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Also four similar memorials of citizens of the county of Wood.

Mr. SYME presented resolutions of the directors of the Petersburg railroad company, asking authority to raise by loan or to increase their capital stock to a sum not exceeding $500,000, for the purpose of subscribing to the stock of any company that may be chartered by the legislature of North Carolina for extending either the Wilmington and Raleigh railroad or the Raleigh and Gaston railroad.

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

Mr. BYRD presented a petition of citizens of the counties of Bath and Pendleton, for the establishment of a new county out of parts of said counties.

Mr. STURM a memorial of citizens of the county of Barbour, remonstrating against the formation of a new county out of parts of Barbour county and the adjoining counties, with the county seat at Buchanan town.

Mr. FLOYD several petitions of citizens of the county of Smyth and of the county of Wythe, for the formation of a new county out of parts of the counties of Wythe, Smyth and Tazewell.

Mr. BURWELL a memorial of citizens of the county of Logan, remonstrating against the formation of a new county out of parts of the counties of Logan, Fayette and Kanawha.

Mr. COCKE a petition of citizens of the county of Powhatan, for a reduction of the tolls on the Manchester turnpike.

Mr. NEWTON a petition of the corporate authorities of the City of Norfolk, praying for certain amendments to their charter, giving power to erect a city hall on the public square of said city, and to open a street on the southern boundary of said square.

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

Mr. PATRICK presented a petition of Wiley P. Woods, praying to be relieved from the payment of certain damages imposed on the sheriff of the county of Kanawha, which was ordered to be referred to the committee of claims.

Mr. DORMAN presented a petition of the president and professors of Washington college, and the superintendent and professors of the Virginia military institute, asking the imposition of additional penalties on the venders of spirituous liquors to students of the colleges and academies of this commonwealth.

Mr. STURM a petition of citizens of the county of Harrison, asking for an appropriation to endow the Northwestern Virginia academy.

Ordered, That the said petitions be referred to the committee of schools and colleges.

Mr. SHEFFEY presented a petition of the administrator of Peter Moore, asking for an appropriation to satisfy his judgment for half pay as a captain in the revolutionary war, which was ordered to be referred to the committee of finance.

On motion of Mr. MAYO, Resolved, That the superintendent of public edifices be, and he is hereby authorized to employ a suitable person to attend to the furnaces below this hall, and to the raising of the flag.

On motion of Mr. DORMAN, the rule of the house was suspended and the following engrossed bill was taken up:

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; the same was then read a third time and passed, and it was ordered that Mr. WATTS carry the same to the senate and request their concurrence.

The SPEAKER laid before the house a communication from the second auditor, enclosing the report of the rector and visitors of the University of Virginia for the year ending 29th June 1846, which on motion of Mr. Fox was laid upon the table and ordered to be printed. [Doc. No. 8.]

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

TUESDAY, DECEMBER 15, 1846.

The following communications from the senate by their clerk, were read:

The senate have passed the bill, entitled

IN SENATE, DECEMBER 12, 1846.

“An act authorizing the Literary society of Romney to establish and endow a seminary." (No. 3.)

IN SENATE, DECEMBER 14, 1846.

The senate have passed the bill, entitled "An act 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," with an amendment, in which they request the concurrence of the house of delegates.

On motion of Mr. Bocock, the said bill and amendment were laid upon the table.

The SPEAKER laid before the house a communication from the governor, which was read as follows:

To the General Assembly.

EXECUTIVE DEPARTMENT, DECEMBER 15, 1846.

The duties of the adjutant general have been greatly increased since the requisition upon this state in May last, and now that a regiment is organizing for the field, it is indispensable that he should have some assistance until the regiment shall be finally turned over to the United States. I submit the propriety therefore of authorizing such temporary aid to that officer as the executive may find to be necessary. I have the honour to be, very respectfully,

WM. SMITH.

On motion of Mr. STOVALL, Ordered, That the said communication be referred to the committee on the militia laws.

The SPEAKER also submitted a communication from John M. Patton and Conway Robinson, Esqs. which was read as follows:

RICHMOND, 14th DECEMBER 1846. SIR,-The clerk of the house of delegates has furnished to us a copy of a resolution which was adopted by that body on Saturday the 12th instant.

By that resolution the undersigned are requested to inform the house, what progress we have made in the performance of the duties devolved on us (by the act of the general assembly of the 20th February 1846,) of revising and digesting the Civil Code of the commonwealth.

