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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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