JOURNAL
OF THE
HOUSE OE DELEGATES
OF THE
STATE OF VIRGINIA,
FOR THE
SESSION OF 1861-62.
RICHMOND*
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1861.
JOURNAL.
MONDAY, December 2, 1861.
A majority of the delegates elect being duly qualified, appeared
and took their seats; and thereupon Mr. Newton of Westmoreland
called the house to order, and announced the first business in order
to be the election of a clerk, and nominated for that office William
F. Gordon, jr. of Albemarle, who was appointed by a unanimous vote.
Messrs. Edmunds of Halifax and Rutherfoord of Goochland were
appointed a committee to inform him of his election, and to conduct
him to his seat.
The house then proceeded to the election of a speaker; and there¬
upon Mr. Barbour nominated James L. Kemper of Madison; and the
roll was called, with the following result:
For James L. Kemper—Messrs. F. T. Anderson, J. T. Anderson, M. L. Anderson, Baker,
Barbour, Baskervill, Bass, Blue, Booten, Bradford, Brooks, Buf'ord, Burks, Cazenove, Cecil,
Clarke, J. J. Coleman, Collier, Crockett, J. D. Davis, Edmunds, Eggleston, Evans, Erring-,
Fleming, Fletcher, Fl'bod, Forbes, Franklin, Friend, Garrison, George, Gilmer, Gordon,
Grattan, Harrison, Hopkins, Hunter, Huntt, Irby, James, Johnson, Jones, Jordan, Kauf¬
man, Kyle, Laidley, Lively, Lynn, Mathews, McCamant, A. W. McDonald, McKinnqy,
McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Noland,
Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Rowan, Rutherfoord, Shan¬
non, SlieftVy, Spady, Staples, Steger, Tate, Taylor, Thomas, Thrash, Tornlin, Tyler, Vaden,
Walker, G. H. West, J. L. Wilson, Woodhouse, Woodson and Wright—88.
Mr. Kemper having received a majority of all the votes cast, was
declared duly elected speaker of the house of delegates, who being
conducted to the chair by Messrs. Barbour and Newton, returned
his acknowledgments to the house.
The house then proceeded to the election of a sergeant at arms.
Mr. Anderson of Botetourt nominated George W. Wilson of Bote¬
tourt ; Mr. Tomlin nominated H. T. Burruss of King William ; Mr.
Blue nominated John Kern of Hampshire; and Mr. Barbour nomi¬
nated Daniel Ward of Albemarle.
The roll was then called, with the following result:
For George W. Wilson—Messrs. Kemper (speaker), F. T. Anderson, J. T. Anderson,
Bass, Brooks, Buford, Clarke, Crockett, J. D. Davis, Edmunds, Eggleston, George, James,
Kyle, Lively, Newton, Reid and Rowan—18.
For H. T. Burruss—Messrs. Baskervill, Bayse, Booten, Burks, Cecil, Collier, Daniel,
Evans, Ewing, Fleming, Fletcher, Flood, Franklin, Friend, Garrison, Gilmer, Gordon, Grat¬
tan, Hopkins, Huntt, Irby, Johnson, Jones, Jordan, Kaufman, Laidley, Lynn, Mathews,
McCamant, I. E. McDonald, McKinney, McLaughlin, Montague, Murdaugh, R. E. Nelson,
W. G. T. Nelson, Noland, Orgaiu, Prince, Richardson, Riddick, Rives, Rutherfoord, Shan¬
non, Spady, Staples, Steger, Taylor, Thomas, Thrash, Tomlin, Tyler, Vaden, Walker, G. H.
West, J. L. Wilson, Woodhouse, Woodson, Worsham and Wright—60.
For John Kern—Messrs. Blue, Hunter, A. W. McDonald and Pitman—4.
For Daniel Ward—Messrs. M. L. Anderson, Barbour, Bradford, Cazenove, J. J. Cole¬
man, Forbes, Harrison, Minor, Robertson, Sheffey, Tate and Wynne—12.
4
JOURNAL OF THE
Mr. Burrnss having received a majority of all the votes oast, was
declared duly elected sergeant at arms of the house of delegates.
The house then proceeded to the election of a first doorkeeper;
and thereupon Mr. Sheffey nominated 11. TF. Burke of Augusta.
On motion of Mr. Baskervill,
Resolved, that Mr. Burke be unanimously appointed first door¬
keeper.
The house then proceeded to the election of a second doorkeeper;
and thereupon Mr. Anderson of Botetourt nominated James JVade
Montague of Montgomery, and Mr. Evans nominated George D. Pace
of Henrico.
The roll was then called, with the following result:
For J. IV. Montague—Messrs. Kemper (speaker), F. T. Anderson, J. T. Anderson, Bnr-
bour, Baskervill, Bass, Bayse, Bine, Booten, Bradford, Brooks, Buford, Burks, Cazcnove,
Cecil, Clarke, J. J. Coleman, Collier, Crockett, Daniel, Edmunds, Eggleston, Fleming,
Fletcher, Flood, Forbes, Franklin, Gilmer, Gordon, Grattan, Harrison, Hopkins, Hunti r,
Fluntt, Irby, James, Johnson, Jordan, Kaufman, Kyle, Laidlcy, Lively, Lynn, Mathews,
McCamant, A. W. McDonald, I. E. McDonald, McKinney, McLaughlin, Minor, Montague,
Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Noland, Orgain, Pitman, Prince, Reid,
Richardson, Riddiek, Rives, Robertson,.Rowan, Rutherfoord, Shannon, Sheffey, Staples,
Steger, Tate, Taylor, Thomas, Tomlin, Tyler, Vaden, Walker, G. H. West, J. L. Wilson,
Woodhouse, Woodson, Worsham, Wright and Wynne.
For G. D. Pace—Messrs. M. L. Anderson, Evans, Friend and Jones.
Mr. Montague having received a majority of all the votes cast, was
declared duly elected second doorkeeper of the house of delegates.
On motion of Mr. McCamant,
Resolved, that the rules of the last house of delegates be adopted
for the government of this.
The said rules are as follow :
• 1. No member shall absent himself from the service of the house,
without leave, unless he be sick and unable to attend.
2. When any member is about to speak in debate or deliver any
matter to the house, he shall rise from his seat, and without advanc¬
ing, shall, with due respect, address "Mr. Speaker," confining him¬
self strictly to the point in debate, avoiding all indecent and disre-
spectful language.
3. When any member rises and addresses the chair, the speaker
shall recognize him by his name; but no member shall designate
another by name.
4. No member shall speak more than twice in the same debate
without leave.
5. A question being once determined, must stand as the judgment
of the house, and cannot, during the same session, be drawn again
into debate.
6. While the speaker is reporting or putting a question, none shall
entertain private discourse, read, stand up, walk into, out of, or across
the house.
7. No member shall vote on any question in the event of which he
is immediately and personally interested, nor in any other case where
he was not present when the question was put by the speaker or
chairman of any committee.
HOUSE OF DELEGATES.
5
8. Every member who shall be in the house when any question is
put, shall, on a decision, be counted on one side or the other.
9. A majority of delegates shall constitute a quorum to do busi¬
ness ; and every question shall be determined according to the vote
of a majority of the members present, except where the constitution
otherwise provides; any smaller number, together with the speaker,
shall be sufficient to adjourn; £wenty may call a house, send for
absentees, and make any order for their censure or discharge.
10. On a call of the house, the doors shall not be closed against
any member until his name shall have been once enrolled.
11. Any member, sustained by thirteen others, shall have the right,
before the question is put, to demand the yeas and nays on the de¬
cision of any question ; and on such occasion the names of the mem¬
bers shall be called over by the clerk, and the yeas and nays respec¬
tively entered on the journal, and the question, decided, as a majority
shall thereupon appear. After the yeas and nays shall have been
taken, and before they are counted or entered on the journal, the
clerk shall read over the names of those who voted in the affirmative
and of those who voted in the negative; at which time any member
shall have the right to correct any mistake committed in enrolling his
name.
12. No business shall be introduced or considered after 12 o'clock,
until the orders of the day be disposed of, except, messages from the
senate or executive. Among the orders of the day, those which are
general in their nature shall have precedence over such as are private
or local.
13. The speaker may call ahy member to the chair, who shall ex¬
ercise its functions for the time; but no member, by virtue of such
appointment, shall preside for a longer time than three days.
14. The speaker shall set apart cbnvenient seats for the use of the
members of the senate and executive, and of the judges of the supe¬
rior courts of this commonwealth and of the Confederate States, and
of such other persons as he may invite within the bar of the house.
L5. All bills or other business shall- be dispatched in the order in
N which they are introduced, unless the house, by a vote of two-thirds
of the members present, shall direct otherwise. In future, all bills
of a general nature shall, after their first reading, be printed for the
use Of the house.
16. The clerk shall not permit any records or papers to be taken
from the table or out of his possession; but he may deliver to a mem¬
ber any bills depending before the house, on taking his receipt for
the same.
17. The journal of the house shall be drawn up by the clerk on
each day, and, after being examined by the speaker, shall be printed
and delivered without delay.
18. The clerk shall publish with the laws all resolutions of a ge¬
neral nature, annex general marginal notes to each law or resolution,
and subjoin an index to the whole.
19. The clerks of the senate and house of delegates may inter-
6
JOURNAL OF THE
change messages at such time, between the hour of adjournment and
that of meeting on the following day, as that the said messages may
be read immediately after the orders of the day.
20. When the previous question is demanded and seconded by
twenty members, the speaker shall, without debate, state the main
question to the house, and thereupon propound the question, " Shall
the main question be now put ?" If decided in the affirmative, the
main question shall then be put; if decided in the negative, the house
may proceed instanter with the debate.
21. No petition of a private nature, having been once rejected,
shall be acted on a second time, unless it be supported by new evi¬
dence ; nor shall any such petition, after a third disallowance, be
again acted on. The several clerks of committees shall keep alpha¬
betical lists of all such petitions, specifying the sessions at which they
were presented and the determination of the house thereon ; and shall
deliver the original petitions to the clerk of the house, to be pre¬
served in his office.
22. No,petition or memorial shall be received, praying for the di¬
vision of a county or parish, changingthe place of holding any court,
or other local matter, unless the purport of such petition or memorial
shall have been fixed up at the courthouse door of the county where
such alteration is proposed, at two different courts, and shall have
remained there one day during, the sitting of each court, and at least
one month shall have passed after the holding of the last court, and
before the petition or memorial is presented.. And no petition or
memorial shall be received, or bill brought in for establishing or dis¬
continuing ferries, nor for any other purpose affecting private rights
or property, unless the parties interested shall have had one month's
notice; and if they be not known to the petitioner or memorialist,
the purport of the petition, memorial or bill shall be set up at the
courthouse in the manner before directed, and also three times in¬
serted in some newspaper in the state most convenient for conveying
the intended information, one month before offering or moving the
same.
23. No petition shall be received claiming a sum of money, or
praying the settlement of unliquidated accounts, unless it be accom¬
panied with a certificate of disallowance from the executive or audi¬
tor, containing the reason why it was rejected. But this order shall
extend to no person applying for a pension.
24. When any .petition, or bill founded on one, is rejected, such
petition shall not be withdrawn, but the petitioner or member pre¬
senting his petition, or any member from the county or corporation
in which the petitioner resides, may, without leave, withdraw any
document filed therewith; and a list of every document so with¬
drawn shall be preserved by the clerk. All petitions not finally
acted on may, with the accompanying documents, be in like manner
withdrawn, after the expiration of the session at which they were
presented.
2-5. No petition shall be read in the house, unless particularly re¬
quired by some member; but every member presenting one shall an-
HOUSE OF DELEGATES.
7
nounce the name of the petitioner, the nature of the application, and
whether in his opinion a similar application had been before made by-
said petitioner. He shall endorse the same on the petition, and sign
his own name thereon, as a pledge that it is drawn in respectful lan¬
guage : whereupon, it shall be delivered to the clerk, by whom it
shall be laid before the proper committee.
26. At the commencement of each session the following commit¬
tees shall be appointed by the speaker :
To consist of not less than nine nor more than fifteen members:
A committee of privileges and elections.
A committee for courts of justice. .
A committee of schools and colleges.
A committee of propositions and grievances.
A committee of claims.
A committee of roads and internal navigation.
A committee on the militia laws.
A committee on finance.
A committee on the penitentiary.
A committee on the armory.
A joint committee on the library.
A committee on agriculture and manufactures.
A committee to examine enrolled bills.
A committee to examine the lunatic asylums.
A committee on banks.
A committee on trade and mechanic arts.
A committee on county organization.
To consist of not less than five nor more than nine:
A joint committee on executive expenditures.
A joint committee to examine the first auditor's office.
A joint committee to examine the second auditor's office-.
A committee to examine the clerk's office.
A joint committer to examine the register's office.
A joint committee to examine the treasurer's accounts.
A joint committee to examine the bonds of public officers.
27. The clerk of the house of delegates shall appoint six clerks—
one of whom shall be clerk of the committee for courts of justice
and of schools and colleges; one, of the committee of propositions
and grievances and of claims; one, of the committee on finance;
another, of privileges and elections and agriculture and manufac¬
tures ; another, of the committee on banks and military affairs; and
another, of the committee of roads and internal navigation. Said
clerks to be removed by the clerk of the house of delegates, or by
the committee or committees of which they are clerks. That the
clerk of the house of delegates may command the services of any of
said clerks, to assist him in reading at the clerk's table, and in en¬
grossing and enrolling bills, at such time as they may not be em-
8
JOURNAL OF TIIE
ployed by their respective committees ; and that it shall he the duty
of the clerk of the house of delegates to see that all hills reported
from the committees, are written in a fair and legible hand.
28. No standing committee of the house shall be increased, except
by a vote of at least two-thirds of the members present.
29. Five members of any committee shall be a quorum to proceed
to business; but where the number of a committee is not less than
five nor more than nine, a majority shall be sufficient.
30. The several committees are instructed to report, in all cases
to them referred, whether other cases may arise, comprised within
the principle of the subject referred ; and if a bill be ordered, it shall
be so drawn as to provide for all such cases, as well as that in which
it originated \ and, in petitions and other matters referred, the com¬
mittee shall have power, if they deem it expedient, to report by bill.
31. Select committees shall not consist of less than five nor more
than thirteen members, unless the house shall otherwise direct.
32. The committee of privileges and elections shall examine the
oaths taken by each member and certificates of election furnished by
the sheriffs, and report thereon to the house.
33. The committee of privileges and elections shall report, in all
cases of privilege or contested elections, the principles and reasons
on which their resolutions are founded.
34. The committee for schools and colleges shall annually examine
into the state and manner of administration of the literary fund, and
make such report as they may deem proper.
35. The committee of finance shall annually examine into the state
of the debts due from the commonwealth, of the revenue and expen¬
ditures of the preceding year, and prepare an estimate of the ex¬
penses of the succeeding year, and make such report thereon as they
may deem proper.
36. Any person contesting the election of a member returned to
serve in this house, will be entitled to receive his wages only from
the day on which such person is declared duly elected.
37. Whenever, by the equality of sound, a division of the house
is rendered necessary in the opinion of the speaker, or of a member,
the members shall be required to rise in their places; and if, on a
general view of the house, a doubt still exist on the mind of the
speaker, or of a member, as to the side on which the majority voted,
the members shall be counted standing in their places, either by the
speaker or by two members of opposite opinions on the question, to
be deputed for the purpose by the speaker.
38. Documents printed by order of the house shall be printed on
paper of the same size with the journal, and a copy shall be bound
up with each journal and furnished the members at the end of the
session; and it shall be the duty of the public printer to furnish 225
additional copies bound for that purpose.
39. Any person shall be at liberty to sue out an original writ, or
subpoena in chancery, to prevent a bar by the statute of limitations,
or to file any bill in equity and examine witnesses thereupon for the
purpose of preserving their testimony against any member of this
HOUSE OF DELEGATES.
9
house: provided, that the clerk, after having made out and signed
such original writ, or subpoena, shall not deliver it to the party, nor
to any other person, during the continuance of the member's privilege.
40. Any person summoned to attend this house, or any one of its
committees, as a witness, shall be privileged from arrest during his
coming to, attendance on, or return from the house or committee; and
no such witness shall be obliged to attend, until the party at whose
request he was summoned, shall pay or secure to him for his attend¬
ance and traveling the same allowance which is made to witnesses
attending the general court.
41. If any person shall tamper with a witness in respect of his
evidence to be given before this house, or one of its committees, or
directly or indirectly endeavor to deter or hinder a person from ap¬
pearing or giving evidence, it shall be deemed a high misdemeanor,
which the house will severely punish.
42. No person shall be taken into custody by the sergeant- at arms
on any complaint of breach of privilege, until the matter is examined
by the committee of privileges and elections and reported to the
house, unless by order of the speaker.
4-3. In all elections, but one vacancy shall be filled at a time.
44. In elections by joint vote of the two houses of the general as¬
sembly, each house shall first communicate by message to the other,
the names of the'persons who may be put in nomination for the said
office in each house respectively; and then each house shall vote
separately in its own chamber; and shall each appoint a committee
on its part to meet a committee on the part of . the other house, and
communicate the result of the vote in each house respectively; and
if upon such vote, any person have a majority of the whole number
of votes, the same shall be reported by the committees to their respec¬
tive houses, and the speaker of each house shall declare such person
duly elected; and if no person shall have a majority of the whole
number of votes, both houses shall in like manner proceed to another
vote, dropping the person who shall have the smallest number of votes
on the former vote, and so on till an election be made; and the re¬
sults of each vote in each house shall in like manner be communicated
by each house to the other, and reported by their respective commit¬
tees ; and the election, when made, shall in like manner be declared
by the respective speakers of the two houses.
45. Hereafter it shall be the duty of the clerk, previous to reading
each bill, to announce whether it is on its first, second or third
reading.
46. On every day, so soon as the speaker takes the chair and calls
the house to order, the standing committees of the house shall be
called over to enable them to make reports.
47. No standing rule of this house shall be rescinded or changed
without one day's notice being given of the motion therefor.
4S. No member or other person shall visit or remain by the clerk's
table while the yeas and nays are calling.
49. When a resolution is presented, containing no reference of the
subject thereof to a committee, if objection be made to its immediate
2
10
JOURNAL OF THE
adoption, it shall lie on the table for one day, to be called lip by
motion,
50. Bills and resolutions originating in the senate, and not requir¬
ing immediate action, shall be read the first and second times when
received, and be referred to their appropriate committees, unless the
house direct otherwise ; and all such bills and resolutions shall have
precedence over bills and resolutions originating in the house of dele¬
gates, of the same stage.
On motion of Mr. Rives,
Resolved, that the Speaker be authorized to appoint three pages,
to be allowed the same pay as was received by the pages of former
sessions.
On motion of Mr. Reid,
Resolved, that the Speaker be requested to invite the clergy of
this city to open the daily sessions of this house with prayer.
On motion of Mr. Tomlin, a committee (consisting of Messrs.
Tomlin, McCamant and Hunter) was appointed by the Speaker, to
wait on the governor, and inform him that the house, being now or¬
ganized, was ready to receive any communication he might be pleased
to transmit; and subsequently they reported, through Mr. Tomlin,
their chairman, that they had discharged the duty assigned them, and
that the governor would communicate a ^message to the house im¬
mediately.
The governor's message was then received and read, and on. motion
of Mr. Blue, was laid on the table, and five thousand extra copies
ordered to be printed.
[For message, see Doc. No. 1, appended to this volume.]
On motion of Mr. Barbour,
Resolved, that a select committee be appointed to enquire who
are entitled to the seats in this house to which certain persons were
elected in May last, who have, since their election, attempted to set
up a separate government within this commonwealth.
On motion of Mr. Fleming, the house adjourned until to-morrow,
12 o'clock.
TUESDAY, December 3, 1861.
Prayer by Rev. Dr. Read of the Presbyterian church.
The Speaker announced the following committee under the reso¬
lution adopted on yesterday, in relation to elections to the house of
delegates from the disloyal counties of the commonwealth: Messrs.
Forbes, McCamant, Hunter, Sheffey, Burks, Steger, Baskervill, Saun¬
ders of Franklin, and Richardson.
Mr. Siieffey presented the petition of Jacob W. Marshall, praying
for admission to a seat as a member of the house of delegates from
the counties of Randolph and Tucker; which, on his motion, was
referred to the special committee on the subject of elections.
HOUSP OF DELEGATES.
11
On motion of Mr. Robertson,
Resolved, that the committee of roads and internal navigation
enquire into the expediency of authorizing a connection between the
Richmond, Fredericksburg and Potomac rail road and the Richmond
and Petersburg rail road in Richmond, and between the Richmond
and Petersburg rail road and the Petersburg rail road in Petersburg.
Mr. Robertson presented the memorial of the common council of
the city of Richmond, to authorize the issue of small notes; which
was ordered to be referred to the committee on banks.
On motion of Mr. Robertson,
Resolved, tha't the committee on finance enquire into the propriety
of refunding to R.* H. Maury, R. M. T. Hunter and others, money
paid by tlieni 011 an erroneous assessment of taxes.
On motion of Mr. Evans,
Rescflved, that the committee of claims enquire into the expediency
of allowing to Major R. S. Billups of Matthews county, his account
for services rendered in the 61st regiment of Virginia militia-, which
was called into service by a proclamation of the governor of Virginia
dated the 13th of July 1861.
On motion of Mr. Anderson of Botetourt,
Resolved, that leave be given to bring in a bill to amend the act
entitled an act providing for the employment of negro convicts on
the public works, passed April 7, 1858, so as to authorize the go¬
vernor to cause a part of said convicts to be hired to proprietors of
iron works engaged in making iron for the commonwealth of Virginia
and the confederate government, under provisions and restrictions of
said act.
The Speaker announced the following committee under the reso¬
lution : Messrs. Anderson of Botetourt, Flood, Mathews, Blue and
Rutherfoord.
Subsequently, Mr. Anderson, from the said committee, presented
the following bill:
No. 1. A bill to amend and re-enact the act entitled an act pro¬
viding for the employment of negro convicts on the public works,
paused April 7th, 185S; which, on his motion, two-thirds concur¬
ring, was read a first and second times, and ordered to be engrossed
and read a third time.
Mr. Tomlin presented the petition of Geo. R. Baylor, to have re¬
funded a sum of money paid on account of license; which was or¬
dered to be referred to tfie committee on finance.
On motion of Mr. Wooleolk,
Resolved, that the committee of claims enquire into the expedi¬
ency of reporting a bill allowing compensation to the officers and
privates of the militia of this state, called out by the proclamation
of the governor, dated July 13, 1861.
On motion of Mr. Riddick,
Resolved,-that the committee on finance be instructed to enquire
into the expediency of assuming Virginia's portion of the confede¬
rate government war tax.
,Mr. Barbour presented the petition of the Culpeper savings bank,
12
JOURNAL OF THE
»
praying amendments of its charter; which was ordered to he referred
to the committee on banks.
Mr. Barbour presented the petition of Flora Jones, a free woman
of color, praying to be enslaved; which was ordered to be referred
to the committee of propositions and grievances.
On motion of Mr. Grattan,
Resolved, that the committee on finance enquire into the expedi¬
ency of suppressing the issue of small notes of corporations or indi¬
viduals, by a tax upon the holders and issuers.
On motion of Mr. Bufoed,
Resolved, that the clerk of this house be required to procure and
furnish, as early as practicable, such numbers ofi copies of all ordi¬
nances and resolutions passed by the present convention of Virginia,
as shall be sufficient for the use of the members.
On motion of Mr. Fleming,
Resolved, that the clerk of this house be authorized to procure
two hundred and fifty copies of the constitution of this state and
of the provisional and permanent constitutions of the Confederate
States, for the use of members.
Mr. Vaiden presented the petition of Archibald Davis, praying to
be refunded a license tax paid by him; which was ordered to be re¬
ferred to the committee on finance.
Mr. Steger presented the petition of Henry R. Jones, clerk of
the penitentiary, praying an increase of his salary; which was or¬
dered to be referred to the committee on the penitentiary.
On motion of Mr. Rives,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of making some modification in the stay
law.
On motion of Mr. Baskervill,
Resolved, that the ordinance recently passed by the convention of
Virginia, entitled an ordinance to reorganize the militia, be referred
to the military committee of this house, when appointed, with in¬
structions to enquire if any amendments to said ordinance are neces¬
sary. "
On motion of Mr. Bass,
Resolved, that the committee on finance be instructed to enquire
into the expediency of paying for clothing, c%c. furnished to a portion
of the militia of Roanoke when called out by the authorities, and
the call countermanded before the said militia were mustered into
service.
On motion of Mr. Crockett,
Resolved, that the committee on finance enquire into the expe¬
diency of allowing Harvey Repass, one of the commissioners of the
revenue for the county of Wythe, additional compensation for pre¬
paring separate books for the county of Bland.
On motion of Mr. Buford,
Resolved, that a select committee of five be appointed to confer
with the proper authorities of the confederate government in rela¬
tion to the construction of a rail road between the town of Danville,
HOUSE OF DELEGATES.
13
Virginia, and the town of Greensborough, North Carolina, as recom¬
mended in the recent message of President Davis to the provisional
congress, with a view to ascertain whether any, and if any, what
legislation may be necessary on the part of Virginia, in order to
effect the most speedy construction of said road.
On motion of Mr. Kyle,
Resolved, that the committee on finance enquire into the expe¬
diency of relieving sheriffs from collecting tax£s from volunteers.
On motion of Mr. West of Halifax,
Resolved, that the committee of schools and colleges enquire into
the expediency of paying to J. B. Bass a sum of money due him on
account of teaching indigent children in the county of Pittsylvania
in the year 18-59.
Mr. Friend1 presented the petition of the Manchester and Peters-(
burg turnpike company, to amend and re-enact the 13th section of
an act incorporating a company to establish a turnpike road from the
town of Manchester to the town of Petersburg; which was ordered
to be referred to the committee of roads and internal navigation.
The Speaker laid before the house a communication from the se¬
cretary of the commonwealth, enclosing a list of charters granted by
the courts; which, on motion of Mr. Mallory, was laid on the table
and ordered to be printed. Doc. No. 26.
On motion of Mr. Buford,
Resolved, that so much of the governor's message as refers to the
act of last session of the general assembly incorporating the Virginia
canal company, be referred to .the committee of roads and internal
navigation, with instructions to enquire into the expediency of ex¬
tending the time within which said company may be organized.
On motion of Mr. Anderson of Rockbridge,
Resolved, that a select committee of _ be appointed to
enquire into the causes of the extravagant prices demanded for arti¬
cles of prime necessity to the army and to the people of this com¬
monwealth, and what legisjation is necessary and proper to correct
the said evil.
On motion of Mr. West of Halifax,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to James Young, executor of James
Owen, a sum of money erroneously paid by him on account of land
tax charged to Thomas Owen's estate.
On motion of Mr. Woolfolk,
Resolved, that a special committee of eleven members be appointed
to enquire into the expediency of reporting a bill amending the pre¬
sent laws in relation to the free negro population of the state, and that
all propositions for amending the same be referred to the said com¬
mittee.
On motion of Mr. Collier,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding taxes on licenses issued but not used on account of
enlistment and service in the army.
On motion of Mr. Baskervill, the house adjourned until to-mor¬
row, 12 o'clock.
14
JOURNAL OF THE
WEDNESDAY, December 4, lsGl.
Prayer by Rev. Mr. Converse of the Presbyterian churcli.
On motion of Mr. Grattan,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the thirty-second chapter of the Code of
I860, concerning impresses by military authority, and injuries done
to real property by military occupation, in order to secure to the
owners thereof prompt redress for and protection against illegal im¬
pressments.
On motion of Mr. Spady,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill for alleviating taxation upon "the subjugated
but loyal counties of the commonwealth.
On motion of Mr. Kaufman,
Resolved, that the committee on military affairs be requested to
enquire into the expediency of extending the rail road from Win¬
chester to Strasburg, as a military necessity and public convenience.
On motion of Mr. Grattan,
Resolved, that the committee on the clerk's office enquire into the
expediency of so amending the rule of this house as to avoid
the necessity of procuring parchment.
Mr. George presented the petition of citizens of McDowell county,
in reference to the county lines ; which was ordered to be referred to
the committee of propositions and grievances.
No. 1. An engrossed bill entitled an act to amend and re-enact
the act entitled an act providing for the employment of negro con¬
victs on the public works, passed April 7th, 185S, was read a third
time and passed.
Ordered, that Mr. Anderson of Botetourt carry the same to the
senate, and request their concurrence.
A communication was received from the secretary of the conven¬
tion, enclosing an ordinance of that body in relation to elections
from the disloyal counties of the commonwealth; which, on motion
of Mr. Wilson of Isle of Wight, was laid on the table and ordered
to be printed. Doc. No. 27.
On motion of Mr. Kaufman,
Resolved, that leave be given to withdraw from the files of the
last house of delegates, bill 221, with the accompanying documents,
and that the same be referred to the committee of claims.
On motion of Mr. Garrison,
Resolved, that the committee of claims be instructed to enquire
into the expediency of refunding to Edmund W. Bayley a sum of
money erroneously paid by him into the treasury of Virginia.
Mr. Cazenove presented the petition of George Dufiey, commis¬
sioner of the revenue for Alexandria county, praying compensation
for his services; which was ordered to be referred to the committee
on finance.
HOUSE OF DELEGATES.
15
On motion of Mr. Baskervill,
Resolved, that a special committee he appointed to enquire into
the expediency of making some contract with the lessees of the Vir¬
ginia salt works in the counties of Washington and Smyth, whereby
that necessary of life may be supplied at a cheaper rate than the pre¬
sent ruinous price to the consumer; and that they be empowered to
open a correspondence with the aforesaid lessees, and report the result
to this house, with any recommendations they may deem proper.
On motion of Mr. Lynn,
Resolved, that the committee to be appointed to confer with the
proper authorities of the Confederate States in relation to construct¬
ing a rail road between the town of Danville, Virginia, and the town
of Greensborough, N. C., be instructed to take into consideration also
the importance of connecting the Richmond, Fredericksburg and Po¬
tomac rail road with the Manassas gap rail road at the junction of
said road on the Alexandria and Gordonsville road, and report what
legislation (if any) be necessary by this house.
Mr. Carter presented the petition of James W. Gresham, Wm. N.
Ku-rks, &c., asking for compensation for negroes condemned to sale
and transportation; which was ordered to be referred to the com¬
mittee for courts of justice.
On motion of Mr. Barbour, the house adjourned until to-morrow,
12 o'clock.
THURSDAY, December 5, 1861.
Prayer by Rev. Dr. Read of the Presbyterian church.
The Speaker announced the following standing committees of the
house:
Committee of Privileges and Elections—Messrs. Tomlin, Blue, Friend,
Kyle, Evans, Woodson, Murdaugh, Eggleston, Baskervill, Cartel,
McDonald of Logan, Baker, Jordan, Wilson of Isle of Wight, and
Bayse.
Committee for Courts of Justice—Messrs. Rutherfoord, Hunter, Bouldin,
Collier, Jones, Steger, Anderson of Rockbridge, Forbes, Gilmer, Banks,
McKinney, Evans, Harrison, McCamant, and Coleman of Fayette and
Raleigh.
Committee of Schools and Colleges—Messrs. Newton, Minor, Riddick,
Treadway, Tate, Daniel, Saunders of Franklin, Crockett, Spady, Reid,
Custis, Booten, Noland, Wright and Laidley.
Committee of Propositions and Grievances—Messrs. McCamant, Rid¬
dick, Kaufman, Tyler, Wilson of Isle of Wight, Fleming, Anderson
of Albemarle, Hopkins, Irby, Shannon, West of Halifax, Prince,
George, Garrison, and Coleman of Nelson.
Committee of Claims—Messrs. Bass, Kaufman, Grattan, Davis of
Amherst, Pitman, Nelson of Louisa, Montague, Wilson of Norfolk,
Walker, Woodhouse, Mathews, Huntt, Dunn and Gillespie.
16
JOURNAL OF THE
Committee of Roads and Infernal Navigation—Messrs. ShefToy, Car¬
penter, Baskervill, "Ward, Flood, Treadway, Anderson of Rockbridge,
Murdaugh, Saunders of Franklin, Buford, Saunders of Campbell,
"Woodson, Wynne, Rowan and Staples.
Committee, on Military Affairs—Messrs. Anderson of Botetourt,
Jones, Hunter, Robertson, Mallory, Pitman, Davis of Amherst,
Richardson, Saunders of Campbell, Lundy, McGruder, McDonald of
Hampshire, Friend, Bradford and Eggleston.
Committee on Finance—Messrs. Barbour, Tomlin, Edmunds, Bouldiu,
Newton, Collier, Flood, Wynne, Thomas, Davis of Campbell, Minor,
Gordon, Reid, Noland and Gatewood.
Committee to examine the Penitentiary—Messrs. Montague, Davis of
Amherst, George, Payne, Bass, Jordan, Johnson, Friend, Fleming,
Staples, James, Dabney, Dunn, Fletcher and Vermillion.
Committee to examine the Armory—Messrs. Blue, Carter, Wright,
Shannon, West, Lynn, Lockridge, Cecil, Fletcher, Ewing, Huntt,
McLaughlin, Thrash, Taylor and Boggs.
Joint Committee on the Library—Messrs. Edmunds, Minor, Sheffey,
Gordon, Mallory, Anderson of Botetourt, McKinney, Burks, Baker,
Cazenove, Crockett, Gilmer, Dabney, Nelson of Louisa, and Garrison.
Committee on Agriculture and Manufactures—Messrs. Orgain, Lynn,
Tyler, Riddick, Johnson, Lockridge, Nelson of Fluvanna, Payne,
McDonald of Logan, Daniel, Lively, Woolfolk, Prince, Boggs and
Irby.
Committee on Enrolled Bills—Messrs. Huntt, Kyle, Wooten, Gilles¬
pie, Taylor, Prince, Booten, Worsham, McDonald of Logan, Wool-
folk, Nelson of Louisa, Cecil, Fletcher, Rowan and Bayse.
Committee on Lunatic Asylums—Messrs. Rives, Custis, Tate, Mc¬
Gruder, Nelson of Fluvanna, Crockett, Worsham, Hopkins, Ander¬
son of Albemarle, Lockridge, Woolfolk, Bradford, Vaden, Vermillion
and Clarke.
Committee on Banks—Messrs. Robertson, Edmunds, Ward, Davis of
Campbell, James, Wilson of Norfolk county, Buford, Grattan, Lundy,
McDonald of Hampshire, Orgain, Dunn, Rives, Walker and Cazenove.
Joint Committee on Executive Expenditures—Messrs. George, Ander¬
son of Albemarle, Daniel, Richardson, Payne, Thrash, Gillespie, Car¬
penter and Baker.
Joint Committee to examine the First Auditor's Office—Messrs. John¬
son, Woodson, Wilson of Isle of Wight, Tate, Spady, Franklin, Mc¬
Kinney, Flood, McLaughlin, Wooten and Williams.
Joint Committee to examine the Second Auditor's Office-^-Messrs.
Shannon, Woodhouse, Bayse, Coleman of Nelson, Mallory, Blue,
Ward, Clarke, Laidley, Vaden and Lively.
Committee to examine the Clerk's Office—Messrs. Reid, Thomas,
Baskervill, Lynn, Grattan, Murdaugh, Carpenter, Nelson of Flu¬
vanna, and Boggs.
Joint Committee to examine the Register's Office—Messrs. Brooks,
Lively, Wright, Mathews, Irby, Hopkins, Jordan, Williams and
Garrison.
HOUSE OF DELEGATES.
17
Joint Committee to examine the Treasurers Accounts—Messrs. Ma¬
thews, Cazenove, Walker, Bass, Custis, Noland, McGruder, Ewing,nnd
McDonald of Hampshire.
Joint Committee to examine the Bonds of PuUix Officers—Messrs.
Burks, Gatewood, Steger, Barbour, Anderson of Rockbridge, Ruther-
foord, Spady, Harrison, McCamant, Forbes, and Coleman of Fayette
and Raleigh.
The Speaker announced the following special committee, under a
resolution adopted in reference to a rail road connection between
Danville' and Greensborough,- N. C.: Messrs. Buford, Wooten, Bouldin,
Sheffey, Steger,, Gilmer, Lively, McKinney, Kyle, Riddick, Clarke,
Nelson of Fluvanna, and Richardson.
On motion of Mr. Grattan,
Resolved, that the return for the county of Harrison from Camp
Bartow, be referred to the special committee on vacancies.
Mr. Grattan presented the return. .
On motion of Mr. Rutherfoord,
Resolved, that so much of the governor's message as relates to the
claim of Robert A. Mayo against the commonwealth, be referred to
the committee of claims.
On motion of Mr. Wilson,
Resolved, that so much of the governor's message as refers to an
act of the confederate congress, entitled an act to audit the accounts
of the respective states against the Confederacy, be referred to the
committee on finance.
On motion of Mr. Walker,
Resolved, that the clerk of this house be requested to procure a
clock for the hall of the house of delegates.
On motion of Mr. Lively,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of declaring that portion of New river,
from the mouth of Greenbrier river to the mouth of Indian creek, a
lawful fence.
On motion of Mr. James,
Resolved, that the committee of roads and' internal navigation en¬
quire into the expediency of transferring to the counties in which it
is. located, the commonwealth's interest in the Southwestern turnpike
road leading from Buchanan, in' Botetourt county, to the Tennessee
line.
Mr. Robertson presented the petition of Hull and-Johnston, pray¬
ing to be reimbursed expenses incurred in ascertaining damages by
fire at Dibrell's warehouse; which was ordered to be referred to the
committee on agriculture and manufactures.
& •
On motion of Mr. Sheffey,
Resolved, that the committee on finance enquire into the expedi¬
ency of amending the act passed March 18, 1856, entitled an act to
separate the state from the banks, by a sale of its stocks therein, and
the application of the proceeds to the redemption of the public debt,
so as to authorize the exchange of such stocks for the eight per cent,
bonds of the Confederate States.
3
18
JOURNAL OF THE
On motion of Mr. Steger,
Resolved, that the committee on military affairs enquire into the
expediency of establishing a military hospital for the state.
The Speaker laid before the house a communication from the
governor, in reference to warehouses ; which was referred to the com¬
mittee on agriculture and manufactures, and ordered to be printed.
Doc. No. 28.
On motion of Mr. Dunk,
Resolved, that the committee of schools and colleges, enquire into
the expediency of establishing a system of free schools for the edu¬
cation of orphan and poor. children of those of our soldiers at pre¬
sent, or who may hereafter be engaged in the service of the Confede¬
rate States army.
On motion of Mr. Richardson,
Resolved, that the committee on - military affairs be instructed to
enquire into the expediency of so removing certain obstructions in
New river, from Central depot to the mouth of Greenbrier river, as
to facilitate the transportation of military stores and munitions of
war.
On motion of Mr. Saunders of Franklin,
Resolved, that the committee on finance be instructed to enquire
into the expediency of amending or repealing an act passed the 19th
of March 1S61, entitled an act refunding to Moses C. Booth damages
paid by him as surety of Samuel S. Turner, late sheriff of Franklin
county, so as to provide more effectually for the releasing- and re¬
funding to said Booth of damages paid by him as surety for the said
Samuel S. Turner.
Mr. Steger presented the memorial of the following savings banks
of the city of Richmond: Old Dominion savings bank, Metropoli¬
tan savings bank, Farmers savings bank, United savings bank of
Henrico, Home savings bank and Virginia savings bank; which was
ordered to be referred to the committee on banks.
On motion of Mr. Woodson,
Resolved, that the committee on banks be instructed to enquire
into the expediency of reporting a bill legalizing the issue of small
notes, heretofore made by the various counties, cities and towns of
this commonwealth, and providing for the future issue of such notes
and their redemption.
On motion of Mr. James,
Resolved, that the committee on banks enquire into the expediency
of authorizing the banks of this commonwealth to issue a larger
amount than five per cent, of their capital, in notes of a less de¬
nomination than five dollars.
Mr. Gordon presented the memorial of the mayor and council of
the town of Fredericksburg, praying to be released from penalties for
issuing small notes; which was ordered to be referred to the com¬
mittee on banks. *
On motion of Mr. Buford,
Resolved, that the committee for courts of justice be requested to
enquire into the expediency of so amending the existing laws regu-
HOUSE OF DELEGATES.
19
lating judicial elections, as to provide that the time of holding such
elections shall be announced by proclamation of the governor.
On motion of Mr. Kaufman,
Resolved, that the committee of roads and internal" navigation en¬
quire into the expediency of rescinding so much of the acts of the
last session of the house' of delegates as made appropriations to
works of internal improvement that have not already been expended,
until further legislation may be had.
On motion of-Mr. Woolfolk, the house adjourned until to¬
morrow, 12 o'clock.
FRIDAY, December 6, 1861.
Prayer by Rev. Dr. Read of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Dec. 5, 1861.
The senate have passed house bill, entitled:
, An act to amend and re-enact the act entitled an act providing for
the employment of negro convicts on the public works, passed April
7, 1858, No. 1, with amendments.
In which they respectfully request the concurrence of the house
of delegates.
The amendments proposed by the senate were taken up and agreed
to.
Ordered, that the clerk inform the senate thereof.
The Speaker announced the following special committees: •
Special committee to consider the condition of the free negro popu¬
lation of the commonwealth: Messrs. Woolfolk, Rives, Woodhouse,
Thomas, Baskervill, McCamant, Orgain, Wilson of Isle of Wight,
Kaufman, West and Lockridge.
Special committee to consider the extravagant prices demanded for
articles of prime necessity: Messrs. Anderson of Rockbridge, Minor,
Cazenove, Wynne, Pitman, Flood, Laidley, Daniel and James;
" Mr. Barbour, from the committee on finance, presented, the fol¬
lowing report:
A report asking that the committee on finance be discharged from
the further consideration of a resolution enquiring into the expediency
of paying for clothing, &c. furnished to a portion of the militia of
Roanoke, and that the same be referred to the committee on military
affairs ; which was concurred in.
Mr. Forbes, from the special committee upon the subject of va¬
cant seats in the house of delegates, presented a report; which was
read, and on his motion, laid on the table and ordered to. be printed.
Doc. No. 29.
On motion of Mr. Hunter, the report was made the special order
of the day for Tuesday, Dec. 10th, 1861..
20
JOURNAL OF THE
The Speaker laid before the house a communication from the go¬
vernor, enclosing the retufns of elections held at certain camps for
members of the house of delegates; which was read, and on motion,
laid on the table.
On motion of Mr. Collier,
Resolved, that the committee on military affairs enquire into the
expediency of instructing our senators and requesting our represen¬
tatives, at the regular session of the confederate congress, to increase
the pay, during the existing war, of the soldiers and non-commissioned
officers of the army.
Mr. Hunter presented the petition of the president and directors
of the Bank of Berkeley; which was ordered to be referred to the,
committee on finance. •
On motion of Mr. Bass,
Resolved, that a special committee of three be appointed, whose
duty it shall be to procure rooms, if possible, as heretofore, in the
capitol building, or to enquire into the expediency of renting rooms
of private parties, for the use of the committees of this house.
The Speaker announced the following committee under the reso¬
lution : Messrs. Bass, Wynne, and Davis of Amherst.
On motion of Mr. Murdaugh,
Resolved, that the committee for courts of justice enquire into the
expediency, in view of the present high prices of provisions, of grant¬
ing to the county and corporation courts the power of increasing the
amount at present allowed to sheriffs and sergeants for keeping and
supporting any slave or other person confined in jail.
On motion of Mr. Mathews,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of conferring with the pro¬
visional congress of the Confederate States, in reference to the exten¬
sion of the Covington and Ohio rail road by the confederate govern¬
ment (as a military necessity), out of moneys due from the confederate
government to the state of Virginia.
On motion of Mr. Staples,
, Resolved, that leave be given to withdraw from the'files of this
house, bill 152 of last session, and that the same be referred to the
committee of propositions and grievances.
On motion ofsMr. Rowan,
Resolved, tharHme committee of roads and internal navigation en¬
quire into the expediency of requiring turnpike companies to keep
all dead and dangerous timber from within reach of their roads.
On motion of Mr. Laidley,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of making a military road from Tazewell
courthouse to Cabell courthouse, Virginia.
On motion of Mr. Nelson of Fluvanna, the house adjourned until
to-morrow, 12 o'clock.
HOUSE OF DELEGATES.
21
SATURDAY, December 7, 1861.
Prayer by Rev. Mr. Read of the Presbyterian church.
Mr. Sheffey, from the committee of roads and internal navigation,
presented the following bills :
No. 2. A bill to amend and re-enact the 1st section of an act en¬
titled an act incorporating a company to establish a turnpike road
from the town of Manchester to the town of Petersburg, and repeal¬
ing all provisions contained in other acts relating to said company in¬
consistent with this act.
No. 3. A bill to amend and re-enact the 4th section of chapter 10
of an act to incorporate the Virginia canal company, and to transfer
the rights and franchises of the James river and Kanawha company
thereto.
Which subsequently were read a first time, and ordered to be read
a second time.
Cin motion of Mr. Tomlin,
Resolved, That the committee on military affairs be instructed to
enquire into the expediency of so amending the militia laws as to re¬
quire that all liable to the performance of the duties of militiamen
shall be drafted and detailed for active service before any draft or de¬
tail shall be made on those now serving as Virginia volunteers.
The Speaker announced the following special committee under a
resolution in relation to the lease of the salt works: Messrs. Basker-
vill, George, Mallory, Shannon, Flood, Woodhouse and Walker.
On motion of Mr. Woolfolk,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill or bills making it felony for any man
or- set of men to impose upon any citizen of Virginia a tax, by what¬
ever name such tax or contribution may be called, for any purpose
other than for the support of the government of Virginia or that of
the Confederate States; for any person to assess property, or to
demand, collect or receive tax for su'ch purpose, unless provided for
by the laws.of this state or by the Confederate States: also making
it felony for any person to administer an oath, affirmation or other
obligation to any citizen of Virginia, either in this or any other state,
to support any government or pretended government other than the
government of Virginia or that of the Confedeiufrd'States: also for
any person to attend any secret political meeting, where the parties
are bound, by oath, ^affirmation or other obligation whatever, to
secresy, or for any person to administer to others, or take himself
such oath, affirmation or obligation.
