Library of
Emory University
221515
OCT SI 1950
JOURNAL
OF THE
HOUSE OF DELEGATES
OF THE
STATE OF VIRGINIA,
FOR THE
EXTRA SESSION, 1861,
RICHMOND s
WILLIAM F. RITCHIE, PUBLIC PRINTER,
1861.
JOURNAL.
MONDAY, January 7, 1861.
A majority of the members appearing, the Speaker called the
house to order at 12 o'clock.
Prayer was offered by Rev. Mr. Duncan of the Methodist church.
The proclamation of the governor convening the general assembly,
was read as follows:
By the Governor—A Proclamation.
Whereas, by the constitution of this commonwealth, the governor
is invested with the authority to convene the general assembly,
" when in his opinion the interests of the commonwealth require it:"
And whereas, at the last session of the legislature, a large amount
of the public business was left in an unfinished condition, for want
of time to complete the same : and whereas since that time a con¬
tract has been entered into by the James river and Kanawha com¬
pany, for the sale of its entire line of improvement, with all its fran¬
chises and immunities, including the large interest held therein by
the commonwealth, and with stipulations for the completion of the
entire work, and it is necessary that the contract, if approved,
should be ratified by the general assembly, to give validity and force
to the agreement so made :
And whereas, by the appointment of electors, a majority of whom
are known to be favorable to the election of sectional candidates as
president and vice-president of the United States, whose principles
and views are believed by a large portion of the southern states to
be in direct hostility to their constitutional rights and interest, and
in consequence thereof, great excitement prevails in the public mind,
and prudence requires that the representatives of the people of this
commonwealth should take into consideration the condition of pub¬
lic affairs, and determine calmly and wisely what action is necessary
in this emergency:
Therefore, I, John Letcher, governor, by virtue of the authority
aforesaid, do hereby require the senators and delegates of the two
houses of the general assembly of the commonwealth to convene at
the capitol in the city of Richmond, on Monday the 7th day of Ja¬
nuary, A. D. 1861, at 12 o'clock, to legislate upon such subjects as
they may deem necessary and proper.
4
journal of the
Given under my hand as governor, and under the seal of the com¬
monwealth at Richmond, on the 15th day of November 1860, and in
the 85th year of the commonwealth.
(Signed) JOHN LETCHER.
By the Governor:
(Signed) GEO. W. MUNFORD,
Secretary of the Commonwealth.
On motion of Mr. Haymond, a committee, consisting of Messrs.
Haymond, Tomlin and Reid, were appointed to wait on the governor,
and inform him that the house being now organized, was ready to re¬
ceive any communication which he might be pleased to transmit; and
subsequently Mr. Haymond reported that they had performed the duty
assigned them, and that the governor would make a communication
to the general assembly at once.
The message of the governor was then presented by the Speaker,
and was read.
[For message, see Doc. No. 1, appended to this volume.]
On motion of Mr. Boreman, the message was laid on the table,
and fifteen hundred extra copies ordered to be printed.
Mr. Bassel submitted the following joint resolution:
Resolved, by the general assembly of Virginia, that the Union be¬
ing formed by the assent of the states respectively, and being consis¬
tent only with freedom and the republican institutions guaranteed to
each, cannot and ought not to be maintained by force.
That the government of the Union has no power to declare or
make war against any of the states which have been its constituent
members.
That any effort by that government to coerce any state to reunion
or submission, whether under the claim of enforcing the laws against
citizens or otherwise, should and will be esteemed by Virginia, from
community of interests and relations, as war on her likewise, to be
resisted to the utmost of her means and power.
Mr. Robertson moved as a substitute for the foregoing resolution,
that so much of the governor's message as refers to the coercion of a
state by the government of the United States, be referred to a com¬
mittee of fifteen, with instructions to report immediately; and the
question being on agreeing thereto, was put, and decided in the af¬
firmative.
Mr. Robertson, Mr. Hoffman and Mr. Wilson severally submit¬
ted resolutions ; which were ordered to be referred to said committee.
The Speaker announced the committee as follows: Messrs. Ro¬
bertson, Bassel, Yerby, Seddon, Hopkins, Chapman, Martin, Wood,
Anderson, Cowan, Duckwall, Ball, Grattan, Welch and Carter.
On motion of Mr. Kemper,
Resolved, that a committee of fifteen be appointed, with instruc¬
tions to report, at the earliest practicable time, a bill, providing for a
convention of the people of Virginia.
HOUSE OF DELEGATES.
5
On motion of Mr. Anderson,
Resolved, that so much of the governor's message as relates to the
James river and Kanawha company, he referred to the committee of
roads and internal navigation, with instructions to enquire into the
expediency" of incorporating the Virginia canal company, upon the
basis of the executory agreement entered into by Messrs. Bellot des
Minieres, Brothers and Company with the said James river and Ka¬
nawha company on the first day of September 1860.
On motion of Mr. Jones of Gloucester,
Resolved, that leave be given to withdraw from the files, engrossed
bill 133, and all other engrossed bills, whether reported from the
house or senate, reported from the committee on finance, and not
acted upon by the house ; and that they be referred to the committee
on finance.
On motion of Mr. Myers,
Resolved, that the committee on banks enquire into the expediency
of amending the charter of the Bank of Richmond.
On motion of Mr. Frost,
Resolved, that the committee on finance be instructed to enquire
into the expediency of reporting a bill for the relief of the securities
of Joshua H. Staats, late sheriff of Jackson county.
On motion of Mr. Christian,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of authorizing the speedy construction of
a rail road from the state arsenal at Lexington to some point on the
Central rail road.
On motion of Mr. Riddick,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of authorizing the Norfolk and Petersburg
rail road to construct a branch of their road.
On motion of Mr. Montague,
Resolved, that the committee on finance enquire into the expe¬
diency of amending the 25th section of the act of last session, entitled
an act imposing taxes for the support of government, passed March
31, 1860, so as to authorize persons resident of this state engaged as
colporteurs in selling Bibles, religious publications, tracts, &c. to be
exempted from the operation of said act.
On motion of Mr. Lucas,
Resolved, that leave' be given to withdraw from the files of this
house, bill 160 of the last session, and the petition pertaining
thereto, for the relief of Enoch Atkins; and that the same be re¬
ferred to the committee of. claims.
On motion of Mr. Keen,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill for the enactment of a stay law.
On motion of Mr. Jones of Gloucester,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending the act passed April 6, 1858,
regulating foreign insurance companies within this commonwealth,
so as to require some security for the payment of their policies.
6
JOURNAL OF THE
On motion of Mr. Keen,
Resolved, tliat the committee on banks enquire into the expediency
of legalizing the suspension of the banks of the commonwealth.
On motion of Mr. Jones of Appomattox,
Resolved, that leave be granted to withdraw from the files of the
house, the petition of Thomas B. Paulett; and that the same be
referred to the committee on finance.
On motion of Mr. Alderson,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of authorizing the Little Kanawha naviga¬
tion company to extend their improvement to the falls of the Little
Kanawha in the county of Braxton.
On motion of Mr. Miller of Shenandoah,
Resolved, that the committee 011 finance enquire into the expe¬
diency of reporting a bill for the relief of John J. Grandstaff, late
sheriff of the county of Shenandoah.
On motion of Mr. Saunders,
Resolved, that the petition of the council of the city of Richmond,
for the extension of the corporate limits of said city, together with
the plan of extension and accompanying papers, be referred to the
committee of propositions and grievances.
Mr. Saunders presented a paper connected with the foregoing re¬
solution ; which was ordered to be referred to the committee of pro¬
positions and grievances.
Mr. Gilmer of Pittsylvania, presented the petition of the officers
of company A, 101st regiment Virginia militia, praying reimburse¬
ment for money expended by them in the purchase of accoutrements;
which was ordered to be referred to the committee on military
affairs.
On motion of Mr. Cassin,
Resolved, that leave be granted to withdraw house bill 22S
from the files of this house, and that the same be referred to the
committee on claims.
On motion of Mr. Knotts,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of incorporating a company
to construct a turnpike road from the Three forks of Sandy, Roane
county, to Arnoldsburg in Calhoun county.
Mr. Christian presented the petition of the trustees of Alleghany
college, for a loan from the Literary fund to repair the recent loss by
fire; which was ordered to be referred to the committee of schools
and colleges.
On motion of Mr. Leftwich,
Resolved, that house engrossed bill 120 be withdrawn from the
files, and referred to the committee of roads and internal navigation.
On motion of Mr. Lockridge,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of changing the eastern terminus of the
Slavin's cabin and Smnmersville turnpike road.
HOUSE OF DELEGATES.
7
On motion of Mr. Newton,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a hill to release John H. Taliaferro the title of
the commonwealth to 556^ acres of land in the county of Hanover,
improperly sold for taxes.
On motion of Mr. Locke,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to James W. Campbell, late sheriff of the county
of Jefferson, a portion of his commission forfeited by failure to pay
into the treasury state revenue according to law.
On motion of Mr. Ward,
Resolved, that the committee on banks enquire into the expediency
of repealing sections 28, 29, 30, 31 and 32 of chapter 58 of the Code
of Virginia, 1860.
On motion of Mr. Smith of Kanawha,
Resolved, that the committee for courts of justice enquire into the
expediency of amending so much of chapter 47 of the Code of Vir¬
ginia for 1860 as applies to the formation of new cofinties.
On motion of Mr. Miller of Lee,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to the securities of John H. Allen, late sheriff of
Lee county, an amount of money paid by them into the treasury.
On motion of Mr. Graham,
Resolved, that leave be given to withdraw from the files of the
house, bill 51 of last session, and have the same referred to the com¬
mittee of propositions and grievances.
On motion of Mr. Holdway,
Resolved, that bill 174 be withdrawn from the files of the house
and referred to the committee of roads and internal navigation.
On motion of Mr. Jones of Appomattox,
Resolved, that leave be granted to withdraw from the files of the
house, the petition of Nathan H. Hancock and others, and that the
same be referred to the committee on finance.
On motion of Mr. Alderson,
Resolved, that house bill 358 be withdrawn from the files, and
referred to the committee of roads and internal navigation.
On motion of Mr. Mong,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Berkeley border guards
volunteer company.
On motion of Mr. Gibson of Jefferson,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reimbursing Edward McKabe for losses
sustained in consequence of being shot in repelling the John Brown
invaders.
On motion of Mr. Boreman,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of authorizing the election of an additional
constable in the courthouse district of the county of Wood.
Mr. Kaufman presented the petition of citizens of the Valley of
8
journal of the
Virginia, asking the junction of the Winchester and Potomac rail
road with the Manassas gap rail road ; which was ordered to be re¬
ferred to the committee of roads and internal navigation.
Mr. Crane presented the petition of the 107th regiment of Virgi¬
nia militia; which was ordered to be referred to the committee on
military affairs.
, Mr. Porter presented the memorial of the Holliday's cove turn¬
pike company, asking amendments of their charter; which was
ordered to be referred to the committee of roads and internal navi¬
gation.
Mr. Cassin presented the petition of Alfred J. Bear and others,
asking to be relieved from the payment of a suretyship ; which was
ordered to be referred to the committee on finance.
On motion of Mr. Baskervill,
Resolved, that the committee on finance enquire into the expe¬
diency of granting relief to the securities of W. H. Blanch, late
sheriff of Mecklenburg, by refunding a sum of money.
On motion of Mr. Cassin,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill refunding to Benjamin Cunningham certain
taxes improperly paid by him to the commonwealth.
On motion of Mr. Knotts,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of increasing the capital stock of the
Gilmer and Ritchie turnpike company.
On motion of Mr. Shannon,
Resolved, that the committee on finance be instructed to report a
bill to release James V. Thomas from the payment of a fine.
On motion of Mr. Saunders,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the charter of the city of Richmond.
On motion of Mr. Montague,
Resolved, that the committee of schools and colleges enquire into
the expediency of incorporating Montgomery female college in the
county of Montgomery.
On motion of Mr. Richardson,
Resolved, that the committee on finance enquire into the expe¬
diency of so amending the bill passed at the last session, entitled a
bill to provide for the assessment on persons and property, so as to
exempt from assessments incomes and other salaries.
On motion of Mr. Watson,
Resolved, that leave be given to withdraw* from the files of the
house of last session, bill 272, and that the same be referred to the
committee of propositions and grievances.
On motion of Mr. Alderson,
Resolved, that the committee on finance enquire into the expe¬
diency of releasing the securities of Winston Shelton, sheriff' of
Nicholas county, from the payment of damages.
On motion of Mr. Kemper, the chair was vacated until 5 o'clock
P. M.
HOUSE OF DELEGATES.
9
EVENING SESSION.
Mr. Christian moved a suspension of tlie rules, with a view to re¬
consider the vote of the house by which the resolution providing for
a committee to report a bill for the call of a convention was adopted;
arid the question being on agreeing thereto, was put and decided in
the negative.
On motion of Mr. Kemper, the vote was recorded as follows :
Ayes—Messrs. Alderson, Borcman, Brown, Burks, Cassin, Christian, Crane, Dickenson,
Ferguson, Ferrill, Fleming, Frost, C. H. Gilmer, Haekley, Holdway, Keen, Lockridge,
Matthews, D. Miller, Morris, Myers, Patterson, Porter, Reid, Richardson, Segar, Staples,
Thompson and Watts—31.
Noes—Messrs.'Crutchlield (speaker), Anderson, Baskervill, Bentley, Boisseau, Booker,
Carpenter, Childs, Claiborne, Collier, Crump, Evans, Friend, D. Gibson, J. T. Gibson, J.
Gilmer, Graham, Hanly, Haymond, Huntt, Hunter, Jett, Johnson, C. H. Jones, W. T.
Jones, Kaufman, Kemper, Kincheloe, Knotts, Leftwich, Lucas, Lynn, Magruder, Mallory,
T. Martin, McDowell, McGehee, McGruder, McKinney, McKenzie, Miles, J. R. Miller,
Mong, Montague, Nelson, Newton, Orgain, Phelps, Preston, I'retlow, Randolph, Riddick,
Robinson, Rives, Rutherfoord, Saunders, Scott, Shannon, Sibert, J. K. Smith, i. N. Smith,
Thomas, Tomlm, Tyler, Wallace, Ward, A. Watson, West, Wilson, Witten and Wool-
folk—71.
On motion of Mr. Keen,
Resolved, that the committee on military affairs enquire into the
expediency of providing by law for the availability of the appro¬
priation made at last session for the arming of the state, and of an
appropriation thereto not exceeding ten millions of dollars.
On motion of Mr. Gibson of Jefferson,
Resolved, that that part of the governor's message recommending
an amendment to section 11th of chapter 212 of the Code, be re¬
ferred to the committee for courts of justice.
On motion of Mr. Woolfolk,
Resolved, that leave be granted to withdraw from the files of the
house, senate hill 125 of the last session, and that the same be re¬
ferred to the committee of privileges and elections.
On motion of Mr. Cassin,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill refunding to Samuel A. McMechen and
John C. Harness certain taxes erroneously paid by them to the com¬
monwealth.
Mr. Yerby presented the memorial of Thos. C. Bunting and others,
asking to be released from a forfeited recognizance; which was or¬
dered to be referred to the committee on finance.
Mr. Robertson, from the committee to whom was referred so much
of the governor's message as relates to the coercion of a state by the
general government, presented the following resolutions :
Resolved by the general assembly of Virginia, that the Union be¬
ing formed by the assent of the sovereign states respectively, and be¬
ing consistent only with freedom and the republican institutions gua¬
ranteed to each, cannot and ought not to be maintained by force.
That the government of the Union has no power to declare or
make war against any of the states which have been its constituent
members.
2
10
JOURNAL OF THE
Resolved, that when any one or more of the states has determined
or shall determine, under existing circumstances, to withdraw from
the Union, we are unalterably opposed to any attempt on the part of
the federal government to coerce the same into reunion or submission,
and that we will resist the same by all the means in our power.
Mr. Watts moved that the resolutions be laid on the table and
printed; and the question being on agreeing thereto, Mr. Cowan de¬
manded the previous question; which was sustained by the house ;
and being put, was decided in the negative.
The question being on agreeing to the resolutions, Mr. McDowell
demanded the previous question ; which was sustained by the house ;
and being put, was decided in the affirmative.
On motion of Mr. Seddon, the vote was recorded as follows:
Ayes—Messrs. CrutcMeld (speaker), Alderson, Anderson, Ball, Baskervill, Bassel, Bell,
Bentley, Bisbie, Boisseau, Booker, Brown, Burks, Carpenter, Carter, Cassin, Chapman,
Childs, Christian, Claiborne, Collier, Cowan, Crane, Crump, Dickenson, Duckwall, Evans,
Ferguson, Fleming, Friend, Frost, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Gra¬
ham, Grattan, Hanty, Harrison, Hayrnond, Hackley, Hoffman, Holdway, Hopkins, Huntt,
Hunter, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Ivineheloe,
Knotts, Leftwich, Locke, Lockridge, Lucas, Lynn, Magruder, Mallory, T. Martin, W. Mar¬
tin, Matthews, McDowell, McGehee, McGruder, McKinney, Miles, D. Miller, J. R. Miller,
Mong, Montague, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Preston, Pretlow,
Randolph, Reid, Riddick, Robertson, Robinson, Rives, Rutherfoord, Saunders, Scott, Sed¬
don, Segar, Shannon, Sibert, J. K. Smith, I. N. Smith, Staples, Thomas, Tomlin, Tyler,
Wallace, Ward, A. Watson, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby—112.
Noes—Messrs. Boreman, Morris, Porter, Richardson and Watts—5.
On motion of Mr. Frost, the house adjourned until to-morrow,
12 o'clock.
TUESDAY, January S, 1S61.
Prayer by Rev. Mr. Duncan of the Methodist church.
The Speaker announced the following committee under the reso¬
lution of the house adopted on yesterday, in reference to the call of
a state convention: Messrs. Kemper, Hayrnond, Barbour, Chapman,
Rutherfoord, Christian, Gibson of Hampshire, Jones of Gloucester,
Carpenter, Davis, Hoffman, Kyle, Baskervill, Frost and Wilson.
Mr. Kemper moved that the committee have leave to sit during
the session of the house; and the question being on agreeing thereto,
Mr. Jones of Gloucester demanded the previous question; which
was sustained by the house; and being put, was decided in the
affirmative.
On motion of Mr. Seddon, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Barbour, Baskervill,
Bass, Bassef, Bell, Bentley, Boisseau, Booker, Brown, Carpenter, Carter, Chapman, Childs,
•Claiborne, Coleman, Collier, Cowan, Crane, Crump, Davis, Duckwall, Evans, Ferguson,
Ferrill, Friend, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodvcoontz, Graham,
Grattan, Hanly, Hayrnond, Hackley, Ploffman, Hopkins, Huntt, Hunter, Jett, Johnson, C.
H. Jones, W. T. Jones, Kaufman, Kemper, Kinchcloe, Knotts, Kyle, Leftwich, Locke, Lu¬
cas, Lundy, Lynn, Magruder, Mallory, T. Martin, W. Martin, McDowell, McGehee,
McGruder, McKinney, Miles, D. Miller, J. R. Miller, Mong, Montague, Morgan, Nelson,
Newton, Orgain, Preston, Pritckard, Randolph, Riddick, Robinson, Rives, Rutherfoord,
HOUSE OF DELEGATES.
11
Saunders, Scott, Seddon, Segar, Shannon, Sibert, J. K. Smith, Thomas, Tomlin, Tyler,
Wallace, Ward, A. Watson, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby—101.
Noes—Messrs. Alderson, Ball, Boreman, Burks, Cassin, Christian, Dickenson, Fleming,
Frost, D. Gibson, Holdway, Keen, Lockridge, Massie, Matthews, MeKenzie, Morris, Myers,
Patterson, Phelps, Porter, Pretlow, Eeid, Richardson, Robertson, I. N. Smith, Staples,
Thompson and Watts—29.
On motion of Mr. Rives, Mr. Barbour (at bis own request) wras
excused from further service on the committee on finance.
On motion of Mr. Haymond,
Resolved, that the committee on military affairs be instructed to
enquire into the propriety of building an arsenal for the deposit of
arms at some suitable point in the northwestern portion of this state,
and have leave to report by bill or otherwise.
On motion of Mr. Jones of Gloucester,
Resolved, that the committee on finance be instructed to enquire
into the expediency of providing by law for raising an adequate
amount of money for military purposes and for purposes of state
defence.
On motion of Mr. Richardson,
Resolved, that leave be granted to withdraw from the files of the
last session of the house of delegates, senate bill 204, and that the
same be referred to the committee on finance. •
On motion of Mr. Booker,
Resolved, that the committee on military affairs enquire into the
expediency of dividing the state into twulve divisions, and that the
brigades comprising the old divisions be so rearranged as to conform
to the new divisions.
On motion of Mr. Matthewvs,
Resolved, that the committee on finance be instructed to enquire
into the propriety of refunding to James Scott of Greenbrier county
a sum of money improperly assessed on account of delinquent land
tax.
On motion of Mr. Robertson,
Resolved, that the committee on banks enquire into the expediency
of incorporating the Home savings bank of the city of Richmond.
On motion of Mr. Magruder,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending the 4th section of the act in¬
corporating the Jefferson insurance company.
On motion of Mr. Morris,
Resolved, that leave be given to withdraw from the files of the
house, bill 386, and that the same be referred to the committee of
propositions and grievances.
On motion of Mr. Huntt,
Resolved, that leave be granted to withdraw from the files of the
house, senate bill 100 of the last session, for the relief of Hiram
Brower, and that the same be referred to the committee on military
affairs.
Mr. Ciiilds presented the proceedings of a public meeting in the
county of Fauquier; which were ordered to be laid on the table.
12
JOURNAL OF THE
On motion of Mr. Christian,
Resolved, that the committee of claims enquire into the expediency
of authorizing the auditor of public accounts to pay the amount of
a claim of J. A. Waddell for advertising militia orders.
On motion of Mr. Duckwall,
Resolved, that leave be given to withdraw from the files of the
house, the petition of Henry Willard in reference to an erroneous as¬
sessment of the property of Benjamin and Isaac Deford in the county
of Morgan; also bill 132 on the same subject; and that the same be
referred to the committee on finance.
On motion of Mr. Keen,
Resolved, that the committee on military affairs enquire into the
expediency of establishing an arsenal in the town of Danville.
The Speaker laid before the house a communication from the no-
vernor, enclosing the credentials of the Hon. A. F. Hopkins and F.
M. Gilmer, jr. Escp, commissioners from the state of Alabama; which
on motion of Mr. Gibson of Jefferson, were laid upon the table and
ordered to be printed. Doc. No. 8.
Mr. Seddon submitted the following joint resolution; and the
question being on agreeing thereto, was put and decided in the affir¬
mative.
Resolved by the general assembly, that a committee of five on the
part of the house and three on the part of the senate, be appointed
to receive and confer with the commissioners from the sovereign state
of Alabama, and ascertain at what time it will suit their convenience
to address the general assembly.
The Speaker announced the following committee on the part of
the house: Messrs. Seddon, Anderson, Hopkins, Bassel and Lundy.
Ordered, that Mr. Seddon carry the same to the senate, and re¬
quest their concurrence.
The Speaker laid before the house a communication from the
president of the board of commissioners to audit and pay expenses
of the invasion of the state; which, on motion of Mr. Cowan, was
laid on the table and ordered to be printed. Doc. No. 9.
On motion of Martin of Henry,
Resolved, that the committee of roads and internal navigation en¬
quire into the propriety of amending an act passed at the last session
of the legislature, limiting the common stem of the extension of the
Richmond and Danville rail road, and the North Carolina Coalfield rail
road, to ten miles, and report by bill or otherwise.
Mr. Crane presented the petition of Matthew Worm ley, praying
to be refunded a sum of money improperly paid in the year 1S57—8 ;
which was ordered to be referred to the committee on finance.
On motion of Mr. Baskervill,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of granting to B. W. Love and Isaac Bur¬
nett, free persons of color, the privilege of enslaving themselves,
without compensation to the state.
Mr. Ward presented the petition of Wm. Dunlap and others, for
HOUSE OF DELEGATES.
13
the incorporation of the Capon springs company; which was ordered
to be referred to the committee of propositions and grievances.
Mr. Bisbie submitted the following preamble and resolutions,
which, on his motion, were laid on the table :
Whereas, the immense coast line of Virginia is necessarily unpro¬
tected against the incursion of an armed enemy or marauders, by
which every portion of our territories bordering on the ocean, rivers
and harbors of the commonwealth, are liable to danger and devasta¬
tion : And whereas both the political and financial condition of the
state requires that the promptest, most efficient and most economical
system of coast defence should be adopted: And whereas the other
manifest duties of the committee on military affairs preclude that
full examination of this subject which its vast importance demands :
Therefore,
Resolved, that a special committee of seven be appointed by the
Speaker for the purpose of examining into and reporting upon :
1st—The points more especially requiring fortifications; and the
promptest and most economical mode of construction.
2nd—Whether the merchant marine of the state does not contain
elements of a defence, which, at a small expense, could be made a
most efficient and valuable defence to the coast, rivers and harbors of
the commonwealth; and report the same to this house for action.
On motion of Mr. Keen,
Resolved, that the committee on military affairs enquire iilto the
expediency of establishing an arsenal in the town of Danville.
On motion of Mr. West,
Resolved, that the committee on military affairs be instructed to
enquire into the propriety of providing by law for the equitable dis¬
tribution of public arms in the various sections of this common¬
wealth.
On motion of Mr. Montague,
Resolved, that leave be given to withdraw from the files of this
house, bill 61 of the last session, and that the same be referred to the
committee of claims.
On motion of Mr. McGruder,
Resolved, that the committee on finance enquire into the expediency
of refunding to John Lester a certain sum of money paid by him on
account of an erroneous assessment of his property in the county of
Henrico, and of correcting the assessment thereof.
On motion of Mr. Gibson of Jefferson,
Resolved, that the committee of claims enquire into the expediency
of reporting a bill for the payment of a certain account of P. A. Ent-
ler, for services rendered the state.
Mr. Anderson presented a preamble and resolutions, adopted by
the people of Botetourt in a public meeting held on the 10th of De¬
cember 1S60 ; which were read.
Mr. Seddon moved that the preamble and resolutions be entered
upon the journal. Pending the consideration of which, a motion to
adjourn having been made and withdrawn,
Mr. Magruder submitted the following resolutions; and the ques-
14
JOURNAL OF THE
tion being on agreeing thereto, was put, and the resolutions unani¬
mously adopted.
1. Resolved, that the house of delegates of Virginia have received,
with deep sensibility and regret, intelligence of the death of their late
fellow member, William Garth of Albemarle.
2. Resolved, that the officers and members of this house will wear
the usual badge of mourning for 30 days as a testimony of the pro¬
found respect entertained for the deceased.
3. Resolved, that the clerk of this house be requested to forward
a copy of these resolutions to the family of the late William Garth,
Esq.
Mr. Crump submitted the following resolutions; and the question
being on agreeing thereto, was put, and the resolutions were unani¬
mously adopted:
1. Resolved, that this house have learned with regret that since
the last session death has removed from our midst our late fellow
member, D. P. Taylor of Nottoway.
2. Resolved, that we tender to his family our profound sympathy
in their affliction, and as a mark of respect for his memory, will wear
the usual badge of mourning for 30 days.
3. Resolved, that as a further mark of respect, this house will now
adjourn.
Ordered, that the house be adjourned until to-morrow, 12 o'clock.
WEDNESDAY, January 9, 1861.
Prayer by Rev. Mr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, January S, 1861.
The senate has agreed to a resolution for the appointment of a
joint committee to consider what measures should be adopted by the
general assembly of Virginia in the present condition of affairs.
In which they resjiectfully request the concurrence of the house
of delegates.
The joint resolution communicated from the senate, was taken up
and agreed to.
Mr. Magrtjder, from the committee of propositions and grievan¬
ces, presented the following bill:
No. 1. A bill to amend the 4th section of an act incorporating
the Jefferson insurance company.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, jJresented the following bills :
No. 2. A bill for the construction of a branch of the Central rail
road to Lexington.
No. 3. A bill to change the eastern terminus of the Slavin's cabin
and Summerville turnpike.
HOUSE OF DELEGATES. 15
No. 4. A bill making an appropriation for improving the Wilder¬
ness road in Greenbrier and Nicholas counties.
No. 5. A bill to amend the charter of the Winchester and Poto¬
mac rail road company.
The Speaker appointed the following members to fill vacancies
upon the standing committees:
Committee for courts of justice, Mr. Staples; on military affairs,
Messrs. Crump and Burks; of claims, Mr. Sherrard; on finance, Mr.
Wood; on the armory, Messrs. Morgan and Preston ; on library, Mr.
Nelson; on lunatic asylums, Mr. Booker; of privileges and elections,
Messrs. Staples and Jett; to examine the first auditor's office, Mr.
Booker; to examine the clerk's office, Mr. Nelson; to examine the
second auditor's office, Mr. Jett.
Mr. Kemper, from the special committee upoii the call of a con¬
vention, presented the following bill:
No. 6. A bill to provide for electing members of a convention,
and to convene the same; which on his motion, was read the first
time.
Mr. Kemper moved that the bill be read a second time this day;
and the question being on agreeing thereto, Mr. Woolfolk demanded
the previous question ; which was sustained by the house ; and being
put, two-thirds concurring, was decided in the affirmative.
On motion of Mr. KexMPER, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Ball, Ballard, Barbour,
Baskervill, Bass, Bassel, Bell, Bentley, Bisbie, Boisseau, Booker, Caperton, Carpenter,
Carter, Chapman, Ckilds, Claiborne, Coleman, Cowan, Crane, Crump, Davis, Duckwall,
Edwards, Evans, Ferguson, Fleming, Friend, Garrett, D. Gibson, J. T. Gibson, J. Gilmer,
C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Haymond, Hackley, Hopkins, Hun¬
ter, James, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Kincheloe,
Ivnotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, Mallory, T.
Martin, W. Martin, Matthews, McDowell, McGehee, McGruder, McKinney, Miles, D. Mil¬
ler, J. R. Miller, Mong, Montague, Montgomery, Morgan, Nelson, Newton, Orgain, Pres¬
ton, Pretlow, Pritchard, Randolph, Richardson, Riddick, Robertson, Robinson, Rives,
Kutlierfoord, Saunders, Scott, Seddon, Shannon, Sibert, J. K. Smith, Staples, Thomas,
Tom 1 in, Tyler, Wallace, Ward, Welch, West, Wilson, Wittcn, Wood, Woolfolk and
Yerby—109.
Noes—Messrs. Alderson, Boreman, Brown, Burks, Cassin, Christian, Collier, Dicken¬
son, Edgington, Ferrill, Frost, Harrison, Holdway, Huntt, Jett, Massie, McKenzie, Morris,
Myers, Patterson, Phelps, Porter, Reid, Segar, Sherrard, I. N. Smith, Thompson, Walker,
A. Watson and Watts—30.
Mr. Jones of Appomattox moved to amend the fyill in the first
section, so as to provide for holding the election of members of the
convention on the "4th" instead of the "7th" of February 1861;
and the question being on agreeing thereto, Mr. Robertson de¬
manded the previous question; which was sustained by the house ;
and being put, was decided in the affirmative.
On motion of Mr. Jones of Appomattox, the roll was recorded as
follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Bailey, Barbour, Baskervill, Bass, Bas¬
sel, Bell, Bisbie, Boisseau, Caperton, Carpenter, Carter, Chapman, Childs, Claiborne, Cole¬
man, Davis, Duckwall, Edwards, Evans, Ferguson, Friend, Garrett, J. T. Gibson, J. Gilmer,
C. H. Gilmer, Graham, Grattan, Hanly, Huntt, Hunter, James, C. H. Jones, W. T. Jones,
Kaufman, Kemper, Kincheloe, Kyle, Leftwich, Lundy, Lynn, Mallory, T. Martin, McDowell,
McGehee, McGruder, Miles, J. R. Miller, Mong, Montague, Montgomery, Morgan, Nelson,
Newton, Orgain, Riddick, Robinson, Rives, Rutherfoord, Saunders, Seddon, Shannon,
Sibert, Thomas, Tomlin, Tyler, Ward, Wilson, Witten and Woolfolk—71.
16
JOURNAL OF THE
Noes—Messrs. Alderson, Arnold, Ball, Ballard, Bentley, Booker, Boreman, Burks, Cas-
sin, Christian, Collier, Cowan, Crane, Crump, Dickenson, Edgington, Ferrill, Fleming,
Frost, D. Gibson, Goodycoontz, Haymond, Hackley, Hoffman, Holdway, Hopkins, Jett,
Johnson, Keen, Knotts, Locke, Lockridge, Lucas, Magruder, W. Martin, Massie, Mat¬
thews, McKinney, McKenzie, D. Miller, Morris, Myers, Patterson, Phelps, Porter, Preston,
Pretlow, Pritchard, Randolph, Reid, Richardson, Robertson, Scott, Segar, Sherrard, J.
K. Smith, I. N. Smith, Staples, Thompson, "Walker, Wallace, A. Watson, Watts, "Welch,
West, Wood and Yerby—66.
Mr. Collier submitted the following amendment to the 1st sec¬
tion of the bill:
" Be it enacted by the general assembly, that it shall be the duty
of the officers who "were appointed to conduct elections for county
officers in May last, at the places established for holding elections for
members of the general assembly, to open polls to ascertain the
sense of the people of the commonwealth, whether there shall be a
convention to consider and propose such measures as may be expe¬
dient for this commonwealth to adopt in the present crisis of state
and national affairs, and to elect delegates to such convention. The
said election shall be held on the 4th day of February in the year
1861."
And. the question being on agreeing thereto, Mr. Seddon demanded
the previous question; which was sustained by the house; and being
put, was decided in the negative.
On motion of Mr. Seddon, the roll was recorded as follows :
Ayes—Messrs. Alderson, Arnold, Ball, Ballard, Bentley, Bishie, Boreman, Brown, Ca-
perton, Cassin, Christian, Collier, Cowan, Crane, Crump, Dickenson, Edgington, Ferguson,
Ferrill, Fleming, Frost, D. Gibson, Goodycoontz, Harrison, Haymond, Hackley, Hoffman,
Holdway, Hopkins, Jett, Johnson, Knotts, Kyle, Locke, Lockridge, Lucas, W. Martin,
Matthews, McKenzie, Miles, D. Miller, Montgomery, Moms, Myers, Patterson, Phelps,
Porter, Pritchard, Randolph, Reid, Richardson, Scott, Segar, Sherrard, J. K. Smith,
I. N. Smith, Staples, Thompson, Walker and West—GO.
Noes—Messrs. Crutchfield (speaker), Anderson, Bailey, Barbour, Baskeiwill, Bass, Bas-
sel, Bell, Boissoau, Booker, Burks, Carpenter, Carter, Chapman, Childs, Claiborne, Cole¬
man, Davis, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, C. H.
Gilmer, Graham, Grattan, Hanly, Huntt, Hunter, James, C. H. Jones, W. T. Jones, Kauf¬
man, Keen, Kemper, Kiueheloe, Leftwieh, Lundy, Lynn, Magruder, Mallory, T. Martin,
McDowell, McGehce, McGruder, McKinney, Medley, J. R. Miller, Mong, Montague, Mor¬
gan, Nelson, Newton, Orgain, Preston, Pretlow, Riddiek, Robinson, Rives, Rutherfoord,
Saunders, Seddon, Shannon, Sibert, H. Smith, Thomas, Tomlin, Tyler, Wallace, Ward, A.
Watson, Watts, Welch, Wilson, Witten, Wood, Woolfolk and Yerby—SO.
On motion of Mr. Keen, the house adjourned until to-morrow, 12
o'clock.
THURSDAY, January 10, 1861.
Prayer by Rev. Mr. Nolley of the Methodist church.
A message was received from the senate, by Mr. Brannon, who in¬
formed the house of delegates that the senate had agreed to the joint
resolution upon the subject of the coercion of a state, and a resolu¬
tion for a joint committee to confer with the commissioners of
Alabama.
The Speaker laid before the house a communication from the
governor, enclosing a telegraphic dispatch received from the presi-
HOUSE OF DELEGATES.
17
dent of the convention of the state of Mississippi, announcing the
secession of that state from, the Union; which was read, and on mo¬
tion of Mr. Duckwall, laid on the table and ordered to be printed.
The Speaker announced the following committee on the part of
the house, under the joint resolution in relation to the present crisis
of state and national affairs: Messrs. Barbour, Caperton, Segar,
Rives, Tomlin, Collier, Gilmer of Pittsylvania, Burks, Duckwall,
Miller of Shenandoah, Wallace, Bassel, Hopkins, Robertson and
Haymond.
Subsequently, Mr. Robertson presented a report.
Mr. Robertson submitted certain joint resolutions in relation to
the preservation of the peace of the country; which, on motion of
Mr. Christian, were referred to a committee, with leave to sit during
the session of the house.
The Speaker announced the following committee under the mo¬
tion: Messrs. Robertson, Yerby, Bass, Christian, Anderson, Magru-
der, Smith of Taylor, Witten and Newton.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 7. A bill to amend the charter of the city of Richmond.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill:
No. 8. A bill to incorporate the Montgomery female college.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 9. A bill amending and re-enacting the 8th section of an act
imposing taxes for the support of government, passed March 31, 1860.
No. 10. A bill fixing the mode of settlement with the sheriff of
the county of Jefferson.
No. 11. A bill refunding to Benjamin and Isaac Deford a certain
sum of money paid on an erroneous assessment.
No. 12. A bill to amend and re-enact the 25th section of an act
entitled an act imposing taxes for the support of government, passed
March 31, 1860.
On motion of Mr. Edgington,
Resolved, that leave be given to withdraw from the files of this
house, bill 407 of the last session, and that the same be referred to
the committee of schools and colleges.
Mr. Edgington presented a memorial of the trustees of West
Liberty academy in the county of Ohio; which was ordered to be
referred to the committee of schools and colleges.
Mr. Walker presented the petition of Capt. Kenney of the Rock¬
ingham rifles; which was ordered to be referred to the committee on
military affairs.
Mr. Haymond presented the petition of John H. Showalter, pray¬
ing for the refunding to him of a sum of money; which was ordered
to be referred to the committee on finance.
No. 6. A bill for electing members of a convention, and to con¬
vene the same, on its second reading, being the unfinished business of
yesterday, was taken up, on motion of Mr. Kemper.
3
18
JOURNAL OF THE
Mr. Thompson moved to amend the bill, by striking ont the first
section, and inserting in lien thereof the following:
"Be it enacted by the general assembly, that it shall be the duty
of the superintendents and officers who were appointed to superin¬
tend elections for county officers in May last, at the places established
for holding elections for members of the general assembly, to open
polls for deciding the question of convention or no convention; which
convention, if called by the voice of the people, shall consider and
propose such measures as may be expedient for this commonwealth
to adopt in the present crisis of state and national affairs. The said
election shall be held oii the 4th day of February in the year of onr
Lord 1861."
And the question being on agreeing thereto, Mr. Seddon demanded
the previous question; which was sustained by the house; and being
put, was decided in the negative.
Mr. Watts submitted the following amendment :
"And provided further, that if said convention, which shall assem¬
ble on the day mentioned in the above section, shall make or pass
any ordinance authorizing and directing the withdrawal of this state
from this confederacy, or any ordinance authorizing and directing her
connection with any other state or states of this Union, it shall, be¬
fore any such ordinance shall take effect, be first submitted to and
ratified by the citizens of this commonwealth."
Mr. Keen submitted the following amendment to the amendment:
"At the same time, the said commissioners shall open a poll to
take the sense of the qualified voters upon the question as to whether
any action of said convention changing the organic law of this state
or dissolving our connection with the Union, shall be submitted to
the voters of the commonwealth, for their ratification or rejection."
And the question being on agreeing to the amendment to the
amendment, Mr Seddon demanded the previous question; and the
question being, Shall the main question be ordered? was put, and
decided in the negative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Anderson, Arnold, Bailey, Ballard, Bass, Bassel, Bell, Boisseau, Burks,
Carpenter, Carter, Chapman, Childs, Claiborne, Edwards, Evans, Ferguson, Friend, Gar¬
rett, J. T. Gibson, Graham, Grattan, Hanly, Haymond, Hopkins, Hontt, Hunter, James,
Johnson, C. H. Jones, "W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Lundy, Lynn,
Mallory, J. G. Martin, T. Martin, McDowell, McGeliee, Medley, Miles, J. R. Miller, Moug,
Montague, Montgomery, Morgan, Nelson, Newton, Orgain, Robinson, Rives, Rutherfoord,
Seddon, Shannon, If. Smith, Thomas, Tomlin, Tyler, Wallace, Ward, West, Wilson and
Woolfolk—05.
Noes—Messrs. Alderson, Ball, Bentlcy, Bisbie, Booker, Borcman, Brown, Caperlon,
Cassin, Christian, Coleman, Collier, Cowan, Crane, Davis, Dickenson, Duckwall, Edg'ing-
ton, Ferrill, Fleming, Frost, D. Gibson, J. Gilmer, C. H. Gilmer, Goodyeooutz, Harrison,
Haekley, Hold way, Jett, Keen, Knotts, Leftwich, Locke, Lockridge, Mag-ruder, Massie,
Matthews, McGruder, McKinney, McKcnzie, D. Miller, Morris, Myers, Patterson, Phelps,
Porter, Preston, Pretknv, Randolph, Reid, Richardson, Kiddick, Robertson, Saunders,
Scott, Segar, Sherrard, Sibcrt, I. N. Smith, Staples, Thompson, Walker, A. Watson, Wafts,
Welch, Wingtield, Wood and Yerby—68.
Pending the consideration of the amendments, Mr. Robertson-
moved a suspension of the rules, with a view to pass by the pending
business, in order to take up the resolutions reported from the com¬
mittee in relation to the peace of 'the country; and the question
HOUSE OF DELEGATES.
19
being on agreeing thereto, Mr. Richardson demanded the previous
question; which was sustained by the house; and being put, was
decided in the affirmative.
The question being on agreeing to the resolutions reported from
the committee, Mr. Cowan demanded the previous question; which
was sustained by the house; and being put, was decided in the affir¬
mative.
The resolutions are as follows :
"Resolved, by the general assembly of Virginia, that in view of
the imminent danger of civil war, this assembly, in behalf of the
commonwealth of Virginia, ask respectfully, on the one hand, of the
president of the United States, and on the other, of the authorities
of each of the southern states, to the end, that if possible, peace may
yet be preserved; that they will reciprocally communicate assurances
in response to the general assembly of Virginia, now in session, that
the status quo of all movements tending to occasion collision, and
concerning the forts arid arsenals of the nation, shall, on either hand,
be strictly maintained for the present, except to repel any actual ag¬
gressive attempt.
2. That the governer of the commonwealth be requested to com¬
municate these resolutions, by telegraph, immediately to the presi¬
dent. of the United States, and each of the governors of the southern
states."
Ordered, that the clerk communicate the foregoing resolutions to
the senate, and request their concurrence.
On motion of Mr. Gilmer of Hampshire, the house adjourned
until to-morrow, 12 o'clock.
FRIDAY, January 11, 1861.
Prayer by Rev. Mr. Duncan of the Methodist church.
Mr. McGruder, from the committee of propositions and grievances,
presented the following bills :
No. 13. A bill to amend an act passed April 6, 185S, entitled an
act to amend and re-enact an act entitled an act for regulating fo¬
reign life insurance companies within this commonwealth, passed
March 6th, 1856.
No. 14. A bill to amend an act passed March 30, 1860, entitled
an act making regulations concerning licenses.
No. 15. A bill for the relief of Edward McCabe of Harpers Ferry.
No. 16. A bill releasing the commonwealth's claim to a certain
island in Chesapeake bay to Edward J. Poulson.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 17. A bill to incorporate the Arnoldsburg and Sandy turnpike,
company.
20
JOURNAL OF THE
No. 18. A bill to incorporate the Lynchburg and North Carolina
rail road company.
No. 19. A bill to extend the improvement of the Little Kanawha
river to the falls thereof, in the county of Braxton.
Mr. Kemper, from the committee on military affairs, presented a
report adverse to the petition of Capt. Kenney of the Rockingham
rifles.
Mr. Kaufman presented the petition of Capt. James Long and
others, asking that leave be given to Henry Guard to peddle some
articles without license, and that the same be referred to the com¬
mittee on finance.
Mr. Kaufman presented the petition of Col. C. E. Shryock and
others, asking that compensation be paid the drummer and fifer for
services rendered to the 51st regiment of Virginia militia, and asked
that the same be referred to the committee on military affairs.
Mr. Orgain presented the petition of Paul A. Farley, for the re¬
funding of a peddler's license, and that the same be referred to the
committee on finance.
Mr. Christian presented the petition of Walker Fitch, a free ne¬
gro, for an act to allow him to become a slave, and asked that the
same be referred to the committee of propositions and grievances.
Mr. Christian presented the petition of B. M. Smith of Prince
Edward, for relief from the payment of a fine inadvertently incurred,
and asked that the same be referred to the committee on finance.
The house resumed the consideration of
No. 6. A bill to provide for electing members of a convention,
and to convene the same, with the pending amendments thereto;
and the question being on agreeing to the amendment submitted by
Mr. Keen to the amendment submitted by Mr. Watts to the first
section of the bill, Mr. Kemper demanded the previous question;
and the question being, Shall the main question be now ordered ? was
put, and decided in the negative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Pailey, Baskervill, Basse], Boisseau,
Carpenter, Carter, Chapman, Cliilds, Claiborne, Edwards, Garrett, J. T. Gibson, Graham,
Ilaymond, Huntt, James, Johnson, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kin-
clieloe, Lundy, Lynn, Mallory, T. Martin, McGehee, J. li. Miller, Mong, Morgan, Newton,
Orgain, Robinson, Rives, Rutherfoord, Seddon, Shannon, H. Smith, Thomas, Tyler, Ward,
West, Wilson, Witten and Woolfolk—47.
Noes—Messrs. Alderson, Arnold, Ball, Ballard, Barbour, Bass, Bell, Bentley, Bishie,
Booker, Boreman, Brown, Burks, Caperton, Cassin, Christian, Coleman, Collier, Cowan,
Crane, Crump, Davis, Dickenson, Duckwall, Edgington, Evans, Ferguson, Ferrill, Flem¬
ing, Friend, Frost, D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Grattan, Hanly, Har¬
rison, Hackley, Hoffman, Holdway, Hopkins, Hunter, Jett, Keen, Knotts, Kyle, Lel'twich,
Locke, Lockridge, Lucas, Magruder, J G. Martin, W. Martin, Massie, Matthews, McGru-
der, McKinney, McKenzie, Medley, Miles, D. Miller, Montague, Morris, Myers, Nelson, Pat¬
terson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick,
Robertson, Saunders, Scott, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Thomp¬
son, Walker, A. Watson, Watts, Welch, Wingfield, Wood and Yerby—94.
Mr. Keen, by leave of the house, withdrew the amendment to the
amendment. Mr. Watts, by like leave, withdrew the amendment.
Mr. Keen submitted the following amendment to the first section
of the bill:
HOUSE OF DELEGATES.
21
" At the same time, the said superintendents and officers shall open
a separate poll to take the sense of the qualified voters as to whether
any action of said convention dissolving our connection with the fede¬
ral Union, or changing the organic law of the state, shall be submit¬
ted to the people for ratification or rejection; and in order to ascer¬
tain the sense of the voters upon the question aforesaid, the said offi¬
cers shall cause to be kept a poll, to be headed "Upon the question
of referring such action to the people for their decisionwhich said
poll book shall have two columns—one headed "For referring to the
people," and the other "Against referring to the people;" and the
names of those who vote for the former shall be written under the
former heading, and those who vote for the latter, under the latter
heading. When the said officers meet as aforesaid, they shall ascer¬
tain and make return of the number of persons voting for each pro¬
position. They shall forthwith send to the clerk of their respective
counties or corporations a copy thereof, whose duty it shall be to
transmit immediately a copy thereof to the president of the conven¬
tion at Richmond, and also to the governor of the commonwealth."
Mr. Duckwall submitted the following amendment to the amend¬
ment :
"Provided, however, that the vote so taken in each county or elec¬
tion district respectively, shall be considered only as declaratory of
the popular voice of the electors of such county or election district,
and as a popular instruction by the electors of such county or elec¬
tion district to their own delegate or delegates to the convention."
And the question being on agreeing thereto, Mr. Evans demanded
the previous question ; which was sustained by the house ; and being
put, was decided in the negative.
The question being on agreeing to the amendment submitted by
Mr. Keen, Mr. Keen demanded the previous question; which was
sustained by the house; and being put, was decided in the affirmative.
On motion of Mr. Boreman, the vote was recorded as follows:
ayes'—Messrs. Alderson, Arnold, Ball, Bentley, Bisbie, Booker, Boreman, Brown, Cassin,
Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Edgington, Fergu¬
son, Ferrill," Fleming, D- Gibson, C. H. Gilmer, Goodycoontz, Hanly, Harrison, Haymond,
Hackloy, Hoffman, Holdway, Hopkins, Huntt, Jett, Johnson, Keen, Knotts, Kyle, Left-
wich, Locke, Lockridge, Magruder, J. G. Martin, T. Martin, W. Martin, Massie, Matthews,
McGruder, McKiuney. McKenzie, D. Miller, Morris, Myers, Patterson, Phelps, Porter,
Preston, Pretlow, Randolph, Reid, Richardson, Riddick, Robertson, Rives, Saunders, Scott,
Segar, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Walker, A. Watson, Watts,
Welch, Wood and Yerby—77.
Noes—Messrs. Crutclifield (speaker), Allen, Anderson, Bailey, Ballard, Barbour, Basker-
vill, Bass, Bassel, Bell, Boisseau, Burks, Caperton, Carpenter, Carter, Chapman, Childs,
Claiborne, Duckwall, Edwards. Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, Graham,
Grattan, Hunter, James, C. II. Joues, W. T. Jones, Kaufman, Kemper, Kincheloe, Lundy,
Lynn, Mallory, McDowell, McGehee, Medley, Miles, J. R. Miller, Mong, Montague, Mont¬
gomery, Morgan, Nelson, Newton, Orgain, Robinson, Rutherfoord, Seddon, Shannon, H.
Smith, Thomas, Tomlin, Tyler, Ward, Wilson, Wingfield, Witten and Woolfolk—62.
Mr. ITaymond moved a suspension of the rules, with a view to re¬
consider the vote by which the amendment was adopted; and the
question being on agreeing thereto, Mr. Carter demanded the pre¬
vious question; which was sustained by the house; and being put,
was decided in the negative.
22
JOURNAL OF THE
On motion of Mr. Ball, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Ballard, Baskervill, Bass,
Bassel, Bell, Boisseau, Burks, Caperton, Carpenter, Carter, Chapman, Childs, Claiborne,
Coleman, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, Graham,
Grattan, Raymond, Huntt, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper,
Kineheloe, Kyle, Lucas, Lundy, Lynn, Mallory, McDowell, McGehee, Medley, Miles, J. R.
Miller, Mong, Montague, Morgan, Nelson, Newton, Org-ain, Pritchard, Iiohinson, Rives,
Rutherfoord, Seddon, Shannon, H. Smith, Thomas, Tomlin, Tyler, Ward, E. Watson, Wil¬
son, Wingfield, Witten and Woolfolk—68.
Noes—Messrs. Alders on, Ball, Bentley, Bisbie, Booker, Boreman, Cassin, Christian, Col¬
lier, Cowan, Crump, Davis, Dickenson, Edgington, Ferguson, Fcrrill, Fleming, Frost, D.
Gibson, C. H. Gilmer, Gooclycoontz, Hanly, Harrison, Hackley, Hoffman, Holdway, Flop-
kins, Jett, Johnson, Keen, Knott,s, Leftwich, Lockridge, Magruder, J. G. Martin, T. Martin,
W. Martin, Matthews, McGruder, McKinney, McKenzie, D. Miller, Morris, Myers, Phelps,
Porter, Preston, Pretlow, Randolph, Reid, Richardson, Riddick, Robertson, Saunders,
Scott, Segar, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Thompson, Walker, A.
Watson, Watts, West, Wood and Yerby—68.
On motion of Mr. Jones of Gloucester, the house adjourned until
to-morrow, 12 o'clock.
SATURDAY, January 12, 1S61.
Prayer by Rev. Mr. Duncan of the Methodist church.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill:
No. 20. A bill authorizing a loan from the Literary fund to the
Alleghany college.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills :
Noi 21. A bill to incorporate the town of Cameron in the county
of Marshall.
No. 22. A bill to incorporate the Berkeley border guard volunteer
company.
Mr. Massie, from the committee of claims, presented the following
bills :
No. 23. A bill for the relief of Nathaniel B. Harvey.
No. 24. A bill for the relief of Enoch Atkins of Giles county.
Mr. Massie, from the same committee, presented an adverse report
to the resolution in relation to the payment of a sum of money to
J. P. A. Entler, .for services rendered to the state.
Mr. Kemper, from the committee on military affairs, presented the
following resolution; and the question being on agreeing thereto,
was put, and decided in the affirmative:
Resolved, that the committee on finance be instructed forthwith
to enquire into the best means of raising the sum of one million of
dollars for immediate purposes of defence, and report by bill.
Mr. JIaymond, from the committee on finance, presented the fol¬
lowing bills:
No. 25. A bill refunding a license tax to Paul A. Farley of the
county of Lunenburg.
HOUSE OF DELEGATES.
23
No. 26. A bill authorizing the payment to "William L. Jackson, of
certain coupons.
No. 27. A bill for the relief of James Scott of Greenbrier county.
No. 28. A bill refunding to Matthew Wamsley of the county of
Randolph a certain amount of money erroneously paid by him.
No. 29. A bill for the relief of Rev. J. Packard.
Mr. Barbour presented the petition of citizens of Culpeper county,
praying that one-fifth of the state revenue be appropriated for the
purpose of arming the people, and placing the state on a war foot¬
ing ; which was ordered to be referred to the committee on military
affairs.
On motion of Mr. Robertson,
Resolved, that the debate on all questions that may arise on the
convention bill now pending in this house, be restricted to three
minutes by an}>- one speaker, when they shall be put to the vote.
On motion of Mr. Saunders,
Resolved, that leave be given to withdraw from the files of the
house of the last session, senate bill 63, and that the same be referred
to the committee on finance.
Mr. Saunders presented the petition of George I. Herring and
others, praying for a release as sureties of P. P. Winston; which was
ordered to be referred to the committee on finance.
On motion of Mr. Thomas,
Resolved, that leave be given to withdraw from the files of last
session, house bill 169, and papers relating thereto, and that the same
be referred to the committee on finance.
On motion of Mr. Bentley,
Resolved, that the committee on military affairs enquire into the
expediency of providing by law for the availability of the appropria¬
tion made at the last session for the more effectual arming of border
counties.
Mr. Smith presented the petition of citizens of Kanawha, upon the
subject of free negroes ,* which was ordered to be referred to the com¬
mittee for courts of justice.
On motion of Mr. Robinson,
Resolved, that leave be given to withdraw from the files of this
house, bill 380, and that the same be referred to the committee of
roads arid internal navigation.
Mr. Myers presented the petition of William B. Wooldridge and
Thomas C. Howard, executors of A. S. Wooldridge; which was or¬
dered to be referred to the committee on finance.
On motion of Mr. Claiborne,
Resolved, that the committee of claims enquire into the expediency
of reporting a bill refunding to George W. Tucker of Halifax, the
sum of $60 37, improperly paid by him to the commonwealth.
On motion of Mr. Claiborne,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of reporting a bill incorporating the Mead-
ville manufacturing company.
24
JOURNAL OF THE
On motion of Mr. Leftwich,
Resolved, that house bill 266, for amending the first section of the
58th chapter of the Code, be withdrawn from the files, and referred
to the committee on banks.
On motion of Mr. Lynn,
Resolved, that the committee of propositions and grievances enquire
into the expediency of reporting a bill for the relief of Hugh H.
Hite of Prince William county, for a sum of money paid by him for
taxes erroneously assessed on him for the year 1859.
Mr. Ball presented the petition of the officers and privates of the
North Fork rifle company in Loudoun county, asking compensation
for services rendered during the John Brown raid ; which was ordered
to be referred to the committee on military affairs.
On motion of Mr. Gkattan,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to J. W. Gr. Smith a sum of money erroneously
assessed against him and paid.
On motion of Mr. Wallace,
Resolved, that the committee on banks enquire into the expediency
of amending the charter of the Monongalia Bank of Morgantown.
On motion of Mr. Bass,
Resolved, that the financial statement and suggestions relative to
defects in the revenue laws, by the auditor of public accounts, be
referred to the committee on finance.
No. 6. A bill to provide for electing members of a convention, and
to convene the same, being the unfinished business of yesterday, was
taken up.
Mr. Rives submitted an amendment to the third section of the bill,
restricting members of the present general assembly from service in
the convention^ and the question being on agreeing thereto, was put,
and decided in the affirmative.
On motion of Mr. Rives, the vote was recorded as follows:
Ayes—Messrs. Alderson, Allen, Arnold, Bailey, Ball, Ballard, Baskervill, Bass, Bassel,
Bell, Bentlej'-, Bisbie, Boissean, Booker, Boreman, Brown, Carter, Cassin, Childs, Christian,
Claiborne, Collier, Cowan, Crane, Crump, Davis, Dickenson, Edging-ton, Ferguson, Ferrill,
Fleming, Frost, Garrett, D. Gibson, C. H. Gilmer, Goodycoontz, Graham, Hanly, Harrison,
Haymond, Hackley, Hold way, Hopkins, Huntt, James, Johnson, Kaufman, Keen, Kec,
Kincheloe, Kyle, Lockridge, Lucas, Mallory, J. G. Martin, T. Martin, W. Martin, Massie,
Matthews,.McGehee, McKinuey, McKenzie, Medley, Miles, D. Miller, J. R. Miller, Monta¬
gue, Montgomery, Myers, Nelson, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard,
Randolph, Richardson, Riddiek, Robertson, Rives, Saunders, Scott, Sherrard, J. K. Smith,
I. N. Smith, IT. Smith, Staples, Walker, Watts, West, Witten, Wood, Woolfolk and
Ycrby—95.
Noes—Messrs. Crntehfield (speaker), Anderson, Burks, Carpenter, Chapman, Coleman,
Duekwall, Edwards, Evans, Friend, J. T. Gibson, J. Gilmer, Grattan, Hunter, C. PI. Jones,
W. T. Jones, Kemper, Knotts, Leftwich, Locke, Lundy, Lynn, Magruder, McDowell,
McGruder, Mong, Morgan, Morris, Newton, Orgain, Reid, Robinson, Rutherfoord, Segar,
Sibert, Thomas, Thompson, Tomlin, Tyler, Wallace, Ward, A. Watson, E. Watson, Willcox.
and Wing-field—45.
The bill was then, on motions severally made by Mr. Kemper,
amended in various particulars.
Mr. Haymond submitted the following amendment:
" Strike out the first section and insert the following :
" Be it enacted by the general assembly, that it shall be the duty
HOUSE OF DELEGATES.
25
of the superintendents and officers who were appointed to conduct
elections for county officers in May last, at the places established for
holding elections for members of the general assembly, to open polls
for electing delegates to a convention to consider and propose such
measures as they may deem expedient for the people of this common¬
wealth to adopt in the present crisis of state and national affairs.
The said election shall be held on the 4th day of February, in the
year of our Lord 1861."
And the question being on agreeing thereto, was put and decided
in the negative.
On motion of Mr. Kemper, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Ballard, Barbour, Bas-
kervill, Bass, Bassel, Bell, Boisseau, Burks, Caperton, Carpenter, Carter, Chapman, Childs,
Claiborne, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, Gra¬
ham, Grattan, Haymond, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kem¬
per, Kincheloe, Lundy, Lynn, Mallory, McDowell, McGehee, Medley, Mong, Monta¬
gue, Montgomery, Morgan, Nelson, Newton, Orgain, Robinson, Rutkerfoord, Shannon, H.
Smith, Thomas, Tomlin, Tyler, Wallace, Ward, E. Watson, W7ilson, Witten, Wood and
Woolf'olk—62.
Noes—Messrs. Alderson, Arnold, Ball, Bentlev, Bisbie, Booker, Boreman, Brown, Cas-
sin, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Edgington, Fer¬
guson, Ferrill, Fleming, Frost, D. Gibson, C. H. Gilmer, Goodycoontz, Hanly, Harrison,
Hackley, Hoffman, Holdway, Hopkins, Huntt, Jett, Johnson, Keen, Kee, Knotts, Kyle,
Leftwich, Locke, Lockridge, Lucas, Magruder, J. G. Martin, T. Martin, W. Martin, Massie,
Matthews, McGruder, McKinney, McKenzie, Miles, D. Miller, Moms, Myers, Patterson,
Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Ro¬
bertson, Rives, Saunders, Scott, Segar, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples,
Thompson, Walker, A. Watson, Watts, West and Yerbv—81.
The bill was then, on motion of Mr. CcrvyAN, read a second time,
and ordered to be engrossed and read a third time; and being forth¬
with engrossed, two-thirds concurring, wras, on motion of Mr. Martin
of Henry, read a third time. And the question being, Shall the bill
pass? Mr. McKenzie demanded the previous question; which was
sustained by the house ; and being put, was decided in the affirmative.
On motion of Mr. Seddon, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Barbour, Baskervill, Bass, Bassel, Bell, Bentlev, Bisbie, Boisseau, Booker, Brown,
Burks, Caperton, Carpenter, Carter, Cassin, Chapman, Childs, Christian, Claiborne, Cole¬
man, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Edgington, Edwards,
Evans, Ferguson, Ferrill, Fleming, Friend, Frost, Garrett, D. Gibson, J. T. Gibson, J. Gil¬
mer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley,
Hoffman, Hopkins, Huntt, Hunter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kauf¬
man, Keen, Kee, Kemper, Kincheloe, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas,
Lundy, Lynn, Magruder, Mallory, J. G. Martin, T. Martin, W. Martin, Massie, Matthews,
McDowell, McGehee, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, Mong,
Montague, Montgomery, Morgan, Morris, Myers, Nelson, Newton, Orgain, Patterson,
Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robert¬
son, Robinson, Rives, Rutherfoord, Saunders, Scott, Segar, Shannon, Sherrard, Sibert, J. K.
Smith, I. N. Smith, H. Smith, Staples, Thomas, Thompson, Tomlin, Tyler, Walker, Wal¬
lace, Ward, A. Watson, Watts, West, Wilson, Wingheld, Witten, Wood, Woolfolk and
Yerby—141.
Ordered, that Mr. Kemper carry the bill to the senate and request
their concurrence.
Mr. Cowan moved that the house do now adjourn; and the ques¬
tion being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. Carpenter, the vote was recorded as follows :
Ayes—Messrs. Boreman, Burks, Carter, Christian, Claiborne, Cowan, Crane, Edging¬
ton, Edwards, Evans, Ferguson, Fleming, Frost, Grattan, Harrison, Havmond, Hopkins,
4
26
JOURNAL OF THE
Kaufman, Kee, Kemper, Knotts, Massie, McGruder, MoKenzie, Medley, Moms, Newton,
Patterson, Porter, Preston, Pretlow, Reid, Richardson, Thomas, Ward, Watts and Whit¬
field—:17.
Noes—Messrs. Crutchfield (speaker), Anderson, Bailey, Barbour, Baskervill, Bass, Bas-
sel, Bentley, Bisbie, Booker, Caperton, Carpenter, Cassin, Chapman, Childs, Davis, Friend,
J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Hanly, Huntt, Hunter, Jett, Johnson,
C. H. Jones, W. T. Jones, Keen, Kincheloe, Kyle, Leftwich, Locke, Loekridge, Lucas,
Lundy, Lynn, Magruder, Mallory, T. Martin, W. Martin, Matthews, McDowell, McGehee,
McKinney, D. Miller, Mong, Montague, Morgan, Myers, Nelson, Orgain, Pritchard, Ro¬
bertson, Robinson, Rives, Rutherfoord, Saunders, Scott, Segar, Shannon, Sherrard, J. K.
Smith, I. N. Smith, Staples, Wallace, West, Wilson, Woolfolk and Ycrby—70.
On motion of Mr. Edwards,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill for the relief of the sureties of Samuel S.
Turner, late sheriff of Franklin county, from the liabilities incurred
for failing to pay into the treasury the revenue of said county in the
time prescribed by law.
On motion of Mr. Matthews,
Resolved, that the committee of schools and colleges.be instructed
to enquire into the expediency of repealing and re-enacting the first
section of the act passed April 7, 1858, entitled an act to incorporate
the Lewisburg female institute.
Mr. Matthews presented the petition of sundry citizens of Green¬
brier and Fayette counties, praying for a new county; which
was ordered to be referred to the committee of jiropositions and
grievances.
On motion of Mr. Woolfolk,
Resolved, that the committee of claims be instructed to enquire
into the expediency of reporting a bill to compensate A. P. Routt
and R. W. Brooking of Orange county, for arresting, taking care of
and conveying to prison a lunatic (one Jeremiah Connilly) who had
escaped from the asylum at Staunton.
On motion of Mr. Caperton,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill authorizing the clerks
of the supreme court and the district courts of appeals to take orders
of publication in vacation.
On motion of Mr. James K. Smith,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Western Virginia insu¬
rance company in the county of Taylor.
On motion of Mr. Johnson,
Resolved, that leave be given to withdraw from the files of the
house, bill 249 of last session, and that the same be reported to the
committee of roads and internal navigation.
On motion of Mr. Cassin,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill refunding to Isaac Shobe certain taxes er¬
roneously paid by him to the commonwealth.,
On motion of Mr. Knotts,
Resolved, that the committee on agriculture and manufactures be
instructed to enquire into the expediency of incorporating a company
HOUSE OF DELEGATES.
27
in the counties of Gilmer, Calhoun and Wirt, for the purpose of
manufacturing oil and for mining purposes.
On motion of Mr. Duckwall,
Resolved, that the committee of claims enquire in the expediency
of compensating that portion of the 89th regiment of Virginia mi¬
litia who were called into service of the state, during the John Brown
raid, by the colonel of the regiment.
On motion of Mr. Crump,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill legalizing the action of the county courts
of Amelia and Nottoway, in issuing bonds for the purchase of arms,
and to authorize said courts to provide by levies for the payment of
the same.
On motion of Mr. Gibson of Jefferson,
Resolved, that leave be granted to withdraw from the files of the
house, bill 340, and that the same be referred to the committee of
claims.
On motion of Mr. Richardson,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending and re-enacting an act en¬
titled an act incorporating the town of Bethany, passed April 6th,
1853, so as to extend the powers and duties of the town sergeant.
Mr. Richardson presented the petition of citizens of Bethany,
praying the extension of the powers of their sergeant; which was
ordered to be referred to the committee of propositions and grievances.
On motion of Mr. Locke, •
Resolved, that the committee of claims enquire into the expediency
of allowing certain delinquent militia fines in the settlement of the
accounts of John W. Moore, sheriff of Jefferson county, for the years
1852, 1853 and 1854.
On motion of Mr. Wilson,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill providing that during the suspension
of specie payments by the banks, there may be a stay of executions
to prevent a ruinous sacrifice of property.
On motion of Mr. McDowell,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the charter of the Fincastle
and Catawba creek and Blacksburg turnpike company.
On motion of Mr. Huntt,
Resolved, that leave be granted to withdraw from the files of the
house, bill 473 of the last session, for the relief of Thos. Javins, and
that the same be referred to the committee on finance.
On motion of Mr. Martin of Norfolk county,
Resolved, that leave be given to withdraw from the files of the
house, senate bill 320, and that the same be referred to the commit¬
tee of roads and internal navigation.
On motion of Mr. Montague,
Resolved, that the committee of propositions and grievances en-
28
JOURNAL Op THE
quire into the expediency of incorporating the town of Christians-
burg in Montgomery county.
Mr. Shannon presented the petition of James A. Harris and others;
which was ordered to be referred to the committee on finance.
On motion of Mr. Davis,
Resolved, that John W. Murrill he permitted to withdraw from the
files of this house, his petition, presented at the last session, praying
to be relieved from the payment of a judgment.
On motion of Mr. Haymond,
Resolved, that the deposit banks of this state be required to report
to this house, as early as practicable, the average amount of their
monthly discounts for the last twelve months; the average amount
of public money, the property of the state, deposited with each of
these banks monthly; the average monthly discount of notes and
other paper obligations payable at their own counter; the average
monthly discounts of bills of exchange, negotiable notes and other
paper obligations payable outside of the limits of Virginia; the amount
of such notes, bills of exchange and other paper obligations payable
outside of the limits of Virginia, that have been protested and re¬
turned for want of payment; and the average monthly circulation of
each of these banks, showing the difference between their discounts
and circulation.
On motion of Mr. Ward,
Resolved, that the committee of roads and internal navigation
enquire into the expediency of reporting a bill to amend the charter
of the Sir John's turnpike*company.
On motion of Mr. Ball,
Resolved, that the committee for courts of justice enquire into the
expediency of legalizing certain acts of the Potomac bridge company.
On motion of Mr. Keen,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill appropriating to John Staples a sum of
money for services rendered as attorney for the commonwealth.
Mr. Keen presented the petition of the citizens of the county of
Pittsylvania, asking that the county courts may be empowered to
make a levy to buy arms; which was ordered to be referred to the
committee on military affairs.
On motion of Mr. Bisbie,
Resolved, that as the brigade inspectors of this commonwealth
are the virtual instructors of our militia system, the committee on
military affairs be requested to enquire into the expediency of re¬
porting a bill so amending the militia laws as to raise the standard
of qualification, extend the duties and increase the pay of the office
of brigade inspector.
Mr. Tyler presented the petition of citizens of Caroline, to amend
the charter of the town of Port Royal in the county of Caroline;
which was ordered to be referred to the committee of propositions
and grievances.
On motion of Mr. Magruder,
Resolved, that the committee on banks enquire into the expediency
of amending the charter of the Bank of Howardsville.
HOUSE OF DELEGATES.
29
On motion of Mr. McGehee,
Resolved, that leave be given to withdraw from the files of the
house, senate bill 297 for the relief of James J. Spaulding, and that
the same be referred to the committee on finance.
On motion of Mr. Gilmer of Pittsylvania,
Resolved, that the committee of claims be instructed to enquire
into the expediency of reporting a bill refunding to the heirs of L.
Claiborne dec'd, of Pittsylvania county, a sum of money improperly
paid to the commonwealth.
On motion of Mr. Nelson,
Resolved, that the committee of schools and colleges enquire into
the expediency of paying to John T. Irving of Fluvanna a sum of
money for the tuition of indigent children.
On motion of Mr. Staples,
Resolved, that the committee of schools and colleges enquire info
the expediency of incorporating the Patrick springs female seminary
in the county of Patrick.
Mr. Staples presented the petition of Rufus Turner, late sheriff
of Patrick county, praying that a certain amount of money withheld
by the auditor, be refunded to him ; which was also ordered to be re¬
ferred to the committee on finance.
Mr. Staples presented the petition of Lewis Pedigo, praying to
have refunded to him taxes improperly charged ,* which was ordered
to be referred to the committee on finance.
On motion of Mr. McKinney,
7 4
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the charter of the Farmville
and Buckingham plank road company.
On motion of Mr. Smith of Kanawha,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of increasing the capital stock of the Elk
river turnpike company, so that the surplus stock subscribed may be
received by the company.
On motion of Mr. Boreman,
Resolved, that the committee on finance enquire into the expe¬
diency of providing for the payment of certain lost coupons for in¬
terest on the bonds of the state owned and held by the Exchange
Bank of Virginia and the City Bank of Racine.
On motion of Mr. Matthews,
Resolved, that leave be given to withdraw from the files, bill 207,
incorporating the Sweet chalybeate springs company, and that the
same be referred to the committee of propositions and grievances.
On motion of Mr. McKenzie,
Resolved, that leave be given to withdraw from the files of the
house of last session, bill 450, and that the same be referred to the
committee for courts of justice.
On motion of Mr. Orgain,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of increasing the capital stock of the
South side rail road company, to construct a branch of their road from
30
JOURNAL OF THE
Black's and White's, by Clarkesville and Christiansburg, down New
river to its confluence with the Kanawha.
On motion of Mr. Keen,
Resolved, that the committee for courts of justice enquire into the
expediency of passing a general law authorizing the county courts to
purchase arms, and to provide for such purchase either by levy, sale
of bonds or otherwise.
On motion of Mr. Edgington,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of incorporating a company to construct a
turnpike road from the monument on the National road in Ohio county,
by the valley of Big Wheeling creek, to the Pennsylvania line.
On motion of Mr. Baskervill,
Resolved, that leave be given to withdraw from the files of this
house, bill 18 of the last session, providing for the increase of the
capital stock of the Roanoke valley rail road company, and that the
same, when withdrawn, be referred to the committee of roads and
internal navigation.
On motion of Mr. Kaufman,
Resolved, that leave be given to withdraw engrossed bill 42 from
the files of the house, to be referred to the committee of claims.
On motion of Mr. McKixney, the house adjourned until Monday,
12 o'clock.
MONDAY, January 14, 1S61.
A message from the senate, by their clerk, was read as follows:
In Senate, Jan. 12, 1861.
The senate have passed house bill, entitled:
An act to provide for electing members of a convention, and to
convene the same, No. 6, with amendments.
In which they respectfully request the concurrence of the house
of delegates.
The amendments proposed by the senate were agreed to.
Ordered, that Mr. Kemper inform the senate thereof.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill:
No. 30. A bill to re-enact the act passed 9th February 1844,
authorizing a loan from the Literary fund to the trustees of West
Liberty academy.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills :
No. 31. A bill to incorporate the Western Virginia insurance
company.
No. 32. A bill for the voluntary enslavement of Walker Fitz, a
free negro.
HOUSE OF DELEGATES.
31
No. 3-3. A bill to amend the 2d section of an act entitled an act
incorporating the town of Bethany, passed April 6, 1853.
No. 34. A bill to incorporate the Capper's springs company.
No. 35. A bill to amend an act incorporating the town of Chris-
tiansburg, and extending the limits of the same.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 36. A bill authorizing the Norfolk and Petersburg rail road
company to construct a branch of said road to some point on the
North Carolina line.
No. 37. A bill to amend the charter of the Wheeling creek turn¬
pike company.
No. 38. A bill incorporating the Norfolk county railway company.
No. 39. A bill to amend an act to increase the capital stock of
the Richmond and Danville rail road company, and for other pur¬
poses.
Mr. Kemper, from the committee on military affairs, presented the
following bill:
No. 40. A bill to create an ordnance department; which, on his
motion, was read the first time, and ordered to be read the second
time.
On motion of Mr. Tomlin,
Resolved, that the committee on finance enquire into the expe¬
diency of paying to James A. Bond a sum of money due for services
rendered the 87th regiment of Virginia militia.
Mr. Smith of Kanawha presented the petition of Jacob Goshorn
and others; wThich was ordered to be referred to the committee of
propositions and grievances.
On motion of Mr. Rutiierfoord,
Resolved, that leave be given to withdraw from the files of the
house, bill 67 of the last session, entitled a bill to give effect to the
19th clause of the 4th article of the constitution, and that the same
be referred to the committee for courts of justice.
On motion of Mr. Walker,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to Joseph Cline, or his representative, taxes erro¬
neously paid.
On motion of Mr. Walker,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to John W. Driver a license tax erroneously paid.
On motion of Mr. Walker,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to Benjamin Hoover taxes erroneously paid.
On motion of Mr. Christian,
Resolved, that the committee for courts of justice enquire into the
expediency of continuing the organization of the special court of
appeals, and transferring to such court, for adjudication, the criminal
docket of the supreme court.
On motion of Mr. Phelps,
Resolved, that the committee on finance enquire into the expe-
32
JOURNAL OF THE
diency of relieving the securities of Hugh L. Pickens, late sheriff of
Pleasants county, from the payment of damages imposed on them for
the failure of said sheriff to pay the revenue of said county into the
treasury within the time prescribed by law.
On motion of Mr. Phelps,
Resolved, that the committee on finance enquire into the expe¬
diency of relieving the securities of Eugenius Tibbs, late sheriff' of
Ritchie county, from the payment of damages imposed on them for
the failure of said sheriff to pay the revenue of said county into the
treasury within the time prescribed by law.
On motion of Mr. Lucas,
Resolved, that the committee of privileges and elections enquire
into the expediency of establishing an additional election precinct at
the mills of Willson Bane in Giles county.
On motion of Mr. Lockridge,
Resolved, that leave be given to withdraw from the files of this
house, bill 189, and that the same be referred to the committee on
finance.
Mr. Ballard presented the petition of William Stratton of the
county of Logan, praying to be released from certain fines, &c.;
which was ordered to be referred to the committee for courts of
justice.
Mr. Boreman presented the proceedings of a union meeting in
Wood county; which was ordered to be referred to the committee
on federal relations.
On motion of Mr. Frost,
Resolved, that the committee on banks enquire into the expediency
of reporting a bill to amend the charter of the Bank of Ravenswood.
Mr. Wallace presented the petition of citizens of Preston and
Monongalia counties, asking the incorporation of a joint stock com¬
pany to repair and macadamize the Morgantown and Beverley turn¬
pike road; which was ordered to be referred to the committee of
roads and internal navigation.
Mr. Wallace presented the petition of citizens of Preston, Bar¬
bour and Monongalia counties, asking the incorporation of a joint
stock company to repair and macadamize the Morgantown and Bever¬
ley turnpike road; which was ordered to be referred to the com¬
mittee of roads and internal navigation.
Mr. Wallace presented the petition of citizens of Monongalia
county, praying a repeal of the license to sell breadstuff's; which was
ordered to be referred to the committee of propositions and grievances.
On motion of Mr. Gibson,
Resolved, that the committee on finance enquire into the expedi¬
ency of allowing compensation to James Carscadon and William F.
Davis, for services rendered the 77th regiment of Virginia militia.
Mr. Smith of Amherst submitted the following resolution:
Resolved by the general assembly of Virginia, that the further
strengthening of the forts in Virginia, and the removal of arms and.
munitions of war from arsenals within her limits by the government
of the United States, will be regarded by the people as a menace or
HOUSE OF DELEGATES.
33
threat of war; and that we pledge her faith to restore the forts, dock
yards and arsenals in tact, if they shall be entrusted to her keeping,
in the event of a peaceable restoration of affairs; and in the event of
a dissolution of the Union, to account for them in an equitable divi¬
sion of the public property; which was ordered to be referred to the
committee on state and national affairs.
On motion of Mr. Magruder,
Resolved, that the committee on finance enquire into the expedi¬
ency of providing for defraying the expenses of transporting Gait's
statue of Jefferson from Florence, procuring a pedestal for the same,
and for properly setting it up.
On motion of Mr. Woolfolk,
Resolved, that the committee of privileges and elections be in¬
structed to enquire into the expediency of reporting a bill to so
amend the nineteenth section of the eighth chapter of the Code of
Virginia, in reference to the compensation of officers conducting
elections at the courthouses of the several counties in district elec¬
tions, for making their returns, &c. in said districts, as to increase the
same to at least an amount sufficient to pay the necessary expenses
in traveling to and from as well as their necessary tavern expenses.
On motion of Mr. Smith of Taylor,
Resolved, that leave be given to withdraw from the files of this
house, bill 327, and that the same be referred to the committee of
roads and internal navigation.
On motion of Mr. Harrison,
Resolved, that the committee on banks enquire into the expediency
of amending the charter of the Bank of Scottsvillc.
Mr. Witt en presented the petition of Rowland Fletcher, praying
relief as contractor on the Raleigh and Grayson turnpike; which
was ordered to be referred to the committee on finance.
On motion of Mr. Hackley,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of changing the place of holding the elec¬
tion in the Sperryville precinct of Rappahannock county, from the
house of Miss Cenith Fuston, now Wm. F. Aurass, to the house of
B. J. Holland, now occupied by Peter Baxter.
On motion of Mr. Gibson of Jefferson,
Resolved, that leave be granted to withdraw from the files of the
house, bill 383, and that the same be referred to the committee of
schools and colleges.
On motion of Mr. Garrett,
Resolved, that the committee for courts of justice enquire into the
expediency of empowering the counties of Essex and King &
Queen to issue bonds of the said counties for a sum, in the judgment
of the courts, sufficient to arm the citizens of said counties against
invasion.
On motion of Mr. Wood,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of reporting a bill to amend the second
section of an act passed January 3d, 1800, to authorize the onening
5
34
JOURNAL of THE
of a turnpike over the Southwest mountain in the county of Albe¬
marle.
Mr. McGruder presented the remonstrance of one hundred and
eleven citizens of Henrico county, against the proposed extension of
the corporate limits of the city of Richmond,- which was ordered to
be referred to the committee of propositions and grievances.
On motion of Mr. Montgomery,
Resolved, that leave be given to withdraw house bill 312 from the
files of last session, and that the same be referred to the committee
of roads and internal navigation.
Mr. Welch presented the proceedings of a public meeting in Ka¬
nawha county ; which were ordered to be referred to the committee
on state and national affairs.
On motion of Mr. Allen,
Resolved, that the committee of claims enquire into the expediency
of paying to James Patteson a claim against the commonwealth,
amounting to $ 76.
On motion of Mr. Martin,
Resolved, that leave be given to withdraw from the files of the
house, bill 548, and that the same be referred to the committee of
propositions and grievances.
On motion of Mr. Hold way,
Resolved, that leave be granted to withdraw from the files of this
house, senate bill 236, and that the same be referred to the com¬
mittee on finance.
On motion of Mr. Maupin,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending the charter of the town of
Guyandotte in the county of Cabell.
On motion of Mr. Lynn,
Resolved, that the committee on finance enquire into the expe¬
diency of granting relief to the securities of Milton Fitzhugh, late
sheriff of Prince William county, for damages and fines paid by him.
Mr. Leftwich presented the petition of Ro. H. Gray, attorney for
heirs of officers and soldiers of the revolutionary wrar; which was
ordered to be referred to the committee of claims.
On motion of Mr. McKenzie,
Resolved, that leave be given to withdraw from the files of the
house of last session, bill 454, and that the same be referred to the
.committee of claims.
On motion of Mr. Gibson of Hampshire,
Resolved, that four thousand copies of the act to provide for elect¬
ing members of a convention, and to convene the same, be printed
for the purpose of distribution, as specified in the said act, and
among the members of the general assembly.
On motion of Mr. Matthews,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending the 2d section of an act
passed the 27th March 1853, entitled an act to incorporate the tow-n
of Frankfort in the county of Greenbrier.
HOUSE OF DELEGATES.
35
Mr. Matthews presented the petition of sundry citizens of the
town of Frankfort, praying for an amendment to the second section
of an act passed 27th March 18-58, entitled an act to incorporate the
town of Frankfort in the county of Greenbrier; which was ordered
to be referred to the committee of propositions and grievances.
A message was received from the senate, by Mr. Wickiiam, who
informed the house that the senate had passed
No. 2. An act changing the time of holding the terms of the
circuit courts of James City, the city of Williamsburg, and the
county of Henrico.
In which they respectfully requested the concurrence of the house
of delegates.
On motion of Mr. Richardson,
Resolved, that leave be granted to withdraw from the files of the
last session, senate bill 27, and that the same be referred to the com¬
mittee on finance.
On motion of Mr. Chapman,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of ceding to the county of Monroe the
interest of the state in the White and Salt sulphur springs turnpike
company, and the Sweet and Salt sulphur springs turnpike com-*
pany, on certain conditions.
On motion of Mr. Dickenson,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of constructing a turnpike road, on the two
and three-fifths principle, from near Lebanon in the county of Rus¬
sell, through New Garden, to the Tazewell line.
Mr. Keen presented the petition of the trustees of Pittsylvania
academy, for converting the same into a military school, and asking
an appropriation therefor; which was referred to the committee of
schools and colleges.
The proceedings of a public meeting in Botetourt county, pre¬
sented by Mr. Anderson, being the unfinished business, was, on mo¬
tion of Mr. Haymond, laid on the table and ordered to be printed.
Doc. No. 14.
Mr. Carpenter, from the joint committee on federal relations, pre¬
sented a report, which, on his motion, was laid on the table and or¬
dered to be printed. Doc.*N~o. 13.
Mr. Anderson, from the joint committee to receive the Alabama
commissioners, presented the following report, which was adopted:
The joint committee of the senate and house of delegates ap¬
pointed to receive and confer with the commissioners from the sove¬
reign state of Alabama, and ascertain at what time it will suit their
convenience to address the general assembly, have performed the
duty assigned them, and they respectfully report,' that the commis¬
sioners have expressed the wish to address the two houses of the
general assembly on Tuesday the 15th instant, at 1 o'clock P. M.
In order to carry out the * arrangement made with the commis¬
sioners, your committee suggest that the addresses be delivered in
36
JOURNAL OF THE
the hall of the house of delegates, in the presence of both houses, at
the time indicated by the commissioners.
Respectfully submitted.
T. P. AUGUST,
Ch. Com. Senate.
JOHN SEDDON,
Ch. Com. H. of D.
Jan. 14, 1861.
On motion of Mr. Anderson,
Resolved, that the senate be invited to assemble in the hall of the
house of delegates, at 1 o'clock P. M. on Tuesday next, to receive
the commissioners from the state of Alabama.
On motion of Mr. Pritchard,
Resolved, that the petition of John Conaway, presented at the
last session, be withdrawn, and referred to the committee of claims.
On motion of Mr. Rutherfogrd,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a bill to defray the expenses attending the recent
revision and republication of the Code of Virginia.
On motion of Mr. Watts,
Resolved, that the committee on banks enquire the expediency of
establishing an independent bank in the city of Portsmouth.
Mr. Cassin presented the petition of Washington Cook; which
was ordered to be referred to the committee on finance.
On motion of Mr. Kaufman,
Resolved, that leave be given to withdraw from the files of the
house, bill 412, and that the same be referred to the committee of
claims.
On motion of Mr. Randolph,
Resolved, that leave be granted to withdraw bill 3-53 from the
files of the house of the last session, and that the same be referred to
the committee of roads and internal navigation.
On motion of Mr. Thomas,
Resolved, that leave be given to withdraw from the files of the
house, bill 206 of the last session, and that the same be referred to
the committee of roads and internal navigation.
On motion of Mr. Pretlow,
Resolved, that the committee on finance enquire into the expe¬
diency of amending the 24th article of the 3d chapter of the statutes
of 1859-60.
A message was received from the senate by Mr. Wickham, who
informed the house of delegates that the senate had passed
No. 5. A bill allowing persons elected commissioners of the reve¬
nue at the last general election, and who failed to qualify within the
time prescribed by law, to qualify as such in certain cases.
In which they respectfully requested the concurrence of the house
of delegates.
On motion of Mr. Grattan, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
37
TUESDAY, January 15, 1861.
Prayer by Rev. Mr. Boggs of the Methodist church.
The Speaker laid before the house a message from the governor
upon the subject of pardons; which was laid upon the table and or¬
dered to be printed. Doc. No. 4.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 41. A bill authorizing the clerks of the supreme court and
the district courts of appeals to take orders of publication in vaca¬
tion.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bills:
No. 42. A bill to amend the act incorporating the Lewisburg fe¬
male institute.
No. 43. A bill to amend the act concerning district free schools in
the county of Jefferson.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bill; which, on his motion, was read a first time, and ordered
to be read a second time :
No. 44. A bill to authorize the issue of treasury notes.
Mr. Graham presented the petition of Solomon W. Maxwell and
others, asking for an extension of the Black lick and Plaster bank
turnpike; which was ordered to be referred to the committee of
roads and internal navigation.
On motion of Mr. Jones of Appomattox,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill authorizing the county
court of Appomattox to raise $6,000 in the manner indicated in their
petition, for the purpose of arming the volunteer and militia compa¬
nies of said county.
Mr. Jones of Appomattox presented the petition of L. D. Isbell
and Thos. H. Flood, a committee appointed by the county court of
Appomattox, praying that leave be granted to the county court of
said county to raise $ 6,000 for arming the county; which was or¬
dered to be referred to the committee for courts of justice.
A message was received from the senate by Mr. Early, who in¬
formed the house of delegates that the senate had accepted their in¬
vitation to attend the delivery of the addresses of the commissioners
from the state of Alabama.
Mr. Graham presented the proceedings of a public meeting in
Wythe county; which were ordered to be referred to the joint com¬
mittee on state and national affairs.
On motion of Mr. Magruder,
Resolved, that the committee on finance enquire into the expedi¬
ency of amending the 4th section of the act passed 30th March last,
making regulations concerning licenses.
On motion of Mr. Richardson,
Resolved, that the committee on military affairs be instructed to
38
JOURNAL OF THE
enquire into the expediency of amending and re-enacting an act en¬
titled an act for the encouragement of certain volunteer military
companies in the city of Wheeling, passed March 27th, 1858.
Mr. Huntt presented the proceedings of a public meeting in Fair¬
fax county; which were ordered to be referred to the joint committee
on state and national affairs.
Mr. Friend presented the petition of James Walden, a free negro,
to remain in the commonwealth; which was ordered to be referred
to the committee of propositions and grievances.
Mr. Lucas presented the petition of the citizens of Giles and Mon¬
roe counties, for a turnpike road; which was ordered to be referred
to the committee of roads and internal navigation.
On motion of Mr. Orgain,
Resolved, that leave be given to withdraw from the files of this
house, the petition of Samuel E. Lee of the county of Lunenburg,
and that the same be referred to the committee on finance.
Mr. Morris presented the petition of W. H. Cecil and others, for
releasing Henry Snider from the penalties of a conviction for permit¬
ting unlawful gaming at his ordinary in Marshall county ; which was
ordered to be referred to the committee on finance.
Mr. Morris presented the petition of Robert Alexander and others,
to release John Ray from a fine; which w7as ordered to be referred
to the committee on finance.
Mr. Robertson presented the petition of cavalry and other volun¬
teer corps of Virginia for removal to this state of the remains of
General Harry Lee ; which, on his motion, was ordered to be referred
to a select committee.
Mr. Patterson submitted the following resolutions; which, on
his motion, were ordered to be referred to the joint committee on
state and national affairs :
Resolved, by the senate and house of delegates, that R. M. T. Hun¬
ter, Win. C. Rives, John J. Allen and George W. Summers be and
are hereby appointed commissioners to open a correspondence with
the governments of all the states, to ascertain on what terms, if upon
any, the present Union can be preserved; and if it cannot, then
upon what terms and with what states a new confederacy can be
formed, which will secure to the people of Virginia the full enjoy¬
ment of all their rights; and that they be required to report the re¬
sult of their proceedings to the convention to assemble on the 13th
February next.
Resolved, that the governor be requested forthwith to apprise said
commissioners of their appointment.
On motion of Mr. Alderson,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of incorporating a company upon the two
and three-fifths principle, for the purpose of constructing a turnpike
road from the mouth of Twenty mile creek, on the Weston and
Gauley bridge turnpike road, by way of Clay courthouse, to connect
with Elk river turnpike road at the Upper Three forks of Sandy.
HOUSE OF DELEGATES.
39
On motion of Mr. Dickenson,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the 18th section of chapter 157 of the Code,
so as to not allow but two terms of the county court in a year for
the trial of jury cases, except causes of forcible entry and unlawful
detainer.
On motion of Mr. Brown,
Resolved, that leave be given to withdraw house bill 147, and that
the same be referred to the committee on roads and internal navi¬
gation.
On motion of Mr. Fleming,
Resolved, that so much of the governor's message as refers to the
terms of confinement in the penitentiary, be referred to the com¬
mittee for courts of justice.
On motion of Mr. Woolfolk,'
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reporting a bill allowing compensa¬
tion to John S. Payne, editor of the Orange Chronicle, for services
rendered the 3d regiment of Virginia militia.
On motion of Mr. Newton,
Resolved, that the committee of propositions and grievances, be
instructed to enquire into the expediency of incorporating the Rich¬
mond and Liverpool packet company.
On motion of Mr. Gibson of Hampshire,
Resolved, that leave be given to withdraw from the files of the
house, bill 520, and that the same be referred to the committee of
roads and internal navigation.
On motion of Mr. Gibson of Hampshire,
Resolved, that leave be given to withdraw from the files of the
house, bill 553 of last session, and that the same be referred to the
committee on banks.
On motion of Mr. Haymond,
Resolved, that all bills not acted on at the last session, be referred
to the appropriate committees.
On motion of Mr. Bentley,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the charter of the Alexandria,
Loudoun and Hampshire rail road company.
On motion of Mr. Bisbie,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of incorporating the Virginia boot and shoe
manufacturing company.
On motion of Mr. Lynn,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing single justices, on the suggestion of the
judgment creditor, to issue a garnishee summons in all cases in which
judgments shall be rendered by them, in order to effectuate the lien
of an execution.
On motion of Mr. Wood,
Resolved, that the committee on military affairs be instructed to
40
JOURNAL OF THE
enquire into the expediency of reporting a bill to establish a school
of military science in connection with the University of Virginia.
On motion of Mr. Montgomery,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill to increase the salary of the commissioner
of the revenue for the county of Fayette.
On motion of Mr. Matthews,
Resolved, that the committee on finance be instructed to enquire
into the expediency of releasing the taxes on a tract of land of 130
acres, improperly charged to Washington Burr of Greenbrier county.
On motion of Mr. Kyle,
Resolved, that leave be given to withdraw from the files of the
house, senate bill 448, and certificate of presiding magistrate, and
that they be referred to the committee of claims.
On motion of Mr. Bell,
Resolved, that the committee for courts of justice enquire into the
expediency of changing the day for holding the circuit court in the
county of Page.
The following bills were read a first time, and ordered to be read
a second time :
No. 1. A bill to amend the 4th section of an act incorporating the
Jefferson insurance company of Albemarle.
No. 2. A bill for the construction of a branch of the Central rail
road to Lexington.
No. -3. A bill to change the eastern terminus of the Slavin's cabin
and Summersville turnpike.
No. 4. A bill making an appropriation for improving the Wilder¬
ness road in Greenbrier and Nicholas.
No. 5. A bill to amend the charter of the Winchester and Potomac
rail road company.
No. 8. A bill to incorporate the Montgomery female college.
No. 9. A bill amending and re-enacting the Sth section of an act
entitled an act imposing taxes for the support of government, passed
March 31, 1860.
No. 10. A bill fixing the mode of settlement with the sheriff of
the county of Jefferson.
No. 11. A bill refunding to Benjamin and Isaac Deford a certain
sum of money paid on erroneous assessment.
No. 12. A bill to amend and re-enact the 25th section of an act
entitled an act imposing taxes for the support of government, passed
March 3L, 1860.
No. 13. A bill to amend an act passed April 6, 1858, entitled an
act to amend and re-enact an act entitled an act for regulating foreign
O O CD
life insurance companies within this commonwealth, passed March 6,
1856.
No. 14. A bill to amend an act passed March 30, I860, entitled
an act making regulations concerning licenses.
No. 15. A bill for the relief of Edward McCabe of Harpers Bierry.
No. 16. A bill releasing the commonwealth's claim to a certain
island in Chesapeake bay, to Edward J. Poulson.
HOUSE OF DELEGATES.
41
No. 17. A bill to incorporate the Arnoldsburg and Sandy turnpike
company.
No. 18. A bill to incorporate the Lynchburg and North Carolina
rail road company.
No. 19. A bill to extend the improvement of the Little Kanawha
river to the falls thereof in the county of Braxton.
No. 20. A bill authorizing a loan from the Literary fund to the
Alleghany college.
No. 21. A bill to incorporate the town of Cameron in the county
of Marshall.
No. 22. A bill to incorporate the Berkeley border guards volunteer
company.
No. 23. A bill for the relief of Nathaniel B. Harvey.
No. 24. A bill for the relief of Enoch Atkins of Giles county.
No. 25. A bill refunding a license tax to Paul A. Farley of the
county of Lunenburg.
No. 26. A bill authorizing the payment to William G-. Jackson of
certain coupons.
No. 27. A bill for the relief of James Scott of Greenbrier county.
No. 28. A bill refunding to Matthew Wamsley of the county of
Randolph, a certain amount of money erroneously paid by him.
No. 29. A bill for the relief of Rev. J. Packard.
No. 30. A bill to re-enact the act passed 9th February 1844, au¬
thorizing a loan from the Literary fund to the trustees of West Liberty
academy.
No. 31. A bill to incorporate the Western Virginia insurance com¬
pany.
No. 32. A bill for the voluntary enslavement of Walker Fitz, a
free negro.
No. 33. A bill to amend the 2d section of an act entitled an act
incorporating the town of Bethany, passed April 5, 1853.
No. 34. A bill to incorporate the Capper's springs company.
No. 35. A bill to amend an act incorporating the town of Chris-
tiansburg, and extending the limits of the same.
No. 36. A bill authorizing the Norfolk and Petersburg rail road
company to construct a branch of their road to some point on the
North Carolina line.
No. 37. A bill to amend the charter of the Wheeling creek turn¬
pike company.
No. 38. A bill incorporating the Norfolk county railway company.
No. 39. A bill to amend an act to increase the capital stock of the
Richmond and Danville rail road company, and for other purposes.
No. 4-1. A bill authorizing the clerks of the supreme court and the
district courts of appeals to take orders of publication in vacation.
No. 42. A bill to amend the act incorporating the Lewisburg
female institute.
No. 43. A bill to amend the act concerning district free schools in
the county of Jefferson.
The report of the committee on military affairs adverse to the pe¬
tition of Capt. Kinney, was taken up and concurred in.
6
42
JOURNAL OF THE
The report of the committee of claims adverse to the petition of
J. P. A. Entler, was taken up and concurred in.
No. 7. A bill to amend the charter of the city of Richmond, was
taken up, and on motion of Mr. McGruder, recommitted to the
committee for courts of justice.
The hour of one o'clock having arrived, the senate, preceded by
their president and clerk, entered the hall, and took the seats assigned
to them.
The commissioners from the state of Alabama, attended by the
joint committee of the two houses of the general assembly, entered
the hall. The senators and delegates rose to receive them.
Mr. August, the senator from the city of Richmond, chairman of
the joint committee, presented to the Speaker, and through him to
the general assembly, the Hon. A. P. Hopkins and F. M. Gilmer, jr.
Esqs., commissioners from the sovereign state of Alabama.
The Speaker received them, in a brief address.
The commissioners then addressed the general assembly.
On the conclusion of their addresses (the senate retiring),
On motion of Mr. Wallace, the house adjourned until to-mor¬
row, 12 o'clock.
WEDNESDAY, January 16, 1861.
Prayer by Rev. Dr. Read of the Presbyterian church.
The following senate bill was read a first and second times, and on
motion of Mr. Rutherfookd, referred to the committee for courts of
justice:
No. 2. A bill changing the time of holding the terms of the cir-
o o o
cuit courts of James City and the city of Williamsburg and the
county of Henrico.
The following senate bill was read a first and second times, and on
motion of Mr. Shannon, two-thirds concurring, read a third time
and passed:
No. 5. A senate bill allowing persons elected commissioners of
the revenue at the last general election, and who failed to qualify
within the time prescribed by law, to qualify as such in certain cases.
Mr. Ruthekfooiid, from the committee for courts of justice, pre¬
sented the following bill:
No. 45. A bill to give effect to the 19th clause of the 4th article
of the constitution.
Mr. Ma cruder, from the committee of propositions and grievances,
presented the following bills:
No. 46. A bill to incorporate the Sweet chalybeate springs com--
pany.
No. 47. A bill to amend the act of the 27th March 1858, incor¬
porating the town of Frankfort in the county of Greenbrier.
No. 48. A bill for the voluntary enslavement of B. W. Love and
Isaac Burnett, without compensation to the state.
HOUSE OF DELEGATES.
43
Mr. Chapman, from the committee of propositions and grievances,
presented the following bill:
No. 49. A bill to increase the capital stock of the Elk river turn¬
pike company.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
Nc. 50. A bill to defray the expenses of a pedestal, setting up
and transporting the statue of Jefferson.
No. 51. A bill granting the commonwealth's right to the real
estate of John Kelly deceased, to Owen Shee.
Mr. Bisbie, from the committee on agriculture and manufactures,
presented the following bill:
No. 52. A bill to incorporate the Virginia boot and shoe manu¬
facturing company.
Which said bills were read a first time, and ordered to be read a
second time-
Mr. M a (.;ruder, from the committee of propositions and grievances,
presented the following reports ; which were concurred in :
A report referring the resolution enquiring into the expediency of
reporting a bill for the relief of Hugh H. Hite, to the committee on
finance.
An adverse report to a resolution to change the place of holding
elections in the Sperryville precinct of Rappahannock county.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing report:
An adverse report to the petition of Win. B. Wooldridge and T. C.
Howard, asking for a reassessment of certain lands.
Mr. Barbour, from the joint committee upon state and national
affairs, presented the following report; which, on his motion, was
laid on the table :
Resolved, that in the opinion of the general assembly, it would be
inexpedient for the federal government, under existing circumstances,
to make any addition to the military forces in any of the forts, arse¬
nals or naval stations in Virginia, inasmuch as any such increase of
force would be liable to misconstruction, and tend to create uneasi¬
ness in the public mind.
Resolved, that the governor be requested to adopt immediate mea¬
sures for obtaining information as to the purpose of the executive of
the general government with respect to strengthening the military
force in the arsenals, docks and fortifications within the limits of this
commonwealth.
Resolved, that the foregoing resolutions be communicated by the
governor of this commonwealth to the president of the United States.
The Speaker announced the following committee under the reso¬
lution adopted on yesterday in reference to the removal of the re¬
mains of Gen. Harry Lee : Messrs. Robertson, McCamant, McGruder,
Mallory, and Gibson of Jefferson.
On motion of Mr. JIorKiNS,
Resolved, that the committee on finance be instructed to enquire
into the expediency of reporting a bill for the relief of John Preston,
44
JOURNAL OF THE
Walter Preston and Thomas Preston from an erroneous assessment
of a tract of land in the county of Wise.
Mr. Gilmer of Pittsylvania presented the petition of officers of
volunteer company A, 101st regiment Virginia militia, praying to he
relieved from the necessity of attending the regimental musters;
which was ordered to be referred to the committee on military affairs.
On motion of Mr. Collier,
Resolved, that the committee on banks enquire into the expediency
of amending the charter of the Planters savings bank of Petersburg.
On motion of Mr. Rives,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of authorizing the formation of a rifle
volunteer company in the county of Surry, the minimum number of
which shall not be less than thirty-five, rank and file.
Mr. Rives presented the petition of citizens of Surry, for the for¬
mation of a rifle volunteer company; which was ordered to be re¬
ferred to the committee on military affairs.
On motion of Mr. Hackley,
Resolved, that the committee on finance enquire into the expe¬
diency of amending the 23d section of the 3d chapter of the statutes
of 1859-60.
On motion of Mr. McGehee,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing the county court of Charlotte to levy a
tax of six thousand dollars to arm the volunteers and militia of said
county.
Mr. Watson of Pulaski presented the petition of citizens of Pu¬
laski county; which was ordered to be referred to the committee of
propositions and grievances.
On motion of Mr. Magruder,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Augusta and Rock¬
bridge lumber company.
Mr. Thompson presented the petition of George C. Bowyer and
others, asking to have refunded to them certain money paid by them
as sureties, &c.; which was ordered to be referred to the committee
on finance.
On motion of Mr. Bassel,
Resolved, that the committee on finance enquire into the expe¬
diency of suspending for one year the whole unexpended appropria¬
tions for internal improvements, and to report the bill of the last
session laying a tax of one per cent, on the sales of all merchants in
the state, or collected only upon one sale, and also the special license
bill of the last session.
On motion of Mr. Lundy,
Resolved, that the committee on military affairs enquire into the
expediency of authorizing such volunteer companies as have not al¬
ready been provided with arms by the state, to purchase arms, the
quality and quantity to be defined and limited by law, and that for
such sum so expended, said companies shall be reimbursed out of the
treasury.
HOUSE OF DELEGATES.
45
Mr. Saunders presented the petition of Henry R. Jones, for an
increase of salary as clerk of the Virginia penitentiary; which was
ordered to be referred to the committee on finance.
On motion of Mr. Seddon,
Resolved, that a special committee be appointed to bring in a bill
to amend the 1st section of an act to prevent trespasses, depredations,
&c. along the borders of the Potomac and other tide waters in the
counties of Fairfax, Stafford and King George.
The Speaker announced the following committee under this reso¬
lution : Messrs. Seddon, Rutherfoord and Newton.
Subsequently, Mr. Seddon, from the committee, presented the fol¬
lowing bill; which, on his motion, was read a first time, and ordered
to be read a second time:
No. 33. A bill to amend the 1st section of an act to prevent tres¬
passes and depredations along the waters of the Potomac and other
tide waters in the counties of Fairfax, Stafford and King George.
Mr. West presented the petition of citizens of Harrison county,
praying an amendment to the law in regard to the trespassing of
hogs; which was ordered to be referred to the committee of propo¬
sitions and grievances.
Mr. Porter presented the proceedings of a public meeting in
Brooke county; which was ordered to be referred to the joint com¬
mittee 011 state and national affairs.
On motion of Mr. Jett,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of allowing Silla Rich, a
free woman of color, to enslave herself and children to Albert F.
Yerby.
Mr. Thomas presented the petition of Charles H. Kunkel, praying
to be relieved from taxes improperly assessed; which was ordered to
be referred to the committee on finance.
On motion of Mr. Gibson of Hampshire,
Resolved, that so much of the governor's message as refers to the
appointment of commissioners under the act of 23d January last, be
referred to the committee on finance, and that they be instructed to
make provision, by bill or otherwise, for a fair and just remuneration
to them for their services.
On motion of Mr. Welch,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of incorporating a company to construct a
rail road from Charleston in the county of Kanawha, up Elk river,
to such point as may be deemed necessary to accommodate the trade.
On motion of Mr. Montgomery,
Resolved, that leave be given to withdraw house bill 372 of the
last session, and that the same be referred to the committee of roads
arid internal navigation.
On motion of Mr. Arnold,
Resolved, that the committee on banks enquire into the expediency
of reporting a bill incorporating a savings bank in the town of Bath
in the county of Morgan.
46
JOURNAL OF THE
On motion of Mr. Christian,
Resolved, that the 15th standing rule of the house be so amended
as to provide for the more speedy printing of house bills.
On motion of Mr. Witten,
Resolved, that the committee on banks be requested to enquire
into the expediency of amending the act incorporating the North¬
western Bank of Virginia.
On motion of Mr. Miller of Lee,
Resolved, that the committee for courts of justice be instructed
to enquire into the expediency of repealing or modifying the usury
laws.
On motion of Mr. Richardson,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill to enable the town of
South Wheeling to dispose of some of the real estate belonging
thereto.
On motion of Mr. Lockridge, ,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill to refund to W. L. Heeald a sum of money
paid by him on erroneous assessment of taxes.
On motion of Mr. Woolfolk,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of remitting to Major Richard Chapman
fines improperly imposed upon him by the court of enquiry for the
3d regiment of Virginia militia.
On motion of Mr. Christian,
Resolved, that the committee on lunatic asylums enquire into the
expediency of changing the names of the several asylums, for their
more convenient designation, as follows, respectively, viz: "The
Eastern lunatic asylum"The Central lunatic asylum and "The
Northwestern lunatic asylum."
On motion of Mr. Crane,
Resolved, that the committee on banks enquire into the expediency
of incorporating a bank, to be located in the county of Randolph,
upon the principle of the charter of the Bank of the City of Rich¬
mond, passed at the last session of the general assembly of Virginia.
On motion of Mr. Kyle,
Resolved, that the committee for courts of justice enquire into the
.expediency of reducing the act of limitation in actions of ejectment.
On motion of Mr. Graham,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of reporting a bill amending the charter of
the Raleigh and Grayson turnpike company.
On motion of Mr. Baskervill,
Resolved, that the committee on banks enquire into the expediency
of repealing so much of the act passed the 20th day of April 1858,
entitled an act providing for a more uniform currency of the banks
of the state, as provides that branch banks shall redeem their notes
at the parent banks, and that independent banks shall establish re¬
demption agencies at Richmond and Baltimore.
HOUSE OF DELEGATES.
47
On motion of Mr. Boeeman,
Resolved, that senate bill 467 for the extension of the Bellville
and Williamsport turnpike to Ravenswood in the county of Jackson,
be withdrawn, and referred to the committee of roads and internal
navigation.
On motion of Mr. Reid,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating an insurance company at
Lexington in Rockbridge county.
On motion of Mr. Seddon,
Resolved, that the joint committee to receive and confer with the
commissioners from the state of Alabama, be instructed to request
for publication a copy of the address delivered by the Hon. A. F.
Hopkins on yesterday.
On motion of Mr. Hopkins, the house adjourned until to-morrow,
12 o'clock.
THURSDAY, January 17, ,1861.
Prayer by Rev. Dr. Read of the Presbyterian church.
A message from the senate, by their clerk, was read as follows:
In Senate, Jan. 16, 1861.
The senate have passed a bill entitled:
An act to compensate juries serving on coroners' inquests in the
counties of New Kent, Charles City, James City, York, Warwick and
Elizabeth City, and also in the cities of Williamsburg and Norfolk.
In which they respectfully request the concurrence of the house
of delegates.
. No. 6. A senate bill entitled an act to compensate juries serving
on coroners' inquests in the counties of New Kent, Charles City,
James City, York, Warwick and Elizabeth City, and also in the cities
of Williamsburg and Norfolk, was read a first and second times, and
on motion of Mr. Bxsbie, two-thirds concurring, was read a third
time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Rutiierfooed, from the committee for courts of justice, pre¬
sented the following resolution; which was agreed to:
Resolved, that the committee for courts of justice be instructed to
enquire whether any, and if any, what further legislation is neces¬
sary to give effect and force to the new edition of the Code of Vir¬
ginia, provided for by the act of assembly, passed March 19th, 1860,
entitled an act providing for publishing a second edition of the Code
of Virginia.
