Abbildungen der Seite
PDF
EPUB

of any moneys in the treasury not otherwise appropriated, on the warrant of the auditor of state, who shall adjust their accounts.

Resolved, That the governor of this state forward a copy of these resolutions to the governor of the state of Ohio.

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

Mr. STILLMAN, from the committee on enrolled bills, reported that they had examined sundry other such bills and found them truly enrolled.

Ordered, That the clerk communicate the same to the senate for further examination and signature.
No. 344. An engrossed bill appropriating the public revenue was read a third time and passed.
Ordered, That the clerk communicate the same to the senate and request their concurrence.

A message was received from the senate by Mr. DENNIS, who informed the house that the senate had passed

a bill, entitled "an act to reduce into one the several acts now in force concerning the inspection of tobacco," passed March 6th, 1819, with amendments in which they request the concurrence of the house of delegates. The said amendments being read were severally agreed to, and it was ordered that the clerk inform the senate thereof.

A motion was made by Mr. CASTLEMAN that the house adopt the following resolution:

Resolved, That leave be given to bring in a bill to allow the governor of this commonwealth two thousand dollars as a compensation for services rendered as a member of the Board of public works and for other services rendered the people of the commonwealth, or such sum as a liberal committee may think proper to report. And the question being put thereupon was determined in the negative.

No. 238. An engrossed bill providing for the construction of a turnpike road from the Lynchburg and Salem turnpike by Franklin courthouse to Jacksonville in Floyd county, was read a third time and passed. Ayes 39,

noes 31.

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

AYES-Messrs. Sheffey, Johnson, Byrd, Scruggs, Thompson of Botetourt, Bambrick, Mosby, Fox, Evans, Street, Carper, Carson, White, Carroll, Calwell, Lancaster, Dillard, Patrick, Richmond, Ballard, Schooley, Haymond, Oldham, Beirne, Edmundson of Montgomery and Pulaski, Edgington, Syme, Tunstall, Cackley, Fairfax, Anderson, Harper, Dorman, Bare, Morison, Stickley, Tate, Gillespie and Goodson-39.

NOES-Messrs. Finney, Powell, Harrison of Brunswick, Morris, Lacy, Thompson of Dinwiddie, Stillman, Jones of Gloucester, Leake, Major, Stovall, Hiett, Thompson of Hampshire, Gaines, Robinson, Harrison of Loudoun, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Kelly, Yerby, Nelms, Cocke, Tyler, Strother, Goodwin, Holladay, Hargrave, Freeman, Burdett and Castleman-31.

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

The following engrossed bills were read a third time and passed, viz:

No. 164. A bill changing the time of holding certain courts in the fourth judicial circuit.

No. 228. A bill concerning depositions taken out of the state.

No. 229. A bill concerning the office of sheriff.

No. 230. A bill to incorporate the Marshall seminary.

No. 231. A bill to incorporate the Lewis county seminary.

No. 232. A bill fixing the pay and prescribing the duties of the officers of the public guard.

No. 234. A bill authorizing a separate election at the Union meeting house in the county of Barbour.

The

title of this bill was amended on motion of Mr. BANKS by adding thereto the words " and for other purposes,” and as amended was agreed to.

No. 235. A bill to enlarge the powers of the trustees of the town of Woodstock in the county of Shenandoah, and for other purposes.

No. 236. A bill changing the time for the annual meetings of the Valley turnpike company; and

No. 237. A bill to amend and continue the act of the 2d March 1846, providing for a road from the Guyandotte to the Kanawha river.

A motion was made by Mr. MORISON that the rule of the house be suspended for the purpose of reconsidering the vote rejecting the engrossed bill to revive the act incorporating the Winchester and Berry's ferry turnpike company, (No. 223,) and the same being under consideration,

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

58

WEDNESDAY, MARCH 17, 1847.

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

The senate have passed the bills, entitled

IN SENATE, MARCH 16, 1847.

"An act releasing to Nancy Mumford alias Walden, and others, the commonwealth's right to certain real estate." (No. 149.)

"An act concerning Charles W. and Helen M. Coleman." (No. 130.)

"An act concerning Thomas F. Conway." (No. 183.)

