Mr. OLDHAM a petition of citizens of the county of Marshall, praying for the division of the 134th regiment of militia, and the creation of a new regiment within the limits of said county.

Ordered, That said petitions be referred to the committee on the militia laws.

No. 5. An engrossed bill concerning offenders against the act to amend an act, entitled "an act to suppress duelling," was read a third time; thereupon, on motion of Mr. DORMAN, the rule of the house was suspended and the vote ordering said bill to be engrossed was reconsidered, and the same was ordered to be recommitted to the committee which brought it in.

A message was received from the senate by Mr. M'MULLEN, who informed the house that the senate had passed 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," with sundry amendments, in which they request the concurrence of the house of delegates.

The said amendments being read, on motion of Mr. WATTS, the said bill and amendments were laid upon the table.

No. 6. An engrossed bill authorizing the Independent order of Odd Fellows of Norfolk City, to hold a limited amount of property; and

No. 8. An engrossed bill providing for the payment of interest due by the James river and Kanawha company on the first day of January 1847, were severally read a third time and passed.

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

No. 9. A bill divorcing Abraham George Leatherman from his wife Mary Ellen, was read a second time and ordered to be engrossed and read a third time.

No. 10. A bill concerning emancipated slaves, was read a second time, and on motion of Mr. HAYMOND, ordered to be laid upon the table.

On motion of Mr. BURDETT, Resolved, That the committee of propositions and grievances be instructed to enquire into the expediency of more definitely designating the boundary line of Taylor county, beginning at the point in said line or boundary at the forks of Booth's creek at Poland's, and terminating at the late residence of Anderson Corbin.

On motion of Mr. DORMAN, Resolved, That George W. P. Custis, Francis L. Smith and Robert Brockett, Esqs. commissioners elected by the people of the town and county of Alexandria, to represent their interest before the legislature, be permitted to take seats within the bar of the house of delegates during the present session.

On motion of Mr. CHISMAN, Resolved, That the committee on banks be instructed to enquire into the expediency of placing notes made negotiable and payable at the Hampton savings institution, on the same footing with notes made payable and negotiable at other banks in the commonwealth.

On motion of Mr. HARVIE, Resolved, That a select committee of five be appointed to enquire into the expediency of constructing two additional doors opening into the hall of the house of delegates under the gallery. The SPEAKER deferred announcing said committee until to-morrow.

Mr. NEWMAN Submitted the following preamble and resolution, which on his motion was ordered to be referred to the committee for courts of justice, viz:

Whereas, certain persons of this commonwealth have offended against an act of the general assembly of Virginia, entitled "an act to amend an act, entitled 'an act to suppress duelling," passed on the day of 18, and have thereby become incapable of holding any post of profit, trust or emolument, civil or military, legislative, executive or judicial, under the government of this commonwealth; and whereas it is represented that some of those persons thus disqualified have become volunteers to engage in the present war against Mexico: Therefore,

Be it resolved by the general assembly of Virginia, That this disqualification is hereby removed so far as to permit those who have volunteered, and all such as may hereafter volunteer in said war, to hold any military post to which they may be elected or appointed during the war, and the oath of office prescribed in the third section of the before recited act shall be varied accordingly.

Mr. HART presented a petition of citizens of the town of Scottsville and its vicinity in the county of Albemarle, asking for the establishment of a separate election in said town, which was ordered to be referred to the committee of propositions and grievances.

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

THURSDAY, DECEMBER 17, 1846.

The SPEAKER announced the following as the committee under the resolution submitted by Mr. HARVIE on yesterday for enquiring into the expediency of placing two additional doors in the hall of the house: Messrs. Harvie, Lancaster, Mayo, Syme and Darracott.

On motion of Mr. HAYMOND, Resolved, That the committee of claims be directed to enquire into the propriety of releasing William S. Griffin from the payment of a fine assessed against him by the judgment of the circuit superior court of law and chancery for Harrison county.

On motion of Mr. MAYO, Resolved, That the committee for courts of justice enquire into the expediency of more effectually suppressing and punishing personal combats and street fights, in which deadly weapons are used, and that said committee have leave to report by bill or otherwise.

On motion of Mr. DORMAN, Ordered, That so much of the governor's message as relates to the Virginia military institute be referred to the committee on the militia laws.