Mr. Wingfield, from the committee of claims, presented the fol¬
lowing bills:
No. 51. A bill for the relief of John W. Grove of Frederick
county.
48
JOURNAL OF THE
No. 52. A bill for the relief of Angus M. Wood.
No. 53. A bill for the relief of George N. Tucker of Halifax
county.
No. 54. A bill to refund to Louisa Hunter of Alexandria county
taxes improperly paid.
No. 55. A bill refunding to Joseph L. Russell amount of taxes
improperly paid on license.
No. 56. A bill for the relief of Henry Cooper of Frederick county.
Mr. Kemper, from the committee on military affairs, presented the
following bills:
No. 57. A bill to amend the 1st section of an act entitled an act
for the encouragement of certain volunteer military companies in
the city of Wheeling, passed March 27th, 1856.
No. 58. A bill appropriating one million of dollars for the defence
of the commonwealth.
Which last mentioned bill was, on his motion, read a first time,
and ordered to be read a second time.
Mr. Haymond, from the committee on finance, presented the
following bills:
No. 59. A bill for the relief of Charles A. Hoge and James
Musgrave.
No. 60. A bill for the relief of Thomas Javins of Fairfax county.
No. 61. A bill refunding to John H. Showalter a license tax im¬
properly charged against and paid by him.
No. 62. A bill refunding to Robert N. Wright a sum of money
paid on erroneous assessment.
No. 63. A bill refunding to the securities of Wm. H. Blanch, late
sheriff of the county of Mecklenburg, certain damages paid by them.
No. 64. A bill to amend and re-enact the 13th section of chapter
42 of the Code, edition of 1860, so as more effectually to regulate
the sales of real estate, under executions in favor of the common¬
wealth.
No. 65. A bill for the relief of J. Dickinson Kincaid of Green¬
brier county.
No. 66. A bill to provide for paying to the Bank of Racine lost
coupons for interest on the bonds of the state of Virginia.
No. 67. A bill to provide for the payment to the Richmond branch
of the Exchange Bank, of lost coupons for interest on the bonds of
the state of Virginia.
Mr. Wingfield, from the committee of claims, presented the fol¬
lowing report; which was concurred in :
The committee of claims have, according to order, had under con¬
sideration a resolution enquiring into the expediency of compen¬
sating that portion of the 89th regiment of Virginia militia, who
were called into the service of the state, during the John Brown
raid, by the colonel of the regiment, and have adopted the following
resolution :
Resolved, that the commissioners to audit and settle the accounts
for services at Harpers Ferry and its neighborhood, during the John
Brown raid, be authorized to reconsider the claim of the S9th regi-
HOUSE OF DELEGATES.
49
ment in the county of Morgan, and make report of their decision to
this house, and that this committee be discharged from the further
consideration of the same.
Mr. Barbour, from the committee on state and federal relations,
presented the following report:
Resolved, that in the opinion of the general assembly of Virginia, the propo¬
sitions embraced in the resolutions presented to the senate of the United States
by the Hon. John J. Crittenden, constitute the basis of such an adjustment of the
unhappy controversy which now divides the states of this confederacy, as would
be accepted by the people of this commonwealth.
Resolved, that one commissioner to the government of the United States and
one commissioner to the state of South Carolina and the other states that have
seceded or shall secede, be appointed by a joint vote of the general assembly,
with instructions respectfully to request the president of the United States and
the authorities of such states to agree to abstain, pending the proceedings con¬
templated by the action of this general assembly, from any and all acts calculated
to produce a collision of arms between the states and the government of the
United States.
Mr. Tomlin submitted the following substitute for the report of
the committee:
Resolved by the general assembly of Virginia, that this commonwealth and the
rest of the southern states have just cause of complaint against the non-slavehold-
ing states, for their unfriendly legislation, in attempting to render worthless,
constitutional provisions for the rendition of fugitives from labor; in obstructing
the execution of constitutional laws; in imprisoning our citizens, and imposing op¬
pressive penalties upon them for asserting in those states their legal rights; in de¬
nying the usual comity of nations—the mere right of transit through their terri¬
tory with property legally acquired and rightfully held under our state constitu¬
tions, and guaranteed to us by the constitution of the United States; in endeavor¬
ing, by teachings, by declarations from the pulpit, from the hustings and in public
meetings, to instill into the minds of our slaves feelings calculated to produce do¬
mestic insurrection among us, annoying hy their constant repetition, and jeopard¬
ing our peace and safety; by the industrious circulation of incendiary publications
to produce discord and division in our midst, and incite to midnight murder and
every imaginable atrocity against an unoffending community; by their openly
avowed determination to circumscribe the institution of slavery within the terri¬
tory of the states now recognizing it; by subscribing money, paying for arms and
munitions of war, and encouraging fanatics to invade our territory and subvert our
government; by a persistent denial of the equal rights of the citizens of each
state to settle with their property in the common territory acquired by the blood
and treasure of all*; and finally, in the election, by a sectional majority of the free
states alone, to the first office in the republic, of the author and advocate of the
sentiments—which he is pledged to carry into his administration of the govern¬
ment—that the states of this Union must be all free or all slave states; that all of
the territories belonging equally and in common to the states of this confederacy,
shall be forever devoted to freedom; and that slavery shall be put in the course of
ultimate extinction : And in our deliberate judgment, such systematic opposition
denotes a hostility which imperiously demands the most prompt and decisive ac¬
tion on the part of the states aggrieved, to remedy the evil, and if possible to re¬
store friendly intercourse and fraternal regard and affection among the people and
the respective state governments.
Resolved, that the sympathy and co-operation of sister states, under such
circumstances, cannot be otherwise than grateful, and their united action ought to
be successful; and in giving expression to such feelings, we manifest our desire to
aid in perpetuating the relations of amity which ought to exist, and which are the
safeguards for harmony and peace among nations.
Resolved, that a consultation among the southern states upon our rights and our
wrongs, and upon the mode and measure of redress, to be afterwards submitted to>
the northern states, with an earnest appeal to their sense of justice, to acknow-
50
JOURNAL OF THE
ledge and adhere to them, must tend "to form a more perfect Union, establish jus¬
tice, insure domestic tranquillity, promote the general welfare, and secure the bles¬
sings of liberty to ourselves and our posterity." We therefore earnestly recommend
the co-operation of all the southern states in assembling a convention for the pur¬
poses and objects herein expressed.
Resolved, that the general assembly of this commonwealth will, by joint ballot,
elect commissioners to represent this state, and that each of the southern
states be requested in like manner to elect similar commissioners on their part,
to meet at Montgomery, in the state of Alabama, on the 4th day of February
next, in such convention. And it is hereby expressly declared that the action of
such convention shall be submitted to the general assembly, or to the convention
of this state, if in session, and to each of the southern states, for ratification or
rejection.
Resolved, that the governor transmit a copy of these resolutions to the president
of the United States, with a request that the same be communicated to the con¬
gress of the United States, and also copies to the governors of the several states,
requesting that they be submitted to the legislature of each state respectively.
Resolved, that the general assembly will, by joint ballot, elect commis¬
sioners, with instructions respectfully to request the president of the United States
to abstain, during the mediation contemplated by these resolutions, from all acts
calculated to produce a collision of arms between the states and the government of
the United States; and commissioners be elected in like manner, with in¬
structions respectfully to request the state of South Carolina and the other states
that have seceded or may secede, to avoid any action other than for defence, which
may produce collision with the forces of the federal government.
The report and substitute were laid on the table, and ordered to be
printed. Doc. No. 15.
On motion of Mr. Jones of Gloucester, the resolutions submitted
by Mr. Crittenden, in the senate of the United States, were ordered to
be printed with the report of the committee.
On motion of Mr. Jones of Appomattox,
Resolved, that the committee on banks enquire into the expediency
of amending the first section of chapter fifty-eight of the Code of
Virginia, so that no person shall be elected or appointed a director in
a bank, unless he is a stockholder in said bank.
On motion of Mr. Bass,
Resolved, that the committee of schools and colleges be instructed
to enquire into the expediency of loaning a sum of money to Roanoke
college, not exceeding ten thousand dollars.
Mr. Edgington presented the memorial of the Wheeling and Bel¬
mont bridge company; which was ordered to be referred to the com¬
mittee of roads and internal navigation.
On motion of Mr. Edgington,
Resolved, that leave be given to withdraw bill 451 of the last ses¬
sion, also the memorial of the members of the bar of the circuit
court of Ohio county, and that the same be referred to the committee
for eourts of justice.
Mr. McGruder presented the remonstrance of forty-three citizens
of Henrico county against the proposed extension of the corporate
limits of the city of Richmond; which was ordered to be referred to
the committee of propositions and grievances.
The Speaker presented the following communication from the go¬
vernor of the commonwealth:
HOUSE OF DELEGATES.
51
Executive Department,
Jan. 17, 1861.
Gentlemen of the Senate
and House of Delegates:
I have received a communication from his ex¬
cellency Edwin D. Morgan, governor of New York, enclosing a pre¬
amble and resolutions adopted by the legislature of that state.
The first resolution declares, "that the legislature of New York"
tender to the president of the United States " whatever aid in men
and money he may require to enable him to enforce the laws and
uphold the authority of the federal government." This I understand
to be a declaration of their readiness and willingness to sacrifice the
men and money of that state in the effort to coerce the slaveholding
states into submission to federal authority. The governor and legis¬
lature of New York ought to know that the sword has never recon¬
ciled differences of opinion. Military coercion can never perpetuate
the existence of this Union. When the affections of the people are
withdrawn from the government, an attempt at coercion can have no
other effect than to exasperate the people threatened to be coerced.
Bloodshed in civil strife can only enrich the soil, that must speedily
produce " a harvest of woe."
I cannot suppose, from what has occurred, that the president of
the United States would be inclined to adopt a policy which he must
see and know could not fail to result in bloodshed. I am satisfied
that prudence and patriotism would induce him to reject all counsels
and measures which would be calculated to bring about so great a
calamity. I have no idea, therefore, that he will accept the tender
which lias been so inopportunely and so ostentatiously paraded be¬
fore the country.
Nothing that has occurred in the progress of this controversy, has
been worse timed and less excusable. If the governor and legisla¬
ture of New York desire to preserve the Union, a tender of men and
money, under the promptings of passion, prejudice and excitement,
will not produce the result. At a time like this, when the horizon
is overcast with clouds, when darkness and gloom are gathering close
around us, and when we behold nothing but danger on all sides, some
little wisdom, discretion and prudence is expected from the represen¬
tatives of the people. They ought at least to refrain from adding
fuel to a flame that burns with the utmost intensity now. It would
have been far better that these resolutions had never been adopted.
In 1798 and 1799 the action of Virginia was marked by calmness,
dignity, and an earnest desire to preserve the Union, without preju¬
dice to the rights of the states. No feeling of resentment towards
the other states was manifested by those great men in that day of
peril and trial. No effort was made to produce estrangement be¬
tween the different sections of the country, or to inflame popular
prejudices. Their example is worthy of imitation, when events are
hurrying us on sp^pj$Hy»iutactile dangers of civil strife.
52
JOURNAL OF THE
Nothing but a sense of duty has induced me to transmit this pre¬
amble and resolutions to the two houses of the general assembly.
The threat which is conveyed in them can inspire no terror with
freemen.
JOHN LETCHER.
The message and resolutions were read.
On motion of Mr. Anderson,
Resolved, that the governor of Virginia return the resolutions of
the legislature of New York to the executive of that state, with the
request that no such resolutions be again sent to this general assembly.
Mr. Barbour, from the committee on state and national affairs,
moved to take up the report of that committee, submitted on Mon¬
day ; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
Mr. Newton moved to strike out the preamble of the report, and
to insert the following :
" Whereas several of the southern states have seen fit to withdraw
from this confederacy, and it is expedient that this commonwealth
should use all honorable efforts to avert the consequences which may
ensue, by a firm expression of opinion from her constituted authori¬
ties in reference to the position now occupied to their confederates
by the said states, as well as by initiating any movement which may
result in a reconstruction of the federal government upon a basis
which will secure to the slaveholding states all their constitutional
rights:
1. Be it resolved, that the federal constitution is the result of a
compact formed between sovereign parties, for the mutual promotion
of their respective interests, the principal object of its adoption being
the protection of the interests and the preservation of the liberties of
each individual state.
2. That whenever any number of states combine to use the go¬
vernment thus created, either directly or indirectly to overthrow its
institutions or destroy its liberties, the state or states thus aggrieved
have the undoubted right to withdraw from the confederacy.
3. That while different opinions may well be entertained in re¬
ference to the expediency of secession upon the part of those states
which have withdrawn from the Union—the frequent grave and de¬
liberate violations of the federal constitution by the northern mem¬
bers of the confederacy give each of those states the right to exer¬
cise its own judgment in reference to such action as the honor and
safety of its people may require.
4. That in the present alarming condition of affairs it is dangerous
delusion to suppose that the interests of Virginia are not thoroughly
identified with those of her southern sisters, and that any intimation
from any source that her people are looking to any other combination
in the last resort than a union with them, is calculated to weaken the
position of our friends and to strengthen the hands of our enemies."
The question being on striking out and inserting, Mr. Christian
demanded a division of the question; and upon that question Mr.
Sibert demanded the previous question ; which was sustained by the
house; and being put, was decided in the affirmative.
HOUSE OF DELEGATES.
53
On motion of Mr. Christian, the vote was recorded as follows:
Ayes—Messrs. Alderson, Arnold, Ball, Barbour, Bass, Bentley, Bisbie, Booker, Boreman,
Brown, Burks, Caperton, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dick¬
enson, Duckwall, Edgington, Edwards, Ferguson, Fleming, D. Gibson, J. Gilmer, C. H.
Gilmer, Goodycoontz, Graham, Harrison, Haymond, Hacltley, Hoffman, Holdway, Hopkins,
Huntt, Jett, Johnson, Keen, Knotts, Kyle, Leftwich, Lockridge, Lucas, Magruder, J. G.
Martin, T. Martin, W. Martin, Massie, Matthews, Maupin, McGruder, McKinney, McKenzie,
Miles, D. Miller, Montgomery, Morris, Myers, Patterson, Phelps, Porter, Preston, Pretlow,
Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Saunders, Segar, Shannon,
Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Walker, Wallace, A. Watson, Watts,
Welch, West, Wingfield, Wood and Yerby—87.
Noes—Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Bell, Boisseau, Carter,
Childs, Claiborne, Evans, Friend, Garrett, J. T. Gibson, Grattan, Hunter, C. H. Jones, W.
T. Jones, Kaufman, Kemper, Kincheloe, Lundy, Lynn, Mallory, McCamant, McDowell,
McGehee, J. R. Miller, Mong, Montague, Morgan, Newton, Robinson, Rives, Rutherfoord,
Seddon, H. Smith, Thomas, Tomlin, Tyler, Ward, E. Watson, Wilson, Witten and Wool-
folk—44.
The question being upon striking out the preamble reported by
the committee, Mr. Phelps demanded the previous question; which
was sustained by the house; and being put, was decided in the
negative.
On motion of Mr. Seddon, the vote was recorded as follows :
Ayes—Messrs. Crutchfield (speaker), Anderson, Bell, Boisseau, Carpenter, Carter, Childs,
Claiborne, Friend, Garrett, J. T. Gibson, Grattan, Hunter, C. H. Jones, W. T. Jones, Kauf¬
man, Kemper, Lundy, Lynn, Mallory, McCamant, McDowell, McGehee, Mong, Newton,
Robinson, Rives, Rutherfoord, Seddon, H. Smith, Thomas, Tomlin, Tyler, Ward, E. Watson,
Wilson, Witten and Woolfolk—38.
Noes—Messrs. Alderson, Allen, Arnold, Bailey, Ball, Barbour, Bass, Bentley, Bisbie,
Booker, Boreman, Brown, Burks, Caperton, Chapman, Christian, Coleman, Collier, Cowan,
Crane, Crump, Davis, Dickenson, Duckwall, Edgington, Edwards, Ferguson, Fleming, D.
Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Harrison, Haymond, Hackley,
Hoffman, Holdway, Hopkins, Huntt, Jett, Johnson, Keen, Knotts, Kyle, Leftwich, Lock¬
ridge, Lucas, Magruder, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, Maupin,
McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, J. R. Miller, Montague, Mont¬
gomery, Morgan, Morris, Myers, Nelson, Patterson, Phelps, Porter, Preston, Pretlow, Pritch¬
ard, Randolph, Reid, Richardson, Riddick, Robertson, Saunders, Segar, Shannon, Sherrard,
Sibert, J. K. Smith, I. N- Smith, Staples, Thompson, Walker, Wallace, A. Watson, Watts,
Welch, West, Wingfield, Wood and Yerby—95.
Mr. Seddon submitted the following amendment to the first reso¬
lution of the committee.
" Resolved, in the opinion of the general assembly, that the ulti¬
matum of the state of Virginia should be, that no reconstruction of
the union between the southern and northern states can be perma¬
nent, just and satisfactory, which will not so readjust the balances of
power in the government itself as to secure to each section a self-
protective power against any invasion by the federal Union upon the
reserved rights of either."
And the question being on agreeing thereto, Mr. McKenzie de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the negative.
On motion of Mr. Seddon, the vote was recorded as follows :
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Bell, Boisseau, Carpenter,
Carter, Childs, Claiborne, Davis, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson,
Huntt, Hunter, C. II. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Locke, Lundy,
Lynn, Mallory, T. Martin, McCamant, McDowell, McGehee, McKinney, J. K: Miller, Mong,
Montague, Montgomery, Nelson, Newton, Robinson, Rives, Rutherfoord, Seddon, H. Smith,
Thomas, Tomlin, Tyler, Ward, E. Watson, Wilson, Witten and Woolfolk—52.
Noes—Messrs. Alderson, Arnold, Ball, Barhour, Bass, Bentley, Bisbie, Booker, Boreman,
Brown, Burks, Caperton, Cassin, Christian, Coleman, Collier, Cowan, Crane, Dickenson,
54
JOURNAL OF THE
Edging-ton, Ferguson, Fleming, D. Gibson, J. Gilmer, C. H. Gilmer, Goody coon tz, Hanly,
Harrison, Hayinond, Hackley, Hoffman, Holdway, Hopkins, Jett, Johnson, Keen, Knotts,
Kyle, Leftwicli, Lockridge, Lucas, Magruder, J. G. Martin, W. Martin, Massie, Matthews,
Maupin, McGruder, McKenzie, Medley, Miles, Morgan, Morris, Myers, Patterson, Phelps,
Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Saun¬
ders, Segar, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Thompson, Walker,
Wallace, A. Watson, Watts, Welch, West, Wingfield, Wood and Yerby—83.
The question being on the adoption of the 1st resolution reported
from the committee, Mr. Keen demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative.
On motion of Mr. Boreman, the vote was recorded as follows:
Ayes—Messrs Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Barbour, Bell, Bentley, Bishie, Boisseau, Booker, Boreman, Brown, Burks, Caperton, Car¬
ter, Cassin, Chapman, Childs, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis,
Dickenson, Duckwall, Edgington, Edwards, Evans, Ferguson, Fleming, Garrett, D. Gib¬
son, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Hanly, Harrison, Haymond, Hack-
ley, Hoffman, Holdway, Hopkins, Huntt, Hunter, Jett, Johnson, Keen, Kinclieloe, Knotts,
Kyle, Leftwich, Lockridge, Lucas, Lundy, Magruder, Mallory, J. G. Martin, T. Martin, W.
Martin, Massie, Matthews, Maupin, McCamant, McGruder, McKinney, McKenzie, Miles,
J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Patterson,
Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robert¬
son, Rives, Saunders, Segar, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples,
Thomas, Thompson, Walker, Wallace, Ward, A. Watson, E. Watson, Watts, Welch, West,
Wingfield, Witten, Wood, Woolfolk and Yerby—116.
Noes—Messrs. Bass, Carpenter, Claiborne, Friend, J. T. Gibson, C. H. Jones, W. T.
Jones, Kaufman, Kemper, Locke, Lynn, McDowell, Medley, Newton, Rutherfoord, Sed-
don, H. Smith, Tomlin and Wilson—19.
The remaining resolutions reported from the committee were then
severally adopted.
Mr. Robertson submitted an amendment to the 4th resolution;
which was concurred in.
The report of the committee, as amended, is as follows:
Whereas it is the deliberate opinion of the general assembly of Virginia, that
unless the unhappy controversy, which now divides the states of this confederacy,
shall be satisfactorily adjusted, a dissolution of the Union is inevitable; and the
general assembly, representing the wishes of the people of the commonwealth, is
desirous of employing every reasonable means to avert so dire a calamity, and de¬
termined to make a final effort to restore the Union and the constitution, in the
spirit in which they were established by the fathers of the republic: Therefore,
1. Resolved, that on behalf of the commonwealth of Virginia, an invitation is
hereby extended to all such states, whether slaveholding or non-slaveholding, as
are willing to unite with Virginia in an earnest effort to adjust the present un¬
happy controversies, in the spirit in which the constitution was originally formed,
and consistently with its principles, so as to afford to the people of the slavehold¬
ing states adequate guarantees for the security of their rights, to appoint commis¬
sioners, to meet on the 4th day of February next, in the city of Washington,
similar commissioners appointed by Virginia, to consider, and if practicable agree
upon some suitable adjustment.
2. Resolved, that five commissioners be appointed by the general assembly, whose
duty it shall be to repair to the city of Washington, on the day designated in the
foregoing resolution, to meet such commissioners as may be appointed by any of
the states, in accordance with the foregoing invitation.
3. Resolved, that if said commissioners, after full and free conference, shall agree
upon any plan of adjustment requiring amendments of the federal constitution, for
the further security of the rights of the people of the slaveholding states, they be
requested to communicate the proposed amendments to congress, for the purpose
of having the same submitted by that body, according to the forms of the consti¬
tution, to the several states for ratification.
4. Resolved, that if said commissioners cannot agree on such adjustment, or if
agreeing, congress shall refuse to submit for ratification such amendments as may
HOUSE OF DELEGATES.
55
be proposed, then the commissioners of this state shall immediately communicate
the result to the executive of this commonwealth, to he by him laid before the con¬
vention of the people of Virginia and the general assembly: provided, that said
commissioners be subject at all times to the control of the general assembly, or if
in session, to that of the state convention.
5. Resolved, that copies of the foregoing resolutions be forthwith telegraphed to
the executives of the several states.
Mr. Newton submitted the following as a further amendment to
the report of the committee :
" Resolved, that in the present alarming condition of affairs, it is
a dangerous delusion to suppose that the interests of Virginia are not
thoroughly identified with those of her southern sisters, and that any
intimation that her people are looking to any other combination in
the last resort than a union with them, is calculated to weaken the
positions of our friends and to strengthen the hands of our enemies."
And the question being on agreeing thereto, Mr. Walker demanded
the previous question; which was sustained by the house; and being
put, was-decided in the negative.
On motion of Mr. Newton, the vote was recorded as follows :
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Ballard, Baskervill, Bass,
Bell, Boisseau, Carpenter, Carter, Childs, Coleman, Davis, Duckwall, Edwards, Friend,
Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Huntt, Hunter, Jett, C. H. Jones, W. T.
Jones, Kaufman, Kemper, Kinclieloe, Leftwich, Lynn, Mallory, T. Martin, McCamant,
McDowell, McGeliee, McKinney, Mong, Montague, Nelson, Newton, Robinson, Rives, Ru-
therfoord, Saunders, Seddon, H. Smith, Thomas, Tornlin, Tyler, Ward, Wilson, Witten,
Woolfolk and Yerby—55.
Noes—Messrs. Alderson, Arnold, Ball, Barbour, Bentley, Bisbie, Booker, Boreman, Brown,
Burks, Caperton, Cassin, Christian, Collier, Edgington, Ferguson, Fleming, D. Gibson,
Goodycoontz, Hanly, Harrison, Haymond, Hackley, Hoffman, Holdway, Hopkins, John¬
son, Keen, Kyle, Locke, Lockridge, Lucas, J. G. Martin, W. Martin, Massie, Matthews,
Maupin, McGruder, McKenzie, Morris, Myers, Patterson, Phelps, Porter, Preston, Pretlow,
Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Segar, Sherrard, Sibert, J. K.
Smith, Staples, Thompson, Walker, A. Watson, Watts, Welch and Wingfield—63.
Ordered, that the clerk inform the senate of the passage of the
foregoing preamble and resolutions, and request their concurrence.
On motion of Mr. Kemper, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, January 18, 1861.
Prayer by Rev. Dr. Read of the Presbyterian church.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 68. A bill to amend the 11th section of chapter 212 of the
Code.
Mr. Rutherfoord, from the same committee, to whom had been
recommitted No. 7, a bill to amend the charter of the city of Rich¬
mond, presented the same with amendments; which, on his motion,
were read a first time and ordered to be read a second time.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills:
56
JOURNAL OF THE
No. 69. A bill to establish the county of Bland out of parts of
Giles, Wythe and Tazewell.
No. 70. A bill for the voluntary enslavement of Silla Rich and
children without compensation to the state.
No. 71. A bill authorizing the trustees of the First Presbyterian
church, in Portsmouth, to execute a deed of trust on said property.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 72. A bill amending the charter of the Black lick and Plaster
bank turnpike company.
No. 73. A bill amending the charter of the Raleigh and Grayson
turnpike company.
No. 74. A bill to amend the charter of the Sir John's run turn¬
pike company.
No. 7-5. A bill to provide for the completion of the Middle fork
turnpike.
Mr. Seddon, from the committee on banks, presented the follow¬
ing bills:
No. 76. A bill to repeal sections 28, 29, 30, 31 and 32 of chapter
58 of the Code of Virginia of 1860.
No. 77. A bill for the temporary relief of the banks of this com¬
monwealth.
Which last mentioned bill was, on his motion, read a first time and
ordered to be read a second time.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing reports:
An adverse report to the petition of James A. Harris and others,
asking that James V. Thomas be released from the payment of a fine.
An adverse report to the petition of George I. Herring and others,
asking to be released from the payment of money as sureties of P.
P. Winston, late sheriff of the city of Richmond.
Mr. Haymond, from the same committee, presented the following
resolution:
Resolved, that the committee on finance be instructed to enquire
into the expediency of allowing the sureties of P. P. Winston, late
sheriff of Richmond city, longer time to pay their liability as such
sureties to this commonwealth.
Mr. Seddon, from the committee on banks, presented an adverse
report upon the resolution enquiring into the expediency of amend¬
ing the charter of the Planters Bank of Petersburg.
Mr. Seddon, from the same committee, presented the following
resolution; which, on his motion, was laid on the table :
Resolved, that it is the unanimous opinion of the committee on
banks that it is inexpedient under existing circumstances to incorpo¬
rate any new banks or branches.
On motion of Mr. Sibert,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to John J. Grandstaff, late sheriff of the county
of Shenandoah a certain sum of money erroneously paid.
HOUSE OF DELEGATES.
57
On motion of Mr. Hoffman,
Resolved, that the committee on finance consider the propriety of
refunding to the executor of Charles Holden the amount of a fine
paid by him, and paying to the said executor certain commissions.
On motion of Mr. Gibson of Jefferson,
Resolved, that the committee on claims enquire into the expe¬
diency of paying Emory Edwards for a negro man who was sen¬
tenced to be sold and transported by the county court of Jefferson
county.
Mr. Gibson of Jefferson presented the petition of Emory Edwards,
which was ordered to be referred to the committee on claims.
On motion of Mr. Booker,
Resolved, that the committee on banks enquire into the expediency
of repealing the law requiring the publication of their quarterly
statements in the city papers, leaving so much of the law in force as
requires them to be published by the banks in the towns and cities in
which they are located, and that the banks of this commonwealth be
required to make prompt quarterly returns of their condition to the
executive department.
On motion of Mr. Knotts,
Resolved, that leave be given to withdraw from the files of the
last session petitions from Gilmer and Braxton counties, praying that
a portion of the county of Braxton be attached to the county of
Gilmer, and that the same be referred to the committee of proposi¬
tions and grievances.
Mr. Knotts presented the petition of the citizens of Gilmer
county, praying that a portion of the county of Braxton be attached
to the county of Gilmer, which was ordered to be referred to the
committee of propositions and grievances.
Mr. Jett presented the proceedings of a public meeting in Rich¬
mond county, which was ordered to be referred to the committee on
state and federal affairs.
Mr. McGruder presented the remonstrance of one hundred and
forty-seven citizens of Henrico county against the proposed extension
of the corporation limits of Richmond city, which was ordered to be
referred to the committee of propositions and grievances.
On motion of Mr. Hackley,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill for the voluntary en¬
slavement of Clara a free woman of color and her children in the
county of Rappahannock.
No. 52. A bill to incorporate the Virginia boot and shoe manufac¬
turing company, was taken up on motion of Mr. Bisbie, read a second
time and ordered to be engrossed and read a third time; and being
forthwith engrossed, Mr. Bisbie moved that the bill be read a third
time this day; pending the consideration of which, on motion of Mr.
Haymond, the bill was laid upon the table.
No. 40. A bill to create an ordnance department, was taken up on
motion of Mr. Kemper, amended and read a second time and ordered
to be engrossed and read a third time; and being forthwith engrossed,
8
58
JOURNAL OF THE
two-thirds concurring, on motion of Mr. Kemper, was read a third
time and passed.
Ayes—Messrs. Cratchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Baskervill, Bass, Bassel, Bentley, Bisbie, Boissean, Booker, Burks, Carter, Chap¬
man, Childs, Christian, Claiborne, Coleman, Collier, Cowan, Crane, Davis, Dickenson,
Duckwall, Edgington, Edwards, Evans, Ferguson, Fleming, Friend, D. Gibson, J. T.
Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Ray¬
mond, Hackley, Hoffman, Holdway, Hopkins, Huntt, Hunter, James, Jett, Johnson, C. H.
Jones, W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Knotts, Kyle, Leftwich, Locke,
Lucas, Lundy, Lynn, Magruder, Mallory, J. G. Martin, T. Martin, Massie, Matthews,
Maupin, McCamant, McDowell, McGehee, McGruder, McKinney, McKenzie, Medley,
Miles, D. Miller, J. R. Miller, Mong, Montague, Montgomery, Morgan, Myers, Nelson,
Newton, Patterson, Phelps, Porter, Preston, Pretlow, Randolph, Reid, Richardson, Riddick,
Robertson, Robinson, Rives, Rutherfoord, Saunders, Seddon, Segar, Shannon, Sherrard,
Sibert, J. K. Smith, I. N. Smith, H. Smith, Staples, Thomas, Thompson, Tomlin, Tyler,
Walker, Wallace, Ward, E. Watson, Watts, Welch, West, Wilson, Wingfield, Witten,
Wood, Woolfolk and Ycrby—130.
Ordered, that Mr. Kemper carry the same to the senate, and re¬
quest their concurrence.
No. 58. A bill appropriating one million of dollars for the defence
of the commonwealth, was taken up on motion of Mr. Kemper, read
a second time and ordered to be engrossed and read a third time; and
being forthwith engrossed, was read a third time (two-thirds concur¬
ring) and passed.
Ayes—Messrs. Cratchfield (speaker), Allen, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bass, Bassel, Bentley, Bisbie, Boissean, Booker, Boreman. Burks, Carter, Chap¬
man, Childs, Claiborne, Coleman, Collier, Davis, Dickenson, Duckwall, Edwards, Evans,
Ferguson, Friend, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan,
Hanly, Haymond, Hackley, Hoffman, Holdway, Hopkins, Huntt, Hunter, James, Jett,
Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Knotts, Kyle,
Leftwich, Locke, Lucas, Lundy, Lynn, Magrader, Mallory, J. G. Martin, T. Martin, W.
Martin, Matthews, Maupin, McCamant, McDowell, McGehee, McGruder, McKinney, Miles,
D. Miller, S. R. Miller, Mong, Montague, Montgomery, Morgan, Myers, Nelson, Orgain,
Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Riddick, Robert¬
son, Robinson, Rives, Rutherfoord, Saunders, Seddon, Segar, Shannon, Sherrard, Sibert,
J. K. Smith, I. N. Smith, H. Smith, Staples, Thomas, Tomlin, Tyler, Walker, Wallace,
Ward, A. Watson, E. Watson, Watts, Welch, West, Wilson, Wingfield, Witten, Wood,
Woolfolk and Yerby—120.
Ordered, that Mr. Kemper carry the same to the senate, and re¬
quest their concurrence.
No. 44. A bill to authorize the issue of treasury notes, was taken
up on motion of Mr. Haymond, read a second time and ordered to be
engrossed and read a third time; and being forthwith engrossed, two-
thirds concurring, was read a third time and passed.
Ayes—Messrs. Cratchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Baskervill, Bass, Bassel, Bentley, Bisbie, Boisseau, Booker, Boreman, Burks,
Carter, Chapman, Childs, Claiborne, Coleman, Davis, Edgington, Edwards, Evans, Fer¬
guson, Friend, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan,
Hanly, Harrison, Haymond, Hackley, Hoffman, Holdway, Hopkins, Huntt, Hunter,
James, C. H. Jones, W. T. Jones, Kaufman, Kee, Kemper, Kincheloe, Knotts, Kyle, Left¬
wich, Locke, Lucas, Lundy, Lynn, Magruder, Mallory, W. Martin, Matthews, Maupin,
McCamant, McDowell, McGehee, McGruder, McKinney, McKenzie, Medley, Miles, D.
Miller, J. R. Miller, Mong, Montague, Montgomery, Morgan, Myers, Nelson, Newton, Pat¬
terson, Porter, Preston, Pritchard, Reid, Riddick, Robertson, Robinson, Rives, Rutherfoord,
Saunders, Seddon, Segar, Shannon, Sherrard, Sibert, I. N. Smith, Thomas, Tomlin, Wal¬
lace, Ward, A. Watson, E. Watson, Watts, Welch, West, Wilson, Wingfield, Witten,
Wood, Woolfolk and Yerby—111.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Wallace, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
59
SATURDAY, January 19, 1861.
Prayer by Rev. Dr. Read of the Presbyterian church.
Mr. Rutherfooed, from the committee for courts of justice, pre¬
sented the following bills:
No. 77. A bill for the relief of T. D. Fendall, administrator of
William Eaches deceased.
No. 78. A bill to increase the pay of the commonwealth's attor¬
ney for the circuit court of Ohio county.
No. 79. A bill to authorize the county courts to arm the militia of
their respective counties, and to provide means therefor.
Which last mentioned bill was, on his motion, read a firsthand
ordered to be read a second time.
Mr. Wingfield, from the committee of claims, presented the fol¬
lowing bills:
No. 80. A bill for the relief of Emory Edwards of Washington
county in the state of Maryland.
No. 81. A bill authorizing the payment of $147 75 to Captain
William H. Werth of company A of the 101st regiment Virginia
militia.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 82. A bill exempting from taxation the real estate of the Vir¬
ginia mechanics institute.
No. 83. A bill authorizing the payment of forfeited commissions
and damages to the executor of Charles Holden deceased, late sheriff
of the county of Harrison.
No. 84. A bill amending the 107th section of chapter 35 of the
Code of Virginia, and providing for the correction of erroneous
assessments of taxes on lands.
Which last mentioned bill was read a first, and ordered to be read
a second time.
No. 85. A bill refunding to Samuel A. McMechen and John G.
Harness, jr., a sum of money paid by them on an erroneous assess¬
ment of land.
Mr. Seddon, from the committee on banks, presented the follow¬
ing bill:
No. 86. A bill incorporating the Berkeley springs savings bank in
the town of Bath in the county of Morgan.
Mr. Wingfield, from the committee of claims, presented the fol¬
lowing report:
An adverse report to the petition of Floyd Smith, late sheriff of
Montgomery county.
Mr. Wingfield, from the same committee, presented a report,
asking that senate bill 448 of last session be referred to the commit¬
tee on finance, and that the committee of claims be discharged from
the further consideration of the subject; which was concurred in by
the house.
Also a report asking that the petition of Robert H. Gray, attorney
60
JOURNAL OF THE
for heirs of soldiers and officers of the revolutionary war, he referred
to the committee for courts of justice, aud that the committee of
claims be discharged from the further consideration of the subject;
which was concurred in by the house.
Mr. Haymond, from the committee on finance, presented a report
asking that the committee on finance be discharged from the further
consideration of the resolution enquiring into the expediency of
allowing to James Carok, administrator of Wm. F. Davis deceased,
compensation for services rendered to the 77th regiment of Virginia
militia, and that the same be referred to the committee on military
affairs ; which was concurred in by the house.
On motion of Mr. Watts,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of amending chapter 134 of the Code of
Virginia.
Mr. Graham presented the petition of Robert Rosser, &c., asking
that taxes be refunded on lands erroneously assessed; which was
ordered to be referred to the committee on finance.
On motion of Mr. Kemper,
Resolved, that the Board of public works be authorized and re¬
quested to audit the accounts of the commissioners of the armory,
and to state and report a settlement of the same to this house.
On motion of Mr. Preston,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of reporting a bill to amend
the act of the last session of the legislature, providing for the con¬
struction of the Knob turnpike from the Russell courthouse and
Saltville turnpike, via Abingdon, to the Tennessee line, so as to pro¬
vide for two companies instead of one, viz: one company, for the
construction of that part of the road north of Abingdon, and the
other for the construction of so much of the road as lies south of
Abingdon.
On motion of Mr. Kee,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill for the purpose of pre¬
venting the hunting of deer with dogs, in the county of Pendleton,
at any season in the year, with the exception of when wounded in
still hunting.
Mr. Ball presented the petition of citizens of the county of Lou¬
doun, praying that the volunteer companies of the border counties,
and especially the Loudoun guard, may be forthwith furnished with
the most improved arms and equipments now in use; which was
ordered to be referred to the committee on military affairs.
On motion of Mr. Ball,
Resolved, that the committee of claims enquire into the expedi¬
ency of allowing compensation to the officers of the Hillsborough
border guard, for service rendered during the John Brown raid.
Mr. Woolfolk presented the petition of the people of Orange
(through their committee) to the general assembly of Virginia, pray¬
ing for the passage of an act authorizing the county court of "Orange
HOUSE OF DELEGATES.
61
to borrow money to purchase arms, &c. for the defence of the county,
and to provide means therefor.
Mr. Woolfolk presented the proceedings of a meeting of the peo¬
ple of Greene county; which was ordered to be referred to the joint
committee on federal relations.
Mr. Woolfolk presented the proceedings of a meeting of the
citizens of Orange county; which was ordered to be referred to the
joint committee on federal relations.
Mr. Carpenter presented the petition of sundry citizens of Alle¬
ghany county, for the relief of Pittman Boley from a fine imposed
by the circuit court of Alleghany county, at its April term 1860 ;
which was ordered to be referred to the committee for courts of
justice.
A message was received from the senate, by Mr. Lynch, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to authorize the county courts and any incorporated city
or town to arm the militia of their respective counties, cities and
towns, and to provide means therefor, No. 19: in which they re¬
spectfully requested the concurrence of the house of delegates.
The bill was taken up, on motion of Mr. Jones of Appomattox,
and read a first and second times.
Mr. Gibson of Jefferson moved that the bill be committed to the
committee for courts of justice ; and the question being on agreeing
thereto, Mr. Bentley demanded the previous question ; which was
sustained by the house ; and being put, was decided in the negative.
Mr. Crane submitted the following amendment:
"Provided, that the general assembly shall not at any time here¬
after assume the payment of, or the refunding of any debt which
may be created by any county or corporation of this commonwealth,
under the provisions of this act."
And the question being on agreeing thereto, was put, and decided
in the negative.
Mr. Magruder submitted the following amendment:
"It shall be the duty of the colonel of ordnance to act as agent of
such counties as desire his services in the purchase of such arms as
they respectively provide for."
And the question being on agreeing thereto, was put and decided
in the negative.
Mr. Bass moved to strike out the 4th section of the bill, and in¬
sert the following:
"The said courts shall not contract any debt or liability, unless
the qualified voters of said counties or corporations shall, by a vote
of three-fifths, consent thereto; and the question being on agreeing
thereto, was put, and decided in the negative.
On motion of Mr. Bass, the vote was recorded as follows:
Ayes—Messrs. Alclerson, Bass, Boreman, Brown, Cassin, Christian, Cowan, Crane, Dick¬
enson, Edging-ton, Ferguson, Fleming, Friend, J. T. Gibson, C. H. Gilmer, Goodveoontz,
Grattau, Hanly, Harrison, Haymond, Hackley, Holdway, Huntt, Johnson, Kee, Kyle,
Mallorv, W. Martin, Massie, Matthews, Maupin, McKenzie, Miles, D. Miller, Montague,
Morris, Patterson, Porter, Preston, Pritcliard, Reid, J. K. Smith, Staples, Thompson,
Walker, Wallace, Watts and Winglield—48.
62
JOURNAL OF THE
Noes—Messrs. Crutchfield (speaker), Allen, Anderson, Arnold, Bailey, Ballard, Basker-
vill, Bassel, Bell, Bentley, Bisbie, Boisseau, Burks, Carpenter, Carter, Chapman, Childs,
Claiborne, Coleman, Collier, Crump, Davis, Duckwall, Edwards, Evans, Hopkins, Hunter,
James, Jett, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Knotts, Leftwich,
Locke, Lundy, LyrAi, Magrader, J. G. Martin, McCamant, McDowell, McGruder, McKin-
ney, Medley, J. R. Miller, Mong, Montgomery, Morgan, Nelson, Newton, Robinson, Rives,
Rutherfoord, Saunders, Seddon, Segar, Shannon, Sherrard, Sibert, I.*N. Smith, Thomas,
Tomlin, Tyler, Ward, A. Watson, Welch, West, Wilson, Willcox, Witten, Wood, Wool-
folk and Yerby—75.
The bill was then read a third time and passed.
Ordered, that the clerk inform the senate thereof.
The Speaker laid before the house communications from the pre¬
sidents of the Bank of Virginia and Farmers Bank of Virginia, and
from the cashier of the Exchange Bank of Virginia, conveying cer¬
tain information asked for by a resolution of the house; which, on
motion of Mr. Magrudee, were laid on the table and ordered to be
printed. Doc. No. 16.
On motion of Mr. Matthews,
Besolved, that the committee on finance enquire into the expe¬
diency of relieving the sureties of John E. Lewis, late sheriff' of
Greenbrier county, from the payment of damages, and granting them
further time for the payment of certain judgments against them.
On motion of Mr. Bentley,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the road law of the county
of Loudoun.
On motion of Mr. Walker,
Resolved, that the committee for courts of justice, as a temporary
relief, enquire into the expediency of reporting a bill requiring all
property sold under execution to realize two-thirds of its value.
Mr. Tyler presented the petition of Thos. L. Jones; which was
ordered to be referred to the committee for courts of justice.
Mr. Kincheloe presented the petition of Richard H. Horner, pray¬
ing reimbursement for losses sustained on account of sickness while
in the service of the state during the John Brown foray; which was
ordered to be referred to the committee of claims.
On motion of Mr. Morgan,
Resolved, that the committee on military affairs enquire into the
expediency of amending the twentieth section of chapter twenty-six
of the Code, so as to allow volunteer companies in contiguous coun¬
ties to form battalions and regiments.
On motion of Mr. Pritchard,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the charter of the Clarksburg
and Wheeling turnpike road, so as to enable said company to extend
its road, to intersect the Dunkard creek turnpike in Monongalia
county.
No. 52. An engrossed bill to incorporate the Virginia boot and
shoe manufacturing company, was taken up, on motion of Mr. Bisbie.
Mr. Magrudee submitted a ryder thereto; which was read a first
and second times, and ordered to be engrossed and read a third time.
The bill was then read a third time and passed.
house of delegates.
63
On motion of Mr. Jones of Gloucester, the vote was recorded as
follows:
Ayes—Messrs. Cratchfield (speaker), Alderson, Allen, Anderson, Bailey, Ball, Ballard,
Baskervill, Bentley, Bisbie, Boreman, Brown, Carpenter, Carter, Chapman, Christian,
Cowan, Crane, Cramp, Dickenson, Duckwall, Edging-ton, Fleming, J. 1'. Gibson, Goody-
coontz, Hanly, Hackley, Holdway, Hopkins, Hunter, James, Jett, Kaufman, Kee, Kincheloe,
Kyle, Leftwich, Locke, Lynn, Magruder, W. Martin, Massie, Matthews, Maupiu, McCa-
mant, McGruder, McKinney, D. Miller, Mong, Montgomery, Morris, Myers, Nelson, New¬
ton, Phelps, Porter, Pritchard, Reid, Richardson, Robinson, Saunders, Segar, J. K. Smith,
I. N. Smith, Staples, Thompson, Walker, Wallace, Ward, A. Watson, Welch, Willcox,
Wingfield, Witten, Wood and Yerby—74.
Noes—Messrs. Bass, Bell, Burks, Coleman, Evans, Friend, D. Gibson, C. H. Gilmer,
Grattan, Johnson, C. H. Jones, W. T. Jones, Kemper, Lundy, Mallory, J. G. Martin,
McDowell, Medley, Miles, Montague, Morgan, Rives, Rutherfoord, Seddon, Shannon", Sher-
rard, Sibert, Tomlin, Tyler, Watts, Wilson and Woolfolk—32.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Carpenter presented the petition of Edward McMahan and
other contractors on the Covington and Ohio rail road, for relief from
their present financial embarrassment in the prosecution of that work;
which was ordered to be referred to the committee on finance.
On motion of Mr. Carpenter,
Resolved, that the Board of public works furnish to this house
any information which in their judgment they may deem pertinent
to the question involved in the petition of Edward McMahan and
other contractors on the Covington and Ohio rail road.
On motion of Mr. Lucas,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the 63d section of chapter 112 of the Code
of 1860.
On motion of Mr. Friend,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill making it unlawful for negroes to own
or keep dogs in the county of Chesterfield.
On motion of Mr. Seddon,
Resolved, that the committee on finance be requested to enquire
into the expediency of reporting a bill to provide for the extension
of the time in which the sheriffs are required to pay the taxes into
the treasury of the state.
On motion of Mr. Jett,
Resolved, that the committee of schools and colleges enquire into
the expediency of allowing $ 12 78 to James F. White, for tuition
of indigent children in school district No. 1, of Richmond county.
On motion of Mr. Segar,
Resolved, that the committee on agriculture and manufactures
enquire into the expediency of repealing the twenty-first section of
chapter eighty-seven of the Code, edition of 1860, in relation to the
marking of western tobacco.
On motion of Mr. Cassin,
Resolved, that leave be granted to withdraw from the files of this
house, bill 129, and that the same be referred to the committee of
roads and internal navigation.
64
JOURNAL OF THE
On motion of Mr. Montgomery,
Kesolved, that the committee of claims enquire into the expediency
of reporting a bill to increase the allowance of Paxton Morton, late
commissioner of the revenue of Fayette county, for services rendered
the commonwealth.
No. 53. A bill to amend the 1st section of an act to prevent tres¬
passes, depredations, &c. along the borders of the Potomac and other
tide waters in the counties of Fairfax, Stafford and King George,
was taken up, on motion of Mr. Seddon, read a second time, and
ordered to be engrossed and read a third time; and being forthwith
engrossed, was, two-thirds concurring, read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 50. A bill to defray the expenses of a pedestal, setting up
and transporting the statue of Jefferson, was taken up, on motion of
Mr. Magruder, read a second time, and ordered to be engrossed and
read a third time; and being forthwith engrossed, two-thirds concur¬
ring, was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Bailey, Ball, Ballard,
Baskervill, Bass, Bassel, Bentley, Bisbie, Boreman, Brown, Burks, Caperton, Carpenter,
Carter, Cassin, Chapman, Christian, Claiborne, C'oleman, Cowan, Crane, Crump, Davis,
Duckwall, Edgington, Fleming, Friend, D. Gibson, J. T. Gibson, C. IT. Gilmer, Goody-
coontz, Graham, Grattan, Hanly, Harrison, Haymond, Haekley, Holdway, Hopkins, Hunter,
James, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Kee, Kemper, Kincheloe,
Knotts, Kyle, Leftwicli, Locke, Lucas, Lundy, Lynn, Magruder, Mallory, J. G. Martin,
W. Martin, Massie, Matthews, Maupin, McCamant, McDowell, McGrader, McKinney,
McKenzie, Miles, D. Miller, Mong,'Montague, Montgomery, 31 organ, Morris, Myers, Nel¬
son, Newton, Phelps, Porter, Reid, Richardson, Robertson, Rutherfoord, Saunders, Seddon,
Segar, Shannon, Sherrard, Sibert, J. K. Smith. I. N. Smith, Staples, Thomas, Thompson,
Tomlin, Tyler, Walker, Wallace, Ward, E. Watson, Watts, Welch, West, Wilson, Willcox,
Witten, Wood, Woolfolk and Yerby—114.
Ordered, that Mr. Magruder carry the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Johnson, who
informed the house of delegates that the senate had agreed to certain
joint resolutions communicated from the house, inviting the other
states to send commissioners to meet commissioners on the part of
Virginia, and providing for the appointment of the same, with amend¬
ments : in which they respectfully requested the concurrence of the
house of delegates.
The first and second amendments of the senate were agreed to.
The question being on agreeing' to the third amendment of the
senate, which contained the basis of adjustment submitted by the
Hon. John J. Crittenden to the senate of the United States, with
amendments thereto, Mr. Seddon demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative.
On motion of Mr. Tomlin, the vote was recorded as follows :
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Baskervill, Bass, Bassel, Bell, Bentley, Bisbie, Boreman, Brown, Burks, Caperton,
Carter, Cassin, Chapman, Childs, Christian, Coleman, Collier, Cowan, Crane, Cramp, Davis,
D ickenson, Duckwall, Edgington, Evans, Ferguson, Fleming, Friend, D. Gibson, C. H.
Gilmer,.Goodycoontz, Graham, Hanly, Harrison, Haymond, Haekley, Hoffman, Holdway,
Huntt, Hunter, James, Jett, Johnson, C. H. Jones, Kaufman, Kee, Kincheloe, Knotts, Kyle,
HOUSE OF DELEGATES.
65
Leftwich, Locke, Lundy, Lynn, Magruder, Mallory, J. G. Martin, W. Martin, Massie, Mat¬
thews, Maupin, McCamant, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller,
Montague, Montgomery, Morgan, Morris, Myers, Nelson, Newton, Phelps, Porter, Preston,
Pritchard, Reid, Richardson, Robertson, Saunders, Segar, Shannon, Sherrard, Sibcrt, J. K.
Smith, I. N. Smith, Staples, Thomas, Thompson, Tyler, Walker, Wallace, Ward, A. Watson,
Watts, Welch, West, Willcox, Wingfield, Witten, Wood, Woolfolk and Yerby—114.
Noes—Messrs. Carpenter, Claiborne, J. T. Gibson, Grattan, Hopkins, W. T. Jones,
Kemper, McDowell, J. R. Miller, Rutherfoord, Seddon, Tomlin and Wilson—13.
The remaining amendments were then concurred in.
Ordered, that Mr. Raymond inform the senate thereof.
The resolutions, as amended, are as follows:
Whereas it is the deliberate opinion of the general assembly of
Virginia, that unless the unhappy controversy, which now divides
the states of this confederacy, shall be satisfactorily adjusted, a per¬
manent dissolution of the Union is inevitable; -and the general as¬
sembly, representing the wishes of the people of the commonwealth,
is desirous of employing every reasonable means to avert so dire a
calamity, and determined to make a final effort to restore the Union
Land the constitution, in the spirit in which they were established by
\jhe fathers of the republic: Therefore,
^fiesolved, that on behalf of the commonwealth of Virginia, an in¬
vitation is hereby extended to all such states, whether slaveholding
or non-slaveholding, as are willing to unite with Virginia in an ear¬
nest effort to adjust the present unhappy controversies, in the spirit
in which the constitution was originally formed, and consistently
with its principles, so as to afford to the people of the slaveholding
states adequate guarantees for the security of their rights, to appoint
commissioners to meet on the 4th day of February next, in the city
of Washington, similar commissioners appointed by Virginia, to con¬
sider, and if practicable, agree upon some suitable adjustment.
Resolved, that Ex-president John Tyler, William C. Rives, Judge
John W. Brockenbrough, George W. Summers and James A. Seddon,
are hereby appointed commissioners, whose duty it shall be to repair
to the city of Washington, on the day designated in the foregoing
resolution, to meet such commissioners as may be apjwinted by any
of the said states, in accordance with the foregoing resolution.
Resolved, that if said commissioners, after full and free conference,
shall agree upon any plan of adjustment requiring amendments of
the federal constitution, for the further security of the rights of the
people of the slaveholding states, they be requested to communicate
the proposed amendments to congress, for the purpose of having the
same submitted by that body, according to the forms of the consti¬
tution, to the several states for ratification.
Resolved, that if said commissioners cannot agree on said adjust¬
ment, or if agreeing, congress shall refuse to submit for ratification
such amendments as may be proposed, then the commissioners of
this state shall immediately communicate the result to the executive
of this commonwealth, to be by him laid before the convention of
the people of Virginia and the general assembly: provided, that the
said commissioners be subject at all times to the control of the gene¬
ral assembly, or if in session, to that of the state convention.
Resolved, that in the opinion of the general assembly of Virginia,
9
66
JOURNAL OF THE
the propositions embraced in the resolutions presented to the senate
of the United States by the Hon. John J. Crittenden, so modified as
that the first article proposed as an amendment to the constitution of
the United States shall apply to all the territory of the United States
now held or hereafter acquired south of latitude thirty-six degrees
and thirty minutes, and provide that slavery of the African race shall
be effectually protected as property therein during the continuance
of the territorial government, and the fourth article shall secure to
the owners of slaves the right of transit with their slaves between
and through the non-slaveholding states and territories, constitute
the basis of such an adjustment of the unhappy controversy which
now divides the states of this confederacy, as would be accepted by
the people of this commonwealth.
Resolved, that Ex-president John Tyler is hereby appointed by the
concurrent vote of each branch of the general assembly, a commis¬
sioner to the president of the United States, and Judge John Robert¬
son is hereby appointed, by a like vote, a commissioner to the state
of South Carolina, and the other states that have seceded, or shall
secede, with instructions respectfully to request the president of the
United States and the authorities of such states to agree to abstain,
pending the proceedings contemplated by the action of this general
assembly, from any and all acts calculated to produce a collision of
arms between the states and the government of the United States.
Resolved, that copies of the foregoing resolutions be forthwith
telegraphed to the executives of the several states, and also to the
president of the United States, and that the governor be requested to
inform, without delay, the commissioners of their appointment by
the foregoing resolutions.
Mr. Seddon submitted the following resolutions :
Resolved by the general assembly, that in the present alarming
condition of affairs, it is a dangerous delusion to suppose that the in¬
terests of Virginia are not thoroughly identified with those of her
southern sisters; and that any impression that lier people are look¬
ing to any other combination, in the last resort, than a union with
them, is calculated to weaken the position of our friends, and
strengthen the hands of our enemies.
Resolved, that in the opinion of this general assembly, no recon¬
struction of the Union between the slaveholding and non-slaveholding
states, can be permanent, just and satisfactory, which will not secure
to each section a self-protecting power against any invasion, by the
federal Union, upon the reserved rights of either.
Mr. Magruder demanded a division of the question; and the
question being qn agreeing to the first resolution, Mr. Duckwall
demanded the previous question; which was sustained by the house;
and being put, was decided in the affirmative.
On motion of Mr. Seddon, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Arnold, Ball, Ballard, Basltervill,
Bass, Bassel, Bell, Bentley, Bisbie, Burks, Caperton, Carter, Chapman, Childs, Claiborne,
Coleman, Crump, Davis, Duckwall, Evans, Friend, J. T. Gibson, C. H. Gilmer, Graham,
Grattan, Hanly, Huntt, Hunter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kauf¬
man, Kemper, Kincheloe, Knotts, Kyle, Leftwich, Locke, Magruder, Mallory, J. G. Martin,
HOUSE OF DELEGATES.
67
W. Martin, Matthews, Maupin, McCamant, McDowell, McGruder, McKinney, Miles, J. R.
Miller, Mong, Montague, Montgomery, Morgan, Nelson, Newton, Phelps, Pritchard, Ro¬
bertson, Robinson, Rutherfoord, Saunders, Seddon, Shannon, Sherrard, J. K. Smith, I. N.
Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, A. Watson, E. Watson, Welch/
Wilson, Wood and Woolfolk—83.
Noes—Messrs. Myers, Porter, Richardson and Wingfield—4.
The question being on the adoption of the second resolution, Mr.
Seddon demanded the previous question; which was sustained by
the house ; and being put, was decided in the affirmative.
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Baskervill, Basse], Bell, Carter,
Childs, Claiborne, Crump, Davis, Duckwall, Evans, Friend, J. T. Gibson, Graham, Grattan,
Huntt, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Locke,
Mallory, McCamant, McDowell, McGruder, McKinney, J. R. Miller, Mong, Montague,
Montgomery, Morgan, Myers, Newton, Robertson, Robinson, Rutherfoord, Saunders, Sed¬
don, Shannon, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, E. Watson, Wilson, Wit-
ten and Woolfolk—55.
Noes—Messrs. Alderson, Arnold, Ball, Bentley, Bisbie, Boreman, Brown, Burks, Ca-
perton, Cowan, Dickenson, Edgington, D. Gibson, C. H. Gilmer, Goodycoontz, Hackley,
Holdway, Jett, Johnson, Knotts, Leftwich, Magruder, W. Martin, Matthews, Maupin,
McKenzie, Miles, D. Miller, Porter, Preston, Pritchard, Richardson, Sherrard, Sibert, J. K.
Smith, Walker, A. Watson, Watts, Welch, Wingfield, Wood and Yerby—42.
Ordered, that the clerk communicate the foregoing resolutions to
the senate, and request their concurrence.
On motion of Mr. Graham, the house adjourned until Monday, 12
o'clock.
MONDAY, January 21, 1861.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, Jan. 19, 1861.
The senate have adopted a joint resolution concerning the position
of Virginia in the event of the dissolution of the Union.
In which they respectfully request the concurrence of the house of
delegates.
The joint resolution was read as follows :
Resolved by the general assembly of Virginia, that if all efforts to
reconcile the unhappy differences existing between the two sections
of the country, should prove to be abortive, then, in the opinion of
the general assembly, every consideration of honor and interest de¬
mand that Virginia shall unite her destiny with the slaveholding
states of the south.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
On motion of Mr. McDowell, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Bal¬
lard, Buskervill, Bass, Bassel, Bell, Bentley, Burks, Caperton, Carpenter, Carter, Cassin,
Chapman, Childs, Christian, Claiborne, Coleman, Cowan, Cramp, Davis, Dickenson. Duck-
wall, Edwards, Evans, Ferguson, Fleming, Friend, J. T. Gibson, C. H. Gilmer, Graham,
Grattan, Hanly, Haymond, Huntt, Hunter, James, Jett, Johnson, C. H. Jones, w. T. Jones,
Kaufman, Kee, Kemper, Kincheloe, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Lynn,
Magruder, Mallory, W. Martin, Massie, Matthews, Maupin, McCamant, McDowell, Mc-
68
JOURNAL OF THE
Grader, McKinney, McKenzie, Medley, Miles, J. R. Miller, Mong, Montague, Montgomery,
Morgan, Myers, Nelson, Newton, Phelps, Preston, Pritchard, Randolph, Reid, Richardson,
Robertson, Robinson, Rutherfoord, Saunders, Shannon, Sherrard, J. K. Smith, I. N. Smith,
Staples, Thomas, Tomlin, Tyler, Walker, Wallace, Ward, A. Watson, E. Watson, Welch,
West, Wilson, Willcox, Witten, Woolfolk and Yerby—108.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a communication from the president of the conven¬
tion of the state of Alabama; which, on motion of Mr. Duckwall,
was ordered to be printed, and referred to the committee on state
and national affairs. Doc. No. 17.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills :
No. 87. A bill providing for the voluntary enslavement of Clara
and her children, by the county court of Rappahannock.
No. 88. A bill to incorporate the Virginia lumber company in the
counties of Augusta and Rockbridge.
Mr. Magruder, from the same committee, presented a report, ask¬
ing that the committee of propositions and grievances be discharged
from the further consideration of the petition of citizens of Monon¬
galia county, in regard to repeal of the license tax on bread-stuffs,
and that the same be referred to the committee on finance; which
was concurred in by the house.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 89. A bill to transfer the Cacapon and North branch turnpike
to the county court of Hampshire.
No. 90. A bill making a subscription on the part of the state to
the Roanoke valley rail road company.
No. 91. A bill to incoqaorate the Grassy lick turnpike company.
No. 92. A bill to amend the charter of the Brown's gap turnpike
company.
No. 93. A bill amending the charter of the Clarksburg and Wheel¬
ing turnpike company.
No. 94. A bill to incorporate the Elk river rail road company.
Mr. Kemper, from the committee on military affairs, presented the
following bill; which, on his motion, was read a first time, and or¬
dered to be read a second time :
No. 95. A bill to create a provisional state guard.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 9G. A bill to amend chapter 108 of the Code, concerning
births, marriages and deaths.
No. 97. A bill for the relief of the securities of Joshua H. Staats
deceased, late sheriff of the county of Jackson.
No. 98. A bill amending and re-enacting the 61st section of chap¬
ter 38 of the Code, prescribing an oath to be taken before granting
licenses.
Mr. Haymond, from the same committee, presented an adverse re¬
port to the petition of Thomas C. Bunting and others, asking to be
released from a forfeited recognizance.
Mr. Alderson presented the petition of John L. Morton and
HOUSE OF DELEGATES.
69
others, asking a change in the county line of Webster county; which
was ordered to be referred to the committee of propositions and
grievances.
Mr. McGruder presented the remonstrance of sundry citizens of
Henrico, against the proposed extension of the limits of Richmond;
which was ordered to be referred to the committee of propositions
and grievances.
Mr. Christian, for Mr. Keen, presented the petition of the coun¬
cil of the town of Danville, for authority to establish a chain gang;
which was ordered to be referred to the committee of propositions
and grievances.
On motion of Mr. Christian,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the southern express com¬
pany, with power to transport packages, &c. throughout the southern
states.
Mr. Martin of Henry submitted the following resolution :
Resolved, that this house, when it adjourns on Saturday next, will,
with the consent of the senate, adjourn to meet again on Monday the
11th day of February next; which, on his motion, was laid upon the
table.
On motion of Mr. Gibson of Hampshire,
Resolved, that the committee on banks enquire into the expediency
of amending the act of last session, authorizing the Bank of the Val¬
ley in Virginia to establish a branch in the city of Richmond.
On motion of Mr. Hanly,
Resolved, that leave be given to withdraw from the files of the
house, senate bill 277, and have the same referred to the committee
of propositions and grievances.
On motion of Mr. Kaufman,
Resolved, that the committee for courts of justice enquire into the
expediency of passing a law requiring property sold under execution
to bring three-fourths of its value.
Mr. Porter presented the petition of J. H. Cochran, late sheriff
of Hancock county; which was ordered to be referred to the com¬
mittee on finance.
On motion of Mr. Bass,
Resolved, that the committee on finance be instructed to enquire
into the expediency of providing by law that the securities of the
sheriffs and other officers of the commonwealth be released from the
payment of damages (in the case of the failure of such officers to
pay dues to the commonwealth): provided, that the balance of prin¬
cipal, interest and costs of collection have been paid by said securi¬
ties within ninety days from the time such dues fall due to the com¬
monwealth.
Mr. Witten presented the petition of Moses Davis, praying that
the sum of $G9 7G, erroneously charged on his lands, be refunded
him; which was ordered to be referred to the committee on finance.
Mr. Knotts presented the proceedings of a public meeting in Gil¬
mer county; which were read, and on his motion, referred to the
committee on state and federal affairs.
70
JOURNAL OF THE
On motion of Mr. Myers,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the act passed the 18th day of February
1856, entitled an act providing for the voluntary enslavement of the
free negroes of this commonwealth, so as to authorize the county
courts to permit such enslavement, without compensation to the
commonwealth.
On motion of Mr. Magruder,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill to amend the 36th section of chapter
38 of the new edition of the Code.
On motion of Mr. Duckwall,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing the trustees of Eastern meeting house in
the county of Morgan, to sell and convey the same.
Mr. Reid presented the petition of James Campbell and others, to
connect the Winchester and Potomac rail road with the Manassas
gap rail road; which was ordered to be referred to the committee of
roads and internal navigation.
Mr. Montgomery presented the petition of citizens of Fayette
county, asking that the compensation of Peyton Morton, commis¬
sioner of the revenue, be increased; which was ordered to be referred
to the committee on finance.
Mr. Reid presented the petition of Prof. Jno. L. Campbell, in
relation to the license tax imposed on agents for selling books;
which was ordered to be referred to the committee on finance.
Mr. Duckwall submitted the following resolutions; and the
question being on agreeing thereto, was put, and decided in the
affirmative:
The general assembly of the commonwealth of Virginia having
heard with pleasure the views presented by the honorable commis¬
sioners from the state of Alabama, upon the present condition of
national and state affairs, respectfully request the commissioners to
inform the authorities of the state of Alabama, that the general
assembly of Virginia have passed an act for the election of members
of a state convention, and to convene the same on the 13th day of
February next; and that they have also adopted joint resolutions
for the appointment of commissioners to meet commissioners from
all the states on the 4th day of February next, in the city of Wash¬
ington ; and the general assembly is not able to make any definite
response to the state of Alabama until the action of the state con¬
vention.
Resolved, that the governor communicate this resolution forthwith
to the commissioners from the state of Alabama.
Ordered, that Mr. Duckwall carry the same to the senate, and
request their concurrence.
The following bills were read a first time, and ordered to be read
a second time:
No. 51. A bill for the relief of John W. Grove of Frederick
county.
HOUSE OF DELEGATES.
71
No. 52. A bill for the relief of Angus M. Wood.
No. 53. A bill for the relief of George W. Tucker of Halifax
county.
No. 54. A bill to refund to Louisa Hunter of Alexandria county,
taxes improperly paid.
No. 55. A bill refunding to Joseph L. Russell amount of taxes
improperly paid on license.
No. 56. A bill for the relief of Henry Cooper of Frederick county.
No. 57. A bill to amend the first section of an act entitled an act
for the encouragement of certain volunteer military companies in the
city of Wheeling, passed March 27, 1858.
No. 59. A bill for the relief of Charles A. Hoge and James Mus-
grave.
No. 60. A bill for the relief of Thomas Jarvins of Fairfax county.
No. 61. A bill refunding to John W. Showalter a license tax im¬
properly charged against and paid by him.
No. 62. A bill refunding to Robert N. Wright a sum of money
paid on erroneous assessment.
No. 63. A bill refunding to the securities of William H. Blanch,
late sheriff of the county of Mecklenburg, certain damages paid by
them.
No. 64. A bill to amend and re-enact the 13th section of chapter
42 of the Code, edition of 1860, so as more effectually to regulate
the sales of real estate under executions in favor of the common¬
wealth.
No. 65. A bill for the relief of J. Dickinson Kincaid of Greenbrier.
No. 66. A bill to provide for paying to the Bank of Racine, lost
coupons for interest on the bonds of the state of Virginia.
No. 67. A bill to provide for the payment to the Richmond branch
of the Exchange Bank, of lost coupons for interest on the bonds of
the state of Virginia.
No. 68. A bill to amend the 11th section of chapter 212 of the
Code.
No. 69. A bill to establish the county of Bland out of parts of
Giles, Wythe and Tazewell.
No. 70. A bill for the voluntary enslavement of Silla Rich and
children, without compensation to the state.
No. 71. A bill authorizing the trustees of the First Presbyterian
church in Portsmouth to execute a deed of trust on said property.
No. 72. A bill amending the charter of the Black lick and Plaster
bank turnpike company.
No. 73. A bill amending the charter of the Raleigh and Grayson
turnpike company.
No. 74. A bill to amend the charter of the Sir John's run turn¬
pike company.
No. 75. A bill to provide for the completion of the Middle fork
turnpike.
No. 76. A bill to repeal sections 28, 29, 30, 31 and 32 of chapter
58 of the Code of Virginia.
No. 77*. A bill for the relief of S. D. Fendall, administrator of
William Eaches deceased.
72
JOURNAL OF THE
No. 78. A bill to increase the pay of the commonwealth's attor¬
ney for the circuit court of Ohio county.
No. 80. A bill for the relief of Emory Edwards of Washington
county in the state of Maryland.
No. 81. A bill authorizing the payment of $147 75, to Captain
Wm. H. Werth, of company A, of the 101st regiment of Virginia
militia.
No. 82. A bill exempting from taxation the real estate of the Vir¬
ginia mechanics institute.
No. 83. A bill authorizing the payment of forfeited commissions
and damages to the executor of Chas. Holden dec'd, late sheriff of
Harrison county.
No. 85. A bill refunding to Sam'l A. McMechen and John G. Har¬
ness, jr., a sum of money paid by them on an erroneous assessment
of land.
No. 86. A bill incorporating the Berkeley springs savings bank in
the town of Bath in the county of Morgan.
No. 87. A bill providing for the voluntary enslavement of Clara
and her children, of the county of Rappahannock.
No. 88. A bill to incorporate the Virginia lumber company in the
counties of Augusta and Rockbridge.
No. 89. A bill to transfer the Capon and North branch turnpike
to the county court of Hampshire.
No. 90. A bill making a subscription on the part of the state to
the Roanoke valley rail road company.
No. 91. A bill to incorporate the Grassy lick turnpike company.
No. 92. A bill to amend the charter of the Brown's gap turnpike
company.
No. 93. A bill amending the charter of the Clarksburg and Wheel¬
ing turnpike company.
No. 94. A bill to incorporate the Elk river rail road company.
No. 96. A bill to amend clnapter 108 of the Code, concerning
births, marriages and deaths.
No. 97. A bill for the relief of the securities of Joshua H. Staats
deceased, late sheriff of the county of Jackson.
No. 98. J bill amending and le—enacting the 61st section of chap¬
ter 38 of the Code, prescribing an oath to be taken before granting
licenses.
No. 1. A bill to amend the 4th section of an act incorporating the
Jefferson insurance company in the county of Albemarle, was read a
second time, and ordered to be engrossed and read a third time.
No. 2. A bill for the construction of a branch of the Central rail
road to Lexington, was taken up and read a second time, and on mo¬
tion of Mr. Haymond, laid on the table.
On motion of Mr. McKenzie, the house adjourned until to-mor¬
row, 12 o'clock.
house of delegates.
73
TUESDAY, January 22, 1861.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, Jan. 21, 1861.
The senate have passed bills entitled:
An act amending and re-enacting the 2d section of the charter of
the Mechanicsville turnpike company, passed Feb. 21st, 1817, No. 4;
and an act to provide for taking the sense of the people of Henrico
upon giving authority to the county court to raise by loan two thou¬
sand five hundred dollars for arming the county, No. 30.
And they have agreed to the resolution from the house of dele¬
gates, of response to the commissioners from Alabama.
In which bills they respectfully request the concurrence of the
house of delegates.
No. 4. A senate bill entitled an act amending and re-enacting the
2d section of the charter of the Mechanicsville turnpike company,
was read a first and second times, and referred to the committee of
roads and internal navigation.
No. 30. A senate bill entitled an act for taking the sense of the
people of Henrico upon giving authority to the county court to raise
by loan two thousand five hundred dollars for arming the county, was
read a first and second times, and on motion of Mr. McGruder, read
a third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 2. A senate bill entitled an act changing the time of holding
the terms of the circuit courts of James City and the city of Wil¬
liamsburg, and the county of Henrico, reported the same without
amendment.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing bill:
No. 99. A bill authorizing the trustees of Eastern meeting house
in the county of Morgan to sell and convey the same.
Mr. Christian, from the committee of schools and colleges, pre¬
sented an adverse report to a resolution enquiring into the expediency
of allowing to J. T. Irving a sum of money out of the literary fund.
Mr. Mag ruder, from the committee of propositions and grievances,
presented the following bills :
No. 100. A bill to incorporate the Richmond and Liverpool packet
company.
No. 101. A bill amending and re-enacting the charter of the town
of Guyandotte in the county of Cabell.
Mr. Montague, from the committee of claims, presented the fol¬
lowing bills:
No. 102. A bill for the relief of John W. Moore, late sheriff of
Jefferson county.
10
74
JOURNAL OF THE
No. 103. A bill for the relief of Richard H. Horner of Fauquier
county.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 104. A bill amending the 39th chapter of the Code, concern¬
ing taxes on bank dividends, collateral inheritances and taxes on
writs and seals.
No. 105. A bill for the relief of the securities of William Paris,
late sheriff of the county of Appomattox.
No. 106. A bill to release Oscar H. Tate from the payment of a
fine.
Mr. Bassel, from the committee on agriculture and manufactures,
presented the following bill:
No. 107. A bill to incorporate the Meadsville manufacturing com¬
pany.
Mr. Yerby, from the committee on lunatic asylums, presented the
following bill:
No. 108. A bill changing the names of the lunatic asylums.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing reports:
An adverse report to the petition of Eobert Alexander and others,
to release John Ray of a fine.
A report containing a joint resolution giving further time to the
securities of P. P. Winston, late sheriff of Richmond city, to pay
certain bonds executed by them.
Mr. Kemper, from the committee on military affairs, presented an
adverse report to a resolution in regard to allowing compensation to
certain persons for services rendered the 77th regiment of Virginia
militia.
The Speaker laid before the house a message from the governor,
enclosing resolutions adopted by the legislature of Ohio.
Mr. Baskekvill moved that the resolutions be returned to the
executive of Ohio by the governor of the commonwealth. Pending
the consideration of which, on motion of Mr. West, the whole sub¬
ject was laid on the table.
On motion of Mr. Haymond,
Resolved, that the second auditor be requested to report to this
house the amount of dividends paid by the several rail road compa¬
nies in which the state is a stockholder, during the last year, and
also the amount of interest paid upon the debts due the common¬
wealth, by each of these rail road companies, and the amount un¬
paid, and for what years.
On motion of Mr. Sibert,
Resolved, that leave be granted to withdraw from the files of the
house of last session, the petition and accompanying papers of citi¬
zens of Hardy county.
On motion of Mr. Alderson,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of reporting a bill for an appropriation on
the two and three-fifths principle, to construct a bridge across the -
Little Kanawha river in the county of Braxton.
HOtJSE OF DELEGATES.
75
On motion of Mr. Wilson,
Resolved, that the committee for courts of justice enquire into the
expediency of amending chapter 198 of the Code of Virginia, so as
more effectually to prevent the circulation of abolition and incendiary
publications.
Mr. Saunders presented certain memorials of citizens of Henrico,
asking that the corporate limits of the city of Richmond be extended;
which were ordered to be referred to the committee of propositions
and grievances.
On motion of Mr. Magruder,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill to amend the 8th section of chapter
200 of the new edition of the Code of Virginia.
Mr. McG-ruder presented the remonstrance of citizens of Henrico,
against the proposed extension of the corporation limits of Richmond
city; which was ordered to be referred to the committee of proposi¬
tions and grievances.
Mr. Bassel presented the petition of citizens of Randolph and Up¬
shur, praying an appropriation for the construction of a road on state
account; which was ordered to be referred to the committee of roads
and internal navigation.
Mr. McKenzie presented the petition of 131 citizens of Alexan¬
dria, in favor of repealing that portion of the tax law which makes
vessels retailing wood take out a license; which was ordered to be
referred to the committee on finance.
On motion of Mr. Woolfolk,
Resolved, that the select committee appointed on free negroes be
instructed to enquire into the expediency of reporting a bill amend¬
ing the 3d, 7th and 8th sections of chapter 53 of the Code of Vir¬
ginia, so as to allow any free negro over the age of 18 years (upon
the terms and conditions provided for in the 3d, 4th, 5th and 6th
sections of the same chapter), who may wish to promote his or her
position in society, and happiness, by becoming a slave, to choose his
or her master, without requiring the person thus chosen to pay, as
now required by the 7th section, one-half, or any portion of the
valuation of the said negro: and with a view of encouraging the
degraded race to select a better and happier condition, that the said
bill shall provide that no negro thus becoming a slave shall be sold
for any present or future debts of the person thus chosen, for a period
of not less than twenty years after he or she becomes a slave.
No. 1. An engrossed bill to amend the 4th section of an act incor¬
porating the Jefferson insurance company of Albemarle, was read a
third time and passed.
Ordered, that the clerk inform the senate thereof.
The following bills were read a second time, and ordered to be
engrossed and read a third time:
No. 3. A bill to change the eastern terminus of the Slavin's cabin
and Summersville turnpike.
No. 5. A bill to amend the charter of the Winchester and Poto¬
mac rail road company.
76
JOURNAL OF THE
No. 8. A bill to incorporate the Montgomery female college.
No. 10. A bill fixing the mode of settlement with the sheriff of
the county of Jefferson.
No. 11. A bill refunding to Benjamin and Isaac Deford a certain
sum of money paid on an erroneous assessment.
The following bills were read a second time, and on motions seve¬
rally made, laid on the table :
No. 4. A bill making an appropriation for improving the Wilder¬
ness road in Greenbrier and Nicholas counties.
No. 7. A bill to amend the charter of the city of Richmond.
No. 9. A bill amending and re-enacting the 8th section of an act
entitled an act imposing taxes for the support of government, passed
March 31, 1860.
No. 13. A bill to amend an act passed April 6, 18-58, entitled an
act to amend and re-enact an act entitled an act for regulating foreign
life insurance companies within this commonwealth, passed March 6,
1856.
No. 14. A bill to amend an act passed March 30, 1860, entitled
an act making regulations concerning licenses.
No. 83. A bill authorizing the payment of forfeited commissions
and damages to the executor of Charles Holden, late sheriff of the
county of Harrison, was taken up, on motion of Mr. Haymond, read
a second time, and ordered to be engrossed and read a third time;
and being forthwith engrossed, two-thirds concurring, was read a
third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Bailey, Ball, Ballard,
Baskervill, Bass, Bassel, Bell, Bisbie, Booker, Boreman, Brown, Burks, Carpenter, Carter,
Chapman, Coleman, Cowan, Crane, Crump, Davis, Duckwall, Edgington, Edwards,
Evans, Ferguson, Fleming, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley, Hoffman, Holdway,
Huntt, Hunter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kee,
Kemper, Kinclieloe, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Lynn, Magruder,
W. Martin, Massie, Matthews, Maupin, McCamant, McDowell, McGruder, McKinney,
McKenzie, Medley, Miles, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson,
Orgain, Patterson, Phelps, Porter, Preston, Pritcbard, Randolph, Reid, Richardson, Rid-
dick, Robertson, Robinson, Rives, Rutherfoord, Saunders, Shannon, Sibert, J. Iv. Smith, I.
N. Smith, Staples, Thomas, Tornlin, Tyler, Walker, Ward, A. Watson, E. Watson, Watts,
Welch, West, Willcox, Wingfield, Witten and Yerby—106.
No—Mr. Wilson—1.
Ordered, that Mr. Haymond carry the same to the senate, and
request their concurrence.
No. 12. A bill to amend the 25th section of an act entitled an
act imposing taxes for the support of government, passed March 31,
1860, was read a second time, and ordered to be engrossed and read
a third time; and being forthwith engrossed, two-thirds concurring,
was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Basker¬
vill, Bass, Bassel, Bell, Bisbie, Booker, Boreman, Brown, Carpenter, Carter, Chapman,
Childs, Christian, Claiborne, Coleman, Crump, Dickenson, Duckwall, Edgiugton, Evans,
Fleming, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham,
Grattan, Hanly, Haymoiid, Hackley, Holdway, Huntt, Hunter, James, Jett, Johnson, W.
T. Jones, Kaufman, Keen, Kee, Kemper, Kincheloe, Kyle, Leftwich, Locke, Lockridge,
Lucas, Lynn, J. G. Martin, W. Martin, Massie, Matthews, Maupin, McCamant, McDowell,
McGruder, McKinney, McKenzie, Medley, Miles, J. R. Miller, Montague, Montgomery,
Morgan, Morris, Myers, Nelson, Orgain, Patterson, Porter, Pritcbard, Randolph, Richard-
HOUSE OF DELEGATES.
77
son, Riddick, Robinson, Rives, Rutherfoord, Saunders, Segar, Shannon, Sibert, J. K. Smith,
I. N. Smith, Staples, Thomas, Tomlin, Tyler, Ward, A. Watson, E. Watson, Watts, Welch,
West, Wilson, Willcox, Wingfield, Witten and Yerby—106.
On motion of Mr. Miller of Shenandoah, the house adjourned
until to-morrow, 12 o'clock.
WEDNESDAY, January 23, 1861.
Prayer by Rev. Mr. Willis of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 22, 1861.
The senate have passed bills entitled:
An act for the relief of Benjamin and Isaac Deford of Morgan
county, No. 7.
An act changing the time of holding the terms of the circuit courts
of the counties of Hardy and Page, No. 9.
An act for the relief of Hugh Crolly and Patrick McCune, No. 10.
An act amending and re-enacting the act entitled an act to incor¬
porate the Jackson orphan asylum of Norfolk, passed February 26th,
1856, No. 12.
An act to amend an act passed January 3d, 1860, entitled an act
to incorporate the Virginia life insurance company, No. 13.
An act to incorporate the Merchants savings bank of Richmond,
No. 14.
An act for the relief of Robert Y. Overby of the county of Meck¬
lenburg, on account of taxes improperly paid, No. 16.
An act for the relief of John W. G. Smith of Rockingham county,
No. 17.
An act authorizing .the Board of public works to confirm the sale
of the Marysville plank road to the county of Charlotte, No. 24.
An act for the relief of Patrick H. Scott of Halifax county, No. 25.
An act to incorporate the Virginia arms manufacturing company,
No. 28.
An act allowing the Northwestern Bank of Virginia and any of its
branches to establish an agency in the city of Richmond for the re¬
demption of its circulating notes, No. 31.
In which they request the concurrence of the house of delegates.
No. 7. A senate bill entitled an act for the relief of Benjamin and
Isaac Deford of Morgan county, was read a first and second times,
and on motion of Mr. Duckwall, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bass, Bassel, Bell, Bisbie, Boisseau, Booker, Boreman, Brown, Burks, Carter,
Cassin, Childs, Christian, Claiborne, Coleman, Collier, Cowan, Crane, Crump, Davis, Dick¬
enson, Duckwall, Edgington, Edwards, Evans, Ferguson, Fleming, Friend, Garrett, D.
Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly,
Harrison, Haymond, Hackley, Hold way, Hopkins, Huntt, Hunter, James, Jett, W. T.
Jones, Kaufman, Keen, Kee, Kincbeloe, Knotts, Kyle, Leftwick, Locke, Lucas, Magruder,
Mallory, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, Maupin, McCamant,
i 8
JOURNAL OF THE
McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, Mong, Montague, Montgo¬
mery, Morgan, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Porter, Pret-
low, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Robinson, Rives, Ruther-
foord, Segar, Shannon, Sherrard, Sibert, J. K. Smith, Staples, Thompson, Tomlin, Tyler,
Walker, Wallace, Ward, A. Watson, E. Watson, Watts, Welch, West, Wilson, Willcox,
Wingfield and Woolfolk—122.
Ordered, that the clerk inform the senate thereof.
No. 9. A senate bill entitled an act changing the time of holding
the terms of the circuit courts of the counties of Hardy and Page,
was read a first and second times, amended on motion of Mr. Cassin,
and as amended read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
' No. 10. A senate bill entitled an act for the relief of Hugh Crolly
and Patrick McCune, was read a first and second times, and on mo¬
tion of Mr. Phelps, read a third time and passed.
No. 12. A senate bill entitled an act amending and re-enacting the
act entitled an act to incorporate the Jackson orphan asylum of
Norfolk, passed February 26th, 1856, was read a first and second
times, and on motion of Mr. Bisbie, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 13. A senate bill entitled an act to amend an act passed Janu¬
ary 3, 1860, entitled an act to incorporate the Virginia life insurance
company, was read a first and second times, and ordered to be referred
to the committee of propositions and grievances.
No. 14. A senate bill entitled an act to incorporate the Merchants
savings bank of Richmond, was read a first and second times and or¬
dered to be referred to the committee on banks.
No. 16. A senate bill entitled an act for the relief of Robert Y.
Overby of the county of Mecklenburg, on account of taxes impro¬
perly paid, was read a first and second times, and ordered to be re¬
ferred to the committee on finance.
No. 17. A senate bill entitled an act for the relief of John W. G-.
Smith of Rockingham county, was read a first and second times, and
ordered to be referred to the committee on finance.
No. 24. A senate bill entitled an act authorizing the Board of
public works to confirm the sale of the Marysville plank road to the
county of Charlotte, was read a first and second times, and ordered
to be referred to the committee of roads and internal navigation.
No. 25. A senate bill entitled an act for the relief of Patrick H.
Scott of Halifax county, was read a first and second times, and on
motion of Mr. Claiborne, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Basker-
vill, Bass, Bassel, Bell, Bisbie, Boisseau, Booker, Brown, Carpenter, Carter, Cassin, Chap¬
man, Childs, Christian, Claiborne, Coleman, Collier, Cowan, Crane, Crump, Davis, Duck-
wall, Edgington, Edwards, Evans, Ferguson, Fleming, Friend, Garrett, D. Gibson, J.
T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison,
Haymond, Holdway, Hopkins, Huntt, Hunter, James, Jett, Johnson, C. H. Jones, W. T.
Jones, Kaufman, Keen, Kec, Kincheloe, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas,
Lynn, Magruder, Mallory, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, Maupin,
McCamant, McDowell, McGruder, McKinney, McKenzie, Medley, D. Miller, Mong, Monta¬
gue, Montgomery, Morgan, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Por¬
ter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robinson, Rives,
Rutherfoord, Saunders, Segar, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples,
Thomas, Thompson, Tomlin, Tyler, Walker, Wallace, Ward, A. Watson, Watts, Welch,
West, Wilson, Willcox, Wingfield, Witten, Woolfolk and Yerby—117.
HOUSE OF DELEGATES.
n
No. 28. A senate bill entitled an act to incorporate the Virginia
arms manufacturing company, was read a first and second times, and
on motion of Mr. Bisbie, read a third time and passed.
No. 31. A senate bill entitled an act allowing the Northwestern
Bank of Virginia and any of its branches to establish an agency in
the city of Richmond for the redemption of its circulating notes, was
read a first and second times, and on motion of Mr. Witten, read a
third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Rutherfpord, from the committee for courts of justice, pre¬
sented the following reports:
An adverse report as to the expediency of amending the 18th
section of chapter 157 of the Code.
An adverse report to the petition of R. H. Gray, attorney for the
heirs of the officers and soldiers of the revolutionary war.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill:
No. 109. A bill to incorporate the Patrick springs female seminary.
Mr. Magruder, from the committee of propositions and grievances*,
presented the following bills :
No. 110. A bill to incorporate the Southern express company.
No. 111. A bill incorporating the insurance company of Lexington.
No. 112. A bill amending the 1st section of the act forming the
county of Webster.
No. 113. A bill constituting a part of the Ohio river a lawful fence.
Mr. Gibson, from the committee on banks, presented the follow¬
ing bills:
No. 114. A bill to amend the charter of the Bank of Scottsville.
No. 115. A bill to amend the charter of the Bank of Howardsville.
No. 116. A bill to amend the charter of the Bank of Richmond.
Mr. Carpenter presented the petition of Charles McCormick to
have a fine refunded, imposed by the county court of Alleghany
county; which was ordered to be referred to the committee for
courts of justice.
On motion of Mr. Watts,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to Richard Cox and David Griffith a sum of
money erroneously assessed against him.
On motion of Mr. Carpenter,
Resolved, that the committee of roads and internal navigation
enquire into the expediency of amending the 14th section of chapter
61 of the Code of Virginia.
On motion of Mr. Evans,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of repealing or amending the 8th and 9th
sections of chapter 101 of the Code of Virginia, 1860, restricting
the catching of fish in certain rivers and bays.
On motion of Mr. Cowan,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill legalizing a conveyance from Andrew.
Oliphant, guardian, &c. to David Simpson.
80
JOURNAL OF THE
On motion of Mr. Jones of Gloucester,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of amending or repealing
the 21st section of chapter 101 of the new edition of the Code of
Virginia.
On motion of Mr. Ward,
Resolved, that the committee of claims enquire into the expedi¬
ency of authorizing the payment of an account of James W. Jones,
jailor of Frederick county, against the commonwealth, for expenses
incurred for the maintenance of Lewis Pritchard, a lunatic.
On motion of Mr. Witten,
Resolved, that the committee on finance enquire into the expedi¬
ency of providing for the payment of $162 70 to Witten Cecil and
Thos. G. Perry, for land damages assessed by a jury of Tazewell
county.
Mr. Bisbie submitted the following preamble and resolutions ;
which, on motion of Mr. Haymond, were laid on the table :
Whereas the general assembly of Virginia has learned with great
satisfaction, interest and solicitude, that M. Periere and Brothers,
bankers, of Paris, France, have in contemplation the establishment
of a line of first class steamers between Paris, France, and some port
in the United States: and whereas the government of France has
agreed to subsidize the proposed line by the sum of nine hundred
thousand dollars per annum, thereby manifesting its interest in the
success of the same: and whereas the commercial independence and
proper development of the resources of Virginia, and of her sister
southern states, especially North Carolina, Tennessee, Mississippi,
Kentucky and Maryland, who have, at the cost of millions, perfected
systems of railway and canal connecting those states, the valley of
the Ohio, and the Mississippi, with the Chesapeake, are materially
dependent upon direct trade : Therefore,
1. Resolved, as the sense of the general assembly of Virginia,
that it is the duty of this state, as we believe that it will like¬
wise appear to be the duty of our sister states herein before referred
to, to welcome and encourage M. Periere and Brothers with their
proposed line of steamers to the waters of Virginia.
2. That it behooves internal improvement companies and cities of
Virginia to employ their best efforts jointly in securing the line of
steamers at Norfolk, or some other terminal point in the waters of
the Chesapeake.
3. That these resolutions shall be sent to the respective legislatures
of North Carolina, Tennessee, Kentucky, Mississippi and Maryland,
asking their respectful consideration of the same; and also to the
house of M. Periere and Brothers, bankers, Paris, France.
Mr. Keen submitted the following resolution; which, on his mo¬
tion, was laid on the table:
Resolved, that the committee for courts of justice be instructed to
report a bill for a stay law.
On motion of Mr. Hopkins, the house adjourned until to-morrow,
12 o'clock.
HOtJSE OF DELEGATES.
THURSDAY, January 24, 1861.
Prayer by Rev. Dr. Jeter of the Baptist church.
Mr. Christian, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 117. A bill to authorize the South side rail road company to'
build a branch road from Black's and White's in the county of Not¬
toway, into the county of Mecklenburg.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bill:
- No. 118. A bill imposing taxes for the support of government.
Mr. Robertson, from a special committee, presented the following
bill; which, on his motion, was read a first time, and ordered to be
read a second time :
No. 119. A bill making an appropriation for the removal to Vir¬
ginia of the remains of General Harry Lee.
No. 7. A bill to amend the charter of the city of Richmond, was
taken up and amended.
Mr. McGruder submitted an amendment. Pending the considera¬
tion of which, the bill and amendment were laid on the table.
A message was received from the senate, by Mr. August, who in¬
formed the house of delegates that the senate had passed house bills
entitled an act to create an ordnance department, No. 40; an act to
incorporate the Virginia boot and shoe company, No. 52 ; and an act
appropriating one million of dollars for the defence of the common¬
wealth, No. 58, with amendments : in which amendments they respect¬
fully requested the concurrence of the house of delegates.
Mr. Wallace presented the petition. of the citizens of Morgan-
town, asking the passage of an act incorporating a savings bank in
the town of Morgantown; which was ordered to be referred to the
committee on banks.
On motion of Mr. Christian,
Resolved, that so much of the governor's message as relates to the
land office, be referred to the committee on finance, to report such
legislation thereon as may seem expedient.
Mr. Magruder submitted the following preamble and resolutions;
which on motion of Mr. Christian, were referred to a select com¬
mittee :
Whereas the commissioners of the Board of public works are re¬
quired to hold their meetings in the room of the capitol adjoining
the office of the second auditor: And whereas, in consequence of
the accumulation of papers, the said room is represented to be insuf¬
ficient to contain the same, in a form properly labelled and accessi¬
ble for convenient reference thereto :
Be it therefore resolved by the general assembly, that the said
commissioners may occupy and use as part of their office, the room
now occupied by the auditor of public accounts, south of and ad¬
joining their present office; and to accomplish the purposes hereby
authorized, with as little inconvenience as possible, the governor of
11
82
journal op the
this commonwealth is hereby required to assign such other room or
rooms in the capitol to the auditor of public accounts, and to have
them properly arranged, as he may deem expedient, or the wants of
the public service may require.
... On motion of Mr. Duck wall,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the charter of the town of Bath in the
county of Morgan, as to give one or more of the officers of said town
the powers of a justice of the peace.
No. 77. A bill for the temporary relief of the banks of this com¬
monwealth, was taken up, on motion of Mr. Gibson of Hampshire,
amended on motions of Messrs. Raymond and Kyle, and as amended,
read a second time, and ordered to be engrossed and read a third
time.
Mr. Keen moved to take up the resolution heretofore submitted
by him, in reference to a stay law. Pending the consideration of
which,
On motion of Mr. Carpenter, the house adjourned until to¬
morrow, 12 o'clock.
FRIDAY, January 25, 1861.
Prayer by Rev. Mr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 24, 1861.
The senate have agreed to the amendments proposed by the house
of delegates to senate bill entitled:
An act changing the time of holding the terms of the circuit
courts of the counties of Hardy and Page, No. 9.
And have passed a bill entitled:
An act for the relief of Thomas Javins of Fairfax county, No. 8.
In which they respectfully request the concurrence of the house
of delegates.
No. 40. An engrossed bill entitled an act to create an ordnance
department, with the amendments thereto proposed by the senate,
was taken up.
The amendments were agreed to.
No. 52. An engrossed bill entitled an act to incorporate the Vir¬
ginia boot and shoe manufacturing company, with the amendments
proposed by the senate, was taken up.
The amendments were agreed to.
Ordered, that the clerk inform the senate thereof.
No. 58. An engrossed bill entitled an act appropriating one million
of dollars for the defence of the commonwealth, with the amend¬
ments thereto proposed by the senate, was, on motion of Mr. Ray¬
mond, laid on the table.
HOtTSE OP DELEGATES.
88
No. 8. A senate bill entitled an act for the relief of Thomas Ja-
vins of Fairfax county, was read a first and second times, and on mo¬
tion of Mr. Huntt, read a third time and passed.
Ayes—Messrs. Cratchfielcl (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Baskcrvill, Bass, Bassel, Bell, Bisbie, Boisseau, Booker, Boreman, Brown, Burks,
Carpenter, Cassin, Chapman, Childs, Christian, Claiborne, Collier, Crump, Davis, Dicken¬
son, Duckwall, Edging-ton, Edwards, Evans, Ferguson, Friend, Garrett, D. Gibson, J. T.
Gibson, J. Gilmer, C. II. Gilmer, Goodycoontz, Graham, Ilanly, Harrison, Haymond, Hack-
ley, Holdway, Hopkins, Huntt, Hunter, Jett, Johnson, W. T. Jones, Kaufman, Keen, Ivin-
cheloe, Knotts, Kyle, Leftvvich, Locke, Lockridge, Lucas, Lundy, Magruder, T. Martin,
W. Martin, Matthews, Maupin, McCamant, McDowell, McGruder, McKinney, McKenzie,
Medley, Miles, D. Miller, J. K. Miller, Mong, Montague, Montgomery, Morgan, Morris,
Myers, Nelson, Orgain, Patterson, Phelps, Porter, Preston, Randolph, Eeid, Richardson,
Riddick, Robinson, Rives, Rutkerfoord, Saunders, Segar, Shannon, Sherrard, Sibert, J. K.
Smith, I. N. Smith, H. Smith, Staples, Thompson, Tomlin, Walker, Ward, A. Watson, E.
Watson, Watts, Welch, West, Wilson, Willcox, Wingfield, Witten, Wood, Woolfolk and
Yerby—110.
The Speaker announced the following committee, under the reso¬
lution of the house adopted on yesterday, in reference to the re¬
arrangement of the offices in the capitol :
Messrs. Magruder, Christian, Segar, Tomlin, Anderson, Thomas!,
Claiborne, Edgington, Watson of Accomack, Boreman, Edwards,
Crane and Preston.
On motion of Mr. Christian,
Resolved, that so much of the governor's message as relates to the
public buildings and grounds, be referred to the select committee on
the capitol building.
Mr. Rutiierfoord, from the committee for courts of justice, pre¬
sented the following bills:
No. 120. A bill authorizing the justices of the county court of
Chesterfield to impose a tax on dogs.
No. 121. A bill amending the charter of the town of Bath in the
county of Morgan.
Mr. Rutiierfoord, from the same committee, presented an adverse
report to the resolution enquiring into the expediency of a stay law;
which, on his motion, was laid on the table, and made the special or¬
der of the day for Wednesday next at 1 o'clock.
Mr. Magruder, from the committee of propositions and grievances,
presented the. following bills :
No. 122. A bill to amend an act passed January 3d, I860, en¬
titled an act to incorporate the Virginia life insurance company.
No. 123. A bill amending certain acts concerning the town of
Port Royal in the county of Caroline.
No. 124. A bill authorizing the county courts to establish water
courses lawful fences within their respective limits.
Mr. Haymond, from the committee on finance, to whom had been
referred
No. 17. A senate bill for the relief of John W. G. Smith of Rock¬
ingham county, reported the same without amendment.
Mr. Haymond, from the same committee, to whom had been re¬
ferred !
No. 10. A senate bill entitled an act for the relief of Robert Y.
Overby of Mecklenburg, on account of taxes improperly paid, re¬
ported the same with amendments.
JOURNAL OF THE
The amendments were concurred in.
On motion of Mr. Claiborne, the hill was read a third time and
passed.
, Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Baskervill, Bass, Basse!, Bell, Bisbie, Boisseau, Booker, Boreman, Brown, Burks,
Carpenter, Chapman, Childs, Christian, Claiborne, Collier, Crane, Crump, Davis, Dicken¬
son, Duckwall, Edgington, Edwards, Evans, Ferguson, Fleming, D. Gibson, J. T. Gibson,
J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hardy, Haymond, Hackley, Hold-
way, Hopkins, Huntt, Hunter, Jett, Johnson, W. T. Jones, Kaufman, Keen, Kincheloe,
,Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, T. Martin, W.
Martin, Matthews, Maupin, McCamant, McDowell, McGruder, McKinney, McKenzie, Med¬
ley, Miles, D. Miller, J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers,
.Nelson, Newton, Orgain, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph,
Reid, Richardson, Riddick, Robertson, Robinson, Rives, Rutherfoord, Saunders, Shannon,
Sherrard, Sibcrt, J. K. Smith, H. Smith, Staples, Thomas, Thompson, Tomlin, Walker,
Ward, A. Watson, E. Watson, Watts, Welch, West, Wilson, Willcox, Wingfield, Witten,
Wood, Woolfolk and Yerby—113.
Ordered, that Mr. Baskervill carry the same to the senate, and
request their concurrence.
Mr. Haymond, from the same committee, presented the following
bills:
, No. 125. A hill refunding to Thomas J. Garden an amount of
money paid on an erroneous assessment.
No. 126. A bill authorizing the payment of certain sums of money
to William Osborne and Richard Matthews.
No. 127. A hill authorizing the payment to Scott &• Adams of a
sum of money for work done on the Southwestern turnpike.
No. 128. A bill for the relief of the securities of Hugh L. Pur-
kens, late sheriff of Pleasants county.
Mr. Gibson of Hampshire, from the committee on hanks, to whom
had been referred
No. 14. A senate bill entitled an act to incorporate the Merchants
savings bank of Richmond, reported the same without amendment*
Mr. Gibson of Hampshire, from the same committee, presented
the following bills:
No. 129. A bill amending the 2d section of an act authorizing the
Bank of the Valley in Virginia to establish a branch in the city of
Richmond.
No. 130. A bill to incorporate the Monongalia savings bank in the
county of Monongalia.
No. 131. A bill to extend the charter of the Bank of Virginia.
No.. 132. A bill to extend the charter of the Farmers Bank of
Virginia.
No., 133. A bill to extend the charter of the Bank of the Valley
in Virginia.
No. 134. A bill to extend the charter of the Exchange Bank of
Virginia.
No. 135. A bill to extend the charter of the Northwestern Bank
of Virginia.
No. 136. A bill to extend the charter of the Merchants and Me¬
chanics Bank of Wheeling.
Mr. Gibson, from the same committee, presented an adverse report
to the resolution enquiring into the expediency of amending the char¬
ter of the Monongalia Bank of Morgantown.
HOUSE OP DELEGATES.
85
An adverse report to the resolution enquiring into the expediency
of establishing an independent bank in the city of Portsmouth.
Mr. Haymond presented the petition of Thomas Houghs, asking
for relief from an alleged erroneous assessment; which was ordered
to be referred to the committee on finance.
Mr. Haymond presented the petition of M. W. Selby, asking to
have refunded to him $ 65 ; which was referred to the committee on
finance.
Mr. Mono presented the petition of A. S. Chambers and ninety-
eight other citizens of Martinsburg, praying an amendment to their
town charter; which was ordered to be referred to the committee of
propositions and grievances.
On motion of Mr. Duckwall,
Resolved, that so much of the governor's message as refers to the
subject of condemned slaves, and the manner of assessing the value
thereof, be referred to the committee for courts of justice.
On motion of Mr. Watson of Accomack,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the forty-fifth section of chapter one hundred
and ninety-two of the Code of Virginia.
On motion of Mr. Bisbie,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of amending and re-enacting the act incor¬
porating the Virginia car spring company, passed March 19, 1S60.
No. 77. An engrossed bill for the temporary relief of the banks
of this commonwealth, was taken up, on motion of Mr. Gibson of
Hampshire.
Mr. McKenzie submitted a ryder thereto.
Mr. Wilson moved to lay the bill and ryder on the table. Pend¬
ing the consideration of which motion,
On motion of Mr. Walker, the house adjourned until to-morrow,
12 o'clock.
SATURDAY, January 26, 1861.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, Jan. 25, 1861.
The senate have passed house bill entitled:
An act authorizing the payment of forfeited commissions and da¬
mages to the executor of Charles Holden dec'd, late sheriff of the
county of Harrison, No. 8-3.
And they have passed bills entitled:
An act for the relief of Charity Casey, No. 20.
An act authorizing the Norfolk and Petersburg rail road company
to construct a branch of their road to some point on the North Caro¬
lina line, and to increase its capital stock, No. 22.
86
JOURNAL OF THE
In which they request the concurrence of the house of delegates.
No. 20. A senate bill entitled an act for the relief of Charity
Casey, was read a first and second times, and on motion of Mr.
McKenzie, read a third time and passed.
No. 22. A senate bill authorizing the Norfolk and Petersburg rail
road company to construct a branch of their road to some point on
the North Carolina line, and to increase its capital stock, was read a
first and second times, and on motion of Mr. Rlddick, read a third
time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Montague, from the committee of claims, presented the fol¬
lowing bill:
No. 137. A bill authorizing the Board of public works to appoint
commissioners to estimate and report upon losses sustained by John
Conaway in the construction of the Fairmont and Wheeling turn¬
pike road.
Mr. Jones, from the committee on military affairs, presented an
adverse report in relation to permitting volunteer companies to pur¬
chase arms.
Mr. Bisbie, from the committee of agriculture and manufactures}
presented the following bills :
No. 139. A bill to amend the charter of the Virginia car spring
company.
No. 140. A bill incorporating the Piedmont land and improvement
company.
Mr. Chapman presented the petition of sundry citizens of the
counties of Monroe, Giles and Craig, praying the passage of an act
incorporating a company to construct a turnpike road from Newport
in the county of Giles to the Gap mills in the county of Monroe ;
which was ordered to be referred to the committee of roads and
internal navigation.
On motion of Mr. Evans,
Resolved, that the committee of claims enquire into the expe¬
diency of reporting a bill for the relief of William Winder of Mat¬
thews county.
Mr. ShePvRARd presented the petition of William A. Thrasher,
Robert Powell, James Sheave and William Dunlap; which was
ordered to be referred to committee for courts of justice.
Mr. Leftwicii presented the petition of the securities of Robert
O. Doss, late sheriff of the county of Campbell; which was ordered
to be referred to the committee on finance.
On motion of Mr. McKenzie,
Resolved, that the special committee to whom is referred the pro¬
priety of assigning other apartments to the Board of public works,
be instructed to enquire into the expediency of painting the capitol.
The house resumed the consideration of
No. 77. An engrossed bill for the temporary relief of the banks of
the commonwealth, with the ryder thereto submitted by Mr. Mc¬
Kenzie.
The question being on the motion submitted by Mr. Wilson to
HOUSE OF DELEGATES.
87
lay the hill and ryder on the table, was put, and decided in the ne¬
gative.
The ryder was read a first and second times; and the question
being Shall the ryder be engrossed and read a third time ? Mr. Si-
bebt moved that the bill and ryder be recommitted to the committee
on banks; and the question being on agreeing thereto, was put, and
decided in the negative.
On motion of Mr. Sibert, the vote was recorded as follows:
Ayes—Messrs. Bass, Booker, Carpenter, Guilds, Christian, Crane, Duckwall, Evans,
Garrett, J. Gilmer, C. H. Gilmer, Grattan, Harrison, Haekley, Huntt, Hunter, W. T. Jones,
Kincheloo, Leftwich, Luncly, Lynn, T. Martin', W. Martin, MeGehee, McGruder, McKin-
ney, Miles, Mong', Montague, Morgan, Myers, Newton, Orgain, Robertson, Rives, Kuther-
foord, Sibert, II. Smith, Staples, Thomas, Walker, Wilson, Wood and Woolfoik—44.
Noes—Messrs. Alderson, Anderson, Arnold, Bailey, Ball, Ballard, Bassel, Bisbie, Bois-
Beau, Boreman, Brown, Chapman, Collier, Crump, Davis, Dickenson, Edgington, Ferguson,
Frost, D. Gibson, J. T. Gibson, Goodycoontz, Graham, Hanly, Haymond, IJoldway, Hop^
kins, Jett, Johnson, Kaufman, Keen, Knotts, Kyle, Locke, Loekridge, Lucas, Matthews,
Maupin, McKenzie, Montgomery, Morris, Patterson, Phelps, Porter, Preston, Pretlow,
Pritchard, Eeid, Richardson, Riddick, Robinson, Segar, Shannon, Sherrard, I. N. Smith,
Thompson, Wallace, Ward, A. Watson, E. Watson, Watts, Welch, AVest, Witten and
Yerby—G5.
The question being on agreeing to the ryder submitted by Mr.
McKenzie, was put, and decided in the negative.
On motion of Mr. McKenzie, the vote was recorded as follows:
Ayes—Messrs. Alderson, Bassel, Boreman, Carpenter, D. Gibson, Haymond, Johnson,
W. T. Jones, Kincheloo, Locke, Lundy, Lynn, McKenzie, Mong, Morgan, Newton, Orgain,
Phelps, Pritchard, Robinson, Rives, Rutherfoord, H. Smith, Thomas, Ward, West and Wool-
folk—27.
Noes—Messrs. Anderson, Bailey, Ball, Ballard, Baskervill, Bass, Bisbie, Boisscau,
Booker, Brown, Chapman, Christian, Collier, Crump, Davis, Dickenson, Edwards. Evans,
Ferguson, Friend, Frost, Garrett, J. T. Gibson, J. Gilmer, C. II. Gilmer, Goodycoontz,
Graham, Hanly, Harrison, Ilackley, Iloldway, Hopkins, Huntt, Hunter, Jett, Kaufman,
Keen, Knotts, Kyle, Leftwich, Lucas, T. Martin, W. Martin, Matthews, Maupin, McGruder,
MeKinney, Miles, Montague, Montgomery, Morris, Myers, Patterson, Porter, Preston, Keid,
Richardson, Riddick, Robertson, Segar, Shannon, Sherrard, I. N. Smith, Staples, Thomp¬
son, Walker, A. Watson, E. Watson, Watts, Welch, Wilson, Witten, Wood and Yerby—73.
The ryder is as follows:
"Provided, that the banks shall not, during the suspension of specie
payments, charge and receive damages for drafts returned for non¬
payment ; nor shall they charge and receive, between Baltimore and
Virginia, during the suspension in Maryland, a greater rate of ex¬
change than one per cent."
The question recurring on the passage of the bill, Mr. Richardson
demanded the previous question ; which was sustained by the house;
and being put, was decided in the affirmative.
The title of the bill was then amended, so as to read, "An act for
the relief of the banks of this commonwealth."
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Phelps, the house adjourned until Monday, 12
o'clock.
m
JOURNAL OF THE
MONDAY, January 28, 1861.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, Jan. 26, 1861.
The senate have passed house bill entitled:
An act to defray the expenses of a pedestal, setting up and trans¬
porting the statue of Jefferson, No. 50.
And they have passed bills entitled :
An act to amend an act entitled an act incorporating the Princess
Anne savings bank, passed Feb. 27, 1860, No. 44.
An act to incorporate the Richmond city insurance company of
Richmond, No. 46.
An act to incorporate the Virginia steam sugar refining company.
No. 51.
They have agreed to the amendments proposed by the house of
delegates to senate bill entitled:
An act for the relief of Robert Y. Overby of the county of Meek*
lenburg, on account of taxes improperly paid, No. 16.
In which bills they request the concurrence of the house of delegates.
No. 44. A senate bill entitled an act to amend an act entitled an
act incorporating the Princess Anne savings bank, was read a first
and second times, and on motion of Mr. Watts, read a third time
and passed.
