On motion of Mr. DORMAN, the said communication was laid upon the table. On motion of Mr. DORMAN, Resolved, That the house now proceed to the election of a speaker pro tem. till the fourth day of January. In conformity there with Mr. DANIEL nominated Mr. John W. Jones, the delegate from the county of Chesterfield, and the vote was recorded as follows: For Mr. Jones-Messrs. Layne, Powell, Johnson, Byrd, Thompson of Botetourt, Bennett, Bambrick, Bocock, Morris, Mosby, Fox, Dickinson, Cardwell, Slaughter, Irving, Scott, Smith, Hill of Fayette and Nicholas, Evans, Street, Carper, Carson, White, Carroll, Calwell, Walker, Major, Hiett, Thompson of Hampshire, Darracott, Lee, Duncan, Lancaster, Dillard, Thompson of Jefferson, Patrick, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Poindexter, Haymond, Oldham, Waggoner, Williams, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Perrow, Nelms, Edgington, Tatum, Newman, Syme, Lanier, Tunstall, Cackley, Cocke, Fairfax, Daniel, Tyler, Sturm, Strother, Mayo, Cook, Harper, Dorman, Bare, Brown of Rockingham, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Freeman, Burdett, Gillespie, Horner, Goodson, Stephenson and Floyd-82. Mr. JONES was declared duly elected speaker pro tem. by the clerk, and he was conducted to the chair by Messrs. Daniel and Dorman, and returned his acknowledgments to the house. The SPEAKER submitted a communication from William H. Richardson, adjutant general, in response to the resolution of the house of the 29th instant, relative to the correspondence between himself and captain Carrington; which, on motion of Mr. STEPHENSON, was laid upon the table and ordered to be printed. [Doc. No. 16.] The SPEAKER also submitted a communication from N. P. Howard, clerk of the general court, in reply to a resolution adopted by the house on the 18th instant, enclosing a copy of the judgment of said court in the case of the commonwealth against Peter Garner and others, with the opinions of the judges on file in said case; which communication, on motion of Mr. STEPHENSON, was laid upon the table and ordered to be printed. [Doc. No. 17.] On motion of Mr. SYME, Resolved, That the committee of schools and colleges be instructed to enquire into the expediency of so amending the third and fourth sections of an act passed March the 5th, 1846, as to require the commissioners of the revenue in the counties, towns and corporations of this commonwealth to register and report the number, ages, names and sexes of all the children of such counties, towns and corporations, between the ages of five and sixteen years, as are entitled to instruction under that act, and of giving said commissioners of revenue proper compensation for such additional services. On motion of Mr. BEIRNE, Resolved, That the committee of finance be instructed to enquire into the expediency of passing a law authorizing the sheriffs to retain in their hands all claims against the commonwealth until the taxes are paid. On motion of Mr. COCKE, Resolved, That the committee of schools and colleges be instructed to enquire into the propriety of incorporating the Huguenott academy in the county of Powhatan. On motion of Mr. DANIEL, Resolved, That the committee of schools and colleges enquire into the expediency of repealing the act passed March 5th, 1846, entitled "an act amending the present primary school system." No. 48. An engrossed bill authorizing the county and circuit superior courts for the county of Campbell to be held for a limited time in the clerk's office of said county, was read a third time and passed. Ordered, That the clerk communicate the same to the senate and request their concurrence. No. 49. A bill to incorporate the Big Spring manufacturing company, in the county of Botetourt, was read the second time and ordered to be engrossed and read a third time. Mr. Bocock, from the committee for courts of justice, presented the following bill: No. 50. A bill releasing to Elizabeth Ericson the commonwealth's right to a tract of land, formerly owned by Mathew Ericson, of the county of Mercer, which was read the first and ordered to be read a second time. Mr. Bocock, further from the same committee, presented a report which was read as follows: The committee for courts of justice have, according to order, had under consideration a resolution to them referred" as to the expediency of authorizing the courts of this commonwealth to change the venue in any suit of law, depending in said courts," and adopted the following resolution: Resolved as the opinion of this committee, That it is inexpedient at this time to legislate on the subject. On motion of Mr. STEPHENSON the said resolution was ordered to be laid upon the table. Mr. Bocock, also from the same