Journal of the House of Delegates of the Commonwealth of Virginia

Mr. PERROW, according to order, presented the following bill:

No. 258. A bill incorporating a company to construct a turnpike road from Lovingston to New Market. A motion was made by Mr. M'PHERSON that the house adopt the following preamble and resolutions: Whereas there are occasions of absorbing interest and great peril in the history of every people deeply involving their peace, prosperity and happiness; and this general assembly believing that such a crisis has arrived in our country as to call forth an expression of public sentiment, do hereby declare that a free and full expression of opinion on the great question of peace and war which now agitates this Union is demanded by the public weal: Resolved, That the present war with the Republic of Mexico, most unrighteously provoked on her part by a long series of acts of injustice and outrage towards the United States, presents such an occasion as requires the united action of all true friends of the country in enforcing a speedy and honourable termination of this war by a vigorous prosecution of hostilities.

Resolved, That the thanks of this general assembly are due, and are hereby cordially tendered to the president of the United States for the justice, firmness and eminent ability with which he has conducted the war with Mexico.

Resolved, That the governor of this commonwealth is requested to transmit a copy of the foregoing preamble and resolutions to the president of the United States, and to each of our senators and representatives in congress.

A motion was made by Mr. TUNSTALL that the same be laid upon the table, and thereupon he demanded that the main question be now put, and the same having been sustained by the house, was put upon laying the resolutions on the table and was determined in the negative. Ayes 55, noes 58.

On motion of Mr. M'PHERSON the vote was recorded as follows:

AYES-Messrs. Custis, Brown of Albemarle, Hart, Sheffey, Johnson, Scruggs, Burwell, Boak, Small, Mosby, Fox, Dickinson, Cardwell, Slaughter, Chisman, Roane, Love, Scott, Stillman, Calwell, Darracott, Lee, Duncan, Lancaster, Hunter, Patrick, Wallace, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Oldham, Waggoner, Brown of Monongalia, Breathed, Perrow, Newton, Watts, Yerby, Oliver, Edgington, Syme, Lanier, Tunstall, Cocke, Anderson, Strother, Mayo, Harper, Dorman, M'Elhenney, Burdett, Horner, Chandler and Stephenson-55. NOES-Messrs. Jones, (speaker,) Layne, Powell, M'Dearmon, Byrd, Thompson of Botetourt, Bennett, Bambrick, Maclin, Harrison of Brunswick, Morris, Thompson of Dinwiddie, Smith, Hill of Fayette and Nicholas, Evans, Street, Carper, White, Jones of Gloucester, Leake, Carroll, Walker, Major, Stovall, Thompson of Hampshire, Dillard, Godwin, Richmond, Ballard, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Beirne, Edmundson of Montgomery and Pulaski, Kelly, Nelms, Davis, M'Pherson, Tatum, Cackley, Fairfax, Daniel, Tyler, Sturm, Cook, Bare, Brown of Rockingham, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Fitzhugh, Hargrave, Freeman, Gillespie, Goodson and Floyd-58.

A motion was made by Mr. CoсKE to amend the said resolutions by striking therefrom all after the first word "Resolved," and inserting the following:

"That this general assembly persuaded that the honour and interest of this country will be best promoted by withdrawing the armies of the United States to the eastern side of the Nueces and defending the territory to which we are justly entitled, does hereby advise such position to be taken."

Mr. LEAKE thereupon demanded that the main question be now put upon said amendment, and the demand being sustained by the house, the question was put upon adopting said amendment and was determined in the negative. Aye 1, noes 107.

On motion of Mr. Cook the said vote was recorded as follows:

AYE-Mr. Cocke-1.

NOES-Messrs. Jones, (speaker,) Custis, Layne, Powell, M'Dearmon, Sheffey, Johnson, Byrd, Scruggs, Burwell, Boak, Small, Thompson of Botetourt, Bennett, Bambrick, Maclin, Harrison of Brunswick, Bocock, Morris, Mosby, Fox, Dickinson, Slaughter, Thompson of Dinwiddie, Chisman, Love, Scott, Smith, Hill of Fayette and Nicholas, Evans, Stillman, Street, Carper, White, Jones of Gloucester, Leake, Carroll, Cal well, Walker, Major, Stovall, Thompson of Hampshire, Darracott, Lee, Duncan, Lancaster, Dillard, Godwin, Patrick, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Edmondson of Lunenburg, Banks, Haymond, Oldham, Browne of Mathews and Middlesex, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Kelly, Perrow, Newton, Watts, Yerby, Nelms, Oliver, Edgington, Davis, M'Pherson, Tatum, Newman, Syme, Lanier, Tunstall, Cackley, Fairfax, Anderson, Daniel, Tyler, Sturm, Strother, Mayo, Cook, Harper, Dorman, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Fitzhugh, Hargrave, Freeman, Burdett, Gillespie, Horner, Goodson, Chandler, Stephenson and Floyd-107.