On motion of Mr. Hunter,
Resolved, that the committee for courts of justice be directed to
enquire into the expediency of making provision by law for the re¬
moval from the borders of the state, and other places in immediate
proximity to the lines of the public enemy, such persons as may be
justly suspected of disloyalty to the state of Virginia or to the Con-
QO
— t-i
JOURNAL OF THE
federate States, 01* who may affect to maintain an unpatriotic ncu
trulity between the parties to the present war.
On motion of Mr. Brooks,
Resolved, that the committee 011 finance enquire into the expedi¬
ency of discontinuing or reducing the annual appropriation of httecn
thousand'dollars to the university of Virginia, and also of suspend¬
ing the collection of the annual interest on the literaryfund for the
benefit of public schools, until the end of the present difficulties.
On motion of Mr. Garrison,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a bill to relieve the sheriffs, clerks, commissioners
of the revenue and other civil officers of the commonwealth from the
penalties imposed by the laws of Virginia for the failure to perform
the duties of their offices, wlien such failure has been caused by the
presence of the public enemy, and the officer remains loyal to the
commonwealth.
On motion of Mr. Steger,
Resolved, that the committee on agriculture and manufactures'en¬
quire into the. expediency of incorporating Win. H. Haxall, Thomas
W. McCance, kSam'l J. Harrison, John Purcell, Wm. G. Paine, Lewis
G-inter, J. L. Apperson and David J. Burr, together with such other
persons and firms as shall hereafter be associated with them, under
.the name and style of The Virginia Chemical Works.
Mr. Robertson presented the petition of Capt. Wm. Leigh Bur¬
ton, for proper'compensation for certain services as assistant quarter¬
master; which was ordered to be referred to the committee on mili¬
tary affairs.
On motion of Mr. Booten, the house adjourned until Monday, 12
o'clock.
MONDAY, December 9, 1SG1.
Prayer by Rev. Mr. Bennett of the Methodist church.
On motion of Mr. Tomlin,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of so amending the act of January 2-5,
1861, as to prov^d^ that the pay and allowances of all commissioned
officers of the ordnance department shall be the same as now allowed
to the. same rank in the artillery in the confederate service.
Mr. Barbour presented the petition of M. W. Fisher, praying re-*
lief from the obligation contracted by him for the public defence;
which was ordered to be referred to the committee 011 finance. .
^ No. 2. A bill to amend and re-enact the 1st section of an act en¬
titled an act incorporating a company to establish a turnpike road
from the town of Manchester to the town of Petersburg, and repeal¬
ing all provisions contained in other acts relating to said company
inconsistent with this act, was read a second time, and on motion of
Mr. Rives, was laid on the table.
HOUSE OF DELEGATES.
23
No. 3. A bill to amend and re-enact tlie 4th section of chapter 10
of an act to incorporate the Virginia "canal company, and to transfer
the rights and franchises of the James river and Kanawha company
thereto, was read a second time, and ordered to be engrossed and
read a third time.
On motion of Mr. "Woodson,
Resolved, that the committee on banks, to whom was referred the
enquiry into the expediency of more effectually prohibiting the issue
of small notes by individuals, enquire into the expediency of re¬
quiring the redemption of said notes in specie on presentation, and
in default thereof, giving the holder the right to recover the same by
suit or warrant, with damages and costs.
. On motion of Mr. Grattan,
" Resolved, that the governor of the commonwealth be and is hereby
requested to furnish to this house a statement of the aggregate mili¬
tary* strength of the state (excluding the disloyal counties); what
portion of that strength consists of volunteers, and what of militia;
what portion of that strength has been ordered into service, both
volunteer and militia; what the date of their mustering in, and the
term for-which they mustered in.
On motion of Mr. Tomlin,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of amending the 2d and 3d sections of
chapter 22 of the Code of Virginia, so as to diminish the number of
persons thereby exempted from military duty.
On motion of Mr. Woodson,
Resolved, that the committee for courts of justice enquire into the
expediency , of so amending the Code of Virginia as to simplify the
proceedings in cases of outlawry.
Mr. Anderson of Rockbridge, from the special committee on ex¬
tortionate prices and mode of relief, presented a report;, which, on
motion of Mr. Wilson, was laid on the table and ordered to be
printed." Doc. No. 30.
Mr. Anderson, from the same committee, presented the following
bills:
No. 4. A bill to prevent extortion in salt.
No. 5. A bill to regulate prices of articles of prime necessity
during the war, and to prevent extortion in the sale of them.
Which were read a first time, and ordered to be read a second
time.
On motion of Mr., Kaufman,
Resolved, that the committee for courts of justice enquire into the
expediency of more effectually preventing the sale of ardent spirits
by persons without license.
On motion of Mr. Evans,
Resolved, that the committee of claims enquire into the expe¬
diency of allowing the claims of the captain and crew of the York
Spit light vessel, for services rendered by. them from the first of
January 1S61, until the said vessel, with its crew and officers were
received into the service of the confederate government.
24
JOURNAL OF THE
Mr. Anderson, from the committee on military affairs, presented
the following hill:
No. 6. A bill to improve the navigation of New river.
Which was read a first time, and ordered to be read a second time.
On motion of Mr. Robertson,
Kesolved, that the committee charged with the duty of enquiring
into the expediency of leasing the Holston salt works, extend their
enquiry to any other mode of enlarging the supply of salt, and espe¬
cially into the practicability and expediency of obtaining and bring¬
ing into use native fossil salt of Virginia.
On motion of Mr. Davis,
Resolved, that- the committee of propositions and grievances en¬
quire into the expediency of incorporating the Mutual life, insurance
company of Lynchburg.
On motion of Mr. Walker, the house adjourned until to-morrow,
12 o'clock.
TUESDAY, December 10, 1861.
Mr. Baskervill, from the committee of roads and internal naviga¬
tion, presented the following bills :
No. 7. A bill to authorize a connection between the Richmond,
Fredericksburg and Potomac rail road and the Richmond and' Peters¬
burg rail road in Richmond, and between the Richmond and Peters¬
burg rail road and Petersburg rail road in Petersburg.
No. 8. A bill to compel turnpike and plank road companies to re¬
move dead and dangerous timber.
Mr. Baskervill, from the same committee, to whom was referred
a resolution to enquire into the expediency of making a military
road from Tazewell courthouse to Cabell courthouse, Virginia, re¬
ported the same to the house with the following resolution, which
was adopted:
Resolved, that the committee ask to be discharged from the fur¬
ther consideration of the subject, and that the same be referred to
the committee on military affairs.
The order of the day, being the report of the special committee on
the subject of the vacant seats in the house of delegates, was taken
up, and the report read; and the question being on agreeing to the
first resolution of the committee, was put, and decided in the.
affirmative.
The resolution is as follows :
"1. Resolved, that the 23d section of article 6 of the constitution
does not authorize the admission of former members of the house of
delegates to seats in said house, in cases in which their successors fail
to qualify."
The second resolution of the committee, which reads as follows—
" 2. Resolved, that vacancies exist in the representation in the
HOUSE OF DELEGATES.
25
house of delegates from the counties of Ohio, Preston, Monongalia,
Harrison, Marion, Kanawha and Berkeley, each being entitled to two
delegates; from the counties of Brooke, Hancock, Marshall, Wetzel,
Taylor, Upshur, Lewis, Wood, Putnam, Mason and Morgan, each
being entitled to one delegate; and from the election districts com¬
posed of the counties of Ritchie and Pleasants, Doddridge and Tyler,
and Jackson and Roane, each being entitled to one delegate"—was
taken up ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Newton, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Barbour, Baskervill, Bayse, Blue,
Booten, Bouldin, Brooks, Burks, Carpenter, Cecil, Clarke, H. N. Coleman, Collier, Crockett,
Daniel, Robert J. Dayis, Dunn, Eggleston, Evans, Swing, Fletcher, Flood, Forbes, Frank¬
lin, Friend, Garrison, George, Gilmer, Gordon, Grattan, Hopkins, Hunter, Huntt, James,
Johnson, Jones, Kaufman, Kyle, Laidley, Lively, Lundy, Lynn, Mallory, Mathews,
McOamant, A. W. McDonald, I. E. McDonald, McKinney, McLaughlin, Montague, Mur-
daugh, E. E. Nelson, W. G. T. Nelson, Orgain, Payne, Pitman, Prince, Reid, Richardson,
Riddick, Rives, Robertson, Rowan, Peter C. Saunders, Shannon, Spady, Staples, Steger,
Taylor, Thomas, Thrash, Tyler, Vaden, Vermillion, Walker, Ward, G. H. West, Williams,
S. Wilson, Woodkouse, Woodson, Woolfolk, Wootten, Worsham and Wynne—87.
Noes—Messrs. Bass, Bradford, Buford, Carter, Cazenove, J. J. Coleman, Custis, Dab-
nev, J. D. Davis, Fleming, Irby, Minor, Newton, Noland, Rutherfoord, Tate, Treadway,
J. L. Wilson and Wright—19.
The third resolution of the committee, which reads as follows—
" 8. Resolved, that the petitioner Jacob W. Marshall is not en¬
titled to a seat in the house of delegates as delegate from the election
district composed of the counties of Randolph and Tucker, and that
there exists a vacancy in the representation from said district"—was
taken up ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
The fourth resolution of the committee, which reads as follows—•
" 4. Resolved, that "Wm. F. Gordon, jr. is not entitled to a seat in
the house of delegates as one of the delegates from the county of
Harrison"—was taken up; and the question being on agreeing
thereto, was put, and decided in the affirmative.
On motion of Mr. Baskervill, ' .•
Resolved, that this house, by virtue of authority vested by the
convention, will forthwith proceed to appoint delegates to represent
those counties declared vacant by the resolutions of a special com¬
mittee, and adopted by the house; which, on motion of Mr. Jones,
was laid on the table and ordered to be printed. Doc. No. 31.
Oh motion of Mr. MukdaugH,
Resolved, that the governor of the • commonwealth be and he is
hereby requested to furnish to this general assembly the names of all
officers of the navy, marine corps and revenue marine, who, having
resigned the United States service, and having been commissioned
by the governor of this commonwealth, have not been recognized or
acknowledged by the Confederate States.
On motion of Mr. Steger,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of incorporating a cofnpany for the manu¬
facture of rail road equipments, with power to establish mills at dif-
4
2 G
JOURNAL OF THE
ferent points, and giving authority to rail road companies to subscribe
for a part of the capital stock.
Mr. Bass, from the special committee to whom was assigned the
duty to provide rooms for the use of the various committees of the
house, presented a report; which, on his motion, was laid on the
table.
On motion of Mr. Bufoei>,
Resolved, that the committee on banks enquire into the expediency
of so amending the existing laws in regard to dealing in money and
exchanges, as to provide and secure, as far as practicable, the reduc¬
tion of the high rates of premium now usually charged for gold and
silver, by persons so dealing.
On motion of Mr. Evans, the house adjourned until to-morrow, 12
o'clock.
WEDNESDAY, December 11, 1S61.
Prayer by Rev. Mr. Bennett of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Dec. 10, 1SG1.
The senate have passed a bill entitled:
An act constituting part of New river a lawful fence.
In which they respectfully request the concurrence of the house
of delegates.
No. 1. A senate bill entitled an act constituting part of New river
a lawful fence, was read the first and second times, and ordered to'be
referred to the committee of propositions and grievances.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 9.. A bill to suspend sales and legal proceedings in certain
cases, and to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1861- by the convention,
of Virginia.
Mr. McCamant, from the committee of propositions and grie¬
vances, presented the following report:
The committee of propositions and grievances, to whom was re¬
ferred the petition of citizens of the county of McDowell, asking
that the boundary lines of said county may be defined, have had the
same under consideration, and beg leave to submit the following
resolution:
Resolved, that it-is inexpedient to legislate upon the subject.
Mr. Bass, from the committee of claims, presented the following
reports:
The committee of claims, to whom was referred the resolution
instructing them to enquire into the expediency of allowing the
HOUSE OF DELEGATES.
27
account of Major B. L. Billups, for services rendered in the 61st
regiment of Virginia militia, called out. under the proclamation of
the governor of the 13th July last, have had the same under conside¬
ration, and beg leave to report the following resolution :
Resolved, that the committee be allowed to return said resolution
to the house, and to suggest that it be referred to the committee on
military affairs.
The committee of claims, to whom was referred the resolution
instructing them to enquire into the expediency of allowing the
claims of the captain and crew of the York Spit light vessel, for ser¬
vices rendered by them from the 1st day of January 1861 until said
vessel, with its officers and crew, were received into the service of
the Confederate States, have had the same under consideration, and
beg leave to report the following resolution :
Resolved, that the committee be allowed to return said resolution
to the house, and to suggest that it be referred to the committee on
military affairs.
The committee of claims, to whom was referred the resolution
instructing them to enquire into the expediency of allowing compen¬
sation to the officers and privates of the militia of the state called
out under the proclamation of the governor of the 13th July last,
have had the same under consideration, and beg leave to report the
following resolution:
Resolved, that the committee be allowed to return said resolution
to the house, and to suggest that it be referred to the committee on
military affairs.
Mr. Barbour, from the committee on finance, presented an adverse
report on a resolution to enquire- into the expediency of allowing
Harvey Repass, a commissioner of the revenue of the county of
Wythe, additional compensation for preparing separate books for the
county of Bland; which was agreed 'to.
' Mr. Collier presented the following resolutions :
At a special meeting of the common council of the city of Petei'sburg, held on
Tuesday the 10th day of December 1861 :
Mr. D'Arcy Paul offered the following resolutions, which .were unanimously
adopted:
Resolved by the common council of the city of Petersburg, that the city of
Petersburg is opposed to any measure being passed by the legislature, which will
authorize a permanent connection to be made through this city or otherwise,
between the Richmond and Petersburg and Petersburg rail roads.
Resolved, that our representatives in the general assembly be requested to use
their utmost endeavors to defeat such a connection.
Resolved, that one of the members of this council be appointed by the mayor
to convey the foregoing resolutions to our senator and repi-esentative.
Whereupon, Mr. J. Andrew White was appointed under the last resolution.
A copy—Teste,
JOHN C. ARMISTEAD, AssH Clerk C.
Which on his motion was laid on the table and ordered to be
printed. Doc. No. 32.
On motion of Mr. Baskervill, house bill 7, to authorize a
connection between the Richmond, Fredericksburg and Potomae
28
JOURNAL OF THE
rail road and the Richmond and Petersburg rail road in Richmond,
and between the Richmond and Petersburg rail road and Petersburg
rail road in Petersburg, was taken up, and 011 motion of Mr. Wilson,
was laid 011 the table.
On motion of Mr. McKinney,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the existing law as to require the auditor
of public accounts to publish, in one or more newspapers in the city
of Richmond, the names of all officers charged with the collection
and payment of any part of the revenue, who are delinquent, and
.the amount for which each one is delinquent.
On motion of Mr. Edmunds,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of conferring upon the presidents of the
rail road companies the authority and power to protect the bridges,
buildings and other property of their roads.
On motion of Mr. Anderson of Rockbridge, the report of the
special committee relative to extravagant prices and mode of relief,
was taken up and read:
Tlie committee appointed to enquire into the causes of the extravagant prices of
articles of prime necessity, and as to what remedies may he provided, have had the
subject under consideration, and beg leave to make the following report:
Prices are usually regulated bjr supply and demand; but the relation between
them is sometimes disturbed by extraordinary causes—such, for example, as a
state of war; new sources of supply, the increase 01* diminution of the medium of
exchange, taxes, monopolies and speculation. All these causes are doubtless ope¬
rating more or less on prices in this country at the present time. The effect of
war, in obstructing the ordinary channels of commercial intercourse, and thereby
causing extreme fluctuations in prices is well known. It is said by Tooke, that in '
the latter years of the French war the price of sugar in France was as high as 5s.
and fis. a pound, and that coffee rose to 7s. The war in which we are engaged,
which cuts us off, in a great measure, from commercial intercourse with the rest of
the world, has caused the advance in price of commodities, for the supply of which,
before the war, we depended on foreign countries. But the price of commodities,
for which we are not dependent on. other countries—such, for example, as sugar,
ought not to be enhanced, by the existence of the war, much beyond the additional
cost of transportation. Your committee deem it unnecessary to remark on the
other causes assigned as influencing prices, except the last, to wit, speculation. It
is said that a considerable quantity of salt is in the hands of speculators, who
bought it early in the year at prices ranging from $ 1 50 to $ 2 a sack, and who
are now demanding for it from $ 15 to $ 20. Your committee would not condemn
fair and -legitimate speculation ; but the difficulty is to draw the line between what
should be allowed as legitimate, and conducive to the public weal, aiid what should
be condemned as illegal; but they hesitate not to say, that when the country is en¬
gaged in a most perilous war,—a war for existence, and which demands the aid
and sympathy of the whole population, and when the people, with a patriotic zeal
and unanimity unprecedented, are making all necessary sacrifices to bring this
war to a successful termination, for a set of men to be engaged in buying up ar¬
ticles of prime necessity, of which they know there is a limited supply, with the
view of holding them back from the use of the people, until their necessities will
enable them to exact enormous prices,—it is a crime against the state, little short
of treason; and your committee are of opinion that the government would be well
justified in seizing the commodity, allowing the. holders a fair compensation, and
selling it to the people at government cost. There appears to be an insufficient
supply of salt for present wants, which is an article of indispensable necessity;
and it is the seasfin of the year for packing pork; and if something is not speedily
done to supply the people with salt, there will be a great scarcity of meat the next
HOUSE OF DELEGATES.
20
year, and distress in the country. Neither the extent of the deficiency nor the
means of supply is known to your committee. It is not improbable that one-half
of the people of this state are not supplied, and it .is believed that there is a suffi¬
cient quantity in the hands of speculators, and an over supply in the army stores,
to alleviate, if not entirely to relieve the present necessities of the country. They
are informed that the confederate government has in store at Lynchbnrg and at
other places a much larger quantity of salt than the wants of the army will re¬
quire for a long time, and that in addition thereto, the authorities of said govern¬
ment are appropriating a large portion of the weekly product of the salt works in
Washington eouuty, upon which the supply of this state mainly depends. The
said works are now yielding about 14,000 bushels a week, and in the course of a
month it is said will be enabled to nearly double that quantity.
Your committee would further represent, from.the most reliable information, that
the said works will be able, the next year, to yield about 750,000 bushels of salt,
and that the further outlay of fifty or sixty thousand dollars would enable them to
increase the produet beyond one million of bushels. . But the parties, lessees of
the works, are unwilling to make so large an outlay, inasmuch as their present
arrangements would more than supply the demand, if the blockade were opened.
The salt is now sold at 75 cents a bushel at the works, when the cost of making it
does not exceed 30 cents a bushel, including the rent of the property. The said
lessees are now making enormous profits at the expense of those who are main¬
taining the war. Your committee are of opinion that these works should be put
in condition speedily to produce the largest yield of salt which the resources of the
property will afford. The indispensable necessities of the country imperiously
require it; and then, with 'a like policy on the part of our sister states, who have
resources within their jurisdiction for making salt, our people and our armies will
soon be amply supplied with this article, so indispensable to life.
Your committee are of opinion, therefore, that it would be right and proper for
the government of this commonwealth to require of the said lessees to operate their
works so as to yield all the salt which the resources of the property will afford, and
to offer them fair and adequate inducements and guarantees to do so; and in the
event of their refusing to do it, to take possession of the property, granting them
an adequate compensation therefor, and placing it in the hands of parties who will
undertake it. Your committee would therefore, recommend the adoption of the
following resolutions, and the passage of the bills herewith reported :
1. Resolved, that a joint committee' be appointed to call upon the president of
the Confederate States, and represent to him the distressed condition of the coun¬
try for want of salt, and ask him to release so much of the salt now held for the
use of the army as can be done without injury to the public service, to be disposed
of at government cost to meet the wants of the people.
2. Resolved, that a joint committee be appointed to correspond with the lessees
of *the Washington and Smyth salt works on the subjectjof their making imme¬
diate arrangements to increase the product of salt to the"utmost capacity of the
property, and that they be instructed and authorized to enter into negotiations
with the lessees for that purpose, subject to the approval of the general assembly.
. And 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.
On motion of Mr. Anderson of Rockbridge,
Bill No. 4, to prevent extortion in salt, was taken np and read,
and on motion of Mr. Fleming, was recommitted to the committee.
On motion of Mr. Fleming,
Resolved, that the committee on extravagant prices and mode of
relief be enlarged by addition of five new members.
The Speaker anmfunced the names of the following gentlemen,
under the resolution: Messrs. Fleming, Robertson, Bass, Baskervill
and Walker.
SO
JOURNAL OF THE
On motion of Mr. Anderson of Rockbridge-,
Bill No. 5, to regulate the prices of articles of prime necessity
during the war, and to prevent extortion in the sale of them, was
taken upj and recommitted to the committee.
On motion of Mr. Hunter,
Resolved, that the Speaker be directed to issue writs of election
to the counties of Berkeley and Morgan, to supply vacancies existing
in the representation from each of said counties in this house; and
that by publication of proper notices, he fix Thursday the 26th day
of this month (Dec. 1S61) as the day for holding said elections.
On.motion of Mr. Fletcher,
Resolved, that the committee of schools and colleges enquire into
the expediency of enabling the board of school commissioners in
Rappahannock county to comply with their engagements for the
education of indigent children.
On motion of Mr. Anderson of Botetourt,
Bill No. 6, to improve the navigation of New.river, was taken up,
read a second time, and ordered to be engrossed and read a third time.
The Speaker presented a communication from the governor,
enclosing a letter from the adjutant general, which was read, and
laid on the table.
On motion of Mr. Davis of Campbell,
Resolved, that leave be given to withdraw from the files of the
house for the session 18-59 and 1S60, senate bill 160, and that the
same be referred to the committee of propositions and grievances.
On motion of Mr. Spady, •
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill allowing to Charles Smith and Hugh
Ker of the county of Northampton, the sum of seventy dollars for
services rendered in the militia.
On motion of Mr. Steger,
Resolved, that the committee for courts of justice enquire into
the expediency of providing by law for the compensation of the clerk
of the court of hustings for the city of Richmond, for services ren¬
dered by him in commonwealth's cases in that court.
On motion of Mr. Baskervill,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of conferring with the Confederate States
authorities as to the propriety, as a military necessity, of completing
the unfinished portion of the Roanoke Valley rail road so as to con¬
nect the Richmond and Danville rail road in Virginia wit lithe Ra¬
leigh and Gaston rail road in North Carolina, out of any moneys due
from the Confederate States to the state of Virginia.
On motion of Mr. Prince,
Resolved, that the committee on military affairs enquire into the
expediency of amending an ordinance entitled an ordinance to pro¬
vide for the enrollment and employment of free negroes in.the pub¬
lic service, so as to make it obligatory upon thfc county and corpora¬
tion courts, which have not enrolled, to enroll all able bodied male
free negroes between the ages of 18 and 50; of amending section
HOUSE OF DELEGATES.
31
4th so as to require said free negroes to work for four months, if*ne¬
cessary, before returning home, and that no requisition shall be made
for slaves till the free negroes thus enrolled shall have been called
out.
On motion of Mr. Ewing,
Resolved, That leave be given to withdraw, from the files of this
house, the petition of Edward C. Bales (erroneously entered Edward
C. Bates), commissioner.of the revenue for Lee county, and that the
same be referred to the committee on finance.
O'n motion of Mr. Swing,
Resolved, that the committee for courts of justice enquire into the
expediency of remitting a fine imposed upon Job B. Crabtree by the
circuit court of Lee county.
On motion of Mr. Dunn,
Resolved, that the committee on military affairs enquire into the
expediency of at once macadamizing certain portions of the Russell
old courthouse and Abingdon turnpike leading into Pound gap, as a
military necessity, out- of moneys due by the confederate govern¬
ment to the state of Virginia.
On motion of Mr. Kyle,
Resolved, that the appropriate committee enquire into the expe¬
diency'of authorizing the county court of Carroll to subscribe a sum
of money for the completion of the Wytheville and Grayson turn¬
pike road as a military necessity.
On motion of Mr. McDonald of Hampshire,
Resolved, that.the select committee on extravagant prices enquire
into the expediency of authorizing the governor or other state autho¬
rity to purchase all the salt produced at the Washington or other
salt mines in the state, with a view of insuring the distribution of
salt amongst the citizens of the commonwealth at fair prices.
On motion of Mr. Blue,
Resolved, that the committee of privileges and. elections enquire
into the expediency of declaring the seat of A. Williamson vacant
from the election' district composed of the counties of Gilmer, Cal¬
houn, Wirt and a part of Roane.
On motion of Mr. Taylor, '
It having been represented to this house that the Honorable Enoch'
Louis Lowe, formerly governor of the state of Maryland, who is
equally distinguished for his talent, high moral character and loyalty
to the south, is now a refugee from his home, deprived of his pro¬
perty, and is worthy of special notice by this house: and it being
proper to extend welcome and encouragement to citizens of the state
of Maryland who have retained their fidelity to the cause of the Con¬
federacy under the trying circumstances in which they have been
placed :
Resolve'd, that the Speaker extend a special invitation on behalf of
this house to Governor Lowe to occupy one of the privileged seats
on the fioor of the hall whenever it may suit his convenience.
On motion of Mr. Kelson of Fluvanna, the house adjourned until
to-morrow, 12 o'clock.
JOURNAL OF HIE
THURSDAY, December 12, 1SGD
Prayer by Rev. Mr. Bennett of the Methodist church.
A message from the senate, by their clerk, was read as follows :
In Senate, Dec. 11, 1SGD
The senate have agreed to a joint resolution relative to the publi¬
cation of the constitution of the Confederate States.
In which they respectfully request the concurrence of the house
of delegates.
The resolution was agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. .Eutiierfoord, from the committee for courts of justice, pre¬
sented the following report:
A report referring to the committee on finance a resolution relative
to the publication in one or more of the newspapers in the city of
Richmond, all officers charged with the collection and payment of
any part of the revenue. , *
Mr. Orgaix, from the committee on agriculture and manufactures?
presented the following bill:
No. 10. A bill to incorporate, the Virginia chemical works.
The Speaker presented a communication from the • governor, en¬
closing a list received from the navy department of the Confederate
States, of officers on reserved list of the United States navy who re¬
signed since the secession of Virginia and have not been appointed
in the Confederate States navy, which was read and laid on the table,
and ordered to be printed. Doc. No. 34.
The Speaker laid before the house a memorial, signed by Charles
W. Russell and others, in relation to vacancies in the house of dele¬
gates from the counties of Northwestern Virginia; which was read,
and on motion of Mr. Baskervill, laid on the table and ordered to
be printed. Doc. No. 33.
On motion of Mr. Wilson of Isle of Wight,
Resolved, that the board of public works be requested to furnish
to this house a statement of the amount of money it will be neces¬
sary to appropriate to remove the obstructions to the navigation of
New river by batteaux, and to improve the navigation of said stream
by sluices, in such manner as will accommodate the transportation of
military stores in batteaux, from some point at or near Central depot
on the Virginia and Tennessee rail road, to .the mouth of the Green¬
brier river, and what time it will take to complete the work, with an
appropriation of thirty thousand dollars at this session of the legis¬
lature.
On motion of Mr. Rutherfoord,
Resolved, that the committee for courts of justice enquire what
amendments (if any) in the criminal code of Virginia are made ne¬
cessary by the occupation of the public enemy of .certain parts of
the state, and what legislation (if'any) is necessary under ordinance
No. S2 of the convention of Virginia.
HOUSE OF DELEGATES.
33
On motion of Mr. Gordon,
Resolved, that leave be given to bring in a bill to amend the char¬
ter of the town of Fredericksburg.
The Speaker- announced the following committee under the reso¬
lution : Messrs. Gordon, Newton, Reid, Rutherfoord and Hunter.
Subsequently Mr. Gordon, from the committee, presented the fol¬
lowing bill:
No. 11. A bill amending the charter of the town of Fredericks¬
burg ; which was read a first time, and ordered to be read a second
time:
On motion of Mr. Tate,
Resolved, that so much of the governor's message as relates to the
Eastern and Western lunatic asylums, with the accompanying docu¬
ments, be referred to the committee on-lunatic asylums.
On motion of Mr. Gilmer,
Resolved, that leave be given to withdraw from the files of this
house, the petition of Coleman D. Bennett, executor of Howard Craft
deceased, asking for the refunding of a fine paid by said Craft in his
lifetime, and that the same be referred to the committee on finance.
On motion of Mr. Cecil,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of passing an act changing the county line
of Wythe and Pulaski, so as to include within- the boundaries of the
latter county the residence and plantation of Joshua A. Holmes.
On motion of Mr. Vaiden,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of so amending the -law referring to the
subject, as to require the adjutants of regiments, or any officers act¬
ing as such, in presenting their bills for mustering companies having
no officers, to certify on oath that said officer did muster said com¬
pany, and for such a length of time as the law requires.
On motion of Mr. Woolfolk,
Resolved, that the governor's .proclamation of the 13th of July
1861, exempting overseers and others from service in the army as
militiamen, be referred to the committee on military affairs, with in¬
structions that the said committee enquire into the expediency of re¬
porting a bill repealing the ordinance of the convention of Virginia
giving the governor such power.
On motion of Mr. Ewing,
Resolved, that the committee on finance enquire "into the expe¬
diency of allowing Edward B. Bales, commissioner of the revenue
for Lee county, a certain sum of money erroneously charged against
him.
Mr. Ward presented the petition of the common council of Win-
•chester, praying the legalization of small notes issued by the* corpo¬
ration of Winchester; which was ordered to be referred to the com¬
mittee on banks.
Mr. Steger presented the petition of Joseph R. Anderson & Co.
in relation to their contract for the manufacture of arms; which was
ordered to be referred to the committee of claims.
5
34
JOURNAL OF THE
No. 6. An engrossed bill to improve the navigation of New river,
was taken up.
Mr. Wilson submitted the following ryder :
" Provided, that this act shall not be in force or take effect ufitil
the president and directors of the New river navigation company
shall have transferred, and authority is hereby given tliem to transfer,
to the board of public works, without compensation to the stock¬
holders, all the franchises, rights, title and interest of said New river
navigation company in said improvement."
Which was read a first and second time ; and the question beihg—
Shall the ryder be engrossed and read a third time? was put, and de¬
cided in the negative.
On motion of Mr. Newton, the bill was laid on the table.
On motion of Mr. Collier,
Resolved, that the governor be requested to furnish the names of
any Virginians, officers in the late U. S. army, who having resigned
their commissions in said army, have not been commissioned in the
service of the Confederate States.
On motion of Mr. Laidley,
Resolved, that the committee of privileges and elections enquire
into the representation in this house from the county of Wayne, and
make report thereon.
On motion of Mr. Rutherfooed,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting bill of the last session, entitled a bill
to carry into effect the nineteenth clause of the 4th article of the
constitution.
On motion of Mr. Rowan,
Resolved, that the committee on banks enquire into the .expe¬
diency of authorizing the state to issue one million of dollars in
small treasury notes, to take the place of shinplaster currency now
flooding the country.
The following bills were read a first time, and ordered to be read
a second time:
No. 7. A bill to authorize a connection between the Richmond,
Fredericksburg and Potomac rail road and the Richmond and Peters¬
burg rail road in Richmond, and between the Richmond and Peters¬
burg rail road and Petersburg rail road iu Petersburg.
No. S. A bill to compel turnpike and plank road companies to
remove dead arid dangerous timber.
No. 9. A bill to suspend sales and legal proceedings in certain
cases, and to repeal an ordinance to provide against the sacrifice of
property, and to suspend proceedings in certain cases, passed on the
30th day of April. 18(51, by the convention of Virginia.
No. 12. A bill authorizing the governor to make a requisition-
upon the salt works of Washington and Smyth counties, for one
hundred thousand bushels of salt, to be distributed according to the
necessities of the people of this commonwealth, upon their paying
the cost thereof.
On motion of Mr. Prince, the 'house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
35
FRIDAY, December 13, 1861.
Prayer by Rev. Mr. Bennett of the Methodist church.
Mr. Blue, from the committee of privileges*and elections, presented
the following reports:
A report declaring the seat of Mr. Williamson, from the counties
of Gilmer, Calhoun, Wirt and a part of Roane, vacant.
A report declaring the seat of Ratcliffe, from the county
of Wayne, vacant.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing reports:
An adverse report to the petition of Edw'd B. Bales, commissioner
of the revenue of Lee county, asking to have refunded a sum of
money erroneously charged against him.
An adverse report to the petition of Archibald Davis, to have a
sum* of money refunded, paid by him on account of license tax.
Mr. Anderson, from the special committee to whom had been
recommitted
No.*4. A bill to prevent extortion in salt, reported a substitute
therefor.
On motion of Mr. Barbour, leave was given the committee on
finance to sit during this day's sessiqn of the house.
On motion of Mr. Prince, .
Resolved, that the committee on finance enquire into the expedi¬
ency of reimbursing the cities, towns and counties for equipping the
volunteers of this state.
On motion of Mr. Payne,
Resolved, that the committee for courts of justice enquire into the
expediency of so modifying the usury laws of this commonwealth,
that in contracts hereafter 'entered into for the lending of money, the
borrower may obligate himself to pay such taxes as the state of
Virginia or the.Confederate States may levy on said money.
Mr. Cazenove presented the petition of C. A. Baldwin & Co.,
asking that they may be permitted to sell goods in Richmond city
under the state license obtained by them in the county of Culpeper;
which was ordered to be referred to the committee on finance.
On motion of Mr. Newton,
Resolved, that the committee on finance enquire into the expedi¬
ency of granting to sheriffs and other officers further time for the
collection of taxes, in whole or in part, in counties or cities, where,
from peculiar circumstances arising out of a state of war, they have
been or shall be unable to make collections.
On motion of Mr. Woolfolk,
Resolved, that leave be given to withdraw from the files of the
house of delegates of the last session bill 224, and that the same be
referred to the select committee on free negroes.
Mr. Forbes presented the petition of Cyrus Cross, jailor of Fau¬
quier county, in relation to charges for board of persons confined in
jail; which was ordered to be referred to the committee for courts
of justice. .
JOURNAL OF THE
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 agreed to certain joint resolutions in relation to
conferring with the president of the Confederate States in relation to
salt, and to correspond with the lessees of the Washington and
Smyth salt works.
The Speaker announced the following committees under the re¬
solutions :
Committee to confer wifh the president of the Confederate States:
Messrs. Collier, Newt'on, Hunter, Edmunds, Bouldin, Tate and
Gordon.
Committee to correspond with the lessees of the salt works:
Messrs. Anderson of Rockbridge, Forbes, Ward, Thomas, Staples,
Steger, Bass, Flood and Baskervill.
On motion of Mr. Buford,
Resolved, that the committee of claims be instructed to enquire
into the expediency of making compensation to George C. Cabell,
for certain services as attorney for the commonwealth for the town
of Danville, rendered by him during the years 186-0 and 1861.
The Speaker laid before the house a communication from E. B.
Boutwell, late commander U. S. navy; which was read and •laid on
the table.
No. 11. A bill amending the charter of the town of Fredericks¬
burg, was read a second time, and ordered to be engrossed and read
a third time.
No. 5. A by 1 to regulate prices of articles of prime necessity du¬
ring the war, and to prevent extortion in the sale of them, was taken
up, on motion of Mr. Anderson of Rockbridge, and read a second
time.
Mr. Tate submitted a substitute for the bill.
On motion of Mr. Collier, the bill and substitute were laid on
the table, and the substitute ordered to be printed.
Mr. Baskervill submitted the following resolution; which, on
his'motion, was laid on the table:
Resolved, the senate concurring, that the ordinance of the conven¬
tion of Virginia passed.the 30th day of April 1861, entitled an ordi-
nance< to provide against the sacrifice of property, and to suspend
proceedings in certain cases, be continued in force until the 3d day
of February 1862.
On motion of Mr. Steger,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law for a speedy remedy for the recovery
of rent, aud also for the more speedy recovery by landlords of the
possession of the demised premises. #
On motion of Mr. Blue, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
37
SATURDAY, December 14, 1861.
Prayer by Rev. Mr. Bennett of the Methodist church.
A communication from the senate, by their clerk, was read \is
follows:
In Senate, Dec. 13, 1861.
The senate have passed a bill entitled :
An act to authorize county and corporation courts to certify insol¬
vent muster fines in certain cases, No 3.
In which they respectfully request the concurrence of the house
of delegates.
No. 3. A senate bill entitled an act to authorize county and cor¬
poration courts to certify insolvent muster fines in certain cases, was
read a first and second times, and referred to the committee on mili¬
tary affairs.
Mr. Ruthekfoord, from the committee for courts of justice, pre¬
sented the following reports :
A report as to the expediency of changing the law relative to the
sale of ardent spirits.
A report referring to the committee on finance a resolution relative
to the expediency of increasing the pay allowed to sheriffs and ser¬
geants for keeping and supporting slaves and other persons confined
in jail.
Mr. Baskervill, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 13. A bill to suspend appropriations to works of internal im¬
provement, heretofore made, until further legislation may be had.
On motion of Mr. Anderson of Botetourt, •
Resolved, that so much of the governor's message and the accom¬
panying documents as refer to.the subject of nitre, and the method
of obtaining an adequate supply thereof, be referred to the committee
on military affairs.
The Speaker laid before the house a communication from the
governor, in response to a resolution of the house in relation to re¬
signed officers in the army of the United States; which was read,
laid on the table and ordered to be printed. Doc. No. 35.
On motion of Mr. Pitman,
Resolved, that leave be given to withdraw from the files of this
house, certain papers for the relief of J. J. Grandstaff, late sheriff of
Shenandoah county, and that the same be referred to the committee
on finance.
Mr. Pitman presented the petition of Jacob Lang and others,
praying for the relief of the sureties of James W. Smoots, late
deputy sheriff of Shenandoah county; which was ordered to be re¬
ferred to the committee on finance.
On motion of Mr. Prince,
Resolved, the senate concurring, that a joint committee of
.members be appointed to visit the salt works in the counties of
Washington and Smyth, to ascertain the nymber of bushels the said
38
JOURNAL OF TIIE
works can manufacture per day; whether the capacity of said works
can be increased, and at what cost; whether any salt can now be
purchased to supply the immediate wants of the people : in fine, to
enquire into all the facts calculated to impart information to the
general assembly.
On motion of Mr. Treadway,
Resolved, that the select committee 011 the expediency of leasing
the salt works in Washington and Smyth be instructed to enquire
into the expediency of providing by bounties for the increased pro¬
duction of salt in this state; and particularly for its manufacture
from sea water.
Mr. Riddick presented the petition of the Windsor tanning and
boot and shoe manufacturing company, praying an act of incorpora¬
tion ; which was ordered to be referred to the committee on agricul¬
ture and manufactures.
On motion of Mr. Collier,
Resolved, that the committee for courts of justice enquire into the
expediency of amending chapter 130 of the Code of Virginia.
On motion of Mr. Wilson of Isle of Wight,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill directing the commissioner of the revenue
of Isle of Wight county to reassess the mill property of Robert
Jones and Wm. Mily in said county.
The following resolution, heretofore laid on the table, was taken
up, on motion of Mr. Baskervill :
Resolved, that this house, by virtue of authority vested by the
convention, will forthwith proceed to appoint delegates to represent
those counties declared vacant by the resolutions of a special com¬
mittee, and adopted by the house.
Mr. Tate submitted the following substitute to the resolution: .
Resolved, that the ordinance of the convention of Virginia relating
to vacancies in the general assembly, be referred to the committee
for courts of justice, with instructions to enquire and report what
(if any) action is incumbent upon this house in consequence of the
passage of said ordinance.
Mr. Barbour moved that the resolution and substitute be laid on
the table; and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Collier, the vote was recorded as follows:
Avr.s—Messrs. F. T. Anderson, Barbour, Bass, Bayse, Bradford, Brooks, Buford, Caze-
nove, Cecil, Clarke, H. N. Coleman, Crockett, Custis, J. I), Davis, It. J. Davis, Dunn, ■
Eggleston, Ewing, Fletcher, Flood, Forbes, Franklin, Friend, Harrison, George, Harrison,
Hunter, Irby, Jones, Kyle, Laidley, Lively, Lynn, Mallory, Mathews, McCaniant, Monta¬
gue, K. E. Nelson, W. G. T. Nelson, Newton, Nolaud,. Payne, Prince, Keid, Rutherfoord,
P. C. Saunders, Spady, Staples, Steger, Tate, Taylor, Thomas,.Thrash, Treadway, Walker,
Ward, Williams, J. L. Wilson, Woodliouse, Woolt'olk, Wootten, Worsham, Wright and
Wynne—(>4.
Noes—Messrs. Kemper (speaker), J. T. Anderson, Baskervill, Blue, Burks, Collier, Flem¬
ing, lluntt, Johnson, Jordan, Kaufman, Loekridge, Lujxly, A. W. McDonald, i E. Mc¬
Donald McLaughlin, Orgain, Richardson, Itiddick, Robertson, Rowan, Shannon, Vaidon,
G. H. West and Woodson—•2b.
The Speaker laid before the house a communication from the
governor, in relation to certain rail road connections in the state;
which was laid on the table and ordered to be printed. Doc. No. 36.
HOUSE OF DELEGATES.
39
No. 4. A bill to prevent extortion in salt, was taken up and read
a second time.
Mr. Buford submitted a substitute for the bill; and the question
being on agreeing thereto, was put, and decided in the negative.
The bill was then amended, and as amended, read a second time,
and ordered to be engrossed and read a third time.
On motion of Mr. Friend,
Resolved, that the committee of claims be instructed to enquire
into the expediency of reporting a bill for the relief of Tlmmas E.
Sims, who was captured at Philippi.
No. .9. A bill to suspend sales and legal proceedings in certain
cases, and.to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1S61, by the convention
of Virginia, was taken up and read a second time.
On motion of Mr. Burks, the bill was laid on the table, and made
the order of the day for Monday the 16th inst. at 12 o'clock.
On motion of Mr.-Jones, the house adjourned until Monday,
12 o'clock.
MONDAY, December 16, 1861.
Prayer by Rev. Mr. Peterkin of the Episcopal church.
Mr. McCamant, from the committee of propositions and grievances,
presented the following bill:
No. 14. A bill to incorporate the Mutual life insurance company
of Lynchburg.
Mr. McCamant, from the same committee, presented an adverse
report to the petition of Flora. Jones, asking to enslave herself and
• child.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing bill:
No. 15. A bill for the relief of John S. Carrell, John W. Gresham,
administrator of George W. Flowers, and Win. A. Kirk.
Mr. Barbour, from the same committee, presented an adverse re¬
port to the petition of C. A. Baldwin & Co.-, asking that they be per¬
mitted to sell goods in Richmond city under the state license ob¬
tained by them for the county of Culpeper.
.The Speaker laid before the house a communication from the go¬
vernor, enclosing certain joint resolutions ■ adopted by the general
assembly of the state of Tennessee; which were read, and on mo¬
tion of Mr. McCamant, laid on the table and ordered to be printed.
Doc. No. 37.
. On.motion of Mr. Orgain,
Resolved, that the committee'on banks be instructed to enquire
into the expediency of requiring the banks of this state-to issue
40
JOURNAL OP TIIE
twenty per cent, of their respective capital stocks, in notes below
the denomination of five dollars, and not less.than one. dollar; ten
per cent, thereof to be issued in one dollar notes, and paid in gold
and silver coin on presentation.
On motion of Mr. West,
Resolved, that the senate concurring, this house will, on the 9th
day of January 1S62 proceed to select senators to represent Virginia
in the senate of the confederate congress.
On motion of Mr. Fleming,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reporting a bill to authorize the rais¬
ing of a force of ten thousand men, to be under state control, for the
defence of exposed portions of' the commonwealth, which may not
be provided for by the confederate authorities.
On motion of Mr. McKinney,
Resolved, that leave be given to withdraw from the files of the
house, bill 125, and that the same be referred to the committee on
finance.
On motion of Mr. Lynn,
Resolved, that the committee on military affairs be requested to
enquire into the expediency of allowing James Purcell the sum of
forty-five dollars for bacon and hay furnished the militia of Prince
William county, by order of Col. Eppa Hunton, of the 8th regiment
of Virginia volunteers.
Mr. Davis presented the petition of S. J. Wiatt, asking the relin¬
quishment in his favor of the commonwealth's right to a part of lot
No. 455 in Lynchburg; which was ordered to be referred to the
committee of propositions and grievances.
On motion of Mr. Mathews,
Resolved, that the communication of the executive of Saturday
last, in reference to the 'Central and Covington and Ohio rail roads,
with the accompanying documents, be referred to the committee of
roads and internal navigation.
No. 6. An engrossed bill to improve the navigation of New river,
was Caken up, on motion of Mr. Anderson of Botetourt, and read a
second time.
Mr. Wilson of Isle of Wight submitted a ryder to the bill;
which was read a first and' second times, and ordered to be engrossed
and read a third time.; and the question being Shall the bill pass,
was put, and decided in the- affirmative—Aves 92, noes 2.
Ayes—Messrs. Kemper (speaker), F. T. Anderson, J. T. Anderson, Baker, Barbour,
Baskervill, Bass, Bayse, Blue, Bradford, Buford, Burks, Carter, Cazenove, Cecil, Clarke,
H. N. Coleman, Collier, Crockett, Custis, J. D. Davis, R. J. Davis, Dunn, Eggleston, Ew-
ing, Fleming, Fletcher, Flood, Forbes, Friend, Garrison, George, Gordon, Harrison, Hop¬
kins, Huntt, Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Lock-
ridge, Lynn, Mallory* Matliev.-s, McCanVmt, A. W. McDonald, McKinney, McLaughlin,
Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Noland, Org.iin, Payin , Pit¬
man, Prince, Reid, Richardson, Riddick, Robertson, Rowan, Kutherfoord, P. C. Saunders,
R. C. Saunders, Shannon, Spady, Staples, Steger, Tate, Taylor, Thomas, Thrash,• Tread-
way, Vaiden, Vermillion, Walker Ward, G. H. West, Williams, J. L. Wilson, Woodhouse,
Woodson, Vv ooltolk, \\ ootten, \\ orsham and Wynne -'J2
Noes—Messrs. Franklin and Grattan—2.