No. 51. A senate bill entitled an act to incorporate the Virginia
steam sugar refining company, was read a first and second tunes, and
on motion of Mr. McGruder, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 46. A senate bill entitled an act to incorporate the Richmond
city insurance compan}q was read a first and second times, and re¬
ferred to the committee of propositions and grievances.
The Speaker laid before the house a communication from the
Board of public works, in answer to a resolution of the house;
which was laid on the table and ordered to be printed. Doc. No. 18.
The Speaker laid before the house a communication from the
second auditor, in response to a resolution of the house ; which was
laid on the table and ordered to be printed. Doc. No. 19.
The Speaker laid before the house a communication from the
governor, enclosing a letter from the governor of Maryland, and also
the ordinance of secession from the state of Georgia, with certain
resolutions adopted by the convention of the state of Georgia; which
were read, and on motion of Mr. IIaymond, laid on the table and
ordered to be printed. Doc. No. 20.
The Speaker laid before the house a communication from the
governor, enclosing the semi-annual examination of the cadets of the
Virginia military institute; which was laid on the table and ordered
to be printed. Doc. No. 11.
Mr. Rutiierfoord, from the committee for courts of justice, pre-
HOUSE OF DELEGATES.
89
sented an adverse report to the resolution enquiring into the expe¬
diency of legalizing certain acts of the Potomac bridge company.
Mr. Rutherfoord, from the same committee, presented a report
asking that the committee for courts of justice be discharged from
the consideration of the petition of William Shalon, clerk of Logan
county, and that the same be referred to the committee on finance;
which was concurred in.
Mr. Kaufman, from the committee of claims, presented the fol¬
lowing bills:
No. 141. A bill to amend the charter of the town of Martinsburg.
No. 142. A bill to amend an act passed 31st March I860, entitled
an act to restrict the catching of oysters in certain months.
Mr. J ones of Gloucester, from the committee on military affairs,
presented the following bill:
No. 143. A bill amending certain laws respecting the militia of
the commonwealth, so as to render them more efficient.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 144. A bill to compensate Ephraim B. Hall for services ren¬
dered, in the circuit court of Marion county, for the commonwealth.
No. 145. A bill refunding to Benjamin Hover, executor of Daniel
Lowry deceased, of the county of Rockingham, a sum of money paid
on an erroneous assessment of land.
No. 146. A bill releasing the securities of Robert O. Doss, late
sheriff of the county of Campbell, from the payment of damages.
No. 147. A bill allowing John Staples a sum of money for services
rendered as attorney for the commonwealth in the circuit court of
Patrick county.
Mr. Haymond, from the same committee, presented an adverse re¬
port to the petition of J. H. Cochran, late sheriff of the county of
Hancock, praying for an additional compensation of two and a half
per cent.
Mr. Gibson, from the committee on banks, presented the following
bills:
No. 148. A bill to amend the charter of the Bank of Ravenswood.
No. 149. A bill to amend the charter of the Bank of Charleston.
On motion of Mr. Robertson,
Resolved, that the Speaker be requested to invite the clergy of all
the religious denominations of this city to open the sessions of this
house daily with prayer.
Mr. Robertson presented the petition of R. H. Maury and others,
asking to have refunded a sum improperly paid into the public trea¬
sury ; which was ordered to be referred to the committee on finance.
On motion of Mr. Martin of Henry,
Resolved, that the committee on finance be instructed to report a
bill providing adequate compensation to the commissioners appointed
by Virginia to the federal government and the different states.
On motion of Mr. Bisbie,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill to incorporate the American agency.
12
90
JOURNAL OF THE
On motion of Mr. Dickenson,
Resolved, that the committee on banks enquire into the expediency
of reporting a bill establishing a branch of the Farmers Bank of
Virginia, the Bank of Virginia, the Bank of the Valley, or the Bank
of the Commonwealth, at Lebanon in the county of Russell.
On motion of Mr. Duckwall,
Resolved, that so much of the report of the auditor of public ac¬
counts accompanying the governor's message, as refers to the subject
of sheriffs' bonds, be referred to the committee for courts of justice.
On motion of Mr. Cowan,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill providing for compensating the clerk of
the house of delegates and the clerk of the senate, for extra services
o /
during the present session of the general assembly.
On motion of Mr. Miller of Lee, &c.
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of passing a law providing for the valua¬
tion of property levied on under executions, by two or more free¬
holders, and that such property be required to bring at public sale,
at least two-thirds of the value so fixed.
On motion of Mr. Morris,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the first section of the act
incorporating the Glen Eastern turnpike company, so as to change
the beginning point, and extend the terminus of said road to the
Fairmont and Wheeling road.
On motion of Mr. Wood,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to Mrs. Lucy Holland of Fluvanna
a sum of money, being taxes erroneously paid by her.
Mr. Owens presented the memorial of the trustees of Lynchburg
college and of citizens of Lynchburg; which was ordered to be re¬
ferred to the committee of schools and colleges.
On motion of Mr. Lynn,
Resolved, that the committee on finance enquire into the expedi¬
ency of granting relief to the securities of Thomas R. Davis, late
sheriff of Prince William county.
On motion of Mr. Grattan,
Resolved, that the committee on military affairs enquire into the
expediency of vacating all the offices in the militia, and ordering a
a new election.
On motion of Mr. Garrett,
Resolved, that the committee on military affairs enquire into the
expediency of permitting the board of officers for the regiment of
King & Queen county to have power to increase the number of regi¬
mental, battalion or company musters.
On motion of Mr. Crump,
Resolved, that so much of the report made by the commissioners
appointed under the act of assembly of January 20, 1860, as refers
to the sale of public arms, be referred to the committee on military
affairs.
HOUSE OP DELEGATES.
91
On motion of Mr. Riddick,
Resolved, that the committee for courts of justice enquire into the
expediency of prohibiting the emancipation of slaves by will.
On motion of Mr. Myers,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing the high constable of the city of Richmond
to sell slaves and other property levied upon, distrained or ordered to
be sold under attachment, at the City hall of said city, or any other
public place in said city, upon notice thereof, to be prescribed by
law.
On motion of Mr. Knotts,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of incorporating a company to construct a
rail road from some point on the Northwestern Virginia rail road, by
way of Kanawha courthouse, to the mouth of Big Sandy.
On motion of Mr. Frost,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of reporting a bill granting the right of
way to the Baltimore and Ohio rail road company, for the extension
of their road to the mouth of Big Sandy river.
On motion of Mr. Bisbie,
Resolved, that the committee on agriculture and manufactures be
requested to enquire into the expediency of reporting a bill for the
further encouragement of independent manufactories in Virginia.
On motion of Mr. Woolfolk,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill relieving George W.
Davis from the payment of certain fines imposed on him by the cir¬
cuit court of Orange county.
On motion of Mr. Randolph,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill for the protection of
sheep in the counties of Kanawha and Fayette.
An adverse report from the committee on banks, on a resolution
enquiring into the expediency of amending the charter of the Plan¬
ters Bank of Petersburg, was taken up, on motion of Mr. Collier,
and referred to the committee of propositions and grievances.
Mr. McGruder presented the remonstrance of citizens of Henrico,
against the extension of the corporate limits of the city of Rich¬
mond ; which was ordered to be referred to the committee of propo¬
sitions and grievances.
No. 58. An engrossed bill entitled an act appropriating one mil¬
lion of dollars to the defence of the commonwealth, with the amend¬
ments thereto proposed by the senate, was taken up.
The first amendment proposed by the senate was agreed to.
Mr. Smith of Kanawha moved to amend the second amendment
proposed by the senate, by adding the following:
" And provided further, that for the defence of the western and
northwestern frontier and the Valley, the sum of fifty thousand dol¬
lars is hereby directed to be applied to the construction of three
92
JOURNAL OP THE
arsenals—one at or near the Baltimore and Ohio rail road, or the
Northwestern Virginia rail road ; one at some point upon the Great
Kanawha river; and one in the Valley of Virginia, at or near the
town of Winchester—the precise locations of which shall he deter¬
mined by the governor, upon the report of the engineer hereby au¬
thorized to be employed."
And the question being on agreeing thereto, Mr. Gibson of Jef¬
ferson demanded the previous question; which was sustained by the
house ; and being put, was decided in the affirmative.
On motion of Mr. Phelps, the vote was recorded as follows:
Ayes—Messrs. Aldersou, Arnold, Ball, Ballard, Bassel, Booker, Boreman, Brown, Chris¬
tian, Cowan, Crane, Dickenson, Edgington, Ferguson, Fleming, Frost, J. Gilmer, Goody-
coontz, Hanly, Harrison, Haymond, Hoffman, Holdway, Hopkins, Jett, Johnson, Kauf¬
man, Keen, Kee, Knotts, Kyle, Lockridge, W. Martin, Matthews, Maupin, MeKinney, D.
Miller, Montgomery, Morgan, Morris, Myers, Patterson, Phelps, Porter, Pretlow, Pritchard,
Reid, Richardson, Robertson, Robinson, Shannon, Sherrard, Sibert, I. N. Smith, Staples,
Thomas, Thompson, Walker, Ward, A. Watson, Watts, Welch, West and Yerby—64.
Noes—Messrs. Anderson, Bass, Bell, Bisbie, Carpenter, Chapman, Childs, Crump, Davis,
Duckwall, Evans, Friend, Garrett, D. Gibson, J. T. Gibson, C. H. Gilmer, Grattan, Hack-
ley, Huntt, Hunter, C. H. Jones, W. T. Jones, Kincheloe, Leftwich, Locke, Lundy, Lynn,
T. Martin, McCamant, McGehee, McGruder, Miles, J. R. Miller, Mong, Montague, Orgain,
Preston, Riddick, Rives, Rutherfoord, Seddon, H. Smith, Tyler, E. Watson, Wilson, Wood
and Woolfolk—47.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Wilson, the house adjourned until to-morrow,
12 o'clock.
TUESDAY, January 29, 1861.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 28, 1861.
The senate have passed house bill entitled:
An act to amend the first section of an act to prevent trespasses,
depredations, &c. along the borders of the Potomac and other tide
waters in the counties of Fairfax, Stafford and King George, No. 53,
with an amendment.
They have passed bills entitled :
An act to amend the charter of the Bank of Philippi, No. 42.
An act to amend the charter of the Bank of the Commonwealth,
No. 43.
And they have agreed to a resolution for the appointment of a
joint committee to provide a hall for the accommodation of the state
convention.
In which bills and resolution they respectfully request the concur¬
rence of the house of delegates.
The amendment proposed by the senate to house bill entitled :
. No. 53. An act to amend the 1st section of an act to prevent tres-r
HOUSE OF DELEGATES.
93
passes, depredations, &c. along the borders of the Potomac and other
tide waters in the counties of Fairfax, Stafford and King George, was
agreed to.
Ordered, that the clerk inform the senate thereof.
The following senate bills were read a first and second times, and
referred to the committee on banks:
No. 42. A senate bill entitled an act to amend the charter of the
Bank of Philippi.
No. 43. A senate bill entitled an act to amend the charter of the
Bank of the Commonwealth.
The resolution from the senate for the appointment of a joint com¬
mittee to provide a hall for the accommodation of the state conven¬
tion, was taken up and agreed to.
The Speaker announced the following committee on the part of
the house: Messrs. Saunders, Montague and Hunter.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, to whom had been referred
No. 4. A senate bill amending and re-enacting the 2d section of
the charter of the Mechanicsville turnpike company, passed February
21st, 1817, reported the same without amendment.
Mr. Raymond, from the committee on finance, presented the fol¬
lowing bills:
No. 150. A bill to release the title to 556J acres of land in the
county of Hanover, to John H. Taliaferro.
No. 151. A bill amending and re-enacting the 8th, 9th and 10th
sections of chapter 45 of the Code.
No. 152. A bill refunding to Rufus Turner, late sheriff of the
county of Patrick, a sum of money paid on an erroneous assessment
of land.
No. 153. A bill for the relief of the sureties of Robert S. Cole¬
man, late sheriff of Carroll county.
No. 154. A bill absolving the state and treasurer from all liability
in case of loss of coupon bonds deposited as security for bank circu¬
lation, unless the said coupon bonds be converted into registered
stock, and prohibiting coupon bonds from being received in the fu¬
ture as such security.
Mr. Haymond, from the same committee, presented an adverse re¬
port to a resolution enquiring into the expediency of refunding to
Richard Cox and David Griffith a sum of money.
No. 2. A senate bill entitled an act changing the time of holding
the terms of the circuit courts of James City and the city of Wil¬
liamsburg, and the county of Henrico, was taken up, and on motion
of Mr. McGruder, laid on the table.
No. 14. A senate bill entitled an act to incorporate the Merchants
savings bank of Richmond, was read a third time and passed.
No. 17. A senate bill entitled an act for the relief of John W. G.
Smith of Rockingham county, was read a third time and passed.
Ayf.s—Messrs. Alderson, Allen, Arnold, Ball, Ballard, Barbour, Baskervill, Bass, Bassel,
Bell, Bisbio, Booker, Bon man, Brown, Caperton, Carpenter, Chapman, Cbilds, Christian,
Collier, Cowan, Crane, Crump, Davis, Duckwall, Edgington, Evans, Ferguson, Fleming,
94
JOURNAL OF THE
Friend, Frost, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz,
Graham, Grattan, Hanly, Haymond, Hackley, Holdway, Hopkins, Huntt, Hunter, Jett,
Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kee, Kincheloe, Knotts, Kyle, Left-
wich, Lockridgc, Lucas, Lundy, Lynn, T. Martin, W. Martin, Matthews, Maupin. McCa-
mant, McGehee, McGruder, McKinney, Miles, J. R. Miller, Mong, Montague, Montgomery,
Morgan, Morris, Myers, Newton, Orgain, Patterson, Phelps, Porter, Preston, Pritch-
ard, Randolph, Reid, Richardson, Riddick, Robertson, Robinson, Rives, Rutherfoord, Saun¬
ders, Seddon, Shannon, Sibcrt, I. N. Smith, Staples, Thomas, Thompson, Tyler, Walker,
Wallace, Ward, A. Watson, E. Watson, Watts, Welch, Wilson, Willcox, Witten, Wood,
Wooifolk and Yerby—114.
Ordered, that the clerk inform the senate thereof.
No. 3. An engrossed bill to change the eastern terminus of the
Slavin's cabin and Summersville turnpike, was read a third time and
passed. »
Ordered, that Mr. Lockpjdge carry the same to the senate, and
request their concurrence.
A message was received from the senate, by Mr. Thompson, who
informed the house of delegates that the senate had concurred in the
amendment proposed by the house of delegates to the amendments
proposed by the senate to house bill entitled:
No. 58. An act appropriating one million of dollars for the defence
of the commonwealth.
No. 5. An engrossed bill to amend the charter of the Winchester
and Potomac rail road company was taken up, and on motion of Mr.
Huntt, laid on the table.
Mr. Pretlow moved to reconsider the vote by which the bill was
laid on the table.
The question being on agreeing thereto, was put, and decided in
the affirmative.
The bill was then read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Duckwall submitted the following resolution:
Resolved, that the senate be requested to return to this house, the
bill entitled an act for the relief of the banks of this commonwealth.
The question being on agreeing thereto, was put, and decided in
the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 8. An engrossed bill to incorporate the Montgomery female
college, was read a third time and passed. .
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Newton,
Resolved, that leave be given to withdraw from the files of the
house, bill 509, and that the same be referred to a special committee
of seven, to be appointed by the chair.
The Speaker announced the following committee, under the reso¬
lution : Messrs. Newton, Saunders, Rutherfoord, Segar, Grattan, Mar¬
tin of Henry, and Bisbie.
On motion of Mr. Collier, the house adjourned until to-morrow,
12 o'clock.
HOUSE OP DELEGATES.
95
WEDNESDAY, January 30, 1861.
Prayer by Rev. Mr. Brown of the Presbyterian church.
The Speaker laid before the house a communication from the
governor, enclosing resolutions from the states of Tennessee and
Pennsylvania.
The communication from the governor and the resolutions from
the state of Tennessee were ordered to be printed and referred to the
joint committee on state and federal affairs.
The resolutions from the state of Pennsylvania were ordered to be
laid on the table.
A message was received from the senate, by Mr. Townes, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to provide more efficient police regulations at the poor-
houses of this commonwealth : in which they respectfully requested
the concurrence of the house of delegates.
A message was received from the senate, by Mr. Brannon, who
informed the house of delegates that the senate had directed a return
of the bill for the relief of the banks of this commonwealth, in obe¬
dience to the request of the house.
The bill was then read a third time and passed.
Ayes—Messrs. Alderson, Allen, Anderson, Arnold, Bailey, Ball, Ballard, Baskervill, Bass,
Bassel, Bell, Bisbie, Booker, Boreman, Brown, Caperton, Chapman, Christian, Claiborne,
Collier, Cowan, Crane, Crump, Davis, Edging-ton, Ferguson, Fleming, Friend, Frost, Garrett,
D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Hanly, Haymond, Hackley, Hoff¬
man, Hopkins, Iiuntt, Hunter, Jett, Johnson, Kaufman, Keen, Kce, Kinchcloe, Knotts,
Kyle, Lei'twich, Lockridge, Lucas, Lynn, T. Martin, W. Martin, Massie, Matthews, Mau-
pin, McGruder, McKinney, Miles, D. Miller, Montague, Montgomery, Morris, Myers, Nel¬
son, Patterson, Phelps, Porter, Preston, Pretlow, Pritehard, Eeid, Richardson, Riddick,
Robertson, Robinson, Saunders, Shannon, I. N. Smith, Staples, Thompson, Walker, Wal¬
lace, Ward, A. Watson, E. Watson, Willcox, Witten, Wood, Woolfolk and Yerby—94.
Noes—Messrs. Crutckfield (speaker), J. T. Gibson, Grattan, C. H. Jones, W. T. Jones,
Kemper, Lundy, McGehec, Newton, Rives, Rutherfoord, Seddon and Wilson—13.
Ordered, that Mr. Duckwall communicate the same to the senate,
and request their concurrence.
Mr. Christian, from the committee of schools and colleges, pre¬
sented an adverse report to the resolution enquiring into the expedi¬
ency of paying for the tuition of certain indigent children in Rich¬
mond county.
Mr. Magruder, from the committee of propositions and grievances,
to whom had been referred
No. 46. A senate bill entitled an act to incorporate the Richmond
city insurance company, reported the same without amendment.
Mr. Magruder, from the same committee, presented the following
bills:
No. 155. A bill amending the charter of the town of Charleston
in the county of Kanawha.
No. 156. A bill to exempt certain lands of Joseph Caldwell, lying
in the city of Wheeling, from city taxes.
No. 157. A bill to repeal an act passed 19th March 1860, concern¬
ing the mode of catching fish in certain waters.
96
JOURNAL OP THIS.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills :
No. 158. A bill for the relief of James J. Spanlding.
No. 159. A bill refunding to It. II. Maury and others a sum of
money paid on an erroneous assessment of land in the county of
Nicholas.
No. 160. A bill authorizing the payment of ninety-two dollars
and forty-nine cents to Thos. L. Jones of Caroline county.
Mr. Duckwall, from the committee for courts of justice, pre¬
sented the following bills:
No. 161. A bill to regulate the prayer for and effect of answers
in courts of equity.
No. 162. A bill to amend the 14th section of an act providing
additional protection for the slave property of citizens of this com¬
monwealth.
Mr. Bassel, from the committee on agriculture and manufactures,
presented the following bill:
No. 163. A bill incorporating the Gilmer oil mining and manufac¬
turing company in the county of Gilmer.
Mr. Kemper, from the committee on military affairs, presented a
report adverse to the petition of citizens of Surry.
Mr. Duckwall, from the committee for courts of justice, pre¬
sented an adverse report to the resolution enquiring into the expedi¬
ency of amending chapter 134 of the Code of Virginia.
Mr. Seddon, from the committee on banks, to whom had been
referred
No. 42. A senate bill entitled an act to amend the charter of the
Bank of Philippi:
No. 43. A senate bill entitled an act to amend the charter of the
Bank of the Commonwealth—reported the same without amendment.
An adverse report of the committee on banks to the resolution en¬
quiring into the expediency of amending the charter of the Monon¬
galia Bank of Morgantown, was recommitted to the said committee,
on motion of Mr. Seddon.
An advei'se report of the committee on finance to petition of Wm.
B. Wooldridge and T. C. Howard, executors, &c. was, on motion of
Mr. Robertson, recommitted to the committee on finance.
On motion of Mr. McGehee,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill authorizing the ne¬
groes manumitted by the last will and testament of Isaac N. Robert¬
son dec'd, of the county of Appomattox, to select masters for them¬
selves, without compensation.
Mr. Crump presented the petition of the farmers of Nottoway, in
reference to a fence law; which was ordered to be referred to the
committee of propositions and grievances.
On motion of Mr. McGruder,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of constructing a rail road in the county
HOUSE OF DELEGATES.
97
of Henrico, commencing at the mines of the Richmond and New
York coal company, and intersecting with the York river rail road.
On motion of Mr. Magruder,
Resolved, that the committee on military affairs enquire into the
expediency of authorizing the delivery of two field pieces to the
Scottsville home guard, upon proper and reasonable conditions. »
Mr. Woolfolk presented the petition of A. P. Routt and R. W.
Brooking, for compensation for arresting, &c. a lunatic who had
escaped from the Western or Staunton lunatic asylum; which was
ordered to be referred to the committee of claims.
On motion of Mr. Cowan,
Resolved, that the committee on banks be instructed to enquire
into the expediency of reporting a bill amending the charter of the
Preston Bank of Virginia.
On motion of Mr. Christian,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of authorizing a connecting rail road from
a point on the Baltimore and Ohio rail road, near Cranberry summit
in Preston county, to some point on the Virginia Central rail road
in Augusta county.
The special order of the day, being the report of the committee
for courts of justice adverse to the enactment of a stay law, was
taken up, and on motion of Mr. Seddon, laid on the table.
On motion of Mr. Miles,
Resolved, that the committee on finance be instructed to enquire
into the expediency of allowing Edward B. Bates, commissioner of
the revenue in Lee county, a certain sum of money erroneously
charged against him.
Mr. Miles presented the petition of Edward B. Bates, commis¬
sioner of the revenue of Lee county; which was ordered to be re¬
ferred to the committee on finance.
No. 30. A bill to re-enact the act passed 9th February 1844, au¬
thorizing a loan from the Literary fund to the West Liberty academy,
was taken up, on motion of Mr. Edgington, read a second time and
ordered to be engrossed and read a third time; and being forthwith
engrossed, two-thirds concurring, was read a third time and passed.
Ayes—Messrs. Crutchfiold (speaker), Alderson, Allen, Anderson, Arnold, Barbour, Bass,
Bell, Bisbie, Booker, Borcman, Brown, Caperton, Chapman, Collier, Cowan, Crump, Davis,
Edgington, Evans, Ferguson, Fleming, Friend, Frost, D. Gibson, J. Gilmer, Goodycoontz,
Graham, Grattan, Hanly, Haymoud, Hopkins, Hunter, Jett, Johnson, Kaufman, Keen, Kee,
Ivnotts, Kyle, Leftwieh, Lockridge, Lucas, Magruder, W. Martin, Massie, Matthews, Mau-
pin, MeCamant, McGruder, D. Miller, Montague, Montgomery, Morris, Myers, Nelson, Or-
gain, Patterson, Phelps, Porter, Pretlow, Pritchard, Randolph, Eeid, Richardson, Saun¬
ders, Shannon, Sibert, I. N. Smith, Staples, Thompson, Tyler, Walker, Wallace, Ward,
Welch, Willcox and Wood—78.
Noes—Messrs. Bassel, Childs, Claiborne, Garrett, J. T. Gibson, C. H. Gilmer, Hackley,
Huntt, C. ii. Jones, W. T. Jones, Ivincheloe, Lundy, Lynn, T. Martin, McGehee, McKin-
ney, Miles, Mong, Newton, Ruthcrfoord, Seddon, Wilson, Woolfolk and Yerby—23.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 84. A bill amending the 107th section of chapter 35 of the
Code of Virginia, providing for the correction of erroneous assessments
13
98
jouknal of the
of taxes on land, was taken up, on motion of Mr. Haymond, and laid
on the table.
Mr. Pretlow submitted the following resolution; which, being
objected to, was laid over under the rule:
That this house, when it adjourns on Friday next, will, with the
consent of the senate, adjourn to meet on Monday the 11th day of
February next.
On motion of Mr. Grattan, the house adjourned until to-morrow,
12 o'clock.
THURSDAY, January 31, 1861.
Prayer by Rev. Moses D. Hoge of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 30, 1861.
The senate have passed bills entitled:
An act to incorporate the Hughes' creek oil and coal company,
No. 56.
An act to incorporate the Ambler oil and coal company, No. 57.
An act to incorporate the Fayette oil and coal company, No. 58.
An act to authorize the Virginia Central rail road company to con¬
struct a branch of their road to Lexington in the county of Rock¬
bridge, No. 21.
In which they respectfully request the concurrence of the house
of delegates.
No. 52. A senate bill entitled an act to provide more effectual
regulations at the poorhouses of the commonwealth, was read a first
and second times, and on motion of Mr. Gilmer, read a third time
and passed.
No. 56. A senate bill entitled an act to incorporate the Hughes'
creek oil and coal company, was read a first and second times, and
on motion of Mr. Smith of Kanawha, read a third time and passed.
No. 57. A senate bill entitled an act to incorporate the Ambler
oil and coal company, was read a first and second times, and on mo¬
tion of Mr. Smith of Kanawha, read a third time and passed.
No. 58. A senate bill entitled an act to incorporate the Fayette
oil and coal company, was read a first and second times, and on mo¬
tion of Mr. Smith of Kanawha, read a third time and passed.
No. 21. A senate bill entitled an act to authorize the Virginia
Central rail road company to construct a branch of their road to
Lexington in the county of Rockbridge, was read a first and second
times, and on motion of Mr. Christian, read a third time and passed.
Ordered, that the clerk inform the senate of the passage of the
foregoing bills.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill:
HOUSE OF DELEGATES.
99
No. 164. A bill to take the sense of the voters of Elizabeth City
county on the repeal of the act passed March 15th, 1858, authorizing
a payment, out of the funds of the Hampton academy, to certain per¬
sons therein named, for a claim against said academy.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 165. A bill for the better government of the town of Dan¬
ville.
Mr. Magruder, from the same committee, to whom had been re¬
ferred
No. 13. A senate bill entitled an act to amend an act passed Ja¬
nuary 23, 1860, entitled an act to incorporate the Virginia life insu¬
rance company, reported the same without amendment.
Mr. Kaufman, from the committee of claims, presented the follow¬
ing bill:
No. 166. A bill for the payment of a sum of money to James W.
Jones, jailor of Frederick county.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 167. A bill to incorporate the Newport and Gap mills turn¬
pike company.
No. 168. A bill to amend the first section of an act passed March
5, 1856, entitled an act to incorporate the Glen Easton turnpike com¬
pany in the county of Marshall.
No. 169. A bill to incorporate a company to repair and macada¬
mize the Beverley and Morgantown road.
Mr. Chapman, from the same committee, to whom had been re¬
ferred
No. 24. A senate bill entitled an act authorizing the Board of
public works to confirm the sale of the Marysville plank road to the
county, reported the same without amendment; and on his motion,
the bill was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Ball, Ballard, Basker-
vill, Bass, Bassel, Bell, Bentley, Bisbie, Booker, Boreman, Brorvn, Burks, Carter, Cassin,
Chapman, Childs, Christian, Claiborne, Cowan, Crane, Crump, Davis, Dickenson, Duck-
wall, Edging-ton, Evans, Ferguson, Friend, Frost, Garrett, D. Gibson, J. T. Gibson, J.
Gilmer, Goodycoontz, Graham, Hanly, Haymond, Hackley, Hoffman, Hopkins, Huntt,
Hunter, Jett, C. H. Jones, W. T. Jones, Keen, Kemper, Kincheloe, Knotts, Kyle, Left-
wich, Lucas, Lundy, Lynn, Magruder, W. Martin, Massie, Matthews, Maupin, McCamant,
McGehee, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, Mong, Montague,
Montgomery, Morris, Myers, Nelson, Orgain, Patterson, Phelps, Porter, Pritcbard, Ran¬
dolph, Reid, Richardson, Robinson, Rives, Saunders, Seddon, Shannon, Staples, Thomas,
Tyler, Walker, Wallace, Ward, A. Watson, E. Watson, Welch, Wilson, Willcox, Wing-
field, Wood and Yerby—104.
Ordered, that the clerk inform the senate thereof.
Mr. Kemper, from the committee on military affairs, presented the
following reports:
An adverse report to the resolution in relation to the sale of
muskets.
An adverse report to the resolution enquiring into the expediency
of furnishing the home guard of Scottsville with two field pieces.
No. 9. A bill amending and re-enacting the 8th section of an act
100
JOURNAL OF THE
entitled an act imposing taxes for the support of government, passed
March 31st, 1860, was taken up, on motion of Mr. Richardson.
Mr. Richardson submitted an amendment thereto. Pending the
consideration of which, the bill and amendment were laid upon the
table.
The Speaker laid before the house a message from the governor,
in reference to the contribution of specie on the part of the banks for
the uses of the state; which was, on motion of Mr. McKenzie, re¬
ferred to the committee on banks and ordered to be printed. Doc.
No. 22.
Mr. Bisbie, presented the memorial of William P. Moore of North
Carolina, praying a reference of the matter of the seizure of his
schooner Pauline, for alleged violation of the inspection laws, to the
proper committee, in view of just relief; which was ordered to be
referred to the committee of propositions and grievances.
On motion of Mr. Walker,
Resolved, that the committee on military affairs enquire into the
expediency of allowing the militia fines in the county of Rockingham,
after defraying the expenses of the militia in that county, to be ap¬
propriated for the benefit of the volunteer regiment of that county.
Mr. Montague, presented a petition for a new county out of parts
of Monroe, Greenbrier and Fayette; which was ordered to be referred
to the committee of propositions and grievances.
On motion of Mr. Richardson,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of incorporating the Wheel¬
ing gymnasium association.
Mr. Robertson of Richmond city presented the petition of J. H.
Pecor, Benjamin Bragg and others, members of the metropolitan
guard, asking to be exempted from military duty, except in defence of
Richmond and its vicinity; which was ordered to be referred to the
committee on military affairs.
On motion of Mr. Boreman,
Resolved, that the clerk of the house cause to be printed and dis¬
tributed among the members of this house, once a week, a calendar
of the business thereof.
On motion of Mr. Myers,
Resolved, that the committee for courts of justice enquire into the
expediency of giving to justices of the peace jurisdiction in cases of
garnishee summonses.
Mr. Carpenter presented the petition of Ro. F. and D. G. Bibb,
&c., praying that the state will receive, in payment for hire of con¬
victs, the bonds of the state at par; which was ordered to be referred
to the committee on finance.
On motion of Mr. Lucas,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of incorporating a company to construct a
bridge across Walker's creek, near Staffordsville in Giles county.
On motion of Mr. Booker,
Resolved, that the committee on finance enquire into the expe-
HOUSE OF DELEGATES.
101
diency of refunding to A. W. Deshazer a portion of license tax im¬
properly paid by him.
On motion of Mr. Pritchard,
Resolved, that the committee of roads and internal navigation en¬
quire into the propriety of granting a charter for the construction of
a turnpike road from the mouth of Flat run in Marion county, to
Burton in Wetzel county.
On motion of Mr. Seddon,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding a license tax paid by Henry Purkins.
On motion of Mr. McKenzie,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law proper penalties for the transmission
of false intelligence by telegraph.
On motion of Mr. Grattan,
Resolved, that the committee on military affairs enquire into the
expediency of creating a board of examination of candidates for the
place of surgeon of the regiments of militia.
On motion of Mr. Keen,
Resolved, that the committee on banks enquire into the expediency
of repealing the 9th section of chapter 144 of the Code of Virginia.
On motion of Mr. J. Gilmer,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the existing law prescribing the time
within which, writs of fieri facias and other final process shall be Re¬
turned, as to increase that time.
On motion of Mr. Miller,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of amending chapter 61 of
the new. Code, with regard to the transfer of turnpikes heretofore
transferred, under the provisions of the same laws as turnpikes trans¬
ferred hereafter.
Mr. Bisbie submitted the following resolution:
Resolved, that the committee of propositions and grievances be re¬
quested to enquire into the expediency of raising the pay of the
members of the general assembly to six dollars per day; which, on
motion of Mr. Bass, was indefinitely postponed.
No. 161. A bill to regulate the prayer for and effect of answers in
courts of equity, was read a first time, and ordered to be read a
second time.
The following senate bills were read a third time and passed:
No. 4. A senate bill entitled an act amending and re-enacting the
2d section of the charter of the Mechanicsville turnpike company,
passed February 21st, 1817.
No. 42. A senate bill entitled an act to amend the charter of the
Bank of Philippi.
No. 43. A senate bill entitled an act to amend the charter of the
Bank of the Commonwealth.
Ordered, that the clerk inform the senate thereof.
102
JOURNAL OF THE
No. 46. A senate bill entitled an act to incorporate the Richmond
city insurance company, was taken up and read a third time. Pend¬
ing the consideration of which,
On motion of Mr. Seddon, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, February 1, 1861.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 31, 1861.
The senate have passed bills entitled:
An act to authorize the governor of the commonwealth to pardon
a negro slave Tom, and restore said slave to his owner, No. 53.
An act to stay the proceedings on executions, trust deeds and other
Remands in cases of refusal to receive bank notes, No. 54.
In which they respectfully request the concurrence of the house
of delegates.
No. 53. A senate bill entitled an act to authorize the governor of
the commonwealth to pardon a negro slave Tom, and restore said
slave to his owner, was read a first and second times, and referred to
the committee for courts of justice.
No. 54. A senate bill entitled an act to stay proceedings on exe¬
cutions, trust deeds and other demands in cases of refusal to receive
bank notes, was read a first and second times, and referred to the
committee for courts of justice.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills :
No. 171. A bill to amend the 4th and 5th sections of the act of
1854, and the 4th section of the act of 1S56, concerning mining and
other companies.
Mr. Magruder, from the same committee, presented an adverse
report to the petition for the formation of a new county out of parts
of Monroe, Greenbrier and Fayette.
Mr. PIaymond, from the committee on finance, presented the fol¬
lowing bill:
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road.
Mr. PIaymond, from the same committee, presented an adverse re¬
port to the petition of William Stratton, clerk of the county and
circuit courts of Logan, asking that certain fines imposed and paid
by him, be refunded.
Mr. Gibson, from the committee on banks, presented an adverse
report to amending the 1st section of chapter 58 of the Code of
Virginia.
HOUSE OF DELEGATES.
103
Mr. Gibson, from the same committee, presented a report, asking
that the committee on banks be discharged from the further conside¬
ration of a resolution enquiring into the expediency of repealing the
9th section of chapter 144 of the Code, and that the same be re¬
ferred to the committee for courts of justice ; which was concurred
in by the house.
On motion of Mr. Evans,
Resolved, that the committee of propositions and grievances be
requested to enquire into the expediency of reporting a bill for the
voluntary enslavement of Sam, George, Woodson and Sukey, per¬
sons of color in the county of Buckingham.
On motion of Mr. Watson of Pulaski,
Resolved, that the committee of roads and internal navigation en¬
quire'into the expediency of consolidating the administration of the
Virginia and Tennessee rail road, South side rail road, and Norfolk
and Petersburg rail road.
On motion of Mr. Saunders,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of chartering the Citizens insurance com¬
pany of the city of Richmond.
On motion of Mr. Crump,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to Peter B. Crowder a sum of money improperly
paid into the treasury.
On motion of Mr. Preston,
Resolved, that the committee on banks be instructed to enquire
into the expediency of establishing a savings bank at Goodson,
Washington county.
The Speaker laid before the house a communication from the
governor, enclosing a communication from his Excellency John Tyler,
commissioner to the president of the United States, and the corres¬
pondence between him and the president; which were laid on the
table and ordered to be printed. Doc. No. 23.
No. 13. A senate bill entitled an act to amend an act passed Ja¬
nuary 23d, I860, entitled an act to incorporate the Virginia life in¬
surance company, was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 10. An engrossed bill fixing the mode of settlement with the
sheriff of the county of Jefferson, was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Arnold, Ballard, Baskervill, Bass, Bassel,
Bisbie, Boreman, Burks, Carpenter, Carter, Cassin, Chapman, Christian, Claiborne, Coleman,
Collier, Cowan, Crump, Davis, Duckwall, Edgington, Ferguson, Friend, Frost, Garrett, D.
Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Haymond, Hackley,
Hoffman, Huntt, Hunter, Johnson, C. IT. Jones, W. T. Jones, Kemper, Kincheloe, Knotts,
Kyle, Lcftwicli, Lucas, Lundy, Magruder, Mallory, Massie, Matthews, Maupin, McCamant,
McDowell, McGehee, McGruder, McKenzie, Miles, D. Miller, Mong, Morris, Myers, Nelson,
Newton, Orgain, Patterson, Porter, Preston, Reid, Richardson, Robertson, Rives, Ruther-
foord, Saunders, Segar, Shannon, Staples, Tomlin, Wallace, A. Watson, E. Watson, Welch,
Willcox, Wood and Yerby—87.
Noes—Messrs. Hopkins and Wilson—2.
, Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
104 JOURNAL OP THE
No. 11. An engrossed bill refunding to Benjamin and Isaac De-
ford a certain sum of -money paid on an erroneous assessment, was
taken up and laid on the table.
No. 84. A bill amending the 107th section of chapter 35 of the
Code of Virginia, providing for the correction of erroneous assess¬
ments of taxes on land, was taken up, amended, and as amended,
read a second time, and ordered to be engrossed and read a third
time.
No. 15. A bill for the relief of Edward McCabe of Harpers Ferry,
was read a second time, and ordered to be engrossed and read a third
time.
No. 16. A bill releasing the commonwealth's claim to a certain
island in Chesapeake bay, to Edmund J. Poulson, was read a second
time, and ordered to be engrossed and read a third time; and being
forthwith engrossed, two-thirds concurring, was read a third time and
passed.
Ayes—Messrs. Cratchfield (speaker), Anderson, Baskervill, Bass,Bassel, Bentley, Bore-
man, Burks, Caperton, Carpenter, Carter, Cassin, Chapman, Christian, Claiborne, Coleman,
Collier, Crane, Crump, Davis, Duckwall, Edgington, Evans, Ferguson, Friend, Frost,
D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Hackley, Hopkins, Huntt,
Hunter, Johnson, W. T. Jones, Keen, Kemper, Knotts, Kyle, Leftwich, Lockridge, Lucas,
Lundy, Magruder, Mallory, W. Martin, Massie, Matthews, Maupin, MeCamant, McDowell,
McGehee, McGruder, McKenzie, Medley, Miles, Mong, Montgomery, Morris, Myers, Nel¬
son, Newton, Orgain, Patterson, Phelps, Porter, Preston, Reid, Richardson, Robertson,
Rives, Rutherfoord, Segar, Shannon, I. N. Smith, Staples, Thompson, Tomlin, Tyler,
Walker, Wallace, Ward, A. Watson, E. Watson, Welch, Wilson, Wingfield, Wood
and Yerby—91.
Ordered, that the clerk communicate the same-to the senate, and
request their concurrence.
On motion of Mr. Kemper, the report of the committee on mili¬
tary affairs, in relation to the sale of muskets, was recommitted to
said committee.
On motion of Mr. Lucas, the house adjourned until to-morrow,
12 o'clock.
SATURDAY, February 2, 1861.
Prayer by Rev. Mr. Brown of the Presbyterian church.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 172. A bill amending and re-enacting the lOfch section of
chapter 71 of the Code of Virginia, with regard to abatement of
tolls in certain cases on turnpikes under the control of the Board of
public works.
Mr. Christian, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 173. A bill incorporating the Preston and Augusta rail road
company.
No. 174. A bill to incorporate the Leesburg and Aldie turnpike
company.
HOUSE OP DELEGATES.
105
- No. 175. A bill to incorporate the Leesburg and Point of Rocks
turnpike company.
Mr. Chapman, from the same committee, presented the following
bill:
No. 176. A bill to increase the capital stock of the Richmond and
York river rail road company.
Mr. Kemper, from the committee on military affairs, presented a
report in reference to the sale of muskets.
The Speaker laid before the house a communication from the go¬
vernor, enclosing certain resolutions of the general assembly of the
state of New Jersey; which was laid on the table and ordered to be
printed. Doc. No. 24.
The Speaker also laid before the house a communication from the
governor, enclosing certain resolutions adopted by the state of Maine
in relation to weights and measures; which was ordered to be referred
to the committee on agriculture and manufactures.
On motion of Mr. Christian,
Resolved, that the committee of privileges and' elections enquire
into the expediency of amending the law of general elections, so as
to authorize the commissioners conducting elections at a precinct
where the house prescribed by existing law for holding the polls is
inaccessible or inconvenient, to open the polls at such convenient
house as the commissioners may select.
On motion of Mr. Edgington,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of providing by law for the erection of
a fort or other suitable military defences at the city of Wheeling.
No. 84. An engrossed bill amending the 107th section of chapter
35 of the Code of Virginia, and providing for the correction of er¬
roneous assessment of taxes on land, was read a third time and
passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Arnold. Baskervill, Bass, Bassel, Bentley,
Boreman, Burks, Caperton, Carter, Cassin, Chapman, Christian, Claiborne, Collier, Cowan,
Crane, Crump, Davis, Edgington, Evans, Ferguson, Frost, Garrett, D. Gibson, J. Gil¬
mer, Grabam, Raymond, Hackley, Hoffman, Hopkins, Huntt, Hunter, Johnson, C. H.
Jones, W. T. Jones, Keen, Kemper, Kincheloe, Knotts, Leftwich, Lockridge, Lucas, Lundy,
Magruder, Mallory, W. Martin, Massie, Matthews, McDowell, McGruder, McKenzie,
Medley, Miles, D. Miller, Mong, Myers, Nelson, Newton, Orgain, Phelps, Porter, Preston,
Reid, Saunders, Shannon, I. N. Smith, Staples, Thompson, Tomlin, Tyler, Wallace, E.
Watson, Wilson, Wood and Yerby—77.
Noes—Messrs. Ballard, Duckwall and McCamant—3.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 39. A bill to amend an act to increase the capital stock of the
Richmond and Danville rail road company, and for other purposes,
was taken up, on motion of Mr. Martin of Henry, amended, and as
amended, read a second time, and ordered to be engrossed and read a
third time; and being forthwith engrossed, was, two-thirds concur¬
ring, read a third time and passed.
Ordered, that Mr. Martin carry the same to the senate, and re¬
quest their concurrence.
Mr. Hopkins gave notice that he should on Monday next move to
14
106
JOURNAL OF THE
amend the rule of the house in relation to motions to suspend the
rules.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time:
No. 17. A bill re-enacting and amending an act passed March
15th, 1849, incorporating the Glenville and Charleston turnpike com¬
pany.
Amended, and title amended, on motion of Mr. Knotts.
No. 19. A bill to extend the improvement of the Little Kanawha
river to the falls thereof in the county of Braxton.
Amended, and title amended, on motion of Mr. Aldeeson.
No. 20. A bill authorizing a loan from the Literary fund to the
Alleghany college.
No. 21. A bill to incorporate the town of Cameron in the county
of Marshall.
No. 22. A bill to incorporate the Berkeley border guards volun¬
teer company.
No. 2-3. A bill for the relief of Nathaniel B. Harvey.
No. 24. A bill for the relief of Enoch Atkins of Giles county.
No. 25. A bill refunding a license tax to Paul A. Farley of the
county of Lunenburg.
No. 26. A bill authorizing the payment to William G. Jackson of
certain coupons.
No. 27. A bill for the relief of James Scott of Greenbrier county.
No. 28. A bill refunding to Mathew Wamsly, jr. of the county of
Randolph, a certain amount of money erroneously paid by him.
No. 29. A bill for the relief of Rev. J. Packard.
No. 18. A bill to incorporate the Lynchburg and North Carolina
rail road company, was read a second time, and on motion of Mr.
Keen, laid on the table.
Mr. Phelps moved that the house adjourn; and the question be¬
ing on agreeing thereto, was put, and decided in the negative.
On motion of Mr. Duckwall, the vote was recorded as follows:
Ayes—Messrs. Crutchficld (speaker), Ballard, Bassel, Boreman, Carter, Christian, Clai¬
borne, Cowan, Hopkins, Johnson, C. H. Jones, Keen, Kemper, Mc-Cue, McDowell, Miles,
Phelps, Tyler, E. Watson and Wood—20.
Noes—Messrs. Alderson, Baslcervill, Bass, Bentley, Burks, Cassin, Chapman, Coleman,
Crane, Crump, Davis, Duckwall, Evans, Ferguson, Garrett, D. Gibson, J. T. Gibson, J. Gil¬
mer, Graham, Haymond, Hackley, Hoffman, Huntt, W. T. Jones, Kincheloe, Knotts, Lcft-
wicb, Loekridge, Lucas, Lundy, Magruder, Mallory, W. Martin, Massie, Matthews, McCa-
mant, McGruder, McKenzie, Medley, D. Miller, Morris, Myers, Nelson, Newton, Orgain,
Porter, Preston, Kcid, Richardson, Robertson, Saunders, Shannon, Staples, Tomlin, Wilson
and Yerby—50.
No quorum voting, on 'motion of Mr. Keen, the house adjourned
until Monday, 12 o'clock.
HOUSE OP DELEGATES.
107
MONDAY, February 4, 1861.
Prayer by Rev. Mr. Dashiell of the Episcopal church.
The Speaker laid before the house a communication from the go¬
vernor, enclosing certain resolutions from the general assembly of the
state of Kentucky, and the general assembly of the state of Min¬
nesota.
The resolutions from Kentucky were ordered to be printed, and
those referring to a national convention, referred to the committee on
state and federal affairs. Doc. No. 25.
The resolutions from Minnesota were laid upon the table.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 177. A bill to amend an act entitled an act incorporating the
Bellville and Williamsport turnpike company, and providing for a
subscription on the part of the state, and changing the name of said
company to the Williamstown, Bellville and Ravenswood turnpike
company.
On motion of Mr. McKenzie,
Resolved, that the committee on finance enquire into the expedi¬
ency of authorizing the second auditor to receive from any rail road
or other company, who has received state bonds at par in payment
for state subscriptions or loans, to pay in settlement of interest due
the state, the bonds of the state at par.
On motion of Mr. Gilmer,
Resolved, that the committee for courts of justice enquire into the
expediency of amending an act passed March 20, 1860, entitled an
act to establish a circuit court for the town of Danville.
On motion of Mr. Magruder,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending the act for ascertaining and
running the boundary line between Albemarle and Fluvanna counties.
On motion of Mr. Crump,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the 55th section of chapter 85 of the Code
of 1860, so as to authorize the committee of a lunatic to afford a
maintenance or advancement to such of the children of an insane
person as shall have attained their majority.
On motion of Mr. Richardson,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of exempting from military duty all
employees of the several telegraph companies, such as superinten¬
dents, operators, line repairers and battery keepers.
On motion of Mr. Myers,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Farmers and Me¬
chanics insurance company of the city of Richmond.
On motion of Mr. Haymond,
Resolved, that the governor be requested to report to this house
108
JOURNAL OF THE
the number of stand of arms contracted to be sold to J. R. Ander¬
son & Co., how many have been delivered, and when the balance are
to be delivered, by whom sold, and by what authority, with a state¬
ment of the number of stand of arms still remaining in the arsenals,
and also what progress has been made in the repairs of the armory.
On motion of Mr. Duckwall,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the sixth and seventh sections of chapter
150 of the Code of I860.
On motion of Mr. Medley,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of authorizing William T. Ballou and
S. B. Major, trustees, to sell a church lot in the county of Halifax.
Mr. Bassel presented the petition of citizens of Upshur, praying
that constables be confined to the district for which they were
elected; which was ordered to be referred to the committee of pro¬
positions and grievances.
The following bills were read a first time, and ordered to be read
a second time : v
No. 99. A bill authorizing the trustees of Easter's meeting house
in the county of Morgan to sell and convey the same.
No. 100. A bill to incorporate the Richmond and Liverpool packet
company.
No. 101. A bill amending and re-enacting the charter of the town
of Guyandotte in the county of Cabell.
No. 102. A bill for the relief of the administrator of John W.
Moore, late sheriff of Jefferson county.
No. 103. A bill for the relief of Richard H. Horner of Fauquier
county.
No. 104. A bill amending the 39th chapter of the Code, concern¬
ing taxes on bank dividends, collateral inheritances and taxes on suits
and seals.
No. 105. A bill for the relief of the securities of William Paris,
late sheriff of the county of Appomattox.
No. 10G. A bill to release Oscar H. Tate from the payment of a
fine.
No. 107. A bill incorporating the Meadsville manufacturing com¬
pany.
No. 108. A bill changing the names of the lunatic asylums.
No. 109. A bill to incorporate the Patrick springs female seminary.
No. 110. A bill to incorporate the Southern express company.
No. 111. A bill incorporating the Insurance company of Lexington.
No. 112. A bill amending the 1st section of the act forming the
county of Webster.
No. 113. A bill constituting a part of the Ohio river a lawful
fence.
No. 114. A bill to amend the charter of the Bank of Scottsville*
No. 115. A bill to amend the charter of the Bank of Howardsville.
No. 116. A bill to amend the charter of the Bank of Richmond.
No. 117. A bill to authorize the South side rail road company to
HOUSE OF DELEGATES.
m
build a branch road from Black's and White's in the county of Not¬
toway, into the county of Mecklenburg.
No. 11S. A bill imposing taxes for the support of government.
No. 120. A bill authorizing the justices of the county court of
Chesterfield to impose a tax upon dogs.
No. 121. A bill amending the charter of the town of Bath in the
county of Morgan.
No. 122. A bill to amend an act passed January 3d, 1860, entitled
an act to incorporate the Virginia life insurance company.
No. 123. A bill amending certain acts concerning the town of
Port Royal in the county of Caroline.
No. 124. A bill authorizing the county courts to establish water
courses a lawful fence within their respective limits.
No. 12*5. A bill refunding to Thomas J. Garden an amount of
money paid on an erroneous assessment.
No. 126. A bill authorizing the payment of certain sums of mo¬
ney to William Osborne and Richard Matthews.
No. 127. A bill authorizing the payment to Scott and Adams of a
sum of money for work done on the Southwestern turnpike.
No. 128. A bill for the relief of the securities of Hugh L. Pickens,
late sheriff of the county of Pleasants.
No. 129. A bill amending the 2d section of an act authorizing the
Bank of the Valley in Virginia to establish a branch in the city of
Richmond.
No. 130. A bill to incorporate the Monongahela savings bank in
the county of Monongalia.
No. 131. A bill to extend the charter of the Bank of Virginia.
No. 132. A bill to extend the charter of the Farmers Bank of
Virginia.
No. 133. A bill to extend the charter of the Bank of the Valley
in Virginia.
No. 134. A bill to extend the charter of the Exchange Bank of
Virginia.
No. 135. A bill to extend the charter of the Northwestern Bank
of Virginia.
No. 1*36. A bill to extend the charter of the Merchants and Me¬
chanics Bank of Wheeling.
No. 1*37. A bill authorizing the Board of public works to appoint
commissioners to estimate and report upon losses sustained by John
Conaway in the construction of the Fairmont and Wheeling turnpike
road.
No. 138. A bill authorizing the Board of public works to appoint
commissioners to estimate and report losses sustained by Wm. W.
King in the construction of the 14th section of the Ohio river and
Maryland turnpike road.
No. 139. A bill to amend the charter of the Virginia car spring
company.
No. 140. A bill incorporating the Piedmont land and improve¬
ment company.
No. 141. A bill to amend the charter of the town of Martinsburg.
110
JOURNAL OP THE
No. 142. A bill to amend an act passed 31st March 1860, entitled
an act to restrict the catching of oysters in certain months.
No. 143. A bill amending certain laws respecting the militia of
the commonwealth, so as to render them more efficient.
No. 144. A bill to compensate Ephraim B. Hall for services ren¬
dered in the circuit court of Marion county for the commonwealth.
No. 14-5. A bill refunding to Benjamin Hoover, executor of Daniel
Lowry dec'd, of the county of Rockingham, a sum of money paid
on an erroneous assessment of land.
No. 146. A bill releasing the securities of Robert O. Doss, late
sheriff of the county of Campbell, from the payment of damages.
No. 147. A bill allowing John Staples a sum of money for ser¬
vices rendered as attorney for the commonwealth in the circuit court
of Patrick county.
No. 148. A bill to amend the charter of the Bank of Ravenswood.
No. 149. A bill to amend the charter of the Bank of Charleston.
No. 150. A bill to release the title to 556^ acres of land in the
county of Hanover to John H. Taliaferro.
No. 151. A bill amending and re-enacting the 8th, 9th and 10th
sections of chapter 45 of the Code.
No. 152. A bill refunding to Rufus Turner, late sheriff of the
county of Patrick, a sum of money paid on an erroneous assessment
of land.
No. 153. A bill for the relief of the sureties of Robert S. Cole-
,man, late sheriff of Carroll county.
No. 154. A bill absolving the state and treasurer from all liability
in case of loss of coupon bonds deposited as security for bank circu¬
lation, unless the said coupon bonds be converted into registered
stock, and prohibiting coupon bonds from being received in the fu¬
ture as such security.
No. 155. A bill amending the charter of the town of Charleston
in the county of Kanawha.
No. 156. A bill to exempt certain lands of Joseph Caldwell, lying
in the city of Wheeling, from city taxes.
No. 157. A bill to repeal an act passed 19th March 1860, con¬
cerning the mode of catching fish in certain waters.
No. 158. A bill for the relief of Jas. J. Spaulding.
No. 159. A bill refunding to R. H. Maury and others a sum of
money paid on an erroneous assessment of land in the county of
Nicholas.
No. 160. A bill authorizing the payment of ninet}^-two dollars and
forty-nine cents to Tlios. L. Jones of Caroline county.
No. 162. A bill to amend the 14th section of an act providing ad¬
ditional protection for the slave property of citizens of this common¬
wealth.
No. 163. A bill incorporating the Gilmer oil mining and manu¬
facturing company in the county of Gilmer.
No. 164. A bill to take the sense of the voters of Elizabeth City
county on the repeal of the act passed March 15th, 1858, authorizing
HOUSE OF DELEGATES.
11*
a payment out of the funds of the Hampton academy to certain per¬
sons therein named, for a claim against said academy.
No. 165. A bill for the better government of the town of Dan¬
ville.
No. 166. A bill for the payment of a sum of money to James W.
Jones, jailor of Frederick county.
No. 167. A bill to incorporate the Newport and Gap mills turn¬
pike company.
No. 168. A bill to amend the 1st section of an act passed March
5th, 1856, entitled an act to incorporate the Glen Easton turnpike
company in the county of Marshall.
No. 169. A bill to incorporate a company to repair and macada¬
mize the Beverley and Morgantown road.
No. 170. A bill to amend the 4th and 5th sections of the act of
1854 and the 4th section of the act of 1856, concerning mining and
other companies.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road.
No. 172. A bill amending and re-enacting the 10th section of
chapter 71 of the Code of Virginia, with regard to abatement of tolls
in certain cases, on turnpikes under the control of the Board of pub¬
lic works.
No. 173. A bill incorporating the Preston and Augusta rail road
company.
No. 174. A bill to incorporate the Leesburg and Aldie turnpike
company.
No. 175. A bill to incorporate the Leesburg and Point of Rocks
turnpike company.
No. 176. A bill to increase the capital stock of the Richmond and
York river rail road company.
No. 177. A bill to amend an act entitled an act incorporating the
Bellville and William sport turnpike company, and providing for a
subscription on the part of the state, and changing the name of said
company to the Williamstown, Bellville and Ravenswood turnpike
company.
The following bills were read a second time, and ordered to be
engrossed and read a third time :
No. 115. A bill to amend the charter of the Bank of Howardsville.
No. 127. A bill authorizing the payment to Scott & Adams of a
sum of money for work done on the Southwestern turnpike.
No. 129. A bill amending the second section of an act authorizing
the Bank of the Valley in Virginia to establish a branch in the city
of Richmond.
No. 157. A bill to repeal an act passed 19th March 1860 concern¬
ing the mode of catching fish in certain waters.
No. 142. A bill to amend an act passed 31st of March 1860,
entitled an act to restrict the catching of oysters in certain months.
No. 97. A bill for the relief of the securities of Joshua H. Staats
deceased, late sheriff of the county of Jackson.
112
JOURNAL OP THE
No. 121. A bill amending the charter of the town of Bath in the
county of Morgan.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road, was taken up, on motion of
Mr. Caperton, amended, and on his further motion, laid on the table.
No. 22. An engrossed bill to incorporate the Berkeley border
guard armory company, was read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Haymond, the house adjourned until to-morrow,
12 o'clock.
TUESDAY, February 5, 1861.
Prayer by Rev. Mr. Dashiel of the Episcopal church.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 178. A bill to amend the 1st section of the act passed March
4, 1856, for marking the boundary line between Fluvanna and Albe¬
marle counties; which, on his motion, was read a first and second
times, and ordered to be engrossed and read a third time.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 179. A bill to amend the second, third and sixth sections of
an act passed February 28, 1S56, providing for working the county
roads of Loudoun county.
No. 180. A bill to amend the second section of the act passed
February 9, 1860, providing for a further subscription to the Alexan¬
dria, Loudoun and Hampshire rail road company.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills :
No. 181. A bill refunding to Benjamin Cunningham a sum of
money paid on an erroneous assessment of land.
No. 182. A bill providing for the repairing and furnishing the
governor's house.
Which said several bills were read a first, and ordered to be read a
second time.
Mr. Jones of Gloucester, from the committee on military affairs,
presented an adverse report to a resolution as to the exemption of
telegraph employees from military duty.
On motion of Mr. Lucas,
Resolved, that the committee of schools and colleges be instructed
to enquire into the expediency of allowing to John Powers, assignee
of Hiram Muncy, eight dollars and fifty cents, being the amount due
said Powers for the tuition of certain poor children in Giles county
for the year 1852.
HOUSE OP DELEGATES.
113
On motion of Mr. Graham,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill incorporating the town
of Asbury in the county of Wythe.
On motion of Mr. Phelps,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a bill securing to the commonwealth, in any
internal improvement company in which the said commonwealth is a
stockholder, or has an interest, a representation in the directory of
any such company, proportionate to the amount of stock held by the
commonwealth in such company, and so to provide that the com¬
monwealth shall be entitled to the same vote pro rata on each share
of stock owned by it in any such company, as is given to any other
stockholder in any such company.
Mr. McDowell presented the petition of Isaac Hurkle et al.;
which was ordered to be referred to the committee of propositions
and grievances.
The Speaker laid before the house a communication from the
commissioners to audit and pay the expenses of the Harpers Ferry
raid ; which was laid on the table, and ordered to be printed. Doc.
No. 26.
Mr. McGruder presented the petition of 96 citizens of Henrico,
against the proposed extension of the corporation limits of the city
of Richmond; which was ordered to be referred to the committee of
propositions and grievances.
Mr. Chapman presented the petition of James K. Scott and 170
others, citizens of the counties of Greenbrier and Monroe, remon¬
strating against the formation of a new county out of parts of the
counties of Monroe and Greenbrier; which was ordered to be refer¬
red to the committee of propositions and grievances.
The following engrossed bills were read a third time and passed:
No. 21. A bill to incorporate the town of Cameron in the county
of Marshall.
No. 157. A bill to repeal an act passed 19th March 1860, concern¬
ing the mode of catching fish in certain waters.
No. 115. A bill to amend the charter of the Bank of Howardsville.
No. 142. A bill to amend an act passed 31st of March 1860, en¬
titled an act to restrict the catching of oysters in certain months.
No. 121. A bill amending the charter of the town of Bath in the
county of Morgan.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time; and being forthwith engrossed, two-
thirds concurring, were read a third time and passed:
No. 42. A bill to amend the act incorporating the Lewisburg fe¬
male institute.
No. 41. A bill authorizing the clerks of the supreme courts and
the district courts of appeals to take orders of publication in vaca¬
tion.
15
114
journal of the
The following bills were read a second time, and ordered to be en¬
grossed and read a third time :
No. 31. A bill to incorporate the Western Virginia insurance com¬
pany.
No. 32. A bill for the voluntary enslavement of Walker Fitz, a
free negro.
No. 33. A bill to amend the 2d section of an act entitled an act
incorporating the town of Bethany, passed April 6th, 18-53.
No. 34. A bill to incorporate the Capper's springs company.
No. 35. A bill to amend an act incorporating the town of Chris-
tiansburg, and extending the limits of the same.
No. 37. A bill to amend the charter of the Wheeling creek turn¬
pike company.
No. 43. A bill to amend the act concerning district free schools in
the county of Jefferson.
No. 46. A bill to incorporate the Sweet Chalybeate springs com-
pany.
No. 47. A bill to amend the act of 27th March 1858, incorporating
the town of Frankfort in Greenbrier.
No. 48. A bill for the voluntary enslavement of B. W. Love and
Isaac Burnett, without compensation to the state.
No. 49. A bill to increase the capital stock of the Elk river turn¬
pike company.
No. 50. A bill granting the commonwealth's right to the real es¬
tate of John Kelly deceased, to Owen Shee.
No. 51. A bill for the relief of John W. Grove of Frederick
county.
No. 52. A bill for the relief of Angus M. Wood.
No. 53. A bill for the relief of George W. Tucker of Halifax
county.
No. 54. A bill to refund to Louisa Hunter of Alexandria county
taxes improperly paid.
The following bills were read a second time, and on motions seve¬
rally made, laid on the table :
No. 36. A bill authorizing the Norfolk and Petersburg rail road
company to construct a branch of their road to some point on the
North Carolina line.
No. 38. A bill incorporating the Norfolk county railway com¬
pany.
No. 45. A bill to give effect to the 19th clause of the 4th article
of the constitution.
No. 129. An engrossed bill amending the 2d section of an act au¬
thorizing the Bank of the Valley in Virginia to establish a branch in
the city of Richmond, was taken up, and on motion of Mr. Gibson
of Hampshire, laid on the table.
On motion of Mr. Collier, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
115
WEDNESDAY, February 6, 1861.
Prayer by Rev. Mr. Kepler of the Episcopal church.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills :
No. 18-3. A bill to incorporate the Citizens insurance company of
the city of Richmond.
No. 184. A bill to incorporate the Farmers and Mechanics insu¬
rance company of the city of Richmond.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 185. A bill to amend and re-enact the 29th section of chapter
58 of the Code of Virginia.
No. 186. A bill refunding to Mrs. Lucy Holland a sum of money
paid on an erroneous assessment.
Mr. Bisbie, from the committee on agriculture and manufactures,
presented the following bill:
No. 187. A bill to encourage manufactures, by limiting taxation
in certain cases.
Which said several bills were read a first time, and ordered to be
read a second time.
Mr. Raymond, from the committee on finance, presented an adverse
report to the petition of Washington Cook, asking that one-half of a
forfeited recognizance be paid to him.
The resolutions heretofore submitted by Mr. Bisbie, in relation to
the establishment of a line of steamers from Paris to some port in
the United States, were, on motion of Mr. Bisbie, taken up and
agreed to.
[For resolutions, see page 90 of Journal.]
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Collier presented the petition of the citizens of Petersburg,
asking certain changes in the law regulating assemblages of free ne¬
groes ; which were ordered to be referred to the committee for courts
of justice.
On motion of Mr. Baskervill,
Resolved, that leave be given to withdraw from the files of the
house, bill 339 of the last session, making appropriation, out of the
surplus of the Literary fund, to certain colleges, and that the same
be referred to the committee of schools and colleges.
Mr. Morris presented the petition of Arthur C. Marling and
others, against the repeal of the road law in Marshall county; which
was ordered to be referred to the committee of propositions and
grievances.
Mr. Morris presented the petition of Samuel Cox and others, for
an act to take the sense of the voters of Marshall county upon the
repeal of the act providing for opening and keeping in repair the
county roads in the county of Marshall, passed January 6th, 1854;
116
JOURNAL OF THE
which was ordered to be referred to the committee of propositions
and grievances.
On motion of Mr. Ballard,
Resolved, that the committee on finance enquire into the expedi¬
ency of making an additional allowance to the commissioner of the
revenue in the county of Logan for the years 1861 and 1862.
On motion of Mr. Booker,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to E. T. Rice a sum of money improperly paid.
On motion of Mr. McGruder,
Resolved, that a select committee of three be appointed to report
a bill amending an act passed 20th of March 1860, authorizing the
common council of Richmond to authorize persons to construct rail
roads in the streets of Richmond.
The Speaker announced the committee as follows: Messrs. McGru¬
der, Saunders and Robertson.
On motion of Mr. Haymond,
Resolved, that when this house adjourns on to-morrow it will ad¬
journ to meet on Monday next.
The following engrossed bills were read a third time and passed:
No. 31. An engrossed bill to incorporate the Western Virginia in¬
surance company.
No. 33. An engrossed bill amending the second section of an act
entitled an act incorporating the town of Bethany, passed April 5th,
1853.
No. 34. An engrossed bill to incorporate the Capper springs com¬
pany.
No. 35. An engrossed bill to amend an act incorporating the town
of Christiansburg, and extending the limits of the same.
No. 46. An engrossed bill to incorporate the Sweet Chalybeate
springs company.
No. 47. An engrossed bill to amend the act passed 27th March
1858, incorporating the town of Frankfort in Greenbrier county.
No. 178. An engrossed bill to amend the 1st section of the act
passed March 4th, 1856, for marking the boundary line between Flu¬
vanna and Albemarle counties.
No. 71. A bill authorizing the trustees of the First Presbyterian
church in the city of Portsmouth to execute a deed of trust on said
property, was read a second time, and ordered to be engrossed and
read a third time; and being forthwith engrossed, two-thirds concur¬
ring, was read a third time and passed.
Ordered, that the clerk communicate the foregoing bills to the
senate, and request their concurrence.
The following bills were laid on the table :
No. 32. An engrossed bill for the voluntary enslavement of Walker
Fitz, a free negro.
No. 48. A bill for the voluntary enslavement of B. W. Love and
Isaac Barnett, without compensation to the state.
No. 70. A bill for the voluntary enslavement of Silla Rich and
children, without compensation to the state.
HOUSE OF DELEGATES.
117
The following bills were read a second time and ordered to be en¬
grossed and read a third time :
No. 55. A bill refunding to Joseph L. Russell amount of taxes
improperly paid.
No. 56. A bill for the relief of Henry Cooper of Frederick county.
No. 57. A bill to amend the 1st section of an act entitled an act
for the encouragement of certain volunteer military companies in the
city of Wheeling, passed March 27th, 1858.
No. 59. A bill for the relief of Charles A. Hoge and James Mus-
grave.
No. 60. A hill for the relief of Thos. Javins of Fairfax county.
No. 61. A bill refunding to John H. Showaiter a license tax im¬
properly charged against and paid by him.
No. 62. A bill refunding to Robert N. Wright a sum of money
paid on erroneous assessment.
No. 63. A bill refunding to the securities of Wm. H. Blanch, late
sheriff of the county of Mecklenburg, certain damages paid by them.
No. 64. A bill to amend and re-enact the 13th section of chapter
42 of the Code, edition of 1860, so as more effectually to regulate
the sales of real estate under executions in favor of the common¬
wealth.
No. 65. A bill for the relief of J. Dickinson Kincaid of Green¬
brier county.
No. 66. A bill to provide for paying to the Bank of Racine lost
coupons for interest on the bonds of the state of Virginia.
No. 67. A bill to provide for the payment to the Richmond branch
of the Exchange Bank of lost coupons for interest on the bonds of
the state of Virginia.
No. 68. A bill to amend the 11th section of chapter 212 of the
Code.
No. 69. A bill to establish the county of Bland out of parts of
Giles, Wythe and Tazewell.
No. 72. A bill amending the charter of the Black lick and Plaster
bank turnpike company.
No. 161. A bill to regulate the prayer for and effect of answers in
courts of equity.
On motion of Mr. McKenzie, the house adjourned until to-morrow,
12 o'clock.
THURSDAY, February 7, 1861.
Prayer by Rev. Mr. Kepler of the Episcopal church.
Mr. Duckwall, from the committee for courts of justice, presented
the following bill:
No. 1S8. A bill amending the 9th section of chapter 212 of the
Code of Virginia, providing compensation to the owners of condem¬
ned slaves.
118
JOURNAL OP THE
Mr. McGruder, from a special committee, presented the following
bill:
No. 189. A bill amending an act passed March 20th, 1860, autho¬
rizing the council of Richmond to construct rail roads in its streets.
Which said bills were read a first time, and ordered to be read a
second time.
On motion of Mr. Bisbie,
Resolved, that a select committee of nine be appointed by the
Speaker, upon a proper state system of commerce, mining and manu¬
factures.
The Speaker announced the following committee, under the reso¬
lution :
Messrs. Bisbie, Barbour, Collier, Edgington, Haymond, Hopkins,
Martin of Henry, Segar and Saunders.
Mr. Huntt submitted the following resolution; which on motion
of Mr. Myers, was laid on the table :
Resolved, that the committee of roads and internal navigation be
requested to lay before this house such proof, if any, of the ability
of the firm of Bellot des Minieres, Brothers & Company to execute
their contract, made in August last, for the purchase and completion
of the James river and Kanawha canal.
Mr. Duckwall submitted the following resolution; which, on his
motion, was laid on the table :
Resolved by the general assembly, that the commissioners to audit
and settle the accounts for services at Harpers Ferry, shall be and
they are hereby authorized to allow pay to the field officers and to
the four companies of the 89th regiment in the county of Morgan,
designated in their report of the 5th day of February 1861, in the
manner reported by them.
On motion of Mr. Rives,
Resolved, that leave be given to withdraw from the files of the
house, the petition of citizens of Surry, for the formation of a volun¬
teer company.
On motion of Mr. Preston,
Resolved, that the committee on banks enquire into the expediency
of authorizing the Monticello Bank to establish an agency or branch
at Abingdon or Goodson in Washington county.
On motion of Mr. Segar,
Resolved, that the committee on lunatic asylums enquire into the
expediency of increasing the salary of the steward of the Eastern lu¬
natic asylum.
Mr. Miller submitted the following resolution; which, on motion,
was ordered to be laid on the table:
Resolved, that a special committee of five be appointed to enquire
into the expediency of passing a law providing for the valuation of
property levied on under executions, by two or more freeholders,
and that such property be required to bring at the public sale at
least two-thirds of the value so fixed.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time:
HOUSE OF DELEGATES.
119
No. 73. A bill amending the charter of the Raleigh and Grayson
turnpike company.
No. 78. A bill to increase the pay of the commonwealth's attorney
for the circuit court of Ohio county.
No. 94. A bill to incorporate the Elk river rail road company.
- No. 114-. A bill to amend the charter of the Bank of Scottsville.,
No. 123. A bill amending certain acts concerning the town of
Port Royal in the county of Caroline.
No. 103. A bill incorporating the Gilmer oil mining and manufac¬
turing company in the county of Gilmer.
No. 57. An engrossed bill to amend the 1st section of an act enti¬
tled an act for the encouragement of certain volunteer military com¬
panies in the city of Wheeling, passed March 27th, 1858, was read a
third time and passed.
No. 86. A bill incorporating the Berkeley springs savings bank in
the town of Bath in the county of Morgan, was read a second time,
and ordered to be engrossed and read a third time; and being forth¬
with engrossed, two-thirds concurring, was read a third time and
passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Frost, the house adjourned until Monday the
11th instant, at 12 o'clock.
MONDAY, February 11, 1863.
Prayer by Rev. Mr. Woodbridge of the Episcopal church.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 190. A bill increasing the salary of the clerk of the peniten¬
tiary.
No. 191. A bill providing for payment of commissioners.
Which said bills were read a first time, and ordered to be read a
second time.
On motion of Mr. McKinney,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill for the voluntary en¬
slavement of certain free persons of color emancipated by the last
will of A. T. Gordon deceased.
On motion of Mr. Martin of Norfolk county,
Resolved, that the committee on military affairs be requested to*
enquire into the expediency of authorizing the Wise light dragoons
in Norfolk county to arm with a less number than fifty regularly
uniformed members.
On motion of Mr. Boreman,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Industrial society of
Wood county.
120
JOURNAL OP THE
Mr. Jones of Gloucester presented the memorial of sundry citizens
of Gloucester, asking the repeal of such laws as prohibit the catch¬
ing of oysters in certain months; which was ordered to be referred
to the committee of propositions and grievances.
The following bills were read a second time, and ordered to be
engrossed and read a third time:
No. 74. A bill to amend the charter of the Sir John's run turn¬
pike company.
No. 75. A bill to provide for the completion of the Middle fork
turnpike.
No. 93. A bill amending the charter of the Clarksburg and Wheel¬
ing turnpike company.
No. 108. A bill changing the names of the lunatic asylums.
The following bill was taken up and read a second time, and on
motion of Mr. Haymond, was ordered to be laid on the table:
No. 76. A bill to repeal sections 28, 29, 30, 31 and 32 of the Code
of Virginia of 1860.
No. 49. An engrossed bill to increase the capital stock of the Elk
river turnpike company, was read a third time; and the question
being upon the passage thereof,
Mr. Haymond submitted a ryder thereto ; which was read a first
and second times, and ordered to be engrossed and read a third time;
and the question being on the passage of the bill, was put, and de¬
cided in the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 68. An engrossed bill to amend the 11th section of chapter
212 of the Code, was read a third time, and on motion of Mr. Chris¬
tian, laid on the table.
The following engrossed bills were taken up, read a third time and
passed:
No. 94. A bill to incorporate the Elk river turnpike company.
No. 114. A bill to amend the charter of the Bank of Scottsville.
No. 123. A bill amending certain acts concerning the town of
Port Royal in the county of Caroline.
No. 163. A bill incorporating the Gilmer oil mining and manu¬
facturing company in the county of Gilmer.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The Speaker presented a communication from the governor of the
commonwealth, enclosing a letter from Hon. Judge John Robertson,
commissioner to the seceding states; which was read, and on motion
of Mr. Collier, laid on the table and ordered to be printed. Doc.
No. 28.
On motion of Mr. Martin of Norfolk county, the house adjourned
until to-morrow, 12 o'clock.
HOUSE OF DELEGATES.
121
TUESDAY, February 12, 1861.
Prayer by Rev. Mr. Woodbridge of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 11, 1861.
The senate have passed bills entitled :
An act to amend and re-enact the 1st and 3d sections of an act
entitled an act to incorporate a company to construct, on the plan of
James S. French, a rail road between Alexandria and Washington,
passed February 27, 1854, No. 61.
An act to incorporate the Lynchburg arms and engine manufac¬
turing company, No. 63.
An act to amend the charter of the Merchants Bank of Virginia,
No. 68.
An act authorizing the Merchants Bank of Virginia to establish
branches at Rocky Mount, Liberty, Goodson and Princeton, No. 69.
An act to incorporate the Manchester savings bank in the town of
Manchester, No. 71.
An act to incorporate the Hebrew benevolent society of Alexan¬
dria, No. 85.
An act incorporating the Independence male and female college in
the county of Grayson, No. 87.
An act to incorporate the Amherst and Nelson woolen manufac¬
turing company in the county of Nelson, No. 90.
An act establishing a branch bank in the town of Liberty in the
county of Bedford, No. 55.
An act to incorporate the Southern manufacturing company, No.
94.
An act to incorporate the Springfield and Deep run coal mining
>and manufacturing company, No. 103.
In which they respectfully request the concurrence of the house
of delegates.
No. 61. A senate bill entitled an act to amend and re-enact the 1st
and 3d sections of an act entitled an act to incorporate a company to
construct, on the plan of James S. French, a rail road between Alex¬
andria and Washington, passed February 27, 1854, was read the first
and second times, and referred to the committee of roads and inter¬
nal navigation.
The following senate bills were severally read the first and second
times, and ordered to be referred to the committee on banks:
No. 55. A senate bill entitled an act establishing a branch bank
in the town of Liberty in the county of Bedford.
No. 68. A senate bill entitled an act to amend the charter of the
Merchants Bank of Virginia.
No. 69. A senate bill entitled an act authorizing the Merchants
Bank of Virginia to establish branches at Rocky Mount, Liberty,
Goodson and Princeton.
16
122
JOURNAL OF THE
No. 71. A senate bill entitle'd an act to incorporate the Manchester
savings bank in the town of Manchester.
No. 87. A senate bill entitled an act incorporating the Indepen¬
dence male and female college in the county of Grayson, was read
the first and second times, and referred to the committee of schools
and colleges.
The following senate bills were read the first and second times,
and referred to the committee on agriculture and manufactures:
No. 90. A senate bill entitled an act to incorporate the Amherst
and Nelson woolen manufacturing company in the county of Nelson.
No. 94. A senate bill entitled an act to incorporate the Southern
manufacturing company.
The following senate bills were read a third time and passed :
No. 6-3. A senate bill entitled an act to incorporate the Lynch¬
burg arms and engine manufacturing company.
No. 85. A senate bill entitled an act to incorporate the Hebrew
benevolent society of Alexandria.
No. 103. A senate bill entitled an act to incorporate the Spring¬
field and Deep run coal mining and manufacturing company.
Ordered, that the clerk inform the senate thereof.
No. 46. A senate bill entitled an act to incorporate the Richmond
city insurance company," was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill r
No. 193. A bill making an appropriation, out of the surplus in¬
come of the Literary fund, to certain colleges.
On motion of Mr. Kemper,
Resolved, that when this house adjourns this day, it will adjourn
to meet to-morrow morning, 11 o'clock.
On motion of Mr. Bisbie,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of so amending the inspection laws as to
require the inspection of salted provisions imported into this state,
in all cases.
Mr. McCamant presented the petition of John Early and others,
citizens of Carroll county, to incorporate a copper smelting com¬
pany; which was ordered to be referred to the committee on agri¬
culture and manufactures.
Mr. Thompson presented the petition of Wm. Wiatt, R. T. Har¬
vey and others., for refunding a sum of money paid by the sureties
of William Crass; which was ordered to be referred to the commit¬
tee on finance.
No. 63. An engrossed bill refunding to the securities of Wm. H.
Blanch, late sheriff of the county of Mecklenburg, certain damages
paid by them, was taken up, on motion of Mr. Baskervill, read
a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Bal¬
lard, Baskervill, Bass, Bassel, Bisbie, Booker, Boreman, Caperton, Cbilds, Christian, Cole¬
man, Collier, Cowan, Crane, Crump, Dickenson, Duckwall, Edwards, Ferguson, Fleming,
Friend, Frost, J. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Haymond, Hackley, Hoff-
HOUSE OP DELEGATES.
123
man, Holdway, Hunter, Jett, Johnson, Kaufman, Kemper, Knotts, Lockridge, Lynn, T.
Martin, Massie, Matthews, Maupin, McCamant, McDowell, McGehee, McGruder, McKin-
ney, McKcnzie, Medley, Miles, D. Miller, Morris, Myers, Nelson, Newton, Phelps, Porter,
Preston, Pritchard, Reid, Richardson, Riddick, Robinson, Rutherfoord, Saunders, Scott,
Seddon, Segar, Shannon, Slierrard, Sibert, J. K. Smith, Staples, Thompson, Tomlin, Tyler,
Ward, E. Watson, Watts, Welch, Witten, Wood and Woolfolk—90.
Noes—Messrs. W. T. Jones and Robertson—2.
Ordered, that Mr. Baskervill carry the same to the senate, and
request their concurrence.
The Speaker laid before the house a communication from the
governor, enclosing resolutions from New York and Indiana, and the
ordinance of secession from the state of Louisiana; which were read
and ordered to be printed. Doc. No. 29.
No. 112. A bill amending the 1st section of the act forming the
county of Webster, was taken up, on motion of Mr. Alderson, read
a second time, and ordered to be engrossed and read a third time;
and being forthwith engrossed, two-thirds concurring, was read a
third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 17. An engrossed bill re-enacting and amending an act passed
March 15th, 1849, incorporating the Grlenville and Charleston turn¬
pike company, was read a third time; and the question being—Shall
the bill pass ? was put, and decided in the negative.
Ayes—Messrs. Bisbie, Boreman, Frost, Graham, Johnson, Knotts, Massie, Matthews,
Maupin, McCamant, Pritchard, Richardson, Segar, Shannon, Slierrard, J. K. Smith and
Thompson—17.
Noes—Messrs. Crutchfield (speaker), Anderson, Ball, Ballard, Bass, Bassel, Booker,
Childs, Christian, Coleman, Collier, Cowan, Crump, Duckwall, Edwards, Friend, Garrett,
J. Gilmer, Goodycoontz, Haymond, Hackley, Holdway, Hunter, Jett, W. T. Jones, Kauf¬
man, Kemper, Lynn, T. Martin, McDowell, McGehee, McGruder, McKinney, Medley,
Miles, D. Miller, Myers, Nelson, Newton, Phelps, Porter, Preston, Reid, Riddick, Robinson,
Rutherfoord, Saunders, Seddon, Sibert, Staples, Thomas, Tomlin, Ward, E. Watson, Watts,
West, Wood and Woolfolk—58.
No quorum voting, on motion of Mr. McKenzie, the house ad¬
journed until to-morrow, 11 o'clock.
WEDNESDAY, February 13, 1861.
Prayer by Rev. Mr. Kepler of the Episcopal church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate Feb'y 12, 1861.
The senate have passed bills entitled :
An act to amend an act to incorporate the Richmond and York
river rail road company, passed January 31, 1853, No. 78.
An act to protect the interest of the commonwealth and others in
rail road and steam boat companies in this state, on the two lines be¬
tween Baltimore and Weldon, No. 64.
In which they respectfully request the concurrence of the house of
delegates.
124
JOURNAL OF THE
No. 78. A senate bill entitled an act to amend an act entitled an
act to incorporate the Richmond and York river rail road company,
passed January 31, 1853, was read a first and second times, and on
motion of Mr. Tomlin, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Bass, Bassel, Bell, Bentley, Bisbie, Booker, Boreman, Brown, Caperton, Carpen¬
ter, Chapman, Christian, Claiborne, Coleman, Collier, Crane, Cramp, Davis, Dickenson,
Duckwall, Edwards, Evans, Ferguson, Ferrill, Fleming, Friend, Frost, Garrett, J. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley, Hoffman, Holdway,
Hunter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper,
Knote, Knotts, Locke, Loekridge, Lynn, Magruder, Mallory, J. G. Martin, T. Martin,
Massie, Matthews, Maupin, McCamant, McDowell, McGehee, McKinney, McKenzie, Med¬
ley, Miles, D. Miller, Mong, Morgan, Morris, Myers, Nelson, Newton, Patterson, Phelps,
Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Robin¬
son, Rutkerfoord, Saunders, Scott, Segar, Shannon, Sherrard, Sibert, J. K. Smith, Staples,
Thomas, Thompson, Tomlin, Tyler, Walker, Ward, A. Watson, E. Watson, Watts, West,
Willcox, Witten, Wood, Woolfolk and Yerby—107.
No. 64. A senate bill entitled an act to protect the interest of the
commonwealth and others in rail road and steam boat companies in
this state, on the two lines between Baltimore and Weldon, was read
a first and second times.
Mr. Haymond moved that the bill be read the third time. Pend¬
ing the consideration of which,
On motion of Mr. Frost, the house adjourned until to-morrow, 12
o'clock.
THURSDAY, February 14, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 13, 1861.
The senate have passed house bills entitled:
An act incorporating the Berkeley springs savings bank in the
town of Bath in the county of Morgan, No. 86.
An act to amend the charter of the Bank of Howardsville, No. 115.
An act to incorporate the town of Cameron in the county of
Marshall, No. 21.
They have also passed bills entitled:
An act for the protection of the fisheries on the waters of the
Potomac river and Chesapeake bay, No. 107.
An act transferring the Huttonsville and Huntersville turnpike
road to the counties through which the same passes, No. 60.
An act refunding seventy-nine dollars and seven cents to James
Hewit, William A. Bradford, and Peter Grant's heirs, No. 76.
An act to refund to James S. Connell and Daniel Polsley, a sum
of money improperly paid by them into the treasury as tax on land
in Roane county, No. 38.
An act refunding to Elizabeth C. Richardson of Henrico county a
sum of money paid by her on an erroneous assessment of land, and
for correcting said assessment, No. 26.
HOUSE OF DELEGATES.
125
In which bills they respectfully request the concurrence of the
house of delegates.
The following senate bills were read a first and second times, and
referred to the appropriate committees:
No. 26. A senate bill entitled an act refunding to Elizabeth C.
Richardson of Henrico county a sum of money paid by her on an
erroneous assessment of land, and for correcting said assessment—To
finance.
No. 38. A senate bill entitled an act to refund to James S. Connell
and Daniel Polsley a sum of money improperly paid by them into the
treasury as tax on land in Roane county—To finance.
No. 60. A senate bill entitled an act transferring the Huttonsville
and Huntersville turnpike road to the counties through which the
same passes—To roads and internal navigation.
No. 76. A senate bill entitled an act refunding seventy-nine dol¬
lars and seven cents to James Hewit, William A. Bradford, and Peter
Grant's heirs—To finance.
No. 107. A senate bill entitled an act for the protection of the
fisheries on the Potomac river and Chesapeake bay, was read a first
and second times, amended on motions severally made, and as
amended, read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
• Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 194. A bill to amend and re-enact an act entitled an act to
incorporate the Planters savings bank of Petersburg, passed March
15th, 1858.
Mr. Magruder, from the same committee, presented a report ask¬
ing to be discharged from the further consideration of a resolution in
regard to the alteration of inspection laws in certain respects, and
that the same be referred to the committee on agriculture and manu¬
factures.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 195. A bill to incorporate the Virginia and Maryland railroad
company.
Mr. Kemper, from the committee on military affairs, presented an
adverse report to a resolution to enquire into the expediency of au¬
thorizing the Wise light dragoons to arm with a less number than
fifty regularly uniformed members.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 196. A bill providing for a bonus on bank capital, and for the
mode of paying the same into the treasury.
No. 197. A bill making appropriations for deficiencies in former
appropriations, and for defraying expenses of the general assembly
and convention now in session.
Mr. Haymond, from the same committee, presented an adverse re¬
port to a resolution of enquiry in regard to refunding to A. W. De-
sliazer a portion of license tax.
126
JOURNAL OF THE
Mr. Bassel, from the committee on agriculture and manufactures,
to whom had been referred the following senate bills, reported the
same without amendment:
No. 90. A senate bill entitled an act to incorporate the Amherst
and Nelson woolen manufacturing company in the county of Nelson.
No. 94. A senate bill entitled an act to incorporate the Southern
manufacturing company.
Mr. Bassel, from the same committee, presented the following
bill:
No. 198. A bill repealing the 21st section of chapter 87 of the
Code of Virginia.
The Speaker presented a communication from the governor of
the commonwealth, in response to a resolution adopted February 4,
1861, in regard to the sale of arms to Joseph R. Anderson & Co.;
which, on motion, was laid on the table and ordered to be printed.
Doc. No. 30.
Mr. Crane presented the petition of David Goff and 125 other
citizens of Randolph county, praying that the senate bill No. 60,
transferring the Huttonsville and Huntersville turnpike, do not pass;
which was ordered to be referred to the committee of roads and in¬
ternal navigation.
On motion of Mr. Robertson,
Resolved, that the members of the state convention be invited to
the privileged seats in the house, while that body shall remain at the
seat of government.
On motion of Mr. West,
Resolved, that the committee on propositions and grievances con¬
sider the propriety of allowing Joseph Gusman further time to re¬
build his mill on the west fork of the Monongalia river, destroyed by
fire in the county of Harrison.
On motion of Mr. Kaufman,
Resolved, that leave be granted to withdraw from the files of the
house, the petition of the citizens of the Valley of Virginia, praying
for a charter to extend the Potomac and Winchester rail road from
Winchester to Strasburg.
Mr. Morris presented the remonstrance of David Philips and
others, against the repeal of the road law in the county of Marshall;
which was ordered to be referred to the committee of propositions
and grievances.
Mr. Morris also presented the remonstrance of Thomas Moore and
others, against the repeal of the road law of Marshall county; which
was ordered to be referred to the committee of propositions and
grievances.
On motion of Mr. Christian,
Resolved, that hereafter this house will meet at ten o'clock A. M.
until otherwise ordered.
Mr. Christian moved that the rules be suspended, for the purpose
of considering the foregoing resolution. The question being on
agreeing thereto, Mr. Phelps demanded the previous question; which
HOUSE OF DELEGATES.
127
was sustained by the house; and beiifg put, was decided in the af¬
firmative.
The resolution was then amended, by striking out "ten," and in¬
serting " elevenand the question being on agreeing thereto, was
put, and decided in the affirmative.
On motion of Mr. Edwards,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing the county courts to fix and regulate an¬
nually the rates of ordinary keepers in the commonwealth.
On motion of Mr. Shannon,
Resolved, that the committee on finance be requested to enquire
into the expediency of reporting a bill to refund to V. S. Morgan,
late sheriff of Smyth county, a sum of money paid into the treasury
by him.
On motion of Mr. Patterson,
Resolved, that the committee on propositions and grievances en¬
quire into the expediency of allowing Joshua, a free man of color,
to enslave himself to Robert Hutcheson of Rockbridge county, with¬
out compensation.
On motion of Mr. Randolph,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill for the relief of Charles C. Davis, late
sheriff of Doddridge county.
On motion of Mr. Ferrill,
Resolved, that the committee on finance enquire into the expe¬
diency of releasing William Anderson, sheriff of Wetzel county,
from certain fines.
On motion of Mr. Jett,
Resolved, that the committee of schools and colleges enquire into
the expediency of increasing the maximum rate of compensation to
teachers of indigent children, to ten cents per day.
On motion of Mr. Morgan,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to James W. Larue an amount of money paid
by him on account of an erroneous assessment of his lands made by
the assessor of the county of Clarke.
Mr. Wood presented the petition of the regimental board of the
88th regiment of the Virginia militia, praying for a more perfect or¬
ganization of the militia of the state; which was ordered to be re¬
ferred to the committee 011 military affairs.
On motion of Mr. Miller of Lee,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to the securities of John H. Allen, late sheriff of
Lee county, a certain amount of money paid by them into the trea¬
sury.
On motion of Mr. Woolfolk,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reporting a bill authorizing Capt. Hi¬
ram A. McMullen and others of Greene county to form a volunteer
128
JOURNAL OF THE
rifle company—the minimum ffhmber not to be less than thirty-five
members.
On motion of Mr. Keen,
Resolved, that the committee on finance enquire into the expedi¬
ency of extending the time of the payment of the revenue by the
sheriffs of the state, due 15th March.
On motion of Mr. Magkuder,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating a company for the manu¬
facture of fire arms, ordnance, &c. in Staunton.
On motion of Mr. Pritciiaed,
Resolved, that the committee on military affairs enquire into the
propriety of allowing the various regiments of Marion county to hold
their fall training in their respective regimental districts.
No. 64. A senate bill entitled an act to protect the interest of the
commonwealth and others in rail road and steam boat companies in
this state, on the two lines between Baltimore and Weldon, being
the unfinished business, was taken up. The question being to com¬
mit the bill to the committee on finance, Mr. Walker demanded the
previous question ; which was sustained by the house; and being
put, was decided in the affirmative.
On motion of Mr. Medley, the house adjourned.
FRIDAY, February 15, 1861.
A communication from the senate, by them clerk, was read as
follows:
In Senate, Feb. 14, 1861.
The senate have passed house bills entitled:
An act incorporating the Gilmer oil, mining and manufacturing
company in the county of Grilmer, No. 163.
An act to increase the capital stock of the Elk river turnpike
company, No. 49.
An act amending certain acts concerning the town of Port Royal
in the county of Caroline, No. 123.
An act to amend the act of 27th March 185S, incorporating the
town of Frankfort in Greenbrier county, No. 47.
An act to amend the act incorporating the Lewisburg female
institute, No. 42.
An act authorizing the clerks of the supreme courts and the district
court of appeals to take orders of publication in vacation, No. 41.
They have passed bills entitled:
An act to amend an act entitled an act to incorporate the Farm-
ville and Buckingham plank road company, passed May 22, 1852,
No. 92.
An act to incorporate St. Paul's church home, No. 31.
HOUSE OF DELEGATES.
129
An act to appropriate a sum necessary to pay for the preparation
and publication of the second edition of the Code of Virginia, No. SO.
An act to transfer a part of the Price's mountain and Cumberland
gap road to the Mountain lake and Salt sulphur springs turnpike
company, No. 65.
In which they respectfully request the concurrence of the house
of delegates.
The following senate bills were read a first and second times, and
on motions severally made, read a third time and passed :
No. 65. A senate bill entitled an act to transfer a part of the
Price's mountain and Cumberland gap road to the Mountain lake
and Salt sulphur springs turnpike company.
No. 92. A senate bill entitled an act to amend an act entitled an
act to incorporate the Farmville and Buckingham plank road com¬
pany, passed May 22, 1852.
No. 80. A senate bill entitled an act to appropriate a sum neces¬
sary to pay for the preparation and publication of the second edition
of the Code of Virginia, was read a first and second times, and re¬
ferred to the committee on finance.
No. 11. A senate bill entitled an act to incorporate St. Paul's
church home, was read a first and second times, and referred to the
committee of propositions and grievances.
Mr. Christian, from the committee of schools and colleges, to
whom had been referred the following senate bill, reported the same
without amendment:
No. 87. A senate bill entitled an act incorporating the Indepen¬
dence male and female college in the county of Grayson.
Mr. Magruder, from the committee of propositions arid griev¬
ances, presented the following bills :
No. 199. A bill to incorporate the town of Asbury.
No. 200. A bill to incorporate the Staunton arms and ordnance
company.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, to whom had been referred the following senate bill, reported
the same without amendment:
No. 61. A senate bill entitled an act to amend and re-enact the
1st and 3d sections of an act entitled an act to incorporate a com¬
pany to construct, on the plan of James S. French, a rail road be¬
tween Alexandria and Washington, passed February 27, 1854.
Mr. Chapman, from the same committee, presented the following
bills:
No. 201. A bill to incorporate the Trans-Alleghany rail road
company.
No. 202. A bill to incorporate the Staffordsville toll bridge com-
pany.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred the following senate bills, reported the same
without amendment:
No. 53. A senate bill entitled an act to authorize the governor of
17
130
JOURNAL OF THE
the commonwealth to pardon a negro slave Tom, and restore said
slave to his owner.
No. 54. A senate bill entitled an act to stay the proceedings on
executions, trust deeds and other demands in cases of refusal to re¬
ceive bank notes.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing bills:
No. 203. A bill to amend and re-enact the 36th section of chapter
38 of the Code of 1860.
No. 204. A bill to provide for summoning jurors in the hustings
and circuit courts of Lynchburg.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing reports:
An adverse report as to the expediency of repealing the 9th section
of chapter 144 of the Code of 1849.
An adverse report as to the expediency of amending and re-enact¬
ing the 8th section of chapter 200 of the Code of 1860.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bill:
No. 205. A bill refunding to Hugh H. Hite a sum of money paid
on an erroneous assessment.
Mr. Gtbson, from the committee on banks, to whom had been re¬
ferred the following senate bills, reported the same without amend¬
ment :
No. 68. A senate bill entitled an act to amend the charter of the
Merchants Bank of Virginia.
No. 71. A senate bill entitled an act to incorporate the Manches¬
ter savings bank in the town of Manchester.
Mr. Gibson, from the same committee, presented the following
senate bill, with the recommendation that it do not pass :
No. 55. A senate bill entitled an act establishing a branch bank
in the town of Liberty in the county of Bedford.
Mr. Gibson, from the same committee, presented the following
bills:
No. 206. A bill to incorporate the Home savings bank in the city
of Richmond.
No. 207. A bill to incorporate the Aid savings bank of the city of
Richmond.
Mr. Gibson, from the same committee, presented an adverse report
to the proposition to establish a branch bank at Lebanon in the
county of Russell.
Mr. Rutherfoord, from the committee for courts of justice, at a
subsequent time reported the following bill:
No. 208. A bill to authorize William T. Ballow and S. B. Major,
trustees, to sell a church lot in the county of Halifax.
No. 15. An engrossed bill for the relief of Edward McCabe of
Harpers Ferry, was taken up, on motion of Mr. Gibson of Jefferson,
and read a third time; and the question being—Shall the bill pass?
the roll was called, with the following result:
HOUSE OF DELEGATES.
131
Ayes—Messrs. Carter, Chapman, Duckwall, J. T. Gibson, Graham, Kincheloe, Locke,
Lundy, McCamant, McCuc, Mong, Myers, Nervton, Randolph, Robinson, Rives, Ruther-
foord, Segar, Ward, Wilson, Woolfolk and Yerby—22.
Noes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Bassel, Bentley, Booker,
Boreman, Brown, Burks, Carpenter, Childs, Christian, Claiborne, Coleman, Cowan, Crane,
Crump, Davis, Dickenson, Edwards, Evans, Ferguson, Ferrill, Fleming, Garrett, J. Gilmer,
C. H. Gilmer, Goodycoontz, Hanly, Harrison, Haymond, Holdway, Hopkins, Huntt, Hun¬
ter, James, Jctt, Johnson, Keen, Kemper, Knotts, Leftwich, Lucas, Lynn, Mallory, J. G.
Martin, T. Martin, Massie, Matthews, Maupin, McGehee, McKinney, McKenzie, Miles, J.
R. Miller, Orgain, Patterson, Phelps, Preston, Pritchard, Reid, Richardson, Riddick, Shan¬
non, Sibert, J. K. Smith, I. N. Smith, Staples, Tomlin, Tyler, Walker, Watts, Welch, West,
Willcox and Wingtield—76.
Resolved, that the said bill be rejected.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road, was taken up, on motion of
Mr. Caperton, and on motion of Mr. Martin of Henry, was laid
upon the table.
On motion of Mr. Locke,
Resolved, that the committee of claims enquire into the expe¬
diency of allowing Redman & Gibson the amount of claims against
the state on account of the John Brown raid.
On motion of Mr. Porter,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending an act passed March 25, 1858,
entitled an act to provide for the opening and repairing of public
roads, and for repairing and building bridges in the counties of
Brooke and Hancock.
On motion of Mr. Friend,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the 29th section of chapter 158 of the
Code of 1849 as to authorize the circuit courts to allow their clerks
a sum for public services, not exceeding $100 for one year.
On motion of Mr. Davis,
Resolved, that the committee on military affairs enquire into the
expediency of changing the existing law so as to allow the officers
of the 131st regiment to hold their trainings at Lynchburg.
On motion of Mr. Miller of Shenandoah,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill refunding to Jacob Kipps taxes erroneously
paid.
On motion of Mr. Nelson,
Resolved, that the committee on finance be instructed to enquire
into the expediency of reporting a bill allowing commissions to John
Sclater, sheriff of Fluvanna, and remitting damages for failing to
pay promptly the revenue for which he was liable.
On motion of Mr. Segar,
Resolved, that the committee of claims enquire into the expediency
of satisfying a claim of Henry Exall for furnishing plan of alterations
in the hall of the house of delegates.
Mr. Woolfolk presented the petition of Maj. Rich'd Chapman,
praying to be relieved from certain fines imposed on him by the court
132
JOURNAL OF THE
of enquiry of the 3d regiment of Virginia militia; which was or¬
dered to be referred to the committee on military affairs.
On motion of Mr. C. H. Jones,
Resolved, that the committee on finance enquire into the expedi¬
ency of extending the time for the sheriffs of this state to pay in that
portion of the revenue due l-5th March.
On motion of Mr. Mallory,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to Joseph W. Harper of Dinwiddie
county the sum of sixty-one dollars, for license tax which he never
used.
On motion of Mr. Thompson,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of reporting a bill for es¬
tablishing the right of way from coal banks to landings on rivers, &c.
On motion of Mr. Baskekvill,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to William H. Morton, sen. of the county of
Mecklenburg, the sum of forty dollars and one cent, for taxes impro¬
perly paid by him in consequence of erroneous assessment.
On motion of Mr. West,
Resolved, that the committee on finance enquire into the propriety
of refunding to Benj. S. Reynolds $17 46, erroneously assessed
against him in the year 18-58, in the county of Harrison.
On motion of Mr. Keen,
Resolved, that the committee on banks enquire into the expedi¬
ency of authorizing the banks of this commonwealth to issue notes
of a less denomination than five dollars.
On motion of Mr. Haymond,
Resolved, that the committee for courts of justice enquire into the
propriety of providing by law that writs shall hereafter be made re¬
turnable to quarterly courts instead of monthly rules.
Mr. Morgan presented the petition of 29 citizens of the county of
Clarke, praying the passage of a stay law; which was ordered to be
referred to the committee for courts of justice.
On motion of Mr. Dickenson,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill amending the 4th section of chapter
141 of the Code, so as to allow a greater rate of interest than 6 per
cent, per annum by special contract, but not to exceed ten per cent,
per annum.
On motion of Mr. Duckwall,
Resolved, that the committee for courts of j ustice enquire into the
expediency of so changing the present law prescribing punishment
for petit larceny, as to authorize courts and juries to sentence per¬
sons convicted thereof, to labor on the public works of the state.
On motion of Mr. Bell,
Resolved, that the committee on military affairs enquire into the
expediency of so dividing the 97tli regiment of the militia as to
HOUSE OF DELEGATES.
133
allow two battalion musters—one in the lower part of the county of
Page, and the other in the upper portion of said county.
On motion of Mr. Huntt, the following resolution, heretofore sub¬
mitted by him, was taken up and agreed to :
Resolved, that the committee of roads and internal navigation be
requested to lay before this house such proof, if any, of the ability
of the firm of Bellot des Minieres, Bros. & Co. to execute their con¬
tract, made in August last, for the purchase and completion of the
James river and Kanawha canal.
Mr. Bassel presented the petition of citizens of Upshur county,
praying the passage of a stay law; which was ordered to be referred
to the committee for courts of justice.
Mr. Shannon presented the petition of Leonard Sexton and others;
which was ordered to be referred to the committee for courts of
justice.
Mr. Harrison presented the petition of citizens of Rockingham
county, for the relief of John Robinson, a free man of color; which
was ordered to be referred to the committee of propositions and
grievances.
On motion of Mr. Hopkins, the following addition to the rules of
the house, in pursuance of notice heretofore given, was agreed to:
51. That on all motions to lie on the table, and on motions relat¬
ing to the priority of business, the member making such motion may
be heard not exceeding three minutes in support of such motion, and
one member for the same time in opposition thereto; whereupon,
the question shall be put without further debate.
On motion of Mr. Shannon,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill to authorize the sale of
a lot of land at Chatham hill in Smyth county, and the application
of the fun a arising from the sale of said lot to the purchase of an¬
other lot, and the erection of a schoolhouse.
Mr. Alderson presented a petition for a new county out of parts
of Greenbrier, Fayette and Nicholas counties ; which was ordered to
be referred to the committee of propositions and grievances.
Mr. Bailey presented a petition from sundry citizens of McDowell,
relating to the location of the county seat of that county; which
was ordered to be referred to the committee of propositions and
grievances.
Mr. McKenzie presented the petition of J. N. Harper &, Co.,
Wheat & Bro. and C. F. Suttle & Co., against altering the laws
taxing vessels retailing wood; which was ordered to be referred to
the committee on finance.
Mr. Bassel presented the petition of citizens of Upshur county,
praying relief for taxes erroneously paid; which was ordered to be
referred to the committee 011 finance.
Mr. Miller of Shenandoah moved that the house do now adjourn ;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
134
JOURNAL OF THE
On motion of Mr. Jett, the vote was recorded as follows:
Ayes—Messrs. Bell, Booker, Boreman, Chapman, Childs, Christian, Claiborne, Cowan,
•Duckwall, Edwards, Evans, Ferguson, Ferrill, Fleming, Garrett, J. T. Gibson, J. Gilmer,
Harrison, Hoffman, Hopkins, Huntt, James, Keen, Kemper, Leftwich, Locke, Lynn, Ma-
grader, Mallory, J. G. Martin, T. Martin, McCamant, McCue, McKenzie, J. R. Miller,
Mong, Nelson, Orgain, Preston, Robertson, Rutherfoord, Sibert, I. N. Smith, Staples,
Thompson, Walker, Watts, Wingfield, Woolfolk and Yerby—51.
Noes—Messrs. Crutchfield (speaker), Alderson, Ball, Ballard, Baskervill, Bassel, Burks,
Carter, Coleman, Crump, Davis, Dickenson, D. Gibson, C. H. Gilmer, Goodycoontz, Gra¬
ham, Hanly, Haymond, Hackley, Holdway, Hunter, Jett, Johnson, Kaufman, Knotts, Lu¬
cas, Massie, Matthews, Maupin, McGehee, Miles, Myers, Patterson, Pritchard, Reid, Rich¬
ardson, Robinson, Rives, Saunders, Shannon, J. K. Smith, Ward, A. Watson, West and
Willcox—45.
The house then adjourned until to-morrow, 11 o'clock.
SATURDAY, February 16, 1861.
Prayer by Rev. Mr. Saul of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 15, 1861.
The senate have passed house bills entitled :
An act to amend the 1st section of an act entitled an act for the
encouragement of certain volunteer military companies in the city of
Wheeling, passed March 27th, 1858, No. 57.
An act authorizing the trustees of the First Presbyterian church in
the city of Portsmouth to execute a deed of trust on said property,
No. 71.
And they have agreed to the amendments proposed by the house
of delegates to bill entitled :
An act for the protection of the fisheries on the waters of the
Chesapeake bay and its tributaries below tide water, No. 107.
They have passed bills entitled :
An act for the relief of the securities of James R. Courtney of
Westmoreland county, No. 50.
An act increasing the number of permanent clerks in the office of
the auditor of public accounts, No. 47.
An act to amend the sixth section of chapter 165 of the Code so
as to allow compensation to attorneys for the commonwealth in the
circuit courts of towns and cities, for services heretofore performed
by them, No. 72.
In which bills they respectfully request the concurrence of the
house of delegates.
No. 47. A senate bill entitled an act increasing the number of
permanent clerks in the office of the auditor of public accounts.
No. 50. A senate bill entitled an act for the relief of the securi¬
ties of James R. Courtney of Westmoreland county:
Were read a first and second times, and referred to the committee on
finance.
HOUSE OF DELEGATES.
135
No. 72. A senate bill entitled an act to amend the sixth section
of chapter 165 of the Code, so as to allow compensation to attorneys
for the commonwealth in the circuit courts of towns and cities for
services heretofore performed by them, was read a first and second
times, and referred to the committee for courts of justice.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 209. A bill to amend and re-enact sections fourth and fifth of
the act providing for the voluntary enslavement of free negroes of
the commonwealth, passed 18th February 1856.
Mr. Wingfield, from the committee of claims, presented the fol¬
lowing reports:
An adverse report to claim of Wm. H. Winder of Matthews
county.
An adverse report to petition of A. P. Routt and R. W. Brooking
of Orange county.
Mr. Kemper, from the committee on military affairs, presented the
following bill:
No. 210. A bill providing for the purchase and distribution of
books of instruction for the use of the military officers of the state.
Mr. Kemper, from the same committee, presented the following re¬
ports :
An adverse report to the formation of a rifle volunteer company
in the county of Greene, with less than the minimum number pre¬
scribed by law.
An adverse report to the petition of Maj. Richard Chapman.
The following senate bills were read a third time and passed :
No. 68. An act to amend the charter of the Merchants Bank of
Virginia.
No. 90. An act to incorporate the Amherst and Nelson woolen
manufacturing company in the county of Nelson.
No. 71. An act to incorporate the Manchester savings bank in the
town of Manchester.
No. 87. An act incorporating the Independence male and female
college in the county of Grayson.
No. 5-3. An act to authorize the governor of the commonwealth
to pardon a negro slave Tom, and restore said slave to his owner.
Ayes—Messrs. Aldcrson, Anderson, Bailey, Ball, Ballard, Barbour, Baskervill, Bassel,
Bell, Bcntley, Bisbie, Boreman, Brown, Burks, Caperton, Carpenter, Cassin, Chapman,
Cbilds, Christian, Coleman, Cowan, Crane, Crump, Davis, Duckwall, Edwards, Evans, Fer-
rill, Fleming, Friend, Frost, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, C. II. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley, Hopkins, Huntt,
Hunter, James, Jett, C. H. Jones, Kaufman, Keen, Kee, Kemper, Kincheloe, Knote, Left-
wicli, Locke, Lucas, Lundy, Lynn, Magruder, Mallory, J. G. Martin, T. Martin, W. Mar¬
tin, Massic, Matthews, McCamant, McCuc, McGehee, McGruder, McKinney, McKenzie,
Medley, Miles, J. R. Miller, Mong, Morgan, Morris, Myers, Nelson, Newton, Orgain, Pat¬
terson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick,
Robinson, Rives, Rutherfoord, Saunders, Scott, Shannon, Sibcrt, J. K. Smith, I. N. Smith,
-Staples, Thomas, Thompson, Tomlin, Tyler, Walker, Ward, A. Watson, E. Watson, Watts,
Welch, West, Wilson, Willcox, Wingfield, Wood and Woolfolk—120.
No—Mr. Dickenson—1.
Ordered, that the clerk inform the senate thereof.
No. 48. An engrossed bill for the voluntary enslavement of B. W.
136
JOURNAL OF THE
Love and Isaac Burnett, without compensation to the state, was
taken up on motion of Mr. Baskervill.
On motion of Mr. Baskervill, the rules were suspended with a
view to reconsider the vote by which the bill was ordered to its en¬
grossment.
Mr. Magruder submitted a substitute for the bill.
On motion of Mr. Baskervill, the bill and substitute were re¬
ferred to the committee on the subject of free negroes.