The question recurring upon the adoption of the first resolution, Mr. DANIEL demanded that the main question be now put and it was sustained by the house. Ayes 64, noes 46.

On motion of Mr. YERBY the vote was recorded as follows:

Thompson of Hampshire, Dillard, Godwin, Richmond, Ballard, Edmondson of Lunenburg, Banks, Oldham, Browne of Mathews and Middlesex, Williams, Beirne, Edmundson of Montgomery and Pulaski, Kelly, Nelms, Edgington, Davis, M'Pherson, Tatum, Tunstall, Cackley, Fairfax, Daniel, Tyler, Sturm, Cook, Harper, Bare, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Fitzhugh, Hargrave, Freeman, Gillespie, Goodson and Floyd-64.

NOES-Messrs. Custis, Brown of Albemarle, Hart, Sheffey, Johnson, Scruggs, Burwell, Boak, Small, Mosby, Fox, Cardwell, Slaughter, Roane, Scott, Stillman, Darracott, Lee, Lancaster, Hunter, Patrick, Wallace, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Waggoner, Brown of Monongalia, Breathed, Perrow, Newton, Watts, Yerby, Oliver, Syme, Lanier, Cocke, Anderson, Strother, Mayo, Dorman, M'Elhenney, Burdett, Horner, Chandler and Stephenson—46.

The first resolution was then read as follows:

Resolved, That the present war with the Republic of Mexico most unrighteously provoked on her part by a long series of acts of injustice and outrage towards the United States, presents such an occasion as requires the united action of all true friends of the country in enforcing a speedy and honourable termination of this war by a vigorous prosecution of hostilities.

And the question being put upon adopting the said resolution was determined in the affirmative. Ayes 61, noes 49. On motion of Mr. ScoTT the vote was recorded as follows:

AYES-Messrs. Jones, (speaker,) Layne, Powell, M'Dearmon, Byrd, Thompson of Botetourt, Bennett, Bambrick, Maclin, Harrison of Brunswick, Morris, Dickinson, Thompson of Dinwiddie, Smith, Hill of Fayette and Nicholas, Evans, Street, Carper, White, Jones of Gloucester, Leake, Carroll, Calwell, Walker, Major, Stovall, Thompson of Hampshire, Dillard, Godwin, Richmond, Ballard, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Beirne, Edmundson of Montgomery and Pulaski, Kelly, Nelms, Davis, M'Pherson, Tatum, Cackley, Fairfax, Anderson, Daniel, Tyler, Sturm, Cook, Bare, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Fitzhugh, Hargrave, Freeman, Gillespie, Goodson and Floyd-61.

NOES-Messrs. Custis, Brown of Albemarle, Hart, Sheffey, Johnson, Scruggs, Burwell, Boak, Small, Mosby, Fox, Cardwell, Slaughter, Roane, Love, Scott, Stillman, Darracott, Lee, Lancaster, Hunter, Thompson of Jefferson, Patrick, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Oldham, Waggoner, Brown of Monongalia, Breathed, Perrow, Newton, Watts, Yerby, Oliver, Edgington, Syme, Lanier, Tunstall, Cocke, Strother, Mayo, Harper, Dorman, M'Elhenney, Burdett, Horner and Chandler-49.

The second resolution was read as follows:

Resolved, That the thanks of this general assembly are due and are hereby cordially tendered to the president of the United States for the justice, firmness and eminent ability with which he has conducted the war with Mexico.

And the question being put thereupon was determined in the affirmative. Ayes 62, noes 48.

On motion of Mr. Fox the vote was recorded as follows:

AYES-Messrs. Jones, (speaker,) Layne, Powell, M'Dearmon, Byrd, Thompson of Botetourt, Bennett, Bambrick, Maclin, Harrison of Brunswick, Bocock, Morris, Dickinson, Thompson of Dinwiddie, Smith, Hill of Fayette and Nicholas, Evans, Street, Carper, White, Jones of Gloucester, Leake, Carroll, Calwell, Walker, Major, Stovall, Thompson of Hampshire, Dillard, Godwin, Richmond, Ballard, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Beirne, Edmundson of Montgomery and Pulaski, Kelly, Nelms, Davis, M'Pherson, Tatum, Newman, Cackley, Fairfax, Anderson, Daniel, Tyler, Sturm, Bare, Brown of Rockingham, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Fitzhugh, Hargrave, Freeman, Gillespie and Goodson-62.

