  recommitted 
to  the  committee  on  the  bill  forming  a  new  town  by  the  name  of  Water- 
ville;  whereupon  resolved  to  concur  in  said  order  of  recommitment. 
Also  "  An  act  to  authorise  Probate  Courts  to  empower  Guardians  to  sell 
the  real  estate  of  their  wards,"  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. 


G-overnor  and  Council — November  1824.  145 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit,  u  An  act  laying  a  tax  on  the  County  of  Grand  Isle,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  ''An 
act  authorising  Samuel  W.  and  Stephen  S.  Keyes  to  erect  and  keep  a 
toll  bridge  across  Missiski  river,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "  An  act  annexing  a  part  of  the 
town  of  Braintree  to  the  town  of  Rochester,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  establishing 
a  grenadier  company  in  the  third  Regiment,  first  Brigade  and  first  Di- 
vision of  Vermont  Militia,"  "which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  providing  for  the  appoint- 
ment of  Surveyors  of  Wood,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  the  several  acts 
regulating  and  governing  the  Militia  of  this  State,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment.   Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  Nov.  11,  1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit,  "  An  act 
laying  a  tax  on  the  County  of  Essex,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  consisting  of  the 
members  of  Essex  County;  whereupon  resolved  to  concur  in  said  order 
of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  Nov1--  10,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Surveyor  General  be  and  he  hereby 
is  directed  to  deliver  to  the  Sec'y  of  State  all  records  of  Charters  in  his 
office,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
resolution.  The  House  sent  up  the  following  resolution  for  concurrence 
to  wit,  "  In  General  Assembly  Novr-  10,  1821.  Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  Committee  on  education  be  in- 
structed to  inquire  into  the  expediency  of  providing  by  law,  for  the  loca- 
tion of  School  houses;  and  report  by  bill  or  otherwise,"  which  was  read; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  resolu- 
tion. The  House  sent  up  the  following  resolution  for  concurrence  to 
wit,  "  In  General  Assembly  Nov- 10, 1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Military  Committee  be  instructed 
to  examine  au  act  directing  the  mode  of  distributing  the  arms  received 
from  the  United  States,  and  for  other  purposes,  passed  October  12,  1812, 
and  if  in  the  opinion  of  the  said  Committee  the  law  alluded  to  is  insuffi- 
cient for  the  effectual  preservation  of  said  arms,  it  shall  be  the  duty  of 
said  Committee  to  report  a  bill  for  the  more  effectual  preservation  of 
said  arms,"  which  was  read  ;  whereupon  resolved  to  concur  with  the 
House  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  aAn  act  in  addition  to  an  act  to  exempt  the  Hartford  Manufacturing 
Company  from  assessment  or  taxes,  passed  Novr-  10,  1818,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
on  manufactures  ;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

A  message  was  received  from  the  House  by  Mr*  Hunt  of  Fairfax,  one 
of  its  members,  informing  that  the  House  have  non  concurred  in  the 

10 


146  Governor  and  Council — November  1824. 

amendment  proposed  by  the  Governor  and  Council  to  the  bill  entitled 
"An  act  forming  a  new  town  out  of  the  towns  of  Bakersfield,  Belvidere 
and  Coit's  Gore  in  the  County  of  Franklin,"  and  after  assigning  the 
reasons  of  the  House  therefor  he  withdrew. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c. 
"An  act  for  the  relief  of  Richard  L.  Dickerman,"  which  was  read  and 
committed  to  Messrs.  Roberts  and  Langdon.  Also  "An  act  restoring 
Ebenezer  Darling  to  his  legal  privileges,"  which  was  read  and  commit- 
ted to  Messrs.  Holley  and  Roberts.  Also  "An  act  for  the  relief  of  Paul 
W.  Kimpton,"  which  was  read  ;  whereupoti  resolved  to  concur  in  pass- 
ing this  bill.  Also  "An  act  dividing  the  County  of  Addison  into  two 
Probate  Districts,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  to  authorise  the  Guardian  of  Nelson 
Green  to  sell  and  convey  the  real  estate  of  her  ward,"  which  was  read ; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  bill.  Also 
"  An  act  constituting  Norman  Randolph  Kidder  heir  at  law  of  Francis 
Kidder  and  Sally  Kidder,"  which  was  read  ;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  bill.  Also  "  An  act  annexing  a  part 
of  the  town  of  Lincoln  to  the  town  of  Warren  in  the  County  of  Addi- 
son," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  establishing  and  incorporating  an  academy  at 
Hinesburgh,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  directing  the  Treasurer  of  this  State  to  pay 
George  Ferris  and  David  Hurlburt  Junr-  the  sum  therein  mentioned," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  directing  the  Treasurer  to  credit  Jesse  Goodeno,  first 
constable  of  Hancock,  the  sum  therein  mentioned,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
directing  the  Treasurer  to  pay  Omri  Dodge  the  sum  therein  mentioned," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  directing  the  Selectmen  of  Dorsett  to  pay  Truman  Lapish 
the  sum  therein  mentioned,"  which  was  read  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  bill.  Also  "An  act  laying  a  tax 
of  three  cents  per  acre  on  the  town  of  Woodbury,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  laying 
a  tax  of  four  cents  per  acre  on  all  the  lands  in  the  town  of  Roxbury," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the  twelve 
bills  last  mentioned.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "An  act  in 
addition  to  an  act  constituting  the  Supreme  Court  of  Judicature  and 
County  Courts,  defining  their  powers  and  regulating  judicial  proceed- 
ings," when  the  committee  to  whom  the  said  bill  had  been  recommitted, 
reported  amendments  which  were  read  and  adopted  ;  whereupon  re- 
solved to  concur  with  the  House  in  passing  this  bill  with  said  proposals 
of  amendment,  and  Mr-  Langdon  is  appointed  to  assign  reasons  to  the 
House.     Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  Nov.  12, 1824.    9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.    The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  Nov.  11, 1824.    Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  two  houses  meet  in  Joint  Committee  in  the  repre- 


Governor  and  Council — November  1824.  147 

senlatives'  room  at  ten  Oclock  tomorrow  morning  for  the  purpose  of 
electing  Major  Generals  of  the  second  and  3d-  Divisions,  and  Brigadier 
General  of  the  2d-  Brigade  and  4th-  Division  of  the  Militia  of  this  State, 
to  fill  the  vacancies  occasioned  by  the  resignations  of  Major  General 
Ladd,  Major  General  Strong  and  Brigadier  General  Cushman,"  which 
was  read  ;  whereupon  resolved  to  concur  with  the  House  in  passing  this 
resolution  and  the  Sec'y  was  ordered  to  inform  the  House  accordingly. 

The  House  sent  up  the  petition  of  the  Selectmen  of  Concord,  with  an 
order  of  the  House  thereon,  that  the  same  be  recommitted  to  the  Com- 
mittee raised  on  the  bill  forming  a  new  town  by  the  name  of  Water- 
ville  ;  whereupon  resolved  to  concur  in  said  order  of  recommitment. 
Also  "An  act  in  addition  to  an  act  to  incorporate  the  President,  Direc- 
tors and  Company  of  the  Bank  of  Rutland,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  select  committee  of  4  to  join  ; 
whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr-  Wet- 
more  is  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  Nov.  10,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  making  some  different  arrangement  in 
the  present  laws  relating  to  the  Commissioners  of  jail  delivery,  and 
report  by  bill  or  otherwise/'  which  was  read  and  passed.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  u  In  General 
Assembly  Nov.  11, 1824.  Resolved,  the  Governor  and  Council  concur- 
ring herein,  ttiat  the  Judiciary  Committee  be  instructed  to  inquire  into 
the  expediency  of  so  amending  the  act  relating  to  the  judiciary  as  to 
provide  for  the  obtaining  of  testimouy  of  witnesses  in  any  case  pending 
before  a  court  or  the  legislature  for  a  new  trial,  and  to  report  by  bill  or 
otherwise,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  resolution.  The  House  sent  up  the  following  resolution  for  concur- 
rence to  wit,  "  In  General  Assembly  Nov.  11,  1824.  Resolved,  the  Gov- 
ernor and  Council  concurring  herein,  that  the  Judiciary  Committee  be 
instructed  to  inquire  into  the  expediency  of  passing  a  law,  the  effect  of 
which  will  be,  that  all  persons  who  are  or  may  be  holden  to  the  treasury 
of  this  state,  on  bonds  for  criminal  prosecution,  may  have  the  privilege, 
by  giving  the  State's  Attorney  in  the  County  where  such  bonds  were 
taken,  reasonable  notice  of  his  intent  so  to  do,  to  motion  the  Supreme 
Court  to  chancer  their  bonds,  without  being  liable  to  a  bill  of  cost," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. The  House  sent  up  the  resolution  of  6th-  instant,  introduced  by 
Mr-  Gray,  with  an  order  of  the  House  thereon  that  the  General  Commit- 
tee be  discharged  from  the  further  consideration  of  the  same,  and  that 
the  same  be  referred  to  the  committee  raised  on  the  resolution  of  Mr-  Olin 
relative  to  the  compiling  a  system  of  laws  in  relation  to  the  Grand  list ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "An  act 
to  incorporate  the  proprietors  of  the  meeting  house  in  Newbury,"  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Judiciary 
Committee.  Also  "An  act  to  repeal  an  act  therein  mentioned."  Also 
"An  act  in  addition  to  an  act  constituting  Probate  Courts,"  with  an 
order  of  the  House  on  each,  that  the  same  be  referred  to  the  Judiciary 
Committee  ;  whereupon  resolved  to  concur  in  said  several  orders  of  ref- 
erence. Also  the  petition  of  Hanson  Rogers,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  land  tax  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  Governor  and  Council  attended  in  the  House  of  representatives 
to  complete  County  appointments  and  appoint  Major  Generals  of  the  2d- 
and  3d-  divisions  and  a  Brigadier  General  of  the  2d-  Brigade  and  4th- 


148  Governor  and  Council — November  1824. 

Division,  after  which  they  returned  to  their  Chamber. l    Adjourned  to 
2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Mr-  Merrill,  to  whom  was  referred  the  resolution  of  the  9th 
instant,  introduced  by  Mr-  Roberts,  made  report  of  a  resolution  and  bill 
accompanying  the  same,  which  were  read  and  ordered  to  lye  on  the 
table. 

Mr-  Holley,  from  the  committee  to  whom  was  committed  the  bill  en- 
titled "  An  act  restoring  Ebenezer  Darling  to  his  legal  privileges,"  re- 
ported amendments  which  were  adopted;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  bill  with  said  proposals  of  amend- 
ment, and  Mr-  Holley  is  appointed  to  assign  reasons  to  the  House. 

On  motion  of  Mr-  Berry,  voted  to  reconsider  the  vote  dismissing  the 
petition  of  Jacob  Spencer,  a  convict  in  the  State  prison,  and  the  ques- 
tion was  put  "  Shall  the  said  Jacob  Spencer  be  discharged  from  his  said 
confinement  ?"  which  was  determined  in  the  affirmative — yeas  7,  nays  4. 
Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Nov.  13, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  revision  and  concurrence  to  wit,  "  An  act  in- 
corporating the  Connecticut  river  Company,"  which  was  read  and  com- 
mitted to  Messrs.  Langdon  and  Butler  for  examination.    ■ 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  Nov.  12,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  two  houses  meet  in  Joint  Commit- 
tee in  the  representatives'  room,  on  tuesday  next  at  10  Oclock  in  the 
forenoon,  for  the  purpose  of  electing  a  Brigadier  General  in  the  first 
Brigade  and  2d-  Division,  to  fill  the  vacancy  occasioned  by  the  promo- 
tion of  Gen.  Hopkins,  and  a  Brigadier  General  of  the  first  Brigade  in  the 
3d-  Division,  to  fill  the  vacancy  occasioned  by  the  promotion  of  Gen. 
Lawrence,"  which  was  read  and  passed,  and  the  Sec'^  was  ordered  to  in- 
form the  House  accordingly.  The  House  sent  up  the  following  resolu- 
tion for  concurrence  to  wit,  "  In  General  Assembly  Novr-  12,  1824.  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  two 
Houses  meet  in  Joint  Committee  in  the  representatives'  room  on  tues- 
day next,  at  ten  Oclock  in  the  forenoon,  for  the  purpose  of  receiving  fur- 
ther nominations  of  County  officers,  and  making  the  appointment  of  such 
officers;  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
resolution. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c.  to 
wit,  "An  act  to  authorise  the  Guardian  of  the  minor  heir  of  Jeremiah 
Andrews,  late  of  Tunbridge,  deceased,  to  sell  and  convey  the  real  estate 
of  his  ward,"'  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  in  addition  to  an  act  defining  the  powers 
of  Justices  of  the  peace,"  which  being  read,  amendments  were  pro- 
posed to  the  same,  which  were  read  and  adopted:  whereupon  resolved 
to  concur  in  passing  this  bill  with  said  proposals  of  amendment,  and  rea- 
sons for  the  same  were  assigned  in  writing. 

Resumed  the  consideration  of  the  bill  entitled  u  An  act  for  the  benefit 
of  Common  Schools,"  which  was  read  and  committed  to  Messrs.  Merrill, 
Wetmore  and  Dana  of  O. 

1  The  persons  elected  were  :  Elisha  Hopkins  and  Ville  Lawrence, 
Major  Generals  ;  and  Hiram  Warner,  Brigadier  General. 


Governor  and  Council — November  1824.  149 

Received  a  communication  /rom  the  Speaker  of  the  House  informing 
the  Elouse  have  concurred  in  the  amendments  proposed  by  the  Gover- 
nor and  Council  to  the  bill  entitled  "An  act  in  addition  to  an  act  con- 
stituting the  Supreme  Court  of  Judicature  and  County  Courts,  defining 
their  powers,  and  regulating  judicial  proceedings.1  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "An  act  for 
the  benefit  of  Common  Schools,"  which  was  read  and  passed  and  ordered 
to  be  sent  to  the  House  of  representatives  for  their  concurrence. 

The  report  of  the  Committee  on  education  and  the  accompanying 
resolution  were  read  and  passed  and  ordered  to  be  sent  to  the  House  of 
representatives  for  their  concurrence.  Adjourned  to  Monday  next,  9 
Oclock  A.  M. 


Monday  Nov  15, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit — "Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  Judiciary  Committee 
be  instructed  to  inquire  into  the  expediency  of  altering  the  law  regu- 
lating the  taxation  of  Costs  before  the  General  Assembly,  against  peti- 
tioners praying  for  new  trials,  and  that  they  report  by  bill  or  other- 
wise," which  was  read;  whereupon  resolved  to  concur  in  passing  this 
resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  Joseph  Brown,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  the  petition  of  Joshua 
Garlick,  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.  Also  the  petition  of  Elias  Hall,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  Select  Committee  of  4  to 
join  ;  whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr- 
Langdon  is  appointed  from  Council.  Also  "An  act  to  prevent  impris- 
onment of  poor  debtors  in  certain  cases,"    with  an  order  of  the  House 

'  '  This  bill  therefore  became  a  law.  The  originator  of  it  was  the  late 
Hon.  Samuel  Prentiss  of  Montpelier,  and  it  was  a  work  worthy  of 
that  eminent  jurist.  Prior  to  the  passage  of  this  act,  the  three  judges  of 
each  county  court  had  consisted  mainly  of  farmers,  mechanics,  mer- 
chants, and  clergymen,  with  occasionally  a  lawyer,  but  rarely  one 
"  learned  in  the  law."  Courts  so  composed  most  surely  endeavored  to 
secure  justice  for  all  parties,  but  it  is  obvious  that  they  were  liable  to 
frequent  errors  through  the  lack  of  a  thorough  knowledge  of  the  law. 
This  defect  was  remedied  by  the  act  of  1824,  in  providing  that  every 
chief  justice  of  a  county  court  should  be  some  one  of  the  judges  of  the 
supreme  court,  presumably  a  jurist  of  high  repute — while  the  two  assis- 
tant judges  were"  left  to  be  appointed  as  before.  This  system  is 
still  in  force,  and  it  has  undoubtedly  added  dignity  to  the  county  courts, 
and  inspired  litigants  with  greater  confidence  in  having  their  legal 
rights  protected. 


150  Governor  and  Council — November  1824. 

thereon  that  the  same  be  referred  to  a  select  committee  of  4  to  join  ; 
whereupon  resolved  to  concur  in  said  order  of  reference,  and  the  Lieut. 
Governor  is  appointed  from  Council.  Also  "An  act  regulating  the  tolls 
of  one  horse  waggons  over  West  river  bridges  in  Brattleboro  and  Dum- 
merston,"  with  an  order  of  the  House  thereon  that  the  same  be  recom- 
mitted to  the  Turnpike  Committee  ;  whereupon  resolved  to  concur  in 
said  order  of  recommitment. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit  —  ';An  act  annexing  a  part  of  the  town  of  Pittsfield  to  the 
town  of  Rochester,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  appointing  a  collector  in  the  town  of 
Fairhaven,1'  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  to  preserve  the  fish  in  the  several  waters  within 
the  town  of  Braintree  in  the  County  of  Orange,"  which  was  read, 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  incor- 
porating certain  persons  therein  named  by  the  name  of  the  Essex 
bridge  Company,"  which  being  read,  amendments  were  proposed  to  the 
same  which  were  read  and  adopted  ;  whereupon,  resolved  to  concur  in 
passing  this  bill  with  said  proposals  of  amendment  and  reasons  for  the 
same  were  assigned  in  writing.  Also  "An  act  for  the  relief  of  Richard 
L.  Dickerman,"  which  was  read  ;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Ordered  that  the  Sec'?  inform  the  House  of  the  passage  of 
the  five  bills  last  mentioned.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  The  Governor  and  Council  met  pursuant  to  ad- 
journment. Resumed  the  consideration  of  the  bill  entitled  "An  act 
forming  a  new  town  out  of  the  towns  of  Bakersfield,  Belvidere  and 
Coit's  Gore  in  the  County  ot  Franklin,  by  the  name  of  Waterville," 
whereupon  resolved  to  recede  from  the  amendments  proposed  to  said 
bill  and  further  resolved  to  concur  with  the  House  in  passing  this  bill. 
Also  "  An  act  providing  for  the  location  and  erection  of  the  County 
buildings  in  the  County  of  Windham,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill. 

A  message  was  received  from  the  House  by  Mr-  Mattocks,  one  of  its 
members,  informing  that  the  Hon.  George  E.  Wales  had  resigned  the 
office  of  Speaker,  and  that  the  House  had  elected  the  Hon.  Isaac  Fletch- 
er, Speaker. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  altering  the 
mode  of  appointing  commissioners  of  jail  delivery,"  which  was  read  and 
committed  to  Messrs.  Langdon  and  Butler  for  examination.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Tuesday  Nov.  16, 1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  bill  for  concurrence  in  the  reference  to  wit,  "  An 
act  in  addition  to  an  act  entitled  an  act  relating  to  jails  and  jailers  and 
for  the  relief  of  persons  imprisoned  therein,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit,  "  An  act  for  the  relief  of  Thomas  Guyer,"*which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  mak- 
ing the  necessary  appropriations  for  the  support  of  government  the 
present  year  and  for  other  purposes,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.     Also  "  An  act  for  the  relief  of 


Governor  and  Council — November  1824.  151 

• 
Kate  or  Catherine  Jones,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  bill.     The  House  sent  up  for  revision  and  concur- 
rence &c.  a  large  number  of  bills  which  were  read  and  ordered  to  lye  on 
the  table. 

The  Governor  and  Council  attended  in  the  representatives'  room  and 
appointed  Brigadier  Generals  and  County  officers,  after  which  they  re- 
turned to  their  Chamber.1     Adjourned  to*2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and,  Council  met  pursuant  to  ad- 
journment. A  message  was  received  from  the  House  by  Mr-  Haight, 
one  of  its  members,  informing  that  the  House  had  nonconcurred  in  the 
amendments  proposed  by  the  Governor  and  Council  to  the  bill  entitled 
M  An  act  fixing  a  time  for  holding  the  Supreme  Court  in  the  County  of 
Grand  Isle,"  and  after  assigning  the  reasons  of  the  House  he  withdrew. 
Whereupon  the  Governor  and  Council  resolved  to  recede  from  their 
said  amendments,  and  further  amendments  were  proposed  to  said  bill, 
which  were  read  and  adopted,  and  said  bill  was  passed  with  said  last  pro- 
posed amendments  and  Mr-  Wetmore  was  appointed  to  assign  reasons  to 
the  House. 

A  message  was  received  from  the  House  by  Mr-  Haight,  one  of  its 
members,  informing  that  the  House  had  repassed  the  bill  entitled  "An 
act  directing  the  Treasurer  to  pay  Clapp  Bolles  the  sum  therein  men- 
tioned," and  requesting  the  concurrence  of  the  Governor  and  Council, 
and  after  assigning  the  reasons  of  the  House  he  withdrew.  Whereupon 
an  amendment  was  proposed  to  said  bill,  which  was  read  and  adopted 
and  said  bill  passed  as  amended,  and  Mr-  Wetmore  is  appointed  to  as- 
sign reasons  to  the  House. 

A  message  was  received  from  the  House  by  Mr-  Royce,  one  of  its 
members,  informing  that  the  House  had  proposed  an  amendment  to  the 
bill  entitled  "  An  act  to  repeal  in  part  and  in  addition  to  an  act  entitled 
an  act  to  regulate  the  inspection  of  provisions  intended  to  be  exported 
from  this  state,  passed  October  31,  1823,"  and  requested  the  concurrence 
of  the  Governor  and  Council  in  the  same,  and  after  assigning  the  rea- 
sons of  the  House  he  withdrew;  whereupon  resolved  to  concur  with  the 
House  in  passing  said  bill  with  said  proposed  amendment,  and  the  Sec'y 
was  ordered  to  inform  the  House  accordingly. 

The  House  sent  up  the  following  bills  tor  revision  and  concurrence 
&c.  to  wit  — "An  act  to  ascertain  the  number  of  Sheep  in  this  State," 
which  was  read  ;  whereupon  resolved  not  to  concur  with  the  House  in 
passing  this  bill  and  reasons  for  their  nonconcurrence  were  assigned  in 
writing.  Ordered  that  the  Sec'?  return  said  bill  and  reasons  to  the 
House.  Also  "An  act  establishing  an  independent  Company. of  Cavalry 
in  the  town  of  Tunbridge,"  which  was  read  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  bill.  Also  "An  act  incorporating 
certain  persons  therein  mentioned  by  the  name  of  the  Vergennes  marble 
manufacturing  Company,"  which  was  read  ;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also  "An  act  laying  a  tax  on  the  township 
of  Ripton,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  granting  relief  to  the  towns  of  Danville,  Whee- 
lock  and  Sheffield,"  which  was  read  ;  whereupon  resolved  to  concur  with 
the  House  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the  House 
of  the- passage  of  the  last  mentioned  four  bills.  Also  "An  act  altering 
the  mode  of  appointing  the  Commissioners  of  jail  delivery,"  which  was 
read;  whereupon  resolved  not  to  concur  with  the  House  in  passing  this 

'The  Brigadier  Generals  elected  were  Martin  Roberts  and  James  L. 
Morton. 


152  Governor  and  Council — November  1824. 

bill   and  reasons   for   said  nonconcurrence   were  assigned   in  writing. 
Ordered  that  the  Sec'y  return  said  bill  and  reasons  to  the  House. 

The  Governor  and  Council  proceeded  to  the  appointment  of  a  Sur- 
veyor of  the  public  buildings  for  the  year  ensuing,  and  the  ballots  being 
taken  and  examined,  Joseph  Howes  was  declared  elected.  Adjourned 
to  9  Oclock  to  morrow  morning. 


Wednesday  Nov.  17, 1824.  9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.  Resumed 
the  consideration  of  the  bill  entitled  "An  act  to  incorporate  the  Cham- 
plain  ferry  Company  and  for  granting  a  ferry,"  which  was  read  ;  where- 
upon amendments  were  proposed  to  said  bill,  which  were  read  and 
adopted  and  said  bill  passed  as  amended,  and  reasons  were  assigned  in 
writing.  Ordered  that  the  Sec'>'  return  said  bill,  amendments  and 
reasons  to  the  House.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. A  message  was  received  from  the  House  by  Mr-  Keeler, 
one  of  its  members,  informing  that  the  House  have  non[con]curred  in 
the  amendment  proposed  by  the  Governor  and  Council  to  the  bill  enti- 
tled "An  act  in  addition  to  the  several  acts  defining  the  powers  of  Justi- 
ces of  the  peace,"  and  after  assigning  the  reasons  of  the  house  he  with- 
drew. Whereupon  the  Governor  and  Council  resolved  to  suspend  the 
passing  of  said  bill  until  the  next  session  of  the  legislature,  and  the 
Sec'y  was  ordered  to  inform  the  House  accordingly. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
houses  meet  in  the  representatives'  room,  on  the  19th-  day  of  Nov1"-  next 
[instant,]  at  9  Oclock  in  the  morning,  for  the  purpose  of  adjourning 
both  houses  without  day,"  which  was  read  ;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  resolution  and  the  Sec'*  was  ordered 
to  inform  the  House  accordingly. 

Mr-  Dana  of  Orange  County  presented  the  petition  of  Jedediah  Jeph- 
erson,  which  was  filed. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  incorporating 
the  Connecticut  river  Company,"  and  sundry  amendments  were  pro- 
posed to  the  same  which  were  read  and  adopted  ;  whereupon  resolved 
to  concur  with  the  House  in  passing  this  bill  with  said  proposed  amend- 
ments and  Mr-  Merrill  is  appointed  to  assign  reasons  to  the  House. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  to 
wit — "  An  act  directing  the  Treasurer  to  pay  Norman  Williams  the  sum 
therein  mentioned,"  which  was  read  ;  whereupon  resolved  to  concur 
with  the  House  in  passing  this  bill.  Also  "  An  act  in  addition  to  an  act 
to  incorporate  the  President,  Directors  and  Company  of  the  Bank  of 
Rutland,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  in  addition  to  an  act  entitled  an  act  constitut- 
ing a  company  of  Infantry  in  Chelsea  in  Orange  County,  passed  Nov. 
11,  1818,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  directing  the  Treasurer  to  pay  Joshua  Y.  Vail  the 
sum  therein  mentioned,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also  "  An  act  for  the  relief  of  Charles  Sweeny," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  M  An  act  to  establish  the  weight  of  rye,  corn,  and  oats,'1  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act 
directing  the  Treasurer  to  pay  Benjamin  Rolfe  the  sum  therein  men- 


Governor  and  Council — November  1824.  153 

tioned,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  laying  a  tax  of  four  cents  per  acre  on  the  town  of 
Salem,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  laying  a  tax  on  the  County  of  Essex,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act 
partially  to  revive  an  act  entitled  an  act  laying  a  tax  of  five  cents  per 
acre  on  the  town  of  Highgate,  passed  October  25,  1823,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  in 
addition  to  and  alteration  of  an  act  entitled  an  act  laying  a  tax  of  four 
cents  per  acre  on  the  town  of  Sutton  in  the  County  of  Caledonia,  passed 
Nov.  4,  1824, '  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the 
eleven  bills  last  mentioned. 

His  Excellency  the  Governor,  with  the  consent  of  the  Council,  was 
pleased  to  appoint  Daniel  Chipman  Esq.  to  be  Reporter  of  the  decisions 
of  the  Supreme  Court,  for  the  year  ensuing.  Adjourned  to  9  Oclock  to- 
morrow morning. 


Thursday  Nov.  18,  1824.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The 
House  sent  up  the  following  bill  for  revision  and  concurrence  &c.  to 
wit,  "  An  act  to  authorise  Calista  Smith,  Guardian  of  David  Smith  and 
Marston  Cabot  Smith,  to  sell  the  real  estate  of  her  wards,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill. 

The  House  sent  up  a  resolution  of  the  12th  instant,  directing  the  Quar- 
ter Master  General  to  inquire  into  the  state  of  the  ordnance  heretofore 
delivered  to  Capt.  Kingman,  Which  was  read;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  resolution — ordered  that  the  Sec'y 
inform  the  House  accordingly. 

The  House  sent  up  the  resolution  of  the  19.  of  Octr-  upon  that  part  of 
the  Governor's  speech  which  relates  to  General  Lafayette,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  a  select  commit- 
tee of  three  to  join;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence and  Mr-  Merrill  is  appointed  from  Council. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit — "An  act  in  addition  to  an  act  entitled  an  act  authorising  the 
Visitors  of  the  State  prison  to  procure  a  bell  and  for  other  purposes, 
passed  October  31,  1811,"  which  was  read,  and  thereupon  amendments 
were  proposed  to  the  same  which  were  read  and  adopted  ;  whereupon 
resolved  to  concur  with  the  House  in  passing  this  bill  with  said  proposed 
amendments  ;  and  reasons  for  the  same  were  assigned  in  writing  — 
ordered  that  the  Sec'^  return  said  bill  and  reasons  to  the  House.  Also 
"An  act  to  revive  an  act  establishing  a  County  Grammar  School  in  the 
town  of  Guildhall  in  the  County  of  Essex  and  for  other  purposes," 
which  was  read,  whereupon  resolved  to  concur  in  passing  this  bill  — 
ordered  that  the  Sec'^  inform  the  House  accordingly.  Also  "An  act  for 
the  relief  of  Leonard  Deming,"  which  was  read;  whereupon  resolved  not 
to  concur  with  the  House  in  passing  this  bill  and  their  reasons  were  as- 
signed in  writing — ordered  that  the  Sec?  return  said  bill  and  reasons  to  the 
House.  Also  "  An  act  incorporating  the  Vermont  fire  insurance  Com- 
pany," with  [which]  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill — ordered  that  the  Sec'^  inform  the  House  of  the  same. 

Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment.   The  House  sent  up  the  following  bills  for  revision  and  con- 


154  Governor  and  Council — November  1824. 

currence  &c.  to  wit,  ''An  act  in  addition  to  an  act  entitled  an  act  direct- 
ing the  levying  and  serving  executions,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  directing  the 
Treasurer  to  pay  Joseph  Brown  the  sum  therein  mentioned,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
laying  a  tax  on  the  township  of  Canaan,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  in  addition  to  an 
act  entitled  an  act  constituting  Probate  Courts  and  denning  their  pow- 
ers and  regulating  the  settlement  of  testate  and  intestate  estates  and 
the  Guardianship  of  minors  and  insane  persons,  passed  Nov.  15,  1821," 
which  was  read  ;  whereupon  resolved  to  concur  with  the  House  in  pass- 
ing this  bill.  Also  "An  act  appointing  an  agent  for  certain  purposes," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
"Also  an  act  in  addition  to  an  act  entitled  an  act  reducing  into  one 
the  several  acts  for  laying  out,  making,  repairing  and  clearing  high- 
ways," which  was  read  ;  whereupon  resolved  to  concur  with  the  House 
in  passing  this  bill.  Ordered  that  the  Sec'^  inform  the  House  of  the 
passage  of  the  six  bills  last  mentioned.  Also  "An  act  designating  a  place 
for  the  meeting  of  the  electors,"  which  being  read,  amendments  were 
proposed  to  the  same,  which  were  read  and  adopted;  whereupon  resolved 
to  concur  in  passing  this  bill  with  said  proposed  amendments,  and  Mr- 
Wetmore  is  appointed  to  assign  reasons  to  the  House.  Also  "An  act  in 
addition  to  an  act  entitled  an  act  constituting  the  Supreme  Court  of 
Judicature  and  County  Courts,  denning  their  powers  and  regulating 
judicial  proceedings,"  which  being  read,  amendments  were  proposed  to 
the  same  which  were  read  and  adopted  ;  whereupon  resolved  to  concur 
with  the  House  in  passing  this  bill  with  said  proposals  of  amendments, 
and  reasons  for  the  same  were  assigned  in  writing. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  his  Ex- 
cellency the  Governor  be  requested,  in  behalf  of  the  people  of  this  State, 
to  invite  General  La  Fayette  to  extend  his  tour  into  Vermont,  and 
honour  its  citizens  with  his  presence;  and  that  his  Excellency  direct  such 
military  and  other  arrangements  for  the  reception  of  so  beloved  and  de- 
serving a  guest,  as  will  comport  with  the  occasion,"  which  was  read  ; 
whereupon  resolved  to*  concur  with  the  House  in  passing  this  resolution, 
and  the  Sec'?  was  ordered  to  inform  the  House  accordingly.  Adjourned 
to  6  Oclock  P.  M. 

6  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. A  message  was  received  from  the  House  by  Mr-  Chase,  one 
of  its  members,  informing  that  the  House  had  nonconcured  in  the 
amendments  proposed  by  the  Governor  and  Council  to  the  bill  entitled 
"  An  act  for  the  relief  of  Leonard  Deming,"  and  after  assigning  the  rea- 
sons of  the  House  he  withdrew.  Whereupon  Resolved  to  Suspend  the 
passing  of  said  bill  until  the  next  Session  of  the  Legislature,  and  the 
Sec'y  was  ordered  to  inform  the  House  accordingly. 

The  House  sent  up  the  following  bills  for  concurrence,  revision  &c.  to 
wit — "  An  act  in  addition  to  the  several  acts  for  laying  out,  making,  re- 
pairing and  clearing  highways,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  authorising  the  Quarter 
Master  General  to  furnish  certain  apparatus  for  an  artillery  Company  in 
Hartland,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.'  Also  "  An  act  providing  for  the  building  of  a  State  Arsenal," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  in  addition  to  an  act  directing  the  mode  of  taking  forfeit- 
ures of  grants  and  charters,"  which  was  read;  whereupon  resolved  to 


Governor  and  Council — November  1824.  155 

concur  with  the  House  in  passing  this  bill.  Also  "  An  act  granting  fur- 
ther time  to  make  a  road  in  the  town  of  Beading,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  bill— ordered  that  the -Sec'? 
inform  the  House  of  the  passage  of  the  five  bills  last  mentioned.  Also 
"An  act  in  addition  to  the  several  acts  defining  the  powers  of  justices  of 
the  peace  within  this  State,"  which  was  read;  whereupon  resolved  not 
to  concur  with  the  House  in  passing  this  bill,  and  reasons  for  the  same 
were  assigned  in  writing — ordered  that  the  Sec'?  return  said  bill  and 
reasons  to  the  House.  Also,  "  An  act  to  provide  for  printing  the  laws 
of  this  State,"  which  was  read;  whereupon  resolved  to  concur  with  the 
House  in  passing  this  bill.  Also  "  An  act  authorising  the  Supreme 
Court  to  sustain  the  petition  of  Truman  Chittenden  for  a  new  trial," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  for  annexing  a  part  of  the  town  of  Bristol  in  the  County 
of  Addison  to  the  town  of  Lincoln,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  annexing  the  town 
of  Newark  in  the  County  of  Essex  to  the  County  of  Caledonia,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  assessing  a  tax  on  the  County  of  Caledonia,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  assessing  a 
tax  for  the  support  of  government,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill — ordered  that  the  Sec'?  inform  the 
House  of  the  passage  of  the  six  bills  last  mentioned. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  In  General  Assembly  Nov-  18,  1824.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  his  Excellency  the  Governor  be,  and  he 
is  hereby,  authorised  and  requested  to  appoint  some  suitable  person  to 
settle  with  the  administrator  of  David  Edmond  Esq.  deceased,  late 
agent  for  this  State  in  the  suit  in  favour  of  the  Society  for  propagating 
the  gospel  in  foreign  parts,  against  the  town  of  New  Haven.  And  to 
settle  with  the  Hon.  Daniel  Webster,  counsel  in  said  cause.  And  the 
Treasurer  of  this'State  is  directed  to  pay  said  Agent  the  balance  of  the 
appropriation  heretofore  made  for  that  purpose.  And  the  agent  so  to 
be  appointed  is  hereby  directed  to  make  report  of  his  doings  in  the 
premises  to  the  next  session  of  the  legislature."  Which  was  read; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  resolution. 

Also  "An  act  for  the  relief  of  Elias  Hall,"  which  was  read;  whereupon 
resolved  not  to  concur  with  the  House  in  passing  this  bill  and  the 
reasons  of  the  Governor  and  Council  were  assigned  in  writing.  Ordered 
that  the  Sec'?  return  said  bill  and  reasons  to  the  House.  Also  "An  act 
laying  a  tax  of  four  cents  per  acre  on  all  the  lands  in  the  town  .of  Jay," 
which  was  read  :  whereupon  resolved  to  concur  with  the  House  in 
passing  this  bill.  Also  "An  act  in  addition  to  an  act  entitled  an  act 
defining  what  shall  be  deemed  and  adjudged  le^al  settlement,  and  for 
the  support  of  the  poor,  for  designating  the  duties  of  the  overseers  of 
the  poor,  and  for  the  punishment  of  idle  and  disorderly  persons,  passed 
March  3d- 1797,"  which  was  read  ;  whereupon  resolved  to  concur  with 
the  House  in  passing  this  bill.  Ordered  that  the  Sec'?  inform  the  House 
of  the  passage  of  the  two  bills  last  mentioned.  Also  "An  act  laying  a 
tax  of  four  cents  per  acre  on  the  town  of  Walden,"  which  was  read  ; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  bill.  Also 
"An  act  for  the  relief  of  Zacheus  Cook,"  which  was  read;  whereupon 
resolved  to  concur  with  the  House  in  passing  this  bill.  Also  "An  act 
authorising  the  Judge  of  Probate  for  the  District  of  Bradford  to  renew 
the  commission  therein  mentioned,"  which  was  read  ;  whereupon  re- 
solved to  concur  with  the  House  in  passing  this  bill.  Adjourned  to  6 
Oclock  tomorrow  morning. 


156  Governor  and  Council — November  1824. 

Friday  Nov.  19, 1824.    6  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  A  message 
was  received  from  the  House  by  Mr-  Hunt  of  Fairfax,  one  of  its  mem- 
bers, informing  that  the  House  had  repassed  the  bill  entitled  "An  act*  in 
addition  to  the  several  acts  defining  the  powers  of  Justices  of  the 
peace  within  this  State,"  and  after  assigning  the  reasons  of  the  House 
he  withdrew.  Whereupon  amendments  were  proposed  to  said  bill 
which  were  read  and  adopted  ;  and  thereupon  resolved  to  concur  with 
the  House  in  passing  this  bill,  with  said  proposals  of  amendment,  and 
reasons  for  the  same  were  assigned  in  writing. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"Nov.  18, 1824.  Resolved,  the  Governor  and  Council  concurring  here- 
in, that  the  Treasurer  of  this  State  pay  Jonathan  Fassett  One  hundred 
Dollars,  out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
on  his  giving  his  discharge  to  the  State  of  Vermont,  as  being  in  full 
from  the  beginning  of  the  government  of  Vermont  to  this  day."  Which 
was  read  ;  whereupon  resolved  not  to  concur  with  the  House  in  passing 
this  resolution  and  their  reasons  for  nonconcurrence  were  assigned  in 
writing.  Ordered  that  the  Sec>  return  said  resolution  and  reasons  to 
the  House. 

A  message  was  received  from  the  House  by  Mr-  Hunt  of  Fairfax,  one 
of  its  members,  informing  that  the  House  had  repassed  the  bill  entitled 
"An  act  altering  the  mode  of  appointing  commissioners  of  jail  delivery," 
and  after  assigning  the  reasons  of  the  House  he  withdrew  ;  whereupon 
amendments  were  proposed,  which  were  read  and  adopted  ;  and  there- 
upon the  Governor  and  Council  resolved  to  concur  with  the  House  in 
passing  this  bill,  with  said  proposals  of  amendment,  and  reasons  for  the 
same  were  assigned  in  writing.  Ordered  that  the  Sec'?  return  said  bill 
and  reasons  to  the  House. 

A  message  was  received  from  the  House  by  Mr-  Hutchinson,  one  of  its 
members,  informing  that  the  House  had  repassed  the  bill  entitled  *'  An 
act  for  the  relief  of  Elias  Hall,"  and  after  assigning  the  reasons  of  the 
House  he  withdrew.  Whereupon  an  amendment  was  proposed  and 
adopted,  and  thereupon  it  was  resolved  to  concur  with  the  House  in 
passing  this  bill  with  said  proposal  of  amendment,  and  reasons  for  the 
same  were  assigned  in  writing.  Ordered  that  the  Sec'*  return  said  bill 
and  reasons  to  the  House. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit,  "An  act  for  the  relief  of  John  Orcutt,"  which  was  read; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  bill.  Also 
"  An  act  in  addition  to  an  act  entitled  an  act  to  prevent  forcible  entry 
and  detainer,"  which  was  read;  whereupon  resolved  to  concur  with  the 
House  in  passing  this  bill.  Ordered  that  the  Sec'?  inform  the  House  of 
the  passage  of  the  two  bills  last  mentioned.  Also  "  An  act  in  addition 
to  and  explanation  of  an  act  entitled  an  act  constituting  Probate  Courts 
and  defining  their  powers  and  regulating  the  settlement  of  testate  and 
intestate  estates  and  the  Guardianship  of  minors  and  insane  persons," 
which  was  read;  whereupon  resolved  not  to  concur  with  the  House  in 
passing  this  bill,  and  their  reasons  for  nonconcurrence  were  assigned  in 
writing.     Ordered  that  the  Sec'y  inform  the  House  of  the  same. 

Received  from  the  Speaker  of  the  House  a  communication  informing 
that  the  House  had  concurred  in  the  amendments  proposed  by  the  Govr- 
and  Council  to  the  following  bills  to  wit — u  An  act  designating  the  place 
of  the  meeting  of  the  electors  ;  An  act  in  addition  to  an  act  entitled  an 
act  authorising  the  Visitors  of  the  State  prison  to  procure  a  bell  and  for 
other  purposes,  passed  October  31,  1811;  An  act  incorporating  the  Con- 
necticut river  Company;  An  act  to  incorporate  the  Champlain  ferry 


Governor  and  Council — November  1824.  157 

Company  and  for  granting  a  ferry,  and  An  act  incorporating  certain 
persons  therein  named  by  the  name  of  the  Essex  bridge  Company." 

The  Governor  and  Council  proceeded  to  appoint  three  commissioners 
to  designate  the  place  for  the  building  of  a  State  Arsenal,  and  to  pur- 
chase ground  for  the  same,  agreeabl}7  to  the  provisions  of  an  act  entitled 
"  An  act  providing  for  the  building  of  a  State  Arsenal."  And  the  bal- 
lots being  taken  and  examined,  the  Hon.  Ezra  Butler,  Stephen  Haight, 
and  Charles  K.  Williams,  having  a  majority,  were  declared  duly  elected 
Commissioners  to  perform  that  service. 

A  message  was  received  from  the  House  by  Mr-  Hutchinson,  one 
of  its  members,  informing  that  the  House  had  repassed  the  bill 
entitled  "  an  act  in  addition  to  and  explanation  of  an  act  entitled 
an  act  constituting  Probate  Courts  and  defining  their  powers  and 
regulating  the  settlement  of  testate  and  intestate  estates  and  the  Guar- 
dianship of  minors  and  insane  persons,"  and  after  assigning  the  reasons 
of  the  House  he  withdrew.  Whereupon  amendments  were  proposed  to 
said  bill,  which  were  read  and  adopted  and  the  Governor  and  Council 
resolved  to  concur  with  the  House  in  passing  this  bill  with  said  propo- 
sals of  amendment,  and  reasons  for  the  same  were  assigned  in  writing. 

A  communication  was  received  from  the  Speaker  of  the  House  in- 
forming that  the  House  had  concurred  in  the  amendments  proposed  by 
the  Governor  and  Council  to  the  following  bills  to  wit — '•  An  act  in  ad- 
dition to  an  act  entitled  an  act  constituting  the  Supreme  Court  of  Judi- 
cature and  County  Courts,  defining  their  powers  and  regulating  judicial 
proceedings,"  and  "  An  act  in  addition  to  and  explanation  of  an  act  con- 
stituting Probate  Courts  and  defining  their  powers  and  regulating  the 
settlement  of  testate  and  intestate  estates  and  the  Guardianship  of 
minors  and  insane  persons." 

A  message  was  received  from  the  House  by  Mr-  Adams,  one  of  its 
members,  informing  that  the  House  had  completed  the  business  of  the 
session,  and  that  they  are  ready  to  adjourn  without  day,  agreeably  to  the 
joint  resolution  of  both  Houses — whereupon  it  was  ordered  that  the  Sec'^ 
inform  the  House  that  the  Governor  and  Council  will  immediately  at- 
tend in  the  representatives'  room  for  the  purpose  of  adjourning  the  Gen- 
eral Assembly  without  day.  The  Governor  and  Council  attended  in  the 
House  of  representatives,  and  after  an  address  to  the  throne  of  grace  by 
the  Chaplain, »the  General  Assembly  was  adjourned  without  day.  The 
Governor  and  Council  returned  to  the  Council  Chamber  and  adjourned 
without  day. 

State  of  Vermont. — The  foregoing  from  page  81  to  page  190  in- 
clusive [of  manuscript  Council  Journal  marked  Vol.  10,]  is  a  true  Jour- 
nal of  the  proceedings  of  the  Governor  and  Council  at  their  annual 
session  in  the  year  1824.  D.  Kellogg,  Sec'v- 


158 


G-overnor  and  Council — November  1824. 


No. 

Ain't 

No. 

Am't. 

Debenture  op  Council,  1824. 

Miles 

of 

days 

of 

Debenture. 

Travel. 

Travel. 

Att'nce. 

Att'nce. 

Mr  Pratt 

100 

12.00 

1 

1.50 

13.50 

"    Dana  of  C. 

30 

3.60 

21 

31.50 

35.10 

Lieut.  Governor  Leland 

80 

9.60 

37 

148. 

157.60 

M>  Berry 

75 

9.0Q 

37 

55.50 

64.50 

"     Butler 

12 

1.44 

37 

55.50 

56.94 

"    Chittenden 

30 

3.60 

'37 

55.50 

59.10 

"    Dana  of  0. 

22 

2.64 

37 

55.50 

58.14 

"    Holley 

60 

7.20 

37 

55.50 

62.70 

"     Langdon 

72 

8.64 

37 

55.50 

64.14 

"     Merrill 

122 

14.64 

36 

54.00 

68.64 

"     Proctor 

71 

8.52 

37 

55.50 

64.02 

"    Koberts 

130 

15.60 

36 

54.00 

69.60 

"    Stanley 

32 

3.84 

37 

55.50 

59.54 

"    Wetniore 

60 

7.20 

37 

5550 

62.70 

Sheriff- 

12 

1.44 

37 

55.50 

56.94 

Deputy 

12 

1.44 

37 

55.50 

56.94 

Mr-  Judd  not  included  in  de- 

denture  of  1823, 

60 

7.20 

2 

3.00 

10.20 

$1020.10 

The  above  Debenture  was  recd-  of  the  Treasurer  by  the  Sheriff,  and  by 
him  paid  over  to  the  members  &c.  D.  Kellogg,  Sec'y* 


FORTY -NINTH   COUNCIL, 

OCTOBER  1825  TO  OCTOBER  1826. 


Cornelius  P.  Van  Ness,  Burlington,  Governor. 
Aaron  Leland,  Chester,  Lieutenant  Governor. 


Councillors: 


Ezra  Butler,  Waterbury, 
Samuel  C.  Crafts,'  Craftsbury, 
Chauncey  Langdon,  Castleton, 
Truman  Chittenden,  Williston, 
Seth  Wetmore,  St.  Albans, 
Josiah  Dana,  Chelsea, 


Israel  P.  Dana,  Danville, 
Jabez  Proctor,  Cavendish, 
Samuel  H.  Holley,  Middlebury, 
John  Koberts,  Whitingham. 
Orsamus  C.  Merrill,  Benn'gton, 
Robert  Pierpoint,  Rutland. 


Daniel  Kellogg,  Rockingham,  Secretary. 

John  Peck,  Waterbury,  Sheriff. 

J.  Starkweather,  Waterbury,  Deputy. 


BIOGRAPHICAL  NOTICE. 

Robert  Pierpoint  was  born  at  Litchfield,  Conn.,  May  4  1791,  sec- 
ond son  of  David  Pierpoint  (born  in  New  Haven,  Conn.,  July  26  1764,) 
and  Sarah  Phelps,  (born  in  Litchfield,  Conn.,  Oct.  4  1766,)  who  was  sis- 
ter of  the  father  of  the  late  distinguished  jurist  and  Senator,  Samuel 
S.  Phelps  of  Middlebury.  At  the  age  of  seven,  Robert  came  to  Man- 
chester to  live  with  his  uncle  Robert,  and  for  nine  years,  with  broken 
health  and  almost  a  cripple  from  rheumatism,  he  dwelt  in  his  uncle's 
inn,  improving  his  opportunities  for  studying  character,  attending  the 
common  school  occasionally,  and  reading  all  the  books  he  could  get. 
At  sixteen  he  entered  the  law  office  of  Hon.  Richard  Skinner  ;  in  June 
1812  was  admitted  to  the  bar  of  Bennington  county,  and  in  the  same 
year  removed  to  Rutland.  Almost  immediately  he  was  brought  into 
public  service  as  deputy  collector  of  the  direct  tax  occasioned  by  the  war 

1  For  notice  of  Mr.  Crafts,  see  Vol.  v,  p.  239. 


160  Governor  and  Council — October  1825. 

of  1812-'lo— a  difficult  task,  which  was  faithfully  and  successfully  per- 
formed. He  represented  Kutland  in  the  General  Assembly  1819,  1823 
and  1857,  and  in  the  Constitutional  Conventions  of  1822  and  1828;  was 
Councillor  1825  until  1831,  Judge  of  Probate  in  1831,  Clerk  of  the  House 
of  Representatives  1832  and  1838,  County  Clerk  June  1820  until  April 
1839,  Trustee  of  the  University  of  Vermont  1823  to  1833,  State  Senator 
1836  until  1840,  Lieut.  Governor  in  1848  and  '49,  and  Judge  of  the  State 
Circuit  Court  1850  to  '56.  He  received  the  honorary  degree  of  Master 
of  Arts  from  both  Middlebury  College  and  the  University  of  Vermont. 
He  died  at  Rutland,  Sept.  23  1864,  aged  73  years,  "  without  a  personal 
enemy,  full  of  years  and  full  of  honors."  He  united  with  the  Congrega- 
tional Church  in  Rutland,  March  5  1826.  Hon.  John  Pierpolnt  of  Ver- 
gennes,  Chief  Justice  of  the  Supreme  Court  of  Vermont,  is  the  youngest 
brother  (born  Sept.  10  1805,)  of  Judge  Robert  Pierpoint  —  Vermont  His- 
torical Magazine,  Vol.  in,  pp.  1110-1112. 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   WITH  THE   GENERAL   ASSEMBLY   AT  MONTPE- 
LIER,  OCTOBER  1825. 


State  of  Vermont  ss. 

A  Journal  of  the  proceedings  of  the  Gov.  and  Council  at  their  Session 
begun  and  held  at  Montpelier  in  said  State  on  the  2d-  Thursday  of  Octo- 
ber in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty 
five,  being  the  thirteenth  day  of  the  month  and  in  the  Fiftieth  year  of  the 
Independence  of  the  United  States.  Present,  His  Excellency  C.  P. 
Van  Ness,  Gov.  His  Honor  Aaron  Leland,  Lieut.  Gov.  The  Hon. 
Joseph  Berry,  Ezra  Butler,  Josiah  Dana,  Israel  P.  Dana,  Samuel  H. 
Holley,  Chauncey  Langdon,  Jabez  Proctor,  John  Roberts,  Orsamus  C. 
Merrill,  Truman  Chittenden,  Seth  Wetmore  of  the  Council. 

A  message  was  received  from  the  House  of  representatives  by  Mr- 
Bates,  one  of  its  members,  informing  the  Gov.  and  Council  that  the 
House  had  organized  by  electing  D.  A.  A.  Buck  Speaker  pro  tem.  and 
Timothy  Merrill  Clerk  pro  tem.  and  that  the  House  was  ready  to  receive 
any  communication  which  the  Gov.  and  Council  might  be  pleased  to 
make,  and  he  withdrew.  Ordered  that  the  Sec'y  inform  the  House 
of  representatives  that  the  Gov.  and  a  quorum  of  the  Council  are  assem- 
bled in  the  Council  Chamber  and  are  ready  to  proceed  to  business. 

A  message  was  received  from  the  House  of  representatives  by  Mr- 
Fitch,  one  of  its  members,  informing  the  Governor  and  Council  that  the 
House  had  on  their  part  appointed  a  committee   to  receive,  sort  and 


Governor  and  Council — October  1825.  161 

count  the  votes  for  Gov.,  Lieut.  Gov.,  Treasurer  and  Councillors,  and 
requested  the  Gov.  &  Council  to  join  in  said  appointment,  and  he 
withdrew.  Whereupon  the  Gov.  and  Council  proceeded  to  appoint  a 
committee  to  join  such  committee  on  the  part  of  the  House  and  Messrs. 
Holley,  Roberts  and  Dana  of  Caledonia  were  appointed  and  sworn. 
Ordered,  that  the  Sec'y  inform  the  House  of  representatives  that  the 
Gov.  and  Council  had  on  their  part  appointed  a  committee  to  receive, 
sort  and  count  the  votes  for  Gov.,  Lieut.  Gov.,  Treasurer  and  Council- 
lors for  the  ensuing  year.    Adjourned  to  4  Oclock  P.  M.1 

4  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. A  message  was  received  from  the  House  of  representatives  by 
Mr-  Temple,  one  of  its  members,  informing  the  Gov.  and  Council  that 
the  House  had  assembled  and  was  ready  to  receive  the  report  of  the 
Canvassing  Committee,  and  he  withdrew.  Ordered  that  the  Sec'?  in- 
form the  House  of  representatives  that  the  Gov.  and  Council  will  imme- 
diately attend  in  the  representatives'  room  to  receive  the  report  of  the 
Canvassing  Committee. 

The  Gov.  and  Council  attended  in  the  representatives'  room  when  the 
following  report  was  made  to  wit — 

To  the  Hon.  General  Assembly,  now  sitting  :  The  Committee  ap- 
pointed to  receive,  sort  and  count  the  votes  for  Gov.,  Lieut.  Gov.,  Treas- 
urer and  Councillors  for  the  year  ensuing  report  and  declare  that  His 
Ex'y  Cornelius  P.  Van  Ness  is  elected  Govr>  His  Honor  Aaron  Leland  is 
elected  Lieut.  Gov.,  Benjamin  Swan  Esq.  is  elected  Treasurer,  and  that 
the  Hon.  Israel  P.  Dana,  Ezra  Butler,  Seth  Wetmore,  John  Roberts, 
Truman  Chittenden,  Jabez  Proctor,  Orsamus  C.  Merrill,  Chauncey 
Langdon,  Samuel  H.  Holley,  Josiah  Dana,  Samuel  C.  Crafts  &  Robert 
Pierpoint  are  elected  Councillors  for  the  year  ensuing. 

Samuel  H.  Holley,  for  Committee.2 

After  which  the  Gov.  and  Council  returned  to  their  Chamber.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Fuiday  October  14, 1825.     9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  A  message  was 
received  from  the  House  of  representatives  by  Mr-  Kellogg,  one  of  its 
members,  informing  the  Gov.  and  Council  that  the  House  had  organized 
by  electing  D.  Azro  A.  Buck  Speaker,  Norman  Williams  Sec'y  of  State, 
Timothy  Merrill  Clerk,  and  O.  H.  Smith  Engrossing  Clerk,  and  he  with- 
drew. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"In  General  Assembly  October  14,  1825.  Resolved,  the  Gov.  and 
Council  concurring  herein,  that  both  Houses  meet  in  the  representa- 
tives' room  at  two  Oclock  this  afternoon,  for  the  purpose  of  electing  a 
chaplain  of  the  General  Assembly  for  the  year  ensuing,"  which  was 
read;  whereupon  Resolved  to  concur  with  the  House  in  passing  this  res- 
olution.    Ordered  that  the  Sec'y  inform  the  House  accordingly. 

His  Honor  the  Lieut.  Gov.  elect,  and  the  Honorable  Councillors  elect, 
appeared  in  the  Council  Chamber,  immediately  attended  in  the  repre- 
sentatives' room  and  in  the  presence  of  the  House  took  and  subscribed 
the  oaths  of  office,  when  they  returned  to  the  Council  Chamber. 

1  The  election  sermon  was  preached  by  Rev.  Robert  Bartlett. 
"No  statement  of  the  votes  for  Governor,  either  official  or  unofficial, 
has  been  found. 
11 


162  Governor  and  Council — October  1825. 

A  great  number  of  petitions  for  pardon,  from  convicts  in  the  state 
prison,  were  received  and  filed.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  Gov.  and  Council  attended  in  the  House  of  represent- 
atives, where  His  Ex'y  the  Gov.  [after  being  sworn]  delivered  the  follow- 
ing Speech.1     The  Gov.  and  Council  returned  to  their  Chamber. 

The  petition  of  Daniel  Butler,  for  pardon,  was  taken  up,  read,  and  on 
motion  ordered  to  lie  on  the  table.  The  petition  of  John  Barnes,  for 
pardon,  was  taken  up,  read,  and  on  motion  of  Mr-  Dana  of  O.  ordered  to 
be  dismissed.  The  petition  of  Paul  Brown,  for  pardon,  was  taken  up, 
read  and  on  motion  of  Mr-  Butler  ordered  to  be  dismissed.  The  petition 
of  Samuel  Cossett,  for  pardon,  was  taken  up,  read,  and  on  motion  or- 
dered to  lye  on  the  table.  The  petition  of  Eseck  Comstock,  for  pardon, 
was  taken  up,  read,  and  on  motion  of  the  Lieut.  Gov.  ordered  to  be  dis- 
missed. The  petition  of  Abraham  Conkling,  for  pardon,  was  taken  up, 
read,  and  on  motion  of  Mr  Dana  of  O.  ordered  to  be  dismissed.  The 
petition  of  Jeremiah  Downey,  for  pardon,  was  taken  up,  read,  and  on 
motion  of  Mr-  Butler  ordered  to  be  dismissed.  The  petition  of  Thomas 
Dean,  for  pardon,  was  taken  up,  read,  and  on  motion  of  the  Lieut.  Gov. 
ordered  to  be  dismissed.  The  petition  of  Samuel  Dolloff,  for  pardon, 
was  taken  up,  read  and  on  motion  of  Mr-  Roberts  ordered  to  be  dismissed. 
The  petitions  of  Samuel  Dibble,  Charles  Emerson,  David  Fowler,  Jo- 
seph Faryall  and  Israel  D.  Frost,  for  pardon,  were  severally  taken  up, 
read,  and  on  motion  ordered  to  be  dismissed.  The  petitions  of  Thomas 
Gilbert,  William  Gary,  William  Going,  Burgess  Guinos,  Selah  Hickox, 
and  Allen  Howard,  for  pardon,  were  severally  taken  up,  read,  and  on 
motion  ordered  to  be  dismissed.  The  petitions  of  James  Harvey,  John 
Hunt,  Reuben  T.  Hathaway,  Adonijah  T.  Hewett,  Anthony  Jeffreys, 
James  Murphy,  Edward  Meons,  William  H.  Nickols  and  Charles  K. 
Parkhurst,  were  severally  taken  up,  read,  and  on  motion  ordered  to  be 
dismissed.  The  petitions  of  Reuben  Rollins,  Randall  Sumner,  Henry 
L.  Stearns,  Philip  Shepard,  William  Twombly,  John  B.  Tumas,  Stephen 
Twiste,  John  Utley,  Alexander  Wightman  and  E.  Welch,  for  pardon, 
were  severally  taken  up,  read,  and  on  motion  ordered  to  be  dismissed. 

The  Gov.  and  Council  attended  in  the  Representatives'  room,  and  in 
conjunction  with  the  House  of  representatives  elected  a  Chaplain  to  the 
General  Assembly,  after  which  they  returned  to  their  Chamber.2 

Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  October  15,  [1825.]    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  petition  of 
David  Norris,  for  pardon,  was  taken  up,  read,  and  on  the  question  "Shall 
the  said  David  Norris  be  discharged  from  his  confinement  ?"  It  was  de- 
cided in  the  affirmative — yeas  11,  nays  0.  Those  who  voted  in  the 
affirmative  are  the  Lieut.  Gov.,  Messrs.  Butler,  Chittenden,  Dana  of  O., 
Dana  of  C,  Holley,  Langdon,  Merrill,  Proctor,  Roberts  and  Wetmore. 

The  House  sent  up  the  following  for  concurrence  in  the  reference, 
to  wit,  The  petitions  of  Absalom  Peters,  of  Charles  Cushman,  of  Ichabod 
Onion  &  Rufus  Atwood,  of  Bliss  B.  Thatcher,  of  Lyman  Raymond,  and 
the  account  of  Asa  Knight,  with  an  order  of  the  House  on  each,  that  the 

*  For  the  speech  see  Appendix  A. 
8  Rev.  John  E.  Palmer  was  elected. 


Governor  and  Council — October  1825.  163 

same  be  referred  to  the  Committee  of  Claims;  whereupon  resolved  to 
concur  in  said  orders  of  reference.  The  House  sent  up  the  petition  of 
Enos  Harrington  and  others,  with  an  order  thereon  that  the  same  be 
referred  to  the  Land  tax  Committee;  whereupon  resolved  to  concur 
in  said  order  of  reference.  The  House  sent  up  the  petition  of  Hor- 
ace Boardman  &  others,  and  of  Henry  Stevens  &  others,  with  an  order 
of  the  House  on  each,  that  the  same  be  referred  to  the  Committee  on 
Manufactures, — Concurred  in  said  order  of  reference.  The  House  sent 
up  the  petition  of  Conant  Sawyer  and  William  Knowlton  2d>  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Commit- 
tee raised  on  the  petition  of  Moses  Lyon;  whereupon  resolved  to  concur 
in  said  order  of  reference.  The  House  sent  up  the  petition  of  William 
Henry  &  others,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Committee  on  education;  whereupon  resolved  to  concur  in 
said  order  of  reference.  The  House  sent  up  the  petition  of  C.  H.  Ham- 
mond, with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Turnpike  and  Land  tax  Committee;  whereupon  resolved  to  concur 
in  said  order  of  reference.  The  House  sent  up  the  following  for  con- 
currence in  the  reference,  the  petition  of  Aaron  Barrows  and  Harvey 
Deming,  of  Lyman  Granger  and  others,  of  the  Selectmen  of  Peru,  and 
the  report  of  the  Auditor  in  the  Treasury  Department,  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  Committee  of  Ways 
and  Means;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  petition  of  John  R.  Page,  for  pardon,  was  taken  up  and  read  and 
the  question  put  "  Shall  the  said  John  R.  Page  be  discharged  from  con- 
finement ?"  which  was  determined  in  the  affirmative — Yeas  9,  Nays  2. 
Those  who  voted  in  the  affirmative  are  the  Lieut.  Gov.,  Messrs.  Butler, 
Chittenden,  Dana  of  C,  Holley,  Langdon,  Merrill,  Proctor,  Roberts  and 
Wetmore — those  who  voted  in  the  negative  are  Messrs.  Butler  and  Dana 
of  O.'  The  petition  of  John  O.  Connell,  for  pardon,  was  taken  up,  read 
and  the  question  put  "  Shall  the  said  John  O.  Connell  be  discharged 
from  confinement  ?"  which  was  determined  in  the  affirmative.  Those 
who  voted  in  the  affirmative  are  the  Lieut.  Gov.,  Messrs.  Butler,  Chit- 
tenden, Dana  of  C,  Holley,  Langdon,  Merrill,  Proctor,  Roberts  and 
Wetmore.  Mr-  Dana  of  O.  voted  in  the  negative.  The  petition  of  Mer- 
iner  Floyd,  for  pardon,  was  taken  up,  read  and  the  question  put  "  Shall 
the  said  Meriner  Floyd  be  discharged  from  confinement  ?"  which  was 
decided  in  the  affirmative  by  an  unanimous  vote.  The  petitions  of  Sam- 
uel Cossett,  James  Bennet,  James  Converse,  Nelson  Douglass,  Jacob  B. 
Gage,  John  Johnson  and  John  Murrey,  for  pardon,  were  severally  taken 
up,  read  and  on  motion  ordered  to  be  dismissed.  Adjourned  to  2  Oclock 
P.M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adiourn- 
ment.  The  petition  of  David  Wetherbee,  for  pardon,  was  taken  up  and 
the  question  put  "Shall  the  said  David  Wetherbee  be  discharged  from 
confinement?"  which  was  decided  in  the  affirmative — yeas  7,  nays  3. 
Those  who  voted  in  the  affirmative  are  The  Lieut.  Gov.,  Messrs.  Chit- 
tenden, Dana  of  O.,  Dana  of  C,  Merrill,  Proctor  and  Wetmore. — 
Those  who  voted  in  the  negative  are  Messrs.  Holley,  Langdon  and 
Roberts.  The  petition  of  Thomas  Williams,  for  pardon,  was  taken  up 
and  the  question  put  "Shall  the  said  Thomas  Williams  be  discharged 
from  confinement?"  which  was  determined  in  the  affirmative  —  yeas  7, 
nays  3.  The  petition  of  Solomon  P.  Wheeler,  for  pardon,  was  taken  up 
and  the  question  put  "Shall  the  said  Solomon  P.  Wheeler  be  discharged 

1  Mr.  Butler  is  erroneously  recorded  on  both  sides  of  this  question. 


164  Governor  and  Council — October  1825. 

from  confinement."  Which  was  determined  in  the  affirmative — Yeas 
10,  Nays  0.  The  petition  of  Joab  Young,  for  pardon,  was  taken  up  and 
on  motion  of  the  Lieut.  Gov.  dismissed.  The  petition  of  Jonas  Robin- 
son,  for  pardon,  was  taken  up  and  on  motion  of,Mr-  Langdon,  dismissed. 
Adjourned  to  Monday  next  9  O  clock  A.  M. 


Monday  Oct.  17, 1825.    9  Oclock  A  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  Mr-  Pierpoint 
appeared  in  the  Council  Chamber,  was  qualified  and  took  his  seat. 

Received  from  the  House  for  concurrence  in  the  reference  —  The 
Remonstrance  of  the  inhabitants  of  Bradford,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Committee  raised  on  the 
petition  of  William  Barron  and  Hannah  D.  Barron,  whereupon  resolved 
to  concur  in  said  order  of  reference.  Also  the  petition  of  Nathan 
Niles,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Committee  raised  on  the  petition  of  Pliny  Wicker  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  The  petition  of  Coles 
Cock,  of  Jonathan  Merrill,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Committee  raised  on  the  petition  of  Jonas 
Smith  ;  whereupon  resolved  to  concur  in  said  orders  of  reference.  Also 
The  petitions  of  William  H.  Williams,  of  Windham  Turnpike  Company, 
and  of  Samuel  Holgate,  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.  Also  The  petition  of  Moses  Strong 
and  others,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Committee  on  manufactures  ;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  The  petition  of  Jonah  Jaquith.  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. 
Also  The  petition  of  Mariam  Nichols,  and  of  Abel  Dunning,  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. 
Also  The  petitions  of  Stephen  Drown  and  others,  of  Nathaniel  P.  Saw- 
yer and  others,  of  the  Selectmen  of  Richford,  of  George  Town  and  oth- 
ers, and  of  the  Selectmen  of  Montgomery,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  Land  tax  Committee  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  Also  The  petition 
of  Ebenezer  Stone  and  Jonathan  Stone  —  the  Report  of  the  Warden  of 
the  State's  Prison  —  the  Report  of  the  Superintendant  of  the  State 
Prison,  with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  Committee  of  Ways  and  Means  ;  whereupon  resolved  to  concur  in 
said  orders  of  reference.  Also  the  petition  of  Foster  Hooper  and  others 
and  of  Solomon  Paddock  and  others,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Committee  on  education  ;  whereupon 
resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  resolutions  for  concurrence  to  wit : 
u  In  General  Assembly  Oct.  15,  1825.  Resolved,  the  Gov.  and  Council 
concurring  herein,  that  so  much  of  His  Excellency's  Speech  as  relates 
to  education,  schools  and  school  funds,  be  referred  to  the  Committee  on 
Education.  Resolved,  the  Gov.  and  Council  concurring  herein,  that  so 
much  of  his  excellency's  communication  as  relates  to  the  education  of 
the  deaf  and  dumb,  be  referred  to  the  Committee  on  education.  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  so  much  of  His  Ex- 
cellency's communication  as  relates  to  canals  and  canal  commissioners, 
be  referred  to  a  select  committee  of  four  to  join  from  Council."     Which 


Governor  and  Council — October  1825.  165 

were  severally  read  ;  whereupon  resolved  to  concur  in  passing  said  res- 
olutions and  upon  the  last  resolution  His  Honor  the  Lieut.  Gov.  is  ap- 
pointed from  Council. 

The  House  sent  up  the  following  resolutions  for  concurrence  to  wit, 
"In  General  Assembly  Oct.  15,  1825.  Besolved,  the  Gov.  &  Council 
concurring  herein,  that  so  much  of  his  excellency's  communication  as 
relates  to  the  subject  of  imprisonment  for  debt,  be  referred  to  the  Judi- 
ciary Committee.  Besolved,  the  Gov.  &  Council  concurring  herein,  that 
so  much  of  his  excellency's  communication  as  relates  to  the  militia  and 
the  arsenal,  be  referred  to  the  Military  Committee,"  which  were  seve- 
rally read;  whereupon  resolved  to  concur  with  the  House  in  passing 
said  resolutions.  The  House  sent  up  the  following  resolution  for  con- 
currence to  wit,  "  In  General  Assembly  Oct.  15,  1825.  Resolved,  the 
Gov.  and  Council  concurring  herein,  that  the  Congregational  Society  in 
Montpelier  have  liberty  to  occupy  the  State-House  for  the  purposes  of 
religious  worship  on  Sundays  during  the  present  Session  of  the  Legisla- 
ture," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution. 

His  Excellency  was  pleased  to  appoint  Daniel  Kellogg  Esq.  Sec'y  of 
the  Gov.  and  Council  for  the  year  ensuing,  and  he  was  duly  sworn. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  resolution  for  concurrence  to 
wit,  u  In  General  Assembly  Octr- 17,  1825.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  Houses  meet  in  County  Conven- 
tions, on  tuesday  next  at  4  Oclock  in  the  afternoon,  for  the  purpose  of 
making  nominations  of  County  officers  ;  and  that  they  meet  in  Joint 
Committee  in  the  representatives'  room  at  the  opening  of  the  House  on 
friday  next,  for  the  purpose  of  electing  such  officers,"  which  was  read 
and  thereupon  an  amendment  was  proposed  to  said  resolution  which  was 
read  and  adopted;  whereupon  resolved  to  concur  in  passing  said  resolu- 
tion with  said  proposal  of  amendment;  and  reasons  for  the  same  were  as- 
signed in  writing.  Ordered  that  the  Sec'y  return  said  resolution  and 
reasons  to  the  House. 

A  written  message  was  recd-  from  the  House  informing  the  Gov.  & 
Council  that,  agreeably  to  the  rules  of  the  House,  they  have  appointed 
the  following  Standing  Committees,  in  which  they  desire  the  Gov.  and 
Council  to  join  to  wit,' A  Committee  of  4  denominated  the  Committee  of 
Ways  and  Means — A  Committee  of  4  denominated  the  Military  Com- 
mittee— A  Committee  of  4  denominated  the  Judiciary  Committee — A 
Committee  of  4  denominated  the  Committee  of  Claims — A  Committee 
of  4  denominated  the  Turnpike  Committee— A  Committee  of  4  denom- 
inated the  Committee  of  insolvency — A  Committee  of  4  denominated  the 
Committee  of  Manufactures— A  Committee  of  4  denominated  the  Com- 
mittee of  Agriculture — A  Committee  of  4  denominated  the  Land  tax 
Committee — A  Committee  of  4  denominated  the  Committee  on  educa- 
tion— A  Committee  of  4  denominated  the  Committee  on  New  Trials — A 
Committee  of  13  denominated  the  General  Committee — Whereupon 
Resolved  to  concur  in  the  appointment  of  said  Committees  and  Mr-  But- 
ler was  appointed  on  the  Committee  of  Ways  &  Means — Mr  Holley  was 
appointed  on  the  Military  Committee — Mr-  Wetmore  was  appointed  on 
the  Judiciary  Committee — The  Lieut.  Gov.  was  appointed  on  the  Com- 
mittee of  Claims— Mr-  Roberts  was  appointed  on  the  Turnpike  Commit- 
tee— Mr  Dana  of  C.  was  appointed  on  the  Committee  of  insolvency — Mr- 
Proctor  was  appointed  on  the  Committee  on  Manufactures— Mr-  Chit- 
tenden was  appointed  on  the  Committee  on  agriculture— Mr-  Pierpoint 


166  Governor  and  Council — October  1825. 

was  appointed  on  the  Land  tax  Committee — Mr  Merrill  was  appointed 
on  the  Committee  on  education — Mr-  Langdon  was  appointed  on  the 
Committee  on  New  Trials — Mr  Dana  of  O.  was  appointed  on  the  Gen- 
eral Committee. 

On  motion  voted  to  reconsider  the  vote  dismissing  the  petition  of  Ste- 
phen Twist  for  pardon,  whereupon  a  motion  was  made  to  discharge  the 
said  Stephen  Twist  from  his  said  confinement  upon  condition  that  he 
leave  the  State  within  twenty  days  and  do  not  return  within  the  same 
again.  And  the  question  being  put  upon  said  motion  it  was  determined 
in  the  affirmative — Yeas  11,  Nays  1.  Those  who  voted  in  the  affirma- 
tive are,  Lieut.  Gov.,  Messrs.  Butler,  Chittenden,  Dana  of  C,  Holley, 
Langdon,  Merrill,  Pierpoint,  Proctor,  Roberts,  Wetmore.  Mr-  Dana  of 
O.  voted  in  the  negative.  The  petition  of  Leonard  Corliss,  for  pardon, 
was  called  up  and  on  motion  of  [the]  Lieut.  Gov.  ordered  to  be  dis- 
missed. On  motion,  voted  to  reconsider  the  vote  dismissing  the  petition 
of  John  Murry,  and  the  question  being  put  *  Shall  the  said  John  Murry 
be  discharged  from  his  said  confinement '?"  it  was  determined  in  the 
affirmative — Yeas  10,  Nays  2.  The  petition  of  Jonathan  Bidwell  for 
pardon  was  called  up,  and  on  motion  of  the  Lieut.  Gov.  ordered  to  be 
dismissed.  The  petition  of  Nathan  Badger,  for  pardon,  was  called  up 
and  the  question  put  "  Shall  the  said  Nathan  Badger  be  discharged  from 
his  said  confinement  ?"  which  was  determined  in  the  affirmative  by  an 
unanimous  vote.  On  motion,  voted  to  reconsider  the  vote  dismissing 
the  petition  of  Joab  Young,  and  the  same  was  ordered  to  lye  on  the 
table.     Adjourned  to  9  Oclock  to  morrow  morrow. 


Tuesday  Oct.  18, 1825.    9  Oclock  A.  M. 

The  Gov-  and  Council  met  pursuant  to  adjournment.  The  peti- 
tion of  Daniel  Butler,  for  pardon,  was  called  up  and  the  question  put 
"Shall  the  said  Daniel  Butler  be  discharged  from  confinement  ?"  which 
was  determined  in  the  affirmative  —  Yeas  9,  Nays ,  upon  the  con- 
dition that  the  said  Daniel  Butler  leave  this  State  within  twenty  days 
and  do  not  return  within  the  same.  The  petition  of  William  Freeman, 
for  pardon,  was  called  [up]  and  on  motion  of  Mr-  Butler,  ordered  to  be 
dismissed. 

Received  from  the  House  the  following  for  concurrence  in  the  refer- 
ence to  wit,  '"An  act  directing  the  mode  of  obtaining  retailers'  licenses." 
The  petition  of  Joel  Pratt  and  others,  of  Stephen  Hinsdell  and  others, 
of  the  Selectmen  of  Concord,  An  act  to  exempt  the  Hartford  Manufact- 
uring Company  from  taxes  —  An  act  annexing  the  County  of  Essex  to 
the  County  of  Caledonia.  Also  the  Report  of  the  Committee  on  the 
subject  of  the  Grand  list,  with  an  order  of  the  House  on  each,  that  the 
same  be  referred  to  the  General  Committee  ;  whereupon  resolved  to 
concur  in  said  orders  of  reference.  Also  the  petition  of  Thomas 
Crocker  and  others,  of  the  Field  officers  of  the  3d-  Regiment  3d-  Brigade 
and  4th-  Division,  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  Military  Committee  ;  whereupon  resolved  to  concur  in 
said  orders  of  reference.  Also  The  petition  of  Jonas  Smith  [with]  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  Select  Com- 
mittee of  two  to  join  ;  whereupon  resolved  to  concur  in  said  order  of 
reference,  and  Mr-  Holley  is  appointed  from  Council.  Also  the  petition 
of  Moses  Lyon,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  a  Select  Committee  of  three  to  join  ;  whereupon  resolved  to 
concur  in  said  order  of  reference,  and  Mr-  Wetmore  is  appointed  from 
Council.    Also  the  petition  of  Pliny  Wicker,  with  an  order  of  the  House 


Governor  and  Council — October  1825.  167 

thereon  that  the  same  be  referred  to  a  Committee  of  two  to  join  ;  where- 
upon resolved  to  concur  in  said  order  of  reference  and  Mr  Pierpoint  is 
appointed  from  Council.  Also  the  petition  of  Charles  F.  Wicker,  of 
Azariah  Whipple,  of  Joseph  Sholes,  of  William  Douglass,  of  Israel 
Whitney,  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  Select  Committees  of  two  to  join  ;  whereupon  resolved  to  concur  in 
said  orders  of  reference  and  Mr-  Pierpoint  is  appointed  from  Council. 
Also  An  act  to  revive  an  act  entitled  an  act  to  incorporate  the  Vermont 
lead  refining  and  Manufacturing  Company — Also  An  act  for  the  benefit 
and  encouragement  of  iron  Manufactories  —  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  Committee  on  Manufactures  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  An  act 
regulating  the  tolls  of  one  horse  waggons  over  West  river  bridges  in 
Brattleboro  and  Dummerston — Also  An  act  granting  a  further  time  for 
making  a  road  in  the  towns  of  Mount  Holley  and  Wallingford — Also  An 
act  relating  to  the  Strafford  turnpike  Company,  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.  Also  the 
petition  of  Micajah  Ingham  &  others,  of  Ira  Eaton  &  others,  of  Ebenezer 
Darling  &  others,  of  Otis  Leland  &  others,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  land  tax  Committee  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  Also  The  report  of 
the  committee  on  education,  An  act  for  the  benefit  of  common  schools, 
and  the  petition  of  the  Trustees  of  Concord  academy,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  Committee  on  edu- 
cation ;  whereupon  resolved  to  concur  in  said  orders  of  reference.  Also 
the  petition  for  Ne\y  tiial,  James  Steele  vs.  Bates  and  Shurtliffe,  and 
An  act  for  the  relief  of  Leonard  Deming,  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Committee  of  New  trials  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference. 

Recd-  from  the  House  the  following  for  concurrence  in  the  reference  to 
wit,  An  act  in  addition  to  an  act  relating  to  highwavs,  passed  Nov.  15, 
1820  —  Also  An  act  authorising  the  town  of  Waterville  to  assess  and 
collect  taxes  —  Also  the  petition  of  Parker  Noyes,  of  Joshua  Garlick  — 
Also  An  act  in  addition  to  the  several  acts  defining  the  powers  of  Justi- 
ces of  the  peace — Also  An  act  relating  to  bills  of  divorce  —  Also  An  act 
directing  proceedings  against  absconding  or  concealed  debtors  —  Also 
An  act  in  addition  to  an  act  entitled  an  act  relating  to  jails  and  jailers 
and  for  the  relief  of  persons  imprisoned  therein  —  Also  An  act  in  addi- 
tion to  an  act  constituting  the  Supreme  Court  of  Judicature  —  Also  An 
act  to  prevent  the  imprisonment  of  poor  debtors  in  certain  cases  — Also 
An  act  repealing  part  of  an  act  therein  mentioned — with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  Judiciary  Committee  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit— The  petition  of  John  Killburn  and  others,  of  Edward  Woodruffe, 
of  Heman  Downey,  of  Solomon  Downer,  of  D.  G.  Poster  &  others,  of 
Lewis  Keeler,  of  Thomas  Todd,  of  Jonas  Whitney  Junr->  of  Gideon  Bart- 
lett — Also  An  act  directing  the  Treasurer  to  pay  Joseph  S.  Jenuison, 
Charles  Jennison  and  Nahum  Jennison,  the  sum  therein  mentioned — 
Also  An  act  directing  the  Treasurer  of  this  State  to  pay  Azariah  Webb 
the  sum  therein  mentioned— Also  A  bill  authorising  the  Treasurer  to 
pay  Jacob  Welch  the  sum  therein  mentioned — Also  An  act  directing 
the  Treasurer  to  pay  Bingham  Lasel  the  sum  therein  mentioned — Also 
An  act  directing  the  Treasurer  to  pay  Charles  Hall  the  sum  therein 
mentioned— Also  An  act  directing  the  Treasurer  to  pay  Joseph  Weeks 
the  sum  therein  mentioned,  with  an  order  of  the  House  on  each,  that 


168  Governor  and  Council — October  1825. 

the  same  be  referred  to  the  Committee  of  Claims;  whereupon  resolved 
to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  Amos  Boorn  &  others,  of  Cyrus  Canfield  &  others, 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  a  com- 
mittee of  4  to  join;  whereupon  Resolved  to  concur  in  said  orders  of  ref- 
erence and  Mr-  Merrill  is  appointed  on  the  same  from  Council.  Also 
the  petition  of  Jonathan  Holland  &  others,  of*  Jonas  Allen  &  others,  of 
Addison  Albee  &  others,  of  Jeremiah  Nourse  &  others,  of  Noah  Peck 
&  others,  of  Joseph  Collins  &  others,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Committee  raised  on  the  petition  of  Asa 
Phillips;  whereupon  Resolved  to  concur  in  said  orders  of  reference. 
Also  the  petition  of  Thomas  Hammond  and  others,  with  an  order  of  the 
House  thereon,  that  the  same  be  referred  to  the  Committee  raised  on 
that  part  of  His  Excellency's  speech  which  relates  to  canals;  whereupon 
resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
Resolved,  the  Gov.  &  Council  concurring  herein,  that  the  Judiciary 
Committee  be  instructed  to  enquire  into  the  expediency  of  altering  the 
law  regulating  the  taxation  of  costs  before  the  Gen1  Assembly,  against 
petitioners  praying  for  new  trials  ;  and  that  they  report  by  bill  or  other- 
wise, which  was  read  ;  whereupon  Resolved  to  concur  in  passing  this 
resolution.  The  House  sent  up  the  following  resolution  for  concurrence 
to  wit,  Resolved  the  Gov.  &  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  enquire  into  the  expediency  of  providing  by 
law  for  the  taxing  of  Sheep  in  this  State,  and  report  by  bill  or  other- 
wise, which  was  read,  whereupon  resolved  to  concur  in  passing  this 
resolution.  Also  the  following  resolution,  Resolved^  the  Gov.  &  Council 
concurring  herein,  that  the  Judiciary  Committee  be  instructed  to  report 
a  bill  providing  that  no  person  shall  be  imprisoned  for  debt ;  and  also 
providing  an  effectual  system  to  prevent  debtors  from  putting  their 
property  out  of  the  reach  of  legal  process,  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution.  Also  the  following  reso- 
lution. Resolved,  the  Gov.  &  Council  concurring  herein,  that  the  Judi- 
ciary Committee  be  instructed  to  enquire  into  the  expediency  of  passing 
a  law  rendering  more  certain  and  simple  the  process  of  tendering  per- 
sonal property  in  payment  of  debts  so  as  to  prevent  litigation  about  the 
same,  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution.  Also  the  following  resolution,  Resolved,  the  Gov.  and  Council 
concurring  herein,  that  the  Judiciary  Committee  be  instructed  to  in- 
quire into  the  expediency  of  repealing  all  laws  in  this  state  relating  to 
usury,  and  report  by  bill  or  otherwise,  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution.  Also  the  following  resolu- 
tion to  wit,  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the 
Judiciary  Committee  be  instructed  to  enquire  into  the  expediency  of  so 
amending  the  act  relating  to  the  judiciary  as  to  provide  for  the  obtaining 
of  testimony  of  witnesses  in  any  case  pending  before  a  court  or  the 
legislature  for  a  new  trial,  and  to  report  as  soon  as  may  be  by  bill  or 
otherwise,  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  resolution.  Also  the  following  resolution,  Resolved,  the  Gov.  & 
Council  concurring  herein,  that  the  Judiciary  Committee  be  and  hereby 
are  instructed  to  enquire  into  the  expediency  of  repealing  section  fifth 
of  an  act  in  addition  to  an  act  defining  the  powers  of  Justices  of  the 
peace  within  this  state,  passed  Nov.  15,  1821,  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  resolution.  Also  the  following 
resolution,  Resolved,  the  Gov.  &  Council  concurring  herein,  that  the 
Judiciary  Committee  be  instructed  to  enquire  into  the  expediency  of 


Governor  and  Council — October  18£5.  169 

making  some  different  arrangement  in  the  present  laws,  and  relating  to 
the  fees  of  the  commissioners  of  jail  delivery  and  report  by  bill  or  other- 
wise," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution. 

A  communication  was  received  from  the  Speaker  of  the  House  in- 
forming the  Gov.  and  Council  that  they  had  concurred  in  the  amend- 
ment proposed  by  the  Gov.  &  Council  to  the  resolution  appointing  a 
time  for  the  meeting  of  the  Couuty  Conventions. 

The  House  sent  up  the  following  resolution  for  concurrence,  Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  Military  Committee  be 
instructed  to  examine  an  act  directing  the  mode  of  distributing  the 
arms  recd-  from  the  United  States  and  for  other  purposes,  passed  Oct.  12, 
1812,  and  if  in  the  opinion  of  said  Committee  the  law  alluded  to  is  insuf- 
ficient for  the  effectual  preservation  of  said  arms,  it  shall  be  the  duty  of 
the  Committee  to  report  a  bill  for  the  more  effectual  preservation  of  said 
arms  —  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P  M.  —  The  Gov.  &  Council  met  pursuant  to  adjourn- 
ment. The  petition  of  Silas  Plumly  for  pardon  was  called  up,  and 
on  motion  of  Mr  Langdon  ordered  to  be  dismissed.  The  petition  of 
Patrick  Murphy  for  pardon  was  called  up  and  on  motion  of  Mr  Wet- 
more,  ordered  to  be  dismissed.  The  petition  of  William  Longley  for 
pardon  was  called  up,  and  on  motion  of  Mr-  Dana  of  O.  ordered  to  be 
dismissed.  The  petition  of  Lucius  Hills  for  pardon  was  called  up  and 
on  motion  of  Mr-  Wetmore  ordered  to  be  dismissed.  The  petition  of 
Rutus  Green,  for  pardon,  was  called  up  and  on  motion  of  Mr-  Wetmore, 
ordered  to  be  dismissed.  The  petition  of  Amos  C.  Kimball  for  pardon 
was  called  up  and  the  question  put  "  Shall  the  said  Amos  C.  Kimball  be 
discharged  from  his  confinement  ?"  which  was  determined  in  the  affirm- 
ative by  an  unanimous  vote.  The  petition  of  William  B.  Herrick  for 
pardon  was  called  up  and  the  question  put  "  Shall  the  said  William  B. 
Herrick  be  discharged  from  his  confinement  ?"  which  was  determined 
in  the  affirmative  by  an  unanimous  vote.  The  petition- of  Moses  Clough 
for  pardon  was  called  up  and  on  motion  of  Mr  Dana  of  O.  ordered  to  be 
dismissed.     Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday,  Oct.  19,  1825.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit,  The  peti- 
tion of  the  Selectmen  of  Landgrove,  of  Daniel  Weller,  of  Patrick  Gaffney 
and  Michael  Smith,  and  of  Anderson  G.  Dana,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  Committee  of  Ways  and 
Means;  whereupon  resolved  to  concur  in  said  orders  of  reference.  Also 
The  petition  of  sundry  inhabitants  of  Middlesex,  of  John  W.  Tabor  and 
others,  and  the  Remonstrance  of  Henry  Hodges  and  others,  with  an  or- 
der of  the  House  on  each  that  the  same  be  referred  to  the  Committee 
raised  on  the  petition  of  Asa  Phillips;  whereupon  resolved  to  concur  in 
said  orders  of  reference.  Also  the  petition  of  Thomas  Emerson  and 
others,  with  ansorder  of  the  House  thereon  that  the  same  be  referred  to 
the  Turnpike  Committee;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  the  petition  of  Edmund  C.  Hovey  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.  Also 
the  petition  of  Oliver  Luce,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  of  insolvency;  whereupon  resolved 


170  Governor  and  Council — October  1825. 

to  concur  in  said  order  of  reference.  Also  An  act  directing  the  manner 
of  levying  executions  on  the  right  of  redeeming  lands  mortgaged,  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. 
Also  the  petition  of  Thomas  Taylor  and  others,  of  the  inhabitants  of 
Lunen burgh,  with  an  order  of  the  House  on  each  that  the  same  be  re- 
ferred to  the  land  tax  Committee;  whereupon  resolved  to  concur  in  said 
orders  of  reference.  Also  the  petition  of  William  Thayer  Junr-  &  oth- 
ers, of  Zephaniah  Howard  and  others,  of  John  H.  Sanderson  and  others, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Military  Committee;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  the  petition  of  Nathan  Niles  &  others,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  Select  Committee  of 
three  to  join;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Wetmore  is  appointed  from  Council.  Also  the  petition  of  Jo- 
nas Allen  &  others,  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  a  Committee  of  two  to  join;  whereupon  resolved  to  con- 
cur in  said  order  of  reference — and  Mr-  Crafts  is  appointed  from  Council. 
Also  An  act  to  incorporate  Bennington  east  village  engine  fire  Com- 
pany, with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  committee  of  four  to  join;  whereupon  resolved  to  concur  in  said  order 
of  reference  and  Mr-  Merrill  is  appointed  from  Council.  Also  the  peti- 
tion of  David  H.  Sumner,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  Committee  of  four  to  join;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  the  Lieut.  Gov.  is  appointed  from 
Council. 

Mr  Crafts  appeared  in  the  Council,  was  qualified  and  took  his  seat. 

Tne  petitions  of  Daniel  Palmer,  of  Luraney  Smally,  of  Josiah  Sims, 
were  severally  taken  up  and  on  motion  ordered  to  be  dismissed.  Ad- 
journed to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  &  Council  met  pursuant  to  adjourn- 
ment. The  petitions  of  Russell  Jepherson,  and  of  James  Weston,  for 
pardon,  were  severally  taken  up  and  on  motion  ordered  to  be  dismissed. 
The  petition  of  Joab  Young,  for  pardon,  was  called  up  and  the  question 
put  "  Shall  the  said  Joab  Young  be  discharged  from  his  confinement  ?" 
which  was  determined  in  the  affirmative  by  an  unanimous  vote.  Voted, 
to  reconsider  the  vote  dismissing  the  petition  of  Patrick  Murphy,  for 
pardon,  and  thereupon  the  question  was  put  "  Shall  the  said  Murphy  be 
discharged  from  confinement  ?"  which  was  determined  in  the  affirma- 
tive— Yeas  9,  Nays  4.     Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  Oct  20, 1825.  9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit — An  act  direct- 
ing the  Treasurer  to  pay  Charles,  K.  Williams,  Ezra  Butler  and  Stephen 
Haight  the  sum  therein  mentioned,  Also  the  account  of  Harvey  Scott, 
Also  the  petitions  of  Oliver  Farrar  and  others,  of  Tappan  Stevens,  of 
Benjamin  B.  Sargent,  of  Abel  Carter,  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.  Also  the  petition  of  Ed- 
ward Wade,  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  a  committee  of  two  to  join;  whereupon  resolved  to  concur  in 
said  order  of  reference  and  Mr-  Wetmore  is  appointed  from  the  Council. 
Also  the  petition  of  Ozias  Buel  and  others,  with  an  order  of  the  House 
that  the  same  be  referred  to  a  committee  of  four  to  join;  whereupon  re- 


Governor  and  Council — October  1825.  171 

solved  to  concur  in  said  order  of  reference  and  Mr  Chittenden  is  ap- 
pointed from  the  Council.  Also  the  petition  of  the  inhabitants  of  Bar- 
nard, with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a 
committee  of  two  to  join;  whereupon  resolved  to  concur  in  said  order  of 
reference  and  Mr-  Proctor  is  appointed  from  Council.  Also  the  petition 
of  William  Barron  and  Hannah  D.  Barron,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  four  to  join;  where- 
upon resolved  to  concur  in  said  order  of  reference  and  Mr-  Pierpoint  is 
appointed  from  Council.  Also  the  petition  of  Asa  Phillips  and  others, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  com- 
mittee of  four  to  join;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence and  Mr-  Dana  of  O.  is  appointed  from  Council.  Also  the  petition 
of  Gideon  Barber  and  others,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  committee  raised  on  the  petition  of  Asa 
Phillips  and  others;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  "  An  act  amending  the  laws  for  the  support  of  Schools," 
Also  the  petition  of  Job  Lyman  and  Francis  E.  Phelps.  Also  the  report 
of  the  Commissioner  to  the  Hartford  Asylum  for  the  education  of  the 
deaf  and  dumb,1  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  Committee  on  education;  whereupon  resolved  to  concur 
in  said  orders  of  reference. 

His  Honor  the  Lieut.  Gov.  was  excused  from  serving  on  the  Commit- 
tee of  Claims  during  the  hearing  of  the  petition  of  Benjamin  [B.]  Sar- 
gent, and  Mr  Crafts  was  appointed  in  his  room. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  William  Ward  and  others,  the  remonstrance  of  James 
Southard,  An  act  in  addition  to  the  several  acts  ascertaining  the  princi- 
ples on  which  the  list  of  this  state  shall  be  made,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  General  Committee; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  An  act 
authorising  the  constable  of  Burlington  to  serve  process  in  Burlington 
Bay — An  act  to  preserve  fish  in  the  waters  of  Bennington  and  Pownal 
— An  act  in  addition  to  the  several  acts  authorising  the  Supreme  Court 
to  appoint  Commissioners  of  jail  delivery,  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Judiciary  Committee;  whereupon 
resolved  to  concur  in  said  orders  of  reference.  Also  the  petition  of 
Noyes  Dennison  and  others,  of  Peter  McLauchlin,  of  Eber  Robinson 
and  others,  of  Abel  Keyes  and  others,  of  David  Chadwick  and  others, 
of  Daniel  Mead  and  others,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Land  tax  Committee;  whereupon  resolved  to 
concur  in  said  orders  of  reference.  Also  the  report  of  the  Canal  Com- 
missioner,2 Also  the  petition  of  the  Windham  Turnpike  C°-»  the  peti- 
tion of  the  town  of  Weathersfield,  of  Jonathan  H.  Hubbard  and  others 
— also  An  act  for  the  relief  of  the  town  of  Plymouth,  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  Committee  on  Roads 
and  Canals;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  for  concurrence — "  In  Gen1-  As- 
sembly   Oct.    19,  1825.      Resolved,   the   Gov.    &    Council    concurring 


1  For  the  report  of  the  commissioner,  the  late  Hon.  Horace  Everett 
of  Windsor,  see  printed  Assembly  Journal  of  1825,  pp.  35-37. 

2  For  report  of  the  Canal  Commissioner,  Hon.  Horace  Everett,  see 
printed  Assembly  Journal  of  1825,  p.  38;  and  for  a  letter  to  the  governor 
on  the  same  subject,  by  Araunah  Waterman  and  John  L.  Woods,  see 
same,  pp.  146-148. 


172  Governor  and  Council — October  1825. 

herein,  that  the  Judiciary  Committee  be  instructed  to  enquire  into 
the  expediency  of  passing  a  law,  the  effect  of  which  shall  be  to  give  the 
Supreme  Court  of -Judicature  power,  in  their  discretion,  to  refer  to  Com- 
missioners the  subject  matter  of  any  appeal  made  from  the  decision  of  a 
Court  of  Probate,  whose  duty  it  shall  be  to  report  the  facts  in  the  case, 
to  said  Supreme  Court,  preparatory  to  the  rendition  of  judgment  there- 
on," which  was  read;  whereupon  resolved  to  Concur  in  passing  this  res- 
olution. Also  the  following  resolution,  "In  General  Assembly  Oct.  19, 
1825.  Resolved,  the  Gov.  &  Council  concurring  herein,  that  the  Judi- 
ciary Committee  be  instructed  to  enquire  into  the  expediency  of  provid- 
ing by  law  for  a  more  summary  and  less  expensive  mode  of  collecting 
rents  and  dispossessing  tenants  who  hold  over  beyond  the  term  of  their 
contract,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  resolution.  Also  the  following  resolution,  "  Resolved,  the  Gov.  & 
Council  concurring  herein,  that  the  Judiciary  Committee  be  directed  to 
enquire  into  the  expediency  of  passing  a  law  making  it  the  duty  of  com- 
mittees appointed  to  superintend  the  expenditure  of  land  taxes,  to  give 
such  notice  when  they  present  their  accounts  for  allowance,  as  will  give 
an  opportunity  to  the  land  owners  to  appear  and  oppose  the  allowance 
of  their  accounts,"  which  was  read  ;  whereupon  Resolved  to  concur  in 
passing  this  resolution.  Also  the  following — "  Resolved,  the  Gov.  and 
Council  concurring  herein,  that  the  Committee  on  the  Judiciary  be  in- 
structed to  enquire  inio  the  expediency  of  granting  licenses  to  sellers  of 
lottery  tickets  by  their  paying  annually  to  the  Treasurer  of  this  state 
dollars,  for  the  use  of  the  state,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution.  Also  the  following  resolu- 
tion—" Resolved,  that  the  General  Committee  be,  and  they  are  hereby 
instructed  to  enquire  into  the  expediency  of  taxing  bank  stock,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  resolution. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  for  concurrence  to  wit — "Resolved,  the 
Gov.  &  Council  concurring  herein,  that  the  two  houses  meet  in  the 
representatives'  room  on  friday  next  at  two  Oclock  for  the  purpose  of 
electing  Judges  of  the  Supreme  Court,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution.  Also  the  following — "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  both  houses  meet 
in  the  representatives'  room  to  morrow  morning  at  ten  Oclock,  for  the 
purpose  of  electing  a  Warden  and  Superintendent  of  the  Vermont  State 
prison  for  the  year  ensuing,"  which  was  read  and  concurred  in  by  the 
Council. 

The  petition  of  Manna  Case,  for  a  pardon,  was  taken  up  and  on 
motion  of  Mr  Pierpoint,  was  ordered  to  be  dismissed.  Adjourned  to  9 
Oclock  to  morrow  morning. 


Friday  October  21, 1825.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit  —  The  petition 
of  Jabez  Rogers,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Gen.  Committee  ;  whereupon  resolved  to  concur  in  said 
order  of  reference.  Also  the  petition  of  Elisha  [Elias]  Hall,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
of  insolvency  ;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  the  petitions  of  Mary  Fassett,  and  of  Asaph  Severance,  with  an 


Governor  and  Council — October  1825.  173 

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. 
Also  the  petition  of  the  Artillery  Company  in  Northfield,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Military  Commit- 
tee ;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also  a 
communication  from  his  excellency  the  Gov.  in  relation  to  a  light-house, 
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.  Also  An  act  annexing  the  sixth  Company  in  the  [2d  Regi- 
ment] 3d-  Brigade  and  3d-  Division  to  the  2d-  Reg4-  in  the  2d-  Brigade  and 
3d-  Division,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Military  Committee  ;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  the  petition  of  Daniel  and  Levi  Goss,  of 
Thomas  Emerson  and  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.  Also  the  petition  of 
John  Tuthill,  and  an  act  in  addition  to  an  act  entitled  an  act  constituting 
the  Supreme  Court  of  Judicature  and  County  Courts,  defining  their 
powers  and  regulating  judicial  proceedings,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  Also  the  petition 
of  Whitelaw  V.  Scott  &  others,  of  John  Bush  and  Amos  Rising  with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  Committee 
on  roads  and  canals  ;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  the  Remonstrance  of  the  proprietors  of  Glastenbury,  of 
the  proprietors  of  Woodford  and  the  petition  of  the  inhabitants  of  Troy, 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
land  tax  Committee  ;  whereupon  resolved  to  concur  in  said  orders  of 
reference.  Also  the  petition  of  Eliakim  H.  Johnson,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  committee  raised  on 
that  part  of  His  Excellency's  Speech  relating  to  Canals  and  Canal  Com- 
missioners ;  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
Resolved,  the  Gf>v.  and  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  enquire  into  the  expediency  of  reporting  a 
bill  to  the  House,  the  effect  of  which  will  be  that  a  lottery  be  instituted 
in  this  state  to  be  denominated  the  Vermont  State  lottery,  under  the 
management  of  three  Commissioners,  and  to  be  in  successive  classes, 
during  the  pleasure  of  the  legislature,  and  the  whole  profits  to  be  for- 
ever, applied  to  the  support  of  common  schools  throughout  this  state, 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  resolution. 
Also  the  following  resolution,  Resolved,  the  Gov.  and  Council  concur- 
ring herein,  that  the  Judiciary  Committee  be  instructed  to  enquire  into 
the  expediency  of  providing  by  law  for  the  appointment  of  a  Commis- 
sioner in  each  County,  with  power  to  audit  and  allow  the  accounts  of 
magistrates,  sheriffs,  states  attorneys  and  all  other  persons  concerned, 
for  the  detection,  apprehension  and  examination  of  persons  charged 
with  offences,  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  resolution.  Also  the  following  resolution,  Resolved,  the  Gov.  and 
Council  concurring  herein,  that  the  General  Committee  be  instructed  to 
enquire  into  the  expediency  of  making  an  alteration  in  the  law  relating 
to  fence  and  fence-viewers,  so  far  as  to  constitute  fences  four  feet  in 
height  to  be  deemed  good  and  lawful  ;  and  report  by  bill  or  otherwise, 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. Also  the  following  resolution,  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  General  Committee  be  instructed  to  enquire 
into  the  expediency  of  restraining  horned  cattle  from  running  at  large 


174  Governor  and  Council — October  1825. 

iu  the  several  towns  in  this  state  except  by  permission  of  the  selectmen 
in  the  several  towns  in  particular  cases  ;  and  that  they  report  by  bill  or 
otherwise,  which  was  read  ;  whereupon  resolved  to  Concur  in  passing 
this  resolution. 

The  Gov.  &  Council  attended  in  the  representatives'  room  and  ap- 
pointed County  officers  in  the  several  Counties — also  a  Warden  and  Su- 
perintendent of  the  State  prison,  after  which  they  returned  to  their 
Chamber.1     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c.  to 
wit,  "  An  act  directing  the  Treasurer  to  pay  Charles  K.  Williams,  Ezra 
Butler  and  Stephen  Haight  the  sum  therein  mentioned,"  which  was 
read;  whereupon  resolved  to  concur  with  the  House  in  passing  this  bill. 
Ordered  that  the  Sec'y  inform  the  House  accordingly. 

The  House  sent  up  the  petition  of  Elias  Keyes,  with  an  order  thereon 
that  the  same  be.  referred  to  the  General  Committee  ;  whereupon  re- 
solved not  to  concur  in  said  order  of  reference,  and  said  petition  and  rea- 
sons in  writing  for  nonconcurrence  were  returned  to  the  House. 

The  Gov.  and  Council  attended  in  the  House  and  appointed  Judges 
of  the  Supreme  Court,  after  which  they  returned  to  their  Chamber.' 
Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Oct.  22, 1825.    9  Oclock  A.  M. 

The  Council  met  pursuant  to  adjournment,  His  Honor  the  Lieut.  Gov. 
in  the  Chair.  The  House  sent  up  the  following  for  revision  and  concur- 
rence or  proposals  of  amendment  to  wit,  "  An  act  appointing  a  collector 
in  the  town  of  Royalton,"  which  was  read  ;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  bill.  Also  "  An  act  in  addition  to  an 
act  entitled  an  act  to  preserve  the  fish  in  Otter  Creek,  passed  Oct.  31, 
1823,"  which  was  read  ;  whereupon  resolved  to  concur  with  the  House 
in  passing  this  bill.  Also  the  following  resolution  to  wit,  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  alterations  of  the 
constitution  of  the  United  States,  proposed  by  the  state  of  Georgia,  on 
the  22d  day  of  Dec1"'  1823,  that  no  part  of  the  constitution  of  the  United 
States  ought  to  be  construed  to  authorise  the  importation  or  ingress  of 
any  person  of  colour  into  any  one  of  the  United  States,  contrary  to  the 
law  of  such  state,  be  and  the  same  is  disapproved  by  the  legislature  of  this 
state.  And  the  Gov.  of  this  state  is  hereby  requested  to  transmit  a  copy 
of  the  foregoing  resolution  to  the  executive  of  each  of  the  United  States. 
Also  Resolved  that  no  further  order  be  taken  by  this  legislature  upon 
the  resolutions  of  the  states  of  Maine  and  Ohio,  which  also  disapprove 
of  said  alteration  of  the  constitution  of  the  United  States,"  which  was 
read ;  whereupon  resolved  to  concur  with  the  House  in  passing  this  res- 
olution. Ordered,  that  the  Sec1?  inform  the  House  of  the  passage  of  the 
two  bills  and  resolution  last  mentioned. 

•  The  House  sent  up  the  following  for  concurrence  to  wit,  Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  Committee  of  Ways 
and  Means  be  instructed  to  report  a  bill  for  the  compensation  of  the  Su- 

1  Jabesh  Hunter  was  elected  Warden,  and  John  H.  Cotton  Superin- 
tendent. 

2  Richard  Skinner,  Samuel  Prentiss,  Titus  Hutchinson,  and  Stephen 
Royce  Jr.  were  elected. 


Governor  and  Council — October  1825.  175 

perinteudent  of  the  Vermont  state  prison  for  his  services  for  the  past 
year,  which  was  read;  whereupon  resolved  to  concur  with  the  House  in 
passing  this  resolution.  Also  the  following  resolution — Resolved,  the 
Gov.  &  Council  concurring  herein,  that  there  be  a  committee  appointed 
consisting  of  four  members  from  this  House  to  join  from  Council,  to  take 
into  consideration  the  propriety  of  proposing  au  amendment  to  the  Con- 
stitution of  the  United  States,  providing  for  an  uniform  system  of  elect- 
ing electors  of  President  and  Vice  President  and  members  of  Congress, 
throughout  the  United  States;  and  make  report  to  this  House — which 
was  read;  whereupon  resolved  to  concur  in  passing  this  resolution.1 
Also  the  following  resolution,  Resolved,  the  Gov.  and  Council  concur- 
ring herein,  that  the  Judiciary  Committee  [be  instructed]  to  enquire 
whether  the  first  sittings  of  the  County  Courts  in  the  Counties  of  Grand 
Isle,  Franklin  and  Chittenden  will  be  holden  in  Nov.  or  May,  according 
to  the  present  judiciary  laws  of  this  State,  and  to  report  by  bill  or  other- 
wise, which  was  read;  whereupon  resolved  to  concur  with  the  House  in 
passing  this  resolution.  Also  the  following  resolution,  Resolved,  the 
Gov.  and  Council  concurring  herein,  that  the  Judiciary  Committee  be 
directed  to  enquire  into  the  expediency  of  passing  a  law  so  that  any  per- 
son paying  debts  after  they  have  been  arrested  on  execution,  it  shall 
have  the  same  effect  to  prevent  their  taking  the  benefit  of  the  poor  debt- 
ors' oath,  as  though  they  shall  have  paid  debts  after  their  commitment 
.on  said  execution,  which  was  read;  whereupon  resolved  to  concur  with 
the  House  in  passing  this  resolution. 

The  House  sent  "up  the  following  for  concurrence  in  the  reference — 
An  act  in  addition  to  and  amendment  of  an  act  entitled  an  act  for  the 
distribution  of  laws,  journals  and  other  public  papers,  also  the  petition 
of  Daniel  Staniford,  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  Judiciary  Committee;  whereupon  resolved  to  concur 
in  said  orders  of  reference.  Also  the  Remonstrance  of  Abner  Mallory 
and  othrrs,  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  committee  raised  on  the  petition  of  Isaac  Herrick  &  others; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  the  pe- 
tition of  William  Hall  and  others,  of  John  Downer  and  others,  with  an 
order. of  the  House  on  each  that  the  same  be  referred  to  the  Committee 
on  Manufactures;  whereupon  resolved  to  concur  in  said  orders  of  refer- 
ence. Also  communications  from  several  of  the  States  in  the  Union, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  com- 
mittee of  four  to  join;  whereupon  resolved  to  concur  in  said  order  of 
reference.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.—  The  Council  met  pursuant  to  adjournment,  His 
Honor  the  Lieut.  Gov.  in  the  Chair.  Adjourned  to  9  Oclock  Monday 
morning. 


Monday  Oct.  24, 1825.  9  Oclock  A.  M. 
The  Council  met  pursuant  to  adjournment,  the  Lieut.  Gov.  in  the 
Chair.  The  House  sent  up  the  following  for  concurrence  in  the  refer- 
ence to  wit — An  act  directing  the  Treasurer  to  pay  Charles  Hall  the 
sum  therein  mentioned,  with  an  order  of  the  House  thereon  that  the 
same  be  recommitted  to  the  Committee  of  Claims  ;  whereupon  re- 
solved to  concur  in  said  order  of  recommitment. 

1  The  committee  reported  a  resolution  adverse  to  making  these  mat- 
ters the  subject  of  an  amendment  to  the  constitution;  which  resolution 
was  adopted  by  both  houses. 


176  Governor  and  Council — October  1825. 

Also  the  petition  of  Gideon  Burrett,  with  an  order  of  the  House 
thereon  that  the  same  be  recommitted  to  the  Committee  of  Claims  ; 
whereupon  resolved  to  concur  in  said  order  of  recommitment.  Also 
the  petition  of  Noyes  Dennison,  with  an  order  of  the  House  thereon 
that  the  same  be  recommitted  to  the  land  tax  Committee  ;  whereupon 
resolved  to  concur  in  said  order  of  recommitment.  Also  the  petition  of 
Aloni  Rust,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Committee  of  Ways  and  Means  ;  whereupon  resolved  to 
concur  in  said  order  of  reference.  Also  the  Canal  Report  of  Horace 
Everett,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  that  Committee  raised  on  that  part  of  His  Excellency's  Speech 
relating  to  Canals  and  Canal  Commissioners  ;  whereupon  resolved  to 
concur  in  said  order  of  reference.  Also  the  Remonstrance  of  Benjamin 
Deming,  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.  Also  An  act  in  addition  to  an  act  entitled  an  act  for  the 
punishment  of  certain  capital  and  other  high  crimes  and  misdemeanors, 
passed  Nov.  11,  1818,  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.  Also  the  petition  of  George  Weymouth, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  com- 
mittee of  two  to  join  ;  whereupon  resolved  to  concur  in  said  order  of 
reference  and  Mr  Crafts  is  appointed  from  Council.  Also  the  petition 
of  Anderson  G.  Dana,  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  the  Committee  on  education  ;  whereupon  resolved  to 
concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
Resolved,  the  Gov.  &  Council  concurring  herein,  that  the  Judiciary 
Committee  be  instructed  to  enquire  into  the  expediency  of  a  law  making 
provision  that  Commissioners  of  Jail  delivery  shall  be  appointed  by  the 
legislature,  like  other  County  officers,  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution.  Also  the  following  resolu- 
tion to  wit,  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the 
Committee  on  the  Judiciary  be  instructed  to  enquire  into  the  expedi- 
ency of  giving  to  poor  debtors  confined  on  executions  or  attachment,  the 
right  to  appeal  from  the  decisions  of  Jail  Commissioners,  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  resolution.  Also 
the  following  resolution  to  wit,  Resolved,  the  Gov.  and  Council  concur- 
ring herein,  that  the  Judiciary  Committee  be  instructed  to  enquire  into 
the  expediency  of  giving  to  poor  debtors  confined  on  execution  or  at- 
tachment, the  privilege  of  attending  freemen's  meetings,  without  caus- 
ing a  breach  of  their  jail  bonds,  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  resolution. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  or 
proposals  of  amendment  to  wit — "  An  act  directing  the  Treasurer  to  pay 
the  sum  therein  mentioned,"  which  was  read;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  bill.  Also  ''An  act  directing  the 
Treasurer  to  pay  to  Asa  Knight  the  sum  therein  mentioned,"  which  was 
read;  whereupon  resolved  to  concur  with  the  House  in  passing  this  bill. 
Also  "  An  act  directing  the  Treasurer  to  pay  Absalom  Peters  the  sum 
therein  mentioned,"  which  was  read;  whereupon  resolved  to  concur 
with  the  House  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the 
House  of  the  passage  of  the  three  bills  last  mentioned. 

The  House  sent  up  for  concurrence  in  the  reference  the  petition  of 
Isaac  Herrick  &  others,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  four  to  join;  whereupon  resolved  to 


Governor  and  Council — October  1825.  177 

concur  in  said  order  of  reference  and  Mr-  Pierpoint  is  appointed  from 
Council.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.—The  Council  met  pursuant  to  adjournment,  the 
Lieut.  Gov.  in  the  Chair.  The  petitions  of  Roderick  Brown  and  Jonas 
Stewart,  for  pardon,  were  severally  called  up  and  on  motion  of  Mr-  Pier- 
point  ordered  to  be  dismissed.  Adjourned  to  9  Oclock  to  morrow 
morning. 


Tuesday  Oct.  25,  1825.    9  Oclock  P.  [A,]  M. 

The  Council  met  pursuant  to  adjournment,  the  Lieut.  Gov.  in  the 
Chair.  The  House  sent  up  the  following  for  concurrence  in  the  refer- 
ence to  wit,  "  An  act  for  the  relief  of  James  Way,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Committee  of  ways  and 
means;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also  , 
u  An  act  restoring  Welcome  Devoll  to  his  legal  privileges,"  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  committee 
raised  on  the  petition  of  Moses  Lyon;  whereupon,  resolved  to  concur  in 
said  order  of  reference.  Also  "  An  act  in  amendment  of  an  act  entitled 
an  act  to  promote  the  breed  of  Sheep,  and  to  preserve  different  breeds 
distinct,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  General  Committee;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  "An  act  granting  a  further  time  for  making  a  road 
in  the  towns  of  Mount  Holly  and  Wallingford,"  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  committee  on  roads 
&  canals;  whereupon  resolved  to  concur  in  said  order  of  recommitment. 
Also  the  account  of  William  Pay  against  the  State,  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.  Also  the  pe- 
tition of  the  Essex  Bridge  Company,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  on  roads  and  canals;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  An  act  direct- 
ing the  Treasurer  to  pay  to  Heman  Lowry  the  sum  therein  mentioned, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Committee  on  Claims;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  "An  act  ceding  to  the  United  States  the  exclusive 
jurisdiction  over  a  scite  for  a  light-house,"  with  an  order  of  the  House 
thereon  that  the  same  be  recommitted  to  the  Judiciary  Committee; 
whereupon  resolved  to  concur  in  said  order  of  recommitment. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit— 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  enquire  into  the  expediency  of  passing  a 
law  to  take  effect  before  another  appraisal  of  real  estate,  for  the  purpose 
of  making  up  the  Grand  List,  abolishing  the  present  system  of  apprais- 
ing real  estate,  as  a  means  of  averaging  taxes  upon  the  inhabitants,  and 
reviving  and  amending  the  ancient  system,  which  is  less  troublesome 
and  expensive,"  which  was  read;  whereupon  resolved  to  concur  in  pass- 
ing this  resolution.  The  House  sent  up  the  resolution,  introduced  by 
Mr  Barnum  on  the  19.  instant,  instructing  the  Judiciary  Committee 
upon  the  subject  of  granting  licenses  to  vendors  of  lottery  tickets,  with 
an  order  of  the  House  thereon  that  the  Judiciary  Committee  be  dis- 
charged from  the  further  consideration  of  the  same,  and  that  said  reso- 
lution be  referred  to  the  Committee  on  education;  whereupon  resolved 
to  concur  in  said  order  of  reference. 

Mr-  Holley  moved  to  reconsider  the  vote  dismissing  the  petition  of 

12 


178  Governor  and  Council — October  1825. 

Allen  Howard  for  pardon,  and  Hie  question  being  put,  it  was  decided  in 
the  negative. 

The  House  sent  up  for  revision  &  concurrence  &c.  "An  act  to  pre- 
serve the  fish  in  the  several  waters  within  the  town  of  Plymouth  in  the 
County  of  Windsor,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Ordered  that  the  Sec'y  inform  the  House  accordingly. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. —  The  Council  met  pursuant  to  adjournment,  the 
Lieut.  Gov.  in  the  Chair.  The  House  sent  up  the  following  bills  for  re- 
vision and  concurrence  or  proposals  of  amendment  to  wit,  "An  act  com- 
pensating the  Superintendant  of  the  Vermont  State  Prison,"  which  was 
read  ;  whereupon  Besolved  to  concur  in  passing  this  bill.  Also  "An  act 
restoring  Conant  Sawyer  and  William  Knoulton  2d-  to  their  legal  privi- 
leges," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered,  that  the  Sec'?  inform  the  House  of  the  passage  of  the 
s  two  last  mentioned  bills.  Also  "An  act  incorporating  certain  persons 
therein  mentioned  by  the  name  of  the  Rutland  iron  manufacturing 
Company,"  which  was  read  and  thereupon  amendments  were  proposed 
to  the  same  which  were  read  and  adopted  ;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  bill  with  said  proposals  of  amend- 
ment, and  Mr-  Wetmore  is  appointed  to  assign  reasons  to  the  House. 

On  motion,  Mr-  Langdon  had  leave  of  absence  from  the  Council  until 
Monday  next.    Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday  October  26, 1825.    9  O'clock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  An  act  repealing  the  sixth  section  of  an  act  therein  mentioned  and 
for  other  purposes,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Military  Committee  ;  whereupon  Resolved  to  concur  in 
said  order  of  reference.  Also  An  act  to  authorize  the  Guardian  of  the 
minor  heirs  of  Elizabeth  Hale  to  sell  real  estate,  and  the  petition  of 
John  Fisk,  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  the  committee  raised  on  the  petition  of  George  Weymouth  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  Also  the  petition 
of  Parris  Fletcher,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  committee  raised  on  the  petition  of  Pliny  Wicker ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  An  act 
in  explanation  of  an  act  entitled  an  act  constituting  the  Supreme  Court 
of  Judicature  and  County  Courts,  defining  their  powers  and  regulating 
judicial  proceedings,  passed  Nov.  11, 1818,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  the  Judiciary  ; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  houses 
meet  in  joint  committee  in  the  representatives'  room  to  morrow  morn- 
ing at  ten  Oclock  for  the  purpose  of  electing  a  Surveyor  Gen1-  for  the 
State  and  an  auditor  of  accounts  against  the  State  for  the  year  ensuing, 
which  was  read  ;  whereupon  resolved  to  concur  in  the  passage  of  this 
resolution  and  the  House  was  informed  of  the  same.  Also  the  petition 
of  Oliver  Farrar  and  others,  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.  Also  An  act  to  authorize  the 
Guardian  of  Jeremiah  Andrews,  late  of  Tunbridge,  deceased,  to  sell  and 
convey  the  real  estate  of  his  ward,  with  an  order  of  the  House  thereon 


Governor  and  Council — October  1825.  179 

that  the  same  be  referred  to  the  Judiciary  Committee  ;  whereupon  re- 
solved to  Concur  in  said  order  of  reference.  Also  a  resolution  introduced 
by  Mr-  Ingham '  on  the  20th-  instant,  instructing  the  General  Committee 
upon  the  subject  of  granting  a  state  lottery  with  an  order  of  the  House 
thereon  that  the  Gen1-  Committee  be  discharged  from  the  further  con- 
sideration of  the  same  and  that  said  resolution  be  referred  to  the  com- 
mittee on  education  ;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  a  resolution  of  the  nineteenth  instant  by  Mr-  Sprague a 
instructing  the  General  Committee  upon  the  subject  of  taxing  bank 
stock,  with  an  order  of  the  House  thereon  that  the  same  be  recom- 
mitted to  the  same  committee  ;  whereupon  resolved  to  concur  in  said 
order  of  recommitment.  Also  the  following  resolution  to  wit,  Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  General  Committee 
be  instructed  to  enquire  into  the  expediency  of  requiring  by  law,  that  all 
property  within  this  state,  as  well  real  as  personal,  be  appraised  and  set  in 
the  list  on  which  all  taxes  shall  be  raised  at  a  certain  per  cent,  on  the  real 
value,  and  report  by  bill  or  otherwise,  which  was  read ;  whereupon  resolved 
to  concur  in  passing  this  resolution.  Also  the  following  resolution  to  wit, 
Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  committee 
on  roads  and  canals  be  instructed  to  enquire  into  the  expediency  of 
passing  a  law  authorizing  any  County  Court  in  this  state  to  appoint  a 
committee  with  power  to  discontinue  any  road  which  may  have  been 
laid  out  and  established  by  a  committee  appointed  by  said  County  Court 
at  any  previous  term  thereof,  which  was  read  ;  whereupon  resolved  to 
Concur  in  passing  this  resolution.  Also  the  following  resolution  to  wit, 
Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  Military 
Committee  be  instructed  to  enquire  into  the  expediency  of  making  pro- 
vison  by  law  for  gradually  supplying  the  artillery  companies  in  this 
state,  not  already  supplied,  with  pieces  of  ordnance,  which  was  read ; 
whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  for  concurrence  the  Report  of  the  Committee  and 
accompanying  resolution  upon  the  subject  of  proposing  amendments  to 
the  Constitution  of  the  United  States,  which  were  read;  whereupon  re- 
solved to  concur  in  passing  the  same.3 

The  House  sent  up  the  following  bills  for  revision  &c.  "An  act  laying 
a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of  Coventry," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  for  the  relief  of  the  town  ot  Plymouth,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
directing  the  Treasurer  to  pay  Joseph  Weeks  the  sum  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the 
three  bills  last  mentioned. 

The  Gov.  &  Council  attended  in  the  House  for  further  County  appoint- 
ments and  also  to  appoint  a  Surveyor  General  and  an  auditor  of 
accounts  against  this  state  and  then  returned  to  their  Chamber.4 

Adjourned  to  2  Oclock  P.  M. 

1  Oliver,  of  Canaan. 

2  Nathan  T.  of  Mount  Holley,  afterward  of  Brandon. 

8  The  report  and  resolution  were  adverse  to  proposing  an  amendment 
regulating  the  election  of  Presidential  electors  and  members  of  Con- 
gress.— See  printed  Assembly  Journal  of  1825,  pp.  71-'2. 

*  Calvin  C.  Waller  was  elected  Surveyor  General,  and  David  Pierce 
Auditor. 


180  Governor  and  Council — October  1825. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  October  27, 1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit,  The  petition 
of  Moses  Catlin,  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.  The  petition  of  Elias  Keyes,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  committee  of  four  to 
join  ;  whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr- 
Pierpoint  is  appointed  from  Council. 

The  House  sent  up  for  concurrence  a  resolution  introduced  by  Mr- 
Austin1  on  the  26th-  instant  instructing  the  Committee  of  Ways  & 
Means  to  enquire  into  the  expediency  of  compiling  the  laws  relating  to 
legal  settlement,  which  was  read  ;  whereupon  resolved  to  concur  with 
the  House  in  passing  this  resolution.  Also  a  resolution  introduced  by 
Mr-  Edgerton2  on  the  26th-  instant,  instructing  the  Judiciary  Committee 
to  enquire  into  the  expediency  of  so  amending  the  laws  as  to  authorise 
the  Supreme  and  County  Courts  to  sentence  to  hard  labor  in  the  state 
prison,  or  fine  in  their  discretion,  for  any  offence  now  punishable  by  fine 
only,  which  was  read  ;  whereupon  resolved  to  concur  with  the  House  in 
passing  this  resolution.  Also  a  resolution  introduced  by  Mr-  Eldridge3 
on  the  26th-  instant,  instructing  the  Judiciary  Committee  to  enquire  into 
the  expediency  of  altering  the  ^imes  for  holding  the  Supreme  and 
County  Courts  in  this  state,  which  was  read  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  resolution.  Also  a  resolution 
introduced  by  Mr  Clark  of  M.4  instructing  the  General  Committee  to 
enquire  into  the  expediency  of  passing  a  law  providing  that  all  persons 
who  take  a  license  to  retail  spirituous  liquors  shall  enter  into  a  recogni- 
zance in  some  exemplary  sum,  which  was  read  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  resolution. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  "An  act  directing  the  Treasurer  to  pay  Lewis  Keeler  the  sum 
therein  mentioned,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  appointing  a  collector  of  taxes  for  the 
town  of  Barnard,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  laying  a  tax  of  three  cents  on  each  acre 
of  land  in  the  town  of  Lunenburgh,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'?  inform 
the  House  of  the  concurrence  of  the  Gov.  &  Council  in  the  passage  of 
[the]  three  bills  last  mentioned.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
Adjourned  to  9  Oclock  to  morrow  morning. 

1  Samuel,  of  Tunbridge. 

2  Lebbeus,  of  Randolph. 

8  John  M.  of  Hinesburgh. 
*  Gen.  Jonas  of  Middletown. 


Governor  and  Council — October  1825.  181 

Friday  Oct.  28, 1825. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit,  "  An  act  to  re- 
peal an  act  therein  mentioned,"  Also  "  An  act  in  addition  to  an  act  for 
regulating  and  governing  the  militia  of  this  state,"  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  Military  Committee; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  ''An  act 
directing  the  Treasurer  to  pay  the  sum  therein  mentioned,"  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
Claims;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"An  act  making  further  provisions  relative  to  granting  bills  of  divorce 
and  alimony  and  to  redress  certain  grievances,"  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.  Also  the  pe- 
tition of  John  Warner  &  others,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Military  Committee ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  "  An  act  appropri- 
ating a  sum  of  money  for  the  purchase  of  surveyor's  instruments  to  be 
deposited  in  the  Surveyor  General's  office,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  [the]  Committee  of  Ways  and 
Means;  whereupon  resolved  to  concur  in  said  order  of  reference. 

A  written  message  was  received  from  the  Speaker  of  the  House,  in- 
forming the  Gov.  &  Council  that  the  House  had  concurred  in  the  amend- 
ments proposed  by  the  Gov.  &  Council  to  the  bill  entitled  "An  act  in- 
corporating the  Rutland  iron  manufacturing  Company." 

The  House  sent  up  for  revision  and  concurrence  &c.  the  following 
bills  to  wit — "  An  act  incorporating  the  President,  Directors  and  Com- 
pany of  the  Bank  of  Montpelier,"  which  was  read  and  committed  to 
Messrs.  Butler  and  Wetmore  for  examination,  who  immediately  reported 
the  same  without  amendment  and  thereupon  it  was  ordered  that  said 
bill  be  laid  upon  the  table.  Also  ';  An  act  in  addition  to  an  act  entitled 
an  act  incorporating  the  President,  Directors  and  Company  of  the 
Bank  of  Montpelier,"  which  was  read  and  committed  to  Messrs.  Butler 
and  Wetmore  who  reported  the  same  without  amendment  and  it  was  or- 
dered that  said  bill  be  laid  upon  the  table.  Also  "  An  act  incorporating 
the  President,  Directors  and  Company  of  the  Bank  of  St.  Albans,"  which 
was  read  and  committed  to  Messrs.  Butler  and  Wetmore.  Adjourned 
to  2  Oclock  P.  M. 

2  Oclock  P.  M.— The  Gov.  &  Council  met  pursuant  to  adjournment. 
Resumed  the  consideration  of  the  bill  entitled  "  An  act  incorporating 
the  President,  Directors  and  Company  of  the  Bank  of  Montpelier," 
which  was  read;  whereupon  resolved  to  concur  with  the  House  in  pass- 
ing this  bill.  Also  "  An  act  in  addition  to  an  act  incorporating  the 
President,  Directors  and  Company  of  the  Bank  of  Montpelier,"  which 
was  read;  whereupon  resolved  to  concur  with  the  House  in  passing  this 
bill.  Ordered  that  the  Sec'y  inform  the  House  of  the  concurrence  of  the 
Gov.  &  Council  in  the  passage  of  the  two  bills  last  mentioned.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Saturday  Oct.  29, 1825.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent  up 
for  revision  &c.  the  bill  entitled  "  An  act  altering  the  names  of  certain 
persons  therein  mentioned,"  which  was  read  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  bill.  Ordered  that  the  Sec'y  in- 
form the  House  of  the  same. 


182  Governor  and  Council — October  1825. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit — "An  act  to  raise  money  by  lottery  for  a  school  fund  and  for  other 
purposes,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Committee  on  education;  whereupon  resolved  to  concur  in  said 
order  of  reference.  Also  "  An  act  in  addition  to  an  act  directing,  the 
several  County  Courts  in  this  state  in  the  mode  of  setting  out  their  re- 
spective jail  yards  and  restricting  them  therein,  passed  Nov.  16,  1813," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Ju- 
diciary Committee;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  "  An  act  to  repeal  an  act  therein  mentioned,"  Also  "  An 
act  establishing  the  form  of  certain  oaths,"  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  Also  an  act  in 
amendment  of  the  several  acts  directing  the  mode  of  obtaining  licenses 
and  laying  duties  on  licenses,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  General  Committee;  whereupon  resolved  to 
Concur  in  said  order  of  reference.  Also  An  act  directing  the  Treasurer 
to  pay  Daniel  Kellogg  and  Norman  Williams  the  sums  therein  men- 
tioned, 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.  Also  an  act  to  incorporate  the  Onion  river  navigation 
and  tow-path  Company,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  on  roads  and  canals;  whereupon  re- 
solved to  Concur  in  said  order  of  reference.  Also  the  petition  of  Isaac 
Herrick  &  others,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  a  committee  of  four  to  join;  whereupon  resolved  to  concur 
in  said  order  of  reference  and  Mr-  Pierpoint  is  appointed  from  Council. 

The  committee  to  whom  was  committed  the  bill  entitled  "An  act  to 
incorporate  the  President,  Directors  and  Company  of  the  Bank  of  St. 
Albans"  reported  the  same  without  amendment  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  bill.  Ordered  that  the  Sec'r  in- 
form the  House  of  the  same.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  for  revision  &c.  "  An  act  in  addition  to  an  act  estab- 
lishing a  corporation  by  the  name  of  the  Windham  Turnpike  Company," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'^  inform  the  House  of  the  same.  Adjourned  to 
Monday  next  9  Oclock  A.  M. 


Monday  Oct.  31, 1825.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  to  wit — The  petition  of  Joseph  Smith  2d- 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
committee  raised  on  the  petition  of  Pliny  Wicker  ;  whereupon  resolved 
to  concur  in  said  order  of  reference.  Also  the  petition  of  John  Moulton 
and  others,  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  Military  Committee;  whereupon  resolved  to  concur  in  said  or- 
der of  reference.  Also  the  message  of  His  Excellency  and  the  commu- 
nication of  D.  Kellogg,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  two  to  join  ;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  Mr-  Pierpoint  is  appointed  from 
Council.  Also  the  petition  of  Elias  Lyman  Junr-  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.  Also  "An  act 
in  addition  to  the  several  acts  relating  to  jails  and  jailers  and  for  the  re- 


Governor  and  Council — November  1825.  183 

lief  of  persons  imprisoned  therein,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Judiciary  Committee  ;  whereupon  re- 
solved to  Concur  in  said  order  of  reference.  Also  "An  act  annexing  part 
of  Kelly's  Grant  number  two  to  the  town  of  Kelleyvale"  [Lowell,]  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
raised  on  the  petition  of  Asa  Phillips;  whereupon  resolved  to  Concur  in 
said  order  of  reference.  Also  "An  act  authorizing  a  lottery  in  the  State 
of  Vermont  for  the  term  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  education  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  the  peti- 
tion of  Harvey  Lamb  &  others,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  committee  on  roads  &  canals  ;  whereupon 
resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
Resolved,  the  Gov.  &  Council  concurring  herein,  that  a  committee  of 
four  to  join  from  Council  be  appointed  to  take  into  consideration  the 
applications  which  have  been  or  may  be  made  by  different  individuals 
and  companies  for  grants  of  lotteries  in  this  state  and  report  by  bill  or 
otherwise — which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  resolution  and  Mr-  Wetmore  is  appointed  from  Council. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit  —  "An  act  granting  to  David  H.  Sumner  the  right  of  a  toll 
bridge,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  for  the  relief  of  Edward  Wade,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  for 
the  relief  of  the  town  of  Peru,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "An  act  directing  the  Treasurer  to  pay 
Solomon  Downer  the  sum  therein  mentioned,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "An  act  directing  the 
Treasurer  to  pay  Jonas  Whitney  Junr-  the  sum  therein  mentioned," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
•Also  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Holland,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  laying  a  tax  of  three  cents  on  each  acre  of  land 
in  the  town  of  Sheffield,"  which  was  read  ;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also  "An  act  assessing  a  tax  on  the  County  of 
Orleans,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the 
nine  bills  last  mentioned.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  for  revision  &c.  the  bill  entitled  "An  act  for  the 
relief  of  Aloni  Rust,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.     Ordered  that  the  Sec'?  inform  the  House  accordingly. 

Mr-  Pierpoint,  on  motion,  was  excused  from  serving  on  the  committee 
raised  on  the  memorial  of  Elias  Keyes  and  Mr-  Crafts  was  appointed  to 
supply  his  place.     Adjourned  to  9  Oclock  to  morrow  morning. 


Tuesday  November  1, 1825.  9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit — A  com- 
munication from  His  Excellency  the  Gov1-  relating  to  the  visit  of  Gen- 
eral Lafayette  to  this  state,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  CommiUtee  of  Ways  and  Means  ;  whereupon 


184  Governor  arid  Council — November  1825. 

resolved  to  concur  in  said  order  of  reference. '  Also  "An  act  in  addition 
to  an  act  entitled  an  act  empowering  the  selectmen  of  Wells  and  Poult- 
ney  in  the  County  of  Rutland  to  draw  the  waters  of  a  certain  mill-pond 
raised  in  Wells  and  Poultney  to  their  ancient  and  natural  level  at  cer- 
tain seasons  of  the  year,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  who  reported  it;  whereupon  resolved 
to  Concur  in  said  order  of  reference.  Also  An  act  incorporating  certain 
persons  by  the  name  of  the  Franklin  County  Steamboat  Company,  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Com- 
mittee raised  on  that  part  of  His  Excellency's  Speech  relating  to  Canals; 
whereupon  resolved  to  Concur  in  said  order  of  reference.  Also  An  act 
appointing  a  collector  in  the  town  of  Franklin,  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.  Also  An  act 
in  addition  to  an  act  regulating  the  conveyance  of  real  estate  and  for  the 
prevention  of  fraud  therein,  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.  Also  The  petition  of  William  A. 
Griswold,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  General  Committee  ;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  the  following  resolution  to  wit,  Resolved,  the  Gov. 
and  Council  concurring  herein,  that  the  Military  Committee  be  in- 
structed to  enquire  into  the  expediency  of  providing  by  law  a  method 
by  which  commandants  of  companies  may  collect  fines  incurred  by 
minors,  from  their  parents,  masters  or  guardians,  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution.  Also  the 
following  resolution  to  wit,  "Resolved,  the  Gov.  and  Council  concurring 
herein,  that  the  General  Committee  be  instructed  to  enquire  into  the 
expediency  of  passing  a  law  making  any  Captain  or  master  of  any  vessel 
or  boat  and  any  other  person,  who  shall  land  or  introduce  any  foreigner 
into  this  state,  liable  to  the  maintenance  of  such  foreigner  if  he  shall 
become  chargeable  to  any  town  in  this  state" — which  was  read  ;  where-* 
upon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  "  An  act  directing  the  Treasurer  to  pay  Ichabod  Onion  and  Rufus 
Atwood  of  Chester  the  sum  therein  mentioned,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  grant- 
ing to  Pliny  Wicker  the  right  to  keep  a  ferry,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  granting  to 
Charles  F.  Wicker  the  right  to  keep  a  ferry,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "An  act  for  the  re- 
lief of  James  Way,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  to  authorize  the  Guardian  of  the  minor 
heir  of  Jeremiah  Andrews  late  of  Tunbridge,  deceased,  to  sell  and  con- 
vey the  real  estate  of  his  ward,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  authorising  the  Auditor  of 
Accounts  to  administer  oaths  in  certain  cases,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  directing 
the  Treasurer  of  this  State  to  credit  the  Town  of  Landgrove  the  amount 
therein  mentioned,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  laying  a  tax  on  the  County  of  Orange," 
which  was  read;  whereupon  resolved   to  concur  in  passing  this  bill. 

1  Gov.  Van  Ness  communicated  an  account  of  expenses  incurred, 
amounting  to  $564.77,  but1  not  including  his  personal  expenses.  —  See 
printed  Assembly  Journal  of  1825,  p.  99. 


Governor  and  Council — November  1825.  185 

Also  "  An  act  assessing  a  tax  on  the  County  of  Windsor,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
authorising  the  inhabitants  of  Waterv'ille  to  assess  and  collect  taxes  on 
the  list  of  the  polls  and  rateable  property  of  said  town,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also,  "  An  act  lay- 
ing a  tax  of  four  cents  on  each  acre  of  land  in  that  part  of  the  town  of 
Mount  tabor  formerly  called  Harwich,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  directing  the  Treas- 
urer to  pay  Abel  Carter  the  sum  therein  mentioned,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  concurrence  of  the  Gov.  &  Council  in  the 
passage  of  the  twelve  bills  last  mentioned.  Adjourned  to  2  Oclock 
P.  M. 

2  Oclock  P.  M.  —  The  Gov.  &  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  resolution  for  concurrence  to 
wit — "  Kesolved,  the  Gov.  &  Council  concurring  herein,  that  both  houses 
meet  in  the  representatives'  room  to  morrow  morning  at  ten  Oclock  for 
the  purpose  of  electing  a  person  to  preach  the  next  election  sermon," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. Also  the  following  resolution  to  wit,  "  Resolved,  the  Gov.  & 
Council  concurring  herein,  that  the  two  houses  meet  in  the  representa- 
tives' room  in  Joint  Committee  to  morrow  morning  at  10  Oclock,  for  the 
purpose  of  electing  five  trustees  of  the  University  of  Vermont,  to  sup- 
ply the  vacancy  occasioned  by  the  expiration  of  office  of  William  Nut- 
ting, William  'Baxter,  Ezra  Meach,  Guy  Catlin  and  Titus  Hutchinson," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  reso- 
lution. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  or 
proposals  of  amendment — "  An  act  in  addition  to  the  several  acts  au- 
thorising the  Supreme  Court  to  appoint  Commissioners  of  Jail  delivery," 
which  was  read  and  thereupon  amendments  were  proposed  to  the  same, 
which  were  read  and  adopted;  whereupon  Resolved  to  concur  in  pass- 
ing this  bill  with  said  proposals  of  amendment  and  reasons  for  said 
amendments  were  assigned  in  writing.  Also  "  An  act  laying  a  tax  of 
four  cents  on  each  acre  of  land  in  the  town  of  Kellyvale  [Lowell]  includ- 
ing Kelly's  Grant  N°-  two,"  which  was  read;  and  thereupon  amendments 
were  proposed  to  said  bill  which  were '  read  and  adopted  ;  whereupon 
Resolved  to  concur  in  passing  this  bill  with  said  proposals  of  amendment 
and  reasons  for  the  same  were  proposed  [assigned]  in  writing.  Also 
11  An  act  laying  a  tax  of  six  cents  on  each  acre  of  land  in  the  town  of 
Wolcott,"  which  was  read  and  thereupon  amendments  were  proposed  to 
said  bill  which  were  read  and  adopted;  whereupon  resolved  to  concur  in 
passing  this  bill  with  said  proposals  of  amendment  and  reasons  for  the 
same  were  assigned  in  writing.  Ordered  that  the  Sec'y  return  the  three 
bills  last  mentioned  to  the  House  and  request  their  concurrence  in  the 
several  proposed  amendments.  Adjourned  to  9  Oclock  to  morrow 
morning. 

Wednesday  Nov.  2  1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit — An  act  incor- 
porating the  Vermont  Canal  Company,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  raised  on  that  part 
of  His  Excellency's  Speech  relating  to  Canals  ;  whereupon  resolved  to 
concur  in  said  order  of  reference. 

Mr.  Langdon  appeared  in  the  Council  and  took  his  seat. 


186  Governor  and  Council — November  1825. 

The  House  sent  up  the  following  for  concurrence  to  wit,  An  act  in 
addition  to  the  act  regulating  the  settlement  of  testate  and  intestate 
estates,  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. 

The  House  sent  up  the  following  resolution  for  concurrence — "  Re- 
solved, that  His  Excellency  the  Gov.  with  the  advice  of  the  Council,  be 
requested  to  appoint  thursday  the  first  day  of  December  next  to  be  ob- 
served as  a  day  of  public  thanksgiving  and  praise  throughout  this  state," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. Also  the  following  resolution,  "  Resolved,  the  Gov.  &  Council 
concurring  herein,  that  the  Judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  altering  or  repealing  '  An  act  in  addition  to  the 
several  acts  directing  the  mode  of  attaching  real  estate,'  passed  Nov.  6, 
1823,  and  report  by  bill  or  otherwise,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  resolution. 

A  message  was  received  from  the  House  by  Mr  [Titus]  Hutchinson, 
one  of  its  members,  informing  that  the  House  had  nonconcurred  in  the 
amendments  proposed  by  the  Gov.  and  Council  to  the  bill  entitled  "  An 
act  in  addition  to  the  several  acts  authorising  the  Supreme  Court  to  ap- 
point commissioners  of  jail  delivery,"  and  after  assigning  the  reasons  of 
the  House  and  requesting  the  Gov.  and  Council  to  rescind  from  their 
proposals  of  amendment  and  to  concur  in  the  passage  of  said  bill,  he 
withdrew  ;  whereupon  resolved  to  concur  in  passing  this  bill  without 
said  proposals  of  amendment. 

The  House  sent  up  the  following  bills  for  concurrence  &c.  "An  act 
to  revive  an  act  laying  a  tax  on  the  town  of  Highgate,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  laying 
a  tax  on  the  County  of  Windham,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "An  act  authorising  any  constable 
of  Burlington  to  serve  process  on  the  wharf  and  on  vessels  in  Burling- 
ton bay,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  incorporating  certain  persons  therein  named  by  the 
name  of  the  Bellows  Falls  fire  company,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  to  incorporate 
certain  persons  therein  mentioned  by  the  name  of  the  Middlebury  iron 
manufacturing  Company,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the  House  of 
the  passage  of  the  six  bills  last  mentioned. 

The  Gov.  and  Council  attended  in  the  representatives'  room  and  made 
further  County  appointments  ;  and  also  elected  a  person  to  preach  the 
next  election  sermon,  and  five  trustees  of  the  University  of  Vermont, 
after  which  they  returned  to  their  Chamber.1  Adjourned  to  2  Oclock 
P.M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  bills  for  concurrence  &c.  "An  act 
directing  the  Treasurer  to  pay  Simeon  Ide  the  sum  therein  mentioned," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  to  incorporate  the  President,  Directors  and  Company  of 
the  Bank  of  Caledonia,"  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  bill.     Ordered  that  the  Sec'?  inform  the  House  of  the 

JThe  appointments  were  Rev.  Wilbur  Fisk  to  preach  the  sermon, 
and  Rev.  Buel  Goodsell  substitute  ;  trustees,  William  Nutting,  Rev. 
John  Wheeler,  William  Baxter,  Guy  Catlin,  and  Rev.  Worthington 
Smith. 


Governor  and  Council — November  1825.  187 

concurrence  of  the  Gov.  &  Council  in  the  passage  of  the  two  bills  last 
mentioned. 

Mr-  Chittenden  moved  to  reconsider  the  vote  dismissing  the  petition  of 
William  Freeman  for  pardon,  and  it  was  ordered  that  the  consideration 
of  said  motion  be  postponed  until  to  morrow  morning.  Adjourned  to  9 
Oclock  to  morrow  morning. 


Thursday  Nov.  3,  1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit — "  An  act  for 
the  benefit  of  iron  Manufactories,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  on  Manufactures  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  the  petition  of 
Lyman  Smith,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Committee  on  education;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  the  following  resolution  to  wit,  Resolved, 
the  Gov.  &  Council  concurring  herein,  that  the  Sec'?  of  State  be  directed 
and  he  is  hereby  authorised,  as  soon  as  may  be,  to  cause  all  the  public 
acts  of  this  session  and  of  all  future  sessions  of  the  legislature  of  this 
state  to  be  printed  in  all  the  newspapers  printed  in  this  state,  and  that 
the  auditor  of  accounts  allow  therefor  three  cents  per  line,  estimated  in 
long  primer  type,  to  such  as  print  the  same,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  General  Committee;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit — "  An  act  granting  a  further  time  for  making  a  road  in  the 
towns  of  Mount  Holly  and  Wallingford,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "  An  act  to  preserve  fish 
in  Barnard  pond,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  ceding  to  the  United  States  the  exclu- 
sive jurisdiction  over  a  scite  for  a  light-house,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Ordered  that  Sec'r  inform 
the  House  of  the  concurrence  of  the  Gov.  &  Council  in  the  passage  of  the 
three  bills  last  mentioned. 

Resumed  the  consideration  of  the  motion  to  reconsider  the  vote  dis- 
missing the  petition  of  William  Freeman,  and  the  same  was  reconsid- 
ered, and  thereupon  the  question  being  put  "  Shall  the  said  William 
Freeman  be  discharged  from  confinement  ?"  it  was  determined  in  the 
affirmative — Yeas  7,  Nays  5.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  for  concurrence  a  resolution  instructing  the  commit- 
tee to  whom  was  referred  the  petition  of  William  Barron  and  Hannah 
D.  Barron  to  report  the  facts  and  law  relating  to  said  petition,  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  bills  for  concurrence  &c. — "  An  act 
incorporating  Bennington  east  village  fire  engine  Company,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act 
to  preserve  the  fish  in  the  waters  of  Bennington  and  Pownal  in  the 
County  of  Bennington,"  which  was  read  ;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  bill  with  certain  proposals  of  amend- 
ment, and  reasons  for  said  amendments  were  assigned  in  writing.  Or- 
dered that  the  Sec'y  return  said  bill  and  reasons  to  the  House.  Also  "An 
act  to  incorporate  the  President,  Directors  and  Company  of  the  bank 
of  Vergennes,"  which  was  read  and  committed  to  Mn  Holley  for  examina- 
tion and  amendment.    Also  "  An  act  in  addition  to  the  several  acts  for 


188  Governor  and  Council — November  1825. 

the  support  of  Schools,"  which  was  read  ;  whereupon  resolved  not  to 
concur  with  the  House  in  passing  this  bill  and  reasons  for  nonconcur- 
rence  were  assigned  in  writing.  Ordered  that  the  Sec'y  return  said  bill 
and  reasons  to  the  House.     Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  Nov.  4, 1825.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  resolution  for  concurrence  to  wit — "Resolved,  the  Gov. 
and  Council  concurring  herein,  that  both  Houses  meet  in  County  Con- 
ventions at  the  adjournment  of  the  House  to  morrow  afternoon,  for  the 
purpose  of  nominating  Commissioners  of  jail  delivery  for  the  several 
counties;  and  that  both  houses  meet  in  Joint  Committee  in  the  repre- 
sentatives' room  on  Wednesday  next  at  ten  Oclock  in  the  forenoon  to 
make  the  appointment  of  said  Commissioners,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  resolution.  Ordered  that  the 
Sec'?  inform  the  House  accordingly. 

The  House  sent  up  the  following  for  concurrence  in  the  reference 
to  wit — "  An  act  to  repeal  an  act  therein  mentioned,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  committee  on  roads 
and  canals;  whereupon  Resolved  to  concur  in  said  order  of  reference. 
Also  An  act  authorising  County  Surveyors  to  take  the  acknowledgement 
of  deeds,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Judiciary  Committee;  whereupon  resolved  to  concur  in  said  or- 
der of  reference.  Also  An  act  in  amendment  of  the  several  acts  direct- 
ing the  mode  of  obtaining  licenses  and  laying  duties  on  licenses,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  General 
Committee;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  An  act  authorising  S.  W.  &  S.  S.  Keyes  to  build  a  wharf,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
raised  on  that  part  of  his  Excellency's  Speech  which  relates  to  canals; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
"  An  act  in  addition  to  and  alteration  of  an  act  entitled  an  act  for  the 
distribution  of  laws,  journals  and  other  public  papers,"  which  was  read; 
whereupon  Resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  same.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  resolution  for  concurrence  to  wit,  "Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  the  two  houses  meet 
in  Joint  Committee  in  the  representatives'  room  at  two  oclock  this  after- 
noon for  the  purpose  of  electing  a  Major  General  of  the  2d-  Division  of 
the  militia  to  fill  the  vacancy  occasioned  by  the  decease  of  Major  Gen- 
eral Elisha  Hopkins,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  resolution. 

A  written  message  was  received  from  the  Speaker  of  the  House  of  rep- 
resentatives, informing  that  the  House  had  concurred  in  the  amend- 
ments proposed  by  the  Gov.  &  Council  to  the  following  bills  to  wit,  "An 
act  to  preserve  the  fish  in  the  waters  of  Bennington  and  Pownal  in  the 
County  of  Bennington,"  and  "  An  act  laying  a  tax  of  Six  Cents  on  each 
acre  of  land  in  the  town  of  Wolcott." 

Mr-  Holley,  to  whom  was  committed  the  bill  entitled  "An  act  to 
incorporate  the  President,  Directors  and  Company  of  [the  Bank  of] 
Vergennes,"  reported  the  same  with  an  amendment  and  the  bill  and 
amendment  were  laid  upon  the  table. 


Governor  and  Council — November  1825.  189 

The  Gov.  &  Council  attended  in  the  representatives'  room  and  elected 
a  Major  General  of  the  2d-  Division  of  the  militia,  after  which  they  re- 
turned to  their  Chamber. »     Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Kov.  5, 1825.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  resolution  for  concurrence  to  wit,  Resolved,  the  Gov. 
and  Council  concurring  herein,  that  the  two  houses  meet  in  Joint 
Committee  in  the  representatives'  room  to  morrow  morning  at  ten 
Oclock  for  the  purpose  of  electing  Brigadier  Generals  of  the  first  Bri- 
gade first  Division  and  third  Brigade  first  Division  and  third  Brigade 
and  third  Division  of  the  militia  of  this  state,  to  fill  the  several  vacan- 
cies occasioned  by  the  resignation  of  Brigadier  Generals  Smith,  Francis 
and  Fairbanks  ;  and  a  Brigadier  General  of  the  second  Brigade  in  the 
second  Division  to  fill  the  vacancy  occasioned  by  the  promotion  of 
General  Clark  —  which  was  read  ;  whereupon  resolved  to  concur  with 
the  House  in  passing  this  resolution.  Ordered  that  the  Sec'y  inform  the 
House  of  the  same. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
"An  act  dividing  the  County  of  Chittenden  into  two  probate  Districts," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
members  of  Chittenden  County  ;  whereupon  resolved  to  concur  in  said 
order  of  reference.  Also  An  act  to  incorporate  the  President,  Directors 
and  Company  of  the  bank  of  Orange  County,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  General  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  An  act  annex- 
ing Reuben  Wilkinson  Junr-  of  West  Haven  to  the  ninth  School  District 
in  Benson,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Committee  on  education  ;  whereupon  resolved  to  concur  in  said 
order  of  reference.  Also  An  act  legalizing  the  proceedings  of  Ward 
Bayley  Junr-  first  constable  of  the  town  of  Minehead  [Bloomfield,]  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. 
Also  An  act  repealing  the  second  section  of  an  act  therein  mentioned — 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
General  Committee  ;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  An  act  granting  a  further  time  to  make  a  road  in  the 
town  of  Brookfield,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Committee  on  roads  and  canals  ;  whereupon  resolved  to 
concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  Committee 
on  education  be  instructed  to  enquire  if  any  and  what  encouragement 
should  be  given  by  the  state  to  Mr-  Ebenezer  Hutchinson,  on  account  of 
his  elegant  and  improved  edition  of  Whitelaw's  map  of  Vermont,"  which 
was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  Gov.  and  Council  attended  in  the  representatives'  room  and 
elected  several  Brigadier  Generals,  after  which  they  returned  to  their 
Chamber.2 

i  Jonas  Clark  of  Middletown  was  elected. 

1  The  following  named  persons  were  elected  Brigadier  Generals:  Phin- 
eas  Mather  Jr.,  Mills  May,  James  Farnsworth,  John  Kellogg. 


190  Governor  and  Council — November  1825. 

The  House  sent  the  following  bills  for  revision  and  concurrence  &c. 
to  wit,  "  An  act  directing  the  Treasurer  to  pay  Daniel  Kellogg  and  Nor- 
man Williams  the  sums  therein  mentioned,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  directing 
the  Treasurer  to  pay  Miriam  Nickols  the  sum  therein  mentioned,"  which 
was  read  :  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An 
act  establishing  the  form  of  certain  oaths,"  which  was  read  ;  whereupon 
resolved  not  to  concur  with  the  House  in  passing  this  bill,  and  reasons 
for  nonconcurrence  were  assigned  in  writing  by  Mr-  Crafts.  Ordered 
that  the  Sec'y  return  the  three  bills  last  mentioned  to  the  House.1 

The  bill  entitled  l<  An  act  directing  the  Treasurer  to  pay  Edward  Si- 
monds  the  sum  therein  mentioned  "  was  read  and  committed  to  Messrs. 
Eoberts  and  the  Lieut.  Governor  for  examination.  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  committee  to  whom  was  committed  the  bill  entitled  "  An  act  di- 
recting the  Treasurer  to  pay  Edward  Simonds  the  sum  therein  men- 
tioned," reported  that  the  same  ought  not  to  pass  ;  whereupon  resolved 
not  to  concur  with  the  House  in  passing  this  bill,  and  reasons  were  as- 
signed in  writing  by  Mr-  Wetmore.  Ordered  that  the  Sec'^  return  said 
bill  and  reasons  to  the  House. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  to  incorporate 
the  President,  Directors  and  Company  of  the  bank  of  Vergennes,"  and 
after  hearing  counsel  for  and  against  the  passage  of  said  bill,  it  was  or- 
dered that  said  bill  be  laid  upon  the  table  until  monday  afternoon  next. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
"  An  act  to  repeal  a  part  of  an  act  therein  mentioned,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  Judiciary  Commit- 
tee; whereupon  resolved  to  concur  in  said  order  of  reference.  Ad- 
journed to  Monday  next  9  Oclock  A.  M. 


Monday  Nov.  7, 1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit  —  An  act 
for  the  encouragement  of  Manufactures,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  Manufactures; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "  an  act 
in  addition  to  and  amendment  of  an  act  entitled  an  act  to  enforce  the  due 
observation  of  the  Sabbath,"  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.  Also  "  An  act  making  further  provis- 
ion for  reporting  the  decisions  of  the  Supreme  Court,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  Judiciary  Commit- 
tee.    Concurred  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
14  In  General  Assembly  Nov.  5, 1825.  Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Surveyor  of  the  public  buildings  be  instructed 
to  erect  a  spire  and  lightning-rod  over  the  cupola  of  the  State-House," 
which  was  read;  whereupon  resolved  to  concur  with  the  House  in  pass- 
ing this  resolution — ordered  that  the  Sec'y  inform  the  House  of  the  same. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
to  wit  — "  An  act  to  incorporate  the  Onion  river  navigation  and  tow-path 

1  That  is,  two  concurred,  and  one  nonconcurred. 


Governor  and  Council — November  1825.  191 

Company,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  in  explanation  of  an  act  entitled  an  act  in  addi- 
tion to  an  act  entitled  an  act  constituting  the  Supreme  Court  of  Judica- 
ture and  County  Courts,  denning  their  powers  and  regulating  judicial 
proceedings,  passed  Nov.  11, 1824,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the  House 
of  the  passage  of  the  two  bills  last  mentioned. 

Kesumed  the  consideration  of  the  bill  entitled  "An  act  to  incorporate 
the  President,  Directors  and  Company  of  the  bank  of  Vergennes," 
having  voted  to  consider  the  same  at  this  time.  Mr-  Pierpoint  moved 
to  amend  said  bill  by  erasing  the  word  "Vergennes"  wherever  it  occurs 
in  said  bill  and  inserting  in  lieu  thereof  the  word  "Middlebury,"  and  the 
question  being  thereupon  put,  it  was  decided  in  the  negative.  His 
Honor  the  Lieut.  Gov.  moved  to  reconsider  the  vote  negativing  the 
proposed  amendment  providing  for  a  branch  of  said  bank  at  Middle- 
bury,'  and  the  question  being  put  it  was  decided  in  the  negative.  The 
question  was  then  put  "  Will  the  Council  concur  with  the  House  in  pass- 
ing this  bill  ?"  which  was  determined  in  the  negative  by  yeas  and  nays 
— Yeas  6,  nays  7,  and  so  the  Gov.  and  Council  resolved  not  to  concur 
with  the  House  in  passing  this  bill  and  reasons  were  assigned  by  Mr- 
Langdon  in  writing.  Ordered  that  the  Sec'^  return  said  bill  and  reasons 
to  the  House.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  &  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bills  for  revision  and  concur- 
rence &c.  "  An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the 
town  of  Northfield,"  which  was  read;  whereupon  resolved  to  concur 
with  the  House  in  passing  this  bill.  Also  "  An  act  laying  a  tax  of  six 
cents  on  each  acre  of  land  in  the  town  of  Groton  and  Harris  Gore,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this-bill.  Also  "An 
act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town  of  Eich- 
ford,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in 
the  town  of  Montgomery,"  which  was  read;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  bill.  Also  "An  act  in  addition  to  an 
act  incorporating  certain  persons  therein  named  by  the  name  of  Essex 
bridge  Company,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  in  addition  to  an  act  to  establish  a 
County  Grammar  School  in  the  County  of  Orleans,  passed  Nov.  15, 1820," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'?  inform  the  House  of  the  passage  of  the  six  bills 
last  mentioned.  Also  "  An  act  in  addition  to  the  several  acts  constitut- 
ing the  Supreme  and  County  Courts  and  regulating  judicial  proceedings," 
which  was  read  and  thereupon  amendments  were  proposed  to  said  bill 
which  were  read  and  adopted,  whereupon  resolved  to  concur  with  the 
House  in  passing  this  bill  with  said  proposals  of  amendment  and  Mr- 
Pierpoint  was  appointed  to  assign  reasons  to  the  House.  Adjourned  to 
9  Oclock  to  morrow  morning. 

1  This  was  not  the  form  of  Mr.  Pierpoint's  amendment.  Probably  the 
fact  was  that,  in  moving  a  reconsideration  of  Mr.  Pierpoint's  amend- 
ment, the  Lieutenant  Governor  suggested  a  change,  so  as  to  authorise  a 
branch,  at  Middlebury,  of  the  bank  of  Vergennes. 


192  Governor  and  Council — November  1825. 

Tuesday  Nov.  8, 1825.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit,  An  act  directing 
the  Treasurer  to  pay  Horace  Everett  the  sum  therein  mentioned,  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Commit- 
tee of  ways  &  means;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  "  An  act  regulating  the  payment  of  debts  and  demands 
that  shall  be  due  in  stock,  grain,  produce  or  any  kind  of  personal  prop- 
erty," with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Gen1-  Committee;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  An  act  providing  for  the  building  of  a  State  Arsenal, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Gen1-  Committee;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence. Also  the  following  resolution,  "Resolved  that  the  General  Commit- 
tee, to  whom  was  referred  the  bill  providing  for  a  State  Arsenal,  be  in- 
structed to  report  what  acts  have  been  done  in  pursuance  of  the  law  of 
the  last  session  of  the  Legislature  on  the  same  subject,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  Adjourned  to 
2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  &  Council  met  pursuant  to  adjourn- 
ment. Recd-  a  written  message  from  the  Speaker  of  the  House  inform- 
ing that  the  House  had  concurred  in  the  amendments  proposed  by  the 
Gov.  &  Council  to  the  bill  entitled  "  An  act  in  addition  to  the  several 
acts  constituting  the  Supreme  and  County  Courts  and  regulating  judi- 
cial proceedings." 

The  Reports  of  the  Inspector  General  of  beef  and  pork  were  recd-  and 
placed  on  file. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  to 
wit — "  An  act  ceding  to  the  United  States  the  exclusive  jurisdiction  over 
a  scite  for  a  United  States  Arsenal  at  Vergennes,"  which  was  read; 
whereupon  resolved  not  to  concur  in  passing  this  bill  and  reasons  for 
their  nonconcurrence  were  assigned  in  writing.  Ordered  that  the  Sec'^ 
return  said  bill  and  reasons  to  the  House.  Also  "  An  act  directing  the 
Treasurer  to  pay  David  G.  Foster  the  sum  therein  mentioned,"  which 
was  read  and  thereupon  amendments  were  proposed  which  were  read 
and  adopted;  whereupon  resolved  to  concur  with  the  House  in  passing 
this  bill  with  said  proposals  of  amendment,  and  His  Honor  the  Lieut. 
Gov.  was  appointed  to  assign  reasons  to  the  House.  Adjourned  to  9 
Oclock  to  morrow  morning. 


Wednesday,  Nov.  9,  1825.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  General 
Assembly  Nov.  9,  1825.  Resolved,  the  Gov.  &  Council  concurring 
herein,  that  both  Houses  meet  in  Joint  Committee  in  the  representa- 
tives' room,  this  morning  at  ten  Oclock,  for  the  purpose  of  choosing  three 
Directors  of  the  Vermont  State  Bank,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution.  Ordered  that  Sec'y  inform 
the  House  accordingly. 

The  House  sent  up  the  following  bill  for  concurrence  &  revision  &c. 
"An  act  granting  to  Ozias  Buel  and  his  associates  a  certain  tract  of  land 
therein  mentioned,"  which  was  read;  whereupon  resolved  not  to  concur 
with  the  House  in  passing  this  bill,  and  reasons  for  nonconcurrence 
were  assigned  in  writing — ordered  that  the  Sec'y  return  said  bill  and 
reasons  to  the  House. 


G-overnor  and  Council — November  1825.  193 

/ 

The  House  sent  up  the  following  for  concurrence  to  wit,  The  Report 
of  Arunah  Waterman  and  John  L.  Woods  of  the  survey  of  a  canal  route 
on  Onion  River,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Committee  raised  on  that  part  of  His  Excellency's  Speech 
which  relates  to  canals  and  canal  routes  ;  whereupon  resolved  to  concur 
in  said  order  of  reference.1  Also  "  An  act  in  amendment  of  the  several 
acts  directing  the  mode  of  obtaining  licences  and  laying  duties  on 
licences,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  General  Committee  ;  Whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  "  An  act  giving  further  time  to  the  inhabitants  of  the 
town  of  Washington  to  make  and  complete  a  road  running  through  a 
part  of  said  town,  laid  out  by  a  committee  appointed  by  the  Supreme 
Court  at  Chelsea  August  term  1822,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  on  roads  and  canals  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  the  Re- 
port of  the  agent  appointed  to  Settle  the  claims  of  the  administrators  of 
David  Edmond  and  of  Daniel  Webster  against  this  state,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
ways  and  means  ;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence. Also  "An  act  in  addition  to  an  act  entitled  an  act  establishing 
permanent  salaries  for  certain  officers  and  for  regulating  certain  fees 
and  taxable  costs,  passed  Nov.  5,  1821,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  "An  act  granting  a  ferry  to  Joseph  Smith  2d,"  which  was  read  ; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  bill.  Also 
"An  act  altering  the  name  of  Diana  Weller,"  which  was  read;  where- 
upon resolved  to  concur  with  the  House  in  passing  this  bill.  Also  "An 
act  for  the  benefit  of  the  deaf  and  dumb,"  which  was  read;  whereupon 
resolved  to  concur  with  the  House  in  passing  this  bill.  Also  "An  act 
directing  the  Treasurer  to  pay  William  Fay  the  sum  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  directing  the  Treasurer  to  pay  Edmund  C.  Hovey 
the  sum  therein  mentioned,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  said  bill.  Ordered  that  the  Sec'y  inform  the  House  of 
the  five  bills  last  mentioned  being  concurred  in  by  the  Gov.  and  Council. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bills  for  revision  and  concur- 
rence &c.  "An  act  directing  the  Treasurer  to  pay  William  Spencer 
and  Stewart  Brown  the  sum  therein  mentioned,"  which  was  read  ; 
whereupon  resolved  not  to  concur  in  passing  this  bill  and  reasons  for 
nonconcurrence  were  assigned  in  writing.  Also  "An  act  in  addition  to 
an  act  entitled  an  act  in  addition  to  an  act  constituting  the  Supreme 
Court  of  Judicature  and  County  Courts,  defining  their  powers  and  regu- 
lating judicial  proceedings,  passed  Nov.  11,  1814,"  which  was  read  ; 
whereupon  resolved  not  to  concur  in  passing  this  bill  and  reasons  for 
nonconcurrence  were  assigned  in  writing.  Ordered  that  the  Sec'?  return 
said  bills  and  reasons  to  the  House.  Also  "An  act  to  provide  for  im- 
proving the  navigation  in  the  valley  of  Connecticut  river,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Adjourned  to 
9  Oclock  to  morrow  morning. 

*''  See  printed  Assembly  Journal  for  1825,  pp.  146-148. 
13 


194  Governor  and  Council — November  1825. 

Thursday  Nov.  10,  1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  resolution  for  concurrence  to  wit,  "Resolved,  the  Gov, 
&  Council  concurring  herein,  that  the  auditor  of  accounts  against  this 
State  be  authorized  to  settle  and  audit  the  accounts  of  the  Quarter  Mas- 
ter Gen1-  from  Oct.  1  1820  to  this  time,"  which  was  read  ;  whereupon 
resolved  to  concur  with  the  House  in  passing  this  resolution.  Also  the 
following  resolution,  "  Resolved  that  the  Judiciary  Committee  be  in- 
structed to  enquire  into  the  expediency  of  so  altering  an  act  entitled  an  act 
relating  to  poor  debtors  passed  Nov.  9.  1812,  that  the  persons  therein 
named  may  be  admitted  to  the  oath  prescribed  by  law  before  the  same 
court  and  in  the  same  manner  as  allowed  to  other  poor  debtors,  and 
report  by  bill  or  otherwise,"  which  was  read  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  to  wit,  "An  act 
providing  for  the  session  of  the  Supreme  Court  in  Essex  County,"  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. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  "An  act  to  incorporate  certain  persons  therein  named  by  the  name 
of  the  Barnet  Cotton  and  Woollen  manufacturing  Company,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
in  addition  to  an  act  entitled  an  act  empowering  the  selectmen  of  Wells 
and  Poultney  in  the  County  of  Rutland  to  draw  the  waters  of  a  certain 
mill-pond  raised  in  Wells  and  Poultney  to  their  ancient  and  natural 
level  at  certain  seasons  of  the  year,  passed  Oct.  31, 1806,"  which  was 
read  ;  whereupon  resolved  to  concur  with  the  House  in  passing  this  bill. 
Also  "An  act  annexing  Solomon  Paddock  of  Hartford  to  school  district 
number  seven  in  Woodstock,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "An  act  restoring  Welcome  Devoll  to 
his  legal  privileges,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  to  incorporate  the  literary  society  of 
Monckton"  [Monkton,]  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "  An  act  directing  the  Treasurer  to  pay  Ly- 
man Raymond  the  sum  therein  mentioned,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  to  repeal  an  act 
therein  mentioned,"  which  was  read;  whereupon  resolved  not  to  concur 
in  passing  this  bill  and  reasons  for  nonconcurrence  were  assigned  in 
writing.  Ordered  that  the  Sec'J-  return  the  seven  bills  last  mentioned 
to  the  House.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
Adiourned  to  9  Oclock  to  morrow  morning. 


Friday  Nov.  11, 1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  for  revision  and  concurrence  the  bill  entitled  "An  act  repealing  the 
sixth  section  of  an  act  therein  mentioned  and  for  other  purposes,"  which 
was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Ordered 
that  the  Sec'?  inform  the  House  accordingly. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit — The  account  of  Robert  Temple,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  "  An  act  in  addition 
to  an  act  entitled  an  act  in  addition  to  the  several  acts  defining  the  pow- 


Governor  and  Council — November  1825.  195 

ers  of  Justices  of  the  peace  within  this  state,"  Also  "  An  act  to  authorise 
the  sale  of  land  in  Westhaven,"  with  an  order  of  the  House  on  each  that 
the  same  be  referred  to  the  Judiciary  Committee;  whereupon  resolved 
to  concur  in  said  orders  of  reference.  Also  "An  act  in  addition  to  an  act 
entitled  an  act  directing  the  mode  of  obtaining  licences  and  regulating 
Inns  and  houses  of  public  entertainment,  passed  Nov.  2, 1798,"  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. 
Also  "  An  act  directing  the  Treasurer  to  pay  William  Slade  Junr-  the 
sum  therein  mentioned,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  raised  on  [that  part  of]  His  Excel- 
lency's message  relating  to  the  Compiled  laws;  whereupon  resolved  to 
concur  in  said  order  of  reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  to 
wit — "  An  act  assessing  a  tax  for  the  support  of  government,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  for  the  relief  of  Alexander  Young,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  the 
several  acts  relating  to  taxes  for  making  roads  and  building  bridges," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  M  An  act  authorising  the  Judges  of  the  County  Court  of  the  County 
of  Windham  to  set  out  the  limits  of  the  jail  yard  in  said  County,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  for  the  benefit  and  eiicouragement  of  iron  Manufactories,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act 
in  addition  to  the  several  acts  regulating  town  meetings  and  the  choice 
and  duty  of  Town  officers,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  directing  the  appointment  of 
Canal  Commissioners,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Ordered  that  the  Sec'?  inform  the  House  of  the 
passage  of  the  seven  bills  last  mentioned. 

The  Gov.  &  Council  attended  in  the  House  and  elected  three  Directors 
of  the  Vermont  State  bank  and  three  Commissioners  to  superintend  the 
expenditure  of  the  money  appropriated  for  the  education  of  the  deaf  and 
dumb. l     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  &  Council  met  pursuant  to  adjourn- 
ment. The  Gov.  &  Council  proceeded  at  this  time  to  appoint  two  Canal 
Commissioners  agreeably  to  the  provisions  of  "  an  act  entitled  an  act 
directing  the  appointment  of  Canal  Commissioners,"  and  the  ballots  be- 
ing taken  and  examined,  Robert  Pierpoint  &  Samuel  C.  Crafts,  having 
each  a  majority,  were  declared  duly  elected.  Adjourned  to:9  Oclock[to 
morrow  morning. 


Saturday  Nov.  12, 1825.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference — "An  act  incorporat- 
ing the  Ascutney  fire  insurance  Company,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  "An  act  in 
addition  to  an  act  entitled  an  act  in  addition  to  the  several  acts  for  laying 
out,  making,  repairing  and  clearing  highways,  passed  Nov.  18,  1824," 

1  The  Directors  elected  were  Benjamin  Swan,  John  Jackson,  and  Job 
Lyman;  and  the  Commissioners  were  Horace  Everett,  Chauncey  Lang- 
don,  and  Aaron  Leland. 


196  Governor  and  Council — November  1825. 

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.  Also  the  following  resolution,  "Resolved  that  the  Judiciary- 
Committee  be  instructed  to  enquire  into  the  expediency  of  so  altering 
the  law"  that  all  officers  serving  writs  returnable  to  a  Justice  of  the 
peace,  shall  return  the  same  twenty-four  hours  before  the  time  of  trial," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  resolution. 
The  House  sent  up  the  following  bill  for  revision  and  concurrence  to 
wit — "  An  act"directing  the  Treasurer  to  pay  to  the  order  of  His  Excel- 
lency the  Gov.  the  sum  therein  mentioned,"1  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y 
inform  the  House  accordingly.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  f\  M.— the  Gov.  and  Council  met  pursuant  to  adjournment. 
Adjurned  to  9  Oclock  Monday  next. 


Monday  Nov.  14, 1825.    9  Oclock  A  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bill  for  revision  and  concurrence  to  wit  —  "An  act  lay- 
ing a  tax  on  the  County  of  Washington,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  inform 
the  House  of  the  same. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit  — "  An  act  authorising  the  County  Court  for  the  County  of  Windsor 
to  sustain  the  petition  of  Elias  Keyes  for  a  new  trial,"  with  an  order  of 
the  House  thereon  that  the  same  be  recommitted  to  the  Committee  who 
reported  it ;  whereupon  resolved  to  concur  in  said  order  of  recommit- 
ment. Also  "An  act  directing  the  Treasurer  to  pay  Joseph  Howes  the 
sum  therein  mentioned,"  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. 

The  House  sent  up  the  following  for  revision  and  concurrence  to  wit, 
"An  act  repealing  part  of  an  act  therein  mentioned,"  which  was  read  ; 
whereupon  resolved  not  to  concur  in  passing  this  bill  —  and  reasons  for 
nonconcurrence  were  assigned  in  writing.  Ordered  that  the  Sec?  re- 
turn said  bill  and  reasons  to  the  House. 

A  message  was  received  from  the  House  by  Mr  Clark  of  M.  one  of  its 
members,  announcing  the  death  of  Mr-  Warner,2  a  member  of  the  House, 
and  requesting  the  Gov.  &  Council  to  unite  with  the  House  in  attending 
his  funeral,  and  he  withdrew.  Whereupon  the  Gov.  &  Council  resolved 
to  unite  with  the  House  of  representatives  in  attending  the  funeral  of 
the  deceased.    Ordered  that  the  Sec'y  inform  the  House  accordingly. 

Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
A  message  was  recd-  from  the  House  by  Mr-  Kellogg,  one  of  its  mem- 

'The  sum  was  $564.77,  "being  for  expenditures  in  the  reception  of 
General  Lafayette,  incurred  in  pursuance  of  a  resolution  passed  at  the 
last  session  of  the  legislature" — 1824. 

'The  Hon.  Joseph  Warner  of  Sudbury,  who  represented  that  town 
fourteen  years,  was  Councillor  two  years,  and  was  for  three  years  one  of 
the  judges  of  Rutland  County  Court.  He  was  father  of  the  late  Hon. 
Joseph  Warner  ot  Middlebury. 


Governor  and  Council — November  1825.  197 

bers,  informing  that  the  House  was  now  ready  to  attend  the  funeral  of 
Mr-  Warner.  The  Gov.  &  Council  attended  the  funeral  of  the  deceased, 
after  which  they  returned  to  their  Chamber.  Adjourned  to  9  Oclock  to 
morrow  morning. 


Tuesday  Nov.  15, 1825.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  to  wit — An  act  incorporating  certain 
persons  therein  named  by  the  name  of  the  Vergennes  manufacturing 
Company,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Committee  on  Manufactures;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  the  petition  of  Elias  Hall,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Judiciary  Commit- 
tee; whereupon  Resolved  to  concur  in  said  order  of  reference. 

Resumed  the  consideration  of  the  bill  entitled  "  An  act  for  the  relief 
of  Hannah  D.  Barron,"  and  after  hearing  counsel  for  and  against  the 
passage  of  said  bill,  the  same  was  laid  upon  the  table.  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M.— The  Gov.  &  Council  met  pursuant  to  adjournment. 
Resumed  the  consideration  of  the  bill  entitled  "  An  act  for  the  relief  of 
Hannah  D.  Barron,"  which  was  read;  whereupon  resolved  to  concur 
with  the  House  in  passing  this  bill — ordered  that  the  Sec'?  inform  the 
House  of  the  same. 

Qn  motion,  Mr-  Holley  was  excused  from  further  attendance  in  the 
Council  from  and  after  this  day. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
to  wit  —  "An  act  to  incorporate  the  Battenkill  Canal  Company,"  which 
was  read,  and  thereupon  amendments  were  proposed  to  said  bill  which 
were  read  and  adopted  ;  whereupon  resolved  to  concur  with  the  House 
in  passing  this  bill  with  said  proposals  of  amendment  and  Mr-  Wetmore 
is  appointed  to  assign  reasons  to  the  House.  Also  "  An  act  making  the 
necessary  appropriations  for  the  support  of  government  and  for  other 
purposes,"  which  was  read  ;  whereupon  resolved  to  concur  with  the 
House  in  passing  this  bill.  Also  "  An  act  for  the  relief  of  Ebenezer 
Stone  and  Jonathan  Stone,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the  House  of 
the  passage  of  the  two  bills  last  mentioned.  Adjourned  to  9  Oclock  to 
morrow  morning. 

Wednesday  Nov.  16, 1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  A  message  was 
received  from  the  House  by  M>  Allen,  one  of  its  members,  informing 
that  the  House  had  repassed  the  bill  entitled  "An  act  repealing  part  of 
an  act  therein  mentioned,"  and  requested  the  Gov.  and  Council  to  con- 
cur with  the  House  in  passing  said  bill,  and  after  assigning  the  reasons 
of  the  House  he  withdrew  —  and  thereupon  amendments  to  said  bill 
were  proposed  which  were  read  and  adopted  ;  whereupon  resolved  to 
concur  in  passing  this  bill  with  said  proposals  of  amendment  and  reasons 
for  the  same  were  assigned  by  Mr-  Roberts. 

The  House  sent  up  the  account  of  E.  P.  Walton  with  an  order  thereon 
that  the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.1 

1  This  was  an  account  of  the  late  Gen.  Ezekiel  P.  Walton,  for  news- 
papers furnished  to  members  of  the  legislature.  Oct.  14  1825,  the 
Speaker  was  authorized  to  assign  a  seat  ,upon  the  floor  of  the  House  to 


198  Governor  and  Council — November  1826. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  to  wit — "An  act  declaring  the  academy  in  Concord  to  be  a  County 
grammar  School  in  the  County  of  Essex  and  for  other  purposes,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  annexing  a  part  of  the  town  of  Mount  tabor  in  the  County  of  Rut- 
land to  the  town  of  Dorset  in  the  County  of  Bennington,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act 
repealing  the  second  section  of  an  act  therein  mentioned,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
to  incorporate  the  Vermont  infirmary,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  to  authorize  the 
Guardian  of  the  minor  heirs  of  Milo  Stebbins  late  of  Williamstown  deceased 
to  sell  and  convey  the  real  estate  of  his  wards,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "An  act  to  authorize 
the  Guardian  of  the  minor  heirs  of  Stephen  Folsom,  of  Tunbridge,  de- 
ceased, to  sell  and  convey  the  real  estate  of  his  wards,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  to  au- 
thorize Moses  Catlin,  Guardian  of  the  minor  heirs  of  Sophia  Mitchell,  to 
sell  real  estate,"  which  was  read  ;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "An  act  directing  the  Treasurer  of  this  state  to  pay 
Horace  Everett  the  sum  therein  mentioned,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "An  act  annexing 
Reuben  Wilkinson  Junr-  of  West  haven  to  the  ninth  school  district  in 
Benson,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  altering  the  name  of  Navy  to  that  of  Charles- 
ton," which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  authorizing  Samuel  W.  Keyes  and  Stephen  S.  Keyes  to 
erect  a  wharf  in  Missisque  bay  in  the  town  of  Highgate,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  uAn  act 
in  addition  to  an  act  entitled  an  act  in  addition  to  an  act  reducing  into 
one  the  several  acts  for  laying  out,  making,  repairing  and  clearing  high- 
ways," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered  that  the  Sec'y  inform  the  House  of  the  concurrence  of  the 
Gov.  &  Council  in  the  passage  of  the  twelve  bills  last  mentioned.  Also, 
"An  act  making  further  provisions  for  reporting  the  decisions  of  the  Su- 
preme Court,"  which  being  read  amendments  were  proposed  to  the 
same  which  were  read  and  adopted  ;  whereupon  resolved  to  concur  with 
the  House  in  passing  this  bill  with  said  proposals  of  amendment  and  Mr- 
Pierpoint  is  appointed  to  assign  reasons  to  the  House.  Adjourned  to  2 
Oclock  P.  M. 

some  person  to  report  the  debates  and  proceedings,  and  Edward  V. 
Sparhawk  was  selected— the  first  reporter,  to  whom,  in  addition  to  the 
amount  paid  by  Gen.  Walton,  the  State  voted  fifty  dollars.  The  re- 
ports were  printed  in  the  Vermont  Watchman,  then  the  only  newspaper 
printed  in  Montpelier.  This  is  the  origin,  it  is  believed,  of  official  legis- 
lative reports.  Subsequently  for  a  time  a  slip  of  legislative  reports  was 
printed  daily  for  the  use  of  both  houses,  by  order  of  the  legislature  ;  and 
this  speedily  grew  into  a  small  daily  newspaper,  published  during  the 
session,  with  which  the  members  were  supplied,  at  the  expense  of  the 
state,  as  an  aid  in  the  discharge  of  their  official  duties.  The  modern 
custom,  of  furnishing  newspapers  not  specially  useful  in  this  regard,  is 
an  innovation  entirely  inconsistent  with  the  original  design  of  the  legis- 
lature. 


Governor  and  Council — November  1825.  199 

2  Oclock  P.  M.  —  The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
"An  act  incorporating  the  Bellows  Falls  Manufacturing  Company," 
which  being  read  amendments  were  proposed  to  the  same  which  were 
read  and  adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill 
with  said  proposals  of  amendment  and  Mr-  Wetmore  is  appointed  to 
assign  reasons  to  the  House.  Also  "An  act  taxing  agents  of  foreign  fire 
insurance  companies,"  which  being  read,  amendments  were  proposed  to 
the  same  which  were  read  and  adopted  ;  whereupon  resolved  to  concur 
in  passing  this  bill  with  said  proposals  of  amendment  and  reasons  were 
assigned  in  writing  by  Mr-  Holley.  Ordered  that  Sec'y  return  said  bill 
and  reasons  to  the  House.  Also  "An  act  ascertaining  the  principles  on 
which  the  list  of  this  state  shall  be  made  and  directing  listers  in  their 
office  and  duty,"  which  being  read  amendments  were  proposed  to  the 
same  which  were  read  and  adopted  ;  whereupon  resolved  to  concur  in 
passing  this  bill  with  said  proposals  of  amendment  and  Mr-  Wetmore  is 
appointed  to  assign  reasons  to  the  House.     Adjourned  to  9  Oclock  to 


Thursday  Nov.  17,  1825.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bills  for  revision  and  concurrence  to  wit — "An  act 
directing  the  Treasurer  to  pay  Robert  Temple  the  sum  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  directing  the  Treasurer  to  pay  Joseph  Howes  the 
sum  therein  mentioned,"  which  was  read  ;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Also  "  An  act  directing  the  Treasurer  to  pay 
Jonas  Clark  the  sum  therein  mentioned,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  directing  the 
Treasurer  to  pay  William  Slade  Junr-  the  sum  therein  mentioned," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  to  incorporate  the  Medical  Society  of  the  University  of 
Vermont,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the 
five  bills  last  mentioned. 

A  message  was  received  from  the  House  by  Mr-  Allen,  one  of  its 
members,  informing  that  the  House  had  not  concurred  in  the  amend- 
ments proposed  by  the  Gov.  &  Council  to  the  bill  entitled  "An  act 
repealing  part  of  an  act  therein  mentioned,"  and  after  assigning  the 
reasons  of  the  House  he  withdrew  —  whereupon  resolved  to  suspend  the 
passing  of  this  bill  until  the  next  session  of  the  Legislature.  Ordered 
that  the  Sec'^  inform  the  House  of  the  same. 

A  message  was  received  from  the  House  by  Mr-  Bell,  one  of  its  mem- 
bers, informing  that  the  House  had  not  concurred  in  the  amendments  pro- 
posed by  the  Gov.  &  Council  to  the  bill  entitled  "  An  act  laying  a  tax  of 
four  cents  on  each  acre  of  land  in  the  Town  of  Kellyvale  [Lowell,]  in- 
cluding Kelly's  Grant  Number  two,"  and  after  assigning  the  reasons  of 
the  House  he  withdrew — whereupon  resolved  to  rescind  from  said 
amendments  and  to  concur  with  the  House  in  passing  this  bill.  Ordered 
that  Sec'y  inform  the  House  of  the  same. 

The  House  sent  up  the  following  bills  for  concurrence  &c.  to  wit — "An 
act  altering  the  names  of  certain  persons  therein  mentioned,"  which  be- 
ing read  amendments  were  proposed  to  the  same  which  were  read  and 
adopted;  whereupon  [resolved]  to  concur  in  passing  this  bill  with  said 
proposals    of  amendment,    and   reasons    were  assigned  in  writing  by 


200  Governor  and  Council — November  1825. 

Mr-  Langdon— ordered  thai  Sec'y  return  said  bill  and  reasons  to  the 
House.  Also  "  An  act  repealing  an  act  therein  mentioned,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
to  repeal  an  act  therein  mentioned,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  an 
act  entitled  an  act  for  the  punishment  of  certain  capital  and  other  high 
crimes  and  misdemeanors,  passed  Nov.  11,  1818,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  in  ad- 
dition to  an  act  entitled  an  act  in  addition  to  the  several  acts  for  laying 
out,  making,  repairing  and  clearing  highways,  passed  Nov.  18,  1824," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  establishing  a  corporation  by  the  name  of  the  Warren 
turnpike  Company,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  incorporating  the  Ascutney  insurance 
Company,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill — ordered  that  Sec'?  inform  the  House  of  the  passage  of  the  six 
bills  last  mentioned. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit — "  An  act  directing  the  Treasurer  to  pay  the  sum  therein  men- 
tioned," with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  committee  on  education;  whereupon  resolved  to  concur  in  said  or- 
der of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"In  General  Assembly  Nov.  15, 1825.  Resolved,  the  Governor  and  Council 
concurring  herein,  that  our  senators  in  Congress  be  instructed  and  our 
representatives  requested  to  use  their  endeavours  to  procure  the  pas- 
sage of  an  act  of  Congress  directing  the  sessions  of  the  Circuit  Courts 
and  District  Courts  of  the  United  States  for  the  District  of  Vermont  to 
be  hereafter  holden  at  Montpelier  in  said  District,"  which  was  reacj.  ; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  resolution. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  to 
wit — "  An  act  annexing  a  part  of  Kelly's  Grant  number  two  to  the  town 
of  Kellyvale  "  [Lowell,]  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "  An  act  giving  further  time  to  the  inhabit- 
ants of  the  town  of  Washington  to  make  and  compleat  a  road  running 
through  a  part  of  said  town,  laid  out  by  a  committee  appointed  by  the 
Supreme  Court  at  Chelsea  August  Term  1822,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  for  the  ben- 
efit of  common  Schools,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Ordered  that  Sec'r  inform  the  House  of  the  pas- 
sage of  the  three  bills  last  mentioned. 

