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Mr. BREATHED presented a petition of citizens of the county of Morgan, asking that the separate election now required to be held at the house of David Fernau deceased, shall hereafter be held at the house of Joseph Whitmeyer in the same vicinity.

Mr. BOAK a petition of the trustees and citizens of the town of Martinsburg, for the discontinuance of a street in said town and for authority to sell the ground and apply the proceeds thereof for the common benefit of the inhabitants of said town.

Mr. STREET a petition of citizens of Pittsylvania, Campbell and Bedford counties for the creation of a new county out of parts of those counties.

Mr. DUNCAN a memorial of citizens of the county of Harrison remonstrating against the formation of a new county out of parts of the counties of Harrison and Marion, with the seat of justice at the town of Shinston. Mr. PERROW a petition of citizens of the county of Nelson for a reduction of the tolls on the James river and Kanawha company's canal.

Mr. HARRISON of Loudoun presented several memorials and affidavits of citizens of Loudoun, Fauquier and Prince William, heretofore for the formation of a new county out of parts of said counties, with Middleburg as its seat of justice, expressing their preference for the new county, with Upperville as its seat of justice.

Also memorial of citizens of the counties of Loudoun, Fauquier and Prince William who had voted for the new county out of parts of said counties, with Salem as its seat of justice, expressing now their preference for the Middleburg plan.

And a memorial of other citizens of Loudoun and Fauquier for the said new county, with Salem as its seat of justice and Middleburg as the next alternative.

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, Barbour and Harrison.

Mr. NEWMAN a memorial of citizens of the county of Bath remonstrating against the formation of a new county out of parts of the counties of Bath and Pendleton.

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

Mr. HAYMOND presented a petition of citizens of the counties of Monongalia, Marion and Taylor asking for an appropriation for the Northwestern Virginia academy, located at Clarksburg, in the county of Harrison, which was ordered to be referred to the committee of schools and colleges.

Mr. BROWN of Rockingham presented a petition of citizens of the county of Rockingham for the passage of an act to provide for the preservation of sheep by taxing dogs, which was ordered to be referred to the committee on agriculture and manufactures.

On motion of Mr. Harrison of Loudoun leave was granted to withdraw the petition of citizens of Fauquier, for the formation of a new county, with Salem as its county seat; also the memorial of other citizens of said county, remonstrating against the same, and asking for a new county with Upperville as its seat of justice; the memorial of citizens of Warrenton to the same effect; and the petition of Charles Hunton and others in the neighbourhood of Warrenton, in favour of the said new county, with Salem as its county seat; thereupon he again presented the same, and they were ordered to be referred to the committee of propositions and grievances. On motion of Mr. TUNSTALL leave was granted to withdraw the petition of the officers of the forty-second regiment of militia asking to change the place of their training, presented at the last session of the general assembly; thereupon he again presented the same, and it was ordered to be referred to the committee on the militia

laws.

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 was taken up, and the said substitute was amended on motions severally made by Messrs. DORMAN and IRVING; and the question being upon the adoption of the said substitute as amended, Mr. STOVALL demanded that the vote thereon be recorded, and it was sustained by the house.

And then on motion of Mr. YERBY the house adjourned until Monday 12 o'clock.

MONDAY, JANUARY 18, 1847.

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

To the General Assembly of Virginia.

EXECUTIVE DEPARTMENT, JANUARY 16, 1847.

I received some few weeks ago a preamble and resolutions, and at the same time two other resolutions, from the state of New Hampshire, passed separately by the general assembly of that state, but approved the same day, which I herewith respectfully communicate.

