Hampshire, Lee, Duncan, Lancaster, Dillard, Godwin, Hunter, Thompson of Jefferson, Patrick, Wallace, Gaines, Robinson, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Poindexter, Edmondson of Lunenburg, Banks, Haymond, Oldham, Waggoner, Williams, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Kelly, Perrow, Watts, Nelms, Oliver, Davis, M'Pherson, Tatum, Newman, Syme, Lanier, Tunstall, Cackley, Cocke, Daniel, Tyler, Sturm, Strother, Mayo, Cook, Harper, Dorman, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Holladay, Fitzhugh, Hargrave, Freeman, Burdett, Gillespie, Horner, Castleman, Goodson, Stephenson and Floyd-108.

The clerk declared Mr. JONES to be unanimously elected, and he was conducted to the chair by Messrs. Daniel and Dorman, and from thence returned his acknowledgments for the office conferred upon him.

On motion of Mr. CARSON, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of reviving the act, entitled "an act to incorporate the Winchester and Berry's ferry turnpike company," passed April 6th, 1839.

On motion of Mr. SYME, Resolved, That the committee on finance be instructed to enquire into the expediency of requiring the sergeant of the town of Petersburg to collect the taxes due to the state within the corporate limits of said town.

On motion of Mr. NEWMAN, Resolved, That the committee on the militia laws be instructed to enquire into the expediency of reporting a bill repealing the act passed March 30th, 1839, requiring the brigadier generals of this commonwealth to review the regiments of their respective brigades, so far as that act applies to those regiments, which have heretofore or may hereafter avail themselves of the provision of the act passed January 20th, 1846, whereby it is made lawful for a majority of the commissioned officers of any regiment of militia in this commonwealth at the training of officers to substitute battalion in lieu of regimental musters.

On motion of Mr. LANCASTER, Resolved, That the committeee of privileges and elections be instructed to enquire into the expediency of requiring the sheriffs of the several counties in this commonwealth to furnish to the commissioners of elections in the several electoral districts a list of insolvents for the preceding year.

On motion of Mr. HUNTER, Resolved, That the committee for courts of justice be directed to enquire into the expediency of passing an act in the terms or to the effect following, to wit:

Be it enacted by the general assembly, That in all cases, where judgment has been, or shall hereafter be rendered in any actions in which special bail shall have been given, and the defendant or defendants shall reside in any county of this commonwealth other than that in which such judgment was or shall be rendered, and thereupon a writ of capias ad satisfaciendum shall have been returned "not found," or "no inhabitant;" it shall be the duty of the clerk of such court, upon the application and at the costs of the special bail, his, her or their executors or administrators, to issue a further writ or writs of capias ad satisfaciendum upon such judgment, directed to the sheriff of the county in which the principal may reside or be, and the execution of such writ by the arrest of the principal at any time prior to the first term after the return of any scire facias executed against the bail, shall have the same effect, in exoneration of the bail, as a surrender of the principal at or before such term, as now provided by law.

This act shall be in force from its passage.

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

To the Speaker of the House of Delegates.

EXECUTIVE DEPARTMENT, JANUARY 4th, 1847.

SIR, The recent law appropriating ten thousand dollars for pay and rations of the Virginia volunteers is restricted to those subjects. Various expenses for transportation have grown out of this service, some of which are much pressed upon the executive, but for want of authority none can be paid. I therefore recommend the adoption of a resolution authorizing the executive to pay, out of the appropriation aforesaid, such expenses connected with our volunteer force for Mexico as may be deemed proper. I do not doubt that all such payments will be reimbursed by the federal government.

I respectfully recommend prompt action by the house.

Very respectfully, your ob't serv't,

WM. SMITH.

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

A motion was made by Mr. DORMAN, that the house adopt the following resolution: Resolved by the general assembly of Virginia, That the governor of this commonwealth be authorized in disbursing the sum of ten thousand dollars appropriated at the present session of the general assembly to the Virginia regiment of volunteers, to pay all such expenses incurred by the officers of the same and others, as to the said governor may seem right and proper.

