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

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RECORDS 



OF THE 



GOVERNOR and COUNCIL 



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 10 th 
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 M r - 
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 com ee 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 M r - 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 M r - 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 M r - 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 M r Wetmore, and took his seat. 

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

" In Gen l 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 Gen 1 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. W m " 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 com ee with the House, elected a 
chaplain, after which they returned to their chamber. 1 

A message was received from the House by M r - 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 W m - 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 M r - 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 M r - 
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 M r - Wetmore, Ordered, that said petition be dismissed. The 
Petition of Leonard Carless [Corliss,] for pardon, was taken up and 
read — whereupon, on motion of M r - 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 Sam 1 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 M r - Stanley, Or- 
dered, that said Petition be dismissed. The Petition of John Conant, 
for pardon, was taken up & read — whereupon, on motion of M r - 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 M r - Dana of C. Ordered, 
that said petition be dismissed. The Petition of Sam 1 Dolloff, for par- 
don, was taken up & read — whereupon, on motion of M r - 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. 

M r - Phelps introduced the following resolution, to wit: Besolved, that 
a com ee 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 M r - Phelps appointed on the part of the Council. 

The Petition of Reuben Dike, for pardon, was taken up and read- 
whereupon, on motion of M r - 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 M r - 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 M r - Stanley, Ordered, 
that said petition be dismissed. The Petition of Rufus H. Green, for 
pardon, was taken up & read — whereupon, on motion of M r 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 M r - Wetmore, Ordered, that said 
petition be dismissed. The Petition of James Harvey, for pardon, was 
taken up & read — whereupon, on motion of M r - Wetmore, Ordered, that 
said petition be dismissed. The Petition of Allen Howard, for pardon, 
was taken up & read — whereupon, on motion of M r 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, & W m - 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 M r - 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 M r - 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 M r - 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. 
M r - 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 M r 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. 

M r - 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 Gen l 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 M r - 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 com ee 
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 Gen l 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 Com ee of Ways & Means. 
A committee of 4 denominated the Military Com ee - A committee of 4 
denominated the Judiciary Com ee - A committee of 4 denominated the 
Com ee of Claims. A committee of 4 denominated the Turnpike Com ee - 
A committee of 4 denominated the Com ee of Insolvency. A committee 
of 4 denominated the Com ee of Manufactures. A committee of 4 de- 
nominated the Com ee of Agriculture. A committee of 4 denominated 
the Land tax Coru ee - A committee of 4 denominated the Com ee of New 
Trials. Whereupon, Besolved to join in the appointment of said Com- 
mittees — and M r - Dana of O. was appointed on the Com ee of Ways & 
Means. M r - Berry was appointed on the Military Com ee - M r - Wetmore 
was appointed on the Judiciary Cona ee - M r - Stanley was appointed on 
the Com ee of Claims. The Lt. Gov. was appointed on the Turnpike 
Com ee - M r - Dana of C. was appointed on the Com ee of Insolvency. M r - 
Judd was appointed on the Com ee of Manufactures. M r - Chittenden was 
appointed on the Com ee of Agriculture. M r - Hatch was appointed on the 
Land tax Com ee - M r - Phelps was appointed on the Com ee of New Trials. 

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

" In Gen l 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 referred 1 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 Com ee 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. 

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 — W m - 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 M r - 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 M r - 
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 M r - 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 M r ' 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. 

M r - 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 M r - 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, Ass 4 - Judge of the Supreme 
Court, with an order of the House thereon that the same be referred to 
a Com ee of 4 to join from Council — whereupon, Resolved to concur in 
said order of reference — and M r - 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 Jon a - 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 Com ee 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 — Jon a - Dike 
— Zenas Warner — Noah D. Hart — Walter Sessions & Sam 1 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 M r - 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 M r - 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 M r Wetmore was appointed from Council. 

Received the Petition of W ra - 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 M r 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 
M r - 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 & Jon a> 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 
M r - 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 com ee 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 M r - 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 M r - 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 M r - Wet- 
more was appointed from Council. 

The House sent up the following resolution for concurrence, to wit: 
"In Gen l 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 Gen l 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 M r - Dana of Caledo- 
nia was appointed from Council. 

The House sent up the following resolution for concurrence, to wit: 
" In Gen l 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 M r - Stanley was appointed from Council. 

The House sent up the following resolution for concurrence, to wit: 
" In Gen l 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 M r - Dana of Orange was appointed 
from Council. 

The House sent up the following resolution for concurrence, to wit: 
" In Gen l 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 Gen l 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 Gen l 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 Gen l 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 Gen l 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 
Com ee 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 Com ee 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 Gen l Assembly Oct. 15, 1822. Eesolved, the Gov. & Council con- 
curring herein, that His Excellency the Gov. be requested to appoint 
Thursday the 5 th 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 M r - 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 M r - 
Phelps appointed in his stead. 

The House sent up the following resolution for concurrence, to wit: 
" In Gen l 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 Rep 8 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 Com ee of New 
Trials to consider & report thereon — whereupon, Resolved to concur in 
said order of reference — and on motion, Ordered, that M r - Phelps be ex- 
cused from serving on said committee during the hearing of this peti- 
tion; and M r - 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 M r - Stanley appointed in his stead. 

The House sent up the following resolution for concurrence, to wit: 
" In Gen l 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 Jon a - 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 Com ee 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 M r 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 M r 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 M r 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 M r 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 M r - 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 M r 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 M r - 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. 