Regarding one of these papers as highly insulting to Virginia, and both as tending directly to subvert the foundation upon which our federal Union was erected, I felt great difficulty as to their proper disposition. But the

attempt now being made in the house of representatives of the congress of the United States, to engraft one of the leading principles of these papers upon a money bill, together with the extraordinary and disorganizing sentiments avowed by its supporters, makes it my duty, without further delay, to submit them to your consideration. As it is manifest that a portion of our political brethren have lost all regard for that common interest and affection which carried us gloriously through the war of independence, and enabled us to form our present powerful Union; and are selfishly and unscrupulously seeking to deprive us of our right to share and to enjoy our future acquisitions of territory, I respectfully recommend the adoption of resolutions declaratory of our rights, of our ability to maintain them, and of our firm and unalterable determination never to make another concession of them to the "constant, progressive and increasing encroachments" of fanaticism and ambition.

It will not escape attention, that one of these resolutions avows that this is a great contest between slavery and freedom; and it is thus obvious, that it is seriously contemplated to interfere with and overthrow the institution of slavery. Measures, therefore, must be resorted to-we must fortify our position. One of the means of so doing is to free us of a particular description of our population, regarded as American citizens in certain states, and place it in a more intimate social contact with those whose patriotism and affections seem to concentrate upon the negro race.

I have the honour to be, very respectfully, your ob't serv't,

STATE OF NEW HAMPSHIRE.

WM. SMITH.

Whereas, the government of the United States, by the annexation of a foreign nation, and the admission of the state of Texas into the Union, with a constitution which in effect, makes slavery perpetual therein, have placed us before the world in the false attitude of supporters and defenders of a system of oppression, odious to every friend of liberty, and abhorrent to every principle of humanity and religion; and whereas, the constant, progressive and increasing encroachments of the slave power have become so formidable and imperious, that forbearance ceases to be a virtue, and to be silent is to be false to the great interest of liberty: Therefore,

Resolved by the senate and house of representatives in general court convened, That New Hampshire solemnly and deliberately announces and reiterates her abiding and unchanging adherence to the great principle of the declaration of our revolutionary fathers, that "all men are created equal," re-asserted in the first article of the bill of rights of our own constitution; that she declares her firm determination that in the great contest now being waged between slavery and freedom, her voice shall be heard on the side of the oppressed; that she pledges her cordial sympathy, and within the limits of her constitutional action, her co-operation with the friends of civil liberty throughout the land, in every just and well-directed effort for the suppression and extermination of that terrible scourge of our race, human slavery.

JOHN P. HALE,
Speaker of the House of Representatives.
JAMES U. PARKER, President of the Senate.

Approved July 10, 1846.

ANTHONY COLBY, Governor.

IN SENATE, JULY 10, 1846.

The following resolution submitted by Mr. HAMILTON, was read and adopted: Resolved, That the governor be requested to transmit copies of the preamble and resolutions relating to slavery, passed at this session of the legislature, to the governors of the several states, with the request that they be laid before their respective legislatures; and also a copy to each of the senators and representatives in congress from this state, to be laid before their respective houses.

Ordered, That the clerk lay before his excellency the governor a copy of the foregoing resolution.

The foregoing are true copies.

J. A. RICHARDSON, Clerk. GEORGE G. FOGG, Secretary of State.

STATE OF NEW HAMPSHIRE.

Resolved by the senate and house of representatives in general court convened, That the senators and representatives from this state in the congress of the United States, be respectively requested to urge in that body the passage of measures providing for the extinction of slavery in the District of Columbia; for its exclusion from Oregon, and other territories that now or at any time hereafter may belong to the United States; for all constitutional measures for the suppression of the domestic slave-trade; and to resist the admission of any new state into the Union while tolerating slavery.

Resolved, That his excellency the governor be requested to furnish copies of the foregoing resolution to the legislatures of the several states, and to our senators and representatives in congress.

JOHN P. HALE,

Speaker of the House of Representatives. JAMES U. PARKER, President of the Senate.

Approved July 10, 1846.

ANTHONY COLBY, Governor.
A true copy,

GEORGE G. FOGG, Secretary of State.

On motion of Mr. FLOYD, Resolved unanimously by the general assembly of Virginia, That the chief magistrate of this commonwealth be requested to return the resolutions transmitted to him by the executive of New Hampshire.

