The morning hour having expired,

On motion of Mr. STEVENS, the calendar was postponed thirty minutes.

The House resumed the consideration of the preamble and resolution offered by Mr. FOWLER.

Mr. FAUNTLEROY moved to amend the resolution by adding at the end the following:

"And that the auditor state in his response to this resolution, what is the whole comprehensive amount of the interest-bearing debt of Virginia upon which interest is annually to be paid and provided for under the constitution, and upon that basis what per cent. the present rate of taxation will pay."

Mr. WALLACE demanded the pending question; which was ordered. The amendment of Mr. FAUNTLEROY was agreed to.

The question being on agreeing to the preamble and resolution as amended, was put and decided in the affirinative.

Mr. STEVENS offered the following resolutions:

Resolved, 1st. That the committee on roads and internal navigation be instructed to ascertain and report to this House the amount of indebtedness of the James river and Kanawha company secured by mortgages upon its property, authorized to be thus secured by acts of the general assembly, and to what extent the state has been secured for money loaned said company, and what portion or portions thereof are embraced in the first and second mortgages executed by said company. 2. That said committee also report whether the provisions of the act of the general assembly, passed the 23d day of March, 1860, entitled an act to amend the charter of the James river and Kanawha company, have been complied with or not, and if complied with, when, and especially whether the act aforesaid, releasing the secured liens of the state for an equal amount of preferred stock inured to the benefit of the lien holders, other than the state, under said mortgages, and upon this latter subject they may obtain the opinion of the attorney-general and file the same with their report.

The question being on reference, was put and decided in the neg

ative.

The resolutions were agreed to.

Mr. LEE offered the following joint resolution:

Resolved (the Senate concurring), That a committee of three on the part of the House and two on the part of the Senate, be appointed to investigate the causes of complaint against Hampton normal institute, to send for persons and papers, or send a sub-committee to the institute to investigate said charges and report to the general assembly. The question being on reference, was put and decided in the affirm

ative.

The joint resolution was referred to the committee on finance.

On motion of Mr. ECHOLS, the use of the hall of the House of Delegates was granted to-morrow evening to Miss Virginia Charlton, to deliver a lecture on "The Condition of Women in America in the Nineteenth Century."

Leave of absence was granted Messrs. HARVIE and ATTKISSON one day each.

The time to which the calendar was postponed having arrived, the House proceeded to the business on the calendar.

The motion entered by Mr. BERNARD to reconsider the vote by which No. 45 House engrossed bill to authorize courts, or judges thereof in vacation, or justices of the peace, to order sales of personal property seized under writs of fieri facias, or under distress warrants, in cases where such property is expensive to keep or perishable was passed, came up.

The motion to reconsider was agreed to.

The question recurring on the passage of the bill, was put and decided in the affirmative.

On motion of Mr. BERNARD, the title was amended by striking out the whole of the title and inserting in lieu thereof the following:

"A bill to amend and re-enact section 36 of chapter 49 of the Code of Virginia, edition of 1873, so as to authorize courts, or judges thereof in vacation, or justices of the peace, to order sales of personal property seized under writs of fieri facias, or under distress warrants, in cases where such property is expensive to keep or perishable." No. 67. House engrossed bill to amend and re-enact section 32 of chapter 8 of the Code of 1873, in reference to the counting of the vote by board of state canvassers in cases of special election, was, on motion of Mr. ASHTON, taken up out of its order on the calendar. The bill was read a third time and passed.

Mr. ASHTON moved to reconsider the vote by which the bill was passed; which motion was rejected.

Ordered, That Mr. ASHTON carry the bill to the Senate and request their concurrence.

No. 31. Senate bill to amend and re-enact section two of an act entitled an act for the protection of game, approved March 14, 1878, came up.

The question being on agreeing to the third amendment proposed by the committee on propositions and grievances,

On motion of Mr. Wirre of Hanover, the bill was re-committed to the special committee on game.