On motion of Mr. Woolfolk, the committee on the subject of
free negroes was enlarged by the addition of four members.
The Speaker announced the following as the committee: Messrs.
Baskervill, Duckwall, Riddick and Garrett.
No. 54. A senate bill entitled an act to stay the proceedings on
executions, trust deeds and other demands, in cases of refusal to re¬
ceive bank notes, was, on motion of Mr. Keen, laid on the table.
On motion of Mr. Gibson of Hampshire,
Resolved, that the committee on banks enquire into the expediency
of repealing so much of the law as requires the publication of the
annual tabular statements from the several banks of this common¬
wealth.
On motion of Mr. Evans,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to the county of Middlesex the amount of mo¬
ney paid by the said county for a set of weights and measures which
wefe not received by said county, the county court having rescinded
its order authorizing the same to be procured.
On motion of Mr. Alderson,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill for the relief of the securities of Wilson
Abbot, late sheriff of Raleigh county.
Mr. Ballard presented the petition of John Hail, commissioner of
Logan county; which was ordered to be referred to the committee
on finance.
Mr. Ballard presented the petition of Joel Elkins, praying to be
relieved from a fine; which was ordered to be referred to the com¬
mittee on finance.
On motion of Mr. Porter,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the charter of the Holliday's
cove rail road company.
On motion of Mr. Peitchard,
Resolved, that the committee on finance enquire into the expediency
of refunding to James Rix the sum of forty dollars, a fine improperly
imposed on him in the circuit court of Marion county.
On motion of Mr. Holdway,
Resolved, that the committee on finance enquire into the expe¬
diency of relieving Joseph Hagan of the county of Scott from the
payment of taxes erroneously assessed in the county of Wise.
Mr. Holdway presented the petition of James Hagan on the sub¬
ject of the foregoing resolution; which was ordered to be referred
to the committee on finance.
HOUSE OF DELEGATES.
137
On motion of Mr. Magruder,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill amending the istli section of chapter
191 of the Code of Virginia.
On motion of Mr. McKenzie,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law that all free negroes sold for crime,
or free negroes enslaved in case of committing any crime hereafter,
shall not be paid for out of the state treasury.
On motion of Mr. Keen,
Resolved, that the committee on banks enquire into the expe¬
diency of suspending for a time the law requiring one-fifth of coin
to be held in the banks.
On motion of Mr. Christian,
Resolved, that the committee on finance enquire into the expedi¬
ency of readjusting the tax on livery stables.
Mr. Christian presented the petition of the Central Bank, for re¬
newal of its charter; which was ordered to be referred to the com¬
mittee on banks.
Mr. Hoffman presented the petition of the citizens of Harrison,
for the amendment of the laws relative to ferries ; which was ordered
to be referred to the committee of roads and internal navigation.
On motion of Mr. Wingfield,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the 3d section of chapter 170 of the Code
of Virginia.
On motion of Mr. Locke,
Resolved, that the committee of claims enquire into the expedi¬
ency of allowing John Avis, late jailor of Jefferson, a sum of mone}"
for board furnished guards during the John Brown raid.
On motion of Mr. Preston,
Resolved, that the committee on banks enquire into the expedi¬
ency of reporting a bill amending the act passed March 29, 1860,
providing for the establishment of a branch bank at Abingdon..
No. 55. A senate bill entitled an act establishing a branch bank
in the town of Liberty in the county of Bedford, with the resolution
of the committee on banks, that the bill shall not pass, was taken
up ; and the question being on agreeing to the resolution of the com¬
mittee, was put, and decided in the affirmative.
Resolved, that the bill be rejected.
The following senate bill was read a third time and passed:
No. 94. A senate bill entitled an act to incorporate the Southern
manufacturing company.
Ordered, that the clerk inform the senate thereof.
No. 61. A senate bill entitled an act to amend and re-enact the
1st and 3d sections of an act entitled an act to incorporate a com¬
pany to construct, on the plan of James S. French, a rail road be¬
tween Alexandria and Washington, passed February 27, 1854, was
read a third time, and on motion of Mr. Myers, laid on the table.
Mr. Keen submitted the following resolution; and the question
18
138
JOURNAL OF THE
being on agreeing thereto, Mr. Duckwall demanded the previous
question; which was sustained by the house; and being put, was
decided in the negative.
Resolved, that the use of the hall of the house of delegates be and
hereby is tendered to the convention of the people of Virginia now in
session, during the forenoon and until 4 o'clock in the afternoon of each
day; and from and after the acceptance of the above tender by the
convention, the sessions of this house shall commence at 4 o'clock
P. M. on each day until otherwise ordered.
On motion of Mr. Duckwall, the house adjourned until Monday,
11 o'clock.
Note.—The committee oil the subject of free negroes, heretofore announced by
the Speaker, is as follows:
Messrs. Woolfolk, McCamant, Rives, McGehee, Martin of Nelson, Montague.
Kincheloe, Edgington, Orgain, Duckwall, Baskervill, Riddick and Garrett.
MONDAY, February 18, 1861.
Prayer by Rev. Mr. Jacobs of the Mayo street congregation.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 16, 1861.
The senate have passed house bills entitled:
An act amending the 1st section of the act forming the county of
Webster, No. 112.
An act amending the charter of the town of Bath in the county
of Morgan, No. 121.
An act amending the second section of an act entitled an act in¬
corporating the town of Bethany, passed April 5th, 1853, No. 33.
And they have passed house bill entitled:
An act to incorporate the Western Virginia insurance company,
No. 31, with an amendment.
They have also passed bills entitled:
An act to authorize the issue of registered certificates of state
stock to Franklin Torrey in lieu of two lost bonds, No. 81.
An act authorizing the payment to Scott and Adams of a sum of
money for work done on the Southwestern turnpike, No. 82.
In which amendment and bills they respectfully request the con¬
currence of the house of delegates.
The amendment proposed by the senate to house bill entitled an
act to incorporate the Western Virginia insurance company, was
agreed to.
No. 82. A senate bill entitled an act authorizing the payment to
Scott & Adams of a sum of money for work done on the South¬
western turnpike, was read a first and second times, and on motion
of Mr. Davis, read a third time and passed.
HOUSE OF DELEGATES.
139
Ayes—Messrs. Alderson, Anderson, Arnold, Ball, Ballard, Bassel, Bell, Bent-ley, Burks,
Cassin, Chapman, Childs, Claiborne, Coleman, Crane, Davis, Duckwall, Fleming, Friend,
Frost, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Hanly, Harri¬
son, Haymond, Hackley, Hoffman, Holdway, Huntt, Hunter, James, Jett. Johnson, W.
T. Jones, Kaufman, Keen, Kee, Kincheloe, Leftwich, Locke, Lockridge, Lucas, Lundy,
Lynn, Magruder, Mallory, J. G. Martin, T. Martin, W. Martin, Matthews, Maupin, McCa-
mant, McCue, McGruder, McKinney, McKenzie, Miles, D. Miller, J. R. Miller, Morgan,
Morris, Myers, Patterson, Phelps, Porter, Preston, Pritchard, Reid, Richardson, Robertson,
Rives, Rutherfoord, Saunders, Shannon, Sibert, J. K. Smith, I. N. Smith, Staples, Tomlin,
Tyler, Walker, Ward, A. Watson, E. Watson, Watts, Willcox, Witten, Wood, Woolfolk and
Yerby—96.
Noes—Messrs. McGehee and West—2.
No. 81. A senate bill entitled an act to authorize the issue of re¬
gistered certificates of state stock to Franklin Torrey in lieu of two
lost bonds, was read a first and second times, and referred to the
committee on finance.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 211. A bill changing the time of holding circuit courts in the
town of Danville.
Mr. Magruder, from the committee of propositions and grievances,
to whom had been referred
No. 11. A senate bill entitled an act to incorporate the St. Paul's
church home, reported the same without amendment.
Mr. Chapman, from the committee of roads and internal navigation,
presented the following bill:
No. 212. A bill authorizing the amendment of the charter of the
Holliday's cove rail road company.
Mr. Haymond, from the committee on finance, to whom had been
referred the following senate bills :
No. 50. A senate bill entitled an act for the relief of James R.
Courtney of Westmoreland county; and
No. 80. A senate bill entitled an act to appropriate a sum neces¬
sary to pay for the preparation and publication of the second edition
of the Code, reported the same with amendments.
Mr. Haymond, from the same committee, presented the following
bill:
No. 213. A bill for the relief of the securities of Hilton Fitzhugh,
late sheriff of Prince William county.
Mr. Gibson, from the committee on banks, to whom had been re¬
ferred
No. 69. A senate bill entitled an act authorizing the Merchants
Bank of Virginia to establish branches at Rockymount, Liberty,
Goodson and Princeton, reported the same with an amendment, and
with a recommendation that the bill be rejected.
On motion of Mr. Robertson, the house adjourned until to-mor¬
row, 11 o'clock.
140
JOURNAL OF THE
TUESDAY, February 19, 1861.
Prayer by Rev. Mr. Jacobs of the Mayo street congregation.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 18, 1861.
The senate have passed house bill entitled:
An act to incorporate the Sweet Chalybeate springs company,
No. 46.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bills:
No. 214. A bill releasing the securities of Winston Shelton, late
sheriff of Nicholas county, from the payment of damages.
No. 21-5. A bill refunding to Isaac Shobe a sum of money paid on
an erroneous assessment of land.
No. 216. A bill authorizing the 2nd auditor to receive from the
Norfolk and Petersburg rail road company state bonds at par for the
payment of interest and dividends.
No. 217. A bill refunding a sum of money paid by the county of
Middlesex for a set of weights and measures.
Mr. Haymond, from the same committee, to whom had been
referred
No. 81. A senate bill entitled an act to authorize the issue of re¬
gistered certificates of state stock to Franklin Torrey in lieu of two
lost bonds, reported the same without amendment.
Mr. Chapman, from the committee on roads and internal naviga¬
tion, presented the following bill:
No. 218. A bill to incorporate the Virginia canal company, and to
transfer the rights and franchises of the James river and Kanawha
company thereto; which, on his motion, was read a first time, and
ordered to be read a second time.
Mr. Robertson presented the petition of the field and staff officers
of the 4th regiment of cavalry, for removal to Virginia of the re¬
mains of General Harry Lee, which was ordered to be referred to
the committee on military affairs.
On motion of Mr. Frost,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of reporting a bill incorporating the Jack¬
son county agricultural society.
Mr. Bentley presented the petition of certain officers and privates
of the 57th regiment of Virginia militia, asking compensation for
certain companies of said regiment, for services rendered by them
during the John Brown raid; which was ordered to be referred to the
committee on military affairs.
On motion of Mr. Harrison,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to Andrew L. Lindsey a certain sum of money
paid by him on account of an erroneous assessment of his property
in the county of Rockingham, and of correcting the assessment
thereof.
HOUSE OF DELEGATES. 141
Mr. Morris presented the remonstrance of James Garvin and
others, against the repeal of the road law in Marshall county; which
was ordered to be referred to the committee of propositions and
grievances.
On motion of Mr. Newton,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to Robert W. Tomlin of Hanover county the sum
of § 37 99, improperly paid for taxes.
Mr. Crane presented the petition of Jacob W. Marshall and forty-
one others, praying the passage of a bill transferring the Huttons-
ville and Huntersville turnpike to the counties through which the
road passes; which was ordered to be referred to the committee of
roads and internal navigation.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented a report upon the subject of the sale of the James
river and Kanawha canal to Messrs. Bellot des Minieres, Brothers &
Company; which, on his motion, was laid on the table and 500 co¬
pies ordered to be printed. Doc. No. 31.
No. 50. A senate bill entitled an act for the relief of the securities
of James R. Courtney of Westmoreland county, with the amend¬
ments proposed thereto, was taken up.
The amendment was agreed to. The bill was then read a third
time and passed.
Ayes—Messrs. Alderson, Anderson, Arnold, Ballard, Bell, Bentley, Boreman, Brown,
Burks, Caperton, Cassin, Chapman, Childs, Coleman, Collier, Crane, Crump, Davis, Duck-
wall, Edwards, Evans, Ferguson, Ferrill, Fleming, Friend, Frost, D. Gibson, J. T. Gibson,
J. Gilmer, C. H. Gilmer, Graham, Grattan, Hanly, Haymond, Hackley, Hoffman, Holdway,
Hopkins, Huntt, Hunter, James, Jett, Johnson, Kaufman, Keen, Kincheloe, Knotts, Left-
wich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, Mallory; J. G. Martin, Massie,
Maupin, McCamant, McDowell, McGehee, McGruder, McKinney, McKenzie, Medley, Miles,
J. R. Miller, Mong, Morgan, Morris, Myers, Nelson, Newton, Patterson, Phelps, Porter,
Pritchard, Randolph, Reid, Richardson, Robinson, Rives, Saunders, Shannon, Sibert, J. K.
Smith, Staples, Thomas, Tomlin, Tyler, Walker, Ward, A. Watson, E. Watson, Watts,
West, Wingfield, Witten, Wood, Woolfolk and Yerby—101.
Noes—Messrs. Claiborne, W. T. Jones and Wilson—3.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 11. A senate bill entitled an act to incorporate St. Paul's
church home, was read a third time and passed.
No. 64. A senate bill entitled an act to protect the interests of
the commonwealth and others in rail road and steam boat companies
in this state, on the two lines between Baltimore and Weldon, was
read a third time and passed.
Ayes—Messrs. Alderson, Bailey, Ballard, Bell, Boreman, Brown, Caperton, Cassin, Chap¬
man, Childs, Claiborne, Coleman, Collier, Crump, Dickenson, Edwards, Ferguson, Ferrill,
Fleming, Friend, Garrett, D. Gibson, J. T. Gibson, C. H. Gilmer, Graham, Grattan, Hanly,
Haymond, Hackley, Hoffman, Holdway, Hopkins, Hunter, James, Jett, Johnson, Kauf¬
man, Keen, Kincheloe, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Mallory, Massie,
Maupin, McCamant, McDowell, McGruder, McKinney, McKenzie, Medley, Miles, J. R.
Miller, Mong, Morris, Myers, Newton, Patterson, Pritchard, Randolph, Reid, Richardson,
Robertson, Robinson, Saunders, Shannon, Sibert, J. K. Smith, Thomas, Ward, A. Watson,
E. Watson, West, Woolfolk and Yerby—79.
Noes—Messrs. Burks, Duckwall, Huntt, McGehee, Orgain, Rives, Tomlin and Wing-
field—8.
Ordered, that the clerk inform the senate thereof.
142
journal of the
No. 69. A senate bill entitled an act - authorizing the Merchants
Bank of Virginia to establish branches at Rockymount, Liberty,
Goodson and Princeton, was read a third time, and on motion of Mr.
Hopkins, laid on the table.
No. 80. A senate bill entitled an act to appropriate a sum neces¬
sary to pay for the preparation and publication of the second edition
of the Code of Virginia, with the amendment thereto by the com¬
mittee on finance, was, on motion of Mr. Collier, recommitted to
the same committee.
On motion of Mr. Sibert, the house adjourned until to-morrow,
11 o'clock.
WEDNESDAY, February 20, 1861.
Prayer by Rev. Mr. Jacobs of the Mayo street congregation.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 19, 1861.
The senate have passed house bill, entitled :
An act to amend an act to increase the capital stock of the Rich¬
mond and Danville rail road company, and for other purposes, No. 39.
And they have passed bills entitled:
An act to authorize an issue of preferred stock by the Alexandria,
Mount Vernon and Accotink turnpike company, No. 91.
An act to incorporate the Baltimore and Fredericksburg steam
boat company, No. 119.
In which bills they respectfully request the concurrence of the
house of delegates.
No. 119. A senate bill entitled an act to incorporate the Baltimore
and Fredericksburg steam boat company; and
No. 91. A senate bill entitled an act to authorize an issue of pre¬
ferred stock by the Alexandria, Mount Vernon and Accotink turnpike
company, were read a first and second times, and on motions severally
made, were read a third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bill:
No. 218. A bill refunding to Wm. H. Morton a sum of money
paid on an erroneous assessment of land.
Mr. Haymond, from the same committee, to whom had been re¬
committed
No. 80. A senate bill entitled an act to appropriate a sum of money
necessary to pay for the preparation and publication of the second
edition of the Code of Virginia, reported the same without amend¬
ment.
Mr. Woolfolk, from the committee on the subject of free negroes,
presented the following bill:
HOUSE OP DELEGATES.
143
No. 219. A bill for the voluntary enslavement of free negroes
without compensation to the commonwealth, which on his motion
was read a first time and ordered to be read a second time.
The Speaker laid before the house a communication from the
governor of the commonwealth, enclosing a communication from the
Hon. John Robertson, commissioner to the seceding states, with sun¬
dry documents therewith; which were read and ordered to be
printed. Doc. No. 32.
The Speaker laid before the house a communication from the
governor of the commonwealth enclosing a resolution adopted by the
legislature of Texas, which were read and ordered to be printed.
Doc. No. 33.
The Speaker laid before the house a communication from the
governor, enclosing certain resolutions adopted by the legislature of
the state of Michigan; which were read and ordered to be laid on the
table.
No. 38. A bill incorporating the Norfolk county railway company,
was taken up, on motion of Mr. Martin of Norfolk, read a second
time, and ordered to be engrossed and read a third time; and being
forthwith engrossed (two-thirds concurring), was read a third time
and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 61. A senate bill entitled an act to amend and re-enact the
1st and 3d sections of act entitled an act to incorporate a company
to construct, on the plan of James S. French, a rail road between
Alexandria and Washington, passed Feb. 27, 1854, was taken up, on
motion of Mr. Myers, amended, and as amended, read a third time
and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Ward presented the petition of citizens of Frederick, praying
for the passage of a general law authorizing the erection of work
houses ; which was ordered to be referred to the committee for courts
of justice.
No. 217. A bill refunding a sum of money paid by the county of
Middlesex for a set of weights and measures, was taken up, on mo¬
tion of Mr. Evans, read a first and second times, and ordered to be
engrossed and read a third time.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road, was taken up, on motion of
Mr. Martin of Henry.
Mr. Martin moved to amend the bill by striking out that portion
thereof in the first section which suspended the sale of state bonds
for other improvements except the Covington and Ohio rail road; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
On motion of Mr. Jones of Appomattox, the vote was recorded
as follows:
144
JOURNAL OF THE
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bar¬
bour, Bentley, Booker, Boreman, Caperton, Carpenter, Carter, Chapman, Christian, Crump,
Davis, Dickenson, Duckwall, Ferrill, Frost, J. Gilmer, Goodycoontz, Graham, Grattan,
Hanly, Harrison, Hackley, Hoidwav, Hopkins, Hunter, James, Jett, Keen, Kee, Kincheloe,
Knotts, Leftwich, Lucas, Mag-ruder, W. Martin, Massie, Matthews, Maupin, McCamant,
McCue, McDowell, McKenzie, Miles, D. Miller, J. R. Miller, Montague, Morgan, Myers.
Nelson, Newton, Patterson, Preston, Reid, Richardson, Robertson, Rutherfoord, Saunders,
Shannon, Sibert, I. N. Smith, Staples, Thompson, Walker, Ward, Welch, Willcox, Wit-
ten and Wood—74.
Noes—Messrs. Bassel, Bell, Brown, Burks, Edwards, Fleming, Friend, Garrett, D. Gib¬
son, Haymond, Hoffman, Huntt, Johnson, C. II. Jones, W. T. Jones, Kaufman, Lockridge,
Lttndy, Lynn, Mallory, McGelieo, McKinney, Medley, Morris, Orgain, Pretlow, Pritchard,
Riddick, Rives, J. K. Smith, Tyler, A. Watson, E. Watson, Watts, West, Wilson, Wing-
field and Yerby—38.
The bill was then further amended, and as amended, read a second
time, and ordered to be engrossed and read a third time.
Mr* Mallory presented the petition of the trustees of Ebenezer
academy in the county of Brunswick; which was ordered to be re¬
ferred to the committee of schools and colleges.
On motion of Mr. Duckwall, the house adjourned until to-mor¬
row, 11 o'clock.
THURSDAY, February 21, 1861.
Prayer by Rev. Mr. Jacobs of the Mayo street congregation.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, Feb. 20, 1861.
The senate have agreed to the amendment proposed by the house
of delegates to senate bill entitled:
An act for the relief of the securities of James R. Courtney of
Westmoreland county, No. 50.
The Speaker laid before the house a communication from the
governor, enclosing a letter from the superintendent of the armory;
which was ordered to be printed, and referred to the committee on
military affairs. Doc. No. 84.
Mr. Wingfield, from the committee of claims, presented the fol¬
lowing bills:
No. 220. A bill authorizing the payment of a sum of money to
Henry Exall of the city of Richmond, for services rendered and ex¬
penses incurred in altering and repairing the state courthouse in the
city of Richmond.
No. 221. A bill for the relief of John Avis, late jailor of Jeffer¬
son county.
Mr. Haymond, from the committee on finance, to whom had been
referred
No. 38. A senate bill entitled an act to refund to James S. Con-
nell and David Polsley a sum of money improperly paid by them
into the treasury as tax on land in Roane county, reported the same
with an amendment.
HOUSE OF -DELEGATES.
145
Mr. Haymond, from the same committee, presented the following
bills:
No. 222. A bill requiring reports from savings banks and certain
insurance companies, and imposing taxes thereon.
No. 223. A bill refunding to James W. Larue a sum of money
paid on an erroneous assessment.
On motion of Mr. Collier,
Resolved, that the committee on banks enquire into the expediency
of requiring the banks of this state to make an annual statement
showing all dividends and deposits unclaimed for a period of three
years, exceeding three dollars, and the names of parties to whose
credit such dividends and deposits are standing on the books of such
banks.
On motion of Mr. A. Watson,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the sixth section of chapter two hundred of
the Code of Virginia.
On motion of Mr. Friend,
Resolved, that th'e committee for courts of justice enquire into the
expediency of authorizing justices of the peace to issue garnishee
processes on their judgments.
On motion of Mr. Richardson,
Resolved, that the committee on banks be instructed to enquire
into the expediency of amending and re-enacting the 9th section of
an act passed 12th February 1853. entitled an act to incorporate the
Bank of Wheeling.
On motion of Mr. Fleming,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of reporting a bill instruct¬
ing the Board of public works to divide the Staunton and Parkers-
burg road into two sections, and appoint a superintendent for each
section.
Mr. Morris presented the petition of Robert McConnell and others,
for the release of Ann McGuire from her imprisonment in the county
jail of Marshall county; which was ordered to be referred to the
committee for courts of justice.
On motion of Mr. Magruder,
Resolved, that the committee on military affairs enquire ipto the
expediency of reporting a bill to authorize the volunteer companies
of Scottsville and Howardsville to form a battalion.
On motion of Mr. Thomas,
Resolved, that the committee on banks enquire into the expediency
of enforcing, by proper penalties, the requirements on the banks
for quarterly statements of their condition.
On motion of Mr. Montague,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of reporting a bill authorizing the construc¬
tion of a turnpike road from the New river White sulphur springs in
Giles county to Vicker's switch on the Virginia and Tennessee rail
road, on the joint stock principle.
19
146
JOURNAL OF THE
On motion of Mr. McKenzie,
Resolved, that when this house adjourns to-day, it adjourn to meet
on Saturday next, 11 o'clock.
On motion of Mr. Baskervill,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to the estate of Richard Boyd a sum of money
for taxes improperly paid under erroneous assessment.
Mr. Haymond presented a petition for the relief of Edward Moore,
late sheriff of Wetzel county; which was ordered to be referred to
the committee on finance.
No. 171. An engrossed bill for the partial suspension of the sale
of state bonds, and to provide for complying with contracts already
made upon the Covington and Ohio rail road, was taken up, on mo¬
tion of Mr. Rutherfoord, and read a third time; and the question
being on the passage of the bill, Mr. Walker demanded the pre¬
vious question; which was sustained by the house; and being put,
was decided in the negative.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bar¬
bour, Baskervill, Bentley, Bisbie, Caperton, Carpenter, Carter, Chapman, Christian, Cole¬
man, Duckwall, Edgington, Ferguson, Fleming, Frost, D. Gibson, J. T. Gibson, Grattan,
Hanly, Harrison, Hackley, Hunter, W. T. Jones, Kemper, Locke, Lockridge, Lucas, Ma-
gruder, W. Martin, Massie, Matthews, Maupin, McCamant, McCue, McDowell, McGruder,
McKenzie, J. R. Miller, Montague, Morgan, Myers, Nelson, Newton, Orgain, Patterson,
Preston, Reid, Rutherfoord, Saunders, Seddon, Sibert, I. N. Smith, Staples, Thompson,
Tyler, Walker, Ward, Welch, Willcox, Wit-ten and Woolfolk—67.
Noes—Messrs. Arnold, Bassel, Bell, Booker, Brown, Burks, Cassin, Childs, Collier,
Crane, Cramp, Davis, Dickenson, Edwards, Ferrill, Friend, Garrett, J. Gilmer, C. H. Gil¬
mer, Goodycoontz, Graham, Haymond, Hoffman, Hopkins, Huntt, Jett, Johnson, C. H.
Jones, Kaufman, Kincheloe, Knotts, Leftwich, Lundy, Lynn, Mallory, T. Martin, McGehee,
McKinney, Medley, Miles, Mong, Morris, Phelps, Pritchard, Randolph, Richardson, Ro¬
bertson, Robinson, Rives, Scott, Shannon, J. K. Smith, Tornlin, A. Watson, Watts, West,
Wilson, Wingfield and Yerby—58.
Seventy-seven votes not having been given for the bill,
Resolved, that the bill be rejected.
On motion of Mr. Graham, the rule of the house was suspended,
with the view to reconsider the vote rejecting the bill, and the bill
laid 011 the table.
A message was received from the senate by Mr. Pennybacker,
who informed the house of delegates that the senate had passed a bill
authorizing the county court of Rockingham county to loan to the
Manassas gap rail road company a sum of money; in which they
respectfully asked the concurrence of the house of delegates.
Subsequently the bill was read a first and second times, and on
motion of Mr. Walker, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 17. An engrossed bill re-enacting and amending an act passed
March 15, 1849, incorporating the Glenville and Charleston turnpike
company, was taken up.
On motion of Mr. Knotts, the vote of the house ordering the bill
to its engrossment, was reconsidered.
The bill was then amended, and as amended, read a second time,
and ordered to be engrossed and read a third time.
Mr. Baskervill, from the special committee on the subject of free
negroes, presented the following bill:
HOUSE OF DELEGATES.
147
No. 224. A bill to prevent the emancipation of slaves by will.
On motion of Mr. Mallory,
Resolved, that the committee of schools and colleges enquire into
the expediency of authorizing the trustees of Ebenezer academy in
the county of Brunswick to sell the said academy and land belonging
to it, and to apply the proceeds of sale for the benefit of indigent
children in the county of Brunswick.
On motion of Mr. Hopkins,
Resolved, that the committee for courts of justice enquire into the
expediency of repealing the 7th section of chapter 206 of the Code
of I860.
Mr. Lockridge presented the petition of sundry citizens of Ran¬
dolph and Pocahontas counties, for a further appropriation to the
Huttonsville and Huntersville turnpike road; which was ordered to
be referred to the committee of roads and internal navigation.
No. 19. An engrossed bill to amend and re-enact the second sec¬
tion of an act passed February 8th, 1860, to revive and amend an
act passed March 1st, 1853, entitled an act to revive and amend the
charter of the'Little Kanawha navigation company, was taken up.
Mr. Haymond submitted a ryder to the bill. Pending the conside¬
ration of which, on motion of Mr. Duckwall, the bill and ryder
were laid on the table.
On motion of Mr. Duckwall, the house adjourned until Saturday,
11 o'clock.
SATURDAY, February 23, 1861.
Prayer by Rev. Mr. Jacobs of the Mayo street congregation.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 21, 1861.
The senate have passed bills entitled:
An act authorizing the superintendent of the armory to provide
quarters for a portion of the public guard, No. 32.
An act providing for the location of the courthouse, jail and other
public buildings of the county of McDowell, No. 104.
An act to incorporate the Chesterfield car, locomotive and agri¬
cultural implement manufacturing company, No. 108.
An act to incorporate the James river boot, shoe and leather manu¬
facturing company, No. 109.
An act to authorize the Bank of the Commonwealth, the Merchants
Bank of Virginia at Lynqhburg and the Traders Bank of Richmond
to establish a branch bank at Alexandria, No. 116.
An act to incorporate the Mount Vernon insurance company,
No. 118.
An act to amend the act to amend the pilot laws in regard to the
AT/-. 1 no
148
JOURNAL OF THE
In which they respectfully request the concurrence of the house
of delegates.
No. 32. A senate bill entitled an act authorizing the superinten¬
dent of the armory to provide quarters for a portion of the public
guard, was read a first and second times, and on motion of Mr. Ro¬
bertson, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Basker-
vill, Bass, Bassel, Bentley, Bisbie, Boisseau, Booker, Burks, Caperton, Carter, Cassin,
Chapman, Childs, Christian, Coleman, Collier, Crump, Davis, Dickenson, Duckwall, Ed¬
wards, Evans, Ferguson, Ferrill, Fleming, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gil¬
mer, Goodycoontz, Graham, Grattan, Haymond, Hackley, Hoffman, Holdway, Hopkins, Hun¬
ter, James, Jett, C. H. Jones, W. T. Jones, Kaufiman, Keen, Kemper, Kincheloe, Knote, Locke,
Lockridge, Lucas, Lundy, Lynn, W. Martin, Massie, Matthews, Maupin, McCamant, Mc-
Cue, McDowell, McGruder, McKinney, Miles, D. Miller, J. R. Miller, Mong, Montague,
Morgan, Morris, Myers, Nelson, Orgain, Patterson, Porter, Preston, Pretlow, Pritchard,
Randolph, Eeid, Richardson, Robertson, Robinson, Rives, Rutherfoord, Saunders, Scott,
Shannon, Sibert, Staples, Thomas, Thompson, Tomlin, Tyler, Walker, Wallace, Ward, A.
Watson, Watts, Welch, West, Wilson, Witten, Woolfolk and Yerby—109.
Ordered, that the clerk inform the senate thereof.
No. 104. A senate bill entitled an act providing for the location of
the courthouse, jail and other public buildings in the county of
McDowell, was read a first and second times, and referred to the
committee of propositions and grievances.
No. 108. A senate bill entitled an act to incorporate the Chester¬
field car, locomotive and agricultural implement manufacturing com¬
pany, was read a first and second times, and referred to the commit¬
tee on agriculture and manufactures.
No. 109. A senate bill entitled an act to incorporate the James
river boot, shoe and leather manufacturing company, was read a first
and second times, and referred to the committee of propositions and
grievances.
No. 116. A senate bill entitled an act to authorize the Bank of the
Commonwealth, the Merchants Bank of Virginia at Lynchburg and
the Traders Bank of Richmond to establish a branch bank at Alex¬
andria, was read a first and second times, and referred to the com¬
mittee on banks.
No. 118. A senate bill entitled an act to incorporate the Mount
Vernon insurance company, was read a first and second times, and
referred to the committee of propositions and grievances.
No. 102. A senate bill entitled an act to amend the pilot laws in
regard to the Potomac river, was read a first and second times, and
referred to the committee for courts of justice.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 225. A bill to incorporate the New river White sulphur springs
and Dicker's switch turnpike company:
No. 226. A bill to amend and re-enact an act passed March 22nd,
1S60, entitled an act to incorporate the Knob turnpike company in
the county of Washington, and incorporating the Abingdon and Ten¬
nessee turnpike company.
No. 227. A bill to amend and re-enact an act passed March 22nd,
1860, entitled an act to incorporate the Knob turnpike company in
HOUSE OF DELEGATES.
149
the county of Washington, and incorporating the Hayter's gap
and Washington turnpike company.
Mr. Chapman, from the same committee, to whom had been re¬
ferred.
No. 60. A senate bill entitled an act transferring the Huttonsville
and Huntersville turnpike road to the counties through which the
same passes, reported the same without amendment.
Mr. Haymond, from the committee on finance, presented the
following bill:
No. 228. A bill for the relief of the securities of Wilson Abbot, late
sheriff of the county of Raleigh.
Mr. Bassel, from the committee on agriculture and manufactures,
presented the following bill:
No. 229. A bill to incorporate the Carroll mining and manufacturing
company.
On motion of Mr. Hackley, the committee on enrolled bills was
enlarged, by the addition of the following members: Messrs. Nelson,
Staples, Richardson, Welch, Booker, Saunders, West, Ward and Jett.
Mr. Jones of Appomattox submitted the following resolution;
which was laid on the table:
Resolved, that when this house adjourns on the 5th March, it will,
with the concurrence of the senate, adjourn sine die.
Mr. Grattan presented the petition of a troop of cavalry in Rock¬
ingham county, concerning the removal of the remains of General Lee
to Virginia; which was, on his motion, laid on the table.
Mr. Hoffman presented the remonstrance of citizens of Harrison
county against an alteration of the law relative to ferries; which
was ordered to be referred to the committee of propositions and
grievances.
On motion of Mr. Alderson,
Resolved, that the committee on finance take into consideration
the propriety of reporting a bill for the relief of the sureties of C.
Roles, late sheriff of Raleigh.
On motion of Mr. Watson of Accomack,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of refunding a fine improperly imposed
upon Spencer Drummond, jr. of the county of Accomack.
On motion of Mr. Rives,
Resolved, that the committee for courts of justice enquire into the
expediency of amending sections 3d and 4th of chapters 85 and 95
of the Code of Virginia.
On motion of Mr. Nelson,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill authorizing a company of volunteer
cavalry in the 4-7th regiment in Albemarle county to organize with not
less than 40 nor more than 100 men, rank and file.
On motion of Mr. Ball,
Resolved, that the committee for courts of justice enquire into the
expediency of amending section 5th of chapter 178 of the Code of
Virginia.
150
JOURNAL OF THE
Mr. Fleming submitted following resolution :
Resolved, that when this house adjourns to-day, it will adjourn to
meet on Monday next, and on every day thereafter, at 10 o'clock
A. M.; which, on motion, was laid on the table.
On motion of Mr. Collier,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of authorizing the South side rail road
company to construct a line of steamers to run in connection with
said road from City Point.
On motion of Mr. Johnson,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill repealing the 4th, 5th, 6th, 7th, 8th,
9th, 10th and 11th sections of chapter 6th of the Code of Virginia.
On motion of Mr. Locke,
Resolved, that the committee of claims enquire into the expe¬
diency of allowing Samuel Stone (commissioner of the revenue for
Jefferson county) a sum of money erroneously deducted from his
commissions for the year.
Mr. Mong presented a petition of citizens of Martinsburg in refe¬
rence to charter of said town; which was ordered to be referred to
the committee of propositions and grievances.
Mr. Robertson of Richmond city presented the petition of the
Goochland dragoons and Richmond Fayette artillery, for the removal
to Virginia of the remains of Gen. H. Lee; which, on his motion,
was laid on the table.
On motion of Mr. Robertson of Richmond city,
Resolved, that the auditor of public accounts report to this house:
I. The amount which, in his opinion, the state is likely to be
called on to provide in specie for payment of interest in July and
January on state bonds due to holders out of the state.
II. Tables showing what portion of said amount would be paya¬
ble to each of the banks of this commonwealth :
1st. On the basis of their respective capitals.
2d. On that of capital, circulation and deposits.
3d. On that of circulation and deposits.
Mr. Christian submitted the following resolution:
Resolved, that one thousand additional copies of the report of the
committee of roads and internal navigation, in reference to the ability
of the house of Bellot, Brothers and Company to execute their con¬
tract for the completion of the James river and Kanawha canal, be
printed for the use of this house; which, on motion of Mr.' Sibert,
was laid on the table.
On motion of Mr. Richardson,
Resolved, that the committee of schools and colleges be instructed
to enquire into the expediency of rearranging the school divisions in
Ohio county.
Mr. Bisbie presented a petition of sundry merchants of Norfolk,
praying compulsory inspection of salted provisions; which was or¬
dered to be referred to the committee on agriculture and manufac¬
tures.
HOUSE OF DELEGATES. 151
Mr. Bisbie presented the petition of sundry citizens of the city of
Norfolk, praying the repeal of the act of March 19th, 1860, amend¬
ing the charter of the city of Norfolk; which was ordered to be re¬
ferred to the committee of propositions and grievances.
No. 143. A bill amending certain laws respecting the militia of
the commonwealth, so as to render them more efficient, was taken
up, on motion of Mr. Crump.
Mr. Hackley moved to amend the bill, by striking out "eight"
dollars, and inserting "five," as the compensation of brigade inspec¬
tors ; arid the question being on agreeing thereto, was put, and deci¬
ded in the affirmative.
On motion of Mr. Crane, the vote was recorded as follows:
Ayes—Messrs. Alderson, Arnold, Bailey, Ball, Ballard, Bass, Basse], Bell, Bentley, Clai¬
borne, Collier, Crane, Dickenson, Duckwall, Ferguson, Ferrill, Fleming, Frost, Garrett,
J. T. Gibson, C. H. Gilmer, Goodycoontz, Haymond, Hackley, Hoffman, Holdway, Hop¬
kins, Huntt, Jett, Johnson, Keen, Kincheloe, Knote, Knotts, Leftwich, Locke, Lucas,
Lynn, W. Martin, Maupin, Medley, Miles, Mong, Morgan, Morris, Patterson, Phelps, Pres¬
ton, Pritchard, Randolph, Richardson, Robinson, Rives, Scott, Shannon, Sibert, J. K.
Smith, Staples, Tomlin, Walker, A. Watson, Watts, Welch, West, Wilson and Witten—65.
Noes—Messrs. Crutchfield (speaker), Anderson, Baskervill, Bisbie, Booker, Burks,
Carpenter, Chapman, Childs, Christian, Crump, Davis, Edwards, Evans, Friend, D. Gib¬
son, J. Gilmer, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper, Lundy, J.
G. Martin, Massie, Matthews, McCamant, McCue, McDowell, McGruder, McKinney, J.
R. Miller, Montague, Myers, Nelson, Orgain, Pretlow, Reid, Robertson, Rutherfoord,
Saunders, Thomas, Tyler, Ward, Woolfolk and Yerby—46.
Mr. Martin of Norfolk county moved to amend the bill, by striking
out "ten" and inserting "twenty" cents as the mileage of the brigade
inspectors; and the question being on agreeing thereto, was put, and
decided in the negative.
On motion of Mr. Crane, the vote was recorded as follows :
Ayes—Messrs. Crutchfield (speaker), Anderson, Baskervill, Bass, Bisbie, Booker, Burks,
Carpenter, Carter, Chapman, Childs, Christian, Crump, Davis, Edwards, Evans, Friend, D.
Gibson, J. Gilmer, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper, Leftwich,
Lundy, J. G. Martin, Massie, McDowell, McGruder, McKinney, J. R. Miller, Mong, Mon¬
tague, Nelson, Orgain, Pretlow, Robertson, Robinson, Thomas and Woolfolk—43.
Noes—Messrs. Alderson, Bailey, Ball,. Ballard, Bassel, Bell, Bentley, Cassin, Claiborne,
Crane, Dickenson, Duckwall, Ferguson, Ferrill, Fleming, Frost, Garrett, J. T. Gibson, C.
H. Gilmer, Goodycoontz, Grattan, Haymond, Hackley, Holdway, Hopkins, Huntt, Jett,
Johnson, Keen, Kincheloe, Knote, Knotts, Locke, Lucas, Lynn, W. Martin, Matthews,
Maupin, McCamant, McCue, Medley, Miles, Morgan, Morris, Myers, Patterson, Phelps,
Preston, Pritchard, Reid, Rives, Rutherfoord, Scott, Shannon, Sibert, J. K. Smith, Staples,
Tomlin, Tyler, Walker, Ward, A. Watson, Watts, Welch, West, Wilson and Witten—67. •
The bill was then further amended, and as amended, read a second
time, and ordered to be engrossed and read a third time.
No. 20. An engrossed bill authorizing a loan from the Literary
fund to the Alleghany college, was taken up, and on motion of Mr.
Christian, laid on the table.
No. 24. An engrossed bill for the relief of Enoch Atkins of Giles
county, was taken up, and on motion of Mr. Hopkins, recommitted
to the committee of claims.
No. 23. An engrossed bill for the relief of Nathaniel B. Harvey,
was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Baskervill, Bass,
Bassel, Bell, Bisbie, Booker, Burks, Carpenter, Chapman, Christian, Claiborne, Crane,
Crump, Davis, Dickenson, Duckwall, Edwards, Evans, Ferrill, Fleming, Friend, Garrett,
D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Haymond, Hackley, Hold-
152
JOURNAL OF THE
way, Hopkins, Huntt, Hunter, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kem¬
per, Kincheloe, Leftwicb, Locke, Lockridge, Lucas, Lundy, Lynn, W. Martin, Massie,
Matthews, Maupin, McCamant, McCue, McDowell, McGruder, McKinney, Medley, Miles,
J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Orgain,
Patterson, Phelps, Pritchard, Reid, Richardson, Robertson, Robinson, Rutherfoord, Saun¬
ders, Scott, Shannon, Sibert, J. K. Smith, Staples, Tomlin, Walker, Ward, A. Watson,
Watts, Welch, West, Wilson, Witten, Woolfolk and Yerby—106.
No. 25. An engrossed bill refunding a license tax to Paul A. Far¬
ley of the county of Lunenburg, was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Baskervill, Bass,
Bassel, Bell, Bisbie, Booker, Burks, Chapman, Claiborne, Crump, Davis, Edwards, Ferrill,
Fleming, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Haymond, Hack-
ley, Holdway, Hopkins, Huntt, Hunter, Jett, Johnson, C. H. Jones, Kaufman, Kemper,
Kincheloe, Knote, Leftwicb, Locke, Lockridge, Lucas, Lundy, Lynn, W. Martin, Massie,
Matthews, Maupin, McCamant, McCue, McDowell, McGruder, McKinney, Medley, Miles,
Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Orgain, Patterson, Phelps,
Pritchard, Reid, Robertson, Robinson, Saunders, Scott, Shannon, Sibert, J. K. Smith, Sta¬
ples, Tomlin, Walker, Ward, A. Watson, Watts, Welch, West, Witten, Woolfolk and
Yerbv—85.
Noes—Messrs. Richardson and Wilson—2.
Ordered, that the clerk communicate the foregoing bills to the
senate, and request their concurrence.
On motion of Mr. Nelson, the house adjourned until Monday, 11
o'clock.
MONDAY, February 25, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 23, 1861.
The senate have passed with amendments, house bills entitled:
An act incorporating the Norfolk county railway company,
No. 38.
An act for the relief of the banks of this commonwealth, No. 77.
And they have passed bills entitled:
An act refunding to Moses G. Booth damages paid by him as surety
of Samuel S. Turner, late sheriff of Franklin county, No. 27.
An act for the relief of Thomas L. Jordan of Wayne county,
No. 40.
An act to authorize rail road companies to appoint police agents,
No. 45.
An act for the relief of Samuel E. Lybrook, sheriff of Giles county,
No. 99.
An act for the relief of M. C. Hall, late sheriff of Lewis county,
and his securities, No. 100.
An act for the relief of Webb and Adams, No. 101.
An act to distribute Mayo's Guide to coroners, No. 106 ; and
An act for the relief of Thomas Nichols, No. 115.
In which they respectfully request the concurrence of the house
of delegates.
HOUSE OF DELEGATES.
153
The amendments proposed by the senate to house bill entitled :
No. 38. An act incorporating the Norfolk county railway com¬
pany, were agreed to.
No. 27. A senate bill entitled an act refunding to Moses Gi. Booth
damages paid by him as surety of Samuel S. Turner, late sheriff of
Franklin county:
No. 40. A senate bill entitled an act for the relief of Thomas L.
Jordan of Wayne county :
No. 99. A senate bill entitled an act for the relief of Sam'l E.
Lybrook, sheriff of Giles county:
No. 100. A senate bill entitled an act for the relief of M. C. Hall,
late sheriff of Lewis county, and his securities ; and
No. 115. A seriate bill entitled an act for the relief of Thomas
Nichols, were read a first and second times, and referred to the com¬
mittee on finance.
No. 45. A senate bill entitled an act to authorize rail road compa¬
nies to appoint police agents; and
No. 106. A senate bill entitled an act to distribute Mayo's Guide
to coroners, were read a first and second times, and referred to the
committee for courts of justice.
No. 101. A senate bill entitled an act for the relief of Webb
and Adams, was read a first and second times, and referred to
the committee on military affairs.
Mr. Myers, from the committee of propositions and grievances, to
whom had been referred the following senate bills, reported the same
with amendments:
No. 104. A senate bill entitled an act providing for the location
of the courthouse, jail and other public buildings in the county of
McDowell.
No. 118. A senate bill entitled an act to incorporate the Mount
Vernon insurance company.
Mr. Myers, from the same committee, presented the following
bill:
No. 230. A bill to annex a portion of Carroll county to the county
of Grayson.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing bill:
No. 231. A bill for the relief of Benjamin S. Reynolds of Harri¬
son county.
Mr. Haymond, from the same committee, presented the following
reports :
An adverse report to the resolution enquiring into the expediency
of extending the time of payment by the sheriffs of the state of that
part of the revenue due 15th March, into the treasury.
An adverse report to the petition of Geo. C. Bowyer and others,
asking to have refunded a sum of money.
Mr. Gibson, from the committee on banks, presented the following
bill:
No. 232. A bill to extend the charter of the Central Bank of Vir¬
ginia.
20
154
JOURNAL OF THE
No. 77. A bill entitled an act for tbe relief of the banks of this
commonwealth, with the amendments proposed thereto by the se¬
nate, was taken np.
Mr. Haymond moved to disagree to the amendment of the senate,
striking out the provision of the bill repealing the law providing for
the more uniform currency of the banks of the state; and the ques¬
tion being on agreeing thereto, Mr. Walker demanded the previous
question; which was sustained by the house; and being put, was
decided in the affirmative.
On motion of Mr. Gtbson of Jefferson, the vote was recorded as
follows:
Ayes—Messrs. Alderson, Anderson, Arnold, Bailey, Ball, Ballard, Baskervill, Bass, Bas-
sel, Bell, Bentley, Bisbie, Boisseau, Booker, Caperton, Carter, Cassin, Chapman, Clai¬
borne, Collier, Crane, Crump, Dickenson, Edwards, Ferguson, Ferrill, Fleming, Frost, D.
Gibson, J. T. Gibson, C. II. Gilmer, Goodycoontz, Graham, Hanly, Raymond, Hackley,
Hoffman, Holdway, Hunter, James, Jett, Johnson, Kaufman, Keen, Kee, Knote', Knotts,
Lockridge, Lucas, Lynn, J. G. Martin, Matthews, Maupin, McDowell, McGruder, Medley,
Miles, D. Miller, J. II. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nel¬
son, Patterson, Phelps, Porter, Preston, Pritchard, Randolph, Reid, Richardson, Robertson,
Robinson, Saunders, Scott, Shannon, J. K. Smith, Thompson, Wallace, Ward, Watts, Welch,
West, Witten, Woolfolk and Yerby—89.
Noes—Messrs. Crutchfield (speaker), Burks, Childs, Christian, Coleman, Davis, Duck-
wall, Friend, Garrett, J. Gilmer, C. H. Jones, W. T. Jones, Kemper, Kincheloe, Leftwich,
Locke, Lundy, W. Martin, McC'amant, Orgain, Rives, Rutherfoord, Sibert, Staples, Thomas,
Tomlin, Tyler, Walker, A. Watson and Wilson—30.
Mr. Keen submitted an amendment to an amendment proposed by
the senate. Pending the consideration of which, the bill and amend¬
ments were laid on the table, and the amendments proposed by the
senate, ordered to be printed.
No. 26. An engrossed bill authorizing the payment to William Gr.
Jackson of certain coupons, was read a third time, and on motion of
Mr. Haymond laid on the table.
The Speaker laid before the house a communication from the go¬
vernor, enclosing resolutions from the state of Illinois and the ordi¬
nance of secession from the state of Texas; which were laid on the
table and ordered to be printed.
The following bills were read a first time, and ordered to be read
a second time.
No. 193. A bill making an appropriation out of the surplus in¬
come of the Literary fund to certain colleges.
No. 194. A bill to amend and re-enact an act entitled an act to in¬
corporate the Planters savings bank of Petersburg, passed March 15,
1858.
No. 195. A bill to incorporate the Virginia and Maryland rail road
company.
No. 196. A bill providing a bonus on banks' capital, and for the
mode of paying the same into the treasury.
No. 197. A bill making appropriation for deficiencies in former
appropriations, and for defraying expenses of the general assembly
and convention now in session.
No. 198. A bill repealing the 21st section of chapter eighty-seven
of the Code of Virginia-
No. 199. A bill to incorporate the town of Asbury.
HOUSE OF DELEGATES.
155
No. 200. A bill to incorporate the Staunton arms and ordnance
company.
No. 201. A bill to incorporate the Trans-Alleghany rail road com¬
pany.
No. 202. A bill to incorporate the Staffordsville toll bridge com¬
pany.
No. 203. A bill to amend and re-enact the 36th section of chapter
38 of the Code of 1860.
No. 204. A bill to provide for summoning jurors in the hustings
and circuit courts of Lynchburg.
No. 205. A bill refunding to Hugh H. Hite a sum of money paid
on an erroneous assessment.
No. 206. A bill to incorporate the Home savings bank of the city
of Richmond.
No. 207. A bill to incorporate the Aid savings bank of the city of
Richmond.
No. 208. A bill to authorize William T. Ballou and L. B. Major,
trustees, to sell a church lot in the county of Halifax.
No. 209. A bill to amend and re-enact sections fourth and fifth of
the act providing for the voluntary enslavement of free negroes of
the commonwealth, passed 18th February 1856.
No. 210. A bill providing for the purchase and distribution of
books of instruction for the use of the military officers of the state.
No. 211. A bill changing the time of holding the circuit courts in
the town of Danville.
No. 212. A bill authorizing the amendment of the charter of the
Holliday's cove rail road company.
No. 213. A bill for the relief of the securities of Hilton Fitzhugh,
late sheriff of Prince William county.
No. 214. A bill releasing the securities of Winston Shelton, late
sheriff of Nicholas county, from the payment of damages.
No. 215. A bill refunding to Isaac Shobe a sum of money paid on
an erroneous assessment of land.
No. 216. A bill authorizing the second auditor to receive from the
Norfolk and Petersburg rail road company, state bonds at par for
payment of interest and dividends.
No. 218*. A bill refunding to Wm. H. Morton, sr. a sum of money
paid on an erroneous assessment of land.
No. 220. A bill authorizing the payment of a sum of money to
Henry Exall of the city of Richmond, for services rendered and ex¬
penses incurred in altering and repairing the state courthouse in the
city of Richmond.
No. 221. A bill for the relief of John Avis, late jailor of Jefferson
county.
No. 222. A bill requiring reports from savings banks and certain
insurance companies, and imposing a tax thereon.
No. 223. A bill refunding to James W. Larue a sum of -money
paid on an erroneous assessment of land.
No. 224. A bill to prevent the emancipation of slaves by will.
156 JOURNAL OF THE
No. 225. A bill to incorporate the New river White sulphur
springs and Dickens' switch turnpike company.
No. 226. A bill to amend and re-enact an act passed March 22nd,
1860, entitled an act to incorporate the Knob turnpike company in
the county of Washington, and incorporating the Abingdon and Ten¬
nessee turnpike company.
No. 227. A bill to amend and re-enact an act passed March 22nd,
1860, entitled an act to incorporate the Knob turnpike company in
the county of Washington, and incorporating the Hayter's gap and
Washington turnpike company.
No. 228. A bill for the relief of the securities of Wilson Abbot,
late sheriff of the county of Raleigh.
No. 229. A bill to incorporate the Carroll mining and manufac¬
turing company.
No. 230. A bill to annex a portion of Carroll county to the county
of Grayson.
No. 231. A bill for the relief of Benj. S. Reynolds of Harrison
county.
No. 232. A bill to extend the charter of the Central Bank of
Virginia.
Mr. Tomlin moved that the house adjourn ; and the question being
on agreeing thereto, was put, and decided in the negative. And it
appearing that no quorom voted, Mr. Haymond demanded a call of
the house; which was sustained by the house.
The roll was then twice called, and the following members were
found to be absent:
Messrs. Allen, Arnold, Barbour, Bass, Basse], Boisseau, Boreman, Brown,' Caperton, Car¬
penter, Cassin, Christian, Claiborne, Collier, Cowan, Duckwall, Edging-ton, Evans, Ferrill,
Frost, Garrett, J. T. Gibson, J. Gilmer, Goodycoontz, Grattan, Harrison, Hopkins, C. H.
Jones, Kaufman, Keen, Kemper, Kincheloe, Kyle, Locke, Lucas, Lundy, Mag-ruder, Mal-
lory, T. Martin, W. Martin, Massie, Matthews, McCue, McDowell, McGeliee, McKinney,
McKenzie, Medley, Miles, D. Miller, Mcmg, Morgan, Newton, Phelps, Porter, Preston, Pret-
low, Randolph, Eiddick, Eutherfoord, Seddon, Segar, Sherrard, Sibert, J. K. Smith, I. N.
Smith, H. Smith, Staples, Thomas, Thompson, Tyler, "Wallace, E. Watson, Willcox, Wing-
field and Wood—75.
The doors were then closed by order of the Speaker ; and
On motion of Mr. Yerby, the house adjourned until to-morrow, 11
o'clock.
TUESDAY, February 26, 1861.
On motion of Mr. Haymond, further proceedings under the call of
the house on yesterday, were dispensed with.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 25, 1861.
The senate have passed bills entitled :
An act for the relief of Hopkins and Campbell of Rockbridge
county, No. 48.
HOUSE OF DELEGATES.
157
An act for the relief of Samuel Oppenheimer of Powhatan county,
No. 120.
An act to incorporate the Staffordsville toll bridge company,
No. 123.
An act for the relief of Celia Edmonds, No. 126.
An act amending and re-enacting the eighth section of the act
passed December 19, 1794, establishing the town of Middletown in
the county of Frederick, No. 130.
An act to enable the Monticello Bank or the Bank of the Com¬
monwealth to establish an office at Monaskon in the county of Lan¬
caster, No. 135.
An act to amend the charter of the Danville Bank, and to autho¬
rize branches for the same, No. 136.
An act to incorporate the Industrial society of Wood county,
No. 137.
An act incorporating the Coleraine mining and manufacturing
company, No. 140.
In which they respectfully request the concurrence of the house
of delegates.
No. 48. A senate bill entitled an act for the relief of Hopkins &
Campbell of Rockbridge county ; and
No. 120. A senate bill entitled an act for the relief of Samuel
Oppenheimer of Powhatan, were read a first and second times, and
referred to the committee on finance.
No. 130. A senate bill entitled an act amending and re-enacting
the eighth section of the act passed December 19th, 1794, establish¬
ing the town of Middletown in the county of Frederick, was read a
first and second times, and referred to the committee of propositions
and grievances.
No. 126. A senate bill entitled an act for the relief of Celia Ed¬
monds, was read a first and second times, and referred to the commit¬
tee for courts of justice.
No. 137. A senate bill entitled an act to incorporate the Indus¬
trial society of Wood county; and
No. 140. A senate bill entitled an act incorporating the Coleraine
mining and manufacturing company, were read a first and second
times, and referred to the committee on agriculture and manufactures.
The following senate bills were read a first and second times, and
on motions severally made, read a third time and passed:
No. 123. A senate bill entitled an act to incorporate the Staffords¬
ville toll bridge company—On motion of Mr. Lucas.
No. 135. An act to enable the Monticello Bank or the Bank of the
Commonwealth to establish an office of discount and deposit at Mo¬
naskon, in the county of Lancaster—On motion of Mr. Carter.
No. 136. A senate bill entitled an act to amend the charter of the
Danville Bank, and to authorize branches for the same—On motion
of Mr. Keen.
On motion of Mr. Walker, the vote was recorded as follows:
Ayes—Messrs. Alderson, Anderson, Arnold, Bailey, Ball, Ballard, Baskervill, Bentley,
Booker, Boreman, Brown, Carter, Cassin, Chapman, Collier, Crane, Edwards, Ferguson,
158
JOURNAL OF THE
Ferrill, Fleming, Frost, J. T. Gibson, J. Gilmer, Graham, Hanly, Haymond, Hackley,
Huntt, Jett, Johnson, Kaufman, Keen, Kee, Knotts, Locke, Lucas, Mag-ruder, W. Martin,
Massie, Matthews, Maupin, McCue, McGruder, McKenzie, Morgan, Myers, Patterson,
Porter, Pritchard, Randolph, Richardson, Riddick, Saunders, Segar, Shannon, J. K. Smith,
Staples, Thomas, Thompson, Wallace, Welch, West, Willcox, Witten and Yerby—65.
Noes—Messrs. Crutchfield (speaker), Allen, Bass, Bassel, Boisseau, Burks, Carpenter,
Childs, Duckwall, Friend, Garrett, D. Gibson, Harrison, Hunter, C. H. Jones, W. T. Jones,
Kemper, Kincheloe, Knote, Leftwich, Lundy, Lynn, McCamant, McDowell, McGehee,
Miles, J. R. Miller, Mong, Montague, Orgain, Reid, Robinson, Rives, Rutherfoord, Sibert,
Tomlin, Walker, Ward, Watts, Wilson and Woolfolk—39.
Mr. Montague, from the committee of claims, presented the fol¬
lowing bill:
No. 234. A bill for the relief of Samuel Stone, commissioner of
Frederick county.
Mr. Montague, from the same committee, to whom had been re¬
ferred
No. 24. An engrossed bill for the relief of Enoch Atkins of Giles
county, reported the same with an amendment.
Mr. Kemper, from the committee on military affairs, presented
the following bill:
No. 23-5. A bill authorizing two existing volunteer companies in
Albemarle to form a battalion.
Mr. Kemper, from the same committee, presented an adverse re¬
port to a resolution enquiring into the expediency of appropriating
the militia fine fund of Rockingham to the use of a volunteer regi¬
ment.
Mr. Haymond, from the committee on finance, to whom had been
referred
No. 100. A senate bill entitled an act for the relief of M. C. Hall,
late sheriff of Lewis county, and his securities, reported the same
without amendment.
Mr. Haymond, from the same committee, presented the following
bill:
No. 236. A bill to suspend the levying of taxes by the state on
the Belmont and Wheeling bridge for three years.
Mr. Gibson of Hampshire, from the committee on banks, presented
the following bill:
No. 237. A bill to prevent the guarantee of notes, bills of ex¬
change or other evidence of debt by savings banks or insurance com¬
panies.
No. 104. A senate bill entitled an act providing for the location of
the courthouse, jail and other public buildings of the county of Mc¬
Dowell, was, on motion of Mr. Magruder, recommitted to the com¬
mittee of propositions and grievances.
No. 37. An engrossed bill to amend the charter of the Wheeling
creek turnpike company, was taken up, and on motion of Mr. Rich¬
ardson, laid on the table.
No. 72. An engrossed bill amending the charter of the Black lick
and Plaster bank turnpike company, was taken up.
Mr. Graham submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a third time.
The bill was then, on motion of Mr. Graham, laid on the table.
HOUSE OF DELEGATES.
159
The following engrossed bills were read a third time and passed :
No. 28. An engrossed bill refunding to Matthew Wormsley, jr.
of the county of Randolph, a certain amount of money erroneously
paid by him.
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Baskervill, Bass, Bassel, Bentley, Boisseau, Booker, Boreman, Brown, Burks, Car¬
penter, Cassin, Chapman, Childs, Christian, Collier, Crane, Davis, Duckwall, Edwards, Fer¬
guson, Ferrill, Fleming, Friend, Frost, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, C. H.
Gilmer, Goodycoontz, Graham, Hanly, Harrison, Haymond, Hackley, Hoffman, Huntt,
Hunter, James, Jett, Johnson, W. T. Jones, Kaufman, Keen, Kee, Kemper, Ivnote, Knotts,
Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, W. Martin, Massie, Mat¬
thews, Maupin, McCamant, McCue, McDowell, McGehee, McGruder, McKenzie, Miles, J.
R. Miller, Mong, Montague, Montgomery, Morgan, Moms, Myers, Nelson, Orgain, Patter¬
son, Phelps, Porter, Pritchard, Eandolph, Keid, Eichardson, Riddick, Robinson, Rives, Ru-
therfoord, Saunders, Segar, Shannon, Sibert, J. K. Smith, Staples, Tomlin, Walker, Wal¬
lace, Ward, A. Watson, Welch, West, Willcox, Witten, Woolfolk and Yerby—111.
No. 29. An engrossed bill for the relief of the Rev. J. Packard.
Ayes—Messrs. Crutchfield (speaker), Alderson, Arnold, Bailey, Ball, Ballard, Bass,
Bassel, Bentley, Booker, Boreman, Brown, Burks, Carpenter, Cassin, Christian, Claiborne,
Collier, Crane, Davis, Duckwall, Edwards, Ferguson, Ferrill, Fleming, Friend, Frost, D.
Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Hanly, Harrison, Ray¬
mond, Holdway, Huntt, Hunter, Jett, W. T. Jones, Kaufman, Keen, Kee, Kemper, Knote,
Leftwich, Locke, Lockridge, Lucas, Lynn, Magruder, W. Martin, Massie, Matthews,
Maupin, McCamant, McCue, McDowell, McGehee, McGruder, McKenzie, Medley, Miles,
J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Orgain, Pat¬
terson, Pritchard, Randolph, Reid, Richardson, Robertson, Robinson, Rives, Rutherfoord,
Saunders, Shannon, J. K. Smith, Staples, Thomas, Tomlin, Walker, Wallace, Ward, A.
Watson, Welch, West, Willcox, Witten, Woolfolk and Yerby—97.
Noes—Messrs. Crump, Dickenson, Goodycoontz and Johnson—4.
No. 97. An engrossed bill for the relief of the securities of Joshua
Ii. Staats, late sheriff of the county of Jackson.
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Bailey, Ball, Ballard, Baskervill,
Bass, Bassel, Bentley, Boreman, Brown, Burks, Carpenter, Cassin, Childs, Claiborne,
Crane, Crump, Davis, Dickenson, Duckwall, Edwards, Ferguson, Ferrill, Fleming, Friend,
Frost, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Hanly,
Harrison, Haymond, Hackley, Hoffman, Holdway, Huntt, Hunter, Jett, Johnson, Kauf¬
man, Kee, Kemper, Knote, Knotts, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn,
Magruder, W. Martin, Massie, Matthews, Maupin, McCamant, McCue, McDowell, McGe¬
hee, McGruder, McKenzie, Medley, Miles, J. R. Miller, Mong, Montague, Montgomery,
Morgan, Morris, Myers, Nelson, Orgain, Patterson, Pritchard, Randolph, Reid, Richardson,
Robinson, Rives, Rutherfoord, Shannon, J. K. Smith, Staples, Tomlin, Wallace, Ward, A.
Watson, Watts, Welch, West, Witten, Woolfolk and Yerby—98.
Noes—Messrs. Booker and W. T. Jones—2.
No. 27. An engrossed bill for the relief of James Scott of Green¬
brier county.
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Arnold, Bailey, Ball, Ballard, Bas¬
kervill, Bass, Bassel, Bentley, Boreman, Brown, Burks, Carter, Cassin, Claiborne, Collier,
Crump, Davis, Dickenson, Duckwall, Edwards, Ferguson, Ferrill, Fleming, Friend, FVost,.
D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Harri¬
son, Haymond, Hackley, Holdway, Huntt, Hunter, Jett, Johnson, Kaufman, Keen, Kee,
Kemper, Knote, Knotts, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, W.
Martin, Massie, Matthews, Maupin, McCamant, McCue, McDowell, McGehee, McGruder,
McKenzie, Medley, Miles, Mong, Montague, Montgomery, Morgan, Moms, Myers, Nelson,
Orgain, Patterson, Randolph, Reid, Eichardson, Robertson, Robinson, Rives, Rutherfoord,
Saunders, Shannon, J. K. Smith, Staples, Tomlin, Wallace, Ward, A. Watson, Watts, Welch,
West, Willcox and Woolfolk—97.
No. 43. An engrossed bill to amend the act concerning the district
free schools in the county of Jefferson.
No. 50. An engrossed bill granting the commonwealth's right to
the real estate of John Kelly deceased, to Owen Shee.
160
JOURNAL OF THE
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball,
Ballard, Bass, Bassel, Bentley, Boisseau, Booker, Boreman, Brown, Burks, Carpenter, Cas-
sin, Chapman, Childs, Crane, Crump, Duckwall, Edwards, Ferguson, Ferrill, Fleming,
Frost, D. Gihson, J. T. Gibson, C. H. Gilmer, Goodycoontz, Graham, Hanly, Harrison,
Haymond, Hackley, Holdway, Huntt, Hunter, Jett, Johnson, Kaufman, Keen, Kincheloe,
Knote, Knotts, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Massie, Matthews,
Maupin, McCamant, McCue, McDowell, McGehee, McGmder, McKenzie, Miles, J. R-
Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Kelson, Orgain, Patterson,
Pritchard, Randolph, Reid, Richardson, Robertson, Robinson, Rutherfoord, Saunders, Shan¬
non, J. K. Smith, Staples, Thompson, Wallace, Ward, A. Watson, Watts, Welch, West,
Witten, Woolfolk and Yerby—94.
Noes—Messrs. Claiborne, Friend, W. T. Jones, Medley, Rives, Tomlin and Wilson—7.
No. 19. An engrossed bill to amend and re-enact the second sec¬
tion of an act passed February 8th, 1860, to revive and amend an
act passed March 1st, 185-3, entitled an act to amend and revive the
charter of the Little Kanawha navigation company, with the pending
ryder thereto, was taken up. The ryder was read a first and second
times, and ordered to be engrossed and read a, third time. The bill
was then read a third time and passed.
Ayes—Messrs. Alderson, Allen, Anderson, Arnold, Bailey, Ball, Ballard, Baskervill, Bass,
Bassel, Bentley, Boisseau, Booker, Boreman, Brown, Burks, Carpenter, Cassin, Chapman,
Christian, Collier, Crane, Crump, Davis, Duckwall, Edwards, Ferguson, Ferriil, Fleming,
Friend, Frost, D. Gibson, J. T. Gibson, C. H. Gilmer, Goodycoontz, Graham, Hanly, Har¬
rison, Haymond, Hackley, Hoffman, Huntt, Hunter, Jett, Johnson, Kaufman, Keen, Kee,
Kemper, Knotts, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, W. Martin,
Massie, Matthews, Maupin, McCamant, McCue, McDowell, McGehee, McGruder, McKen¬
zie, Miles, J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson,
Orgain, Patterson, Phelps, Pritchard, Randolph, Reid, Richardson, Robinson, Saunders,
Segar, Shannon, J. K. Smith, Staples, Thompson, Walker, Wallace, Ward, A. Watson,
Welch, West, Willcox, Witten, Woolfolk and Yerhy—101.
Noes—Messrs. Garrett, Rives, Tomlin and Wilson—4.
Ordered, that the clerk communicate the foregoing bills to the
senate, and request their concurrence.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a letter from the Hon. John Robertson, commis¬
sioner to the seceded states, with the correspondence accompanying
it; which were laid on the table and ordered to be printed. Doc.
No. 36.
On motion of Mr. Witten, the house adjourned till to-morrow, 11
o'clock.
WEDNESDAY, February 27, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 26, 1861.
The senate have passed house bill entitled:
An act releasing the commonwealth's claim to a certain island in
Chesapeake bay to Edmund J. Poulson, No. 16.
They have passed bills entitled :
An act to incorporate the Little Kanawha mining and manufac¬
turing company, No. 141.
HOUSE OF DELEGATES.
161
An act providing for the voluntary enslavement of George, Shed,
Sam and Sukey, persons of color in the county of Buckingham,
No. 124.
An act refunding to George Hairston, sr. a certain sum of money
improperly paid by him into the treasury, No. 67.
An act for the relief of Joseph W. Harper, No. 12].
An act to amend the charter of the Bank of Commerce at Frede¬
ricksburg, No. 122.
An act to incorporate the Marion magnetic iron company, No. 110.
In which they request the concurrence of the house of delegates.
No. 141 A senate bill entitled an act to incorporate the Little Ka¬
nawha mining and manufacturing company, was read a first and
second times, and referred to the committee on agriculture and manu¬
factures.
No. 124. A senate bill entitled an act providing for the voluntary
enslavement of George, Shed, Sam and Sukey, persons of color in
the county of Buckingham, was read a first and second times.
Mr Wilson submitted the following amendment:
" Provided, that the court shall first ascertain, and the person pro¬
posing to purchase shall pay into the treasury one-half of the value
of said negroes."
And the question being on agreeing thereto, Mr. Cowan demanded
the previous question ; which was sustained by the house ; and being
put, was decided in the negative.
On motion of Mr. Wilson, the vote was recorded as follows:
Ayes—Messrs. Allen, Arnold, Ball, Ballard, Bassel, Bentley, Brown, Cassin, Christian,
Crane, Davis, Edwards, Ferguson, Femll, Fleming, Friend, Frost, J. T. Gibson, Goody-
coontz, Grattan, Hayrnond, Hoffman, Johnson, W. T. Jones, Kemper, Knote, Knotts,
Locke, Lockridge, Lucas, Lundy, Matthews, McCue, McKeuzie, Mong, Montgomery, Mor¬
ris, Porter, Preston, Pritchard, Richardson, Robinson, Scott, Shannon, J. K. Smith, Thomp¬
son, Tomlin, A. Watson, Welch, Wilson and Witten—52.
Noes—Messrs. Crutchfield (speaker), Aldcrson, Anderson, Baskervili, Bass, Boisseau,
Booker, Burks, Carpenter, Chapman, Childs, Claiborne, Coleman, Collier, Cowan, Crump,
Duckwall, D. Gibson, J. Gilmer, C. H. Gilmer, Graham, Hanly, Harrison, Hackley, Hold-
way, Huntt, Hunter, James, Jett, C. H. Jones, Kaufman, Keen, Kee, Kincheloe, Loftwich,
Lynn, Magruder, Mallory, J. G. Martin, W. Martin, Massie, McCainant, McDowell, McGe-
hee, McGruder, McKinney, Medley, Miles, D. Miller, Montague, Morgan, Myers, Nelson,
Newton, Orgain, Patterson, Phelps, Randolph, Reid, Riddick, Rives, Rutherfoord, Saunders,
Segar, Staples, Thomas, Tyler, Walker, Wallace, Ward, Watts, Willcox, Wood, Woolfolk
and Yerby—75.
The bill was then further amended, and as amended, read a third
time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 122. A senate bill entitled an act to amend the charter of the
Bank of Commerce at Fredericksburg, was read a first and second
times, and on motion of Mr. Tomlin, read a third time and passed.
No. 110. A senate bill entitled an act to incorporate the Marion
magnetic iron company, was read a first and second times, and on
motion of Mr. Shannon, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
The following senate bills were read a first and second times, and
referred to the committee on finance:
21
162
JOURNAL OF THE
No. 67. A senate bill entitled an act refunding to George Hairston,
sr. a certain sum of money improperly paid by him into the treasury.
No. 121. A senate bill entitled an act for the relief of Joseph W.
Harper.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred the following senate bills, reported the
same:
No. 102. A senate bill entitled an act to amend the pilot laws in
regard to the Potomac river—without amendment.
No. 106. A senate bill entitled an act to distribute Mayo's Guide
to coroners—without amendment.
No. 4-5. A senate bill entitled an act to authorize rail road com¬
panies to appoint police agents—without amendment.
No. 72. A senate bill entitled an act to amend the sixth section
of chapter 16-5 of the Code, so as to allow .compensation to attorneys
for the commonwealth in the circuit courts of towns and cities, for
services heretofore performed by them—with amendments.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing bill:
No. 2-38. A bill to amend and re-enact the 45th section of chapter
83 of Code of 1849.
Mr. Magruder, from the committee of propositions and grievances,
to whom had been referred the following senate bills, reported the
same with amendments:
No. 104. A senate bill providing for the location of the courthouse,
jail and other public buildings of the county of McDowell.
No. 130. A senate bill entitled an act amending and re-enacting
the eighth section of the act passed December 19, 1794, establishing
the town of Middletown in the county of Frederick.
Mr. Magruder, from the same committee, presented a report ask¬
ing that the committee be discharged from the consideration y>f a
resolution enquiring into the expediency of refunding a militia fine
to Spencer Drummond, and that the same be referred to the com¬
mittee on military affairs; which was concurred in by the house.
Mr. Haymond, from the committee on finance, to whom had been
referred the following senate bill, reported the same with an amend¬
ment :
No. 27. A senate bill entitled an act refunding to Moses G. Booth
damages paid by him as surety of Samuel S. Turner, late sheriff of
Franklin county.
Mr. XIaymond, from the same committee, presented the following
reports :
An adverse report to the petition of Abel P. Sinnet, asking to have
refunded him a certain amount of money.
An adverse report to petition of sundry citizens of Alleghany
county, asking that Pitman Boley be released from the payment of a
fine.
An adverse report to the petition of Thomas McCormick, asking
to have a fine refunded.
HOUSE OF DELEGATES.
163
An adverse report to a resolution enquiring into the expediency of
refunding to Andrew Lindsey a certain sum of money.
Mr. Bassel, from the committee on agriculture and manufactures,
to whom had been referred the following senate bill, reported the
same without amendment:
No. 137. A senate bill entitled an act to incorporate the Industrial
society of Wood county.
Mr. Newton, from a special committee, presented the following
bill:
No. 239. A bill to encourage ship building in Virginia.
Mr. Cowan presented the petition of citizens of Preston and Mo¬
nongalia counties, asking relief in the matter of taxes upon the license
of merchants beginning business; which was ordered to be referred
to the committee on finance.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road, was taken up, on motion of
Mr. Collier.
Mr. Collier submitted the following ryder to the bill; which was
read the first and second times, and ordered to be engrossed and read
a third time:
" Provided, however, that the provisions of this bill may at any
time be suspended by the governor of this commonwealth, should
he, in the exercise of a sound discretion, be of opinion that the inte¬
rests of the state would be subserved by such suspension : and pro¬
vided further, that whenever from time to time fifty thousand dollars
of said notes shall be returned to the auditor, or shall be redeemed
by him as herein provided, the same shall be canceled and be de¬
livered to the treasurer to be preserved in his office; and from time
to time an amount equal to the sum so canceled may, by direction
of the governor, be again issued, subject to all the provisions herein
before prescribed, to be used for the benefit of the treasury."
And the question being—Shall the bill pass ? Mr. McKenzie der-
manded the previous question; which was sustained by the house;
and being put, was decided in the negative.
Ayes—Messrs. Crutclifield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bar¬
bour, Baskervill, Bass, Caperton, Carpenter, Carter, Chapman, Christian, Collier, Duck-
wall, Fergusson, Fleming, Frost, Graham, Grattan, Hanly, Harrison, Haekloy, Hunter,
James, Jett, Kee, Lockridge, Lucas, Magruder, J. G. Martin. W. Martin, Massie, Matthews,
McCamant, McCue, McDovpll, McGruder, McKenzie, Montague, Montgomery, Morgan,
Myers, Nelson, Orgain, Patterson, Preston, Eeid, Eutherfoord, Saunders, Staples, Thomas,
Thompson, Tyler, Walker, Wallace, Welch, Willcox, Witten and Wood—61.
Noes—Messrs. Allen, Bassel, Boisseau, Booker, Brown, Burks, Child.?, Cowan, Crane,
Davis, Dickenson, Edwards, Ferrill, Friend, D. Gibson, C. II. Gilmer, Goodycoonfz, Hoff¬
man, Huntt, Johnson, C. H. Jones, W. T. Jones, Kaufman, Kincheloe, Knotts, Leftwick,
Lundy, Lynn, Mallory, McGehee, McKinney, Miles, Morris, Phelps, Pritchard, Randolph,
Richardson, Riddick, Robertson, Robinson, Rives, Scott, Segar, J. K. Smith, Tomlin, Ward,
A. Watson, Watts, West, Wilson, Woolfolk and Yerby—52.
Seventy-seven votes not having been given for the bill,
Resolved, that the bill be rejected.
Mr. Segar moved a suspension of the rules for the purpose of re¬
considering the vote by which the bill was rejected; and the ques¬
tion being on agreeing thereto, was put, and decided in the affirmative.
164
JOURNAL OF THE
On motion of Mr. Huntt, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Bailey, Ball, Ballard,
Bass, Booker, Caperton, Carpenter, Carter, Cassin, Chapman, Childs, Christian, Collier,
Duekwall, Ferguson, Fleming, Frost, Graham, Grattan, Hanly. Harrison, Hacklev, Hunter,
James, Jett, Keen, Kee, Lockridge, Lucas, Magruder, J. G- Martin, Massie, Matthews,
McCamant, McCue, McDowell, McGruder, McKinney, McKenzie, D. Miller, J. R. Miller,
Mong, Montague, Montgomery, Morgan, Myers, Nelson, Newton, Orgain, Patterson, Pres¬
ton, Reid, Richardson, Robertson, Rutherfoord, Saunders, Segar, Staples, Thomas, Thomp¬
son, Tomlin, Tyler, Wallace, Ward, Welch and Witten—70.
Noes—Messrs. Basscl, Boisseau, Brown, Burks, Cowan, Davis, Edwards, Ferrill, Friend,
C. H. Gilmer, Goodycoontz, Raymond, Huntt, Johnson, C. H. Jones, W. T. Jones, Kauf¬
man, Knotts, Leftwich, Locke, Mallory, McGehee, Miles, Morris, Pritchard, Riddick, Ro¬
binson, Rives, Scott, Watts, West, Wilson, Woolfoik and Yerby—33.
Mr. Caperton moved that the bill be laid on the table, and made
the order of the day for Friday next at 11 o'clock; and the question
being on agreeing thereto, Mr. Haymond demanded a division of the
question ; which was sustained by the house.
The question being on laying the bill on the table, was put, and
decided in the affirmative.
The question recurred upon making the bill the order of the day
for Friday next at 11 o'clock; and being put, was decided in the
affirmative.
On motion of Mr. Haymond,
Resolved, that the directors of the penitentiary be requested to
report to this house the financial condition of the penitentiary and of
the penitentiary store.
The Speaker laid before the house a communication from the
auditor of public accounts, enclosing certain tables in relation to the
banks of the state; which was laid on the table and ordered to be
printed. Doc. No. 37.
No. 104. A senate bill entitled an act providing for the location of
the courthouse, jail and other public buildings of the county of
McDowell, with the amendments proposed thereto by the committee
of propositions and grievances, was taken up, on motion of Mr.
Witten. Pending the consideration of which,
On motion of Mr. Newton, the house adjourned until to-morrow,
11 o'clock.
THURSDAY, February 2S, 1861.
Prayer by Rev. Mr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, Feb. 27, 1861.
The senate have passed bills entitled:
An act for the relief of Daniel S. Dickenson, No. 86.
An act establishing a branch bank at the town of Jeffersonville in
the county of Tazewell, No. 113.
In which they respectfully request the concurrence of the house
of delegates.
HOUSE OF DELEGATES.
165
No. 86. A senate bill entitled an act for the relief of Daniel S.
Dickenson, was read a first and second times, and referred to the
committee on finance.
No. 113. A senate bill entitled an act establishing a branch bank
at the town of Jeffersonville in the county of Tazewell, was read a
first and second times, and referred to the committee on banks.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill:
No. 240. A bill authorizing the sale of real estate belonging to
Ebenezer academy; which, on his motion, was read a first and se¬
cond times, and ordered to be engrossed and read a third time.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 241. A bill authorizing the trustees of West fork meeting
house to sell the same, and purchase and build on another site.
Mr. Haymond, from the committee on finance, to whom had been
referred the following senate bills, reported the same without amend¬
ment :
No. 99. A senate bill entitled an act for the relief of Sam'l E.
Lybrook, sheriff of Giles county.
No. 48. A senate bill entitled an act for the relief of Hopkins &
Campbell of Rockbridge county.
Mr. Haymond, from the same committee, presented an adverse re¬
port to the petition of Jos. Hagan of the county of Scott, in relation
to releasing him from taxes erroneously charged.
Mr. Yerby, from the committee on lunatic asylums, presented an
adverse report to a resolution enquiring into the expediency of in¬
creasing the salaries of any of the officers of the lunatic asylums of
the state.
On motion of Mr. Mong,
Resolved, that the committee on finance enquire into the expe¬
diency of authorizing a release of the commonwealth's title to cer¬
tain lands in the county of Berkeley, to the heirs of Chas. D. Stew-
•art, the same being purchased by the state at a sale of delinquent
lands sold in said county, the said lands being improperly sold.
On motion of Mr. Pritchard,
Resolved, that the committee on propositions and grievances en¬
quire into the propriety of amending an act passed at the last ses¬
sion, exempting from execution certain specific property, so as to
allow them three hundred dollars worth in such property as they
may designate.
On motion of Mr. Harrison,
Resolved, that leave be given to withdraw from the files of the
house, bill 321 of the session of 1857-8, for the relief of Jesse Car¬
rier of Rockingham county, and that the same, when withdrawn, be
referred to the committee on finance.
On motion of Mr. Morgan,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the second section of an act
passed April 2d, 1858, with regard to the Berryville and Charles-
town turnpike.
166
JOURNAL OF THE
On motion of Mr. Rutherfooed,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill providing against the
discontinuance of motions in behalf of the commonwealth, to make
it unnecessary to continue them from day to day, and putting them
on a footing, when docketed, with suits at law or in equity.
On motion of Mr. Robinson,
Resolved, that the committee on finance enquire into the pro¬
priety of refunding certain state taxes on land paid by George Fer-
rel, erroneously charged to him in the county of Berkeley.
On motion of Mr. Jett,
Resolved, that the committee for courts of justice enquire into the
expediency of amending chapter 118 of the Code of Virginia, so as
more effectually to prevent fraudulent conveyances.
On motion of Mr. Caperton,
Resolved, that the committee on military affairs be directed to en¬
quire into the expediency of appropriating a sum of money, not ex¬
ceeding ten thousand dollars, with a view of testing the utility of a
new cannon, the invention of Lorenzo Sibert of Augusta county.
On motion of Mr. Christian,
Resolved, that the committee on banks enquire into the expediency
of authorizing the banks to issue, during the present financial diffi¬
culties, notes of a less denomination than five dollars.
Mr. Kaufman presented a petition in regard to the repeal of the
militia law in Virginia; which was ordered to be referred to the
committee 011 military affairs.
On motion of Mr. Allen,
Resolved, that the committee on finance be requested to enquire
.into the expediency of reporting a bill for the relief of Benjamin
Wray and Joseph Boon of Franklin county, for a certain amount of
taxes improperly paid.
On motion of Mr. Keen,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to Dan'l Dugger of the town of Danville one
hundred and forty dollars, taxes improperly assessed.
No. 77. An engrossed bill for the relief of the Bank of the Com¬
monwealth, with the amendments proposed thereto by the senate,
with the amendment submitted by Mr. Keen to the amendments of
the senate, was taken up, 011 motion of Mr. Martin of Henry; and
the question being on agreeing to the amendment submitted by Mr.
Keen, which was in effect to limit the contribution of specie funds
by the banks to the commonwealth, by their capital rather than their
capital, circulation and deposits, was put, and decided in the nega¬
tive.
Mr. Robertson submitted the following amendment to the 5th sec¬
tion of the bill, as proposed as an amendment by the senate :
" That the second auditor be and is hereby directed to endorse on
all warrants, for interest on the public debt due to non-residents of
this commonwealth, the words " non-residentand the checks of
the treasurer issued thereon shall be similarly endorsed, and drawn,
/HOUSE OF DELEGATES.
167
in tlie usual proportions, on the several hanks holding the public
moneys: and all such checks shall be payable and paid by them in
specie: provided, however, that such banks shall be entitled to a
credit in account with the commonwealth for whatever premium or
discount such banks may be subjected to in making such payments
in specie during such time as the general assembly shall see fit to
authorize the general suspension of specie payments."
And the question being on agreeing thereto, Mr. Walker de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the negative.
On motion of Mr. McKenzie, the vote was recorded as follows :
Ayes—Messrs. Alderson, Burks, Christian, Claiborne, Dickenson, J. Gilmer, Hoklway,
Jett, Keen, Lynn, Mag-ruder, Massie, Matthews, McCue, Medley, Myers, Patterson, Saun¬
ders, Segar, I. N. Smith, Staples and Yerby—20.
Noes—Messrs. Crutchfield (speaker), Anderson, Ball, Ballard, Baskervill, Bass, Bassel,
Bell, Bentley, Booker, Borcman, Brown, Carter, Chapman, Childs, Coleman, Collier, Crane,
Davis, Duckwall, Edwards, Ferrill, Fleming, Friend, D. Gibson, J. T. Gibson, C. H. Gil¬
mer, Goodycoontz, Graham, Grattan, Harrison, Haymond, Hackley, Huntt, Hunter, John¬
son, W. T. Jones, Kaufman, Kee, Kemper, Kincheloe, Knotts, Lucas, Mallory, T. Martin,
W. Martin, McCamant, McDowell, McGehee, McGruder, McKenzie, Miles, J. R. Miller,
Montague, Montgomery, Morgan, Morris, Nelson, Newton, Preston, Pritchard, Randolph,
Reid, Richardson, Rives, Rutherfoord, Scott, J. K. Smith, Thomas, Tomlin, Walker, Wal¬
lace, Ward, E. Watson, Watts, Welch, West, Wilson, Witten, Wood and Woolfolk—80.
Mr. Keen moved to disagree with the senate in their proposed 5th
section to the bill; and the question being on agreeing thereto, was
put, and decided in the negative; by which vote the Speaker an¬
nounced that the amendment of the senate was concurred in.
The question being on agreeing with the senate in their proposed
sixth section of the bill, as an amendment thereto, Mr. Keen moved
to strike out said section, and insert the following:
'^That the 9th section of chapter 14-4 of the Code of Virginia shall
be and the same is hereby repealed."
Mr. Duckwall demanded a division of the question; and the ques¬
tion being on agreeing thereto, Mr. McKenzie demanded the previous
question; which was sustained by the house; and being put, was de¬
cided in the affirmative.
The question being on striking out the sixth section, as proposed
by the senate, was put, and decided in the negative; and the ques¬
tion recurring upon agreeing with the senate in their proposed sixth
section, was put, and decided in the affirmative.
Mr. Anderson moved to strike out in the 7th section proposed by
the senate, the words "together with what it may have paid for stock
of this state and bonds guaranteed by the state"—that portion of the
section relating to the amount of loans, discounts and investments of
the banks ; and the question being on agreeing thereto, Mr. Jones of
Gloucester demanded the previous question; which was sustained by
the house ; and being put, was decided in the affirmative.
Mr. Christian moved to amend the 7th section as proposed by the
senate, by striking out the words "other investments;" and the ques¬
tion being on agreeing thereto, Mr. Hoffman demanded the previous
question; which was sustained by the house; and being put, was de¬
cided in the affirmative.
168
JOURNAL OF THE
Mr. Keen moved to amend the said section farther, by striking out
the clause providing for penalties for officers for violating the section;
and the question being on agreeing thereto, Mr. McKenzie demanded
the previous question, which was sustained by the house; and being
put, was decided in the negative.
Mr. Keen moved further to amend the section, by adding a clause
repealing the 9th section of chapter 144 of the Code; and the ques¬
tion being on agreeing thereto, was put, and decided in the negative.
The 7th section of the amendments was then agreed to.
The question being on agreeing with the senate in their proposed
eighth section, Mr. Carter moved to amend the same, by excepting
the branch bank authorized to be established at Monaskon; and the
question being on agreeing thereto, was put, and decided in the
affirmative.
The eighth section, as proposed by the senate, was then con¬
curred in.
Ordered, that the clerk communicate to the senate the amend¬
ments proposed by the house to the senate's amendments, and request
their concurrence.
On motion of Mr. Christian, the house adjourned until to-morrow,
11 o'clock.
FRIDAY, March 1, 1861.
Prayer by Rev. Mr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 28, 1861.
The senate have agreed to the amendments proposed by the house
of delegates to senate bill entitled :
An act providing for the voluntary enslavement of George, Shed,
Sam and Sukey, persons of color in the county of Buckingham,
No. 124.
And they have passed a bill entitled:
An act to legalize proceedings on Sunday in certain cases, No. 125.
In which they request the concurrence of the house of delegates.
No. 125. A senate bill entitled an act to legalize proceedings on
Sunday in certain cases, was read a first and second times, and re¬
ferred to the committee for courts of justice.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills :
No. 242. A bill for the relief of John Robinson, a free negro of
Rockingham county.
No. 243. A bill to provide for taking the sense of the voters of
Marshall county on the question to repeal an act providing for open¬
ing and keeping in repair the county roads of Marshall, passed Janu¬
ary 6th, 1854.
HOUSE OF DELEGATES.
169
No. 244. A bill for the relief of James Walden, a free negro of
Chesterfield county.
Which last mentioned bill was, on his motion, read a first time, and
ordered to be read a second time.
Mr. Magruder, from the same committee, presented a report on a
resolution as to exempting certain property from execution, and
asking that it be referred to the committee for courts of justice;
which was concurred in.
Mr. Kemper, from the committee on military affairs, presented
the following bills:
No. 245. A bill to organize an additional regiment of volunteer
cavalry.
No. 246. A bill to amend and re-enact the 13th section of an act
passed March 30th, 1860, entitled an act for the better organization,
of the militia of the commonwealth.
Mr. Christian, from the committee of schools and colleges, pre¬
sented the following bill:
No. 247. A bill concerning district public schools in the county
of Ohio.
Mr. Haymond, from the committee on finance, to whom had been
referred the following senate bills, reported the same without amend¬
ment :
No. 47. A senate bill entitled an act increasing the number of
permanent clerks in the office of the auditor of public accounts.
No. 86. A senate bill entitled an act for the relief of Daniel S.
Dickenson.
Mr. Haymond, from the same committee, presented the following
bill:
No. 248. A bill for the relief of the securities of C. Roles, late
sheriff of the county of Raleigh.
Mr. Haymond, from the same committee, presented the following
report:
An adverse report to the petition of William A. Thrasher and
others, asking to be allowed part of a forfeited recognizance.
On motion of Mr. Anderson,
Resolved, that the senate be requested to return to the house,
house bill for the relief of the banks of the commonwealth.
Subsequently, a message was received from the senate, by Mr.
Brannon, returning the bill.
Mr. Anderson submitted the following amendment to the fifth
section of the bill as proposed by the senate:
" Provided, that nothing in this section shall be construed to re¬
quire the banks of this commonwealth to contribute specie beyond
the amount necessary to pay the interest on the public debt."
Mr. Keen submitted the following amendment to the amendment r
''And provided further, that the banks of this commonwealth shall
at their discretion issue notes of a less denomination than five dol¬
lars to an amount not exceeding 10 per cent, on their capital: pro¬
vided, that no note of such denomination shall be issued after the
1st day of March 1862; and the penalties for the issuing of such
22
170
JOURNAL OF THE
notes in sections 9, 10, 11, 12 and 13 of chapter 5S of the Code of
Virginia is hereby suspended until 1st March 1862."
And the question being on agreeing thereto, was put, and decided
in the negative.
On motion of Mr. Keen, the vote was recorded as follows :
Ayes—Messrs. Ball, Borcman, D. Gibson, Hoi<1 way, Keen, McKenzic, D. Miller, Rich¬
ardson and Riddick—9.
Noes—Messrs. Crutchfield (speaker), Allen, Anderson, Arnold, Bailey, Ballard, Basker-
vill, Bass, Bassel, Bell, Boisseau, Booker, Burks, Carter, Cassin, Chapman, Childs, Chris¬
tian, Claiborne, Coleman, Collier, Cowan, Crane, Crump, Davis, Duckwall, Edwards,
Evans, Ferguson, Ferrill, Fleming, Friend, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Harrison, Raymond, Hackley, Hoffinan, Huntt,
Hunter, James, Jett, Johnson, C. H. Jones, W. T! Jones, Kaufman, lvee, Kemper, Kinchc-
loe, Ivnote, Lucas, Lundy, Lynn, Magruder, Mallory, T. Martin, Massie, Matthews, McCa-
mant, McCue, McDowell, McGruder, McKinney, Medley, Miles, J. R. Miller, Mong, Mon¬
tague, Montgomery, Morgan, Morris, Myers, Newton, Patterson, Phelps, Preston, Pritchard,
Randolph, Reid, Robertson, Robinson, Rutherfoord, Saunders, Scott, Segar, Shannon, J.
K. Smith, I. N. Smith, Thomas, Tomlin, Tyler, Walker, Wallace, Ward, A. Watson, E.
Watson, Welch, West, Willcox, Wood and Yerby—107.
The amendment submitted by Mr. Anderson was then agreed to.
•Ordered, that Mr. Anderson carry the bill to the senate, and re¬
quest their concurrence in the amendments proposed by the house to
fhe amendments of the senate.
.Subsequently, a message was received from the senate, by Mr. Tho¬
mas1 of Fairfax, who informed the house of delegates that the senate
had concurred in the amendments of the house.
No. 104. A senate bill entitled an act providing for the location of
the courthouse, jail and other public buildings in McDowell county,
with the amendments proposed thereto by the committee of propo¬
sitions and grievances, was taken up. The amendments were con¬
curred in, and the bill read a third time and passed.
•Ordered, that Ml Magruder carry the same to the senate, «and re¬
quest their concurrence.
Mr. McDowell presented the petition of citizens of Botetourt, ask¬
ing a change in the time of holding the circuit courts of said countv;
which was ordered to be referred to the committee for courts of jus¬
tice.
On motion of Mr. Ballard,
Resolved, that the committee for courts of justice be instructed to
-enquire as to the propriety of giving to holders of land, under a pa¬
tent from the commonwealth, an absolute fee simple title, if the holder
has been in possession 10 years, and paid the taxes thereon.
On motion of Mr. Davis,
Resolved, that the committee on finance enquire into the expediency
of amending the law in reference to damages against sheriffs and their
sureties.
On motion of Mr. Johnson,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill amending section lltli of chapter 1§S
of the Code of Virginia, so that suggestions may be sued out by and
returnable before ,a justice of the .peace, on executions issued by such
justices.
HOUSE OF DELEGATES.
171
On motion of Mr. McDowell,
Resolved, that the committee for courts of justice be requested to
enquire into the expediency of changing the times of holding the cir¬
cuit court in the 14th judicial district.
On motion of Mr. Richardson,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reporting a bill allowing two or more
military companies in the city of Wheeling to form a battalion.
On motion of Mr. Barbour,
Resolved, that the committee on finance enquire into the expediency
of relieving the sheriff of Culpeper from certain fines and mistakes in
the settlement of his accounts with the commonwealth.
On motion of Mr. Hoffman,
Resolved, that the committee on finance be directed to enquire into
the expedienc}^ of refunding to Jasper Y. Styer & Co. an excess of
license as merchants, improperly assessed against and paid by them.
On motion of Mr. Bass,
Resolved, that leave be given to bring in a bill to authorize the
trustees of the Methodist church in the town of Salem in the county
of Roanoke, to execute a deed of trust on their property in the town
of Salem, to secure a loan made to said trustees.
The Speaker announced the following committee under the reso¬
lution : Messrs. Bass, McCain ant, Collier, Evans and Montague.
No. 171. A bill for the partial suspension of the sale of state bonds,
and to provide for complying with contracts already made upon the
Covington and Ohio rail road, being the order of the day, was taken
up.
Mr. Chapman moved that the bill be postponed, and made the order
of the day for Thursday the 7th of March, at half past 11 o'clock;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
No. 200. A bill to incorporate the Staunton arms and ordnance
company, was taken up, on motion of Mr. Magruder, read a second
time, and ordered to be engrossed and read a third time; and being
forthwith engrossed, two-thirds concurring, wTas read a third time and
passed.
Ordered, that Mr. Magruder carry the same to the senate, and re¬
quest their concurrence.
No. 211. A bill changing the time for holding the circuit court in
the town of Danville, was taken up, on motion of Mr. Gilmer, read
a second time, and ordered to be engrossed and read a third time; and
being forthwith engrossed, two-thirds concurring, was read a third
time and passed.
Ordered, that Mr. Gilmer carry the same to the senate, and request
their concurrence.
No. 51. An enmosscd bill for the relief of John W. Grove of Fre-
o
deriek county, was taken up; and on motion of Mr. Duckwall, was
laid on the table.
The following engrossed bills were read a third time and passed :
172
JOURNAL OF THE
No. 74. A bill to amend the charter of the Sir John's run turnpike
company.
No. 52. A bill for the relief of Angus M. Wood.
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Arnold, Bailey, Ball, Bass, Bassel,
Bell, Booker, Boreman, Brown, Burks, Carter, Cassin, Chapman, Childs, Claiborne, Cole¬
man, Collier, Cowan, Crane, Davis, Duckwall, Evans, Ferguson, Ferrill, Fleming, Garrett,
D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Harri¬
son, Haymond, Hackley, Holdway, Huntt, Hunter, James, Johnson, W. T. Jones, Kauf¬
man, Keen, Kee, Kemper, Kincheloe, Knote, Knotts, Locke, Lockridge, Lucas, Lynn, Ma-
grader, J. G. Martin, Matthews, McCamant, McCue, McDowell, McGruder, McKinney,
McKenzie, Medley, Miles, J. R. Miller, Montague, Montgomery, Morgan, Morris, Myers,
Newton, Patterson, Pritchard, Reid, Richardson, Robinson, Rutherfoord, Saunders, Scott,
Shannon, J. K. Smith, 1. N. Smith, Thompson, Tomlin, Walker, Ward, A. Watson, E. Wat¬
son, Watts, Welch, West, Witten and Yerby—96.
No. 53. A bill for the relief of George W. Tucker of Halifax
county.
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Ball, Ballard, Baskervill,
Bass, Bassel, Bell, Booker, Boreman, Brown, Burks, Carter, Cassin, Chapman, Childs, Clai¬
borne, Coleman, Collier, Crane, Crump, Davis, Duckwall, Evans, Ferguson, Fleming,
Friend, Frost, Garrett, D. Gibson, J. T. Gibson, C. H. Gilmer, Goodycoontz, Graham,
Grattan, Hanly, Harrison, Haymond, Hoffman, Huntt, Hunter, James, Jett, Johnson,
W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Knote, Locke, Lockridge, Lucas, Ma-
gruder, J. G. Martin, Matthews, McCamant, McCue, McDowell, McGruder, McKinney,
McKenzie, Medley, Miles, D. Miller, J. R. Miller, Montague, Montgomery, Morgan, Mor¬
ris, Newton, Patterson. Reid, Richardson, Robertson, Robinson, Rutherfoord, Saunders,
Scott, Shannon, J. K. Smith, Thompson, Tomlin, Tyler, Wallace, Ward, A. Watson, E.
Watson, Watts, Welch, West and Yerby—95.
No. 240. An engrossed bill authorizing the sale of real estate be¬
longing to Ebenezer academy.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 191. A bill providing for payment of commissioners, was taken
up, on motion of Mr. Haymond, read a second time, and ordered to
be engrossed and read a third time; and being forthwith engrossed,
two-thirds concurring, was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Allen, Anderson, Arnold, Ball, Ballard, Baskervill,
Bass, Bassel, Bell, Booker, Boreman, Brown, Burks, Carter, Cassin, Chapman, Childs,
Claiborne, Coleman, Collier, Cowan, Crane, Davis, Dickenson, Duckwall, Evans, Ferguson,
Ferrill, Fleming, Friend, Frost, Garrett, I). Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer,
Goodycoontz, Graham, Harrison, Haymond, Hackley, Hoffman, Holdway, Huntt, Hunter,
James, Jett, Johnson, Kaufman, Keen, Kee, Kemper, Kincheloe, Knotts, Locke, Lock¬
ridge, Lucas, Lynn, Magruder, J. G. Martin, lassie, Matthews, McCamant, McCue,
McDowell, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, J. R. Miller, Mon¬
tague, Montgomery, Morgan, Morris, Myers, Newton, Patterson, Preston, Pritchard, Ran¬
dolph, Reid, Richardson, Robertson, Robinson, Rutherfoord, Saunders, Scott, Shannon, J.
K. Smith, I. N. Smith, Thompson, Tomlin, Tyler, Walker, Wallace, Ward, A. Watson,
E. Watson, Watts, Welch, West, Willcox and Yerby—106.
On motion of Mr. Segar,
Kesolved, that when this house adjourns to-day it adjourn to meet
on Monday at 11 o'clock.
On motion of Mr. McCamant, the chair was vacated until 7 o'clock.
EVENING SESSION.
On motion of Mr. Keen, the house adjourned.
HOUSE OF DELEGATES.
173
MONDAY, March 4, 1861.
Prayer by Rev. Mr. Moorman of the Methodist church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, March 1, 1861.
The senate have passed house bills entitled:
An act for the relief of Rev. J. Packard, No. 29.
An act to amend the first section of the act passed March 4, 1856,
for marking the boundary line between Fluvanna and Albemarle
counties, No. 178.
An act to incorporate the Capper springs company, No. 34.
An act to amend the charter of the Bank of Scottsville, No. 114.
An act refunding a license tax to Paul A. Farley of the county of
Lunenburg, No. 25.
An act refunding to the securities of Wm. H. Blanch, late sheriff
of the county of Mecklenburg, certain damages paid by them, No.
63.
An act for the relief of James Scott of Greenbrier county, No. 27.
An act refunding to Matthew Wamsley, jr. of the county of Ran¬
dolph a certain amount of money erroneously paid by him, No. 28.
An act granting the commonwealth's right to real estate of John
Kelley to Owen Shee, No. 50.
And they have agreed to the amendments proposed by the house
of delegates to senate bill entitled :
An act providing for the location of the courthouse, jail and other
public buildings of the county of McDowell, No. 104.
And also to a resolution concerning bonds of the Hillsboro' and
Cincinnati rail road company.
In which they respectfully request the concurrence of the house
of delegates.
A joint resolution concerning bonds of the Hillsboro' and Cincin¬
nati rail road company, was referred to the committee on finance.
Mr. Jones of Gloficester, from the committee on military affairs,
presented the following bill; which, on his motion, was read a first
time, and ordered to be read a second time :
No. 249. A bill to amend and re-enact the 15th section of an act
entitled an act for the better organization of the militia of the com¬
monwealth, passed March 30th, 1860.
No. 118. A bill imposing taxes for the support of government,
was taken up, on motion of Mr. Haymond.
Mr. Haymond submitted an amendment thereto. Pending the
consideration of which, the bill was laid on the table, and made the
order of the day for to-morrow, 12 o'clock.
Mr. Crump announced to the house the death of George W. Hop¬
kins, late a delegate from the county of Washington, and submitted
the following resolutions; which were unanimously concurred in:
The painful intelligence of the death of George W. Hopkins, one
of the delegates from the county of Washington, having been just
174-
journal of the
announced, it becomes the mournful duty of the house of delegates
to enter the fact upon their journal.
The long and useful life of the deceased, his high talents, kind,
conciliatory and courteous deportment, his warm heart and sincere
friendship, united with his efficient public services, both at home and
abroad, render this mark of respect peculiarly proper.
In all the situations in which he has been placed during his event¬
ful career, he has won the esteem and respect of his constituents and
of the state. As member and speaker of the house of delegates on
former occasions, as judge of a circuit court of this state, as mem¬
ber of the house of representatives of the United States, as charge
d'affaires to the court of Portugal, and as member of the convention
which formed the present constitution of this commonwealth, he
discharged his varied duties with marked ability. As member of
this house at the last and its present sessions, he has won the esteem
and friendship of his brother members; and his sudden death is a
source of deep affliction to all.
Eesolved, as a mark of respect not less due than willingly paid,
this house and its officers will wear the usual badge of mourning for
thirty days.
Eesolved, that the speaker of this house communicate a copy of
these resolutions to the family of the deceased.
Eesolved, that Messrs. Preston of Washington, Watson of Pulaski
and Gibson of Hampshire be a committee to take charge of his re¬
mains, and accompany them to their place of interment in the county
of Washington.
Ordered, that Mr. Crump communicate to the senate the action of
the house of delegates in respect to the memory of George W. Hop¬
kins, late a delegate from the county of Washington.
On motion of Mr. Magruder, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, March 5, LS61.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 4, 1861.
The senate have passed house bills entitled :
An act for the relief of the securities of Joshua H. Staats dec'd,
late sheriff of the county of Jackson, No. 97.
An act changing the time of holding the circuit court in the town
of Danville, No. 211.
An act to incorporate the Staunton arms and ordnance company,
No. 200.
And they have passed bills entitled :
An act incorporating the Southern institution for the amelioration
HOUSE OF DELEGATES.
175
of the condition of the deaf, dumb and blind negroes of the common¬
wealth, No. 114.
An act incorporating the Maryland and Virginia coal oil company
in the county of Taylor, No. 133.
In which they respectfully request the concurrence of the house
of delegates.
No. 114. A senate bill entitled an act incorporating the Southern
institution for the amelioration of the condition of the deaf, dumb
and blind negroes of the commonwealth, was read a first and second
times, and on motion of Mr. Christian, laid on the table.
No. 133. A senate bill entitled an act incorporating the Maryland
and Virginia coal oil company in the county of Taylor, was read a
first and second times, and on motion of Mr. Phelps, read a third
time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Haymond, from the committee on finance, to whom had been
referred the following senate bills, reported the same as follows:
No. 115. A senate bill entitled an act for the relief of Thomas
Nichols, without amendment.
No. 76. A senate bill entitled an act refunding seventy-nine dol¬
lars and seven cents to James Hewet, Win. A. Bradford and Peter
Grant's heirs, with an amendment.
Mr. Haymond, from the same committee, presented the following
bill:
No. 250. A bill refunding to P. B. Crowder an excess paid on li¬
cense tax.
Mr. Bisbie, from the committee on agriculture and manufactures,
presented the following bill:
No. 251. A bill to amend and re-enact the act to encourage direct
foreign trade, passed March 31st, 1860.
Mr. Bass, from a special committee, presented the following bill:
No. 252. A bill authorizing the trustees of the Methodist district
parsonage in Salem, Roanoke county, to borrow money, and execute
a deed of trust to secure the same.
No. 96. A bill to amend chapter 108 of the Code concerning
births, marriages and deaths, was taken up, on motion of Mr. Phelps,
and read a second time, and ordered to be engrossed and read a third
time; and being forthwith engrossed, two-thirds concurring, was
read a third time and passed.
Ordered, that Mr. Phelps carry the same to the senate, and re¬
quest their concurrence.
No. 143. An engrossed bill amending certain laws respecting the
militia of the commonwealth, so as to render them more efficient,
was taken up, on motion of Mr. Christian, read a third time and
passed.
Ayes—Messrs. Crutehfield (speaker), Anderson, Arnold, Ball, Ballard, Baskervill, Bass,
Basscl, Bell, Bisbie, Boisseau, Booker, Burks, Car-penter, Cassin, Childs, Christian, Collier,
Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Edwards, Evans, Ferguson, Ferrill,
Fleming, Friend, Frost, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Gra¬
ham, Grattan, Hanly, Harrison, Haymond, Hackley, Hoffman, Holdway, Hunter, Johnson,
176
JOURNAL OF THE
W. T. Jones, Kaufman, Keen, Kee, Kincheloe, Knote, Knotts, Leftwich, Lockridge, Mal-
lory, T. Martin, W. Martin, Matthews, Maupin, McCamant, McCue, McGehee, McGruder,
McKinney, McKenzie, Miles, D. Miller, J. R. Miller, Mong, Montague, Montgomery,
Morgan, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Pretlow, Pritchard,
Keid, Richardson, Riddick, Rives, Rutherfoord, Saunders, Scott, Segar, Shannon, J. K.
Smith, I. N. Smith, Staples, Thomas, Thompson, Tomlin, Tyler, Walker, Wallace, Welch,
West, Wilson, Willcox, Witten, Wood and Yerby—107.
Ordered, that Mr. Christian carry the same to the senate, and re¬
quest their concurrence.
No. 189. A bill amending an act passed March 20, 1860, autho¬
rizing the council of Richmond to construct rail roads in its streets,
was taken up, on motion of Mr. McGruder, and read a second time,
and ordered to be engrossed and read a third time ; and being forth¬
with engrossed, two-thirds concurring, was read a third time and
passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 100. A senate bill entitled an act for the relief of M. C. Hall,
late sheriff of Lewis county, and his securities, was taken up, on
motion of Mr. Arnold, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Ball, Ballard, Basker-
vill, Bass, Bassel, Bell, Bisbie, Boisseau, Booker, Boreman, Brown, Burks, Carpenter,
Christian, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duekwall, Edwards, Evans,
Ferguson, Ferrill, Fleming, Friend, Frost, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hacklev, Holdway, Huntt,
Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kee, Knote, Knotts, Leftwich, Lockridge,
Magruder, Mallory, T. Martin, Matthews, Maupin, McCamant, McCue, McGehee, McGruder,
McKinney, McKenzie, Miles, J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris,
Myers, Nelson, Newton, Orgain, Patterson, Pretlow, Pritchard, Randolph, Reid, Richard¬
son, Robertson, Rives, Rutherfoord, Saunders, Scott, Segar, Shannon, J. K. Smith, Staples,
Tomlin, Tyler, Walker, Wallace, Welch, West, Wilson, Willcox, Witten, Wood and Yerby—
103.
Ordered, that the clerk inform the senate thereof.
No. 48. A senate bill entitled an act for the relief of Hopkins &
Campbell of Rockbridge county, was taken up, on motion of Mr.