[blocks in formation]

"An act concerning the estate of Blair Bolling late of the public guard." (No. 186.)

"An act concerning Joseph Selden late of the public guard." (No. 188.)

"An act to incorporate the Manassa's gap turnpike company."

"An act concerning the sheriff of Middlesex." (No. 204.)

"An act authorizing the issuing of certain licenses, and for other purposes." (No. 313.)
"An act adding the county of New Kent to the seventh judicial circuit." (No. 181.)
"An act concerning John Thompson." (No. 143.)

"An act changing the time of holding the county courts of Jackson county." (No. 226.)

"An act concerning the Rivanna and North river navigation companies." (No. 213.)

"An act to incorporate the Ivanhoe manufacturing mills company in the county of Amherst." (No. 206.) "An act to incorporate the trustees of the glebe fund of Lancaster county." (No. 195.)

"An act increasing the capital stock of the Leesburg and Snicker's gap turnpike company and authorizing a subscription of two fifths of the said increase by the Board of public works." (No. 175.)

"An act prescribing the mode of electing trustees for the town of Darkesville in the county of Berkeley and vesting them with corporate powers, and of electing trustees of the town of Romney in the county of Hampshire." (No. 219.)

"An act discontinuing the separate poll required to be held at the house of David West in Wetzel county." (No. 190.)

"An act divorcing Catharine Hillary from her husband William Hillary." (No. 191.)

"An act to incorporate the Nelson county savings bank at Lovingston." (No. 178.)

"An act concerning Jane Hailstock." (No. 204.)

"An act amending an act, entitled 'an act changing the place of holding a separate election in the county of Mason and for other purposes,' passed February 17th, 1845," (No. 205;) and

"An act providing for the issuing of new certificates of debt in place of certain bonds issued by the James river company." (No. 187.)

They have also passed the bill, entitled

"An act authorizing the county court of Preston to divide said county into two revenue districts, and for other purposes," (No. 212,) with amendments, in which they request the concurrence of the house of delegates. They have postponed indefinitely the bills, entitled

"An act authorizing certain books to be furnished to the several colleges of the state." (No. 56.)

"An act providing for the enlargement of the Western lunatic asylum." (No. 196.)

"An act making an annual appropriation from the treasury of $50,000 to the primary schools." (No. 46.) "An act to incorporate the Virginia and New York steam packet company," (No. 94;) and

"An act to authorize and establish battalion musters in the 41st regiment in Richmond county." (No. 215.) And they have rejected the bills, entitled

"An act concerning lieutenant Elijah Brown of the public guard in the City of Richmond." (No. 78.) "An act releasing to George Nicholson the commonwealth's right to a lot of land therein mentioned," (No. 192;) and

"An act providing for the construction of a turnpike road from the Lynchburg and Salem turnpike by Franklin courthouse to Jacksonville in Floyd county." (No. 238.)

They have agreed to the resolution providing for the distribution of certain printed copies of the Civil Code. And their committee appointed to examine enrolled bills have examined sundry other such bills, which being found truly enrolled, have been signed by their speaker and are herewith returned to the house of delegates.

The said amendment being read, was agreed to, and it was ordered that the clerk inform the senate thereof. The SPEAKER laid before the house a communication from the governor, responding to the resolution of the house of the 27th ultimo, relative to the claims disallowed by the executive on account of the Virginia volunteers, which was read as follows:

To the House of Delegates of Virginia.

EXECUTIVE DEPARTMENT, MARCH 16, 1847.

In obedience to a resolution of the house of delegates, adopted on the 27th day of February 1847,

I make the following report of claims disallowed on account of the Virginia volunteers.

Some of these claims I have not before me, and have not been able to obtain, they having been returned. 1st. The item for camp stools and tables for captains Scott and Carrington's companies were disallowed, because purchased on their own account, and, it is believed, expected to be paid for out of the contributions of the citizens of Richmond to said companies. Said articles were not purchased or called for by any other company of the Virginia regiment.

2nd. The items for blankets and cooking utensils, claimed by captain Carrington, have been paid for by the These items are embraced in a bill now pending before the house of delegates for the relief of captain

state. Carrington.