No. 14. House bill to authorize the sale of church property belonging to the vestrymen of St. Andrew's Protestant Episcopal church, Beckford parish, county of Shenandoah, to make a valid title to the same and to re-invest the proceeds of the sale, came up.

On motion of Mr. WALLACE, the bill was passed by.

No. 33. House bill to make parties accused of rape and seduction. competent witnesses, came up.

The question being on agreeing to the substitute proposed by the committee for courts of justice,

Mr. EDMUNDS moved to amend the substitute proposed by the committee for courts of justice, by inserting at the end the following proviso:

"Provided, that in the trial of all indictments and other proceedings against persons charged with the commission of crimes or offences under this act, in which the defendant declines to testify, the court shall specially instruct the jury that no inference of guilt is to be drawn against him for that cause."

Mr. HANGER moved to re-commit the bill; which motion was rejected.

The amendment offered by Mr. EDMUNDS was agreed to.

Mr. ALLEN moved to insert the word "tenth" after "the" in the second line, first section; which was agreed to.

The substitute, as amended, was agreed to.

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

Mr. ALLEN moved to reconsider the vote by which the bill was ordered to be engrossed; which motion was rejected.

Mr. ECHOLS moved that the House adjourn; which motion was agreed to-yeas 62; nays 43.

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

YEAS-Messrs. Speaker, Adams, Akers, Ashton, Barbour, Bocock, Bohamrin, Burnham, John R. Carter, Chase, Cox, Crauk, Crutchfield, Dance, Diekenson, Dver, Echols, Edwards, Evans, Fauntleroy, Ficklin, Finney, Fry, Fulkerson, Gray, Green. Hamilton. Hanger, Hardesty, Healy, Hunter, Waddy T. James, Johnson, Kelly, Le, MeCaull, McConnell, McDaniel, McMullan, Norton, Oglesby, Parrish, Reese, J. H. Robinson, Sandidge, Shannon, Shriver, Shumate, J. Howard Smith, Southward. Spessard, Stevens. Sykes, Andrew J. Taylor, Trout, George Walker, Wallace, Waring, Thomes M. White, Witmer, Wingfield, and Young-62. NAYS-Messrs. Bernard, Brown, Burger, Coleman, Curlett, Davidson, Davis, Edmunds, Farr, Frazier, Fulton, Goode, Graves, Grigsby, Hall, H. H. Harrison, Reuben N. Harrison, Henry, Henson, Hiner, Johnston, Jordan, Keyser, Kyle, Lady, Lovell, Luck, McCraw, Moneure, Moorman, Nelson, Pulliam. Ragland, Edmund C. Robinson, Ryland, Shelburne, E. H. Smith, Warner T. Taliaferro, William Taylor, Joseph Walker, Watson, Whitacre, and Wilkinson-43.

The SPEAKER declared the House adjourned until to-morrow at 12 o'clock M.

TUESDAY, JANUARY 14, 1879.

The Journal was read by the clerk.

A communication from the Senate by their clerk, was read as follows:

In Senate, January 13, 1879.

The Senate have passed House bill entitled an act to amend and re-enact an act approved March 8, 1875, declaring Southanna river in Louisa county a lawful fence, No. 39.

No. 36. Senate bill entitled an act to incorporate the Dan valley and Yadkin river narrow-gauge railroad company, was reported from the committee on roads and internal navigation, with an amendment.

The following House bills, reported from the committee on roads and internal navigation, were read a first time:

No. 97. House bill to amend and re-enact an act to authorize the construction of a turnpike road in Princess Anne and Norfolk counties, approved March 14, 1878.

No. 98. House bill to incorporate the Virginia and Slatesville narrow-gauge railroad company.

No. 99. House bill to amend and re-enact the first section of an act to incorporate the Norfolk and Berkeley railroad company.

No. 10. Senate bill entitled an act authorizing the rent of the courthouse of Prince Edward county for lectures and exhibitions and for other purposes, was reported from the committee on counties, cities and towns.