Ordered, That Mr. Bоcock carry the same to the senate and request their concurrence.
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 16, 1847.

"An act to amend the act, entitled 'an act authorizing the common council of the borough of Norfolk to fill up the Back creek above Bank street bridge in said borough, to establish a public square, and for other purposes,' (No. 23;) and

"An act authorizing a loan by the Winchester and Potomac railroad company, and for other purposes," (No. 26,) with amendments, in which they request the concurrence of the house of delegates.

The said amendment being twice read to the first bill, was agreed to by the house.
Ordered, That the clerk inform the senate thereof.

The said amendments to the last bill being read, the seventh amendment was amended on motions made by Mr. HUNTER and Mr. CARSON, and the whole of said amendments as amended were agreed to.

Ordered, That the clerk inform the senate thereof, and request their concurrence in the said amendments to their seventh amendment.

The SPEAKER announced the following as the committee to whom the resolution submitted on yesterday by Mr. TUNSTALL was referred, viz: Messrs. Tunstall, Freeman, Powell, Lancaster, Carroll, Morison and Horner. On motion of Mr. TYLER, Resolved, That this house will, by a joint vote with the senate, proceed on Wednesday the twentieth instant, to elect a senator of the United States to supply the vacancy occasioned by the death of the honourable Isaac S. Pennybacker.

Ordered, That Mr. STOVALL carry the same to the senate and request their concurrence.

On motion of Mr. PATRICK, Resolved, That the committee of propositions and grievances enquire into the expediency of amending the act, entitled "an act amending the law concerning the formation of new counties," passed April 5th, 1839, so as to confine the vote required to be taken at the several places appointed for holding precinct elections for and against the proposed new county, to the several places of holding precinct elections in that part of the county or counties out of which it is proposed to form the new county.

On motion of Mr. GRESHAM, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of amending the eleventh section of the act, entitled "an act concerning jailors, and for other purposes," passed February the 12th, 1823, so as to authorize jailors to receive into their custody for safekeeping slaves taken by any sheriff or coroner under any attachment issued either by a justice of the peace or any court either of law or chancery.

On motion of Mr. SCOTT, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of reviving and extending the act passed in 1829, authorizing the raising by way of lottery a sum of money for improving the Fauquier and Alexandria turnpike.

On motion of Mr. STOVALL, Resolved, That this house will, with the consent of the senate, proceed on Thursday the 21st day of January to the election of a councillor to fill the vacancy that will be created on the 31st of March next by the expiration of the term of service of John M. Patton.

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

On motion of Mr. DORMAN, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of incorporating a joint stock company to construct a turnpike or M'Adamized road from Buffaloe springs in the county of Amherst, to the mouth of Tye river.

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

No. 123. A bill to amend an act, entitled "an act concerning William M. Atkinson."

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

No. 124. A bill authorizing a separate election at Faber's mills in the county of Nelson.

Mr. STREET, from the committee of claims, presented reports upon the petitions of Stephen Kent and of Samuel B. T. Caldwell.

Mr. FLOYD, from the committee of roads and internal navigation, presented the following bill:

No. 125. A bill incorporating the Monongahela navigation company.

Mr. TYLER, from the committee on the subject, presented the following bills:

No. 126. A bill to authorize the Farmers bank of Virginia to establish a branch of said bank in the town of Alexandria; and

No. 127. A bill to incorporate the bank of Potomac in Alexandria.

On motion of Mr. STREET, the committee of claims was discharged from the consideration of the petition of the school commissioners of the county of Henrico, and the same was ordered to be referred to the committee of schools and colleges.

On motion of Mr. STREET, the same committee was also discharged from the consideration of the petition of Peter L. Forqueran, and the same was ordered to be referred to the committee for courts of justice.

A message was received from the senate by Mr. WALLACE, who informed the house that the senate agreed to the resolution requesting the governor to return certain resolutions to the state of New Hampshire, with amendments, in which they requested the concurrence of the house of delegates.

