of Loudoun, Haymond, Oldham, Waggoner, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Perrow, Newton, Watts, Happer, Edgington, Lanier, Tunstall, Cocke, Fairfax, Stone, Anderson, Strother, Mayo, Cook, Harper, Dorman, Tate, Gillespie, Horner and Goodson-47. NOES-Messrs. Jones, (speaker,) Custis, Finney, Harvie, Powell, Byrd, Scruggs, Burwell, Harrison of Brunswick, Bocock, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie,_ Roane, Love, Smith, Evans, Street, Carper, Leake, Carroll, Walker, Hiett, Thompson of Hampshire, Darracott, Duncan, Dillard, Howard, Hunter, Thompson of Jefferson, Gresham, Richmond, Ballard, Schooley, M'Intyre, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Beirne, Breathed, Kelly, Yerby, Nelms, Oliver, Davis, M'Pherson, Tatum, Syme, Cackley, Daniel, Sturm, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Goodwin, Holladay, Hargrave, Freeman, Burdett, Castleman and Chandler-66. A motion was then made by Mr. CocкE to amend the said sixth section so as to cause the last clause to read, "And that the said president and directors shall expend, if so much be required, sixty thousand dollars of the said stock in the construction of a dam and lock across the Kanawha river at Tyler's shoals, or as near thereto as a suitable foundation for the same can be obtained, and in the construction of the Rivanna and Southside connections one hundred and seventy thousand dollars." And the question being put thereupon, was determined in the negative. Ayes 38, noes 76. On motion of Mr. SMITH the vote was recorded as follows: AYES-Messrs. Brown of Albemarle, Hart, Layne, Sheffey, Johnson, Boak, Small, Thompson of Botetourt, Bocock, Mosby, Irving, Wall, Carson, White, Calwell, Lee, Lancaster, Patrick, Haymond, Waggoner, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Perrow, Newton, Edgington, Cackley, Cocke, Fairfax, Anderson, Sturm, Mayo, Cook, Harper, Dorman, Tate, Gillespie, Goodson and Floyd-38. NOES-Messrs. Jones, (speaker,) Custis, Harvie, Byrd, Scruggs, Burwell, Bennett, Harrison of Brunswick, Morris, Fox, Lacy, Cardwell, Slaughter, Thompson of Dinwiddie, Roane, Love, Smith, Evans, Street, Carper, Jones of Gloucester, Leake, Carroll, Walker, Major, Stovall, Hiett, Thompson of Hampshire, Darracott, Duncan, Dillard, Godwin, Howard, Hunter, Thompson of Jefferson, Wallace, Robinson, Gresham, Richmond, Harrison of Loudoun, Schooley, M'Intyre, Poindexter, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Breathed, Kelly, Yerby, Nelms, Oliver, Davis, M'Pherson, Tatum, Syme, Lanier, Tunstall, Stone, Daniel, Tyler, Strother, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Goodwin, Holladay, Fitzhugh, Hargrave, Freeman, Burdett, Castleman and Chandler-76. A motion was then made by Mr. Bocock to amend the said section so as to cause it to read, "And that the said president and directors shall expend, if so much be required, sixty thousand dollars of the said stock in the construction of a dam and lock across the Kanawha river at Tyler's shoals, or as near thereto as a suitable foundation for the same can be obtained, eighty-six thousand six hundred dollars in the construction of the Southside connections, and in completion of the connections." And then on his motion the house adjourned until to-morrow 12 o'clock. WEDNESDAY, JANUARY 13, 1847. The SPEAKER laid before the house a communication from the governor, enclosing a letter from the field officers of the regiment of the Virginia volunteers, relative to furnishing said regiment with further supplies of clothing, which, on motion of Mr. LEAKE, was ordered to be referred to the committee on the militia laws. The SPEAKER also laid before the house a communication from Robert G. Scott, Esq. enclosing his report in regard to the revision and digest of the criminal code, which, on motion of Mr. LEE, was ordered to be printed. [Doc. No. 27,] and on motion of Mr. SCOTT, the same was ordered to be referred to the committee for courts of justice. The SPEAKER further submitted a communication from the second auditor, transmitting statements in conformity to a resolution of the house of the 6th instant, shewing the money which has been drawn from the Literary fund on account of the University of Virginia, and on account of the primary schools; and the amount appropriated in aid of academies by the school commissioners of certain counties and corporations, and the amount of school quotas forfeited by sundry counties to which they were assigned; which communication, on motion of Mr. WILLIAMS, was laid upon the table and ordered to be printed. [Doc. No. 28.] The SPEAKER also submitted a report of the board of directors of the Eastern lunatic asylum, presenting the condition of that institution, which, on