MONDAY January 30th, 1804, 9 O'clock A. M. The Council met pursuant to adjournment. ཏ ཏཞྭ A Bill, passed in the House of Representatives, Entitled, "An Act in addition to an Act entitled 'an Act regulating Town Meetings,' was sent up for Revision, Concurrence or proposals of amendment, and being read, it was on motion Resolved, That it be committed to Mr. Keyes. The Committee to whom was referred a Bill Entitled "An Act discharging Abel Spencer and James Claghorn from the payment of a certain note therein mentioned," reported that it ought to pass with the following amendment, after the words "An Act," in the first line of the Title of the Bill, to strike out the whole of the Bill and insert the following in lieu thereof, viz. “Granting relief to Abel Spencer and James Claghorn in a certain case therein mentioned. Section 1st. It is hereby enacted by the General Assembly of the State of Vermont, That Abel Spencer and James Claghorn are hereby released and discharged from the payment of a certain Note given to the Treasurer of this State for a fine and cost of Suit arising from a prosecution had by this State against Solomon Spafford in the year 1791, except so much of said Note as was given for the payment of Cost. Provided nevertheless, That if the said Abel and James do not pay to the State's Attorney of Rutland County so much of said Note as was given for said Cost, by the first day of May next, they shall take no benefit by this act;" which report was accepted, and Resolved, That the Council concur in passing the said Bill as amended, and Ordered, That Mr Witherell assign the reasons of the Amendments to the House of Representatives on the aforesaid Bill. The Committee on the Bill Entitled "An Act establishing the goal of the County of Essex a prison for receiving and safe-keeping prisoners committed under the authority of the United States," reported that it ought to pass, and it was Resolved, That the same do pass, and Ordered, That it be engrossed and sent to the House of Representatives for their revision, concurrence or proposals of amendment. The Petition of Nathan Callendar was sent up from the House with the following order minuted thereon, viz. Att. "In General Assembly Jan 30th, 1804. Read and Referred to Mess. W. Perry, McCumber and Holmes to join with Council. A. HASWELL Clerk." Which was Read, and Resolved, That Mr Chittenden do join the Committee appointed by the House of Representatives. Also, The Petition of Franklin, Robinson & Co. & Wm. Tourney, praying for a Hearing before Commissioners on the Estate of Gideon Bronson [Brownson] deceased, with the following order thereon, viz. 66 Jany 30th. 1804. Read and Referred to Mess. B. Emmons, Hunt, Butler, Harvey & Hendee, to join such Committee as the Council may appoint. Attest A. HASWELL Clerk." Resolved, That Gov. Brigham & Mr. Loomis do join the aforesaid Committee from the House. On Motion of Mr. Witherell, he had leave to introduce a Bill Entitled "An Act to empower the Widow Ann Taylor, late the Widow Ann Miller, Executrix of Eleazer Miller, to sell land in Hubbardton," which Bill was read and considered, and on Motion, Resolved, That the said Bill do pass, and Ordered, That it be engrossed and sent to the House of Representatives for their Revision, concurrence or proposals of Amendment. On Motion, Mr. Witherell had leave to introduce a Bill Entitled "An Act in addition to an act Entitled an act constituting the Supreme Court of Judicature and County Courts, defining their powers and regulating judicial proceedings,'" which was read and after consideration it was Resolved, That said Bill do pass, and Ordered. That it be engrossed and sent to the House of Representatives for their Revision, concurrence or proposals of amendment. Adjourned to 2 O'clock P. M. 2 O'CLOCK P. M. The Committee on the Bill Entitled "An Act in addition to an Act Entitled an Act to lay out a Stage or Post Road from the Court House in Vergennes to the Court House in Burlington,' Passed Feby 18th, 1797, and also in addition to an Act Entitled 'an Act appointing a Committee to lay a Post or Stage Road from Onion River to Canada Line,'" reported that it ought to pass with the following amendment: by erasing the Third line from the Bottom of the Bill and insert in licu thereof the following words, viz. "From the Town Treasury of the Town of Burlington, if the Town will vote to pay it, if not they shall be paid by the Persons applying to them to do the service," which report being accepted, it was on Motion Resolved, That the Council concur in passing the said Bill as amended, and Ordered, That Gov. Brigham assign the reasons of such amendments to the House of Representatives. The Petition of John McNeil was sent up from the House of Representatives with the following order minuted on it, viz. Att. "In Gen Assembly, Jan 30th. Read and referred to Mess. John Shumway, Cruttenden, Spooner, Isham & Brigham to join such Committee as Council may appoint. A. HASWELL Clerk.” Which being read, it was Resolved, That Mess. Spooner and Fletcher do join the Committee appointed by the House on the aforesaid Petition. A Bill passed in the House of Representatives, Entitled "An Act for the relief of Alexander Young," was sent up to Council for their revision &c. which Bill was read, and Resolved, That it be committeed to Mess. Witherell, Loomis & Niles. Also, A Bill Entitled "An Act appointing a new Collector