M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - Wetmore, Ordered, that said 
petition be dismissed. The petition of William Johnson, for pardon, was 
taken up & read — whereupon, on motion of M r - 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 M r - 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 M r - 
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 M r 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 W m - A. Griswold disallowed by the Auditor of Acc te - 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 M r - 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 M r - 
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 M r - 
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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 Adm r - 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 Gen 1 - which was read — whereupon, on motion of M r - 
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 — M r - Pratt voted in the negative. Whereupon, on 
motion of M r 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 M r - 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 M r - 
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 M r - 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 M r - 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 M r - 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 adm r - 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 Com ee 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 M r - 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 Gen l Assembly Oct. 18, 1822. Resolved, that the committee 
raised on the resolution of M r - 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 M r - 
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. Gen 1 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. 

Adj d 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 Gen l Assembly Oct. 19, 1822. Resolved, that the committee 
raised on the resolution introduced by M r 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. 

M r - 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 Gen l 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 Gen l 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 s d 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 M r - 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 M r - Wetmore, Ordered, that said petition be 
dismissed. The petition of Thomas Williams, for pardon, was taken up 
and read — whereupon, on motion of M r - Phelps, Ordered, that said peti- 
tion be dismissed. The petition of Ira Harrington, for pardon, was 
taken up and read— whereupon, on motion of M r - Wetmore, Ordered, 
that said petition be dismissed. 

M r - 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 Gen l 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 Gen l Assembly Oct. 21. Resolved, that the committee raised on 
M r - 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 Gen l 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 Gen l 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 Gen l 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 M r - Phelps was appointed from Coun- 
cil. 

The House sent up the following resolution for concurrence, to wit: 
" In Gen l 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 M r - 
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 M r - 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 M r - 
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 M r - 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 Com ee 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. M r - 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 Gen l 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 Gen l 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 Gen l 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. 

M r - 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 o 2 clock 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 Gen l 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 Gen l 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 Gen l 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 Gen l Assembly Oct. 22, 1822. Resolved, that the Military Com- 
mittee be instructed to inquire into the expediency of so altering the 
13 th 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 M r - 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. M r - Pratt moved an amendment by inserting the 
word " dollars " after the word " thousand n in the 4 th 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. 

M r - Stanley called up the petition of the officers & soldiers of the 9 th 
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 Gen 1 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 M r - 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 Gen l Assembly Oct. 23, 1822. Resolved, that the Judiciary Com- 
mittee be instructed to enquire into the expediency of passing an act 
explanatory of the 48 th 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 M r - 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 M r - 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 M r 
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. 

M r - 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 M r - 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 M r - 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. M r - 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 4 th Division, and a Brig. General in the 
3 d 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 Gen l 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 19 th 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 Gen l 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.— M r - 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. 

M r - 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 2 d Reg*- 1 Brig. & 2 d 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 M r Wetmore, Resolved to non concur in passing this bill, 
and M r - 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 afores d » 
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. M r - 
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 M r - 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. M r - 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. 

M r - 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 Gen l 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 Gen l 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 M r - 
Wetmore proposed an amendment to said bill, which was adopted. 
Whereupon, Resolved to concur in passing said bill with the proposed 
amendment, and M r - 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 M r - 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. M r - 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. 

M r - 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 M r - 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. 

M r - Berry reported the following reasons for non concurring in pass- 
ing the bill entitled u An 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. 

M r - 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. 

M r - Wetmore, from the committee to whom was referred the Resolu- 
tion from the House of the 22 d 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. 

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

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

M r - Pratt was discharged from the committee to whom was referred 
the petition of John Reed ; and M r - Dana of Cal. was appointed in his 
stead. M r - Pratt was discharged from the committee to whom was re- 
ferred the petitions of Jonathan Huntley, and Lyman Wellington; and 
M r - 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 M r - 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 Gen 1 - 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 Com ee 
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 Gen 1 - 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 3 d Reg 1 - in the 1 
Brig. & 4 Div. of Vermont Militia," which was read and committed to 
M r - 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 p r 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 — M r - 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 M r - 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. M r - Phelps proposed an 
amendment to said bill, which was adopted — whereupon, Resolved to 
concur in passing said bill with the proposed amendment. M r - 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 afores d to the House, and request their 
concurrence. 

M r - 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 M r 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 afores d ' 
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 M r 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 M r - Wetmore, Ordered, that said petition be 
dismissed. The petition of David O. Gould, for pardon, was taken up 
and read— whereupon, on motion of M r - Dana of O. Ordered, that said 
petition be dismissed. 

On motion of M r - 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. 

M r - 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 Gen 1 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 afores d > to 
the House of Representatives. 

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

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

Resolved, the Gen 1 Assembly concurring herein, that the Gov. & Coun- 
cil will meet the Gen 1 Assembly in the representatives' room, in joint 
committee, on the 29 th day of October inst. at two o'clock in the after- 
noon, for the purpose of electing a Brig. Gen 1 in the 1 Brig. & 4 Div. of 
militia, to supply the vacancy occasioned by the promotion of Gen 1 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. M r - 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 M r - 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. M r - 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 Jon a - Ware, which was read, & 
committed to M r - 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 29 th Oct. inst. to meet in joint com ee for the' purpose 



Governor and Council — October 1822. 41 

of electing a Brig. Gen 1 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 Comm ee 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 Gen l 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 M r - 
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 Gen l Assembly Oct. 
29, 1822. Resolved, the Gov. & Council concurring herein, that the 
comm ee appointed in pursuance of the resolution introduced by M r - 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 Comm ee of Ways & Means. 
Whereupon, Resolved to concur in said order. 