committee, presented other reports, which were read and agreed to as follow: The committee for courts of justice have, according to order, had under consideration the petition of R. D. Sanxay, praying the passage of a law "authorizing him to furnish to the state a new edition of Hening's Justice," and come to the following resolution thereupon: Resolved as the opinion of said committee, That the prayer of said petition be rejected. The committee for courts of justice have, according to order, had under consideration a resolution to them referred, "as to the propriety of allowing grand jurors compensation for their services," and adopted the following resolution thereupon: Resolved as the opinion of said committee, That it is inexpedient so to do. Mr. BARE, from the committee of propositions and grievances, presented the following bills, which were read the first and ordered to be read a second time, viz: No. 51. A bill authorizing a separate election at the storehouse of Elkanah B. Turner, in the county of Henry; and No. 52. A bill changing the dividing lines between the counties of Lewis and Gilmer. On motion of Mr. BARE, the committee of propositions and grievances were discharged from the consideration of a resolution for amending the laws in relation to ferries, so as to confer on the county courts of the counties bordering on the Ohio river the power to grant ferries within their respective limits, and the same was ordered to be referred to the committee for courts of justice. On motion of Mr. BARE, the committee of propositions and grievances were discharged from the consideration of several resolutions for defining the boundary line of Taylor county, and the same were ordered to be recommitted to the said committee on motion of Mr. BURDETT. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bills, which were read the first and ordered to be read a second time, viz: No. 53. A bill providing for the construction of the Sistersville and Salem turnpike road. No. 54. A bill to amend the 11th section of the act passed the 23d March 1843, providing for the opening and repairing of roads, and for building and repairing bridges in Brooke county; and No. 55. A bill directing a survey for a road from the Staunton and Parkersburg road in Lewis to the Northwestern road in Harrison. Mr. STEPHENSON presented five petitions of citizens of the county of Ritchie, for the passage of an act to incorporate a company to construct a turnpike road from some point on the Northwestern turnpike, west of James Martin's, to some point on the Staunton and Parkersburg road, in the county of Lewis. Also a petition of citizens of the county of Doddridge, 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 south of the mouth of the Little Kanawha river. Mr. THOMPSON of Botetourt presented a memorial of citizens of the counties of Botetourt and Giles, remonstrating against the extension of the act allowing Jacob Price to construct a turnpike road from Fincastle to the foot of Middle mountain. Ordered, That the said petitions be referred to the committee of roads and internal navigation. Mr. HARPER presented a petition of citizens of the county of Rockbridge, for the establishment of a separate election at Cedar Grove, in said county. Mr. DUNCAN a petition of citizens of the counties of Harrison and Marion, for the formation of a new county out of parts of said counties, with the seat of justice for the new county at the town of Shinston. Mr. BEIRNE a memorial of citizens of the county of Monroe, remonstrating against the formation of a new county out of parts of the counties of Botetourt, Roanoke, Giles and Monroe. Ordered, That the said petitions be referred to the committee of propositions and grievances. Mr. TUNSTALL presented several petitions of citizens of the county of Henry, asking the repeal of the free school law passed at the last session of the general assembly, so far as the same relates to the county of Henry, which were ordered to be referred to the committee of schools and colleges. On motion of Mr. STREET, the house adjourned until to-morrow 12 o'clock. FRIDAY, JANUARY 1, 1847. Mr. Bocock, from the committee for courts of justice, presented the following bills: No. 56. A bill authorizing certain books to be furnished to the several colleges of the state; and Mr. BARE, from the committee of propositions and grievances, presented the following bill: No. 58. A bill changing the place of holding a separate election in the county of Warren. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bill: No. 59. A bill incorporating the Richmond and Danville railroad company. Which several bills were read the first and ordered to be read a second time. On motion of Mr. Bocock, Ordered, That five hundred copies be printed of the bill establishing district (No. 57.) courts. Mr. FLOYD, also from the committee of roads and internal navigation, reported without amendment, the following bill, which was ordered to be engrossed and read a third time; viz: No. 45. A bill providing for the construction of a turnpike road from the Northwestern road to New Martinsville, in the county of Wetzel. The SPEAKER laid before the house a communication from the governor, which was read as follows: EXECUTIVE DEPARTMENT, JANUARY 1, 1847. SIR, I communicate for the information of the general assembly, a letter from William Daniel, jr. Esq., of Lynchburg, acknowledging the receipt of his commission as judge of the court of appeals of Virginia, and accepting the appointment—to be laid before the house of delegates. The Speaker of the House of Delegates. Very respectfully, your ob't serv't, WM. SMITH. LYNCHBURG, DEC. 22, 1846. SIR,-Your letter of the 17th inst., informing me that I had been elected a judge of the supreme court of appeals of this state, to supply the vacancy occasioned by the death of Robert Stanard, Esq., with the enclosed commission, has been received. Gratefully appreciating the honour conferred, by the appointment, I accept it, and shall endeavour faithfully to meet the responsibilities and execute the duties of the office. With great respect, I am your ob't serv't, Wm. H. Richardson, Esq., Secretary Com'th, Richmond. WM. DANIEL, Jr. On motion of Mr. LANIER, the said communication was ordered to be laid upon the table. No. 49. An engrossed bill to incorporate the Big Spring manufacturing company, in the county of Botetourt, was read a third time and passed. Ordered, That the clerk communicate the same to the senate and request their concurrence. The following bills were read the second time and ordered to be engrossed and read a third time, viz: No. 50. A bill releasing to Elizabeth Ericson the commonwealth's right to a tract of land formerly owned by Mathew Ericson, of the county of Mercer. No. 51. A bill authorizing a separate election at the storehouse of Elkanah B. Turner, in the county of Henry. No. 52. A bill changing the dividing lines between the counties of Lewis and Gilmer; and No. 54. A bill to amend the 11th section of the act passed the 23d March 1843, providing for the opening and repairing of roads, and for building and repairing bridges in Brooke county. On motion of Mr. THOMPSON of Jefferson, Resolved, That this house has received with unfeigned regret the letter of William O. Goode, Esq. late speaker, announcing the resignation of the office which he has filled with so much dignity, courtesy and ability; that we extend to him our heartfelt sympathy, accompanied by our prayer that he may be speedily restored to health and usefulness. Resolved, That a copy of the foregoing resolution be transmitted by the clerk to the late speaker. On motion of Mr. STEPHENSON, the following report of the committee for courts of justice was taken up: The committee for courts of justice have, according to order, had under consideration a resolution to them referred, “as to the expediency of authorizing the county courts of this commonwealth to change the venue in any suit at law depending in said courts," and adopted the following resolution: Resolved as the opinion of this committee, That it is inexpedient at this time to legislate on the subject. A motion was made by Mr. BENNETT to amend the same by striking therefrom the word "inexpedient," and inserting in lieu thereof the word "expedient," so as to reverse the decision of the committee, and it was decided in the negative, and then the resolution was agreed to. On motion of Mr. SYME, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of extending the charter for the improvement of the navigation of the Meherrin river for five years from March 1847. On motion of Mr. HAYMOND, Resolved, That the committee for courts of justice be directed to enquire into the propriety of passing a law to reduce the number of the monthly and quarterly sessions of the county courts, and that they have leave to report by bill or otherwise. On motion of Mr. FLOYD, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of amending the laws in relation to constables, so as to provide that whenever any sums of money collected by them for the same person shall exceed twenty dollars, whether collected by virtue of an execution or otherwise in their capacity of constable, the same shall only be recovered by motion or otherwise in any of the courts of record in this commonwealth, in the same manner as is provided by law for the recovery of debts collected by sheriffs; and that they also enquire into the expediency of providing by law so