3rd. Sundry items of captain Carrington's company for clothing were disallowed for reasons stated in a former report by the adjutant general. I will, however, state that the item of $309, claimed by captain Carrington on this account, has been already paid in part by his over-draft for clothing from the state, he having received from the state $1255 11 worth of clothing, against his deposit of $1175 88, leaving an excess of $79 23, which deducted from $309 would leave $229 77, to which his company might be entitled, and would probably be allowed by the executive under a resolution giving to the companies the excess of outfit over the deposite of the clothing commutation.

4th. The item of $351 for cloth purchased of the Messrs. Ellis for the purpose of completing the coat equipment of this company (although the amount was never known until recently) was disallowed because it was created in the face of the general order of December last and in the face of the order of colonel Hamtramck afterwards given. Had this cloth been delivered to the executive, or had there been a loss upon its resale and a claim preferred for such loss, with an allegation that the transaction had been founded in mistake or misapprehension, I have no doubt the claim would have been allowed. But no such claims have ever been preferred, nor has the cloth been tendered to the executive, and the claim was of course disallowed, as it was unreasonable that the purchaser without authority of the cloth in question should keep it and ask the state to pay for it.

These items constitute the claim of captain Carrington now before the legislature, and it may not be amiss to state here, that as Capt. Carrington was the first to receive the benefit of the liberal construction of executive power, so he is the last, in consequence of his youth, inexperience and gallantry, from whom it would be withheld. Another class of cases rejected by the executive was for subsistence, &c. The principle established has been acquiesced in in every case, except by captain Harper, who has a bill now pending before the general assembly. The explanation is this-the act of congress in relation to the volunteers allows them 50 cents for every 20 miles travel, and one day's pay. Captain Harper's company travelled about 120 miles, and have actually received therefor from the federal government about $4 50 a man. The whole bill of captain Harper's company for expenses

from Staunton to this city is $309 50, of which the state paid $232 50, and the balance is, I understand, the sum claimed by him. Captain Harper and company received for 78 men from the federal government, for their expenses from Staunton to this city, about $ 351, and which would have been more than sufficient to cover the whole amount of his bill of $309 50. But, in that spirit of liberality which seems to have governed the legislature, and which was felt by the executive, I paid the boat fare from Scottsville to this city for the whole company, amounting to $232 50, leaving unpaid only $77, being the road expenses, to be taken from the sum of $351 received from the federal government, leaving $ 274 to be distributed among the men as a gratuity. This principle was applied to all the companies, and was a most liberal construction of executive power, and was only done because many of the men arrived in this city without a dollar in their pockets.

The claim preferred from Alexandria was disallowed, because the steamboat chartered by that town to bring captain Corse's company to the landing at Acquia creek, was for the gratification of the people of that town, that they might have the opportunity of seeing their company depart in the daytime. The executive paid as much from the creek for Capt. Corse's company as was paid for the Jefferson and Berkeley companies from Washington City. The items for rations were to some extent disallowed, but settled by the executive to the satisfaction of the claimants, as it is believed.

No allowance has yet been made to the officers for the contingent expenses of raising the companies of volunteers. It is under advisement and consideration, and will be, no doubt, in conformity with what appears to be the sense of the general assembly, to some extent allowed.

Other small items disallowed from time to time, the time does not allow me to report upon-but it is not important as they have raised no question.

I would remark that the appropriation is insufficient to meet these various expenses, unless I am authorized by a resolution to settle our claim upon the federal government for payments on account of the volunteers. In that event, the fund will be ample, and a handsome surplus will, no doubt, before the next meeting of the legislature, be paid into the public treasury.

All which is respectfully submitted.

WM. SMITH.

On motion of Mr. DORMAN, Ordered, That the same be laid upon the table.

The SPEAKER announced the following as the committee to bring in the bill authorized upon the motion of Mr. CASTLEMAN on yesterday-Messrs. Castleman, Small, Thompson of Hampshire, Wall and Schooley.

On motion of Mr. BROWNE of Mathews and Middlesex, leave was granted to withdraw the petition of citizens of the county of Middlesex, relative to the courthouse of said county.

On motion of Mr. STICKLEY leave was granted to withdraw the petition of Absalom Rinker.