Reid, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Ball, Ballard, Basker-
vill, Bass, Bell, Bisbie, Boisseau, Booker, Boreman, Brown, Burks, Childs, Christian, Col¬
lier, Crump, Davis, Dickenson, Duekwall, Edwards, Evans, Ferguson, Fen-ill, Fleming,
Friend, Frost, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grat¬
tan, Hanly, Harrison, Haymond, Hackley, Holdway, Hunter, W. T. Jones, Kaufman,
Keen, Kee, Knotts, Leftwich, Lockridge, Magruder, Mallory, T. Martin, W. Martin, Mat¬
thews, Maupin, McCamant, McCue, McDowell, McGehee, McGruder, McKinney, McKen¬
zie, Miles, D. Miller, Mong, Montague, Montgomery, Morgan, Mon-is, Myers, Nelson,
Newton, Patterson, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson,
Rives, Saunders, Shannon, J. K. Smith, I. N. Smith, Staples, Tomlin, Tyler, Walker, Wal¬
lace, A. Watson, West, Wilson, Willcox, Witten, Wood and Yerby—97.
Ordered, that the clerk inform the senate thereof. •
No. 118. A bill imposing taxes for the support of government,
with the pending amendment, being the order of the day, was
taken up.
The question being on striking out the 9th section of the bill, and
inserting in lieu thereof the pending amendment submitted by Mr.
Haymond, Mr. Collier demanded a division of the question; which
was sustained by the house.
The question being on striking out, was put, and decided in the
affirmative.
HOUSE OF DELEGATES. 177
The question being on agreeing to the amendment submitted by
Mr. Haymond, Mr. Tomlin moved to amend the amendment; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
Mr. Anderson moved to amend the section as amended, by ex¬
cepting from taxation the salaries of the judges of the court of
appeals and circuit courts; and the question being on agreeing
thereto, Mr. Walker demanded the previous question; and being
put, was decided in the negative.
On motion of Mr. Myers, the vote was recorded as follows:
Ayes—Messrs. Anderson, Ball, Christian, Collier, Davis, Grattan, Hackley, Knote, Ma-
gruder, Matthews, McCamant, McCue, McDowell, McKenzie, Myers, Newton, Reid, Rich¬
ardson, Robertson, Rutherfoord and Segar—21.
Noes—Messrs. Bailey, Ballard, Baskervill, Bass, Bassel, Bell, Bisbie, Boissean, Booker,
Boreman, Brown, Burks, Carpenter, Childs, Crump, Dickenson, Duckwall, Edwards, Fer¬
guson, Ferrill, Fleming, Friend, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz,
Graham, Hanly, Harrison, Haymond, Hoffman, Holdway, Huntt, Hunter, Johnson, W.
T. Jones, Keen, Kee, Kincheloe, Knotts, Leftwich, Lockridge, Lucas, W. Martin, McGehee,
McGruder, McKinney, Miles, J. R. Miller, Montague, Montgomery, Morgan, Morris, Nel¬
son, Orgain, Patterson, Pritchard, Robinson, Rives, Saunders, Scott, Shannon, J. K.
Smith, Staples, Thomas, Tomlin, Tyler, Walker, Wallace, Welch, West, Wilson and
Yerby—73.
Pending the further consideration of the bill,
On motion of Mr. Kincheloe, the house adjourned until to-mor¬
row, 11 o'clock.
WEDNESDAY, March 6, 1861.
Prayer by Eev. Mr. Willis of the Baptist church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, March 5, 1861.
The senate have passed bills entitled :
An act to authorize an issue of arms to Titus Y. Williams of the
county of Tazewell, for the use of an academy, No. 66.
An act releasing the schooner Pauline from the payment of the
commonwealth's claim to any fine imposed for an alleged violation
of the inspection laws, No. 96.
An act to refund to the Preston coal and iron company money im¬
properly paid by it into the treasury, No. 143.
In which they respectfully request the concurrence of the house
of delegates.
No. 66. A senate bill entitled an act to authorize the issue of
arms to Titus V. Williams of the county of Tazewell, for the use of
an academy, was read a first and second times, and referred to the
committee on military affairs.
No. 143. A senate bill entitled an act to refund to the Preston
coal and iron company money improperly paid by it into the trea¬
sury, was read a first and second times, and referred to the commit¬
tee on finance.
23
178
JOURNAL OF THE
No. 96. A senate bill entitled an act releasing the schooner Pau¬
line from the payment of the commonwealth's claim to any fine im¬
posed for an alleged violation of the inspection laws, was read a first
and second times, and referred to the committee on finance.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bills:
No. 253. A bill to amend and re-enact the 31st section of chapter
198 of the Revised Code of Virginia; which, on his motion, was read
a first time, and ordered to be read a second time.
No. 254. A bill concerning the sales by the high constable of the
city of Richmond, of slaves and other property levied upon, distrained
or ordered to be sold under attachment.
Mr. Rutherfoord, from the same committee, presented an adverse
report to the petition of Robert McConnel and others.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 255. A bill for the sale of a lot near Chatham hill in Smyth
county, and purchase of another lot, and erection of a school house
thereon.
Mr. Jones of Gloucester, from the committee on military affairs,
presented the following bills :
No. 256. A bill to amend an act passed March 6th, 1S5S, entitled
an act to amend the 2d section of an act passed March 2d, 1858, en¬
titled an act to organize the militia, and provide for the defence of
the commonwealth; and
No. 257. A bill to amend and re-enact the 1st, 2d, 3d, 4th,
5th and 6th sections of chapter 23 of the Code, and to increase and
rearrange the divisions and brigades of the militia of the common¬
wealth ; which said bills were read a first time, and ordered to be
read a second time.
Mr. Haymond, from the committee on finance, to whom had been
referred a joint resolution concerning the bonds of the Hillsborough
and Cincinnati rail road, reported the same without amendment.
Mr. Haymond, from the same committee, presented the following
bills :
No. 258. A bill for the relief of V. S. Morgan, late sheriff of
Smyth county.
No. 259. A bill for the relief of Washington L. Herold.
No. 260. A bill for the relief of Wm. S. Martin, late sheriff of Lee
county.
No. 69. An engrossed bill to establish the county of Bland out of
parts of Giles, Wythe and Tazewell, was taken up, on motion of Mr.
Graham, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Boll, Ballard, Basker-
vill, Bass, Bassel, Bell, Bisbie, Boisseau, Boreuian, Brown, Burks, Carpenter, Cassin, Cliilds,
Claiborne, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Edwards, Evans,
Ferguson, Fleming, Friend, Frost, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz,
Graham, Hauly, Harrison, Haymond, Hackley, Hoffman, Holdway, Hunter, Johnson, W.
T. Jones, Kaufman, Keen, Kee, Kincheloe, Knote, Knotts, Leftwich, Lockridge, Lucas,
Magruder, Mai lory, T. Martin, W. Martin, Massie, Matthews, Maupin, McCamant, McCue,
McDowell, McGeliee, McGruder, McKinney, McKenzie, Medley, Miles, Mong, Morgan,
Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Porter, Pretlow, Pritchard,
HOUSE OF DELEGATES.
179
Randolph, Reid, Richardson, Riddick, Rohinson, Rives, Rutherfoord, Saunders, Scott,
Segar, Shannon, Sherrard, J. K. Smith, Staples, Thomas, Thompson, Tomlin, Tyler,
Walker, Wallace, A. Watson, Watts, West, Wilson, Willcox, Wood, Woolfolk and Yerby—
111.
Ordered, that Mr. Graham carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate, by Mr. Dickenson of
Prince Edward, who informed the house of delegates that the senate
had passed a joint resolution in relation to the final adjournment of
the general assembly; in which they respectfully request the con¬
currence of the house of delegates.
No. 219. A bill for the voluntary enslavement of free negroes,
without compensation to the commonwealth, was taken up, on mo¬
tion of Mr. Baskeevill.
Mr. Wilson submitted the following amendment:
"Provided, that the party thus proposing to purchase shall first
pay into the treasury one-half the value of said negroes."
And the question being on agreeing thereto, was put, and decided
in the negative.
On motion of Mr. Wilson, the vote was recorded as follows:
Ayes—Messrs. Ball, Bass, Brorvu, Crane, Dickenson, Edwards, Evans, Fleming, Frost,
J. T. Gibson, Goodycoontz, Grattan, Haymond, Hoffman, Johnson, W. T. Jones, Knote,
Knotts, Maupin, McCue, McKenzie, Miles, D. Miller, Montague, Montgomery, Moms,
Pretlow, Robinson, Scott, Shannon, J. K. Smith, Thompson, Tomlin, Wilson and Witten—35.
Noes—Messrs. Crutclifield (speaker), Anderson, Bailey, Baskervill, Bassel, Bell, Bisbie,
Boisseau, Burks, Carpenter, Childs, Claiborne, Collier, Crump, Davis, Duckwall, Ferguson,
Friend, J. Gilmer, C. H. Gilmer, Graham, Harrison, Hackley, Holdway, Hunt, Hunter,
Kaufman, Keen, Kee, Kincheloe, Leftwich, Lockridge, Lucas, Magruder, T. Martin, W.
Martin, Massie, Matthews, McCamant, McDowell, McGeliee, McGruder, McKinney, Medley,
Mong, Morgan, Myers, Nelson, Newton, Orgain, Patterson, Reid, Riddick, Robertson, Rives,
Rutherfoord, Saunders, Segar, Staples, Thomas, Tyler, Walker, Wallace, A. Watson, Watts,
Welch, Willcox, Wood, Woolfolk and Yerby—70.
Mr. Riddick moved to strike out the 6th section of the bill, and
insert the following :
" 6. Be it further enacted, that such slave or slaves shall not at
any time be sold or mortgaged, or in any way be made liable for the
debts of the master or mistress existing at the time of such enslave¬
ment, except for taxes and county levies."
And the question being on agreeing thereto, Mr. Haymond de¬
manded a division of the question; which was sustained by the
house; and the question being on agreeing to strike out, was put,
and decided in the negative.
Mr. Watson of Accomack submitted the following amendment:
"And further to say what amount shall be paid into the treasury
of the county in which such negro shall have resided previous to the
application, not exceeding one-fourth of his or her value."
And the question being on agreeing thereto, was put, and decided
in the negative.
Mr. McKenzie moved that the house adjourn; and the question
being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. Wilson, the vote was recorded as follows :
' Ayes—Messrs. Ball, Baskervill, Bass, Boisseau, Boreman, Childs, Christian, Crump,
Fleming, J. Gilmer, Goodycoontz, Grattan, Haymond, Hackley, Kee, Massie, McDowell,
180
JOURNAL OF THE
McKinney, McKenzie, Miles, Mong, Myers, Newton, Randolph, Saunders, Shannon,
Thomas, Tomlin, Walker, Watts, Wilson and Yerby—32.
Noes—Messrs. Crutchfield (speaker), Anderson, Ballard, Bell, Bisbie, Burks, Collier,
Davis, Duckwall, Edwards, Evans, Ferguson, J. T. Gibson, C. H. Gilmer, Graham,
Hanly, Harrison, Holdway, Huntt, Hunter, Johnson, W. T. Jones, Kaufman, Keen,
Kincheloe, Knotts, Leftwich, Lockridge, Lucas, Magruder, Mallory, T. Martin, Matthews,
McCamant, McCue, McGehee, McGruder, Medley, Montague, Montgomery, Morgan, Morris,
Nelson, Orgain, Patterson, Pritchard, Reid, Richardson, Riddick, Robinson, Rives, Ruther-
foord, Scott, Segar, J. K. Smith, I. N. Smith, Tvler, A. Watson, Welch, West, Witten and
Woolfolk—62.
The bill was then further amended, and as amended, read a second
time, and ordered to be engrossed and read a third time.
On motion of Mr. Walker, the house adjourned until to-morrow,
11 o'clock.
THURSDAY, March 7, 1861.
Prayer by Rev. Mr. Willis of the Baptist church.
A communication from the senate, by their clerk, was read as
follows :
In Senate, March 6, 1861.
The senate have passed house bills entitled :
An act to re-enact the act passed 9th February 1814, authorizing
a loan from the Literary fund to the trustees of West Liberty academy,
No. 30.
An act fixing the mode of settlement with the sheriff of the county
of Jefferson, No. 10.
An act for the relief of Angus M. Wood, No. 52.
An act authorizing the sale of real estate belonging to Ebenezer
academy, No. 240.
And they have passed a bill entitled :
An act refunding to Abner Anthony, sen. taxes erroneously paid
into the treasury, No. 117.
In which they respectfully request the concurrence of the house
of delegates.
No. 117. A senate bill entitled an act refunding to Abner Anthony,
sen. taxes improperly paid into the treasury, was read a first and
second times, and referred to the committee on finance.
Mr. McCamant, from the committee for courts of justice, presented
the following bill:
No. 261. A bill changing the time of holding the courts in the
fourteenth judicial circuit.
Mr. Haymond presented the petition of Alpheus Wells, praying a
divorce from his wife; which was ordered to be referred to the com¬
mittee for courts of justice.
Mr. Bisbie presented the petition of Dixon Brown, praying re¬
lease from double assessment on license tax; which was ordered
to be referred to the committee on finance.
Mr. Bisbie presented the petition of sundry citizens of Norfolk
HOUSE OF DELEGATES.
181
city, against the proposed repeal of the act amending the charter of
the city of Norfolk, passed 31st March 1860; which was ordered to
be referred to the committee of propositions and grievances.
The Speaker laid before the house a communication from the
governor of the commonwealth, enclosing a communication from the
commissioners to the conference of the states; which was laid on
the table and ordered to be printed. Doc. No. 38.
No. 114. A senate bill entitled an act incorporating the Southern
institution for the amelioration of the condition of the deaf, dumb
and blind negroes of the commonwealth, was taken up, on motion
of Mr. Christian, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Crutchfield,
Resolved, that the committee on finance enquire into the expe¬
diency of authorizing the auditor to allow sheriffs, who were delin¬
quent in the payment of the revapue of their respective counties and
cities on the 15th day of Deceifper last, their forfeited commissions :
provided such sheriffs shall have paid such delinquencies as well as
the entire amount of revenue of such counties and cities, on or before
the 15th March instant.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts on the Covington
and Ohio rail road, being the order of the day, was taken up, on
motion of Mr. Caperton, and postponed to, and made the order of
the day for to-morrow at half past 11 o'clock.
No. 118. A bill imposing taxes for the support of government,
being unfinished business, was taken up.
Mr. Tomlin moved to amend the bill, by striking out that portion
thereof imposing a tax on collateral inheritances; and the question
being on agreeing thereto, was put, and decided in the negative.
The bill was then further amended.
Pending the further consideration of the bill, Mr. Watts moved
an adjournment; and the question being on agreeing thereto, was
put, and decided in the negative.
On motion of Mr. West, the vote was recorded as follows:
Ayes—Messrs. Ball, Bell, Childs, Christian, Collier, Crane, Davis, Fleming, Friend,
Grattan, Haymond, W. T. Jones, Kee, Kincheloe, Magruder, T. Martin, McKenzie, Mong,
Orgain, Preston, Pretlow, Rutherfoord, Tomlin, Walker, Wallace, Watts and Wilson—27.
Noes—Messrs. Anderson, Ballard, Bass, Bisbie, Boisseau, Boreman, Brown, Crump,
Duckwall, Ferguson, D. Gibson, J. T. Gibson, C. H. Gilmer, Goodycoontz, Graham,
Harrison, Hoffman, Holdway, Huntt, Hunter, Kaufman, Keen, Knote, Knotts, Leftwich,
Lucas, Lynn, Mallory, Matthews, Maupin, McCamant, McCue, McDowell, McGehee,
McKinney, Montague, Montgomery, Morgan, Moms, Myers, Nelson, Patterson, Pritchard,
Rcid, Richardson, Riddick, Robertson, Robinson, Rives, Saunders, Scott, Segar, Shannon,
Sibert, J. Iv. Smith, I. N. Smith, E. Watson, Welch, West, Woolfolk and Yerby—61.
Mr. Anderson moved to pass by the further consideration of the
bill; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
On motion of Mr. Jones of Gloucester, the house adjourned until
to-morrow, 11 o'clock.
182
JOURNAL OF THE
FRIDAY, March 8, 1861.
Prayer by Rev Mr. Willis of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 7, 1861.
The senate have passed house bill entitled :
An act to incorporate the Berkeley border guard armory company,
No. 22.
And they have passed with amendment house bill entitled:
An act to amend an act passed 31st of March 1860, entitled an*
act to restrict the catching of oysters in certain months, No. 142.
In which amendment they respectfully request the concurrence of
the house of delegates.
The amendment proposed by the senate to house bill entitled an
act to restrict the catching of oysters in certain months, was agreed to.
Mr. Ruthereoord, from the committee for courts of justice, to
whom had been referred senate bill No. 126, entitled an act for the
relief of Celia Edmonds, reported the same without amendment.
Mr. Ruthereoord, from the same committee, presented the follow¬
ing bill:
No. 262. A bill regulating proceedings in court upon motions on
behalf of the commonwealth.
Mr. Magruder, from the committee of propositions and grievances,
presented a report asking to be discharged from further consideration
of the extension of the corporate limits of the city of Richmond, for
want of time.
Mr. Jones of Gloucester, from the committee on military affairs,
presented an adverse report to senate bill authorizing issue of arms
to Titus V. Williams.
Mr. Chapman, from the committee on roads and internal navigation,
presented the following bill:
No. 263. A bill to alter and amend the act entitled an act to in¬
corporate the Blacksburg, Catawba creek and Fincastle turnpike
company, and to change the name of the same.
Mr. Haymond, from the committee on finance, to whom had been
referred the following senate bills, presented the same without amend¬
ment :
No. 96. A senate bill entitled an act releasing the schooner Pau¬
line from the payment of the commonwealth's claim to any fine im¬
posed for an alleged violation of the inspection laws.
No. 121. A senate bill entitled an act for the relief of Joseph W.
Harper.
Mr. Haymond, from the same committee, presented the following
joint resolution:
Whereas it is apparent to the general assembly, that in consequence
of the distracted state of the country, it is difficult, even with the
use of all due diligence, to meet the requirements of the law as to
the payment of the revenue into the treasury ; and with the view
HOUSE OF DELEGATES.
183
only of affording the relief which seems to he justified by the present
extraordinary occasion:
Resolved by the general assembly, that the sheriffs of this com¬
monwealth who pay all the revenue now due, and that portion to
become due the 15th of the present month, by the first of April
next, shall be entitled to be allowed his full commission of five per
cent, by the auditor of public accounts : provided, that the interest
shall be charged on that part of the revenue due the 15th of De¬
cember last until paid.
The question being on agreeing thereto, Mr. Haymond demanded
the previous question ; which was sustained by the house ; and being
put, was decided in the affirmative.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bassel, Bisbie, Boreman, Brown, Burks, Carpenter, Cassin, Chapman, Ckilds,
Claiborne, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Ferguson, Flem¬
ing, Friend, Frost, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer. Graham, Grattan,
Harrison, Haymond, Hackley, Hoffman, Holdway, Huntt, Hunter, Johnson, Kaufman,
Keen, Kee, Kincheloe, Knote. Knotts, Leftwich, Lockridge, Lucas, Lynn, Magruder, T.
Martin, Massie, Matthews, Maupin, McCamant, McGehce, McGruder, McKinney, Medley,
Miles, D. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Newton,
Patterson, Phelps, Porter, Preston, Pritchard, Randolph, Eeid, Richardson, Riddick, Ro¬
bertson, Robinson, Rives, Rutherfoord, Saunders, Scott, Segar, Sherrard, Sibert, J. K. Smith,
I. N. Smith, Staples, Thomas, Tyler, Walker, Ward, A. Watson, E. Watson, Welch, West,
Wingfield, Witten, Wood, Woolfolk and Yerby—107.
Noes—Messrs. Bass, Boisseau, Evans, Goodycoontz, W. T. Jones, Mallory, McDowell,
Orgain, Pretlow, Tomlin, Watts and Wilson—12.
Mr. Ballard presented the petition of William Stratton, praying
to be released from damages; which was ordered to be referred to
the committee on finance.
Mr. Jones of Gloucester presented the memorial of a number of
citizens of the county of Gloucester, praying an amendment of the
law passed the 30th day of March 1860, prohibiting the catching of
oysters in certain months ; which was ordered to be referred to the
committee of propositions and grievances.
Mr. Hoffman presented the petition of citizens of Harrison, to
change the name of John Tyler Jones; which was ordered to be re¬
ferred to the committee for courts of justice.
No. 186. A bill refunding to Mrs. Lucy Holland a sum of money
paid on an erroneous assessment, was taken up, on motion of Mr.
Nelson, and read a second time, and ordered to be engrossed and:
read a third time; and being forthwith engrossed, two-thirds con-,
curring, was read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bass, Bassel, Bell, Bisbie, Boisseau, Baseman, Brown, Burks, Caperton, Car¬
penter, Chapman, Cliilds, Claiborne, Collier, Cowan, Crane, Davis, Dickenson, Duckwall,
Evans, Ferguson, Fleming, Friend, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz,
Graham, Grattan, Harrison, Haymond, Hackley, Holdway, Hunter, Johnson, W. T. Jones,
Kaufman, Keen, Kee, Kincheloe, Knote, Leftwich, Lockridge, Lucas, Lynn, Magruder,
Mallory, T. Martin, Massie, Matthews, Maupin, McCamant, McDowell, McGehee, McGru-.
der, McKinney, Miles, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson,
Newton, Patterson, Phelps, Porter, Pretlow, Pritchard, Eeid, Richardson, Riddick, Robert¬
son, Robinson, Rives, Rutherfoord, Saunders, Scott, Segar, Sherrard, Sibert, J. K. Smith,
I. N. Smith, Staples, Thomas, Tomlin, Tyler, Walker, Ward, E. Watson, Watts, Welch,
West, Wilson, Witten, Wood, Woolfolk and Yerby—107.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
184
JOURNAL OF THE
No. 171. An engrossed bill for the partial suspension of the sale
of state bonds, and to provide for complying with contracts already
made upon the Covington and Ohio rail road, being the order of the
day, was taken up; and the question being on the passage of the
bill, the roll was called, with the following result:
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bar¬
bour, Bass, Bisbie, Caperton, Carpenter, Chapman, Christian, Claiborne, Collier, Duck-
wall, Ferguson, Fleming, Frost, D. Gibson, J. T. Gibson, Graham, Grattan, Harrison,
Haekley, Hunter, Kee, Lockridge, Lucas, Magruder, Massie, Matthews, Maupin, McCa-
mant, McDowell, McGruder, Montague, Montgomery, Morgan, Myers, Nelson, Orgain,
Patterson, Preston, Pretlow, Eeid, Robertson, Rutherfoord, Saunders, Segar, Sherrard,
Sibert, I. N. Smith, Staples, Tyler, Walker, Wallace, Welch, Witten and Wood—60.
Noes—Messrs. Arnold, Bassel, Bell, Boisseau, Brown, Burks, Childs, Cowan, Crane,
Crump, Davis, Evans, Friend, J. Gilmer, C. H. Gilmer, Goodycoontz, Haymond, Hoff¬
man, Huntt, Johnson, W. T. Jones, Kincheloe, Knotts, Leftwich, Lynn, Mallory, T. Mar¬
tin, McGehee, McKinney, Medley, Miles, Morris, Phelps, Pritchard, Randolph, Richardson,
Riddick, Robinson, Rives, Scott, J. K. Smith, Tomlin, A. Watson, E. Watson, Watts, West,
Wilson, Wingfield, Woolfolk and Yerby—50.
Seventy-seven members not having voted for the bill,
Resolved, that the bill be rejected.
Mr. Carpenter submitted the following preamble and resolution ;
which being objected to, was laid over under the rule :
Whereas, under the present price of Virginia state bonds, together
with the unsettled state of national affairs, not anticipated as pro ¬
bable or even possible when the work of the Covington and Ohio
rail road was let to contractors, it cannot be expected or desired on
the part of the commonwealth that those contractors should be re¬
quired to prosecute their contracts under existing circumstances :
Therefore,
Be it resolved by the general assembly of Virginia, that the Board
of public works are hereby authorized and directed to suspend the
contracts now existing for the construction and equipment of the
Covington and Ohio rail road, and to compensate said contractors for
all necessary outfit and outlay incurred for the completion of their
work according to the contract, as specified by order of the Board
of public works, through their chief engineer, and also to adjust and
adjudicate all just claims due the contractors for work done.
No. 118. A bill imposing taxes for the support of government,
being the unfinished business of yesterday, was taken up.
The bill was further amended. Pending the consideration thereof,
On motion of Mr. Rutherfoord, the house adjourned until to¬
morrow, 11 o'clock.
HOUSE OF DELEGATES.
185
SATURDAY, March 9, 1861.
Prayer by Rev. Mr. Willis of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 8, 1861.
The senate have passed house bill, entitled :
An act amending an act passed March 20th, 1860, authorizing the
council of Richmond to construct rail roads in its streets, No. 189.
A joint resolution communicated from the senate as to the ad¬
journment of the general assembly, was taken up, and on motion of
Mr. Collier, laid on the table.
The Speaker laid before the house a communication from the
governor, enclosing a report from A. W. McDonald, a commissioner
appointed to visit England to make examinations in reference to the
true boundary lines between Virginia and the states of North Carolina,
Tennessee and Maryland; which, on motion of Mr. Phelps, was laid
on the table, and 1,000 copies of the message and report ordered to
be printed for the use of the house. Doc. No. 39.
Mr. Magruder, from the special committee on public buildings,
presented a report; which, on his motion, was laid on the table.
On motion of Mr. Haymond,
Resolved, that the armory commissioners be requested to report
to this house the amount of the bonds they obtained from the Board
of public works, under the provisions of the act appropriating five
hundred thousand dollars to repair the armory and to purchase
arms; whether they sold the bonds; and if so, whether at par, or at
what discount; and also to render an account of their expenditures,
and for what purpose, giving the items and prices; and if they re¬
ceived the whole five hundred thousand dollars of state bonds, what
part thereof has been expended, and what disposition have they made
of any part thereof not expended.
On motion of Mr. Watts,
Resolved, that leave be given to withdraw from the files of the
house, senate bill 229, and that the same be referred to the committee
of propositions and grievances.
Mr. Holdway submitted the following resolution; which, on
motion of Mr. Jones of Gloucester, was laid on the table:
Resolved, that the house of delegates, with the concurrence of the
senate, will, on Tuesday 12th instant, proceed to the election of major
and brigadier generals of the Virginia militia.
On motion of Mr. Crane,
Resolved, that the secretary of the commonwealth of Virginia be
requested to furnish the house of delegates with a copy of any con¬
tract he may have in his possession, made with Messrs. Ritchie &
Dunnavant, in relation to the printing of the Code of Virginia, and
all bids in his possession for printing and binding the same.
Mr. Crump moved a suspension of the rules, with a view to recon¬
sider the vote of the house rejecting
24
186 JOURNAL OF THE
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road; and the question being on
agreeing thereto, was put, and decided in the affirmative.
On motion of Mr. Phelps, the vote was recorded as follows:
Ayes—Messrs. Bailey, Ball, Ballard, Bass, Bisbie, Caperton, Carpenter, Chapman, Childs,
Christian, Collier, Crump, Duck-wall, Ferguson, Fleming, Frost, D. Gibson, J. Gilmer,
Grattan, Hauly, Harrison, Iloldway, Hunter, W. T. Jones, Kincheloe, Knote, Loekridge,
Lucas, Magrudcr, Massic, Matthews, Maupin, McDowell, McKenzie, Montgomery, Morgan,
Myers, Nelson, Newton, Patterson, Preston, Pretlow, Reid, Richardson, Robertson, Ruther-
foord, Saunders, Sherrard, I. N. Smith, Staples, Thomas, Thompson, Tomlin, Walker, Ward,
Welch, Witten and Ycrby—58.
Noes—Messrs. Boisseau, Boreman, Brown, Cowan, Crane, Friend, C. H. Gi'mer, Goody-
coontz, Haymond, Hoffman, Huntt, Johnson, Knotts, Lynn, Mallory, Miles, Morris, Phelps,
Porter, Pritchard, Randolph, Rives, Scott, Sibert, J. K. Smith, Watts, West, Wilson, Wing-
field and Woolfolk—30.
Mr. Crump moved a reconsideration of the vote ordering the bill
to its engrossment; and the question being on agreeing thereto, was
put, and decided in the affirmative.
Mr. Crump thereupon submitted an amendment to the bill by way
of substitute, and on his motion, the bill and amendment were laid
upon the table.
No. 69. A senate bill entitled an act authorizing the Merchants
Bank of Virginia to establish branches at Rockymount, Liberty*
Goodson and Princeton, was taken up, on motion of Mr. Preston.
Mr. Preston submitted various amendments to the hill; which
were agreed to; and the bill as amended was read a third time and
passed.
On motion of Mr. Walker, the vote was recorded as follows:
Ayes—Messrs. Arnold, Bailey, Ball, Baskervill, Bell, Boreman, Brown, Carpenter, Cas-
sin, Chapman, Crump, Davis, Dickenson, Duckwall, Fleming, Friend, Frost, J. T. Gibson,
C. IT. Gilmer, Graham, Hauly, Haymond, Holdway, Johnson, Kaufman, Keen, Knotts,
Lucas, Magnifier, Massie, Matthews, Maupin, McGruder, Miles, D. Miller, Montgomery,
Morgan, Morris, Myers, Nelson, Patterson, Preston, Pritchard, Reid, Richardson, Saunders,
Sherrard, Staples, Thompson, Ward, Welch, Witten and Yerby—53.
Noes—Messrs. Bass, Bassel, Boisseau, Claiborne, Collier, Cowan, Garrett, Goodycocntz,
Grattan, Harrison, Huntt, Hunter, W. T. Jones, Kincheloe, Knote, Lynn, McDowell,
McKenzie, Medley, Montague, Newton, Phelps, Pretlow, Robinson, Rives, Rutherfoord,
Sibert, J. K. Smith, Tomlin, Walker, A. Watson, E. Watson, Watts, M ost, "Wilson, Wing-
field and Woolfolk—37.
Ordered, that the clerk communicate the amendments to the senate,
and request their concurrence.
No. 7. A bill to amend the charter of the city of Richmond, was
taken up, on motion of Mr. Saunders, amended, and as amended,
read a second time, and ordered to be engrossed and read a third
time; and being forthwith engrossed, two-thirds concurring, was
read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 118. A bill imposing taxes for the support of government,
being the unfinished business of yesterday, was taken up.
The bill was then further amended, and as amended, read a second
time; and the question being—Shall the bill be engrossed and read
a third time ? Mr. McKenzie demanded the previous question j
HOUSE OF DELEGATES.
187
which was sustained by the house; and being put, was decided in
the affirmative.
On motion of Mr. GIrattan, the house adjourned until Monday,
11 o'clock.
MONDAY, March 11, 3 861.
Prayer by Rev. Mr. Pettigrew of the Reformed church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, March 9, 1861.
The senate have passed house bill, entitled:
An act amending the 107th section of chapter 35 of the Code of
Virginia, and providing for the correction of erroneous assessment of
taxes on lands, No. 84, with amendments.
They have passed a bill, entitled:
An act to incorporate the Burning spring and oil line turnpike
company, No. 220.
And they have agreed to a resolution for the correction of a discre¬
pancy between the body and title of an act incorporating the Peters¬
burg savings and insurance company.
In which amendments, bill and resolution they respectfully request
the concurrence of the house of delegates.
No. 84. A house bill entitled an act amending the 107th section
of chapter 35 of the Code of Virginia, and providing for the correc¬
tion of erroneous assessment of taxes on lands, with the amendments
proposed thereto by the senate, was taken up.
Mr. Haymond submitted an amendment to the amendments of the
senate. Pending the consideration of which, Mr. Keen moved that
the bill and amendments be laid on the table; and the question being
on agreeing thereto, was put, and decided in the negative.
The question recurring upon agreeing to the amendment submitted
by Mr. Haymond, was put, and decided in the affirmative; and the
question being on agreeing to the amendments of the senate as
amended, was put, and decided in the affirmative.
The title was then amended so as to read, "An act to amend the
102d and 103d sections of an act passed March 30th, 1860, entitled
an act for assessment of taxes on persons and property."
Ordered, that Mr. Duckwall carry the same to the senate, and
request their concurrence.
No. 220. A senate bill entitled an act to incorporate the Burning
spring and oil line turnpike company, was read the first and second
times, and on motion of Mr. Bokeman, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
A joint resolution for the correction of a discrepancy between the
body and title of an act incorporating the Petersburg savings and
insurance company, was agreed to.
Ordered, that the clerk inform the senate thereof.
188
JOURNAL OF THE
A joint resolution concerning delinquent taxes of the year 1860,
with the amendments thereto proposed by the senate, was taken up.
Mr. Jones of Gloucester moved the indefinite postponement of the
resolution and amendments; and the question being on agreeing
thereto, Mr. Bassel demanded the previous question; which was
sustained by the house; and being put, was decided in the negative.
On motion of Mr. Jones of Gloucester, the vote was recorded as
follows:
Ayes—Messrs. Bass, Goodycoontz, W. T. Jones, McDowell, I. N. Smith, Tornlin and
Wilson—7.
Noes—Messrs. Alderson, Anderson, Ball, Ballard, Bassel, Bell, Bentley, Bisbie, Burks,
Chapman, Childs, Christian, Claiborne, Coleman, Crane, Crump, Davis, Dickenson, Duck-
wall, Ferguson, Fleming, Frost, Garrett, J. Gilmer, C. H. Gilmer, Graham, Grattan, Harri¬
son, Haymond, Hackley, Hoffman, Holdway, Huntt, Hunter, Johnson, Kaufman, Keen,
Knote, Lockridge, Lucas, Lynn, Magruder, Massie, Matthews, McCue, McKenzie, Miles,
D. Miller, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Patterson, Phelps,
Preston, Pritchard, Randolph, Eeid, Richardson, Robinson, Saunders, Shannon, Sherrard,
Sibert, J. K. Smith, Thomas, Thompson, Walker, Ward, A. Watson, Watts, Welch, West,
Willcox, Wingfield, Woolfolk and Yerby—79.
Mr. Jones of Gloucester submitted an amendment, giving an addi¬
tional 2£ per cent, to sheriffs who pay promptly; and the question
being on agreeing thereto, Mr. Anderson demanded the previous
question; which was sustained by the house; and being put, was
decided in the negative.
Mr. Bass submitted an amendment giving to clerks of courts the
benefit of the provisions of the resolution; and the question being
on agreeing thereto, Mr. Phelps demanded the previous question;
and being put, was decided in the negative.
The amendments of the senate were then agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Haymond, from the committee 011 finance, presented the fol¬
lowing bills:
No. 264. A bill authorizing a certain estate to be paid over to the
school commissioners of the county of Culpeper.
No. 265. A bill amending the second section of an act passed
April 2nd, 1S5S, entitled an act to provide for the payment of the
purchase money of the Berryville and Charlestown turnpike by the
Board of public works.
Mr. Bassel, from the committee on agriculture and manufactures,
presented
No. 266. A bill granting rights of way to mining and manufac¬
turing companies in this commonwealth.
Mr. Bassel, from the same committee, to whom had been referred
the following senate bills, reported the same without amendment:
No. 108. A senate bill entitled an act to incorporate the Chester¬
field car, locomotive and agricultural implement manufacturing com¬
pany.
No. 109. A senate bill entitled an act to incorporate the James
river boot, shoe and leather manufacturing company.
The Speaker laid before the house a communication from the
secretary of the commonwealth, in answer to a resolution of the
HOUSE OF DELEGATES.
189
house in reference to the printing of the new edition of the Code;
which was laid on the table and ordered to be printed. Doc. No. 40.
Mr. Wilson moved to take up the resolution heretofore communi¬
cated from the senate, in relation to the adjournment of the general
assembly; and the question being on agreeing thereto, was put and
decided in the negative.
On motion of Mr. Wilson, the vote was recorded as follows :
Ayes—Messrs. Bassel, Bentley, Brown, Burks, Claiborne, Dickenson, Garrett, D. Gibson,
J. Gilmer, C. H. Gilmer, Hoffman, Holclway, Huntt, Hunter, Kincheloe, Lockridge, Med¬
ley, Miles, D. Miller, Montgomery, Morgan, Moms, Pritchard, Randolph, J. K. Smith, I. N.
Smith, Tomlin, A. Watson, West, Wilson, Willcox and Wingfield—32.
Noes—Messrs. Anderson, Bailey, Ballard, Bass, Bisbie, Chapman, Childs, Christian,
Coleman, Cowan, Crane, Crump, Davis, Duckwall, Ferguson, Fleming, Graham, Grattan,
Harrison, Haymond, Johnson, W. T. Jones, Kaufman, Keen, Knote, Lucas, Lynn, Ma-
fruder, Matthews, McCue, McDowell, McKenzie, Montague, Myers, Nelson, Patterson,
reston, Keid, Richardson, Robertson, Robinson, Saunders, Shannon, Sherrard, Thomas,
Thompson, Walker, Ward, Watts, Welch and Yerby—51.
\
No. 118. An engrossed bill imposing taxes for the support of go¬
vernment, was taken up, read a third time and passed.
Ayes—Messrs. Anderson, Bailey, Ballard, Bass, Bassel, Bell, Bentley, Bisbie, Booker,
Brown, Burks, Chapman, Childs, Christian, Cowan, Crane, Crump, Davis, Dickenson,
Duckwall, Ferguson, Fleming, D. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan,
Harrison, Haymond, Hoffman, Holdway, Huntt, Hunter, Johnson, W. T. Jones, Kaufman,
Keen. Kincheloe, Knote, Lucas, Lynn, Magruder, Matthews, McCue, McDowell, McKen¬
zie, Miles, Montague, Montgomery, Morgan, Morris, Nelson, Patterson, Preston, Randolph,
Reid, Richardson, Robertson, Robinson, Saunders, Shannon, Sherrard, Sibert, J. K. Smith,
I. N. Smith, Thomas, Thompson, Tomlin, Walker, Ward, A. Watson, Watts, Welch, West,
Wilson, Willcox, Woolfolk and Yerby—78.
No—Mr. Myers—1.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Watson of Accomack submitted the following resolution;
which being objected to, was laid over under the rule :
Resolved, that when this house adjourns, it adjourn to meet at 10
o'clock A. M. to-morrow; and at the same hour on each succeeding
day of this session.
No. 218. A bill to incorporate the Virginia canal company, and
to transfer the rights and franchises of the James river and Kanawha
company thereto, was taken up. Pending the consideration of
which,
On motion of Mr. Chapman, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, March 12, 1861.
A communication from the senate, by their clerk, was read as
follows :
In Senate, March 11, 1861.
The senate have agreed to the amendments proposed by the house
of delegates to bill entitled:
190
JOURNAL OF THE
An act authorizing the Merchants Bank of Virginia to establish
branches at Rockymount, Liberty, Goodson and Princeton, No- G9.
And they have passed bills entitled :
An act to enforce payment of balances due from commissioners
of forfeited and delinquent lands, No. 149.
An act to incorporate the Rockbridge White sulphur springs com¬
pany, No. 151.
An act to amend the 23d section of the 61st chapter of the Code,
entitled "of works of internal improvement," No. 138.
An act to amend an act entitled an act to incorporate the Mason
city mining and manufacturing company in the county of Mason,
passed February 22d, 1860, No. 147.
An act providing for the voluntary enslavement of Jane Payne,
Mary Fletcher and Glives, No. 169.
An act to amend the 43d section of chapter 26 of the Code,
No. 162.
An act to incorporate the Virginia mineral oil and coal company
in the county of Mason, No. 14-6.
An act to incorporate the Jackson county agricultural society,
No. 148.
In which they respectfully request the concurrence of the house
of delegates.
The following senate bills were read a first and second times, and
on motions severally made, read a third time and passed:
No. 146. A senate bill entitled an act to incorporate the Virginia
mineral oil and coal company in the county of Mason.
No. 147. A senate bill entitled an act to amend an act entitled an
act to incorporate the Mason city mining and manufacturing com¬
pany in the county of Mason, passed February 22d, 1S60.
No. 148. A senate bill entitled an act to incorporate the Jackson
county agricultural society.
No. 149. A senate bill entitled an act to enforce payment of
balances due from commissioners of forfeited and delinquent lands.
No. 151. A senate bill entitled an act to incorporate the Rock¬
bridge White sulphur springs company.
Ordered, that the clerk inform the senate thereof.
A message was received from the senate, by Mr. Wickham, who
informed the house of delegates that the senate had passed
No. 205. A senate bill entitled an act to provide for the voluntary
enslavement of Thomas Garland and Mary Anderson, persons of color
in the county of Harrison ; which was subsequently read a first and
second times, and on motion of Mr. Newton, read a third time and
passed.
Ordered, that the clerk inform the senate thereof.
No. 169. A senate bill entitled an act providing for the voluntary
enslavement of Jane Payne, Mary Fletcher and Glives, was read the
first and second times, amended, and as amended, read a third time
and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
HOUSE OP DELEGATES.
191
No. 138. A senate bill entitled an act to amend the 23d section of
the 61st chapter of the Code, entitled "of works of internal improve¬
ment," was read the first and second times, and on motion of Mr.
Haymond, laid on the table.
No. 162. A senate bill entitled an act to amend the 43d section of
chapter 26 of the Code, was read the first and second times, and re¬
ferred to the committee on military affairs.
No. 100. A bill to incorporate the Richmond and Liverpool packet
company, was taken up, on motion of Mr. Newton,, read a second
time, and ordered to be engrossed and read a third time; and being
forthwith engrossed, two-thirds concurring, was read a third time
and passed.
Ordered, that Mr. Newton carry the same to the senate, and re¬
quest their concurrence.
Mr. Robertson submitted the following resolutions; the conside¬
ration of which being objected to, they were laid over under the
rule:
Resolved by the general assembly of Virginia:
1. That without deeming it necessary to decide on the right of a
state to secede from the Union, we yet recognize the fact that seven
states have actually seceded, and have peaceably organized and estab¬
lished state governments, and a confederate government of their own,
to which the people thereof seem to pay allegiance and render obe¬
dience, in like manner as the people of any other government to it.
2. That without in like manner deeming it necessary to enquire
into the right of the general government to execute the Jaws of the
United States within the territory, or against the people of such
seceded states or confederacy, by force, we yet wholly deprecate and
denounce the policy of attempting to do so, which seems to be indi¬
cated by the president of the United States as that which he pro¬
poses to pursue, as being, in the actual circumstances which exist,
utterly inexpedient and reprehensible, and as tending to involve the
whole country in an unnecessary and abhorrent war.
3. That interests of Virginia of vast magnitude, vital to her safety,
and of paramount importance to all others, and common, moreover,
to other states of the Union, are so bound up in, and imperiled by
the inevitable results of that policy of coercion towards the seceding
states, which seems to be foreshadowed in the president's inaugural
address, as to authorize her to demand that he should forbear from
attempting to carry any such purposes into execution, if such has
been his design ; and to declare that, if such attempt be made, Vir¬
ginia should, in our opinion, and will oppose to it, with all her means,
and in such mode as her sovereign authorities shall deem most ex¬
pedient, a determined resistance.
4. That by the ratification of the conventions of nine states of
the original thirteen, the government of the United States became
an established government among the powers of the earth: that as
the accession of other states to the Union does not increase or change
in the slightest degree, its political powers, so neither does nor can
the secession of others from it lessen or affect them: that it remains,
192
JOURNAL OF THE
in both cases, neither less nor more a perfect Union and complete
government, to all intents and purposes, with the rights conferred
on it by the constitution, full and unimpaired forever, so long as nine
states, whose concurrence sufficed, originally, rightfully to establish
it, shall choose to continue it.
5. That the government of the United States is, therefore, compe¬
tent to consider the seceded states, or the confederate states of Ame¬
rica, without any necessity for deciding the validity of the claim they
assert to independence de jure, as being independent de facto, and
may treat and deal with them in all respects, so far as the question
of power is concerned, as with any other states or people claiming
independent political existence.
6. That the mode of dealing with such cases, whether by war, or
by pacific modes of settlement, should depend on the causes which
give rise to them, the consequences they entail, and all the circum¬
stances that surround them : that in none of these considerations, m
the present instance, can be found just cause of war: And we ear¬
nestly recommend the present recognition by the government of the
United States, of the fact of the independent political existence of
the southern states or confederation—but, at all events, its totally
abstaining from all attempts forcibly to execute the Taws of the
United States within their territorial limits, or against their citizens,
or to "hold, occupy or possess the property and places belonging to
it therein, or to collect the duties and imposts," as being in effect
or leading inevitably to war.
7. That the main causes of the trouble between the north and
the south, are to be found in the offensive intermeddling of the former
with our exclusive right to regulate our domestic institutions—in
their arrogant and pharisaical ascription of sinfulness to them—and
in the insulting claim to exclude us from territories of which we are
part owners, except upon the condition of our parting with our
slaves, and in the formation, and accession to power, of a party
" founded on geographical discriminations All which acts we hold
to be equally against the spirit and provisions of the constitution—a
just equality of rights and social duty: that the first duty of the
north, if it would win back the states that have gone out of the
Union, or would keep in those which still remain, is to "do justice"
to the south, by removing these causes of complaint. But if from
prejudices they choose to indulge, or an incorrect appreciation of
their obligations, they shall decide that they cannot or will not re¬
move those causes, then they should at once concur in some proper
mode of providing for the peaceable separation from another of such
states as may choose to remain united on the original terms of con¬
stitutional and social equality, to be secured by proper additional
guarantees, and those which refuse to continue in the Union on those
terms—for continued Union on any other terms is simply impossible.
8. That it is the true policy and should be the aim of Virginia
(unless driven, by a force policy of the general government, into dis¬
ruption or war), to maintain and restore her union with all the
states north and south of her, that are willing to stand loyally on
HOUSE OF DELEGATES.
193
the constitution, in its original spirit and meaning, with such amend¬
ments thereof as experience has shown to be necessary to carry out
the original objects of its formation ; and to force out of the Union
such states as are faithless to its obligations and its objects, and shall
refuse to concur in making such amendments—and to facilitate that
object, should proceed now, by her convention, to prepare such
amendments as they may deem suitable and satisfactory, and take
proper measures to obtain the earliest practicable action on them by
the people of the different states, through a general convention or
otherwise; whose proceedings, if the same be held, to be reported
back to the convention of Virginia for ratification or rejection: and
if said general convention be not held, or if its conclusions be not
ratified, then the convention of Virginia to take such measures for
severing her connection with the present Union, and for her future
welfare, as to them shall seem best.
No. 218. A bill to incorporate the Virginia canal company, and to
transfer the rights and franchises of the James river and Kanawha
company thereto, being the unfinished business of yesterday, was
taken up. Pending the consideration of which, Mr. Smith of Ka¬
nawha moved to lay the bill on the table, with a view of submitting
a resolution for night sessions; and the question on agreeing thereto,
was put, and decided in the negative: and it appearing that no quo¬
rum voted, Mr. Watson of Accomack submitted a motion for a call
of the house; which was sustained by the house.
The roll was then called a first and second times, and the follow¬
ing members found absent:
Messrs. Crutchfield (speaker), Alderson, Allen, Arnold, Bailey, Ball, Barbour, Baskervill,
Bassel, Bell, Bentley, Boisseau, Boreman, Caperton, Carter, Cassin, Childs, Christian, Clai- '
borne, Collier, Cowan, Crane, Dickenson, Edgington, Edwards, Evans, Ferrill, Friend,
Frost, J. T. Gibson, J. Gilmer, Goodycoontz, Grattan, Hanley, Hackley, Huntt, James,
Jett, C. H. Jones, W. T. Jones, Kaufman, Keen, Kee, Kemper, Knote, Knotts, Kyle,
Locke, Lockridge, Lundy, Mallory, J. G. Martin, T. Martin, W. Martin, Massie, Maupin,
McCamant, McGehee, McGruder, McKinney, Medley, D. Miller, J. E. Miller, Nelson, New¬
ton, Orgain, Phelps, Porter, Preston, Pretlow, Eiddick, Eutherfoord, Saunders, Scott, Sed-
don, Segar, Sibert, H. Smith, Staples, Thompson, Tyler, "Walker, Ward, E. Watson, Welch,
Wilson, Willcox, Witten, Wood and Woolfolk.
On motion of Mr. Haymond, further proceedings under the call
were dispensed with.
On motion of Mr. Harrison, the house adjourned until to-morrow,
11 o'clock.
WEDNESDAY, March 13, 1861.
Prayer by Rev. Mr. Pettigrew of the Reformed church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 12, 1861.
The senate have passed house bill entitled :
An act refunding to Mrs. Lucy Holland a sum of money paid on
erroneous assessment, No. 186.
25
194
JOURNAL OF THE
They have agreed to the amendment proposed by the house of
delegates to amendments of the senate to house bill entitled:
An act amending the 107th section of chapter 35 of the Code of
Virginia, and providing for the correction of erroneous assessment of
taxes on lands, No. 84.
And they have passed bills entitled:
An act to amend the 3d and 4th sections of an act passed March
15th, 1850, to provide for the inspection of guano and plaster of
paris in the city of Richmond and town of Petersburg, No. 131.
An act directing the payment of certain interest to Emmet J.
O'Brien, No. 153.
An act for the relief of the securities of Eugenius Tibbs, late
sheriff of the county of Ritchie, No. 152.
An act for the relief of the sureties of Thomas K. Davis, late
sheriff of Prince William county, No. 161.
An act for the relief of Benjamin S. Reynolds of Harrison county,
No. 163.
An act for the voluntary enslavement of Fanny Matthews, without
compensation to the state, No. 59.
In which they respectfully request the concurrence of the house
of delegates.
The following senate bills were read the first and second times,
and on motions severally made, read a third time and passed:
No. 59. A senate bill entitled an act for the voluntary enslave¬
ment of Fanny Matthews, without compensation to the state.
No. 152. A senate bill entitled an act for the relief of the securi¬
ties of Eugenius Tibbs, late sheriff of the county of Ritchie.
Ayes—Messrs. CrutcLifiekl (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Bass, Bassel, Bell, Berkley, Bisbie, Boisseau, Booker, Boreman, Brown, Burks, Caperton,
Cassin, Chapman, Christian, Claiborne, Coleman, Cowan, Crane, Crump, Davis, Duckwall,
Evans, Ferguson, Fleming, Frost, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goody-
coontz, Graham, Grattan, Harrison, Haymond, Hackley, Hoffman, Holdway, Hnntt, Hunter,
James, Jett, Johnson, Kaulman, Keen, Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich,
Lockridge, Lucas, Lundy, Lynn, Magruder, Mallory, J. G. Martin, Massie, Matthews,
Maupin, McCue, McDowell, McKenzie, Miles, D. Miller, Mong, Montague, Montgomery,
Morgan, Morris, Myers, Nelson, Newton, Patterson, Phelps, Porter, Pritchard, Randolph,
Eeid, Richardson, Riddick, Robinson, Rives, Rutherfoord, Seddon, Shannon, Sherrard,
Sibert, J. K. Smith, I. N. Smith, Staples, Thomas, Thompson, Tomlin, Tyler, Walker,
Wallace, Ward, Watts, Welch, West, Willcox, Woolfolk and Yerby—111.
Noes—Messrs. W. T. Jones and Wilson—2.
No. 163. A senate bill entitled an act for the relief of Benjamin
S. Reynolds of Harrison county.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Bass, Bassel, Bell, Bentley, Bisbie, Boisseau, Booker, Boreman, Brown, Burks, Caperton,
Cassin, Chapman, Childs, Christian, Claiborne, Coleman, Cowan, Crane, Crump, Davis,
Dickenson, Duckwall, Evans, Ferguson, Fleming, Friend, Frost, D. Gibson, J. T. Gibson,
J. Gilmer, C. II. Gilmer, Goodycoontz, Graham, Grattan, Harrison, Haymoud, Hackley,
Holdway, Huntt, Hunter, James, Jett, Johnson, W. T. Jones, Kaufman, Keen, Kemper,
Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas, Lundy, Lynn, Magruder,
Mallory, J. G. Martin, Massie, Matthews, Maupin, McCue, McDowell, McKenzie, Miles, D.
Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Newton, Patterson,
Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robert¬
son, Robinson, Rives, Rutherfoord, Seddon, Shannon, Sherrard, Sibert, J. K. Smith, I. N.
Smith, Staples, Thompson, Tomlin, Tyler, Walker, Wallace, Ward, Watts, Welch, West,
Wilson, Willcox, Wingfield, Woolfolk and Yerby—118.
HOUSE OF DELEGATES.
195
The following senate bills were read the first and second times,
and referred to the committee on finance:
No. 153. A senate bill entitled an act directing the payment of
certain interest to Emmet J. O'Brien.
No. 161. A senate bill entitled an act for the relief of the sureties
of Thos. K. Davis, late sheriff of Prince William county.
No. 131. A senate bill entitled an act to amend the 3d and 4th
sections of an act passed March 15, 1850, to provide for the inspec¬
tion of guano and plaster of paris in the city of Richmond and town
of Petersburg, was read a first and second times, and referred to the
committee on agriculture and manufactures.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 125. A senate bill entitled an act to legalize proceedings on
Sunday in certain cases, reported the same without amendment.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing bill:
No. 267. A bill to provide legal remedies against foreign express
companies and corporations, and to punish offences by them and
their agents.
Mr. Haymond, from the committee on finance, to whom had been
referred
No. 40. A senate bill entitled an act for the relief of Thos. L.
Jordan of Wayne county, reported the same without amendment.
Mr. Haymond, from the same committee, presented an adverse re¬
port to the petition of A. M. Bastable and others, citizens of Upshur,
praying relief for taxes erroneously paid.
Mr. Kemper, from the committee on military affairs, to whom had
been referred
No. 162. A senate bill entitled an act to amend the 43d section of
chapter 26 of the Code, reported the same without amendment.
Mr. Woolfolk, from the special committee on free negroes, pre¬
sented the following bill:
No. 268. A bill for the voluntary enslavement of certain slaves
manumitted by the last will and testament of the late Isaac N. Ro¬
bertson of Appomattox county ; which, on his motion, was read the
first and second times, and ordered to be engrossed and read a third
time; and being forthwith engrossed, Mr. Woolfolk moved that
the bill be read a third time; and the question being on agreeing
thereto, Mr. Hackley moved that the bill be laid on the table; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
No. 219. An engrossed bill for the voluntary enslavement of free
negroes, without compensation to the state, was taken up, on motion
of Mr. Hackley.
Mr. Magruder submitted a ryder to the bill; which was read the
first and second times, and ordered to be engrossed and read a third
time.
The bill was then read a third time and passed.
196
JOURNAL OF THE
Ordered, that Mr. Hackley carry the same to the senate, and re¬
quest their concurrence.
No. 218. A bill to incorporate the Virginia canal company, and
to transfer the rights and franchises of the James river and Kanawha
company thereto, being the unfinished business of yesterday, was
taken up.
The bill was further amended, and as amended, read the second
time; and the question being—Shall the bill be engrossed and read a
third time'? Mr. McKenzie demanded the previous question; which
was sustained by the house; and being put, was decided in the
affirmative.
Mr. Kemper submitted the following resolution ; which being ob¬
jected to, was laid over under the rule :
Resolved, that on and after to-morrow the sessions of this house
shall commence at 10 o'clock A. M.
On motion of Mr. Grattan, the house adjourned until to-morrow,
11 o'clock.
THURSDAY, March 14, 1861.
Prayer by Rev. Mr. Pettigrew of the Reformed church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 13, 1861.
The senate have passed house bills entitled:
An act for the relief of George W. Tucker of Halifax county,
No. 53.
An act to incorporate the Richmond and Liverpool packet com¬
pany, No. 100.
And they have passed, with an amendment, house bill entitled:
An act to authorize the issue of treasury notes, No. 44.
They have indefinitely postponed house bill entitled:
An act to amend the charter of the Winchester and Potomac rail
road company, No. 5.
The senate have passed bills entitled :
An act providing pay for the adjutant general on account of his
services in the reorganization of the militia in the years 1858 and
1859, No. 73.
An act organizing a volunteer company of cavalry in Albemarle
county, No. 167.
An act for the relief of the Orange and Alexandria rail road com¬
pany, No. 142.
An act amending the charter of the Black lick and Plaster bank
turnpike company, No. 170.
An act to authorize the Loch Leven rangers in the county of
Lunenburg to be organized with a less number than now required
by law, No. 173.
HOUSE OF DELEGATES.
197
An act to incorporate the Cove creek lead, copper and iron manu¬
facturing company in the county of Tazewell, No. 172.
In which bills they respectfully request the concurrence of the
house of delegates.
They have agreed to the amendments proposed by the house of
delegates to senate bill entitled :
An act providing for the voluntary enslavement of Jane Payne,
Mary Fletcher and Glives, No. 169.
No. 44. A bill entitled an act to authorize the issue of treasury
notes, with the amendment proposed thereto by the senate, was
taken up.
Mr. Cowan moved to lay the bill and amendment on the table;
and the question being on agreeing thereto, Mr. Carpenter demanded
the previous question ; which was sustained by the house; and being
put, was decided in the negative.
On motion of Mr. McDowell, the vote was recorded as follows:
Ayes—Messrs. Alderson, Boreman, Brown, Christian, Cowan, Crane, Duckwall, Flem¬
ing, Frost, Goodycoontz, Haymond, Hoffman, Holdway, Knotts, McKenzie, D. Miller,
Morris, Phelps, Pritchard, Randolph, Richardson, J. K. Smith, Thompson, Walker, Watts
and West—26.
Noes—Messrs. Crutchfield (speaker), Anderson, Bailey, Ball, Ballard, Barbour, Bass,
Bassel, Bell, Bentley, Boisseau, Booker, Burks, Caperton, Carpenter, Carter, Cassin, Chap¬
man, Childs, Claiborne, Coleman, Crump, Davis, Evans, Ferguson, Friend, Garrett, D. Gib¬
son, J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Harrison, Hackley, Huntt,
Hunter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Kin-
cheloe, Knote, Leftwich, Lucas, Lundy, Lynn, Magruder, Mall cry, W. Martin, Massie, Mat
thews, Maupin, McCamant, McCue, McDowell, McGeliee, McGruder, McKinney, Medley,
Miles, Mong, Montague, Montgomery, Morgan, Myers, Nelson, Newton, Patterson, Preston,
Pretlow, Reid, Riddick, Robertson, Robinson, Rives, Rutherfoord, Seddon, Shannon, Sher-
rard, Sibert, I. N. Smith, H. Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, A.
Watson, Welch, Wilson, Witten, Wood, Woolfolk and Yerby—100.
The question being on concurring with the senate in their amend¬
ment, Mr. Gibson of Hampshire demanded the previous question ;
which was sustained by the house; and being put, was decided in
the affirmative.
On motion of Mr. Seddon, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bass,
Bassel, Bell, Bentley, Bisbie, Boisseau, Booker, Boreman, Brown, Burks, Carpenter, Car¬
ter, Cassin, Chairman, Childs, Christian, Claiborne, Coleman, Cowan, Crump, Davis,
Dickenson, Duckwall, Evans, Ferguson, Fleming, Friend, Garrett, D. Gibson, J. T. Gib¬
son, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Harrison, Haymond, Hackley,
Hoffman, Holdway, Huntt, Hunter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kauf¬
man, Keen, Kemper, Ivincheloe, Knote, Leftwich, Lockridge, Lucas, Lundy, Lynn, Ma¬
gruder, Mallory, W. Martin, Massie, Matthews, Maupin, McCamant, McCue, McDowell,
McGehee, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, Mong, Montague,
Montgomery, Morgan, Morris, Myers, Nelson, Newton, Patterson, Phelps, Preston, Pretlow,
Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Robinson, Rives, Seddon,
Shannon, Sherrard, Sibert, H. Smith, Staples, Thomas, Tomlin, Tyler, Walker, Wallace,
Ward, A. Watson, Watts, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby—110.
Ordered, that the clerk inform the senate thereof.
The Speaker laid before the house a communication from the
president of the board of directors of the penitentiary, with a state¬
ment from the penitentiary agent; which, on motion of Mr. Hay¬
mond, was referred to the committee on finance, and ordered to be
printed. Doc. No. 41.
On motion of Mr. Thompson, the house adjourned until to-morrow,
11 o'clock.
198
JOURNAL OP THE
FRIDAY, March 15, 1861.
Prayer by Rev. Mr. Pettigrew of the Reformed church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 14, 1861.
The senate have passed house bills entitled:
An act to amend the charter of the Sir John's run turnpike com
pany, No. 74.
An act to incorporate the Montgomery female college, No. 8.
An act to amend an act incorporating the town of Christiansburg,
and extending the limits of the same, No. 35.
An act to amend and re-enact the second section of an act passed
Feb'y 8th, 1860, to revive and amend an act passed March 1st, 1853,
entitled an act to amend and revive the charter of the Little Ka¬
nawha navigation company, No. 19.
They have also passed, with amendments, house bills entitled:
An act to amend chapter 108 of the Code, concerning births, mar¬
riages and deaths, No. 96.
An act providing for payment of commissioners, No. 191.
They have passed bills entitled :
An act to increase the pay of certain officers of the public guard,
No. 74.
An act for the relief of the sureties of Robert Chambers, sheriff
of Boone county, No. 175.
An act to incorporate the coal and oil company of Braxton county,
Virginia, No. 176.
An act to incorporate the Commonwealth savings bank of Rich¬
mond, No. 180.
An act to amend the charter of the Virginia car springs company,
No. 182.
An act to amend an act passed March 13th, 1856, entitled an act
to amend an act passed February 25, 1S56, to amend the charter of
the New creek company of Hampshire county, No. 1S4.
An act to incorporate the Laurel valley coal and oil company in
the county of Mason, No. 185.
An act to authorize Thomas Chancellor to erect a wrharf on his
lands, No. 186.
An act extending the corporate limits of the town of Fredericks¬
burg, No. 1S9.
An act to incorporate the Burning springs and oil line rail road
company, No. 193.
An act to authorize the circuit court of Preston county to legalize
the conveyance of a tract of laud made by Andrew Oliphant as
guardian or committee of William Smith, an idiot, No. 194.
An act to incorporate the Silver run mining and manufacturing
company, No. 198.
In which amendments and bills they respectfully request the con¬
currence of the house of delegates.
HOUSE OF DELEGATES.
199
No. 73. A senate bill providing pay for the adjutant general on
account of his services in the reorganization of the militia in the
years 1858 and 1.859, was read the first and second times, and on
motion of Mr. Christian, laid on the table.
No. 167. A senate bill entitled an act organizing a volunteer com¬
pany of cavalry in Albemarle county, was read the first and second
times, and on motion of Mr. Magruder, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 142. A senate bill entitled an act for the relief of the Orange
and Alexandria rail road company, was read the first and second
times, and on motion of Mr. Barbour, laid on the table.
No. 170. A senate bill entitled an act amending the charter of the
Black lick and Plaster bank turnpike company, was read the first
and second times, and on motion of Mr. Graham, read the third
time and passed.
Ordered, that the clerk inform the senate thereof.
No. 173. A senate bill entitled an act to authorize the Loch Leven
rangers in the county of Lunenburg to be organized with a less
number than now required by law, was read the first and second
times, and referred to the committee on military affairs.
No. 172. A senate bill entitled an act to incorporate the Cove
creek lead, copper and iron manufacturing company in the county of
Tazewell, was read the first and second times, and on motion of Mr.
Witten, read the third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 96. A house bill entitled an act to amend chapter 108 of the
Code, concerning births, marriages and deaths, with the amendment
proposed thereto by the senate, was taken up, and the amendment
concurred in.
No. 191. A house bill entitled an act providing for payment of
commissioners, with the amendments proposed thereto by the senate,
was taken up, and the amendments concurred in.
The amendment of the senate to the title of the bill was agreed to.
Ordered, that the clerk inform the senate thereof.
No. 194. A senate bill entitled an act to authorize the circuit court
of Preston county to legalize the conveyance of a tract of land made
by Andrew Oliphant, as guardian or committee of William Smith,
an idiot, was read the first and second times, and on motion of Mr.
Cowan, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 74. A senate bill entitled an act to increase the pay of certain
officers of the public guard, was read the first and second times,
amended, and as amended, on motion of Mr. Robertson, read the
third time and passed.
Ayes—Moss it. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Barbour, Bas-
kervill, Bass, Bentloy, Boisseau, Booker, Burks, Capcrton, Carpenter, Chapman, Childs,
Christian, Claiborne, Coleman, Crump, Davis, Duckwall, Edwards, Evans, Friend, D.
Gibson, J. t. Gibson, J. Gilmer, Goodycoontz, Hack ley, Hunter, James, Jctt, w. t.
Jones, Keen, Kemper, Kincholoe, Leftwich, Lundy, Lynn, Magruder, Mallory, t. Martin,
W. Martin, Massie, Matthews, McCamant, McDowell, McGehee, McKcnzie, Medley, Mong,
Montague, Montgomery, Myers, Nelson, Newton, Patterson, Preston, Pretlow, Eeid, Kid-
200 JOURNAL OF THE
dick, Robertson, Robinson, Rutheri'oord, Seddon, Shannon, Sherrard, H. Smitb, Staples,
Thomas, Tyler, Wilson, Willcox, Wittcn, Wood, Wooifolk and Yerbv—78.
Noes—Messrs. Arnold, Ballard, Boreman, Brown, Cowan, Crane, Dickenson, Fergu¬
son, Fleming, C. H. Oilmer, Harrison, Hayniond, Ii old way, Huntt, Johnson, C. H. Jones,
Knote, Knotts, Lockridgo, J. G. Martin, Maupin, McKinney, Miles, Morris, Phelps, Pritch-
ard, Richardson, Rives, J. K. Smith, Thompson, Tomlin, Walker, Wallace, A. Watson,
Watts, Welch and West—34.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
N6. 198. A senate bill entitled an act to incorporate the Silver
run mining and manufacturing company, was read the first and
second times, and on motion of Mr. Phelps, read the third time and
passed.
No. 193. A senate bill entitled an act to incorporate the Burning
springs and oil line rail road company, was read the first and second
times, and on motion of Mr. Knotts, read the third time and passed.
No. 189. A senate bill entitled an act extending the corporate
limits of the town of Fredericksburg, was read the first and second
times, and on motion of Mr. Magruder, read the third time and
passed.
No. 182. A senate bill entitled an act to amend the charter of the
Virginia car spring company, was read the first and second times,
and on motion of Mr. Bisbie, read the third time and passed.
No. 180. A senate bill entitled an act to incorporate the Common¬
wealth savings bank of Richmond, was read the first and second
times, and on motion of Mr. Robertson, read the third time and
passed.
No. 176. A senate bill entitled an act to incorporate the Coal and
oil company of Braxton county, Virginia, was read the first and se¬
cond times, and on motion of Mr. Alderson, read the third time and
passed.
No. 175. A senate bill entitled an act forthe relief of the sureties of
Robert Chambers, sheriff of Boone county, was read the first and
second times, and on motion of Mr. Ballard, read the third time
and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Ballard, Baskervill, Bass,
Bassel, Bentley, Bisbie, Boisseau, Booker, Boreman, Brown, Barks, Chapman, Christian,
Claiborne, Coleman, Cowan, Crane, Crump, Dickenson, Duckwall, Edwards, Evans, Fer¬
guson, Fleming, Friend, Garrett, D. Gibson, J. T. Gibson, C. II. Gilmer, Goodycoontz,
Graham, Grattan, Harrison, Hackloy, Holdway, Huntt, Hunter, James, Jett, Johnson, C.
H. Jones, Kaufman, Keen, Kemper, Ivincheloe, Knote, Lockridge, Lucas, Lundy, Lynn,
Magruder, Mallory, T. Martin, W. Martin, Massie, Maupin, McCamant, McDowell, McKin-
ney, Miles, D. Miller, Montague, Montgomery, Morris, Myers, Nelson, Newton, Patterson,
Preston, Reid, Richardson, Riddick, Rives, Ruthcrfoord, Seddon, Shannon, Sherrard, Si-
bert, J. K. Smith, I. N. Smith, H. Smith, Staples, Thomas, Thompson, Tyler, Walker, A.
Watson, E. Watson, Watts, Welch, Willcox, Witten, Wood and "Wooifolk—95.
Noes—Messrs. W. T. Jones, Tomlin and Wilson—3.
No. 186. A senate bill entitled an act to authorize Thomas Chan¬
cellor to erect a wharf on his lands, was read the first and second
times, and on motion of Mr. Boreman, read the third time and
passed.
No. 185. A senate bill entitled an act to incorporate the Laurel
valley coal and oil company in the county of Mason, was read the
HOUSE OF DELEGATES.
201
first and second times, and on motion of Mr. Kaufman, read the
third time and passed.
No. 184. A senate bill entitled an act to amend an act passed
March 13, 1856, entitled an act to amend an act passed February
25, 1856, to amend the charter of the New creek company of Hamp¬
shire county, was read the first and second times, and on motion of
Mr. GfiBSON, read the third time and passed.
Ordered, that the clerk inform the senate of the passage of the
foregoing bills.
Mr. Haymond, from the committee on finance, to whom had been
referred the following senate bills, reported the same without amend¬
ment :
No. 120. A senate bill entitled an act for the relief of Samuel
Oppenheimer of Powhatan county.
No. 161. A senate bill entitled an act for the relief of the sureties
of Thomas K. Davis, late sheriff of Prince William county.
Mr. Seddon, from the committee on banks, to whom had been re¬
ferred the following senate bill, reported the same without amend¬
ment :
No. 113. A senate bill entitled an act establishing a branch bank
at the town of Jeffersonville in the county of Tazewell.
Mr. Bassel, from the committee on agriculture and manufactures,
to whom had been referred the following senate bill, reported the
same without amendment:
No. 131. A senate bill entitled an act to amend the 3d and 4th
sections of an act passed March 15, 1850, to provide for the inspec¬
tion of guano and plaster of paris in the city of Richmond and town
of Petersburg.
No. 59. An engrossed bill entitled an act for the relief of Charles
A. Hoge and James Musgrove, was read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 218. An engrossed bill to incorporate the Virginia canal com¬
pany, and to transfer the rights and franchises of the James river and
Kanawha company thereto, was read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Baskervill, Bass, Bent-
ley, Bisbie, Boisseau, Booker, Brown, Burks, Caperton, Carjrcnter, Chapman, Christian,
Coleman, Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Edwards, Evans, Fergu¬
son, Fleming, Friend, Garrstt, D. Gibson, J. T. Gibson, J. Gilmer, C. II. Gilmer, Goody-
coontz, Graham, Grattan, Harrison, Haymond, Hackley, Hoffman, Holdway, Huntt, Hun¬
ter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman. Keen, Kemper, Kincheloe,
Knote, Knotts, Leftwicb, Lockridge, Lundy, Lynn, Magruder, Mallory, J. G. Martin, T.
Martin, W. Martin, Massie, Matthews, Maupin, McCamant, McCue, McDowell, McGehee,
McKinney, Medley, Miles, Mong, Montague, Montgomery, Morris, Myers, Nelson, Newton,
Patterson, Preston, Pritcliard, Eandolph, Reid, Richardson, Riddick, Robertson, Robinson,
Rives, Rutherfoord, Seddon, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, H. Smith,
Staples, Thomas, Tomlin, Tyler, Walker, Wallace, Ward, A. Watson, Watts, Welch, West,
Wilson, Willcox, Witten, Wood, Woolfolk and Yerby—115.
Noes—Messrs. Claiborne and McKenzie—2.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The following engrossed bills were taken up, and on motions seve¬
rally made, laid on the table :
26
202
journal op the
No. 54. A bill to refund to Louisa Hunter of Alexandria county
taxes improperly paid.
No. 55. A bill refunding to Joseph L. Russell amount of taxes
improperly paid on license.
No. 56. A bill for the relief of Henry Cooper of Frederick county.
No. 60. A bill for the relief of Thomas Javins of Fairfax county.
Mr. Ward presented the petition of J. A. Russell, praying relief
from taxes imposed on him in consequence of an erroneous assess¬
ment upon certain lands in Frederick county; which was ordered to
be referred to the committee on finance.
Mr. Seddon submitted the following preamble and resolution;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Whereas it is represented, that on the night of December 1st,
1860, a fire occurred in the county of King George, which caused
the destruction of a quantity of grain and other property, a loss of
considerable amount to the owner, caused by the malice of an incen¬
diary to the patrol appointed by the court, who has been tried and
convicted for the offence : Therefore,
Be it resolved by the general assembly, that the court of the
county of King George be authorized to indemnify the owner, at
their discretion, out of the county levy.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Martin of Henry,
Resolved, that on and after Wednesday next, the sessions of this
house shall commence at 10 o'clock A. M.
On motion of Mr. Ward, the house adjourned until to-morrow,
1.1 o'clock.
SATURDAY, March 16, 1861.
Prayer by Rev. Mr. Pettigrew of the Reformed church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 15, 1861.
The senate have passed house bill entitled:
An act to amend the act concerning district free schools in the
county of Jefferson, No. 43.
And they have passed bills entitled :
An act in relation to the devise made by Joel Osborne to the
Alexandria, Loudoun and Hampshire rail road company, No. 97.
An act allowing compensation to Parsha A. Fowlkes and Joseph
C. Fowlkes, for the arrest of three convicts escaped from the jail of
Lunenburg county, No. 190.
An act to incorporate the Queen's Point Division No. 28 of the
Sons of Temperance in the county of Hampshire, No. 206.
HOUSE OF DELEGATES. 203
' An act to incorporate the Oxford cotton and woolen company,
No. 207.
An act to authorize the sale of certain church property in the
town of Moorefield, No. 209.
An act to amend the act incorporating the Insurance company of
the state of Virginia, of Richmond, No 210.
An act for the incorporation of the Home mining and manufac¬
turing company, No. 211.
An act to amend the 1st section of an act entitled an act to incor¬
porate the Springfield and Deep run coal mining and manufacturing
company, passed the 12th of Feb'y 1861, No. 215.
In which they respectfully request the concurrence of the house
of delegates.
No. 97. A senate bill entitled an act in relation to the devise made
by Joel Osborne to the Alexandria, Loudoun and Hampshire rail
road company, was read the first and second times, and on motion of
Mr. Ball, read the third time and passed.
Ayes—Messrs. Cratchfield (speaker), Alderson, Anderson, Arnold, Ball, Ballard, Basker-
vill, Bass, Bell, Booker, Boreman, Brown, Burks, Caperton, Carter, Cassin, Ckilds, Collier,
Crane, Crump, Davis, Duckwall, Edgington, Edwards, Ferguson, Fleming, Friend, Frost.
Garrett, D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Grattan, Harrison, Haymond,
Hackley, Huntt, Hunter, James, Jett, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper,
Knotts, Kyle, Lockridge, Lucas, Lundy, J. G. Martin, T. Martin, Massie, Matthews, Mau-
pin, McDowell, McKinney, McKenzie, Miles, D. Miller, Mong, Montague, Morris, Myers,
Nelson, Porter, Preston, Randolph, Reid, Richardson, Robertson, Shannon, Sherrard, J. K.
Smith, I. N. Smith, Staples, Thomas, Thompson, Tomlin, Tyler, Wallace, A. Watson,
Welch, Witten, Wood and Yerby—87.
Noes—Messrs. Boisseau, Coleman, Cowan, Dickenson, Holdway, Johnson, Mallory,
Newton, Phelps, Pritchard, Rives, H. Smith, Watts, Wilson, Wingfield and Woolfolk—16.
Ordered, that the clerk inform the senate thereof.
No. 190. A senate bill entitled an act allowing compensation to
Parsha A. Fowlkes and Joseph C. Fowlkes, for the arrest of three
convicts escaped from the jail of Lunenburg county, was read the
first and second times, and on motion of Mr. Crump, read the third
time; and the question being—Shall the bill pass? Mr. Myers de¬
manded the previous question; which was sustained by the house,
and being put, was decided in the affirmative.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bass, Bassel, Bell, Bisbie, Boisseau, Booker, Burks, Caperton, Carter, Cassin,
Chapman, Childs, Claiborne, Collier, Crump, Davis, Dickenson, Edgington, Edwards,
Fleming, Friend, Garrett, D. Gibson, Graham, Grattan, Holdway, James, Jett, W. T.
Jones, Kaufman, Keen, Kemper, Leftwich, Lockridge, Lucas, Lundy, Lynn, J. G. Martin,
T. Martin, Matthews, Maupin, McCamant, McKinney, McKenzie, Medley, Miles, D. Miller,
Mong, Montague, Montgomery, Myers. Nelson, Newton, Phelps, Preston, Randolph, Reid,
Richardson, Robertson, Shannon, Sherrard, H. Smith, Staples, Thomas, Thompson, Tyler,
Wallace, A. Watson, Welch, Wilson, Wingfield, Witten, Wood and Woolfolk—82.
Noes—Messrs. Boreman, Brown, Coleman, Cowan, J. T. Gibson, Goodycoontz, Hani-
son, Haymond, Huntt, Johnson, C. H. Jones, Knotts, Kyle, Mallory, Massie, McDowell,
Morris, Pritchard, Robinson, Rives, J. K. Smith, I. N. Smith, Tomlin, Watts and West—24.
Ordered, that the clerk inform the senate thereof.
No. 206. A senate bill entitled an act to incorporate the Queen's
Point Division No. 28 of the Sons of Temperance, in the county of
Hampshire, was read the first and second times.
Mr. Sherrard moved that the bill be read the third time this day.
Pending the consideration of which, Mr. Duckwall moved the inde-
20.4
JOURNAL OP THE
finite postponement of the bill; and the question being on agreeing
thereto, Mr. Cowan demanded the previous question; which was
sustained by the house; and being put, was decided in the affirmative.
No. 207. A senate bill entitled an act to incorporate the Oxford
cotton and woolen company, was read the first and second times,
and on motion of Mr. Newton, read the third time and passed.
No. 209. A senate bill entitled an act to authorize the sale of cer¬
tain church property in the town of Moorefield, was read the first
and second times, and on motion of Mr. Cassin, read the third time
and passed.
No. 210. A senate bill entitled an act to amend the act incorpo¬
rating the Insurance company of the state of Virginia, of Richmond,
was read the first and second times, and on motion of Mr. Myeks,
read a third time and passed.
No. 211. A senate bill entitled an act for the incorporation of the
Home mining and manufacturing company, was read the first and
second times, and on motion of Mr. Smith of Kanawha, read the
third time and passed.
No. 215. A senate bill entitled an act to amend the 1st section of
an act entitled an act to incorporate the Springfield and Deep run
coal mining and manufacturing company, passed the 12th of Febru¬
ary .1861, was read the first and second times, and on motion of Mr.
Myers, read the third time and passed.
Ordered, that the clerk inform the senate thereof.
A message was received from the senate, by Mr. Paxton, who
informed the house of delegates that the senate had passed a bill
217, entitled an act-to incorporate the Southern express company;
which said bill was subsequently read the first and second times, and
on motion of Mr. Haymond, laid upon the table.
Mr. Kemper, from the committee on military affairs, to whom had
been referred senate bill 173, entitled an act to authorize the Loch
Leven rangers in the county of Lunenburg to organize with a less
number than now required by law, reported the same, with the
recommendation that it do not pass.
Mr. Bassel, from the committee on agriculture and manufactures,
to whom had been referred senate bill 140, entitled an act incorpo¬
rating the Coleraine mining and manufacturing company, reported
the same without amendment.
Mr. Hackley, from the committee on enrolled bills, presented the
following report:
The committee on enrolled bills have examined sundry bills, and
find them all correct.
Mr. Edwards presented the petition of Alexander Nowlin of
Franklin county, to remit a fine, &c.; which was ordered to be re¬
ferred to the committee on finance.
Mr. Jones of Appomattox submitted the following resolution :
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of taking the sense of the voters of the
commonwealth, in respect to the propriety of calling another sove¬
reign convention, and of abolishing and superseding the present con-
HOUSE OF DELEGATES.
205
vention; and the question being on agreeing thereto, Mr. Booker
demanded the previous question; which was sustained by the house ;
and being put, was decided in the negative.
On motion of Mr. McDowell, the vote was recorded as follows:
Ayes—Messrs. Ballard, C. H. Jones, Kemper, Lynn, McCamant, McDowell, Tomlin
and Witten—8.
Noes—Messrs. Crutchfield (speaker), Aldcrson, Ball, Baskervill, Bass, Bisbie, Boisseau,
Boreman, Burks, Ckilds, Christian, Cowan, Crane, Davis, Edwards, Ferguson, Fleming,
Friend, D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Harrison, Haymond, Hackley,
Holdway, Hunter, James, Jett, Johnson, Keen, Knote, Knotts, Kyle, Leftwich, Lockridge,
Lucas, Mallory, J. G. Martin, Massie, Matthews, Maupin, McKinney, McKenzie, Medley,
Miles, D. Miller, Montague, Montgomery, Morris, Myers, Newton, Preston, Pritchard, Reid,
Richardson, Robertson. Rives, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples,
Thomas, Thompson, Tyler, Walker, A. Watson, Watts, Welch, West, Wilson, Wingfield
and Yerby—75.
No. 138. A senate bill entitled an act to amend the 23d section of
the 61st chapter of the Code, entitled " of works of internal im¬
provement," was taken up, on motion of Mr. Martin of Norfolk,
amended, and as amended, read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Gtlmer of Pittsylvania,
Resolved, that the committee on military affairs enquire into the
expediency of authorizing the organization of a troop at Pittsylvania
courthouse, with forty-five members, rank and file.
On motion of Mr. Nelson,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill authorizing the county court of Flu¬
vanna to appropriate such portion of the funds, as they deem proper,
already raised, or hereafter to be raised by the issue of county bonds,
under the act entitled an act authorizing the county courts of the
commonwealth to raise funds for arming the citizens, to the uniform¬
ing and equipping of volunteer companies.
On motion of Mr. Preston,
Resolved, that the committee on finance enquire into the expe¬
diency and propriety of sending a copy of the Code of Virginia and
of the Acts of Assembly to the library of each chartered college in
the state, that may make such request through the representative of
the county in which such college is located.
On motion of Mr. Gibson of Hampshire,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of establishing an inspection of leather at
New creek station in the county of Hampshire, or providing a gene¬
ral law on that subject.
On motion of Mr. Welch,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill to settle the boundary
line between the counties of Clay and Kanawha, so as to definitely
restore the county of Kanawha to the original line between said
county of Kanawha and Nicholas county, and establish that as the
county line between Kanawha and Clay counties.
206
JOURNAL OF THE
On motion of Mr. Watts,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to Capt. Sprague of the schooner
Wm. H. Rutan, a fine paid by him for an alleged violation of the
inspection laws.
On motion of Mr. Morris,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of reporting a bill incorporating the Mar¬
shall county oil and mining company.
On motion of Mr. Sherrard,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to Silas Reese of Hampshire county
the sum of forty dollars, paid by him as land tax.
On motion of Mr. Shannon,
Resolved, that the committee of propositions and grievances be
requested to enquire into the expediency of reporting a bill to amend
the charter of the town of Marion in the county of Smyth, and to
authorize the election of officers for the same.
No. 161. A senate bill entitled an act for the relief of the sureties
of Thos. K. Davis, late sheriff of Prince William county, was taken
up, on motion of Mr. Lynn, read the third time; and the question
being—Shall the bill pass ? Pending the consideration thereof,
On motion of Mr. Newton, the house adjourned until Monday,
11 o'clock.
MONDAY, March 18, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 16, 1861.
The senate have passed house bill entitled:
An act for the relief of Charles A. Hoge and James Musgrave,
No. 59.
And they have passed, with amendments, house bills entitled:
An act amending certain laws respecting the militia of the com¬
monwealth, so as to render them more efficient, No. 143.
An act to amend the charter of the city of Richmond, No. 7.
They have agreed to a joint resolution from the house of delegates
concerning a fire in King George.
And they have passed bills entitled:
An act to incorporate the American agency, No. 84.
An act for the relief of Edward Johnson of the county of Giles,
No. 187.
An act for the relief of the securities of Reese Browning, late
sheriff of Logan county, No. 212.
An act refunding to Lynn & Compton a license tax improperly
collected of them, No. 218.
HOUSE OF DELEGATES. 207
An act authorizing the payment of the amount of a lost coupon
to James C. McGuire & Co., No. 219.
An act amending the third section of an act entitled an act incor¬
porating the town of Portsmouth as a city, passed March 1st, 1858,
No. 221.
An act to incorporate the Bank of Parkersburg in the county of
Wood, No. 227.
An act authorizing the city of Portsmouth to issue coupon bonds,
No. 228.
An act allowing Amanda Higdon a pension for five years, No. 231.
An act to incorporate the trustees of the Parkersburg classical and
scientific institute, No. 233.
In which amendments and bills they respectfully request the con¬
currence of the house of delegates.
No. 84. A senate bill entitled an act to incorporate the American
agency, was read the first and second times, and on motion of Mr.
Haymond, laid upon the table.
No. 187. A senate bill entitled an act for the relief of Edward
Johnson of the county of Giles, was read the first and second times,
and on motion of Mr. Lucas, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Ball, Ballard, Bass,
Bassel, Bell, Bisbie, Booker, Boreman, Brown, Burks, Cassin, Childs, Christian, Claiborne,
Coleman, Cowan, Crump, Dickenson, Duckwall, Edwards, Ferguson, Fleming, Friend,
Frost, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Grattan, Harri¬
son, Haymond, Haekley, Holdway, Hunter, James, Johnson, C. II. Jones, W. T. Jones,
Kaufman, Keen, Kee, Kemper, Knote, Knotts, Leftwich, Lockridge, Lucas, Lundy, Lynn,
Mallory, J. G. Martin, T. Martin, W. Martin, Matthews, Maupin, McCamant, McKinney,
McKenzie, Miles, D. Miller, Mong, Montague, Montgomery, Morris, Myers, Nelson, Phelps,
Preston, Pritchard, Randolph, Reid, Richardson, Robertson, Robinson, Rives, Shannon,
Sherrard, Sibert, J. K. Smith, H. Smith, Staples, Thomas, Tomlin, Tyler, Walker, Wallace,
A. Watson, E. Watson, Watts, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby—
102.
No. 212. A senate bill entitled an act for the relief of the securi¬
ties of Reese Browning, late sheriff of Logan county, was read the
first and second times, and on motion of Mr. Ballard, read the third
time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bass, Bassel, Bell, Bisbie, Booker, Boreman, Brown, Burks, Childs, Christian,
Claiborne, Coleman, Cowan, Crane, Crump, Dickenson, Duckwall, Edwards, Ferguson,
Fleming, Friend, Frost, D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Grat¬
tan, Harrison, Haymond, Haekley, Holdway, Hunter, Johnson, C. H. Jones, Kaufman,
Keen, Kee, Kemper, Knote, Knotts, Leftwich, Lockridge, Lucas, Lundy, Lynn, Mallory,
T. Martin, W. Martin, Massie, Matthews, Maupin, McCamant, McDowell, McKinney,
McKenzie, Miles, D. Miller, Mong, Montague, Montgomery, Morris, Myers, Nelson,
Phelps, Pritchard, Randolph, Reid, Richardson, Robinson, Rives, Shannon, Sherrard,
Sibert, J. K. Smith, H. Smith, Staples, Thompson, Tomlin, Tyler, Walker, Wallace, A.
Watson, E. Watson, Watts, Welch, West, Wood, Woolfolk and Yerby—98.
Noes—Messrs. W. T. Jones and Willcox—2.
No. 227. A senate bill entitled an act to incorporate the Bank of
Parkersburg in the county of Wood, was read the first and second
times, and on motion of Mr. Boreman, read the third time and passed.
No. 218. A senate bill entitled an act refunding to Lynn & Comp-
ton a license tax improperly collected of them, was read the first and
second times, and on motion of Mr. Lynn, read the third time and
passed.
208
JOURNAL OF THE
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bell, Bisbie, Booker, Boreman, Brown, Cassin, Cbilds, Christian, Claiborne,
Coleman, Crane, Cramp, Duckwall, Edwards, Ferguson, Fleming, Friend, Frost, D. Gib¬
son, J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Harrison, Hackley, Hunter, James,
Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Knote, Knotts, Lucas,
Lundy, Mallory, W. Martin, Massie, Matthews, Maupin, McCamant, McKinney, McKenzie,
Medley, Miles, D. Miller, Mong, Montague, Montgomery, Morris, Myers, Nelson, Newton,
Phelps, Preston, Pritchard, Randolph, Reid, Richardson, Robertson, Robinson, Rives,
Shannon, Sherrard, Sibert, J. K. Smith, Staples, Thomas, Tyler, Walker, Wallace, Ward,
A. Watson, E. Watson, Welch, West, Witten, Wood and Woolfolk—89.
Noes—Messrs. Bass, Kee, J. G. Martin, McDowell, Tomlin, Wilson and Yerby—7.
No. 221. A senate bill entitled an act amending the third section
of an act entitled an act incorporating the town of Portsmouth as a
city, passed March 1, 1858, was read the first and second times, and
on motion of Mr. Watts, read the third time and passed.
No. 228. A senate bill entitled an act authorizing the city of
Portsmouth to issue coupon bonds, was read the first and second
times, and on motion of Mr. Watts, read the third time and passed.
No. 233. A senate bill entitled an act to incorporate the trustees
of the Parkersburg classical and scientific institute, was read the first
and second times, and on motion of Mr. Boreman, read the third
time and passed.
Ordered, that the clerk inform the senate thereof.
No. 219. A senate bill entitled an act authorizing the payment of
the amount of a lost coupon to James C. McGuire & Co., was read
the first and second times, amended, and as amended, on motion of
Mr. Sibert, read a third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bassel, Bell, Bisbie, Booker, Boreman, Brown, Burks, Cassin, Cbilds, Claiborne,
Coleman, Crane, Crump, Edwards, Ferguson, Fleming, Frost, Garrett, D. Gibson, J. A
Gibson, Goodycoontz, Graham, Grattan, Harrison, Haymond, Holdway, Hunter, James,
Johnson, C. H. Jones, W. T. Jones, Kaufman, Kemper, Knote, Knotts, Leftwich, Lock-
ridge, Lucas, Lundy, Lynn, J. G. Martin, W. Martin, Massie, Matthews, Maupin, McCa¬
mant, McDowell, McKinney, McKenzie, Miles, D. Miller, Mong, Montague, Montgomery,
Morris, Myers, Nelson, Newton, Preston, Randolph, Reid, Richardson, Robertson, Sherrrard,
Sibert, J. K. Smith, H. Smith, Staples, Thomas, Tyler, Walker, Wallace, A. Watson, E.
Watson, Watts, Welch, West, Wingfield, Witten, Wood, Woolfolk and Yerby—90.
Noes—Messrs. Bass, Christian, Duckwall, Friend, J. Gilmer, Kee, Mallory, Medley,
Rives, Tomlin and Wilson—11.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 231. A senate bill entitled an act allowing Amanda Higdon a
pension for five years, was read the first and second times, and re¬
ferred to the committee on finance.
No. 143. A house bill entitled an act amending certain laws re¬
specting the militia of the commonwealth, so as to render them more
efficient, with the amendments proposed thereto by the senate, was
taken up.
Mr. Kemper moved to disagree to the amendments of the senate;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
On motion of Mr. Kemper,
Resolved, that a committee of conference be appointed by this
house, to confer with a similar committee to be appointed by the
senate, in relation to the disagreement of the two bodies in reference
HOUSE OF DELEGATES.
209
to house "bill 143, entitled an act amending certain laws respect¬
ing the militia of the commonwealth, so as to render them more
efficient.
The Speaker announced the following committee under the reso¬
lution : Messrs. Kemper, Crump, Jones of Gloucester, McCamant
and Lockridge.
Subsequently", a message was received from the senate, by Mr.
Wickham, who informed the house of delegates that the senate had
concurred in the resolution, and appointed a committee of conference
on their part.
No. 7. A house bill entitled an act to amend the charter of the
city of Richmond, with the amendments proposed thereto by the
senate, was taken up.
The amendments were concurred in.
Ordered, that- the clerk inform the senate thereof.
Mr. Hayjviond, from the committee on finance, to whom had been
referred
No. 153. A senate bill entitled an act directing the payment of
certain interest to Enoch J. O'Brien, reported the same without
amendment.
Mr. Haymond, from, the same committee, presented an adverse re¬
port to a resolution to enquire into the expediency of refunding to
Silas Reese of Hampshire county, a sum of money paid by him as
land tax.
Mr. Haymond, from the committee on finance, to whom had been
referred a communication from the board of directors of the peni¬
tentiary, moved that said committee be authorized to send for persons
and papers; and the question being on agreeing thereto, was put,
and decided in the affirmative.
Mr. Kemper, from the committee on military affairs, presented the
following bill:
No. 269. A bill to authorize the county court of Fluvanna county
to appropriate certain funds to the uniforming and equipping volun¬
teer companies in said county.
The following bills were taken up successively, on motion of Mr.
Gibson of Hampshire, and postponed to, and made the orders of the
day for to-morrow at 12 o'clock.
No. 131. A bill to extend the charter of the Bank of Virginia.
No. 132. A bill to extend the charter of the Farmers Bank of
Virginia.
No. 133. A bill to extend the charter of the Bank of the Valley
in Virginia.
No. 134. A bill to extend the charter of the Exchange Bank of
Virginia.
No. 135. A bill to extend the charter of the Northwestern Bank
of Virginia.
No. 136. A bill to extend the charter of the Merchants and Me¬
chanics Bank of Wheeling.
No. 161. A senate bill entitled an act for the relief of the sureties
of Thomas K. Davis, late sheriff of Prince William county, being
27
210
JOURNAL OF THE
the unfinished business of yesterday, was taken up, read the third
time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bassel, Bell, Bisbie, Booker, Boreman, Brown, Burks, Chapman, Childs, Chris¬
tian, Claiborne, Coleman, Cowan, Crane, Crump, Duckwall, Edwards, Ferguson, Fleming,
Friend, Garrett, D. Gibson, J. Gilmer, Goodycoontz, Graham, Harrison, Raymond, Hackley,
Holdway, Hunter, James, Johnson, Kaufman, Keen, Kee, Kemper, Knote, Knotts, Left-
wich, Lockridge, Lucas, W. Martin, Matthews, Maupin, McCamant, McKinney, McKenzie,
Medley, Miles, D. Miller, Mong, Montague, Montgomery, Morris, Myers, Newton, Phelps,
Preston, Randolph, Reid, Richardson, Robinson, Rives, Shannon, Sherrard, Sibert, J. K.
Smith, Staples, Thomas, Walker, Wallace, A. Watson, Watts, Welch, West, Wit-ten, Wood,
Woolfolk and Yerby—87.
Noes—Messrs. Bass, W. T. Jones, Mallory, McDowell, Tomlin and Wilson—6.
Ordered, that the clerk inform the senate thereof.
No. 24. A bill for the relief of Enoch Atkins of the county of
Giles, was taken up, on motion of Mr. Lucas, read the second time,
amended, and as amended, ordered to be engrossed and read the third
time ; and being forthwith engrossed, two-thirds concurring, was read
the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Basker-
vill, Bass, Bell, Bisbie, Booker, Brown, Caperton, Cassin, Chapman, Childs, Christian,
Claiborne, Coleman, Crump, Duckwall, Edwards, Ferguson, Fleming, Garrett, D. Gibson,
J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Grattan, Haymond, Hackley, Holdway,
Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kemper, Ivnote, Knotts, Leftwich, Lock¬
ridge, Lucas, Lynn, Mallory, J. G. Martin, W. Martin, Massie, Matthews, Maupin, McCa¬
mant, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, Mong, Montague, Mont¬
gomery, Morris, Myers, Nelson, Newton, Phelps, Preston, Randolph, Reid, Richardson,
Robertson, Robinson, Rives, Shannon, Sherrard, Sibert, J. K. Smith, Staples, Thomas,
Tomlin, Walker, Wallace, A. Watson, Welch, Witten, Wood, Woolfolk and Yerby—89.
Noes—Messrs. McDowell, Watts and Wilson—3.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 27. A senate bill entitled an act refunding to Moses G. Booth
damages paid by him as surety of Samuel S. Turner, late sheriff of
Franklin, was taken up, on motion of Mr. Edwards, amended, and
as amended, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Basker¬
vill, Bass, Booker, Boreman, Burks, Cassin, Chapman, Childs, Christian, Coleman, Crump,
Dickenson, Duckwall, Edwards, Ferguson, Fleming, Friend, D. Gibson, J. T. Gibson, J.
Gilmer, Goodycoontz, Graham, Grattan, Harrison, Haymond, Hackley, Holdway, Hunter,
Johnson, Kaufman, Keen, Kemper, Knotts, Leftwich, Lockridge, Lucas, Lundy, Lynn,
Mallory, W. Martin, Massie, Matthews, Maupin, McCamant, McDowell, McKinney, McKen¬
zie, Miles, D. Miller, Mong, Montague, Montgomery, Morris, Myers, Nelson, Newton, Phelps,
Preston, Reid, Richardson, Robinson, Rives, Shannon, Sherrard, Sibert, I. N. Smith, Sta¬
ples, Thomas, Thompson, Tomlin, Tyler, Walker, "Wallace, A. Watson, Watts, Welch,
Wingfield, Witten, Woolfolk and Yerby—86.
Noes—Messrs. W. T. Jones, J. G. Martin, Medley and Wilson—4.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 121. A senate bill entitled an act for the relief of Joseph W.
Harper, was taken up, on motion of Mr. Mallory, read the third
time and passed.
Ayes—Messrs. Alderson, Anderson, Bailey, Ball, Ballard, Bass, Bassel, Bell, Bisbie,
Booker, Boreman, Brown, Caperton, Chapman, Childs, Christian, Claiborne, Coleman,
Cowan, Crane, Crump, Duckwall, Edwards, Ferguson, Friend, Garrett, D. Gibson, J. Gil¬
mer, Goodycoontz, Graham, Grattan, Harrison, Haymond, Hackley, Holdway, Hunter,
Johnson, W. T. Jones, Kaufman, Kemper, Knotts, Leftwich, Lockridge, Lucas, Lundy,
Lynn, Mallory, J. G. Martin, W. Martin, Massie, Matthews, Maupin, McCamant, McDow-
HOUSE OF DELEGATES.
211
ell, McGruder, McKinrtey, McKenzie, Medley, Miles, D. Miller, Mong, Montague, Mont¬
gomery, Morris, Myers, Nelson, Newton, Phelps, Preston, Randolph, Reid, Richardson,
Eobertsou, Eobinson, Rives, Shannon, Sherrard, Sibert, J. K. Smith, Staples, Thomas,
Tomlin, Walker, Wallace, A. Watson, Watts, Welch, West, Witten, Wood and Yerby—91.
No—Mr. Wilson—1.
No. 146. A bill releasing the securities of Robert O. Doss, late
sheriff of Campbell county, from the payment of damages, was taken
up, on motion of Mr. Leftwich ; and the question being—Shall the
bill be engrossed and read a third time ? Pending the consideration
thereof,
On motion of Mr. Grattan, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, March 19, 1861.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, March 18, 1861.
The senate have agreed to the amendment proposed by the house
of delegates to senate bill entitled an act to amend the 2-3d section
of the 61st chapter of the Code, entitled, " of works of internal im¬
provement," No. 138.
And they have passed bills entitled:
An act to establish an inspection of leather for the county of
Hampshire, No. 213.
An act authorizing the Petersburg rail road company to increase
its capital stock, No. 232.
An act to authorize the treasurer of the state to destroy certain
bank notes now on deposit in his office, and such as may be received
in future, No. 225.
In which they respectfully request the concurrence of the house
of delegates.
No. 213. A senate bill entitled an act to establish an inspection of
leather for the county of Hampshire, was read the first and second
times, and on motion of Mr. Gibson of Hampshire, laid on the
table.
No. 225. A senate bill entitled an act to authorize the treasurer
of the state to destroy certain bank notes now on deposit in his
office, and such as may be received in future, was read the first and
second times, and on motion of Mr. Haymond, read the third time
and passed.
No. 232. A senate bill entitled an act authorizing the Petersburg
rail road company to increase its capital stock, was read the first and
second times, and on motion of Mr. Collier, read the third time and
passed.
Ordered, that the clerk inform the senate thereof.
No. 217. A senate bill entitled an act to incorporate the South¬
ern express company, was taken up, on motion of Mr. Christian,
amended, and as amended, read the third time and passed.
212
JOURNAL OF THE
Ordered, that Mr. Christian carry the same to the senate, and re¬
quest their concurrence.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a letter from the governor of Indiana, transmitting
a joint resolution adopted by the general assembly of Indiana, in
reference to a call of a convention to amend the constitution of the
United States; which were read, laid on the table and ordered to be
printed. Doc. No. 42.
The Speaker also laid before the house a communication from the
president of the United States, enclosing a resolution adopted by con¬
gress in relation to an amendment of the constitution; which were
read, laid on the table and ordered to be printed. Doc. No. 43.
Mr. Haymond, from the committee on finance, to whom had been
referred
No. 26. A senate bill entitled an act refunding to Elizabeth C.
Richardson of Henrico county a sum of money paid by her on an
erroneous assessment of land, and for correcting said assessment, re¬
ported the same with amendments.
Mr. Kemper, from the committee of conference appointed by the
house to confer with a similar committee on the part of the senate,
in relation to
No. 143. A bill entitled an act amending certain laws respecting
the militia of the commonwealth, so as to render them more effective,
presented a report, submitting various amendments to the bill; which
were concurred in by the house.
Ordered, that Mr. Kemper carry the same to the senate, and re¬
quest their concurrence.
Mr. Bassel, from the committee on agriculture and manufactures,
presented the following bill:
No. 270. A bill to incorporate the Marshall county oil and mining
company.
No. 146. A bill releasing the securities of Robert 0. Doss, late
sheriff of the county of Campbell, from the payment of damages,
being the unfinished business of yesterday, was taken up.
Mr. Duckwall submitted a substitute for the bill, by way of
amendment; and on his motion, the bill was laid upon the table, and
the substitute ordered to be printed.
Mr. Fleming, from the joint committee on the penitentiary, pre¬
sented a report; which, on his motion, was laid on the table and
ordered to be printed. Doc. No. 44.
The following bills, being the orders of the day, were taken up,
amended, and as amended, read the second time, and ordered to be
engrossed and read the third time :
No. 131. A bill to extend the charter of the Bank of Virginia.
No. 132. A bill to extend the charter of the Farmers Bank of
Virginia.
No. 133. A bill to extend the charter of the Bank of the Valley
in Virginia.
No. 134. A bill to extend the charter of the Exchange Bank of
Virginia.
HOUSE OF DELEGATES.
213
No. 135. A bill to extend the charter of the Northwestern Bank
of Virginia.
No. 136. A bill to extend the charter of the Merchants and Me¬
chanics Bank of Wheeling.
No. 149. A bill to amend the charter of the Bank of Charleston,
was taken up, on motion of Mr. Seddon, amended, and as amended,
read the second time, and ordered to be engrossed and read the third
time; and being forthwith engrossed, two-thirds concurring, was read
the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Collier presented the petition of citizens of Petersburg, pray¬
ing for a lien law for the benefit of persons furnishing building ma¬
terials, &c.; which was ordered to be referred to the committee for
courts of justice.
Mr. Collier submitted the following resolution; which being
objected to, was laid over under the rule :
Kesolved, that this house, with the consent of the senate, will
adjourn sine die on Monday 25th instant.
No. 232. A bill to extend the charter of the Central Bank of Vir¬
ginia, was taken up, on motion of Mr. McCue.
Mr. McCue submitted an amendment to the bill.
Pending the consideration of which,
On motion of Mr. McKenzie, the house adjourned until to-morrow,
10 o'clock.
WEDNESDAY, March 20, 1861.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, March 19, 1861.
The senate have agreed to the amendments proposed by the house
of delegates to senate bills entitled:
An act authorizing the payment of the amount of a lost coupon to
James C. McG-uire & Co., No. 219.
An act refunding to Moses Gr. Booth, damages paid by him as
surety of Samuel S. Turner, late sheriff of Franklin county, No. 27.
No. 154. A bill absolving the state and treasurer from all liability
in case of loss of coupon bonds deposited as security for bank circu¬
lation, unless the said coupon bonds be converted into registered
stock, and prohibiting coupon bonds from being received in future as
such security, was taken up, on motion of Mr. Haymond, read the
second time, and ordered to be engrossed and read the third time;
and subsequently being engrossed, two-thirds concurring, was read
the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
214
JOURNAL OF THE
No. 155. A bill amending the charter of the town of Charleston
in the county of Kanawha, was taken up, on motion of Mr. Smith
of Kauawha, read the second time, and ordered to be engrossed and
read the third time; and being forthwith engrossed, two-thirds con¬
curring, wTas read the third time and passed.
Ordered, that Mr. Smith of Kanawha carry the same to the senate,
and request their concurrence.
No. 179. A bill to amend the 2d, 3d and 6th sections of an act
passed February 28, 1856, providing for working the county roads of
Loudoun county, was taken up, on motion of Mr. Bentley, read the
second time, and ordered to be engrossed and read the third time; and
being forthwith engrossed, two-thirds concurring, was read the third
time and passed.
Ordered, that Mr. Bentley carry the same to the senate, and re¬
quest their concurrence.
No. 108. A senate bill entitled an act to incorporate the Chester¬
field car, locomotive and agricultural implement manufacturing com¬
pany, was taken up, on motion of Mr. Friend, read the third time
and passed.
No. 140. A senate bill incorporating the Coleraine mining and
manufacturing company, was taken up, on motion of Mr. Welch,
read the third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 257. A bill to amend and re-enact the 1st, 2d, 3d, 4th, 5th
and 6th sections of chapter 23 of the Code, and to increase and re¬
arrange the divisions and brigades of the militia of the common¬
wealth, was taken up, on motion of Mr. Watson of Accomack.
Mr. Woolfolk moved to lay the bill on the table; and the ques¬
tion being on agreeing thereto, Mr. Haymond demanded the previous
question; which was sustained by the house; and being put, was de¬
cided in the negative.
The bill was then read the second time, and ordered to be en¬
grossed and read the third time ; and being forthwith engrossed, two-
thirds concurring, was read the third time and passed.
Ordered, that Mr. Crump carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate, by Mr. Paxton, who in¬
formed the house of delegates that the senate had disagreed to the
first amendment proposed by the house of delegates to senate bill
217, entitled an act to incorporate the Southern express company,
and had agreed to the second amendment thereto, proposed b^ the
house of delegates.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road, was taken up, on motion of
Mr. Chapman, laid on the table, and made the order of the day for
to-morrow at 12 o'clock.
The following engrossed bills were taken up, read the third time
and passed:
No. 131. A bill to extend the charter of the Bank of Virginia.
HOUSE OF DELEGATES.
215
No. 132. A bill to extend the charter of the Farmers Bank of Vir¬
ginia.
No. 133. A bill to extend the charter of the Bank of the Valley
in Virginia.
No. 134. A bill to extend the charter of the Exchange Bank of
Virginia.
No. 135. A bill to extend the charter of the Northwestern Bank
of Virginia.
No. 136. A bill to extend the charter of the Merchants and Me¬
chanics Bank of Wheeling.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 229. A bill to incorporate the Carroll mining and manufac¬
turing company, was taken up, on motion of Mr. Kyle, amended,
and as amended, read the second time, and ordered to be engrossed
and read the third time; and being forthwith engrossed, two-thirds
concurring, was read the third time and passed.
No. 92. A bill to amend the charter of Brown's gap turnpike
company, was taken up, on motion of Mr. Magruder, amended, arid
as amended, read the second time; and ordered to be engrossed and
read the third time; and being forthwith engrossed, two-thirds con¬
curring, was read the third time and passed.
No. 137. A bill authorizing the Board of public works to appoint
commissioners to estimate and report upon losses sustained by John
Conaway in the construction of the Fairmont and Wheeling turn¬
pike road, was taken up, on motion of Mr. Pritchard, read the
second time, and ordered to be engrossed and read the third time;
and being forthwith engrossed, two-thirds concurring, was read the
third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 137. A senate bill entitled an act to incorporate the Industrial
society of Wood county, was taken up, on motion of Mr. Boreman,
read the third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 106. A senate bill entitled an act to distribute Mayo's Guide
to Magistrates to coroners, was taken up, on motion of Mr. Thomp¬
son, amended, and as amended, read the 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 the third time:
No. 242. A bill for the relief of .John Robinson, a free negro of
Rockingham county.
No. 216. A bill to amend and re-enact an act passed March 22,
1860, entitled an act to incorporate the Knob turnpike company in
the county of Washington, and incorporating the Abingdon and Ten¬
nessee turnpike company.
No. 1S8. A bill amending the 9th section of chapter 212 of the
Code, providing compensation to the owners of condemned slaves.
216
JOURNAL OF THE
No. 60. A senate bill entitled an act transferring the Huttonsville
and Huntersville turnpike road to the counties through which the
same passes, was taken up, and on motion of Mr. Johnson, laid on
the table.
Mr. Collier moved to take up a resolution heretofore submitted
by him, providing for the adjournment of the house, with the consent
of the senate, on Monday the 25th instant; and the question being
on agreeing thereto, Mr. Walker demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative.
On motion of Mr. Mallory, the vote was recorded as follows:
Ayes—Messrs. Alderson, Ballard, Bassel, Bell, Bentley, Boisseau, Boreman, Brown,
Burks, Carter, Coleman, Collier, Cowan, Dickenson, Ferguson, Ferrill, Fleming, Frost,
Garrett, D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Haymond, Hackley, Hoffman,
Holdway, Hunter, Keen, Kemper, Kincheloe, Knotts, Kyle, Lockridge, Lundy, Magruder,
Mallory, T. Martin, W. Martin, Matthews, McKinney, Medley, Miles, D. Miller, J. R. Mil¬
ler, Mong, Montgomery, Morgan, Morris, Nelson, Newton, Orgain, Pritchard, Randolph,
Richardson, Rolynson, Rutherloord, Sibert, J. K. Smith, I.N. Smith, Staples, Tomlin, Ward,
A. Watson, E. Watson, Welch, West, Wingfield, Wood and Woolfolk—68.
Noes—Messrs. Crutchfield (speaker), Anderson, Bailey, Ball, Baskervill, Bass, Bisbie,
Chapman, Christian, Crane, Crump, Duckwall, Edgington, Edwards, Graham, Harrison,
Johnson, W. T. Jones, Kaufman, Knote, Leftwich, Lucas, Lynn, Massie, Maupin, McCa-
mant, McCue, McDowell, McGehee, McKenzie, Montague, Myers, Preston, Reid, Robert¬
son, Segar, Sherrard, Thomas, Thompson, Tyler, Walker, Wallace, Watts, Witten and
Yerby—45.