HOUSE OF DELEGATES.
41
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Okgain,
Resolved, that the committee on military affairs, in any modifica¬
tion of the laws increasing the pay, emoluments and privileges of
such of the twelve months' volunteers as may again enlist, be in¬
structed to enquire also into the expediency of including those volun¬
teers who enlisted for the same or a lopger period, but who have
been disbanded on account of their losses in battle, or from sickness
and hardships incident to the service.
Mr. Treadway presented two petitions of citizens of Prince Ed¬
ward, praying that the savings bank in said county might be allowed
the privilege of issuing small notes; which was ordered to be referred
to the committee on banks.
No. 9. A.bill to supend sales and legal proceedings in certain cases,
and to repeal an ordinance entitled an ordinance to provide against
the sacrifice of property, and to suspend proceedings in certain cases,
passed on the 30th day. of April 1861, by the convention of Virginia,
being the order of the day, was taken up, and amended. Pending
the consideration of which,
On motion of Mr. Lynn, the house adjourned until to-morrow, 12
o'clock/
TUESDAY, December 17, 1861.
Prayer by Rev. Mr. Woodbridge of the Episcopal church.
Mr. Rutherfoorb, from the committee for courts of justice, pre¬
sented a report, asking to be discharged from the further consideration
of the petition of Cyrus Cross, jailor of Fauquier county, and that
the same be referred to the committee on finance.
On motion of Mr. Robertson,
Resolved, that so much of the governor's message as relates to the
subject of currency, be referred to the committee on banks.
The Speaker laid before the house a communication from the
board of public works, in relation to the improvement of New river;
which was ordered to be laid on the table.
The Speaker laid before the house a letter from the honorable E.
Louis Lowe, late governor of Maryland, in response to a resolution
of the house of delegates, inviting him to a privileged seat on the
floor of the hall of that body; which was read, and on motion of
Mr. Fleming, laid on the table, and five thousand extra copies
ordered to be printed. Doc. No. 38.
No. 4. An engrossed bill to prevent extortion in salt, was taken
up, on motion of Mr. Anderson of Rockbridge, and read a third
time; and the question being—Shall the bill pass ? Mr. Anderson
of Rockbridge demanded the previous question; which was sustained
by the house; and being put, was decided in the affirmative.
6
42
JOURNAL OF THE
On motion of Mr. Walker, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Tinker, Baskovvill,
Bass, IJayse, Blue., Burks, Clarke, Crockett, Custis, ,T. D. Davis, Dunn, Egglcston, Ewing,
Fleming, Fletcher. Flood, Forbes, Fratikliu, George, Hopkins, Hunter, lluntt, James,
Johnson, Jordan, Kaufman, Kyle, Lively, Lundy, Lynn, Mallory, Mathers, McCamunl, I.
E. McDonald, MeKiniiey, McLaughlin, Montague, Murdaugh, R. E. Nelson, W. G. T.
Nelson, Orgain, Payne, Pitman, Prince,, Iiiddiek, Rives, Robertson, Rovrau, Shannon, Sta¬
ples, Taylor, Thomas, Thrash, Treadway, Tyler, Vaiden, Vermillion, Walker, Ward, Wood-
house. Woodson, Woolfolk, Worshain and Wright—U7.
Noes—Messrs. Bradford, Brooks, Buford, Cecil, J. J. Coleman, II. N. Coleman, Collier,
Dabney, R. J. Davis, Friend, Garrison, Gilmer, Gordon, Grattan, Harrison, Irby, Jones,
Laid ley, A. W. McDonald, Newton, Nolaud, Richardson, KutherfooTd, 1'. C. (Saunders, R.
C. Saunders, Skeffey, Spady, Steger, Tate, Williams, J. L. Wilson, S. Wilson and Woot-
ten—JT
A message was received from the senate by Mr. Thomas, the
senator from Henry, who informed the house of delegates that the
•senate had passed a resolution for a recess of that body: in which
they respectfully requested the concurrence of the house of delegates.
On motion of Mr. Buford,
Resolved, that the committee of propositions and grievances he
instructed to enquire into the expediency of so amending the charter
of the town of Danville, as to provide for increasing the number of
aldermen to be elected for said town.
Mr. Payne presented the petition of Wm. M. Hume, sheriff of
Fauquier county, praying to be released from the payment of certain
damages adjudged against him, and to be refunded certain' other
damages adjudged against him ; which was ordered to be referred to
the committee on finance.
On motion of Mr. Grattan, the house adjourned until to-morrow,
12 o'clock.
WEDNESDAY, DECEMBER IS, 1861.
Prayer by Rev. Mr. Peterkin of the Episcopal church.
A joint resolution from the senate, for a recess of that body from
Saturday the 2ist inst. to the 2d of January 1862, was'taken up.
Mr. George moved to amend the resolution by striking out the
"2d of January," and inserting the " 1st Monday of January 1862;"
and the question being on agreeing thereto, was put, and decided in
the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
Ordered, that Mr. George carry the same to the senaje, and re¬
quest their concurrence.
"Mr. Bass, from the committee of claims, presented the following
bill:
No. 16. A bill to refund to Edmund W. Bayley a sum of money
erroneously paid by him into the treasurV.
The Speaker laid before the house a communication from G M.
HOUSE OF DELEGATES.
•43
Shaffer, a delegate elect from the county of Berkeley, resigning his
seat in the house of delegates; which was ordered to be laid on the
table.
On motion of Mr. Newton, *
Resolved, that a select committee of seven be appointed to enquire
what action (if any) ought to be taken by this house to encourage
the manufacture of salt from sea water.
The Speaker announced the committee as follows : Messrs. New¬
ton, Tread way, Sheffey, Collier, Saunders of Franklin, Bouldin and
Steger.
On motion of Mr. Evans,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill prohibiting the sale of ardent spirits,
under any circumstances, to negroes, in any of the counties from
which the militia may have been called out.
On motion of Mr. Baskeevill,
Resolved, that the committee on finance be instructed to enquire into
the expediency of refunding to C. R. Edmonson, late sheriff of Meck¬
lenburg county, the amount of damages paid by him to the common¬
wealth ; and also, whether he should not be paid the full amount of
commissions allowed by law for collecting and promptly paying the
revenue.
Mr. Baskeevill presented the petition of C. R. Edmonson, late
sheriff of Mecklenburg, in relation to. the subject of the foregoing
resolution.
On motion of Mr. McCamant,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the laws concerning western land titles,
as will more effectually protect the right of loyal citizens of this
commonwealth against the claims of alien enemies.
No. 2. A bill to amend and re-enact the 13th section of an act
entitled an act incorporating a company to establish a turnpike road
from the town of Manchester to the town of Petersburg, and re¬
pealing all provisions contained in other acts relating to said com¬
pany, inconsistent with this act, was taken up, on motion of Mr.
Friend, and read a second time.
Mr. Friend submitted a substitute for the bill. Pending the con¬
sideration of which,
On motion of Mr. Friend, the bill and substitute were laid on the
table.
On motion of Mr. Robertson,
Resolved, that the committee on military affairs be enlarged, by
the addition of five members thereto.
The Speaker announced the names of the following gentlemen,
under the resolution : Messrs. Edmunds, Sheffey, Flood, George and
Minor.
No. 9. A bill to suspend' sales and legal proceedings in certain
cases, and to repeal an oififcnance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer-
44
JOURNAL OF THE
tain cases, passed on the 30th day of April 1S61, by the convention
of Y irginia, being: unfinished business, was taken up, on motion of
Mr. Berks, and read a second time.
Mr. Harrison submitted a substitute for the bill. Pending: the
consideration of which, the bill and substitute were laid on the table,
and the substitute ordered to be printed.
No. 12. A bill authorizing the governor to make a requisition
upon the salt works of Smyth and Washington counties, for one
hundred thousand bushels of salt, to be distributed according to the
necessities of the people of this commonwealth, upon their paying
the cost thereof, was taken up, and amended, by adding the " towns
of Fredericksburg, Strasburg and Danville" as depots for the dis¬
tribution of salt.
Mr. Forres moved to add "Warrenton." Pending the considera¬
tion of which, the bill was laid on the table.
No. 11. An engrossed bill amending the charter of the town of
Fredericksburg, 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. Ward,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill providing for the payment of certain
claims due P. Kleptine, for furnishing colors for the use of the militia
in the service of the state. .
On motion of Mr. Blue,
Resolved, that the committee on finance enquire into the ex¬
pediency of providing by law for the assessment and collection of
taxes in counties partially invaded by the public enemy, and where
the revenue officers have failed or been prevented from performing
their duties.
On motion of Mr. Orgain,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law so as to enable fiduciaries to collect
so much of the interest due as may be necessary to pay the state and
confederate taxes.
On motion of Mr. Anderson of Rockbridge,
Resolved, that so much of the governor's message as relates to the
preparation and preservation of a complete and accurate list of our
forces in the field, be referred to the committee on military affairs.
On motion of Mr. Reid,
Resolved by the house of delegates (the senate concurring), that
when the house adjourns on Saturday the 2Jst instant, it will adjourn
until the first Monday in January next.
Ordered, that Mr. Reid carry the same to the senate, and request
their concurrence.
On motion of Mr. Giiattan, for Mr. Citstis,
Resolved, that the committee on finance be instructed to enquire
into the expediency of providing mean$for the relief of the loyal
poor citizens of Elizabeth City county and the lower part of War¬
wick, now in the hands of the enemy.
HOUSE OF DELEGATES.
45
On motion of Mr. Woolfolk,
Resolved, that the 19th section of article 4th of the constitution
of Virginia be referred to the select committee oti free negroes, with
instructions that the said committee enquire into the expediency of
reporting a bill carrying into effect the provisions of the said section.
On motion of Mr. Rutherfoord,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law for the punishment of citizens who
clandestinely and without authority attempt to pass the posts, guards
or pickets of the army.
On motion of Mr. Davis,
Resolved, that the committee on finance enquire into the expe¬
diency of allowing to Francis Thornton, sheriff of the county of
Campbell, in paying the taxes for the present year into the treasury,
a credit for the amount of damages paid by him on the license tax
of this year.
On motion of Mr. Murdaugii,
Resolved, that the communications of the governor relating to the
resignation of navy and army officers, laid on the table by order of
the house, together with the report of the committee of the conven¬
tion relating to that subject, adopted December 6, 1861, be referred
to the committee on military affairs.
On motion of Mr. Rives,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill confiscating all the rail road and bank
stock owned by men who are enemies of the government, whether
resident within or without the limits of the commonwealth.
Mr. Newton submitted the following preamble and resolution ;
and the question being on agreeing thereto, was put, and decided in
the affirmative:
Whereas it hath pleased Almighty God, in his providence, to afflict
the city of Charleston, S. C., with a terrible calamity, whereb}* thou¬
sands of her citizens have been rendered homeless and destitute, it
becomes the representatives of the people of Virginia, bound as she
is in the closest ties of affection and interest to South Carolina, en¬
gaged in a common struggle for liberty and. independence, with one
hope and one destiny, to tender our cordial sympathy to her suffering
people, and to offer them some substantial evidence of the sincerity
of our condolence:
Be it therefore resolved, that the committee on finance be in¬
structed to report a bill appropriating the sum of'$50,000 for the
relief of the sufferers by the late fire at Charleston, S. C.
The following bills were taken up, amended, and as amended read
a second time, and ordered to be engrossed and read a third time:
No. 7. A bill to authorize a connection between the Richmond,
Fredericksburg and Potomac rail road and the Richmond and Peters¬
burg rail road in Richmond, and between the Richmond and Peters¬
burg rail road and Petersburg rail road in Petersburg.
No. S. A bill to compel turnpike and plank road companies to
remove dead and dangerous timber.
46
journal of tiie
No. 10. A bill to incorporate the Virginia chemical works.
The following bill (two-thirds concurring) was read a first and
second times, and ordered to be engrossed and read a third time:
No. 15. A bill for the relief of John S. (Jarrell, James W. Greshain,
administrator of George W. Flowers deceased, and William N. Kirk.
The following bills were read a first time, and ordered to be read
a second time :
No. 13. A bill to suspend appropriations to works of internal im¬
provement, heretofore made, until further legislation may be had.
No. 14. A bill to incorporate the Mutual life, insurance company
of Lynchburg.
No. 16. A bill to refund to Edmund W. Bayley a sum of money
erroneously paid by him into the treasury.
No. 17. A bill to provide for the construction of a rail road for
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of ohenaruioah, with the Winchester and
Potomac rail road at or near Winchester in the county of Frederick.
A message was received from the senate by Mr. NewlOn, who
informed the house of delegates that the senate had passed a bill
entitled an act to provide for holding elections to fill vacancies in the
representation in the senate from the 46th and 50th districts, No. 5:
in which they respectfully requested the concurrence of the house of
delegates.
The following reports of committees were taken up and concurred
in:
From the committee for courts of justice:
A report referring to the committee on finance a resolution relative
to the expediency of increasing the pay allowed to sheriffs and ser¬
geants for keeping and supporting slaves and other persons confined
in jail.
A report as to the inexpediency of changing the law relative to
the sale of ardent spirits.
A report on the petition of Cyrus Cross, jailor of Fauquier county,
referring the same to the committee on finance.
From the committee on finance:
An adverse report to the petition of Archibald Davis, to have a
sum of money refunded to him, paid by him on account of license
tax.
An adverse report to petition of E. B. Bales, commissioner of the
revenue for Lee county, asking to have refunded a sum of money er¬
roneously charged against him.
An adverse report to a resolution on the same subject.
An adverse report to the petition of C. A. Baldwin & Co., asking
that they may be permitted to sell goods in Richmond under the
state license obtained by them for the county of Culpeper.
From the committee of propositions and grievances:
An adverse report to petition of Flora Jones, asking to enslave
herself and child, the subject being controlled by former legislation.
A report referring to the committee on military affairs a resolution
in relation to the construction of a military road from Tazewell court-
tnnco f!!iloll nmi rflirm atv
HOUSE .OF DELEGATES.
47
An adverse report to petition of citizens in relation to the* bounda¬
ries of McDowell county.
The following reports from the committee of privileges and elec¬
tions were recommitted to the said committee: #
A report declaring the seat of Williamson, the delegate
elect from the election district of Gilmer, Calhoun, Wirt and a part
of Roane vacant.
A report declaring the seat of Ratclilfe, the delegate
elect from the county of Wayne vacant.
A message was received from the senate by Mr. Witten, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to improve the navigation of New river, No. 0. •
The Speaker laid before the house a" communication Irom the go- <
vernor in reference to reprieves and pardons ; which was laid on the
table and ordered to be printed. Doc. No. 40.
On motion of Mr. Baskervill,
Resolved, that leave be given to bring in a bill for the re-enact¬
ment of the ordinance of the convention, known.as the stay law.
The Speaker announced the following committee: Messrs. Bas-
kerviih Forbes, Burks, Rives and Murdaugh. f *
Subsequently, Mr. Baskervill, from the committee, presented the
following bill :
No. IS. A bill to amend and re-enact the 8th section of an ordi¬
nance entitled an ordinance to provide against the sacrifice of pro¬
perty, and to suspend proceedings in certain cases, passed by the con¬
vention of Virginia on the 30th of April 1861.
Which said bill was read a first time, and ordered to be read a se¬
cond time.
, On motion of Mr*Baskervill (two-thirds concurring)-, the bill was '
read a. second time, and ordered to be engrossed and read a third
time; and ludng forthwith engrossed, on his further motion (two-thirds
concuiring), was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
On moti.cn cf Mr. Garter, the house adjourned until to-morrow,
12 o'clock.
THURSDAY, December 19, 1861.
Prayer by Rev. Mr. Kepler of the Episcopal church.
A message from the senate, by their clerk, was read as follows
In Senate,-Dec. 18, 1861.
The senate have passed a bill entitled :
An act to. incorporate the Shenandoah cotton manufacturing com¬
pany in the county .of Shenandoah, No. 6.
In which they respectfully request the concurrence of the house
of delegates.
No. (}. A senate bill entitled an act to incorporate the Shenandoah
cotton manufacturing company in the county of Shenandoah, was
48
JOURNAL OF THE
road a first and second times, and on motion of Mr. Pitman, read a
■third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 0. A senate bill entitled an act to provide for holding elections
to fill vacancies in the representation of the senate from the 4Gth and
50th districts, was read a first and second times, and referred to the
committee of privileges and elections.
Mr. Blue, from the committee of privileges and elections, pre¬
sented the following reports:
A report confirming a former report declaring the seat of J. A.
Williamson of the counties of .Gilmer, Wirt and Calhoun vacaut.
A report confirming a former report declaring the seat of Mr. Rat-
cliffe from the county of Wayne vacant.
Mr. Collier, from the committee for courts of justice, to whom
was referred a resolution instructing said committee to enquire into
the expediency of modifying the usury laws, reported the following
resolution:
Resolved, that it is inexpedient to legislate upon the subject.
Mr. McCamant, from the committee of propositions and grie¬
vances, presented the following report:
A report asking to be discharged from the consideration of house
bill 152 of the last session, and that the* same be referred to the
committee on finance.
Mr. Newton, from the committee for schools and colleges, prer
sented the following reports:
A report declaring it inexpedient to legislate upon the subject of
a system of free schools for the education of poor and orphan chil¬
dren of soldiers, &c.
A report asking to be discharged from the consideration of a reso¬
lution in reference to the school quota of the county of Rappa¬
hannock.
Mr. McCamant, from the committee of propositions and grie¬
vances, presented the following bill:
No. 19. A bill constituting a part of New river a lawful fence.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing bill:
No. 20. A bill for the relief of the sufferers by the late fire at
Charleston, S. C.
Mr. Orgain, from the committee on agriculture and manufactures,
presented the following bill:
No. 21. A bill to incorporate the Windsor tanning and boot and
shoe manufacturing company.
Which said several bills were subsequently read a first time, and
ordered to be read a second time.
Mr. Newton, from the special committee on the subject of sea
water salt, presented the following bill:
No. 22. A bill to encourage the production of salt from sea water;
which was read a first and second times, and on motion of Mr. New¬
ton, laid on the table and ordered to be printed.
HOUSE OF DELEGATES.
49
Mr. Orgain, from the committee on agriculture and manufactures,
to whom had been referred
No. 1. A senate bill entitled an act constituting part of New river
a lawful fence, reported the same without amendment.
A message was received from the senate by Mr. Johnson, who
informed the house of delegates that the senate had passed house
bill entitled an act to amend and re-enact the 8th section of an ordi¬
nance entitled an ordinance to provide against the sacrifice of pro¬
perty, and to suspend proceedings in certain cases, passed by the
convention of Virginia on the 30th day of April 1S61, No. 18.
A report of the committee on military affairs, asking to be dis¬
charged from the further consideration of a senate bill in relation to
muster fines, and that the same be referred to the committee for
courts of justice, was taken up and concurred in.
On motion of Mr. West,
Resolved, that the committee for courts of justice be instructed to
• enquire'into the expediency of reporting a bill confiscating the bonds
of the state of Virginia, now the property of the government of the
United States, or held by it in trust, or which are now the property
of a citizen or corporation of said government, or of any state
adhering thereto, for the purpose of remunerating the citizens of
Virginia who may have been or may hereafter be deprived of their
property by the action of the government of the United States.
On motion of Mr. Collier,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a general law in conformity with the petition of
Reuben Ragland.
Mr. Collier presented the petition of Reuben Ragland, praying
the reissue of certain bonds of the state seized and held by the public
enemy, and a prohibition of their payment to the present holders.
On motion of Mr. Dunn,
Resolved, that the committee on finance enquire into the propriety
of remitting certain fines imposed upon Samuel S. Krimer, sheriff of
Washington county.
On motion of Mr. Bradford,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a bill for the relief of the sheriff of Clarke county
from the payment of fines imposed for failure to pay over the license
tax within the period prescribed by law.
On motion of Mr. McDonald of Wyoming,
Resolved, that the committee for courts of justice enquire into the
expediency of passing an act for the protection of loyal citizens of
Virginia claiming title to lands by virtue of a patent or by posses¬
sion, in cases where said title is in conflict'with the claims of alien
enemies or disloyal citizens of the Confederate States.
On motion of Mr. Wootten,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of authorizing Hughes
Dillard of Franklin county to build a dam in Smith's river, Henry
7
50
JOURNAL OF THE
county, for the purposes and in the manner specified in his petition
herewith filed.
Mr. Wootten presented the petition of Hughes Dillard, in relation
to the subject of the foregoing resolution.
On motion of Mr. Robertson,
Resolved, that so much of the report of the colonel of ordnance
as refers to military affairs, be referred to that committee.
On motion of Mr. Booten,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the propriety of transferring the interest
-of the state in that portion of the Luray and Front Royal turnpike
extending from Lcroy in Page county, to Conrad's store in Rocking¬
ham county, to the county courts of said counties.
On motion of Mr. McKinney,
Resolved, that the committee on military affairs be requested to
•enquire into the expediency of exempting from military' duty the
overseers of infants, unmarried women and non-residents.
On motion of Mr. Booten,
Resolved, that the committee on banks be instructed to enquire
Into the propriety of establishing a bank in the town of Luray,
On motion of Mr. Baker,
Resolved, that the committee for courts of justice enquire into the
•expediency of extending the time now prescribed by law for the re¬
demption of lands which may have been sold for taxes in counties
now in the possession of the enemy.
On motion of Mr. Baker,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law for the punishment of rail road en¬
gineers and other employees, for such acts of gross negligence and
carelessness on their part as result in destruction of life or property.
On motion of Mr. Woodhouse,
Resolved, that the committee of privileges and elections be in¬
structed to enquire into the expediency of reporting a bill to autho¬
rize the clerks of the two houses of the general assembly to adminis¬
ter the oath of office to the members of their respective bodies.
The following engrossed bills were read a third time and passed:
Ho. 7. An engrossed bill to authorize a connection between the
.Richmond, Fredericksburg and Potomac rail road and the Richmond
and Petersburg rail road in Richmond, and between the Richmond
and Petersburg rail road and Petersburg rail road in Petersburg.
Ho. 8. An engrossed bill to compel turnpike and plank road com¬
panies to remove dead and dangerous timber, and to keep their roads
in order.
Ho. 10. An engrossed bill to incorporate the Virginia chemical
works.
Ho. 15. An engrossed bill for the relief of John S. Crrrell, James
W. Gresham, administrator of George W. Flowers, and William W.
Kirk.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Barbour, Bass, Eaysc, Blue,
Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carter, Cazenove, Cecil, Clarke, J. J.
HOUSE OF DELEGATES.
51
Uolemart, H. N. Coleman, Collier, Crockett, J. D. Davis, R. J. Davis, Dunn, Edmunds,
Eggleston, Fleming, Fletcher, Flood, Forbes, Franklin, Friend, Garrison, George,
Gillespie, Gilmer, Gordon, Gratlan, Harrison, Hunter, Irby, Jair.es, Johnson, Jones,
Jordan, Kyle, Laidley, Lively, Mallory, Mathews, McCamant, A. W. McDonald,
McKinney, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson. Newton, Orgain,
Payne, Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Rowan, P. C.
Saunders, Shannon, Sheffey, Spady, Steger, Taie, Taylor, Thomas, Thrash, Tomlin, Tread-
way, Tyler, Vermillion, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson, Wood-
house, Woodson, Woolfolk, Wootten, Worsham, Wright and Wynne—95.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
, On motion of Mr. Mallory, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, December 20, 1861.
Prayer by Rev. Mr. Deshiel of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Dec. 19, 1861.
The senate have passed house bill, entitled :
An act to amend and re-enact the 4th section of chapter 10 of an
act to incorporate the Virginia canal company, and to transfer the
rights and franchises of the James river and Kanawha company
thereto, No. 3.
And they have agreed to the resolution from the house of dele¬
gates, for a recess of said body, and also to the amendment proposed
by the house of delegates to the resolution for a recess of the senate.
Mr. Blue, from the committee of privileges and elections, pre¬
sented the following bill:
No. 23. A bill providing for the qualification of members of the
senate and house of delegates.
Mr. Blue, from the same committee, to whom had been referred
No. 5. A senate bill entitled an act to provide for holding elec¬
tions to fill vacancies in the representation in the senate from the
46th and 50th districts, reported the same with amendments.
Mr. Anderson, from the committee on military .affairs, presented
the following bill:
No. 24. A bill entitled an act appropriating money to finish and
repair the road from Tazewell courthouse to Chapmansville in Logan
county.
Mr. Bass, from the committee of claims, presented the following
report:
A report as to the expediency of reporting a bill for the relief of
Thomas E. Simms, asking that the resolution of enquiry be referred
to the committee on military affairs.
The report was concurred in.
Mr. Barbour, from the committee on finance, presented an ad¬
verse report to a resolution of enquiry as to the expediency of in-
52
JOURNAL OP THE
creasing the amount at present allowed to sheriffs and sergeants for
keeping and supporting any slave or other person confined in jail.
On motion of Mr. Prince,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of authorizing the governor to. offer a
bounty, during the war, either for the manufacture or importation of
cotton and wool cards, shoes, shoe thread, leather, or any other ar¬
ticle which, in the opinion of the governor, may be of indispensable
necessity during the said period.
On motion of Mr. George,
Resolved, that the committee on banks be instructed to enquire
into the expediency of amending the law establishing the branch
bank of the Northwestern Bank of Virginia at Jeffersonville.
On motion of Mr. Bass,
Resolved, that the committee on finance be instructed to enquire
into the expediency of increasing'the salary of the clerk of accounts
in the first auditor's office.
On motion of Mr. Flood,
Resolved, that the committee on banks enquire into the expe¬
diency of releasing from the penalties of the law, savings banks, for
having issued notes as a currency, and individuals, for receiving and
passing the notes of said banks,* imposing a condition upon said
banks to make no further issue of such notes.
On motion .of Mr. Dabney,
Resolved, that leave be given to withdraw from the files of the
house of delegates of extra session 1861, bill 67, and that the same
be referred to the committee on finance.
On motion of Mr. Lynn,
Resolved, that the committee on finance enquire into the expe¬
diency of increasing the allowance to the jailor of Prince William
county for keeping prisoners.
Mr. Collier, from the select committee to confer with the presi¬
dent of the Confederate States relative to the release of salt held by
the Confederate States, presented a report; which was read, and on
his motion, laid on the table and ordered to be printed. Doc. No. 39.
On motion of Mr. Spady,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the 26th section of chapter 192 of the Code
of 1861.
No. 20. A bill for the relief of the sufferers by the late fire at
Charleston, South Carolina, was taken up, 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 82, noes 13.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Barbour, Bass, Blue, Booten,
Bradford, Buford, Burks, Carter, Cazenove, Collier, Dabney, J. D. Davis, R. J. Davis,
Edmunds, Eggleston, Evans, Fleming, Fletcher, Flood, Forbes, Friend, Garrison, George,
Gillespie, Gilmer, Grattan, Harrison, Hopkins, Hunter, Irby, James, Jones, Jordan, Kauf¬
man, Lively, Lundy, Lynn, Mallory, Mathews, McCamant, McKinney, Minor, Montague,
Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, Prince, Reid,
Riddjck1 Rives, Robertson, Rowan, P. C. Saunders, R. C. Saunders, Shannon* Skeffey,
HOUSE OP DELEGATES.
53
Spady; Steger, Tate, Taylor, Tliomas, Tomlin, Tyler, Vermillion, Walker, Ward, West,
S. Wilson, Woodhouse, Woodson, Woolfoljc, Wootten, Worsham, Wright and Wynne—82.
Noes—Messrs. Bayse, Clarke, J. J. Coleman, Dunn, Ewing, Franklin, Huntt, Kyle,
A. W. McDonald, I. E. McDonald, McLaughlin, Williams and J. L. Wilson—13.
Ordered, that Mr. Barbour carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Wynne,
Resolved, that a joint eommittee of the two houses be raised to
consider what arrangements should be made for the proper accom¬
modation of the senate and house of representatives of the Confede¬
rate States.
Ordered, that Mr. Wynne carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate by Mr. Johnson, who in-
£ O J 7
formed the house of delegates that the senate had agreed to the reso¬
lution from the house of delegates in relation to the election of sena¬
tors to the congress of the Confederate States, with an amendment:
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 agreed to a resolution to authorize the joint com¬
mittee appointed to confer with the lessees of the salt works of
Smyth and Washington counties, to send a deputation to said works:
in which they respectfully requested the concurrence of the house of
delegates.
No. 1. A senate bill entitled an act constituting part of New river
a lawful fence, was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
The following bills were read a second time, and on motions seve¬
rally made, laid on the table :
No. 13. A bill to suspend appropriations to works of internal im¬
provement, heretofore made, until further legislation may be had.
No. 17. A bill to provide for the construction of a rail road for
. military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah, with the Winchester and Po¬
tomac rail road at or near Winchester in the county of Frederick.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time:
No. 14. A bill to incorporate the mutual life insurance company
of Lynchburg.
No. 16. A bill to refund to Edward W. Bayley a sum of money
erroneously paid by him into the treasury.
No. 19. A bill constituting a part of New river a lawful fence.
No. 21. A bill to incorporate the Windsor tanning and boot and
shoe manufacturing company.
No. 22. A bill to encourage the production of salt from sea water,
was taken up and read a second time; and being forthwith engrossed
(two-thirds concurring), was read a third time; and the question be¬
ing—Shall the bill pass? the roll was called, with the following re¬
sult—Ayes 75, noes 19.
54
JOURNAL OP THE
Ayes—Messrs. Komp^r (speaker), J. T. Anderson, Raker, Bass, El no, Boi.ton, Bouklin,
Bradford, Brooks, Buford, Carter, J. J. Coleman, Collier, Dnlmey, J. 1). Davis, K. J. Davis,
Edmunds, Eggleston, Evans, Fleming, Fletcher, Flood, Franklin, Friend, Cavrison, Gilmer,
Harrison, Hopkins, Hunter, Tluntt, Irby, Jones, Jordan, Kaufman, Lynn, Mathews, Me-
Camant, A. \V. McDonald, McKinuoy, Minor, Montague, Murdaugh, R. E. Nelson, W. G.
T. Nelson, Newton, Orgain, Payne, Pitman, Prince, Rcid, Richardson, Riddick, Rives,
Rowan, P. C. Saunders, R. C. Saunders, Sheffey, Spady, Steger, Tate, Taylor, Tomlin,
Tyler, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson,
Woolfolk, Wootten, Worsham and Wright—75.
Noes—Messrs. Barbour, Bayse, Burks, Cazenove, Clarke, Crockett, Dunn, Ewing,
Forbes, George, Johnson, Kyle, Laidley, Lively, I. E. McDonald, Robertson, Shannon,
Thomas and Vermillion—19.
Seventy-seven members not having voted in favor of the bill,
Resolved, that said bill be rejected.
On motion of Mr. Cazenove, the rule was suspended, with a view-
to reconsider the vote by which the bill was rejected; and the ques¬
tion again being—Shall the bill pass? the roll was called, with the
following result—Ayes 80, noes 16.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Bass, Blue, Booten, Bouldin,
Bradford, Brooks, Buford, Carter, Cazenove, J. J. Coleman, Collier, Dabney, J. D. Davis,
R. J. Davis, Edmunds, Eggleston, Evans, Fleming, Fletcher, Flood, Franklin, Friend,
Garrison, Gilmer, Grattan, Harrison, Hopkins, Hunter, Huntt, Irby, Jones, Jordan, Kauf¬
man, Kyle, Lively, Lynn, Mathews, McCamant, A. W. McDonald, McKinney, McLaugh¬
lin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne,
Pitman, Prince, Reid, Richardson, Riddick, Rives, Rowan, P. C. Saunders, R. G. Saunders,
Sheffey, Spady, Steger, Tate, Taylor, Tomlin, Tyler, Walker, Ward, West, Williams, J. L,
Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Worsham and Wright—80.
Noes—Messrs. Barbour, Bayse, Burks, Clarke, Crockett, Dunn, Ewing, Forbes, George,
Gillespie, Johnson, Laidley, I. E. McDonald, Robertson, Shannon and Vermillion—16.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Woodson, the house adjourned until to-morrow,
12 o'clock.
SATURDAY, December 21, 1861.
/
Prayer by Rev. Mr. Peterkin of the Episcopal church.
An amendment proposed by the senate to a joint resolution from
the house for the election of senators to the congress of the Confede¬
rate States, was taken up and concurred in.
A joint resolution from the senate to authorize the joint commit¬
tee appointed to confer with the lessees of Washington and Smyth
county salt works, to send a deputation to said works, was taken up
and agreed to.
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 from the house providing for arrangements for the proper
accommodation of the congress of the Confederate States, with an
amendment.
The amendment was concurred in.
The resolution, as amended, is as follows:
Resolved by the general assembly, that the governor of Virginia
HOUSE OP DELEGATES.
55
be and lie is hereby authorized to provide suitable accommodations
within the capitol for the sessions of the congress of the Confederate
States: provided, that the same shall not materially interfere with
the sessions of the general assembly, and until the congress shall
have time to procure more convenient accommodations.
Ordered, that the clerk inform the senate thereof.
The Speaker laid before the house a communication from the
governor, enclosing a letter from James C. Bruce, president of the
board of visitors of the Virginia military institute; which were read,
laid on the table and ordered to be printed. Doc. No. 41.
The Speaker laid before the house a communication from the
governor, enclosing the annual report of the board of visitors of the
Virginia military institute; which were laid on the table and ordered
to be printed. Doc. No. 11.
No. 5. A senate bill entitled an act to provide for holding elections
to fill vacancies in the representation in the senate from the 46th and
50th districts, with the amendments proposed thereto by the com¬
mittee of privileges and elections, was taken up, and on motion of
Mr. Newton, laid on the table.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 24. A bill to suspend the operation of an ordinance of the
convention entitled an ordinance for organizing the militia; which
was read a first time, and ordered to be read a second time.
A message was received from the senate by Mr. Robertson, who
informed the house of delegates that the senate had passed house bill
entitled an act to incorporate the Virginia chemical works, No. 10.
Mr. Hunter submitted the following resolution :
Resolved, that the Speaker be directed to issue writs of election
to supply the vacancies in the representation in this house for the
counties of Ohio, Preston, Marshall, Monongalia, Harrison, Marion,
Kanawha, Brooke, Hancock, Wetzel, Taylor, Upshur, Lewis, Wood,
Putnam, Mason and Wayne, and for the electoral districts composed
of the counties of Ritchie and Pleasants, of Doddridge and Tyler, of
Jackson and Roane, and of Gilmer, Calhoun, Wirt and a part of
Roane; and that he fix Wednesday the 8th day-of January 1862 for
holding said eleotions.
Mr. Grattan submitted the following amendment:
"Provided said elections be held at the places, in the manner and
under the forms nowT prescribed by the law and the constitution."
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
The question being on agreeing to the resolution as amended;
pending the consideration of which, no quorum appearing,
On motion of Mr. Grattan, the house adjourned until Monday the
6th of January, at 12 o'clock.
56
JOURNAL OF THE
MONDAY, January C, 1SG2.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Dec. 21, 1861.
The senate have passed a bill entitled:
An act to amend the 4th section of an act entitled an act to in¬
corporate the Danville manufacturing company, passed March 17th,
1860, No. 11.
In which they respectfully request the concurrence of the house
of delegates.
No. 11. A senate bill entitled an act to amend the 4th section of
an act entitled an act to incorporate the Danville manufacturing
company, was read a first and second times, and referred to the com¬
mittee on agriculture and manufactures.
The Speaker laid before the house a communication from the
governor, enclosing certain resolutions adopted by the general assem¬
bly of the state of Georgia.
On motion of Mr. McCamant, the message and resolutions, were
laid on the table and ordered to be printed, and the resolutions re¬
ferred to the committee on military affairs. Doc. No. 42.
The Speaker laid before the house a communication from the
governor, enclosing the resignations of James Boggs, the delegate
from the county of Pendleton, and John Gate wood, a delegate from
the county of Shenandoah.
On motion of Mr. Rutherfoord,
Resolved, that the Speaker of this house be requested to issue a
a writ of election to supply the vacancy in the representation of
Pendleton county, caused by the resignation of James Boggs.
On motion of Mr. Robertson,
Resolved, that the resignation of John Gatewood be referred to.
the committee of privileges and elections.
Mr. Robertson presented the petition of Samuel Freeman, super¬
intendent of public ^buildings, praying an increase of salary; which
was ordered to be referred to the committee on finance.
Mr. Eggleston presented the petition of citizens of Giles county,
praying that a portion of New river be declared a lawful fence;
which was ordered to be referred to the committee of propositions
and grievances.
Mr. George presented the petition of Bartley Rose and others,
praying that the said Bartley Rose might be released as surety of
Joseph Lester, late sheriff of Wyoming county; which was ordered
to be referred to the committee on finance.
On motion of Mr. Bradford,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a bill authorizing the payment of interest due on
the coupons of the Chesapeake and Ohio canal company guaranteed
by the state of Virginia.
HOUSE OF DELEGATES.
57
Mr. Barbour submitted the following preamble and resolutions;
and the question being on agreeing thereto, was put, and decided in
the affirmative:
Whereas the manufacture of saltpetre and other munitions of war
is of prime necessity to the Confederate States: and whereas the ge¬
neral assembly are anxious to afford every facility in their power to
enterprising and patriotic citizens engaged in said manufacture : and
whereas it has been represented to the general assembly that the free
negro population of the state may be used advantageously in said
manufacture by persons residing outside of the limits of Virginia, by
voluntary agreements on their part: Therefore,
Resolved by the general assembly, that J. Marshall McCue, or any
other citizen of the commonwealth engaged in the manufacture of
saltpetre, or other munitions of war, be authorized to carry out of
the state of Virginia to any other state in the Confederacy, any num¬
ber of free negroes, for the purpose of manufacturing saltpetre of
other munitions of war.
Be it further resolved, that at the expiration of the term for which
said negroes may agree to hire themselves, liberty is reserved to them
to return to the commonwealth of Virginia.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Buford presented the petition of sundry citizens of Pittsylva¬
nia, praying for legislation to protect the wool growing interests of
the state; which was ordered to be referred to the committee on
agriculture and manufactures.
On motion of Mr. Bradford, the house adjourned until to-mor¬
row, 12 o'clock.
TUESDAY, January 7, 1862.
Prayer by Rev. Mr. Jeter of the Baptist church.
The Speaker laid before the house a letter from the Hon. T. N,
Waul, chairman of the committee of arrangements on the part of
the provisional congress to superintend the funeral of the Hon. John
Hemphill, late a member of congress from the state of Texas, invit¬
ing the speaker and members of the house of delegates to attend
the funeral ceremonies.
On motion of Mr. Burks, the. invitation was accepted.
After the funeral ceremonies were concluded, the house reassem¬
bled.
• The Speaker laid before the house a communication from the go¬
vernor, enclosing certain resolutions and a bill adopted by the general
assembly of Georgia, which were read; and on motion of Mr. An¬
derson of Botetourt, referred to the special committee on the sub¬
ject of extortion in articles of prime necessity.
8
58
JOURNAL OF THE
On motion of Mr. Barbour,
Resolved, that the committee on agriculture aud manufactures bo
instructed to enquire into the expediency of incorporating the Catha¬
rine furnace company in the county of Spotsylvania.
On motion of Mr. Carpenter,
Resolved, that leave be given to withdraw from the files of the
last house the petition and accompanying documents of Thomas
McCormick, and that the same be referred to the committee of claims.
Mr. Cazenove presented the petition of S. Hartley, praying that
the amount paid by him for state license for the county of Alexan¬
dria, for the year ending 1st May 1SG2, may be refunded to him;
which was referred to the committee on finance.
Mr. Coleman presented the petition of Alfred Beckley, brigadier
general commanding 27th brigade, militia of Virginia; which was
referred to the committee on military affairs.
On motion of Mr. Harrison,
Resolved, that the committee for courts of justice enquire into and
report by bill or otherwise what legislation may be necessary to pro¬
vide adequate protection against infractions of the rights guaranteed
to citizens of this commonwealth by the seventh, eighth and tenth
sections of the bill of rights of Virginia, and'by the fourteenth, fif¬
teenth, sixteenth and seventeenth clauses of the ninth section of the
first article of the constitution of the Confederate States.
On motion of Mr. Kaufman,
Resolved, that the committee on military affairs enquire into the
expediency of so amending the militia law that companies shall not
consist of less than eighty-five and not more than one hundred rank
and file.
On motion of Mr. Steger,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law for compensating the sergeant of
the city of Richmond for services rendered by him in cases of the
commonwealth.
On motion of Mr. Harrison,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the 8th section of chapter 151 of the
Code of Virginia, as to provide for the indemnity of the officer taking
possession of any property under the provisions of said section.
On motion of Mr. Carpenter,
Resolved, that the committee on finance enquire into the expe¬
diency of imposing a tax on dogs in the county of Alleghany.
No. 16. An engrossed bill to refund to Edmund W. Bayly a sum
of money erroneously paid by him into the treasury, was read a third
time, and on motion of Mr. Garrison laid on the table.
The following engrossed bills were read a third time and passed:
No. 19. An engrossed bill constituting a part of New river a law¬
ful fence.
No. 21. An engrossed bill to incorporate the Windsor tanning
and boot and shoe manufacturing company.
HOUSE OF DELEGATES.
59
Ordered* that the clerk communicate the same to the senate, and
request their concurrence.
No. 2-5. A hill to suspend the 'operation of an ordinance of the
convention entitled an ordinance for organizing the militia, was read
a second time, and ordered to be engrossed and read a third time.
No. 5. A senate bill entitled an act to provide for holding elec¬
tions to fill vacancies in the representation in the senate from the
46th and 50th districts, with the amendments proposed thereto by
the committee of privileges and elections, was taken up; and on
motion of Mr- Forbes, laid on the table 'and ordered to be printed.
No. 23. A bill providing for the qualification of members of the
senate and house of delegates, was read a first time, and ordered to
be read a second time.
No. 24. A bill appropriating money to finish and repair the road
from Tazewell courthouse to Chapmansville in Logan county, wgs
read a first time, and ordered to be read a second time.
Mr. Anderson of Botetourt moved that the bill be again read
this day.
Mr. Wilson of Isle of Wight moved as an amendment thereto,
that the bill be recommitted to the committee on military affairs,
with instructions to report the facts upon which the bill was re¬
ported ; and the question being on agreeing thereto, was put; and
it appearing that no quorum voted,
On motion of Mr. Muedaugh, the house adjourned until to¬
morrow, 12 o'clock.
WEDNESDAY, January S, 1862.
A communication from the senate', by their elerk, was read as
follows :
In Senate, Jan. 7, 186&.
The senate have passed a bill entitled :
An act to amend the 2d and 5th sections of an act entitled an act
incorporating the James river insurance company at Howardsville, in
the county of Albemarle, passed the 31st January L860, No. 15.
And they have agreed to resolutions approving the declarations of
sentiment and purpose contained in certain joint resolutions of the
legislature of Georgia, and affirming and adopting the same.
In which they respectfully request the concurrence of the house of
delegates.
No. 15. A senate bill entitled an act to amend the 2d and 5th sec¬
tions of an act entitled an act incorporating the James river insurance
company at Howardsville, in the county of Albemarle, passed 31st
January 1860, was read a first and second times, and on motion of Mr*
Minor, read a third time and passed.
Ordered* that the clerk inform the senate thereof.
60
JOURNAL OF THE
Joint resolutions approving the declarations of sentiment and pur¬
pose contained in certain joint resolutions of the legislature of Geor¬
gia, and affirming and adopting the same, were concurred in.
Ordered, that the clerk inform the senate thereof.
Mr. Tomlin, from the committee of privileges and elections, to
whom had been referred a letter from'John Gatewood, a delegate
from the county of Shenandoah, resigning his seat in the house of
delegates, presented a report; which was laid on the table, and or¬
dered to be printed. Doc. No. 43.
Mr. Barbour, from the committee on finance, presented the follow¬
ing bills:
No. 26. A bill to refund a sum of money to George R. Baylor, paid
for a license tax.
No. 27. A bill refunding to R. H. Maury taxes improperly assessed
against him in Nicholas county.
Which said bills were subsequently read a first time, and ordered
to be read a second time.
The Speaker laid before the house a memorial of certain citizens
of Jackson county, in reference to the vacancy existing in the election
district of which Jackson forms a part; which, on motion, was laid
on the table.
On motion of Mr. Tomlin,
Resolved, that the committee on finance enquire into the expedi¬
ency of imposing a tax oh sutlers, commensurate with their extor¬
tionate prices.
On motion of Mr. Bass,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of appropriating a sum of money out of
the treasury for the purpose of constructing and testing a trial can¬
non lately invented by Dr. M. Jeter of Roanoke county.
On motion of Mr. Kyle,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to William Wilkinson a certain sum of money paid
under an erroneous assessment of a tract of land in the county of
Carroll.
On motion of Mr. Booten,
Resolved, that the committee for courts of justice enquire into the
expediency of increasing the penalties imposed upon persons who
attempt to pass themselves off as officers of the confederate army,
for the purpose of imposing upon the public, either in the purchase
of stock, or any thing whatever, with the view of making a cheaper
purchase for purposes of speculation.
On motion of Mr. Green,
Resolved, that the committee for courts of justice be instructed to
enquire whether the commandants of military encampments have
heretofore performed the duties imposed on them by the ordinance of
the convention, directing polls to be opened in the miliary encamp¬
ments in elections for members of congress and of the legislature,
and whether any legislation is necessary to enforce the performance
of such duties in future.
HOUSE OF DELEGATES.
61
On motion of Mr. Baker,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of so amending the 17th section of the act
passed on the 15th March 1858, incorporating the Atlantic show
factory company, as to extend the period within which the said com¬
pany are required to commence the running of a vessel or vessels
upon the line established by the aet.