that the securities of constables shall not be liable for any sums of money collected by their principals longer than two years after the expiration of the term of office for which they were security. On motion of Mr. SHEFFEY, leave was granted to David S. Jones to withdraw his petition, asking to be released from the payment of certain money, presented at the last session of the general assembly; thereupon Mr. SHEFFEY again presented the same, and it was ordered to be referred to the committee of claims. Mr. SHEFFEY also presented a petition of A. Waddell, B. M. Smith, Richard Collins, and eighty-five freeholders of Augusta county, for an alteration or repeal of the act of the 6th of March 1846, empowering the directors of the Western lunatic asylum to condemn the lands of private persons for the use and benefit of said asylum, which was ordered to be referred to the committee on lunatic asylums. Mr. DUNCAN presented a petition of citizens of the county of Lewis, for an act to incorporate the trustees of an academy in the town of Buchanan to be called the Male and female academy of Buchanan. Mr. HARRISON of Loudoun a petition of Samuel M. Janney and other members of the Education society of Loudoun, for the passage of an act amending the act of 1846, for the establishment of district free schools in the said county. Ordered, That the said petitions be referred to the committee of schools and colleges. Mr. STURM presented a petition of citizens of the county of Randolph, for the incorporation of a company to construct a railroad to some point on the Ohio river not further south than the mouth of the Little Kanawha river, which was ordered to be referred to the committee of roads and internal navigation. On motion of Mr. LEE, the house adjourned until to-morrow 12 o'clock. SATURDAY, JANUARY 2, 1847. The following engrossed bills were read a third time and passed, viz: No. 50. A bill releasing to Elizabeth Ericson the commonwealth's right to a tract of land formerly owned by Mathew Ericson of the county of Mercer. No. 51. A bill authorizing a separate election at the storehouse of Elkanah B. Turner, in the county of Henry. No. 52. A bill changing the dividing lines between the counties of Lewis and Gilmer. No. 54. A bill to amend the 11th section of the act passed the 23d March 1843, providing for the opening and repairing of roads and for building and repairing bridges in Brooke county. Ordered, That the clerk communicate the said bills to the senate and request their concurrence. No. 45. An engrossed bill providing for the construction of a turnpike road from the Northwestern road to New Martinsville, in the county of Wetzel, was on motion of Mr. DANIEL, ordered to be laid upon the table. On motion of Mr. HORNER, Resolved, That the committee on the library enquire into the expediency of passing a law reducing the price of all of the Virginia reports to four dollars per volume. No. 53. A bill providing for the construction of the Sistersville and Salem turnpike road, was on motion of Mr. STOVALL, ordered to be laid upon the table. No. 56. A bill authorizing certain books to be furnished to the several colleges of the state, was on motion of Mr. HAYMOND, ordered to be laid upon the table. No. 58. A bill changing the place of holding a separate election in the county of Warren, was read the second time and ordered to be engrossed and read a third time. Mr. Bocock, from the committee for courts of justice, presented the following bill: No. 60. A bill providing for the punishment of certain offences within the cities, towns and boroughs of this commonwealth. Mr. HOLLADAY, from the committee of claims, presented the following bills: No. 61. A bill concerning Robert Lucas, deputy for David Sniveley, sheriff of Jefferson county; and Mr. FLOYD, from the committee of roads and internal navigation, presented the following bills: No. 63. A bill to incorporate the Potomac and Ohio railroad company. No. 64. A bill to amend an act, entitled "an act incorporating a company to construct a turnpike road from Howardsville, in the county of Albemarle, to the bridge across Rockfish river, in the county of Nelson; and No. 65. A. bill to amend the act passed 5th March 1816, incorporating the Hardy and Winchester turnpike company. Which several bills were read the first and ordered to be read a second time. Mr. FLOYD, also from the same committee, presented a report which was read as follows: The committee of roads and internal navigation have considered the petition of Jacob Price, praying the extension of his charter for a turnpike road, and a change of location in parts of said road, together with sundry remonstrances against said petition from citizens of Botetourt, Giles and Monroe, and