A motion was made by Mr. GOODSON to amend the same by adding thereto the following:

"And the reasonable expenses of such other officers and men as may have been or may hereafter be enrolled under the call of 26th of December 1846."

On motion of Mr. DUNCAN, the said amendment was amended by adding thereto the following:
"And the reasonable expenses of such other companies as may now be in process of organization."
The said amendment as amended was then agreed to, and the resolution as amended was also agreed to.
Ordered, That the clerk communicate the same to the senate and request their concurrence.

On motion of Mr. OLIVER, Resolved, That the committee on agriculture and manufactures enquire into the expediency of establishing inspections of lime in the City of Richmond and town of Petersburg.

On motion of Mr. NEWMAN, Resolved, That the auditor of public accounts be relieved from responding to a resolution of enquiry directed to him and adopted by this house on the 29th ultimo.

On motion of Mr. STOVALL, Resolved, That so much of the governor's message as refers to the pay of the officers of the public guard be referred to the committee on the militia laws.

On motion of Mr. COCKE, leave was granted to withdraw the memorial of the Manchester turnpike company, presented at the session of the legislature in 1828; also the petition of citizens of sundry counties on the south side of James river, relative to the said Manchester turnpike, presented at the session in 1833; thereupon Mr. COCKE again presented the same, and they were ordered to be referred to the committee of propositions and grievances.

The SPEAKER laid before the house a communication from the governor, enclosing a copy of the proceedings of a convention held at Oxford, North Carolina, having for its object the improvement of the Roanoke, Dan and Staunton rivers; which, on motion of Mr. STOVALL, was laid upon the table and ordered to be printed. No. 19.]

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

[Doc.

No. 55. A bill directing a survey for a road from the Staunton and Parkersburg road in Lewis to the Northwestern road in Harrison; and

No. 58. A bill changing the place of holding a separate election in the county of Warren.
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. 61. A bill concerning Robert Lucas, deputy for David Sniveley, sheriff of Jefferson county; and No. 62. A bill concerning Daniel G. Henkle, deputy for David Sniveley, sheriff of Jefferson county. Mr. BANKS, from the committee of propositions and grievances, presented a report which was read as follows: The committee of propositions and grievances have, according to order, had under consideration the petition of sundry citizens of the borough of Morgantown, in the county of Monongalia, to them referred, praying that the boundaries of said borough be extended, so as to include within the same property in the immediate vicinity of said borough, the owners of which enjoy the benefits of the improvements as do other citizens of the borough, the taxation arising from which would very materially lessen that which is now levied upon those within the old limits; suggesting certain lines, as the new or proposed boundary of said borough. That an act may pass for such purpose, and also appointing suitable commissioners to run the new line or lines, and that the same may be established as the boundary of said borough: Whereupon,

Resolved as the opinion of this committee, That the prayer of the said petitioners be rejected, for want notice, as required by the 23rd rule of the house of delegates.

The said resolution was on the question put thereupon agreed to by the house.

Mr. FLOYD, from the committee of roads and internal navigation, presented the following bill, which was read the first and ordered to be read a second time, viz:

No. 66. A bill authorizing Albright, Sherrerd & Co. to construct a railroad in the county of Botetourt. Mr. HIETT, from the committee on the second auditor's office, presented a report which was read as follows: The committee to examine the second auditor's office, has performed that duty, and begs leave to report : The committee has found the books and papers of the office so arranged as to afford the committee every facility for a full investigation and careful examination of the office.

All receipts and disbursements are properly arranged, correctly entered, and in an excellent state of preservation.

The business of the office is discharged with great promptitude and ability.

The cash accounts and balances on the books of the office, have been carefully examined and found to be correct, and in accordance with the printed reports of this and the treasurer's office.

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

Mr. BURWELL, from the committee of schools and colleges, presented the following bill, which was read the first and ordered to be read a second time, viz:

No. 67. A bill to incorporate the Huguenot academy.

Mr. CARSON presented a petition of Frederick Larrick and others, praying a repeal or suspension of the act to establish district free schools, passed February 25th, 1846, so far as it applies to the county of Frederick.