On motion of Mr. Ward,
Resolved, that the^committeeon banks enquire into the expediency
of reporting a bill so amending the existing law as to provide that
three directors shall be sufficient to constitute a board for the trans¬
action of business.
On motion of Mr. Collier,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of changing the name of the Petersburg
car, locomotive and agricultural implements works.
On motion of Mr. Flood,
Resolved, that the committee on military affairs enquire, if any,
what departments and officers connected with the military organiza-r.
tion of this commonwealth may be advantageously dispensed with.
On motion of Mr. Evans,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to Lewis Jones, jr. and John E.
Segar & Co. a sum of money paid by them on account of license tax.
On motion of Mr. Saunders of Campbell,
Resolved, that the committee on the penitentiary be instructed to
enquire into the expediency of reporting a bill allowing the military
authorities the use of the penitentiary for the punishment of men
convicted by courts martial of a certain elass of offences.
On motion of Mr. Montague,
Resolved, that leave be given to withdraw from the files of this
house, bill 225 of last session, and that the same be referred to the
committee of roads and internal navigation.
On motion of Mr. Tyler,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill authorizing the governor of this com¬
monwealth to restore to John Washington of Caroline county a ne¬
gro slave named Richmond.
Mr. Davis presented the petition of citizens of Lynchburg, for the
release of the Lynchburg savings bank from the penalties of the law
against issuing notes as a currency; which was referred to the com¬
mittee on banks-
Mr. Barbour presented the petition of John Kelly, praying relief
as to a contract with the board of public works; which was ordered
to be referred to the committee on finanee.
A message was received from the senate by Mr. Christian, the
senator from Augusta, who informed the house of delegates that the
senate had agreed to a joint resolution for a joint committee to con¬
fer with the confederate authorities, and devise measures for defence
62
JOURNAL OF THE
in western Virginia against the invasion of the enemy r in which they
respectfully requested the concurrence of the house of delegates.
The resolution was agreed to.
Ordered, that the clerk inform the senate thereof.
The Speaker announced the following committee under the reso¬
lution : Messrs. Hunter, Sheffey, Garrison, Anderson of Botetourt,
Wilson of Norfolk, Mathews and Crockett.
Mr. Davis presented the petition of the securities of Robert 0.
Doss, late sheriff of Campbell county, prayipg that the sum of
$480, paid into the treasury by mistake, may be refapded to him ;
which was referred to the committee on finance.
No. 23. A bill providing for the qualification of members of the
senate and house of delegates, was taken up and read a second time.
Mr. Tomlin submitted a substitute for the bill; and on motion of
Mr. Wilson, the bill and substitute were laid on the table and or¬
dered to be printed.
No. 16. An engrossed bill to refund to Edmund' W. Bayly a sum
of money erroneously paid by him into- the treasury, was read a third
time and passed—Ayes 93^
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Baskervill, Bass, Bayse, Booten, Bouldiu, Bradford, Buford, Burks, Carpenter, Cazenove,
Clarke, J. J. Coleman, Collier, Crockett, Custis, Daniel, J. D. Davis, R. J. Davis, Dunn,
Edmunds, Eggleston, Evans, Ewing, Fletcher, Flood, Forbes, Franklin, Garrison, George,.
Gillespie, Gilmer, Grattan, Green, Harrison, Hopkins, Hunter, Huntt, Irby, Johnson, Jones,
Jordan, Kaufman, Kyle, Laidley, Mathews, McCamant, I. E. McDonald, Mc.Kinney, Mo
Laughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Orgaiu,
Pitman, Prince, Richardson, Rrddick, Robertson, Robinson, Rutherfoord, P. C. Saunders,
R. C. Saunders, Shannon, Sheffey, Sherrard, Small, Spady, Stager, Tate, Taylor, Thrash,
Tomlin, Treadway, Tyler, Vermillion, Walker, Ward, West, Williams, J. L. Wilson, S. WiL-
son, Woodhouse, Woodson, Wootten, Worsham and Wynne—93.
No. 25. An engrossed bill to suspend the operation of an ordinance
of convention entitled an ordinance organizing the militia, 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. Anderson of Rockbridge,
Resolved, that the report of the committee to confer with the
president of the Confederate States in reference to salt, be referred
to the special committee on extortions.
Mr. Bass presented the petition of sundry citizens of Roanoke,
asking the passage of a law to prohibit or limit the distillation of
grain into whisky, where it is likely to produce a scarcity, and thereby
cause suffering amongst the poor; which was referred to the copi-
mittee on agriculture and manufactures.
No. 24. A hill appropriating money to finish and repair the road
from Tazewell courthouse to Chapmansville in Logan county, was
read a second time, and ordered to be engrossed.and read a third time.
On motion of Mr. Burks, the house adjourned until to-morrow,
12 o'clock.
HGtlSE OF DELEGATES.
63
THURSDAY, January 9, 1862.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, their clerk, was read as
follows:
In Senate. Jan. 8, 1862.
The senate have passed a bill entitled:
An act to amend the 5th section of chapter 13 of the Code, in re¬
lation to administering the oaths to be taken by the members of the
two houses of the general assembly, No. 14.
An act -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 commonwealth,
No. 13.
In which they respectfully request the concurrence of the house
of delegates.
No. 13. A senate bill entitled an act 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 commonwealth, was read a first and second times, and
referred to the committee for courts of justice.
No. 14. A senate bill entitled an act to amend the 5th section of
chapter 13 of the Code, in relation to administering the oaths to be
taken by the members of the two houses of the general assembly,
was read a first and second times, and referred to the committee of
privileges and elections.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 3. A senate bill entitled an act to authorize county and cor¬
poration courts to certify insolvent muster fines in certain cases, pre¬
sented a report asking that the same be referred to the committee on
military affairs.
The report was concurred in.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing bill:
No. 28. A bill to reduce into slavery emancipated slaves who have
forfeited their freedom by remaining in the commonwealth more than
12 months after they become free.
Mr. McCamant, from the committee of propositions and grievances,
presented the following bill:
No. 29. A bill to amend an act entitled an act to incorporate the
Atlantic steam ferry company.
Mr. Sheffey, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 30. A bill to authorize Hughes Dillard to erect a dam half
across Smith's river in the county of Henry, in a manner not incon¬
sistent with the rights of the Smith's river navigation company.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing bills;
64
JOURNAL OF THE
No. 32. A bill to amend and rc-enact an act entitled an act refund¬
ing to Moses G. Booth damages paid by him as surety of Sam'! S.
Turner, late sheriff of Franklin county, passed March 19, 1SG1.
No. 32#. A bill increasing the salary of Joseph Jackson, clerk of
accounts in the office of the auditor of public accounts;
Which said bills were subsequently read a first time, and ordered
to be read a second time.
Mr. Barbour, from the same committee, presented an adverse
report to a resolution as to the expediency of directing the commis¬
sioner of the revenue of Isle of Wight county to reassess the mill
property of Robt. J. and-Wm. Neely in said county.
The Speaker laid before the house a communication from the
governor, in relation to a clerk in the office of the adjutant general}
which was referred to the committee on finance, and ordered to be
printed. Doc. No. 44.
Mr. Ewing presented the petition of John H. Allen, praying that
certain fines and damages paid by him as sheriff of Lee county, and
by his securities, be refunded to him and them ; which was referred
to the committee on finance.
On motion of Mr. Jones,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to Robert C. Selden the tax paid by him on certain
bonds due him in the state of New York.
On motion of Mr. Robinson of Berkeley,
Resolved, that the committee on ^military affairs enquire into the
expediency of constucting a rail road from the town of Winchester
in the county of Frederick, to the town of Martinsburg in the county
of Berkeley, as a military necessity as well as a public convenience.
On motion of Mr. James,
Resolved, that the committee for courts of justice enquire into
the expediency of reporting a bill to regulate by law the charges of
express companies upon the different rail roads of Virginia.
No. 14. An engrossed bill entitled an act to incorporate the
mutual life insurance company of Lynchburg, was read a third time
and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 24. An engrossed bill appropriating money to finish and repair
the road from Tazewell courthouse to Chapmansville in Logan
county, was read a third time, and on motion, laid on the table.
No. 26. A bill to refund a sum of money to George R. Baylor,
paid for a license tax, was read a second time, and on motion of Mr.
Tomlin, laid on the table.
No. 27. A bill refunding to R. H. Maury taxes improperly assessed
against him in Nicholas county, was read a second time, and ordered
to be engrossed and read a third time.
On motion of Mr. Gilmer,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the 7th and Sth sections of chapter 132
of the Code of I860, as to relieve fiduciaries who are engaged in the
HOUSE OF DELEGATES.
65
military service of this state or the Confederate States, from a for¬
feiture of commissions.
On motion of Mr. Baskervill,
Resolved, that the committee of schools and colleges enquire into
the expediency of so amending the charter of Randolph Macon col¬
lege, as to authorize the institution of a military department.
On motion of Mr. Rives,
Resolved, that the governor of this commonwealth be requested
to inform this house whether any portion of the twenty-five thou¬
sand dollars, appropriated at the last session for the completion of
the Northwestern lunatic asylum, has been used for that purpose.
On motion of Mr. Harrison,
Resolved, that the committee for courts of justice enquire into
the expediency of reporting a bill amending chapter 107 of the Code
of Virginia, so as to make the same conform to the constitution.
Mr. Wright presented the proceedings of a public meeting in
King & Queen county, relative to the assumption by the legisla¬
ture, of Virginia's quota of the war tax; which was referred to*the
committee on finance.
Mr. Daniel presented the petition of citizens of King George
.county, praying a change in the Code in relation to land held by re¬
ligious associations; which was ordered to be referred to the com¬
mittee for courts of justice.
On motion of Mr. Woodhouse, the house adjourned until to¬
morrow, 12 o'clock.
FRIDAY, January 10, 1S62.
Prayer by Rev. Dr. Jeter of the Baptist church.
A message from the senate, by their clerk, was read as follows:
In Senate, Jan. 9, 3 862.
The senate have agreed to the resolution from the house of dele¬
gates authorizing free negroes to be carried out of the state to be en¬
gaged in the manufacture of saltpetre and other munitions of war.
Mr. Barbour, from the committee on finance, presented tKe fol¬
lowing bill:
No. 33. A bill compensating George Duffey, late commissioner of
the revenue for the city of Alexandria, for services performed.
Mr. Barbour, from the same committee, presented the following
reports:
An adverse report to a resolution to enquire into the expediency of
refunding to C. R. Edmundson, late sheriff of Mecklenburg county,
the amount of damages paid by him to the commonwealth.
An adverse report to a resolution to enquire into the expediency of
refunding to Lewis Jones, jr. and John E. Segar & Co. a sum of
money paid by them on account of license tax.
9
66
JOURNAL OF THE
The SrEARER lai<l before the house the following communication
from the governor, in answer to a resolution of the house; which
was referred to the committee on lunatic asylums:
Executive Department, Jan. 10, 1862.
Gentlemen of the House of Delegates:
In answer to your resolution adopted yesterday, I have
the honor to state, that no portion of the appropriation made at the
last session for the Western lunatic asylum, has been drawn from the
treasury.
Respectfully,
John Letcher.-
The Speaker announced that two errors existed in the printed
journal of the house: 1st, that the name of Mr. Brooks of Franklin
was omitted from the list of the committee of claims; and 2d, that
the name of Mr. Burks, a member of the committee for courts of
justice, was printed Banks.
The journal was ordered to be corrected accordingly.
On motion of Mr. Saunders of Franklin,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of providing by law for,
the sale of the stock of the state in turnpikes and plank roads.
On motion of Mr. Robinson of .Berkeley,
Resolved, that the committee on finance enquire into the expedi¬
ency of allowing the sheriff of Berkeley county a longer period than
two years, within which he may distress for taixes and levies not re¬
turned delinquent—a portion of said county being so far under the
control of the public enemy as to prevent him from enforcing pay¬
ment of said taxes and levies within the time now prescribed by
law.
Mr. Green submitted the following resolutions :
1. Resolved, that the house of delegates, by virtue of the ordi¬
nance adopted by the convention of ,Virginia on the 4th day of De¬
cember 1861, has authority to elect members to fill such vacancies in
its own body during the present war as cannot, by reason of the pre-
sence'of the enemy, be filled in the manner prescribed by the consti¬
tution and laws.-
2. Resolved, that the vacancies now existing in the representation
of the counties and election districts cannot, by reason of the pre¬
sence of the public enemy, be filled in the manner prescribed by the
constitution and laws.
3. Resolved, that it is the duty of the house, as early as practica¬
ble, to elect members to fill said vacancies.
4. Resolved, therefore, that the house will, on the day
of the present month, proceed to elect members to fill said vacan¬
cies till the next regular election, or till such time as said vacancies
can be filled in the manner prescribed by the constitution.
HOUSE OF DELEGATES.
67
And the question being on agreeing thereto, Mr. Burks asked a
division of the question.
The question being on agreeing to the first resolution, was put, and
decided in the negative—Ayes 29, noes 71.
On motion of Mr. Green, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baskervill, Burks, Cazenove, Clarke,
Collier, Daniel, Garrison, Gillespie, Green, Hopkins, Huntt, James, Johnson, Jordan,
■Kaufman, Lundy, I. E. McDonald, McLaughlin, Orgain, Pitman, Richardson, Robinson,
Rutherfoord, Shannon, Sherrard, Small and Woodson—'29.
•Noes—Messrs. F. T. Anderson, Baker, Barbour, Bayse, Booten, Bouldin, Bradford,
Brooks, Buford, Carter, J. J. Coleman, H. N. Coleman, Crockett, Custis, Dabney, J. D.
Davis, R. J. Davis, Dunn, Edmunds, Eggleston, Evans, Ewing, Fleming, Fletcher, Flood,
Forbes, Franklin, Friend, George, Gilmer, Grattan, Harfison, Hunter,-Irby, Jones, Kyle,
Laidley, Mathews, McCamant, McKinney, Minor, Montague, Murdaugh, R. E. Nelson,
Newton, Prince, Riddick, Rives, Robertson, P. C. Saunders,.R. C. Saunders, Sheffey, Spady,
Steger, Tate, Taylor, Thrash, Tomlin, Treadway, Tyler, Vermillion, Walker, Ward, West,
Williams, J. L. Wilson, S. Wilson, Woodhouse, Wootten, Worsham, Wright and Wynne—71.
The question being on agreeing to the second resolution, on motion
of Mr. Sheffey, the resolutions were laid upon the table.
On motion of Mr. Buford, the rule was suspended, with a view to
reconsider the vote rejecting the first resolution.
Mr. Bradford submitted a substitute therefor; and on motion, the
substitute and resolution were laid on the table.
On motion of Mr. Cazenove,
Resolved, that the committee on finance enquire into the expe¬
diency of relieving the loyal citizens of Alexandria from taxation
during the occupancy of said county by the public enemy.
On motion of Mr. Robertson,
Resolved, that the committee on banks enquire into the expe¬
diency of reporting a bill to revive and extend an ordinance of the
convention, passed 26th April 1861, authorizing the banks to issue
small notes.
Mr. Robertson presented the memorial of Duff Green, asking the
passage of an act to amencj the charter of the American agency,
passed 29th March 1861; which was ordered to be referred to the
committee on banks.
On motion of Mr. Anderson of Botetourt,
Resolved, that the paymaster of the Virginia forces be directed to
furnish the committee on military affairs a statement, as far as may
be in his power, showing the number by companies, of the 12 months
volunteers mustered into service, the number of such volunteers now
in the field, and where stationed, and the times when their respective
terms of service will expire.
On motion of Mr. Grattan, the house adjourned until to-morrow,
12 o'clock.
68
JOURNAL OF THE
SATURDAY, January 11, 1802.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 10, 18G2.
The senate have passed house bill to compel turnpike and plank'
road companies to remove dead and dangerous timber, and to keep
their roads in order, No. 8, with amendments.
And house bill entitled an act amending the charter of the town
of Fredericksburg, No. 11.
They have also passed a bill entitled an act incorporating the Vir¬
ginia anthracite coal and iron company, No. 16.
And have agreed *to a joint resolution in relation to changing the
office of the Southern protection insurance company, and also its
place of meeting.
In which bill and resolution they respectfully request the con¬
currence of the house of delegates.
The amendments proposed by the senate to house bill entitled an
act to compel turnpike and plank road companies to remove dead
and dangerous timber, and to keep their road in order, were agreed to.
Ordered that the clerk inform the senate thereof.
No. 1G. A senate bill entitled an act incorporating the Virginia
anthracite coal and iron company, was read a first and second times,
and ordered to be referred to the committee on agriculture and
manufactures.
A joint resolution in relation to changing the office of the South¬
ern protection insurance company, and also the place of meeting,
was taken up and agreed to.
Ordered that the clerk inform the senate thereof.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bills:
No. 34. A bill amending and re-enacting section 12 of chapter 77
of the Code of Virginia.
No. 35. A bill authorizing and directing the sale and delivery by
the governor, of a convicted slave named Richard, to John.Washing¬
ton of Caroline county.
Mr. Newton, from the committee of schools and colleges, pre¬
sented the following bill:
No. 36. A bill to authorize the establishment of a military school
as part of the instruction of Randolph Macon college.
Mr. Buford, from a special committee, presented the following
bill:
No. 37. A bill to provide for the construction of a rail road con¬
nection between the Orange and Alexandria and Manassas gap rail
road and the Richmond, Fredericksburg and Potomac rail road.
Which said bills were subsequently read a first time, and ordered
to be read a sfecond time.
No. 33. A bill compensating George Duffey, late commissioner of
HOUSE OF DELEGATES.
69
the revenue for the city and county of Alexandria, for service per¬
formed, was read a first time, and ordered to be read a second time.
The Speaker laid before the house a communication from the
governor, enclosing a letter from the paymaster of the Virginia forces,
which was ordered to be referred to the committee on military affairs;
On motion of Mr. Barbour,
Resolved, that a special committee enquire and report what judges
and other salaried officers in the judicial department ought to be
prohibited from receiving their salaries, in consequence of their dis¬
loyalty to the commonwealth.
On motion of Mr. Lynn,
Resolved, that the committee on finance enquire into the expe¬
diency of releasing the fines and damages against the sureties of
Thomas K. Davis, late sheriff* of Prince William county, for the years
1857 and 1858.
On motion of Mr. Tomlin, the report of the committee of privi¬
leges and elections, in reference to the- resignation of John Gate-
wood, was taken up, and on motion of Mr. Pitman laid on the table.
On motion of Mr. Buford,
Resolved, that leave be granted to withdraw from the files of the
house, bill 310, session 1859-60, for the relief of Morris Pollok, sr.,
and that the same be referred to the committee on finance.
On motion of Mr. Wootten,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill providing a more
effectual remedy for the killing of sheep by dogs.
On motion of Mr. Mathews,
Resolved, that in order to afford additional facilities for the trans¬
portation of army supplies, the committee of roads and internal
navigation be instructed to enquire into the expediency of improving
the river for batteau navigation from Buchanan in Botetourt county
to Covington in Alleghany county.
On motion of Mr. Prince,
Resolved, that the committee on military affairs enquire into the
expediency of providing by law a corps more effectually to collect
the muskets in the state not in actual service.
Mr. Robinson submitted the following resolution :
Resolved, that the committee of privileges and elections be in¬
structed to enquire and ascertain whether there are any members of
this body who are officers in the confederate service, either military
or civil, and who claim their right to se&ts in this body under an
ordinance of the Virginia convention, passed on the day of
1861, and report to this house the names of members so
holding their seats, and also the positions which they hold in the
confederate service; with the opinion of the said committee, as to
the right of such members as hold positions, either civil or military,
in the confederate service, to occupy seats on this floor; together
also with their opinion as to the constitutionality of the aforesaid
ordinance; and that the committee have power to send for persons
and papers.
70
journal op the
And the question being on agreeing thereto,
Mr. Woodson moved the indefinite postponement ot' the resolu¬
tion ; and the question being 011 agreeing thereto, was put and
decided in the affirmative.
On motion of Mr. Dunn,
Resolved, that the committee of privileges and elections enquire
into the expediency of establishing a precinct election in the town
of Goodson in Washington County.
On motion of Mr. Jordan,
Resolved, that the committee on military affairs enquire into the
expediency of establishing an arsenal in the town of Liberty in
Bedford county.
On motion of Mr. Kaufman,
Resolved, that the committee for courts of justice enquire into
the expediency of amending the statutes of limitations.
On motion of Mr. Hopkins,
Resolved, that the committee of privileges and elections enquire
into the propriety of changing the election precinct heretofore held
at Gordon's store in the county'of Rockingham, to the village of
Mount Clinton.
On motion of Mr. Garrison,
Resolved, that the committee of privileges and elections enquire
into the expediency of changing the election precincts from Chingo-
teague island and Watts'.island to some other point in the county of
Accomack.
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 change the line of their road between Rice's station and
the town of Fannville, so as to cross the Appomattox river above or
below the High bridge.
Ordered, that Mr. Anderson carry the same to the senate, and
request their concurrence.
On motion of Mr. Anderson of Botetourt,
Resolved, that a joint committee, comprised of three members on
the part of the house of delegates and two on the part of the senate,
be appointed to ascertain and report how the prisoners from this
state confined in the federal prison at camp Chase, near Columbus
in the state of Ohio, are treated, and what steps should be taken by
the authorities of this state to render them more comfortable.
Mr. Ward presented the petition of N. M. Cartrnell and John W.
Correll, praying relief from damages as deputies of Win. D. Gilkeson,
late sheriff'of Frederick county, which was ordered to be referred to
the committee on finance.
No. 17. A bill to provide for the construction of a rail road for
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of kShenandoah, with the Winchester and
Potomac rail road at or near Winchester in the county of Frederick,
was taken up, on motion of Mr. Hunter.
Mr. Hunter submitted amendment^ to the bill, and on his mo-
HOUSE OF DELEGATES.
71
tion, the bill and amendments were laid on the table, and the amend¬
ments ordered to be printed.
No. 9. A bill to suspend sales and legal proceedings in certain
cases, and to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1861, by the convention
of Virginia, with the substitute heretofore submitted thereto, was
taken up, and on motion of Mr. Piiince, made the order of the day
for Thursday the 16th inst. at one o'clock, and from day to day until
disposed of.
The following bills were read a second time, and ordered to be
engrossed and read a third time :
No. 28. A bill to reduce into slavery emancipated slaves who
have forfeited their freedom by remaining in the commonwealth
more than 12 months after they became free.
No. 29. A bill to amend an act entitled an act to incorporate the
Atlantic steam ferry company.
No. 30. A bill to authorize Hughes Dillard to erect a dam half
across Smith's river in the county of Henry, in a manner not incon¬
sistent with the rights of the Smith's river navigation company.
No. 31. A bill to amend and re-enact an act entitled an act re¬
funding to Moses Gr. Booth damages paid by him as surety of Samuel
S. Turner, late sheriff of Franklin county, passed March 19, 1861.
• No. 32. A bill increasing the salary of Joseph Jackson, clerk of
accounts in the office of the auditor of public accounts.
On motion of Mr. Collier, the house adjourned until Monday, 12
o'clock.
MONDAY, January 13, 1862.
Prayer by Rev. Dr. Moore of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 11, .1862.
The senate have passed bills entitled:
An act authorizing the judge of the court of hustings of the city
of Richmond to grant a new trial in the case of the Commonwealth
against Edward Kersey and Hammett A. Pearce, No. 18.
An act to compensate E. J. Buckwalter and W. H. Pate, jailors of
Bedford county, for keeping certain negro convicts in the jail of said
•county, in the year 1861, No. 8.
An act making compensation to A. F. Haymond, attorney for the
commonwealth, No. 10.
In which they respectfully request the concurrence of the house
of delegates.
The following senate bills were read a first and second times, and
ordered to be referred to the committee for courts of .justice:
72
JOURNAL OF THE
No. 8. A senate bill entitled an act to compensate E. J. Buck-
waiter and W. H. Pate, jailors of Bedford county, for keeping certain
negro convicts confined in the jail of said county, in the year 1SG1.
No. 10. A senate bill entitled an act making compensation to A.
F. Haymond, attorney for the commonwealth.
No. IS. A senate bill entitled an act authorizing the judge of the
court of hustings of the city of Richmond to grant a new trial in
the case of the Commonwealth against Edward Kersey and Ilammett
A. Pearce.
The Speaker laid before the house a communication from the
governor, enclosing a letter from Edward T. D. Myers, acting chief
engineer of Virginia, with certain documents accompanying it, which
wefe laid on the table and ordered to be printed. Doc. Nb. 4-5.
Mr. McCamant, from the committee of propositions and grievances,
presented the following bill:
No. 3S. A bill to incorporate the Southern mutual life insurance
company.
On motion of Mr. West,
Resolved, that the committee for courts of justice enquire into the
expediency of requiring rail road companies to pay full value for all
stock killed on their roads.
On motion of Mr. Lynn,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding the fine and damages paid by the .sureties of
Thomas H. Davis, late sheriff of Prince William county, for the year
1S59-60.
On motion of Mr. Gilmer,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill providing for the payment to the personal
representative of R. J. Whitehead deceased, late sheriff of Pittsyl¬
vania county, the amount of certain insolvent lists and other claims
disallowed by the auditor of public accounts.
On motion of Mr. Treadway,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to J. J. Woods $ 86, license tax paid b.y him in
1861.
On motion of Mr. Davis of Amherst,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the propriety of reporting a bill incorpo¬
rating the Mutual life insurance company of Virginia, to be located
in the city of Richmond.
On motion of Mr. Sheffey,
Resolved, that the committee on finance enquire into the expedi¬
ency of increasing the allowances to the jailor of Augusta county for
the maintenance of prisoners in his custody.
Mr. Carpenter submitted the following resolution :
Resolved, that the committee on finance enquire into the expedi¬
ency of increasing the salaries of the clerks in the various depart¬
ments of government; and the question being on agreeing thereto,
was put, and decided in the negative.
HOUSE OF DELEGATES.
73
On motion of Mr. Robertson,
Resolved, that the committee on banks enquire into the expedi¬
ency of incorporating the Savings bank for small earnings, of the
city of Richmond.
The Speaker announced the following committee on the part of
the house, to investigate the condition of confederate prisoners from
Virginia now confined at Columbus, Ohio: Messrs. Anderson, Wood-
house, and Coleman of Fayette, &c. .
The Speaker announced the following special committee to enquire
what judges and other salaried officers of the judicial department
ought to be prohibited from receiving their salaries, on account of
disloyalty to the state: Messrs. Evans, McKinney, Green, Prince,
Robinson, Dunn, Wootten, Laidley, Spady, McDonald of Wyoming,
and Dabney.
Mr. Buford presented the memorial of the common council ^pf
Danville in relation to the issue of small notes, which was ordered
to be referred to the committee on banks. •
Mr. Grattan presented the memorial of A. M. Newman, presiding
justice of Rockingham county, in reference to the issue of small
notes by said county, which was ordered to be referred to the com¬
mittee on banks.
Mr..McCAMANT presented the petition of G. G. M. Leonard and
Byron Ballard, praying compensation as musicians in the 78th regi¬
ment, which was ordered to be referred to the committee on military
affairs.
The following engrossed bills were reacj a third time and passed:
No. 27. An engrossed bill refunding to R, H. Maury taxes im¬
properly assessed against him in Nicholas county—Ayes 91.
Ayes—Messrs. J. T. Anderson., F. T. Anderson, Baker, Barbour, Booten, Bouldin, Brad¬
ford, Brooks, Buford, Burks, Carter, Cazenove, Cecil, Clarke, J. J. Coleman, Crockett, Da¬
niel, Dunn, Edmunds, Eggleston, Swing, Fleming, Fletcher, Flood, Forbes, Franklin, Gar¬
rison, George, Gillespie, Gilmer, Grattan, Green, Hopkins, Huntt, Irby, James, Johnson,
Jones, Jordan, Kaufman, Lively, Lundy, Lynn, Mallory, Mathews, McCamant, McKin¬
ney, McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton,
Orgain, Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Robinson, Rowan,
Rutherfoord, P. C. Saunders, Shannon, Sheffey, Sherrard, Small, Spady, Staples, Steger,
Tate, Taylor, Thrash, Tomlin, Treadway, Vermillion, Walker, Ward, West, Williams, J. L.
Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Wright and Wynne—91.
No. 23. An engrossed bill to reduce into slavery emancipated
slaves who have forfeited their freedom by remaining in the com¬
monwealth more than 12 months after they became free.
No. 29. An engrossed bill to amend an act to incorporate the
Atlantic steam ferry company.
No. 30. An engrossed bill to authorize Hughes Dillard to erect a
dam half across Smith's river in the -county of Henry, in a manner
not inconsistent with the rights of the Smith's river navigation
company.
No. 31. An engrossed bill to amend and re-enact an act entitled
an act refunding to Moses G. Booth damages paid by him as surety
of Samuel S. Turner, late sheriff of Franklin county, passed March
19, 1861—Ayes 98.
10
74
JOURNAL OF THE
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Raker, Barbour, Biiskervill, Rayse,
Booteu, Rouldin, Bradford, Brooks, Buford, Burks, darter, Cazenove, Cecil, Clarke, II. N.
Coleman, < 'rockctt, Daniel, J. D. Davis, Dunn, Edmunds, Eggleston, Evans, Ewing,
Fleming, Fletcher, Flood, Forbes, Franklin, (Harrison, George. Cilh'spie, Gilmer, ({rattan,
Hopkins. Huntt, Irby, James, Johnson, Jones, Jordau, Kaufman, Kyle, Laidley, Lively,
Lundy, Lynn, Mallory, Mathews, McCamant, I. E. McDonald, McKinney, McLaughlin,
Minor, Montague, Murdaug'h, R. E. Nelson, W. G. T. Nelson. Newton, Orgain, Pitman,
Prince, Reid, Richardson, Kiddick, Rives, Robertson, Rowan, Rutherfoord, P. C. Saunders,
R. C. Saunders, Shannon, Sheft'ev, Sherrard, Small, Spady, Staples, Steger, Tate, Taylor,
Thomas, Thrash, Tomlin, Treadway, Vermillion, Walker, Ward, West, Williams, J. L.
Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Wright and Wynne—98.
No. 32. An engrossed bill increasing the salary of Joseph Jackson,
clerk of accounts in the office of the auditor of public accounts—
Ayes 77, noes 21.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Baskorvill, Booten, Bouldin, Bradford, Brooks, Burks, Carter, Cazenove, Cecil, H. N.
Coleman, Crockett, Daniel, J. D. Davis, Edmunds, Evans, Fleming, Fletcher, Flood,
Forbes, Gillespie, Gilmer, Grattan, Hopkins, Hunter, Irby, Jones, Jordan, Kaufman,
Laidley, Lively, Lundy, Lynn, Mathews, McCamant, I. E. McDonald, McLaughlin,
Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Pitman,
Prince, Reid, Richardson, Robertson, Rowan, Rutherfoord, P. C. Saunders, li. C. Saun¬
ders, Shannon, Slieffey, Small, Spady, Steger, Tate, Taylor, Tomlin, Treadway, Walker,
Ward, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten,
Wright and Wy^ne—77.
Noes—Messrs. Bayse, Buford, Carpenter, Clarke, Dunn, Eggleston, Ewing, Franklin,
Garrison, George, James, Jobnson, Kyle, Mallory, McKinney, Riddick, Rives, Staples,
Thrash, Vermillion and West—21.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Newton submitted the following resolutions, which being ob¬
jected to, were laid over under the rule :
Resolved by the general assembly of Virginia, that they hold in
the highest estimation the military skill and gallantry of General
Joseph E. Johnston, as displayed during his honorable career in the
service of the United States, and in his brilliant achievements in the
army of the Confederate States, more particularly in his masterly
movement from Winchester to Manassas, on the eve of the battle of
the 21st of July, in which he and the troops under his command so
greatly distinguished themselves; but fhis general assembly desires
especially to mark with their emphatic approbation the noble mag¬
nanimity, so rare among military leaders, exhibited by him on that
day in waiving his rank, in order to permit General Beauregard lo
carry out his plans of the battle—an instance of disinterestedness
without a parallel, save in the conduct of Aristides towards Mil-
tiades, before the battle of Marathon, and by which coin-cidence the
names of these illustrious men, and the fields of Marathon and Ma¬
nassas, will be associated in all future time.
Resolved, that this example of disinterestedness and patriotism is,
in the opinion of this general assembly, eminently worthy of imita¬
tion by all our military commanders.
Resolved, as a substantial evidence of their approbation of his no¬
ble conduct on that occasion, and his distinguished merit as a military
commander, General Joseph E.Johnston be authorized and invited to
nominate and appoint two cadets to be educated at the military insti¬
tute at Lexington, as cadets of this commonwealth.
HOUSE OF DELEGATES.
75
Mr. Woodson submitted the following resolutions, which being
objected to, were laid over under the rule:
1. Resolved by the general assembly of Virginia, that our repre-,
sentatives in the congress of the Confederate States be requested to
use their utmost efforts to procure the passage by congress of a law
authorizing and limiting impressm'ents in the military service of the
Confederate States, and providing for the payment to the owner of
land and personal property such damages as his property may have
sustained while in the possession and use of the Confederate States of
America.
2. Resolved, that the clerk of this house forward without delay a
copy of the foregoing resolution to each of our representatives in the
confederate congress.
On motion of Mr. Carpenter, the house adjourned until to-mor¬
row, 12 o'clock.
TUESDAY, January 14, 1862.
Prayer by Rev. Dr. Moore of the Presbyterian church.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following reports:
A report as to the inexpediency of changing the existing law rela¬
tive to the proceedings in cases of outlawry.
A report as to the inexpediency of amending the existing laws as
to judicial elections,
A report referring to the committee on finance a senate bill enti¬
tled an act to compensate E. J. Buckwalter and W. H. Pate, jailors
of Bedford county.
Mr. Robertson, from the committee on banks, presented the fol¬
lowing bill:
No. 39. A bill to revive and extend an ordinance respecting the
issue of small notes ; which was read a first time, and ordered to be
read a second time.
On motion of Mr. Robertson, the bill (two-thirds concurring)
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.
Ordered, that Mr. Robertson carry the. same to the senate, and
request their concurrence.
Mr. Prince submitted the following resolutions, which being
objected to, were laid over under the rule :
1. Resolved by the general assembly, that our representatives in
congress be requested to use their endeavors to have suspended
during the war the act to provide revenue from commodities im¬
ported from foreign countries, approved May 21, 1861, and all other
acts passed to provide revenue from commodities imported from
foreign countries.
o
76
JOURNAL OF THE
2. Resolved, that a copy of these resolutions be sent to each of
our representatives in congress.
On motion of Mr. Lynn,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing the county and corporation courts of this
commonwealth to settle with the sheriffs of this commonwealth the
militia fines in their hands, whenever it shall appear that the board
of the proper officers has failed to do so within the time now pro¬
vided by law.
On motion of Mr. Green,
Resolved, that the committee on finance be instructed to enquire
into the. expediency of refunding a portion of the license taxes of
persons who were engaged in business at Harpers Ferry, and who
have been compelled by the enemy to abandon their business there.
Mr. Thomas submitted the following resolution, which was laid
over under the rule :
Resolved, that the Speaker be authorized to add to the appro¬
priate committees the members recently elected to this house.
On motion of Mr. Wynne,
Resolved, that the committee for courts of justice be instructed to
enquire into and, if found expedient, to report a bill releasing the
Richmond and Petersburg rail road company from a lien made upon
the property of the same, under the provisions of acts of the legis¬
lature passed March 25th and 28th 1>43.
On motion of Mr. Anderson of Rockbridge,
Resolved, that the committee on banks enquire into the expe¬
diency of so amending chapter 58 of the Code, as to require every
director of a bank to be the absolute owner of at least five shares
of the stock of the bank for which he may be elected or appointed a
director.
On motion of Mr. Green,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to residents of Harpers Ferry, and
owners of property there, who have been compelled to abandon their
homes, or whose property has been rendered for the present valueless
by the enemy, a portion of the taxes on the real estate there.
On motion of Mr. McKinney,
Resolved, that the special committee to whom has been referred
the duty of ascertaining what judicial officers of the commonwealth
should not receive their salaries, in consequence of disloyalty to the
south, be granted power to send for persons and papers if deemed
necessary by the committee.
On motion of Mr. Johnson,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill to prevent the unnecessary consump¬
tion of grain in the manufacture of ardent spirits.
Mr. Minor, on his own motion, was excused from further service
on the committee on military affairs.
The following bills were read a second time, and ordered to be
engrossed and read a third time :
HOUSE OF DELEGATES.
77
No. 33. A bill compensating George Duffey, late commissioner of
the revenue for the city and county of Alexandria, for services
performed.
No. 34. A bill amending and re-enacting section 12 of chapter 77
of the Code of Virginia.
No. 35. A bill authorizing and directing the sale and delivery by
the governor of a convicted slave named Richard, to John Washing¬
ton of Caroline county.
No. 36. A bill to authorize the establishment of a military school
as part of the instruction of Randolph Macon college.
The following bill was taken up, and on motion of Mr. Lynn laid
on the table:
No. 37. A bill to provide for the construction of a rail road con¬
nection between the Orange and Alexandria and Manassas gap rail
roads and the Richmond, Fredericksburg and Potomac rail road.
The following bill was read a first time, and ordered to be read a
second time:
No. 38. A bill to incorporate the Southern mutual life insurance
company.
No. 5. A senate bill entitled an act to provide for holding elections
to fill vacancies in the representation in the senate from the 46tli and
50th districts, was taken up on motion of Mr. James, and on motion
of Mr. Treadway, made the order of the day for Friday next.at one
o'clock.
Certain resolutions heretofore submitted by'Mr. Green, in rela¬
tion to filling existing vacancies in the house of delegates, were taken
up, and on motion of Mr. Buford, made the order of the day for
Friday next at 12 o'clock.
On motion of Mr. Wilson of Isle of Wight, the house adjourned
until to-morrow, 12 o'clock.
WEDNESDAY, January 15, 1862.
Prayer by Rev. Dr. Moore of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 14, 1862.
The senate have agreed to a joint resolution in relation to the pay¬
ment of the salary of George W. Thompson, judge of the 20th judi¬
cial circuit, and a joint resolution in relation to the expenditures of
the civil and military departments.
In which they respectfully request the concurrence of the house of
delegates.
The joint resolution in relation to the payment of the salary of
George W. Thompson, judge of the 20th judicial circuit, was read,
and on motion of Mr. Burks, referred to the special committee ap¬
pointed to enquire what officers of the judicial department ought to
78
JOURNAL OF TIIE
be prohibited from receiving their salaries, in consequence of their
disloyalty to the commonwealth.
The joint resolution in relation to the expenditures of the civil and
military departments was agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following report:
An adverse report to the expediency of providing by law for a more
speed}' remedy for the recovery of rent.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 39. A bill making appropriations for the payment to Alfred
Beckley for military services performed by him.
Mr. Barbour, from the committee on finance, presented the follow¬
ing bills :
No. 40. A bill for the relief of the securities of Robert 0. Doss,
late sheriff of the county of Campbell.
No. 41. A bill to authorize the county court of Powhatan county
to correct the assessment of the lands of A. S. Wooldridge's estate.
No. 42. A bill refunding to the securities of Thomas K. Davis,
late sheriff of Prince William county, damages paid by them as such.
No. 43. A bill releasing the, securities of Thomas K. Davis, late
sheriff of Prince William county, from the payment of damages.
No. '44. A bill for the relief of Coalman D. Bennett, executor of
Howard Croft deceased, of Pittsylvania county.
No. 45. A bill for the relief of the personal representatives of A.
J. Whitehead deceased, late sheriff of Pittsylvania county.
Which said bills were subsequently read a first time, and ordered
to be read a second tirpe.
Mr. Barbour, from the committee on finance, to whom had been
referred
No. 8. A senate bill entitled an act to compensate E. J. Buck-
waiter and W. H. Pate, jailors of Bedford county, for keeping cer¬
tain negro convicts confined, in the jail of said county in the year
1S61, reported the same without amendment.
Mr. Barbour, from the same committee, presented an adverse re¬
port to the petition of Bartley Rose and others, asking that the said
Bartley Rose be released from the payment of money due to the
commonwealth by him as security of Joseph Lester, sheriff of
Wyoming county.
Mr. Sheffey, from the committee of roads and internal navigation,
presented an adverse report to the resolution in reference to the
transfer of the state's interest in the Luray and Front Royal turnpike
to the counties through which it passes.
No. 8. A senate bill entitled an act to compensate E. J. Buck-
waiter and W. H. Pate, jailors of Bedford county, for keeping cer¬
tain negro convicts confined in the jail of said county, was read a
third time and passed—Ayes 100.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Baskervill, Bayse, Booten, Bouldin, Bradford, Brooks, Buford, Burks, Capontcr, Carter,
HOUSE OF DELEGATES.
79
Cazenove, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Custis, Dabney, Daniel,
J. D. Davis, R. J. Davis, Dunn, Edmunds, Eggleston, Evans, Ewing, Fleming, Fletcher,
Flood, Forbes, Franklin, Garrison, George, Gillespie, Gilmer, Green, Grattan, Hopkins,
Hunter, Huntt, Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lundy,
Lynn, Mallory, Mathews, McCamant, McLaughlin, Minor, Montague, R. E. Nelson,
Newton, Noland, Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Rowan,
Rutherfoord, P. C. Saunders, Shannon, Sheffey, Sherrard, Small, Spady, Staples, Steger,
Tate, Taylor, Thomas, Thrash, Tomlin, Treadway, Tyler, Vermillion, Walker, West,
Williams, J.L.Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Wright and
Wynne—100.
Ordered, that the clerk inform the senate thereof.
The following engrossed bills were read a third time and passed:
No. 33. A bill compensating George Duffey, late commissioner of
the tevenue for the city and county of Alexandria, for services per¬
formed—Ayes 101.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Bayse, Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carpenter, Carter, Cazenove,
Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Custis, Dabney, Daniel, J. D. Davis,
R. J. Davis, Dunn, Edmunds, Eggleston, Evans, Ewing, Fleming, Fletcher, Flood,
Franklin, Garrison, George, Gillespie, Gilmer, Grattan, Green, Hopkins, Hunter, Huntt,
Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lundy, Lynn, Mallory,
Mathews, McCamant, McKinney, McLaughlin, Minor, Montague, R. E. Nelson, Newton,
Noland, Orgain, Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Robinson,
Rutherfoord, P. C. Saunders, R. C. Saunders, Shannon, Sheffey, Sherrard, Small, Spady,
Staples, Steger, Tate, Taylor, Thomas, Thrash, Tomlin, Treadway, Tyler, Vermillion,
Walker, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk,
Wootten, Wright and Wynne—101.
No. 33. A bill amending and re-enacting section 12, chapter 77
of the Code of Virginia.
No. 35. A bill authorizing and directing the sale and delivery by
the governor of a convicted slave named Richard, to John Washing¬
ton of Caroline county—Ayes 102.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,.
Baskervill, Bayse, Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carpenter, Carter,,
Cazenove, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Custis, Dabney, J. IX
Davis, R. J. Davis, Dunn, Edmunds, Eggleston, Evans, Ewing, Fleming, Fletcher, Flood,.
Forbes, Franklin, Garrison, George, Gillespie, Gilmer, Grattan, Green, Hopkins, Hunter,
Huntt, Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lundy, Lynn,.
Mallory, Mathews, McCamant, McKinney, McLaughlin, Minor, Montague, R. E. Nelson,
Newton, Noland, Orgain, Pitman, Prince* Reid, Richardson, Riddick, Rives, Robertson,
Robinson, Rutherfoord, P. C. Saunders, Shannon, Sheffey, Sherrard, Small, Spady, Staples,
Tate, Taylor, Thomas, Thrash, Tomlin, Treadway, Tyler, Vermillion, Walker, West,
Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Wright
and Wynne—102.
No. 36. A bill to authorize the establishment of a military school
as a part of the instruction of Randolph Macon college.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.-
No." 38. A bill to incorporate the Southern mutual life insurance
company, was read a second time, and ordered to be engrossed and
read a third time.
A resolution heretofore submitted by Mr. Thomas, authorizing the
Speaker to add to appropriate committees the members recently
elected to the house, was taken up and concurred in.
The Speaker announced the following members as added to com¬
mittees under the resolution:
Committee on finance—Mr. Green.
Committee on banks—Mr. Small.
80
JOURNAL OF THE
Committee of roads and internal navigation—Mr. Sherrard.
Committee for courts of justice—Mr. Robinson.
On motion of Mr. Taylor,
Resolved, that the committee of propositions and grievances enquire
into the expediency of making South Anna river, from Beech creek
ford to its junction with the North Anna in the county of Hanover,
a lawful fence.
On motion of Mr. Robinson of Berkeley,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law for the criminal cases by juries of a
vicinage other than that in which the offence is charged to have been
committed, when a trial in such vicinage cannot be conveniently hud
by reason of the presence of the public enemy, or the prevalence
among the people therein of sentiments unfriendly to the enforce¬
ment of public justice, as authorized by an ordinance of the conven¬
tion.
Mr. Sheffey presented the petition of John Kelly, and Henderson
M. Bell administrator of John Larguay deceased, praying the pay¬
ment of a certain judgment against the board of public works, which
was ordered to be referred to the committee on finance.
Certain resolutions heretofore submitted by Mr. Prince, in relation
to the repeal of the tariff laws by the congress of the Confederate
States, were taken up on motion of Mr. Prince.
Mr. Anderson of Rockbridge' moved to amend the resolutions by
striking out the words " during the war," and inserting " during the
•pretended blockade," which was agreed to. *
On motion of Mr. Barbour, the resolutions as amended were laid
on the table.
On motion of Mr. Mallory,
Resolved, that the committee on military affairs enquire into the
expediency of increasing the pay of volunteers now in "the service to
twenty dollars per month on their re-enlistment into the service.
Mr. Custis presented the memorial of citizens of Elizabeth City
county, asking relief to the poor of said county, which was ordered
to be referred to the committee on finance.