No. 295.* A bill supplemental to an act, entitled "an act to incorporate the Richmond and Ohio railroad company," was taken up on motion of Mr. MAYO, read a second time and ordered to be engrossed and read a third time.

The motion of Mr. MORISON which was pending when the house adjourned on yesterday, to suspend the rule for the purpose of reconsidering the vote rejecting an engrossed bill to revive the act incorporating the Winchester and Berry's ferry turnpike company, (No. 223,) was taken up, and the question being put thereupon was determined in the affirmative. Ayes 41, noes 40.

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

AYES-Messrs. Hart, Layne, Sheffey, Scruggs, Boak, Small, Thompson of Botetourt, Bennett, Morris, Fox, Street, Carson, Calwell, Lee, Lancaster, Patrick, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Oldham, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Breathed, Edgington, M'Pherson, Cackley, Fairfax, Strother, Mayo, Dorman, Morison, Stickley, Tate, Burdett, Gillespie, Castleman, Goodson and Stephenson-41.

NOES-Messrs. Finney, M'Dearmon, Johnson, Bocock, Mosby, Dickinson, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie, Roane, Stillman, Carper, Jones of Gloucester, Leake, Carroll, Major, Stovall, Hiett, Thompson of Hampshire, Darracott, Wallace, Gaines, Robinson, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Waggoner, Watts, Happer, Yerby, Nelms, Oliver, Tatum, Cocke, Goodwin, Holladay, Hargrave, Freeman and Chandler-40.

The question recurred again upon the passage of the bill and was determined in the negative. Ayes 40, noes 45.

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

AYES-Messrs. Layne, Sheffey, Johnson, Scruggs, Boak, Small, Thompson of Botetourt, Bennett, Bambrick, Morris, Street, Carson, Calwell, Lee, Lancaster, Patrick, Richmond, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Oldham, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Breathed, Edgington, M'Pherson, Cackley, Fairfax, Strother, Mayo, Dorman, Morison, Stickley, Tate, Burdett, Gillespie, Castleman, Goodson and Stephenson-40.

NOES-Messrs. Finney, Powell, M'Dearmon, Bocock, Mosby, Fox, Dickinson, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie, Chisman, Roane, Stillman, Carper, Jones of Gloucester, Leake, Carroll, Major, Stovall, Hiett, Thompson of Hampshire, Darracott, Wallace, Gaines, Robinson, Ballard, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Waggoner, Newton, Watts, Happer, Yerby, Oliver, Tatum, Syme, Cocke, M'Elhenney, Goodwin, Holladay, Hargrave, Freeman and Chandler-45.

Resolved, That said bill be rejected.

On motion of Mr. HAYMOND leave was given to withdraw the petition of Peter Haught, presented at the session of the general assembly in 1845.

Mr. SHEFFEY presented a petition of citizens of the county of Augusta, praying that a poll may be opened at the next spring election to take the sense of the freeholders of the county of Augusta on the question whether the county court of said county shall subscribe for stock in the Staunton and James river turnpike company to an amount not exceeding $ 23,000, which on his motion was ordered to be laid upon the table.

On motion of Mr. OLDHAM leave was granted to withdraw the petition of Horatio G. M'Lane.

On motion of Mr. CACKLEY leave was granted to withdraw the petition of Lucy D. Roe, presented to the general assembly in 1834.

On motion of Mr. HART leave was granted to withdraw the petitions of David Keblinger and of John D. Garrett and others.

The following engrossed bills were read a third time and passed, viz:

No. 239. A bill authorizing the appointment of inspectors at Howardsville, in the county of Albemarle. No. 240. A bill incorporating the Kanawha salt company.

No. 241. A bill authorizing the payment of a certain sum of money to William C. Adams.

No. 242. A bill establishing inspections of lime in the City of Richmond and town of Petersburg.

No. 243. A bill to prevent the authorities of the City of Richmond from laying and collecting a tax upon the bales of hay sent by the farmers of the state to said city.

No. 244. A bill to amend the act, entitled "an act to authorize the opening a new street in the town of Petersburg," passed March 23d, 1836.

No. 246. A bill incorporating the Alexandria savings institution in the town of Alexandria.

No. 247. A bill concerning the City Point railroad company.