Mr. KELLY a petition of the school commissioners of the county of Nansemond, praying that they may be exempt from the act passed the 5th March 1846, in relation to primary schools, or that some act may be passed by which said county may receive that portion of the school fund to which it is entitled.

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

Mr. M'PHERSON presented a petition of citizens of the county of Page, for the establishment of a separate election at the house of Jesse Wood, at Rileysville in said county.

Mr. PATRICK a petition of citizens of the county of Mason, for the formation of a new county out of parts of the counties of Kanawha, Mason and Cabell.

Mr. SMITH a petition of citizens of the county of Fauquier, for the formation of a new county out of said county.

Mr. SCOTT two similar petitions of other citizens of the said county.

Mr. CARROLL a memorial of citizens of the county of Grayson, remonstrating against the removal of their county seat of justice.

Mr. BYRD four petitions of citizens of the counties of Bath and Pendleton, for the formation of a new county out of parts of those counties.

Mr. Love five memorials of citizens of the county of Fairfax, remonstrating against annexing any part of said county to the county of Alexandria.

Mr. PERROW a petition of citizens of the county of Nelson, for the establishment of a separate election at Faber's mill in said county.

Mr. HARRISON of Loudoun a petition of citizens of the county of Loudoun, for the formation of a new county out of parts of the counties of Loudoun and Fauquier, with its seat of justice located at Upperville.

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

Mr. JONES of Gloucester presented a petition of citizens of the county of Gloucester, for the incorporation of a company to construct a railroad from the City of Richmond to Eltham in the county of New Kent. Mr. HAYMOND a petition of citizens of the county of Marion, for the passage of an act declaring Buffaloe creek a public highway.

Mr. BURDETT a petition of citizens of the county of Taylor, for the incorporation of a company to construct a railroad from some point on the South branch of the Potomac, to some point not further south than the mouth of the Little Kanawha river on the Ohio river.

Mr. BAMBRICK a memorial of citizens of the county of Brooke, remonstrating against any change in the terminus of the Baltimore and Ohio railroad, and against the charter of any company to construct a railroad south of the City of Wheeling.

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

Mr. HUNTER presented a petition of the members of the bar, officers of the court and others of the county of Jefferson, asking for a change in the time of holding the May term of the county court.

Also a petition of Henry Warfield, a free man of colour, asking permission to remain in the commonwealth. Mr. RICHMOND a petition of Daniel D. Jones, asking the relinquishment of the commonwealth's right to two lots in the town of Jonesville in the county of Lee.

Ordered, That the said petitions be referred to the committee for courts of justice.

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

TUESDAY, JANUARY 5, 1847.

On motion of Mr. PERROW, Resolved, That it be referred to the committee for courts of justice to enquire into the expediency of repealing all that portion of the fourth section of the act of the last session, entitled "an act to provide for the revisal of the civil code of this commonwealth," after the words "before the passage of the above recited act."

On motion of Mr. SYME, leave was granted to withdraw the petition presented at the last session of the general assembly from the citizens of Petersburg, for authority to the sergeant of the town to collect the taxes within said town; thereupon, he again presented the same and it was ordered to be referred to the committee on finance. Mr. STURM presented a petition of citizens of the county of Barbour, 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. OLDHAM a memorial of citizens of the county of Marshall, remonstrating against any alteration of the terminus of the Baltimore and Ohio railroad, or for the extension of said road to the Ohio river to any point south of the City of Wheeling.

The SPEAKER Submitted a petition of citizens of the counties of Cabell and Wayne, asking for the passage of an act authorizing the subscription by the state for two fifths of the stock in the Richmond and Ohio railroad company.

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

Mr. STURM presented a memorial of citizens of the county of Barbour, remonstrating against the formation of a new county, with the seat of justice thereof at Buchannantown.

Also a memorial of citizens of the county of Randolph, remonstrating against the formation of a new county with the seat of justice at the mouth of Clover run.

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

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

No. 68. A bill concerning free negroes and mulattoes; and

No. 69. A bill authorizing the county courts of counties bordering on the Ohio river, to establish ferries across said river.