The said amendments being read were severally agreed to, and the resolution as amended, is the following: Resolved unanimously by the general assembly of Virginia, That the chief magistrate of this commonwealth be requested to return forthwith the resolutions of the legislature of New Hampshire, on the subject of slavery, transmitted to him by the executive of that state, and this day communicated to us.

Ordered, That the clerk inform the senate of the concurrence of this house in their said amendments to said resolution.

Mr. THOMPSON of Botetourt presented documents in relation to the formation of a new county out of parts of the counties of Botetourt, Giles, Monroe and Roanoke counties.

Mr. HILL of Shenandoah a petition of the Shenandoah lodge No. 32 of the Independent order of Odd Fellows for an act to incorporate a company with power to hold real and personal property to an amount not exceeding $5000, and for other purposes.

Mr. Bocock a petition of Valentine Parrish and other citizens of the county of Cumberland for the passage of an act to limit the tolls to be charged on the James river canal.

Mr. DUNCAN presented two memorials of citizens of the county of Harrison remonstrating against the formation of a new county out of parts of the counties of Harrison and Marion, with the county seat at the town of Shinston.

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

Mr. CARSON presented a petition of Robert L. Baker and others praying for a repeal or suspension of the act to establish district free schools, so far as it applies to the county of Frederick.

Mr. ANDERSON a petition of D. P. Gregg asking the payment of $35 63 for the tuition of indigent children in the county of Prince Edward.

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

Mr. EDMONDSON presented a petition of citizens of the county of Lunenburg asking that the Meherrin river may be declared a lawful fence from Love's bridge to the Brunswick county line, which was ordered to be referred to the committee on agriculture and manufactures.

Mr. SHEFFEY presented a memorial of the president and directors of the New Shenandoah company remonstrating against the passage of an act to authorize the construction of a railroad from Little's falls on the Shenandoah river, to the old furnace on the Baltimore and Ohio railroad, or to Keyes's switch on the Winchester and Potomac railroad, which was ordered to be laid upon the table.

Mr. SHEFFEY presented a petition of the president and directors of the New Shenandoah company for the repeal of the 3d section of the act passed the 11th of March 1840 concerning the New Shenandoah company. Mr. CASTLEMAN a petition of citizens of the town of Alexandria and others of the valley of Virginia for the incorporation of a company to construct a railroad from that town to Harper's Ferry.

Mr. THOMPSON of Jefferson a similar petition of other citizens of said town.

Mr. CASTLEMAN two petitions of citizens of the counties of Fauquier and Loudoun for a company to construct a railroad from Little's falls to intersect the Baltimore and Ohio railroad, at the old furnace on the Potomac river.

Mr. OLDHAM a document containing a plat and survey of the county of Marshall, to sustain the memorial of John Thompson remonstrating against the grant of a ferry across the Ohio river to H. J. M'Clean.

Mr. BAMBRICK a memorial of citizens of the county of Brooke remonstrating against confining the terminus of the Baltimore and Ohio railroad to the City of Wheeling.

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

Mr. M'DEARMON presented a petition of D. Mar and others asking the passage of an act to change the time of holding the circuit superior courts of the counties of Campbell and Appomattox, which was ordered to be referred to the committee for courts of justice.

Mr. Mosby presented a petition of citizens of the counties of Campbell, Bedford and other counties, praying the passage of some law, or other action by the legislature, restricting the power of the James river and Kanawha company to levy and collect tolls on agricultural productions, and limiting their power over the tolls to the maximum prescribed by the 44th section of the original charter of said company, which was ordered to be referred to the committee of propositions and grievances, and which, on his motion was ordered to be printed. [Doc. No. 30.] No. 47. A bill changing the time of holding the circuit superior courts of Cumberland and Appomattox counties and the town of Lynchburg, was taken up on motion of Mr. STREET, and on motion of Mr. M'DEarmon ordered to be recommitted to the committee for courts of justice.