His  Excellency  the  Gov.,  by  and  with  the  advice  and  consent  of  the 
Council,  was  pleased  to  appoint  Asa  Aikens  Esquire  Reporter  of  the 
decisions  of  the  Supreme  Court  of  this  State. 

The  Gov.  &  Council  appointed  Joseph  Howes  Superintendant  of  the 
public  buildings  for  the  year  ensuing.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
"An  act  reviving  an  act  entitled  an  act  to  incorporate  the  Vermont  lead 
refining  and  manufacturing  Company,"  which  was  read  and  thereupon 
amendments  were  proposed  to  the  same  which  were  read  and  adopted  ; 
whereupon  resolved  to  concur  with  the  House  in  passing  this  bill  with 
said  proposals  of  amendment  and  Mr-  Wetmore  is  appointed  to  assign 
reasons  to  the  House.  Also  "An  act  to  provide  for  the  distribution  and 
sale  of  the  compiled  laws,"  which  was  read  and  thereupon  amendments 
were  proposed  to  the  same  which  were  read  and  adopted  ;   whereupon 


Governor  and  Council — November  1825.  201 

resolved  to  concur  in  passing  this  bill  with  said  proposals  of  amendment 
and  Mr-  Pierpoint  is  appointed  to  assign  reasons  to  the  House.  Also 
"An  act  incorporating  certain  persons  therein  named  by  the  name  of 
the  Vergennes  manufacturing  Company,"  which  was  read  and  there- 
upon amendments  were  proposed  to  the  same  which  were  read  and 
adopted  ;  whereupon  resolved  to  concur  with  the  House  in  passing  this 
bill  with  said  proposals  of  amendment  and  Mr-  Wetmore  is  appointed  to 
assign  reasons  to  the  House. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  Houses 
meet  in  the  representatives'  room  on  friday  next  at  six  oclock  in  the 
morning  for  the  purpose  of  adjourning  both  Houses  without  day  ;  and 
that  all  the  unfinished  business  then  remaining  be  referred  to  the  next 
session  of  the  legislature,"  which  was  read  and  an  amendment  was.  pro- 
posed to  the  same  which  was  read  and  adopted  ;  whereupon  resolved  to 
concur  in  passing  this  Resolution  with  said  proposal  of  amendment  and 
reasons  for  the  same  were  assigned  in  writing. 

The  House  sent  up  the  bill  entitled  "  An  act  directing  the  Treasurer 
to  pay  Ezekiel  P.  Walton  the  sum  therein  mentioned,"  with  an  order 
of  the  House  thereon  that  the  same  be  recommitted  to  the  Committee 
of  Claims;  whereupon  resolved  to  concur  in  said  order  of  recommitment. 
The  House  sent  up  the  following  bills  for  revision  and  concurrence  to 
wit,  "An  act  granting  to  Nathan  Niles  the  exclusive  right  of  a  ferry," 
which  was  read  ;  whereupon  resolved  to  concur  with  the  House  in  pass- 
ing this  bill.  Also  "An  act  providing  for  the  session  of  the  Supreme 
Court  in  the  County  of  Essex,"  which  was  read  ;  whereupon  resolved  to 
concur  with  the  House  in  passing  this  bill.  Ordered  that  the  Sec'*  in- 
form the  House  of  the  passage  of  the  two  bills  last  mentioned.  Also 
"An  act  incorporating  Otter  Creek  and  Castleton  river  Canal  Company," 
which  was  read,  and  thereupon  amendments  were  proposed  to  the  same 
which  were  read  and  adopted  ;  whereupon  resolved  to  concur  in  passing 
this  bill  with  said  proposals  of  amendment  and  Mr-  Wetmore  is  appointed 
to  assign  reasons  to  the  House.  Also  "An  act  in  addition  to  an  act  en- 
titled an  act  regulating  and  governing  the  militia  of  this  state,  passed 
Nov.  10,  1818,"  which  was  read  ;  and  thereupon  amendments  were  pro- 
posed to  the  same  which  were  read  and  adopted  ;  whereupon  resolved 
to  concur  in  passing  this  bill  with  said  proposed  amendments  and  Mr- 
Wetmore  is  appointed  to  assign  reasons  to  the  House.  Also  "An  act 
authorising  the  County  [Court  of  the  County]  of  Windsor  to  sustain  the 
petition  of  EliasKeyes  for  a  new  trial,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Ordered  that  the  See'?  inform  the 
House  of  the  same. 

A  written  message  was  received  from  the  Speaker  of  the  House,  in- 
forming that  the  House  had  concurred  in  the  amendments  proposed  by 
the  Gov.  and  Council  to  the  bills  of  the  following  titles,  to  wit,  "An  act 
taxing  agents  of  foreign  fire  insurance  Companies,"  "An  act  directing 
the  Treasurer  to  pay  David  G.  Foster  the  sum  therein  mentioned,"  "An 
act  to  incorporate  the  Battenkill  Canal  Company,"  "  An  act  making  fur- 
ther provision  for  reporting  the  decisions  of  the  Supreme  Court,"  "  An 
act  incorporating  the  Bellows  Falls  manufacturing  Company,"  "An  act 
incorporating  the  Quechy  manufacturing  Company,"  and  "  An  act  ascer- 
taining the  principles  on  which  the  list  of  this  state  shall  be  made,  and 
directing  the  listers  in  their  office  and  duty." 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  his  excellency 
the  Gov.  of  this  state  be  requested  to  solicit  the  Hon.  the  Sec'y  of  the 
War  department  of  the  United  States  to  direct  and  employ  some  suita- 


202  Governor  and  Council — November  1825. 

ble  engineer  or  engineers  to  ascertain  the  different  heights  of  land  and 
the  waters  on  the  several  routes  in  this  state  where  it  is  contemplated 
to  make  canals  and  improve  the  navigation  of  the  waters  thereof ;  and 
aid  the  several  Commissioners  of  this  state  to  make  a  survey  of  them," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion.    Ordered  that  Sec'y  inform  the  House  of  the  same. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
to  wit — "  An  act  in  addition  to  an  act  entitled  an  act  constituting  Pro- 
bate Courts  and  defining  their  powers  and  regulating  the  settlement  of 
testate  and  intestate  estates  and  the  guardianship  of  minors  and  insane 
persons,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  making  an  appropriation  for  the  payment  of  certain 
claims  against  this  state,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  Sec'y  inform  the  House  of 
the  passage  of  the  two  bills  last  mentioned.  Also,  "  An  act  granting  a 
ferry  to  Israel  Whitney,"  which  being  read  amendments  were  proposed 
to  the  same  which  were  read  and  adopted;  whereupon  resolved  to  con- 
cur in  passing  this  bill  with  said  proposals  of  amendment  and  Mr-  Pier- 
point  is  appointed  to  assign  reasons  to  the  House. 

Mr-  Pierpoint  introduced  the  following  resolution  to  wit,  "Resolved,  the 
General  Assembly  concurring  herein,  that  it  shall  be  the  duty  of  the 
Gov.  &  Council,  annually,  to  appoint  some  suitable  person  whose  duty 
it  shall  be  to  take  charge  of,  and  keep  in  good  order,  all  the  books  and 
public  documents  deposited  in  the  State-House  in  Montpelier;  and  that 
a  suitable  room  in  the  State-House  be  placed  under  the  control  of  such 
person  for  a  place  of  deposit  for  such  books  and  documents.  And  such 
person,  in  the  discharge  of  his  duty,  shall  be  governed  by  such  rules  and 
regulations  as  the  Governor  and  Council  shall  from  time  to  time  pre- 
scribe," which  was  read  and  passed  and  ordered  to  be  sent  to  the  House 
for  their  concurrence. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  to 
wit,  "  An  act  directing  the  Treasurer  to  pay  Ezekiel  P.  Walton  the 
sum  therein  mentioned,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the  House  of  the 
same.     Adjourned  to  Six  Oclock  P.  M. 

6  Oclock  P.  M.  —  The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bills  for  revision  and  concur- 
rence to  wit — ''An  act  directing  the  Treasurer  to  pay  Edward  V.  Spar- 
hawk  the  sum  therein  mentioned,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "An  act  directing  the  Treasurer  to 
pay  the  sum  therein  mentioned,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the  House 
of  the  passage  of  the  two  bills  last  mentioned. 

A  written  message  was  received  from  the  Speaker  informing  the  Gov. 
and  Council  that  the  House  had  concurred  in  the  amendments  proposed 
by  the  Gov.  and  Council  to  bills  of  the  following  titles  to  wit — "An  act 
in  addition  to  an  act  entitled  an  act  regulating  and  governing  the  militia 
of  this  state,  passed  Nov.  10,  1818,"  "An  act  incorporating  certain  per- 
sons therein  named  by  the  name  of  the  Vergennes  Manufacturing  Com- 
pany," "An  act  incorporating  the  Otter  Creek  and  Castleton  [river] 
Canal  Company,"  "An  act  providing  for  the  distribution  of  the  Com- 
piled laws,"  "An  act  altering  the  names  of  certain  persons  therein 
mentioned,"  "An  act  to  revive  an  act  to  incorporate  the  Vermont  Lead 
refining  and  manufacturing  Company,"  and  "An  act  granting  a  ferry 
to  Israel  Whitney."  Also  that  the  House  had  concurred  in  passing  the 
resolution  authorizing  the  Gov.  and  Council  to  appoint  a  Librarian. 
Also  that  the  House  had  concurred  in  the  amendment  proposed  by  the 


Governor  and  Council — November  1825. 


203 


Gov.  and  Council  to  the  resolution  appointing  a  time  for  the  two  Houses 
to  meet  in  Joint  Committee  for  the  purpose  of  adjourning  the  General 
Assembly. 

The  Gov.  and  Council  appointed  Calvin  J.  Keith  Esquire  Librarian 
for  the  year  ensuing.'     Adjourned  to  7  Oclock  to  morrow  morning. 


Friday  Nov  18, 1825.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  A  message  was 
received  from  the  House  by  Mr  Swift,  one  of  its  members,  informing 
that  the  House  have  compleated  the  business  of  the  session,  and  that 
they  are  ready  to  adjourn  without  day  agreeably  to  a  joint  resolution  of 
both  Houses.  Ordered  that  the  Sec'y  inform  the  House  that  the  Gov. 
and  Council  will  immediately  attend  in  the  Representatives'  room  for 
the  purpose  of  adjourning  the  General  Assembly  without  day. 

The  Gov.  and  Council  attended  in  the  House  of  representatives,  and 
after  an  address  to  the  throne  of  grace  by  the  Chaplain,  the  General  As- 
sembly was  adjourned  without  day.  The  Gov.  and  Council  returned  to 
the  Council  Chamber  and  adjourned  without  day. 

State  of  Vermont.  The  foregoing  from  page  193  to  page  302  both 
inclusive,  [  of  manuscript  Record  of  the  Council  marked  Vol.  10,]  is  a 
true  Journal  of  the  proceedings  of  the  Gov.  and  Council  at  their  annual 
session  in  the  year  1825.  D.  Kellogg,  Secy- 


No. 

Am't 

No. 

Am't. 

Debenture  of  Council,  1825. 

Miles 

of 

days 

of 

Debenture. 

Travel. 

Travel. 

Att'nce. 

Att'nce. 

Lieut.  Gov.  Leland 

80 

9.60 

37 

148.00 

157.60 

Mr-  Berry 

75 

9.00 

2 

3.00 

12.00 

"    Hblley 

60 

7.20 

36 

54.00 

61.20 

"    Butler 

12 

1.44 

♦  37 

55.50 

56.94 

"    Chittenden 

30 

3.60 

37 

55.50 

59.10 

"    Crafts 

40 

4.80 

31 

46.50 

51.30 

"    Dana  of  O. 

22 

2.64 

37 

55.50 

58.14 

"    Dana  of  C. 

30 

3.60 

37 

55.50 

59.10 

"    Langdon 

72 

8.64 

31 

46.50 

55.14 

"     Merrill 

122 

14.64 

37 

55.50 

70.14 

M    Pierpoint 

100 

12.00 

33 

49.50 

61.50 

"     Proctor 

71 

8.52 

37 

55.50 

64.02 

M     Roberts 

130 

15.60 

37 

55.50 

71.10 

"     Wetmore 

60 

7.20 

37 

55.50 

62.70 

John  Peck,  Sheriff, 

12 

1.44 

37 

55.50 

56.94 

J.  Starkweather,  Deputy, 

12 

1.44 

37 

55.50 

56.94 

$1013.86 

1  Calvin  J.  Keith,  the  first  State  Librarian,  was  a  native  of  Uxbridge, 
Mass.,  but  in  1825  was  a  student  of  law,  and,  for  many  years  subsequent, 
an  attorney  at  Montpelier,  where  he  held  his  residence  until  his  death, . 
although  employed  for  several  years  in  New  Orleans.  He  was  the  orig- 
inator of  "  Green  Mount  Cemetery,"  at  Montpelier,  where  his  remains 
repose. 


204  Governor  and  Council — November  1825. 

July  8, 1826. 
Application  having  been  made  to  His  Excellency  the  Gov.  and  the 
Honourable  Council,  to  alter  the  limits  of  the  2d-  and  3d-  Brigades  in 
the  3d-  Division  of  the  Militia  of  this  State,  and  His  Excellency  having 
obtained  the  advice  and  consent  of  the  Council  to  the  same,  was  pleased 
to  Order  and  direct,  that  the  County  of  Grand  Isle,  heretofore  belonging 
to  and  composing  a  part  of  the  2d-  Brigade  in  said  3d-  Division,  be  an- 
nexed to  and  hereafter  compose  a  part  of  the  3d-  Brigade  in  said  third 
Division  ;  and  that  the  towns  of  Milton,  Westford  and  Underbill,  here- 
tofore belonging  to  the  3d-  Brigade  in  said  third  Division,  be  annexed 
to,  and  hereafter  compose  a  part  of,  the  2d-  Brigade  in  said  3d-  Division. 
Due  notice  to  Generals  Farnsworth  and  Coleman  of  the  foregoing  order. 

Attest,  D.  Kellogg,  SecP- 


FIFTIETH  COUNCIL. 

OCTOBER  1826  TO  OCTOBER  1827. 


Ezra  Butler,  Waterbury,  Governor.1 
Aaron  Leland,  Chester,  Lieut.  Governor. 

Councillors: 


Samuel  C.  Crafts,2  Craftsbury, 
Chauncey  Langdon,  Castleton, 
Truman  Chittenden,  Williston, 
Seth  Wetmore,  St.  Albans, 
Israel  P.  Dana,  Danville, 
Jabez  Proctor,  Cavendish, 


Samuel  H.  Holley,  Middlebury, 
John  Roberts,  Whitingham, 
Orsamus  C.  Merrill,  Benn'gton, 
Robert  Pierpoint,  Rutland, 
Lyman  Fitch,  Thetford, 
John  Peck,  Waterbury. 


Daniel  Kellogg,  Rockingham,  Secretary. 
Rawsel  R.  Keith,  Montpelier,  Sheriff. 
Julius  C.  Peck,  Waterbury,  Deputy. 
Calvin  J.  Keith,  Montpelier,  Librarian. 


BIOGRAPHICAL  NOTICE. 

Lyman  Fitch  represented  Thetford  in  the  General  Assembly 
1811-'12, 1820-'21, 1823  until  1826,  and  1835-'6,  and  in  the  Constitutional 
Convention  of  1836,  of  which  he  was  President;  was  Sheriff  of  Orange 
county  1831-'32;  Judge  of  the  County  Court  1833,  '35  and  '37;  and  Coun- 
cillor 1826  and  '27.  The  editor  of  these  volumes  remembers  him  as  a 
good  legislator,  and  a  man  fitted  for  higher  offices,  to  which  he  might 
have  been  elected  were  he  not  politically  in  the  minority  in  the  State. — 
Deming's  Catalogue. 

Gen.  John  Peck  was  a  descendant  from  Joseph  Peck,  who  was 
baptized  in  Beccles,  Suffolk  County,  England,  April  30, 1587,  and  came 
from  Old  Hingham,  England,  to  Hingham,  Mass.,  in  1638  ;  and  this 

1  For  notice  of  Gov.  Butler  see  Vol.  V,  p.  148. 
1  For  notice  of  Gov.  Crafts  see  Vol.  v,  p.  239. 


206  Governor  and  Council — October  1826. 

Joseph  was  a  descendant,  in  the  twentieth  generation,  from  John  Peck 
of  Belton,  England.  John,  the  father  of  Gen.  John,  came  to  Montpelier 
from  Royalston,  Mass.  in  1806,  and  the  son  settled  in  Waterbury  not 
long  thereafter. 

Gen.  Peck  represented  Waterbury  in  the  General  Assembly  in  1811 
and  1818  ;  was  Sheriff  of  Jefferson  and  Washington  County  in  1811  and 
'12  and  again  in  1819  until  1825  ;  was  Judge  of  Washington  County 
Court  in  1818  ;  and  Councillor  in  1826.  In  1818  he  was  one  of  four  can- 
didates who  received  a  nearly  equal  number  of  votes  for  member  of 
Congress.  He  was  father  of  the  late  Hon.  Lucius  B.  Peck,  who  was 
a  member  of  Congress  from  Vermont  1847  to  1851,  and  U.  S.  Attorney 
for  the  District  of  Vermont  1853  to  1857.— PecA;  Genealogy,  in  the 
possession  of  Gov.  Asahel  Peck  ;  Deming's  Catalogue;  and  Vt.  Legisla- 
tive Directory,  1876-77. 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION  WITH  THE   GENERAL   ASSEMBLY  AT  MONTPE- 
LIER, OCTOBER  1826. 


State  of  Vermont. 

A  Journal  of  the  proceedings  of  the  Governor  and  Council  of  the 
State  of  Vermont,  at  their  Session  begun  and  held  at  Montpelier  in  said 
State  on  the  Second  thursday  of  Oct.  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  twenty  six,  being  the  twelfth  day  of  the  month 
and  of  the  Independence  of  the  United  States  the  Fifty  first.  Present, 
His  Excellency  C.  P.  Van  Ness  Gov.  His  Honor  Aaron  Leland  Lieut. 
Gov.  The  Hons.  Ezra  Butler,  Truman  Chittenden,  Israel  P.  Dana, 
Samuel  H.  Holley,  Orsamus  C.  Merrill,  Jabez  Proctor,  Robert  Pierpoint, 
John  Roberts,  Seth  Wetmore,  Josiah  Dana,  Chauncey  Langdon,  of  the 
Council. 

A  message  was  received  from  the  House  of  representatives,  by  Mr- 
Bailey,  one  of  its  members,  informing  that  the  House  had  organized  by 
electing  D.  Azro  A.  Buck  Esq.  Speaker  pro  tem.  and  Timothy  Merrill 
Esq.  Clerk  pro  tem.  Ordered,  that  the  Sec'y  inform  the  House  that  the 
Gov.  and  a  quorum  of  the  Council  are  assembled  in  the  Council  Cham- 
ber and  are  ready  to  proceed  to  business. 

A  message  was  received  from  the  House  by  Mr-  Temple,  one  of  its 
members,  informing  that  the  House  had  on  their  part  appointed  a  Com- 
mittee to  receive,  sort  and  count  the  votes  for  Gov.,  Lieut.  Gov.,  Treas- 
urer and  Councillors,  and  requested  the  Gov.  and  Council  to  join  in  said 
appointment,  and  he  withdrew.  Whereupon  the  Gov.  and  Council  pro- 
ceeded to  appoint  a  Committee  to  join  such  committee  on  the  part  of  the 
House,  and  Messrs.  Langdon,  Merrill,  and  Pierpoint  were  appointed 


Governor  and  Council — October  1826.  207 

and  sworn.  Ordered,  that  the  See1?  inform  the  House  of  representatives 
that  the  Gov.  and  Council  have  on  their  part  appointed  a  committee  to 
receive,  sort  and  count  the  votes  for  Gov.,  Lieut.  Gov.,  Treasurer  and 
Councillors  for  the  ensuing  year.     Adjourned  to  4  Oclock  P.  M.1 

4  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
A  message  was  received  from  the  House  of  representatives  informing 
that  the  House  are  assembled  and  are  ready  to  receive  the  report  of  the 
Canvassing  Committee.  Ordered  that  the  Sec'y  inform  the  House  of 
representatives  that  the  Gov.  and  Council  will  immediately  attend  in  the 
representatives'  room  to  receive  the  report  of  the  Canvassing  Commit- 
tee. The  Gov.  and  Council  attended  in  the  representatives'  Hall  when 
the  following  report  was  made  to  wit— 

"  To  the  Hon.  General  Assembly  now  sitting. — The  Committee  ap- 
pointed to  receive,  sort  and  count  the  votes  for  Gov.,  Lieut.  Gov.,  Treas- 
urer and  Councillors,  Keport  that  The  Hon.  Ezra  Butler  is  elected  Gov. 
The  Hon.  Aaron  Leland  is  elected  Lieut.  Gov.  Benjamin  Swan  Esq.  is 
elected  Treasurer.  The  Hon.  Orsamus  C.  Merrill,  John  Roberts,  Rob- 
ert Pierpoint,  Chauncey  Langdon,  Jabez  Proctor,  Samuel  H.  Holley, 
Lyman  Fitch,  Truman  Chittenden,  John  Peck,  Israel  P.  Dana,  Seth 
Wetmore,  and  Samuel  C.  Crafts  are  elected  Councillors  for  the  year  en- 
suing. Chauncey  Langdon,  for  Committee."* 

After  which  the  Governor  and  Council  returned  to  their  Chamber. 
Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  Oct.  13, 1826.    9  Oclock  A.  M. 

The  Council  met  pursuant  to  adjournment,  His  Honor  the  Lieut.  Gov. 
in  the  Chair.  His  Honor  the  Lieut.  Gov.  elect  and  the  Hon.  Council- 
lors elect  attended  in  the  Representatives'  room  and  in  the  presence  of 
the  House  took  and  subscribed  the  oaths  of  office,  after  which  they  re- 
turned to  their  Chamber. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  houses 
meet  in  the  representatives'  room  at  two  Oclock  this  afternoon,  for  the 
purpose  of  electing  a  Chaplain  of  the  General  Assembly  for  the  year  ensu- 
ing," which  was  read  ;  whereupon  resolved  to  concur  with  the  House  in 
passing  this  resolution.  Ordered  that  the  Sec'y  inform  the  House 
accordingly. 

Mr  Proctor,  on  motion  and  leave  granted,  introduced  the  following 
resolution,  "Resolved  that  the  presiding  officer  of  the  Council  may  at 
his  discretion  admit  one  or  more  Reporters  into  the  Council  Chamber, 
under  such  regulations  as  he  may  from  time  to  time  direct,"  which  was 
read  and  adopted.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. —  The  Council  met  pursuant  to  adjournment,  His 
Honor  the  Lieut.  Gov.  in  the  Chair. 

A  message  was  received  from  the  House  of  representatives,  by  Mr- 
Allen  of  Irasburgh,  one  of  its  members,  informing  that  the  House  had 
elected  the  Hon.  D.  Azro  A.  Buck  Speaker,  Timothy  Merrill  Clerk, 
Norman  Williams  Sec'y  of  State,  and  Oramel  H.  Smith  engrossing 
Clerk,  and  he  withdrew. 

1  The  election  sermon  was  preached  by  Rev.  Wilbur  Fisk. 
a  The  votes  for  Governor  were,  for  Ezra  Butler  8,966  ;  Joel  Doolittle 
3,157;  and  scattering  2,037. 


208  Governor  and  Council — October  1826. 

Mr-  Peck  appeared  in  the  Council  Chamber,  was  qualified  and  took  his 
seat. 

His  Honor  the  Lieut.  Gov.  &  the  Council  attended  in  the  representa- 
tives' room,  when  the  two  houses  elected  a  Chaplain  to  the  General 
Assembly  for  the  year  ensuing.1 

Mr-  Pierpoint,  having  obtained  leave,  introduced  the  following  resolu- 
tion, uResolved,  that  the  Surveyor  [of]  public  buildings  be  directed  to 
make  one  drawer  for  each  Councillor  under  the  table  in  the  Council 
Chamber,  with  a  lock  to  each,  as  soon  as  may  be,"  which  was  read  and 
adopted. 

His  Excellency  the  Gov.  elect,  and  the  Honorable  Council  attended 
in  the  representatives'  hall  when  his  excellency  made  the  following 
Communication,  having  first  in  the  presence  of  the  House  of  represent- 
atives [Joint  Assembly  of  the  two  Houses]  taken  the  oaths  of  office.2 

The  Governor  and  Council  returned  to  their  Chamber. 

A  great  number  of  petitions,  from  convicts  in  the  state  prison,  were 
presented  and  filed.     Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Oct.  14, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  Mr-  Fitch  ap- 
peared in  the  Council,  was  qualified  and  took  his  seat. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  the  petitions  of  Daniel  Kenyon,  of  Joseph*  Frost,  of  Titus  Hutchin- 
son &  others,  of  the  Selectmen  of  Andover,  and  of  Ira  Stewart  and  oth- 
ers, with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
Committee  on  roads  and  canals;  whereupon  Resolved  to  concur  in  said 
orders  of  reference.  Also  the  petition  of  John  L.  Fassett  and  others 
and  of  Austin  Johnson  and  others,  with  an  order  of  the  House  that  the 
same  be  referred  to  the  Military  Committee;  whereupon  resolved  to  con- 
cur in  said  orders  of  reference.  Also  the  petition  of  the  Selectmen  of 
Bristol,  of  the  Selectmen  of  Lincoln,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  land  tax  Committee  ;  whereupon  re- 
solved to  concur  in  said  orders  of  reference.  Also  the  petition  of  Peter 
Remsen  and  others  and  of  Albert  Stevens,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Claims;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  Also  "  An  act 
directing  the  Treasurer  to  pay  Jona-  Dike  Junior  the  sum  therein  men- 
tioned," 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. 

The  Petition  of  Leonard  Corliss,  for  pardon,  was  taken  up,  read,  and 
on  the  question  "  Shall  the  said  Leonard  Corliss  be  discharged  from  con- 
finement ?"  it  was  decided  in  the  affirmative — yeas  twelve.  The  peti- 
tion of  Basil  Bourge,  for  pardon,  was  taken  up,  and  on  motion  of  His 
Honor  the  Lieut.  Governor  was  dismissed.  The  petitions  of  Moses 
Cluff,  of  Jeremiah  Downey,  of  Thomas  Dean,  of  Charles  Emerson,  of 
David  Fowler,  of  John  B.  Freeman,  of  Eseck  Comstock,  of  Joseph  Fer- 
ryall,  of  Simeon  Fisk,  of  Thomas  Gilbert,  of  William  Gary,  of  William 
Going,  of  Reuben  T.  Hathaway,  of  John  Hunt,  of  Adonijah  Hewett,  of 
Lucius  Hill,  of  William  Hawley,  of  William  Longley,  of  Jonathan  E. 
Lowe,  of  William  Lock,  of  Calvin  Merrill,  of  David  Olders,  of  David  Por- 
ter, of  Eli  Peck,  of  Stewart  Rutledge,  of  Lawrancy  Smalley,  of  Nathan 

1  Rev.  Wilbur  Fisk  was  elected. 

8  For  Governor's  speech  see  Appendix  A. 


Governor  and  Council — October  1826.  209 

Scrautou,  of  James  Weston,  of  John  Utley,  of  Edward  Welch  and  of 
Paul  Brown,  for  pardon,  were  severally  taken  up,  read,  and  on  motion 
ordered  to  be  dismissed. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  the  Petition  of  Samuel  Benedict,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Military  Committee  ;  where- 
upon resolved  not  to  concur  in  the  reference  and  Mr-  Langdon  was 
appointed  to  assign  the  reasons  of  the  Council  to  the  House.  Adjourned 
to  2  Oclock  P.  M. 

2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  Petition  of  Roderick  Brown,  for  pardon,  was  called  up,  read 
and  ordered  to  lye  on  the  table. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  the  petition  of  Uriah  Edgerton,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  re- 
solved not  to  concur  in  said  order  of  reference  and  reasons  for  the  same 
were  assigned  in  writing.    Adjourned  to  9  Oclock  to  morrow  morning. 


Monday  Oct.  16, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  —  "Resolved,  the  Gov. 
and  Council  concurring  herein  that  the  use  of  the  State  house  be  ten- 
dered to  the  citizens  of  Montpelier,  for  public  worship,  on  each  Sabbath, 
during  the  present  session  of  the  legislature,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  resolution.1 

The  House  sent  up  the  following  resolution  for  concurrence,  "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  General  As- 
sembly accept  the  invitation  of  the  Montpelier  meeting-house  Society, 
and  that  in  pursuance  of  said  invitation,  the  members  of  the  General  As- 
sembly, with  their  Chaplain,  will  attend  public  worship  with  said  Society 
at  their  meeting-house  in  said  Montpelier,  on  Sabbaths  during  the  pres- 
ent session  of  the  General  Assembly,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  Isaac  Tichenor  and  others.,  of  the  Stockholders  in 
Fairhaven  turnpike  Company,  and  of  Samuel  S.  Blake  and  others,  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Commit- 
tee on  roads  and  canals  ;  whereupon  resolved  to  concur  in  said  orders 
of  reference.  Also  the  petition  of  Jacob  Abbee,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Committee  raised  upon 

^he  Montpelier  Meeting-House  Society,  proprietors  of  the  brick 
church,  then  the  only  one  in  the  village  of  Montpelier,  had  first  tendered 
their  house  for  the  use  of  the  chaplain  and  members  of  the  legislature 
on  each  Sabbath  during  the  session.  The  above  resolution  permitted 
the  pastor,  members  and  society  of  the  first  congregational  church,  if 
they  desired  it,  to  use  the  hall  of  the  House  of  Representatives  during 
the  same  time.  The  Montpelier  Meeting-House  Society  always  ex- 
tended this  courtesy  to  the  legislature  until  it  became  unnecessary  to 
do  so  by  the  election  of  Chaplains  who  were  not  required  or  expected 
to  give  a  Sabbath  service.  See  the  next  resolution  in  the  text, 
14 


210  Governor  and  Council — October  1826. 

the  petition  of  David  Russell ;  whereupon  resolved  to  concur  in  said  or- 
der of  reference.  Also  the  petition  of  Abel  Grout  and  others,  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. 
Also  "  An  act  annexing  Elias  Hickock,  Benjamin  Hickock  and  David 
Gibbs  of  Fairhaven  to  the  Mills  School  District  in  Castleton,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
raised  on  the  petition  of  Martin  Gilbert  and  others  ;  whereupon  resolved 
to  concur  in  said  order  of  reference.  Also  the  petition  of  John  Page  Jr. 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Committee  raised  upon  the  petition  of  Martin  Gilbert  and  others  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  the  peti- 
tion of  Nathaniel  JBalch,  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.  Also  the  petitions  of  Nathan  Stone 
and  Jasper  Stone,  and  of  the  inhabitants  of  New  Fane,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  members  of  Wind- 
ham County  to  join  ;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence, and  Mr  Roberts  is  appointed  from  Council.  Alsc  the  petition  of 
Joseph  A.  Gallup  and  associates,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  on  education  ;  whereupon 
resolved  to  concur  in  said  order  of  reference.  Also  the  petitions  of 
Alonzo  Selden  and  others,  of  Abner  Perry  and  others,  of  Phillip  Griffith 
and  others,  of  John  Holbrook,  and  of  Henry  Lake,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  Judiciary  Committee  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  An  act 
in  addition  to  the  several  acts  for  laying  out,  making,  repairing  and  clear- 
ing highways,  with  an  order  thereon  that  the  same  be  referred  to  the 
General  Committee  ;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

Mr-  Pierpoint  introduced  the  following  resolution,  "  Resolved,  that  the 
Sec'y  of  the  Gov.  and  Council  be  directed  to  furnish  His  excellency  the 
Governor,  His  Honor  the  Lieut.  Governor  and  the  several  Councillors 
with,  each,  four  newspapers,  such  as  they  may  choose,"  which  was  read 
and  adopted. 

Mr-  Merrill  introduced  the  following  resolution,  "  Resolved,  the  Gen- 
eral Assembly  concurring  herein,  that  it  shall  be  [the]  duty  of  the  Gov- 
ernor and  Council  to  select  some  suitable  room  in  the  State-House,  to 
be  placed  under  the  charge  of  the  librarian  for  a  place  of  deposite  for  a 
geological  and  mineralogical  cabinet  ;  and  the  librarian,  in  the  discharge 
of  his  duty  herein,  shall  be  governed  by  such  rules  and  regulations  as 
the  Gov.  and  Council  shall  from  time  to  time  prescribe,"  which  was  read 
and  passed  and  ordered  to  be  sent  to  the  House  of  representatives  for 
their  concurrence. 

The  petition  of  Charles  K.  Parkhurst,  for  pardon,  was  called  up  and 
the  question  put  "  Shall  the  said  Charles  K.  Parkhurst  be  discharged 
from  his  said  confinement  ?"  which  was  determined  in  the  affirmative. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  petition  of  Homar  Chellis,  for  pardon,  was  called  up, 
read  and  on  motion  of  Mr.  Pierpoint  was  ordered  to  be  dismissed.  The 
petition  of  Sylvanus  Dibble,  for  pardon,  was  called  up,  read  and  on  mo- 
tion of  His  Honor  the  Lieut.  Gov.  ordered  to  be  dismissed.  Adjourned 
to  9  Oclock  to  morrow  morning. 


Governor  and  Council — October  1826.  211 

Tuesday  Oct.  17,  1826.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Mr-  Crafts 
appeared  in  the  Council,  was  qualified  and  took  his  seat. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit  — 
"Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  houses,  in 
their  respective  rooms,  proceed  at  eleven  Oclock  in  the  forenoon  on  tues- 
day  next  to  elect  a  Senator  for  this  State  to  represent  the  State  of  Vermont 
in  the  Senate  of  the  U.  S.  for  the  term  of  six  years  from  and  after  the 
third  of  March  next ;  and  that  both  houses  meet  immediately  thereafter 
in  the  Representatives'  room  to  complete  said  election  according  to 
law,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
resolution.     Ordered  that  the  Sec'?  inform  the  House  of  the  same. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
houses  meet  in  County  Conventions  on  tuesday  next,  at  four  Oclock  in 
the  afternoon,  for  the  purpose  of  making  nominations  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  was  read  ;  whereupon  resolved  to  con- 
cur in  passing  this  resolution  —  ordered  that  Sec'y  inform  the  House  of 
the  same. 

His  excellency  the  Gov.  was  pleased  to  appoint  Daniel  Kellogg  Sec'y 
to  the  Gov.  and  Council  for  the  year  ensuing,  and  he  was  qualified  by 
Mr  Wetmore. 

The  petition  of  Russell  Jepherson,  for  pardon,  was  called  up  and  read 
and  the  question  put  "  Shall  the  said  Russell  Jepherson  be  discharged 
from  confinement  ?"  which  was  determined  in  the  affirmative— Yeas  12, 
Nays  0. 

The  House  sent  up  the  following  resolutions  for  concurrence  to  wit — 
"In  General  Assembly  Oct.  16,  1826.  Resolved,  the  Governor  and 
Council  concurring  herein,  that  so  much  of  his  Excellency's  Communica- 
tion as  relates  to  the  amendment  of  the  constitution  of  the  United  States 
be  referred  to  a  select  Committee  of  four  to  join  from  Council,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  resolution  and 
Mr-  Pierpoint  is  appointed  from  Council.  Also  "  Resolved,  the  Gov.  and 
Council  concurring  herein,  that  so  much  of  his  Excellency's  Communi- 
cation as  relates  to  the  Judiciary  System  be  referred  to  the  Judiciary 
Committee."  Also  "  Resolved,  the  Gov.  and  Council  concurring  herein, 
that  so  much  of  his  Excellency's  Communication  as  relates  to  making 
and  repairing  roads  be  referred  to  the  Committee  of  roads  and  canals." 
Also  "  Resolved,  the  Gov.  and  Council  concurring  herein,  that  so  much 
of  his  Excellency's  Communication  as  relates  to  imprisonment  for  debt 
be  referred  to  the  Judiciary  Committee."  Also  "  Resolved,  the  Gov. 
and  Council  concurring  herein,  that  so  much  of  his  Excellency's  Speech 
as  relates  to  lotteries  and  the  sale  of  lottery  tickets  be  referred  to  the 
General  Committee,"  which  were  severally  read;  whereupon  resolved  to 
concur  with  the  House  in  passing  these  resolutions. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  "An  act  directing  when  tenders  may  be  made  on  notes  and  other 
contracts  payable  in  collateral  article  or  articles,  which  fall  due  on  Sun- 
day, and  defining  what  shall  be  the  duty  of  persons  tendering  collateral 
articles,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  General  Committee  ;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  the  Treasurer's  Report,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  of  Ways  and  Means: 
whereupon  resolved  that  said  order  of  reference  be  concurred  in.  Also 
"  An  act  explanatory  of  an  act  entitled  an  act  to  revive  an  act  laying  a 


212  Governor  and  Council — October  1826. 

tax  on  the  town  of  Highgate,  passed  Nov.  8, 1825,"  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. 

A  message  was  received  from  the  House  of  representatives  by  Mr-  Hunt, 
one  of  its  members,  informing  that  the  House  are  now  ready  on  their  part  to 
proceed  to  the  election  of  Senator  agreeably  to  the  concurrent  resolution 
of  the  two  houses.  Ordered  that  the  Secretary  inform  the  House  that 
the  Governor  and  Council  are  now  ready  on  their  part  to  proceed  to  the 
election  of  Senator. 

Eleven  Oclock  A.  M.—  The  Gov.  and  Council  proceeded  to  the 
election  of  a  person  to  represent  this  State  in  the  Senate  of  the  United 
States  for  the  period  of  six  years  from  and  after  the  third  day  of  March 
next  and  the  ballots  being  taken  and  examined,  the  Honorable  Cornelius 
P.  Van  Ness,  having  a  majority,  was  declared  duly  elected  on  the  part 
of  the  Governor  and  Council.  A  message  was  received  from  the  House 
of  representatives  by  Mr-  Sheldon,  one  of  its  members,  informing  that 
the  House  had  on  their  part  nominated  a  person  to  represent  this  State 
in  the  Congress  of  the  U.  S.  for  the  period  of  six  years  from  and  after 
the, third  day  of  March  next  and  that  they  were  now  ready  to  receive 
the  Gov.  and  Council  in  the  representatives'  room  to  complete  said 
election.  Ordered,  that  the  Sec'^  inform  the  House  that  the  Gov.  & 
Council  have  on  their  part  elected  a  person  to  represent  this  State  in 
the  Senate  of  the  U.  S.  for  the  period  of  six  years  from  and  after  the 
third  day  of  March  next,  and  that  they  would  immediately  attend  in  the 
representatives'  room  to  complete  said  election. 

The  Gov.  and  Council  attended  in  the  representatives'  room  and  upon 
comparing  the  proceedings  of  the  two  houses  in  relation  to  the  election 
of  Senator,  it  was  found  that  they  had  disagreed  in  their  nomination  ; 
whereupon  the  two  houses,  then  in  Joint  Committee,  proceeded  to  bal- 
lot for  a  Senator,  and  the  ballots  being  taken  and  examined,  the  Hon. 
Horatio  Seymour,  having  a  majority,  was  declared  duly  elected;  of  which 
proclamation  was  made  by  the  Sheriff  of  Washington  County.  The  Gov. 
&  Council  returned  to  their  Chamber.  , 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  the  Selectmen  of  Newbury,  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.  Also  the  peti- 
tion of  Ebenezer  Goodell  and  others,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  on  the  petition  of  Martin 
Gilbert  &  others  ;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence. Also  the  petition  of  Alson  Squires  and  others,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  committee  on  the 
petition  of  Martin  Gilbert  and  others;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  An  act  to  repeal  a  part  of  an  act  therein 
mentioned,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Committee  on  education;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  an  act  in  addition  to  an  act  constituting 
probate  courts  and  denning  their  powers,  and  regulating  the  settlement 
of  testate  and  intestate  estates  and  the  guardianship  of  minors  and  insane 
persons,  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.  Also  the  Remonstrance  of  Addison  Albee  &  others, 
and  of  Johnson  Marsh  and  others,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Judiciary  committee  ;  whereupon  re- 
solved to  concur  in  said  orders  of  reference.  Also  the  petition  of  Daniel 
Church  and  others,  of  Benajah  Phelps  and  others,  of  Henry  Gray  and 


Governor  and  Council — October  1826.  213 

others,  also  An  act  to  regulate  the  toll  of  one  horse  waggons  on  the 
West  river  bridge  in  Brattleboro,  also  An  act  incorporating  the  St.  Al- 
bans Steamboat  Company,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Committee  on  Roads  and  Canals;  whereupon 
resolved  to  concur  in  said  orders  of  reference.  Also  the  petition  of  Sam- 
uel Conant,  of  Horace  Prince,  of  Henry  S.  Walker,  of  Thomas  Burnside, 
and  the  account  of  the  Overseers  of  the  poor  of  New  Fane,  with  an  or- 
der of  the  House  on  each  that  the  same  be  referred  to  the  Committee  of 
Claims;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  :  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  so  much  of 
the  Governor's  Speech  as  relates  to  the  school  fund  be  referred  to  the 
Committee  on  education,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  resolution.  Also  the  following  resolution,  "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  two  houses 
will  meet  in  joint  committee  on  Wednesday  next  at  two  Oclock  P.  M.  for 
the  purpose  of  electing  Judges  of  the  Supreme  Court,"  which  was  read  ; 
whereupon  Resolved  to  concur  in  passing  this  resolution.  Also  the  fol- 
lowing resolution,  "Resolved,  the  Gov.  and  Council  concurring  herein, 
that  so  much  of  the  Governor's  Speech  as  relates  to  the  militia  be  re- 
ferred to  the  military  committee,"  which  was  read  and  adopted.  Also 
the  following  resolution,  "Resolved,  the  Gov.  and  Council  concurring 
herein,  that  the  military  committee  be  instructed  to  enquire  into  the 
expediency  of  passing  an  act  legalizing  the  organization  and  subsequent 
doings  of  the  third  brigade  of  the  third  Division  of  the  militia  of  this 
state,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution.  Also  the  following  resolution  "Resolved,  the  Gov.  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  enquire  into  the  expediency  of  passing  a  law  giving  power  to  the  Su- 
preme and  County  Courts  to  accept  or  reject  in  whole  or  in  part  the 
report  of  any  committee  by  them  appointed  to  lay  out  highways,  and 
provide  for  the  apportionment  of  costs  in  such  cases,  and  report  by  bill 
or  otherwise,"  which  was  read  ;  whereupon  Resolved  to  concur  in 
passing  this  resolution. 

The  petition  of  Joseph  Hills,  a  prisoner  in  Rutland  County  Jail,  was 
filed,  and  laid  upon  the  table.  The  petition  of  Elijah  Remington,  a 
prisoner  in  Rutland  County  Jail,  was  filed  and  laid  upon  the  table. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. A  written  message  was  recd-  from  the  House  informing  the  Gov. 
and  Council  that  agreeably  to  the  rules  of  the  House  they  have  appointed 
the  following  Standing  Committees  in  which  they  desire  the  Gov.  and 
Council  to  join  to  wit,  A  committee  of  4  denominated  the  Judiciary 
Committee ;  A  committee  of  4  denominated  the  committee  of  ways  & 
means  ;  A  committee  of  4  denominated  the  Committee  of  Claims  ;  A 
committee  of  4  denominated  the  Military  committee  ;  A  committee  of  4 
denominated  the  land  tax  committee  ;  A  committee  of  4  denominated 
the  committee  on  Roads  &  Canals  ;  A  committee  of  4  denominated  the 
committee  on  agriculture  ;  A  committee  of  13  denominated  the  General 
Committee  ;  A  committee  of  4  denominated  the  committee  on  Manu- 
factures ;  A  committee  of  4  denominated  the  Committee  on  education. 
Whereupon  Resolved  to  concur  in  the  appointment  of  said  committees 
and  Mr-  Wetmore  is  appointed  on  the  Judiciary  Committee.  The  Lieut. 
Gov.  is  appointed  on  the  Committee  of  Ways  &  Means.  Mr-  Peck  is 
appointed  on  the  Committee  of  Claims.  Mr-  Holley  is  appointed  on  the 
Military  Committee.     Mr-  Chittenden  is  appointed  on  the  land  tax  Com- 


214  Governor  and  Council—  October  1826. 

mittee.  Mr-  Langdon  is  appointed  on  the  committee  of  Roads  and  Ca- 
nals. Mr-  Fitch  is  appointed  on  the  committee  on  agriculture.  Mr- 
Roberts  is  appointed  on  the  General  Committee.  Mr-  Crafts  is  appointed 
on  the  Committee  on  Manufactures.  Mr-  Merrill  is  appointed  on  the 
Committee  on  education.     Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday,  Oct.  18,  1826.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit,  the  peti- 
tion of  Whitfield  Walker,  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.  Also  the  Remonstrance  of  the  inhab- 
itants of  Weathersfield,  of  Nomlas  Cobb  and  others,  of  Luther  Perkins 
and  others,  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  the  committee  raised  on  the  petition  of  Joshua  Leland  and  others  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  the 
petition  of  Samuel  Moulton  and  others,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Military  committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  the  petition  of 
Calvin  Perry,  of  Samuel  Hoffman  and  others,  of  Reuben  Stowell  and 
others,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Committee  on  roads  and  canals  ;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  "An  act  for  the  relief  of  the  town  of  Som- 
mersett,"  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.  Also  the  petition  of  Zachariah  Barrett  Jr.,  of  James  Mc- 
Laren, of  Isaac  Knight,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Committee  of  Ways  and  Means  ;  whereupon  re- 
solved to  concur  in  said  orders  of  reference.  Also  the  petition  of  the 
Selectmen  of  Middlesex,  of  the  Selectmen  of  Duxbury,  of  Selectmen  of 
Newport,  of  Selectmen  of  Kirby,  of  Joel  Templeton  &  others,  of  George 
W.  Denison  and  others,  of  Orin  Hubbard  and  others,  of  Selectmen  of 
Orange,  with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  land  tax  Committee  ;  whereupon,  Resolved  to  concur  in  said  orders 
of  reference.  Also  "  an  act  for  the  benefit  of  Common  Schools,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
on  education  ;  whereupon  Resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
fi  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  committee 
on  education  be  directed  to  enquire  into  the  expediency  of  so  altering 
the  act  for  the  support  of  schools  that  a  larger  sum  than  two  cents  be 
assessed  upon  the  dollar,"  which  was  read;  whereupon  resolved  to  con- 
cur with  the  House  in  passing  this  resolution. 

The  petition  of  Ezekiel  Longley,  a  prisoner  in  the  common  jail  in 
Rutland  County,  was  called  up,  read  and  the  question  put  "  Shall  a  par- 
don be  granted  to  the  said  Ezekiel  Longley  ?"  which  was  determined  in 
the  affirmative. 

The  Gov.  and  Council  attended  in  the  House,  and  after  the  appoint- 
ment of  County  officers  in  the  several  Counties,  they  returned  to  their 
Chamber.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  Gov.  &  Council  attended  in  the  House  and  elected  Judges  of  the 
Supreme  Court. x  After  which  they  returned  to  their  Chamber.  Ad- 
journed to  9  Oclock  to  morrow  morning. 

*  Richard  Skinner,  Samuel  Prentiss,  Titus  Hutchinson,  and  Stephen 
Royce  Jr.  were  elected. 


Governor  and  Council — October  1826.  215 

Thursday  Oct.  19, 1826.    [9  Oclock]  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  communication  [resolution,]  "  Kesolved,  the  Gov.  and 
Council  concurring  herein,  that  the  General  Committee  be  directed  to 
enquire  into  the  propriety  of  reporting  a  bill  making  provision  that  real 
and  personal  property  be  appraised  and  set  in  the  list  of  this  state  at 
per  cent,  on  its  real  value,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  resolution.  Also  the  following  resolution,  "Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  General  Committee  be 
instructed  to  enquire  into  the  expediency  of  providing  by  law  for  the 
annual  assessment  of  taxes  upon  wild  lands  in  this  state  to  be  expended 
in  making  and  repairing  roads  and  building  bridges,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  Also  the  fol- 
lowing resolution,  "  Resolved,  the  Gov.  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  instructed  to  enquire  into  the  expedi- 
ency of  so  altering  the  law  appointing  the  days  on  which  the  Supreme 
and  County  Courts  shall  be  holden  in  the  respective  counties  as  that 
they  may  be  holden  on  tuesdays  and  not  on  Mondays,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution. 

The  Governor  and  Council  attended  in  the  House  to  the  appointment 
of  County  officers,  after  which  they  returned  to  their  chamber. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  Noah  Peck  and  others,  and  the  remonstrance  of  Henry 
Hodges  and  others,  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  committee  on  the  petition  of  Joseph  Collins  and  others; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  the  pe- 
tition of  Susannah  Collins,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  committee  on  the  petition  of  Gilman  Willard; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  the  peti- 
tion of  Anna  Cole,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  committee  on  the  petition  of  Walter  Sessions;  whereupon 
resolved  to  concur  in  said  order  of  reference.  Also  the  petition  of  Lem- 
uel Hitchcock  and  others  and  of  Phillip  Scott,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  committee  on  the  petition  of 
David  Russell;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  the  petition  of  Charles  Hardy,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  committee  on  the  petition  of  Walter 
Sessions;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  the  petition  of  Jonas  Allen  and  others,  with  an  order  of  the  house 
thereon  that  the  same  be  referred  to  the  committee  on  the  petition  of 
the  town  of  Concord;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  the  petition  ot  Abel  Perrin,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  on  the  petition  of 
Martin  Gilbert  and  others;  whereupon  resolved  to  concur  in  said  order 
of  reference.  Also  the  petition  of  Jacob  Hildreth,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  the  petition 
of  David  Russell;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  the  petition  of  Charles  Leavens,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  committee  of  Ways  and  Means;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  the  petition  of 
Cyrus  Canfield  and  others,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  on  roads  and  canals.  Also  the  Re- 
monstrance of  Windham  turnpike  Company,  of  Samuel  Renne  and  oth- 
ors,  and  the  petition  of  Samuel  Holgate  Junior,  of  Thomas  Hammond, 
also  an  act  establishing  a  corporation  by  the  name  of  the  Champlain 
transportation  Company  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  committee  on  roads  and  canals;  whereupon  re- 


216  Governor  and  Council — October  1826. 

solved  to  concur  in  said  orders  of  reference.  Also  the  petition  of  Daniel 
Warner  and  others,  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  a  Select  committee  of  three  to  join;  whereupon  resolved 
to  concur  in  said  order  of  reference  and  Mr-  Langdon  is  appointed  from 
Council.  Also  the  petition  of  Martin  Gilbert  and  others  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  three 
to  join  and  Mr-  Pierpoint  is  appointed  from  Council.  Also  the  petition 
of  William  Mott,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  a  committee  of  three  to  join;  whereupon  resolved  to  concur 
in  said  order  of  reference  and  Mr-  Roberts  is  appointed  from  Council. 
Also  the  petition  of  Joseph  M.  Mott  and  Benjamin  Mott,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  three 
to  join;  whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr- 
Merrill  is  appointed  from  Council.  Also  the  petition  of  David  Russell, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  com- 
mittee of  three  to  join;  whereupon  Resolved  to  concur  in  said  order  of 
reference  and  His  Honor  the  Lieut.  Gov.  is  appointed  from  Council. 
Also  the  petition  of  Joshua  Wade  and  others  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  three  to  join;  where- 
upon resolved  to  concur  in  said  order  of  reference  and  Mr-  Chittenden  is 
appointed  from  Council.  Also  the  petition  of  the  2d-  West  river  bridge 
Company  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  a  committee  of  two  to  join;  whereupon  resolved  to  concur  in  said  or- 
der of  reference.  Also  the  petition  of  John  French,  of  Noyes  Dennison, 
of  Daniel  Mead  and  others,  of  the  inhabitants  of  the  town  of  Troy,  of 
George  Town  and  others,  of  David  Chad  wick  and  others,  of  Ira  Eaton  and 
others,  of  Ebenr-  Darling  and  others,  of  Jesse  Hughs  and  others,  with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  land  tax 
committee;  whereupon  resolved  to  concur  in  said  orders  of  reference. 
Also  the  petition  of  Tappan  Stevens,  the  account  of  Harvey  Scott,  the 
petitions  of  Robert  Paddock,  of  Elias  Lyman  Junior,  of  Abel  Dunning, 
of  John  Kilburn  and  others,  and  an  act  directing  the  Treasurer  to  pay 
Heman  Lowrey  the  sum  therein  mentioned,  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.  Also  the  petition  of 
Charles  Leavins,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  committee  of  ways  and  means;  whereupon  resolved  to 
concur  in  said  order  of  reference.  Also  An  act  directing  the  manner  of 
levying  executions  on  the  right  of  redeeming  lands  mortgaged — Also  An 
act  in  addition  to  an  act  constituting  the  Supreme  Court  of  Judicature 
&c. — Also  an  act  ceding  to  the  U.  S.  exclusive  jurisdiction  over  a  scite 
for  an  arsenal  at  Vergennes — also  a  communication  from  A.  W.  Bar- 
num,  also  An  act  repealing  part  of  an  act  therein  mentioned,  with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary 
committee;  whereupon  resolved  to  concur  in  said  orders  of  reference. 
Also  the  petition  of  Pliny  Smith  and  others  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  of  insolvency;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  Gov.  and  Council  attended  in  the  House  of  Representatives 
to  the  appointment  of  County  officers,  after  which  they  returned  to  their 
chamber. 

The  petition  of  Elijah  Remington,  a  prisoner  in  Rutland  County 
jail,  was  called  up  and  after  some  discussion  the  same  was  laid  upon  the 
table.     The  petition  of  Uriah  Hill,  a  prisoner  in  Rutland  County  jail,  for 


Governor  and  Council — October  1826.  217 

pardon,  was  called  up,  read  and  the  question  put  "  Shall  the  said  Uriah 
Hill  be  pardoned  ?"  which  was  determined  in  the  affirmative.  Ad- 
journed to  9  Oclock  A.  M.  [to  morrow.] 


Friday  Oct.  20, 1826.  9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  On  motion  of 
Mr-  Wetmore,  voted  to  reconsider  the  vote  dismissing  the  petition  of 
Charles  Emerson.  The  petition  of  Josiah  Sims,  a  convict  in  the  state 
prison,  was  called  up  and  the  question  put  "  Shall  the  said  Josiah  Sims 
be  discharged  from  his  confinement  ?"  which  was  determined  in  the 
affirmative. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  judiciary  committee 
be  instructed  to  enquire  into  the  expediency  of  passing  a  law  authorizing 
the  appointment  of  a  commissioner  in  each  county  with  power  to  audit 
and  allow  the  accounts  of  magistrates,  sheriffs,  state's  attorneys  and  all 
other  persons  concerned  for  the  detection,  apprehension  and  examina- 
tion of  persons  charged  with  offences,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution.  The  House  sent  up  the  fol- 
lowing resolution  for  concurrence  to  wit,  "  Resolved,  the  Gov.  and  Coun- 
cil concurring  herein,  that  the  committee  on  roads  and  canals  be  in- 
structed to  enquire  into  the  expediency  of  authorizing  money  to  be  raised 
by  a  lottery  for  the  purpose  of  aiding  in  improving  the  navigation  of 
Connecticut  river  and  constructing  a  canal  from  Otter  Creek  to  White- 
hall, so  as  to  intersect  the  Northern  canal  of  New  York,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  resolution.  The 
House  sent  up  the  following  resolution  for  concurrence  to  wit — "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  committee  of 
education  be  instructed  to  enquire  into  the  expediency  of  passing  a  law 
providing  for  the  increase  of  the  permanent  school  fund  by  imposing  a 
tax  or  duty  on  all  domestic  distilled  spirits  sold  within  this  state,  and 
that  they  have  leave  to  report  by  bill  or  otherwise,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up.the  following  for  concurrence  in  the  reference — 
The  account  of  Josiah*  Burton  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.  Also  "  An  act  authorizing  a  corpora- 
tion by  the  name  of  the  Champlain  transportation  company,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee  on 
roads  and  canals;  whereupon  resolved  to  concur  in  the  order  of  refer- 
ence. The  House  sent  up  the  following  resolution  for  concurrence, 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  military 
committee  be  directed  to  enquire  into  the  expediency  of  repealing  the 
thirtieth  section  of  an  act  entitled  'An  act  for  regulating  and  governing 
the  militia  of  this  state,'  and  the  second  section  of  an  act  entitled  '  An 
act  in  addition  to  an  act  entitled  'An  act  regulating  and  governing  the 
militia  of  this  state;'  and  report  by  bill  or  otherwise,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  Also  the  peti- 
tion of  Gilman  Willard,  with. an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  two  to  join;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  Mr-  Wetmore  is  appointed  from 
Council.  Also  the  petition  of  Walter  Sessions  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  two  to  join; 
whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr-  Fitch 
is  appointed  from  Council.    Also  the  petition  of  Joel  Norton,  with  an 


218  Gfovernor  and  Council — October  1826. 

* 
order  of  the  House  thereon  that  the  same  be  referred  to  a  committee  of 
four  to  join;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Holley  is  appointed  from  Council.  Also  the  petition  of  the  in- 
habitants of  Concord,  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  a  committee  of  four  to  join;  whereupon  resolved  to  con- 
cur in  said  order  of  reference  and  Mr-  Proctor  is  appointed  from  Council. 
Also  the  petition  of  James  Johnson  and  William  Burroughs  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  a  committee  of 
three  to  join;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Dana  is  appointed  from  Council.  Also  the  petition  of  Joshua 
Leland  and  others  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  a  committee  of  three  to  join;  whereupon  resolved  to  concur 
in  said  order  of  reference  and  Mr-  Crafts  is  appointed  from  Council. 
Also  the  petition  of  Appletou  Crary,  and  An  act  for  the  preservation  of 
Fish  in  Wells  pond,  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  committee  on  the  petition  of  Joseph  Morse  and  oth- 
ers; whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"  An  act  in  addition  to  an  act  entitled  an  act  constituting  probate  courts 
— An  act  to  legalize  the  proceedings  of  the  selectmen  of  the  town  of 
Woodford — An  act  in  addition  to  an  act  constituting  probate  courts — 
An  act  in  addition  to  an  act  for  the  support  of  schools,"  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  Judiciary  commit- 
tee; whereupon  resolved  to  concur  in  said  orders  of  reference.  Also 
"  An  act  granting  a  lottery  for  the  benefit  of  common  schools,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
on  education;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Also  the  petition  of  James  Eddy  and  others,  and  An  act  directing  the 
Treasurer  to  pay  R.  R.  Keith  the  sum  therein  mentioned,  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.  Also 
the  petition  of  William  Rowell  and  others,  of  Woolcott  H.  Keeler  and 
others,  with  an  order  of  the  House  on  each  that  the  same  be  refer- 
red to  the  land  tax  Committee;  whereupon  resolved  to  concur  in  said 
orders  of  reference.  Also  the  Remonstrance  of  Charles  Phelps  and  oth- 
ers, and  the  petition  of  Enock  Emerson  and  others,  of  Nathan  Lapham 
and  others,  of  Leonard  Stone  and  others,  of  Jamaica  turnpike  Company, 
of  Moses  Strong  and  others,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  committee  on  roads  and  canals;  whereupon  re- 
solved to  concur  in  said  orders  of  reference.  Also  the  petition  of  Daniel 
Warner  Junr-  and  others,  of  the  officers  of  Jefferson  Artillery,  with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  military 
committee;  whereupon  resolved  to  concur  in  said  orders  of  reference. 
Also  An  act  directing  the  Treasurer  to  pay  Edward  Simonds  the  sum 
therein  mentioned,  and  the  petition  of  Joseph  Burr  &  others,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
of  Ways  and  Means;  whereupon  resolved  to  concur  in  said  orders  of  ref- 
erence. Also  the  petition  of  John  Emery,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  insolvency; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  the  peti- 
tion of  Moses  Lyon,  of  Elijah  Clays,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  committee  on  the  petition  of  Gilman 
Willard;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence 
&c.  to  wit,  "An  act  for  the  relief  of  Zachariah  Barrett  Junior,"  which 
was  read  ;  whereupon  resolved  to  concur  with  the  House  in  passing 
this  bill.     Ordered  that  the  Sec'?  inform  the  House  of  the  same. 

Mr-  Langdon,  having  obtained  leave,  introduced  the  following  entitled 


Governor  and  Council — October  1826.  219 

bill  to  wit,  "An  act  in  addition  to  an  act  relating  to  the  discharge  of 
convicts  in  the  state  prison,"  which  was  read  and  laid  upon  the  table. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
Resumed  the  consideration  of  the  bill  entitled  "An  act  in  addition  to  an 
act  relating  to  the  discharge  of  convicts  in  the  state  prison,"  and  after 
some  discussion  the  same  was  committed  to  a  member  for  amendment 
and  Mr.  Langdon  was  appointed  to  perform  that  service. 

The  petition  of  Rufus  H.  Green  for  pardon  was  called  up  and  the 
question  put  "Shall  the  said  Rufus  H.  Green  be  discharged  from  con- 
finement?"  which  was  determined  in  the  affirmative. 

A  written  message  was  recd-  from  the  Speaker  informing  the  Gov.  and 
Council  that  the  House  of  representatives  had  concurred  in  the  resolu- 
tion authorising  the  selection  of  a  suitable  room  in  the  state-house  to  be 
placed  under  the  charge  of  the  Librarian  for  a  place  of  deposit  for  a 
geological  and  mineralogical  cabinet.  Adjourned  to  9  Oclock  to  mor- 
row morning. 


Saturday  Oct.  21, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  resolution  for  concurrence  to  wit,  "Resolved,  the  Gov. 
and  Council  concurring  herein,  that  the  geueral  committee  be  instructed 
to  enquire  into  the  expediency  of  taxing  annually  the  non-resident  lands 
in  this  state  for  the  purpose  of  aiding  the  funds  for  the  support  of  com- 
mon schools,"  which  was  read  ;  whereupon  resolved  to  concur  in  pass- 
ing this  resolution.  Also  the  following  resolution  to  wit,  "Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  Judiciary  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  constituting  the 
several  courts  of  jail  delivery  in  this  state  courts  of  record,  and  empow- 
ering them  to  issue  execution,  with  leave  to  report  by  bill  or  otherwise," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  "An  act  to  preserve  certain  kinds  of  fish  in  the  waters  therein 
mentioned,"  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  committee  on  the  petition  of  Joseph  Morse  and  others  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "An  act 
to  provide  for  the  establishment  of  County  poor  houses" — Also  "An  act 
appropriating  a  sum  of  money  for  the  purchase  of  Surveyors'  instru- 
ments," with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  General  Committee  ;  whereupon  resolved  to  concur  in  said  orders  of 
reference.  Also  "  An  act  altering  the  name  of  Jane  Ann  Willson," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Committee  on  the  petition  of  Walter  Sessions  ;  whereupon  resolved  to 
concur  in  said  order  of  reference.  Also  the  petition  of  Nahum  Jennison 
and  others  ;  An  act  directing  the  Treasurer  to  pay  John  B.  Hollenbeck 
the  sum  therein  mentioned,  An  act  directing  the  Treasurer  to  pay  John 
Kellogg  the  sum  therein  mentioned,  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.  Also  a  bill  to  preserve 
fish  in  the  waters  of  Hall's  pond  and  Harriman's  pond  in  Newbury, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
committee  on  the  petition  of  James  Johnstone  &c;  whereupon  resolved 
to  concur  in  said  order  of  reference.  Also  "An  act  to  provide  for  pub- 
lishing the  public  acts,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  three  to  join  ;   whereupon  resolved 


220  Governor  and  Council — October  1826. 

to  concur  in  said  order  of  reference — And  Mr.  Holley  is  appointed  from 
Council. 

The  petition  of  Daniel  Palmer  was  called  up  and  on  motion  of  Mr- 
Pierpoint  was  ordered  to  be  dismissed.  The  petition  of  Luther  Rogers 
for  pardon  was  called  up  and  on  motion  of  His  Honor  the  Lieut.  Gov. 
was  dismissed. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit  —  The  petition  of  Joseph  Collins  and  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  three  to 
join  ;  whereupon  Resolved  to  concur  in  said  order  of  reference  and  His 
Honor  the  Lieut.  Gov.  is  appointed  from  Council. 

On  motion  voted  to  reconsider  the  vote  dismissing  the  petition  of 
Luther  Rogers,  and  the  question  was  put "  Shall  the  said  Luther  Rogers 
be  discharged  from  confinement  ?"  which  was  determined  in  the  affirm- 
ative— Yeas  7,  Nays  6. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  The  petition  of  Joseph  Morse  and  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  committee  of  three  to 
join  ;  whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr- 
Langdon  is  appointed  from  Council.  Also  the  petition  of  Jonathan  Hol- 
land and  others  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  a  committee  of  three  to  join  ;  whereupon  resolved  to  concur 
in  said  order  of  reference  and  Mr-  Proctor  is  appointed  from  Council. 
Also  the  petition  of  Benjamin  Deming  and  Suel  Wellman,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  three 
to  join  ;  whereupon  resolved  to  concur  in  said  order  of  reference  and 
Mr-  Crafts  is  appointed  from  Council.  Also  the  petition  of  Solomon 
Safford,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  committee  of  three  to  join  ;  whereupon  resolved  to  concur  in  said 
order  of  reference  and  Mr-  Pierpoint  is  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence,  u  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  committee  ap- 
pointed to  make  up  the  General  list  be  directed  to  make  up  the  same 
upon  lands  at  six  per  cent,  and  upon  houses  and  lots  at  four  per  cent, 
upon  the  last  valuation  and  average  thereof,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  resolution. 

Mr-  Langdon,  to  whom  was  committed  the  bill  entitled  "An  act  in  ad- 
dition to  an  act  relating  to  the  discharge  of  convicts  in  the  state  prison," 
reported  the  same  with  amendments,  which  were  read  and  adopted  ; 
whereupon  Resolved  to  pass  said  bill  and  to  send  the  same  to  the  House 
of  Representatives  for  their  revision  and  concurrence  or  proposals  of 
amendment.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  petition  of  Manna  Case,  for  pardon,  was  called  up  and  on  motion  of 
the  Lieut.  Gov.  dismissed.    Adjourned  to  9  Oclock  Monday  morning. 


Monday  Oct.  23, 1826.  9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  Resolved,  the 
Gov.  and  Council  concurring  herein,  that  a  committee  of  six  members 
from  this  House  be  appointed,  to  join  from  Council,  to  take  into  consid- 
eration the  subject  of  the  general  list  and  assessment  of  taxes  in  the 
state  and  report  by  bill  or  otherwise,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  resolution  and  Mr-  Dana  is  appointed 


Governor  and  Council — October  1826.  221 

from  Council.  The  House  sent  up  the  following  resolution  for  concur- 
rence to  wit,  "  Resolved,  the  Gov.  and  Council  concurring  herein,  that 
the  Judiciary  Committee  be  instructed  to  enquire  into  the  necessity 
of  providing  by  law  for  the  appointment  of  jail  commissioners  in  those 
cases  where  those  appointed  under  the  existing  law  refuse  to  qualify  and 
officiate;  and  report  by  bill  or  otherwise,"  which  was  read:  whereupon 
resolved  to  concur  in  passing  this  resolution.  The  House  sent  up  the 
following  resolution  for  concurrence  to  wit,  "  Resolved,  the  Gov.  and 
Council  concurring  herein,  that  one  hundred  copies  of  the  election  ser- 
mon be  presented  to  the  Revd-  Wilbur  Fisk,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  resolution.  The  House  sent  up 
the  following  resolution  for  concurrence  to  wit,  "Resolved,  the  Gov.  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  enquire  into  the  expediency  of  passing  a  law  directing  the  Judges  of 
the  Supreme  Court  to  report  the  decisions  of  all  such  questions  of  law 
made  by  said  court  as  are  now  required  to  be  reported  and  making  pro- 
vision for  their  publication;  and  of  giving  to  said  judges  the  compensa- 
tion now  given  to  the  reporter,  and  for  abolishing  the  office  of  reporter," 
— which  was  read;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. The  House  sent  up  the  following  resolution  for  concurrence  to 
wit,  **  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  Com- 
mittee on  education  be  instructed  to  enquire  into  the  expediency  of 
granting  a  state  lottery  for  three  years  for  the  benefit  of  the  common 
school  fund;  and  that  a  committee  consisting  of number  of  citi- 
zens of  this  state  be  appointed  to  receive  proposals  for  six  months  from 
and  after  the  rising  of  this  legislature,  and  the  grant  to  be  given  to  the 
highest  bidder,  who  shall  give  satisfactory  security  to  the  Treasurer  of 
this  state  for  the  payment  of  all  prizes  drawn  within  this  state^'  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  resolution. 

Mr-  Chittenden  moved  to  reconsider  the  vote  dismissing  the  petition 
of  Nathan  Scranton,  which  motion  was  determined  in  the  negative. 

The  House  sent  up  the  following  for  concurrence  in  the  reference,  An 
act  appointing  a  collector  in  the  town  of  Mountholly — The  Memorial  of 
Gad  Langdon,  with  an  order  of  the  House  on  each  that  the  same  be  refer- 
red to  the  Committee  of  Ways  and  Means;  whereupon  resolved  to  con- 
cur in  said  orders  of  reference.  Also  the  Memorial  of  the  President  and 
Fellows  of  Middlebury  College— and  An  act  in  addition  to  an  act  for  the 
support  of  schools,  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  Committee  on  education;  whereupon  resolved  to  concur 
in  said  order  of  reference.  Also  "An  act  incorporating  the  Grand  Chap- 
ter of  the  State  of  Vermont,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  a  committee  of  three  to  join;  whereupon  re- 
solved to  concur  in  said  order  of  reference  and  Mr-  Roberts  is  appointed 
from  Council.  Also  "An  act  assessing  a  tax  on  the  County  of  Rutland," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
members  from  the  County  of  Rutland  to  join ;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  Mr  Langdon  and  Mr-  Pierpoint  are 
appointed  from  Council.  Also  "  An  act  directing  the  Treasurer  to  pay 
James  H.  Piatt  the  sum  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  of  claims;  where- 
upon Resolved  to  concur  in  said  order  of  reference. 

The  petition  of  Jonathan  Bidwell,  for  pardon,  was  called  up,  read  and 
the  question  put  "  Shall  the  said  Jonathan  Bidwell  be  discharged  from 
confinement  ?"  which  was  determined  in  the  affirmative — Yeas  8,  Nays 
3.    Adjourned  to  2  Oclock  P.  M. 


222  Governor  and  Council — October  1826. 

2  Oclock  I\  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. Resumed  the  consideration  of  the  petition  of  Daniel  Wellman, 
a  prisoner  in  the  common  jail  at  Manchester  in  the  County  of  Benning- 
ton, and  the  question  was  put  "  Shall  a  pardon  be  granted  to  the  said 
Daniel  Wellman  ? "  which  was  determined  in  the  affirmative  by  an 
unanimous  vote.  The  petition  of  Miranda  Stockwell,  a  prisoner  in  the 
jail  at  Bennington  in  the  County  of  Bennington,  was  called  up  and  the 
question  put  ''Shall  a  pardon  be  granted  to  the  said  Miranda  Stock- 
well  ?"  which  was  determined  in  the  affirmative — Yeas  11,  Nay  1.  The 
petition  of  Selah  Hickox,  for  pardon,  was  taken  up  and  the  question  put 
"  Shall  the  said  Selah  Hickox  be  discharged  from  confinement  ?  "  which 
was  determined  in  the  affirmative  —  Yeas  12,  Nays  0.  The  petition  of 
Roderick  Brown,  for  pardon,  was  taken  up  and  the  question  put  "  Shall 
the  said  Roderick  Brown  be  discharged  from  confinement?"  which  was 
determined  in  the  affirmative,  upon  the  following  condition,  that  the 
said  Roderick  Brown  shall  leave  the  State  of  Vermont  in  ten  days  and 
not  return  within  the  same  again — Yeas  11,  Nays  0,  Mr-  Wetmore  being 
excused  from  voting  upon  said  question.  The  petition  of  Jonas  K. 
Stewart,  for  pardon,  was  called  up  and  the  question. put  "Shall  the  said 
Jonas  K.  Stewart  be  discharged  from  confinement  ?  "  which  was  deter- 
mined in  the  affirmative — Yeas  10,  Nays  1,  Mr-  Wetmore  being  excused 
from  voting  on  this  question.  The  petition  of  John  Barnes,  for  pardon, 
was  taken  up  and  the  question  put  M  Shall  the  said  John  Barnes  be  dis- 
charged from  confinement  ?  "  which  was  determined  in  the  affirmative — 
Yeas  9,  Nays  3  —  upon  condition  that  he  should  leave  the  state  in  ten 
days  and  never  return  within  the  same.  The  petition  of  Burgess  Genio, 
for  pardon,  was  taken  up  and  the  question  put  "  Shall  the  said  Burgess 
Genio  be  discharged  from  confinement  ?  "  which  was  determined  in  the 
affirmative — Yeas  11,  Nays  0.  The  petitions  of  Ebenezer  Barnes,  William 
Fisher,  James  Harvey  and  Allen  Hayward,  for  pardon,  were  severally 
taken  up,  read,  and  on  motion  ordered  to  be  dismissed.  Adjourned  to  9 
Oclock  to  morrow  morning. 


Tuesday  Oct.  24, 1826.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  A  written  mes- 
sage was  recd-  from  the  House  informing  the  Gov.  and  Council  that  they 
had  appointed  the  following  Standing  Committees,  in  which  they  request 
the  Gov.  and  Council  to  join  to  wit — A  committee  of  4  denominated  the 
Conmittee  of  New  trials — A  Committee  of  4  denominated  the  Commit- 
tee of  insolvency — whereupon  resolved  to  concur  in  the  appointment  of 
said  committees  and  Mr  Pierpoiut  is  appointed  on  the  Committee  of 
New  trials— Mr-  Proctor  is  appointed  on  the  Committee  of  insolvency. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  General 
Committee  be  directed  to  enquire  into  the  expediency  of  repealing  the 
law  passed  at  the  last  session  relating  to  dogs,  or  so  to  amend  the  said 
law  as  to  establish  a  uniform  system  of  taxation  upon  dogs,  for  the  ben- 
efit of  common  schools,"  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  resolution.1  The  House  sent  up  the  following  resolution 
for  concurrence  to  wit,  "  Resolved,  the  Gov.  and  Council  concurring 
herein,  That  so  much  of  his  excellency's  communication  as  relates  to  the 
Council  of  Censors  be  referred  to  the  committee  of  Ways  and  Means  ;" 

1  The  act  of  Nov.  12, 1825,  authorized  the  several  towns  to  make  by- 
laws and  regulations  relating  to  dogs. 


Governor  and  Council — October  1826.  223 

whereupon  resolved  lo  concur  with  the  House  in  passing  this  resolution. 
The  House  sent  up  the  following  resolution  for  concurrence,  "  In  Gen- 
eral Assembly  Oct.  23d»  1826.  Resolved,  the  Gov.  and  Council  concur- 
ring herein,  that  both  houses  meet  in  joint  committee  in  the  represent- 
atives' room  on  thursday  next  at  two  Oclock  P.  M.  for  the  purpose  ot 
electing  a  Major  General  of  the  fourth  Division  of  the  militia  of  this 
state,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
resolution.  Ordered  that  the  Sec'?  inform  the  House  of  the  same.  The 
House  sent  up  the  following  resolution  for  concurrence  to  wit,  "  In  Gen- 
eral Assembly  Oct.  23,  1826.  Resolved,  the  Gov.  and  Council  concur- 
ring herein,  that  the  two  houses  meet  in  the  representatives'  room,  at 
the  opening  of  the  House  on  Wednesday  morning  next,  for  the  purpose 
of  electing  a  Brigadier  General  in  the  2d-  Brigade  and  first  Division  of 
the  militia  of  this  state,"  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  resolution.  Ordered  that  the  Sec'y  inform  the  House  of 
the  same.  The  House  sent  up  the  following  resolution  for  concurrence, 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  Judiciary 
Committee  be  instructed  to  enquire  into  the  expediency  of  authorizing 
the  several  County  Courts  to  order  all  necessary  repairs  to  be  made  to 
County  buildings,  and  draw  orders  on  the  County  Treasurer  therefor," 
which  was  read;  whereupon  Resolved  to  concur  in  passing  this  resolu- 
tion. The  House  sent  up  the  following  resolution  for  concurrence  to 
wit,  "  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  Judi- 
ciary Committee  be  instructed  to  enquire  into  the  expediency  of  passing 
a  law  making  it  necessary  that  magistrates,  who  bind  up  or  commit 
offenders  for  crimes,  make  their  returns  thereof  to  the  several  County 
Clerks  as  soon  as  may  be  thereafter,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence — "  An  act  granting 
the  right  of  making  and  selling  lottery  tickets  for  two  years  for  the  ben- 
efit of  common  schools,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  on  education  ;  whereupon  resolved  to 
concur  in  said  order  of  reference.  Also  "An  act  relating  to  the  preser- 
vation and  taking  of  fish"  —  Also  "An  act  in  addition  to  an  act  entitled 
an  act  in  addition  to  an  act  entitled  an  act  constituting  the  Supreme 
Court  of  Judicature  and  County  Courts,  defining  their  powers  and  regu- 
lating Judicial  proceedings"  — Also  "An  act  to  prevent  damage  from  fire 
works,"  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  the  Judiciary  Company  ;  whereupon  resolved  to  concur  in  said  orders 
of  reference. 

The  petitions  of  Anthony  Jeffry,  of  John  Jenness,  of  Elijah  Kazar,  of 
William  Locke,  of  Silas  Plumley,  for  pardon,  were  severally  taken  up, 
read  and  on  motion  ordered  to  be  dismissed.  The  petition  of  William 
H.  Nickols,  for  pardon,  was  taken  up,  read  and  the  question  put  "  Shall 
the  said  William  H.  Nickols  be  discharged  from  confinement  ?"  which 
was  determined  in  the  affirmative — Yeas  12,  Nays  0.  The  petition  of 
Reuben  Rollins,  for  pardon,  was  taken  up  and  the  question  put  "  Shall 
the  said  Reuben  Rollins  be  discharged  from  confinement  ?"  which  was 
determined  in  the  affirmative — Yeas  9,  Nays  3— upon  condition  that  he 
leave  the  state  of  Vermont  in  ten  days  and  does  not  return  within  the 
same.  The  petition  of  Jonas  Robertson,  for  pardon,  was  taken  up  and 
the  question  put  "  Shall  the  said  Jonas  Robertson  be  discharged  from 
confinement  ?"  which  was  determined  in  the  affirmative— Yeas  7,  Nays 
4.  The  petition  of  Henry  L.  Stearns,  for  pardon,  was  called  up  and  the 
question  put  "  Shall  the  said  Henry  L.  Stearns  be  discharged  from  con- 
finement ?"  which  was  determined  in  the  affirmative — Yeas  11 — Nays  1. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 


224  Governor  and  Council — October  1826. 

"Au  act  in  addition  lo  an  act  entitled  an  act  regulating  town  meetings 
and  the  choice  and  duty  of  town  officers,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  General  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  "An  act  in 
addition  to  an  act  entitled  an  act  incorporating  the  Bellows  Falls  manu- 
facturing Company,  passed  Nov.  17,  1825,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  Manufactures  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "An  act 
annexing  certain  persons  therein  named  to  the  first  school  district  in 
Rupert,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  committee  on  the  petition  of  Martin  Gilbert  and  others  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  "An  act  for 
the  relief  of  John  Burnham  Jr-  and  Joseph  Leffingwell,"  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  of 
Ways  and  Means  ;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

The  petitions  of  Lemuel  Scott,  of  Josiah  Sims  Jr.,  of  William  Twom- 
bly,  of  Alexander  Wightman,  for  pardon,  were  severally  taken  up,  read 
and  on  motion  ordered  to  be  dismissed.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bill  for  revision  and  concur- 
rence or  proposals  of  amendment  to  wit,  "An  act  directing  the  Treasurer 
to  pay  Jonathan  Dike  Junior  the  sum  therein  mentioned,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that 
the  Sec'y  inform  the  House  accordingly. 

The  petition  of  Ebenezer  Chamberlin,  for  pardon,  was  called  up  and 
on  motion  of  Mr-  Pierpoint  the  same  was  dismissed.  Adjourned  to  9 
Oclock  to  morrow  morning. 


Wednesday  October  25, 1826.  9  O'clock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "In  General 
Assembly  Oct.  24, 1826.  Resolved,  the  Gov.  and  Council  concurring 
herein,  that  both  houses  -meet  in  the  representatives'  room,  on  thursday 
next  at  two  Oclock  in  the  afternoon,  for  the  purpose  of  electing  a  per- 
son to  preach  the  next  election  sermon  ;  also  to  elect  a  Surveyor  Gen- 
eral for  the  state  of  Vermont,  and  an  auditor  of  accounts  against  the 
state  for  the  year  ensuing,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  resolution  and  the  House  was  informed  of  the 
same.  The  House  sent  up  the  following  resolution  for  concurrence  to 
wit,  "  Resolved,  the  Gov.  and  Council  concurring  herein,  that  his  excel- 
lency the  Gov.  be  requested  to  appoint  Thursday  the  seventh  day  of 
Decr-  next  to  be  observed  as  a  day  of  thanksgiving  throughout  this 
state,"  which  was  read ;  whereupon  resolved  to  concur  in  passing  this 
resolution.  The  House  sent  up  the  following  resolution  for  concurrence 
to  wit,  "Resolved,  the  Gov.  and  Council  concurring  herein,  that  the 
Judiciary  committee  be  instructed  to  enquire  into  the  expediency  of 
passing  a  law  making  it  penal  for  any  person  wantonly  to  put  or  place 
the  carcase  of  any  dead  animal  or  animals  into  any  of  the  waters  in  this 
state,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution.  The  House  sent  up  the  following  for  concurrence  to  wit,  A 
bill  annexing  the  town  of  Newark  in  the  County  of  Caledonia  to  Cale- 
donia Probate  District,  with  an, order  of  the  House  thereon  that  the 
same  be  referred  to  a  committee  of  two  to  join  ;  whereupon  resolved  to 
concur  in  said  order  of  reference  and  Mr-  Fitch  is  appointed  from  Coun- 


Governor  and  Council — October  1826.  225 

cil.  Also  "An  act  to  incorporate  the  Vermont  mutual  fire  insurance 
Company,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  a  Committee  of  four  to  join  ;  whereupon  resolved  to  concur  in  said 
order  of  reference  and  Mr-  Merrill  is  appointed  from  Council.  Also  the 
memorial  of  the  Iroquois  tribe  of  indians,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  select  committee  of  four  to  join  ; 
whereupon  resolved  to  concur  in  said  order  of  reference  and  Mr-  Lang- 
don  is  appointed  from  Council. 

Mr-  Roberts,  having  obtained  leave,  introduced  the  following  resolu- 
tions, "In  Council  Oct.  25, 1826.  Resolved,  in  the  opinion  of  the  Coun- 
cil, that  no  bill  originally  introduced  into  the  House  of  representatives 
can  become  a  law  without  the  concurrence  of  the  Gov.  and  Council.  Re- 
solved, that  any  attempt  of  the  House  of  representatives  to  pass  laws 
without  the  concurrence  of  the  Gov.  and  Council  is  an  infringement 
upon  the  constitutional  powers  and  prerogatives  of  the  Gov.  and  Coun- 
cil. Resolved  that  the  late  act  of  the  House  of  representatives,  in  de- 
claring a  bill  entitled  "An  act  repealing  part  of  an  act  therein  mentioned" 
to  have  become  a  law,  without  the  concurrence  of  the  Gov.  and  Council, 
is  an  assumption  of  power  unprecedented  and  unwarranted  by  the  con- 
stitution," which  were  read  and  laid  upon  the  table. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
An  act  for  the  relief  of  the  town  of  Parkerstown  [Mendon]  —  An  act  to 
incorporate  the  Starksboro  union  library — An  act  relating  to  common 
schools,  with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  Committee  on  education;  whereupon  resolved  to  concur  in  said  orders 
of  reference.  Also  "An  act  to  preserve  pickerel  in  Tickle  naked  pond 
in  Ryegate,"  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  committee  on  the  petition  of  James  Johnson  &c. ;  whereupon 
resolved  to  concur  in  said  order  of  reference.  Also  "An  act  in  addition 
to  the  several  acts  relating  to  jails  and  jailers  and  for  the  relief  of  per- 
sons imprisoned  therein,"  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.  Also  "  An  act  in  addition  to  an  act 
entitled  an  act  incorporating  the  Connecticut  river  Company,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
on  roads  and  canals  ;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

The  Gov.  and  Council  attended  in  the  House  of  representatives  to  the 
election  of  a  Major  General  of  the  fourth  Division,  and  a  Brigadier  Gen- 
eral of  the  2d-  Brigade  and  first  Division  of  the  militia  of  this  State,  after 
which  they  returned  to  their  chamber.1 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  or 
proposals  of  amendment,  to  wit,  "An  act  directing  the  Treasurer  to  pay 
Josiah  Burton  the  sum  therein  mentioned,"  which  was  read  ;  whereupon 
resolved  to  concur  with  the  House  in  passing  this  bill.  Also  "An  act 
laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town  of  Orange," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in  the 
town  of  Maidstone,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  explanatory  of  an  act  entitled  an  act  to 
revive  an  act  laying  a  tax  on  the  town  of  Highgate,  passed  Nov.  8, 1825," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'?  inform  the  House  of  the  concurrence  of  the  Gov. 
and  Council  in  the  passage  of  the  four  bills  last  mentioned. 

1  Ezekiel  P.  Walton  was  elected  Maj.  General,  and  Daniel  Wait  Brig, 
General. 

15 


226  Governor  and  Council — October  1826. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c.  to 
wit,  "An  act  directing  the  Judges  of  the  Supreme  Court  to  adopt  a  uni- 
form system  of  rules  for  the  admission  of  Attorneys  at  law,"  which  was 
read  and  thereupon  amendments  were  proposed  to  the  same  which  were 
read  and  adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill 
with  said  proposals  of  amendment,  and  Mr-  Pierpoint  is  appointed  to 
assign  the  reasons  of  the  Gov.  and  Council  to  the  House.  Adjourned  to 
2  Oclock  P.  M. 

2  Oclock  P.  M. —  The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment.   Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  Oct.  26,  1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  to  wit  —  "  An  act  in  addition  to  an  act 
for  the  support  of  schools  "  —  Also  "  An  act  for  the  relief  of  the  town  of 
Brunswick,"  with  an  order  of  the  House  on  each  that  the  same  be  refer- 
red to  the  committee  on  education  ;  whereupon  resolved  to  concur  in 
said  orders  of  reference.  Also  the  memorial  of  William  Slade  Junior 
and  "An  act  directing  the  Treasurer  to  pay  Stewart  Brown  and  William 
Spencer  the  sum  therein  mentioned,"  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.  Also  the  petition  of 
Alonzo  Selden  and  others,  "An  act  regulating  the  sale  of  personal  prop- 
erty attached  on  mesne  process,"  "An  act  to  suppress  lotteries,"  "An  act 
to  authorize  the  Guardian  of  James  Howe  and  Sarah  Howe  to  sell  and 
convey  the  real  estate  of  his  wards,"  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Judiciary  Committee  ;  whereupon  re- 
solved to  concur  in  said  orders  of  reference.  Also  "An  act  reviving  an 
act  therein  mentioned,"  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.  Also  "An  act  to  revive  an  act  ap-. 
pointing  a  committee  to  lay  out  a  road  therein  mentioned,"  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  on 
roads  and  canals  ;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Minehead "  [Bloomfield,]  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents  on 
each  acre  of  land  in  the  town  of  Kirby,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  establishing  a 
corporation  by  the  name  of  the  Champlain  transportation  Company," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  Sec'y  inform  the  House  of  the  passage  of  [thej  three  bills 
last  mentioned.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  Gov.  and  Council  attended  in  the  House  and  elected  a  per- 
son to  preach  the  next  election  sermon,  a  Surveyor  General  and  an  aud- 
itor of  accounts  against  this  state,  after  which  they  returned  to  their 
chamber.1 

1  The  elections  were  Rev.  Thomas  Goodwillie  preacher,  and  Rev. 
Benj.  B.  Smith  alternate  ;  Calvin  C.  Waller  Surveyor  General,  and  Da- 
vid Pierce  Auditor. 


Governor  and  Council — October  1826.  227 

Mr-  Wetmore  moved  to  reconsider  the  vote  dismissing  the  petition  of 
John  B.  Feemour  [Freeman,]  and  some  discussion  being  had  upon  it,  it 
was  ordered  that  the  further  consideration  of  said  motion  be  postponed 
until  to  morrow  morning. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
"  An  act  to  incorporate  the  President,  Directors  and  Company  of  the 
bank  of  Vergennes,"  which  was  read  and  laid  upon  the  table.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Friday  Oct.  27, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  A  written  mes- 
sage was  received  from  the  House  informing  the  Gov.  and  Council  that 
the  House  of  representatives  have  concurred  in  the  passage  of  the 
bill  entitled  "  An  act  in  addition  to  an  act  relating  to  the  discharge  of 
convicts  in  the  state's  prison,"  also  in  the  amendments  proposed  by  the 
Gov.  and  Council  to  the  bill  entitled  "  An  act  directing  the  Judges  of 
the  Supreme  Court  to  adopt  a  uniform  system  of  rules  for  the  admission 
of  attornies  at  law,"  which  was  read. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit,  "An  act  to  preserve  fish  in  the  waters  of  the  town  of  Starksborough," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the  com- 
mittee on  the  petition  of  Daniel  Warner;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  "An  act  for  the  relief  of  Leonard  Smith," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the  com- 
mittee on  the  petition  of  Gilman  Willard;  whereupon  resolved  to  concur 
in  said  order  of  reference.  Also  "An  act  directing  the  Treasurer  to 
pay  to  pay  to  Joseph  Howes  the  sum  therein  mentioned,"  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.  Also 
"  An  act  for  the  relief  of  Daniel  and  Levi  Goss,"  with  an  order  of  the 
House  that  the  same  be  referred  to  the  committee  of  Ways  and  Means  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "  An  act 
to  empower  the  Strafford  turnpike  Company  to  surrender  their  charter," 
"  An  act  directing  when  a  tender  may  be  made  on  notes  and  other  con- 
tracts payable  in  collateral  articles  which  may  fall  due  on  Sunday,"  "  An 
act  in  addition  to  an  act  entitled  an  act  relating  to  fines,  forfeitures,  pen- 
alties and  costs,"  "  An  act  in  addition  to  an  act  for  the  punishment  of 
certain  inferior  crimes  and  misdemeanors,"  "  An  act  in  addition  to  the 
act  establishing  permanent  salaries  for  certain  officers,  and  for  regulating 
certain  fees  and  taxable  costs,"  "  An  act  in  addition  to  an  act  for  the 
punishment  of  certain  capital  and  other  high  crimes  and  misdemeanors," 
M  An  act  in  addition  to  the  several  acts  constituting  the  Supreme  Court 
and  County  Courts  and  regulating  judicial  proceedings,"  "An  act  to  re- 
peal part  of  an  act  therein  mentioned,"  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Judiciary  Committee;  whereupon 
resolved  to  concur  in  said  orders  of  reference.  Also  "  An  act  to  repeal 
part  of  the  act  which  regulates  the  laying  out  and  clearing  of  highways," 
M  An  act  in  addition  to  an  act  entitled  an  act  regulating  the  office  and 
duty  of  Sheriffs,  high  Bailiffo,  their  respective  deputies,  and  Constables, 
passed  March  6th>  1797,"  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  General  Committee;  whereupon  resolved  to  con- 
cur in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  report  of  the  Commis- 


228  Governor  and  Council — October  1826. 

sioners  for  the  relief  of  the  deaf  and  dumb  with  the  accompanying  docu- 
ments be  referred  to  a  select  committee  of  three  to  join  from  Council 
with  instruction  to  report  what  further,  if  any,  legislative  enactments 
are  necessary  to  carry  into  effect  the  benevolent  objects  of  the  act  for 
the  benefit  of  the  deaf  and  dumb,  passed  Nov.  9,  1825^"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution — and  Mr-  Crafts 
is  appointed  from  Council.  Also  the  following  resolution,  "  Resolved, 
the  Gov.  and  Council  concurring  herein,  that  both  houses  meet  in  Joint 
Committee  in  the  representatives'  room  on  friday  next  at  two  o'clock  in 
the  afternoon  for  the  purpose  of  electing  a  Brigadier  General  in  the  first 
brigade  and  fourth  division  of  the  militia  of  the  state  of  Vermont," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  motion  of  Mr-  Wetmore,  to  reconsider  the  vote  dismissing  the 
petition  of  John  B.  Freeman,  was  called  up  and  determined  in  the 
affirmative,  whereupon  the  question  was  put  "Shall  the  said  John  B. 
Freemour  [or  Freeman]  be  discharged  from  confinement  ?  "  which  was 
determined  in  the  affirmative — Yeas  8,  Nays  5  —  upon  condition  that  he 
leave  the  state  of  Vermont  within  sixty  days  after  his  discharge  and 
does  not  return  within  the  same  again. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c. 
"An  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of 
Victory,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill. 

Resumed  the  consideration  of  the  bill  entitled  "An  act  to  incorporate 
the  President,  Directors  and  Company  of  the  bank  of  Vergennes," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'y  inform  the  House  of  the  passage  of  the  two  bills 
last  mentioned. 

The  House  sent  up  the  following  resolution  for  concurrence  —  "  Oct. 
26,  1826.  Resolved,  the  Gov.  and  Council  concurring  herein,  that 
both  houses  meet  in  the  Representatives'  room  on  friday  at  2  Oclock 
P.  M.  to  elect  a  board  of  commissioners  to  superintend  and  direct  all 
concerns  relating  to  the  education  of  the  deaf  and  dumb  agreeably  to  an 
act  for  the  benefit  of  the  deaf  and  dumb  passed  Nov.  9,  1825,"  which  was 
read  ;   whereupon  resolved  to  concur  in  passing  this  resolution. 

The  petition  of  Elijah  Remington,  a  prisoner  in  the  jail  at  Rutland  in 
the  County  of  Rutland,  was  called  up  and  the  question  put  "  Shall  the 
said  Elijah  Remington  be  discharged  from  confinement  ? "  which  was 
determined  in  the  affirmative — Yeas  10,  Nays  3. 

The  House  sent  up  the  following  resolution  for  concurrence  — "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  Judiciary 
Committee  be  instructed  to  enquire  into  the  expediency  of  allowing  to 
the  Judges  of  the  Supreme  Court  one  third  part  of  the  fees,  hereafter  to 
be  paid,  as  fees  to  the  Judges  of  the  County  Court,  in  civil  causes,  as 
compensation  for  their  extra  services  in  performing  the  duties  of  Chief 
Justices  of  the  County  Court,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  resolution.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  for  revision  and  concurrence  to 
wit,  "An  act  extending  the  time  allowed  by  law  for  completing  the  Strat- 
ton  turnpike  road,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill. 

The  Gov.  and  Council  went  down  to  the  House  and  after  having 
attended  to  the  election  of  a  Brigadier  General  of  the  first  Brigade  in 
the  4th  Division  of  the  Militia  of  this  State,  Commissioners  to  superin- 
tend the  expenditure  of  the  fund  appropriated  for  the  education  of  the 


Governor  and  Council — October  1826.  229 

deaf  and  dumb  and  certain  County  officers,1  they  returned  to  their  cham- 
ber.   Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Oct.  28, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference — "An  act  annexing  a 
part  of  the  town  of  Bolton  to  the  town  of  Waterbury,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  select  committee  of 
two  to  join  ;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Chittenden  is  appointed  from  Council.  Also  "An  act  granting 
further  time  for  making  a  road  in  the  town  of  Hartford,"  "A  bill  to 
revive  an  act  laying  out  a  road  from  Randolph  west  village  to  Hancock," 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
committee  on  roads  and  canals  ;  whereupon  resolved  to  concur  in  said 
orders  of  reference.  Also  "An  act  directing  the  Treasurer  to  pay  Alden 
Farnsworth  the  sum  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  of  claims  ;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  Judiciary 
[Committee]  be  instructed  to  enquire  into  the  expediency  of  reviving  or 
making  alterations  in  the  law  for  the  support  of  common  schools,  and 
report  by  bill  or  otherwise,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  resolution. 

The  petition  of  Isaac  Knight,  a  prisoner  in  the  jail  at  Danville  in  the 
County  of  Caledonia,  for  pardon,  was  called  up,  read,  and  the  question 
put  "  Shall  the  said  Isaac  Knight  be  discharged  from  his  confinement  ?" 
which  was  determined  in  the  affirmative — Yeas  10,  Nays  1.  Adjourned 
to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  resolutions  introduced  by  Mr-  Roberts  on  the  25th  instant  were  called 
up,  read  and  committed  to  a  committee  of  two  to  report  facts  ;  where- 
upon Messrs.  Roberts  and  Pierpoint  were  appointed  said  committee. 
Adjourned  to  Monday  next  9  Oclock  A.  M. 


Monday  Oct.  SO, 1826.  9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  revision  and  concurrence  &c.  "  An  act  alter- 
ing the  name  of  Jane  Ann  Willson,"  which  was  read  and  thereupon 
amendments  were  proposed  to  the  same  which  were  read  and  adopted; 
whereupon  resolved  to  concur  in  passing  this  bill  with  said  proposals  of 
amendment  and  Mr-  Pierpoint  is  appointed  to  assign  reasons  to  the 
House.  Also  "  An  act  altering  the  name  of  Henry  Galusha,"  which  was 
'read  and  thereupon  amendments  were  proposed  to  said  bill  which  were 
read  and  adopted;  whereupon  resolved  to  concur  in  passing  this  bill  with 
said  proposals  of  amendment  and  Mr-  Pierpoint  is  appointed  to  assign 
reasons  to  the  House.  Also  "  An  act  to  preserve  the  fish  in  the  town  of 
Randolph  in  the  County  of  Orange,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  altering  the  name  of 
Clark  Hardy,"  which  was  read;  whereupon  resolved  to  concur  in  pass- 

1  Benj.  Rolfe  was  elected  Brig.  General  ;  and  Horace  Everett,  Chaun- 
cey  Langdon  and  Aaron  Leland  Commissioners  of  the  deaf  and  dumb. 


230  Governor  and  Council — October  1826. 

ing  this  bill.  Also  "An  act  to  incorporate  the  Sand  bar  bridge  Com- 
pany," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Ordered  that  the  Sec'?  inform  the  House  of  the  passage  of  the 
three  bills  last  mentioned. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
An  act  entitled  an  act  to  exempt  Colliers  from  military  duty,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  Military  Com- 
mittee; whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  :  "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  Military  Com- 
mittee be  directed  to  enquire  wheth[er]  any,  and  if  any  [what]  altera- 
tion is  necessary  in  the  tenth  section  of  an  act  entitled  k  An  act  for  reg- 
ulating and  governing  the  militia  of  this  state,'  and  to  report  by  bill  or 
otherwise,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  resolution.  The  House  sent  up  the  following  resolution  for  concur- 
rence— "  Resolved,  the  Gov.  and  Council  concurring  herein,  that  the 
General  Committee  be  instructed  to  enquire  into  the  expediency  of 
passing  a  law  to  prohibit  the  exhibition  of  all  caravans,  circus  riders, 
play  actors,  wax  work  figures,  and  every  other  description  of  shows 
within  this  state,  and  report  by  bill  or  otherwise,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  the  inhabitants  of  Concord  and  the  report  of  the  commit- 
tee thereon,  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  committee  who  reported  it;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  "An  act  authorising  John  S.  Larrabee 
and  Samuel  H.  Holley  to  erect  wharves  and  store  houses  on  Lake  Cham- 
plain  at  or  near  the  place  called  Larrabee's  point  in  Shoreham,"  "  An 
act  to  incorporate  the  ore  bed  turnpike  Company,"  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  committee  on  roads  and 
canals;  whereupon  resolved  to  concur  in  said  orders  of  reference.  Also 
"  An  act  to  guard  the  purity  of  elections  and  prevent  the  improper  use 
of  spirituous  liquors,"  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  the  General  Committee;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  the  petition  of  the  selectmen  of  Essex  and 
others,  of  Roswell  Butler  and  others,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  land  tax  Committee  ;  whereupon  re- 
solved to  concur  in  said  orders  of  reference.  Also  An  act  directing  the 
Treasurer  to  pay  Daniel  W.  Guilford  the  sum  therein  mentioned,  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Commit- 
tee of  Claims;  whereupon  resolved  to  concur  in  said  order  of  reference. 
The  petition  of  Robert  Lowe  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  of  insolvency;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  Also  The  petition  of  Whit- 
field Walker,  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  Judiciary  Committee  ;  whereupon  resolved  to  concur  in  said 
order  of  reference.  Also  "An  act  granting  relief  to  the  town  of  Ryegate 
in  the  County  of  Caledonia,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  a  select  committee  of  four  to  join  ;  whereupon 
resolved  to  concur  in  said  order  of  reference  and  Mr-  Langdon  is  ap- 
pointed from  Council.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  petition  of  Elisha  Boyce  Junior,  a  prisoner  confined  in  the 
common  jail  at  St.  Albans  in  the  County  of  Franklin,  was  called  up  and 
on  motion  the  following  question  was  put  "  Shall  the  said  Elisha  Boyce 
Junior  be  discharged  from  his  said  confinement  upon  condition  that  he 


Governor  and  Council — October  1826.  231 

execute  his  promissory  notes  to  the  Treasurer  of  the  State  of  Vermont, 
for  the  amount  of  the  fine  and  cost  upon  which  he  stands  committed  ?" 
which  was  determined  iu  the  affirmative — Yeas  9,  Nays  2.  The  petition 
of  William  Stockwell,  a  prisoner  confined  in  the  jail  at  Chelsea  in  the 
County  of  Orange,  praying  to  have  a  certain  fine  remitted  and  to  be  dis- 
charged from  confinement,  was  called  up  and  read  ;  whereupon  it  was 
resolved  to  remit  said  fine  and  to  discharge  said  William  Stockwell  from 
his  said  confinement — Yeas  12,  Nays  0. 

The  committee  to  whom  was  committed  the  resolutions  introduced  by 
Mr-  Roberts  on  the  25th  instant,  made  a  report  which  was  read  and  ac- 
cepted and  said  resolutions  were  laid  upon  the  table. 

The  Gov.  and  Council  attended  in  the  House  and  after  having  ap- 
pointed sundry  County  officers  they  returned  to  their  Chamber.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Tuesday  Oct.  31, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence,  "  Resolved,  the  Gov. 
and  Council  concurring  herein,  that  the  military  committee  be  instructed 
to  enquire  whether  any  and  if  any  what  alteration  is  necessary  to  re- 
move any  uncertainties  in  reference  to  the  construction  of  the  thirty- 
fifth  section  of  the  act  for  regulating  and  governing  the  militia  of  this 
state,  and  report  by  bill  or  otherwise,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
The  petition  of  Joseph  Burr  and  others,  "An  act  repealing  a  certain 
part  of  an  act  passed  Nov.  15, 1821,"  "An  act  in  alteration  of  an  act 
establishing  permanent  salaries  for  the  Judges  of  the  Supreme  Court  of 
this  state,"  "An  act  for  the  relief  of  towns  where  their  poor  are  impris- 
oned," with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  Judiciary  Committee  ;  whereupon  resolved  to  concur  in  said  orders 
of  reference.  Also*  "An  act  authorizing  the  library  Society  of  Hines- 
burgh  to  hold  real  and  personal  estate,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  on  education  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "An  act 
relating  to  the  arch  bridge  between  Montpelier  and  Berlin,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
on  roads  and  canals  ;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. Also  The  petition  of  Elisha  Perkins,  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.  Also  "An  act 
repealing  parts  of  acts  thereimmentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  military  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c. 
"An  act  incorporating  the  Grand  Chapter  of  the  State  of  Vermont," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  ceding  to  the  United  States  the  exclusive  jurisdiction 
over  a  site  for  an  Arsenal  at  Vergennes,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  in  addition  to  an 
act  entitled  an  act  incorporating  the  Bellows  Falls  manufacturing  Com- 
pany, passed  Nov.  17, 1825,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "An  act  to  prevent  damage  from  fire 
works,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  restoring  Elijah  Clays  to  his  legal  privileges," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 


232  Governor  and  Council — November  1826. 

Mr-  Langdon  on  motion  and  leave  introduced  the  following  resolutions 
—  "  Resolved,  that  it  is  inexpedient  to  remove  the  sitting  of  the  Circuit 
and  District  Courts  of  the  United  States  from  the  town  of  Rutland  in 
Rutland  County  and  from  Windsor  in  Windsor  County  to  Montpelier  in 
Washington  County.  Resolved,  that  the  Senators  and  representatives 
in  Congress  be  requested  to  use  their  influence  to  prevent  the  passage 
of  any  act  of  Congress  to  remove  the  sessions  of  said  courts  from  the 
aforesaid  towns.  Resolved  that  the  Sec'?  of  the  Gov.  and  Council  be 
directed  to  transmit  certified  copies  of  the  above  resolutions  to  each  of 
the  Senators  and  representatives  in  Congress  from  this  state"  —  which 
were  read  and  laid  on  the  table. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c. 
"An  act  in  addition  to  an  act  constituting  probate  courts  and  defining 
their  powers  and  regulating  the  settlement  of  testate  and  intestate 
estates  and  the  guardianship  of  minors  and  insane  persons,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
directing  the  Treasurer  to  pay  Nathaniel  Balch  the  sum  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  to  revive  an  act  therein  mentioned,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
in  addition  to  an  act  entitled  an  act  in  addition  to  an  act  entitled  an  act 
constituting  the  Supreme  Court  of  Judicature  and  County  Courts,  de- 
fining their  powers  and  regulating  judicial  proceedings,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
repealing  an  act  therein  mentioned,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the 
House  of  the  passage  of  the  ten  bills  last  mentioned.  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  for  concurrence  in  the  refer- 
ence— "An  act  in  addition  to  the  several  acts  for  the  government  of  the 
state  prison,"  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.    Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday  Nov.  1, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bills  for  revision  and  concurrence  &c.  "An  act  appro- 
priating a  sum  of  money  for  the  purchase  of  Surveyors'  instruments," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'r  inform  the  House  of  the  same. 

The  House  sent  up  the  following  resolution  for  concurrence — "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  General  Com- 
mittee be  instructed  to  enquire  whether  any  and  if  any  what  alteration 
should  be  made  in  the  third  section  of  an  act  in  addition  to  an  act  enti- 
tled 'An  act  reducing  into  one  the  several  acts  for  laying  out,  making, 
repairing  and  clearing  highways,  passed  11.  Nov.  1818,'"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  resolution.  The 
House  sent  up  the  following  resolution  for  concurrence — "Resolved,  the 
Gov.  and  Council  concurring  herein,  that  the  Surveyor  of  public  build- 
ings be  instructed  to  finish  the  upper  part  of  the  state  house  into  com- 
mittee rooms  so  that  standing  committees  may  hereafter  be  furnished 
with  a  separate  room,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  resolution. 


Governor  and  Council — November  1826.  233 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
"  An  act  in  addition  to  an  act  entitled  an  act  directing  the  proceedings 
against  the  trustees  of  concealed  or  absconding  debtors,"  "  An  act  to  in- 
corporate the  baptist  Convention  of  the  State  of  Vermont,"  with  an  order 
of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary  Com- 
mittee; whereupon  resolved  to  concur  in  said  orders  of  reference.  Also 
"  An  act  directing  the  Treasurer  to  pay  Heman  Lowry  the  sum  therein 
mentioned,"  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  Committee  of  Claims;  whereupon  resolved  to  concur  in  said 
order  of  reference.  Also  The  petition  of  Phinehas  Parkhurst  and  oth- 
ers, with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Committee  on  roads  and  canals;  whereupon  resolved  to  concur  in  said 
order  of  reference. 

On  motion  of  Mr-  Pierpoint,  voted  to  reconsider  the  vote  dismissing 
the  petition  of  Manna  Case,  and  thereupon  the  question  was  put  "  Shall 
the  said  Manna  Case  be  discharged  from  his  confinement  in  the  state 
prison  upon  condition  that  he  leave  the  state  in  ten  days  after  his  dis- 
charge and  does  uot  return  again  ?"  which  was  determined  in  the  affirm- 
ative— Yeas  13,  Nays  0.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  for  concurrence — "  An  act  in- 
corporating the  Bennington  iron  Company,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  for  revision  and  concurrence — "  An 
act  to  regulate  the  choice  of  a  Council  of  Censors,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  same. 

The  petition  of  Israel  D.  Frost,  for  pardon,  was  called  up  and  on  mo- 
tion of  Mr-  Pierpoint  ordered  to  be  dismissed. 

Resumed  the  consideration  of  the  resolutions  introduced  by  Mr-  Rob- 
erts on  the  twenty-fifth  ultimo  and  the  question  being  put  "  Shall  the 
first  resolution  pass  ?"  it  was  determined  in  the  affirmative — Yeas  12, 
Nays  1.  Those  who  voted  in  the  affirmative  are  His  Honor  the  Lieut. 
Gov.,  Messrs.  Chittenden,  Crafts,  Dana,  Fitch,  Holley,  Langdon,  Mer- 
rill, Pierpoint,  Proctor,  Roberts  and  Wetmore.  In  the  negative  Mr- 
Peck.  On  the  question  "  Shall  the  second  resolution  pass  ?"  it  was  de- 
termined in  the  affirmative.  Yeas  and  Nays  as  on  the  preceding  reso- 
lution. On  the  question  "  Shall  the  third  resolution  pass  ?"  it  was  de- 
termined in  the  affirmative.  Yeas  and  Nays  the  same  as  on  the  preced- 
ing resolution.1     Adjourned  to  9  Oclock  to  morrow  morning. 

*At  the  preceding  session  the  House  had  passed  a  bill  which  the 
Council  suspended  until  the  session  of  1826.  At  the  last  named  session 
the  House  repassed  the  same  bill  and  declared  it  to  be  a  law  without  the 
concurrence  of  the  Governor  and  Council.  The  custom  had  been  to 
send  such  bills  to  the  Council  for  concurrence,  which  had  been  granted 
as  a  matter  of  course — so  the  Council  was  right  in  its  resolutions  on  this 
question.  But  were  the  Council  not  to  concur  in  a  suspended  bill,  nev- 
ertheless, on  its  re-enactment  by  the  House,  it  would  become  a  law;  so 
on  that  point  the  House  was  right.  The  House  had  simply  neglected  a 
courtesy  which  had  been  customary. — See  printed'  Assembly  Journal  for 
1826,  p.  142. 


234  Governor  and  Council — November  1826. 

Thursday  Nov.  2, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bills  for  revision  and  concurrence  &c.  "  An  act  in  addi- 
tion to  an  act  entitled  an  act  to  preserve  the  fish  in  the  waters  of  Pow- 
nal  and  Bennington  in  the  County  of  Bennington,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "  An  act  in  ad- 
dition to  the  several  acts  constituting  the  Supreme  and  County  Courts 
and  regulating  judicial  proceedings, '  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  directing  the  Treas- 
urer to  pay  Edward  Simonds  the  sum  therein  mentioned,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
granting  to  Joseph  M.  Mott  and  Benjamin  Mott  the  exclusive  [privi- 
lege] of  a  ferry,"  which  was  read;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "  An  act  granting  to  William  Mott  the  right  to  keep 
a  ferry,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the 
town  of  Troy,"  which  was  read ;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "  An  act  laying  a  tax  of  four  cents  on  each  acre  of 
land  in  the  town  of  Bristol,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  for  the  relief  of  Gilman  Wil- 
lard,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  reviving  an  act  laying  a  tax  of  two  cents  per  acre  on 
the  town  of  Craftsbury,  passed  Oct.  29, 1822,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  directing 
the  Treasurer  to  pay  Harvey  Scott  the  sum  therein  mentioned,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  ''An 
act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town  of  Chit- 
tenden," which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  altering  the  names  of  William  Norris  and  Susan 
Edson  Norris,"  which  was  read;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "  An  act  to  preserve  fish  in  Warner's  pond  in  Lon- 
donderry," which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  directing  the  Treasurer  to  pay  Elias  Lyman 
Junior  the  sum  therein  mentioned,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  granting  to  Daniel 
Kenyon  the  right  to  keep  a  ferry,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "  An  act  establishing  a  corporation 
by  the  name  of  the  St.  Albans  Steam  boat  Company,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  grant- 
ing a  further  time  to  Weston  for  making  a  road  therein  mentioned," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "  An  act  granting  a  ferry  to  Leonard  Stone,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  for  the 
relief  of  the  town  of  Sommersett,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  the  several 
acts  for  making  and  laying  out  highways,"  which  was  read  ;  and  there- 
upon amendments  were  proposed  to  the  same  which  were  read  and 
adopted;  whereupon  resolved  to  concur  in  passing  this  bill  with  said 
proposals  of  amendment  and  Mr-  Roberts  is  appointed  to  assign  reasons 
to  the  House.  •  Ordered  that  the  Sec'^  inform  the  House  of  the  passage 
of  the  nineteen  bills  last  mentioned. 

The  House  sent  up  the  following  resolution  for  concurrence  —  "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  a  board  of 
commissioners .  be  appointed  by  a  joint  committee  of  both  houses  to 
report  at  the  next  session  of  the  General  Assembly  all  facts  that  may 
come  to  their  knowledge  relative  to  the  present  situation  of  the  com- 
mon schools  in  this  state,  the  manner  in  which  the  money  raised  lor 


Governor  and  Council — November  1826.  235 

their  support  is  appropriated— the  books  which  are  used  in  such  schools 
— to  correspond  with  gentlemen  in  this  and  other  States  upon  the  subject 
and  to  report,  if  any,  what  alteration  in  their  opinion  ought  to  be  made 
in  the  present  system,"  which  was  read  ;  whereupon  resolved  not  to 
concur  with  the  House  in  passing  this  resolution.  Ordered  that  the 
Sec'y  return  said  resolution  to  the  House. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit  — "An  act  in  addition  to  a  school  act1'— "An  act  appointing  the  time 
of  the  session  of  Supreme  and  County  Courts  in  the  several  Counties"— 
"An  act  for  the  relief  of  John  Burnham  Junior  and  Joseph  Leffingwell," 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Ju- 
diciary Committee  ;  whereupon  resolved  to  concur  in  said  orders  of  ref- 
erence. Also  "  An  act  authorising  the  proprietors  of  Bedel's  bridge  to 
erect  a  toll  gate  in  this  state,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  on  roads  and  canals  ;  whereupon 
resolved  to  concur  in  said  order  of  reference.  Also  "An  act. to  repeal 
an  act  therein  mentioned,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  on  education  ;  whereupon  resolved 
to  concur  in  said  order  of  reference.  Also  "An  act  incorporating  the 
Vermont  Salt  manufacturing  Company,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  manufactures  ; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "A  bill 
to  incorporate  the  Pittsford  iron  manufacturing  Company,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
on  manufactures  ;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

The  House  sent  up  the  following  resolution  for  concurrence.  "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  General  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  providing  by  law 
for  the  relief  of  persons  who  have  heretofore  become  bail  for  the  liber- 
ties of  jails  for  debtors  afterwards  liberated  by  acts  of  suspension  or  insol- 
ency  passed  by  this  legislature,  which  acts  have  been  declared  unconsti- 
tutional and  void  by  the  Supreme  Court,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution. 

The  petition  of  William  MacDougal,  praying  to  have  a  certain  fine 
and  cost  remitted,  was  called  up,  read,  and  the  question  put  "  Shall  the 
said  fine  &  cost  be  remitted  and  the  said  William  McDougal  discharged 
from  confinement  ?  "  which  was  determined  in  the  affirmative  upon  the 
condition  that  he  leave  the  state  of  Vermont  in  five  days  after  his  dis- 
charge and  does  not  again  return.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. Mr-  Pierpoint  on  motion  and  leave  introduced  the  following 
resolution  —  "Resolved  that  His  Excellency  the  Governor  be  requested 
to  transmit  to  the  Speaker  of  the  House  of  Representatives  a  certified 
copy  of  the  resolutions  adopted  by  the  Council  on  the  first  instant  re- 
lating to  the  bill  entitled  "An  act  repealing  a  part  of  an  act  therein 
mentioned."  Which  was  read  and  adopted  and  became  a  resolution  of 
the  Council.1 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "  An  act  relating  to  Common  Schools,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "  An  act  annexing  John 
Page  Junior  of  Hartford  to  School  District  No.  five  in  Hartland,"  which 
was  read;  whereupon  resolved  not  to  concur  in  passing  this  bill  and  rea- 
sons for  the  same  were  assigned  in  writing.    Also  "  An  act  annexing 

1  See  printed  Assembly  Journal  of  1826,  pp.  101, 142. 


236  Governor  and  Council — November  1826. 

Martin  Gilbert  to  the  first  School  District  in  Woodstock,"  which  was 
read;  whereupon  resolved  not  to  concur  in  passing  this  bill  and  reasons 
for  the  same  were  assigned  in  writing.  Also  "  An  act  in  addition  to  an 
act  entitled  an  act  in  addition  to  the  several  acts  authorising  the  Su- 
preme Court  to  appoint  Commissioners  of  Jail  delivery,"  which  was 
read,  and  thereupon  amendments  were  proposed  to  the  same  which  were 
read  and  adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill 
with  said  proposals  of  amendment  and  Mr-  Pierpoint  is  appointed  to  as- 
sign reasons  to  the  House.  Also  "  An  act  in  addition  to  the  act  for  the 
punishment  of  certain  inferior  crimes  and  misdemeanors,"  which  was 
read  and  thereupon  amendments  were  proposed  to  the  same  which  were 
read  and  adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill 
with  said  proposals  of  amendment  and  Mr-  Pierpoint  is  appointed  to  as- 
sign reasons  to  the  House. 

The  petition  .of  Lemuel  Scott,  for  pardon,  was  called  up,  read  and  on 
motion  of  M>  Pierpoint  ordered  to  be  dismissed. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence — 
"  An  act  annexing  Elias  Hickock,  Benjamin  Hickock  and  Daniel  Gibbs 
of  Fairhaven  to  the  Mill's  School  District  in  Castleton,"  which  was  read; 
whereupon  resolved  not  to  concur  in  passing  this  bill  and  reasons  for 
nonconcurrence  were  assigned  in  writing.  Adjourned  to  9  Oclock  to 
morrow  moraine:. 


Friday  Nov.  3, 1826.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence  to  wit,  "  Resolved,  the 
Gov.  and  Council  concurring  herein,  that  the  Committee  of  ways  and 
means  be  instructed  to  enquire  into  the  expediency  of  making  some  al- 
teration in  the  amount  of  compensation  now  by  law  allowed  to  the  Su- 
perintendant  of  the  state  prison  ;  and  that  they  have  leave  to  report  by 
bill  or  otherwise,"  which  was  read;  whereupon  resolved  to  concur  in  pass- 
ing this  resolution.  The  House  sent  up  the  following  resolution  for  concur- 
rence, "Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  Gen- 
eral Committee  be  instructed  to  enquire  into  the  expediency  of  making 
provision  for  the  erection  of  two  wings,  one  on  the  east  and  one  on  the 
west  side  of  the  State  House,  for  the  better  accommodation  of  the  Gov. 
and  Council,  and  offices  for  the  Secretaries,  Clerks,  and  library,"  which 
was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolution. 
The  House  sent  up  the  following  resolution  for  concurrence — "Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  Committee  on  roads 
and  canals  be  instructed  to  enquire  whether  any  and  what  alteration  ought 
to  be  made  in  act  reducing  into  one  the  several  acts  for  laying  out,  mak- 
ing, repairing  and  clearing  highways,  and  the  acts  in  addition  thereto;  and 
report  by  bill  or  otherwise,"  which  was  read ;  whereupon  resolved  to  concur 
in  passing  this  resolution.  The  House  sent  up  the  following  resolution 
for  concurrence,  "  Resolved,  the  Gov.  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  instructed  to  enquire  into  the  expedi- 
ency of  repealing  an  act  entitled  '  An  act  to  prevent  usury,'  passed  Nov. 
12,  1822;  and  report  by  bill  or  otherwise,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
— "An  act  appointing  a  Collector  in  the  town  of  Mountholley,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  to  repeal  an  act  therein  mentioned,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.      Also  "An  act  establishing  a 


G-overngr  and  Council — November  1826.  237 

corporation  by  the  name  of  the  Sherburne  turnpike  Company,"  which 
was  read  ;  and  thereupon  amendments  were  proposed  to  the  same 
which  were  read  and  adopted;  whereupon  resolved  to  concur  in  passing 
this  bill  with  said  proposed  amendments  and  Mr-  Pierpoint  is  appointed 
to  assign  reasons  to  the  House.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bill  for  revision  and  concurrence 
&c. — "An  act  to  authorize  the  Guardian  of  James  Howe  and  Sarah 
Howe  to  sell  and  convey  the  real  estate  of  his  wards,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  same.  Adjourned  to  9  Oclock  to  morrow 
morning. 


Saturday  Nov  4, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  —  ''An  act  relating  to 
advertisements,"  uAn  act  in  addition  of  an  act  to  repeal  two  several  acts 
relating  to  advertisements  passed  Nov.  11, 1815,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  General  Committee  ; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  "An  act 
to  incorporate  the  Vermont  Agricultural  Society,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  agricul- 
ture ;  whereupon  resolved  to  concur  in  said  order  of  reference.  Also 
"An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town  of 
Warren,"  and  the  petition  of  Levi  Shaw  and  others,  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  land  tax  Committee; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  Also  the  pe- 
tition of  Thomas  Tollman  and  others  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  committee  on  the  petition  of  Joseph 
Morse  and  others  ;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence. Also  The  memorial  of  Asa  Houghton,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Ways  and  Means; 
whereupon  resolved  to  concur  in  said  order  of  reference.  Also  "An  act 
to  preserve  the  fish  in  Baker's  and  Dean's  pond,"  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. 

A  written  message  was  recd-  from  the  House  of  representatives  in- 
forming the  Gov.  and  Council  that  the  House  had  concurred  in  the 
amendments  proposed  by  the  Gov.  and  Council  to  the  following  entitled 
bills  to  wit,  "An  act  altering  the  name  of  Jane  Ann  Willson  "  and  "An 
act  altering  the  name  of  Henry  Galusha." 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  authorizing  the  literary  society  of  Hinesburgh  to  hold  real 
and  personal  estate,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  directing  the  Treasurer  to  pay  Joseph 
Howes  the  sum  therein  mentioned,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  to  empower  the 
Strafford  turnpike  Company  to  surrender  their  charter,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
laying  a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of  Leming- 
ton,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in 
the  town  of  Albany,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents  on  each 
acre  of  land  in  the  town  of  Newport,"  which  was  read  ;  whereupon  re- 


238  Governor  and  Council — November  1826. 

solved  to  concur  in  passing  ibis  bill.  Also  "An  act  to  preserve  the  fish 
in  the  several  waters  within  the  towns  of  Northfield  and  Roxbury  in 
the  County  of  Washington,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "An  act  authorizing  the  Treasurer  of 
this  State  to  contract  a  temporary  loan  for  the  support  of  government," 
which  was  read ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  for  the  relief  of  the  town  of  Windham,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
authorizing  County  Courts  to  take  charge  of  County  property  and  to 
audit  accounts,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Ordered  that  the  Sec*?  inform  the  House  of  the  con- 
currence of  the  Gov.  and  Council  in  the  passage  of  the  ten  bills  last 
mentioned.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  Gov.  and  Council  appointed  Calvin  J.  Keith  Librarian  and  Joseph 
Howes  Superintendant  of  the  public  buildings  for  the  year  ensuing. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
to  wit— "An  act  in  addition  to  an  act  lor  the  punishment  of  certain  cap- 
ital and  other  high  crimes  and  misdemeanors,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "An  act  restoring 
Calvin  S.  Harris  to  his  legal  privileges,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  in  addition  to  an 
act  entitled  an  act  directing  the  levying  and  serving  executions,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  in  addition  to  an  act  entitled  an  act  defining  the  powers  of  Justices  of 
the  peace  within  this  State,"  which  was  read ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "An  act  extending  the  time  allowed  by  law 
for  rebuilding  the  second  West  river  bridge  in  Dummerston,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
in  addition  to  an  act  to  provide  for  laying  out  a  road  from  Sutton  to 
Barton,  passed  Nov.  3,  1820,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  the  Sec'r  inform  the  House  of 
the  passage  of  the  six  bills  last  mentioned.  Adjourned  to  Monday  next 
9  Oclock  A.  M. 


Monday  Nov.  6,  [1826.]    9  Oclock  A  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit,  "An  act  to  re- 
vive a  tax  on  Parker's  Gore,"  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.  Also  "An  act  repealing  an  act  enti- 
tled an  act  to  revive  and  continue  in  force  certain  sections  of  an  act 
therein  mentioned,  passed  Nov.  12,  1821,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  education  ; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

A  written  message  was  recd-  from  the  House  informing  the  Gov.  and 
Council  that  the  House  of  representatives  had  concurred  in  the  amend- 
ments proposed  by  the  Gov.  and  Council  to  the  following  entitled  bills 
to  wit,  "An  act  in  addition  to  the  several  acts  for  making  and  laying  out 
highways,"  "An  act  in  addition  to  an  act  entitled  an  act  in  addition  to 
the  several  acts  authorizing  the  Supreme  Court  to  appoint  Commission- 
ers of  Jail  delivery,"  and  "An  act  in  addition  to  the  act  for  the  punish- 
ment of  certain  inferior  crimes  and  misdemeanors." 

The  House  sent  up  the  following  bills  for  revision  and  concurrence — 
"An  act  authorizing  John  S.  Larrabee  and  Samuel  H.  Holley  to  erect 


Governor  and  Council — November  1826.  239 

wharves  and  store  houses  on  lake  Champlain  at  or  near  a  place  called 
Rowley's  or  Larrabee's  point  in  Shoreham,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "  An  act  for  the  relief  of 
Henry  Young  and  John  Young,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  the  several 
acts  for  the  management  and  government  of  the  state  prison,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill— ordered  that 
the  Sec'y  inform  the  House  of  the  passage  of  [the]  three  bills  last  men- 
tioned. Also  "An  act  in  addition  to  an  act  entitled  an  act  incorporating 
the  Connecticut  river  Company,"  which  was  read  and  thereupon  amend- 
ments were  proposed  to  the  same,  which  were  read  and  adopted;  where- 
upon resolved  to  concur  in  passing  this  bill  with  said  proposals  of 
amendment  and  Mr-  Wetmore  is  appointed  to  assign  reasons  to  the 
House. 

The  House  sent  up  the  following  bills  for  concurrence  in  the  reference 
— "An  act  laying  duties  on  licences  for  vending  or  selling  lottery  tickets 
within  this  state,"  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  a  select  committee  of  two  to  join;  whereupon  resolved  to  con- 
cur and  Mr-  Crafts  is  appointed  from  the  Council.  Adjourned  to  2 
Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  for  concurrence  in  the  refer- 
ence— "An  act  granting  further  time  for  making  a  road  in  the  town  of 
Hartford,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  committee  on  roads  and  canals;  whereupon  resolved  to  concur  in 
said  order  of  reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c— "An  act  directing  when  tender  may  be  made  on  notes  and  other 
contracts  payable  in  specific  article  or  articles  which  may  fall  due  on 
Sunday,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  authorizing  Whitfield  Walker  administrator  of 
Charles  Baker  to  deed  land,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "An  act  in  addition  to  the  several  acts 
for  laying  out,  making,  repairing  and  clearing  highways,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill — ordered  that 
the  Sec'y  inform  the  House  of  the  passage  of  the  three  bills  last  men- 
tioned. 

Messrs.  Dana  and  Holley  on  motion  obtained  leave  of  absence  from 
and  after,  this  day  for  the  remainder  of  the  session. 

Resumed  the  consideration  of  the  resolutions  introduced  by  Mr-  Lang- 
don  on  the  thirty-first  of  October  last  relating  to  the  removal  of  the  Cir- 
cuit and  District  courts  from  the  towns  of  Rutland  and  Windsor  to 
Montpelier,  and  the  same  being  read  were  severally  adopted — Yeas  7, 
Nays  6.  Those  who  voted  in  the  affirmative  are  Messrs.  Holley,  Lang- 
don,  Merrill,  Pierpoint,  Proctor,  Roberts  and  His  Honor  the  Lieut.  Gov. 
Those  who  voted  in  the  negative  are  Messrs.  Chittenden,  Crafts,  Dana, 
Fitch,  Peck  and  Wetmore. 

The  House  sent  up  the  following  entitled  bill  for  revision  and  concur- 
rence &c. — "  An  act  in  addition  to  an  act  establishing  the  Warren  turn- 
pike Company,"  which  was  read  and  thereupon  amendments  were  pro- 
posed to  the  same  which  were  read  and  adopted;  whereupon  resolved  to 
concur  in  passing  this  bill  with  said  proposals  of  amendment  and  Mr- 
Langdon  is  appointed  to  assign  reasons  to  the  House.  Also  "  An  act 
establishing  a  company  by  the  name  of  the  Ripton  turnpike  Company," 
which  was  read  and  thereupon  amendments  were  proposed  to  said  bill 
which  were  read  and  adopted ;  whereupon  resolved  to  concur  in  passing 


240  Governor  and  Council — November  1826. 

this  bill  with  said  proposals  of  amendment  and  Mr-  Langdon  is  appointed 
to  assign  reasons  to  the  House.  Adjourned  to  9  Oclock  to  morrow 
morning. 


Tuesday  Nov.  7, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bill  for  revision  and  concurrence  &c.  "An  act  to  incor- 
porate the  ore  bed  turnpike  Company,"  which  was  read  and  thereupon 
amendments  were  proposed  to  the  same  which  were  read  and  adopted 
and  Mr-  Langdon  is  appointed  to  assign  reasons  to  the  House  and  the 
Gov.  and  Council  resolved  to  concur  in  the  passage  of  the  bill  with  said 
proposals  of  amendment. 

The  House  sent  up  the  following  resolution  for  concurrence — "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  Judiciary- 
Committee  be  instructed  to  enquire  into  the  expediency  of  providing 
by  law  that  when  real  estate  shall  pass  by  the  decree  of  the  Court  of 
Chancery  the  same  shall  be  recorded  in  the  town  Clerk's  office  where 
such  estate  shall  be  situated,  and  report  by  bill  or  otherwise,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  resolution.  The 
House  sent  up  the  following  resolution  for  concurrence — "  Resolved,  the 
Gov.  and  Council  concurring  herein,  that  both  houses  meet  in  the  rep- 
resentatives' room  on  Wednesday  next  at  two  oclock  P.  M.  to  appoint  a 
Superintendant  of  the  state  prison,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  resolution.  The  House  sent  up  the  fol- 
lowing resolution  for  concurrence — "Resolved,  the  governor  and  Council 
concurring  herein,  that  the  Gen1-  Committee  be  instructed  to  enquire 
into  the  expediency  of  passing  a  law  authorizing  the  Commissioners 
named  in  an  act  relating  to  jails  and  jailers  and  the  relief  of  persons  im- 
prisoned therein,  passed  Nov.  16,  1819,  to  grant  the  like  relief  to  any 
person  imprisoned  in  jail  on  mesne  process,  on  proper  action  of  debt, 
covenant,  contract  or  promise,  to  the  extent  now  granted  to  persons  im- 
prisoned on  execution,  and  report  by  bill  or  otherwise,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  The  House 
sent  up  the  following  resolution  for  concurrence — "  Resolved,  the  Gov. 
and  Council  concurring  herein,  that  the  Judiciary  Committee  be  in- 
structed to  enquire  into  the  expediency  of  providing  by  law  that  judg- 
ments against  two  or  more  joint  debtors,  in  case  of  [the  decease  of]  one 
or  more  of  the  judgment  debtors,  shall  be  good  against  the  estate  of  such 
deceased  debtor,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
"An  act  incorporating  an  academy  in  Townshend,"  "An  act  to  incorpo- 
rate the  college  of  natural  history  of  the  University  of  Vermont,"  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Commit- 
tee on  education;  whereupon  resolved  to  concur  in  said  orders  of  refer- 
ence. Also  "An  act  incorporating  the  Columbian  academy  at  Windsor," 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Committee  on  education;  whereupon  resolved  to  concur  in  said  order  of 
reference.  "An  act  dividing  the  town  of  Dorsett  and  constituting  a  new 
town  by  the  name  of  East  Dorset,"  "An  act  directing  the  Treasurer  to 
pay  the  sum  therein  mentioned,"  "An  act  repealing  an  act  entitled  an 
act  for  the  destruction  of  deer,"  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Judiciary  Committee;  whereupon  resolved 
to  concur  in  said  orders  of  reference.  Also  The  petition  of  the  Vermont 
Colonization  Society,  with  an  order  of  the  House  thereon  that  the  same 
be  referred  to  a  select  committee  of  three  to  join;  whereupon  resolved  to 


Governor  and  Council — November  1826.  241 

concur  in  said  order  of  reference  and  His  Honor  the  Lieut.  Gov.  is  ap- 
pointed from  Council. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
"An  act  in  addition  to  an  act  entitled  an  act  relating  to  fines,  forfeitures, 
penalties  and  costs  and  directing  the  mode  of  taking  recognizances  in  cer- 
tain cases,"  which  was  read  and  thereupon  amendments  were  proposed  to 
said  bill  which  were  read  and  adopted  ;  whereupon  resolved  to  concur 
in  passing  this  bill  with  said  proposals  of  amendment  and  Mr-  Pierpoint 
is  appointed  to  assign  reasons  to  the  House. 

His  Excellency  was  pleased  to  appoint  William  L.  Harrington  Esquire 
of  Burlington  Inspector  General  of  Beef  and  Pork  for  this  State. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit — "An  act  in  addition  to  an  act  for  establishing  permanent  salaries 
for  the  Judges  of  the  Supreme  Court  &c,"  "  An  act  in  alteration  of 
an  act  establishing  salaries  for  the  Judges  of  the  Supreme  Court,"  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  General 
Committee  ;  whereupon  resolved  to  concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Newbury,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  to  discontinue  a  part  of  a  road  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  for  the  relief  of  James  McLeran,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  in 
addition  to  an  act  entitled  an  act  granting  to  Jabez  Penniman  and  his 
associates  the  right  of  erecting  a  toll  bridge  over  Missisque  river  in 
Swanton,  passed  at  the  session  of  the  General  Assembly  in  1810,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  laying  a  tax  [of  three  cents]  on  each  acre  of  land  in  the  town  of 
Stratton,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  '"An  act  to  preserve  the  fish  in  Woodford  pond,"  which 
was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also 
"An  act  for  the  preservation  of  fish  in  Wells  pond,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  re- 
pealing parts  of  an  act  therein  mentioned,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  for  the  relief  of 
Leonard  Smith,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents  on  each  acre 
of  land  in  the  town  of  Lincoln,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "An  act  relating  to  the  arch  bridge 
across  Onion  River  between  Montpelier  and  Berlin,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.1  Also  "An  act  re- 
pealing part  of  an  act  entitled  an  act  reducing  into  one  the  several  acts 
for  laying  out,  making,  repairing  and  clearing  highways,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
laying  a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of  Duxbury," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in  the 
town  of  Middlesex,"  which  was  read,  whereupon  amendments  were  pro- 
posed to  the  same  which  were  read  and  adopted  ;  whereupon  resolved 

1  If  not  the  first,  this  was  one  of  the  first  arch-bridges  erected  in  Ver- 
mont. It  is  now  more  than  half  a  century  old  and  apparently  as  sound 
as  ever. 

16 


242  Governor  and  Council — November  1826. 

to  concur  in  passing  this  bill  with  said  proposals  of  amendment  and  M> 
Peck  is  appointed  to  assign  reasons  to  the  House.  Also  "An  act  to 
prevent  the  putting  the  carcases  of  dead  animals  into  White  river  or  its 
tributary  streams,"  which  was  read  and  thereupon  amendments  were 
proposed  to  the  same  which  were  read  and  adopted;  whereupon  resolved 
to  concur  in  passing  this  bill  with  said  proposals  of  amendment  and  Mr- 
Roberts  is  appointed  from  Council  to  assign  reasons  to  the  House.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Wednesday  Nov.  8,  1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  Recd-  from  the 
House  the  following  for  concurrence  in  the  reference  —  "An  Act  assess- 
ing a  tax  of  five  cents  on  each  acre  of  land  in  the  town  of  Walden," 
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  ref- 
erence. Also  "An  act  repealing  part  of  an  act  therein  mentioned,"  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  commit- 
tee of  ways  and  means  ;  whereupon  resolved  to  concur  in  said  order  of 
reference. 

Mr-  Merrill,  on  motion,  introduced  the  following  resolution,  Resolved, 
the  House  of  Representatives  concurring  herein,  that  the  two  houses  of 
the  legislature  meet  in  joint  committee  this  day  at  two  Oclock  P.  M.  for 
the  purpose  of  choosing  three  directors  of  the  Vermont  State  bank. 
Also  committee  of  one  as  provided  by  law  for  the  inspection  and  exami- 
nation of  the  proceedings  of  the  respective  banks  within  this  state  and 
to  report  the  state  of  the  said  banks  at  the  next  session  of  the  legisla- 
ture— which  was  read  and  passed  and  sent  to  the  House  of  representa- 
tives for  their  concurrence.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  House  set  up  the  following  for  concurrence  in  the  reference  to  wit, 
"  An  act  for  the  relief  of  Manna  Case,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  on  the  petition  of 
Gilman  Willard;  whereupon  resolved  to  concur  in  said  order  of  refer- 
ence. Also  "  An  act  in  addition  to  an  act  entitled  an  act  directing  the 
County  Courts  in  setting  out  the  liberties  of  the  jails  &c."  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  General  Commit- 
tee; whereupon  resolved  to  concur  in  said  order  of  reference. 

A  written  message  was  recd-  from  the  House  of  representatives  inform- 
ing the  Gov.  and  Council  that  the  House  had  concurred  in  the  passage 
of  the  resolution  fixing  a  time  for  the  two  houses  to  meet  in  Joint  Com- 
mittee for  the  purpose  of  electing  three  Directors  of  the  Vermont  state 
bank  and  a  committee  to  inspect  and  examine  the  proceedings  of  the 
several  banks  in  this  state. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
— "  An  act  authorizing  the  proprietors  of  Bedel's  bridge  to  erect  a  toll 
gate  in  this  state,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  ';  An  act  providiug  compensation  for  the  com- 
missioners appointed  to  superintend  the  fund  for  the  deaf  and  dumb," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Also  "An  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in  the  town 
of  Mansfield,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  to  preserve  the  fish  in  the  waters  of  Calais  in 
the  County  of  Washington  and  Woodbury  in  the  County  of  Caledonia," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 


Governor  and  Council — November  1826.  243 

Also  "An  act  directing  the  Treasurer  to  pay  Samuel  W.  Gilford  therein 
mentioned,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  annexing  the  town  of  Newark  in  the  County  of 
Caledonia  to  Caledonia  Probate  District,"  which  was  read ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "  An  act  to  repeal 
part  of  an  act  therein  mentioned,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "  An  act  in  addition  to  an 
act  constituting  Probate  Courts  and  denning  their  powers  and  regulat- 
ing the  settlement  of  testate  and  intestate  estates  and  the  guardianship 
of  minors  and  insane  persons,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  the  Sec'?  inform  the  House  of 
the  passage  of  the  eight  bills  last  mentioned.  Adjourned  to  9  Oclock  to 
morrow  morning. 


Thursday  Nov.  9, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence — "  Resolved,  the  Gov. 
and  Council  concurring  herein,  that  the  Judiciary  Committee  be  in- 
structed to  enquire  into  the  expediency  of  passing  a  law  authorising  any 
Judge  of  the  Supreme  and  County  Courts  to  grant  a  habeas  corpus  to 
any  person  imprisoned  by  virtue  of  execution  issued  by  any  Justice  of  the 
peace  when  the  cause  shall  have  been  certified  to  be  a  wilful  and  mali- 
cious trespass,  giving  such  Judge  power  to  liberate  such  prisoner  .when 
in  his  opinion  such  certificate  was  erroneously  made,"  which  was  read; 
whereupon  Resolved  to  concur  in  passing  this  resolution.  Also  the  fol- 
lowing resolution — "  Resolved,  the  Gov.  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  instructed  to  enquire  into  the  expedi- 
ency of  so  amending  the  act  entitled  '  An  act  for  the  limitation  of  suits 
on  penal  statutes,  criminal  prosecutions  and  suits  at  law '  that  when  any 
person  shall  abscond  or  otherwise  avoid  legal  process,  the  statute  afore- 
said shall  be  suspended  until  the  reappearance  of  the  person  so  abscond- 
ing or  avoiding  process,"  which  was  read;  whereupon  resolved  to  con- 
cur in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
"An  act  in  addition  to  au  act  entitled  an  act  regulating  town  meetings 
and  the  duty  and  choice  of  town  officers,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  "An  act  for 
the  improvement  of  the  breed  of  horses  within  this  state,"  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  a  select  committee  of 
three  to  join  ;  whereupon  resolved  to  concur  in  said  order  of  reference 
and  Mr-  Peck  is  appointed  from  Council. 

A  message  was  recd-  from  the  House  of  representatives  by  Mr-  Bell, 
one  of  its  members,  informing  the  Gov.  and  Council  that  the  Hon.  D. 
Azro  A.  Buck  had  resigned  the  office  of  Speaker  of  the  H.  R.  and  that 
the  Hon.  Robert  B.  Bates  had  been  elected  to  fill  the  vacancy. 

The  petition  of  Israel  Wetherell,  for  pardon,  was  called  up,  read  and 
the  question  put  "  Shall  the  said  Israel  Wetherell  be  discharged  from 
his  confinement  ?  "  which  was  determined  in  the  affirmative  —  Yeas  11, 
Nays  0. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
— "An  act  in  alteration  of  an  act  establishing  salaries  for  the  Judges  of 
the  Supreme  Court  of  this  state,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  bill.     Adjourned  to  2  Oclock  P.  M. 


244  Governor  and  Council — November  1826. 

2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
"An  act  fixing  the  compensation  of  the  Superintendant  of  the  state 
prison  for  the  current  year,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill,  of  which  the  House  was  informed  by  the 
Sec'y-    Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  Nov.  10, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  —  "An  act  in  addition 
to  an  act  entitled  an  act  constituting  the  Supreme  Court  of  Judicature 
and  County  Courts,  defining  their  powers  and  regulating  judicial  pro- 
ceedings," 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. 

A  message  was  received  from  the  House  [of]  Representatives  by  Mr- 
Paddock,  one  of  its  members,  informing  the  Gov.  and  Council  that  the 
House  had  nonconcurred  in  the  amendments  proposed  by  the  Gov.  and 
Council  to  the  bill  entitled  ''An  act  in  addition  to  an  act  entitled  an  act 
incorporating  the  Connecticut  river  Company,"  and  after  assigning 
the  reasons  of  the  House  he  withdrew. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
"An  act  to  incorporate  the  baptist  convention  of  the  state  of  Vermont," 
which  was  read  ;  whereupon  resolved  not  to  concur  in  passing  this  bill ; 
whereupon  Mr-  Merrill  was  appointed  to  assign  the  reasons  of  the  Coun- 
cil for  their  nonconcurrence,  who  reported  the  following,  which  were 
read  and  adopted,  to  wit  —  * 

2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjournment. 
Adjourned  to  9  Oclock  to  morrow. 


Saturday  Nov.  11, 1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  A  message  was 
received  from  the  House  of  Representatives  by  Mr-  Buck,  one  of  its  mem- 
bers, informing  the  Gov.  and  Council  that  the  House  had  concurred  in 
all  the  amendments  proposed  by  the  Gov.  and  Council  to  the  bill  enti- 
tled "An  act  to  prevent  [putting]  the  bodies  or  carcases  of  dead  animals 
into  any  river  or  stream,"  excepting  the  fifth  and  sixth  amendments, 
and  that  the  House  had  resolved  not  to  concur  in  the  said  fifth  and  sixth 
amendments,  and  after  assigning  the  reasons  of  the  House  he  withdrew 
— whereupon  Resolved  to  suspend  the  passing  of  this  bill  until  the  next 
session  of  the  legislature  —  of  which  the  House  of  Representatives  were 
informed  by  written  message. 

The  House  sent  up  the  following  for  concurrence  —  The  memorial  of 
Elias  Hall,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  a  select  committee  of  three  to  join  ;  whereupon  resolved  to  concur  in 
said  order  of  reference  and  Mr-  Crafts  is  appointed  from  Council.  Also 
"An  act  annexing  a  part  of  the  town  of  Bolton  to  the  town  of  Water- 
bury,"  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  select  committee  of  three  to  join  ;  whereupon  resolved  to  concur  in 
said  order  of  reference  and  Mr-  Roberts  is  appointed  from  Council. 

1  The  reasons  were  not  entered  on  the  journal  of  either  house  ;  but 
the  House  was  satisfied  by  them  and  dismissed  the  bill. 


Governor  and  Council — November  1826.  245 

A  written  message  was  recd-  from  the  House  of  representatives  in- 
forming the  Gov.  and  Council  that  the  House  had  concurred  in  the 
amendments  proposed  by  the  Gov.  and  Council  to  the  following  entitled 
bills  to  wit — uAn  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in 
the  town  of  Middlesex,"  "An  act  in  addition  to  an  act  entitled  an  act  re- 
lating to  fines,  forfeitures,  penalties  and  costs,  and  directing  the  mode  of 
taking  recognizances  in  certain  cases." 

The  House  sent  up  the  following  for  revision  and  concurrence  &c. — 
"An  act  making  appropriations  for  the  support  of  government,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  in  addition  to  an  act  entitled  an  act  incorporating  the  Connecticut 
river  Company,"  whereupon  resolved  to  rescind  from  the  amendments 
heretofore  proposed  to  said  bill  and  to  concur  with  the  House  in  passing 
the  bill.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
Mr-  Pierpoint,  on  motion,  introduced  the  following  resolution  to  wit, 
"  Resolved,  that  the  Sec'y  of  the  Governor  and  Council  be  directed  to 
keep  in  his  possession  all  bills  that  have  been  or  may  be  suspended,  and 
hold  the  same  subject  to  the  order  of  the  Council  at  the  next  session, 
and  that  his  Excellency  the  Gov.  be  requested,  whenever  the  passage  of 
any  bill  is  suspended  by  the  Council,  to  notify  the  House  of  representa- 
tives thereof,"  which  was  read  and  passed.  On  motion  of  Mr-  Pierpoint 
a  copy  of  said  resolution  was  ordered  to  be  transmitted  to  the  House  of 
representatives.  * 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  incorporating  the  Vermont  salt  manufacturing  Company,'1 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill.2 
Also  "An  act  assessing  a  tax  for  the  support  of  government,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that 
the  Sec'y  inform  the  House  of  the  passage  of  the  two  bills  last  mentioned. 
Adjourned  to  9  Oclock  Monday  next. 


Monday  Nov.  13, 1826.    9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.     The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit — The  peti- 

*  See  printed  Assembly  Journal  of  1826,  pp.  153  to  155. 

8  The  corporators  in  this  act  were  all  citizens  of  Montpelier,  the  Hon. 
Daniel  Baldwin  heading  the  list.  They  were  induced  to  make  the  ex- 
periment for  the  reason  that  the  geological  indications  at  and  near 
Montpelier  were  similar  to  those  in  Ohio,  Pennsylvania,  and  western 
New  York,  where  salt  water  had  been  reached  by  boring.  The  work 
was  commenced  at  Montpelier  village,  near  the  arch  bridge,  Aug.  8, 
1827,  and  continued  until  Jan.  4, 1830,  when  a  depth  of  eight  hundred 
and  fifty  feet  had  been  reached,  all  the  way  through  solid  rock  of  differ- 
ent sorts,  occasional  interstices  excepted.  At  this  point  the  drill  and 
shaft  became  so  strongly  wedged  that  no  available  power  could  raise 
them,  and  the  work  was  necessarily  abandoned.  No  salt  water  was 
found,  but  there  was  an  abundant  flow  of  fresh  water  from  a  fountain 
about  four  hundred  feet  below  the  surface. — See  D.  P.  Thompson's  His- 
tory of  Montpelier,  pp.  122-126. 


246  Governor  and  Council — November  1826. 

tion  of  Joel  Templeton  and  others,  with  an  order  of  the  House  thereon 
that  the  same  be  recommitted  to  the  land  tax  committee  ;  whereupon 
resolved  to  concur  in  said  order  of  recommitment.  Also  "An  act  re- 
pealing a  part  of  an  act  therein  mentioned,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit  — 
"Nov.  11,  1826.  Resolved,  the  Gov.  and  Council  concurring  herein,  that 
both  Houses  meet  in  Joint  Committee  in  the  representatives'  room,  on 
monday  next  at  two  oclock  in  the  afternoon,  to  receive  further  nomina- 
tions of  County  officers  of  the  several  Counties  and  to  make  the  appoint- 
ment of  such  officers," — which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  resolution  —  ordered  that  Sec'y  return  the  same  to  the 
House.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — the  Gov.  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
"An  act  in  addition  to  an  act  for  the  support  of  schools,"  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  committee  on  ed- 
ucation ;  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
"  An  act  annexing  the  town  of  Concord  in  the  County  of  Essex  to  the 
County  of  Caledonia  and  for  other  purposes,"  which  was  read  and  there- 
upon amendments  were  proposed  to  the  same  which  were  read  and 
adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill  with  said 
proposals  of  amendment  and  Mr.  Pierpoint  is  appointed  to  assign  reasons 
to  the  House.     Adjourned  to  9  Oclock  to  morrow  morning. 


Tuesday  Nov.  14, 1826.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  to  wit  —  "An  act 
to  incorporate  the  Vermont  Mutual  fire  insurance  Company,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  General 
Committee  ;  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, — 
"Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  houses 
meet  in  the  representatives'  room  on  Thursday  next  at  seven  Oclock 
A.  M.  to  adjourn  the  legislature  without  day,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  to 
wit  —  The  petition  of  David  Chadwick  and  others,  of  Daniel  Mead  and 
others,  with  an  order  of  the  House  on  each  that  the  same  be  recommitted 
to  the  land  tax  Committee;  whereupon  resolved  to  concur  in  said  orders 
of  recommitment. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  authorizing  the  several  towns  in  the  County  of  Windham 
to  choose  delegates  for  the  purpose  therein  mentioned,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
repealing  part  of  an  act  entitled  an  act  ascertaining  the  principles  on 
which  the  list  of  this  state  shall  be  made  and  directing  listers  in  their 
office  and  duty,"  which  was  read  ;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "  An  act  incorporating  the  Bennington  iron  Com- 
pany," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also.  "An  act  to  incorporate  certain  persons  herein  mentioned  by 
the  name  of  the  Pittsford  iron  manufacturing  Company,"  which  was  read; 


Governor  and  Council — November  1826.  247 

whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  incor- 
porating Swanton  Canal  Company,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  laying  a  tax  of  three 
cents  on  each  acre  of  land  in  the  town  of  Jerico,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill  —  ordered  that  the 
Sec'y  inform  the  House  of  the  passage  of  the  six  bills  last  mentioned. 
Also  "An  act  to  incorporate  the  Vermont  Agricultural  Society,"  which 
was  read  ;  whereupon  resolved  not  to  concur  in  passing  this  bill  and 
His  Honor  the  Lieut.  Governor  was  appointed  to  assign  reasons  to  the 
House — and  reasons  were  assigned  in  writing.  Also  "An  act  to  provide 
for  publishing  the  public  acts,"  which  was  read  and  thereupon  amend- 
ments were  proposed  to  the  same  which  were  read  and  adopted  ; 
whereupon  resolved  to  concur  in  passing  this  bill  with  said  proposals  of 
amendment  and  Mr-  Merrill  is  appointed  to  assign  reasons  to  the  House. 
The  House  sent  up  for  concurrence  the  following  resolution  relating 
to  the  claim  of  the  Iroquois  indians  to  certain  lands  in  the  State  of  Ver- 
mont, to  wit — "  Resolved,  the  Gov.  and  Council  concurring  herein,  that 
the  Gov.  of  this  State  be  requested  to  notify  the  peti[ti]oners  that  the 
State  of  Vermont  have  often  fully  examined  the  merits  of  their  claim  to 
lands  within  this  State  as  set  forth  in  their  petition,  and  have  now  re- 
examined the  same,  and  are  of  opinion,  if  ever  any  claim  existed  in  their 
ancestors,  it  was  done  away  and  extinguished  by  the  treaty  of  peace  in 
the  year  of  our  Lord  1763  between  the  King  of  Great  Britain  and  France, 
and  also  by  the  treaty  of  peace  in  1783  between  the  United  States  and  Great 
Britain ;  and  that  the  petitioners  at  this  time  have  no  claim  in  law  or  equity 
to  any  of  the  lands  described  in  their  petition,"  which  was  read  and  there- 
upon amendments  were  proposed  to  the  same  which  were  read  and  adopted ; 
whereupon  resolved  to  concur  in  passing  this  resolution  with  said  pro- 
posals of  amendment  and  Mr-  Merrill  is  appointed  to  assign  reasons  to 
the  House.1  The  House  sent  up  the  following  resolutions  for  concur- 
rence to  wit — u  Resolved  by  the  General  Assembly  of  the  State  of  Ver- 
mont, that  the  amendments  to  the  constitution  of  the  United  States, 
proposed  by  the  General  Assembly  of  the  State  of  Tennessee  on  the 
twenty-fifth  day  of  Nov.  A.  D.  1825,  and  forwarded  to  the  Gov.  of  this 
State,  are  not  approved.  Resolved  that  His  Excellency  the  Gov.  be  re- 
quested to  transmit  a  copy  of  the  foregoing  resolution  to  the  executive 
of  each  of  the  United  States,"  which  were  read;  whereupon  resolved  to 
concur  in  passing  these  resolutions.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  petition  of  Joseph  Farryal,  for  pardon,  was  called  up  and  on  motion 
voted  to  reconsider  the  vote  dismissing  said  petition,  whereupon  the 
question  was  put  "  Shall  the  said  Joseph  Farryal  be  discharged  from 
confinement  ?"  which  was  determined  in  the  affirmative — Yeas  7, 
Nays  5. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit, 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  Jedediah  H. 
Harris  of  Strafford  and  Thomas  Emerson  of  Norwich  be  and  hereby  are 
appointed  a  committee  to  attend  at  the  Vermont  State  prison  in  the 
month  of  September  next  to  make  an  appraisal  and  inventory  of  the 
property  belonging  to  said  prison  ;  and  also  to  settle  with  the  Superin- 
tendant  and  investigate  all  the  accounts  of  said  prison,  and  make  report 
to  the  legislature  at  their  next  session,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  resolution. 

1  For  report  of  the  committee  see  printed  Assembly  Journal  of  1826, 
pp.  140-'41;  and  for  the  resolution  adopted  see  Laws  of  Vt.  1826,  p.  30. 


248  Governor  and  Council — November  1826. 

On  motion  of  His  Honor  the  Lieut.  Gov.,  voted  to  reconsider  the  vote 
nonconcurring  the  bill  entitled  "  An  act  to  incorporate  the  Vermont 
Agricultural  Society."  And  on  motion  resolved  to  concur  with  the 
House  in  passing  this  bill.' 

The  petition  of  Lurany  Smalley,  for  pardon,  was  called  up,  and  on  mo- 
tion voted  to  reconsider  the  vote  dismissing  said  petition,  and  the  ques- 
tion was  put  "  Shall  the  said  Lurany  Smalley  be  discharged  from  confine- 
ment ?"  which  was  determined  in  the  affirmative — Yeas  8,  Nays  4.  Ad- 
journed to  9  Oclock  to  morrow. 


Wednesday  Nov.  15,  1826.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bills  for  revision  and  concurrence  &c.  to  wit—"  An  act 
to  repeal  a  part  of  an  act  therein  mentioned,"  which  was  read  and  there- 
upon amendments  were  proposed  to  the  same  which  were  read  and 
adopted;  whereupon  resolved  to  concur  in  passing  this  bill  with  said 
proposals  of  amendment  and  Mr-  Merrill  is  appointed  to  assign  reasons 
to  the  House.  Also  "An  act  for  the  relief  of  Mount  tabor  turnpike  com- 
pany," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also.  "An  act  granting  further  time  for  making  a  road  "in  the  town 
of  Hartford,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  authorizing  the  Treasurer  to  pay  Alden  Farns- 
worth  the  sum  therein  mentioned,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Also  "An  act  in  addition  to  an  act 
entitled  an  act  regulating  and  governing  the  militia  of  this  state,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  incorporating  the  Columbian  Academy  at  Windsor,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act  to 
preserve  fish  in  the  waters  of  Johnston's  pond  and  Burroughs'  pond  in 
the  town  of  Newbury,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "An  act  to  preserve  pickerel  in  Tickle  naked 
pond  in  Ryegate,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "An  act  laying  a  tax  of  two  cents  on  each  acre  of 
land  in  the  town  of  Westmore,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  for  the  relief  of  the  Jamaica 
turnpike  Company,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  Also  "  An  act  to  preserve  fish  in  Baker's  and  Dean's 
pond,"  which  was  read ;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  to  preserve  fish  in  Hall's  pond  and  Harriman's  pond 
in  Newbury,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  to  preserve  fish  in  Greensboro  pond,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An 
act  authorizing  Calvin  Perry  to  erect  a  wharf  in  Lake  Champlain  in 
Swanton,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Ordered  that  the  Sec'^  inform  the  House  of  the  passage  of  the 
thirteen  bills  last  mentioned. 

The  House  sent  up  the  following  resolutions  for  concurrence  to  wit — 
"Resolved,  the  Gov.  and  Council  concurring  herein,  that  the  Senators 
and  representatives  in  Congress  from  this  State  be  requested  to  use 
their  influence  in  the  national  legislature  to  procure  the  passing  of  such 
laws  as  will  afford  efficient  aid  to  the  American  Colonization  Society  in 
carrying  on  their  great  work  of  colonizing  the  western  coast  of  Africa, 
with  their  own  consent,  with  the  free  people  of  color  of  the  United 
States.  Resolved  that  His  Excellency  the  Gov.  be  requested  to  trans- 
mit to  each  of  the  Senators  and  representatives  in  Congress  from  this 


Governor  and  Council — November  1826.  249 

state  a  copy  of  these  resolutions,"  which  were  read;  whereupon  resolved 
to  concur  in  passing  these  resolutions. x 

The  petition  of  Nathan  Scranton,  for  pardon,  was  called  up,  read  and 
the  question  put  "  Shall  a  pardon  be  granted  to  the  said  Nathan  Scran- 
ton?" which  was  determined  in  the  affirmative — Yeas  10,  Nays  2.  Those 
who  voted  in  the  affirmative  are  Messrs.  Chittenden,  Crafts,  Dana,  Fitch, 
Langdon,  Merrill,  Peck,  Pierpoint,  Proctor  and  Wetmore.  Those  who 
voted  in  the  negative  are  the  Lieut.  Governor  and  Mr-  Koberts.  Ad- 
journed to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
"An  act  in  addition  to  an  act  for  the  support  of  schools,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
laying  duties  on  licences  for  vending  or  selling  lottery  tickets  within 
this  State,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "An  act  granting  relief  to  the  town  of  Ryegate  in  the 
[County  of]  Caledonia,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Ordered  that  the  Sec'?  inform  the  House  of  the 
passage  of  the  three  bills  last  mentioned.  Also  "An  act  in  addition  to 
an  act  entitled  an  act  constituting  the  Supreme  Court  of  Judicature  and 
County  Courts,  defining  their  powers  and  regulating  judicial  proceed- 
ings," which  was  read  ;  whereupon  amendments  were  proposed  to  the 
same  which  were  read  and  adopted  and  thereupon  resolved  to  concur  in 
passing  this  bill  with  said  proposals  of  amendment  and  Mr-  Merrill  is 
appointed  to  assign  reasons  to  the  House. 

The  petition  of  Manna  Case,  praying  for  a  pardon,  was  called  up,  read 
and  the  question  put  "  Shall  a  pardon  be  granted  to  the  said  Manna 
Case  ?  "  which  was  determined  in  the  negative — Yeas  4,  Nays  8.  Those 
who  voted  in  the  affirmative  are  Messrs.  Fitch,  Merrill,  Pierpoint  and 
Wetmore.  Those  who  voted  in  the  negative  are  His  Honor  the  Lieut. 
Gov.,  Messrs.  Chittenden,  Crafts,  Dana,  Langdon,  Peck,  Proctor  and 
Roberts. 

The  petition  of  William  Twambly  for  pardon  was  called  up  and  on 
motion  ordered  that  the  same  be  dismissed.  Adjourned  to  half  past  six 
Oclock  this  evening. 

Half  past  six  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant 
to  adjournment. 

Mr-  Wetmore,  on  motion,  introduced  the  following  resolution  to  wit — 
Resolved,  the  General  Assembly  concurring  herein,  that  the  Gov.  and 
Council  may  appoint  some  person,  learned  in  the  law,  whose  duty  it 
shall  be  to  examine  into  the  validity  of  the  several  grants  of  lotteries  in 

'Oct.  19  1826,  Benjamin  Ormsby  of  Brookline  proposed  to  the  General 
Assembly  a  resolution  instructing  the  Vermont  delegation  in  Congress 
to  favor  the  abolition  of  slavery  in  the  District  of  Columbia.  This  reso- 
lution was  referred  to  a  committee,  reported  adversely,  and  rejected. — 
See  printed  Assembly  Journal  of  1826,  pp.  37, 138-9.  The  action  on  the 
two  resolutions  indicates  that  the  general  sentiment  in  Vermont  was 
adverse  to  any  action  against  slavery,  except  through  the  voluntary  con- 
sent of  masters  to  free  their  slaves  for  the  purposes  of  colonization. 
Both  the  American  and  Vermont  Colonization  Societies  received  favor 
in  Vermont  because  of  the  expected  effect  of  them  in  inducing  the  eman- 
cipation of  slaves  as  well  as  the  civilizing  and  christianizing  Africa. 


250  Governor  and  Council — November  1826. 

this  state  and  the  legality  of  the  proceedings  under  them,  and  whether 
the  objects  of  said  grants  have  been  answered  ;  and  to  adopt  such  pro- 
ceedings in  law  or  chancery  as  he  may  deem  proper  to  prevent  any 
further  proceedings  under  said  grants,"  which  was  read  and  passed  and 
ordered  to  be  sent  to  the  House  of  Representatives  for  their  concurrence. 

A  message  was  received  from  the  House  of  representatives  by  Mr- 
Bell,  one  of  its  members,  informing  the  Gov.  and  Council  that  the 
House  had  not  concurred  in  the  amendments  proposed  by  the  Gov.  and 
Council  to  the  bill  entitled  "An  act  in  addition  to  an  act  entitled  an  act 
constituting  the  Supreme  Court  of  Judicature  and  County  Courts,  defin- 
ing their  powers  and  regulating  judicial  proceedings,"  and  after  assign- 
ing the  reasons  of  the  house  he  withdrew  —  whereupon  the  Gov.  and 
Council  resolved  to  suspend  the  passing  of  said  bill  until  the  next  session 
of  the  legislature  and  the  House  was  informed  by  written  message. 

The  House  sent  up  the  following  bills  for  concurrence  &c. — "An  act 
repealing  the  second  section  of  an  act  entitled  an  act  to  provide  for  the 
reporting  the  decisions  of  the  Supreme  Court  of  Judicature,  passed  Oct. 
28,  1823,  and  also  an  act  making  further  provisions  for  reporting  the  de- 
cisions of  the  Supreme  Court,  passed  Nov.  16,  1825,"  which  was  read; 
whereupon  resolved  not  to  concur  in  passing  this  bill  and  reasons  for 
nonconcurrence  were  assigned  in  writing  by  Mr-  Merrill. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  in  addition  to  an  act  entitled  an  act  for  the  support  of 
schools,"  which  was  read;  whereupon  resolved  to  concur  in  passing  this 
bill.  Also  "An  act  to  incorporate  the  College  of  natural  history  of  the 
University  of  Vermont,"  which  was  read;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "  An  act  supplementary  to  an  act  entitled  an 
act  in  addition  to  an  act  constituting  the  Supreme  Court  of  Judicature 
and  County  Courts,  defining  their  powers  and  regulating  judicial  pro- 
ceedings, passed  Nov.  11,  1814,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "An  act  establishing  and  incorporat- 
ing an  academy  at  Townshend,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "An  act  laying  a  tax  of  four  cents 
on  each  acre  of  land  in  the  town  of  Worcester,"  which  was  read:  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "  An  act  laying  a  tax 
of  three  and  a  half  cents  on  each  acre  of  land  in  the  town  of  Navy  now 
Charleston,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  Also  "  An  act  to  preserve  the  fish  in  the  several  waters  in 
Starksboro  in  the  County  of  Addison,"  which  was  read;  whereupon  re- 
solved to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  inform  the 
House  of  the  passage  of  the  seven  bills  last  meutioned. 

The  House  sent  up  the  following  for  revision  and  concurrence  to  wit, 
"An  act  directing  the  Treasurer  to  pay  Tappan  Stevens  the  sum  therein 
mentioned,"  which  was  read  ;  whereupon  resolved  not  to  concur  in 
passing  this  bill,  and  the  reasons  of  the  Council  for  nonconcurrence  were 
assigned  in  writing  by  Mr-  Pierpoint. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  our  Senators 
in  Congress  be  instructed  and  our  Representatives  requested  to  use  their 
influence  in  procuring  the  passage  of  a  resolution,  introduced  by  Mr- 
Dickerson  of  New  Jersey,  appropriating  from  the  United  States  treas- 
ury the  sum  of  five  millions  of  dollars  annually  among  the  several  states 
in  proportion  to  their  population,  for  the  purposes  of  education  and  inter- 
nal improvement,"  which  was  read ;  whereupon  resolved  to  concur  in 
passing  this  resolution. 

A  message  was  received  from  the  House  of  representatives  by  Mr- 
Hall,  one  of  its  members,  informing  the  Gov.  and  Council  that  the 


Governor  and  Council — November  1826.  251 

House  had  repassed  the  bill  entitled  "An  act  directing  the  Treasurer  to 
pay  Tappan  Stevens  the  sum  therein  mentioned,"  and  after  assigning 
the  reasons  of  the  House  he  withdrew.  Thereupon  an  amendment  was 
proposed  to  said  bill  which  was  read  and  adopted  ;  whereupon  resolved 
to  concur  with  the  House  in  passing  this  bill  with  said  proposals  of 
amendment,  and  Mr-  Pierpoint  was  appointed  to  assign  the  reasons  of 
the  Council. 

A  message  was  received  from  the  House  of  representatives  by  Mr- 
Buck,  one  of  its  members,  informing  the  Gov.  and  Council  that  the 
House  had  nonconcurred  in  the  amendment  proposed  by  the  Council  to 
the  bill  entitled  "  An  act  directing  the  Treasurer  to  pay  Tappan  Stevens 
the  sumthereiu  mentioned,"  and  after  assigning  the  reasons  of  the  House 
he  withdrew.  Whereupon  Resolved  to  suspend  the  passage  of  this  bill 
until  the  next  session  of  the  legislature,  of  which  the  House  of  repre- 
sentatives was  informed  by  written  message. 

A  written  message  was  received  from  the  House  of  representatives, 
enclosing  a  copy  of  the  following  resolutions—"  Resolved  that  the  House 
of  representatives  do  possess  the  constitutional  power  to  pass  a  bill  into 
a  law  without  the  concurrence  of  the  Gov.  and  Council  which  has  origi- 
nated in  the  House  and  has  been  suspended  by  the  Gov.  and  Council. 
Resolved,  that  declaring  the  bill,  entitled  "An  act  repealing  part  of  an 
act  therein  mentioned,"  to  have  become  a  law  without  the  concurrence 
of  the  Gov.  and  Council,  is  warranted  by  the  constitution." 

A  written  messoge  was  received  from  the  House  informing  the  Gov.  and 
Council  that  the  House  had  concurred  in  the  amendments  proposed  by 
the  Gov.  and  Council  to  the  following  bills  to  wit,  "  An  act  to  repeal  a 
part  of  an  act  therein  mentioned,"  "An  act  annexing  the  town  of  Con- 
cord in  the  County  of  Essex  to  the  County  of  Caledonia,"  "An  act  to 
provide  for  the  publishing  of  the  public  acts." 

The  House  sent  up  the  following  for  revision  and  concurrence  &c.  to 
wit,  "An  act  laying  a  tax  of  five  cents  on  each  acre  of  land  in  the  town 
of  Walden,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.     Adjourned  to  7  Oclock  to  morrow  morning. 


Thursday  JSTov.  16,  1826.  7  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  A  message  was 
received  from  the  House  by  Mr-  Lyman,  one  of  its  members,  informing 
the  Gov.  and  Council  that  the  House  had  completed  the  business  of  the 
session  and  was  now  ready  to  adjourn  without  day,  and  he  withdrew. 
Ordered  that  the  Sec'r  inform  the  House  that  the  Gov.  and  Council  will 
immediately  attend  in  the  representatives'  room  to  adjourn  the  General 
Assembly  without  day.  The  Gov.  and  Council  attended  in  the  repre- 
sentatives' room,  and  after  an  address  to  the  throne  of  grace  by  the 
Chaplain,  the  General  Assembly  was  adjourned  without  day.  The  Gov. 
and  Council  returned  to  their  chamber  and  adjourned  without  day. 

State  of  Vermont,  ss. — The  foregoing  from  page  306  to  page  414 
both  inclusive  [of  manuscript  Council  Journal  marked  Vol.  10,]  is  a  true 
Journal  of  the  proceedings  of  the  Gov.  and  Council  at  their  annual  ses- 
sion in  the  [year]  1826. 

D.  Kellogg,  £ecV- 


252 


Governor  and  Council — November  1826. 


Debenture  of  the  Lieut.  Gov. 
and  Council,  1826. 

No. 
Miles 
Travel. 

Ain't 

of 

Travel. 

No. 

days 

Att'nce. 

Am't. 

of 

Att'nce. 

Debenture. 

Mr-  Dana  of  O. 

22 

2.64 

2 

3.00 

5.64 

"     Holley 

60 

7.20 

28 

42.00 

49.20 

Lieut.  Gov.  Leland 

80 

9.60 

36 

144.00 

153.60 

Mr-  Chittenden 

30 

3.60 

36 

54  00 

57.60 

"     Crafts 

40 

4.80* 

31 

46.50 

51.30 

"     Dana  of  C. 

30 

3.60 

36 

54.00 

57.60 

"    Fitch 

42 

5.04 

34 

51.00 

56.04 

"     Langdon 

80 

9.60 

36 

54.00 

63.60 

"     Merrill 

130 

15.60 

36 

54.00 

69.60 

"    Peck 

12 

1.44 

35 

52.50 

53.94 

"    Pierpoint 

60 

7.20 

36 

54.00 

61.20 

"     Proctor 

72 

8.64 

36 

54.00 

62.64 

"     Eoberts 

130 

15.60 

36 

54.00 

69.60 

"    Wetraore 

60 

7.20 

36 

54.00 

61.20 

Sheriff  Keith 

1 

12 

36 

54.00 

54.12 

Deputy  Peck 

12 

1.44 

36 

54.00 

55.44 

Librarian 

1 

12 

36 

54.00 

54.12 

$1036.44 

The  above  was  received  of  the  Treasurer  by  the  Sheriff  of  "Washington 
County  and  by  him  paid  out  to  the  members  of  the  Council  &c. 


FIFTY- FIRST  COUNCIL 

OCTOBER  1827  TO  OCTOBER  1828. 


Ezra  Butler,  Waterbury,  Governor. 
Henry  Olin,  Leicester,  Lieut.  Governor.1 

Councillors: 


Samuel  C.  Crafts,  Craftsbury, 
Chauncey  Langdon,  Castleton, 
Seth  Wetmore,  St.  Albans, 
Samuel  H.  Holley,  Middlebury, 
John  Koberts,  Whitingham, 
Orsamus  C.  Merrill,  Benn'gton, 


Kobert  Pierpoint,  Rutland, 
Lyman  Fitch,  Thetford, 
John  C.  Thompson,  Burlington, 
Geo.  Worthington,  Montpelier, 
Benjamin  F.  Deming,  Danville, 
David  Hopkinson,  Jr.,  Guildhall. 

Daniel  Kellogg,  Rockingham,  Secretary. 
Rawsel  R.  Keith,  Montpelier,  Sheriff. 
Calvin  J.  Keith,  Montpelier,  Librarian. 


BIOGRAPHICAL  NOTICES. 

John  C.  Thompson  first  appears  in  the  Vermont  records  as  an 
attorney  at  Hartland  in  1819,  shortly  after  which  he  removed  to  Burling- 
ton. He  was  Councillor  1827  until  1831,  and  Judge  of  the  Supreme 
Court  in  1830. —  Walton's  Vermont  Register. 

George  Worthington  came  from  Connecticut  to  Montpelier  when 
a  young  man,  and  entering  into  business  as  a  hatter  married  Clarissa 
Davis,  the  youngest  daughter  of  Col.  Jacob  Davis,  .and  the  first  person 
born  in  Montpelier.  He  represented  Montpelier  in  the  General  Assem- 
bly in  1819,  was  Sheriff  of  Washington  County  in  1814,  Judge  of  Probate 
in  1840,  and  Councillor  1827  until  1835.  A  man  highly  esteemed  for  his 
integrity,  he  was  largely  employed  as  an  administrator  in  the  settlement 
of  estates  in  Washington  County.  He  removed  to  Irasburgh  about  1858, 
and  died  there  shortly  afterward. 

1  For  notice  of  Lieut.  Gov.  Olin  see  Vol.  vi.  p.  287. 


254  Governor  and  Council — October  1827. 

Benjamin  F.  Deming  was  Clerk  of  Caledonia  County  Courts  1817 
until  1833,  Judge  of  Probate  1821  until  1833,  Councillor  in  1827  and  until 
1833,  and  Member  of  Congress  1833  until  his  death  at  Saratoga  Springs, 
July  11, 1834,  aged  44.— Demiug's  Catalogue;  and  Vt.  Historical  Maga- 
zine, Vol.  i.  p.  320. 

David  Hopkinson  Jr.  was  probably  a  native  of  Guildhall,  and  son 
of  the  Hon.  David  Hopkinson.  He  represented  Guildhall  in  1829,  was 
Judge  of  the  County  Court  1826  and  1829,  and  Councillor  1827,  and 
died  suddenly  in  November  1837. — Deming's  Catalogue;  and  Vt.  Histor- 
ical Magazine,  Vol.  i,  title  Guildhall. 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   WITH  THE   GENERAL   ASSEMBLY  AT  MONTPE- 
LIER,  OCTOBER  1827. 


State  of  Vermont  ss.— A  Journal  of  the  proceedings  of  the  Gov- 
ernor and  Council  of  the  State  of  Vermont  at  their  session  begun  and 
held  at  Montpelier  in  said  State  on  the  second  thursday  of  October  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty  seven — 
Present  His  Excellency  Ezra  Butler,  Governor.  The  Hons.  Seth  Wet- 
more,  John  Roberts,  Orsamus  C.  Merrill,  Truman  Chittenden,  Samuel 
H.  Holley,  Israel  P.  Dana,  Chauncey  Langdon,  Jabez  Proctor,  Lyman 
Fitch  &  Robert  Pierpoint  Councillors.  A  message  was" received  from 
the  House  of  Representatives  by  Mr-  Kellogg,  one  of  its  members,  in- 
forming the  Gov.  and  Council  that  the  House  had  organized  by  electing 
Robert  B.  Bates  Speaker  pro  tem.  and  Timothy  Merrill  Clerk  pro  tem. 
Ordered  that  the  Sec'y  inform  the  House  that  the  Gov.  and  a  quorum  of 
the  Council  are  assembled  in  the  Council  chamber  and  are  ready  to 
proceed  to  business. 

A  message  was  received  from  the  House  by  Mr-  Ransom,  one  of  its 
members,  informing  that  the  House  had  on  their  part  appointed  a  com- 
mittee to  receive,  sort  and  count  the  votes  for  Gov.,  Lieut.  Gov.,  Treas- 
urer and  Councillors,  and  requested  the  Gov.  and  Council  to  join  in  said 
appointment,  and  he  withdrew.  Whereupon  the  Gov.  and  Council 
proceeded  to  appoint  a  committee  to  join  such  committee  on  the  part  of 
the  House,  and  Messrs.  Wetmore,  Merrill  and  Roberts  were  appointed 
and  sworn.  Ordered  that  the  Sec'?  inform  the  House  of  Representatives 
that  the  Gov.  and  Council  have  on  their  part  appointed  a  committee 
to  receive,  sort  and  count  the  votes  for  Gov.,  Lieut.  Gov.,  Treasurer 
and  Councillors  for  the  ensuing  year.     Adjourned  to  4  Oclock  P.  M.1 

i  The  election  sermon  was  preached  by  Rev.  Thomas  Goodwillie. 


Governor  and  Council — October  1827.  255 

4  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. A  message  was  received  from  the  House  of  Representatives  by 
Mr-  Palmer,  one  of  its  members,  informing  that  the  House  are  assem- 
bled and  that  they  are  ready  to  receive  the  report  of  the  canvassing 
committee.  Ordered  that  the  Sec'y  inform  the  House  that  the  Gov.  and 
Council  will  immediately  attend  in  the  Representatives'  room  to  receive 
the  report  of  the  canvassing  committee.  The  Gov.  and  Council  at- 
tended in  the  Representatives'  room  when  the  following  report  was 
made  to  wit —  • 

"  To  the  Hon.  General  Assembly  now  sitting.  —  The  committee 
appointed  to  receive,  sort  and  count  the  votes  for  Gov.,  Lieut.  Gov., 
Treasurer  and  Councillors,  Report,  that  His  Excellency  Ezra  Butler  is 
elected  Governor,  the  Hon.  Henry  Olin  is  elected  Lieut.  Governor, 
Benjamin  Swan  Esquire  is  elected  Treasurer.  The  Hon.  Orsamus  C. 
Merrill,  John  Roberts,  Chauncey  Langdon,  Robert  Pierpoint,  Samuel 
H.  Holley,  Lyman  Fitch,  John  C.  Thompson,  George  Worthington, 
Benjamin  F.  Deming,  Seth  Wetmore,  Samuel  C.  Crafts  and  David  Hop- 
kinson  Jr.  are  elected  Councillors  for  the  year  ensuing. 

Seth  Wetmore  for  Committee? 

Montpelier,  Oct.  11, 1827." 

Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  October  12, 1827.     9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  Governor 
retired  and  the  Hon.  Mr-  Wetmore  was  called  to  the  chair.  A  message 
was  received  from  the  House  by  Mr-  Pettibone,  one  of  its  members, 
informing  that  the  House  had  elected  Robert  B.  Bates  Speaker,  Norman 
Williams  Sec'?  of  State,  Timothy  Merrill  Clerk  and  Oramel  H.  Smith 
engrossing  Clerk. 

The  Hon.  Samuel  Prentiss,  one  of  the  Justices  of  the  Supreme  Court, 
appeared  in  the  Council  chamber  and  administered  the  oath  of  office  to 
the  following  named  Councillors  to  wit,  Chauncey  Langdon,  Orsamus 
C.  Merrill,  John  Roberts,  Robert  Pierpoint,  Samuel  H.  Holley,  Lyman 
Fitch,  George  Worthington,  Benjamin  F.  Deming  and  Seth  Wetmore. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  houses 
meet  in  the  Representatives'  room,  at  two  Oclock  this  afternoon,  for  the 
purpose  of  electing  a  chaplain  of  the  General  Assembly  for  the  year 
ensuing,"  which  was  read;  whereupon  resolved  to  concur  with  the 
House  in  passing  this  resolution.  Ordered  that  the  Sec?  inform  the 
House  of  the  same. 

His  Excellency  the  Gov.  and  the  Hon.  Council  attended  in  the  repre- 
sentatives' room,  where  the  oaths  of  office  were  administered  to  His 
Excellency  by  the  Hon.  Samuel  Prentiss,  one  of  the  Justices  of  the 
Supreme  Court,  in  the  presence  of  the  General  Assembly,  after  which 
His  Excellency  made  the  following  communication  to  the  two  houses  to 
wit  — a 

1  The  votes  for  governor  were  13,699  for  Ezra  Butler,  and  1951  for  Joel 
Doolittle. 
8  See  Appendix  A. 


256  Governor  and  Council — October  1827. 

The  two  houses  then  proceeded  to  the  election  of  a  chaplain  to  the 
General  Assembly,  after  which  the  Governor  and  Council  returned  to 
their  chamber.8 

A  great  number  of  petitions  from  convicts  in  the  state  prison  were 
presented  and  filed.    Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Oct.  13, 1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference  —  the  petition  of 
Jabez  Newton  and  others,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  committee  on  manufactures  ;  whereupon  Re- 
solved to  concur  in  said  order  of  reference  —  the  petition  of  James  Mc 
Learan,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  committee  of  Ways  &  Means;  whereupon  Resolved  to  concur  in  said 
order  of  reference.  The  petition  of  the  Selectmen  of  Woolcot,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
of  ways  and  means  ;  whereupon  Resolved  to  concur  in  said  order  of  ref- 
erence.—The  petition  of  the  Officers  of  Jefferson  Artillery  Company, 
and  of  the  Officers  of  the  Artillery  Company  in  the  third  Regiment  third 
Brigade  and  third  Division,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Military  Committee  ;  whereupon  resolved  to 
concur  in  said  orders  of  reference. 

The  petitions  of  David  Brian,  of  J.  Anderson,  of  Jacob  Brown,  of  Bap- 
tiste  Cunnas,  of  George  Clark,  of  Moses  Glough,  of  F.  Clement,  of  Thomas 
H.  Bartlet,  of  G.  Craig,  ot  William  Davis,  of  Thomas  Dean,  of  E.  Corn- 
stock,  of  J.  Fisk,  of  L.  Freemour,  of  Francis  Freeman,  of  Lucius  Hill,  of 
Josiah  Hogg,  of  John  Hunt,  of  Allen  Howard,  of  J.  Johnson,  of  John  Jack- 
son, of  P.  Jackson,  of  William  Loux,  of  Joel  B.  King,  and  of  Neally  Nor- 
ris,  convicts  confined  in  the  state  prison,  were  severally  called  up,  read 
and  on  motion  ordered  to  be  dismissed.  The  petition  of  Charles  Emerson, 
a  convict  in  the  state  prison,  praying  to  be  discharged  from  confinement, 
was  called  up  and  the  question  put "  Shall  the  said  Charles  Emerson  be  dis- 
charged from  confinement  ?"  which  was  determined  in  the  affirmative — 
Yeas  9,  Nays  0.  The  petition  of  James  Harvey,  a  convict  in  the  state 
prison  praying  to  be  discharged  from  confinement,  was  called  up,  read 
and  the  question  put  "  Shall  the  said  James  Harvey  be  discharged  from 
confinement  ?  "  which  was  determined  in  the  affirmative  with  the  follow- 
ing condition  attached  to  it — that  the  said  James  Harvey  leave  the  State 
of  Vermont  within  thirty  days  and  does  not  return  within  the  same 
again— Yeas  9,  Nays  0. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
the  Petition  of  Edgcombe  Prentiss,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Judiciary  Committee  —  the  petition  of 
John  Kilburn,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Committee  on  roads  and  canals,  the  petitions  of  Heman  Al- 
len and  others,  and  of  Benjamin  Ormsbee  and  others,  with  an  order  of 
the  House  on  each  that  the  same  be  referred  to  the  land  tax  Committee, 
the  petition  of  Hylon  Knapp,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  of  Claims,  the  petition  of  Samuel 
Lockwood,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  general  Committee  ;  whereupon  Resolved  to  concur  with  the 
House  in  said  several  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence— "  Re- 

8  Rev.  Thomas  Goodwillie  was  elected. 


Governor  and  Council — October  1827.  257 

solved,  the  Gov.  and  Council  concurring  herein,  that  both  houses  meet 
in  County  Conventions  on  Monday  next  at  4  Oclock  in  the  afternoon 
for  the  purpose  of  making  nominations  of  County  officers;  and  that  they 
meet  in  Joint  Committee  in  the  representatives'  room  at  the  opening  of 
the  house  on  tuesday  morning  next  for  the  purpose  of  electing  such 
officers,"  which  was  read;  whereupon  Besolved  to  concur  with  the  House 
in  passing  this  resolution.  The  House  sent  up  the  following  resolution 
for  concurrence,  "Resolved,  the  Gov.  and  Council  concurring  herein, 
that  both  houses  meet  in  the  representatives'  room  at  two  Oclock  on 
Wednesday  morning  next,  for  the  purpose  of  electing  Judges  of  the 
Supreme  Court,"  which  was  read;  whereupon  Besolved  to  concur  in 
passing  this  resolution.  Ordered  that  the  Sec?  inform  the  House  of  the 
concurrence  of  the  Gov.  and  Council  in  the  passage  of  the  foregoing 
resolutions.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
His  Excellency  the  Governor  was  pleased  to  appoint  Daniel  Kellogg 
Sec'y  to  the  Gov.  and  Council  for  the  year  ensuing  and  the  oath  of  office 
was  administered  to  him  by  Mr-  Langdon. 

The  petitions  of  David  Porter,  of  George  Stephens,  of  George  Shep- 
hard,  of  Josiah  Sims  Junr»  of  John  Stacy,  of  Hezekiah  Shepard,  of  Eli 
Peck,  of  Joshua  Underwood  and  of  Edward  Welch,  convicts  confined  in 
state  prison,  were  severally  called  up,  read  and  on  motion  ordered  to  be 
dismissed.     Adjourned  to  Monday  next  9  Oclock  A.  M. 