motion of Mr. SHEFFEY, was referred to the committee on lunatic asylums, and ordered to be printed. [Doc. No. 29.] The SPEAKER laid before the house a letter from John K. Martin, which was read as follows: STEAMBOAT POWHATAN, JANUARY 13, 1847. SIR,-It becomes my melancholy duty to inform you (and through you) the house of delegates of the death of the Hon. I. S. Pennybacker, late senator of Virginia, who departed this life yesterday morning at 4 o'clock. Notice Washington City and Baltimore papers, one of which I now send. Very respectfully, your ob't serv't, JOHN K. MARTIN, Mail Agent. To the Hon. JOHN W. JONES, Speaker of the House of Delegates. On motion of Mr. DORMAN, the said letter was ordered to be laid upon the table. On motion of Mr. BARE, Resolved unanimously by the general assembly of Virginia, That we have heard with deep regret the death of the Hon. Isaac S. Pennybacker, one of the senators in congress from the state of Virginia. Resolved, As a testimonial of respect for the exalted character and personal worth of the said Isaac S. Pennybacker, the members of the general assembly of Virginia will wear the usual badge of mourning for the space of thirty days. Resolved, That a copy of these resolutions be transmitted to the widow of the deceased, with the expression of our deep sympathy for her loss. Ordered, That the clerk communicate the same to the senate and request their concurrence. THURSDAY, JANUARY 14, 1847. A communication was received from the senate by their clerk, which was read as follows: The senate have passed the bills, entitled IN SENATE, JANUARY 11, 1847. "An act 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 the said county." (No. 48.) "An act authorizing a separate election at the storehouse of Elkanah B. Turner in the county of Henry." (No. 51.) "An act changing the place of holding a separate election in the county of Warren," (No. 58;) and "An act divorcing Abraham George Leatherman from his wife Mary Ellen." (No. 9.) A further communication was received in like manner, which was also read as follows: IN SENATE, JANUARY 13, 1847. The senate have agreed to a resolution requesting the house of delegates to return to the senate the bill, entitled "An act changing the company of Rifle Greys in the county of King William to a company of light infantry, and authorizing an exchange of arms," (No. 29;) which was inadvertently communicated to that house. The said resolution was read as follows: Resolved, That the house of delegates be respectfully requested to return to the senate the bill, entitled “an act changing the company of Rifle Greys in the county of King William to a company of light infantry, and authorizing an exchange of arms," (No. 29;) which was inadvertently communicated to that house. And the question being put upon returning said bill, was determined in the affirmative. On motion of Mr. STOVALL, Resolved, That the committee of claims enquire into the expediency of paying to the administrators of John B. Richardson the balance due said Richardson as captain of the public guard. On motion of Mr. DUNCAN, Resolved, That the committee of schools and colleges be directed to enquire into the expediency of transferring the commonwealth's claim to a survey of forfeited lands lying in the county of Lewis on the waters of Buchanan river, and directed to be sold by a decree of the circuit superior court of law and chancery for said county at its last term to the trustees of the Male and female academy of Buchanan, incorporated at the present session of the legislature, to be disposed of for the benefit of said academy. On motion of Mr. SHEFFEY, Resolved, That the committee for courts of justice enquire into the expediency of enacting by law that the provisions of the 89th and 96th sections of the act regulating the militia of this commonwealth, (1 Revised Code, chap. 35,) be made to apply to volunteers in the Virginia regiment, and to such other volunteers as may hereafter be called into the service of the United States. On motion of Mr. SHEFFEY, Resolved, That the committee on banks be instructed to enquire into the expediency of reporting a bill authorizing the president, directors and stockholders of the Exchange Bank of Virginia to establish a branch bank at Staunton. On motion of Mr. Love, Resolved, That the committee for courts of justice enquire into the expediency of providing more effectually for the protection of the rights of married women; so as to secure the property of the wife at the time of marriage, from the debts, liabilities, or engagements of the husband. On motion of Mr. MORISON, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of increasing the compensation of the jailors of this commonwealth