Mr. Eggleston submitted the following preamble and resolution:
The general assembly of Virginia being fully impressed with the
conviction that the monthly pay of the rank and file of our armies
in actual service is inadequate and unjust, and that the country de¬
sires and expects congress to do justice to those who are charged
with the defence of all that we hold dear on earth: Therefore,
Be it resolved by the general assembly, that our representatives in
congress be earnestly requested to use every exertion in their power
to increase the pay of all non-commissioned officers, musicians and
privates in actual service on and after the first day of April 18G2, at
least four dollars per month, such increase of pay to begin on the
said first day of April 1862.
And the question being on agreeing thereto, was put and decided
in the negative.
Mr. McDonald of Wyoming presented the petition of Robertson
HOUSE OP DELEGATES.
81
Cooke, praying compensation for tlie maintenance and care of Char¬
lotte Meddows, a lunatic; which was ordered to be referred to the
committee on finance.
The Speaker laid before the house a communication from the
governor, enclosing a letter from the secretary of war and a letter
from Brigadier General John H. Winder, in relation to certain free
negroes taken at Manassas; which were read and ordered to be re¬
ferred to the committee for courts of justice.
The Speaker laid before the house a communication from the
governor, enclosing a communication from the acting commissioner
of Indian affairs of the Confederate States, in relation to the pay¬
ment of interest upon registered bonds of the state held in trust by
the government of the United States for certain Indian tribes, over
which the government of the Confederate States had assumed the
protectorate; which were read and ordered to be referred to the
committee on finance.
On motion of Mr. James,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill refunding to William Rock of Botetourt
county $ 32, an amount improperly assessed and collected upon the
license tax of May last.
On motion of Mr. Hopkins,
Resolved, that the committee of schools and colleges enquire into
the expediency of incorporating Liberty hall academy in the county
of Rockingham.
On motion of Mr. Buford,
Resolved, that the committee on banks enquire into the expediency
of legalizing the use of certain state securities now held by the Bank
of Pittsylvania as a part of its capital.
On motion of Mr. Richardson,
Resolved, that the committee on finance enquire what salaries now
paid to officers in joint stock companies may be dispensed with,
without injury to the interest of the commonwealth or individual
stockholders in such companies, and that said committee report by
bill or otherwise.
No. 37. A bill to provide for the construction of a rail road con¬
nection between the Orange and Alexandria and Manassas gap rail
roads and the Richmond, Fredericksburg and Potomac rail road, here¬
tofore laid on the table by order of the house, was taken up, on mo¬
tion of Mr. Lynn, and read a second time.
The bill was amended, on motions severally made, by Mr. Lynn
and Mr. Forbes.
Mr. Wilson of Isle of Wight submitted the following amendment:
Second section, fifteenth line, insert: " And any deed of trust exe¬
cuted under the provisions of this section shall first secure the state
the payment of any dividend bonds the state holds against said com¬
pany, and the interest accrued and accruing thereon, in preference to
any loans negotiated under the provisions of this section."
And the question being on agreeing thereto, was put, and decided
in the negative.
II
82
JOURNAL OF TIIE
Mr. Forbes submitted a further amendmeut to the bill; pending
the consideration of which,
On motion of Mr. Forbes, the bill and pending amendment were
laid on the table.
On motion of Mr. "Woodson, the house adjourned until to-morrow.
12 o'clock.
THURSDAY, January 16, 1862.
Prayer by Rev. Dr. Moore of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 15, 1SG2.
The senate have passed house bill entitled:
An act to incorporate the Mutual life insurance company of Lynch¬
burg, No. 14, with amendments.
In which amendments they respectfully request the concurrence of
the house of delegates.
The amendments were concurred in.
Ordered, that the clerk inform the senate thereof.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 10. A senate bill making compensation to A. F. Haymond,
attorney for the commonwealth, reported the same without*amend¬
ment.
Subsequently, the bill was read a third time and passed—Ayes
100.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Baskervill, Bayse, Booten, Bouldin, Bradford, Brooks, Burks, Carpenter, Carter, Cazenove,
Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Crockett, Custis, Dabney, Daniel,
J. D. Davis, R. J. Davis, Dunn, Edmunds, Eggleston, Evans, Fleming, Fletcher, Flood,
Forbes, Franklin, Friend, Garrison, George, Gillespie, Gilmer, Grattan, Green, Hunter,
Huntt, Irby, James, Johnson, Jones, Jordan, Kyle, Lively, Lundy, Mallory, Mathews,
McCamant, McKinney, McLaughlin, Minor, Montague, R. E. Nelson, Newton, Orgain,
Pitman,. Prince, Eeid, Richardson, Riddick, Rives, Robertson, Robinson, Rowan, Ruther¬
foord, P. C. Saunders, R. C. Saunders, Shannon, Slieffey, Sherrard, Small, Spady, Staples,
Steger, Tate, Taylor, Thomas, Thrash, Tomlin, Treadway, Tyler, Vermillion, Walker.
Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wright
and Wynne—100.
Ordered, that the clerk inform the senate thereof.
Mr. Rutherfoord, from the same committee, to whom had been
referred
No. 13. A senate bill entitled an act 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 commonwealth, reported the same with amendments.
Subsequently, the amendments were concurred in, and the bill, as
amended, read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
• request their concurrence.
HOUSE OF DELEGATES.
83
Mr. Rutiierfoord, from the same committee, presented the fol¬
lowing reports:
A report asking further time to consider the communication of the
governor in reference to certain free negroes arrested at Manassas.
An adverse report to a resolution enquiring into the expediency of
reporting a hill making it felony for any man or set of men to impose
upon a citizen of Virginia a tax; also making it a felony for any per¬
son to administer an oath, affirmation or other obligation to support
any government other than that of Virginia or of . the Confederate
States.
Mr. McCamant, from the committee of propositions and griev¬
ances, presented the following bills:
No. 46. A bill declaring a portion of South Anna river in Hanover
a lawful fence.
No. 47. A bill declaring a portion of New river a lawful fence.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 48. A bill to organize the state troops and volunteers of
Virginia.
On motion of Mr. Anderson, the bill was read a first time, and
ordered to be read a second time.
Mr. Anderson moved that the bill be again read this day; and
the question being oil agreeing thereto, was put, and decided in the
affirmative.
The bill was again read; and the question being—Shall the bill
be engrossed and read a third time ?
Mr. Tomlin submitted a substitute for the bill; and on motion of
Mr. Tomlin, the bill and substitute were laid on the table; and on
motion of Mr. Anderson, the bill was made the order of the day for
Tuesday the 21st instant, at 1 o'clock.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing report:
An adverse report to a resolution as to the expediency of refunding
to William Wilkinson a certain sum of money paid "under an erroneous
assessment of a tract of land in the county of Carroll.
Mr. Orgain, from the committee on agriculture and manufactures,
to whom had been referred
No. 16. A senate bill entitled an act incorporating the Virginia
anthracite coal and iron company, reported the same without amend¬
ment.
Subsequently, the bill was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Orgain, from the same committee, to whom had been referred
No. 11. A senate bill entitled an act to amend the 4th section of
an act entitled an act to incorporate the Danville manufacturing
company, passed March 17th, 1860, reported the same without
amendment.
Subsequently, the bill was amended on motion of Mr. Buford,
and as amended, read a third time and passed.
84
JOURNAL OF THE
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Orgain, from the same committee, presented the following
bill:
No. 49. A bill to incorporate the Catherine furnace company in
the county of Spotsylvania.
On motion of Mr. Woolfolk,
"Whereas, in our republican system of government, the policy of
legislation has ever been to protect the property and'rights of the
citizen, and that fundamental principle that private property shall
not be taken for public use except for just compensation, underlies
that republican system of government: Therefore,
Be it resolved, that the state as well 'as the confederate government,
by proper laws, should guarantee all rights of property, and protect
those rights against invasion by undue impressment.
Resolved, that our impressment laws, if inadequate to such pro¬
tection of private rights, should be altered and enforced, and thereby
remedy the flagrant wrongs done to the farmers and other citizens of
this commonwealth, by converting their wagons, teams, grain, &c.,
from private to public use without adequate compensation.
Resolved, that the burden of impressment should be distributed
over the different portions of the^ commonwealth, and not confined
to those counties and districts immediately circumjacent to the seat
of war, whereby almost the entire industrial interest of such dis¬
tricts are utterly and absolutely suspended.
Resolved, that the committee for courts of justice enquire into the
expediency of reporting such legislation as the foregoing preamble
and resolutions may suggest.
On motion of Mr. Friend,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to Rudd and Gresham of Chesterfield county a
license tax.
On motion of Mr. Steger,
Resolved, that Joseph R. Anderson & Co. have leave to withdraw
the memorial presented by them and referred to the committee on
•claims.
On motion of Mr. Collier,
Resolved, that the committee on finance enquire what, if any, ad¬
ditional legislation is necessary to enforce the collection of public
dues from collectors in disloyal districts of this state.
The Speaker announced the following committee under the joint i
resolution from the senate in relation to retrenchment in the military
and civil departments: Messrs. Davis of Amherst, Tyler, Hopkins,
Riddick, Ewing, Nelson of Fluvanna, and Anderson of Rockbridge.
No. 17. A bill to provide for the construction of a rail road tor
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah, with the Winchester and
Potomac rail road at or near Winchester in the county of Frederick,
with the amendments proposed thereto, was taken up, on motion of
HOUSE OF DELEGATES.
85
Mr. Hunter, and made the order of the day for Saturday the 18th
instant, at 1 o'clock.
No. 9. A bill to suspend sales and legal proceedings in certain,
cases, and to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th of April 1861, by the convention- of
Virginia, being a special order of the day, was taken up, *and on
motion of Mr. Forbes, postponed to, and made the order of the day
for Monday the 20th instant, at 1 o'clock.
Mr. Montague presented the petition of citizens of Montgomery,
praying the passage of a law prohibiting the distillation of grain
during the war; which was ordered to be referred to the committee
on agriculture and manufactures.
On motion of Mr. Woodson,
Resolved by the general assembly of Virginia, that our represen¬
tatives in the congress of the Confederate States be requested to use
their utmost efforts to procure the passage of a law authorizing and
limiting impressments for the military service of the Confederate
States, and providing for payment to the owner of land and personal
property such damages as his property may have sustained while in
the possession and use of the Confederate States of America.
Resolved, that the clerk of this house forward, without delay, a
copy of the foregoing resolution to each of our representatives in
the confederate congress.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion' of Mr. Friend,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to the sureties of R. W. Gill, sheriff of Chester¬
field, damages paid by them on judgment against R. W. Gill, sheriff,
in favor of the commonwealth.
The Speaker laid before the house a communication from R. H.
Maury, &c. enclosing the proceedings of the Macon convention, and
a memorial on pilot laws, coins, weights and measures; which were
ordered to be referred to the committee for courts of justice.
On motion of Mr. Woodson,
Resolved, that the attorney general of the state be requested to
inform this house whether in his opinion the law of nations, as prac¬
ticed in this country, will be violated by subjecting to military duty
persons bona fide domiciled in this state, who have not become citi¬
zens thereof.
Mr. Newton submitted the following preamble and resolutions;
which being objected to, were laid over under the rule :
Whereas the war in defence of our liberty and independence has
heretofore been successfully conducted by our brave and generous
volunteers, who, without hesitation, came forward, at the first call of
their country, to conquer or die in her defence: and whereas this ge¬
neral assembly has an abiding confidence in the fortitude, courage and
patriotism of all the Virginia volunteers now in the field, and does not
86
JOURNAL OF THE
doubt tlieir readiness to continue their present organization, when as¬
sured that this further sacrifice for their country is earnestly desired
-by the general assembly, to aid in repelling our insolent enemies, and
in securing the soil of Virginia from the tread of the invader:
Resolved therefore by the general assembly, that an earnest appeal
be made to our volunteer forces to re-enlist for the war, with the as¬
surance that Virginia will ever hold in grateful remembrance their
patriotic and disinterested services, and that this general assembly
will take care that all their reasonable wants shall be supplied and
all their real grievances redressed.
Resolved, that the colonels of the several regiments be requested
to return the cordial thanks of the general assembly to the forces
under their command, for their generous, brave and patriotic conduct
during this war, and to cause it to be made known to the respective
companies, that in the opinion of this general assembly it is of the
highest importance to the success of our cause that they should at
once re-enlist for the war, so that it may be known how-many men
will be necessary to fill up their ranks from other quarters, and to
raise an efficient army to meet the exigencies of the spring campaign.
The Speaker of the house submitted the following preamble and
resolutions; which were unanimously agreed to :
The lamented death of Oscar M. Crutcheield, for many years
the speaker of this house, having occurred during the recess of the
legislature, and he being at the time of his death a member of the
general assembly from the county of Spotsylvania, it is proper that
an enduring mark of respect for his memory be entered upon the
journal of this house.
That his decease is deeply mourned by his former associates and
friends, need not be repeated now: it was upon every lip, and sin¬
cerely felt in every heart when it was first seen in the public prints.
That he was a useful, business member, representing faithfully his
county and the best interests of the commonwealth, his career in
this house will fully attest. No one will withhold from 'him the
meed of praise as an upright, conscientious, impartial presiding
officer. His urbanity and generous disposition and high toned, gen¬
tlemanly deportment won for him the respect of all. In his county
he filled important public trusts, and retained to his death the confi¬
dence of the people, the kind regard of his neighbors and the ardent
devotion of personal friends. In the councils of the state his name
appears as one of the honored among many illustrious names. It
will .continue to be honored on the page of history.
Resolved unanimously, that a copy of this testimony to his worth
and public services be forwarded by the speaker of this house to his
family, as a memento of his virtues.
On motion of Mr. Newton, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
87
FRIDAY, January 17, 1S62.
Prayer by Rev. Dr. Moore of the Presbyterian church.
A communication from the senate, by* their clerk, was read as
follows:
In Senate, Jan. 16, 1862.
The senate have passed with amendments house bills entitled:
An act to incorporate the Windsor tanning and boot and shoe
manufacturing company, No. 21.
An act constituting a part of New river a lawful fence, No. 19.
They have agreed to the joint resolution from the house in rela¬
tion to the appointment of a joint committee to enquire into the
treatment of prisoners from this state now confined in camp Chase,
near Columbus, Ohio.
And have agreed to a joint resolution asserting the maintenance of
her jurisdiction over all her territory.
In which amendments and resolution they respectfully request the
concurrence of the house of delegates.
The amendments projjosed by the senate to house bill entitled an
act to- incorporate the Windsor tanning and boot and shoe manu¬
facturing company, were concurred in.
The amendments proposed by the senate to house bill entitled an
act constituting a part of New river a lawful fence, were concurred in.
The joint resolution asserting the maintenance by Virginia of her
jurisdiction over all her territory, was taken up and agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Kaufman, from the committee of claims, presented the fol¬
lowing bill:
No. 50. A bill for the relief of John Orvis, late jailor of Jeffer¬
son county.
Mr. Kaufman, from the same committee, presented an adverse re¬
port to the claim of R. A. Mayo, referred to in the annual message
of the governor.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing bill:
No. 51. A bill to authorize the transfer of certain bonds of the
state held in trust by the government of the United States for cer¬
tain Indian tribes, and providing for the payment of interest thereon.
Mr. Barbour, from the same committee, presented an adverse re¬
port to a resolution as to the expediency of refunding to Rud<l &
Gresham of Chesterfield a license tax; and an adverse report as to
the expediency of refunding damages paid by sureties of R. W. Gill,
sheriff' of Chesterfield.
Mr. Anderson, from the committee on military affairs, presented
the following bills : *
No. 52. A bill to amend and re-enact an ordinance to provide for
the enrollment and employment of free negroes in the public service,
passed by the convention July 1st, 1861.
No. 53. A bill entitled an act to provide for having an accurate
list and record made of the military forces of Virginia.
88
JOURNAL OP TIIE
Mr. Rives, from the special committee on the subject of the free
negro population, presented the following bill:
No. 54. A bill to prohibit the emancipation of slaves by will.
On motion of Mr. Bak^r,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the criminal laws of the commonwealth
as to provide for the punishment of slaves and free negroes for
offences which, if committed by a white person, would be treason,
or of a treasonable and disloyal character.
On motion of Mr. Sheffey,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of amending the 52d, 53d and 54th sections
of chapter 61 of the Code of 1860.
On motion of Mr. LaidLey,
Resolved, that one thousand copies of the senate resolutions in
reference to not yielding any portion of Virginia, be printed for the
use of this house. Doc. No. 46.
On motion of Mr. Ward,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill so amending the existing law as to
provide that fiduciaries shall not forfeit their commissions for failure
to settle their accounts within the time now required by law.
On motion of Mr. Newton, the resolutions submitted by him on
yesterday, were taken up.
Mr. Newton submitted the following as a substitute therefor:
Whereas the war in defence of our liberty and independence has
heretofore been successfully conducted by the brave and generous
volunteers, who, without hesitation, came forward, at the first call
of their country, to conquer or die in its defence; and the general
assembly has an abiding confidence in the fortitude, courage and
patriotism of Virginia volunteers now in the field, and does not
doubt their readiness to continue in the service, when assured that
this further sacrifice is earnestly desired to aid in repelling our inso¬
lent enemies, and securing the sacred soil of our country from the
tread of the invader:
Resolved therefore by the general assembly, that we earnestly
appeal to our volunteer forces to re-enlist, with the assurance that
Virginia will ever hold in grateful remembrance their patriotic and
disinterested services; and the general assembly will take care that
all their reasonable wants shall be supplied, and their grievances, if
any, redressed.
Resolved, that the commandants be requested to return the cordial
thanks of the general assembly to the forces under their respective
commands, for their generous, brave and patriotic conduct during this
war, and cause it to be made known in the several companies, that
in the opinidn of the general assembly, it is of the highest impor¬
tance to the success of our cause, that they should at once re-enlist,
and that the general assembly be promptly informed of the date and
number of such re-enlistments.
3. Resolved, that a copy of the foregoing resolutions be immedi¬
ately furnished by the clerk of the house of delegates to each com-
HOUSE OF DELEGATES.
89
mandant of the Virginia forces now in service, with the request that
such commandant cause the same to be forthwith published to the
forces under his command.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Ordered, that Mr. Newton carry the same to the senate, and re¬
quest their concurrence.
No. 2. A bill to amend and re-enact the 13th section of an act
entitled an act incorporating a company to establish a turnpike road
from the town of Manchester to the town of Petersburg, and repeal¬
ing all provisions contained in other acts relating to said company,
inconsistent with this act. •
Mr. Friend submitted a substitute therefor; which was agreed to.
The bill was then read a second time, and ordered to be engrossed
and read a third time. t
Mr. Wynne presented the petition of Sampson Jones, asking for
an increase in the amount allowed for rations for the public guard ;
which was ordered to be referred to the committee on military affairs.
Mr. Gatewood presented the petition of sundry citizens of She¬
nandoah concerning the distillation of grain; which was osdered to
be referred to the committee on agriculture and manufactures.
No. 37. An engrossed bill to provide for the construction of a rail
road connection between the Orange and Alexandria and Manassas
gap rail roads and the Richmond, Fredericksburg and Potomac rail
road, was taken up, on motion of Mr. Bufokd, read a third time and
passed—Ayes 102.
Ayes—Messrs. J. t. Anderson, F. t. Anderson, Baker, Barbour, Baskervill, Bayse, Blue,
Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carter, Cazenove, Cecil, Clarke, J. J.
Coleman, H. N. Gtoleman, Collier, Crockett, Dabney, Daniel, J. D. Davis, R. J. Davis,
Dunn, Eggleston, Evans, Fleming, Fletcher, Flood, Forbes, Franklin, Friend, Garrison,
Gatewood, George, Gillespie, Gilmer, Green, Harrison, Hopkins, Hunter, Irby, Johnson,
Jones, Jordan, Kyle, Laidley, Lively, Lundy, Lynn, Mallory, Mathews, McCamant, I. E.
McDonald, McGruder, McKinney, McLaughlin, Montague, R. E. Nelson, Newton, Orgain,
Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Robinson, Rowan, Ruther-
foord, P. C. Saunders, R. C. Saunders, Shannon, Sheffey, Sherrard, Small, Spady, Staples,-
Steger, Tate, Taylor, Thomas, Thrash, Tomlin, Tyler, Vermillion, Walker, Ward, West,
Williams, J. L.Wilson, S.Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Wright and
Wynne—102.
Ordered, that Mr. Buford carry the same to the senate, and re¬
quest their concurrence.
No. 5. A senate bill entitled an act to provide for holding elec¬
tions to fill vacancies in the representation in the senate from the
4Gtli and 50th districts, with the amendments proposed thereto by
the committee of privileges and elections, being an order of the day,
was taken up, and on motion of Mr. Baskervill, laid upon the table.
Certain resolutions, heretofore submitted by Mr. Green, in relation
to fillingvvacancies in the house of delegates, being an order of the
day, was taken up.
Mr. Harrison moved the indefinite postponement of the resolu¬
tions. Pending the consideration of which,
On motion of Mr. Jones, the house adjourned until to-morrow,
12 o'clock.
12
90
JOURNAL OF THE
SATURDAY, January IS, 1S62.
Prayer by Rev. Dr. Moore of tlie Presbyterian church, as follows:
Almighty God! thou hast been our dwelling place in all genera¬
tions. Before the mountains were brought forth, or ever thou hadst
formed the earth and the world, even from everlasting to everlasting,
thou art God. Thou turnest man to destruction, and sayest, return
ye children of men, for a thousand years in thy sight are but as yes¬
terday when it is past, and as a watch in the night. Thou carriest
them away as a flood, they are as grass, in the morning it flourisheth
and groweth up, in the evening it is cut down and withereth. So
teach us to number our days that we may apply our hearts unto
wisdom. Make us to know our end and the measure of our days,
that we may know how frail we are. And forasmuch as thy Provi¬
dence has at this time combined with thy Word to bring these high
and melancholy truths before our minds, in the removal of one of
the distinguished sons of this commonwealth, venerable alike for his
years, his services, and his virtues, grant that this mournful event
' may be duly sanctified to all upon whom it has fallen. Comfort, we
beseech thee, that stricken family from whom thou hast removed
their honored head, and so sustain them by thy consoling grace, that
they may find thee to be the father of the fatherless and the husband
of the widow. Sanctify to the members of this assembly, and to
those associated/ with them in the government of this common¬
wealth, and in the destinies of this Confederacy, this solemn event,
that in the rush and excitement of political and military affairs they
may pause and listen to the voice of God; may remember that man
walketh in a vain show, that he is disquieted in vain, tlftlt he heapeth
up riches and knoweth not who shall gather them; may so lay to.
heart the high and solemn realities of death,' of judgment, and of
eternity, that when they have entered that eternity and stand before
thee in that judgment, they may all be accepted and saved through
Jesus Christ our Lord—Amen.
The Speaker laid before the house a communication from the
governor, which was read as follows:
Executive Department, Jan. 18, 18G2.
Gentlemen of the Senate a,nd House of Delegates:
John Tyler departed this life at his lodgings in this
city, after a brief illness, at twelve o'clock last night. Mr. Tyler
has served the people of Virginia with ability and distinction in
various public positions, for almost half a century. lie has served
in the general assembly, in the executive council, in the house of
representatives of the United States, as governor of the state, senator
in congress, vice president and president of the United States, mem¬
ber of the state convention of 1829-30, and the convention of 1801,
and, at the time of his death, was a member of the provisional con¬
gress, and a member elect to the permanent congress of the Con-
HOUSE OF DELEGATES.
91
federate States. His services have been important and valuable, and
in all of these positions he has fully met the public expectation.
The loss of such a man, at a time when his talents and experience
are so greatly needed in the public councils, is a calamity greatly to
be deplored. Well may the people of Virginia and the Southern
Confederacy mourn for the loss of one not less distinguished for his
manly virtues than his brilliant career as a statesman.
Respectfully,
John Letcher.
Mr. Barbour submitted the following preamble and resolutions;
and the question being on agreeing thereto, was put, and decided in
the affirmative by an unanimous vote :
The mournful intelligence of the decease of John Tyler, after a
brief illness, has cast a gloom over this general assembly. The sad
news will spread throughout his native state with painful effect. It
will be heard throughout the Southern Confederacy with deep and
abiding sorrow. He has filled a large space in the history of his
country. Heaven has blessed him with length of days, and his
country with all her honors. He has secured, we believe, a blissful
immortality.
For the page of history his fame is destined to occupy, it is proper
briefly to recount the many offices he has filled. From youthful
manhood to green old age he has served his country faithfully as a
member of the house of delegates, where his ripening intellect dis¬
played the promise of usefulness, and attracted attention as a mem¬
ber of the executive council, where his wholesome advice lent wis¬
dom to authority. As the governor of this commonwealth, where
his administrative powers gave efficacy to law, and his execution of
the will of the people, expressed by their representatives, was ren¬
dered pleasant by kindness and courtesy. As a member of the first
convention called to amend the state constitution, in which body his
ripened experience gave his counsel the force of wisdom and pru¬
dence. As a member of the house of representatives of the United
States, standing firm amid the rage of party spirit, and remaining
true to principle and to right. As a senator representing this state
in the senate of the United.States, in which he shone conspicuous for
his strict adherence to constitutional obligation, and for his manly
defence of the rights of the states and the honor of the country.
As vice president of the United States, presiding over the delibera¬
tions of the senate with dignity and impartiality, preserving the de¬
corum of a body that then was a model for legislative assemblies.
As president of the United States, when the national honor and
reputation was acknowledged unimpeached and unimpaired in every
land, and the powers of the earth looked up to the new government
as an examplar of morals and of power, worthy of respect and imi¬
tation. He thus, step by step, ascended to the eminence from which
he surveyed his country happy and glorious, and calmly retired in
dignity to a private station, happy in the contemplation of a bright
92
JOURNAL OF THE
career, happy in a peaceful and prosperous home, happy in the circle
of family and friends.
His state called him again into her service. She was to he assem¬
bled in convention to resist oppression and to withstand a galling
tyranny, against which her best men chafed. His services were in¬
voked to aid in maintaining the high position she had theretofore oc¬
cupied. He came from his retirement—he advised separation in
peace, or war to vindicate her honor. He was again selected a com¬
missioner to tender to the government at Washington the terms upon
which Virginia would remain united with her former sisters, fie
was honored with the presidency of that peace conference. His
manly appeals for justice were uttered and unheeded. He returned
and recommended separation and independence. His advice was
taken. It became necessary to form and establish another govern¬
ment for the new Confederacy. He was appointed by the'sovereign
convention of Virginia a member of the provisional congress. While
occupying a conspicuous place in the eyes of the Confederacy, and
the new government was assuming its permanent basis, he was
elected by the people a member to the first house of representatives
of the Confederate States, with a fair promise still of usefulness, to
stamp his wisdom upon the enduring monuments of a new national
existence.
But it pleased the Almighty to check his career and take him to
himself.
Such is the brief outline of the public life of John Tyler. In
private, he was the perfect gentleman, the warm hearted, affectionate,
social and delightful companion. It may be said of him, his kind
hand ministered to the wants of the distressed :
Reso.lved, as a testimonial of a nation's sorrow for the death of a
great and good man, that a joint committee of the senate and house
of delegates be appointed to confer with a committee of the con¬
gress of the Confederate States to make arrangements for his funeral
and burial.
Resolved that, with the consent of his family, his remains be de¬
posited in the Hollywood cemetery, in the city of Richmond, near
the remains of James Monroe, and that the governor of this state be
authorized to cause a suitable monument to be erected to his memory.
Resolved, that these resolutions be forthwith communicated by
the speaker of the house of delegates to the congress, and request
their concurrence.
The Speaker announced the following committee under the reso¬
lutions : Messrs. Barbour, Newton, Robertson, Anderson of Bote¬
tourt, Hunter, Sheffey, Blue, McCamant, Rives, Jones, Saunders of
Franklin, Mallory and Grattan.
Ordered, that Mr. Barbour carry the preamble and resolutions to
the senate, 'and request their concurrence.
On motion of Mr. Barbour, the house adjourned until Monday,
12 o'clock.
HOUSE OF DELEGATES.
93
MONDAY, January 20, 1862.
Prayer by Rev. Mr. Duncan of the Methodist church.
The following communications from the senate were read :
In Senate, Jan. 17, 3 862.
The senate have agreed to the amendments proposed by the house
of delegates to bill entitled:
An act to amend the 4th section of an act entitled an act to incor¬
porate the Danville manufacturing company, passed March 17, 1860.
They have passed house bills entitled :
An act to authorize Hughes Dillard to erect a dam half across
Smith's river, in the county of Henry, in a manner not inconsistent
with the rights of the Smith's river navigation company, No. 30.
An act to amend an act entitled an act to incorporate the Atlantic
steam ferry company, No. 29.
And have passed with amendments, house- bill entitled : .
An act to revive and extend an ordinance respecting the issue of
small notes, No. 39.
They have also passed bills entitled:
An act to amend section 11 of chapter 163 of the Code, in rela¬
tion to the removal of the records and papers of courts, No. 20.
An act exempting from taxation the seal of courts attached to
papers or records for the recovery of the wages or other dues of
deceased soldiers, and to refund the tax heretofore paid, No. 21.
An act to amend section 27 of chapter 24 of the Code (new
edition), providing for a clerk in the adjutant general's office, No. 26.
An act providing for the appointment of additional clerks in the
office of the auditor of public accounts, No. 24.
An act to provide temporary warehouses for tobacco, No. 25.
In which amendments and bills they respectfully request the con¬
currence of the house of delegates.
In Senate, Jan. 18, 1862.
The senate have passed house bill entitled:
An act to amend and re-enact an act entitled an act refunding to
Moses Gr. Booth damages paid by him as surety of Samuel S. Turner,
late sheriff of Franklin county, passed March 19, 1861.
They have agreed to the preamble and resolutions from the house
of delegates in honor of the memory of John Tyler.
The following senate bills were read a first and second times, and
referred to the committee on finance : ,
No. 21. A senate bill entitled an act exempting from taxation the
seal of the courts attached to papers or records for the recovery of
the wages or other dues of deceased soldiers, and to refund the tax
heretofore paid.
No. 24. A senate bill entitled an act providing for the appoint¬
ment of additional clerks in the office of the auditor of public
accounts.
94
JOURNAL OF THE
No. 26. A senate bill entitled an act to amend section 27 of chap¬
ter 24 of the Code (new edition), providing for a clerk in the adju¬
tant general's office.
No. 20. A senate bill entitled an act to amend section 11 of chap¬
ter 163 of the Code in relation to the removal of the records and
papers of courts, was read a first and second times, and referred to
the committee for courts of justice.
No. 25. A senate bill entitled an act to provide temporary ware¬
houses for tobacco, was read a first and second times, and referred to
the committee on agriculture and manufactures.
The amendments proposed by the senate to house bill entitled
No. 39. An act to revive and extend an ordinance respecting the
issue of small notes, was taken up, and the bill and amendments re¬
ferred to the committee on banks.
Mr. Robertson, from the committee on banks, presented the fol¬
lowing bill:
No. 55. A bill concerning bank directors.
Mr. Sheffey, from the committee on military affairs, presented a
bill by way of substitute to the bill reported from the committee,
entitled
No. 48. A bill to organize the state troops and volunteers of Vir¬
ginia, which, on his motion, was laid on the table and ordered to be
printed.
Mr. Anpeeson of Rockbridge, from the special committee to cor¬
respond with the lessees of the Washington and Smyth county salt
works, presented a report.
Mr. Anderson, from the same committee, presented a report of
the minority of the committee, which, together with the report of
the committee, was, on his motion, laid on the table and ordered to
be printed.
Mr. Montague presented the petition of citizens of Montgomery,
praying the passage of a law to prevent the distillation of grain du¬
ring the war; which was ordered to be referred to the committee for
courts of justice.
Mr. Robertson presented the petition of the board of commis¬
sioners of free schools for Richmond; wh\ph was ordered to be re¬
ferred to the committee of schools and colleges.
On motion of Mr. McCamant,
Resolved, that the committee for courts of justice enquire whether
any, and if any, what legislation is necessary to protect the holders
of negotiable paper payable out of this state.
On motion of Mr. Johnson,
Resolved, that leave be given to withdraw from the files of the
house, bill 140 and accompanying documents of session 1853-4, and
that the same be referred to the committee of claims.
On motion of Mr. Gatewood,
Resolved, that the committee of claims be instructed to enquire
into the expediency of remunerating Heller & Psho, of Woodstock,
Virginia, for merchandise furnished first lieutenant Robert McCUes-
ney, Virginia volunteers.
HOUSE OF DELEGATES.
95
Certain resolutions in reference to filling vacancies-in the house of
delegates, from the disloyal counties of the commonwealth, with the
pending motion to postpone the resolutions indefinitely, being unfi¬
nished business of Friday last, were taken up.
Pending the consideration of which,
On motion of Mr. Wilson of Isle of Wight, the house adjourned
until to-morrow, 12 o'clock.
TUESDAY,* January 21, 1862.
The Speaker presented a communication from the joint committee
of the provisional congress and general assembly of Virginia to
superintend the funeral obsequies of the late John Tyler.
On motion of Mr. Collier,
Resolved, that the communication be entered upon the journal of
the house.
Funeral of the Hon. John Tyler.
Order of Procession.
1. The military selected for duty on the occasion.
2. The hearse containing the remains of the deceased, attended
by the following gentlemen as pall-bearers : J. W. Brockenbrough,
Virginia; Robert Toombs, Georgia; R. W» Barnwell, South Caro¬
lina ; John B. Clark, Missouri; Thomas B. Munroe, Kentucky; Jack¬
son Morton, Florida; John M. Morehead, North Carolina; W. P.
Chilton, Alabama; John Robertson, senate of Virginia; James Nee-
son, senate of Virginia; B. B. Douglas, senate of Virginia; Thomas
M. Isbell, senate of Virginia; W. Newton, house of delegates of Vir¬
ginia ; J. T: Anderson, house of delegates of Virginia ; Andrew Hun¬
ter, house of delegates of Virginia; W. T. Jones, house of delegates
of Virginia.
3. The family of the deceased, and physicians attending upon him
in his last illness, and Bishop Johns.
4. The committee of arrangements of congress, and the joint com¬
mittee of the general assembly of Virginia.
5. The president of the C. S. A.
6. The vice president and cabinet.
7. The governor, lieutenant governor, and secretary of the com¬
monwealth of Virginia.
8. The judges of the courts of the Confederate States, and of the
state of Virginia, and the attorney general of Virginia.
9. The congress of the Confederate States, preceded by their
speaker, and attended by their clerk, sergeant at arms and other
officers.
96
journal of the
1 0. The senate of Virginia, preceded by their president pro tern,
and attended by their clerk, sergeant at arms and other officers.
11. The house of delegates of Virginia, preceded by their speaker,
and attended by their clerk, sergeant at arms and other officers.
12. The clergy of the city, officiating for the congress and Vir¬
ginia legislature.
13. Officers of the army and navy of the Confederate States.
14. The mayor of Richmond and other city authorities.
15. The citizens generally.
On motion of Mr. Collier, the house adjourned until to-morrow,
12 o'clock.
WEDNESDAY, January 22, 1S62.
Prayer by Rev. Mr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 20, 18G2.
The senate have agreed to house resolution in relation to the
Te-enlistment of the .volunteer forces of the state.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented tl^e following bill:
No. 56. A bill to regulate proceedings under the second section of
ordinance No. 70, entitled an ordinance to prohibit citizens of Virginia
from holding office under the United States government, passed by
the convention of Virginia on the 27th day of June 186,1.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing reports :
An adverse report as to the expediency of reporting a bill to pre¬
vent the unnecessary consumption of grain in the manufacture of
ardent spirits.
A report referring to the committee on military affairs a resolution
as to the expediency of authorizing the county and corporation courts
of this commonwealth to settle with the sheriffs militia fines.
An adverse report as to the expediency of providing by law for the
trial of criminal cases by juries of a vicinage other than that in which
the offence is alleged to have been committed.
Mr. Barbour, from the committee on finance, to whom had been
referred
No. 21. A senate bill entitled an act exempting from taxation the
seal of courts attached to papers or records for the recovery of the
wages or other dues of deceased soldiers, and to refund the tax here¬
tofore paid, reported the same without amendment.
Mr. Barbour, from the same committee, to whom had been referred
the following senate bills, reported the same with amendments:
No. 26. A senate bill entitled an act to amend section 27 of chapter
24 of the Code (new edition), providing for a clerk in the adjutant
general's office.
HOUSE OF DELEGATES.
97
No. 24. A senate bill entitled an act providing for the appoint¬
ment of additional cle/ks in the office of the auditor of public accounts.
The Speaker laid before the house a communication from the
attorney general of the state, in answer to a resolution of the house,
in relation to the liability of resident aliens to be called into the
military service of the state; which was laid on the table and ordered,
to be printed. Doc. No. 48.
The Speaker laid before the house a communication from Henry
Hill, paymaster of the Virginia forces, in answer to a resolution of
the house, showing the number of companies from Virginia enlisted'
prior to the 1st of July 1861; which was laid on the table and or¬
dered to be printed. Doc. No. 49. "
On motion of Mr. Collier,
Resolved, that the committee for courts of justice enquire into^the
expediency of requiring security for costs in all suits instituted' in
the courts of this commonwealth.
On motion of Mr. Buford,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of providing by law for.-
allowing Eliza Ashe, a free woman of color, to remain in this state-
On motion of Mr. Cecil,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law for compensating the families of
persons killed by wrongful act, neglect or accident.
On motion of Mr. Wootten,
Resolved, that the committee of claims enqoire into the expe¬
diency of compensating Peter P. Penn of Henry county for the loss
of his slave Albert, convicted of murder and sentenced to be exe¬
cuted by the county court of said county,. May term 1861.
On motion of Mr. Collier,
Resolved, that leave be given to withdraw from the files of the*
house, bill 194 of the session of 1861, and that the same be referred
to the committee of propositions and grievances.
On motion of Mr. Baskervill,
Resolved, that the committee for courts of justice enquire into the*
legality of the requisitions by the military authorities, for slaves-
upon the various counties and cities of the state, and make report
thereon, if expedient, by bill or otherwise.
Mr. Crockett presented the petition of Robert Rosser and others,,
asking that taxes be refunded on land erroneously assessed; which,
was ordered to be referred to the committee on finance.
The joint order of the day for the election of senators to repre¬
sent Virginia in the senate of the congress of the Confederate States,
was taken up and read.
Mr. James submitted the following resolution :
Resolved, that the execution of the joint order of the general as¬
sembly fixing the election of senators for this day, be postponed until!
the 12th day of February 1862.
And the question being on agreeing thereto, was pot, and decided
in the negative—Ayes 27, noes 8S,
13
08
JOURNAL OF .TIIE
On motion of Mr. Burks, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Bradford, J.D. Davis, Dunn, Fleming;
Gatewood, George, Gillespie, Green, Iluntt, James, Johnson, Kyle, Lively, A. W. Mclhi-
nald, I. E. McDonald, McLaughlin, Pitman, Richardson, Robinson, Rowan, (Shannon, Shcr-
rard, Small, Vermillion and Woodson—27.
Noes—Messrs. Kemper (speaker), Baker, Baskervill, Bass, Bayse, Blue, Booteu, Boul-
din. Brooks, Buford, Burks, Carpenter, Carter, Cazenove, Cecil, Clarke, J. J. Coleman, H.
N. Coleman, Collier, Crockett, Custis, Dabney, Daniel, R. J. Davis, Edmunds, Eggleston,
Evans, Ewing, Fletcher, Flood, Forbes, Franklin, Friend, Garrison, Gilmer, Gordon, Crat¬
tan, Harrison, Hunter, Irby, Jones, Jordan, Kaufman, Laidley, Lynn, Mallory, Mathews,
McCamant, McGruder, McKinney, Montague, Murdaugh, R. E. Nelson, Newton, Noland,
Orgain, Prince, Reid, Riddick, Rives, Robertson, Rutherfoord, P. C. Saunders, R. C. Saun¬
ders, Sheffey, Spady, 'Staples, Steger, Tate, Taylor, Thomas, Thrash, Toinlin, Treadway,
Tyler, Vaden, Walker, Ward, West, Williams, j. L. Wilson, S. Wilson,-Woodhonse, Wool-
folk, Wootten, Worsham, Wright and Wynne—S3.
Mr. Wilson of Isle of Wight nominated James Barbour of Culpcper.
Mr. Newton nominated R. M. T. Hunter of Essex.
Mr. Forbes nominated William Ballard Preston of Montgomery.
Mr. Anderson of Rockbridge nominated William C. Rives of
Albemarle.
A message was received from the senate by Mr. Newlon, who in¬
formed the house of delegates that the senate h ad agreed to the fol¬
lowing resolution, in which they respectfully requested the concur¬
rence of the house of delegates :
Resolved, that the execution of the joint order of the day, which
ihasibr .its object the election of senators to represent Virginia in the
.senate of the confederate congress, be postponed to the 15th of
February next.
The resolution was taken up.
Mr. Woodhouse moved to amend the resolution by striking out
the 15th of February," and inserting " the 23d of January and
the question being on agreeing thereto, Mr. Staples demanded the
(previous question, which was sustained by the house, and being put,
'was decided in the negative.
The question recurring on agreeing to the resolution from the
senate, was put, and decided in the negative—Ayes 25, noes 90.
On motion of Mr. Mallory, the vote was recorded as follows:
Ayes—Messrs. J.T.Anderson, Colli™, Dunn, Fleming, George, Gillespie, Green, Huntt.
.James, Johnson, Lively, A. W. McDonald, I. E. McDonald, McLaughlin, Pitman, Richard-
,son, Robinson, /Ruvvan, P. C. Saunders, Shannon, Sheffey, Skerrard, Small, Vermillion and
Woodson—25.
Noes—Messrs. Kemper (speaker), F. T. Anderson, Baker, Baskervill, Bjpss, Bayse, Blue,
Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carpenter, Carter, Cazenove, Cecil,
-Clarke, J. J. Coleman, H. N. Coleman, Crockett, Custis, Dabney, Daniel, J. D. Davis, R.
,J. Davis, Edmunds, Eggleston, Evans, Ewing, Fletcher, Flood, Forbes, Franklin, Friend,
Garrison, Gatewood, Gilmer, Gordon, Grattan, Harrison, Hunter, Irby, Jones, Jordan, Kauf¬
man, Kyle, Laidley,'Lynn, Mallory, Mathews, McCamant, McGruder, McKinney, Monta¬
gue, Murdaugh, R. E. Nelson, Newton, Noland, Orgain, Prince, Reid, Riddick, Rives, Ro¬
bertson, Rutherfoord, R. C. Saunders, Spadv, Staples, Steger, Tate, Taylor, Thomas, Thrash,
"Tomlin, Treadway, Tyler, Vaden, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson,
Woodhouse, Woolfolk, Wootten, Worsham, Wright and Wynne—90.
Ordered, that Mr. Sheffey inform the senate that the house had
.disagreed to their resolution postponing the joint order of the day.
•Ordered, that Mr. Wilson of Isle of Wight inform the senate that
the house of delegates was ready on their part to proceed with the
.execution of the joint order, and that James Barbour, R. M T. Hun¬
ter, William Bal ard Preston and William C. Rives were in nomination.
HOUSE OF DELEGATES.
99
A message was received from the senate by Mr. Thomas of Fair¬
fax, who informed the house of delegates that the senate had agreed
to the following resolution, in which they respectfully requested the
concurrence of the house :
Resolved, with the concurrence of the house of delegates; that the
further execution of the joint order of the day be postponed until
to-morrow, at 12£ o'clock. 1
The resolution was taken up, and the question being on agreeing
thereto, was put, and decided in the negative.
Mr. Woolfolk moved a suspension of the rule, with a view to
reconsider the vote rejecting the resolution from the senate; and the
question being on agreeing thereto, was put, and decided in the
negative.
■Ordered, that Mr. Tomlin inform the senate that the house of
delegates had disagreed to their resolution.
A message was received from the senate by Mr. Thomas of Fairfax,
who informed the house of delegates that the senate insisted upon
their resolution.
Mr. Rutiierfoord moved that the house recede from their dis¬
agreement to the resolution from the senate; and the question being
on agreeing thereto, was put, and decided in the negative.
Ordered, that Mr. Burks inform the senate that the house of dele¬
gates insist upon their disagreement to their resolution.
A message was received from the senate by Mr. Coghill, who in¬
formed the house of delegates that the senate had agreed to the fol¬
lowing resolution, in which tliey respectfully requested the concur¬
rence of the house of delegates:
Resolved, that the senate ask a committee of conference to con¬
sider the subject of disagreement between the two houses in relation
to the execution of the joint order of the day, and have appointed
on their part a committee, consisting of Messrs. Coghill, Douglas,
and Thomas of Fairfax.
On motion of Mr. Sheffey, the resolution was concurred in.
Ordered, that Mr. Sheffey inform the senate thereof.
The Speaker announced the following committee under the reso¬
lution: Messrs. Sheffey, Rutherfoord, Wilson of Isle of Wight, Jones
and Thomas.
Subsequently, Mr. Sheffey, from the joint committee, presented
the following report:
The joint committee of conference being unable to agree upon an
adjustment of the obstacles to the execution of the joint order for
the election of senators, recommend that the further execution of the
joint order be postponed until to-morrow, at half past twelve o'clock;
and that the committee have leave to confer further, and to make
their report to the two houses when they reassemble.
R. A. Coghill,
Chairman of Senate Committee..
Hugh W. Sheffey,
Chairman of House Committee..
100
JOUENAL OF THE
A message was received from the senate by Mr. Douglas, who in¬
formed the house of delegates that the senate had agreed to the re¬
port of the joint committee of conference.
The report was then taken up and agreed to on the part of the
house.
Ordered, that Mr. Green inform the senate thereof.
On motion of Mr. Kaufman, the house adjourned until to-morrow,
12 o'clock.
THURSD4Y, January 23, 1862.
Prayer by Rev. Mr. Duncan of the* Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 22, 1862.
The senate have passed bills entitled :
An act concerning treasury notes, No. 7.
An act to enforce payment of balances due from commissioners of
forfeited and delinquent lands, No. 27.
In which they respectfully request the concurrence of the house
of delegates.
