A motion was made by Mr. M'PHERSON, that the house take up the resolution submitted by him on yesterday, relative to the call of a convention to amend the state constitution, and it was determined in the negative. Ayes 55-noes 72. On motion of Mr. M'PHERSON, the vote was recorded as follows: AYES-Messrs. Custis, Finney, Layne, Powell, Sheffey, Johnson, Byrd, Small, Bambrick, Love, Evans, Carper, Wall, Carson, Carroll, Calwell, Majors, Stovall, Hiett, Thompson of Hampshire, Lee, Duncan, Dillard, Hunter, Thompson of Jefferson, Schooley, M'Intyre, Banks, Haymond, Oldham, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Perrow, Edgington, M'Pherson, Tatum, Newman, Cackley, Fairfax, Tyler, Sturm, Cook, Bare, Brown of Rockingham, M'Elhenney, Hill of Shenandoah, Stickley, Tate, Fitzhugh, Gillespie, Castleman, Goodson and Floyd-55. NOES-Messrs. Goode, (speaker,) Brown of Albemarle, Hart, M'Dearmon, Scruggs, Burwell, Thompson of Botetourt, Bennett, Maclin, Bocock, Morris, Mosby, Fox, Dickinson, Cardwell, Jones of Chesterfield, Slaughter, Thompson of Dinwiddie, Chisman, Roane, Scott, Smith, Hill of Fayette and Nicholas, Stillman, White, Jones of Gloucester, Leake, Walker, Darracott, Lancaster, Godwin, Howard, Patrick, Wallace, Gaines, Robinson, Gresham, Richmond, Harrison of Loudoun, Poindexter, Edmondson of Lunenburg, Browne of Mathews and Middlesex, Waggoner, Williams, Kelly, Newton, Watts, Happer, Yerby, Nelms, Oliver, Davis, Syme, Lanier, Tunstall, Cocke, Stone, Anderson, Daniel, Strother, Mayo, Harper, Dorman, Morison, Goodwin, Holladay, Hargrave, Freeman, Burdett, Horner, Chandler and Stephenson-72. On motion of Mr. ANDERSON, Resolved, That the committee for courts of justice enquire into the expediency of repealing or modifying the law granting bail of right in actions of debt, detinue and covenant. On motion of Mr. ANDERSON, Resolved, That the committee of schools and colleges enquire into the expediency of converting the armory into a military school. On motion of Mr. TUNSTALL, Resolved, That so much of the governor's message as relates to the bonds of the commonwealth held by the Literary fund, and advising that the same be cancelled, be referred to the committee of finance. On motion of Mr. TUNSTALL, the number of the committee of roads and internal navigation was ordered to be increased to fifteen members. On motion of Mr. BURWELL, Resolved, That the committee of schools and colleges be instructed to enquire into the expediency of extending the time within which the several counties in this commonwealth shall adopt the provisions of an act amending the present primary school system, passed 5th March 1846, as well as such other amendments to the said law as it may deem necessary. On motion of Mr. IRVING, Resolved, That the committee for courts of justice enquire into the expediency of amending the act, entitled "an act concerning the administration of real assets," passed the 17th of March 1842. On motion of Mr. CARROLL, leave was granted to citizens of the county of Grayson to withdraw their petition presented at the last session of the general assembly for a removal of the seat of justice of said county. On motion of Mr. JOHNSON, leave was granted to citizens of the county of Augusta to withdraw their petition presented in like manner, for a change in the jury system as applicable to said county. On motion of Mr. DANIEL, leave was granted to Richard D. Sanxay to withdraw his petition proposing to furnish the commonwealth with a revised edition of Hening's Justice. On motion of Mr. EDGINGTON, leave was granted to withdraw the petitions of the trustees of West Liberty academy, presented at the last session of the general assembly. On motion of Mr. PATRICK, leave was granted to withdraw the remonstrance of citizens of the county of Cabell, against the formation of a new county of parts of the counties of Cabell, Kanawha and Mason; thereupon he again presented the same, and it was ordered to be referred to the committee of propositions and grie vances. Mr. STEPHENSON presented two petitions of citizens of the county of Harrison, asking legislative aid to the Northwestern Virginia academy. And Mr. DUNCAN a similar petition of other citizens of the same county. Mr. DANIEL a petition of citizens of the county of Prince George, for an act of incorporation for an Eclectic medical institute, to be established at the town of Petersburg. Ordered, That the said petitions be referred to the committee of schools and colleges. Mr. STOVALL presented a petition of Stephen Kent, administrator of Nicholas Cole, deceased, praying to be relieved from the payment of a sum of money claimed by the president and directors of the Literary