of Loudoun, Schooley, Edmondson of Lunenburg, Haymond, Oldham, Browne of Mathews and Middlesex, Williams, Edmundson of Montgomery and Pulaski, Kelly, Perrow, Watts, Happer, Yerby, Nelms, Tatum, Newman, Syme, Lanier, Cackley, Cocke, Anderson, Daniel, Tyler, Sturm, Strother, Dorman, Bare, Brown of Rockingham, M'Elhenney, Hill of Shenandoah, Stickley, Goodwin, Hargrave, Freeman, Burdett and Chandler-76.

NOES-Messrs. Custis, Finney, Sheffey, Byrd, Morris, Dickinson, Cardwell, Love, Hill of Fayette and Nicholas, Stillman, Street, Wall, Carroll, Walker, Lancaster, Dillard, Richmond, Ballard, M'Intyre, Banks, Waggoner, Brown of Monongalia, Beirne, Newton, M'Pherson, Tunstall, Cook, Harper, Morison, Tate, Gillespie, Castleman and Goodson-33.

No. 111. A bill to authorize a lease of the Seaboard and Roanoke railroad to the trustees of Portsmouth and the city councils of Norfolk jointly, and to authorize a subsequent sale of the road to the same parties, was, on motion of Mr. STOVALL, ordered to be laid upon the table.

No. 112. A bill to incorporate the Little's falls railroad company, was read a second time, amended on motions severally made, and a further amendment was offered thereto by Mr. YERBY, and pending the consideration thereof,

On motion of Mr. TUNSTALL the house adjourned until to-morrow morning 10 o'clock.

SATURDAY, MARCH 6, 1847.

A communication was received from the senate by their clerk, which was read as follows:

IN SENATE, MARCH 5, 1847.

The senate have passed the bill, entitled "An act to authorize the Baltimore and Ohio railroad company to construct the extension of their railroad through the territory of Virginia," (No. 233,) with an amendment, in which they request the concurrence of the house of delegates.

The said amendment being twice read was agreed to, and it was ordered that the clerk inform the senate thereof. Mr. WATTS, from the committee on the militia laws, presented the following bill:

No. 337. A bill authorizing the raising of a company of artillery in the county of Fayette.

Mr. SYME, from the select committee appointed to investigate the charges against judge James H. Gholson, presented a report, which was read as follows:

The committee to whom was referred the memorial of judge James H. Gholson, and the memorial and specifications preferred against the said judge Gholson by R. R. Collier, have had the same under consideration, and after a protracted and laborious investigation, in which a latitude and freedom of enquiry has been allowed not justified by the well established rules of evidence, submit the following report and resolution:

The committee deem it unnecessary to recapitulate the charges and specifications of R. R. Collier, they are to be found among the printed documents of the house, and the papers accompanying this report. The committee content themselves with stating, that they embrace judicial oppression and favouritism towards certain members of the bar practising in the courts in which judge Gholson presides; with judicial corruption in conniving at certain alleged (but wholly unsustained and unfounded) breaches of trust by Thomas S. Gholson, Esq. brother of the said judge Gholson; with negligence in the discharge of his official duties; and for a personal assault and battery made by the said judge upon the person of the said Collier.

The official conduct and deportment of judge Gholson, as well as the special matters complained of by R. R. Collier, has elicited a mass of testimony, embracing nearly every member of a numerous bar, practising in the judicial circuit of judge Gholson. The whole of that testimony, whether summoned by the accuser or the accused, with the single exception of said Collier, furnishes a volume of irresistible and conclusive evidence of the eminent ability, mild and courteous demeanor, uniform diligence, and inflexible uprightness and integrity of judge Gholson.

A remaining charge preferred by the said Collier, and not controverted by judge Gholson, remains to be briefly considered, viz: the personal assault made by judge Gholson upon the said R. R. Collier in the town of Petersburg on the day of January last.

This assault grew out of a pamphlet published and circulated by the said R. R. Collier, and a copy of which was sent to judge Gholson by the said Collier; which pamphlet contained much matter which judge Gholson might well conclude was offensive, and aimed at him, and was so considered in the community in which the parties resided.

The committee deem it unnecessary to express any opinion upon this charge. It is certainly not deserving the legislative action of this general assembly. Your committee therefore recommend the adoption of the following resolution:

Resolved, That the committee be discharged from the further consideration of this subject.