No. 7. A senate bill entitled an act concerning treasury notes, was
read a first and second times, and referred to the committee on
finance.
No. 27. A senate bill entitled an act to enforce payment of ba¬
lances due from commissioners of forfeited and delinquent lands, 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 reports:
An adverse report as to the expediency of confiscating the bonds
of the state held by the United States.
An adverse report to a resolution requiring rail road companies to
pay full value for stock killed on their roads.
Mr. McCamant, from the committee of propositions and grievances,
presented the following bills:
No: 57. A bill incorporating the Mutual life insurance company.
No. 58. A bill to incorporate the Planters insurance company.
No. 59. A bill changing the lines of Pulaski and Wythe counties.
Mr. Sheffey, from the committee of roads and internal navigation,
presented the following bill:
No. 60. A bill to authorize the board of public works to transfer
the Southwestern turnpike to the counties in which it lies.
Mr. EUmunds, from the committefe on finance, presented the fol¬
lowing bilU
No. 61. A bill refunding to William M. Hume, sheriff of Fauquier
county, damages paid by him as such.
HOUSE OF DELEGATES.
101
Mr. Edmunds, from the same committee, presented an adverse re¬
port to a resolution of expediency enquiring as to providing means
for the relief of the poor loyal citizens of Elizabeth City county and
the lower part of Warwick now in the hands of the enemy.
Mr. Robertson, from the committee on banks, presented the fol¬
lowing bill:
No. 62. A bill incorporating the Savings bank for small earnings,
of the city of Richmond.
Mr. Robertson, from the same committee, to whom had been re¬
ferred
No. 39. A house bill entitled an act to revive and extend an or¬
dinance respecting the issue of small notes, with the amendments
thereto proposed by the senate, reported the same, with the recom¬
mendation that the amendments be agreed to.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a letter from the president of the Hollywood ceme¬
tery company, recommending the purchase of a certain portion of
said cemetery for public uses; which 'was ordered to be printed, and
referred to the committee on finance. Doc. No. 50.
The Speaker laid before the house a communication from Johnson
J. Hooper, secretary of the provisional congress, enclosing a resolu¬
tion of that body expressing the approbation of congress of a resolu¬
tion of the general assembly, asserting the determination of Virginia
to maintain her ancient boundaries, and pledging all the resources of
the Confederacy to uphold her determination; which were read, laid
on the table, and ordered to be printed. Doc. No. 51.
On motion of Mr. Evans,
Resolved, that the clerk of the house be directed to assign to the
special committee appointed to ascertain what judges in the com¬
monwealth should have their salaries discontinued, on account of
disloyalty to the south, one of the clerks in his office.
Mr. Siieffey, from the joint committee of conference, in reference
to the disagreement of the two houses in relation to the execution of
the joint order of the day, which had for its object the election of
two senators from the state of Virginia to the senate of the confede¬
rate congress, presented the following report:
The joint committee of the two houses recommend the adoption
of the following joint order:
That the two houses proceed to-day, at half-past twelve o'clock,
to the further execution of the joint order for the election of confede¬
rate senators ; and that they vote to fill both offices at the same time.
R. A. Coghill,
Chairman Senate Committee.
Hugh W. Sheffey,
Chairman House Committee.
A message was received from the senate by Mr, Coghill, who
informed the house of delegates that the senate had agreed to the
report of the joint committee of conference.
The report was then taken up and agreed to.
102
JOURNAL OF THE
Oa motion of Mr. Siieffey,
Resolved, that the senate be requested to return to the house of
delegates the message communicated on yesterday, informing the
senate that the house was ready 011 its part to proceed, in execution
of the joint order, to the election of one senator, and that Messrs.
Barbour, Hunter, Rives and Preston were put in nomination in this
house.
Ordered, that Mr. Sheffey carry the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Thomas of Fairfax,
who informed the house of delegates that the senate had agreed to
the resolution just communicated.
The Speaker announced that under the report just agreed to, the
rule requiring in all elections but one vacancy to be filled at a time
was suspended, and that the nominations previously made having
been returned, that in execution of the joint order of the day, nomi¬
nations were in order.
Whereupon, Mr. Wilson of Isle of Wight withdrew the name of
James Barbour of Culpeper.
Mr. Newton nominated R. M. T. Hunter of Essex.
Mr. Crockett nominated William Ballard Preston of Montgomery.
Mr. Green nominated Charles W. Russell of Ohio county.
Mr. Walker nominated William C. Rives of Albemarle.
Mr. Collier nominated William Daniel, jr. of Campbell.
Ordered, that Mr. Newton inform the senate that the house of de¬
legates is ready to proceed to the execution of the joint order of the
day, which has for its object the election of senators from Virginia to
the congress of the Confederate States, and that R. M. T. Hunter,
William Ballard Preston, Charles W. Russell, William C. Rives and
William Daniel, jr. are in nomination.
Mr. Collier, by leave of the house, withdrew the nomination of
William Daniel, jr.
Ordered, that Mr. Collier inform the senate thereof.
A message was received from the senate by Mr. Robertson, who
informed the house of delegates that the senate were ready on their
part to proceed with the execution of- the joint order, and that no
other nominations had been made in that body.
The roll was then called, with the following result: For R. M. T.
Hunter, 105; for William Ballard Preston, 67; for C. W. Russell, 39;
for William C. Rives, 10; for John B. Floyd, 7 ; for William Daniel,
jr. 2; for James Barbour, 1; for James M. Mason, 1; for Henry A.
Wise, 1.
For It. M. T. Hunter—Messrs. J. T. Anderson, f. T. Anderson, Baker, Baslcervill, Bass,
Bayse, Blue, Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carter, Cazenove, Cecil,
Clarke, H. N. Coleman, Collier, Crockett, Custis, Dabney, Daniel, J. D. Davis, R. J. Davis,
Dunn, Edmunds, Eggleston, Evans, Fleming:, Fletcher, Flood, Forbes, Franklin, Friend,
Garrison, Gatewood, George, Gillespie, Gordon, Grattan, Green, Harrison, Hunter, Huntt,
Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Lundy, Lynn, Mal-
lory, Mathews, McCamant, A. W. McDonald, i. E. McDonald, McGruder, McKinney, Mc¬
Laughlin, Montague, Murdaugh, Newton, Noland, Orgain, Pitman, Prince, Riddick, Rives,
Robertson, Robinson, Rowan, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Shef¬
fey, Sherrard, Small, Spady, Staples, Steger, Tate, Taylor, Thomas, Thrash, Tomlin, Tread-
HOUSE OF DELEGATES. 103
way, Tyler, Vermillion, "Ward, "West, J. L. Wilson, S. Wilson, Woodliousc, Woodson, Wool-
folk, Wootten, Worsham, Wright and Wynne—105.
For IV. B. Preston—Messrs. Kemper (speaker), Baker, Barbour, Baskervill, Bouldin,
Brooks, Buford, Burks, Carter, Cazenove, Cecil, J. J. Coleman, H. N. Coleman, Crockett,
Custis, Dabney, J. D. Davis, R. J. Davis, Eggleston, Evans, Fleming. Fletcher, Flood,
Forbes, Friend, Garrison, Gilmer, Gordon, Huntt, Irby, Jones, Jordan, Kyle, Lundy, Lynn,
Mallory, Mathews, McCain ant, McGruder, McKinney, McLaughlin, Montague, Murdaugh,
R. E. Nelson, Newton, Prince, Eeid, Eiddick, Eives, Eobinson, Eowan, P. Saunders, E. C.
Saunders, Sheffey, Spady, Staples, Steger, Taylor, Thrash, Tomlin, Treadway, Tyler, S.
Wilson, Woodhouse, Woodson, Woolfolk and Wright—67.
For C. IV. Russell—Messrs. J. T. Anderson, Blue, Booten, Bradford, Carpenter, Collier,
Daniel, Edmunds, Bass, Franklin, Gatewood, George, Gillespie, Green, Hunter, Johnson,
Kaufman, Laidley, Lively, A. W. McDonald, I. E. McDonald, Orgain, Pitman, Eobinson,
Eutherfoord, Sherrard, Small, Tate, Thomas, Vaiden, Vermillion, Walker, Ward, West,
Williams, J. L. Wilson, Wootten, Worsham and Wynne—39.
For IV. C. Rives—Messrs. F. T. Anderson, Barbour, J. J. Coleman, Harrison, Noland,
Eeid, Eichardson, Vaiden, Walker and Williams—10.
For J. B. Floyd—Messrs. Bayse, Clarke, Dunn, Ewing, Grattan, Eichardson and Shan¬
non—7.
For IV. Daniel, jr.—Messrs. Gilmer and Nelson—2.
For J. M. Mason—Mr. James—1.
For J. Barbour—Mr. Carpenter—1.
For H. A. Wise—Mr;'Kemper (speaker)—1.
The Speaker announced the following committee to meet a com¬
mittee on the part of the senate, and count the joint vote, viz:
Messrs. Newton, Crockett, Green, Walker and Noland, who having
performed that duty, subsequently reported by their chairman, Mr.
Newton, as follows:
The committee appointed to count the joint vote cast for the elec¬
tion of two confederate Senators, have discharged the duty assigned
them, and beg leave to report:
Whole number of votes cast, 164. Necessary to a choice, 83. Of
which R. M. T. Hunter received 140 votes; William Ballard Preston,
88; Charles W. Russell, 62 ; William C. Rives, 23; John B. Floj^d,
7; William Daniel, jr. 2; James M. Mason, 1; James Barbour, 1;
Henry A. Wise, 1.
R. M. T. Hunter and William Ballard Preston having received a
majority of all the votes cast, were declared duly elected senators to
represent Virginia in the senate of the congress of the Confederate
States.
No. 48. A bill to organize the state troops and volunteers of Vir¬
ginia, was taken up, on motion of Mr. Anderson, and made the order
of the day for to-morrow at 12J o'clock, and thereafter from day to
day until disposed of.
On motion of Mr. Rowan, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, January 24, 1862.
Mr. Bass, from the committee of claims, presented the following
bill:
No. 63. A bill for the relief of Levi Johnson.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
104
JOURNAL OF THE
No. G4. A bill to constitute a corps more effectually to collect tlic
arms of the state and Confederate States not in actual service ; which,
on his motion, was read a first time, and ordered to be read a second
time.
On motion of Mr. Woodhouse,
Resolved, that a select committee be appointed to enquire into the
most effectual mode of preventing the escape of slaves to the public
enemy, by reason of the carelessness of the owners of boats, in al¬
lowing their boats to remain where they can be used by slaves.
Mr. Thrasii submitted the following resolution, which being ob¬
jected to, was laid over under the rule :
Resolved, that the Speaker vacate the chair this evening at 3
o'clock, and resume it at 7£ o'clock, and so on from day to day, until
the bill to organize the state troops and volunteers be finally disposed
of.
The Speaker laid before the house a communication from the se¬
cretary of the board of public works, enclosing the proceedings of the
board of public works for the last two years; which was laid on the
table and ordered to be printed. Doc. No. 17.
No. 52. A bill entitled a bill to amend and re-enact an ordinance
to provide for enrollment and employment of free negroes in the
public service, passed by the convention July 1st, 1861, was read a
first time, and ordered to be read a second time.
No. 39. An engrossed bill entitled an act to revive and extend an
ordinance respecting the issue of small notes, with the amendments
proposed thereto by the senate, was taken up, on motion of Mr.
Robertson, and the amendments concurred in.
Ordered, that the clerk inform the senate thereof.
Mr. Montague presented the petition of citizens of Montgomery,
in relation to the distillation of grain during the war; which was re¬
ferred to the committee for courts of justice.
Mr. Eggleston presented the petition of citizens of Giles county;
which was referred to the committee for courts of justice.
Mr. Bradford presented the petition of James Ryan, sheriff of
the county of Clarke; which was referred to the committee on
finance.
No. 49. A bill to incorporate the Catherine furnace company in
the county of Spotsylvania, was taken up, on motion of Mr. Orgain,
read a first time, and ordered to be read a second time; and on his
motion (two-thirds concurring), 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.
Ordered, that Mr. Gordon carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Steger,
Resolved, that the committee of claims enquire into the expediency
of allowing John S. Rady the sum of sixty-one dollars, due him for
services as page of this house for the session of 1847-48.
No. 58. A bill to incorporate the Planters insurance company,
was taken up, on motion of Mr. Collier, read a first time, and on
HOUSE OF DELEGATES.
105
his further motion (two-thirds concurring), was read a second time,
and ordered to be engrossed and read a third time.
No. 46.. A bill declaring a portion of South Anna river in Hanover
county a lawful fence, was taken up, on motion of Mr. Taylor, and
recommitted to the committee of propositions and grievances.
No. 51. A bill to authorize the transfer of certain bonds of the
state held in trust by the government of the United States for cer¬
tain Indian tribes, and providing for the payment of interest thereon,
was taken up, on motion of Mr. Barbour, read a first time, and on
his further motion (two-thirds concurring), was read a second time,
and ordered to be engrossed and read a third time.
No. 48. A bill to organize the state troops and volunteers of Vir¬
ginia, being the special order of the day, was taken up.
Mr. Anderson, the chairman, of the committee on military affairs,
submitted various amendments, which were agreed to.
Mr. Anderson submitted an amendment, the effect of which was
to cause all vacancies to be filled by promotion instead of by election,
except in the office of lieutenant of lowest grade. Pending the con¬
sideration of which,
On motion of Mr. Jones, the house adjourned until to-morrow,
12 o'clock.
SATURDAY, January 25, 1862.
Prayer by Rev. Mr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 24, 1862.
The senate have passed house bills entitled:
An act compensating George Duffey, late commissioner of the
revenue for the city and county of Alexandria, for services per¬
formed, No. 33.
An act to authorize the establishment of a military school as a
part of the instruction of Randolph Macon college, No. 36.
An act amending and re-enacting section 12 of chapter 77 of the
Code of Virginia, No. 34.
An act authorizing and directing the sale and delivery by the go¬
vernor of a convicted slave named Richard to John Washington of
Caroline county, No. 35.
And they have passed bills entitled:
An act to authorize an alteration in the line of the South side rail
road, No. 29.
An act for the relief of John R. Cunningham, administrator of
Newton Cunningham, late sheriff of Prince Edward county, No. 30.
In which they respectfully request the concurrence of the house
of delegates.
No. 29. A senate bill entitled an act to authorize an alteration in
14
106
JOURNAL OF THE
the line of the South side rail road, was read a first and second times,
and on motion of Mr. Collier, read a third time, and passed.
Ordered, that the clerk inform the senate thereof.
No. 30. A senate bill entitled an act for the relief of John R.
Cunningham, administrator of Newton Cunningham, late sheriff of
Prince Edward county, was read a first and second times, and re¬
ferred to the committee on finance.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 18. A senate bill entitled an act authorizing the judge of the
court of hustings of the city of Richmond, to grant a new trial in
the case of the Commonwealth against Edward Kersey and Hammett
A. Pearce, reported the same without amendment.
Mr. Rutherfoord, from the same committee, to whom had been
referred
No. 20. A senate bill entitled an act to amend section 11 of
chapter 163 of the Code, in relation to the removal of the records
and papers of courts, reported the same with amendments.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing report:
An adverse report as to the expediency of compensating the clerk
of the hustings court and the sergeant of the city of Richmond for
services rendered in commonwealth's cases.
Mr. Barbour, from the committee on finance, to whom had been
referred the following senate bills, reported the same without amend¬
ment :
No. 7. A senate bill entitled an act concerning treasury notes.
No. 27. A senate bill entitled an act to enforce payment of ba¬
lances due from commissioners of forfeited and delinquent lands.
Mr. Buford, from the committee on banks, presented the follow¬
ing bill:
No. 65. A bill to legalize the use of certain state securities held
by the Bank of Pittsylvania as part of its capital.
Mr. Bass, from the committee of claims, presented the following
bill:
No. 66. A bill compensating Peter P. Penn for the loss of his slave
Albert.
The Speaker laid before the house a communication from the
governor, enclosing the quarterly returns of certain banks of the
commonwealth; which was laid on the table and ordered to be
printed.
On motion of Mr. Anderson of Botetourt,
Resolved, that the committee on military affairs enquire into the
expediency of organizing companies of rangers for the defence of the
western and northwestern frontier.
On motion of Mr. Hunter,
Resolved, that the committee on finance enquire into the expedi¬
ency of providing by law for the remission of taxes upon state and
corporation bonds, and other public securities, held by citizens of
this state, which, in consequence of the circumstances of the present
HOUSE OF DELEGATES.
107
war, are rendered of no value to the holders, or from which the
holders can derive no income, in consequence of the war, and the
course of policy pursued by the public enemy; and that said com¬
mittee further enquire into the expediency of refunding such license
taxes paid for the year 1861, by parties who have been prevented by
the acts of either our own armies or those of the enemy from pur¬
suing the business for which such licenses were granted.
Mr. Mallory submitted the following resolution, which being
objected to, was laid over under the rule:
Resolved, that after to-day the session of this house shall com¬
mence at 11 o'clock A. M. until otherwise ordered.
Mr. Taylor presented the remonstrance of Alexander Barlow and
others of the county of Hanover, against the passage of any law
making a portion of the South Anna river a lawful fence between
the bridge of the Richmond, Fredericksburg and Potomac rail road
and the Ground Squirrel bridge; which was referred to the com¬
mittee of propositions and grievances.
On motion of Mr. Green,
Resolved, that the petition of J. T. B. Dorsey and others for the
incorporation of " the Maryland society for the relief of sick and dis¬
abled Maryland soldiers and refugees," be referred to the committee
<5n military affairs, with instructions to report thereon.
Mr. Green presented the memorial of J. T. B. Dorsey, Robert
Oned and others, praying for the incorporation of the Maryland so¬
ciety for the relief of sick and disabled Maryland soldiers and refu¬
gees ; which was referred to the committee on military affairs.
On motion of Mr. Flood,
Resolved, that the committee on banks enquire into the expediency
of allowing savings banks to issue notes for sums less than one dollar*
for circulation as currency, to an amount not exceeding one-half their
respective capital, upon condition that the amount of such issues
shall be invested in state stock, obtained: from the state at par, and
deposited in the treasury for the redemption of such notes.
No. 51. An engrossed bill to authorize the transfer of certain bonds
of the state held in trust by the government of the United States for
certain Indian tribes, and providing for the payment of interest there¬
on, was taken up, on motion of Mr. Barbour, read a third time and
passed—Ayes 90.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F.T.Anderson, Baker, Barbour, Bass,
Bayse, Blue, Booten, Bradford, Brooks, Buford, Burks, Cazenove, Cecil, Clarke, J. J. Cole¬
man, Collier, Crockett, Custis, Dabney, Daniel, J. D. Davis, R. J. Davis, Dunn, Edmunds,
Evans, Ewing, Fleming, Fletcher, Flood, Forbes, Franklin, Friend, Garrison, Gatevvood,
George, Gillespie, Gilmer, Grattan, Green, Harrison, Hunter, Huntt, Ivby, James, Johnson,
Jones, Jordan, Kaufman, Kyle, Lively, Lundy, Lynn, Mallory, Mathews, McCamant, A.
W. McDonald, I. E. McDonald, McKinney, McLaughlin, Montague, Murdaugh, Newton,
Orgain, Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Robinson^ Ruther-
foord, P. Saunders, Shannon, Sheffey, Sherrard, Small, Staples, Steger, Tate, Taylor,
Thomas, Thrash, Tomlin, Treadway, Vermillion, Walker, Ward, West, Williams, J. L.Wil¬
son, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Worsham and Wright—90.
Ordered, that Mr. Barbour carry the same to the senate, and re¬
quest their concurrence.
The Speaker announced the following committee under a resolu-
108
journal of the
tion adopted on yesterday in relation to tlie prevention of tlie escape
of slaves to the public enemy : Messrs. Woodhouse, Baker, Wilson of
Isle of Wight, Murdaugh and Collier.
No. 4S. A bill to organize the state troops and volunteers of Vir¬
ginia, being the special order of the day, with the pending amend¬
ment thereto, providing for filling vacancies by promotion instead of
election, except in the lowest grade of lieutenant, was taken up.
•On motion of Mr. Saunders of Campbell,
Resolved, that the house resolve itself in secret session.
The hall was then cleared of all persons except the members and
officers of the house.
Pending the consideration of the amendment,
On motion of Mr. Cazenove, the. house adjourned until Monday,
12 o'clock.
MONDAY, January 27, 1862.
Prayer by Rev. Mr. Peterkin of the Episcopal church.
Mr. McCamant, from the committee of propositions and grievances)
presented the following bill:
No. 67. A bill to amend an act entitled an act amending the
charter of the town of Danville, passed March 4th, 1854, and incor¬
porating into one the subsequent acts amendatory thereof, which
subsequently, on motion of Mr. Buford, was read a first time, and
(two-thirds concurring) was read a second time, and ordered to be
engrossed and read a third time.
Mr. McCamant, from the same committee, to whom had been re¬
committed
No. 46. A bill declaring a portion of South Anna river in the
county of Hanover a lawful fence, reported the same to the house,
with a recommendation that it do not pass.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 68. A bill authorizing the auditing board to allow certain
claims not already provided for by law; which, on his motion, was
read a first time, and ordered to be read a seeond time.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing bill:
No. 69. A bill to provide for the assumption and payment of the
Confederate States war tax; which, on his "motion, was read a first
time, and (two-thirds concurring) read a second time, and ordered to
be engrossed and read a third time.
Mr. Evans, from the special committee upon the subject of dis¬
loyal officers in the judicial department of the commonwealth, pre¬
sented a report; which, on his motion, was laid on the table and
ordered to be printed. Doc. No. 52.
HOUSE OF DELEGATES.
109
On motion of Mr. Murdaugh,
Resolved, that the committee on propositions and grievances be
instructed to enquire into the expediency of authorizing the city of
Portsmouth to purchase and hold a certain amount of stock in the
Seaboard and Roanoke rail road company, and with power and au¬
thority to issue the bonds of said city to an amount at least equal to
that of the purchase money paid therefor.
On motion of Mr. Thrash,
Resolved, that the committee on agriculture and manufactures be
instructed to enquire into the expediency of incorporating the West
fork iron manufacturing company in the county of Floyd.
Mr. Pitman presented the petition of sundry citizens of Shenan¬
doah, praying the prohibition by law of the distillation of grain into
spirituous liquors, until after the war; which was ordered to be re¬
ferred to the committee on finance.
On motion of Mr. Grattan,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to doctors of medicine serving as privates in the
army license taxes paid by them.
On motion of Mr. Steger,
Resolved, that the committee of finance enquire into the expe¬
diency of refunding to Haskins & Libby, and Charles E. Whitlock,
administrator of Richard Whitlock deceased, certain taxes improperly
assessed and paid by them.
No. 50. A bill for the relief of John Avis, late jailor of Jefferson
county, was taken up, on motion of Mr. Kaufman, read a first time,
and (two-thirds concurring) was read a second timcjyand. ordered to
be engrossed and read a third time.
No. 58. An engrossed bill to incorporate the Planters insurance
company of Petersburg, was taken up, on motion of Mr. Collier,
read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Burks presented the petition«of Thomas W. Davis and others,
volunteers of Virginia in service of the Confederate States, protest¬
ing against the passage of a certain bill for the organization of the
military forces of the state, &c. ; which was read, and on motion of
Mr. Burks, referred to the committee on military affairs and ordered
to be printed. Doc. No- 53.
The following resolution, heretofore submitted by Mr. Thrash,
was taken up on his motion:
Resolved, that the Speaker vacate the chair this evening at
3 o'clock, and resume it at 7£ o'clock, and so on from day to day,
until the bill to organize the state troops and volunteers be finally
disposed of.
And the question being on agreeing thereto, was put, and deeided
in the affirmative—Ayes 96, noes 10.
On motion of Mr. Collier, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Bass, Bayse,
Blue, Booten, Bouldin, Brooks, Buford, BurkSji Carpenter, Cazenove, Cecil, Clarke, J. J.
110
JOURNAL OF TIIE
Coleman, Collier, Crockett, Custis, Daliiioy, Daniel, ,T. T>. Davis, R. ,T. Davis, Dunn, Ei7.
muiuls, Evans, Ewinfj, Fleming, Fletcher, Flood, Forbes, Franklin, Friend, (latewood,
George, Gillespie, Gilmer, Grattan, Green, Harrison, Hopkins, Hunter, lluntt, lrby, ,lames,
Johnson, Joi\lan, Kaufman, Kvle, Laidley. Lnmly, Lynn, Mallory, Mathervs, MVCninanl,
I. E. McDonald, McGruder, McKinney, MeLangiilin, Montague, Murdar igli, No vvton, No-
land, Orgain, Pitman, Prince, Real, Richardson, Robertson, Rowan, Kutherfoonl, 1'.
Saunders, li. C. Saunders, Shannon, Sherrard, Spady, Staples, Steger, Taylor, Thrash, Toin-
lin, Treadway, Yennillion, Walker, Ward, West, "Williams, S. Wilson, WoodhousP, Wood¬
son, Woolfolk, Wootten, Worsham, Wright and Wynne—9(1.
Noes—Messrs. Barbour, Bradford, Garrison, Jones, A. W. McDonald, Kkldick, Robin¬
son, Small, Tate and J. L. Wilson—10.
Mr. Anderson of Botetourt submitted the following resolution:
Resolved, that after the debate on the pending amendment to the
bill for organizing the state troops and volunteers shall be closed,
the members shall be limited to ten minutes upon all other amend¬
ments to said bill, except the substitutes which shall be offered to
the same.
Mr. Harrison objected to the consideration of the resolution.
Mr. Anderson moved a suspension of the rule, with a view to
consider the resolution; and the question being on agreeing thereto,
was put, and decided in the affirmative.
The question recurring upon the adoption of the resolution, was
put, and decided in the affirmative.
A message was received from the senate by Mr. Brannon, who
informed the house of delegates that the senate had passed house bill
entitled an act to authorize the transfer of certain bonds of the state
held in trust by the government of the United States for certain
Indian tribes, and providing for the payment of interest thereon.
The Speaker announced that the hour had arrived for the con¬
sideration of the special order of the day, viz:
No. 48. A bill to organize the st^ate troops and volunteers of
Virginia, and under the resolution of Saturday last, directed tlie
sergeant at arms to clear the galleries and privileged seats.
Mr. Buford moved to rescind the resolution providing for secret
sessions; and the question being on agreeing thereto, was put, and
decided in the negative.
The order of the day was then taken up ; and the question being
on agreeing to the amendment heretofore submitted by Mr. Ander¬
son of Botetourt, providing for filling vacancies by promotion instead
of election, except in the office of lieutenant of the lowest grade.
• Pending the consideration of which,
The hour of 3 o'clock having arrived, the chair was vacated until
7 o'clock.
EVENING SESSION.
The house resumed the consideration of the special order of the
day, viz:
No. 48. A bill to organize the state troops and volunteers of Vir¬
ginia, with the pending amendment thereto, submitted by Mr. An¬
derson of Botetourt, providing* for filling vacancies by promotion
HOUSE OP DELEGATES.
Ill
instead of election, except in the office of lieutenant of the lowest
grade; and the question.being on agreeing to the amendment,
Mr. Mallory demanded the previous question, which was sustained
by the house; and being put, was decided in the negative—Ayes 11,
noes 82.
On motion of Mr. Collier, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Burks, J. J. Coleman, Evans, Friend,
Hunter, Noland, Rutlierfoord, Spady and Wootten—11.
Noes—Messrs. Baker, Bass, Bayse, Blue, Boo ten, Bouldin, Bradford, Brooks, Buford,
Carpenter, Cazenove, Cecil, Clarke, Collier, Crockett, Custis, Dabney, Daniel, J. D. Davis,
Dunn, Edmunds, Eggleston, Ewing, Fleming, Fletcher, Flood, Forbes, Franklin, Gate-
wood, George, Gilmer, Grattan, Green, Harrison, Hopkins, Huntt, Irby, James, Johnson,
Jones, Jordan, Kaufman, Kyle, Lively, Lundy, Lynn, Mallory, Mathews, McCamant, A.
W. MuDonald, McKinney, Montague, Murdaugh, Newton, Orgain, Pitman, Prince, Keid,
Richardson, Riddick, Rives, Robertson, Iiowaa, P. Saunders, Shannon, Skerrard, Sta¬
ples, Steger, Tate, Thomas, Thrash, Tomlin, Treadway, Vermillion, West, Williams, J. L.
Wilson, S. Wilson, Woodliouse, Woolfolk, Worsham and Wright—82.
On motion of Mr. Cazenove, the house adjourned until to¬
morrow, 12 o'clock.
TUESDAY, January 28, 1862.
Prayer by Rev. Mr. Peterkin of the Episcopal church.
A message from the senate, by their clerk, was read as follows:
In Senate, Jan. 27, 1862.
The senate have passed a bill entitled:
An act to compensate William H. Dulany, attorney for the com¬
monwealth for the circuit court of Fairfax, for his services for the
spring term 1861.
In which they respectfully request the concurrence of the house of
delegates.
No. 31. A senate bill entitled an act to compensate William H.
Dulany, attorney for the commonwealth for the circuit court of Fair¬
fax, for his services for the-spring term 1S61, was read a first and
second times, and referred to the committee on finance.
Mr. Blue, from the committee of privileges and elections, to
whom had been referred
No. 14. A senate bill entitled an act to amend the 5th secj^on of
chapter 13 of the Code, in relation to administering the oaths to be
taken by the members of the two houses of the general assembly,
reported the same without amendment.
Mr. Blue, from the same committee, presented the following bill:
No. 70. A bill changing the place of holding a separate election
in the county of Rockingham.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following report:
An adverse report as to the expediency of providing by law for
compensating the families of persons killed by wrongful act, neglect
or accident.
112
JOURNAL OF THE
Mr. Carpenter, from the committee of roads and internal naviga¬
tion, presented the following bill t
No. 71. A bill to incorporate the Virginia rolling mills company.
Mr. Laidley presented certain communications in reference to the
condition of tilings in Western Virginia, which were ordered to be
referred to the committee on military affairs.
The Speaker laid before the house a communication from the
governor of the commonwealth, enclosing a letter from the secretary
of war, and a printed letter prepared by the acting commissioner of
Indian affairs, in relation to certain- Indian trust funds held by the
government of the United States, consisting of bonds of the state of
Virginia, and of bonds guaranteed by the state; which were read,
and on motion of Mr. Grattan, referred to the committee on finance.
No. 69. An engrossed bill to provide for the assumption and pay¬
ment of the Confederate States war tax, was taken up, on motion of
Mr. Barbour, read a third time and passed—Ayes 97.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour, Buss,
Bayse, Blue, Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carpenter, Cazenovo, Cecil,
Clarke, J. J. Coleman, Collier, Crockett, Custis, Dabney, J. D. Davis, Dunn, Edmunds,
Eggleston, Evans, Ewing, Fleming, Flood, Forbes, Franklin, Friend, Garrison, Gatewbod,
George, Gilmer, Grattan, Green, Harrison, Hopkins, Hunter, Huntt, Irby, James, Johnson,
Jones, Jordan, Kaufman, Kyle, Lively, Lundy, Mallory, Matbews, McCamant, A. W. Mc¬
Donald, McKinney, Montague, Murdaugh, Newton, Noland, Organn, Payne, Prince, Eeid,
Kiddick, Rives, Rowan, Rutlierfoord, P. Saunders, R. C. Saunders, Shannon, Small, Slicr-
rard, Spady, Staples, Steger, Tate, Taylor, Thomas, Thrash, Tomlin, Tread way, Vcrinillioti,
Walker, Ward, West, Williams, J. L. Wilson,- S. Wilson, Woodliouse, Woodson, Woolfolk,
Wootten, Worsham and Wright—-97. ■ ■
Ordered, that Mr. Barbour carry the same to tlife senate, and re¬
quest their concurrence.
The hour having arrived for the consideration of the order of the
day,
No. 48. A bill to organize the state troops and volunteers of Vir¬
ginia, being the special order of the day, was taken up.
Mr. Rives submitted an amendment to the bill providing for the
appointment of a surgeon and assistant surgeon of a regiment by the
colonel thereof; and the question being on agreeing thereto, Mr.
Blue demanded the previous question ; which was sustained by the
house.
Mr. Rives demanded the ayes and noes upon the question of agree¬
ing to the amendment.
The Speaker announced that the demand for the ayes and noes
was not sustained; and from that decision of the chair, Mr. Rives
appealed; and the 'question being—Shall the decision of the chair
stand as the judgment of the house ? was put, and decided in the
affirmative.
The question recurring upon agreeing to the amendment proposed
by Mr. Rives, was put, and decided in the affirmative.
Mr. Woodson moved to suspend the rule, with the view of re¬
considering the vote by which the amendment was agreed to. Pend¬
ing the consideration whereof,
The hour of 3 o'clock having arrived, the chair was vacated until
7£ o'clock P. M.
HOUSE OP DELEGATES.
113
EVENING SESSION.
No. 48. A bill to organize the state troops and volunteers of Vir¬
ginia, being the special order of the day, was taken up.
The Speaker announced that when the hour of recess arrived, the
pending question was the motion submitted by Mr. Woodson to
suspend the rule, with a view to reconsider the vote adopting the
amendment authorizing the colonel of a regiment to appoint a sur¬
geon and assistant surgeon therefor.
And the question being on agreeing thereto, was put; and it ap¬
pearing that no quorum voted, Mr. McCamant moved a call of the
house; and the question being on agreeing thereto, was put, and de¬
cided in the negative.
. Mr. Tomlin moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative-^-Ayes 13,
noes 66.
On motion of Mr. Tomlin, the vote was recorded as follows :
Ayes—Messrs. Bradford, Carter, Grattan, Johnson, McCamant, McKinney, Riddick,.
Small, Sherrard, Tate, Thomas, Tomlin and J. L. Wilson—13.
Noes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Bass, Bayse,
Blue, Booten, Bouldin, Brooks, Buford, Burks, Carpenter, Cazenove, Cecil, J. J. Coleman,.
Collier,' Crockett, Custis, Dabney, Daniel, J. D. Davis, Dunn, Edmunds, Evans, Ewing,
Forbes, Gilmer, Green, Hopkins, Hunter, Huntt, Irby, James, Jones, Jordan, Kaufman,.
Kyle, Lively, Mallory, Mathews, A. W. McDonald, I. E. McDonald, McLaughlin, Monta¬
gue, Newton, Pitman, Prince, Rives, Rowan, Rutherfoord, P. Saunders, Staples, Steger,.
Thrash, Treadway, Vermillion, Walker, West, Williams, Woodliouse, Woodson, Woolfolk,
Wootten, Worsham and Wynne—66.
A quorum appearing, the question recurring upon the motion to
suspend the rule, was put, and decided in the affirmative.
The question being on agreeing to the amendment, Mr. Woodson
submitted the following amendment to the amendment:
" The field officers of the regiment, upon their organization for
service, shall appoint the regimental staff, to consist of one quarter¬
master, one quartermaster's qergeant, one commissary, one surgeon,
one assistant surgeon, one adjutant, and one sergeant major."
And the question being on agreeing thereto, Mr. Hunter demanded
the previous question, which was sustained by the house; .and being
put, was decided in the negative.
The question recurring upon the adoption of the amendment au¬
thorizing the colonel of a regiment to appoint a surgeon and assistant
surgeon ; and the question being on agreeing thereto, Mr. Green de¬
manded the previous question, which was sustained by the house;
and being put, was decided in the affirmative—Ayes 48, noes 43.
On motion of Mr. Collier, the vote was. recorded as follows:'
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Bass, Bayse, Brooks, Buford, Burks,
Collier, Daniel, J. D. Davis, Dunn, Ewing, Flood, Forbes, Franklin, Gatewood, Grattan,
Green, Harrison, Hopkins, Huntt, James, Johnson, Jordan, Kyle, Lively, Mathews, Mc¬
Camant, A. W. McDonald, I. E. McDonald, McKinney, McLaughlin, Montague, Murdaugh,
Pitman, Prince, Rives, Rowan, Shannon, Small, Sherrard, Tate, Treadway, Walker, Wood-
house, Woodson, Woolfolk and Worsham—48.
Noes—Messrs. Kemper (speaker), Baker, Blue, Booten, Bouldin, Bradford, Carpenter,
Carter, Cazenove, Cecil, J. J. Coleman, Crockett, Custis, Dabney, Edmunds, Evans, Gar¬
rison, Gilmer, Hunter, Irby, Jones, Kaufman, Lundy, Mallory, Newton, Nolaud, Riddick,
15
114
JOURNAL OF THE
Rutherfoord, P. Saundt rs, Spudy, Staple:-. Stcgcr, Thomas, Tln ash, Tomlin, Vermillion,
West, Williams, J. L. Wilson, S. Wilson, Wootten, Wright and Wynne—415.
Mr. McDonald of Hampshire submitted the following amendment
to the 6th section of the bill:
" Provided however, that the appointment of surgeon or assistant
surgeon shall be subject to the approval of any board which has
been or may be constituted by the confederate government to ex¬
amine into the qualifications of surgeons and assistant surgeons in
:the confederate service."
And the question being on agreeing thereto, Mr. Rives demanded
the previous question, which was sustained by the house; and being
put, was decided in the affirmative.
Mr. Murdaugh moved to suspend the rule, with a view to recon¬
sider the vote adopting the amendment; and the question being on
agreeing thereto, Mr. Bass demanded the previous question, which
was sustained by the house ; and being put, was decided in the ne¬
gative—Ayes 38, noes 52.
On motion of Mr. Collier, the vote was recorded as follows:
Aves—Messrs. J. T. Anderson, F. T. Anderson, Bayse, Brooks, Burks, Cecil, Collier,
'Daniel, J. D. Davis, Flood, Forbes, Grattan, Hopkins, James, Johnson, Jordan, Kyle,
Lively, Mathews, McCamant, I. E. McDonald, McLaughlin, Montague, Murdaugh, Pit¬
man, Prince, Rives, Rowan, Shannon, Small, Sherrard, Treadway, Walker, S. Wilson,
Woodson, Woolfolk, Wootten and Worsham—bS.
Noes—Messrs. Kemper (speaker), Baker, Bass, Blue, Booten, Bouldin, Bradford, Bu-
ford, Carpenter, Carter, Cazenovo, J. J. Coleman, Crockett, Custis, Dabney, Dunn, Ed¬
munds, Evans, Ewing, Franklin, Garrison, Gatewowd, Gilmer, Green, Harrison, lluntcr,
Huntt, Irby, Jones, Kaufman, Lundy, Mallory, A. W. McDonald, McKinney, Newton,
"Noland, Riddick, Rutherfoord, P. Saunders, Spady, Staples, Steger, '''ale. Thomas, Thrash,
Tomlin, Vermillion, West, Williams, J. L. Wilson, Wright and Wynne—fW.
Mr. Buford moved to amend the section further, by inserting after
the clause therein, giving to the colonel of a regiment the appoint-
unent of a surgeon and assistant surgeon, the following:
"But the appointment of surgeon and assistant surgeon shall be
made on the nomination of a majority of the captains of the regi¬
ment."
And the question being on agreeing thereto, Mr. Green demanded
the previous question, which was sustained by the house ; and being
put, was decided in the affirmative.
The bill was then further amended; and pending the further con¬
sideration thereof,
On motion of Mr. Johnson, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
115
WEDNESDAY, January 29, 1862.
Trayer by Rev. Mr. Peterkin of the Episcopal church.
A communication from the senate, by their clerk? was read as
follows:
In Senate, Jan. 28, 1S62.
The senate have passed house bills entitled:
An act to incorporate the Catharine furnace company in the
county of Spotsylvania, No. 49.
An act for the relief of John S. Currell, James W. Gresham ad¬
ministrator of George W. Flowers, and William N. Kirk, No. 15.
. And they have agreed to the amendments proposed by the house
of delegates to senate bill entitled:
An act 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 commonwealth,.
No. 13.
Mr. Barbour, from the committee on finance, to whom had been
referred
No. 30. A senate bill entitled an act for the relief of John R.
Cunningham, administrator of Newton Cunningham, late sheriff of
Prince Edward county, reported the same vvitlfout amendment.
Mr. Anderson, from the committee on- military affairs, to whom
had been referred
No. 3. A senate bill entitled an act to authorize county and cor¬
poration courts to certify insolvent muster fines in certain cases,
reported the same without amendment.
Mr. Anderson, from the same committee, presented the following
bills:
No. 72. A bill authorizing payments for clothing, &c. furnished
the militia of Roanoke.
No. 73. A bill to authorize the organization of ten companies of
rangers ; which said bill was read a first time, and 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. 63. A bill for the relief of Levi Johnson.
No. 72. A bill authorizing payments for clothing, &c. furnished
the militia of Roanoke. •
The following bills were read a first time, and two-thirds concur¬
ring, a second time, and ordered to be engrossed and read a third
time.
No. 57. A bill incorporating the Mutual life insurance company.
No. 66. A bill compensating Peter P. Penn for the loss of his
slave Albert.
On motion of Mr. West,
Resolved, that the committee on finance enquire into the expe¬
diency of allowing the sheriffs of the commonwealth further time
116
JOURNAL OF THE
than that now allowed by law, to pay the portion of the revenue
due from them in March next.
On motion of Mr. Hunter,
Resolved, that the committee on finance be directed to enquire
into the expediency of reporting bill 234 of last session, for the re¬
lief of Samuel Stone, commissioner of the revenue of Jefferson
county.
On motion of Mr. Blue,
Resolved, that the committee on military affairs enquire into the
expediency of so arranging and filling up companies and regiments
in the militia service of the state, as to prevent the enormous ex¬
pense now incurred by having parts of companies and regiments in
the service, with full and complete staff officers, quartermasters,
&c., in full pay, when in fact some of the regiments thus officered
do not constitute a full company.
On motion of Mr. Gatewood,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill for the relief of the sureties of James
H. Smoot, deputy sheriff of Shenandoah county.
On motion of Mr. Spady,
Resolved, that the committee of claims enquire into the expe¬
diency of allowing to William T. Fitchett the sum of fifty dollars
for services rendered ^s commonwealth's attorney for the county of
Northampton.
On motion of Mr. Buford,
Resolved, that the committee of claims enquire into the expe¬
diency of making compensation to Samuel S. Bryant, for certain
services as attorney, rendered at the instance of the hustings court
of Danville.
On motion of Mr.-CusTis,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to Marion Colbert the sum of forty-eight dollars
paid by him to the sheriff of Elizabeth City county as license tax.
On motion of Mr. Green,
Resolved, that the committee oh finance enquire into the expe¬
diency of refunding to Patrick McGraw forty dollars and fifty cents,
his license to retail ardent spirits, the same being revoked by military
; authority.
•On motion of Mr, McLaughlin,
Resolved, that the committee on military affairs be instructed to
• enquire into the expediency of constructing a military road from
;Marlin's Bottom in Pocahontas county by Webster courthouse, to
"intersect the Weston and Gauley bridge turnpike, at the salt works
:in Braxton county.
Gn motion of Mr. Anderson of Rockbridge, the report of the
'joint committee appointed to correspond with the lessees of the salt
•works, was taken up, and made the order of the day for Thursday
tthe 7th of February, at 1 o'clock.
A message was received from the senate by Mr. Douglas, who in¬
formed the house of delegates that the senate had passed a bill en-
HOUSE OF DELEGATES.
117
titled an act to raise and organize Virginia's quota of the confederate
army: in which they respectfully request the concurrence of the
house of delegates.
The hour having arrived for the consideration of the order of the
day, _ .
No. 48. A bill to organize the state troops and volunteers of Vir¬
ginia, being the special order of the day, was taken up in secret
session.
Mr. Collier moved to strike out the sixth section of the bill;
and the question being on agreeing thereto, was put, and decided in
the negative—Ayes 43, noes 59.
On motion of Mr. Collier, the vote was recorded as follows :
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Barbour, Bayse, Buford, Burks,
Collier, Daniel, J. D. Davis, Fletcher, Forbes, Franklin, Gillespie, Grattan, Green, Hopkins,
James, Johnson, Jordan, Lively, Mathews, McCamant, A". W. McDonald, Murdaugh, R.
E. Nelson, Pitman, Prince, Richardson, Rives, Rowan, R. C. Saunders, Shannon, Small,
Sherrard, Tate, Treadway, Vermillion, Walker, Woodhouse, Woodson, Woolfolk and Wor-
sham—43.
Noes—Messrs. Kemper (speaker), Bass, Blue, Booten, Bouldin, Bradford, Cecil, Clarke,
J. J. Coleman, Crockett, Dabney, Dunn, Edmunds, Eggleston, Evans, Ewing, Fleming,
Flood, Friend, Garrison, Gatewood, George, Gilmer, Harrison, Hunter, Huntt, Irby, Jones,
Kaufman, Kyle, Lockridge, Lundy, Mallory, I. E. McDonald, McKinney, McLaughlin,
Montague, Newton, Noland, Orgain, Payne, Reid, Riddick, Robertson, Rutherfoord, P.
Saunders, Spady, Staples, Steger, Thomas, Thrash, Tomlin, Ward, West, Williams, J. L.
Wilson, S. Wilson, Wootten and Wright—59.
Mr. Green submitted an amendment to the bill. Pending the
consideration of wffiich, .
Mr. Barbour moved to lay the bill and pending amendment on
the table ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
Mr. Barbour moved to take up and consider
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army; and the question being on
agreeing thereto, was put, and decided in the affirmative.
The bill was then read a first and second times ; and the question
being—Shall the bill be committed or read a third, time ? Mr. Bar¬
bour moved that the further consideration of the bill be postponed
until 7£ o'clock this evening.
Mr. Barbour submitted the following preamble and resolution:
The general assembly, appreciating the eminent military services
of Gen. Joseph E. Johnston in the present war, desire to offer to him
some public recognition of his well earned claim upon the regard
and affection of his native state: Therefore,
Resolved by the general assembly, that the board of visitors of
the Virginia military institute shall admit, in all respects as state
cadets, any two young men who may be nominated to them by Gen.
Johnston ; and whenever a vacancy shall occur in either of said ap¬
pointments, the same shall be filled in like manner, upon the nomi¬
nation of Gen. Johnston.