Monday  October  15, 1827.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  Messrs. 
Thompson  and  Hopkinson  appeared  in  the  Council  chamber,  were  qual- 
ified and  took  their  seats  in  the  Council.  His  Honor  the  Lieut.  Gov. 
elect  appeared  in  the  Council,  was  qualified  and  took  his  seat. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  Jonathan  Goss,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  a  select  committee  of  three  to  join  from  Coun- 
cil ;  whereupon  Resolved  to  concur  in  said  order  of  reference  and  Mr- 
Merrill  is  appointed  from  Council.  "An  act  to  incorporate  the  President, 
Directors  and  Company  of  the  Bank  of  Bennington,"  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  select  committee  of 
four  to  join  from  Council  ;  whereupon  Resolved  to  concur  in  said  order 
of  reference  and  Mr-  Merrill  is  appointed  from  Council.  The  House  sent 
up  the  following  for  concurrence  in  the  reference — The  petition  of  Ste- 
phen Marsh  with  an  order  of  the  House  thereon  that  the  same  be  refer- 
red to  the  committee  on  manufactures — The  petition  of  Hiram  B.  Sum- 
ner and  others,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  committee  of  Insolvency — The  petitions  of  Nahum  Jenni- 
son  and  others,  of  James  Eddy  and  others,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  Committee  of  Claims — "An  act 
ascertaining  the  principles  on  which  the  list  of  this  state  shall  be  made, 
and  directing  listers  in  their  office  and  duty" — "An  act  to  provide  for 
the  establishment  of  county  poorhouses  " — with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  general  Committee — "An  act 
to  regulate  the  toll  of  one  horse  waggons  on  the  West  river  bridge  in 
Brattleboro" — "An  act  authorising  Isaac  Norton  to  erect  wharves  and 
storehouses  on  Lake  Champlain  at  or  near  a  place  called  Kenyon's  Bay  in 
Benson  " — "An  act  granting  to  Oren  Dickinson  the  privilege  of  erecting 
wharves  and  store  houses  in  Lake  Champlain  at  or  near  Stoney  point  in 

17 


258  Governor  and  Council — October  1827. 

Benson  " — The  petitions  of  Daniel  Church  and  others,  of  Thomas  Ham- 
mond and  others,  with  an  order  of  the  House  on  each  that  the  same  be 
referred  to  the  committee  on  roads  and  canals;  whereupon  Resolved  to 
concur  in  the  said  several  orders  of  reference.  The  House  sent  up  the 
following  for  concurrence  in  the  reference — "An  act  to  revive  a  tax  on 
Parker's  Gore," — "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land 
in  the  town  of  Warren,"  the  petitions  of  David  Chadwick  and  others,  of 
George  W.  Denison  and  others,  of  Thomas  G.  French,  of  Charles  Church 
and  others,  of  the  Selectmen  of  Goshen,  of  Abner  Doty  and  others,  and 
"An  act  reviving  an  act  laying  a  tax  on  the  town  of  Newport,"  with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  land  tax 
Committee;  whereupon  Resolved  to  concur  in  said  several  orders  of  ref- 
erence. The  House  sent  up  the  following  for  concurrence  in  the  refer- 
ence— "An  act  in  addition  to  the  several  acts  relating  to  jails  and  jailers, 
and  for  the  relief  of  persons  imprisoned  therein,"  "An  act  directing  the 
manner  of  levying  executions  on  the  right  of  redeeming  lands  mort- 
gaged," "  An  act  to  preserve  fish  in  Minard's  pond,"  "  An  act  repealing 
an  act  therein  mentioned,"  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Judiciary  Committee  ;  whereupon  Resolved  to 
concur  in  said  several  orders  of  reference.  The  House  sent  up  the  fol- 
lowing for  concurrence  in  the  reference — The  petition  of  the  2d-  light 
infantry  Company  in  the  sixth  Regiment  first  Brigade  and  fourth  divis- 
ion, to  be  annexed  to  the  3d-  Regiment  in  the  first  Brigade  and  fourth 
division— The  petition  of  the  Washington  Artillery  — and  "An  act  in  ad- 
dition to  an  act  entitled  an  act  regulating  and  governing  the  militia  of 
this  State,"  with  an  order  of  the  House  on  each  that  the  same  be  refer- 
red to  the  military  Committee  ;  whereupon  Resolved  to  concur  in  said 
several  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  —  "Re- 
solved, as  the  sense  of  this  legislature,  that  it  is  inexpedient  to  counte- 
nance the  election  of  any  person  to  office  whose  solicitude  therefor,  in 
the  opinion  of  this  House,  may  have  induced  his  personal  attendance  on 
the  legislature,  for  the  purpose  of  seeking  or  securing  his  election," 
which  was  read  and  referred  to  the  General  Committee.  The  House 
sent  up  the  following  resolution  for  concurrence — "Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  committee  on  roads  and 
canals  be  instructed  to  enquire  whether  any  and  what  alterations  ought 
to  be  made  in  an  act  reducing  into  one  the  several  acts  for  laying  out, 
making,  clearing  and  repairing  highways  and  the  acts  in  addition  thereto; 
and  report  by  bill  or  otherwise,"  which  was  read;  whereupon  Resolved 
to  concur  in  passing  this  resolution.  The  House  sent  up  the  following 
resolution  for  concurrence — "  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  Judiciary  Committee  be  instructed  to  enquire 
into  the  propriety  of  providing  by  law  for  the  attaching  betterments 
made  by  lessees  of  public  lands,  or  whether  by  law  they  are  or  ought  to 
be  attachable;  and  report  by  bill  or  otherwise,"  which  was  read;  where- 
upon Resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
"A  bill  to  revive  an  act  laying  out  a  road  from  Randolph  west  village  to 
Hancock,"  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  committee  on  roads  and  canals;  whereupon  Resolved  to  concur  in 
said  order  of  reference. 

The  House  sent  up  the  following  resolutions  for  concurrence  —  "Re- 
solved, the  Governor  and  Council  concurring  herein,  that  so  much  of 
His  Excellency's  communication  as  relates  to  the  quota  of  United  States 
arms  be  referred  to  the  Military  Committee;"  whereupon  Resolved  to 
concur  in  passing  this  resolution.     "  Resolved,  the  Governor  and  Coun- 


Governor  and  Council — October  1827.  259 

cil  concurring  herein,  that  so  much  of  his  excellency's  communication  as 
relates  to  education  and  common  schools  be  referred  to  the  committee 
on  education;"  whereupon  resolved  to  concur  in  passing  this  resolution. 
"  Resolved  that  so  much  of  his  excellency's  communication  as  relates  to 
imprisonment  for  debt  be  referred  to  the  Judiciary  Committee;"  where- 
upon Resolved  to  concur  in  passing  this  resolution. 

The  petition  of  William  Twombly,  for  pardon,  was  called  up,  read  and 
the  question  put  "  Shall  the  said  William  Twombly  be  discharged  from 
confinement  ?"  which  was  determined  in  the  affirmative — Yeas  11,  Nays 
0.  The  petition  of  Ebenezer  Chamberlin,  for  pardon,  was  called  up,  read 
and  the  question  put  "Shall  the  said  Ebenezer  Chamberlin  be  dis- 
charged from  confinement  ?"  which  was  determined  in  the  affirmative — 
Yeas  9,  Nays  2. 

A  written  message  was  received  from  the  House  informing  the  Gov. 
and  Council  that  agreeably  to  the  rules  of  the  House  they  have  ap- 
pointed the  following  Standing  Committees,  in  which  they  desire  the 
Gov.  and  Council  to  join,  to  wit — A  committee  of  4  denominated  the 
committee  of  Ways  &  means — a  committee  of  4  denominated  the  Mili- 
tary committee — A  committee  of  4  denominated  the  Judiciary  commit- 
tee— A  committee  of  4  denominated  the  Committee  of  claims — A  com- 
mittee of  4  denominated  the  Committee  on  roads  and  canals — A  com- 
mittee of  four  denominated  the  committee  of  Insolvency— A  committee 
of  4  denominated  the  committee  on  Manufactures — A  committee  of  4 
denominated  the  committee  on  agriculture — A  committee  of  4  denomin- 
ated the  land  tax  Committee — A  committee  of  4  denominated  the  com- 
mittee of  New  trials — A  committee  of  4  denominated  the  committee  on 
education — A  committee  of  13  denominated  the  General  Committee. 
Whereupon  Resolved  to  concur  in  the  appointment  of  said  Committees 
and  Mr  Wetmore  is  appointed  on  the  committee  of  ways  and  means — 
Mr-  Thompson  is  appointed  on  the  Judiciary  committee — Mr-  Crafts  is 
appointed  on  the  committee  of  claims — Mr-  Langdon  is  appointed  on  the 
committee  on  roads  and  canals — Mr-  Holley  is  appointed  on  the  commit- 
tee of  insolvency — Mr-  Roberts  is  appointed  on  the  committee  of  Manu- 
factures— Mr-  Hopkinson  is  appointed  on  the  committee  on  agriculture 
— Mr-  Deming  is  appointed  on  the  committee  on  Land  taxes — Mr-  Mer- 
rill is  appointed  on  the  committee  of  New  trials — Mr-  Worthington  is 
appointed  on  the  general  committee— Mr-  Pierpoint  is  appointed  on  the 
committee  on  education — Mr-  Fitch  is  appointed  on  the  military  commit- 
tee.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Council  met  pursuant  to  adjournment,  His 
Honor  the  Lieut.  Gov.  in  the  chair.  The  petition  of  sundry  persons  in 
behalf  of  Aden  Johnson,  a  prisoner  confined  in  the  county  jail  in  the 
County  of  Grand  Isle,  praying  for  the  remission  of  a  certain  fine  and 
cost,  was  called  up,  read  and  the  question  put  "  Shall  the  prayer  of  said 
petition  be  granted  ?  "  which  was  determined  in  the  affirmative  —  Yeas 
11,  Nays  0. 

On  motion  of  Mr-  Pierpoint,  the  several  bills  which  were  suspended 
by  the  Gov.  and  Council  at  their  last  session,  were  called  up,  read,  and 
laid  upon  the  table.     Adjourned  to  9  Oclock  to  morrow  morning. 


Tuesday  Oct.  16, 1827.    9  Oclock  A.  M. 

The  Council  met  pursuant  to  adjournment,  His  Honor  the  Lieut.  Gov. 
in  the  chair.  The  petition  of  D.  A.  Boulton,  a  convict  in  the  state 
pirson,  was  called  [up,]  read  and  ordered  to  be  dismissed.. 


260  Governor  and  Council — October  1827. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  the  Select  men  of  Hydepark,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  raised  on  the  peti- 
tion of  the  town  of  Woolcott ;  whereupon  resolved  to  concur  in  said  or- 
der of  reference.  Also  the  petition  of  John  Emerson  and  others,  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  commit- 
tee raised  on  the  petition  of  Jonathan  Houghton  and  others;  whereupon 
Kesolved  to  concur  in  said  order  of  reference.  Also  the  petition  of  Su- 
sannah Collins,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  committee  raised  on  the  petition  of  Elos  Ray  and  James 
A.  Gilbert.  The  petition  of  the  Selectmen  of  Morristown,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
raised  on  the  petition  of  the  town  of  Woolcott.  The  petition  of  Noah 
Peck  &  others,  and  the  Remonstrance  of  Henry  Hodges  &  others,  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  commit- 
tee raised  on  the  petition  of  Joseph  Collins  ;  whereupon  Resolved  to 
concur  in  the  aforesaid  several  orders  of  reference. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  account  of  the  Warden  of  the  state  prison,  the  Report  of  the  Super- 
intendant  of  the  state  prison,  —  The  Report  of  the  committee  appointed 
to  examine  the  state  prison,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  committee  of  Ways  and  means  ;  whereupon  Re- 
solved to  concur  in  said  orders  of  reference.  The  petition  of  Reuben 
Ellis,  of  John  Pulsipher  and  others,  and  "An  act  repealing  an  act 
therein  mentioned,"  with  an  order  of  the  House  on  each  that  the  same 
be  referred  to  the  Military  Committee  ;  whereupon  Resolved  to  concur 
in  said  orders  of  reference.  The  petition  of  Jairus  Stebbins  and  others, 
of  John  Robinson,  of  the  Selectmen  of  Newark,  of  Joel  Bassett  and  oth- 
ers, of  the  Selectmen  of  Burke,  of  the  Selectmen  of  Salem,  of  the  Select- 
men of  Eden,  of  William  Colby  and  others,  of  Isaac  Dickerman,  and 
"  An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town  of 
Canaan,"  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  the  land  tax  committee  ;  whereupon  Resolved  to  concur  in  said  sev- 
eral orders  of  reference.  The  petition  of  the  inhabitants  of  Dover,  with 
an  order  of  the  House  thereon  that  the  same  be  referred  to  the  commit- 
tee on  roads  and  canals  ;  whereupon  resolved  to  concur  in  said  order  of 
reference.  Also  the  petition  of  Abijah  Wright,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Committee  of  Ways  and 
Means  ;  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
The  petitions  of  Lucinda  Hinsdell,  of  Mary  Wait,  "  An  act  regulating 
the  mode  of  administering  oaths  in  certain  cases  therein  mentioned," 
"An  act  giving  validity  to  consular  certificates  within  this  state,"  with 
an  order  of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary 
Committee;  whereupon  Resolved  to  concur  in  said  several  orders  of  ref- 
erence. Also  "  An  act  directing  the  Treasurer  to  pay  Stephen  Haight 
the  sum  therein  mentioned,"  "An  act  directing  the  Treasurer  to  pay 
Calvin  Hugh  the  sum  therein  mentioned,"  and  the  petition  of  Erastus 
Montague,  with  an  order  qf  the  House  on  each  that  the  same  be  referred 
to  the  Committee  of  Claims  ;  whereupon  Resolved  to  concur  in  said 
several  orders  of  reference.  Also  "An  act  to  incorporate  the  Vermont 
mutual  fire  insurance  company,"  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  a  select  committee  of  four  to  join  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  Also  "  An  act  to 
repeal  an  act  therein  mentioned,"  and  the  Remonstrance  of  the  Inhabi- 
tants of  Concord,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  .members  of  the  House  from  Caledonia  and  Essex  Coun- 


Governor  and  Council — October  1827.  261 

ties  to  join  ;  whereupon  resolved  to  concur  in  said  orders  of  reference 
and  Messrs.  Deming  and  Hopkinson  are  appointed  from  Council.  Also 
The  petitions  of  the  Selectmen  of  Eden,  of  the  Selectmen  of  Belvidere, 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
committee  raised  on  the  petition  of  the  town  of  Woolcott,  whereupon 
resolved  to  concur  in  said  orders  of  reference. 

On  motion  of  Mr-  Merrill,  the  suspended  bills  were  called  up,  to  wit — 
11  An  act  to  prevent  putting  the  bodies  or  carcases  of  dead  animals  into 
White  river  and  its  tributary  streams,"  and  "  An  act  in  addition  to  an 
act  constituting  the  Supreme  Court  of  Judicature  and  County  Courts, 
defining  their  powers  and  regulating  judicial  proceedings,"  which  were 
read  and  referred  to  the  Judiciary  Committee  and  sent  to  the  House  for 
their  concurrence.  Also  "  An  act  directing  the  Treasurer  to  pay  Tap- 
pan  Stevens  the  sum  therein  mentioned,"  which  was  read  and  referred 
to  the  Committee  of  Claims  and  sent  to  the  House  for  their  concurrence 
in  the  reference. 

The  petition  of  Hiram  White,  a  convict  in  the  state  prison,  was  called 
up,  read  and  on  motion  ordered  to  be  dismissed. 

The  House  sent  up  the  following  resolutions  for  concurrence — "  Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  the  General  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  providing  by  law 
that  the  several  towns  in  this  state  may  at  their  march  meetings,  or  at 
meetings  warned  for  that  purpose,  make  such  bye  laws  respecting  the 
taking  of  fish  as  they  may  think  proper,  and  to  report  by  bill  or  other- 
wise," which  was  read;  whereupon  Resolved  to  concur  in  passing  this 
resolution.  "  Resolved,  the  Gov.  &  Council  concurring  herein,  that  the 
General  Committee  be  instructed  to  enquire  into  the  expediency  of  so 
modifying  the  appointments  of  Justices  of  the  peace  in  the  several  towns 
of  this  state,  so  that  there  shall  be  no  more  than  seven  in  any  one  town; 
and  if  the  population  of  any  town  does  not  exceed  two  thousand,  there 
shall  be  no  more  than  six  ;  and  if  the  population  of  any  town  does  not 
exceed  fifteen  hundred,  there  shall  be  no  more  than  five;  and  if  the  pop- 
ulation of  any  town  does  not  exceed  one  hundred,  there  shall  be  no  more 
than  four  Justices  appointed;  and  that  said  committee  have  leave  to  re- 
port by  bill  or  otherwise,"  which  was  read;  whereupon  Resolved  to  con- 
cur in  passing  this  resolution.  "  Resolved,  the  Gov.  &  Council  concur- 
ring herein,  that  the  General  Committee  be  instructed  to  enquire  into 
the  propriety  of  passing  an  act  giving  a  bounty  for  the  destruction  of 
bears  within  this  state  ;  and  of  so  altering  or  amending  the  act  for  the 
destruction  of  wolves  and  panthers  that  the  bounty  for  killing  each  wolf 
or  panther  shall  be  ten  dollars  instead  of  twenty  dollars  as  is  now  pro- 
vided by  law,"  which  was  read;  whereupon  Resolved  to  concur  in  pass- 
ing this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
uAn  act  to  incorporate  the  President,  Directors  and  Company  of  the 
Bank  of  Orange  County,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  committee  raised  on  the  bill  entitled  "An  act 
to  incorporate  the  President,  Directors  and  Company  of  the  Bank  of 
Bennington,"  whereupon  Resolved  to  concur  in  said  order  of  reference. 
"An  act  authorizing  Nehemiah  W.  Kingham  [Kingman]  to  build  a 
wharf  in  St.  Albans  bay  in  the  town  of  St.  Albans,"  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  Roads 
and  Canals;  whereupon  Resolved  to  concur  in  said  order  of  reference. 
Also  "  An  act  authorizing  the  Proprietors  of  Piermont  bridge  to  erect 
a  toll  gate  in  this  state,"  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  committee  on  Roads  and  Canals,  which  order 
was  concurred  in  by  the  Council. 


262  Governor  and  Council — October  1827. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  Joseph  Collins  &  others,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  select  committee  of  three  to  join 
from  Council  and  Mr-  Worthington  is  appointed  from  Council.  The 
petition  of  Elos  Ray  and  James  A.  Gillet,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  select  committee  of  three  to  join; 
whereupon  Resolved  to  concur  in  said  order  of  reference  and  Mr-  Lang- 
don  is  appointed  from  Council.  The  petition  of  Joseph  Ricker  and 
others,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  select  committee  of  three  to  join;  whereupon  Resolved  to  concur  in 
said  order  of  reference  and  Mr-  Thompson  is  appointed  from  Council. 
The  petition  of  Jonathan  Houghton  and  others,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  a  select  committee  of  two 
to  join;  whereupon  Resolved  to  concur  in  said  order  of  reference  and  Mr- 
Roberts  is  appointed  from  Council.  The  petition  of  the  Selectmen  of 
Woolcott,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
a  select  committee  of  three  to  join ;  whereupon  Resolved  to  concur  in  said 
order  of  reference  and  Mr-  Holley  is  appointed  from  Council.  "  An  act 
to  incorporate  the  Vermont  mutual  fire  insurance  Company,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  select  com- 
mittee of  four  to  join;  whereupon  Resolved  to  concur  in  said  order  of 
reference  and  Mr-  Deming  is  appointed  from  Council.  "Resolved,  the 
Governor  and  Council  concurring  herein,  that  so  much  of  his  excellen- 
cy's communication  as  relates  to  lotteries  be  referred  to  a  committee  of 
four  members  from  this  House  to  join  from  Council;"  whereupon  Re- 
solved to  concur  in  passing  this  resolution  and  Mr-  Wetmore  is  ap- 
pointed from  Council.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  for  concurrence  in  the  refer- 
ence— The  petition  of  Joseph  A.  Gallup  and  associates,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  a  select  committee  of  four 
to  join  ;  whereupon  Resolved  to  concur  in  said  order  of  reference  and  M> 
Hopkinson  is  appointed  from  Council. 

The  petition  of  John  Morrison,  a  convict  confined  in  the  state's 
prison,  was  called  up,  read  and  the  question  put  "Shall  the  said  John 
Morrison  be  discharged  from  confinement  ?"  which  was  determined  in 
the  affirmative  upon  condition  that  the  said  John  Morrison  leaves  the 
state  of  Vermont  within  thirty  days  and  does  not  again  return  —  Yeas 
10,  Nays  1.  The  petition  of  John  A.  Carpenter  for  pardon,  was  called 
up,  read  and  on  motion  ordered  to  be  dismissed.  The  petition  of  Julia 
Burnham,  a  convict  confined  in  the  state's  prison,  was  called  up,  read 
and  the  question  put  "  Shall  the  said  Julia  Burnham  be  discharged  from 
confinement "  which  was  determined  in  the  affirmative  —  Yeas  6,  Nays 
5.  Those  who  voted  in  the  affirmative  are  Messrs.  Holley,  Hopkinson, 
Langdon,  Merrill,  Roberts  and  Wetmore.  Those  who  voted  in  the  neg- 
ative are  Messrs.  Deming,  Fitch,  Pierpoint,  Thompson  and  Worthing- 
ton.   Adjd-  to  9  Oclock  to  morrow  morning. 


Wednesday  Oct.  17, 1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  His  Excellency 
the  Gov.  was  pleased  to  appoint  His  Honor  the  Lieut.  Governor  upon 
the  Committee  of  Claims  for  the  time  being,  until  Mr-  Crafts  should 
arrive  and  take  his  seat  in  the  Council. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
"An  act  entitled  an  act  establishing  a  bank  at  Manchester,"  with  an 


Governor  and  Council — October  1827.  263 

order  of  the  House  thereon  that  the  same  be  referred  to  the  committee 
raised  on  the  petition  of  Richard  Skinner  and  others  ;  whereupon  Re- 
solved to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  both  houses  meet 
in  the  Representatives'  room  on  Wednesday  next  at  ten  Oclock  in  the 
forenoon,  for  the  purpose  of  electing  a  person  to  preach  the  next  election 
sermon,  and  also  to  elect  a  Surveyor  General  for  the  state  and  an  auditor 
of  accounts  against  the  state  for  the  year  ensuing,"  which  was  read  ; 
whereupon  Resolved  to  concur  in  passing  this  resolution.  Ordered  that 
the  Sec'y  inform  the  House  of  the  same. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  Elisha  Bingham  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  a  select  committee  of  two  to  join  ;  where- 
upon Resolved  to  concur  in  said  order  of  reference  and  Mr-  Langdon  is 
appointed  from  Council.  The  petition  of  Richard  Skinner  &  others 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  select 
committee  of  three  to  join  ;  whereupon  Resolved  to  concur  in  said  order 
of  reference  and  the  Lieut.  Gov.  is  appointed  from  Council.  The  petition 
of  Carlo  C.  Carroll,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Committee  raised  on  the  petition  of  Joseph  A.  Gallup  and 
associates  ;  whereupon  Resolved  [to]  concur  in  said  order  of  reference. 
The  petition  of  George  W.  Hammond  &  others,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  on  the  petition  of 
Joseph  A.  Gallup  and  associates.  The  petition  of  Luther  Chany  and 
others  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  committee  on  the  petition  of  Elos  Ray  and  James  A.  Gillett;  where- 
upon Resolved  to  concur  in  said  several  orders  of  reference.  The  peti- 
tion of  Joseph  D.  Farns  worth,  "An  act  to  abolish  imprisonment  for  debt " 
and  "An  act  to  repeal  part  of  an  act  therein  mentioned,"  with  an  order 
of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary  Com- 
mittee ;  Whereupon  Resolved  to  concur  in  said  several  orders  of  refer- 
ence. The  petition  of  Austin  Johnson,  and  of  Artemas  W.  Densmore 
and  others,  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  the  Military  Committee  ;  whereupon  Resolved  to  concur  in  said  sev- 
eral orders  of  reference.  "An  act  directing  the  Treasurer  to  pay  Oliver 
Farrar  the  sum  therein  mentioned,"  and  the  petition  of  Joseph  Weeks, 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
committee  of  Ways  and  means  ;  whereupon  resolved  to  concur  in  said 
several  orders  of  reference.  The  petition  of  Asa  Brown  and  others,  of 
the  Selectmen  of  Hardwick,  of  Otis  Leeland  and  others,  of  the  Selectmen 
of  Topsham,  of  the  Selectmen  of  Fayston,  of  Charles  Sampson  and  oth- 
ers, of  Ellis  Cobb,  "An  act  laying  a  tax  of  two  cents  on  each  acre  of  land 
in  the  town  of  Norton,  Warren's  Gore,  Avery's  Gore  and  Warner's 
Gore  "  [Warren's  Grant,]  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Land  tax  Committee  ;  whereupon  Resolved  to 
concur  in  said  several  orders  of  reference.  The  account  of  Walter 
Palmer,  the  account  of  Ebenezer  Clements,  the  account  of  Henry  Smith, 
the  account  of  Thomas  Southgate,  and  the  account  of  Theodore  Phelps, 
with  an  order  of  the  House  on  each  that  the  same  be  referred  to  the 
committee  of  claims  ;  whereupon  Resolved  to  concur  in  said  several 
orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence — "Re- 
solved, the  Governor  and  Council  concurring  herein,  that  His  excellency 
the  Governor  be  requested  to  appoint  thursday  the  sixth  day  of  Decem- 
ber next  to  be  observed  as  a  day  of  public  thanksgiving  throughout  this 
state,"  which  was  read;  whereupon  Resolved  to  concur  in  passing  this 


264  Governor  and  Council — October  1827. 

resolution.  "Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  instructed  to  enquire  into  the  expe- 
diency of  authorising  town  Clerks  to  take  acknowledgements  of  deeds; 
and  that  said  Committee  have  leave  to  report  by  bill  or  otherwise." 
[Concurrence  not  entered  on  the  journal.]  The  House  sent  up  the 
following  resolution  for  concurrence,  "Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  enquire  into  the  expediency  of  so  altering  the  law  or  passing  an  act 
empowering  the  commissioners  in  the  settlement  of  estates  to  adminis- 
ter the  necessary  oaths  to  parties  and  witnesses,"  which  was  read; 
whereupon  Resolved  to  concur  in  passing  this  resolution.  ''Resolved, 
the  Gov.  &  Council  concurring  herein,  that  the  Judiciary  Committee  be 
directed  to  enquire  into  the  expediency  of  so  altering  the  law  as  that 
collectors  of  state  taxes  shall  pay  the  same  to  the  State  Treasurer  on  or 
before  the  fifteenth  day  of  October  annually;  and  report  by  bill  or  other- 
wise," which  was  read;  whereupon  Resolved  to  concur  in  passing  this 
resolution.  "  Resolved,  the  Gov.  &  Council  concurring  herein,  that  the 
Judiciary  Committee  be  instructed  to  enquire  into  the  expediency  of 
passing  a  law  requiring  notice  to  be  given  to  the  adverse  party  in  all 
cases  of  depositions  taken  to  be  used  in  civil  causes  in  any  court  in  this 
state;  and  report  by  bill  or  otherwise,"  which  was  read;  whereupon  Re- 
solved to  concur  in  passing  this  resolution.  "  Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  Military  Committee  be  directed 
to  enquire  into  the  expediency  of  repealing  the  sixth  section  of  an  act 
entitled  '  An  act  in  amendment  to  an  act  entitled  an  act  regulating  and 
governing  the  militia  of  this  state  passed  Nov.  16,  1819,' "  which  was 
read;  whereupon  Resolved  to  concur  in  passing  this  resolution.  "Re- 
solved,  that  the  Committee  on  education  be  instructed  to  enquire  what 
alterations,  if  any,  are  necessary  in  the  several  laws  relating  to  common 
schools  within  this  state;  and  report  by  bill  or  otherwise,"  which  was 
read;  whereupon  Resolved  to  concur  in  passing  this  resolution.  "Re- 
solved, that  the  Judiciary  committee  be  directed  to  enquire  into  the 
expediency  of  so  regulating  appeals  and  reviews  as  to  prevent  delay  in 
undisputed  cases,"  which  was  read;  whereupon  Resolved  to  concur  in 
passing  this  resolution.  "Resolved,  that  the  committee  on  roads  and 
canals  be  directed  to  enquire  into  the  expediency  of  providing  by  law  a 
board  of  road  commissioners  in  each  county,"  which  was  read,  where- 
upon resolved  to  concur  in  passing  this  resolution. 

The  Gov.  &  Council  attended  in  the  representatives'  room,  when  the 
two  houses  in  joint  committee  made  choice  of  Judges  of  the  Supreme 
Court,  a  person  to  preach  the  next  election  sermon,  an  auditor  of  ac- 
counts against  the  state,  and  a  Surveyor  General,  and  returned  to  their 
chamber.1    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  —  The  Gov.  &  Council  met  pursuant  to  adjourn- 
ment.   Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  October  18, 1827.    9  Oclock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.    The  House 
sent  up  the  following  tor  concurrence  in  the  reference — "An  act  direct- 

1  The  following  elections  were  made:  Richard  Skinner,  Samuel  Pren- 
tiss, Titus  Hutchinson,  and  Stephen  Roycejr.  Judges;  Rev.  Jonathan 
Woodman  to  preach  the  then  next  election  sermon,  and  Rev.  James 
Marsh  alternate;  Calvin  C.  Waller  Surveyor  General;  and  David  Pierce 
Auditor. 


Governor  and  Council — October  1827.  265 

ing  the  Treasurer  to  pay  the  several  sums  therein  mentioned,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
of  Claims — "An  act  appropriating  the  sum  therein  mentioned  to  defray 
the  expenses  of  the  Council  of  Censors,"  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  of  Ways  and 
means;  whereupon  Resolved  to  concur  in  said  several  orders  of  refer- 
ence. Also  "  An  act  to  incorporate  the  College  of  Physicians  and  Sur- 
geons of  the  University  of  Vermont  and  for  other  purposes,"  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  select  commit- 
tee of  four  to  join;  whereupon  Resolved  to  concur  in  said  order  of  refer- 
ence and  Mr-  Thompson  is  appointed  from  Council.  Also  The  petition 
of  Betsy  Meeder,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  a  committee  of  two  to  join  ;  whereupon  Resolved  to  concur 
in  said  order  of  reference  and  Mr-  Worthington  is  appointed  from  Coun- 
cil. Also  The  petition  of  Samuel  E.  Chalker  and  others,  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  a  committee  of  three 
to  join;  whereupon  Resolved  to  concur  in  said  order  of  reference  and  Mr- 
Roberts  is  appointed  from  Council. 

The  House  sent  up  the  following  resolution  for  concurrence:  "Re- 
solved, that  such  towns  as  have  neglected  to  produce  their  respective 
list,  containing  an  appraisal  of  the  real  estate,  together  with  all  such  as- 
sessments as  have  been  made  in  their  respective  towns,  with  the  names 
of  all  persons  by  them  assessed  and  annexed  in  alphabetical  order,  agree- 
ably to  the  twelfth  section  of  an  act  passed  Nov.  17,  1825,  ascertaining 
the  principles  on  which  the  list  of  this  State  shall  be  made,  and  directing 
listers  in  their  office  and  duty,  be  doomed  in  such  sum  as  justice  re- 
quires," which  was  read  and  referred  to  the  General  Committee. 

The  petition  of  P.  P.  Gee,  for  pardon,  was  called  up,  read  and  on  mo- 
tion ordered  to  be  dismissed.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  resolution  for  concurrence  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
houses  meet  in  Joint  Committee  in  the  representatives'  room  on  the 
nineteenth  of  October  instant  at  ten  oclock  in  the  forenoon,  to  elect  a 
Major  General  of  the  first  division  of  the  militia  of  this  state,  and  to  fill 
such  vacancies  as  may  be  occasioned  by  the  election  of  said  Major  Gen- 
eral," which  was  read  ;  whereupon  an  amendment  was  proposed  to  the 
same,  which  was  read  and  adopted  ;  and  thereupon  Resolved  to  concur 
with  the  House  in  passing  this  resolution  with  said  proposal  of  amend- 
ment and  Mr-  Roberts  is  appointed  to  assign  reasons  to  the  house. 

The  Petition  of  Salmon  Whitlock,  for  pardon,  was  called  up,  read  and 
on  motion,  dismissed.  On  motion  of  Mr-  Holley,  voted  to  reconsider  the 
vote  dismissing  the  petition  of  Allen  Haywood,  and  the  question  being 
put  "  Shall  the  said  Allen  Haywood  be  discharged  from  confinement  ?" 
which  was  determined  in  the  affirmative — Yeas  7,  Nays  5.  The  petition 
of  Isaac  D.  Frost,  for  pardon,  was  called  [up,]  read  and  the  question  put 
"  Shall  the  said  Isaac  D.  Frost  be  discharged  from  confinement  ?"  which 
was  determined  in  the  affirmative — Yeas  12,  Nays  0.  Adjourned  to  9 
Oclock  to  morrow  morningr. 


Friday  October  19, 1827.    9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.     The  House 
sent  up  the  following  for  concurrence  in  the  reference — "An  act  to  incor- 
porate certain  persons  therein  named  by  the  name  of  the  Champlain 
glass  Company — An  act  repealing  an  act  therein  mentioned — An  act  in 


266  Governor  and  Council — October  1827. 

addition  to  an  act  entitled  an  act  in  addition  to  an  act  entitled  an  act 
constituting  the  Supreme  Court  of  Judicature  and  County  Courts,  defin- 
ing their  powers  and  regulating  judicial  proceedings — The  report  of  the 
Committee  relative  to  commissioners  administering  oaths — with  an  or- 
der of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary 
Committee.  The  House  sent  up  the  following  for  concurrence  in  the 
reference  to  wit — The  petition  of  Robert  Willson  and  others,  of  Joshua 
Judson  and  others,  of  William  G.  Page  and  others,  of  the  officers 
of  artillery  in  the  2d-  Brigade  and  first  division,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  military  committee  ; 
whereupon  Resolved  to  concur  in  said  several  orders  of  reference.  Also 
the  petition  of  Benjamin  Rolfe  and  others,  of  William  Lewis  and  others, 
of  Charles  Shedd  and  others,  with  an  order  of  the  House  on  each  that 
the  same  be  referred  to  the  committee  raised  on  the  petition  of  Joseph 
Collins  and  others;  whereupon  Resolved  to  concur  in  said  several  orders 
of  reference.  Also  the  petition  of  William  Slade,  and  the  account  of 
John  Dodge  against  the  state,  with  an  order  of  the  House  on  each  that 
the  same  be  referred  to  the  committee  of  claims;  whereupon  resolved  to 
concur  in  said  several  orders  of  reference.  Also  the  petition  of  the 
Selectmen  of  Greensboro,  of  Moses  Strong  and  others,  of  the  Selectmen 
of  Moretown,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Land  tax  committee  ;  whereupon  Resolved  to  concur  in 
said  several  orders  of  reference.  Also  the  petition  of  the  inhabitants  of 
Brookfield  and  others,  of  the  Selectmen  of  Stratton,  of  Joel  Doolittle  2d- 
&  others,  of  the  Selectmen  of  Jamaica,  of  Jireh  Durkee,  An  act  author- 
ising the  widow  and  heirs  of  Nathaniel  M.  Torrey  to  erect  a  wharf  and 
store  house,  An  act  in  addition  to  an  act  entitled  an  act  reducing  into 
one  the  several  acts  for  laying  out,  making,  repairing  and  clearing  high- 
ways, with  an  order  of  the  House  on  each  that  the  same  be  referred  to 
the  committee  on  roads  and  canals  ;  whereupon  Resolved  to  concur  in 
said  several  orders  of  reference.  Also  The  petition  of  Albee  Davison,  of 
the  inhabitants  of  Middlesex,  of  Hugh  Gammell,  of  Samuel  Morrison,  of 
the  Selectmen  of  Sherburne,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  committee  of  ways  and  means  ;  whereupon  re- 
solved to  concur  in  said  several  orders  of  reference.  Also  An  act  in 
addition  to  an  act  to  restrain  swine  from  going  at  large,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  General  Committee; 
whereupon  Resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  — "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  committee  on 
roads  and  canals  be  instructed  to  enquire  into  the  expediency  of  author- 
izing the  several  County  Courts  in  this  state,  on  the  refusal  of  the 
selectmen  of  any  town,  to  lay  out  and  establish  private  or  pent  roads, 
and  that  said  committee  have  leave  to  report  by  bill  or  otherwise," 
which  was  read  ;  whereupon  Resolved  to  concur  in  passing  this  resolu- 
tion. Also  the  following  —  "Resolved,  the  Gov.  &  Council  concurring 
herein,  that  the  Judiciary  Committee  be  instructed  to  enquire  into  the 
expediency  of  providing  by  law  for  the  taking  of  depositions  to  be  used  in 
the  courts  in  this  state  when  the  Deponent  lives  without  the  state  and  less 
than  thirty  miles  from  the  {place]  of  trial,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution.  The  House  sent  up  the 
following  resolution  for  concurrence  —  "Resolved  that  the  General  Com- 
mittee be  instructed  to  enquire  what  amount  of  money  has  been  paid  to 
the  reporter  of  the  decisions  of  the  Supreme  Court  since  that  office  was 
created,  and  whether  his  services  are  of  sufficient  importance  to  the 
people  of  this  state  to  warrant  any  further  expenditure,  and  report  by 
bill  or  otherwise,"   which  was  read  ;  whereupon  resolved  to  concur  in 


Governor  and  Council — October  1827.  267 

• 
said  resolution.  The  House  sent  up  the  following  resolution  for  concur- 
rence— "Resolved  that  the  Judiciary  committee  be  instructed  to  enquire 
into  the  expediency  of  passing  a  law  regulating  the  mode  of  taking 
testimony  in  cases  of  contested  elections  of  members  returned  to  the 
General  Assembly,  and  report  by  bill  or  otherwise,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution.  Also  The 
petition  of  Harvey  Otikirke  and  Elisha  Tafl,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  raised  on  the  peti- 
tion of  Samuel  Wiswall  Jr-;  whereupon  Resolved  to  concur  in  said  order 
of  reference. 

A  communication  was  recd-  from  the  House  informing  that  the  House 
had  concurred  in  the  amendment  proposed  by  the  Gov.  and  Council  to 
the  joint  resolution  relating  to  the  appointment  of  a  Major  General  in 
the  first  division. 

The  petitions  of  John  Stanley,  of  P.  J.  C.  Johnson,  of  Calvin  Mellen, 
of  Charles  Baker,  of  E.  Barnes,  of  Stephen  Coats,  convicts  confined  in 
the  State  prison,  were  severally  taken  up,  read,  and7  on  motion  ordered 
to  be  dismissed.  The  petition  of  William  Longley,  a  convict  in  the 
State  prison,  was  taken  up,  read  and  the  question  put  "Shall  the  said 
William  Longley  be  discharged  from  confinement?"  which  was  deter- 
mined in  the  affirmative  —  Yeas  11,  Nays  0.  Adjourned  to  2  Oclock 
P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  petition  of  Manna  Case,  praying  for  a  pardon,  was  taken  up,  read, 
and  the  question  put  "  Shall  a  pardon  be  granted  to  the  said  Manna 
Case  ?  "  which  was  determined  in  the  affirmative — Yeas  11,  Nays  0. 

The  House  sent  up  the  following  resolution  for  concurrence  —  "  Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  both  houses  meet  in 
the  representatives'  room  on  Saturday  next  at  ten  Oclock  in  the  fore 
noon  to  elect  a  Superintendant  of  the  State  prison,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution. 

The  petition  of  Simeon  Fisk,  of  D.  Fowler,  of  Thomas  Gilbert,  of  Reu- 
ben T.  Hathaway,  of  J.  H.  Harvey,  of  John  Jenness,  of  Adonijah  Hew- 
ett,  convicts  in  the  state  prison,  were  severally  taken  up,  read  and  on 
motion  ordered  to  be  dismissed.  The  petition  of  B.  Dow,  a  convict  in 
the  state's  prison,  was  taken  up,  read  and  the  question  put  "Shall  the 
said  B.  Dow  be  discharged  from  confinement?  "  which  was  determined  in 
the  affirmative — Yeas  11,  Nays  0.  The  petition  of  S.  Dibble,  praying  to 
be  discharged  from  confinement,  was  taken  up,  read  and  the  question 
put  "  Shall  the  said  S.  Dibble  be  discharged  from  confinement  ?  "  which 
was  determined  in  the  affirmative  —  Yeas  11,  Nays  0.  The  petition  of 
Homer  Challis,  praying  to  be  discharged  from  confinement,  was  called 
up  and  the  question  put  "  Shall  the  said  Homer  Challis  be  discharged 
from  confinement  ?  "  which  was  determined  in  the  affirmative — Yeas  11, 
Nays  0.  The  petition  of  Elijah  Kazer,  praying  to  be  discharged  from 
confinement,  was  called  up,  read  and  the  question  put  "Shall  the  said 
Elijah  Kazer  be  discharged  from  confinement  ?  "  which  was  determined 
in  the  affirmative — Yeas  11,  Nays  0.  Adjourned  to  9  Oclock  to  morrow 
morning. 


Saturday  Oct,  20, 1827.    9  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.     The  House  sent 
up  the  following  for  concurrence  in  the  reference — The  petition  of  Sam- 
uel Wiswall  Jr.  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  a  select  committee  of  two  to  join;  whereupon  resolved  to  con- 


268  G-overnor  and  Council — October  1827. 

cur  in  said  order  of  reference  and  Mr-  Pierpoint  is  appointed  from  Coun- 
cil. The  petition  of  the  town  of  Holland,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  a  committee  of  two  to/join;  whereupon 
resolved  to  concur  in  said  order  of  reference  and  Mr-  Holley  is  appointed 
from  Council.  His  excellency's  communication  and  resolutions  from 
the  states  of  Georgia,  Connecticut,  Maine,  Alabama  and  Ohio,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  select  com- 
mittee of  four  to  join;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence and  Mr-  Merrill  is  appointed  from  Council. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
An  act  annexing  a  part  of  the  town  of  Fairfield  to  the  town  of  St.  Al- 
bans and  a  part  of  the  town  of  St.  Albans  to  the  town  of  Fairfield — An 
act  explanatory  of  the  second  section  of  an  act  entitled  an  act  ascertain- 
ing the  principles  on  which  the  list  of  this  state  shall  be  made  and  di- 
recting listers  in  their  office  and  duty — An  act  in  addition  to  an  act 
directing  the  mode  of  obtaining  licences  and  regulating  Inns  and  houses 
of  public  entertainment — An  act  in  addition  to  and  alteration  of  an  act 
entitled  an  act  in  addition  to  an  act  entitled  an  act  to  enforce  the  due 
observation  of  the  Sabbath,  passed  Nov.  5, 1819 — An  act  to  authorize  the 
sale  of  certain  real  estate  of  Asa  Patchen,  late  of  Haverhill  in  the  County 
of  Grafton  and  state  of  New  Hampshire,  Esq.  deceased — An  act  relating 
to  the  settlement  of  the  accounts  of  the  County  Treasurers,  with  an  or- 
der of  the  House  on  each  that  the  same  be  referred  to  the  Judiciary  Com- 
mittee; whereupon  resolved  to  concur  in  said  several  orders  of  refer- 
ence— An  act  in  addition  to  an  act  entitled  an  act  regulating  town  meet- 
ings and  the  duty  and  choice  of  town  officers,  passed  Feb'?  28, 1797— An 
act  in  addition  to  an  act  for  the  Support  of  Schools,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  General  Committee  ; 
whereupon  resolved  to  concur  in  said  several  orders  of  reference. — An 
act  directing  the  Treasurer  of  this  State  to  pay  Thomas  Burnside  the 
sum  therein  mentioned — An  act  directing  the  Treasurer  to  pay  Benja- 
min F.  Haskell  the  sum  therein  mentioned,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  committee  of  claims  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  An  act  in  amend- 
ment of  an  act  therein  mentioned,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Military  committee  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  The  petition  of  Samuel  Ar- 
nold and  others,  and  an  act  relating  to  the  2d-  West  river  bridge  Com- 
pany, with  an  order  of  the  house  on  each  that  the  same  be  referred  to 
the  committee  on  roads  and  canals;  whereupon  resolved  to  concur  in 
said  orders  of  reference.  The  petition  of  the  President  and  managers  of 
the  Vermont  Colonization  Society — An  act  incorporating  the  Gneiss 
bottom  manufacturing  Company,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  committee  of  ways  and  means;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  An  act  laying  a 
tax  of  three  cents  on  each  acre  of  land  in  the  town  of  Guildhall,  with  an 
order  ol  the  House  thereon  that  the  same  be  referred  to  the  land  tax 
committee;  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence — "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  General  Com- 
mittee be  instructed  to  enquire  into  the  expediency  of  reporting  a  bill 
to  this  house,  the  effect  of  which  shall  be,  that  all  wild  lands  in  this 
state  shall  be  taxed  for  the  payment  of  taxes  of  every  description;  and 
report  by  bill  or  otherwise,"  which  was  read;  whereupon  Resolved  to 
concur  in  passing  this  resolution.  Also  Resolved,  the  Gov.  &  Council 
concurring  herein,  that  the  Judiciary  committee  be  instructed  to  enquire 
into  the  expediency  of  fixing  by  law  the  distance  from  any  religious 


Governor  and  Council — October  1827c  269 

meeting  within  which  ardent  spirits  may  be  sold;  and  report  by  bill  or 
otherwise — which  was  read;  whereupon  resolved  to  concur  in  passing 
this  resolution.  Also  Resolved,  the  Gov.  and  Council  concurring 
herein,  that  the  Judiciary  committee  be  instructed  to  enquire  into  the 
expediency  of  passing  a  law  empowering  the  Supreme  Court  to  cause 
issues  of  fact  to  be  tried  by  a  jury  in  cases  of  appeal  from  Probate  Court 
allowing  administrators'  accounts — which  was  read;  whereupon  resolved 
to  concur  in  passing  this  resolution.  Also  Resolved,  the  Gov.  &  Coun- 
cil concurring  herein,  that  the  Committee  on  New  trials  be  directed  to 
enquire  into  the  expediency  of  repealing  an  act  in  addition  to  an  act 
relative  to  petitions  preferred  to  the  General  Assembly,  passed  Oct.  28, 
1823 — which  was  read;  whereupon  resolved  to  concur  in  passing  this 
resolution. 

The  petitions  of  Erastus  Little,  of  John  Kennedy,  of  Daniel  Palmer, 
convicts  in  the  state  prison,  were  severalty  taken  up,  read  and  on  motion 
ordered  to  be  dismissed.  The  petition  of  William  Connell,  a  prisoner 
in  the  state  prison,  was  taken  up,  read  and  the  question  put  "  Shall  the 
said  William  Connell  be  discharged  from  confinement?"  which  was 
determined  in  the  affirmative — Yeas  11,  Nays  1.  The  petition  of  Betsy 
Meeder,  a  prisoner  confined  in  the  County  Jail  at  Danville,  praying  to 
be  discharged  from  confinement,  was  called  [up,]  read  and  the  question 
put  "  Shall  the  said  Betsey  Meeder  be  discharged  from  confinement?  " 
which  was  determined  in  the  affirmative — Yeas  9,  Nays  3.  Those  who 
voted  in  the  affirmative  are  Messrs.  Deming,  Fitch,  Holley,  Hopkinson, 
Merrill,  Pierpoint,  Roberts,  Wetmore,  Worthington.  Those  who  voted 
in  the  negative  are  Messrs.  Olin,  Langdon,  Thompson.  Adjourned  to 
2  Oclock  P.  M.1 

2  Oclock  P.  M.  —  The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment.    Adjourned  to  9  Oclock  Monday  morning. 


Monday  Oct.  22, 1827.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  Mr-  Crafts  ap- 
peared. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
Report  of  committee  appointed  to  inspect  the  several  banks  in  this  state, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  a  com- 
mittee of  four  to  join;  whereupon  Resolved  to  concur  in  said  order  of 
reference  and  Mr-  Deming  is  appointed  from  Council.  The  House  sent 
up  the  following  resolution  for  concurrence — Resolved,  the  Gov.  and 
Council  concurring  herein,  that  the  report  of  the  commissioners  for  the 
relief  of  the  deaf  and  dumb,  with  the  accompaning  documents,  be 
referred  to  a  select  committee  of  four  to  join  from  Council  with  instruc- 
tion to  report  what  farther,  if  any,  legislative  enactments  are  necessary 
to  carry  into  effect  the  benevolent  objects  of  the  acts  passed  for  the 
benefit  of  the  deaf  and  dumb  in  the  years  1825  &  1826,  which  was  read 
and  referred  by  the  House  to  said  committee;  whereupon  resolved  to 
concur  in  passing  this  resolution  and  Mr-  Crafts  is  appointed  from 
Council. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
An  act  altering  the  name  of  Parkerstown  to  that  of  Mendon,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  a  select  com- 

1  John  H.  Cotton  was  elected  Superintendent  of  the  State  Prison,  of 
which  no  note  is  made  on  the  Council  Journal. 


270  Governor  and  Council — October  1827. 

mittee  of  two  to  join;  whereupon  Resolved  to  concur  in  said  order  of 
reference  and  Mr-  Pierpoint  is  appointed  from  Council.  An  act  directing 
the  Treasurer  of  this  state  to  pay  Harvey  Deming  and  Aaron  Barrows 
the  sum  therein  mentioned — The  petition  of  Hiram  Bromly,  with  an  or- 
der of  the  House  on  each  that  the  same  be  referred  to  the  Committee  of 
Claims;  whereupon  Resolved  to  concur  in  said  several  orders  of  reference. 
Also  the  Report  of  the  auditor  in  the  Treasury  department,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
of  Ways  and  Means;  whereupon  resolved  to  concur  in  said  order  of 
reference.  An  act  concerning  the  acknowledgment  of  deeds — An  act 
repealing  an  act  therein  mentioned,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Judiciary  Committee;  whereupon 
resolved  to  concur  in  said  orders  of  reference.  An  act  authorising  the 
erection  of  wharfs  and  store  houses  in  Lake  Champlain — An  act  in 
addition  to  an  act  entitled  an  act  to  incorporate  the  Sand  bar  bridge 
Company,  with  an  order  of  the  House  on  each  that  the  same  be  referred 
to  the  Committee  on  roads  and  canals;  whereupon  resolved  to  concur 
in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Resolved, 
the  Gov.  &  Council  concurring  herein,  that  the  Committee  of  Ways  and 
means  be  instructed  to  report  a  bill  making  compensation  to  the  Super- 
intendant  of  the  Vermont  State  prison  for  the  year  ending  December  1, 
1827,"  which  was  read  ;  whereupon  Resolved  to  concur  in  passing  this 
resolution.  "  Resolved,  that  the  military  committee  be  directed  to  en- 
quire into  the  expediency  of  receiving  "pieces  of  ordnance  and  their 
apparatus  in  lieu  in  part  of  this  State's  quota  of  United  State's  arms," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. "Resolved  that  the  Committee  of  Ways  and  means  be  instructed 
to  enquire  into  the  justice  of  remitting  a  part  of  the  debt  due,  from 
Daniel  and  Levi  Goss,  to  the  state,  and  report  by  bill  or  otherwise," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolu- 
tion. Also  "An  act  directing  [the  Treasurer  to  pay]  David  Morse  the 
sum  therein  mentioned"  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.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. —  The  Gov.  &  Council  met  pursuant  to  adjournment. 
On  motion,  Mr-  Wetmore  was  excused  from  serving  on  the  committee  of 
ways  and  means,  and  his  Honor  the  Lieut.  Governor  was  appointed  in 
his  place. 

The  petition  of  Catherine  Pitts,  a  convict  in  the  state's  prison,  was 
taken  up,  read  and  the  question  put  "  Shall  the  said  Catherine  Pitts  be 
discharged  from  confinement  ? "  which  was  determined  in  the  affirma- 
tive— Yeas  12,  Nays  0.  The  petition  of  Patrick  Patten  was  taken  up, 
read,  and  the  question  put  "  Shall  the  said  Patrick  Patten  be  discharged 
from  confinement?"  which  was  determined  in  the  affirmative  with  the 
following  condition  annexed  to  it,  that  the  said  Patrick  Patten  shall 
leave  the  State  of  Vermont  within  twenty  days  and  not  return  within 
the  same  —  Yeas  12,  Nays  0.  The  petition  of  Samuel  Phillips,  a  convict 
in  the  state  of  Vermont  prison,  was  taken  up,  read  and  the  question  put 
"Shall  the  said  Samuel  Phillips  be  discharged  from  confinement?" 
which  was  determined  in  the  affirmative,  upon  condition  that  he  depart 
from  the  state  within  twenty  days  —  Yeas  12,  Nays  0.  The  petitions  of 
Silas  Plumley,  of  James  Weston,  of  Amherst  Willes,  convicts  in  the 
state's  prison,  were  severally  taken  up,  read  [and]  on  motion  ordered  to 
be  dismissed.    Adjourned  to  9  Oclock  to  morrow  morning.' 

1  Mills  May  was  elected  Maj.  General  of  the  first  Division,  of  which 
no  note  was  made  on  the  Council  Journal. 


Governor  and  Council — October  1827.  271 

Tuesday  October  23, 1827.    9  Oclock  A.  M. 

The  Governor  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference — An  act  in  addi- 
tion to  an  act  entitled  an  act  directing  the  levying  and  serving  execu- 
tions— An  act  authorising  constables  of  the  several  towns  adjoining  the 
waters  of  Lake  Champlain  to  serve  process  beyond  the  charter  limits  of 
their  respective  towns — with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Judiciary  committee  ;  whereupon  Resolved  to 
concur  in  said  orders  of  reference.  Also  An  act  in  addition  to  the  sev- 
eral acts  for  making  and  laying  out  highways — with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  on  roads  and 
canals;  whereupon  Resolved  to  concur  in  said  order  of  reference.  Also 
An  act  to  preserve  the  fish  in  the  waters  of  Bristol,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  committee  raised  on  the 
petition  of  Jonathan  Houghton  and  others;  whereupon  resolved  to  con- 
cur in  said  order  of  reference.  Also  An  act  repealing  part  of  an  act 
therein  mentioned,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  General  Committee  ;  whereupon  resolved  to  concur  in 
said  order  of  reference.  Also  An  act  directing  the  Treasurer  to  pay 
Benjamin  Blaney  Sargent  the  sum  therein  mentioned;  The  account  of 
John  Dodge  ;  The  petition  of  John  Killburne,  with  an  order  of  the 
House  on  each  that  the  same  be  referred  to  the  committee  of  claims; 
whereupon  resolved  to  concur  in  said  several  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence — "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  Judiciary 
committee  be  instructed  to  enquire  into  the  expediency  of  altering  the 
law  [so  as]  that  personal  property  attached  on  debts  hereafter  contracted 
shall  be  appraised  to  the  creditor  if  demanded  by  the  debtor,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  resolution.  "Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  the  military  commit- 
tee be  instructed  to  enquire  into  the  expediency  of  so  altering  the  militia 
law  as  to  remove  any  uncertainties  in  reference  to  the  construction  of  the 
7th-  section  of  an  act  for  regulating  and  governing  the  militia  of  this  state, 
passed  16.  Nov.  1821,"  which  was  read;  whereupon  Resolved  to  concur 
in  passing  this  resolution.  "  Resolved,  the  Gov.  &  Council  concurring 
herein,  that  the  Judiciary  Committee  be  directed  to  enquire  into  the 
expediency  of  providing  by  law  that  bail,  who  may  deliver  up  their  prin- 
cipal in  a  Justice  Court,  shall  procure  the  attendance  of  a  proper  officer 
to  take  charge  of  the  principal,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  resolution.  "  Resolved,  the  Gov.  &  Council 
concurring  herein,  that  the  General  Committee  be  directed  to  enquire 
into  the  expediency  of  passing  a  law  empowering  the  several  towns  in 
this  state  to  enact  their  own  bye  laws  on  the  subject  of  horned  cattle 
running  at  large;  and  report  by  bill  or  otherwise,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution. 

The  petition  of  Elos  Ray  and  James  A.  Gillet,  praying  to  be  relieved 
from  a  conviction  of  theft  before  a  Justice  of  the  peace,  was  taken  up,  read 
and  the  question  put  "  Shall  a  pardon  be  granted  to  the  said  Elos  Ray  and 
James  A.  Gillet  r"  which  was  determined  in  the  affirmative — Yeas  13, 
Nays  0.  The  petition  of  Alexander  Wightman,  a  convict  in  the  state 
prison,  was  taken  up,  read  and  the  question  put  "  Shall  the  said  Alex- 
ander Wightman  be  discharged  from  confinement  ?"  which  was  deter- 
mined in  the  affirmative — Yeas  13,  Nays  0.  The  petition  of  Joel  H. 
Harvey,  praying  for  a  pardon,  was  taken  up,  read,  and  on  motion  ordered 
to  be  dismissed. 


272  Governor  and  Council — October  1827. 

Benjamin  Swan  Esq.  Treasurer  of  the  State,  appeared  in  the  Council 
chamber  and  presented  his  official  bond,  which  was  approved  by  the 
Gov.  &  Council,  when  His  Excellency  the  Governor,  in  the  presence 
of  the  Council,  administered  to  him  the  oath  of  office,  a  certificate  of 
which  was  entered  upon  said  bond.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. —  The  Gov.  &  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
or  proposals  of  amendment  to  wit,  "An  act  fixing  the  compensation  of 
the  Superintendant  of  the  State  prison  for  the  year  ensuing,"  which  was 
read  ;  whereupon  Resolved  to  concur  in  passing  this  bill  —  ordered  that 
the  Sec'y  inform  the  House  of  the  same. 

The  petition  of  Silas  Hathaway  Jr-  for  pardon,  was  taken  up,  read  and 
the  question  put  "  Shall  the  said  Silas  Hathaway  Junior  be  discharged 
from  confinement  ? "  which  was  determined  in  the  negative,  and  said 
petition  was  dismissed.  The  petition  of  John  Utley,  for  pardon,  was 
taken  up,  read  and  the  question  put  "  Shall  the  said  John  Utley  be  dis- 
charged from  confinement  ?  "  which  was  determined  in  the  affirmative — 
Yeas  12,  Nays  0.  The  petition  of  Paul  Brown,  for  pardon,  was  called 
up,  read  and  the  question  put  "Shall  the  said  Paul  Brown  be  discharged 
from  confinement?"  which  was  determined  in  the  affirmative  —  Yeas 
12,  Nays  0.    Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday  Oct.  24, 1827.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bill  for  revision  and  concurrence  or  proposals  of  amend- 
ment to  wit,  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in 
the  town  of  Brownington,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  the  Sec'r  inform  the  House  of 
the  same. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  Albee  Davison,  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 — The  petition  of  Judith  Randall  & 
others,  with  an  order  of  the  House  thereon  that  the  same  be  referred  to 
the  Committee  of  Ways  and  Means;  whereupon  resolved  to  concur  in 
said  order  of  reference — The  petition  of  Charles  Lindsley  and  others 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Committee  on  Land  taxes;  whereupon  Resolved  to  concur  in  said  order 
of  reference.  An  act  to  revive  an  act  passed  Nov.  15,  1820,  respecting 
landed  property — An  act  to  incorporate  certain  persons  therein  named 
by  the  name  of  the  Chainplain  glass  company — with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Judiciary  Committee; 
whereupon  resolved  to  concur  in  said  orders  of  reference.  An  act  au- 
thorising John  H.  Burton  .to  erect  a  wharf  at  St.  Albans  bay  in  the  town 
of  St.  Albans,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Committee  on  roads  and  canals  ;  whereupon  resolved  to" 
concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolutions  for  concurrence,  "  Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  a  committee  of  two 
members  of  this  House  be  raised  to  join  from  Council  to  enquire  into 
the  expediency  of  passing  a  law  for  the  appointment  of  inspectors  of 
lumber  in  the  several  towns  in  this  state  and  report  by  bill  or  other- 
wise," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution.    "  Resolved,  the  Gov.  &  Council  concurring  herein,  that  the 


G-overnor  and  Council — October  1827.  273 

Committee  of  Ways  and  Means  be  discharged  from  the  consideration  of 
the  petition  of  the  President  and  managers  of  the  Vermont  Colonization 
Society,  and  that  said  petition  be  referred  to  a  select  committee  of  four 
to  join  from  Council,  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  resolution.  "  Resolved,  the  Gov.  &  Council  concurring 
herein,  that  the  Military  Committee  be  instructed  to  inquire  whether 
any  and  if  any  what  alteration  shall  be  made  in  the  militia  laws  in  refer- 
ence to  the  compensation  for  services  of  those  persons  who  may  be  con- 
nected with  the  courts  martial  and  courts  of  enquiry,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  Committee  on 
roads  and  canals  be  requested  to  inquire  into  the  expediency  of  passing 
a  general  law  relative  to  passing  bridges  in  this  state,"  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  resolution.  "  Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  Military  Committee  be 
instructed  to  enquire  into  the  expediency  of  so  altering  the  law  as  to 
make  parents,  masters  and  guardians  liable  to  fines  for  the  nonappear- 
ance of  minors  under  their  care  liable  to  military  duty,"  which  was  read; 
whereupon  Resolved  to  concur  in  passing  this  resolution.  Adjourned 
to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  petition  of  Lemuel  Scott,  praying  for  a  pardon,  was  called  up,  read 
and  the  question  put  "  Shall  the  said  Lemuel  Scott  be  discharged  from 
confinement?"  which  was  determined  in  the  affirmative — Yeas  12, 
Nays  0. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
and  proposals  of  amendments  to  wit,  "  An  act  to  incorporate  the  Presi- 
dent, Directors  and  Company  of  the  bank  of  Bennington,"  which  was 
read  and  laid  upon  the  table— "  An  act  authorising  the  proprietors  of 
Piermont  bridge  to  erect  a  toll  gate  in  this  state,"  which  was  read  and 
thereupon  amendments  were  proposed  which  were  read  and  adopted; 
whereupon  Resolved  to  concur  in  passing  this  bill  with  said  proposals 
of  amendment  and  Mr-  Thompson  was  appointed  to  assign  reasons  to 
the  House  who  assigned  the  same  in  writing.  Ordered  that  the  Sec'y 
return  said  bill  and  reasons  to  the  house. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
"An  act  to  incorporate  certain  persons  therein  named  by  the  name  of 
the  Champlain  glass  company,"  with  an  order  of  the  House  thereon  that 
the  same  be  recommitted  to  the  Judiciary  committee  ;  whereupon  re- 
solved to  concur  in  said  order  of  reference. 

Mr  Langdon,  on  motion,  had  leave  of  absence  granted  him  for  one 
week.     Adjourned  to  9  Oclock  to  morrow  morning. 

Thursday  Oct.  25, 1827.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bills  for  revision  and  concurrence  and  proposals  of 
amendment—  "An  act  to  incorporate  the  President,  Directors  and  Com- 
pany of  the  bank  of  Bennington,"  which  was  read  ;  whereupon  Resolved 
to  concur  in  passing  this  bill. — Yeas  9,  Nays  2.  Those  who  voted  in  the 
affirmative  are  Messrs.  Deming,  Fitch,  Holley,  Hopkinson,  Merrill,  Rob- 
erts, Thompson,  Wetmore,  Worthington. — Those  who  voted  in  the  neg- 
ative Messrs.  Crafts,  Pierpoint.  "An  act  laying  a  tax  of  three  cents  on 
each  acre  of  land  in  the  town  of  Hancock,"  which  was  read;  whereupon 
Resolved  to  concur  in  passing  this  bill.  "An  act  directing  the  Treasurer 
to  pay  Hylon  Knapp  the  sum  therein  mentioned,"  which  was  read  ; 

18 


274  Governor  mid  Council — October  1827. 

whereupon  Resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  passage  of  the  three  bills  last  mentioned. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
An  act  for  the  relief  of  William  Atkinson  and  others,  An  act  in  addition 
to  an  act  constituting  Probate  courts  &c.  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  Judiciary  Committee  ;  whereupon 
Resolved  to  concur  in  said  orders  of  reference.  An  act  incorporating 
the  Lamoile  and  Elmore  iron  factory  and  mining  Company,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  Committee 
on  Manufactures  ;  whereupon  Resolved  to  concur  in  said  order  of  refer- 
ence. An  act  directing  the  Treasurer  to  pay  Stephen  Haight  the  sum 
therein  mentioned — An  act  directing  the  Treasurer  to  pay  William 
Slade  the  sum  therein  mentioned,  with  an  order  of  the  House  on  each 
that  the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  re- 
solved to  concur  in  said  orders  of  reference.  An  act  laying  a  tax  of  four 
cents  on  each  acre  of  land  in  the  town  of  Fairlee — The  Remonstrance  of 
Martin  Evarts  and  others,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  land  tax  Committee  ;  whereupon  resolved  to 
concur  in  said  orders  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence  —  "  Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  the  Quarter  Master 
General  be  and  he  hereby  is  directed  to  report  to  the  General  Assembly 
as  soon  as  may  be  the  number  and  condition  of  the  arms  received  from 
the  United  States  now  in  his  keeping,  the  number  of  pieces  of  ordnance 
which  have  been  furnished  by  the  state  to  the  several  brigades  of  militia, 
designating  the  brigades  which  have  been  so  furnished  and  the  brigades 
which  are  now  destitute,"  which  was  read  ;  whereupon  Resolved  to 
concur  in  passing  this  resolution.  "Resolved,  the  Gov.  &  Council  con- 
curring herein  that  the  General  Committee  be  instructed  to  enquire 
into  the  expediency  of  repealing  so  much  of  the  first  section  of  an  act 
relating  to  pounds  as  gives  the  penalty  of  thirty  dollars  to  any  person 
who  will  sue  for  the  same,"  which  was  read  ;  whereupon  Resolved  to 
concur  in  passing  this  resolution.  "Resolved,  the  Gov.  &  Council  con- 
curring herein,  that  the  Committee  on  education  be  instructed  to  en- 
quire into  the  expediency  of  so  amending  the  act  for  the  support  of 
common  Schools,  passed  Oct.  31,  1797,  as  to  empower  the  several  towns 
in  this  state  to  appoint  a  committee  of  three  or  more  persons  to  divide 
and  apportion  the  public  money  among  their  respective  school  districts, 
and  also  into  the  expediency  of  repealing  an  act  entitled  an  act  in  addi- 
tion to  an  act  for  the  support  of  schools,  passed  Nov.  15, 1826,"  which 
was  read  ;   whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  revision  and  concurrence  or 
proposals  of  amendment,  M  An  act  laying  a  tax  of  five  cents  on  each 
acre  of  land  in  the  town  of  Mountholly,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  bill. 

The  petition  of  Zurishaddai  Kinney,  praying  to  be  relieved  against  a 
conviction  for  theft,  before  a  Justice  of  the  peace,  was  read  and  the 
question  put  "  Shall  a  pardon  be  granted  to  the  said  Zurishaddai  Kin- 
ney?" which  was  determined  in  the  affirmative — Yeas  11,  Nays  0. 
Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  for  revision  and  concurrence  or  pro- 
posals of  amendment — "  An  act  appropriating  the  sum  of  money  therein 
mentioned  to  defray  the  expenses  of  the  Council  of  Censors,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
incorporating  the  Gneiss  bottom  manufacturing  Company,"  which  was 


G-overnor  and  Council — October  1827.  275 

read;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
to  preserve  the  fish  in  Readsboro  pond,"  which  was  read  ;  whereupon 
resolved  not  to  concur  in  passing  this  bill  and  Mr-  Roberts  was  appoint- 
ed to  assign  the  reasons  of  the  Council  for  their  nonconcurrence,  who 
assigned  the  same  in  writing.  Ordered  that  the  Sec'?  return  said  bills 
and  reasons  to  the  House. 

The  petition  of  Josiah  K.  Parkhurst,  for  pardon,  was  taken  up,  read 
and  on  motion  ordered  to  be  dismissed. 

The  House  sent  up  the  following  bill  for  concurrence  in  the  reference 
— An  act  laying  a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of 
Sutton,  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.     Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  Oct.  26, 1827.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference — The  petition  of  Wil- 
liam G.  Page  and  others,  and  of  Reuben  Ellis,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  the  Military  committee  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  An  act  laying  a 
tax  of  three  cents  on  each  acre  of  land  in  the  town  of  Burke,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  land  tax 
committee — An  act  in  addition  to  an  act  granting  a  toll  bridge  to  Samuel 
Parsons — An  act  for  the  relief  of  the  town  of  Brookfield,  with  an  order 
of  the  House  on  each  that  the  same  be  referred  to  the  committee  on 
roads  and  canals  ;  whereupon  resolved  to  concur  in  said  several  orders 
of  reference.  An  act  in  addition  to  the  several  acts  relating  to  jails  and 
jailers,  and  for  the  relief  of  persons  imprisoned  therein,  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. 

The  House  sent  up  the  following  resolutions  for  concurrence  —  "Re- 
solved, the  Gov.  &  Council  concurring  herein,  that  the  Treasurer  of  this 
state  be  directed  to  communicate  to  this  House  the  number  and  names 
of  the  agents  of  foreign  insurance  Companies,  who  have  executed  bonds 
for  the  payment  of  the  eight  per  cent,  on  premiums  agreeably  to  the  act 
of  1825,  and  also  the  amount  paid  in  by  each  agent,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution.  "Resolved, 
the  Gov.  &  Council  concurring  herein,  that  the  Military  Committee  be 
instructed  to  enquire  whether  any  and  if  any  what  alterations  are  neces- 
sary to  be  made  in  the  thirteenth  section  of  an  act  entitled  an  act  for 
regulating  and  governing  the  militia  of  this  state,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  seut  up  the  following  bills  for  revision  and  concurrence 
&c— "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Topsham,"  which  was  read  and  thereupon  amendments  were  pro- 
posed to  said  bill,  which  were  read  and  adopted  ;  whereupon  resolved  to 
concur  in  passing  this  bill  with  said  proposals  of  amendment  and  Mr- 
Fitch  is  appointed  to  assign  reasons  to  the  House.  "An  act  laying  a 
tax  of  four  cents  on  each  acre  of  land  in  the  town  of  Morgan,"  which 
was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  "An  act 
in  explanation  of  an  act  therein  mentioned,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'? 
inform  the  House  of  the  passage  of  the  two  bills  last  mentioned. 

Adjourned  to  2  Oclock  P.  M. 


276  Governor  and  Council — October  1827. 

2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c— "  An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Elmore,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  "  An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the 
town  of  Fletcher,"  which  was  read  ;  whereupon  resolved  to  concur  in 
passing  this  bill.  "  An  act  for  the  relief  of  the  town  of  Stratton,"  which 
was  read  ;  whereupon  Eesolved  to  concur  in  passing  this  bill.  Ordered 
that  the  See'?  return  said  last  mentioned  bills  to  the  House.  Adjourned 
to  9  Oclock  to  morrow  moraine:. 


Saturday  Oct.  27, 1827.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bill  for  revision  and  concurrence  &c. — '•  An  act  annex- 
ing a  part  of  the  town  of  Fairfield  to  the  town  of  St.  Albans,  and  a  part 
of  the  town  of  St.  Albans  to  the  town  of  Fairfield,"  which  was  read  and 
thereupon  amendments  were  proposed  to  the  same  which  were  read  and 
adopted  ;  whereupon  resolved  to  concur  in  passing  this  bill  with  the  said 
proposals  of  amendment  and  Mr-  Deming  was  appointed  to  assign  the 
reasons  of  the  Council  to  the  House.  "An  act  granting  relief  and  further 
time  for  making  a  road  in  the  town  of  Dover,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  in- 
form the  House  of  the  passage  of  the  bill  last  mentioned. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
"  An  act  entitled  an  act  to  repeal  an  act  therein  mentioned" — "  An  act 
relating  to  the  turnpike  bridges  in  Royalton  and  Woodstock," — with  an 
order  of  the  House  on  each  that  the  same  be  referred  to  the  Committee 
on  roads  and  canals  ;  whereupon  Resolved  to  concur  in  said  orders  of 
reference.  The  petition  of  Judith  Randall  and  others,  with  an  order  of 
the  House  thereon  that  the  same  be  referred  to  the  Committee  of  Ways 
and  means  ;  whereupon  resolved  to  concur  in  said  order  of  reference. 
An  act  in  addition  to  an  act  entitled  an  act  to  restrain  swine  from  going 
at  large,  passed  Nov.  2d,  1799,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  General  Committee  ;  whereupon  resolved  to 
concur  in  said  order  of  reference.  An  act  relating  to  camp-meetings,  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. 

The  House  sent  up  the  following  resolutions  for  concurrence  —  "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  committee  of 
new  trials  be  and  are  hereby  instructed  to  enquire  into  the  expediency 
of  so  altering  the  laws  as  to  give  more  time  to  persons  to  petition  the 
Supreme  and  County  Courts  for  new  trials  where  the  reasons  for  such 
petitions  shall  be  the  discovery  of  new  evidence,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution.  "  Resolved, 
the  Gov.  &  Council  concurring  herein,  that  the  Judiciary  Committee  be 
instructed  to  enquire  into  the  expediency  of  providing  by  law  that  the 
Judges  of  the  Supreme  Court  shall,  far  as  possible,  be  assigned  to  cir- 
cuits in  which  they  do  not  reside,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  resolution.  "Resolved,  the  Gov.  &  Council 
concurring  herein,  that  so  much  of  his  Excellency's  Speech  as  relates  to 
manufactures  be  referred  to  the  Committee  on  manufactures  ;  and  that 
the  Committee  on  manufactures  be  instructed  to  enquire  into  the  expe- 
diency of  passing  a  law  making  provision  that  all  manufactories  of  iron, 
wool,  cotton  and  glass  within  this  state  shall  be  exempted  from  taxation 


Governor  and  Council — October  1827.  277 

for  the  term  of  fifteen  years,"   which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  resolution. 

Mr  Hopkinson  was  appointed  on  the  committee  on  roads  and  canals, 
to  serve  during  the  absence  of  M>  Langdon.  Adjourned  to  2  Oclock 
P.M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  for  revision  &  concurrence  &c.  —  "An 
act  incorporating  certain  persons  therein  named  by  the  name  of  the 
Champlain  glass  Company,"  which  was  read  ;  whereupon  Resolved  to 
concur  with  the  House  in  passing  this  bill  with  certain  proposals  of 
amendment,  which  were  thereupon  proposed  and  adopted  and  Mr-  Pier- 
point  was  appointed  to  assign  the  reasons  of  the  Council  to  the  House. 
Adjurned  to  9  Oclock  Monday  morning. 


Monday  Oct.  29, 1827.    9  Oclock  A.  M. 

The  Gov.  &  Couucil  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference — An  act  in  addition  to 
an  act  entitled  an  act  to  authorise  the  Supreme  Court  to  empower 
Guardians  to  sell  the  real  estate  of  their  wards  —  An  act  in  addition  to 
the  several  acts  constituting  the  Supreme  and  County  Courts  and  regu- 
lating judicial  proceedings  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  Judiciary  Committee.  Also  An  act  levying  a  tax 
on  the  County  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  several  orders  of  reference.  An  act  directing  the 
Treasurer  of  this  state  to  credit  the  town  of  Troy  the  amount  therein 
mentioned — An  act  making  an  appropriation  for  the  payment  of  a  Con- 
vention that  may  be  convened  by  order  of  the  Council  of  Censors,  with 
an  order  of  the  house  thereon  that  the  same  be  referred  to  the  Commit- 
tee of  Ways  and  means;  whereupon  Resolved  to  concur  in  said  orders  of 
reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  to  preserve  fish  in  Minard's  pond,"  which  was  read; 
whereupon  Resolved  not  to  concur  in  passing  this  bill  and  Mr-  Roberts 
is  appointed  to  assign  the  reasons  of  the  Council  to  the  House.  "An 
act  regulating  the  mode  of  adminstering  oaths  in  certain  cases  therein 
mentioned,"  which  was  read;  whereupon  Resolved  not  to  concur  in 
passing  this  bill  and  Mr-  Fitch  was  appointed  to  assign  the  reasons  of 
the  Council  to  the  House.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  for  concurrence  in  the  reference — "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  33d  section 
of  the  constitution  of  this  state  imperiously  demands  from  this  legislature 
such  legislative  provisions  as  will  effectually  prevent  the  repeated  and  con- 
tinued imprisonment  of  debtors  who  have  no  property;  or  those  debtors 
who  will  deliver  up  and  assign  over  all  their  property  for  the  benefit  of 
their  creditors;  and  that  the  existing  laws  on  that  subject  fall  far  short 
of  extending  to  that  class  of  our  citizens  that  protection  and  enjoyment 
of  their  rights  which  [are]  guaranteed  to  them  by  the  constitution;  and 
therefore  also  resolved  that  the  Judiciary  Committee  be  directed  to 
report  a  bill  to  prevent  the  body  of  a  debtor  from  being  imprisoned,  if 
he  will  deliver  up  all  his  property,  except  such  as  is  exempt  by  law 
from  execution,  for  the  benefit  of  his  creditors  " — which  was  read,  and 
thereupon  amendments  were  proposed  to  the  same  which  were  read 


278  Governor  and  Council — October  1827. 

and  adopted;  whereupon  Resolved  to  concur  in  passing  this  resolution 
with  said  proposals  of  amendment  and  the  same  was  returned  to  the 
House  for  their  concurrence. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
— "  An  act  in  explanation  of  an  act  and  in  addition  to  an  act  entitled  an 
act  constituting  Probate  Courts  and  defining  their  powers  and  regula- 
ting the  settlement  of  testate  and  intestate  estates  and  the  guardianship 
of  minors  and  insane  persons,"  which  was  read  and  thereupon  amend- 
ments were  proposed  to  said  Dill  which  were  read  and  adopted;  where- 
upon Resolved  to  concur  in  passing  this  bill  with  said  proposals  of 
amendment  and  Mr-  Deming  is  appointed  to  assign  the  reasons  of  the 
House.  "  An  act  in  addition  to  an  act  entitled  an  act  to  incorporate  the 
Sandbar  bridge  Company  passed  Oct.  30, 1826,"  which  was  read;  where- 
upon Resolved  to  concur  in  passing  this  bill.  Ordered, 'that  the  Sec'*- 
inform  the  House  of  the  passage  of  the  bill  last  mentioned.  Adjourned 
to  9  Ocloqk  to  morrow  morning. 


Tuesday  Oct.  30, 1827.    9  Oclock  A.  M. 

The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  resolutions  for  concurrence — "  Resolved,  the  Gov.  & 
Council  concurring  herein,  that  the  Judiciary  Committee  be  instructed 
to  enquire  whether  any  and  if  any  what  alteration  is  necessary  to  remove 
any  uncertainties  in  reference  to  the  construction  of  so  much  of  the  3d 
section  of  an  act,  directing  the  mode  of  election  of  Governor,  Lieut.  Gov., 
Treasurer,  Councillors  and  representatives,  passed  Nov.  2d-  1797,  as 
relates  to  the  election  of  representatives,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  resolution.  "Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  Judiciary  Committee  be  in- 
structed to  enquire  into  the  expediency  of  passing  an  act  defining  what 
shall  be  considered  the  settlement  of  a  minister  so  as  to  hold  the  first 
settled  minister's  right  of  land  in  any  town  in  this  state,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  resolution.  "  Resolved, 
the  Gov.  <&  Council  concurring  herein,  that  the  General  Committee  be 
instructed  to  enquire  into  the  expediency  of  furnishing  blanks  to  the 
several  towns  in  this  state  upon  which  to  make  up  the  general  List," 
which  was  read:  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference,  An 
act  directing  the  Treasurer  to  pay  Joseph  Thomas  the  sum  therein 
mentioned,  with  an  order  thereon  that  the  same  be  referred  to  the 
Committee  of  Claims  ;  whereupon  resolved  to  concur  in  said  order 
of  reference.  An  act  directing  the  Treasurer  to  pay  Harvey  Deming 
and  Aaron  Barrows  the  sum  therein  mentioned,  with  an  order  of  the 
House  thereon  that  the  same  be  referred  to  the  Committee  of  Ways  and 
Means  ;  whereupon  resolved  to  concur  in  said  order  of  reference.  An 
act  in  addition  to  an  act  relating  to  levying  executions  and  poor  debtors, 
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. 

The  House  sent  up  the  following  resolution  for  concurrence:  "Re- 
solved, the  Governor  and  Council  concurring  herein,  that  both  houses 
meet  in  joint  committee  in  the  representatives'  room,  on  friday  next 
at  ten  oclock  in  the  forenoon,  for  the  purpose  of  electing  a  Brigadier 
General  of  the  third  brigade  in  the  first  division  of  the  militia,  to  fill  the 
vacancy  occasioned  by  the  promotion  of  Major  General  May,"  which 


Governor  and  Council — October  1827.  279 

was  read;  whereupon  Resolved  to  concur  in  passing  this  resolution, 
and  the  Sec'*  was  ordered  to  inform  the  House  of  the  same. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c— "  An  act  relating  to  the  2d-  West  river  bridge  in  Dummerstou," 
which  was  read  and  thereupon  amendments  were  proposed  to  the  same 
which  were  read  and  adopted;  whereupon  Resolved  to  concur  in  passing 
this  bill  with  said  proposals  of  amendment,  and  Mr-  Thompson  was  ap- 
pointed to  assign  the  reasons  of  the  Council.  "  An  act  directing  the 
Treasurer  of  this  state  to  pay  William  Slade  the  sum  therein  mentioned," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Or- 
dered that  the  Sec'^  inform  the  House  of  the  same. 

On  motion  of  Mr-  Fitch,  voted  to  reconsider  the  vote  dismissing  the 
petition  of  John  Jenness,  a  prisoner  confined  in  the  state  prison,  and 
thereupon  the  question  was  put  "  Shall  the  said  John  Jenness  be  dis- 
charged from  confinement  ?"  which  was  determined  in  the  affirmative — 
Yeas  9,  Nays  3.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bills  for  concurrence  &  revision  or 
proposals  of  amendment — "An  act  laying  a  tax  of  four  cents  on  each  acre 
of  land  in  the  town  of  Brookline,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  "An  act  laying  a  tax  of  four  cents  on  each 
acre  of  land  in  the  town  of  Parkerstown  "  [Mendon,]  which  was  read; 
whereupon  resolved  to  concur  in  passing  this  bill.  "An  act  laying  a  tax 
of  four  cents  on  each  acre  of  land  in  the  town  of  Newark,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  "An  act  laying 
a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of  Sutton,"  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  "An  act 
laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town  of  Salem," 
which  was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  Or- 
dered that  the  Sec'?  inform  the  House  of  the  passage  of  the  five  bills  last 
mentioned.    Adjourned  to  9  Oclock  to  morrow  morning. 


Wednesday  Oct.  31, 1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  appointment.  The  House  sent 
up  the  following  bills  for  revision  and  concurrence  &c. — "An  act  direct- 
ing the  Treasurer  of  this  state  to  pay  Stephen  Haight  the  sum  therein 
mentioned,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill  with  certain  proposals  of  amendment  which  were  then  read  and 
adopted  and  Mr-  Pierpoiut  was  appointed  to  assign  the  reasons  of  the 
Council.  "An  act  authorizing  Constables  of  the  several  towns  adjoining 
the  waters  of  Lake  Champlain  to  serve  process  beyond  the  charter  limits 
of  their  respective  towns,"  which  was  read  and  thereupon  amendments 
were  proposed  to  said  bill  which  were  read  and  adopted  ;  whereupon 
Resolved  to  concur  in  passing  this  bill  with  said  proposals  of  amendment 
and  M>  Thompson  was  appointed  to  assign  the  reasons  of  the  Council. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
An  act  to  repeal  an  act  therein  mentioned,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  General  Committee;  where- 
upon resolved  to  concur  in  said  order  of  reference.  An  act  taxing  agents 
of  foreign  insurance  Companies,  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.  An  act  granting  further  time  for 
making  a  road  in  the  towns  of  Salem  and  Derby,  with  an  order  of  the 
House  thereon  that  [the  same]  be  referred  to  the  committee  on  roads 


280  Governor  and  Council — November  1827. 

and  canals;  whereupon  resolved  to  concur  in  said  order  of  reference. 
Adjourned  to  2  Oclock  P.  M.     , 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. A  message  was  received  from  the  House,  by  Mr-  Cushman  of 
Guildhall,  one  of  its  members,  inlorming  that  the  House  had  noncon- 
cured in  the  amendment  proposed  by  the  Gov.  and  Council  to  the  reso- 
lution introduced  by  Mr  Keeler  on  the  twenty  seventh  instant  [on  im- 
prisonment for  debt,]  and  after  assigning  the  reasons  of  the  House  he 
withdrew.  Whereupon  Resolved  to  rescind  from  the  amendment  here- 
tofore proposed  to  said  resolution,  and  thereupon  a  further  amendment 
was  proposed  to  said  resolution  which  was  read  and  adopted  ;  where- 
upon Resolved  to  concur  in  passing  this  resolution  with  said  last  pro- 
posal of  amendment,  and  His  Honor  the  Lieut.  Gov.  was  appointed  to 
assign  the  reasons  of  the  Council. 

Mr-  Pierpoint  moved  to  reconsider  the  vote  dismissing  the  petition  of 
Adonijah  Hewett.     Adjourned  to  9  Oclock  to  morrow  morning. 


Thursday  Nov.  1,  1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit — An  act  making 
further  provision  for  the  relief  of  poor  debtors,  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. 

A  written  message  was  received  from  the  House  informing  that  the 
House  had  concurred  in  the  amendment  proposed  by  the  Gov.  and 
Council  to  the  resolution  introduced  by  Mr-  Keeler  on  the  27th  of 
October. 

The  House  sent  up  the  following  for  revision  and  concurrence  or 
proposals  of  amendment  to  wit  —  "An  act  laying  a  tax  of  three  cents 
on  each  acre  of  land  in  the  town  of  Burke,"  which  was  read;  whereupon 
Resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'*  inform 
the  House  of  the  same.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.  The  Gov.  and  Council  met  pursuant  to  adjournment. 
Mr-  Langdon  appeared  in  the  Council  and  took  his  seat. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  or 
proposals  of  amendment  to  wit,  u  An  act  for  the  relief  of  William  At- 
kinson and  others,"  with  an  order  of  the  House  thereon  that  the  same  be 
sent  to  the  Gov.  and  Council  for  their  revision  &c.  which  was  read  ; 
whereupon  Resolved  to  concur  in  passing  this  bill.  Also  "An  act  to  re- 
peal an  act  therein  mentioned,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Ordered  that  the  Sec'*  inform  the  House  of 
the  passage  of  the  two  bills  last  mentioned.  Adjourned  to  9  Oclock  to 
morrow  morning. 


Friday  Nov.  2, 1827.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  resolutions  for  concurrence  to  wit  —  "  Resolved,  that  in 
the  opinion  of  this  House  the  policy  adopted  by  the  present  administra- 
tion of  the  General  Government  is  well  calculated  to  promote  the  per- 
manent prosperity  of  the  nation,  and  is  approved  by  the  people  of  Ver- 
mont ;  and  that  the  re-election  of  John  Quincy  Adams  to  the  Presidency 
of  the  United  States  is  an  object  highly  desirable.  Resolved  that  the 
foregoing  resolution  be  communicated  to  the  Gov.  and  Council  for  their 


Governor  and  Council — November  1827.  281 

concurrence,"  which  was  read;  whereupon  Resolved  to  concur  in  passing 
this  resolution. " 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
An  act  in  addition  to  an  act  ascertaining  the  principles  on  which  the  list 
of  this  state  shall  be  made  and  directing  listers  in  their  office  and  duty, 
An  act  in  addition  to  and  alteration  of  an  act  entitled  an  act  constitut- 
ing the  Supreme  Court  of  Judicature  and  County  Courts,  defining  their 
powers  and  regulating  judicial  proceedings,  with  an  order  of  the  House 
on  each  that  the  same  be  referred  to  Ihe  Judiciary  Committee  ;  where- 
upon resolved  to  concur  in  said  orders  of  reference.  The  petition  of  the 
Selectmen  of  Moretown,  and  An  act  in  addition  to  an  act  laying  a  tax  on 
the  town  of  Troy,  passed  Nov.  3,  1826,  with  an  order  of  the  House  on 
each  that  the  same  be  referred  to  the  land  tax  Committee  ;  whereupon 
resolved  to  concur  in  said  orders  of  reference.  An  act  authorizing  the 
Treasurer  of  this  state  to  deed  lands,  with  an  order  of  the  House  there- 
on that  the  same  be  referred  to  the  Committee  of  Ways  and  Means  ; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Resolved, 
the  Gov.  and  Council  concurring  herein,  that  the  two  houses  meet  in 
Joint  Committee  on  friday  morning  the  2d  Nov.  for  the  purpose  of  choos- 
ing three  Directors  of  the  Vermont  State  bank  ;  also  a  committee  as 
provided  by  law  for  the  inspection  and  examination  of  the  proceedings 
of  the  respective  banks  within  this  state  and  to  report  the  state  of  said 
banks  at  the  next  session  of  the  Legislature,"  which  was  read  ;  where- 
upon Resolved  to  concur  in  passing  this  resolution.  "  Resolved,  the 
Gov.  &  Council  concurring  herein,  that  so  much  of  his  excellency's 
Speech  as  relates  to  the  next  presidential  election  be  referred  to  a  select 
committee  of  six  to  join  from  Council,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  resolution,  and  Mr-  Deming  is  appointed 
from  Council.     Adjourned  to  2  Oclock  P.  M.2 

2  Oclock  P..  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 
Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Nov  3, 1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  Gov.  re- 
tired and  His  Honor  the  Lieut.  Gov.  took  the  chair.  The  House  sent 
up  the  following  for  concurrence  in  the  reference — The  petition  of  Sam- 
uel Snow,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  committee  raised  on  the  petition  of  Samuel  Wiswall  ;  whereupon 
resolved  to  concur  in  said  order  of  reference.  The  petition  of  Oliver 
Thayer  and  others  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  committee  raised  on  the  petition  of  Joseph  Collins  and 
others  ;  whereupon  resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence  or 
proposals  of  amendment— "An  act  appointing  a  collector  in  the  town  of 

'In  the  General  Assembly  these  resolutions  were  adopted  by  yeas  and 
nays  :  yeas  165,  nays  35.  Politically,  from  that  time  to  this,  with  the 
exception  of  the  intervention  of  anti-masonry  and  the  extraordinary 
election  of  1853,  Vermont  has  been  styled  "The  Star  that  never  sets." 

2  Justus  Burdick  was  elected  Brig.  General  ;  Benjamin  Swan,  Job 
Lyman  and  John  Jackson  Directors  of  the  Vermont  State  Bank  ;  and 
Robert  Pierpoint  Bank  Committee.    Not  noted  in  the  Council  Journal. 


282  Governor  and  Council — November  1827. 

Bridge  water,"  which  was  read  ;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  Also  "  An  act  to  incorporate  the  President,  Directors  and 
Company  of  the  bank  of  Orange  County,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  "  An  act  annexing  a  part  of  the 
town  of  Pittsfield  to  the  town  of  Sherburne,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'y  in- 
form the  House  of  the  passage  of  [the]  three  bills  last  mentioned. 
Also  "  An  act  repealing  an  act  therein  mentioned,"  which  was  read  ; 
whereupon  Resolved  not  to  concur  in  passing  this  bill  and  Mr-  Pierpoint 
was  appointed  to  assign  the  reasons  of  the  Council  for  their  nonconcur- 
rence.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bill  for  revision  and  concur- 
rence or  proposals  of  amendment — "An  act  for  the  relief  of  Daniel  and 
Levi  Goss,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  Ordered  that  Sec'?  inform  the  House  of  the  same.  Adjourned 
to  9  Oclock  Monday  morning. 


Monday  Nov.  5, 1827.    9  Oclock  A.  M. 

The  Council  met  pursuant  to  adjournment — His  Honor  the  Lieut. 
Governor  in  the  chair.  The  House  sent  up  the  following  for  concur- 
rence in  the  reference — An  act  directing  the  Treasurer  to  pay  Thomas 
Burnside  the  sum  therein  mentioned,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  of  Claims;  whereupon  re- 
solved to  concur  in  said  order  of  reference.  An  act  to  preserve  fish  in 
Fairlee  Lake,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  committee  raised  on  the  petition  of  Jonathan  Houghton 
and  others;  whereupon  resolved  to  concur  in  said  order  of  reference. 
An  act  annexing  a  part  of  the  town  of  Bolton  to  the  town  of  Waterbury 
in  the  County  of  Washington,  with  an  order  of  the  House  thereon  that 
the  same  be  recommitted  to  the  committee  who  reported  it;  whereupon 
resolved  to  concur  in  said  order  of  recommitment.  An  act  in  addition 
to  an  act  relating  to  levying  executions  and  to  poor  debtors,  with  an  or- 
der of  the  House  thereon  that  the  same  be  referred  to  the  Judiciary 
Committee;  whereupon  resolved  to  concur  in  said  order  of  reference. 
An  act  in  addition  to  an  act  entitled  an  act  to  restrain  swine  from  going 
at  large,  passed  Nov.  2d-  1799,  with  an  order  of  the  House  thereon  that 
the  same  be  recommitted  to  the  General  Committee  ;  whereupon  re- 
solved to  concur  in  said  order  of  recommitment. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  Judiciary 
Committee  be  instructed  to  enquire  into  the  expediency  of  so  amending 
the  Probate  law  as  to  limit  the  time  when  persons  absent  from  their 
families  or  residence,  and  unheard  of,  shall  be  considered  as  dead  so  as 
to  authorise  the  Probate  Courts  to  proceed  to  the  settlement  of  their 
estates,  and  report  by  bill  or  otherwise" — which  was  read;  whereupon 
resolved  to  concur  in  passing  this  resolution. 

On  motion,  Mr-  Fitch  was  excused  from  serving  on  the  committee 
raised  upon  the  resolution  relating  to  the  appointment  of  inspectors  of 
lumber,  and  Mr-  Hopkinson  was  appointed  in  his  place. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
— "An  act  in  addition  to  an  act  entitled  an  act  ascertaining  the  princi- 
ples on  which  the  list  of  this  state  shall  be  made  and  directing  listers  in 
their  office  and  duty,"  which  was  read;  whereupon  resolved  to  concur  in 


Governor  and  Council — November  1827.  283 

passing  this  bill — ordered  that  Sec'y  inform  the  House  of  the  same.    Ad- 
journed to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. The  House  sent  up  the  following  bills  for  revision  and 
concurrence  &c. — "An  act  laying  a  tax  of  three  cents  on  each  acre  of 
land  in  the  town  of  Glover,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  "An  act  to  repeal  part  of  an  act  therein 
mentioned,"  which  was  read;  whereupon  resolved  to  concur  in  passing 
this  bill.  "An  act  granting  a  further  time  for  making  a  road  in  the 
towns  of  Salem  and  Derby,"  which  was  read:  whereupon  resolved  to 
concur  in  passing  this  bill.  "  An  act  directing  the  Treasurer  of  this 
state  to  credit  the  town  of  Troy  the  amount  therein  mentioned,",  which 
was  read;  whereupon  resolved  to  concur  in  passing  this  bill.  "An  act 
directing  the  Treasurer  of  this  state  to  pay  Harvey  Deming  and  Aaron 
Barrows  the  sum  therein  mentioned,"  which  was  read;  whereupon 
resolved  to  concur  in  passing  this  bill.  "  An  act  explanatory  of  the 
second  section  of  an  act  entitled  an  act  ascertaining  the  principles  on 
which  the  list  of  this  state  shall  be  made  and  directing  listers  in  their 
office  and  duty,"  which  was  read;  whereupon  Kesolved  not  to  concur 
in  passing  this  bill  and  the  reasons  of  the  Council  were  assigned  in 
writing  by  the  Hon.  Mr-  Langdon. 

The  petition  of  Susannah  Collins,  who  had  been  convicted  of  theft, 
praying  for  pardon,  was  called  up,  read  and  the  question  put  "  Shall  a 
pardon  be  granted  to  the  said  Susannah  Collins?  "  which  was  deter- 
mined in  the  affirmative— Yeas  10,  Nays  0.  Adjourned  to  9  Oclock  to 
morrow  morning. 


Tuesday  Nov.  6, 1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence — "  Resolved,  the  Gov. 
&  Council  concurring  herein,  that  both  houses  meet  in  Joint  Committee 
in  the  representatives'  room  on  tuesday  the  sixth  of  Nov.  at  two  oclock 
in  the  afternoon,  for  the  purpose  of  electing  an  assistant  Justice  of  the 
Supreme  Court  for  the  year  ensuing  to  fill  the  vacancy  occasioned  by 
the  resignation  of  Judge  Royce;  and  also  to  appoint  three  Commission- 
ers under  the  act  for  the  benefit  of  the  deaf  and  dumb,"  which  was  read, 
and  thereupon  an  amendment  was  proposed  to  the  same  which  was 
read  and  adopted;  whereupon  Resolved  to  concur  with  the  House  in 
passing  this  resolution  with  said  proposal  of  amendment.  "Resolved, 
the  Gov.  &  Council  concurring  herein,  that  the  Military  Committee  be 
instructed  to  enquire  into  the  expediency  of  calling  in  the  arms  distrib- 
uted to  the  towns  of  this  state,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
An  act  to  provide  for  the  establishment  of  County  poor-houses,  with  an 
order  of  the  house  thereon  that  the  same  be  referred  to  a  select  commit- 
tee of  three  to  join  from  Council  ;  whereupon  resolved  to  concur  in  said 
order  of  reference  and  Mr-  Wetmore  is  appointed  from  Council.  An  act 
in  addition  to  an  act  for  regulating  and  governing  the  militia  of  the  state, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the 
Military  Committee,  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. 

On  motion  of  Mr-  Thompson,  the  Council  reconsidered  the  vote  dis- 
missing the  petition  of  Ebenezer  Barnes,  and  thereupon  the  question 


284  Governor  and  Council — November  1827. 

was  put  "  Shall  the  said  Ebenezer  Barnes  be  discharged  from  confine- 
ment ?"  which  was  determined  in  the  affirmative  —Yeas  10,  Nays  0. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
An  act  providing  for  the  admeasurement  of  wood  and  weighing  of  hay, 
with  an  order  of  the  House  thereon  that  the  same  be  referred  to  the  Ju- 
diciary Committee  ;  whereupon  resolved  to  concur  in  said  order  of  ref- 
erence. An  act  in  addition  to  an  act  entitled  an  act  relating  to  the  gov- 
ernment of  the  State  prison,  with  an  order  of  the  house  thereon  that  the 
same  be  referred  to  the  Committee  of  ways  and  means.  The  memorial 
of  Elias  Hall,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  a  select  committee  of  two  ;  whereupon  resolved  to  concur  in 
said  orders  of  reference.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M.— The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bills  for  revision  and  concurrence  or 
proposals  of  amendment — "  An  act  for  the  relief  of  William  Randall,  Ju- 
dith Randall,  Rhoda  Randall  and  Betsy  Randall,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  "  An  act  for  the  re- 
lief of  the  town  of  Brookfield,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  uAn  act  to  revive  an  act  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  "  An  act  regulating  the  mode  of  administering  oaths  in  certain 
cases  therein  mentioned,"  which  was  read  ;  whereupon  resolved  to  con- 
cur in  passing  this  bill.  "  An  act  altering  the  name  of  Parkerstown  to 
that  of  Mendon,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  u  An  act  directing  the  Treasurer  to  pay  Erastus  Mon- 
tague the  sum  therein  mentioned,"  which  was  read  ;  whereupon  resolved 
to  concur  in  passing  this  bill.  "  An  act  for  the  relief  of  Elijah  McLeran," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  bill. 
Ordered  that  the  Sec'*  inform  the  House  of  the  passage  of  the  seven  bills 
last  mentioned. 

The  House  sent  up  the  following  resolutions  for  concurrence — "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  Judges  of 
the  Supreme  Court  be  requested,  in  designating  the  County  Court  Cir- 
cuits among  themselves,  as  far  as  possible  to  avoid  the  assignment  of 
any  Judge  to  the  Circuit  in  which  he  resides.  Resolved  that  the  above 
resolution  be  communicated  by  the  Sec'^  of  State  to  the  Judges  of  the 
Supreme  Court,"  which  was  read  ;  whereupon  resolved  not  to  concur  in 
passing  this  resolution.  Ordered  that  the  Sec'y  return  the  same  to  the 
House.     Adjourned  to  9  Oclock  to  morrow  morning.1 


Wednesday  Nov.  7, 1827.  9  Oclock  A.  M. 
The  Gov.  &  Council  met  pursuant  to  adjournment.  The  House  sent  up 
the  following  resolution  for  concurrence — "Resolved,  the  Gov.  &  Council 
concurring  herein,  that  Jedediah  H.  Harris  of  Strafford  and  Thomas 
Emerson  of  Norwich  be  and  hereby  are  appointed  a  committee  to  attend 
at  the  Vermont  State  prison  in  the  month  of  September  next  to  make 
an  appraisal  and  inventory  of  the  property  belonging  to  said  prison  ; 

'  Heman  Allen  of  Milton  was  elected  Judge  of  the  Supreme  Court  in 
place  of  Stephen  Royce  Jr.  declined,  but  Mr.  Allen  also  declined  ;  and 
Horace  Everett,  Chauncey  Langdon,  and  Aaron  Leland  were  elected 
Commissioners  of  the  Deaf  and  Dumb.  Not  noted  in  the  Council 
Journal. 


Governor  and  Council — November  1827.  285 

and  also  to  settle  with  the  Superintendant  and  investigate  the  accounts 
of  said  prison  ;  and  make  report  to  the  Legislature  at  their  next  ses- 
sion." which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution.  "Resolved,  the  Gov.  &  Council  concurring  herein,  that  both 
houses  meet  in  Joint  Committee  at  ten  oclock  forenoon  on  thursday 
next  for  the  purpose  of  electing  a  brigadier  General  of  the  2d-  brigade 
and  fourth  division  of  the  militia  of  this  state,"  which  was  read  and 
thereupon  an  amendment  was  proposed  to  the  same  which  was  read  and 
adopted  ;  whereupon  Resolved  to  concur  in  passing  this  resolution  with 
said  proposal  of  amendment  —  and  the  same  was  returned  to  the  House. 

The  House  sent  up  the  following  for  concurrence  in  the  reference  — 
An  act  for  the  relief  of  the  towns  of  Eden,  Kelly  vale  [Lowell,]  Westfield 
and  Troy  in  the  County  of  Orleans,  with  an  order  of  the  House  thereon 
that  the  same  be  referred  to  the  Committee  on  roads  and  canals;  where- 
upon resolved  to  concur  in  said  order  of  reference.  An  act  directing  the 
Treasurer  to  pay  Joseph  Howes  the  sum  therein  mentioned,  with  an  order 
thereon  that  the  same  be  referred  to  the  Committee  of  Claims  ;  where- 
upon resolved  to  concur  in  said  order  of  reference.  An  act  in  addition 
to  and  amendment  of  an  act  entitled  an  act  ascertaining  the  principles 
on  which  the  list  of  this  state  shall  be  made  and  directing  listers  in  their 
office  and  duty,  with  an  order  of  the  House  thereon  that  the  same  be  re- 
ferred to  the  Judiciary  Committee  ;  whereupon  resolved  to  concur  in 
said  order  of  reference.  An  act  in  addition  to  an  act  incorporating  the 
Vermont  Salt  Manufacturing  Company,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  Committee  on  manufactures  ; 
whereupon  resolved  to  concur  in  said  order  of  reference. 

A  written  message  was  received  from  the  House,  informing  that  the 
House  had  concurred  in  the  amendments  proposed  by  the  Governor  and 
Council  to  the  resolution  for  the  appointment  of  Brigadier  Generals. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  or 
proposals  of  amendment,  "An  act  in  addition  to  an  act  granting  a  toll 
bridge  to  Samuel  Parsons,  passed  Nov.  1,  1822,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  Ordered  that  the  Sec'^ 
inform  the  House  of  the  same. 

A  written  message  was  received  from  the  House,  informing  that  the 
House  had  concurred  in  the  amendments  proposed  by  the  Gov.  &  Coun- 
cil to  the  following  bills  —  "An  act  authorising  the  proprietors  of  Pier- 
mont  bridge  to  erect  a  toll  gate  in  this  state,"  "An  act  laying  a  tax  of 
four  cents  on  each  acre  of  land  in  the  town  of  Topsham,"  "An  act  to 
incorporate  certain  persons  therein  named  by  the  name  of  the  Cham- 
plain  glass  company." 

The  House  sent  up  the  following  bill  for  revision  &c. —  "An  act  re- 
pealing an  act  therein  mentioned,"  which  was  read  and  thereupon 
amendments  were  proposed  to  the  same  which  were  read  and  adopted  ; 
whereupon  Resolved  to  concur  in  passing  this  bill  with  said  proposals 
of  amendment  and  His  Honor  the  Lieut.  Gov.  is  appointed  to  assign 
reasons  to  the  House.     Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  for  concurrence  in  the  refer- 
ence— An  act  granting  further  time  to  the  town  of  Coventry  for  making 
a  road  therein  mentioned,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  on  roads  and  canals;  whereupon 
resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c. — 
"An  act  relating  to  the  turnpike  bridges  in  Royalton  and  Woodstock;" 
which  was  read;  whereupon  Resolved  to  concur  in  passing  this  bill  with 
certain  proposals  of  amendment  which  were  read  and  adopted  and  Mr- 


286  Governor  and  Council — November  1827. 

Thompson  is  appointed  to  assign  reasons  to  the  House.     Adjourned  to 
9  Oclock  to  morrow  morning. 


Thursday  Nov.  8, 1827.    9  Oclock  A.  M. 

The  Gov  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  reference  to  wit,  An  act  in 
amendment  of  and  in  addition  to  an  act  therein  mentioned,  with  an 
order  of  the  House  thereon  that  the  same  be  referred  to  the  General 
Committee;  whereupon  resolved  to  concur  in  said  order  of  reference. 
An  act  directing  the  Treasurer  to  pay  Joseph  Collins  the  sum  therein 
mentioned,  which  was  referred  by  the  House  to  the  Committee  on 
Claims;  whereupon  resolved  to  concur  in  said  order  of  reference.  An 
act  in  addition  to  an  act  making  provision  for  settling  the  concerns  of 
the  Vermont  State  Bank,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  the  Committee  of  Ways  and  Means  ;  whereupon 
resolved  to  concur  in  said  order  of  reference.  An  act  relating  to  camp 
meetings,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  Judiciary  Committee.  Also  An  act  in  addition  to  an  act  therein 
mentioned,  with  an  order  of  the  House  thereon  that  the  same  be 
referred  to  the  Judiciary  Committee;  whereupon  resolved  to  concur  in 
said  several  orders  of  reference. 

A  written  message  was  recd-  from  the  House  of  representatives  in- 
forming that  the  House  had  concurred  in  the  amendments  proposed  by 
the  Gov.  and  Council  to  the  following  bills — "An  act  relating  to  the  2d- 
West  River  Bridge  in  Dummerston,"  u  An  act  authorising  the  consta- 
bles of  the  several  towns  adjoining  the  waters  of  lake  Champlain  to  serve 
process  beyond  the  chartered  limits  of  their  respective  towns."  Ad- 
journed to  2  Oclock  P.  M.1 

.  2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  for  revision  and  concurrence  &c.  "An  act  to 
provide  for  the  support  of  Common  Schools,"  which  was  read  and  laid 
upon  the  table.    Adjourned  to  9  Oclock  to  morrow  morning. 


Friday  Nov.  9, 1827.     [9  Oclock  A.  M.J 
The  Gov.  and  Council  met  pursuant  to  adjournment     The  Gov.  and 
Council  appointed  Joseph  Howes  Surveyor  of  the  public  buildings,  and 
Calvin  J.  Keith  Librarian  for  the  year  ensuing. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  to  incorporate  the1  Vermont  Mutual  fire  insurance  Com- 
pany," which  was  read  and  thereupon  amendments  were  proposed  to  the 
same  which  were  read  and  adopted ;  whereupon  Resolved  to  concur  in 
passing  this  bill  with  said  proposals  of  amendment  and  Mr-  Pierpoint 
was  appointed  to  assign  reasons  to  the  House.  "An  act  discharging  the 
town  of  Wolcott  from  the  payment  of  the  State  tax  in  the  year  1826," 
which  was  read;  whereupon  resolved  to  concur  in-passing  this  bill. 
The  following  was  received  and  placed  upon  the  files  to  wit — 
"  Dissent,  with  the  reasons  of  the  undersigned,  to  the  resolution  in 
respect  to  the  reelection  of  the  President  of  the  United  States  [John 
Quincy  Adams.]  When  in  the  course  of  public  duties  and  responsibili- 
ties, the  occurrence  of  any  prominent  event,  places  public  servants 
under  circumstances  in  which  their  motives  are  or  may  be  misrepre- 

1  Stephen  Hawkins  and  Samuel  P.  Strong  were  elected  Brigadier  Gen- 
erals.   Not  noted  in  the  Council  Journal. 


Governor  and  Council — November  1827.  287 

sented  and  misunderstood,  a  proper  self-respect  and  a  decent  regard  to 
the  opinions  and  interests  of  their  constituents  and  successors,  render 
it  suitable  and  even  necessary,  that  they  submit  some  of  the  reasons 
which  have  governed  their  acts  as  public  agents.  This  constitutional 
privilege  becomes  an  obligation  upon  public  agents  so  situated  when 
their  vote  given  is  upon  any  measure  to  which  public  feeling  and  opin- 
ion have  or  may  attach  importance.  The  subject  to  which  we  especially 
refer  is  the  resolution  which  was  passed  by  the  House  of  Representa- 
tives on  the  thirty-first  ult.  approving  of  the  present  administration  of 
the  general  government  and  the  re-election  of  John  Quincy  Adams  to 
the  Presidency,  and  which  was  sent  to  the  Governor  and  Council  and 
concurred  in  by  a  majority  on  the  2d-  day  of  November  instant.  To  this 
vote  of  concurrence  we  gave  our  votes  in  the  negative.  This  resolution 
is  an  independant  resolution  of  the  other  House  of  legislation,  upon 
which  the  powers  of  the  Gov.  and  Council  could  not  act,  either  to  revise 
or  amend,  it  not  being  a  concurrent  resolution;  the  question,  if  any 
could  be  raised  upon  this  resolution,  was  the  isolated  vote  of  concur- 
rence. The  first  proposition  of  the  resolution  approves  unqualifiedly  and 
in  mass  the  measures  of  the  present  administration  of  the  general  govern- 
ment. The  second  proposition  was  evidently  the  grand  object  contempla- 
ted. It  appears  from  the  resolution  and  the  manner  in  which  it  was  intro- 
duced, that  the  design  of  its  movers  was  to  call  in  the  aid  of  the  Legis- 
lature to  give  a  direction  to  the  freemen  of  the  state,  relative  to  the  ap- 
proaching election  of  the  President  of  the  United  States.  In  our  opinion, 
it  is  at  all  times  inexpedient  for  a  legislature,  in  a  legislative  capacity, 
to  attempt  to  give  any  direction  to  the  freemen  relative  to  any  election 
submitted  to  the  people  or  by  them  retained.  It  may  be  proper  and  ex- 
pedient for  the  members  of  the  legislature  to  receive  instructions  from 
their  constituents.  But  for  the  agent  to  instruct  the  principal  how  to 
manage  their  concerns,  to  us  is  inconsistent.  Should  the  members  of 
the  legislature  as  agents  of  the  people  deem  it  expedient,  in  their  indi- 
vidual capacity,  to  assemble  at  some  suitable  time  and  place,  for  the 
purpose  of  advising  as  freemen  and  conferring  together  under  a  motive 
of  receiving  information  from  the  several  sections  of  the  state  and  to 
transmit  that  information  to  their  constituents,  this  is  far  less  objection- 
able. Should  however  the  members  of  the  House  of  representatives 
deem  it  admissable  to  pass  any  resolutions,  designed  to  instruct  and 
direct  the  freemen  in  the  course  they  are  to  pursue,  it  is  highly  improper 
that  they  should,  after  passing  the  same,  give  to  it  such  direction  in 
their  communication  to  the  Governor  and  Council,  that  they  cannot 
revise,  alter  or  vary  the  resolution,  but  are  compelled  either  to  adopt  or 
reject  it;  when  by  an  opportunity  of  proposing  some  alterations,  the 
sentiments  may  be  retained  in  all  their  purity,  and  force  may  be  added 
to  them.  The  resolution  under  consideration  assigns  no  reasons  why 
the  re-election  of  Mr>  Adams  ought  to  be  desirable,  except  a  sweeping 
proposition,  that  the  measures  of  the  present  administration  are  calcu- 
lated to  promote  the  permanent  prosperity  of  the  nation.  In  our 
opinion,  should  any  resolution  of  the  kind  be  thought  expedient  and 
correct  in  principle,  by  a  majority  of  the  Governor  and  Council,  the 
prominent  reasons  why  Mr-  Adams  should  be  re-elected,  ought  to 
introduce  and  accompany  the  resolution  in  order  that  the  freemen  may 
judge  for  themselves.  And  should  the  reasons  be  satisfactory  to  the 
people,  they  will  cheerfully  give  their  suffrages  to  that  person  who  has 
conducted  the  weighty  affairs  of  the  nation  with  prudence,  ability  and 
wisdom  to  a  beneficial  result.  If  we  look  abroad  we  can  find  few  or  no 
reasons  for  the  adoption  of  such  a  measure.  We  have  always  been  of 
opinion  that  a  person  enjoying  good  health  "needeth  no  Physician;" 


288  Governor  and  Council — November  1827. 

the  prescribing  medicaments  in  such  a  case  is  worse  than  useless.  And 
where  we  find  the  body  politic  sound,  we  have  never  thought  it  expedi- 
ent to  administer  any  political  drugs  and.  medicines,  and  especially 
those  of  doubtful  quality.  Upon  an  attentive  and  sober  consideration 
we  cannot  discover  the  propriety  or  expediency  of  acting  as  legislators 
upon  national  topicks,  unless  it  is  by  ordinary  concurrent  acts,  which 
communicate  to  the  measure  acted  upon  the  force  and  authority  of  the 
will  of  the  people  of  the  state  of  Vermont.  In  opposing  the  motion  of 
concurrence,  adopting  the  resolution  of  the  sense  of  the  House  of  repre- 
sentatives, we  deemed  it  an  extraordinary  course,  a  precedent  of  dan- 
gerous measure  whether  considered  in  its  immediate  effects  or  distant 
consequences.  It  being  out  of  bur  legitimate  province  and  transcend- 
ing the  scope  of  our  legislative  duties, — And  more  especially  did  we 
deem  it  inexpedient  to  vote  for  the  measure,  because  in  our  judgement 
it  carries  with  it,  in  its  terms,  in  its  subject  matter  and  in  its  spirit  and 
intent,  an  interference  in  elections.  And  touched  however  softly,  we 
think  it  carries  no  apology.     If  we  may  tamper  little  we  may  much. 

"  We  have  been  instructed,  and  by  re-examination  we  find,  that  legis- 
lators, as  such,  may,  and  it  is  their  duty  to  make  statutory  rules  and 
regulations  of  mode  and  manner,  which  will  assure  fairness,  purity, 
freedom  and  certainty  in  elections  to  be  made  in  the  primary  assemblies 
of  the  people.  But  upon  the  subject  matters  and  objects  upon  which 
the  will  of  the  freemen  is  to  be  expressed,  the  maxim  should  be  impera- 
tive— "  handle  not,  touch  not."  In  looking  for  an  example  illustrative 
of  the  effects  of  a  contrary  course,  we  need  only  allude  here  to  the 
interference  in  England  when  the  king  prorogues  the  parliament  and 
sends  out  writs  of  election  for  a  "convenient  majority"  for  the  uses  of 
his  ministry.  This  is  perhaps  sufficient  to  set  forth  our  motives  and 
apprehensions  in  "bold  relief."  Still  we  desire  to  add,  on  the  subject 
of  interference  with,  who  should  be,  or  ought  not  to  be  candidates  for 
appointments  to  be  made  by  the  people,  that  we  have  ever  felt  tender 
and  scrupulous  as  legislators,  because  free  and  unbiassed  elections  by  the 
freemen,  are  the  sheet  anchor  of  public  liberty.  And  in  relation  to 
candidates  for  popular  suffrage  we  are  fearful  of  the  praises  of  legisla- 
tures. We  have  ever  been  of  opinion  that  the  unbiassed  exercise  of  the 
right  of  suffrage  is  paramount  in  all  its  bearings  to  any  exercise  of 
delegated  privileges  or  permissive  powers.  We  are  of  opinion  as  legis- 
lators that  it  should  be  ever  borne  in  mind,  our  piwers  are  a  privilege, 
a  delegated  and  not  a  primitive  or  original  right.  We  are  the  agent 
and  not  the  principal.  And  it  is  always  expedient  that  we  act  in  per- 
fect accordance  thereto,  according  to  the  best  lights  of  duty  we  have  ; 
and  in  our  dissent  from  the  resolution  under  consideration  we  think 
we  acted  under  the  influence  of  this  impression.  And  in  coming 
to  our  results  we  also  took  into  sober  consideration  that  the  election  of 
electors  of  President  of  the  United  States,  which  in  letter,  in  spirit,  and 
intent  is  a  main  topic  of  the  resolution,  was  not  with  us.  Public  opinion 
and  feeling  and  our  acts  had  placed  it  under  the  control  of  the  people, 
as  the  safest  depository  and  with  whom  is,  politically,  the  primary  and 
ultimate  power  over  it. 

"The  people  of  Vermont,  and  not  we  their  representatives,  have  the 
independent  and  exclusive  right  of  making  a  President  of  the  United 
States,  so  far  as  this  state  sovereignty  has  any  right  of  participation. 
It  seemed  to  us  that  all  our  acts  in  the  capacity  of  legislators  upon  elec- 
tions should  have  a  statutory  character  and  that  even  these  should  have 
exclusive  reference  to  their  fairness,  purity,  freedom  and  certainty;  and 
that  in  no  other  way,  and  under  no  other  motive  than  to  preserve  them  un- 
corrupted,  unawed,  unintimidated  and  uninfluenced,  could  it  ever  be  expe- 


Governor  and  Council — November  1827.  289 

dient  for  legislators,  as  such,  to  intermeddle,  and  we  feared  this  act  might 
be  otherwise  construed ;  and  we  felt  we  had  no  right  to  forestall  public  opin- 
ion in  this  matter,  or  attempt  to  give  it  direction.  And  in  our  judgment 
the  resolution  under  consideration  meant  this  or  nothing.  We  are,  if 
we  make  any  difference,  more  tender  upon  this  topic  than  we  are  upon 
any  interference  with  matters  legitimately  judicial  and  with  which 
Courts  of  Justice  are  expressly  invested.  We  apprehend  it  is  a  vital 
and  fundamental  principle,  that  popular  elections  be  free  and  uninflu- 
enced. This  is  a  political  axiom  that  has  the  force  of  a  paramount  law; 
and  by  the  constituted  organs  of  government  is  to  be  officially  regarded. 
It  is  a  sacred  right  and  upon  us  as  a  trascendant  obligation  to  regard  it. 
We  feared  that  to  touch  it  even  in  the  mode  under  meditation,  might  be 
deemed  a  species  of  sacrilege,  and  accounted  an  official  influence  or  sug- 
gestion of  an  improper  character  in  respect  to  elections.  Therefore  be- 
ing forcibly  and  solemnly  impressed  with  an  unwavering  belief,  that  it 
was  not  a  legitimate  subject  of  legislation,  and  that  in  our  capacity  as 
legislators  we  had  no  delegated  right  or  official  cognizance  of  elections 
with  the  people,  except  as  to  the  mode  and  manner,  we  could  not  ac- 
credit the  measure.  This  resolution  being  expressly  and  by  intendment, 
not  legislative  but  of  a  different  character,  we  could  not  conscientiously 
give  to  it  our  assent.  And  if  it  were  out  of  our  jurisdiction  as  legisla- 
tors, which  we  in  our  most  deliberate  judgment  believed  was  the  case, 
we  held  our  concurrence  therein  as  something  more  pernicious  than  an 
act  of  supererogation;  it  was  sanctioning  a  precedent  of  dangerous  bias, 
touching  a  principle  consisting  with  and  equally  clear  as  religious  free- 
dom. We  regret  the  occasion  and  the  necessity  which  impels  to  the 
duty  of*  entering  our  dissent  and  the  reasons  which  influenced  it.  Yet 
holding  it  a  solemn  and  indispensable  duty,  we  are  not  at  liberty  to  dis- 
regard the  injunction  and  pledge  made  in  our  oaths,  to  do  nothing  inju- 
rious to  the  constitution  and  the  rights  of  the  people.  Done  in  Council 
Chamber  at  Montpelier,  Nov.  9,  1827.  Seth  Wetmore,  O.  C.  Mer- 
rill, Lyman  Fitch,  David  Hopkinson,  Jr."1  Adjourned  to  2 
Oclock  P.  M. 

1  For  many  years  it  had  been  the  practice  to  make  nominations  for 
President  and  Vice  President  of  the  United  States  by  a  caucus  of  the 
Senators  and  Representatives  in  Congress  of  the  dominant  party.  This 
custom  aroused  discontent,  and  as  early  as  1824  the  legislature  of  Ten- 
nessee condemned  it,  and  that  of  Alabama  volunteered  a  nomination  of 
Gen.  Andrew  Jackson  for  the  Presidency,  the  resolutions  of  both  of  these 
states  being  officially  communicated  to  the  legislature  of  Vermont. 
Without  reference  to  other  states,  it  is  evident  that  the  action  of  the 
Vermont  legislature  in  1827  was  not  unprecedented.  Moreover,  if  the 
above  dissentients  had  been  thoroughly  acquainted  with  the  prevailing 
sentiment  in  the  state,  they  would  have  been  wise  to  consider  whether, 
instead  of  an  attempt  to  bias,  the  resolution  of  the  legislature  of  1827  was 
not  rather  a  correct  response  to  the  wishes  of  the  people.  Certainly  the 
popular  vote  in  Vermont  for  Mr.  Adams  in  1828  indicated  that  to  be  the 
fact.  It  is  true  that  the  resolution  of  the  Assembly  was  not  inform  con- 
current ;  but  that  was  true  of  other  of  its  resolutions  on  which  the  Coun- 
cil did  not  scruple  to  act.  The  journal  of  the  Council  does  not  show  that 
the  above  dissentients  voted  either  way  on  the  question  of  concurrence 
19 


290  G-overnor  and  Council — November  1827. 

2  Oclock:  P.  M. — The  Gov.  &  Council  met  pursuant  to  adjournment. 
The  House  sent  up  the  following  bills  for  revision  and  concurrence  &c. 
— "  An  act  to  provide  for  the  Support  of  Common  Schools,"  which  was 
read  ;  and  thereupon  certain  amendments  were  proposed  to  the  same, 
which  were  read  and  adopted  ;  whereupon  resolved  to  concur  in  passing 
this  bill  with  said  proposals  of  amendment,  and  Mr-  Pierpoint  was  ap- 
pointed to  assign  reasons  to  the  house.  "  An  act  authorizing  the  Gov. 
to  procure  pieces  of  ordnance,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  relating  to  this  State's  quota 
of  United  States  arms,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.     Adjourned  to  9  Oclock  to  morrow  morning. 


Saturday  Nov.  10, 1827.    9  Oclock  A.  M.  . 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  bills  for  revision  and  concurrence  &c.  —  "An  act  laying 
a  tax  of  six  cents  on  each  acre  of  land  in  the  town  of  Eden,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
altering  the  names  of  certain  persons  therein  mentioned,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  Also  "An  act 
in  relation  to  contested  elections,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  Also  "An  act  in  addition  to  an  act  pro- 
viding for  the  state  printing,"  which  was  read  ;  whereupon  resolved  to 
concur  in  passing  this  bill.  Also  "  An  act  laying  a  tax  of  four  cents  on 
each  acre  of  land  in  the  town  of  Hardwick,"  which  was  read  ;  where- 
upon resolved  to  concur  in  passing  this  bill.  Also  "The  Report  and 
resolution  of  the  committee  on  manufactures,"  which  was  read  ;  where- 
upon Resolved  to  concur  in  passing  this  Resolution.  Also  "  An  act 
laying  a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of  Greens- 
boro," which  was  read  ;  whereupon  Resolved  to  concur  in  passing  this 
bill.  Also  "  An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in 
the  town  of  Guildhall,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  Also  "  An  act  in  addition  to  an  act  laying  a  tax  on 
the  town  of  Troy,  passed  Nov.  3d'  1826,"  which  was  read  ;  whereupon 
resolved  to  concur  in  passing  this  bill.  Also  "An  act  laying  a  tax  of 
four  cents  on  each  acre  of  land  in  the  town  of  Barton,"  which  was  read ; 
whereupon  resolved  to  concur  in  passing  this  bill.  Ordered  that  the 
Sec'y  inform  the  House  of  the  passage  of  the  ten  bills  last  mentioned. 

The  House  sent  up  the  following  resolution  for  concurrence  —  "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  two  houses 
meet  in  Joint  Committee  on  Wednesday  next  at  three  oclock  in  the 
afternoon  for  the  purpose  of  electing  an  assistant  Justice  of  the  Supreme 
Court  in  the  place  of  Heman  Allen  Esq.  who  declines  accepting  the 
appointment,"  which  was  read  and  amended  and  passed  as  amended. 

Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  for  concurrence  in  the  reference — 
The  petition  of  Almond  Curtis,  with  an  order  of  the  House  thereon  that 
the  same  be  referred  to  the  Committee  of  Claims  ;  whereupon  Resolved 
to  concur  in  said  order  ot  reference. 

with  the  Assembly,  and  hence  the  inference  is  fair  that  the  "  dissent" 
was  an  after-thought,  designed  for  political  effect.  The  people  seem 
to  have  so  regarded  it,  as,  in  the  election  of  1828,  all  the  dissentients  ex- 
cept Mr.  Wetmore  were  dropped  from  the  Council. 


Governor  and  Council — November  1827.  291 

On  motion  of  Mr-  Wetmore,  voted  to  reconsider  the  vote  accepting  the 
Report  and  adopting  the  resolution  of  the  Committee  on  Manufactures 
and  the  same  was  laid  upon  the  table. 

The  House  sent  up  the  following  resolution  for  concurrence  to  wit — 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  houses 
meet  in  the  representatives'  room  on  the  12th-  of  November  instant,  at 
seven  Oclock  in  the  morning,  for  the  purpose  of  adjourning  the  legisla- 
ture without  day,"  which  was  read  and  thereupon  the  following  amend- 
ment was  proposed  to  wit — erase  the  word  12th-  and  insert  in  lieu  thereof 
the  word  '  fourteenth,'  which  was  read  and  adopted;  whereupon  Resolved 
to  concur  in  passing  this  resolution  with  said  proposal  of  amendment. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. —  "An  act  to  repeal  an  act  therein  mentioned,"  which  was  read  ; 
whereupon  Resolved  to  concur  in  passing  this  bill.  "An  act  in  addition 
to  an  act  entitled  an  act  to  authorise  the  Supreme  Court  to  empower 
Guardians  to  sell  the  real  estate  of  their  wards,"  which  was  read;  where- 
upon Resolved  not  to  concur  in  passing  this  bill  and  Mr-  Wetmore  is 
appointed  to  assign  reasons  to  the  House,  who  assigned  the  same  in 
writing.  "An  act  to  preserve  the  fish  in  the  waters  of  Bristol,"  which 
was  read  ;  whereupon  Resolved  to  concur  in  passing  this  bill.  "An  act 
to  preserve  fish  in  the  north  pond  in  Ryegate,"  which  was  read  ;  where- 
upon Resolved  not  to  concur  in  passing  this  bill  and  Mr-  Roberts  is 
appointed  to  assign  the  reasons  of  the  Council,  who  assigned  the  same 
in  writing.  "An  act  directing  the  Treasurer  to  pay  Oliver  Farrar  the 
sum  therein  mentioned,"  which  was  read  :  whereupon  resolved  to  con- 
cur in  passing  this  bill. 

A  message  was  recd-  from  the  House  by  Mr-  Cushman,  one  of  its  mem- 
bers, informing  that  the  House  had  concurred  in  the  first  and  second 
amendments  proposed  by  the  Gov.  and  Council  to  the  bill  entitled  "  an 
act  in  explanation  of  and  in  addition  to  an  act  entitled  an  act  constitut- 
ing Probate  Courts,  defining  their  powers  and  regulating  the  settlement 
of  testate  and  intestate  estates  and  the  guardianship  of  minors  and  in- 
sane persons,"  and  that  the  House  had  nonconcurred  in  the  third,  fourth 
and  fifth  amendments  proposed  to  the  same — and  after  assigning  the 
reasons  of  the  House  he  withdrew. 

The  House  sent  up  the  following  bills  for  concurrence  &c. — "  An  act 
in  addition  to  an  act  entitled  an  act  to  restrain  swine  from  running  at 
large,  passed  Nov.  2, 1799,"  which  was  read  ;  whereupon  Resolved  to 
concur  in  passing  this  bill.  "An  act  repealing  part  of  an  act  therein 
mentioned,"  which  was  read  ;  whereupon  Resolved  to  concur  in  passing 
this  bill.     Adjourned  to  9  Oclock  Monday  morning. 


Monday  Nov.  12, 1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House 
sent  up  the  following  resolution  for  concurrence,  "  Resolved,  the  Gov. 
and  Council  concurring  herein,  that  the  Judiciary  Committee  be  directed 
to  enquire  into  the  expediency  of  so  altering  the  law  as  that  the  County 
Courts  shall  annually  appoint  County  Surveyors,  and  Report  by  bill  or 
otherwise,"  which  was  read  ;  whereupon  Resolved  to  concur  in  passing 
this  resolution. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence,  &c. 
— "An  act  to  preserve  fish  in  Readsboro  pond,"  which  was  read  ;  where- 
upon Resolved  to  concur  in  passing  this  bill.  The  Report  and  Resolu- 
tion of  the  Committee  on  Manufactures,  which  was  read  ;  whereupon 
Resolved  to  concur  in  passing  said  Resolution  with  a  certain  proposal 


292  Governor  and  Council — November  1827. 

of  amendment  which  was  then  and  there  proposed  and  adopted.1  "  An 
act  to  preserve  the  fish  in  the  north  pond  in  Ryegate,"  which  was  read  ; 
whereupon  Kesolved  to  concur  in  passing  this  bill.  "  The  Report  and 
resolution  of  the  Committee  on  the  resolutions  from  the  State  of  Georgia," 
which  was  read  ;  whereupon  resolved  to  concur  in  adopting  said  resolu- 
tion. "  The  Report  and  resolution  of  the  Committee  on  the  resolutions 
from  the  State  of  Alabama,"  which  was  read  ;  whereupon  Resolved  to 
concur  in  passing  this  resolution.1  "  An  act  laying  a  tax  of  three  cents 
on  each  acre  in  the  town  of  Random"  [Brighton,]  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill. 

A  written  message  was  recd-  from  the  House  informing  that  the  House 
had  concurred  in  the  amendments  proposed  to  the  following  bills— "An 
act  to  incorporate  the  Vermont  Mutual  fire  insurance  Company,"  "  An 
act  to  provide  for  the  support  of  common  schools,"  and  the  resolution 
appointing  a  time  to  meet  in  Joint  Assembly  to  choose  an  assistant  Jus- 
tice of  the  Supreme  Court.    Adjourned  to  2  Oclock  P.  M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bills  for  revision  and  concur- 
rence &c. — "An  act  authorising  the  erection  of  wharves  and  store  houses 
in  Lake  Champlain,"  which  was  read  and  thereupon  amendments  were 
proposed  to  the  same  which  were  read  and  adopted;  whereupon  resolved 
to  concur  in  passing  this  bill  with  said  proposals  of  amendment  and  Mr- 
Thompson  is  appointed  to  assign  the  reasons  of  the  Gov.  and  Council. 
"An  act  in  explanation  of  and  in  addition  to  an  act  entitled  an  act  consti- 
tuting Probate  Courts  and  defining  their  powers  and  regulating  the  set- 
tlement of  testate  and  intestate  estates  and  the  guardianship  of  minors 
and  insane  persons,"  which  was  read,  and  the  amendments  heretofore 
proposed  by  the  Gov.  and  Council  to  the  same;  whereupon  Resolved  to 
rescind  from  the  third,  fourth  and  fifth  amendments  and  thereupon  fur- 
ther amendments  were  proposed  to  said  bill  which  were  read  and 
adopted;  whereupon  Resolved  to  concur  in  passing  this  bill  with  said 
last  proposals  of  amendment  and  Mr-  Deming  is  appointed  to  assign  the 
reasons  of  the  Gov.  and  Council. 

Mr-  Pierpoint  introduced  the  following  resolution—"  Resolved  that  the 
Committee  to  whom  was  referred  the  bill  to  provide  for  reporting  the 

1  This  resolution  indicates  the  then  prevailing  opinion  as  to  the  extent 
of  protection  to  home  productions  and  manufactures,  and  is  therefore 
given,  as  follows: 

"Besolved,  the  Governor  and  Council  concurring  herein,  that  our  Sen- 
ators in  Congress  be  instructed,  and  our  representatives  be  requested 
to  exert  their  best  endeavors  to  procure  the  passage  of  a  law  which 
shall  afford  such  protection  to  the  American  wool  grower  and  manufact- 
urer as  shall  enable  them  to  compete  with  the  foreign  wool  grower  and 
manufacturer  in  our  own  markets?' — See  printed  Acts  of  1827,  p.  41. 

2  Georgia  had  proposed  an  amendment  to  the  national  constitution  to 
prevent  the  election  of  President  and  Vice  President  from  devolving 
upon  Congress,  and  the  resolution  of  Vermont  was  that  this  was  inex- 
pedient. The  resolution  of  Alabama  referred  to  slavery,  and  Vermont 
in  answer  referred  to  her  resolution  of  1825,  declaring  that  slavery  is  an 
evil  to  be  deprecated,  and  Vermont  will  approve  any  measures  for  its 
abolition  which  are  consistent  with  the  rights  of  the  people  and  the 
general  harmony  of  the  states. 


Governor  and  Council — November  1827.  293 

decisions  of  the  Supreme  Court,  be  instructed  so  to  amend  the  bill  as  to 
make  it  the  duty  of  the  Judges  of  said  Court  to  report  the  decisions,  and 
to  give  said  Judges  the  sum  of  five  hundred  dollars  as  a  compensation 
for  their  services,"  which  was  read  and  adopted.  Adjourned  to  9  Oclock 
to  morrow  morning. 


Tuesday  Nov.  13, 1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  for  concurrence  in  the  recommitment  to  wit,  The  Re- 
port and  resolution  of  the  Committee  raised  on  the  resolution  from  the 
State  of  Maine  relating  to  internal  improvement,  with  an  order  of  the 
House  thereon  that  the  same  be  recommitted  to  the  Committee  who  re- 
ported it;  whereupon  Resolved  to  concur  in  said  order  of  recommitment. 

The  House  sent  up  the  following  resolution  for  concurrence,  "Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  both  houses  meet 
in  the  representatives'  room  to  morrow  at  two  Oclock  in  the  afternoon, 
to  make  further  appointments  of  Justices  of  the  peace  for  the  County  of 
Essex,"  which  was  read  ;  whereupon  Resolved  to  concur  in  passing  this 
resolution.  The  House  sent  up  the  following  resolution  for  concurrence, 
"  Resolved,  the  Gov.  and  Council  concurring  herein,  that  both  houses 
meet  in  the  representatives'  room  on  tuesday  next  at  three  Oclock  after- 
noon for  the  purpose  of  choosing  five  Commissioners  for  Common 
Schools,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution. 

The  House  sent  up  the  following  for  revision  and  concurrence  &c. — 
The  Report  and  resolution  of  the  Committee  raised  on  the  memorial  of 
the  Colonization  Society,  which  was  read;  whereupon  Resolved  to  concur 
in  passing  this  resolution.1  "  An  act  authorizing  the  Treasurer  to  con- 
tract a  temporary  loan  for  the  support  of  government,"  which  was  read  ; 
whereupon  Resolved  to  concur  in  passing  this  bill.  "  An  act  making 
appropriations  for  the  support  of  government,"  which  was  read;  where- 
upon resolved  to  concur  in  passing  this  bill.  "  An  act  assessing  a  tax 
for  the  support  of  government,"  which  was  read;  whereupon  resolved 
to  concur  in  passing  this  bill.  "An  act  to  provide  for  reporting  the 
decisions  of  the  Supreme  Court  of  Judicature  and  for  other  purposes," 
which  was  read  and  thereupon  amendments  were  proposed  to  the  same 
which  were  read  and  adopted;  whereupon  resolved  to  concur  in  passing 
this  bill  with  said  proposals  of  amendment  and  Mr-  Langdon  is  appointed 
to  assign  the  reasons  of  the  Gov.  and  Council.  "An  act  in  addition  to 
the  several  acts  for  laying  out,  making  and  repairing  highways,"  which 
was  read  and  thereupon  amendments  were  proposed  to  the  same  which 
were  read  and  adopted;  whereupon  Resolved  to  concur  in  passing  this 
bill  with  said  proposals  of  amendment  and  Mr-  Langdon  is  appointed  to 
assign  the  reasons  of  the  Gov.  and  Council.  "An  act  in  addition  to  the 
several  acts  constituting  the  Supreme  and  County  Courts  and  regula- 
ting judicial  proceedings,"  which  was  read;  whereupon  resolved  to 
concur  in  passing  this  bill.  "  An  act  in  addition  to  an  act  relating  to 
levying  executions  and  to  poor  debtors,"  which  was  read  and  thereupon 
amendments  were  proposed  to  the  same  which  were  read  and  adopted; 
whereupon  Resolved  to  concur  in  passing  this  bill  with  said  proposals  of 
amendment  and  Mr-  Deming  is  appointed  to  assign  the  reasons  of  the 
Gov.  and  Council.     Adjourned  to  2  Oclock  P.  M. 

1  The  resolution  instructed  the  Vermont  delegation  in  Congress  to  fa- 
vor the  purposes  of  the  Society  by  government  aid. 


294  Governor  and  Council — November  1827. 

2  Oclock  P.  M.— The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bills  for  revision  and  concur- 
rence &c — "  An  act  making  further  provision  for  the  relief  of  poor 
debtors,"  which  was  read  and  committed  to  Messrs.  Wetmore,  Roberts 
and  Merrill.  "  An  act  for  the  relief  of  the  towns  of  Eden,  Kelleyvale 
[Lowell,]  Westfield  and  Troy  in  the  County  of  Orleans,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  bill.  "An  act 
directing  the  Treasurer  of  this  state  to  pay  Thomas  Burnside  the  sum 
therein  mentioned,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill.  "  An  act  relating  to  the  taking  of  Depositions,"  which 
was  read;  and  thereupon  amendments  were  proposed  to  the  same  which 
were  read  and  adopted;  whereupon  resolved  to  concur  in  passing  this 
bill  with  said  proposals  of  amendment.  "  An  act  incorporating  the  La- 
moille and  Elmore  iron  manufacturing  Company,"  which  was  read;  and 
thereupon  amendments  were  proposed  to  the  same  which  were  read 
and  adopted;  whereupon  resolved  to  concur  in  passing  this  bill  with 
said  proposals  of  amendment. 

His  Honor  the  Lieut.  Gov.  introduced  the  following  resolution,  Re- 
solved, the  General  Assembly  concurring  herein,  that  the  further  con- 
sideration of  the  bill  entitled  "  an  act  in  addition  to  the  several  acts  for 
laying  out,  making  and  repairing  highways  "  be  postponed  to  the  next 
session  of  the  Legislature,  and  the  question  was  put  Shall  the  said 
resolution  pass  ?  which  was  determined  in  the  negative. 

The  House  sent  up  the  following  resolution  for  concurrence, —  "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  both  houses  meet 
in  joint  committee  in  the  Representatives'  room  at  three  Oclock  this 
afternoon  for  the  purpose  of  electing  a  trustee  of  the  University  of  Ver- 
mont to  fill  the  vacancy  occasioned  by  the  death  of  the  Hon.  William 
Baxter,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
resolution.  * 

A  written  message  was  received  from  the  House  informing  that  the 
House  had  concurred  in  the  amendments  proposed  by  the  Gov.  and 
Council  to  the  following  bills —  "An  act  in  addition  to  an  act  to  enforce 
the  due  observation  of  the  Sabbath,"  "An  act  in  addition  to  the  several 
acts  for  laying  out,  making  and  repairing  highways." 

A  message  was  received  from  the  House  by  Mr-  Kellogg,  one  of  its 
members,  informing  that  the  House  had  repassed  the  bill  entitled  "an 
act  explanatory  of  the  2d-  section  of  an  act  entitled  an  act  ascertaining  the 
principles  on  which  the  list  of  this  state  shall  be  made  and  directing 
listers  in  their  office  and  duty,"  and  after  assigning  the  reasons  of  the 
House  he  withdrew  ;   whereupon  resolved  to  concur  in  passing  this  bill. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c. — "An  act  making  an  appropriation  for  the  payment  of  a  Convention 
that  may  be  convened  by  order  of  the  Council  of  Censors,"  which  was 
read  ;  whereupon  resolved  to  concur  in  passing  this  bill.  "An  act  to 
preserve  fish  in  Fairlee  Lake  and  Fairlee  pond,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill.  "An  act  laying  a  tax 
on  the  lands  in  the  town  of  Fayston,"  which  was  read  ;  whereupon 
Resolved  to  concur  in  passing  this  bill.  "An  act  directing  the  Treasurer 
to  pay  Joseph  Howes  the  sum  therein  mentioned,"  which  was  read  ; 
whereupon  Resolved  to  concur  in  passing  this  bill.     "An  act  granting 

1  The  following  elections  were  made  :  Bates  Turner,  Assistant  Judge 
of  the  Supreme  Court ;  William  Hall,  Charles  K.  Williams,  Jacob  Col- 
lamer,  Benjamin  F.  Bailey,  Ephraim  Paddock,  School  Commissioners  ; 
Ira  H.  Allen,  Trustee  of  the  University  of  Vermont. 


Governor  and  Council — November  1827.  295 

further  time  to  the  town  of  Coventry  for  making  a  road  therein  men- 
tioned," which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  "An  act  in  addition  to  an  act  entitled  an  act  to  enforce  the  due 
observation  of  the  Sabbath,"  which  was  read  and  thereupon  amendments 
were  proposed  to  the  same  which  were  read  and  adopted  ;  whereupon 
resolved  to  concur  in  passing  this  bill  with  said  proposals  of  amendment 
and  Mr-  Deming  is  appointed  to  assign  the  reasons  to  the  House.  "An 
act  laying  a  tax  of  three  cents  on  each  acre  of  land  in  the  town  of  More- 
town,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  "An  act  in  addition  to  an  act  entitled  an  act  authorising  the  visit- 
ors of  the  state  prison  to  procure  a  bell  and  for  other  purposes,  passed 
Nov.  18, 1824,"  which  was  read  ;  whereupon  resolved  to  concur  in  pass- 
ing this  bill.  "An  act  in  addition  to  an  act  entitled  an  act  in  addition 
to  an  act  entitled  an  act  constituting  the  Supreme  Court  and  County 
Courts,  defining  their  powers  and  regulating  judicial  proceedings," 
which  was  read;  and  thereupon  amendments  were  proposed  to  the  same 
which  were  read  and  adopted;  whereupon  resolved  to  concur  in  passing 
this  bill  with  said  proposals  of  amendment  and  Mr-  Thompson  is  ap- 
pointed to  assign  the  reasons  to  the  House.  "  An  act  authorising  the 
Treasurer  of  this  state  to  deed  lands,"  which  was  read  ;  whereupon  re- 
solved to  concur  in  passing  this  bill. 
Adjourned  to  7  Oclock  this  evening. 

7  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjournment. 

The  House  sent  up  the  following  bills  for  revision  and  concurrence 
&c.  "  An  act  in  addition  to  an  act  ascertaining  the  principles  on  which 
the  list  of  this  state  shall  be  made  and  directing  listers  in  their  office  and 
duty,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing  this 
bill.  "An  act  directing  the  Treasurer  to  pay  the  board  of  Commission- 
ers for  the  benefit  of  the  deaf  and  dumb  the  sum  therein  mentioned," 
which  was  read ;  whereupon  resolved  to  concur  in  passing  this  bill. 
"An  act  in  addition  to  and  alteration  of  an  act  for  the  purpose  of  regu- 
lating suits  respecting  landed  property  and  directing  the  mode  of  pro- 
ceeding therein,  passed  Nov.  15,  1820,  and  to  extend  the  privileges  of 
the  same,"  which  was  read  ;  whereupon  resolved  to  concur  in  passing 
this  bill.  "An  act  in  addition  to  an  act  for  regulating  and  governing 
the  militia  of  this  state,"  which  was  read  ;  whereupon  resolved  to  concur 
in  passing  this  bill.  "An  act  in  addition  to  an  act  entitled  an  act  laying 
duties  on  licences  for  vending  or  selling  lottery  tickets  within  this  state," 
which  was  read  ;  whereupon  Resolved  to  concur  in  passing  this  bill. 
"An  act  laying  a  tax  on  the  County  of  Chittenden,"  which  was  read  ; 
whereupon  resolved  to  concur  in  passing  this  bill. 

The  House  sent  up  the  following  resolution  for  concurrence  — "  Re- 
solved, the  Gov.  and  Council  concurring  herein,  that  the  Sec>  of  State 
be  and  hereby  is  directed  to  omit  publishing  in  the  newspapers  the  act 
passed  at  this  session  providing  for  the  support  of  common  schools," 
which  was  read  ;  whereupon  resolved  to  concur  in  passing  this  resolution. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
—"An  act  in  addition  to  an  act  incorporating  the  Vermont  Salt  Manu- 
facturing Company,"  which  was  read;  whereupon  resolved  to  concur  in 
passing  this  bill. 

A  written  message  was  received  from  the  House  informing  that  the 
House  had  concurred  in  the  amendments  proposed  by  the  Gov.  and 
Council  to  the  following  bills — "An  act  laying  a  tax  of  six  cents  on  each 
acre  of  land  in  the  town  of  Eden,"  "An  act  to  provide  for  reporting  the 
decisions  of  the  Supreme  Court  of  Judicature  and  for  other  purposes." 
"An  act  in  explanation  of  and  in  addition  to  an  act  entitled  an  act  con- 


296  Governor  and  Council — November  1827. 

stituting  Probate  Courts  and  defining  their  powers  and  regulating  the 
settlement  of  testate  and  intestate  estates  and  the  guardianship  of  mi- 
nors and  insane  persons,"  "An  act  authorising  the  erection  of  wharves 
and  store  houses  in  Lake  Champlain."  Also  that  the  House  had  con- 
curred in  the  amendments  proposed  to  the  following  resolutions,  the 
resolution  for  the  appointment  of  Justices  of  the  peace  in  the  County  of 
Essex — the  resolution  respecting  manufacturers  and  growers  of  wool. 

The  House  sent  up  the  following  resolutions  for  concurrence,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
houses  meet  in  the  representatives'  room  on  Wednesday  next  at  seven 
Oclock  in  the  morning  to  adjourn  the  General  Assembly  without  day," 
which  was  read  and  thereupon  the  following  amendment  was  proposed: 
erase  the  word  "  Wednesday  "  and  insert  the  word  "  Thursday,"  which 
amendment  was  read  and  adopted  ;  whereupon  resolved  to  concur  in 
passing  this  resolution  with  said  proposal  of  amendment.  "  Resolved, 
the  Gov.  and  Council  concurring  herein,  that  both  houses  meet  in 
County  Conventions  at  eight  oclock  this  evening  for  the  purpose  of  mak- 
ing nominations  of  road  commissioners,  and  that  they  meet  in  Joint  Com- 
mittee in  the  representatives'  room  to  morrow  morning  at  the  opening 
of  the  house  for  the  purpose  of  electing  such  commissioners,"  which  was 
read;  whereupon  resolved  to  concur  in  passing  this  resolution.  Ad- 
journed to  9  Oclock  to  morrow  morning. 


Wednesday  Nov.  14,  1827.    9  Oclock  A.  M. 

The  Gov.  and  Council  met  pursuant  to  adjournment.  The  House  sent 
up  the  following  resolution  for  concurrence — "  Resolved,  the  Gov.  and 
Council  concurring  herein,  that  the  two  houses  meet  in  Joint  Commit- 
tee in  the  representatives'  room,  this  evening  at  seven  Oclock,  for  the 
purpose  of  electing  a  Jail  Commissioner  in  the  County  of  Franklin,  in 
the  place  of  Bates  Turner,  who  has  been  elected  a  Justice  of  the  Su- 
preme Court,"  which  was  read;  whereupon  Resolved  not  to  concur  in 
passing  this  resolution  and  His  Honor  the  Lieut.  Gov.  is  appointed  to 
assign  reasons  to  the  House. 

The  House  sent  up  the  following  bill  for  revision  and  concurrence  &c. 
— "An  act  for  the  relief  of  Jonathan  Nelson,"  which  was  read;  Where- 
upon resolved  to  conour  in  passing  this  bill. 

A  message  was  received  from  the  House  by  M>  Bailey  of  Burlington, 
one  of  its  members,  informing  that  the  House  had  resolved  not  to  con- 
cur in  the  amendments  proposed  by  the  Gov.  and  Council  to  the  bill  en- 
titled "An  act  relating  to  the  taking  of  depositions,"  and  after  assigning 
the  reasons  of  the  House  he  withdrew. 

On  motion,  Mr-  Langdon  had  leave  of  absence  granted  him  from  and 
after  to  day  for  the  remainder  of  the  session.  Adjourned  to  2  Oclock 
P.M. 

2  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bills  for  revision  and  concur- 
rence &c. — "An  act  making  further  provision  for  the  relief  of  poor  debt- 
ors," which  was  read  and  thereupon  sundry  amendments  were  proposed 
to  the  same  which  were  read  and  adopted;  whereupon  Resolved  to  con- 
cur in  passing  this  bill  with  said  proposals  of  amendment  and  Mr-  Rob- 
erts is  appointed  to  assign  the  reasons  to  the  House.  Also  "  An  act  re- 
lating to  the  taking  of  depositions,"  which  was  read  and  thereupon 
amendments  were  proposed  to  the  same  which  were  read  and  adopted  ; 
whereupon  Resolved  to  concur  in  passing  this  bill  with  said  proposals  of 
amendment  and  Mr-  Thompson  is  appointed  to  assign  reasons  to  the 


Governor  and  Council — November  1827.  297 

House.  "The  Report  and  resolutions  of  the  Committee  raised  on  the 
resolutions  from  the  State  of  Maine,  relating  to  internal  improvement," 
which  was  read;  whereupon  Resolved  to  concur  in  passing  said  resolu- 
tion.1    Adjourned  to  6  Oclock  P.  M. 

6  Oclock  P.  M. — The  Gov.  and  Council  met  pursuant  to  adjourn- 
ment. The  House  sent  up  the  following  bill  for  revision  and  concur- 
rence &c. — "  An  act  altering  the  names  of  certain  persons  therein  men- 
tioned," which  was  read;  and  thereupon  certain  amendments  were  pro- 
posed to  said  bill  which  were  read  and  adopted  ;  whereupon  resolved 
to  concur  in  passing  this  bill  with  said  proposals  of  amendment  and  Mr- 
Roberts  is  appointed  to  assign  reasons  to  the  House. 

A  message  was  received  from  the  House  by  Mr-  Collamer,  one  of  its 
members,  informing  that  the  house  had  concurred  in  the  first,  second, 
fifth  and  eighth  amendments  proposed  by  the  Governor  and  Council  .to 
the  bill  entitled  "An  act  making  further  provision  for  the  relief  of  poor 
debtors,"  and  that  the  House  had  nonconcurred  in  the  third,  fourth, 
sixth,  seventh  and  ninth  amendments  proposed  to  said  bill,  and  after  as- 
signing the  reasons  of  the  House  he  withdrew;  whereupon  the  Gov.  and 
Council  Resolved  to  suspend  the  passing  of  this  bill  until  the  next  ses- 
sion of  the  legislature,  of  which  the  House  were  informed  by  written 
message.    Adjourned  to  7  Oclock  to  morrow  morning. 


Thursday  Nov.  15,  1827.  7  Oclock  A.  M. 
The  Gov.  and  Council  met  pursuant  to  adjournment.  A  message  was 
received  from  the  House  by  Mr  Colburn,  one  of  its  members,  informing 
that  the  House  of  representatives  had  on  their  part  completed  the  busi- 
ness of  the  session  and  were  ready  to  adjourn  without  day.  Ordered 
that  the  Sec'y  inform  the  House  of  Representatives  that  the  Gov.  and 
Council,  having  on  their  part  completed  the  business  of  the  session,  will 
immediately  attend  in  the  representatives'  room,  agreeably  to  the  joint 
resolution  of  the  two  houses,  to  adjourn  the  General  Assembly  without 
day.  The  Gov.  and  Council  attended  in  the  representatives  room,  and 
after  an  address  to  the  throne  of  grace  by  the  Chaplain,  the  General  As- 
sembly was  adjourned  without  day.  The  Gov.  and  Council  returned  to 
their  chamber  and  adjourned  without  day. 

State  of  Vermont  ss.  —  The  foregoing  is  a  true  Journal  of  the 
proceedings  of  the  Gov.  and  Council  at  their  annual  session  in  the  year 
1827.  Daniel  Kellogg,  Secy- 

1  The  report  and  resolution  declared  it  inexpedient  to  express  any 
opinion. — See  printed  Acts  of  1827,  p.  39. 


298 


Governor  and  Council — November  1827. 


Debenture  op  the  Lieut.  Gov. 
and  Council,  1827. 

No. 
Miles 
Travel. 

Am't 

of 

Travel. 

No. 

days 

Att'nce. 

Am't. 

of 
Att'nce. 

Debenture. 

Israel  P.  Dana 

30 

3.60 

2 

3.00 

6.60 

Truman  Chittenden 

30 

3.60 

2 

3.00 

6.60 

Jabez  Proctor 

72 

8.64 

2 

3.00 

11.64 

Lieut.  Governor 

85 

10.20 

31 

124.00 

134.20 

Mr-  Crafts 

40 

4.80 

24 

36.00 

40.80 

"    Deming 

30 

3.60 

34 

51.00 

54.60 

"    Fitch 

42 

5.04 

35 

52.50 

57.54 

"    Holley 

77 

9.24 

35 

52.50 

61.74 

"     Hopkinson 

64 

7.68 

31 

46.50 

54.18 

"    Langdon 

82 

9.84 

28 

42.00 

51.84 

"     Merrill 

130 

15.60 

35 

52.50 

68.10 

"    Pierpoint 

60 

7.20 

35 

52.50 

59.70 

"    Koberts 

130 

15.60 

35 

52.50 

68.10 

"     Thompson 

39 

4.68 

31 

46.50 

51.18 

"    Wetmore 

40 

7.20 

35 

52.50 

59.70 

"     Worthington 

1 

12 

34 

51.00 

51.12 

Sheriff  Keith 

1 

12 

35 

52.50 

52.62 

Deputy 

12 

1.44 

35 

52.50 

53.94 

Librarian 

1 

12 

35 

52.50 

52.62 
$996.82 

The  above  was  received  of  the  Treasurer  by  the  Sheriff  of  Washington 
County  and  by  him  paid  over  to  the  members  of  the  Council  &c. 


<&Cov)siS-  ^p  £? 


....... 


FIFTY-  SECOND   COUNCIL 

OCTOBER  1828  TO  OCTOBER  1829. 


Samuel  C.  Crafts,  Craftsbury,  Governor. 
Henry  Olin,  Leicester,  Lieut.  Governor. 


Chauncey  Langdon,  Castleton, 
Seth  Wetmore,  St.  Albans, 
Robert  Pierpoint,  Rutland, 
John  C.  Thompson,  Burlington, 
Geo.  Worthington,  Montpelier, 
Benjamin  F.  Deming,  Danville, 


Councillors: 

Jedediah  H.  Harris,  Strafford, 
Abner  Forbes,  Windsor, 
Myron  ('lark,  Manchester, 
Ezra  Hoyt,  New  Haven, 
Ira  II.  Allen,  Irasburgh, 
Samuel  Clark,  Brattleboro. 


Daniel  Kellogg,  Rockingham,  Secretary  to  Oct.  11, 1828. 
George  B.  Shaw,  Danville,  Secretary  from  Oct.  11, 1828. 
Rawsel  R.  Keith,  Montpelier,  Sheriff. 
Calvin  J.  Keith,  Montpelier,  Librarian. 


POLITICAL  NOTE. 

The  M  era  of  good  feeling  "  in  Vermont,  politically,  closed  with  the 
election  of  1827,  and  was  followed  by  a  division  of  the  people  into  two- 
parties — the  predominant  one  soon  taking  the  name  of  "  National  Re- 
publicans," and  the  minority  first  known  as  "  The  Jackson  party  "  but 
speedily  styling  itself  "  Democratic."  This  change  was  not  sharply  de- 
fined, however,  until  the  Presidential  election  in  the  autumn  of  1828. 
In  the  preceding  September,  Gov.  Crafts  was  elected  without  opposition^ 
but  it  will  be  observed  that  six  new  members  of  the  Council  were 
elected.  These  were  all  National  Republicans  at  that  time;  and  subse- 
quently all,  who  were  living,  were  identified  with  the  Whig  party. 


BIOGRAPHICAL  NOTICES. 

Jedediah  H.  Harris,  born  in  New  Hampshire  in  1784,  came  to 
Strafford  at  an  early  age  and  commenced  business  as  a  merchant,  in 

iFor  notice  of  Gov.  Crafts  see  Vol.  v,  p.  239. 


300  Biographical  Notices. 

which  he  was  very  successfully  engaged  for  many  years,  but  for  the  last 
thirty  years  of  his  life  he  gave  his  personal  attention  to  agriculture,  and 
became  an  excellent  example  for  the  agricultural  community  in  which 
he  dwelt.  Thoroughly  informed  as  to  the  history  of  the  country  and  of 
its  public  men,  he  was  an  active  and  influential  politician,  as  the  numer- 
ous public  offices  to  which  he  was  elected  by  the  people  attest.  He 
represented  Strafford  in  the  General  Assembly  eight  years,  1810  until 
1813,  1814,  and  1818  until  1822;  was  a  delegate  in  the  Constitutional 
Convention  of  1814,  assistant  Judge  of  the  County  Court  in  1821  and  '22, 
member  of  the  Council  of  Censors  in  1827,  Councillor  1828  until  1831, 
and  he  headed  the  list  of  Presidential  Electors  in  1844.  From  Judge 
Harris  the  Hon.  Justin  S.  Morrill  received  that  bent  for  politics  and 
statesmanship,  as  bearing  upon  the  practical  business  interests  of  the 
country,  which  has  made  him  one  of  the  most  useful  members  in  either 
house  of  Congress  for  a  period  of  Congressional  service  already  exceed- 
ing that  of  any  other  citizen  of  Vermont. — Judge  Harris  died  March  8, 
1855,  aged  nearly  71  years. — Vt.  Historical Magazine,Vo\.  n,  p.  1071;  and 
Vt.  Legislative  Directory  for  1876-7. 

Gen.  Abner  Forbes  was  for  many  years  a  successful  merchant  in 
Windsor,  and  as  his  capital  increased  he  entered  into  partnership  with 
promising  young  men  elsewhere,  having  as  early  as  1803  entered  into 
an  extensive  mercantile  trade  at  Montpelier,  with  the  late  Col.  James 
H.  Langdon.  Gen.  Forbes  represented  Windsor  in  the  General  Assem- 
bly 1826  and  '7,  was  Judge  of  Windsor  County  Court  seven  years,  com- 
mencing in  1822,  and  was  elected  for  the  eighth  term.  He  was  Council- 
lor Oct.  1828,  until  his  death  on  the  29th  of  Dec.  of  that  year. — Dera- 
ing's  Catalogue;  and  Vt.  Watchman  &  State  Gazette. 

Myron  Clark  was  Judge  of  Bennington  County  Court  1824  until 
1827,  Judge  of  Probate  1831  until  1835,  and  Councillor  1828  until  1831. 
—  Vt.  Hist.  Magazine,  Vol.  I,  title  "Manchester";  and  Deming's  Cat- 
alogue. 

Ezra  Hoyt,  though  not  among  the  earliest  settlers  of  New  Haven, 
came  to  that  town  at  an  early  day  and  became  one  of  its  most  useful  cit- 
izens. He  represented  the  town  in  the  General  Assembly  1797-8,  1808, 
1812  until  1815,  1817,  1821,  and  1824;  was  Judge  of  Addison  County 
Court  1813  until  1818  and  in  1823 ;  Judge  of  Probate  1824  until  1829, 
and  Councillor  1828  until  1831.  He  was  u  a  man  of  talents  and  public 
spirit,  kind  and  urbane  in  his  bearing."  —  Deming's  Catalogue ;  and  Vt. 
Hist. Magazine,  Vol.  i,  p.  72. 

Ira  H.  Allen,  second  son  of  Maj.  Gen.  Ira  Allen,  and  of  course 
nephew  of  Gen.  Ethan  Allen,  was  born  in  Colchester  about  1792,  where 
he  dwelt  until  his  removal  to  Irasburgh  in  1814,  to  take  charge  of  the 
lands  in  that  town,  all  of  which  save  the  public  rights  then  belonged  to 


Governor  and  Council — October  1828.  301 

his  mother,  and  constituted  probably  nearly  all  that  was  left  of  the  once 
immense  estate  of  Ira  Allen.  In  the  management  of  this  great  property 
Mr.  Allen  was  so  fortunate  as  to  gain  the  confidence  and  good  will  of  all 
concerned,  and  establish  a  character  that  was  honored  wherever  he  was 
known.  He  represented  Irasburgh  in  the  General  Assembly  eleven 
years,  1818  until  1821, 1822  and  '23,  1826  and  '27,  1835, 1837  and  '38,  and 
1840  ;  was  Clerk  of  Orleans  County  Court  seventeen  years,  1816  until 
1824,  and  1826  until  1835;  was  Councillor  1828  until  1831;  and  member 
of  the  Council  of  Censors  in  1848.     He  died  at  Irasburgh,  April  1866. 

Samuel  Clark  represented  Brattleboro  in  the  General  Assembly 
1820  and  '21,  and  1825  and  '26;  was  Councillor  1828  until  1831;  delegate 
in  the  Constitutional  Convention  of  1836,  and  Judge  of  Windham  County 
Court  in  1833. — Deming's  Catalogue. 

George  B.  Shaw  first  appears  in  the  Vermont  records  as  an  attor- 
ney at  Danville  in  1821.  He  was  Register  of  Probate  in  Caledonia 
County  1821  and  '22;  and  Secretary  of  the  Governor  and  Council  1828 
until  1831.  Mr.  Shaw  removed  to  Burlington  and  continued  in  his  pro- 
fession there  until  1854.  He  reported  the  ninth  and  tenth  volumes  of 
the  decisions  of  the  Supreme  Court. — Deming's  Catalogue;  and  Walton's 
Vermont  Register. 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   WITH  THE   GENERAL  ASSEMBLY   AT  MONTPE- 
LIER,  OCTOBER  1828. 


State  of  Vermont,  ss. — A  Journal  of  the  proceedings  of  the  Gover- 
nor and  Council  of  the  State  of  Vermont,  at  their  session,  begun  and 
holden  at  Montpelier,  on  the  second  Thursday  of  October,  (being  the 
ninth  day  of  the  month,)  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  twenty-eight,  and  of  the  Independence  of  the  United  States 
the  fifty-third— Present,  His  Excellency  Ezra  Butler,  Governor,  His 
Honor  Henry  Olin,  Lieut*  Governor,  The  Hon.  Samuel  C.  Crafts,  Ben- 
jamin F.  Deming,  Orsamus  C.  Merrill,  Chauncey  Langdon,  Robert  Pier- 
point,  Lyman  Fitch,  John  C.  Thompson,  George  Worthington,  &  Seth 
Wetmore,  Councillors. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr- 
Porter,  one  of  its  members,  informing  that  the  House  had  organized,  by 
electing  the  Hon.  Robert  B.  Bates  Speaker  pro  tempore,  and  Timothy 
Merrill  Esquire  Clerk  pro  tempore,  and  were  ready  to  receive  any  com- 


302  Governor  and  Council — October  1828. 

munication  which  the  Governor  and  Council  might  make.  Ordered, 
That  the  Secretary  inform  the  House  of  Representatives  that  His  Ex- 
cellency the  Governor  and  a  quorum  of  the  Council  are  assembled  in 
the  Council  Chamber  and  are  ready  to  proceed  to  business. 

A  message  was  received  from  the  House  of  Representatives  by  Mr- 
Warner  of  Poultney,  one  of  its  members,  informing  that  the  House*  had, 
on  their  part,  appointed  a  Committee  to  receive,  sort  &  count  the  votes 
for  Governor,  Lieut*-  Governor,  Treasurer  and  Councillors  and  request- 
ing the  Governor  and  Council  to  join  in  said  appointment ;  Whereupon, 
Resolved,  That  the  Governor  and  Council  will  now  proceed  to  the  ap- 
pointment of  such  committee,  on  their  part,  and  Messrs-  Olin,  Langdon 
&  Deming  were  appointed  and  duly  sworn  to  the  faithful  discharge  of 
their  duty,  and  it  was  Ordered,  that  the  Secretary  inform  the  House  of 
Representatives  of  such  appointment.     Adjourned  to  4  o'clock  P.  M.  * 

4  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to 
adjournment.  A  message  was  received  from  the  House  of  Representa- 
tives by  Mr  Smith,  one  of  its  members,  informing  that  the  House  are 
now  ready  to  receive  the  report  of  the  Canvassing  Committee,  and  re- 
questing the  attendance  of  the  Governor  and  Council  in  the  Representa- 
tives' room.  Whereupon  it  was  Ordered,  that  the  Secretary  inform  the 
House  of  Representatives  that  the  Governor  and  Council  will  immedi- 
ately attend  in  the  Representatives'  room  to  hear  the  report  of  the 
Canvassing  Committee.  The  Governor  and  Council  attended  in  the 
Representatives'  room,  when  the  following  report  was  made  to  wit  : 

"To  the  Hon.  General  Assembly  now  sitting  :  The  committee  ap- 
pointed to  receive,  sort  and  count  the  votes  for  Governor,  Lieut.  Gov- 
ernor, Treasurer  and  Councillors  Report,  That  His  Excellency  Samuel 
C.  Crafts  is  elected  Governor.  The  Hon.  Henry  Olin  is  elected  Lieut. 
Governor.  Benjamin  Swan  Esq.  is  elected  Treasurer.  The  Hon. 
George  Worthington,  Jedediah  H.  Harris,  Seth  Wetmore,  Abner  Forbes, 
John  C.  Thompson,  Myron  Clark,  Ezra  Hoyt,  Robert  Pierpoint,  Ira  H. 
Allen,  Chauncey  Langdon,  Samuel  Clark  &  Benjamin  F.  Deming  are 
elected  Councillors  for  the  year  ensuing. 

John  Smith,  Secretary. 

Montpelier,  Oct.  9th  1828.  Henry  Olin,  Chairman.'''' 

Which  report  having  been  read,  the  Sheriff  of  Washington  County 
made  proclamations  of  said  elections ;  and  the  Governor  and  Council 
returned  to  their  Chamber.  Adjourned  to  9  o'clock  to  morrow  morning.2 


Friday  October  10, 1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  On  mo- 
tion ot  the  Hon.  Mr-  Pierpoint,  Ordered,  That  the  Sheriff  of  Washington 
County  be  directed  to  new-cover  the  table  in  the  Council  Chamber. 

A  message  was  received  from  the  House  of  Representatives  by  Mr- 
Hodges,  one  of  its  members,  informing  that  the  House  had  organized  by 
electing  the  Hon.  Robert  B.  Bates  Speaker,  Norman  Williams  Esq.  Sec- 
retary of  State,  Timothy  Merrill  Esq.  Clerk,  &  Oramel  H.  Smith  Esq. 
Engrossing  Clerk. 

His  Honor  Henry  Olin,  Lieut.  Governor  elect,  and  the  Hon.  Myron 
Clark,  Samuel  Clark,  George  Worthington,  Benjamin  F.  Deming,  Jed- 

1  The  election  sermon  was  preached  by  Rev.  Jonathan  Woodman. 
8  The  votes  for  governor  were  for  Samuel  C.  Crafts  16,285,  and  for 
Joel  Doolittle  916. 


Governor  and  Council — October  1828.  303 

ediah  H.  Harris,  Ezra  Hoyt,  Robert  Pierpoinl,  Seth  Wetmore,  Chauncey 
Langdon,  &  John  C.  Thompson  took  and  subscribed  the  oaths  of  office 
before  the  Hon.  Samuel  Prentiss,  one  of  the  Justices  of  the  Supreme 
Court,  of  which  the  Secretary  was  ordered  to  inform  the  House  of  Rep- 
resentatives. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit, 
"  Resolved,  the  Governor  &  Council  concurring  herein,  that  both  Houses 
meet  in  joint  committee  in  the  Representatives'  room,  at  two  o'clock  this 
afternoon,  for  the  purpose  of  electing  a  Chaplain  of  the  General  Assem- 
bly, for  the  year  ensuing,"  Which  was  read  and  concurred  in,  &  it  was 
Ordered,  that  the  Secretary  inform  the  House  of  said  concurrence.  Ad- 
journed to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. A  large  number  of  petitions  from  convicts  confined  in  the 
State  prison,  were  presented  and  filed. 

The  Hon.  Abner  Forbes  appeared  in  the  Council  Chamber,  was  duly 
sworn,  and  took  his  seat. 

The  Governor  and  Council  attended  in  the  Representatives'  room,  and, 
in  joint  committee  with  the  House,  elected  a  Chaplain,  after  which  they 
returned  to  their  Chamber.1 

The  petition  of  J.  Anderson,  a  convict,  confined  in  the  State  prison, 
was  called  up  and  read,  whereupon,  on  motion  of  Mr-  Pierpoint,  Ordered, 
that  said  petition  be  dismissed.  The  petition  of  Ira  Batchelder,  for  par- 
don, was  taken  up  and  read,  whereupon,  on  motion  of  Mr-  Wetmore, 
Ordered,  that  said  petition  be  dismissed.  The  petition  of  Charles  Baker, 
for  pardon,  was  taken  up  and  read, — Whereupon,  on  motion  of  Mr-  Wet- 
more, Ordered,  that  said  petition  be  dismissed.  The  petition  of  J.  P. 
Brown,  for  pardon,  was  taken  up  and  read.  Whereupon,  on  motion  of 
Mr-  Langdon,  Ordered,  that  said  petition  be  dismissed. 

The  Governor  and  Council  attended  in  the  Representatives'  room, 
when  His  Excellency,  the  Governor,  took  and  subscribed  the  oaths  of 
office,  before  the  Hon.  Samuel  Prentiss,  one  of  the  Justices  of  the  Su- 
preme Court,  and  delivered  the  following  Speech.2  The  Governor  and 
Council  then  returned  to  their  Chamber. 

The  House  sent  up  for  concurrence,  the  following  resolution,  "  Re- 
solved, The  Governor  and  Council  concurring  herein,  that  both  Houses 
meet  in  county  conventions,  on  Saturday  this  week,  at  4  o'clock  in  the 
afternoon,  for  the  purpose  of  making  nominations  of  county  officers;  and 
that  they  meet  in  joint  committee  in  the  Representatives'  room,  at  the 
opening  of  the  House,  on  Monday  morning  next,  for  the  purpose  of 
electing  such  officers."  Which  was  read,  Whereupon,  Besolved  to  con- 
cur in  passing  said  resolution,  with  the  following  proposals  of  amend- 
ment— to  wit  —  "  Strike  out  the  words  '  Saturday  this  week,'  and  insert 
1  Monday  next'  Strike  out  the  word  '  Monday,'  in  the  last  line  but 
one  of  the  resolution,  and  insert '  Tuesday.'  "  Ordered,  that  the  Secre- 
tary notify  the  House  accordingly.  Adjourned  to  9  o'clock  tomorrow 
morning. 


Saturday  October  11, 1828.    9  o'clock  A.  M. 
The  Governor  and  Council  met  pursuant  to  adjournment.    The  peti- 
tion of  Baptiste  Crumas,  a  convict  in  the  State  prison,  for  pardon,  was 

1  Rev.  Jonathan  Woodman  was  elected. 
8  For  speech  see  Appendix  A. 


304  Governor  and  Council — October  1828. 

taken  [up]  and  read,  whereupon,  on  motion,  Ordered,  that  said  petition 
be  dismissed. 

The  petition  of  George  Clarke,  a  convict  in  the  State  prison,  for  par- 
don, was  taken  up  and  read,  whereupon,  on  motion  Ordered,  that  said 
petition  be  dismissed.  The  petition  of  I.  Brown,  a  convict  in  the  State 
prison,  for  pardon,  was  taken  up  and  read,  whereupon,  on  motion,  Or- 
dered, that  said  petition  be  dismissed.  The  petitions  of  the  following 
convicts  in  the  State  prison,  to  wit,  James  Con,  S.  Clements,  J.  A.  Car- 
penter, Stephen  Coates,  A.  Duncan,  William  Davis,  J.  Ervine,  Lewis 
Freemors,  Caleb  R.  Gillett,  T.  Gilbert,  William  Fitz  Patrick,  John  Gee, 
Joseph  Hogg,  William  Hawley,  Lucius  Hill,  John  Hunt,  J.  Johnson,  Will- 
iam Jones,  S.  Jones,  John  Jackson,  Jesse  Lucas,  Joel  B.  King,  W.  Loux  & 
M.  Lillis,  were  severally  taken  up  and  read — and  on  motion  were,  sev- 
erally, Ordered  to  be  dismissed.  The  petition  of  Erastus  Little,  a  con- 
vict in  the  State  prison,  was  taken  up,  whereupon  it  was  moved  that  the 
said  Erastus  Little  be  discharged  from  said  prison,  on  condition  of  his 
leaving  the  State  within  thirty  days,  which  motion  was  decided  in  the 
affirmative,  Yeas  10,  Nays  0.  Those  who  voted  in  the  affirmative  are 
the  Lieut.  Governor,  Mess'8-  Clark  of  Bennington  County,  Clark  of  Wind- 
ham county,  Deming,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson,  & 
Worthington.  The  petitions,  for  pardon  of  the  following  convicts  in  the 
State  prison,  to  wit,  James  Murphy,  Andrew  Martin,  Chester  Mallery,  C. 
Mellen,  Neally  Norris,  A.  Oleary,  David  O'Bryan,  Jabesh  K.  Parkhurst, 
John  Reynolds,  C.  Smith,  George  Stephens,  Jesse  Shupee,  P.  Shep- 
hard,  T.  J.  Severance,  H.  Shepard,  Z.  Shipley,  and  T.  Williams  were 
severally  taken  up  &  read,  &  on  motion,  were  severally  Ordered  to  be 
dismissed. 

The  House  sent  up  the  following  resolution  for  concurrence,  to  wit, 
"  Resolved,  The  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  representatives  room,  at  ten  o'clock,  on  Tuesday 
morning  next,  for  the  purpose  of  electing  Judges  of  the  Supreme  Court." 
— Which  being  read — Resolved,  to  concur  in  passing  said  resolution  & 
Ordered,  that  the  Secretary  notify  the  House  accordingly.1 

The  House  sent  up  the  following  for  concurrence  in  the  reference,  to 
wit — "An  act  to  repeal  part  of  an  act  therein  mentioned,"  with  an  order 
of  the  House  thereon  that  the  same  be  referred  to  the  Committee  on 
Education  ;  whereupon  Resolved  to  concur  in  said  order  of  reference. 
Also,  The  petition  of  John  Lyman  Jr.  &  others,  with  an  order  of  the 
House  thereon  that  it  be  referred  to  the  Committee  on  Education,  where- 
upon Resolved  to  concur  in  said  order  of  reference.  Also  "An  act  to 
repeal  an  act  therein  named,"  with  an  order  of  the  House  thereon  that 
it  be  referred  to  the  General  Committee,  Whereupon  Resolved  to  concur 
in  said  order  of  reference.  Also  The  petition  of  the  Selectmen  of  Brook- 
line,  with  an  order  of  the  House  thereon  that  it  be  referred  to  the  Gen- 
eral Committee,  Whereupon  Resolved  to  concur  in  said  order  of  reference. 
Also  The  petition  of  N.  Sampson  and  others,  and  the  petition  of  Samuel 
French  &  others,  with  an  order  of  reference  on  each  to  the  General 
Committee,  Whereupon  Resolved  to  concur  in  said  orders  of  reference. 
Also  The  petition  of  Stepen  Hinsdell  and  others,  with  an  order  of  the 
House  thereon  that  it  be  referred  to  the  Committee  of  Manufactures, 
Whereupon  Resolved  to  concur  in  said  order  of  reference.  Also  The 
petition  of  Josiah  Dow,  with  an  order  of  reference  thereon  to  the  Com- 
mittee of  Insolvency,  Whereupon  Resolved  to  concur  in  said  order  of 

1  Richard  Skinner,  Samuel  Prentiss,  Titus  Hutchinson  and  Bates 
Turner  were  elected. 


Governor  and  Council — October  1828.  305 

reference.  Also  the  petition  of  Benjamin  Bacon,  and  the  petition  of 
Truman  Purdy,  with  an  order  of  the  House  on  each  that  they  be  referred 
to  the  committee  of  claims,  Whereupon  Resolved  to  concur  in  said  orders 
of  reference.  Also  The  petition  of  Ira  Hill  and  others,  The  petition  of 
the  selectmen  of  Kingston,  The  petition  of  the  Inhabitants  of  Sunderland, 
The  petition  of  James  Miles  and  others,  The  petition  of  William  Barney 
and  others  —  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in 
the  town  of  Starksboro,"  with  an  order  of  reference  on  each  to  the  Land 
Tax  Committee,  Whereupon  Resolved  to  concur  in  said  several  orders  of 
reference.  Also  The  petition  of  Arthur  McGowan,  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.  Also  The 
petition  of  Eleazer  Allen,  and  The  petition  of  the  town  of  Winhall,  with 
an  order  of  reference  on  each  to  the  Committee  of  Ways  and  Means  ; 
Whereupon  Resolved  to  concur  in  said  several  orders  of  reference. 
Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to 
adjournment.  His  Excellency  the  Governor  was  pleased  to  appoint 
George  B.  Shaw  Secretary  of  the  Governor  and  Council  for  the  year 
ensuing,  &  he  was  sworn  to  the  faithful  discharge  of  his  duty  by  the  * 
Hon.  Mr-  Pierpoint.  Adjourned  to  Monday  morning  next,  9  o'clock 
A.  M. 


Monday  October  13,  1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Received 
from  the  House  the  following  Resolution,  to  wit — "Resolved  that  the 
General  committee  be  instructed  to  enquire  into  the  expediency  of  re- 
pealing the  16th  Section  of  an  act  entitled  uan  act  to  provide  for  .the 
support  of  common  schools,"  or  so  much  of  the  same  as  provides  that 
the  board  of  commissioners  for  common  schools  shall  prepare  a  list  of 
school  books  from  which  they  shall  advise  the  superintending  committee 
in  the  several  towns  to  select  the  books  to  be  used  in  the  common 
schools  in  their  respective  towns  ;  and  report  by  bill  or  otherwise," 
which  being  read  was,  on  motion,  amended  by  erasing  the  words  "Gen- 
eral committee"  and  inserting  in  lieu  thereof  the  words  "Committee  on 
Education,"  Whereupon  Resolved  to  concur  in  passing  said  resolution  as 
amended.     Ordered,  that  the  Secretary  notify  the  House  accordingly. 

Received  from  the  House  the  petition  of  the  Inhabitants  of  Bolton, 
the  petition  of  the  Inhabitants  of  Richmond  and  the  petition  of  the  In- 
habitants of  Huntington,  with  an  order  of  the  House  on  each  that  the 
same  be  referred  to  the  members  of  the  House  from  Chittenden  county  to 
join  from  Council;  whereupon,  Resolved,  to  concur  in  said  several  orders 
of  reference,  and  Mr  Thompson  was  appointed  from  Council.  The  House 
also  sent  up  the  following  for  concurrence  in  the  reference,  to  wit,  "An 
act  laying  a  tax  on  the  County  of  Caledonia,"  with  an  order  of  reference 
thereon  to  the  members  of  the  House  from  Caledonia  county,  to  join  from 
Council;  Whereupon,  Resolved,  to  concur  in  said  order  of  reference,  and 
Mr-  Deming  was  appointed  from  Council.  Also,  The  petition  of  Samuel 
Lockwood,  with  an  order  of  reference  thereon  to  the  General  Commit- 
tee;— Also,  The  petition  of  John  Warner  &  others,  with  an  order  of  ref- 
erence thereon  to  the  committee  on  Military  affairs; — Also,  "An  act  for 
the  relief  of  the  town  of  Peru,"  with  an  ord£r  of  reference  thereon  to  the 
Committee  of  Ways  &  Means;  Also,  "An  act,  directing  the  Treasurer  of 
this  State  to  credit  the  town  of  Waterville  the  amount  therein  named," 
with  an  order  of  reference  thereon  to  the  committee  of  Ways  and  Means; 

20 


306  Governor  and  Council — October  1828. 

Also,  The  petition  of  Henry  Stevens  &  others,  with  an  order  of  refer- 
ence thereon  to  the  committee  of  Ways  and  Means;  And  "  an  act  to  dis- 
charge the  town  of  Belvidere  from  the  payment  of  the  State  tax  in  the 
year  1827"  with  an  order  of  reference  thereon  to  the  committee  of  Ways 
and  Means;  Whereupon,  Resolved,  to  concur  in  the  several  orders  of  ref- 
erence. 

Received  from  the  House  the  report  of  the  Auditor  in  the  Treasury 
department,  with  an  order  of  reference  thereon  to  the  committee  of 
Ways  and  Means; — Whereupon,  Resolved,  to  concur  in  said  order  of 
reference. 

The  House  sent  up  the  following,  to  wit — "An  act  laying  a  tax  of  four 
cents  on  each  acre  of  land  in  the  town  of  Fairlee."  "An  act  laying  a  tax 
of  cents  on  each  acre  of  land  in  the  town  of  Wenlock,"  The  remon- 
strance of  Geo.  Bidwell  &  others;  The  petition  of  Elisha  Lapham  &  oth- 
ers ;  The  petition  of  Jairus  Stebbins  &  others:  The  petition  of  Charles 
Sampson  &  others  ;  The  petition  of  Otis  Leland  and  others  ;  "  An  act 
assessing  a  tax  of cents  on  each  acre  of  land  in  the  town  of  Ferdi- 
nand," The  petition  of  Geo.  W.  Denison  and  others;  "An  act  laying  a 
tax  of  two  cents  on  each  acre  of  land  in  the  town  of  Norton,  Warren 
Gore,  Avery's  Gore  &  Warner's  Gore,"  "  An  act,  laying  a  tax  of  four 
cents  on  each  acre  of  land  in  the  town  of  Lewis,"  The  petition  of  Abel 
Allton  and  others  ;  The  petition  of  Henry  Whitney  and  others  ;  The 
petition  of  the  Selectmen  of  Coventry;  The  petition  of  the  Selectmen  of 
Marshfield;  and  The  petition  of  Benja-  S.  Clark  &  others,  with  an  order 
of  reference  on  each  to  the  Land  Tax  Committee,  Whereupon  Resolved, 
to  concur  in  said  several  orders  of  reference. 

The  House  also  sent  up  for  concurrence  in  the  reference  the  following 
to  wit  —  The  petition  of  Daniel  Church  and  others,  and  the  petition  of 
John  Phelps  and  others,  with  an  order  of  reference  on  each  to  the  com- 
mittee on  roads  and  canals  ;  Whereupon  Resolved  to  concur  in  said 
several  orders  of  reference.  Received  from  the  House  the  following,  to 
wit,  "An  act  directing  the  Treasurer  to  pay  Joseph  Rollins  the  sum 
therein  mentioned,"  The  petition  of  Levi  Hall,  "An  act  directing  the 
Treasurer  of  this  State  to  pay  Calvin  Hugh  the  sum  therein  mentioned," 
The  petition  of  Albe  Davison  ;  The  petition  of  Nathan  White  ;  The  pe- 
tition of  Daniel  Bowen  ;  "An  act  directing  the  Treasurer  to  pay  David 
Morse  the  sum  therein  mentioned,"  and  "An  act  directing  the  Treasurer 
of  the  State  to  credit  the  town  of  Dover  the  sum  therein  mentioned," 
with  an  order  of  reference  on  each  to  the  committee  of  claims  ;  Where- 
upon Resolved  to  concur  in  said  several  orders  of  reference.  Also,  re- 
ceived from  the  House  "An  act  directing  the  Treasurer  to  pay  Benjamin 
Blaney  Sargeant  the  sum  therein  mentioned,"  with  an  order  of  reference 
thereon  to  the  committee  of  claims,  Whereupon  Resolved  to  concur  in 
said  order  of  reference.  Received  also  from  the  House  the  following,  to 
wit — The  Auditor's  report  of  the  school  fund,  with  an  order  of  reference 
thereon  to  the  committee  of  Education  ;  The  petition  of  Elizabeth  Has- 
kel,  with  an  order  of  reference  thereon  to  the  Judiciary  committee,  and 
the  petition  of  Africa  and  John  Davis,  and  "An  act  appointing  a  collec- 
tor in  the  town  of  Middletown,"  with  a  like  order  of  reference  on  each  ; 
Whereupon  Resolved  to  concur  in  said  several  orders  of  reference. 

The  petition  of  William  Jillet  for  a  discharge  from  imprisonment  was 
called  up  and  read,  and  the  question  being  put,  "Shall  the  said  William 
Jillett  be  discharged  from  imprisonment?"  it  was  decided  in  the  affirm- 
ative, as  follows,  to  wit,  Yeas  11,  Nays  0.  Those  who  voted  in  the  affirm- 
ative were  Mess18-  Clark  of  Bennington  County,  Clark  of  Windham 
County,  Deming,  Forbes,  Harris,  Hoyt,  Langdou,  Pierpoint,  Thompson, 
Wetmore  and  Worthington. 