On motion of Mr. SYME the same was ordered to be laid upon the table and be printed. [Doc. No. 52.] Mr. BURWELL, from the committee of schools and colleges, presented the following bills:

No. 338. A bill to incorporate the Orphan asylum of Alexandria.

No. 339. A bill to incorporate the Female free school of Alexandria; and

No. 340. A bill incorporating the Evansville literary society in the county of Preston.

Mr. NEWTON presented a petition of the Norfolk total abstinence society, praying the passage of an act authorizing a separate poll on the day of election for members of the general assembly, in order that the citizens of each city, corporation and county within the state, may determine by their votes whether licenses to sell liquors shall be granted, which was ordered to be referred to the committee of finance.

No. 112. A bill to incorporate the Little's falls railroad company, with the amendment thereto pending when the house adjourned on yesterday was taken up, and Mr. YERBY with the consent of the house withdrew the said amendment; a motion was then made by Mr. SHEFFEY that the farther consideration of said bill be indefinitely postponed, and it was determined in the negative. Ayes 50, noes 56.

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

AYES-Messrs. Jones, (speaker,) Custis, Finney, Harvie, Sheffey, Johnson, Scruggs, Burwell, Maclin, Bocock, Dickinson, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie, Roane, Love, Stillman, Carper, Jones of Gloucester, Calwell, Walker, Major, Stovall, Lancaster, Godwin, Howard, Wallace, Gresham, Richmond, Browne of Mathews and Middlesex, Williams, Kelly, Perrow, Happer, Yerby, Nelms, Tatum, Syme, Stone, Daniel, Tyler, Strother, Bare, Morison, Hill of Shenandoah, Stickley, Goodwin, Freeman and Chandler-50.

NOES-Messrs. Hart, Layne, Byrd, Boak, Small, Thompson of Botetourt, Bennett, Bambrick, Morris, Mosby, Smith, Evans, Street, Wall, Carson, White, Leake, Carroll, Hiett, Thompson of Hampshire, Lee, Duncan, Dillard, Hunter, Thompson of Jefferson, Patrick, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Banks, Oldham, Brown of Monongalia, Beirne, Edmondson of Montgomery and Pulaski, Breathed, Oliver, Edgington, Davis, M'Pherson, Newman, Tunstall, Cackley, Fairfax, Sturm, Mayo, Cook, Harper, Dorman, Brown of Rockingham, M'Elhenney, Tate, Burdett, Gillespie, Horner and Castleman-56.

A motion was made by Mr. YERBY to strike from the bill the following section:

4. Be it further enacted, That the Board of public works are hereby authorized and directed to subscribe on behalf of the commonwealth, to the capital stock of the said company, an amount which at the time of subscribing, will be to the private or individual subscriptions in the proportion of two fifths on the part of the commonwealth to three fifths on the part of individuals or corporations; and shall from time to time, as the private subscriptions may be increased, add to the subscription on behalf of the commonwealth in the same proportion until the whole amount of the capital stock of the company shall be subscribed; which said subscription shall be made upon the terms and conditions prescribed by the act passed the eleventh day of February eighteen hundred and thirty-two, entitled 'an act prescribing certain general conditions on which future subscriptions to the capital of joint stock companies shall be made on behalf of the commonwealth." "

And the question being put upon striking out the same was determined in the affirmative. Ayes 57, noes 49. On motion of Mr. GRESHAM the vote was recorded as follows:

AYES-Messrs. Jones, (speaker,) Custis, Finney, Harvie, Sheffey, Johnson, Scruggs, Burwell, Maclin, Bocock, Mosby, Dickinson, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie, Roane, Love, Smith, Stillman, Carper, Jones of Gloucester, Leake, Calwell, Walker, Major, Godwin, Howard, Wallace, Gresham, Richmond, Harrison of Loudoun, Schooley, Banks, Browne of Mathews and Middlesex, Williams, Kelly, Perrow, Watts, Happer, Yerby, Nelms, Oliver, Davis, Tatum, Syme, Stone, Daniel, Tyler, Strother, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Goodwin, Freeman and Chandler-57.