The following House bills, reported from the committee on counties, cities and towns, were read a first time:

No. 100. House bill to provide for working and reparing the roads and bridges in the county of Smyth.

No. 101. House bill authorizing the board of supervisors of Southampton county to increase the salary of the county judge.

No. 43. Senate bill entitled an act to amend and re-enact section 19 of chapter 18 of the act approved March 14, 1878, revising the criminal laws of this state, was reported from the committee for courts of justice.

No. 22. House bill to amend and re-enact section 4 of an act approved April 2, 1874, in relation to the jurisdiction of county courts, heretofore re-committed to the committee for courts of justice, was reported back.

No. 102. House bill to amend and re-enact sections 7 and 8 of chapter 158, Code of Virginia, edition, 1873, in relation to the time of issuing writs of venire facias for jurors in civil cases, reported from the committee for courts of justice, was read a first time:

The following House bills, reported from the committee on propositions and grievances, were read a first time.

of

No. 103. House bill to incorporate the Relief society for the poor the Cumberland Street Methodist Episcopal church (south), of Norfolk, Virginia, and to provide a home for the same.

No. 104. House bill to incorporate the Lake Drummond masonic temple association of Deep Creek, Norfolk county, Virginia.

No. 105. House bill to amend and re-enact section 3 of an act entitled an act to incorporate the Wytheville mining, manufacturing hotel company.

No. 106. House bill to amend section 1 of an act approved March 25, 1872, declaring certain streams in Charlotte county to be highways, as amended by an act approved March 20, 1875, as amended by an act approved March 14, 1878.

The following report was agreed to:

The committee on officers and offices at the capitol have, according to order, had under consideration a resolution enquiring into the ex

pediency of abolishing the office of second auditor, and beg leave to present the following resolution :

Resolved, That it is inadvisable and inexpedient to abolish the office of second anditor.

A message was received from the Senate by Mr. BROOKE, who informed the House that the Senate had agreed to the substitute of the House to Senate preamble and joint resolution authorizing the governor to request the public creditors to meet the general assembly for conference about a plan of settlement of the state debt.

A message was received from the Senate by Mr. KoINER, who informed the House that the Senate had agreed to a joint resolution, as follows:

Resolved (the House of Delegates concurring), That the governor be authorized, if in his opinion the day fixed in the joint resolution for a conference with the public creditors be too near at hand for the attendance of many of them, to name a subsequent time for that purpose, and not exceeding, however, ten days from the 22d January, 1879; in which they respectfully request the concurrence of the House. The Senate joint resolution was agreed to.

The SPEAKER laid before the House a communication from the superintendent of public instruction, in response to a resolution of the House, as to what he means by diversion and robbery of public school funds.

Mr. HENRY moved to lay the communication on the table, and that it be printed; which was rejected.

On motion of Mr. IIARVIE, the communication was passed by and ordered to be printed.

Senate joint resolution returning thanks to W. W. Corcoran, Esq., of Washington city, for the gift of a valuable painting, as follows,

came up:

1. Resolved by the Senate of Virginia, (the House of Delegates concarring), That the thanks of the state of Virginia are due and hereby cordially tendered to W. W. Corcoran, Esq., of Washington city, for the painting by Lamie of the storming of a redoubt at Yorktown, which he has generously presented to the commonwealth.

2. That all proper measures will be taken to preserve unimpaired this costly and valuable work of art, which is at once an illustration of the genius of the artist, an impressive memorial of the great historic event it is intended to commemorate, and a cherished token of the kindly generosity of the esteemed and distinguished donor.

3. That his excellency, the governor of this commonwealth, be requested to transmit to Mr. Corcoran a copy of these resolutions, engrossed on parchment and attested by the seal of the commonwealth. Mr. Bocock offered the following as a substitute:

Whereas since the last session of the general assembly, W. W. Corcoran, Esq., of Washington city, who has heretofore given strong proofs of his friendly interst in our state and her public institutions, has donated to the University of Virginia, our leading state institution of