of a Land Tax in Montgomery:" which was read and on Motion Resolved, That it be referred to Mr Chittenden. Also, A Bill Entitled "An Act in addition to an Act Entitled 'An Act regulating Town Meetings and the choice and duty of Town Officers;' which, after being read and considered, it was Resolved, That the Council concur with the House of Representatives in passing the said Bill. A Bill, referred from the last Session of the Legislature, Entitled "An Act incorporating certain Persons therein Mentioned by the name of the Franklin County Turnpike Company," was read, and on Motion, Resolved, That it be recommended to the House of Representatives to refer the consideration of this Bill to the next Session of the General Assembly. Ordered, That the Secretary communicate the foregoing resolution to the House of Representatives. Adjourned to 8 O'clock Tomorrow morning. TUESDAY, January 31st. 1804, 8 O'clock A. M. The Council met pursuant to adjournment. A Written Message was sent up from the House as follows: “Jan 30th, 1804, 4 O'clock A. M. The question being put, will the House concur with Council in passing the Bill ratifying the Amendment Either P. M. of the 30th, or A. M. of the 31st. The House went into committee of the whole at 2 P. M. of the 30th; and debated the question largely. of the Constitution, agreeably to the recommendation of the Congress of the United States: It passed in the Affirmative, Yeas 93-Nays 64. Attest A. HASWELL Clerk," The Committee to whom was referred the Bill Entitled "An Act for the relief of Alexander Young," reported that the same ought to pass, with the following provisionary clause to be added to the Bill as an amendment: "Provided nevertheless, That nothing in this act shall be construed to affect the right of any Person or Persons to said Premises which have accrued since the said conveyance of the said Frazier to the said John Young;" which report was accepted, and on Motion, Resolved, That the Council do concur in passing the said Bill as amended, and Ordered, That Mr. Galusha acquaint the House of Representatives with the Reasons that governed Council in adopting the aforesaid amend ment. Mr. James Fisk communicated the following message from the House: "In General Assembly Jany 31. "An act allowing the Defendants and Respondents in prosecutions on Libels to give the Truth of the Words contained" &c. was read, and Resolved, That the House do not concur with the Council, and that Mr Jaa Fisk be requested to wait on Council and inform the reasons of their nonconcurrence. Att. A. HASWELL, Clerk." And after verbally assigning the Reasons, he withdrew. Ordered, That the said Bill lie on the Table for further consider ation. Adjourned to 2 O'clock P. M. 2 O'CLOCK P. M. The Petition of the Selectmen of Wolcott was sent up from the House with the following order thereon, viz. "Jany 31st, 1804. Referred to a Committee of five; Members chosen, Mess. Hinman, Olds, Stevens, R. Parker and Potter, to report by Bill or otherwise. Committee to join with Council. Att. A. HASWELL Clerk." Which was read, and Resolved, that Mess Sheperdson and Fletcher do join the Committee appointed by the House on the said Petition. Also, Seven Petitions from a number of the Inhabitants of the Towns of Hardwick, St Johnsbury, Hyde-Park, Johnson, Walden, Waterford, Danville, and from sundry Inhabitants of Franklin County, with the following minuted on each: "Jany 31st. Read and Referred to the Committee on the Wolcott Petition. Attest A. HASWELL Clerk.” Resolved, That they be referred to the Committee on the Wolcott Petition. A Bill, referred from the Last Session of the Legislature, Entitled "An Act in addition to and amendment of an act for regulating and governing the Militia of this State," was read, and Resolved, That it be recommended to the House of Representatives to refer the consideration of this Bill to the next Session of the Legislature, and that Mr. Galusha be requested to wait on the House and assign the Reasons. On Motion, Mr. Keyes had leave to introduce a Bill Entitled "An Act in addition &c. to an act Establishing the Connecticut Turnpike Company;" which was read and on Motion Resolved, That it be committed to Mess. White & Wheelock. The Bill Entitled "An Act allowing the Defendants and Respondents in prosecution on Libels to give the Truth of the Words Contained &c." returned yesterday from the House nonconcurred, was again taken under consideration, and on Motion, Resolved, That the Council do rescind from their nonconcurrence on this Bill of the 28th. Int and that they do concur in passing the said Bill with the following amendments, after the word "Libel," in the fifth line of the first Section, erase to the words "may plead," in the ninth line of the same Section, except the words "the Respondent," in the eighth line-and Ordered, That Mr. Galusha inform the House of the Reasons of Council in adopting the proposed amendment to the said Bill. Two Bills, laid over to this Session by recommendation of Council, one Entitled "An Act to incorporate a Bank at Burlington;" the other Entitled "An Act to incorporate a Bank at Windsor;" were sent up from the House with the following order minuted on each: In General Assembly Jan 31st, 1804. Read and Referred to Mess. Olin, B. Emmons, Jas Fisk, Hay & Whitney to join &c. A. HASWELL Clerk." And on Motion it was Resolved, That Mess. Sheperdson and Keyes do join the Committee