NOES-Messrs. Layne, Byrd, Boak, Small, Thompson of Botetourt, Bennett, Morris, Street, Wall, Carson, White, Carroll, Hiett, Thompson of Hampshire, Lee, Duncan, Lancaster, Hunter, Thompson of Jefferson, Patrick, Ballard, M’Intyre, Haymond, Oldham, Waggoner, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Edgington, M'Pherson, Newman, Lanier, Tunstall, Cackley, Fairfax, Anderson, Sturm, Mayo, Cook, Harper, Dorman, Bare, Brown of Rockingham, Tate, Burdett, Gillespie, Horner and Castleman-49.

The said bill was then further amended on motions severally made and as amended was ordered to be engrossed and read a third time.

The SPEAKER announced the following as the committee to bring in the bill required by the resolution submitted by Mr. MAYO on yesterday, viz: Messrs. Mayo, Leake, Lancaster, Gaines, Darracott, Lacy and Dickinson. No. 111. A bill to authorize a lease of the Seaboard and Roanoke railroad to the trustees of Portsmouth and the city councils of Norfolk jointly, and to authorize a subsequent sale of the road to the same parties, was taken up on motion of Mr. WATTS, read a second time, amended on motion of Mr. NEWTON, and as amended, ordered to be engrossed and read a third time.

On motion of Mr. HARVIE the preamble and resolutions relative to the prohibition by the congress of the United States of slavery in any territory to be acquired by conquest or treaty, with the amendments thereto proposed by the senate was taken up, and the said amendments being read the first was agreed to, and the second was disagreed to by the house.

Ordered, That the clerk inform the senate thereof.

A motion was made by Mr. MOSBY that the rule of the house be suspended for the purpose of reconsidering the vote rejecting an engrossed bill to incorporate the Richmond and Danville railroad company, (No. 59;) and the question being put thereupon, was determined in the affirmative. Ayes 58, noes 39.

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

AYES-Messrs. Layne, Harvie, Sheffey, Johnson, Byrd, Thompson of Botetourt, Bennett, Morris, Mosby, Cardwell, Love, Hill of Fayette and Nicholas, Evans, Street, Carper, Wall, White, Carroll, Calwell, Hiett, Thompson of Hampshire, Lancaster, Dillard, Hunter, Thompson of Jefferson, Patrick, Schooley, M'Intyre, Haymond, Waggoner, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Breathed, Perrow, Newton, Oliver, Edgington, Davis, M'Pherson, Tatum, Newman, Lanier, Tunstall, Cackley, Fairfax, Anderson, Sturm, Mayo, Dorman, Bare, Brown of Rockingham, Stickley, Tate, Gillespie, Horner, Castleman, Goodson and Stephenson-58. NOES-Messrs. Jones, (speaker,) Custis, Finney, Hart, Powell, Scruggs, Boak, Maclin, Bocock, Lacy, Thompson of Dinwiddie, Smith, Stillman, Carson, Jones of Gloucester, Leake, Walker, Major, Stovall, Duncan, Godwin, Howard, Wallace, Gresham, Harrison of Loudoun, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Kelly, Watts, Yerby, Nelms, Syme, Stone, Morison, Goodwin, Hargrave and Freeman-39.

The said vote was accordingly reconsidered, and the question recurring upon the passage of the bill, a motion was made by Mr. SYME, that the farther consideration thereof be indefinitely postponed, and it was determined in the negative. Ayes 44, noes 57.

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

AYES-Messrs. Jones, (speaker,) Custis, Finney, Hart, Scruggs, Boak, Bennett, Maclin, Bocock, Mosby, Dickinson, Lacy, Thompson of Dinwiddie, Roane, Smith, Stillman, Carson, Jones of Gloucester, Leake, Walker, Major, Stovall, Duncan, Godwin, Howard, Wallace, Gresham, Harrison of Loudoun, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Kelly, Watts, Happer, Yerby, Nelms, Syme, Stone, Tyler, Morison, Goodwin, Hargrave and Freeman-44.