The third resolution was read as follows:

Resolved, That the governor of this commonwealth is requested to transmit a copy of the foregoing preamble and resolutions to the president of the United States and to each of our senators and representatives in congress.

And the question being put thereupon was determined in the affirmative.

The preamble was then read and agreed to by the house.

Ordered, That the clerk communicate the said preamble and resolutions to the senate and request their

concurrence.

Mr. PATRICK submitted the following resolution:

Resolved, That on and after Monday next this house shall meet at 11 o'clock.

A motion was made by Mr. LEAKE that the same be laid upon the table; and the said motion being under consideration,

On motion of Mr. SHEFFEY the house adjourned until to-morrow 12 o'clock.

SATURDAY, FEBRUARY 13, 1847.

Ordered, That Messrs. Dorman and Tyler be added to the select committee to investigate the charges against judge James H. Gholson.

On motion of Mr. BOAK, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of so amending the law prescribing the mode of settling guardians' accounts as to authorize hereafter one commissioner to settle the accounts of guardians.

On motion of Mr. CHISMAN, Resolved, That a select committee be appointed to take into consideration the subject of the various oyster laws of the commonwealth, with leave to report by bill or otherwise.

The SPEAKER deferred announcing said committee until Monday.

On motion of Mr. MORISON, Resolved, That the committee of finance be instructed to enquire into the expediency of bringing in a bill authorizing the auditor of public accounts to issue his warrant on the treasurer of this commonwealth to Alexander W. Mills, late clerk of the county court of Lee county, for thirty dollars due said Mills for services rendered the commonwealth as clerk of said court, which has been barred by the act of limitations.

On motion of Mr. POWELL, Resolved, That the committee of claims be instructed to enquire into the expediency of bringing in a bill directing the payment of the sum of $25 02 to William T. Simmons late of Amherst county, for services rendered to the commonwealth as a guard in conveying Thomas Mahone a convict to the penitentiary.

On motion of Mr. MOSBY, Resolvad, That the committee on agriculture and manufactures be instructed to enquire into the expediency of passing an act incorporating the Virginia mining and copper smelting company; and also an act incorporating a company for the manufacture of malleable iron and castings in the state of Virginia.

On motion of Mr. NELMS the committee on trade and mechanic arts was discharged from the resolution_referring to said committee so much of the governor's message as recommends a bounty on ship building in Virginia; and the same was ordered to be laid upon the table.

Mr. STOVALL, from the committee of finance, presented the following bill:

No. 259. A bill concerning state loans.

Mr. WATTS, from the committee on the militia laws, presented a report upon the resolution for providing a stand of colours for such regiments as never have had the same.

Mr. THOMPSON of Hampshire presented a petition of citizens of the town of Romney for the passage of an act to incorporate said town.

Mr. STILLMAN presented a petition of citizens of the county of Fluvanna for the establishment of a separate election at Oakland cross roads in the northeastern part of said county.

Mr. MAYO a memorial of John Howard and others, remonstrating against any change of the law upon the subject of weighing live stock in the City of Richmond.

Ordered, That said petitions be referred to the committee of propositions and grievances.

Mr. STREET presented a petition of the bar and other citizens of the county of Franklin for the passage of an act to change the time of holding the circuit court of said county from the 9th of May and October, to the 7th of the same months; which was ordered to be referred to the committee for courts of justice.

Mr. HARRISON of Loudoun presented a petition of citizens of the county of Jefferson asking that the state will guarantee certain bonds of the Chesapeake and Ohio canal company to aid in completing the said canal to the town of Cumberland.

Mr. WATTS presented a petition of David Corprew asking for authority to establish a ferry over Lynhaven river, and a bridge over Long creek in the vicinity of Lynhaven bay in the county of Princess Anne.

Mr. KELLY a petition of citizens of the county of Nansemond for a charter to construct a railroad from a landing on the Western branch of Nansemond river lately known as Ashby's, but now Lecompte's & Bunting's, to some point on the Blackwater river, by Darden's store in the county of Nansemond.

Mr. EDGINGTON presented a memorial of Mary L. Dorsey, remonstrating against amending the laws relating to the Wheeling and Belmont bridge company, as asked for by said company, without proper provisions for the protection of her rights.