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 was taken up, and the question being put upon adopting said substitute as heretofore amended, was determined in the affirmative. Ayes 69, noes 54.

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

AYES-Messrs. Brown of Albemarle, Hart, Layne, Harvie, Powell, Sheffey, Johnson, Byrd, Scruggs, Burwell, Boak, Thompson of Botetourt, Bambrick, Morris, Mosby, Fox, Lacy, Slaughter, Love, Scott, Smith, Hill of Fayette and Nicholas, Evans, Stillman, Carper, Wall, Carson, White, Calwell, Darracott, Lee, Lancaster, Hunter, Thompson of Jefferson, Patrick, Ballard, Harrison of Loudoun, Poindexter, Haymond, Oldham, Brown of Monongalia, Beirne, Edmundson of Montgomery and Pulaski, Breathed, Perrow, Edgington, Newman, Tunstall, Fairfax, Anderson, Tyler, Sturm, Strother, Mayo, Cook, Harper, Dorman, Bare, Brown of Rockingham, M'Elhenney, Hill of Shenandoah, Stickley, Tate, Holladay, Horner, Castleman, Goodson, Stephenson and Floyd-69. NOES-Messrs. Jones, (speaker,) Custis, Finney, M'Dearmon, Bennett, Maclin, Harrison of Brunswick, Bocock, Dickinson, Thompson of Dinwiddie, Chisman, Roane, Street, Jones of Gloucester, Leake, Carroll, Major, Stovall, Hiett, Thompson of Hampshire, Duncan, Dillard, Godwin, Howard, Wallace, Gaines, Gresham, Richmond, Schooley, M'Intyre, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Williams, Kelly, Happer, Yerby, Nelms, Oliver, Davis, M'Pherson, Tatum, Syme, Lanier, Cocke, Stone, Daniel, Morison, Goodwin, Fitzhugh, Hargrave, Freeman, Burdett and Chandler-54.

The said bill as amended, was then ordered to be engrossed and read a third time.

No. 30. A bill to provide for cases in which the courts have failed to comply with the act of the 5th of March 1846, amending the present primary school system and for other purposes, with the substitute thereto proposed by Mr. BURWELL was taken up; thereupon Mr. GRESHAM submitted an amendment to said substitute, and then a motion was made by Mr. DANIEL that the farther consideration of said bill and amendments be indefinitely postponed, and pending the said question,

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

TUESDAY, JANUARY 19, 1847.

A communication was received from the senate by their clerk, which was read as follows:

IN SENATE, JANUARY 18, 1847. The senate have agreed to the resolution for the election of a senator to the congress of the United States, to supply the vacancy occasioned by the death of the honourable Isaac S. Pennybacker.

The SPEAKER laid before the house a communication from the governor enclosing one from P. G. Washington, auditor of the United States postoffice department, preferring a claim against the state of Virginia for $ 1335 08, the amount of tolls levied upon stagecoaches employed in transporting the United States mail over that part of the Cumberland road within her limits; which on motion of Mr. EDGINGTON was ordered to be referred to the committee of roads and internal navigation.

On motion of Mr. GRESHAM, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of repealing so much of the 17th section of the act, entitled "an act to reduce into one the several acts to regulate the solemnization of marriages, prohibiting such as are incestuous or otherwise unlawful, to prevent forcible and stolen marriages, and for the punishment of the crime of bigamy," as prohibits a man from marrying his wife's sister or his brother's widow.

On motion of Mr. HUNTER, Resolved, That the committee for courts of justice be directed to enquire into the expediency of providing by law for the more perfect protection of parties interested in the bonds of executors, administrators, guardians and other fiduciaries, and determining more certainly upon whom the responsibility shall rest in cases of defective or insufficient bonds being taken by any of the courts of this commonwealth.

On motion of Mr. BENNETT, Resolved, That the committee of propositions and grievances be instructed to enquire into the expediency of reporting a bill for the establishment of the town of Jacksonville in the county of Lewis.

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