Governor  and  Council — October  1828.  307 

Received  from  the  House  of  Representatives  a  message,  informing 
that  they  had  appointed,  agreeably  to  the  rules  of  the  House,  the  follow- 
ing standing  committees  in  which  they  desired  the  Governor  and  Coun- 
cil to  join,  to  wit  —  A  committee  of  four,  denominated  the  Committee  of 
Ways  and  Means,  A  committee  of  four,  denominated  the  Committee  on 
Military  Affairs,  A  committee  of  four,  denominated  the  Judiciary  Com- 
mittee, A  committee  of  four,  denominated  the  Committee  of  Claims,  A 
committee  of  four,  denominated  the  Committee  on  roads  and  canals,  A 
committee  of  four,  denominated  the  Committee  of  Insolvency,  A  com- 
mittee of  four,  denominated  the  Committee  of  Manufactures,  A  commit- 
tee of  four,  denominated  the  Committee  of  Agriculture,  A  committee  of 
four,  denominated  the  Land  Tax  Committee,  A  committee  of  thirteen, 
denominated  the  General  Committee,  A  committee  of  four,  denominated 
the  Committee  on  Education,  Whereupon,  Resolved  to  join  in  the  ap- 
pointment of  said  committees,  and  Mr  Wetmore  was  appointed  on  the 
Committee  of  Ways  and  Means,  Mr  Clark  of  Bennington  C°-  was  ap- 
pointed on  the  Committee  on  Military  Affairs,  Mr-  Thompson  was  ap- 
pointed on  the  Judiciary  Committee,  Mr-  Forbes  was  appointed  on  the 
Committee  of  Claims,  Mr-  Langdon  was  appointed  on  the  Committee  on 
Roads  &  Canals,  Mr-  Harris  was  appointed  on  the  Committee  of  Insol- 
vency, Mr-  Clark  of  Windham  C°-  was  appointed  on  the  Committee  of 
Manufactures,  Mr-  Hoyt  was  appointed  on  the  Committee  of  Agriculture, 
Mr-  Allen  was  appointed  on  the  Land  Tax  Committee,  Mr  Worthington 
was  appointed  on  the  General  Committee,  and  Mr-  Pierpoint  was  ap- 
pointed on  the  Committee  on  Education. 

Received  from  the  House  the  following  resolution,  to  wit,  "  In  Gen- 
eral Assembly  Oct.  11,  1828.  Resolved,  The  Governor  and  Council  con- 
curring herein,  that  thirty  additional  copies  of  the  Journals  of  the 
General  Assembly  be  annually  deposited  in  the  library  for  the  use  of 
the  Legislature,"  which  was  read,  Whereupon  Resolved  to  concur  in 
passing  said  resolution.  Received  also  from  the  House  the  following 
resolution,  to  wit,  u  In  General  Assembly  Oct.  11,  1828.  Resolved,  The 
Governor  and  Council  concurring  herein,  that  the  Clerk  of  the  General 
Assembly  is  hereby  directed  to  cause  to  be  printed  and  distributed  to 
the  members  thereof,  during  the  present  session,  and  annually  there- 
after, the  blanks  which  are  required  to  be  printed  and  distributed  by  an 
act,  passed  Nov.  11,  1827,  entitled  'an  act  in  addition  to  an  act  ascer- 
taining the  principles  on  which  the  list  of  this  State  shall  be  made  and 
directing  listers  in  their  office  and  duty,'"  ;  which  was  read,  Whereupon 
Resolved  to  concur  in  passing  said  resolution.  Ordered  that  the  Secre- 
tary notify  the  House  of  Representatives  of  the  concurrence  of  the  Gov- 
ernor and  Council  in  passing  the  two  last  mentioned  resolutions. 

Adjourned  to  2  o'clock  P.  M. 

2  O'clock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment, and  Adjourned  to  9  o'clock  to  morrow  morning. 


Tuesday  Oct.  14.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up  for  concurrence  the  following  resolution  to  wit,  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  both  Houses 
meet  in  the  representatives'  room,  on  Tuesday,  at  10  o'clock  in  the  fore- 
noon, to  elect  a  person  to  preach  the  next  election  sermon,  a  Surveyor 
General  for  the  State,  and  an  Auditor  of  Accounts  against  the  State,  for 
the  year  ensuing,"  which  being  read  was,  on  motion,  amended,  by  eras- 
ing the   word  **  Tuesday,"  and   inserting  in    lieu   thereof,   the    word 


308  Governor  and  Council — October  1828. 

<;  "Wednesday  " — Whereupon,  Resolved,  to  concur  in  passing  said  resolu- 
tion, as  amended,  &  Ordered,  That  the  Secretary  notify  the  House  ac- 
cordingly. .  The  House  also  sent  up  for  concurrence  the  following  reso- 
lution, to  wit — "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  General  Committee  be  instructed  to  prepare  and  report  to  this 
House  a  bill  for  incorporating  the  wild  lands  in  this  State  into  the  list 
with  other  property,  for  taxation  " — which  was  read,  Whereupon,  Or- 
dered, that  said  resolution  lie  upon  the  table.  Received  from  the  House 
the  following  resolutions,  to  wit — "  Resolved,  the  Governor  and  Council 
concurring  herein,  that  so  much  of  His  Excellency's  speech  as  relates  to 
common  schools,  be  referred  to  the  Committee  on  Education."  "  Re- 
solved, The  Governor  and  Council  concurring  herein,  that  the  Judiciary 
Committee  be  instructed  to  inquire  into  the  expediency  of  so  altering 
the  probate  law,  as  to  authorize  an  appeal  from  the  Judge  of  probate  to 
the  County  Court "  ;  "  Resolved,  The  Governor  and  Council  concurring 
herein,  that  so  much  of  His  Excellency's  speech,  as  relates  to  land  taxes, 
be  referred  to  the  Judiciary  Committee,"  Which  were  severally  read  ; 
Whereupon,  Resolved,  to  concur  in  passing  said  several  resolutions. 

The  House  sent  up  the  following,  for  concurrence  in  the  reference,  to 
wit, — The  petition  of  the  Inhabitants  of  School  district  N°-  18  in  Spring- 
field, with  an  order  of  reference  thereon  to  the  Judiciary  Committee  ; 
"An  act  regulating  shows  and  other  exhibitions  "  ;  with  an  order  of  ref- 
erence thereon  to  the  Judiciary  Committee;  The  petition  of  Gilbert 
Bradley  2d>  with  an  order  of  reference  thereon  to  the  Judiciary  Commit- 
tee; '"An  act,  in  addition  to  an  act,  entitled  an  act,  constituting  the  Su- 
preme Court  of  Judicature  and  County  Courts,  defining  their  powers,  & 
regulating  judicial  proceedings,"  with  an  order  of  reference  thereon  to 
the  Judiciary  Committee.  Whereupon,  Resolved,  to  concur  in  said  sev- 
eral orders  of  reference.  Received  from  the  House  for  concurrence  in 
the  reference,  the  following,  to  wit,  The  petition  of  John  Rugg,  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  His  Honor  the  Lieut.  Governor  was  appointed  from 
Council.  The  petition  of  Erastus  Mazuzan,  and  The  petition  of  Eliza- 
beth Powell,  with  an  order  of  the  House  on  each  that  the  same  be  refer- 
red to  the  committee  raised  on  the  petition  of  John  Rugg;  Whereupon, 
Resolved,  to  concur  in  said  several  orders  of  reference.  Received  also 
from  the  House,  for  concurrence  in  the  reference,  "An  act,  in  alteration 
of 'an  act,  dividing  the  State  into  districts,  for  electing  representatives 
to  the  Congress  of  the  United  States,  and  directing  the  mode  of  their 
election,'  "  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  a  select  committee  of  four  to  join  from  Council,  Whereupon,  Resolved, 
to  concur  in  said  order  of  reference,  and  His  Honor,  the  Lieut.  Gover- 
nor, was  appointed  from  Council.  The  petition  of  the  town  of  Weath- 
ersfield,  and  The  petition  of  Elias  Lyman,  and  others,  with  an  order  of 
reference  on  each  to  the  Committee  on  Roads  &  Canals  ;  Whereupon, 
Resolved,  to  concur  in  said  several  orders  of  reference.  The  petitions  of 
the  towns  of  Stirling  and  Cambridge,  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  Mr  Dem- 
ing  was  appointed  from  Council.  Also,  The  petition  of  Samuel  Cobb,  and 
others;  The  petition  of  Zebina  Cushman,  and  others;  and  The  petition 
of  Elijah  Clark,  &  others,  with  an  order  of  the  House  on  each  referring 
the  same  to  the  committee  raised  on  the  petition  of  Stirling  and  Cam- 
bridge ;  Whereupon,  Resolved,  to  concur  in  said  several  orders  of  refer- 
ence. Also,  The  petition  of  James  Petrie  &  others,  with  an  order  of 
the  House  thereon  referring  the  same  to  the  Committee  on  Military 


Governor  and  Council — October  1828.  309 

Affairs,  also,  The  petition  of  Samuel  13.  Booth,  with  an  order  of  refer- 
ence thereon  to  the  Committee  of  Claims  ;  Also,  "An*  act  directing  the 
Treasurer  to  credit  the  first  constable  of  the  town  of  Acton  the  sum 
therein  mentioned,"  with  an  order  of  reference  thereon  to  the  Commit- 
tee of  Claims  ;  Whereupon,  Resolved,  to  concur  in  said  several  orders  of 
reference.  Also,  the  following,  to  wit, — The  petition  of  Samuel  Baker, 
and  others;  The  petition  of  the  Selectmen  of  Newbury  ;  The  petition  of 
Timothy  Matthews,  and  others  ;  The  petition  of  Ira  H.  Allen,  and  oth- 
ers; The  petition  of  the  Selectmen  of  Stowe,  and  the  remonstrance  of 
James  A.  Graves,  and  others,  with  an  order  of  the  House  on  each  refer- 
ring the  same  to  the  Land  Tax  Committee;  Whereupon,  Resolved,  to 
concur  in  said  several  orders  of  reference.  Also,  "An  act  incorporating 
the  Rutland  Cotton  Manufacturing  Company,"  with  an  order  of  the 
House  thereon,  referring  the  same  to  the  Committee  of  Manufactures; 
Whereupon,  Resolved,  to  concur  in  said  order  of  reference.  Also,  "An 
act,  incorporating  the  female  school  Association  of  Middlebury,"  with 
an  order  of  the  House  thereon,  referring  the  same  to  the  Committee  on 
Education;  and  the  petition  of  the  town  of  Baltimore,  with  an  order  of 
the  House  thereon  referring  the  same  to  the  Committee  of  Ways  &  Means; 
Whereupon,  Resolved,  to  concur  in  said  several  orders  of  reference. 
Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.  —  The  Governor  and  Council  met  agreeably  to 
adjournment.  The  petition  of  P.  J.  C.  Johnson,  a  convict  in  the  State 
prison,  was  called  up  and,  on  motion,  Ordered  to  lie  on  the  table  and 
Wednesday  morning  next  was  assigned  for  acting  on  the  same.  The 
petition  of  Adonijah  Hewett,  a  convict  in  the  State  prison,  was  called 
up,  and  the  question  being  put,  "Shall  the  said  Hewett  be  discharged 
from  the  State  prison  ?"  it  was  determined  in  the  affirmative.  Yeas  11, 
Nays  0.  Those  who  voted  in  the  affirmative  were,  The  Lieut.  Governor, 
Messrs.  Clark  of  Bennington  County,  Clark  of  Windham  County,  Dera- 
ing,  Forbes,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson  &  Worthing- 
ton.  The  petition  of  Frederick  Wade,  a  prisoner  confined  in  the  com- 
mon Jail  in  Bennington,  in  the  County  of  Bennington,  on  a  conviction 
for  the  crime  of  theft,  tor  a  pardon,  was  taken  up,  and  the  question  being 
put,  "Shall  a  pardon  be  granted  the  said  Frederick  Wade  ? "  it  was 
determined  in  the  affirmative  —  Yeas  11,  Nays  0.  Those  who  voted  in 
the  affirmative  were,  The  Lieut.  Governor,  Messrs.  Clark  of  Benning- 
ton County,  Clark  of  Windham  County,  Deming,  Forbes,  Harris,  Hoyt, 
Langdon,  Pierpoint,  Thompson  and  Worthington.  Adjourned  to  9 
o'clock  to  morrow  morning. 


Wednesday  October  15.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  Hon. 
Ira  H.  Allen,  a  member  of  the  Council,  appeared,  was  duly  sworn  and 
took  his  seat. 

The  House  sent  up  the  following  resolutions  for  concurrence  in  pass- 
ing —  to  wit  —  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  General  Committee  be  instructed  to  inquire  into  the  expediency 
of  providing  by  law  for  making  a  deduction  in  the  lists  of  such  persons 
as  are  in  debt,  at  the  rate  of  six  per  cent,  on  such  sum,  as  such  persons 
shall  prove  to  the  satisfaction  of  the  listers  that  they  are  owing,  over 
and  above  their  money  on  hand  and  debts  due,  and  report  by  bill  or 
otherwise  ; "  "  Resolved,  The  Governor  and  Council  concurring  herein, 
that  the  judiciary  Committee  be  directed  to  examine  the  Constitution 
of  Vermont,  and  see  what  part  thereof  conveys  the  right  to  the  House 


310  Governor  and  Council — October  1828. 

of  representatives  to  lay  a  direct  tax  on  the  people  for  the  support  of 
common  schools, -and  report  the  same  to  this  House  ;"  "Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  Committee  on  Edu- 
cation be  instructed  to  inquire  whether  any,  and  if  any,  what  further 
provision  is  necessary  for  rendering  permanently  secure  the  school  fund, 
considering  its  increasing  and  anticipated  future  amount ; "  Resolved, 
The  Governor  and  Council  concurring  herein,  that  so  much  of  his  Ex- 
cellency's speech  as  relates  to  banks  be  referred  to  a  committee  of  four 
members  of  this  House  to  join  from  Council."  Whereupon,  Resolved  to 
concur  in  passing  said  several  resolutions,  and  Mr-  Deming  was  appointed 
from  Council  on  the  last  mentioned  resolution. 

Received  from  the  House  the  following  for  concurrence  in  the  refer- 
ence, to  wit,  The  petition  of  Samuel  E.  Chalker  and  others,  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  ref- 
erence and  the  Lieut.  Governor  was  appointed,  from  Council.  The 
petition  of  John  Kilburn,  with  an  order  of  the  House  thereon  that  the 
same  be  referred  to  a  select  committee  of  two  to  join  from  Council  ; 
Whereupon  Resolved  to  concur  in  said  order  of  reference  and  Mr-  Harris 
was  appointed  from  Council.  The  petition  of  the  Selectmen  of  Belvi- 
dere,  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  Mr  Wetmore  was  appointed  from  Council. 
The  petition  of  Benjamin  Rolfe  and  others,  with  an  order  of  the  House 
thereon  that  the  same  be  referred  to  the  committee  on  the  petition  of 
the  Selectmen  of  Belvidere;  Whereupon  Resolved  to  concur  in  said  order 
of  reference.  The  petition  of  the  Selectmen  of  Eden,  with  an  order  of 
reference  thereon  to  the  committee  on  the  petition  of  the  Selectmen  of 
Belvidere  ;  Whereupon  Resolved  to  concur  in  said  order  of  reference. 
The  petition  of  Elijah  Loomis  with  an  order  of  reference  thereon  to  a 
committee  of  two  to  join  from  Council  ;  Whereupon  Resolved  to  concur 
in  said  order  of  reference  and  Mr  Wetmore  was  appointed  from  Council. 
The  petition  of  William  Mott,  with  an  order  of  reference  thereon  to  the 
committee  on  the  petition  of  Elijah  Loomis  ;  Whereupon  Resolved  to 
concur  in  said  order  of  reference.  Received  also  from  the  House  The  re- 
monstrance of  the  proprietors  of  the  town  of  Peru;  &  "An  act  laying  a  tax 
of  four  cents  on  each  acre  of  laud  in  the  town  of  Canaan,"  with  an  order  of 
reference  on  each  to  the  Land  Tax  Committee.  Also  "An  act  directing 
the  Treasurer  of  the  State  to  credit  the  town  of  Dover  the  sum  therein  men- 
tioned," with  an  order  of  reference  thereon  to  the  Committee  of  Claims. 
Also,  "An  act  to  repeal  part  of  an  act  therein  mentioned,"  with  an  order 
of  reference  thereon  to  the  Committee  on  Education.  Also  "An  act  in 
addition  to  an  act  regulating  conveyances  of  real  estate  and  for  the  pre- 
vention of  frauds  therein,"  with  an  order  of  reference  thereon  to  the 
Judiciary  Committee.  Also  The  petition  of  Elijah  Furguson  and  oth- 
ers, with  an  order  of  reference  thereon  to  the  Judiciary  Committee  ; 
whereupon  Resolved  to  concur  in  said  several  orders  of  reference. 

The  House  sent  up  the  following  resolution,  to  wit  —  "  Resolved,  that 
the  Committee  on  Military  Affairs  be  instructed  to  inquire  into  the 
expediency  of  so  far  altering  the  Militia  laws  of  this  State  as  to  prohibit 
the  calling  out  of  the  militia,  in  times  of  peace,  for  any  military  exercise, 
on  the  Saturday  of  any  week.  Also,  so  as  to  regulate  the  officers  in  the 
several  companies,  in  cases  of  absence  for  a  less  term  than  one  year  ; 
and  to  report  by  bill  or  otherwise,"  which  was  read,  Whereupon,  Re- 
solved to  concur  in  passing  said  resolution. 

Received,  also  from  the  House,  The  petition  of  Ira  Coolidge  and 
others,  and  the  petition  of  the  Officers  of  the  Northfield  Artillery,  with 


Governor  and  Council — October  1828.  311 

an  order  of  the  House  on  each  referring  the  same  to  the  Committee  on 
Military  Affairs  ;  whereupon  Resolved  to  concur  in  said  several  orders 
of  reference.  Also,  the  petition  of  Edwin  M.  Runnels,  with  an  order  of 
the  House  thereon,  referring  the  same  to  the  committee  on  the  petition 
of  John  Rugg  ;  whereupon  Resolved  to  concur  in  said  order  of  reference. 

The  resolution  of  the  House,  instructing  the  General  Committee  to 
inquire  into  the  expediency  of  repealing  the  16th  section  of  "an  act  to 
provide  for  the  support  of  common  schools  &c."  which  was  amended  by 
the  Governor  and  Council  on  the  13th  Instant,  by  erasing  the  words 
''General  Committee"  and  inserting  in  lieu  thereof  the  words  "Commit- 
tee on  Education,"  was  received  from  the  House,  with  an  indorsement 
thereon  that  it  had  concurred  in  said  amendment. 

A  message  was  received  from  the  Speaker  of  the  House  of  represent- 
atives, informing  that  the  House  had  concurred  in  the  amendments 
proposed  by  the  Governor  and  Council  to  the  resolution  assigning  a 
time  for  the  meeting  of  both  Houses  for  the  election  of  a  person  to 
preach  the  next  election  sermon,  a  Surveyor  General,  and  an  Auditor  of 
accounts  against  the  State  :  —  Which  was  read. 

On  motion  of  Mr-  Clark  of  Windham  County  it  was  Ordered,  that  when 
the  Governor  and  Council  do  adjourn,  they  will  adjourn  to  9  o'clock  to- 
morrow morning. 

The  petition  of  Peter  J.  C.  Johnson,  a  convict  in  the  State  prison,  for 
the  consideration  of  which  this  morning  was  assigned,  was  called  up,  and 
the  question  being  put  "  Shall  the  said  Johnson  be  discharged  from  the 
State  prison  ?"  it  was  determined  in  the  affirmative; — Yeas  13,  Nays  0. 
Those,  who  voted  in  the  affirmative,  were  the  Lieut.  Governor,  Messrs- 
Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County,  Dem- 
ing,  Forbes,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson,  Wetmore 
and  Worthington.  On  motion  of  Mr-  Pierpoint,  the  vote,  dismissing  the 
petition  of  Lewis  Freemorz,  was  reconsidered,  and  the  question  being 
put,  "  Shall  the  said  Freemorz  be  discharged  from  the  State  prison  ?"  it 
was  determined  in  the  affirmative,  Yeas  10,  Nays  2.  Those,  who  voted 
in  the  affirmative,  were,  The  Lieut.  Governor,  Mr-  Allen,  Mr-  Clark  of 
Bennington  County,  Mr-  Clark  of  Windham  County,  Messrs.  Deming, 
Hoyt,  Pierpoint,  Thompson,  Wetmore  and  Worthington.  Those,  who 
voted  in  the  negative,  were  Messrs.  Forbes  and  Harris.  The  petition  of 
William  Stockwell,  a  convict  in  the  State  prison,  was  ordered  to  lie  on 
the  table.  The  petition  of  John  Canada,  a  convict  in -the  State  prison, 
was,  on  motion,  taken  up  and  read — Whereupon,  on  motion,  Ordered, 
that  said  petition  be  dismissed.  Adjourned  to  9  o'clock  to-morrow 
morning. 


Thursday  Oct.  16.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up  the  following  for  concurrence  in  the  reference,  to  wit, 
the  petition  of  the  President,  Directors  and  Company  of  the  Bank  of  Rut- 
land, with  an  order  of  reference  thereon  to  a  select  committee  of  four,  to 
join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence, and  the  Lieut.  Governor  was  appointed  from  Council; — The 
petition  of  Luther  Weld,  with  an  order  of  reference  thereon  to  a  Com- 

1  The  following  elections  were  made  in  Joint  Assembly:  Rev.  Charles 
Walker  to  preach  the  then  next  election  sermon,  and  Rev.  Worthington 
Smith  substitute  ;  Calvin  C.  Waller  Surveyor  General  ;  and  David 
Pierce  Auditor  of  Accounts. 


312  Governor  and  Council — October  1828. 

mittee  of  four  to  join  from  Council;  Whereupon,  Resolved,  To  concur  in 
said  order  of  reference,  and  M>  Pierpoint  was  appointed  from  Council. 
The  petition  of  John  Doolittle  and  others,  with  an  order  of  reference 
thereon  to  the  Committee  on  Roads  and  Canals  ;  Whereupon,  Resolved, 
To  concur  in  said  order  of  reference;  The  petition  of  Welcome  Freeman, 
with  an  order  of  reference  thereon  to  the  Committee  of  Ways  and  Means; 
— Whereupon,  Resolved,  To  concur  in  said  order  of  reference.  Also, 
"An  act,  directing  the  Treasurer  to  pay  Moses  Morse  the  sum  therein 
mentioned,"  with  an  order  of  reference  thereon  to  the  Committee  of 
Claims  ;  Whereupon,  Resolved,  To  concur  in  said  order  of  reference. 
Also,  "An  act  incorporating  certaiu  persons  therein  named,  by  the  name 
of  the  Vergennes  hemp  manufacturing  Company,"  with  an  order  of  ref- 
erence thereon  to  the  Committee  on  Manufactures  ;  Whereupon,  Re- 
solved, To  concur  in  said  order  of  reference  ; — Also,  The  petition  of  Jo- 
seph C.  Hollister  &  others  ;  The  petition  of  Abner  Allyn  &  others;  The 
petition  of  the  Select-men  of  Goshen  ;  and  The  petition  of  Joshua  Wade 
&  others,  with  an  order  of  reference  on  each  to  the  Land  Tax  Commit- 
tee ;  Whereupon,  Resolved,  To  concur  in  said  several  orders  of  refer- 
ence. Also,  The  petition  of  Luther  F.  Gates  and  others,  and  The  petition 
of  Nathan  Young  and  others,  with  an  order  of  reference  on  each  to  the 
Committee  on  Military  Affairs; — Whereupon,  Resolved,  To  concur  in  said 
several  orders  of  reference  ; — Also,  The  petition  of  the  Fairhaven  Turn- 
pike Company,  with  an  order  of  reference  thereon  to  the  Committee  on 
Roads  and  Canals  ;  Whereupon,  Resolved,  To  concur  in  said  order  of 
reference. 

The  House  sent  up  for  concurrence  in  passing,  the  following  resolu- 
tions— to  wit — "  Resolved,  that  the  Committee  on  Military  Affairs  be 
instructed  to  inquire  into  the  expediency  of  passing  an  act,  requiring 
towns  to  be  provided,  at  all  times,  with  a  certain  quantity  of  ammuni- 
tion, and  providing  for  the  safe-keeping  and  disposition  of  the  same. — 
Also,  to  inquire  whether  any  provision,  by  law,  be  necessary  to  insure 
the  safe-keeping  of  the  arms,  heretofore  distributed  to  the  several  towns 
in  this  State."  "  Resolved,  The  Governor  and  Council  concurring  herein, 
that  the  Committee  on  Roads  and  Canals  be  instructed  to  inquire  into 
the  expediency  of  reporting  a  bill,  whereby  the  Select-men  of  any  town 
in  this  State  shall  be  empowered  to  draw  money  from  the  treasury  of 
their  respective  towns,  (not  exceeding  the  amount  of  dollars)  for  the 
purpose  of  building  or  repairing  roads  and  bridges,  in  all  cases,  where  the 
same  shall  have  become  entirely  impassable,  by  reason  of,  any  extra- 
ordinary freshet  or  other  cause"; — "  Resolved,  The  Governor  and  Coun- 
cil concurring  herein,  that  the  Committee,  to  whom  was  referred  the  bill 
entitled  'An  act,  in  alteration  of  an  act,  dividing  the  State  into  districts, 
for  the  purpose  of  electing  representatives  to  Congress '  &c.  be  directed 
to  inquire  into  the  expediency  of  taking  from  the  first  congressional  dis- 
trict, the  towns  of  Pawlet,  Danby  and  Mount-Tabor  in  the  County  of 
Rutland,  and  annexing  the  same  to  the  second  congressional  district ; 
and  report  by  bill,  or  otherwise  ";  "  Resolved,  The  Governor  and  Coun- 
cil concurring  herein,  that  the  Committee  on  Education  be  instructed  to 
report  a  bill,  whereby  a  part  of  the  inhabitants  of  any  town  in  this 
State,  who  shall  heretofore  have  united  with  any  number  of  inhabitants 
in  an  adjoining  town  or  towns,  in  this  State,  for  the  purpose  of  support- 
ing a  school,  agreeably  to  the  laws  of  this  State,  relating  to  schools,  shall 
be  empowered  to  with-draw  themselves  from  the  town  or  towns,  with 
which  they  had  formerly  been  united,  and  be  formed  into  a  separate  dis- 
trict, or  united  with  another  district,  in  their  own  town  ";  Which  were 
severally  read;  Whereupon,  Resolved,  To  concur  in  passing  said  several 
resolutions. 


Governor  and  Council — October  1828.  313 

The  resolution  relating  to  the  incorporation  of  the  wild  lands  in  this 
State  into  the  list  with  other  property  for  taxation,  which,  on  the  14th 
instant,  was  ordered  to  lie  on  the  table,  was  called  up,  and,  on  motion, 
amended  by  erasing  the  words  "  prepare  and  report  to  this  House  a  bill 
for,"  and  inserting,  in  lieu  thereof,  the  words,  "inquire  into  the  expediency 
of," — Whereupon,  Resolved,  To  concur  in  passing  said  resolution,  as 
amended,  &  Ordered,  That  the  Secretary  notify  the  House  accordingly. 

Mr-  Harris  moved  to  reconsider  the  vote  of  the  11th  instant,  dismissing 
the  petition  of  Jacob  Johnson,  a  convict  in  the  State  prison,  which 
motion,  being  put,  was  determined  in  the  negative.  The  petition  of 
James  Weston,  a  convict  in  the  State  prison,  was  called  up,  and,  on 
motion,  Ordered  That  said  petition  be  dismissed.  The  petition  of  John 
Stacy,  a  convict  in  the  State  prison,  was  called  up,  and  the  question, 
being  put,  "  Shall  the  said  John  Stacy  be  discharged  from  the  State 
prison?"  was  determined  in  the  affirmative.  Yeas  6,  Nays  5.  Those, 
who  voted  in  the  affirmative,  were,  The  Lieut.  Governor,  Messrs.  Clark 
of  Windham  County,  Hoyt,  Langdon,  Thompson  &  Worthington.  Those 
who  voted  in  the  negative,  were  Messrs.  Allen,  Clark  of  Bennington 
County,  Deming,  Forbes  and  Harris.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.  —  The  Governor  and  Council  met  agreeably  to 
adjournment.  On  motion  of  Mr-  Harris,  the  petition  of  William  Stock- 
well,  which  was  yesterday  laid  on  the  table,  was  taken  up,  and  the 
question  being  put,  "  Shall  the  said  William  Stockwell  be  discharged 
from  the  State  prison  ?"  it  was  determined  in  the  affirmative.  Yeas  6, 
nays  4.  Those,  who  voted  in  the  affirmative,  were,  the  Lieut.  Governor, 
Messrs.  Allen,  Clark  of  Bennington  County,  Deming,  Forbes  &  Wetr 
more.  Those,  who  voted  in  the  negative,  were  Messrs.  Clark  of  Wind- 
ham County,  Harris,  Hoyt  and  Thompson.  On  motion  of  Mr-  Forbes, 
the  vote  of  the  11th  instant,  dismissing  the  petition  of  Jabez  K.  Park- 
hurst,  was  reconsidered,  and  said  petition  was  ordered  to  lie  on  the 
table.  The  petition  of  David  Fowler,  a  convict  in  the  State  prison,  was 
called  up,  and  on  motion  of  Mr  Clark  of  Bennington  County,  ordered  to 
lie  on  the  table. 

Received  from  the  House  of  Representatives  the  petition  of  John  H. 
Campbell,  with  an  order  of  reference  thereon  to  the  Committee  on  roads 
and  canals  ;  Whereupon  Besolved  To  concur  in  said  order  of  reference. 

Adjourned  to  9  o'clock  tomorrow  morning. 


Friday  Oct.  17.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence  in  passing,  the  following  resolutions,  to 
wit,  l<  Resolved,  The  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  Representatives'  room,  on  Monday  next,  at  ten 
o'clock,  fore-noon,  for  the  purpose  of  electing  a  Major-General  in  the 
second  division."  Which  was  read  and,  on  motion,  amended,  by  striking 
out  the  words  "  10  o'clock  forenoon,"  and  inserting,  in  lieu  thereof, 
the  words  "at  the  opening  of  the  House  in  the  afternoon."  Where- 
upon, Resolved,  to  concur  in  passing  said  resolution  as  amended,  & 
Ordered,  That  the  Secretary  notify  the  House  accordingly.  Received, 
also,  the  following,  to  wit  —  "Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  Committee  of  Ways  and  Means  be  directed  to 
inquire  and  report  to  this  House,  whether  the  Agent,  appointed  by  an 
act  of  the  General  Assembly,  entitled  "an  act  making  provisions"  for 
settling  the  concerns  of  the  Vermont  State  Bank,"  passed  Nov.  6, 1823, 


314  Governor  and  Council — October  1828. 

has,  in  all  things,  complied  with  the  requisitions  of  said  act."  Which 
was  read,  Whereupon,  Resolved  to  concur  in  passing  said  resolution. 
Received  also  the  following  resolution,  to  wit,  u  Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  Judiciary  Committee  be  in- 
structed to  inquire  into  the  expediency  of  extending  the  right  of  Trus- 
tee process  against  debtors,  who  shall  be  committed  to  prison,  in  cases 
where  they  shall  refuse  to  disclose  and  surrender  their  property  for  the 
benefit  of  their  creditors,  the  same  as  though  they  were  concealed  or 
absconding  debtors,"  which  was  read,  Whereupon  Resolved  to  concur  in 
passing  said  resolution.  Received  also  the  following  resolution,  to  wit, 
"Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Com- 
mittee on  Manufactures  be  instructed  to  inquire  into  the  expediency  of 
passing  a  law,  making  the  private  property  of  the  members  of  manufact- 
uring corporations,  hereafter  to  be  created,  liable  or  responsible  for  the 
debts  of  the  said  corporations."  Which  was  read,  Whereupon,  Resolved 
to  concur  in  passing  said  resolution.  Received,  also,  the  following  reso- 
lution, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  directed  to  inquire  into  the  expediency 
of  providing  by  law,  that  whenever  any  machinery,  in  any  manufacturing 
establishment,  subject  to  damage  by  removal,  shall  be  attached  on  any 
mesne  process,  or  taken  on  Execution,  the  officers,  serving  such  process, 
be  authorized  to  serve  the  same  in  the  same  manner  as  is  now  provided 
by  law  for  the  service  of  such  process  on  hay  and  grain  in  the  straw." 
Which  was  read  ;  Whereupon  Resolved  to  concur  in  passing  said  resolu- 
tion. Recd-  also,  from  the  House,  the  following  resolution,  to  wit,  "Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  inquire  into  the  expediency  of  providing  by 
law  for  appeals  from  all  judgments,  orders  and  decrees  of  road  commis- 
sioners, and  report  by  bill  or  otherwise,"  which  was  read  ;  Whereupon 
Resolved  to  concur  in  passing  said  resolution.  Received,  also,  the  fol- 
lowing resolution,  to  wit — "Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  Judiciary  Committee  be  instructed  to  inquire  into 
the  expediency  of  so  amending  the  first  section  of  an  act  entitled  '  an  act 
directing  the  levying  and  serving  executions,'  as  more  particularly  to 
specify  what  articles  of  personal  property  shall  be  exempt  from  attach- 
ment on  mesne  process  and  final  execution  ;  and  report  by  bill  or  other- 
wise," Which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 
resolution. 

Received,  also,  for  concurrence  in  the  reference,  the  following,  to  wit, 
"An  act  in  addition  to  an  act  entitled  an  act  ascertaining  the  principles 
on  which  the  list  of  this  State  shall  be  made  and  directing  listers  in  their 
office  and  duty."  Also  "An  act  repealing  an  act  therein  mentioned." 
Also  "An  act  in  addition  to  and  alteration  of  an  act  entitled  an  act  in 
addition  to  the  several  acts  for  laying  out,  making  and  repairing  high- 
ways, passed  Nov.  13,  1827,"  with  an  order  of  reference  oh  each  to  the 
General  Committee  ;  Whereupon  Resolved  to  concur  in  said  several 
orders  of  reference.  Also,  The  petitions  of  the  Inhabitants  of  Johnson, 
Stirling  and  Waterville,  with  an  order  of  reference  on  each  to  a  select 
committee  of  four  to  join  from  Council ;  Whereupon  Resolved  to  concur 
in  said  order  of  reference,  and  the  Lieut.  Governor  was  appointed  from 
Council.  Also  The  petition  of  the  Selectmen  of  Eden  ;•  The  petition  of 
the  Selectmen  of  Morristown  ;  The  petition  of  the  Selectmen  of  Hyde- 
park  ;  The  petition  of  the  Selectmen  of  Wolcott ;  and  The  petition  of 
the  Selectmen  of  Belvidere  ;  with  an  order  of  reference  on  each  to  the 
committee  raised  on  the  petitions  of  the  towns  of  Stirling,  Johnson  and 
Waterville  ;  Whereupon  Resolved  to  concur  in  said  several  orders  of  ref- 
erence.    Also,  The  petition  of  Zelotes  Morse,  with  an  order  of  reference 


Governor  and  Council — October  1828.  315. 

thereon  to  a  committee  of  two  to  join  from  Council,  Whereupon  Resolved 
to  concur  in  said  order  of  reference,  and  Mr  Harris  was  appointed  from 
Council.  Also,  "An  act  for  the  relief  of  Solomon  Wright,"  with  an  order 
of  reference  thereon  to  the  members  of  the  House  of  Representatives 
from  Bennington  County,  to  join  from  Council  ;  Whereupon  Resolved  to 
concur  in  said  order  of  reference,  and  Mr  Clark  of  Bennington  County 
was  appointed  from  Council.  Received,  also,  The  account  current  of  the 
Superintendaut  of  the  Vermont  State  prison  :  The  report  of  the  Super- 
intendant  of  the  Vermont  State  prison;  and  the  Inventory  and  appraisal 
of  the  property  belonging  to  the  Vermont  State  prison,  with  an  order  of 
reference  thereon  to  the  Committee  of  Ways  and  Means  ;  Whereupon 
Resolved  to  concur  in  said  orders  of  reference.  Also,  The  petition  of 
Ambrose  Taylor  and  others,  with  an  order  of  reference  thereon  to  the 
Committee  on  Military  Affairs  ;  Whereupon  Resolved  to  concur  in  said 
order  of  reference.  Also,  "An  act  to  abolish  imprisonment  for  debt,"  & 
The  petition  of  the  inhabitants  of  Shrewsbury  and  others,  with  an  order 
of  reference  on  each  to  the  Judiciary  Committee  ;  Whereupon  Resolved 
to  concur  in  said  several  orders  of  reference.  Also,  The  petition  of 
Emory  Gale  and  others  ;  The  petition  of  Elijah  G.  Bingham  and  others  ; 
The  petition  of  inhabitants  of  Brookfield,  and  The  petition  of  the  presi- 
dent &  directors  of  the  Rutland  and  Stockbridge  Turnpike  Company, 
with  an  order  of  reference  on  each  to  the  Committee  on  roads  and 
cadals  ;  Whereupon  Resolved  to  concur  in  said  several  orders  of  refer- 
ence. Also,  The  account  of  Rich  Stevens  against  the  State,  which  had 
been  disallowed  by  the  Auditor  &  by  him  referred  to  the  General  As- 
sembly ;  The  petition  of  Nahum  Jennison  &  others  ;  The  petition  of 
Jacob  Kent ;  and  The  petition  of  Azariah  Webb  ;  with  an  order  of  ref- 
erence on  each  to  the  Committee  of  Claims  ;  Whereupon  Resolved  to 
concur  in  said  several  orders  of  reference.  Also,  The  petition  of  the 
Corporation  of  the  Rutland  County  Grammar  School,  with  an  order  of 
reference  thereon  to  the  Committee  on  Education;  Whereupon  Resolved 
to  concur  in  said  order  of  reference. 

The  resolution  of  the  House,  of  the  13th  instant,  relating  to  the  incor- 
poration of  wild  lands  into  the  list  of  property  for  taxation,  which  was 
amended  by  the  Governor  and  Council,  on  the  16  instant,  was  sent  up 
from  the  House  with  an  endorsement  thereon  that  the  House  had  con- 
curred in  the  amendment. 

Received  also  from  the  House  an  engrossed  bill  entitled  "An  act  di- 
recting the  Treasurer  of  this  State  to  pay  Daniel  Bowen  the  sum  therein 
mentioned,"  which  was  sent  up  to  the  Governor  and  Council  for  their 
revision  and  concurrence  or  proposals  of  amendment,  Which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  bill,  &  the  See'?  was 
ordered  to  notify  the  House  thereof. 

The  petition  of  David  Fowler,  which  was  yesterday  laid  on  the  table, 
was  taken  up,  and  the  question  being  put  u  Shall  the  said  David  Fowler 
be  discharged  from  the  State  prison,  on  condition  of  leaving  this  State 
within  sixty  days  ?"  it  was  determined  in  the  affirmative— Yeas  8,  Nays 
4.  Those  who  voted  in  the  affirmative  were  Messrs.  Clark  of  Windham 
County,  Deming,  Forbes,  Harris,  Hoyt,  Thompson,  Wetmore  and 
Worthington.  Those,  who  voted  in  the  negative,  were  the  Lieut.  Gov- 
ernor, Messrs.  Allen,  Clark  of  Bennington  County  and  Langdon.  Ad- 
journed to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  the  following  for  concurrence  in  the 
reference,  to  wit — "An  act,  directing  the  Treasurer  to  remit  to  John  F. 
Austin  the  sum  therein  mentioned";  with  an  order  thereon  that  the 


316  Governor  and  Council — October  1828. 

same  be  referred  to  a  committee  of  two,  to  join  from  Council.  Where- 
upon, Resolved  to  concur  in  said  order  of  reference,  and  Mr-  Clark,  of 
Windham  County,  was  appointed  from  Council. 

The  petition,  for  pardon,  of  Ceril  Hyde,  a  convict  iu  the  State  prison, 
was  called  up,  and  the  question  being  put  "  Shall  a  pardon  be  granted 
the  said  Ceril  Hyde  ?"  it  was  determined  in  the  affirmative.  Yeas  12, 
Nays  0.  Those  who  voted  in  the  affirmative,  were,  the  Lieut.  Governor, 
Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County, 
Demiug,  Forbes,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson  and 
Worthington.  The  petition  of  Richard  Collier,  a  convict  in  the  State 
prison,  was  called  up,  and,  on  motion,  ordered  to  lie  on  the  table.  Ad- 
journed to  9  o'clock  to-morrow  morning. 


Saturday  Oct.  18, 1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up  the  following  resolutions  for  concurrence  in  passing,  to  wit,  ''Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  Commit- 
tee on  Manufactures  be  directed  to  inquire  into  the  expediency  of  re- 
pealing such  parts  of  existing  laws  as  relate  to  Leather  sealers,  in  their 
office  and  duty  :  and  report  by  bill  or  otherwise  "  ;  u  Resolved,  the  Gov- 
ernor and  Council  concurring  herein,  that  the  General  Committee  be 
directed  to  inquire  into  the  expediency  of  revising  and  reducing  into  one 
the  several  acts  for  laying,  making  and  repairing  highways,  and  building 
bridges  ;  and  report  by  bill  or  otherwise  "  ;  "  Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  Judiciary  Committee  be  in- 
structed to  inquire  into  the  expediency  of  passing  a  law  to  establish  an 
uniformity  in  taxing  the  mileage  of  the  members  of  the  General  Assem- 
bly, and  report  by  bill  or  otherwise  "  ;  "  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  General  Committee  be  instructed  to 
inquire  into  the  expediency  of  passing  a  law,  ior  the  purpose  of  preserv- 
ing or  guarding  the  public  bridges  of  this  state  from  the  injury  that  may 
arise  from  the  passing  those  bridges  with  large  droves  of  cattle";  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  inquire  into  the  expediency  of  passing  a  law, 
authorizing  and  requiring  the  several  towns,  in  their  annual  March 
meeting,  to  nominate  the  justices  of  the  peace  in  said  town,  and  also  of 
limiting  the  number  of  the  justices  of  the  peace  to  be  appointed  in  each 
town,  and  to  apportion  them  among  the  several  towns  according  to  the 
population,  in  such  manner,  however,  that  each  town  be  entitled  to  a 
number  not  less  than  two,  and  no  town  to  a  greater  number  than  ten  "  ; 
"  Resolved,  the  Governor  and  Conncil  concurring  herein,  that  the  Com- 
mittee on  Military  Affairs  be  instructed  to  inquire  whether  any,  and  if 
any,  what  alterations  are  necessary  in  the  militia  law  of  this  State  ;  and 
particularly,  whether  the  people  may  not  (without  any  detriment  to  the 
public  wellare,)  be  relieved  from  the  burthen  of  such  frequent  trainings 
of  the  militia,  as  are  now  required  by  law  ;  and  that  they  report  by  bill 
or  otherwise";  Which  resolutions  were  severally  read;  Whereupon, 
Resolved,  to  concur  in  passing  said  resolutions. 

Received  also  from  the  House,  the  following  for  concurrence  in  the 
reference,  to  wit,  "The  petition  of  Joseph  A.  Curtis  &  others,  with  an  or- 
der thereon  referring  the  same  to  the  members  of  the  House  of  Repre- 
sentatives from  the  County  of  Addison  to  join  from  Council  ;  Where- 
upon, Resolved  to  concur  in  said  order  of  reference  and  Mr-  Hoyt  was 
appointed  from  Council ;  Also,  "  An  act  incorporating  certain  persons 
therein  named,  by  the  name  of  the  Middlebury  Fire  Society";  with  an 


Governor  and  Council — October  1828.  317 

order  of  the  House  thereon  referring  the  same  to  a  committee  of  two  to 
join  from  Council;  Whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence, and  Mr-  Deming  was  appointed  from  Council ;  Also,  "An  act  to 
repeal  an  act,  entitled  l  An  act  to  preserve  fish  in  the  waters  in  Starks- 
boro,' "  with  an  order  of  the  House  thereon,  referring  the  same  to  a 
select  committee  of  two,  to  join  from  Council ;  Whereupon,  Resolved,  to 
concur  in  said  order  of  reference,  and  the  Lieut.  Governor  was  appointed 
from  Council ;  Also,  A  communication  to  the  House  from  His  Excel- 
lency the  Governor,  transmitting,  1st-  A  report  of  a  special  committee  of 
the  Senate  of  the  State  of  South  Carolina.  2d-  A  report  adopted  by  the 
Legislature  of  the  State  of  Georgia;  and  3d-  A  report  and  resolutions  of  the 
General  Assembly  of  the  State  of  Ohio,  with  an  order  of  the  House  thereon 
referring  the  same  to  a  select  committee  of  two,  to  join  from  Council. 
Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr-  Pier- 
point  was  appointed  from  Council.  Also,  The  petition  of  Isaac  Doo- 
little  and  others  ;  and  The  petition  of  Asahel  Smith  and  others  ;  with 
an  order  of  reference  on  each  to  the  Judiciary  Committee,  Whereupon, 
Resolved  to  concur  in  said  several  orders  of  reference  ;  Also,  "An  act 
directing  the  Treasurer  to  pay  Edmund  George  the  sum  therein  men- 
tioned," with  an  order  of  reference  thereon  to  the  Committee  of  Claims; 
"An  act,  incorporating  the  Black  River  Canal  and  manufacturing  Com- 
pany, with  an  order  of  reference  thereon  to  the  Committee  of  Manufac- 
tures ;  The  petition  of  the  Selectmen  of  Brookline,  with  an  order  of  ref- 
erence thereon  to  the  Committee  on  Roads  &  Canals  ;  and  The  petition 
of  the  Selectmen  of  Warren,  with  an  order  of  reference  thereon  to  the 
Land  Tax  Committee  ;  Whereupon,  Resolved  to  concur  in  said  several 
orders  of  reference. 

Received,  also  from  the  House,  an  engrossed  bill,  entitled  "An  act  in 
alteration  of  an  act,  dividing  the  State  into  districts,  for  electing  repre- 
sentatives to  the  Congress  of  the  United  States,  and  directing  the  mode 
of  their  election'":  which  was  sent  up  to  the  Governor  and  Council  for 
their  revision  and  concurrence  or  proposals  of  amendment.  Which  was 
read.  Whereupon,  Resolved  to  concur  in  passing  said  bill,  &  Ordered, 
that  the  Sec'?  notify  the  House  thereof. 

The  petition  of  Josiah  Sims,  a  state  prison  convict,  was  called  up,  and 
the  question  being  put,  "  Shall  the  said  Josiah  Sims  be  discharged  on 
condition  of  leaving  the  State  within  sixty  days  V"  it  was  determined  in 
the  affirmative.  Yeas  13,  Nays  0.  Those  who  voted  in  the  affirmative 
were,  The  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Bennington  County, 
Clark  of  Windham  County,  Deming,  Forbes,  Harris,  Hoyt,  Langdon, 
Pierpoint,  Thompson,  Wetmore  and  Worthington.  The  petition  of 
Russell  W.  Curtis,  a  convict,  confined  in  the  State  prison,  was  called  up, 
and  the  question  being  put,  "  Shall  the  said  Russell  W.  Curtis  be  dis- 
charged V"  it  was  determined  in  the  affirmative.  Yeas  9.  Nays  4. 
Those,  who  voted  in  the  affirmative,  were,  the  Lieut.  Governor,  Messrs. 
Clark  of  Bennington  County,  Clark  of  Windham -County,  Forbes,  Hoyt, 
Langdon,  Thompson,  Wetmore  and  Worthington.  Those  who  voted  in 
the  negative,  were  Messrs.  Allen,  Deming,  Harris  and  Pierpoint.  Ad- 
journed to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up,  for  concurrence,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  both  Houses  meet  in  the  Representatives'  room,  on  Monday  next, 
at  the  opening  of  the  House  in  the  afternoon,  to  elect  a  Superintendant 
of  the  State's  prison,  for  the  year  ensuing,"  which  was  read,  Whereupon, 


318  Governor  and  Council — October  1828. 

Resolved  to  concur  in  passing  said  resolution,  &  the  Sec'?  was  ordered  to 
notify  the  House  thereof.1 

A  communicatipn  was  received  from  the  Hon.  Robert  B.  Bates, 
Speaker  of  the  House  of  Representatives,  informing  that  the  House  had 
concurred  in  the  amendments,  proposed,  by  the  Governor  and  Council, 
to  the  resolution,  assigning  a  time  for  the  meeting  of  both  Houses  for 
the  purpose  of  electing  a  Major  General  of  the  second  division  of  mili- 
tia ;  which  was  read. 

The  petition  of  David  W.  Older,  a  convict,  confined  in  the  State 
prison,  was  called  up.  Whereupon,  on  motion,  it  was  Ordered  that  said 
petition  be  dismissed.  The  petition  of  James  Allton,  a  convict,  confined 
in  the  State  prison,  was  called  up,  and  the  question  being  put,  "  Shall 
the  said  James  Allton  be  discharged  on  condition  that  he  leave  the 
State  within  twenty  days  ?  "  it  was  determined  in  the  affirmative.  Yeas 
6  [5,]  Nays  3.  Those  who  voted  in  the  affirmative  were,  the  Lieut.  Gov- 
ernor, Deming,  Harris,  Wetmore  &  Worthington.  Those  who  voted  in 
the  negative,  were  Messrs.  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County  and  Forbes. 

His  Honor,  the  Lieut.  Governor,  introduced  the  following  resolution, 
to  wit,  "  Resolved,  that  whenever  the  Governor  and  Council  shall  sus- 
pend the  passing  of  a  bill  into  a  law,  the  Secretary  shall  certify  the  same 
on  such  bill,  and  transmit  the  same  to  ihe  General  Assembly,"  which 
was  read  and  Ordered  to  lie  on  the  table.  Adjourned  to  9  o'clock  Mon- 
day morning. 


Monday  Oct.  20, 1828.    9  o'clock  A  M. 

The  Governor  and  Council  met  agreeably  to  adjournment. 

The  House  sent  up  the  following  resolutions  for  concurrence  in 
passing,  to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  instructed  to  inquire  what  alteration, 
if  any,  is  necessary  in  the  second  section  of  an  act  entitled  '  an  act  di- 
recting the  mode  of  election  of  Governor,  Lieut.  Governor,  Councillors 
and  representatives,'  &  report  by  bill  or  otherwise  ; "  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  Judiciary  Committee 
be  instructed  to  inquire  into  the  expediency  of  passing  a  law,  authorising 
an  investigation,  by  way  of  a  committee  or  otherwise,  into  the  several 
grants  for  lotteries  in  this  Slate:  —  whether  the  objects  of  the  grants 
have  been  accomplished  ;  whether  the  moneys  authorized  have  been 
raised  &  properly  applied  ;  and  generally  for  the  purpose  of  obtaining 
a  full  statement  of  the  present  situation  of  all  the  outstanding  lottery 
grants  authorized  by  this  State  ;  —  to  be  reported  to  the  next  session  of 
the  legislature,"  which  were  severally  read  :  Whereupon  Besolved  to 
concur  in  passing  said  resolutions.  Recd-  also  the  following  resolution, 
to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein,  that  in 
any  town  in  this  State,  wherein  the  number  of  inhabitants  shall  not  ex- 
ceed five  hundred,  the  number  of  Justices  shall  not  exceed  two  ;  in 
every  town  wherein  the  number  of  Inhabitants  shall  not  exceed  twelve 
hundred,  the  number  of  Justices  shall  not  exceed  four;  —  and  in  no 
town  in  this  State  shall  the  number  of  Justices  exceed  six,"  with  an 
order  of  the  House  thereon  referring  the  same  to  the  Judiciary  Commit- 
tee ;  which  resolution  was  read,  Whereupon  Resolved  to  concur  in  pass- 
ing said  resolution  and  in  said  order  of  reference. 

Received,  also,  from  the  House,  for  concurrence  in  the  reference,  the 
following,  to  wit,  "  An  act  explanatory  of  an  act  entitled,  an  act  defining 

1  John  H.  Cotton  was  elected. 


Governor  and  Council — October  1828.  319 

fee  power  of  Justices  of  the  peace  within  this  State,"  "  An  act  for  the 
relief  of  Cyrus  Carrier,"  "  An  act  authorizing  the  town  of  Bridgewater 
to  hold  stock  in  the  Sherburne  Turnpike  Company  ; "  and  lt  An  act  in 
addition  to  the  several  acts  regulating  judicial  proceedings,"  with  an 
order  of  reference  on  each  to  the  judiciary  Committee  ;  Whereupon, 
Resolved  to  concur  in  said  several  orders  of  reference. 

Recd-also,  for  concurrence  in  passing,  the  following'  resolution,  to  wit — 
"Resolved,  the  Governor  and  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  inquire  into  the  expediency  of  reporting  a 
bill  to  this  House,  providing  for  an  annual  statistical  return  to  this 
House,  of  the  number  of  paupers  in  each  town  in  this  State — the  mode 
adopted  by  each  town  for  their  support ;  the  amount  annually  expended, 
and  the  expense  of  law  suits  &c-  &c"  which  was  read;  —  Whereupon, 
Hesolved,  to  concur  in  passing  said  resolution. 

Received,  also,  the  following,  for  concurrence  in  the  reference,  to  wit, 
"An  act  for  the  relief  of  the  town  of  Windham  in  the  County  of  Wind- 
ham," with  an  order  of  reference  thereon  to  the  Committee  on  roads 
and  canals  ;  Also,  "  An  act,  incorporating  the  American  Hydraulic  Com- 
pany," with  an  order  of  reference  thereon  to  the  Committee  on  Manu- 
factures ;  &  The  petition  of  Joel  Doolittle,  with  an.  order  of  reference 
thereon  to  the  Committee  of  Claims  ;  Whereupon,  Resolved  to  concur  in 
said  several  orders  of  reference.  Received,  also,  the  following,  to  wit, 
"An  act,  annexing  Woodbury,  in  the  County  of  Caledonia,  to  the  County 
of  Washington";  with  an  order  of  reference  thereon  to  the  members  o  f 
the  House  of  Representatives  from  the  Counties  of  Washington  and  Cal- 
edonia, to  join  from  Council  ;  Whereupon,  on  motion,  it  was  Ordered, 
that  said  bill  lie  on  the  table. 

His  Honor,  the  Lieut.  Governor,  was,  on  motion,  discharged  from  act- 
ing on  the  committee  raised  on  the  resolution  of  the  House  of  Repre- 
sentatives, of  the  16th  instant,  in  relation  to  the  annexation  of  certain 
towns,  now  belonging  to  the  first  Congressional  district,  to  the  second 
Congressional  district,  and  Mr-  Forbes  was  appointed  in  his  stead. 

The  following  petitions  of  convicts  in  the  State  prison  were  severally 
called  up,  to  wit,  The  petition  of  Charles  Ball  ;  The  petition  of  Thomas 
H.  Bartlett ;  The  petition  of  Basil  Bourge  ;  The  petition  of  Lewis  Bald- 
win ;  The  petition  of  Russell  Briggs  ;  The  petition  of  Esek  Comstock  ; 
and  The  petition  of  George  Craig  ;  and  were,  severally  Ordered  to  be 
dismissed.  The  petition  of  Moses  Clough.  a  convict  in  the  State  prison, 
was  called  up,  and  the  question  being  put,  "  Shall  the  said  Moses  Clough 
be  discharged  ?"  it  was  determined  in  the  negative,  Yeas  5,  Kays  7. 
Those,  who  voted  in  the  affirmative,  were,  Messrs.  Clark  of  Windham 
County,  Deming,  Pierpoint,  Wetmore  and  Worthington.  Those,  who 
voted  in  the  negative,  were,  the  Lieut.  Governor,  Mess1-8-  Clark  of  Ben- 
nington County,  Allen,  Forbes,  Harris,  Hoyt  &  Langdon.  On  motion 
of  M>  Pierpoint,  the  vote  of  the  11th  instant,  dismissing  the  petition  of 
Thomas  Gilbert,  a  convict  in  the  State  prison,  was  reconsidered,  and  the 
question  being  put,  **  Shall  the  said  Thomas  Gilbert  be  discharged  from 
the  State  prison,  on  condition  of  leaving  the  State  within  thirty  days  ?" 
it  was  determined'  in  the  affirmative.  Yeas  9,  Nays  3.  Those,  who 
voted  in  the  affirmative,  were,  the  Lieut.  Governor,  Messrs-  Clark  of 
Windham  County,  Deming,  Forbes,  Harris,  Hoyt,  Pierpoint,  Wetmore 
and  Worthington.  Those,  who  voted  in  the  negative,  were,  Messrs.  Al- 
len, Clark  of  Bennington  County  and  Langdon.  Adjourned  to  2  o'clock 
P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment.   The  petition  of  Peter  Brookshaw,  a  prisoner  confined  in  the 


320  Governor  and  Council —  October  1828. 

common  gaol  in  the  County  of  Rutland,  on  a  sentence  of  the  County 
Court  of  said  county,  holden  on  the  second  Tuesday  of  September  A.  D. 
1828,  upon  a  conviction  before  said  court  of  the  crime  of  theft,  for  the 
remission  of  the  fine  and  costs  in  said  case, — was  called  up  and  the  ques- 
tion being  put,  "  Shall  said  fine  and  cost  be  remitted,  on  condition  that 
said  Brookshaw  leave  the  State  within  twenty  days  ?"  it  was  determined 
in  the  affirmative.  Teas  11,  Nays  0.  Those,  who  voted  in  the  affirma- 
tive were  the  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Bennington 
County,  Clark  of  Windham  County,  Deming,  Forbes,  Harris,  Langdon, 
Pierpoint,  Wetmore  &  Worthington. 

The  Governor  and  Council  attended  in  the  Representatives'  room,  for 
the  election,  by  joint  ballot,  of  a  major  general  of  second  division  of  the 
militia  of  this  state,  a  brigadier  general  of  the  first  brigade  of  the  second 
division,  and  a  Superintendant  of  the  State  prison,  after  which  they  re- 
turned to  their  chamber.1 

On  motion  of  Mr-  Deming,  the  bill  annexing  Woodbury  in  the  County 
of  Caledonia  to  the  County  of  Washington,  which  was,  this  morning, 
ordered  to  lie  on  the  table,  was  called  up  ;  whereupon,  Resolved  to  non- 
concur in  the  order  of  reference  thereon,  and  Mr  Deming  was  appointed 
to  assign  reasons,  who  reported  the  following,  to  wit,  "  The  Governor 
and  Council  assign  the  following  reasons  for  non-concurring  with  the 
Hon.  House  of  Representatives,  in  the  reference  of  the  accompanying 
bill,  to  wit,  that  the  members  of  the  counties  of  Caledonia  &  Washing- 
ton are  interested  in  the  decision  of  the  question,  &  that,  if  the  House 
of  Representatives  deem  it  a  proper  subject  of  inquiry,  at  the  present 
time,  it  ought,  in  the  opinion  of  the  Governor  and  Council,  to  be  referred 
to  a  committee  entirely  disinterested,"  which  were  read  and  adopted, 
and  Ordered  that  the  Secretary  return  said  bill,  with  the  reasons  afore- 
said to  the  House  of  Representatives. 

The  petition  of  Richard  H.  Nicholson,  a  prisoner,  confined  in  the  com- 
mon gaol  in  Rutland  County, 'on  a  sentence  of  the  County  Court  of  said 
County,  at  their  September  Term  1828,  upon  a  conviction  before  said 
court  for  assault  &  battery,  for  the  remission  of  fine  and  costs,  was  taken 
up  ;  whereupon,  it  was  Ordered  that  said  petition  be  dismissed.  The 
petition  of  Jonathan  Crandall,  jr.  a  prisoner,  confined  in  the  com- 
mon gaol  in  Rutland  County,  on  a  sentence  of  the  County  Court  of  said 
County,  at  their  September  Term,  A.  D.  1828,  upon  a  conviction  before 
said  Court,  for  an  assault  and  battery,  for  a  discharge  from  said  fine  and 
costs,  was  taken  up,  and  the  question  being  put,  u  Shall  the  said  Jona- 
than Crandall,  jr.  be  discharged  from  said  fine  &  costs  ?"  it  was  deter- 
mined in  the  affirmative — Yeas  11,  Nays  2.  Those,  who  voted  in  the 
affirmative,  were  Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of 
Windham  County,  Deming,  Forbes,  Harris,  Hoyt,  Langdon,  Pierpoint, 
Wetmore  and  Worthington.  Those,  who  voted  in  the  negative,  were 
the  Lieut.  Governor  and  Mr  Thompson.  The  petition  of  William  R.  V. 
Ellis,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question  being 
put,  "  Shall  the  said  William  R.  V.  Ellis  be  discharged  from  the  State 
prison  V"  it  was  determined  in  the  affirmative.  Yeas  13,  Nays  0.  Those 
who  voted  in  the  affirmative,  were,  the  Lieut.  Governor,  Messrs.  Allen, 
Clark  of  Bennington  County,  Clark  of  Windham  County,  Deming, 
Forbes,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson,  Wetmore  & 
Worthington.  The  following  petitions  of  convicts  in  the  State  prison 
were  severally  taken  up,  to  wit,  The  petition  of  Thomas  Deane,  The 

1  The  following  elections  were  made  :  Martin  Roberts  Major  General ; 
Henry  Robinson  Brigadier  General  ;  and  John  H.  Cotton  Superintend- 
ent of  the  State  Prison. 


Governor  and  Council — October  1828.  321 

petition  of  Simeon  Fisk,  The  petition  of  Elliot  C.  Hill ;  and  The  petition 
of  P.  P.  Gee,  alias  P.  P.  Good,  and  were,  severally,  Ordered  to  be  dis- 
missed. The  petition  of  Amelia  Jackson,  a  convict  in  the  State  prison, 
was  taken  up,  and  the  question  being  put,  "  Shall  the  said  Amelia  Jack- 
son be  discharged  from  the  State  prison  ?"  it  was  determined  in  the 
affirmative — Yeas  8,  Nays  4.  Those  who  voted  in  the  affirmative,  were, 
Messrs.  Clark  of  "Windham  County,  Deming,  Harris,  Hoyt,  Langdon, 
Pierpoint,  Thompson  and  Worthington.  Those,  who  voted  in  the  neg- 
ative, were,  the  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Bennington 
County,  and  Forbes.    Adjourned  to  9  o'clockto  morrow  morning. 


Tuesday  Oct.  21,  1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  of  Representatives  sent  up,  for  concurrence  in  the  reference,  the 
following  resolutions,  to  wit,  "  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  Governor  be  requested  to  request  the  Governor 
of  the  province  of  Lower  Canada  to  remove  the  obstructions  across  the 
river,  at  the  outlet  of  Lake  Memphremagog,  so  that  the  water  may  be 
reduced  to  its  former,standing  in  said  lake  "  with  an  order  of  reference 
thereon  to  the  judiciary  Committee  ;  Whereupon  Besolved  to  concur  in 
said  order  of  reference. 

Received  from  the  House,  for  concurrence  in  passing,  the  following 
resolution,  to  wit,  "Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  judiciary  Committee  be  instructed  to  inquire  into  the 
expediency  of  repealing  or  altering  the  several  acts,  restricting  appeals 
from  the  decisions  of  justices  of  the  peace,  or  any  part  thereof ;  and 
report  by  bill  or  otherwise,"  which  was  read,  Whereupon,  Resolved,  to 
concur  in  passing  said  resolution. 

Received,  also,  from  the  House,  for  concurrence  in  the  reference,  the 
following,  to  wit,  —  "An  act  directing  the  Treasurer  of  this  State  to 
credit  the  town  of  Stiring  the  amount  therein  mentioned;"  "'An  act  in 
addition  to  an  act  entitled,  'an  act  to  establish  the  salaries  of  the  Governor 
and  Treasurer  of  this  State;'"  and  "An  act  for  the  relief  of  Henry 
Stearns,  Phinehas  Stearns,  John  Stearns  and  E.  P.  Stearns,  with  an  order 
of  reference,  on  each,  to  the  Committee  of  Ways  and  Means  ;  Where- 
upon, Resolved  to  concur  in  said  several  orders  of  reference.  Also,  "An 
act  incorporating  certain  persons  therein  mentioned,  by  the  name  of  the 
Green  Mountain  Manufacturing  Company,"  with  an  order  of  reference 
thereon  to  the  Committee  of  Manufactures;  Whereupon,  Resolved  to  con- 
cur in  said  order  of  reference.  Also,  the  following,  to  wit,  "An  act  in 
alteration  of  an  act,  ascertaining  the  principles  on  which  the  list  of  this 
State  shall  be  made,  and  directing  the  listers  in  their  office  and  duty," 
"An  act  to  regulate  the  practice  in  Chancery,"  and  "  An  act  in  addition 
to,  and  alteration  of  an  act  therein  mentioned."  with  an  order  of  refer- 
ence on  each  to  the  judiciary  Committee  ;  Whereupon,  Resolved,  to  con- 
cur in  said  several  orders  of  reference.  Also  the  following,  to  wit,  "An 
act  to  incorporate  the  Searsburgh  Turnpike  Company  ;"  and  "  An  act 
discontinuing  a  part  of  a  road  therein  mentioned  ;"  with  an  order  of  ref- 
erence on  each  to  the  Committee  on  roads  and  canals  ;  Whereupon,  Re- 
solved, to  concur  in  said  several  orders  of  reference.  Also,  "An  act 
relating  to  school  districts,"  with  an  order  of  reference  thereon  to  the 
Committee  on  Education  ;  Whereupon,  Resolved  to  concur  in  said  order 
of  reference.  Received  also,  The  report  of  the  committee,  appointed  to 
examine  the  situation  of  the  banks  in  this  State,  with  an  order  of  the 
House  thereon  referring  the  same  to  a  committee  of  three  to  join  from 

21 


322  Governor  and  Council — October  1828. 

Council  ;  Whereupon,  Resolved,  to  concur  in  said  order  of  reference,  and 
Mr.  Thompson  was  appointed  from  Council.  Also,  "The  petition  of 
Joseph  A.  Gallup  for  the  incorporation  of  a  medical  school  and  infirm- 
ary," with  an  order  of  the  House  thereon  referring  the  same  to  a  com- 
mittee of  two  to  join  from  Council.  Whereupon,  Resolved,  to  concur  in 
said  order  of  reference,  and  Mr.  Clark  of  Windham  County  was  ap- 
pointed from  Council. 

The  following  engrossed  bill  was  sent  up  by  the  House  to  the  Governor 
and  Council,  for  revision  and  concurrence  or  proposals  of  amendment, 
to  wit,  ;'An  act  authorising  the  Green  Mountain  Turnpike  Company  to 
resurvey  and  alter  their  road,"  which  was  read,  &  Ordered  to  be  com- 
mitted to  Messrs.  Thompson  &  Pierpoint  to  consider  and  report  thereon. 

The  following  petitions  of  convicts  in  the  State  prison  were  called  up, 
to  wit,  The  petition  of  Jonathan  E.  Love  ;  The  petition  of  John  Martin  ; 
The  petition  of  Charles  Nelson  ;  The  petition  of  Hiram  Lee  ;  The  peti- 
tion of  Milo  Pomeroy  ;  The  petition  of  Eli  Peck  ;  The  petition  of  Sam- 
uel Savery  ;  The  petition  of  Joshua  Underwood  ;  The  petition  of  Henry 
Williams,  and  The  petition  of  Daniel  Witherill,  and  were  severally  Or- 
dered to  be  dismissed.  The  petition  of  Thomas  Riley,  a  state  prison 
convict,  was  taken  up,  and  the  question  being  put  "Shall  the  said  Thomas 
Riley  be  discharged  from  the  State  prison  ?  "  it  was  determined  in  the 
affirmative  ;  —  Yeas  10.  Nays  0.  Those,  who  voted  in  the  affirmative, 
were,  the  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Bennington  Count}', 
Clark  of  Windham  County,  Deming,  Harris,  Hoyt,  Thompson,  Wetmore 
and  Worthington.  The  petition  of  Hiram  White,  a  convict  in  the  State 
prison,  was  taken  up,  and  the  question  being  put  "  Shall  the  said  Hiram 
White  be  discharged  from  the  State  prison  ?  "  it  was  determined  in  the 
affirmative,  Yeas,  8.  Nays  5.  Those  who  voted  in  the  affirmative,  were 
the  Lieut.  Governor,  Messrs.  Deming,  Harris,  Hoyt,  Pierpoint,  Thomp- 
son, Wetmore  &  Worthington.  Those,  who  voted  in  the  negative,  were 
Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County, 
Forbes  &  Langdon.  The  petition  of  Amherst  Willis  a  convict  in  the 
state  prison,  was  taken  up,  and  the  question  being  put,  "Shall  the  said 
Amherst  Willis  be  discharged  from  the  State  prison?"  it  was  deter- 
mined in  the  affirmative  —  Yeas  12,  Nay  1.  Those  who  voted  in  the 
affirmative  were,  the  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Benning- 
ton County,  Clark  of  Windham  County,  Deming,  Forbes,  Harris,  Hoyt, 
Langdon,  Pierpoint,  Thompson  &  Wetmore.  He  who  voted  in  the 
negative,  was  Mr.  Worthington. 

Mr.  Pierpoint  introduced  the  following  resolution,  which,  on  his  mo- 
tion, was  ordered  to  lie  on  the  table,  to  wit,  "  In  Council  Oct.  21,  1828. 
Resolved,  the  Gen1-  Assembly  concurring  herein,  that  the  Superintend- 
ant  of  the  Vermont  State  prison  be  directed  to  make  &  lay  before  the 
Legislature,  at  the  next  session,  an  estimate  of  the  probable  expense  of 
so  altering  and  enlarging  the  State  prison,  that  it  shall  contain,  at  least, 
one  hundred  and  forty  cells."    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  for  concurrence  in  passing,  the  follow- 
ing resolution,  to  wit — "  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  judiciary  Committee  be  requested  to  inquire  if  any 
&  what  alteration  in  the  existing  laws  is  necessary  to  render  certain  and 
uniform,  the  standard  measure  of  lime,  coal  and  ashes."  Which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  resolution. 

The  House  sent  up  for  concurrence  in  the  reference  the  following,  to 
wit,  "  An  act  for  the  relief  of  the  Rutland  and  Stockbridge  Turnpike 
Company,"  with  an  order  of  reference  thereon  to  the  Committee  on 


Governor  and  Council — October  1828.  323 

roads  and  canals  ;  Whereupon,  Resolved,  to  concur  in  said  order  of  ref- 
erence. 

Mr.  Pierpoint,  on  motion,  had  leave  to  add  to  the  resolution,  intro- 
duced by  him,  this  morning,  and  laid  on  the  table,  the  following,  to  wit, 
"  Also  such  information,  as  may  be  in  his  possession,  calculated  to  show 
the  advantages  of  separate  confinement;" — Whereupon,  Resolved,  to  pass 
said  resolution,  as  amended. 

Received  from  the  House,  for  concurrence  in  passing,  the  following 
resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  Committee  of  Ways  &  Means  be  instructed  to  report  a 
bill,  making  compensation  to  the  Superintendant  of  the  Vermont  State 
prison,  for  the  year  ending  Dec.  1st,  1828,1'  which  was  read  ;  Where- 
upon, Resolved  to  concur  in  passing  said  resolution. 

The  petition  of  Richard  Collier,  a  convict  in  the  State  prison,  which, 
on  the  17th  instant,  was  laid  on  the  table,  was  called  up,  and  the  ques- 
tion being  put,  "  Shall  the  said  Richard  Collier  be  discharged  from  the 
State  prison  ? "  it  was  determined  in  the  negative.  Yeas  5,  !N"ays  8. 
Those,  who  voted  in  the  affirmative,  were,  Messrs.  Allen,  Clark  of  Ben- 
nington County,  Clark  of  Windham  County,  Harris  &  Wetmore.  Those 
who  voted  in  the  negative,  were,  the  Lieut.  Governor,  Messrs.  Deming, 
Forbes,  Hoyt,  Langdon,  Pierpoint,  Thompson  &  Worth ington. 

Adjourned  to  9  Oclock  to-morrow  morning. 


Wednesday  Oct.  22, 1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Benjamin 
Swan,  Treasurer  of  the  State,  appeared  in  the  Council  Chamber,  and 
presented  a  bond,  conditioned  for  the  faithful  discharge  of  the  duties  of 
said  office  of  Treasurer  for  the  year  ensuing,  which  was'  approved  and 
the  oath  of  office  was  duly  administered  by  His  Excellency  the  Governor. 

Received  from  the  House,  for  concurrence  in  the  reference,  the  fol- 
lowing resolution,  to  wit,  "  Resolved  that  the  Committee  appointed  to 
make  up  the  general  list,  be  instructed  to  make  up  said  list  on  real 
estate,  according  to  the  appraisal,  assessment  and  average,  made  in  the 
year  1827,  without  reference  to  the  lists  on  real  estate,  as  returned  by 
the  listers  of  the  several  towns  of  this  State,  there  being  additions  to,  or 
deductions  from  said  appraisal,  assessment  and  average,  in  most  of  the 
lists  returned  ; "  with  an  order  of  reference  thereon  to  the  judiciary 
Committee  ;  Whereupon  Resolved  to  concur  in  said  order  of  reference. 
Received  for  concurrence  in  passing,  the  following  resolution,  to  wit, 
"Resolved  that  so  much  of  his  speech  of  his  Excellency  the  Governor,  as 
relates  to  the  presidential  election,  be  referred  to  a  committee  of  four 
members  of  this  House  to  join  from  Council,"  which  was  read  ;  Where- 
upon Resolved  to  concur  in  passing  said  resolution,  and  Mr.  Thompson 
was  appointed  from  Council.  Recd-  also  the  following  resolution,  to  wit, 
"Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  Representatives'  room,  on  Thursday  morning  of 
next  week,  at  7  o'clock,  for  the  purpose  of  adjourning  the  Legislature 
without  day  ;  "  which  was  read  and,  on  motion,  Ordered  to  lie  on  the 
table.  Also,  the  following  resolution,  to  wit,  "  Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  Committee  on  Military  Affairs 
be  instructed  to  inquire  into  the  expediency  of  passing  a  law,  to  relieve, 
by  legal  prohibition,  all  militia  officers  of  this  State  from  the  necessity 
of  treating  with  ardent  spirits  or  other  strong  drink,  those  under  their 
respective  commands,  on  any  training  or  muster  days,  or  days  of  review 
of  the  militia  of  this  State  ;  and  report  by  bill  or  otherwise,"  which  was 


324  Governor  and  Council — October  1828. 

read,  Whereupon  Resolved  to  concur  in  passing  said  resolution.  Also 
the  following,  to  wit,  "Kesolved,  the  Governor  and  Council  concurring 
herein,  that  so  much  of  his  excellency's  speech,  as  relates  to  land  taxes, 
be  referred  to  the  judiciary  Committee,  with  an  order  of  the  house 
thereon  discharging  the  judiciary  Committee  from  a  further  considera- 
tion of  said  resolution,  &  referring  the  same  to  the  general  committee. 
Whereupon  Besolved  to  concur  in  said  order  and  reference. 

Recd-  also,  The  petition  of  John  McDuffie,  with  an  order  of  reference 
thereon  to  the  Committee  on  roads  and  canals  ;  Whereupon  Resolved  to 
concur  in  said  order  of  reference.  Also  The  petition  of  Joseph  Chapman 
and  others  with  an  order  of  reference  thereon  to  the  Committee  raised  on 
the  bill  to  repeal  an  act  to  preserve  fish  in  Starksboro';  Whereupon,  Re- 
solved to  concur  in  said  order  of  reference.  Also,  the  petition  of  the  in- 
habitants of  Morgan,  with  an  order  of  reference  thereon  to  the  Land  tax 
Committee  ;  Whereupon  Resolved  to  concur  in  said  order  of  reference. 
Also,  "An  act  to  repeal  an  act  therein  mentioned,"  with  an  order  of  the 
house  thereon  referring  the  same  to  a  committee  of  four  to  join  from 
Council  ;  whereupon  Resolved  to  concur  in  said  order  of  reference,  and 
Mr.  Pierpoint  was  appointed  from  Council.  Also,  "An  act  in  addition 
to  and  amendment  of  an  act,  entitled  '  an  act,  confirming  a  grammar 
school  in  the  County  of  Rutland,'"  with  an  order  of  reference  thereon  to 
the  committee  on  Education  ;  Whereupon,  Resolved  to  concur  in  said 
order  of  reference.  Also  "An  act  altering  the  name  of  Russell  Lamb 
Wilcox,"  with  an  order  of  reference  thereon  to  the  committee  on  the 
petition  of  John  Rugg  ;  Whereupon  Resolved  to  concur  in  said  order  of 
reference.  Also,  "An  act  directing  the  Treasurer  to  pay  Rich  Stevens 
the  sum  therein  mentioned,"  with  an  order  of  reference  thereon  to  the 
Committee  of  Claims  ;  Whereupon  Resolved  to  concur  in  said  order  of 
reference.  Also,  the  following,  to  wit,  "An  act  to  preserve  fish  in  Mar- 
tin's pond  in  Peacham  "  ;  "An  act  in  addition  to  the  several  acts  defin- 
ing the  powers  of  Justices  of  the  peace  within  this  state,  &  for  repealing 
certain  parts  of  said  acts  "  ;  and  "  An  act  providing  for  the  publication 
of  the  reports  of  the  Supreme  Court "  ;  with  an  order  of  reference  on 
each  to  the  judiciary  Committee  ;  Whereupon  Resolved  to  concur  in  said 
several  orders  of  reference.  Also,  "An  act  in  addition  to  the  acts  now 
in  force,  regulating  lotteries  and  the  vending  or  selling  lottery  tickets 
within  this  State,"  with  an  order  of  reference  thereon  to  the  Committee 
of  Ways  and  Means  ;  Whereupon  Resolved  to  concur  in  said  order  of 
reference. 

The  following  engrossed  bill  was  sent  up  to  the  Governor  and  Coun- 
cil, for  their  revision  and  concurrence  or  proposals  of  amendment,  to 
wit — "An  act,  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Fairlee,"  which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing 
said  bill,  and  Ordered  that  the  Secretary  notify  the  house  accordingly. 

The  Governor  and  Council  attended  in  the  Representatives'  room  for 
the  appointment  of  County  officers,  after  which  they  returned  to  their 
Chamber. 

The  petition  of  Abner  Clogston  was  taken  up,  and  the  question  being 
put,  "  Shall  a  pardon  be  granted  to  the  said  Abner  Clogston  ?"  it  was 
determined  in  the  affirmative,  Yeas  11,  Nays  0.  Those  who  voted  in 
the  affirmative,  were,  the  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Ben- 
nington County,  Clark  of  Windham  County,  Deming,  Forbes,  Harris, 
Hoyt,  Langdon,  Pierpoint  and  Wetmore.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  to  the  Governor  and  Council,  for  their 
revision  and  concurrence  or  proposals  of  amendment,  the  following  en- 


Governor  and  Council — October  1828.  325 

grossed  bills,  to  wit,  "An  act  incorporating  certain  persons  therein  men- 
tioned, by  the  name  of  the  Green  Mountain  Manufacturing  Company," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Also,  "An  act  directing  the  Treasurer  to  pay  Moses  Morse,  jr.  the  sum 
therein  mentioned";  which  was  read;  Whereupon,  Resolved,  to  concur 
in  passing  said  bill.  Also,  "An  act  laying  a  tax  on  lands  in  Vineyard  " 
[Isle  La  Motte]  ;  which  was  read  ;  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Also,  "  An  act  laying  a  tax  on  the  lands  in  the  town 
of  Peru  ";  which  was  read  ;  Whereupon,  Resolved,  to  concur  in  passing 
said  bill.  Also,  "An  act  in  addition  to  '  an  act  to  incorporate  the  Presi- 
dent, Directors  and  Company  of  the  Bank  of  Rutland' ";  which  was  read; 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also,  "An  act  in- 
corporating the  Female  School  Association  of  Middlebury  ";  which  was 
read;  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also,  "An 
act  directing  the  Treasurer  to  pay  Truman  Purdy  the  sum  therein  men- 
tioned ";  which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Also,  "An  act  for  the  relief  of  Luther  Weld  ";  which  was  read; 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  And,  "An  act  for 
the  relief  of  Arthur  McGowan  ";  which  was  read;  Whereupon,  Resolved 
to  concur  in  passing  said  bill,  and  Ordered  that  the  Secretary  notify  the 
House  of  the  passage  of  the  foregoing  bills. 

Received  also  from  the  House,  the  following  engrossed  bills,  for  revis- 
ion and  concurrence  or  proposals  of  amendment,  to  wit,  "An  act  incor- 
porating the  Rutland  Cotton  Manufacturing  Company  ";  which  was  read, 
and  Ordered  to  be  committed  to  Mr.  Clark  of  Windham  County  to  con- 
sider and  report  thereon.  Also,  "An  act  directing  the  Treasurer  to 
remit  to  John  F.  Austin  the  sum  therein  mentioned  ";  which  was  read, 
and  Ordered  to  be  committed  to  Mr.  Clark  of  Windham  County  to  con- 
sider and  report  thereon.  Also,  "An  act  in  addition  to  an  act,  entitled 
'an  act  ceding  to  the  United  States  the  exclusive  jurisdiction  over  a  site 
for  an  Arsenal  at  Vergennes'";  which  was  read,  and  Ordered  to  be  com- 
mitted to  the  Lieut.  Governor  to  consider  and  report  thereon.  Also, 
"An  act  granting  to  Elijah  Loomis  the  exclusive  right  of  keeping  a  ferry 
from  Alburgh  in  the  County  of  Grand  Isle  across  Missisquoi  bay"; 
which  was  read  and  Ordered  to  be  committed  to  Mr.  Pierpoint  to  con- 
sider and  report  thereon.  Also,  "An  act  granting  to  William  Mott  the 
exclusive  right  of  keeping  a  ferry  from  Alburgh  across  lake  Champlain  "; 
which  was  read  &  Ordered  to  be  committed  to  Mr.  Pierpoint  to  consider 
&  report  thereon. 

The  petition  of  Daniel  Palmer,  and  The  petition  of  Edward  Welch, 
convicts  in  the  State  prison,  were  taken  up,  and,  severally,  Ordered  to  be 
dismissed. 

His  Honor,  the  Lieut.  Governor,  on  motion  and  leave,  introduced  a 
bill  entitled  "An  act  authorizing  the  stewards  of  churches  to  hold  lands 
for  certain  purposes  "  ;  which  was  read,  and  Ordered  to  be  referred  to 
the  judiciary  Committee.     Adjourned  to  9  o'clock  to-morrow  morning. 


Thursday  Oct.  23, 1828.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  Received 
from  the  House  the  following  resolutions,  to  wit.  "  Resolved,  the  Gov- 
ernor and  Council  concurring  herein,  that  the  judiciary  Committee  be 
instructed  to  inquire,  whether  real  estate,  conveyed  or  devised  by  indi- 
viduals to  religious  societies,  for  religious  purposes,  is,  or  ought  to  be, 
by  law,  exempt  from  taxation  ;  and  that  they  report  by  bill  or  other- 
wise," which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 


326  Governor  and  Council — October  1828. 

resolution.  "Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  judiciary  Committee  be  directed  to  inquire  whether  any  altera- 
tions are  necessary  in  the  several  acts  relating  to  the  mode  of  election 
of  Governor,  Lieut.  Governor,  treasurer,  councillors  and  representatives 
to  make  them  conform  to  the  constitution  of  this  state,  as  amended  by 
convention,"  which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing 
said  resolution.  "Resolved,  the  Governor  and  Council  concurring 
herein,  that  both  Houses  meet  in  the  representatives'  room,  on  Tuesday 
morning  next,  to  elect  three  directors  of  the  Vermont  State  bank,  and  a 
committee  to  inspect  the  several  banks  in  this  state,  and  make  report  at 
the  next  session  of  the  legislature "  ;  which  was  read  :  Whereupon, 
Resolved  to  concur  in  passing  said  resolution,  and  Ordered,  that  the  Sec- 
retary notify  the  House  accordingly. 

The  House  sent  up  for  concurrence  in  the  reference,  the  following,  to 
wit,  "An  act  to  establish  a  uniformity  in  taxing  the  travel  of  the  mem- 
bers of  the  General  Assembly  "  ;  with  an  order  of  reference  thereon  to 
the  General  Committee;  Whereupon,  Resolved  to  concur  in  said  order  of 
reference.  Also,  "  An  act  making  provisions  for  settling  the  concerns  of 
the  Vermont  State  bank,  and  to  repeal  an  act  therein  mentioned";  with 
an  order  of  reference  thereon  to  the  judiciary  Committee;  Whereupon  Re- 
solved to  concur  in  said  order  of  reference.  Also,  "An  act  for  the 
benefit  of  the  school  districts  in  Benson  "  ;  with  an  order  of  reference 
thereon  to  the  Committee  on  Education;  Whereupon  Resolved  to  con- 
cur in  said  order  of  reference.  Also,  The  petition  of  the  town  ot  Ver- 
non; with  an  order  of  reference  thereon  to  the  Committee  on  roads  and 
canals;  Whereupon,  Resolved  to  concur  in  said  order  of  reference.  Also, 
The  remonstrance  of  James  Whitcomb  &  others  against  a  land  tax  on 
the  town  of  Bolton,  with  an  order  of  reference  thereon  to  the  Land  Tax 
Committee;  Whereupon  Resolved  to  concur  in  said  order  of  reference. 
Also,  The  remonstrance  of  Philip  C.  Tucker  and  others  against  the 
incorporation  of  a  Hemp  company  in  Vergennes;  with  an  order  of  refer- 
ence thereon  to  the  Committee  of  Manufactures;  Whereupon,  Resolved, 
to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  engrossed  bills  for  revision  and 
concurrence  or  proposals  of  amendment,  to  wit. —  "An  act  for  the  relief 
of  Eleazer  Allen"  which  was  read  ;  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Also  "An  act  for  the  relief  [of]  Welcome  Freeman," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Also  "An  act  fixing  the  compensation  of  the  Superintendant  of  the 
State  prison  for  the  current  year "  ;  which  was  read  ;  Whereupon 
Resolved  to  concur  in  passing  said  bill.  And  "An  act  for  the  relief  of 
Henry  Stearns,  Phineas  Stearns,  John  Stearns  and  E.  P.  Stearns," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill, 
and  Ordered,  that  the  Secretary  notify  the  House  of  the  passage  of  the 
foregoing  bills. 

Mr  Thompson,  from  the  committee  to  whom  was  referred  the  bill 
entitled  "An  act,  authorizing  the  Green"  Mountain  Turnpike  Company 
to  re-survey  and  alter  their  road,"  made  report  that,  in  the  opinion  of 
the  committee,  the  same  ought  to  be  amended,  by  striking  out  of  the 
first  section,  the  words  "or  any  two  of  them,"  and  by  striking  out  all  the 
words  in  the  last  section,  after  the  word  "  committee  "  in  the  fifth  line 
from  the  beginning,  and  by  adding  thereto  the  following  proviso,  to  wit, 
"  provided  that  no  gate  shall  be  placed  or  remain  upon  any  part  of  the 
road  which  shall  be  laid  anew  by  said  committee,"  which  amendments 
were  adopted  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill  as 
amended  and  Mr-  Thompson  is  appointed  to  assign  reasons  to  the  House. 


Governor  and  Council — October  1828.  327 

Mr  Clark  of  Windham  County,  to  whom  was  committed  the  bill  entitled 
"An  act  directing  the  Treasurer  to  remit  to  John  F.  Austin  the  sum 
therein  mentioned,"  reported  the  following  amendments,  to  wit.  Strike 
out  the  word  "  fifty  "  in  the  fourth  line,  and  insert  in  lieu  thereof  the 
words  "twenty  five"  ;  after  the  word  "being"  in  the  same  line,  insert 
the  words  "one  half  of,"  after  the  word  "deprived"  in  the  sixth  line,  insert 
the  words  "in  part,"  and  strike  out  the  words  "and  other  misfortunes" 
in  the  last  line.  Which  amendments  were  adopted  ;  Whereupon,  Re- 
solved to  concur  in  passing  said  bill  as  amended,  and  Mr  Clark  of  Wind- 
ham County  was  appointed  to  assign  reasons  to  the  House. 

His  Honor,  the  Lieut.  Governor,  to  whom  was  committed  the  bill 
entitled  "An  act  in  addition  to  an  act  entitled  'an  act,  ceding  to  the 
United  States  the  exclusive  jurisdiction  over  a  site  for  an  arsenal  in 
Vergennes,'"  reported  the  following  amendment,  to  wit — Add  the  follow- 
ing proviso,  viz — "Provided,  also,  that  nothing  herein  contained  shall  be 
construed  to  prevent  the  service  of  civil  process  under  the  authority  of 
this  State,  within  the  limits  herein  described,"  which  amendments  were 
adopted — Whereupon,  Resolved  to  concur  in  passing  said  bill,  as  amended, 
and  his  Honor,  the  Lieut.  Governor,  was  appointed  to  assign  reasons  to 
the  House,  who,  forthwith  reported  the  following,  to  wit,  "The  Governor 
aud  Council  think  it  inexpedient  so  far  to  give  up  the  jurisdiction,  as 
that  the  land  ceded  may  become  an  asylum  for  debtors  &  offenders"  ; 
which  reasons  were  adopted,  &  it  was  Ordered  that  the  secretary  return 
the  said  bill  as  amended,  with  the  reasons  aforesaid. 

The  petition  of  David  Porter,  a  convict  in  the  state  prison,  was  taken 
up,  and  the  question  being  put,  "Shall  the  said  David  Porter  be  dis- 
charged from  the  State  prison  ?"  it  was  determined  in  the  affirmative  — 
Yeas  11,  Nays  0.  Those  who  voted  in  the  affirmative  were,  the  Lieut. 
Governor,  Messrs  Allen,  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County,  Deming,  Forbes,  Harris,  Hoyt,  Pierpoint,  Wetmore  & 
Worthington.  The  petition  of  John  Hunt,  a  convict  in  the  State  prison, 
was  taken  up,  and  the  question  being  put,  "  Shall  the  said  John  Hunt 
be  discharged  from  the  State  prison,  on  condition  of  his  leaving  the 
State  within  twenty  days  ?  "  it  was  determined  in  the  affirmative— Yeas 
11,  Nays  0.  Those,  who  voted  in  the  affirmative  were,  the  Lieut.  Gov- 
ernor, Messrs  Allen,  Clark  of  Bennington  County,  Clark  of  Windham 
County,  Deming,  Forbes,  Harris,  Hoyt,  Pierpoint,  Wetmore  &  Worth- 
ington.   Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Clark  of  Windham  county,  to  whom  was  committed 
the  bill  entitled  "  An  act  incorporating  the  Rutland  Cotton  Manufactur- 
ing Company,"  reported  the  following  amendment  to  said  bill  to  wit, 
"  Add,  at  the  end  of  the  first  section,  the  following  words  to  wit,  "  and 
that  they  shall  so  continue  and  have  succession,  for  and  during  the  term 
of  thirty  years";  which  amendment  was  adopted;  whereupon  Resolved 
to  concur  in  passing  said  bill  as  amended,  and  Mr.  Clark  of  Windham 
county  was  appointed  to  assign  reasons,  who  reported  the  following,  to 
wit,  "  That  it  is  improper  to  grant  acts  of  incorporation  unlimited  as  to 
time,"  which  reason  was  adopted,  &  it  was  Ordered  that  the  Secretary 
return  said  bill  to  the  House,  with  the  reason  aforesaid.  Adjourned  to 
9  o'clock  tomorrow  morning. 

Friday  October  24, 1828.    9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment. 
The  House  sent  up  the  following  for  concurrence  in  the  reference,  to 
wit,    "An  act  to  repeal   an  act  relating  to  manufacturing  establish- 


328  Governor  and  Council — October  1828. 

ments"  ;  with  an  order  of  reference  thereon  to  the  Committee  on  Mili- 
tary affairs;  Whereupon,  Besolved  to  concur  in  said  order  of  reference. 
Also,  "  An  act  granting  relief  and  further  time  to  make  a  road  in  the 
town  of  Brookline"  ;  with  an  order  of  reference  thereon  to  the  Commit- 
tee on  roads  and  canals;  Whereupon,  Besolved  to  concur  in  said  order 
of  reference.  Also,  "An  act  in  addition  to  'an  act  regulating  town 
meetings  and  the  choice  and  duty  of  town  officers'"  ;  with  an  order  of 
reference  thereon  to  the  General  Committee;  Whereupon,  Resolved  to 
concur  in  said  order  of  reference.  Also,  The  remonstrance  of  Samuel 
Jewett  and  others,  with  an  order  of  reference  thereon  to  the  Committee 
raised  on  the  petition  of  Samuel  E.  Chalker  and  others;  Whereupon, 
Besolved  to  concur  in  said  order  of  reference. 

The  following  resolutions  were  sent  up  for  concurrence  in  passing,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
Governor  be  requested  to  request  the  Governor  of  the  province  of  Lower 
Canada  to  cause  to  be  removed  the  obstructions  across  the  river  at  the 
outlet  of  Lake  Memphremagog,  so  that  the  water  may  be  reduced  to  its 
former  height  in  said  lake  ;  which  was  read  ;  Whereupon,  Besolved  to 
concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary  notify 
the  House  accordingly.  "  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  General  Committee  be  instructed  to  inquire  into 
the  expediency  of  passing  an  act,  explanatory  of  the  third  section  of  an 
act,  entitled  '  an  act  ascertaining  the  principles  on  which  the  list  of  this 
State  shall  be  made,  and  directing  listers  in  their  office  and  duty,' "  which 
was  read  ;  Whereupon,  Besolved,  to  concur  in  passing  said  resolution. 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  Jedediah 
H.  Harris  of  Strafford,  and  William  Steele  of  Sharon,  be,  and  hereby  are 
appointed  a  committee  to  attend  at  the  Vermont  State  prison,  in  the 
month  of  September  next,  to  make  an  appraisal  and  inventory  of  all  the 
property  belonging  to  said  prison  ;  and  also  to  settle  with  the  Superin- 
tendant,  and  investigate  all  the  accounts  of  said  prison,  and  make  report 
to  the  Legislature,  at  their  next  session";  which  was  read  ;  Whereupon, 
Besolved  to  concur  in  passing  said  resolution,  and  Ordered  that  the  Sec- 
retary notify  the  House  accordingly.  "  Resolved,  the  Governor  and 
Council  concurring  herein,  that  a  committee  of  two  members  from  this 
House,  to  join  from  Council,  be  appointed  to  inquire  into  the  expediency 
of  altering  the  seventh  section  of  an  act,  entitled  '  an  act  for  the  punish- 
ment of  certain  inferior  crimes  and  misdemeanors,'  passed  Nov.  15, 1821, 
so  as  to  secure  the  forfeitures  under  said  act,  for  the  benefit  of  the  cred- 
itors, and  to  vary  and  regulate  the  same,  as  to  justice  and  good  policy 
shall  appertain";  which  "was  read;  Whereupon,  Besolved  to  concur  in 
passing  said  resolution,  and  Mr.  Clark  of  Bennington  [County]  was  ap- 
pointed from  Council. 

The  House  also  sent  up  for  concurrence  in  passing,  the  following  res- 
olutions, to  wit,  "  Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  policy  and  measures,  adopted  and  pursued  by  the  ad- 
ministration, are  calculated  and  designed  to  promote  and  perpetuate  the 
happiness  and  prosperity  of  the  nation,  and  that  the  talents,  integrity 
and  experience  of  John  Quincy  Adams,  eminently  qualify  him  to  dis- 
charge the  high  and  responsible  duties  of  the  president  of  the  United 
States.  Resolved,  that  this  Legislature  approve  of  the  nomination  of 
Richard  Rush,  as  the  candidate  for  the  office  of  Vice-president,"  which 
resolutions  were  read,  and  the  question  being  put,  "  Shall  said  resolu- 
tions pass  ?"  it  was  determined  in  the  affirmative.  Yeas  13,  Nays  0. 
Those  who  voted  in  the  affirmative,  were,  His  Honor,  the  Lieut.  Gover- 
nor, Messrs.  Allen,  Clark  of  Bennington  C°  Clark  of  Windham  County, 


G-overnor  and  Council — October  1828.  329 

Deming,  Forbes,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson,  Wet- 
more  and  Worthington. 

Mr.  Forbes  moved  that  the  vote  dismissing  the  petition  of  Jabez  K. 
Parkhurst,  a  convict  in  the  State  prison,  be  re-considered,  and  the  ques- 
tion being  taken,  it  was  determined  in  the  negative.  The  following  pe- 
titions of  convicts  in  the  State  prison,  were  severally  taken  up,  to  wit, 
The  petition  of  Silas  Hathaway,  Jr.  ;  The  petition  of  Joel  H.  Harvey  ; 
The  petition  of  Samuel  Whitlock  ;  The  petition  of  Jeremiah  Bradley  ; 
The  petition  of  John  Stanley,  and  The  petition  of  Thomas  Gibson,  and 
were,  severally,  Ordered  to  be  dismissed.  The  petition  of  Cyrus  Carrier, 
late  a  convict  in  the  State  prison,  was  taken  up,  and  the  question  being 
put,  "  Shall  a  pardon  be  granted  to  the  said  Cyrus  Carrier  ?"  it  was  de- 
termined in  the  affirmative.  Yeas  11,  Nays  0.  Those,  who  voted  in  the 
affirmative,  were,  the  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Benning- 
ton County,  Clark  of  Windham  County,  Deming,  Forbes,  Hoyt,  Pier- 
point,  Thompson,  Wetmore  and  Worthington. 

Mr.  Pierpoint,  to  whom  was  committed  the  bill  entitled  "  an  act,  grant- 
ing to  Elijah  Loomis  the  exclusive  right  of  keeping  a  ferry  from  Al- 
burgh,  in  the  County  of  Grand  Isle,  across  Missisquoi  bay,"  reported  the 
same  with  the  following  amendment,  to  wit,  "  Strike  out  all  the  bill,  after 
the  first  clause  of  the  first  section,  and  insert  in  lieu  thereof  the  follow- 
ing proviso,  to  wit,  '  Provided  that  the  said  Elijah  Loomis,  his  heirs  and 
assigns,  shall,  in  all  things,  be  subject  to,  and  governed  by  the  general 
Statutes  of  this  State,  regulating  ferries  and  ferriages'  ";  which  amend- 
ment was  adopted  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill, 
as  amended,  and  Mr.  Pierpoint  was  appointed  to  assign  reasons,  who 
reported  the  following,  to  wit,  "  That  it  is  inexpedient  to  encumber  our 
statute  books  with  unnecessary  provisions  in  grants  of  this  kind,"  which 
was  adopted  and  it  was  Ordered  that  the  Secretary  return  said  bill  to 
the  House  with  the  reason  aforesaid. 

Mr.  Pierpoint,  to  whom,  also,  was  committed  the  engrossed  bill,  enti- 
tled "An  act  granting  to  William  Mott  the  exclusive  right  of  keeping  a 
ferry  from  Alburgh  across  Lake  Champlain,"  reported  the  same  with  the 
following  amendment,  to  wit,  "  Strike  out  all  the  bill  after  the  first  clause 
of  the  first  section  and  insert,  in  lieu  thereof,  the  following  proviso,  to 
wit,  '  Provided  that  the  said  William  Mott.  his  heirs  and  assigns,  shall, 
in  all  things,  be  subject  to,  and  governed  by,  the  general  statutes  of  this 
State  regulating  ferries  and  ferriages,'"  which  amendment  was  adopted; 
Whereupon,  Resolved  to  concur  in  passing  said  bill  as  amended,  and  Mr. 
Pierpoint  was  appointed  to  assign  reasons,  who  reported  the  following, 
to  wit,  "  That  it  is  inexpedient  to  encumber  our  statute  books  with  un- 
necessary provisions,  in  grants  of  this  kind,"  which  was  adopted,  and  it 
was  Ordered  that  the  Secretary  return  said  bill  to  the  House  with  the 
reason  aforesaid. 

The  following  engrossed  bill  was  sent  up  by  the  House  for  revision 
and  concurrence  or  proposals  of  amendment,  to  wit,  "  An  act,  author- 
izing the  town  of  Bridgewater  to  hold  stock  in  the  Sherburne  turnpike 
Company,"  which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Also,  "An  act  laying  a  tax  on  the  lands  in  Ripton  ";  which 
was  read;  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also,  "An 
act  laying  a  tax  on  the  lands  in  Kingston  "  [Granville];  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also,  "An  act  lay- 
ing a  tax  on  the  lands  in  Granby";  which  was  read  ;  Whereupon,  Re- 
solved to  concur  in  passing  said  bill.  Also,  "An  act  laying  a  tax  on  the 
lands  in  Sunderland";  which  was  read  ;  Whereupon,  Resolved  to  concur 
in  passing  said  bill.  Ordered,  that  the  Secretary  inform  the  House  of  the 
passage  of  the  five  bills  last  mentioned.    Received,  also,  from  the  House, 


330  Governor  and  Council — October  1828. 

for  revision  and  concurrence  or  proposals  of  amendment,  the  following 
engrossed  bill,  to  wit,  "An  act  incorporating  the  Black  River  Canal  and 
Manufacturing  Company  ";  which  was  read  and  Ordered  to  be  com- 
mitted to  Mr.  Forbes  to  consider  and  report  thereon.  Adjourned  to  2 
o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  adjourn- 
ment. On  motion  of  Mr  Wetmore,  the  vote,  concurring  in  the  passage 
of  the  engrossed  bill,  entitled  "An  act  laying  a  tax  on  the  lands  in 
Granby"  was  reconsidered,  and  it  was  Ordered  that  said  bill  be  com- 
mitted to  Mr  Allen  to  consider  and  report  thereon. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Upham,  one  of  its  members,  informing  that  the  House  had  refused  to 
concur  in  the  amendments  proposed  by  the  Goveruor  and  Council  to  the 
bill  entitled  "An  act  directing  the  Treasurer  to  remit  to  John  F.  Austin 
the  sum  therein  mentioned,"  and,  after  assigning  the  reasons,  Mr.  Up- 
ham withdrew. 

Mr  Pierpoint  called  up  the  resolution,  which  was  laid  on  the  table  on 
the  22d-  instant,  fixing  the  time  for  the  adjournment  of  both  Houses 
without  day.  and  on  motion  of  Mr  Pierpoint  said  resolution  was  amended 
by  striking  out  the  word  "Thursday"  and  inserting  in  lieu  thereof  the 
word  "Friday."  Whereupon,  Besolved  to  concur  in  passing  said  resolu- 
tion as  amended,  and  Ordered  that  the  Secretary  notify  the  House 
accordingly. 

A  message  was  received  from  the  House  of  Representatives  by  Mr 
Jenison,  one  of  its  members,  informing  that  the  House  had  concurred  in 
the  first  amendment  proposed  by  the  Governor  and  Council  to  the  bill 
entitled  "An  act  authorizing  the  Green  Mountain  Turnpike  Company 
to  resurvey  and  alter  their  road  "  ;  and  that  the  House  had  refused  to 
concur  in  the  second  amendment  proposed  by  the  Governor  and  Council 
to  said  bill ;  and  after  assigning  reasons,  Mr-  Jenison  withdrew. 

Mr-  Pierpoint,  on  motion  and  leave,  introduced  the  following  resolution, 
to  wit,  "  In  Council  Oct.  24, 1828.  Resolved,  the  General  Assembly  con- 
curring herein,  that  the  Committee  on  Military  Affairs  be  instructed  to 
inquire  into  the  situation  of  the  Ordnance  and  arms  belonging  to  the 
state,  and  report  by  bill  [or]  otherwise,"  which  was  read  and  passed. 

The  engrossed  bill  entitled  "An  act  directing  the  Treasurer  to  remit 
to  John  F.  Austin  the  sum  therein  mentioned,"  was  taken  up  and  read 
together  with  the  amendments  yesterday  proposed  by  the  Governor  & 
Council  to  the  same,  in  which  amendments  the  House  had  refused  to 
concur.  Whereupon,  Resolved  to  rescind  from  said  proposed  amend- 
ments; and  said  bill  was  further  amended  by  striking  out  the  word  "fifty" 
in  the  fourth  line  &  inserting  the  words  "twenty-six,"  in  lieu  thereof, 
&  by  inserting  after  the  word  "being,"  in  the  same  line,  the  words  "part 
of,"  &  by  inserting  after  the  word  "deprived"  in  the  sixth  line,  the  words 
"in  part,"  and  by  striking  out  the  words  "and  other  misfortunes,"  in  the 
last  line.  Whereupon,  Resolved  to  concur  in  passing  said  bill  as  last 
amended,  and  Mr.  Thompson  was  appointed  to  assign  reasons  to  the 
House.        Adjourned  to  9  o'clock  to-morrow  morning. 


Saturday  October  25, 1828.  9  o'clock  A  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up  the  following  for  concurrence  in  the  reference,  to  wit, 
The  account  of  Truman  Powell  against  the  State,  which  had  been  disal- 
lowed by  the  auditor,  with  an  order  of  the  House  thereon,  referring  the 
same  to  the  Committee  of  Claims  ;   Whereupon,  Resolved  to  concur  in 


Governor  and  Council — October  1828.  331 

said  order  of  reference.  Also  "An  act  for  the  relief  of  the  town  of 
Windham  in  the  County  of  Windham,"  with  an  order  of  reference 
thereon  to  the  Committee  on  roads  and  canals  ;  Whereupon,  Resolved  to 
concur  in  said  order  of  reference.  Also  "An  act  in  addition  to  an  act 
regulating  marriage  and  divorce,"  with  an  order  of  reference  thereon  to 
the  judiciary  Committee  ;  Whereupon  Resolved  to  concur  in  said  order 
of  reference.  Also  <:An  act  to  regulate  the  practice  in  chancery,"  with 
an  order  of  the  House  thereon  that  the  same  be  re-committed  to  the 
judiciary  Committee  ;  Whereupon,  Resolved  to  concur  in  said  order  of 
re-commitment.  Also  "An  act  in  addition  to  an  act  directing  the  mode 
of  obtaining  licences,  and  regulating  inns  and  houses  of  public  enter- 
tainment "  ;  with  an  order  of  reference  thereon  to  the  Committee  of 
Ways  and  means  ;  Whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence. Also,  The  remonstrance  of  Benjamin  Morrison  and  others 
against  a  land  tax  on  Starksboro,  with  an  order  of  reference  thereon  to 
the  land  tax  Committee  ;  Whereupon,  Resolved  to  concur  in  said  order 
of  reference.  Also,  The  petition  of  Othniel  Blanden  for  alteration  of 
his  name,  with  an  order  of  the  House  thereon  that  the  same  be  referred 
to  the  committee  raised  on  the  petition  of  John  Rugg  ;  Whereupon, 
Resolved  to  concur  in  said  order  of  reference.  Also  "An  act  annexing  a 
part  of  the  town  of  Brookfield  to  the  town  of  Chelsea"  ;  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  ref- 
erence, and  Mr  Hoyt  was  appointed  from  Council.  Also  "An  act  in 
addition  to  an  act  entitled  'An  act  directing  the  proceedings  against  the 
trustees  of  absconding  or  concealed  debtors'  "  ;  with  an  order  of  refer- 
ence thereon  to  a  committee  of  two,  to  join  from  Council  :  Whereupon 
Resolved  to  concur  in  said  order  of  reference,  and  Mr  Pierpoint  was 
appointed  from  Council. 

Received,  also,  from  the  House,  for  concurrence  in  passing,  the  follow- 
ing resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  concurring 
herein,  that. both  houses  meet  in  the  representatives'  room,  at  ten  o'clock, 
on  Tuesday  morning  next,  to  elect  three  commissioners,  agreeably  to  an 
act  for  the  benefit  of  the  deaf  and  dumb  ;  and  also  a  board  of  commis- 
sioners for  common  schools  ";  which  was  read  ;  Whereupon,  Resolved 
to  concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary  no- 
tify the  House  accordingly.  Also,  the  following,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  Committee  of  Ways 
and  Means  be  directed  to  report  a  bill  to  the  house,  making  compensa- 
tion to  the  commissioners  of  the  school  fund  ";  which  was  read  ;  Where- 
upon, Resolved,  to  concur  in  passing  said  resolution.  Also,  the  follow- 
ing, to  wit,  '*  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  General  Committee  be  directed  to  inquire  into  the  expediency 
of  repealing,  or  altering  the  act,  entitled, '  an  act  to  establish  the  weight 
of  rye,  corn  and  oats'  ";  which  was  read  ;  Whereupon,  Resolved  to  con- 
cur in  passing  said  resolution. 

Mr.  Forbes,  to  whom  was  committed  the  engrossed  bill,  entitled  "An 
act  incorporating  the  Black  River  Canal  &  Manufacturing  Company," 
reported  the  same  with  the  following  amendment,  to  wit; — insert  after 
the  words  "  Eighteen  hundred  and  sixty  eight,"  in  the  tenth  line  of  the 
first  section,  the  words,  "  the  legislature  reserving  the  right  of  amending 
or  abolishing  this  act,  at  the  end  of  thirty  years,  ^s  the  public  good  may 
require,"  which  amendment  was  adopted  ;  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill  as  amended,  and  Mr.  Forbes  was  appointed  to 
assign  reasons  ;  who  reported  the  following,  to  wit,  "  That  in  the  opin- 
ion of  the  Governor  and  Council,  it  is,  in  all  cases,  expedient  for  the  leg- 
islature to  reserve  to  themselves  the  right,  after  thejapse  of  a  term  [of 


332     -  Governor  and  Council — October  1828. 

years]  not  longer  than  that  mentioned  in  the  proposed  amendment,  of 
altering,  amending  or  repealing  private  acts  of  incorporation,  as  the  pub- 
lic good  may  require";  which  reasons  were  adopted,  and  it  was  Ordered 
that  the  Secretary  return  said  bill  to  the  House  with  the  reasons  afore- 
said. 

The  petition  of  Zelotes  Morse,  to  be  restored  to  his  legal  privileges, 
was  taken  up,  and  the  question  being  put,  "  Shall  a  pardon  be  granted  to 
the  said  Zelotes  Morse  ?"  it  was  determined  in  the  affirmative.  Yeas 
11,  Nays  0.  Those  who  voted  in  the  affirmative  were,  the  Lieut.  Gover- 
nor, Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Windham 
County,  Deming,  Forbes,  Hoyt,  Langdon,  Pierpoint,  Thompson  and 
Wetmore.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to 
adjournment.  The  petition,  for  remission  of  costs  and  residue  of  im- 
prisonment, of  Merritt  Rockwell,  a  prisoner,  confined  in  the  common 
jail  in  the  County  of  Grand  Isle,  by  sentence  of  the  County  Court  of  said 
County,  upon  a  conviction  before  said  court,  for  assault  &  battery,  was 
taken  up  ;  Whereupon,  Resolved,  that  the  costs  of  prosecution  in  said 
case  be  remitted. 

The  engrossed  bill,  entitled  "An  act  authorizing  the  Green  Mountain 
Turnpike  Company  to  resurvey  and  alter  their  road,  in  the  second 
amendment  to  which,  proposed  by  the  Governor  and  Council,  the  House 
refused  to  concur,  was  taken  up  and  read  together  with  said  amendment, 
Whereupon,  Resolved  to  rescind  from  said  amendment  and  to  concur  in 
passing  said  bill,  &  Ordered  that  the  Secretary  notify  the  House  accord- 
ingly- 
Received  from  the  house,  for  concurrence  in  the  reference,  the  follow- 
ing, to  wit,  "An  act  relating  to  the  sale  of  personal  property  attached  on 
mesne  process  ";  with  an  order  of  reference  thereon  to  the  judiciary 
Committee  ;  Whereupon,  Resolved  to  concur  in  said  order  of  reference. 
Adjourned  to  9  o'clock  Monday  morning. 


Monday  October  27, 1828.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference,  to  wit,  "  An  act 
granting  to  the  town  of  Plymouth  further  time  to  complete  a  road  in 
said  town  "  ;  with  an  order  of  reference  thereon  to  the  Committee  on 
roads  and  canals;  Whereupon,  Resolved  to  concur  in  said  order  of  refer- 
ence. Also,  "  An  act  incorporating  the  White  river  Salt  manufacturing 
company "  ;  "  An  act  incorporating  certain  persons  therein  mentioned 
by  the  name  of  the  Windsor  Manufacturing  Company  "  ;  and  The  peti- 
tion of  Benjamin  F.  Southgate  and  others;  with  an  order  of  reference 
on  each  to  the  Committee  on  manufactures;  Whereupon,  Resolved  to 
concur  in  said  orders  of  reference.  Also  "  An  act  directing  the  nomina- 
tion of  justices  of  the  Peace"  ;  with  an  order  of  reference  thereon  to  the 
General  Committee;  Whereupon,  Resolved  to  concur  in  said  order  of 
reference.  Also  "An  act  in  addition  to  an  act  entitled  'An  act  consti- 
tuting the  Supreme  Court  of  Judicature  and  County  Courts,  defining 
their  powers  and  regulating  judicial  proceedings '  ;  passed  Nov.  18, 
1824";  with  an  order  of  reference  thereon  to  the  judiciary  Committee; 
Whereupon,  Resolved  to  concur  in  said  order  of  reference.  Also  "An 
act  in  addition  to  '  an  act  constituting  the  supreme  court  of  judicature 
and  Count}'  courts,  and  regulating  judicial  proceedings,'  passed  Nov. 
15,  1827,"  with  an  order  of  reference  thereon  to  the  judiciary  Committee; 
Whereupon,  Resolved  to  concur  in  said  order  of  reference.     Alsu  The 


Governor  and  Council — October  1828.  333 

petition  of  Daniel  Peake  and  others,  with  an  order  of  reference  thereon 
to  the  land  tax  Committee;  Whereupon,  Resolved  to  concur  in  said 
order  of  reference.  Also  "  An  act  for  the  relief  of  the  Waltham  turn- 
pike company"  ;  with  an  order  of  reference  thereon. to  a  Committee  of 
two,  to  join  from  Council;  Whereupon  Resolved  to  concur  in  said  order 
of  reference,  and  Mr.  Hoyt  was  appointed  from  Council. 

Received  for  concurrence  in  passing,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Com- 
mittee of  insolvency  be  instructed  to  inquire  into  the  expediency  of 
passing  a  law  to  carry  into  effect  the  provisions  of  the  thirty  third  sec- 
tion of  the  constitution  of  this  State,  and  report  by  bill  or  otherwise  " 
which  was  read;  Whereupon  Resolved  to  concur  in  passing  said  resolu- 
tion. 

The  Governor  and  Council,  on  motion  of  Mr.  Wetmore,  proceeded  to 
the  appointment  of  a  librarian  to  the  Legislature  and  a  Surveyor  of 
public  buildings;  when  Calvin  J.  Keith  was  appointed  librarian,  and 
Joseph  Howes  Surveyor  of  public  buildings.  Adjourned  to  2  o'clock 
P.M. 

2  o'clock  P.  M.  — The  Governor  and  Council  met  agreeably  to 
adjournment.  The  House  sent  up  for  concurrence  the  following,  to  wit, 
"An  act  in  addition  to  and  amendment  of  the  several  acts  for  the  pur- 
pose of  founding  the  University  of  Vermont"  ;  with  an  order  of  refer- 
ence thereon  to  the  judiciary  Committee;  Whereupon,  Resolved  to  con- 
cur in  said  order  of  reference. 

The  following  engrossed    bills  were  sent  up  to  the  Governor  and 
Council,  for  their  revision  and  concurrence  or  proposals  of  amendment, 
to  wit,  "An  act  in  addition  to  an  act  entitled  'An  act  regulating  town 
meetings  and  the  choice  and  duty  of  town  officers,'    passed  Feb.   28, 
1797  "  ;  which  was  read,  and  Ordered  to  be  committed  to  Mr.  Thompson, 
to  consider  and  report  thereon.    Also,  "  An  act  authorizing  the  Treas- 
urer of  this  State  to  sell  and  convey  certain  lands  in   Colchester"; 
which  was  read,  and  Ordered  to  be  committed  to  Mr.  Thompson  to  con- 
sider and  report  thereon.     Also  "An  act  against  disturbing  the  remains 
of  the  dead"  ;  which  was  read;  Whereupon,  Resolved  to  concur  in  pass- 
ing said  bill.     Also  "An  act  determining  the  standard  measure  of  char- 
coal, lime  and  ashes  "  ;  which  Was  read;  Whereupon,  Resolved  to  concur 
in  passing  said  bill.     Also,  "  An  act  laying  a  tax  on  the  lands  in  Under- 
bill "  ;  which  was  read;  Whereupon,  Resolved  to  concur  in  passing  said 
bill.     Also,  "An  act  laying  a  tax  on  the  lands  in  Warren"  ;  which  was 
read;  Whereupon,  Resolved  to  concur  in  passing  said  bill.     Also,  "An 
act  directing  the  Treasurer  to  pay  the  sum  therein  mentioned  "  ;  which 
was  read;  Whereupon  Resolved  to  concur  in  passing  said  bill.    Also 
"  An  act  laying  a  tax  on  the  lands  in  Coventry,";  which  was  read;  Where- 
upon, Resolved  to  concur  in  passing  said  bill.     Also,  "  An  act  laying  a 
tax  on  the  lands  in  that  part  of  Goshen  annexed  to  Ripton,"  which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.     Also,  "An 
act  to  incorporate  an  aqueduct  company  in  the  center  village  in  Starks- 
boro";   which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing 
said  bill.     Also,  "  An  act  incorporating  certain  persons  therein  named 
by  the  name  of  the  Middlebury  fire  society"  ;  which  was  read;  Where- 
upon, Resolved  to  concur  in  passing  said  bill.     Also,  "  An  act  in  addition 
to  an  act,  laying  a  tax  on  the  town  of  Random,"  passed  Nov.  12,  1827; 
which  whs  read;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
And  also  "  An  act  directing  the  Treasurer  of  this  State  to  credit  the 
towns  of  Peru,  Waterville,  Belvidere,  Winhall,  Baltimore  and  Sterling, 
the  amount  of  the  state  tax,  assessed  upon  each  town  upon  the  list  of 
1827,"  which  was  read;  Whereupon  Resolved  to  concur  in  passing  said 


334  G- over  nor  and  Council — October  1828. 

bill,  &  Ordered  that  the  Secretary  notify  the  House  of  the  passage  of  the 
eleven  foregoing  bills. 

The  petition  of  William  Longley,  formerly  a  convict  in  the  state 
prison,  was  taken  up,  and  the  question  being  put,  "  Shall  the  said  Will- 
iam Longley  be  pardoned  ?"  it  was  determined  in  the  affirmative.  Yeas 
12,  Nays  0.  Those  who  voted  in  the  affirmative  were,  the  Lieut.  Gov- 
ernor, Messrs.  Allen,  Clark  of  Windham  County,  Deming,  Forbes,  Har- 
ris, Hoyt,  Langdon,  Pierpoint,  Thompson,  Wetmore  and  Worthington. 

The  engrossed  bill  entitled  "  An  act  laying  a  tax  on  the  lands  in 
Granby,"  was  called  up,  when  Mr.  Langdon  moved  to  amend  the  same, 
by  striking  out  the  word  "  four,"  in  the  third  line  ;  and  the  question 
being  taken,  it  was  determined  in  the  negative.  The  said  bill  was  then 
amended,  on  motion  of  Mr.  Langdon,  by  striking  out  the  name  of  "Eli- 
jah Baker  "  in  the  seventh  line,  and  inserting  in  lieu  thereof  the  name 
of  "Joel  Bassett,"  Whereupon,  Resolved  to  concur  in  passing  said  bill, 
as  amended,  and  Mr.  Langdon  was  appointed  to  assign  reasons  to  the 
House,  who  reported  the  following,  to  wit,  "  That  Joel  Bassett,  the  per- 
son named  in  this  amendment,  is  better  qualified  to  perform  the  impor- 
tant trust  reposed  in  said  committee,  than  the  said  Elijah  Baker,  and  is 
a  man  preferred  by  the  persons  most  interested  in  the  tax,"  which  rea- 
sons were  adopted  ;  and  it  was  Ordered  that  the  Secretary  return  said 
bill  to  the  house,  with  the  reasons  aforesaid. 

Mr.  Thompson,  to  whom  was  committed  the  engrossed  bill,  entitled 
"An  act  authorizing  the  Treasurer  of  this  State  to  sell  and  convey  cer- 
tain lands  in  Colchester";  reported  the  same  without  amendment; 
Whereupon,  Resolved  to  concur  in  passing  said  bill  &  Ordered  that  the 
Sec'y  notify  the  House  thereof. 

Mr.  Hoyt  was  excused  from  serving  on  the  joint  Committee,  to  whom 
was  referred  the  bill  entitled  "  an  act  for  the  relief  of  the  Waltham  Turn- 
pike Company,"  and  Mr.  Harris  appointed  in  his  stead.  Adjourned  to 
9  o'clock  tomorrow  morning. 


Tuesday  Oct.  28, 1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up  the  following,  for  concurrence  in  the  reference,  to  wit,  "An  act 
authorizing  the  town  of  Ryegate  to  hold  stock  in  the  Passumpsic  Turn- 
pike Company,"  with  an  order  of  reference  thereon  to  the  Committee  on 
roads  and  canals  ;  Whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence. Also,  "An  act  incorporating  the  Bennington  Cotton  Manufac- 
turing Company,"  with  an  order  of  the  House  thereon  that  the  same  be 
re-committed  to  the  Committee  of  Manufactures  ;  Whereupon,  Resolved 
to  concur  in  said  order  of  re-commitment.  Also,  "  An  act  granting  re- 
lief to  William  R.  Shatter";  with  an  order  of  reference  thereon  to  the 
General  Committee  ;  Whereupon,  Resolved,  to  concur  in  said  order  of 
reference.  Also,  "An  act  directing  the  Treasurer  to  credit  the  first  con- 
stable of  the  town  of  Acton  the  sum  therein  mentioned,"  with  an  order 
of  the  House  thereon  that  the  same  be  re-committed  to  the  Committee 
of  claims  ;  Whereupon,  Resolved  to  concur  in  said  order  of  re-commit- 
ment. 

Received  from  the  House,  for  concurrence  in  passing,  the  following 
resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  concurring 
herein,  that  His  Excellency  be  requested  to  appoint  the  first  Thursday  of 
December  next,  to  be  observed  as  a  day  of  public  thanksgiving  through- 
out this  State,"  which  was  read  ;  Whereupon,  Resolved  to  concur  in  pass- 
ing said  resolution,  &  Ordered  that  the  Sec'*  notify  the  house  thereof. 


Governor  and  Council — October  1828.  335 

Received  from  the  house  the  following  engrossed  bills,  for  revision  and 
concurrence  or  proposals  of  amendment,  to  wit,  "  An  act  relating  to 
school  districts";  which  was  read;  Whereupon^  Besolved  to  concur  in 
passing  said  bill.  Also,  "  An  act  altering  the  name  of  Russell  Lamb 
Wilcox  ";  which  was  read  ;  Whereupon,  Besolved  to  concur  in  passing 
said  bill.  Also,  "An  act  altering  the  name  of  John  Rugg  ";  which  was 
read  ;  Whereupon,  Besolved,  to  concur  in  passing  said  bill.  Also,  "An 
act  altering  the  name  of  Elizabeth  Powell";  which  was  read  ;  Where- 
upon, Besolved  to  concur  in  passing  said  bill.  Also,  ''An  act  to  incorpo- 
rate the  Searsburgh  Turnpike  Company";  which  was  read;  Where- 
upon, Besolved  to  concur  in  passing  sd-  bill ;  &  ordered  that  the  Sec'? 
notify  the  House  of  the  passage  of  sd-  bills. 

The  Governor  and  Council  attended  in  the  representatives'  room  for 
the  further  appointment  of  County  officers  ;  and  for  the  election  of  three 
commissioners  under  the  act  for  the  benefit  of  the  deaf  and  dumb,  and  a 
board  of  commissioners  for  common  schools,  and  after  attending  to  the 
business  of  the  joint  Committee,  they  returned  to  their  chamber.1  Ad- 
journed to  2  o'clock  P.  M. 

2  o'clock  P.  M.  —  The  Governor  and  Council  met  agreeably  to 
adjournment.  The  petition  of  Samuel  Norris,  for  a  pardon,  was  taken 
up,  and  the  question  being  put,  "Shall  a  pardon  be  granted  to  the  said 
Samuel  Norris  ?  "  it  was  determined  in  the  affirmative.  Yeas  13.  Nays 
0.  Those,  who  voted  in  the  affirmative,  were,  the  Lieut.  Governor, 
Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County, 
Deming,  Forbes,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson,  Wetmore 
and  Worthington. 

A  communication  was  received  from  the  Speaker  of  the  House  of 
Representatives,  informing  that  the  House  had  concurred  in  the  amend- 
ments proposed  by  the  Governor  and  Council  to  the  resolution  fixing  a 
time  for  the  meeting  of  both  houses  for  the  purpose  of  adjourning  the 
General  Assembly  without  day. 

Mr.  Thompson,  to  whom  was  committed  the  engrossed  bill,  entitled 
"An  act  in  addition  to  an  act  regulating  town  meetings  and  the  choice 
and  duty  of  town  officers,  passed  Feb.  28,  1797 "  ;  reported  the  same, 
with  the  following  amendment,  to  wit,  "strike  out  the  words  "  his  imme- 
diate predecessor  in  office  left,"  in  the  20th  and  21st  lines,  and  insert,  in 
lieu  thereof,  the  words,  "  any  of  his  predecessors  in  office  may  have 
left'"  —  which  amendment  was  adopted  ;  Whereupon,  Besolved  to  concur 
in  passing  said  bill  as  amended,  and  Mr  Thompson  was  appointed  to 
assign  reasons  to  the  House. 

Received,  for  revision  and  concurrence  or  proposals  of  amendment, 
the  following  engrossed  bill,  to  wit,  "An  act  incorporating  the  Jerico 
Academy  at  Jerico,"  which  was  read  ;  Whereupon,  Besolved  to-  concur 
in  passing  said  bill.  Also,  the  following,  to  wit,  "An  act  laying  a  tax  on 
the  lands  in  Mount  Tabor,"  which  was  read  ;  Whereupon,  Besolved  to 
concur  in  passing  said  bill ;  and  Ordered  that  the  Secretary  notify  the 
House  of  the  passage  of  the  two  last  mentioned  bills. 

Also,  the  following,  to  wit,  "An  act  in  addition  to  and  amendment  of 
an  act  entitled  'An  act  confirming  a  grammar  school  in  the  County  of 

*The  following  elections  were  made  in  Joint  Assembly:  Committee 
to  examine  banks,  Robert  Pierpoint ;  Commissioners  for  the  Deaf  and 
Dumb,  Horace  Everett,  Chauncey  Langdon,  and  John  Smith  of  St. 
Albans  ;  Commissioners  for  Common  Schools,  William  Hall,  Charles  K. 
Williams,  Jacob  Collamer,  Benjamin  F.  Bailey  and  Ephraim  Paddock. 


Governor  and  Council — October  1828. 

Rutland,'  passed  Oct.  29, 1805,"  which  was  read  and  Ordered  to  lie  on 
the  table. 

Also,  the  following,  to  wit,  "Au  act  in  addition  to  an  act  entitled  'an 
act  constituting  the  Supreme  Court  of  Judicature  and  County  Courts, 
defining  their  powers  and  regulating  judicial  proceedings,'  "  which  was 
read  ;  Whereupon  Resolved  not  to  concur  in  passing  said  bill,  and  Mr 
Thompson  was  appointed  to  report  reasons  therefor  in  writing. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Wednesday  Oct.  29, 1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up  for  revision  and  concurrence  or  proposals  of  amendment 
the  following  engrossed  bills,  to  wit,  "An  net  in  addition  to  an  act  entitled 
an  act  constituting  the  Supreme  Court  of  Judicature  and  County  Courts, 
defining  their  powers  and  regulating  judicial  proceedings,  passed  Nov. 
18,  1824,"  which  was  read  ;  Whereupon  Resolved  to  concur  in  passing 
said  bill.  Also  "An  act  assessing  a  tax  for  the  support  of  Government," 
which  was  read  ;  Whereupon  Resolved  to  concur  in  passing  said  bill. 
Also  "An  act  making  appropriations  for  the  support  of  Government," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Ordered  that  the  Secretary  inform  the  House  of  the  passage  of  the  three 
foregoing  bills. 

The  following  was  sent  up  for  concurrence  in  the  reference,  to  wit, 
"An  act  incorporating  certain  persons  therein  named,  by  the  name  of 
the  Randolph  west  village  fire  Company";  with  an  order  of  reference 
thereon  to  the  Committee  of  Manufactures  ;  Whereupon,  Resolved  to 
concur  in  said  order  of  reference.  Also,  "  An  act  to  abolish  imprison- 
ment for  debt";  with  an  order  of  refereuce  thereon  to  the  Judiciary 
Committee  ;  Whereupon,  Resolved  to  concur  in  said  order  of  reference. 
Also  "Ad  act  in  addition  to  an  act,  entitled  'an  act  to  incorporate  the 
President,  Directors  &  Company  of  the  Bank  of  Montpelier'  ";  with  an 
order  of  reference  thereon  to  the  committee  raised  on  that  part  of  his 
Excellency's  speech,  relating  to  banks  ;  Whereupon,  Resolved  to  concur 
in  said  order  of  reference. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  both  Houses  meet  in  joint  Committee,  in  the  representatives'  room, 
at  two  o'clock,  this  afternoon,  for  the  purpose  of  electing  two  justices  of 
the  Supreme  Court";  which  was  read  ;  Whereupon,  Resolved  to  concur 
in  passing  said  resolution,  &  ordered  that  the  Sec'^  notify  the  house  ac- 
cordingly. 

Received  for  concurrence  in  the  reference,  the  following,  to  wit,  u  An 
act  in  addition  to  the  several  acts  for  laying  out,  making  and  repairing 
highways";  Also,  another  act  of  the  same  title  as  the  preceding  ;  with 
an  order  of  reference  on  each  to  a  committee  of  three  to  join  from  Coun- 
cil; Whereupon,  Resolved  to  concur  in  said  several  orders  of  reference, 
and  Mr.  Langdon  was  appointed  from  Council. 

The  following  engrossed  bills  were  received  from  the  House,  for  re- 
vision &  concurrence  or  proposals  of  amendment,  to  wit,  "An  act  in  ad- 
dition to,  and  alteration  of  an  act,  for  the  purpose  of  regulating  suits  re- 
specting landed  property  and  directing  the  mode  of  proceeding  therein  ; 
passed  Nov.  14, 1827  ";  which  was  read;  Whereupon,  Resolved  to  concur 
in  passing  said  bill.  Also,  "  An  act  for  the  relief  of  Gilbert  Bradley  2d- "; 
which  was  read;  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also 
**  An  act  in  addition  to  an  act  incorporating  the  village  of  Montpelier  "; 


Governor  and  Council — October  1828.  337 

which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
The  engrossed  bill,  entitled  "An  act  in  addition  to  and  amendment  of  an 
act  entitled  'An  act  confirming  a  grammar  [school]  in  the  County  of  Rut- 
land ;  passed  Oct.  29,  1805,'";  which  was  yesterday  laid  on  the  table, 
was  called  up  and  read  ;  Whereupon,  Besolved  to  concur  in  passing  said 
bill.  Ordered  that  the  Secretary  inform  the  House  of  the  passage  of  the 
four  bills  last  mentioned. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  jail  commissioners  in  the  several  counties  in  this  State  be,  and 
they  are  hereby  instructed  to  make  and  report  to  the  Secretary  of  State, 
by  the  fifteenth  day  of  October  1829,  the  number  of  persons,  who  shall 
have  been  committed  to  jail  and  admitted  to  the  benefit  of  the  poor  debt- 
or's oath,  from  the  first  day  of  October  1828,  to  the  first  day  of  October 
1829,  whose  duty  it  shall  be  to  lay  the  same  before  the  General  Assem- 
bly," which  was  read  and  Ordered  to  be  committed  to  Mr.  Thompson  for 
amendment. 

Mr.  Thompson,  who  was  yesterday  appointed  to  assign  reasons  in 
writing,  for  non-concurring  in  the  passage  of  the  engrossed  bill,  entitled 
"  An  act  in  addition  to  an  act  entitled  'An  act  constituting  the  Supreme 
Court  of  judicature  and  County  Courts,  defining  their  powers  and  reg- 
ulating judicial  procedings,"  reported  the  following,  to  wit,  "The  in- 
stances in  which  machinery  is  attached,  under  such  circumstances, 
that  the  debtor  cannot  procure  it  to  be  replevied  or  receipted,  are  very 
rare,  and,  in  such  cases,  the  debtor  can,  generally,  without  injury  to  him- 
self, give  up  the  possession  of  the  building,  containing  the  machinery, 
to  the  officer.  There  is,  therefore  no  pressing  necessity  for  such  a  law. 
It  is  believed  that  the  passage  of  such  a  law  would  be  likely  to  lead  to 
fraudulent  practices,  to  protect  property  against  bona  fide  creditors,  and 
that  it  may  often  operate  to  the  injury  of  officers,  who  are  always  respon- 
sible for  property  attached  and  left  in  the  possession  of  the  debtor.  Dif- 
ficulties, too,  may  often  arise  in  determining  whether  the  machinery  is, 
or  is  not,  '  subject  to  injury  by  removal,'  with  such  certaintv  as  to  pre- 
vent litigation  ";  which  reasons  were  adopted  ;  and  it  was  Ordered  that 
the  Secretary  return  said  bill  to  the  House  with  the  reasons  aforesaid. 

Mr.  Hoyt,  on  motion,  obtained  leave  of  absence,  from  and  after  to- 
morrow.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — Mr.  Thompson,  to  whom  was  committed  the  reso- 
lution from  the  House,  instructing  the  commissioners  of  jail  delivery  in 
the  several  counties  in  this  state  to  make  certain  reports  to  the  Secre- 
tary of  State,  &c,  reported  the  same  with  the  following  amendment,  to 
wit,  "  Strike  out  all  after  the  word  '  herein '  in  the  second  line,  and 
insert  in  lieu  thereof  the  following,  to  wit,  '  That  the  several  sheriffs  in 
this  State  be,  and  they  are  hereby  instructed  to  report  to  the  Secretary 
of  State,  by  the  fifteenth  day  of  October  next,  the  number  of  persons 
committed  in  their  respective  counties  on  execution  in  civil  suits;  and 
that  the  commissioners  of  jail  delivery  in  the  several  counties,  by  the 
time  above  mentioned,  report  to  the  Secretary  of  State,  the  number 
of  persons,  who  may  have  been  admitted  to  the  oath  provided  by  law/or 
poor  debtors,  in  each  year  from  the  first  day  of  October  1826  to  the  first 
day  of  October  1829  ;  and  that  it  shall  be  the  duty  of  the  Secretary  of 
State  to  lay  such  reports  before  the  General  Assembly  at  the  next 
session  thereof";  which  amendment  was  adopted;  Whereupon,  Re- 
solved to  concur  in  passing  said  resolution  as  amended;  and  Ordered 
that  the  Secretary  notify  the  House  accordingly. 

22 


338  Governor  and  Council — October  1828. 

The  following  engrossed  bills  were  sent  up  by  the  House  to  the  Gov- 
ernor and  Council,  for  their  revision  and  concurrence  or  proposals  of 
amendment,  to  wit,  "  An  act  in  addition  to  an  act  entitled  '  an  act  as- 
certaining the  principles  on  which  the  list  of  this  state  shall  be  made, 
and  directing  listers  in  their  office  and  duty,'  "  which  was  read;  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Also  "  An  act  laying  a 
tax  on  the  lands  in  the  town  of  Roxbury,"  which  was  read;  Whereupon, 
Resolved  to  concur  in  passing  said  bill.  Also  "  An  act  laying  a  tax  on 
the  lands  in  the  the  town  of  Woodford,"  which  was  read;  Whereupon, 
Resolved  to  concur  in  passing  said  bill.  Also  "  An  act  repealing  an  act 
therein  mentioned,"  which  was  read;  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Ordered,  that  the  Secretary  notify  the  House  of  the 
passage  of  the  four  bills  last  mentioned. 

Received,  also,  for  revision  and  concurrence  or  proposals  of  amend- 
ment, the  following  engrossed  bill,  to  wit,  "  An  act  in  addition  to  an  act 
entitled  '  an  act  constituting  the  Supreme  Court  of  judicature  and 
County  Courts,  defining  their  powers  and  regulating  judicial  proceed- 
ings,' "  which  was  read,  and  Ordered  to  lie  on  the  table.  Adjourned  to  9 
o'clock  tomorrow  morning.* 


Thursday  October  30, 1828.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence  in  the  reference,  the*  following  resolu- 
tions, to  wit,  ''Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  senators  from  this  state,  in  the  Congress  of  the  United  States, 
be  instructed,  and  the  representatives  requested,  to  use  their  influence 
to  cause  an  act  to  be  passed  by  Congress  granting  pensions  to  all  com- 
missioned officers,  non-commissioned  officers,  musicians  and  private 
soldiers,  and  all  officers  in  the  hospital  department  and  medical  staff, 
who  served  in  the  war  of  the  revolution,  on  the  continental  establish- 
ment; and  all  commissioned  officers,  non-commissioned  officers,  mariners 
or  marines,  who  served  in  the  naval  service  in  the  war  of  the  revolution, 
and  who  are  yet  resident  citizens  of  the  United  States,  in  proportion 
to  their  respective  services,  whether,  by  reason  of  their  reduced  circum- 
stances in  life,  they  are,  or  shall  be,  "in  need  of  assistance  from  their 
country,  or  not,  and  whether  they  served  a  greater  or  less  time  than 
nine  months,  at  any  period  of  the  war  "  ;  "  Resolved,  that  the  Secretary 
of  State  be  requested  to  transmit  a  copy  of  the  foregoing  resolution  to 
each  of  the  senators  and  representatives  from  this  State,  in  the  Congress 
of  the  United  States,"  with  an  order  of  reference  thereon  to  a  committee 
of  two  to  join  from  Council ;  Whereupon,  Resolved  to  concur  in  said 
order  of  reference,  and  the  Lieut.  Governor  was  appointed  from  Council. 

The  House  sent  up  the  following  engrossed  bills  for  revision  and  con- 
currence or  proposals  of  amendment,  to  wit,  "An  act  discontinuing  a 
part  of  a  road  therein  mentioned,"  which  was  read;  Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Also  "An  act  to  revive,  alter  and  amend 
an  act  assessing  a  tax  of  four  cents  on  each  acre  of  land  in  the  town  of 


'The  following  elections  were  made  in  Joint  Assembly  this  day: 
Richard  Skinner,  Chief  Justice  of  the  Supreme  Court,  who  had  declined 
serving,  but  accepted  this  election;  Ephraim  Paddock,  Assistant  Judge 
of  the  Supreme  Court,  a  judge  having  been  added  by  statute:  and  Ben- 
jamin Swan,  Job  Lyman,  and  John  Jackson  Directors  of  the  Vermout 
State  Bank. 


Governor  and  Council — October  1828.  339 

Morgan,  passed  Oct.  26, 1827,"  which  was  read  ;  Whereupon,  Resolved  to 
concur  in  passing  said  bill.  Also,  "An  act  laying  a  tax  on  the  lands  in  the 
town  of  Kellyvale,"  which  was  read;  Whereupon  Resolved  to  concur  in 
passing  said  bill.  Also,  "An  act  laying  a  tax  on  the  lands  in  Irasburgh," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Also  "An  act  directing  the  overseers  of  the  poor  to  make  returns  of  the 
number  of  paupers  in  their  respective  towns,"  which  was  read  ;  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Also  "An  act  incorpo- 
rating the  American  hydraulic  Company,"  which  was  read  ;  Whereupon 
Resolved  to  concur  in  passing  said  bill.  Also  "An  act  for  the  relief  of 
the  Rutland  and  Stockbridge  turnpike  Company,"  which  was  read  ; 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Ordered  that  the 
Secretary  inform  the  House  of  the  concurrence  in  passing  the  seven  bills 
last  mentioned. 

Received,  also,  for  revision  and  concurrence  or  proposals  of  amend- 
ment, a  bill  entitled  "An  act  for  the  relief  of  the  Waltham  turnpike 
Company,"  which  was  read  and  Ordered  to  be  engrossed. 

The  engrossed  bill,  entitled  "An  act  in  addition  to  an  act,  constituting 
the  Supreme  Court  of  Judicature  and  County  Courts,  defining  their 
powers  and  regulating  judicial  proceedings,"  which  was  yesterday  laid 
on  the  table,  was  called  up  and  read  ;  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Ordered  that  the  Secretary  notify  the  House  accord- 
ingly.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Wetmore  introduced  the  following  resolution,  to  wit, 
"  In  Council  Oct.  30,  1828.  Resolved,  the  General  Assembly  concurring 
herein,  that  the  Clerks  of  the  several  County  Courts  in  this  State,  in 
their  respective  counties,  be,  and  they  hereby  are  directed  to  ascertain 
as  far  as  practicable,  from  the  records  of  such  courts,  and  from  all  other 
sources  where  information  may  be  obtained,  the  sum  or  sums  recovered 
against  bail,  or  paid  by  them  without  suit,  or  which  they  are  liable  to 
pay,  on  any  jail  bond  or  jail  bonds,  where  the  principal  or  principals 
therein,  left  the  limits  of  the  prison,  in  consequence  of  any  act  of  suspen- 
sion, passed  by  the  General  Assembly,  subsequent  to  the  year  1812  ; 
how  far  such  bail  may  have  obtained  satisfaction  or  security  from  such 
principal  or  principals,  or  are  likely  so  to  do,  and  report  the  same  to  the 
next  session  of  the  legislature,  on  or  before  the  15th  day  of  October 
next,"  which  was  read  and  passed. 

The  resolution  which  was  this  morning  referred  to  a  joint  Committee, 
instructing  the  senators  and  requesting  the  representatives  from  this 
State  in  the  Congress  of  the  United  States  to  use  their  influence  to  cause 
an  act  to  be  passed  by  Congress  granting  pensions  to  revolutionary  offi- 
cers &c.  was  sent  up  by  the  house  to  the  Governor  and  Council,  for  their 
concurrence  in  passing  ;  which  was  read  ;  Whereupon,  Resolved  to  con- 
cur in  passing  said  resolution,  and  Ordered  that  the  Secretary  notify  the 
House  accordingly. 

The  bill  entitled  "An  act  for  the  relief  of  the  Waltham  turnpike  Com- 
pany," which  was  sent  up  from  the  house  for  revision  and  concurrence 
or  proposals  of  amendment,  and  by  the  Governor  and  Council,  this 
morning,  ordered  to  be  engrossed,  was  read  ;  Whereupon,  Resolved  to 
concur  in  passing  said  bill. 

Received  from  the  House* the  following  engrossed  bills  for  revision  and 
concurrence  or  proposals  of  amendment,  to  wit,  "An  act  annexing  a 
part  of  the  town  of  Stirling  to  the  town  of  Cambridge,"  which  was  read; 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also  "An  act  for 
the  benefit  of  the  school  districts  in  Benson,"  which  was  read;  Where- 


340  Governor  and  Council — October  1828. 

upon,  Besolved  to  concur  in  passing  said  bill.  Also  "  An  act  directing 
the  times  in  which  a  road  passing  through  Ryegate  in  the  County  of 
Caledonia  shall  be  made,  and  repealing  an  act  therein  mentioned," 
which  was  read;  Whereupon,  Besolved,  to  concur  in  passing  said  bill. 
Also,  "An  act  incorporating  the  Bennington  Cotton  manufacturing 
company"  ;  which  was  read;  Whereupon,  Besolved  to  concur  in  passing 
said  bill.  Also,  "An  act  directing  the  treasurer  to  credit  the  first  con- 
stable of  the  town  of  Acton  the  .sum  therein  mentioned"  ;  which  was 
read;  Whereupon  Resolved  to  concur  in  passing  said  bill.  Also,  "An 
act  granting  a  further  time  for  making  a  road  in  the  towns  of  Guilford 
and  Vernon,"  which  was  read;  Whereupon  Besolved  to  concur  in  pass- 
ing said  bill.  Also,  "An  act  laying  a  tax  on  the  lands  in  Essex"; 
which  was  read;  Whereupon  Besolved  to  concur  in  passing  said  bill. 
Also,  "An  act  laying  a  tax  on  the  lands  in  Stowe,"  which  was  read; 
Whereupon,  Besolved  to  concur  in  passing  said  bill.  Also,  "An  act 
laying  a  tax  on  the  lands  in  Easthaven"  ;  which  was  read;  Whereupon, 
Resolved  to  concur  in  passing  said  bill.  Also,  "  An  act  laying  a  tax  on 
the  lands  in  the  town  of  Goshen"  ;  which  was  read;  Whereupon,  Be- 
solved to  concur  in  passing  said  bill.  Also  "An  act  authorizing  the 
town  of  Ryegate  to  hold  stock  in  the  Passumpsic  turnpike  company  "  ; 
which  was  read;  Whereupon  Besolved  to  concur  in  passing  said  bill. 
Also,  "An  act  annexing  part  of  the  town  of  Belvidere  to  the  town  of 
Eden"  ;  which  was  read;  whereupon,  Besolved  to  concur  in  passing  said 
bill.  Ordered  that  the  Secretary  inform  the  house  of  the  concurrence 
in  passing  the  thirteen  bills  last  mentioned. 

Received  also  from  the  house  for  revision  and  concurrence  or  propo- 
sals of  amendment,  the  following  engrossed  bills,  to  wit,  "An  act  in 
explanation  of  an  act  entitled  'an  act  ascertaining  the  principles  on 
which  the  list  of  this  state  shall  be  made,  and  directing  listers  in  their 
office  and  duty, '  passed  Nov.  17, 1825  "  which  was  read,  and  Ordered  to 
be  committed  to  Mr.  Thompson,  to  consider  and  report  thereon. 

Also  "An  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the 
town  of  Starksboro, "  which  was  read  ;  Whereupon,  Besolved  to  concur 
in  passing  said  bill.  Also,  "An  act  granting  to  the  town  of  Plymouth 
further  time  to  complete  a  road  in  said  town,"  which  was  read  ;  Where- 
upon Besolved  to  concur  in  passing  said  bill.  Also,  "An  act  for  the 
relief  of  Elizabeth  Haskell,"  which  was  read  ;  Whereupon  Besolved  to 
concur  in  passing  said  bill,  &  ordered  that  the  Sec'r  notify  the  House  of 
the  passage  of  the  3  last  bills. 

Mr  Thompson,  to  whom  was  committed  the  engrossed  bill,  entitled 
"An  act  in  explanation  of  an  act  entitled  'an  act  ascertaining  the  prin- 
ciples, on  which  the  list  of  this  state  shall  be  made,  and  directing  listers 
in  their  office  and  duty,'  passed  Nov.  17, 1825,"  reported  the  same  with 
the  following  amendment,  to  wit,  "insert  between  the  words  "been"  and 
"given"  in  the  sixth  line,  the  words  "or  may  be  hereafter"  and  strike 
out  all  after  the  word  "State"  in  the  first  line  on  the  second  page— which 
amendments  were  read  and  adopted.  Whereupon,  Besolved  to  concur 
in  passing  said  bill,  as  amended,  and  Mr  Thompson  was  appointed  to 
assign  reasons  to  the  House. 

Received  from  the  House  for  revision  &  concurrence  or  proposals  of 
amendment  the  following  engrossed  bills,  to  wit,  "An  act  repealing  an 
act  therein  mentioned,"  which  was  read  ;  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill.  Ordered  that  the  "Secretary  notify  the  House 
accordingly. 

Also,  "An  act  incorporating  certain  persons  therein  mentioned,  by 
the  name  of  the  Windsor  Manufacturing  Company,"  which  was  read  & 
Ordered  to  be  committed  to  Mr  Pierpoint  to  consider  and  report  thereon# 


Governor  and  Council — October  1828.  341 

Also,  "An  act  establishing  the  salary  of  the  commissioner  of  the  school 
fund,"  which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said 
bill.  Also  "An  act  to  repeal  an  act  entitled  'an  act  to  preserve  fish  in 
the  waters  of  Starksboro' "  which  was  read  ;  Whereupon,  Besolved  to 
concur  in  passing  said  bill.  Also  "An  act  incorporating  the  Bridgewater 
village  manufacturing  Company,"  which  was  read  ;  Whereupon  Resolved 
to  concur  in  passing  said  bill.  Also,  "An  act  authorizing  the  Stewards 
of  Churches  to  hold  lands  for  certain  purposes,"  which  was  read  ;  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Ordered  that  the  Secre- 
tary inform  the  House  of  the  concurrence  in  passing  said  four  last  men- 
tioned bills. 

Mr  Pierpoint,  to  whom  was  committed  the  engrossed  bill,  entitled 
"An  act  incorporating  certain  persons  therein  mentioned  by  the  name 
of  the  Windsor  Manufacturing  Company,"  reported  the  same,  with  the 
following  amendments,  to  wit,  Add  to  the  first  section  the  following 
clause,  to  wit,  "for  the  sole  purpose  of  manufacturing  cotton  &  woolen 
yarn  and  cloth  in  its  various  branches,  and  all  necessary  machinery  for 
carrying  on  said  business,"  and  insert  between  the  words  "the"  and 
"said"  in  the  second  line  of  the  third  section,  the  words  "stock  of"; 
which  amendments  were  adopted.  Whereupon,  Resolved  to  concur  in 
passing  said  bill  as  amended,  and  Mr  Pierpoint  was  appointed  to  assign 
reasons  to  the  House.    Adjourned  to  7  o'clock  this  evening. 

7  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  the  following  resolution,  to  wit,  "  Re- 
solved by  the  General  Assembly  of  the  State  of  Vermont,  that  our  sena- 
tors and  representatives  in  Congress  be  requested  to  use  their  influence 
with  the  Secretary  of  War  to  cause  a  further  survey  to  be  made  for  the 
several  canal  routes,  from  Onion  river  to  Connecticut  river,  embracing 
the  routes  through  the  vallies  of  Waii's  river  and  Wells  river  "  ;  which 
was  read;  Whereupon,  Resolved  to  concur  in  passing  said  resolution, 
and  Ordered  that  the  Secretary  notify  the  House  accordingly.  Also  the 
following,  to  wit,  "Resolved,  the  Governor  and  Council  concurring 
herein,  that  both  houses  meet  in  joint  committee  at  seven  o'clock  to- 
morrow morning,  for  the  purpose  of  appointing  county  officers  "  ;  which 
was  read;  Whereupon,  Resolved  to  concur  in  passing  said  resolution, 
and  Ordered  that  the  Secretary  notify  the  House  accordingly. 

Mr.  Wetmore  on  motion  introduced  the  following  resolution,  to  wit, 
"  Council  chamber  Oct.  30, 1828.  Resolved,  the  General  Assembly  con- 
curring herein,  that  the  treasurer  of  this  State  be,  and  he  is  hereby, 
directed  to  deliver  up  to  James  H.  Langdon  Esqr-  of  Berlin,  a  certain 
bond,  executed  by  said  Langdon  and  others  to  the  Treasurer  of  this 
State,  Nov.  11,  A.  D.  1826,  in  which  bond  the  said  James  H.  Langdon 
and  others  obligated  themselves,  their  heirs  and  assigns,  that  so  long  as 
the  legislature  of  this  state  continues  to  hold  its  sessions  in  Montpelier 
they  will  make  the  ordinary  repairs  on  the  building  now  occupied  for  a 
State  house  "  ;  which  was  read  and  passed. 

Received  from  the  House  the  following  engrossed  bills  for  revision 
and  concurrence  or  proposals  of  amendment,  to  wit,  "  An  act  in  addi- 
tion to  an  act  entitled  '  an  act  to  provide  for  the  support  of  common 
schools'";  which  was  read;  Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Also,  "An  act  granting  relief  and  further  time  for  making  a 
road  in  the  town  of  Brookline"  ;  which  was  read;  Whereupon,  Resolved 
to  concur  in  passing  said  bill,  and  Ordered  that  the  Secretary  notify  the 
House  of  the  concurrence  in  passing  the  two  last  mentioned  bills. 

A  message  was  received  from  the  House  of  representatives  by  Mr. 
Bailey,  one  of  its  members,  informing  that  the  House  had  resolved  not 


342  Governor  and  Council — October  1828. 

to  concur  in  the  amendment  proposed  by  the  Governor  and  Council  to 
the  bill  entitled  "  An  act  in  explanation  of  an  act  entitled  an  act  ascer- 
taining the  principles  on  which  the  list  of  this  state  shall  be  made,  and 
directing  listers  in  their  office  and  duty,  passed  Nov.  17,  1825,"  and 
after  assigniug  reasons,  Mr.  Bailey  withdrew. 

Received  a  written  messr.ge  from  the  Speaker  of  the  House  of  repre- 
sentatives, informing  that  the  House  had  concurred  in  the  resolution  of 
the  Governor  and  Council,  directing  the  treasurer  of  this  State  to  deliver 
to  James  H.  Langdon,  a  certain  bond  signed  by  the  said  Langdon  and 
others  to  the  sd-  treasurer.     Which  was  read. 

Received,  also,  a  written  message  from  the  Speaker  of  the  House  of 
representatives,  informing  that  the  House  had  concurred  in  the  amend- 
ments proposed  by  the  Governor  and  Council  to  the  resolution  directing 
jail  Commissioners  to  make  certain  returns,  and  also  in  the  passage  of  a 
resolution  directing  Clerks  of  County  Courts  to  make  certain  returns, 
which  was  read. 

An  engrossed  bill  entitled  ''An  act  in  addition  to  the  several  acts  for 
laying  out,  making  and  repairing  highways,"  was  received  from  the 
House,  for  revision  and  concurrence  or  proposals  of  amendment ;  when, 
on  motion,  said  bill  was  amended  by  adding,  to  the  end  of  the  first  sec- 
tion, the  following,  to  wit,  "which  committee  shall  be  sworn  to  the 
faithful  discharge  of  the  trust  reposed  in  them"  ;  &  by  striking  out  of 
the  second  section  the  words  "and  the  fees  of  the  committee  and  of  the 
commissioners  shall  be  one  dollar  and  fifty  cents  per  day,  while  they  are 
engaged  in  said  business,"  &  by  inserting  before  the  word  ''expenses" 
at  the  end  of  the  second  section  the  words,  "  their  personal,"  and  by 
adding,  to  the  end  of  the  sixth  section  the  following,  to  wit,  "Provided 
such  appeal  be  applied  for  within  ninety  days  after  the  passing  of  this 
act."  Whereupon,  Besolved  to  concur  in  passing  this  bill  as  amended, 
and  Mr.  Thompson  was  appointed  to  assign  reasons  to  the  House. 

The  engrossed  bill,  entitled  "An  act  in  explanation  of  an  act  entitled 
1  an  act  ascertaining  the  principles,  on  which  the  list  of  this  state  shall 
be  made,  and  directing  listers  in  their  office  and  duty,'  passed  Nov.  17, 
1825,"  which  was,  this  evening,  returned  by  the  House  of  representatives 
to  the  Governor  and  Council,  with  a  message  that  the  House  had 
resolved  not  to  concur  in  the  amendment  proposed  by  the  Governor  and 
Council  to  said  bill,  was  taken  up  ;  Whereupon  Besolved  to  suspend  the 
passage  of  said  bill  untill  the  next  session  of  the  legislature,  of  which 
resolution  the  House  of  Representatives  were  informed  by  written 
message. 

Received  for  revision  and  concurrence  or  proposals  of  amendment,  an 
engrossed  bill,  entitled  "An  act  altering  the  name  of  Edwin  M.  Reynolds 
to  that  of  Edwin  Clark,"  which  was  read  ;  Whereupon,  Resolved  not  to 
concur  in  passing  said  bill,  and  Mr.  Pierpoint  was  appointed  to  assign 
reasons,  who  reported  the  following,  to  wit,  ''The  Governor  and  Council 
consider  that  the  constitutional  powers  of  the  General  Assembly  do  not 
authorize  the  passage  of  a  law,  making  one  individual  heir  at  law  to 
another,"  which  was  adopted,  and  it  was  Ordered  that  the  Secretary 
return  said  bill  to  the  House  with  the  reason  aforesaid. 

Received  also  the  following  engrossed  bill,  for  revision  and  concurrence 
or  proposals  of  amendment,  to  wit,  "An  act  in  addition  to,  and  in  amend- 
ment of,  the  several  acts  for  the  purpose  of  founding  the  University  of 
Vermont,"  which  was  read  and  amended  by  adding  thereto  the  following 
to  wit,  "Provided,  also,  that  this  act  may  be  repealed  by  any  future  leg- 
islature." Whereupon,  Besolved  to  concur  in  passing  said  bill,  as 
amended,  and  Mr.  Pierpoint  was  appointed  to  assign  reasons  to  the 
House. 


Governor  and  Council — October  1828.  343 

Also,  the  following,  to  wit  "An  act  directing  the  treasurer  to  pay 
Azariah  "VVebh,  the  sum  therein  mentioned,"  which  was  read  ;  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Also,  "An  act  providing 
for  the  publication  of  the  reports  of  the  Supreme  Court,"  which  was 
read  ;  Whereupon  Resolved  to  concur  in  passing  said  bill.  Also,  "An 
act  for  the  relief  of  the  town  of  Windham  in  the  County  of  Windham," 
which  was  read  ;  Whereupon  Resolved  to  concur  in  passing  said  bill. 
Also,  "An  act  in  addition  to  an  act  entitled  '  an  act  to  incorporate  the 
President,  Directors  and  Company  of  the  bank  of  Montpelier,'  passed 
Oct.  28,  1825,"  which  was  read  ;  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Also  "An  act  to  incorporate  certain  persons  therein 
named  by  the  name  of  the  Randolph  West  Village  fire  Company,"  which 
was  read  ;  Whereupon  resolved  to  concur  in  passing  said  bill.  Ordered 
that  the  Secretary  notify  the  House  of  the  concurrence  in  passing  the 
five  bills  last  mentioned. 

Received  a  written  message  from  the  Speaker  of  the  House  of  rep- 
resentatives, informing  that  the  House  had  concurred  in  the  amendment 
proposed  to  the  bill  entitled  "An  act  incorporating  certain  persons, 
therein  mentioned,  by  the  name  of  the  Windsor  Manufacturing  Com- 
pany ";  and  in  the  amendments,  proposed  by  the  Governor  and  Council, 
to  the  bill  entitled  "An  act  in  addition  to  the  several  acts  for  laying  out, 
making  and  repairing  highways  ";  which  was  read. 

The  following  gentlemen,  to  wit,  Reuben  Smith,  George  G.  Ingersoll 
and  Jacob  Collamer,  were  appointed  by  the  Governor  and  Council,  Com- 
missioners under  the  third  section  of  an  act,  entitled  "An  act  in  addition 
to  and  amendment  of  the  several  acts  for  the  purpose  of  founding  the 
University  of  Vermont."    Adjourned  to  7  o'clock  tomorrow  morning. 


Friday  October  31, 1828.  7  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  Received  a 
message  from  the  House  of  representatives  by  Mr.  Hawley,  one  of  its 
members,  informing  that  the  house  had,  on  its -part,  completed  the  busi- 
ness of  the  session  and  was  ready  to  adjourn  without  day.  The  Gover- 
nor and  Council  then  proceeded  to  the  representatives'  room,  where 
they  attended,  agreeably  to  a  joint  resolution  of  both  Houses,  to  the  fur- 
ther appointment  of  County  officers,  and  after  a  prayer  by  the  Chaplain, 
the  General  Assembly  was  adjourned  without  day.  The  Governor  and 
Council  then  returned  to  their  Chamber  &  adjourned  without  day. 

State  of  Vermont  ss.  The  foregoing  from  page  71  to  page  157, 
[of  Vol.  11  of  the  manuscript  Council  Journal]  inclusive,  is  a  true 
journal  of  the  proceedings  of  the  Governor  and  Council  at  their  annual 
session  in  the  year  1828.  George  B.  Shaw,  Secretary. 


344 


Governor  and  Council — October  1828. 


Debenture  op  the  Lieut.  Gov- 
ernor and  Council,  1828. 

No. 
Miles 
Travel. 

Am't 

of 

Travel. 

No. 

days 

Att'nce. 

Am't. 

of 
Att'nce. 

Debenture. 

Lyman  Fitch 

42 

5.04 

2 

3.00 

8.04 

Orsamus  C.  Merrill 

130 

15.60 

2 

3.00 

18.60 

Lieut.  Gov.  Olin 

70 

8.40 

23 

92.00 

100.40 

Mr.  Allen 

45 

5.40 

17 

25.50 

30.90 

<    Clark  of  B. 

100 

12.00 

23 

34.50 

46.50 

1    Clark  of  W. 

110 

13.20 

23 

34.50 

47.70 

'    Deming 

30 

3.60 

23 

34.50 

38.10 

'    Forbes 

60 

7.20 

22 

33.00 

40.20 

'    Harris 

32 

3.84 

23 

34.50 

38.34 

'    Hoyt 

55 

6.60 

22 

33.00 

39.60 

1    Langdon 

82 

9.84 

23 

34.50 

44.34 

1    Pierpoint 

70 

8.40 

23 

34.50 

42.90 

1    Thompson 

38 

4.56 

23 

34.50 

39.06 

'    Wetmore 

60 

7.20 

23 

34.50 

41.70 

'    Worthington 

1 

12 

23 

34.50 

34.62 

Sheriff  Keith 

1 

12 

23 

34.50 

34.62 

Deputy- 

10 

120 

23 

34.50 

35.70 

Librarian 

1 

12 

23 

34.50 

34.62 

$715.94 

The  above  was  received  of  the  Treasurer  by  the  Sheriff  of  Washing- 
ton County,  and  by  him  paid  out  to  the  members  of  the  Council  &c. 

Oct.  13, 1828. 
His  Excellency,  the  Governor,  was  pleased  to  make  the  following  ap- 
pointments to  wit,  Rodney  C.  Royce  Esqr-  &  Ira  H.  Allen  Esqr-  Aids  to 
the  Governor. 

Under  the  act  entitled  "An  act  providing  for  the  publication  of  the 
Reports  of  the  Supreme  Court,"  passed  Oct.  30,  1828— His  Excellency 
was  pleased  to  appoint  James  Davis,  Esq1*-  to  prepare  and  procure  to  be 
printed  &c.  said  reports. 


FIFTY- THIRD  COUNCIL, 


OCTOBER  1829  TO  OCTOBER  1830. 


Samuel  C.  Crafts,  Craftsbury,  Governor. 
Henry  Olin,  Leicester,  Lieut.  Governor. 


Councillors: 


Chauncey  Langdon,  Castleton, 
Kobert  Pierpoint,  Rutland, 
John  C.  Thompson,  Burlington, 
Geo.  Worthington,  Montpelier, 
Benjamin  F.  Deming,  Danville, 
Jedediah  H.  Harris,  Strafford, 


Myron  Clark,  Manchester, 
Ezra  Hoyt,  New  Haven, 
Ira  H.  Allen,  Irasburgh, 
Samuel  Clark,  Brattleborough. 
Job  Lyman,  Woodstock, 
James  Davis,  St.  Albans. 


George  B.  Shaw,  Danville,  Secretary. 
Rawsel  R.  Keith,  Montpelier,  Sheriff. 
Calvin  J.  Keith,  Montpelier,  Librarian. 


BIOGRAPHICAL  NOTICES. 

Job  Lyman  was  an  attorney  at  Woodstock  in  1811,  and  continued  in 
practice  there  until  1851.  He  was  Auditor  of  Accounts  against  the  State 
1813  until  1815,  and  Councillor  in  1829.  He  was  also  for  several  years 
Auditor  in  the  Treasury  Department— Walton1  s  Vermont  Begister;  and 
Vermont  Legislative  Directory  for  1876-7. 

James  Davis  was  born  at  North  Kingston,  R.  I.,  Aug.  8  1783,  gradu- 
ated at  Union  College,  N.  Y.,  in  1809,  and  in  Nov.  1810  he  became  a 
citizen  of  St.  Albans,  where  he  was  admitted  to  the  bar  in  1812,  and  for 
fifty  years  his  name  appeared  in  the  list  of  attorneys  in  Walton's  Begis- 
ter. Residing  for  a  time  at  North  Hero,  Fairfield,  and  Swanton,  Judge 
Davis  returned  to  St.  Albans  in  1819,  and  there  resided  for  the  remain- 
der of  his  life.  He  was  a  member  of  the  Constitutional  Convention  of 
1828 ;  Councillor  1829  and  '30 ;  Judge  of  Franklin  County  Court  1843 
and  '44  ;  and  Judge  of  Probate  six  years,  1845  till  1848, 1849, 1853,  and 
1855.  —  Walton's  Vermont  Begister  ;  and  Vermont  Historical  Magazine^ 
Vol.  ii,  pp.  321,  322. 


346  Governor  and  Council — October  1829. 

RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   WITH  THE   GENERAL  ASSEMBLY  AT  MONTPE- 
LIER,  OCTOBER  1829. 


A  journal  of  the  proceedings  of  the  Governor  and  Council  of  the  State 
of  Vermont,  at  their  session,  begun  and  holder  at  Montpelier,  on  the 
second  Thursday  (being  the  eighth  day)  of  October,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  twenty  nine,  and  of  the  Indepen- 
dence of  the  United  States,  the  fifty  fourth.  Present,— His  Excellency 
Samuel  C.  Crafts,  Governor,  His  Honor  Henry  Olin,  Lieut.  Governor, 
The  Hon.  Ira  H.  Allen,  Myron  Clark,  Samuel  Clark,  Benja-  F.  Deming, 
Jedh-  H.  Harris,  Ezra  Hoyt,  Chauncey  Laugdon,  John  C.  Thompson, 
Geo.  Worthington  &  Robert  Pierpoiut,  Councillors. 

A  message  was  received  from  the  House  of  Representatives  by  Mr. 
Smith  of  Barre,  one  of  its  members,  informing  that  the  House  had  or- 
ganized, by  electing  D.  Azro  A.  Buck,  Speaker,  pro  tempore,  and  Timo- 
thy Merrill,  Clerk,  pro  tempore,  and  were  ready  to  receive  any  commu- 
nication, which  the  Governor  and  Council  might  make.  Ordered,  That 
the  Secretary  inform  the  House  of  Representatives,  that  the  Governor 
and  a  quorum  of  the  Council  are  assembled  in  the  Council  Chamber,  and 
are  ready  to  proceed  to  business. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Leland,  one  of  its  members,  informing  that  the  House  had,  on  their  part, 
appointed  a  Committee  to  receive,  sort  &  count  the  votes  for  Governor, 
Lieut.  Governor,  Treasurer  &  Councillors,  &  requesting  the  Governor 
and  Council  to  join  in  said  appointment  ; — Whereupon,  Resolved  to  con- 
cur in  said  appointment,  and  His  Honor,  the  Lieut.  Governor,  Mr. 
Clark  of  Windham  County  and  Mr.  Deming  were  appointed  on  the  part 
of  the  Governor  &  Council,  and  duly  sworn,  by  the  Hon.  Mr.  Langdon, 
to  the  faithful  discharge  of  their  duty  ;  and  it  was  Ordered  That  the  Sec- 
retary inform  the  House  of  Representatives  of  such  concurrence  and 
appointment.     Adjourned  to  4  o'clock  P.  M.1 

4  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. A  message  was  received  from  the  House  of  Representa- 
tives by  Mr.  Bailey,  one  of  its  members,  informing  that  the  House  was 
ready  to  receive  the  report  of  the  canvassing  committee,  &  requesting 
the  attendance  of  the  Gov.  &  Council;  Whereupon  it  was  Ordered,  That 
the  Secretary  inform  the  House  that  the  Governor  &  Council  will  im- 
mediately attend  in  the  Representatives'  room  to  receive  the  report  of 
the  Canvassing  Committee.  The  Governor  and  Council  attended  in 
the  Representatives'  room,  when  the  following  report  was  made,  to  wit. 

"To  the  Hon.  General  Assembly  now  sitting:  The  Committee  ap- 
pointed to  receive,  sort  and  count  the  votes  for  Governor,  Lieut.  Gov- 
ernor, Treasurer  &  Councillors,  Report,  That  His  Excellency,  Samuel 
C.  Crafts  is  elected  Governor;  The  Hon.  Henry  Olin  is  elected  Lieut. 
Governor;  Benjamin  Swan  Esq.  is  elected  Treasurer.  The  Hon.  Myron 
Clark,  Samuel  Clark,  ChaunceyLangdon,  Robert  Pierpoiut,  Ezra  Hoyt, 
Jedediah  H.  Harris,  John  C.  Thompson,  Benjamin  F.  Deming,  George 

1  The  election  sermon  was  preached  by  Rev.  Charles  Walker. 


Governor  and  Council — October  1829.  347 

Worthington,  Job  Lyman,  James  Davis  and  Ira  H.  Allen  are  elected 

Councillors  for  the  year  ensuing. 

John  Smith,  Secretary. 
Montpelier,  Oct.  8, 1829.  Henry  Olin,  Chairman.1'' 

Which  report  being  read,  the  Sheriff  of  Washington  County  made 

proclamation  of  said  elections,  and  the  Governor  &  Council  returned  to 

their  chamber.     Adjourned  to  9  o'clock  to  morrow  morning.1 


Friday  Oct.  9, 1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  His 
Honor  the  Lieut.  Governor,  and  Messrs  Allen,  Clark  of  Windham 
County,  Clark  of  Bennington  County,  Deriiing,  Harris,  Hoyt,  Langdon, 
Pierpoint,  Thompson  and  Worthington  took  and  subscribed  the  oath  of 
office  before  the  Hon.  Sam1-  Prentiss  one  of  the  Justices  of  the  Supreme 
Court;  of  which  the  Secretary  was  Ordered  to  inform  the  House  of  Rep- 
resentatives. 

The  following  petitions  of  convicts  in  the  State  prison,  to  wit,  The 
petitions  of  John  Anderson,  Charles  Ball,  John  Bean,  C.  Baker,  Peter 
Bolio,  Manly  A.  Beach,  Joel  Crouch,  Baptiste  Crumas,  James  Converse, 
George  Drew,  Thomas  Dean,  William  Fitz  Patrick,  P.  Fitz  Patrick, 
John  Gould,  Eliot  C.  Hills,  Joseph  Hogg,  Thomas  Hughes,  John  Irvine, 
John  Gee,  John  Jackson,  James  Halligan,  William  Loucks,  Simon  Mor- 
ris, John  Plumley,  George  Stevens,  Jesse  Shippen,  Cyrus  Scales,  Philip 
Shepard,  Daniel  Sartwell,  William  Utter  and  Thomas  Williams,  were 
severally  taken  up,  and  on  motion  were  severally  Ordered  to  be  dis- 
missed. The  petition  of  Jacob  Johnson,  a  convict  in  the  State  prison, 
was  taken  up,  and  the  question  being  put,  "Shall  the  said  Jacob  John- 
son be  discharged  from  the  State  prison?"  it  was  determined  in  the 
affirmative.  Yeas  10.  Nays  0.  Those  who  voted  in  the  affirmative 
were  Messrs  Allen,  Clark  of  Bennington  County,  Clark  of  Windham 
County,  Deming,  Harris,  Hoyt,  Langdon,  Pierpoint,  Thompson,  and 
Worthington. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Starkweather,  one  of  its  members,  informing  that  the  House  had  organ- 
ized by  electing  D.  Azro  A.  Buck,  Speaker,  Norman  Williams,  Secre- 
tary of  State,  Timothy  Merrill,  Clerk,  and  Oramel  H.  Smith,  Engrossing 
Clerk.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  for  concurrence  in  passing,  a  resolution 
providing  for  the  meeting  of  both  Houses  in  Joint  Committee,  at  2 
o'clock,  this  afternoon,  for  the  purpose  of  electing  a  Chaplain  of  the 
General  Assembly  for  the  year  ensuing.  Whereupon,  Resolved  to  con- 
cur in  passing  said  resolution,  and  Ordered,  that  the  Secretary  notify 
the  Houte  accordingly.    The  Governor  &  Council  attended  in  the  Rep- 

1  The  votes  for  Governor  were,  for  Samuel  C.  Crafts,  14,325,  Heman 
Allen,  of  Highgate,  then  of  Burlington,  7,346,  Joel  Doolittle,  3,973 
scattering  50.  The  anti-masons  for  the  first  time  placed  a  ticket  in  the 
field,  voting  for  Mr.  Allen,  though  he  declined  to  identify  himself  with 
that  party. — See  letter  of  Mr.  Allen  in  the  Vt.  Watchman  and  State 
Gazette  of  Aug.  10, 1830. 


348  Governor  and  Council — October  1829. 

resentatives'  room,  for  the  election  of  a  Chaplain  of  the  General  Assem- 
bly for  the  year  ensuing,  after  which  they  returned  to  their  Chamber.1 

The  Governor  and  Council  attended  in  the  Kepresentatives'  room 
where  his  Excellency,  the  Governor,  took  the  oaths  of  office  and  made 
the  following  Speech.' 

The  governor  and  Council  then  returned  to  their  Chamber. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Saturday  Oct.  10, 1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  Hon. 
Job  Lyman  from  Windsor  County  appeared  in  the  Council  Chamber, 
was  duly  qualified  and  took  his  seat  as  a  member  of  the  Council. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  The  petition  of  Benjamin  Shattuck  &  others,  with  an  order  of  refer- 
ence thereon  to  the  Committee  on  Education  ;  The  petition  of  the  Di- 
rectors of  the  Sherburne  Turnpike  Company,  with  an  order  of  reference 
thereon  to  the  Committee  on  roads  &  canals  ;  The  petition  of  Ebenezer 
Matthews,  with  an  order  of  reference  thereon  to  the  Committee  of 
claims  ;  and  The  petition  of  John  A.  Pratt  &  others,  The  petition  of 
Elisha  Fellows,  The  petition  of  John  Doyle  &  "  An  act,  directing  the 
Treasurer  of  this  State  to  credit  the  town  of  Belvidere  the  amount  of 
the  State  tax,  assessed  on  said  town  upon  the  list  of  1828,"  with  orders 
of  reference  thereon  respectively  to  the  Committee  of  Ways  and  Means; 
— Whereupon,  Resolved  to  concur  in  said  several  orders  of  reference. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  both  houses  meet  in  County  Conventions  on  Monday  next,  at  4 
o'clock  in  the  afternoon,  for  the  purpose  of  making  nominations  of 
County  officers  ;  and  that  they  meet  in  joint  Committee  in  the  Repre- 
sentatives' room,  at  the  opening  of  the  House  on  Tuesday  morning  next, 
for  the  purpose  of  electing  such  officers  ;  which  was  read  ;  Whereupon, 
Resolved  to  concur  in  passing  said  resolution,  &  Ordered,  that  the  Secre- 
tary inform  the  House  accordingly. 

The  petition  of  Joel  H.  Harvey,  a  state-prison  convict,  was  taken  up, 
and  the  question  being  put,  "  Shall  the  said  Joel  H.  Harvey  be  dis- 
charged from  the  State  prison  ?"  it  was  determined  in  the  affirmative, 
Yeas  10,  Nay  1.  Those  who  voted  in  the  affirmative  were  the  Lieut. 
Governor,  Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County,  Deming,  Harris,  Hoyt,  Langdon,  Pierpoint  &  Worthing- 
ton.    He  who  voted  in  the  negative  was  Mr.  Thompson. 

His  Excellency,  the  Governor,  was  pleased  to  appoint  Geo.  B.  Shaw, 
Secretary  of  the  Governor  and  Council  for  the  year  ensuing,  and  he  was 
duly  sworn  by  the  Hon.  Mr.  Pierpoint,  to  the  faithful  discharge  of  the 
duties  of  said  office,  and  the  House  of  Representatives  was  informed 
by  written  message.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Thompson,  on  motion  and  leave,  introduced  the  follow- 
ing resolution,  to  wit  '*  Resolved,  that  the  Secretary  be  directed  to  pro- 
cure for  the  Governor,  Lieut.  Governor,  &  each  member  of  the  Council, 
two  of  the  newspapers,  printed  at  Montpelier,  each  week  duriug  the 
present  session  of  the  Legislature,"  which  was  read  and  passed.  Ad- 
journed to  9  o'clock  Monday  morning. 

1  Rev.  Charles  Walker  was  elected. 
*  For  speech  see  Appendix  A. 


Governor  and  Council — October  1829.  349 

Monday  Oct.  12, 1829.    9  o'clock  A  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  Horn- 
James  Davis,  from  Franklin  County,  appeared  in  the  Council  Chamber, 
was  duly  qualified  and  took  his  seat  as  a  member  of  the  Council. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  The  petition  of  Cyrus  Smith  ;  u  An  act  directing  the  Treasurer  to 
pay  Joseph  Rollings  the  sum  therein  mentioned";  The  petition  of  Na- 
than White  ;  The  petition  of  John  Chaffee  ;  The  petition  of  Jacob  Kent 
&  The  petition  of  Samuel  B.  Booth  ;  with  an  order  of  reference  thereon 
to  the  Committee  of  claims  ;  The  petition  of  Joseph  A.  Gallup  &  others, 
with  an  order  of  reference  thereon  to  the  Committee  on  Education;  "An 
act  making  provisions  for  settling  the  concerns  of  the  Vermont  State 
Bank,  and  to  repeal  an  act  therein  mentioned,"  &  the  petition  of  Albe 
Davison,  with  an  order  of  reference  on  each  to  the  Committee  of  ways 
and  means  ;  The  petition  of  Nathan  Young  &  others  ;  The  petition  of 
James  Petrie  &  others  ;  The  petition  of  Luther  F.  Gates  &  others  ;  and 
The  petition  of  John  Warner  and  others,  with  an  order  of  reference  on 
each  to  the  Committee  on  Military  affairs  ;  "An  act  for  the  preservation 
of  public  bridges";  The  petition  of  the  Inhabitants  of  the  town  of 
Shrewsbury  ;  "An  act  to  repeal  an  act  therein  mentioned";  The  peti- 
tion of  Elias  Lyman  &  others,  and  The  petition  of  the  town  of  Weathers- 
field  ;  with  an  order  of  reference  on  each  to  the  Committee  on  roads  and 
canals  ;  "  An  act  laying  a  tax  of  cents  on  each  acre  of  land  in  the 

town  of  Wenlock";  "  An  act  laying  a  tax  on  the  lands  in  Goshen  Gore, 
in  the  County  of  Caledonia  ";  "An  act  laying  a  tax  of  four  cents  on  each 
acre  of  land  in  the  town  of  Canaan  ";  The  petition  of  the  Select-men  of 
Eden;  The  petition  [of]  Marshfield;  The  petition  of  Abel  Alton  &  others; 
The  petition  of  Joshua  Wade  &  others  ;  The  petition  of  Jairus  Stebbins 
&  others,  &  The  petition  of  the  Select-men  of  Newbury,  with  an  order  of 
reference  on  each  to  the  Land-Tax  Committee  ;  "An  act  relating  to  the 
sale  of  personal  property  attached  on  mesne  process  ";  The  petition  of 
the  town  of  Ripton  ;  "An  act  for  the  benefit  of  poor  debtors  ";  "An  act 
in  addition  to  an  act  entitled  '  An  act  directing  the  proceedings  against 
Trustees  of  absent  or  concealed  debtors  ";  "An  act  regulating  shows  and 
other  exhibitions";  The  petition  of  Jabez  Delano  ;  &  The  petition  of 
Africa  &  John  Davis  ;  with  an  order  of  reference  on  each  to  the  Judi- 
ciary Committee  ;  Whereupon,  Resolved  to  concur  in  said  several  orders 
of  reference. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  instructed  to  inquire  into  the  expedi- 
ency of  repealing  the  act,  passed  Oct.  29, 1828,  increasing  the  number  of 
Judges  of  the  Supreme  Court  to  five  ; — Also  the  expediency  of  increas- 
ing the  salaries  of  the  judges  of  that  Court";  which  was  read, — Where- 
upon, Resolved  to  concur  in  passing  said  resolution. 

The  petition  of  John  Canada,  a  convict  in  the  State  prison,  was  taken 
up,  and  on  the  question  "  Shall  the  said  John  Canada  be  discharged  from 
the  State  prison,  on  condition  of  leaving  the  State  within  twenty  days  ?" 
it  was  determined  in  the  affirmative  : — Yeas  13,  Nays  0.  Those,  who 
voted  in  the  affirmative,  were,  The  Lieut.  Governor,  Messrs.  Allen, 
Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis,  Deming, 
Harris,  Hoyt,  Langdon,  Lyman,  Pierpoint,  Thompson,  &  Worthington. 
The  petition  of  Reuben  T.  Hathaway,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question  "  Shall  the  said  Reuben  T.  Hathaway  be  dis- 
charged from  the  State  prison  ?"  was  determined  in  the  affirmative — 
Yeas  13,  Nays  0.  Those  who  voted  in  the  affirmative  were,  The  Lieut. 
Governor,  Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Wind- 


350  Governor  and  Council — October  1829. 

ham  County,  Davis,  Deraing,  Harris,  Hoyt,  Langdon,  Lyman,  Pierpoint, 
Thompson  &  Worthington.    -Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment, &  Adjourned  to  9  o'clock  to-morrow  morning. 


Tuesday  Oct.  13, 1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence  in  passing,  the  following  resolutions  of 
that  body,  of  yesterday,  to  wit,  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  both  houses  meet  in  the  Representatives'  room, 
to-morrow  morning,  at  nine  o'clock,  for  the  purpose  of  electing  a  Briga- 
dier General  in  the  second  brigade  and  first  division  of  the  Militia  of 
Vermont."  "Resolved,  the  Governor  and  Council  concurring  herein, 
that  both  Houses  meet  in  joint  Committee,  tomorrow  morning,  at  ten 
o'clock,  for  the  purpose  of  electing  a  Brigadier  General  in  the  first  Bri- 
gade and  first  division,"  which  were  severally  read,  Whereupon,  Besolved 
to  concur  in  passing  said  resolutions,  and  Ordered  that  the  Secretary 
inform  the  House  accordingly. 

Received  from  the  House  the  following  list  of  joint  committees,  to 
wit,  A  committee  of  four,  denominated  the  Committee  of  Ways  & 
Means.  A  committee  of  four,  denominated  the  Committee  on  Military 
affairs.  A  committee  of  four,  denominated  the  Judiciary  Committee. 
A  committee  of  four,  denominated  the  Committee  of  Claims.  A  com- 
mittee of  four,  denominated  the  Committee  on  roads  &  Canals.  A  com- 
mittee of  four,  denominated  the  Committee  of  Insolvency.  A  commit- 
tee of  four,  denominated  the  Committee  of  Manufactures.  A  committee 
of  four,  denominated  the  Committee  of  Agriculture.  A  committee  of 
four,  denominated  the  Land  Tax  Committee.  A  committee  of  thirteen,  de- 
nominated the  Committee  on  Education,  &  A  committee  of  four  denom- 
nated  the  General  Committee,  in  which  the  House  requested  the  Gov- 
ernor and  Council  to  join,  by  the  appointment  on  their  part,  of  members 
of  said  Committees,  Whereupon,  Resolved  to  concur  in  the  appointment 
of  said  several  Committees,  and  the  following  gentlemen  were  appointed 
from  Council,  to  wit,  Mr.  Davis  was  appointed  on  the  Committee  of 
Ways  &  Means,  Mr.  Clark  of  Bennington  C°-  on  the  Committee  on  Mili- 
tary affairs,  Mr.  Thompson  on  the  Judiciary  Committee,  Mr.  Ljrnian  on 
the  Committee  of  Claims,  Mr.  Langdon  on  the  Committee  on  roads  and 
canals,  Mr.  Harris  on  the  Committee  of  Insolvency,  Mr.  Clark  of  Wind- 
ham County  on  the  Committee  of  Manufactures,  Mr.  Hoyt  on  the  Com- 
mittee of  Agriculture,  Mr.  Allen  on  the  Land-Tax  Committee,  Mr. 
Pierpoint  on  the  Committee  on  Education,  and  Mr.  Worthington  on  the 
General  Committee. 

The  Governor  and  Council  attended  in  the  Representatives'  room,  for 
the  purpose  of  electing  a  brigadier  General  of  the  second  Brigade  of  the 
first  division,  a  brigadier  General  of  the  first  Brigade  of  the  first  division, 
and  for  the  appointment  of  County  officers.  After  which  they  returned 
to  their  Chamber.1    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.  —  The  Governor  and  Council  met  agreeably  to  ad- 
journ ment.  The  House  sent  up,  for  concurrence  in  the  reference,  the 
following,  to  wit,  ''An  act  establishing  an  academy  at  Manchester  in  the 
County  of  Bennington,"  and  The  petition  of  the  Trustees  of  Bradford 
Academy,  with  an  order  of  reference  on  each  to  the  Committee  on  Edu- 
cation ;  'An  act  in  alteration  of,  and  in  addition  to  an  act,  entitled  'An 

1  Daniel  Bowen  and  Denzel  D.  Rand  were  elected  Brigadier  Generals. 


Governor  and  Council — October  1829.  351 

act,  directing  the  mode  of  obtaining  licences  and  regulating  inns  and 
houses  of  public  entertainment,"  and  "The  report  of  the  Committee  ap- 
pointed to  examine  into  the  concerns  of  the  Vermont  State  prison," 
with  an  order  of  reference  on  each  to  the  Committee  of  Ways  &  Means  ; 
"An  act  in  alteration  and  amendment  of  an  act,  passed  Oct.  30, 1828, 
directing  the  times  in  which  a  road  through  Ryegate,  in  the  County  of 
Caledonia,  shall  be  made,  &  repealing  an  act  therein  mentioned."  uAn 
act  relating  to  the  Arch  bridge  across  White  river  in  Sharon,"  and  "An 
act  relating  to  the  bridge  across  White  river  in  Bethel,"  with  an  order 
of  reference  on  each  to  the  Committee  on  roads  and  canals  ;  The  petition 
of  the  town  of  Readsborough  ;  The  petition  of  Luther  Martin  and  oth- 
ers ;  and  The  petition  of  the  Select-men  of  Newbury,  with  an  order  of 
reference  on  each  to  the  Land  Tax  Committee  ;  The  petition  of  Aaron 
Willard  and  others,  with  an  order  of  reference  thereon  to  the  Commit- 
tee of  Manufactures  ;  "  An  act  in  addition  to  an  act,  entitled  'an  act  in 
addition  to  the  several  acts,  constituting  the  Supreme  Court,  and  regulat- 
ing judicial  proceedings,'  passed  Nov.  7,  1825,"  with  an  order  of  refer- 
ence thereon  to  the  Judiciary  Committee  ;  "Account  of  the  overseers  of 
the  poor  of  Middlebury,  against  the  State,"  disallowed  by  the  Auditor, 
and  referred  to  the  General  Assembly  ;  and  the  "  Account  of  Austin 
Birchard  against  the  State,"  disallowed  by  the  Auditor  and  referred  to 
the  General  Assembly  ;  with  an  order  of  reference  on  each  to  the  Com- 
mittee of  claims.  Whereupon,  Resolved  to  concur  in  said  several  or- 
ders of  reference. 