Whether the general assembly may expect to receive the Code, (as revised and digested by us,) during the present session, and further if we have performed the duty only in part, whether in our opinion it is not expedient to report at once, so much of our work as may be completed, in order that it may be acted on during the present session.

We lose no time in complying with the request contained in said resolution, and have the honour to state, and through you, to inform the house of delegates,

In the first place, that we have made some progress in the performance of the duties devolved on us by the act of assembly, referred to in the resolution.

We have been diligently and laboriously engaged in the examination of the laws to be digested, and have prepared a number of revised statutes which we propose to recommend as part of the new Code.

The extent of our progress can only be satisfactorily made known by the report which we expect very soon to be able to make as hereinafter stated.

In answer to the second enquiry contained in the resolution, we have to say, that we have not now and at no time have had any expectation of being able to complete the revision and digest of the whole Civil Code, during the present session of the assembly.

In reference to the remaining enquiry, we reply, that we have no doubt of the expediency and propriety of reporting to the legislature during its present session, such portion of our work as we have completed. It has always been our intention to do so as soon as it could be printed. Some of the revised statutes prepared by us have been already printed, and others were in the course of being printed, when on the near approach of the session of the general assembly the printing of them was suspended, in consequence of the necessity the public printer was under of doing other public work, which it was necessary for him immediately to perform. In the meantime we have finished the preparation of other statutes which we think it desirable should accompany our report. We understand that the public printer, relieved from the pressure of other public engagements, will be able forthwith to resume the printing of the revised statutes.

As soon as that portion of our work which has been completed, and such as is in an advanced state of preparation shall be printed, we shall lay it before the legislature, in order that such action may be taken on the subject as may seem to it necessary or proper.

It was our wish and intention to have presented our report and such portion of the work as we expected to have been then ready at the commencement of the session. It is obviously desirable that along with the explanations of our plan and statement of our views of the mode of executing the work, such a portion of the work itself should be placed before the legislature, as would enable it to understand and judge both as to the general scheme itself, and the manner in which it may be probable it will be accomplished by those to whom it has been entrusted.

Too small a portion of the work, however, for the reason already stated, was printed at the time of the meeting of the assembly, fully to answer that purpose. We have, therefore, deemed it best to defer our report until the rest of the bills which have been, or are nearly prepared, are in a condition to accompany the report, and be laid before the legislature along with it.

This, we hope, may be done in a short time. Probably in two or three weeks.
We have the honour to be, very respectfully, your ob't serv'ts,

To WILLIAM O. GOODE, Esq. Speaker of the House of Delegates.

JNO. M. PATTON,

CON. ROBINSON.

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

On motion of Mr. Bocock, Ordered, That the committee for courts of justice be discharged from the consideration of the resolution instructing them to 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, and that the same be referred to the committee of finance.

Mr. Bocock, from the same committee, presented a report on the expediency of authorizing sheriffs to collect the fees for chancery orders of publication as other fees are collected; and the following bill: No. 11. A bill concerning divorces.

Mr. ANDERSON, from the committee of schools and colleges, presented the following bill:

No. 12. A bill to incorporate the directors of the Scientific and Eclectic medical institute.

Mr. BANKS, from the committee of propositions and grievances, presented the following bills:

No. 13. A bill authorizing two separate elections in the county of Wetzel; and

No. 14. A bill changing the place of holding a separate election in each of the counties of Botetourt and Southampton.

Mr. JONES of Chesterfield, from the committee of finance, presented a report upon the petition of Ira Jeter. On motion of Mr. HOLLADAY, Ordered, That the committee of claims be discharged from the consideration of the petitions of Edwin C. Blankinship and of Reuben Dove, and that the same be referred to the committee of schools and colleges; and from the petition of Robert T. Ashby, and that said petition be referred to the committee on the militia laws.

Mr. DAVIS, from the committee on agriculture and manufactures, presented the following bill:

No. 15. A bill to incorporate the Manakin iron company in the county of Goochland.

A message was received from the senate by Mr. WOOLFOLK, who informed the house that the senate had adopted a resolution "that the house of delegates be respectfully requested to return to the senate, a bill, entitled "an act 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."

On motion of Mr. WATTS, Ordered, That the clerk deliver to the clerk of the senate the said bill in accordance with the request of the senate.