The House sent up the following resolution for concurrence, to wit: 
"In Gen l 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 Gen l Assembly Oct. 29, 1822. Besolved, the Gov. & Council con- 
curring herein, that the Judiciary Comm ee 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 Gen l 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. 
M r - Butler & M r - 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 M r - 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 2 d Bellows Falls Aqueduct Company," which 
was read. M r - 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 M r - 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 M r - 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 M r - 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. 

M r - Phelps, from the Comm ee 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. M r 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. 

M r - Berry, from the committee to whom was referred the petition of 
the officers & soldiers of the 9 th 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. 
M r - 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 M r - 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 M r - 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. 
M r - 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 M r - 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 Gen l 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. M r - 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." M r 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. M r - 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. M r - 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 M r - 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. 

M r - 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 afors d > 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. 

M r 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 Gen 1 As- 
sembly," to wit : " The Gov. & C. have, in their non concurrence 
of s d - 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 afores d > to the House, and request their 
concurrence. 

Rec d - 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 Comm ee - 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. M r 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 Gen l 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 Brig r Gen 1 to fill 
the vacancy occasioned by the resignation of Brig. Gen 1 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 p r acre on the town of Kellyvale " [Lowell,] which was read, & 
committed to M r - 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 M r - Judd, Ordered that said petition be dismissed. 

M r - 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 M r - 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.— M r - 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. 
M r - 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. Gen 1 — 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 Gen l 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 M r - Phelps was appointed from Council. 

Rec d - 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 ref d - to the Com ee 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 comm ee 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 M r - 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. M r - 
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. M r - 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 M r Hatch, the vote dismissing the petition of Thomas 
Williams, for pardon, was reconsidered. The petition was again read & 
considered. Whereupon, on motion of M r - 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 Gen l Assembly Nov. 2, 1822. Besolved, the Gov. & Council con- 
curring herein, that the Comm ee 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 Gen l Assembly Nov. 2, 1822. Besolved, the Gov. & Council con- 
curring herein, that the Comm ee 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. M r - 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 afores d > 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 M r - 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 l 8t > 2 d & 4 th amendments proposed by the Gov. & 
Council to said .bill, and have non concurred in the 3 d > 5 th & 6 th — and M r - 
Haight having assigned the reasons of the House, withdrew. Where- 
upon, on motion of M r - Butler, Resolved, that the Council do rescind the 
said 3 d - 5 th & 6 th 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. 

M r - Wetmore introduced the following resolution, to wit : " In 
Council Nov. 4, 1822. Resolved, the Hon. House of Reps 8 concurring 
herein, that the Judiciary Comm ee 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 adm rs 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 M r - 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 Gen 1 to issue an order 
accordingly. 

M r - 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 M r - 
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 p r - 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 Gen l 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 M r - Wet- 
more to consider & report thereon. 

M r - 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 M r - Berry, Resolved to non concur in passing this 
bill. M r - Berry was appointed to report reasons. Also, tk An act re- 
pealing an act therein mentioned," which was again read. Whereupon, 



Governor and Council — November 1822. 51 

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

M r - 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 M r - 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 Gen l 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 Gen l 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 M r - 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. M r - 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. 

M r - 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 afores d > 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. 

M r - Chittenden introduced the following resolution, to wit : "In 
Council Nov. 6, 1822. Besolved, that his Excellency be requested to 
appoint the 2 d 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. 

M r - 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. M r - Phelps withdrew the resolution 
introduced by him on this subject on the 19. ultimo. 

M r - 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. 
M r - Hatch moved to reconsider the vote annexing Chelsea &c. to the 3 d - 
district. M r - Wetmore moved to include also a reconsideration of the 
vote annexing Pawlet &c. to the 2 d - distiict. M r - 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 M r - 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. 

M r - 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. 

M r - 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 M r - 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. 

M r - 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 Gen l 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 M r - 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. 

M r - 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 M r - 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 M r - 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 M r - Butler, Resolved to non concur 
in passing this bill — and M r - 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 M r - 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 M r - 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. 

M r - 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. M r - 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 M r - 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 M r - Judd to consider & 
report thereon. Also, "An act to incorporate the Beneficent Society in 
Middlebury College," which was read, & committed to M r - 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 M r - 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 Gen l 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 M r - 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 M r Arnold hav- 
ing assigned the reasons of the House, withdrew. M r - 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. M r 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 M r - 
Judd to consider & report thereon. 

M r 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. . M r - 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 M r - 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 M r 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 afores d » to the 
House, & request their concurrence. 

M r - 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 afores d > 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. 

M r - 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 M r - 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 comm ee on the petition of Jer. French. 
Whereupon, Resolved to concur in said order. 

M r - 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. • 

M r - 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. M r 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 6 th 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 afores d « to 
the House, & request their concurrence. 

A message was received from the House, by M r - 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 M r 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 u 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, & 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. 

M r - 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 
M r - 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 M r - 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 
4 th 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 11 th 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 4 th 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 11 th 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 J after 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 M r - 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 Gen l 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 M r - 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 M r - 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 
M r - 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 M r - 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 Gen l 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: 
u t In Gen l 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, u An 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 M r - 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. " M r - 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 Rep 8 - & 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 M r - 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 M r - 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 M r - 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 Reps 8 - 
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 Gen l 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 Gen l 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 M r - 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. 




M r . 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 


M r - 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 


M r 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, Eben r - [Eben] W. Judd, Joel Pratt, Jabez 
Proctor, Timothy Stanley & Seth Wetmore, Councillors. 