The SPEAKER laid before the house a communication from the second auditor, transmitting the 8th annual report of the board of visitors of the Virginia institution for the education of the deaf and dumb and of the blind, which, on motion of Mr. HAYMOND, was laid upon the table and 500 copies thereof were ordered to be printed. [Doc. No. 9.]

Mr. Davis, from the committee of agriculture and manufactures, presented the following bills:

No. 18. A bill concerning owners or tenants of mills; and

No. 19. A bill to incorporate the Wheeling cotton mills company.

Mr. Scort, from the committee for courts of justice, presented the following bill:

No. 20. A bill divorcing Helen A. W. Hamilton from her husband Robert S. Hamilton.

Mr. ScoTT, also from the same committee, reported with a substitute, the following bill:

No. 5. A bill concerning offenders against the act to amend an act, entitled "an act to suppress duelling." Mr. BURWELL, from the committee of schools and colleges, presented reports rejecting the petitions of Reuben Dove and of E. C. Blankinship.

No. 9. An engrossed bill divorcing Abraham George Leatherman from his wife Mary Ellen, was read a third time and passed.

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

Mr. SMITH presented a petition of citizens of the county of Fauquier, asking for the establishment of branches of the existing banks of the state in the town of Alexandria, which was ordered to be referred to the committee on banks.

Mr. ROBINSON presented a petition of the King William rifle greys praying that the said company may be converted into a light infantry company, and be authorized to exchange their arms; which was ordered to be referred to the committee on the militia laws.

Mr. STURM presented a memorial of citizens of the county of Barbour, remonstrating against attaching any part of the county of Barbour to any new county which may be formed, with Buchanan town or Evansville as the seat of justice.

Mr. BENNETT a memorial 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.

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

Mr. MORRIS presented a petition of John Hannon asking to be released from the payment of certain fines and judgments against him as sheriff of the county of Cabell, which was ordered to be referred to the committee of claims.

Mr. WHITE presented a petition of Elizabeth Aricson, for the relinquishment of the commonwealth's right to twenty-five acres of land in the county of Mercer, which was ordered to be referred to the committee for courts of justice.

Mr. LACY presented a petition of citizens of the county of New Kent, for the passage of an act incorporating a company to construct a railroad from the City of Richmond to Eltham, in said county, which was ordered to be referred to the committee of roads and internal navigation.

No. 5. A bill concerning offenders against the act, to amend an act, entitled "an act to suppress duelling," with the substitute thereto proposed by the committee for courts of justice, was taken up; and the substitute having been read, a motion was made by Mr. DORMAN to amend the same, by adding thereto the following sections:

Be it further enacted, That if any person shall hereafter kill another in a duel, the person thus killing and surviving shall, in addition to the penalties heretofore provided in the act, to amend an act, entitled "an act to suppress duelling," forfeit one half of his whole estate, real and personal, to the widow of the deceased; and where there is no widow, then to the next of kin of the party killed in said duel, according to the provisions of the laws of this commonwealth regulating the course of descents and the distribution of intestates' estates. Which forfeiture shall be recovered in any of the circuit superior courts of law and chancery, by bill filed in the name of the commonwealth, for the use and benefit of said widow or next of kin. And it shall be the duty of the attorney for the commonwealth of the circuit superior court of law and chancery for the county in which the survivor in said duel resided at the time of fighting, or in which the greater part of his property may be, to institute the necessary and proper proceedings in order to a decree of forfeiture as aforesaid.

Be it further enacted, That in the event of the widow or next of kin refusing or failing to accept the forfeiture as aforesaid, within twelve months after decree and notice given them either in person or by advertisement in some newspaper according to the order of said court, then and in that case the proceeds of said forfeiture decreed as aforesaid to the widow or next of kin, shall accrue to the commonwealth, and be vested in the president and directors of the Literary fund.

And the question being put thereupon, was determined in the negative. Ayes 25, noes 95.

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

AYES-Messrs. Finney, Sheffey, Bambrick, Morris, Mosby, Roane, Evans, Stovall, Lancaster, Hunter, Gresham, Richmond, Harrison of Loudoun, Schooley, M'Intyre, Oldham, Perrow, Edgington, Lanier, Cocke, Anderson, Dorman, Morison, Burdett and Horner-25.