for the support of runaway slaves confined in the said jails for safe keeping. The SPEAKER announced the following as the committee on the part of the house of delegates under the resolution of the senate adopted on the 12th instant, relative to certain arrangements with individuals and others made by the Richmond, Fredericksburg and Potomac railroad and other railroad companies, viz: Messrs. Daniel, Syme, Holladay, Watts, Poindexter, Sheffey, Haymond, Morris, Lacy, Goodson and Newton. On motion of Mr. SYME, the select committee on the petition of Robert A. Mayo and others were discharged from the farther consideration thereof, and the said petition was ordered to be referred to the said joint committee under the resolution of the senate. Mr. BURWELL, from the committee of schools and colleges, presented the following bill: No. 108. A bill investing part of the Literary fund in buildings, &c. for the Medical college in the Valley of Virginia. Mr. BANKS, from the committee of propositions and grievances, presented the following bill: No. 109. A bill authorizing a separate election at Rileysville in the county of Page. Mr. HOLLADAY, from the committee of claims, presented reports upon the petitions of Joseph Bruin; of Andrew Crolly; of George Head; and upon the resolution relative to the sheriff of the county of Middlesex; and the following bill: No. 110. A bill refunding to David Rawls a certain sum of money. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bills: No. 111. A bill to authorize a lease of the Seaboard and Roanoke railroad to the trustees of Portsmouth and the city councils of Norfolk jointly, and to authorize a subsequent sale of the road to the same parties. No. 112. A bill to incorporate the Little falls railroad company; and No. 113. A bill to incorporate the Clarksburg and Weston turnpike company. Mr. DAVIS, from the committee on agriculture and manufactures, presented the following bill: No. 114. A bill to incorporate the Mount Vernon cotton manufacturing company in the town of Alexandria. Mr. Bocock, from the committee for courts of justice, presented reports upon the resolutions for amending the law regulating the fees of clerks; and providing for taking depositions of witnesses where they reside one hundred miles and upwards; and the following bill: No. 115. A bill divorcing Mary Margaret Sims from her husband Robert Sims. Mr. Fox presented a petition of citizens of the county of Fluvanna, for the passage of an act to authorize the voters of said county at their next election to vote upon the question whether licenses to retail ardent spirits shall be granted in said county or not. Mr. WATTS a petition of citizens of the town of Portsmouth, asking for the passage of an act incorporating said town with the privilege of establishing an independent ferry from Norfolk to Portsmouth. 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, Harrison and Barbour. Mr. HARRISON of Loudoun a petition of citizens of the county of Prince William, for the formation of a new county out of parts of the counties of Loudoun, Fauquier and Prince William with the seat of justice at the town of Middleburg. Ordered, That the said petitions be referred to the committee of propositions and grievances. Mr. DORMAN presented a petition of citizens of the town and county of Alexandria, praying that the state will purchase a portion of the stock of the Alexandria canal. Mr. PATRICK a petition of the manufacturers of salt in the county of Kanawha, for the reduction of the tolls on the Kanawha river. Mr. BENNETT a petition of citizens of the county of Lewis, for the incorporation of a company to construct a railroad from some point on the Potomac to some point on the Ohio, not further south than the mouth of the Little Kanawha river. Mr. STURM a similar petition of citizens of the county of Randolph. Mr. BAMBRICK a similar petition of citizens of the county of Brooke. Also a memorial of other citizens of the county of Brooke, remonstrating against changing the terminus of the Baltimore and Ohio railroad to any point below the City of Wheeling. Mr. DUNCAN presented two petitions of citizens of the county of Harrison, for the passage of an act authorizing the construction of a turnpike from the town of Beverley via Phillippi to Clarksburg. Mr. DARRACOTT a petition of citizens of the county of Hanover and others on the line of the Richmond, Fredericksburg and Potomac railroad, for the incorporation of a company to construct a railroad from the City of Richmond to the head of York river. Mr. BROWN of Monongalia a petition of citizens of the county of Monongalia, for the improvement of the navigation of the Monongahela river from the Pennsylvania line upwards. Mr. THOMPSON