The house, according to the joint order of the day, proceeded by joint vote with the senate to the election of a judge of the court of appeals, to supply the vacancy occasioned by the death of Robert Stanard, Esq.; thereupon Mr. STOVALL nominated William Daniel; Mr. SLAUGHTER nominated William Green; Mr. SYME nominated James H. Gholson; Mr. HOLLADAY nominated Richard C. L. Moncure; Mr. LEE nominated James Marshall; and Mr. TUNSTALL nominated James M. Whittle; and the senate having been informed thereof by Mr. STOVALL, and no person having been added to the nomination in that house, the vote was recorded as follows:

For William Daniel-Messrs. Layne, Powell, M'Dearmon, Byrd, Scruggs, Thompson of Botetourt, Bennett, Bambrick, Bocock, Morris, Fox, Jones of Chesterfield, Hill of Fayette and Nicholas, Evans, Street, Carper, White, Leake, Carroll, Calwell, Majors, Stovall, Hiett, Thompson of Hampshire, Dillard, Godwin, Richmond, Ballard, Edmondson of Lunenburg, Williams, Beirne, Edmundson of Montgomery and Pulaski, Kelly, Perrow, M'Pherson, Tatum, Newman, Cackley, Fairfax, Sturm, Cook, Bare, Brown of Rockingham, Morison, Hill of Shenandoah, Stickley, Tate, Gillespie, Goodson and Floyd-50.

For William Green-Messrs. Brown of Albemarle, Mosby, Lacy, Slaughter, Irving, Scott, Lancaster, Howard, Wallace, Gresham, Oldham, Brown of Monongalia, Newton, Watts, Edgington, Davis, Strother, M’Elhenney, Burdett and Horner-20.

For James H. Gholson-Messrs. Goode, (speaker,) Maclin, Harrison of Brunswick, Thompson of Dinwiddie, Walker, Oliver, Syme, Daniel, Goodwin, Hargrave and Freeman—11.

For Richard C. L. Moncure-Messrs. Dickinson, Chisman, Smith, Carson, Jones of Gloucester, Gaines, Banks, Nelms, Tyler, Harper, Holladay, Fitzhugh, Castleman and Chandler-14.

For James Marshall-Messrs. Finney, Hart, Sheffey, Johnson, Burwell, Boak, Small, Cardwell, Roane,
Love, Stillman, Wall, Darracott, Lee, Duncan, Hunter, Thompson of Jefferson, Patrick, Harrison of Loudoun,
Schooley, M'Intyre, Haymond, Waggoner, Breathed, Happer, Yerby, Stone, Dorman and Stephenson-29.
For James M. Whittle-Messrs. Lanier and Tunstall-2.

For George P. Scarburg-Mr. James W. Custis-1.
For John Robertson-Messrs. Harvie, Cocke and Mayo-3.
For Willis P. Bocock-Messrs. Robinson and Anderson-2.
For John M. Patton-Mr. Poindexter-1.

Ordered, That Messrs. Stovall, Slaughter, Syme, Holladay, Lee, Cook, Strother, Scott, Harvie, Tunstall and Hunter be a committee to act jointly with a committee of the senate to ascertain the joint vote, and Mr. STOVALL reported that vote to be, for William Daniel 61; for James Marshall 35; for William Green 24; for Richard C. L. Moncure 19; for James H. Gholson 15; for James M. Whittle 3; scattering 7.

There being no election, and Mr. Whittle having been dropped under the rule of the house, Mr. SYME withdrew the name of James H. Gholson, and Mr. SLAUGHTER withdrew the name of William Green, and the senate were informed thereof by Mr. DORMAN; thereupon the vote was again recorded as follows:

For William Daniel-Messrs. Goode, (speaker,) Layne, Powell, M'Dearmon, Byrd, Scruggs, Burwell, Thompson of Botetourt, Bennett, Bambrick, Maclin, Harrison of Brunswick, Bocock, Morris. Mosby, Fox, Jones of Chesterfield, Thompson of Dinwiddie, Hill of Fayette and Nicholas, Evans, Street, Carper, Carson, White, Leake, Carroll, Calwell, Walker, Major, Stovall, Hiett, Thompson of Hampshire, Dillard, Godwin, Robinson, Richmond, Ballard, Edmondson of Lunenburg, Williams, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Kelly, Perrow, Edgington, M'Pherson, Tatum, Newman, Lanier, Tunstall, Cackley, Fairfax, Daniel, Sturm, Cook, Bare, Brown of Rockingham, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Hargrave, Freeman, Gillespie, Goodson and Floyd-67.