Received  from  the  House,  for  concurrence  in  passing,  the  following 
resolution,  to  wit,  "Resolved,  the  Governor  and  Council  concurring 
herein,  that  this  House  adjourn  its  session,  in  the  afternoon  on  Wednes- 
day next  at  four  o'clock,  for  affording  the  Vermont  Bible  Society  an 
opportunity  to  hold  its  annual  meeting  in  this  House";  which  was  read; 
Whereupon  Resolved  to  concur  in  passing  said  resolution  with  the 
following  proposals  of  amendment,  to  wit,  "Strike  out  the  words,  'this 
House,'  in  the  second  line,  and  insert  in  lieu  thereof,  the  words  'both 
Houses'  ;  Strike  out  the  words  'its  session';  Strike  out  also  the  word 
'four'  in  the  fifth  line,  and  insert  in  lieu  thereof,  the  words  'half  past 
two'" — And  Ordered  that  the  Secretary  notify  the  House  accordingly. 

Received,  also,  from  the  House,  for  concurrence  in  passing,  the 
following  resolutions,  to  wit,  "Resolved,  the  Governor  and  Council  con- 
curring herein,  that  so  much  of  his  Excellency's  speech,  as  relates  to 
licences  for  retailing  spirituous  liquors,  be  referred  to  the  Committee  of 
Ways  and  Means  : "  "Resolved,  the  Governor  and  Council  concurring 
herein,  that  so  much  of  his  Excellency's  speech  as  relates  to  treating 
Militia  Companies  with  spirituous  liquors,  be  referred  to  the  Committee 
on  Military  affairs  ; "  Which  were  read,  Whereupon,  Resolved  to  concur 
in  passing  said  resolutions.  Received,  also,  from  the  House,  for  concur- 
rence in  passing,  the  following  resolution  to  wit,  "Resolved,  the  Gov- 
ernor and  Council  concurring  herein,  that  so  much  of  his  Excellency's 
speech,  as  relates  to  Common  Schools,  be  referred  to  the  Committee  on 
Education  ;"  which  was  read,  Whereupon,  Resolved  to  concur  in  passing 
said  resolution. 

Received,  also,  from  the  House,  for  concurrence  in  passing,  the 
following  resolution,  to  wit,  "Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  two  Houses  meet  in  the  Representatives'  room, 
on  Wednesday  next,  at  ten  o'clock,  in  the  forenoon,  for  the  purpose  of 
electing  judges  of  the  Supreme  Court,"  which  was  read,  and  Ordered  to 
lie  on  the  table. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following, 
to  wit,  The  petition  of  Levi  Hall,  with  an  order  of  reference  thereon  to 


352  Governor  and  Council — October  1829. 

the  Committee  of  Ways  and  Means  ;  Whereupon,  Resolved  to  concur  in 
said  order  of  reference. 

Received  from  the  House,  for  concurrence  in  the  reference,  the  fol- 
lowing, to  wit,  The  petition  of  Nahum  Swallow  &  others,  praying  an 
investigation  of  the  circumstances  of  the  death  or  escape  of"  Joseph 
Burnham  from  the  State  prison,  with  an  order  of  reference  thereon  to  a 
committee  of  four  to  join  from  Council ;  Whereupon,  Resolved  to  concur 
in  said  order  of  reference,  and  Mr.  Pierpoint  was  appointed  from  Council. 

Mr.  Harris  moved  that  the  vote  of  the  ninth  instant,  dismissing  the 
petition  of  Thomas  Williams,  a  convict  in  the  State  prison,  be  reconsid- 
ered ;  and  the  question  being  taken  thereon,  it  was  determined  in  the 
negative.     Adjourned  to  9  o'clock  tomorrow  morning. 


Wednesday  Oct.  14,  1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up  the  following  for  concurrence  in  the  reference,  to  wit,  The  peti- 
tion of  Samuel  Collins  and  others,  with  an  order  of  reference  thereon  to 
the  Committee  on  Education  ;  The  petition  of  Joel  Houghton,  The  peti- 
tion of  Tappan  Stevens,  and  The  petition  of  Warren  Hayden,  with  an 
order  of  reference  on  each  to  the  Committee  of  claims  ;  The  petition  of 
the  Select-men  of  Newport,  with  an  order  of  reference  thereon  to  the 
Land  Tax  Committee  ;  The  State  prison  account  current  ;  The  report 
of  the  Superin*-  of  V4-  State  prison  ;  The  petition  of  John  Stearns  & 
others,  and  the  petition  of  George  M.  Dains,  with  an  order  of  reference 
on  each  to  the  Committee  of  Ways  &  Means  ;  The  petition  of  Alexan- 
der Fleming,  with  an  order  of  reference  thereon  to  the  Judiciary  Com- 
mittee ;  &  "An  act  to  incorporate  the  Burlington  High  School,"  with  an 
order  of  reference  thereon  to  the  Committee  on  Education  ;  Whereupon, 
Resolved,  to  concur  in  said  several  orders  of  reference.  Recd-  also,  for 
concurrence  in  the  reference,  the  following,  to  wit,  The  petition  of  Wm. 
W.  Hitchcock,  with  an  order  of  reference  thereon  to  the  Committee  to 
be  raised  on  the  petition  of  Abraham  Tourtelott  ;  &  the  petition  of 
Erastus  Clark,  with  an  order  of  reference  thereon  to  the  committee  last 
mentioned  ;  Whereupon,  Resolved  to  concur  in  said  several  orders  of 
reference. 

Received,  for  concurrence  in  passing,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Com- 
mittee on  Military  affairs  be  instructed  to  inquire  into  the  expediency 
of  so  altering  the  Militia  law,  as  to  exempt  all  persons  from  military 
duty,  under  twenty  one  and  over  thirty  five  years  of  age,  and  also  the 
expediency  of  dispensing  with  most  of  the  trainings  now  required  by 
law,  and  report  by  bill  or  otherwise";  which  was  read,  Whereupon, 
Resolved,  to  concur  in  passing  said  resolution.  Also,  the  following  res- 
olution, to  wit,  "  Resolved,  that  the  Judiciary  Committee  be  instructed 
to  inquire  into  the  expediency  of  so  altering  the  Probate  law,  that  wid- 
ows, in  certain  cases,  may  have  more  than  one  half  of  the  estate  of  their 
deceased  husbands";  which  was  read,  Whereupon,  Resolved  to  concur 
in  passing  said  resolution.  Also,  the  following  resolution,  to  wit,  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  inquire  into  the  expediency  of  so  altering  or 
constructing  an  act,  passed  Nov.  13, 1823,  as  to  produce  a  uniformity  of 
practice  of  the  listers  of  the  several  towns  in  this  state  in  assessing  under 
said  law,  and  report  by  bill  or  otherwise  ";  which  was  read,  Whereupon, 
Resolved  to  concur  in  passing  said  resolution. 

The  petition  of  Richard  Collier,  a  state  prison  convict,  was  taken  up, 
and  the  question  M  Shall  the  said  Richard  Collier  be  discharged  from  the 


Governor  and  Council — October  1829.  353 

State  prison  ?"  was  determined  in  the  affirmative.  Yeas  11,  Nnys  0. 
Those,  who  voted  in  the  affirmative,  were,  The  Lieut.  Governor,  Messrs. 
Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis, 
Harris,  lloyt,  Laugdon,  Lyman,  Thompson  &  Worth ington. 

The  resolution  from  the  House,  which  was  yesterday  laid  on  the  table, 
assigning  a  time  for  the  election  of  judges  of  the  Supreme  Court,  was 
taken  up  and  amended,  by  striking  out  the  words  '"  Wednesday  next," 
and  inserting,  in  lieu  thereof,  the  words  "  Tuesday  of  next  week," 
Whereupon,  Resolved  to  concur  in  passing  said  resolution,  as  amended, 
&  Ordered  that  the  Secretary  inform  the  House  accordingly.  Adjourned 
to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  petition  of  William  Randall,  to  be  restored  to  his  legal 
privileges,  was  called  up  &  Ordered  to  lie  on  the  table. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Dee,  one  of  its  members,  informing  that  the  House  had  refused  to  con- 
cur in  the  amendments  yesterday  proposed  to  the  resolution  for  the  ad- 
journment of  the  House  for  the  accommodation  of  the  Vermont  Bible 
Society,  and  after  assigning  reasons  Mr.  Dee  withdrew,  Whereupon, 
Resolved,  to  rescind  from  said  proposed  amendments, — and  Thereupon, 
Resolved  not  to  concur  in  passing  said  resolution,  and  the  Lieut.  Gov. 
was  appointed  to  prepare  reasons  in  writing,  who  forthwith  reported  the 
following,  to  wit,  "The  Governor  aud  Council  understand  that  the  Gen- 
eral Assembly  have  the  independant  right  to  adjourn  when  they  please," 
which  reasons  were  adopted— and  it  was  Ordered  that  the  Secretary  re- 
turn said  resolution  to  the  House  with  the  reason  aforesaid.  Adjourned 
to  9  o'clock  tomorrow  morning. 


TnuRSDAY  Oct.  15, 1829.    9  o'clock  A.M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  A  mes- 
sage was  received  from  [the]  House  of  Representatives,  by  Mr.  Smith  of 
Barre,  one  of  its  members,  informing  that  the  House  had  resolved  not 
to  concur  in  the  amendments  proposed  by  the  Governor  &  Council  on 
the  14th  Instant,  to  the  resolution  assigniug  a  time  for  the  election  of 
judges  of  the  Supreme  Court,  and,  after  assigning  reasons,  Mr.  Smith 
withdrew.  Whereupon,  Resolred  to  rescind  from  said  proposed  amend- 
ment— and  said  resolution  was  further  amended  by  striking  out  the 
word  "  Wednesday,"  &  inserting,  in  lieu  thereof,  the  word  "  Friday,"  & 
by  striking  out  the  words  "at  10  o'clock  in  the  forenoon,"  &  inserting, 
in  lieu  thereof,  the  words  "at  2  o'clock  in  the  afternoon";  Whereupon, 
Resolved  to  concur  in  passing  said  resolution,  as  amended,  and  Ordered 
that  the  Secretary  notify  the  House  accordingly. 

Rccd-  from  the  House,  for  concurrence  in  passing,  the  following  reso- 
lution, to  wit,  "  Resolved,  the  Governor  &  Council  concurring  herein, 
that  both  Houses  meet  in  joint  Committee,  in  the  Representatives'  room, 
on  Friday  next  at  10  o'clock  in  the  forenoon,  to  elect  a  person  to  preach 
the  next  election  sermon,  a  Surveyor-General,  and  an  Auditor  of  accounts 
against  the  State,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolution,  &  Ordered  that  the  Secretary  inform  the  House 
accordingly. 

Recd-  also  the  following  resolution,  to  wit,  "  Resolved  that  the  Com- 
mittee on  Military  affairs  be  instructed  to  inquire  into  the  expediency  of 
so  altering  the  militia  law,  that  the  militia  of  this  state  be  not  liable  to  be 
mustered  by  brigades,  in  time  of  peace,  &  report,  by  bill  or  otherwise," 
which  was  read  ; — Whereupon,  Resoloed  to  concur  in  passing  said  resolu- 

23 


354  Governor  and  Council — October  1829. 

tion.  Recd-,  also,  the  following  resolution,  to  wit,  "  Resolved  that  the 
judiciary  Committee  be  instructed  to  inquire  into  the  expediency  of  com- 
pensating jurors  for  their  travel,  when  attending  before  a  justice  of  the 
peace,  and  that  they  have  leave  to  report  by  bill  or  otherwise,"  which 
was  read  ;  Whereupon,  Resolved,  to  concur  in  passing  said  resolution. 
Recd\  also,  the  following  resolution,  to  wit,  "  Resolved,  the  Governor 
&  Council  concurring  herein,  that  so  much  of  His  Excellency's  Speech, 
as  relates  to  the  alteration  of  the  law  respecting  Common  Schools,  be  re- 
ferred to  the  Committee  on  Education  ";  which  was  read  ;  Whereupon, 
Resolved  to  concur  in  passing  said  resolution.  Recd-  also,  the  following 
resolution,  to  wit,  "  Resolved,  the  Governor  &  Council  concurring  herein, 
that  the  judiciary  Committee  be  instructed  to  inquire  into  the  expedi- 
ency of  so  altering  the  law  for  the  election  of  Governor,  Lieutenant  Gov- 
ernor, treasurer  and  Councillors,  that  their  votes  may  be  fairly  written 
or  printed  on  suitable  pieces  of  paper,"  which  was  read  ;  Whereupon, 
Resolved  to  concur  in  passing  said  resolution  ;  Received,  also,  the  follow- 
ing resolution,  to  wit,  "  Resolved,  the  Governor  &  Council  concurring 
herein,  that  the  Committee  of  claims  be  instructed  to  examine  the  sev- 
eral reports,  made  to  the  Legislature,  at  this  session,  by  the  Clerks  of  the 
several  County  Courts,  agreeably  to  a  resolution  passed  Oct.  30,  1S28, 
&  report  the  facts  therein  contained  to  this  House  ";  which  was  read  ; 
Whereupon,  Resolved  to  concur  in  passing  said  resolution.  Received, 
also,  the  following  resolution,  to  wit,  "  Resolved,  the  Governor  &  Coun- 
cil concurring  herein,  that  so  much  of  His  Excellency's  speech  as  relates 
to  the  state  prison,  and  the  improvement  therein,  be  referred  to  a  select 
committee  of  four  to  join  from  Council  ";  which  was  read  ;  Whereupon, 
Resolved  to  concur  in  passing  said  resolution,  and  Mr.  Langdon  was  ap- 
pointed from  Council.  Recd-,  also,  the  following  resolution,  to  wit,  "Re- 
solved, the  Governor  &  Council  concurring  herein,  that  so  much  of  His 
Excellency's  speech  as  relates  to  the  several  acts,  regulating  particular 
land  taxes,  be  referred  to  a  committee  of  four  members  of  this  House,  to 
join  from  Council,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolution,  and  Mr.  Clark  of  Windham  C°-  is  appointed  from 
Council.  Recd-  also,  the  following  resolution,  to  wit,  "  Resolved,  the  Gov- 
ernor &  Council  concurring  herein,  that  a  committee  of  four  members  of 
this  house,  to  join  from  Council,  be  appointed  to  inquire  into  the  expe- 
diency of  taking  from  the  first  Congressional  district,  the  towns  of  Paw- 
let,  Danby,  &  Mount  Tabor,  in  the  County  of  Rutland,  and  annexing  the 
same  to  the  second  Congressional  District,  &  report  by  bill  or  other- 
wise," which  was  read.  Whereupon,  Resolved  to  concur  in  passing  said 
resolution,  and  Mr.  Davis  was  appointed  from  Council. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  The  petition  of  Abraham  Tourtelot,  with  an  order  of  reference 
thereon  to  a  committee  of  two  members  of  the  House  to  join  from 
Council,  Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and 
Mr-  Worthington  was  appointed  from  Couucil.  Also,  "An  act  to  incor- 
porate the  Presideut,  Directors  &  Company  of  the  bank  of  Manchester," 
with  an  order  of  reference  thereon  to  a  committee  of  two  members  of 
the  House  to  join  from  Council,  Whereupon,  Resolved  to  concur  in  said 
order  of  reference,  and  Mr.  Allen  was  appointed  from  Council.  Also, 
The  petition  of  Jared  Spauldiug  &  others,  with  an  order  of  reference 
thereon  to  a  committee  of  two  members  of  the  House,  to  join  from 
Council,  Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and 
Mr.  Davis  was  appointed  Irom  Council.  Also,  The  petition  of  Sewall 
Eullum  jr.  aud  others,  with  an  order  ot  reference  thereon  to  a  committee 
of  two  members  of  the  House,  to  join  from  Council.  Whereupon, 
Resolved  to  concur  in  said   order  of  reference  and   Mr.  Lyman   was 


Governor  and  Council — October  1829.  355 

appointed  from  Council.  Also,  The  petition  of  Jesse  Cone  and  others  ; 
with  an  order  of  reference  thereon  to  a  committee  of  two  members  of 
the  House,  to  join  from  Council ;  Whereupon,  Resolved  to  concur  in 
said  order  of  reference  &  Mr-  Clark  of  Windham  C°  was  appointed 
from  Council.  Also,  The  petition  of  William  Weed  and  others,  with 
an  order  of  reference  thereon  to  a  connnittee  of  two  members  of  the 
House  to  join  from  Council,  Whereupon  Resolved  to  concur  in  said 
order  of  reterence,  and  Mr.  Clark  of  Bennington  County  was  appointed 
from  Council.  Also,  The  petition  of  Samuel  Tagcrt  and  William 
Tagert,  with  an  order  of  reference  thereon  to  a  committee  of  two 
members  of  the  House  to  join  from  Council  ;  Whereupon,  Resolved 
to  concur  in  said  order  of  reference,  and  Mr.  Hoyt  was  appointed  from 
Council.  Also,  The  petition  of  Elijah  Clark  and  others,  with  an  order 
of  reference  thereon  to  a  committee  of  three  members  of  the  House  to 
join  from  Council  ;  Whereupon,  Resolved  to  concur  in  said  order  of 
reference,  and  Mr.  Pierpoint  was  appointed  from  Council.  Also,  The 
petition  of  the  Inhabitants  of  Cambridge,  with  an  order  of  reference 
thereon  to  a  committee  of  three  members  of  the  House  to  join  frorn 
Council.  Whereupon,  Resolved  to  concur  in  said  order  of  refereuce,  and 
Mr.  Deming  was  appointed  from  Council.  Also,  The  petition  of  Joseph 
W.  Eldridge  and  others,  with  an  order  of  reference  thereon  to  a  com- 
mittee of  four  members  of  the  House  to  join  from  Council.  Whereupon, 
Resolved  to  concur  in  said  order  of  reference,  and  Mr.  Clark  of  Windham 
County  was  appointed  from  Council.  Also,  The  petition  of  Caleb  Buf- 
fum  with  an  order  of  reference  thereon  to  a  committee  of  two  members 
of  the  House  to  join  from  Council.  Whereupon  Resolved  to  concur  in 
said  order  of  reference  &  Mr-  Clark  of  Bennington  C°-  was  appointed 
from  Council.  Also,  The  petition  of  Amasa  Edson  and  others,  with  an 
order  of  reference  thereon  to  a  committee  of  lour  members  of  the  House, 
to  join  from  Council,  Whereupon  Resolved  to  concur  in  said  order  of 
reference  and  Mr-  Langdon  was  appointed  from  Council.  Also,  The 
petition  of  Richard  Sterling,  with  an  order  of  reference  thereon  to  a 
committee  of  three  members  of  the  House,  to  join  from  Council,  Where- 
upon, Resolved  to  concur  in  said  order  of  reference  and  L*  Gov.  Olin 
was  appoiuted  from  Council.  Also,  "An  act  annexing  a  part  of  the 
town  of  Brookfield  to  the  town  of  Chelsea,"  with  an  order  of  reference 
thereon  to  a  committee  of  two  members  of  the  House  to  join  from 
Council.  Whereupon,  Resolved  to  concur  in  said  order  of  reference,  aud 
Mr.  Harris  was  appointed  from  Couucil.  Also,  "An  act  incorporating 
the  Rutland  Fire  Society,"  with  an  order  of  reference  thereon  to  a  com- 
mittee of  two  members  of  the  House,  to  join  from  Council.  Where- 
upon, Resolved,  to  concur  in  said  order  of  reference,  and  Mr-  Thompson 
was  appointed  from  Council.  Also,  "An  act  constituting  a  new  county 
by  the  name  of  Cumberland,"  with  an  order  of  reference  thereon  to  a 
committee  of  three  members  of  the  House  to  join  from  Council.  Where- 
upon, Resolved  to  concur  in  said  order  of  relerence,  aud  J>  Gov.  Olin 
was  appointed  from  Council. 

Recd-  also,  from  the  House,  a  communication  to  that  body  from  His 
Excellency,  the  Governor,  transmitting  "certain  resolutions  &  other  doc- 
uments, adopted  by  the  Legislatures  of  South  Carolina,  Georgia,  Vir- 
ginia, &  Missouri,"  together  with  said  documents,  with  an  order  of  the 
House  thereon,  referring  the  same  to  a  committee  of  five  members  of  the 
House  to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said 
order  of  relerence,  and  Mr.  Deming  was  appointed  from  Council.  Also, 
"  Au  act  for  the  further  relief  of  the  town  of  Westfield,"  and  "An  act 
directing  the  treasurer  of  this  State  to  credit  the  first  Constable  of  the 
town  of  Wolcott  the  sum  therein  mentioned,"  with  an  order  of  reference 


356  Governor  and  Council — October  1829. 

on  each  to  the  Committee  of  Ways  anrl  Means.  Whereupon,  Resolved 
to  concur  in  said  several  orders  of  reference.  Also,  The  petition  of 
Emanuel  Sawyer,  with  an  order  of  reference  thereon  to  the  Committee 
of  claims  ;  The  petition  of  the  Artillery  Company  in  Enosburgh,  with 
an  order  of  reference  thereon  to  the  Committee  on  Military  affairs,  Also, 
"  an  act  in  addition  to  and  amendment  of  an  act  entitled  *  An  act  to  en- 
force the  due  observance  of  the  Sabbath,'  passed  March  3,  1797,"  "An 
act  in  addition  to  an  act  entitled  'an  act  for  the  punishment  of  certain 
inferior  crimes  and  misdemeanors,'  "  and  "An  act  for  the  relief  of  Ursula 
Phebc  Atkinson  and  Joseph  William  Atkinson,"  with  an  order  of  refer- 
ence on  each  of  the  three  last  mentioned  to  the  judiciary  Committee  ; 
The  petition  of  the  Selectmen  of  Cavendish,  Remonstrance  of  Inhabi- 
tants of  Cavendish,  Kemonstrance  of  Inhabitants  of  Weathersfield,  Re- 
monstrance of  the  Inhabitants  of  Weathersfield.  "An  act  extending  the 
time  for  making  a  road  in  the  towns  op  Eden,  Kellyvalc,  Troy  &  West- 
fleld,"  The  petition  of  John  Catlin.  The  petition  of  Joel  Frost  and  Hi- 
ram Buck,  The  petition  of  John  McDuflie,  and  The  petition  of  Matthew 
Chambers  and  others,  with  an  order  of  reference  on  each  of  the  nine  last 
mentioned  to  the  Committee  on  roads  and  Canals,  Whereupon,  liesolccd 
to  concur  in  said  several  orders  of  reference.  Adjourned  to  2  o'clock 
P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to 
adjournment.  The  House  sent  up  for  concurrence  in  the  reference,  the 
following,  to  wit,  The  petition  of  the  towns  of  Belvidere,  Wolcott,  Ilyde- 
park,  Eden,  Johnson,  Waterville,  Sterling  and  Morristown,  with  an 
order  of  reference  thereon  to  the  Committee  raised  on  the  petition  of 
the  inhabitants  of  Cambridge;  The  petition  of  Hugh  Tom,  The  petition 
of  William  Cubley,  and  "An  .act  authorizing  certain  persons  therein 
named,  to  hold  and  convey  real  estate,"  with  an  order  of  reference  on 
each  of  the  three  last  mentioned  to  the  Committee  raised  on  the  petition 
of  Samuel  &  Wm-  Taggcrt;  Whereupon  liesolced  to  concur  in  said  sev- 
eral orders  of  reference. 

Mr.  Pierpoint  introduced  the  following  resolution,  to  wit,  "In  Council 
Oct.  15,  1829.  Resolved,  the  General  Assembly  concurring  herein,  that 
both  Houses  meet  in  the  Representatives'  room  on  Friday  next  at  three 
o'clock  in  the  afternoon,  for  the  purpose  of  electing  judges  of  the  Su- 
preme Court  for  the  year  ensuing,"  which  was  read  and  passed. 

A  message  was  received  from  the  House  of  representatives,  by  Mr. 
Elliot,  one  of  its  members,  informing  that  the  House  had  refused  to 
concur  in  the  amendments  this  morning  proposed  by  the  Governor  and 
Council  to  the  resolution  of  the  House  assigning  a  time  for  the  meeting 
of  both  Houses  for  the  purpose  of  electing  judges  of  the  Supreme  Court, 
and  after  assigning  reasons  Mr.  Elliot  withdrew.  Whereupon,  said 
resolution  was  Ordered  to  lie  on  the  table. 

A  communication  was  received  from  the  Speaker  of  the  House  of  Rep- 
resentatives, requesting  the  Governor  and  Council  to  return  to  that 
body  a  bill  entitled  "An  act  in  explanation  of  an  act  entitled  'an  act, 
ascertaining  the  principles  on  which  the  list  of  this  state  shall  be  made, 
and  directing  listers  in  their  office  and  duty,'"  which  bill  was  suspended 
by  the  Governor  and  Council  at  their  session  in  October  last,  Which 
communication  was  read,  Whereupon,  Ordered  that  the  Secretary  return 
said  bill  to  the  General  Assembly,  which  was  accordingly  done. 

The  petition  of  Jabez  K.  Parkhurst,  a  convict  in  the  state  prison,,  was 
taken  up,  and  the  question,  "Shall  the  said  Jabez  K.  Parkhurst  be  dis- 
charged from  the  state  prison  ?"  was  determined  in  the  affirmative. 
Yeas  9,  Nays  3.     Those  who  voted  in  the  affirmative,  were,  Messrs. 


Governor  and  Council — October  1829.  357 

Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis,  Doming, 
Harris,  Iloyt,  Lyman,  Pierpoint  and  Thompson.  Those  who  voted  iu 
the  negative  were,  The  Lieut.  Governor,  Messrs.  Allen,  and  Worthiug- 
ton. 

Recd-  for  concurrence  in  passing,  the  following  resolution  from  the 
IIou&c  of  Representatives,  to  wit,  Resolved,  the  Governor  and  Council 
concurring  herein,  that  both  Houses  meet  in  the  representatives'  room, 
at  10  o'clock  on  Friday  morning  next,  for  the  purpose  of  electing  judges 
of  the  Supreme  Court,"  Which  was  read,  and  Ordered  to  lie  on  the  table. 

The  petition  of  Peter  J.  Nichols,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question  "Shall  a  pardon  be  granted  to  the  said  Peter 
J.  Nichols?  "  was  determined  in  the  affirmative,  Yeas  7,  Nays  6.  Those 
who  voted  in  the  affirmative  were,  Messrs.  Allen,  Clark  of  Windham 
County,  Harris,  Iloyt,  Lyman,  Pierpoiut  &  Thompson.  Those  who 
voted  in  the  negative  were,  The  Lieut.  Governor,  Messrs.  Clark  of  Ben- 
nington County,  Davis,  Doming,  Langdon  and  Worthiugton.  Ad- 
journed to  9  o'clock  tomorrow  morning. 


Friday  October  16, 1829.     9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  reso- 
lution which  was  returned  from  the  House  yesterday  &  laid  on  the  table, 
assigning  a  time  for  the  election  of  judges  of  the  Supreme  Court  for  the 
year  ensuing,  was  taken  up  and  agaiu  Ordered  to  lie  on  the  table. 

A  Message  was  received  from  the  House  of  Representatives,  by  Mr. 
Pettibonc,  one  of  its  members,  with  the  resolution  yesterday  sent  down 
by  the  Governor  and  Council,  assigning  a  time  for  the  election  of  judges 
of  the  Supreme  Court,  informing  that  the  House  had  resolved  to  concur 
in  passing  said  resolution,  with  the  following  proposal  of  amendment,  to 
wit,  "  Strike  out  the  words  '3  o'clock  P.  M.'  and  insert  in  lieu  thereof 
the  words  k10  o'clock  A.  M.'"  Which  was  considered,  Whereupon, 
llesolced  to  concur  in  said  proposals  of  amendment,  and  Ordered  that 
the  Secretary  inform  the  House  accordingly. 

Recd-  from  the  House  of  Representatives,  for  concurrence  in  passing, 
the  following  resolution,  to  wit.  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  the  Judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  so  varying  or  altering  the  law.  relating  to  mar- 
riage and  divorce,  as  to  render  the  penalties,  therein  mentioned,  more 
equitable  and  explicit,  and  that  they  report  by  bdl  or  otherwise,"  which 
was  read.  Whereupon,  liesolved  to  concur  in  passing  said  resolution. 
Recd-  also,  the  following  resolution,  to  wit.  "Resolved,  that  fhe  Judiciary 
Committee  be  instructed  to  inquire  into  the  expediency  of  repealing  the 
act,  passed  Nov.  6, 1812,  entitled  'An  act  for  the  preservation  of  Musk- 
rats,'"  which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 
resolution.  Recd- also,  the  following  resolution,  to  wit.  "Resolved,  the 
Governor  and  Council  concurring  herein,  that  three  persons  be  appointed 
by  the  joint  ballot  of  both  Houses  to  investigate  the  circumstances  of 
the  death  or  escape  of  Joseph  Burnham,  a  convict  in  the  Vermont  State 
prison,  in  Oct.  182G,  and  that  the  persons,  so  appointed,  shall  have 
power  to  send  for  persons  and  papers,  and  report  to  the  Legislature 
at  this  session,"  which  was  read,  Whereupon,  llesolced  to  concur  in 
passing  said  resolution,  and  Ordered  that  the  Secretary  notify  the  House 
accordingly. 

Recd- also  from  the  House  of  Representatives  "Resolutions  adopted 
by  the  General  Assembly  of  the  State  of  Missouri,  on  the  subject  of 
amending  the  Constitution  of  the  United  States,"   with  an  order  of 


358  Governor  and  Council — October  1829. 

reference  thereon  to  the  committee  to  be  raised  on  the  resolutions  of 
Louisiana.     Ordered  that  said  resolutions  lie  on  the  table. 

Reed-  from  the  House  of  Representatives,  for  concurrence  in  the 
reference,  the  following,  to  wit,  The  petition  of  Wait  Scott  and  others, 
with  an  order  of  reference  thereon  to  the  Committee  of  Ways  &  Means. 
Also,  "An  act  to  incorporate  the  Green  river  Manufacturing  Company," 
&  "An  act  incorporating  certain  persons  therein  named  by  the  name  of 
the  National  Hydraulic"  Company,"  with  an  order  of  reference  on  each 
to  the  Committee  on  Manufactures.  Also,  "An  act  directing  the  Treas- 
urer to  pay  Joshua  Y.  Vail  and  John  McDuffie,  the  sums  therein  men- 
tioned," with  an  order  of  reference  thereon  to  the  Committee  of  Claims. 
Also,  "An  act  repealing  an  act,  entitled  'An  act  to  preserve  the  fish  in 
the  streams  running  in  and  through  the  town  of  Bennington  in  the 
County  of  Bennington,' "  with  an  order  of  reference  thereon  to  the  com- 
mittee raised  on  the  petition  of  Wm-  Weed  and  others.  Also,  The 
petition  of  Zebina  Cushman  and  others,  with  an  order  of  reference 
thereon  to  the  committee  raised  on  the  petition  of  Jared  Spaulding  & 
others.  And,  uAn  act  allowing  interest  on  Executions,  and  to  repeal  an 
act  therein  mentioned,"  with  an  order  of  reference  thereon  to  the  Judi- 
ciary Committee.  Whereupon,  Besolved  to  concur  in  said  several  orders 
of  reference. 

Reed-  also,  for  concurrence  in  the  reference,  the  following,  to  wit,  The 
petition  of  E.  D.  G.  Burrington,  with  an  order  of  reference  thereon  to 
the  members  of  the  House  of  Representatives  from  the  County  of  Orleans 
to  join  from  Council.  Whereupon,  Besolved  to  concur  in  said  order  of 
reference  and  Mr.  Allen  was  appointed  from  Council.  Recd-  also,  The 
petition  of  John  C.  Morrill,  with  an  order  of  reference  thereon  to  the 
committee  raised  on  the  petition  of  Abraham  Tourtelotte.  Also,  The 
"report  of  the  Superintendant  of  the  Vermont  State  prison  on  the 
subject  of  enlarging  the  prison,  and  of  solitary  confinement,"  with  an 
order  of  reference  thereon  to  the  committee  raised  on  that  part  of  His 
Excellency's  speech  relating  to  the  State  prison  ;  Whereupon  Besolved 
to  concur  in  said  several  orders  of  reference.  Recd-  also,  The  petition  of 
Francis  D.  Parker,  with  an  order  of  reference  thereon  to  a  committee  of 
two  members  of  the  House  of  representatives  to  join  from  Council. 
Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Langdon  was  appointed  from  Council.  Also,  "An  act  in  addition  to 
and  alteration  of  an  act  entitled  'an  act  reducing  into  one  the  several 
acts  for  laying  out,  making,  repairing  and  clearing  highways,"  with  an 
order  of  reference  thereon  to  the  Committee  on  roads  and  canals. 
Whereupon,  Besolved  to  concur  in  said  order  of  reference. 

The  Governor  and  Council  attended  in  the  representatives'  room,  for 
the  election  of  a  person  to  preach  the  next  election  sermon,  a  Surveyor 
General,  An  Auditor  of  accounts  against  this  State  and  the  judges  of 
the  Supreme  Court,  after  which  they  returned  to  their  chamber.  Ad- 
journed to  2  o'clock  P.  M.1 

2  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  petition  of  Enoch  Martin,  a  state  prison  convict,  was 
taken  up,  and  the  question  "Shall  the  said  Enoch  Martin  be  discharged 

'The  following  elections  were  made:  to  preach  the  then  next  election 
sermon,  Rev.  Geo.  G.  Ingersoll,  and  Rev.  Sylvester  Nash  substitute*, 
Snrveyor  General,  Isaac  N.  Cushman;  Auditor  of  Accounts,  David 
Pierce  ;  Judges  of  the  Supreme  Court,  Samuel  Prentiss,  Titus  Hutchin- 
son, Charles  K.  Williams,  Stephen  Royce  Jr.,  and  Ephraiin  Paddock. 


Governor  and  Council — October  1829.  359 

from  the  State  prison?"  was  determined  in  the  affirmative,  Yeas  12,  Nays 
0.  All  the  members  of  the  Council  voting  in  the  affirmative,  the  Lieut*- 
Governor  bein*  excused  from  voting.  The  petition  of  Stephen  Curtis,  a 
convict  in  the  State  prison,  was  taken  up,  and,  on  motion,  Ordered  to  be 
dismissed.  On  motion  of  Mr.  Pierpoint,  the  vote  of  the  9th  Instant, 
dismissing  the  petition  of  John  Bean,  was  re-considered.  The  petition 
of  Salmon  Whitlock,  a  state  prison  convict,  was  taken  up,  and  the  ques- 
tion "shall  the  said  Salmon  "Whitlock  be  discharged  from  the  state 
prison  ?  "  was  determined  in  the  affirmative.  Yeas  13,  the  Lieut.  Gov- 
ernor and  all  the  members  of  the  Council  voting  in  favor  of  said 
discharge.    Adjourned  to  9  o'clock  to-morrow  morning. 


Saturday  Oct.  17, 1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence  in  passing,  the  following  resolution,  to 
wit,  "Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  joint  committee  in  the  Representatives'  room  on  Satur- 
day the  17th  Inst,  at  ten  o'clock  in  the  forenoon,  for  the  purpose  of 
electing  three  commissioners  to  investigate  the  circumstances  of  the 
death  or  escape  of  Joseph  Burnham  from  the  State  prison,"  which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  resolution,  & 
Ordered  that  the  Secretary  inform  the  House  accordingly. 

Received  also  from  the  House,  for  concurrence  in  the  reference,  the 
following,  to  wit.  Auditor's  report  of  the  Treasury  ;  "An  act  directing 
the  Treasurer  of  this  state  to  credit  the  town  of  Mansfield  the  sum 
therein  named,"  &  The  petition  of  Joshua  Davis  ;  with  an  order  of 
reference  on  each  to  the  Committee  of  Ways  &  Means.  Whereupon, 
Resolved  to  concur  in  said  several  orders  of  reference.  Recd-  also,  The 
petition  of  John  Cushman,  The  petition  of  Josiah  Lyon  &  The  petition 
of  Alpha  Allen  &  others,  with  an  order  of  reference  on  each  to  the  Land 
Tax  Committee  ;  Whereupon,  Resolved  to  concur  in  said  several  orders 
of  reference.  Recd-  also  The  petition  of  Alba  Davison  &  The  petition  of 
John  A.  Pratt  &  others,  with  an  order  of  reference  on  each  to  the  Com- 
mittee of  Claims  ;  Whereupon,  Resolved  to  concur  in  said  orders  of 
reference.  Recd-  also,  "An  act  in  addition  to  and  alteration  of  an  act 
entitled  'an  act  allowing  indorsers  to  maintain  actions  in  their  own 
names,'"  "An  act  in  addition  to  an  act  entitled  'an  act  constituting  the 
Supreme  Court  of  Judicature  &  County  Courts,  defining  their  powers 
&  regulating  judicial  proceedings,'"  and  "An  act  extending  the  jurisdic- 
tion of  Constables,"  with  an  order  of  reference  on  each  to  the  Judiciary 
Committee.  Whereupon,  Resolved  to  concur  in  said  several  orders  of 
reference.  Recd-  also,  the  following,  to  wit,  The  petition  of  Inhabitants 
of  Woodbury  for  annexing  said  town  to  the  County  of  Washington,  with 
an  order  of  reference  thereon,  to  the  committee,  raised  on  the  petition 
of  Joseph  W.  Eldridge  &  others  ;  The  petition  of  Elias  Stevens  & 
others,  with  an  order  of  reference  thereon  to  the  committee  raised  on 
the  bill  establishing  a  new  county  by  the  name  of  Cumberland.  The 
petition  of  Daniel  A.  Carpenter  &  others,  with  an  order  of  reference 
thereon  to  the  Committee  on  Military  affairs,  and  "An  act  incorporating 
a  fire  Society  in  the  village  of  S*-  Albans  ; "  with  an  order  of  reference 
thereon  to  the  committee  raised  on  the  bill  incorporating  a  fire  society 
in  Rutland ;  Whereupon  Resolved  to  concur  in  said  several  orders  of 
reference. 

Received  from  the  House,  for  concurrence  in  passing,  the  following 
resolution  to   wit,  "  Resolved,  the    Governor  &    Council    concurring 


360  Governor  and  Council — October  1829. 

herein,  that  both  Houses  meet  in  the  representatives'  room  on  Monday 
next,  at  two  o'clock  in  the  afternoon,  for  the  purpose  of  electing  a  Brig- 
adier General  of  the  third  brigade  &  third  division  of  the  Militia  of  this 
State,  to  fill  the  vacancy  occasioned  by  the  resignation  of  General  James 
Far ns worth  ";  which  was  read,  Whereupon,  Resolved  to  concur  in  pass- 
ing said  resolution,  and  Ordered  that  the  Secretary  inform  the  House 
accordingly.  Kecd-  also,  the  following,  to  wit,  "  Resolved,  the  Governor 
and  Council  concurring  herein,  that  the  Land  Tax  Committee  be 
directed  to  inquire  into  the  expediency  of  providing  by  law  for  the  pub- 
lication of  notices  of  petitions  for  land  taxes,  in  the  newspapers  printed 
in  Montpelier,  instead  of  the  newspapers  in  which  such  notices  are  now, 
by  law,  directed  to  be  published,  and  report  by  bill  or  otherwise,"  which 
was  read,  whereupon,  Resolved  to  concur  in  passing  said  resolution. 
Recd-  the  following,  for  concurrence  in  the  reference,  to  wit,  "  An  act 
repealing  an  act,  entitled  'an  act  to  preserve  the  fish  in  the  waters  in 
the  towns  therein  mentioned,'"  with  an  order  of  reference  thereon  to  the 
committee  raised  on  the  petition  of  Wra.  Weed  &  others  :  Whereupon, 
Resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  to  the  Governor  and  Council,  for  their  revision 
and  concurrence  or  proposals  of  amendment,  the  following  engrossed 
bill,  to  wit,  "An  act  for  the  relief  of  Elisha  Fuller,"  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  bill,  also  the  following 
engrossed  bill,  to  wit,  "  An  act  relating  to  the,  arch  bridge  across  White 
river  in  Sharon,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  bill  ;  Also,  the  following  engrossed  bill,  to  wit,  "An  act  for 
the  relief  of  John  Doyle,"  which  was  read,  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill.  Ordered  that  the  Secretary  inform  the  House  of 
said  concurreuce  in  passing  the  three  last  mentioned  bills. 

The  Governor  and  Council  attended  in  the  Representatives'  room,  for 
the  purpose  of  appointing  commissioners  in  the  case  of  Joseph  Burn- 
ham,  after  which  they  returned  to  their  chamber.1 

1  Robert  Pierpoint,  John  Smith  of  St.  Albans,  and  John  S.  Pettibone 
were  elected  commissioners.  In  1826,  Joseph  Burnham  was  convicted 
of  an  infamous  crime  in  Windsor  County,  and  sent  to  the  State  Prison 
for  ten  years.  He  was  the  owner  of  a  good  farm,  and  when  sick  unto 
death  in  prison  he  was  visited  by  a  son,  doubtless  in  reference  to  the 
disposition  of  his  property.  Joseph  Burnham  died  in  prison,  and  was 
buried  at  Woodstock.  The  son  referred  to  was  a  mason,  and  so  was  the 
Hon.  John  II.  Cotton,  the  then  Superintendent  of  the  State  Prison. 
Joshua  Cobb  of  Woodstock,  subsequent  to  Burnham's  death,  went  to  the 
city  of  New  York,  and  there  met  a  man  who  so  strongly  resembled  Jo- 
seph Burnham  that  he  wrote  to  some  friend  in  Woodstock  that  he  had 
seen  Joseph  Burnham,  and  that  he  could  not  be  dead,  but  must  have 
escaped  or  been  released  from  prison.  Thereupon  the  people  of  Wind- 
sor County  were  much  excited,  and  the  anti-masonic  portion  of  them 
were  quite  ready  to  suspect  and  charge  that  Burnham  had  been  released 
by  the  mason  Cotton.  The  legislature  therefore  instituted  an  investiga- 
tion, the  result  being  that  Joseph  Burnham  was  certainly  dead,  his  re- 
mains having  been  exhumed  and  identified  by  his  wife,  and  his  sem- 
blance in  New  York  proving  to  be  another  person.  Out  of  this  affair  came 
a  political  brochure,  entitled  "The  Doleful  Tragedy  of  the  raising  of  Jo. 


Governor  and  Council — October  1820.  361 

The  petition  of  Calvin  Millcn,  a  convict  in  the  Slate  prison,  was  taken 
up,  and  the  queslion,  "Shall  the  said  Calvin  Millcn  be  discharged  from 
the  State  prison  ?"  was  determined  in  the  negative.  Yea  1.  Nays  10. 
The  member  voting  in  the  affirmative  was  Air.  Langdon.  Those,  who 
voted  in  the  negative,  were,  the  Lieut.  Governor,  Messrs.  Allen,  Clark 
of  Bennington  County,  Clark  of  Windham  County,  Davis,  Doming,  Har- 
ris, Lyman,  Pierpoint  and  Worthington.  The  petition  of  .James  Wes- 
ton, a  convict  in  the  Slate  prison,  was  taken  up,  and  on  motion  of  Mr. 
Pierpoint,  Ordered  to  lie  on  the  table.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  petition  of  James  Weston,  which  was  this  morning 
laid  on  the  table,  was  taken  up,  and  the  question,  "  Shall  the  said  James 
Weston  be  discharged  from  the  State  prison  V"  was  determined  in  the 
affirmative.  Yeas  11.  Nays  0.  Those,  who  voted  in  the  affirmative, 
were  the  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Bennington  County, 
Clark  of  Windham  County,  Davis,  Deming,  Harris,  Langdon,  Lyman, 
Pierpoint  &  Worthington. 

Mr.  Langdon,  on  motion,  was  excused  from  acting  on  the  committee 
raised  on  the  petition  of  Amasa  Edson  &  others,  and  Mr.  Clark  of  Wind- 
ham County  was  appointed  in  his  stead.  Adjourned  to  9  o'clock,  Mon- 
day morning. 


Monday  Oct,  19, 1829.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up  the  following,  for  concurrence  in  the  reference,  to  wit, 
"An  act  to  preserve  fish  in  the  several  waters  in  the  town  of  Starksboro', 
in  the  County  of  Addison,"  with  an  order  of  reference  thereon  to  the 
committee  raised  on  the  petition  of  William  Weed  and  others  ;  *'An  act 
regulating  and  governing  the  exhibition  of  natural  and  artificial  curios- 
ities within  this  state,"  with  an  order  of  reference  thereon  to  the  Gene- 
ral Committee  ;  "An  act  in  addition  to  an  act  establishing  permanent 
salaries  for  certain  officers,  and  for  regulating  certain  fees  and  taxable 
costs,"  with  an  order  of  reference  thereon  to  the  Judiciary  Committee  ; 
Whereupon,  Resolved  to  concur  in  said  several  orders  of  reference.  ltecd- 
also,  the  following,  to  wit,  "An  act  directing  the  Treasurer  to  pay  James 
Davis  the  sum  therein  mentioned,"  and  The  petition  of  William  Forbes, 
with  an  order  of  reference  on  each  to  the  Committee  of  claims  ;  The 
petition  of  George  M.  Danis,  with  an  order  of  reference  thereon  to  the 
Committee  of  Ways  &  Means,  and  "An  act  establishing  an  Academy  at 
Crattsbury,  in  the  County  of  Orleans,"  with  au  order  of  reference  thereon 
to  the  Committee  on  Education  ;  Whereupon,  Resolved  to  concur  iusaid 
several  orders  of  reference. 

Burnham,  or  the  Cat  let  out  of  the  Bag,"  which  was  printed  at  Wood- 
stock in  1832,  its  purpose  being  to  satirize  anti-masonry  as  a  scheme  for 
political  preferment.  A  copy  of  this  tragedy,  with  a  key  to  its  principal 
characters  by  the  late  Rev.  Pliny  II.  White,  is  in  the  library  of  the  Ver- 
mont Historical  Society.  Mr.  White  attributed  the  authorship  to  Benj. 
F.  Kendall,  but  it  was  probably  the  joint  production  of  Kendall  and  its 
printer,  Wm.  W.  Prescott,  the  latter  having  been  in  the  habit  of"  spout- 
ing Shakspeare." — For  report  of  the  commissioners  sec  printed  Assem- 
bly Journal  of  1829,  p.  167. 


362  Governor  and  Council — October  1829. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  Judiciary  Committee  be  directed  to  inquire  into  the  expediency 
of  providing  by  law  for  paying  the  expence  of  pursuing  and  arresting 
persons  who  have  been  guilty  of  the  commission  of  crimes,  and  report  by 
bill  or  otherwise  ";  Which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolution. 

The  petition  of  Archibald  Duncan,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question,  "shall  the  said  Archibald  Duncan  be  dis- 
charged from  the  State  prison?"  was  determined  in  the  affirmative. 
Yeas  9.  Nay  1.  Those,  who  voted  in  the  affirmative,  were  the  Lieut. 
Governor,  Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County,  Davis,  Deming,  Harris,  Langdon  &  Worthington.  The 
member  voting  in  the  negative  was  Mr.  Lyman.  The  petition,  for  a 
pardon,  of  William  Randall,  convicted  at  S*-  Albans  in  the  County  of 
Franklin,  at  a  special  term  of  the  County  Court,  holden  in  November 
1826,  of  having  in  his  possession,  with  Intent  to  utter  them,  certain 
counterfeit  notes  of  the  Bank  of  the  United  States,  and  sentenced,  at 
the  January  Term  1827  of  the  Supreme  Court  in  said  county,  to  pay  a 
fine  of  one  hundred  dollars  and  costs  of  prosecution  taxed  at  $66.87,  was 
taken  up  and  the  question  "  Shall  a  pardon  be  granted  to  the  said  Wil- 
liam Randall?"  was  determined  in  the  affirmative  — Yeas  11,  Nays  0. 
Those,  who  voted  in  the  affirmative,  were,  the  Lieut.  Governor,  Messrs. 
Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis, 
Deming,  Harris,  Langdon,  Lyman,  Pierpoint  and  Worthington. 

The  petition  of  Silas  Hathaway  jr.  a  convict  in  the  State  prison,  was 
taken  up  and  the  question,  "Shall  the  said  Silas  Hathaway  jr.  be  dis- 
charged from  the  State  prison?"  was  determined  in  the  affirmative. 
Yeas  8,  Nays  3.  Those,  who  voted  in  the  affirmative,  were,  the  Lieut. 
Governor,  Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County,  Davis,  Deming,  Langdon  and  Worthington.  Those,  who 
voted  in  the  negative,  were  Messrs.  Harris,  Lyman  and  Pierpoint. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.  —  The  Governor  and  Council  met  agreeably  to  ad- 
journment, and  proceeded  to  the  Representatives'  room  &  attended  to 
the  election  of  a  Brigadier  General  of  the  third  Brigade  and  third  divi- 
sion of  the  Militia  of  this  State.  After  which  they  returned  to  their 
Chamber  and  adjourned  to  9  o'clock  to:morrow  morning.1 


Tuesday  Oct.  20, 1829.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence  in  the  reference,  the  following,  to  wit, 
"An  act  in  addition  to  an  act,  entitled  '  an  act  constituting  the  Supreme 
Court  of  Judicature  &  County  Courts,  defining  their  powers  and  regulat- 
ing judicial  proceedings,'  passed  Mar.  2.  1797'  ";  "An  act  for  the  relief  of 
poor  debtors  ";  *  An  act,  in  addition  to  an  act  entitled  '  an  act  appoint- 
ing notaries  public  &  declaring  their  office  and  duty,'  "  "  An  act  in  ex- 
planation of  the  eighth  section  of  an  act,  entitled  4  an  act  for  the  limita- 
tion of  suits  on  penal  statutes,  criminal  prosecutions  &  actions  at  law,' 
passed  Nov.  6. 1797  ";  "An  act  in  addition  to  an  act,  defining  the  powers 
of  Justices  of  the  peace  within  this  State,  passed  Mar.  4.  1797";  "Re- 
port of  the  agency  of  T.  Hutchinson  in  relation  to  society  or  school 
lands";  and  "An   act  providing  a  compensation  to  the   Hon.   Bates 

1  Harry  Soule  was  elected. 


Governor  and  Council — October  1829.  363 

Turner,  late  judge  of  the  Supreme  Court";  with  an  order  of  reference 
on  each  to  the  Judiciary  Committee.  Also,  The  petition  of  John  Kil- 
burn,  with  an  order  of  reference  thereon  to  the  Committee  of  Claims  ; 
The  petition  of  Benjamin  Swan,  with  an  order  of  reference  thereon 
to  the  Committee  of  Ways  and  Means  ;  The  petition  of  Frederick 
Pettes  &  others,  with  an  order  of  reference  thereon  to  the  Committee 
on  roads  and  Canals  ;  and  "An  act  to  revive  an  act  entitled  '  an  act  lay- 
ing a  tax  on  the  lands  in  Kingston."  with  an  order  of  reference 
thereon  to  the  Land  tax  Committee,  Whereupon,  Resolved  to  concur  in 
said  several  orders  of  reference.  Recd-  from  the  House,  for  concurrence 
in  the  reference,  the  following,  to  wit.  The  petition  of  John  13.  Allen, 
with  an  order  of  reference  thereon  to  a  committee  of  two  members  of  the 
House  of  Representatives  to  join  from  Council.  Whereupon,  Resolved 
to  concur  in  said  order  of  reference  and  Mr.  Hoyt  was  appointed  from 
Council.  The  petition  of  Samuel  E.  Chalker  &  others,  with  an  order  of 
reference  to  a  committee  of  three  members  of  the  House  of  Representa- 
tives, to  join  from  Council,  Whereupon,  Resolved  to  concur  in  said  order 
of  reference  and  Mr.  Lyman  was  appointed  from  Council.  Also,  "  Res- 
olutions of  the  Legislature  of  the  State  of  Louisiana,"  with  an  order  of 
reference  thereon  to  a  Committee  of  four  members  of  the  House  of  Rep- 
resentatives to  join  from  Council  ;  Whereupon,  Resolved  to  concur  in 
said  order  of  reference,  and  Mr.  Langdon  was  appointed  from  Council. 

Also,  the  resolutions  adopted  by  the  General  Assembly  of  the  State  of 
Missouri  on  the  subject  of  amending  the  Constitution  of  the  United 
States,  which  were  laid  on  the  table  on  the  16th  Instant,  were  taken  up, 
Whereupon,  Resolved  to  concur  in  the  order  of  the  House  thereon  refer- 
ring the  same  to  the  com.  on  the  resolutions  of  the  Legislature  of  the 
State  of  Louisiana. 

Recd-  for  concurrence  in  passing,  the  following  resolution  from  the 
House  of  Representatives,  to  wit,  u  Resolved,  the  Governor  and  Council 
concurring  herein,  that  a  committee  of  two  members  from  the  House,  to 
join  from  Council,  be  appointed  to  examine  the  several  reports  of  the 
Sheriffs  &  Commissioners  of  jail  delivery,  &  report  the  facts  contained 
therein  to  the  General  Assembly";  which  was  read  ;  Whereupon,  Re- 
solved to  concur  in  passing  said  resolution,  and  Mr.  Harris  was  appointed 
from  Council.  Recd-  also,  the  following,  to  wit,  "Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  Judiciary  Committee  be  in- 
structed to  inquire  into  the  expediency  of  providing  by  lawT,  whenever 
the  Select  men  of  any  town  are  called  on  to  fix  a  place  for  a  district 
school-house,  in  case  the  individual  owning  the  land  and  the  district 
cannot  agree  in  relation  to  the  land,  the  Selectmen  may  set  out  the  same 
and  affix  the  value  to  be  paid  therefor,  which,  when  paid,  shall  vest  in 
the  district  the  right  to  use  and  occupy  said  land,  for  the  purpose  afore- 
said ";  Which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 
resolution. 

Recd-  also  the  following,  to  wit,  "  Resolved,  the  Governor  and  Council 
concurring  herein,  that  the  judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  so  amending  the  fee  bill  regulating  Sheriffs  and 
Constables  fees,  as  to  reduce  to  practice  a  uniform  system  of  taxing  for 
posting  and  selling  property  taken  on  Execution."  Which  was  read. 
Whereupon,  Resolved  to  concur  in  passing  said  resolution. 

Recd-  also,  the  following,  to  wit,  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  the  Committee  of  Ways  &  Means  be  instructed 
to  inquire  into  the  expediency  of  altering  the  law,  so  as  to  limit  the 
powers  now  given  to  the  collectors  of  rales  &  taxes  to  a  certain  period 
of  time,  and  report  by  bill  or  otherwise  "  ;  which  was  read,  Whereupon 
Resolved  to  concur  in  passing  said  resolution. 


3C4  Governor  and  Council — October  1829. 

Rccd-  also,  the  following,  to  wit,  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  our  Senators-  in  Congress  be  instructed,  iV  our 
representatives  requested  to  use  their  influence,  to  procure  such  altera- 
tions of  the  Militia  laws  of  the  General  Government,  as  to  exempt  from 
Military  duty,  in  time  of  peace,  all  persons  under  twenty  one  and  over 
thirty  five  years  of  age."  "Resolved,  that  the  Secretary  of  State  be 
directed  to  transmit  a  copy  of  the  foregoing  resolution  to  each  of  the 
Senators  and  Representatives  from  this  Slate  in  the  Congress  of  the 
United  States,"  —  which  were  read  ;  Whereupon,  Resolved  to  concur  in 
passing  said  resolutions,  and  Ordered  that  the  Secretary  inform  the 
House  accordingly. 

Recd-  also,  the  following,  to  wit.  "Resolved,  the  Governor  and  Coun- 
cil concurring  herein,  that  His  Excellency  be  requested  to  appoint  the 
first  Thursday  of  December  next  to  be  observed  as  a  dav  of  public 
thanksgiving  throughout  this  State";  which  was  read:  Whereupon, 
Resolved  to  concur  in  passing  said  resolution,  and  Ordered  that  the  Sec- 
retary inform  the  House  accordingly.- 

Recd-  also,  the  following  resolution  of  the  House  of  this  day,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  Representatives'  room,  af  three  o'clock,  this  after- 
noon, to  elect  a  chaplain  for  the  remaining  part  of  this  session"  —  which 
was  rend  ;  Whereupon  Resolved  to  concur  in  passing  said  resolution, 
and  Ordered  that  the  Secretary  inform  the  House  accordingly. 

Reed-  also,  the  following  resolution  of  the  House  of  the  19,h  instant,  to 
wit,  "Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  iu  the  Representatives'  room  to-morrow  afternoon,  at  three 
o'clock,  for  the  purpose  of  electing  a  Major  General  in  the  fourth  divi- 
sion of  Militia  of  Vermont,"  which  was  read,  Whereupon,  Resolved  to 
concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary  inform 
the  House  accordingly. 

The  House  sent  up  for  revision  and  concurrence  or  proposals  of 
amendment,  the  following  engrossed  bills,  to  wit,  "An  act  laying  a  tax 
on  the  lands  in  Readsboro"  ;  and  "An  act  for  the  relief  of  Levi  Hall," 
which  were  severally  read,  Whereupon,  severally  Resolved  to  concur  in 
passing  said  two  last  mentioned  bills,  and  Ordered  that  the  Secretary 
inform  the  House  accordingly. 

The  petition  of  John  Reynolds,  a  state  prison  convict,  was  taken  up 
and  the  question  u  Shall  the  said  John  Reynolds  be  discharged  from  the 
state  prison?"  was  determined  in  the  affirmative,  Yeas  8,  Nays  3. 
Those,  who  voted  in  the  affirmative,  were,  Messrs.  Clark  of  Bennington 
County,  Clark  of  Windham  County,  Davis,  Deming,  Harris,  Lyman, 
Thompson  and  Worlhington.  Those,  who  voted  in  the  negative,  were 
Messrs.  Allen,  Iloyt  &  Langdon.  The  petitions  of  George  Johnson,  of 
David  Older,  and  of  Moses  Clough,  convicts  iu  the  State  prison,  were 
taken  up  and  severally  Ordered  to  be  dismissed. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  for  concurrence,  the  following  resolu- 
tion of  to  da}%  to  wit,  "  Resolved,  the  Governor  aud  Council  concurring 
herein,  that  both  Houses  meet  in  joint  committee,  at  three  o'clock,  this 
afternoon,  in  the  representatives'  room,  for  the  purpose  of  choosing  a 
superintendant  of  the  Vermont  State  prison  for  the  year  ensuing," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  resolu- 
tion, and  Ordered  that  the  Secretary  inform  the  J  louse  accordingly. 

The  petition  of  John  Bean,  a  convict  in  the  Slate  prison,  was  taken 
up,  aud  the  question   »  Shall  the  said  Johu  Beau  be  discharged  from  the 


Governor  and  Council — October  1829.  365 

State  prison  ?"  was  determined  in  the  negative,  every  member  present 
voting  in  the  negative,  to  wit,  The  Lieut.  Governor,  Messrs.  Allen, 
Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis,  Dem- 
iusr.  Harris,  Iloyt,  Langdon,  Lyman  and  Thompson. 

The  Governor  and  Council  attended  in  the  representatives'  room  for 
the  election  of  a  Major  General  of  the  4th  division  of  the  militia  of  this 
State,  a  Chaplain  for  the  remainder  of  the  Session,  and  a  Supcrintcudant 
of  the  Vermont  State  prison,  after  which  they  returned  to  their  chamber 
and  adjourned  to  9  o'clock  tomorrow  morning.' 


Wednesday  Oct.  21, 1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  revision  &  concurrence  or  proposals  of  amendment, 
the  following  engrossed  hill,  to  wit,  "An  act  for  the  relief  of  Jefferson 
Scott.  Lemuel  Scott  &  AVait  Scott,"  which  was  read,  Whereupon,  lie- 
solved  to  concur  in  passing  said  bill.  Also,  the  following  engrossed  bill, 
to  wit,  "An  act  authorizing  certain  persons  therein  named  to  hold  & 
convey  real  estate,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Ordered  that  the  Secretary  inform  the  House  of  the 
passage  of  the  two  bills  above  mentioned. 

lleed-  also,  for  revision  &  concurrence  or  proposals  of  amendment,  the 
following  engrossed  bill,  to  wit,  "An  act  amending  an  act  entitled  'au 
act  establishing  a  corporation  by  the  name  of  the  Sherburne  Turnpike 
Company,'  passed  Nov.  G,  1826,"  which  was  read  &  Ordered  to  be  com- 
mitted to  Messrs.  Thompson  and  Lyman  to  consider  «fc  report  thereon. 

l{ced-  for  concurrence  in  the  reference,  the  following,  to  wit,  '-An  act 
in  addition  to  the  several  acts  ascertaining  the  principles,  on  which 
the  list  of  this  state  shall  be  made,  and  directing  listers  in  their  office 
and  duty";  "An  act  relating  to  Villages"  ;  "An  act  altering  the  times 
of  holding  certain  County  Courts,"  and  "An  act  repealing  the  5th 
section  of  an  act  defining  the  powers  of  justices  of  the  peace,  passed 
Nov.  16,  1819";  with  an  order  of  reference  on  each  to  the  juuiciary 
Committee  ;  Whereupon,  Resolved  to  concur  in  said  several  orders 
of  reference.  llecd-  also,  The  petition  of  Ira  Coolidge  &  others,  with 
an  order  of  reference  thereon  to  the  Committee  on  Military  affairs. 
"An  act  directing  the  Treasurer  of  this  state  to  credit  the  first  constable 
of  the  town  of  Goshen  the  sum  therein  mentioned,"  with  an  order  of  ref- 
erence thereon  to  the  Committee  of  Ways  &  Means  ;  and  "  An  act  to 
abolish  imprisonment  for  debt,"  with  an  order  of  reference  thereon  to 
the  General  Committee  ;  Whereupon,  Resolved  to  concur  in  said  several 
orders  of  reference.  lteed-  also,  "An  act  granting  further  time  to  make 
a  road  through  the  towns  of  Putney  and  Westminster,"  "An  act  granting 
to  the  inhabitants  of  the  town  of  Dummerston,  further  time  to  make  a 
road  therein  mentioned,"  and  "An  act  for  the  protection  of  public 
bridges,"  with  an  order  of  reference  on  each  to  the  Committee  on  roads 
and  canals  ;  Whereupon,  Resolved  to  concur  in  said  several  orders  of  ref- 
erence. liecd-  also,  The  petition  of  David  Harrington  ;  Account  of  Ste- 
phen Ilaight  against  the  state,  disallowed  by  the  auditor  &  referred  to 
the  General  Assembly  ;  and  "An  act  directing  the  Treasurer  to  pay  Jo- 
seph Howes  the  sum  therein  mentioned,"  with  an  order  of  reference  on 
each  to  the  Committee  of  claims  ;  Whereupon,  Resolved  to  concur  in 

'The  following  elections  were  made  :  Benjamin  liolfe,  Major  General; 
Rev.  John  G.  Dow,  Chaplain  ;  and  John  U.  Cotton  Superintendent  of 
the  Slate  Prison. 


366  Governor  and  Council — October  1829. 

said  several  orders  of  reference.  Recd-  also,  The  report  of  the  Commit- 
tee appointed  to  examine  the  Banks  ;  with  an  order  of  reference  thereon 
to  a  committee  of  three  members  of  the  House  of  Representatives,  to 
join  from  Council  ;  Whereupon,  Resolved  to  concur  in  said  order  of  ref- 
erence and  the  Lieut.  Governor  was  appointed  from  Council. 

Recd-  for  concurrence  in  passing,  the  following  resolution,  to  wit,  "Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  judiciary 
Committee  be  instructed  to  inquire  into  the  expediency  of  providing  by 
law  that  the  several  probate  Courts  shall  have  power,  on  the  application 
of  the  widow  or  heirs  of  any  intestate  estate,  to  grant  leave  to  the  Execu- 
tor or  administrator  to  sell  and  convey  lands,  tenements  or  heredita- 
ments, for  the  purpose  of  paying  the  debts  and  legacies  of  said  estate, 
when  it  can  be  shown  to  the  satisfaction  of  the  probate  court,  that  it 
would  be  for  the  interest  of  the  widow  and  heirs,  notwithstanding  the 
personal  property  is  not  disposed  of ;  and  report  by  bill  or  otherwise," 
which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said  resolution. 
Recd-  Also,  the  following  resolution,  to  wit,  ''Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  judiciary  Committee  be  instructed  to 
inquire  into  the  expediency  of  so  altering  the  law  in  relation  to  the  direc- 
tion of  writs,  that  they  shall  be  directed  to  any  Sheriff,  deputy  Sheriff,  or 
Constable  in  this  state,"  Which  was  read,  Whereupon,  Resolved  to  con- 
cur in  passing  said  resolution.  Recd-  also,  the  following  resolution,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
judiciary  Committee  be  instructed  to  inquire  into  the  expediency  of 
passing  a  law,  directing  the  appointment  of  county  commissioners  of 
sales,  to  act  as  collectors  of  land  taxes  in  their  respective  counties,  whose 
deed  shall  pass  a  perfect  title  to  the  land  by  them  conveyed,  and,  also,  to 
inquire  into  the  expediency  of  passing  a  law  to  prevent  the  transfer  of 
land,  which  is  claimed  by  an  adverse  vendue  title,"  which  was  read, 
Whereupon,  Resolved,  to  concur  in  passing  said  resolution.  Recd-  also, 
the  following  resolution,  to  wit,  "  Resolved,  the  Governor  and  Council 
concurring  herein,  that  the  Committee  on  roads  and  canals  be  directed 
to  inquire  into  tne  expediency  of  reducing  the  number  of  road  commis- 
sioners to  three  in  each  county  in  this  State,"  which  was  read,  Where- 
upon, Resolved  to  concur  in  passing  said  resolution. 

The  Lieut.  Governor,  on  motion  and  leave,  introduced  the  following, 
to  wit,  "  Resolved  that  a  committee  of  three  be  appointed  to  inquire  into 
the  power  of  the  Legislature  to  pass  laws  authorizing  aliens  to  hold 
lands  in  this  state,  and  report  thereon,"  which  was  read  and  passed,  & 
His  Honor  the  Lieut.  Governor,  and  Messrs.  Thompson  &  Deming  were 
appointed  a  committee  for  that  purpose. 

The  petition  of  George  Clark,  a  convict  in  the  State  prison,  was  taken 
up,  and  the  question  "  Shall  the  said  George  Clark  be  discharged  from 
the  State  prison,  on  condition  of  leaving  the  state  within  twenty  days  ?" 
was  determined  in  the  affirmative.  Yeas  11,  Nays  0.  Those  who  voted 
in  the  affirmative  were,  The  Lieut.  Governor,  Messrs.  Allen,  Clark  of 
Bennington  County,  Clark  of  Windham  County,  Davis,  Deming,  Harris, 
Hoyt,  Lyman,  Thompson  and  Worthington. 

The  petition  of  George  Craig,  a  convict  in  the  State  prison,  was  taken 
up,  and  the  question,  "  Shall  the  said  George  Craig  be  discharged  from 
the  State  prison  V"  was  determined  in  the  affirmative — Yeas  11.  Nays  0. 
Those  who  voted  in  the  affirmative  were,  the  Lieut.  Governor,  Messrs. 
Allen,  Clark  of  Benuingtou  County,  Clark  of  Windham  Couuty,  Davis, 
Deming,  Harris,  Hoyt,  Lyman,  Thompson  &  Worthington. 

The  petition  of  Caleb  Ulough  of  Norwich,  for  pardon  for  the  crime  of 
theft,  of  which  he  was  convicted,  on  the  11th  December  1824,  before  Elea- 
zer  T.  Raymond,  a  justice  of  the  peace  for  the  County  of  Windsor,  was  taken 


Governor  and  Council — October  1829.  367 

up,  and  the  question,  "  Shall  a  pardon  be  granted  to  the  said  Caleb 
Clough  ?"  was  determined  in  the  affirmative,  Yeas  11,  Nays  0.  Those, 
who  voted  in  the  affirmative,  were,  the  Lieut.  Governor,  Messrs.  Allen, 
Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis,  Dem- 
ing,  Harris,  Hoyt,  Lyman,  Thompson  aud  Worthington.  The  petitions 
of  the  following  convicts  in  the  state  prison,  were  taken  up,  to  wit,  Esek 
Comstock,  Francis  Clements,  Hiram  Lee,  alias  John  Crawford.  James 
P.  Brown,  Lewis  Baldwin,  John  Billington,  Edward  Earl,  William  Da- 
vis. Israel  W.  Freeman  &  Caleb  R.  Gillett,  aud  were  severally  Ordered 
to  be  dismissed.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  adjourn- 
ment. The  House  sent  up  for  concurrence  the  following  resolution,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
judiciary  Committee  be  instructed  to  inquire  what,  if  any,  alterations 
ought  to  be  made  in  an  act  entitled  '  an  act  relating  to  jails  ana  jailers 
and  for  the  relief  of  persons  imprisoned  therein,'  passed  Mar.  9.  1797,  & 
to  report  by  bill  or  otherwise,"  which  was  read,  Whereupon,  Resolved  to 
concur  in  passing  said  resolution. 

The  petition  of  P.  P.  Gee,  a  convict  in  the  State  prison,  was  taken  up, 
and  the  question  "  Shall  the  said  P.  P.  Gee,  be  discharged  from  the 
State  prison  ? "  was  determined  in  the  affirmative,  Yeas  7,  Nays  4. 
Those,  who  voted  in  the  affirmative,  were,  the  Lieut.  Governor,  Messrs. 
Clark  of  Bennington  County,  Harris,  Hoyt,  Langdon,  Lyman  &  Worth- 
ington. Those,  who  voted  in  the  negative,  were,  Messrs.  Allen,  Clark 
of  Windham  County,  Davis  &  Deming. 

The  petitions  of  William  Hawley,  Lucius  Hill  and  William  Jones, 
convicts  in  the  State  prison,  were  taken  up,  and  severally  Ordered  to  be 
dismissed.  The  petition  of  Samuel  Jones,  a  convict  in  the  State  prison, 
was  taken  up,  and  the  question  "Shall  the  said  Samuel  Jones  be  dis- 
charged from  the  State  prison?"  was  determined  in  the  affirmative, 
Yeas  12,  Nays  0,  the  Lieut.  Governor,  and  every  member  of  the  Council 
excepting  Mr.  Pierpoint,  who  was  absent,  voting  in  the  affirmative.  The 
petitions  of  Joel  B.  King,  Jesse  Lucas,  James  Murphy,  Arthur  O'Leary, 
David  O'Bryan,  Hezekiah  Shepherd  and  Thomas  J.  Severance,  convicts 
in  the  state  prison,  were  taken  up,  and  severally  Ordered  to  be  dismissed. 
The  petition  of  Neally  Norris,  a  convict  in  the  State  prison,  was  taken 
up,  and  the  question  "Shall  the  said  Neally  Norris  be  discharged  from 
the  State  prison  ?  "was  determined  in  the  affirmative,  Yeas  12,  Nays  0, 
the  Lieut.  Governor,  and  every  member  of  the  Council  excepting  Mr- 
Pierpoint,  who  was  absent,  voting  in  the  affirmative.  The  petition  of 
Daniel  Palmer,  a  state  prison  convict,  was  taken  up,  and  the  question, 
" Shall  the  said  Daniel  Palmer  be  discharged  from  the  State  prison?" 
was  determined  in  the  affirmative  —  Yeas  7,  Nays  5.  Those,  who  voted 
in  the  affirmative,  were  the  Lieut.  Governor,  Messrs.  Clark  of  Benning- 
ton County,  Clark  of  Windham  County,  Hoyt,  Langdon,  Lyman  and 
Thompson.  Those,  who  voted  in  the  negative,  were  Messrs.  Allen, 
Davis,  Deming,  Harris  and  Worthington.  Adjourned  to  9  o'clock  to- 
morrow morning. 


Thursday  Oct.  22, 1829.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up,  for  concurrence  in  the  reference,  the  following,  to  wit,  "An 
act  to  repeal  an  act  laying  a  tax  on  the  lands  in  Kingston,"  with  an 
order  of  reference  thereon  to  the  Land  Tax  Committee  ;  "An  act  to 
preserve  the  fish  in  Calais  in  Washington  County,  and  Woodbury  in  the 


368  Governor  and  Council — October  1829. 

County  of  Caledonia,"  with  an  order  of  reference  thereon  to  the  com- 
mittee on  the  petition  of  Wm-  Weed  and  others  ;  and  "An  act  in  addition 
to  an  act  to  incorporate  the  Vermont  Mutual  fire  insurance  company," 
with  an  order  of  reference  thereon  to  the  judiciary  Committee,  Where- 
upon, Resolved  to  concur  in  said  several  orders  of  reference.  Also, 
"An  act  directing  the  Treasurer  to  pay  Joshua  Y.  Vail  and  John  Mc 
Duffle,  the  sum  therein  mentioned,"  with  an  order  thereon,  rc-commit- 
ting  the  same  to  the  Committee  of  claims,  with  instructions  to  report 
the  facts  in  the  case  to  the  House.  Whereupon  Resolved  to  concur  in 
said  order  of  re-commitment.  Also,  "An  act  to  repeal  part  of  an  act 
therein  mentioned,"  with  an  order  of  reference  thereon  to  the  Committee 
on  Education,  Whereupon,  Resolved  to  concur  in  said  order  of  reference. 

The  House  sent  up  the  following  resolution,  for  concurrence  in  passing, 
to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein,  that 
both  hfluses  meet  in  the  Representatives'  room,  on  Friday  morning 
next,  at  ten  o'clock,  to  elect  three  commissioners  agreeable  to  an  act  for 
the  benefit  of  the  deaf  and  dumb,"  which  was  read,  Whereupon,  Resolved 
to  concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary 
inform  the  House  accordingly.  Also,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  Representatives'  room  on  Friday  next,  at  ten  o'clock 
in  the  forenoon,  for  the  purpose  of  electing  commissioners  of  common 
schools,"  which  was  read,  Whereupon,  Resolved  to  concur  in  passing 
said  resolution,  and  Ordered  that  the  Secretary  inform  the  House 
accordingly. 

Mr.  Dcniing  was  appointed  from  Council  on  the  Committee  of  Educa- 
tion, in  the  place  of  Mr.  Fierpoint,  who  was  absent. 

Messrs.  Thompson  and  Lyman,  to  whom  was  committed  the  bill,  en- 
titled "an  act  amending  an'act  entitled  'an  act  establishing  a  corpora- 
tion by  the  name  of  the  Sherburne  Turnpike  Company.'  passed  Nov.  G. 
182G,"  reported  the  same  with  the  following  amendment,  to  wit,  Strike 
out  the  word  "five"  in  the  eleventh  line — Which  amendmeut  was 
adopted,  Whereupon,  Resolved  to  concur  in  passing  said  bill  as  amended, 
and  Mr.  Thompson  was  appointed  to  assign  reasons  to  the  General  As- 
sembly. 

Recd-  from  the  House  the  following  engrossed  bills,  for  revision  and 
concurrence  or  proposals  of  amendment,  to  wit,  "An  act  for  the  relief  of 
Ursula  Fhoebe  Atkinson,  and  Joseph  Wm.  Atkinson,"  which  was  read, 
and  amended  by  inserting  after  the  word  "  bond,"  in  the  sixth  line  of  the 
second  section,  the  words  "  to  the  satisfaction  of  said  court,"  and  by  strik- 
ing out  the  words  '•  the  laws  of  this  stale  and  of  the  state  or  kingdom  in 
which  the  said  Joseph  William  shall,  at  the  commencement  of  his  major- 
ity, happen  to  reside,"  in  the  second  section,  and  inserting,  in  lieu  thereof, 
the  word  "law" — Whereupon,  Resolved  to  concur  in  passing  said  bill,  as 
amended,  and  Mr.  Thompson  was  appointed  to  assign  reasons  to  the 
General  Assembly.  Also,  "An  act  directing  the  Treasurer  to  pay  Cyrus 
Smith  the  sum  therein  mentioned,"  which  was  read,  Whereupon,  Re- 
solved, to  concur  in  passing  said  bill.  Also,  "An  act  granting  a  ferry  to 
Joel  Frost  &  William  Ruck,"  which  was  read,  Whereupon,  Resolved  to 
concur  in  passing  said  bill.  Also,  "An  act  authorizing  the  medical  soci- 
ety of  Caledonia  County  to  hold  their  meetinsrs  at  such  places  as  they 
think  proper,"  which  was  read,  Whereupon,  Resolved  to  concur  in  pass- 
ing said  bill.  Also,  "An  act  incorporating  certain  persons  therein  men- 
tioned by  the  name  of  the  National  Hydraulic  Company,"  Which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also,  "An 
act  in  addition  to  an  act  entitled  'an  act  lor  the  relief  of  Luther  Weld,' 
passed  Oct,  22.  1828,"  and  extending  the  time  for  the  payment  of  the 


Governor  and  Council — October  1829.  369 

sum  therein  mentioned  ";  which  was  read,  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill.  Also,  "An  act  altering  the  name  of  the  Gneiss 
Bottom  Manufacturing  Company  ";  which  was  read,  Whereupon,  Re- 
solved to  concur  in  passing  said  bill.  Also,  "An  act  to  incorporate  the 
Burlington  High  School," "which  was  read,  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill.  Also,  "An  act  granting  to  John  Catlin,  the  ex- 
clusive right  of  keeping  a  ferry  for  the  term  therein  mentioned,"  which 
was  read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Ordered 
that  the  Secretary  inform  the  House  of  the  passage  of  the  eight  last 
mentioned  bills. 

Received  a  communication  from  the  Speaker  of  the  House  of  Repre- 
sentatives, transmitting  a  resolution  of  that  body,  that  the  Governor  and 
Council  be  requested  to  [give  to]  the  Clerk  of  the  House  of  Representa- 
tives the  names  of  such  persons  as  may  be  appointed  on  joint  commit- 
tees from  the  Council,  during  the  remainder  of  the  Session,"  which  was 
read.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment. Recd-  from  the  House,  for  concurrence  in  the  reference,  the 
following,  to  wit,  Remonstrance  of  Zacheus  Senter  and  others,  with  an 
order  of  reference  to  the  Land  Tax  Committee,  Whereupon,  Resolved  to 
concur  in  said  order  of  reference.  Also,  "An  act  laying  a  tax  on  the 
lands  in  Charleston,"  with  an  order  of  the  House  thereon  recommitting 
the  same  to  the  Land  Tax  Committee,  Whereupon,  Resolved  to  concur 
in  said  order  of  re-commitment. 

The  petition  of  Thomas  W.  H.  Bartlett,  a  convict  in  the  State  prison, 
was  taken  up,  and  the  question,  "  Shall  the  said  Thomas  W.  H.  Bartlett 
be  discharged  from  the  State  prison  ?"  was  determined  in  the  affirma- 
tive. Yeas  11,  Nays  0,  the  Lieut.  Governor,  and  all  the  members  of 
the  Council,  excepting  Messrs.  Pierpoint  &  Thompson,  who  were  ab- 
sent, voting  in  the  affirmative.  The  petitions  of  the  following  state 
prison  convicts,  to  wit,  Jonathan  E.  Love,  Stephen  Stimson,  alias 
Thomas  White,  Zelmon  Shipley,  Norman  B.  Pier,  Leander  W.  Tarbell. 
John  Taylor,  Jeptha  Woodward,  Henry  Williams,  Daniel  Witherell, 
Edward  Welch,  and  Richard  Weare,  were  severally  taken  up,  and  Or- 
dered to  be  dismissed. 

The  petition  of  George  Williams,  a  state  prison  convict,  was  taken  up 
&  Ordered  to  be  dismissed. 

The  resolutions  instructing  our  Senators  and  requesting  our  repre- 
sentatives in  Congress  to  use  their  influence  to  procure  such  alterations 
of  the  Militia  laws,  as  were  therein  named,  &  which  were,  on  the  20th 
instant,  laid  on  the  table,  were  taken  up,  Whereupon,  Resolved  to  con- 
cur in  passing  said  resolutions,  and  Ordered  tfiat  the  Secretary  inform 
the  House  accordingly. 

The  committee,  appointed  on  the  21st  instant,  "to  inquire  into  the 
power  of  the  Legislature  to  pass  laws,  authorizing  aliens  to  hold  lands 
in  this  State,"  made  report,  '•  That,  by  the  39th  section  of  the  constitu- 
tion of  this  State,  it  is  provided,  that  every  person  of  good  character, 
who  comes  to  settle  in  this  State,  having  first  taken  the  oath  of  allegi- 
ance to  the  same,  may  purchase,  or  by  other  means  acquire,  hold  and 
transfer  land  &  other  real  estate."  Whatever  necessity  may  exist  in 
extraordinary  cases  to  make  provision  for  non-resident  aliens  to  hold 
real  estate  in  this  State,  your  Committee  are  of  opinion  that  the  constitu- 
tion fully  provides  for  the  cases  contemplated  by  the  bills  on  that 
subject,  now  on  your  table  ;  —  that  any  law,  in  favor  of  resident  aliens, 
would  be  useless,  if  not  exceeding  the  power  of  the  Legislature.  We, 
therefore,  recommend  that  the  Council  do  not  concur  in  passing  the 

24 


370  Governor  and  Council — October  1829. 

bills  referred  to.    H.  Olin,  for  committee."    Which  report  was  read,  and 
Ordered  to  lie  on  the  table. 
Adjourned  to  9  o'clock  to-morrow  morning. 


Friday  Oct.  23, 1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Recd* 
from  the  House,  the  following  resolution  of  that  body  of  the  22d-  instant, 
for  concurrence  in  passing,  to  wit,  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  both  Houses  meet  in  joint  committee,  in  the 
representatives'  room,  at  ten  o'clock,  on  Friday  morning  next,  to  elect 
a  brigadier  General  in  the  first  brigade  &  fourth  division  of  the  Militia 
of  Vermont."  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolution,  and  Ordered  that  the  Secretary  inform  the 
House  accordingly. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  "An  act  repealing  an  act  therein  mentioned,"  with  an  order  of 
reference  thereon,  to  the  Land  Tax  Committee  ;  "An  act  relating  to  the 
arch  bridge  across  West  river  in  Jamaica,"  with  an  order  of  reference 
thereon  to  the  Committee  on  roads  &  canals  ;  The  petition  of  Thomas 
W.  Laughlin,  with  an  order  of  reference  thereon  to  the  committee 
appointed  on  the  petition  of  Abraham  Tourtelot ;  Whereupon,  Resolved 
to  concur  in  said  several  orders  of  reference. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolution, 
to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
Committee  of  Ways  &  Means  be  instructed  to  inquire  into  the  expedi- 
ency of  passing  a  law  authorizing  the  several  towns  in  this  state  to 
make  such  laws  &  regulations,  as  shall  be  deemed  necessary  and  expe- 
dient to  prevent  the  catching,  killing  or  destroying  of  fish  in  the  waters 
of  their  respective  towns  ;  and  report  by  bill  or  otherwise."  Which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  resolution.  Recd- 
also,  the  following,  to  wit,  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  judiciary  Committee  be  discharged  from  a  farther 
consideration  of  the  petition  of  Alexander  Fleming  and  others,  now 
before  the  judiciary  Committee,  and  that  the  same  be  referred  to  the 
Committee  on  roads  &  canals,"  Which  was  read,  Whereupon,  Resolved 
to  concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary 
inform  the  House  accordingly.  Recd-  also,  the  following  resolution,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
judiciary  committee  be  instructed  to  inquire  into  the  constitutionality 
and  expediency  of  providing  by  law  against  the  overruling  any  statute 
law  of  this  state,  as  being  unconstitutional,  except  four  of  the  judges  of 
the  Supreme  Court,  and  three  in  the  County  Court,  shall  concur,  & 
report  by  bill  or  otherwisl"  ;  Which  was  read*  Whereupon,  Resolved  to 
concur  in  passing  said  resolution. 

The  Governor  and  Council  attended  in  the  Representatives'  room,  for 
the  purpose  of  electing  County  officers,  a  board  of  commissioners  of  com- 
mon schools,  commissioners  under  the  act  for  the  benefit  of  the  deaf  and 
dumb,  and  a  brigadier  general  of  the  first  brigade  &  fourth  division  of 
the  militia  of  Vermont  ;  — after  which  they  returned  to  their  chamber. 
Adjourned  to  2  o'clock  P.  M.1 

1  The  following  elections  were  made:  Chauncey  Langdon,  John  Smith 
of  St.  Albans,  and  Wyllys  Lyman,  Commissioners  of  Deaf  and  Dumb  ; 
William  Hall,  William  Page,  Jacob  Collamer,  Benjamin  F.  Bailey,  and 
Ephraim  Paddock,  School  Commissioners;  and  Joshua  P.  Burnham, 
Brig.  General. 


Governor  and  Council — October  1829.  371 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  for  revision  and  concurrence  or  propo- 
sals of  amendment,  the  following  engrossed  bill,  to  wit,  "An  act  relating 
to  the  bridge  across  White  river  in  Bethel,"  which  was  read,  Where- 
upon, Mr.  Thompson  moved  to  non  concur  in  passing  said  bill,  and  said 
motion  being  put,  it  was  determined  in  the  negative,  and  said  bill  was 
then  Ordered  to  be  committed  to  the  Lieut.  Governor  and  Mr.  Langdon, 
with  instructions  to  report  such  amendments  as  would  render  the  pro- 
visions thereof  general. 

The  House  sent  up  an  engrossed  bill,  entitled  "  An  act  in  addition  to 
an  act  entitled  '  an  act  ascertaining  the  principles  on  which  the  list  of 
this  State  shall  be  made,  and  directing  listers  in  their  office  and  duty,' 
passed  Nov.  17.  1825,"  Which  was  read.  Whereupon,  Mr.  Langdon 
moved  to  concur  in  passing  said  bill,  and  said  motion  being  put,  it  was 
determined  in  the  negative.  It  was  then,  on  motion  of  Mr.  Thompson, 
Besolved  not  to  concur  in  passing  said  bill,  and  Lieut.  Governor  Olin 
was  appointed  to  prepare  reasons  in  writing 

The  report  of  the  committee  appointed  "  to  inquire  into  the  power  of 
the  Legislature  to  pass  acts  authorizing  aliens  to  hold  lands,"  which  was 
yesterday  laid  on  the  table,  was  taken  up  and  accepted. 

Rccd-  for  revision  &  concurrence  or  proposals  of  amendment,  an  en- 
grossed bill,  entitled  "An  act  authorizing  Hugh  Tom  to  hold  and  convey 
real  estate,"  which  was  read,  Whereupon.  Resolved  not  to  concur  in  pass- 
ing said  bill,  and  Mr.  Deming  was  appointed  to  prepare  reasons  in  wri- 
ting. Recd-  also,  an  engrossed  bill,  entitled  "An  act  authorizing  William 
Cubley  to  hold  and  convey  real  estate,"  which  was  read,  Whereupon, 
Resolved  not  to  concur  in  passing  said  bill,  and  Mr.  Deming  was  ap- 
pointed to  prepare  reasons  in  writing.  Adjourned  to  9  o'clock  tomor- 
row morning. 


Saturday  Oct.  24, 1829.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Mr.  Ly- 
man moved  to  re-consider  the  vote  of  yesterday,  non-concurring  in  the 
passage  of  the  bill  entitled  "  An  act  in  addition  to  an  act,  entitled  '  an 
act  ascertaining  the  principles  on  which  the  list  of  this  state  shall  be 
made  &  directing  listers  in  their  office  and  duty,'  passed  Nov.  17,  1825," 
Which  motion  being  put,  it  was  determined  in  the  affirmative,  and  it 
was  Ordered  that  said  bill  be  committed  to  Messrs.  Deming  and  Hoyt  to 
consider  and  report  thereon. 

Mr.  Deming,  who  was  appointed  to  prepare  reasons  in  writing  for  non- 
concurring  in  the  passage  of  the  engrossed  bills,  entitled  "An  act  author- 
izing Hugh  Tom  to  hold  and  convey  real  estate,"  and  "An  act  authorizing 
William  Cubley  to  hold  and  convey  real  estate,"  reported  the  fol- 
lowing to  wit,  "  The  foregoing  bills  purport  to  convey  the  right  of  hold- 
ing real  estate  to  certain  persons  residing  within  this  state,  who  are 
aliens  not  naturalized.  By  the  39th  section  of  the  Constitution  of  this  state 
it  is  prpvided  that  every  person  of  good  character,  who  comes  to  settle 
in  this  State,  having  first  taken  an  oath  or  affirmation  of  allegiance  to  the 
same,  may  purchase,  or  by  other  just  means,  acquire,  hold  and  transfer 
land  or  other  real  estate.  The  Governor  and  Council  are  of  opinion  that 
the  foregoing  provision  in  the  Constitution  fully  provides  for  the  case 
contemplated  in  said  bills,  and  that  they  are  wholly  useless,  and,  there- 
fore, inexpedient.  Besides,  it  may  be  doubted  whether  the  said  bills  are 
not  repugnant  to  the  Constitution,  inasmuch  as  they  dispense  with  the 
oath  of  fealty,  which  the  Constitution  has  made  an  essential  pre-requi- 


372  Governor  and  Council — October  1829. 

site  in  such  cases,"  which  were  adopted  ;  "Whereupon,  it  was  Ordered 
that  the  Secretary  return  said  bills  to  the  House  with  the  reasons  afore- 
said. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  The  petition  of  the  President,  Directors  and  Company  of  the  Ver- 
mont Salt  Manufacturing  Company,  with  an  order  of  reference  thereon 
to  a  committee  of  two  members  of  the  House,  to  join  from  Council. 
Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr.  Ly- 
man was  appointed  from  Council ;  Also,  "An  act  to  incorporate  certain 
persons  therein  named  by  thcname  of  the  Champlain  Dock  Company," 
with  an  order  of  reference  thereon  to  the  committee  on  roads  and  canals. 
"An  act  to  incorporate  the  Burlington  Fire  Company,"  with  an  order  of 
reference  thereon  to  the  Committee  of  Manufactures  ;  and  "An  act 
providing  for  publishing  the  reports  of  the  Supreme  Court,"  with  an 
order  of  reference  thereon  to  the  judiciary  committee  ;  Whereupon, 
Resolved  to  concur  in  said  several  orders  of  reference.  Recd-  also,  "An 
act  for  the  relief  of  poor  debtors,"  with  an  order  of  the  House  thereon 
that  the  same  be  re-committed  to  the  judiciary  Committee,  Whereupon, 
Resolved  to  concur  in  said  order  of  re-commitment. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  Committee  on  Education  be  instructed  to  inquire  into  the 
expediency  of  so  altering  or  amending  the  providing  clause  of  the 
eleventh  section  of  an  act,  entitled  'an  act  for  the  support  of  common 
schools,*  passed  Nov.  [9]  1827,  as  that  district  schools  shall  be  supported 
on  the  scholar,  and  make  report  by  bill  or  otherwise,"  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  resolution.  Recd-  also, 
the  following  resolutions,  to  wit,  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  the  senators  of  this  state,  in  the  congress  of  the 
United  States,  be  instructed,  and  the  representatives  requested  to  use 
their  influence  to  cause  an  act  to  be  passed,  by  Congress,  for  constructing 
fortifications  on  the  north  point  of  Vineyard  [Isle  La  Motte,]  and  on 
the  great  shoals  between  said  point  and  point  Au  Fer,  in  the  state  of 
New  York,  and  for  making  the  necessary  appropriations."  "  Resolved, 
that  the  Secretary  of  State  be  directed  to  transmit  a  copy  of  the  fore- 
going resolution  to  each  of  the  Senators  and  representatives  from  this 
State  in  the  Congress  of  the  United  States,"  Which  were  read,  and 
Ordered  to  lie  on  the  table. 

The  House  sent  up,  for  revision  and  concurrence  or  proposals  of 
amendment,  the  following  engrossed  bill,  to  wit,  "An  act  establishing 
an  Academy  at  Manchester,  in  the  County  of  Bennington,"  which  was 
read  and  Ordered  to  be  committed  to  Mr-  Clark  of  Bennington  County  to 
consider  and  report  thereon. 

The  petition  of  Ralph  Potter,  a  convict  in  the  State  prison,  was  taken 
up,  and  the  question  ;t  Shall  the  said  Ralph  Potter  be  discharged  from 
the  State  prison  ?"  was  determined  in  the  affirmative,  Yeas  6,  Nays  2. 
Those,  who  voted  in  the  affirmative,  were,  the  Lieut.  Governor,  Messrs. 
Clark  of  Bennington  County,  Davis,  Deming,  Hoyt  &  Worthington. 
Those,  who  voted  in  the  negative,  were,  Messrs.  Allen  &  Lyman. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Deming  was  appointed  from  Council,  on  the  Joint 
Committee  on  the  petition  of  Elijah  Clark  &  others,  in  the  place  of  Mr. 
Pierpoint,  who  was  absent. 

Mr.  Langdon,  on  motion,  had  leave  of  absence  for  the  remainder  of 
this  day. 


Governor  and  Council — October  1829.  373 

The  petition  of  Jeremiah  Bradley,  a  convict  in  the  State  prison,  was 
called  up,  and  Ordered  to  be  dismissed. 

The  Lieut.  Governor,  to  whom  &  Mr.  Langdon,  was  committed  the 
engrossed  bill,  entitled  "  an  act  relating  to  the  bridge  across  White  river 
in  Bethel,"  reported  the  same  with  the  following  proposals  of  amend- 
ment, to  wit,  M  Strike  out  all  the  title  after  the  word  "  to  "  and  insert,  in 
lieu  thereof,  the  following,  "bridges  in  the  several  towns  in  this  state." 
Strike  out  all  of  the  first  section  after  the  word  "  that "  in  the  second 
line,  and  insert,  in  lieu  thereof,  the  following,  to  wit,  "  the  selectmen  of 
any  town  in  this  state,  where  there  is  any  public  bridge,  with  string 
pieces,  thirty  feet  in  length  between  the  supports,  on  which  they  lie,  or 
any  bridge  supported  by  one  or  more  arches,  may.  from  time  to  time, 
whenever  they  shall  think  proper,  set  up,  at  each  end  of  the  bridge,  a 
plain  and  legible  direction,  forbidding  all  persons  driving  any  horse  or 
other  beast  on  such  bridge  faster  than  a  walk,  or  to  drive  more  than  one 
loaded  team  on  any  one  tier  of  string  pieces,  or  on  any  one  arch,  at  the 
same  time,  or  to  drive  more  than  twenty  head  of  cattle,  horses  or  mules 
on  any  one  tier  of  string  pieces  or  any  one  arch,  at  the  same  time  ;  And 
any  person,  who  shall  violate  such  direction,  while  the  same  shall  be 
posted  up,  as  aforesaid,  shall  forfeit  to  the  town  or  either  of  the  towns, 
in  which  such  bridge  is  situated,  for  every  such  offence,  the  sum  of  one 
dollar,  and,  also  all  damages  that  may  have  been  done  to  such  bridge  by 
the  violation  of  such  direction,  with  full  costs,  to  be  recovered  by  an  ac- 
tion on  the  case,"  Which  amendments  were  adopted,  and  Lieut.  Gov. 
Olin  was  appointed  to  prepare  reasons,  who  forthwith  reported  the  fol- 
lowing, to  wit,  "  The  Governor  and  Council  assign  the  following  reason 
for  the  amendment  proposed  to  the  bill,  viz.  They  believe  it  more  proper 
to  embrace  the  subject  in  a  general  law  than  to  legislate  for  each  partic- 
ular case  " — Which  reasons  were  adopted,  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill  as  amended,  and  Ordered  that  the  Secretary  no- 
tify the  House  accordingly,  and  return  the  reasons  aforesaid. 

The  petition  of  Joseph  A.  Carpenter,  a  convict  in  the  state  prison,  was 
taken  up,  and  the  question,  "  Shall  the  said  Joseph  A.  Carpenter  be  dis- 
charged from  the  State  prison  ?"  was  determined  in  the  affirmative,  Yeas 
7,  Nays  2.  Those,  who  voted  in  the  affirmative,  were,  the  Lieut.  Gover- 
nor, Messrs.  Clark  of  Bennington  County,  Clark  of  Windham  Count}', 
Davis,  Deming,  Hoyt  and  Worthington.  Those,  who  voted  in  the  neg- 
ative, were  Messrs.  Allen  &  Lyman.  The  petition  of  Eli  Peck,  a  state 
prison  convict,  was  taken  up,  and  the  question,  "  Shall  the  said  Eli  Peck 
be  discharged  from  the  state  prison  ?"  was  determined  in  the  affirma- 
tive. Yeas  8,  Nays  1.  Those,  who  voted  in  the  affirmative,  were,  the 
Lieut.  Governor,  Messrs.  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County,  Davis,  Deming,  Hoyt,  Lyman  and  Worthington.  The 
member  voting  in  the  negative  was  Mr.  Allen.  The  petitions  of  Abner 
M.  Sherman  and  Cornelius  Smith,  convicts  in  the  State  prison,  were 
taken  up,  and  severally  Ordered  to  be  dismissed.  Adjourned  to  9  o'clock 
Monday  morning. 


Monday  Oct.  26, 1829.  9  O'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  Received  a 
communication  from  the  Speaker  of  the  House  of  Representatives,  inform- 
ing that  the  House  had  concurred  in  the  amendments  proposed  by  the 
Governor  and  Council  to  the  following  engrossed  bills,  to  wit,  "  An  act 
amending  an  act  entitled  'an  act  establishing  a  corporation  by  the  name 
of  the  Sherburne  Turnpike  Company,'  passed  Nov.  6. 1826,"  and  "an  act  for 


874  Governor  and  Council — October  1829. 

the  relief  of  Ursula  Phoebe  Atkinson  and  Joseph  William  Atkinson," 
which  was  read.  Recd-  from  the  House  of  Representatives,  for  concurrence 
in  the  reference,  the  following,  to  wit,  The  petition  of  John  Holbrook  and 
others,  with  an  order  of  reference  thereon  to  the  Committee  on  roads 
and  canals  ;  "An  act  in  addition  to  an  act  entitled  'an  act  defining  the 
powers  of  justices  of  the  peace  within  this  state,"'  with  an  order  of 
reference  thereon  to  the  judiciary  Committee;  "An  act  repealing  certain 
laws  of  this  state,  which  make  a  discrimination  between  free-holders  and 
non-freeholders,  as  eligible  to  office,"  with  an  order  of  reference  thereon 
to  the  judiciary  Committee  ;  "An  act  repealing  a  part  of  an  act  therein 
mentioned,"  and  "An  act  in  addition  to  an  act  entitled  'an  act  relating 
to  jails  and  jailers  and  for  the  relief  of  persons  imprisoned  therein,"  with 
an  order  of  reference  on  each  of  the  two  last  mentioned  to  the  General 
Committee  ;  Whereupon,  Resolved  to  concur  in  said  several  orders  of 
reference. 

The  House  sent  up,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  judiciary  committee  be  instructed  to  inquire  into  the  expediency 
of  so  altering  or  amending  the  probate  laws  of  this  state,  as  that  the 
several  probate  Courts  ot  this  state  shall  have  the  power  to  change  the 
guardians  of  minor  heirs,  at  the  request  of  said  guardians,  and  report  by 
bill  or  otherwise,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolution. 

The  House  sent  up  for  revision  and  concurrence  or  proposals  of 
amendment  the  following  engrossed  bill,  to  wit,  "An  act  to  incorporate 
the  Green  river  manufacturing  Company."  Mr«  Langdon  moved  that  the 
Governor  and  Council  do  not  concur  in  passing  said  bill,  and  the  ques- 
tion being  taken  on  said  motion  it  was  determined  in  the  negative. 
Whereupon,  Resolved  to  concur  in  passing  said  bill,  and  Ordered  that 
the  Secretary  inform  the  House  accordingly. 

Recd-  Also,  the  following  engrossed  bill,  to  wit,  "  An  act  directing  the 
Treasurer  to  pay  William  Forbes  the  sum  therein  mentioned"  ;  which 
was  read.  Whereupon,  Resolved  to  concur  in  passing  said  bill,  and 
Ordered  that  the  Secretary  notify  the  House  accordingly.  Recd-  also, 
the  following  engrossed  bill,  to  wit,  "An  act  to  revive  an  act,  entitled 
'an  act  laying  a  tax  on  the  lands  in  Kingston,'  passed  Oct.  24.1828" 
which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said  bill  and 
Ordered  that  the  Secretarv  notify  the  House  accordingly.  Recd-  also, 
the  following  engrossed  bill,  to  wit.  "An  act  to  repeal  an  act  entitled 
1  an  act  to  preserve  fish  in  Woodford  pond,' "  which  was  read,  Whereupon 
Resolved  to  concur  in  passing  said  bill,  and  Ordered  that  the  Secretary 
notify  the  House  accordingly. 

Recd-  also,  the  following  engrossed  bill,  to  wit,  "An  act  annexing  the 
town  of  Warren  in  the  County  of  Addison,  to  the  County  of  Washington, 
and  for  other  purposes,"  which  was  read  &  Ordered  to  be  committed  to 
Messrs.  Langdon  &  Lyman  to  consider  and  report  thereon.  Adjourned 
to  2  o'clock  P.  M. 

2  O'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  for  revision  and  concurrence  or  pro- 
posals of  amendment,  the  following  engrossed  bills,  to  wit,  "An  act  in 
addition  to  an  act,  entitled  'an  act  regulating  marriage  and  divorce,' 
passed  Feb.  28.  1797,"  which  was  read,  Whereupon,  Resolved  to  concur 
in  passing.  Also,  an  engrossed  bill,  entitled  "An  act  incorporating  a 
fire  company  in  the  village  of  S*-  Albans,"  which  was  read.  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Also,  an  engrossed  bill,, 
entitled   "An  act  incorporating  the  Rutland  fire  society,"  which  was 


Governor  and  Council — October  1829.  375 

read.  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also,  an 
engrossed  bill,  entitled  "An  act  repealing  an  act  entitled  'An  act  to 
preserve  the  fish  in  the  streams  running  in  and  through  the  town  of 
Bennington,  in  the  County  of  Bennington,' "  which  was  read,  Where- 
upon, Itesolvecl  to  concur  in  passing  said  bill.  Also,  an  engrossed  bill, 
entitled  "An  act  to  repeal  an  act  therein  mentioned,"  which  was  read. 
Whereupon  Resolved  to  concur  in  passing  said  bill.  Also,  an  engrossed 
bill,  entitled  "An  act  providing  a  compensation  to  the  superintendant 
of  the  state  prison,  for  the  current  year,"  which  was  read,  whereupon, 
Resolved  to  concur  in  passing  said  bill.  Also,  an  engrossed  bill,  entitled 
"An  act  annexing  the  towns  of  Pawlet,  Danby  and  Mount  Tabor,  in  the 
County  of  Rutland,  to  the  second  Congressional  district,  and  to  repeal 
a  part  of  an  act  therein  mentioned,"  which  was  read,  Whereupon,  Re- 
solved to  concur  in  passing  said  bill.  Also,  an  engrossed  bill,  entitled 
"An  act,  directing  the  Treasurer  to  pay  Joel  Houghton  the  sum  therein 
mentioned,"  which  was  read,  Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Ordered,  that  the  Secretary  inform  the  House  of  the  passage 
of  the  eight  bills  last  mentioned. 

Recd-  also,  the  following  engrossed  bill,  to  wit,  "  An  act  in  addition  to 
'an  act  establishing  permanent  salaries  for  certain  officers  and  for  regu- 
lating certain  fees  and  taxable  costs,' "  which  was  read,  and  amended  by 
striking  out  the  words  "  thirty-four  "  in  the  fourth  line  of  the  first  sec- 
tion, and  inserting,  in  lieu  thereof,  the  words  "  twenty-five,"  Where- 
upon, Resolved  to  concur  in  passing  said  bill  as  amended,  and  Mr.  Ly- 
man was  appointed  to  prepare  and  report  reasons  for  said  amendment. 

Mr.  Clark  of  Bennington  County,  to  whom  was  committed  the  en- 
grossed bill,  entitled  "An  act  establishing  an  academy  at  Manchester  in 
the  County  of  Bennington,"  reported  the  same  with  the  following  pro- 
posals of  amendment,  to  wit,  Insert  after  the  word  "institution,"  in  the 
second  line  of  the  sixth  section,  the  words  "  and  the  land  on  which  said 
buildings  shall  be  erected,  not  exceeding  two  acres,  with  a,"  and  after 
the  word  "  institution,"  in  the  third  line  of  the  sixth  section,  the  words, 
"  and  such  sum  or  suras  of  money,  as  are,  or  hereafter  may  be,  seques- 
tered to  and  for  the  use  of  said  institution,  and  shall  produce  an  annual 
rent,  or  interest,  of  six  hundred  dollars,"  Which  amendments  were 
adopted,  Whereupon,  Resolved  to  concur  in  passing  said  bill  as  amended, 
and  Mr.  Clark  of  Bennington  County  was  appointed  to  prepare  and  re- 
port reasous. 

Mr.  Lyman,  who  was  appointed  to  prepare  and  report  reasons  for  the 
amendment  proposed  to  the  engrossed  bill,  entitled  "An  act,  in  addition 
to  'an  act  establishing  permanent  salaries  for  certain  officers,  and  for  reg- 
ulating certain  fees  and  taxable  costs,' "  reported  the  following,  to  wit, 
"  That,  in  the  opinion  of  the  Governor  and  Council,  the  sum  of  one  dol- 
lar and  twenty-five  cents  per  week,  is  an  adequate  compensation  in  the 
case  mentioned  in  said  bill,"  Which  was  adopted,  and  Ordered,  that  the 
Secretary  return  said  bill  to  the  House  with  the  amendments  thereto, 
and  the  reasons  aforesaid. 

The  engrossed  bill  entitled  "  an  act  in  addition  to  an  act  entitled  '  an 
act  ascertaining  the  principles  on  which  the  list  of  this  state  shall  be 
made,  and  directing  listers  in  their  office  and  duty,'  passed  Nov.  17. 
1825,"  which  was,  on  Saturday  last,  committed  to  Messrs.  Deming  and 
Hoyt,  was  taken  up  and  amended  by  striking  out  all  after  the  enacting 
clause,  and  the  said  bill  was,  then,  Ordered  to  be  committed  to  Messrs. 
Deming,  Hoyt  and  Clark  of  Bennington  County,  to  consider  and  report 
thereon. 

The  joint  resolution  which  was,  on  the  24th  instant,  laid  on  the  table, 
instructing  our  Senators  and  requesting  our  Representatives  in  Congress, 


376  Governor  and  Council —  October  1829. 

relative  to  certain  fortifications  proposed  to  be  erected  in  Lake  Cham- 
plain,  was  taken  up,  and  Ordered  to  be  committed  to  Messrs.  Davis  and 
Clark  of  Windham  County,  to  consider  and  report  thereon.  Adjourned 
to  9  o'clock  to-morrow  morning. 


Tuesday  Oct.  27, 1829.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  Benjamin 
Swan,  Treasurer  of  the  State  of  Vermont,  appeared  in  the  Council 
Chamber  and  presented  his  official  bond,  with  sureties,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  said  office  for  the  year  ensuing; 
which  was  approved  by  the  Governor  and  Council,  and  he  was  duly 
sworn,  as  Treasurer,  as  aforesaid,  by  His  Excellency  the  Governor. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  The  petition  of  Sylvanus  Ripley,  and  The  petition  of  Nathan  White, 
with  an  order  of  reference  on  each  to  the  Committee  of  claims  ;  "An  act 
granting  to  Asahel  Barns  the  exclusive  right  of  a  ferry,"  with  an  order 
of  reference  thereon  to  the  Committee  on  roads  and  canals  ;  "An  act  in 
addition  to  '  an  act,  incorporating  certain  persons  therein  named  by  the 
name  of  the  Woodstock  Fire  Society,'  "  with  an  order  of  reference  thereon 
to  the  Committee  of  manufactures,  and  The  petition  of  David  Harring- 
ton, with  an  order  of  reference  thereon  to  the  Committee  of  Insolvency  ; 
Whereupon,  Besolved  to  concur  in  said  several  orders  of  reference. 

Recd-  from  the  House  of  Representatives,  for  concurrence  in  passing, 
the  following  resolution,  td"  wit,  "  Resolved,  the  Governor  and  Council 
concurring  herein,  that  both  Houses  meet  in  the  Representatives'  room, 
on  Wednesday  morning  next,  to  elect  three  directors  of  the  Vermont 
State  Bank,  and  a  committee  to  inspect  the  several  banks  in  this  State 
and  make  report  at  the  next  session  of  the  Legislature,"  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  resolution,  and  Ordered 
that  the  Secretary  notify  the  House  accordingly.  Received,  also,  the 
following  resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  judiciary  Committee  be  directed  to  inquire  into 
and  report  to  this  House  the  cause  of  the  delay  in  the  administration  of 
justice  in  our  County  and  Supreme  Courts,  and  also  the  amount  of  per- 
quisites taken  annually  by  the  Supreme  Court,  and  also  how  much  of 
their  time,  if  any,  they  are  required  by  the  duties  of  their  office  to  devote 
to  trying  and  determining  causes,  and,  also,  whether  they  are  entitled 
to  their  salaries,  in  part  or  in  whole,  when  said  judges  neglect  to  per- 
form their  duties,"  which  was  read,  Whereupon,  Besolved  to  concur  in 
passing  said  resolution.  Received,  also,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Com- 
mittee on  roads  and  canals  be  instructed  to  inquire  into  the  expediency 
of  providing  by  law,  that  notice  of  petitions  for  locks,  canals,  and  rail- 
roads shall  be  given  in  the  public  newspapers  of  this  state,  previous  to 
the  session  of  the  Legislature  to  which  such  petition  is  preferred," 
Which  was  read,  Whereupon,  Besolved  to  concur  in  passing  said  resolu- 
tion. Received,  also,  the  following  resolution,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  judiciary  Committee 
be  directed  to  inquire  into  the  expediency  of  providing  by  law  for  the 
better  security  and  discharge  of  bail,  in  all  actions  cognizable  before  jus- 
tices of  the  peace,  within  the  several  counties  in  this  State,  as  is  provi- 
ded by  law  in  the  several  County  and  Supreme  Courts  of  the  same,  and 
report  by  bill  or  otherwise,"  which  was  read,  Whereupon,  Besolved  to  con- 
cur in  passing  said  resolution.  Received,  also,  the  following  resolution, 
to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that 


Governor  and  Council — October  1829.  377 

both  Houses  meet  in  the  Representatives'  room,  on  Friday  morning, 
this  week,  at  7  o'clock,  for  the  purpose  of  adjourning  the  Legislature 
without  day  ";  Which  was  read,  and  Ordered  to  lie  on  the  tabie. 

The  House  sent  up  for  revision  &c.  the  following  engrossed  bill,  to 
wit,  "An  act  relating  to  the  collection  of  State  taxes,"  which  was  read  & 
Ordered  to  be  committed  to  Mr-  Clark  of  Bennington  County  to  consider 
&  report  thereon.  Also  an  engrossed  bill  of  the  following  title,  to  wit, 
"An  act  in  addition  to  an  act  entitled  '  an  act  constituting  the  Supreme 
Court  of  judicature  and  County  Courts,  defining  their  powers  and 
regulating  judicial  proceedings,'"  Which  was  read,  and  Ordered  to  be 
committed  to  Messrs.  Thompson  and  Davis  to  consider  and  report 
thereon. 

Jteceived,  Also,  an  engrossed  bill  of  the  following  title,  to  wit,  "An  act 
laying  a  tax  on  the  lands  in  Goshen  Gore  in  the  County  of  Caledonia," 
Which  was  read,  Whereupon  Resolved,  to  concur  in  passing  said  bill. 
Recd-  also,  an  engrossed  bill,  entitled  "An  act  granting  the  town  of 
Shrewsbury  a  further  time  to  build  a  road  in  said  town,"  which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Ilecd-  also, 
for  revision  &c.  an  engrossed  bill  of  the  following  title,  to  wit,  "An  act 
in  alteration  and  amendment  of  an  act,  passed  Oct.  30.  1828,  directing 
the  times,  in  which  a  road  through  Ryegate,  in  the  County  of  Caledonia, 
shall  be  made,  and  repealing  an  act  therein  mentioned,"  which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Reed-  also, 
an  engrossed  bill,  for  revision  &c.  entitled  "An  act  in  addition  to  'an  act 
providing  for  the  building  of  a  State  prison,"  which  was  read,  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision 
&c.  an  engrossed  bill,  entitled  "An  act  directing  the  Treasurer  to  pay 
the  sum  therein  mentioned."  which  was  read,  Whereupon,  Resolved  to 
concur  in  passing  said  bill.  Recd-  also,  for  revision  &c.  an  engrossed 
bill,  entitled  "An  act  directing  the  Treasurer  to  pay  Joshua  Y.  Vail  and 
John  McDuffie,  the  sum  therein  mentioned,"  which  was  re,ad,  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision 
&c.  an  engrossed  bill,  entitled  "An  act  extending  the  time  for  making  a 
road  in  the  towns  of  Eden,  Kelly  vale,  Westfield  and  Troy."  Which  was 
read.  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd  also, 
for  revision  &c.  an  engrossed  bill,  entitled  "An  act  in  addition  to  an  act 
entitled  'an  act  defining  the  powers  of  justices  of  the  peace  within  this 
state,'  passed  Mar.  4.  1797,"  which  was  read,  Whereupon,  Resolved  to 
concur  in  passing  said  bill.  Recd-  also,  for  revision  &c.  an  engrossed 
bill,  entitled  "An  act  in  addition  to  an  act  entitled  'an  act  appointing 
Notaries  public,  and  declaring  their  office  and  duty,'"  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Ordered  that  the 
Secretary  notify  the  House  of  the  passage  of  *,he  nine  bills  last  mentioned. 

Recd-  from  the  House,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  Jedediah 
H.  Harris  of  Strafford  and  William  Steele  of  Sharon  be  and  hereby  are 
appointed  a  committee  to  attend  at  the  Vermont  state  prison,  in  the 
month  of  September  next,  to  make  an  appraisal  and  inventory  of  all  the 
property  belonging  to  said  prison,  and,  also,  to  settle  with  the  Superin- 
tendent and  investigate  all  the  accounts  of  said  prison,  and  report  to  the 
next  session  of  the  Legislature,"  Which  was  read,  Whereupon,  Resolved 
to  concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary  no- 
tify the  House  accordingly. 

On  motion  of  Mr.  Langdon,  the"  vote  of  this  morning,  concurring  in 
the  resolution  of  the  House,  directing  the  Judiciary  Committee  to  in- 
quire relative  to  the  duties  &  salaries  of  the  Supreme  Court  &c.  was  re- 
considered, and  said  resolution  was  Ordered  to  lie  on  the  table. 


378  Governor  and  Council — October  1829. 

Mr.  Lyman,  to  whom  and  Mr.  Langdon  was  committed  the  engrossed 
bill  entitled  "an  act  annexing  the  town  of  Warren,  in  the  County  of 
Addison,  to  the  County  of  Washington  and  for  other  purposes,"  reported 
the  same  with  the  following  proposals  of  amendment,  to  wit,  add  to  the 
bill  the  following  section,  1o  wit,  ''Sec.  3.  It  is  hereby  further  enacted 
that  the  members  of  the  Legislature  from  the  County  of  Washington, 
and  the  member  from  the  town  of  Warren  aforesaid,  are  hereby  author- 
ized and  empowered  to  meet  in  County  Convention  and  nominate  one 
or  more  suitable  men  resident  in  said  Warren  to  serve  as  justices  of  the 
peace  in  and  for  the  County  of  Washington  from  and  after  the  first  day  of 
Dec.  next,  in  the  same  manner  as  if  said  Warren  had  been  a  part  of  the 
County  of  Washington  before  the  passing  of  this  act,"  and  the  question 
being  taken  on  adopting  said  amendment,  it  was  determined  in  the  neg- 
ative, and  sd-  bill  was  Ordered  to  be  recommitted  to  the  same  committee, 

Mr.  Clark  of  Bennington  County,  who  was  appointed  to  prepare  rea- 
sons for  the  amendments  proposed  to  the  bill,  entitled  "An  act  estab- 
lishing an  academy  at  Manchester,  in  the  County  of  Bennington,"  re- 
ported the  following,  to  wit,  "It  has  never  been  the  usage  of  this  state, 
and  it  is  believed  it  will  never  be  good  policy,  to  raise  a  revenue  from 
our  Literary  institutions.  As  all  the  public  schools  of  the  state  are 
aided,  more  or  less,  by  the  donations  of  the  charitable  and  benevolent,  to 
tax  such  donations,  is  taxing  that,  which  is  of  itself  a  tax.  This  class  of 
institutions,  next  to  the  primary  schools,  deserves  the  patronage  of  the 
government,  as,  by  their  aid,  the  youth  of  the  state  are  enabled  to  pro- 
cure a  solid  business  education,  and  to  arrive  to  such  a  degree  of  mental 
cultivation,  as  is  necessary  for  good  and  useful  citizens  ;  having  within 
their  reach  such  facilities  for  improvement,  as  will  enable  them  to 
be  qualified  for  the  part  which  they  may  be  called  to  act  in  life.  It 
has  been  the  policy  of  this  State  to  patronize  such  institutions,  in  the 
way  proposed,  and  to  a  much  greater  extent  than  is  contemplated  by 
these  amendments,  and  it  is  believed  that  the  public  is  amply  paid  for 
this  patronage,  in  the  vast  benefits  which  are  derived  from  the  general 
dissemination  of  knowledge  in  the  community,"  Which  was  adopted, 
Whereupon,  Ordered  that  the  Secretary  inform  the  House  of  the  passage 
of  said  bill,  as  amended,  and  return  the  same  with  the  reasons  aforesaid. 

Received  from  the  House,  for  concurrence  in  the  reference,  the  fol- 
lowing, to  wit,  "An  act  relating  to  roads  and  bridges,"  with  an  order  of 
reference  thereon  to  the  Committee  on  roads  and  canals,  Whereupon, 
Resolved  to  concur  in  said  order  of  reference.  Adjourned  to  2  o'clock 
P.M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Deming  moved  to  reconsider  the  vote  of  yesterday 
amending  the  bill  entitled  "  An  act  in  adn-  to  an  act  entitled  '  an  act  as- 
certaining the  principles  on  which  the  list  of  this  State  shall  be  made, 
and  directing  listers  in  their  office  and  duty,'  passed  Nov.  17.  1825,"  and 
the  question  being  taken  upon  said  motion,  it  was  determined  in  the 
affirmative,  and  said  bill  was  then  amended  as  follows,  to  wit,  Strike  out 
the  words  "attorneys,  physicians,  surgeons,  merchants,  traders,  me- 
chanicks  or  manufacturers,"  in  the  5th  and  6th  lines,  and  insert,  in  lieu 
thereof,  the  following,  to  wit,  "  any  attorney,  physician,  surgeon,  mer- 
chant, trader,  mechanick  or  manufacturer,  who  shall  not  have  been  as- 
sessed the  preceding  year,  or  who  shall  be  assessed  in  a  greater  sum 
than  the  assessment  of  such  person  the  preceding  year,"  and  add  the  fol- 
lowing, to  wit, 

"  Sec.  2.  It  is  hereby  further  enacted,  that  the  listers  in  the  several 
towns  in  this  state  may,  at  auy  time  within  thirty  days  from  the  twen- 


Governor  and  Council — October  1829.  379 

tieth  day  of  June,  in  each  year,  make  any  deductions  from  the  several 
assessments  by  them  made,  and  of  which  a  list  shall  have  been  lodged 
with  the  town  clerk,  agreeably  to  the  provisions  of  the  twelfth  section  of 
the  act,  to  which  this  is  in  addition,  in  case  it  shall  be  made  to  appear, 
to  their  satisfaction,  that  such  deduction  ought  to  be  made. 

"  Sec.  3.  It  is  hereby  further  enacted,  that  the  time,  mentioned  in  the 
thirteenth  section  of  the  act  aforesaid,  on  or  before  which  the  disclosure 
in  writing,  in  said  section  mentioned,  is  to  be  lodged  with  the  town 
Clerk,  shall  hereafter  be  the  twentieth  day  of  August  of  each  year,  in- 
stead of  the  first  day  of  August,  and  the  form  of  the  oath  prescribed  by 
the  said  section  shall  hereafter  be  as  follows,  to  wit,  '  You  A.  B.  do  sol- 
emnly swear,  (or  affirm,  as  the  case  may  be,)  that  you  will  make  a  true 
and  faithful  disclosure  of  all  moneys  on  hand,  debts  due  or  bank  and  in- 
surance stock,  or  obligations  payable  either  in  money  or  any  other  prop- 
erty, of  which  you  were  possessed  on  the  first  clay  of  April  last,  whether 
such  obligations  were  then  due,  or  were  payable  at  an  after  day,  over 
and  above  what  was  then  due  and  owing  from  you,  according  to  your 
best  judgment  and  knowledge.     So  Help  you  God.' " 

Whereupon,  Resolved  to  concur  in  passing  said  bill,  as  amended,  and 
Mr  Deming  was  appointed  to  assign  reasons  to  the  House. 

Mr-  Lyman,  from  the  committee,  to  whom  was  committed  the  en- 
grossed bill,  entitled  "an  act  annexing  the  town  of  Warren,  in  the 
County  of  Addison,  to  the  County  of  Washington,  and  for  other  pur- 
poses," reported  the  same,  with  the  following  amendment,  to  wit,  "add 
to  the  second  section  the  words  'and  to  the  fifth  congressional  district,'" 
which  was  adopted.  Whereupon,  Resolved  to  concur  in  passing  said 
bill,  as  amended,  and  Mr.  Lyman  was  appointed  to  prepare  reasons, 
who  reported  the  following,  to  wit,  "As  doubt  exists  in  the  minds  of 
some  whether  the  town  of  Warren  would  remain  annexed  to  the  second 
Congressional  district,  or  become,  by  the  operation  of  the  act,  a  part  of 
the  fifth  Congressional  district,  the  Governor  and  Council  consider  the 
amendment  necessary  to  obviate  such  doubt."  Which  were  adopted, 
and  it  was  Ordered  that  the  Secretary  inform  the  House  of  the  passage 
of  said  bill,  as  amended,  and  return  the  same  with  the  reasons  aforesaid. 

The  petitions  of  Milo  Pomeroy,  Stewart  Rutledge  and  Jonas  Depu- 
trine,  convicts  in  the  State  prison,  were  taken  up  and,  severally,  Ordered 
to  be  dismissed. 

Mr.  Thompson  introduced  the  following  resolution,  to  wit,  "Resolved, 
the  General  Assembly  concurring  herein,  that  His  Excellency,  the 
Governor,  be,  and  he  hereby  is,  requested  to  forward  to  each  of  the 
Governors  of  the  several  states,  for  the  use  of  their  respective  Legisla- 
tures, a  copy  of  the  map  of  this  state,  now  in  the  possession  of  Hon. 
Richard  Skinner,  and  that  His  Excellency  be  authorized  to  draw  upon 
the  Treasurer  for  the  necessary  expense  incurred  in  carrying  this  reso- 
lution into  effect,"  which  was  read  and  passed.  Adjourned  to  9  o'clock 
to-morrow  morning. 


Wednesday  Oct.  28,  1829.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  Recd-  from 
the  House,  for  concurrence  in  passing,  the  following  resolution,  to  wit, 
"In  General  Assembly  Oct.  27,  1829.  "Resolved,  the  Governor  and 
Council  concurring  herein,  that  both  Houses  meet  in  the  Representa- 
tives' room,  on  Wednesday  next,  at  10  o'clock  in  the  forenoon,  for  the 
purpose  of  electing  a  brigadier  General  in  the  third  brigade  and  first 
division   of  the   militia   of  this  State,"  which   was  read,   Whereupon, 


380  Governor  and  Council — October  1829. 

Resolved  to  concur  in  passing  said  resolution,  and  Ordered  that  the 
Secretary  notify  the  House  accordingly.  Recd-  also,  the  following  reso- 
lution, to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  General  Committee  be  instructed  to  inquire  into  the  expediency 
of  providing  some  means  for  the  liberation  of  the  body  of  poor  and 
insolvent  persons,  after  a  certain  term  of  imprisonment,  in  all  future 
actions  and  commitments  for  trespasses  and  torts,  where,  by  the  exist- 
ing laws,  no  provision  is  made,  and  to  report  by  bill,  or  otherwise," 
which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said  resolu- 
tion. Recd-  also,  the  following  resolution,  to  wit,  "  Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  Committee  on  roads  and 
canals  be  instructed  to  inquire  into  the  expediency  of  providing  by  law 
that  all  committees  for  laying  out,  altering  or  discontinuing  highways, 
by  whatever  Court  or  authority  they  may  be  appointed,  shall  be  sworn 
to  the  faithful  discharge  of  their  duties,"  which  was  read,  Whereupon, 
Resolved  to  concur  in  passing  said  resolution.  Recd-  also,  the  following 
resolution,  to  wit,  "Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  judiciary  committee  be  instructed  to  inquire  into  the 
expediency  of  so  altering  the  law  in  relation  to  Freemen's  meetings,  as 
to  make  it  the  duty  of  the  Constable  or  presiding  officer  of  such  meet- 
ings, to  certify  in  the  credentials  by  him  given  to  members,  when  such 
members  are  holding  offices  of  trust  or  profit  under  the  authority  of 
Congress,  and  report  by  bill  or  otherwise,"  which  was  read,  Whereupon, 
Resolved  to  concur  in  passing  said  resolution. 

Recd-  for  concurrence  in  the  reference,  the  following,  to  wit,  "An  act 
in  addition  to  an  act  entitled  '  an  act  constituting  the  Supreme  Court  of 
Judicature  and  County  Courts,  defining  their  powers  &  regulating  judi- 
cial proceedings,'  "  with  an  order  of  reference  thereon  to  the  judiciary 
Committee  ;  "An  act  in  addition  to  an  act  entitled  '  an  act  directing  the 
mode  of  the  election  of  Governor,  Lieutenant  Governor,  Treasurer  of 
the  State,  Councillors  and  representatives,'  "  and  "An  act  in  addition  to 
an  act,  entitled  '  an  act  for  regulating  &  governing  the  militia  of  this 
state,'  "  with  an  order  of  reference,  also,  on  each,  to  the  judiciary  Com- 
mittee, Whereupon,  Resolved  to  concur  in  said  several  orders  of  refer- 
ence. tlecd-  also,  for  concurrence  in  the  reference,  the  following,  to  wit, 
"  Account  of  Austin  Birchard  against  the  State,"  with  an  order  thereon 
that  the  same  be  re-committed  to  the  Committee  of  claims,  Whereupon, 
Resolved  to  concur  in  said  order  of  re-commitment.  Recd-  also,  "An  act 
relating  to  the  settlement  of  the  accounts  of  the  several  County  Treas- 
urers in  this  State,  with  an  order  of  reference  thereon  to  the  General 
Committee  ;  "An  act  in  explanation  of  the  fifth  section  of  an  act,  enti- 
tled '  an  act,  supplementary  to  the  several  acts,  defining  the  powers  of 
justices  of  the  peace  within  this  State,' "  with  an  order  of  reference 
thereon  to  the  judiciary  Committee  ;  "The  petition  of  Fajrhaveu  Turn- 
pike Company,"  with  an  order  of  reference  thereon  to  the  Committee  on 
roads  and  canals  ;  "An  act  in  addition  to  an  act  entitled  '  an  act  to  pro- 
mote the  breed  of  sheep  and  preserve  the  different  breeds  distinct,  and 
to  repeal  the  first  section  of  an  act  therein  mentioned,' "  with  an  order  of 
reference  thereon  to  the  Committee  on  Agriculture  ;  and  "  An  act 
directing  the  Treasurer  to  pay  Samuel  Page  the  sum  therein  mentioned," 
with  an  order  of  reference  thereon  to  the  Committee  of  claims,  Where- 
upon, Resolved  to  concur  in  said  several  orders  of  reference. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  in  addition  to 
an  act  entitled  ■  an  act  constituting  the  Supreme  Court  of  Judicature  and 
County  Courts,  defining  their  powers  and  regulating  judicial  proceed- 
ings,' "  which  was  read.  Whereupon,  Resolved  not  to  concur  in  passing 


Governor  and  Council— October  1829.  381 

said  bill,  and  Mr.  Thompson  was  appointed  to  prepare  and  report  rea- 
sons in  writing. 

The  Governor  and  Council  attended  in  the  Representatives'  room  for 
the  further  appointment  of  County  officers,  and  for  the  election  of  a 
brigadier  General  of  the  third  brigade  in  the  first  division  of  the  militia 
of  this  State  ;  after  which  they  returned  to  their  chamber.1 

The  Governor  and  Council  appointed  Sylvester  Edson,  a  joint  com- 
missioner with  John  H.  Cotton,  agreeably  to  the  provision  of  the  act 
passed  at  thisxsession,  entitled  "  an  act  in  addition  to  an  act  entitled  an 
act  providing  for  the  building  of  a  state  prison." 

Recd-  for  revision  &c.  an  engrossed  bill,  entitled  "An  act  in  alteration 
of  the  several  acts  regulating  and  governing  the  militia  of  this  State," 
which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said  bill,  and 
Ordered,  that  the  Secretary  notify  the  House  of  said  concurrence. 

Recd-  Also,  for  revision  &c.  an  engrossed  bill,  entitled  "  An  act  in 
addition  to  an  act  entitled  '  an  act  directing  the  mode  of  obtaining  licen- 
ces, and  regulating  inns  and  houses  of  public  entertainment,'  passed 
Nov.  2.  1798,"  which  was  read,  and  Ordered  to  be  committed  to  Messrs. 
Deming  and  Thompson  to  consider  and  report  thereon. 

Recd-  for  revision  &c.  an  engrossed  bill  of  the  following  title,  to  wit, 
u  An  act  directing  the  Treasurer  to  pay  James  Davis  the  sum  therein 
mentioned,"  which  was  read,  Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Also  **  an  act  directing  the  Treasurer  to  pay  Joseph  Howes 
the  sum  therein  mentioned  " — Read  &  Resolved  to  concur  in  passing  said 
bill.  Also,  an  engrossed  bill,  entitled  "  An  act  directing  the  Treasurer 
to  pay  Stephen  Haight  the  sum  therein  mentioned,"  Which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Also,  an  engrossed 
bill  entitled  "An  act  in  addition  to  an  act,  directing  the  mode  of  taking 
forfeitures  of  grants  and  charters,"  which  was  read,  Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Also,  an  engrossed  bill,  entitled  "An  act 
laying  a  tax  on  the  lands  in  Charleston,"  Which  was  read,  Whereupon, 
Resolved  to  concur  in  passing  said  bill.  Also,  an  engrossed  bill,  entitled 
"An  act  laying  a  tax  on  the  lands  in  Avery's  Gore  in  Franklin  County," 
which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Also,  an  engrossed  bill,  entitled  "  An  act  laying  a  tax  on  the  lands  in 
Newbury,"  which  was  read,  Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Also,  an  engrossed  bill,  entitled  "An  act  laying  a  tax  on  the 
lands  in  Jay,"  which  was  read,  Whereupon,  Resolved  to  concur  in  pass- 
ing said  bill.  Also,  an  engrossed  bill,  entitled  "  An  act  to  preserve  fish 
in  certain  Waters  in  Ludlow  &  Plymouth,"  which  was  read,  Whereupon, 
Resolved  to  concur  in  passing  said  bill,  and  Ordered  that  the  Secretary 
notily  the  House  of  the  passage  of  the  nine  bills  last  mentioned. 

The  resolution  relative  to  the  salaries  and  duties  of  the  judges  of  the 
Supreme  Court  &c.  which  was  on  the  27th  instant  laid  on  the  table,  was 
taken  up,  and  Ordered  to  be  committed  to  Messrs.  Davis  and  Hoyt,  to 
consider  and  report  thereon. 

Mr.  Davis,  from  the  committee  to  whom  was  committed  the  resolu- 
tion in  relation  to  the  construction  of  fortifications  on  the  north  point  of 
Viueyard  &c.  reported  the  same  without  amendment  ; — Whereupon, 
Resolved  to  concur  in  passing  said  resolution,  and  Ordered  that  the  Sec- 
retary notify  the  House  of  said  concurrence.  The  resolution  for  the 
meeting  of  both  Houses  for  the  purpose,  of  adjourning  the  Legislature 
without  day,  which  was  on  the  27th  instant  laid  on  the  table,  was  taken 
up,  Whereupon,  Resolved  to  concur  in  passing  said  resolution,  and  Or- 

1  Stillman  Emerson  was  elected  Brig.  General. 


382  Governor  and  Council — October  1829. 

dered  that  the  Secretary  notify  the  House  of  said  concurrence.     Ad- 
journed to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Thompson,  who  was  appointed  to  prepare  and  report 
reasons  for  the  non  concurrence  in  passing  the  engrossed  bill  entitled, 
"An  act  in  addition  to  an  act  entitled  '  an  act  constituting  the  Supreme 
Court  of  Judicature  and  County  Courts,  defining  their  powers  and  regu- 
lating judicial  proceedings,'  "  reported  the  following,  to  wij,  "As  regards 
notices  to  be  given  to  parties  in  actions  of  account,  and  on  book  accounts, 
of  trials  before  auditors,  ample  provision  has  already  been  made  by  an 
act  on  that  subject,  which  is  now  in  force.  With  respect  to  notices  to  be 
given  by  referees,  it  is  thought  that  no  serious  inconvenience  has  or  can 
occur.  The  referring  of  a  suit  is  always  the  voluntary  act  of  the  par- 
ties, and  as  rules  of  reference  usually  expire,  by  the  rules  of  court,  at  an 
early  day  of  the  term,  such  parties  are  not  likely  to  throw  any  obstacles 
in  the  way  of  notice.  Other  notices  which  may  be  contemplated  by  the 
bill,  it  is  believed,  come  within  the  incidental  powers  of  the  Courts," 
Which  reasons  were  adopted,  Whereupon,  Ordered  that  the  Secretary 
return  said  bill  to  the  House  with  the  reasons  aforesaid.  ' 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Smilie,  one  of  its  members,  informing  that  the  House  had  concurred  in 
the  first  amendment  proposed  by  the  Governor  and  Council  to  the  bill 
entitled  "  An  act  to  establish  an  academy  at  Manchester  in  the  County 
of  Bennington,"  and  had  resolved  not  to  concur  in  the  second  proposed 
amendment,  and  after  assigning  reasons  Mr.  Smilie  withdrew  ;  Where- 
upon, Resolved  to  rescind  from  said  second  proposed  amendment,  and 
Ordered  that  the  Secretary  notify  the  House  accordingly. 

Received  from  the  House,  for  concurrence  in  the  reference,  the  follow- 
ing, to  wit,  The  petition  of  Jacob  Kent,  with  an  order  of  the  House 
thereon  that  the  same  be  re-committed  to  the  Committee  of  claims, 
Whereupon,  Resolved  to  concur  in  said  order  of  re-commitment. 

Recd-  for  concurrence  in  passing,  the  following  resolution,  to  wit, 
"Resolved,  the  Governor  and  Council  concurring  herein,  that  the  judi- 
ciary Committee  be  instructed  to  inquire  into  the  expediency  of  provid- 
ing by  law,  for  perambulating  or  establishing  town  lines  in  this  State," 
Which  was  read.  Whereupon,  Resolved  to  concur  in  passing  said 
resolution. 

Mr.  Clark  of  Bennington  County,  to  whom  was  committed  the 
engrossed  bill,  entitled  "an  act  relating  to  the  collection  of  State  taxes," 
reported  the  same  with  the  following  proposal  of  amendment,  to  wit, 
"  Add  to  the  bill  the  following,  to  wit.  '  Sec.  2.  It  is  hereby  further 
enacted  —  That  it  shall  be  the  duty  of  the  engrossing  Clerk,  on  or  before 
the  twentieth  day  of  October,  annually,  to  make  and  deliver  to  the 
Treasurer,  a  catalogue  of  the  organized  towns,  that  are  not  represented 
in  the  General  Assembly,'"  Which  amendment  was  adopted.  Where- 
upon, Resolved  to  concur  in  passing  said  bill  as  amended,  &  Mr-  Clark  of 
Benuington  County  was  appointed  to  prepare  and  report  reasons. 

Mr  Davis,  from  the  committee,  to  whom  was  committed  the  resolution 
relative  to  the  salaries  and  duties  of  the  judges  of  the  Supreme  Court 
&c.  reported  the  same  without  amendment.  Whereupon,  Resolved  to 
concur  in  passing  said  resolution. 

Mr.  Thompson  moved  to  re-conuder  the  vote  of  this  day  concurring 
in  the  passage  of  the  resolution  for  the  meeting  of  both  Houses  for  the 
purpose  of  adjourning  the  Legislature  without  day.  And  the  question 
being  taken  upon  said  motion,  it  was  determined  in  the  negative. 


Governor  and  Council — October  1829.  383 

The  Governor  and  Council  appointed  Joseph  Howes  Surveyor  of 
public  buildings  and  Azel  Spaulding  Librarian,  for  the  year  ensuing. 
Adjourned  to  9  o'clock  to-morrow  morning. 


Thursday  Oct.  29, 1829.    9  O'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Recd- 
from  the  House,  for  revision  &c.  the  following  engrossed  bill,  to  wit, 
"An  act  altering  the  names  of  certain  persons  therein  mentioned," 
which  was  read.  Whereupon,  Resolved  to  concur  in  passing  said  bill, 
and  Ordered  that  the  Secretary  inform  the  House  of  such  concurrence. 
Recd-  also,  an  engrossed  bill  entitled  "An  act  annexing  part  of  the  town 
of  Chittenden  to  the  town  of  Sherburne,"  which  was  read,  and  amended 
by  adding  the  following  proviso,  to  wit,  "Provided,  that  this  act  shall 
not  be  in  force,  until  the  towns  of  Chittenden  and  Sherburne  shall  each, 
by  vote  in  town  meeting,  have  given  their  assent  to  the  same."  Where- 
upon, Resolved  to  concur  in  passing  said  bill,  as  ameuded,  and  Mr  Pier- 
point  was  appointed  to  prepare  and  report  reasons  for  said  amendment, 
who  forthwith  reported  the  following,  to  wit,  "That  it  is  inexpedient  to 
alter  town  lines,  without  the  consent  of  the  towns  interested,"  which  were 
adopted.  Whereupon,  Ordered  [that]  the  Secretary  inform  the  House  of 
the  passage  of  said  bill,  as  amended,  and  return  said  bill  to  the  House 
with  the  reasons  aforesaid.  Recd-  also,  for  revision  &c.  an  engrossed 
bill,  entitled  "An  act  assessing  a  tax  on  the  County  of  Essex,"  which 
was  read,  Whereupon,  Resolved  to  concur  in  passing  said  bill,  and 
Ordered  that  the  Secretary  inform  the  House  of  such  concurrence. 

Received  a  communication  from  the  Speaker  of  the  House  of  repre- 
sentatives, informing  that  the  House  had  concurred  in  the  amendments 
proposed  by  the  Governor  and  Council  to  bills  of  the  following  titles,  to 
wit,  "An  act  in  addition  to  an  act  entitled  *an  act  ascertaining  the  prin- 
ciples, on  whieh  the  list  of  this  state  shall  be  made,  and  directing  listers 
in  their  office  &  duty,'  passed  Nov.  17. 1825,"  "An  act  annexing  the  town  of 
Warren  in  the  County  of  Addison  to  the  County  of  Washington,"  and 
"An  act  in  addition  to  an  act  establishing  permanent  salaries  and  for 
regulating  certain  fees  and  taxable  costs,"  Which  was  read. 

Mr.  Clark  of  Bennington  County,  who  was  appointed  to  prepare  and 
report  reasons  for  the  amendment  proposed  to  the  bill  entitled'  "  an  act 
relating  to  the  collecting  of  state  taxes,"  reported  the  following,  to  wit, 
"  As  there  are  no  means  provided  for  informing  the  Treasurer  what 
towns  are  not  represented,  it  is  deemed  necessary  that  this  information 
should  be  given  him  in  an  official  manner,  that  he  may  be  enabled  to 
comply  with  the  directions  given  in  the  bill,  in  issuing  warrants  for  the 
collection  of  State  taxes,"  Which  were  adopted  ;  Whereupon,  Ordered 
that  the  Secretary  inform  the  House  of  the  passage  of  said  bill  as 
amended,  and  return  the  same  to  the  House  with  the  reasons  aforesaid. 

Rec1-  for  revision  &c.  an  engrossed  bill,  entitled  "An  act  altering  the 
times  of  holding  certain  County  Courts,"  Which  was  read  and  amended 
by  adding  to  the  first  section  the  following,  to  wit,  "At  Bennington  and 
Manchester,  in  the  County  of  Bennington,  alternately,  beginning  at  Ben- 
nington, on  the  second  Tuesday  of  April  and  on  the  fourth  Tuesday  of  Sep- 
tember in  each  year.  At  Rutland  in  the  County  of  Rutland,  the  fourth 
Tuesday  of  "April  and  on  the  second  Tuesday  of  September  in  each  year," 
Whereupon  Resolved  to  concur  in  passing  said  bill,  as  amended,  and  Mr. 
Pierpoint  was  appointed  to  assign  reasons  to  the  House  for  said  amend- 
ment. Recd-  also,  for  revision  &c.  an  engrossed  bill,  entitled  "An  act  an- 
nexing part  of  the  town  of  Middlebury  to  the  town  of  Ripton,"  which  was 


384  Governor  and  Council — October  1829. 

read  and  amended  by  adding  the  following  proviso,  to  wit,  "Provided  that 
this  act  shall  not  be  in  force  until  the  towns  of  Middlebury  and  Ripton  shall 
each,  by  vote  in  town  meeting,  have  given  their  assent  to  the  same": 
Whereupon,  Resolved  to  concur  in  passing  said  bill  as  amended,  and  Mr. 
Pierpoint  was  appointed  to  prepare  and  report  reasons  for  such  amend- 
ment, who  forthwith  reported  the  following,  to  wit,  "Thatit  is  inexpedient 
to  alter  town  lines  without  the  consent  of  the  towns  interested,"  which 
were  adopted,  Whereupon,  Ordered  that  the  Secretary  inform  the  House  of 
the  passage  of  said  bill  as  amended,  and  return  the  same  with  the  rea- 
sons aforesaid.  Recd-  also,  for  revision  &c.  an  engrossed  bill,  entitled 
"An  acf  to  alter  the  line  between  the  towns  of  Swanton  and  Fairfield," 
which  was  read,  Whereupon,  Besolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c.  an  engrossed  bill,  entitled  "  An  act  to  incor- 
porate the  Connecticut  River  Steam-boat  Company,"  which  was  read, 
Whereupon,  Besolved  to  concur  in  passing  said  bill.  Recd-  also,  for  re- 
vision &c.  an  engrossed  bill,  entitled  '*  An  act  granting  a  further  time 
for  making  a  road  in  the  town  of  Cavendish,"  which  was  read,  Where- 
upon, Besolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c 
an  engrossed  bill,  entitled  "An  act  granting  further  time  to  the  town  of 
Weathersfield  for  making  a  road  therein  mentioned,"  which  was  read, 
Whereupon,  Besolved  to  concur  in  passing  said  bill.  Recd-  also,  for  re- 
vision &c.  an  engrossed  bill,  entitled  "An  act  establishing  an  Academy 
at  Craftsbury,  in  the  County  of  Orleans,"  Which  was  read,  Whereupon, 
Besolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c.  an 
engrossed  bill,  entitled  "  An  act  to  incorporate  the  Connecticut  River 
Canal  Company,"  which  was  read,  and  the  question  being  taken,  "  Will 
the  Governor  and  Council  concur  in  passing  this  bill  ?"  it  was  unani- 
mously determined  in  the  affirmative,  the  Lieut.  Governor  and  every 
member  of  the  Council  being  present  &  voting  thereon.  Ordered  that 
the  Secretary  inform  the  House  of  the  passage  of  the  five  last-mentioned 
bills.     Adjourned  to  2  o'clock  P.  M.1 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. Recd-  from  the  House,  for  revision  &c.  an  engrossed  bill, 
entitled  "An  act  directing  the  Treasurer  of  this  State  to  credit  the  towns 
of  Wolcott,  Belvidere,  Westfield,  Goshen  and  Mansfield,  the  amount  of 
the  State  tax  assessed  on  said  towns  for  the  year  1828,"  which  was  read, 
Whereupon,  Besolved  to  concur  in  passing  said  bill,  and  Ordered  that  the 
Secretary  inform  the  House  of  such  concurrence. 

Received  from  the  House,  for  concurrence  in  the  reference,  the  follow- 
ing, to  wit,  "Account  of  William  G.  Hunter  and  Ezra  S.  Trask,"  with  an 
order  of  reference  thereon,  to  the  Committee  of  claims  ;  Whereupon, 
Besolved  to  concur  in  said  order  of  reference. 

Received  from  the  House  for  concurrence  in  passing,  the  following 
resolution,  to  wit,  "Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  acts  of  the  last  session  of  Congress,  now  deposited  in 
the  Library,  be  distributed  in  the  following  manner,  viz.  one  copy  to  the 
Governor,  one  to  each  State's  attorney  and  each  county.  Clerk,  to  the 
county  of  Bennington  twelve  copies.  Windham  county  fifteen  copies, 
Rutland  county  seventeen  copies,  Windsor  county  fifteen  copies,  Addi- 
son county  fourteen  copies,  Orange  county  thirteen  copies,  Chittenden 
county  eleven  copies,  Washington  county  eleven  copies,  Caledonia 
county  twelve  copies,  Franklin  county  eleven  copies,  Orleans  county 

1  In  Joint  Assembly  Benjamin  Swan,  Job  Lyman,  and  Geo.  T.  Hodges 
were  elected  Directors  of  the  Vermont  State  Bank  ;  and  Robert  Pier- 
point  to  examine  the  several  banks. 


Governor  and  Council — October  1829.  385 

twelve  copies,  Essex  county  five  copies,  Grand  Isle  county  three  copies, 
that  three  copies  be  deposited  in  the  Secretary  of  State's  office,  and  the 
remainder  in  the  library  of  the  General  Assembly."  Which  was  read. 
Whereupon,  Resolved  to  concur  in  passing  said  resolution,  and  Ordered 
that  the  Secretary  inform  the  House  of  such  concurrence. 

Recd-  for  revision  &c.  an  engrossed  bill,  entitled  "An  act  in  addition 
to  'an  act  to  incorporate  the  Vermont  Mutual  fire  insurance  Company,'  " 
which  was  read  and  amended  by  striking  out  the  whole  of  the  second 
section.  Whereupon,  Resolved  to  concur  in  passing  as  amended,  and 
Mr.  Pierpoint  was  appointed  to  assign  to  the  House  the  reasons  for  such 
amendment. 

Recd-  also,  for  revision  &c.  an  engrossed  bill  entitled  "An  act  for  the 
relief  of  Benjamin  Swan,  Treasurer  of  this  State"  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  bill,  and  Ordered  that 
the  Secretary  inform  the  House  of  such  concurrence. 

It  was  moved  to  re-consider  the  vote  of  the  22d-  instant,  dismissing 
the  petition  of  Norman  B.  Pier,  a  State  prison  convict,  and  the  question 
being  taken  on  said  motion,  it  was  determined  in  the  negative. 

Mr.  Thompson,  from  the  committee  to  whom  was  committed  the 
engrossed  bill  entitled  "  An  act  in  addition  to  an  act  entitled  'an  act 
directing  the  mode  of  obtaining  licences,  and  regulating  inns  and  houses 
of  public  entertainment,'  passed  Nov.  2. 1798,"  reported  the  same  with 
the  following  proposals  of  amendment,  to  wit,  Strike  out  all  in  the  title 
of  the  act,  after  the  words  "  entitled  an  act,"  in  the  first  line,  and  insert, 
in  lieu  thereof,  the  following,  to  wit,  "laying  duties  on  licenses  for  selling 
wines  and  foreign  distilled  spirituous  liquors,  by  retail,  passed  Nov.  11. 
1802,  and  to  repeal  part  of  an  act  therein  mentioned."  Strike  out  the 
whole  of  the  first  section  after  the  enacting  clause,  and  insert,  in  lieu 
thereof,  the  whole  of  the  second  section  after  the  word  "  enacted "  in 
the  first  line,  excepting  the  words  "for  granting  licences  to  retailers  of 
foreign  distilled  spirits,"  at  the  end  of  said  section,  and  excepting,  also, 
the  proviso  of  said  section,  and  by  adding  to  said  section  the  following, — 
"  Provided,  that  whenever  any  person  shall  make  application  for  license 
to  retail  both  foreign  and  domestic  distilled  spirits,  such  person  shall  be 
subject  to  but  one  assessment,  and  the  same  shall  be  included  in  one 
license."  Also,  strike  out  the  whole  of  the  second  section  &  insert,  in 
lieu  thereof,  the  following,  to  wit,  "Sec.  2.  It  is  hereby  further  enacted 
—  That  the  eighth  section  of  an  act  entitled  'an  act  directing  the  mode 
of  obtaining  licenses,  and  regulating  Inns  and  houses  of  public  enter- 
tainment' passed  Nov.  2.  1798,"  be  and  the  same  is  hereby  repealed. 
Provided  that  said  eighth  section  shall  be  and  remain  in  force,  so  far  as 
it  relates  to  any  prosecution  now  pending,  and  to  all  penalties,  which 
may  have  accrued  on  the  first  day  of  January  next:  —  Provided,  also, 
that  this  act  shall  not  take  effect  until  the  first  day  of  January  next." 
Which  amendments  were  adopted.  Whereupon,  Resolved  to  concur  in 
passing  said  bill,  as  amended,  and  Mr.  Thompson  was  appointed  to 
assign  reasons  to  the  House  for  said  amendments. 

The  Governor  and  Council  appointed  Messrs.  Reuben  Smith,  Jacob 
Collamer  &  Willard  Child,  commissioners,  under  the  3d-  sec  of  "an  act 
in  addition  to  &  amend*-  of  the  several  acts  for  the  purpose  of  founding 
the  University  of  Vermont,"  passed  Oct.  30. 1828. 

Adjourned  to  7  o'clock  this  evening. 

7  o'clock  P.  M.  —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up,  for  revision  &c-  an  engrossed  bill, 
entitled  "An  act  to  repeal  part  of  an  act  therein  mentioned,  which  was 
read,  Whereupon,  Resolved  not  to  concur  in  passing  said  bill,  and  Mr. 

25 


386  Governor  and  Council — October  1829. 

Pierpoint  was  appointed  to  prepare  and  report  reasons  for  such  won. 
concurrence,  and  he  reported  the  following,  to  wit.  "  The  Governor 
and  Council  consider  the  section,  proposed  to  be  repealed,  one  of  the 
most  important  provisions  in  the  school  law,  and  that,  without  said 
section,  the  act  containing  it  would  be  inconsistent  with  itself."  Which 
were  adopted,  and  Ordered  that  the  Secretary  return  said  bill  to  the 
House  with  the  reasons  aforesaid. 

Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  annexing 
a  part  of  the  town  of  Brookfield  to  the  town  of  Chelsea,"  which  was  read 
and  amended,  by  adding  the  following  proviso,  to  wit,  "Provided  that 
this  act  shall  not  be  in  force,  until  the  towns  of  Brookfield  and  Chelsea 
shall,  by  vote  in  town  meeting,  have  declared  their  assent  to  the  same." 
Whereupon,  Resolved  to  concur  in  passing  said  bill  as  amended,  and  Mr. 
Pierpoint  was  appointed  to  prepare  and  report  reasons  for  said  amend- 
ment, and  he  reported  the  following,  to  wit,  "  That  it  is  inexpedient  to 
alter  town  lines  without  the  consent  of  the  towns  interested,"  which 
were  adopted.  Whereupon,  Ordered  that  the  Secretary  inform  the 
House  of  the  passage  of  said  bill,  as  amended,  and  return  the  same  with 
the  reasons  aforesaid. 

Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  for  the 
relief  of  poor  debtors,"  which  was  read  and  amended  by  inserting 
between  the  words  "creditor"  and  "shall"  the  words  "  or  his  attorney 
of  record."  Whereupon,  Resolved  to  concur  in  passing  said  bill,  as 
amended,  and  the  following  was  adopted  as  the  reason  for  said  amend- 
ment, to  wit,  "  The  bill  would  be  imperfect  without  the  words  proposed 
to  be  inserted"  —  Whereupon,  Ordered  that  the  Secretary  inform  the 
House  of  the  passage  of  said  bill,  as  amended,  and  return  the  same  with 
the  reason  aforesaid. 

The  House  sent  up  for  revision  and  concurrence  or  proposals  of 
amendment,  an  engrossed  bill,  entitled  "An  act  incorporating  certain 
persons,  therein  named,  by  the  name  of  the  Burlington  Fire  Company," 
which  was  read,  Whereupon  Resolved  to  concur  in  passing  said  bill. 

Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  granting 
a  piece  of  ordnance  to  the  Jefferson  Artillery  Company,"  which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd-  also, 
for  revision  &c.  an  engrossed  bill,  entitled  "An  act  in  addition  to  an  act 
constituting  Probate  Courts,  and  defining  their  powers,  and  regulating 
the  settlement  of  testate  and  intestate  estates,  and  the  guardianship  of 
minors  and  insane  persons,"  which  was  read,  Whereupon,  Resolved  to 
concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act  in  addition  to  an  act,  entitled  '  an  act  constituting 
the  Supreme  Court  of  judicature  and  County  Courts,  defining  their 
powers  and  regulating  judicial  proceedings,' "  which  was  read,  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision 
&c-  an  engrossed  bill,  entitled  "An  act  in  addition  to  an  act  entitled  '  an 
act  for  regulating  and  governing  the  militia  of  this  State,' "  which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd-  also, 
for  revision  &c.  an  engrossed  bill,  entitled  "An  act  in  addition  to  an  act 
incorporating  certain  persons  therein  named  by  the  name  of  the  Wood- 
stock Fire  Society,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Recd-  also,  for  revision  &c.  an  engrossed  bill,  entitled 
"An  act  granting  to  the  town  of  Dummerston  further  time  for  making 
a  new  road  or  highway,  therein  mentioned,"  which  was  read,  Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Ordered  that  the  Secre- 
tary inform  the  House  of  the  passage  of  the  seven  bills  last  mentioned. 

Recd-  also,  for  revision  &c.  an  engrossed  bill,  entitled  "An  act  pro- 
viding for  the  publication  of  the  reports  of  the  Supreme  Court."    Which 


Governor  and  Council — October  1829.  387 

was  read,  and  amended  by  inserting  the  word  "annually"  after  the  word 
"appoint"  in  the  third  line  of  the  first  section  and  striking  out  the  words 
"  as  soon  as  may  be  and  yearly  thereafter"  in  the  fifth  and  sixth  lines  of 
the  same  section.  Whereupon,  Resolved  to  concur  in  passing  said  bill, 
as  amended,  and  Mr.  Thompson  was  appointed  to  prepare  reasons  for 
such  amendments,  and  he  reported  the  following,  to  wit.  "The  Gover- 
nor and  Council  assign  as  reasons  for  the  amendments,  that  without  the 
first  amendment,  doubts  might  exist  whether  the  appointment  by  the 
Governor  is  to  be  made  annually,  and  the  other  amendment  is  proposed, 
because  the  words  to  be  struck  out  are  surplusage,"  Which  reasons  were 
adopted,  and  Ordered  that  the  Secretary  inform  the  House  of  the  passage 
of  said  bill  as  amended  and  return  the  same  with  the  reasons  aforesaid. 

Recd-  also  for  revision  &c.  an  engrossed  bill,  entitled  "An  act  laying  a 
tax  on  the  lands  in  Bolton,"  which  was  read.  Whereupon  Resolved  to 
concur  in  passing  said  bill.  Recd-  also,  for  revision  &c.  an  engrossed 
bill,  entitled  "An  act  making  provision  for  settling  the  concerns  of  the 
Vermont  State  Bank,  and  to  repeal  an  act  therein  mentioned,"  which 
was  read,  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd- 
also,  for  revision  &c.  an  engrossed  bill,  entitled  "An  act  assessing  a  tax 
for  the  support  of  government,"  which  was  read,  Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c.  an  engrossed 
bill,  entitled  "An  act  making  appropriations  for  the  support  of  govern- 
ment,4' which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 
bill.  Ordered  that  the  Secretary  inform  the  House  of  the  passage  of  the 
four  bills  last  mentioned. 

Recd-  from  the  House,  The  report  of  the  joint  committee,  to  whom  was 
referred  certain  resolutions  of  the  Legislature  of  the  State  of  Missouri, 
recommending  alterations  in  the  Constitution  of  the  United  States,  to- 
gether with  the  following  resolutions,  to  wit,  "  Resolved,  by  the  General 
Assembly  of  the  State  of  Vermont,  that  a  uniform  mode  of  choosing 
electors  of  President  &  Vice-President  throughout  the  United  States  is 
extremely  desirable,  but  that,  in  the  opinion  of  this  body,  it  is  inexpedi- 
ent, at  present,  to  alter  the  Constitution  of  the  United  States  upon  that 
subject."  "Resolved,  that  it  is  inexpedient  to  abolish  the  choice  of  Pres- 
ident and  Vice-President  by  electors,  as  is  now  provided  by  the  consti- 
tution of  the  United  States."  "  Resolved,  that  it  is  inexpedient,  at  pres- 
ent, so  to  alter  the  Constitution  of  the  United  States,  as  to  take  from  the 
House  of  Representatives,  in  any  event,  the  choice  of  President  and 
Vice-President,  when  there  is  not  a  choice  by  the  electors."  "  Resolved, 
that  the  Governor  of  the  State  transmit  the  above  resolutions  to  the 
Governors  of  the  several  states,  to  be  by  them  submitted  to  their  respec- 
tive legislatures."  Which  were  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolutions,  &  Ordered  that  the  Secretary  inform  the  House 
of  such  concurrence.  Recd-  also,  from  the  House  the  report  of  the  joint 
committee,  to  whom  was  referred  the  consideration  of  the  public  docu- 
ments and  resolutions  from  the  States  of  South  Carolina,  Georgia,  Vir- 
ginia and  Missouri,  together  with  the  following  resolutions,  recom- 
mended by  said  committee  &  passed  by  the  House,  to  wit,  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  General  Assem- 
bly of  this  state,  now  convened,  do  not  concur  in  the  sentiments  and 
views  expressed  in  the  documents  and  resolutions  from  the  several  states 
mentioned  in  the  foregoing  report,  so  far  as  they  deny  to  Congress  the 
constitutional  right  to  regulate  the  tariff,  and  to  make  appropriations  for 
internal  improvements."  "  Resolved,  that  the  Governor  of  this  State  be 
requested  to  transmit  a  copy  of  the  foregoing  report  and  resolutions  to 
the  executive  of  the  several  states."    Which  were  read  ; — Whereupon, 


388  Governor  and  Council — October  1829. 

Resolved  to  concur  in  passing  said  resolutions  ;  &  Ordered  that  the  Sec- 
retary inform  the  House  of  such  concurrence. 

Recd-  from  the  House,  for  revision  &c-  an  engrossed  bill,  entitled  "  An 
act  directing  the  Treasurer  to  pay  Jacob  Kent,  junior,  the  sum  therein 
mentioned,"  which  was  read,  Whereupon,  Resolved  to  concur  in  passing 
said  bill,  &  Ordered  that  the  Secretary  inform  the  House  of  such  concur- 
rence, 

Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  in  addi- 
tion to  an  act  entitled  '  an  act  constituting  the  Supreme  Court  of  Judi- 
cature and  County  Courts,  defining  their  powers  and  regulating  judicial 
proceedings,' "  which  was  read,  Whereupon,  Mr.  Clark  of  Bennington 
County  moved  that  said  bill  be  amended  by  adding  the  following,  to  wit, 
"  Sec.  4.  It  is  hereby  further  enacted,  that  no  review  shall  be  allowed  in 
any  action,  which  shall  hereafter  be  entered  in  any  County  Court  in  this 
State,  when  judgment  in  such  causes  shall  have  been  rendered  on  the 
verdict  of  a  jury,"  and  the  question  being  taken  on  said  motion,, it  was 
determined  in  the  negative.  Mr.  Pierpoint  moved  to  amend  said  bill  by 
striking  out  the  words,  "the  chief,'  in  the  third  line  of  the. first  proviso 
to  the  second  section,  and  inserting,  in  lieu  thereof,  the  word  "  a,"  and 
the  question  being  taken  on  said  motion,  it  was  determined  in  the  nega- 
tive, Whereupon  said  bill  was  Ordered  to  lie  on  the  table. 

Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  direct- 
ing the  Treasurer  to  pay  William  G.  Hunter  and  Ezra  S.  Trask  the  sums 
therein  mentioned,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  bill,  and  Ordered  that  the  Secretary  inform  the  House  of 
such  concurrence. 

Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  laying  a 
tax  of  four  cents  on  each  acre  of  land  in  the  town  of  Canaan."  which  was 
read,  Whereupon,  Resolved  not  to  concur  in  passing  said  bill,  and  Mr. 
Langdon  was  appointed  to  prepare  reasons  in  writing  for  such  non-con- 
currence, who  reported  the  following,  to  wit,  "  That  the  Governor  and 
Council  are  not  advised  that  a  tax  of  four  cents  on  each  acre  of  land  in 
the  town  of  Canaan  is  necessary  for  the  purposes  therein  mentioned  ; 
for,  that  taxes  to  the  amount  of  twenty-three  cents  have  been  heretofore 
laid  on  said  town,  for  making  and  repairing  roads  &c-  and  that,  at  the 
October  Session  of  the  legislature  in  1824,  a  tax  of  four  cents  was  laid  on 
each  acre  of  land  in  said  town,  for  the  purposes  aforesaid,  and  that  the 
inhabitants  of  said  town  are  amply  able,  by  the  ordinary  mode  of  taxa- 
tion, to  make  and  keep  in  repair  their  roads  and  bridges,"  Which  rea- 
sons were  adopted,  Whereupon,  it  was  Ordered  that  the  Secretary  re- 
turn said  bill  to  the  House  with  the  reasons  aforesaid. 

The  engrossed  bill,  entitled,  "An  act  in  addition  to  an  act,  entitled 
'  an  act  constituting  the  Supreme  Court  of  Judicature  and  County 
Courts,  defining  their  powers  and  regulating  judicial  proceedings,' " 
which  was,  this  evening,  laid  on  the  table,  was  taken  up  and  amended 
by  adding  to  the  end  of  the  second  proviso  to  the  second  section  the  fol- 
lowing, to  wit,  "And  if  execution  shall  not  have  been  issued,  such  judge 
may  order  that  the  same  shall  not  be  issued,  during  the  pendency  of  such 
petition,"  Whereupon,  Resolved  to  concur  in  passing  said  bill,  as 
amended,  and  Mr.  Thompson  was  appointed  to  prepare  and  report  rea- 
sons for  said  amendment,  and  he  reported  the  following,  to  wit,  "  That 
the  bill,  without  such  amendment,  does  not  authorize  the  judge  to  order 
a  stay  of  execution  not  already  issued,"  Which  were  adopted.  Where- 
upon, Ordered  that  the  Secretary  inform  the  House  of  the  passage  of 
said  bill,  as  amended,  and  return  the  same  with  the  reasons  aforesaid. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  directing 


Governor  and  Council — October  1829.  389 

petitions  for  ferries,  turnpikes,  roads,  canals  and  railways  to  be  pub- 
lished," Which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 
bill,  and  Ordered  that  the  Secretary  inform  the  House  of  such  con- 
currence. 

Kecd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  to  incor- 
porate certain  persons  therein  named  by  the  name  of  the  Champlain 
Dock  Company,"  which  was  read  &  Ordered  to  lie  on  the  table.  Ad- 
journed to  7  o'clock  tomorrow  morning. 


Friday  Oct.  30, 1829.    7  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  en- 
grossed bill,  entitled  "An  act  to  incorporate  certain  persons  therein 
named  by  the  name  of  the  Champlain  Dock  Company,"  which  was,  last 
evening,  laid  on  the  table,  was  taken  up  and  amended  by  adding  to  the 
first  section  the  following,  to  wit,  "  for  the  purpose  of  erecting  wharves 
and  docks  in  Burlington  Bay,"  and  by  striking  out  the  whole  of  the  sec- 
ond section.  Whereupon,  Resolved  to  concur  in  passing  said  bill,  as 
amended,  and  Mr.  Pierpoint  was  appointed  to  assign  reasons  to  the 
House  for  such  amendments. 

The  following  resolution  was  introduced,  to  wit,  "  In  Council,  Oct.  30, 
1S29,  Resolved,  That  His  Excellency,  the  Governor,  be  requested  to  ap- 
point Friday,  the  ninth  day  of  April  next,  to  be  observed  as  a  day  of 
public  fasting,  humiliation  and  prayer  throughout  this  state,"  Which 
was  read  and  passed. 

The  House  sent  up,  for  revision  &c-  an  engrossed  bill,  entitled  "An 
act  for  the  benefit  of  poor  debtors,"  which  was  read  ;  Whereupon,  Re- 
solved not  to  concur  in  passing,  and  Mr.  Langdon  was  appointed  to  pre- 
pare reasons  in  writing  for  such  non  concurrence,  and  he  reported  the 
following,  to  wit,  "  The  Governor  and  Council  are  not  advised  that  any 
very  serious  evils  exist  under  the  present  law,  relative  to  poor  debtors, 
which  would  be  remedied  by  said  bill : — that  the  bill  makes  many  im- 
portant alterations  in  the  existing  laws,  which  have  been  in  force  for 
many  years,  and  that,  at  this  late  hour  of  the  Session  of  the  Legislature, 
it  is  inexpedient  to  make  any  material  alterations  therein,"  which  were 
adopted — Whereupon,  it  was  Ordered  that  the  Secretary  return  said  bill 
to  the  House  with  the  reasons  aforesaid. 

A  message  was  received  from  the  House  by  Mr.  Steele  of  Canaan,  one 
of  its  members,  informing  that  the  House  had  again  passed  the  bill  enti- 
tled "  an  act  laying  a  tax  of  four  cents  on  each  acre  of  land  in  the  town 
of  Canaan,"  in  the  passage  of  which  the  Governor  and  Council,  last  eve- 
ning, resolved  not  to  concur,  and,  after  assigning  reasons,  M>  Steele 
with-drew,  Whereupon,  Resolved  to  rescind  from  the  vote  of  non-concur- 
rence in  the  passage  of  said  bill,  and  said  bill  was  amended  by  striking 
out  the  word  "  four  "  from  the  title,  and  the  word  "  four  "  from  the  third 
line  of  the  bill,  and  inserting  in  lieu  of  each  the  word  "  two,"  Whereupon, 
Resolved  to  concur  in  passing  said  bill  as  amended,  and  Mr.  Deming  was 
appointed  to  assign  reasons  to  the  House  for  such  amendments. 

Recd-  a  message  from  the  Speaker  of  the  House  of  Representatives, 
informing  that  the  General  Assembly  had  concurred  in  the  amendments 
proposed  by  the  Governor  and  Council  to  the  following  bills,  to  wit,  "An 
act  altering  the  times  of  holding  certain  County  Courts  ";  "  An  act  in  ad- 
dition to  an  act  to  incorporate  the  Vermont  Mutual  Fire  insurance  Com- 
pany ";  "An  act  in  addition  to  an  act  entitled  '  an  act  directing  the  mode 
of  obtaining  licences  and  regulating  inns  and  houses  of  public  enter- 
tainment,' passed  Nov.  2.  1798";  "An  act  providing  for  the  publication 
of  the  reports  of  the  Supreme  Court";  "An  act  annexing  part  of  the 
town  of  Chittenden  to  the  town  of  Sherburne  ";  "An  act  relating  to  the 


390 


Governor  and  Council — October  1829. 


collection  of  State  taxes";  "An  act  annexing  part  of  the  town  of  Mid- 
dlebury  to  the  town  of  Ripton";  "An  act  annexing  part  of  the  town 
of  Brookfield  to  the  town  of  Chelsea  ";  "An  act  in  addition  to  an  act  en- 
titled '  an  act  constituting  the  Supreme  Court  of  judicature  and  County 
Courts,  defining  their  powers  and  regulating  judicial  proceedings'";  "An 
act  to  incorporate  certain  persons  therein  named  by  the  name  of  the 
Champlain  Dock  Company,"  and  "An  act  laying  a  tax  of  four  cents  on 
each  acre  of  land  in  the  town  of  Canaan  ";  Which  was  read. 

Received  a  message  from  the  House  of  Representatives  by  Mr.  Paine, 
one  of  its  members,  informing  that  the  House  had  completed  the  business 
of  the  Session,  on  their  part,  and  were  ready  to  meet  the  Governor  and 
Council  for  the  purpose  of  adjourning  the  Legislature  without  day.  Or- 
dered that  the  Secretary  inform  the  House  of  Representatives  that  the 
Governor  and  Council  will  immediately  attend  in  the  representatives' 
room,  for  the  purpose  of  adjourning  the  Legislature  without  day. 

The  Governor  and  Council  attended  in  the  representatives'  room, 
agreeably  to  the  joint  resolution  of  the  two  houses,  and,  after  a  prayer 
by  the  Chaplain,  the  Sheriff  of  Washington  County,  by  direction  of  His 
Excellency  the  Governor,  adjourned  the  General  Assembly  without  day. 
The  Governor  and  Council  then  returned  to  their  Chamber  and  ad- 
journed without  day. 

State  of  Vermont  ss.  The  foregoing,  from  page  161  to  page  247  > 
inclusive,  [of  the  manuscript  Council  Journal,  Vol.  11,]  is  a  true  journal 
of  the  proceedings  of  the  Governor  and  Council,  at  their  annual  session 
in  the  year  1829.  Geo.  B.  Shaw,  Secretary. 

His  Excellency,  the  Governor,  was  pleased  to  appoint  James  Davis 
Esqr-  agent  for  publishing  the  Reports  of  the  Supreme  Court,  under  the 
act  of  1829,  authorizing  such  appointment. 


Debenture  of  the  Lieut.  Gov- 
ernor and  Council,  1829. 

No. 
Miles 
Travel. 

Ain't 

of 

Travel. 

No. 

days 

Att'nce. 

Am't. 

of 
Att'nce. 

Debenture. 

Lieut.  Gov.  Olin 

70 

8.40 

23 

92.00 

100.40 

Mr.  Allen 

45 

5.40 

23 

34.50 

39.90 

"    Clark  of  B. 

110 

13.20 

23 

34.50 

47.70 

"    Clark  of  W. 

110 

13.20 

23 

34.50 

47.70 

"    Davis 

65 

7.80 

19 

28.50 

36.30 

"    Deming 

30 

3.60 

23 

34.50 

38.10 

"    Harris 

32 

3.84 

23 

34.50 

38.34 

"    Hoyt 

55 

6.60 

23 

34.50 

41.10 

"    Langdon 

90 

10.80 

23 

34.50 

45.30 

u    Lyman 

50 

6.00 

21 

31.50 

37.50 

"    Pierpoint 

70 

8.40 

23 

34.50 

42.90 

"    Thompson 

38 

4.56 

23 

34.50 

39.06 

"    Worthington 

1 

0.12 

23 

34.50 

34.62 

Sheriff  Keith 

1 

0.12 

23 

34.50 

34.62 

Deputy 

10 

120 

23 

34.50 

35.70 

Librarian 

1 

12 

23 

34.50 

34.62 

$693.86 

The  above  was  received  of  the  Treasurer,  by  the  Sheriff  of  Washing- 
ton County,  and  by  him  paid  over  to  the  members  of  the  Council  &c- 


FIFTY-FOURTH  COUNCIL, 

OCTOBER  1830  TO  OCTOBER  1831. 


Samuel  C.  Crafts,  Craftsbury,  Governor. 
Mark  Richards,  Westminster,  Lieut.  Governor.1 

Councillors: 


Robert  Pierpoint,  Rutland, 
John  C.  Thompson,  Burlington, 
Geo.  Worthington,  Montpelier, 
Benjamin  F.  Deming,  Danville, 
Jedediah  H.  Harris,  Strafford, 
Myron  Clark,  Manchester, 

George  B.  Shaw,  Danville,  Secretary. 
Rawsel  R.  Keith,  Montpelier,  Sheriff. 
Calvin  J.  Keith,  Montpelier,  Librarian 


Ezra  Hoyt,  New  Haven, 
Ira  H.  Allen,  Irasburgh, 
Samuel  Clark,  Brattleborough, 
James  Davis,  St.  Albans, 
William  G.  Hunter,  Windsor, 
Henry  F.  Janes,  Waterbury. 


BIOGRAPHICAL  NOTICES. 

William  G.  Hunter  was  a  son  of  Hon.  Wm.  Hunter.  It  seems 
that  he  held  no  office  except  that  of  Councillor  for  the  single  year  1830- 
'31.  At  the  election  of  Sept.  1831,  the  anti-masonic  ticket  prevailed,  and 
all  the  Councillors  elected  in  1830,  Mr.  Janes  excepted,  were  superseded. 
This  sufficiently  accounts  for  the  disappearance  of  Mr.  Hunter  from  the 
Council. 

Henry  F.  Janes  was  born  in  Brimfield,  Mass.,  in  October,  1792,  re- 
moved to  Vermont  soon  after  becoming  of  age,  studied  law  at  Montpe- 
lier, and  was  admitted  to  the  bar  of  Washington  County  in  1817.  In  that 
year  he  settled  in  Waterbury,  where  he  still  [1879]  resides.  He  was 
postmaster  of  Waterbury  1820  to  1830,  Councillor  1830  until  1835,  mem- 
ber of  Congress  1835  to  1837,  State  Treasurer  1838  until  1841,  member  of 
the  Council  of  Censors  in  1848,  and  representative  of  Waterbury  in  the 
Legislature  of  1855. 

»For  notice  of  Mr.  Richards  see  Vol.  v,  p.  1. 


392  Governor  and  Council — October  1830. 

RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION  WITH  THE  GENERAL  ASSEMBLY  AT  MONTPE- 
LIER,  OCTOBER  1830. 


A  journal  of  the  proceedings  of  the  Governor  and  Council  of  the  State 
of  Vermont,  at  their  session,  begun  and  holden  at  Montpelier,  on  the 
second  Thursday,  (being  the  fourteenth  day,)  of  October,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  thirty,  and  of  the  Inde- 
pendence of  the  United  States,  the  fifty  fifth.  Present,  His  Excellency. 
Samuel  C.  Crafts,  Governor,  The  Hon.  Myron  Clark,  of  Bennington 
County,  Samuel  Clark,  of  "Windham  County,  Benjamin  F.  Deming,  Jed- 
ediah  H.  Harris,  Ezra  Hoyt,  John  C.  Thompson,  George  Worthington, 
Robert  Pierpoint  &  Job  Lyman,  Councillors. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Follett,  one  of  its  members,  informing  that  the  House  had  organized,  by 
electing  Robert  B.  Bates,  Speaker,  pro  tern,  and  Timothy  Merrill,  Clerk, 
pro  tern,  and  was  ready  to  receive  any  communications,  which  the  Gov- 
ernor and  Council  might  make.  Ordered,  That  the  Secretary  inform  the 
House  of  Representatives  that  the  Governor  and  a  quorum  of  the  Coun- 
cil are  assembled  in  the  Council  Chamber,  and  are  ready  to  proceed  to 
business. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Lyman  of  Hartford,  one  of  its  members,  informing  that  the  House  had, 
on  their  part,  appointed  a  Canvassing  Committee,  to  sort  and  count  the 
votes  for  Governor,  Lieutenant  Governor,  Treasurer  and  Councillors, 
for  the  year  ensuing,  and  requesting  the  Governor  and  Council  to  join 
in  said  appointment,  —  Whereupon,  Resolved  to  concur  in  said  appoint- 
ment, and  Messrs.  Deming,  Pierpoint  and  Lyman  were  appointed  from 
Council,  and  were  duly  sworn,  by  the  Hon.  Mr.  Hoyt,  of  the  Council,  to 
the  faithful  discharge  of  their  duty.  Ordered  that  the  Secretary  inform 
the  House  of  such  concurrence  and  appointment. 

Adjourned  to  4  o'clock  P.  M.1 

4  o'clock  P.  M.  —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Allen  appeared  in  the  Council  chamber  and  took  his 
seat  as  a  member  of  the  Council. 

A  message  was  received  from  the  House  of  Representatives,  by  Mr. 
Smith  of  S*-  Albans,  one  of  its  members,  informing  that  the  House  was 
ready  on  their  part  to  receive  the  report  of  the  canvassing  Committee. 
Ordered,  that  the  Secretary  inform  the  House,  that  the  Governor  and 
Council  will  immediately  attend  in  the  Representatives'  room  to  receive 
the  report  of  the  Canvassing  Committee.  The  Governor  and  Council 
repaired  to  the  Representatives'  room,  for  the  purpose  of  receiving  the 
report  of  the  Canvassing  Committee,  when  the  following  report  was 
made,  viz. — 

"To  the  Hon.  General  Assembly,  now  sitting.  The  joint  Committee, 
appointed  to  receive,  sort  and  count  the  votes  for  Governor,  Lieut.  Gov- 
ernor, Treasurer  and  Councillors,  respectfully  report,  that  they  have 
attended  to  the  duties  of  their  appointment,  and  that  the  votes  returned 

1  The  election  sermon  was  preached  by  Rev.  George  G.  Ingersoll. 


Governor  and  Council — October  1830.  393 

for  Governor,  are  as  follows  :  —  For  Samuel  C.  Crafts  13,476.  For  Wil- 
liam A.  Palmer  10,923.  For  Ezra  Meech  6285.  Scattering  37.  Your 
Committee  therefore  report  that  the  freemen  have  not  elected  a  Gover- 
nor for  the  year  ensuing.  Your  Committee  further  report,  that  the 
votes,  returned  for  Lieutenant  Governor,  are  as  follows,  For  Mark 
Eichards  12,779.  For  Lebbeus  Edgerton  10,594.  For  John  Roberts 
6,405.  Scattering  69.  Your  Committee  therefore  report,  that  the  free- 
men have  not  elected  a  Lieutenant  Governor  for  the  year  ensuing. 
Your  Committee  further  report  that  Benjamin  Swan  is  elected  Treas- 
urer of  this  State  for  the  year  ensuing,  and  that  Myron  Clark,  William 
G.  Hunter,  John  C.  Thompson,  Ira  H.  Allen,  Samuel  Clark,  Ezra  Hoyt, 
George  Worthington,  Benjamin  F.  Deming,  Robert  Pierpoint,  Jedediah 
H.  Harris,  James  Davis,  and  Henry  F.  Janes  are  elected  Councillors  for 
the  year  ensuing.  R.  Pierpoint,  Chairman. 

R.  C.  Royce,  Clerk. 

Montpelier,  Oct.  14. 1830." 

The  Governor  and  Council  then  returned  to  their  Chamber,  and  ad- 
journed to  9  o'clock  to-morrow  morning. 


Friday  Oct.  15, 1830.    9  o'clock  A.  M. 

The  Council  met  agreeably  to  adjournment.  Messrs.  Allen,  Myron 
Clark,  Samuel  Clark,  Deming,  Harris,  Hoyt,  Pierpoint,  Thompson,  Wor- 
thington and  Hunter,  elected  Councillors  for  the  year  ensuing,  were 
duly  sworn  to  the  faithful  discharge  of  their  duty,  by  the  Hon.  Samuel 
Prentiss,  Chief  Justice  of  the  Supreme  Court.  The  Council  proceeded 
to  organize  and  made  choice  of  The  Hon.  Robert  Pierpoint,  President 
pro  tern.     Ordered  that  the  Secretary  inform  the  House  accordingly. 

Mr.  Thompson  introduced  the  following  resolution,  to  wit,  "  In  Coun- 
cil Oct.  15.  1830.  Resolved,  the  General  Assembly  concurring  herein, 
that  both  Houses  meet  in  joint  Committee  in  the  Representatives'  room, 
at  11  o'clock  A.  M.  this  day,  for  the  purpose  of  electing  a  Governor  and 
Lieut.  Governor  for  the  year  ensuing,"  Which  was  read  ami  passed  and 
ordered  to  be  sent  to  the  House  of  Representatives  for  their  concur- 
rence. A  message  was  received  from  the  House  of  Representatives,  in- 
forming that  that  body  had  concurred  in  the  resolution  of  the  Council, 
assigning  a  time  for  the  meeting  of  both  Houses  for  the  purpose  of  elect- 
ing a  Governor  and  Lieut.  Governor  for  the  year  ensuing. 

A  message  was  received  from  the  House  of  Representatives,  informing 
that  the  House  had  organized  by  electing  Robert  B.  Bates,  Speaker, 
Timothy  Merrill,  Clerk,  Norman  Williams,  Secretary  of  State,  and  Dan- 
iel P.  Thompson,  Engrossing  Clerk. 

The  Council  proceeded,  agreeably  to  joint  resolution,  to  the  Repre- 
sentatives' room,  and,  in  joint  Committee,  ballotted  for  Governor,  with- 
out effecting  a  choice,  after  which  they  returned  to  their  chamber.  Ad- 
journed to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Council  met  agreeably  to  adjournment.  The 
Hon.  Henry  F.  Janes,  elected  a  member  of  the  Council  for  the  year  en- 
suing, appeared  in  the  Council  chamber  &  was  duly  sworn  to  the  faith- 
ful discharge  of  the  duties  of  said  office. 

The  Council  proceeded  to  the  Representatives'  room,  for  the  purpose 
of  electing,  in  joint  Committee,  a  Governor  &  Lieut.  Governor  for  the 
year  ensuing,  and,  after  several  ineffectual  ballottings  for  a  Governor, 
the  joint  Committee  adjourned  to  10  o'clock  to-morrow  morning,  and  the 


394  Governor  and  Council — October  1830. 

Council  returned  to  their  chamber.     Adjourned  to  9  o'clock  tomorrow 
morning. 


Saturday  Oct.  16, 1830.  9  o'clock  A.  M. 
The  Council  met  agreeably  to  adjournment.  Pursuant  to  the  adjourn- 
ment of  the  joint  Committee,  the  Council  proceeded  to  the  Representa- 
tives' room  for  the  purpose  of  electing,  in  concurrence  with  that  body,  a 
Governor  and  Lieut.  Governor  for  the  year  ensuing,  when,  after  several 
ineffectual  ballottings  for  a  Governor,  the  joint  Committee  adjourned  to 
2  o'clock  P.  M.  and  the  Council  returned  to  their  chamber.  Adjourned 
to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Council  met  agreeably  to  adjournment.  Re- 
ceived from  the  House,  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved,  the  Hon.  Council  concurring  herein,  that  both 
houses  meet  in  joint  Committee  in  the  representatives'  room,  at  two 
o'clock  this  afternoon,  for  the  purpose  of  electing  a  chaplain  of  the  Gen- 
eral Assembly  for  the  year  ensuing," — "Which  was  read,  Whereupon 
Resolved  to  concur  in  passing  said  resolution,  and  Ordered  that  the  Sec- 
retary inform  the  House  of  such  concurrence.  The  Council,  in  pursu- 
ance of  said  last  mentioned  joint  resolution,  proceeded  to  the  Represent- 
atives' room,  and,  after  having  attended  to  the  election  of  a  chaplain, 
proceeded  in  joint  Committee,  agreeably  to  adjournment,  when,  after 
having  balloted  several  times  for  a  Governor,  without  effecting  a  choice, 
the  joint  Committee  adjourned  to  10  o'clock,  on  Monday  morning  next, 
and  the  Council  returned  to  their  Chamber.1  Adjourned  to  9  o'clock 
Monday  morning. 


Monday  Oct.  18, 1830.  9  Oclock  A.  M. 
The  Council  met  agreeably  to  adjournment.  In  pursuance  of  the  ad- 
journment of  the  joint  Committee,  the  Council  proceeded  to  the  Repre- 
sentatives' room,  when,  after  several  ineffectual  ballotings  for  a  Gover- 
nor, for  the  year  ensuing,  the  joint  Committee  adjourned  to  10  o'clock 
to-morrow  morning,  and  the  Council  returned  to  their  Chamber.  Ad- 
journed to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Council  met  agreeably  to  adjournment.    Ad- 
journed to  9  o'clock  to-morrow  morning. 


Tuesday  Oct.  19, 1830.  9  o'clock  A.  M. 
The  Council  met  agreeably  to  adjournment.  In  pursuance  of  the  ad- 
journment of  the  joint  Committee  of  both  Houses,  the  Council  proceeded 
to  the  Representatives'  room,  for  the  purpose  of  electing  a  Governor  and 
Lieut.  Governor  for  the  year  ensuing,  and  the  ballots  for  Governor  hav- 
ing been  received  and  counted,  His  Excellency  Samuel  C.  Crafts  was 
duly  elected  Governor  of  the  State  of  Vermont  for  the  year  ensuing,  of 
which  proclamation  was  duly  made.  The  ballots  for  Lieut.  Governor 
having  been  received,  examined  and  counted,  The  Hon.  Mark  Richards 
was  duly  elected  Lieut.  Governor  of  the  State  of  Vermont  for  the  year 
ensuing,  of  which  proclamation  was  duly  made.    The  joint  Committee 

1  Rev.  George  G.  Ingersoll  was  elected  chaplain. 


Governor  and  Council — October  1830.  395 

was  then  dissolved,  and  the  Council  returned  to  their  Chamber.    Ad- 
journed to  2  o'clock  P.  M. l 

2  o'clock  P.  M. — The  Council  met  agreeably  to  adjournment.  The 
Hon.  Mark  Richards,  elected  Lieutenant  Governor  of  the  State  of  Ver- 
mont for  the  year  ensuing,  appeared  in  the  Council  chamber  and  was 
duly  sworn  into  said  office. 