of Jefferson a petition of citizens of the town of Alexandria, for the incorporation of a company to construct a railroad from Harper's Ferry to said town. Ordered, That said petitions be referred to the committee of roads and internal navigation. Mr. EDGINGTON presented a petition of William Otterson, asking to be allowed compensation for building a bridge on the Cumberland road within this state. Mr. GRESHAM a petition of Thomas Brown and James Saunders, asking to be allowed compensation for their services as guards employed in conveying two convicts from the jail of the county of Lancaster to the penitentiary. Mr. SYME a petition of Nancy Munford alias Walden, Catharine Walden, and Elizabeth Armistead, formerly Walden, asking that the commonwealth's right to certain escheated land may be released to them. Ordered, That said petitions be referred to the committee of claims. Mr. LEAKE presented a memorial of sundry citizens of the town of Alexandria, remonstrating against giving to such magistrates as live in that portion of the county of Fairfax which it is proposed to annex to Alexandria priority over the citizens of Alexandria in the commission which may be granted them, which was ordered to be referred to the committee of propositions and grievances. Mr. TATUM presented a petition of the school commissioners and others of the county of Patrick, asking the passage of an act authorizing the late treasurer of the said school commissioners to retain in his hands the amount advanced by him for the education of poor children, which was ordered to be referred to the committee of schools and colleges. Mr. HUNTER presented a petition of Elizabeth C. Ruckle and others, asking some amendment to the law respecting the widow's dower right to slaves. Mr. CALWELL a memorial of citizens of the county of Greenbrier, remonstrating against the removal of the court of appeals from Lewisburg to the White Sulphur springs. Ordered, That the said petitions be referred to the committee for courts of justice. Mr. HAYMOND a petition of citizens of the county of Wetzel, for an appropriation of money to construct a road from the Northwestern road, by the way of Fairmount, to New Martinsville in said county, which was ordered to be laid upon the table. Mr. ANDERSON presented a petition of A. Vaughan and others, for the passage of an act incorporating the Appomattox savings bank, which was ordered to be referred to the committee on banks. Mr. SLAUGHTER presented a petition of John Thompson, asking a change in the mode of improving the Kanawha river, which was ordered to be laid upon the table. No. 28. A bill to provide for the completion of the James river and Kanawha canal from tidewater at Richmond, to the town of Buchanan, and for other purposes, with the substitute thereto proposed by Mr. STROTHER, and the amendment to said substitute proposed by Mr. Bocock, was taken up, and the said amendment to the substitute was disagreed to. The said substitute was then amended on motion of Mr. IRVING, by inserting in the sixth section the following words: "and that the said president and directors shall expend thirty-two thousand dollars towards the construction of a dam and locks across the river at Cartersville." A motion was made by Mr. MOSBY, further to amend said substitute, by inserting at the end of the first section the following: Provided, That notwithstanding any thing contained in the first section of the act, passed the 24th of March 1843, entitled "an act authorizing the James river and Kanawha company to increase their tolls, and for other purposes," the James river and Kanawha company shall not, hereafter, demand and receive tolls upon indian corn, wheat, rye and other grains and grass seeds-upon flour, corn meal and other meal-upon hemp, flax, cotton, tobacco, and all agricultural productions, transported on the James river, upon either the ascending or descending navigation, exceeding two and a half cents per ton of two thousand pounds per mile. And the question being put upon the said amendment, was determined in the negative. Ayes 29, noes 95. On motion of Mr. YERBY the vote was recorded as follows: AYES-Messrs. Brown of Albemarle, Hart, Harvie, Powell, M'Dearmon, Sheffey, Scruggs, Burwell, Bennett, Bocock, Mosby, Fox, Cardwell, Irving, Street, Leake, Carroll, Dillard, Edmundson of Montgomery and Pulaski, Tatum, Tunstall, Cocke, Sturm, Cook, Tate, Burdett, Goodson, Stephenson and Floyd-29. NOES-Messrs. Jones, (speaker,) Custis, Finney, Layne, Johnson, Byrd, Boak, Small, Thompson of Botetourt, Bambrick, Harrison of Brunswick, Morris, Dickinson, Lacy, Slaughter, Thompson of Dinwiddie, Roane, Love, Smith, Hill of Fayette and Nicholas, Carper, Carson, White, Jones