appointed by the House. Adjourned to 9 O'clock Tomorrow morning. Att. WEDNESDAY, February 1st, 1804, 9 O'clock A. M. The Council met pursuant to adjournment. "In General Assembly, Jan 31st. Resolved, the Governor and Council concurring therein, that both Branches meet in the Representatives' Room, at the opening of the House tomorrow afternoon, for the purpose of making such further ap pointments of Justices of the Peace in the several Counties in the State as may be necessary. A. HASWELL Clerk." Which being read, it was on Motion Resolved, That the Council concur in the foregoing resolution. Att. A Petition for a Turnpike Road from Newbury to Peacham was sent up from the House with the following minuted thereon: "Jan 31. Read and Referred to [a] Committee of five to join with Council, Mess. Hendee, Shafter, Joel Marsh, T. H. Parker and D. TutA. HASWELL Clerk." On Motion Resolved, That Mess. Chittenden and White do join the aforesaid Committee from the House. hill. Attest Also, Five other Petitions were at the same time received from the House, one from the Inhabitants of Barnet. for a County Road; one from Wait Rathburn and others; one for a Turnpike Road from Burlington to Montpelier, one for a Turnpike Road from Wells River to Canada line; and one other for a Turnpike Road from Newbury to Danville, with the following order on each, viz. "Jany 31st, 1804. Read and Referred to the Committee on the Petition [for a road] from Newbury to Peacham. On Motion, Resolved, That they be referred to the aforesaid Committee. The following resolution was sent up from the House of Representatives, viz. "In General Assembly Jan 31st. 1804. Resolved, The Governor and Council concurring therein, That His Excellency the Governor be, and he hereby is requested to transmit to the President of the United States, under the seal of this State, a copy of the Act Entitled "An Act declaring the consent of this State to a certain Article of Amendment to the Constitution of the United States," passed the present Session of the Legislature, to be communicated to the Senate and House of Representatives of the Congress of the United States. Attest A. HASWELL Clerk." Which being [read,] it was, on Motion, Resolved, That the Council concur in the foregoing resolution. The Petition of Mary Whitney was sent from the House with the following minuted thereon, viz. "In General Assembly Jany 31st. Read and Referred to Mess. Finney, Bigelow & Leland to join such Committee as Council may appoint. Att. A. HASWELL Clerk." On Motion, Resolved, That Mr. Galusha do join the Committee appointed by the House on the said Petition. The Committee on the Bill Entitled "An Act reviving an Act granting to Zacheus Peaslee and others the Exclusive priviledge of erecting a Wharf &c. at Burlington Bay,'" reported that the Bill ought to pass with the following amendments: after the figures "1803" in the third line of the Preamble, erase the remainder of the Preamble and insert as follows," without said meeting being holden, whereby said Proprietors have lost all the benefit of said Act;" and add the Two following Sections: "Section 2nd. And it is hereby further enacted, That the Exclusive right of keeping said Wharf and Store in the same manner as is contemplated in and by said Act, is granted and extended to the said Zacheus Peaslee, Samuel Hicock, Thadeus Tuttle, Moses Catlin, Ebenezer T. Englesby and their associates, for the Term of five Years from and after the Expiration of the said Twenty five Years, mentioned in said Act, under the same provisions, regulations and restrictions as is provided and directed in and by said Act for the said Twenty five Years. "Section 3rd. And it is hereby further enacted, That the said Corporation hold their first Meeting at the Court-House in said Burlington on the first Monday of March next, and they are hereby fully authorized to transact all and singular the business which they were impowered to in and by said Act at their proposed first Meeting on the first Monday of January 1803"-which report was accepted and it was Resolved, That the Council do concur with the House in passing the aforesaid Bill with the proposed Amendments, and Ordered, That Mr. Galusha acquaint the House with the Reasons of such Amendments. Adjourned to 2 O'clock P. M. 2 O'CLOCK P. M. Mr. S. Shaw delivered the following Message from the House: "In General Assembly Jany 28. An Act to compel the Managers of the Green Mountain Road Lottery to draw the same," was read, with the reasons of Council for nonconcur-. rence, which not being concurred by the House, the Bill was ordered to lie on the Table. Jany 31st. Read and Referred to the House at the opening of the House in the afternoon. Feby 1st. Read a second time, passed and ordered that it be sent to the Governor and Council by a member for revision, concurrence or proposals of amendment. Member chosen Mr. S. Shaw. A. HASWELL Clerk" Att. And after verbally assigning the reasons of such nonconcurrence he withdrew-And on Motion, it was Resolved, That the Council do rescind from their nonconcurrence on the aforesaid Bill of the 26 Jany, and that it be referred to Mr. Witherell. The following Resolution was sent up from the House, viz. "Resolved, The Governor and Council concurring herein, That the Governor and Council meet the House of Representatives in the Representatives' Room on Monday next at 2 O'clock P. M. for the purpose |