Objection being made to the consideration of the preamble and
resolution, Mr. Barbour moved a suspension of the rule; and the
question being on agreeing thereto, was put, and decided in the
affirmative.
118
JOURNAL OF THE
The question being on agreeing to the resolution,
The hour of 3 o'clock having arrived, the chair was vacated until
74 o'clock P. M.
EVENING- SESSION.
The preamble and resolution expressing the appreciation of the
general assembly of the military services of Gen. Joseph E. Johnston
during the present war, submitted by Mr. Barbour, was taken up;
and the question being on agreeing thereto, Mr. Barbour demanded
the previous question, which was sustained by the house ; uniTbeing
put, was decided in the affirmative—Ayes 97, noes 2.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Baskervill, Bass, Bayse, 'Blue, Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carter,
Cazenove, Cecil, J. J. Coleman, Crockett, Custis, Dabney, Daniel, J. D. Davis, Dunn, Ed¬
munds, Eggleston, Evans, Ewing, Fleming, P^lood, Forbes, Franklin, Friend, Garrison,
Gatowood, George, Gillespie, Gilmer, Gordon, Grattan, Harrison, Hopkins, Hunter, Iluntt,
Irby, James, Jobuson, Jones, Jordan, Kaufman. Kyle, Lively, Lockridge, Lundy, Mal-
lory, Mathews, MeCamant, A. W. McDonald, i. E. McDonald, McKinney, Montague,
Murdaugk, R. E. Nelson, Newton, Noland, Pitman, Prince, Keid, Itiddick, Rives, Robert¬
son, Rowan, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Sherrard, Staples,
Steger, Tate, Thomas, Thrash, Tomlin, Treadway, Vermillion, Walker, Ward, West, Wil¬
liams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Worsham and Wynne—97.
Noes—Messrs. Green and Wootten—2.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Worsham, the house adjourned until to-morrow,
12 o'clock.
THURSDAY, January 30, 1S62.
Prayer by Rev. Mr. Dasfiiel of the Episcopal church.
A communication from the senate, by they- clerk, was read as
follows:
In Senate, Jan. 29, 1802.
The senate have passed a bill entitled :
An act authorizing the commissioner of the revenue for. the south¬
ern district of Halifax county to issue a license to David Apt as a
hawker and peddler in said county, No. 33.
In which they respectfully request the concurrence of the house
of delegates.
No. 33. A senate bill entitled an act authorizing the commissioner
of the revenue for the southern district of Halifax county to issue a
license to David Apt as a hawker and peddler in said county ; which
was read a first and second times, and on motion of Mr. Edmunds,
read a third time and passed.
HOUSE OF DELEGATES.
119
Mr. Barbour, from the committee on finance, to whom had been
referred
No. 31. A senate bill to compensate William H. Dulaney, attorney
for the commonwealth for the circuit court of Fairfax county, for
his services for the spring term 1SG1, reported the same without
amendment.
Mr. Barbour, from the same committee, presented the following
bills:
No. 74. A bill providing for the collection of the arrears of taxes.
No. 75. A bill making an appropriation to the civil contingent
fund; which last bill was read a first time, and two-thirds concur¬
ring, was read a second time, and ordered to be engrossed and read a
third time.
Mr. Barbour, from the same committee, presented an adverse re¬
port to the petition of John H. Allen, praying that certain fines and
damages paid by him as sheriff of Lee county, and by his securities,
be refunded to him and them.
No. 66. An engrossed bill compensating Peter P. Penn for the
loss of his slave Albert, was taken up, on motion of Mr. Wootten,
read a third time and passed—Ayes 88, noes 7.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Barbour, Baskervill, Bass, Booten,
Bradford, Buford, Burks, Cazenove, Cecil, J. J. Coleman, Collier, Crockett, Dabney, Daniel,
J. D. Davis, Dunn, Edmunds, Evans, Fleming, Forbes, Franklin, Friend, Garrison, Gate-
wood, George, Gillespie, Gilmer, Gordon, Green, Harrison, Hopkins, Hunter, Huntt, Irby,
James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Lockridge, Mathews,
McCamant, A. W. McDonald, I. E. McDonald, McKinney, McLaughlin, Montague, Mur-
daugh, R. E. Nelson, Newton, Noland, Orgain, Payne, Pitman, Prince, Reid, Richardson,
Riddick, Rives, Robertson, Robinson, Rutherfoord, P. Saunders, Shannon, Small, Sher-
rard, Spady, Staples, Steger, Thomas, Thrash, Treadway, Walker, Ward, West, Williams,
Woodhouse, Woodson, Woolfolk, Wootten, Worsham and Wright—88.
Noes—Messrs. Eggleston, Lundy, Mallory,' R. C. Saunders, Tate, Vermillion and
J. L. Wilson—7.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Buford submitted the following joint resolution :
Kesolved, that the general assembly remembers with pride and
gratitude, the invaluable services to Virginia, of General G. T. Beau¬
regard, in- the most perilous period of her recent history; and hav¬
ing learned that he is soon to be transferred to a distant field, the
general assembly regard it a grateful duty to tender to him this pub¬
lic assurance of the exalted estimate in which the-people of Virginia
will ever hold his heroic devotion, through the campaign of 1861, to
the protection of Virginia, and her sister Confederate States.
And the questton being on agreeing thereto, Mr. McCamant de¬
manded the previous question; which was sustained by the house,
and being put, was decided unanimously in the affirmative.
- Ordered, that the clerk communicate the same to .the senate, and
request their concurrence.
No. 19. A.senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, was taken up in secret session,
and read a- second time.
120
JOURNAL OF TIIE
Mrt Tomlin moved to amend the bill, by striking ont the entire
bill, and inserting a bill submitted by himself by way of substitute.
Pending the consideration of which,
The hour of recess having arrived, the chair was vacated until 7£
o'clock P. M.
EVENING SESSION.
No. 3. A senate bill entitled an act to authorize county and cor¬
poration courts to certify insolvent muster fines in certain cases, was
taken up, on motion of Mr. Jones, and read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the pending substitute
thereto, submitted by Mr. Tomlin, was taken up.
On motion of Mr. Robinson,
Resolved, that the debate upon the substitute under consideration
be limited to ten minutes to each member who may desire to speak
thereon.
Mr. Hunter Submitted an amendment to the 2d section of the
substitute, providing that when the question is asked of the volun¬
teer whether he will enlist or not, the commanding officer shall also
make his own election whethe.r to re-enlist or not; and the question
being on agreeing thereto, was put, and decided in the negative—
Ayes 29, noes 55.
On motion of Mr. Tomlin, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, Baskervill, Bass, Brooks, Buford, Cecil, Collier, Dabney,
Flood, Franklin, Green, Hunter, Kaufman, Kyle, Lockridge, McLaughlin, Montague, Pitman,
Prince, Rives, Rowan, Shannon, Sherrard, Staples, Thrash, Walker, Ward, J. L. Wilson
and Wootten—29.
Noes—Messrs. Kemper (speaker), Bayse, Blue, Booten, Bouldin, Bradford, Carter,
Cazenove, J. J. Coleman, Custis, Edmunds, Eggleston, Evans, Fleming, Friend, Gate-
wood, Gilmer, Gordon, Harrison, Hopkins, Huntt, Irby, James, Johnson, Jones, Jordan,
Lively, Mathews, McCamant, A. W. McDonald, I. E. McDonald, McKinuey, Murdaugh,
R. E. Nelson, Newton, Noland, Orgain, Richardson, Rutherfoord, P. Saunders, R. C.
Saunders, Spady, Steger, Tate, Thomas, Tomlin, Treadway, West, Williams, S. Wilson,
Woodhouse, Woodson, Woolfolk, Wo.rsham and Wright—55.
On motion of Mr. Jones, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, January 31, 1862.
Prayer by Rev. Mr. Peterkin of the Episcopal church.
Mr. Anderson, from the committee on military affairs, presented
the following resolution:
Resolved by the general assembly, that the senators from Virginia
in the congress of the Confederate States be instructed, and the
members of the house of representatives be requested to use their
HOUSE OF DELEGATES.
121
influence to procure the passage of a. law to increase the pay of the
non-commissioned officers and privates of the confederate army four
dolhas per month during the existing war.
And 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.
Mr. Anderson, from the same committee, presented a report ask¬
ing that the committee on military affairs be discharged from the
further consideration of a resolution of enquiry as to what depart¬
ments and officers connected with the military organization of this
commonwealth, may be advantageously dispensed with, and that the
same be referred to the joint committee upon the reduction of ex¬
penditures in the civil and military departments; -which was con¬
curred in.
Mr. Montague, from the committee to examine the penitentiary,
presented the following bills :
No. 76. A bill requiring the penitentiary store keeper to make
quarterly reports to the board of visitors.
No. 77. A bill to- remove lunatics confined in the penitentiary to
the lunatic asylums.
Mr. Woodhouse, from the special committee in relation to the
prevention of the escape of slaves, presented the following bill;
which, on his motion, was read a first time, and ordered to be read a
second time:
No. 78. A bill to organize companies for special service.
Mr. Johnson, from the joint committee to examine the first audi¬
tor's office, presented a report.
Mr. Bass presented the petition of the stockholders and directors
of the Roanoke savings bank and sundry citizens, praying that said
bank be allowed the privilege of purchasing new state stock as a
basis for issuing small notes, and to allow said bank to issue upon
that basis; which was ordered to be referredrto the committee on
banks.
Mr. Taylor presented the petition of 0. F. Chisholm, praying to
be refunded a license tax; which was ordered to be referred to the
committee on finance.
On motion of Mr. George,
Resolved, that the committee on military affairs enquire into the
expediency of reorganizing the 17th and 28th brigades of the Virginia
militia.
Mr. Custis presented the petition of E. Cooper, praying compen¬
sation as clerk of a court of enquiry; which was ordered to be re¬
ferred to the committee on military affairs.
On motion of Mr. McCamant,
Resolved, that the committee for courts of justice enquire into the
expediency of re-enacting the act of October 1777, concerning en¬
grossers, regraters and forestallers, or so much thereof as may be ap¬
plicable to the present state of the country.
16
122
JOURNAL OF THE
On motion of Mr. Harrison,
Resolved, that the committee for courts of justice be directed to
enquire into the expediency of increasing the fees now allowed by
law to commissioners in chancery.
Mr. Robertson presented the petition of Wm. B. Isaacs and others,
praying the incorporation of the Bank of Commerce of the city of
Richmond; which was ordered to be referred to the committee on
banks.
On motion of Mr. Rowan,
Resolved, that the committee on military affairs enquire into the
expediency of compensating privates in the 19th brigade Virginia
militia, for clothing not allowed them when paid for their services.
On motion of Mr. Harrison,
Resolved, that leave be given to withdraw from the files of the
extra session of this house, the petition of certain officers and pri¬
vates df the 57th regiment of Virginia militia, asking compensation
for certain companies of said regiment, for services rendered by them
during the John Brown raid, and that the same be referred to the
committee on military affairs.
No. 64. An engrossed bill to constitute a corps more effectually to
collect the arms of the state and Confederate States not in actual
service, was taken up, on motion of Mr. Prince, and on motion of
Mr. Anderson of Botetourt, laid on the table.
On motion of Mr. Woolfolk,
Whereas it has been represented to the legislature of Virginia,
that by the indiscreet distilling of grain into liquors in various por¬
tions of this state, great distress is caused to the families of volun¬
teers and others, by the scarcity of grain: Therefore,
Be it resolved, that the committee on agriculture and manufactures
enquire into the expediency of reporting a bill allowing the county
and corporation courts to tax or prohibit the distilling of grain in
their respective counties and corporations.
Mr. Woodson submitted the following resolutions:
Resolved, that the various bills for the reorganization of the mi¬
litia, with the various substitutes thereto, be referred to a joint com¬
mittee of the house and senate, with instructions to report a bill at
the earliest practicable period.
Resolved, that the presiding officers of the respective houses be re¬
quested to place upon said committee the chairmen of the respective
military committees in each house, the authors of the substitutes to
the militia bill now pending, and such other gentlemen as the pre¬
siding officers may deem proper.
And the question being on agreeing thereto, the Speaker an¬
nounced that the hour had arrived for the consideration of the order
of the day ; which was
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the pending substitute
submitted thereto by Mr. Tomlin.
The order of the day was taken up.
HOUSE OF DELEGATES.
123
Mr. Bouldin moved to amend the 2d section of the substitute
submitted by Mr. Tomlin, by striking out the entire section, and
inserting in lieu thereof the following :
"Immediately after the passage of this act, the governor shall
require the commandants of the several regiments, battalions and .
detachments of Virginia volunteers to cause complete rolls of the
several companies now in service to be made out and returned forth¬
with to the adjutant general of the state, designating the name, age
and residence of each volunteer, "the time when his term of service
expires, and the company and regiment to which he belongs; and
thereupon the governor shall cause the adjutant general, .without
delay, to draft,- by lot, in just proportions, to constitute the entire
military force in active service, from the militia of the several coun¬
ties, cities and towns in which the companies aforesaid respectively
volunteered, a number of men sufficient to raise each company now
in service to a minimum number of one hundred, or a maximum
number of one hundred and twenty men, rank and file, as may be
required by the commandants of the several regiments aforesaid:
such commandants to make such requisition at the time the company
rolls shall be returned as aforesaid. But if any such county, city or
town shall have already furnished its ratable proportion of'men, or
shall be in possession of the enemy, then the draft hereby authorized
may be made in fair proportions as aforesaid, from the most conve¬
nient counties, cities or towns which may not have furnished their
full quota of men. The men drafted under this and the succeeding
section, shall, as soon as drafted, be ordered- by the governor to re¬
port themselves immediately to the officers commanding the respec¬
tive companies, for the completion of which they may be drafted,
and shall be mustered into service for a term of two years, unless
sooner discharged."
And the question being on agreeing thereto, Mr. Wilson of Isle
of Wight moved to lay the bill and substitute, with the pending
amendment, on the table; and the question being on agreeing
thereto, Mr. Bass demanded the previous question, which was sus¬
tained by the house; and being put, was decided in the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Bouldin, Mr. Wilson of Isle of Wight demanded the previous
question, which was sustained by the house ; and being put, was
decided in the affirmative—Ayes 69,.noes 19.
On motion of Mr. Rives, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Barbour, Baskervill, Bass;
Bouldin, Bradford, Brooks, Burks, Carpenter, Cazenove,- Cecil, J. J. Coleman, Custis, Dab-
ney, Daniel, J. D. Davis, R. J. Davis, Edmunds, Fletcher, Flood, George, Gillespie, Gil¬
mer, Gordon, Grattan, Green, Harrison, Hopkins, Hunter, Huntt, Irby, Jordan, Kaufman,
Kyle, Lundy, MeCamant, A. W. McDonald, I. E. McDonald, MeKinney, McLaughlin,
Montague, R. E. Nelson, Orgain, Payne, Pitman, Reid, Richardson, Robertson, Robinson,
Rowan, Rutherfoord, P. Saunders, R. C. Saunders, Small, Sherrard, Spady, Staples, Steger,
Taylor, Thomas, Thrash, Walker, Ward, West, Williams, S. M.Wilson and Woodhouse—69.
Noes Messrs. Bayse, Buford, Collier, Crockett, Fleming, Franklin, Gatewood, James,
Johnson, Jones, Lively, Murdaugh, Newton, Rives, Shannon, Tate, Tomlin, J. L. Wilson,
and Woolfolk—19.
124
JOURNAL OF TIIE
Mr. Bouldin moved further to amend the substitute, by inserting
after the 2d section an independent section ; and the question being
on agreeing thereto,
The hour of 3 o'clock having arrived, the chair was vacated until
7 J o'clock P. M.
EVENING SESSION.
On motion of Mr. Lockridge,
Resolved, that the committee of roads and internal navigation
enquire into the expediency of making an appropriation for the
repair of the Huntersville and Warm springs turnpike, with a view
to the transportation over it of army supplies.
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the substitute submitted
thereto b}r Mr. Tomlin, being the special order of the day, with the
pending amendment to the substitute, submitted by Mr. Bouldin,
was taken up.
Mr. Anderson of Botetourt moved a division of the question upon
the amendment; and the question being on agreeing thereto, was
put, and decided in the affirmative.
Mr. McCamant moved a suspension of the rule, with a view to
reconsider the vote by which the house ordered a division of the
question ; and the question being on agreeing thereto, was put; and
it appearing that no quorum voted,
On motion of Mr. Orgain, the house adjourned until to-morrow,
12 o'clock.
SATURDAY, February 1, 1862.
Prayer by Rev. Mr. Peterkin of the Episcopal church,
A communication from the senate, by their clerk, was read as
follows:
In Senate, Jan. 31, 1802.
The senate have passed house bill entitled.
An act to incorporate-the Planters insurance company of Peters¬
burg, No. 5S.
And they have passed with amendments house bill entitled:
An act to authorize a connection between the Richmond, Frede¬
ricksburg and Potomac rail road and the Richmond and Petersburg
rail road in Richmond, and between the Richmond and Petersburg
rail road and Petersburg rail road in Petersburg, No. 7.
They have agreed to a joint resolution concerning prisoners held
at Wheeling.
They have passed a bill to take the sense of the people on certain
HOUSE OF DELEGATES.
125
/ordinances of the convention which assembled at the capitol in the
city of Richmond on the 13th day of February 1861.
In which amendments, resolution and bill they respectfully re¬
quest the concurrence of the house of delegates.
The amendments proposed by the senate to house bill entitled:
No. 7.. An act to authorize a connection between the Richmond,
Fredericksburg and Potomac rail road and the Richmond and Peters¬
burg rail road in Richmond, and the Richmond and Petersburg and
Petersburg rail road in Petersburg, were concurred in.
Ordered, that the clerk inform the senate thereof.
A joint resolution communicated from the senate concerning pri¬
soners held at Wheeling, was- concurred in.
Ordered, that the clerk inform the senate thereof.
No. 37. A senate bill entitled an act to take the sense of the peo¬
ple on certain ordinances of the convention which assembled at the
capitol in the city of Richmond on the 13th day of February 1861,
was read a first and second times, and referred to the committee for
courts of justice.
Mr. Newton, from the committee on finance, presented an adverse
report to a resolution as to the expediency of refunding to Marion
Colburt $ 48, paid by him to the sheriff of Elizabeth City county as
license tax.
On motion of Mr. Collier,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of incorporating the Petersburg iron works.
On motion of Mr. Hunter, '
Resolved, that after this day, and until the bill for the reorganiza¬
tion of the military forces of Virginia shall have been disposed of,
the morning hour of meeting of the house shall be 11 o'clock.
On motion of Mr. Mathews,
Resolved, that the committee on finance enquire into the expedi¬
ency of correcting the assessment of two tracts of land in Greenbrier
county in the name of James C. Polluck, and of relieving him from
the payment of the taxes under the present assessment.
Mr. Hunter submitted the following resolution:
Resolved, that the house will at once proeeed to consider and de¬
termine definitively which of the plans for organizing the military
forces of Virginia shall form the basis or outline of a bill to be passed
by this house ; and the question being on agreeing thereto, was*, put*
and decided in the negative.
No. 18. A senate bill entitled an act authorizing the judge of the
court of hustings of the city of Richmond to grant a new trial in the
case of the commonwealth against Edward Kersey and Hammett A.
Pearce, was taken up, on motion of Mr. Steger, read a third time
and passed.
Ordered, that the clerk inform the senate thereof.
No. 75, An engrossed bill making an appropriation to the civil
contingent fund, was taken up, on motion of'Mr. Barbour, read a
third time and passed—Ayes 82.
126
JOURNAL OF TITE
Ayes—Messrs. Kemper (speaker),. J. T. Anderson, Baker, Barbour, Buss. Bay.se, Blue,
Bouldin, Bradford, Buford, Burks, (Juzeiiovc, Cecil, Clarke, J. ,T. Coleumu, Collier, Crock¬
ett, Custis, J. I). Davis, R. J. Davis, Edmunds, E^glcstou, Evans, Fleming, Fletcher,
Flood, Friend, Gatewood, Gillespie, Gilmer, Gordon, Green, Harrison, Hopkins, Iluntcr,
Johnson, Jordan, Kaufman, Kyle, Lively, Loekridgo, Lundv, Mathews, SleCanmnt, A. W.
McDonald, I. E. McDonald, McLaughlin, Montague, Murdaugh, R. E. Kelson, Newton,
Orgain, Payne, Pitman,-Reid, Rives, Robertson, Robinson, Rutherfoord, P. Saunders, 1{.
C. Saunders, Shannon, Small, Sherrard, Spady, Steger, Tate, Taylor, Thomas, Thrash, Tom-
lin, Vermillion, Walker, Ward, West, Williams, J. L. Wilson, Woodhousc, Woodson, Wor-
sham, Wright and Wynne—82.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The hour having arrived for the consideration of the order of
the day,
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the substitute submitted
thereto by Mr. Tomlin, being the order of the day, with the pending
amendment submitted to the substitute by Mr. Bouldin, was taken
up; and the question being on agreeing to'the motion to reconsider
the vote by which the house ordered a division of the question upon
the amendment submitted by Mr. Bouldin, Mr. Bouldin, by unani¬
mous consent, withdrew the amendment.
Mr. Bouldin submitted the following amendment to the substi¬
tute of Mr. Tomlin :
Add as an independent section after the 2d section the following:
44 days before the day on which the terms
of service of the several volunteer companies now in service shall
expire, the governor shall require all such companies to be mustered
for re-enlistment by the officers commanding the same, who shall
submit to each volunteer whose term of service will so expire, the
question whether he will re-enlist or not; and shall make out accu¬
rate company rolls, designating therein the name, age and residence
of each volunteer who shall decline to re-enlist, the time his term of
service will expire, and the company and regiment to which he be¬
longs, and return the same forthwith to the adjutant general of the
state : And thereupon the governor shall cause the adjutant general
to draft by lot in fair proportions, from the respective counties, cities
and towns in which the volunteers so refusing to enlist originally
volunteered, or from other counties, cities and towns convenient
thereto, a number of men sufficient to raise each company to the
minimum number of one hundred men: and in making suck draft,
' the'adjutant general shall include as a part of the militia to be
drafted, the persons so refusing to re-enlist; and shall proceed in all
respects in the same manner, and be governed by the same principles
prescribed in the preceding section. The same proceedings shall be
adopted from time to time, as often as any deficiency shall occur in
any company in service, by reason of the refusal of volunteers to re-
enlist or otherwise. But when volunteers declining to re-enlist shall
be drafted, their term of service shall be two years, deducting there¬
from the term of their previous service. Nor shall any such volun¬
teer be enrolled for duty for the period of forty days from the date
of bis discharge, unless prior to that time he has been allowed a fur-
HOUSE OF DELEGATES.
127
tough of forty days or more, or unless the public exigencies shall im¬
peratively demand his services. And the general assembly recom¬
mends that a furlough of at least sixty days be granted to all volun¬
teers who shall re-enlist, at such time as the public exigencies may
allow, unless such furlough shall have been previously allowed."
And the question being on agreeing thereto, Mr. Evans demanded
the previous question; which was sustained by the house; and being
put, wvas decided in the negative—Ayes 45, noes 45.
On motion of Mr. Tomlin, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), Baskervill, Bouldin, Bradford, Cazenove, Cecil, J. J.
Coleman, Custis, R. J. Davis, Evans, Fleming, Friend, Garrison, Gordon, Hopkins, Hunter,
Huntt, Johnson, Jones, Kaufman, Lockridge, Lundy, McCamant, R. E. Nelson, Newton,
Orgain, Payne, Reid, Robertson, Robinson, Kutheerfoo-rd, P. Saunders, R. C..Saunders, Small,
Skerrard, Spady, Steger, Taylor, Thomas, Thrash, Ward, West, Williams, J. L. Wilson and
Wynne—45.
Noes—Messrs. J. T. Anderson, Barbour, Bass, Bayse, Blue, Brooks, Buford, Burks,
Clarke, Crockett, Daniel, 5. D. Davis, Edmunds, Eggleston, Ewing, Fletcher, Flood,
Franklin, Gatewood, George, Gillespie, Gilmer, Grattan, Green, Harrison, James, Jordan,
Kyle, Laidley, Lively, Mathews, A. W. McDonald, McLaughlin, Montague, Murdaugh,
Rives. Shannon, Staples, Tate, Tomlin, Vermillion, Walker, Woodhouse, Worsham and
Wright—45.
On motion of Mr. Wilson ©f Isle of Wight, the house adjourned
until Monday, 11 o'clock-
MONDAY, February 3, 1862.
Prayer by Rev. Dr. Burroughs of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 1, 1S62.
The senate have passed a bill entitled:
An act to amend section 11, chapter 29 of the Code, so as to
exempt the property of persons in the military service of the state
from distress for .rent payable in money.
In which they request the concurrence of the house of delegates.
No. 12. A senate bill entitled an act to amend section 11 of
chapter 29 of the Code, so as to exempt the property of persons in
the military service of the state from distress for rent payable in
money, was read a first and second time, and referred to the com¬
mittee for courts of justice.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 79. A bill to authorize the governor to settle the account of
Sampson Jones, agent of Mrs. fane A. Griffin.
Mr. Orgain, from the committee of agriculture and manufactures,
presented the following bill:
No. 79*. A bill incorporating the Petersburg iron works; which
subsequently, on motion of Mr. Collier, was read a first time, and
two-thirds concurring, read a second time, and ordered to be engrossed
and read a third time.'
128
JOURNAL OF THE
Mr. Shannon, from the joint committee to examine the second
auditor's office, submitted a report; which was laid upon the tahle.
On motion of Mr. McC'amaxt,
Resolved, that the joint committee on the penitentiary enquire into
and report to this house whether any, and if any, what has been the
character and extent of violation of duty on the part of the present
superintendent, in the matter of hiring out free negroes and slave
convicts.
On motion of Mr. Lockridge,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reporting a bill for the appropriation
of a sum of money sufficient to repair the turnpike road from the
Warm springs in Bath county to Greenbrier bridge in Pocahontas
county, for the purpose of transporting over said road supplies for
the army.
On motion of Mr. Walker,
Resolved, that the committee on military affairs enquire into the
expediency of providing by law for paying the members of Captain'
Crawford's company in the 5th regiment of Virginia volunteers, for
services rendered during the present war.
On motion of Mr. Sheffey,
Resolved, tnat the committee for courts of justice enquire and re¬
port promptly to this house what additional legislation, if any, is ne¬
cessary for the punishment of persons attempting to circulate the can¬
celed notes of the Central Bank of Virginia, and of other independent
banks of this commonwealth, returned according to law to the trea¬
surer's office, and recently attempted to be destroyed at the Tredegar
iron works, under the orders of the treasurer.
On motion of Mr. Buford,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of changing the names of the counties of
Scott and Buchanan.
On motion of Mr. Wright,
Resolved, that the committee of propositions and grievances en¬
quire iitto the expediency of reporting a bill for the incorporation of
the York river transportation company.
No. 17. A bill to provide for the construction of a rail road for
military purposes connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah, with the Winchester and
Potomac rail road at or near Winchester in the county of Frederick,
wTas taken up, on motion of Mr. Hunter, and read a second time.
Mr. Hunter submitted a substitute to the bill.
On motion of Mr. Steger, the bill and substitute were laid on the
table, and the substitute ordered to be printed.
Mr. Thrash presented petitions from citizens of Floyd county,
praying that the distillation of grain be prohibited in the county of
Floyd during the present war; which were ordered to be referred to
the committee on finance.
No. 21. A senate bill exempting from taxation the seal of courts
attached to papers or records for the recovery of the wages or other
HOUSE OF DELEGATES.
129
dues of deceased soldiers, and to refund the tax heretofore paid, was
taken up, and on motion of Mr. Siieffey, laid on the table.
No. 26. A senate bill entitled an act to amend section 27 of
chapter 24 of the Code (new edition), providing for a clerk in the
adjutant general's office, with the amendment proposed by the com¬
mittee on finance, was taken up.
The amendment was agreed to; the bill was then read a third
time; and the question being—Shall the bill- pass ? the roll was
called, with the following result:
Ayes—Messrs. Kemper (speaker), J T. Anderson, Barbour, Bass, Blue, Bouldin, Brad¬
ford, Buford, Burks, Carpenter, Caztmove, Cecil, Clarke, J. J. Coleman, Collier, Crockett,
Custis, Daniel, J. D. Davis, Edmunds, Fletcher, Flood', Friend, Gunison, Gatewood,
George, Gillespie, Gilmer, Gordon, Green, Harrison, .Hopkins, Hunter, Kaufman, Kyle,
Lively, Loekridge, Lundy, Mathews, McCamant, A. W. McDonald, .1. E. McDonald,
McLaughlin, Montague, Murdaugh, R. E. Nelson, Newton, Orgain, Payn<-, Pitman, Reid,
Richardson, Robertson, Ruthcrfoord, P. Saunders, Shannon, Small, Sheffey, Sherrard,
Spudy, Sieger, Tlnash, Tomlin, Vermillion, Walker, Ward, West, Williams, Woodhouse,
Woodson, Worsliain and Wright—72.
Noes—Messrs. Bayse, Ewing, Franklin, Johnson, Rives, R. C. Saunders and Tate—7.
Seventy-seven members not having voted in the affirmative,
Resolved, that the bill be rejected.
On motion of Mr. Tate, the rule was suspended, with the view of
reconsidering the vote rejecting the bill, and the bill laid on the table,
The following engrossed bills were read a third time and passed:
No. 57. An engrossed bill incorporating the Mutual life insurance
company.
No. 67. An en "Tossed bill to amend an act entitled an act amend-
o
ing the charter of the town of Danville, passed March 4th, 1S54,
and incorporating into one the subsequent acts amendatory thereof.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Hunter,
Resolved, that hereafter the order of the day, being the subject of
raising and organizing Virginia's quota of the confederate army, be
considered at 12 o'clock.
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the substitute submitted
thereto by Mr, Tomlin, being the special order of the day, was
taken up, on motion of Mr. Tomlin.
Mr. Barbour moved to suspend the rule, with a view to recon¬
sider the vote rejecting the amendment to the substitute, submitted
by Mr. Bouldin; and the question being on agreeing thereto, was
put, and decided in the affirmative.
Mr. Bouldin modified the amendment, so that in providing for
the draft, each company should be raised "to. the number of not
less than eighty nor more than one hundred men, as the public exi¬
gencies at the time may require;" and the question being on agree¬
ing to the amendment, was put, and decided in the affirmative—
Ayes 62, noes 20.
On motion of Mr. Tomlin, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), Barbour, Baskervill, Bass, Blue, Bouldin, Bradford,
Carpenter, Cazenove, Cecil, J. J. Coleman, H. N. Coleman, Custis, J. D. Davis, R. J.
17
130
JOURNAL OF TLIE
Dans, Evans, 1-lonting, Fletcher, Friend, Garrison, Gatcwood, Gilmer, Gordon, Harrison,
Hopkins, Tinnier, Hi.ntt, Johnson. Kaufman, Lockridgo, Lundy, MoCamant, McLaughlin,
Montague, R. E. Nil-m, Newton, Ordain, Payne, Pitman, koid, Robertson, Robinson,
Rutherl'ooid, U. Saunders, R. (J. Saunders, Sliamaiu, Small, Shelley, Sherrard, Spady,
F in.., Lute, Thomas, Thrash, Vennilliun, Walker, Ward, West, Williams, Woodson,
Wright and Wynne—(id.
Noes—Messrs. ,T. T. Anderson, Bayse, Buford, Burks, Clarke, Collier, Croekett, Daniel,
Edmunds, Egglcston, Ewing, Flood, Franklin, George, Gillespie, (1 rattan, Green, James, •
Jones, Kyle, Mathews, A. W. MeDonald, Murdaugli, Riehardson, Rives, Staj)les, Tonilin,
J. L. Wilson, Woodhouso and Worshain—110.
Mr. Bouldin submitted a further substitute, by way of amend¬
ment, which was agreed to.
Mr. Jones, submitted the. following amendment to the amendment
submitted by Mr. Bouldin, and agreed to by the house: " hut
nothing in this act shall be.so construed as to prevent the formation
of new volunteer companies in any of said counties, cities and
townsand the question being on agreeing thereto, Mr. Wilson of
Isle of Wight demanded the previous question ; which was sustained
by the house ; and being put, was decided in the negative—Ayes js,
noes 50.
On laotion of Mr. Tomlin, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, Bayse, Buford, Burks, Carpenter, Clarke, Collier, Custis,
Daniel, J. D. Davis, Edmunds, Egglcston, Ewing, Fletcher, Flood, Franklin, (Jutewood,
George, Green, James, Johnson, Jones, Kyle, Lively, Luudy, Mathews, A. W. McDonald,
McLaughlin, Murdaugh, Richardson, Rives, Shannon, JSherrard, Staples, Tomlin, West, J.
L. Wilson and Woodhouso—11*1.
Noes—Messrs. Kemper (speaker), Barbour, Baskervill, Bass, Blue, Bouldin, Bradford,
Cazenove, Cecil, J. J. Coleman, II. N. Coleman, Crockett, R. J. Davis, Fleming, Friend,
Garrison, Gillespie, Gilmer, Gordon, Harrison, Hunter, Huntt, Kaufman, Lockiidge, Mo-
Camant, Montague, R. E. Nelson, Newton, Orgain, Payne, Pitman, Reid, Robertson, Ru-
therfoord, P. Saunders, R. C. Saunders, .Small, Shelley, Steger, Tate, Thomas, Thrash, Ver¬
million, Walker, Ward, Williams, Woodson, Worshain,, Wright and Wynne—f>0.
Mr. Tate moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative—Ayes 17,
noes 56.
On motion of Mr. Robertson, the vote was recorded as follows:
Aye?—Messrs. Barbour, Buford, Burks, Carpenter, Fletcher, Garrison, Kaufman, Lively,
McLaughlin, Robinson, Small, Spady, Tate, Thomas, Worshain, Wright and Wynin—17.
Noes—Messrs. Kemper (speaker), ,T. T. Anderson, Baskervill, Bass, Bayse, Blue, Boul¬
din, Biacllbid. Cazenove, Cecil, Claike, J. J. Coleman, H. N. Coleman, Croekett, J. D.
Davis, R. J. Davis, Edmunds,'Eggleston, Ewing, Fleming, Flood, Franklin, Friend, (late-
wood, Georire, Gillespie, Gilmer, Gordon, Green, Harrison, Hunter, James, .Tolmson, Jones,
Kyle, Lockiilge, Mathews, McCamant, A. W. McDonald, Montague, R. E. Nelson, New¬
ton, Orgain, Payne, Pitman, Reid, Richardson, Rives, Robertson, Rutherfoord, P. Saun¬
ders, R. C. Saunders, Shannon, Sheffey, Staples, Steger, Thrash, Tomlin, Vermillion, Walker,
Ward, West, Williams, J. L. Wilson, Woodhouso and Woodson—(it>.
The hour of recess having arrived, the chair was vacated until
7£ o'clock P. M.
EVENING SESSION.
The house resumed the consideration of
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the substitute submitted
thereto by Mr. Tomlin, being the special order of the day.
HOUSE OF DELEGATES.
131
Mr. Bouldin submitted amendments to the substitute, in the form
of independent sections, which were agreed to.
Mr. Bouldin moved further to amend the substitute by striking
out the 4th, 5tli, 6th, 7th and 8th sections of the substitute; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
The house then proceeded to the consideration of the 9th section
of the substitute; Mr. Bouldin submitted an amendment thereto;
and the question being on agreeing thereto, was put, and decided in
the negative; •
On motion of Mr. Siieffey, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, February 4, 1862.^
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as
follows: . ;
In Senate, February 3, 1862.
The senate have passed bills entitled :
An act to incorporate the Confederate insurance company, No. 38.
An act to amend section 28 of chapter 52 of the Code of Virginia
(edition of I860), No. 39.
In which they respectfully request the concurrence of the house of
delegates.
No. 38. A senate bill entitled an act to incorporate the Confederate
insurance company, was read a first and second times, and on motion
of Mr. Grattan, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 39. A senate bill entitled an act to amend section 28 of chap¬
ter 52 of the Code of Virginia (edition of 1860), was read a first and
second times, and referred to the committee of roads and internal
\
navigation.
Mr. Barbour, from the comriiittee on finance, presented the fol¬
lowing report:
An adverse report to the petition of Robert Raper and others,
asking that taxes be refunded on lands erroneously assessed.
On motion of Mr. Reid,
Resolved by the general assembly, that in consequence of the im¬
possibility of procuring parchment, the clerk of the house of dele¬
gates be authorized to enroll the bills of the present session on paper.
Ordered, that the clerk communicate the resolution to the senate,
and request their concurrence.
Mr. Burks presented the proceedings of a meeting held by Bow-
yer's battery, a company of volunteers from the county of Bedford,
in relation to the bill for the organization of Virginia's-quota ol the
confederate army;-which were read, and on his-motion, referred to
the committee on military affairs.
132
JOURNAL OF THE
No. 79. An engrossed bill to incorporate the Petersburg iron
works, was taken up, on motion of Mr. Collier, read a third time
and passed.
Ordered, that Mr. Collier carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr. Col¬
lier, the senator from Petersburg, who informed the house of dele¬
gates that the senate had passed house bill entitled an act to incorpo¬
rate the Petersburg iron works.
No. 52. A bill to amend and re-enact an ordinance to provide for
the enrollment and»employment of free negroes in the public service,
passed by the convention July 1, 1SG1, was taken up, on motion of
Mr. Prince, amended, and as amended, read a second time, and or¬
dered to be engrossed and read a third time.
No. 17. A bill to provide for the construction of a rail road for
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah, with the Winchester and
Potomac rail road at or near Winchester in the county of Frederick,
with the substitute heretofore submitted thereto by Mr. Hunter,
was taken up.
Mr. Steuer moved to amend the substitute, by striking out the
2d and 3d sections of the substitute, and inserting in lieu thereof
other sections ; and the question being on agreeing thereto—pending
the consideration thereof, the hour having arrived for the considera¬
tion of the order of the day,
No. 19. A senate bill entitled an act to raise and organize Vir-
. ginia's quota of the confederate army, with the substitute thereto
submitted by Mr. Tomlin, being the special order of the day, was
taken up.
Mr. Walker submitted the following amendment to the substitute
as an independent section :
" In fixing the complement of Virginia's volunteers and drafted
men to be furnished by any county, city or town, under this act,
every county, city or town shall be-credited with such of its citizens
as have beeu mustered directly into the service of the -Confederate
States, and with those who, subject to military duty, have furnished
substitutes, which said substitutes have been mustered into the ser¬
vice of the Confederate States."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Mr. Sheffey moved further to amend the substitute, by striking
out the 9th section of the substitute, and inserting the following
"Within days after the term for which any volunteer com¬
pany now in service shall expire, and after the ranks of such com¬
pany have been filled up as aforesaid, on a day to be designated by
the commandant of the regiment or arm of the service to which
such company belongs, the company may deebP, by a vote of two-
thirds of the members present, whether there shall be a new election
of commissioned officers, voting in respect to each office separately:
and if the company decide to make any such elections, the same
HOUSE OF DELEGATES.
lhB
shall be immediately held under the superintendence of said com¬
mandant, who shall certify to the governor the names of those per¬
sons elected: and the governor shall commission them accordingly,
retaining the date of the former commission of each officer re-elected.
Such commandant shall also certify the names, ages and residences
of the officers not re-elected. Any officer who may not be re-elected
may retire from the service, and his name shall be reported, for
enrollment as aforesaid."
And the question being on agreeing thereto, Mr. Robertson
demanded the previous question ; which was sustained by the house ;
and being put, was decided in the negative—Ayes 24, noes 74.
On motion of Mr. Sheffey, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), Baskervill, Bass, Bradford, Brooks, II. N. Coleman,
Daniel, K. J. Davis, Garrison, Hopkins, Huntt, Johnson, McKinncy, Murdaagh, Payne, .
P. Saunders, R. C. Saunders, Sheffey, Spady, Tate, Thrash, Ward, Williams and Wood-
house—24.
Noes—Messrs. J. T. Anderson, Barbour, Bayse, Blue, Bouldin, Buford, Burks, Carpen¬
ter, Cazenove, Cecil, Clarke, J. J. Coleman, Collier, Custis, J. D. Davis, Edmunds, Eggles-
tou, Evans, Ewing, Fleming-, Fletcher, Flood, Franklin, Friend, Gatewood, George, Gil¬
lespie, Gilmer, Goidon, Grattan, Green, Harrison, Hunter-, James, Jones, Jordan, Kaufman,
K;> le, Laidley, .Lively, Loekridge, Lundy, Mathews, McCamant, A. W. McDonald,
McLaughlin, Montague, K, E. Nelson, Newton, Orgaiu, Pitman, Prince, Eeid, Richardson,
Rives, Robertson, Robinson, Rutlierfoord, Shannon, Sherrard, Staples, Steger, Thomas,
'Dunlin, Treadway, Vaden, Vermillion, Walker, West, J. L. Wilson, Woodson, Woolfolk,
Worsbam and Wright—7-1.
Mr. Prince moved to amend the substitute, by striking out the
9th section, and inserting the following:
" On the day on which the term for which any volunteer company
was mustered into service shall expire, the men refusing to re-enlist
shall be discharged from the service; and the volunteers re-enlisting,
'with the complement furnished by draft, shall remain under the
command of the commissioned company officers for thirty days; at
which time,, upon the application of three-fifths of the company,
indicating in reference to any one or more of such officers, a desire
to have some other person or persons in their stead, when a majority
of such company, so recruited and filled up, shall, upon application
to the commanding officer of the battalion, regiment or post, go into
an election for the substitution of any such officer or officers. The
election in such case to be conducted under the supervision and
authority of such commanding officer, who shall certify and forward
a copy of the proceedings in the premises to the adjutant general of
the state, when new commissions shall be issued to the successors in
office. The commissions of officers thus superseded shall cease as of
the date of such election, and their authority and services with the
company shall then and there determine."
And the question being on agreeing thereto, was put, and decided
in the negative.'
Mr. Hunter moved to amend the 9th section of the substitute, by
striking out all after the close of the 5th line of the 9th section, and
inserting the following : '
"And as soon after the organization of the regiments as the service
will admit of, the commissioned officers of the several companies
134
JOURNAL OF TIIE
shall proceed to elect for each regiment one colonel, one lieutenant
colonel and one major."
And the question being on agreeing thereto, Mr. Hunter demanded
the previous question ; and the question being—Shall the main ques¬
tion now be put? was put, and decided in the affirmative—Ayes (10,
noes ;J5.
On motion of Mr. Tomlin, the vote was recorded as follows:
Ayes—Messrs. J. T. Andersen, Barbour, Baskervill, Bay.se, Blue, Brooks, Buford, Car¬
penter, Clarke, Collier, Crockett, Custis, ,T. D. Davis, Egglestpn, Ewiug, Fletcher, Flood,
Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Hunter, Huntt, Jordan, Kaufnuin,
Kyle, Lively, Lockridge, Lundy. Mathews, McCamant, McKinney, McLaughlin, Montague,
Newton, Orgam, Pitman, Prince, Richardson, Rives, Robinson, Rutherfoord, S|mimnri,
Sherranl, Spady, Staples, Tate, Thomas, Thrash, Treadway, Vermillion, Ward, West, Wil¬
liams, J. L. Wilson, Woodhouse, Woolfolk and Worsham—GO.
Noes—Messrs. Kemper (speaker), Bass, Bouldin, Bradford, Burks, Cazenove, Cecil, J.J.
Coleman, H. N. Coleman, Daniel, It. J. Davis, Edmunds, Evans, Fleming, Gariison, Cor¬
don, Grattan, Green, Harrison, Hopkins, Jones, A. W. McDonald, R. E. Nelson, Payne,
Eeid, Robertson, P. Saunders, R. C. Saunders, Sheffey, Steger, Tomlin, Vaideu, Walker,
Woodson and Wright—35.
The question recurring upon the amendment submitted by Mr.
Hunter, was put, and decided in the affirmative—Ayes s2, noes 14.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, Barbour, Bass, Bayse, Blue, Bradford, Brooks, Buford,
Burks, Carpenter, Cazenove, Cecil,.Clarke, Collier, Crockett, Gustos, Daniel, J. I). Davis,
R. J. Davis, Edmunds, Eggleston, Evans, Ewing, Fleming, Fletcher, Flood, Franklin,
Garrison, Gatewood, Geoige, Gillespie, Gilmer, Gordon, Grattan, Green, Harrison, Hopkins,
Hunter, Huntt, James, Jones, Jordan, Kaufman, Kyle, Lively, Lockridge, Lundy, Ma¬
thews, McCamant, A. W. McDonald, McKinney, McLaughlin, Montague, It. E. Nelson,
Newton, Orgaiu, Payne, Pitman, Prince, Reid, Richardson, Rives, Robinson, Shannon,
Sherrard, Spady, Staples, Tate, Thomas, Thrash, Treadway, Vermillion, Walker, Ward,
West, Williams, J. L. Wilson, Woodhouse, Woodson, Woolfolk, Worsham and Wright—Htf.
Noes—Messrs. Kemper (speaker), Baskervill, Bouldin, J. J. Coleman, II. N. Coleman,
Friend, Robertson, Eutlieifoord, P. Saunders, R. C. Saunders, Slietfey, Steger, Tomlin
and Vaiden—14.
Mr. Harrison* moved to amend the substitute, by striking out the
9th section as amended, and inserting in lieu thereof the following:
"On the day on which the term of service of any volunteer com¬
pany shall expire, the men refusing to re-enlist and not drafted, shall
be discharged, and thereupon the other members of the company,
the volunteers re-enlisting, with the complement furnished by volun¬
tary enlistment and by draft, shall proceed forthwith to reorganize
the company and elect its officers. The commissioned officers wjio
are elected shall be commissioned by the governor. The commis¬
sions o£ those who are re-elected to the same office, shall be of the
same date with their former commissions, and those not re-elected
may retire from the service, and their names shall be reported for
enrollment with those refusing to re-enlist. And as so m after the
organization of the regiments as the service will admit of, the com¬
missioned officers of the several companies shall proceed to elect one
colonel, one lieutenant colonel and one major."