Ordered, That the said petitions be referred to the committee of roads and internal navigation.

Mr. THOMPSON Of Botetourt presented proceedings of the citizens of the county of Botetourt, in public meeting, on the subject of the James river and Kanawha improvement; which on his motion, were ordered to be laid upon the table.

On motion of Mr. HUNTER a bill to authorize the Baltimore and Ohio railroad company to construct the extension of their railroad through the territory of Virginia, (No. 233,) was taken up, and ordered to be postponed and made the order of the day for Tuesday next.

Mr. HARRISON of Loudoun presented amendments intended to be submitted by him to said bill, which on his motion were ordered to be printed.

No. 79. A bill to extend the jurisdiction of the commonwealth of Virginia over the county of Alexandria, was taken up on motion of Mr. TYLER and made the order of the day for Thursday next.

The resolution submitted by Mr. PATRICK on yesterday, and which was under consideration when the house adjourned was taken up and agreed to as follows:

Resolved, That on and after Monday next this house shall meet at 11 o'clock.

No. 59. An engrossed bill incorporating the Richmond and Danville railroad company was taken up and after discussion was on motion of Mr. SYME again ordered to be laid upon the table.

A motion was made by Mr. HILL of Fayette and Nicholas, that the house adopt the following resolution :
Resolved, That this house will with the concurrence of the senate adjourn sine die on the 27th instant.
On motion of Mr. STOVALL, Ordered, That the same be laid upon the table.

Mr. STROTHER presented a petition of H. F. Thornton praying that authority may be given to the circuit court of Rappahannock county to confirm the sale of certain property and to invest the proceeds thereof, which was ordered to be referred to the committee for courts of justice.

Mr. Love presented a petition of the managers of the orphan asylum and female free school of Alexandria, praying that they may be incorporated and a small donation may be made to the school, which was ordered to be referred to the committee of schools and colleges.

Mr. WILLIAMS presented a petition of the heirs of John Nelson asking to be allowed compensation for certain military lands belonging to his ancestor, which was ordered to be referred to the committee of claims. A report of the committee for courts of justice was read as follows:

The committee for courts of justice have, according to order, had under consideration the resolution "to enquire into the expediency of reducing the number of monthly and quarterly sessions of the county courts," to them referred, and have come to the following resolutions thereupon:

Resolved as the opinion of this committee, That it is expedient to reduce the number of quarterly terms. Resolved as the opinion of this committee, That it is inexpedient to reduce the number of monthly terms. On motion of Mr. GOODSON the same was ordered to be laid upon the table.

A report of the committee of propositions and grievances was read as follows:

The committee of propositions and grievances have, according to order, had under consideration the petition and accompanying documents of sundry citizens of the counties of Mason, Cabell and Kanawha, to them referred, praying that in consideration of the facts of their case as in said petition stated and numerous grievances thereupon, with the reasons adduced in that behalf, that an act may pass forming a new county of part of each of said counties within certain boundary lines in said petition described, with the courthouse thereof "at Redhouse shoals on the Kanawha river:" Whereupon,

Resolved as the opinion of this committee, That the chairman thereof be instructed to ask a discharge from the further consideration of said petition and accompanying documents, for failure to designate and describe therein with sufficient certainty and exactness the point or place for the seat of justice for the contemplated new county as required by the act, entitled "an act concerning the formation of new counties," passed April the seventh, eighteen hundred and thirty-eight, and that said petition and documents be laid on the table for the residue of the session.

On motion of Mr. BANKS the same was ordered to be laid upon the table.

A report of the committee on the militia laws was read as follows:

The committee on the militia laws have, according to order, had under consideration the petition of Robert S. Ashby, to them referred, and praying that compensation may be made him for his reports as adjutant of the 44th regiment of Virginia militia of the strength of said regiment for the years 1844 and 1845, and have come to the following resolution thereupon :

Resolved as the opinion of this committee, That the prayer of the said petition be rejected.

On motion of Mr. SMITH the same was ordered to be laid upon the table.

A report of the committee of privileges and elections was read as follows:

The committee of privileges and elections have, according to order, had under consideration a resolution instructing an enquiry "into the expediency of changing the time of holding the general elections of this commonwealth, and also into the propriety of changing the time of the meeting of the general assembly," and have come to the following resolution thereupon:

Resolved as the opinion of this committee, That it is inexpedient to legislate further upon the subjects referred by said resolution.

On motion of Mr. TUNSTALL the same was ordered to be laid upon the table.