fund. Mr. BARE a petition of Reuben Dove, asking payment of a debt due him from the Literary fund in the year 1842. Ordered, That the said petitions be referred to the committee of claims. Mr. MORRIS presented a memorial of citizens of the county of Kanawha, remonstrating against the formation of a new county out of parts of the counties of Kanawha, Mason and Cabell. Mr. BENNETT presented ten memorials of citizens of the county of Lewis, remonstrating against the formation of a new county out of parts of the counties of Lewis, Randolph and Barbour, Also two memorials of citizens of the said county of Lewis, residing within the bounds of said proposed new county, remonstrating against the same. Mr. SCOTT presented petitions of citizens of the counties of Loudoun and Fauquier, praying for the forma tion of a new county out of parts of said counties. Ordered, That said petitions and memorials be referred to the committee of propositions and grievances. Mr. BENNETT presented four petitions, for the incorporation of a company to construct a railroad from some point on the waters of the Potomac to some point on the Ohio river, not further south than the mouth of the Little Kanawha river. Mr. DUNCAN two similar petitions of citizens of the county of Harrison. Ordered, That the said petitions be referred to the committee of roads and internal navigation. Mr. DUNCAN presented a petition of citizens of the county of Lewis, for the establishment of a town in said county by the name of Jacksonville; which was ordered to be referred to the committee of propositions and grievances. Mr. STROTHER presented a petition of Catharine Hillary, asking to be divorced from her husband William Hillary. Mr. MORISON a petition of Hiram Kilgore of the county of Scott, asking the passage of an act to allow the said Kilgore and James Payne to take the depositions of sundry citizens of Virginia, to be read in evidence in a suit now pending in the circuit court of Russell county, in which the said Kilgore is plaintiff and the said Payne defendant. Ordered, That said petitions be referred to the committee for courts of justice. SATURDAY, DECEMBER 12, 1846. A communication from the senate, by their clerk, was read as follows: IN SENATE, DECEMBER 11, 1846. The senate have adopted a resolution for a recess of that body from Wednesday the 16th instant to Wednes day the 6th of January next, in which they request the concurrence of the house of delegates. The said resolution was read as follows: Resolved, That when the senate adjourns on Wednesday the sixteenth instant, it will, with the concurrence of the house of delegates adjourn until Wednesday the sixth of January next. A motion was made by Mr. STOVALL to amend the same by striking therefrom the words "Wednesday the sixteenth" and inserting in lieu thereof the words "the nineteenth," and then on motion of Mr. DORMAN, the said resolution and amendment were ordered to be laid upon the table. Mr. Bocock, from the committee for courts of justice, presented reports rejecting the petitions of Lucinda Hughes, of Amanda Gosling and James R. Jones, each praying for a divorce, which were subsequently read, and on motions of Messrs. BURDETT, CALWELL and STEPHENSON were severally laid upon the table. Mr. Bocock, from the same committee, presented the following bills: No. 5. A bill concerning offenders against the act to amend an act, entitled "an act to suppress duelling ;" and No. 6. A bill authorizing the independent order of Odd Fellows of Norfolk City to hold a limited amount of property. The said bills were severally read the first and ordered to be read a second time. Mr. JONES of Chesterfield, from the committee of finance, presented a report, which was read and agreed to as follows: The committee of finance have had under consideration the petition of Seaton B. Rousey and other citizens of Fayette county, asking that said Rousey be exempted from certain taxes, and have come to the following resolution thereupon: Resolved, That the prayer of said petition be rejected. Mr. WATTS, from the committee on the militia laws, presented the following bill: No. 7. A bill providing for the appointment and commissioning of the field and company officers of the Virginia regiment of volunteers called into the service of the United States, which was read the first and ordered to be read a second time. No. 2. An engrossed bill changing the times of holding the terms of the county court of Wetzel, was read a third time and passed. No. 4. An engrossed bill to incorporate the Clarksville savings bank, was also read a third time and passed. Ordered, That the clerk communicate the said bills to the senate and request their