A message was received from the House of Representatives by M r - 
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 M r - 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 Gov r - 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 M r - 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 Gov r - 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 Gov r . Lieut. Gov r - 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 10 th > 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 M r - 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 Gov r - 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. 10 th 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 M r 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 rec d - 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 M r Stanley, dismissed. The petition of Robert Blanchard was 
taken up, read and on m°- of M r - Butler, dismissed. The petition of 
Daniel Butler was taken up, read and on m°- of M r - 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 11 th ' 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 

M r - 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 M r - 
Butler was appointed on the Committee of ways and means, M r - Berry 
was appointed on the Military Committee, M r - Wetmore was appointed 
on tlie Judiciary Conniiiltee, M r - Stanley was appointed on the Commit- 
tee of Claims, The Lieut. Governor was appointed on the Turnpike Com- 
mittee, M r Dana of C. was appointed on the Committee of Insolvency, 



70 Governor and Council — October 1823. 

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



Monday October 13 th - 1823. Nine Oclock A. M. 
The Governor and Council met agreeably to adjournment. 
M r - 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 14 th ' 1823. 9 o'clock A. M. 

The Governor and Council met agreeably to adjournment. 

M r - 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. M r - Dana of O. was 
appointed on the General Committee. M r - 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 M r - 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 M r 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 M r - 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 M r - 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 
M r Butler was appointed from Council. 

Received the Petitions of Sylvanus Sayre, of Daniel Elliot, of Clark 
Watson, of John Lanks 3 d » 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 M r 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 M r - 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 J r - 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 M r - 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 2 d Company of Cavalry an- 
nexed to the 1 st Brigade and 2 d Division of the militia, of Abel Lyman, 
of Henry Thomas and others, of John Wright and others, of Jonathan 
Baker Jun r « 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 13 th » 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 13 th > 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 M n 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. 

Rec d - 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 15 lh > 1823. 9 Oclock A. M. 

The Governor and Council met pursuant to adjournment. M r - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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 M r - Stanley was appointed from Council. 

Rec d - 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 M r - Dana of O. was appointed from Council. 

Rec d - the following resolution for concurrence to wit : "In General As- 
sembly October 14 th - 1823. Resolved that his Excellency the Governor 
be requested to appoint thursday the 4 th 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. 

Rec d - the following resolution for concurrence to wit : " In General 
Assembly Oct r - 14 th » 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. 

Rec d - the following resolution for concurrence, to wit : " In General 
Assembly October 14 th ' 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. 

Rec d - from the House the following resolution for concurrence to wit : 
"In General Assembly Oct r - 11 th ' 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. 

Rec d - from the House the following resolution for concurrence to wit : 
" In General Assembly October 11 th ' 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 M r - 
Langdon was appointed from Council. 

Rec d - 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. 

Rec d - 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 M r - 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 M r - 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 16 th » 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 M r - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d the Petitions of Adonijah B. Rodgers and others, of Lemuel 
Curtis and others, of the officers of Cavalry in the 2 d Brigade and 3 d 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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 M r - Proctor was 
appointed from Council. 

Rec d - 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. 

Rec d - from the House the following resolution for concurrence to wit: 
"In General Assembly October 15 th » 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. 

Rec d - from the House the following resolution for concurrence to wit : 
"In General Assembly October 15 th ' 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 M r - 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 M r - 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. Gov r - Messrs. Berry, Butler, Chittenden, 
Dana of C. Holley, Langdon, Pratt, Proctor, Stanley and Wetmore. 
Those who voted in the negative are M r - 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 16 th - 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 17 th - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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 16 th > 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 16 th > 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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 M r - Holley was appointed from Council. 

Rec d - 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. Gov r - was appointed from Council. 

Rec d - 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 
M r - Langdon is appointed from Council. 

Rec d - 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 15 th - 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 M r - Dana of O. is appointed 
from Council. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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 Nov r - 6 th > 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 18 th ' 1823. 9 o'clock A. M. 
The Lieut. Gov r - and Council met pursuant to adjournment. The 
House sent up the following resolution for concurrence to wit: "In Gen- 
eral Assembly October 16 th » 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 17 th ' 1823. Resolved, the Gov r - 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 M r - 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 Nov r - S th » 
1822," which was read, whereupon resolved to concur in passing this bill. 
Ordered that the Sec'y inform the House accordingly. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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. * 

Rec d - 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 6 th 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 20 th > 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - from the House "An act to repeal the providing clause in an act 
passed Nov 1 "- 6 th - 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 18 th ' 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 15 th Nov r - 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 Gov r - & 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 18 th - 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 18 th ' 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 18 th ' 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 M r - 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. M r 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. M r 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 21 8t > 1823. 9 Oclock A. M. 

The Governor and Council met pursuant to adjournment. Rec d - 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 M r - 
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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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 20 th - 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 M r - Dana 
of O. was appointed from Council. 

Rec d - from the House the following resolution for concurrence to wit, 
" In General Assembly October 20 th > 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 20 th - 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. 

Rec d - 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. 

M r - 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. 

Rec d - 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. 

M r - 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. M r - 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 M r - Wetmore was appointed to assign reasons to the 
House. 



84 Governor and Council — October 1823. 

Rec d - from the House for revision and concurrence &c. the bill entitled 
"An act to repeal the providing clause in an act passed Nov r - 6 th ' 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 2 d - Company of Cavalry 
in the l 8t Brigade 2 d - Division of the militia of this state to the 2 d - 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 28 th » 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 22 d » 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 2 d - Brigade and 2 d . 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. 

Rec d - 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 M r - Wetmore proposed amendments to the same which 
were adopted and M r - Wetmore was appointed to assign reasons to the 
House for said amendments. 