NOES-Messrs. Layne, Harvie, Sheffey, Johnson, Byrd, Thompson of Botetourt, Morris, Cardwell, Love, Hill of Fayette and Nicholas, Evans, Street, Carper, Wall, White, Carroll, Calwell, Hiett, Thompson of Hampshire, Lancaster, Dillard, Thompson of Jefferson, Patrick, Ballard, Schooley, M'Intyre, Haymond, Oldham, Waggoner, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Breathed, Perrow, Oliver, Edgington, Davis, M'Pherson, Tatum, Newman, Lanier, Tunstall, Cackley, Fairfax, Anderson, Sturm, Mayo, Dorman, Bare, Bown of Rockingham, Stickley, Tate, Burdett, Gillespie, Horner, Castleman, Goodson and Stephenson-57. And the question being put upon its passage, was determined in the affirmative. Ayes 57, noes 45. On motion of Mr. CUSTIs the vote was recorded as follows:

AYES-Messrs. Layne, Harvie, Sheffey, Johnson, Byrd, Thompson of Botetourt, Morris, Cardwell, Love, Hill of Fayette and Nicholas, Evans, Street, Carper, Wall, White, Carroll, Calwell, Hiett, Thompson of Hampshire, Lee, Lancaster, Dillard, Thompson of Jefferson, Patrick, Ballard, Schooley, M'Intyre, Haymond, Oldham, Waggoner, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Breathed, Perrow, Oliver, Edgington, M'Pherson, Tatum, Newman, Lanier, Tunstall, Cackley, Fairfax, Anderson, Sturm, Mayo, Harper, Dorman, Bare, Brown of Rockingham, Tate, Burdett, Gillespie, Horner, Castleman, Goodson and Stephenson-57.

NOES-Messrs. Jones, (speaker,) Custis, Finney, Hart, Scruggs, Boak, Bennett, Maclin, Bocock, Mosby, Dickinson, Lacy, Thompson of Dinwiddie, Roane, Smith, Stillman, Carson, Jones of Gloucester, Leake, Walker, Major, Stovall, Duncan, Godwin, Howard, Wallace, Gresham, Harrison of Loudoun, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Kelly, Watts, Happer, Yerby, Nelms, Syme, Tyler, M'Elhenney, Morison, Stickley, Goodwin, Hargrave and Freeman-45.

Ordered, That Mr. WATTS carry the same to the senate and request their concurrence.

No. 111. An engrossed bill to authorize a lease of the Seaboard and Roanoke railroad to the trustees of Portsmouth and the city councils of Norfolk jointly, and to authorize a subsequent sale of the road to the same parties, was taken up on motion of Mr. WATTS, (the rule of the house having been suspended for the purpose,) read a third time and passed.

Ordered, That Mr. WATTS carry the same to the senate and request their concurrence.

No. 108. On motion of Mr. SCHOOLEY the rule of the house was suspended and the vote rejecting an engrossed bill investing part of the Literary fund in buildings, &c. for the Medical college in the Valley of Virginia, was reconsidered, and the question being put upon its passage, was determined in the affirmative. Ayes 45, noes 36.

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

AYES-Messrs. Hart, Layne, Sheffey, Boak, Small, Thompson of Botetourt, Bennett, Mosby, Love, Stillman, Street, Wall, Carson, Calwell, Hiett, Thompson of Hampshire, Lee, Duncan, Lancaster, Dillard, Hunter, Thompson of Jefferson, Patrick, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Oldham, Waggoner, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Tunstall, Cackley, Mayo, Harper, Dorman, Bare, Stickley, Tate, Burdett, Horner, Castleman and Goodson-45.

NOES-Messrs. Jones, (speaker,) Harvie, Powell, Johnson, Byrd, Scruggs, Maclin, Bocock, Morris, Dickinson, Lacy, Smith, Evans, Carper, Leake, Major, Stovall, Godwin, Howard, Wallace, Gresham, Edmondson of Lunenburg, Banks, Williams, Kelly, Perrow, Watts, Yerby, M'Pherson, Tatum, Anderson, Sturm, M'Elhenney, MoriGoodwin and Hargrave-36.

Ordered, That the clerk communicate the same to the senate and request their concurrence.

No. 125. A bill incorporating the Monongahela navigation company, was taken up on motion of Mr. DUNCAN, read a second time, amended on his motion, and as amended, ordered to be engrossed and read a third time.

On motion of Mr. CALWELL, Ordered, That Mr. HILL of Fayette and Nicholas have leave of absence from the service of this house for the remainder of the session from Monday next.