No. 248. A bill concerning suits against trustees of religious congregations.

No. 249. A bill releasing the commonwealth's right to a certain lot of land therein mentioned to Nancy Thompson.

No. 250. A bill to extend the remedy for the collection of taxes in the town of Portsmouth.

No. 251. A bill incorporating Charity lodge No. 27 of the Independent order of Odd Fellows of the town of Warrenton, Fauquier county.

No. 252. A bill incorporating Wildey lodge No. 11 of the Independent order of Odd Fellows of Charlestown in the county of Jefferson.

No. 253. A bill authorizing the payment of a sum of money to captain Edward C. Carrington.
No. 254. A bill authorizing the payment of a certain sum of money to Samuel Patterson.

[ocr errors]

No. 256. A bill to increase the capital stock of the Cacapon and North branch turnpike company.
No. 257. A bill to amend the act, entitled "an act incorporating the Ohio coal mining company.'
No. 259. A bill concerning state loans.

No. 260. A bill repealing the act, entitled "an act authorizing a separate election at the house of Mrs. Prudence Perkinson in the county of Prince Edward."

No. 261. A bill incorporating the Alexandria and Harper's Ferry railroad company.

No. 263. A bill to incorporate the Rappahannock steamboat company.

No. 264. A bill increasing the salary of the second clerk in the register's office. The title to this bill was amended, and as amended was agreed to as follows: "An act increasing the salaries of the second clerks in the register's and treasurer's offices."

No. 265. A bill authorizing the sale of certain lands held by Howard F. Thornton.

No. 268. A bill allowing further time to owners of lots in the town of Lewisburg in Greenbrier county to build on and improve the same.

No. 269. A bill concerning A. W. Mills.

No. 270. A bill increasing the salary of the clerk of the council of state.

No. 272. A bill supplementary to the act incorporating the Monongahela navigation company.

No. 273. A bill authorizing David Corprew of Princess Anne county to erect bridges across Long creek and Lynhaven inlet in said county, and for other purposes.

No. 274. A bill to incorporate the Virginia hotel company in the town of Staunton.

No. 275. A bill authorizing the taking of the depositions of distant witnesses.

No. 276. A bill authorizing the general court to rearrange the judicial circuits in this commonwealth.

No. 277. A bill authorizing the payment of a certain sum of money to William T. Simmons.

No. 278. A bill authorizing the payment of a certain sum of money to captain Kenton Harper.

No. 279. A bill to incorporate the Lynchburg and Botetourt iron company.

No. 280. A bill authorizing an addition to the boring mill at the armory.

No. 281. A bill incorporating Loudoun lodge No. 26 of the Independent order of Odd Fellows in the town of Leesburg.

No. 282. A bill extending the limits of the town of Lexington in the county of Rockbridge.

No. 284. A bill supplementary to the act passed February 18th, 1813, to establish a turnpike road from a point on the Leesburg turnpike road to the District of Columbia.

No. 285. A bill to revive and amend the act, entitled "an act incorporating a company to erect a tollbridge over the Ohio river at Wheeling," passed February 17th, 1816, and the act amendatory of said act, passed March 10th, 1836.

No. 286. A bill authorizing the trustees of Watson town or Capon springs to acquire and hold an additional quantity of lands.

No. 287. A bill providing for the preservation and use of the standard weights and measures received from the general government.

No. 288. A bill concerning the taking of oysters from Wilson's creek in Gloucester county.

No. 289. A bill for the relief of James L. Campbell.

No. 291. A bill changing the place of holding a separate election in each of the counties of Franklin, Washington, Rappahannock, Accomack and Morgan.

No. 295. A bill to authorize the county court of King George to levy a certain amount for the purposes of education.

No. 297. A bill providing for taking the sense of the citizens of Gilmer county upon the selection of a site for the seat of justice for said county.

No. 298. A bill refunding to Simeon West a certain sum of money.

No. 299. A bill to incorporate the Virginia mining and smelting copper company.

No. 300. A bill to incorporate the Shockoe iron and nail manufacturing company of Richmond; and

No. 301. A bill to constitute a portion of the Rappahannock river a lawful fence.

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

« ZurückWeiter »