concurrence. The SPEAKER laid before the house a communication from the second auditor, which was read as follows: SECOND AUDITOR'S OFFICE, 12th DECEMBER 1846. SIR,-In conformity to law, I have the honour to transmit here with for the use of the house of delegates, 134 printed copies of the 31st annual report of the Board of public works, to the general assembly. Annexed to the same will be found my report of the accounts of the Fund for internal improvement for the last fiscal year, and a statement of the debt and resources of the commonwealth. I am, with very great respect, your most obedient servant, The honourable the Speaker of the House of Delegates. J. BROWN, Jr. Second Auditor. On motion of Mr. STOVALL, the same was ordered to be laid upon the table. On motion of Mr. STROTHER, Resolved, That the committee of roads and internal navigation enquire into the expediency of so amending the acts amending the charter of the Rappahannock company as to constitute the stock of said company personal, instead of real estate, to make effectual equitable sales and transfers of said stock, and to provide for an efficient organization of said company. On motion of Mr. Fox, Resolved, That the committee of schools and colleges be instructed to enquire into the expediency of so amending the law amending the primary school system, passed March 5, 1846, as to authorize the county and corporation courts to enlarge or reduce the number of districts in their respective counties and corporations, from time to time as may be expedient. On motion of Mr. CARSON, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of authorizing Samuel F. B. Morse and his associates, proprietors of Morse's electro magnetic telegraph, to extend said telegraph along the public works and highways in this commonwealth. On motion of Mr. Bocock, Resolved, That the revision and digest of the Criminal Code heretofore printed, be referred to the committee for courts of justice, with instructions to report the same with such amendments, if any, as to them shall seem proper. On motion of Mr. PERROW, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of amending the act of the last session, incorporating the Howardsville and Rockfish turnpike company, so as to increase their capital stock, and extend said road to the forks above Martin's mill, to erect tollgates on every five miles, and to prevent delays in the construction of said road during any contest with landholders, by giving security for the payment of all costs and damages which may finally be awarded to them. On motion of Mr. HUNTER, Resolved, That John M. Patton and Conway Robinson, Esqs. appointed by the act of February 20th, 1846, to revise and digest the Civil Code of this commonwealth, be respectfully requested to inform this house, at their earliest convenience, what progress they have made in the performance of the duties devolved upon them by the act aforesaid; whether the general assembly may expect to receive the Code as revised and digested by them during the present session; and if so, at what period of the session. And further in the event of their having performed that duty only in part, whether in their opinion it be not expedient to report, at once, so much of their work as may be completed, in order that it may be acted on during the present session. On motion of Mr. KELLY, Resolved, That the committee for courts of justice enquire into the expediency of allowing the sheriffs of this commonwealth to make a biennial instead of an annual return of lands delinquent for the nonpayment of taxes. On motion of Mr. HAYMOND, Resolved, That the committee of finance be directed to enquire into the propriety of appointing an additional commissioner of the revenue in the county of Marion. On motion of Mr. THOMPSON of Jefferson, Resolved, That the committee for courts of justice enquire into the expediency of authorizing the sheriffs to collect the fees for chancery orders of publication as other fees are collected by them. On motion of Mr. Bocock, Resolved, That the committee for courts of justice enquire into the expediency of changing the times of holding the circuit superior courts of law and chancery for the counties of Cumberland, Campbell and Appomattox, and of the town of Lynchburg; also the time of holding the county courts of the county of Appomattox. Ordered, That Messrs. Lancaster, and Jones of Gloucester, be added to the committee of roads and internal navigation. On motion of Mr. MORISON, Ordered, That the committee for courts of justice be discharged from the consideration of the petition of Hiram Kilgore, and the petitioner was authorized to withdraw the same. On motion of Mr. NEWTON, leave was