For James Marshall-Messrs. Custis, Finney, Brown of Albemarle, Hart, Sheffey, Johnson, Boak, Small, Lacy, Cardwell, Slaughter, Irving, Roane, Love, Stillman, Wall, Darracott, Lee, Duncan, Lancaster, Howard, Hunter, Thompson of Jefferson, Patrick, Gresham, Harrison of Loudoun, Schooley, M'Intyre, Oldham, Waggoner, Breathed, Newton, Happer, Yerby, Oliver, Syme, Cocke, Stone, Strother, Mayo, Dorman, M'Elhenney, Burdett, Horner, Chandler and Stephenson-46.

For Richard C. L. Moncure-Messrs. Dickinson, Chisman, Scott, Smith, Jones of Gloucester, Wallace, Gaines, Poindexter, Banks, Haymond, Watts, Nelms, Davis, Anderson, Tyler, Harper, Holladay, Fitzhugh and Castleman-19.

For John Robertson-Mr. Harvie-1.

The same committee ascertained the joint vote, and Mr. STOVALL reported that vote to be, for William Daniel 82; James Marshall 55; Richard C. L. Moncure 26; scattering 1.

There being no election, and Mr. LEE having withdrawn the name of James Marshall, and Mr. Moncure being dropped under the rule, he was again nominated by Mr. HOLLADAY, who informed the senate thereof: the vote was again taken and recorded as follows:

For William Daniel-Messrs. Goode, (speaker,) Hart, Layne, Powell, M'Dearmon, Johnson, Byrd, Scruggs, Burwell, Thompson of Botetourt, Bennett, Bambrick, Maclin, Harrison of Brunswick, Bocock, Morris, Mosby, Fox, Cardwell, Jones of Chesterfield, Irving, Thompson of Dinwiddie, Hill of Fayette and Nicholas, Evans, Street, Carper, Carson, White, Leake, Carroll, Calwell, Walker, Major, Stovall, Hiett, Thompson of Hampshire, Duncan, Dillard, Godwin, Richmond, Ballard, Edmondson of Lunenburg, Williams, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Kelly, Perrow, Edgington, M'Pherson, Tatum, Newman, Lanier, Tunstall, Cackley, Fairfax, Daniel, Sturm, Cook, Dorman, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Hargrave, Freeman, Burdett, Gillespie, Goodson and Floyd-74.

For Richard C. L. Moncure-Messrs. Custis, Finney, Brown of Albemarle, Harvie, Sheffey, Boak, Small, Dickinson, Lacy, Slaughter, Chisman, Roane, Love, Scott, Smith, Stillman, Jones of Gloucester, Darracott, Lee, Lancaster, Howard, Hunter, Thompson of Jefferson, Patrick, Wallace, Gaines, Robinson, Gresham, Harrison of Loudoun, Schooley, M'Intyre, Poindexter, Banks, Haymond, Oldham, Waggoner, Brown of Monongalia, Newton, Watts, Happer, Yerby, Nelins, Oliver, Davis, Syme, Cocke, Stone, Anderson, Tyler, Strother, Mayo, Harper, Holladay, Fitzhugh, Horner, Castleman, Chandler and Stephenson-58.

For James Marshall-Mr. Wall-1.

The same committee ascertained the joint vote, and Mr. STOVALL reported that vote to be, for William Daniel 92; for Richard C. L. Moncure 71; scattering 1; thereupon WILLIAM DANIEL, Esq. was declared duly elected a judge of the court of appeals to supply the vacancy occasioned by the death of Robert Stanard, Esq. On motion of Mr. Fox, the house adjourned until to-morrow 12 o'clock.

WEDNESDAY, DECEMBER 16, 1846.

Mr. SCOTT, from the committee for courts of justice, presented the following bills:

No. 16. A bill allowing compensation to pollkeepers; and

No. 17. A bill to amend an act concerning the administration of real assets.

On motion of Mr. GILLESPIE, Resolved, That the committee of roads and internal navigation enquire into the expediency of appropriating ten thousand dollars to the construction of a road from the Richlands in the county of Tazewell, down the Louisa fork of Sandy river to the state line.

Ón motion of Mr. FAIRFAX, Resolved, That the committee of roads and internal navigation be directed to report the bill before the house at the last session, No. 69, entitled "an act for the completion of the Kingwood and Evansville road," with such amendments as they may think expedient.