Mr. Martin of Henry moved to amend the resolution, by striking
out "Monday the 25th," and inserting "Wednesday the 27th."
Mr. Witten moved to amend the amendment, by striking out "the
27th," and inserting "Monday the 1st day of April;" and the ques¬
tion being on agreeing to the amendment to the amendment, was
put, and decided in the affirmative.
On motion of Mr. Witten, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Bailey, Ball, Baskervill, Bass, Bell,
Bisbie, Boisseau, Chapman, Christian, Coleman, Cowan, Crane, Crump, Duckwall, Edging-
ton, Edwards, Ferguson, D. Gibson, J. Gilmer, Graham, Grattan, Harrison, Haymond,
Hackley, Johnson, W. T. Jones, Kaufman, Keen, Knote, Leftwich, Lucas, Lynn, Massie,
Matthews, Maupin, McCamant, McCue, McDowell, McGehee, McKenzie, Miles, J. R.
Miller, Montague, Myers, Newton, Preston, Reid, Richardson, Robertson, Segar, Shannon,
Sherrard, Thomas, Tomlin, Tyler, "Walker, Wallace, Watts, Welch, "Witten and Yerby—63.
Noes—Messrs. Alderson, Arnold, Ballard, Bassel, Bentley, Boreman, Brown, Burks,
Carter, Collier, Dickenson, Ferrill, Fleming, Friend, Garrett, J. T. Gibson, Goodycoontz,
Hoffman, Holdway, Hunter, Kemper, Kincheloe, Knotts, Kyle, Lockridge, Lundy, Mal¬
lory, T. Martin, W,r. Martin, McKinney, Medley, Mong, Montgomery, Morgan, Morris, Nel¬
son, Orgain, Pritchard, Randolph, Rives, Kutherfoord, Sibert, J. K. Smith, I. N. Smith,
Staples, Ward, A.Watson, E. Watson, MTest, Wilson, Wingfield, Wood and Woolfolk—53.
The question recurring upon agreeing to the resolution as amended,
was put, and decided in the affirmative.
On motion of Mr. Hoffman, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Basker¬
vill, Bassel, Bell, Bentley, Boisseau, Boreman, Brown, Burks, Carter, Chapman, Coleman,
Collier, Crane, Crump, Dickenson, Duckwall, Edgington, Edwards, Ferguson, Ferrill,
Fleming, Friend, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Hay¬
mond, Hackley, Hoffman, Holdway, Hunter, Johnson, W. T. Jones, Kaufman, Keen,
Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas, Lundy, Lynn, Ma¬
gruder, Mallory, J. G. Martin, T. Martin, W. Martin, Matthews, Maupin, McCamant,
McGehee, McKenzie, Medley, Miles, D. Miller, J. K. Miller, Montague, Montgomery, Mor¬
gan, Morris, Nelson, Orgain, Preston, Pritchard, Randolph, Reid, Richardson, Rives,
Rutherfoord, Segar, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Thomas,
HOUSE OF DELEGATES.
217
Tomlin, Walker, Wallace, Ward, A. Watson, Watts, Welch, West, Wilson, Witten, Wool-
folk and Yerby—99.
Noes—Messrs. Ballard, Bass, Bisbie, Christian, Grattan, Harrison, Massie, McCue,
McDowell, McKinney, Myers, Newton, Robertson, Thompson and Wingfield—15.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Haymond submitted the following resolution; which being
objected to, was laid over under the rule :
Resolved, that on and after to-morrow the chair shall be vacated
at 2 o'clock P. M. and resumed at 7J o'clock P. M.
No. 147. A bill allowing John Staples a sum of money for services
rendered as attorney for the commonwealth in the circuit court of
Patrick county, was taken up, on motion of Mr. Keen, read the
second time, and ordered to be engrossed and read the third time;
and being forthwith engrossed, two-thirds concurring, the question
being—Shall the bill pass ? Pending the consideration of which,
On motion of Mr. Massie, the house adjourned until to-morrow,
10 o'clock.
THURSDAY, March 21, 1861.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, March 20, 1861.
The senate have passed a bill authorizing the governor to pardon
slaves Jack and Ben, and restore them to their former owner.
No. 195. A senate bill authorizing the governor to pardon slaves
Jack and Ben, and restore them to their former owner, was read the
first and second times, and on motion of Mr. Tyler, read the third
time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Arnold, Ball, Ballard, Barbour, Bass,
Bassel, Bentley, Boisseau, Burks, Caperton, Chapman, Christian, Coleman, Collier, Crane,
Crump, Ferguson, Ferrill, Fleming, Friend, Frost, D. Gibson, J. T. Gibson, J. Gilmer,
Goodycoontz, Graham, Harrison, Haymond, Hackley, Holdway, Hunter, James, Johnson,
W. T. Jones, Kaufman, Keen, Kee, Kincheloe, Knote, Leftwicb, Lockridge, Lundy, Lynn,
Magruder, T. Martin, Matthews, Maupin, McCamant, McGehce, McKinney, McKenzie,
Miles, J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, New¬
ton, Phelps, Preston, Randolph, Reid, Richardson, Riddick, Robertson, Robinson, Rives,
Rutherfoord, Seddon, Segar, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, JI. Smith,
Staples, Thomas, Tomlin, Tyler, Walker, Wallace, A. Watson, Watts, Welch, West, Wilson,
Witten, Wood, Woolfolk and Yerby—96.
No. 217. A senate bill entitled an act to incorporate the Southern
express company, to one of the amendments to which, proposed by
the house of delegates, the senate had disagreed, was taken up.
Mr. Keen moved that the house insist upon its amendment. Pend¬
ing the consideration of which, Mr. Segar moved the indefinite post¬
ponement of the bill; and the question being on agreeing thereto, Mr.
Wood demanded the previous question; and the question being—
Shall the main question be ordered ? was put, and decided in the ne¬
gative.
28
218
JOURNAL OF THE
The question being 011 the indefinite postponement, Mr. Seddon
demanded the previous question; which was sustained by the house;
and being put, was decided in the negative.
The question recurring upon insisting on the amendment of the
house, was put, and decided in the affirmative.
Ordered, that Mr. Keen inform the senate thereof.
No. 263. An engrossed bill to alter and amend an act entitled an
act to incorporate the Blacksburg, Catawba creek and Fincastle turn¬
pike company, passed February 15th, 1860, and to change the name
thereof, was, 011 motion of Mr. Bass, read the third time and passed.
Ayes—Messrs. Crutclifield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Barbour,
Baskervill, Bass, Bassel, Bentley, Bisbie, Boisseau, Brown, Burks, Caperton, Cassin, Chap¬
man, Childs, Christian, Claiborne, Coleman, Collier, Duckwall, Edging-ton, Edwards, Fer¬
guson, Ferrill, Fleming, Friend, Frost, Garrett, D. Gibson, J. Gilmer, Goodycoontz, Har¬
rison, Raymond, Hackley, Holdway, Hunter, James, W. T. Jones, Kaufman, Keen, Kee,
Kemper, Knotts, Kyle, Leftwicli, Lockridge, Lucas, Magruder, Mallory, T. Martin, W.
Martin, Massie, Matthews, Maupin, McCamant, McCue, McDowell, McGehee, McGruder,
McKinney, McKenzie, Miles, D. Miller, J. R. Miller, Mong, Montague, Montgomery, Mor¬
gan, Morris, Myers, Nelson, Phelps, Preston, Pritchard, Randolph, Reid, Richardson,
Riddick, Robertson, Robinson, Saunders, Segar, Shannon, Sherrard, Sibert, J. K. Smith,
I. N. Smith, Staples, Thompson, Tomlin, Walker, Wallace, Ward, A. Watson, Watts,
Welch, West, Witten, Wood and Yerby—114.
Noes—Messrs. Rives and Wilson—2.
On motion of Mr. Bass, the title was so amended as to change the
name to the Montgomery, Roanoke and Botetourt turnpike company.
Ordered, that Mr. Bass carry the same to the senate, and request
their concurrence.
No. 147. A bill allowing John Staples a sum of money for ser¬
vices rendered as attorney for the commonwealth in the circuit court
of Patrick county, being the unfinished business of yesterday, was
taken up, read the second time, and ordered to be engrossed and read
the third time; and being forthwith engrossed, two-thirds concurring,
was read the third time; and the question being—Shall the bill pass?
the roll was called, with the following result:
Ayes—Messrs. Crutchfield (speaker), Anderson, Bailey, Ball, Barbour, Baskervill, Bent-
ley, Boreman, Caperton, Carpenter, Carter, Chapman, Childs, Christian, Collier, Crump,
Dickenson, Edgington, Edwards, Frost, J. Gilmer, Harrison, Haymond, Hackley, Holdway,
Hunter, James, Keen, Kemper, Leftwich, Magruder, T. Martin, W. Martin, Matthews,
Maupin, McCamant, McCue, McGruder, McKinney, McKenzie, Morris, Myers, Preston,
Pretlow, Pritchard, Reid, Richardson, Riddick, Robertson, Saunders, Segar, I. N. Smith,
Thomas, Tomlin, Walker, A. Watson, Watts, Welch, Witten, Wood and Yerby—60.
Noes—Messrs. Alderson, Ballard, Bass, Bassel, Bell, Brown, Claiborne, Ferguson, Flem¬
ing, D. Gibson, Johnson, Kee, Kyle, Lockridge, Massie, Miles, D. Miller, J. R. Miller,
Montague, Montgomery, Morgan, Randolph, Robinson, Rives, Shannon, Sherrard, Sibert,
J. K. Smith, Wallace and West—30.
Seventy-seven members not having voted for the bill,
Resolved, that the bill be rejected.
On motion of Mr. Alderson, the rule was suspended, with a view
to reconsider the vote rejecting the bill, and it was laid on the table.
Mr. Bassel, from the committee of agriculture and manufactures,
to whom had been referred
No. 141. A senate bill entitled an act to incorporate the Little
Kanawha mining and manufacturing company, reported the same
with an amendment.
No. 232. A bill to extend the charter of the Central Bank of Vir-
HOUSE OF DELEGATES.
219
ginia, being unfinished business, was taken up, amended, and as
amended, read the second time, and ordered to be engrossed and read
the third time ; and being forthwith engrossed, two-thirds concurring,
read the third time and passed.
Ordered, that Mr. Christian carry the same to the senate, and re¬
quest their concurrence.
No. 236. A bill to suspend the levying of taxes by the state on
the Belmont and Wheeling bridge for three years, was read the first
time, and ordered to be read a second time.
No. 84. A senate bill entitled an act to incorporate the American
agency, was taken up, on motion of Mr. Bisbie.
Mr. Haymond submitted an amendment thereto.
Pending the consideration of which, Mr. Keen moved the indefi¬
nite postponement of the bill; and the question being on agreeing
thereto, was put, and decided in the negative.
On motion of Mr. Burks, the vote was recorded as follows:
Ayes—Messrs. Ball, Bass, Bentley, Boreman, Burks, Collier, Crump, Ferrill, D. Gibson,
J. Gilmer, Harrison, Hackley, W. T. Jones, Keen, Kee, Knote, McCamant, McKimiey,
Medley, J. R. Miller, Morris, Phelps, Randolph, Reid, Rives, Ruthcrfoord, Seddon, Sher-
rard, I. N. Smith, Staples, Thompson, Tornlin, E. Watson, Watts, West, Witten, Wood and
Yerby—38.
Noes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ballard, Barbour, Bas-
kervill, Bassel, Bell, Bisbie, Brown, Carter, Cassin, Chapman, Christian, Claiborne, Cowan,
Crane, Dickenson, Duckwall, Edgington, Ferguson, Friend, Frost, Goodycoontz, Graham,
Haymond, Holdway, Hunter, James, Johnson, Kaufman, Kincheloe, Knotts, Kyle, Left-
wich, Lucas, Lynn, Magruder, T. Martin, W. Martin, Massie, Matthews, Maupin, McCue,
McGekee, McGruder, McKenzie, Miles, D. Miller, Mong, Montague, Morgan, Myers, Nel¬
son, Orgain, Preston, Pritcbard, Robinson, Saunders, Segar, Shannon, J. K. Smith, Thomas,
Walker, Welch, Wilson and Woolfolk—68.
On motion of Mr. Seddon, the bill and amendment was laid on
the table.
No. 171. A bill for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road, with a pending amendment
thereto, being the order of the day, was taken up.
The amendment was, by leave of the house, withdrawn.
Mr. Haymond submitted an amendment to the original bill; which
was agreed to.
The bill was then read the second time as amended, and ordered
to be engrossed and read the third time; and being forthwith en¬
grossed, two-thirds concurring, was read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bar¬
bour, Baskervill, Bass, Bell, Bentley, Bisbie, Caperton, Carpenter, Carter, Chapman, Chris¬
tian, Claiborne, Coleman, Collier, Duckwall, Edgington, Ferguson, Fleming, Frost, D.
Gibson, J. Gilmer, Graham, Grattan, Harrison, Hackley, Holdway, Hunter, James, W. T.
Jones, Keen, Kee, Kemper, Kyle, Lockridge, Lucas, Magruder, W. Martin, Massie, Mat¬
thews, Maupin, McCamant, McCue, McDowell, McGruder, McKenzie, Mong, Montague,
Montgomery, Morgan, Myers, Nelson, Newton, Orgain, Preston, Pretlow, Reid, Robertson,
Ruthcrfoord, Saunders, Seddon, Segar, Shannon, Sherrard, Sibert, I. N. Smith, H. Smith,
Staples, Thomas, Thompson, Tyler, Walker, Wallace, Welch, Witten, Wood and Wool-
folk—82.
Noes—Messrs. Bassel, Boisseau, Booker, Brown, Burks, Childs, Cowan, Crane, Dicken¬
son, Ferrill, Friend, Goodycoontz, Hoffman, Johnson, Kincheloe, Knotts, Leftwich, Mal-
lory, T. Martin, McGehee, McKinney, Medley, Miles, J. R. Miller, Phelps, Pritchard, Ran¬
dolph, Richardson, Rives, J. K. Smith, Tomlin, A. Watson, E. Watson, West, Wilson and
Yerby—36.
220
JOURNAL OF THE
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Martin of Henry, the house adjourned until
to-morrow, 10 o'clock.
FRIDAY, March 22, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 21, 1861.
The senate have passed house bills entitled :
An act amending the charter of the town of Charleston in the
county of Kanawha, No. 15-5.
An act to amend the charter of Brown's gap turnpike company,
No. 92.
An act to amend the 2d, 3d and 6th sections of an act passed
February 28th, 1856, providing for working the county roads of
Loudoun county, No. 179.
An act authorizing the Board of public works to appoint commis¬
sioners to estimate and report upon losses sustained by John Conoway
in the construction of the Fairmont and Wheeling turnpike road,
No. 137.
They have agreed to the resolution of the house of delegates for
adjournment.
They have also agreed to thp amendment proposed by the house
of delegates to senate bill entitled:
An act to distribute Mayo's Guide to coroners, No. 106.
They have passed a bill entitled:
An act transferring the Cacapon and North branch turnpike to the
county court of Hampshire county, No. 236.
In which they respectfully request the concurrence of the house
of delegates.
No. 236. A senate bill entitled an act transferring the Cacapon
and North branch turnpike to the county court of Hampshire county,
was read the first and second times, on motion of Mr. Gibson of
Hampshire, amended, and as amended, read the third time and
passed.
A yes—Messrs. Aklerson, Anderson, Arnold, Ball, Barbour, Bell, Bentley, Bisbie, Bois-
seau, Booker, Borenian, Brown, Caperton, Cassin, Chapman, Childs, Christian, Claiborne,
Coleman, Cowan, Crane, Duekwall, Edgington, Ferguson, Ferrill, Fleming-, Frost, D.
Gibson, J. T. Gibson, Goodycoontz, Harrison, Haymond, Hoffman, Huntt, Hunter, James,
Johnson, Kaufman, Keen, Kincheloe, Knote, Knotts, Leftwich, Lockridge, Lucas, Mallory,
T. Martin, Matthews, Maupin, McCamant, McDowell, McGehee, McKinney, McKenzie,
Miles, D. Miller, J. R. Miller, Mong, Montague, Montgomery, Morgan, Morris, Nelson,
Newton, Orgain, Patterson, Phelps, Preston, Pretlow, Pritchard, Randolph, Reid, Richard¬
son, Robertson, Robinson, Rutherfoord, Saunders, Seddon, Segar, Shannon, Sherrard,
Sibert, J. K. Smith, I. N. Smith, H. Smith, Staples, Thomas, Thompson, Tomlin, Wallace,
Ward, E. Watson, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby—98.
Noes—Messrs. Bass, Burks, Collier, Dickenson, Holdway, W. T. Jones, Kyle, Myers
and Riddick—9.
HOUSE OF DELEGATES.
221
Ordered, that Mr. Gibson of Hampshire carry the same to the
senate, and request their concurrence.
No. 213. A senate bill entitled an act to establish an inspection of
leather in the county of Hampshire, was taken up, on motion of Mr.
Sherrard, amended, and as amended, read the third time and passed.
Ordered, that Mr. Sherrard carry the same to the senate, and re¬
quest their concurrence.
Mr. Haymond, from the committee on finance, presented the fol¬
lowing reports:
An adverse report to the petition of Henry C. Purkins of the
county of King George, asking to have license tax refunded.
An adverse report to the petition of Samuel E. Lee of the county
of Lunenburg, asking to have refunded a license tax.
An adverse report to the resolution to enquire into the expediency
of incorporating the American agency.
Mr. Hoffman presented the petition of the Harrison rifles, praying
that they may be received as a volunteer company, with thirty-six
men ; which was ordered to be referred to the committee on military
affairs.
No. 142. A senate bill entitled an act for the relief of the Orange
and Alexandria rail road company, was taken up, on motion of Mr.
Barbour, and read the third time; and the question being—Shall
the bill pass ? the roll was called with the following result:
Ayes—Messrs. Anderson, Arnold, Bailey, Ball, Ballard, Barbour, Bass, Bell, Bisbie,
Burks, Caperton, Carpenter, Cassin, Chapman, Christian, Collier, Duckwall, Edgington,
Ferguson, D. Gibson, J. T. Gibson, Graham, Grattan, Holdway, Hunter, James, Johnson,
Keen, Kincheloe, Knote, Kyle, Leftwich, Lucas, Lynn, Magruder, T. Martin, Matthews,
Maupin, McCamant, McGruder, McKenzie, D. Miller, Montague, Montgomery, Morgan,
Myers, Orgain, Preston, Saunders, Seddon, Segar, Sherrard, H. Smith, Thomas, Tomlin,
"Walker, Wallace, E. Watson, Welch, Witten, Wood and Woolfolk—62.
Noes—Messrs. Bassel, Boisseau, Booker, Claiborne, Coleman, Cowan, Crane, Crump,
Dickenson, Ferrill, Friend, Goodycoontz, Haymond, Huntt, W. T. Jones, Kaufman, Knotts,
Lundy, Mallory, J. G. Martin, McDowell, McGehee, McKinney,-Miles, J. R. Miller, Mong,
Morris, Nelson, Newton, Patterson, Phelps, Pritchard, Randolph, Reid, Robinson, Rives,
Rutherfoord, Shannon, J. K. Smith, Staples, Ward, A. Watson, West, Wilson and
Yerby—42.
Seventy-seven members not having voted in favor of the bill,
Resolved, that the bill be rejected.
On motion of Mr. Kaufman, the rule was suspended, with a view
of reconsidering the vote rejecting the bill, and the bill on motion of
Mr. Barbour, laid on the table.
No. 60. A senate bill entitled an act transferring the Huttonsville
and Huntersville turnpike road to the counties through which the
same passes, was taken up, on motion of Mr. Lockridge.
Mr. Crane submitted an amendment to the bill. Pending the
consideration of which, on motion of Mr. Lockridge, the bill was
laid on the table.
Mr. Watson of Accomack submitted the following resolution;
which being objected to, was laid over under the rule :
Resolved, that this house will, with the consent of the senate, pro¬
ceed, on Saturday the 23d inst. at 11 o'clock, to the election of
major generals and brigadier generals.
Mr. Tomlin moved to take up the following resolution, heretofore
submitted:
222 JOURNAL OF THE
Resolved, that on and after to-morrow, the chair shall he vacated
at 2 o'clock P. M. and resumed at 7£ o'clock P. M.
The question being on agreeing thereto, Mr. Grattan moved an
adjournment; and the question being on agreeing thereto, was put,
and decided in the negative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Bell, G-rattan and James—3.
Noes—Messrs. Anderson, Bailey, Ballard, Barbour, Bass, Bassel, Bisbie, Booker, Burks,
Chapman, Claiborne, Coleman, Collier, Cowan, Crane, Crump, Dickenson, Duckwall, Fer¬
guson, Ferrill, D. Gibson, J. T. Gibson, Goodycoontz, Graham, Haymond, Holdway,
Iduntt, Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kincheloe, Knote, Knotts, Kyle,
Leftwich, Lockridge, Lucas, Lundy, Lynn, Magruder, Mallory, Matthews, Maupin, McCa-
mant, McDowell, McGehee, McGruder, McKenzie, Medley, Miles, D. Miller, J. R. Miller,
Mong, Montague, Morgan, Morris, Myers, Nelson, Newton, Orgain, Patterson, Preston,
Pritchard, Randolph, Reid, Robinson, Rives, Saunders, Seddon, Segar, Shannon, Sherrard,
J. K. Smith, Staples, Tomlin, "Wallace, Ward, A. Watson, Welch, West, Wilson, Witten,
Wood, Woolfolk and Yerby—87.
The question recurring upon taking up the resolution, was put,
and decided in the affirmative.
Mr. Jones submitted an amendment to the resolution.
Mr. Medley moved the indefinite postponement of the resolution
and amendment; and the question being on agreeing thereto, was
put, and decided in the negative.
On motion of Mr. Anderson, the vote was recorded as follows:
Ayes—Messrs. Bailey, Ballard, Barbour, Bell, Boisseau, Burks, Carpenter, Claiborne,
Collier, Cowan, Crane, D. Gibson, Graham, Grattan, Huntt, James, W. T. Jones, Kemper,
Lundy, J. G. Martin, T. Martin, McDowell, Medley, J. R. Miller, Morgan, Newton, Ran¬
dolph, Reid, Rutherfoord, Saunders, Seddon, Thomas, Wallace, A. Watson and Yerby—35.
Noes—Messrs. Anderson, Bass, Bassel, Bisbie, Booker, Chapman, Coleman, Crump,
Duckwall, Ferguson, Ferrill, J. T. Gibson, Goodycoontz, Haymond, Holdway, Hunter,
Johnson, Kaufman, Keen, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas,
Lynn, Magruder, Mallory, Matthews, Maupin, McCamant, McGehee, McGruder, McKen¬
zie, Miles, D. Miller, Mong, Montague, Morris, Myers, Nelson, Orgain, Patterson, Phelps,
Preston, Pritchard, Robinson, Rives, Segar, Shannon, Sherrard, Staples, Tomlin, Ward,
Welch, West, Wilson, Witten, Wood and Woolfolk—61.
Mr. Seddon moved to lay the resolution on the table; and the
question being on agreeing thereto, Mr. Jones demanded the pre¬
vious question; which was sustained by the house; and being put,
was decided in the negative.
The amendment was then agreed to, and the resolution adopted,
providing for night sessions on and after Monday next.
The following bills were read the second time, and ordered to be
engrossed and read the third time.
No. 77. A bill for the relief of T. D. Fendall, administrator of
William Eaches dec'd.
No. 80. A bill for the relief of Emory Edwards of Washington
county in the state of Maryland.
No. 81. A bill authorizing the payment of $ 147 75 to Captain
Wm. H. Werth of company A, of the 101st regiment Virginia
militia.
No. 82. A bill exempting from taxation the real estate of the Vir¬
ginia mechanics institute.
No. 90. A bill making a subscription on the part of the state to
the Roanoke vallev rail road cnmnanv.
HOUSE OF DELEGATES.
223
No. 91. A bill to incorporate the Grassy lick turnpike company.
No. 95. A bill to create a provisional state guard.
No. 99. A bill authorizing the trustees of Easter's meeting house
in the county of Morgan to sell and convey the same.
No. 1-30. A bill to incorporate the Monongahela savings bank in
the count)" of Monongalia.
No. 119. A bill making an appropriation for the removal to Vir¬
ginia of the remains of Gen'l Harry Lee, was read the second time,
amended, and as amended, ordered to be engrossed and read the third
time.
No. 88. A bill to incorporate the Virginia lumber company in the
counties of Augusta and Rockbridge, was taken up, amended, and as
amended, read the second time, and ordered to be engrossed and read
the third time; and being forthwith engrossed, on motion of Mr.
Wood, was read the third time and passed.
No. 101. A bill amending and re-enacting the charter of the town
of Guyandotte in the county of Cabell, was read the second time,
and ordered to be engrossed and read the third time ; and being forth¬
with engrossed, two-thirds concurring, was read the 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 on motions
severally made, laid on the table:
No. 87. A bill providing for the voluntary enslavement of Clara
and her children, of the county of Rappahannock.
No. 85. A bill refunding to Sam'l A. McMechen and John G.
Harness, jr. a sum of money paid by them on an erroneous assessment
of land.
No. 89. A bill to transfer the Cacapon and North branch turnpike
to the county court of Hampshire.
No. 98. A bill amending and re-enacting the 61st section of
chapter 38 of the Code prescribing an oath to be taken before grant¬
ing licenses, was taken up, and on motion of Mr. Bisbie, indefinitely
postponed.
On motion of Mr. Booker, the house adjourned until to-morrow,
10 o'clock.
SATURDAY, March 23, 1861.
A communication from the senate, by their clerk, was read as
follows :
In Senate, March 22, 1861.
The senate have passed house bill entitled :
An act to alter and amend an act entitled an act to incorporate the
Blacksburg, Catawba creek and Fincastle turnpike company, passed
February 15th, I860, and to change the name to the Montgomery,
Roanoke and Botetourt turnpike company, No. 263.
224
JOURNAL OF THE
And they have receded from their disagreement to the first amend¬
ment of the house of delegates to bill entitled:
An act to incorporate the Southern express company, No. 217.
Mr. Hayjvionjd, from the committee on finance, to whom had been
referred
No. 231. A senate bill entitled an act allowing Amanda Higeton
a pension for five years, reported the same without amendment.
Mr. Kemper, from the committee on military affairs, reported
No. 271. A bill to organize the Metropolitan guard of Richmond.
On motion of Mr. Chapman,
Resolved, that leave be given to bring in a bill for the relief of
Ellen D. Layne, widow and administratrix of A. C. Layne deceased.
The Speaker announced the following committee under the reso¬
lution : Messrs. Chapman, Newton, Matthews, Walker and Ball.
Mr. Chapman presented the petition of Mrs. Layne, praying relief
from a claim of the. state against the estate of her deceased husband.
Mr. Bisbie submitted the following resolution; which being ob¬
jected to was laid over under the rule :
Resolved, that on and after Monday next, during the session, the
reading and consideration of house bills shall be the order of the
day from half past 11 till 1 o'clock, and that during that time all
motions to lay on the table, amend or postpone, shall be allowed only
three minutes in advocacy, and the same time in reply.
No. 199. A bill to incorporate the town of Asbury, was taken up,
amended, and as amended, read the second time, and ordered to be
engrossed and read the third time; and being forthwith engrossed,
two-thirds concurring, was read the third time, on motion of Mr.
Graham, and passed.
Ordered, that the clerk inform the senate thereof.
No. 116. A bill to amend the charter of the Bank of Richmond,
was, on motion of Mr. Myers, read the second time, and ordered to
be engrossed and read the third time, and being forthwith engrossed,
two-thirds concurring, was read the third time and passed.
Ordered, that Mr. Myers carry the same to the senate, and request
their concurrence.
No. 146. A bill releasing the securities of Robert O. Doss, late
sheriff of the county of Campbell, from the payment of damages,
with the amendment heretofore submitted thereto by Mr. Duckwall,
was taken up, on motion of Mr. Phelps.
The amendment was then agreed to, and the bill, as amended,
read the second time, and ordered to be engrossed and read the third
time; and being forthwith engrossed, two-thirds concurring, was
read the third time; and the question being—Shall the bill pass ?
Mr. Walker demanded the previous question ; which was sustained
by the house; and being put, was decided in the affirmative.
Ayes—Messrs. Alderson, Anderson, Arnold, Ballard, Baskervill, Bass, Bassel, Bell, Bis¬
bie, Boisseau, Chapman, Christian, Coleman, Collier, Cowan, Crane, Crump, Dickenson,
Duckwall, Edgington, Evans, Ferguson, Ferrill, Frost, D. Gibson, J. Gilmer, Goodycoontz,
Graham, Harrison, Raymond, Hackley, Hoffman, Holdway, Huntt, Hunter, James, Kauf¬
man. Kincheloe, Knote, Knotts, Kyle, Leftwich, Lucas, Lundv, Lynn, Magruder, Matthews,
Maupin, McCamant, McGehee, McGruder, McKinney, McKenzie, Miles, J. R. Miller, Mong,
HOUSE OF DELEGATES.
225
Montgomery, Morris, Myers, Newton, Orgain, Patterson, Phelps, Pritchard, Keid, Robinson,
Rives, Rutherfoord, Saunders, Segar, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith,
Walker, Wallace, Ward, A. Watson, E. Watson, Welch, West, Witten and Yerby—84.
Noes—Messrs. Ball, Bentley, Booker, Boreman, Claiborne, Fleming, Jett, W. T. Jones,
Kee, Kemper, Lockridge, Mallory, McDowell, Nelson, Preston, Randolph, Richardson,
Riddick, Seddon, Tomlin and Wilson—21.
The title was then amended so as to read as follows:
" An act authorizing the auditor of public accounts to release the
sureties of defaulting sheriffs from payment of damages in certain
cases."
Ordered, that Mr. Duckwall carry the same to the senate, and
request their concurrence.
Mr. McCue submitted the following preamble and resolutions ; and
the question being on agreeing thereto, Mr. Duckwall moved to
amend, by striking out the preamble; and the question being on
agreeing to the amendment, was put, and decided in the negative.
The question recurring upon agreeing to the preamble and the reso¬
lutions, Mr. Kemper demanded the previous question; which was
sustained by the house; and being put, was decided in the affirmative :
Whereas the penitentiary of Virginia, for years past, has rested as
an incubus on the state treasury, through injudicious management:
and whereas, through serious defects in our criminal code, its inmates
have increased so rapidly that the building is entirely inadequate to
its uses, whether in regard to security, comfort or profitable employ¬
ment : and whereas, by the extension of the city in that direction,
the property comprised within its limits has enhanced so much in
value as to amply remunerate the state for its removal to some more
appropriate site, as well as abate it as a nuisance, so far as its situa¬
tion in the heart of the city is concerned: and whereas, the labor of
the inmates does come into injurious competition with worthy and
industrious mechanics—an evil that demands a remedy : and whereas,
from a want of raw material, its inmates are now, and have been for
weeks, not only without employment, but have been locked up, a half
dozen or more in their cells, which all know are too small for the ac¬
commodation of one or two even, endangering their lives, and perma¬
nently injuring their health: and whereas, it is notorious that the
state is in great need of a new state house as well as a new peniten¬
tiary, which cannot, under any circumstances, be so economically built
as by the labor of these convicts: Therefore,
Be it resolved by the general assembly of Virginia, that it be re¬
ferred to a special committee to enquire into the expediency of pro¬
viding by law for the hiring to some responsible contractor or contrac¬
tors the convict labor of the penitentiary, who shall at once employ
them in quarrying and dressing granite for the erection first of a suit¬
able penitentiary house, and then for a state capitol.
Resolved, that should this be deemed inexpedient, then said com¬
mittee shall enquire into the expediency of disposing of the fabrics of
the penitentiary now on hand and undisposed of, arid rent out the
entire establishment to responsible contractors.
The Speaker announced the following committee under the reso¬
lution : Messrs. McCue, Fleming, Bassel, Garrett and Phelps.
29
226 JOURNAL OF THE
No. 197. A bill making appropriations for deficiencies in former
appropriations, and for defraying expenses of the general assembly
and convention now in session, was taken up.
Mr. Haymond moved to amend the bill, by substituting "25,000"
for "20,000," as compensation to Ritchie & Dunnavant for printing
the Code ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Crane, the vote was recorded as follows :
Ayes—Messrs. Anderson, Arnold, Ballard, Baskervill, Bass, Bassel, Bell, Chapman,
Christian, Claiborne, Coleman, Collier, Cowan, Duckwall, Edgington, Evans, Graham,
Haymond, James, W. T. Jones, Kaufman, Kemper, Kincheloe, Lundv, Magruder, Mallory,
Maupin, McCainant, McGehee, J. R. Miller, Mong, Montgomery, Myers, Nelson, Newton,
Orgain, Rutherfoord, Saunders, Shannon, Thomas, Tomlin, Wallace, E. Watson and
West—45.
Noes—Messrs. Ball, Boisseau, Booker, Boreman, Cassin, Crane, Crump, Dickenson,
Fleming, D. Gibson, Goodycoontz, Hackley, Hoffman, Holdway, Huntt, Hunter, Johnson,
Knotts, Kyle, Matthews, McKinney, McKenzie, Miles, D. Miller, Morris, Patterson, Pritch-
ard, Randolph, Reid, Richardson, Robinson, Rives, Seddon, Segar, Sherrard, Sibert, J. K.
Smith, I. N. Smith, A. Watson, Watts, Wilson, Witten and Yerby—43.
Mr. Seddon moved to amend the bill, by striking out that portion
allowing to J. M. Bennett, G. W. Munford and W. H. Richardson,
five hundred dollars each as commissioners to audit the claims arising
from the Harpers Ferry raid. Pending the consideration of which,
On motion of Mr. Jones of Gloucester, the house adjourned.
MONDAY, March 25, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 23, 1861.
The senate have passed house bills entitled :
An act amending and re-enacting the charter of the town of Guy-
andotte in the county of Cabell, No. 101.
An act to incorporate the Virginia lumber company in the counties
of Augusta and Rockbridge, No. SS.
They have agreed to the amendments proposed by the house to
bills entitled:
An act transferring the Cacapon and North branch turnpike to the
county court of Hampshire county, No. 236.
An act to establish an inspection of leather for the county of
Hampshire, No. 213.
They have passed bills entitled :
An act to amend the 1st section of chapter 149 of the Code of
Virginia relative to the limitation of suits, so as to limit the right to
make an entry, or bring an action to recover land west of the Alle¬
ghany mountains, No. 132.
An act for the relief of Thomas M. Hunley, commissioner of the
revenue for the county of Matthews, No. 200.
An act releasing the state's claim to the fine imposed on the
HOUSE OF DELEGATES.
227
schooner Virginia for an alleged violation of the inspection laws,
No. 216.
And they have receded from their amendments to house bill
entitled:
An act amending certain laws respecting the militia of the com¬
monwealth, so as to render them more efficient, No. 14-3, and have
agreed to the amendments of the house of delegates thereto.
In which senate bills they respectfully request the concurrence of
the house of delegates.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 272. A bill for the relief of Joseph Grushman.
Mr. Chapman, from a special committee, presented the following
bill:
No. 273. A bill releasing to the personal representative of A. C.
Layne the rent due under his lease of a portion of the public armory.
No. 132. A senate bill entitled an act to amend the 1st section of
chapter 149 of the Code of Virginia relative to the limitation of suits,
so as to limit the right to make an entry, or bring an action to recover
land west of the Alleghany mountains, was read the first and second
times, and on motion of Mr. Phelps, laid on the table.
No. 200. A senate bill entitled an act for the relief of Thomas M.
Hunley, commissioner of the revenue for the county of Matthews,
was read the first and second times, and on motion of Mr. Evans,
read the third time and passed.
No. 216. A senate bill entitled an act releasing the state's claim
to the fine imposed on the schooner Virginia for an alleged violation
of the inspection laws, was read the first and second times, and on
motion of Mr. McKenzie, read the third time and passed.
Ayes—Messrs. Alderson, Arnold, Ball, Ballard, Barbour, Bass, Bassel, Bell, Bentley,
Booker, Cassin, Chapman, Christian, Cowan, Crane, Crump, Edging-ton, Edwards, Evans,
Ferrill, Fleming, Friend, Frost, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, Goodycoontz,
Graham, Grattan, Harrison, Haymond, Hackley, Holdway, Huntt, Hunter, James, W. T.
Jones, Kaufman, Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas,
Lundy, Lynn, Magruder, J. G. Martin, W. Martin, Massie, Matthews, Maupin, McCamant,
McCue, McKinney, McKenzie, Miles, Mong, Montgomery, Morgan, Morris, Myers, Nelson,
Patterson, Preston, Pritchard, Reid, Richardson, Riddick, Robertson, Saunders, Segar,
Shannon, Sherrard, J. K. Smith, I. N. Smith, Staples, Tomlin, Tyler, Walker, Wallace,
Ward, A. Watson, E. Watson, Watts, Welch, West and Witten—91.
Noes—Messrs. Coleman, Newton and Orgain—3.
Ordered, that the clerk inform the senate thereof.
No. 10S. An engrossed bill changing the names of the lunatic
asylums, was taken up, on motion Mr. Yerby, read a third time and
passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 73. A senate bill entitled an act providing pay for the adjutant
general on account of his services in the reorganization of the militia
in the years 1858 and 1859, was taken up, on motion of Mr. Kemper,
and read the third time ; and the question being—Shall the bill pass ?
Mr. Haymond demanded the previous question ; which was sustained
by the house; and being put, was decided in the affirmative.
228 JOURNAL OF THE
Ayes—Messrs. Alderson, Anderson, Arnold, Bailey, Ball, Ballard, Barbour, Ba.skervill,
Bass, Bentley, Boisseau, Booker, Carpenter, Cassin, Chapman, Christian, Claiborne, Cole¬
man, Crump, Duckwall, Edgiugton, Edwards, Evans, Frost, J. Gilmer, Goodycoontz,
Graham, Grattan, Hanly, Haymond, Hunter, James, Jett, W. T. Jones, Kaufman, Kemper,
Knote, Leftwich, Lockridge, Lucas, Lundy, Magruder, J. G. Martin, Massie, Matthews,
Maupin, McCamant, McCue, McDowell, McGruder, McKinney, McKenzie, J. R. Miller,
Mong, Montgomery, Myers, Nelson, Newton, Orgain, Patterson, Preston, Pretlow, Randolph,
Reid, Richardson, Riddick, Robertson, Saunders, Segar, Sherrard, I. N. Smith, Staples,
Thomas, Tomlin, Tyler, Walker, Wallace, E. Watson, Welch, Witten and Yerby—81.
Noes—Messrs. Bell, Brown, Cowan, Crane, Dickenson, Ferguson, Ferrill, Fleming,
Hackley, Hoffman, Holdway, Huntt, Johnson, Kincheloe, Knotts, Kyle, Lynn, Miles, D.
Miller, Morris, Pritchard, Shannon, J. K. Smith, A. Watson, Watts, West and Wilson—27.
No. 197. A bill making appropriations for deficiencies in former
appropriations, and for defraying expenses of the general assembly
and the convention now in session, with the pending amendment
thereto, being the unfinished business of yesterday, was taken up.
The consideration of the amendment was passed by for the present.
Mr. Evans moved to suspend the rule, with a view to reconsider
the vote of the house amending the bill in relation to the appropria¬
tion for the printing of the Code; and the question being on agreeing
thereto, the hour of 2 o'clock having arrived, the chair was vacated
until 7£ o'clock.
EVENING SESSION.
No quorum appearing, Mr. Seddon moved that the house adjourn;
and the question being on agreeing thereto, was put, and decided in
the negative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Arnold, Bassel, Boisseau, Crane, Grattan, W. T. Jones, J. G. Martin,
McDowell, Newton, Riddick, Seddon and Watts—12.
Noes—Messrs. Alderson, Bass, Bisbie, Booker, Brown, Cbapman, Christian, Coleman,
Cowan, Crump, Duckwall, Edgington, Evans, Fleming, D. Gibson, J. T. Gibson, Goody¬
coontz, Graham, Harrison, Haymond, Hackley, Hoffman, Holdway, Huntt, Hunter, Kauf¬
man, Keen, Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas, Lynn,
Magruder, Massie, Matthews, McCamant, McKinney, McKenzie, Miles, Mong, Morgan,
Morris, Myers, Patterson, Phelps, Pritchard, Robinson, Segar, Shannon, Sherrard, J. K.
Smith, Tomlin, Walker, Ward, Wilson, Witten and Yerby—62.
A quorum appearing, Mr. Segar moved that the unfinished busi¬
ness of the day, which was
No. 197. A bill making appropriations for deficiencies in former
appropriations, and for defraying expenses of the general assembly
and convention now in session, with the motion to suspend the rule
with a view to reconsider the vote adopting an amendment thereto,
be laid on the table ; and the question being 011 agreeing thereto, was
put, and decided in the affirmative.
No. 54. A senate bill entitled an act to stay the proceedings on
executions, trust deeds and other demands, in cases of refusal to re¬
ceive bank notes, was taken up, on motion of Mr. Segar.
Mr. Keen submitted an amendment to the bill.
Mr. Keen moved that the bill and amendment be laid on the table,
and made the order of the day for Thursday next at 11 o'clock; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
HOUSE OF DELEGATES.
229
Mr. Crump submitted the following resolution:
Resolved, that leave be given to bring in a bill requiring the banks
of this commonwealth to resume specie payments in thirty days after
the resumption by the banks of Maryland.
Mr. Keen moved that the resolution be indefinitely postponed; and
the question being on agreeing thereto, was put, and decided in the
negative.
No. 141. A senate bill entitled an act to incorporate the Little Ka¬
nawha mining and manufacturing company, was taken up, on motion
of Mr. Knotts, amended, and as amended, read the third time and
passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 76. A bill to repeal sections 28, 29, 30, 31 and 32 of chapter
58 of the Code of Virginia of 1860, was taken up, on motion of Mr.
Ward, amended, and as amended, read the second time, and ordered
to be engrossed and read the third time.
Mr. Watts submitted the following resolution; which being ob¬
jected to, was laid over under the rule :
Resolved, that the rule adopted on Saturday 23d instant, requiring
the Speaker of the house to vacate the chair at 2, and resume it
again at o'clock, be rescinded.
On motion of Mr. Christian,
Resolved, that a committee be appointed, with leave to report a
bill incorporating the Staunton savings bank.
The Speaker announced the following committee : Messrs. Chris¬
tian, Robertson, Walker, Thomas and McKenzie.
Subsequently, Mr. Christian, from the committee, presented
No. 274. A bill incorporating the Staunton savings bank; which,
on his motion, was read the first and second times, and ordered to be
engrossed and read the third time.
No. 252. A bill authorizing the trustees of the Methodist district
parsonage in Salem, Roanoke county, to borrow money, and execute
a deed of trust to secure the same, was taken up, on motion of Mr.
Bass, read the first and second times, and ordered to be engrossed
and read the third time; and being forthwith engrossed, two-thirds
concurring, was read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 140. A bill incorporating the Piedmont land and improvement
company, was taken up, on motion of Mr. Leftwich, and read the
second time ; and the question being—Shall the bill be engrossed and
read the third time ? Mr. Seddon moved to lay the bill on the table.
Pending the consideration of which,
On motion of Mr. Grattan, the house adjourned.
230
JOURNAL OF THE
TUESDAY, March 26, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 25, 1861.
The senate have passed house bills entitled :
An act to amend the charter of the Bank of Richmond, No. 116.
An act for the relief of Enoch Adkins of the county of Giles,
No. 24.
An act to incorporate the town of Asbury, No. 199.
An act to repeal an act passed 19th March 1860, concerning the
mode of catching fish in certain waters, No. 157.
And they have passed a bill entitled:
An act for the relief of John M. Jones, late sheriff of Pendleton
county, No. 203.
In which they respectfully request the concurrence of the house
of delegates.
No. 203. A senate bill entitled an act for the relief of John M.
Jones, late sheriff of Pendleton county, was read the first and second
times, and on motion of Mr. Grattan, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Basker-
vill, Bass, Bell, Bentley, Boisseau, Booker, Brown, Carpenter, Chapman, Childs, Christian,
Coleman, Cowan, Crane, Duckwall, Edgingtcm, Evans, Ferrill, Fleming, Friend, Frost,
Garrett, D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harri¬
son, Haymond, Hackley, Holdway, Huntt, Hunter, James, Johnson, W. T. Jones, Kauf¬
man, Kemper, Kincheloe, Knote, Kyle, Leftwich, Lockridge, Lucas, Lundy, Lynn, Magru-
der, J. G. Martin, Massie, Matthews, McCamant, McCue, McDowell, McKinney, McKenzie,
Miles, D. Miller, J. R. Miller, Mong, Montgomery, Myers, Orgain, Patterson, Preston, Ran¬
dolph, Reid, Riddick, Robertson, Robinson, Rutkerfoord, Saunders, Seddon, Segar, Shan¬
non, Sherrard, J. K. Smith, I. N. Smith, Staples, Thomas, Tomlin, Tyler, Walker, Wallace,
Ward, E. Watson, Watts, Welch, Willcox, Witten and Yerby—98.
Noes—Messrs. Dickenson and Wilson—2.
No. 256. A bill to amend an act passed March 6th, 1858, entitled
an act to amend the 2d section of an act passed March 2d, 1858, en¬
titled an act to organize the militia, and provide for the defence of the
commonwealth, was taken up, on motion of Mr. Crump, amended,
and as amended, read the second time; and the question being—Shall
the bill be engrossed and read the third time ? Mr. Phelps moved the
indefinite postponement of the bill; and the question being on agree¬
ing thereto, was put, and decided in the affirmative.
The following engrossed bills were read the third time and passed:
No. 76. A bill to repeal an act passed April 2d, 1858, entitled an
act requiring the banks of the commonwealth to resume specie pay¬
ment.
No. 129. A bill amending the 2d section of an act authorizing the
Bank of the Valley in Virginia to establish a branch in the city of
Richmond.
No. 130. A bill to incorporate the Monongahela savings bank in
the county of Monongalia.
No. 226. A bill to amend and re-enact an act passed March 22d,
1860, entitled an act to incorporate the Knob turnpike company in
HOUSE OF DELEGATES.
231
the county of Washington, and incorporating the Abingddn and
Tennessee turnpike company.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Bell, Bisbie, Booker, Carpenter, Chapman, Christian, Coleman, Crane, Crump, Dickenson,
Duckwall, Edgington, Edwards, Evans, Fleming, Friend, Frost, Garrett, D. Gibson, J. Gil¬
mer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Hackley, Hoffman,
Holdway, Huntt, Hunter, Kaufman, Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich,
Lockridge, Lucas, Magruder, J. G. Martin, Massie, Matthews, McCamant, McCue, McDow¬
ell, McKenzie, J. R. Miller, Montgomery, Moms, Myers, Orgain, Patterson, Phelps, Pres¬
ton, Pritchard, Randolph, Reid, Robertson, Saunders, Seddon, Shannon, Sherrard, J. K.
Smith, Staples, Thomas, Tomlin, Walker, Wallace, Ward, E. Watson, Watts, Welch, Wit-
ten and Yerby—82.
Noes—Messrs. Bass, Boisseau, Brown, Cowan, James, Johnson, Lynn, McKinney,
Morgan, Riddick, Robinson, Wilson and Willcox—13.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 140. A bill incorporating the Piedmont land and improvement
company, with the pending motion to lay the bill on the table, being
the unfinished business of yesterday, was taken up.
Mr. Wilson moved the indefinite postponement of the bill; and
the question being on agreeing thereto, was put, and decided in the
negative.
The question recurred on the motion to lay the bill on the table;
and the question being on agreeing thereto, was put, and decided in
negative.
The bill was then amended, and as amended, read the second time,
and ordered to be engrossed and read the third time; and being forth¬
with engrossed, two-thirds concurring, on motion of Mr. Leftwich,
was read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Hackley, from the committee on enrolled bills, presented the
following report:
The committee on enrolled bills have examined sundry such billsr
and find them correctly enrolled.
Ordered, that the clerk communicate the same to the senate, for
further examination.
No. 80. A senate bill entitled an act to appropriate a sum necessary
to pay for the preparation and publication of the second edition of
the Code of Virginia, was taken up, on motion of Mr. Haymond.
Mr. Holdway moved to amend the bill, by striking out " and fifty
cents," thereby reducing the appropriation to Ritchie & Dunnavant
to $ 2 per volume for the Code ; and the question being 011 agreeing
thereto, was put, and decided in the affirmative.
Mr. Anderson moved to insert "and 25 cents," so-that the com¬
pensation allowed would be $ 2 25 cents per volume; and the ques¬
tion being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. Holdway, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Ballard, Baskervill,
Bass, Bisbie, Carpenter, Chapman, Childs, Coleman, Duckwall, Edgington,. Edwards, Gar¬
rett, Haymond, James, W. T. Jones, Kaufman, Kemper, Knote, Lundy, Magruder, Mat¬
thews, McCamant, McDowell, McKenzie, J. R. Miller, Mong, Morgan, Myers, Nelson,
Orgain, Preston, Robertson, Rutherfoord, Saunders, Seddon, Segar, Shannon, Thomas,
Tomlin, Tyler, Wallace, E. Watson and Witten—47.
232
JOURNAL OF THE
Noes—tMessrs. Alderson, Ball, Bentley, Boisseau, Booker, Brown, Crane, Crump, Dick¬
enson, Evans, Ferrill, Fleming, D. Gibson, J. Gilmer, C. H. Gilmer, Goodyeoontz, Hanly,
Harrison, Hackley, Holdway, Huntt, Hunter, Johnson, Kincheloe, Knotts, Kyle, Leftwieh,
Lockridge, Lynn, J. G. Martin, W. Martin, Massie, McCue, McGruder, McKinney, Miles,
Morris, Patterson, Pretlow, Pritchard, Randolph, Reid, Riddick, Robinson, Sherrard, I. N.
Smith, Staples, Ward, Watts, Welch, Wilson, Willcox and Yerby—53.
The bill, as amended, was then read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Arnold, Bailey, Ball, Ballard,
Baskervill, Bass, Bell, Bentley, Bisbie, Boisseau, Booker, Brown, Chapman, Childs, Cole¬
man, Crane, Crump, Dickenson, Duckwall, Edgington, Edwards, Evans, Ferrill, Fleming,
Friend, Frost, Garrett, D. Gibson, J. Gilmer, C. H. Gilmer, Goodyeoontz, Graham, Hanly,
Harrison, Haymond, Hackley, Holdway, Hunter, James, Johnson, W. T. Jones, Kaufman,
Kemper, Kincheloe, Knote, Knotts, Kyle, Lockridge, Lucas, Lundy, Lynn, Magrader,
J. G. Martin, W. Martin, Massie, Matthews, McCamant, McCue, McDowell, McGruder,
McKinney, McKenzie, Miles, J. R. Miller, Mong, Montgomery, Moms, Myers, Nelson,
Orgain, Patterson, Preston, Pretlow, Pritchard, Eandolph, Eeid, Eiddick, Robertson, Ro¬
binson, Eutherfoord, Saunders, Seddon, Segar, Shannon, Sberrard, J. K. Smith, I. N. Smith,
Staples, Thomas, Tomlin, Tyler, Walker, Wallace, Ward, E. Watson, Watts, Welch, Wil¬
son, Willcox, Witten and Yerby—104.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 197. A bill making appropriations for deficiencies in former
appropriations, and for defraying expenses of the general assembly
and convention now in session, with the pending amendment thereto,
was taken up, on motion of Mr. Haymond.
The question being on striking out the compensation to the com¬
missioners of the Harpers Ferry raid, was put, and decided in the
affirmative.
On motion of Mr. Seddon, the vote was recorded as follows:
Ayes—Messrs. Anderson, Bailey, Baskervill, Bass, Bell, Bentley, Boisseau, Booker,
Brown, Carpenter, Chapman, Childs, Christian, Coleman, Dickenson, Evans, Fleming,
Friend, Garrett, C. H. Gilmer, Goodyeoontz, Grattan, Harrison, Hackley, Holdway, Huntt,
Hunter, James, Johnson, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas,
Lundy, Lynn, J. G. Martin, W. Martin, Massie, Matthews, McCue, McDowell, McKinney,
Miles, Morgan, Morris, Orgain, Patterson, Preston, Pretlow, Eandolph, Eeid, Robinson,
Eutherfoord, Seddon, Shannon, J. K. Smith, I. N. Smith, Staples, Tomlin, Walker, Ward,
E. Watson, Watts, Wilson, Willcox, Witten and Yerby—70.
Noes—Messrs. Alderson, Ball, Cowan, Duckwall, Edwards, D. Gibson, Haymond, W. T.
Jones, Kaufman, Kemper, Magruder, McCamant, Mong, Myers, Nelson, Pritchard, Robert¬
son, Saunders, Segar, Sherrard, Thomas and Welch—22.
The bill was then further amended.
Mr. Kaufman moved to amend the bill, by inserting as an inde¬
pendent section, an amendment allowing to Angus W. McDoifald,
late commissioner to obtain documentary evidence from England in
relation to the boundaries of the state, the sum of $275 ; and the
question being on agreeing thereto, Mr. Tomlin moved that the bill
and amendments be laid upon the table; and the question being on
agreeing thereto, was put, and decided in the affirmative.
Mr. Grattan moved that the house adjourn; and the question
being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. Haymond, the vote was recorded as follows:
Ayes—Messrs. Boisseau, Christian, Grattan, James, Kemper, Magruder, Pretlow, Ruther-
foord, Seddon and Watts—10.
Noes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Baskervill, Bass,
Basscl, Bentley, Booker, Chapman, Crump, Dickenson, Duckwall, Edgington, Edwards,
Ferrill, Fleming, Friend, Garrett, D. Gibson, C. H. Gilmer, Goodyeoontz, Hanly, Harrison,
Haymond, Huntt, Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kincheloe, Knote,
HOUSE OF DELEGATES.
233
Knotts, Kyle, Left wick, Lockridge, Lundy, Lynn, W. Martin, Massie, Matthews, McCa-
mant, McCue, McGehee, Miles, D. Miller, Mong, Morgan, Morris, Myers, Nelson, Orgain,
Patterson, Porter, Preston, Pritchard, Randolph, Eeid, Robertson, Robinson, Saunders,
Shannon, Sherrard, J. K. Smith, I. N. Smith, Staples, Tomlin, Tyler, Walker, Ward, E.
Watson, Welch and Willcox—75.
Mr. Tomlin submitted the following preamble and resolutions,*
which were, on his motion, laid upon the table :
The general assembly of Virginia, deeply impressed with the criti¬
cal condition of national affairs, deems it proper at this time to sub-:
niit to the people of the state the only question which seems to it
necessary to be decided. As representatives of the people, we have
every confidence in their decision, and believe they will be guided by
prudence and wisdom, and that the action of the majority will be
acquiesced in, and thenceforth we shall move in harmony and con¬
cord.
The general assembly has heretofore exerted its influence in in-
deavoring to preserve the Union, and to avert the calamity of civil
war between the states. All its efforts to that end have signally failed.
This utter failure to compose* the differences existing between the
sections, has been produced by the operation of causes and influences
which have prevailed for many years. Against these influences the
people of this commonwealth have invariably struggled and urgentl}7
protested. Against every protest, and regardless of consequences of
the most disastrous character which were constantly predicted, and
which culminated in occurrences in this state deeply deplored, dis¬
tressing to our people, and burdensome and oppressive, the most
incessant agitation of the question of slavery in all its aspects has
been kept up in the halls of congress and in the legislative bodies of
the northern states, as well as in their pulpits and presses and schools,
as harassing to the southern people as the passage of the most ob¬
noxious laws could possibly have been. From these and other causes,
a feeling of dissatisfaction, irritation and distrust has arisen in the
minds of the southern people; and a sentiment of hostility^ to our
domestic institutions has been exhibited at the north which is utterly
at war with that fraternity which ought to pervade a government
instituted for mutual happiness and security. These feelings have at
length ripened into disruption and a severance of seven of the states
which heretofore composed the Union. The seceding states have
now formed a confederacy, and established an independent govern¬
ment, which ought to be recognized by the United States, and must
be by the governments of the world. With all these facts before us,
and with a view to ascertain that judgment, and to give effect to the
popular will, does hereby
Resolve, that it shall be the duty of the commissioners and officers
who shall be appointed according to law, to superintend and conduct
elections for members of the general assembly at the next election
in the month of May, to open a separate poll to take the sense
of the qualified voters upon the question of remaining in the
Union with the northern states, or of uniting Virginia with the
southern confederacy. In order to ascertain the sense of said
voters thereupon, the said officers shall cause to be kept a separate
30
234
JOURNAL OF THE
poll, with two columns—the one to be headed " For the Northern
Union;" and the other, "For the Southern Union:" and the names
of those who vote for the former shall be written under the former
heading, and those wTho vote for the latter, under the latter heading.
When the said officers meet as provided by law in the elections for
the legislature held at the same time, they shall ascertain and make
return of the number of persons voting for each proposition. They
shall deliver the said poll books to the clerk of their respective
counties or corporations, to be preserved in his office ; and shall forth¬
with transmit a certificate containing the aggregate vote for each pro¬
position, to the governor. Upon the receipt thereof, the governor
shall ascertain the result, and make proclamation thereof; and shall
also transmit a copy of his proclamation containing the said aggre¬
gate vote, to the convention, for their information.
The hour of 2 o'clock having arrived, the chair was vacated until
o'clock P. M.
EVENING SESSION.
On motion of Mr. Cowan,
Resolved, that leave be given to bring in a bill allowing to the
clerks of the senate and house of delegates compensation for services
rendered during the present session.
The Speaker announced the following committee: Messrs. Cowan,
Christian, Seddon, Segar and Martin of Henry.
Subsequently Mr. Cowan, from the committee, presented the fol¬
lowing bill:
No. 274. A bill allowing compensation to the clerk of the house
of delegates and clerk of the senate, for services rendered during the
present session of the general assembly; which, on his motion, was
read the first and second times, and ordered to be engrossed and read
the third time.
No. 113. A bill constituting a part of the Ohio river a lawful
fence, was taken up, on motion of Mr. Hanly, read the second time,
and ordered to be engrossed and read the third time; and being
forthwith engrossed, two-thirds concurring, was read the third time
and passed.
No. 162. A bill to amend the 14th section of an act providing
additional protection for the slave property of citizens of this com¬
monwealth, was taken up, on motion of Mr. Jones of Glloucester,
amended, and as amended, read the second time, and ordered to be
engrossed and read the third time; and being forthwith engrossed,
two-thirds concurring, was read the third time and passed.
No. 206. A bill to incorporate the Home savings bank of the city
of Richmond, was taken up, on motion of Mr. Robertson, read the
second time, and ordered to be engrossed and read the third time;
and being forthwith engrossed, two-thirds concurring, was read the.
third time and passed.
HOUSE OF DELEGATES. 235
No. 274. An engrossed bill incorporating the Staunton savings
bank, was taken up, on motion of Mr. Christian, read the third time
and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 242. An engrossed bill for the relief of John Robinson, a free
negro of Rockingham county, was taken up, on motion of Mr. Har¬
rison ; and the question being—Shall the bill pass, Mr. Woolfolk
moved that the bill be indefinitely postponed ; and the question being
on agreeing thereto, Mr. Kincheloe demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative.
No. 84. A senate bill entitled an act to incorporate the American
agency, was taken up, on motion of Mr. Segar, amended, and as
amended, read the third time and passed.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Ballard, Bell, Bisbie,
Boisseau, Booker, Chapman, Christian, Cowan, Crane, Duckwall, Fleming1, C. H. Gilmer,
Goodycoontz, Graham, Hanly, Harrison, Haymond, Hunter, Kaufman, Kemper, Kincheloe,
Knotts, Kyle, Leftwich, Lockridge, Lynn, Magruder, Massie, Matthews, McCamant, McGe-
hee, McKenzie, Miles, J. R. Miller, Morgan, Myers, Nelson, Orgain, Patterson, Phelps,
Preston, Randolph, Robertson, Robinson, Segar, Shannon, Thomas, Tyler, Walker, E.
Watson, Witten and Woolfolk—56.
Noes—Messrs. Ball, Bass, Bentley, Claiborne, Coleman, Crump, Ferrill, Garrett, D.
Gibson, J. T. Gibson, J. Gilmer, Grattan, Hackley, Holdway, Huntt, W. T. Jones, Keen,
Knote, Lucas, McKinney, Mong, Newton, Pretlow, Pritchard, Reid, Riddick, Rutherfoord,
Seddon, Sherrard, J. K. Smith, I. N. Smith, Staples, Tomlin, Wallace, Ward, Watts, Wil¬
son and Yerby—38.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 109. A bill incorporating the Patrick springs, female college,
was taken up, on motion of Mr. Staples, amended, and as amended,
read the second time, and ordered to be engrossed and read the third
time; and being forthwith engrossed, two-thirds concurring, was
read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Kemper, the resolution heretofore reported from
the committee on military affairs, in reference to the sale of muskets
by the executive to Joseph R. Anderson & Co., was taken up ; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
On motion of Mr. Crane, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bass,
Bassel, Bell, Boisseau, Booker, Carpenter, Chapman, Coleman, Crump, Duckwall, Evans,
Friend, Garrett, D. Gibson, J. T. Gibson, Goodycoontz, Grattan, Hanly, Harrison, Holdway,
Huntt, Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Knote, Knotts,
Kyle, Leftwich, Lucas, Lundy, Lynn, Magruder, Massie, Matthews, McCamant, McCue,
McGehee, McKinney, J. R. Miller, Morgan, Myers, Nelson, Newton, Orgain, Patterson,
Preston, Pretlow, Pritchard, Reid, Riddick, Robertson, Robinson, -Rutherfoord, Seddon,
Segar, Shannon, Sherrard, J. K. Smith, I. N. Smith, Staples, Tomlin, Tyler, Walker, Ward,
E. Watson, Witten, Woolfolk and Yerby—88.
Noes—Messrs. Crane, Hackley, McKenzie, Watts and Wilson—5.
The resolution is as follows :
Resolved by the general assembly, that the sale of old muskets by
236
JOURNAL OP THE
the executive to Messrs. Joseph R. Anderson & Co. is approved; and
the governor is hereby authorized and directed to deliver them to the
said Joseph R. Anderson & Co. as they shall make requisition for
them, excepting the reservation of ten thousand muskets, as stipu¬
lated in their contract: provided, however, that for any muskets
delivered in advance of estimates for work done, the said Joseph R.
Anderson & Co. as voluntarily proposed by them, shall be required
to deposit with the treasurer as security, an amount of state bonds
rated at par, equal to the value of the muskets so issued in advance,
estimated at the contract price.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Seddon,
• Resolved, that leave be given to bring in a bill allowing compen¬
sation to the commissioners to audit the Harpers Ferry claims.
The Speaker announced the following committee: Messrs. Sed¬
don, Kemper and Rutherfoord.
Subsequently, Mr. Seddon, from, the committee, presented the
following bill:
No. 275. A bill allowing compensation to the commissioners to
audit the Harpers Ferry claims ; which, on his motion, was read the
first time ; and the question being—Shall the bill be read the second
time? Pending the consideration of which,
On motion of Mr. Seddon, the house adjourned until to-morrow,
10 o'clock.
WEDNESDAY, March 27, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 26, 1861.
The senate have agreed to the amendment proposed by the house
of delegates to senate bill entitled :
An act to incorporate the Little Kanawha mining and manufactur¬
ing company, No. 141.
They have passed house bills entitled:
An act to amend the charter of the Bank of Charleston, No. 149.
An act to extend the charter of the Bank of Virginia, No. 131.
An act to extend the charter of the Farmers Bank of Virginia,
No. 132.
An act to extend the charter of the Bank of the Valley in Virginia,
No. 133.
An act to extend the charter of the Exchange Bank of Virginia,
No. 134.
An act to extend the charter of the Merchants and Mechanics Bank
of Wheeling, No. 136.
An act to extend the charter of the Northwestern Bank of Vir¬
ginia, No. 135.
HOUSE OP DELEGATES.
237
An act to extend the charter of the Central Bank of Virginia,
No. 232.
An act authorizing the trustees of the Methodist district parsonage
in Salem, Roanoke county, to borrow money, and execute a deed of
trust to secure the same, No. 252.
An act changing the names of the lunatic asylums, No. 108.
And they have also passed house bill entitled:
An act imposing taxes for the support of government, No. 11S, with
amendments.
And they have passed a bill entitled:
An act to release the title to 556J acres of land in the county of
Hanover to John H. Taliaferro.
In which amendments and bill they respectfully request the con¬
currence of the house of delegates.
No. 118. A bill imposing taxes for the support of government,
with the amendments proposed thereto by the senate, was taken up,
and on motion of Mr. ITaymond, referred to the committee on finance,
and the amendments ordered to be printed.
No. 237. A senate bill entitled an act to release the title to 556^
acres of land in the county of Hanover to John H. Taliaferro, was
read the first and second times, and on motion of Mr. Newton, read
the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Ballard, Bass, Bassel,
Bentley, Boisseau, Booker, Chapman, Childs, Coleman, Collier, Crane, Dickenson, Edwards,
Evans, Fleming, Frost, Garrett, D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Hanly,
Harrison, Haymond, Hackley, Holdway, Hnntt, Hunter, Johnson, W. T. Jones, Kauf¬
man, Keen, Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas, Lundy,
Magruder, W. Martin, Matthews, McCamant, McCue, McDowell, McGehee, McKinney,
McKenzie, Miles, D. Miller, J. R. Miller, Mong, Montgomery, Myers, Nelson, Newton,
Orgain, Patterson, Preston, Pretlow, Pritchard, Reid, Richardson, Riddick, Robertson,
Robinson, Rutherfoord, Saunders, Seddon, Segar, Shannon, Sherrard, J. K. Smith, Staples,
Thomas, Tomlin, Tyler, Walker, Ward, Welch, West, Witten, Woolfollt and Yerby—90.
Ordered, that the clerk inform the senate thereof.
Mr. Chapman, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 276. A bill appointing superintendents of the Staunton and
Parkersburg road; which, on his motion, was read the first and
second times, and ordered to be engrossed and read the third time.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 277. A bill to provide for a special election in the town of
Marion in the county of Smyth ; which'was, on motion of Mr. Shan¬
non, read the first and second times, and ordered to be engrossed and
read the third time; and being forthwith engrossed, two-thirds con¬
curring, was read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 217. An engrossed bill refunding a sum of money paid by the
county of Middlesex for a set of weights and measures, was taken
up, on motion of Mr. Evans, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Barbour,
Bass, Beutley, Bisbie, Boisseau, Booker, Brown, Caperton, Chapman, Childs, Christian,
238
JOURNAL OF THE
Collier, Cowan, Crane, Crump, Dickenson, Edgington, Edwards, Evans, Friend, Frost,
D. Gibson, J. T. Gibson, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison,
Raymond, Hackley, Hoffman, Holdway, Huntt, Hunter, James, Johnson, W. T. Jones,
Kaufman, Keen, Kee, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lundy, Lynn,
Magruder, J. G. Martin, W. Martin, Massie, Matthews, McCamant, McDowell, McGehee,
McKinney, McKenzie, Miles, J. R. Miller, Mong, Morris, Myers, Newton, Orgain, Patter¬
son, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robinson, Ruther-
foord, Saunders, Seddon, Segar, Sherrard, J. K. Smith, Staples, Thomas, Tomlin, Tyler,
Wallace, Ward, E. Watson, Watts, Welch, Wilson, Willcox, Witten, Woolfolk and Yerby—
101.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 184. A bill to incorporate the Farmers and Mechanics in¬
surance company of the city of Richmond, was taken up, on motion
of Mr. Myers, read the second time, and ordered to he engrossed
and read the third time; and being forthwith engrossed, two-thirds
concurring, was read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 238. A bill to amend and re-enact the 45th section of chapter
85 of the Code of Virginia, was taken up, on motion of Mr. Crump,
read the second time, and ordered to be engrossed and read the third
time.
The joint resolution heretofore reported from the committee on
finance, giving further time to the securities of P. P. Winston, late
sheriff* of Richmond city, to pay certain bonds executed by them,
was taken up, on motion of Mr. Saunders ; and the question being
on agreeing thereto, was put, and decided in the affirmative. .
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bar¬
bour, Bassel, Bentley, Bisbie, Boisseau, Booker, Caperton, Chapman, Christian, Coleman,
Collier, Cowan, Dickenson, Duckwall, Edgington, Evans, Fleming, Friend, Frost, Garrett,
D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodyeoontz, Graham, Grattan, Hanly,
Harrison, Haymond, Hackley, Holdway, Huntt, Hunter, James, Johnson, Kaufman, Keen,
Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas, Lundy, Lynn, Magruder, J.
G. Martin, W. Martin, Massie, Matthews, McCamant, McCue, McGehee, McKinney,
McKenzie, Miles, J. R. Miller, Mong, Morris, Myers, Newton, Orgain, Patterson, Phelps,
Preston, Pretlow, Randolph, Richardson, Riddick, Robertson, Robinson, Saunders, Shan¬
non, Sherrard, J. Iv. Smith, Staples, Thomas, Tyler, Walker, Ward, E. Watson, Watts,
Welch, Willcox, Witten, Woolfolk and Yerby—95.
Noes—Messrs. Bass, Brown, W. T. Jones, Seddon, Tomlin and Wilson—6.
The resolution is as follows :
Resolved by the general assembly of Virginia, that the auditor of
public accounts be hereby authorized to arrange the payments of
the bonds executed by the sureties of P. P. Winston, late sheriff
of the city of Richmond, in such manner as to require only one-half
of the installment due January 1st, 1861, to be paid, and the residue
of said installment, and the whole installment due January 1st, 1862,
to be paid in two equal installments—the first upon the 1st of January
1862, and the second upon the 1st of January 1863 : provided, how¬
ever, that said arrangement shall not be made, and the same is not
hereby authorized, until the sureties in the several bonds, as well as
the principals therein, shall, by instrument of writing, to be by them
executed, assent to the terms of this joint resolution, and to the
arrangement hereby authorized to be made as aforesaid; and the au¬
thority granted by this resolution shall be deemed to be vested in the
HOUSE OF DELEGATES.
239
auditor, only upon and after the execution of the instrument afore¬
said.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 102. A senate bill entitled an act to amend the pilot laws in
regard to the Potomac river, was taken up, 011 motion of Mr. McKen-
zie, read the third time and passed.
No. 109. A senate bill entitled an act to incorporate the James
river boot, shoe and leather manufacturing company, was taken up,
on motion of Mr. Friend, read the third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Martin of Henry submitted the following resolutions:
Resolved, that in the opinion of this general assembly, there is at
present no adequate cause to impel Virginia to dissolve her connection
with the federal Union, but on the contrary, she should labor for such
an adjustment of the existing difficulties as will secure the peace and
protect the rights and equality of all the states.
Resolved, that it shall be the duty of the commissioners and officers
who shall be appointed according to law to superintend and conduct
elections for the general assembly at the next election in the month
of May, to open a separate poll to take the sense of the qualified
voters upon the question of remaining in the federal Union. In
order to ascertain the sense of the said voters thereupon, the said offi¬
cers shall cause to be kept a separate poll, with two columns—the one
to be headed " For remaining in the Union with proper constitutional
guarantees;" and the other "For Secession." And the names of
those who vote for the former, shall be written under the former
heading, and those who vote for the latter, under the latter heading.
When the said officers meet as provided by law in the election for
members of the general assembly held at the same time, they shall
ascertain and make return of the number of persons voting for each pro¬
position. They shall deliver the said poll books to the clerk of their
respective counties and corporations, to be preserved in his office,
and shall forthwith transmit a certificate, containing the aggregate
vote for each proposition, to the governor. Upon the receipt thereof,
the governor shall ascertain the result, and make proclamation there¬
of ; and shall also transmit a copy of his proclamation, containing
the said aggregate vote, to the convention, for their information.
Mr. Anderson moved that the resolutions be indefinitely post¬
poned ; and the question being on agreeing thereto, was put, and de¬
cided in the negative.
On motion of Mr. Walker, the vote was recorded as follows:
Ayes—Messrs. Anderson, Bailey, Ballard, Baskervill, Bassel, Boisseau, Booker, Chap¬
man, Childs, Coleman, Collier, Duckwall, Edwards, Friend, Garrett, J. Gilmer, Grattan,
Huntt, Hunter, James, Johnson, W. T. Jones, Kaufman, Knote, Lucas, Lundy, Lynn,
McCamant, McDowell, McGehee, McKinney, J. R. Miller, Mong, Montgomery, Morgan,
Nelson, Newton, Orgain, Phelps, Rutherfoord, Seddon, Thomas, To'mlin, Tyler, Wallace,
Ward, Wilson, Witten and Woolfolk—49.
Noes—Messrs. Crutchfield (speaker), Alderson, Ball, Barbour, Bass, Bentley, Bisbie,
Brown, Caperton, Christian, Cowan, Crane, Crump, Dickenson, Edgington, Ferrill, Fleming,
Frost, D. Gibson, C. H. Gilmer, Goodycoontz, Hanly, Harrison, Haymond, Hackley, Hola-
\ray, Keen, Kee, Knotts, Kyle, Leftwich, Lockridge, Magrader, J. G. Martin, W. Martin,
240
JOURNAL OF THE
Massie, Matthews, McCue, McKenzie, Miles, I). Miller, Moms, Myers, Patterson, Preston,
Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Saunders, Segar,
Sherrard, J. K. Smith, I. N. Smith, Staples, Walker, E. Watson, Watts, Welch, West, Will-
cox and Yerby—66.
The resolutions were then, on motion of Mr. Martin of Henry,
laid on the table.
No. 119. An engrossed bill making an appropriation for the removal
to Virginia of the remains of Gren'l Harry Lee, was taken up, on
motion of Mr. McCamant, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bar¬
bour, Baskervill, Bass, Bentley, Bisbie, Boisseau, Booker, Brown, Caperton, Chapman,
Christian, Coleman, Collier, Crump, Duckwall, Edgington, Edwards, Ferrill, Fleming,
Friend, Frost, Garrett, D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan,
Hanly, Harrison, Haymond, Hackley, Holdway, Huntt, Hunter, James, Johnson, W. T.
Jones, Kaufman, Kee, Kincheloe, Knote, Knotts, Kyle, Leftwicli, Lucas, Lundy, Lynn,
Magruder, J. G. Martin, W. Martin, Massie, Matthews, McCamant, McCue, McDowell,
McGehee, McKinney, McKenzie, Miles, J. R.Miller, Mong, Myers,Nelson, Newton, Orgain,
Patterson, Preston, Pretlow, Pritchard, Reid, Richardson, Riddick, Robertson, Robinson,
Rutherfoord, Saunders, Seddon, Segar, Sherrard, I. N. Smith, Staples, Tomlin, Tyler, Walker,
Wallace, Ward, E. Watson, Watts, Welch, West, Wilson, Willcox, Witten, Woolfolk and
Yerby—102.
No—Mr. Keen—1.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. McCue, from the special committee on the penitentiary, pre¬
sented the following bill:
No. 278. A bill for the lease of the penitentiary; which, on his
motion, was read the first time, and ordered to be read the second
time.
No. 131. A senate bill entitled an act to amend the 3d and 4th
sections of an act passed March 15th, 1850, to provide for the inspec¬
tion of guano and plaster of paris in the cit}T of Richmond and town
of Petersburg, was taken up, on motion of Mr. Seddon, amended,
and as amended, read the third time and passed.
No. 38. A senate bill entitled an act to refund to James S. Con-
nell and Daniel Polsley a sum of money improperly paid by them
into the treasury as tax on land in Roane county, was taken up, on
motion of Mr. Welch, amended, and as amended, read the third
time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Ballard, Bass,
Bassel, Bentley, Bisbie, Boisseau, Booker, Carpenter, Chapman, Childs, Christian, Collier,
Crump, Edwards, Evans, Fleming, Frost, Garrett, D. Gibson, C. H. Gilmer, Goodycoontz,
Graham, Hanly, Harrison, Haymond, Hackley, Holdway, Huntt, Hunter, Johnson, Kauf¬
man, Keen, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lockridge, Lucas, Lynn, Magruder,
W. Martin, Matthews, McCamant, McCue, McDowell, McGehee, McKinney, McKenzie,
Miles, D. Miller, J. R. Miller, Mong, Montgomery, Myers, Nelson, Newton, Orgain, Pat¬
terson, Phelps, Preston, Pretlow, Pritchard, Reid, "Richardson, Riddick, Robertson, Robin¬
son, Rutherfoord, Saunders, Seddon, Segar, Shannon, Sherrard, J. K. Smith, I. N. Smith,
Tomlin, Tyler, Walker, Ward, Watts, Welch, Willcox, Witten, Woolfolk and Yerby—91.
No—Mr. Staples—1.
No. 78. An engrossed bill to increase the pay of the common¬
wealth's attorney for the circuit court of Ohio county, was taken up,
on motion of Mr. Edgington, read the third time and passed.
Ayes—Messrs. Alderson, Anderson, Ballard, Baskervill, Bentley, Bisbie, Booker, Brown,
Chapman, Cowan, Crump, Edgington, Edwards, Ferrill, Fleming, Frost, Garrett, D. Gib¬
son, Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hoffman, Holdway,
HOUSE OF DELEGATES.
241
Huntt, Hunter, James, W. T. Jones, Kaufman, Keen, Kee, Knote, Kyle, Leftwich, Lucas,
Magruder, J. G. Martin, W. Martin, Massie, Matthews, McCamant, McCue, McGehee,
McKinney, McKenzie, Miles, D. Miller, J. K. Miller, Montgomery, Moms, Myers, Orgain,
Patterson, Phelps, Porter, Preston, Pritchard, Eandolph, Reid, Richardson, Robertson,
Rutherfoord, Saunders, Seddon, Segar, Sherrard, J. K. Smith, I. N. Smith, Staples, Thomas,
Tyler, Walker, Wallace, Ward, E. Watson, Watts, Welch, West, Wilson, Willcox, Witten
and Yerby—84.
Noes—Messrs. Bass, Coleman, C. H. Gilmer, Johnson, Newton, Robinson, Tomlin and
Woolfolk—8.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 165. A bill for the better government of the town of Dan¬
ville, was taken up, on motion of Mr. Keen, read the second time,
and ordered to be engrossed and read the third time; and being
forthwith engrossed, was read the third time and passed.
No. 167. A bill to incorporate the Newport and Gap mills turn¬
pike company, was taken up, on motion of Mr. Kyle, read the second
time, and ordered to be engrossed and read the third time ; and being
forthwith engrossed, two-thirds concurring, was read the third time
and passed.
No. 174. A bill to incorporate the Leesburg and Aldie turnpike
company, was taken up, on motion of Mr. Ball, read the second
time, and ordered to be engrossed and read the third time ; and being
forthwith engrossed, two-thirds concurring, was read the third time
and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 111. A bill to incorporate the Insurance company of Rock¬
bridge, was taken up, on motion of Mr. Reid, read the second time,
and ordered to be engrossed and read the third time.
The Speaker laid before the house a communication from the
Board of public works, in reference to a judgment of John Kelly
against said board; which was ordered to be referred to the commit¬
tee on finance.
No. 197. A bill making appropriations for deficiencies in former
appropriations, and for defraying expenses of the general assembly
and convention now in session, was taken up, on motion of Mr. Hay-
mond, amended, and as amended, read the second time, and ordered
to be engrossed and read the third time.
On motion of Mr. Bassel,
Resolved, that leave be given to bring in a bill for a further appro¬
priation to the Northwestern lunatic asylum.
The Speaker announced the following committee : Messrs. Bassel,
Cowan, Yerby, Smith of Taylor, and Reid.
Subsequently, Mr. Bassel, from the committee, presented the fol¬
lowing bill:
No. 278. A bill making an appropriation of $25,000 for the con¬
struction of the Northwestern lunatic asylum; which, on his motion,
was read the first and second times, and ordered to be engrossed and
read the third time.
The hour of 2 o'clock having arrived, the chair was vacated until
7£ o'clock P. M.
31
242
journal of the
EVENING SESSION.
No. 124. A bill authorizing the county courts to establish water
courses a lawful fence within their respective limits, was taken up,
on motion of Mr. Magruder, read the second time, and ordered to
be engrossed and read the third time; and being forthwith engrossed,
two-thirds concurring, was read the third time and passed.
No. 267. A bill to incorporate the Aid savings bank of the city of
Richmond, was taken up, on motion of Mr. Gibson of Hampshire,
amended, and as amended, read the second time, and ordered to be
engrossed and read the third time; and being forthwith engrossed,
two-thirds concurring, was read the third time and passed.
On motion of Mr. Gibson, the title was amended, by making it
read "The tobacco savings bank."
No. 138. A bill authorizing the Board of public works to appoint
commissioners to estimate the losses sustained by Wm. W. King in
the construction of the 14th section of the Ohio river and Maryland
turnpike road, was taken up, on motion of Mr. Pritchard, read the
second time, and ordered to be engrossed and read the third time;
and being forthwith engrossed, two-thirds concurring, was read the
third time and passed.
No. 99. An engrossed bill authorizing the trustees of Eastern
meeting house in the county of Morgan to sell and convey the same,
was taken up, on motion of Mr. Euckwall, read the third time and
passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 132. A senate bill entitled an act to amend the 1st section of
chapter 149 of the Code of Virginia, relative to the limitation of
suits, so as to limit the right to make an entry or bring an action to
recover land west of the Alleghany mountains, was taken up, on
motion of Mr. Phelps, read the third time ; and the question being—
Shall the bill pass ? Mr. Walker demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative.
No. 238. An engrossed bill to amend and re-enact the 45th section
of chapter 85 of the Code of 1849, was taken up, on motion of Mr.
Crump, read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Edwards, the house adjourned until to-morrow,
10 o'clock.
HOUSE OF DELEGATES.
243
THURSDAY, Maech 28, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 27, 1861.
The senate have passed house bills entitled :
An act incorporating the Staunton savings bank, No. 274.
An act incorporating the Patrick springs female college, No. 109.
An act constituting a part of the Ohio river a lawful fence, No. 113.
An act amending the 2d section of an act authorizing the Bank of
the Valley in Virginia to establish a branch in the city of Richmond.
No. 129.
An act incorporating the Piedmont land and improvement company,
No. 140.
An act to repeal an act passed April 2d, 1858, entitled an act re¬
quiring the banks of the commonwealth to resume specie payments,
No. 76.
An act to incorporate the Monongahela savings bank in the county
of Monongalia, No. 130.
An act to amend and re-enact an act passed March 22, 1860, en¬
titled an act to incorporate the Knob turnpike company in the county
of Washington, and incorporating the Abingdon and Tennessee turn¬
pike company, No. 226.
They have agreed to the amendments proposed by the house of
delegates to senate bill entitled:
An act to appropriate a sum necessary to pay for the preparation
and publication of the second edition of the Code of Virginia,
No. 80.
They have also passed senate bill entitled:
An act to suspend the levying of taxes by the state on the Wheel¬
ing and Belmont bridge company for six years, No. 259.
They have agreed to a resolution to authorize the governor to con¬
tract for the manufacture and repairs of arms at the armory.
They have also agreed to a resolution to grant to A. W. McDonald
the exclusive right of publishing certain manuscripts obtained by him
from England.
They have passed with amendments house bill entitled:
An act for the voluntary enslavement of free negroes without com¬
pensation to the commonwealth, No. 219.
In which bill, resolutions and amendments they respectfully request
the concurrence of the house of delegates.
No. 259. A senate bill entitled an act to suspend the levying of
taxes by the state on the Wheeling and Belmont bridge company for
six years, was read the first and second times, and on motion of Mr.
Knote, read the third time and passed.
Ayes—Messrs. Crutehfield (speaker), Alderson, Anderson, Ball, Barbour, Baskervill,
Bass, Bassel, Bentley, Bisbie, Booker, Brown, Caperton, Carpenter, Cassin, Chapman,
Christian, Cowan, Crane, Davis, Edgington, Edwards, Fleming, Frost, D. Gibson, J. T.
Gibson, J. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley,
244
JOURNAL OF THE
Hoffman, Hunter, James, Johnson, Kaufman, Keen, Knote, Knotts, Lockridge, Lucas,
Magruder, W. Martin, Massie, Matthews, McCamant, McCue, McGrpder, McKenzie, D.
Miller, Montague, Morgan, Morris, Myers, Patterson, Phelps, Preston, Pretlow, Pritehard,
Reid, Richardson, Robertson, Saunders, Seddon, Segar, Shannon, Sherrard, J. K. Smith,
I. N. Smith, H. Smith, Thomas, Tyler, Wallace, E. Watson, Watts, Welch, West, Witt en
and Yerby—82.
Noes—Messrs. Boisseau, Burks, Coleman, Collier, Evans, Friend, Garrett, C. H. Gilmer,
Huntt, W. T. Jones, Kincheloe, Kyle, Leftwich, Lundy, Lynn, J. G. Martin, McGehee,
McKinney, Miles, J. R. Miller, Newton, Rives, Staples, Tomlin, Ward, Wilson, Willcox and
Woolfolk—28.
Ordered, that the clerk inform the senate thereof.
A joint resolution to grant to Angus W. McDonald, the exclusive
right of publishing certain manuscripts obtained by him from Eng¬
land, was taken up, and agreed to.
Ordered, that the clerk inform the senate thereof.
A joint resolution to authorize the governor to contract for the
manufacture and repairs of arms at the armory, was laid on the table,
on motion of Mr. Seddon.
No. 219. An act for the voluntary enslavement of free negroes
without compensation to the commonwealth, with the amendments
proposed thereto by the senate, was taken up, and the amendments
of the senate agreed to.
On motion of Mr. Alderson,
Resolved, that leave be given to bring in a bill to increase the
annual compensation to the commissioners of the revenue for the
counties of Braxton, Nicholas, Fayette and Logan.
The Speaker announced the following committee : Messrs. Aider-
son, Witten, Haymond, Fleming and Lockridge.
No. 142. A senate bill entitled an act for the relief of the Orange
and Alexandria rail road company, was taken up, on motion of Mr.
Barbour, amended, and as amended, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Barbour, Bas-
kervill, Bass, Bentley, Bisbie, Brown, Burks, Caperton, Carpenter, Chapman, Christian,
Collier, Davis, Duckwall, Edgington, Edwards, Evans, Fleming, Frost, Garrett, J. T. Gib¬
son, J. Gilmer, C. H. Gilmer, Graham, Grattan, Hanly, Harrison, Haymond, Haekley,
Huntt, Hunter, Johnson, Keen, Kincheloe, Knote, Kyle, Leftwich, Lockridge, Lynn, Ma¬
gruder, J. G. Martin, W. Martin, Massie, Matthews, McCamant, McGruder, McKenzie, D.
Miller, Montague, Morgan, Myers, Nelson, Newton, Patterson, Preston, Reid, Richardson,
Robertson, Saunders, Seddon, Segar, Shannon, Sherrard, H. Smith, Staples, Thomas, Tom¬
lin, Tyler, Wallace, Ward, E. Watson, Witten and Woolfolk—78
- Noes—Messrs. Bassel, Boisseau, Booker, Boreman, Coleman, Crump, Dickenson, Ferrill,
Friend, Goodycoontz, Hoffman, James, Kaufman, Knotts, Lundy, McGehee, McKinney,
Medley, Miles, Mong, Morris, Porter, Pretlow, Pritehard, Randolph, Riddick, Robinson,
Rives, J. K. Smith, Watts, Wilson, Willcox and Yerby—33.
Ordered, that Mr. Barbour carry the same to the senate, and re¬
quest their concurrence.
Mr. Robertson submitted the followinsf resolutions :
o
Whereas the people of Virginia, in convention, are now openly
considering whether they shall resume the powers delegated by them
to the general government, and are almost unanimous in the opinion
that the exercise of such right, in the recent and present state
of the country, by any of the states, should not be sought to be con¬
trolled or followed by a resort to force; and the failure of the presi¬
dent of the United States fully to explain his intended policy in this
respect gives just cause of mistrust:
HOUSE OF DELEGATES.
245
Be it therefore resolved by the general assembly, that under exist¬
ing circumstances, a proper respect to this commonwealth imperiously
demands that no movement of any arms, or increase of armament, or
troops of the general government, within its limits, should he autho¬
rized or permitted by the said government, and could not occur with¬
out seriously hazarding the public peace.
Resolved, that the governor communicate the foregoing resolution
to the president of the United States.
Objection being made, Mr. Tomlin moved a suspension of the rule,
with a view to consider the resolutions ; and the question being upon
agreeing thereto, was put, and decided in the affirmative.
The hour of 12 o'clock having arrived, the Speaker announced
that the order of the day, which was a senate bill entitled an act to
stay the proceedings on executions, trust deeds and other demands in
cases of refusal to receive bank notes, No. 54, with the pending
amendment thereto, was next in order.
Mr. Seddon moved to pass by the order of the day, for the pur¬
pose of considering the resolutions submitted by Mr. Robertson ;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Collier submitted the following amendment, by way of sub¬
stitute to the resolutions submitted by Mr. Robertson :
" Resolved by the general assembly of Virginia, that the governor
of this commonwealth be requested to notify the president of the
United States, that no arms or ammunition shall be transported, by
order of the general government, to any of the fortifications of the
United States over the soil of Virginia; and the governor is hereby
authorized and empowered to summon any portion of the volunteer
and militia force of this commonwealth to carry out the requirements
of this resolution."
Mr. Keen moved to amend the amendment, by substituting the
following:
" And whereas the members of that convention were elected with
special reference to all questions of a federal character: Therefore,
Resolved, that this general assembly, during the session of the
Virginia convention, will not consider any question of a federal cha¬
racter."
And the question being on agreeing thereto, was put, and decided
in the negative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Alderson, Ball, Bentlej, Cassin, Christian, Cowan, Crane, Dickenson,
Edgington, Ferrill, Fleming, D. Gibson, Goodycoontz, Harrison, Haymond, Hackley,
Keen, Knotts, Leftwich, Lockridge, J. G. Martin, McCue, McKenzie, D. Miller, Morris,
Patterson, Porter, Pritchard, Randolph, Reid, Richardson, Sherrard, I. N. Smith, Watts and
Welch—35.
Noes—Messrs. Crntchfield (speaker), Anderson, Bailey, Baskervill, Bass, Bassel, Bisbie,
Boisseau, Booker, Burks, Caperton, Carpenter, Chapman, Childs, Coleman, Collier, Crump,
Davis, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer,
Graham, Grattan, Hanly, Huntt, Hunter, James, Johnson, W. T. Jones, Kaufman, Kincheloe,
Knote, Kyle, Lucas, Lundy, Lynn, Magruder, W. Martin, Matthews, McCamant, McDowell,
McGehee, McGruder, McKinney, Miles, J. R. Miller, Mong, Montague, Myers, Nelson,
Newton, Orgaiu, Preston, Robertson, Robinson, Rives, Rutlierfoord, Saunders, Seddon,
Segar, Shannon, J. K. Smith, H. Smith, Staples, Thomas, Tomliu, Tyler, Wallace, Ward,
E. Watson, West, Wilson, Willcox, Witten, Woolfolk and Yerby—81.
246
JOURNAL OF THE
The question being on agreeing to the amendment submitted by
Mr. Collier—pending the consideration thereof, the hour of 2 o'clock
having arrived, the chair was vacated until 7£ o'clock.
EVENING SESSION.
A message from the senate, by their clerk, was received as follows:
In Senate, March 28, 1861.
The senate have passed house bill entitled:
An act to incorporate the Virginia canal company, and to transfer
the rights and franchises of the James river and Kanawha company
thereto, No. 218, with amendments.
In which amendments they respectfully request the concurrence
of the house of delegates.
No. 197. An engrossed bill making appropriations for deficiency
in former appropriations, and for defraying expenses of the general
assembly and convention now in session, was taken up, on motion of
Mr. Haymond, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Bass, Bassel,
Bell, Bentley, Bisbie, Boisseau, Booker, Brown, Burks, Caperton, Carpenter, Chapman,
Childs, Christian, Coleman, Collier, Cowan, Crane, Crump, Dickenson, Edgington, Ed¬
wards, Evans, Fleming, Friend, Frost, Garrett, J. T. Gibson, J. Gilmer, Goodycoontz, Gra¬
ham, Grattan, Harrison, Haymond, Hackley, Hunter, James, Johnson, W. T. Jones,
Kaufman, Keen, Kincheloe, Knote, Knotts, Kyle, Lockridge, Lucas, Lundy, Lynn, Ma-
gruder, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, McCamant, McCue,
McGehee, McGruder, McKinney, McKenzie, J. R. Miller, Mong, Moms, Myers, Newton,
Orgain, Patterson, Porter, Preston, Pretlow, Pritchard, Reid, Richardson, Riddick, Robert¬
son, Robinson, Rives, Rutherfoord, Segar, Shannon, Sherrard, J. K. Smith, I. N. Smith,
H. Smith, Staples, Thomas, Thompson, Tomlin, Tyler, Wallace, Ward, E. Watson, Watts,
West, Wilson, Witten, Wool folk and Yerby—104.
Noes—Messrs. Borenian, C. H. Gilmer and Huntt—3.
Ordered, that Mr. Haymond carry the same to the senate, and re¬
quest their concurrence.
Mr. Alderson, from a special committee, presented the following
bill; which, on his motion, was read the first and second times, and
ordered to be engrossed and read the third time:
No. 279. A bill to increase the compensation of the commissioner
of the revenue for the counties of Braxton, Nicholas, Fayette and
Logan.
The preamble and resolutions submitted during the morning ses¬
sion, with the pending amendment thereto, submitted by Mr. Col¬
lier, being the unfinished business, was taken up.
The question being on agreeing to the amendment, Mr. Yerby de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the negative.
On motion of Mr. Seddon, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Bailey, Bass, Bassel, Bell, Boisseau,
Booker, Carpenter, Chapman, Childs, Coleman, Collier, Crump, Edwards, Evans, Friend,
Garrett, Graham, Grattan, Huntt, Hunter, James, Johnson, W. T.Jones, Kaufman, Kinche¬
loe, Kyle, Lucas, Lundy, Lynn, T. Martin, McCamant, McDowell, McGehee, McGruder,
McKinney, J. R. Miller, Mong, Montague, Nelson, Newton, Orgain, Robinson, Rives,
HOUSE OF DELEGATES.
247
Rutherfoord, Seddon, H. Smith, Thomas, Tomlin, Tyler, Wallace, E. Watson, Wilson,
Witten and Woolfolk—56.
Noes—Messrs. Alderson, Ball, Bentley, Bisbie, Boreman, Brown, Burks, Caperton, Cas¬
ein, Christian, Crane, Dickenson, Duckwall, Edgington, Ferrill, Fleming, Frost, D. Gibson,
J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Harrison, Hackley, Haymond, Keen,
Knotts, Leftwich, Lockridge, Magruder, J. G. Martin, W. Martin, Massie, Matthews,
McCue, McKenzie, Miles, Morris, Myers, Patterson, Porter, Preston, Pretlow, Pritchard,
Randolph, Reid, Richardson, Riddick, Robertson, Segar, Sherrard, J. K. Smith, I. N.
Smith, Staples, Thompson, Ward, Watts, Welch, West and Yerby—60.
The question recurring on agreeing to the preamble and resolu¬
tions, Mr. Yerby demanded the previous question; which was sus¬
tained by the house; and being put, was decided in the affirmative.
On motion of Mr. Ball, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Bailey, Ball, Bass, Bassel, Bell, Bentley,
Bisbie, Boisseau, Booker, Burks, Caperton, Carpenter, Chapman, Childs, Christian, Cole¬
man, Collier, Crump, Duckwall, Edwards, Evans, Fleming, Friend, Garrett, D. Gibson,
J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Haymond, Hackley, Huntt,
Hunter, James, Johnson, W. T. Jones, Kaufman, Kincheloe, Knote, Kyle, Leftwich,
Lockridge, Lucas, Lundy, Lynn, Magruder, J. G. Martin, T. Martin, W. Martin, Massie,
Matthews, McCamant, McCue, McDowell, McGehee, McGruder, McKinney, Miles, J. R.
Miller, Mong, Montague, Myers, Nelson, Newton, Orgain, Patterson, Preston, Pretlow,
Pritchard, Riddick, Robertson, Robinson, Rives, Rutherfoord, Seddon, Shannon, Sherrard,
J. K. Smith, H. Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, E. Watson,
Welch, West, Wilson, Witten, Woolfolk and Yerby—95.
Noes—Messrs. Alderson, Boreman, Cassin, Cowan, Crane, Edgington, Ferrill, Frost,
Goodycoontz, Harrison, Keen, Knotts, McKenzie, Morris, Porter, Randolph, Reid, Rich¬
ardson, Segar, I. N. Smith, Thompson and Watts—22.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Lynch, who in¬
formed the house of delegates that the senate had passed house bill
No. 146, entitled an act authorizing the auditor of public accounts to
release the sureties of defaulting sheriffs from the payment of da¬
mages in certain cases, with amendments, in which they respectfully
request the concurrence of the house of delegates.
No. -54. A senate bill entitled an act to stay the proceedings on
executions, trust deeds and other demands, in cases of refusal to
receive bank notes, with the pending amendment thereto, being the
order of the day, was taken up.
Mr. Duckwall submitted an amendment to the amendment.
Pending the consideration of which,
On motion of Mr. McKenzie, the house adjourned until to-morrow,
10 o'clock.
FRIDAY, March 29, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 28, 1861.
The senate have passed house bills, entitled:
An act making an appropriation for the removal to Virginia of the
remains of Gen. Harry Lee, No. 119.
248
JOURNAL OP THE
An act to increase the pay of the commonwealth's attorney for the
circuit court of Ohio county, No. 78.
An act to incorporate the Farmers and Mechanics insurance com¬
pany of the city of Richmond, No. 184.
An act for a special election in the town of Marion in the county
of Smyth, No. 277.
An act to incorporate the Newport and Gap mills turnpike com¬
pany, No. 167.
An act authorizing the Board of public works to appoint commis¬
sioners to estimate and report losses sustained by Wm. W. King, in
the construction of the 14th section of the Ohio river and Maryland
turnpike road, No. 138.
An act to incorporate the Tobacco savings bank in the city of
Richmond, No. 207.
They have agreed to the amendments of the house to the bill
entitled:
An act to amend the 3d and 4th sections of an act passed March
15, 1850, to provide for the inspection of guano and plaster of paris
in the city of Richmond and town of Petersburg, No. 131.
They have also agreed to the amendment of the house to the bill
entitled:
An act to refund to James S. Connell and Daniel Polsley a sum of
money improperly paid by them into the treasury as tax on land in
Roane county, No. 38.
They have passed bills entitled :
An act to amend the 15th section of chapter 109 of the Code of
Virginia (2d edition), No. 229.
An act amending the charter of the town of Union in the county
of Monroe, No. 245.
An act to authorize the county court of Fluvanna county to ap¬
propriate certain funds to the uniforming and equipping volunteer
companies in said county, No. 249.
An act incorporating the Rockbridge insurance company, No. 250.
An act in relation to the printing of the Acts of Assembly, No.
214.
In which they respectfully request the concurrence of the house
of delegates.
The committee on enrolled bills having examined sundry such bills,
and finding them correctly enrolled, they have been signed by the
president of the senate, and are now communicated for further sig¬
nature.
No. 249. A senate bill entitled an act to authorize the county
court of Fluvanna county to appropriate certain funds to the uni¬
forming and equipping volunteer companies in said county, was read
the first and second times, and on motion of Mr. Nelson, read the
third time and passed.
No. 250. A senate bill entitled an act incorporating the Rock¬
bridge insurance company, was read the first and second times, and
on motion of Mr. Patterson, read the third time and passed.
No. 245. A senate bill entitled an act amending the charter of
HOUSE OF DELEGATES.
249
the town of Union in the county of Monroe, was read the first and
second times, and on motion of Mr. Chapman, read the third time
and passed.
Ordered, that the clerk inform the senate thereof.
No. 229. A senate bill entitled an act to amend the 15th section
of chapter 109 of the Code of Virginia (2d edition), was read the first
and second times, and on motion of Mr. Collier, laid on the table.
No. 214. A senate bill entitled an act in relation to printing the
Acts of Assembly, was read the first and second times, and on mo¬
tion of Mr. Haymond, laid on the table.
No. 149. A bill entitled an act authorizing the auditor of public
accounts to release the securities of defaulting sheriffs from the pay¬
ment of damages in certain cases, with the amendments proposed
thereto by the senate, was taken up, and the amendments agreed to.
No. 218. A bill entitled an act to incorporate the Virginia canal
company, and to transfer the rights and franchises of the James river
and Kanawha company thereto, with the amendments proposed
thereto by the senate, was taken up, and the amendments agreed to.
Ordered, that the clerk inform the senate thereof.
No. 274. An engrossed bill allowing compensation to the clerk of
the house of delegates and clerk of the senate for services rendered
during the present session of the general assembly, was taken up,
on motion of Mr. Cowan, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Bailey, Ball, Baskervill, Bas¬
se!, Bell, Bentley, Bisbie, Boisseau, Booker, Boreman, Brown, Burks, Cassin, Chapman,
Childs, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duckwall,
Edgington, Edwards, Evans, Ferrill, Fleming, Frost, Garrett, D. Gibson, J. T. Gibson,
J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Haymond, Hackley, Hoff¬
man, Hunter, James, Johnson, W. T. Jones, Kaufman, Keen, Kee, Kincheloe, Knote, Kyle,
Leftwich, Lockridge, Lundy, Lynn, Magruder, J. G. Martin, T. Martin, W. Martin, Massie,
Matthews, McCamant, McCue, McDowell, McGehee, McKenzie, Medley, Miles, D. Miller,
J. R. Miller, Mong, Montague, Moms, Myers, Nelson, Newton, Orgain, Patterson, Phelps,
Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Robinson,
Rives, Saunders, Seddon, Segar, Shannon, Sherrard, J. K. Smith, I. N. Smith, H. Smith,
Staples, Thomas, Thompson, Tyler, Wallace, Ward, Watts, Welch, West, Wilson, Will-
cox, Witten, Woolfolk and Yerby—115.
Noes—Messrs. Bass and Tomlin—2.
Ordered, that Mr. Cowan carry the same to the senate, and re¬
quest their concurrence.
No. 273. A bill releasing to the personal representative of A. C.
Layne the rent due under his lease for a portion of the public armory,
was taken up, on motion of Mr. Chapman, read the second time, and
ordered to be engrossed and read the third time ; and being forthwith
engrossed, two-thirds concurring, was read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Baskervill, Bass, Bassel,
Bell, Bentley, Bisbie, Boisseau, Boreman, Brown, Burks, Caperton, Carpenter, Cassin,
Chapman, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duck-
wall, Edgington, Edwards, Ferrill, Fleming, Friend, Frost, D. Gibson, J. T. Gibson, J.
Gilmer, C. H. Gilmer, Goodycoontz, Graham, Hanly, Harrison, Haymond, Hackley, Huntt,
Hunter, James, W. T. Jones, Kaufman, Keen, Kee, Kincheloe, Knote, Knotts, Kyle, Left¬
wich, Lockridge, Lundy, Magruder, J. G. Martin, T. Martin, W. Martin, Massie, Matthews,
McCamant, McCue, McDowell, McGehee, McKenzie, Medley, Miles, J. R. Miller, Mong,
Montague, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Preston, Pritchard,
Reid, Richardson, Riddick, Robertson, Rives, Saunders, Seddon, Segar, Shannon, Sherrard,
J. K. Smith, I. N. Smith, H. Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, E.
Watson, Watts, Welch, West, Wilson, Willcox, Witten, Woolfolk and Yerby—109.
32
250
JOURNAL OF THE
Mr. Christian, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 280. A bill to incorporate the Shumaker's tollbridge company
in the county of Pittsylvania; which was read the first, and ordered
to be read the second time.
Mr. Haymond, from the committee 011 finance, reported tbe fol¬
lowing bill:
No. 281. A bill to authorize the county court of Powhatan county
to correct the assessment of the lands of A. S. Wooldridge's estate;
which was read the first, and ordered to be read the second time.
Mr. Haymond, from the same committee, to whom had been re¬
ferred
No. 118. An act imposing taxes for the support of government,
with the amendments proposed thereto by the senate, reported the
same with amendments to the senate's amendments.
A message was received from the senate by Mr. Lynch, who in¬
formed the house of delegates that the senate had passed
No. 15. A senate bill entitled an act to release John W. Murrell
from the payment of a judgment rendered by the circuit court of
Lynchburg against him; in which they respectfully requested the
concurrence of the house of delegates.
A message was received from the senate by Mr. Dickinson, the
senator from Prince Edward, who informed the house of delegates
that the senate had passed house bill entitled an act to establish the
county of Bland out of parts of Giles, Wythe and Tazewell, No. 6,
with amendments; in which they respectfully requested the concur¬
rence of the house of delegates.
A message was received from the senate by Mr. Thompson, who
informed the house of delegates that the senate had agreed to a reso¬
lution to rescind the resolution fixing the time of adjournment of the
general assembly, and designating another day therefor, in which
they respectfully requested the concurrence of the house of delegates.
Mr. Hackley, from the committee on enrolled bills, presented the
following report:
The committee on enrolled bills have examined sundry other such
bills, and find them correctly enrolled.
Ordered, that the clerk communicate the same to the senate for
further examination.
On motion of Mr. McCamant,
Resolved, that the superintendent of the penitentiary furnish this
house with the amount of labor by the convicts employed on the
public square, including other expenses incident thereto: the value
of materials furnished, and labor expended in repairs and permanent
improvements to the penitentiary buildings : the number of convicts
employed in the erection of the lunatic asylum west of the Alleghany
mountains, or improving the public grounds attached to said asylum,
with a fair valuation of such labor: the number of convicts hired by
Napoleon B. French on the public works, and the amount agreed to
be paid by him for such hire : the number of such convicts employed
by Rosser & Launis, and by Robert F. & D. G. Bibb, on the Co-
HOUSE OP DELEGATES.
251
vington and Ohio rail road, and the amount agreed to be paid by
them for such hire: the number of such convicts employed by the
James river and Kanawha company on the North river improvements,
and the value of such labor: the increased value of the manufactures,
&c. of the institution of last year, over and above the amount of the
year preceding; and the value of any other work, materials or cloth¬
ing furnished under the requisitions of law for any other purpose.
No. 20. An engrossed bill authorizing a loan from the Literary
fund to the Alleghany college, was taken up, on motion of Mr.
Matthews, and read the third time; and the question being—Shall
the bill pass ? Mr. Huntt demanded the previous question; which
was sustained by the house; and being put, was decided in the
negative.
Ayes—Messrs. Alderson, Bailey, Caperton, Carpenter, Chapman, Christian, Edging-ton,
Evans, J. Gilmer, Knote, Magruder, W. Martin, Massie, Matthews, McCamant, McCue,
McDowell, Montague, Myers, Patterson. Reid, Richardson, Robertson, Saunders, Seddon,
Segar, I. N. Smith, Thomas, Tyler and Welch—30.
Noes—Messrs. Ball, Bell, Bentley, Boisseau, Booker, Boreman, Brown, Burks, Childs,
Collier, Cowan, Davis, Dickenson, Duckwall, Edwards, Ferrill, Fleming, Friend, Garrett,
J. T. Gibson, C. H. Gilmer, Goodycoontz, Harrison, Haymond, Hackley, Huntt, Hunter,
Johnson, W. T. Jones, Kaufman, Keen, Kee, Kincheloe, Knotts, Kyle, Leftwich, Lundy,
T. Martin, McGehee, McKinney, Miles, J. R. Miller, Mong, Morris, Nelson, Newton, Or-
gain, Phelps, Porter, Pretlow, Pritchard, Randolph, Robinson, Rives, Rutherfoord, J. K.
Smith, Staples, Ward, Watts, West, Wilson, Willcox, Woolfolk and Yerby—64.
No. 54. A senate bill entitled an act to stay the proceedings on
executions, trust deeds and other demands, in cases of refusal to re¬
ceive bank notes; being the unfinished business of yesterday, with
the pending amendments thereto, was taken up; and the question
being on agreeing to the amendment submitted by Mr. Duckwall
to the amendment submitted by Mr. Keen, was put, and decided in
the affirmative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Ball, Baskervill, Bass, Bassel, Bell, Bis-
bie, Boisseau, Booker, Boreman, Burks, Carpenter, Cassin, Childs, Christian, Coleman, Col¬
lier, Cowan, Crump, Dickenson, Duckwall, Edgington, Evans, Ferrill, Friend, Frost, Gar¬
rett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harri¬
son, Hackley, Huntt, Hunter, James, Johnson, W. T. Jones, Kaufman, Kee, Kincheloe,
Knote, Knotts, Kyle, Lockridge, Lucas, Magruder, W. Martin, Matthews, McCamant, Mc¬
Cue, McDowell, McGehee, McKenzie, J. R. Miller, Mong, Montague, Morris, Nelson, New¬
ton, Patterson, Randolph, Reid, Richardson, Robinson, Rutherfoord, Seddon, Segar, Shan¬
non, J. K. Smith, Thomas, Thompson, Tomlin, Tyler, E. Watson, Watts, West, Witten and
Yerby—82.
Noes—Messrs. Davis, Edwards, D.Gibson, Haymond, Keen, Leftwich, McGruder, Med¬
ley, Miles, D. Miller, Myers, Orgain, Preston, Pretlow, Riddick, Saunders, Staples, Ward,
Welch, Wilson and Willcox—20.