the committee have come to the following resolution thereupon: Resolved, That the prayer of said petition be rejected. On motion of Mr. STREET the same was ordered to be laid upon the table. On motion of Mr. HAYMOND the following report of the committee of claims was taken up and read: The committee of claims have had under consideration a resolution to them referred, directing an enquiry into the propriety of releasing William S. Griffeth from the payment of a fine assessed against him by the judgment of the circuit superior court of law and chancery for Harrison county, and have come to the following resolution thereupon: Resolved as the opinion of this committee, That the said William S. Griffeth ought not to be released from the payment of the fine aforesaid. On motion of Mr. HAYMOND the said resolution was amended by striking therefrom the word "not," so as to reverse the decision of the committee, and as amended was agreed to, and it was ordered that the committee prepare and bring in a bill conformably with the said petition. On motion of Mr. WILLIAMS, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of changing the name of James Albert Burnley, of the county of Charlotte, to that of Charles Fox Burnley. On motion of Mr. WHITE, Resolved, That the committee of propositions and grievances enquire into the propriety of providing by law for establishing and running a line between the counties of Mercer and Giles, omitted in the act establishing the county of Mercer. Mr. STOVALL presented sundry documents to support the petition of Stephen Kent, which were ordered to be referred to the committee of claims. Mr. OLDHAM presented a memorial of the board of trade of the City of Wheeling, remonstrating against the passage of any act authorizing the construction of a railroad from the Potomac to any point on the Ohio river south of Wheeling, either by an extension of the Baltimore and Ohio railroad, or otherwise. Mr. BROWN of Monongalia a similar memorial of citizens of the county of Monongalia. Also a petition of citizens of the county of Monongalia, for the incorporation of a company for the improvement of the navigation of the Monongahela river above the Pennsylvania line. Ordered, That said petitions be referred to the committee of roads and internal navigation. A motion was made by Mr. OLDHAM that 200 copies of the memorial of the board of trade of the City of Wheeling be printed for the use of the general assembly, and it was determined in the negative; subsequently, on motion of Mr. LANCASTER, the rule of the house was suspended and the said vote was reconsidered, and the said memorial was ordered to be printed. [Doc. No. 18.] Mr. DUNCAN presented a petition of citizens of the counties of Lewis, Harrison, Barbour and Randolph, for the formation of a new county out of parts of said counties, which was ordered to be referred to the committee of propositions and grievances. Mr. HOLLADAY presented a petition of Samuel Philips for compensation for money advanced and services rendered under an order of the governor, directing an examination of vessels to prevent the introduction of small pox into the town of Fredericksburg, which was ordered to be referred to the committee of claims. On motion of Mr. HARVIE leave was granted to withdraw the petition of Thomas C. and H. C. Wilson, praying that the assessment on certain lands in the county of Amelia may be reduced; thereupon, Mr. HARVIE again presented the same, and it was ordered to be referred to the committee of finance. On motion of Mr. RICHMOND, leave was granted to withdraw the petition of David S. Jones, presented at the last session of the general assembly. No. 55. A bill directing a survey for a road from the Staunton and Parkersburg road in Lewis, to the Northwestern road in Harrison, was read a second time, and ordered to be engrossed and read a third time. On motion of Mr. CARDWELL, the house adjourned until Monday 12 o'clock. MONDAY, JANUARY 4, 1847. In consequence of the expiration of the time for which the speaker pro tem. was elected, the house was called to order by the clerk, and on motion of Mr. DANIEL, proceeded to the election of a permanent speaker; thereupon he nominated Mr. John W. Jones, the delegate from the county of Chesterfield, and the vote was recorded as follows: For John W. Jones-Messrs. Brown of Albemarle, Hart, Layne, Harvie, Powell, Sheffey, Johnson, Scruggs, Burwell, Boak, Small, Thompson of Botetourt, Bennett, Bambrick, Bocock, Morris, Mosby, Fox, Dickinson, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie, Love, Smith, Hill of Fayette and Nicholas, Evans, Street, Carper, Wall, Carson, White, Jones of Gloucester, Leake, Carroll, Calwell, Major, Stovall, Hiett, Thompson of |