And a report upon the resolution for changing the name of James Albert Burnley.

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

No. 70. A bill to incorporate the Male and female academy of Buchanan, in the county of Lewis.

On motion of Mr. BROWN of Albemarle, Resolved, That the committee on finance enquire into the expediency of requiring the sheriffs in making out their tax bills, to specify every item of taxation and the amount of tax paid on each subject so taxed.

No. 39. An engrossed bill subscribing on the part of the state for two fifths of the capital stock of the Giles, Fayette and Kanawha turnpike company, was taken up on motion of Mr. STEPHENSON, and read a third time, and the question being put upon its passage was determined in the affirmative. Ayes 67, noes 43.

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

AYES-Messrs. Brown of Albemarle, Hart, Layne, Powell, Sheffey, Johnson, Byrd, Boak, Small, Thompson of Botetourt, Bennett, Bambrick, Morris, Love, Smith, Hill of Fayette and Nicholas, Evans, Carper, Wall, Carson, White, Carroll, Calwell, Hiett, Thompson of Hampshire, Lee, Duncan, Lancaster, Hunter, Thompson of Jeffer son, Patrick, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Oldham, Waggoner, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Perrow, M'Pherson, Newman, Tunstall, Cackley, Fairfax, Sturm, Mayo, Cook, Harper, Dorman, Bare, Brown of Rockingham, M'Elhenney, Morison, Stickley, Tate, Burdett, Gillespie, Horner, Castleman, Goodson, Stephenson and Floyd-67.

NOES-Messrs. Jones, (speaker,) Harvie, Scruggs, Burwell, Bocock, Fox, Dickinson, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie, Street, Jones of Gloucester, Leake, Walker, Major, Darracott, Dillard, Godwin, Wallace, Gaines, Robinson, Gresham, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Kelly, Watts, Nelms, Oliver, Tatum, Syme, Cocke, Daniel, Tyler, Strother, Hill of Shenandoah, Goodwin, Holladay, Fitzhugh, Hargrave and Freeman-43.

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

No. 37. A bill making a further appropriation to the Southwestern turnpike road, was taken up on motion of Mr. Cook, and ordered to be engrossed and read a third time.

On motion of Mr. COCKE, Resolved, That the committee of finance be instructed to enquire into the expediency of authorizing the county court of Chesterfield to make a new assessment of the coal lands in that county belonging to Janetta Bryant and others.

On motion of Mr. BURDETT, Resolved, That the committee on banks enquire into the expediency of repealing the law imposing a penalty for passing notes of foreign states of a less denomination than five dollars.

On motion of Mr. EDMONDSON of Lunenburg, Resolved, That the committee of roads and internal navigation enquire into the propriety of so amending the charter of the Meherrin navigation company, as to give a further time of five years from the 22nd of March next within which to organize, and also to authorize an increase in the amount of capital stock, the number of commissioners to receive subscriptions, and such other changes in the said charter as may be deemed proper.

On motion of Mr. ROBINSON, Resolved, That the committee for courts of justice enquire into the expediency of allowing clerks of superior courts the same compensation for special as for regular terms.

On motion of Mr. OLDHAM, Resolved, That the committee of roads and internal navigation enquire into the expediency of reviving the act incorporating the Marshall and Ohio turnpike company, passed March 22nd, 1836. On motion of Mr. CASTLEMAN, Resolved, That so much of the governor's message as relates to the removal of free-negroes and mulattoes from this commonwealth, be referred to the committee for courts of justice. Mr. MORISON Submitted the following resolution:

:

Resolved, That the committee of privileges and elections be instructed to enquire into the expediency of changing the time of holding the general elections of this commonwealth.

On motion of Mr. HAYMOND, the same was amended by adding thereto the following:
"And also into the propriety of changing the time of meeting of the general assembly."
The said resolution was, as amended, agreed to by the house.

On motion of Mr. BROWN of Monongalia, Resolved, That the committee of roads and internal navigation enquire into the propriety of reviving the act incorporating the Dunkard creek turnpike company, passed February 1st, 1839.