Rec d - 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 10 th ' 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. 

Rec d - 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. Rec d - 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. 

Rec d - 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 M r - 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. 

Rec d - 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 6 th » 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 3 d > 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 Gen 1 - 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 2 d - Brigade in the 2 d - 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 u An 
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. 

Rec d - 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 Gen 1 - 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 22 d ' 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 22 d - 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. Rec d - 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 24 th - 1823. 9 Oclock A. M. 

The Governor and Council met pursuant to adjournment. On motion 
of M r - 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. 

Rec d - 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. 

Rec d - 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. 

Rec d - 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, 
u In 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 M r - 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 Oct 1 - 23 d > 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 rec d - 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 Gov r - and Council 
and the Gov r - and Council resolved to concur in passing said bill with 
said amendments and M r - Wetmore was appointed to assign reasons to 
the House. 

M r - 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. 

Rec d - from the House the communication of his excellency the Gov r - 
of the 22 d - 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 M r - Langdon is appointed from Council. Adjourned to 2 Oclock 
P.M. 

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

Rec d - 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 M r - Wetmore the same was amended and ordered to lie on the 
table. Adjourned to 9 Oclock to morrow morning. 



Saturday October 25 th > 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 M r - Langdon moved an 
amendment to the same which was adopted, whereupon resolved to con- 
cur in passing this bill with said proposed amendment and M r - 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 Nov r - 10 th * 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 M r - Wetmore was appointed to assign reasons to the 
House. 

Rec d - 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." 

M r - 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, "l 8t - 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. 2 d - 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. 

Rec d - 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 3 d - 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 24 th ' 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 M r - 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 Nov 1 - ll tb ' 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. 

M r - 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. 

Rec d - 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 25 th - 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. 

Rec d - 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 25 th ' 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 28 th > 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 Jun r - 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. 

Rec d - 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 rec d - from the House, by M r - 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 M r - Wetmore, 
voted to rescind from the 2 d - proposed amendment, and the bill was com- 
mitted to M r - 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 27 th > 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- 
solv d to concur in passing this resolution. 

The House sent up the following resolution for concurrence to wit, 
"In General Assembly October 27 th ' 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." M r - 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 M r - 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. 

M r - 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. " M r - 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." 

Rec d - from the House the following resolution to wit, " In General 
Assembly October 28 th - 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 Oct r - 21 st - 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 M r - 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 30 th - 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 Gen 1 - 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 M r - 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 10 th ' 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. 

Rec d - 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 Nov r - 10 th ' 1818," which was read and adopted and 
the Sec^- was ordered to return said bill and reasons to the House. 

Rec d - 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 M r - 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? 6 th - 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 M r - 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 30 th - 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 M r - 
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 Oct r - 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 M r - 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. 

Rec d - 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 M r 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 31 st - 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 
M r - Dana of O. was appointed from Council. 

Received from the House the following resolution to wit, " In General 
Assembly October 30 th > 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 M r 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 M r - 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 Nov r - 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 31 8t ' 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 16 th « 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 Nov 1 "- 8 th - 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. 

Rec d - 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 Nov r - 12 th - 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 M r - 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 2 d - proposed amendment, and after assigning the reasons of the 
house he withdrew. Whereupon the Governor and Council resolved to 
rescind from their 2 d - 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 M r - 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 ]STov r - 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 M r - Farnsworth of the 
15 th 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 25 th » 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 M r - 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. 

Rec d - 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 Gov r - 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 Nov r - 4 th » 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 rec d - from the House by M r - 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 M r - Wetmore is appointed to assign reasons to 
the House. 

A message was rec d - from the House by M r - 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. 

Rec d - 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. 

Rec d - 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 Nov 1 - 5 th - 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 Jun r - 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 

Rec d - 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 Nov r - 4 th > 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 M r - 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 M r - 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 28 th > 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*- 6 th ' 1823*. 9 Oclock A. M. 

• 

The Governor and Council met pursuant to adjournment. Rec d - 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 M r - 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 25 th ' 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 M r - 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 24 th » 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 Jun r - 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- 5 th ' 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 2 d 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 2 d - 
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 rec d - from the House by M r - Elliot, one of its members, 
informing that the House had concurred in all the amendments pro- 
posed by the Gov r - 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 rec d - from the House by M r - 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 M r - 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 Kov r - 16 th - 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 rec d - 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 M r - Langdon reported reasons which were 
adopted as the reasons of the Gov 1- - and Council, and the Secretary was 
ordered to return said bill and reasons to the House. Adjourned to 7 
Oclock to morrow morning. 



Friday Nov r - 7 th > 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 M r - 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 M r 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 a 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 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 M r - 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 




M r Judd 


60 


$7.20 


2 


$3. 


$10.20 


Lieut. Gov r - Leland 


80 


9.60 


30 


120. 


129.60 


M r - 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 rec d - 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 M r - 
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 M r - 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 
Gov r » 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. M r - Stanley appeared in the Council Chamber and took his 
seat. 

A message was received from the House by M r - 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, Oct r - 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 15 th - 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 M r - 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 M r - Wetmore, Ordered to be dismissed. The petition 
of David Wealherby, for pardon, was taken up, and on motion of M r - 
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 M r 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. 