The hour of 2 o'clock having arrived, the chair was vacated until
o'clock.
EVENING SESSION.
No. 54. A senate bill entitled an act to stay the proceedings on
executions, trust deeds and other demands, in cases of refusal to re¬
ceive bank notes, being the unfinished business of the morning ses¬
sion, with the pending amendment thereto, was taken up; and the
252
JOURNAL OF THE
question being on agreeing to the amendment, was pnt, and decided
in the negative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Anderson, Bailey, Basse!, Booker, Boreman, Brown, Chapman, Childs,
Coleman, Cowan, Crane, Crump, Dickenson, Duckwall, Edgington, Edwards, J. T. Gib¬
son, J. Gilmer, C. H. Gilmer, Graham, Haymond, Huntt, Johnson, W. T. Jones, Kaufman,
Keen, Knotts, Kyle, Lucas, Lynn, W. Martin, McCamant, McGehee, Miles, D. Miller, J. R.
Miller, Mong, Montague, Nelson, Orgain, Preston, Pritchard, Randolph, Robinson, Segar,
Shannon, J. K. Smith, Staples, Thomas, Wallace, Ward, Watts, West and Witten—54.
Noes—Messrs. Crutchfield (speaker), Alderson, Ball, Bass, Bell, Boisseau, Burks, Car¬
penter, Christian, Collier, Davis, Ferrill, Friend, Garrett, D. Gibson, Goodycoontz, Grattan,
Hanly, Harrison, Hackley, Ilotfman, Hunter, Kemper, Knote, Leftwich, Lundy, Magruder,
Mallory, T. Martin, Massie, Matthews, McDowell, McGruder, McKenzie, Medley, Myers,
Patterson, Porter, Pretlow, Reid, Richardson, Riddick, Robertson, Rives, Saunders, Sed-
don, I. N. Smith, H. Smith, Thompson, Tomlin, Tyler, Welch, Wilson and Yerby—54.
The question being—Shall the bill pass ? Mr. Segar moved the
indefinite postponement of the bill; and the question being on
agreeing thereto, was put, and decided in the affirmative.
Mr. Seddon, from the committee on finance, presented a report in
relation to the financial condition of the penitentiary and the peni¬
tentiary store; which, on his motion, was laid on the table, and
ordered to be printed. Doc. No. 45.
No. 173. A bill incorporating the Preston and Augusta rail road
company, was taken up, on motion of Mr. Cassin, read the second
time, and ordered to be engrossed and read the third time; and being
forthwith engrossed, was read the third time and passed.
Ordered, that the clerk inform the senate thereof.
The Speaker laid before the house a communication from the
superintendent of the penitentiary, in response to a resolution;
which was laid on the table, and ordered to be printed. Doc. No. 46.
A message was received from the senate by Mr. Douglas, who
informed the house of delegates that the senate had agreed to a joint
resolution in regard to the movement of troops and arms within the
limits of this commonwealth by the federal government, heretofore
communicated to that body from the house, with amendments
thereto; in which they respectfully requested the concurrence of
the house of delegates.
On motion of Mr. Medley, the house adjourned until to-morrow,
10 o'clock.
SATURDAY, March 30, I860.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, March 29, 1861.
The senate have passed house bill entitled:
An act for the better government of the town of Danville, No.
165.
HOUSE OF DELEGATES.
253
And they have passed with amendments house bills entitled:
An act to incorporate the Home savings bank of the city of Rich¬
mond, No. 206.
An act absolving the state and treasurer from all liability in case
of loss of coupon bonds deposited as security for bank circulation,
unless the said coupons be converted into registered stock, and pro¬
hibiting coupon bonds from being received in future as such security,
No. 154.
They have also passed senate bills entitled:
An act for the incorporation of the Kanawha salt company, No.
159.
An act to authorize the formation of a battalion of two companies
in the towns of Scottsville and Howardsville in the county of Albe¬
marle, No. 157.
They have agreed to the amendments proposed by the house of
delegates to senate bill entitled :
An act to incorporate the American agency, No. 84.
^ In which bills they respectfully request the concurrence of the
house of delegates.
No. 206. An act to incorporate the Home savings bank of the
city of Richmond, with the amendment proposed by the senate, was
taken up, and the amendment agreed to.
No. 154. An act entitled an act absolving the state and treasurer
from all liability in case of loss of coupon bonds deposited as secu¬
rity for bank circulation, unless the said coupons are converted into
registered stock, and prohibiting coupon bonds from being received
in future as such security, with the' amendments proposed thereto by
the senate, was taken up, and the amendments concurred in.
No. 159. A senate bill entitled an act for the incorporation of the
Kanawha salt company, was read the first and second times, and on
motion of Mr. Welch, read the third time and passed.
No. 157. A senate bill entitled an act to authorize the formation
of a battalion of two companies in the towns of Scottsville and How¬
ardsville in the county of Albemarle, was read the first and second
times, and on motion of Mr. Magruder, read the third time and
passed.
Ordered, that the clerk inform the senate thereof.
No. 15. A senate bill entitled an act to release John W. Murrell
from the payment of a judgment rendered by the circuit court of
Lynchburg against him, was read the first and second times, and on
motion of Mr. Davjs, read the third time and passed.
Ayes—Messrs. Crutehfield (speaker), Alderson, Anderson, Ball, Baskervill, Bass, Bois-
seau, Brown, Burks, Cassin, Chapman, Childs, Christian, Coleman, Collier, Cowan, Crane,
Crump,Davis, Edgington, Evans, Ferrill, Fleming, Frost, Garrett, D.Gibson, J.T.Gibson,
J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond,
Hackley, Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kee, Kemper, Kincheloe, Knote,
Knotts, Leftwicli, Lucas, Lundy, Magruder, T. Martin, Massie, Matthews, McCamant,
McCue, McDowell, McKenzie, Miles, D. Miller, J. R. Miller, Mong, Montague, Moms,
Myers, Nelson, Newton, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph,
Reid, Richardson, Riddick, Robertson, Saunders, Seddon, Segar, Shannon, Sherrard, J. K.
Smith, H. Smith, Staples, Thomas, Thompson, Tyler, Ward, Watts, Welch, West, Wilson,
Willcox, Witten, Woolfolk and Yerby—97.
Noes—Messrs. Huntt, Kyle, Mallory, McGehee, Orgain, Rives, Tomlin and Wallace—8.
254
JOURNAL, OF THE
No. 69. A bill entitled an act to establish the county of Bland
out of parts of Giles, Wythe and Tazewell, with the amendments
proposed thereto by the senate, was taken up, and the amendments
agreed to.
Ordered, that the clerk inform the senate thereof.
A resolution to rescind the resolution fixing the time of adjourn¬
ment of the general assembly, and designating another day, commu¬
nicated from the senate, was taken up.
Mr. McKenzie moved the indefinite postponement of the resolu¬
tion ; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
On motion of Mr. McKenzie, the vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Bassel, Bell, Boreman, Brown, Cowan, Crane, Dickenson,
Evans, Ferrill, Friend, Frost, Garrett, D. Gibson, C. H. Gilmer, Goodycoontz, Hackley,
Hoffman, Huntt, Hunter, Keen, Kincheloe, Knotts, Kyle, Leftwich, Lundy, Mallory, T.
Martin, McGebee, McKenzie, Medley, Miles, Mong, Montague, Morris, Newton, Patterson,
Phelps, Porter, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robinson, Rives,
Shannon, Sherrard, J. K. SmitS, I. N. Smith, Staples, Thompson, Toinlin, Ward, Watts,
Welch, West, Wilson, Woolfolk and Yerby—62.
Noes—Messrs. Crutchfield (speaker), Anderson, Baskervill, Bass, Bishie, Boisseau,
Booker, Burks, Carpenter, Cassin, Chapman, Childs, Christian, Coleman, Collier, Crump,
Davis, Duckwall, Edgington, Fleming, J. T.Gibson, J. Gilmer, Grattan, Hanly, Harrison,
Haymond, Johnson, W. T. Jones, Kaufman, Kee, Kemper, Knote, Massie, Matthews,
McCamant, McCue, McDowell, D. Miller, J. R. Miller, Myers, Nelson, Orgain, Robertson,
Saunders, Seddon, Segar, H. Smith, Thomas, Tyler, Wallace, Willcox and Witten—53.
A message was received from the senate by Mr. Carter, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to allow the claims of the officers of the Hillsborough
border guard of Loudoun county, No. 24-3 : in which they respect¬
fully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Thompson, who
informed the house of delegates that the senate had passed a bill en¬
titled an act for the relief of Thomas W. Scott of Dinwiddie county,
No. 83 : in which they respectfully requested the concurrence of the
house of delegates.
A message was received from the senate by Mr. Lynch, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act for the relief of E. M. Eubank, commissioner of the
revenue for the city of Lynchburg, No. 224: in which they respect¬
fully requested the concurrence of the house of delegates.
The Speaker announced the following members as added to the
committee on enrolled bills : Messrs. Lockridge, Alderson, Patterson,
Dickenson, Hanly, David Miller, Coleman, Matthews, Morris, John
Gilmer, Leftwich, Gibson of Jefferson, Johnson, Kaufman and Ran¬
dolph.
A joint resolution in regard to the movement of troops and arms
within the limits of this commonwealth by the general government,
with the amendments proposed thereto by the senate, was taken up.
Mr. Collier submitted an amendment to the senate's amendment;
and the question being on agreeing thereto, Mr. Cowan moved the
indefinite postponement of the whole subject; and the question being
on agreeing thereto, Mr. Cowan demanded the previous question;
HOUSE OF DELEGATES.
255
and the question "being—Shall the main question he now put ? was
put and decided in the negative.
On motion of Mr. Kemper, the vote was recorded as follows:
Ayes—Messrs. Alderson, Ball, Bisbie, Booker, Boreman, Brown, Cassin, Cowan, Crane,
Dickenson, Edgington, Ferrill, Fleming, Frost, D. Gibson, Goodycoontz, Hanly, Harrison,
Haymond, Hackley, Kee, Knotts, Mallory, Matthews, McCue, McKenzie, D. Miller, Morris,
Patterson, Phelps, Porter, Pretlow, Pritchard, Randolph, Reid, Richardson, Segar, Sherrard,
J. K. Smith, I. N. Smith, Thompson, Watts, Welch, West and Yerby—55.
Noes—Messrs. Crutchfield (speaker), Anderson, Baskervill, Bass, Bassel, Bell, Boisseau,
Burks, Carpenter, Childs, Coleman, Collier, Crump, Davis, Evans, Friend, Garrett, J. T.
Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Huntt, Hunter, Johnson, W. T. Jones,
Kauftnan, Kemper, Kincheloe, Knote, Kyle, Leftwich, Lucas, Lundy, Magruder, T. Mar¬
tin, Massie, McCamant, McDowell, McGehee, Medley, Miles, J. R. Miller, Mong, Montague,
Myers, Newton, Orgain, Riddiclt, Robertson, Robinson, Rives, Saunders, Seddon, Shannon,
H. Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, Wilson, Willcox and Wool-
folk—64.
Pending the consideration of the question of the indefinite post¬
ponement of the resolutions, Mr. Seddon moved that the chair be
vacated for the purpose of allowing the Speaker to sign enrolled
bills; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
The chair was then vacated until o'clock.
EVENING SESSION.
No. 113. A senate hill entitled an act establishing a branch bank
at the town of Jeffersonville in the county of Tazewell, was taken
up, on motion of Mr. Witten, read the third time and passed.
No. 229. A senate bill entitled an act to amend the 15th section
of chapter 109 of the Code of Virginia, second edition, was taken
up, on motion of Mr. Magruder, read the third time and passed.
No. 153. A senate bill entitled an act directing the payment of
certain interest to Emmet J. O'Brien, was taken up, on motion of
Mr. Johnson, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Bass, Bassel, Bell,
Boreman, Brown, Carpenter, Cassin, Childs, Christian, Claiborne, Collier, Cowan, Crane,
Crump, Dickenson, Edgington, Evans, Fleming, Friend, Frost, Garrett, J. Gilmer, C. H.
Gilmer, Graham, Grattan, Harrison, Haymond, Hackley, Huntt, Hunter, Johnson, W. T.
Jones, Kaufman, Keen, Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lucas, Lundy,
Magruder, Mallory, Massie, Matthews, McCamant, McCue, McDowell, McKenzie, Medley,
Miles, J. R. Miller, Mong, Montague, Morris, Myers, Nelson, Patterson, Phelps, Porter,
Preston, Randolph, Reid, Richardson, Riddick, Robertson, Robinson, Rives, Segar, Shan¬
non, Sherrard, J. K. Smith, H. Smith, Staples, Thomas, Thompson, Tomlin, Tyler, Wallace,
Ward, Watts, Welch, West, Wilson, Witten and Woolfollc—91.
No—Mr. Goodycoontz—1.
Ordered, that the clerk inform the senate thereof.
No. 276. An engrossed bill appointing superintendents of the
Staunton and Parkersburg turnpike road, was taken up, on motion
of Mr. Fleming.
Mr. Fleming submitted a ryder thereto ; which was read the first
and second times, and ordered to be engrossed and read the third time.
The bill was then read the third time and passed.
Ordered, that Mr. Fleming carry the same to the senate, and re¬
quest their concurrence.
256
JOURNAL OF THE
No. 158. A bill for the relief of J. J. Spaulding, was taken up,
on motion of Mr. Rives, read the second time, and ordered to be en¬
grossed and read the third time; and being forthwith engrossed, two-
thirds concurring, was read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Bass, Bassel, Bell, Bore-
man, Brown, Burks, Carpenter, Childs, Christian, Claiborne, Coleman, Collier, Cowan,
Crump, Davis, Dickenson, Ferrill, Fleming, Friend, Frost, Garrett, J. Gilmer, C. H. Gil¬
mer, Goodyeoontz, Graham, Grattan, Harrison, Haymond, Hunter, Johnson, W. T. Jones,
Kaufman, Keen, Kemper, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lucas, Lundy,
Magruder, Mallory, Massie, Matthews, McCamant, McCue, McGehee, McKenzie, Medley,
Miles, J. R. Miller, Mong, Montgomery, Morris, Myers, Nelson, Newton, Orgain, Patterson,
Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robert¬
son, Robinson, Rives, Scott, Segar, Shannon, J. K. Smith, H. Smith, Thomas, Thompson,
Tomlin, Tyler, Wallace, Ward, Watts, West, Wilson, Witten, Woolfolk and Yerby—93.
Ordered, that Mr. Rives carry the same to the senate, and request
their concurrence.
A message was received from the senate by Mr. Johnson, who in¬
formed the house of delegates that the senate had agreed to the joint
resolutions in relation to a line of steamers, and to the amendments
proposed by the house to senate bill No. 142, entitled an act for the
relief of the Orange and Alexandria rail road company, and senate
bill No. 61, entitled an act to amend and re-enact the Lst and 30th
sections of an act entitled an act to incorporate a company to con¬
struct, on the plan of James S. French, a rail road between Alexan¬
dria and Washington, passed February 27th, 1854; and have passed
the following house bills : an act releasing to the personal represen¬
tative of A. C. Layne the rent due under his lease for a portion of
the public armory, No. 273; an act allowing compensation to the
clerk of the house of delegates and clerk of the senate for services
rendered during the present session of the general assembly, No.
274; an act to incorporate the Preston and Augusta rail road com¬
pany, No. 173 ; and an act for the relief of Nathaniel B. Harvey,
No. 23.
A message was received from the senate by Mr. Brannon, who
informed the house of delegates that the senate had passed house
bill No. 197, entitled an act making appropriations for deficiency in
former appropriations, and for defraying expenses of the general as¬
sembly and convention now in session, with amendments : in which
they respectfully requested the concurrence of the house of dele¬
gates.
A joint resolution in regard to the movement of troops and arms
within the limits of this commonwealth by the general government,
with the amendments proposed thereto by the senate, being the un¬
finished business of the morning session, was taken up ; and the
question being on the indefinite postponement of the resolutions, Mr.
McDowell moved the previous question; which was sustained by
the house ; and being put, was decided in the negative.
On motion of Mr. McDowell, the vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Boreman, Brown, Cassin, Cowan, Crane, Dickenson,
Edgington, Ferrill, Fleming, Frost, D. Gibson, Goodyeoontz, Harrison, Haymond, Hack-
ley, Keen, Knotts, Leftwich, Massie, Matthews, McCue, McKenzie, D. Miller, Morris, Pat¬
terson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Segar,
Sherrard, J. K. Smith, I. N. Smith, Staples, Thompson, Watts and Welch—43.
HOUSE OF DELEGATES.
257
Noes—Messrs. Crutchfield (speaker), Anderson, Barbour, Bass, Bassel, Bell, Burks,
Carpenter, Childs, Coleman, Collier, Crump, Davis, Duckwall, Evans, Friend, Garrett, J.
T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Huntt, Hunter, Johnson, W. T.
Jones, Kaufman. Kemper, Kincheloe, Kyle, Lucas, Lundy, Mag-ruder, Mallory, McCamant,
McDowell, McGehee, McGruder, Miles, J. R. Miller, Mong, Montague, Myers, Nelson,
Newton, Orgain, Riddick, Robertson, Robinson, Rives, Seddon, Shannon, H. Smith, Tho¬
mas, Tomlin, Wallace, Ward, West, Wilson, Woolfolk and Yerby—61.
The question recurring on the amendment submitted by Mr. Col¬
lier, which is as follows—"Add to the first resolution, after the
word directed, 'in case of the actual attempt of the federal authorities
to transport said guns over the soil of Virginia'"—Mr. McDowell
demanded the previous question; which was sustained by the house ;
and being put, was decided in the affirmative.
Mr. Collier moved further to amend the resolutions of the senate,
by striking out that portion of the first resolution by which the
governor was authorized to order out such portion of the militia of
the state as he may deem necessary; and the question being on
agreeing thereto—pending the consideration of which,
Mr. Phelps moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative.
On motion of Mr. Kemper, the vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Bass, Boreman, Brown, Cowan, Crane, Cramp, Davis,
Dickenson, Edgington, Ferrill, Fleming, Frost, D. Gibson, J. Gilmer, Goodycoontz, Harri¬
son, Hackley, Huntt, Keen, Knotts, Leftwich, Massie, McCue, McKenzie, Miles, D. Miller,
Morris, Patterson, Phelps, Porter, Pretlow, Randolph, Reid, Richardson, Riddick, Sherrard,
I.N. Smith, Thompson and Watts—42.
Noes—Messrs. Crutchfield (speaker), Anderson, Barbour, Bassel, Bell, Burks, Carpen¬
ter, Chapman, Childs, Christian, Coleman, Collier, Duckwall, Evans, Friend, Garrett, J. T.
Gibson, C. H. Gilmer, Graham, Grattan, Haymond, Hunter, Johnson, W. T. Jones, Kauf¬
man, Kemper, Kincheloe, Lundy, Magruder, Mallory, Matthews, McCamant, McDowell,
McGehee, McGruder, J. R. Miller, Mong, Montague, Myers, Nelson, Newton, Orgain,
Pritchard, Robertson, Robinson, Rives, Seddon, Shannon, J. K. Smith, H. Smith, Thomas,
Tomlin, Wallace, Ward, Welch, West, Wilson, Witten, Woolfolk and Yerby—62.
Pending the further discussion of the amendment,
Mr. Pretlow moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative.
On motion of Mr. Kemper, the vote was recorded as follows:
Ayes—Messrs. Alderson, Ball, Bisbie, Boreman, Christian, Cowan, Crane, Dickenson,
Edgington, Ferrill, Fleming, Frost, D. Gibson, J. Gilmer, Goodycoontz, Hackley, Huntt,
Keen, Knotts, Matthews, McCue, McKenzie, D. Miller, Morris, Myers, Patterson, Phelps,
Porter, Preston, Pretlow, Randolph, Reid, Richardson, Segar, Sherrard, I. N. Smith, Sta¬
ples, Thompson, Watts and West—42.
Noes—Messrs. Crutchfield (speaker), Anderson, Bass, Bassel, Bell, Carpenter, Chap¬
man, Childs, Coleman, Collier, Duckwall, Evans, Friend, Garrett, J. T. Gibson, C. H.
Gilmer, Graham, Grattan, Haymond, Hunter, Johnson, W. T. Jones, Kaufman, Kemper,
Kincheloe, Kyle, Lucas, Lundy, Magruder, Mallory, McCamant, McDowell, McGehee, Mc¬
Gruder, J. R. Miller, Mong, Montague, Nelson, Newton, Orgain, Pritchard, Riddick, Ro¬
bertson. Robinson, Rives, Seddon, Shannon, J. K. Smith, H. Smith, Thomas, Tomlin, Wal¬
lace, Ward, Wilson, Witten, Woolfolk and Yerby—57.
Pending the further discussion of the amendment, Mr. Keen ad¬
dressing the house,
Mr. Kemper rose to a point of order, in the form of the following
resolution:
Resolved, that the member from Pittsylvania (Mr. Keen) having
persisted in irrelevant remarks, after having been repeatedly declared
to be out of order, and it appearing to the house that his object is to
consume time, he is required to take his seat, and surrender the floor.
33
258 JOURNAL OP THE
The Chair decided that the point of order was badly taken, and
that the member from Pittsylvania was in order.
From that decision Mr. Kemper appealed; and the question be¬
ing—Shall the decision of the Chair stand as the judgment of the
house ? the roll was called, with the following result—Ayes 26,
noes 4-5.
It appearing that no quorum voted, Mr. Collier demanded a call
of the house ; which was sustained by the house.
The roll was then called the first and second times, and the fol¬
lowing members noted as absent:
Messrs. Allen, Arnold, Bailey, Ball, Ballard, Barbour, Baskervill, Bentley, Boisseau,
Booker, Burks, Caperton, Carter, Cassin, Claiborne, Crump, Davis, Dickenson, Edgington,
Edwards, Ferguson, Fleming, Frost, D. Gibson, Goodycoontz, Hackley, Hoffman, Hold-
way, Hunter, James, Jett, C. H. Jones, Kee, Knote, Leftwich, Locke, Lockridge, Lynn,
J. G. Martin, T. Martin, W. Martin, Massie, Matthews, Maupin, McCue, McKinney,
McKenzie, Medley, Miles, Montague, Montgomery, Morgan, Morris, Patterson, Preston,
Reid, Riddick, Rutherfoord, Saunders, Scott, Shannon, Sherrard, Sibert, I. N. Smith,
Walker, Ward, A. Watson, E. Watson, Watts, Welch, Willcox, Wingfield and Wood.
It appearing that only seventy-seven members had answered to
their names, including the Speaker and the member from Pittsyl¬
vania (who were not permitted under the rules to vote on the pend¬
ing question), the doors were closed by order of the Speaker.
The roll was again called, and the following members found
absent:
Messrs. Ball, Baskervill, Booker, Cassin, Claiborne, Crump, Dickenson, Fleming, D.
Gibson, Goodycoontz, Hackley, Hoffman, Hunter, James, Leftwich, Lockridge, T. Martin,
W. Martin, Matthews, McKenzie, Medley, Miles, Montague, Patterson, Preston, Reid,
Riddick, Segar, Shannon, Sherrard, I. N. Smith, Ward, Watts and Welch.
Pending the further proceedings under the call, Mr. Pretlow
moved an adjournment; and the question being on agreeing thereto,
was put, and decided in the negative.
On motion of Mr. Kemper, the vote was recorded as follows:
Ayes—Messrs. Alderson, Bisbie, Boreman, Christian, Crane, Frost, J. Gilmer, C. H.
Gilmer, Hanly, Harrison, Haymond, Johnson, Keen, Knotts, McCue, D. Miller, Myers,
Porter, Pritchard, Randolph, Richardson, Robertson, Robinson, Staples, West and
Yerby—26.
Noes—Messrs. Crutchfield (speaker), Anderson, Bass, Bassel, Bell, Brown, Carpenter,
Chapman, Childs, Coleman, Collier, Cowan, Duckwall, Evans, Ferrill, Friend, Garrett,
J. T. Gibson, Graham, Grattan, Huntt, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle,
Lucas, Lundy, Magruder, Mallory, McCamant, McDowell, McGehee, McGruder, J. R.
Miller, Mong, Nelsoxr, Newton, Orgain, Phelps, Rives, Seddon, J. K. Smith, H. Smith,
Thomas, Tomlin, Tyler, Wallace, Wilson, Witten and Woolfolk—51.
On motions severally made, the following members were excused
for non-attendance:
Messrs. Allen, Arnold, Bailey, Ballard, Barbour, Bentley, Boisseau,
Burks, Caperton, Carter, Davis, Edgington, Edwards, Ferguson,
Holdway, Jett, Crawford H. Jones, Kee, Knote, Locke, Lynn, J. Gr.
Martin, Massie, Maupin, McKinney, Montgomery, Morgan, Morris,
Rutherfoord, Saunders, Scott, Sibert, Walker, Arthur Watson, Edwin
Watson, Willcox, Wingfield and Wood.
The third calling of the roll having been completed, and it ap¬
pearing that only seventy-seven members answered to their names,
including the Speaker and the member from Pittsylvania (wTho were
HOUSE OF DELEGATES.
259
not permitted under the rules to vote on the pending question), Mr.
Magruder moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative..
On motion of Mr. Mallory, the vote was recorded follows:
Ayes—Messrs. Altlerson, Bisbie, Boreman, Brown, Christian, Cowan, Crane, Ferrill,
Frost, J. Gilmer, C. H. Gilmer, Hanly, Harrison, Huntt, Johnson, Keen, Knotts, Magru¬
der, McCue, D. Miller, Myers, Phelps, Porter, Pritchard, Randolph, Richardson, Robert¬
son, Robinson, Staples, West and Yerby—31.
Noes—Messrs. Crutchfield (speaker), Anderson, Bass, Bassel, Bell, Carpenter, Chap¬
man, Childs, Coleman, Collier, Duckwall, Evans, Friend, Garrett, J. T. Gibson, Graham,
Grattan, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Lucas, Lundy, Mallory, Mc-
Camant, McDowell, McGehee, McGruder, J. R. Miller, Mong, Nelson, Newton. Orgain,
Rives, Seddon, H. Smith, Thomas, Tomlin, Tyler, Wallace, Wilson, Witten and Wool-
folk—44.
The sergeant at arms was then directed by the Chair to summon
absent members.
A quorum appearing, Mr. Cowan moved that further proceedings
under the call be dispensed with; and the question being on agree¬
ing thereto, was put, and decided in the affirmative.
The question then recurred upon the appeal taken from the de¬
cision of the Chair ; and the question being—Shall the decision of
the Chair stand as the judgment of the house ? was put, and decided
in the negative.
On motion of Mr. Kemper, the vote was recorded as follows:
Ayes—Messrs. Alderson, Bisbie, Boreman, Brown, Christian, Cowan, Crane, Crump,
Dickenson, Ferrill, Fleming, J. Gilmer, Hanly, Harrison, Johnson, Knotts, Lucas, Magru¬
der, T. Martin, McCue, D. Miller, Myers, Nelson, Patterson, Phelps, Porter, Pretlow, Rich¬
ardson, Riddick, Robertson, Rives, Shannon, Staples, Tomlin, Tyler, West and Yerby—37.
Noes—Messrs. Anderson, Bass, Bassel, Bell, Carpenter, Chapman, Childs, Coleman,
Collier, Duckwall, Evans, Friend, Garrett, J. T. Gibson, C. H. Gilmer, Graham, Grattan,
Huntt, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Lundy, Mallory, McCamant,
McDowell, McGehee, McGruder, J. R. Miller, Mong, Newton, Orgain, Pritchard, Randolph,
Robinson, Seddon, J. K. Smith, H. Smith, Thomas, Wallace, Wilson, Witten and Wool-
folk—44.
The question recurring upon the amendment submitted by Mr.
Collier, Mr. McDowell demanded the previous question; which
was sustained by the house; and being put, wxas decided in the
affirmative.
Mr. Yerby submitted the following amendment to the senate's
amendment, as amended:
" Whereas the people of Virginia are now openly in convention,
considering whether they shall resume the powers granted by them
under the constitution of the United States, and are decided in opinion
that the exercise of that right should not, in the present state of the
country, be sought to be controlled or followed by a resort to force,
and the failure of the president of the United States, fully to explain
his intended policy in this respect, gives just cause for distrust: and
whereas it is known that the order to remove certain pieces of ord¬
nance from the city of Richmond or its vicinity to fortress Monroe,
has caused much excitement in the popular mind, which may end in
acts of violence on the attempt to remove said guns: and whereas a
proper respect to this commonwealth demands that no movement of
arms or armaments or of troops by the authorities of the general
government within its limits, should be ordered or permitted at this
260 JOURNAL OF THE
time by said authorities, and could not occur without seriously
hazarding the pulotic peace : Therefore,
" Be it resolved by the general assembly of Virginia, that in the
event of any attempt to remove the ordnance aforesaid to fortress
Monroe, the governor of this commonwealth shall guard the public
peace, by taking said guns into the charge and keeping of the au¬
thorities of the state, and retaining the same until proper representa¬
tions shall be made to the authorities of the general government,
and answer thereto shall be received and submitted to the general
assembly. And the governor is requested to communicate a copy of
this resolution to the president of the United States, and to ask his
response thereto.
" Resolved, that should it be necessary for the governor to take
possession of the said guns, he shall cause to be paid, out of the
money heretofore appropriated, at this session of the general assembly,
for the purchase of arms, any sums that may be still due to Dr.
Archer on account of said guns, and also to make payment to the
general government of any sums heretofore paid said Archer for said
guns."
And the question being on agreeing thereto, Mr. Phelps moved
an adjournment; and the question being on agreeing thereto, was
put, and decided in the negative.
On motion of Mr. McDowell, the vote was recorded as follows:
Ayes—Messrs. Alderson, Boreman, Brown, Christian, Cowan, Crane, Dickenson, Fer-
rill, C. H. Gilmer, Hanly, Harrison, Huntt, Johnson, Kaufman, Keen, Kincheloe, Knotts,
Magruder, T. Martin, Myers, Nelson, Patterson, Phelps, Porter, Pritchard, Randolph,
Richardson, J. K. Smith, Staples and Yerby—30.
Noes—Messrs. Crutchfield (speaker), Anderson, Bass, Bassel, Bell, Carpenter, Chap¬
man, Childs, Coleman, Collier, Evans, Friend, Garrett, Graham, Grattan, W. T. Jones,
Kemper, Kyle, Lucas, Lundy, Mallory, McCamant, McDowell, McGehee, McGruder, J..R.
Miller, Mong, Newton, Orgain, Robinson, Rives, Seddon, H. Smith, Thomas, Tomlin,
Tyler, Wallace, Wilson, Witten and Woolfolk—40.
The question recurring upon agreeing to the amendment submitted
by Mr. Yerby, Mr. McDowell demanded the previous question;
which was sustained by the house; and being put, was decided in
the negative.
On motion of Mr. Rives, the vote was recorded as follows:
Ayes—Messrs. Alderson, Bisbie, Boreman, Brown, Chapman, Cowan, Crane, Dickenson,
C. H. Gilmer, Hanly, Harrison, Huntt, Knotts, D. Miller, Myers, Nelson, Patterson, Phelps,
Porter, Preston, Pritchard, Randolph, Richardson, Robertson, Shannon, J. K. Smith, Sta¬
ples, West and Yerby—29.
Noes—Messrs. Crutchfield (speaker), Anderson, Bass, Bassel, Bell, Carpenter, Childs,
Christian, Coleman, Collier, Crump, Duckwall, Evans, Friend, Garrett, J. T. Gibson, J.
Gilmer, Graham, Grattan, Johnson, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle,
Lucas, Lundy, Magruder, Mallory, T. Martin, McCamant, McDowell, McGehee, McGruder,
J. R. Miller, Mong, Newton, Orgain, Pretlow, Robinson, Rives, Seddon, H. Smith, Thomas,
Tomlin, Tyler, Wallace, Wilson, Witten and Woolfolk—50.
The question being on agreeing to the senate's amendments to the
resolutions as amended, Mr. Wilson demanded the previous question ;
which was sustained by the house; and being put, was decided in
the affirmative.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Bass, Bassel, Bell, Carpenter, Childs,
HOUSE OF DELEGATES.
261
Coleman, Collier, Cramp, Duckwall, Evans, Friend, Garrett, J. T. Gibson, Graham, Grat-
tan, Huntt, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Lucas, Lundy, Magruder,
Mallory, T. Martin, McCamant, McDowell, McGehee, McGrader, J. K. Miller, Mong, New¬
ton, Orgain, Robinson, Rives, Seddon, H. Smith, Thomas, Tomlin, Wallace, Wilson, Witten
and Woolfolk—45.
Noes—Messrs. Alderson, Bisbie, Boreman, Brown, Chapman, Christian, Cowan, Crane,
Dickenson, Ferrill, J. Gilmer, C. H. Gilmer, Hanly, Harrison, Johnson, Knotts, D. Miller,
Myers, Nelson, Patterson, Phelps, Porter, Preston, Pritchard, Randolph, Richardson, Ro¬
bertson, J. K. Smith, Staples, West and Yerby—32.
The preamble and resolutions as amended are as follows:
" Whereas the people of Virginia, in convention assembled, are
now deliberating as to their future relations with the government
at Washington, D. C., and the non-slaveholding states of the con¬
federacy, known as the United States of North America : and whereas
the general assembly of Virginia at present sitting and the governor
of this commonwealth have declared their opposition to the exercise
of force against the slaveholding seceding states, and to the organiza¬
tion in, or the marching through our territory of military expeditions
for that purpose : and whereas, in the present unsettled condition of
our inter-state and federal relations, it is the highest obligation of duty
on all public functionaries to watch vigilantly, and prevent or thwart
every hostile movement either against the seceded states or those
that may be supposed to sympathize with them : and whereas it has
come to the knowledge of this legislature that a large number of
heavy guns manufactured at Bellona foundry near the capital of Vir¬
ginia, under an order of the ordnance department at Washington, D.
C., have been ordered to fortress Monroe, where they can only be
needed for the purpose of intimidation and menace to Virginia, and
present aid of actual hostilities in a certain contingency that may
change her future relations to the federal government, and the anti-
slavery sentiment it represents:
Be it therefore resolved by the general assembly, that the governor
of this commonwealth is hereby directed, in case of the actual at¬
tempt of the federal authorities to transport said guns over the soil
of Virginia, to seize and detain said guns for the use of this common¬
wealth ; and to that end, to order out the public guard to arrest the
contemplated removal of the guns beyond the reach and control of
the government of this state.
Resolved, that the governor be and he is hereby authorized and re¬
quired, out of the money appropriated for the purchase of arms, at
the present session of the general assembly, by an act passed on the
29th day of January 1861, entitled an act appropriating one million
of dollars for the defence of the commonwealth, to pay to Dr. Junius
L. Archer the amount due him, of seven thousand eight hundred and
seventy-two dollars and forty-seven cents on his contract for the
manufacture of said guns, and to the government at Washington the
sum of thirteen thousand and twenty-four dollars, which said govern¬
ment has paid to said Archer on account of his said contract; and
the governor shall require the superintendent of the armory at Rich¬
mond to take possession of said guns, and deposit them therein for
safe keeping."
On motion of Mr. McDowell, the house adjourned until Monday,
10 o'clock.
262
JOURNAL OF THE
MONDAY, April 1, 1861.
A communication from the senate, by their clerk, was read as
follows :
In Senate, March 30, 1861.
The senate have passed house bill entitled:
An act to amend and re-enact the 4-5tli section of chapter 85 of
the Code of 1849, No. 238, with amendments.
In which they respectfully request the concurrence of the house
of delegates.
No. 238. An act to amend and re-enact the 45th section of chap¬
ter 85 of the Code of 1849, with the amendments proposed by the
senate thereto, was taken up, and the amendments of the senate
agreed to.
Ordered, that the clerk inform the senate thereof.
No. 224. A senate bill entitled an act for the relief of E. N.
Eubank, commissioner of the revenue for the city of Lynchburg,
was read the first and second times, and on motion of Mr. Davis,
read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Baskervill, Bassel, Bell,
Bisbie, Boisseau, Boreman, Brown, Burks, Carpenter, Chapman, Childs, Christian, Cole¬
man, Collier, Crane, Crump, Davis, Dickenson, Duckwall, Friend, Frost, Garrett, D. Gib¬
son, J. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley,
Huntt, Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kee, Kemper, Kincheloe, Knote,
Knotts, Kyle, Leftwich, Lucas, Lundy, Magruder, Mallory, T. Martin, Massie, Matthews,
McCamant, McCue, McDowell, McGehee, McKenzie, Miles, J. E. Miller, Mong, Montague,
Morris, Myers, Newton, Patterson, Phelps, Preston, Pretlow, Pritchard, Randolph, Rich¬
ardson, Riddick, Robertson, Robinson, Rives, Saunders, Segar, Shannon, J. K. Smith, H.
Smith, Staples, Thomas, Thompson, Tyler, Wallace, Welch, Willcox, Witten, Woolfolk and
Yerby—93.
Noes—Messrs. Bass and Orgain—2.
No. 243. A senate bill entitled an act to allow the claims of the
officers of the Hillsborough border guard of Loudoun county, was
read the first and second timeg, and on motion of Mr. Ball, read the
third time; and the question being—Shall the bill pass ? the roll
was called, with the following result:
Ayes—Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Bassel, Boreman, Chap¬
man, Crump, Davis, Duckwall, Frost, D. Gibson, J. T. Gibson, Graham, Hanly, Kaufman,
Keen, Kincheloe, Leftwich, Matthews, McCue, Pretlow, Reid, Rives, Sherrard, Staples,
Thomas, Ward and Welch—29.
Noes—Messrs. Bass, Boisseau, Brown, Christian, Collier, Cowan, Fleming, Friend, C.
H. Gilmer, Goodycoontz, Harrison, Haymond, Hackley, Huntt, Hunter, Johnson, W. T.
Jones, Kee, Kemper, Knotts, Kyle, Lucas, Mallory, T. Martin, McCamant, McDowell, Mc¬
Gehee, McKenzie, Medley, Miles, D. Miller, J. R. Miller, Mong, Montague, Myers, Newton,
Orgain, Phelps, Porter, Pretlow, Pritchard, Richardson, Saunders, Seddon, Segar, Shannon,
J. K. Smith, H. Smith, Thompson, Wallace, Wilson, Willcox and Woolfolk—53.
No. 83. A senate bill entitled an act for the relief of Thomas W.
Scott, sheriff of Dinwiddie county, was read the first and second
times, and on motion of Mr. Boisseau, read the third time and
passed.
Ayes—Messrs. Crutchfield (speaker), Anderson, Ball, Bass, Bassel, Bell, Bisbie, Bois¬
seau, Boreman, Burks, Carpenter, Chapman, Childs, Christian, Coleman, Collier, Cowan,
Crump, Davis, Dickenson, Duckwall, Fleming, Friend, Frost, Garrett, D. Gibson, J. T.
Gibson, J. Gilmer, Graham, Grattan, Hanly, Harrison, Haymond, Hackley, Hunter, John-
HOUSE OF DELEGATES.
263
soil, W. T. Jones, Kaufman, Keen, Kee, Kemper, Kincheloe, Knote, Kyle, Leftwicb, Lundy,
Magruder, Mallory, T. Martin, Massie, Matthews, McCamant, McCue, McDowell, McGe-
hee, McKenzie, Medley, D. Miller, Montague, Moms, Myers, Nelson, Newton, Orgain, Pat¬
terson, Phelps, Porter, Preston, Pritchard, Reid, Richardson, Riddick, Robertson, Robinson,
Rives, Saunders, Shannon, J. K. Smith, H. Smith, Staples, Thomas, Thompson, Tyler,
Ward, Watts, Welch, Willcox, Witten, Woolfolk and Yerby—90.
Noes—Messrs. C. H. Gilmer, Goodycoontz and Miles—3.
No. 197. An act making appropriations for deficiency in former
appropriations, and for defraying expenses of the general assembly
and convention now in session, with the amendments proposed by
the senate thereto, was taken up, and the amendments concurred in.
Ordered, that Mr. Gibson of Hampshire inform the senate thereof.
A message was received from the senate by Mr. Smith, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act for the partial suspension of the sale of state bonds,
and to provide for complying with contracts already made upon the
Covington and Ohio rail road, with amendments : in which they re¬
spectfully request the concurrence of the house of delegates.
No. 118. An act imposing taxes for the support of government,
with the amendments proposed thereto by the senate, was taken up.
Pending the consideration of the bill and amendments, Mr. Hay-
mond moved to pass by the bill for the purpose of considering the
question of reconsidering the vote indefinitely postponing the reso¬
lution from the senate rescinding the resolution fixing this day as the
day of a final adjournment of the general assembly; and the ques¬
tion being on agreeing thereto, Mr. Duckwall demanded the pre¬
vious question; which was sustained by the house-; and being put,
was decided in the affirmative.
Mr. Mallory moved a suspension of the rule, with the view of re¬
considering the vote aforesaid; and the question being on agreeing
thereto, was put, and decided in the affirmative.
The question being on agreeing to the resolution from the senate
fixing the 4th day of April as the day for the adjournment of the
general assembly, Mr. Carpenter demanded the previous question ;
which was sustained by the house; and being put, was decided in
the affirmative.
On motion of Mr. Keen, the vote was recorded as follows :
Ayes—Messrs. Crutchfield (speaker), Anderson, Baskervill, Bass, Basse!, Bell, Bisbie,
Boisseau, Burks, Carpenter, Chapman, Ckilds, Coleman, Collier, Cowan, Crump, Davis,
Duckwall, Edgington, Evans, Fleming, Garrett, J. T. Gibson, J. Gilmer, Graham, Grat-
tan, Hanly, Harrison, Haymond, Hackley, Hunter, Johnson, W. T. Jones, Kaufman, Kee,
Knote, Leftwich, Lucas, Lundy, Magruder, Matthews, McCamant, McDowell, Medley, D.
Miller, Myers, Nelson, Newton, Orgain, Preston, Richardson, Robertson, Saunders, Seddon,
Segar, H. Smith, Thomas, Tomlin, Tyler, Ward, Wilson, Willcox, Witten and Yerby—64.
Noes—Messrs. Ball, Bonynan, Brown, Christian, Dickenson, Friend, D. Gibson, C. H.
Gilmer, Goodycoontz, Huutt, Keen, Kemper, Kincheloe, Knotts, Kyle, Mallory, T. Martin,
McCue, McKenzie, Miles, Mong, Montague, Morris, Patterson, Phelps, Porter, Pretlow,
Pritchard, Randolph, Riddick, Robinson, Rives, Shannon, Sherrard, J. K. Smith, Staples,
Thompson, Wallace, Watts, Welch and Woolfolk—41.
Ordered, that the clerk inform the senate thereof.
The hour of two o'clock having arrived, the chair was vacated
until 1\ o'clock.
264
JOURNAL OP THE
EVENING SESSION.
No. 201. A bill to incorporate the Trans-Alleghany rail road com¬
pany, was taken up, on motion of Mr. Knotts, read the second time,
and ordered to be engrossed and read the third time; and being
forthwith engrossed, two-thirds concurring, was read the third time;
and the question being—Shall the bill pass ? Mr. Haymond moved
the indefinite postponement of the bill; and the question being on
agreeing thereto, was put, and decided in the affirmative.
On motion of Mr. Hoffman, the vote was recorded as follows:
Ayes—Messrs. Crutchfield (speaker), Anderson, Ball, Bisbie, Boisseau, Burks, Caperton,
Carpenter, Chapman, Christian, Coleman, Collier, Crump, Davis, Duckwall, Evans, Flem¬
ing, Friend, Grattan, Hackley, Hunter, W. T. Jones, Keen, Kee, Kemper, Kincheloe,
Knote, Kyle, Leftwich, Lucas, Lundy, Magruder, Mallory, T. Martin, Massie, Matthews,
McCamant, McCue, McDowell, McGehee, McGruder, McKenzie, Medley, Montague, Myers,
Nelson, Newton, Patterson, Reid, Riddick, Robertson, Rives, Seddon, Staples, Thomas and
W oolfolk—55.
Noes—Messrs. Bass, Bassel, Bell, Boreman, Crane, Edgington, D. Gibson, J. T. Gibson,
C. H. Gilmer, Goodycoontz, Harrison, Haymond, Hoffman, Johnson, Kaufman, Knotts, J.
R. Miller, Morris, Orgain, Porter, Preston, Randolph, Richardson, Robinson, Shannon,
Sherrard, J. Iv. Smith, H. Smith, Thompson, Tomlin, Ward, Watts, Wilson and Yerby—34.
A message was received from the senate by Mr. Brannon, who
informed the house of delegates that the senate had agreed to the
amendments proposed by the house of delegates to the amendments
of the senate to the joint resolution in regard to the movement of
troops and arms within the limits of this commonwealth by the
general government. That they had passed house bill entitled an
act for the relief of James J. Spaulding, No. 158; an act appointing
superintendents of the Staunton and Parkersburg road, No. 276 :
and that they had passed with amendments house bill entitled an
act to incorporate the Carroll mining and manufacturing company,
No. 229 : in which amendments they requested the concurrence of
the house of delegates. That they had agreed to the amendment
proposed by the house of delegates to senate bill entitled an act to
increase the pay of certain officers of the public guard: and that
they had passed the following senate bills, in which they respectfully
requested the concurrence of the house of delegates : an act to
authorize the governor to pardon a slave John Ricks, and restore him
to his owner, No. 252; an act for the relief of the personal repre¬
sentative of William S. Croxton deceased, No. 251; an act to incor¬
porate the town of Independence in the county of Grayson, No. 256 ;
and an act to incorporate the Central savings bank of the city of
Richmond, No. 222.
No. 118. A bill entitled an act imposing taxes for the support of
government, with the amendments proposed thereto by the senate,
being the unfinished business of the morning session, was taken up.
Pending the consideration of which,
On motion of Mr. Hoffman, the house adjourned until to-morrow,
10 o'clock.
HOUSE OF DELEGATES.
265
TUESDAY, April 2, 1861.
No. 229. An act to incorporate the Carroll mining and manufac¬
turing company, with the amendments proposed thereto by the senate,
was taken up ; and the amendments agreed to.
Ordered, that the clerk inform the senate thereof.
No. 222. A senate bill entitled an act to incorporate the Central
savings bank of the city of Richmond, was read the first and second
times, and on motion of Mr. Saunders, read the third time and
passed.
No. 256. A senate bill entitled an act to incorporate the town of
Independence in the county of Grayson, was read the first and second
times, and on motion of Mr. Kyle, read the third time and passed.
No. 251. A senate bill entitled an act for the relief of the per¬
sonal representative of William S. Croxton deceased, was read the
first and second times, and on motion of Mr. Magruder, read the
third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Barbour, Baskervill, Bass, Bell,
Bisbie, Boisseau, Boreman, Burks, Caperton, Chapman, Childs, Christian, Coleman, Col¬
lier, Crane, Crump, Davis, Fleming, Friend, D. Gibson. J. T. Gibson, J. Gilmer, C. H.
Gilmer, Goodycoontz, Graham, Hanly, Harrison, Haymond, Hackley, Hunter, W. T. Jones,
Kaufman, Keen, Kee, Kemper, Kincheloe, Knote, Kyle, Leftwich, Lucas, Lundy, Magru¬
der, Matthews, McCue, McDowell, McKenzie, D. Miller, J. R. Miller, Montague, Morris;,
Myers, Nelson, Newton, Orgain, Patterson, Phelps, Preston, Pretlow, Pritchard, Randolph,
Eeid, Richardson, Riddick, Robertson, Robinson, Rives, Saunders, Seddon, Segar, Shannon,
Sherrard, Thomas, Tomlin, Tyler, Wallace, Ward, Watts, Wilson, Willcox, Witten, Wool-
folk and Yerby—84.
Noes—Messrs. Dickenson and Mallory—2.
No. 252. A senate bill entitled an act to authorize the governor
to pardon a slave John Ricks, and restore him to his former owner,
was read the first and second times, and on motion of Mr. Willcox,
read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Barbour, Baskervill, Bassel, Bisbie,
Boisseau, Boreman, Caperton, Carpenter, Carter, Chapman, Childs, Christian, Coleman,
Crane, Crump, Davis, Dickenson, Duckwall, Edgington, Fleming, Friend, D. Gibson, J.
T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison,
Haymond, Hunter, W. T. Jones, Kaufman, Keen, Kee, Kemper, Kincheloe, Knote, Knotts,
Lucas, Lundy,! Magruder, Matthews, McCue, McGehee, McKenzie, D.Miller, J.R.Miller,
Mong, Montague, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Porter, Pres¬
ton, Pretlow, Randolph, Eeid, Riddick, Robertson, Robinson, Rives, Saunders, Seddon,
Segar, Shannon, Sherrard, Thomas, Tomlin, Tyler, Wallace, Ward, Watts, Welch, Willcox
and Yerby—82.
Noes—Messrs. Bass, Bell, Burks, Collier, Huntt, Johnson, Kyle, Mallory, McDowell
and Wilson—10.
On motion of Mr. Orgain,
Resolved, that leave be given to bring in a bill authorizing the
county court of Lunenburg to uniform and equip volunteer compa¬
nies.
The Speaker announced the following committee : Messrs. Orgain,
Collier, Robertson, Magruder and Rives.
Subsequently, Mr. Orgain, from the committee, reported the fol¬
lowing bill:
No. 277. A bill to authorize the county court of Lunenburg to
appropriate certain money to uniform and equip volunteer compa-
34
266
JOURNAL OF THE
nies, was read the first and second times, and ordered to be engrossed
and read the third time, and being forthwith engrossed, two-thirds
concurring, was read the third time and passed.
Ordered, that Mr. Orgain carry the same to the senate, and -re¬
quest their concurrence.
A joint resolution, communicated from the senate, authorizing the
governor to contract for the manufacture and repair of arms at the
armory, was taken up, on motion of Mr. Raymond ; and Mr. Kem¬
per submitted the following report:
Resolved by the general assembly, that the governor, in order
more effectually to carry out the provisions of an act passed the 21st
day of January 1860, entitled an act making an appropriation for
the purchase and manufacture of arms and munitions of war, be and
he hereby is authorized to contract with one or more persons for the
manufacture of pistols, carbines, side arms, shot, shell, artillery car¬
riages, and other arms, accoutrements and munitions; the said con¬
tractor or contractors to have the use of such portion only of the ar¬
mory grounds and buildings as may not be required for the fulfill¬
ment of existing contracts to supply the armory with machinery, or
for efficiently operating such machinery: provided, that the arms,
accoutrements and munitions manufactured in pursuance of any con¬
tract hereby authorized to be made, shall be manufactured under the
supervision and inspection of the colonel of ordnance: and provided
further, that any contract hereby authorized shall be subject to the
ratification or rejection of the general assembly.
And the question being on agreeing thereto, was decided in the
affirmative.
Ordered, that Mr. Kemper inform the senate thereof, and request
their concurrence.
Mr. Raymond, from the committee on finance, reported the fol¬
lowing bill:
No. 274. A bill authorizing the payment to John Kelley the
amount of a judgment against the Board of public works.
Mr. Bassel, from the committee on agriculture and manufactures,
reported the following bill:
No. 275. A bill incorporating the shooting time piece manufactory
of Virginia.
Mr. Gibson of Hampshire submitted the following preamble and
resolution:
George W. Hopkins, a delegate from the county of Washington,
having departed this life while in attendance upon the sessions of the
house of delegates:
Be it resolved, that the clerk pay to the personal representative of
the said George W. Hopkins, his mileage and per diem for this ses¬
sion, or so much thereof as may be due him, out of the appropriation
to pay the expenses of this general assembly ; and the question being
on agreeing thereto, was put, and decided in the affirmative.
No. 126. A senate bill entitled an act for the relief of Celia Ed¬
monds, was taken up, on motion of Mr. Ciiilds, read the third time
and passed.
HOUSE OF DELEGATES.
267
Ayes—Messrs. Crutchfield (speaker), Barbour, Bassel, Caperton, Carter, Cbilds, Cole¬
man, Cowan, Duckwall, Edgington, Garrett, D. Gibson, J. T. Gibson, C. H. Gilmer, Hanly,
Harrison, Haymond, Hackley, Huntt, W. T. Jones, Kee, Kemper, Kinclieloe, Knote, Lucas,
Magruder, McCue, McGehee, McKenzie, Medley, Mong, Montague, Morris, Nelson, Phelps,
Porter, Preston, Randolph, Reid, Richardson, Riddick, Robinson, Rives, Saunders, Segar,
Shannon, J. K. Smith, Tomlin, Wallace, Welch, Willcox, Witten, Woolfolk and Yerby—55.
Noes—Messrs. Alderson, Ball, Baskervill, Bass, Bell, Bisbie, Boreman, Burks, Carpenter,
Chapman, Christian, Collier, Crane, Crump, Davis, Dickenson, Fleming, Friend, J. Gilmer,
Goodycoontz, Graham, Grattan, Hoffman, Kaufman, Knotts, Kyle, Leftwich, Lundy, Mat¬
thews, D. Miller, Myers, Patterson, Robertson, Seddon, Sherrard, IP. Smith, Staples, Tho¬
mas, Thompson, Watts and Wilson—41.
No. 253. A bill to amend and re-enact the 31st section of chapter
198 of the Revised Code of Virginia, was taken up, on motion of
Mr. Collier. The bill was then amended, and as amended, on
motion of Mr. Collier, read the first and second times, and ordered
to be engrossed and read the third time; and being forthwith en¬
grossed, two-thirds concurring, was read the third time and passed.
On motion of Mr. Collier, the title was amended so as to read as
follows:
" An act authorizing the common council of the city of Peters¬
burg to declare what in said city shall be an unlawful assemblage of
negroes, and to prescribe the punishment therefor."
Ordered, that Mr. Collier communicate the same to the senate,
and request their concurrence.
No. 171. An act for the partial suspension of the sale of state
bonds, and to provide for complying with contracts already made
upon the Covington and Ohio rail road, with the amendments pro¬
posed by the senate, was taken up. The amendments proposed by
the senate were then amended, on motion of Mr. Caperton, and as
amended, agreed to.
Ordered, that Mr. Chapman communicate the same to the senate,
and request their concurrence.
The Speaker laid before the house a communication from George
W. Randolph, of the board of commissioners to purchase arms under
the act of the last session, in answer to a resolution of the house of
delegates; which was read, and on motion of Mr. Seddon, laid on
the table and ordered to be printed. Doc. No. 47.
No. 118. An act imposing taxes for the support of government,
with the amendments proposed thereto by the senate, being the
unfinished business, was taken up. The amendments were then
amended, and as amended, agreed to.
Ordered, that the clerk inform the senate thereof.
No. 66. A senate bill entitled an act to authorize an issue of arms
to Titus V. Williams of the county of Tazewell, for the use of an
academy, was taken up, on motion of Mr. Witten, read the third
time and passed.
No. 26. A bill authorizing the payment to William G. Jackson of
certain coupons, was taken up, on motion of Mr. Warner T. Jones,
read the third time and passed.
Ayes—Messrs. Crutcbfield (speaker), Alderson, Ball, Barbour, Baskervill, Bass, Bassel,
Bell, Bisbie, Booker, Boreman, Burks, Carpenter, Carter, Chapman, Cbilds, Collier, Crane,
Crump, Davis, Dickenson, Edgington, Fleming, Friend, Garrett, D. Gibson, C. H. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley, Hoffman, Huntt,
268 JOURNAL OF THE
Hunter, Johnson; W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Knote, Kyle, Leftwich,
Lucas, Lundy, Magruder, Mallory, McCue, McDowell, McGehee, McGruder, McKenzie,
J. R. Miller, Mong, Montague, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps,
Porter, Preston, Randolph, Richardson, Robertson, Robinson, Rives, Saunders, Seddon,
Segar, Shannon, Sibert, I. N. Smith, H. Smith, Staples, Thomas, Thompson, Tyler, Wal¬
lace, Ward, Welch, Willcox, Witten, Woolfolk and Yerby—90.
Noes—Messrs. Christian, Duckwall, Tomlin and Wilson—4.
Ordered, that the clerk inform the senate thereof.
A message was received from the senate by Mr. Newman, who in¬
formed the house of delegates that the senate had passed senate bill
261, entitled an act to incorporate the town of Rathbone in the
county of Wirt: in which they respectfully asked the concurrence
of the house of delegates.
The hour of 2 o'clock having arrived, the cliair was vacated until
7J o'clock.
EVENING SESSION.
A communication from the senate, by their clerk, was read as fol¬
lows :
In Senate, April 2, 1861.
The senate have passed house bills, entitled:
An act to authorize the county court of Lunenburg to appropriate
certain money to uniform and equip volunteer companies, No. 277.
An act authorizing the common council of the city of Petersburg
to declare what in said city shall be an unlawful assemblage of ne¬
groes, and to prescribe the punishment therefor, No. 253.
And they have passed bills, entitled:
An act to authorize the Wolf creek turnpike company to reduce
the width of their road, No. 264.
An act changing the time of holding the courts in the fifteenth
judicial circuit, No. 275.
An act to incorporate the Cabell county petroleum company, No.
257.
An act to incorporate the Rocky point lime and marble manufac¬
turing company in the county of Botetourt, No. 262.
An act to incorporate the Old Dominion mining and manufacturing
company, No. 265.
An act authorizing the governor to pardon slave Bill, and restore
him to his former owner, No. 260.
An act to amend the charter of the Southwestern Bank of Virginia,
No. 267.
An act incorporating the Staunton savings bank, No. 270.
An act to authorize Joseph Guseman to rebuild his mill, No. 272.
An act to amend the charter of the Bank of the Old Dominion,
No. 276.
An act refunding to James A. Russell excess of taxes paid by him,
and authorizing the county court of Frederick county to correct er¬
roneous assessment, No. 266.
HOUSE OF DELEGATES. 269
An act to organize a volunteer battalion in the city of Alexandria,
No. 271 ; and
An act authorizing Henry Potter Burt, William Berry and other
subjects of Great Britain to hold certain land lying in this common¬
wealth, No. 274.
In which they respectfully request the concurrence of the house of
delegates.
The following senate bills were read the first and second times and
passed:
No. 257. An act to incorporate the Cabell county petroleum com¬
pany.
No. 264. An act to authorize the Wolf creek turnpike company •
to reduce the width of their road.
No. 262. An act to incorporate the Rocky point lime and marble
manufacturing company in the county of Botetourt.
No. 275. An act changing the time of holding the courts in the
15th judicial circuit.
No. 261. An act to incorporate the town of Rathbone in the
county of Wirt.
No. 265. An act to incorporate the Old Dominion mining and
manufacturing company.
No. 260. An act authorizing the governor to pardon slave Bill,
and restore him to his former owner.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Bass, Bassel, Bell, Bisbie, Boisseau,
Booker, Boreman, Burks, Carpenter, Carter, Chapman, Childs, Christian, Coleman, Collier,
Crump, Davis, Duckwall, Edging-ton, Fleming, Friend, Garrett, J. T. Gibson, J. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Haymond, Hackley, Huntt, Hunter, Johnson, W.
T. Jones, Kaufman, Keen, Kee, Kemper, Knote, Kyle, Leftwich, Lucas, Magruder, Mat¬
thews, McCue, McGehee, McGruder, McKenzie, D. Miller, J. R. Miller, Mong, Montague,
Morris, Myers, Kelson, Newton, Orgain, Patterson, Porter, Randolph, Richardson, Riddick,
Robertson, Robinson, Rives, Seddon, Segar, Shannon, Sherrard, J. K. Smith, H. Smith,
Staples, Thomas, Thompson, Tomlin, Tyler, Wallace, Ward, Watts, Woolfolk and Yerby—84.
No—Mr. Pretlow—1.
No. 267. An act to amend the charter of the Southwestern Bank
of Virginia.
No. 270. An act incorporating the Staunton savings bank.
No. 272. An act to authorize Joseph Guseman to rebuild his mill.
No. 276. An act to amend the charter of the Bank of the Old
Dominion.
No. 271. An act to organize a volunteer battalion in the city of
Alexandria.
No. 266. An act refunding to James A. Russell excess of taxes
paid by him, and authorizing the county court of Frederick county
to correct erroneous assessment.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Bass, Bassel, Bell, Bisbie, Booker,
Boreman, Burks, Capcrton, Carpenter, Chapman, Childs, Christian, Coleman, Collier,
Crane, Crump, Davis, Edgington, Friend, J. T. Gibson, J. Gilmer, Goodycoontz, Graham,
Grattan, Hanly, Haymond, Hackley, Huntt, Hunter, Johnson, W. T. Jones, Kaufman,
Keen, Kee, Kemper, Knote, Kyle, Leftwich, Lucas, Lundy, Magruder, Matthews, McCue,
McGehee, McGruder, McKenzie, D. Miller, J. R. Miller, Mong, Montague, Morris, Myers,
Nelson, Newton, Orgain, Patterson, Porter, Preston, Pretlow, Randolph, Richardson, Rid¬
dick, Robertson, Robinson, Rives, Seddon, Segar, Shannon, Sherrard, J. K. Smith, H.
Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, Watts, Woolfolk and Yerby—82.
270
JOURNAL OF THE
No. 274. A senate bill entitled an act authorizing Henry Potter
Burk, William Berry and other subjects of Great Britain to hold
certain land lying in this commonwealth, was read the first and
second times, and on motion of Mr. Seddon, laid on the table.
No. 279. A bill to increase the compensation of the commission¬
ers of the revenue for the counties of Braxton, Nicholas, Fayette
and Logan, was taken up, on motion of Mr. Alderson, read the
third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Bass, Bassel, Bell, Bisbie, Bois¬
seau, Booker, Boreman, Burks, Caperton, Carpenter, Chapman, Childs, Christian, Cole¬
man, Collier, Crane, Crump, Davis, Duckwall, Edging-ton, J. T. Gibson, J. Gilmer,
Goodycoontz, Graham, Hanly, Haymond, Hackley, Hoffman, Huntt, Hunter, Johnson,
• W. T. Jones, Kaufman, Keen, Kee, Kemper, Knote, Kyle, Leftwich, Lucas, Magrader,
Matthews, McCue, McGruder, McKenzie, D. Miller, Montague, Moms, Myers, Nelson,
' Newton, Orgain, Patterson, Porter, Preston, Pretlow, Randolph, Richardson, Riddick, Ro¬
bertson, Robinson, Rives, Seddon, Segar, Shannon, Sherrard, J. K. Smith, H. Smith,
Staples, Thomas, Thompson, Tomlin, Tyler, Ward, Watts and Yerby—78.
Noes—Messrs. Friend, Grattan, Lundy, McGehee and Woolfolk—5.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 275. A bill allowing compensation to the commissioners to
audit the Harpers Ferry claims, was taken up, on motion of Mr.
Seddon, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Baskervill, Bass, Bassel, Bell,
Bisbie, Boisseau, Booker, Boreman, Burks, Caperton, Carpenter, Chapman, Childs, Chris¬
tian, Coleman, Collier, Crump, Davis, Duckwall, Edgington, J. T. Gibson, J. Gilmer,
Goodycoontz, Grattan, Hanly, Haymond, Hackley, Hoffman, Hunter, Johnson, W. T.
Jones, Kaufman, Keen, Kee, Kemper, Knote, Ky]e, Leftwich, Lucas, Lundy, Magruder,
Matthews, McCue, McGehee, McGruder, D. Miller, Mong, Montague, Myers, Nelson, New¬
ton, Orgain, Patterson, Porter, Preston, Richardson, Riddick, Robertson, Robinson, Rives,
Seddon, Segar, Shannon, Sherrard, J. K. Smith, H. Smith, Thomas, Thompson, Tomlin,
Tyler, Wallace, Ward, Watts, "Woolfolk and Yerby—78.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 81. A bill authorizing the payment of $ 147 75 to Captain
Wm. H. Werth of company A of the 101st regiment Virginia mili¬
tia, was taken up, on motion of Mr. Gilmee of Pittsylvania, read
the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Baskervill, Bass, Bell, Bisbie,
Boisseau, Booker, Boreman, Burks, Caperton, Carpenter, Chapman, Childs, Christian,
Coleman, Collier, Crump, Davis, Duckwall, Edgington, Friend, J. T. Gibson, J. Giimer,
Goodycoontz, Graham, Grattan, Haymond, Hackley, Huntt, Hunter, Johnson, W. T.
Jones, Kaufman, Keen, Kee, Kemper, Knote, Kyle, Leftwich, Lucas, Magruder, Matthews,
McCue, McGehee, McGruder, McKenzie, D. Miller, Montague, Myers, Nelson, Newton,
Orgain, Patterson, Porter, Preston, Pretlow, Randolph, Richardson, Riddick, Robertson,
Robinson, Rives, Scott, Seddon, Segar, J. K. Smith, H. Smith, Staples, Thomas, Thomp¬
son, Tomlin, Tyler, Ward, Woolfolk and Yerby—77.
No—Mr. Hoffman—1.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 218. A bill refunding to W. H. Morton, sen. a sum of money
paid on erroneous assessment of land, was taken up, on motion of
Mr. Baskervill, and read the third time; and the question being—
Shall the bill pass ? the roll was called, with the following result:
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Baskervill, Bass, Bell, Bisbie,
Boisseau, Booker, Boreman, Carpenter, Chapman, Childs, Christian, Collier, Crump,
HOUSE OF DELEGATES.
271
Davis, Duckwall, Edgington, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, Graham, Grat-
tan, Haymond, Hackley, Hunter, W. T. Jones, Kaufman, Keen, Kee, Kemper, Knote,
Kyle, Leftwich, Lucas, Lundy, Magruder, Matthews, MeCue, McGehee, McKenzie, D.
Miller, Morris, Nelson, Newton, Orgain, Patterson, Porter, Preston, Pretlow, Randolph,
Riddick, Kobertson, Kobinson, Kives, Seddon, Segar, Shannon, J. K. Smith, H. Smith,
Staples, Thomas, Thompson, Tomlin, Tyler, Ward, Watts, Wilson, Woolfolk and Yerby—72.
It appearing that no quorum voted,
On motion of Mr. Keen, the house adjourned.
WEDNESDAY, April 3, 1861.
No. 45. A senate hill entitled an act to authorize rail road com¬
panies to appoint police agents, was taken up, on motion of Mr.
Edgington, read the third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 265. A bill amending the act passed April 2, 1858, concerning
the Berryville and Charlestown turnpike, was taken up, on motion
of Mr. McKenzie, read the first and second times, and ordered to
be engrossed and read the third time; and being forthwith engrossed,
two-thirds concurring, was read the third time and passed.
Ordered, that Mr. McKenzie carry the same to the senate, and
request their concurrence.
No. 266. A bill granting rights of way to mining and manufactu¬
ring companies in this commonwealth, was taken up, on motion of
Mr. Phelps, read the first and second times, and ordered to be en¬
grossed and read the third time; and being forthwith engrossed, two-
thirds concurring, was read the third time and passed.
Ordered, that Mr. Phelps carry the same to the senate, and request
their concurrence.
No. 214. A senate bill entitled an act in relation to printing the
Acts of Assembly, was taken up, on motion of Mr. Haymond,
amended, and as amended, read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 227. An engrossed bill to amend and re-enact an act passed
March 22d, 1860, entitled an act to incorporate the Knob turnpike
company in the county of Washington, and incorporating the Hay-
ter's gap and Washington turnpike company, was taken up, on mo¬
tion of Mr. Preston, read the third time and passed.
Ayes—Messrs. Crutchficld (speaker), Alderson, Ball, Barbour, Bass, Bell, Bisbie, Bois-
seau, Booker, Boreman, Caperton, Carpenter, Cassin, Cbapmau, Cliilds, Christian, Coleman,
Collier, Cowan, Crane, Crump, Davis, Dickenson, Edgington, Fleming-, Friend, D. Gibson,
J. T. Gibson, J. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hoff¬
man, Hunter, Kaufman, Keen, Kee, Kincheloe, Knote, Knotts, Kyle, Leftwich, Lucas, Ma¬
gruder, Massie, McCue, McGruder, McKenzie, D. Miller, Montague, Morris, Myers, Nelson,
Newton, Patterson, Phelps, Pretlow, Randolph, Reid, Eiddick, Robertson, Saunders, Segar,
Shannon, Sherrard, Staples, Thomas, Thompson, Tomlin, Ward, Watts, Welch, Witten and
Yerby—77.
Noes—Messrs. Bass, Bassel, Huntt, Johnson, W. T. Jones, McDowell, McGehee, Mong,
Robinson, Rives, Wallace and Woolfolk—12.
272
JOURNAL OF THE
No. 166. A bill for the payment of a sum of money to James W.
Jones, jailor of Frederick county, was taken up, on motion of Mr.
Kaufman, read the first and second times, and ordered to be engrossed
and read the third time; and being forthwith engrossed, two-thirds
concurring, was read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Barbour, Baskervill, Bass, Bassel,
Bell, Bisbie, Boisseau, Booker, Boreman, Caperton, Carpenter, Carter, Chapman, Coleman,
Collier, Davis, Dickenson, Duckwall, Fleming, Friend, D. Gibson, J. Gilmer, C. H. Gilmer,
Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hoffman, Huntt, Hunter, W.
T. Jones, Kaufman, Keen, Kee, Kemper, Kinclieloe, Knote, Knotts, Kyle, Leftwich, Lucas,
Magruder, Massie, McCue, McGruder, McKenzie, Medley, D. Miller, Mong, Montague,
Myers, Nelson, Patterson, Phelps, Porter, Randolph, Reid, Robertson, Robinson, Rives,
Saunders, Seddon, Segar, Shannon, Sherrard, Thomas, Tomlin, Wallace, Ward, Welch,
Willcox, Witten and Yerby—78.
Ordered, that Mr. Kaufman carry the same to the senate, and re¬
quest their concurrence.
No. 67. An engrossed bill to provide for the payment, to the Rich¬
mond branch of the Exchange Bank, of lost coupons for interest on
the bonds of the state of Virginia, was taken up, on motion of Mr.
Robertson, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Anderson, Ball, Barbour, Baskervill, Bass, Bassel,
Bell, Bisbie, Boisseau, Booker, Boreman, Caperton, Carter, Chapman, Childs, Christian,
Coleman, Collier, Crump, Davis, Dickenson, Friend, D. Gibson, J. T. Gibson, J. Gilmer,
C. H. Gilmer, Goodycoontz, Graham, Hanly, Harrison, Haymond, Huntt, Hunter, Kauf¬
man, Keen, Kee, Kemper, Knote, Knotts, Kyle, Leftwich, Lucas, Lundy, Magruder, Mas¬
sie, McCue, McDowell, McGehee, McGruder, McKenzie, Medley, Mong, Montague, Myers,
Nelson, Newton, Orgain, Patterson, Porter, Randolph, Reid, Robertson, Robinson, Saunders,
Seddon, Segar, Shannon, Thomas, Wallace, Ward, Watts, Welch, Wilson, Willcox, Witten,
Woolfolk and Yerby—78.
No—Mr. Duckwall—1.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
No. 96. A senate bill entitled an act releasing the schooner Pau¬
line from the payment of the commonwealth's claim to any fine
imposed for an alleged violation of the inspection laws, was taken
up, on motion of Mr. Bisbie, read the third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Barbour, Baskervill, Bass, Bassel,
Bell, Bisbie, Boisseau, Booker, Boreman, Caperton, Carpenter, Carter, Chapman, Childs,
Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Friend,
D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison,
Haymond, Hoffman, Huntt, Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kee, Kemper,
Knote, Knotts, Kyle, Leftwich, Lucas, Lundy, Magruder, Massie, McCue, McGehee,
McGruder, McKenzie, Medley, Mong, Montague, Myers, Nelson, Newton, Patterson, Porter,
Randolph, Reid, Robertson, Robinson, Saunders, Seddon, Segar, Shannon, Thompson,
Wallace, Ward, Watts, Welch, Wilson, Willcox, Witten, Woolfolk and Y'erby—83.
Ordered, that the clerk inform the senate thereof.
Mr. Christian, from the committee of roads and internal naviga¬
tion, presented the following bill :
No. 276. A bill to amend the road laws of Brooke and Hancock
counties; which, on his motion, was read the first and second times,
and ordered to be engrossed and read the third time; and being
forthwith engrossed, two-thirds concurring, was read the third time
and passed.
Ordered, that Mr. Porter carry the same to the senate, and re¬
quest their concurrence.
HOUSE OF DELEGATES.
273
No. 67. Aii engrossed bill to authorize the county court of Pow¬
hatan county to correct the assessment of the lands of A. S. Wool-
dridge's estate, was taken up, on motion of Mr. Coleman, read, the
third time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Baskervill, Bass, Bassel, Bell, Bis-
bie, Boisseau, Booker, Boreman, Caperton, Carter, Cassin, Chapman, Coleman, Collier,
Crump, Davis, Duckwall, Edgington, Friend, D. Gibson, J. T. Gibson, J. Gilmer, C. H.
Gilmer, Goodycoontz, Graham, Grattan, Harrison, Raymond, Hoffman, Hunter, Johnson,
W. T. Jones, Kaufman, Kee, Kemper, Knote, Kyle, Lucas, Lundy, Magmder, Massie,
McCue, McGehee, McGruder, McKenzie, Medley, D. Miller, Montague, Montgomery,
Myers, Nelson, Orgain, Patterson, Porter, Preston, Randolph, Reid, Robertson, Robinson,
Rives, Saunders, Seddon, Segar, Shannon, Sherrard, Thompson, Wallace, Ward, Watts,
Wilson, Willcox, Witten, Woolfolk and Yerby—77.
Ordered, that Mr. Coleman carry the same to the senate, and re¬
quest their concurrence.
No. 271. A bill to organize the Metropolitan guard of Kichmond,
was taken up, on motion of Mr. Kemper, read the first and second
times, and ordered to be engrossed and read the third time.
The question being—Shall the bill pass ? Mr. Crump submitted a
ryder; which was read the first and second times, and ordered to be
engrossed and read the third time; and being forthwith engrossed,
two-thirds concurring, was read the third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Caperton submitted the following preamble and resolution;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Barbour, Baskervill, Bass, Bisbie,
Caperton, Carpenter, Cassin, Chapman, Christian, Coleman, Collier, Crump, Duckwall,
Edgington, Fleming, D. Gibson, J. Gilmer, Graham, Grattan, Hanly, Plarrison, Haymond,
Hunter, W. T. Jones, Keen, Kee, Knote, Kyle, Lucas, Magmder, Massie, McCue, McDow¬
ell, McGruder, McKenzie, D. Miller, Mong, Montague, Myers, Nelson, Newton, Patterson,
Preston, Reid, Robertson, Robinson, Saunders, Seddon, Segar, Sherrard, Staples, Thomas,
Thompson, Tornlin, Tyler, Wallace, Watts, Welch, Willcox, Witten and Yerby—65.
Noes—Messrs. Bassel, Bell, Boisseau, Cowan, Crane, Davis, Friend, C. H. Gilmer,
Goodycoontz, Hoffman, Huntt, Johnson, Kincheloe, Knotts, Leftwich, McGehee, Phelps,
Porter, Randolph, Riddick and Rives—21.
Whereas the present state of affairs has occasioned embarrassments
to the contractors on the Covington and Ohio rail road, that will pre¬
vent many, if not all of them, from executing their contracts unless
some relief is afforded: and whereas the failure on the part of said
contractors to execute their work will occasion great loss to the state:
and whereas all the existing embarrassments were not contemplated
by either of the parties to said contracts when the same were entered
into :
Be it resolved by the general assembly, that in consideration of the
said embarrassments, the Board of public works, in its character as
the Covington and Ohio rail road company, be and are hereby autho¬
rized to increase the prices of the aforesaid contractors, for all work
to be done prior to the 1st day of January 1862, and subsequent to
the passage of this resolution, to such extent as the said board shall
consider just and equitable: provided, however, that such increase
upon the said work to any contractor shall not exceed ten per cent.
274: JOURNAL OF THE
upon the amount payable therefor at the contract prices: and pro¬
vided also, that the said increase shall constitute a part of and be
paid out of existing appropriations to the Covington and Ohio rail
road.
Ordered, that Mr. Chapman carry the same to the senate, and re¬
quest their concurrence.
The Speaker announced that the resolution had passed.
Mr. Seddon appealed from the decision of the chair, on the ground
that the resolution required a majority of the whole house ; and the
question being—Shall the decision of the chair stand as the judgment
of the house ? was put, and decided in the affirmative.
On motion of Mr. Seddon, the vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Barbour, Baskervill, Bass, Bisbie, Boisseau, Booker, Ca-
perton, Carpenter, Carter, Cassin, Chapman, Christian, Coleman, Collier, Crump, Davis,
Dickenson, Duckwall, Edgington, Fleming, D. Gibson, J. Gilmer, Graham, Grattan, Hanly,
Harrison, Hackley, Hoffman, Hunter, W. T. Jones, Kaufman, Kee, Kemper, Knote, Lucas,
Lundy, Magruder, Massie, McCue, McDowell, McGehee, McGruder, D. Miller, Mong,
Montague, Morris, Myers, Newton, Orgain, Patterson, Preston, Reid, Robertson, Saunders,
Seddon, Shannon, Thomas, Thompson, Tomlin, Wallace, Welch, Willcox and Witten—67.
Noes—Messrs. Boreman, Cowan, Crane, C. H. Gilmer, Haymond, Huntt, Johnson,
Kincheloe, Knotts, Kyle, Leftwich, McKenzie, Phelps, Porter, Pretlow, Riddick, Robinson,
Rives, Sherrard, Staples, Watts, Woolfolk and Yerhy—23.
Mr. Gilmer of Pittsylvania submitted the following preamble and
resolution:
Whereas it is represented that the sheriff of Pittsylvania county,
for good reasons, desires an extension of the time within which he is
required to pay into the public treasury the sum of four thousand
dollars, a part of the revenue of said county, for thirty days from the
1st day of April 1861: Therefore,
Resolved by the general assembly of Virginia, that the said relief
be granted to the said sheriff, and that he shall incur no forfeiture of
commissions upon the revenue of said county in the event the whole
of said revenue shall be paid into the treasury of the common¬
wealth within thirty days from the 1st day of April 1S61: provided
the securities of the said sheriff in his official bond shall agree in
writing, that this resolution shall take effect without operating as a
release to them.
And the question being on agreeing thereto, was put, and decided
in the negative.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Baskervill, Bisbie, Caperton, Car¬
ter, Chapman, Christian, Crump, Duckwall, Fleming, J. Gilmer, Graham, Hanly, Hay¬
mond, Keen, Magruder, Massie, McCue, McGruder, McKenzie. Preston, Pretlow, Robert¬
son, Saunders, Sherrard, Staples, Thompson, Ward and Willcox—31.
Noes—Messrs. Bass, Bassell, Boisseau, Booker, Boreman, Carpenter, Childs, Collier,
Crane, Dickenson, Friend, C. H. Gilmer, Goodycoontz, Grattan, Harrison, Hoffman, Huntt,
Hunter, Johnson, W. T. Jones, Kaufman, Kee, Kemper, Knote, Knotts, Kyle, Leftwich,
Lucas, McDowell, Mong, Montague, Myers, Patterson, Phelps, Porter, Randolph, Reid,
Robinson, Rives, Seddon, Segar, Shannon, Thomas, Tomlin, Watts, Welch and Witten—
48.
No. 115. A senate bill entitled an act for the relief of Thomas
Nichols, was taken up, on motion of Mr. Kemper, read the third
time and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Barbour, Baskervill, Bass, Bassel,
Bentley, Bisbie, Boisseau, Booker, Boreman, Caperton, Carter, Chapman, Christian, Cole-
HOUSE OF DELEGATES.
275
man, Collier, Crump, Davis, Dickenson, Duckwall, Friend, D. Gibson, J. T. Gibson, J.
Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Harrison, Haymond, Huntt, Hun¬
ter, Johnson, W. T. Jones, Kaufman. Keen, Kee, Kemper, Knote, Kyle, Leftwich, Lucas,
Lundv, Magrader, Massie, McCue, McGehee, McGruder, McKenzie, Medley, Mong, Mon¬
tague, Morris, Myers, Nelson, Orgain, Patterson, Porter, Randolph, Reid, Robertson, Ro¬
binson, Saunders, Seddon, Segar, Shannon, Sherrard, Wallace, Ward, Watts, Wilson, Will-
cox, Witten, Woolfolk and Yerby—77.
On motion of Mr. Collier,
Resolved, that a special committee "be appointed, to report a bill
amending the Code so as to include keno as a prohibited game.
The Speaker announced the following committee: Messrs. Collier,
G-rattan, Seddon, Mallory and Bass.
Mr. Collier, from the committee, presented the following bill;
which, on his motion, was read the first and second times, and or¬
dered to be engrossed and read the third time.
No. 287. A bill amending and re-enacting the 1st section of chap¬
ter 198 of the Code, edition of 1860.
A message was received from the senate by Mr. Brannon, who in¬
formed the house of delegates that the senate had receded from seve¬
ral of the amendments proposed by the senate and disagreed to by
the house of delegates, to house bill 118, entitled an act imposing
taxes for the support of government, and had insisted upon others,
disagreed to by the house.
The bill and amendments were taken up; pending the considera¬
tion of which, the hour of 2 o'clock having arrived, the chair was
vacated until 7£ o'clock.
EVENING SESSION.
A communication from the senate, by their clerk, was read as
follows:
In Senate, April 3, 1861.
The senate have passed house bill entitled :
An act to amend the 4th section of an act incorporating the Jef¬
ferson insurance company of Albemarle, No. 1, with an amendment.
In which they respectfully request the concurrence of the house
of delegates.
They have agreed to the joint resolution for the relief of the con¬
tractors on the Covington and Ohio rail road.
The committee on enrolled bills in the senate having examined
sundry such bills and found them correctly enrolled, they have
been signed by the president of the senate, and are now communi¬
cated to the house of delegates for further signature.
No. 274. A senate bill entitled an act authorizing Henry Potter
Burt, William Berry and other subjects of Great Britain to hold cer¬
tain land lying in this commonwealth, was taken up, on motion of
Mr. McKenzie, read the third time and passed.
No. 104. A bill amending the 39th chapter of the Code concern¬
ing taxes on bank dividends, collateral inheritances, and taxes on
suits and seals, was taken up, on motion of Mr. Haymond, read the
276
JOURNAL OF THE
first and second times, and ordered to be engrossed and read the
third time; and being forthwith engrossed, two-thirds concurring,
was read the third time; and on motion of Mr. Gtbson of Hamp¬
shire, laid upon the table.
No. 1. An act to amend the 4th section of an act incorporating
the Jefferson insurance company of Albemarle, with the amendments
proposed by the senate thereto, was taken up, and the amendments
agreed to..
Ordered, that the clerk inform the senate thereof.
No. 218. An engrossed bill refunding to W. H. Morton, sen. a sum
of money paid on an erroneous assessment of land, being unfinished
business, was taken up, on motion of Mr. Baskervill, and passed.
Ayes—Messrs. Crutchfield (speaker), Alderson, Ball, Baskervill, Bass, Bell, Bisbie, Bois-
seau, Booker, Boreraan, Burks, Caperton, Carpenter, Chapman, Cbilds, Coleman, Collier,
Cowan, Crump, Davis, Dickenson, Duckwall, Edgington, Fleming, Friend, D. Gibson, J.
T. Gibson, J. Gilmer, Goodycoontz, Graham, Grattan, Harrison, Haymond, Hackley,
Huntt, Hunter, Johnson, W. T. Jones, Kaufman, Keen, Kemper, Kincbeloe, Knote, Kyle,
Leftwicb, Lucas, Magruder, Massie, McCue, McDowell, McGruder, McKenzie, Medley,
Mong, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Porter, Preston, Pret-
low, Randolph, Reid, Riddick, Robertson, Robinson, Rives, Saunders, Seddon, Segar,
Shannon, Sherrard, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, Watts, Welch, Wilson,
Woolfolk and Yerby—86.
Ordered, that Mr. Baskervill carry the same to the senate, and
request their concurrence.
On motion of Mr. Collier,
Resolved, that a committee of conference be appointed on the
part of the house, to confer with a similar committee on the part of
the senate, in relation to the disagreement of the two houses in re¬
lation to house bill entitled an act imposing taxes for the support of
government.
The Speaker announced the following committee: Messrs. Collier,
Saunders, Keen, Christian, Boreman, Tomlin and Wilson.
Subsequently, a message was received from the senate by Mr.
Brannon, who informed the house of delegates that the senate had
agreed to the resolution, and appointed a committee on their part.
Subsequently, a message was received from the senate by Mr.
Brannon, who informed the house of delegates that the senate had
agreed to the report of the joint committee as to the disagreement
of the two houses in relation to house bill entitled an act imposing
taxes for the support of government.
The report, on motion of Mr. Collier, was concurred in by the
house.
Ordered, that Mr. Haymond inform the senate thereof.
No. 278. A bill for the lease of the penitentiary, was taken up,
on motion of Mr. McCue.
Mr. Haymond submitted the following amendment to the bill:
Strike out the entire bill, and insert:
" Be it enacted by the general assembly, that for the purpose of
purchasing raw materials, so as to give employment to the inmates
of the penitentiary, fifteen thousand dollars is hereby appropriated,
to be paid out of the public treasury, upon the order of the board
of directors of said penitentiary, to pay for said material when pur¬
chased.
, HOUSE OF DELEGATES.
277
" Be it further enacted, that the governor of this commonwealth
be authorized to have the penitentiary enlarged by the labor of the
convicts, so as to make it more convenient for the reception of con¬
victs.
" This act shall be in force from its passage."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
On motion of Mr. Haymond, the vote was recorded as follows:
Ayes—Messrs. Ball, Baskervill, Bass, Boisseau, Booker, Burks, Caperton, Carpenter,
Carter, Childs, Collier, Davis, Duckwall, Friend, D. Gibson, J. Gilmer, Goodycoontz, Gra¬
ham, Grattan, Haymond, Hackley, Huntt, Hunter, Johnson, W. T. Jones, Kaufman,
Kemper, Knote, Knotts, Kyle, Leftwich, Lucas, Magruder, Massie, McDowell, McGehee,
McGruder, Medley, Mong, Morris, Myers, Nelson, Newton, Orgain, Preston, Riddick, Ro¬
bertson, Robinson, Rives, Saunders, Seddon, Segar, Shannon, Staples, Thomas, Thompson,
Tyler, Wallace, Ward, Watts, Welch, Witten, Woolfolk and Yerby—64.
Noes—Messrs. Boreman, Christian, Crump, Fleming, Keen, Kincheloe, McCue, Patter¬
son, Porter, Pretlow, Sherrard, Tomlin, Wilson and Willcox—14.
The bill was then read the second time, and ordered to be en¬
grossed and read the third time ; and the question being—Shall the
bill pass ? the roll was called, with the following result:
'Ayes—Messrs. Ball, Baskervill, Bass, Boisseau, Booker, Boreman, Burks, Carpenter,
Carter, Childs, Christian, Collier, Davis, Dickenson, Duckwall, Friend, D. Gibson, Goody¬
coontz, Graham, Grattan, Haymond, Hackley, Hoffman, Huntt, Hunter, Johnson, W. T.
Jones, Kaufman, Kemper, Knote, Knotts, Kyle, Leftwich, Lucas, Magruder, McDowell,
McGruder, Medley, Mong, Moms, Myers, Nelson, Newton, Orgain, Phelps, Preston, Rid¬
dick, Robertson, Robinson, Rives, Saunders, Seddon, Shannon, Thomas, Tyler, Wallace,
Ward, Watts, Witten, Woolfolk and Yerby—61.
Noes—Messrs. Crump, Fleming, Kincheloe, McCue, McGehee, Patterson, Sherrard,
Tomlin and Wilson—9.
No quorum voting,
On motion of Mr. Christian, the house adjourned until to-morrow,
10 o'clock.
THURSDAY, April 4, 1861.
A communication from the senate, by their clerk, was read as
follows:
In Senate, April 3, 1861.
The senate have passed house bills entitled :
An act authorizing the payment to William Gr. Jackson of certain
coupons, No. 26.
An act to amend the road laws of Brooke and Hancock counties,
No. 276.
An act to provide for the payment to the Richmond branch of the
Exchange Bank of lost coupons for interest on the bonds of the state
of Virginia, No. 67.
An act amending the act passed April 2, 1858, concerning the
Berryville and Charlestown turnpike, No. 265.
An act for the payment of a sum of money to James W. Jones,
jailor of Frederick county, No. 166.
278
journal of the
An act refunding to W. H. Morton, sen. a sum of money paid on
an erroneous assessment of land, No. 218.
They have agreed to the joint resolution relative to the sale of
muskets, with an amendment.
In which amendment they respectfully request the concurrence of
the house of delegates.
The amendment proposed by the senate to a joint resolution rela¬
tive to the sale of muskets, was taken up and agreed to.
No. 287. An engrossed bill amending and re-enacting the 1st sec¬
tion of chapter 198 of the Code, edition of 1860, was taken up, on
motion of Mr. Collier, read the third time and passed.
Ordered, that Mr. Collier carry the same to the senate, and re¬
quest their concurrence.
No. 175. An engrossed bill to incorporate the Leesburg and Point
of rocks turnpike company, was taken up, on motion of Mr.
McKenzie, read the third time and passed.
Ordered, that Mr. McKenzie carry the same to the senate, and re¬
quest their concurrence.
No. 104. A bill amending the 39th chapter of the Code, concern¬
ing taxes on bank dividends, collateral inheritances and taxes on suits
and seals, was taken up, on motion of Mr. Haymond, read the second
time, and ordered to be engrossed and read the third time ; and being
forthwith engrossed, two-thirds concurring, was read the third time
and passed.
Ordered, that Mr. Haymond carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Geattan,
Resolved, th'at leave be given to withdraw from the files of the
house, the petitions concerning the removal of the remains of Gen.
Harry Lee, and that the same be committed to Peyton Johnston,
Esq. of this city, to be deposited among the archives of the Virginia
military institute at Lexington.
The Speaker proceeded to sign the following enrolled bills :
An act to authorize county courts, &c. to arm the militia.
An act to incorporate the Virginia arms manufacturing company.
An act allowing the Northwestern Bank of Virginia and any of its
branches to establish an agency in the city of Richmond for the re¬
demption of its circulating notes.
An act for the relief of Hugh Crolly and Patrick McCune.
An act for the relief of Patrick H. Scott of Halifax county.
An act to provide for the taking the sense of the people of Henrico
upon giving authority to the county court to raise by loan two thou¬
sand five hundred dollars for arming the county.
An act to compensate juries serving on coroners' inquests in the
counties of New Kent, Charles City, James City, York, Warwick
and Elizabeth City, and also the cities of Williamsburg and Norfolk.
An act allowing persons elected commissioners of the revenue at
the last general election, and who failed to qualify within the time
prescribed by law, to qualify as such in certain cases.
HOUSE OF DELEGATES.
279
An act to provide for electing members of a convention, and to
convene the same.
An act for the relief of Thomas Javins.
An act to create«an ordnance department.
An act for the payment of commissions, &c. to the executor of
Charles Holden deceased, of Harrison.
An act authorizing the Norfolk and Petersburg rail road to con¬
struct a branch.
An act for the relief of Charity Casey.
An act for the relief of Benjamin and Isaac Deford of Morgan.
An act amending and re-enacting an act to incorporate the Jackson
orphan asylum of Norfolk, passed February 26th, 1856.
An act to amend the 1st section of an act to prevent trespasses,
depredations, &c. along the borders of the Potomac and other tide
waters in the counties of Fairfax, Stafford and King George.
An act for the relief of John W. G . Smith of Rockingham county.
An act to amend an act entitled an act incorporating the Princess
Anne savings bank, passed February 27, 1860.
An act for the relief of Robert Y. Overby of the county of Meck¬
lenburg, on account of taxes improperly paid.
An act to defray the expenses of a pedestal, and setting up and
transporting the statue of Jefferson.
An act appropriating one million of dollars for the defence of the
commonwealth.
An act to incorporate the Virginia steam sugar refining company.
An act to incorporate the Merchants savings bank of Richmond.
An act to incorporate the Ambler oil and coal company.
An act to incorporate the Fayette oil and coal company.
An act amending and re-enacting the second section of the charter
of the Mechanicsville turnpike company, passed February 21, 1817.
An act to amend an act passed January 23d, 1860, entitled an act
to incorporate the Virginia life insurance company.
An act to authorize the Virginia Central rail road company to
construct a branch of their road to Lexington in the county of Rock¬
bridge.
An act to amend the charter of the Bank of the Commoiiwealth.
An act to amend the charter of the Bank of Philippi.
An act to incorporate the Hughes' creek oil and coal company.
An act to incorporate the Springfield and Deep run coal mining
and manufacturing company.
An act to amend an act entitled an act to incorporate the Rich¬
mond and York river rail road company, passed January 31, 1853.
An act to increase the capital stock of the Elk river turnpike com¬
pany.
An act to amend the charter of the Bank of Howardsville.
An act to amend the first section of an act entitled an act for the
encouragement of certain volunteer military companies in the city of
Wheeling, passed March 27th, 1858.
An act incorporating the Berkeley springs savings bank in the
town of Bath in the county of Morgan.
280
JOURNAL OP THE
An act incorporating the Gilmer oil mining and manufacturing
company in the county of Gilmer.
An act to amend an act entitled an act to incorporate the Farm-
ville and Buckingham plank road company, passed May 22, 1852.
An act authorizing the clerks of the supreme court and the dis¬
trict courts of appeals to take orders of publication in vacation.
An act to incorporate the Richmond city insurance company of
Richmond.
An act to transfer a part of the Price's mountain and Cumberland
gap road to the Mountain lake and Salt sulphur springs turnpike
company.
An act to incorporate the Lynchburg arms and engine manufac¬
turing company.
An act to authorize the governor of the commonwealth to pardon
a negro slave Tom, and restore said slave to his owner.
An act to incorporate the Southern manufacturing company.
An act to amend the act of the 27th March 1858, incorporating
the town of Frankfort in Greenbrier county.
An act authorizing the payment to Scott & Adams of a sum of
money for work done on the Southwestern turnpike.
An act to amend the act incorporating the Lewisburg female in¬
stitute.
An act to incorporate the Manchester savings bank in the town of
Manchester.
An act for the protection of the fisheries on the waters of the
Chesapeake bay and its tributaries below tide water.
An act to incorporate St. Paul's church home.
An act to incorporate the Amherst and Nelson woolen manufac¬
turing company in the county of Nelson.
An act to amend the charter of the Merchants Bank of Virginia.
An act to incorporate the Hebrew benevolent society of Alexan¬
dria.
An act to incorporate the Western Virginia insurance company.
An act to amend an act to increase the capital stock of the Rich¬
mond and Danville rail road company, and for other purposes.
An act to incorporate the Sweet chalybeate springs company.
An act to amend the 1st section of the act forming Webster
county.
An act amending the charter of the town of Bath in the county
of Morgan.
An act amending the second section of an act entitled an act in¬
corporating the town of Bethany, passed April 5, 1853.
An act to protect the interest of the commonwealth and others in
rail road and steam boat, companies in this state, on the two lines
between Baltimore and Weldon.
An act authorizing the county court of Rockingham county to
loan to the Manassas gap rail road company a sum of money.
An act for the relief of the securities of James R. Courtney of
Westmoreland county.
An act to authorize an issue of preferred stock by the Alexandria,
Mount Vernon and Accotink turnpike company.
HOUSE OF DELEGATES.
281
An act authorizing the trustees of the First Presbyterian church
in the city of Portsmouth to execute a deed of trust on said pro¬
perty.
An act amending certain acts concerning the town of Port Royal
in the county of Caroline.
An act to incorporate the town of Cameron in the county of Mar¬
shall.
An act to incorporate the Baltimore and Fredericksburg steam boat
company.
An act incorporating the Independence male and female college in
the county of Grayson.
An act authorizing the superintendent of the armory to provide
quarters for a portion of the public guard.
An act to enable the Monticello Bank ojc the Bank of the Com¬
monwealth to establish an office of discount and deposit at Monaskon
in the county of Lancaster.
An act to incorporate the Staffordsville toll bridge company.
An act to amend the charter of the Bank of Commerce at Frede¬
ricksburg.
An act to incorporate the Marion magnetic iron company.
An act incorporating the Norfolk county railway company.
An act for the relief of the banks of this commonwealth.
An act providing for the voluntary enslavement of George, Shed,
Sam and Sukey, persons of color in the county of Buckingham.
An act to amend the charter of the Danville Bank, and to autho¬
rize branches for the same.
An act for the relief of James Scott.
An act for the relief of Hopkins & Campbell.
An act for the relief of the Rev. J. Packard.
An act for the relief of the securities of Joshua H. Staats.
An act changing the time of holding the circuit court of Danville.
An act refunding to Mathew Wamsley, jr. money erroneously paid
by him.
An act refunding a license tax to Paul A. Farley.
An act fixing the mode of settlement with the sheriff of Jefferson
county.
An act authorizing the sale of Ebenezer academy.
An act for the relief of Angus M. Wood.
An act for running the boundary line between Albemarle and Flu¬
vanna.
An act incorporating the Staunton arms and ordnance company.
An act incorporating the Southern institution for the amelioration
of the condition of the deaf, dumb and blind negroes of the com¬
monwealth.
An act incorporating the Maryland and Virginia coal oil company
in the county of Taylor.
An act refunding to the securities of Wm. H. Blanch, late sheriff
of the county of Mecklenburg, certain damages paid by them.
An act providing for the location of the courthouse, jail and other
public buildings of the couuty of McDowell.
36
282
JOURNAL OF THE
An act to re-enact the act passed 9th February 1844, authorizing,
a loan from the Literary fund to the trustees of West Liberty
academy.
An act to amend the charter of the Bank of Scottsville.
An act to incorporate the Capper springs company.
An act authorizing the council of Richmond to construct rail roads
in its streets.
An act to restrict the catching of oysters in certain months.
An act to incorporate the Berkeley border guards armory company.
An act to provide for the voluntary enslavement of Thomas Gar¬
land and Mary Anderson, persons of color in the county of Hanover.
An act to incorporate the Rockbridge white sulphur springs com¬
pany.
An act to incorporate the Virginia mineral oil and coal company
in the county of Mason.
An act to amend the 102d and 103d sections of an act passed
March 30, 1860, entitled an act for assessment of taxes on persons
and property.
An act refunding to Mrs. Lucy Holland a sum of money paid on
erroneous assessment.
An act to amend an act entitled an act to incorporate the Mason
city mining and manufacturing company in the county of Mason,
passed February 22d, 1860.
An act to enforce the payment of balances due from commissioners
of forfeited and delinquent lands.
An act to amend the charter of the Sir John's run turnpike com¬
pany.
An act providing for the voluntary enslavement of Jane Payne,,
Mary Fletcher and Glives.
An act for the relief of Benjamin S. Reynolds of Harrison county.
An act to incorporate the Jackson county agricultural society.
An act for the voluntary enslavement of Fanny Matthews, with¬
out compensation to the state.
An act for the relief of the securities of Eugenius Tibbs, late
sheriff of the county of Ritchie.
An act for the relief of George W. Tucker of Halifax county.
An act to incorporate the Richmond and Liverpool packet com¬
pany.
An act extending the corporate limits of Fredericksburg.
An act to incorporate the commonwealth's savings bank of Rich¬
mond.
An act to incorporate the Laurel valley coal and oil company in
Mason.
An act to authorize Thos. Chancellor to erect a wharf on his
lands.
An act to amend chapter 108 of the Code, concerning births, mar¬
riages and deaths.
An act to authorize the issue of treasury notes.
An act to authorize the circuit court of Preston county to legalize?
the conveyance of a tract of land made by Andrew Oliphant, as
guardian or committee of William Smith, an idiot.
HOUSE OP DELEGATES.
283
An act allowing compensation to Parsha A. Fowlkes and Joseph
U. Fowlkes, for the arrest of three convicts escaped from the jail of
Lunenburg county.
An act for the relief of the securities of Reese Browning, late
sheriff of Logan county.
An act for the relief of Joseph W. Harper.
An act for the relief of the sureties of Robert Chambers, sheriff of
Boone county.
An act refunding to Lynn & Compton a license tax improperly
•collected of them.
An act for the relief of Charles A. Hoge and James Musgrave.
An act to incorporate the Silver run mining and manufacturing
•company.
An- act for the relief of the sureties of Thomas R, Davis, late
sheriff of Prince William.
An act organizing a volunteer company of cavalry in Albemarle.
An act authorizing Portsmouth to issue coupon bonds.
An act for the relief of Edward Johnson of Giles.
An act for the incorporation of the Home mining and manufac¬
turing company.
An act to amend the 23d section of the 61st chapter of the Code.
An act to incorporate the Bank of Parkersburg.
An act to amend the act incorporating the Jnsurance company of
the state of Virginia of Richmond.
An act to amend the act concerning the district free schools in the
county of Jefferson.
An act amending the charter of the Black lick and Plaster bank
turnpike company.
An act to incorporate the Oxford cotton and woolen company.
An act to incorporate the coal and oil company of Braxton county,
Virginia.
An act to amend the 1st section of an act entitled an act to incor¬
porate the Springfield and Deep run coal mining and manufacturing
company, passed the 12th of February 1861.
An act providing for the payment of commissioners of Virginia to
the peace conference at Washington and to the southern states.
An act to incorporate the Cove creek lead, copper and iron ma¬
nufacturing company in the county of Tazewell.
An act to amend the charter of the Virginia car spring company.
An act amending the third section of an act incorporating the
town of Portsmouth as a city, passed March 1st, 1858.
An act to distribute Mayo's Guide to coroners.
An act authorizing commissioners appointed by the Board of pub¬
lic works to estimate and report damages of John Conaway on the
Fairmont and Wheeling turnpike.
An act to amend the charter of the Brown's gap turnpike com¬
pany.
An act to authorize the treasurer of the state to destroy certain
bank notes now on deposit in his office, and such as may be received
in fjiture.
284
JOURNAL OF THE
An act to amend an act passed March 13th, 18-56, entitled an act
to amend an act passed February 25th, 1S56, to amend the charter
of the New creek company of Hampshire county.
An act incorporating the Coleraine mining and manufacturing
company.
An act to alter and amend an act entitled an act to incorporate the
Blacksburg, Catawba creek and Fincastle turnpike company, passed
February 15th, 1860, and to change the name to the Montgomery,
Roanoke and Botetourt turnpike company.
An act to incorporate the Chesterfield car, locomotive and agricul¬
tural implement manufacturing company.
An act refunding to Moses Gl. Booth damages paid by him as
surety of Samuel S. Turner, late sheriff of Franklin county.
An act to incorporate the Southern express company.
An act to establish the inspection of leather in Hampshire county.
An act transferring the Cacapon and North branch turnpike to the
county court of Hampshire county.
An act amending certain laws respecting the militia of the com¬
monwealth, so as to render them more efficient.
An act for the relief of John M. Jones, late sheriff of Pendleton,
An act for the relief of Thomas M. Hunley of Matthews.
An act to extend the charter of the Central Bank of Virginia.
An act to extend the charter of the Bank of Virginia.
An act to extend the charter of the Northwestern Bank of Vir¬
ginia.
An act releasing the state's claim to the fine imposed on the
schooner Virginia for an alleged violation of the inspection laws.
An act changing the names of the lunatic asylums.
An act to extend the charter of the Farmers Bank of Virginia.
An act to extend the charter of the Exchange Bank of Virginia.
An act to amend the 2d, 3d and 6th sections of an act passed
February 28th, 18-56, providing for working the county roads of
Loudoun county.
An act to incorporate the Montgomery female college.
An act to amend an act incorporating the town of Christiansburg,
and extending the limits of the same.
An act in relation to the devise made by Joel Osborne to the
Alexandria, Loudoun and Hampshire rail road company.
An act to incorporate the Industrial society of Wood county.
An act to incorporate the Burning springs oil line rail roacl com¬
pany.
An act authorizing the governor to pardon slaves Jack and Ben,
and restore them to their former owner.
An act to authorize the sale of certain church property in the
town of Moorefield.
An act authorizing the payment of a lost coupon to James C.
McG-uire & Co.
An act authorizing the Petersburg rail road company to increase
its capital stock.
HOUSE OF DELEGATES.
285
An act to incorporate the Parkersburg classical and scientific
institute.
An act to incorporate the Little Kanawha mining and manufac¬
turing company.
An act to extend the charter of the Merchants and Mechanics
Bank of Wheeling.
An act to incorporate the town of Asbury.
An act to amend the charter of the Bank of Charleston.
An act amending and re-enacting the charter of the town of Guy-
andotte in the county of Cabell.
An act to release the title to 556^ acres of land in the county of
Hanover to John H. Taliaferro.
An act to extend the charter of the Bank of the Valley in Virginia.
An act to appropriate a sum necessaiy to pay for the preparation
and publication of the second edition of the Code of Virginia.
An act for the relief of Enoch Adkins of the county of Giles.
An act amending the charter of the town of Charleston in the
county of Kanawha.
An act to incorporate the Monongahela savings bank in the county
of Monongalia.
An act incorporating the Piedmont land and improvement com¬
pany.
An act to amend the 1st section of chapter 149 of the Code of
Virginia, relative to the limitation of suits, so as to limit the right to
make an entry, or bring an action to recover land west of the Alle¬
ghany mountains.
An act to amend the act to amend the pilot laws in regard to the
Potomac river.
An act incorporating the Patrick springs female college.
An act to incorporate the James river boot, shoe and leather ma¬
nufacturing company.
An act constituting a part of the Ohio river a lawful fence.
An act to incorporate the Tobacco savings bank in the city of
Richmond.
An act to provide for a special election in the town of Marion in
the county of Smyth.
An act authorizing the Board of public works to appoint commis¬
sioners to estimate and report losses sustained by Wm. W. King in
the construction of the 14th section of the Ohio and Maryland turn¬
pike road.
An act to amend and re-enact an act passed March 22d, 1860, en¬
titled an act to incorporate the Knob turnpike company in the county
of Washington, and incorporating the Abingdon and Tennessee turn¬
pike company.
An act incorporating the Staunton savings bank.
An act to incorporate the Virginia lumber company in Augusta
and Rockbridge.
An act making an appropriation for the removal of the remains of
Gen. Harry Lee.
An act to amend the charter of the Bank of Richmond.
286
JOURNAL OF THE
An act to repeal an act passed 19th March 1860, concerning the
mode of catching fish in certain waters.
An act to refund to James S. Connell and Daniel Polsley a sum of
money improperly paid by them into the treasury as tax on land in
Roane county.
An act amending the charter of Union in the county of Monroe.
An act to authorize the county court of Fluvanna county to ap¬
propriate certain funds to the uniforming and equipping volunteer
companies in said county.
An act authorizing the auditor of public accounts to release the,
sureties of defaulting sheriffs from the payment of damages in cer¬
tain cases.
An act absolving the state and treasurer from all liability in case
of loss of coupon bonds deposited as security for bank circulation,
unless the said coupons be converted into registered stock, and pro¬
hibiting coupon bonds from being received in future as such security.
An act authorizing the formation of a battalion of two companies
in the towns of Scottsville and Howardsville, in the county of Albe¬
marle.
An act to incorporate the Home savings bank of the city of Rich¬
mond.
An act to release John W. Murrill from the payment of a judg¬
ment rendered by the circuit court of Lynchburg against him.
An act for the better government of the town of Danville.
An act establishing a branch bank at the town of Jeffersonville in
the county of Tazewell.
An act directing the payment of certain interest to Emmet J.
O'Brien.
An act to amend the 15th section of chapter 109 of the Code of
Virginia (second edition).
An act for the relief of Nathaniel B. Harvey.
An act to incorporate the Preston and Augusta rail road company.
An act allowing compensation to William F. Gordon, jr., clerk of
the house of delegates, and S. C. Davis, clerk of the senate, for ser¬
vices rendered during the present session of the general assembly.
An act for the incorporation of the Kanawha salt company.
An act for the relief of E. N. Eubank, commissioner of the reve¬
nue for the city of Lynchburg.
An act to suspend the levying of taxes by the state on the Wheel¬
ing and Belmont bridge company for six years.
An act for the relief of the Orange and Alexandria rail road com¬
pany.
An act to amend and re-enact the 1st and 3d sections of an act
entitled an act to incorporate a company to construct, on the plan of
James S. French, a rail road between Alexandria and Washington,
passed February 27, 1854.
An act to increase the pay of the commonwealth's attorney for the
circuit court of Ohio county.
An act for the voluntary enslavement of free negroes, without com¬
pensation to the commonwealth.
HOUSE OF DELEGATES.
287
An act releasing to the personal representative of A. C. Layne the
rent due under his lease for a portion of the public armory.
An act for the relief of Thomas W. Scott, sheriff of Dinwiddie
county.
An act authorizing the circuit court of Amelia county to make al¬
lowance to certain children of William H. Wilson, a lunatic.
An act making appropriations for deficiency in former appropria¬
tions, and for defraying expenses of the general assembly and con¬
vention now in session.
An act to establish the county of Bland out of parts of Gfiles,
Wythe and Tazewell.
An act to increase the pay of certain officers of the public guard.
An act for the relief of James J. Spaulding.
An act appointing superintendents of the Staunton and Parkers-
burg turnpike road.
An act for the relief of the personal representatives of William S.
Croxton deceased.
An act to authorize the Wolf creek turnpike company to reduce
the width of their road.
An act to authorize Joseph Guseman to rebuild his mill.
An act authorizing the common council of the city of Petersburg
to declare what in said city shall be an unlawful assemblage of ne¬
groes, and to prescribe the punishment therefor.
An act to authorize the county court of Lunenburg to appropriate
certain money to uniform and equip volunteer companies.
An act to organize a volunteer battalion in the city of Alexandria.
An act for the relief of Celia Edmonds.
An act to incorporate the Old Dominion mining and manufacturing
company.
An act changing the time of holding the courts in the l-5th judi¬
cial circuit.