granted to withdraw the petition of Michael La Vest, presented at the session of the general assembly in 1843. On motion of Mr. MAYO, Resolved, That the committee of roads and internal navigation enquire into the expediency of authorizing by law the Richmond, Fredericksburg and Potomac railroad company to construct an electric telegraph between Richmond and Washington. Mr. STOVALL presented documents to accompany the petition of Stephen Kent, which were ordered to be referred to the committee of claims. Mr. HAYMOND presented a petition of William S. Griffin, to be released from the payment of a fine assessed against him by the judgment of the circuit superior court of law and chancery for Harrison county, which was also referred to the same committee. Mr. TYLER presented a petition of the president and directors of the Bank of Potomac in the town of Alexandria, asking for the passage of an act granting a charter to said bank. Also a petition of the president and directors of the Farmers Bank of Alexandria, asking the passage of an act to charter that bank. And a petition of citizens of the town of Alexandria, in favour of granting charters to the said Bank of Potomac and Farmers Bank of Alexandria. Mr. SMITH presented two similar petitions of citizens of the county of Fauquier. Mr. SCOTT two other petitions of citizens of the same county upon the same subject. Mr. Love two similar petitions of citizens of the county of Fairfax. Mr. HARRISON of Loudoun a similar petition of citizens of the counties of Loudoun and Fauquier, and one from other citizens of the county of Loudoun. Mr. TYLER also presented a petition of citizens of the town of Alexandria, asking for the incorporation of a company for the manufacture of cotton. Mr. Love also presented a petition of citizens of the county of Alexandria, for the establishment of a separate election in said county. Ordered, That said petitions be referred to the select committee on the subject of the retrocession of the town and county of Alexandria to the state of Virginia. Mr. PATRICK presented a petition of citizens of the county of Kanawha, for the formation of a new county out of parts of the counties of Kanawha, Mason and Cabell. Mr. BURDETT a petition of citizens of the county of Taylor, for the establishment of a separate election at the town of Knottsville in said county. Mr. HORNER a petition of citizens of the county of Wetzel, to establish a separate election at the house of Henry Church, sr. on Church's fork of Fish creek in said county. And a petition of other citizens of said county, for the establishment of another separate election at the house of Michael Morris, at the head of Linn camp run of Fish creek in said county. Mr. HARRISON of Loudoun presented two memorials remonstrating against the formation of a new county out of parts of Loudoun and Fauquier, having Upperville for its seat of justice, and setting forth that if a new county is to be formed out of said counties, it should embrace a corner of Prince William county, with Middleburg as the county seat. Also a petition of citizens of the county of Prince William, asking to be included within the bounds of said new county if formed, with Middleburg as the county seat. Ordered, That the said petitions be referred to the committee of propositions and grievances. Mr. SHEFFEY presented a petition of Alexander H. H. Stuart, Thomas J. Randolph and William Kinney, a committee appointed by a convention of delegates from various counties of the state to prepare a memorial praying an extension of the James river canal and of the Louisa railroad into the valley of Virginia. Mr. PERROW a petition of citizens of Albemarle and Nelson for a survey of a route for a M'Adamized road from Howardsville to Staunton. Mr. DUNCAN a petition of citizens of the county of Randolph, asking an appropriation for the construction of a bridge over the Valley river at Huttonsville on the Staunton and Parkersburg road. Ordered, That the said petitions be referred to the committee of roads and internal navigation. Mr. HOWARD presented a petition of the school commissioners of the county of York, praying that that county be exempted from the operation of the law of the 5th of March 1846, amending the primary school system, and for other purposes. Mr. BURDETT a petition of citizens of Harrison, Barbour and Taylor counties for the endowment of the Northwestern Virginia academy at Clarksburg. Ordered, That the said petitions be referred to the committee of schools and colleges. On motion of Mr. STEPHENSON, the house adjourned until Monday 12 o'clock. MONDAY, DECEMBER 14, 1846. A communication from the senate by their clerk, was read as follows: IN SENATE, DECEMBER 11, 1846. The senate have agreed to the resolution for the election of a judge of the court of appeals, and to the resolution for the election of a senator to the congress of the United States. On motion of Mr. GAINES, Resolved, That the committee for courts of justice be instructed to report bill No. 290 on the journal of the last session, changing the times of holding certain courts in the fourth judicial circuit, with such amendments if any, as the said committee may deem proper. On motion of Mr. YERBY, Resolved, That the committee of schools and colleges be instructed to enquire into the expediency of appropriating the additional sum of fifty thousand dollars annually from the public treasury for the support of the primary schools of the state. On motion of Mr. Bocock, Ordered, That the committee for courts of justice be discharged from the consideration of the memorial of a portion of the citizens of the county of Alexandria, protesting against its retrocession to the state of Virginia, and that the same be referred to the select committee upon subjects relating to the city and county of Alexandria. No. 5. A bill concerning offenders against the act to amend an act, entitled "an act to suppress duelling ;" and No. 6. A bill authorizing the Independent order of Odd Fellows of Norfolk City to hold a limited amount of property, were severally read a second time and ordered to be engrossed and read a third time. No. 7. A bill providing for the appointment and commissioning of the field and company officers of the Virginia regiment of volunteers called into the service of the United States, was read a second time, amended on motions severally made, and as amended ordered to be engrossed and read a third time. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bill: No. 8. A bill providing for the payment of interest due by the James river and Kanawha company on the 1st day of January 1847, which was subsequently read the first, and the rule of the house having been suspended on motion of Mr. STOVALL, the second time and ordered to be engrossed and read a third time. Mr. Bocock, from the committee for courts of justice, presented reports rejecting the petitions of Paulina P. Wright and of Henrietta Briscoe, each praying to be divorced from their husbands, which reports were subsequently read, and on motions made by Mr. PERROW, and by Mr. THOMPSON of Jefferson, were severally laid upon the table. Mr. Bocock, also from the same committee, presented the following bills, which were subsequently read the first and ordered to be read a second time, viz: No. 9. A bill divorcing Abraham George Leatherman from his wife Mary Ellen; and No. 10. A bill concerning emancipated slaves. Mr. DANIEL presented a petition of R. D. Sanxay, for the passage of an act authorizing him to furnish to the state a new edition of Hening's Justice and to pay him for the same. Mr. HOLLADAY a petition of Helen A. W. Hamilton, praying to be divorced from her husband Robert S. Hamilton. On motion of Mr. GOODWIN, leave was granted to withdraw the petition of Polly Smith, for authority to appoint a trustee in the state of Alabama, which was presented at the last session of the general assembly; thereupon, he again presented the same. Mr. JOHNSON presented a petition of citizens of the county of Augusta, praying for a change of the jury system in this commonwealth. Mr. DUNCAN a petition of members of the bar practising in the court of appeals held at Lewisburg, praying that the future sessions of that court may be held at the White Sulphur springs in the county of Greenbrier. Mr. CALWELL a memorial of certain attorneys practising in the said court of appeals at Lewisburg, remonstrating against the removal of said court to the White Sulphur springs. Mr. SHEFFEY a petition of citizens, justices of the peace, and members of the bar of Augusta, praying that some measure may be adopted to equalize the burdens of the judges, or to increase the salary of the judge of the 12th circuit. Ordered, That the said petitions be referred to the committee for courts of justice. Mr. WATTS presented a petition of citizens of the town of Portsmouth, praying that the lease of the Portsmouth and Roanoke railroad may be continued to the trustees of said town for a term of years, with the privilege of finally purchasing said road. Mr. STEPHENSON presented the proceedings of the Weston railroad convention, praying for the passage of an act to incorporate a company to construct a railroad from some point on the Potomac river, above the mouth of the South branch thereof, to a point on the Ohio river not farther south than the mouth of the Little Kanawha river. |