NOES-Messrs. Goode, (speaker,) Custis, Brown of Albemarle, Hart, Layne, Harvie, Powell, Byrd, Scruggs, Boak, Small, Thompson of Botetourt, Bennett, Maclin, Bocock, Fox, Dickinson, Lacy, Cardwell, Slaughter, Irving, Thompson of Dinwiddie, Chisman, Love, Scott, Smith, Hill of Fayette and Nicholas, Stillman, Street, Carper, Wall, Carson, White, Jones of Gloucester, Leake, Carroll, Calwell, Major, Hiett, Thompson of Hampshire, Darracott, Lee, Duncan, Dillard, Godwin, Howard, Thompson of Jefferson, Patrick, Wallace, Gaines, Robinson, Ballard, Poindexter, Edmondson of Lunenburg, Banks, Haymond, Waggoner, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Kelly, Newton, Watts, Happer, Yerby, Nelms, Oliver, Davis, M'Pherson, Tatum, Newman, Syme, Cackley, Fairfax, Stone, Daniel, Tyler, Sturm, Strother, Mayo, Harper, Bare, Brown of Rockingham, M'Elhenney, Hill of Shenandoah, Stickley, Tate, Goodwin, Holladay, Hargrave, Gillespie, Castleman, Chandler and Floyd-95.

A motion was then made by Mr. COCKE to amend the said substitute by inserting before the commencing clause the following section:

Be it enacted, That all persons who have been subjected to the disability to hold office for five years, under the act to suppress duelling, shall, from and after the passage of this act, be relieved from such disability.

And the question being put thereupon, was determined in the negative.
The said substitute was read as follows:

Whereas it has been represented to the general assembly by the governor of this commonwealth, that many gallant sons of Virginia are or may be prevented by the disabilities of the act to amend an act, entitled "an act to suppress duelling," from entering into the service of their country in the existing war against Mexico, in positions to which their merits and the free choice of their companies in arms would entitle them:

And whereas this general assembly, not meaning to express a doubt of the expediency or propriety of that act, but declaring their firm conviction of both, doth yet believe the present such an occasion for according that mercy to offenders against the said act as it was clearly in the contemplation of the framers of the constitution might arise:

And whereas it is the opinion of this general assembly, that in cases of political, civil or military disability incurred by offences against a general law, it is more expedient to grant general amnesties than partial or special

relief:

Be it therefore enacted by the general assembly, That from and after the passing of this act no person shall be incapable of holding or being elected to any post of profit, trust or emolument, civil or military, legislative, executive or judicial, under the government of this commonwealth, who shall have heretofore fought a duel, or sent or accepted a challenge to fight a duel, the probable issue of which might have been the death of the challenger or challenged, or who shall have been a second to either party or shall have in any manner aided or assisted in such duel, or shall have been knowingly the bearer of such challenge or acceptance. But the disabilities declared by the second section of the said recited act, shall hereafter extend to all persons who, by previous agreement, shall fight a single combat with any weapon, the probable consequence of which might be the death of either party, or who shall be present aiding and assisting therein; and the oath of office prescribed by the third section of said act shall be varied accordingly.

This act shall be in force from the passing thereof.

A motion was then made by Mr. NEWMAN to amend the same by substituting therefor the following: Whereas certain persons of this commonwealth have offended against an act of the general assembly of Virginia, entitled "an act to amend an act, entitled 'an act to suppress duelling,'" passed on the

day of 18 , and have thereby become incapable of holding any post of profit, trust or emolument, civil or military, executive or judicial, under the government of this commonwealth: And whereas it has been represented that some of the persons thus disqualified have become volunteers to engage in the present war against Mexico: Therefore, Be it enacted by the general assembly of Virginia, That this disqualification is hereby removed, so far as to permit those who have volunteered, and those who may hereafter volunteer in said war, to hold any military post to which they may be elected or appointed; and the oath of office prescribed in the third section of the before recited act shall be varied accordingly.

This act shall be in force from the passage thereof.

And the question being put upon the adoption of the said amendment to the substitute, was determined in the negative.

The question recurred upon the adoption of the substitute of the committee, and it was adopted. And the question was then put upon engrossing the bill as amended, and it was determined in the negative. Ayes 47, noes 73.