No. 56. An engrossed bill authorizing certain books to be furnished to the several colleges of the state; and No. 109. An engrossed bill authorizing a separate election at Rileysville in the county of Page, were severally read a third time and passed.

Ordered, That the clerk communicate the said bills to the senate and request their concurrence.

No. 271. A bill to incorporate the Western branch railroad company, was taken up on motion of Mr. KELLY, read the first and second times, amended on motion of Mr. WATTS, and as amended ordered to be engrossed and read a thrid time.

No. 211. A bill establishing the county of

of part of the counties of Kanawha, Cabell and Logan, was taken up on motion of Mr. BALLARD, read a second time, amended on motion of Mr. BANKS, and as amended, ordered to be engrossed and read a third time.

No. 255. A bill to establish a public free ferry across the Corotoman river in the county of Lancaster, was taken up on motion of Mr. GRESHAM, read the first and ordered to be read a second time.

A message was received from the senate by Mr. ROGERS, who informed the house that the senate had passed a bill, entitled "an act to extend the jurisdiction of the commonwealth of Virginia over the county of Alexandria," (No. 79,) with amendments, in which they request the concurrence of the house of delegates.

On motion of Mr. M'PHERSON the house adjourned until Monday morning 10 o'clock.

MONDAY, MARCH 8, 1847.

A communication was received from the senate by their clerk, which was read as follows:

IN SENATE, MARCH 6, 1847.

The senate have passed the bill, entitled "An act changing the time of holding the circuit superior courts of the counties of Randolph, Barbour, Taylor, Harrison, Wood, Ritchie and Gilmer." (No. 102.)

On motion of Mr. SHEFFEY, Ordered, That the committee of schools and colleges be discharged from the consideration of the petitions of the trustees of the West Liberty academy; of the school commissioners and other citizens of the county of Surry; of citizens of the county of Doddridge relative to the district school system; of citizens of the county of Isle of Wight on the subject of the primary school system; of the county of Roanoke relative to the Virginia collegiate institute; of the school commissioners of Westmoreland county relative to the primary school system; and from the resolutions for granting to Weston academy the surplus of sales of forfeited lands in Lewis county; for repealing the act of 5th March 1846, amending the present primary school system; and for amending the same act so as to require commissioners of the revenue to report the number of children in their school districts; and the said petitions and resolutions were ordered to be laid upon the table.

Mr. SHEFFEY from the committee of schools and colleges presented reports upon the petition of James L. R. Atkins of Bedford county asking for payment for the tuition of poor children; and upon the resolutions for paying to Robert Hall his claim for tuition of poor children; for paying to Leroy Dixon of Mathews county his claim for tuition of poor children; and for allowing Lewis C. Booker's account for the tuition of poor children. On motion of Mr. GOODSON the committee of roads and internal navigation were ordered to be discharged from the consideration of the petitions of citizens of Alexandria and Fairfax counties for the construction of a railroad from Alexandria to some point at or near the town of Warrenton; of citizens of the county of Russell relative to the abolition of fish dams in Clinch river; of citizens of the county of Gilmer for the improvement of the navigation of the Little Kanawha river; of citizens of the county of Ritchie relative to the obstruction of the navigation of the North fork and Hughes' rivers; of citizens of Brooke and Ohio counties for a turnpike road from the City of Wheeling to the Pennsylvania line; and of William Otterson for compensation for building a bridge on the Cumberland road; from the resolutions for compelling the Winchester and Potomac railroad company to accommodate trade and travel; for authorizing the Petersburg railroad company to increase their capital to $500,000; for reviving the act incorporating the Marshall and Ohio turnpike company; for a turnpike road from Sperryville in Rappahannock to Horner's mill in Culpeper; for incorporating a company to construct a

M'Adamized road from Staunton to Buchanan; and from the governor's communication in rel ion to the claim of the general government for tolls collected by this state on the Cumberland road; and the said petitions, resolutions and communication were ordered to be laid upon the table.

On motion of Mr. HUNTER, Resolved, That the committee of roads and internal navigation be discharged from the further consideration of the petition of sundry citizens of the county of Jefferson, asking for an increase of the capital stock of the Shepherdstown and Smithfield turnpike company, and to extend their road to Winchester, and that leave be given to bring in a bill on that subject.