Recd-  from  the  House,  for  concurreuce,  the  following  resolution,  to 
wit,  "Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  County  Conventions,  on  Wednesday  next,  at  three 
o'clock  in  the  afternoon,  for  the  purpose  of  making  nominations  of 
County  officers,  and  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  was  read, 
Whereupon  Resolved  to  concur  in  passing  said  resolution,  and  Ordered 
that  the  Secretary  notify  the  House  accordingly. 

Received  from  the  House  the  following  lisf  of  joint  Standing  Commit- 
tees, to  wit,  A  Committee  of  four,  denominated  the  Committee  of  Ways 
&  Means.  A  Committee  of  four,  denominated  the  Committee  on  Mili- 
tary affairs.  A  Committee  of  four,  denominated  the  Judiciary  Commit- 
tee. A  Committee  of  four,  denominated  the  Committee  of  Claims.  A 
Committee  of  four,  denominated  the  Committee  of  Insolvency.  A 
Committee  of  four,  denominated  the  Committee  on  roads  &  canals.  A 
Committee  of  four,  denominated  the  Committee  of  Manufactures.  A 
Committee  of  four,  denominated  the  Committee  of  Agriculture.  A 
Committee  of  four,  denominated  the  Land  Tax  Committee.  A  Com- 
mittee of  four,  denominated  the  Committee  on  Education.  A  Commit- 
tee of  thirteen,  donominated  the  General  Committee  ;  —  with  a  request 
that  the  Governor  and  Council  would  join  on  their  part  in  said  appoint- 
ment. Whereupon,  Resolved  to  concur  in  the  appointment  of  said 
Committees. 

Recd-  from  the  House,  for  concurrence  in  the  reference,  The  petition 
of  Norman  Cleveland,  for  relief,  with  an  order  of  the  House  thereon 
referring  the  same  to  a  select  committee  of  four  to  join  from  Council, 
Whereupon  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Thompson  was  appointed  from  Council. 

The  following  gentlemen  were  appointed  on  the  several  joint  standing 
Committees,  to  wit,  on  the  Committee  of  Ways  &  Means  Mr-  Deming. 
On  the  Committee  on  Military  Affairs  Mr-  Myron  Clark.  On  the  Judi- 
ciary Committee  Mr-  Thompson.  On  the  Committee  of  Claims  Mr- 
Hunter.  On  the  Committee  of  Insolvency  Mr-  Harris.  On  the  Com- 
mittee on  roads  and  canals  Mr-  Janes.  On  the  Committee  of  Manufact- 
ures Mr-  Samuel  Clark.      On  the  Committee  of  Agriculture  Mr-  Hoyt. 

'  There  were  three  parties  in  the  Legislature,  the  National  Republi- 
cans, the  Anti-Masons,  and  the  Jackson  men  or  Democrats.  There 
were  thirty-two,  ballots,  Gov.  Crafts  having  been  elected  on  the  thirty- 
second  ballot.    The  first  and  thirty-second  ballots  were  as  follows: 


First  Ballot. 
Samuel  C.  Crafts,  (Nat.  Repub.)  105 
Wm.  A.  Palmer,  (Anti-Mason,)   80 
Wm.  C.  Bradley,  (Jacksonian,)    38 
Scattering,  5 


Thirty-Second  Ballot. 

Samuel  C.  Crafts,  115 

Wm.  A.  Palmer,  72 

Wm.  C.  Bradley,                    ■  37 

Blank,  1 


Mark  Richards  was  elected  Lieut.  Governor  on  the  third  ballot,  as  fol- 
lows: Mark  Richards,  117;  Lebbeus  Edgerton,  57;  John  Roberts,  37. 


396  Governor  and  Council — October  1830. 

On  the  Land  Tax  Committee  Mr-  Allen.    On  the  Committee  on  Educa- 
tion Mr-  Pierpoint.    On  the  General  Committee  Mr-  Worthingtoh. 
Adjourned  to  9  o'clock  to-morrow  morning. 


Wednesday  Oct.  20, 1830.    9  o'clock  A.  M. 

The  Council  met  agreeably  to  adjournment,  Lieut.  Gov.  Richards  in 
the  Chair.  The  House  sent  up  for  concurrence  in  passing,  the  follow- 
ing resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  Judiciary  Committee  be  instructed  to  inquire  into  the 
expediency  of  providing  by  law,  for  perambulating  or  establishing  town 
lines  in  this  State."  Read;— Whereupon,  Resolved  to  concur  in  passing 
said  resolution. 

Recd-  from  the  House,  for  concurrence  in  the  reference,  the  following, 
to  wit,  "An  act,  in  addition  to  an  act,  entitled  '  an  act,  ascertaining  the 
principles,  on  which  the  list  of  this  Staie  shall  be  made  &  directing  list- 
ers in  their  office  and  duty,'  passed  Nov.  17. 1825,"  with  an  order  of  ref- 
erence thereon  to  the  General  Committee;  Also,  The  petition  of  Samuel 
Wead  &  others;  Report  of  the  Auditor  in  the  Treasury  department; 
The  petition  of  the  Selectmen  of  Morgan;  The  petition  of  Martin  Prin- 
dle  and  others;  "  An  act  directing  -the  Treasurer  of  this  State  to  credit 
the  town  of  Belvidere  the  amount  of  the  State  tax  assessed  on  said  town 
for  the  year  1829,"  &  The  petition  of  Daniel  Mack;  with  an  order  of  ref- 
erence on  each  to  the  Committee  of  Ways  &  Means.  Also,  The  petition 
of  Daniel  Bowen  &  others,  with  an  order  of  reference  thereon  to  the 
Committee  on  Military  affairs;  Also,  The  petition  of  Horace  Janes  & 
others  ;  The  petition  of  Jacob  Johnson  ;  The  petition  of  Executors  of 
James  Perkins;  "An  act  in  addition  to  an  act,  entitled  'an  act  for  the 
punishment  of  certain  inferior  crimes  &  misdemeanors'";  "  An  act  re- 
lating to  the  settlement  of  the  accounts  of  the  several  County  Treasurers 
in  this  State;"  "An  act  legalizing  the  proceedings  of  the  Burlington  Fire 
Company,"  and  The  petition  of  Harvey  Deming  &  others;  with  an  order 
of  reference  on  each  to  the  Judiciary  Committee;  Also,  The  petition  of 
the  Select-men  of  Vernon  ;  The  petition  of  Edward  G.  Babcock  ;  The 
petition  of  Nahum  Jennison  &  Joseph  S.  Jennison;  The  petition  of  Will- 
iam B.  Pratt;  Account  of  Austin  Birchard  against  the  State,  disallowed 
by  the  Auditor  and  referred  to  the  General  Assembly;  "An  act  providing 
a  compensation  to  the  Hon.  Bates  Turner,  late  Judge  of  the  Supreme 
Court ";  Account  of  the  overseer  of  the  poor  of  Middlebury  against  the 
State,  disallowed  by  the  auditor  &  referred  to  the  General  Assembly;  The 
petition  of  the  Selectmen  of  Danby;  The  petition  of  Sylvanus  Ripley;  The 
petition  of  John  Chaffee;  The  petition  of  Albe  Davison;  The  petition  of 
Tappan  Stevens;  Account  of  Porter  &  Gowdy  against  the  State,  disallowed 
by  the  Auditor  and  referred  to  the  General  Assembly  ;  The  account  of 
Philip  Pond,  against  the  State,  disallowed  by  the  Auditor  and  referred 
to  the  General  Assembly;  "  An  act  directing  the  Treasurer  to  pay  Jo- 
seph Newton  the  sum  therein  mentioned;"  and  The  petition  of  Benjamin 
F.  Haskell;  with  an  order  of  reference  on  each  to  the  Committee  of 
claims;  Also,  The  petition  of  Rodney  C.  Marsh  &  others;  The  petition 
of  Benjamin  Sanford;  "An  act  in  addition  to  an  act  entitled  '  an  act  re- 
lating to  jails  &  jailers,  and  for  the  relief  of  persons  imprisoned  therein'"; 
The  petition  of  Elias  Doty  &  others;  The  petition  of  Chester  Herrick  & 
others;  The  petition  of  Thomas  Alden  &  others;  and  the  petition  of  Eb- 
enezer  M.  Farrington  &  others;  with  an  order  of  reference  on  each  to 
the  Committee  of  Insolvency; — Also,  The  petition  of  the  Selectmen  of 
Greensboro;  The  petition  of  Miles  H.  Johnson;  "An  act  in  addition  to 


Governor  and  Council — October  1830.  397 

and  alteration  of  an  act  entitled  '  an  act  reducing  into  one  the  several 
acts  for  laying  out,  making,  repairing  and  clearing  highways' ";  "An  act 
relating  to  roads  and  bridges  ";  "An  act  further  to  continue  in  force  an 
act  therein  mentioned  ";  and  The  petition  of  John  Holbrook  and  others; 
with  an  order  of  notice  [reference]  on  each  to  the  Committee  on  roads 
&  canals;— Also,  The  petition  of  the  Selectmen  of  Richford;  The  peti- 
tion of  the  Selectmen  of  Stratton;  The  petition  of  Jonathan  Arms  &  oth- 
ers; The  petition  of  the  Selectmen  of  Waterville;  The  petition  of  the 
Selectmen  of  Topsham;  The  petition  of  Pliny  Parker  &  others;  The 
petition  of  Rums  Hamilton  &  others;  The  petition  of  the  Selectmen  of 
Worcester;  The  petition  of  Josiah  Lyon;  The  petition  of  John  Cush- 
man;  The  petition  of  Selectmen  of  Eden;  The  petition  of  Jairus  Steb- 
bins  &  others;  The  petition  of  the  Selectmen  of  Sherburne;  and  The 
petition  of  the  Selectmen  of  Groton:  with  an  order  of  reference  on  each 
to  the  Land  Tax  Committee;—  Also',  The  petition  of  Ebenezer  Conant  & 
others,  and  The  petition  of  the  Trustees  of  Bradford  Academy;  with  an 
order  of  reference  on  each  to  the  Committee  on  Education;  Whereupon, 
Besolved  to  concur  in  said  several  orders  of  reference. 

Recd- also  for  concunence  in  the  reference: — The  petition  of  Moses 
Strong,  with  an  order  of  reference  thereon  to  a  Committee  of  two  mem- 
bers of  the  House  of  Representatives,  to  join  from  Council ;  Whereupon, 
Resolved  to  concur  in  said  order  of  reference  and  Mr-  Deming  was 
appointed  from  Council.  Also,  The  petition  of  Aaron  S.  Beeman  and 
others,  with  an  order  of  reference  thereon  to  a  Committee  of  four  mem- 
bers of  the  House  of  Representatives  to  join  from  Council ;  Whereupon, 
Resolved  to  concur  in  said  order  of  reference  &  Mr-  Thompson  was 
appointed  from  Council.  Recd-  also,  The  petition  of  John  Cressey  & 
others,  with  an  order  of  reference  thereon  to  a  committee  of  two  mem- 
bers of  the  House  to  join  from  Council ;  Whereupon,  Resolved  to  concur 
in  said  order  of  reference  and  Mr-  Hunter  was  appointed  from  Council. 
Recd-  also,  The  petition  of  Antipas  Fletcher  &  others,  with  an  order  of 
reference  thereon  to  a  Committee  of  two  members  of  the  House,  to  join 
from  Council,  Whereupon,  Resolved  to  concur  in  said  order  of  reference 
&  Mr-  Allen  was  appointed  from  Council.  Recd-  also,  The  petition  of 
Abel  Phelps  &  others,  with  an  order  of  reference  thereon  to  a  committee 
of  three  members  of  the  House,  to  join  from  Council.  Whereupon, 
Resolved  to  concur  in  said  order  of  reference,  and  Mr-  Clark  of  Benning- 
ton County  was  appointed  from  Council.  Recd-  also,  the  petition  of  Asa 
Spaulding  3d»  with  an  order  of  reference  thereon  to  a  committee  of  two 
members  of  the  House,  to  join  from  Council,  Whereupon,  Resolved  to 
concur  in  said  order  of  reference  and  Mr-  Hunter  was  appointed  from 
Council.  Recd-  also,  The  petition  of  Joseph  Berry  &  others,  with  an 
order  of  reference  thereon  to  a  committee  of  two  members  of  the  House, 
to  join  from  Council ;  Whereupon,  Resolved  to  concur  in  said  order  of 
reference  &  Mr  Pierpoint  was  appointed  from  Council.  Recd-  also,  The 
petition  of  Isaiah  Clark,  jr.,  &  others,  with  an  order  of  reference  thereon 
to  a  committee  of  two  members  of  the  House,  to  join  from  Council. 
Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  M»- 
Worthington  was  appointed  from  Council.  Recd-  also,  "An  act  to  incor- 
porate the  President,  Directors  &  Company  of  the  Bank  of  Manchester," 
with  an  order  of  reference  thereon  to  a  committee  of  the  members  of 
the  House  from  the  County  of  Bennington,  to  join  from  Council ; 
Whereupon,  Resolved  to  concur  in  said  order  of  reference,  &  Mr-  Clark 
of  Bennington  County  was  appointed  from  Council.  Recd-  also,  The 
petition  of  John  Robie,  2d»  with  an  order  of  reference  thereon  to  a  Com- 
mittee of  two  members  of  the  House,  to  join  from  Council ;  Whereupon, 
Resolved  to  concur  in  said  order  of  reference  &  Mr-  Hoyt  was  appointed 


398  Governor  and  Council — October  1830. 

from  Council.  Recd-  aZso,  The  petition  of  Joseph  Frost  and  others,  with 
an  order  of  reference  thereon  to  a  committee  of  four  members  of  the 
House  to  join  from  Council :  Whereupon,  Resolved  to  concur  in  said 
order  of  reference  &  Mr-  Janes  was  appointed  from  Council.  Recd- 
also,  The  petition  of  Samuel  Ford,  with  an  order  of  reference  thereon  to 
a  Committee  of  four  members  of  the  House,  to  join  from  Council. 
Whereupon,  Resolved  to  concur  in  said  order  of  reference  &  Mr-  Clark  of 
Windham  County  was  appointed  from  Council.  Recd*  also,  The  petition 
of  Richard  Skinner  &  others,  with  an  order  of  reference  thereon  to  a 
Committee  of  three  members  of  the  House,  to  join  from  Council. 
Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and  Mr- 
Harris  was  appointed  from  Council. 

Recd-  also,  the  following,  to  wit,  The  petition  of  Africa  &  John  Davis, 
with  an  order  of  reference  thereon  to  the  Committee  raised  on  the  peti- 
tion of  Moses  Strong  ;  also,  The  petition  of  Samuel  Warner  ;  The  peti- 
tion of  John  Knight,  jr. ;  The  petition  of  Abner  Ladd  &  others  ;  and 
The  petition  of  William  Stephenson  &  others,  with  an  order  of  reference 
on  each  to  the  Committee  raised  on  the  petition  of  Abel  Phelps  ;  Also, 
The  petition  of  Moses  S.  Colto.n  &  others,  and  The  remonstrance  of 
Moody  Shattuck  &  others,  with  an  order  of  reference  on  each  to  the 
Committee  raised  on  the  petition  of  Antipas  Fletcher  &  others  ;  Also, 
The  petition  of  William  John  Sumner,  and  The  petition  of  David  & 
Mary  Berry,  with  an  order  of  reference  on  each  to  the  Committee  raised 
on  the  petition  of  John  Robie  2d;  Whereupon,  Resolved  to  concur  in 
said  several  orders  of  reference. 

The  Governor  and  Council  attended  in  the  Representatives'  room, 
where  His  Excellency  took  the  oaths  prescribed  by  the  Constitution, 
and  made  the  following  communication  to  both  Houses,  to  wit.1  The 
Governor  and  Council  then  returned  to  their  Chamber.  Adjourned  to 
2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. His  Excellency,  the  Governor,  was  pleased  to  appoint  Geo. 
B.  Shaw,  Secretary  of  the  Governor  and  Council  for  the  year  ensuing, 
who  was  duly  sworn  to  the  faithful  discharge  of  the  duties" of  said  office 
by  the  Hon.  Mr-  Pierpoint. 

Received  from  the  House,  for  concurrence  in  the  reference,  the  follow- 
ing, to  wit,  The  petition  of  Lewis  Hutchins  and  others;  The  petition  of 
Isaac  N.  Cushman  &  others  ;  The  petition  of  John  Beckwith  &  others  ; 
The  petition  of  Charles  Dana  &  others,  The  petition  of  Abel  Under- 
wood &  others,  The  petition  of  Joseph  A.  Denison  &  others,  The  peti- 
tion of  Ira  H.  Allen  &  others,  The  petition  of  Elisha  C.  Coolidge  &  others, 
The  petition  of  Samuel  S.  Stevens  &  others,  The  petition  of  Samuel  Lit- 
tle &  others,  The  petition  of  Edwin  Pierce  &  others,  The  petition  of 
Moses  L.  Church  &  others,  The  petition  of  Reuben  A.  Lamb  &  others 
&  The  petition  of  Simeon  Farnsworth  &  others,  with  an  order  of  refer- 
ence on  each  to  the  Committee  raised  on  the  petition  of  Norman  Cleve- 
land, Whereupon,  Resolved  to  concur  in  said  several  orders  of  reference. 

Adjourned  to  9  o'clock  to-morrow  morning. 


Thursday  Oct.  21, 1830.    9  o'clock  A.  M. 
The  Governor  and  Council   met  agreeably  to  adjournment.     The 
House  sent  up,  for  concurrence  in  passing,  the  following  resolution, 
which  passed  that  body  on  the  20th-  Instant,  to  wit,  *  Resolved,  the  Gov- 

1  For  the  speech  see  Appendix  A. 


Governor  and  Council — October  1830.  899 

ernor  and  Council  concurring  herein,  that  both  Houses,  in  their  respec- 
tive rooms,  proceed,  at  two  o'clock,  afternoon,  on  Thursday  next,  to  elect 
a  Senator  to  represent  this  State  in  the  Senate  of  the  United  States,  for 
the  term  of  six  years,  to  commence  with  the  fourth  day  of  March  next, 
and  that  both  Houses  meet  in  the  Eepresentatives'  room,  immediately 
thereafter,  to  complete  said  election  according  to  law,"  which  was  read, 
Whereupon,  Besolved  to  concur  in  passing  said  resolution,  &  Ordered 
that  the  Secretary  notify  the  House  accordingly. 

Recd-  from  the  House  for  concurrence  in  passing,  the  following  resolu- 
tion, to  wit,  "  Resolved  that  the  Committee  on  roads  and  canals  be  in- 
structed to  inquire  into  the  expediency  of  providing  by  law  to  -remove 
obstructions  on  roads  running  on  town  lines,  &  report  by  bill  or  other- 
wise," which  was  read — Whereupon,  Resolved  to  concur  in  passing  said 
resolution.  Recd-,  also,  the  following  resolution,  to  wit,  "  Resolved,  that 
the  Committee  on  the  judiciary  be  instructed  to  inquire  into  the  expe- 
diency of  repealing  all  laws  on  the  subject  of  usury,  and  report  by  bill  or 
otherwise,"  Which  was  read,  Whereupon,  Resolved  to  concur  in  passing 
said  resolution.  Recd-  also,  the  following  resolution,  to  wit,  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  judiciary  Com- 
mittee be  instructed  to  inquire  into  Ihe  expediency  of  reporting  a  bill 
altering  the  times  of  holding  the  County  Courts  in  the  Counties  of  Cale- 
donia, Orleans  &  Essex,  so  that  they  be  held  at  a  more  convenient  sea- 
son of  the  year,"  Which  was  read, — Whereupon,  Resolved  to  concur  in 
passing  said  resolution. 

Recd-  from  the  House,  for  concurrence  in  the  reference,  the  following, 
to  wit,  "An  act  altering  the  boundaries  of  the  towns  of  Salem,  Charles- 
ton, Morgan,  and  Derby,"  Remonstrance  of  Abner  Allyn  &  others,  Re- 
monstrance of  Tim0-  Hinman  &  others,  Remonstrance  of  Noyes  Hopkin- 
son  &  others,  &  The  Remonstrance  of  Jotham  Cummings  &  others; 
with  an  order  of  reference  on  each  to  the  members  of  the  House  from 
the  County  of  Orleans,  to  join  from  Council:— Whereupon,  Resolved  to 
concur  in  said  order  of  reference,  and  Mr-  Allen  was  appointed  from 
Council. 

Recd-  also,  for  concurrence  in  the  reference,  "An  act  to  incorporate 
certain  persons  therein  named  by  the  name  of  the  Danville  Fire 
Society,"  with  an  order  of  reference  thereon  to  a  committee  of  four 
members  from  the  House,  to  join  from  Council.  Whereupon,  Resolved 
to  concur  in  said  order  of  reference,  and  Mr-  Deming  was  appointed 
from  Council.  Recd-  also,  The  petition  of  Caleb  Buffum,  with  an  order 
of  reference  thereon  to  a  committee  of  two  members  of  the  House,  to 
join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of 
reference,  &  Mr-  Clark  of  Bennington  County  was  appointed  from  Coun- 
cil. Also,  "an  act  in  addition  to  an  act,  entitled  *  an  act,  directing  the 
mode  of  the  election  of  the  Governor,  Lieutenant  Governor,  Treasurer 
of  the  State,  Councillors  and  representatives,' "  with  an  order  of  reference 
thereon  to  a  committee  of  four  members  of  the  House,  to  join  from 
Council.  Whereupon,  Resolved  to  concur  in  said  order  of  reference  & 
Lieut.  Gov.  Richards  was  appointed  from  Council.  Also,  "An  act  to 
prohibit  the  circulation  of  small  bills,"  —  with  an  order  of  reference 
thereon  to  a  Committee  of  four  members  of  the  House,  to  join  from 
Council ;  —  Whereupon,  Resolved  to  concur  in  said  order  of  reference,  & 
Mr-  Pierpoint  was  appointed  from  Council.  Also,  The  petition  of  Amos 
Bliss  &  others,  with  an  order  of  reference  thereon  to  a  committee  of  four 
members  of  the  House,  to  join  from  Council ;  Whereupon,  Resolved  to 
concur  in  said  order  of  reference,  &  Mr-  Thompson  was  appointed  from 
Council.  Also,  "An  act  for  the  relief  of  the  town  of  Baltimore,"  The 
petition  of  Thomas  Hall,  &  The  petition  of  Jefferson  Scott  &  others, 


400  Governor  and  Council — October  1830. 

with  an  order  of  reference  on  each  to  the  Committee  of  Ways  &  Means  ; 
— Also,  "An  act  directing  the  Treasurer  to  pay  John  Jackson  the  sum 
therein  mentioned,"  —  The  petition  of  John  McDuffie,  The  petition  of 
Thomas  Jameson,  The  petition  of  Mark  Dodge,  The  petition  of  Sam1-  B. 
Booth,  and  "An  act  directing  the  Treasurer  to  credit  Joseph  Weeks  the 
sum  therein  mentioned,"  with  an  order  of  reference  on  each  to  the 
Committee  of  Claims;  —  Also,  the  petition  of  William  Sommers  2d» 
with  an  order  of  reference  thereon  to  the  Committee  of  Insolvency  ;  — 
Also,  "An  act  repealing  an  act  therein  mentioned,"  and  "An  act 
extending  the  jurisdiction  of  Constables,"  with  an  order  of  reference 
on  each*  to  the  judiciary  Committee  ;  —  Also,  "An  act  to  repeal  the  acts 
establishing  road  Commissioners"; — The  petition  of  James  Casey,  and 
The  petition  of  the  Company  for  rendering  Connecticut  River  navigable 
by  Bellows'  Falls;  with  an  order  of  reference  on  each  to  the  Committee 
on  roads  and  canals  ;  Also,  The  petition  of  John  Niles,  with  an  order  of 
reference  thereon  to  the  Committee  raised  on  the  petition  of  Abel 
Phelps  ;  —  Whereupon,  Resolved  to  concur  in  said  several  orders  of 
reference. 

The  Governor  and  Council,  agreeably  to  the  joint  resolution  of  both 
Houses,  proceeded  to  the  representatives'  room,  and  attended  to  the  ap- 
pointment of  County  officers,  after  which  they  returned  to  their  chamber. 

His  Excellency,  the  Governor,  was  pleased  to  appoint  John  Thomas, 
Inspector  General  of  Beef  &  Pork,  for  this  State,  in  the  place  of  Wm-  L. 
Harrington  resigned.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment. Recd-  from  the  House  for  concurrence,  in  passing,  the  fol- 
lowing resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  the  Auditor  of  accounts  against  this  State  be  au- 
thorized to  settle  and  audit  the  accounts  of  the  Quarter  Master  General 
up  to  this  time  "; — Which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolution,  and  Ordered  that  the  Secretary  inform  the 
House  of  such  concurrence. 

Recd-  a  written  message  from  the  Speaker  of  the  House  of  Representa- 
tives, inviting  the  Governor  and  Council  to  be  present  at  the  hearing, 
before  that  body,  on  the  petition  of  Norman  Cleaveland  ;  Which  was 
read,  Whereupon,  Resolved  that  the  Governor  and  Council  will  attend  in 
the  House  of  representatives,  during  the  hearing,  before  that  body,  upon 
the  petition  of  Norman  Cleaveland; — and  Ordered,  that  the  Secretary 
inform  the  House  accordingly.1 

Recd-  from  the  House,  for  concurrence  in  the  reference,  the  following, 
to  wit,  The  remonstrance  of  John  Catlin  &  others,  with  an  order  of  ref- 
erence to  the  Committee  raised  on  the  petition  of  Joseph  Frost; — 
Whereupon,  Resolved  to  concur  in  said  order  of  reference. 

Recd-  a  message  from  the  House  of  Representatives,  by  Mr.  Royce,  one 
of  its  members,  informing  that  the  House  were  then  ready  to  proceed  to 
ballot  for  a  Senator  to  represent  this  State  in  the  Senate  of  the  United 
States,  for  the  term  of  six  years  from  &  after  the  third  day  of  March 
next,  pursuant  to  the  concurrent  resolution  of  both  Houses.  Where- 
upon, Ordered  that  the  Secretary  inform  the  House  of  Representatives 

1  Dr.  Norman  Cleaveland  had  been  convicted  of  murder  and  sentenced 
to  be  hung,  for  accidentally  causing  the  death  of  Hannah  Rose  in  an  at- 
tempt to  procure  an  abortion.  His  character  had  been  good  previously, 
and  the  Legislature  commuted  his  punishment  to  imprisonment  in  the 
state  prison  for  five  years. 


Governor  and  Council — October  1830.  401 

that  the  Governor  and  Council  are  now  ready  on  their  part,  to  proceed 
to  ballot  for  a  Senator,  to  represent  this  State  in  the  Senate  of  the  Uni- 
ted States,  for  the  term  of  six  years  from  and  after  the  third  day  of 
March  next.  Recd-  a  message  from  the  House  of  Representatives,  by 
Mr-  Upham  of  Montpelier,  one  of  its  members,  informing  that  the  House 
had,  on  its  part,  elected  a  person  to  represent  this  State  in  the  Senate  of 
the  United  States,  for  the  term  of  six  years  from  &  after  the  third  day 
of  March  next,  and  that  the  House  were  then  ready  to  meet  the  Gover- 
nor and  Council,  in  the  representatives'  room,  to  compare  the  proceed- 
ings of  the  two  Houses  and  complete  said  election.  The  Governor  and 
Council  proceeded,  agreeably  to  the  joint  resolution  of  both  Houses,  to 
ballot  for  a  person  to  represent  this  State  in  the  Senate  of  the  United 
States,  for  the  term  of  six  years  from  &  after  the  third  day  of  March  next, 
and  the  ballots  having  been  taken,  sorted  and  counted,  Samuel  Prentiss 
had  a  majority  of  all  the  votes,  and  was  duly  elected  on  the  part  of  the 
Governor  and  Council.  Ordered,  that  the  Secretary  inform  the  House 
of  representatives,  that  the  Governor  and  Council  have,  on  their  part, 
elected  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,  and  that  they  will  immediately  attend  in  the  Representatives'' 
room,  to  compare  the  proceedings  of  the  two  Houses  and  complete  said 
election.  The  Governor  and  Council  proceeded  to  the  Representatives' 
room,  where  the  journals  of  the  proceedings  of  the  two  Houses  were 
compared,  and  it  appearing  that  both  Houses  had  united  in  the  election 
of  Samuel  Prentiss,  he  was  declared  duly  elected  a  Senator,  to  represent 
this  State,  in  the  Senate  of  the  United  States,  for  the  term  of  six  years 
from  &  after  the  third  day  of  March  next,  and  proclamation  was  thereof 
made  by  the  Sheriff  of  Washington  County ; — after  which  the  Governor 
and  Council  returned  to  their  Chamber.1 


1  Samuel  Prentiss  was  descendant  from  an  English  family,  traceable 
by  official  records  as  far  back  as  1318.  He  was  sixth  in  direct  descent 
from  Capt.  Thomas  Prentiss,  who  was  born  in  England  about  1620,  set- 
tled in  Newton,  Mass.,  in  1652,  and  was  an  officer  of  high  reputation  in 
the  war  with  the  Indian  King  Philip.  Senator  Prentiss  was  born  in 
Stonington,  Conn.,  March  31,  1782,  son  of  Doct.  Samuel  Prentiss,  who 
was  a  surgeon  in  the  army  of  the  revolution.  Brought  to  Northfield, 
Mass.,  his  youthful  years  were  spent  there,  and  there  also  he  had  the 
advantage  of  a  course  of  classical  studies  under  the  care  of  the  Rev. 
Samuel  C.  Allen,  who  subsequently  filled  many  important  public  offices 
with  distinction.  At  the  age  of  nineteen,  Mr.  Prentiss  entered  the 
office  of  Samuel  Vose  of  Northfield  as  a  law  student,  and  subsequently 
entered  the  office  of  John  W.  Blake  of  Brattleborough,  where  he  com- 
pleted his  preparatory  studies  and  in  Dec.  1802  was  admitted  to  the  bar. 
In  1803  Mr.  Prentiss  settled  in  Montpelier,  where  he  spent  his  life. 
Although  he  early  won  an  extensive  practice  at  the  bar,  he  was  during 
his  whole  life  a  thorough  and  industrious  student  of  the  law  in  his  office 
during  the  hours  of  the  day  not  required  for  business,  and  of  the  best 
literature  of  the  English  language  in  the  evenings  at  his  home.  Always 
a  student,  he  acquired  a  complete  knowledge  of  the  law,  and  acquired 
also  a  clear  and  pure  style  in  speech  and  composition,  both  of  which 
26 


402  Governor  and  Council — October  1830. 

The  petition  of  Milo  Pomeroy,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question,  "  Shall  a  pardon  be  granted  the  said  Milo 
Pomeroy?"  was  determined  in  the  affirmative. — Yeas  11.  Nay  1.  Those, 
who  voted  in  the  affirmative,  were  — The  Lieut.  Governor,  Messrs. 
Allen,  Clark  of  Windham  County,  Deming,  Harris,  Hoyt,  Hunter,  Janes, 
Pierpoint,  Thompson  &  Worthington.  The  member,  voting  in  the  neg- 
ative, was  Mr.  Clark  of  Bennington  County.  The  petition  of  Joel 
Cranch,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question, 
"  Shall  the  said  Joel  Cranch  be  discharged  from  the  State  prison  ?  "  was 
determined  in  the  affirmative  ;  —  Yeas  8.    Kays  3.     Those,  who  voted 

made  him  a  great  lawyer,  a  great  judge,  and  an  admirable  advocate. 
Probably  no  judge  in  New  England  of  his  time  acquired  a  higher  repu- 
tation ;  and  as  Senator,  though  exceedingly  modest  and  never  pushing 
himself  unnecessarily  into  debate,  he  was  the  peer  and  associate  of  the 
most  brilliant  men  in  a  body  which  for  ability  and  dignity  was  unsur- 
passed by  any  like  body  in  the  world.  On  the  bankrupt  act  of  1840, 
Senator  Prentiss  went  against  every  Senator  but  one  of  his  party,  in  an 
argument  which  John  C.  Calhoun  declared  to  be  the  clearest  and  most 
unanswerable  which  he  had  heard  for  years.  It  was  an  argument  for 
perfect  honesty  and  integrity  between  debtor  and  creditor,  not  only  be- 
cause demanded  by  the  highest  legal  and  moral  principles,  but  also  by 
the  soundest  public  policy.  An  old  citizen  of  Vermont,  who  has  been 
honored  by  high  offices,  has  religiously  preserved  a  copy  of  that  speech, 
and  he  reads  it  annually.  In  politics  Mr.  Prentiss  was  a  Federalist,  and 
during  the  most  of  his  residence  in  Vermont  he  was  in  the  minority,  in 
both  his  town  and  county  ;  nevertheless  his  pure  character  and  great 
abilities  were  fully  recognized  and  honored.  He  represented  Montpe- 
lier  in  the  Legislatures  of  1824  and  '25,  and  was  the. author  of  a  reform 
in  the  judicial  system  of  the  state,  which  has  been  maintained  until  this 
day.  He  was  elected  an  Assistant  Judge  of  the  Supreme  Court  in  1822, 
but  declined  the  office  on  account  of  the  pressing  demands  of  a  very 
large  family.  In  1826,  however,  he  consented  to  accept  that  office,  and 
he  held  it  until  1829,  when  he  was.  elected  Chief  Justice.  In  1830  he 
was  elected  United  States  Senator,  on  the  first  ballot,  by  a  Legislature 
which  did  not  have  a  majority  politically  in  accord  with  him.  He  was 
again  elected  in  1836,  and  held  the  office  until  the  death  of  the  venerable 
Elijah  Paine,  Judge  of  the  U.  S.  Court  for  the  District  of  Vermont,  in  1842, 
when  Judge  Prentiss  was  appointed  to  succeed  him,  and  resigned  his 
seat  in  the  Senate  for  that  purpose.  This  office  he  held  and  adorned 
until  his  death,  on  the  15th  of  January,  1857.  It  was  the  fortune  of  the 
writer  of  this  notice  to  be  a  student  for  some  time  in  the  office  of  Judge 
Prentiss,  and  a  witness  of  his  quiet  and  dignified  bearing,  and  his  emi- 
nently studious  and  strictly  methodical  habits.  He  had  ten  sons  and  one 
daughter,  the  latter  dying  in  infancy.  All  the  sons  but  one  adopted  the 
law  as  a  profession,  and  the  oldest  living  son,  Samuel  B.,  is  a  Judge 
of  the  Superior  Court  of  Ohio.  Six  of  the  sons  are  still  [1879]  living, 
but  none  of  them  reside  in  Vermont— the  western  States  having  taken  it. 


Governor  and  Council — October  1830.  403 

in  the  affirmative,  were,  the  Lieutenant  Governor,  Messrs.  Clark  of 
Windham  County,  Demin^,  Hoyt,  Janes,  Pierpoint,  Thompson  &  Worth- 
in^ton.    Those,  who  voted  in  the  negative,  were,  Messrs.  Allen,  Clark 
ofBennington  County  &  Harris. 
Adjourned  to  9  o'clock  to-morrow  morning. 


Friday  Oct0-  22, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
petition  of  Asaph  Fletcher,  jr.,  for  the  pardon  of  Joshua  Davis,  a 
prisoner,  confined  in  the  common  jail  in  Woodstock,  rn  the  County  of 
Windsor,  on  a  conviction  for  an  assault,  was  taken  up,  and  the  question 
"  Shall  a  pardon  be  granted  the  said  Joshua  Davis  ?  "  was  determined  in 
the  affirmative.  Yeas  7.  Nays  0.  Those,  who  voted  in  the  affirmative, 
were  —  the  L*-  Governor,  Messrs.  Allen,  Clark  of  Bennington  County, 
Clark  of  Windham  County,  Hoyt,  Janes  and  Pierpoint. 

Recd-  from  the  House,  for  concurrence  in  the  reference,  The  petition 
of  Asa  Tenney  &  others,  with  an  order  of  reference  thereon  to  a  com- 
mittee of  four  members  of  the  House  of  representatives,  to  join  from 
Council.  Whereupon  Resolved  to  concur  in  said  order  of  reference  and 
Mr-  Harris  was  appointed  from  Council. 

On  motion  of  Mr.  Pierpoint,  it  was  Ordered  that  the  Secretary  be 
directed  to  procure  for  the  Governor,  Lieut*-  Governor  and  each  of  the 
Councillors,  two  weekly  newspapers,  such  as  they  shall  severally  direct, 
during  the  session  of  the  Legislature. 

Recd-  from  the  House,  for  concurrence  in  the  reference,  the  following, 
to  wit,  "An  act  to  incorporate  the  Manchester  South  Fire  Company," 
with  an  order  of  reference  thereon  to  the  Committee  raised  on  the  bill 
to  incorporate  the  Danville  Fire  Society  ;  also,  "An  act  in  addition  to 
an  act,  entitled  'an  act  for  the  punishment  of  High  crimes  &  misde- 
meanors,' "  with  an  order  of  reference  thereon  to  the  Judiciary  Com- 
mittee ;  —  Also,  "An  act  in  alteration  of  an  act  to  incorporate  the  Con- 
necticut River  Steamboat  Company,"  with  an  order  of  reference  thereon 
to  the  Comee-  on  roads  &  canals.  Also,  "An  act  in  addition  to  an  act  to 
provide  for  the  support  of  common  schools,"  and  "An  act  repealing  an 
act  therein  mentioned,"  with  an  order  of  reference  on  each  to  the  Com- 
mittee on  Education  ;  Also,  The  petition  of  Elisha  Barney  &  others, 
with  an  order  of  reference  thereon  to  the  Committee  to  be  raised  on  the 
petition  of  Peter  Sax  <&  others,  Whereupon,  Resolved  to  concur  in  said 
several  orders  of  reference.  Recd-  also,  for  concurrence  in  the  reference, 
The  petition  of  John  Leonard  and  others,  with  an  order  of  reference 
thereon  to  a  committee  of  two  members  of  the  House  of  representatives, 
to  join  from  Council.  Whereupon,  Resolved  to  concur  in  said  order  of 
reference,  and  Mr-  Hunter  was  appointed  from  Council. 

Recd-  from  the  House,  for  concurrence  in  passing,  the  following  reso- 
lution, to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  members  from  the  County  of  Chittenden  be  a  committee  to 
inquire  into  the  expediency  of  dividing  the  County  of  Chittenden  into 
two  probate  districts,  and  that  they  have  leave  to  report  by  bill  or  other- 
wise," which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 
resolution,  and  Mr-  Thompson  was  appointed  from  Council. 

The  Governor  and  Council  attended,  in  pursuance  of  the  invitation  of 
the  House,  in  the  Representatives'  room,  during  proceedings  of  that 
body,  upon  the  report  of  the  Committee  upon  the  petition  of  Norman 
Cleavland  ;  —  after  which  they  returned  to  their  Chamber.  Adjourned 
to  2  o'clock  P.  M. 


404  Governor  and  Council — October  1830. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment, and  proceeded  to  the  representatives'  room  to  attend,  during 
the  further  proceedings  of  that  body  upon  the  report  of  the  Committee 
upon  the  petition  of  Norman  Cleavland  ;  —  after  which  they  returned  to 
their  Chamber.    Adjourned  to  9  o'clock  to  morrow  morning. 


Saturday,  Oct.  23, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to,  adjournment.  Recd-  from 
the  House,  for  concurrence  in  passing,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Gen- 
eral Committee  be  instructed  to  inquire  into  the  expediency  of  estab- 
lishing County  poor  houses  and  to  report  by  bill  or  otherwise,"  which 
was  read,  Whereupon,  Besolved  to  concur  in  passing  said  resolution. 
Recd-  also,  the  following  resolution,  to  wit,  "  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  Committee  on  Education  be  in- 
structed to  inquire  into  the  expediency  of  repealing  so  much  of  the 
third  section  of  an  act,  entitled  '  an  act  to  provide  for  the  support  of 
common  schools,'  as  provides  for  the  appointment  of  a  superintending 
Committee,  and  point  out  their  duties  and  the  consequences  connected 
therewith,  and  to  report  by  bill  or  otherwise,"  which  was  read,  Where- 
upon, Resolved  to  concur  in  passing  said  resolution.  Recd-  also,  the 
following  resolution,  to  wit,  "Resolved,  the  Governor  and  Council 
concurring  herein,  that  the  judiciary  Committee  be  instructed  to  inquire 
into  the  expediency  of  repealing  so  much  of  an  act,  passed  Nov.  12. 1822, 
in  relation  to  Usury,  as  makes  the  principal  and  legal  interest  void,  and  to 
report  by  bill  or  otherwise,"  which  was  read,  Whereupon,  Resolved  to 
concur  in  passing  said  resolution.  Recd-  also,  the  following  resolution, 
to  wit,  "Resolved,  the  Governor  and  Council  concurring  herein,  that 
the  Committee  of  Ways  &  Means  be  instructed  to  inquire  into  the 
expediency  of  altering  the  act,  entitled  '  an  act  ascertaining  the  princi- 
ples on  which  the  list  of  this  8tate  shall  be  made,  and  directing  listers 
in  their  office  and  duty,'  passed  Nov.  17. 1825,  so  that  all  the  unimproved 
lands,  lying  in  the  several  organized  towns  in  this  State,  shall  be 
appraised  at  the  true  value  thereof  in  money,  and  set  in  the  list  of  such 
towns,  at  a  certain  rate, per  cent;  and,  also,  to  take  into  consideration 
the  expediency  of  so  altering  said  act,  that  it  shall  be  the  duty  of  the 
listers  of  the  several  towns,  annually,  some  time  in  the  month  of  April, 
to  inspect  all  the  personal  property,  owned  by  the  several  inhabi- 
tants of  their  respective  towns,  which  is  liable  to  pay  taxes,  and  take 
lists  thereof,  in  lieu  of  the  manner,  in  which  the  lists  of  such  property  is 
[are]  now  taken,  and  report  by  bill  or  otherwise."  Which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  resolution.  Recd-  also, 
the  following  resolution,  to  wit,  u  Resolved,  the  Governor  and  Council 
concurring  herein,  that  so  much  of  His  Excellency's  Speech,  as  relates 
to  abolishing  imprisonment  for  debt,  be  referred  to  the  Committee  of 
Insolvency,"  which  was  read.  Whereupon,  Resolved  to  concur  in  passing 
said  resolution.  Recd-  also,  the  following  resolution,  to  wit,  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  Land  Tax  Com- 
mittee be  instructed  to  inquire  into  the  expediency  of  altering  the 
several  laws  in  relation  to  particular  land  taxes,"  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  resoluton. 

Recd  for  concurrence  in  the  reference,  the  following,  to  wit,  The  peti- 
tion of  John  Carey  &  others,  "An  act  appointing  a  collector  in  the  town 
of  Washington,"  and  "An  act,  regulating  judicial  proceedings,"  with  an 
order  of  reference  on  each  to  the  judiciary  Committee ; — Also,  "An  act 


Governor  and  Council — October  1830.  405 

for  the  relief  of  the  town  of  Washington,"  with  an  order  of  reference 
thereon  to  the  Committee  on  roads  and  canals;— Also,  The  petition  of 
Obed  Johnson  &  others,  and  The  petition  of  Oliver  Ingham,  with  an 
order  of  reference  on  each  to  the  Land  Tax  Committee.  Whereupon, 
Resolved  to  concur  in  said  several  orders  of  reference.  Recd-  also,  for 
concurrence  in  the  reference,  the  following,  to  wit,  "An  act  to  preserve 
fish  in  Hinesburgh  Pond,"  with  an  order  of  reference  thereon  to  a  com- 
mittee of  two  members  of  the  House  of  representatives  to  join  from 
Council; — Whereupon,  Resolved  to  concur  in  said  order  of  reference,  and 
Mr.  Thompson  was  appointed  from  Council.  Also,  The  petition  of 
Peter  Sax  &  others,  with  an  order  of  reference  thereon  to  a  Committee 
of  two  members  of  the  House  of  representatives,  to  join  from  Council; — 
Whereupon,  Resolved  to  concur  in  said  order  of  reference  and  Mr.  Hoyt 
was  appointed  from  Council.  Recd>  also,  The  petition  of  Robert  Ran- 
som &  others,  with  an  order  of  reference  thereon  to  a  committee  of  four 
members  of  the  House  of  representatives,  to  join  from  Council,  Where- 
upon, Resolved  to  concur  in  said  order  of  reference  and  L*-  Gov.  Rich- 
ards was  appointed  from  Council.  Also,  "An  act  annexing  the  town  of 
Mansfield  in  the  County  of  Chittenden,  to  Washington  County,  and  for 
other  purposes,"  with  an  order  of  reference  thereon  to  a  committee  of  4 
members  of  the  House  of  representatives,  to  join  from  Council; — Where- 
upon, Resolved  to  concur  in  said  order  of  reference  and  Mr.  Thompson 
was  appointed  from  Council. 

The  House  sent  up,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  that  the  members  from  Orleans  County,  to  join  from  Coun- 
cil, be  a  committee  to  inquire  into  the  expediency  of  dividing  the  pro- 
bate district  of  Orleans,  and  that  they  report  by  bill  or  otherwise,"  which 
was  read, — Whereupon,  Resolved  to  concur  in  passing  said  resolution, 
and  Mr.  Allen  was  appointed  from  Council. 

The  petition  of  Ira  Batchelder,  a  convict  in  the  State  prison,  was 
taken  up,  and  on  motion  of  Mr.  Thompson,  Ordered  to  be.  dismissed. 
The  petitions  of  Stephen  Gary,  Thomas  Davidson,  William  Gould,  Hum- 
phrey Hughes,  Jabez  P.  Holden,  George  H.  Judd,William  Loucks,  Joseph 
Little,  William  C.  Lee,  Simon  Morriss,  Cornelius  Monroe,  John  Mc- 
Connel,  Patrick  Fitz  Patrick  and  Elijah  Pratt,  convicts  in  the  State 
prison,  were  severally  taken  up,  and  Ordered  to  be  dismissed.  The  peti- 
tion of  William  Fitz  Patrick,  a  convict  in  the  State  prison,  was  taken  up, 
and  the  question,  "  Shall  the  said  William  Fitz  Patrick  be  discharged 
upon  condition  of  his  leaving  the  State  within  sixty  days  V"  was  put  and 
determined  in  the  affirmative — Yeas  9,  Nays  0.  Those,  who  voted  in 
the  affirmative,  were  The  Lfc  Governor,  Messrs.  Clark  of  Bennington 
County,  Clark  of  Windham  County,  Deming,  Harris,  Hoyt,  Hunter, 
Thompson  &  Worthington.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  for  revision  &  concurrence  or  proposals 
of  amendment,  an  engrossed  bill,  entitled  "An  act  for  the  relief  of  Nor- 
man  Cleavland,"  which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  bill,  and  Ordered  that  the  Secretary  inform  the  House  of 
such  concurrence. 

The  petition  of  Zadock  Wilson,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question,  "  Shall  the  said  Zadock  Wilson  be  discharged 
from  the  State  prison  ?"  was  determined  in  the  affirmative — Yeas  10, 
Nays  0.  Those,  who  voted  in  the  affirmative,  were  The  L*-  Governor, 
Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County, 
Deming,  Harris,  Hoyt,  Hunter,  Thompson  and  Worthington.  The  peti- 
tion of  Thomas  Williams,  a  convict  in  the  State  prison,  was  taken  up, 


406  Governor  and  Council — October  1830. 

and  the  question,  "  Shall  the  said  Thomas  Williams  be  discharged  from 
the  State  prison  ?"  was  determined  in  the  affirmative  by  the  casting  vote 
of  His  Excellency,  the  Governor,  the  members  of  the  Council  being 
equally  divided,  the  L*  Governor,  and  Messrs.  Deming,  Harris,  Hunter 
&  Worthington  voting  in  the  affirmative,  and  Messrs.  Allen,  Clark  of 
Bennington  County,  Clark  of  Windham  County,  Hoyt  &  Thompson, 
voting  in  the  negative.     Adjourned  to  9  o'clock  Monday 


Monday  Oct0-  25, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up,  for  concurrence  in  the  reference,  the  following,  to  wit,  Report 
of  the  Committee  to  appraise  &  inventory  the  property  of  the  Vermont 
State  prison;  Keport  of  the  Superintendant  of  the  Vermont  State  prison; 
Report  of  the  Commissioners  for  erecting  a  new  wing  or  prison  at  the 
State  prison ;  Exhibit  of  amount  of  property  at  the  Vermont  State  prison, 
and  The  petition  of  Allen  Vail  &  others,  with  an  order  of  reference  on 
each  to  the  Committee  of  Ways  &  Means;  Also  "  An  act  to  repeal  cer- 
tain parts  of  an  act  therein  mentioned  ";  with  an  order  of  reference 
thereon  to  the  Committee  on  Military  affairs; — Also,  "An  act  for  the 
benefit  of  Nathan  White,"  and  Account  of  the  town  of  Middlebury 
against  the  State,  disallowed  by  the  Auditor  &  referred  to  the  Gen1-  As- 
sembly; with  an  order  of  reference  on  each  to  the  Committee  of  claims; 
— Also,  The  memorial  of  Daniel  Boardman,  on  the  subject  of  land  taxes; 
— Remonstrance  of  Inhabitants  of  Ludlow  ag*-  a  land  tax; — The  petition 
of  John  W.  Chandler  &  others;  and  The  petition  of.  Selectmen  of  Troy; 
with  an  order  of  reference  on  each  to  the  Land  Tax  Committee;  Also, 
A  communication  from  His  Excellency  the  Governor,  transmitting  Com- 
munications from  the  Executives  of  the  States  of  Georgia  &  Connecticut, 
on  [the]  subject  of  the  amendment  of  the  Constitution  of  the  United 
States; — with  an  order  of  reference  thereon  to  the  judiciary  Committee; 
Also  The  petition  of  Manasses  Litch  &  others,  and  The  petition  of  Select- 
men of  Windham; — with  an  order  of  reference  thereon  to  the  Commit- 
tee on  Education; — Also,  "An  act  annexing  Woodbury  to  the  County  of 
Washington,"  with  an  order  of  reference  thereon  to  the  Committee 
raised  on  the  bill  to  annex  the  town  of  Mansfield  to  the  County  of  Wash- 
ington;— Also,  The  petition  of  the  President,  Directors  and  Company  of 
the  Bank  of  Windsor,  with  an  order  of  reference  thereon  to  the  commit- 
tee to  be  raised  on  the  petition  of  the  President,  Directors  &  Company 
of  the  Bank  of  Burlington;  Whereupon,  Resolved  to  concur  in  said  sev- 
eral orders  of  reference. 

Recd-  from  the  House  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  representatives'  room,  at  ten  o'clock  on  Tuesday 
morning  next,  for  the  purpose  of  electing  judges  of  the  Supreme  Court; 
— which  was  read,  and  Ordered  to  lie  on  the  table.  Recd-  also,  for  con- 
currence, the  following  resolution,  to  wit,  "  Resolved,  the  Governor  and 
Council  concurring  herein,  that  the  judiciary  Committee  be  instructed 
to  inquire  whether  any,  and,  if  any,  what  alterations  are  necessary  in  the 
laws  of  this  State,  for  the  support  of  the  Gospel,  and  particularly  in  rela- 
tion to  such  religious  societies,  as  were  organized  and  held  real  estate 
previous  to  the  passing  the  act  of  1814  on  that  subject";  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  resolution.  Recd-  also, 
for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  judiciary  Committee  be  in- 
structed to  inquire  into  the  propriety  of  providing,  by  law,  for  the  revo- 


Governor  and  Council — October  1830.  407 

cation  of  the  powers  of  executors  and  administrators,  who  reside  without 
this  State,"  which  was  read; — Whereupon,  Resolved  to  concur  in  passing 
said  resolution.  Recd-  also,  for  concurrence,  the  following  resolution,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
judiciary  Committee  be  instructed  to  inquire  into  the  expediency  of  so 
altering  the  judiciary  law,  that  a  person  held  to  trial  on  a  bill  of  Indict- 
ment, complaint  or  information,  and.  on  such  trial,  it  shall  be  made  to 
appear,  that  he  was  not  guilty  of  the  offence  alleged  against  him,  that  the 
respondent  shall  be  entitled  to  his  cost;  and  report  by  bill,  or  otherwise," 
which  was  read; — Whereupon,  Resolved  to  concur  in  passing  said  resolu- 
tion. Recd-  also,  for  concurrence,  the  following  resolution,  to  wit,  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  Commit- 
tee of  Ways  and  Me^ans  be  directed  to  inquire  into  the  expediency  of 
appropriating  such  a  sum  of  money,  as  they,  after  having  made  due  in- 
quiry, may  deem  necessary  to  defray  the  expense  of  all  such,  as  the 
board  of  Commissioners,  appointed  for  that  purpose,  may  approbate  and 
designate,  as  objects  of  the  State's  bounty,  and  who  are  desirous  of  re- 
ceiving the  benefits  of  education,  offered  by  the  American  Asylum, 
established  in  the  City  of  Hartford,  in  the  State  of  Connecticut,  for  the 
education  of  the  deaf  &  dumb;"  which  was  read;— Whereupon,  Resolved 
to  concur  in  passing  said  resolution. 

The  petition  of  Daniel  Mack,  a  prisoner,  confined  in  the  common  jail 
in  the  County  of  Washington,  on  a  sentence  of  Washington  County 
Court,  at  their  May  Term  1830,  that  he  pay  a  fine  of  five  dollars 
and  costs  of  prosecution,  on  a  conviction  before  said  Court,  for  stealing, 
and  that  he  stand  committed  till  such  sentence  be  complied  with,  was 
taken  up,  and  the  question,  "  Shall  said  fine  and  costs  be  remitted  ?"  was 
determined  in  the  affirmative— Yeas  11,  Nays  0.  Those,  who  voted  in 
the  affirmative,  were,  The  Lieut.  Governor,  Messrs.  Allen,  Clark  of  Ben- 
nington County,  Clark  of  Windham  County,  Deming,  Harris,  Hoyt, 
Hunter,  Pierpoint,  Thompson  and  Worthington.  The  petition  of  Caleb 
R.  Gillett,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question 
put  "  Shall  the  said  Caleb  R.  Gillett  be  discharged  from  the  State 
prison  ?"  and  decided  in  the  "affirmative.  Yeas  11.  Nays  0.  Those,  who 
voted  in  the  affirmative,  were,  The  L*  Governor,  Messrs.  Allen,  Clark  of 
Bennington  County,  Clark  of  Windham  County,  Deming,  Harris,  Hoyt, 
Hunter,  Pierpoint,  Thompson  and  Worthington.  The  petition  of  Hez- 
ekiah  Shepherd,  a  convict  in  the  State  prison,  was  taken  up  and  the 
question  being  put  "  Shall  the  said  Hezekiah  Shepherd  be  discharged 
from  the  State  prison  ?"  it  was  determined  in  the  affirmative — Yeas  12. 
Nays  0.  Those,  who  voted  in  the  affirmative,  were,  The  L*-  Governor, 
Mess1"8-  Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County, 
Deming,  Harris,  Hoyt,  Hunter,  Janes,  Pierpoint,  Thompson  and  Wor- 
thington. The  petition  of  Cornelius  Smith,  a  convict  in  the  State  prison, 
was  taken  up,  and  the  question  being  put,  "  Shall  the  said  Cornelius 
Smith  be  discharged  from  the  State  prison,"  it  was  determined  in  the 
affirmative.  Yeas  12.  Nays  0.  Those,  who  voted  in  the  affirmative, 
were,  The  I>  Governor,  Messrs.  Allen,  Clark  of  Bennington  County, 
Clark  of  Windham  County,  Deming,  Harris,  Hoyt,  Hunter,  Janes,  Pier- 
point, Thompson  &  Worthington.  The  petition  of  George  Williams, 
a  convict  in  the  State  prison,  was  taken  up,  and  the  question  being  put, 
"  Shall  the  said  George  Williams  be  discharged  from  the  State  prison  ?" 
it  was  determined  in  the  affirmative.  Yeas  7.  Nays  5.  Those,  who 
voted  in  the  affirmative,  were,  Messrs.  Clark  of  Windham  County,  Dem- 
ing, Hoyt,  Hunter,  Janes,  Thompson  and  Worthington.  Those,  who 
voted  in  the  negative,  were,  the  I>  Governor,  Messrs.  Allen,  Clark  of 
Bennington  County,  Harris  and  Pierpoint.    The  petition  of  Charles  J. 


408  Governor  and  Council — October  1830. 

Downie,  a  convict  in  the  State  prison,  was  taken  up.  and,  on  motion, 
Ordered  to  be  dismissed.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  petitions  of  William  Davis,  Horace  Wheeler,  Zalmon 
Shipley,  Hiram  Lee,  Michael  Lillis,  J.  P.  Downing,  James  Converse, 
Moses  Clough  and  John  Beau,  convicts  in  the  State  prison,  were  taken 
up,  and,  severally,  Ordered  to  be  dismissed.  The  petition  of  Israel  W. 
Freeman,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question 
having  been  put, "  Shall  the  said  Israel  W.  Freeman  be  discharged  from 
the  State  prison  ?"  it  was  determined  in  the  affirmative — Yeas  9.  Nays 
2.  Those,  who  voted  in  the  affirmative,  were,  The  L*  Governor,  Messrs. 
Allen,  Clark  of  Windham  County,  Deming,  Hoyt,  Janes,  Pierpoint, 
Thompson  &  Worthington.  Those,  who  voted  in  the  negative,  were 
Messrs.  Clark  of  Bennington  County  and  Harris.  The  petition  of  Elliot 
C.  Hills,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question 
having  been  put,  "  Shall  the  said  Elliot  C.  Hills  be  discharged  from  the 
State  prison  r"  it  was  determined  in  the  affirmative.  Yeas  11.  Kays  0. 
Those,  who  voted  in  the  affirmative,  were,  The  I>  Governor,  Messrs. 
Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County,  Deming, 
Harris,  Hoyt,  Janes,  Pierpoint,  Thompson  and  Worthington.  The  peti- 
tion of  George  Johnson,  a  state  prison  convict,  was  taken  up,  and  the 
question  having  been  put,  "  Shall  the  said  George  Johnson  be  discharged 
from  the  State  prison  ?"  it  was  determined  in  the  affirmative.  Yeas  11. 
Kays  0.  Those,  who  voted  in  the  affirmative,  were,  The  L*-  Governor, 
Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County, 
Deming,  Harris,  Hoyt,  Janes,  Pierpoint,  Thompson  and  Worthington. 
The  petition  of  Baptiste  Crumas,  a  convict  in  the  State  prison,  was  taken 
up,  and  the  question  having  been  put,  "  Shall  the  said  Baptiste  Crumas 
be  discharged  from  the  State  prison  ?"  it  was  determined  in  the  affirma- 
tive. Yeas  7.  Kays  4.  Those,  who  voted  in  the  affirmative,  were,  The 
I>  Governor,  Messrs-  Clark  of  Bennington  County,  Clark  of  Windham 
Countv,  Deming,  Hoyt,  Janes,  and  Thompson.  Those,  who  voted  in 
the  negative,  were,  Messrs.  Allen,  Harris,  Pierpoint  and  Worthington. 
The  petitions  of  Daniel  Sartwell,  Stephen  'Sweetzer,  Richard  Shippey, 
William  Utter,  Rhoda  Sanborn,  Daniel  Witherell,  Richard  Weare  and 
Jesse  Shippee,  convicts  confined  in  the  State  prison,  were  taken  up  and 
severally  Ordered  to  be  dismissed.  Adjourned  to  9  o'clock  tomorrow 
morning. 


Tuesday  Oct.  26, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
resolution,  yesterday  laid  on  the  table,  assigning  a  time  for  the  meeting 
of  both  Houses  for  the  election  of  Judges  of  the  Supreme  Court,  was 
taken  up,  Whereupon,  Resolved  to  concur  in  passing  said  resolution, 
and  Ordered  that  the  Secretary  inform  the  House  of  such  concurrence. 

The  House  sent  up,  for  concurrence,  the  following  resolution,  to  wit, 
11  Resolved  that  the  judiciary  Committee  be  instructed  to  inquire  into 
the  expediency  of  passing  a  law  authorizing  creditors  to  bring  trustee 
suits  against  the  trustees  of  their  debtors,  although  such  debtors  may 
not  have  absconded,  nor  concealed  their  bodies,  and  report  by  bill  or 
otherwise";  which  was  read;  —  Whereupon,  Resolved  to  qoncur  in 
passing  said  resolution.  Recd-  also,  for  concurrence,  the  following  reso- 
lution, to  wit,  ''Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  Committee  on  Agriculture  be  instructed  to  inquire  into  the 
expediency  of  altering  the  law,  regulating  the  inspection  of  beef  and 


Governor  and  Council — October  1830.  409 

pork,  so  as  to  reduce  the  expense  of  inspection,"  which  was  read  ; 
Whereupon,  Besolved  to  concur  in  passing  said  resolution.  Recd-  also, 
for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  General  Committee  be 
instructed  to  inquire  into  the  expediency  of  passing  an  act,  fixing  a 
bounty  for  the  destruction  of  crows,  to  be  paid  by  the  state  or  several 
town  treasurers,  and  report  by  bill  or  otherwise  "  ;  which  was  read  ;  — 
Whereupon,  Besolved  to  concur  in  passing  said  resolution.  Recd-  also, 
for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  both  Houses  meet  in  the  repre- 
sentatives' room,  on  Thursday  next  at  two  o'clock  in  the  afternoon,  for 
the  purpose  of  electing  a  person  to  preach  the  next  election  sermon,  a 
Surveyor  General  for  the  State,  and  an  Auditor  of  accounts  against  the 
State,  for  the  year  ensuing  "  ;  which  was  read  and  Ordered  to  lie  on  the 
table. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  The  petition  of  Paul  Chase,  and  The  petition  of  Nathan  ^White  ; 
with  an  order  of  reference  on  each  to  the  Committee  of  claims  ;  Also, 
"An  act  in  addition  to  and  alteration  of  an  act,  entitled  'an  act  appoint- 
ing  notaries  public,  and  declaring  their  office   and  duty' "  ;   "An  act 
relating  to  betterments,"  and  "An  act  in  addition  to  an  act  entitled  '  an 
act  allowing  endorsees  to  maintain  actions  in  their  own  names'  "—with 
an  order  of  reference  on  each  to  the  judiciary  Committee.     Also,  The 
petition  of  Nathan  E.  Fuller  and  others  ;  and  The  petition  [of]  Lovel 
Bullock  ;  with  an  order  of  reference  on  each  to  the  Committee  on  roads 
and  canals.     Also,  The  remonstrance  of  Josiah  Wood  and  others  ;  The 
remonstrance  of  Alvan  Lamb  and  others  ;  and  "An  act  laying  a  tax  on 
the  lands  in  Stamford,"  with  an  order  of  reference  on  each  to  the  Land 
Tax  Committee  ;  Whereupon,  Besolved  to  concur  in  said  several  orders 
of  reference.     Recd-  also,  The  remonstrance  of  Moses  Fisk  and  others  ; 
with  an  order  of  reference   thereon  to  the   Committee  raised   on   the 
petition  of  Antipas  Fletcher  &  others  ;   Whereupon,  Resolved  to  concur 
in  said  order  of  reference.    Also,  "An  act  to  establish  a  corporation  by 
the  name  of  the  Trustees  of  the  New  Hampshire  and  Vermont  Annual 
Conference,"  with  an  order  of  reference  thereon  to  a  committee  of  four 
members  of  the  House  of  representatives  to  join  from  Council ;   Where- 
upon, Besolved  to  concur  in  said  order  of  reference  and  Mr-  Clark  of 
Windham  County  was  appointed  from  Council.     Recd-  also,  The  petition 
of  the  President,  Directors  &  Company   of  the  Bank  of  Burlington, 
with  an  order  of  reference  thereon  to  a  committee  of  four  members  of 
the   House    of  representatives    to  join   from    Council  ;  —  Whereupon, 
Besolved  to  concur  in   said  order  of  reference,  and  Mr-   Harris   was 
appointed  from  Council.     Also,  Communications  from  the  Executives  of 
the  States  of  Ohio,  Connecticut,  Louisiana,  Delaware,  Pennsylvania  and 
Mississippi ;  with  an  order  of  reference  thereon  to  a  Committee  of  four 
members  of  the   House  of  representatives,   to  join  from   Council;  — 
Whereupon,  Besolved  to  concur  in  said  order  of  reference  &  Mr-  Deming 
was  appointed  from  Council. 

The  petition  of  David  O.  Brine,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question  "  Shall  the  said  David  O.  Brine  be  discharged 
from  the  State  prison,  on  condition  of  leaving  the  State  within  60  days?" 
was  determined  in  the  affirmative.  Yeas  12.  Nays  0.  Those,  who  voted 
in  the  affirmative,  were,  The  L*-  Governor,  Messrs.  Allen,  Clark  of  Ben- 
nington County,  Clark  of  Windham  County,  Deming,  Harris,  Hoyt, 
Hunter,  Janes,  Pierpoint,  Thompson  and  Worthington. 
The  Governor  and  Council  attended  in  the  representatives'  room  for 


410  Governor  and  Council —  October  1830. 

the  purpose  of  electing  judges  of  the  Supreme  Court,  after  which  they 
returned  to  their  Chamber.1 

The  petition  of  Daniel  M.  Colby,  for  the  remission  of  a  fine  and  costs, 
on  a  conviction  of  Theft,  before  Washington  County  Court,  at  their  May 
Term  1830,  was  taken  up,  and  the  question  "  Shall  said  fine  &  costs  be 
remitted  ?"  was  put  and  determined  in  the  affirmative.  Yeas  10.  Nays 
0.  Those,  who  voted  in  the  affirmative,  were,  the  I>  Governor,  Messrs. 
Allen,  Clark  of  Bennington  C°-  Clark  of  Windham  C°-  Deming,  Harris, 
Hunter,  Janes,  Thompson  and  Worthington.  Adjourned  to  2  o'clock 
P.M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  Hon.  James  Davis  appeared  in  the  Council  Chamber, 
was  duly  sworn  by  the  Hon.  Mr-  Clark  of  Bennington  County,  and  took 
his  seat  as  a  member  of  the  Council. 

The  petition  of  Thomas  Dean,  a  convict  in  the  State  prison,  was  taken 
up,  and  the  question  was  put,  "Shall  the  said  Thomas  Dean  be  dis- 
charged from  the  State  prison  on  condition  of  leaving  the  State  within 
sixty  days  ?"  and  determined  in  the  affirmative.  Yeas  9.  Nays  0.  Those, 
who  voted  in  the  affirmative,  were,  The  1>  Governor,  Messrs.  Allen, 
Clark  of  Bennington  County,  Clark  of  Windham  County,  Harris, 
Hunter,  Janes,  Thompson  and  Worthington.  The  petition  of  Enoch 
Pillsbury,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question 
was  put,  "  Shall  the  said  Enoch  Pillsbury  be  discharged  from  the  State 
prison  ?"  and  determined  in  the  affirmative.  Yeas  10.  Those  who 
voted  in  the  affirmative  were,  The  L*-  Governor,  Messrs.  Allen,  Clark  of 
Bennington  County,  Clark  of  Windham  County,  Davis,  Harris,  Hunter, 
Janes,  Thompson  and  Worthington.  The  petition  of  John  Anderson,  a 
convict  in  the  State  prison,  was  taken  up,  the  said  Anderson  having  been 
sentenced  to  pay  a  fine  of  five  hundred  dollars,  in  addition  to  his  con- 
finement, and  the  question  was  put  "  Shall  said  fine  be  remitted  ?"  and 
determined  in  the  affirmative.  Yeas  10.  Nays  0.  Those,  who  voted  in 
the  affirmative,  were,  The  I>  Governor,  Messrs.  Allen,  Clark  of  Ben- 
nington County,  Clark  of  Windham  County,  Davis,  Harris,  Hunter, 
Janes,  Thompson  and  Worthington.  The  petition  of  Heman  Kobinson 
&  others,  in  behalf  of  Oliver  Hildreth,  a  prisoner  in  the  common  jail  in 
Bennington  in  the  County  of  Bennington,  sentenced,  upon  a  conviction 
for  an  assault,  to  pay  a  fine  of  fifty  dollars,  to  the  Treasurer  of  Benning- 
ton County,  &  costs  of  prosecution,  was  taken  up,  and  the  question  was 
put,  "  Shall  the  said  fine  &  costs  be  remitted  ?"  and  determined  in  the 
affirmative.  Yeas  8.  Nays  2.  Those,  who  voted  in  the  affirmative, 
were,  the  I>  Governor,  Clark  of  Bennington  County,  Clark  of  Windham 
County,  Davis,  Hunter,  Janes,  Thompson  and  Worthington.  Those, 
who  voted  in  the  negative,  were,  Messrs.  Allen  and  Harris.  Adjourned 
to  9  o'clock  tomorrow  morning. 


Wednesday  Oct.  27, 1830.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  Mr- 
Thompson  was,  on  motion,  excused  from  further  service  on  the  Judici- 
ary Committee  and  Mr-  Davis  was  appointed  in  his  stead.  Mr-  Thompson 
was,  also,  on  motion,  excused  from  serving  on  the  committees  appointed 
on  the  following,  to  wit,  "  An  act  to  preserve  fish  in  Hinesburgh  pond," 
and  Mr-  Worthington  was  appointed  in  his  stead;— "An  act  annexing  the 

1  Titus  Hutchinson,  Charles  K.  Williams,  Stephen  Royce,  Jr.,  Ephraim 
Paddock,  and  John  C.  Thompson  were  elected. 


Governor  and  Council — October  1830.  411 

town  of  Mansfield  in  the  County  of  Chittenden  to  Washington  County, 
&  for  other  purposes,"  and  Mr-  Clark  of  Windham  County  was  appointed 
in  his  stead; — The  petition  of  Aaron  S.  Beeman  &  others,  and  Mr-  Davis 
was  appointed  in  his  stead;  and  The  petition  of  Amos  Bliss  &  others, 
and  Mr-  Hoyt  was  appointed  in  his  stead. 

The  resolution,  yesterday  laid  on  the  table,  assigning  a  time  for  the 
meeting  of  both  Houses  for  the  election  of  a  person  to  preach  the  next 
election  sermon,  a  Surveyor  General,  and  an  Auditor  of  accounts  against 
the  State,  for  the  year  ensuing,  was  taken  up  and  amended  by  striking 
out  the  word  "  Thursday  "  and  inserting,  in  lieu  thereof,  the  word  "-Wed- 
nesday," Whereupon,  Resolved  to  concur  in  passing  said  resolution,  as 
amended,  &  Ordered  that  the  Secretary  inform  the  House  of  such  con- 
currence. 

Recd-  from  the  House,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  representatives'  room,  at  two  o'clock  this  afternoon, 
to  elect  a  chaplain  for  the  remaining  part  of  the  session,  and  a  superin- 
tendant  of  the  Vermont  State  prison,  for  the  year  ensuing,"  which  was 
read,  Whereupon,  Resolved  to  concur  in  passing  said  resolution,  and 
Ordered  that  the  Secretary  inform  the  House  of  such  concurrence.  Recd- 
also,  for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  Committee  on  Agri- 
culture be  instructed  to  inquire  into  the  expediency  of  increasing  the 
time,  in  which  rams  shall  be  restrained  from  going  at  large,  and  report 
by  bill  or  otherwise,"  which  was  read, — Whereupon,  Resolved  to  concur 
in  passing  said  resolution.  Recd-  also,  for  concurrence,  the  following 
resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  concurring 
herein,  that  the  judiciary  Committee  be  instructed  to  inquire  into  the 
expediency  of  providing,  by  law,  for  the  attendance  of  witnesses,  upon 
criminal  trials,  in  favor  of  the  accused,  when  it  shall  be  made  satisfacto- 
rily to  appear  to  the  Court,  holding  such  trial,  that  the  accused,  from 
poverty,  is  unable  to  compel  such  attendance,"  Which  was  read,  Where- 
upon Resolved  to  concur  in  passing  said  resolution.  Recd-  also,  for  con- 
currence, the  following  resolution,  to  wit, "  Resolved,  the  Governor  and 
Council  concurring  herein,  that  a  Committee  of  four  members  of  this 
House  be  appointed  to  join  such  Committee  as  the  Governor  and  Coun- 
cil may  be  pleased  to  appoint,  whose  duty  it  shall  be  to  inquire  into  the 
expediency  of  adopting  measures  to  ascertain  the  true  boundary  line  be- 
tween the  States  of  Vermont  and  New  Hampshire,  &  report  by  bill  or 
otherwise,"  which  was  read — Whereupon,  Resolved  to  concur  in  passing 
said  resolution,  and  L*  Governor  Richards  was  appointed  from  Council. 
Recd-  also,  for  concurrence,  the  following  resolution,  to  wit,  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  Select  men  of  the 
several  towns  in  this  State,  which  received  arms,  distributed  under  the 
laws  of  1812, 1813,  or  1814,  be,  and  they  hereby  are,  directed  to  make  a 
return  of  the  same,  on  or  before  the  second  Thursday  in  October  next, 
to  the  Clerk  of  the  House  of  representatives,  designating,  in  such  re- 
turn, the  number  of  arms  received,  as  aforesaid,  and  the  number  now  on 
hand,  and  the  state  of  repair,  in  which  the  same  may  be,  at  the  date  of 
such  returns,"  Which  was  read,  Whereupon,  Resolved  to  concur  in  pass- 
ing said  resolution,  and  Ordered  that  the  Secretary  inform  the  House  of 
such  concurrence. 

Recd-  from  the   House,   the  following,  to  wit,    The  petition  of  the 

Selectmen  of  Troy,  with  an  order  of  the  House  thereon  recommitting 

the  same  to  the  Land  Tax  Committee  —  Whereupon  Resolved  to  concur 

in  said  order  of  recommitment. 

The  petition  of  John  Anderson,  a  convict  in  the  State  prison,  was 


412  Governor  and  Council — October  1830. 

taken  up,  and  the  question  was  put,  "  Shall  the  said  John  Anderson  be 
discharged  from  the  State  prison,  upon  condition  of  leaving  the  State 
within  ten  days?"  and  determined  in  the  affirmative.  Yeas  7.  Nays 
4.  Those,  who  voted  in  the  affirmative,  were  Messre-  Clark  of  Benning- 
ton County,  Harris,  Hoyt,  Hunter,  Janes,  Pierpoint  &  Worthington. 
Those,  who  voted  in  the  negative,  were,  The  I>  Governor,  Messrs. 
Allen,  Clark  of  Windham  County  and  Davis.  On  motion  of  Mr.  Harris, 
the  vote  of  yesterday,  remitting  the  fine  in  the  case  of  John  Anderson,  a 
convict  in  the  State  prison,  was  reconsidered. 

Benjamin  Swan,  Treasurer  of  the  State  of  Vermont,  appeared  in  the 
Council  Chamber,  and  presented  his  official  bond,  which  was  approved 
by  the  Governor  and  Council,  and  he  was  duly  sworn  to  the  faithful  exe- 
cution of  the  duties  of  his  said  office,  by  His  Excellency,  the  Governor. 

Recd-  a  written  message  from  the  Speaker  of  the  House  of  Represent- 
atives, informing  that  the  House  had  concurred  in  the  amendment  pro- 
posed to  the  resolution  assigning  a  time  for  the  election  of  a  person  to 
preach  the  next  election  sermon,  a  Surveyor  General,  and  an  Auditor  of 
accounts  against  the  State  ;  —  Which  was  read.  Adjourned  to  2  o'clock 
P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Pierpoint  moved  a  reconsideration  of  the  vote  of  the 
25th  Instant,  dismissing  the  petition  of  Horace  Wheeler,  a  convict  in 
the  State  prison,  and  said  motion  having  been  put,  it  was  determined  in 
the  negative.  The  petition  of  R.  Washburn  &  others,  in  behalf  of 
Joseph  R.  Clark,  a  prisoner,  confined  in  the  common  jail  in  Chelsea,  in 
the  County  of  Orange,  upon  a  sentence  of  Orange  County  Court,  to  pay 
a  fine  of  twenty  dollars  and  costs  of  prosecution,  on  a  conviction  before 
said  court  for  an  assault,  was  taken  up,  and  the  question  was  put  "Shall 
said  fine  and  costs  be  remitted  ? "  and  determined  in  the  affirmative. 
Yeas  10.  Nays  2.  Those,  who  voted  in  the  affirmative,  were,  Messrs. 
Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County,  Harris, 
Hoyt,  Hunter,  Janes,  Pierpoint,  Thompson  and  Worthington.  Those, 
who  voted  in  the  negative,  were,  The  J>  Governor  and  Mr-  Davis. 

The  Governor  and  Council  attended  in  the  representatives'  room, 
agreeably  to  the  joint  resolution  of  both  Houses,  for  the  election  of  a 
chaplain  for  the  remaining  part  of  the  session,  a  Superintendent  of  the 
Vermont  State  prison,  a  person  to  preach  the  next  election  sermon,  a 
Surveyor  General,  and  an  Auditor  of  accounts  against  the  State.  After 
which,  the}'  returned  to  their  chamber.1 

Mr.  Clark  of  Windham  County  moved  the  reconsideration  of  the  vote 
of  the  25th  Instant,  dismissing  the  petition  of  Jesse  Shippee,  a  convict 
in  the  State  prison,  and  the  question  being  taken  upon  reconsidering 
said  vote,  it  was  determined  in  the  negative.  The  petition  of  Cyrus 
Scales,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question  was 
put,  "  Shall  the  said  Cyrus  Scales  be  discharged  from  the  State  prison  ?" 
and  determined  in  the  negative.  Yeas  4.  Nays  5.  Those,  who  voted 
in  the  affirmative,  were,  The  Lieut.  Governor,  Messrs.  Allen,  Clark  of 
Windham  County  and  Worthington.  Those,  who  voted  in  the  negative, 
were  Messrs.  Clark  of  Bennington  County,  Davis,  Harris,  Hunter  and 

1  The  following  elections  were  made  :  Rev.  Chester  Wright,  Chaplain  ; 
John  H.  Cotton,  Superintendent  of  the  State  Prison  ;  Rev.  Leland 
Howard,  to  preach  the  next  election  sermon,  and  Rev.  Hadley  Procter 
substitute  ;  John  A.  Pratt,  Surveyor  General  ;  and  David  Pierce 
Auditor. 


Governor  and  Council — October  1830.  413 

Janes.    Said  petition  was  then  Ordered  to  be  dismissed.     Adjourned  to 
9  o'clock  to-morrow  morning. 


Thursday  Oct.  28, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Recd- 
from  the  House,  for  concurrence  in  the  reference,  the  following,  to  wit, 
The  petition  of  Silas  Sears  &  others  ;  "  An  act  in  relation  to  County 
Treasurers,"  with  an  order  of  reference  on  each  to  the  judiciary  Com- 
mittee;— Recd-  also,  The  petition  of  Mark  Dodge,  with  an  order  thereon 
discharging  the  Committee  of  Claims  therefrom  &  referring  the  same  to 
the  judiciary  Committee; — Also  "An  act  in  addition  to  the  several  acts 
defining  the  powers  of  justices  of  the  peace," — and  "  An  act  regulating 
the  direction  of  writs," — with  an  order  of  reference  on  each  to  the  judi- 
ciary Committee.  Also,  "  An  act,  directing  the  Treasurer  to  credit  Jo- 
seph "Weeks  the  sum  therein  mentioned,"  with  an  order  of  the  House 
thereon  discharging  the  Committee  of  Claims  thereon,  and  referring  the 
same  to  the  Committee  of  Ways  and  Means; — Also,  The  petition  of  Ly- 
man Watts; — "  An  act  directing  the  Treasurer  to  pay  James  Davis  the 
sum  therein  mentioned";  and  "An  act  directing  the  Treasurer  of  the 
State  to  pay  Stephen  Haight  the  sum  therein  mentioned"  ;  with  an  order 
of  reference  on  each  to  the  Committee  of  Claims.  Also,  "An  act  in 
alteration  of  an  act  entitled  'An  act  regulating  particular  land  Taxes' "; 
with  an  order  of  reference  thereon  to  the  Land  Tax  Committee  ;  Also, 
"An  act  granting  to  William  Stephenson  the  exclusive  right  of  keeping 
a  ferry,"  with  an  order  of  reference  thereon  to  the  Comee-  on  the  petition 
of  Abel  Phelps;—  A Iso,  The  petition  of  Thomas  Waterman  and  others, 
with  an  order  of  reference  thereon  to  the  Committee  to  be  raised  on  the 
bill  entitled  "  An  act  constituting  a  new  County  by  the  name  of  La- 
moille." Also,  The  petition  of  Charles  Whittemore  &  others  ;.  with  an 
order  of  reference  thereon  to  the  committee  last  mentioned; — Where- 
upon, Resolved  to  concur  in  said  several  orders  of  reference.  Rec,L  also, 
The  petition  of  Levi  Tolles  &  others;  with  an  order  of  reference  thereon 
to  a  Committee  of  two  members  of  the  House  of  representatives,  to  join 
from  Council; — Whereupon,  Resolved  to  concur  in  said  order  of  reference, 
and  Mr.  Hunter  was  appointed  from  Council. 

Recd-  from  the  House  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  that  the  Judiciary  Committee  be  instructed  to  inquire  into 
the  expediency  of  providing  for  the  appointment  of  Registers  of  Probate 
by  the  Legislature,"  Which  was  read,  Whereupon,  Resolved  to  concur  in 
passing  said  resolution.  Recd-  also,  the  following  resolution,  to  wit,  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  Commit- 
tee on  claims  be  instructed  to  examine  the  account  of  James  A.  Paddock 
Esqr-  for  his  services  and  expenses,  in  examining  the  outlet  of  Lake 
Memphremagog,  and  report  by  bill  or  otherwise,"  which  was  read, 
Whereupon,  Resolved  to  concur  in  passing  said  resolution.  Recd-  from 
the  House,  for  revision  &  concurrence  or  proposals  of  amendment,  the 
following  engrossed  bill,  to  wit,  "  An  act  repealing  an  act  therein  men- 
tioned," which  was  read,  Whereupon,  Resolved  to  concur  in  passing  said 
bill,  and  Ordered  that  the  Secretary  inform  the  House  of  such  concur- 
rence. Recd-  also,  for  revision  &c-  the  following  engrossed  bill,  to  wit, 
"An  act  to  repeal  an  act  incorporating  the  Grand  Lodge  of  the  State  of 
Vermont,  and  an  act  incorporating  the  Grand  Chapter  of  the  State  of 
Vermont,"  which  was  read; — Whereupon,  Resolved  to  concur  in  passing 
said  bill,  and  Ordered  that  the  Secretary  inform  the  House  of  such  con- 
currence.   Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 


414  G-overnor  and  Council — October  1830. 

laying  a  tax  on  the  lands  in  Montgomery,"  Which  was  read; — Where- 
upon, Resolved  to  concur  in  passing  said  bill,  and  Ordered  that  the  Sec- 
retary inform  the  House  of  such  concurrence.  Kecd-  also,  for  revision 
&c-  an  engrossed  bill,  entitled  "An  act  lajing  a  tax  on  the  lands  in  More- 
town,"  Which  was  read;— Whereupon,  Resolved  to  concur  in  passing 
said  bill,  and  Ordered  that  the  Secretary  inform  the  House  of  such  con- 
currence. Recd-  also,  for  revision,  &c-  an  engrossed  bill,  entitled  "An  act 
laying  a  tax  on  the  lands  in  Victory,"  which  was  read  &  amended  by 
striking  out  the  word  "  Orleans,"  and  inserting,  in  lieu  thereof,  the  word 
"  Essex,"  and  Mr-  Pierpoint  was  appointed  to  prepare  reasons  for  said 
amendment,  who  forthwith  reported  the  following,  to  wit,  "  That  the 
land  lies  in  Essex  County,"  which  was  adopted,  Whereupon,  Resolved  to 
concur  in  passing  said  bill;  as  amended,  and  Ordered  that  the  Secretar}' 
inform  the  House  of  such  concurrence,  and  return  said  bill  to  the  House 
with  the  reasons  aforesaid. 

The  petition  of  Lewis  Baldwin,  a  convict  in  the  State  prison,  was 
taken  up,  and  Ordered  to  be  dismissed. 

The  Governor  and  Council  attended  in  the  representatives'  room  for 
the  further  appointment  of  County  officers,  after  which  they  returned  to 
their  Chamber.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  petition  of  John  Billington,  a  convict  in  the  State 
prison,  was  taken  up,  and  the  question  was  put,  "  Shall  the  said  John 
Billington  be  discharged  from  the  State  prison  ?"  and  determined  in  the 
negative — Yeas  4.  Nays  7.  Those,  who  voted  in  the  affirmative,  were, 
The  L*  Governor,  Messrs.  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County,  &  Hoyt.  Those,  who  voted  in  the  negative,  were,  Messrs. 
Allen,  Davis,    Harris,  Hunter,    Janes,    Pierpoint    and    Worthington. 

The  petition  of  Edward  Welch,  a  convict  in  the  State  prison,  was 
taken  up  and  the  question  "  Shall  the  said  Edward  Welch  be  discharged 
from  the  State  prison  ?  "  was  determined  in  the  affirmative.  Yeas  11. 
Nays  0.  Those,  who  voted  in  the  affirmative,  were  The  J>  Governor, 
Messrs.  Allen,  Clark  of  Bennington  C°-  Clark  of  Windham  C°-  Davis, 
Harris,  Hoyt,  Hunter,  Janes,  Pierpoint  &  Worthington.  The  petition 
of  Jeremiah  Bradley,  a  convict  in  the  State  prison,  was  taken  up,  and 
the  question  was  put,  "  Shall  the  said  Jeremiah  Bradley  be  discharged 
from  the  State  prison  ? "  and  determined  in  the  affirmative.  Yeas  7. 
Nays  4.  Those,  who  voted  in  the  affirmative,  were,  The  I>  Governor, 
Messrs.  Clark  of  Windham  County,  Harris,  Hoyt,  Janes,  Pierpoint  & 
Worthington.  Those,  who  voted  in  the  negative,  were  Messrs.  Allen, 
Clark  of  Bennington  County,  Davis  &  Hunter.  The  petitions  of  Jacob 
Allen,  Elijah  W.  Bennett,  Elisha  Hyde,  Manley  A.  Beach,  Peter  Bollio, 
&  Stephen  Coates,  convicts  in  the  State  prison,  were  severally  taken  up, 
and  Ordered  to  be  dismissed.  Adjourned  to  9  o'clock,  tomorrow  morning. 


Friday  Oct.  29, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Recd- 
from  the  House  for  concurrence  in  the  reference,  the  following,  to  wit, 
The  petition  of  James  Dwyer  &  Adolphus  Paul,  with  an  order  of  refer- 
ence thereon  to  the  Committee  of  Claims,  Whereupon  Resolved  to  concur 
in  said  order  of  reference. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  providing  a 
compensation  to  the  Hon.  Bates  Turner,  late  judge  of  the  Supreme 
Court," — which  was  read,  Whereupon,  Resolved  to  concur  in  passing 


Governor  and  Council — October  1830.  415 

said  bill,  and  Ordered  that  the  Secretary  inform  the  House  of  such  con- 
currence. 

Recd-  for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  judiciary  Committee 
be  instructed  to  inquire  into  the  expediency  of  so  altering  or  amending 
the  law  respecting  serving  and  returning  writs,  issued  by  justices  of  the 
peace,  as  to  make  it  the  duty  of  all  officers,  serving  such  writs,  to  return 
them  twenty-four  hours  previous  to  the  time  set  in  them  for  trial,  and 
report  by  bill  or  otherwise,"  which  was  read,  Whereupon,  Besolved  to 
concur  in  passing  said  resolution.  Recd-  also,  the  following  resolution, 
to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that 
the  judiciary  Committee  be  instructed  to  inquire  into  the  expediency  of 
providing  by  law,  for  the  procurement  of  copies  of  the  Charters  of  the 
several  townships  in  this  State,  granted  by  the  State  of  New  Hampshire, 
and  placing  the  same  in  the  office  of  the  Secretary  of  this  State,  and  al- 
lowing copies  of  the  same  to  be  read  in  evidence  in  the  several  courts  in 
this  State;  and  report  by  bill,  or  otherwise,"  which  was  read;— Where- 
upon, Resolved  to  concur  in  passing  said  resolution.  Recd-  also,  the  fol- 
lowing resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  judiciary  Committee  be  instructed  to  inquire  into 
the  expediency  of  passing  a  law,  empowering  Courts,  dismissing  causes, 
for  want  of  jurisdiction,  to  render  judgment  for  costs  in  favor  of  the  de- 
fendant, and  award  execution  accordingly;" — Which  was  read,  Where- 
upon, Resolved  to  concur  in  passing  said  resolution.  Recd-  also,  the  fol- 
lowing resolution,  to  wit,  "  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  General  Committee  be  directed  to  report  a  bill, 
relieving  the  Militia  of  this  State  from  military  duty  at  the  age  of  forty," 
Which  was  read  aad  amended  by  striking  out  the  word  "  report "  and 
inserting  the  words  "  inquire  into  the  expediency  of  reporting," — 
Whereupon,  Resolved  to  concur  in  passing  said  resolution,  as  amended, 
and  Ordered  that  the  Secretary  inform  the  House  of  such  concurrence  & 
amendment.  Recd-  also,  the  following  resolution,  to  wit,  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  both  Houses  meet  in 
the  representatives'  room,  on  Friday  of  this  week,  at  three  o'clock,  in  the 
afternoon,  to  elect  three  commissioners,  agreeably  to  an  act  for  the  ben- 
efit of  the  deaf  and  dumb  ;  which  was  read — Whereupon,  Resolved  to 
concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary  inform 
the  House  of  such  concurrence,  Recd-  also,  the  following  resolution,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  representatives'  room,  at  three  o'clock  this  after- 
noon, for  the  purpose  of  electing  Commissioners  of  Common  Schools  ": 
which  was  read; — Whereupon,  Resolved  to  concur  in  passing  said  reso- 
lution, and  Ordered  that  the  Secretary  inform  the  House  of  such  concur- 
rence. 

The  petitions  of  Lavinia  Bachelder,  Nathaniel  Brown,  Henry  Conney, 
Jonas  Deputrine,  Geo.  W.  Drew,  Jeremiah  Gould,  Lucius  Hill,  Samuel 
Harris,  John  Erwin,  William  Jones,  Ezekiel  Odel,  Joel  B.  King,  Calvin 
Mellen,  David  Older,  John  Plumley,  Thomas  J.  Severance,  and  Abner 
M.  Sherman,  Convicts  in  the  State  prison,  were,  severally,  taken  up  and 
Ordered  to  be  dismissed. 

The  petition  of  John  Gould,  a  convict  in  the  State  prison,  was  taken 
up,  and  the  question  put,  "  Shall  the  said  John  Gould  be  discharged 
from  the  State  prison  ? "  and  determined  in  the  affirmative.  Yeas  8. 
Nays  0.  Those,  who  voted  in  the  affirmative,  were,  The  I>  Governor, 
Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County, 
Hoyt,  Janes,  Pierpoint  and  Worthington.  The  petition  of  William 
Hawley,  a  convict  in  the  State  prison,  was  taken  up,  and  the  question 


416  Governor  and  Council — October  1830. 

put,  "  Shall  the  said  "William  Hawley  be  discharged  from  the  State 
prison  ?  "  and  determined  in  the  affirmative — Yeas  10.  Nays  0.  Those, 
who  voted  in  the  affirmative,  were,  The  L*-  Governor,  Messrs.  Allen, 
Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis,  Hoyt, 
Hunter,  Janes,  Pierpoint  and  Worthington.  The  petition  of  George 
Stephens,  a  convict  in  the  State  prison,  was  taken  up  and  the  question 
put,  "Shall  the  said  George  Stephens  be  discharged  from  the  State 
prison  ?  "  and  determined  in  the  affirmative  —  Yeas  9.  Nay  1.  Those, 
who  voted  in  the  affirmative;  were  the  I>  Governor,  Messrs.  Allen, 
Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis,  Hoyt, 
Janes,  Pierpoint  and  Worthington.  The  member,  voting  in  the  nega- 
tive, was  Mr.  Hunter.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  Governor  and  Council  attended  in  the  representatives' 
room  for  the  purpose  of  electing  three  Commissioners  agreeably  to  the 
act  for  the  benefit  of  the  deaf  and  dumb,  and  a  board  of  Commissioners 
of  Common  Schools  ;  after  which  they  returned  to  their  Chamber.1 

Adjourned  to  9  o'clock  tomorrow  morning. 


Saturday  Oct,  30, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up,  for  concurrence,  the  following  resolution,  to  wit,  "Resolved, 
ihe  Governor  and  Council  concurring  herein,  that  His  Excellency  be 
requested  to  appoint  Thursday,  the  second  day  of  December  next,  to  be 
observed  as  a  day  of  public  thanksgiving  throughout  this  State  ; "  Which 
was  read  ;  —  Whereupon,  Resolved  to  concur  in  passing  said  resolution, 
and  Ordered  that  the  Secretary  inform  the  House  of  such  concurrence. 

Recd-  for  concurrence  in  the  reference,  the  following,  to  wit,  "An  act 
directing  the  Treasurer  to  pay  Joseph  Howes  the  sum  therein  men- 
tioned," with  an  order  of  reference  thereon  to  the  Committee  of 
Claims  ;  —  Also,  "An  act  in  addition  to  the  several  acts  regulating  the 
limitation  of  actions,"  and  "An  act  repealing  an  act  entitled  fan  act 
taxing  foreign  insurance  Companies' "  ;  with  an  order  of  reference  on 
each  to  the  judiciary  Committee  ;  Also,  The  petition  of  Haines  Schoff  & 
others,  with  an  order  of  reference  thereon  to  the  Land  Tax  Committee  ; 
Whereupon,  Resolved  to  concur  in  said  several  orders  of  reference. 
Also,  "An  act  constituting  a  new  County,  by  the  name  of  Lamoille," 
with  an  order  of  reference  thereon  to  a  Committee  of  four  members  of 
the  House  of  representatives,  to  join  from  Council ;  —  Whereupon, 
Resolved  to  concur  in  said  order  of  reference,  and  Mr-  Allen  was 
appointed  from  Council. 

Recd-  also,  for  concurrence  in  the  reference,  the  following,  to  wit,  "An 
act  repealing  an  act  therein  mentioned,"  with  an  order  of  reference 
thereon  to  a  Committee  of  four  members  of  the  House  of  representatives 
to  join  from  Council ;  —  Whereupon,  Resolved  to  concur  in  said  order 
of  reference,  and  L*-  Governor  Richards  was  appointed  from  Council. 
Also,  The  petition  of  Charles  Marsh  and  others,  and  The  petition  of 
Jonathan  Taylor  &  others,  with  an  order  of  reference  on  each  to  the 
judiciary  Committee ;  —  Whereupon,  Resolved  to  concur  in  said  several 
orders  of  reference. 

1  The  following  elections  were  made  :  John  Smith  of  St.  Albans, 
Wyllys  Lyman  and  John  Kellogg,  Commissioners  of  the  deaf  and  dumb; 
and  William  Hall,  William  Page,  Jacob  Collamer,  Benjamin  F.  Bailey 
and  Ephraim  Paddock,  School  Commissioners. 


Governor  and  Council — November  1830.  417 

Recd-  from  the  House,  for  revision  &c-  an  engrossed  bill,  entitled  "  An 
act  for  the  relief  of  Charles  W.  Foster,"  which  was  read,  Whereupon, 
Eesolved  to  concur  in  passing  said  bill,  and  Ordered,  that  the  Secretary 
inform  the  House  of  such  concurrence. 

Recd-  a  written  message  from  the  Speaker  of  the  House  of  representa- 
tives, informing  that  the  House  had  concurred  in  the  amendment  pro- 
posed by  the  Governor  and  Council,  to  the  resolution,  directing  the  Gen- 
eral Committee  to  report  a  bill  "  relieving  the  militia  of  this  State  from 
military  duty  at  the  age  of  forty,"— which  was  read. 

The  petition  of  James  Halligan,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question  put,  "  Shall  the  said  James  Halligan  be  dis- 
charged from  the  State  prison  ?"  and  determined  in  the  affirmative. 
Yeas  11.  Nays  0.  Those,  who  voted  in  the  affirmative,  were,  the  L*- 
Governor,  Messrs.  Allen,  Clark  of  Bennington  County,  Clark  of  Wind- 
ham County,  Davis,  Hoyt,  Hunter,  Janes,  Pierpoint,  Thompson  and 
Worthington.  The  petitions  of  Jeptha  Woodward  and  Alexander  Johno, 
convicts  in  the  State  prison,  were  severally  taken  up,  and  Ordered  to  be 
dismissed.    Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  pursuant  to  ad- 
journment. Recd-  from  the  House,  "  The  petition  of  the  Company  for 
rendering  Connecticut  river  navigable  by  Bellows'  Falls,"— with  an 
order  thereon  that  the  same  be  re-committed  to  the  Committee  on  roads 
and  canals; — Also,  The  Report  of  the  Committee  on  roads  and  canals, 
upon  the  petition  last  above  mentioned,  with  a  like  order  of  re-commit- 
ment thereon, — Whereupon,  Resolved  to  concur  in  said  orders  of  re- 
commitment.   Adjourned  to  9  o'clock  Monday  morning. 


Monday  Nov.  1, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  Hon. 
John  C.  Thompson,  who  had  been  elected  one  of  the  assistant  Justices 
of  the  Supreme  Court,  for  the  year  ensuing,  signified  his  acceptance  of 
said  office,  and  resigned  his  seat  as  a  member  of  the  Council. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  The  petition  of  Lovel  Bullock,  and  "  An  act  in  addition  to  an  act, 
entitled  '  an  act  for  the  punishment  of  certain  inferior  crimes  and  misde- 
meanors,' "  with  an  order  of  reference  on  each  to  the  Judiciary  Commit- 
tee;— Also,  "An  act  for  encouraging  the  destruction  of  foxes  in  this 
State,"  with  an  order  of  reference  thereon  to  the  Committee  on  Agricult- 
ure; Also,  The  petition  of  Tyler  Bingham  &  others,  and  "An  act'laying 
a  tax  on  the  lands  in  Franklin,"  with  an  order  of  reference  on  each  to 
the  Land  Tax  Committee;  Also,  The  petition  of  the  town  of  Ripton,  with 
an  order  of  reference  thereon  to  the  Committee  on  Education.  Also, 
"An  act  in  addition  to  an  act,  entitled  c  an  act  against  disturbing  the  re- 
mains of  the  dead,' "  with  an  order  of  reference  thereon  to  the  General 
Committee;  Also,  The  remonstrance  of  Daniel  S.  Shattuck  &  others, 
against  the  passage  of  a  bill  repealing  an  act  annexing  part  of  Belvidere 
to  Eden;  with  an  order  of  reference  thereon  to  the  Committee  raised  on 
said  bill.  Also,  The  remonstrance  of  the  Inhabitants  of  Eden;  with  the 
same  order  of  reference  thereon,  as  last  mentioned;  Whereupon,  He- 
solved  to  concur  in  said  several  orders  of  reference. 

Recd-  for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  General  Committee 
be  instructed  to  inquire  into  the  expediency  of  so  altering  or  amending 
the  law,  relative  to  weights  and  measures,  passed  Mar.  8.  1797,  so  that 

27 


418  Governor  and  Council — November  1830. 

cast  iron  weights  may  be  used  as  town  standards,  in  lieu  of  brass,  as  is 
now  provided  by  law,  and  report  by  bill  or  otherwise,"  which  was  read; 
Whereupon,  Resolved  to  concur  in  passing  said  resolution.  Recd-  also, 
for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the  Gover- 
nor and  Council  concurring  herein,  that  the  Committee  on  roads  and 
canals  be  instructed  to  inquire  into  the  present  situation  of  the  Pas- 
sumpsick  Turnpike,  the  amount  of  tolls  received  at  the  gates,  the  num- 
ber of  gates,  the  cost  and  value  of  the  stock,  and  whether  the  road  is 
supported  and  kept  in  repair  by  the  Corporation,  or  whether  it  is  re- 
paired by  the  towns,  through  which  it  passes,  and  report  the  facts  to  the 
Legislature  ";  which  was  read,  Whereupon,  Resolved  to  concur  in  pass- 
ing said  resolution. 

The  House  sent  up  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
providing  a  compensation  to  the  Superintendant  of  the  State  prison  "  ; 
Which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  to  repeal 
an  act,  entitled  'an  act  to  preserve  the  fish  in  the  Waters  of  Bristol,'" 
Which  was  read  ;  —  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  laying  a 
tax  on  the  lands  in  Topsham,"  which  was  read  ;  —  Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act  laying  a  tax  on  the  lands  in  Stamford,"  which  was 
read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd-  also, 
for  revision  &c-  an  engrossed  bill,  entitled  "An  act  laying  a  tax  on  the 
lands  in  Waterville,"  Which  was  read  ;  —  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill, 
entitled  "An  act  laying  a  tax  on  the  lands  in  Groton  and  Harris  Gore," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  laying  a 
tax  on  the  lands  in  Stratton  "  ;  which  was  read  ;  Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act  laying  a  tax  on  the  lands  in  Worcester,"  which 
was  read  ;  — Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd- 
also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  granting  a  ferry 
to  Joseph  Frost,"  which  was  read  ;  —  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled 
"An  act  granting  a  ferry  to  John  Knight,  jr.,"  which  was  read  ;  — Where- 
upon, Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c- 
an  engrossed  bill,  entitled  "An  act  granting  a  ferry  to  Abel  Phelps," 
which  was  read  ;  —  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  an  engrossed  bill,  entitled  "An  act  granting  a  ferry  to  John 
Rogers,"  which  was  read  ;  —  Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
repealing  an  act  therein  mentioned,"  which  was  read  ;  — Whereupon, 
Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an 
engrossed  bill,  entitled  "An  act,  legalizing  the  proceedings  of  the  Bur- 
lington Fire  Company,"  which  was  read  ;  —  Whereupon,  Resolved  to 
concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act  to  incorporate  a  steam  engine  Company  in 
Alburgh,"  which  was  read  ;  —Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Ordered  that  the  Secretary  inform  the  House  of  the  concur- 
rence of  the  Governor  and  Council  in  the  passage  of  the  fifteen  bills  last 
mentioned.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment, &  Adjourned  to  9  o'clock  tomorrow  morning. 


Governor  and  Council — November  1830.  419 

Tuesday  Nov.  2, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Recd- 
from  the  House,  for  concurrence,  the  following  resolution,  to  wit,  "  In 
General  Assembly,  Nov.  1, 1830.  Resolved,  the  Governor  and  Council 
concurring  herein,  that  both  Houses  meet  in  joint  committee,  in  the 
representatives'  room,  at  ten  o'clock,  to-morrow  morning,  for  the  pur- 
pose of  electing  three  directors  of  the  Vermont  State  Bank,  and  a  com- 
mittee to  inspect  the  several  banks  in  this  State,"  which  was  read, — 
Whereupon,  Resolved  to  concur  in  passing  said  resolution,  and  Ordered 
that  the  Secretary  inform  the  House  of  such  concurrence.  Recd-  also  for 
concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the  Governor 
and  Council  concurring  herein,  that  Jedediah  H.  Harris,  of  Strafford, 
and  William  Steele,  of  Sharon,  be  and  hereby  are  appointed  a  Committee 
to  attend  at  the  State  prison  in  the  month  of  September  next,  to  make 
an  appraisal  and  inventory  of  all  the  property  belonging  to  said  prison, 
and  also  to  settle  with  the  Superintendant,  and  investigate  all  the  ac- 
counts of  said  prison,  and  report  to  the  next  Session  of  the  Legislature  "; 
which  was  read;— Whereupon,  Besolved  to  concur  in  passing  said  resolu- 
tion, and  Ordered  that  the  Secretary  inform  the  House  of  such  concur- 
rence. Recd-  also,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  The  Governor  and  Council  concurring  herein,  that  one  mem- 
ber from  each  of  the  Counties  of  Windham,  Windsor,  Orange,  Caledo- 
nia and  Essex,  be  appointed  a  Committee  to  join  from  the  Council,  whose 
duty  it  shall  be  to  inquire  what  charters  of  incorporation  have  been 
given,  and  whether  by  the  Legislature  of  this  State  or  that  of  New 
Hampshire,  incorporating  companies  for  establishing  mills,  machinery, 
locks  and  canals  on  Connecticut  river  ;  what  number  of  locks,  canals, 
mills  or  machinery  are  erected  and  now  iu  operation;— what  number  of 
dams  are  erected  across  said  river,  and  where  located,  and  what  meas- 
ures are  now  taking  for  the  further  improvement  of  the  navigation  of 
said  river,  and  report  by  bill  or  otherwise," — Which  was  read; — Where- 
upon, Besolved  to  concur  in  passing  said  resolution,  and  Mr-  Clark  of 
Windham  County  was  appointed  from  Council. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  "An  act  for  the  relief  of  Mount  Tabor,"  with  an  order  of  reference 
thereon  to  the  Committee  of  Ways  and  Means;— also,  "An  act  granting 
to  Samuel  Ford  the  right  to  sell  lottery  tickets  for  the  time  therein  men- 
tioned," with  an  order  of  reference  thereon  to  the  Committee  raised  on 
the  petition  of  Samuel  Ford; — Whereupon,  Besolved  to  concur  in  said 
several  orders  of  reference.  Recd-  also,  "An  act  to  incorporate  the  pres- 
ident, directors  and  company  of  the  Bank  of  Orleans,"  with  an  order  of 
reference  thereon  to  a  committee  of  four  members  of  the  House  of  rep- 
resentatives, to  join  from  Council;  Whereupon,  Besolved  to  concur  in 
said  order  of  reference  and  Mr<  Allen  was  appointed  from  Council. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  for  the  relief 
of  the  Company  for  rendering  Connecticut  river  navigable  by  Bellows' 
Falls,  and  to  continue  in  force  an  act  therein  mentioned," — Which  was 
read;  Whereupon,  Besolved  to  concur  in  passing  said  bill.  Recd-  also, 
for  revision  &c-  an  engrossed  bill,  entitled  "An  act  directing  the  Treas- 
urer to  pay  Josiah  Newton  the  sum  therein  mentioned,"  which  was  read; 
Whereupon,  Besolved  to  concur  in  passing  said  bill.  Recd-  also,  for  re- 
vision &c-  an  engrossed  bill,  entitled  "An  act  directing  the  Treasurer  to 
pay  Austin  Birchard  the  sum  therein  mentioned,"  which  was  read  ; 
— Whereupon,  Besolved  to  concur  in  passing  said  bill.  Recd-  also,  for 
revision.  &c-  an  engrossed  bill,  entitled  "An  act  for  the  relief  of  the  town 
of  Washington,"  which  was  read; — Whereupon,  Besolved  to  concur  in 
passing  said  bill.     Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled 


420  Governor  and  Council — November  1830. 

"An  act  directing  the  Treasurer  to  pay  the  sum  therein  mentioned;" 
which  was  read; — Whereupon,  Besolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act,  directing 
the  Treasurer  to  pay  James  .Porter  &  Ralph  Gowdey  the  sum  therein 
mentioned,"  which  was  read; — Whereupon,  Besolved  to  concur  in  pass- 
ing said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An 
act  to  enable  John  Carey  and  others  to  hold  and  convey  real  estate," 
which  was  read; — Whereupon,  Besolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  granting 
a  ferry  to  William  Stephenson,"  which  was  read; — Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Ordered  that  the  Secretary  inform  the 
House  of  the  concurrence  of  the  Governor  and  Council  in  the  passage  of 
the  eight  bills,  last  mentioned. 

The  Gov.  &  Council  attended  in  the  Representatives'  room  for  the 
election  of  Directors  of  the  V*-  State  Bank  &  a  Committee  to  inspect 
the  several  Banks  in  the  State,  after  which  they  returned  to  their  cham- 
ber and  adjourned  to  2  o'clock  P.  M. 1 

2  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to  ad- 
journment.   Adjourned  to  9  o'clock  tomorrow  morning. 


Wednesday  Nov.  3, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Recd* 
from  the  House,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Gov- 
ernor be  requested  to  appoint  some  suitable  person  or  persons  to  meet 
the  engineers  or  commissioners  to  be  appointed  by  the  General  Govern- 
ment for  the  purpose  of  surveying  the  north  parts  of  Lake  Champlain, 
with  a  view  to  ascertain  the  most  eligible  site  for  constructing  fortifica- 
tions, agreeably  to  a  resolution  of  Congress  "  ;  Which  was  read  ;  Where- 
upon, Resolved  to  concur  in  passing  said  resolution,  and  Ordered  that 
the  Secretary  inform  the  House  of  such  concurrence. 

Recd-  for  concurrence,  the  following,  to  wit,  The  petition  of  Robert 
Boyd  &  others  ;  with  an  order  of  reference  thereon  to  the  Judiciary 
Committee,  Also,  "An  act  to  encourage  the  growing  of  wool  and  for 
improving  the  breed  of  sheep,"  with  an  order  of  reference  thereon  to 
the  Committee  of  Agriculture,  Also,  "An  act  relating  to  jail  yards  "  ; 
with  an  order  of  reference  thereon  to  the  Committee  of  Insolvency  ; 
Whereupon,  Resolved  to  concur  in  said  several  orders  of  reference. 
Recd-  also,  The  petition  of  the  Selectmen  of  Northfield  ;  with  an  order 
of  reference  thereon  to  a  committee  of  four  members  of  the  House  of 
representatives  to  join  from  Council ;  Whereupon  Besolved  to  concur  in 
said  order  of  reference,  and  Mr-  Clark  of  Bennington  County  was 
appointed  from  Council. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  in  relation  to 
County  Treasurers,"  Which  was  read  ; — Whereupon,  Resolved  to  concur 
in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  enti- 
tled "An  act  in  -addition  to  an  act  to  provide  for  the  support  of  Common 
Schools,"  which  was  read  ;  —  Whereupon,  Besolved  to  concur  in  passing 
said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
to  preserve  fish  in  Hinesburgh  pond,"  Which  was  read  ;  Whereupon, 
Besolved  to  concur  in  passing  said  bill.    Recd-  also,  for  revision  &c-  an 

lThe  following  elections  were  made:  Benjamin  Swan,  Job  Lyman, 
George  T.  Hodges,  Directors  of  the  Vermont  State  Bank  ;  and  Robert 
Pierpoint,  Bank  Committee. 


Governor  and  Council — November  1830.  421 

engrossed  bill,  entitled  "An  act  laying  a  tax  on  the  lands  in  Troy," 
which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  directing 
the  Treasurer  to  pay  Lyman  Watts  the  sum  therein  mentioned "  ; 
Which  was  read  ;  —  Whereupon,  Besolved  to  concur  in  passing  said  bill. 
Ordered  that  the  Secretary  inform  the  House  of  the  concurrence  of  the 
Governor  and  Council  in  passing  the  five  bills  last  mentioned. 
Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Janes  submitted  the  following  resolution,  to  wit,  "  Re- 
solved, the  House  of  Representatives  concurring  herein,  that  the  Libra- 
rian be  directed  to  procure,  at  the  expense  of  the  State,  five  copies  of 
each  of  the  volumes  of  the  reports  of  the  decisions  of  the  Supreme  Court 
of  this  State,  and  that  the  same  be  deposited  in  the  State  Library," 
Which  was  read  and  passed,  and  sent  to  the  House  of  representatives 
for  their  concurrence. 

Recd-  from  the  House  for  revision  &c-  an  engrossed  bill,  entitled  "  An 
act  directing  the  Treasurer  to  pay  the  Selectmen  of  Middlebury  the  sum 
therein  mentioned,"  which  was  read;"  Whereupon,  Resolved  to  concur  in 
passing  said  bill,  &  Ordered  that  the  Secretary  inform  the  House  of  such 
concurrence.    Adjourned  to  9  o'clock  tomorrow  morning. 


Thursday  Nov.  4, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  Mr> 
Hoyt  asked  and  obtained  leave  of  absence  from  &  after  to-day. 

Recd-  from  the  House,  for  revision  &c-  an  engrossed  bill,  entitled  "An 
act  granting  to  the  town  of  Bakersfield  further  time  to  complete  a  road 
in  said  town,"  Which  was  reacl; — Whereupon,  Resolved  to  concur  in 
passing, said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled 
"An  act  granting  to  the  town  of  Greensborough  further  time  to  com- 
plete a  road  in  said  town";  Which  was  read; — Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Ordered  that  the  Secretary  inform  the 
House  of  the  concurrence  of  the  Governor  and  Council  in  passing  the 
two  bills  last  mentioned. 

Recd-  for  concurrence  the  following  resolution,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  judges  of  the  Supreme 
Court  be  and  are  hereby  requested  not  to  preside  at  any  County  Court 
within  and  for  the  County  in  which  they  have  usually  resided,  or  in 
which  they  did  reside  at  the  time  of  their  election  to  their  respective 
offices;"  which  was  read,  and  Ordered  to  lie  on  the  table. 

Recd-  for  concurrence  in  the  reference,  the  following,  to  wit,  "  An  act 
directing  the  Treasurer  to  pay  Jeremiah  Boynton  the  sum  therein  men- 
tioned," with  an  order  of  reference  thereon  to  the  Committee  of  claims; 
Also,  "An  act  in  addition  to  an  act  entitled  '  an  act  constituting  the  Su- 
preme Court  of  Judicature  and  County  Courts,  defining  their  powers  and 
regulating  judicial  proceedings;'  "  with  an  order  of  reference  thereon  to 
the  judiciary  Committee.  Also,  "  An  act  in  addition  to  an  act  entitled 
1  an  act,  regulating  the  practice  of  physic  and  surgery  within  this  State;'  " 
with  an  order  of  reference  thereon  to  the  Committee  on  Education. 
Also,  "An  act  in  addition  to  an  act  relating  to  the  bridges  in  the  several 
towns  in  this  State  ";  with  an  order  of  reference  thereon  to  the  General 
Committee.  Whereupon,  Besolved  to  concur  in  said  several  orders  of 
reference.  Recd*  also,  for  concurrence  in  the  reference,  "  An  act  to  inc- 
orporate the  President,  Directors  and  Company  of  the  Bank  of  Or- 
leans," with  an  order  of  reference  thereon  to  the  members  of  the  House , 


422  Governor  and  Council — November  1830. 

of  representatives  from  Orleans  County,  to  join  from  Council,  Where- 
upon, Resolved  to  concur  in  said  order  of  reference,  and  Mr  Allen  was 
appointed  from  Council. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  in  addition  to 
an  act,  entitled  '  an  act  allowing  endorsees  to  maintain  actions  in  their 
own  name,'"  which  was  read,  and,  on  motion  of  Mr-  Pierpoint,  amended 
by  striking  out  all  of  the  second  section,  after  the  enacting  clause,  and 
inserting,  in  lieu  thereof,  the  following,  to  wit,  "  That  every  bill  of  Ex- 
change or  promissory  note,  hereafter  executed,  and  which  by  law,  shall 
be  payable  in  this  State,  shall  be  considered  due  and  payable  at  the  time 
specified  therein  for  the  payment  thereof,  without  any  allowance  of  grace 
on  the  same."  and  said  bill  was  then  Ordered  to  lie  on  the  table. 

The  Governor  and  Council  attended  in  the  representatives'  room  for 
the  further  appointment  of  County  officers,  after  which  they  returned  to 
their  chamber.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.  —  The  Governor  &  Council  met  agreeably  to  ad- 
journment.   Adjourned  to  9  o'clock  tomorrow  morning. 


Friday  Nov.  5, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence  in  the  reference,  the  following,  to  wit, 
"  An  act  in  addition  to  an  act  entitled  '  an  act  in  explanation  of  and  in 
addition  to  an  act  entitled  '  an  act  constituting  Probate  Courts  and  de- 
fining their  powers,  and  regulating  the  settlement  of  testate  and  intes- 
tate estates,  and  the  guardianship  of  minors  and  insane  persons,'  passed 
Nov.  13. 1827;' " — with  an  order  of  reference  thereon  to  the  judiciary  Com- 
mittee:— Also,  "  An  act  in  relation  to  the  mortgage  of  certain  articles  of 
personal  property;"  Also,  "  An  act  in  addition  to  an  act  defining  the 
powers  of  justices  of  the  peace  within  this  State  ";  and  "An  act  regulat- 
ing and  licensing  victualling  houses"; — with  an  order  of  reference  on 
each  to  the  judiciary  committee.  Whereupon,  Resolved  to  concur  in  said 
several  orders  of  reference. 

Mr-  Harris  was  appointed  from  the  Council  on  the  Committee  of  Agri- 
culture, in  the  place  of  Mr-  Hoyt,  who  had  obtained  leave  of  absence  for 
the  remainder  of  the  session.  Mr-  Pierpoint  was  appointed  from  Council 
on  the  Committee  upon  the  petition  of  Peter  Sax  &  others,  in  the  place 
of  Mr-  Hoyt,  who  was  absent.  / 

The  House  sent  up,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  judi- 
ciary committee  be  instructed  to  inquire  into  the  expediency  of  altering 
the  forms  of  oaths,  as  now  prescribed  ;  and  report  by  bill  or  otherwise," 
Which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  resolu- 
tion. Recd-  also,  for  concurrence,  the  following  resolution,  to  wit, 
"Resolved,  the  Governor  and  Council  concurring  herein,  that  both 
Houses  meet  in  the  representatives'  room,  on  Wednesday  morning, 
next,  at  6  o'clock,  for  the  purpose  of  adjourning  the  legislature  without 
day"  ; —  Which  was  read  ; —  Whereupon,  it  was  Ordered  that  said  reso- 
lution lie  upon  the  table. 

The  House  sent  up  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
to  provide  for  the  attendance  of  witnesses  for  respondents  in  criminal 
cases,"  which  was  read ;  —  Whereupon  Resolved  to  concur  in  passing 
said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
in  addition  to  the  several  acts  regulating  costs " ;  Which  was  read  ; 
Whereupon  Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for 
revision  &c-  an  engrossed  bill,  entitled  " An  act  in  alteration  of  an  act  to 


Governor  and  Council — November  1830.  423 

incorporate  the  Connecticut  River  Steam  Boat  Company  "  ;  Which  was 
read  ;  —Whereupon  Resolved  to  concur  in  passing  said  bill.  Recd-  also, 
for  revision  &c-  an  engrossed  bill,  entitled  "An  act  directing  the  Treasu- 
rer to  pay  James  Davis  the  sum  therein  mentioned  "  ;  which  was  read  ; 
—  Whereupon,  Resolved,  to  concur  in  passing  said  bill.  Recd-  also,  for 
revision  &c-  an  engrossed  bill,  entitled  "An  act  to  incorporate  the  New- 
bury High  School "  ;  which  was  read  ;  —  Whereupon,  Resolved  to  concur 
in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  enti- 
tled "An  act  in  addition  to  an  act  establishing  an  Academy  in  Bradford, 
in  the  County  of  Orange"  ;  which  was  read  ;  —  Whereupon,  Resolved  to 
concur  in  passing  said  bill. 

The  engrossed  bill,  entitled  "an  act  in  addition  to  an  act  allowing 
endorsees  to  maintain  actions  in  their  own  names,"  which  was  yesterday 
laid  on  the  table,  was  taken  up,  Whereupon  Resolved  not  to  concur  in 
passing  said  bill,  and  Mr-  Janes  was  appointed  to  prepare  reasons  in 
writing  for  such  non-concurrence,  who  forthwith  reported  the  following, 
to  wit,  "  That  it  is  inexpedient  to  exempt  banking  corporations,  alone, 
from  the  operation  of  the  General  laws  of  this  State,  in  relation  to  nego- 
tiable paper,"  which  were  adopted,  and  it  was  Ordered  that  the  Secretary 
return  said  bill  with  the  reasons  aforesaid  to  the  House  and  inform  that 
body  of  the  concurrence  of  the  Governor  and  Council  in  passing  the 
six  preceding  bills  above  mentioned.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. — The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up  the  following,  to  wit,  The  petition  of 
the  Executors  of  James  Perkins,  with  an  order  thereon  discharging  the 
judiciary  Committee  from  the  further  consideration  of  the  same,  and  re- 
ferring it  to  a  committee  of  four  members  of  the  House  of  Representa- 
ives,  to  join  from  Council  ; — Whereupon,  Resolved  to  concur  in  said 
order  of  discharge  and  reference,  and  Mr-  Hunter  was  appointed  from 
Council.  Recd-  also,  for  concurrence  in  the  reference,  the  following,  to 
wit,  "  An  act  altering  the  time  of  holding  the  sessions  of  the  County 
Courts  in  the  Counties  of  Orleans,  Caledonia  and  Essex,"  with  an  order 
of  reference  thereon  to  one  member  of  the  House,  from  each  of  said 
Counties,  to  join  from  Council ; — Whereupon,  Resolved  to  concur  in  said 
order  of  reference,  and  Mr-  Deming  was  appointed  from  Council. 

The  House  sent  up  for  revision  &c-  an  engrossed  bill,  entitled  "»An 
act  in  addition  to  and  alteration  of  an  act,  entitled  '  an  act  appointing  no- 
taries public  and  declaring  their  office  and  duty,' "  which  was  read,  and 
amended  by  striking  out  the  words  "  in  addition  to  those  now  by  law  ap- 
pointed." Whereupon,  Resolved  to  concur  in  passing  said  bill,  as  amended, 
and  Mr  Davis  was  appointed  to  prepare  reasons  for  such  amendment, 
who  reports  the  following,  to  wit,  "  That  the  bill,  as  passed  by  the  Gene- 
ral Assembly,  provides  for  the  appointment  of  more  notaries  than  are 
necessary  to  transact  the  business  required  of  them,"  which  reasons 
were  adopted,  and  it  was  Ordered  that  the  Secretary  inform  the  House 
of  the  concurrence  of  the  Governor  and  Council  in  passing  said  bill  as 
amended,  and  return  the  same  to  the  House  with  the  amendment  and 
reasons  aforesaid. 

The  resolution,  which  was,  on  the  3d  instant,  laid  on  the  table,  request- 
ing the  judges  of  the  Supreme  Court  "  not  to  preside  in  any  County 
Court,  within  and  for  the  County  in  which  they  have  usually  resided,  or 
in  which  they  did  reside  at  the  time  of  their  election  to  their  respective 
offices,"  was  taken  up,  and,  on  motion  of  Mr-  Pierpoint,  it  was  Resolved 
not  to  concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary 
inform  the  House  of  such  non-concurrence. 

Recd-  from  the  House,  for  revision  &c-  an  engrossed  bill,  entitled  "  An 
act  extending  the  time  and  continuing  in  force,  for  a  limited  period,  '  an 


424  Governor  and  Council — November  1830. 

act  to  incorporate  the  President,  Directors  &  Company  of  the  Bank  of 
Windsor'  ";  Which  was  read; — Whereupon,  Resolved  to  concur  in  pass- 
ing said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "  An 
act  extending  the  time  and  continuing  in  force,  for  a  limited  period,  ;  an 
act  to  incorporate  the  President,  Directors  &  Company  of  the  Bank  of 
Burlington'";  Which  was  read; — Whereupon,  Resolved  to  concur  in 
passing  said  bill,  &  Ordered  that  the  Secretary  inform  the  House  of  the 
concurrence  in  passing  the  two  last  mentioned  bills.  Adjourned  to  9 
o'clock,  tomorrow  morning. 


Saturday  Nov.  6, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence,  the  following  resolution,  to  wit,  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  General 
Committee  be  instructed  to  inquire  into  the  expediency  of  reducing  the 
fees  of  Sheriffs  and  Constables,  and  report  by  bill  or  otherwise;"  which 
was  read; — Whereupon,  Resolved  to  concur  in  passing  said  resolution. 
Recd-  also,  for  concurrence,  the  following  resolution,  to  wit,  "  Resolved, 
the  Governor  and  Council  concurring  herein,  that  so  much  of  His  Ex- 
cellency's speech  as  relates  to  the  improvement  of  roads  and  other  means 
of  communication  within  this  State,  and  the  subjects  connected  there- 
with, be  referred  to  the  committee  on  roads  and  canals;"  which  was  read; 
— Whereupon,  Besolved  to  concur  in  passing  said  resolution.  Recd-  for 
concurrence  in  the  reference,  the  following,  to  wit,  "  An  act  relating  to 
the  judiciary,"  and  ."  An  act  constituting  a  new  county  by  the  name 
of  Manchester;"  with  an  order  of  reference  on  each  to  the  judiciary 
committee; — Recd-  also,  "  An  act  in  addition  to  'an  act,  incorporating 
certain  persons  therein  named,  by  the  name  of  the  Montpelier  Fire  Com- 
pany,' "  with  an  order  of  reference  thereon  to  the  Committee  raised  on 
the  bill  incorporating  the  Danville  Fire  Society;— Whereupon,  Resolved 
to  concur  in  said  several  orders  of  reference. 

The  House  sent  up  for  revision  &c-  an  engrossed  bill,  entitled  "An 
act  in  addition  to  an  act,  entitled  '  an  act  for  the  relief  of  Jefferson  Scott, 
Lemuel  Scott  and  Wait  Scott,'"  which  was  read;— Whereupon  Resolved 
to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act  altering  the  names  of  certain  persons  therein 
mentioned,"  which  was  read  ;  Whereupon  Resolved  to  concur  in  passing 
said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
laying  a  tax  on  the  lands  in  Franklin,"  which  was  read  ;  Whereupon, 
Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an 
engrossed  bill,  entitled  "An  act  laying  a  tax  on  the  lands  in  Newark," 
which  was  read; — Whereupon  Resolved  to  concur  in  passing  said  bill. 
Ordered  that  the  Secretary  inform  the  House  of  the  concurrence  of  the 
Governor  &  Council  in  the  passage  of  the  four  bills  last  mentioned. 

Mr.  Davis  moved  the  reconsideration  of  the  vote  of  the  25th  Oct.  ult°- 
dismissing  the  petition  of  Daniel  Sartwell,  a  convict  in  the  State  prison, 
and  the  said  motion  having  been  put,  it  was  determined  in  the  negative. 

The  petition  of  Jonathan  E.  Love,  a  convict  in  the  State  prison,  was 
taken  up,  and  the  question  "  Shall  the  said  Jonathan  E.  Love  be  dis- 
charged from  the  State  prison  ?"  was  put  and  determined  in  the  affirm- 
ative. Yeas  8.  Nays  2.  Those,  who  voted  in  the  affirmative,  were, 
The  Lieutenant  Governor,  Messrs.  Allen,  Clark  of  Bennington  County, 
Clark  of  Windham  County,  Davis,  Deming,  Janes  and  Worthington. 
Those,  who  voted  in  the  negative,  were  Messrs.  Harris  and  Pierpoint. 

The  resolution,  fixing  a  time  for  the  adjournment  of  the  Legislature 
without  day,  which  was  yesterday  laid  on  the  table,  was  taken  up,  and 


Governor  and  Council — November  1830.  425 

amended  by  striking  out  the  word  "Wednesday,"  and  inserting,  in  lieu 
thereof,  the  word  "Thursday,"  Whereupon,  Resolved  to  concur  in  passing 
said  resolution,  as  amended  ;  r—  Ordered  that  the  Secretary  inform  the 
House  of  such  amendment  and  concurrence. 

The  petition  of  Stewart  Rutledge,  a  convict  in  the  State  prison,  was 
taken  up  and  Ordered  to  be  dismissed.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up,  for  concurrence  in  the  reference,  the 
following,  to  wit,  "  Report  of  the  Commissioners  appointed  agreeably  to 
the  act  for  the  benefit  of  the  deaf  &  dumb  "  ;— and  "  An  act  in  addition 
to  and  in  alteration  of  an  act  entitled  'an  act  laying  duties  on  licenses 
for  selling  wines  and  foreign  distilled  spirituous  liquors,'  passed  Nov. 
11.  1802,"  with  an  order  of  reference  on  each  to  the  Committee  of  Ways 
and  Means  ;  —  Also,  "An  act  granting  further  time  to  Eden  to  complete 
a  road  in  said  town,"  with  an  order  of  reference  thereon  to  the  Committee 
on  roads  &  canals  ;  also,  The  petition  of  John  Lakin  and  others  ;  with 
an  order  of  reference  thereon  to  the  Committee  of  Manufactures  ;  also, 
The  remonstrance  of  sundry  inhabitants  of  Fairfax,  with  an  order  of 
reference  thereon  to  the  Committee  raised  on  the  petition  of  Aaron  S. 
Beeman  and  others  ;  —  Whereupon  Besolved  to  concur  in  said  several 
orders  of  reference. 

The  House  sent  up  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act 
to  incorporate  certain  persons  therein  named  by  the  name  of  the  Dan- 
ville Fire  Society,"  which  was  read  ; — Whereupon  Besolved  to  concur  in 
passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled 
"  An  act  altering  the  name  of  Vineyard  to  that  of  Isle  la  Mott,"  which 
was  read  ;  Whereupon  Besolved  to  concur  in  passing  said  bill.  Recd 
also,  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  incorporating 
the  Manchester  South  Village  Fire  Company,"  which  was  read  ; — 
Whereupon  Besolved  to  concur  in  passing  said  bill.  Ordered  that  the 
Sec'y-  inform  the  House  of  the  concurrence  in  passing  the  sd-  three  last 
mentioned  bills.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled 
"  An  act  in  relation  to  imprisonment  for  debt,"  which  was  read  and 
amended  by  striking  out  the  word  "  County"  in  the  sixth  line,  and  bv 
striking  out  the  word  "  four"  in  the  eighth  line,  and  inserting,  in  lieu 
thereof,  the  word  "  two,"  and  by  striking  out  the  words  "  provided  by 
law  for  poor  debtors  in  jail,"  and  inserting,  in  lieu  thereof,  the  words 
"  named  in  the  second  section  of  this  act,"  and  by  adding  to  the  bill,  the 
following,  to  wit,  "  Section  2d-  It  is  hereby  further  enacted,  that  the  oath 
to  be  administered  to  such  debtors  shall  be  in  the  form  following,  to  wit, 
You  solemnly,  sincerely  and  truly  swear  (or  affirm)  without  evasion, 
equivocation  or  mental  reservation,  that  you  have  not  any  estate,  real 
or  personal,  except  one  cow,  one  swine  or  the  meat  of  one  swine,  ten 
cords  of  fire  wood,  five  bushels  of  grain,  twenty  bushels  of  potatoes,  ten 
sheep  and  one  year's  product  of  said  sheep,  and  forage  sufficient  for  the 
keeping  of  your  cow  and  sheep  through  the  present  or  ensuing  winter, 
(as  the  case  may  be,)  and  such  suitable  apparel,  bedding,  tools  and  house- 
hold furniture,  as  may  be  necessary  for  upholding  life,  and  such  military 
arms  and  equipments,  as  it  is  your  duty,  by  law,  to  furnish,  in  possession, 
remainder  or  reversion,  to  the  value  of  twenty  dollars  in  the  whole,  nor 
sufficient  to  pay  the  debt,  damages  and  costs,  for  which  judgment  has 
been  rendered  against  you,  and  that  you  have  not  directly  or  indirectly 
disposed  of  all  or  any  part  of  your  estate  to  defraud  or  deceive  any  of 
your  just  creditors — So  help  you  God,  (or  in  case  of  affirmation)  under 
the  pains  and  penalties  of  perjury."  Whereupon  Besolved  to  concur  in, 
passing  said  bill,  as  amended,  and  Mr-  Deming  was  appointed  to  inform 


426  Governor  and  Council — November  1830. 

the  House  of  such  amendments  and  concurrence  and  assign  reasons  for 
said  amendments  to  that  body. 
Adjourned  to  9  o'clock  Monday  morning. 


Monday  Nov.  8, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The  House 
sent  up,  for  concurrence,  the  following  resolution,  to  wit,  "Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  General  Committee 
be  instructed  to  inquire  into  the  expediency  of  providing  bylaw,  for  tax- 
ing turnpike  stock  within  this  State,  and  report  by  bill  or  otherwise," 
which  was  read  ;— Whereupon  Resolved  to  concur  in  passing  said  reso- 
lution. Recd-  also,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Gen- 
eral Committee  be  directed  to  inquire  into  the  expediency  of  repealing 
the  law,  which  makes  a  distinction  between  freeholders  and  non-free- 
holders in  relation  to  town  officers,  passed  Feb.  28. 1797,  and  report  by 
bill  or  otherwise,"  which  was  read;  Whereupon  Resolved  to  concur  in 
passing  said  resolution.  Recd-  also  for  concurrence,  the  following  reso- 
lution, to  wit,  "  Resolved,  the  Governor  and  Council  concurring  herein, 
that  the  judiciary  Committee  be  directed  to  enquire  into  the  expediency 
of  so  altering  the  law,  as  to  tax  bank  stock,  whether  the  same  be  in  the 
banks  in  this  state,  or  in  the  banks  of  other  stales,  and  report  by  bill  or 
otherwise,"  which  was  read  ;  Whereupon  Resolved  to  concur  in  passing 
said  resolution.  Recd-  also,  for  concurrence,  the  following  resolution,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
Secretary  of  State  be  directed  to  distribute  to  each  organized  town  in 
this  state  one  copy  of  the  reports  of  the  Supreme  Court  for  each  year, 
including  those  for  past  years,  which  may  be  on  hand  in  his  office," 
which  was  read,  and  Ordered  to  lie  on  the  table.  Recd-  also,  for  concur- 
rence, the  following  resolution,  to  wit,  "Resolved,  the  Governor  and 
Council  concurring  herein,  that  his  Excellency  the  Governor,  be  and  he 
is  hereby  authorized  to  open  a  correspondence  with  the  Executive  of  the 
State  of  New  Hampshire,  on  the  subject  of  the  boundary  line  between 
this  State  and  New  Hampshire,  and  to  adopt  such  measures,  in  conjunc- 
tion with  the  Executive  of  New  Hampshire,  as  he  may  deem  expedient, 
in  order  to  ascertain  the  true  line  between  the  two  States;  and  that,  for 
this  purpose  he  is  empowered  to  appoint  a  commissioner  or  commission- 
ers to  meet  a  commissioner  or  commissioners,  who  may  be  appointed  on 
the  part  of  New  Hampshire,  to  ascertain  and  agree  upon  said  line;  and 
the  line,  which  shall  be  agreed  upon  by  the  commissioners,  so  appointed, 
when  ratified  by  the  Governments  of  Vermont  and  New  Hampshire, 
shall  be  and  remain  the  boundary  line  between  the  two  States;"  Which 
was  read, — Whereupon,  Resolved  to  concur  in  passing  said  resolution, 
and  Ordered  that  the  Secretary  inform  the  House  of  such  concurrence. 

The  House  sent  up,  for  concurrence  in  the  reference,  the  following,  to 
wit,  "An  act  in  addition  to  an  act  entitled  kan  act  directing  the  mode  of 
taking  inquisition  on  the  body  of  a  person  found  dead  by  casualty  or 
violence ' "  ;  "An  act  regulating  the  Competency  of  Witnesses  "  ;  "An 
act  for  the  relief  of  bail  in  certain  cases  "  ;  "An  act  in  addition  to  an  act, 
entitled  '  an  act  constituting  a  Court  of  Chancery ' "  ;  "An  act  in  addition 
to  an  act,  entitled  '  an  act  directing  the  proceedings  against  the  trustees 
of  concealed  or  absconding  debtors,  and  the  several  acts  in  addition 
thereto ' "  ;  and  "An  act  in  addition  to  an  act,  entitled  '  an  act  relating  to 
jails  and  jailers,'"  with  an  order  of  reference  on  each  to  the  judiciary 
Committee  ;  Also,  "An  act  granting  to  the  town  of  Bethel  further  time 


Governor  and  Council — November  1830.  427 

to  complete  a  road,"  with  an  order  of  reference  thereon  to  the  Committee 
on  roads  and  canals  ;  Whereupon  Resolved  to  concur  in  said  several 
orders  of  reference. 

Recd-  from  the  House  for  revision  &c-  an  engrossed  bill,  entitled  "  An 
act  in  addition  to  an  act  entitled  'an  act  against  disturbing  the  remains 
of  the  dead,'  "  Which  was  read  ;  Whereupon  Resolved  to  concur  in  pass- 
ing said  bill,  and  Ordered  that  the  Secretary  inform  the  House  of  such 
concurrence.        Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  House  sent  up,  for  concurrence  in  passing,  the  following 
resolution,  to  wit,  u  Resolved,  the  Governor  and  Council  concurring 
herein,  that  a  committee  of  two  members  of  the  House  be  appointed,  to 
join  from  Council,  to  ascertain  the  expense  of  conveying  the  remains  of 
Schuyler  Murdock  Esqr-  deceased,  from  the  seat  of  Government  to  his 
late  residence  in  Whitingham,  and  ascertain  the  amount  of  his  deben- 
ture, and  report  by  bill  or  otherwise,"  Which  was  read  ;  —  Whereupon 
Resolved  to  concur  in  passing  said  resolution,  and  Mr-  Clark  of  Windham 
County  was  appointed  from  Council.1 

Recd-  for  concurrence  in  the  reference,  the  following,  to  wit,  "  An  act 
extending  the  limits  of  jails,"  with  an  order  of  reference  thereon  to  a 
committee  of  four  members  of  the  House  of  representatives,  to  join  from 
Council,  Whereupon,  Resolved  to  concur  in  said  order  of  reference  and 
Mr-  Janes  was  appointed  from  Council. 

Mr-  Brown  of  Worcester,  from  the  House  of  representatives,  appeared 
in  the  Council  Chamber  and  informed  that  Robert  B.  Bates,  Speaker  of 
the  House  of  Representatives,  had  obtained  leave  of  absence,  and  that 
John  Kellogg,  Esqr-  had  been  elected  to  filll  the  office  for  the  remainder 
of  the  session. 

Resolved,  that  His  Excellency  be  requested  to  appoint  Friday,  the  15th- 
day  of  April  next,  to  be  observed  as  a  day  of  public  fasting,  humiliation 
and  prayer,  throughout  this  state. 

The  Governor  and  Council  appointed  Azel  Spaulding,  Esqr-  Librarian, 
and  Joseph  Howes,  Esqr-  Surveyor  of  public  buildings,  for  the  year  en- 
suing.    Adjourned  to  9  o'clock  tomorrow  morning. 


Tuesday  Nov.  9,  1830.  9  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up,  for  concurrence,  the  following  resolution,  to  wit,  u  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  both  Houses 
meet  in  the  representatives'  room  on  Tuesday  next,  at  10  o'clock  fore- 
noon, for  the  purpose  of  electing  a  Brigadier  General  of  the  2d-  Brigade, 
and  2d-  division,  to  fill  the  vacancy  occasioned  by  the  resignation  of 
Brig.  Gen1-  John  Kellogg,"— Which  was  read;— Whereupon,  Resolved  to 
concur  in  passing  said  resolution,  and  Ordered  that  the  Secretary  inform 
the  House  of  such  concurrence. 


1  Mr.  Murdock,  representative  of  Whitingham,  had  indicated  evidence 
of  a  disordered  mind  on  his  way  to  attend  the  legislature,  and  during 
the  session  he  grew  worse  and  worse,  his  disease  doubtless  being  inten- 
sified by  the  debate  on  the  case  of  Doct.  Cleaveland's  application  to  be 
relieved  from  a  sentence  of  death.  Mr.  Murdock  conceived  that  he 
was  himself  to  be  executed,  and  to  escape  that  terrible  fate  he  committed 
suicide. 


428  Governor  and  Council — November  1830. 

Recd«  a  written  communication  from  the  Speaker  of  the  House  of  rep- 
resentatives, informing  that  the  House  had  concurred  in  the  amend- 
ments proposed  by  the  Governor  and  Council  to  the  bill,  entitled  "  An 
act  in  relation  to  imprisonment  for  debt,"  and  also  in  the  amendments 
proposed  by  the  Governor  and  Council  to  the  bill,  entitled  "  An  act  in 
addition  to  and  alteration  of  an  act  entitled  '  an  act  appointing  notaries 
public  and  declaring  their  office  and  duty,' "  and  also,  in  the  resolution 
as  amended,  fixing  a  time  for  the  adjournment  of  both  Houses  of  the 
Legislature. — Which  was  read. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  to  repeal  an 
act  therein  mentioned,"  Which  was  read,  Whereupon,  Resolved  to  con- 
cur in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill, 
entitled  "An  act  in  addition  to  '  an  act  relating  to  weights  and  measures,' 
passed  March  8.  1797," — Which  was  read;— Whereupon,  Besolved  to  con- 
cur in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill, 
entitled  "An  act,  repealing  an  act  entitled  '  an  act  taxing  agents  of  for- 
eign fire  insurance  companies'";  Which  was  read; — Whereupon,  Be- 
solved to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c*  an  en- 
grossed bill,  entitled  "  An  act  altering  the  name  of  the  town  of  Mine- 
head,"  which  was  read; — Whereupon,  Resolved  to  concur  in  passing  said 
bill.  Recd-  also,  for  revision,  &c-  an  engrossed  bill,  entitled  "  An  act 
granting  to  Samuel  Warner  the  right  of  keeping  a  ferry," — Which  was 
read; — Whereupon,  Resolved  to  concur  in  passing  said  bill.  Rec**  also, 
for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  laying  a  tax  on  the 
County  of  Franklin,"  Which  was  read; — Whereupon,  Resolved  to  concur 
in  passing  said  bill.  Ordered  that  the  Secretary  inform  the  House  of  the 
concurrence  of  the  Governor  and  Council  in  passing  the  six  bills  last 
mentioned. 

Mr-  Harris  introduced  the  following  resolution,  to  wit,  *  Resolved, 
the  General  Assembly  concurring  herein,  that  our  Senators  and  repre- 
sentatives in  Congress  be  requested  to  use  their  influence  in  procuring 
a  survey,  by  the  United  States  Corps  of  Engineers,  of  the  most  eligible 
route  for  a  rail  road  from  the  Seaboard  at  Boston,  Massachusetts,  to  Og- 
densburgh  in  the  State  of  New  York,"  which  was  read  &  passed  and 
ordered  to  be  sent  to  the  General  Assembly  for  their  concurrence. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  extending  the 
jurisdiction  of  Constables,"  which  was  read; — Whereupon,  Resolved  not 
to  concur  in  passing  said  bill,  and  Mr-  Pierpoint  was  appointed  to  report 
reasons  for  such  non-concurrence. 

The  resolution  yesterday  laid  on  the  table,  providing  for  distribution 
of  the  reports  of  the  Sup.  Court,  was  taken  up;  Whereupon,  Resolved 
not  to  concur  &  ordered  that  the  Secy-  inform  the  House  of  such  non- 
concurrence.     Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M. —  The  Governor  and  Council  met  agreeably  to  ad- 
journment. Mr.  Pierpoint,  who  was  appointed  for  that  purpose,  re- 
ported the  following  reasons  for  non-concurring  in  passing  the  bill, 
entitled  "An  act  extending  the  jurisdiction  of  Constables,"  to  wit,  "1. 
The  Governor  and  Council  believe  it  inexpedient  to  create  a  large 
number  of  County  officers,  over  whom  the  County  have  no  control.  2d- 
The  Governor  and  Council  believe  that  if  the  bill  should  become  a  law, 
it  would  take  from  the  Constables  in  small  towns,  a  great  portion  of  the 
profits  now  derived  from  serving  writs  &  executions  and  give  it  to  the 
constables  in  large  towns  and  thereby  render  that  office  in  small  towns 
a  great  burden,"  Which  were  adopted,  and  it  was  Ordered  that  the  Sec- 
retary return  said  bill  to  the  House  with  the  reasons  aforesaid. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act,  directing  the 
Treasurer  to  pay  Jeremiah  Boynton  the  sum  therein  mentioned " ; 


Governor  and  Council — November  1830.  429 

which  was  read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  directing 
the  Treasurer  to  pay  John  Chaffee  the  sum  therein  mentioned  "  ; 
Which  was  read  ;  Whereupon  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c.  an  engrossed  bill,  entitled  "An  act,  directing 
the  Treasurer  to  pay  Thomas  Jameson  the  sum  therein  mentioned"; 
Which  was  read  ;  —  Whereupon  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act,  directing 
the  Treasurer  to  pay  Joseph  Howes  the  sum  therein  mentioned  "  ;  — 
Which  was  read  ;  —  Whereupon  Resolved  to  concur  in  passing  said  bill. 
Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  appointing 
a  committee  to  set  off  lands  in  Northfield"  ;  Which  was  read  ;  —  Where- 
upon Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c- 
an  engrossed  bill,  entitled  "An  act  in  addition  to  an  act,  entitled  '  an  act 
in  addition  to  an  act,  entitled  '  an  act  constituting  the  Supreme  Court  of 
judicature  and  County  Courts,  defining  their  powers  and  regulating 
judicial  proceedings,' "  Which  was  read  ;  —  Whereupon,  Resolved  to 
concur  in  passing  said  bill.  Ordered  that  the  Secretary  inform  the 
House  of  the  concurrence  in  passing  the  six  last  mentioned  bills. 
Adjourned  to  9  o'clock  to-morrow  morning. 


Wednesday  Nov.  10, 1830.    9  o'clock  A.  M. 

The  Governor  and  Council  met  agreeably  to  adjournment.  The 
House  sent  up  for  concurrence  the  following  resolution,  to  wit,  "  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  State's 
Attorney  for  the  County  of  Caledonia  be,  and  he  is  hereby,  directed  and 
instructed,  at  the  Supreme  or  County  Court,  next  to  be  holden  in  and 
for  the  County  of  Caledonia,  to  cause  process  to  be  instituted  to  ascer- 
tain by  what  right  the  Passumpsic  Turnpike  Company  exercise  any 
right  over  the  roads  in  the  aforesaid  towns,*  or  by  what  right  they  keep 
a  gate  on  said  road,  or  take  and  receive  toll,  and  to  prosecute  the  same 
until  final  adjudication  by  said  Court  upon  said  claim  or  right"  ;  which 
was  read,  Whereupon,  Resolved  to  concur  in  passing  said  resolution,  & 
Ordered  that  the  Secretary  inform  the  House  of  such  concurrence. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  regulating 
and  licensing  victualling  houses,"  which  was  read,  Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act,  directing  the  Treasurer  of  this  state  to  credit  the 
towns  of  Mount  Tabor,  Morgan,  Belvidere  and  Baltimore  the  amount  of 
the  state  tax  assessed  on  said  towns  for  the  year  1829,"  ;  which  was 
read  ;  Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd-  also,  m 
for  revision  &c-  an  engrossed  bill,  entitled  "An  act  directing  the  Treasu-" 
rer  to  pay  the  board  of  Commissioners  for  the  benefit  of  the  deaf  and  dumb, 
the  sums  therein  mentioned  "  ;  Which  was  read; — Whereupon,  Resolved 
to  concur  in  passing  said  bill.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act  in  addition  to  an  act  entitled  '  an  act  relating  to  the 
bridges  in  the  several  towns  in  this  State ' n ;  —  Which  was  read  ;  — 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for 
revision  &c-  an  engrossed  bill,  entitled  "An  act  laying  a  tax  on  the  lands 
in  Westfield  "  ;  —  which  was  read  ;  —  Whereupon,  Resolved  to  concur  in 
passing  said  bill.  Ordered  that  the  Secretary  inform  the  House  of  the 
concurrence  of  the  Governor  and  Council  in  passing  the  five  bills  last 
mentioned. 

*  Barnet  and  Ryegate.  See  [printed]  Clerk's  journals  of  Gen1-  Assem- 
bly, page  179. 


480  Governor  and  Council — November  1830. 

The  petition  of  Elnathan  Darling  and  Robert  B.  Bates  for  the  pardon  of 
Josiah  Simms,  jr.,  who  was  convicted  of  the  crime  of  counterfeiting,  at 
the  January  term  of  the  Supreme  Court  1825,  in  the  County  of  Addison, 
and  sentenced  by  said  Court  to  the  State  prison  for  the  term  of  seven 
years,  and  who  was  discharged,  in  Oct.  1828,  by  the  Governor  and  Coun- 
cil, for  the  residue  of  his  imprisonment,  was  taken  up,  and  a  pardon 
granted  said  Simms  ;  (which  was  issued  same  day.)  Yeas  11.  Nays  0. 
Those  who  voted  in  the  affirmative,  were  the  Lieut.  Governor,  Messrs. 
Allen,  Clark  of  Bennington  County,  Clark  of  Windham  County,  Davis, 
Deming,  Harris,  Hunter,  Janes,  Pierpoint  &  Worthington. 

Adjourned  to  2  o'clock  P.  M. 

2  o'clock  P.  M.— The  Governor  and  Council  met  agreeably  to  ad- 
journment. The  engrossed  bill,  entitled  "  An  act  extending  the  juris- 
diction of  Constables,"  in  the  passage  of  which  the  Governor  and  Council 
had  resolved  not  to  concur,  was  returned  by  the  House,  that  body  having 
again  passed  said  bill,  and  said  bill  was  amended  by  the  Governor  and 
Council,  by  striking  out  the  word  "  next,"  and  inserting,  in  lieu  thereof, 
the  words  "  one  thousand  eight  hundred  and  fifty  " — Whereupon,  Resolved 
to  concur  in  passing  said  bill,  as  amended,  and  Mr-  Pierpoint  was  ap- 
pointed to  assign  reasons  for  said  amendment  to  the  House  of  Represent- 
atives. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  laying  a  tax 
on  the  lands  in  Eden,"  which  was  read,  Whereupon,  Resolved  not  to  con- 
cur in  passing  said  bill,  and  Mr-  Allen  was  appointed  to  prepare  and 
report  reasons  for  such  non-concurrence,  and  he  reported  the  following, 
to  wit,  "  The  lands  in  Eden  have  been  so  recently  very  heavily  taxed,  it 
is  thought  improper  to  tax  them  again  so  soon,"  Which  were  adopted, 
and  it  was  Ordered  that  the  Secretary  return  said  bill  to  the  House,  with 
the  reasons  aforesaid.  Rec  d  for  revision  &c-  an  engrossed  bill,  entitled 
"An  act  to  enable  the  Trustees  under  the  will  of  James  Perkins  to  con- 
vey certain  real  estate;"  Which  was  read; — Whereupon,  Resolved  to  con- 
cur in  passing  said  bill,  &  Ordered  that  the  Secy-  inform  the  House 
thereof.  Recd-  also,  for  revision,  &c-  an  engrossed  bill,  entitled  "An  act 
in  addition  to  an  act,  entitled  '  an  act  constituting  a  Court  of  Chancery'  "; 
Which  was  read; — Whereupon,  Resolved  to  concur  in  passing  said  bill,  & 
Ordered  that  the  Sec?-  inform  the  House  thereof.  Recd-  also,  for  revis- 
ion &c-  an  engrossed  bill,  entitled  "An  act  directing  the  Treasurer  of  this 
State  to  pay  the  administrator  of  the  estate  of  Schuyler  Murdock,  the 
sum  therein  mentioned"; — Which  was  read; — Whereupon,  Resolved  to 
concur  in  passing  said  bill,  &  Ordered  that  the  Secy-  inform  the  House 
thereof.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
in  addition  to  and  alteration  of  an  act,  entitled  '  an  act  regulating  the  in- 
spection of  beef  and  pork,'  passed  Oct.  21.  A.  D.  1823,"  Which  was  read; 
— Whereupon,  Resolved  to  concur  in  passing  said  bill,  &  ordered  that  the 
Secy-  inform  the  House  thereof.  Recd-  also,  for  revision  &c-  an  engrossed 
bill,  entitled  "An  act  in  addition  to  an  act  incorporating  certain  persons 
therein  named  by  the  name  of  the  Montpelier  Fire  Society;"  Which 
was  read; — Whereupon,  Resolved  to  concur  in  passing  said  bill,  &  Or- 
dered that  the  Secy-  inform  the  House  thereof.  Recd-  for  revision  &c- 
an  engrossed  bill,  entitled  "An  act  granting  to' the  town  of  Bethel  fur- 
ther time  to  complete  a  road  "; — Which  was  read; — Whereupon,  Resolved 
to  concur  in  passing  said  bill,  &  ordered  that  the  Secy-  inform  the  House 
thereof. 

Recd-  a  message  from  the  House  of  Representatives,  by  Mr-  Sprague, 
one  of  its  members,  informing  that  that  body  had  resolved  not  to  concur 
in  the  amendments  proposed  by  the  Governor  and  Council  to  the  bill, 


Governor  and  Council — November  1830.  431 

entitled  "An  act  extending  the  jurisdiction  of  Constables  "  ;  and  Mr- 
Sprague  assigned  the  reasons  of  the  House  for  such  non  concurrence. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  relating  to 
duties  on  licenses  to  retailers  and  innkeepers "  ;  which  was  read  ;  — 
Whereupon  Resolved  to  concur  in  passing  said  bill.  Recd-  also,  for 
revision  &c-  an  engrossed  bill,  entitled  "An  act  in  addition  to  an  act 
entitled  'an  act  directing  the  proceedings  against  the  trustees  of  concealed 
or  absconding  debtors,'  and  the  several  acts  in  addition  thereto,"  — 
Which  was  read  ;  Whereupon  Resolved  to  concur  in  passing  said  bill. 
Ordered  that  the  Secretary  inform  the  House  of  the  concurrence  of 
the  Governor  and  Council  in  the  passage  of  the  two  bills  last  mentioned. 

Recd-  from  the  House,  the  following  resolution,  for  concurrence,  to 
wit,  "  Resolved,  the  Governor  and  Council  concurring  herein,  that  the 
Librarian  be  directed  to  exchange,  if  practicable,  a  sufficient  number  of 
Vermont  reports,  Volumes  1st-  &  2d-  to  furnish  the  State  library  with 
five  copies  of  all  the  previous  reports,  as  directed  by  a  resolution  of  the 
Legislature,  passed  the  present  session  "  ;  Which  was  read  ;  —  Where- 
upon, Resolved  to  concur  in  passing  said  resolution  ;  &  Ordered  that  the 
Secretary  inform  the  House  of  such  concurrence. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  in  addition 
to  an  act  entitled  '  an  act,  directing  the  mode  of  taking  inquisition  on 
the  body  of  a  person  found  dead  by  casualty  or  violence' ";  —  Which  was 
read  ;  —  Whereupon,  Resolved  to  concur  in  passing  said  bill,  &  Ordered 
that  the  Secretary  inform  the  House  of  such  concurrence. 

The  House  sent  up,  for  concurrence,  the  following  resolution,  to  wit, 
"  Resolved,  the  Governor  and  Council  concurring  herein,  that  the  Com- 
missioners, appointed  under  the  act  for  the  benefit  of  the  deaf  and  dumb, 
be  directed,  in  cases  of  extreme  poverty,  to  admit  applicants  to  the 
American  Asylum,  without  requiring  bonds  to  indemnify  the  state 
against  expenses  that  may  accrue  in  consequence  of  the  sickness,  cloth- 
ing or  transportation  of  the  beneficiaries  ; "  Which  was  read  ;  Where- 
upon, Resolved  to  concur  in  passing  said  resolution,  &  Ordered  that  the 
Secretary  inform  the  House  of  such  concurrence. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  assessing  a 
tax  for  the  support  of  Government";  Which  was  read  ;  — Whereupon, 
Resolved  to  concur  in  passing  said  bill.  Recd«  also,  for  revision  &c-  an 
engrossed  bill,  entitled  "An  act  making  appropriations  for  the  support 
of  Government "  ;  —  Which  was  read  ;  —  Whereupon,  Resolved  to  concur 
in  passing  said  bill.  Ordered  that  the  Secretary  inform  the  House  of  the 
concurrence  of  the  Governor  and  Council  in  the  passage  of  the  two  bills 
last  mentioned. 

The  engrossed  bill,  entitled  "An  act  extending  the  jurisdiction  of 
Constables,"  which  had  been  returned  from  the  House  with  their  non- 
concurrence  in  the  amendments,  proposed  by  the  Governor  and  Council, 
was  taken  up;  —  Whereupon  Resolved  to  suspend  the  passing  of  said 
bill  until  the  next  session  of  the  Legislature,  &  Ordered  that  the  Secre- 
tary inform  the  House  thereof. 

Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An  act  in  addition  to 
an  act,  entitled  '  an  act  constituting  the  Supreme  Court  of  judicature  and 
County  Courts,  defining  their  powers  and  regulating  judicial  proceed- 
ings'"; Which  was  read: — Whereupon,  Resolved  to  concur  in  passing 
said  bill.  Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "An  act 
in  relation  to  imprisonment  on  Executions  for  Torts;"  Which  was  read; 
Whereupon,  Resolved  to  concur  in  passing  said  bill.  Ordered  that  the 
Secretary  inform  the  House  of  the  concurrence  of  the  Governor  and 
Council  in  the  passage  of  the  two  bills  last  mentioned. 
Mr  Clark,  of  Bennington  County,  introduced  the  following  resolution, 


482  Governor  and  Council — November  1830, 

to  wit,  "  Resolved,  the  General  Assembly  concurring  herein,  that  the 
Adjutant  and  Inspector  General  be  directed  to  distribute  to  each  of  the 
General  and  field  officers  and  brigade  inspectors  of  the  militia  of  this 
state,  one  copy  of  'Abstracts  of  Infantry  tactics';  and  to  each  Captain 
or  commanding  officer  of  artillery,  one  copy  of  '  Abstracts  of  Artillery 
tactics";  and  to  each  Captain  or  commanding  officer  of  infantry  or  rifle- 
men, one  copy  of '  Abstracts  of  infantry  tactics;'  to  be  and  remain  in  the 
hands  of  said  officers,  and  to  be  by  them  transmitted  to  their  successors, 
for  the  use  and  benefit  of  the  Militia  of  this  State;"  Which  was  read  and 
passed  and  ordered  to  be  sent  to  the  General  Assembly  for  concurrence. 
Adjourned  to  £  past  6  o'clock  this  evening. 

£  past  6  o'clock  P.  M. — The  Governor  and  Council  met  pursuant 
to  adjournment.  Recd-  for  revision  &c-  an  engrossed  bill,  entitled  "An 
act  relating  to  roads  and  bridges;" — Which  was  read  and  amended  by 
inserting  after  the  word  "  persons,"  in  the  11th  line  of  the  fifth  section, 
the  following,  to  wit,  "  The  allowance  land,  contained  in  any  lot  or  lots, 
through  which  such  new  road  shall  pass,  and  may  set  over  to  the  owner 
of  such  lot  any  allowance  land  that  may  adjoin  the  same,  in  whole  or  in 
part  satisfaction  of  damages,  and  shall  also  take  into  consideration." 
And  also  by  striking  out  the  whole  of  the  22d-  section; — and  by  adding 
the  following  to  the  27th-  section,  to  wit,  "  except  where  the  appellants 
shall  fail  to  enter  such  appeal,  in  which  case  the  order  or  decree  of  said 
Commissioners  shall  have  the  same  effect  as  though  no  appeal  had  been 
taken,  and  the  Clerk  of  said  Commissioners  shall  issue  said  execution, 
immediately  after  the  rising  of  the  Court,  to  which  said  appeal  shall  have 
been  taken  ";  and  by  adding  to  the  end  of  the  bill  the  following,  to  wit, 
"  And  provided,  also,  that  the  road  Commissioners,  already  appointed, 
shall  hold  their  respective  offices,  as  though  this  act  had  not  been  passed." 
Whereupon.  Resolved  to  concur  in  passing  said  bill,  as  amended,  and  Mr- 
Pierpoint  was  appointed  to  assign  reasons  to  the  House  for  such  amend- 
ment. 

Recd-  also,  for  revision  &c-  an  engrossed  bill,  entitled  "  An  act  grant- 
ing to  the  town  of  Eden  further  time  to  complete  a  road  in  said  town  ;" 
Which  was  read; — Whereupon,  Resolved  to  concur  in  passing  said  bill, 
and  Ordered  that  the  Secretary  inform  the  House  of  such  concurrence. 

Recd-  for  concurrence  the  following  resolutions,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  General  Assembly  do 
not  concur  with  the  General  Assembly  of  the. State  of  Georgia  in  the 
proposal  to  amend  the  Constitution  of  the  United  States  '  so  as  to  pro- 
vide a  uniform  mode  of  electing  the  president  and  vice  president,  with- 
out the  intervention  of  electors';  and  that  the  election  of  president  and 
vice-president  should,  in  no  case,  whatever,  be  submitted  to  the  decision 
of  the  house  of  representatives  of  the  United  States."  "  Resolved,  that 
this  General  Assembly  do  not  concur  with  the  General  Assembly  of  the 
State  of  Louisiana  in  the  proposal  to  amend  the  Constitution  of  the  Uni- 
ted States,  '  so  as  to  extend  the  term  of  office  of  president  and  vice  pres- 
ident to  six  years,  and  to  render  the  president  ineligible  after  the  first 
election.'  "  "  Resolved,  that  the  Governor  of  this  State  be  requested  to 
forward  a  copy  of  the  foregoing  resolutions  to  the  Executive  of  each 
State,  with  a  request  that  they  be  laid  before  their  respective  legisla- 
tures"; Which  were  read; — Whereupon,  Resolved  to  concur  in  passing 
said  resolutions,  and  Ordered  that  the  Secretary  inform  the  House  of 
such  concurrence. 

Recd-  a  written  message  from  the  Speaker  of  the  House  of  represent- 
atives, informing  that  the  House  had  concurred  in  the  joint  resolution 
relative  to  the  distribution  of  Military  Tactics,  Which  was  read. 


Governor  and  Council — November  1830.  433 

Mr-  Pierpoint  moved  the  reconsideration  of  the  vote  of  the  6th*  instant, 
dismissing  the  petition  of  Stewart  Eutledge,  a  convict  in  the  State 
prison,  and  the  question  being  put,  it  was  determined  in  the  negative. 

The  Governer  and  Council  appointed  Revd-  Reuben  Smith,  Jacob 
Collamer  Esqr-  and  Revd'  Willard  Child,  Commissioners  under  the  third 
section  of  an  act,  entitled  "  an  act  in  addition  to,  and  in  amendment  of 
the  several  acts  for  the  purpose  of  founding  the  University  of  Vermont," 
passed  Oct.  30.  1823. 

Recd-  for  concurrence,  the  following  resolution,  to  wit,  "  Resolved,  the 
Governor  and  Council  concurring  herein,  that  the  acts  of  the  last  session 
of  Congress,  deposited  in  the  library,  be  distributed  as  follows,  to  wit, 
To  the  Governor,  one  copy,  to  the  Lieutenant  Governor,  one  copy,  to 
each  State's  attorney  and  each  County  Clerk,  one  copy  ;  to  the  County 
of  Bennington,  thirteen  copies  ;  to  the  County  of  Windham,  sixteen 
copies  ;  to  the  County  of  Rutland,  eighteen  copies  ;  to  the  County  of 
Windsor,  sixteen  copies  ;  to  the  County  of  Addison,  fifteen  copies ;  to 
the  County  of  Orange,  fourteen  copies  ;  to  the  County  of  Chittenden, 
twelve  copies  ;  to  the  County  of  Washington,  twelve  copies  ;  to  the 
County  of  Caledonia,  thirteen  copies  ;  to  the  County  of  Franklin,  twelve 
copies  ;  to  the  County  of  Orleans,  thirteen  copies  ;  to  the  County  of 
Essex,  six  copies  ;  to  the  County  of  Grand  Isle,  five  copies  ;  that  three 
copies  be  deposited  in  the  Secretary  of  State's  office,  and  the  remainder 
in  the  State  library,"  which  was  read  ;  Whereupon,  Resolved  to  concur 
in  passing  said  resolution,  &  Ordered  that  the  Secretary  inform  the 
House  of  such  concurrence. 

Recd*  a  written  communication  from  the  Speaker  of  the  House  of  rep- 
resentatives, informing  that  the  House  had  concurred  in  the  amend- 
ments, proposed  by  the  Governor  and  Council,  to  the  bill,  entitled  M  an 
act  relating  to  roads  and  bridges,"  Which  was  read.  Adjourned  to  6 
o'clock  tomorrow  morning. 


Thursday  Nov.  11, 1830.  6  o'clock  A.  M. 
The  Governor  and  Council  met  agreeably  to  adjournment.  Recd-  a 
message  from  the  House  of  representatives  by  Mr-  Tucker,  one  of  its 
members,  informing  that  the  House  had,  on  their  part,  completed  the 
business  of  the  session,  and  were  ready  to  meet  the  Governor  and  Coun- 
cil for  the  purpose  of  adjourning  the  Legislature  without  day.  Ordered 
that  the  Secretary  inform  the  House  of  representatives  that  the  Gover- 
nor and  Council  will  immediately  attend  in  the  representatives'  room 
for  the  purpose  of  adjourning  the  Legislature  without  day.  The  Gover- 
nor and  Council  attended  in  the  representatives'  room,  agreeably  to  the 
joint  resolution  of  the  two  Houses,  and,  after  a  prayer  by  the  Chaplain, 
the  Sheriff  of  Washington  County,  by  direction  of  His  Excellency,  the 
Governor,  adjourned  the  General  Assembly  without  day.  The  Gover- 
nor and  Council  then  returned  to  their  Chamber  and  adjourned  with- 
out day. 

State  of  Vermont  ss. — The  foregoing,  from  page  249  to  page  322, 
inclusive,  (of  manuscript  Council  Journal,  Vol.  11,)  is  a  true  journal  of 
the  proceedings  of  the  Governor  and  Council,  at  their  annual  session  in 
the  year  1830.  Geo.  B.  Shaw,  Secretary. 


28 


484                Governor  and  Council 

'—November  1830. 

Debenture  of  the  Lieut.  Gov- 
ernor and  Council,  1830. 

No. 
Miles 
Travel. 

Am't 

of 

Travel. 

No. 

days 

Att'nce. 

Am't. 

of 
Att'nce. 

Debenture. 

Job  Lyman 

50 

6.00 

2 

3.00 

9.00 

1>  Gov.  Richards 

92 

11.04 

24 

96.00 

107.04 

Mr-  Allen 

45 

5.40 

28 

42.00 

47.40 

"    Clark  of  B. 

110 

13.20 

29 

43.50 

56.70 

"    Clark  of  W. 

112 

13.44 

29 

43.50 

56.94 

"    Davis 

66 

7.92 

16 

24.00 

31.92 

"    Deming 

30 

3.60 

29 

43.50 

47.10 

"    Harris 

32 

3.84 

29 

43.50 

47.34 

"    Hoyt 

55 

6.60 

22 

33.00 

39.60 

"    Hunter 

60 

7.20 

28 

42.00 

49.20 

"    Janes 

12 

1.44 

28 

42.00 

43.44 

"    Pierpoint 

70 

8.40 

29 

43.50 

51.90 

"    Thompson 

38 

4.56 

19 

28.50 

33.06 

"    Worthington 

1 

12 

29 

43.50 

43.62 

Sheriff  Keith 

1 

12 

29 

43.50 

43.62 

Deputy 

12 

1.44 

29 

43.50 

44.94 

Librarian 

1 

12 

29 

43.50 

43.62 

$796.44 

The  above  was  received  of  the  Treasurer,  by  the  Sheriff  of  Washing- 
ton County,  and  by  him  paid  over  to  the  members  of  the  Council  &c. 

His  Excellency,  the  Governor,  was  pleased  to  appoint  James  Davis, 
Esqr-  agent  to  prepare  and  publish  the  Reports  of  the  Supreme  Court, 
under  the  act  of  29  October  1829,  authorizing  such  appointment. 


APPENDIX  A. 


GOVERNORS'  SPEECHES  TO  THE  LEGISLATURE -1822-1830. 


Speech  of  Gov.  Skinner  — 1822. J 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives  : 

The  evidence  given  by  my  fellow  citizens,  of  their  continued  respect* 
in  electing  me  again  to  the  office  of  Chief  Magistrate  of  the  State,  excites 
in  my  breast  the  liveliest  sense  of  gratitude  ;  and  while  it  encourages  the 
belief,  that  hitherto,  the  discharge  of  the  important  duties  of  the  trust 
has  merited  approbation,  it  reminds  me,  that  repeated  tokens  of  confi- 
dence, demand  increased  exertions  of  faithfulness  and  diligence. 

The  opportunity  with  which  I  have  been  favored,  of  becoming  ac- 
quainted with  the  sentiments  of  gentlemen  who  compose  this  assembly  ; 
having  been  frequently  associated  with  most  of  you,  in  some  of  the 
different  departments  of  the  government  ;  enables  me  to  rely  with  con- 
fidence, upon  your  countenance  and  support,  in  every  proposition,  made 
by  the  Executive,  which  has  for  its  end,  the  advancement  of  the  public 
interest ;  at  the  same  time  affording  satisfactory  evidence,  that  the  inde- 
pendent and  enlightened  opinions  of  the  representatives  of  the  freemen, 
are  duly  appreciated. 

In  assembling  together  upon  an  occasion  like  the  present,  we  are 
naturally  led  to  a  recollection  of  the  events  of  the  past  year ;  and 
although  in  the  dispensation  of  Providence,  there  are  none,  distin- 
guishing^ marked  with  prosperity,  or  adversity,  in  which  we  are  imme- 
diately interested  ;  much  to  the  sober,  considerate  mind,  is  presented, 
which  demands  sincere  acknowledgments  to  the  Supreme  Being ;  and 
that  through  his  gracious  influence,  our  present  labors  may  have  a 
prosperous  result,  it  becomes  us  to  cherish  a  grateful  remembrance  of 
past  favors,  and  in  sincerity,  humbly  implore  Divine  assistance. 

The  short  period  for  which  representatives  hold  their  offices,  and  the 
plenary  powers  with  which  they  are  invested,  was  designed,  by  the 
venerable  framers  of  our  Constitution,  to  secure  to  the  people,  the  power 
of  speedily  abrogating  such  laws  as  were  inexpedient,  or  unjust ;  and 
while  we  possess  this  peculiar  advantage,  that  we  may  practically  avoid 
the  evil  of  frequent  and  injudicious  changes  of  the  public  laws,  against 
which  other  governments  nave  provided,  by  creating  a  co-ordinate  and 
more  permanent  branch  of  legislative  authority  ;  we  ought  to  cultivate 
an  habitual  regard  for  existing  laws,  and  carefully  to  resist  a  natural,  yet 
dangerous,  propensity,  of  magnifying  partial  imperfections,  to  which  all 

1  From  Ms.  Council  Journal,  Vol.  9. 


436  Appendix  A. 

human  institutions  are  unavoidably  subject,  into  unnecessary  and  radical 
defects. 

The  present  period  of  public  tranquility,  is  highly  favorable  to  the 
adoption  of  measures,  calculated  to  promote  the  permanent  interests  of 
the  State.  To  improve  the  means  of  transporting  the  various  commodi- 
ties with  which  the  State  abounds  and  to  facilitate  access  to  the  most 
favourable  markets,  are  objects  of  the  first  importance.  "We  have  wit- 
nessed with  pleasure  the  interest  which  this  subject  has  excited  in  our 
sister  states  ;  and  it  cannot  be  doubted,  that  the  time  is  not  distant, 
when  it  will  claim  the  attention  of  our  own.  Whether  the  period  has 
arrived,  in  which  it  would  be  practicable  to  attempt  anything  beyond 
the  improvement  of  our  roads,  will  be  decided  by  the  discretion  of  the 
legislature.  That  striking  disparity  which  exists  in  the  state  of  the 
roads  in  different  towns,  possessing  equal  means,  and  subjected  to  equal 
obstacles  and  difficulties,  is  evidence  of  a  defect  in  the  law,  or  its  admin- 
istration. I  apprehend  it  will  be  found  upon  examination,  that  the 
statute  of  1820,  applying  a  penalty  imposed  upon  a  town,  for  neglect  in 
making  and  repairing  roads,  to  that  object,  has  produced  no  salutary 
effects  ;  but  has  rather  induced  the  very  neglect  against  which  the  law 
was  designed  to  provide.  Instead  of  stimulating  to  diligence  and  atten- 
tion, from  the  fear  of  punishment,  it  invites  delay  until  the  tardy  process 
of  the  law  shall  compel  them  to  do  that,  and  that  only,  which  was  their 
duty  to  have  performed.  It  is  in  effect  saying,  "  if  you  neglect  to  impose 
this  necessary  tax  upon  yourselves,  it  may,  at  some  future  period,  be 
imposed  upon  you  by  others." 

The  fiscal  concerns  of  a  State,  however  limited  and  inconsiderable, 
require  the  constant  care  and  watchfulness  of  its  guardians.  They 
ought  not  only  to  require,  but  to  obtain,  annually,  information  in  rela- 
tion to  every  source  of  revenue,  as  well  as  the  state  and  condition  of  all 
the  demands  under  the  charge  of  the  various  public  officers  through  the 
government.  Although  retrenchment  cannot  be  deemed  necessary  in 
reference  to  the  present  compensation  allowed  for  specific  services  ; 
which  is  probably  below  that  of  any  other  State  of  equal  rank  :  that  the 
claims  upon  the  Treasury  may  not  be  unnecessarily  augmented,  every 
branch  of  public  expenditure  demands  frequent  examination.  The  ex- 
penses incurred  by  public  prosecutions  constitute  a  principal  source  of 
the  disbursements  made  by  that  department ;  and  it  is  to  be  noticed,  that 
for  many  years,  they  have  much  increased. 

In  a  government  like  ours,  established  upon  the  avowed  principle  of 
securing  equal  privileges,  and  affording  equal  protection  to  all,  justice 
demands  of  those  to  whom  its  administration  is  entrusted,  so  to  provide, 
as  that  the  unsuspecting  and  unfortunate  may  be  secured  against  the 
unjust  exactions  of  the  more  artful  and  fortunate.  The  distinctions 
which  exist  in  other  governments,  arising  from  affluence  and  indigence, 
and  may  there  be  necessary,  to  support  the  deformed  fabrics,  are  alike 
opposed  to  the  safety  of  our  civil  institutions,  and  the  well  being  of 
society.  The  acquisition  of  wealth  by  laudable  industry,  economy  and 
prudence,  merits  approbation  and  encouragement ;  but  laws  providing 
facilities  for  a  few  calculating  greedy  citizens  to  monopolize  that  prop- 
erty, the  product  of  the  toil  and  industry  of  the  more  useful  and  deserv- 
ing, can  never  be  sanctioned  by  the  faithful  and  intelligent  representa- 
tives of  the  people.  These  suggestions  are  made  from  a  conviction,  that 
the  practice  of  exacting  exorbitant  interest  —  a  subject  alluded  to  in 
addressing  the  legislature  last  year,  and  for  which  I  hope  to  be  excused 
in  again  inviting  its  attention — is  becoming  extensively  injurious  to  the 
interests  of  the  great  body  of  the  citizens.  The  amount  of  the  exaction 
is  overlooked  in  the  covert  poison  of  long  credit,  and  illusive  hope,  of 


Appendix  A.  .  437 

good  fortune,  and  better  times  ;  or  submitted  to  from  necessity.  In 
most  governments,  where  the  amount  of  interest  is  at  all  restricted  by 
law,  the  contract,  or  security,  in  which  is  reserved  the  usury,  is  rendered 
void.  Should  any  law  on  the  subject  be  considered  useful,  I  submit^to 
the  General  Assembly,  whether  a  provision  to  that  effect,  would  not 
necessarily  check  the  evil.  So  long  as  the  security  is  not  jeopardized, 
the  usurer  will  not  hesitate  to  make  the  reservation  ;  suspending  on  the 
happening  of  events,  the  ultimate  determination  of  receiving.  It  is 
believed  that  the  existing  penalty  is  inadequate  to  the  object.  Private 
prosecutions  by  the  aggrieved,  or  others,  are  discouraged  by  the  consid- 
eration, that  in  most  cases  the  cost  and  expense  incurred  in,  and  the 
uncertainty  of  the  final  issue  of  the  prosecution,  will  counterbalance  the 
offered  and  unprecedented  low  reward.  Publick  prosecutions  are  rare, 
inasmuch  as  where  no  private  advantage  is  expected,  there  are  few  who 
will,  at  the  .expense  of  the  displeasure  of  a  powerful  class  of  citizens, 
voluntarily  exercise  the  reputedly  invidious  office  of  informer. 

The  natural  effect  produced  by  the  success,  which  of  late  has  attended 
the  petitions  for  the  establishment  of  banks,  is  to  encourage  others  in 
the  pursuit ;  and  the  difficulty  of  resisting  applications,  supported  by 
arguments  which  have  heretofore  been  urged,  with  so  much  skill  and 
efficacy,  is  probably  not  diminished.  The  commercial  concerns  of  the 
State  cannot  require  extensive  banking  institutions.  The  resources  of 
our  husbandmen,  and  their  course  of  business,  are  illy  calculated  to 
meet  the  demand,  and  comply  with  the  necessary  regulations.  An 
opportunity  will  be  afforded  for  investing  that  money,  which  would 
otherwise  remain  in  the  hands  of  many  wealthy  honorable  citizens, 
accessible  to  those  who  will  then  become  the  prey  of  such  as  are  thereby 
enabled  to  increase  the  means  of  usurious  depredations.  The  advan- 
tage ordinarily  derived  to  the  State  at  large,  from  the  augmentation  of 
a  circulating  medium,  which  is  not  the  representative  of  real  wealth,  is 
not  discerned.  The  ruinous  effect  of  multiplying  banks  in  the  interior 
of  our  country,  has  indeed  been  felt,  and  is,  I  believe,  generally  acknowl- 
edged ;  and  1  can  but  hope  that  the  legislature  will  concur  in  the 
opinion,  that  enough  has  already  been  done  to  satisfy  every  requisition, 
emanating  from  an  ingenuous  desire  for  the  public  good. 

The  doubts  which  have  been  entertained  by  many  whose  opinions 
merit  respect,  together  with  the  decision  lately  made  by  the  Circuit 
Court  of  the  United  States,  will  suggest  to  the  General  Assembly  the 
propriety  of  cautiously  providing  for  the  relief  of  the  unfortunate,  who 
are  induced  to  ask  for  acts  of  suspension  and  insolvency,  that  the 
intended  favor  may  not  prove  delusive  to  the  debtor,  or  prejudicial  to 
those  who  have  humanely  furnished  the  requisite  aid,  for  extending  the 
limits  of  their  confinement  beyond  the  walls  of  a  comfortless  prison. 

In  obedience  to  the  direction  of  the  General  Assembly  at  their  last 
session,  a  correspondence  has  been  opened  with  the  Governor  of  Canada, 
on  the  subject  of  the  obstructions  supposed  to  have  been  erected  on  the 
waters  issuing  from  lake  Memphramagog  ;  and  it  is  due  to  that  distin- 
guished public  officer,  to  state,  that  a  prompt  attention  was  given  to  the 
complaint,  and  satisfaction  afforded  to  the  citizens  who  felt  aggrieved. 

The  sincere  attachment  of  this  State  to  the  Government  of  the  Union, 
cannot  fail  to  excite  a  deep  interest  in  the  success  attending  its  admin- 
istration ;  and  it  is  with  pleasure  that  I  am  enabled  to  congratulate  you 
on  the  present  prosperous  state  of  our  national  concerns.  The  general 
anxiety  produced  by  the  depressed  state  of  the  revenue,  has  measurably 
subsided,  by  the  favorable  reports  of  its  augmentation. 

The  success  which  has  attended  the  exertions  of  that  meritorious  class 
of  citizens,  engaged  in  manufactures,  notwithstanding  the  obstacles  and 


438  Appdndix  A. 

difficulties  they  have  encountered,  is  noticed  with  much  satisfaction;  and 
it  is  to  be  hoped,  by  that  encouragement  which  may  reasonably  be  ex- 
pected, our  supplies  and  our  revenue,  which  heretofore  have  rested  upon 
a  precarious  foreign  commerce,  may  be  drawn  from  a  source,  profitable 
to  the  citizen,  and  safe  to  the  government.  An  enlightened  and  enter- 
prising people  cannot  long  be  satisfied  with  a  system  of  regulations,  in 
which  a  favorable  market  for  the  varied  and  principal  productions  of 
every  part  of  the  country,  and  the  different  interests  of  every  class  of 
citizens,  is  not  duly  regarded.  The  good  sense  of  community  will  dis- 
cover, that  the  nominal  price  of  the  wares  in  market,  is  not  so  important 
as  is  the  possession  of  the  requisite  means,  to  defray  the  expence  of  the 
purchase.  This  subject  is  one  which  has  not  heretofore  been  passed  un- 
noticed; and  is  now  only  referred  to,  in  the  hope  that  some  salutary 
effects  may  issue  from  a  frequent  recurrence  to  the  claims  of  the  great 
portion  of  the  useful  and  industrious  citizens  of  this  section  of  our 
country. 

The  unanimity  which  has  hitherto  apparently  prevailed  amongst  the 
freemen  of  this  State,  in  placing  me  in  the  responsible  station  I  now  oc- 
cupy; and  which  I  hope  will  ever  be  remembered  with  gratitude  and 
delight;  has  induced-the  belief  that  it  is  probable,  without  a  manifesta- 
tion of  my  desires,  I  may  again  be  honored  with  the  suffrages  of  some 
portion  of  my  fellow  citizens:  I  have  therefore  deemed  it  my  duty  to  re- 
quest that  I  may  not  again  be  considered  a  candidate  for  the  office. 

Oct.  11, 1822.  Richard  Skinner. 


Speech  of  Gov.  Van  Ness— 1823.1 

Gentlemen  of  the  Council  and  of  the  House  of  Representatives :  Elevated 
to  the  office  of  chief  magistrate  of  an  intelligent  and  virtuous  people,  by 
their  free,  and  almost  unanimous  suffrages,  I  embrace  the  earliest  mo- 
ment to  record  the  assurance,  that  an  honour  so  highly  distinguished,  and 
at  the  same  time  so  cordially  conferred,  has  inspired  me  with  sentiments 
of  the  warmest  gratitude  to  my  fellow  citizens,  and  the  sincerest  devo- 
tion to  their  interest  and  happiness.  And  having  just  added  the  obliga- 
tions of  an  oath,  to  those  already  imposed  upon  me,  I  assume  the  station 
which  has  been  so  honourably  occupied  by  those  who  have  gone  before 
me,  with  the  deepest  impressions  of  the  responsibility  incurred,  and  with 
the  utmost  reliance  upon  the  liberality  and  indulgence  of  my  constitu- 
ents, in  whatever  faithful  exertions  I  may  make,  in  the  discharge  of 
the  trust  committed  to  me.  And  to  none  of  the  others  who  have  pre- 
ceded me  will  it  be  intended  as  any  disparagement,  if  I  mention  with 
peculiar  feelings  of  respect  my  immediate  predecessor. 

In  casting  our  eyes  over  the  condition  and  prospects  of  our  common 
country,  we  find  on  every  side  abundant  cause  for  gratitude  to  heaven, 
and  felicitation  to  ourselves.  It  is  but  forty-seven  years  since  the  Uni- 
ted States  first  claimed  the  rank  of  an  independant  nation,  and  but  forty 
since  that  rank  was  acknowledged  by  the  government  whose  dominion 
they  had  renounced.  During  this  period,  the  improvement  of  our  coun- 
try, and  the  increase  of  her  population  and  her  wealth,  have  been  without 
a  parallel.  With  a  government  which  was  erected  by  the  sages  of  the 
revolution,  upon  the  broad  and  durable  foundation  of  equal  rights,  and 
which  stands  the  loftiest  monument  of  human  wisdom,  and  the  most 
humbling  spectacle  to  tyrants,  we  enjoy  a  liberty  unknown  to  any  other 

1  From  printed  Assembly  Journal  of  1823. 


Appendix  A.  439 

people  on  the  face  of  the  earth.  And  being  at  peace  with  all  the  world, 
and  likely  at  present  to  remain  so,  we  are  favoured  with  every  opportu- 
nity to  attend  to  the  internal  improvement  of  the  country,  and  to  the 
regulation  and  promotion  of  her  various  and  permanent  interests. 

But  with  all  this  prosperity,  and  the  possession  of  these  valuable  priv- 
ileges, we  cannot  overlook  a  source  of  regret  and  apprehension.  We 
are  still  dependant  on  foreign  nations  for  the  supply  of  much  that  we 
consume,  and  the  sale  of  much  that  our  soil  produces.  Hence  we  are 
necessarily  exposed  to  the  privations  and  losses  incident  to  the  changes 
that  take  place  in  our  relations  with  them,  and  even  in  their  relations 
with  each  other, — and  the  consequent  fluctuations  and  interruptions  of 
their  markets.  And  from  the  unfavourable  course  of  trade  in  regard  to 
us,  our  citizens  are  supposed  to  be  already  many  millions  in  their  debt, 
while  there  is  much  reason  to  fear,  not  only  that  the  amount  will  be  in- 
creased, but  that  it  will  have  to  be  paid  in  a  manner  the  most  disadvan- 
tageous to  this  country. 

The  manufacturing  interest  of  the  United  States  has  been  left  to  strug- 
gle with  obstacles  which  it  can  never  overpower,  until  the  encourage- 
ment afforded  to  the  importation  of  foreign  goods  shall  be  withdrawn,  by 
a  sufficient  increase  of  duties,  or  by  direct  prohibitory  regulations.  This, 
it  is  believed,  might  be  done  without  invading  the  just  claims  of  foreign 
commerce,  considered  in  connexion  with  the  indisputable  rights  of  the 
other  great  interests  of  the  nation.  On  the  success  of  our  manufactur- 
ing industry  depends  essentially  the  prosperity  of  agriculture,  as  by  the 
establishment  of  manufactories  is  created  a  market  for  the  articles  neces- 
sary for  manufacturing  and  for  subsistence.  And  there  appears  good 
reason  to  justify  the  opinion,  that  by  cherishing  the  resources  of  our  own 
country,  and  protecting  the  industry  of  our  own  citizens,  we  might  soon 
be  able,  without  going  abroad,  to  obtain  a  ready  and  comfortable  supply 
of  our  wants,  and  to  find  a  profitable  and  steady  market  for  our  produce. 
But  if,  on  the  other  hand,  we  should  persevere  in  the  course  we  have 
been  pursuing;  if  no  barrier  is  erected  to  the  vast  importations  of  for- 
eign merchandize,  by  which  the  exertions  of  our  manufacturers  have 
been  systematically  paralyzed,  and  the  debts,  as  well  as  the  habits  of  ex- 
travagance of  our  "citizens,  constantly  increased,  it  would  seem  that  a 
period  cannot  be  far  distant,  which  will  overwhelm  us  with  difficulties  of 
a  most  serious  and  alarming  nature. 