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

AYES-Messrs. Finney, Layne, Harvie, Byrd, Bennett, Bocock, Lacy, Slaughter, Irving, Thompson of Dinwiddie, Chisman, Hill of Fayette and Nicholas, Street, Wall, Carson, Jones of Gloucester, Calwell, Godwin, Howard, Thompson of Jefferson, Patrick, Robinson, Poindexter, Edmondson of Lunenburg, Haymond, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Breathed, Newton, Watts, Happer, M'Pherson, Tatum, Fairfax, Stone, Daniel, Tyler, Sturm, Strother, Bare, Holladay, Hargrave, Castleman, Chandler and Floyd—47.

NOES-Messrs. Goode, (speaker,) Custis, Brown of Albemarle, Hart, Powell, Sheffey, Scruggs, Boak, Small, Thompson of Botetourt, Bambrick, Maclin, Morris, Mosby, Fox, Dickinson, Roane, Love, Smith, Evans, Stillman, Carper, White, Leake, Carroll, Major, Stovall, Hiett, Thompson of Hampshire, Darracott, Lee, Duncan, Lancaster, Dillard, Hunter, Wallace, Gaines, Gresham, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Banks, Oldham, Waggoner, Beirne, Kelly, Perrow, Yerby, Nelms, Oliver, Edgington, Davis, Newman, Syme, Lanier, Cackley, Cocke, Anderson, Mayo, Harper, Dorman, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Burdett, Gillespie and Horner-73.

Resolved, That said bill be rejected.

On motion of Mr. YERBY, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of excepting from the operation of the act passed March 28th, 1843, entitled "an act prescribing a limit to claims and suits against the commonwealth, and for other purposes," all claims and suits for half-pay and other claims for revolutionary services, or for advances made Virginia during the war of the revolution.

On motion of Mr. WALL, Resolved, That the committee of schools and colleges enquire into the expediency of authorizing the investment of a portion of the Literary fund in buildings, &c. for the use of the college of physicians of the Valley in Virginia, upon the same terms and conditions of the investment with the medical department of Hampden Sydney college.

A message was received from the senate by Mr. M'MULLEN, who informed the house that the senate had passed the bill, entitled "an act providing for the payment of interest due by the James river and Kanawha company on the first day of January 1847," with sundry amendments, in which they request the concurrence of the house of delegates.

A further message was received from the senate by Mr. BONDURANT, who informed the house that the senate had adopted a resolution for a recess of the senate from the 18th instant to the 6th of January next, in which they request the concurrence of the house of delegates.

On motion of Mr. THOMPSON of Jefferson, Resolved, That the use of the hall of the house of delegates be granted to Mr. M'DANIEL, to deliver on Monday evening next a lecture upon a new system of education. On motion of Mr. LANIER, the house adjourned until to-morrow 12 o'clock.

FRIDAY, DECEMBER 18, 1846.

No. 8. A bill, entitled "an act providing for the payment of interest due by the James river and Kanawha company on the first day of January 1847," with the amendments thereto proposed by the senate, was taken up; and the said amendments being read, the first was disagreed to on motion of Mr. DORMAN, and the second was agreed to by the house.

Ordered, That Mr. DORMAN inform the senate thereof.

The resolution of the senate, asking the concurrence of the house to a recess of that house, was, on motion of Mr. SHEFFEY, ordered to be laid upon the table.

On motion of Mr. Fox, Resolved, That the committee of agriculture and manufactures be instructed to enquire into the expediency of so amending the law in regard to the inspection of tobacco, passed March 6th, 1819, as to require the inspectors at the tobacco warehouses in this commonwealth to weigh the hogsheads brought to their several warehouses for inspection before uncased, and ascertain the nett weight by deducting therefrom the weight of the cask, with

pounds for sample.

On motion of Mr. THOMPSON of Botetourt, Resolved, That the committee on agriculture and manufactures be instructed to enquire into the expediency of incorporating the Big Spring manufacturing company, near the town of Buchanan in the county of Botetourt.

On motion of Mr. GRESHAM, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of abolishing all distinction in the dignity of debts due from the estates of deceased persons, and of administering all such estates, both real and personal, on equitable principles, and under the direction of a court of equity.