M r Wetmore, was ordered to be dismissed. The petition of Benuel K. 
Stevens was taken up, and on motion of M r - Roberts, was ordered to be 
dismissed. The petition of Henry L. Stevens, for pardon, was taken 
up, and on motion of M r - Wetmore, was ordered to be dismissed. The 
petition of Lemuel Scott, for pardon, was taken up, and on motion of 
M r - 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 M r - Holley, ordered to be dismissed. The 
petition of William H. Nichols, for pardon, was taken up and on motion 
of M r - Wetmore, ordered to be dismissed. The petition of David Nor- 
ris, for pardon, was taken up and on motion of M r - 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 M r - 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 M r Wetmore, 
ordered to be dismissed. The petition of William Gary, for par- 
don was taken up and on motion of M r - Dana of C. ordered to be dis- 
missed. The petition of Thomas Gilbert for pardon, was taken up and 
on motion of M r - 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 M r - 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 M r Butler, ordered to be dismissed. 
The petitions of Samuel Dolloff and Richard Collins for pardon, were 
severally taken up and on motion of M r - 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 M r Wetmore, ordered to be 
dismissed. The petition of William E. Bradish, for pardon, was taken 
up, and on motion of ^i r - 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 16 th - 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 M r - 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 M r - Langdon, ordered to be 
dismissed. The petition of William W. Noble for pardon was taken up 
and on motion of M r - Stanley, ordered to be dismissed. The petition of 
Solomon Wheeler for pardon was taken up and on motion of M r - 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 M r - 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 M r - 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 M r - 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 M r: 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 M r - Dana of O. ordered to be dismissed. The petition of Jeremiah 
McGee for pardon was taken up and on motion of M r 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 M r - 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 Jun r -> 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 Jun r » 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 M r - 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 M r - 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 M r - 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 M r 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 
M r - Olin of the 16 th 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 M r - 
Butler was appointed on the Committee of Ways and Means — M r - Holley 
was appointed on the Military Committee — M r Wetmore was appointed 
on the Judiciary Committee — the Lieut. Governor was appointed on the 
Committee of Claims— M r - Roberts was appointed on the Turnpike Com- 
mittee — M r - Dana of C. was appointed on the Committee of Insolvency 
— M r - Proctor was appointed on the Committee of Manufactures — M r - 
Chittenden was appointed on the Committee of agriculture — M r - Berry 
was appointed on the Land tax Committee— M r - Langdon was appointed 
on the Committee of New Trials — M r - Dana of O. was appointed on the 
General Committee — M r - 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 M r - 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 Oct r - 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 Oct r - 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. 

M r - 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 M r - 
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 M r - 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 M r - 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 M r - 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 
M r - Stanley is appointed from Council. 

The House sent up the following resolution for concurrence to wit, 
u In 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, u In General Assembly Oct r - 
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 M r - 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 M r - 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 M r - 
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 M r - 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 M r - 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 M r 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 Oct r - 
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. M r - 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 M c Donald 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 M r - 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 M r - 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 M r - 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 M r 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 M r 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 22 d - 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 M r - 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 
M r - 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 M r - 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 u An 
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 Oct r - 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 M r - Merrill is appointed from Council. Also The petition 
of Samuel Brooks Jun r - 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 M r - 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 Oct r - 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 3 d ' 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 Jun r - 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 3 d - Reg- 
iment in the first Brigade and 2 d - Division annexed to the 2 d - Brigade in 
the first Division, was called up, read and on motion of M r - 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 3 d - Brigade and 3 d - 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. Nov r > 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 M r - 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 M r - Wetmore, voted to reconsider the vote concurring in the resolu- 
tion appointing thursday the 2 d - day of December next as a day of 
thanksgiving — and on motion of M r - Wetmore the resolution was 
amended; whereupon resolved to concur in passing this resolution with 
said amendments and M r - 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 Oct r - 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 2 d - 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 Oct r - 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 M r - 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 M r - Berry the same was referred to a Committee of two ; 
and Messrs. Berry and Butler was [were] appointed said Committee. 

M r - 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. M r - 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 M r - 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. 

Rec d - 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 22 d ult. introduced into the House by M r - 
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 M r 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 Oct r - 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 
M r - Chittenden is appointed from Council. Also The petition of Asa 
Dodge Jun r - 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 u An 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 M r - 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. 

M r - 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 M r - 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. Rec d - 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 M r - 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. 

M r - 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. 

M r - 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 a An 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 M r - 
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," 

l The 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 Nov r - 2 d > 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. 

M r - 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. M r - 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 M r - 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 M r - Berry is appointed from Council. 

The House sent up the resolution of the 22 d of October last introduced 
by M r - 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 M r - 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 M r - 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 M r - 
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 M r - 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 M r - Merrill is appointed from Council. 

On motion of M r - 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 3 d - 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. Rec d - 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 M r - 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 Gen 1 - Committee; whereupon resolved 
to concur in said order of reference. Also " An act repealing an act 
passed Nov r - 6 th > 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 Nov r - 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 Jun r - 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. Gov r - 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 Nov r - 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 Nov r - 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 Nov r - 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 rec d - 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. M r - 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 Jun r - 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 Nov 1 "- 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 Nov 1- - 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 Nov r - 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, a An act in addition to an act to exempt the Hartford Manufacturing 
Company from assessment or taxes, passed Nov r - 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 M r * 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 Jun r - 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 M r - 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 3 d - Divisions, and Brigadier 
General of the 2 d - Brigade and 4 th - 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 M r - 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 6 th - instant, introduced by 
M r - 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 M r - 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 2 d - 
and 3 d - divisions and a Brigadier General of the 2 d - Brigade and 4 th - 



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. M r - Merrill, to whom was referred the resolution of the 9 th 
instant, introduced by M r - Roberts, made report of a resolution and bill 
accompanying the same, which were read and ordered to lye on the 
table. 