I  am  aware  that  the  regulation  of  this  subject  belongs  to  the  national 
government;  but  it  is  nevertheless  the  right,  if  not  the  duty  of  the  state 
authorities,  to  express  their  views  on  a  question  of  such  vital  and  gen- 
eral importance  to  the  country.  And  while  this  is  done  with  due  re- 
spect, no  impropriety  is  perceived  in  doing  it  with  that  frankness  which 
ought  to  characterize  all  the  acts  of  the  representatives  of  freemen. 

It  is  however  by  no  means  to  be  inferred  from  the  remarks  I  have 
made,  that  a  liberal  confidence  is  not  esteemed  to  be  due  to  the  adminis- 
tration of  the  general  government;  at  the  head  of  which  is  a  patriot  of 
the  revolution,  who  has  devoted  the  greater  part  of  a  long  life  to  the  faith- 
ful service  of  his  country,  with  a  zeal  and  ability  that  have  not  been  sur- 
passed, and  with  a  firmness  which  has  never  yielded  to  difficulty,  or  been 
dismayed  by  danger;  and  who  has  moreover  himself  recommended  a 
policy  more  favourable  to  the  great  cause  of  national  industry.  With  an 
extensive  territory,  a  variety  of  climate  and  soil,  a  difference  of  habits 
and  customs,  and  twenty-four  sovereign  states,  all  independant  of  each 
other,  though  subject  to  one  general  controul,  it  is  not  very  strange, 
however  much  to  be  lamented,  even  allowing  the  purest  motives  to  all 
concerned,  that  local  and  temporary  interests  should  occasionally  coun- 


440  Appendix  A. 

teract  exertions,  and  retard  the  adoption  of  measures,  calculated  to  pro- 
mote the  lasting  honour,  and  permanent  welfare  of  the  nation. 

And  it  is  a  principle  of  which  we  should  never  for  a  moment  lose  sight, 
that  notwithstanding  the  state  authorities  may  sometimes  differ  in  senti- 
ment with  the  general  government,  as  to  the  wisdom  or  propriety  of  its  pro- 
ceedings, they  are  not  in  such  cases  the  less  under  obligation  to  render 
obedience  and  respect  to  the  measures  of  the  latter,  and  to  afford  the 
necessary  aid  to  carry  them  into  effect.  The  men  who  are  called  to  ad- 
minister the  general  government,  belong  to  the  same  political  family 
with  those  who  compose  the  state  governments,  and  chosen  to  office 
by  the  same  people.  It  is  by  means  of  the  general  government  alone, 
that  the  states  can  act,  or  move  a  single  step,  on  any  occasion  however 
interesting  to  their  general  concerns.  And  it  is  to  that  government 
only,  that  they  can  look  for  defence  and  protection  in  the  hour  of  dan- 
ger, whether  assailed  from  abroad,  or  at  home.  How  important  it  is 
then,  that  the  national  government  should  be  sustained  in  all  its  parts, 
and  in  its  utmost  vigour;  and  that  we  should  frown  upon  every  attempt 
to  degrade  it,  by  treating  with  disrespect  any  of  its  measures,  or  to 
weaken  it,  by  creating  distrust  in  either  of  its  branches. 

Although  remote  from  the  nations  of  the  old  world,  and  sheltered  from 
the  fury  of  the  storms  that  agitate  them,  yet  we  cannot  behold  with  in- 
difference the  enslaved  and  degraded  state  of  the  people  who  compose 
them,  and  the  outrages  which  are  committed  on  their  rights.  Every 
American  breast  must  beat  high  with  sympathy  at  this  crisis,  for  the 
Greeks  and  the  Spaniards;  the  former  of  whom  are  bravely  struggling 
to  break  the  iron  fetters  of  their  slavery,  and  to  reassume  a  rank  among 
the  nations;  and  the  latter  are  endeavouring,  though  it  is  feared  but  too 
feebly,  to  defend  their  constitutional  liberties,  against  the  rude  encroach- 
ments of  lawless  and  despotick  power. 

In  calling  your  attention  to  the  immediate  concerns  of  this  state,  I  am 
not  sensible  that  any  material  alterations  in  the  laws  relating  to  any  de- 
partment of  the  government,  could  be  beneficially  made  at  this  time. 
And  it  is  now  too  well  understood  to  be  questioned,  that  such  alterations 
should  be  resorted  to  only  in  cases  of  pressing  and  manifest  necessity. 
The  stability  of  laws  is  next  in  importance  to  their  wisdom.  Yet  so 
great  is  the  desire  of  mankind  for  change,  and  so  predominant  their  am- 
bition for  the  character  of  reformers,  that  they  are  seldom  at  a  loss  for 
subjects  to  act  upon,  and  even  after  starting  upon  slight  and  apparently 
judicious  amendments,  their  zeal  will  frequently  urge  them  to  overleap 
the  bounds  prescribed  by  themselves  in  the  outset,  and  in  their  progress 
to  sweep  all  before  them,  until  they  have  prostrated  the  fairest  institu- 
tions, and  the  most  valuable  systems.  Let  us  therefore  endeavour  to  be 
strict  and  deliberate,  in  our  necessary  examinations  of  the  laws,  and 
when  we  plainly  discover  any  real  defects,  to  be  satisfied  when  those  are 
provided  for. 

Knowledge  and  virtue  are  the  main  pillars  of  a  free  government ;  and 
the  only  foundation  on  which  they  can  stand,  is  education.  The  founders 
of  this  state,  to  whom  we  owe  a  great  veneration,  appear  to  have  well 
understood  this  important  truth.  It  is  declared  in  the  constitution,  that 
"  a  competent  number  of  schools  ought  to  be  maintained  in  each  town 
for  the  convenient  instruction  of  youth,  and  one'  or  more  grammar 
schools  be  incorporated  in  each  county  in  this  state."  Laws  have  been 
from  time  to  time  passed  for  the  establishment  and  regulation  of  com- 
mon schools,  and  for  the  appropriation  of  funds  to  their  use  ;  by  which 
instruction  has  been  afforded  at  a  low  rate,  and  in  some  instances  almost 
if  not  entirely  free,  for  at  least  a  part  of  the  year.  Grammar  schools  and 
academies  have  been  instituted  throughout  the  state  ;  and  ample  provi- 


Appendix  A.  441 

sion  has  been  made  for  dispensing  the  benefits  of  collegiate  instruction. 
A  system  has  been  built  up  which  has  shed  its  influence  on  every  part 
of  the  community,  and  given  the  people  of  this  state,  taken  together,  a 
superiority  in  point  of  useful  knowledge  and  sound  information,  over  the 
population  of  most,  if  not  all  the  states  in  the  union. 

But  while  we  should  not  neglect  to  extend  the  hand  of  patronage  to 
the  higher  studies  of  literature,  as  valuable  parts  of  an  admirable  system, 
it  is  that  branch  of  education  which  is  the  offspring  of  the  common 
schools,  that  we  are  under  peculiar  obligations  constantly  to  guard,  and 
anxiously  to  cherish.  The  instruction  imparted  by  these  schools  is  both 
necessary  and  sufficient  for  the  common  purposes  of  life,  and  constitutes 
the  preparation  for  the  easy  attainment  of  those  higher  branches,  which 
are  acquired  at  our  academies  and  colleges  on  the  most  reasonable 
terms.  By  being  rendered  so  cheap  as  to  be  within  the  reach  of  all,  the 
diffusion  of  intelligence  becomes  universal ;  and  many  who  would  other- 
wise grow  up  without  any  education,  are  raised  from  the  state  of  degra- 
dation to  which  the  misfortunes  or  vices  of  others  may  have  reduced 
them,  and  prepared  to  become  useful  and  virtuous  members  of  society. 
And  besides,  it  opens  the  way  for  the  humble  and  the  poor  to  advance,  by 
industry  and  perseverance,  to  further  attainments,  and  to  the  honours 
and  emoluments  of  publick  employment ;  and  by  raising  their  condition, 
and  bringing  them  into  associations  with  those  who  are  higher  and 
richer,  it  leads  to  the  closer  and  more  permanent  connexions  in  life 
between  them  ;  thus  tending  to  preserve  that  equality  in  society,  which 
is  so  just  in  itself,  and  so  consistent  with  the  simplicity  of  genuine 
republican  principles. 

By  a  recent  decision  of  the  supreme  court  of  the  United  States,  in 
relation  to  the  rights  of  lands  originally  granted  under  the  .Crown  to  the 
Society  for  the  propagation  of  the  Gospel  in  foreign  parts,  and  afterwards 
claimed  by  this  state  and  the  rents  arising  from  them  appropriated  to 
the  use  of  schools,  it  appears  to  be  settled  that  the  society  is  to  recover 
the  property,  and  consequently  that  the  schools  in  a  considerable  num- 
ber of  towns  are  deprived  of  a  portion  of  their  support.  In  consequence 
of  this  circumstance  and  being  satisfied  of  the  utility  of  the  measure  on 
other  grounds,  I  would  recommend  that  a  particular  inquiry  be  insti- 
tuted in  relation  to  the  schools  ;  and  if  it  should  be  found  expedient  to 
raise  additional  funds  for  them,  that  it  may  be  done  by  an  increase  of 
the  tax  directed  to  be  annually  assessed  for  this  object,  on  the  polls  and 
estate  of  the  people,  by  the  act  of  1810.  I  know  of  no  other  way  in 
which  anything  further  can  be  effectually  done  ;  and  there  is,  in  my 
view,  no  injustice  in  compelling  the  rich  to  contribute  to  the  education 
of  the  poor.  There  can  be  no  doubt,  that  the  little  which  is  taken  from 
them,  by  its  effect  in  improving  and  elevating  the  society  around  them, 
renders  more  safe  and  valuable  that  which  they  retain,  and  enables 
them  to  enjoy  it  with  a  greater  degree  of  comfort  and  pleasure. 

Before  I  part  with  this  subject,  justice  requires  the  notice  of  an  insti- 
tution, uniting  civil  with  military  instruction,  which  has  been  reared, 
and  advanced  to  great  usefulness  and  prosperity,  by  the  talents  and  ex- 
ertions of  a  single  individual,  and  which  is  not  only  highly  honourable 
to  the  state,  but  ranks  with  the  most  respectable  seminaries  in  our 
country.1 

Agriculture  is  our  leading  employment  and  principal  support,  and 
deserves  every  attention  and  encouragement  that  can  in  any  manner 

1  The  allusion  was  to  the  late  Capt.  Alden  Partridge,  and  his  Mili- 
tary Academy,  which  is  still  continued  at  Northfield. 


442  Appendix  A. 

tend  to  the  advancement  of  its  permanent  prosperity.  As  it  is  the  most 
ancient  and  the  most  useful,  so  it  should  be  viewed  the  most  honourable 
of  all  employments.  And  the  general  diffusion  of  this  sentiment,  and 
the  cultivation  of  an  habitual  regard  for  it,  will  be  sure  to  conduce  to  the 
welfare  of  the  state. 

Considerable  improvements  have  been  made,  within  a  few  years,  as  it 
respects  the  tillage  of  the  soil,  and  the  breed  and  treatment  of  domestick 
animals.  These  have  proceeded,  in  a  great  measure,  from  the  spirit  of  em- 
ulation and  inquiry  excited  by  the  establishment  of  agricultural  societies. 
To  the  same  source  may  be  traced  an  improvement  in  that  commendable 
industry  in  families,  which  is  directed  to  the  manufacture  of  articles  of 
clothing,  from  materials  produced  on  their  own  farms.  These  societies 
do  not  generally  continue  to  be  supported  with  the  same  zeal  that  origi- 
nated them,  though  the  good  effects  thus  far  produced  by  them,  will  no 
doubt  be  lasting.  If  it  should  be  considered  of  much  consequence  to 
have  them  kept  up,  and  their  exertions  continued  to  advantage,  it  would 
be  expedient  to  afford  them  some  aid,  by  which  they  may  be  better  able 
to  distribute  premiums,  that  being  one  of  the  most  effectual  means  of 
their  usefulness. 

On  the  subject  of  manufactures  I  have  already  expressed  myself.  But 
I  would  add,  that  I  deem  it  important  to  afford  every  facility  to  manu- 
facturing establishments,  by  acts  of  incorporation,  by  reasonable  exemp- 
tion from  taxes,  and  by  whatever  other  means  may  be  within  our  proper 
sphere  of  action. 

By  rendering  every  part  of  the  state  easy  of  access,  the  advantages  for 
trade,  agriculture  and  manufacturing,  would  be  widely  extended.  The 
effect  also  in  promoting  settlements  by  immigration  from  other  states, 
would  be  highly  beneficial.  A  due  attention  therefore  to  the  measures 
necessary  for  improving  our  roads,  and  opening  new  ones  wherever  they 
would  be  useful,  is  among  the  most  essential  of  our  duties. 

A  strict  regard  to  economy  in  the  publick  expenditures  is  at  all  times 
requisite  in  the  just  administration  of  a  republican  government.  It  is 
peculiarly  so  in  this  state,  where  the  means  for  defraying  the  expenses 
of  the  government  are  chiefly  taken  by  taxation  directly  from  the  earn- 
ings of  the  people.  This  should  be  constantly  and  strongly  impressed 
on  our  minds. 

The  militia  should  always  be  regarded  with  interest.  They  must  ever 
be  the  reliance  of  the  country,  in  times  of  trouble  and  danger,  until  a 
sufficient  regular  army  can  be  raised;  and  even  after  that,  it  may  be  nec- 
essary for  them  to  co-operate  with  the  regular  forces.  But  without 
proper  organization  and  discipline,  they  are  feeble,  if  not  useless.  A 
wise  and  prudent  legislature  can  never  be  inattentive  to  their  condition. 

In  the  appointments  to  office,  it  is  of  no  small  moment  that  great 
circumspection  should  be  observed.  Every  consideration  should  be 
discarded  except  those  immediately  relating  to  the  character  and  quali- 
fications of  the  candidates.  These  remarks  apply  with  the  most  force  to 
the  Judges  of  our  courts  ;  for  to  them  are  entrusted  the  decisions  upon 
our  property,  our  character,  our  liberty  and  our  lives.  The  character  of 
a  state  is  generally  determined  by  that  of  its  officers  ;  and  a  disregard 
of  the  latter  cannot  easily  fail  to  degrade  the  former.  And  it  being 
through  our  courts  that  the  citizens  of  other  states  hold  much  of  their 
intercourse  with  us,  the  judiciary,  probably  more  than  any  other  branch 
of  the  government,  raises  or  sinks  the  respectability  of  the  state. 

In  the  year  1817  a  law  was  passed  directing  the  Secretary  of  State  to 
ascertain  the  number  of  deaf  and  dumb  persons  in  this  state,  and  their 
ages  and  situations  in  life.  By  a  report  made  the  next  year,  it  appeared 
there  were  then  seventy  persons  of  that  description  ;  that  thirty-five  of 


Appendix  A.  443 

them  were  of  the  proper  age  to  be  admitted  into  an  Asylum  for  educa- 
tion ;  and  that  twenty-nine  of  the  latter  class  were  in  indigent  circum- 
stances. Nothing  has  yet  been  done  by  the  state  towards  the  education 
of  these  helpless  and  unfortunate  beings,  whose  deplorable  condition 
cannot  fail  to  excite  the  deepest  sensibility.  I  would  at  this  time  pre- 
sent their  case  to  your  particular  notice,  in  the  hope  that  some  means 
may  be  devised  for  their  relief. 

Permit  me,  before  I  close,  to  congratulate  you  on  the  prospect  which 
is  opened  to  us  by  the  completion  of  a  canal  communication  between 
Lake  Champlain  and  the  Hudson  river.  This  great  work  has  been 
exclusively  accomplished  by  the  noble  and  munificent  spirit  which  has 
animated  a  neighbouring  state,  and  which  shines  with  still  greater 
splendour  in  an  undertaking  far  more  grand  and  stupendous,  though  not 
so  immediately  interesting  to  the  people  of  this  state.  A  new  era  has 
indeed  burst  upon  us,  when  we  can  hear  of  the  arrival  of  vessels  at  the 
city  of  New  York,  from  the  northern  extremity  of  Vermont.  The 
immense  value  of  such  a  communication  to  this  state  will  soon  be  exten- 
sively seen  and  felt  in  the  different  branches  of  business  carried  on 
within  it. 

I  would  only  remark  further,  that  as  faithful  depositories  of  the 
publick  interest,  we  should  use  our  utmost  endeavours  to  divest  our- 
selves of  all  political  and  personal  prejudices  and  animosities,  and  to 
cultivate  in  their  stead  the  kind  and  elevated  feelings  of  mutual  confi- 
dence and  good  will;  to  allay  all  jealousies  and  dissensions  of  whatso- 
ever kind,  among  the  people  at  large,  and  between  the  different  classes, 
trades  and  professions,  and  to  inculcate  a  general  spirit  of  union  and 
harmony  ;  to  promote  industry,  economy,  temperance,  morality  and 
religion  ;  to  keep  steadily  in  view  that  we  are  not  raised  to  office  for  our 
own  advantage  or  aggrandizement,  but  to  serve  with  our  best  faculties 
the  interest  of  those  whose  agents  we  are,  and  to  whom  we  have  to 
account ;  and  finally,  we  should  implore,  with  becoming  reverence  and 
humility,  the  blessing  of  the  great  Ruler  of  the  universe  upon  all  our 
labours,  for  without  that,  however  well  intended,  and  well  directed,  they 
will  surely  be  in  vain.  C.  P.  Van  Ness. 

Montpelier,  Oct.  10, 1823. 


Speech  of  Gov.  Van  Ness— 1824. 

Gentlemen  of  the  Council,  and  of  the  House  of  Representatives :— The 
unequivocal  approbation  which  my  fellow  citizens  have  been  pleased  to 
manifest  of  my  past  conduct,  by  selecting  me  a  second  time,  with  in- 
creased unanimity,  to  preside  over  the  affairs  of  the  state,  is  calculated 
alike  to  enhance  my  feelings  of  gratitude,  and  my  obligations  of  duty. 
But  being,  as«I  trust,  fully  sensible,  that  the  strength  of  these  feelings, 
and  the  influence  of  these  obligations,  are  to  be  tested,  not  by  profes- 
sions, but  by  actions,  I  shall  pass  over  the  former,  and  rest  myself  upon 
the  latter. 

The  affairs  of  the  nation  continue  peaceful  and  prosperous.  And  since 
our  last  meeting,  an  act  has  been  passed  by  the  government  of  the  Uni- 
ted States,  for  the  encouragement  of  American  manufactures,  which, 
although  falling  short  of  the  just  expectations  of  friends  of  domestick  in- 
dustry, it  is  to  be  hoped  will  lead  to  further  measures,  and  in  the  end 
prove  to  have  been  but  the  commencement  of  a  system,  that  alone  can 
exalt  this  nation  to  that  lofty  eminence,  which,  by  a  wise  direction  of 
her  resources,  she  is  destined  to  occupy. 


444  Appendix  A. 

The  principal  duties  required  of  us,  on  the  occasion  of  our  annual  as- 
semblage, are,  such  improvements  and  alterations  of  existing  laws  of  the 
state,  and  the  passage  of  such  new  ones,  as  may  have  been  proved  by 
experience  to  be  necessary  and  important,  and  may  be  called  for  by  the 
changes  in  the  condition  of  society ;  a  vigilant  superintendence  over  the 
fiscal  concerns  of  the  state,  both  as  it  respects  the  just  levy,  and*  the 
economical  expenditure  of  the  public  funds;  the  improvement  of  the 
channels  of  communication  between  the  different  parts  of  the  state,  and 
with  other  states;  the  exertion  of  all  the  means  within  our  power  to  pro- 
mote the  interests  of  trade,  agriculture  and  manufactures;  the  appoint- 
ment of  honest  and  capable  men  to  fill  the  publick  offices;  a  strict  atten- 
tion to  the  state  of  the  militia ;  and  a  watchful  care  over  the  condition  of 
our  schools,  and  learned  institutions. 

As  it  respects  one  or  two  of  the  subjects  just  enumerated,  it  is  thought 
necessary  to  be  somewhat  more  particular.  Notwithstanding  the  laws 
relating  to  the  militia  were  revised  in  the  year  1818,  several  additional 
acts,  containing  alterations  of  the  principal  act,  have  since  been  passed, 
by  which  a  system  that  ought  to  be  plain  and  simple,  is  rendered  intri- 
cate and  complicated.  The  system  also  being  considered  still  defective, 
and  not  being  in  all  respects  conformable  to  the  laws  of  the  United 
States,  another  revision  at  the  present  session  would  be  beneficial.  If 
you  should  conclude  to  act  on  this  subject,  whatever  committee  it  may 
be  referred  to,  will  be  furnished  with  such  suggestions  as  may  be  deemed 
necessary  or  useful. 

So  too  with  regard  to  the  laws  for  the  organization  and  support  of 
schools.  Besides  being  scattered  through  the  statute  books,  they  might 
be  improved  in  that  efficiency  of  regulation  which  is  essential  to  the  use- 
fulness and  prosperity  of  these  valuable  establishments.  These  there- 
fore might  likewise  be  revised  to  advantage. 

But  what  is  more  important,  the  funds  provided  by  existing  laws,  and 
from  which  great  benefits  have  certainly  been  derived,  I  am  satisfied, 
are  yet  inadequate  to  afford  those  facilities  of  education  to  all  classes  of 
the  community,  which  every  good  government  ought  to  provide.  The 
universal  diffusion  of  early  education  is  so  indispensable  to  the  promo- 
tion of  social  order,  of  morality,  and  religion,  and  to  the  maintenance 
and  permanency  of  republican  institutions,  that  its  cause  demands  our 
most  decided  and  vigorous  support.  I  feel  it  to  be  a  duty  therefore  not 
to  be  dispensed  with,  to  recommend  that  the  amount  now  directed  to  be 
annually  raised  by  taxation,  be  increased.  The  state  has  no  publick 
property  to  appropriate  to  this  object;  but  the  property  within  it,  though 
owned  by  individuals,  must  nevertheless  be  reached,  in  order  to  sustain 
the  public  burdens,  and  to  fulfill  the  public  duties  and  obligations.  And 
I  now  repeat,  what  I  remarked  the  last  year,  that  there  is  no  injustice  in 
compelling  the  rich  to  contribute  to  the  education  of  the  poor. 

Although  in  general  opposed  to  great  and  radical  changes  in  the  pub- 
lic laws  of  the  state,  yet  I  would  respectfully  submit  to  your  wisdom, 
whether  the  time  has  not  arrived  which  will  safely  admit  of  some  modi- 
fication of  the  relations  between  the  creditor  and  the  debtor.  The  power 
which  the  former  has  long  been  suffered  to  exercise  over  the  person  of 
the  latter,  whether  his  conduct  has  been  honest  or  fraudulent,  is  at  vari- 
ance with  the  mild  policy  of  our  laws  in  all  other  respects,  and  is  repug- 
nant to  the  best  feelings  of  the  human  heart.  That  some  difficulties  may 
in  the  outset  present  themselves  in  regulating  the  details  of  a  system 
calculated  to  afford  the  appropriate  relief,  is  not  to  be  denied.  At  the 
same  time  we  ought  well  to  reflect,  before  we  should,  by  that  considera- 
tion, be  deterred  from  approaching  a  subject,  whose  claims  to  our  atten- 
tion are  founded  in  the  firmest  principles  of  justice  and  benevolence. 


Appendix  A.  445 

But  whatever  may  be  your  views  as  to  the  propriety  of  any  interfer- 
ence, or  the  extent  of  the  relief  that  should  be  provided,  considering  the 
question  in  a  general  light,  it  is  not  perceived  on  what  ground  any  ob- 
jection can  be  made  to  the  passage  of  a  law  exempting  females  from  im- 
prisonment on  matters  of  contract.  The  spectacle  of  an  honest  and  un- 
fortunate female  confined  in  a  common  jail,  with  persons  of  all  descrip- 
tions, or  even  at  all  restrained  of  her  liberty,  because  she  may  be  unable 
to  fulfill  a  contract,  must  create  the  most  painful  sensations  in  the  mind 
of  every  feeling  and  honorable  man;  while  on  the  other  hand,  the  con- 
finement of  one  of  an  opposite  character,  under  like  circumstances,  can- 
not be  otherwise  than  disgusting  in  its  aspect,  and  demoralizing  in  its 
tendency,  and  is  therefore  equally  to  be  avoided.  For  the  honor  of  the 
state  I  can  say,  that  I  am  not  aware  of  the  frequency  of  cases  of  either 
description  ;  but  they  do  sometimes  happen.  The  bare  circumstance, 
however,  that  the  law  will  admit  of  their  occurrence,  is,  in  my  opinion, 
in  this  instance,  sufficient  to  justify  the  alteration  proposed. 

In  pursuance  of  a  resolution  passed  at  the  last  session,  in  relation  to  the 
deaf  and  dumb,  Mr.  George  P.  Marsh  has  been  appointed  to  collect  the 
information  required,  and  will,  it  is  presumed,  make  a  satisfactory  report. 
And  I  beg  leave  to  express  my  solicitude,  that  the  session  should  not  be 
permitted  to  pass  by,  without  some  efficient  measures  for  the  benefit  of 
this  neglected  class  of  our  population. 

Under  the  resolution  respecting  the  rights  of  land  originally  granted 
to  the  Society  for  the  propogation  of  the  gospel  in  foreign  parts,  a  cor- 
respondence has  taken  place  with  the  Hon.  Daniel  "Webster,  the  counsel 
employed  on  behalf  of  the  state  to  defend  the  suit  against  the  town  of 
New  Haven,  for  one  of  those  rights,  which  will  without  delay  be  laid  be- 
fore you. 

Various  resolutions  have  been  received  from  several  of  the  states, 
which  will  be  seasonably  communicated  to  you.  Those  from  the  state  of 
Alabama,  recommending  General  Andrew  Jackson  for  the  Presidency, 
and  those  from  the  state  of  Tennessee,  disapproving  of  the  practice  of 
nominating  candidates  for  President  and  Vice  President  of  the  United 
States,  by  Congressional  caucusses,  cannot  require  any  measures  on  the 
part  of  the  legislature.  This  state  will  soon  be  called  on,  in  a  constitu- 
tional way,  to  express  her  choice  of  persons  to  fill  the  offices  of  President 
and  Vice  President  ;  and  in  doing  so,  it  is  believed  she  will  not  fail  to 
evince  a  proper  regard  for  her  own  character,  or  the  interest  of  the 
Union.  The  subject  of  congressional  caucusses  is  one  over  which  we 
have  no  authority  ;  and  it  is  moreover  undeserving  of  the  importance 
that  has  been  given  to  it.  It  is  an  impeachment  of  the  understanding, 
as  well  as  the  independence  of  the  people  of  the  United  States,  to  sup- 
pose that  they  would  not  elect  the  most  suitable  men  to  the  first  offices 
in  the  government,  because  others  may  have  been  nominated  by  an  as- 
semblage of  members  of  Congress  ;  or  that  they  would  disregard  the 
just  claims  of  any  candidate,  merely  for  the  reason  of  his  having  such  a 
recommendation.  The  subject  belongs  to  the  people  ;  and  there  is  no 
reason  to  doubt  that  they  will  properly  dispose  of  it.' 

In  addition  to  the  ordinary  business  of  the  session,  it  will  be  necessary 
to  appoint  some  person  to  represent  this  state  in  the  Senate  of  the  United 
States,  for  six  years,  from  and  after  the  3d  of  March  next. 

The  period  is  also  at  hand  when  electors  of  President  and  Vice 
President  of  the  United  States  are  to  be  appointed,  and  it  is  for  the 
legislature  to  direct  the  manner  in  which  this  shall  be  done.  The 
practice  in  this  state  has  heretofore  been  for  the  two  houses,  by  joint' 

1  Wm.  H.  Crawford  was  the  caucus  candidate  in  1824,  and  was  not 
elected. 


446  Appendix  A. 

ballot,  to  appoint  the  electors,  in  pursuance  of  a  concurrent  resolution, 
previously  adopted  for  that  purpose  ;  no  law  having  existed  on  the 
subject.  The  constitution  of  the  United  States  provides  that  "Each 
state  shall  appoint,  in  such  manner  as  the  legislature  thereof  may 
direct,  a  number  of  electors,  equal  to  the  whole  number  of  Senators 
and  Representatives  to  which  the  state  may  be  entitled  in  the  Congress." 

It  is  doubtful,  to  say  the  least,  whether  by  the  true  construction 
of  the  constitution,  it  was  originally  intended  that  the  legislatures 
of  the  several  states  should  have  the  right,  under  the  authority  to 
direct  the  manner  in  which  the  state  should  appoint  the  electors,  to 
assume  to  themselves,  or  to  vest  anywhere,  distinct  from  the  people,  the 
power  of  such  appointment.  But  admitting  it  to  have  been  settled  by 
the  practice  of  several  of  the  states,  that  it  rests  with  the  legislature  to 
decide  whether  it  will  itself  exercise  this  power,  or  vest  it  with  the  peo- 
ple, the  question  recurs,  which  course  shall  be  pursued  ?  That  it  was  de- 
signed by  the  constitution  that  the  electors  should  truly  represent  the 
choice  of  their  respective  states,  can  surely  require  no  effort  to  prove. 
And  it  would  seem  to  be  equally  clear,  that  this  choice  can  be  no  other 
than  that  of  the  people  of  each  state.  But  how  are  the  wishes  of  the  peo- 
ple to  be  ascertained  unless  the  electors  are  chosen  by  them  ?  There  is 
no  other  way  in  which  their  preference  can  be  expressed;  and  any  as- 
sumption of  that  preference  can  only  be  founded  on  conjecture.  The 
sentiments  of  a  majority  of  the  legislature  may,  or  may  not  accord  with 
those  of  a  majority  of  the  people;  and  if  the  electors  are  appointed  by 
the  former,  it  follows,  that  a  vote  may  be  given  in  behalf  of  the  state, 
directly  contrary  to  its  wishes.  If,  then,  the  people  have  no  voice  in  the 
appointment  of  electors,  they  are,  in  a  great  measure,  out  of  the  ques- 
tion, in  the  election  of  the  most  important  officers  in  the  nation.  With 
these  views,  I  am  of  opinion  that  a  law  ought  to  be  passed,  providing  for 
the  appointment  of  electors  by  the  people.  If  you  should  conclude  to 
adopt  the  course  recommended,  it  will  still  remain  to  be  determined, 
whether  the  election  shall  take  place  by  a  general  ticket,  or  by  districts. 
The  former  appears  to  me  to  be  the  proper  mode.  The  constitution  de- 
clares that  "  each  state  "  shall  appoint  its  number  of  electors.  All  the 
electors  therefore  should  be  appointed  by  the  state;  not  some  by  one 
portion  of  the  state,  and  some  by  another.  It  was  designed  that  the 
election  of  a  president  should  be  by  states,  each  state  having  in  the  first 
instance  a  number  of  votes  equal  to  her  number  of  Senators  and  Repre- 
sentatives in  Congress,  which  is  nearly  on  the  basis  of  population;  and 
if  the  election  should  come  into  the  House  of  Representatives,  then  the 
states  to  be  equal,  each  having  one  vote.  In  choosing  electors  by  dis- 
tricts, the  most  populous  and  important  state  in  the  Union,  and  which  it 
was  intended  should  have  a  correspondent  weight  in  the  electoral  vote, 
might  be  thrown  entirely  out  of  the  scale,  by  a  division  among  its  elec- 
tors. The  election  by  states,  and  by  general  ticket  in  each  state,  exhib- 
its a  union  of  the  federative,  and  the  popular  principle,  happily  adapted 
to  the  organization  of  the  general,  and  the  state  governments.  For 
while  the  power  and  importance  of  the  states  are  preserved,  the  pop- 
ular voice,  by  the  appointment  of  electors,  has  a  controlling  influence 
over  the  election. 

The  main  argument  which  has  usually  been  relied  on  in  favour  ot 
district  elections,  is,  that  by  a  general  ticket  the  people  are  compelled  to 
vote  for  men  of  whom  they  may  be  ignorant,  while  in  each  district  they 
will  generally  have  a  personal  knowledge  of  the  candidates.  This  argu- 
ment, yielding  to  it  all  the  weight  that  is  claimed  for  it,  is  still  light 
compared  with  those  on  the  other  side  of  the  question,  as  applicable  to 
the  appointment  of  Presidential  electors.     But  it  assumes  for  fact  an 


Appendix  A.  447 

ignorance  in  the  people,  the  existence  of  which  is  by  no  means  admitted. 
Their  information  and  intelligence  on  all  subjects  connected  with  the 
affairs  of  the  government,  and  their  knowledge  of  the  moral  and  political 
characters  of  that  class  of  citizens  from  which  the  electors  are  usually 
selected,  are  believed  to  be  such,  as  to  preclude  the  idea  that  they  are  not 
capable  of  making  an  advantageous  choice  by  general  ticket,  throughout 
the  respective  states.  I  am  aware  that  a  proposition  like  that  now  sub- 
mitted, was  before  the  legislature  at  the  last  session,  and  was  dismissed. 
But  there  is  reason  to  believe  that  the  decision  was  principally  produced 
by  the  consideration  that  there  was  no  necessity  of  acting  on  the  subject 
until  the  present  session.  At  any  rate,  I  am  convinced  that  no  designs 
hostile  to  the  wishes  of  the  people,  as  it  respects  the  selection  of  a  Pres- 
ident, were  entertained  by  the  members  on  that  occasion.1 

The  recent  arrival  of  General  La  Fayette  in  the  United  States,  is  an 
event  that  deserves  our  notice.  This  respected  and  venerable  patriot, 
at  an  early  age,  left  his  country,  and  his  family,  and,  for  purposes  the 
most  noble  and  benevolent,  sought  his  way  to  these  then  troubled 
shores.  He  found  the  people  in  a  state  of  bondage,  and  placing  himself 
by  the  side  of  their  first  chief,  assisted  to  lead  them  through  the  wilder- 
ness, to  the  enjoyment  of  freedom  and  independence.  He  returned  to 
his  own  country,  and  after  an  absence  of  forty  years,  has  come  once 
more  to  visit  that  which  he  gloriously  served  in  his  youth.  He  finds, 
indeed,  that  of  his  old  associates,  comparatively  few,  like  himself,  have 
survived  the  wreck  of  time,  and  remain  to  greet  his  arrival,  and  to  talk 
over  the  perils  and  the  glories  of  their  former  days.  Yet  he  finds  the 
children  of  those  who  have  descended  to  the  tomb  ;  and  the  hearts  of 
these  swell  with  affection  and  with  reverence  for  the  friend  and  com- 
panion of  their  departed  fathers.  But  above  all,  he  finds  himself  owned 
by  the  whole  nation,  as  one  of  her  earliest  and  most  distinguished 
benefactors,  and  is  cheered  by  an  universal  burst  of  gratitude  and  of 
love  from  one  extreme  of  the  Union  to  the  other.  An  invitation  to  the 
General  to  visit  this  state,  previous  to  his  return  to  France,  while  it  is 
but  a  faint  tribute  of  respect  due  to  him,  would  doubtless  be  agreeable  to 
the  people  in  general,  and  could  not  fail  to  be  peculiarly  gratifying  to 
those  veterans  among  us,  who  participated  with  him,  though  in  humbler 
stations,  in  many  of  the  scenes  which  have  associated  his  name  with  the 
history  of  our  independence.  And  from  the  fact  that  he  would  meet 
with  some  of  those  venerable  patriots,  we  may  be  permitted  to  indulge 
the  anticipation,  that  his  visit  would  not  be  wholly  destitute  of  interest 
to  himself. 

Having  thus  concisely  and  frankly  submitted  to  you  my  views  on  the 
various  subjects  which  I  have  deemed  to  be  essentially  connected  with 
the  welfare  of  the  state,  I  have  only  to  add,  that  by  pursuing  a  course, 
dictated  by  our  best  judgments,  and  controlled  by  upright  intentions, 
we  have  the  best  ground  to  flatter  ourselves,  that,  under  the  superin- 
tending care  of  that  Providence  whose  divine  countenance  we  should 
ever  seek,  the  happiness  and  prosperity  of  the  people  will  be  promoted, 
and  the  character  and  respectability  of  the  state  improved  and  elevated. 

C.  P.  Van  Ness. 

Montpelier,  October  15th,  1824. 

1  Oct.  25, 1824,  an  act  was  passed  carrying  out  the  views  of  Gov.  Van 
Ness,  and  it  has  in  substance  been  retained  ever  since.  The  electors 
for  that  year,  however,  were  appointed  in  joint  committee  of  the  two 
houses,  the  electoral  act  not  taking  effect  until  the  election  of  1828. 


448  Appendix  A. 

Speech  of  Gov.  Van  Ness— 1825. 

Gentlemen  of  the  Council,  and  of  the  House  of  Representatives: — In  as- 
sembling to  discharge  the  duties  of  the  respective  trusts  confided  to 
us  by  our  fellow-citizens,  we  should  not  delay  the  acknowledgment  of 
our  sincere  gratitude  to  Almighty  God,  for  the  happy  circumstances,  and 
the  flattering  prospects,  under  which  we  are  permitted  to  meet. 

Our  country  steadily  and  rapidly  advances  in  her  march  to  that  eleva- 
tion, which  she  appears  destined  to  reach,  and  which  constitutes  the 
highest  happiness,  as  well  as  greatness  of  a  nation.  The  administration 
of  her  government  has,  indeed,  passed  from  the  hands  of  the  last  revo- 
lutionary patriot,  who  will  probably  ever  direct  her  course.'  But  it  is  a 
source  of  great  felicity,  that  the  succession  has  fallen  on  a  statesman  and 
patriot  of  the  present  day,  whose  transcendant  talents,  extensive  experi- 
ence, and  purity  of  character,  furnish  an  unfailing  pledge,  that,  under 
his  guidance,  her  progress,  to  say  the  least,  will  be  unimpeded  and  un- 
tarnished.8 

In  confining  our  view  to  this  state — our  constitutional  sphere  of  action 
— we  are  then  by  no  means  destitute  of  solid  grounds  of  gratification, 
and  of  pride.  There  is  abundant  evidence  of  her  increasing  progress  in 
wealth  and  population,  and  in  the  cultivation  of  the  mind,  and  the  mor- 
als; of  the  improvement  of  her  agricultural,  manufacturing  and  commer- 
cial interests;  and  of  the  prevalence  of  an  unusual  degree  of  harmony 
and  good  feeling,  throughout  the  whole  community. 

As  the  representatives  of  the  state,  to  whom  are  entrusted,  for  the 
time  being,  the  protection  of  these  interests,  and  the  preservation  of 
these  blessings,  let  us  not  lose  sight  of  the  confidence  reposed  in  us,  or 
the  responsibility  we  have  assumed.  Regardless  alike  of  every  consid- 
eration of  fear,  or  favour,  we  should  pursue  the  way  marked  out  by  the 
constitution,  prompt  in  our  decisions,  though  not  rash,  and  firm  in  our 
purposes,  but  not  stubborn;  aiming  only  at  the  main  objects  of  our  ap- 
pointment— the  permanent  prosperity,  respectability  and  happiness  of 
the  state. 

The  views  which  I  have  heretofore  expressed  to  the  legislature,  on  the 
subjects  of  education,  of  the  militia,  and  of  imprisonment  for  debt,  re- 
main unchanged.  These  important  interests  are  referred  to,  as  deserv- 
ing your  particular  attention. 

I  do  not  perceive  that  we  can,  with  propriety,  at  this  time,  adopt  any 
measures  for  a  further  increase  of  the  funds  annually  raised  for  the  sup- 
port of  schools ;  but  it  is  worthy  of  consideration,  whether  the  regula- 
tions for  the  expenditure  of  those  funds,  cannot  be  improved,  so  as  to 
lead  to  results  more  extensively  beneficial,  than  are  at  present  produced. 
A  proposition  was  before  the  legislature,  at  the  last  session,  to  commence 
the  creation  of  a  permanent  school  fund,  and  was  postponed  to  the  pres- 
ent. If  such  an  object  could  be  effected,  though  it  were  but  a  small  be- 
ginning, and  with  a  distant  prospect  of  actual  usefulness,  the  state,  at 
some  future  day,  might  be  greatly  benefitted  by  it,  and  have  reason  to 
bless  the  memory  of  those,  who  shall  have  laid  the  noble  foundation. 

When  we  find  that  the  very  first  clause  in  the  constitution  of  the 
United  States,  pronounces  it  one  of  the  principal  objects  of  its  establish- 
ment, to  "  promote  the  general  welfare,"  and  when  we  reflect  that  this 
welfare  is  inseparably  connected  with  the  diffusion  of  knowledge,  we 
cannot  but  be  struck  with  astonishment,  that  the  General  Government, 
with  such  ample  means  as  it  possesses,  should  so  long  have  delayed  to 
lend  its  direct  and  efficient  aid  to  the  general  purposes  of  education.    In 

'  James  Monroe.  ■  John  Quincy  Adams. 


Appendix  A.  449 

this  era  of  peace,  and  of  increasing  attention  to  the  internal  condition  of 
the  country,  may  we  not  be  permitted  to  hope,  that  the  present  adminis- 
tration will  not  suffer  to  go  ungathered  so  rich  a  harvest  of  glory,  as 
would  spring  from  the  adoption  of  measures,  by  which  all  the  states 
would  be  enabled,  without  pressure  to  their  inhabitants,  to  impart,  to 
every  useful  extent,  the  inestimable  blessings  of  education. 

As  it  regards  the  militia,  if  nothing  more  should  be  done,  there  are 
some  difficulties  in  the  execution  of  the  existing  laws,  which,  in  my  opin- 
ion, should  be  removed  by  an  additional  act.  These  I  will  point  out  to 
the  military  committee,  instead  of  swelling  this  communication  with 
their  details.  I  would  likewise  observe,  that,  on  account  of  the  addition 
to  the  number  of  companies  since  the  act  of  1819,  which  provides  for 
furnishing  the  officers  with  the  system  of  military  discipline,  adopted  by 
law,  a  further  provision  of  the  same  nature  has  become  necessary.  And 
as  it  respects  that  provision,  permit  me  to  suggest  the  importance  of  di- 
recting that  each  commander  of  a  company  be  furnished  with  a  copy  of 
the  system,  instead  of  an  abridgment  of  the  work  merely. 

In  a  special  communication,  during  the  last  session,  in  relation  to  the 
arms  belonging  to  this  state,  I  adverted  to  the  propriety  of  collecting, 
and  placing  in  the  custody  of  the  quartermaster-general,  all  that  might 
remain  of  2500  stands  of  arms  received  from  the  United  States,  and  di- 
rected by  the  legislature  in  1822,  to  be  apportioned  among  the  several 
towns  and  deposited  with  the  selectmen.  I  am  fully  confirmed  in  the 
expediency  of  this  measure,  and  recommend  that  provision  be  made,  the 
present  session,  to  carry  it  into  effect.  The  public  arms  should  be  kept 
together,  that  their  number  and  situation  might  at  all  times  be  known, 
especially  since  measures  are  in  progress  for  the  erection  of  an  arsenal. 

The  report  of  the  commissioners  appointed  to  designate  the  town  in 
which  the  arsenal  should  be  located,  and  to  purchase  a  lot  of  land  on 
which  to  erect  the  same,  was  received  about  the  first  of  August  last. 
The  town  of  Middlebury  has  been  fixed  on,  and  five  acres  of  land,  se- 
lected by  the  commissioneis,  have  been  procured  at  the  expense  of  indi- 
viduals, and  duly  conveyed  to  the  state.  The  season,  however,  being  so 
far  advanced,  I  considered  it  prudent  to  suspend  any  preparations  for 
the  commencement  of  the  building,  and  advised  the  quarter-master-gen- 
eral accordingly.1 

Being  authorized  by  the  act  which  provides  for  printing  the  compila- 
tion of  the  laws  of  the  state,  to  appoint  an  agent  to  contract  for  the 
printing,  and  likewise  a  person  to  superintend  the  work,  in  conjunction 
with  the  secretary  of  state,  I  appointed  Daniel  Kellogg,  Esqr.  to  perform 
those  duties.  Of  the  circumstances  and  progress  of  the  business,  you 
will  be  informed  by  the  agent. 

Under  the  resolution  of  the  last  session,  relating  to  the  education  of 
the  deaf  and  dumb,  Horace  Everett  and  James  Elliot  Esquires,  were 
appointed  commissioners  to  carry  the  same  into  execution.  A  report 
from  Mr.  Everett  will  be  transmitted  to  you  without  delay.  Mr.  Elliot, 
in  consequence  of  indisposition,  was  not  able  to  attend  the  meeting  of 
the  commissioners  and  the  directors  of  the  asylum,  at  Hartford.2 

Having  given  General  La  Fayette  an  invitation  to  visit  this  state,  in 
pursuance   of  the   resolution   on   that  subject,  he  accordingly  passed 

1  The  act  of  1824,  providing  for  a  state  arsenal,  was  repealed  in  1825. 
Champlain  arsenal,  at  Vergennes,  was  built  by  the  U.  S.  government  in 
1828. 

*  For  Mr.  Everett's  report,  see  printed  Assembly  Journal  of  1825,  pp. 
35-37. 

29 


450  Ajppdndix  A. 

through  the  state  the  latter  end  of  June  last,  entering  it  at  Windsor, 
and  leaving  it  at  Burlington.  His  time  was  so  limited,  that  it  was  not 
in  his  power  to  present  himself  in  any  parts  of  the  state,  not  on  the 
route  between  the  two  places  mentioned.  But  as  it  was,  every  practi- 
cable arrangement  was  made,  to  favour  the  people  of  the  state  with  an 
opportunity  of  beholding  this  beloved  friend  and  patriot.  A  particular 
account  of  the  expenses  incurred  on  the  part  of  the  state,  will  be  laid 
before  you. * 

Much  anxiety  has  been  manifested,  the  year  past,  with  respect  to  the 
improvement  of  the  navigation  of  Connecticut  river,  and  the  junction  of 
its  waters  with  those  of  Lakes  Champlain  and  Memphremagog.  That 
these  are  truly  schemes  of  vast  importance,  will  not  be  questioned.  Our 
interest  is  great  in  all,  but  in  the  two  latter,  it  is  more  exclusive  than  in 
the  first.  The  consideration,  however,  that  tfie  state  only  borders  on 
that  river,  1  trust,  will  not  deprive  that  part  of  the  subject  of  a  general 
solicitude  throughout  the  state  ;  as  it  should  always  be  remembered,  that 
a  benefit  to  any  one  part  of  the  state,  without  an  actual  deprivation  to 
the  other  parts,  is  a  benefit  to  the  whole.  But  the  connexion  of  this 
plan  with  the  other  two,  if  they  should  all  be  executed,  at  once  renders  it 
of  immediate  interest  to  other  important  parts  of  the  state,  than  those  in 
the  vicinity  of  the  river. 

At  this  period  of  internal  improvement  and  enterprize,  it  is  certainly 
incumbent  upon  us  to  take  some  measures  to  forward  the  accomplish- 
ment of  such  public  works,  in  this  state,  as  it  would  be  practicable  and 
expedient  to  execute.  The  great  advantages  of  canals,  where  there  is  no 
natural  navigation,  appear  now  to  be  universally  acknowledged.  The 
expediency,  however,  of  constructing  them,  is  only  admitted,  where  the 
circumstances  of  the  country  through  which  they  are  to  pass,  or  the  ex- 
tent of  the  navigation  with  which  they  are  to  be  connected  at  the  two 
extremes,  will  justify  the  application  of  the  necessary  means.  Instead, 
therefore,  of  wasting  the  public  or  private  resources  of  the  state,  by  em- 
barking in,  or  encouraging  projects  requiring  large  funds,  and  afibrdiug 
doubtful  evidence  of  utility,  for  the  honour  of  imitating  others,  more  fa- 
vourably situated,  and  possessing  more  ample  means,  we  should  proceed 
with  caution — always  keeping  in  view  the  advantages  of  the  work  pro- 
posed, if  practicable,  the  means  necessary  for  its  execution,  and  the 
sources  whence  those  means  are  to  be  derived. 

In  the  beginning  of  May  last  I  received  a  communication  from  the 
secretary  of  the  war  department  of  the  United  States,  stating,  that,  in 
accordance  with  the  wishes  expressed  by  the  people  of  the  states  of 
Vermont,  New  Hampshire,  Massachusetts  and  Connecticut,  through 
their  representatives  in  congress,  orders  had  been  given,  to  cause  an 
examination  and  survey  to  be  made,  of  the  country  between  Lake  Mem- 
phremagog  and  the  Connecticut  river  at  Barnet  in  this  state,  with  a 
view  to  ascertaining  the  practicability  of  constructing  a  canal  to  unite 
those  waters  ;  and  also  an  examination  of  the  Connecticut  river,  from 
Lake  Connecticut  to  the  tide  waters  of  Long  Island  sound,  to  ascertain 
the  practicability  and  probable  cost  of  improving  the  navigation  of  that 
river ;  and  that  an  engineer  would  be  at  Barnet  by  the  10th  of  May, 
who  would  co-operate  with  any  engineer  or  commissioner  that  might  be 
sent  to  that  place,  on  the  part  of  this  state.  Although  I  felt  anxious  to 
evince  to  the  national  government  our  gratification  that  its  attention 
was  directed  to  objects  so  very  interesting  to  this  state,  and  our  disposi- 

1  The  amount  was  $564.77,  mainly  for  transportation  and  express 
messengers.  —  See  printed  Assembly  Journal  of  1825,  p.  99  ;  and  Acts  of 
1825,  p.  44. 


Appendix  A.  451 

tion  to  afford  all  practicable  co-operation,  yet  I  had  no  authority  to  incur 
expense.  But  arrangements  having  been  made  by  individuals  to  avoid 
that,  I  appointed  Horace  Everett  [of  Windsor]  and  Nicholas  Baylies 
[of  Montpelier]  Esqrs.  commissioners,  for  the  purpose  above  mentioned. 
Of  the  progress  of  these  surveys,  I  have  not  been  advised.  * 

In  the  month  of  July  last,  I  was  furnished  with  the  proceedings  of  a 
public  meeting,  held  at  this  place  [Montpelier,]  on  the  subject  of  a  canal 
to  unite  the  waters  of  Lake  Champlaiu  and  Connecticut  river,  in  pursu- 
ance of  which  I  addressed  a  letter  to  the  secretary  of  war,  requesting 
that  a  survey  might  be  made,  under  the  direction  of  that  department, 
to  ascertain  the  practicability  and  probable  expense  of  such  a  communi- 
cation, previous  to  the  next  session  of  congress.  This  was  declined  on 
the  ground  that  the  number  of  surveys  in  progress,  it  was  feared,  would 
so  nearly  absorb  the  funds  at  the  disposal  of  the  department,  applicable 
to  such  objects,  that  it  was  not  deemed  prudent  to  make  any  further  sur- 
veys the  present  season.  From  the  interesting  connexion,  however,  al- 
ready alluded  to,  of  all  these  objects,  and  which  will  exist  even  in  a  na- 
tional view,  we  have  reason  to  indulge  the  expectation,  that  this  survey 
will  be  made  by  the  United  States,  in  the  course  of  another  season.  But 
I  am  of  the  opinion,  that  the  state  should  provide  for  making  it,  in  case 
the  general  government,  contrary  to  our  expectation,  should  still  decline 
to  do  it.  A  canal  across  the  center  of  the  state,  by  any  route  which 
probably  would  be  selected,  would  penetrate,  a  considerable  portion  of  the 
way,  a  fertile  and  well  settled  line  of  country,  and  form  the  most  impor- 
tant connexions  at  both  extremes.  The  necessary  measures,  therefore, 
to  ascertain  its  practicability  and  probable  cost,  should  not,  uuder  the 
existing  circumstances,  be  delayed.  An  examination  has  been  for  some 
time  going  on,  between  this  place  [Montpelier]  and  Connecticut  river, 
by  individuals  who  feel  interested,  the  particulars  of  which,  it  is  under- 
stood, will  be  communicated  to  you,  and  may  be  of  essential  service  in 
•your  deliberations  on  the  subject.8 

The  time  may  not  be  far  distant,  when  the  attention  of  the  state  may 
properly  be  fixed  on  other  enterprises  of  a  similar  kind;  but  I  do  not 
feel  authorised  to  advise  any  steps  of  that  kind,  until  it  shall  have  been 
determined  how  far,  and  in  what  manner,  it  will  become  necessary  to 
contribute  to  the  great  and  paramount  objects — the  improvement  of  the 
navigation  of  Connecticut  River,  and  its  connexion  with  Lakes  Cham- 
plain  and  Memphremagog. 

With  these  views,  I  would  respectfully  recommend,  that  provision  be 
made  for  the  appointment  of  two  commissioners,  by  the  legislature, 
whose  duty  it  shall  be  to  co-operate  and  advise,  when  necessary,  with 
any  engineers  employed  in  this  state,  under  the  authority  of  the  United 
States,  and  to  cause  such  examinations  and  surveys  to  be  made  as  the 
legislature  may  direct,  and  also  to  correspond  with  the  general  govern- 
ment, and  with  other  states,  on  subjects  relating  to  their  duties.  A 
suitable  appropriation  to  be  placed  subject  to  the  control  of  the  commis- 
sioners, and  a  reasonable  compensation  to  be  paid  to  them  for  actual 
services. 

1  For  the  report  of  Mr.  Everett  see  printed  Assembly  Journal  of  1825, 
p.  38. 

1  For  the  report  of  Araunah  Waterman  and  John  L.  Woods  of  various 
surveys  in  Vermont,  see  printed  Assembly  Journal  of  1825,  pp.  146-148. 
These  early  surveys  for  canals  through  central  Vermont  were  useful  in 
indicating  the  lines  of  railroads  which  have  since  been  constructed.— 
See  Appendix  C. 


452  Appendix  A, 

These  are  all  the  remarks  which  have  occurred  to  me  as  necessary  to 
be  made  at  this  time,  and  I  have  no  doubt  of  their  being  received  and 
treated  with  the  same  spirit  of  friendliness  in  which  they  have  been  sub- 
mitted. And  permit  me,  in  closing,  to  assure  you  of  my  cordial  co-ope- 
ration in  whatever  measures  you  may,  in  your  united  and  better  wisdom, 
deem  it  proper  to  adopt,  calculated  to  serve  the  public  interest,  however 
different  they  may  happen  to  be  from  any  which  I  have  recommended. 

C.  P.  Van  Ness. 

Montpelier,  October  14th,  1825. 


Speech  of  Gov.  Butler— 1826.  *• 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representa- 
tives:— The  recent  election,  made  by  the  enlightened  freemen  of  Ver- 
mont, has  laid  me  under  obligations  deeply  affecting,  aud  called  me  to 
the  performance  of  duties  that  ought  to  excite  and  bring  into  action  all 
the  powers  I  possess,  for  the  promotion  of  the  public  good.  The  appro- 
bation of  my  fellow  citizens  of  my  past  services  in  subordinate  stations, 
in  which  they  have  heretofore  placed  me,  implied  by  their  suffrages  in 
the  present  election — a  favor  I  have  never  sought,  never  expected,  but 
has  been  freely  given — I  view  as  the  greatest  reward  in  their  power  to 
bestow.  It  is  received  with  the  deepest  gratitude.  As  to  the  future, 
the  same  honest  intentions  that  have  marked  the  past,  will  direct  my 
conduct.  I  should,  however,  shrink  from  the  trust  assumed,  but  for  re- 
liance on  that  kind,  overruling  Providence,  from  whom  I  have  so  often 
found  support,  and  upon  your  good  will,  indulgence  and  co-operation. 
With  the  hope  of  these,  I  engage  in  the  work  before  me. 

Those  who  are  the  best  acquainted  with  my  past  conduct  will  expect 
a  frank  disclosure  of  my  own  views  on  every  occasion  when  duty  re- 
quires it.  In  making  a  few  remarks,  not  so  directly  connected  with  the 
ordinary  duties  of  legislation,  but  of  no  less  vital  interest  to  the  commu- 
nity, apology  may  be  thought  necessary;  and  the  only  one  I  can  make, 
is  the  ardent  desire  felt  for  the  future  prosperity  of  our  country.  How- 
ever conscious  I  might  have  been,  that  my  talents  were  capable  of  doing 
but  little  good  or  hurt,  opportunities  for  both  have  not  been  wanting. 
Ever  since  the  adoption  of  our  constitution,  with  the  exception  of  three 
or  four  years,  I  have  constantly  had  a  direct  concern  in  the  legislation 
of  this  state,  or  that  of  the  general  government.  Neither  was  the  free- 
dom of  our  country  obtained  without  my  participating  personally  in  her 
sufferings.  Thirty  years  ago,  fears  were  suggested  that  the  great  body 
of  the  people  of  this  country  would  not  at  this  time  find  themselves  in 
possession  of  those  political  privileges  which  they  now  so  richly  enjoy. 
At  that  early  period,  I  firmly  resolved  that  my  own  conscience  should 
never  upbraid  me  with  aiding  the  loss,  if  it  must  be  sustained.  To  that 
resolution  I  have  adhered;  and  with  a  view  to  perpetuate  those  privi- 
leges, is  the  object  of  these  remarks. 

Our  country  has  struggled  through  trying  scenes.  They  have  all  ter- 
minated in  our  political  prosperity,  and  resulted  in  the  stability  and  per- 
manency of  our  institutions.  At  present  we  see  her  rapidly  advancing 
to  that  high  eminence  of  national  importance  to  which  she  evidently  is 
destined.  The  people  in  every  part  of  the  Union  are  in  the  full  enjoy- 
ment of  all  that  liberty  which  the  honest  can  desire,  both  civil  and  reli- 
gious; with  the  exception  only  of  that  unfortunate  class  of  the  human 
species,  held  in  servitude  in  some  of  our  sister  states.    But  it  is  confi- 

1  From  the  printed  Assembly  Journal  of  1826. 


Appendix  A.         ,  453 

dently  hoped,  that  the  time  is  not  far  distant  when  those  states  may 
deem  it  expedient,  in  accordance  with  the  philanthropic  feeling  of  be- 
nevolent individuals  and  societies,  to  join  heartily  in  their  complete 
emancipation,  in  such  a  way  as  shall  be  consistent  with  the  safety  and 
peace  of  community. 

In  no  other  part  of  the  world  are  the  principles  of  freedom  so  well  un- 
derstood or  so  fully  enjoyed.  We  have  just  cause  to  consider  ourselves 
the  most  favored  of  the  human  family;  and  nothing  can  or  will  stop  the 
current  of  this  favor,  unless  it  is  obstructed  by  our  own  vice  and  folly. 
Let  the  constitution  of  the  United  States  be  held  sacred;  let  none  of  its 
fundamental  principles  be  altered  or  undermined;  let  no  amendment 
take  place  until  its  necessity  is  obviously  shown  by  experience;  let  the 
government  continue  to  be  justly  and  wisely  administered,  and  we  may 
then  expect  the  perpetuation  of  our  national  prosperity.  If  morality 
and  piety  continue  to  prevail,  the  elections  by  the  people  will  make  it 
manifest.  The  national  legislature  will  be  composed  of  men  possessing 
integrity  as  well  as  wisdom;  such  legislators  will  never  betray  the  trust 
reposed  in  them.  As  the  same  freemen  also  elect  the  members  of  the  state 
governments,  the  same  desirable  result  must  follow  as  to  the  internal 
concerns  of  the  respective  states.  It  was  integrity  of  heart  and  sound 
morality  that  guided  our  fathers  in  all  their  sagacious  exertions  to  ob- 
tain for  themselves  and  their  descendants  those  peculiar  privileges  we 
now  enjoy.  Information  is  of  much  use,  but  will  only  produce  its  legiti- 
mate fruits  when  united  with  morality,  and  all  who  are  engaged  in  its 
promotion,  by  their  precepts  and  example,  are  affording  constant  aid  to 
good  government. 

The  general  government  has  given  the  fullest  proof  of  its  ability  and 
intention  to  protect  our  country  from  foreign  aggression,  and  while  it 
continues  that  just  and  magnanimous  course  it  has  hitherto  pursued,  we 
have  nothing  to  fear  from  abroad.  In  the  executive  of  that  government 
we  have  entire  confidence,  founded  on  the  best  proof  that  the  same  pol- 
icy will  be  adhered  to,  during  the  present  administration. 

The  numerous  attempts  lately  made,  to  amend  the  constitution  of  the 
United  States,  will  naturally  call  the  attention  of  the  state  governments. 
A  subject  so  deeply  interesting  to  all,  will  not  escape  the  jealous  con- 
cern of  any.  Much  might  be  apprehended  from  such  proceedings,  were 
less  reliance  placed  on  the  national  and  state  legislatures.  So  long  as 
the  great  body  of  enlightened  freemen  are  in  the  belief  that  they  now 
enjoy  all  the  liberty  and  security  that  human  government  can  afford,  we 
deem  our  country  in  no  danger  of  those  evils  that  would  be  the  natural 
consequence  of  an  ardent  desire  of  change. 

Permit  me  to  add,  that  the  people  of  this  state  have  manifested  as 
strong  attachment  to  their  own  institutions  as  those  of  the  United 
States.  During  thirty- three  years,  we  have  lived  and  prospered  under 
our  present  constitution.  Kepeated  attempts  have  been  made  by  a 
small  minority  to  amend  or  change  that  instrument,  but,  on  every 
occasion,  the  powerful  voice  of  an  overwhelming  majority  hushed  all  to 
peace,  —  silenced  all  complaints.  The  short  periods  for  which  all  our 
elections  are  made  ;  the  easy  and  silent  manner  in  which  all  are  dis- 
charged from  the  public  service,  have  been  the  means  by  which  the 
common  sense  of  a  well-informed  community  has  been  carried  into 
every  department  of  the  government.  Our  institutions,  elections,  man- 
ner of  legislating,  customs  and  laws,  are  as  strictly  republican  now  as 
thirty  years  ago.  We  have  greatly  increased  in  numbers,  in  wealth,  in 
the  arts  and  sciences,  and  at  the  same  time  equality  and  friendly  inter- 
course is  maintained  between  all  professions  and  classes  of  citizens  in 
our  state,   beyond   example.       Submission    to  the   laws  has   been  as 


454  Appendix  A. 

uniform,  —  piety  and  morality  as  much  encouraged,  and  find  as  sure 
protection  here  as  in  any  section  of  the  world.  Whence,  then,  the 
desire  of  change  and  thirst  for  novelty?  In  Repressed  circumstances 
they  are  highly  useful,  but  in  a  state  of  unexampled  prosperity,  if 
indulged,  will  prove  ruinous.  Community  at  large  has  a  deep  interest 
in  every  act  of  the  legislature,  and  unborn  millions  may  be  affected  by 
its  decisions.  In  all  the  appointments  you  have  to  make,  —  in  all  the 
deliberations  in  which  you  engage,  your  own  responsibility  should 
steadily  be  kept  in  view. 

While  calling  your  attention  to  the  immediate  business  of  legislation 
before  us,  I  am  not  sensible  that  any  material  alterations  in  the  laws 
relating  to  any  department  of  the  government  could  be  beneficially 
made  at  this  time.  It  seems  now  to  be  well  understood,  that  alterations 
should  be  made  only  in  those  cases  pointed  out  by  experience.  When 
these  are  provided  for,  let  us  stop. 

The  manner  in  which  the  two  houses  have  transacted  the  business  of 
legislation  as  pointed  out  by  the  statutes  on  that  subject,  has  given 
universal  satisfaction  to  the  people.  They  need  no  alteration  to  pro- 
mote and  cherish  the  good  understanding  which  has  heretofore  existed  ; 
and  the  friendly  feeling  that  so  fully  prevailed  the  last  session  is  highly 
important  to  our  constituents. 

Keligious  liberty,  so  well  understood  and  so  fully  possessed  in  this 
state  and  so  firmly  established  by  ancient  laws,  has  produced  many 
salutary  effects.  Laws  so  just  in  themselves,  and  so  safe  for  all,  could 
not  fail  to  remove  complaint  and  promote  friendship  between  the  differ- 
ent religious  denominations  in  community,  and  peace  among  the  people. 

Our  judiciary  system  has  been  often  amended,  altered  and  changed. 
The  laws  now  in  force  are  of  recent  date,  —  the  people  have  not  yet  had 
sufficient  time  to  form  a  correct  opinion  of  their  ultimate  effect.  Let 
the  system  remain  undisturbed  for  the  present,  and  in  process  of  time, 
experience  will  mark  the  path  of  duty  to  be  pursued  by  the  legislature 
on  this  subject. 

The  laws  regulating  and  governing  the  militia  will  claim  your  serious 
attention.  They  have  been  so  lately  revised  and  amended,  that  hopes 
are  entertained  that  no  alteration  will  be  found  necessary  at  present. 
Much  reliance,  however,  must  be  placed  on  information  yet  to  be 
received  from  different  parts  of  the  state,  by  gentlemen  who  have 
been  actively  employed  in  carrying  those  laws  into  effect. 

Vermont  has  never  been  inattentive  to  the  great  interests  of  education. 
This  appears  in  all  the  grants  of  land  made,  and  in  the  numerous  acts 
passed,  having  for  their  object  the  instruction  of  youth.  The  exertions 
made  on  this  subject  have  proved  salutary,  in  a  high  degree. 

At  present,  the  people  in  this  state  are  as  well  informed  as  in  any  part 
of  the  Union.  A  matter  of  such  importance  will  ever  be  kept  in  view 
by  every  wise  legislature.  The  act  of  the  last  session,  making  provision 
for  a  permanent  fund  for  the  support  of  common  schools,  is  highly 
commendable  ;  and  if  any  means  can  be  discovered  by  which  its 
resources  may  be  increased,  the  measure  will  meet  the  approbation  of 
our  constituents,  and,  in  some  future  day,  be  highly  applauded  by  their 
descendants. 

Expenses  of  making  and  repairing  highways  are  very  great,  and  much 
importance  attaches  to  our  laws  on  the  subject— the  public  at  large  are 
interested  in  the  improvement  of  those  in  use,  and  that  others  should 
be  made  where  they  are  needed.  Laws  should  be  such  that  all  may 
view  their  duty  and  interest  united.  The  act  passed  Nov.  3,  1810, 
directing  the  disposition  of  fines  imposed  on  towns  for  not  keeping  their 
roads  in  repair,  appears  to  be  unwise.     It  has  often  been  the  ground  of 


Appendix  A.  455 

encouragement  to  neglect  present  duty  by  the  inhabitants  of  some  parts 
of  a  town,  in  the  hope  that  a  large  fine  might  be  imposed,  the  expendi- 
ture of  which  would  be  useful  to  themselves  and  expensive  to  others, 
who  had  been  more  industrious.  Principles  similar  are  contained  in 
the  act  passed  Nov.  2, 1821,  but  in  the  case  provided  for  in  this  act,  they 
appear  unexceptionable. 

If  it  should  be  thought  inexpedient,  still,  to  abolish  imprisonment  for 
debt,  yet  something  may  be  done  to  render  commitments  less  numerous. 
Was  the  creditor  made  liable  for  all  those  expenses  now  chargeable  on 
the  town,  where  the  indigent  debtor  has  settlement  or  happens  to  reside, 
commitments  would  be  less  frequent,  and  much  cost  saved  that  ought 
never  to  have  been  made.  The  justice  and  utility  of  the  measure  unite 
in  recommending  it  to  your  consideration. 

The  appointments  you  have  to  make  are  numerous  and  important. 
The  peace  and  prosperity  of  the  state  will  in  no  small  degree  depend  on 
the  wisdom  manifested  in  this  branch  of  your  duty.  Integrity  and 
ability  united  in  the  same  person,  are  the  highest  recommendations  for 
office,  and  should  be  kept  in  view,  in  every  appointment.  In  addition 
to  the  ordinary  appointments  to  be  made,  this  session,  a  senator  must 
be  elected,  to  represent  this  state  in  the  senate  of  the  United  States,  for 
six  years  from  and  after  the  3d  of  March  next.  Provision  must  also  be 
made  to  carry  into  effect  the  43d  section  of  the  constitution  of  this  state, 
by  an  act,  regulating  the  choice  of  a  council  of  censors,  and  fixing  the 
place  of  their  first  meeting. 

For  more  than  twenty  years  past,  the  legislature  of  this  state  has  uni- 
formly manifested  its  disapprobation  of  raising  money  by  lotteries  for 
any  purpose  whatever.  Last  session,  large  sums  were  offered  for  the 
privilege  of  selling  tickets  and  drawing  lotteries  in  this  state;  but  every 
proposition  of  the  kind  was  rejected,  and  it  is  believed,  the  great  body  of 
our  citizens  are  in  sentiment  opposed  to  raising  money  that  way;  in- 
deed, the  principles  of  morality  in  Vermont  must  suffer  a  sad  decline, 
before  this  species  of  gambling  will  be  sanctioned  by  the  government, 
or  approved  by  the  people.  The  numerous  sales  of  lottery  tickets  made 
within  the  last  year,  has  not  been  a  little  surprising  to  many,  and  espe- 
cially to  those  who  had  personal  knowledge  of  all  that  took  place  at  the 
last  session.  If  the  construction  be  correct,  lately  given  to  these  grants 
anciently  made  by  the  state  to  raise  money  by  lotteries,  by  those  who  are 
principally  concerned,  it  is  difficult  to  say,  when  the  business  will  stop. 
I  would  suggest  for  your  consideration,  the  propriety  of  appointing  some 
suitable  person  to  bring  the  whole  subject  before  the  proper  authority 
and  obtain  a  legal  decision  as  to  all  the  grants  on  which  reliance  is 
placed  lor  support  in  this  speculation.  At  the  same  time,  protection 
may  be  afforded  to  many  who  are  exposed  to  pecuniary  penalties.  This 
would  accord  with  justice  and  sound  policy. 

Economy  is  of  importance  in  all  the  concerns  of  private  life;  without 
it,  no  individual  can  long  be  prosperous  or  happy.  It  is  as  essential  in 
the  affairs  of  governments.  It  has  marked  the  general  course  of  former 
legislation  in  Vermont,  and  it  is  presumed  the  present  assembly  will  not 
be  less  frugal  in  the  expenditure  of  the  public  treasure. 

Experience  has  shown  the  propriety  of  confining  legislation  to  its 
legitimate  objects.  Considerable  expense  to  the  public,  and  great  incon- 
venience to  individuals,  have  already  been  the  result  of  indiscretion  on 
this  important  subject. 

All  communications  to  me,  from  any  source,  proper  for  your  consider- 
ation,, will  be  seasonably  laid  before  you. 

To  conclude,  let  us  reflect  on  the  past,  and  make  a  wise  improvement 
of  the  experience  we  have  had.    This  will  assist  us  in  our  future  prog- 


456  Appendix  A. 

ress,  and  teach  us  how  to  profit  by  our  own  mistakes.  Let  every  one 
faithfully  adhere  to  the  dictates  of  his  own  conscience,  and  however  great 
the  diversity  of  opinion,  individually  expressed,  may  be,  the  result  will 
be  the  united  wisdom  of  the  whole,— and  all  may  hope  for  the  blessing 
of  Divine  .Providence  on  our  exertions  for  the  promotion  of  the  public 
good. 

I  shall  often  go  wrong  through  defect  of  judgment.  I  ask  your  indul- 
gence for  my  errors,  which  will  never  be  intentional;  and  your  support 
in  maintaining  peace  and  good  order  in  society — and  I  humbly  beseech 
God  our  Saviour,  whose  we  are,  and  whom  we  ought  to  serve,  to  bestow 
his  blessings  on  our  labors,  our  persons,  and  our  constituents. 

Ezra  Butler. 


Speech  of  Gov.  Butler— 1827.1 
Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives : — 

Called  by  the  suffrages  of  the  people,  I  again  engage  on  the  duiies 
assigned  me.  On  the  present  occasion  permit  me  not  only  to  acknowl- 
edge my  obligation  to  the  freemen  for  their  continued  confidence,  but 
my  gratitude  to  Him  who  has  protracted  my  life,  and  continued  the 
prosperity  of  the  state  another  year.  The  instances  of  mortality  con- 
stantly thinning  the  ranks  of  those  accustomed  to  legislation,  cannot  fail 
to  remind  us  all,  of  the  slender  tenure  by  which  we  hold  office  and  life. 

It  is  necessary  that  the  business  for  which  we  have  assembled,  should 
be  prosecuted  with  decorum,  deliberation  and  despatch,  in  order  to  pro- 
mote the  interests  of,  and  give  general  satisfaction  to  the  people.  On 
the  wisdom,  by  you  to  be  manifested,  in  the  numerous  appointments 
you  have  to  make,  will  the  reputation,  the  peace  and  morality  of  the 
state,  much  depend. 

Education  is  of  too  great  importance  ever  to  escape  the  notice  of  wise 
legislators.  Many  among  the  well-informed  have  thought  our  laws 
deficient  as  they  regard  the  expenditure  of  public  money  raised  for. the 
support  of  common  schools  —  that  a  proper  board  shoultl  be  appointed, 
in  each  county  or  town,  for  the  examination  of  those  who  are  to  be 
employed  as  instructors  ;  and  that  every  town  should  appoint  suitable 
persons  to  visit  the  schools.  Should  it  be  thought  that  an  act  to  effect  these 
objects,  would  render  the  expenditure  of  public  money  more  useful  to 
community,  you  have  the  example  of  some  of  our  sister  states  for  your 
encouragement  in  trying  the  experiment. 

To  the  subject  of  lotteries  the  attention  of  the  legislature  was  called, 
last  session.  Permit  me  to  ask  your  further  attention  to  what  was  then 
communicated  ;  for  I  have  seen  no  just  cause  for  altering  the  opinion 
then  expressed.  The  act  of  that  session  is,  in  my  view,  of  doubtful  ten- 
dency. And  should  it  prove  as  salutary  as  its  supporters  expected,  it 
can  never  close  the  door  against  the  admission  of  an  evil  allowed  on  all 
hands  to  be  highly  demoralizing  in  its  tendency.  The  money  received 
by  the  state,  although  expended  for  the  best  of  purposes,  will,  never, 
fully  compensate  community  for  the  various  species  of  immorality  that 
will  have  received  encouragement. 

A  bill  entitled  "An  act  to  abolish  imprisonment  for  debt,"  published 
with  the  acts  of  the  last  session,  will  claim  your  attention.  The  subject 
has  repeatedly  occupied  the  consideration  of  the  legislature;  and  al- 
though the  object  is  desirable,  yet  the  manner  in  which  it  can  be  effected 
with  safety  to  all  concerned,  seems  not  to  have  been  discovered.  The 
bill,  in  its  present  shape,  is  too  complicated  to  answer  the  best  purpose. 

1  From  the  printed  Assembly  Journal  of  1827. 


Appendix  A.  457 

It  would  increase  litigation  rather  than  discourage  it — embarrass  the 
administration  of  justice,  rather  than  promote  it.  If  concealment  of 
property  should  be  constituted  a  crime,  and  punished  with  severity  as 
such,  executions  might  issue  against  the  property  only,  of  the  debtor, 
with  as  much  safety  to  the  creditor,  as  the  constitution,  or  justice  re- 
quire. This  subject  is  important — it  has  engrossed  the  minds  of  many 
for  years  past,  and  if  nothing  further  should  meet  your  approbation,  I 
hope  the  propriety  of  compelling  the  creditor  to  provide  for  the  support 
of  his  debtor,  during  his  confinement,  will  be  duly  considered. 

Our  statutes  will  all  pass  in  review  before  you.  But  it  should  be  kept 
in  mind  that  every  unnecessary  alteration  is,  not  only  perplexing  and 
inconvenient  in  the  administration  of  justice,  but  often  the  occasion  of 
injurious  mistakes.  Where  the  necessity  of  new  enactments  has  become 
obvious,  let  us  act  without  fear;  but  with  due  caution. 

For  some  months  past,  several  engineers,  in  the  employment  of  the 
general  government,  have  been  engaged  in  examining  different  routes 
for  canals  in  this  state;  but  as  to  the  result  of  their  labors  no  informa- 
tion can  at  this  time  be  given. 

A  communication  has  been  received  from  the  ordnance  department  of 
the  United  States,  by  which  it  appears  there  is  now  ready  for  the  use  of 
this  state  one  thousand  five  hundred  and  nineteen  muskets,  as  its  quota 
for  the  four  years  last  past.  If  desired,  other  arms  or  accoutrements,  of 
equal  value,  will  be  furnished.  These  arms  will  be  sent  to  any  designa- 
ted place  in  Vermont  to  which  they  can  be  conveyed  by  water.  As  the 
arms  are  not  wanted  for  present  use,  I  have  delayed  to  direct  their  re- 
moval to  any  place  in  this  state;  and  will  still  wait  the  order  of  the  leg- 
islature in  relation  to  them. 

Permit  me  here  to  suggest  the  propriety  of  landing  these  arms  at  Bur- 
lington; and  that  they  be  brought  from  thence  to  some  place  to  be  pro- 
vided for  that  purpose,  near  the  seat  of  government,  and  kept  in  good 
order  until  wanted  for  use.  Should  the  proposition  meet  your  approba- 
tion, provision  must  be  made  to  carry  it  into  effect.  The  legislature 
will  then  have  opportunity  to  know  the  actual  condition  of  the  arms, 
from  year  to  year,  without  further  expense  or  inconvenience.  In  no 
part  of  the  state  can  they  be  more  secure,  or  to  every  part  more  readily 
distributed,  should  the  unhappy  necessity  of  using  them  ever  occur.  It 
is  to  be  feared  that  most  of  the  arms  heretofore  received  from  the  United 
States  will  be  of  little  further  use  to  the  state,  should  no  additional  at- 
tention be  paid  to  the  subject.  But  those  now  to  be  received  are,  doubt- 
less, in  good  order,  and  may  easily  be  preserved  in  that  condition;  and 
as  the  number  will  from  time  to  time  be  increased,  your  attention  to  the 
subject  seems  the  more  necessary. 

Several  resolutions  from  our  sister  states  have  been  received,  which 
will  in  due  time  be  submitted  for  your  consideration. 

The  people  of  this  state  can  never  remain  indifferent  observers  of  the 
proceedings  of  Congress,  or  the  course  pursued  by  the  Executive  of  the 
general  government.  And  we  have  too  much  confidence  in  the  recti- 
tude of  our  motives,  and  correctness  of  our  views,  to  conceal  them.  So 
far  as  the  public  good  may  require,  they  should  be  made  known.  Let 
every  state  in  the  union  do  the  same,  and  it  may  be  of  some  service  to 
that  government  on  which  we  all  depend  for  national  security,  and  the 
protection  of  our  rights.  The  dereliction  of  duty  in  the  last  Congress, 
so  well  calculated  to  impair  the  confidence  of  the  public  in  the  national 
legislature,  is  matter  of  serious  regret.  For  that  body  to  refuse  protec- 
tion to  the  industry  of  a  majority  of  the  people,  when  the  necessity  had 
become  too  obvious  to  be  mistaken,  is  just  cause  of  complaint;  for  it  is 
wounding  to  the  laudable  pride  of  our  country.     Had  no  other  imports 


458  Appendix  A. 

ant  interest  been  neglected,  the  wound  would  have  been  less  painful,  and 
might  have  been  borne  in  silence.  However  for  the  present,  we  can  but 
cherish  the  hope,  that  by  the  next  Congress  all  just  cause  of  dissatisfac- 
tion will  be  removed,  and  the  confidence  of  the  people  again  restored  to 
the  Legislature  on  whose  wisdom  and  integrity  the  United  States  are, 
in  so  high  a  degree,  dependent  for  her  prosperity. 

The  preparations  making  for  the  next  presidential  election  seem  to 
have  brought  to  view  political  doctrines  that  will,  when  reduced  to 
practice,  endanger  the  stability  of  our  institutions,  and  tend  to  their 
final  overthrow."  Among  others  that,  in  my  opinion,  are  dangerous,  this 
is  not  the  least,  that  it  is  improper  and  unsafe  to  give  any  man  a  second 
election  as  President,  however  just,  wise  and  prosperous  his  administra- 
tion may  have  been,  for  the  first  term.  This  idea  is  novel,  and  I  am 
inclined  to  think  the  remark  has  been  hastily  thrown  out  with  but  little 
consideration,  and  will,  when  duly  examined,  be  retracted.  There  can  be 
no  better  guide  in  politicks  than  past  experience.  Look  at  the  present 
prosperous  condition  of  the  United  States  —three  successive  administra- 
tions continued  eight  years  each:  one  after  another  steadily  progressing  in 
prosperity  and  credit  at  home  and  abroad.  Is  all  this  to  be  forgotten  in 
our  future  march  ?  Or  shall  this  instructive  lesson  be  improved  as  a  lamp 
to  our  path  ?  It  is  true  no  one  can  say  what  would  have  been  the  con- 
sequence if  Jefferson  had  not  received  his  second  election  ;  and  Madi- 
son, and  Monroe,  had  shared  the  same  fate  ;  and  all  three,  one  after 
another,  had  been  dismissed  from  public  service  at  the  end  of  their  first 
term.  But  all  must  know,  that  the  state  [nation]  would  have  lost 
twelve  years'  service  of  those  able  statesmen  ;  and  that  too  not  the  least 
useful  part  of  their  services.  Add  to  this  the  hazard  and  risque,  of 
selecting  three  new  candidates  to  serve  four  years  each.  Let  the  candid 
decide  whether  the  doctrine  that  has  heretofore  prevailed  is  not  more 
safe  for  the  country  than  that  against  which  I  contend.  Due  considera- 
tion will  convince  any  one,  that  it  is  unjust  as  well  as  unsafe.  There  is 
no  other  way  in  which  the  great  body  of  the  freemen  can  express  their 
approbation  of  the  first  four  years'  administration,  but  by  a  second  elec- 
tion. Should  that  take  place,  and  should  the  same  course  be  pursued 
the  last  four,  the  president  leaves  the  chair  of  state  with  the  sealed 
approbation  of  the  nation  —  his  reputation  is  secure  forever,  as  it  ought 
to  be.  Not  so  with  him  who  receives  no  second  election.  A  direct 
stigma  is  cast  either  on  his  person  or  his  policy.  The  disgrace  must 
follow  him  to  the  close  of  life  ;  and  in  the  present  condition  of  society, 
would  be  visited  on  his  descendants.  Would  it  have  been  just  for  the 
country  to  have  treated  either  of  the  exalted  individuals  I  have  named, 
in  the  manner  lately  proposed  to  treat  every  one  who  may  hereafter 
occupy  the  chair  of  state  ?  Had  the  constitution  been  so  framed,  or 
should  this  idea  so  prevail  that  a  second  election  can  never  take  place, 
the  honest  patriot  would  always  be  deprived  of  the  reward  he  most 
esteems  for  all  his  services  —  there  would  be  no  way  left  by  which  the 
people  are  distinctly  to  decide  whom  tney  approve  and  whom  they 
disapprove.  The  good  and  the  bad,  the  wise  and  the  simple,  are  all  . 
alike  to  be  thrown  aside  as  useless  lumber.  Is  this  just?  But  the 
injustice  to  individuals  has  not  been  the  occasion  of  these  remarks. 
The  increased  dangers  to  which  our  institutions  would  be  exposed  is 
that  which  most  deserves  our  attention.  The  doctrine  against  which  I 
protest,  in  its  practical  operation,  would  in  all  cases  deprive  the  state  of 
the  services  of  the  ablest  statesmen,  at  a  time  when  they  would  be  most 
capable  of  being  useful,  and  perhaps  too,  at  a  time  when  their  services 
would  be  indispensably  necessary  to  preserve  the  country  from  distrac- 
tion, and  the  government  from  dissolution.     Again,  the  reins  of  govern- 


Appendix  A.  459 

ment  must  be  committed  to  new  hands  once  every  four  years  ;  and  if 
the  views  of  some  are  to  guide  us,  they  ought  to  be  taken,  not  from  the 
cabinet,  but  from  some  other  employment  or  station,  in  which  they  have 
had  little  or  no  acquaintance  with  the  duties  they  now  have  to  perform 
and  direct.  On  every  occasion  of  the  kind,  heretofore,  we  have  given 
the  reign  to  no  man  until  he  had  been  well  disciplined,  and  had  become 
acquainted  with  the  duties  he  had  to  perform  ;  and  had  given  evidence 
of  his  ability  and  integrity.  It  appears  to  me  there  is  some  risk  in 
placing  the  power  of  the  nation  in  unexperienced  hands,  every  four 
years.  It  may  be  further  observed,  that  to  unite  the  public  mind  on 
any  individual  to  fill  that  most  important  office,  is  no  trifling  undertak- 
ing. The  subject  has,  on  every  occasion,  employed  the  talents  and  pens 
of  our  ablest  and  best  citizens,  with  the  deepest  concern.  And  to  this 
subject  the  ambitious  and  designing  will  never  be  inattentive.  If  it  has 
been  so  difficult  to  concentrate  the  public  opinion  once  in  eight  years, 
will  it  not  be  much  more  so,  to  unite  on  a  new  candidate  once  in  every 
four  ?  The  danger  of  electing  incompetent  and  designing  men,  is 
greatly  increased.  Double  the  number  must  be  elected  —  the  more 
frequent  the  draughts,  the  more  difficult  the  choice— and  still  more 
doubtful  whether  it  will  be  good.  The  more  I  have  thought  on  this 
subject,  the  more  fully  I  am  confirmed  in  the  opinion  so  often  expressed 
by  the  people  of  the  United  States  —  and  that  the  same  opinion  will  still 
prevail,  we  are  not  inclined  to  doubt. 

The  unbending  integrity,  the  wisdom  and  prudence,  of  the  adminis- 
tration of  the  general  government,  as  it  richly  merits,  so  it  will  receive 
the  approbation  of  a  sagacious,  enlightened,  and  virtuous  community. 
Every  year  furnishes  additional  evidence  of  the  wisdom  manifested  in 
the  last  presidential  election.  The  wise  and  prudent  course,  pursued 
by  our  government,  for  twenty-four  years  previous  to  that  auspicious 
event,  has  been  faithfully  observed,  by  those  now  at  the  head  of  the 
government.  The  American  system  must,  and  will  be  supported ;  or 
the  retrograde  march  of  our*country  will  soon  commence. 

Every  exertion  made  by  the  legislature,  to  promote  the  interest  of  the 
state,  as  connected  with  that  of  community  at  large,  will  receive  my 
cordial  support.  Ezra  Butler. 


Speech  of  Gov.  Crafts— -1828.1 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives: 
—  In  obedience  to  the  will  of  the  Freemen,  as  manifested  by  their  suf- 
frages. I  enter  upon  the  duties  prescribed  by  the  constitution  and  laws 
of  this  state.  This  distinguished  mark  of  the  confidence  of  my  fellow- 
citizens,  as  well  as  the  very  favorable  light  in  which  they  have  been 
pleased  to  view  my  endeavors  to  discharge  the  several  trusts,  with 
which  I  have  heretofore  been  honored,  excites  my  sincerest  gratitude — 
and  demands  from  me  a  pledge,  that  whatever  talents  I  possess  will  be 
faithfully  exerted,  to  promote  the  interest,  the  honor,  and  the  prosperity 
of  the  state. 

Our  happy  relations  with  the  General  Government,  by  relieving  us 
from  all  concern  in  legislating  on  subjects  connected  with  our  inter- 
course with  foreign  nations — with  commerce,  and  other  subjects  affect- 
ing the  general  interests  of  our  country,  renders  your  duty,  as  legislators, 
comparatively  simple  and  easy.  To  provide  for  the  prevention  of  crimes 
— for  the  protection  of  our  persons  and  property — to  promote  the  moral 
and  social  virtues — and  to  appoint  the  necessary  officers  to  administer 

1  From  the  printed  Assembly  Journal  of  1828. 


460  Appendix  A. 

and  execute  the  laws,  are  the  principal  subjects  which  will  require  your 
consideration.  Happily  our  civil  and  criminal  codes,  devised  by  the 
wisdom  and  perfected  by  the  experience  of  preceding  legislatures,  are  so 
well  adapted  to  the  protection  of  our  persons,  our  rights,  and  our  prop- 
erty, that  it  is  even  doubtful  whether  the  public  interest  requires  any 
alteration,  either  in  their  principles,  or  in  their  application. 

The  circumstances,  under  which  I  meet  you  at  this  time,  will  be  my 
apology  for  omitting  to  lay  before  you  any  particular  statement  of  the 
condition  of  our  public  institutions;  or  to  notice  any  communications 
from  the  General  Government,  or  from  the  Executives  of  our  sister 
states,  which  may  have  been  received  by  my  honored  predecessor. 
These,  with  any  other  information,  necessary  for  your  consideration, 
when  received,  will  be  made  the  subject  of  special  communication. 

As  our  social  and  political  institutions  can  be  sustained  and  perpetu- 
ated, only  by  the  general  virtue  and  intelligence  of  the  community — it  is 
our  indispensable  duty,  as  members  of  one  great  political  family,  and 
guardians  of  the  generation  which  will  soon  fill  our  places  on  the  active 
theatre  of  life,  to  make  such  provision  for  instruction,  as  will  qualify 
our  youth  to  discharge  the  important  trust  which  will  be  committed  to 
their  care.  Our  youth  can  be  considered  in  no  other  light  than  as  chil- 
dren of  the  state,  having  a  common  interest  in  the  preservation  of,  and 
in  the  benefits  to  be  derived  from,  our  free  institutions — and  possessing 
also,  whether  rich  or  poor,  equal  claims  upon  our  patriotism,  our  liber- 
ality and  our  justice.  It  is,  therefore,  our  paramount  duty  to  place  the 
means  for  obtaining  instruction  and  information,  equally  within  the 
reach  of  all.  The  act  to  provide  for  the  support  of  common  schools, 
passed,  at  the  last  session  of  the  General  Assembly,  although,  in  some 
respects,  an  improvement  upon  the  laws  previously  in  force,  seems  to 
fall  short  of  carrying  into  full  effect  the  benevolent  intentions  of  the 
General  Assembly — an  equal  benefit  to  all,  from  the  apportionment  of 
the  money  raised  for  the  support  of  schools.  This  arises,  principally, 
from  the  unequal  sizes  of  the  different  school  districts,  and  from  the  dis- 
cretion given  to  the  districts  to  raise  money.  The  great  inequality  in 
the  number  of  scholars,  in  different  districts,  produces  a  like  inequality 
in  the  amount  of  schooling.  Whilst  some  districts  contain  from  eighty 
to  one  hundred  scholars,  others,  not  unfrequently,  contain  only  from 
twenty  to  thirty;  and  as  the  public  money  is  distributed  according  to  the 
number  of  scholars,  the  opportunities  for  obtaining  instruction  will  be 
alike  disproportioned.  The  power  given  to  districts  to  raise  money  is, 
frequently,  from  parsimony,  want  of  ability,  or  from  other  causes  operat- 
ing upon  a  majority  of  the  district,  but  sparingly  exercised.  It  is  be- 
lieved that  these  evils  may  be  avoided,  and  the  opportunities  for  receiv- 
ing instruction  rendered  nearly  equal  to  all,  by  requiring  the  towns  to 
arrange  their  several  school  districts,  so  as  to  contain,  as  near  as  possi- 
ble, a  similar  number  of  scholars;  and  directing  the  selectmen,  instead 
of  three  cents  on  the  dollar,  to  assess  such  an  amount  on  the  list,  as  will, 
including  any  school  fund  such  town  may  possess,  amount  to  a  definite 
sum  on  each  scholar;  which  sura  ought  to  be  sufficient  to  provide  the 
necessary  schooling,  in  each  district,  for  the  year.  With  these  altera- 
tions, it  is  believed,  the  provisions  of  the  act  of  the  last  session  of  the 
General  Assembly  would  be  productive  of  the  most  beneficial  effects. 

For  several  years  past,  petitions  for  the  incorporation  of  banks  have 
been  presented  to  the  General  Assembly;  and  it  is  probable  that  similar 
petitions  will  be  presented  at  the  present  session.  It  is  conceded  that, 
in  commercial  towns,  banks  are  necessary,  if  not  indispensable:  and  that 
the  various  operations  of  commercial  transactions,  requiring  the  fre- 
quent use  and  interchange  of  large  sums  of  money,  could  hardly  be 


Appendix  A.  461 

effected,  without  the  aid  and  facilities  afforded  by  these  institutions. 
Yet,  in  an  inland  country,  almost  exclusively  agricultural,  the  necessity 
for  banks  is  considered  as  much  more  questionable.  It  will  not  be  con- 
tended that  a  certain  number  may  not  be  sustained,  within  this  state, 
without  any  material  injury  to  the  interests  of  the  people;  or  that,  in 
some  respects,  they  may  not  prove  beneficial— particularly,  in  supplying 
a  uniform  and  known  circulating  medium.  But  this  number  has  its 
limits,  beyond  which  any  increase  will  prove  injurious.  And  whether 
the  number,  already  established,  falls  short  of,  or  exceeds  those  limits, 
time  alone  must  determine.  The  motives,  which  influence  monied  men 
to  apply  for  these  incorporations,  partake  less  of  patriotism  and  a  desire 
to  benefit  the  community,  than  to  procure  a  profitable  investment  of 
their  money.  And  so  long  as  such  investment  shall  yield  a  fair  profit, 
so  long  the  property  of  the  bank  will  be  owned  by  men  of  capital,  who  will 
conduct  their  concerns  in  a  manner  which  will  preserve  the  reputation 
of  the  institution.  But  as  every  additional  bank,  by  dividing  the  busi- 
ness, must,  necessarily,  lessen  the  profits,  and,  of  course,  the  inducement 
to  hold  bank  stock;  it  is  to  be  feared  that  the  stock,  when  it  shall  no 
longer  be  productive,  will  pass  into  the  hands  of  unprincipled  specula- 
tors, who,  regardless  of  the  interest  of  the  community,  will  be  tempted, 
as  has  frequently  been  done,  to  adopt  such  measures  as  will  bring  dis- 
tress and  ruin  in  their  train. 

These  observations  are  not  made  with  a  knowledge  of  any  improper 
transactions  of  the  banks  now  in  operation  within  this  state:  but,  on  the 
contrary,  it  is  believed,  that  the  stockholders  have  conducted  the  con- 
cerns of  their  several  banks,  as  much  to  render  them  acceptable  to  the 
public,  as  to  promote  their  own  private  emolument.  As  there  are  no 
known  data,  whereby  to  determine  the  number  of  banks  which  may  be 
sustained,  within  this  state,  without  compromitting  the  welfare  and  in- 
terest of  the  community,  it  becomes  your  duty,  as  guardians  of  the  rights 
and  interests  of  the  people,  to  act  with  great  caution  on  a  subject,  from 
which,  under  present  circumstances,  but  little  of  benefit  can  be  expected, 
but  which  may  be  productive  of  the  most  disastrous  consequences. 

Among  the  subjects  which  annually  require  the  attention  of  the  Gen- 
eral Assembly,  are  applications  for  land  taxes,  for  the  purpose  of  making 
roads  in  the  several  towns.  This  mode  of  taxation  had  its  origin  in  the 
early  times  of  our  government;  and  whilst  the  townships  were  but  par- 
tially settled,  and,  generally,  not  divided  into  severalty,  the  taxation  of 
lands,  by  the  quantity,  without  reference  to  their  value,  for  the  purpose 
of  rendering  them  more  accessible  to  settlers,  might  be,  not  only  a  fair, 
but  perhaps  the  only  mode  by  which  taxes  on  lands,  so  situated,  could 
be  collected.  But,  at  the  present  time,  the  situation  of  the  state  is  ma- 
terially changed.  There  are  few  towns  in  which  the  comparative  value 
of  lands  is  not  apparent  and  well  ascertained.  And  whilst  some  lands, 
by  their  proximity  to  settlements,  and  to  public  roads,  or  from  the  im- 
provements made  upon  them,  are  become  very  valuable,  other  lands, 
lying  on  mountains,  destitute  of  roads,  and  often  unfit  for  cultivation, 
are  of  little  value,  it  has  become  desirable  that  a  more  equal  and  just 
mode  of  taxation  should  be  adopted.  I  would  therefore  recommend  for 
your  consideration  the  inquiry,  whether  the  present  mode  of  taxing,  by 
the  quantity,  ought  not  to  be  discontinued;  and  that  all  uncultivated 
lands,  situated  in  organized  towns,  be  made  subject,  in  conjunction  with 
other  taxable  property,  to  all  taxes  for  highways,  according  to  their  just 
valuation. 

I  congratulate  my  fellow  citizens  upon  the  prosperous  condition  of 
our  common  country.  In  profound  peace  with  all  nations  —  the  great 
interests  of  our  country  fostered  and  protected  —  our  population  and 


462  Appendix  A. 

resources  increasing  at  a  ratio  unprecedented  in  the  history  of  man  —  a 
revenue,  collected  in  a  manner  the  least  burdensome  to  the  people,  so 
abundant  as  to  defray  the  ordinary  expenses  of  our  national  govern- 
ment, to  contribute  largely  to  the  permanent  defences  and  internal 
improvements  of  our  country,  and  rapidly  to  reduce  our  public  debt  — 
and  a  government  which  bears  so  lightly  on  the  people  as  to  be  felt  only 
in  the  consciousness  of  the  security  it  gives.  This  unexampled  prosper- 
ity, in  connexion  wi*h  the  civil  and  religious  liberty  enjoyed  under  our 
free  institutions,  places  within  the  reach  of  the  citizens  of  the  United 
States  greater  means  for  happiness  than  ever  fell  to  the  lot  of  any  other 
people.  Yet,  in  a  section  of  this  so  highly  favored  country,  there  are  at 
this  time  restless  and  aspiring  characters,  some  of  whom  have  stood 
high  in  the  estimation,  and  have  partaken  largely  of  the  confidence  of 
their  fellow-citizens,  who,  from  disappointed  ambition,  sectional  preju- 
dices, or  from  other  motives  as  little  patriotic,  and  as  regardless  of  the 
peace  and  prosperity  of  their  country  as  of  their  own  political  reputa- 
tion, have  publicly  advanced  doctrines,  and  recommended  measures, 
hostile  to  the  fundamental  principles  of  our  government,  and,  in  their 
tendency,  subversive  of  the  integrity  of  the  Union.  That  these  doc- 
trines, instead  of  receiving  the  prompt  and  decided  disapprobation  Of 
the  public,  have,  on  the  contrary,  acquired  numerous  proselytes,  must, 
to  the  patriot,  be  matter  for  astonishment  and  regret.  It  is  however  to 
be  hoped  that  the  sober  and  reflecting  portion  of  the  population  of  that 
section,  having  nothing  to  gain,  but  much  to  lose,  by  a  dissolution  of  the 
Union,  will  be  found  so  great  as  te  render  these  treasonable  and  sedi- 
tious proceedings  abortive.1 

There  is  another  subject  which  I  approach  with  reluctance,  but  which 
the  solemn  duty  I  owe  to  my  country  induces  me  to  notice.  It  is  the 
bitterness  and  acrimony,  with  which  the  contest  for  the  highest  offices 
in  our  government  is  conducted, —  and  the  misrepresentations,  slanders, 
and  abuse,  which  are  so  unsparingly  bestowed  on  the  first  characters  of 
our  country.  That  the  privilege  of  electing  our  rulers  —  and  only  for 
limited  periods  —  a  privilege  in  which  the  excellence  of  a  republican 
form  of  government  principally  consists,  —  should  be  the  cause  of  such 
an  unprecedented  agitation  of  the  public  mind,  must,  to  the  real  friends 
of  our  institutions,  be  a  source  of  the  deepest  regret.  It  is  not  my 
intention,  in  this  place,  to  enter  into  any  comparison  of  the  respective 
qualifications  of  the  distinguished  men  who  at  this  time  divide  the  pub- 
lic opinion,  but  to  lay  before  my  fellow-citizens  some  of  the  dangerous 
consequences,  which  may  ensue  to  our  institutions,  from  the  manner  in 
which  this  election  is  conducted.  If  the  highest  officers  in  our  govern- 
ment —  men  of  great  experience,  acknowledged  talents,  and  of  the 
strictest  integrity,  whose  measures,  after  being  subjected  to  the  severest 
scrutiny,  and  found  to  be  wise,  prudent  and  promotive  of  the  honor  and 
the  best  interests  of  our  country,  are  to  be  vilified  —  their  characters 
traduced  —  their  motives  questioned,  and  their  acts  misrepresented; 
the  time  cannot  be  distant  when  the  wise,  the  prudent,  and  the  friends 
to  peace  and  order  will  retire  from  the  contest ;  and  our  offices  will 
be  filled  with  the  ambitious,  the  unprincipled,  and  the  designing.  Our 
form  of  government  is  yet  but  an  experiment.  For  the  purposes  of 
defence  against  foreign  aggression,  it  has  been  tried,  and  found  to  be 

1  The  reference  here  is  to  the  nullification  doctrines  of  South  Carolina, 
and  especially  to  John  C.  Calhoun,  who,  as  member  of  Congress  and 
Secretary  of  War,  was  co temporary  with  the  term  of  Gov.  Crafts  in 
Congress. 


Appendix  A.  463 

competent.  But  whether  it  is  also  competent  to  withstand  the  corrupt- 
ing and  insidious  inroads  of  prosperity,  remains  to  be  determined. 
There  is  virtue  and  intelligence  in  our  country  sufficient,  if  put  in  activ- 
ity, to  correct  these  alarming  evils.  And  it  is  believed,  that  whenever 
the  people  shall  be  convinced  that  their  liberties  are  in  danger,  they 
will  awake  from  their  apathy,  and  vindicate  the  cause  of  morality,  of 
good  order,  and  the  honor  of  their  country. 

Gentlemen,  in  all  your  measures  tending  to  promote  the  interest,  and 
to  increase  the  happiness  of  our  fellow-citizens,  you  will  have  my  most 
cordial  co-operation.  Samuel  C.  Crafts. 


Speech  of  Gov.  Crafts— 1829.' 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives : 
— Being  again  called,  by  the  voice  of  my  lellow-citizens,  to  till  the  hon- 
orable office  of  chief  magistrate  of  this  state,  permit  me,  through  you,  to 
tender  to  them  the  homage  of  my  deepest  gratitude,  and  to  assure  them 
that  this  renewed  mark  of  their  confidence  will  be  met  with  renewed  ex- 
ertions, on  my  part,  to  discharge  the  important  duties  assigned  me,  with 
a  single  view  to  the  interest,  the  honor,  and  the  happiness  of  the  good 
people  of  this  state. 

If  we  turn  our  attention  to  the  condition  and  internal  concerns  of  the 
state  for  the  past  year,  we  shall  find  much  to  gratify  the  patriot  and  phil- 
anthropist, and  abundant  cause  for  thankfulness  and  gratitude  to  the  Di- 
vine Source  of  Wisdom  and  Goodness,  that  the  course  of  events  has  been 
so  ordered,  that  no  general  and  desolating  sickness  has  prevailed  ;  that 
the  various  application  of  the  industry  of  our  citizens  has  been  rewarded 
with  reasonable  profits  ;  that  our  civil  and  religious  institutions  remain 
unimpaired  ;  and  that  the  state  is  steadily  progressing  towards  that  re- 
spectable station  among  her  sister  states,  which  she  seems  destined  to 
occupy. 

Since  the  last  meeting  of  the  general  assembly,  the  distinguished  in- 
dividual who  then  held  the  first  office  under  our  federal  constitution,  has 
retired  to  private  life,  and  that  office  has  been  filled  by  a  gentleman  who 
has  rendered  important  services  to  our  country.  Although  he  was  not 
the  favorite  candidate  of  a  majority  of  the  citizens  of  this  state,  he  has 
been  constitutionally  elected  ;  and,  therefore,  it  becomes  our  duty,  as 
members  of  our  great  political  family,  to  acquiesce,  and  to  yield  that  re- 
spect and  obedience  to  the  acts  of  his  administration,  which  the  constitu- 
tion and  laws  of  our  country  require  ;  being,  at  the  same  time,  at  full 
liberty  to  discuss  the  policy  of  those  acts,  and  freely,  but  temperately,  to 
express  our  opinions  of  the  effect  they  may  produce  on  the  welfare  and 
prosperity  of  our  country. 

You  have  been  selected,  by  your  fellow-citizens,  to  devise  and  adopt 
such  measures  as  shall  promote  the  general  welfare  of  the  state  ;  and,  in 
the  performance  of  this  honorable  trust,  you  will  find  your  duties  and 
your  powers  clearly  pointed  out  in  the  constitution. 

I  am  not  aware  that  the  interest  of  the  community  requires  any  mate- 
rial alteration  in  our  public  laws.  They  appear  to  afford,  under  the  ad- 
ministration of  our  courts  of  justice,  an  adequate  remedy  for  every 
wrong  ;  which  is  the  object  of  law.  All  laws  should  be  explicit,  stable, 
and  duly  enforced.  Frequent  changes  tend  to  create  doubt  and  uncer- 
tainty, and  promote  litigation.     No  law,  therefore,  which  has  received 

^roni  the  printed  Assembly  Journal  of  1829. 


464  Appendix  A, 

the  construction  and  application  of  its  principles,  by  our  courts,  ought  to 
be  altered,  except  from  a  thorough  conviction  of  its  inadequacy  to  ac- 
complish the  object  for  which  it  was  enacted. 

Among  the  important  duties  assigned  you,  by  the  constitution,  there 
is  no  one  that  calls  for  the  exercise  of  a  sounder  discretion,  and  a  more 
pure  devotion  to  the  public  interest,  than  that  of  appointing  to  the  sev- 
eral offices  prescribed  by  law.  The  honor  of  the  state,  the  peace,  the  har- 
mony and  security  of  the  citizens,  all  require  that  no  other  considerations 
should  be  taken  into  the  account,  but  such  as  relate  particularly  to  the 
moral  character  of  the  candidate,  and  to  his  qualifications  to  discharge  the 
duties  of  the  office.  This  course  would  be  honorable  to  the  general  assem- 
bly, aud  would,  it  is  believed,  have  a  powerful  tendency  to  allay  the  spirit 
of  party,  which  unfortunately  prevails.  In  the  early  stages  of  our  republi- 
can form  of  government,  different  degrees  of  faith  in  its  stability,  and  a 
difference  of  opinion  with  respect  to  the  legitimate  application  of  its 
powers,  were  to  be  expected.  But  the  experience  of  half  a  century  has 
dissipated  all  doubts  of  its  stability,  and  has  pretty  clearly  pointed  out 
the  general  policy,  and  the  great  objects  of  national  interest,  to  which  the 
powers  of  government  ought  to  be  directed.  Although  the  politicians  of 
some  of  our  sister  states  have  contended  for  a  very  limited  construction 
of  the  powers  conferred  by  the  constitution  of  the  United  States,  yet,  in 
this  state,  so  far  as  my  observation  has  extended,  there  has  been  a  very 
general  unanimity  of  sentiment  in  favor  of  the  liberal  construction  of 
that  instrument,  which  has,  for  many  years  past,  been  adopted  and  ap- 
plied by  the  general  government.  If  we  are  agreed  as  to  the  principles 
and  measures  of  the  government,  it  is  difficult  to  perceive  any  substan- 
tial cause  for  the  existence  of  political  division.  It  is,  therefore,  most 
sincerely  to  be  hoped,  that  a  spirit  of  moderation  and  candor  will  preside 
in  our  councils  ;  that  the  public  good  will  be  held  paramount  to  every 
other  consideration  ;  and  that  there  will  be  an  union  of  exertion  to  pro- 
mote harmony  and  good  feeling  among  our  fellow-citizens. 

The  peace,  prosperity  and  respectability  of  a  community  depend,  es- 
sentially, on  the  morality,  good  order  and  industry  of  the  members  of 
that  community.  Every  measure  which  will  have  a  tendency  to  pro- 
mote such  a  desirable  state  of  society,  is  a  proper  subject  for  your  con- 
sideration. Among  the  causes  which  tend  to  impair,  if  not  to  destroy 
it,  a  free  indulgence  in  the  use  of  spirituous  liquors  holds  a  prominent 
place.  The  fruits  of  it  are  a  waste  of  time  and  money,  and  often  intem- 
perance, the  parent  of  almost  every  vice.  The  general  prevalence  of 
this  evil  has  attracted  the  attention  of  the  friends  of  virtue,  morality  and 
religion,  and  praiseworthy  exertions  are  making  to  arrest  its  progress. 
The  facilities  allowed  by  our  laws  to  the  procuring  of  licenses,  have  had 
a  tendency  to  spread  the  temptation  to  this  indulgence  over  every  part 
of  our  country.  Whilst  these  remain,  it  is  very  much  to  be  feared  that 
no  individual  or  associated  exertion  will  be  able  to  eradicate  the  evil.  I 
therefore  respectfully  recommend  the  enquiry,  whether  a  higher  assess- 
ment on  licenses  for  retailing  spirits,  and  a  repeal  of  the  eighth  section 
of  the  act  directing  the  mode  of  obtaining  licenses,  and  regulating  inns 
and  houses  of  public  entertainment,  would  not,  by  diminishing  the  means 
of  obtaining  spirituous  liquors,  be  promotive  of  the  cause  of  morality  and 
good  order. 

The  demoralizing  effects  of  the  practice,  so  general,  with  officers  of  the 
militia,  of  treating  their  companies  with  spirits,  on  training  days,  has 
been  witnessed,  by  many,  with  regret.  This  practice  has  been  of  so  long 
standing  that  few  officers  are  disposed  to  risk  their  popularity  by  adopt- 
ing a  different  course.  It  imposes  a  heavy  and  unnecessary  burden  upon 
the  officers,  without  any  adequate  benefit  to  the  companies,  but  often  the 


Appendix  A.  465 

reverse — causing  frequent  instances  of  intemperance,  profanity  and 
strife.  It  is  believed  that  a  law  prohibiting  this  practice,  would  be 
very  acceptable  to  the  orderly  "portion  of  our  citizens. 

At  the  last  session  the  superintendent  of  the  state  prison  was  directed 
to  make,  and  lay  before  the  present  legislature,  an  estimate  of  the  prob- 
able expense  of  so  altering  or  enlarging  the  state  prison  that  it  shall  con- 
tain at  least  one  hundred  and  forty  cells.  This  direction  was  given  with 
a  view  of  making  such  alterations  in  the  internal  arrangements  of  the 
buildings  as  would  admit  of  the  introduction  of  a  more  perfect  system  of 
prison  discipline.  The  prison  was  constructed  according  to  the  most 
approved  plan  known  at  the  time  of  its  erection.  And  so  far  as  the  secu- 
rity and  labor  of  the  convicts  were  contemplated,  it  appears  to  have  ful- 
filled the  expectations  formed  at  that  time.  But  the  primary  object  of 
punishment  is  to  produce  a  more  beneficial  result — the  reformation  of 
the  convict.  To  ascertain  the  best  method  to  effect  this  benevolent  and 
humane  object,  has  engaged  the  attention  of  many  of  our  most  enlight- 
ened citizens,  who  have  devoted  their  time  and  their  money  to  the  pros- 
ecution of  the  inquiry.  Most  of  the  prisons  in  the  different  states  have 
been  examined;  and  the  different  kinds  of  discipline,  and  their  effects  on 
the  convicts  noted,  and  carefully  compared.  These  examinations  have 
resulted  in  a  perfect  conviction,  that  much,  if  not  the  only  prospect  of 
success,  depends  on  the  internal  construction  of  the  building.  In  our 
prison,  the  cells  are  so  few  in  number,  that  it  has  been  necessary  to  con- 
fine two  or  more  in  a  cell — often  the  hardened  villain  with  the  youthful 
offender;  giving  them  an  opportunity  for  conversation  through  the 
night — to  recount  over  their  deeds  of  wickedness — the  means  used  to 
circumvent  the  unsuspecting,  and  to  form  plans  for  future  depredations 
on  society.  In  these  schools  of  wickedness,  the  young  are  instructed  in 
the  whole  science  of  knavery;  and,  when  released,  return  into  society 
with  greater  ability  for  mischief.  It  has  been  found,  by  experience,  that 
by  confining  the  convicts  in  separate  cells,  so  that  when  they  leave  their 
work-shops,  they  can  hold  no  communication  with  each  other,  and  kept 
in  silence  and  solitude,  under  a  never-ceasing  supervision  and  inspec- 
tion, these  evils  have  been  prevented.  In  the  solitude  of  their  cells, 
they  have  much  time  for  reflection,  and  are  rendered  peculiarly  suscep- 
tible to  instruction  in  moral  and  religious  principles.  In  several  of  the 
state  prisons,  Sabbath  Schools  have  been  introduced,  and  with  the  hap- 
piest effect.  Those  who  could  read,  have  been  supplied  with  Bibles; 
and,  in  some  instances,  those  who  could  not,  have  been  taught  to  read. 
If  the  contemplated  alterations  should  be  made  in  our  state  prison,  and 
a  proper  course  of  discipline  maintained,  there  are  strong  grounds  to  be- 
lieve that  a  large  portion  of  that  unfortunate  class  of  human  beings  may 
be  reclaimed  and  restored  to  society;  and,  by  their  industry  and  good 
conduct,  make  amends  for  their  former  misdeeds. 

In  the  month  of  June,  I  received  a  communication  from  Captain  Gra- 
ham,1 of  the  corps  of  Topographical  Engineers,  stating  that  he  had  ar- 
rived at  Montpelier,  with  three  assistants,  and  with  directions  from  the 
Engineer  Department  to  continue  the  surveys  and  examinations  in  this 
state,  with  a  view  to  the  connection  of  the  waters  of  lake  Champlain  and 
the  river  Connecticut,  through  the  valley  of  Onion  river.  As  the  engi- 
neers were  necessarily  unacquainted  with  the  topography  of  the  country 
to  be  explored,  and  the  object  entrusted  to  them  being  of  general  inter- 
est, I  thought  it  my  duty  to  designate  some  person,  who  had  a  general 
knowledge  of  the  country  to  be  explored,  to  act  as  agent  in  behalf  of  the 
state.     I  accordingly  requested  Joshua  Y.  Vail  Esq.,  who  had  been 

1  James  D.  Graham,  appointed  Colonel  of  Engineer  Corps  June  1, 1863. 
30 


466  Appendix  A. 

represented  to  me  as  well  qualified  to  perform  these  services,  to  procure 
for  the  engineers  such  information  as  would  aid  them  in  the  discovery  of 
the  most  practicable  route;  and,  so  far  as  it  might  be  necessary,  to  ac- 
company them  in  their  examinations.  Mr.  Vail  has  performed  these 
services;  and  as  there  is  no  legal  provision  for  compensation  in  such 
cases,  his  account  will  be  laid  before  you;  and  I  trust  you  will  feel  dis- 
posed to  make  him  such  reasonable  compensation  as  his  services  have 
merited.1 

I  have  received  communications  from  the  executives  of  several  of  our 
sister  states,  which  will  be  laid  before  you.  Among  these  are  some 
which,  from  the  importance  of  the  subjects  to  which  they  relate,  and  the 
high  degree  of  excitement  elicited  by  these  subjects,  in  some  sections  of 
our  country,  it  is  considered  proper  to  notice  more  particularly.  These 
communications  comprise  certain  resolutions  passed  by  the  legislature 
of  South  Carolina,  denying  the  constitutional  power  of  congress  to  regu- 
late duties  on  imports,  for  the  purpose  of  encouraging  domestic  indus- 
try ;  to  construct  roads,  or  roads  and  canals,  in  the  states,  for  the  pur- 
pose of  internal  improvement ;  or  in  any  way  to  patronize,  or  direct 
appropriations  for  the  benefit  of  the  American  Colonization,  or  any 
other  Society.  These  resolutions  are  accompanied  by  an  exposition  of 
the  injurious  effects  of  the  tariff  upon  the  interest  and  prosperity  of  the 
agricultural  states.  Also,  a  report  adopted  by  the  legislature  of  Georgia, 
in  which  the  principles  advanced  in  the  resolutions  of  South  Carolina  are 
recognized.  This  report,  also,  is  accompanied  by  a  memorial  on  the 
subject  of  the  tariff,  addressed  to  the  anti-tariff  states,  and  a  remon- 
strance to  the  states  in  favor  of  the  tariff.  Also  a  report  and  resolutions 
adopted  by  the  general  assembly  of  Virginia,  on  the  resolutions  of  South 
Carolina  and  Georgia,  supporting  the  constitutional  construction  main- 
tained by  those  states,  so  far  as  they  relate  to  the  powers  of  Congress  to 
*  •   — — — — — — — , 

1  Joshua  Y.  Vail  Esq.  of  Montpelier  received  from  the  state  $68.25, 
and  John  McDuffie  Esq.  of  Bradford  $154,  for  aiding  and  assisting  the 
U.  S.  engineers  "in  examining  and  surveying  a  canal  route  from  Onion 
river  in  Montpelier,  across  the  heights  to  Connecticut  river,  by  the  way 
of  Wells  river."  — See  Acts  of  1829,  p.  32.  Although  this  and  other 
surveys  demonstrated  the  impracticability  of  canals  across  the  Green 
Mountains,  they  served  a  valuable  purpose  in  indicating  the  feasibility 
of  railroads.  A  few  weeks  after  receiving  his  pay  for  assisting  in  the 
survey  for  a  canal  in  1829,  Mr.  McDuffie  published  two  articles  in  the 
Vermont  Watchman  &  State  Gazette,  affirming  the  feasibility  of  a  rail- 
road from  Boston  to  Ogdensburgh,  via  Concord  and  Plymouth,  N.  H., 
Bradfoid  and  Montpelier,  Vt.,  to  Lake  Champlain,  and  from  the  lake  to 
Ogdensburgh.  Mr.  McDuffie  was  a  surveyor  of  high  repute  in  Ver- 
mont and  New  Hampshire,  and  the  fact  above  stated  indicates  that  he 
deserved  high  reputation.  In  preparation  for  the  first  survey  of  the 
Montpelier  and  Wells  Kiver  Railroad,  the  editor  of  these  volumes  pro- 
cured, for  the  use  of  the  engineer,  from  Col.  Graham,  who  was  then  at 
the  head  of  the  U.  S.  Topographical  department,  the  last  copy  in  his 
possession  of  his  survey  and  profiles  of  the  canal  route  from  Montpelier 
to  Wells  River  village.  The  Montpelier  and  Wells  River  Railroad,  at 
the  summit,  now  passes  a  very  few  rods  south  of  Col.  Graham's  canal 
line  of  1828. 


Appendix  A.  467 

pass  laws  for  the  encouragement  of  domestic  manufactures.  And  also  a 
report  and  resolutions,  adopted  by  the  legislature  of  the  state  of  Mis- 
souri, denying  the  constitutional  power  of  congress  to  appropriate  mon- 
ies for  the  purpose  of  aiding  the  American  Colonization  "Society.  These 
resolutions  and  documents  have  been  transmitted  to  me,  by  the  execu- 
tives of  those  states,  with  the  request  that  they  be  laid  before  the  gen- 
eral assembly  of  this  state.  These  communications  are  written  with 
great  ability,  and  relate  to  subjects  intimately  connected  with  the  great 
interests  and  prosperity  of  our  country  :  and  being  the  deliberative  acts 
of  the  legislatures  of  four  respectable  members  of  our  national  confed- 
eracy, are  entitled  to  all  that  attention  and  consideration  which  is  due 
to  the  importance  of  the  subjects,  and  to  the  high  sources  from  which 
they  have  emanated. 

In  conformity  to  the  act  providing  for  the  publication  of  the  reports  of 
the  supreme  court,  passed  at  the  last  session  of  the  general  assembly,  I 
appointed  James  Davis,  Esq.,  to  prepare,  and  cause  to  be  printed  and 
bound,  five  hundred  copies  of  the  reports  of  cases,  decided  by  the  su- 
preme court,  during  the  year  ending  on  the  first  of  October,  1828.  By 
reason  of  the  ill  health  of  the  chief  justice,  and  the  delay  in  making  out 
the  reports,  by  some  of  the  others,  the  printing  of  them  was  not 
commenced  so  early  as  would  have  been  desirable.  But  I  have  been 
assured  that  a  volume,  consisting  of  five  hundred  pages,  will  have  been 
printed  and  placed  in  the  hands  of  the  book-binder,  by  the  tenth  of  the 
present  month.  A  few  copies  will,  soon  after  that  time,  be  delivered  at 
this  place;  and  the  remainder  may  be  expected  before  the  close  of  the 
present  session. 

By  a  resolution  passed  at  the  last  session  of  the  general  assembly,  it 
was  made  my  duty  to  request  the  governor  of  Lower  Canada  to  cause  to 
be  removed  the  obstructions  across  the  river  at  the  outlet  of  lake  Mem- 
phremagog,  so  that  the  water  in  said  lake  may  be  reduced  to  its  former 
height.  1  took  the  earliest  opportunity  to  confer  with  some  of  the  pro- 
prietors of  the  lands,  represented  to  be  injured,  and  requested  them  to 
procure  the  affidavits  of  some  respectable  persons,  who  were  acquainted 
with  the  lands,  before  the  waters  were  raised,  to  ascertain  the  quantity 
damaged,  the  amount  of  damage,  and  the  effect  produced  by  raising  the 
waters,  on  the  health  of  the  inhabitants  living  in  the  vicinity  of  the  lake. 
It  appeared  to  me  both  proper  and  necessary,  that  evidence  of  these 
facts  should  accompany  my  application  to  the  governor  of  Canada. 
After  several  months  had  elapsed,  and  the  proprietors  not  having  com- 
plied with  my  request,  I  appointed  a  special  agent,  with  instructions  to 
procure  the  affidavits  of  such  persons  as  he  should  discover  to  possess  a 
knowledge  of  these  facts.  But,  for  reasons  unknown  to  me,  I  have  not 
received  any  return  from  the  agent;  and  nothing  further  has  been  done. 
If  the  general  assembly  shall  not  otherwise  direct,  I  shall  continue  my 
endeavors  to  effect  the  object  of  the  resolution. 

I  would  respectfully  invite  your  attention  to  the  alterations  in  the  act 
relating  to  common  schools;  and  to  the  several  acts  regulating  particu- 
lar land  taxes,  which  I  had  the  honor  to  propose  at  the  last  session,  and 
which  remain  undisposed  of. 

I  shall  most  cheerfully  co-operate  with  you,  gentlemen,  in  the  per- 
formance of  our  public  duties;  and  may  that  Being,  who  appoints  the 
destinies  of  nations,  direct  us  to  the  adoption  of  such  measures  as  will 
secure  the  lasting  prosperity  of  the  state.  Samuel  C.  Crafts. 

Montpelier,  October  9th,  1829. 


468  Appendix  A. 

Speech  of  Gov.  Crafts— 1830.1 

Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representa- 
tives:— In  reviewing  the  internal  concerns  of  the  State,  for  the  year  past, 
our  attention  cannot  be  withheld  from  noticing  the  general  comfort  and 
prosperity,  that  prevail.  Under  the  protecting  care  of  a  kind  Provi- 
dence, our  citizens  have  enjoyed  a  good  degree  of  health,  and  the  prod- 
uce of  the  year  is  believed  to  be  amply  sufficient  for  their  subsistence; 
good  order  and  an  increasing  attention  to  education  and  good  morals 
have  prevailed;  our  civil  and  religious  privileges  have  been  preserved, 
and  every  man  has  been  left  free  to  pursue  his  own  happiness,  in  the 
manner  most  agreeable  to  his  inclination,  and  not  inconsistent  with  the 
rights  and  happiness  of  others.  To  this  general  prosperity  we  have  to 
lament  that  there  are  some  painful  exceptions.  The  uncommon  rains 
in  the  month  of  July  last  have,  in  some  sections  of  the  State,  caused  the 
destruction  of  a  very  large  amount  of  property,  both  public  and  private, 
as  well  as  the  lives  of  several  of  our  fellow-citizens;  and,  in  some  towns, 
in  addition  to  individual  losses,  the  cost  of  repairing  the  roads  and  build- 
ing the  bridges  will  prove  so  burdensome  as  to  give  them  strong  claims 
upon  their  fellow-citizens  for  aid. 

In  governments  founded  by  the  people  for  the  security  of  their  per- 
sons, their  property  and  their  privileges,  the  meeting  of  their  represent- 
atives will  ever  be  viewed  with  the  most  lively  interest;  for,  coming 
from  every  part  of  the  government,  they  must  necessarily  possess  a 
knowledge'  of  all  the  wants  as  well  as  the  wishes  of  their  constituents. 
As  no  human  wisdom  can  devise  a  code  of  laws,  which  will  permanently 
apply  to  the  ever-varying  interests  and  pursuits  of  civilized  man,  fre- 
quent meetings  of  the  legislature,  therefore,  become  indispensably  nec- 
essary, to  examine  the  operation  of  the  laws  on  the  various  subjects,  to 
which  they  apply; — to  rescind  such  as-  are  unnecessary,  or  have  proved 
oppressive  in  their  application,  and  to  provide  such  others,  as  the  vari- 
ous circumstances  of  the  community  may  render  necessary.  Neverthe- 
less, a  system  of  legal  provisions,  whose  application  has  been  settled  by 
long  usage,  should  be  approached  with  great  caution,  and  should  be 
altered  only  upon  mature  deliberation  and  a  full  conviction  that  the  pub- 
lic interest  would  be  essentially  promoted  by  the  alteration. 

Our  system  of  jurisprudence  had  its  origin  in  a  foreign  country,  and 
in  the  ages  of  antiquity,  when  the  civil  and  political  rights  of  man  were 
imperfectly  understood,  and  but  little  regarded  ;  being  modified  so  as  to 
conform  to  our  free  institutions,  we  have  adopted  it  as  our  own,  and,  as 
modified,  it  is,  with  few  exceptions,  admirably  calculated  to  protect  the 
rights  and  interests  of  the  community.  That  feature  in  our  code,  which 
authorizes  imprisonment  for  debt,  when  there  is  no  appearance  of  fraud, 
seems,  however,  not  to  be  in  accordance  with  the  improvements  in 
jurisprudence,  nor  in  unison  with  the  spirit  of  the  age  ;  and  public 
opinion  calls  loudly  for  its  removal.  This  subject  has  heretofore  occu- 
pied the  attention  of  the  legislature  ;  but  as  their  deliberations  were 
directed  principally  to  cases  occurring  under  debts  already  contracted, 
so  many  difficulties  presented  themselves  in  framing  a  law,  that  should 
benefit  the  debtor  without  infringing  upon  the  rights  of  the  creditor, 
that  no  measures  were  finally  adopted.  With  respect  to  debts  con- 
tracted under  the  existing  laws  of  the  state,  and  with  a  full  knowledge 
of  the  means,  provided  by  those  laws,  to  ^enforce  the  payment,  it  is 
believed  that  no  alteration,  essentially  benefiting  the  debtor,  can  be 
made,  without  violating  that  provision  of  the  constitution  of  the  United 

1  From  the  printed  Assembly  Journal  of  1830. 


Appendix  A.  469 

States,  which  declares  that  no  state  shall  pass  any  law  impairing  the  ob- 
ligation of  contracts.  But  to  pass  a  law  to  exempt  the  bodies  of  debtors 
from  arrest  and  imprisonment,  on  all  contracts  to  be  entered  into  after  the 
passage  of  such  act,  is  deemed  to  be  completely  within  the  constitutional 
powers  of  the  Legislature.  The  only  question  that  can  arise  is  the 
expediency  of  the  measure.  It  might  have  a  tendency  to  diminish  the 
general  credit  which  prevails  through  the  state  ;  and  should  such  even 
be  the  case,  it  is  believed  the  effect  would  be  beneficial,  rather  than 
prejudicial  to  the  community.  The  subject  is  respectfully  recommended 
to  your  consideration. 

The  education  of  our  youth  is  a  subject  always  deserving  the  attention 
of  the  Legislature.  In  communities,  where  people  elect  their  rulers, 
and,  in  effect,  dictate  and  control  the  general  policy,  the  measures  and 
the  laws,  that  shall  exist  in  such  communities,  a  more  general  diffusion 
of  information,  a  more  correct  knowledge  of  their  rights  and  their 
duties,  is  required  than  under  any  other  form  of  government.  No 
person,  who  does  not  understand  the  nature  and  genius  of  our  insti- 
tutions, nor  duly  appreciates  the  inestimable  value  of  our  civil  and 
religious  privileges,  the  necessity  of  good  order,  and  a  due  subordination 
to  the  laws,  is  qualified  for  self-government.  Such  men  often  are,  and 
always  may  be  the  instruments,  in  the  hands  of  aspiring  men,  of  acquir- 
ing power,  or  of  accomplishing  some  favorite  measures  for  their  own 
advantage.  If  our  liberties  be  ever  subverted,  it  will  be  effected  through 
the  agency  of  the  uninformed  and  unreflecting  portion  of  our  popula- 
tion, guided  and  directed  by  unprincipled  and  designing  men.  Such 
has  been  the  fate  of  most  of  the  republics  which  have  preceded  ours  ; 
and  nothing  will  prevent  our  own  from  a  similar  fate,  but  a  general 
diffusion  of  virtue  and  intelligence  among  our  citizens.  The  mode  of 
instruction,  adopted  in  our  common  schools,  and,  in  some  degree,  in 
those  of  a  higher  order,  is  directed,  more  to  the  improvement  of  the 
faculties,  than  to  form  and  fix  the  character  of  our  youth.  To  qualify 
them  to  perform  the  high  and  responsible  duties  of  freemen,  our  youth, 
in  addition  to  the  usual  course  of  instruction,  should  be  instructed,  also, 
in  the  principles  of  our  free  institutions,  in  the  social  relations  and 
duties,  in  a  love  of  country,  of  order,  morality  and  religion,  and  in  what- 
ever shall  tend  to  establish  correct  habits  and  principles.  With  a  popu- 
lation thus  educated,  the  liberties  of  our  country  will  be  safe,  and  will 
be  transmitted  to  successive  generations,  in  all  their  purity.  If  such 
important  results  depend  upon  education,  it  becomes  our  imperious  duty 
not  only  to  provide  the  means,  but  to  direct  the  application  of  them  in 
such  a  manner,  as  will  tend  to  render  our  youth  virtuous,  useful  and 
happy. 

The  State  of  Vermont,  possessing  a  salubrious  climate,  a  productive 
soil,  much  mineral  wealth,  an  immense  amount  of  water  power,  and  an 
industrious,  enterprising  and  intelligent  population,  seems  destined  to 
become,  when  her  natural  resources  shall  be  fully  developed,  a  very  im- 
portant member  of  our  great  family  of  states.  "But,  at  present,  she  is 
subjected  to  some  serious  inconveniences,  which  not  only  retard  her  in 
her  growth,  but  so  sensibly  affect  the  interests  of  her  inhabitants,  that 
numbers  are  daily  emigrating  to  other  states,  where  these  inconvenien- 
cies  do  not  exist,  or  are  less  felt.  Situated  at  a  distance  from  the  sea- 
board, she  can  have  no  participation  in  the  commerce  with  foreign  na- 
tions; her  attention  must  necessarily  be  turned  to  the  improvement  of 
her  internal  resources.  Like  the  inhabitants  of  all  newly  settled  coun- 
tries, the  employment  of  our  citizens  has  been  confined  chiefly  to  agri- 
culture, and  to  the  production  of  such  articles  as  require  but  small  capi- 
tal; and  our  surplus  production  has  found  a  market  only  in  the  commer- 


470  Appendix  A. 

cial  towns  of  other  states,  where  they  are  exchanged  for  such  articles  as 
our  necessities  or  fancies  may  require.  These  markets  are  distant  from 
our  inhabitants,  from  one  hundred  to  two  hundred  miles;  and  the  aggre- 
gate cost  to  the  state  for  transportation  has  been  estimated  to  amount  to 
several  hundred  thousand  dollars,  annually.  Such  estimates,  from  the  diffi- 
culty of  obtaining  correct  data,  cannot  be  made  with  great  accuracy;  but, 
whatever  may  be  the  amount,  it  is,  so  far,  an  actual  tax  upon  production. 
In  other  words,  those,  who  live  in  the  vicinity  of  the  markets,  obtain  as 
much  for  their  productions  as  our  citizens  obtain  for  similar  productions, 
including  the  cost  of  transporting  them  to  market;  to  which  may  also  be 
added  the  cost  of  transporting  home  those  articles  of  necessity  or  con- 
venience, for  which  our  productions  are  exchanged.  Besides,  under 
the  present  condition  of  our  roads,  the  more  bulky  products  of  agricult- 
ure, of  our  forests,  and  our  mountains,  excepting  so  much  as  are  neces- 
sary for  the  use  of  our  inhabitants,  are  valueless.  The  inhabitants  of  that 
portion  of  the  state,  which  is  situated  in  the  vicinity  of  lake  Champlain, 
through  the  enlightened  policy  and  enterprise  of  a  neighboring  state, 
have,  in  a  great  measure,  been  relieved  from  the  burden,  which  bears  so 
heavily  on  the  greater  part  of  the  State,  and  is,  perhaps,  felt  the  more 
sensibly  by  the  comparison. 

These  disadvantages  can  be  obviated  only  by  the  creation  of  some 
easier  and  cheaper  mode  of  transportation  from  the  different  sections  of 
the  State  to  the  market  towns.  For  what  is  saved  in  the  cost  of  trans- 
portation will  be  added  to  the  value  of  our  products.  The  same  causes 
which  operate  so  unfavorably  to  our  agriculture,  will  also  prevent  the 
establishment  of  manufactures,  to  any  considerable  extent.  The  prin- 
cipal manufacturing  establishments  of  our  country  have  been,  and,  to  be 
profitable,  ever  must  be,  located  in  those  places  which  possess  the 
greatest  facilities  for  transporting  the  raw  materials,  provisions,  and 
manufactured  articles.  If  some  safe,  cheap  and  expeditious  means  of 
communication  with  the  market  towns  be  constructed,  no  part  of  the 
Union  would  offer  more  eligible  situations  for  some  branches  of  manu- 
factures than  Vermont.  The  effect  of  such  establishments  would  be,  to 
create  a  home  market  for  our  provisions,  and  raw  materials,  to  increase 
our  population,  to  render  more  valuable  the  products  of  our  labor,  and, 
consequently,  to  increase  the  means  for  comfort  and  happiness.  But 
until  some  cheaper  mode  of  communication  shall  be  effected,  we  cannot 
reasonably  expect  any  considerable  amount  of  capital  to  be  invested  in 
manufactures,  nor  the  condition  of  our  inhabitants  to  be  materially  im- 
proved. Although  the  resources  of  the  State,  if  gradually  applied, 
might  do  much  towards  the  improvement  of  the  means  of  communica- 
tion within  our  own  limits,  yet,  to  extend  them  through  the  intervening 
states  to  the  market  towns,  would  require  very  substantial  aid  from 
some  other  source.  It  would  be  decidedly  an  object  of  such  general 
interest  as  to  come  clearly  within  the  rule  adopted  by  Congress,  in 
making  appropriations  for  roads  and  canals  in  other  States.  In  all 
which  works,  Vermont,  although  paying  into  the  national  treasury 
nearly  half  a  million  dollars  annually,  has  received  no  benefit,  excepting 
so  far  as  those  works  may  have  added  to  the  aggregate  wealth  and  re- 
sources of  the  nation.  If  a  full  representation  of  all  these  circumstances 
were  made,  we  might,  with  confidence,  expect  that  Congress,  upon  the 
same  principles,  on  which  it  has  granted  aid  to  other  states,  would  be 
disposed  to  afford  also  very  liberal  aid  towards  the  accomplishment  of 
an  object  of  such  general  utility,  and  so  essential  to  the  interests  of  this 
State. 

I  have  felt  it  my  duty  to  submit  these  remarks,  not  with  a  view  that 
works  of  such  magnitude  can  be  immediately  commenced,  but  as  a 


Appendix  A.  471 

subject  of  examination  and  inquiry.  I  would,  however,  suggest  the 
propriety  of  an  expression  of  the  opinion  of  the  General  Assembly  upon 
the  constitutionality  and  expediency  of  applying  the  surplus  revenue  of 
the  General  Government,  after  the  public  debt  shall  be  discharged,  to 
objects  of  internal  improvement,  within  the  several  states,  in  the  ratio 
of  their  representation. 

In  offering  these  views  I  have  not  considered  it  necessary  to  express 
any  opinion,  as  to  the  particular  kind  of  improvement,  which  would 
prove  most  beneficial,  whether  by  canals,  railroads,  or  by  rendering  more 
practicable  the  navigation  of  our  rivers,  nor  to  designate  the  commer- 
cial towns  to  which  they  should  lead.  All  these  circumstances  must 
necessarily  depend  upon  the  opinion  of  those  individuals,  or  public 
bodies,  who  may  be  disposed  to  furnish  the  necessary  funds. 

By  a  resolution  of  the  General  Assembly,  passed  October  24th,  1828, 
it  became  my  duty  to  request  the  Governor  of  Lower  Canada  to  cause 
the  obstructions  across  the  river,  at  the  outlet  of  lake  Memphremagog, 
to  be  removed,  so  that  the  water  in  said  lake  might  be  reduced  to  its 
former  height.  Various  causes  operated  to  delay  an  application  to  the 
Governor  of  Canada  until  the  month  of  January  last;  at  which  time, 
having  obtained  the  necessary  information  relating  to  the  injury  occa- 
sioned by  raising  the  waters  of  the  lake,  I  commenced  a  correspondence 
with  the  Governor  of  Canada  upon  the  subject.  In  his  reply  he  informed 
me  he  would  cause  an  examination  to  be  made,  and,  in  case  the  repre- 
sentations should  be  confirmed,  there  would  be  every  disposition,  on  his 
part,  to  effect  a  remedy.  Accordingly  in  the  month  of  June  last,  I  re- 
ceived a  communication  notifying  me  that  he  had  deputed  a  competent 
person  to  repair  to  the  lake  for  the  purpose  of  carefully  examining  and 
reporting  upon  the  effect  produced  by  raising  the  waters,  and  signifying 
a  desire  that  the  person,  so  deputed,  might  be  accompanied,  in  the  ex- 
amination, by  an  agent  on  behalf  of  this  State.  I  therefore  authorized 
James  A.  Paddock,  Esquire,  a  gentleman  possessing  the  necessary  qual- 
ifications, to  proceed  to  the  outlet  of  the  lake,  and,  after  viewing  the  ob- 
structions at  that  place,  to  accompany  the  person  appointed  by  the  Gov- 
ernor of  Canada  to  the  head  of  the  lake,  and  to  furnish  him  with  such 
facilities  and  information  as  would  enable  him  to  obtain  a  correct  knowl- 
edge of  the  damages  occasioned  by  raising  the  waters  above  their  natu- 
ral level.  This  examination  has  been  made,  and  I  ana  informed  by  a 
late  communication  from  the  Governor  of  Lower  Canada,  that  the  exam- 
ination had  so  far  confirmed  the  representations  made  to  him,  that  he  had 
directed  the  Attorney  General  of  the  Province  to  take  the  necessary 
legal  measures  to  cause  the  obstructions  to  be  removed.  In  the  per- 
formance of  this  duty  I  have  been  under  the  necessity  of  incurring  the 
expense  of  sending  an  agent  to  the  lake  to  assist  in  the  examination. 
As  these  services  were  considered  necessary,  it  is  presumed  the  General 
Assembly  will  feel  disposed  to  allow  the  agent  a  reasonable  compensa- 
tion 

Among  the  subjects,  which  will  require  the  attention  of  the  General 
Assembly,  during  the  present  session,  is  the  election  of  a  Senator  to  rep- 
resent this  state  in  the  Senate  of  the  United  States,  for  the  term  of  six 
years  from  and  after  the  third  day  of  March  next,  in  the  place  of  the 
Hon.  Dudley  Chace,  whose  term  of  service  will  expire  at  that  time. 

There  have  been  forwarded  to  my  care,  by  the  direction  of  the  Secre- 
tary of  War,  one  hundred  and  seven  copies  of  Abstracts  of  Artillery 
Tactics,  and  twelve  hundred  and  ninety-six  copies  of  Abstracts  of  In- 
fantry Tactics.  There  have  been  also  forwarded  by  the  Secretary  of 
State  two  hundred  and  ten  copies  of  the  laws  passed  at  the  first  session 
of  the  twenty-first  Congress.     These  books  have  been  committed  to  the 


472  Appendix  A. 

custody  of  the  Librarian  and  are  subject  to  the  disposition  of  the  Gen- 
eral Assembly.  I  have  also  received  communications  from  the  Execu- 
tives of  several  of  our  sister  states,  which  will  seasonably  be  laid  be- 
fore you. 

Gentlemen,  In  all  our  deliberations,  let  us  look  for  assistance  to  that 
Being  who  is  able  to  direct  them  to  such  results,  as  will  insure  the  best 
interests  of  our  fellow-citizens.  Samuel  C.  Crafts. 

Montpelier,  October  20th,  1830. 


APPENDIX  B, 


PROPOSED    AMENDMENTS    TO    THE    CONSTITUTION    OF 
THE  UNITED  STATES,  &c. 


Gen.  Andrew  Jackson— Congressional  Presidential  Caucuses 

—The  Monroe  Doctrine— Emancipation  of  Slaves  by 

Colonization. 

Oct.  30, 1824,  communications  from  sundry  States  were  referred  to  a 
committee  of  the  General  Assembly,  consisting  of  Robert  Temple,  Elias 
Keyes,  Isaac  N.  Cushman  and  Lyman  Fitch.  The  following  introduc- 
tion to  and  report  of  this  committee  sufficiently  set  forth  the  matters 
considered,  and  the  opinions  of  the  Assembly  so  far  as  expressed  : 

The  select  committee  raised  on  the  resolution  introduced  by  Mr. 
[Stephen]  Haight,1  on  the  30th  Oct.  referring  a  certain  resolution  from 
the  state  of  Alabama,  recommending  Gen.  Andrew  Jackson  as  a  suitable 
person  to  succeed  James  Monroe  as  President  of  the  United  States  ; 
and  also  referring  a  communication  from  the  state  of  Tennessee,  enclosing 
certain  resolutions  adopted  by  the  legislature  of  said  state,  disapproving 
of  the  practice  of  Congressional  nominations  of  persons  to  be  voted  for 
as  President  and  Vice  President  of  the  United  States  ;  also  a  communi- 
cation from  the  state  of  Mississippi,  enclosing  a  resolution  by  the  legis- 
lature of  said  state,  approbating  the  policy  avowed  by  the  President  of 
the  United  States,  in  his  message  to  Congress  dated  the  second  day  of 
December  1823,  declaring  "  that  the  United  States  would  consider  any 

1  Stephen  Haight  was  a  self-educated  man,  of  quick  apprehension, 
and  ardent  in  all  his  undertakings.  He  represented  Monkton  in  the 
General  Assembly  1812  until  1823,  and  in  1824  and  1831,  and  was  an 
active  and  influential  member  ;  was  Judge  of  Addison  County  Court 
1818  until  1822,  and  Sheriff  of  Addison  County  1827  and  '8.  A  very 
ardent  Federalist,  he  could  not  forgive  John  Quincy  Adams  for  sup- 
porting a  Republican  administration  in  a  crisis  of  the  country.  Mr. 
Haight  therefore  joined  himself  to  the  friends  of  Gen.  Jackson,  by 
whom  he  was  made  Sergeant-at-Arms  of  the  United  States  Senate, 
which  office  he  held  until  his  death  in  Washington  city,  Jan.  12  1841, 
aged  58  years.  —  Vt.  Historical  Magazine,  Vol.  I,  p.  67  ;  and  Deming's 
Catalogue. 


474  Appendix  B. 

attempt  on  the  part  of  the  Holy  Alliance  [the  monarchies  of  Russia, 
Austria,  Prussia,  England  and  France,]  to  extend  their  system  to  any 
portion  of  this  hemisphere,  as  dangerous  to  our  peace  and  safety."  And 
also  a  communication  from  the  state  of  Ohio,  enclosing  certain  resolu- 
tions passed  by  the  legislature  of  said  state,  recommending  the  adoption 
of  a  system  providing  for  the  gradual  emancipation  of  the  people  of 
colour,  held  in  servitude  in  the  United  States,  by  foreign  colonization, 
and  corresponding  measures,  &c.  made  the  following  report,  viz. 

To  the  Hon.  General  Assembly  now  sitting:  The  committee  to  whom 
was  referred  that  part  of  the  governor's  speech  relating  to  certain  reso- 
lutions from  the  states  of  Ohio,  Mississippi,  Tennessee,  and  Alabama, 
report,  That  they  accord  in  opinion  with  the  sentiments  contained  in 
the  resolutions  from  Ohio  and  Mississippi  [on  slavery,  and  the  Monroe 
doctrine,]  but  as  the  powers  requisite  for  the  accomplishment  of  the 
objects  therein  contemplated  are  wholly  vested  in  the  general  govern- 
ment, they  consider  it  unnecessaiy  for  the  legislature  of  this  state  to 
adopt  any  measures  in  relation  thereto.  They  further  report,  that  it  is 
inexpedient  to  adopt  any  measure  or  express  any  opinion  upon  the 
resolutions  from  Tennessee  and  Alabama.  They  therefore  request  to  be 
discharged  from  the  farther  consideration  thereof.  All  which  is  respect- 
fully submitted.  R.  Temple,  for  Committee. 

Montpelier,  Nov.  8th,  1824. 

Which  report  was  read  and  concurred  in,  and  said  committee  was 
discharged  from  farther  consideration  of  the  same.1 


Resolutions  on  Slavery. 

For  resolution  on  a  proposition  of  Georgia,  relating  to  the  importation 
of  persons  of  color  into  the  United  States,  see  ante  p.  174. 

Resolutions  of  the  states  of  Ohio,  Illinois,  Indiana,  New  Jersey, 
Delaware,  Connecticut,  Georgia,  Mississippi,  and  Missouri,  on  slavery, 
having  been  referred  to  a  select  committee,  Samuel  C.  Crafts,  for  the 
committee,  reported  the  following  resolutions,  which  were  adopted  Nov. 
15, 1825: 

Resolved,  by  the  general  assembly  of  the  state  of  Vermont,  That 
slavery  is  an  evil  to  be  deprecated  by  a  free  and  enlightened  people;  and 
that  this  general  assembly  will  accord  in  any  measures  which  may  be 
adopted  by  the  general  government  for  its  abolition  in  the  United 
States,  that  are  consistent  with  the  rights  of  the  people  and  the  general 
harmony  of  the  states. 

Resolved,  That  his  excellency  the  governor  be  requested  to  transmit  a 
copy  of  the  foregoing  resolution  to  the  executive  of  the  several  states, 
&c.« 

1  Printed  Assembly  Journal  of  1824,  p.  193. 
*  Printed  Assembly  Journal  of  1825,  p.  197. 


Appendix  B.  475 

Proposed  amendments  to  the  Constitution  on  the  election 
of  President  and  Vice  President. 

In  General  Assembly  Nov.  11,  1826. 

The  select  committee,  raised  on  the  resolution  from  the  state  of  Ten- 
nessee, proposing  an  amendment  to  the  constitution  of  the  United 
States,  in  relation  to  the  mode  of  choosing  a  president  and  vice  president 
of  the  United  States — declaring  that  "each  state  shall  be  divided  into 
as  many  districts  as  may  be  equal  to  the  whole  number  of  senators  and 
representatives,"  &c. — and  that  "  the  persons  qualified  in  the  respective 
states  to  vote  for  the  most  numerous  branch  of  the  legislature  shall 
meet  and  vote  for  a  president  and  vice  president,"  &c.  passed  Nov.  25th, 
1825, — to  whom  also  was  referred  the  resolutions  from  the  states  of 
Maine  and  Indiana,  disapproving  of  said  proposed  amendment— and 
also  the  communications  from  the  states  of  Louisiana,  Kentucky,  and 
Mississippi,  relative  to  the  abolition  of  slavery,  and  also  relative  to  the 
importation  of  slaves  into  any  state  contrary  to  the  laws  thereof,  made 
the  following  report: 

To  the  Hon.  General  Assembly — The  committee  to  whom  was  referred 
the  communication  from  the  governor  of  the  state  of  Tennessee,  trans- 
mitting certain  proposals  ot  amendment  to  the  constitution  of  the  United 
States,  adopted  by  the  legislature  of  said  state,  together  with  communi- 
cations from  the  governors  of  the  states  of  Maine  and  Indiana,  with  the 
resolutions  adopted  by  those  states,  disapproving  of  the  same,  report, 
that  in  the  opinion  of  your  committee,  it  would  not  be  expedient  to 
amend  the  constitution  of  the  United  States  as  proposed  by  the  legisla- 
ture of  the  state  of  Tennessee.  They  therefore  recommend  to  the 
general  assembly  the  passage  of  the  accompanying  resolutions. 

Resolved,  by  the  general  assembly  of  the  state  of  Vermont,  that  the 
amendments  to  the  constitution  of  the  United  States,  proposed  by  the 
legislature  of  the  state  of  Tennessee,  on  the  25th  day  of  November,  A. 
D.  1825,  and  forwarded  to  the  governor  of  this  state,  are  not  approved. 

Resolved,  That  his  excellency  the  governor  be  requested  to  transmit  a 
copy  of  the  foregoing  resolution  to  the  executive  of  each  of  the  United 
States.1 

In  General  Assembly  Nov.  8, 1827. 

The  committee  raised  on  the  resolutions  from  the  states  of  Georgia 
and  Ohio,  proposing  an  amendment  to  the  constitution  of  the  United 
States,  made  the  following  report: 

To  the  General  Assembly,  now  sitting — Your  committee  to  whom  was 
referred  the  resolution  of  the  state  of  Georgia,  passed  the  22d  day  of  De- 
cember, A.  D.  1826,  so  to  amend  the  constitution  of  the  United  States  as 
will  prevent  the  election  of  president  from  devolving,  in  any  event,  upon 
the  house  of  representatives;  and  also  a  resolution  from  the  state  of 
Ohio,  passed  Jan.  30th,  A.  D.  1827,  disapproving  of  the  foregoing  reso- 
lution of  the  state  of  Georgia,  but  resolving  "  that  should  a  constitutional 
"  majority  of  the  states  composing  the  Union,  or  of  congress,  deem  it  ad- 
"  visable  so  to  amend  the  constitution  as  to  prevent  the  election  of  pres- 
"  ident  from  devolving  on  the  house  of  representatives,  they  will  use 
u  their  endeavors  to  promote  such  an  amendment  to  the  constitution  of 
11  the  United  States  as  will  authorise  all  free  white  male  citizens  of  the 
"United  States,  of  the  age  of  twenty-one  years,  to  vote  for  president  of 
"  the  United  States;  and  at  the  same  time,  to  vote  for  as  many  electors 
u  as  the  state  may  be  entitled  to  senators  anjd  representatives  in  con- 
"gress;  which  electors  shall,  in  case  no  candidate  shall  have  a  majority 

1  Printed  Assembly  Journal  of  1826,  p.  143. 


476  Appendix  B. 

"  of  all  the  votes  given  by  the  free  white  male  citizens  of  the  United 
"  States,  of  the  age  of  twenty-one  years,  proceed,  forthwith,  to  elect  a 
"  president  from  the  two  persons  having  the  highest  number  of  votes," 
— report  the  following  resolutions — 

Resolved,  the  governor  and  council  concurring  herein,  That  it  is  inex- 
pedient to  amend  the  constitution  of  the  United  States  in  relation  to  the 
mode  of  electing  president. 

Resolved,  That  his  excellency  the  governor  be  requested  to  submit  a 
copy  of  the  foregoing  to  the  executive  of  the  several  states. 

O.  C.  Merrill,  for  committee. 

Which  report  was  read  and  concurred  in,  and  said  resolutions  were 
adopted.1 


Fund  for  Internal  Improvements,  and  Education. 

At  the  legislature  of  1827,  a  resolution  of  the  legislature  of  Maine  was 
considered,  declaring  u  That  if  it  shall  be  the  determination  of  the  gov- 
ernment of  the  United  States  to  appropriate  a  part  of  its  revenue  for  the 
purposes  of  internal  improvement,  in  the  construction  of  roads  and 
canals,  and  improving  the  navigation  of  rivers,  and  in  promoting  educa- 
tion, it  is  the  opinion  of  this  legislature,  that  the  funds  designed  for 
these  objects  ought  to  be  distributed  among  the  several  states,  in  pro- 
portion to  their  population,  to  be  expended  under  the  authority  of  their 
respective  legislatures."  Orsamus  C.  Merrill,  in  behalf  of  the  commit- 
tee to  whom  this  subject  was  referred,  reported  a  resolution  in  concur- 
rence with  that  of  Maine;  but  on  motion  of  Jacob  Collamer,  the  resolu- 
tion was  laid  on  the  table.  Subsequently  this  resolution  was  recommit- 
ted, and  the  committee  reported  it  to  be  inexpedient  to  express  any 
opinion  on  the  subject,  in  which  both  houses  concurred.8 


The  Constitutionality  of  Protective  Tariffs,  &c. 

At  the  session  of  1829,  the  governor  communicated  to  the  legislature 
sundry  resolutions  and  documents  from  other  states,  which  were 
referred  to  a  committee  consisting  of  Benjamin  F.  Deming  of  the  Coun- 
cil, and  Samuel  Elliot,  Nahum  Peck,  Thomas  D.  Hammond,  Silas  H. 
Jenison  and  Charles  Paine,  of  the  Assembly.  The  report  of  the  com- 
mittee was  as  follows  : 

To  the  General  Assembly,  now  in  session:  —  The  select  committee,  to 
whom  was  referred  the  consideration  of  the  public  documents  and  reso- 
lutions from  the  states  of  South  Carolina,  Georgia,  Virginia  and  Mis- 
souri, communicated  by  his  excellency  the  governor,  respectfully  report: 
That  your  committee  have  taken  the  subjects  referred  to  them  into  their 
serious  consideration  ;  and  so  far  as  time  would  permit,  have  examined 
the  several  documents  to  them  committed,  and  duly  weighed  the  argu- 

1  Printed  Assembly  Journal  of  1827,  pp.  174-'5.    Similar  resolutions 
were  adopted  in  1829. — See  printed  Assembly  Journal  of  1829,  pp.  178-'9. 
'Printed  Assembly  Journal  of  1827,  pp.  175, 193,  213-'14,  219. 


Appendix  B.  477 

ments  therein  comprised  ;  and  so  far  as  they  are  designed  and  urged  to 
prove  that  the  existing  tariff  laws,  and  all  laws  enacted  by  congress  for 
the  encouragement  of  domestic  manufactures,  and  making  appropria- 
tions for  internal  improvements,  are  inexpedient  and  unconstitutional, 
your  committee  are  prepared  to  give  their  unanimous  dissent ;  and 
while  in  the  spirit  of  frankness  and  conciliation  they  offer  this  result  of 
their  deliberations,  in  relation  to  these  deeply  interesting  subjects,  they 
are  happy  to  concur  in  many  of  the  general  sentiments  and  positions 
advanced  in  the  said  documents,  in  regard  to  the  rights  of  the  several 
states  —  the  nature  of  our  federal  compact,  and  the  general  rules  which 
ought  to  regulate  our  national  legislation. 

Your  committee  are  unable  to  perceive  any  constitutional  obstacle  to 
such  laws,  or  any  conclusive  evidence  of  their  inexpediency  or  injurious 
and  oppressive  effects  upon  the  southern  states,  or  upon  any  other  par- 
ticular section  of  our  country. 

Your  committee  have  yet  to  learn,  and  this  by  fair  experiment^  that 
the  tariff  laws,  now  in  force,  and  so  zealously  opposed  by  the  anti-tariff 
states,  will  prove  injurious  to  our  southern  brethren.  We  do  confidently 
anticipate  a  different  result.  It  is  believed,  that  the  alarming  appre- 
hensions entertained  by  them,  are  in  a  great  degree  imaginary,  and  will 
vanish  in  the  progress  of  a  reasonable  practical  trial.  But  even  admit- 
ting that  the  laws  in  question  should  operate,  for  the  present,  less  bene- 
ficially upon  some  parts  of  our  country  than  others,  that  circumstance 
may  be  urged  more  against  their  expediency  than  the  constitutional 
right  of  congress  to  legislate  on  those  important  subjects.  For  we  can 
name  but  few,  if  any,  cases  of  impost  and  taxation,  that  do  not  bear  more 
heavily  upon  some  portions  of  our  union  than  others.  Some  places  are 
enriched  and  rapidly  built  up  by  our  commercial  and  navigation  laws, 
while  others  scarcely  feel  their  salutary  influence.  And  while  many 
instances  of  the  like  partial  operation  of  general  laws  may  be  cited,  the 
right  and  authority  of  the  government  in  enacting  them  are  not  called 
in  question.  Nor  can  your  committee  otherwise  construe  the  clauses 
and  provisions  in  the  constitution  of  the  United  States,  so  often  cited  in 
the  discussion  of  these  topics,  than  as  expressly,  or  by  fair  implication, 
giving  to  congress  the  powers  and  jurisdiction  herein  contended  for. 

If  the  sole  question  under  consideration  rested  upon  the  expediency 
and  policy  of  adopting  a  course  of  measures  for  rapidly  advancing  the 
manufacturing  interests  of  this  country,  and  going  extensively  into 
appropriations  for  internal  improvements,  and  especially  without  a  just 
regard  to  the  different  sections  of  the  country,  there  might  arise  some 
diversity  of  sentiment  and  feeling  among  your  committee.  But  such 
has  not  appeared  to  be  the  case.  They  are  satisfied  that  congress  has 
approached  these  subjects  with  great  care  and  circumspection  ;  and  that 
in  such  a  course,  your  committee  confidently  trust,  neither  our  true 
policy,  nor  constitutional  privileges,  have  been  disregarded  or  infringed. 
And  they  are  the  more  confirmed  in  this  opinion,  from  the  able  writings 
of  some  of  the  first  and  most  experienced  statesmen  and  civilians  of  our 
country  ;  and  more  especially  from  the  recent  discussions  in  congress, 
where  these  subjects  have  undergone  the  most  thorough  and  critical 
investigation. 

In  relation  to  the  proceedings  and  resolutions  in  the  documents  refer- 
red to  your  committee,  so  far  as  they  deny  to  Congress  the  right  of  aid- 
ing the  American  Colonization  Society,  they  are  not  aware  of  any  cause 
of  alarm  or  distrust;  and  they  deem  it  unnecessary,  at  this  time,  to  go 
into  a  discussion  of  that  subject. 

Your  committee  do  therefore  recommend  the  adoption  of  the  follow- 
ing resolutions,  viz. 


478  Appendix  B. 

Resolved,  the  governor  and  council  concurring  herein,  That  the  gen- 
eral assembly  of  this  state,  now  convened,  do  not  concur  in  the  senti- 
ments and  views  expressed  in  the  documents  and  resolutions  from  the 
several  states  mentioned  in  the  foregoing  report,  so  far  as  they  deny  to 
congress  the  constitutional  right  to  regulate  the  tariff,  and  to  make  ap- 
propriations for  internal  improvements. 

Resolved,  That  the  governor  of  this  state  be  requested  to  transmit  a 
copy  of  the  foregoing  report  and  resolutions  to  the  executives  of  the 
several  states. 

All  which  is  respectfully  submitted. 

Benjamin  F.  Deming,  for  Committee. 

Which  report  was  read  and  concurred  in,  and  the  resolutions  therein 
contained  passed.1 

The  foregoing  concurred  in  by  the  Governor  and  Council. 


Proposed  Amendment  to  the  U.  S.  Constitution  restricting 
the  Presidency  to  one  term  of  six  years. 

At  a  session  of  the  Legislature  in  1829,  the  governor  communicated  a 
proposition  of  the  Legislature  of  Louisiana  to  amend  the  constitution  so 
that  "  the  president  and  vice  president  shall  hold  their  offices  for  six 
years,  and  that  the  president  shall  be  ineligible  afterwards."  A  com- 
mittee, consisting  of  Chauncey  Langdon  of  the  Council,  and  Philip  C. 
Tucker,  Denison  Smith,  William  R.  Shafter,  and  Nahum  Kelton  of  the 
Assembly,  reported  resolutions  in  favor  of  this  proposition,  which  were 
adopted  by  the  Assembly  on  the  29th  of  October;  but  on  the  same  day 
the  resolution  was  reconsidered,  on  motion  of  Samuel  Elliot,  and  so 
amended  as  to  declare  against  the  proposition,  and  then  the  question 
was  postponed  to  the  next  session.  In  1830,  resolutions  were  adopted 
adverse  to  the  proposition.2 

1  Printed  Assembly  Journal  of  1829,  pp.  174-5. 

'  Printed  Assembly  Journal  of  1829,  pp.  178-180  ;  and  printed  Laws  of 
Vermont  of  1830,  p.  29. 


APPENDIX  C 


INTERNAL  IMPROVEMENTS  IN  VERMONT— 1823-1845. 

In  Vol.  I,  pp.  116-'17;  Vol  III,  pp.  407-418,  and  Vol.  IV,  pp.  446-453, 
the  early  project  of  Ira  Allen  for  a  ship  canal  from  the  St.  Lawrence 
river  to  Lake  Champlain — a  project  of  national  importance  which  still 
remains  to  be  completed,— of  Gen.  Philip  Schuyler  and  others  for  what 
is  now  the  Champlain  canal,  and  notices  of  various  acts  for  the  improve- 
ment of  Connecticut  river  for  navigation,  have  been  given.  The  period 
embraced  in  this  volume  marks  the  initiation  of  projects  which  resulted 
in  the  present  numerous  railroads,  traversing  the  entire  length  of  the 
state  from  north  to  south,  on  its  eastern  and  western  borders,  inter- 
sected by  five  lines  of  road  across  the  state  from  east  to  west,  through  its 
northern,  central,  and  southern  portions:  hence  it  is  deemed  fitting  to 
notice  the  humble  endeavors  which  have  had  such  large  results. 

Surveys  for  Canals  in  Vermont. 

In  his  first  speech,  Oct.  10, 1823,  Gov.  Van  Ness  congratulated  the 
legislature  on  the  prospect  opened  for  the  advantage  of  Vermont  by  the 
completion  of  a  canal  communication  between  Lake  Champlain  and 
Hudson's  river.1  That  event  was  important  in  its  consequences,  not 
the  least  of  which  was  to  divert  to  New  York  city  a  very  considerable 
portion  of  the  commerce  of  the  state  which  previously  had  been  divided 
between  Portland,  Me.,  Hartford,  Conn.,  and  Boston.  Of  the  Vermont 
towns  on  the  lake,  Burlington  was  most  largely  benefited,  winning  a 
very  considerable  trade  from  northern  and  north-western  Vermont  which 
had  been  long  enjoyed  by  the  merchants  of  Montpelier.'    These  results, 

1  See  ante,  p.  443. 

2  The  late  Arthur  Bostwick,  a  merchant  in  Jericho,  shortly  before  his 
death  informed  the  editor  of  these  volumes  that  his  trade  in  early  years 
was  not  with  the  dealers  in  Burlington,  his  nearest  considerable  town, 
but  with  those  in  Montpelier.  "  I  bought  my  dry  goods  of  Hubbard  & 
Cadwell,  my  hats  of  Watrous  &  Worthington,  and  my  boots  and  shoes  of 
French  &  Harvey."  All  of  these  were  prosperous  traders  in  Montpelier 
within  the  recollection  of  the  editor  Of  these  volumes,  and  the  firm  first 
named  had  been  as  early  as  1799. 


480  Appendix  C. 

as  well  as  the  greater  cheapness  of  transportation  by  water  than  by 
land-carriage,  stimulated  inquiries  in  Vermont  and  elsewhere  as  to  the 
practicability  of  river  navigation  by  artificial  improvements,  and  the  con- 
struction of  canals  from  Lake  Champlain  to  Connecticut  river,  and  from 
that  river  to  Boston,  Mass.,  and  Portsmouth,  N.  H. 

The  business  men  of  Montpelier  entered  into  these  inquiries  with 
much  zeal,  and  enlisted  the  labors  of  two  of  their  citizens  who  were  ex- 
perienced surveyors — the  late  Hon.  Araunah  Waterman  and  Gen.  Par- 
ley Davis.  Assuming  that  the  valley  of  the  Winooski  westward  was 
practicable  for  a  canal,  their  explorations  were  made  eastward,  and  led 
to  anticipations  so  favorable  as  to  warrant  a  survey  from  the  lake  to  Con- 
necticut river.  Accordingly  a  convention  was  called  with  this  purpose 
in  view,  consisting  of  delegates  from  the  counties  of  Chittenden,  Wash- 
ington, Orange,  and  Caledonia,  which  met  at* Montpelier  on  the  30th  of 
June,  1825.1  That  convention  resolved  upon  a  survey  from  Lake  Cham- 
plain  to  Connecticut  river;  and  appointed  Araunah  Waterman,  John  L. 
Woods,  and  John  Downer  commissioners  to  carry  that  resolve  into 
effect,  who  employed  Anthony  M.  Hoffman  of  S wanton  as  engineer. 
Mr.  Hoffman  promptly  entered  upon  his  work,  and  on  the  7th  of  the 
succeeding  November  Gov.  Van  Ness  communicated  to  the  legislature 
a  report  signed  by  Araunah  Waterman  and  John  L.  Woods,  two  of  the 
commissioners.8  The  convention  also  requested  the  governor  to  apply 
to  the  U.  S.  Secretary  of  War  for  surveys  under  the  directions  of  that 

1  May  17,  1825,  the  citizens  of  Montpelier  met  and  appointed  a  com- 
mittee to  examine  the  practicability  of  a  canal  from  Lake  Champlain  to 
Connecticut  river.  This  committee  consisted  of  Araunah  Waterman, 
Sylvanus  Baldwin,  E.  P.  Walton,  senior,  Joshua  Y.  Vail,  and  Joseph 
Howes.  The  meeting  then  adjourned  to  the  7th  of  June,  and  met  on 
that  day,  when  a  report  was  made,  to  the  effect  that  a  canal  from  Mont- 
pelier via  Wells  river  to  Connecticut  river  was  feasible,  and  via  the 
Gulf  at  Williamstown  and  White  river  was  less  so.  The  committee  was 
enlarged  by  adding  many  of  the  most  prominent  men  of  Montpelier,  to 
wit,  Samuel  Prentiss,  Timothy  Hubbard,  Parley  Davis,  Nicholas  Bay- 
lies, Jeduthan  Loomis,  George  Worthington,  Timothy  Merrill,  Calvin 
Winslow,  John  Spalding,  and  Edward  Lamb.  This  meeting  called  the 
Convention  of  the  several  counties  mentioned  in  the  text,  which  met  at 
the  State-House  in  Montpelier  on  the  30th  of  June,  1825.  There  was  a 
general  favor  for  canals  in  the  state,  and  meetings  were  held  in  many 
towns,  but  their  proceedings  are  not  accessible.  The  prominence  given 
here  to  Montpelier  is  not  simply  because  their  proceedings  are  acces- 
sible, but  also  because  the  action  of  the  state  and  national  governments 
was  the  result  of  the  propositions  made  by  the  men  of  Montpelier.  For 
the  proceedings  of  all  the  meetings  mentioned  in  this  note,  see  the  Nor- 
thern Sentinel  (Burlington)  of  June  24  and  July  15, 1825. 

2  For  this  report  see  printed  Assembly  Journal  of  1825,  pp.  146-148. 


Appendix  C.  481 

department,  to  be  made  previous  to  the  then  next  session  of  Congress. 
An  application  was  made  accordingly,  but  the  request  was  declined  at 
that  time  for  the  reason  that  the  surveys  then  in  progress  in  other  quar- 
ters would  so  nearly  absorb  the  fund  appropriated  by  Congress  that  it 
was  deemed  inexpedient  to  undertake  more.  The  surveys  referred  to 
by  the  Secretary  embraced  the  country  between  Lake  Memphremagog 
and  Connecticut  river  at  Barnet,  and  also  an  examination  of  that  river 
from  Lake  Connecticut  in  New  Hampshire  to  Long  Island  sound,  which, 
with  other  surveys,  were  ordered  on  the  request  of  Congressmen  from 
Vermont,  New  Hampshire,  Massachusetts  and  Connecticut.  Having 
been  notified  that  the  U.  S.  engineers  would  co-operate  with  any  engi- 
neer or  commissioner  sent  on  the  part  of  the  state,  Gov.  Van  Ness,  in 
May  1825,  appointed  Hons.  Horace  Everett  of  Windsor  and  Nicholas 
Baylies  of  Montpelier,  commissioners,  whose  expenses  were  defrayed  by 
individual  subscriptions.1 

Nov.  17,  1825,  the  legislature  requested  the  Governor  to  apply  to  the 
Secretary  of  War  '<  to  direct  and  employ  some  suitable  engineer  or  engi- 
neers to  ascertain  the  different  heights  of  land  and  the  waters  on  the 
several  routes  in  this  state,  where  it  is  contemplated  to  make  canals  and 
improve  the  navigation  of  the  waters  thereof,  and  aid  the  several  com- 
missioners of  this  state  to  make  a  survey  of  them."2  Gov.  Van  Ness 
made  an  application  accordingly,  whereupon  additional  surveys  were 
ordered  and  made,  so  as,  with  previous  surveys,  to  embrace  all  the  prin- 
cipal rivers  of  the  state,  and  such  passes  through  the  mountains  as  were 
supposed  to  be  possibly  feasible.  The  Vermont  Watchman  &  State  Ga- 
zette of  April  29,  1828,  contained  Doc.  No.  173,  from  the  Engineer  De- 

1  See  ante,  p.  451;  and  for  the  report  of  Mr.  Everett,  see  printed  As- 
sembly Journal  of  1825,  p.  38.  It  appears  from  this  report  that,  in  1825, 
surveys  of  canal  routes  were  made  from  Lake  Memphremagog  to  Con- 
necticut river  at  Brunswick— two  routes,  one  through  Danville  and  the 
other  through  St.  Johnsbury,  from  Barnet  to  Lake  Memphremagog — 
and  from  Lake  Connecticut  to  Barnet.  Also  that  Connecticut  river  had 
been  surveyed  from  Barnet,  Vt.,  to  Hartford,  Conn.,  by  a  company  char- 
tered by  Connecticut,  styled  "The  Connecticut  River  Company."  Mr. 
Everett  added,  that  the  routes  from  Lake  Memphremagog  to  Lake 
Champlain,  Lake  Champlain  to  Connecticut  river,  Rutland  to  Lake 
Champlain,  and  Manchester  to  Hudson  river  remained  to  be  explored. 
These  were  surveyed  subsequently  by  U".  S.  engineers. 

'  Nov.  11, 1825,  an  act  was  passed  authorizing  the  Governor  and  Coun- 
cil to  appoint  two  canal  commissioners,  and  making  an  appropriation  to 
pay  their  expenses — also  a  small  contribution  to  the  fund  raised  by  indi- 
vidual subscriptions  for  surveying  from  Montpelier  to  Lake  Champlain, 
and  from  the  mouth  of  Dog  river  to  the  head  thereof.  On  the  same  day 
Robert  Pierpoint  of  Rutland  and  Samuel  C.  Crafts  of  Craftsbury  were 
appointed  commissioners.  — See  printed  Laws  of  Vt.,  1825,  pp.  32, 147. 
31 


482  Appendix  C. 

partment,  communicated  to  the  first  session  of  the  twentieth  Congress,  be- 
ing the  report  of  a  survey  by  U.  S.  engineers,  for  a  canal  connecting  the 
waters  of  Lake  Champlain,  near  Burlington,  with  those  of  Connecticut 
river,  by  the  valleys  of  Onion  [Winooski]  and  "White  rivers.  The  con- 
clusion was,  that  the  adequacy  of  the  supply  of  water  was  too  doubtful  to 
warrant  the  construction  of  so  expensive  a  canal  as  this  would  be.  This 
report  is  a  fair  type  of  the  conclusions  of  the  other  surveys  in  Vermont 
— the  want  of  a  sure  and  adequate  supply  of  water  at  each  proposed 
summit,  and  the  great  cost  of  construction,  or  both  reasons,  forcing  an 
abandonment  of  all  the  schemes  of  this  sort,  excepting  the  removal  of 
obstacles  in  Connecticut  river  so  far  as  to  permit  small  steamboats  to 
ascend  to  the  mouth  of  Wells  river— an  experiment  which  proved  un- 
profitable and  was  soon  abandoned.  The  further  and  early  improvement 
of  the  navigation  of  Connecticut  river  was  strongly  favored  in  eastern 
Vermont  and  western  New  Hampshire  in  1825.  Numerous  town  meet- 
ings were  holden  to  appoint  delegates  to  a  Convention  on  this  subject, 
at  Windsor,  Feb.  16, 1825.  This  Convention  consisted  of  delegates  from 
twenty-five  towns  in  New  Hampshire,  thirty-seven  in  Vermont,  and  one 
each  in  Massachusetts  and  Connecticut.  For  the  proceedings  in  full  see 
the  Windsor  Republican  of  January,  and  the  Burlington  Northern  Senti- 
nel of Feb.  25,1825. 

For  preliminary  survey,  in  1825,  of  route  from  Lake  Memphremagog 
to  Connecticut  river,  and  of  that  river  north  from  Barnet  to  Lake  Con- 
necticut, see  State  Papers  1st  Sess.  19th  Congress,  Vol.  9,  No.  154. 

For  surveys  of  the  Lamoille  Canal,  in  1827  and  1828,  see  State  Papers 
1st  Sess.  20th  Congress  No.  173,  and  2d  Sess.  20th  Congress,  No.  118. 

For  reports  on  the  Passumpsic  Canal,  Montpelier  Canal,  and  Rutland 
Canal,  and  a  list  of  plans  and  profiles  deposited  in  the  Engineer  Depart- 
ment at  Washington,  see  State  Papers  1st  Sess.  20th  Congress  No.  173. 


The  Introduction  of  Railroads  into  Vermont. 

On  the  failure  of  the  schemes  for  canals  in  New  England,  and  specially 
that  from  Lake  Champlain  to  Boston,  Mass.,  and  Portsmouth,  N.  H. 
the  attention  of  persons  interested  in  internal  improvements  was  turn- 
ed to  railroads,  which  had  then  been  in  successful  operation  for  sev- 
eral years  in  Great  Britain. 

In  1826,  John  L.  Sullivan  (in  1824-5  one  of  the  engineers  associated 
with  the  U.  S.  Board  of  Internal  Improvements)  wrote  to  Elkanah  Wat- 
son, (then  of  Albany,  N.  Y.,)  attempting  "to  demonstrate  that  trans- 
portation can  be  cheaper  from  Boston  to  Lake  Erie  by  this  northern 
route  [  railroad  route  from  Boston  to  Ogdensburgh,  ]  than  from  New 
York  [city]  to  Lake  Erie  by  the  canal."1    The  route  described  in  this 

'A  correspondence  ensued  between  Messrs.  Sullivan  and  Watson, 
which  is  not  given  in  the  memoirs  of  the  latter,  but  the  editor  of  that 


Appendix  C.  483 

letter  was  from  Boston  by  way  of  Concord  and  Lebanon,  2ST.  H.,  to  Bur- 
lington, Vt.  ;  thence  by  a  ferry  to  Port  Kent,  N.  Y.,  and  from  Port 
Kent  by  railway  to  Ogdensburgh.  It  will  be  seen  that  Mr.  Sullivan 
indicated  more  than  half  of  the  principal  route  now  actually  traversed 
by  rail  between  his  two  objective  points  —  i.e.  from  Boston  to  Lake 
Champlain.  At  that  time  no  railway  was  in  operation  in  the  United 
States,  though  possibly  the  construction  of  the  short  road  from  the 
granite  quarry  in  Quincy,  Mass.,  to  Boston  had  been  commenced. 

Dec.  8,  1829,  John  McDuffie  of  Bradford,  Vt.,  published  in  the  Vt. 
Watchman  &  State  Gazette  two  articles  —  one  covering  an  extract  from 
an  address  by  William  Jackson,  delivered  before  the  Massachusetts 
Mechanics'  Charitable  Association,  Jan.  12,  1829,  on  the  advantages  and 
reasonable  cost  of  railroads,  deriving  his  data  from  English  railways  ; 
and  the  other  designating  a  route  from  Boston  to  Ogdensburgh.  This 
route  was  the  same  as  Mr.  Sullivan's  from  Boston  to  Concord,  N.  H., 
and  from  Montpelier  to  Lake  Champlain  ;  but  Mr.  McDuffie  proposed  a 
route  from  Concord  via  Plymouth  and  Piermont.  N".  H.,  and  Bradford, 
Vt.,  to  Montpelier.1 

In  January  1830  much  interest  in  rail-roads  prevailed  in  Vermont, 
and  meetings  were  held  in  Brattleborough,  Windsor  and  Chelsea,  and  a 
series  of  meetings  at  Montpelier — the  last  most  notable  because  looking 
to  a  railway  from  Boston  to  Ogdensburgh,  and  enlisting  favor  all  along 
the  line  for  this  project,  which  was  finally  successful.     That  scheme 

volume  states  that  the  vast  and  magnificent  conception  of  a  railway 
from  Boston  to  the  river  St.  Lawrence  was  first  announced  "  in  a  corre- 
spondence between  John  L.  O'Sullivan,  Esq.,  an  eminent  civil  engineer 
and  Mr.  Watson,  in  the  year  1827."  The  correspondence  was  doubtless 
continued  in  1827,  but  the  letter  of  Mr.  Sullivan,  describing  the  proposed 
route  and  arguing  the  superiority  of  a  railroad  over  the  Erie  canal,  was 
written  in  1826.  The  date  and  name  were  correctly  given,  with  copious 
extracts  from  Mr.  Sullivan's  letter,  in  an  elaborate  report  made  to  a 
railroad  meeting  held  in  Montpelier,  Feb.  17, 1830,  by  Gen.  Parley  Da- 
vis, and  published  in  the  Vermont  Watchman  and  State  Gazette  of  Feb. 
23, 1830.  John  Langdon  Sullivan,  son  of  Gov.  James  Sullivan  of 
Mass.,  was  born  in  Saco,  Me.,  April  9, 1777,  and  died  in  Boston  Feb.  9, 
1865.     Previous  to  1820  Maine  was  part  of  Massachusetts. 

1  Mr.  McDuffie  was  a  surveyor  of  good  repute,  who  was  much  employed 
as  such  in  New  Hampshire  and  Vermont.  Having  given  valuable  infor- 
mation in  respect  thereto,  he  was  employed  as  an  assistant  in  making 
surveys  for  a  canal  in  Vermont,  and  was  paid  for  his  services  by  the 
state.  He  was  born  at  Londonderry,  N.  H.,  June  16,  i.766,  of  Scotch 
descent,  and  died  at  Bradford  May  4, 1851,  having  lived  to  see  the  near 
completion  of  a  line  of  railroad  from  Boston  to  Ogdensburgh,  and  also  of 
one  in  part  on  his  favorite  line  —  the  Boston,  Concord  and  Montreal 
road. 


484  Appendix  C. 

enlisted  the  aid  of  the  capitalists  of  Boston  and  vicinity  on  the  one  hand 
and  of  New  York  city  on  the  other,  each  for  lines  in  its  own  interest,  by 
both  of  which  ultimately  the  construction  of  nearly  all  the  present  rail- 
roads in  Vermont  was  secured. 

A  report  made  to  the  legislature  of  Massachusetts,  in  January  1830, 
in  favor  of  granting  a  charter  for  a  railroad  from  Boston  to  Lowell, 
Mass.,  was  the  signal  for  the  action  at  Montpelier.  On  the  evening  of 
the  day  on  which  the  fact  was  published  in  Montpelier,  Jan.  26,  1830, 
citizens  of  that  town  met  and  appointed  a  committee  to  draw  up  a  report 
on  the  subject.  Feb.  2,  the  committee  reported,  expressing  the  opinion 
that  a  railroad  "  cannot  be  constructed  on  any  location  where  it  will 
afford  more  advantages  to  the  inhabitants  of  New-England,  and  the 
nation  generally,  than  one  from  Boston,  Mass.,  to  Ogdensburgh,  N.  Y." — 
concluding  with  two  resolutions  :  one  to  call  a  county  meeting,  and  the 
other  as  follows  :  — 

Resolved,  That  the  public  good  requires  vigorous  and  persevering 
efforts  on  the  part  of  all  intelligent  and  public  spirited  individuals,  all 
friends  of  their  country  and  of  internal  improvements,  until,  by  the 
enterprise  of  individuals,  the  co-operation  of  State  Legislatures,  or  the 
aid  of  the  General  Government,  the  survey  and  completion  of  a  route  is 
accomplished,  for  a  National  Railroad  from  the  seaboard,  at  Boston, 
through  Lowell,  Mass.,  Concord,  in  New-Hampshire,  and  thence  by  the 
'  most  convenient  route  through  the  valley  of  Onion  River,  to  Lake 
Champlain,  and  thence  to  the  waters  of  Lake  Ontario,  at  Ogdensburgh, 
New- York. 

Lyman  Reed,  ) 

E.  [Ezekiel]  P.  Walton,  >•  Comme.i 

Sylvanus  Baldwin,         ) 

Hon.  Daniel  Baldwin  was  appointed  agent  to  represent  the  views  of 
this  meeting  to  the  Massachusetts  Railroad  Association;  and  Gen.  Par- 

1  The  report  and  resolutions  of  this  meeting  are  in  the  style  of  Gen. 
Walton,  but  Mr.  Reed  is  undoubtedly  most  largely  entitled  to  credit  for 
inspiring  the  zeal  for  a  railway  which  prevailed  at  that  time.  Mr.  Reed 
was  the  author  of  a  series  of  valuable  articles  on  the  subject  which  were 
published  in  the  Vermont  Watchman  and  State  Gazette  in  April,  May 
and  June  1830.  He  had  been  a  merchant  in  Boston,  but  in  1830  resided 
in  Montpelier.  Subsequently  he  engaged  in  trade  in  Boston  again,  and 
it  is  probable  he  is  now  [1879]  living  in  the  city  of  Baltimore. — See  file 
of  the  Watchman,  &c.  for  1830,  and  Boston  Railroad  Jubilee,  1851,  p.  132. 
It  is  claimed,  in  the  volume  last  cited,  that  this  is  "the  First  Report  in  re- 
lation to  a  Railroad  from  Boston  to  Ogdensburg,  dated  February  9, 1830." 
The  true  date  is  Feb.  2,  1830,  but  it  was  first  printed  on  the  9th.  As 
this  report  varies  from  Sullivan's  line  of  1826  in  leaving  the  question 
open  in  the  territory  west  of  Lake  Champlain,  from  McDuffie's  in  1829 
in  leaving  it  open  between  Concord,  N.  H.,  and  Onion  river,  and  in  fact 
covered  the  line  from  Boston  via  Concord  to  Ogdensburgh  as  it  has  ac- 
tually been  constructed,  the  claim  seems  to  be  substantially  correct. 


Appendix  C.  485 

ley  Davis,  Joshua  Y.  Yail,  Araunah  Waterman  and  Sylvanus  Baldwin 
Esqs.  a  committee  to  report  to  the  county  meeting  a  topographical  and 
statistical  statement  of  facts  on  the  subject  of  the  proposed  road.    These 
gentlemen  had  been  engaged  in  the  previous  surveys  for  canals,  and 
were  also  well  posted  for  that  day  on  railways.     The  county  convention, 
consisting  of  citizens  of  the  counties  of  Orange  and  Washington,  met  at 
Montpelier  Feb.  17,  1830,  when  the  above-named  committee,  through 
Gen.  Davis,  made  a  report  on  most  of  the  different  routes  that  had  been 
proposed,  cpming  to  the  conclusion  that  a  railroad  from  Boston  via  Con- 
cord, N.  II.,  and  Onion  river,  Vt.,  to  Ogdensburgh,  is  feasible.     Facts 
and  suggestions  were  also  stated  on  the  question  whether  the  transport- 
ation on  such  a  road  would  warrant  the  cost  of  its  construction.     A  re- 
markable point  is,  that  "  the  productions  now  [then]  transported  on  the 
great  Western  Lakes,  would  find  a  quicker  and  cheaper  conveyance  to 
the  seaboard  at  Boston,  than  they  possibly  can  to  the  city  of  New- 
York."    This  was  the  prevailing  point  in  enlisting  the  capital  of  Boston 
and  vicinity  for  the  project  in  1845.    The  convention  resolved  that  the 
proposed  railroad  merited  and  required  the  patronage  of  the  Government; 
that  every  lawful  expedient  should  be  used  to  secure  a  survey  thereof, 
and  if  found  practicable,  to  have  the  same  constructed  in  the  shortest 
possible  time;  that  the  Vermout  delegation  in  Congress  be  requested  to 
procure  a  survey,  by  U.  S.  engineers,  "  for  a  national  Kailroad  from  Bos- 
ton by  Lake  Champlain  to  Ogdensburgh";1  that  a  committee  be  ap- 
pointed to  correspond  with  gentlemen  and  associations  in  furtherance  of 
the  object  of  the  meeting,  and  a  committee  was  appointed,  consisting  of 
Araunah  Waterman,  Joshua  Y.  Vail,  George  W.  Hill,  and  Lyman  Reed; 
and  that  an  association  be  formed,  styled  "  The  Vermont  Railroad  Asso- 
ciation," which  was  formed.     The  above-named  committee  of  correspond- 
ence seems  to  have  acted  efficiently,  securing  a  series  of  important  con- 
ventions, to  wit,  of  citizens  of  Clinton  and  Essex  counties,  at  Keeseville, 
N.  Y.,  March  11 — Elkanah  Watson  in  the  chair ;  at  Ogdensburgh,  N. 
Y.,  March  17  ;  at  Concord,  N.  H.,  April  6  ;  of  Chittenden  county  at  Bur- 
lington, May  12;  and  of  Franklin  county,  N.  Y.,  at  Malone,  May  26.    At 
all  these  meetings,  that  at  Burlington  excepted,  the  proposal  of  the 
Montpelier  meeting,  for  a  government  survey,  was  seconded.     The  con- 
vention at  Burlington  resolved  that  the  resources  of  the  states  interested 
were  amply  sufficient  to  accomplish  the  object,  at  the  same  time  compli- 
menting the  elaborate  and  able  report  made  at  the  county  meeting  in 
Montpelier,  and  pledging  zealous  co-operation  in  the  endeavor  to  excite 
attention  and  diffuse  information  on  the  subject.     The  convention  which 
met  at  Malone  suggested  a  general  convention,  to  be  composed  of  del- 
egates from  counties  interested,  in  the  states  of  New  York,  Vermont, 

1  Nov.  9, 1830,  on  motion  of  the  late  Hon.  Jedediah  H.  Harris  of  Straf- 
ford, the  legislature  requested  the  delegation  to  act  in  accordance  with 
the  above  resolution.— See  printed  Laws  of  Vermont,  1830,  p.  28. 