On motion of Mr. HUNTER, The following preamble and resolution was adopted:

Whereas several counties of the commonwealth have voted to adopt the district school system, but have not been able to carry the same into operation in consequence of some defects, which they desire to have remedied by legislation: And whereas other counties have rejected the same, but through inadvertence have omitted to appoint school commissioners within the time prescribed under the acts regulating the primary school system: Therefore, Resolved by the general assembly, That the superintendent of the Literary fund be and he is hereby authorized to pay over to the treasurers of the school commissioners of such counties as may be thus situated, their respective quotas of the Literary fund for the year 1947, upon the said treasurers giving bond subsequent to the passage of this resolution, in the form heretofore prescribed by the superintendent in conformity to law. Ordered, That Mr. HUNTER carry the same to the senate and request their concurrence.

A motion was made by Mr. HILL of Fayette and Nicholas, that the house adopt the following resolution: Resolved, That a committee of five be appointed on the part of this house to visit and examine the Western lunatic asylum and the institution for the education of the deaf and dumb and of the blind in the town of Staunton, and also that a committee of five be appointed on the part of this house to visit and examine the Eastern lunatic asylum in the town of Williamsburg, and that each committee be instructed to proceed to discharge the duties hereby imposed as early as the 21st of the present month, and that said committees make full report to this house of the condition and mode of management of said state institutions, and that during the absence of the members of said committees they be excused from attendance on the sessions of this house.

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

On motion of Mr. HORNER, Resolved, That the committee for courts of justice enquire into the expediency of forming a new judicial circuit out of the ninth and tenth judicial districts, with leave to report by bill or otherwise.

On motion of Mr. HARVIE, Resolved, That the committee of finance be instructed to enquire into the expediency of imposing a tax at least equal to the value of the weapon upon all owners of bowie knives, revolving pistols and dirks, within the limits of this commonwealth, saving and excepting venders of the same.

On motion of Mr. HARVIE, Resolved, That so much of the governor's message as relates to the subject of banks, be referred to the committee on banks.

On motion of Mr. WHITE, Resolved, That the committee of propositions and grievances be directed to enquire into the propriety of defining more particularly the divisional lines between the counties of Giles and Tazewell and the county of Mercer, and that they have leave to report by bill or otherwise.

On motion of Mr. BANKS, the following preamble and resolution was adopted:

Whereas the governor of this commonwealth has informed the general assembly that the duties of the adjutant general have been greatly increased by reason of the call upon this state for volunteers for the war with Mexico, and that it is indispensably necessary that some assistance should be furnished said officer:

Be it therefore resolved by the general assembly of Virginia, That the adjutant general is hereby authorized to employ such temporary aid in the discharge of the duties of his office as the executive may find to be necessary. Ordered, That Mr. BANKS carry the said resolution to the senate and request their concurrence.

On motion of Mr. BURDETT, Resolved, That the committee of propositions and grievances be instructed to enquire into the expediency of more definitely defining the boundary line of Taylor county, beginning at the point in said line, at the Tygart's Valley falls, and running to the mouth of Lost run.

On motion of Mr. SHEFFEY, Resolved, That so much of the governor's message as relates to the Literary fund and to the institution for the education of the deaf and dumb and of the blind be referred to the committee of schools and colleges.

On motion of Mr. STEPHENSON, Resolved, That the clerk of the general court of the City of Richmond furnish this house with a copy of the judgment of said court in the case of the commonwealth against Peter Garner and others, adjourned from the circuit court of Wood county; also a copy of the opinions of the judges so far as they are on file in said cause.

Mr. SCOTT, from the committee for courts of justice, presented a report rejecting the memorial of the members of the bar practising in the court of appeals at Lewisburg, upon the subject of removing said court to the White Sulphur springs in the county of Greenbrier, which being read, was, on motion of Mr. DORMAN, ordered to be laid upon the table.

Mr. SCOTT, also from the same committee, presented the following bill, which was subsequently read the first, and ordered to be read a second time.

No. 21. A bill to amend an act, entitled "an act authorizing the transfer of money or property held in trust within this commonwealth to such trustees as shall be appointed by the courts of other states to receive the same." Mr. BARE, from the committee of propositions and grievances, presented a report, which was subsequently read and agreed to, as follows:

The committee of propositions and grievances have, according to order, had under consideration the petition and accompanying documents of sundry citizens of the counties of Kanawha, Cabell and Logan to them referred, praying that a new county may be formed of a part of each of said counties, according to certain boundary lines