On motion of Mr. BURWELL, the committee of schools and colleges were discharged from the consideration of the petition of the president and professors of Washington college and the superintendent and professors of the Virginia military institute, and the same was ordered to be referred to the committee for courts of justice.

Mr. THOMPSON of Botetourt presented a petition of the Covington convention, on the subject of the James river and Kanawha improvement, which, on his motion, was ordered to be printed. [Doc. No. 20.]

On motion of Mr. CASTLEMAN, leave was granted to withdraw all the petitions heretofore presented relative to the Little's falls turnpike company.

Mr. THOMPSON of Dinwiddie presented a memorial of the justices of the peace of the county of Dinwiddie, remonstrating against any change in the laws concerning the collection of the revenue of that county, which was ordered to be referred to the committee of finance.

Mr. SHEFFEY presented a petition of A. Waddell, B. M. Smith, Richard Collins and others, freeholders of Augusta county, for an alteration or repeal of the act of the 4th 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. HAYMOND presented a petition of citizens of the county of Marion, for the passage of an act authorizing the improvement of the navigation of the Monongahela river.

Mr. CASTLEMAN a petition of citizens residing near the Shenandoah river, for a charter to make a railroad from Little's falls on the Shenandoah river in the county of Jefferson to intersect the Baltimore and Ohio railroad at or near the Old Furnace in said county, and the Winchester and Potomac railroad at or near Keye's Switch. Ordered, That said petitions be referred to the committee of roads and internal navigation.

Mr. Love presented a petition of Joseph Bruin, asking that a fine imposed upon him by a court martial of the 60th regiment of Virginia militia may be refunded to him, which was ordered to be referred to the committee of claims.

Mr. FLOYD presented a petition of Stephen Odell, asking to be divorced from his wife Eleanor Odell. Mr. BROWN of Rockingham presented a petition of Samuel Null, a free man of colour, asking that permission may be granted him to remain in the commonwealth.

Ordered, That the said petitions be referred to the committee for courts of justice.

Mr. HARRISON of Loudoun presented a memorial of citizens of the counties of Loudoun and Fauquier, remonstrating against the formation of a new county out of parts of said counties having Upperville for its seat of justice, and praying that if a new county be created it may be so formed as to embrace Middleburg and make that town the county seat, which was ordered to be referred to the committee of propositions and grievances.

On motion of Mr. HARRISON of Loudoun, leave was granted to withdraw the petition of citizens of the counties of Fauquier, Loudoun and Prince William, for the formation of a new county out of parts of said counties, presented at the session of the general assembly in 1820-21; thereupon he again presented the same, and it was ordered to be referred to the same committee.

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

WEDNESDAY, JANUARY 6, 1847.

On motion of Mr. LEE, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of incorporating a company to improve the navigation of the Potomac above Cumberland by a slackwater improvement or otherwise.

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

No. 71. A bill divorcing William R. Myers from his wife Virginia.

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

No. 72. A bill authorizing a separate election at the house of Cornelius M. Shannon, in the county of Tazewell.

Mr. HARVIE, from the committee on finance, presented reports upon the resolutions for imposing taxes for the support of government upon the ad valorem principle; for increasing the pay of the commissioners of the revenue for the county of Hampshire; and for abolishing the tax upon writs and other law process.

Mr. STROTHER, also from the same committee, presented the following bill:

No. 73. A bill to authorize the auditor of public accounts to issue a warrant upon the treasury in favour of Peter Moore's administrator.

Mr. LEE presented a petition of Alexander Hamilton, on behalf of himself and others, for the incorporation of a mining and manufacturing company in the counties of Hampshire and Hardy, which was ordered to be referred to the committee on agriculture and manufactures.

Mr. THOMPSON of Botetourt presented a petition of Mary Margaret Sims, asking to be divorced from her husband, which was ordered to be referred to the committee for courts of justice.

Mr. HARPER presented a memorial of Samuel M'D. Reid, remonstrating against the extension of the limits of the town of Lexington, which was ordered to be referred to the committee of propositions and grievances.