M r - 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 M r - Holley is appointed to assign reasons to the House. 

On motion of M r - 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 2 d - Division, to fill the vacancy occasioned by the promo- 
tion of Gen. Hopkins, and a Brigadier General of the first Brigade in the 
3 d - 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 Nov r - 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 M r - 
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 M r - 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 M r - 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 M r - Wetmore was appointed to assign reasons to 
the House. 

A message was received from the House by M r - 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 M r - Wetmore is appointed to as- 
sign reasons to the House. 

A message was received from the House by M r - 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 M r - 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 19 th - day of Nov 1 "- 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. 

M r - 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 M r - 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 12 th 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 Oct r - 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 M r - 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 M r - 
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 M r - 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 3 d - 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 M r - 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 M r - 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 M r - 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 Gov r - 
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 M r - 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 M r - 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. 




M r 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 


M r - Judd not included in de- 












denture of 1823, 


60 


7.20 


2 


3.00 


10.20 




$1020.10 



The above Debenture was rec d - 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 2 d - 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 M r - 
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 M r - 
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 
M r - 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 Gov r > 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 M r - 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 M r - Dana of O. ordered to 
be dismissed. The petition of Paul Brown, for pardon, was taken up, 
read and on motion of M r - 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 M r Dana of O. ordered to be dismissed. The 
petition of Jeremiah Downey, for pardon, was taken up, read, and on 
motion of M r - 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 M r - 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 2 d > 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. M r - 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,M r - 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. M r - 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 Oct r - 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 rec d - 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 M r - But- 
ler was appointed on the Committee of Ways & Means — M r Holley was 
appointed on the Military Committee — M r - Wetmore was appointed on 
the Judiciary Committee — The Lieut. Gov. was appointed on the Com- 
mittee of Claims— M r - Roberts was appointed on the Turnpike Commit- 
tee — M r Dana of C. was appointed on the Committee of insolvency — M r - 
Proctor was appointed on the Committee on Manufactures— M r - Chit- 
tenden was appointed on the Committee on agriculture— M r - Pierpoint 



166 Governor and Council — October 1825. 

was appointed on the Land tax Committee — M r Merrill was appointed 
on the Committee on education — M r - Langdon was appointed on the 
Committee on New Trials — M r 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. M r - 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 M r - 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 3 d - Regiment 3 d - Brigade 
and 4 th - 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 M r - 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 M r - 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 M r 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 M r - 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. 

Rec d - 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 Jun r -> 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 M r - 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 Gen 1 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 rec d - 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 M r Langdon ordered to be dismissed. The petition of 
Patrick Murphy for pardon was called up and on motion of M r Wet- 
more, ordered to be dismissed. The petition of William Longley for 
pardon was called up, and on motion of M r - Dana of O. ordered to be 
dismissed. The petition of Lucius Hills for pardon was called up and 
on motion of M r - Wetmore ordered to be dismissed. The petition of 
Rutus Green, for pardon, was called up and on motion of M r - 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 M r 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 Jun r - & 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 M r - 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 M r - 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 M r - 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. 

M r 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 M r - 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 M r 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 M r - 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 M r - 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 M r - 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 M r 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 Gen 1 - 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 M r 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 [2 d Regi- 
ment] 3 d - Brigade and 3 d - Division to the 2 d - Reg 4 - in the 2 d - Brigade and 
3 d - 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 22 d day of Dec 1 "' 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 Sec 1 ? 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 M r 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 M r - 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 M r - 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 
M r 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. 

M r - 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 2 d - 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 M r - Wetmore is appointed to assign reasons to the House. 

On motion, M r - 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 Gen 1 - 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 M r - Ingham ' on the 20 th - instant, instructing the General Committee 
upon the subject of granting a state lottery with an order of the House 
thereon that the Gen 1 - 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 M r - 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 M r - 
Pierpoint is appointed from Council. 

The House sent up for concurrence a resolution introduced by M r - 
Austin 1 on the 26 th - 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 
M r - Edgerton 2 on the 26 th - 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 M r - Eldridge 3 
on the 26 th - 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 M r 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 M r - 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 2 d - 
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 M r - Pierpoint is appointed from 
Council. Also the petition of Elias Lyman Jun r - 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 M r - 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 Jun r - 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. 

M r - Pierpoint, on motion, was excused from serving on the committee 
raised on the memorial of Elias Keyes and M r - 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 Gov 1 - 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, but 1 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. 

M r . 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 M r [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 

J The 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. 

M r - 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 M n 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 2 d - 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." 

M r - 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 2 d - 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 Jun r - 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 Jun r - 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 M r - 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 M r - 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 M r - 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. M r - 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 M r - 
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 M r - 
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 Gen 1 - 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 
Gen 1 - 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. Rec d - 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 rec d - 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 2 d ," 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 Gen 1 - 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 Jun r - 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 M r Clark of M. one of its 
members, announcing the death of M r - 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 rec d - from the House by M r - 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 
M r - 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, M r - 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 M r - 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 M r - 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 Jun r - 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 u An 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 M r - 
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 M r - 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 M r - 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 M r - 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 Jun r - 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 M r - 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 M r - 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. 

M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 
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 M r - Pier- 
point is appointed to assign reasons to the House. 

M r - 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 M r 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 


M r - 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 2 d - and 3 d - Brigades in 
the 3 d - 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 2 d - Brigade in said 3 d - Division, be an- 
nexed to and hereafter compose a part of the 3 d - Brigade in said third 
Division ; and that the towns of Milton, Westford and Underbill, here- 
tofore belonging to the 3 d - Brigade in said third Division, be annexed 
to, and hereafter compose a part of, the 2 d - Brigade in said 3 d - 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 M r - 
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 M r - 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 See 1 ? 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. 