On motion of Mr. DANIEL, Resolved, That so much of the governor's message as relates to free negroes and mulattoes, be referred to the committee for courts of justice.

On motion of Mr. NEWMAN, Resolved, That the committee of finance be instructed to enquire into the expediency of reporting a bill defining more clearly the duties of commissioners of the revenue in assessing the amount of sales of merchants.

Mr. SYME presented a petition of citizens of the town of Petersburg, praying the incorporation of the Odd Fellows male and female institute in said town.

Mr. DANIEL a petition of James H. Belsches and many other citizens of Prince George county, for the estab lishment of an Eclectic medical institute in the town of Petersburg.

Mr. EDGINGTON a petition of the trustees of the West Liberty academy in the county of Ohio, asking legislative aid to further the objects of said academy.

Mr. DUNCAN two petitions of citizens of the county of Harrison, asking for an endowment of a professorship in the Northwestern Virginia academy, or for such pecuniary aid to said institution as may be deemed advisable.

Ordered, That said petitions be referred to the committee of schools and colleges.

Mr. LANIER presented a petition of Thomas S. Jones, deputy of Stephen Coleman, sheriff of the county of Pittsylvania, asking that certain damages assessed against him by the general court may be refunded.

Mr. BOAK a petition of Daniel C. Burns, asking that eleven dollars and twenty-four cents alleged to have been erroneously paid by him into the treasury as deputy sheriff of the county of Berkeley, may be refunded to him.

Mr. MOSBY a petition of Christopher Moon, only heir of Jacob Moon, asking to be allowed for seven years half pension for services rendered by his ancestor in the war of the revolution.

Ordered, That said petitions be referred to the committee of claims.

On motion of Mr. HIETT, leave was granted to withdraw the petition of Isaac Hull, presented at the last session of the general assembly, praying that a fine imposed upon him erroneously by the judge of the circuit court of Hampshire county may be refunded.

Mr. HIETT again presented said petition, and it was ordered to be referred to the committee of claims. Mr. GILLESPIE presented a petition of Shadrach White, praying the payment of a sum of money due him on a contract made with the directors of the Price's turnpike and Cumberland gap road for the construction of a part of said road running through the county of Tazewell.

Mr. BROWN of Monongalia a petition of citizens of the county of Monongalia, praying that certain contractors on the Maryland and Ohio road be paid for labour executed by them on said road.

Mr. BENNETT two petitions of citizens of the county of Lewis, for the incorporation of a company to construct a railroad from some point on the Potomac river 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..

Also a petition of citizens of the counties of Lewis and Harrison, for the passage of an act for the location and construction of a road to connect the Staunton and Parkersburg road at Buchanan town in the county of Lewis, with the Northwestern road at Clarksburg.

Mr. BROWN of Monongalia also presented a petition of citizens of the county of Monongalia, for the incorporation of a company to improve the navigation of the Monongahela river from the Pennsylvania line upwards. Mr. HAYMOND a similar petition of other citizens of the said county.

Mr. OLDHAM a memorial. of citizens of the county of Marshall, remonstrating against any alteration of the terminus of the Baltimore and Ohio railroad, and praying that no company may be chartered to interfere with said termination under any other title.

Also several petitions of H. J. M'Clean and citizens of the counties of Ohio and Marshall, for the establishment of a ferry across the Ohio river from the lands of said M'Clean to the opposite shore.

Mr. HORNER a petition of the citizens of the county of Tyler, for an appropriation of a sum of money to aid in making a road from Sistersville in said county, to intersect the Northwestern road at Salem in the county of Harrison.

Mr. Love a petition of citizens of Alexandria and Fairfax counties, for the incorporation of a company to construct a railroad from the town of Alexandria to some point at or near the town of Warrenton in the county of Fauquier.

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

Mr. BROWN of Monongalia presented a memorial of citizens of the county of Monongalia, remonstrating against annexing any part of said county to the county of Marion.

Mr. SCOTT a petition of citizens of the county of Fauquier, for the formation of a new county out of the same, with the town of Salem as the seat of justice.

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

Mr. TYLER presented a petition of citizens of the counties of Fauquier and Prince William, praying that branches of the present banks of Virginia may be located in the town of Alexandria, which was ordered to be referred to the committee on banks.

Mr. BAMBRICK presented a petition of John C. Long, asking compensation for services rendered by him in reorganizing the 103d regiment of Virginia militia and for superintending the election and drilling the officers thereof.

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