486  Appendix  C. 

New  Hampshire,  and  Massachusetts,  and  appointed  a  committee  of  cor- 
respondence on  that  subject,  which,  June  8,  addressed  the  Eailway  Com- 
mittees at  Ogdensbugh,  Keeseville,  and  Montpelier,  naming  Montpelier 
as  the  place  and  September  as  the  time  for  the  general  convention.  A 
few  days  later  the  Boston  Patriot  highly  commended  the  proposition. 
Arrangements  were  therefore  made,  and  on  the  6th  of  September,  1830, 
a  convention,  consisting  of  5  delegates  from  the  city  of  Boston,  10  from 
the  state  of  New  Hampshire,  26  from  the  state  of  Vermont,  and  7  from 
the  state  of  New  York,  in  all  48,  met  at  the  state-house  in  Montpelier 
and  continued  in  session  two  days.  Luther  Bradish,  of  Franklin  county, 
N.  Y.,  afterwards  Lieut.  Governor  of  New  York,  was  President :  and 
Albe  Cady  of  Concord,  N.  H.,  and  John  Johnson  of  Burlington,  Vt. 
Were  Secretaries.  Addresses  were  delivered  by  the  venerable  Elkanah 
Watson  of  Port  Kent,  N.  Y.,  and  James  Hay  ward,  Henry  Williams,  and 
David  Lee  Child,  of  Boston;  and  a  paper  on  improvement  in  the  con- 
struction of  railroads,  by  John  L.  Sullivan,  was  read.  At  the  close  the 
President  made  a  very  elegant  and  impressive  speech,  emphasizing  the 
project  which  had  been  particularly  considered  as  one  of  national  impor- 
tance, and  predicting  that  this  and  other  similar  projects  of  internal  im- 
provement throughout  the  country,  would  serve  "  as  so  many  new  and 
ever  brightening  chains  to  bind  more  strongly  together  all  of  the  States 
of  this  great,  highly  favored  and  happy  Union."  This  convention  was 
remarkable  as  well  for  the  able  and  distinguished  men  in  it,  as  for  the 
wisdom  of  its  action. 

No  part  of  the  railway  projected  was  then  constructed,  nor  was  there 
even  a  corporation  organized,  the  Boston  and  Lowell  Kailroad  not 
having  been  organized  until  the  next  year.  The  work  of  the  convention 
was  for  the  future  —  to  elicit  facts  and  enlist  influences  which  would 
secure  success  when  the  time  for  work  should  come.1  The  matters 
resolved  upon  were  an  application  to  the  U.  S.  Government  for  accurate 
surveys  and  estimates  for  a  railway  between  Boston  and  Ogdensburgh  ; 
the  ascertainment  of  the  amount  of  travel  and  probable  amount  of  traffic 
between  those  points,  and  also  the  amount  of  state  patronage  and  indi- 
vidual subscriptions  to  be  relied  upon  at  a  more  advanced  period  of  the 
enterprize  ;  an  inquiry  into  the  best  mode  of  operations  for  the  execu- 
tive part  of  the  work  ;  a  future  report  on  the  practicability  of  the  enter- 
prize ;  and  an  address  to  the  people  of  the  several  states  interested. 
For  these  purposes  committees  were  appointed,  embracing  men  in  the 
several  states  concerned  who  were  most  eminent  for  their  character, 
ability  and  patriotism.  Jan.  15, 1831,  the  committee  on  the  practicability 
of  the  proposed  route,  and  its  prospects  for  business,  made  an  elaborate 
and  favorable  report,  which  was  published  in  Boston  and  elsewhere  on 

^mong  the  Vermont  delegates  were  Charles  Paine  of  Northfield,  and 
Timothy  Follett  of  Burlington,  who,  from  1845  during  their  lives,  were 
the  most  distinguished  railroad  men  of  Vermont,  and  both  were  victims 
to  their  zeal  in  this  service. 


Appendix  C.  487 

the  line. ■  However  far  short  of  the  programme  of  the  convention  the 
performance  may  have  been,  its  proceedings,  and  especially  this  report, 
commanded  respectful  attention  in  quarters  most  interested  in  the 
enterprize  and  able,  in  due  time,  to  complete  it. 

The  idea  of  securing  national,  or  even  state,  aid,  for  the  construction 
of  this  important  class  of  internal  improvements,  was  necessarily  aban- 
doned, and  those  who  were  particularly  interested  in  them  were  thrown 
upon  their  own  resources  and  the  voluntary  contributions  of  the  people. 
The  State  of  Vermont,  while  it  could  not  and  would  not  aid  any  of  the 
railroads  projected,  was  nevertheless  liberal,  through  its  legislature,  in 
granting  charters  ;  but  the  progress  in  educating  the  people  up  to  the 
point  of  making  the  sacrifices  necessary  for  success  was  slow,  and  char- 
ter after  charter,  extension  after  extension,  became  necessary.  It  is  not 
deemed  necessary  to  recite  the  various  charters,  as  all  are  to  be  found  in 
the  printed  laws.  Suffice  it  to  say,  that  in  the  spring  of  1845,  the  com- 
missioners respectively  of  the  Vermont  Central  Railroad  Company,  and 
the  Rutland  &  Burlington  Railroad  Company,  opened  offices  in  Boston 
and  commenced  an  energetic  canvass  for  subscriptions  to  the  stock  of 
the  respective  roads.  Both  formed  parts  of  a  line  from  Boston  to 
Ogdensburgh,  and  both  plead  the  immense  commerce  of  the  western 
lakes,  to  be  diverted  to  Boston,  as  the  chief  argument  to  the  capitalists 
of  Massachusetts.  To  reach  these,  the  presses  of  Boston  were  engaged  ; 
and  for  three  months  the  late  Gen.  DeWitt  C.  Clark  for  the  Rutland  & 
Burlington  road,  and  the  editor  of  these  volumes  for  the  Vermont  Central 
road,  were  employed  in  discussing,  through  the  daily  newspapers  of 
Boston,  the  advantages  of  the  two  routes,  as  well  as  the  indispensable 
importance  of  either  to  Boston  should  not  the  other  succeed.  The  dis- 
cussion was  ardent  and  exhaustive,  developing  two  zealous  parties  in 
Boston  and  vicinity,  and  exciting  a  zeal  along  the  two  competing  lines 
in  Vermont,  which  secured  the  construction  ultimately  of  both  roads. 
The  capitalists  of  Boston  were  at  that  time  far  from  appreciating  the 
importance  of  the  western  trade,*  and  it  is  believed  that  but  for  that 
discussion  neither  road  would  have  been  constructed  for  some  years  at 
least.  The  results,  however,  were,  that  both  secured  capital  for  organi- 
zation in  1845,  and  both  were  speedily  constructed.  The  Northern, 
Cheshire,  and  Sullivan,  N.  H.,  the  Vermont  &  Massachusetts,  and  the 
Passumpsic  and  Connecticut  River  and  the  Vermont  &  Canada  in  Ver- 
mont, all  nearly  simultaneously  were  organized.  With  these  all  the 
railroads  more  recently  constructed  in  Vermont  are  connected. 

1  For  this  report  see  Vt  Watchman  &  State  Gazette  of  Feb.  22, 1831. 

8  The  writer  of  this  paper  got  up  a  map  of  the  western  lakes,  accom- 
panied by  a  table  of  tonnage,  copied  from  the  official  report  of  the  Secre- 
tary of  the  Treasury  of  the  United  States,  and  the  statements  were  so 
astounding  that  several  merchants  of  Boston  would  not  believe  them, 
and  consequently  it  became  necessary  to  place  in  the  Boston  Exchange 
a  copy  of  the  official  report  of  the  Secretary  of  the  Treasury  as  proof. 


APPENDIX  D. 


VISIT  OF   GEN.  LAFAYETTE  TO  VEKMONT  — 1825. 


Marquis  Marie  Jean  Paul  Roche  Yves  Gilbert  Motier  La 
Fayette  was  born  at  Chavagnac,  Auvergne,  France,  Sept.  9, 1757.  In 
his  seventeenth  year  he  married  a  grand-daughter  of  the  Duke  de 
Noailles  ;  and  in  his  nineteenth,  though  heir  to  an  immense  estate,  he 
left  his  young  wife  without  apprizing  her  of  his  purpose,  and  with  Baron 
de  Kalb  and  ten  other  officers  sailed  to  join  the  American  patriot  army, 
arriving  in  April  1776,  when  he  immediately  tendered  his  services  to 
the  Continental  Congress  on  the  condition  that  he  should  receive  no 
compensation.  Congress  commissioned  him  Major-General  July  31, 
1777,  and  he  became  a  member  of  Gen.  Washington's  family.  His  mili- 
tary services  were  highly  honorable  to  him,  but  even  more  important 
was  the  pecuniary  aid  which  he  gave  from  his  own  property,  and  assisted 
in  winning  from  France,  for  which  purpose  he  made  two  voyages  to  that 
country  during  the  revolutionary  war.  A  fact,  interesting  to  Vermont- 
ers,  is,  that  in  1778  an  invasion  of  Canada  was  resolved  upon,  by  an 
army  under  the  command  of  Lafayette,  and  Vermont  was  requested  to 
furnish  three  hundred  men  exclusive  of  officers  —  a  request  that  was 
promptly  responded  to  by  the  Governor  and  Council ;  but  the  scheme 
was  abandoned  "  for  the  want  of  means,"  it  has  been  said.1  In  August, 
1784,  Lafayette  reached  the  United  States  for  the  third  time,  to  visit 
Gen.  Washington  ;  Dec.  3  of  that  year  he  took  an  affectionate  leave  of 
the  Continental  Congress,  and  on  the  20th  sailed  for  France,  and  was 
honored  with  a  national  salute  of  thirteen  guns.  Most  of  the  states 
passed  acts  naturalizing  him  and  his  male  descendants.  His  career  in 
Europe  covered  the  extremes  of  high  offices  faithfully  filled,  and  years 
of  imprisonment ;  but  through  it  all,  he  was  always  for  liberty,  law  and 
order.  A  toast,  volunteered  by  him  at  Boston,  June^l7th,  1825,  is  a  key 
to  his  whole  life.    It  was  as  follows  : 

Bunker  Hill,  and  the  holy  resistance  to  oppression  which  has 
already  enfranchised  the  American  Hemisphere — the  next  half  Century 
Jubilee's  toast  shall  be,  to  the  whole  of  Enfranchised  Europe. 

>  See  Vol.  i,  pp.  31, 157,  217,  219-221,  223,  225,  258. 


Appendix  D.  489 

He  was  the  acknowledged  leader  in  the  French  revolution  of  July 
1830,  and  doubtless  could  have  placed  himself  at  the  head  of  the  nation  ; 
but  resisting  that  great  temptation,  and  indeed  sacrificing  his  own  repub- 
lican preferences  for  the  sake  of  peace  and  order,  he  secured  the  throne 
for  Louis  Philippe,  and  himself  served  as  a  representative  of  the  people. 
He  died  in  Paris,  May  19,  1834,  in  his  seventy-seventh  year.  His  son 
George  Washington  La  Fayette,  who  accompanied  his  father  in 
the  American  tour  of  1824-5,  died  at  La  Grange,  the  paternal  estate, 
Dec.  1, 1849. 

Having  been  invited  by  Congress  to  visit  the  United  States,  Lafay- 
ette and  his  son  landed  at  New  York  city  on  the  15th  of  August  1824, 
and  from  that  time  until  his  departure  in  September  1825,  there  was  a 
continued  ovation,  extending  to  the  guests  of  the  nation  the  highest  hon  - 
ors  in  every  state  in  the  Union,  and  Congress  crowned  it  by  a  gift  of 
$200,000,  and  also  a  township  of  land  which  was  said  to  be  of  very 
much  greater  value. 

In  response  to  a  recommendation  of  Gov.  Van  Ness,  the  Legislature 
of  Vermont  in  1824  requested  the  Governor  to  invite  Lafayette  to  extend 
his  tour  to  Vermont,  and  directed  the  necessary  military  and  other  pre- 
parations.1   The  following  correspondence  ensued: 

Gov.  Van  Ness  to  Gen.  Lafayette. 

Vermont  Executive  Department,  7 
Burlington,  Dec.  27, 1824.     } 
Gen.  Lafayette, 

Sir, — It  has  become  my  pleasing  duty,  at  the  request  of  the  Leg- 
islature, and  in  behalf  of  the  people  of  Vermont,  to  invite  you  to  visit 
this  state  previous  to  your  return  to  France,  It  can  scarcely  be  neces- 
sary, Sir,  to  assure  you,  that  we  should  feel  both  gratified  and  honoured 
by  such  an  event;  and  it  is  hoped,  that  it  will  be  convenient  and  agree- 
able to  you,  to  comply  with  our  wishes.  I  have  the  honour  to  be,  with 
the  highest  respect  and  consideration,  your  obedient  servant, 

C.  P.  Van  Ness. 

Gen.  Lafayette  to  Gov.  Van  JVess. 

Washington,  January  15, 1825. 
Sir, — I  am  most  highly  honoured  and  gratefully  happy  in  the  kind  in- 
vitation which  the  Legislature  of  Vermont,  in  behalf  of  the  people  of  the 
state,  have  deigned  to  confer  on  me,  and  which  your  Excellency  is 
pleased  to  express  in  terms  entitled  to  my  cordial  acknowledgments.  It 
has  ever  been  my  intention  not  to  leave  this  side  of  the  Atlantic  before 
I  have  visited  the  state  of  Vermont,  in  the  feelings  of  which,  the  first 
times  of  our  revolution,  I  have  heartily  sympathized,8  while  its  services 
to  the  common  cause  were  by  none  better  felt  than  by  me,  who  may 
boast  to  have  been  early  distinguished  by  the  kindness  of  the  citizens  of 

1  See  ante,  pp.  154,  447. 

1  Referring  to  the  controversy  of  Vermont  with  adjoining  states.  See 
Lafayette's  reply  to  Gov.  Van  Ness  at  Windsor,  to  Judge  Paine  at  Mont- 
pelier,  and  Hon.  Wm.  A.  Griswold  at  Burlington. 


490  Appendix  D, 

Vermont.  The  long  journey  I  now  contemplate  to  the  southern  and 
western  states,  leaves  it  uncertain  for  me  whether  my  visit  to  your  part 
of  the  Union  will  be  before  or  after  a  sacred  appointment  to  be  on  the 
height  of  Bunker  Hill  by  the  anniversary  day  of  Ifune  17th.  But  I  shall 
certainly  in  the  course  of  the  summer  present  in  person  to  the  citizens 
of  your  state,  and  to  their  worthy  Chief  Magistrate,  a  tribute  of  gratitude, 
which  I  beg  your  Excellency  now  to  offer  to  the  Legislature  whose  flat- 
tering message  is  deeply  impressed  on  my  heart.  I  have  the  honor  to 
be,  with  the  highest  respect,  your  Excellency's  obedient  servant, 

Lafayette. 
His  Ex.  Gov.  Van  Ness,  Vt.1 


Addresses  at  Windsor,  June  28,  1825. 

Gen.  Lafayette  and  party  entered  Vermont  in  the  morning  of  the  28th 
— the  party  consisting  of  the  General,  his  son,  George  Washington  La- 
fayette, and  his  Secretary,  M.  Le  Vasseur;  the  representatives  of  Gov. 
Van  Ness,  to  wit,  Daniel  Kellogg,  Secretary  of  the  Governor  and  Coun- 
cil, and  the  Governor's  Aids,  Cols.  I.  N.  Cushman  and  Austin;  Maj. 
Gen.  Lyman  Mower  and  staff;  a  delegation  from  the  Windsor  commit- 
tee of  arrangements,  and  a  committee  of  the  Legislature  of  New  Hamp- 
shire. After  crossing  Cornish  bridge,  the  General  was  received  by  the 
committee  of  arrangements,  when  "  he  was  welcomed  in  behalf  of  the 
citizens  of  Windsor,  by  H.  [Hon.  Horace]  Everett,  Esq.  in  a  short  ad- 
dress, to  which  the  General  made  an  appropriate  reply."*  Shortly  after, 
the  General  was  introduced  to  Gov.  Van  Ness  by  Mr.  Everett,  when  the 
following  addresses  were  delivered: 

Gov.  Van  Ness  to  Lafayette. 

General  Lafayette  —  Permit  me  to  tender  you  the  congratulations  and 
the  hospitalities  of  the  people  of  this  state,  on  your  arrival  within  its  bor- 
ders. In  the  performance  of  this  welcome  duty,  Sir,  the  first  and  most 
pleasing  points  which  present  themselves,  are  the  character  and  occur- 
rences which  have  distinguished  and  adorned  your  life:  your  publick  and 
your  private  virtues — your  exalted  and  inflexible  patriotism — your  ardent 
and  uniform  devotion  to  the  great  cause  of  liberty  —  and  above  all,  as  it 
regards  us,  your  noble  zeal,  your  disinterested  sacrifices,  and  your  emi- 
nent services,  in  that  memorable  struggle,  which  resulted  in  the  estab- 
lishment of  the  independence  of  these  United  States.  But  to  dwell 
minutely  on  these,  could  only  be  a  repetition  of  what  has  been  a  thousand 
times  said  and  published  ;  and  the  recital  of  which,  in  new  and  glowing 
terms,*  has  but  recently  greeted  your  ear,  and,  I  trust,  cheered  your 
heart,  at  every  step,  throughout  this  happy  and  rejoicing  country  —  a 

'Fiom  the  North  Star  of  March  29, 1825,  copied  from  the  Burlington 
Sentinel ;  and  fortunately  so,  since  the  only  file  of  the  Sentinel  of  1825, 
known  to  the  editor  of  this  volume,  does  not  contain  the  number  in 
which  the  foregoing  letters  were  printed. 

8  These  addresses  were  never  printed. 

3  By  Daniel  Webster,  on  the  anniversary  of  the  battle  of  Bunker  Hill. 


Appendix  B.  491 

country,  which  at  the  same  time  acknowledges  you  as  a  father,  and 
proudly  claims  you  as  a  son. 

But  though  our  tongues  have  been  forestalled,  our  hearts  are  not  the 
less  full.  They  have,  indeed,  been  constantly  and  tenderly  alive  to  all 
your  movements,  and  whatever  concerned  you,  while  traversing  the 
Union;  but  it  has  been  reserved  to  an  hour  in  which  our  soil  is  hallowed 
by  your  tread,  for  them  to  pour  out,  without  measure,  the  libations  of 
their  gratitude,  and  their  affection.  That  these  are  now  rushing  forth 
from  their  overflowing  fountains,  in  torrents  behind  whose  rapidity  any 
language  of  mine  cannot  but  lag,  is  sufficiently  seen  in  the  intense  and 
adoring  gaze  of  the  crowd  by  which  you  are  surrounded. 

General,  I  have  the  honour  to  represent,  on  this  interesting  occasion, 
a  people  plain  and  hardy,  but  intelligent  and  virtuous  ;  industrious 
cultivators  of  the  earth,  but  enjoying,  on  their  lofty  hills,  and  in  their 
lowly  vallies,  comfort  and  independence.  Sincerely  attached  to  the 
constitution  and  government  of  their  country,  they  will  never  shrink 
from  any  sacrifices  necessary  to  support  and  defend  them.  And  if  it 
may  become  me,  I  would  add,  that  their  bravery  and  patriotism  have 
been  severely  tested,  in  the  darkest  hours  of  peril  and  dismay,  and 
found  firm  and  immovable,  as  the  mountains  which  majestically  stretch 
themselves  through  the  midst  of  them. 

It  is,  too,  a  source  of  no  small  gratification  to  me,  that  they  can  number 
among  them,  many  of  the  worthy  veterans  who  served  in  the  same  cause, 
in  which  you  so  gloriously  distinguished  yourself.  But  if  I  am  so  inade- 
quate to  express  the  feelings  of  others,  how  far  beyond  me  is  it  to  describe 
the  emotions  which  must  agitate  the  bosoms  of  those  venerable  fathers, 
on  saluting,  at  this  lapse  of  time,  one  of  their  old  and  beloved  Generals, 
and  whom  in  all  probability  their  eyes  are  to  behold  for  the  last  time,  on 
this  side  of  the  grave.  With  their  bodies  enfeebled  by  the  ravages  of 
many  a  year,  and  their  locks  bleached  by  the  sun  of  many  a  summer, 
their  hearts,  yet  warm  as  the  warmest,  and  tender  as  the  tenderest,  will 
be  lighted  up  and  animated  with  a  blaze,  kindled  by  a  spark  from  the 
altar  of  '76,  but  whose  blissful  warmth  none  but  they  and  you  can  be 
permitted  fully  to  realize. 

General,  in  the  name  and  behalf  of  the  state,  I  once  more  cordially 
greet  you.  And  on  my  own  part,  be  assured,  my  dear  sir,  that  every 
faculty  of  my  soul  responds  to  the  sentiments  I  have  delivered  for  my  con- 
stituents. 

Reply  of  Lafayette. 

The  testimonies  of  esteem  and  affection  bestowed  upon  me  by  the 
people  of  Vermont  and  their  representative  and  chief  magistrate,  are  the 
more  gratifying  as  I  had  eagerly  anticipated  the  pleasure,  in  my  happy 
visit  through  the  United  States,  once  more  to  behold  those  celebrated 
mountains,  the  very  thought  of  which  recalls  to  my  mind  glorious,  pat- 
riotick,  and  endearing  associations.1  From  this  state,  Sir,  by  a  gallant 
band  of  patriots,  and  their  worthy  leader  and  prototype,  was,  for  <the  first 
time,  proclaimed  on  the  ramparts  of  a  British  fortress,  the  name  of  the 
Continental  Congress.  Nor  ever  did  the  vicinity  of  the  enemy  on  the 
northern  frontier,  and  family  difficulties  on  every  other  side,  one  instant 

^his  indicates  that  Lafayette  had  been  in  Vermont  before,  or  at 
least  in  sight  of  its  mountains — probably  in  1778,  when  he  was  to  com- 
mand an  expedition  to  Canada,  in  which  the  Green  Mountain  Boys 
were  to  be  employed. 


492  Appendix  D. 

cool  the  ardour  of  the  sons  of  Vermont  to  defend  the  cause  of  American 
independence  and  freedom.  Now  I  have  the  happiness  to  see  the  hardy 
and  the  virtuous  inhabitants  of  this  state  peaceably  cultivating  their 
lofty  hills  and  their  handsome  valleys,  with  the  intelligence  and  spirit 
which  characterise  them;  I  see  them,  in  common  with  their  sister  states, 
enjoying  the  blessings  of  the  new  American  social  order,  so  far  superior 
even  to  the  least  exceptionable  institutions  of  Europe.  What  hitherto 
was,  at  best,  religious  toleration,  has  been  here  exchanged  for  religious 
liberty  and  equality — privilege  for  right — royal  charter  mock  represent- 
atives, inefficient  compromises  between  nations  and  a  few  loyal  and  aris- 
tocratical  families,  for  the  sovereignty  of  the  people,  for  truly  represent- 
ative and  self-government. 

Sir,  I  most  cordially  thank  you,  for  the  friendly  and  flattering  manner 
in  which  you  are  pleased  to  express  the  feelings  of  the  people  of  this 
state;  a  most  gratifying  specimen  of  this  goodness  I  now  have  the  grat- 
ification to  witness.  I  thank  you  for  your  sympathy  for  the  delight  I 
feel  to  see  the*  happy  citizens  of  Vermont  enjoying  all  the  blessings  of 
republican  liberty,  and  among  them  to  recognize  many  of  my  beloved 
companions  in  arms.  Be  pleased  to  accept  in  your  own  name,  and  in 
behalf  of  the  people  and  representatives  of  Vermont,  the  tribute  of  my 
respectful  devotion  and  gratitude. 


Addresses  at  Woodstock,  June  28, 1825. 
Hon.  Titus  Hutchinson  to  Lafayette. 

General  Lafayette, —  We  have  assembled  in  expectation  of  your  arrival 
and  now  bid  you  the  most  cordial  welcome  to  this  town  and  village. 
We  have  formed  no  pretensions  to  rival  the  brilliant  specimens  of  taste 
and  wealth  you  have  witnessed  in  many  populous  towns  ;  but  we  proffer 
you  the  homage  of  our  hearts,  grateful  that  you  have  lived  ;  that  you 
have  possessed  a  spirit  of  enterprise;  that  you  have  labored  in  the  cause 
of  liberty,  and  that  in  its  own  native  clime;  that  you  still  live  to  see  and 
enjoy  the  fruits  of  your  labors  ;  that  you  live  to  perform  your  present 
tour,  and  be  here  this  day  ;  that  we,  who  before  have  only  heard  and 
read  of  Lafayette,  do  now  behold  him  in  the  midst  of  us.  As  you  have 
passed  through  other  states,  you  have  found. cities  and  towns,  by  you  once 
defended  from  their  enemies,  now  become  populous  and  wealthy:  here  are 
presented  to  your  view  a  village  and  a  temple  reared  upon  an  area  which 
was  then  clothed  with  the  verdure  of  the  forest :  and  you  every  where 
in  the  United  States  discover  science  and  the  arts,  agriculture,  commerce 
and  manufactures  making  rapid  strides  to  eminence  under  the  fostering 
care  and  patronage  of  the  free  government  which  we  have  received  as 
the  result  of  that  glorious  revolution  in  which  you  performed  such  a 
conspicuous  part. 

Although  one  generation  and  almost  a  second  have  passed  away,  a 
few  patriots  of  the  revolution  still  survive.  Some  of  these  present  have 
marched  in  defence  of  their  country  in  obedience  to  your  commands. 
These  all  yet  live  to  tell  us  and  their  posterity  what  our  liberties  cost 
and  how  they  were  attained  :  nay  more,  they  are  the  living  heralds  of 
your  disinterested  and  efficacious  exertions  to  redeem  us  from  colonial 
bondage  and  guarantee  to  us  those  free  institutions  which  are  at  once 
the  glory  and  happiness  of  our  country,  and  are  extending  their  benign 
influence  through  the  world. 

We  should  rejoice  in  your  longer  continuance  here,  if  other  and  higher 
claims  would  permit ;  but  we  know  you  must  speedily  progress  on  your 
tour,  and  we  express  the  sincere  desire  of  our  hearts  that  your  path 


Appendix  D.  493 

may  be  strewed  with  flowers,  fragrant  flowers,  till  you  arrive  at  the 
blissful  shores  of  immortality. 

Reply  of  Lafayette— Abstract.1 

The  General  immediately  made  a  pertinent  and  interesting  reply  to 
the  address.  He  seemed  to  retain  the  whole  in  his  memory,  and  glanced 
at  the  several  points  nearly  in  the  order  exhibited.  He  expressed, 
among  other  things,  the  satisfaction  he  derived  from  so  cordial  a  wel- 
come here,  as  announced  in  the  address.  He  also  attributed  the  great 
prosperity  which  he  observed  here  and  in  all  his  travels  in  America,  to 
that  liberty  and  free  government  which  we  enjoy.  In  allusion  to  the 
revolutionary  characters,  he  said  he  did  not  think  it  strange  that  so 
many  yet  survived,  considering  the  interest  this  State  took  in  the  scenes 
of  the  revolution,  and  how  many  were  occupied  with  those  scenes, 
though  the  state  was  then  young  and  thinly  settled.  He  lamented  that 
he  could  not  tarry  longer  with  us  ;  but  said  it  was  impossible,  as  his 
appointments  urged.  Hoped  we  should  be  pleased  to  excuse  his  haste  ; 
and  wished  us  prosperity  and  happiness. 


Address  at  Eoyalton,  June  28, 1825. 
Hon.  Jacob  Collamer  to  Lafayette. 

General  Lafayette, — In  behalf  of  the  citizens  of  Royal  ton  and  its  vicinity* 
I  am  requested  to  express  their  extreme  joy  at  beholding  you  among 
us.  We  bid  you  welcome  to  the  green  hills  and  happy  villages  of 
Vermont. 

We  know  no  way  of  rendering  this  welcome  more  acceptable  to  our 
nation's  guest  than  by  assuring  you  that  every  little  town  and  village, 
however  remote  and  obscure  in  the  mountains  which  environ  it,  is  happy 
in  the  care  and  protection  of  our  government. 

In  the  full  enjoyment,  in  common  with  our  splendid  cities,  of  all  those 
privileges  and  blessings  which  flow  from  the  liberality  of  our  republican 
institutions,  and  surrounded  with  the  light  and  intelligence  which  attend 
those  institutions,  we  cannot  be  insensible  whence  these  blessings  flow, 
or  the  debt  of  gratitude  which  they  imply.  These  are  the  happy  results 
of  your  early  labors  and  those  of  your  compatriots.  Hence  the  thrill 
of  pleasure  which,  at  your  condescending  visit,  vibrates  with  elec- 
tric rapidity  and  sympathetic  orison  to  the  most  obscure  and  remote 
recesses  and  extremities  of  our  nation. 

Humbly,  then,  Sir,  but  with  sincere  hearts  would  we  wish  to  add,  to 
the  gratulations  of  our  cities,  our  rustic  salutations  of  welcome,  and  thus 
to  express  a  nation's  gratitude  to  its  early  benefactor. 

We  bless  the  day  on  which  we  are  permitted  to  behold  you,  for  your 
name  and  services  we  have  long  been  accustomed  to  associate  and  iden- 
tify with  those  of  the  Father  of  our  country. 

"To  this  the  General  made  an  appropriate  reply." — Woodstock  Ob- 
server of  July  5, 1825. 


East  Randolph— June  28, 1825. 
It  is  understood  that  Lafayette  was  addressed  at  East  Randolph  by  the 
Bev.  Wilbur  Fisk,  but  no  account  of  the  proceedings  can  be  found. 

1  From  the  Woodstock  Observer  of  July  5, 1825. 


494  Appendix  D. 

Possibly  the  address  may  be  found  in  the  volume  of  the  Life  and  Writings 
of  the  Rev.  Dr.  Fisk,  by  Rev.  Dr.  Holdich,  published  in  New  York  city 
in  1842. 

Addresses  at  Montpelier,  June  28  and  29, 1825. 
Ron.  Elijah  Paine,  Judge  of  the  77.  S.  Courts  for  the  District  of  Vermont, 

to  Lafayette. 

Gen.  Lafayette, — The  citizens  of  Montpelier  and  the  vicinity  have  as- 
sembled to  bid  you  welcome  to  this  recently  erected  village,  and  it  gives 
me  great  pleasure  that  I  am  made  their  organ  on  this  joyful  occasion. 

We  can  say  but  little  that  you  have  not  heard  from  millions  of  others. 
We  acknowledge  with  deep  gratitude  your  toils  and  your  sacrifices  in  the 
time  of  our  greatest  need.  Your  cotemporaries  admired  the  gallantry 
of  your  earlier  days  in  the  cause  of  freedom  and  of  a  people  contending 
for  the  right  of  self  government — and  all  the  friends  of  liberty  have 
revered  your  character  in  more  advanced  life  for  your  uniform  adherence 
to  the  principles  of  rational  liberty. 

We  congratulate  you  on  having  nearly  completed  the  tour  of  the 
United  States  in  health,  and  hope  you  have  received  great  pleasure  and 
satisfaction  in  witnessing  the  fruits  of  your  early  toils  and  sacrifices,  in 
the  improvement  and  prosperity  of  a  widely  extended  Republic.  We 
believe  you  have  seen  a  great  Nation  enjoying  the  blessings  of  liberty 
without  licentiousness. 

When  you  left  this  country  after  the  war  of  the  revolution,  the  State 
of  Vermont  had  but  just  begun  to  have  a  name.  At  that  time  almost 
the  whole  State  was  a  wilderness — yet  we  are  proud  of  some  of  the  feats 
performed  in  that  war  by  the  arms  of  Vermont.  We  count  upon  ourselves 
as  principals  in  the  capture  of  a  whole  British  army  under  Burgoyne,  the 
consequences  of  which  are  too  well  known  to  you  to  need  a  rehearsal. 

The  State  of  Vermont  cannot  show  to  you  large  towns  and  cities  ; 
but  it  can  show  to  you  what  is  perhaps  of  as  much  consequence  :  it  can 
show  to  you  a  sober,  substantial,  intelligent  and  well  informed  yeomanry. 

We  most  fervently  join  in  the  prayer  of  a  whole  Nation,  that  you  may 
return  in  health  and  safety  across  the  ocean  to  the  bosom  of  your  family, 
and  that  the  blessing  of  God  may  attend  you  through  the  remainder  of 
your  life. 

Beply  of  Lafayette. 

The  welcome  I  receive  from  the  citizens  of  Montpelier,  the  great 
number  of  friends  who  at  this  late  hour l  have  been  pleased  to  wait  my 
arrival,  and  the  particular  gratification  to  hear  their  affectionate  feelings 
expressed  by  you,  my  dear  sir,  fill  my  heart  with  the  most  lively  senti- 
ments of  pleasure  and  gratitude. 

Well  may  I,  Sir,  acknowledge  the  patriotic  titles  of  this  State,  not 
only  as  having  been  the  theatre  of  a  most  important  event,  the  victory 
of  Bennington,  and  having  largely  contributed  to  the  happy  turns  in 
the  north  —  but  also,  as  having  by  her  devotion  to  the  general  cause, 
and  by  the  gallantry  of  her  hardy  sons,  constantly  taken  a  great  propor- 
tionate share  in  our  revolutionary  struggle  ;  nor  shall  I  omit  this  oppor- 
tunity to  express  my  early  interest  in  the  local  feelings  and  wishes  of 
the  State  of  Vermont. 

Sir,  I  have  now  accomplished  one  of  the  greatest  objects  in  my  life  ; 
I  have  visited  the  twenty-four  states  of  the  Union  ;  I  have  been  the 

1  About  ten  o'clock  in  the  evening. 


Appendix  D.  495 

happy  witness  of  the  immense,  rapid,  and  ever  increasing  results  of 
Independence,  Republican  institutions,  and  self  government ;  and  you, 
Sir,  and  all  of  you  whom  I  have  the  pleasure  to  address,  I  most  cordially 
congratulate  on  the  public  and  domestic  happiness  which  is  enjoyed  by 
the  citizens  of  Vermont,  and  I  beg  you  to  accept  my  affectionate  and 
respectful  thanks. 

On  the  morning  of  the  29th,  the  ladies  of  Montpelier  assembled  in  the 
Congregational  Church,  now  superseded  by  Bethany  Church,  when  the 
following  addresses  were  delivered  : 

Mrs.  Watrous,  wife  of  Erastus  Watrous  Esq.,  to  Lafayette. 

General  Lafayette, — Permit  me,  Sir,  in  behalf  of  the  ladies  present,  to 
express  to  you  how  highly  we  are  gratified  with  this  visit  to  our  metrop- 
olis. To  us,  born  free  as  the  mountain  air  we  breathe,  the  man  whose 
bosom  warmed  with  the  sacred  glow  of  patriotism  when  beholding  an 
infant  nation  struggling  for  liberty,  who  sacrificed  the  sweet  endearments 
of  domestic  society,  the  splendour  of  rank,  and  staked  for  time  and  life, 
to  secure  to  us  and  ours  the  blessings  we  now  enjoy  ;  to  us,  he  is  wel- 
come. We  greet  you  with  a  cordial  welcome,  to  our  country,  our 
homes,  and  our  hearts. 

Great  must  be  your  satisfaction,  in  your  progress  through  the  states, 
to  behold  in  many  places  the  wilderness  to  have  "  budded  and  blossomed 
as  the  rose,"  the  arts  of  civilized  life  to  have  advanced  in  the  scale  of 
perfection  to  a  competition  with  Europe,  while  far  and  wide  are  diffused 
the  blessings  of  peace  and  plenty,  and  on  every  side  the  children  of  those 
who  were  companions  in  arms,  vieing  with  each  other  in  expressions  of 
gratitude  to  our  country's  benefactor. 

Accept,  dear  General,  our  united  aspirations  for  your  health  and  long 
life.  With  you,  may  the  evening  of  life  be  peculiarly  pleasant — like  the 
setting  sun  after  a  glorious  day,  sinking  gradually,  and  throwing  back 
increasing  beauty  and  splendour  with  every  expiring  beam.  May  kind 
hands  and  affectionate  hearts  soothe  and  administer  to  every  want, 
and  smooth  the  pillow  of  declining  age;  and  when  at  length  the  "vital 
spark"  shall  quit  its  earthly  tenement,  may  the  angel  of  Death  open  to 
you  the  portals  of  eternal  bliss  in  Heaven. 

With  ms,  and  with  every  freeborn  child  of  America,  the  name,  the 
bravery,  the  virtues,  the  disinterested  generosity  of  Lafayette  will  ever 
be  perpetuated  with  our  beloved  Washington. 

Reply  of  Lafayette. 

The  General  replied  in  substance  as  follows:1 

Madam, — I  regret  very  much  that  the  late  hour  of  my  arrival  last  eve- 
ning prevented  my  having  a  more  particular  interview  with  the  ladies. 
I  am  happy  to  see  them  this  morning.  I  beg  you  to  express  to  them  ray 
thanks  for  the  cordial  reception  they  have  given  me  in  this  metropolis, 
which  I  am  very  happy  to  visit. 

I  am  very  sensible  of  the  respect  and  attention  which  have  been  shown 
me  in  every  part  of  the  country  I  have  visited.  I  thank  the  people  for 
the  gratitude  they  have  manifested.  Mrs.  Watrous,  I  am  not  able  to 
express  my  feelings  on  this  occasion.  I  beg  you  to  accept,  and  assure 
the  ladies,  of  my  good  wishes;  I  wish  them  happy. 

1  From  the  Vermont  Watchman  of  July  5,  1825,  copied  in  the  North 
Star  of  July  12,  and  also  in  the  Northern  Sentinel. 


496  Appendix  D. 

To  you,  Madam,  particularly,  I  express  my  thanks  for  the  very  kind 
and  affectionate  manner  in  which  you  have  addressed  me.  The  recol- 
lection of  it  will  ever  be  pleasant  to  me.    I  have  not  time  to  say  more. 


Addresses  at  Burlington,  June  29,  1825. 
Hon.  William  A.  Griswold  to  Lafayette. 

General, — Amongst  the  numerous  manifestations  of  heartfelt  gratitude 
and  joyous  acclamations,  which  greeted  you  on  your  arrival,  and  followed 
you,  during  a  prosperous  and  extensive  tour  through  our  beloved  coun- 
try, allow  me,  as  the  deputed  organ  of  the  citizens  of  Burlington,  to 
tender  you  their  hospitalities  and  bid  you  a  cordial  and  affectionate 
welcome. 

We  come  not  to  offer  the  incense  of  adulation,  but  to  render  homage 
justly  due;  not  to  recount  the  many  distinguished  acts  of  your  life,  so 
full  of  glory  to  yourself  and  of  such  lasting  benefit  to  the  cause  of  rational 
liberty  throughout  the  world,  nor  merely  to  reiterate  the  sentiments, 
which  have  been  so  feelingly  and  eloquently  expressed  by  all  classes  of 
our  citizens  in  every  section  of  *the  country,  but  to  assure  you  that  our 
hearts  beat  in  unison  with  theirs,  and  that  we  rejoice  in  the  opportunity 
now  afforded,  to  evince  our  admiration  of  your  character  and  veneration 
for  your  virtues. 

The  circumstances  attending  your  visit  to  this  land  of  liberty,  present 
a  spectacle  unparalleled  in  the  history  of  the  world.  While  the  sons  of 
those,  who  were  formerly  your  companions  in  arms,  are  testifying  their 
joy  and  gratitude,  their  wives  and  daughters  are  not  less  grateful  for  the 
delightful  privilege  they  enjoy,  of  telling  their  children  of  your  illustri- 
ous deeds,  and  of  instructing  them  to  imitate  your  brilliant  examples. 
It  has  also  rekindled  a  spirit  of  increased  devotion  to  the  principles  of 
free  government,  and  one  which,  we  trust,  will  not  be  extinguished  until 
•'  history  is  dumb,  and  memory  becomes  extinct." 

Few,  very  few  of  the  revolutionary  heroes,  then  the  hardy  sons  of  our 
Green  Mountains,  were  eye  witnesses  to  your  valor  and  constancy  dis- 
played throughout  our  revolutionary  contest ;  and  fewer  still  have  sur- 
vived the  lapse  of  half  a  century,  to  unite  with  us  in  rendering  honor  to 
an  early  patriot  and  our  distinguished  friend.  Yet  a  small  and  highly 
favored  remnant  have  been  kindly  preserved,  and  tottering  with  age 
and  infirmity,  are  now  embodied  before  you  with  hearts  bounding  with 
joy  and  exultation  at  your  presence.  And  it  is  a  proud  consolation  to 
them  and  us  to  know,  that  they  still  hold  a  transcendant  place  in  your 
affections. 

During  the  gloomy  period  of  1781,  the  citizens  of  this  State  were 
violently  assailed  by  two  powerful  neighboring  States,  claiming  jurisdic- 
tion over  her  territory,  and  while  contributing  liberally  to  the  common 
cause,  her  bold  and  inflexible  patriots  were  nobly  struggling  for  self 
existence  and  state  independence.  The  waters  of  yonder  beautiful  Lake 
were  covered  with  an  hostile  fleet  and  powerful  army,  and  all  her  strong 
holds  in  the  undisturbed  possession  of  the  enemy.  This  was  a  time  for 
coward  hearts  to  despond.  But  the  statesmen  of  that  day  were  strangers 
to  fear,  and  Washington,  the  sainted  Washington,  your  illustrious  com- 
peer, was  our  mediator  and  our  friend.  An  intrepid  self  created  board 
of  war,  consisting  of  eight  persons  only,  wielded  the  destinies  of  a  scat- 
tered population  of  about  thirty  thousand  souls.  Although  the  ambigu- 
ity of  their  conduct  for  a  short  time  created  some  distrust  abroad,  yet 
their  stern  integrity  inspired  confidence  at  home,  while  their  masterly 
and  resolute  policy  rendered  the  enemy  inactive,  retarded  their  opera- 


Appendix  D.  497 

tions,  and  protected  an  extensive  and  defenceless  frontier  from  pillage 
and  devastation.  At  this  critical  moment,  when  the  destinies  of  this 
State,  (then  an  almost  outlawed  territory,)  were  approaching  a  crisis  ; 
when  despondency  came  creeping  even  upon  the  stoutest  hearts,  the 
cheering  news  of  the  surrender  of  Cornwallis  was  proclaimed.  The 
independence  of  our  country  was  sealed,  and  with  it,  the  people  of  Ver- 
mont delivered  from  peculiar  and  trying  embarrassments.  Then  the 
name  of  Lafayette  resounded  through  the  air,  hung  with  rapture 
upon  every  tongue,  and  still  remains  enshrined  in  every  American 
heart. 

Now,  under  the  auspices  of  an  enlightened  and  well  regulated  govern- 
ment, purchased  and  cemented  by  the  best  blood  of  our  fathers,  we  are 
reaping  the  full  rewards  of  all  their  toils  and  suffering.  Our  hearts  then 
shall  ascend  with  grateful  supplication  to  the  Most  High,  that  He  would 
graciously  vouchsafe  to  perpetuate  the  privileges  and  blessings  we  enjoy 
to  the  latest  posterity,  and  unitedly  resolve  to  cherish  with  fond  recol- 
lections the  pleasing  interview  of  this  day,  and  on  its  annual  return, 
renew  our  oaths  of  fidelity  to  our  wise  constitution,  and  devote  a  sacred 
hour  to  implore  the  blessings  of  heaven  upon  the  benefactor  of  our 
country,  and  the  benefactor  of  mankind. 

Reply  of  Gen.  Lafayette. 

While  the  warm  greetings  of  the  citizens  of  Burlington,  and  the  mul- 
titude of  friends,  who  came  to  join  them  on  this  happy  spot,  excite  the 
most  grateful  feelings  of  my  heart,  1  particularly  thank  you,  sir,  for  your 
kind  remarks,  on  the  enjoyment  of  my  passage  through  every  part  of  the 
great  confederacy,  and  namely  through  the  state  of  Vermont.  Among 
the  revolutionary  soldiers,  whom  it  is  my  delight  to  meet,  I  have  the 
gratification,  in  the  sons  of  the  Green  Mountains,  to  find  many  who  have 
been  my  intimate  companions,  and  while  in  the  throngs  of  friends  of 
both  sexes,  and  of  every  age,  who  so  kindly  welcome  me,  I  often  recog- 
nize the  features,  I  can  ever  recognize  the  feelings  of  my  American  co- 
temporaries.  There  shall  never  be  need,  my  dear  sir,  to  rekindle  in 
American  hearts  the  sacred  flame  of  republican  patriotism;  to  keep  it 
up  forever,  it  suffices  to  see  and  feel  the  blessings  of  liberty,  equality, 
and  self-government;  the  more  so,  when  those  dignified  and  prosperous 
blessings  are  compared  with  the  situation  of  another  hemisphere;  yet 
nothing  can  be  more  gratifying  than  the  observation  that  my  visit 
through  the  United  States,  so  delightful  to  me,  has  been  attended  with 
some  public  utility,  and  I  am  happy  to  acknowledge  it  has  afforded  an 
opportunity  once  more  to  assert  the  devotion  of  the  American  people  to 
the  principles  for  which  we  have  fought,  for  the  institutions  which  they 
enjoy,  at  the  same  time  it  once  more  recalls  to  the  attention  of  others 
the  practical  results  of  those  principles,  of  those  institutions.1 

I  am  happy  to  think,  that  while  the  successful  termination  of  our 
Virginia  campaign  has  helped  to  settle  difficulties  of  a  general  concern, 

1  It  cannot  be  doubted  that  the  tour  of  Lafayette  was  of  immense  value 
to  the  nation,  in  rekindling  the  patriotic  spirit  in  the  old,  and  inspiring 
it  in  the  young.  Probably  no  eminent  leader  of  the  Union  army  of  1861 
-'65  will  make  a  similar  tour  forty  years  hence,  but  it  is  to  be  confidently 
hoped  that  the  patriotism  evinced  by  the  immense  services  and  suffer- 
ings of  that  army,  will  perpetuate  the  sentiment  of  "  Liberty  and  Union, 
now  and  forever,  one  and  inseparable." 

32 


498  Appendix  D. 

it  has  peculiarly  contributed  to  satisfy  the  anxious  feelings  of  this  State, 
in  which  from  an  early  period  I  have  myself  felt  deeply  interested. 

To  your  kind  references  to  very  remote  times,  permit  me,  sir,  to  add 
a  mention  of  the  later  period  of  the  late  war,  in  which  the  citizens  of 
Vermont  also  took  a  spirited  part.  One  of  the  theatres  of  the  honoura- 
ble achievments  of  that  war,  both  on  water  and  on  land,  we  may  almost 
greet  from  this  place,  on  the  opposite  shore. 

To  you,  sir,  to  the  citizens  of  Burlington,  to  all  the  friends  who  now 
surround  you,  I  offer  my  most  affectionate,  respectful  acknowledgments. 

A  marked  feature  in  the  ovations  to  Lafayette  in  Vermont,  at  every 
place  at  which  he  tarried,  though  it  was  but  for  a  brief  time,  was  the 
presence  of  all  the  revolutionary  soldiers  who  were  able  to  attend  and 
take,  for  the  last  time,  the  hand  of  their  old  associate  in  arms.  At  Bur- 
lington they  assembled  in  Gould's  long  room,  and  the  proceedings  were 
unusually  formal  and  interesting.  Sergeant  Day,  of  Lafayette's  early 
revolutionary  regiment,  was  present,  bearing  the  sword  presented  to 
him  by  Lafayette,  and  the  interview  between  them  was  very  affecting. 
The  following  addresses  were  delivered: 

David  Russell  Esq.  to  Lafayette. 

General  Lafayette,  Sir,  —  A  few  of  the  surviving  officers  and  soldiers 
of  the  American  Revolution  here  present  themselves  to  bid  you  a  cordial 
reception,  among  those  who  have  so  long  anxiously  waited  your  coming; 
some  of  whom  were  with  you  on  the  tented  field,  and  on  the  ramparts, 
that  witnessed  your  undaunted  bravery  in  defence  of  a  country  then 
almost  in  despair.  But  we  had  a  Washington,  "  whose  head  was  a 
Senate,  and  whose  arm  was  a  Host,"  to  direct  and  lead  us  ;  who,  with 
his  Cabinet  Council  of  brave  officers,  (foreign  and  American,  most  of 
whom  now  sleep  with  their  fathers,)  inspired  their  humble  followers  in 
arms  with  that  courage,  with  that  zeal  in  the  cause  of  liberty,  and  that 
love  of  country,  which  could  not  fail  of  leading  to  the  important  result, 
Freedom  and  Independence. 

We  rejoice  to  meet  you  here,  sir,  although  it  be  but  for  a  moment,  to 
pass  in  review,  and  then  be  separated  forever.  Here  we  reciprocate  the 
feelings  which  can  never  be  obliterated,  in  the  breasts  of  those  who 
have  been  associated  in  arms,  in  a  just  cause,  although  half  a  century 
has  nearly  elapsed  since  those  associations  were  first  formed. 

You  here  behold,  sir,  a  frontier,  then  a  savage  wilderness,  now  wit- 
nessing by  its  improvements  the  blessed  effects,  the  glorious  result  of 
those  patriotic  exertions,  in  which  you  performed  so  distinguished  a 
part. 

We  reluctantly  bid  you  adieu,  sir,  and  pray  our  Almighty  Father  that 
you  may  return  in  health  and  safety  to  your  country  and  family  ;  that 
the  remainder  of  your  days  may  be  peaceful  and  happy  ;  and  that  there- 
after you  may  join  your  great  Prototype  in  Heaven,  and,  with  him  and 
other  departed  Saints  and  Heroes,  forever  rejoice  together  in  the  Para- 
dise of  God. 

Reply  of  Lafayette. 

To  the  Revolutionarg  Soldiers:  —  I  am  delighted,  my  dear  comrades, 
whenever  I  find  myself  among  my  revolutionary  brothers  in  arms  ;  for 
we  were  all  brothers,  fighting  in  the  same  cause  of  independence  and 
freedom  ;  we  all  enjoy  together  the  happy  results  of  our  toils  ;  yet  it  is 
to  me  a  particular  gratification  to  recognize  among  you  many  of  the 


Appendix  D.  499 

intimate  companions  who  served  with  me  in  the  army,  and  several  of 
my  beloved  Light  Infantry  soldiers.  If  I  have  obtained,  in  our  military 
events,  some  fortunate  days,  it  is  to  your  gallantry  in  action,  your  perse- 
verance under  every  hardship,  to  your  personal  affection,  that  I  am 
indebted  for  them.  That  name,  so  dear  to  my  heart,  of  the  soldier's 
friend,  which  you  gave  me  in  my  youth,  I  am  happy  again  to  find  on 
your  lips  in  our  old  age.  Receive,  dear  comrades,  my  most  affectionate 
thanks,  love  and  good  wishes. 

After  dinner,  the  General  laid  the  corner  stone  of  the  south  college  of 
the  University  of  Vermont,  on  which  occasion  the  following  addresses 
were  delivered  : 

Rev.  Willard  Preston,  President  elect  of  the  University,  to  Lafayette. 

General  Lafayette,— In  behalf  of  the  University  of  Vermont,  the  pleas- 
ing duty  devolves  on  me  of  bidding  you  welcome  to  this  spot,  consecra- 
ted to  Science  and  Literature;  and  I  bid  you  a  most  cordial  welcome. 
We  are  not  insensible  of  our  obligations  to  you  and  to  your  compatriots 
in  arms  for  the  distinguished  privileges  we  enjoy,  no  less  of  a  literary 
than  a  civil  and  religious  character.  While  freedom  is  the  nursery  of 
science,  knowledge  and  virtue  are  the  grand  supporting  pillars  of  a  free 
government.  Mutilate  those  and  the  fair  fabrick  falls.  Support  them, 
and  they  stand  against  the  combined  attacks  of  a  frowning  world. 
These  are  supported  in  all  our  institutions  of  learning.  And  it  must 
have  afforded  you  the  highest  satisfaction,  to  see  everywhere  planted, 
throughout  this  extensive  country,  seminaries  of  learning,  from  the  Uni- 
versity to  the  lowest  elementary  schools. 

The  University  of  Vermont  is  comparatively  in  her  infancy.  She  has 
sustained  a  series  of  disasters.  One  year  since,  and  her  noble  edifice 
was  reduced  to  ruins.  But  from  those  ruins,  other  edifices  are  rising 
and  her  prospects  are  brightening.  One  edifice  is  already  erected,  and 
we  ask  you  to  confer  on  us  the  honor  of  laying  the  corner  stone  of  a 
second. 

With  renewed  assurances  of  the  pleasure  we  feel  on  this  proud  and 
interesting  occasion,  permit  me  to  present  you  my  hand,  and  introduce 
you  to  the  Faculty  and  Students  of  this  University. 

Beply  of  Lafayette.— Abstract.1 

In  his  reply  the  General  expressed  the  high  sense  he  had  of  the  honor 
conferred  upon  him  in  permitting  him  to  lay  the  corner  stone  of  so  in- 
teresting a  building;  and  (said  he)  I  am  sure  that  the  young  sons  of 
Vermont  will  ever  evince,  in  their  studies,  the  same  ardor  and  persever- 
ance which  at  all  times  and  on  every  occasion  have  characterized  the 
spirited  inhabitants  of  the  Green  Mountains. 


The  proceedings  at  Burlington,  and  in  Vermont,  were  closed  by  a 
reception  and  splendid  entertainment  at  the  residence  of  Gov.  Van 
Ness,  when  Gen.  Lafayette  and  his  suite  embarked  on  the  steamer 
Phoenix  with  all  the  honors  suitable  to  the  occasion,  and  left  Vermont 
for  Whitehall,  N.  Y. 

1  From  the  Northern  Sentinel,  Burlington,  of  July  8, 1825. 


500  Appendix  D. 

It  is  quite  probable  that  other  civil  or  military  demonstrations,  or 
both,  were  made,  at  Brookfield,  Williamstown,  Barre,  Middlesex,  Water- 
bury,  Richmond,  and  Williston,  and  perhaps  in  other  towns,  though  the 
tarry,  if  any,  at  these  places  must  have  been  very  brief.  A  search  of  all 
the  newspapers  of  that  day,  which  are  accessible,  has  discovered  no  men- 
tion of  such  demonstrations,  if  such  there  were.  Salutes  at  least  may 
have  been  given,  and  certainly  the  most  hearty  cheers  to  the  General 
all  along  his  route.  No  revolutionary  officer  then  living,  and  none  but 
Washington  in  his  lifetime,  could  have  aroused  the  enthusiasm  with 
which  Lafayette  was  greeted  in  Vermont. 

It  has  not  been  deemed  advisable  to  swell  this  volume  by  details  of 
processions,  marches,  public  dinners,  and  toasts;  but  the  names  of  per- 
sons prominently  engaged  in  honoring  Lafayette  will  be  so  acceptable 
to  the  very  few  yet  living,  and  to  the  descendants  of  those  who  are  not, 
and  toasts  of  the  General  so  interesting  to  all,  that  it  is  thought  best  to 
subjoin  them,  to  wit: 

At  Windsor. — Marshal,  Gen.  Asaph  Fletcher,  assisted  by  Col.  Daniel 
Bowen,  I.  Gregory,  T.  Boynton,  J.  P.  Skinner,  and  V.  B.  Horton.  Mil- 
itary— Jefferson  Artillery,  Windsor,  Capt.  L.  Lull;  Hartland  Rifle  Com- 
pany, Capt.  J.  Kelley;  Weathersfield  Light  Infantry,  Capt.  Clement; 
and  first  Infantry,  Windsor,  Capt.  J.  Lull,  Jr. — the  whole  under  the 
command  of  Lieut.  Col.  Alba  Stimson  of  Norwich,  assisted  by  Geo. 
Wetherby  of  Hartland  as  Adjutant.  The  General  and  suite  were  enter- 
tained at  Pettes's  Coffee  House. 

At  Woodstock.— Marshal,  Lieut.  Col.  R.  M.  Ransom,  assisted  by  Capt. 
G.  W.  Rice.  Military — Woodstock  Light  Infantry,  Capt.  B.  F.  Mower, 
and  two  companies  of  Ipfantry,  Captains  Richmond  and  Parker;  Pom- 
fret  Rifle  Company,  C.apt.  Snow;  and  Barnard  Artillery,  Capt.  Warner. 

At  Boyalton. — Marshal,  Oel  Billings.  Military— Tunbridge  Cavalry, 
Capt.  Eaton,  the  escort  under  the  direction  of  Major  Warren;  and  an 
artillery  company  volunteered  for  the  occasion,  consisting  of  revolution- 
ary patriots.  Gen.  Lafayette  and  party  stopped  at  Col.  Smith's  hotel. 
Committee  of  arrangements,  Moses  Cutter,  Daniel  Rix,  Joseph  A.  Den- 
ison,  John  Francis,  Franklin  Hunter,  and  Jacob  Col  lamer. 

At  Montpelier.— Chief  Marshal,  Col.  Joseph  Wiggins,  assisted  by  Ad- 
jutant Calvin  Winslow,  Capt.  W.  W.  Cadwell,  and  Samuel  Goss,  Esq. 
Military — Washington  Artillery,  Capt.  Joseph  Somerby,  a  company  in- 
dependent of  other  military  organizations,  and  serving  as  the  governor's 
guard;  Montpelier  Light  Infantry,  Capt.  Daniel  Baldwin;  Berlin  In- 
fantry, Capt.  Taplin;  and  a  company  of  Montpelier  lads  about  fourteen 
years  of  age,  Capt.  Eliakim  P.  Walton.  To  the  boys  was  assigned  the 
post  of  honor,  as  body  guards  to  the  General  and  his  suite,  and  they  re- 
ceived his  thanks  and  compliments.  The  entertainment  was  at  the  Pa- 
vilion, then  kept  by  Solomon  Mann. 

At  Burlington. — Marshal,  Heman  Lowry,  with  fourteen  deputies. 
Military — Detachment  of  Cavalry  under  Maj.  Erastus  Meach;  Indepen- 
dent Grays  of  Burlington,  Capt.  H.  Thomas;  and  Artillery,  Capt.  Corn- 
ing. Rooms  were  assigned  to  the  General  and  party  at  Gould's  hotel, 
where  the  public  dinner  was  given.  Horace  Loomis  Esq.  presided,  sup- 
ported by  Timothy  Follett,  Samuel  Hickock,  Guy  Catlin,  A.  W.  Hyde, 
and  John  C.  Thompson.  At  the  wharf,  on  leaving,  the  party  was 
saluted  by  the  steamers  Phenix,  Capt.  G.  Burnham,  and  Congress,  Capt. 
I.  H.  Harrington. 


Appendix  D,  501 

Toasts  by  Gen.  Lafayette. 

At  Montpelier. —  Vermont,  Montpelier,  and  the  Green  Mountains, 
from  which  was  early  echoed  and  valiently  supported  the  Republican 
cry  for  Independence  and  Freedom— May  its  happy  results  be  more  and 
more  enjoyed  by  the  sons  of  the  Green  Mountains. 

At  Burlington.  —  The  town  of  Burlington  —  May  the  Holy  Alliance  of 
Agriculture,  Manufacturing  industry,  and  Commerce,  under  the  influ- 
ence of  her  republican  institutions  and  her  fortunate  situation,  more 
and  more  ensure  her  prosperity  and  happiness. 

This  toast  has  been  remarkably  fulfilled.  On  being  asked  to  give 
another  toast,  the  General  gave 

The  memory  of  Ethan  Allen,  and  his  early  companions,  the  old  Green 
Mountain  Boys. 


Gen.  Lafayette's  last  Act  in  America. 

[From  the  North  Star,  Danville,  of  Dec.  6, 1825.] 

After  a  lapse  of  nearly  fifty  years,  when,  with  most,  the  companions 
of  their  youth  are  forgotten,  this  distinguished  friend  of  our  country  left 
his  native  land,  and  "came  and  saw  and"  again  "conquered"  —  not  our 
enemies,  for  they  were  not,  but  ourselves  ;  and  that,  not  by  the  achieve- 
ments of  his  arms,  but  by  the  goodness  of  his  heart.  He  sought  out, 
and  recognized,  and  welcomed  to  his  embrace,  many  of  the  surviving 
patriots  of  the  revolution,  and  those,  whom  his  rapid  passage  through 
our  extensive  country  would  not  permit  him  to  see,  he  inquired  for,  and 
found  means  to  do  them  good. 

Tears  of  joyful  recognition,  and  of  unwilling  separation,  have  flowed 
in  every  state  of  our  Union.  Our  great  and  good  friend  has  left  our 
shores  ;  but,  as  if  not  satisfied  with  the  joy  and  the  happiness  he  had 
diffused  around  him,  he  yet  lingered,  after  he  had  embarked  on  board 
the  Brandywine,  to  add  another  to  the  many  acts  of  munificence,  which 
had  not  only  distinguished  his  visit  to  his  adopted  country,  but  his 
whole  life. 

He  had  learned  that  an  officer  of  the  revolution,  one  of  his  companions 
in  arms,  had  been,  for  a  long  period,  imprisoned  for  debt ;  and  although 
he  could  not  visit  him  in  his  confinement,  yet  he  generously  furnished 
the  means  for  his  release.    That  officer  was  Gen.  William  Barton. 

In  a  letter,  written  on  board  the  Brandywine,  addressed  to  Gen. 
Fletcher,'  with  whom  he  had,  while  in  Vermont,  conferred  upon  the 
subject,  Lafayette  enclosed  a  draft,  with  a  request  that  the  sums,  for 
which  Gen.  Barton  was  confined,  should  be  paid.  That  request  was 
complied  with,  and  Gen.  Barton  was  informed  that  he  was  no  longer 
a  prisoner  !   With  what  emotions  of  surprise  and  gratitude  this  intelli- 

1  Gen.  Isaac  Fletcher  of  Lyndon,  member  of  Congress  from  Ver- 
mont 1837  to  1841.  It  is  not  to  be  supposed  for  a  moment  that  Gen. 
Barton  requested  aid  from  Lafayette.  It  is  certain,  that,  being  unable 
in  person  to  go  to  Montpelier,  Gen.  Barton  requested  Gen.  Fletcher  to 
present  his  salutations  and  express  his  great  affection  and  sympathy, 
and  that  thereupon  Lafayette  himself  elicited  the  information  which  led 
to  his  princely  and  Christian  munificence. 


•502  Appendix  D. 

gence  was  received  by  the  valiant  capturer  of  Prescott,  can  be  better 
imagined  than  described. 

The  scene  was  rendered  more  interesting  by  the  peculiarly  delicate 
manner  in  which  the  business  was  conducted  and  the  fact  announced  by 
Gen.  Fletcher. 

Many  excellent  sentiments  were  given  by  those  assembled  to  witness 
the  scene,  and  all  participated  in  the  satisfaction  which  was  expressed, 
that  Gen.  Barton  was  at  liberty  to  return  to  his  family,  after  a  separa- 
tion of  more  than  thirteen  years. 

Gen.  Barton's  Return  to  his  Family  in  Rhode  Island. 

From  a  letter  to  the  Boston  Gazette,  copied  in  the  North  Star  of  Jan.  3,  1826. 

The  day  I  left  Boston,  Dec.  16th,  [1825,]  I  had  the  pleasure  of  finding 
Gen.  William  Barton  in  the  stage-coach,  bound  to  Providence  to  see  his 
family  and  home,  after  an  absence  of  [about]  fourteen  years,  during 
which  time  he  had  been  confined  for  debt  at  Danville,  Vermont.  A  few 
days  since  he  was  liberated  by  a  remittance  from  his  old  companion  in 
arms,  the  good  Lafayette.  It  seemed  to  astonish  the  old  General  to  see 
the  great  alterations  on  the  road  as  we  approached  Providence;  and 
when  he  spoke  of  the  Marquis,  (as  he  always  calls  Lafayette,)  his  eyes 
filled  with  tears  of  gratitude.  He  has  been  a  very  powerful  man,  and 
retains  now,  in  the  seventy-seventh  year  of  his  age,  much  of  the  vigor 
of  his  younger  days.  He  would  often  sing  a  few  lines  of  an  old  revolu- 
tionary song,  with  a  clear  and  strong  voice  :•  when  he  had  arrived  near 
Providence,  he  sang, 

"  And  since  we're  here, 
"  With  friends  so  dear, 
11  We'll  drive  dull  care  away." 

But  when  the  old  General  entered  his  ancient  home,  and  embraced  the 
wife  of  his  youth,  his  children,  and  his  children's  children,  and  met  his 
old  black  servant,  it  was  a  scene  which  I  cannot  attempt  to  describe — 
they  were  all  overjoyed  and  melted  into  tears.  It  was  a  long  time  be- 
fore he  could  believe  it  to  be  a  reality. 


ADDITIONS  AND  CORRECTIONS. 


Vol.  ii,  p.  52.— Commodore  Abraham  Whipple,  grantee  of  Navy,  now 
the  town  of  Charleston,  was  born  at  Providence,  E.  I.,  Sept.  26,  1733, 
instead  of  1773. 

Vol.  v,  p.  399.— David  Edmond  of  Vergennes  died  March  24,  1824, 
aged  51  years. 

Vol.  vi,  p.  106.— Hon.  Timothy  Stanley  of  Greensborough  died  April 
15, 1825,  aged  61  years  — being  a  Councillor  at  the  time  of  his  death. 

Vol.  vi,  p.  287.— Councillor  Joseph  Warner  died  at  Montpelier  Nov. 
14, 1825,  when  a  representative  of  Sudbury  in  the  House.  The  Joseph 
Warner  who  represented  Sudbury  1828  until  1832  was  the  son  of  Coun- 
cillor Warner,  and  was  also  a  member  of  the  Senate. 

Vol.  vi,  p.  549,  index.—  Lt.  Mark  Eichards  should  have  been  Lieut 
Gov.  Mark  Richards. 

Vol.  vn,  p.  1.— The  notice  of  the  Hon.  Israel  P.  Dana's  family  is  both 
imperfect  and  erroneous.  Sophia  D.  Stoddard,  a  missionary  in  Persia, 
was  the  grand-daughter  of  Mr.  Dana  ;  and  Allen  Hazen,  a  grand-son  of 
Mr.  Dana,  was  a  missionary  in  Bombay.  This  error  and  omission  were 
not  the  editor's. 

Vol.  vn,  p.  9. —  Daniel  L.  Fowler  should  probably  be  Fowles;  and  on 
p.  25  the  "Jr."  to  David  Hopkinson  should  have  been  omitted. 

Vol.  vn,  p.  57. —  Jonathan  Ware,  named  on  that  page,  was  a  scholar 
of  good  repute,  and  specially  in  the  Hebrew  language.  He  wrote  a 
history  of  Vermont,  which  has  never  been  printed.  .The  manuscript 
has  been  promised  to  the  Vermont  Historical  Society;  but  it  is  supposed 
to  be  now  in  Concord,  N.  H. 

Vol.  vn,  p.  73. —  The  Secretary  of  the  Council  omitted  to  note  the 
election  of  Judges  of  the  Supreme  Court,  to  wit,  Eichard  Skinner, 
Charles  K.  Williams,  and  Asa  Aiken. 

Vol.  vn,  p.  113.— "Emery  Burfee"  should  be  Emery  Burpee;  p.  122, 
"Asa  Aikens"  should  be  Asa  Aiken  ;  p.  140,  the  word  "by"  in  the  note 
should  be  against;  and  p.  164,  "Jonah  Jaquith"  should  be  Josiah  &c. — 
an  error  of  the  Secretary. 

Vol.  vn,  p.  242. —  The  Secretary  of  the  Council  omitted  to  note  the 
following  elections,  to  wit :  Directors  of  the  Vermont  State  Bank,  Ben- 
jamin Swan,  John  Jackson,  and  Job  Lyman  ;  and  Committee  to  exam- 
ine banks,  Eobert  Pierpoint. 


504  Acknowledgments. 

Vol.  vii,  p.  263. —  ''Warner's  Gore"  should  be  Warner's  Grant:  an 
error  of  the  author  of  the  bill,  which  ignored  the  fact  that  Vermont  had 
made  a  grant  in  honor  of  Col.  Seth  Warner. 

Vol.  vii,  pp.  289-'90. —  Probably  the  note  should  be  modified  so  far  as 
it  relates  to  Councillor  Wetmore.  He  favored  John  Quincy  Adams  for 
President  at  the  session  of  1828. 

Vol.  vii,  p.  391. — Hon.  Henry  F.  Janes  died  at  Waterbury,  June  6, 
1879,  in  his  87th  year — after  the  biographical  note  had  been  printed. 
He  was  born  in  Brimfield,  Mass.  Oct.  18,  1792,  brought  to  Calais  in  boy- 
hood, and  from  thence  came  to  Montpelier  as  a  student,  &c.  as  related 
in  the  note. 


ACKNOWLEDGMENTS. 


Thanks  are  due  to  Hon.  Lucius  E.  Chittenden,  and  the  artist  A. 
H.  Ritchie,  of  New  York  city,  for  the  use  of  the  very  excellent  steel 
portrait  of  Gov.  Van  Ness;  and  to  Frederick  J.  Prentiss,  Esq.  for 
that  of  his  father,  Senator  and  Judge  Prentiss;  to  Nathan  Strong 
Hill,  Esq.,  Treasurer  of  the  University  of  Vermont,  Burlington,  for  the 
photograph  from  which  the  portrait  of  Gov.  Crafts  has  been  engraved; 
and  to  Mrs.  H.  B.  Stacy,  son  and  daughters,  and  T.  P.  W.  Rogers,  Esq. 
of  the  Fletcher  Library,  Burlington,  for  the  use  of  a  file  of  the  Northern 
Sentinel  for  1825.  The  file  of  the  Sentinel  for  1825,  owned  by  Mrs. 
Stacy,  is  the  only  one  known  to  the  editor  of  this  volume;  and  he  will 
add,  that,  without  it,  he  could  not  have  reprinted  complete  the  addresses 
delivered  to  and  by  Lafayette,  in  his  memorable  tour  across  the  state 
in  1825. 


GENERAL  INDEX. 


Abbee,  Jacob,  209. 

Academies,  Grammar  Schools,  &c. 
11,  27-8,  42,  45, 49, 58,  81, 102, 120, 
122,  132,  146,  153,  167,  191,  198, 
240,  248,  250,  309,  315,  324-5,  335, 
337,  350,  352,  361,  372,  375,  378, 
382,  384,  397,  423,  440. 

Academy,  Norwich  Military,  12,  28, 
31,  35,  441. 

Ackley,  Francis,  19. 

Act  of  1824,  changing  the  judicial 
system,  note  on,  149. 

Adams,  Benjamin,  73,  81  ;  Hon. 
Charles,  99,  105,  157  ;  John,  70  ; 
Prest.  John  Quincy,  65,  280,  287, 
289,  328,  448,  473,  503. 

Addison  County,  2,  21,  36,  65, 123, 
146,  300,  374,  378-9, 383-4, 433, 473. 

Addresses,  to  and  by  Lafayette  in 
Vermont,  in  1825:  Gov.  Van  Ness 
to  Lafayette  at  Windsor,  and  the 
reply,  490-91;  Titus  Hutchinson's 
address  at  Woodstock,  and  the  re- 
ply, 492-3;  Jacob  Collamer's  ad- 
dress at  Royalton,  493  ;  Elijah 
Paine's  address  at  Montpelier, 
and  the  reply,  494-5;  Mrs.  Eras- 
tus  Watrous's  address  at  Mont- 
pelier, and  the  reply,  495;  Wm. 
A.  Griswold's  address  at  Burling- 
ton, and  the  reply,  496-7  ;  David 
Russell's  address  at  Burlington, 
and  the  reply,  498  ;  Rev.  Willard 
Preston's  address  at  Burlington, 
and  the  reply,  499. 

Adjutant  and  Inspector  General, 
81,  432. 

Africa,  248-9. 

Agricultural  Society,  Vermont,  237, 
247-8;  Societies,  441-2. 

Aiken,  Hon.  Asa,  122, 200, 503;  Sol- 
omon, 60. 

Alabama,  137,  268,  289,  292,  445, 
473-4. 


Albee,  Addison,  68,  212. 

Alden,  Thomas,  396. 

Aldis,  Hon.  Asa,  14,  72, 138. 

Aliens,  right  of  to  hold  lands  ques- 
tioned, 366,  369,  371. 

Allen,  Alpha,  359  ;  Eleazer,  305, 
326  ;  Eli,  115,  130  ;  Gen.  Ethan, 
300,  500;  Hon.  Heman  of  High- 
gate,  14,  57-8,  60-62 -note  on,  347; 
Hon.  Heman  of  Milton  and  Bur- 
lington, 30,  197,  256,  284,  290  ; 
Gen.  Ira,  300  ;  Hon.  Ira  H.  207, 
294,  299,  300,  302,  307,  309,  344, 
347,  350,  390-91,  393,  396,  398, 
434  —  note  on,  300  ;  Jacob,  414  ; 
John  B.  363;  Jonas,  120,  168,  170, 
215  ;  Marcus,  29  ;  Rev.  and  Hon. 
Samuel  C.  401;  William,  17. 

Allton,  Abel,  306.  349  ;  James,  318. 

Allyn,  Abner,  312,  399. 

American  manufactures,  &c,  en- 
couragement to,  292,  438-9,  442-3, 
457,  476. 

American  System,  459. 

AndersonJohn,  256,303,347,410-412. 

Andrews,  Jeremiah,  148,  178, 184. 

Andrus,  Miles  H.  4,  76. 

Annis,  William,  5, 15,  30,  38. 

Anthony,  Albro,  76;  Joseph,  72. 

Anti-Masonry,  347,  361,  366,  391, 
395,  413. 

Aqueduct  Companies,  42,  45,  94. 

Arms,  Jonathan,  397  ;  Sarah,  and 
Mrs.  J.  P.  Miller  —  see  Hopkins, 
Mrs.  Sarah. 

Arnold,  Samuel,  18,  35,  55,  268. 

Arsenal,  Champlain  (U.  S.  at  Ver- 
gennes),  192,  216,  231,  325,  327, 
449;  State,  154,  157,  192,  449,  457. 

Ashcroft,  Daniel,  28. 

Atherton,  Abel  W.  75,  78. 

Atkinson,  William,  274, 280;  Joseph 
William  and  Ursula  Phebe,  356, 
368,  374. 


506 


General  Index. 


Atwood,  John,  9,  34, 40;  Rufus,  162, 
184. 

Auditor  of  Accounts,  31,  68,  122, 
179,  226,  264,  311,  358,  412. 

Austin,  Apollos,  72;  Ezekiel,  20  ; 
John  F.  315,  325,  327,  330;  Sam- 
uel, 3, 180;  Seneca,  474. 

Babcock,  Edward  G.  396. 
Bachelder,  Lavinia,  415.— See  Batch- 
elder. 
Bacon,  Benjamin,  305. 
Badger,  Nathan,  113,  166. 

Bagley,  Curtiss,  8. 

Bailey,  Benjamin  F.  206,  294,  296, 
335,  341,  346,  370,  416;  Rufus  W. 
30. 

Baker,  Charles,  239,  267,  303,  347  ; 
Elijah,  334;  Jonathan  jr.  73;  Sam- 
uel, 309. 

Balch,  Nathaniel,  210,  232. 

Baldwin,  Hon.  Daniel,  245,484, 500; 
Lewis,  319,  367,  414;  Silas  G.  72; 
Sylvanus,  480,  485. 

Ball,  Charles,  5,  319,  347. 

Bancroft,  Benjamin,  26. 

Bank  Committee, (to  inspect  banks,) 
242,  281,  335,  384,  420. 

Bank,  U.  S.,  103  ;  Vermont  State, 
18,  21-2,  24,  62-3,  86,  96,  103, 136, 
138,  195,  242,  281,  313,  338,  349, 
384,387,420. 

Banks,  11, 13, 14,  61, 72,  85, 100, 128, 
133,  135-138, 147,  152,  181-2,  186- 
191,  227-8, 242,  257,  261-2, 273, 282, 
311,  325,  336,  343,  354,  366,  384, 
397,  406,  409,  419-421,  424,  426, 
437,  460. 

Baptist  Convention,  Vermont,  233, 
244. 

Barber,  Gideon,  171 ;   Samuel,  101. 

Barnes,  Asahel,  115, 133,  376  ;  Eb- 
enezer,  267,  283-4;  John,  23.  71, 
112  162  222 

Barney,  Elisha,  403;  William,  7, 
305. 

Barnum,  Gen.  Amos  W.  118,  177, 
216. 

Barr  &  Welch,  41. 

Barrett,  Jonathan,  14;  Zaccheus  jr. 
214,  218. 

Barron,  William  and  Hannah  D. 
164, 171, 187, 197. 

Barrows,  Aaron,  163,  270,  278,  283. 

Barry,  John,  106. 

Bartholomew,  Timothy  P.  14,  70, 


Bartlett,  Gideon,  167;  Rev.  Robert, 
138,  161 ;  Thomas  H.  256,  319  ; 
W.  H.  369. 

Barton,  Gen.  William,  501  — his  re- 
turn to  his  home,  502. 

Bassett,  Joel,  260,  334. 

Batchelder.  Ira,  303,405.— See  Bach- 
elder. 

Bates  &-Shurtliffe,  167. 

Bates,  Hon.  Robert  B.  67-8,  107, 
160,  243,  254-5,  301-2,  318,  392-3, 
427,  430. 

Baxter,  William,  74, 185-6,  294. 

Bayley,  Ward  jr.  189. 

Baylies,  Hon.  Nicholas,  451,  480. 

Beach,  Chauncey,  5,  7,  68,  69,  114  ; 
Manly  A.  347,  414. 

Bean,  John,  347,  359,  364,  408. 

Beardsley,  Levi  and  Samuel,  10. 

Beckwith,  Amos,  60  ;  John,  10,  60, 
70,  80,  398. 

Beeman,  Aaron  S.  397,  411,  425. 

Begary,  Raymond,  71, 113. 

Bell,  James,  199,  243,  250. 

Benedict,  Samuel,  209. 

Bennett,  Elijah  W.  414  ;  James, 
112, 163. 

Bennington  County,  36,  198,  300, 
384,  433. 

Berry,  Hon.  Joseph,  3,  4,  8, 10, 14, 
19g  34-5,  38,  43,  50,  52,  63-4,  66-7, 
69,  95,  108-111,  116, 133,  158, 160, 
203,  397;  David  and  Mary,  398. 

Bidwell,  George,  306;  Jonathan,  68, 
112, 166,  221. 

Billings.  Mira,  10,  41;  Oel,  117, 500. 

Billington,  John,  367,  414. 

Bingham,  Elijah  G.  315;  Elisha,  263; 
Lasel,  97,101;  Tyler,  417.  - 

Biographical  and  other  personal  no- 
tices :  Allen,  Heman  of  High- 
gate,  347;  Allen,  Ira  H.  300; 
Chase,  Dudley,  124 ;  Clark,  My- 
ron, 300  ;  Clark,  Samuel,  301  ; 
Dana,  Israel  P.  1,  503  ;  Davis, 
James,  345  ;  Deming,  Benjamin 
F.254;  Deming,  Leonard,  97;  Ed- 
mond,  David,  503;  Fitch,  Lyman, 
205  ;  Fletcher,  Gen.  Isaac,  501  ; 
Forbes,  Gen.  Abner,  300;  Haight, 
Stephen,  473  ;  Harris,  Jedediah 
H.  299;  Hatch,  Uriel  C.  2;  Hol- 
ley,  Samuel  H.  65  ;  Hopkinson, 
David,  jr.  254;  Hoyt,  Ezra,  300; 
Hunter.  William  G.  391 ;  Janes, 
Henry  F.  391,  504  ;  Judd,  Eben 
W.  2;  Keith,  Calvin  J.  203;  Kel- 


General  Index. 


507 


logg,  Gen.  Daniel,  66;  Lafayette, 

.  Gen.  488;  Lyman,  Job,  345;  Mc- 
Duffie,  John,  466,  483  ;  Merrill, 
Orsamus  C.  109;  Peck,  John,  205; 
Pierpoint,  Robert,  159;  Prentiss, 
Samuel,  124,  149,  401  ;  Proctor, 
Jabez,  2;  Reed,  Lyman,  484;  Rob- 
erts, John,  65;  Shaw,  George  B. 
301;  Stanley,  Timothy,  503;  Sul- 
livan, John  L.  483;  Thompson, 
John  C.  253;  Van  Ness,  Cornelius 
P.  64;  Ware,  Jonathan,  503:  War- 
ner, Joseph  senior,  196,  503  ; 
Whipple,  Commodore  Abraham, 
503;  Worthington,  George,  253. 

Birchard,  Austin,  351,  380,  396,  419. 

Black,  Polly,  18,  28. 

Black  river,  317,  330,  331. 

Blackington,  Samuel,  5, 15,  73. 

Blake.  Abraham,  118  ;  Ephraim, 
120;  John  W.  401;  Samuel  S.  209. 

Blanchard,  Miles  W.  79;  Robert,  68. 

Blanden,  Othniel,  331. 

Blinn,  Jonathan,  120. 

Bliss,  Amos,  399. 

Blossom,  Cyrus  Coggswell,  99. 

Boardman,  Daniel,  406  ;  Elisha,  76, 
115,130;  Horace,  163;  William, 
84. 

Bolio,  Peter,  347,  414. 

Bolles,  Clapp,  129, 139, 142, 151. 

Boorn,  Amos,  168. 

Booth,  Samuel  B.  309,  349,  400. 

Boulton,  D.  A.  259. 

Bourge,  Basil,  208,  319. 

Boundary  line  between  New  Hamp- 
shire and  Vermont,  411,  426. 

Bowen,  Gen.  Daniel,  306,  315,  350, 
396,  500. 

Boyce,  Elisha  jr.  230. 

Boyd,  Robert,  420. 

Boynton,  Jeremiah,  421,  428  ;  T. 
500. 

Bradish,  Lieut.  Gov.  Luther,  of  N. 
Y.  486;  William  E.  71, 112, 117. 

Bradley,  Jeremiah,  329,  373,  414  ; 
John,  a  convict,  15, 113 ;  John  F. 
82 ;  Gilbert  2d,  308,  336  ;  Hon. 
William  C.  395. 

Brayton,  Hon.  William,  4, 10. 

Brian,  David,  256. 

Bridges,  43,  44,  57,  62,  75, 80,  82,  89, 
94, 101, 131, 134, 145, 150, 157, 167, 
183,  191,  213,  216,  230,  235,  238, 
241-2,  257,  261,  268,  270,  273,  276, 
278-9,  285-6,  351,  360,  365,  370-71, 
373,  421,  429. 


Briggs,  Asa,  70,  74,  115  ;  Russell, 
319. 

Brine,  David  O.  409.— See  O'Brian. 

Brock,  Benjamin,  10,  78,  92. 

Bromley,  Hiram,  270. 

Brooks,  Betsey  and  Simeon,  142  ; 
Jesse,  5,  71,  91, 93;  Samuel  jr.  126. 

Brookshaw,  Peter,  319,  320. 

Broughton,  N.  W.  70. 

Brown,  Ambrose  L.  115;  Amos,141; 
Asa,  263;  Benjamin,  75;  Calvin, 
115;  1.304;  Jacob,  256;  James  P. 
303,  367  ;  Joseph,  149,  154  ;  Na- 
thaniel, 415  :  Paul,  162,  209,  272  ; 
Rhodolphus,  28, 39;  Roderick,  177, 
209,  222;  Stewart,  193.  226. 

Buck,  Hon.  D.  Azro  A.  3,  5,  30,  59, 
160-61,  206-7,  243,  251,  346-7;  Hi- 
ram, 356;  William,  368. 

Buel,  Ozias,  170, 192. 

Buffum,  Caleb,  355,  399. 

Bugbee,  Prentiss,  29. 

Bullock,  Lovel,  409,  417. 

Bunker  Hill,  488,  490. 

Burdick,  Gen.  Justus,  281. 

Burke,  Sylvester,  114. 

Buruham,  Capt.  G.  500  ;  John  jr. 
224,  235  ;  Joseph,  352,  357,  359, 
360;  Gen.  Joshua  P.  370  ;  Julia, 
262. 

Burnside,  Thomas,  213,  268,  282, 
294. 

Burpee,  Emery,  113,  503. 

Burr,  Joseph,  138,  218,  231. 

Burrett,  Gideon,  126, 176. 

Burrington,  E.  D.  G.  358. 

Burroughs,  Patience,  118;  .William, 
218. 

Burton,  John  H.  272  ;  Josiah,  115, 
121,  217,  225;  Timothy,  20,  70. 

Bush,  John,  173. 

Butler,  Daniel,  5,  68, 113, 162, 166  ; 
Gov.  Ezra,  1,  4,  23,  32,  45,  51,  53, 
55,  63-4,  66-7,  69,  95, 104,  108-111, 
116, 119, 133,  157-61, 163, 165, 170, 
174,  203, 205-208, 253-255,  301, 452, 
456  —see  Governors'  Speeches  ; 
Roswell,  230. 

Cabinet,  State  Geological  &c,  ori- 
gin of,  210,  219. 

Cadwell,  Capt.  W.  W.  500. 

Cady,  Albe,  486  ;  Caleb,  5, 16,  70. 

Caledonia  Co.  1, 17,  72,  82,  92,  100, 
101,  103,  120,  144,  155,  166,  224, 
243,  246,  251,  254.  301,  305,  319, 
320,  384,  399,  480. 


508 


General  Index. 


Calhoun,  Hon.  John  C.  402,  462. 
Cambridge,  Lewis,  5, 15,  38. 
Camp,  Philo  G.  14. 
Campbell,   Alexander,  8,  9,  70,  90, 
92.  99;  David  R.  115:  John,  5,  90, 
92,  99;  John  H.  313. 
Canada,  21, 52, 488, 491. -See  Lower 

Canada. 
Canada,  John,  311,  349. 
Canal  Commissioners,  171, 195,  451, 

481. 
Canal,  Erie,  483. 

Canals,  164,  171,  176,  182,  185,  190, 
193, 197,  201-2,  217,  247,  341,  384, 
419,  443,  450-51,  457,  465, 470,  479, 
481-2. 
Canfield,  Cyrus,  141, 168,  215. 
Carey,  John,  404,  420. 
Carpenter,  Dan,  138;  Daniel  A.  359; 
John  A.  262,  304;  Joseph  A.  373. 
Carrier,  Cyrus,  319,  329. 
Carroll,  Carlo  C.  263. 
Carryl,  Willard,  117. 
Carter,  Col.  Abel,  170,185;  Alvan, 

63. 
Case,  Manna,  172,  220,  233,  242,  249, 

267. 
Casey,  James,  400. 
Castleton  river,  201,  202. 
•Catlin,  Guy,  185-6,  500;  John,  356, 

369,400;  Moses,  180, 198. 
Chadwick,'  David,  171, 216,  246,  258. 
Chaffee,  John,  349,  396,  429. 
Chalker,  Samuel  E.  265,  310,  363. 
Cballis,  Homer,  267. 
Chamberlain,  Asa,  16, 38, 72,  91.  98; 

Ebenezer,  224,  259;  Ralph,  79. 
Chambers,  Matthew,  356. 
Champlain,  see  Lake. 
Champlin,  Christopher  G.  76. 
Chandler,  Rev.   Amariah,  86.  110, 

111;  Hon.  John  W.  406. 
Chany,  Luther,  263. 
Chaplains,  5,  68,  111,  162,  208,  256, 

303,  348,  365,  394,  412. 
Chapman,  Joseph,  324. 
Charters,  New  Hampshire,  415. 
Chase,  Hon.  Dudley,  67,  78,  92,  98, 
104,  107,  123-4,  154,  471 ;  Paul, 
114, 126,  409. 
Chellis,  Homer,  210;  Stewart/71,114. 
Cheshire,  N.  H.,  Railroad,  487. 
Child,  David  Lee,  486;  Rev.Willard, 

385,  433. 
Chipman,  Hon.  Daniel,  153. 
Chittenden  County,  36, 175, 189, 277, 
384,  403,  405,  411,  433,  480,  485. 


Chittenden,  Hon.  Lucius  E.  504 ; 
Hon.  Truman,  1,  3,  4,  8,  30,  63-4, 
66-7,  70, 108-111, 116, 125, 143, 155, 
158-161, 165,  203,  205-207,  213, 252, 
254,298. 
Church,  Anson,  69,  71,  77;  Charles, 
258;  Daniel,  212,  258,  306;  Moses 
L.  398. 

Churchill,  Ambrose,  115;  Amos,  72. 

Cilley,  Joel,  113. 

Clark,  Benjamin  S.  306;  Chloe,  118, 
139  ;  Darius.  78,  122  ;  Gen.  De 
Witt  C.  487;  Edwin,  342 ;  Elijah, 
308.  355,  372  ;  Erastus,  352  ;  Geo. 
256,  366  ;  Isaiah  jr.  397  ;  John, 
114;  Gen.  Jonas,  86, 180,  189, 196, 
199  ;  Joseph,  74  ;  Joseph  R.  412  ; 
Hon.  Myron,  299,  300,  302,  307, 
344-347,  350,  390-393,  395,  434  — 
note  on,  300  ;  Hon.  Samuel,  299, 
301-2,  307,  344-347,  350,  390-393, 
395,  434— note  on,  301. 

Clarke,  Hon.  Augustine,  11,  72  ; 
George,  304. 

Clays,  Elijah,  218,  231. 

Cleaveland,  Doct.  Norman,  395,  398, 
400,  403,  405,  427  ;  Samuel  and 
Samuel  jr.  115, 138. 

Clement,  Capt.  500. 

Clements,  Francis,  256,  367;  Eben- 
ezer, 263;  S.  304. 

Clinton  County,  N.  Y.,  485. 

Clogston,  Abner,  324. 

Clough,  Caleb,  366;  Moses,  169,  208, 
256,  319,  364,  408. 

Coates,  Stephen,  267,  304,  414. 

Cobb,  Ellis,  263;  Joshua,  360;  Nom- 
las,  214.  ' 

Cdbleigh,  Lemuel,  114, 132. 

Cock,  or  Cook,  Coles,  164. 

Cogswell,  Cyrus,  see  Blossom,  Cy- 
rus C. 

Colburn,  John  P.  297. 

Colby,  Daniel  M.  410;  William,  260. 

Cole,  Anna,  215;  Samuel,  308. 

Coleman,  Gen.  Zadock,  204. 

Collamer,  Hon.  Jacob,  53,  63,  294, 
297,  335,  343,  385,  416,  433,  476, 
500— address  of  to  Lafayette,  493. 

Collier,  Richard,  323,  316,  352. 

Collins,  Joseph,  118,  168,  215,  220, 
262,  286  ;  Richard,  112;  Samuel, 
352;  Susannah,  215,  260,  283. 

Colonization  Society,  American,  248 
-9,  293,  466,  473,  477;  Vermont, 
240,  249,  268,  273. 

Colton,  Moses  L.  398. 


General  Index. 


509 


Common  Schools,  18,  20,  24,  49,  78, 
121,  123,  134,  137,  143-145,  148-9, 
167, 173, 182,  200, 213-14,  219,  221- 
223,  274,  305,  309,  312,  335,  341, 
370,  372,  404,  416,  420,  440,  444, 
448,  460,  469,  476. 

Comstock,  Esek,  74,  162,  208,  256, 
319,  367;  Jeremiah,  74. 

Con,  James,  304. 

Conant,  Ebenezer,  70,  397;  John,  a 
convict,  5,  75,  113  ;  Samuel  S.  1, 
60,  213. 

Cone,  Jesse,  355. 

Conference,  Vt.  and  N.  H.  Annual, 
409. 

Congress,  power  of  as~to  the  tariff 

'  and  internal  improvements,  387, 
476. 

Congressional  caucuses,  137,  473. 

Conkling,  Abraham,  162. 

Connecticut,  1,  253,  268,  409,  450, 
474,  481-2. 

Connecticut  river,  148, 152, 156, 193, 
217,  225,  239,  244-5,  341,  384,  400, 
403,  417,  419,  423, 450-51,  465,  479- 
482. 

Connell,  J.  O.  112,  163  ;  William, 
269. 

Connay,  Henry,  415. 

Constitution,  U.  S.,  proposed  amend- 
ments to,  103,  119,  136,  174,  175, 
179,  211,  247,  292,  475,  478. 

Constitutional  Conventions,  277, 
294. 

Constitutional  question  as  to  taxa- 
tion for  schools,  309;  as  to  aliens, 
371;  as  to  change  of  heirship,  342; 
as  to  power  of  the  Supreme  Court, 
370. 

Converse,  Gardner,  117;  James,  114, 
163,347,408;  Shubael,  7. 

Cook,  Jonathan,  74,  89;  Nathan,  11, 
40;  Peter,  30,  33;  Zaccheus,  124, 
155. — See  Cock. 

Coolidge,  Elisha  C.  398  ;  Ira,  310, 
365. 

Corliss,  Leonard,  5, 69, 112, 166,  208. 

Corning,  Capt.  500. 

Cossett,  Samuel,  68, 112, 162-3. 

Cotton,  Hon.  John  H.  26,  79,  124, 
174,  269,  318,  320,  360,  365,  381, 
412. 

Council  of  Censors,  233,  265,  274. 

County  poor-houses,  404. 

Court,  Supreme,  see  Supreme  Court. 

Courts,  U.  S.,  in  Vermont,  200,  232, 
239. 


Crafts,  Gov.  Samuel  C.  159, 161,  195, 
203,  205,  207,  214,  252-3,  255,  259, 
298-9,.301-2, 345,  347,  391-395,  459, 
462-3, 468, 474, 481, 504.— See  Gov- 
ernor's Speeches. 

Craig,  George,  256.  319,  366. 

Cranch,  Joel,  402. 

Crandall,  Jonathan,  jr.  320. 

Crary,  Appleton,  218. 

Crawford,  John,  alias  Hiram  Lee, 
68, 113, 367;  Hon.  William  H.  445. 

Cressey,  John,  397. 

Criminals,  incompetency  of  as  wit- 
nesses, 6,  7. 

Crocker,  Thomas,  166. 

Cross,  Gen.  Samuel,  10,  46. 

Crouch,  Joel,  347. 

Crumas,  (Cunnas,  or  Tumas,)  Bap- 
tiste,  303,  347,  408. 

Cubley,  William,  356,  371. 

Cully,  John,  15,  38. 

Culver,  Joseph,  11,  29. 

Cumberland  County,  new,  proposed, 
355. 

Cummings,  Jotham,  399. 

Cunnas,  Baptiste,  256. 

Currier,  Joseph,  14. 

Curtis,  Almond,  290 ;  Joseph  A. 
316;  Lemuel,  76;  Russell  W.  317; 
Stephen,  359. 

Cushman,  Charles,  162;  Col.  Isaac 
N.  66, 110, 358, 398, 473, 490;  John, 
359,  397;  Gen.  Seth,  122, 147,  280, 
291;  Zebina,  308,  358. 

Cutter,  Rohana  Needham,  40,  49; 
Moses,  500. 

Dains,  or  Danis,  George  M.  352,  361. 

Dana,  Hon.  Anderson  G.  169,  176; 
Charles,  398;  Charles,  S.  2;  Hon. 
Israel  P.  1,  4,  8,  63-4,  67,  69,  108- 
111,  116,  139,  158-161,  165,  203, 
205-207,  239,  252,  254,  298,  503  — 
notes  on,  1, 503;  John  W.  of  Pom- 
fret,  2;  Hon.  Josiah,  1,  3,  4,  8,  63- 

4,  66-7,  71, 108-111,  116,  158-161, 

166,  203,  206,  252;  Hon.  Judah,  2. 
Darby,  Abel,  72, 118. 

Darling,   Ebenezer,  118,   146,   148, 

167,  216;  Eluathan,  430. 
Daulby,  William,  115, 128. 
Davidson,  Thomas,  405. 

Davis,  Africa  and  John,  306,  349, 
398  ;  Alonzo,  5  ;  Clarissa,  253  ; 
Col.  Jacob,  253;  Hon.  James,  344- 

5,  347, 349-50, 361, 381, 390-91, 393, 
410,  413,  423,  434,  467 ;  Joshua, 


510 


General  Index, 


359,  403 ;   Gen.  Parley,  480,  483, 

485;  Thomas,  a  convict,  5, 15,  38; 

William,  256,  304,  367,  408. 
Davison,  Albe,  266,  272,  306,  349, 

359,396. 
Day,  Hannah  and  Isaac,  76  ;  Pliny 

Enos,  see  Doubleday.      Sergeant 

of  the  revolutionary  army,  498. 
Deaf  and  Dumb,  13,  22,  73, 102, 105, 

112,  126,  164,  171,  193,  195,  229, 

269,  284,  295,  335,  370,  407,  416, 
429,  431,  442,  445. 

Deane,  Thomas,  162,  208,  256,  320, 

347,  410. 
Debentures  of  the  Lieut.  Governor 

and  Council,  63, 108, 158,  203,  252, 

298,  344,  390,  434. 
Dee,  Elijah,  353. 
De  Forest,  Elihu,  22,  122  ;  Mills, 

128. 
De  Kalb,  Baron,  488. 
Delano,  Jabez,  349. 
Delaware,  409,  474. 
Deming,  Benjamin,  176,  220;  Hon. 

Benjamin  F.  253-255,  259,  298-9, 

301-2,  344-347,  390-393,  395,  434, 

476— note  on,  254  ;  Harvey,  163, 

270,  278,  283,  396  ;  Leonard,  20, 
65,  97,  106,  118,  126,  153-4,  167— 
note  on,  97. 

Denison,  George  W.  214,  258,  306; 

Joseph  A.  398,  500;  Noyes,  171, 

176,  216. 
Densmore,  Artemas  W.  263. 
Deputrine,  Jonas,  379,  415. 
Devoll,  (or  Divoll,)  Welcome,  177, 

194. 
Dibble,  Samuel,  162;  Sylvanus,  210, 

267. 
Dickerman,  Isaac,  260;  Richard  L. 

73, 136, 146, 150. 
Dickerson,  Hon.  Mahlon,  250. 
Dickinson,  Oren,  115, 141,  257.   ' 
Dike,  Jonathan,  10  ;  Jonathan  jr. 

10, 19,  87,  92,  208,  224;  Reuben,  6. 
Dissent  to  resolution  in   favor  of 

John  Quincy  Adams  as  President, 

in  1827,  286. 
District  of  Columbia,  slavery  in,  249. 
Divoll,  Manasseh,  80. — See  Devoll 
Doane,  John,  76. 
Dock  Company,  372,  389-90. 
Dodge,  Asa,  jr.  114, 136, 142;  John, 

266,  271 ;  Mark,  400,  413;  Omri, 

117, 146. 
Dog  river,  481. 
Dogs,  taxation  of,  222. 


Dolloff,  Samuel,  5,  6,  68, 112, 162. 
Doolittle,  Isaac,  317;  Hon.  Joel,  19, 

111,  132,  207,  255,  302,  319,  347; 

Joel  2d,  266;  John,  312;  Lucius, 

14,  70, 114. 
Doty,  Abner,  258;  Elias,  396. 
Doubleday,  Pliny,  (name  changed 

to  Pliny  Enos  Day,)  9,  48,  54. 
Douglass,  Nelson,    163  ;    William, 

132. 167. 
Dow,  B.  267;    Rev.  John  G.  365; 

Josiah,  304. 
Downer,  John,  175,  480;  Solomon, 

114, 167, 183. 
Downey,  Heman,  122,  167  ;   Jere- 
miah, 5, 112, 162,  208;  John,  68. 
Downie,  Charles  J.  408. 
Downing,  J.  P.  408;  Perkins,  112. 
Doyle,  John,  348,  360. 
Drew,  George.  347;  George  W.  26, 

70,  415. 
Drown,  Stephen,  164. 
Duncan,  Adam,  120 ;  Archibald,  a 

convict,  304,  362. 
Dunnell,  Abel,  164. 
Dunning,  Abel,  216. 
Durkee,  Jireh,  266. 
Dwyer,  James,  414. 

Earl,  Edward,  367. 

East  bay,  102. 

Easterbrooks,  Mason,  10,  29,  35,  42. 

Eastman,  Silas  N.  27,  71. 

Eaton,  Capt.  500;  Ira,  124, 167,  216; 
Isaiah,  118. 

Eddy,  James,  218,  257. 

Edgerton,  Lieut.  Gov.  Lebbeus,  180, 
393,395;  Uriah,  209. 

Esmond,  David,  155, 193 — note  on, 
503. 

Edson,  Amasa,  355,  361 ;  Gen.  Jo- 
seph, 31;  Sylvester,  381. 

Edwards,  Calvin,  118. 

Elder,  Samuel,  7,  38,  75, 114. 

Eldridge,  John  M.  180;  Joseph  W. 
355,  359. 

Election  of  President  and  Yice 
President,  292,  475;  of  Governor 
and  Lieut.  Governor  in  Joint  As- 
sembly, 393-395. 

Election  Sermon,  preachers  of,  3, 
39,  67, 110, 138, 161, 186,  207,  226, 
254,  264,  302,  311,  346,  358,  392, 
412. 

Elliot,  Daniel,  15,  72  ;  Hon.  James, 
46,  449 ;  Hon.  Samuel,  106,  356, 
476,478. 


General  Index. 


511 


Ellis,  Reuben,   260,  275;   William 

R.  V.  320. 
Ellsworth,  William  C.  9. 
Emerson,    Charles,    162,    208,  212, 

256;  Enoch,  218;  John  C.  6, 16,75, 

260;  Gen.  Still  man,  381;  Thomas, 

169, 173,  247,  284. 
Emery,  John,  218. 
England,  401,  474. 
Enos,  Roger,  74. 

Ervine,  or  Erwin,  John,  304,  415. 
Essex  County,  60, 72, 78,  82,  92, 100, 

101, 103, 120, 144-5,  153, 155,  166, 

194,  201,  246,  251,  254,  383,  385, 

399,  414,  433. 
Essex  County,  N.  Y.,  485. 
Estabrook,  see  Easterbrooks. 
Evans,  Horace,  10,  51 ;  John,  6, 16, 

38. 
Evarts,  Martin,  274. 
Everett,  Hon.  Horace,  21,  30,  99, 

171,  176,  192,  195,  198,  229,  284, 

335,  449,  481,  490. 

Fairbanks,  Gen.  Samuel,  31,  189. 
Famsworth,  Alden,  229,  248;  Gen. 

James,  189,  204,  360;  Joseph  D. 

67,  99, 100,  263;  Simeon,  398. 
Farrar,  Oliver,  18, 170, 178,  263,  291. 
Farrington,  Ebenezer  M.  396. 
Fassett,  John  L.  208;  Jonathan,  18, 

50,  60,  62,  79,  102,  104,  106,  156; 

Mary,  172. 
Fay,  William,  117, 177, 193. 
Fayall,  Faryall,  or  Ferryall,  Joseph, 

69, 112, 162,  208,  247. 
Fellows,  Elisha,  348. 
Ferguson,  see  Furgurson. 
Ferries,  40,  80,  85,  88, 115,  128, 130, 

133,  136,  141,  152,  157,  184,  193, 

202,  234,  325,  329,  368-9,  376,  418, 

428. 
Ferris,  George,  146;  George  S.  129. 
Field,  Abner,  76;  Orin,  71;  Robert 

W.  115. 
Fire  Companies,  170, 186-7,  333,  336, 

343,  355,  359,  372,  374,  376,  386, 

396,  399,  403,  418,  424-5,  430. 
Fisher,  William  222. 
Fisk,  Abel,  28;  J.,  a  convict,  256; 

John,  178;  Moses,  409  ;  Simeon, 

208,  267,  321 ;  Rev.  Wilbur,  186, 

207-8,  221,  493. 
Fitch,  James,  6;  Hon.  Lyman,  67, 

107,  160,  205,  207,  214,  252-255, 

259,  289,  298,  301,  344,  473— note 

on,  205. 


Fitzpatrick,  Patrick,  347,405;  Will- 
iam, 304,  347,  405. 

Fleming,  Alexander,  352,  370. 

Fletcher,  Antipas,  397,  398  ;  Gen. 
Asaph,  500  ;  Asaph  jr.  403;  Cal- 
vin, 121;  Hon.  Isaac,  99,  123, 150 
— note  on,  501;  Parris,  178;  Gov. 
Ryland,  115. 

Floyd,  Meriner,  6,  76, 114, 163. 

Follett,  Hon.  Timothy,  392,  500. 

Folsom,  Stephen,  198. 

Forbes,  Gen.  Abner,  299,  300,  302- 
3,  307, 344— note  on,  300;  William, 
361  374. 

Ford,'  Roswell,  10,  37,  44  ;  Samuel, 
398,  419. 

Fortifications  proposed  in  Vermont, 
372,  376,  381,  420. 

Foster,  Charles  W.  417  ;  David  G. 
114,167,192,201;  George  W.  129; 
Joseph,  122. 

Fowler,  David,  6,  68, 112,  162,  208, 
267,  313,  315;  David  L.  9  — see 
Fowles;  Elisha  A.  122, 125. 

Fowles,  David  L.  30,  33-4,  503. 

Fox,  John,  125,  132. 

France,  247,  474,  488. 

Francis,  Edward,  68, 113;  Gen.  John 
104, 189,  500. 

Franklin  County,  36,  61,  91,  99,  102, 
104,  114,  118,  130,  132,  139,  141, 
144,  146,  150,  175,  184,  296,  345, 
384,  428,  433. 

Franklin  County,  N.  Y.,  485. 

Freeman,  Francis,  256  ;  Israel  W. 
367,  408  ;  John  B.  6,  208,  227-8  ; 
Welcome,  312,  326  ;  William,  103, 
112, 166, 187. 

French,  Asaph,  122;  French  &  Har- 
vey, 479  ;  Jeremiah,  20,  57,  61 ; 
John,  216;  Samuel,  304;  Thomas 
G.  258. 

Frost,  Isaac  or  Israel  D.  112, 162, 
233,  265  ;  Joel,  356,  368  ;  Joseph, 
76,  208,  398,  418. 

Fuller,  Absalom,  80  ;  Cyreuius  M. 
70,74,115;  Elisha,  360;  Nathan, 
27  ;  Nathan  E.  409  ;  Thomas,  70, 
113, 144. 

Fullam,  Sewall  jr.  354. 

Furgurson,  Elijah,  310. 

Gaffney,  Patrick,  169. 
Gage.  Jacob  B.  76, 112, 163. 
Gale,  Emory,  315. 
Gallup,  Joseph  A.  210,  262-3,  322, 
349;  Oliver  19. 


512 


General  Index. 


Galusha,  Henry,  229,  237;  Gov.  Jo- 
nas, 72,  99,  138. 

Gammell,  Hugh,  266. 

Garlick,  Joshua,  149,  167. 

Gary,  Stephen,  405  ;  William,  112, 
162,  208. 

Gates,  Luther  F.  312,  349. 

Gee,  John,  304,  347;  P.  P.  265,  321, 
367. 

Genio,  Burgess,  222. 

George,  Edmund,  317. 

Georgia,  88,  103,  136,  174,  268,  292, 
317,  355,  387,  406,  432,  466,  474- 
476. 

Gibbs,  David  or  Daniel,  210,  236. 

Gifford,  William,  78. 

Gilbert,  James  A.  260;  Martin,  216, 
236;  Thomas,  68,  112,  162,  208, 
267,  304,  319. 

Gilford,  Samuel  W,  243. 

Gillett,  Caleb  R.  304,  367,  407  ; 
James  A.  262,  271. 

Glebe  lands,  100, 140, 155. 

Going,  William,  162,  208. 

Good,  P.  P.  321. 

Goodell,  Ebenezer,  212. 

Goodno,  [Goodenough,]  Jesse,  117, 
146. 

Goodrich,  Timothy,  118. 

Goodsell,  Rev.  Buel,  186. 

Goodwillie,  Rev.  Tnomas,  226,  254, 
256. 

Goss,  Daniel,  and  Levi,  173, 227, 270, 
282;  Jonathan,  257;  Samuel,  500. 

Gould,  D.  O.  6.  16,  38  ;  Jeremiah, 
415;  John,  347, 415;  William,  405. 

Goulett,  Mary,  120,  126. 

Governor,  casting  votes  of,  15,  16, 
55,60,104,406;  Speeches  of:  Gov. 
Skinner's,  435— Gov.  Van  Ness's, 
438,  443,  448— Gov.  Butler's,  452, 
456— Gov.  Crafts's,  459,  463.— See 
Votes  for. 

Governor  and  Council,  bills  sus- 
pended by,  55,  62,  103,  106,  199, 
250-51,  431;  powers  of,  and  of  the 
House,  in  question,  225,  229,  233, 
235,  245,  259,  261;  reasons  of  for 
dissenting  from  the  House,  32,  34, 
37-8,  40,  43,  45-49,  51,  53-4,  56,  58, 
82,  89,  90,  95-6,  342,  353,  371,  373, 
375,  378-9,  382-384,  386-389,  414, 
423,  428,  430. 

Governor  and  Lieutenant  Gover- 
nor, election  of  in  Joint  Assem- 
bly, 393-4. 

Gowdey,  Ralph,  396, 420. 


Graham,  Col.  James  D.  455-6. 
Grammar  Schools,  see  Academies. 
Grand  Chapter  of  Vermont,   221, 

231  413. 
Grand  Isle  County,  36,  96,  119,  139, 

141,  143,  145,  151,  175,  204,  385, 

433. 
Grand  Lodge  of  Vermont,  86,  413. 
Grafton  County,  N.  H.,  268. 
Granger,  Lyman,  163. 
Graves,  James  A.  309;  William,  68. 
Gray,  Henry,  142,  212. 
Great  Britain,  247. 
Greece  440. 
Green, 'Adin  H.  118;  Betsey,  118, 

139;  Nelson,  146;  Rufus,  70, 169; 

Rufus  H.  6,  113,  219. 
Gregory,  I.  500. 
Gregson,  Edward,  115, 128. 
Griffith,  Philip,  210. 
Griswold,  Isaac,  132;  Hon.  William 

A.  17,  31, 184,  489  — address  of  to 

Gen.  Lafayette,  496. 
Groomes,  Elijah,  6, 16. 
Grout,  Abel,  210. 
Guilford,  Daniel  W.  230. 
Guindon,  Nicholas,  76,  91. 
Guinos,  Burgess,  162. 
Guyer,  Thomas,  117, 150. 

Haggert,  Alexander,  69,  77. 

Haight,  Hon.  Stephen,  2,  43,  48,  59, 
62,  123,  151,  157,  170,  174,  260, 
274,  279,  365,  381,  413— note  on, 
473. 

Hale,  Elizabeth,  178  ;  Joshua,  80  ; 
Hon.  Salma,  99. 

Hall,  Benjamin,  22, 50. 52, 56;  Chas. 
96, 137, 167, 175;  Elias,  79, 82, 100, 
149, 155-6,  172,  197,  284 ;  Jairus, 
250  ;  Levi,  306,  351,  364  ;  Mosely 
W.  115  ;  Thomas,  399  ;  William, 
175,  294,  335,  370,  416  ;  William 
jr.  11. 

Halligan,  James,  347,  417. 

Ham,  or  Hams,  John,  17,  69. 

Hamilton,  Rufus,  397. 

Hammond,  C.  H.  163;  George  W. 
263;  Hon.  Thomas,  168,  215,  258; 
Thomas  D.  476. 

Handlin,  or  Hendlen,  Thomas,  7, 
16,  69,  76,  83. 

Hankshurst,  Nathaniel,  80. 

Hardy,  Charles,  215;  Clark,  229. 

Harrington,  David,  365,  376;  Enos, 
163;  Ira,  6,  23,  97,  100;  Capt.  I. 
H.  500;  William  L.  241. 


General  Index. 


513 


Harris,  Calvin  S.  238;  Hon.  Jede- 
diah  H.  247,  284,  299,  302-3,  307, 
328, 344-347, 350, 377, 390-393,  395, 
419,  422,  434,  485-note  on,  299; 
Samuel,  415. 

Hart,  Noah  D.  10. 

Harvey,  James,  6,  69, 112,  162,  222, 
256;  J.  H.  267,  271,  329,  348. 

Haskell,  Benjamin  F.  268, 396;  Kev. 
Daniel,  30, 86;  Elizabeth,  306,  340. 

Hatch,  Hon.  Uriel  C.  1,  2,  4,  8,  44, 
63 — note  on,  2. 

Hathawav,  Reuben  T.  6,  69,  112, 
162,  208, 267, 349;  Silas,  14,  20, 44, 
52,  57-8,  60-62;  Silas  jr.  272,  329, 
362. 

Haven,  Simeon,  118. 

Hawkins,  Gen.  Stephen,  286. 

Hawley,  Major,  22;  Noah,  343;  Wil- 
liam, 208,  304,  367,  415. 

Hayden,  Warren,  352. 

Hayward,  Allen,  222,  265  ;  James, 
486. 

Hazelton,  Dwight,  6. 

Hazen,  Rev.  Austin,  1;  Allen,  503. 

Heath,  John,  48. 

Henry,  James,  14,  23,  25  ;  William, 
76,  163. 

Herrick,  Chester,  396  ;  Isaac,  176, 
182;  William  B.  6,  76, 114, 169. 

Hewett,  Adonijah,  208,  267,  280, 
309  ;  Adonijah  T.  [probably  the 
"T."  is  an  error  of  the  Secretary], 
162. 

Hibbard,  Hon.  David  jr.  101,  135. 

Hickock,  Benjamin,  210,  236  ;  Da- 
vid, 210;  Elias,  210,  236;  Samuel, 
30,  500. 

Hickcox,  Selah,  6,  69, 113, 162,  222. 

Higgins,  Joel  and  Joseph,  69. 

Hildreth,  Jacob,  215;  Oliver,  410. 

Hill,  Elliot  C.  321, 347,  408;  George 

W.  485;  Ira,  305;  Joseph,  213;  Lu- 
cius, 112,  169,  208,  256,  304,  367, 
415;  Nathan  S.  504;  Uriah,  216. 

Hinman,  Timothy,  399. 

Hinsdell,  Lucinda,  260;  Mitchell, 
110;  Stephen,  166,  304. 

Hitchcock,  Lemuel,  215;  Seth  J.  74, 
101;  William  W.  352. 

Hodges,  Hon.  George  T.  384,  420  ; 
Henry,  117,  169,  215,  260. 

Hoffman,  Anthony,  480 ;  Samuel, 
214. 

Hogg,  Josiah,  or  Joseph,  250,  304, 
347. 

Holbrook,  John,  210,  374,  397. 
33 


Holden,  Jabez  P.  405. 

Holgate,  Samuel,  164  ;  Samuel  jr. 
215. 

Holland,  Jonathan,  168,  220. 

Hollenbeck,  John  B.  219. 

Holley,  Hon.  Samuel  H.  64-5,  67, 
70,  96,  108-111,  116,  158-161,  165, 
197,  203,  205-207,  213,  230,  238-9, 
252-255,  259,  298— note  on,  65. 

Hollister,  Horace,  76, 125  ;  Joseph 
C  113  312 

Holy  Alliance,  the,  137,  474. 

Hooker,  Thomas,  10,  70. 

Hooper,  Foster,  164. 

Hopkins,  Gen.  Elisha,  46, 148, 188; 
Samuel,  10, 23,  30,  32;  Sarah,  132. 

Hopkinson,  Hon.  David,  254,  503  ; 
David  jr.  25,  37,  40,  253-255,  257, 
259, 289, 298— note  on,  254;  Noyes, 
120-21, 139,  399. 

Horton,  Hon.  Valentine  B.  500. 

Hough,  Joseph,  117. 

Houghton,  Asa,  237;  Joel,  352,375; 
Jonathan,  260,  262,  271. 

House,  Alvin,  10. 

House  of  Representatives  and  Gov- 
ernor and  Council,  powers  of,  225, 
233. 

Hovey,  Edmund  C.  169, 193  ;  Sam- 
uel H.  79,  80. 

Howard,  Allen,  6,  68, 112,  162,  178, 
256;  Rev.  Leland,  39,  412  ;  Zeph- 
aniah,  170. 

Howe,  James  and  Sarah,  226,  237. 

Howes,  Hon.  Joseph,  68,  152,  196, 
199,  200,  227,  237-8,  285-6,  294, 
333,  365,  381,  383,  416,  427,  429, 
480. 

Hoyt,  Hon.  Ezra,  299,  300,  302-3, 
307,  344-347,  350,  390-393,  395, 
434  — note  on,  300  ;  Rev.  Otto  S. 
99. 

Hubbard  &  Cadwell,  479. 

Hubbard,  David,  25,  48;  Hon.  Jon- 
athan H.  171  ;  Orin,  214 ;  Capt. 
Timothy,  480. 

Hubbell's  Falls,  57. 

Hudson  river,  479,  481. 

Hugh,  Calvin,  260,  306. 

Hughes,  Humphrey,  405;  Thomas, 
347. 

Hughs,  Jesse,  216. 

Hunt,  Eli,  80;  John,  a  convict,  69, 
112, 162, 208, 304;  Hon.  Jonathan, 
111;  Josiah,  256;  Luther  B.  102, 
145, 156,  212;  Stephen,  8. 

Hunter,  Franklin,  500;  Jabesh,  26, 


514 


General  Index. 


79,  124,  174;  Hon.  William,  391; 
Hon.  William  G.  384,  388,  391, 
393,  395,  434— note  on,  391. 

Huntington,  Daniel  G.  74,  101;  J. 
D.  83. 

Huntley,  Jonathan,  9,  37;  Lyman, 
33,  37,  44. 

Hurlburt,  Israel,  79,  91;  David  jr. 
129, 146. 

Hutchins,  Lewis,  398. 

Hutchinson,  Amos,  78;  Ebenezer, 
41,46,189;  Oramel,73;  Hon.  Ti- 
tus, 138, 156-7, 174, 185-6,  208,  214, 
264,  304,  358,  362,  410— address  of 
to  Lafayette,  492. 

Hyde,  Archibald  W.  500;  Ceril,  316; 
Elisha,  414;  Jedediah,  11. 

Ide,  Simeon,  186. 

Illinois,  88,  474. 

Imprisonment  for  debt,  13, 14,  41-2, 

71, 119, 139, 211,  277, 280,  333,  337, 

389,  404,  425,  428,  444,  448,  455-6, 

468. 
India,  1. 
Indiana,  474-5. 
Indians,  Iroquois,  225,  247. 
Ingalls,  Edmund,  122. 
Ingersoll,  Rev.  George  G.  358,  392, 

394. 
Ingham,  Ephraim  jr.  78,  94;  Mica- 

jah,  121, 167;  Oliver,  135, 140,  405. 
Insolvency,  437. 
Inspector  General  of  beef  and  pork, 

241,  260,  262,  275,  286. 
Insurance  Companies,  1,  153,  195, 

199-201, 246, 260,  262,  275, 279, 286, 

292,  368,  385,  389,  416,  428. 
Internal   Improvements,    250,   293, 

466,  469-471,  476,  479-487. 
Irvine,  John,  347. 

Jackson,  Amelia,  321 ;  President 
Andrew,  65,  137,  289,  445,  472  ; 
John,  63,  96,  138,  195,  28l,  338, 
400,  503;  John,  a  convict,  256,  304, 
347;  P.  256. 

Jameson,  Thomas,  409,  429. 

Janes,  Henry  F.  391,  393,  395, 434— 
notes  on,  391,  504;  Horace,  396. 

Jaquith,  Josiah,  78, 115, 164  instead 
of  Jonah,  503. 

Jarvis.  Hon.  William,  117. 

Jeffreys,  Anthony,  162,  223. 

Jenison,  Gov.  Silas  H.  330,  476. 

Jenness,  John,  223,  267,  279;  Jona- 
than, 113. 


Jennison,  Charles,  114, 167;  Joseph, 
70  ;  Joseph  N.  9  ;  Joseph  S.  114, 
167,  396  ;  Kahum,  114,  167,  219, 
257,  315,  396. 

Jepherson,  Jedediah,  152;  Russell, 
121, 170,  211. 

Jerman,  James,  7, 17,  77. 

Jewett,  Samuel,  328. 

Jillett,  William,  306. 

Johns,  Alexander,  417. 

Johnson,  Aden,259;  Austin,208,263; 
Eliakim  H.  11,  117, 173;  George, 
364,  408  ;  Jacob,  313,  347,  396  ; 
James,  71,  218,  225  ;  John,  120  ; 
John,  a  convict,  163,  256,  304  ; 
Miles  H.  396  ;  P.  J.  C.  267,  309, 
311;  Robert,  112-13, 144;  Russell, 
88;  Thomas,  21,  32  ;  William,  6, 
17,  77, 113. 

Jones,  Catherine,  117. 151;  John,  6, 
9, 17,  77;  Samuel,  304,  367;  Will- 
iam, 304,  367,  415. 

Josselyn,  Amasa,  35,  70. 

Jourman,  James,  114. 

Joyslin,  Calvin,  48, 118. 

Judd,  Hon.  Eben  W.  1,  2,  4,  8,  63, 
108 — note  on,  2  ;  George  .  H. 
405. 

Judson,  Joshua,  266. 

June,  Henry,  113,  138. 

Justices  of  the  Peace,  limitation  of 
number,  318. 

Keeler,  Lewis,  114,  167,  180;  Wol~ 
cott  H.  152,  218,  280. 

Keith,  Calvin  J.  203,  205,  238,  252-3, 
286,  298-9,  333,  345,  391— note  on, 
203;  Rawsel  R.  205,  218,  252-3, 
298-9,  391,  344-5,  390,  434. 

Kelley,  Capt.  J.  500. 

Kellogg,  Hon.  Daniel,  30,  64, 66, 68, 
108-9,  113, 159,  161,  165, 182,  190, 
205,  211,  251,  253,  257,  297,  299, 
449,  490— note  on,  66;  Gen.  John, 
129,  138,  189,  196,  219,  254,  294, 
416,  427. 

Kelsey,  Curtis  jr.  10,  79. 

Kelton,  Nahum,  478. 

Kendall,  Benjamin  F.  361. 

Kennedy,  John,  269;  Joseph,  70. 

Kent/ Jacob,  315,  349,  382. 

Kentucky,  17,  475. 

Kenyon,  Daniel,  208,  234. 

Keyes,  Abel,  171  ;  Hon.  Elias,  11, 
14,  29,  79, 174,  180,  196,  201,  473  ; 
Samuel  W.  and  Stephen  S.  145, 
188,198;  Thomas,  74.    . 


General  Index. 


515 


Kezar,  or  Kazar,  Elijah,  6, 223,  267; 

Hiram,  6. 16,  38. 
Kidder,  Francis  and   Sally,  124  ; 

Norman  R.  146. 
Kilburne,  John,  118,  167,  216,  256, 

271,  310,  363. 
Kimball,  Amos,  69, 112, 169  ;    Hor- 
ace, 617  ;   Isaac,   73,  101  ;   Levi, 

129, 143. 
Kimpton,  Paul  W.  126, 146. 
King,  Joel  B.  256,  304,  367,  415  ; 

Otis,  70,  84. 
Kingman,  Captain,  153  ;  Nehemiah 

W.  261. 
Kingsland,  Thomas,  8. 
Kingsley,  Milo  W.  10. 
Kinney,  Zurishaddai,  274  ;  Asa,  23, 

25, 162, 176. 
Knapp,  Hylon,  256. 
Knight,  Ephraim,  17;  Isaac,  73,  214, 

229;  John  jr.  398,418. 
Knowles,  Jonathan,  9,  70. 
Knowlton,  William  2d,  163, 178. 

Ladd,  Abner,  398  ;  Ephraim,  113  ; 
Gen.  Perry  G.  147. 

Lafayette,  Gen.  123,  153-4,  183-4, 
196,  447,  449-50  — tour  and  ad- 
dresses of  in  Vermont,  488-502  — 
last  act  of  in  America,  501  —  note 
on,  488;  George  Washington,  489- 
90. 

Lake  Champlain,  80,  215,  217,  226, 
230,  239,  248,  257,  270-71,  279,  286, 
292,  296.  325,  329, 376,  420,  450-51, 
465-6,  479-483,  485  ;  Connecticut, 
450-51,481;  Erie,  482;  Memphre- 
magog,  321,  328,  413, 437,  450,  467, 
471,  481-2;  Ontario,  484. 

Lake,  Henry,  210. 

Lakin,  John,  425. 

Lamb,  Alvan,  409  ;  Doct.  Edward, 
480;  Harvey,  183;  Reuben  A.  398. 

Lamoille,  Canal,  482  ;  County,  pro- 
posed, 413,  416. 

Land  taxes,  special,  condemned, 
461. 

Langdon,  Hon.  Ghauncey,  64,  67, 
82,89,  108-111,  116,  158-161,  166, 
178,  185,  195,  203-4,  206-7,  214, 
218,  229,  232,  252-255,  259,  280, 
284,  298-9,  301-303,  307,  335,  344- 
347,  358,  370,  390,  478  ;  Gad,  221 ; 
Col.  James  H.  29,  341-2. 

Lanks,  John  3d,  72. 

Lapham,  Elisha,  306  ;  Nathan,  218. 

Lapish,  Truman,  130, 146. 


Larabee,  John  S.  230,  338. 

Lasel,  Bingham,  101, 137, 167. 

Laughlin,  Thomas  W.  370. 

Lawrence,  Gen.  Yille,  117, 148. 

Leavins,  Charles,  215,  216. 

Lee,  Hiram,  alias  John  Crawford, 
322,  367,  408;  William.  121;  Will- 
iam C.  92, 112,  405. 

Leffingwell,  Joseph,  224,  235. 

Legislative  reports,  197-8,  207. 

Leland,  Lieut.  Gov.  Aaron,  1,  8,  34, 
63-4,  66-7,  108-111,  116,  118,  158- 
161, 165, 195,  203-4,  206-7, 213,  229, 
284;  Alexander,  14,  23,  25;  Josh- 
ua, 218;  Otis,  118,  167,  263,  306; 
Simeon,  346. 

Leonard,  John,  403. 

Lewis,  William,  266. 

Library,  State,  see  State  Library. 

License  Law,  464. 

Light  Houses,  177, 187. 

Lillie,  Daniel,  122. 

Lillis,  Michael,  304,  408. 

Lincoln,  Willard,  70. 

Lindsey,  Rev.  John,  3,  5. 

Linsley,  Charles,  272. 

Litch,  Manasses,  406. 

Little,  Erastus,  304;  Joseph,  405; 
Samuel,  378. 

Locke,  William,  208,  223. 

Lockwood,  Samuel,  256,  305. 

Longley,  Ezekiel,214;  William,  69, 
169.  208,  267,  334. 

Long  Island  Sound,  450. 

Loomis,  Elijah,  310,  325,  329;  Hor- 
ace, 500  ;  Hon.  Jeduthun,  480  ; 
Russell,  125. 

Lotteries,  131, 172-3, 177, 179, 182-3, 
211,  218,  221,  223,  239,  249,  295, 
318, 324,  419,  455-6. 

Louis  Phillippe,  489. 

Louisiana,  363,  409,  432,  475. 

Loux,  or  Loucks,  William,  256,  304, 
347,  405. 

Love,  John,  20  ;  Jonathan  E.  322, 
369,  424. 

Loveland,  Rev.  Samuel  C.  138. 

Lowe,  Jonathan  E.  208  —  see  Love, 
Jonathan  E. ;  Robert,  230. 

Lower  Canada,  Governor  of,  467, 
471. 

Lowry,  Heman,  177,  216,  233,  500. 

Lucas,  Jesse,  304,  367. 

Luce,  Oliver,  169. 

Lull,  Capts.  J.  jr.  and  L.  500. 

Lumbard,  John,  93. 

Lyman,  Abel,  73  ;   Andrew,   128 ; 


516 


General  Index. 


.  Elias,  308  ;  Elias  jr.  182,  216,  234, 
349  ;  Hon.  Job,  17,  42-44,  63,  73, 
84,  96, 138, 171,  195,  281,  338,  345, 
347-8,  350,  384,  390,  392,  420,  434, 
503— note  on,  345  ;  John  jr.  304  ; 
Wyllys,  251,  370,  392,  416. 

Lynde,  John  and  John  Stewart,  96. 

Lyon,  Jacob,  137  ;  Josiah,  359,  .397; 
Moses,  163, 166,  218. 

McConnel,  John,  405. 

McDonald,  Jeremiah,  121. 

McDougal,  William,  235. 

McDuffie,  John,  324,  356,  358,  368, 
377,  400,  466,  483-4  — notes  on, 
466, 483. 

McGee,  Jeremiah,  69, 114. 

McGowan,  Arthur,  305,  325. 

McLaughlin,  Peter,  171. 

McLeran,  or  Laren,  Elijah,  284  ; 
James,  8,  214,  241,  256. 

McNeil,  Charles,  76,  80. 

Mack,  Daniel,  396,  407 ;  James,  10. 

Manchester  County,  proposed,  424. 

Maine,  2, 126, 136, 174,  268, 293, 297, 
475-6. 

Mallary,  Abner,  175;  Hon.  Rollin 
C.  101. 

Mallery,  Chester,  304. 

Mann,  Solomon,  500. 

Manufactures,  13,  21-2,  25-6,  37,  47, 
54,  73,  79, 100,  101, 121,  137,  139, 
142,  145,  151,  163, 166-7,  178, 181, 
186-7, 190, 194-5, 197, 199.  200-202, 
224,  230-31,  233,  235,  245-6,  265, 
268,  272-274,  276-7,  285,  291,  294, 
309,  312,  314,  317,  319,  321,  325- 
327,  330-332, 334, 339-341, 343, 358, 
368-9,  374,  438-9,  442-3. 

Maps,  24,  46, 189,  379. 

Marsh,  Hon.  Charles,  416  ;  Hon. 
George  P.  116, 129, 138,445;  Rev. 
James,  264;  Johnson,  212;  Rod- 
ney C.  396;  Stephen,  257. 

Marshall,  William,  72. 

Martin,  Andrew,  304;  Enoch,  358; 
John,  322;  Luther,  351. 

Maryland,  41. 

Mason,  John,  138. 

Massachusetts,  17,  88, 103, 126,  450, 
481-2,  484,  486-7. 

Mather,  Gen.  Phineas  jr.  189. 

Matthews,  Ebenezer,  348  ;  Timo- 
thy, 309. 

Mattison,  Lyman,  115, 138. 

Mattocks,  Gov.  John,  99;  Samuel,  8. 

May,  Gen.  Mills,  189,  270. 


Mazuzan,  Erastus,  308. 

Meach,  Hon.  Ezra,  185,  393;  Maj. 
Erastus,  500. 

Meacham,  John,  117, 150;  M.  R.  132. 

Mead,  Daniel,  171,  216,  246. 

Medcalf,  or  Metcalf,  Harvey,  30,  77, 
117. 

Medical  School,  322  ;  Medical  Soci- 
ety, U.  V.  M.,  199  ;  Caledonia 
County,  368. 

Meeder,  Betsey,  265,  269. 

Mellen,  Calvin,  267,  304,  415. 

Meoris,  Edward,  162. 

Merrill,  Calvin,  208;  Jonathan,  164; 
Hon.  Orsamus  C.  109,  111,  116, 
158-161, 166, 203, 205-207, 210, 214, 
252-255,  259,  289,  298,  301,  476— 
note  on,  109  ;  Hon.  Timothy,  5, 
66,  68,  109-111,  160-61,  206-7,  254 
-5,  301-2,  346-7,  392-3,  480. 

Metcalf,  see  Medcalf. 

Middlebury  College,  44,  54-5,  59, 
128, 160,  221. 

Miles,  James,  305. 

Military,  10,  12,  14,  17,  19,  22,  24, 
26-7,  31-2,  35-39,  44,  46,  71,  78,  81, 
84,  86,  94,  98,  101,  104,  129,  131, 
135,  138,  141,  143,  145,  148,  151,, 
154,  169,  173,  189,  204,  225,  229, 
258,  270,  274,  281,  286,  310,  316, 
320,  350-353,  362,  364-5,  369-70, 
381,  386,  415,  417,  427,  432,  442, 
444,  448-9,  457,  464,  471. 

Military  Academy,  Norwich,  12,  35, 
71,  94;  West  Point,  65. 

Millen,  Calvin,  361. 

Miller,  Mrs.  Sarah,  see  Hopkins 
/Sarah. 

Minot,  Christopher,  72. 

Missisquoi  bay,  198.  325,  329. 

Missisquoi  river,  75,80,  82, 145,  241. 

Mississippi,  137.  409,  473-4. 

Missouri,  355, 357, 363,  387, 474,  476. 

Mitchell,  Sophia,  198. 

Monroe,  Bohon  S.  677,  682;  Corne- 
lius, 405. 

Monroe  doctrine,  137,  473-4;  Presi- 
dent James,  448,  473. 

Montague,  Erastus,  260,  284. 

Montpelier  Canal,  482  ;  meeting- 
house Society,  209  ;  and  Wells 
River  railroad,  466. 

Mooney,  Thomas,  136. 

Moore,  Rums,  10. 

Morgan,  Timothy,  17,  38. 

Morrill,  John  C.  358  ;  Hon.  Justin 
S.  300. 


General  Index. 


517 


Morris,  Simon,  347,  405. 
Morrison,    Benjamin,   331 ;    John, 

262 ;  Samuel,  266. 
Morse,  David,  29,  270,  306;  Joseph, 

218,  220  ;   Moses,  312  ;   Moses  jr. 

325;  Zelotes,  314,  332. 
Morton,  Gen.  James  L.  151 ;   Otis, 

117. 
Mott,   Benjamin,  216,  234 ;   Lewis 

and  John,  132 ;   Joseph  M.  216, 

234 ;  Wallis,  115,   132  ;  William, 

216,  234,  310,  325,  329. 
Moulton,  John,  182  ;   Samuel,  214. 
Mower,  Capt.   Benjamin  F.   500  ; 

Maj.  Gen.  Lyman,  104,  490. 
Mumford,  Phebe,  21. 
Murdock,  Schuyler,  427,  430— note 

on,  427. 
Murphy,  James,  162,  304,  367;  Pat- 
rick, 112, 165, 170. 
Murray,  John,  163, 166. 

Nash,  Bev.  Sylvester,  358. 

Nason,  Elijah,  71. 

Navigation  Co.  152. 

Needham,  Nicanor,  11  ;  Kohana 
Cutter,  40,  49. 

Nelson,  Charles,  322;  Jonathan,  296. 

Newell,  Gordon,  72. 

New  Hampshire,  126,  411,  419,  426, 
450,  466,  481-483,  486,  490. 

New  Jersey,  250,  474. 

Newton,  Jabez,  256  ;  Joseph,  396  ; 
Josiah,  419. 

New  York,  88, 103,  245,  485-6. 

Nichols,  Miriam,  164, 190;  Peter  J. 
357;  William  H.  69, 112,  162,223. 

Nicholson,  Richard  H.  320. 

Nightingale,  Elizabeth,  9;  Joseph, 
48,  50. 

Niles,  John,  76, 85, 88, 400;  Nathan, 
125, 164, 170,  201. 

Noailles,  Duke  de,  488. 

Noble,  James,  115;  Levi,  77;  Will- 
iam W.  6,  77, 113. 

Nooney,  Thomas,  114. 

Norris,  David,  7, 77, 112, 162;  Nealy, 
256,304,367;  Samuel,  335;  Susan, 
Edson,  and  William,  234. 

North  Carolina,  17. 

Northern  N.  H.  Railroad,  487. 

Norton,  Isaac,  257;  Joel,  217. 

Nourse,  Jeremiah,  9,  82, 129, 168. 

Noyes,  Parker,  115, 167. 

Nullification,  462. 

Nutting,  William,  185-6. 


O'Brian,  David/304,  367,  409. 
Odel,  Ezekiel,  415. 
Office-seeking  discouraged,  258. 
Ohio,  17,  24,  41, 136-7, 174,  245,  268, 

317,  409,  474. 
Olcott,  Mills,  86,  88,  90. 
Older,  David  W.  208,  318,  364.  415. 
O'Leary,  Arthur,  304,  367. 
Olin,  Lieut.  Gov.  Henry,  58,  63, 106, 

253,  255, 257, 262,  298-9, 301-2,  325, 

345-347,  390. 
Onion,  Ichabod,  162, 184. 
Onion  [Winooski]  river,  182,  190, 

193,  341,  465,  480,  482,  484-5. 
Orange  County,  48,  96,  98, 106, 184, 

189,  205,  300,  384,  433,  480,  485. 
Orcutt,  John,  120,  156. 
Orleans  County,  20,  40,  77, 183, 191, 

301.  384,  399,  405,  414,  433. 
Ormsby,  Benjamin,  249,  256— note 

on,  249. 
Otikirke,  Harvey,  267. 
Otter  Creek,  95, 141,  143-4,  174,  201 

-2,  217. 

Paddock,  Hon.  Ephraim,  244,  294, 
335,  338,  358,  370,  410, 416;  James 
A.  471  ;  Robert,  216  ;  Solomon, 
164, 194;  William  E.  122. 

Page,  Abel,  84  ;  John  jr.  210,  235  ; 
John  R.  69,  113,  163  ;  Samuel, 
380  ;  William,  370,  416  ;  William 
G.  266,  275. 

Paine,  Gov.  Charles,  486;  Hon.  Eli- 
jah, 402,  489  —  address  of  to  La- 
fayette, 494. 

Palmer,  Daniel,  112,  170,  220,  269, 
325,  367;  Rev.  John  E.  162;  Wal- 
ter, 263;  Gov.  William  A.  255, 
393  395. 

Park,' or  Parks,  Luther,  72, 113. 

Parker,  Capt.  500  ;  Francis  D.  358  ; 
George  W.  72,  84 ;  Pliny,  397 ; 
Samuel,  10,  70, 114. 

Parkhurst,  Charles  K.  162,  210;  Ja- 
bez K.  304,  313,  329,  356  ;  Jared, 
74;  Phinehas,  233. 

Parsons,  Elisha  W.  11;  Samuel,  11, 
44,  275,  285. 

Partridge,  Capt.  Alden,  12,  31,  35, 
71,  86,  94,  99,  441;  Amos,  70. 

Party  spirit  condemned,  462,  464. 

Passumpsic  Canal,  482. 

Passumosic  and  Connecticut  Rivers 
Railroad,  487. 

Patchen,  Asa,  268. 

Patten,  Patrick,  270. 


518 


General  Index. 


Paul,  Adolphus,  414. 

Peake,  Daniel,  333. 

Peaslee,  Zachariah,  20. 

Peck,  Eli,  208,  257,  322,  373  ;  John, 
of  England,  and  of  Royalston, 
Mass.,  206  ;  Gen.  John,  1,  63-4, 
159,  203,  205-208,  213,  252  -  note 
on,  205;  Joseph,  205-6  ;  Julius  C. 
205,  252  ;  Hon.  Lucius  B.  206  ; 
Nahum,  476;  Noah,  118,  168,  215, 
260. 

Penniraan,  Jabez,  30. 

Pennsylvania,  103,  245,  409. 

Pensions,  338-9. 

Perkins,  Elisha,  231  ;  James,  396, 
423,430;  John,  104;  Luther,  214; 
Stephen,  79. 

Perrin,  Abel,  215. 

Perry,  Abner,  210;  Calvin,  214,  248. 

Persia,  1,  503. 

Peters,  Absalom,  162,  176. 

Petrie,  James,  308,  349. 

Pettes,  Frederick,  363. 

Pettibone,  Hon.  John  S.  255,  357, 
360. 

Phelps,  Abel,  397,  418  ;  Benajah, 
212;  Hon.  Charles  of  Townshend, 
1,  3-5,  8.  37,  40,  43,  47,  58,  63,  218; 
Francis  E.  171;  John,  306;  Sarah, 
and  Hon.  Samuel  S.  159;  Theo- 
dore, 263. 

Philip,  Indian  Kins?,  401. 

Phillips,  Asa,  169, 171;  Samuel,  270. 

Pier,  Norman  B.  369,  385  ;  Phile- 
tus,  82.    • 

Pierce,  Hon.  David,  68,  122,  179, 
226,  264,  311,  358,  412  ;  Edwin, 
398. 

Pierpoint,  David,  159;  Hon.  John, 
160;  Robert  of  Manchester,  159; 
Hon.  Robert  of  Rutland.  99,  159- 
161,  165,  191,  195,  202-3,  205,  207 
-8,  210,  222,  235,  245,  252-255, 
259,  281,  298-9,  301-303,  307,  344- 
347, 350,  360,  384, 390-393,  396, 420, 
422,  434,  481,  503— note  on,  159. 

Pierson,  Uzal,  57-8,  60-62. 

Pilsbury,  Enoch,  410. 

Pitt,  John  W.  10. 

Pitts,  Catherine,  270. 

Piatt,  James  H.  221;  Hugh,  7. 

Plumley,  John,  347,  415  ;  Silas,  69, 
112, 169,  223,  270. 

Political  notes,  &c,  65,  280-81,  286, 
289,298,328,347,391,395. 

Pomeroy,  John,  30  ;  Milo,  322,  397, 
402. 


Pond,  Philip,  396. 

Porter,  David,  208,257,327;  James, 
396,  420  ;  Samuel  W.  301. 

Potter,  Ralph,  372. 

Powell,  Elizabeth,  308,  335;  Tru- 
man, 10,  330. 

Pratt,  Benjamin,  19,  29.  40,  44,  70  ; 
Elijah,  405  ;  Hon.  Joel,  1,  3,  4,  6, 
33,  63-4,  66-7,  70,  108,  110,  166  ; 
John  A.  348,  359,  412  ;  William 
B.  396. 

Prentiss,  Alfred,  7,  17,  100  ;  Edg- 
combe,  256  ;  Frederick  J.  504  ; 
Doct.  Samuel,  401;  Hon.  Samuel, 
19,  44,  99,  174,  214,  255,  264,  303- 
4,  347,  358,  393,  401,  480,  504  — 
notes  on,  124,  149,  401  ;  Hon. 
Samuel  B.  402  ;  Stephen,  7,  38  ; 
Capt,  Thomas,  401. 

Prescott,  Lieut.  Gen.  Richard.  502; 
William  W.  361. 

Presidency,  single  term  of,  458, 478. 

President  and  Vice  President,  mode 
of  election  of,  387,  432.  445,  475. 

Presidential  electors,  116,  119,127, 
129, 131, 154, 175,  179,  447. 

Prince,  Horace,  213. 

Prindle,  Martin,  396. 

Prison  discipline,  465. 

Procter,  Rev.  Hadley,  412. 

Proctor,  Hon.  Jabez,  1,  2,  4,  63-4, 
66-7,  70, 108-111, 116, 138, 158-161, 
165,  203,  205-207,  222,  252,  254,  298 
—note  on,  2;  Gov.  Redfield,  2. 

Prussia,  474. 

Public  lands,  U.  S.,  105. 

Pulsipher,  John,  260. 

Purdy,  Truman,  305,  325. 

Putnam,  Gen.  Israel,  1. 

Putvah,  J.  B.  7,  17,  38. 

Quackenbush,  Peter  N.  or  W.  7,  77. 
Quarter-Master  General,  61,  71,  94 

-5,  98,  102,  129,  141,  153-4,  194, 

274,  400. 
Question  of  order,  43. 

Railroads,  428,  451,  479,  482-487. 
Rand,  Gen.  Denzel  D.  350. 
Randall,  Betsey,  Judith,  Rhoda,  and 

William,  272,  276,  284,  353,  363. 
Ransom,  Gov.  Epaphroditus,  254; 

Robert,  405;  Col.  R.  M.  500. 
Ray,  Elos,  262,  271. 
Raymond,  Lyman,  162, 194. 
Reed,  John,  24;  Lyman,  notice  of, 

484-5. 


General  Index. 


519 


Remington,  Elijah,  213,  216,  228. 

Remsen,  Peter,  208. 

Reporter  and  reports,  see  Supreme 

Court 
Reynolds,  John,  304,  364. 
Rhoades.  John  A.  143. 
Rhode  Island,  126,  502. 
Rice,  Daniel  H.  70, 113 ;  Capt,  George 

W.  18,  500;  John,  7,  16,  38. 
Richards,   Lieut.   Gov.  Mark,  393- 

396,  434,  503. 
Richardson,  Israel  P.  29,  40. 
Richmond,  Capt.  500. 
Ricker,  Joseph,  262. 
Right  of  representation,  38-9,  44-5, 

55. 
Riley,  Thomas,  322. 
Ripley,  Samuel,  14,  70, 114;  Sylva- 

nus,  376. 
Rising,  Amos,  173. 
Ritchie,  A.  H.  504. 
Rix,  Daniel,  500. 
Rixford,  Isaac,  73. 
Roberts,  Hon.  John,  3.  64-5,  67, 109, 

111,   116,   144,  158-161,  165,   203, 

205-207,  214,  225,  233,  252-255,  259, 

298,  395— note  on,  65;  Gen.  Mar- 
tin, 19,  30,  32,  151,  320. 
Robie,  John  2d,  397-8. 
Robinson,  Calvin,  9,  70,  114,  134  ; 

Eber,  171  ;  Ephraim,  114;  Hon. 

George  of  Burlington,  53;   Gen. 

Henry,  117,  320,  410;  James,  112, 

164,223;  John,  260;  Moses,  130. 
Rockwell,  Merritt,  332. 
Rogers,  Adonijah  B.  76  ;  Hanson, 

147;  Jabez,  172;  John,  418;  Lu- 
ther, 220;  T.  W.  P.  504. 
Rolfe,  Gen.  Benjamin,  142,  152,  229, 

266,  310,  365. 
Rollins,  Joseph,  306,  349  ;  Joshua 

N.  7,  17,  38 ;  Reuben,  7,  77,  103, 

133, 162,  223. 
Rose,  Hannah,  400. 
Rowell,  William  218. 
Royce,  Col.  Rodney  C.   344,  393  ; 

Gov.   Stephen,  7,   151,  174,   214, 

264,  283-4,  358,  410. 
Rugg,  John,  308,  335. 
Runnells,  Edwin  M.  311. 
Rush,  Hon.  Richard,  328. 
Russell,  David,  215-16  —  address  of 

to  Lafayette,  498. 
Russia,  474. 
Rust,  Aloni,  176,  183. 
Rutland  County,  2,  36,  80, 196, 198, 

221,  324,  384,  433. 


Rutland  and  Burlington  Railroad, 

487. 
Rutledge,  Stewart,  208,379,425,  433. 

Safford,  Solomon,  220. 

St.  Lawrence  river,  479,  483. 

Salt  Manufacturing  Company.  Ver- 
mont, 245,  285,  295,  372 ;  ditto 
White  river,  332. 

Sampson,  Charles.  263,  306;  N.  304. 

Sanborn,  Rhoda,  408. 

Sanderson,  John  H.  170. 

Sanford,  William  R.  71. 

Sergeant,  Benjamin  B.  10,  70,  118, 
170-71,  271,  306. 

Sartwell,  Daniel,  347,  408,  424. 

Savery,  Samuel,  322. 

Sawyer,  Conant,  163, 178;  Emanuel, 
356  ;  Rev.  Joseph  W.  39,  67-8  ; 
Nathaniel  P.  9,  164. 

Saxe,  Peter,  405,  422. 

Sayre,  Sylvanus,  72,  86,  88,  90. 

Scales,  Cyrus,  347,  412. 

School  Commissioners,  294, 335,  370, 
416. 

School  Fund,  306,  310. 

Schools,  see  Common  Schools. 

Schuyler,  Gen.  Philip,  479. 

Scott,  Harvev,  170,  216,  234;  Jeffer- 
son, 365.  399,  424  ;  Lemuel,  69, 
112,  236,  273,  365,  424  ;  Philip, 
215,  224;  Wait,  358,  365,  424; 
Whitelaw  V.  173. 

Scranton,  Nathan,  221,  249. 

Seaman,  George,  14,  23,  25. 

Sears,  Silas,  413. 

Selden,  Alonzo,  210,  226. 

Senter,  Zaccheus,  369. 

Sentinel,  Northern,  of  1825,  rare 
file  of,  504. 

Sessions,  Walter,  10,  217. 

Severance,  Asaph,  172  ;  T.  J.  304, 
367,  415. 

Seymour,  Hon.  Horatio,  65,  212. 

Shafter,  William  R.  334,  478. 

Shattuck,  Benjamin,  348;  Daniel  S. 
417;  Moody,  398. 

Shaw,  George  B.  305,  345,  348,  391, 
398— note  on,  301;  Levi,  237. 

Shedd,  Charles,  266. 

Sheep,  68, 177,  420. 

Sheldon,  Alexander,  10,  41;  Joshua 
W.  212. 

Shepard,  Hezekiah,  257,  304,  367, 
407;  Philip,  162,  347;  Zebulon  R. 
129. 

Shephard,  George,  257;  P.  304. 


520 


General  Index. 


Sherman,  Abner  M.  373,  415. 
Shipley,  Zelmon,  304,  369,  408. 
Shippey,  Richard,  408. 
Sholes,  Joseph,  120,  167. 
Shupee,   or   Shippen,    or   Shippee, 

Jesse,  304,  347,  408,  412. 
Silver,  Benjamin  T.  69, 113. 
Simonds,    Edward,    18,    190,    218, 

234. 
Sims,  Leonard,  117. 
Simmons,  George  7. 
Simms,  Josiah,  121,  170,  217,  317; 

Josiah,  jr.  224,  257,  430. 
Skinner,  J.  P.  500:  Gov.  Richard,  1, 

3,  4,  66, 122,  159,  174,  214,  263  4, 

304,  338,  379,  398. 
Slade,  Gov.  William,  105,  195, 199, 

226,  266,  274,  279. 
Slavery,  249,  292,  473-4. 
Smalley,  Luraney,  170,  208,  248. 
Smilie,  Nathan,  382. 
Smith,  Asahel,  317;  Benjamin,  7,  77; 

Rev.  Benjamin  B.  226;  C.  304; 

Calista,  118,  153;  Cornelius,  373, 

407;  Cyrus,  349;  David,  153;  Den- 

ison,  346,  353,  478;   Elihu,  9,  30, 

32;  Jeremiah,  7;  Jonas,  166;  Gen. 

Jonathan,  104,  189;  Henry,  263; 

Hon.  John  of  St.  Albans,  302,  335. 

347,  370,  392  ;    Joseph  2d,  193  ; 

Leonard,  69,  77, 138, 141, 227,  241; 

Lyman,  187;  Marston  Cabot,  153; 

Michael,  169  ;   Nathan,  82  ;  Na- 
thaniel 80;  Hon.  Oramel  H.  Ill, 

161,  207,  255,  302,  347:  Pliny,  216; 

Rev.  Reuben,  433;  Reuben,  385; 

Rev.  Worthiugtou,  186. 
Snow,  Capt.  500 ;  Martin,  10,  115  ; 

Samuel,  281. 
Society  for  the  propagation  of  the 

gospel,  140,  441,  445. 
Somerby,  Capt.  Joseph,  500. 
Soule,  Gen.  Harry,  362. 
Southard,  Caroline,  46;  James,  171. 
South  Carolina,  17,  317,  355,  387, 

462,  466,  476. 
Southgate,  Benjamin    F.   332  ; 

Thomas,  263. 
Spain,  65,  440. 

Sparhawk,  Edward  V.  198,  202. 
Spaulding,  Azel.  383,  427;   Jared, 

354  ;  Hon.  John,  480  ;   Ruluff,  7, 

19,  38. 
Spencer,  Jacob,  148,  Jacob  A.  71, 

77,  93;  William,  193,  226. 
Sprague,  Nathan  T.  senior,  179,  430. 
Squires,  Alson,  212. 


Stacy,  Mrs.  Henrv  B.  and  familv 
504:  John,  257,  313. 

Staniford,  Daniel,  76, 106, 175. 

Stanley,  John,  267,  329;  Hon.  Tim- 
othy, 1,  3,  4,  8,  63-4,  66-7,  69, 108- 
9,  111,  158— note  on,  503. 

Staples,  Theodore,  23,  77, 114. 

Starkweather,  John,  159,  203. 

State  Bank,  see  Vermont. 

State-House,  165, 190,  208-210,  232, 
236  302  341. 

State 'Library,  202-3,  286,  333,  345, 
383,  421,  427,  431,  433. 

State  Papers,  see  Vermont. 

State  Prison,  see  Vermont. 

Steamboat  Companies,  152, 184,  213, 
225,  234,  239,  244-5,  384,  403,  423. 

Stearnes,  Henry,  John,  and  Phin- 
eas,  321,  326;  John,  352  ;  Henry 
L.  162,  223;  Rufus,  71. 

Stebbins,  Milo,  198;  Jairus,  306, 397; 
John,  260. 

Steele,  James,  125,  167,  389;  Will- 
iam, 328,  377,  419. 

Stem,  Christopher,  115. 

Stephens,  Benuel  K.  112;  George, 
257,  304,  347,  416;  Henry  L.  112. 

Stephenson,  William,  398,  413,  420. 

Sterling,  Richard,  355. 

Stevens,  Albert,  208;  Elias,  359; 
Henry,  163,  306;  Rich,  315,  324; 
Samuel  S.  398;  Tappan,  170,  216, 
250-51,  261,  352,  396. 

Stewart,  Ira,  122  ;  Jonas,  177;  Jo- 
nas K.  222. 

Stimson,  Col.  Alba,  500;  Stephen, 
alias  Thomas  White,  369. 

Stockwell,  Miranda,  222;  William, 
231,  313. 

Stoddard,  Abial,  115;  Mrs.  Sophia 
Dana,  1,  503. 

Stone,  Ebenezer,  164,  197;  Jasper, 
210;  Jonathan,  164,  197;  Leon- 
ard, 21^,  234;  Nathan,  210. 

Stowell,  Reuben,  214. 

Strong,  Gen.  Moses,  164,  218,  266, 
398;  Gen.  Samuel,  120, 147;  Gen. 
Samuel  P.  286. 

Sullivan,  John  L.  482-484, 486— note 
on,  483. 

Sullivan  Railroad.  487. 

Sumner,  David  H.  170, 183;  Hiram 
B.  257;  Randall,  162;  William 
John,  398. 

Supreme  Court,  election  of  Judges 
of,  19,  44,  46,  122,  128,  174,  214, 
264,  284,  294,  304,  338,  358,  410, 


General  Index. 


521 


421,  423,  503  ;  Reports  of,  24, 105, 

190,  198,  200,  201,  221,  343,  372, 

386,  389-90,  426,  428,  431,  467. 
Surveyor  General,  31,  86,  99,  138, 

145,  179,  181,  219,  226,  232,  264, 

311,  358,  412. 
Surveyor  of  Public  Buildings,  51, 

104,  190,  200,  208,  286,  333,  383, 

427. 
Suspended  bills,  rule  on,  318.  —  See 

Governor  and  Council. 
Swallow,  Nahura,  352. 
Swan,  Hon.  Benjamin,  4,  29,  63,  67, 

96,   133,  138,  161,  195,  207,  255, 

272,  281,  338,  345,  384-5,  393,  420, 

503. 
Sweeney,  Charles,  10,  71, 124, 152  ; 

Fanny,  71. 
Sweetzer,  Stephen,  408. 
Swift,  Hon.  Benjamin,  203;  Noadiah 

117. 

Tabor,  John  W.  169. 

Taft,  Elisha,  267. 

Taggert,  Samuel  and  William,  355. 

Taplin,  Capt.  500. 

Tarbell,  Leander  W.  369. 

Taylor,  Ambrose,  315  ;   John,  369  ; 

Jonathan,  416  ;  Oliver,  86,  88,  90; 

Samuel,  48;  Thomas,  121, 170. 
Temperance,  464. 
Temple,  Robert,  1,  4,  5,  17,  26,  61, 

63-4,  70,  87,  98, 161,  194, 199,  206, 

473. 
Templeton,  Joel,  214,  246. 
Tenney,  Asa,  120,  403. 
Tennessee,  247,  445,  474-5. 
Thatcher,  Bliss  B.  162. 
Thayer.  Oliver,  281;  William  jr.  170. 
Thomas,  Capt.  Henry,  73,  87,  500  ; 

Joseph,  278;  Zerah  B.  85, 114. 
Thompson,  Hon.  John  C.  253,  255, 

257,  259,  298-9,  301-303,  307,  344- 

347, 350, 390-393, 395, 410, 417, 434, 

500— note  on,  253. 
Thurston,  Sampson,  38;  Samuel,  15. 
Tichenor,  Gov.  Isaac,  209. 
Toasts  by  Gen.  Lafayette,  488,  501. 
Todd,  Thomas,  122, 130, 144, 167. 
Tolles,  Levi,  413. 
Tolman,  Rev.  Thomas,  237. 
Tom,  Hugh,  356,  371. 
Tourtellott,  Abraham,  352,  354. 
Town,  George,  164,  216. 
Town  offices,  eligibility  to,  426. 


34 


Toums,  Gores,  &c. 
Acton,  309,  334,  340. 
Albany,  84,  237  ;    Albany,  N.  Y., 

482. 
Alburgh,  325,  329,  418. 
Amherst,  Mass.,  66. 
Andover,  36,  88, 142,  208. 
Athens,  38,  94,  115. 
Avery's  Gore,  94,  98, 115,  263,  306, 

381. 
Bakersfield,  91,  99, 102,  104, 114-15, 

118,  120,  130,  132,  139,  146,  150, 

421. 
Baltimore,  309, 399,  429;  Baltimore, 

Md.  41,  333,  484. 
Barnard,  171, 180, 187,  500. 
Barnet,  194,  429,  450,  481-2. 
Barre,  36,  346,  353,  500. 
Barton,  87, 105,  238,  290. 
Beccleu,  England,  205. 
Bellows  Falls,  42,  45,  186, 199,  201, 

224,  231,  400,  417,  419. 
Belton,  England,  206. 
Belvidere,  18,  34,  72,  91,  99,  101-2, 

104, 114-15, 118, 120, 130, 132, 139, 

146,  150,  261,  306,  310,  314,  333, 

340,  348,  356,  384,  396,  417,  429. 
Bennington,  22,  109,    159,   170-71, 

187-8, 205,  233-4,  246, 253, 257, 261, 

273,  334,  340,  358,  375,  383. 
Benson,  127,   138,  189,  198,  257-8, 

326,  339. 
Berkshire,  61. 

Berlin,  136,  231,  241,  341,  500. 
Bethel,  131,  351,  371,  373,  426,  430. 
Bloomfield  as  Minehead,  189,  226, 

428. 
Bolton,  85,  229,  244,    282,  305,  326, 

387. 
Boston,  Mass.,  428,  466,  479-80,  482- 

488,  502. 
Bradford,  11,  27,  29,  45,  49, 125, 127, 

131, 164,  350,  397,  423,  466,  483. 
Braintree,  99, 134, 145, 150. 
Brandon,  10,  70,  71,  84, 115, 179. 
Brattleborough,  66, 94, 101, 131, 150, 

167,  213,  257,  299,  301,  345,  391 

401,  483. 
Bridgewater,  129, 141,  282,  319,  329, 

341. 
Brighton  as  Random,  292,  333. 
Brimfield,  Mass.,  391,  504. 
Bristol,  65,  72,  85, 115, 144, 155,  208, 

234,271,291,418. 
Brookfield,  97, 189, 266, 275, 284, 315, 

331,  355,  386,  390,  500. 
Brookline,  10,  18,  28,  33-4,  38-9,43- 


522 


General  Index. 


Towns,  Oores,  Ac.  continued. 

45,  50,  55, 57,  88. 249, 279,  304,  317, 
328,  341. 

Brownington,  74,  84,  272. 

Brunswick,  85,  95,  226,  481. 

Burke,  10,  37,  70,  260,  275,  280. 

Burlington,  64-5,  86,  93-4, 105,  109, 
136,  140,  159,  171,  186,  241,  253, 
296,  299,  301,  345,  347,  352,  369, 
372,  386,  389,  391,  396,  409,  418, 

424,  450,  457,  479-80,  482-3,  485-6, 
489,  496,  500,  501,  504. 

Cabot,  14,  20. 
Calais,  36,  242,  367,  504. 
Cambridge,  18,  34,  72,  308,  339,  355. 
Canaan,  154, 179,  260,  310,  349,  388- 

390. 
Castleton,  21,  48, 50,  53,  64, 109, 159, 

205,  210,  236,  253,  299,  345. 
Cavendish,  1,  2,  36,  64, 109, 159, 205, 

356,  384. 
Charleston  and  as  Navy,  10,  50,  84, 

198,  250,  369,  381,  399,  503. 
Charlotte,  80. 

Chavagnac,  Auvergne,  France,  488. 
Chelsea,  1,  29,  49,  52,  64,  109,  122, 

142-3, 152,159, 331,355,386,390,483. 
Chester,  1,  36,  64, 109, 142, 159, 184, 

205. 
Chittenden,  234,  383,  389. 
Coit's  Gore,  see  Waterville. 
Colchester,  36, 106,  300,  333-4. 
Concord,  9, 74,  82, 102, 118, 120, 147, 

166-7, 198,  218,  230,  246,  251,  260. 
Concord,  N.  H.,  466,  483-486,  503. 
Cornwall,  8. 
Coventry,  10,  14,  31,  179,  285,  295, 

306,  333. 
Craftsbury,  10, 40, 159,  205,  234,  253, 

299,  345,  361,  384,  391,  481. 

Danby,  8,  71,  312,  354,  375,  396. 

Danville,  1, 11,  64,  70, 105, 109, 137- 
8, 151, 159,  205,  253,  299,  301,  345, 
391,  399,  403,  424,  481,  501-2. 

Derby,  279,  283,  399. 

Dorset.  36, 130, 146, 198,  240. 

Dover,' 260,  276,  306,  310. 

Dummerston,  94, 101, 131,  150, 167, 
238,279,286,365,386. 

Duxbury,  36,  214,  241. 

East  Dorset,  proposed,  240. 
East  Kandolph,  493. 
East  Haven,  340. 

Eden,  260-61,  285,  290,  294-5,  310, 
314,  340,  349,  356,  377,  397,  417, 

425,  430,  432. 


Elizabethtown,  proposed,  25,  72. 
Elmore,  36,  274,  276,  294. 
Enosburgh,  356. 

Essex,  36, 150, 157, 177, 191,  230, 340. 
Fairfax,  78, 145, 156,  425. 
Fairfield,  268,  276,  345,  384. 
Fairhaven,  88, 134, 150,  209-10,  236, 

312  380 
Fairlee,  88, 125, 127, 130-31, 274, 282, 

294,  306,  324. 
Farmington,  Conn.,  109. 
Fayston,  26,  36,  43,  263,  294. 
Ferdinand,  306. 
Fletcher,  276. 

Franklin,  70,  90, 184,  417,  424. 
Glastenbury,  173. 
Glover,  10,  70,  84,  137,  283. 
Goshen,  10,  31,  54,  73,  81,  258,  312, 

333,  340,  365,  384. 
Goshen  Gore,  349,  377. 
Grafton,  36, 115. 
Granby,  329-30,  334. 
Granville  as  Kingston,  10,  27,  305, 

329,  363,  367,  374. 
Greensborough,  1,  64,  87,  109,  248, 

266,  290,  396,  503. 
Groton,  9, 10,  27, 191,  397,  418. 
Guildhall,  1,  64, 109, 153,  253-4,  268, 

280,  290,  421. 
Guilford,  340. 

Hancock,  71,  84, 146,  229,  258,  273. 
Hardwick,  263,  290. 
Harris's  Gore,  191,  418. 
Hartford,  1,  59,  145,  166,  194,  229, 

235,  239,  248,  392. 
Hartford,  Conn.,  171,  407,  479,  481. 
Hartland,  154,  235,  253,  500. 
Harwich,  see  Mount  Tabor. 
Haverhill,  N.  H.,  268. 
Highgate,  91, 153, 186, 198,  212,  225, 

347. 
Hinesburgh,  15,  55,  57,  59, 122,  146, 

180,  231,  237,  405,  410,  420. 
Hingham,  England  and  Mass.,  205. 
Hog  Island,  18,  25,  72. 
Holland,  183,  268. 
Huntington,  305. 
Hydepark,  9,  51,  56,  260,  314,  356. 
Hyde's  Island,  27. 

Irasburgh,    207,  253,  299-301,  339, 

345,  391. 
Isle  la  Motte,  and  as  Vineyard,  325, 

372,  381,  425. 

Jamaica,  76,  91,  218,  248,  266,  370. 


General  Index. 


523 


Towns,  Gores,  &c,  continued. 

Jay,  10, 18,  70.  72,  90, 155,  381. 
Jericho,  36,  247,  335,  479. 
Johnson,  101,  314,  356. 
Keeseville,  N.  Y.,  485-6. 
Kelly's  Grant,  9,  86,  183,  185,  199. 

200. 
Kellyvale,  see  Lowell. 
Kinderhook,  N.  Y.,  64. 
Kingston,  see  Granville. 
Kirby,  10,  25,  27,  214,  226. 
La  Grange,  France,  489. 
Landgrove,  36, 169, 184. 
Lebanon,  N.  H.,  483. 
Leicester,  252,  299,  345. 
Lemington,  237. 
Lewis,  306. 
Lincoln,  85,  115,  144, 146,  155,  208, 

241. 
Litchfield,  Conn.,  159. 
Londonderry,  22,  30,  32,  36,  41-2, 

47,  56,  58,  86,  234. 
Londonderry,  N.  H.,  483. 
Lowell  as  Kellyvale,  9,  37,  46,  49, 

183,  199,  200,  285,  294,  339,  356, 

377. 
Lowell,  Mass.,  484. 
Ludlow.  36,  381,  406. 
Lunenburgh,  10, 170, 180. 
Lyndon,  35,  57,  91,  501. 
Maidstone,  32,  225. 
Malone,  N.  Y.,  485. 
Manchester,  1,  64, 159, 262,  299,  300, 

345,  350,  354,  372,  375,  378,    382 

-3,  391,  397,  403,  424,  481. 
Mansfield   [now  a  part  of  Stowe], 

36,  79,  84, 242,  359, 384,  405-6,  411. 
Marshfield,  36,  135,  306,  349. 
Mendon,  and  as  Parkerstown,  18, 

60,  225,  269,  279,  284. 
Middlebury,  1,  2,  21,  64-5,  109, 159, 

186,  191,  196,  205,  253,  309,  316, 

325,  333,  351,  383,  390,  396.  406, 

421,  449. 
Middlesex,  36,  125,  169,  214,  241, 

245,  266,  500. 
Middletown,  20, 22,  86, 180, 189, 196, 

306. 
Milton,  30,  204,  284. 
Minehead,  see  Bloomfield. 
Monkton,  194,  473. 
Montreal,  P.  Q.,  50,  56. 
Montgomery,  164, 191,  414. 
Montpelier,  36,  85,  94,  123-4,  138, 

149, 165, 181,  198,  200,  202-3,  205- 

6,  209,  231-2,  239,  231-2,  239,  241, 

245,  253,  299,  300,  336,  343,  345, 

348,  360,  391,  401-2,  424,  430,  451, 


465-467,  479-481,  483-486,  489,494, 
500,  501,  504. 
Moretown,  26,  36,  43,  266,  281,  295, 

414. 
Morgan,  9,  23,  275,  324,  339,  396, 

399,  429. 
Morristown,  20,  40,  77,  83,  260,  314, 

356. 
Mount  Holly,  167, 177, 179, 187,  221, 

236,  274. 
Mount  Tabor,  8, 185,  198,  248,  312, 

335,  354,  375,  419,  429. 
Navy,  see  Charleston. 
Newark,  10, 11,  50,  82,  92, 100,  101, 

103,  155,  224,  243,  260,  279,  424. 
Newbury,  36,  61,  147,  212,  219,  241, 

248,  309,  349,  351,  381,  423. 
Newfane,  106,  210,  213. 
New  Haven,  70, 83, 89, 140, 155, 299, 

300,  345,  391,  445. 
New  Haven,  Conn.,  159. 
New  Orleans,  Lou.,  203. 
Newport,  74, 105,  214,  237,  258,  352. 
Newton,  Mass.,  401. 
New  York  city,  21,  65, 360, 479, 482, 

484-5,489,504. 
Northfield,  26,  29,  36,  54,  77,  85,  92, 
94, 100, 101, 173,  191,  238,  310, 420, 
429,  441,  486. 
Northfield,  Mass.,  401. 
North  Hero,  27,  345. 
North  Kingston,  E.  I.,  345. 
Norton,  263,  306. 
Norwich,  12,  86,  135,  247,  284,  366, 

483,  500. 
Ogdensburgh,  N.  Y.,  428.  466,  482, 

484-487. 
Old  Hingham,  England,  205. 
Orange.  11, 14,  36,  70,  84,  214,  225. 
Orwell/128. 
Paris,  France,  489. 
Parker's  Gore,  see  Sherburne. 
Parkerstown,  see  Mendon. 
Pawlet,  52,  312,  354,  375. 
Peacham,  324. 

Peru,  36, 163. 183, 305,  310, 325,  333. 
Philadelphia,  Pa.,  65. 
Pittsfield,  19,  26,  36, 122, 150,  282. 
Pittsford,  78,  235,  246. 
Plainfield,  36. 
Plattsburgh,  N.  Y.,  1. 
Plymouth,  80,  90, 121, 142, 171, 178- 

9,  332,  340,  381. 
Plymouth,  N.  H.,  483. 
Point  Au  Fer,  N.  Y.,  372. 
Pomfret,  1, 142,  500. 
Pomfret,  Conn.,  1. 


524 


General  Index. 


Towns,  Gores,  &c.  continued 

Port  Kent,  N.  Y.,  483,  486. 

Portland,  Maine,  479. 

Portsmouth,  N.  H.,  480,  482. 

Poultney,  184, 194,  302. 

Providence,  R.  I.,  502-3. 

Pownal,  171, 187-8. 

Putney,  36,  38,  90,  92,  99,  365. 

Quincy,  Mass.,  483. 

Randolph,  18,  26, 120, 124,  131, 180, 

229,  258,  336,  343. 
Reading,  85,  96, 134, 155. 
Readsborough,  36, 113, 134. 275, 291, 

351,  364. 
Richford,  164, 191,  397. 
Richmond,  305,  500. 
Ripton,  151,  239,  329,  333,  349,  383- 

4,  390,  417. 
Rochester,  20, 122, 145, 150. 
Rockingham,  64,  66,  68,   109,  159, 

205  253  299. 
Roxbury,'26,  36,  43,  124,  146,  238, 

338. 
Royalston,  Mass.,  206. 
Royalton,  174,  276,  285,  493,  500. 
Rupert,  36,  224. 
Rutland,  1,  11,  60.  64,   133,  135-6, 

147, 152, 159-60, 178,  205,  232, 239, 

253,  299,  309,  311,  315,  322,  325, 

337,  339,  345,  355,  359,  374,  383, 

481. 
Ryegate,  45,  54, 125,  230,  248-9,  291- 

2,  334,  340,  351.  377,  391,  429,  481. 
St.  Albans,  1,  50,  64,  109,  159,  181- 

2,  205,  213,  234,  253,  261,  268,  272, 

276,  299,  345,  359-60,  374,  391-2. 
St.  George,  117, 133. 
St.  Johnsbury,  122, 132,  481. 
Salem,  153,  260,  279,  283,  399. 
Searsburgh,  321.  335. 
Sharon,  28,  39,  128,  142,  328,  360, 

377  419. 
Sheffield,  151. 183. 
Sheldon,  70,  75,  80,  82,  89,  96. 
Sherburne,  18, 19,  26,  48,  89,  237-8, 

258,  266,  282,  319,  329,  348,  365, 

368,  373,  383,  389,  397. 
Sharon,  351. 
Shoreham,  65,  230,  239. 
Shrewsbury,  20,  80,  120,  131,  135, 

315,  349,  377.' 
Somerset,  70,  81,  214,  234. 
Springfield,  36,  308. 
Stamford,  113, 133,  418. 
Starksborough,  225,  250,  305,  317, 

324,  331,  333,  341,  361. 
Sterling,  308,  314,  321,  333,  339,  356. 
Stockbridge,  19,  26,  315,  322,  339. 


Stonington,  Conn.,  401. 

Stowe,  36,  309,  340. 

Strafford,  76, 167,  227,  237,  247,  284, 

299,  300,  328,  345,  371,  391,  419, 

485. 
Stratton,  241,  266,  276,  397,  418. 
Sudbury,  196,  503. 
Sunderland,  10,  305,  329. 
Sutton,  113, 138, 153,  238,  275,  279. 
Swanton,  241,  247-8,  345,  384,  480. 
Thetford,  114, 135,  205,  253. 
Topsham,  36, 142,  263,  275,  285,  397, 

418. 
Townshend,  1,  240,  250. 
Troy,  18,  72, 173,  216,  234.  277,  281, 

283,   285,   290,  294,  356,  377,  406, 

411,  421. 
Tunbridge,  148,  151,  178,  180,  184, 

198,  500. 
Underhill,  204,  333. 
Uxbridge,  Mass.,  203. 
Yergennes,  11,  28,  151,  187-8,  190- 

192, 197, 201-2, 216, 227-8, 231,  312, 

325-327,  449,  503. 
Vernon,  326,  340,  396. 
Vershire,  130, 138. 
Victory,  35,  70,  84,  228,  414. 
Waitsfield,  26,  29, 36, 43,  54, 77, 85-6, 

92, 100, 110-11. 
Walden,  155,  242,  251. 
Wallingford,  167, 177, 187. 
Waltham,  70,  333,  339. 
Warner's  Grant,  263,  306,  504. 
Warren,  26,  43,  146,  200,  237,  239, 

258,  317,  333,  374,  378-9,  383. 
Warren's  Gore,  263,  306. 
Washington,  74,  84,  193,  200,  404-5, 

419. 
Washington,  D.  C,  2,  24,  65,  474. 
Waterbury,  1,  36,  64, 109, 159,  205-6, 

229,  244,  253,  282,  391,  500,  504. 
Waterville  and  as  Coit's  Gore,  &c, 

18,  72,  91,  99, 102, 104, 114-15, 118, 

122,  132,  139,  144,  146,  150,  167, 

185,  305,  314,  333,  356,  397,  418. 
Weathersfield,  36, 171, 214,  308,  349, 

356,  384,  500. 
Wells,  125, 132, 184,  194,  218,  241. 
Wenlock,  306,  349. 
West  Fairlee.  28,  88, 125, 127, 131. 
Westfield,  9,  70,  72,  84,  285,  294,  355 

-6,  377,  384,-429. 
Westford,  18,  96, 102-3,  204. 
West  Haven,  81,  88, 189, 195, 198. 
Westminster,  36,  365,  391. 
Westmore,  248. 
Weston.  28,  36,  88,  234. 


General  Index. 


525 


Towns,  Oores,  Ac.  concluded. 

Wheelock,  151. 

Whitehall,  N.  Y.,  217,  499. 

Whiting,  54,  58. 

Whitingham,    64-5,  109,  159,  205, 

253  427. 
Williamst'own,  131, 135, 198, 480, 500. 
Williston,  1,  64, 109, 159,  205,  500. 
Windham,  10,  36, 164, 171, 1£2,  238, 

319,  331,  343,  406. 
Windsor,  79,  81,  140, 171,  232,  239- 

40,  248,  299,  300,  332,  340-41,  343, 

391,  406,  424,  450-51,  481-483,  489- 

90,  500. 
Winhall,  10,  305,  333. 
Wolcott,  185, 188,  256,  262,  286,  314, 

355-6,  384. 
Woodbury,  17, 146,  242,  319-20,  359, 

367,  406. 
Woodford,  105, 173, 218, 241, 338, 374. 
Woodstock,  128,  194,  236,  276,  285, 

345,  360-61,  376,  386,  492,  500. 
Worcester,  10,  36,  50,  55,  68,  250, 

397,418,427. 

Towsley,  Samuel,  10,  25. 

Transportation  Companies,  215, 217, 
226. 

Trask,  Ezra  S.  388. 

Trumbull,  William,  10,  70, 114, 134. 

Tucker,  David,  120;  Elisha,  74, 115; 
Philip  C.  326,  433,  478. 

Tufts,  Daniel,  78, 118. 

Tumas,  Jean  Baptiste,  68,  111,  162. 

Turner,  Hon.  Bates,  294,  296,  304, 
363,  396,  414;  Ralph,  7. 

Turnpikes,  8, 10,  20,  21,  40,  43,  49, 
76-7, 95, 120, 142, 164, 167, 182, 200, 
209,  215,  218,  227-8,  237,  239,  240, 
248,  312,  315,  319,  321  2,  326,  329- 
30,  332-334,  339-40,  348,  365,  368, 
373,  380,  418,  429. 

Tuthill,  John,  173. 

Twambly,  or  Tworably,  William, 
69,  111,  162,  224,  229. 

Twiste,  Stephen,  162, 166. 

Tyler,  President  John,  65. 

Underwood,  Hon.  Abel,  398;  Joshua 

257,  322. 
Union  College,  345. 
University  of  Vermont,  30,  80,  81, 

94,  99,  126,  160,  185-6,  199,  240, 

250,  265,  294,  333,  342-3,  385,  433, 

499. 
U.  S.  Courts  inVermont,200,232,239. 
U.  S.  Senators,   election  of,  123-4, 

212,  400,  455,  471. 


Usury,  168,  404,  436. 

Utley,  John,  69,  111,  162,  209,  272. 

Utter,  William,  347,  408. 

Vail,  Joshua  Y.  40,  51,  55,  91,  98, 
104, 129,  144, 152,  368.  377,  455-6, 
480,  485. 

Van  Buren,  President  Martin,  64-5. 

Van  Ness,  Gov.  Cornelius  P.  19, 
64-5,  67,  109,  111,  159-161,  206, 
212,  447,  479-481,  489-90,  499,  504 
—  Address  of  to  Lafayette,  490  — 
Letter  of  to  Lafayette,  489  — 
Speeches  of,  see  Governors' 
Speeches — note  on,  64;  Hon.  Wil- 
liam P.  64  ;  Hon.  John  P.  65. 

Vasseur,  M.  Le,  490. 

Vermont,  469-70,  481-483,  485,  487, 
489,  491. 

Vermont  Academy  of  Medicine, 
Castleton,  21,  48,  50,  53, 131 ;  Bi- 
ble Society,  351,  353;  and  Canada 
Railroad,  487  ;  Central  Railroad, 
487  ;  Infirmary,  198  ;  and  Massa- 
chusetts Railroad,  487 ;  Mutual 
Fire  Insurance  Company,  1; 
Salt  Manufacturing  Company, 
235  ;  State  Bank,  see  Banks ; 
State  Medical  Society,  86  ;  State 
Papers,  Slade's,  104;  State  Prison 
14, 18,  23, 26,  79, 124, 174,  247,  260, 
269,  284,  315,  318,  320,  322  3,  358, 
365,  377,  381,  406,  412,  419,  465. 

Vevus,  or  Vevas,  John,  9,  77. 

Virginia,  355,  387,  476. 

Vorus,  John,  L.  10,  41. 

Votes,  written  or  printed,  354. 

Votes  for  Governor.  4,  67,  111,  161, 
207,  255,  302,  347,  393. 

Wade,  Edward,  170,  183  ;  Freder- 
ick, 309;  Joshua,  216,  312. 

Wait,  Gen.  Daniel,  225;  Mary,  260. 

Wait's  river,  341. 

Wales,  Hon.  Geo.  E.  3,  4,  59, 66,  68, 
110,  111,  150. 

Walker,  Rev.  Charles,  311, 346, 348; 
Henry  S.  213  ;  Levi,  19,  54,  58; 
Whitfield,  214,  230,  239. 

Waller,  Calvin  C.  99, 138,  179,  226, 
264,  311. 

Walton,  Eliakim  P.  500;  Gen.  Eze- 
kiel  P.  39, 197-8, 201, 225, 480,484. 

War  Department,  application  to 
Secretary  of,  201-2. 

Ward,  William,  171. 

Ware,  Jona.  39,  57— note  on,  503. 


526 


General  Index. 


Warner,   Almon,   302;    Capt.   500; 

Daniel,  227;  Daniel,  jr.  218;  Gen. 

Hiram,  122, 148;  John,  181;  Hon. 

Joseph  of  Sudbury,  senior,  3,  63, 

196-7— notes  on,  196,  503  ;  Hon. 

Joseph  of  Middlebury,  196;  Maj. 

500 ;    Samuel,    428  ;    Col.    Seth, 

504;  Zenas,  10. 
Warren,  Silas,  113. 
Washington  County,  17,  20,  36,  40, 

77, 196,  206,  253,  319-20,  359,  374, 

378-9,  383-4,  391,  405-6,  411,  433, 

480,  483. 
Washington,  President   George, 

488,  497,  500. 
Watchman,  "Vermont,  198. 
Waterman,  Araunah,  5,  171,   193, 

451,  480,  485;  Thomas.  413. 
Waters,  Thomas,  9,  23,  38. 
Watrous,  Mrs.  Erastus,  address  of 

to  Lafayette,  495  ;  Watrous  and 

Worthington,  479. 
Watson,  Clark,  9,  72;  Elkanah,  482 

-3,  485-6. 
Watts,  Lyman,  413,  421. 
Way,  James,  177,  184. 
Weare,  Richard,  369. 
Weatherby,  David,  69,  111. 
Webb,  Azariah,  9,  76,  82,  122,  140, 

167,  315. 
Webster,  Hon.  Daniel,  140, 155, 193, 

445,  490;  Jacob,  60,  114. 
Weed,  William,  355,  361. 
Weeks.  Joseph,  137,  167,  179,  400, 

413. 
Welch,  Edward,  162,  209,  257,  309, 

414;  Jacob,  122, 167. 
Weld,  Luther,  311,  325,  368. 
Weller,  Daniel,  169;  Diana,  193. 
Wellington,  Lyman,   see   Huntley, 

Lyman. 
Wellman,  Daniel,  222;  Suel,  220. 
Wells  river,  61,  341,  466,  480,  482. 
Weston,  James,  170,  209,  270,  313. 
West  river,  94,  101,   131,  150,  213, 

216,  238,  257,  268,  279,  286,  370. 
Weatherbee,  David,  163. 
Weatherby,  George,  500. 
Wetherell,  Israel,  243. 
Wetmore,  Hon.  Seth,  1,  3,  4,  8,  22, 

34,  38,  43,  45, 48-9,  54, 58,  63-4,  66- 

7,  90,  108-111,  116,  121,  158-161, 

165,  203,  205-207,  213,  252,  255, 

259,  289-90,  298-9,  301-303,  307, 

344— notes  on,  289-90,  504. 
Weymouth,  George,  176, 178. 
Wharves  and  store-houses,  188, 198, 


230,  238,  248,  257,  261,  266,  270 
272,  292,  296. 

Wheatley,  Nathaniel,  jr.  99, 102. 

Wheeler,  George,  9, 16,  77,  79,  82 
Horace,  77, 113  ;  Rev.  John,  186 
Solomon,  113;  Solomon  P.  15, 163 
Sylvester,  69. 

Whiley,  R.  21. 

Whipple,  Commodore  Abraham  — 
503;  Azariah,  167;  John,  70. 

Whitcomb,  James,  326. 

White,  Frederick,  78, 95, 98;  Hiram, 
261,  322  ;  Nathan,  306,  376,  409  ; 
Seneca,  87. 

Whitelaw,  Gen.  James,  41,  46, 189. 

White  river,  128,  242,  261,  351,  360, 
371,  373,  482. 

Whitlock,  Salmon,  359. 

Whitman,  Alexander,  111  ;  Will- 
iams, 122. 

Whitney,  Israel,  134,  167,  202;  Jo- 
nas jr.  144,  167,  183;  Lemuel,  3, 
19. 

Whittemore,  Charles,  413. 

Wicker,  Charles  F.  167, 184;  Pliny, 
164, 166, 178, 182, 184. 

Wiggins,  Col.  Joseph,  500. 

Wightman,  Alexander,  162, 224, 271. 

Wilcox,  Daniel,  76,  115  ;  Russell 
Lamb,  324,  335. 

Wilder,  Ebenezer,  72. 

Wilkinson,  Reuben,  jr.  189, 198. 

Willard,  Aaron,  351;  Gilman,  215, 
217,  227,  234,  242. 

Willes.  Amherst,  270,  322. 

Williams,  Gov.  Charles  K  11, 19, 46, 
72, 122, 128, 132, 157, 170, 174. 294, 
335,  358,  410;  George,  369,  407; 
Henry,  322.  369,  486;  Jesse,  120; 
Hon.  Norman,  31,  68,  111,  140, 
152,  161,  182,  190,  207,  255,  302, 
347,  393;  T.  304;  Thomas,  9,  23, 
47,  77, 114, 163,  347, 406;  William, 
18,  74;  William  H.  164. 

Wilmot,  Timothy,  86,  88,  90. 

Wilson,  Jane  Ann,  219,  229,  237; 
John,  9, 19,  38;  Robert,  266;  Za- 
dock,  405. 

Windham  County,  34,  36,  38,  44-5, 
47,  55,  66,  106, 139,  150, 186,  195, 
301,  384,  433. 

Windsor  County,  2,  28,  36,  39,  80, 
98, 185,  300,  360,  384,  433. 

Winooski  river,  see  Onion  river. 

Winslow,  Calvin,  47,  57,  480,  500. 

Wiswall.  Samuel  jr.  267. 

Witherell,  Daniel,  322,  369. 


General  Index. 


527 


Wood,  Josiah,  409  ;   Josiah  jr.  72  ; 

Park,  18. 
Woodbridge,  Hon.  Enoch  D.  30. 
Woodman,  Rev.  Jonathan,  264,  302- 

3. 
Woodruff,  Edward,  115. 
Woods,  John  L.  171,  451,  480. 
Woodward,  Jeptha,  369,  417. 
Work-houses,  33. 
Worthington,   Hon.  George,  253, 

255, 259,  298-9/301-2,  307,  344-347, 

350,390-393,  396,  434,  480  — note 

on,  253. 
Wright,  Abijah,  70, 114, 260;  Abijah 


W.  142;  Rev.  Chester,  412;  John, 
73. 

Yeas  and  Nays,  5,  7,  15-17,  19,  23, 
33-4,  38,  44,  52,  54,  57-8,  70,  73-4, 
77,  82-3,  93,  162-3,  166,  191,  233, 
239,  249,  262,  269,  273.  309,  311, 
313,  315-323,  327-329,  332,  334-5, 
347-349,  357,  359,  361-2,  364,  366- 
7,  369,  372-3,  402-3,  405-410,  412, 
414-417,  424,  430. 

York,  Gil  man,  17. 

Young,  Alexander,  195  ;  Joab,  164, 
170  ;  Henry  and  John,  239  ;  Na- 
than, 312,  349. 


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