M r 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 M r - 
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. 

M r - 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 

M r - Pierpoint, having obtained leave, introduced the following resolu- 
tion, u Resolved, 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. M r - 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 Jon a - 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 M r - 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 M r 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. 

M r - 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. 

M r - 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 M r . 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. M r - 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 
M r 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 
M r - 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 M r - 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 M r - 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 rec d - 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 M r - Wetmore is appointed on the Judiciary Committee. The Lieut. 
Gov. is appointed on the Committee of Ways & Means. M r - Peck is 
appointed on the Committee of Claims. M r - Holley is appointed on the 
Military Committee. M r - Chittenden is appointed on the land tax Com- 



214 Governor and Council— October 1826. 

mittee. M r - Langdon is appointed on the committee of Roads and Ca- 
nals. M r - Fitch is appointed on the committee on agriculture. M r - 
Roberts is appointed on the General Committee. M r - Crafts is appointed 
on the Committee on Manufactures. M r - 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, 
f i 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 M r - 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 M r - 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 M r - 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 M r - 
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 M r - Chittenden is 
appointed from Council. Also the petition of the 2 d - 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 Eben r - 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 
M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 Jun r - 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. 

M r - 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 rec d - 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 M r - 
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 M r - 
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 M r - 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 
M r - 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 M r - 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. 

M r - 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 M r - 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 Rev d - 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. 

M r - 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 M r - 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 M r Langdon and M r - 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, M r - 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, M r - 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 rec d - 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 M r Pierpoiut is appointed on the Committee of 
New trials— M r - 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. 23 d » 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 2 d - 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 J r - 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 M r - 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 
Dec r - 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 M r - 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 M r - 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 M r - Lang- 
don is appointed from Council. 

M r - 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 2 d - 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 M r - 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 

M r - 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 6 th > 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 M r - 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 M r - 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 4 th 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 M r - 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 M r - Roberts on the 25 th 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 M r - 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 M r - 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 M r - 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 
M r - Roberts on the 25 th 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. 

M r - 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 M r - 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 M r - Pierpoint ordered to be dismissed. 

Resumed the consideration of the resolutions introduced by M r - 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 M r - 
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 M r - 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 act 1 '— "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 M c Dougal 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. M r - 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 M r - 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 M r - 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 M r - 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," u An 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 rec d - 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 rec d - 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 M r - 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 M r - 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 M r - 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 M r - 
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 M r - 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 M r - 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 Gen 1 - 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 M r - 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 M r - 
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. Rec d - 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. 

M r - 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 rec d - 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 M r - Peck is appointed from Council. 

A message was rec d - from the House of representatives by M r - 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 M r - 
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 M r - 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 M r - 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 M r - 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 M r - 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 rec d - 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 — u An 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. 
M r - 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 M r - 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 M r . 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 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. 

M r - 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 M r - 
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 M r - 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 M r - 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 M r - 
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 M r - 
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 M r - Pierpoint was appointed to assign the reasons of 
the Council. 

A message was received from the House of representatives by M r - 
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 M r - 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. 


M r - 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 


M r - 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 M r - 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 M r - 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 
M r - 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. M r - Wetmore was called to the chair. A message 
was received from the House by M r - 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 M r - Langdon. 

The petitions of David Porter, of George Stephens, of George Shep- 
hard, of Josiah Sims Jun r » 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 M r - 
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 M r - 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 2 d - light 
infantry Company in the sixth Regiment first Brigade and fourth divis- 
ion, to be annexed to the 3 d - 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 M r Wetmore is appointed on the committee of ways and means — 
M r - Thompson is appointed on the Judiciary committee — M r - Crafts is 
appointed on the committee of claims — M r - Langdon is appointed on the 
committee on roads and canals — M r - Holley is appointed on the commit- 
tee of insolvency — M r - Roberts is appointed on the committee of Manu- 
factures — M r - Hopkinson is appointed on the committee on agriculture 
— M r - Deming is appointed on the committee on Land taxes — M r - Mer- 
rill is appointed on the committee of New trials — M r - Worthington is 
appointed on the general committee— M r - Pierpoint is appointed on the 
committee on education — M r - 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 M r - 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 M r - 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 — 
u 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 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 M r - 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 M r - 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 M r - 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 M r - 
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 M r - 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 M r - 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 M r - 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. Adj d - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - 
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 M r - 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 M r - 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 2 d - 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 2 d - 
& 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 J r - ; whereupon Resolved to concur in said order 
of reference. 

A communication was rec d - 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, and 7 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 M r - 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 M r - 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 M r - 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 2 d - 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. M r - 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 M r - 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 M r - 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 M r - 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, M r - 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 
7 th - 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 J r - 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 M r - 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. 

M r 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 M r - 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 M r - 
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 M r - 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. 

M r 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 M r - 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 M r - 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 M r - 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 33 d 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 M r - 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. 2 d - 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 2 d - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r 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. 

M r - 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 M r - Keeler on the 27 th 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. 
M r - 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 M r - 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 M r - 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. 2 d - 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, M r - Fitch was excused from serving on the committee 
raised upon the resolution relating to the appointment of inspectors of 
lumber, and M r - 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. M r - 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 M r - 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 M r - 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. u An 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 2 d - 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 M r - 



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 rec d - 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 2 d - 
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 the 1 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 M r - 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 2 d - 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 M r> 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 M r - 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