Ordered, That the committee to bring in said bill consist of Messrs. Hunter, Lee, Wall, Banks, and Thompson of Jefferson.

On motion of Mr. Bocock, Resolved, That the committee for courts of justice enquire into the expediency of defining by law the powers of the harbour masters for the harbour of Richmond, and of exempting the Richmond dock and other works of the James river and Kanawha company from the jurisdiction of such harbour

master.

Mr. KELLY submitted the following resolution, which on motion of Mr. STEPHENSON was ordered to be laid upon the table, viz:

Resolved, That when this house shall adjourn on Monday the 15th instant, it will, with the concurrence of the senate, adjourn sine die.

Mr. MORISON Submitted the following resolution, which on motion of Mr. BANKS was ordered to be laid upon the table, viz:

a time.

Resolved, That for the remainder of the session, no member shall speak longer than fifteen minutes at Mr. MAYO presented a petition of the German sick assistance society in the City of Richmond, asking power to hold a lot and limited amount of property, which was ordered to be referred to the committee of propositions and grievances.

On motion of Mr. EDGINGTON the petitions of citizens of the counties of Brooke and Ohio, and of William Otterson were taken up and again referred to the committee of roads and internal navigation.

A message was received from the senate by Mr. STANARD who informed the house that the senate receded from their second amendment to the preamble and resolutions relative to the prohibition by the congress of the United States of slavery in any territory to be acquired by conquest or treaty.

No. 79. A bill, entitled "an act to extend the jurisdiction of the commonwealth of Virginia over the county of Alexandria," with the amendments thereto proposed by the senate, was taken up.

The third section of the bill as it passed this house is the following: "That the territory so retroceded and accepted, comprising the county of Alexandria, shall retain the name of the county of Alexandria, and the said county and the county of Fairfax shall constitute a county and together send one delegate to the house of delegates of this commonwealth, until a reapportionment of representation shall take place, or until otherwise declared by the general assembly of this commonwealth, the courthouse whereof shall be in the town of Alexandria where the courts now sit.

The first amendment of the senate proposed to strike out the words in italics and insert in lieu thereof the following: "The courthouse whereof shall be in the town of Alexandria where the courts now sit, and the said county of Alexandria shall be entitled to send one delegate to the house of delegates of this commonwealth until a reapportionment of representation shall take place."

A motion was made by Mr. DORMAN to amend the same by adding thereto the following: "And for the purpose of guarding against any misconstruction hereafter, this general assembly doth hereby declare that in giving to the county of Alexandria a separate delegate it is not to be regarded as a reapportionment of representation under the constitution."

And the question being put thereupon was determined in the affirmative. Ayes 75, noes 25.

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

AYES-Messrs. Hart, Layne, Harvie, Sheffey, Johnson, Byrd, Thompson of Botetourt, Bennett, Bambrick, Morris, Lacy, Cardwell, Slaughter, Roane, Love, Scott, Smith, Wall, White, Jones of Gloucester, Leake, Calwell, Walker, Hiett, Thompson of Hampshire, Lee, Lancaster, Howard, Hunter, Thompson of Jefferson, Patrick, Wallace, Gresham, Richmond, Ballard, Schooley, M'Intyre, Banks, Haymond, Browne of Mathews and Middlesex, Waggoner, Brown of Monongalia, Beirne, Breathed, Kelly, Perrow, Newton, Watts, Happer, Yerby, Nelms, Edgington, Davis, M'Pherson, Tunstall, Cackley, Fairfax, Stone, Anderson, Tyler, Sturm, Strother, Harper, Dorman, Bare, Brown of Rockingham, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Burdett, Gillespie, Horner and Stephenson-75.

NOES-Messrs. Powell, Scruggs, Dickinson, Thompson of Dinwiddie, Evans, Stillman, Street, Carper, Carson, Carroll, Major, Stovall, Dillard, Harrison of Loudoun, Edmondson of Lunenburg, Williams, Edmundson of Montgomery and Pulaski, Oliver, Tatum, Syme, Daniel, Hargrave, Freeman, Castleman and Goodson-25.

The question recurred upon agreeing to the said amendment of the senate as amended, and was determined in the negative. Ayes 49, noes 54.