of Gloucester, Calwell, Walker, Major, Hiett, Thompson of Hampshire, Darracott, Lee, Duncan, Lancaster, Godwin, Howard, Thompson of Jefferson, Patrick, Wallace, Gaines, Robinson, Gresham, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Poindexter, Edmondson of Lunenburg, Banks, Haymond, Oldham, Brown of Mathews and Middlesex, Waggoner, Williams, Brown of Monongalia, Beirne, Breathed, Kelly, Perrow, Newton, Watts, Happer, Yerby, Nelms, Oliver, Edgington, Davis, M’Pherson, Syme, Lanier, Cackley, Fairfax, Stone, Anderson, Daniel, Tyler, Strother, Mayo, Harper, Dorman, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Goodwin, Holladay, Fitzhugh, Hargrave, Freeman, Gillespie, Horner, Castleman and Chandler-95. On motion of Mr. DARRACOTT, the house adjourned until to-morrow 12 o'clock. FRIDAY, JANUARY 15, 1847. A communication was received from the senate by their clerk, which was read as follows: IN SENATE, JANUARY 12, 1847. The senate have passed the bill, entitled "An act making further appropriation to the Southwestern turnpike road." (No. 37.) Mr. DANIEL, from the committee of privileges and elections, presented reports upon the contested election. from the counties of Grayson and Carroll; and upon a resolution of enquiry into the expediency of changing the time of holding the general elections of the commonwealth, and for changing the time of the meeting of the general assembly. Mr. BARE, from the committee of propositions and grievances, presented a report upon the petition of citizens of the counties of Mason, Cabell and Kanawha, for the formation of a new county out of parts of each of said counties. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bills: No. 117. A bill to facilitate the construction of an electric telegraph line on the great northern and southern mail route. On motion of Mr. BARE the committee of propositions and grievances were discharged from the consideration of several resolutions for more definitely defining the boundary line of the county of Taylor, and the same were laid upon the table. Mr. SCOTT presented a petition of citizens of the county of Fauquier, praying for the formation of a new county out of said county by a plan which will place the county seat at the town of Salem. 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 county seat at the town of Shinston. Mr. HARPER a memorial of citizens of the town of Lexington, remonstrating against the extension of the limits of said town. Ordered, That said petitions be referred to the committee of propositions and grievances. Mr. CARSON presented a petition of John George Heist, praying that he may be exempted from the payment of certain militia fines, and that agents employed in the management of railroads may be exempted from ordinary militia duty, which was ordered to be referred to the committee on the militia laws. Mr. EDGINGTON presented a petition of Abram M'Collock and other citizens of Ohio county, wool growers and others, praying for the passage of an act authorizing the county court of that county to impose a tax upon dogs; which was ordered to be referred to the committee on agriculture and manufactures. Mr. BURWELL presented a petition of citizens of the county of King George, for the passage of an act amending the "act for the establishment of a district school system," passed on the 25th February 1846, which was ordered to be referred to the committee of schools and colleges. Mr. BENNETT submitted the following resolution : Resolved, That the committee of schools and colleges be instructed to report to this house bill No. 223 of the session of 1843-4, granting to the Weston academy the surplus sales of forfeited lands in Lewis county. Pending the consideration thereof the house passed to the execution of the joint order of the day for the election of a United States senator to supply the vacancy which will occur on the 4th of March next by the expiration of the term of service of William S. Archer, Esq.; thereupon Mr. Bocock nominated Robert M. T. Hunter, Esq., Mr. TYLER nominated governor William Smith, and Mr. DORMAN nominated William S. Archer, Esq., and the senate having been informed thereof by Mr. CARSON, and no person having been added to the nomination in that house the vote was recorded as follows: For R. M. T. Hunter-Messrs. Harvie, Bocock, Dickinson, Chisman, Jones of Gloucester, Calwell, Duncan, Gaines, Robinson, Poindexter, Browne of Mathews and Middlesex, Goode, Williams, Beirne, Anderson, Holladay, Fitzhugh, Gillespie and Floyd-19. For William Smith-Messrs. Jones, (speaker,) Layne, Powell, M'Dearmon, Byrd, Thompson of Botetourt, Bennett, Bambrick, Morris, Smith, Hill of Fayette and Nicholas, Evans, Street, Carper, Carson, White, Leake, |