An act authorizing the governor to pardon slave Bill, and restore
him to his former owner.
An act to incorporate the Rocky point lime and marble manufac¬
turing company in the county of Botetourt.
An act refunding to James A. Russell excess of taxes paid by him,
and authorizing the county court of Frederick county to correct er¬
roneous assessment.
An act to authorize an issue of arms to Titus V. Williams of the
county of Tazewell, for the use of an academy.
An act incorporating the Staunton savings bank.
An act to incorporate the Cabell county petroleum company.
An act to incorporate the Central savings bank of the city of
Richmond.
An act to incorporate the town of Independence in the county of
Grayson.
An act to incorporate the Carroll mining and manufacturing com¬
pany.
An act to incorporate the town of Rathbone in the county of
Wirt.
288
JOURNAL OF THE
An act to amend the charter of the Bank of the Old Dominion.
An act to amend the charter of the Southwestern Bank of Virginia.
An act to authorize rail road companies to appoint police agents.
An act amending the act passed April 2d, 1858, concerning the
Berryville and Charlestown turnpike.
An act authorizing Henry Potter Burt, William Berry and other
subjects of Great Britain to hold certain land lying in this common¬
wealth.
An act refunding to W. H. Morton, sen. a sum of money paid on
an erroneous assessment of land.
An act to amend the 4th section of an act incorporating the Jef¬
ferson insurance company of Albemarle.
An act for the payment of money to James W. Jones, jailor of
Frederick county.
An act to provide for the payment to the Richmond branch of the
Exchange Bank, of lost coupons for interest on the bonds of the state
of Virginia.
An act to amend the road laws of Brooke and Hancock counties.
An act authorizing the payment to William G. Jackson of certain
coupons.
An act amending and re-enacting the 1st section of chapter 198 of
the Code (edition of 1860).
An act to incorporate the Leesburg and Point of rocks turnpike
company.
An act releasing the schooner Pauline from the payment of the
commonwealth's claim to any fine imposed for an alleged violation
of the inspection laws.
An act for the relief of Thomas Nichols.
A communication was received from the senate, as follows:
In Senate, April 4, 1861.
The senate have passed house bill entitled:
An act granting rights of way to mining and manufacturing com¬
panies in this commonwealth, No. 266, with an amendment.
And they have agreed to a resolution authorizing pay to commis¬
sioners appointed to audit and pay expenses incurred by the invasion
at Harpers Ferry, for services rendered by them.
In which amendment and resolution they respectfully request the
concurrence of the house of delegates.
The resolution communicated from the senate and the amendment
to the bill were agreed to.
On motion of Mr. Caperton,
Resolved, that the thanks of the house of delegates be tendered
to 0. M. Crutchfield, for the dignity, ability and impartiality with
which he has presided over its deliberations during the present
session.
Resolved, that the thanks of this house be tendered to William
F. Gordon, clerk, William E. Word, sergeant at arms, H. D. Bur-
russ and Ro. W. Burke, doorkeepers of this house, for the prompt
and efficient manner in which they have discharged the duties of
their respective offices.
HOUSE OF DELEGATES.
289
On motion of Mr. Welch,
* Resolved, that leave be granted to withdraw from the files of the
house the memorial and papers from citizens of Kanawha and Fay¬
ette counties, praying the formation of a new county out of parts of
Kanawha and Fayette, presented at the session of 1S59-60. f
Mr. Seddon submitted the following resolution :
Resolved by the general assembly, that the governor be and he is
hereby authorized and directed to cause the inmates of the peniten¬
tiary to be employed in improving the penitentiary buildings, by en¬
largement or otherwise, so far as the same can be done consistently
with the manufacturing interest of the institution ; and that the go¬
vernor also be requested to apply the proceeds of the labor of con¬
victs to aid in conducting operations of the penitentiary.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Ordered, that Mr. Seddon carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate, that they
had agreed to the joint resolution.
A message was received from the senate by Mr. Johnson, who in¬
formed the house of delegates that the senate was ready to adjourn
until the first Monday in December next.
Ordered, that Mr. Yerby inform the senate that the house of dele¬
gates were ready on their part to adjourn sine die.
On motion of Mr. Yerby, the house adjourned sine die.
37
ERRATA.
On page 4, line 7 from bottom, insert:
Mr. Robertson's Resolutions—Submitted January 7, 1861.
■ 1. Resolved by the general assembly of Virginia, that the basis of all just government
is the " consent of the governed," and that such consent is the sanction of free, as force is
the sanction of despotic, governments.
2. That where this consent exists, there, whatever the form of the government, is liberty,
and where it is wanting, there, whatever the form of the government, is tyranny.
3. That this fundamental principle was set forth, and stands forever consecrated, in the
declaration of our independence made by the congress of 1776, speaking the almost unani¬
mous voice of the United Colonies; that on it, and for acts done by the British government
in derogation of it, they, then the acknowledged subjects of Great Britain, threw off that
government, and that on the truth of it they rested their appeal " to the opinions of man¬
kind" for the justification of what they did; and that on the recognition of that truth, that
justification rests now, and must rest forever.
*
4. That this principle js embodied or necessarily implied in all the state constitutions, as
well as in that of the federal government, and as to the former, is habitually acted on in
making such changes in them as the people think proper, and was never more strikingly-
asserted, nor the recognition of* it more conspicuously exhibited, than in the case of that
part of the state of New York, now known as Vermont, declaring and establishing, with
the consent of the former, a separate and independent government.
5. Resolved, that the encouragement and sympathy heretofore extended by the govern¬
ment and people of the United States to Greece and to the South American states—and by
the people of the United States to Ireland, to Hungary, and at this moment to Italy, and
always to every nation engaged in a struggle for the right of self-government; the avowed
sympathy of the British government and people with the people of Italy in their late suc¬
cessful efforts to assert for themselves that right; and the course of France, if not actually
aiding, yet refusing to intervene against the popular movements then and still in progress
there to the same end; are all but tributes to the truth of the great underlying principle,
that the sole foundation of all legitimate government is " the consent of the governed."
6. That this principle gives no countenance to insurrection or rebellion, but only recog¬
nizes the important truth, that it is no less a blunder than a crime to confound the rising of
a whole people with the outbreaks of a mob.
7. That conceding the general right of the federal government., as of all goverments, to
enforce its laws, yet it may well be questioned whether the exercise of that right was con¬
templated in a case where the resistance offered being under the authority of a st^ite, the
attempt to forcibly execute the laws would seem nothing short of war; and, supposing the
292
ERRATA.
strict right to be possessed, we yet reprobate and denounce the exercise of it, as not called
for by any necessity, and as opposed to the spirit alike of liberal principles and of an en¬
lightened humanity, in the actual circumstances that exist.
\
8. That in like manner conceding to all parties to a compact, the coequal right to judge of
its infraction, and to coerce the performance of it, and that in the judgment of other parties
to the compact, South Carolina has had no just cause to withdraw herself from the obliga¬
tions of it, yet resort to such coercion is always a matter of sound discretion, and should
not be had, except for causes that would justify war on an independent power; and this
assembly declares it as its opinion that no such causes exist, in the present case, as demand,
or would justify, a resort to arms.
9. That this assembly declares it to be its opinion that the general authority to execute
the laws of the United States ought not to be attempted by force in the case that has arisen;
and that that government is not a party to the compact out of which it sprung, and has not,
in that character, the right to coerce performance by a state; yet as either or both of these
powers might be exerted with the concurrence and acquiescence of the parties forming the
compact, this assembly feels called on and justified by the exigency of the case, to declare
the total denial and dissent of the state of Virginia, as one of the parties, to any resort to
force, in the existing state of things, by the said government of the United States against
the state of South Carolina, for either of these objects; and that of such a conflict, the most
vital interests of this state forbid that she should be an unconcerned or inactive spectator.
10. That we deprecate and condemn the referring any questions of conflicting rights be¬
tween the federal government and any seceding state, arising out of the acts of the authori¬
ties of either, to the arbitrament of force, as being not only uncalled for by any necessity—
but as being calculated, from causes extraneous to such supposed conflicts of rights, and
which are of paramount consideration to them, to involve the whole country in the calami¬
ties of war.
11. That these causes are to be mainly found in the denied equality of the rights of the
slaveholder and the non-slaveholder, involved in the proposed partial exclusion of the former
from the common territories—in the breach of the plighted faith of some of the non-slave-
holding states and people, by acts and laws designed to obstruct the recovery of escaped
slaves—by avowed designs to shape the policy, and use the machinery of the general
government so as to effect, hy indirection, the extinction of slavery, which it is conceded
that government cannot rightfully or directly interfere with—and by other acts importing a
denial of our rights of property in our slaves, and of our exclusive control over slavery as
a domestic institution—and these are causes of complaint common to all the slaveholding
people and states, and are in plain violation of the spirit and terms of our compact of
union.
12. That, while counseling peace and desiring union, and willing to make all honorable
efforts to preserve both, we yet declare that the former must be hazarded, and the latter
made impossible to be preserved, except by the removal of these just causes of complaint.
13. That we think it the duty therefore, of the defaulting states and people of the north,
if they would preserve peace and union—first to repair on their part the wrongs they have
done us, and fulfill their own disregarded obligations, out of which all the difficulties
between the north and the south have sprung, before they can be justified for demanding or
enforcing against others, a like observance of their engagements; and if they shall decline
or refuse to do this, then to arrange for the peaceable separation, on just terms, of parties
who it will then, unhappily, have been found, cannot continue to live together harmoniously
in union.
MEMBERS OF THE HOUSE OF DELEGATES, 186L
Braxton, Nicholas )
and Clay, j
Franklin,
Botetourt and Craig,
Lewis,
Mercer,
Loudoun,
Logan, Boone and ?
Wyoming, j
Culpeper,
Mecklenburg,
Roanoke,
Upshur,
Page,
Loudoun,
Norfolk City,
Dinwiddie,
Prince Edward,
Wood,
Monongalia,
Bedford,
Monroe,
Alleghany and Bath,
Lancaster and )
Northumberland, )
Hardy,
Monroe,
Fauquier,
Augusta,
Halifax,
Cumberland and \
Powhatan, $
Petersburg,
Preston,
Randolph and }
Tucker, j
Amelia and Nottoway
Spotsylvania,
Campbell,
Russell, Wise and
Buchanan,
Morgan,
Ohio,
Franklin,
Matthews and }
Middlesex, j
Wayne,
Wetzel,
Highland,
Chesterfield,
Jackson and Roane,
Essex and
King & Queen,
Hampshire,
Jefferson,
Pittsylvania,
Russell, Wise and
Buchanan,
Floyd,
Wythe,
Joseph A. Alderson.
M. R. Allen.
John T. Anderson.
Wm. E. Arnold.
James M. Bailey.
Charles B. Ball.
St. C. Ballard.
James Barbour.
William Baskervill.
Colin Bass.
Benjamin Bassel.
Reuben P. Bell.
R. M. Bentley.
D. T. Bisbie.
Albert J. Boisseau.
Richard A. Booker.
Arthur I. Boreman.
Andrew Brown.
Edward C. Burks.
Allen T. Caperton.
Samuel Carpenter.
Addison L. Carter.
John H. Cassin.
A. A. Chapman.
William L. Childs.
Bolivar Christian.
D. A. Claiborne.
Creed D. Coleman.
Charles F. Collier.
R. E. Cowan.
Samuel Crane.
, Charles A. Crump.
O. M. Crutchfield.
Robert L. Davis.
Wm. J. Dickenson.
J. S. Duckwall.
D. M. Edgington.
W. II. Edwards.
Andrew B. Evans.
James Ferguson.
James P. Ferrill.
Win. W. Fleming.
C. T. Friend.
Daniel Frost.
Thomas W. Garrett.
D. Gibson.
John T. Gibson.
John Gilmer.
C. H. Gilmer.
Isaac Goodycoontz.
Jos. J. Graham.
Rockingham,
Mason,
Rockingham,
Marion,
Rappahannock,
Harrison,
Scott and Wise,
Washington,
Fairfax,
Louisa,
Princess Anne,
Richmond Co. and
Westmoreland,
Barbour,
Appomattox,
Gloucester,
Frederick,
Pittsylvania,
Pendleton,
Madison,
Fauquier,
Ohio,
Gilmer, Wirt and
Calhoun,
Carroll,
Campbell,
Jefferson,
Pocahontas,
Giles,
Greenesville and
Sussex,
Prince William,
Albemarle,
Brunswick,
Norfolk County,
Nelson,
Henry,
Augusta,
Greenbrier,
Cabell,
Grayson,
Augusta,
Botetourt and Craig,
Charlotte,
Henrico,
Buckingham,
Alexandria,
Halifax,
Lee and Wise,
Lee, Scott and Wise,
Shenandoah,
Berkeley,
Montgomery,
Fayette and Raleigh,
Clarke,
Marshall,
Richmond City,
Fluvanna,
Hanover,
Lunenburg,
Charles Grattan.
J. M. Hanly.
Reuben N. Harrison.
Thomas S. Haymond.
Walter B. Hackley.
John S. Hoffman.
Henry W. Holdway.
George W. Hopkins.
O. W. Huntt.
John Hunter.
Edward James.
J. B. Jett.
Wm. Johnson.
Crawford H. Jones.
Warner T. Jones.
M. B. Kaufman.
E. F. Keen.
James B. Kee.
James L. Kemper.
John W. Kincheloe.
John Knote.
Absalom Knotts.
Wm. Kyle.^
Joel B. Leftwich.
John J. Locke.
James T. Lockridge.
Samuel Lucas.
Wm. T. Lundy.
Seymour Lynn.
B. H. Magruder.
R. M. Mallory.
J. G. Martin.
Thomas Martin.
Win. Martin.
Nathaniel Massie.
Mason Matthews.
Henry B. Maupin.
Samuel McCamant.
J. Marshall McCue.
James McDowell.
S. F. McGehee.
Z. S. McGruder.
Philip W. McKinney.
Lewis McKenzie.
G. C. Medley.
Frederick S. Miles.
David Miller.
John R. Miller,
Wm. II. Mong.
Rice D. Montague.
James Montgomery.
Benjamin Morgan.
James D. Morris.
Gustavus A. Myers.
"Robert E. Nelson.
Wm. B. Newton.
John Orgain.
294
NAMES OF
MEMBERS.
Rockbridge,
Pleasants and Ritchie,
Brooke and Hancock,
Washington,
Southampton,
Marion,
Doddridge and Tyler,
Rockbridge,
Ohio,
Nansemond,
Richmond City,
Berkeley,
Prince George and
Surry,
Goochland,
Richmond City,
Preston,
King George and
Stafford,
Elizabeth City,
Warwick, York
& Williamsburg,
Smyth,
Hampshire,
Shenandoah,
Andrew Patterson.
Lewis A. Phelps.
G. McC. Porter.
A. R. Preston.
Joshua Pretlow.
Alpheus Pritchard.
S. P. F. Randolph.
S. McD. Reid.
Nathaniel Richardson.
Nathaniel Riddick.
Wyndham Robertson.
R. K. Robinson.
George E. Rives.
John C. Rutherfoord.
D. J. Saunders.
John Scott.
John Seddon.
Joseph Segar.
Charles D. Shannon.
Robert B. Sherrard.
Wai. M. Sibert.
Taylor,
Kanawha,
Amherst,
Patrick,
Warren,
Putnam,
King William,
Caroline,
Rockingham,
Monongalia,
Frederick,
Accomack,
Pulaski,
Norfolk County,
Kanawha,
Harrison,
Isle of Wight,
Charles City,
James City
New Kent,
Bedford,
Tazewell,
Albemarle,
Greene and Orange
Northampton,
James K. Smith.
Isaac N. Smith.
Henry Smith.
John Staples.
Samuel W. Thomas.
John J. Thompson.
H. B. Tomlih.
George Tyler.
Samuel T. Walker.
John Wallace.
George V/. Ward.
Arthur Watson.
Edwin Watson.
A. S. Watts.
Isaiah A. Welch.
J. B. West.
James L. Wilson.
nd > J. M. Willcox.
G. A. Wingfield.
J. M. Witten.
Thomas AYood.
John L. Woolfolk.
George T. Yerby.
INDEX.
ABBOT, WILSON.
Resolution for relief of securities of, 136
No. 228, bill therefor, 149
ABINGDON.
Resolution for branch bank at, 137
ABINGDON AND TENNESSEE TURN¬
PIKE COMPANY.
No. 226, bill to incorporate, 148
Passed senate, 243
ABOLITION PUBLICATIONS,
Resolution concerning the suppression
of, . 75
ACTS OF ASSEMBLY.
S. B. 214, as to printing of, 248
Amended and passed, 271
ADJOURNMENT.
Resolution for, 69
Resolution as to, 98
Resolution for, sine die, 149
Resolution from senate, 179
Motion to take up resolution for, 189
Vote thereon, 189
Resolution for final, 213
Resolution for, taken up; vote thereon, 216
Resolution amended and agreed to;
vote thereon, 216
Resolution for, agreed to, 220
Resolution for, changed; time of, 250
Resolution indefinitely postponed, 254
Vote thereon, 254
Resolution for adjournment, 263
Vote thereon, 263
Final, 2S9
ADJUTANT GENERAL.
S. B. 73, giving compensation to, 196
Passed, and vote thereon, 227-8
AID SAVINGS BANK.
No. 207, bill therefor, 130
Passed, 242
Title amended, 242
See Tobacco savings bank. (Passed
senate.)
ALABAMA.
Communication from president of con¬
vention of,
68
ALBEMARLE AND FLUVANNA.
Resolution concerning boundary lines
between, 107
No. 178, bill as to,
Passed,
Passed senate,
112
116
173
ALEXANDRIA, LOUDOUN AND HAMP¬
SHIRE RAIL ROAD COMPANY.
Resolution to amend charter of, 39
ALEXANDRIA, MOUNT VERNON AND
ACCOTINK TURNPIKE CO.
S. B. 91, concerning, 142
Passed, 142
ALEXANDRIA AND WASHINGTON
RAIL ROAD.
S. B. 61, to incorporate, 121
Amended and passed, 148
Amendments agreed to by senate, 256
ALLEGHANY COLLEGE.
Petition of trustees of, 6
No. 20, bill for loan to, 22
Rejected, and vote thereon, 251
ALLEN, JOHN H.
Resolution for relief of securities of, 7, 127
AMERICAN AGENCY.
Resolution for incorporation of, 89
S. B. 84, to incorporate, 206
Motion to postpone indefinitely, and
vote thereon, 219
Amended and passed, 2:15
Vote thereon, 235
Amendments agreed to by senate, 253
AMHERST AND NELSON WOOLEN
COMPANY.
S. B. 90, to incorporate, 121
Passed, 135
AMBLER OIL AND COAL COMPANY.
S. B. 57, to incorporate, 98
Passed, 98
ANDERSON, WILLIAM.
Resolution for relief of,
127
ANNUAL TABULAR STATEMENTS
FROM BANKS.
Resolution as to repeal of law as to, 136
ANSWERS IN EQUITY.
No. 161, bill as to, 96
ANTHONY, ABNER, Sen.
S. B. 117, for relief of, 180
296
INDEX.
APPOMATTOX COUNTY.
Resolution for purchase of arms by, 37
Petition therefor, 37
APPROPRIATIONS.
No. 197, bill making, 125
Taken up, 226
Amended, and vote thereon, 226
Amended, and vote thereon, 232
Passed, 246
Vote thereon, 246
Passed senate with amendments, 256
Amendments concurred in, 263
APPROPRIATIONS TO INTERNAL
IMPROVEMENTS.
Resolution to suspend unexpended, 44
ARMING THE COUNTIES.
S. B. 19, therefor, 61
Read first and second times, 61
Amendments thereto, 61
Amendment by Mr. Bass, and vote
thereon, 61-2
Bill passed, 62
ARMORY COMMISSIONERS.
Resolution as to accounts of, 60
Resolution asking information from, 185
ARMORY.
Communication from superintendent
of, 144
Resolution concerning manufacture of
arms at, ( 243
Joint resolution amended and passed, 266
Communication of George W. Ran¬
dolph, 267
ARMS.
Resolution for equitable division, 13
ARMS (MOVEMENT OF), ETC.
Resolution by Mr. Robertson, 245
Amendment submitted, 215
Amendment to amendment, 245
Vote thereon, 245
Vote on amendment, 246-7
Resolution agreed to, vote thereon, 247
Resolution agreed to by senate with
amendments, 252
Resolution with amendments taken up, 254
Amendment, 254
Indefinite postponement moved, and
vote thereon, 255
Resolution taken up, 256
Motion to postpone, and vote thereon, 256
Amendment agreed to, 257
Motion to adjourn; vote, 257
Point of order, 257
Overruled, 258
Appeal, 258
Call of house, 258
Members absent, 258
Motion for adjournment; vote, 258
Members excused, 258
Sergeant at arms directed to summons
members, 259
Decision of chair overruled, 259
Amendment by Mr. Yerbv, 259
Rejected, and vote thereon, 260
Motion to adjourn, 269
Resolution amended and agreed to, 260
Vote thereon, 261
Amendments agreed to by senate, 264
ARNOLDSBURG AND SANDY TURN¬
PIKE COMPANY.
No. 17, bill to incorporate, 19
ARSENAL.
Resolution for, in northwestern Vir¬
ginia, 11
Resolution for, at Danville, 12
ASBURY.
Resolution to incorporate town of, 113
No. 199, bill therefor, 129
Passed, 224
Passed senate, 230
ATKINS, ENOCH.
Resolution for relief of, 5
No. 24, bill for relief of, 22
Passed, and vote thereon, 210
Passed senate, 230
ATTORNEYS FOR COMMONWEALTH.
S. B. 72, concerning, 134
ATTORNEY FOR OHIO CUUNTY.
No. 78, bill to increase compensation of, 59
Passed, and vote thereon, 240-41
Passed senate, 248
AUDITOR OF PUBLIC ACCOUNTS.
Communication from, 164
AUDITOR'S OFFICE.
S. B. 47, increasing number of clerks
in,
AVIS, JOHN.
Resolution for relief of,
No. 221, bill therefor,
134
137
144
BALTIMORE AND FREDERICKS¬
BURG STEAM BOAT COMPANY.
S. B. 119, to incorporate, 142
Passed, 142
BANKS.
Resolution concerning quarterly state¬
ments of, 57
Resolution as to inexpediency of in¬
corporating new, 56
Resolution for repeal of act in relation
to specie payments by, • 7
BANK CAPITAL.
No. 196, bill for bonus on, ,125
BANK AT ALEXANDRIA.
S. B. 116, to authorize certain banks
to establish branch at, 147
BANK OF CHARLESTON.
No. 149, bill to amend charter of, 89
Amended and passed, 213
INDEX.
297
BANK OF COMMERCE.
S. B. 122, to amend, charter of, 161
Passed, 161
BANK OF COMMONWEALTH.
S. B. 42, to amend charter of, 92
Passed, 101
BANK DIRECTORS.
Resolution as to,
50
BANK OF HOWAR DSVILLE.
Resolution to amend charter of, 28
No. 115, bill therefor, 79
Passed, 113
Passed senate, 124
BANK AT LEBANON.
Adverse report to establishment of,
BANK IN LIBERTY.
S. B. 55, establishing branch,
Rejected,
BANK OF MORGANTOWN.
Resolution to amend charter of,
130
121
137
24
BANK NOTES IN TREASURER'S
OFFICE.
S. B. 225, authorizing destruction of, 211
Passed, 211
BANK OF THE OLD DOMINION.
S. B. 276, to amend charter of, 268
Passed, 269
BANK OF PARKERSBUKG.
S. B. 227, to incorporate, 207
Passed, . 208
BANK OF PHILIPPI.
S. B. 42,'to amend charter of, 92
Passed, 101
BANK IN PORTSMOUTH.
Resolution for, 36
Adverse report to establishment of, 86
BANK IN RANDOLPH COUNTY.
Resolution for incorporation of, 46
BANK, OF RAVENSWOOD.
Resolution to amend charter of, 32
No. 148, bill to amend charter of, 89
. BANKS (RELIEF OF).
No. 77, bill for relief of, 56
Road first time, 56
Taken up, 86
Motion to recommit; vote, 87
Ryder, and voto thereon, 87
Bill passed, 87
Bill to be returned, 94
Bill returned from senate, 95
Passed, and vote thereon, 95
Passed senate with amendments, 152
Amendment of senate disagreed to, 154
Vote thereon, 154
Bill laid on table, 154
Proceedings thereon, 165-7-8
38
Bill returned from senate, 169
Amended, 169
Amendment by Mr. Keen; vote, 170
Amendments agreed to by senate, 170
BANK OF RICHMOND.
Resolution for amendment of charter of, 5
No. 116, bill therefor, 79
Passed, 224
Passed senate, 230
BANK OF S C OTTSYILLE.
Resolution as to amendment of charter of, 33
No. 114, bill therefor, 79
Passed, 120
Passed senate, - 173
BANK OF THE VALLEY.
Resolution concerning branch of, in
Richmond, 69
No. 129, bill amending act concerning
branch of, 84
Passed, 230
Passed senate, 243
No. 133, bill to extend charter of, 84
Passed, 215
Passed senate, 236
BANK OF VIRGINIA.
No. 131, bill to extend charter of, 84
Passed, 215
Passed senate, 236
BANK OF WHEELING.
Resolution to amend charter of, 145
BARBOUR, JAMES.
Excused from service on finance com¬
mittee, 11
BASTABLE, A. M.
Adverse report to petition of, 195
See Upshur.
BATES, E. B.
Resolution concerning commissioner of
Lee, 97
BATH.
Resolution to amend charter of town of, 82
No. 121, bill therefor, 83
Passed, 113
Passed senate, 133
BATTALION IN ALBEMARLE.
S. B. 157, to organize, 253
Passed, 253
Petition of,
BEAR, A. J.
BELLEVILLE AND WILLIAMSPORT
-TURNPIKE.
S. B. 467, rvithdrawn and referred, 47
No. 177, bill concerning, 107
BERKELEY BORDER GUARDS AR¬
MORY COMPANY.
Resolution for incorporation of, 7
No. 22, bill to incorporate, 22
298
INDEX.
Passed,
Passed senate,
112
182
BERKELEY SPRINGS SAYINGS BANK.
No. 86, bill to incorporate, 59
Bill passed, 119
Passed senate, 124
BERRYVILLE AND CHARLESTOWN
TURNPIKE.
Resolution as to change of charter of, 165
Bill therefor, 195
Passed, 271
Passed senate, 277
BETHANY.
Resolution to amend charter of town of, 27
Petition therefor, 27
No. 33, bill therefor, 31
Passed, 116
Passed senate, 138
BEVERLEY AND MORGANTOWN
ROAD.
No. 169, bill as to, 99
BIG WHEELING CREEK AND PENN¬
SYLVANIA LINE TURNPIKE CO.
Resolution for incorporation of, 30
BILL (A SLAVE).
S. B. 260, for pardon of,
Passed, and vote thereon,
BIBB, K. F. & D. G.
Petition of,
268
269
100
BIRTHS, MARRIAGES AND DEATHS.
No. 96, bill concerning, 68
Passed, 175
Passed senate with amendments, 198
Amendments agreed to, » 199
BLACKSBURG, FINCASTLE AND CA¬
TAWBA CREEK TURNPIKE CO.
Resolution as to change of charter of, 27
No. 182, bill as to, 182
Passed, and vote thereon, 218
Title amended, 218
Passed senate, 223
BLACK LICK AND PLASTER BANK
TURNPIKE.
Petition for extension of, 37
No. 72, bill therefor, 56
S. B. 170, amending charter of, 196
Passed, 199
BLACK'S AND WHITE'S RAIL ROAD.
Resolution for incorporation of, 29-30
No. 117, bill therefor, 81
BLANCH, W. H.
Resolution for relief of securities of, 8
No. 63, bill therefor, 48
Passed, and vote thereon, 122-3
Passed senate, 173
BLAND (COUNTY OF).
No. 69, bill to establish, 56
Passed, 178
Vote thereon, 178-9
Passed senate with amendments, 250
Amendments agreed to, 254
BOLEY, PITMAN.
Petition for relief of, 61
Adverse report, 162
BOOKS OF MILITARY INSTRUCTION.
No. 210, bill providing for,
BOOTH, M. G.
S. B. 27, for relief of,
Passed with amendments, and vote
thereon,
Amendments agreed to by senate,
BOND, JAMES A.
Resolution for relief of,
BORDER COUNTIES.
Resolution as to arming the,
135
152
210
213
31
23
BOTETOURT COUNTY.
Petition for change of circuit courts in, 170
Proceedings of public meeting in, 13
Motion to enter upon journal, 13
For resolutions, &c. see documents.
BOYD, RICHARD.
Resolution for relief of estate of,
BOWYER, GEORGE C.
Petition of,
Adverse report,
146
44
153
BRANCH BANK AT JEFFERSON-
VILLE.
S. B. 113, establishing, 164
Passed, 25
BRAXTON COUNTY.
Resolution as to portion of, to be at¬
tached to Gilmer,
Petition therefor,
57
57
BREADSTUFFS.
Resolution as to repeal of license to sell, 32
Adverse report thereto, 68
BRIDGE.
Resolution for, across'Little Kanawha,
Resolution for, across Walker's creek,
BRIGADE INSPECTORS.
Resolution as to,
BROOKE AND HANCOCK.
Resolution as to roads and bridges in,
No. 276, bill therefor,
Passed,
Passed senate,
BROOKE COUNTY.
Proceedings of public meeting in,
74
100
23
Petition of,
BROWN, DIXON.
131
27*
271
271
45
180
INDEX.
299
BROWN'S GAP TURNPIKE COMPANY.
No. 92, bill to amend charter of, 68
Passed, 215
Passed senate, 220
BROMER, HIRAM.
Resolution for relief of, 11
BROWNING, REESE.
S. B. 212, for relief of securities of, 206
Passed, and vote thereon, 207
BUNTING, THOMAS C.
Resolution for relief of, .. 9
Adverse report to petition of, 68
BURNING SPRING AND OIL LINE
TURNPIKE COMPANY.
S. B. 220, incorporating; passed, 187
BURNING SPRING AND OIL LINE
RAIL ROAD COMPANY.
S. B. 193, to incorporate, 198
Passed, 200
BURK, WASHINGTON.
Resolution for relief of,
40
BURKE, R W.
Vote of thanks to, as second doorkeeper, 288
BURRUSS, II. D.
Yote of thanks to, as first doorkeeper,
288
BURT, HENRY POTTER, AND OTHERS.
S. B. 274, to authorize them to hold
certain land, 269
Passed, 275
CABELL COUNTY PETROLEUM
COMPANY.
S. B. 257, incorporating, 268
Passed, 269
CACAPON AND NORTH BRANCH
TURNPIKE.
No. 89, bill to transfer to Hampshire
county, 68
S. B. 236, transferring, &c. 220
Amended, and vote thereon, 220
Amendment agreed to by senate, 226
CAMPBELL, JOHN L.
Petition of, 70
CAMPBELL, J. W.
Resolution for relief of, 7
No. 10, bill fixing mode of settlement
with, 17
Passed, and vote thereon, 103
Passed senate, 180
CAPITOL.
Resolution concerning painting of, 86
CAPON SPRINGS COMPANY.
Petition for incorporation of, 13
CAPPER SPRINGS COMPANY.
No. 34, bill to incorporate, 31
Passed, 116
Passed senate, 173
. CARRIER, JESSE.
Resolution for relief of, 165
CARROLL COUNTY.
No. 230, bill to annex part of, to Gray¬
son, 153
CARROLL MINING AND MANUFAC¬
TURING COMPANY.
No. 229, bill to incorporate, 149
Passed, 215
Passed senate with amendments, 264
Amendments agreed to, 265
CARSCADON, JAMES, ET AL.
Resolution for relief of,
CASEY, CHARITY.
S. B. 20, for relief of,
Passed,
32
85
86
CALDWELL, JOSEPH.
No. 156, bill to exempt lands of, from
taxation,
CALENDAR.
Resolution for,
CALL OF HOUSE.
Members absent,
Further proceedings dispensed with,
Members noted as absent,
Further proceedings dispensed with,
CAMERON (TOWN OF).
No. 21, bill to incorporate,
Passed,
Passed senate,
95
100
156
156
193
193
22
113
CECIL, WITTEN, ET AL.
Resolution for relief of, 80
CENTRAL BANK OF AHRGINIA.
Petition for renewal of charter, 137
No. 223, bill to extend charter of, 153
Passed, 218-19
Passed senate, 237
CENTRAL SAVINGS BANK OF THE
CITY OF RICHMOND.
S. B. 222, to incorporate, 264
Passed, 265
CHAMBERS, ROBERT.
S. B. 175, for relief of sureties of, 198
Passed, and vote thereon, 200
CHANCELLOR, THOMAS.
S. B. 168, allowing, to erect wharf, 198
Passed, 200
CHANGE OF COURTS.
S. B. 2, for change of circuit courts of
Henrico, &c. 35
CHAPMAN, RICHARD (MAJOR).
124 1 Resolution for relief of,
46
3,00
INDEX.
Petition of, 131-2
Adverse report, 135
CHARLESTON.
No. 155, bill to amend charter of, 95
Passed, 214
Passed senate, 220
CHARLESTON AND ELK RIVER
ROAD.
Resolution as to incorporation of, 45
CHARLOTTE COUNTY.
Resolution to authorize, to arm volun¬
teers, &c. 44
CHATHAM HILL.
No. 255, bill for sale of lot at,
17*
CHESTERFIELD CAR, LOCOMOTIVE
AND AGRICULTURAL IMPLEMENT
MANUFACTURING COMPANY.
S. B. 108, to incorporate, 147
Passed, 214
CHRISTIANSBURG.
Resolution to incorporate town of, 28
No. 35, bill therefor, 31
Passed, 116
Passed senate, 198
CHURCH IN PORTSMOUTH.
No. 71, bill for deed of trust by, 56
Passed, 116
Passed senate, 134
CHURCH LOT IN HALIFAX.
Resolution for sale of, 108
No. 208, bill therefor, 130
CITIZENS INSURANCE COMPANY.
Resolution to incorporate, 103
No. 183, bill therefor, 115
CLAIBORNE, L. (DECEASED).
Resolution for relief of heirs of, 29
CLARKSBURG AND WHEELING
TURNPIKE.
Resolution to amend charter of, 62
No. 93, bill to amend charter of, 68
CLAY AND KANAWHA.
Resolution as to boundary between, 205
CLERGY.
Resolution to invite, to open sessions
with prayer, 89
CLERKS OF COURTS.
Resolution as to compensation of, 131
CLERK OF THE PENITENTIARY.
No. 190, bill to increase salary of, 1J 9
See Petition of Jones.
CLERKS OF SENATE AND HOUSE
OF DELEGATES.
Resolution for compensation to, 90
Resolution for compensation to, 234
Committee,
No. 274, bill therefor,
Passed, and vote thereon,
Passed senate,
QILINE, JOSEPH.
Resolution for relief of,
COAL BANKS.
Resolution as to rights of way from,
234
234
249
256
31
132
COAL OIL MANUFACTURING CO.
Resolution for incorporation of, 26-7
COAL AND OIL COMPANY OF
^ BRAXTON COUNTY.
S. B. 176, to incorporate, 198
Passed, 200
COAST DEFENCES.
Resolution as to, 13
COCHRAN, J. H.
Petition of, 69
Adverse report to petition of, 89
CODE OF VIRGINIA.
Resolution as to expenses of publica¬
tion of, 36
S. B. 80, to pay for, 129
Amended, passed, and votes thereon, 231-2
Amendment agreed to by senate, 243
Resolution for change in ch. 157, $ 18, 39
Resolution for amending ch. 112, § 63, 63
No. 68, bill to amend ch. 212, § 11, 55
Resolution to amend ch. 26, § 20, 62
Resolution to amend ch. 192, 6 45, 85
S. B. 132, to amend ch. 149, § 1, 226
Resolution to amend ch. 150, § 6, 7, 108
No. 238, bill to amend ch. 83, § 45, 162
Passed, 242
Passed senate with amendments, 262
Amendments agreed to, 262
Resolution to amend ch. 38, § 36, 70
Resolution to amend eh. 200, § 8, 75
Resolution to amend ch. 61, $ 14, 79
Resolution to amend ch. 101, $ 21, 80
Resolution to amend ch. 178, § 5, 149
Resolution concerning validity of, 47
S. B. .138, to amend ch. 61, § 23, 190
Amended and passed, 205
Amendment agreed to, 211
No. 253, to amend ch. 198, § 31, 178
Ch. 198, § 31 amended, 267
Title amended, 267
Passed senate, 267
S. B. 229, to amend ch. 109, § 15, 248
Passed, 255
Resolution to repeal sundry sections of
ch. 6, 150
Resolution as to change of 3d and 4th
sections of chapters 85 and 95, 149
Resolution to repeal ch. 206, § 7, 147
Resolution to amend ch. 191, § 15, 137
Resolution as to ch. 170, $ 3, 137
Resolution as to ch. 61, 101
Resolution for repeal of ch. 144, § 9, 101
Resolution for amending ch. 134, 60
Resolution to amend ch. 200, § 6, 145
Adverse report to repealing ch. 144, $ 9, 130
INDEX.
301
Adverse report to amending ch. 200, § 8, 130
See Ritchie & Dunnavant.
No. 104, bill amending ch. 39, as to taxes
on collateral inheritances, &c. 74
No. 198, bill repealing ch. 87, § 21, 126
No. 76, bill to repeal certain sections of
ch. 58, 56
No. 203, bill to amend ch. 38, § 36, 130
S. B. 162, to amend ch. 26, § 43, 190
No. 185, to amend ch. 58, § 29, 115
No. 151, bill amending ch. 45, § 8, 9, 10, 93
COERCION OF A STATE.
Resolution as to the, 4
Substitute therefor (see errata), 291-2
Committer appointed thereon, 4
Report of committee, 9-10
Vote thereon, 10
Resolution as to, agreed to by senate, 16
COIN.
Resolution as to, in banks, 137
COLEMAN, R. S.
No. 153, bill for relief of, 93
COLERAINE MINING AND MANU¬
FACTURING COMPANY.
S. B. 140, to incorporate, 157
Passed, 214
COLLATERAL INHERITANCES.
No. 104, bill concerning, passed, 278
See Bank dividends.
COLLEGES.
Resolution for Code and Acts of Assem¬
bly to be sent to, 205
Resolution concerning appropriations to, 115
No. 193, bill making appropriations to
certain, 122
COLPORTEURS.
Resolution as to exemption of, from
taxation, 5
COMMERCE, MINING AND MANU¬
FACTURES.
Resolution as to, 118
Committee appointed, 118
COMMISSIONERS FROM ALABAMA.
Credentials of, presented, 12
Committee appointed to confer with, 12
Report of committee, 35-6
Received by the general assembly, 42
Response to, 70
Resolution requesting copy of address
from, 47
COMMISSIONERS.
Resolution for compensation to, 89
No. 191, bill for payment, of, 119
Passed, and vote thereon, 172
Passed senate with amendments, 198
Amendments agreed to, 199
COMMISSIONERS OF REVENUE.
S. B. 5, as to qualification of, 36
Passed, 42
Resolution for increase of compensa¬
tion to, in certain counties, 244
Committee, 244
No. 279, bill therefor, 246
Passed, and vote thereon, 270
COMMITTEES.
Vacancies in, filled, 15
COMMONWEALTH SAVINGS BANK.
S. B. 180, to incorporate, 198
Passed, 200
COMMONWEALTH.
Resolution as to vote of, in internal im¬
provement companies, 113
COMPENSATION TO TEACHERS.
Resolution concerning, 127
CONAWAY, JOHN.
Petition of, referred, 36
No. 137, bill therefor, 86
Passed, 215
Passed senate, 220
CONDUCTORS OF ELECTIONS.
Resolution as to compensation of, 33
CONDEMNED SLAVES.
Governor's message as to, referred, 85
No. 188, bill providing compensation to, 117
CONFERENCE OF STATES.
Report of commissioners,
181
CONNELL, JAMES S. ET AL.
S. B. 38, for relief of, 124
Passed, and vote thereon, 240
Amendments agreed to by senate, 248
CONNELLY, JEREMIAH.
Resolution for compensation for arrest¬
ing a lunatic, 26
CONSTITUTION.
Resolution as to 19th clause of 4th ar¬
ticle of,
No. 45, bill therefor,
CONVENTION.
Resolution for/all of,
Motion to reconsider the vote provid¬
ing committee as to call of,
Vote thereon,
Committee appointed,
Leave to sit during sessions, and vote
thereon,
Vote, bill therefor,
Read first time,
Read second time, and vote thereon,
Motion to amend, and vote thereon,
Bill taken up,
Amendment by Mr. Thompson,
Rejected,
Amendment by Mr. Watts,
Amendment to amendment by Mr.
Keen,
Bill passed by,
Main question ordered, and vote thereon,
31
42
9
9
10
10-11
15
15
15
15-16
18
18
18
18
18
18
20
8b2
INDEX.
Amended, and amendment thereto
withdrawn, 20
Amendment by Mr. Keen, 21
Amendment to amendment by Mr.
Duckwall, 21
Rejected, 21
Amendment by Mr. Keen agreed to, 21
Vote thereon, 21
Motion to suspend rules, and rote
thereon, 21-2
Debate on bill restricted, 23
Amendment restricting members of
legislature from service in, 24
Agreed to, and vote thereon, 24
Amendment by Mr. Haymond, 25
Vote thereon ; bill engrossed, 25
Passed, and vote thereon, 25
No. 6, bill passed senate with amend¬
ments, 30
Amendments concurred in, 30
Resolution for printing act convening, 34
Resolution for hall for, 92
Agreed to by house of delegates, 93
Committee, 93
Members of, invited to privileged seats, 126
Tender of ball to; rejected, 138
Resolution for call of a new, 203
Vote thereon, 203
COOK, WASHINGTON.
Adverse report to petition of, 115
COOPER, HENRY.
No. 56, bill for relief of, 48
COUPONS (LOST).
No. 154, bill as to, 93
Absolving treasurer from liability, 213
Passed senate with amendments, 253
Amendments agreed to, 253
COURTNEY, J. R.
S. B. 50, for relief of securities of, 134
Amended, passed, and vote thereon, 141
Amendments agreed to by senate, 144
COVE CREEK LEAD, COPPER AND
IRON MANUFACTURING CO.
S. B. 172, to incorporate, 197
Passed, 199
COVINGTON AND OHIO RAIL ROAD.
Petition of contractors, 63
Resolution for information from Board
of public works, - 63
No. 171, bill suspending sale of state
bonds, &c. 102
Laid on table, 131
Amended, and vote thereon, 143-4
Engrossed, 144
Rejected, and vote thereon, 146
Vote reconsidered, 146
Taken up, 163
Ryder, 163
Bill rejected, and vote thereon, 163
Reconsidered, and vote thereon, 163-4
Order of day, 164
Bill concerning, rejected, 184
Vote thereon, 184
Resolution concerning, 184
Reconsidered, and vote thereon, 186
Engrossed, reconsidered, and amend¬
ment submitted, 186
Passed, and vote thereon, 219
Passed senate with amendments, 263
Amendments of senate amended, 267
Resolution concerning, 273
Passed, and vote thereon, 273
Appeal from decision of chair, 274
Chair sustained, 274
Agreed to by senate, 275
COX, RICHARD, ET AL.
Resolution for relief of, 79
Adverse report to, 93
CROLLY, HUGH, ET AL.
S. B. 10, for relief of, 77
Passed, 78
CROWDER, P. B.
Resolution for relief of, 103
No. 250, bill therefor, 175
CROXTON, W. S.
S. B. 251, for relief of representative of, 264
Passed, and vote thereon, 255
CRUTCHFIELD, O. M.
Vote of thanks to, as speaker, 288
CULPEPER COUNTY.
Proceedings of public meeting in, 23
CUNNINGHAM, BENJAMIN.
Resolution for relief of, 8
No. 181, bill for relief of, 112
DAMAGES AGAINST SHERIFFS.
Resolution concerning, 69
DANVILLE.
Resolution concerning circuit court in, 107
No. 211, bill therefor, 139
Passed, 171
Passed senate, ■ 174
Petition for chain gang in, 69
No. 165, bill for better government of, 99
Passed, 241
Passed senate, 252
DANVILLE BANK.
S. B. 136, to amend charter of, 157
Passed, 157
Vote thereon, 157-8
DAVIS, MOSES.
Petition of, 69
DAVIS, CHARLES C.
Resolution for relief of, 127
DAVIS, GEORGE W.
Resolution for relief of, 91
DAVIS, WILLIAM F.
Committee on finance discharged from
petition of administrator of, 60
INDEX.
DAVIS, THOMAS K.
Resolution for relief to the securities of, 90
8. B. 161, for relief of sureties of, 1 194
Passed, and vote thereon, 209-10
DEAF, DUMB AND BLIND NEGROES.
S. B. 114, for amelioration of condition
of, 175
Passed, 187
DEBATE.
Resolution as to, 224
DEER.
Resolution as to hunting of, in Pendle¬
ton, 60
DEFENCE OF STATE.
Resolution as to, 9
Resolution for raising money for, 11
Resolution for raising one million of
dollars for, 22
No. 58, bill appropriating one million
for, 48
Read first time, 48
Read second time, engrossed, passed,
and vote thereon, ( 58
Passed senate with amendments, 81
Taken up, and amendments of senate
amended,' 91
Vote thereon, 92
Amendment agreed to by senate, 94
DEFAULTING SHERIFFS (SECURI¬
TIES OF).
No. 146, passed senate with amend-
0 nients (substitute for bill for relief
of Ro. Doss), 247
Amendments agreed to by senate, 249
DEFORD, BENJAMIN AND ISAAC.
Resolution for relief of, 1 12
No. 11, bill therefor, 17
S. B. 7, for relief of, 77
Passed, and vote thereon, 77-8
DELINQUENT SHERIFFS.
Resolution as to, .181
Resolution from finance committee, 182-3
Agreed to, and vote thereon, 183
Amendment by senate to resolution
concerning, 183
Motion to postpone indefinitely, and
vote thereon, 188
Amendment agreed to, 188
DELINQUENT LANDS.
S. B. 149, concerning; passed, 190
Engrossed and passed,
Passed senate with amendments,
Amendments agreed to,
DESHAZER, A.
Resolution for relief of,
Adverse report to petition of,
W.
6-4
92
93
101
125
DICKENSON, D. S.
S. B. 86, for relief of, 164
DIRECT TRADE.
Committee on, 94
No. 251, bill to encourage, 175
DISTRICT FREE SCHOOLS.
No. 43, bill concerning, in Jefferson, 37
Passed, 159
Passed senate, 202
DIVIDENDS AND DEPOSITS.
Resolution as to unclaimed, 145
DIVISIONS AND BRIGADES.
Resolution for change of, 11
No. 257, bill concerning, 178
Passed, 214
DOGS.
Resolution as to owning of, by free ne¬
groes in Chesterfield, 63
No. 120, bill therefor, 83
DOSS, R. O.
Petition of securities of,
No. 146, bill therefor,
Bill for relief of, laid on table,
Substitute therefor,
Amended and passed,
Vote thereon,
Title amended.
Sec Defaulting sheriffs.
DRIVER, JOHN W.
Resolution for relief of,
DRUMMOND, SPENCER, Jr.
Resolution for relief of,
DUGGER, DANIEL.
Resolution for relief of,
89
212
212
224
224-5
31
149
168
DEPOSIT BANKS.
Resolution as to,
Report from,
DEPREDATIONS, ETC. ON TIDE
WATERS.
Resolution for leave for bill to amend
act as to,
Committee,
No. 53, bill therefor; read first and
second times,
Petition of,
EARLY, JOHN.
122
EASTERN LUNATIC ASYLUM.
Resolution as to salary of steward, HQ
Adverse report as to increase of salaries, 165
EASTER'S MEETING HOUSE.
Resolution concerning, 70
No. 99, bill therefor, 73
Passed, 242
EBENEZER ACADEMY.
Petition of trustees of, 144
Resolution concerning sale of, 147
No. 240, bill concerning, 165
801
INDEX
Bill passed, - 172
Passed senate, 180
EDMONDS, CELIA.
S. B. 126, for relief of, 157
Passed, and vote tliereon, 266
EDWARDS, EMORY.
Resolution for relief of; petition of, 57
No. 80, bill therefor, 59
EJECTMENT.
Resolution to reduce act of limitations in, 46
ELECTION PRECINCT.
Resolution for change of, in Rappahan¬
nock county,
Adverse report to change of,
Resolution for, in Giles county,
ELECTION LAWS.
Resolution concerning,
33
43
32
105
ELK RIVER TURNPIKE COMPANY.
Resolution for increase of capital stock, 29
No. 49, bill therefor, 43
Passed, 120
Passed senate, 128
ELK RIVER RAIL ROAD COMPANY.
No. 94, bill to incorporate,
Passed,
Petition of,
ELKINS, JOEL.
68
120
136
91
147
EMANCIPATION OF SLAVES.
Resolution concerning the,
No- 224, bill to prevent, by will,
ENGROSSED BILLS.
Resolution for withdrawal of, of last
session,
ENROLLED BILLS.
Committee on, enlarged, 149, 254
Report of committee, 204
ENTLER, P. A.
Resolution for relief of, 13
ENTLER, J. P.
Adverse report as to, 22
ERRONEOUS ASSESSMENTS.
No. 84, bill to provide correction of, 59
Passed, and vote thereon, 105
Passed senate with amendments, 187
Amendments amended and agreed to, 187
Title amended, 187
Amendments agreed to by senate, 194
EUBANK, E. M.
S. B. 224, for relief of, 254
Passed, and vote thereon, 262
EVENING SESSION.
Resolution for, 217
Taken up, amended, and vote thereon, 222
Resolution agreed to, and vote thereon, 222
EXALL, HENRY.
Resolution for relief of, 131
No. 220, bill for relief of, 144
EXCHANGE BANK OF VIRGINIA.
No. 134, bill to extend charter of, 84
Passed, 215
Passed senate, 236
EXECUTIONS.
Resolution as to property sold under, 62, 69
Resolution for valuation of property un¬
der, SO
Resolution concerning property taken
trnder, 118
S. B. 54, concerning stay of, 102
EXEMPTIONS FROM LEVY.
Resolution as to, 165
FAIRFAX COUNTY.
Proceedings of public meeting in, 38
FARLEY, P. A.
Petition of, 20
No. 25, bill therefor, 22
Passed, and vote thereon, 152
Passed senate, 173
FARMERS BANK OF VIRGINIA.
No. 132, bill to extend charter of, 84
Passed, 215
Passed senate, 236
FARMERS AND MECHANICS INSUR¬
ANCE COMPANY.
Resolution to incorporate, 107
No. 184, bill to incorporate, 115
Passed, 238
Passed senate, 248
FARMVILLE AND BUCKINGHAM
PLANK ROAD COMPANY
Resolution to amend charter of, 29
S. B. 92, to amend charter of, 128
FAUQUIER COUNTY.
Proceedings of public meeting in,
11
FAYETTE COAL AND OIL COMPANY.
S. B. 58, to incorporate, 98
Passed, 98
FAYETTE COUNTY.
Resolution as to increase of salary of
commissioner of the revenue, 40, 64
Petition concerning commissioner of
revenue, 70
FENCE LAW.
Resolution as to, 96
FENDALL, T. D.
No. 77, bill for relief of, 59
FERREL, GEORGE.
Resolution for relief of, 166
INDEX.
305
FERRIES.
Petition as to, by citizens of Harrison
county, 137
Petition as to law of, 149
FIERI FACIAS.
Resolution as to writs of, 101
FIFTEENTH JUDICIAL CIRCUIT.
S. B. 275, concerning, 263
Passed, 269
FISH.
Resolution concerning catching of, 79
No. 157, bill as to catching, 95
Passed, « 113
Passed senate, 230
FITCH, WALKER.
Petition of, 20
No. 32, bill to enslave, 30
FITZHUGH, MILTON.
Resolution for relief of securities of, 34
No. 213, bill therefor, 139
FLETCHER, ROWLAND.
Resolution for relief of, 33
FLUVANNA COUNTY.
Resolution as to expenditure of mili¬
tary fund by, 205
No. 269, bill therefor, 209
Passed, 248
FOREIGN EXPRESS COMPANY.
No. 267, bill concerning, 195
' FOREIGN INSURANCE COMPANIES.
Resolution for regulation of, 5
No. 13, bill therefor, 19
FORTS AND DOCK YARDS.
Resolution as to, 32-3
FOURTEENTH JUDICIAL CIRCUIT.
Resolution as to change of terms in, 171
No. 261, bill therefor, 180
Petition concerning assemblages of, in
Petersburg, 115
Committee on, enlarged, 136
Committee (see note), 138
FREE NEGRO CONVICTS.
Resolution as to, 137
GARDEN, T. J.
No. 125, bill for relief of, 84
GARNISHEE SUMMONSES.
Resolution as to, by justices of
peace, 39, 100, 145
GARTH, WILLIAM.
Resolutions in relation to the late, 14
GEORGIA.
Ordinance of secession, &c. 88
GILMER COUNTY.
Proceedings of public meeting in, 69
GILMER OIL MINING AND MANU¬
FACTURING COMPANY.
No. 163, bill to incorporate, 93
Passed, 120
Passed senate, 128
GILMER AND RITCHIE TURNPIKE
COMPANY.
Resolution for increase of capital of, 8
GLEN EASTERN TURNPIKE CO.
Resolution concerning, 90
No. 168, bill to amend charter of, 99
GLENVILLE AND CHARLESTON
TURNPIKE.
See Arnoldsburg and Sandy turnpike
company.
No. 17, bill rejected,
FOWLKES, P. A., ET AL.
S. B. 190, for relief of,
Passed, and vote thereon,
FRANKFORT.
Resolution to amend charter of,
Petition as to,
No. 47, bill therefor,
Passed,
Passed senate,
FRAUDULENT CONVEYANCES.
202
203
34
35
42
116
128
Resolution as to,
FREDERICKSBURG.
S. B. 189, extending limits of,
Passed,
FREE NEGROES.
Proceedings of meeting in Kanawha,
concerning,
39
166
198
200
23
GOODSON.
Resolution for savings bank at,
GORDON, WILLIAM F., Jr.
Vote of thanks to, as clerk of house
of delegates,
GOSHORN, JACOB.
Petition of,
GOVERNOR.
Proclamation of,
Committee to wait on,
Message of, Doc. No. 1,
GOVERNOR'S HOUSE.
No. 182, bill for repairs to,
GRANDSTAFF, J. J.
Resolution for relief of,
123
103
283
31
3-4
4
4
112
6,56
GRASSY LICK TURNPIKE COMPANY.
No. 91, bill to incorporate, 6ti
306
INDEX.
GRAY, R. H.
Petition of, 34
Committee of claims discharged from
petition of, 59
Adverse report to petition of, 79
GROVE, JOHN W.
No. 51, bill for relief of, 47
GUARANTEE OF NOTES.
No. 237, bill as to, by savings banks,
GUARD, HENRY.
Petition of,
GUSEMAN, JOSEPH.
Resolution concerning mill of,
Bill for relief of,
S. B. 272, to rebuild bis mill,
Passed,
GUYANDOTTE.
Resolution to amend charter of,
No. 101, bill therefor,
Passed,
Passed senate,
HAGAN, JOSEPH.
Resolution for relief of; petition of,
Adverse report to petition of,
TIAIRSTON, GEORGE.
S. B. 67, for relief of, 161
HALL, M. C.
S. B. 100, for relief of,
Passed, and vote thereon,
HALL, E. B.
jNo. 144, bill for relief of,
HAMPTON ACADEMY.
No. 164, bill concerning,
HANCOCK, N. H.
Resolution as to petition of,
HARDY AND PAGE.
S. B. 9, changing time of holding cir¬
cuit courts of,
Passed with amendments,
Passed senate,
HARPER, J. W.
Resolution for relief of,
S. B. 121, for relief of,
Passed, and vote thereon,
HARPER, J. & CO. ET ALS.
Petition of, 133
HARPERS FERRY CLAIMS.
Resolution for compensation to com¬
missioners, 236
Committee, 236
No. 275, bill therefor, 236
Passed, 270
•Passed senate, 288
Passed house of delegates, 288
HARPERS FERRY RAID.
Report of commissioners, 113
HARRIS, J. A.
Petition of, 28
HARRISON RIFLES.
Petition of, 221
HEWIT, J. ET ALS.
S. B. 76, for relief of, 124
HOGS.
Resolution as to trespasses of, 45
HOLDEN, CHARLES.
Resolution for relief of executor of, 57
No. 83, bill therefor, 59
Engrossed and passed; vote thereon, 76
Passed senate, 85
HOLLAND, LUCY.
Resolution for relief of, 90
158
20
126
227
268
269
34
73
223
226
136
165
HARVEY, N. B.
No. 23, bill for relief of, 22
Passed, and vote thereon, 151-2
Passed senate, 256
HAYTER'S GAP AND WASHINGTON
TURNPIKE COMPANY.
No. 227, bill to incorporate, 149
Passed, and vote thereon, 271
HEBREW BENEVOLENT SOCIETY.
S. B. 85, to incorporate, 121
Passed, 122
HENRICO COUNTY.
S. B. 30, authorizing loan by, for arms,
&c. 73
Passed, 73
HERALD, W. L.
Resolution for relief of, 46
No. 259, bill for relief of, 178
152
176
132
161
210-11
HIGDON, AMANDA.
S. B. 231, allowing pension,
207
HIGH CONSTABLE OF RICHMOND.
Resolution as to sales by, 91
No. 254, bill as to sales by, 178
HILLSBOROUGH BORDER GUARD.
Resolution for payment of, 60
S. B. 243, for relief of, 254
Bill rejected, and A'ote thereon, 262
HILLSBOROUGH AND CINCINNATI
RAIL ROAD.
Resolution from senate concerning, 173
HITE, HUGH H.
Resolution for relief of,
24
HOGE, CHARLES A. ET AL.
No. 59, bill for relief of, 48
Passed, 201
Passed senate, 206
INDEX.
307
No. 186, bill therefor,
Passed, and vote thereon,
Passed senate,
115
183
193
HOLLIDAY'S COVE TURNPIKE CO.
Petition of, 8
HOLLIDAY'S COVE RAIL ROAD CO.
Resolution to amend charter of, 136
No. 212, bill therefor, 139
HOME GUARD OF SCOTTSVILLE.
Resolution to furnish two field pieces, 97
Adverse report thereto, 99
HOME MINING AND MANUFACTUR¬
ING COMPANY.
S. B. 210, to incorporate, 203
Passed, 204
HOME SAYINGS BANK.
Resolution for incorporation of, 11
No. 206, bill therefor, 130
Passed, 234
Passed senate with amendments, 253
Amendments agreed to, 253
HOOVER, BENJAMIN.
Resolution for relief of, 31
No. 145, bill therefor, 89
HOPKINS AND CAMPBELL.
S. B. 48, for relief of, 156
Passed, and vote thereon, 176
HOPKINS, G. W.
Death of, announced, 173
Resolutions, 174
Resolution for payment to personal "
representative of, 266
HORNER, R. H.
Petition of,
No. 103, bill for relief of,
HOUGHS. THOMAS.
Petition of,
HUTTONSYILLE AND HUNTERS-
VILLE TURNPIKE ROAD.
S. B. 60, transferring to Randolph and
Pocahontas, 124
Petition concerning, 126
Petition as to transfer of, 141
Petition for appropriation to, 147
ILLINOIS.
Resolutions from, 154
INCOME AND SALARIES.
Resolution to exempt from taxation, 8
INDEPENDENCE MALE AND FE¬
MALE COLLEGE.
S. B. 87, to incorporate, 121
Passed, 156
INDEPENDENCE.
S. B. 256, to incorporate, 264
Passed, 265
INDEPENDENT MANUFACTORIES.
Resolution concerning, 91
Resolution from,
INDIANA.
211
HOUR OF MEETING.
Resolution as to, 126-7, 150, 189, 196
Fixed at 10 o'clock A. M. 202
HUGHES' CREEK OIL AND COAL
COMPANY.
S. B. 56, to incorporate, 98
Passed, 98
HUNLEY, THOMAS H.
S. B. 200, for relief of,
Passed,
HUNTER, LOUISA.
No. 54, bill for relief of,
226
227
48
IIURKLE, ISAAC, ET AL.
Petition of, 113
Petition of,
HURL, JOHN.
136
INDUSTRIAL SOCIETY OF WOOD.
Resolution to incorporate, 119
S. B. 137, to incorporate, 157
Passed, 215
INSPECTION OF GUANO, ETC.
S. B. 131, concerning, 194
Amended and passed, 240
Amendment agreed to by senate, 248
INSPECTION OF LEATHER.
Resolution concerning, in Hampshire
county, 205
S. B. 213, to establish, 211
Amended and passed, 221
Amendment agreed to by senate, 226
INSURANCE COMPANY OF VIRGINIA.
S. B. 210, to amend charter of, 203
Passed, 204
INTEREST ON PUBLIC DEBT.
Resolution concerning, and propor¬
tion of specie required from the
several banks, 150
INVASION OF THE STATE.
Report of auditing board, 12
IRVING, JOHN T.
Resolution for relief of, 29
Adverse report as to, 73
JACK AND BEN.
S. B. 195, to authorize pardon of, 217
Passed, 217
JACKSON COUNTY AGRICULTURAL
SOCIETY.
Resolution to incorporate, 140
308
INDEX.
S. B. 148, to incorporate, 190
Passed, 190
JACKSON, W. G.
No. 26, bill for relief of, 23
Passed, and vote thereon, 267-8
Passed senate, 277
JACKSON ORPHAN ASYLUM.
S. B. 12, amending charter of, 77
Passed, 78
JAMES RIYER BOOT, SHOE & LEA¬
THER MANUFACTURING CO.
S. B. 109, passed, 239
JAMES RIVER & KANAWHA CANAL.
Resolution as to contract for sale of, 5
Report as to sale of, 141
Resolution for additional copies of re¬
port concerning sale of, 150
Laid on table, 150
Resolution concerning'sale of, 118
Resolution in relation to sale of, agreed
to, 133
JORDAN, THOMAS L.
S. B. 40, for relief of,
152
JURORS ON CORONERS' INQUESTS.
S. B. 6, to compensate, in certain coun¬
ties, &c. 47
Passed, 47
JURORS IN LYNCHBURG.
No. 204, hill concerning,
KANAWHA COUNTY.
Proceedings of meeting in,
JAVINS, THOMAS.
Resolution for relief of, 27
No. 60, bill for relief of, 43
S. B. 8, for relief of, 82
Passed, and-vote thereon, 83
JEFFERSON INSURANCE COMPANY.
Resolution to amend charter of, ] 1
No. 1, bill to amend charter of, 14
Passed, 75
Passed senate with amendment, 275
Agreed to, 276
JOHNSON, EDWARD.
S. B. 187, for relief of, 206
Passed, and vote thereon, 207
JOINT COMMITTEE.
Resolution from senate for, on public af¬
fairs, 14
Agreed to, 14
Committee appointed, 17
JONES, J. W.
Resolution for relief of, 80
No. 166, bill therefor, 99
Passed, and vote thereon, 272
Passed senate, 277
JONES, JOHN M.
S. B. 203, for relief of, 230
Passed, and vote thereon, 230
JONES, JOHN TYLER.
Petition for change of name of, 183
JONES, H. R.
Petition for increase of salary as clerk
to the penitentiary, 45
See Penitentiary.
JONES, THOMAS L.
Petition of, 62
No. 160, bill for relief of, 96
KANAWHA SALT COMPANY,
i S. B. 253, to incorporate; passed,
KELLY, JOHN.
Communication, from Board of public
works as to,
No. 274, bill for payment of,
KENNEY, CAPTAIN.
Petition of,
Adverse report to petition of,
KENO.
Resolution concerning,
Committee,
No. 287, bill as to,
Passed,
KENTUCKY.
Resolutions from,
KINC'AID, J. D.
No. 65, bill for relief of,
KING, W. W.
No. 138, bill for relief of, passed,
Passed senate,
KING GEORGE.
Resolution as to fire in, passed,
Passed senate,
IvIPPS, JACOB.
Resolution for relief of,
130
34
253
241
263
17
20
275
275
275
278
1C7
48
242
248
202
206
131
KNOB TURNPIKE COMPANY.
Resolution as to division of, 60
No. 226, bill to amend charter of,
passed, and vote thereon, 231
KUNKEL, CHARLES II.
Petition of,
" LARUE, J. W.
Resolution for relief of,
No. 223, bill for relief of,
45
127
145
LAWFUL FENCES.
No. 124, bill concerning, 83
Passed, 242
LAUREL VALLEY COAL AND OIL
COMPANY.
S. B. 185, to incorporate, 198
Passed, 200
INDEX.
309
LAYNE, ELLEN W.
Resolution for relief of,
224
Committee,
224
No. 273, bill therefor,
227
Passed, and vote thereon,
249
Passed senate,
256
LEBANON.
Resolution for branch bank at,
90
LEBANON & NEW GARDEN TURN¬
PIKE COMPANY.
Resolution for incorporation of, 35
LEE, HARRY (GENERAL).
Petition for removal of remains of, 38
Committee appointed, 43
No. 119, bill therefor, 81
Petition for removal of remains of,
140, 49, 50
Passed, and vote thereon, '240
Passed senate, 247
Petition as to, withdrawn, 278
LEE, SAMUEL E.
Petition of, referred, 38
Adverse report to petition, 221
LEESBURG AND ALDIE TURNPIKE
COMPANY.
No. 174, bill to incorporate, 104
Passed, 241
LEESBURG AND POINT OF ROCKS
TURNPIKE COMPANY.
No. 175, bill to incorporate, 105
Passed, 278
LESTER, JOHN.
Resolution for relief of, 13
LEWIS, JOHN E.
Resolution for relief of sureties of, 62
LEWISBURG FEMALE INSTITUTE.
Resolution as to amending charter of, 26
No. 42, bill therefor, 37
Passed, 113
Passed senate, 123
LICENSES.
Resolution for change of law regulating, 37
No. 14, bill as to, 19
Petition as to license to vessels retail¬
ing wood, 75
No. 98, bill concerning oath for, 08
Indefinitely postponed, 223
LINDSAY, A. L.
Resolution for relief of, 140
Adverse report, 163
LINE OF STEAMERS.
Resolution as to, from City Point,
150
LITTLE KANAWHA MINING AND MA¬
NUFACTURING COMPANY.
S. B. 141, to incorporate, 160
Amended and passed, 229
Amendment agreed to by senate, 236
LITTLE KANAWHA NAVIGATION
COMPANY.
Resolution as to, 6
No. 19, bill therefor, 80
Passed, and vote thereon, 160
Passed senate, 198
LIVERY STABLES.
Resolution as to tax on, 137
LOCH LEVEN RANGERS.
S. B. 173, concerning, 196
LOGAN.
Resolution for additional allowance to
commissioner of revenue, 116
LOST COUPONS.
Resolution for payment of, 29
No. 66, bill for payment of, to Bank of
Racine, 48
No. 67, bill for payment of, to Exchange
Bank, 48
Passed, 272
Passed senate, 277
LOUDOUN.
Resolution to amend road law in, 62
No. 179, bill therefor, 112
To amend act concerning county roads
in; passed, 214
Passed senate, 220
LOUDOUN AND HAMPSHIRE RAIL
ROAD COMPANY.
No. 180, bill to amend act of I860, 112
LOVE, B. W. AND J. BURNETT.
Petition of, 12.
No. 48, bill for voluntary enslavement
of, 42
Referred to committee on free negroes, 136
LUNATICS.
Resolution concerning estates of.
107
LUNATIC ASYLUMS.
Resolution for change of names of, 46
No. 108, bill therefor, 74
Passed, 227
Passed senate, 237
LYBROOK, S. E.
S. B. 99, for relief of, 152
LYNN AND COMPTON.
S. B. 218, for relief of, 206
Passed, and vote thereon. 207-8
LYNCHBURG ARMS AND ENGINE
MANUFACTURING COMPANY.
S. B. 63, to incorporate, 121
Passed, 122
LYNCHBURG COLLEGE.
Petition of trustees of, 90
LYNCHBURG AND NORTH CAROLINA
RAIL ROAD.
No. 18, bill to incorporate, 20
310
INDEX.
Resolutions from,
MAINE.
McCORMICK, THOMAS.
106 Adverse report,
MANCHESTER SAYINGS BANK.
S. B. 71, to incorporate, 121
Passed, • 135
MANASSAS GAP RAIL ROAD CO.
S. B. authorizing loan to, by Rocking¬
ham, 146
Passed, 146
MANUFACTURES.
No. 187, bill to encourage, 115
MARION.
Resolution to amend charter of, 206
Passed, 237
Passed senate, 248
MARION MAGNETIC IRON COMPANY.
S. B. 110, to incorporate, 161
Passed, 161
MARSHALL COUNTY.
Petition as to road law in, 126, 141
Petition against repeal of road law, 115
Petition on same subject, 115
No. 243, bill as to county roads, 168
MARSHALL COUNTY OIL AND
MINING COMPANY.
Resolution to incorporate,
No. 270, bill to incorporate,
MARTIN, W. S.
No. 260, bill for relief of,
MARTIN SBURG.
Petition as to charter of,
No. 141, bill therefor,
206
212
178
85, 150
89
MASON CITY MINING AND MANU¬
FACTURING COMPANY.
S. B. 147, to amend act incorporating, 190
Passed, 190
MAURY, R. H. ET AL.
Petition of,
No. 159, bill for relief of,
MARYLAND.
Letter from governor of,
88
MARYLAND AND VIRGINIA COAL
OIL COMPANY.
S, B. 133, to incorporate, 175
Passed, 175
MARYSVILLE PLANK ROAD.
S. B. 24, transferring, 77
Passed, and vote thereon, 99
MAYO'S GUIDE.
S. B. 106, to distribute, to coroners, 152
Passed with amendment, 215
Amendment agreed to by senate, 220
McCORMICK, CHARLES.
Petition of, 79
Mcdonald, a. w.
Report of,
Resolution concerning,
Agreed to,
Mcdowell.
Petition as to county seat of,
S. B. 104, providing for location of
courthouse,
Amended and passed,
Amendments agreed to by senate,
McGUIRE, ANN.
Petition concerning,
McGUIRE, J. C. & CO.
S. B. 219, for relief of,
Amended and passed,
Vote thereon,
Amendments agreed to by senate,
McCABE, E.
Resolution for relief of,
No. 15, bill for relief of,
Rejected,
Vote thereon,
McMECIIEN, ET AL.
Resolution for relief of,
No. 85, bill therefor,
162
185
243
244
133
147
170
173
145
207
208
208
213
7
19
130
131
9
59
MEADSVILLE MANUFACTURING CO.
Resolution to incorporate, 23
No. 107, bill to incorporate, 74
MERCHANTS BANK OF VIRGINIA.
S- B. 68, to amend charter of, 121
S. B. 69, to authorize branches of, 121
MERCHANTS BANK OF LYNCHBURG.
S. B. 68, passed, 135
MERCHANTS BANK.
S. B. 69, to allow branches, amended, 186
Passed, and vote thereon, 186
Amendments agreed to by senate, 190
MERCHANTS AND MECHANICS
BANK OF WHEELING.
No. 136, bill to extend charter of, 84
Passed, 215
Passed senate, 236
MERCHANTS SAVINGS BANK.
S. B. 14, incorporating, 77
Passed, 93-4
MERCHANTS' LICENSES.
Resolution as to,
163
MECHANICSVILLE TURNPIKE CO.
S. B. 4, amending charter of, 73
Passed, 101
METHODIST CHURCH IN SALEM.
Resolution authorizing deed of trust by, 171
Committee, 171
INDEX.
3U
No. 252, bill therefor,
Passed,
Passed senate,
175
229
237
METROPOLITAN GUARD OF RICH¬
MOND.
No. 271, bill to organize, 224
Passed, 273
MICHIGAN.
Resolutions from; laid on table, 143
MIDDLE FORK TURNPIKE.
No. 75, bill to provide for completion of, 26
MIDDLESEX COUNTY.
Resolution as to weights and measures
bought by, 136
No. 217, bill therefor, • 140
Passed, and vote thereon, 237-8
MONONGAHULA SAYINGS BANK.
No. 130, bill to incorporate, 84
Passed, 230
Passed senate, 243
MONTGOMERY FEMALE COLLEGE.
Resolution for incorporation of, 8
No. 8, bill therefor, 76
Passed, 94
Passed senate, 198
MIDDLETOWN.
S. B. 130, amending charter of,
MILITARY DUTY.
Resolution for exemption from,
Adverse report to resolution of ex¬
emption,
MILITIA FINES.
Resolution as to delinquent, in Jeffer¬
son county,
Resolution as to, in Rockingham,
Adverse report (Rockingham),
157
107
112
27
100
158
MONROE, ETC.
Petition of citizens of, for road,
MONTICELLO BANK.
Resolution for branch of, at Goodson,
&c.
S. B. 135, to establish branch at Mo-
naskon; passed,
MOORE, JOHN W.
No. 102, bill for relief of,
MOORE, WILLIAM P.
Petition of,
Petition of,
MOORE, EDWARD.
86
118
157
73
100
146
MOOREFIELD.
S. B. 209, for sale of church property in, 203
MILITIA.
Resolution to vacate offices in the, 90
Petition for organization of, 127
No. 256, bill concerning organization of, 178
Indefinitely postponed, 230
No. 246, bill for better organization of, 169
No. 249, bill concerning organization of, 173
MILITIA LAWS.
No. 143, bill concerning, 89
Taken up, 151
Amended, and vote thereon, 151
Engrossed, 151
Passed, and vote thereon, 175-6
Passed senate with amendments, 206
Amendments disagreed to, and com¬
mittee of conference, 208-9
Amended, 212
Amendments agreed to by senate, 227
MILITIA OFFICERS.
Resolution for election of, 185, 221
MINING AND MANUFACTURING
COMPANIES.
No. 171, bill concerning, 102
Passed, 271
Passed senate with amendment, 288
Amendment concurred in, 288
MINNESOTA.
Resolutions from, 107
MISSISSIPPI.
Secession of, announced, 17
Passed,
MORGAN, Y. S.
Resolution for relief of,
No. 258, bill for relief of,
MORGANTOWN.
Petition for savings bank in,
204
127
178
81
MORGANTOWN AND BEYERLEY
TURNPIKE ROAD.
Petition as to repair of, 32
MORTON, W. H.
Resolution for relief of, 132
No. 218, bill for relief of, 142
Passed, and vote thereon, 276
Passed senate, 278
MOTIONS TO ADJOURN.
Vote thereon, 25-6,106,133-4,179,
181,222,232
MOTIONS ON BEHALF OF COMMON¬
WEALTH.
Resolution as to, 166
No. 262, bill therefor, 182
MOUNT VERNON INSURANCE CO.
S. B. 118, to incorporate, 147
MUKRELL, JOHN W.
Resolution to withdraw petition of, 28
S. B. 15, for relief of, 250
Passed, and vote thereon, 253
MUSTERS.
Resolution concerning, in King and
Queen,
90
312
INDEX.
NEW COUNTIES.
Resolution for change of law as to, 7
Petition for, 26, 100, 133
NEW CREEK COMPANY.
S. B. 184, to amend charter of,
Passed,
NEW JERSEY.
Resolutions from,
198
201
105
NEWPORT AND GAP MILLS TURN¬
PIKE COMPANY.
No. 167, bill therefor, 99
Passed, 241
Passed senate, 248
NEW RIYER WHITE SULPHUR
SPRINGS TURNPIKE CO.
Resolution for incorporation of, 145
No. 225, bill therefor, 148
NICHOLS, T.
S. B. 115, for relief of, 152
Passed, and vote thereon, 274-5
NORFOLK CITY.
Petition for change in charter of, 151
Petition against change in charter, 181
NORFOLK COUNTY RAIL ROAD CO.
No. 38, bill to incorporate, 31
Passed, 143
Passed senate with amendments,~ 152
Agreed to, 153
NORFOLK AND PETERSBURG RAIL
ROAD.
Resolution for construction of a branch
of, 5
No. 36, bill therefor, 31
S. B. 22, to authorize branch, 85
Passed, 86
No. 216, bill for relief of, 140
NORTH FORK RIFLE COMPANY.
Petition of, 24
NORTHWESTERN LUNATIC ASYLUM.
Resolution for appropriation to, 241
Committee, 241
No. 278, bill therefor, 241
NORTHWESTERN BANK OF
VIRGINIA.
Resolution as to change of act incor¬
porating, 46
S. B. 31, concerning agency by, 77
Passed, 79
No. 135, bill to extend charter of, 84
Passed, 2.15
Passed senate, 236
NOWLIN, EDWIN.
Petition of, 204
O'BRIEN, EMMET J.
S. B. 153, for relief of, 194
Passed, and vote thereon, 255
OFFICERS OF PUBLIC GUARD.
S. B. 74, to increase pay of, 198
Amended, passed, and vote thereon, 199-20O
Amendment agreed to, 264
OHIO.
Resolutions from, 74
Laid on table, 74
OHIO RIVER.
No. 133, bill making, lawful fence, 79
Passed, 234
Passed senate, 243
OLD DOMINION MINING AND MANU¬
FACTURING COMPANY.
S. B. 265, concerning, 268
Passed, 269
OLIPHANT, ANDREW.
Resolution concerning conveyance from, 79
S. B. 194, therefor, 198
Passed, 199
OPPENHEIMER, S.
S. B. 120, for relief of,
157
ORANGE AND GREENE.
Proceedings of public meetings in, 60-61
ORANGE AND ALEXANDRIA RAIL
ROAD.
S. B. 142, for relief of, 196
Rejected, and vote thereon, 221
Reconsidered, 221
Amended, passed, and vote thereon, 244
Amendmeht agreed to by senate, 256
ORDERS OF PUBLICATION.
Resolution as to, in court of appeals, &c. 26
No. 4), bill therefor, 41
Passed, 113
Passed senate, 128
ORDINARY KEEPERS.
Resolution as to rates of,
127
ORDNANCE DEPARTMENT.
No. 40, bill to create an, , 31
Read first and second times, 31
Passed, and vote thereon, 58
Passed seuate with amendments, 81
Amendments agreed to, 82
OSBORNE W. ET AL.
No. 126, bill for relief of, 84
OSBORNE, JOEL.
S. B. 97, as to devise by, 202
Passed, and vote thereon, 203
OVERBY, R. Y.
S. B. 16, for relief of, 77
Amended, passed, and vote thereon, 83-4
Amendments agreed to by senate, 88
OXFORD COTTON AND WOOLEN
COMPANY.
S. B. 207. to incorporate, 203
Passed, ' 204
INDEX.
313
OYSTERS.
Petition as to catching,
No. 142, bill concerning catching,
Passed,
Passed senate with amendment,
Amendment agreed to,
PACKARD, REY. J.
No. 29, bill for relief of,
Passed, and vote thereon,
Passed senate,
PAGE COUNTY.
Resolution for change of time of hold¬
ing circuit court in,
PARDONS.
Message of governor as to (Doc. No. 4),
PARIS, W.
No. 105, bill for relief of securities of,
183
89
113
182
182
23
159
173
40
37
74
PARKERSBURG CLASSICAL INSTI¬
TUTE.
S. B. 233, to incorporate, 207
Passed, 208
PATENT FROM COMMONWEALTH.
Resolution as to title under, 170
PATRICK SPRINGS FEMALE SEMI¬
NARY.
Resolution to incorporate, 29
No. 109, bill therefor, 79
Passed, 235
Passed senate, 243
Resolution concerning financial con¬
dition of. 164
Report of directors of, and agent, 197
Committee authorized to send for per¬
sons and papers, 209
Report of committee on, 212
Preamble and resolutions, 225
Committee, 225
No. 278, bill for lease of, 240
Resolution concerning, 250
Report of committee on, 252
Amendment submitted, 276
Agreed to, 277
Vote thereon, • 277
Resolution concerning, 289
Passed senate, 289
PENNSYLVANIA.
Resolutions from, " 95
Laid on table, 95
PERIERE, M. & BROTHERS.
Resolution concerning, 80
Agreed to, 115
PETERSBURG.
Petition of citizens of, 213
PETERSBURG RAIL ROAD CO..
S. B. 232, authorizing increase of stock
by, 211
Passed, 211
PETERSBURG SAVINGS AND INSU¬
RANCE COMPANY.
Resolution concerning, from senate, 187
Agreed to, 187
PATTESON, JAMES.
Resolution for relief of, 34
PAULETT, THOMAS B.
Resolution for relief of,
PAULINE (SCHOONER).
S. B. 96, releasing from fine, 177
Passed, and vote thereon, 272
PAY OF MEMBERS.
Resolution for increase of pay of mem¬
bers, 101
Postponed indefinitely, 101
PAYNE, JOHN S.
Resolution for relief of, 39
PEACE OF THE COUNTRY.
Resolution as to, 17, 19
Referred to committee, and committee
appointed, 17
Agreed to, 19
PECOR, J. B. ET ALS.
Petition of, 100
PEDIGO, LEWIS.
Petition of, 29
PENITENTIARY.
. Resolution to refer governor's message
as to, 39
40
PETIT LARCENY.
Resolution as to punishment of,
PICKENS, II. L.
Resolution for relief of securities of,
No. 128, bill for relief of sureties of,
132
32
84
PIEDMONT LAND AND IMPROVE¬
MENT COMPANY.
No. 140, bill to incorporate, 86
Amended and passed, 231
Passed senate, 243
. PILOT LAWS.
S. B. 102, to amend, on Potomac, 147
Passed, 239
PITTSYLVANIA ACADEMY.
Petition of trustees of, 35
PLANTERS SAVINGS BANK.
Resolution to amend charter of, 44
No. 194, bill to amend charter of, 125
POLICE AGENTS ON RAIL ROADS.
S. B. 45, authorizing, 152
Passed, 271
POORHOUSES.
S. B. 52, for efficient police regulations at, 95
Passed, 98
314
INDEX.
PORTSMOUTH.
S. B. 221, amending charter of, 207
Passed, 208
S. B. 8, authorizing issue of bonds by, 207
Passed, 208
PORT ROYAL.
Petition to amend charter of, 28
No. 123, bill therefor, 83
Passed, 120
Passed senate, 128
POSITION OF VIRGINIA.
Resolution from senate concerning, in
the event of a dissolution of the
Union, 67
Agreed to by house, 67
Vote thereon, 67-8
POTOMAC BRIDGE COMPANY.
Resolution to legalize certain acts of, 28
Adverse report, 89
POULSON, E. J.
No. 16, bill to release island to, 19
Passed, 104
Vote thereon, 104
Passed senate, 160
POWERS, JOHN.
Resolution for relief of,
112
PRESERVATION OF THE UNION.
Resolution as to, by Mr. Patterson, 38
PRESIDENT OF THE UNITED
STATES.
Communication from, 212
PRESTON, J. W. AND T.
Resolution for relief of, 43-4
PRESTON BANK OF VIRGINIA.
Resolution for change of charter of, 97
PRESTON COAL AND IRON CO.
S. B. 143, for relief of, 117
PRESTON AND AUGUSTA RAIL ROAD
COMPANY.
Resolution for incorporation of, 97
No. 173, bill to incorporate, 104
Passed, 252
Passed senate, 256
PRICE'S MOUNTAIN AND CUMBER¬
LAND GAP ROAD.
S. B. 65, transferring, 129
PRINCESS ANNE SAVINGS BANK.
S. B. 44, to amend act incorporating, 88
Passed, 88
PROCEEDINGS ON SUNDAY.
S. B. 125, to legalize, 168
PROTECTION OF FISHERIES.
S. B. 107, for, 124
Amended and passed, 125
Amendments agreed to by senate, 134
PROTECTION TO SLAVE PROPERTY.
No. 162, bill therefor, : 96
PROVISIONAL STATE GUARD.
No. 95, bill to create, 68
Read first time, • 68
PUBLIC BUILDINGS.
Report on, 185
PUBLIC GUARD.
See Officers of public guard.
PURCHASE OF ARMS.
Petition as to, 28
Resolution as to, by Amelia and Not¬
toway, 27
Resolution as to, by counties, 30
Resolution as to, by Essex and King
& Queen, 33
No. 79, bill to authorize county courts
to make; read first time, 39
PARKER, H. C.
Adverse report to petition of, 221
PURKINS, HENRY.
Resolution for relief of,
101
QUARTERLY STATEMENTS.
Resolution as to banks, 145
QUARTERS FOR PUBLIC GUARD.
S. B. 32, authorizing, 147
Passed, and vote thereon, 148
QUEEN'S POINT DIVISION.
S. B. 206, to incorporate, 202
Indefinitely postponed, 203-4
RAIL ROADS.
Resolution concerning dividends from, 74
Resolution for, from Northwestern Vir¬
ginia rail road to Big Sandy, 91
Resolution for right of way to Baltimore
and Ohio rail road, 91
Resolution for, in Henrico county, 97
RAIL ROAD LINES BETWEEN
BALTIMORE AND WTELDON.
S. B. 64, concerning, 123
Passed, 141
RAIL ROAD BETWEEN ALEXANDRIA
AND WASHINGTON.
S. B. 61, to amend act incorporating, 121
RAIL ROADS IN RICHMOND.
Resolution to amend law authorizing, 116
Committee, 116
No. 189, bill as to, 118
Passed, 176
Passed senate, 185
RALEIGH AND GRAYSON TURNPIKE
COMPANY.
Resolution to amend charter of, 46
No. 73, bill amending charter of, 56
INDEX.
315
RANDOLPH AND UPSHUR.
Petition of citizens of, 75
RATE OF INTEREST.
Resolution as to, 133
RATHBONE.
S. B. 261, to incorporate, 268
Passed, 269
RAY, JOHN.
Petition for relief of, 38
Adverse report, 74
REARRANGEMENT OF OFFICES IN
CAPITOL.
Resolution concerning, 81-2
Committee thereon, 83
REDMAN AND GIBSON.
Resolution for relief of,
REESE, SILAS.
Resolution for relief of,
Adverse report to petition of,
131
206
209
ONE HUNDRED AND FIRST REGI¬
MENT.
Petition of officers of, 6
No. 81, bill for payment to Company A, of, 59
See Werth, W. H.
ONE HUNDRED AND SEVENTH
REGIMENT.
Petition of, 8
ONE HUNDRED AND THIRTY-FIRST
REGIMENT.
Resolution as to trainings of, 131
EIGHTY-NINTH REGIMENT.
Resolution for compensation to, 27
Report of committee as to claim of, 48-9
Resolution concerning pay to, 118
NINETY-SEVENTH REGIMENT.
Resolution to divide, 132-3
FIFTY-SEVENTH REGIMENT.
Petition of officers of, 140
REGIMENTAL MUSTERS.
Petition of Company A, 101st regiment,
to be relieved from, 44
REPORTS FROM SAVINGS BANKS,
ETC.
No. 222, bill requiring, 145
RESOLUTIONS FROM NEW YORK.
Message of governor enclosing, 51-2
Resolution to return tliem to governor
of New York, 62
REVENUE.
Resolution concerning time of pay¬
ment of, 128
Resolution concerning payment of, 132
Adverse report to extending time for
payment, 163
REYNOLDS, B. S.
Resolution for relief of,
No. 231, bill therefor,
S. B. 163, for relief of,
Passed, and vote thereon,
RICE, E. T.
Resolution for relief of,
RICH, SILLA.
Resolution as to enslavement of,
No. 70, bill therefor,
132
153
194
194
116
45
56
RICHARDSON, ELIZABETH C.
S. B. 26, for relief of, 124
RICHMOND CITY.
Resolution to amend charter of, 8
No. 7, bill therefor, 17
Amended and passed, 186
Passed senate with amendments, 206
Amendments concurred in, 209
Resolution as to extension of corporate
limits of, 6
Petition for extension of corporate limits
of, 75
Remonstrance against extension, 34, 50,
57, 69, 75, 91, 113
RICHMOND CITY INSURANCE CO.
S. B. 46, to'Incorporate, 88
RICHMOND AND DANVILLE RAIL
ROAD.
Resolution to amend act of last session, 12
No. 39, bill therefor, 31
Passed, 105
Passed senate, 142
RICHMOND AND LIVERPOOL
PACKET COMPANY.
Resolution for incorporation of, 39
No. 100, bill therefor, 73
Passed, 191.
Passed senate, 196
RICHMOND AND YORK RIVER RAIL
ROAD COMPANY.
No. 176, bill to increase capital stock, 105
S. B. 78, to amend act incorporating, 123
Passed, and vote thereon, 124
RICHMOND COUNTY.
Proceedings of public meeting in, 57
RICKS, JOHN.
S. B. 252, for pardon of, 264
Passed, and vote thereon, 265
RITCHIE & DUNNAVANT.
Resolution concerning contract of, for
Code, 185
Letter from secretary of commonwealth,
as to contract of, 189
RIX, JAMES.
Resolution for relief of, 136
ROANOKE COLLEGE.
Resolution for loan to, 50
316
INDEX.
ROANOKE VALLEY RAIL ROAD.
Resolution for increase of capital stock
of, 30
No. 90, bill for state subscription to, 68
ROBERTSON, JOHN.
Letter from, 120
Communications from, 143, 160
ROBERTSON, ISAAC N.
Resolution as to slaves of, 96
ROBINSON, JOHN.
Petition for relief of, .. 133
No. 212, bill for relief of, 168
Postponed indefinitely, 235
ROCKBRIDGE INSURANCE COM¬
PANY.
Resolution for incorporation of, 47
No. Ill, bill therefor, 79
S. B. 256, to incorporate, 248
Passed, 248
ROCKBRIDGE RAIL ROAD.
Resolution for construction of, 5
No. 2, bill therefor, 14
S. B. 26, to incorporate, 98
Passed, 98
ROCKBRIDGE WHITE SULPHUR
SPRINGS COMPANY.
S. B. 151, to incorporate; passed, 190
ROCKY POINT LIME AND MARBLE
MANUFACTURING COMPANY.
268
269
S. B. 262, concerning,
Passed,
ROLES^ C.
Resolution for relief of sureties of,
No. 248, bill for relief of sureties of,
ROSSER, ROBERT.
Petition of,
ROUTT AND BROOKING.
Petition of,
ROUTT, A. P. ET AL.
Adverse report,
RULES OF HOUSE.
Resolution for change of,
Fifty-first rule added to,
RUSSELL, J. L.
No. 55, bill for relief of,
RUSSELL, J. A.
Petition of,
S. B. 266, for relief of,
Passed, and vote thereon,
SALE OF ARMS.
Resolution concerning, (
SALE OF MUSKETS.
Adverse report thereto,
149
169
15, 46
133
48
202
268
269
Report recommitted,
Report as to,
Resolution concerning,
Communication from governor as to,
Resolution as to, agreed to, and vote
thereon,
Resolution as to, agreed to by senate
with amendment,
Amendment agreed to,
SALES OF REAL ESTATE.
No. 64, bill as to, in favor of common¬
wealth,
SALTED PROVISIONS.
Resolutions concerning,
Petition for inspection of,
SCHOOL COMMISSIONERS.
No. 264, bill concerning, of Culpeper,
SCHOOL DIVISIONS.
Resolution concerning, in Ohio county,
No. 247, bill therefor,
SCHOONER VIRGINIA.
S. B. 216, releasing claim to fine,
Passed, and vote thereon,
SCOTT, JAMES.
Resolution for relief of,
No. 27, bill for relief of,
Passed, and vote thereon,
Passed senate,
SCOTT, JAMES K. ET ALS.
Petition of,
SCOTT, P. H.
S. B. 25, for relief of,
Passed, and vote thereon,
SCOTT, THOMAS W.
S. B. 83, for relief of,
Passed, and vote thereon,
SCOTT AND ADAMS.
S. B. 82, for relief of,
Passed, and vote thereon,
No. 127, bill for relief of,
SCLATER, JOHN.
Resolution for relief of,
104
105
108
126
235
278
278
48
122
150
188
150
169
226-7
227
11
23
159
173
113
Petition of,
SELBY, M. W.
SECOND AUDITOR.
Communication from,
SEXTON, L. ET ALS.
Petition of,
SHALON, WILLIAM.
Petition of,
Adverse report thereto,
SHEE, OWEN.
No. 51, bill granting commonwealth's
right to John Kelly's estate to,
77
78
254
262
138
138-9
84
131
85
88
133
89
89
43
INDEX.
317
Passed, and vote thereon,
Passed'senate,
159-60
173
SHEEP.
Resolution for protection of, in certain
counties, 91
SHERIFFS' BONDS.
Resolution concerning, 90
SHERIFFS.
Resolution as to damages against, 170
SHERIFF OF CULPEPER.
Resolution for relief of, 171
SHERIFF OF PITTSYLVANIA.
SMALL NOTES.
Resolution for issue of, by banks,
Resolution as to issue of,
Petition of,
SMITH. B. M.
132
166
20
Resolution concerning,
Rejected, and vote thereon,
SHELTON, WINSTON.
Resolution for relief of,
No. 214, bill therefor,
SHIP BUILDING.
No. 239, bill to encourage,
SHOBE, ISAAC.
Resolution for relief of,
No. 215, bill for relief of,
274
274
8
140
163
26
140
SHOOTING TIME PIECE MANUFAC¬
TORY.
No. 275, bill for, 266
SMITH, J. W. G.
Resolution for relief of, 24
S. B. 17, for relief of, 77
Passed, and vote thereon, 93
SNIDER, HENRY.
Petition for relief of, 38
SOUTHERN EXPRESS COMPANY.
Resolution for incorporation of, 69
No. 110, bill therefor-, 79
S. B. 217, to incorporate, 204
^.mended and passed, 211
Amendment agreed to by senate, 214
Disagreed to, 214
Amendment insisted on, 217-18
Amendment receded from, 224
SOUTHERN MANUFACTURING CO.
S. B. 94, incorporating, 121
Passed, 137
SOUTHWESTERN BANK OF VIRGI¬
NIA.
S. B. 267, to amend charter of, 268
Passed, 269
SHOW ALTER, J. H.
Petition of,
No. 61, bill for relief of,
SHUMAKER'S TOLL BRIDGE.
No. 280, bill to incorporate,
SHRYOCK, COL. C. E.
Petition of,
SIBERT, LORENZO.
Resolution as to new cannon by,
250
SOUTH WHEELING.
Resolution for sale of real estate by,
SPAULDING, J. J.
Resolution for relief of,
No. 158, bill for relief,
Passed, and vote thereon,
Passed senate,
46
29
96
256
264
20
166
SILVER RUN MINING AND MANU-
FACTURING COMPANY.
S. B. 198, to incorporate, 198
Passed, 200
SINNET, A. P.
Adverse report,
162
SIR JOHN'S RUN TURNPIKE CO.
Resolution to amend charter of,
No. 74, bill therefor,
Passed,
Passed senate,
SLAVE PROPERTY.
No. 162, •bill for protection to, passed,
28
56
172
198
234
SLAVIN'S CABIN AND SUMMERS-
yiLLE TURNPIKE.
Resolution for change of terminus of, 6
No. 3, bill therefor, 15
SPECIE.
Message from governor as to, from banks, 100
SPECIE PAYMENT.
No. 76, bill to repeal act concerning, 56
Passed, 230
Passed senate, 243
SPECIAL COURT OF APPEALS.
Resolution for organization of, 31
SPRAGUE, CAPTAIN.
Resolution for relief of,
206
SPRINGFIELD AND DEEP RUN COAL
MINING COMPANY.
S. B. 103, to incorporate, 121
Passed, 122
S. B. 215, to amend act to incorporate, 203
Passed, 204
Passed,
STAATS, J. II.
Resolution for relief of sureties of,
No. 97, bill therefor,
Passed, and vote thereon,
93 1 Passed senate,
5
68
159
174
318
INDEX.
STA FFORDS VILLE TOLL BRIDGE
COMPANY.
No. 202, bill to incorporate, 129
S. B. 123, to incorporate; passed, 157
STAPLES, JOHN.
Resolution for relief of, 28
No. 147, bill for relief of, 89
Rejected, and vote thereon, 218
Reconsidered, 218
STATE BONDS.
Resolution concerning payment of, by
contractors, 107
STATE AND NATIONAL AFFAIRS.
Report of joint committee, 43
Report of committee on, 49
Substitute by Mr. Tomlin, 49-50
Report of joint committee taken up, 52
Amendment by Mr. Newton, 52
Division of question, and vote thereon, 52-3
Vote on striking out preamble, 53
Amendment by Mr. Seddon, and vote
thereon, 53
Vote on first resolution, 54
Resolutions as adopted, 54-5
Amendment by Mr. Newton, and vote
thereon, 55
Report agreed to by senate with amend¬
ments, 64
Crittenden's amendments, and vote
thereon, 64-5
Amendments agreed to, 65
Resolutions as agreed to, 65-6
Resolutions by Mr. Seddon, 66
Votes thereon, 66-7
Resolutions submitted by Mr. Robertson,
191-2-3
STATUE OF JEFFERSON.
Resolution as to expenses concerning, 33
No. 50, bill therefor, 43
Passed, and vote thereon, 64
Passed senate, 88
STAUNTON ARMS AND ORDNANCE
COMPANY.
Resolution to incorporate, 128
No. 200, bill therefor, 129
Passed, 171
Passed senate, • 174
STAUNTON AND PARKERSBURG
ROAD.
Resolution as to superintendence of, 145
No. 276, bill therefor, 237
Passed, 255
Passed senate, 264
STAUNTON SAVINGS BANK.
Resolution to incorporate, 229
Committee, 229
No. 274, bill therefor, 229
Passed, 235
Passed senate, 243
Resolution concerning,
Adverse report to,
Petition for,
80
83
132-3
STAY OF EXECUTIONS, ETC.
S. B. 54, amendment, and vote thereon, 251
Amended, and vote thereon, 252
Indefinitely postponed, 252
STEWART, C. D.
Resolution for relief of heirs of,
STONE, SAMUEL.
Resolution for relief of,
No. 234, bill therefor,
165
150
158
STAY LAW.
Resolution for enactment of,
Resolution as to,
27
ST. PAUL'S CHURCH HOME.
S. B. 11, to incorporate, 128
Passed, 141
STRATTON, W.
Resolution for relief of, 32
Adverse report to petition of, 102
Petition of, 183
SUGGESTIONS.
Resolution as to, 170
STYER, J. Y. & CO.
Resolution for relief of, 171
SURGEONS OF MILITIA.
Resolution concerning, 101
SUSPENSION OF BANKS.
Resolution to legalize the, 6
SUSPENSION OF SALE OF STATE
BONDS.
See Covington and Ohio rail road.
SWEET CHALYBEATE SPRINGS CO.
Resolution to incorporate, 29
No. 46, bill therefor, 42
Passed, 116
Passed senate, 146
SWEET AND SALT SULPHUR TURN¬
PIKE COMPANY.
Resolution for ceding to Monroe, 35
TALIAFERRO, JOHN H.
Resolution for relief of, 7
No. 150, bill for relief of, 93
S. B. 237, for relief of, passed senate, 237
Passed, and vote thereon, 237
TATE, OSCAR H.
No. 106, bill for relief of, 74
TAYLOR, D. P.
Resolutions in relation to the late, 14
TAXATION.
No. 9, bill as to 8th section of tax bill, 17
No. 12, bill to amend 25th section of tax
bill, 17
Passed, 76
Vote thereon, 76-7
INDEX.
319
TAXES.
No. 118, bill imposing, 81
Amendment submitted and rejected, 177
Resolution as to time of payment of, by
sheriffs, 63
Amendment rejected, 181
Passed; vote thereon, 189
Passed senate with amendments, 237
Amendments of senate amended, 267
Senate recede, and insist, 275
Committee of conference appointed, 276
Report concurred in by both houses, 276
TELEGRAPH.
Resolution as to false intelligence by, 101
TENNESSEE.
Resolutions from, 95
TEXAS.
Resolution from, 143
Secession of, announced, 154
THOMAS, JAMES Y.
Resolution for relief of, 8
Adverse report to petition of, 56
THRASHER, W. A. ET ALS.
Petition of, 86
Adverse report to petition of, 169
TIBBS, EUGENIUS.
Resolution for relief of securities of, 32
S. B. 152, for relief of sureties of, 194
Passed, and vote thereon, 194
TOBACCO SAVINGS BANK.
Passed senate, 248
See Aid savings bank.
u
TOLLS.
No. 172, bill concerning, on turnpikes, 104
TOM (A SLAVE).
S. B. 53, concerning, 102
Passed, and vote thereon, 135
TOMLIN, R. W.
Resolution for relief of, 141
TONEY, FRANKLIN.
S. B. 81, for relief of, 138
TRANS-ALLEGHANY RAIL ROAD
COMPANY.
No. 201, bill to incorporate, 129
Indefinitely postponed, 264
Vote thereon, 264
TUCKER, GEORGE W.
Resolution for relief of, 23
No. 53, bill for relief of, 48
Bill passed, and vote thereon, 172
Passed senate, 196
TURNER, S. T.
Resolution for relief of securities of, 26
TURNER, RUFUS.
Petition of, 29
No. 152, bill for relief of, 93
TURNPIKE IN ALBEMARLE.
Resolution to amend act of 1800, as
to, 33-4
TURNPIKES.
Petition from Giles and Monroe coun¬
ties as to, 38
TWENTY MILE CREEK TURNPIKE
COMPANY.
Resolution for incorporation of, 38
TYLER, HIS EXCELLENCY JOHN
Communication from, 103
UNIFORM CURRENCY.
Resolution as to repeal of law as to,
46
UNION WITH NORTHERN STATES.
Resolution by Mr. Tomlin, 23, 34
Resolution by Mr. Martin of Henry, 239
Motion to postpone indefinitely, 239
Vote thereon, 239-40
37
58
196
TREASURY NOTES.
No. 44, bill for the issue of,
Passed, and vote thereon,
Passed senate with amendment,
Motion to lay on the table, and vote
thereon, 197
Amendment agreed to, and vote thereon, 197
TROOP AT PITTSYLVANIA COURT¬
HOUSE.
Resolution concerning, 205
UNION (TOWN OF).
S. B. 245, to amend charter of,
Passed,
UNIVERSITY OF VIRGINIA.
Resolution as to school of military sci¬
ence at,
UPSHUR COUNTY.
Petition concerning constables in,
USURY LAWS.
Resolution as to change of,
248
249
40
108
46
VIRGINIA ARMS MANUFACTURING
COMPANY.
S. B. 28, incorporating, 77
Passed, 79
VIRGINIA BOOT AND SHOE MANU¬
FACTURING COMPANY.
Resolution to incorporate, 39
No. 52, bill therefor, 43
Read 1st and 2d times and laid on table, 57
Ryder thereto; bill passed, 62
Vote thereon, 63
Passed senate with amendments, 81
Amendments agreed to, 82
VIRGINIA CANAL COMPANY.
No. 218, bill to incorporate,
140
320
INDEX.
Engrossed, 196
Passed, and vote thereon, 201
Passed senate with amendments, 246
Amendments agreed to, 249
VIRGINIA CAR SPRING COMPANY.
Resolution to amend charter of, 85
No. 139, bill to amend charter of, 86
S. B. 182, to amend charter of, 198
Passed, 200
VIRGINIA LIFE INSURANCE CO.
No. 122, bill amending charter of, 83
S. B. 13, amending charter of, 77
Passed, 103
VIRGINIA LUMBER COMPANY.
Resolution to incorporate, 44
No. 88, bill therefor, 68
Passed, 223
Passed senate, 226
VIRGINIA AND MARYLAND RAIL
ROAD COMPANY.
No. 195, bill to incorporate, 125
VIRGINIA MECHANICS INSTITUTE.
No. 82, bill exempting from taxation, 59
VIRGINIA MILITARY INSTITUTE.
Semi-annual examination of, 88
VIRGINIA MINERAL OIL AND COAL
COMPANY.
S. B. 146, to incorporate, 190
Passed, 190
VIRGINIA STEAM SUGAR REFINING
COMPANY.
S. B. 51, incorporating, 88
Passed, 88
VIRGINIA AND TENNESSEE RAIL
ROAD.
Resolution concerning consolidation of,
and South side rail road, &c. 103
VOLUNTARY ENSLAVEMENT.
Resolution for voluntary enslavement
of Clara, 57
No. 87, bill therefor, 68
S. B. 169, for, of Jane et als. 190
Amended and passed, 190
S. B. 59, for, of Fanny Matthews, 194
Passed, 194
S. B. 205, for, of Thomas Garland et als. 190
Passed, 190
Resohition concerning, of free negroes
from Buckingham, 103
S. B. 124, as to, of negroes from Buck¬
ingham, 161
Amended and passed, 161
Amendments to S. B. 124 agreed to
by senate, 168
Resolution concerning, 119
Resolution for, of Joshua, 127
Resolution concerning, 70,75
Amending act of 1856, 135
S. B. 169,of Jane, 190
Amended and passed, 190
Amendments agreed to by senate, 197
No. 219, bill for, of free negroes, 143
Taken up, 179
Amendment and vote thereon, 179
Amendments rejected, 179
Engrossed, 180
No. 2S8, reported as to, of slaves of
I. N. Robinson, 195
No. 219, taken up (ryder) and passed, 195
Passed senate with amendments, 243
Amendments agreed to, 244
VOLUNTEER BATTALION IN ALBE¬
MARLE.
Resolution for Scottsville and How-
ardsville companies to form, 145
No. 235, bill to form, 158
S. B. 157, passed, 253
VOLUNTEER BATTALION
(ALEXANDRIA).
To organize, 269
S. B. 271, passed, 269
Resolution as to, in Wheeling, 171
VOLUNTEER CAVALRY.
No. 245, bill to organize regiment of, 169
VOLUNTEER CAVALRY COMPANY
IN ALBEMARLE.
Resolution as to, 149
S. B. 167, organizing a, 196
Passed, 199
VOLUNTEER COMPANIES IN
WHEELING.
Resolution as to, 38
Passed senate, 134
VOLUNTEER COMPANY IN GREENE.
Resolution concerning, 127
Adverse report, 135
VOLUNTEER COMPANIES.
No. 57, bill as to, in Wheeling, 48
Passed, > 119
Resolution as to purchase of arms by, 44
Petition of, fr#m Loudoun, 60
Resolution fot formation of, in Surry
county, 44
Petition therefor, 44
Passed senate, 268
VOLUNTEER COMPANIES IN
LUNENBURG.
Resolution, 265
Committee, 265
No. 277, bill therefor, 265-6
Passed, 266
WADDELL, J. A.
Resolution for relief of, 12
\
WALDEN, JAMES.
Petition of, 38
No. 244, bill therefor, 169-
WAMSLEY, MATTHEW.
Petition of, 12
INDEX.
321
No. 28, bill for relief of, 23
Passed, and vote thereon, 159
Passed senate, 173
WEBSTER COUNTY.
Petition for change in lines of, 69
No. 112, bill therefor, 79
Passed, 123
Passed senate, 138
WEBB AND ADAMS.
S. B. 101, for relief of, 152
WERTH, W. H.
Bill 81—See 101st regiment.
Passed, and vote thereon, 270
WEST FORK MEETING HOUSE.
S. B. 241, concerning, 165
WEST LIBERTY ACADEMY.
Petition of trustees of, 17
No. 30, bill for loan to, 30
Bill passed, and vote thereon, 97
Passed senate, 180
WESTERN VIRGINIA INSURANCE
COMPANY.
Resolution for incorporation of, 26
No. 31, bill therefor, 30
Passed, 116
Passed senate with amendments, 138
Amendments agreed to, 138
WHEELING.
Resolution for military defence at, 105
WHEELING AND BELMONT BRIDGE
COMPANY.
. Petition of, 50
No. 236, bill to suspend taxation on, 158
S. B. 259, releasing from taxation, 243
Passed, and vote thereon, 243-4
WHEELING CREEK TURNPIKE CO.
No. 37, bill to amend charter of, 31
WHEELING GYMNASIUM.
Resolution for incorporation of, 100
WHITE, J. F.
Resolution for relief of, 63
WHITE AND SALT SULPHUR TURN¬
PIKE COMPANY.
Resolution for ceding to Monroe, 35
WIATT, W. ET ALS.
Petition of, 122
WILDERNESS ROAD.
No. 4, bill to improve, 15
WILLIAMS, TITUS V.
S. B. 66, granting arms to, 177
Passed, 267
41
WILLS, ALPHEUS.
Petition of, 180
WINCHESTER AND POTOMAC RAIL
ROAD.
Petition concerning, 70
Petition for connection with Manassas, 8
No. 5, bill therefor, 15
Passed, — 94
Indefinitely postponed by senate, 196
WINDER, W.
Resolution for relief of, 86
Adverse report, 135
WINSTON, P. P.
Petition of securities of, 23
Adverse report to petition of securities
of, 56
Resolution as to securities of, 56
Resolution concerning securities of, 74
Resolution concerning securities;
passed, 238
Vote thereon, 238
WISE LIGHT DRAGOONS.
Resolution concerning, 119
Adverse report to petition of, 125
WOLF CREEK TURNPIKE COMPANY.
S. B. 264, concerning, 268
Passed, 269
WOOD COUNTY.
Proceedings of public meeting in, 32
Resolution for additional constable in, 7
WOOD, A. M.
No. 52, bill for relief of, 48
Passed, and vote thereon, 172
Passed senate, 180
WOOLDRIDGE, A. S. (DECEASED).
Petition of executors of, 23
Adverse report to petition of executors
of, 43
No. 281, bill for relief of executors of, 250
Passed, and vote thereon, 273
WORKHOUSES.
Petition for establishment of, 143
WORD, W. E. M.
Vote of thanks to, as sergeant at arms, 288
WRAY, B. ET AL.
Resolution for relief of, 166
WRIGHT, R. N.
No. 62, bill for relief of,. 48
WRITS.
Resolution as to return of, ' 132
WYTHE COUNTY.
Proceedings of public meeting in, 37