A report of the committee for courts of justice was read as follows:

The committee for courts of justice have, according to order, enquired into the expediency of providing by law for the taking of depositions of witnesses when said witnesses reside one hundred miles and upwards from the places to which they are summoned to give evidence: Whereupon,

Resolved as the opinion of this committee, That it is inexpedient to make the provision aforesaid.

The said resolution was amended on motion of Mr. JONES of Gloucester, by striking out the word "inexpedient" and inserting in lieu thereof the word "expedient," and as amended was agreed to by the house, and it was ordered that the committee prepare and bring in a bill accordingly.

The following report of the committee of privileges and elections was read and agreed to:

The committee of privileges and elections have, according to order, had under consideration the petition of James Waugh and Hardy Stone, to them referred, complaining of the undue election of John Carroll, the delegate returned to represent the election district composed of the counties of Grayson and Carroll, in the present house of delegates, agreed upon a report and come to the following resolution thereupon:

The "act concerning general elections in this commonwealth," passed April 2nd, 1831, (sec. 20th, Supplement to the Revised Code, page 107,) requires that on complaint of an undue election or return of any member of either house of assembly, such complaint shall be lodged against such member within ten days after the meeting of the assembly, where the contested election shall have been held at the stated annual period. This election was held at the "stated annual period." This assembly met on the 7th and the complaint was lodged on the 18th day of December 1846, more than ten days after "the meeting of the assembly." Your committee therefore are of opinion that they cannot legally proceed to the examination of the papers filed in this contest: Whereupon,

Resolved, That the chairman of this committee ask to be discharged from the further consideration of the said petition and the accompanying documents.

The following report of the committee for courts of justice was read and agreed to: •

The committee for courts of justice have, according to order, "enquired into the expediency of so amending the law regulating the fees of clerks as to prohibit said clerks from demanding or receiving any fee for a search for any record or other matter in their offices of more than a year's standing, if a copy or extract of the same be taken: Whereupon,

Resolved as the opinion of this committee, That it is inexpedient so to amend the said law.

The following reports of the committee of finance were severally read and agreed to:

The committee on finance have, according to order, had under consideration the following resolution: "Resolved, That the committee on finance be instructed to enquire into the expediency of passing an act authorizing persons having licenses in any of the counties of this commonwealth to peddle clocks or merchandize, the privilege of transferring said license," and have come to the following resolution thereupon:

Resolved, That it is inexpedient to legislate further upon this subject.

The committee on finance have, according to order, had under consideration the following resolution: "Resolved, That the committee on finance enquire into the expediency of passing a law authorizing the sheriffs to retain in their hands all claims against the commonwealth until the taxes are paid," and have come to the following resolution thereupon:

Resolved, That it is inexpedient to legislate further upon this subject.

The committee on finance have, according to order, had under consideration the following resolution: "Resolved, That the committee on finance enquire into the expediency of requiring the sheriffs, in making out their tax bills, to specify every item of taxation and the amount of tax paid on each subject so taxed," and have come to the following resolutions thereupon:

Resolved as the opinion of this committee, That the 16th section of the act passed the 11th day of January 1819, entitled "an act to regulate the duties of sheriffs, requires the sheriffs to specify each item of taxation." Resolved therefore, That it is inexpedient to legislate further upon the subject.

The following reports of the committee of claims were severally read and agreed to:

The committee of claims have, according to order, had under consideration the petition of Joseph Bruin "asking that a fine imposed upon him by a court martial of the 60th regiment of Virginia militia may be refunded to him," and have come to the following resolution thereupon:

Resolved, That this committee ask to be discharged from the further consideration of said petition.

The committee of claims have, according to order, had under consideration the petition of Andrew Crolly "asking that a sum of money paid by him for certain lands sold by the commissioners of delinquent and forfeited lands may be refunded to him," and have come to the following resolution thereupon:

Resolved, That the prayer of the petition be rejected.

The committee of claims have, according to order, had under consideration the petition of George Head, jailkeeper of the county of Loudoun, "asking an increase of compensation for keeping and maintaining prisoners chargeable to the state," and have come to the following resolution thereupon:

Resolved, That this committee ask to be discharged from the further consideration of the said petition, and that the same be referred to the committee of courts of justice.

The committee of claims have, according to order, had under consideration the petition of Steven Kent of the county of Halifax, "praying to be relieved from the payment of a sum of money claimed by the president and directors of the Literary fund," and have come to the following resolution thereupon:

Resolved, That the prayer of the said petition be rejected.

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