And the question being on agreeing thereto, was put, and decided
in the affirmative. •
Mr. Cazenove moved to amend the substitute in the lffth section,
by striking out so much thereof as' provides that citizens of other
states escaping into Virginia, and persons from disloyal districts in this
HOUSE OF DELEGATES.
135
state, and from those counties, cities and towns in the military pos¬
session of the enemy, shall be regarded as militiamen, and be liable
to be enrolled and drafted as part of the militia of the county, city
or town in which they may be at the time of the enrollment and
draft; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative—Ayes 54, noes 42.
On motion of Mr. Cazenove, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, Barbour, Bass, Bayse, Blue, Bradford, Buford, Carpenter,
Cazenove, Cecil, Custis, Daniel, J. D. Davis, Egglcston, Ewing, Fletcher, Franklin, Gar¬
rison, Gatervood, Gillespie, Gilmer, Gordon, Grattan, Hopkins, Huntt, Johnson, Jones, Kauf¬
man, Lnckridge, Lundy,-A W. McDonald, McLaughlin, Montague, Orgain, Payne, Pitman,
Iieid, Lives, Robertson, Kobinson, P. Saunders, E. C. Saunders, Small, Sheffey, Sherrard,
Spady, Staples, Steger, Tate, Thomas, Treadway, Yaiden, Woodhouse and Woodson—54.
Noes—Messrs. Kemper (speaker), Baskervill, Bouldin, Brooks, Burks, Clarke, J. J. Cole¬
man, H. N. Coleman, Collier, Crockett, K. J. Davis, Edmunds, Evans, Fleming, Flood,
Friend, George, Green, Harrison, Jordan, Kyle, Lively, Mathews, MeCarnanf, McKinuey,
Murdauj^l Newton, Prince, Richardson,{Rutherfoord,- Shannon, Thrash, Toiniiu, Vermillion,
Walker, Ward, West, Williams, J. L. Wilson, Woolfolk, Worshain and Wright—-12.
Mr. Richardson submitted a further amendment to the 13th sec¬
tion. Pending the consideration of which,
The hour of recess having arrived, the chair was vacated until 7£
o'clock P. M.
EVENING SESSION.
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the substitute thereto
submitted by Mr. Tomlin, was taken up; and the question being on
agreeing to the pending amendment submitted by Mr. Richardson
to the 13th section of the substitute, Mr Cazenove demanded a
division of the question; and the question being on agreeing to the
first branch of the amendment (which reads as follows: "And all
citizens of this state liable to military duty, who have removed or
may remove from the counties, cities or towns of their residence, on
account of the actual or apprehended invasion of the enemy, or from
any other cause, shall be enrolled and drafted as part of the militia
of the county, city or town in which they may be at the time of
enrolling and drafting the same"), was .put; and decided in the
affirmative—Ayes 75, noes 11.
On motion of Mr. Cazenove, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baskervill, Bass, Bayse, Bouldin. Bu¬
ford, Burks, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Crockett, J. D. Davis. R.
J. Davis, Eggleston, Evans, Ewing, Fletcher, Franklin, Friend, Gatewood, Gillespie, Gil¬
mer, Gordon, Grattan, Green, Harrison, Hunter, Jones, Jordan, Kaufman, Kyle. Lively,
Lockridge, Lundy, Mathews, McKinney, Montague, Newton, Orgain, Payne, Pitman,
Prince, lieid, Richardson, Eiddick, Rives, Robertson, Robinson, Eutlierlbord, P. Saunders,
R. C. Saunders, Shannon, Small, Slierrard, Staples, Steger, Thomas, Thrash, Tomlin, \rai-
deu, Vermillion, Walker, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson,
Woolfolk, Wootten, Worsliam and Wynne—75.
Noes—Messrs. F. T. Anderson, Brooks, Cazenove, Garrison, Huntt, A. W. McDonald,
Minor, Sheffey, Spady, Tate and Treadway—11.
The question being 011 agreeing to the remaining portion of the
amendment (which is as follows: "but such citizens shall not be
136 JOURNAL OF THE
estimated as a part of the quota required to be furnished by tho
counties, cities and towns in which they may be found at tin1 time
of enrolling and drafting, but shall be estimated as a portion of the
quota of the county, city or town from which they'have temporarily
removed"), was put, and decided in the affirmative.
Mr. Bouldin moved to strike out the 14th section of the substitute
(which is in these words: "Volunteer companies with not less than
eighty, rank and file, may re-enlist under their existing organizations,
or may form new ones at the expiration of their present term of
serviceand the question being on agreeing thereto, was put, and
decided in the negative—Ayes 37, noes 48.
On motion of Mr. McDonald of Hampshire, the vote was recorded
as follows ;
Ayes—Messrs. Kemper (speaker), Baskervill, Bouldin, Cazenovo, Cecil, J. J^olemau,
IT. N. Coleman, Crockett, R. J. Davis, Gillespie, Gilmer, Gordon, Hopkins," lluiimr, Kauf¬
man, Montague, Newtou, Payne, Prince, Robertson. Rutlierfoord, P. Saunders, R. C. Saun¬
ders, Shannon, Skerrard, Spady, Steger, Tate, Thrash, Treadway, Vermillion, Williams and
Wynne—'\7.
Noes;—Messrs. J. T. Anderson, F. T. Anderson, Bayso, Brooks, Buford, Burks, Clarke,
Collier, J. D. Davis, Edmunds, Eggleston, Evans, Ewing, Fletcher, Franklin, Eiiend,
Garrison, Grattan, Green, Harrison, Huutt, Jones, Jordan, Kyle, Lively, Lundy, Ma!hews,
A. W. McDonald, McKiuney, Minor, Orgain, Pitman, Reid, Riddick, Rives, Small, Shef-
fey, Staples, Thomas, Tomlin, Vaiden, Walker, West, S. Wilson, Woodhouse, Wooti'olk,
Wootten and Worsham—48.
Mr. Collier submitted the following as an addition to the 14th
section of the substitute:
" But nothing in this act contained shall be so construed as to
prohibit the formation of companies of volunteers not now in actual
service."
And the question being on agreeing thereto, Mr. Ruttierfookd
demanded the previous question ; which was sustained by the house;
and being put, was decided in the affirmative—Ayes 53, noes 30.
On motion of Mr. Anderson of Rockbridge, the vo.te was recorded
as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Bass, Bayse, Brooks, Buford, Burks,
Clarke, Collier, Crockett, J. D. Davis, Edmunds, Eggleston, Ewing, Fletcher, Franklin,
Gatewood, Grattan, Green, Hunter, Huntt. Jones, Jordan, Kaufman, Lively, Lundy, Ma¬
thews, A. W. McDonald, McKinney, Minor, Montague, Orgain, Pitman, Piinee, Reid,
Richardson, Riddick, Rives, Robinson, .Shannon, Sheirurd, Small, Staples, Thomas, Tomlin,
Vaiden, West, J. L. Wilson, S. Wilson, Woodhouse, Woolfolk, Wootten and Wor.sluiiu—oik
Noes—Messrs. Kemper (speaker), Baskervili, Bouldin. Cazenove, Cecil, J. J. Coleman,
H. N. Coleman, R. J. Davis, Evans, Friend, Garrison, Gilmer, Gordon, Harrison, Hopkins,
Newton, Payne, Robertson, Iiutherfoord, P. Saunders, R. (J. Maunders, Mhetfcy, Spady,
Steger, Tate, Thrash, Treadway, Walker, Williams and Wynne—:>().
On motion of Mr. Grattan, the house adjourned until to morrow,
11 o'clock.
HOUSE OF DELEGATES.
137
WEDNESDAY, February 5, 1862.
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 4, 1862.
The senate have agreed to a joint resolution from the house of •
delegates in relation to the 'pay of non-commissioned officers and
privates.- .
They have also agreed, with an amendment, to a joint resolution
in relation to impressments.
They have passed a bill to establish an inspection of leather in the
city of Norfolk, No. 46.
In which amendment and bill they request the concurrence of the
house of delegates.
The amendment proposed by the senate to joint resolution in re¬
lation to impressments, was agreed to.
Ordered, that the clerk inform the. senate thereof.
No. 46. A senate bill entitled an act to establish an inspection of
leather in the city of Norfolk, was read a first and second times, and
referred to the committee on agriculture and manufactures.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 80. A bill to repair the road from the Warm springs, by
Huntersville, to Greenbrier river at Marlfn's Bottom ; which was
subsequently read a first time, and ordered to be read a second time.
Mr. Anderson, from the same committee, presented a report ask¬
ing to be discharged from the further consideration of a resolution of
enquiry in relation to a revolving cannon invented by Dr. M. Jeter
of Roanoke county.
Mr. Staples presented the petition of citizens of Patrick county,
in relation to the distillation of grain; which was ordered to be re-
. ferred to the committee on agriculture and manufactures.
On motion of Mr. Nelson of Fluvanna*
Resolved, that the committee of propositions and grievances be in¬
structed to enquire into the expediency of allowing the owners of
lots in the town of Columbia, Fluvanna, the further time of ten
years to build thereon.
On motion of Air. Blue,
Resolved, that the committee on finance enquire into the expe¬
diency of compensating Norman C. Smoot and James Caudy, com¬
missioners of Hampshire county, for assessing and listing the pro¬
perty of said county, they having failed to have their books examined
and certified by the clerk, in consequence of the county being in
possession of the enemy.
Ou motion of Mr. Baskervill,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of amending the ordinance of the con¬
vention passed 27th of April 1861, so as to authorize the appoint-
18
138
JOURNAL OF THE
liient of aii additional lieutenant to each company of the provisional
army of Virginia now in the service of the Confederate States.
On motion of Mr. Sherrard,
Resolved, that the committee of roads' and internal navigation he
instructed to enquire into the expediency of completing, on state ac¬
count, the Morgan and Frederick turnpike, as a military necessity as
well as a public convenience.
On motion of Mr. Woodson,
Resolved, that the committee of privileges and elections be in¬
structed to enquire and report to this house whether any legal elec¬
tion has been held in the county of Pendleton for a delegate to this
house from said county, under the writ, of election issued by the
speaker on the day of January 1SG2 ; and that they have
leave to send for persons and papers.
No. 21. A senate bill entitled an act exempting from taxation the
seal of courts attached to papers or records for the recovery of wages
or other dues of deceased soldiers, and to refund the tax heretofore
paid, was taken up, on motion of Mr. Sheffey, read a third time
and passed—Ayes 94.
Arcs—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Barbour, Baskevvill,
Bass, Bayse, Blue, Bouldin, Bradford, Brooks, Burks, Cazenove, Cecil, Clarke, J. J. Cole¬
man, H. N. Coleman, Collier, Crockett, J. D. Davis, B... J. Davis, Edmunds, Evans, Flam--
ing, Fletcher, Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Gordon, Grattan,
Gieen, Harrison, Hunter, Huntt, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidlcy,
Lively, Lock ridge, Lundy, Mathews, McCamant, A. W. McDonald, McKinuey, McLaugh¬
lin, Minor, Montague, Murdaugh, R. E. Nelson, Newton, Orgain, Payne, Pitman, Prince,
Reid, Richardson, Riddiek, Rives, Robertson, Rutherfoord, P. Saunders, R. C. Saunders,
Shannon, Sheffey, Spady, Staples,VSteger, -Tate, Taylor, Thomas, Thrash, Tomliu, Tread-
wav, Vaiden, Vermillion, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson, Wood-
house, Woodson, Woolfolk, Wootten, Worsliam and Wright—94.
No. 17. A bill to provide for the construction of a rail road for
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah,' with the Winchester and
Potomac rail road at or'near Winchester in the county of Frederick,
with • the substitute thereto submitted by Mr. Hunter, and the
amendments to the substitute submitted by Mr. Steger, was taken
up. Pending the consideration of which, the hour arrived for the
consideration of the order of the day.
Mr. Harrison moved to postpone the order of the day, for the
purpose of considering the following resolution:
Resolved, that a special committee be appointed and instructed to
report a bill, without delay, for the enrollment of all citizens of Vir¬
ginia. liable to or who ought to he liable to military duty, and for
the purpose of instituting an enquiry as to the number of regiments,
companies, officers and men from Virginia, both volunteers and
militia, now in the service of the state or of the Confederate States;
and the question being on agreeing thereto, was put, and decided in
the negative.
A message was received from the senate by Mr. Joiinson, who
informed the house of delegates that the senate had passed a bill
entitled an act to amend the 14th section of chapter 15 of the Code,
so as to authorize the enrollment of the acts and. joint resolutions of
HOUSE OF DELEGATES.
139
the general assembly on parchment or paper: in which they respect¬
fully requested the- concurrence of the house of delegates.
The Speaker laid before the house (in secret session) a communica¬
tion from the governor of the commonwealth, enclosing a letter from
the secretary of war, which were read, and on motion of Mr. Burks,
laid on the table.
Mr. Sheffey submitted the following resolution:
Resolved, that the governor of the commonwealth be requested,
as promptly as practicable, to ascertain from the secretary of war,
and- to communicate to this house, whether the confederate govern¬
ment will decline to receive the quota of Virginia to the confederate
army for a period of less than three years or for the War.
Mr. Robertson moved to amend the resolution, by striking out
the entire resolution, and inserting the following :
"Resolved, that the communication just received from the gover¬
nor be referred to a joint committee of the two houses, to consider
and report, without delay, what course the general assembly should
adopt in reference to said communicationand the question being
on agreeing to the amendment, Mr. Prince 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 resolution as amended, Mr.
Barbour demanded the previous question ; which was sustained by
the house ; and being put, was decided in the affirmative.
Ordered, that Mr. Robertson carry the resolution to the senate,
and request their concurrence.
Subsequently, a message was received from the senate by Mr.
Johnson, who informed the house of delegates that the senate had
concurred in the resolution, and appointed a committee on their part.
The.Speaker announced the following committee under the reso¬
lution : Messrs. Robertson, Sheffey, Barbour, Edmunds, Anderson of
Botetourt, Bouldin, Tomlin, Hunter and Burks.
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the substitute thereto
submitted by Mr. Tomlin, being the special order of the day, was
taken dp.
Mr. Hunter moved a suspension of the rule, with a view to re¬
consider the vote by which the amendment submitted by Mr. Collier
(to the 14th section of the substitute) was adopted on yesterday;
and the question being on agreeing thereto, was put, and decided in
the negative—Ayes 50, noes 54.
On motion of Mr. Collier, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), Barbour, Baskervill, Bouldin, Bradford, Cazenove, Ce¬
cil, J. J. Coleman, H. N. Coleman, Crockett, Dalmey, Daniel, R. J. Davis, Evans, Flem¬
ing1, Friend, Garrison, Gill.espie, Gilmer, Gordon, Harrison, Hopkins, Hunter, Huntt, John¬
son, Kaufman, Lockridge, McCamant, R. E. Nelson, Newton, Payne, Riddiek, Robertson,
Rutlierfoord, P. Saunders, R. C Saunders, Sheffey, Spady, Steger', Tate, Taylor, Thomas,
Thrash, Treadway, Vaiden, Walker, Ward, West, Williams and Wright—50.
.Noes—Messrs. J. T. Anderson, F. T. Anderson, Bass, Bayse, Blue, Brooks, Burks, Clarke,
Collier, Custis, J. D. Davis, Edmunds, Egglestou, Ewing, Fletcher, Flood, Franklin, Gate-
wood, George, Grattan, Greeu, James, Jones, Jordan, Kyle, Lively, Lundy, Mathews, A.
w. McDonald", i. E. McDonald, McKinney, McLaughlin, Minor, Montague, Murdaugh,
140
JOURNAL OF TIIE
Orn'.'iin, Pitman, pi im p, Eviil, Rii'lianlsoii, Rives, Robinson, Shannon, Small, Sliei'innl,
Staples, Tomlin, Yerniillion, J. L. Wilson, S. Wilson, Woodhouse, Woolfolk, Wootten and
Worslnun—f>4.
On motion of Mr. Cazenoye, the house adjourned until to-mor¬
row, 11' o'clock.
THURSDAY, February 6, 1862.
'Prayer by Rev. Dr. Burrows of the Baptist church.
Mr. Collier-, from the committee on finance, presented the follow¬
ing bill:
No. SI. A bill prescribing penalties against illegal assessments and
collection of taxes.
Mr. Collier, from the same committee, presented an adverse re¬
port to the petition of James W. Ryan, sheriff of Clarke county, ask¬
ing to be released from the payment of damages.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing bill; which was read a first time, and ordered to be read a
second time.
No. S2. A bill imposing taxes for the support of government.
Mr. Blue, from the committee of privileges and elections, pre¬
sented a report upon the legality of the election held in the county
of Pendleton on the 16th of January 1S62.
Mr. Ba ss presented the petition of Claiborne Scott, his wife and
children, free persons of color manumitted by the will of Sarah Betts
of Roanoke county, praying for permission to remain in the common¬
wealth ; which was ordered to be referred to the committee on the
subject of the free negro population of the state.
On motion of Mr. Hunter,
Resolved, that the special order of the day be postponed until 1|
o'clock.
No. 17. A bill to provide for the construction of a rail road for
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah, with the Winchester and
Potomac rail road at or near Winchester in the county of Frederick,
with the substitute, submitted thereto by Mr. Hunter, and the pend¬
ing amendment to the substitute submitted by Mr. Steger, was taken
up; and the question being on agreeing to the amendment to the
substitute, was put, and decided in the nega-tive.
Mr. Robinson submitted the following resolution; and the ques¬
tion being on agreeing thereto, was put, and'decided in the negative:
Resolved, that the appropriation in the bill under consideration be
stricken out, and that the bill and substitute be referred to the com¬
mittee of roads and internal navigation, with instructions to enquire
into the expediency of reporting a bill authorizing the construction
of the road on the three-fifths principle; and requiring the said com¬
mittee to report on the propriety of extending the said road to Mar-
tinsburg in the county of Berkeley.
HOUSE OF DELEGATES.
141
The substitute was then amended on motion of Mr. Hunter ; and
on his further motion, the bill and substitute were laid upon the table.
The report of the committee to correspond with the lessees of the
salt works of Washington and Smyth counties, being the order -of
.the day, was taken up, on motion of Mr. Anderson of Rockbridge,
and postponed to, and made the order of the day for to-morrow at 1
oVdock.
No. 50. A senate bill entitled an act to amend the 14th section of
chapter 15 of the Code, so as to authorize the enrollment of the acts
and joint resolutions of the general assembly on parchment or paper,
was taken up, on motion of Mr. Reid, read a first and second times,
and on his further motion, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Robertson, the house resolved itself into secret
session.
Mr. Robertson, from the joint committee appointed to consider
the communication of the governor transmitted on yesterday, sub¬
mitted the following resolution :
Resolved, that the joint' committee to consider the communication
of the governor transmitted to the house on yesterday, be permitted
to report by bill or otherwise.
And the question being-on agreeing thereto, Mr. Rutherfoord
demanded the previous question ; which was sustained by the house ;
and being put, was decided in the affirmative.
No. 19. A senate bill entitled an act to raise and organize Vir¬
ginia's quota of the confederate army, with the substitute thereto
submitted by Mr. Tomlin, being the special order of the day, was
taken up, and on motion of Mr. Prince, laid on the table.
On motion of Mr. Prince,
Resolved, that the senate bill in relation to the organization of
Virginia's quota of the confederate army, and the bill and substitutes
relating to the same subject be referred to the joint committee on
the subject of the communication from the governor transmitted to
the house on yesterday.
No. 68. An engrossed bill authorizing the auditing board to allow
certain claims not already provided by law, was taken up, on motion
of Mr. Bradford, and on his motion," laid on the table.
No. 38. An engrossed bill to incorporate the Southern mutual life
insurance company, was taken up, on motion of Mr. Davis of Camp¬
bell, read a third time and passed.
On motion of Mr. Davis, the title was amended by striking out
" Southern," and inserting " Confederate." ,
Ordered, that the clerk communicate the same to the "senate, and
request their concurrence.
On motion of Mr. McKinney,
Resolved, that the clerk of this house be requested to procure a
copy of the army bills recently passed by the confederate congress,
and have them printed for the use of the house.
On motion of Mr. Davis of Amherst,
Resolved, that the joint committee appointed to'enquire into the
142
JOURNAL OF TIIE
retrenchment of the civil and military expenses of the government,
be enlarged by the appointment of two additional members on the
part of this house.
The Speaker announced the names of the following gentlemen as
v . o o
added to the committee under the resolution: Messrs. James and
Wynne.
On motion of Mr. Dabney,
Resolved, that the committee for courts of justice enquire into the
expediency of increasing the allowance to clerks for examining the
land and property books of the commissioners of the revenue.
On motion of Mr. Vaiden,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to Miles C. Tunstall, jr. a sum of money paid* by
him for license which was not used..
On motion of Mr. Kyle,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Hillsville military
academy.
The following bills were read a first.time, and two-thirds concur¬
ring, read a second time, and ordered to be engrossed and read a third
.time.
No. 55. A bill concerning bank directors.
No. 79. A bill to authorize the governor to settle the account of
Sampson Jones, agent of Mrs. Jane A. Griffin.
The following bills were read a second time,'and ordered to be en¬
grossed and read a third time:
No. 39. A bill making an appropriation for the payment to Alfred
Berkley for military services performed by him.
No. 43. A bill releasing the securities of Thomas' K. Davis, late
sheriff of Prince William, from the payment of damages.
No. 44. A bill for the relief of' Coalman D. Bennett, executor of
Howard Craft deceased, of Pittsylvania county.
Mr. Murdaugh moved an adjournment; and the question being on
agreeing' thereto, was put, and decided in the negative: aud it ap¬
pearing that no quorum voted, Mr. Wilson of Isle of Wight moved
a call of the house. Pending the consideration of which,
On motion of Mr. Rutherfoord, the house adjourned until to¬
morrow, 11 o'clock.
FRIDAY, February 7, 18G2.
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication front the senate, by their clerk, was read as
follows:
In Senate, Feb. G, 1862.
The senate have passed house bill entitled :
An act making an appropriation to the civil contingent fund,
No. 75.
HOUSE OF DELEGATES.
143
They have passed, with amendment, house bill entitled :
An act to refund to Edmund W. Bayley .a sum of money erro¬
neously paid by him into the treasury, No. 16.
They have passed bills entitled :
An act to refund license taxes to volunteers in the military service,
and to other persons, No. 43.
An act providing for the collection of taxes and other public dues
in the hands of defaulting officers, and. in the hands'of other'persons
disloyal to the state, No. 44.
An act authorizing a reassessment of a house and lot in Lynch¬
burg owned by Barney McKinney and James Casey, and for the re¬
payment to them of certain taxes, No. 47.
An act to empower the governor to#have made out and filed in the
state department complete lists of Virginia forces, No. 49.
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 refund to Edmund W. Bayley a sum of money erroneously
paid by him into the treasury, was concurred in.
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 : *
No. 43. A senate bill entitled an act to 'refund license taxes to
volunteers in the military service and to other persons.
No. 44. A senate bill entitled an act providing for-the collection
of taxes and other public dues in the hands, of defaulting officers,
apd in the hands of other persons-.disloyal to the state.
No. 47. A senate bill entitled an act authorizing a re-assessment
of a house and lot in Lynchburg owned by Barney McKinney and
James Casey, and for the repayment to them Qf certain taxes.
No. 49. A senate bill entitled an act to empower the governor to
have made out and filed in the state department complete lists of
Virginia forces, was read a first and second times, and on motion of
Mr. McCamant, read a third time and passed.
.Ordered, that the clerk inform the senate thereof.
Mr. McCamant, from the committee of propositions and grievances,
presented the following bill:
No. 83. A bill allowing further time to the owners of lots in the
town of Columbia in the county of Fluvanna, to build on and im¬
prove the same; which subsequently, on motion of Mr. Nelson, was
read a first time, and ordered to be read a second time.
Mr. Bass, from the committee of claims, presented the following
' bills:
No. 84. A bill for the relief of 'Wm. T. Fitchett, commonwealth's
attorney fqr the county of Northampton. .
No. 85. A bill for the relief of Thomas McCormick.
No. 86. A bill for the relief of John S. Rady, page of the house
of delegates at the session of 1847-48.
Mr. Collier, from the committee on finance, presented the fol¬
lowing bills:
144
JOURNAL OF THE
No. S7. A bill authorizing the recovery of money stolen from the
Excha nge Bank of V irginia at Weston.
No. 88. A bill to amend and re-enact section 1st of an act'entitled
an act to provide for the prompt payment of the interest 011 the va¬
rious bonds guaranteed by the commonwealth, passed February lOlli,
I860; which said two last mentioned bills were read a first time,
and ordered to be read a second time.
On motion of Mr. Minor,
Resolved, that the bill in relation to the prompt payment of inte¬
rest on guaranteed bonds be recommitted to the committee, on
finance.
The following bills were read a first time, and ordered to be read
a second time:
No. 60. A bill to authorize the board of public works to transfer
the Southwestern turnpike to the counties in which it lies.
No. 71, A bill to incorporate the Virginia rolling mills ccrmpany.
The following bills were read a second time, and ordered to be
engrossed and read a third time :
No. 42. A bill refunding to securities of Thomas K. Davis, late
sheriff of Prince William county, damages paid by them as such.
No. 72. A bill authorizing payment for clothing, &c. furnished the
militia of Roanoke.
No. 17. A bill to. provide for the construction of a rail road for
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah, with the Winchester and
Potomac rail road at or hear Winchester in the county of Frederick,
with the substitute thereto submitted by Mr. Hunter, being the
unfinished business of yesterday, was taken up.
The substitute was then further amended; and the'question being
on agreeing to the substitute, was put, and decided in the affirmative.
The bill as amended was then read a second time, and ordered to
be engrossed and read a third time.
A report of the committee of privileges and elections upon the
legality of the election held in the county of Pendleton on the lGtli
January 1862, for a delegate from that county, was taken up, on
motion of Mr. Blue, and on motion of Mr. Steger, laid upon the
table.
No. 50. An engrossed bill for the relief of John Avis, late jailor
of Jefferson county, was taken up, on motion of Mr. Kaufman ; and
the question being—Shall the bill pass ? the roll was called, with
the following result—Ayes 72, noes 24.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Bass, Bayse, Blue, Bradford, Brooks,
Carter, II. N. Coleman, Collier,- Crockett, Dabney, Daniel, R. J. Davis, Dice, Fleming,
Forbes, Garrison, Gatevvood, George, Gillespie, Gilmer, Grattan, Green, Hopkins, llunUr,
Irby, Johnson, Jordan, Kaufman, Laidley, Lively, Lockridge, Lynn, Mathews, McCainant,
A. W. McDonald, I. E. McDonald, McKinney, Minor, Montague, R. E. Nelson, Newton,
Orgain, Payue, Pitman, Riddick, Robinson, Rutherfoord, P. Saunders, R. *C. Maunders,
Shannon, Stuff -y, Skerrard, Spady, Steger, Tate, Taylor, Thrash, Tomlin, Tredway, Ya deu,
Vermillion', Walker, Ward, Williams, J. L. Wilson, Woodson, Woolfolk, Wootten, Worslnuu
and Wynne—72.
Noes—Messrs. F. T. Anderson, Baskervill, Carpenter, Cecil, Clarke, J. J. Colenian, J. D.
Davis, Eggleston, Ewiug, Fletcher, Franklin, Friend, Gordon, James, Jones, Kyle, Luudy,
Mallory, Prince, Reid, Rives, Staples, West and Wright—24.
HOUSE OF DELEGATES.
145
Seventy-seven members not having voted in favor of the bill, the
Speaker announced that the bill was rejected.
From the decision of the chair announcing the rejection of the
bill, Mr. Hunter appealed; and the question being—Shall the de¬
cision of the chair stand as the judgment of the house? on motion
of Mr. Rutherfoord, the appeal was laid on the table.
On motion'of Mr. Rives,
Resolved, that an additional member be added to the committee
on lunatic asylums.
The Speaker announced the name of Mr. Taylor as added to the
committee, under the resolution.
On motion of Mr. Mallory,
Resolved, that the committee 011 finance be instructed to enquire
into the expediency of refunding to George H. Lucy a license tax
which he never used.
On motion of Mr. Woolfolk,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reporting a bill to pay the staff officers
of militia regiments called into service by proclamation of the go¬
vernor of Virginia of the 9th of July 1861, the confederate govern¬
ment having refused to pay the same.
On motion of Mr. Wynne,
Resolved, that leave be given to bring in a bill incorporating the
Dover coal mining company.
The Speaker announced the following committee, under the reso¬
lution : Messrs. Wynne, Steger, Thomas, Payne and Cazenove.
On motion of Mr. Bass,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of providing by law that all acts incor¬
porating manufacturing, mining, insurance, educational or other com¬
panies, shall be subject to alteration, amendment or repeal, at the
pleasure of the general assembly, unless otherwise qlpressly provided
for by law.
On motion of Mr. Gordon,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of providing some method by which
rents due to friendly citizens of Maryland, Kentucky and Missouri,
now unable to communicate with this state, may be collected.
On motion of Mr. Rutherfoord,
Resolved, that the committee for courts of justice enquire and re¬
port what, in their judgment, is, under the existing circumstances,
the number required, under the 2,6th section of the 4th article of the
constitution, to constitute a majority of all the members elected' to
each house.
The report of the joint committee appointed to correspond with
the lessees of the salt works, &c., being the special order of the day,
was taken up, on motion of Mr. Anderson of Rockbridge, and on
motion of Mr. Crockett, laid on the table.
Mr. Robertson moved that the' house resolve itself into secret
19
146
JOURNAL OF THE
session; and the question being on agreeing thereto, was put, and
decided in the affirmative..
Mr. Robertson, from the joint committee having in charge the
subject of raising and organizing Virginia's quota of the confederate
army, presented the following bill:
No. 89. A bill for ascertaining and enrolling the military force of
the commonwealth; which, on his motion, was read a first time, and
ordered to be read a second time.
No. 52. An engrossed bill to amend and re-enact an ordinance to
provide for the enrollment and employment of free negroes in the
public service, passed by the convention July 1st, 1861, was taken
up, on motion of Mr. Prince.
Mr. "Wilson submitted a ryder to the bill; which was read the
first and second times; and the question being—Shall the ryder be
engrossed and read a third time ? pending the consideration thereof,
The hour of recess having arrived, the chair was vacated until
o'clock P. M.
EVENING SESSION.'
No. 52. An engrossed bill to amend and re-enact an ordinance to
provide for the enrollment of free negroes in the public service,
passed by the convention July 1st, 1861, with the ryder thereto
submitted by Mr. Wilson of Isle of-Wight, being the unfinished
business of the morning session, was taken up; and the question be¬
ing—Shall the ryder be engrossed and read a third time? was put,
and decided in the negative.
On motion of Mr. Tomlin, the bill was laid upon the table.
No. 64. An engrossed bill to constitute' a corps more effectually to
collect the armfl* of the state and Confederate States not in actual
service, was taken up, on motion of Mr. Prince.
Mr. Prince moved a suspension of the rule, with a view to recon¬
sider the vote by which the bill was ordered to its engrossment; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
The bill was then amended, and as amended, read a second time,
and ordered to be engrossed and read a "third time.
No. 63. A bill for the relief of Levi Johnson, was taken up, on
motion of Mr. Johnson, read a second time, and ordered to be en¬
grossed and read a third time.
On motion of Mr. Robertson, the house resolved itself into secret
session.
Mr. Robertson, from the joint committee having in charge the
subject of raising and organizing Virginia's quota of the confederate
army, presented the following bill:
No. 90. A bill to raise troops to meet the requisition on Virginia
of the president of the Confederate States; which was read a first
time, and ordered to be read a second time.
HOUSE OF DELEGATES.
147
No. 89. A bill for ascertaining and enrolling the military force of
the commonwealth, was taken up, on motion of Mr. Cazenove.
The bill was then amended.
Mr. Tomlin moved further to amend the bill, by allowing to
the officers enrolling the militia, the same compensation as is now
allowed by law for the registration of voters; and the question being
on agreeing thereto, was put, and decided in the negative.
The bill as amended was then read a second time, and ordered to
be engrossed and read a third time.
On motion of Mr. Burks, the house adjourned until to-morrow,
11 o'clock.
SATURDAY, February 8, 1862.
Prayer by Rev. Dr. Burrows of the Baptist church.
Mr. Collier, from the committee on finance, to whom had been
referred the following senate bills, reported the same without amend¬
ment :
No. 44- A senate bill entitled an act providing for the collection
of taxes and other public dues in the hands of defaulting officers, and
in the hands of other persons disloyal to the state.
No. 47. A senate bill entitled an act authorizing a reassessment
of a house and lot in Lynchburg owned by Barney McKinney and
James Casey, and for the repayment to them of certain taxes.
Mr. Collier, from the same committee, presented the following
bill:
No. 91. A bill compensating Norman C. Smoot and James Caudy,
commissioners of the revenue for the county of Hampshire, for ser¬
vices performed; which was read a first time, and two-thirds concur¬
ring, read a second time, and ordered to be engrossed and read a third
■ time.
No. 41. A bill to authorize the county court of Powhatan county
to correct the assessment of the lands of A. S. Wooldridge's estate,
was taken up, on motion of Mr. Dabney, read a second time, and
ordered to be engrossed and read a third time.
Mr. Rives submitted the following resolution; which being ob¬
jected to, was laid over under the rule:
Resolved, that a joint committee, consisting of five on the part of
the house and three on the part of the senate, be appointed to visit
the Eastern lunatic asylum, and report to the general assembly the
condition of the institution.
No. 17. An engrossed bill to provide for the construction of a rail
road for military purposes, connecting the Manassas gap rail road at
or near Strasburg in the county of Shenandoah, with the Winchester
and Potomac rail road at or near Winchester in the county of Frede¬
rick, was taken up, on motion of Mr. Ward, aud read a third time;
and the question being—Shall the bill pass? Mr. Malloby demanded
148
JOURNAL OF TIIE
the previous question; which was sustained by the house; and being
put, was decided in the affirmative—Ayes 81), noes 10.
Ayes—Messrs. Romper (speaker), J. T. Anderson, F. T. Anderson, Baker, Buskenill,
Bass. Bine, Bouldin, Bradi'ord, Burks, Carpenter, Carter, Cazenove, Cecil, ,T. ,T. Coletmm,
Crockett, Custis, Dahnev, Daniel, J. 1). Davis, R. ,J. Davis, Dice, Eggleston, Ewing, Fletn
ing, Fletcher, Forhcs, Friend, Garrison, Gatewood, George, Gillespie, Gilmer, (iiattan,
Green, Hopkins, Hunter, Irhy, James, Johnson, Jordan, Kaufman, Kyle, Lively, Lockiidge,
Lynn, Mallory, Mathews, McCaniant, A. W. McDonald, MeKinney, McLaughlin, Minor,
Montague, R. E. Nelson, Newton, Noland, Orgain, Payue, Fitinnn, Reid, Richardson, Kid-
dick, Rives, Robertson, R. C. launders, Shetfoy, Spady, Rteger, Tate, Taylor, Thomas,
Thrash, Tredway, Walker, Ward, Williams, S. Wilson, Woodson, Wootten, Worshara,
Wright and Wynne—83.
Noes—Messrs. Brooks, Clarke, Collier, Franklin, Lundy, Prince, P. Founders, Staples,
Yaiden and West—1U.
Ordered, that Mr. Hunter carry the same to the senate, and re¬
quest their concurrence.
No. 89. An engrossed bill for ascertaining and enrolling the mili¬
tary force of the commonwealth, was taken up.
Mr. Sheffey moved that the rule 'be suspended, with a view to
reconsider the vote by which the bill was ordered to its engrossment;
and the question being on agreeing thereto, was put, and decided! in
the affirmative. The bill was then amended, on motion of Mr. Shef¬
fey; and as amended, read a second time, and ordered to be engrossed
and read a third time.
No. 90. A bill to raise troops to meet the requisition on Virginia
of the president of the Confederate States, was taken up and read a
second time.
Mr. Tomlin moved to amend the bill, by striking out the clause
thereof giving the election of the field officers of a regiment to the
commissioned officers of companies, and inserting in lieu thereof the
following: " to be elected by the members of the companies com¬
posing the same; and a majority of all the votes cast shall be neces¬
sary to a choice;" and the question being on agreeing thereto, was
put, and decided in the negative—Ayes 47, noes 52.
On motion of Mr. Tomlin, the vote was recorded as follows:
Ayes—Messrs. J. T, Anderson, F. T. Anderson, Baker, Barbour, Blue, Bouldin, Brad¬
ford, Brooks, Carpenter, Cazenove, J. J. Coleman, Collier, Crockett, Daniel, Dice, Fletcher,
Franklin, Friend, George, Gillespie, Gilmer, Grattan, James, Kaufman, Kyle, Laidley,
Lundy, Mallory, Montague, R. E. Nelson, Noland, Orgain," Pitman, Riddick, Roheitsm,
Sheffey, Staples, Steger, Thomas, Tomlin, Tredway, Vaiden, Walker, Ward, West, S. Wil¬
son and Wootten—47.
Noes—Messrs. Kemper (speaker), Baskervill, Bass, Bayse, Burks, Carter, Cecil, Clarke,
Dabney, J. D. Davis, R- J. Davis, Edmunds, Eggleston, Ewing, Fleming, Forbes, Har¬
rison, GatewoM, Green, Hopkins, Hunter, Huntt, Irby, Johnson, Jones, Jordan, Lively,
Lockridge, Mathews, McCaniant, A. W. McDonald, I. E. McDonald, McKiimey, Mc¬
Laughlin, Minor, Newton, Payne, Prince, Reid, Richardson, Rutherfoord, lb Sanudcis, If.
C. Saunders, Shannon, Sp^ady, Tate, Thrash, Vermillion, Williams, Woodson, Worshaiu,
Wright and Wynne—52.
Mr. Sheffey movedto amend the bill, hy inserting in the 1st sec¬
tion the words " thiilry-seven thousand six hundred, being a portion
of Virginia's military quota for the existing war." Pending the con¬
sideration of which,
On motion of Mr. Tomlin, the bill and amendment were laid upon
•the table.
No. S9. An engrossed hill for ascertaining and enrolling the mili-
house of delegates.
149
tary force of the commonwealth, was taken up, on motion of Mr.
Tomlin, two-thirds concurring, read a third time and passed—Ayes 94..
Ayes—Mcssis. Kemper (speaker), J. T. Anderson, F. T. Andersen, Baker, Barbour,
Baskervill, Bass, Bavse, Blue, Bouldin, Bradford, Brooks, Burks, Carpenter, Cazenove,
Cecil, Claike, J. J. Coleman, Collier, Cfockctt, Dabncy, Daniel, J. D. Davis, R. J. Davis,
Edmunds, Eggleston, Ewing, Fletcher, Forbes, Franklin, Friend, Garrison, Gatewood,
George, Gillespie, Gilmer, Grattan, Gi'een, Hunter, Huntt, Irby, James, Johnson, Jones,
Jordan, Kyle, Lively, Lockridge, Lundy, Lynn, Mallory, Mathews, McCamant, A. W. Mc¬
Donald, McKinney, Minor, Montague, R. E. Nelson, Newton, Noland, Orgain, Payne, Pit¬
man. prince, Reid, Richardson, Riddick, Rives, Robertson, Robinson, Rutlierfoord, P. Saun¬
ders, R. C. Saunders, Small, Sheffey, Spady, Staples, Steger, Tate, Thomas, Thrash, Tonilin,
Tredway, Yaiden, Vermillion, Walker, Ward, West, Williams, S. Wilson, Woodson, Woot-
ten, Worsham and Wynne—94.
Ordered, that Mr. Sheffey carry the same to the senate, and re¬
quest their concurrence.
Mr. Grattan moved that the house do now adjourn ; and the
question being on agreeing thereto, was put, and decided in the
negative—Ayes 17, noes 67.
* On motion of Mr. Anderson of Botetourt, the vote wTas recorded
as follows:
Ayes—Messrs. Brooks, Carpenter, Daniel, Ewing, Garrison, Gatewood, George, Gillespie,
Grattan, MoKinney, Orgain, Robinson, Small, Tate, Thomas, Tomlin and Ward—17.
Noes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Baskervill,
Blue, Bouldin, Bradford, Burks, Cazenove, Cecil, Clarke, J. J. Coleman, Collier, Crockett,
Dabncy, J. D. Davis, R. J. Davis, Edmunds, Eggleston, Fletcher, Forbes, Franklin,
Friend, Gilmer, Green, Hopkins, Hunter, Huntt, Irby, James, Jones, Jordan, Kyle, Lundy,
Lynn, Mallory, McCamant, A. W. McDonald, Minor, Montague, R. E. Nelson, Newton,
Noland, Payne, Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Rutherfoord,
P. Saunders, R. C. Saunders, Shannon, Spady, Staples, Steger, Thrash, Tredway, Ver¬
million, Williams, S. Wilson, Woodson, Wootten and Wynne—67.
The hour of three o'clock having arrived, the chair was vacated
until .7\ o'clock P. M.
EVENING SESSION.
Mr. Grattan moved that the house do now adjourn; and the
question being on agreeing thereto, was put, and decided in the
negative—Ayes 2, noes 6S.
On motion of Mr. Robertson, the vote was recorded as follows:
Ayes—Messrs. Carpenter and Grattan—2.
Noes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baskervill, Blue,
Bouldin, Burks, Cecil, Clarke, J. J. Coleman, Collier, Crockett, Dabney, J D. Davis, R. J.
Davis,'Dice, Edmunds, Eggleston, Ewing, Fleming, Fletcher, Forbes, Franklin, Gilmer,
Grcrn, Hopkins,'Huntt, Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Lively,
Lockridge, Lundy, Lynn, Mallory, Mathews, McCamant, A. W. McDonald, I. E. McDonald,
MeKinney, Minor, R, E. Nelson, Orgain, Payne, Prince, Reid, Riddick Rives, Robertson,
Rutlierfoord, 1*. Saunders, R. C. Saunders, Shannon, Spady, Thomas, Thrash, Tredway,
Yaiden, Vermillion, Walker, West, Williams, Worsham and Wright—63,
It appearing that no quorum voted, Mr. Mallory moved a call of
the house; and the question being on agreeing thereto, a quorum
appearing, Mr. Mallory, by leave of the house, withdrew the motion.
No. 90. A bill to raise troops to meet the requisition on Virginia
of the president of the Confederate States, with the amendment
thereto submitted by Mr. Sheffey, was taken up.
150
JOURNAL OF TIIE
On motion of Mr. Prince,
Resolved, that during the discussion of any amendment to a bill
to raise troops for Virginia's quota of the Confederate States army,
only ten minutes shall be allowed to any speaker.
The question being, on agreeing to the amendment submitted by
Mr. Sheffey, Mr. Sheffey, by leave of the house, withdrew the
amendment.
On motion of Mr. Orgain, the bill was laid upon the table.
Mr. Orgain submitted the following resolution :
Resolved, that the substitute submitted by Mr. Tomlin to senate
bill No. 19, entitled an act to raise and organize Virginia's quota of
the confederate army, as amended by the house, be printed for the
use of the members.
Mr. Newton moved to amend the resolution, by adding thereto,
" and that the bill prepared in committee by Mr. Bouldin, as a sub¬
stitute for house bill No. 90, entitled a bill to raise troops to meet
the requisition on Virginia of the president of the Confederate States,
be also printed for the use of the house; and the question being on
agreeing to the amendment, Mr. Grattan demanded the previous
question ; which was sustained by the house; and being put, was
decided in the affimative.
The question recurring on agreeing to the resolution as amended,
Mr. Grattan demanded the previous question; which was sustained
by the house; and being put, was decided in the affirmative.
On motion of Mr. Hunter, the house adjourned until Monday,
11 o'clock.
MONDAY, February 10, 1862.
Prayer by Rev. Mr. Woodbridge of the Episcopal church.
Mr. Orgain, from the committee on agriculture and manufactures,
presented the following bill :
No. 91. A bill to incorporate the West fork iron manufactory in
Floyd county.
No. 80. A bill to repair the road from the Warm springs, by
Huntersville, to Greenbrier river, at Marlin's Bottom, was taken up,
on motion of Mr. Lockridge, amended, and as amended, read a se¬
cond time, and ordered to be engrossed and read a third time..
On motion of Mr. Anderson of Botetourt,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of incorporating a com¬
pany to manufacture salt, at or near the Big Lick in the county of
Roanoke.
Mr. West submitted the following resolution; which being ob¬
jected to, was laid over under the rule :
Resolved, that the house, after to-day, meet at 10 o'clock A. M.
Until the militia bill now under consideration is passed.
HOUSE OF DELEGATES.
151
On motion of Mr. McCamant,
Resolved, that leave be given to bring in a bill providing for the
confiscation of lands of citizens of the United States lying west of
the Alleghany mountains, and transferring to loyal citizens of the
commonwealth rights to so much thereof as they may have just title
or claim to from or under grants from the commonwealth.
On motion of Mr. McDonald of Hampshire,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of authorizing by law the reorganization
of the militia who may not be drafted in the state quota to the Con¬
federate States, and a new election of field and company officers.
Mr. Daniel presented the petition of citizens of King George,
praying the exemption of Lawrence B. Edwards of the county of
King George from military duty; which was ordered to be referred
to the committee on military affairs.
No. 52. An engrossed bill to amend and re-enact an ordinance to
provide for the enrollment and employment of free negroes in the
public service, passed the convention July 1st, 1861, was taken up,
on motion of Mr. Tomlin.
Mr. Tomlin moved to suspend the rule, with a view to reconsider
the vote ordering the bill "to its engrossment; and the question* being
on agreeing thereto, was put, and decided in the negative.
Mr. Prince submitted the following ryder to the bill: "Provided,
that the pay, rations and allowances provided for in this act shall be
payable by the authorities of the Confederate States only;" which
was read a first and second times, and ordered to be engrossed and
read a third time; and the question being—Shall the bill pass? was
put, and decided in the affirmative.
Ordered, that Mr. Prince carry the same to the genate, and request
their concurrence.
No. 41. An engrossed bill to authorize the county court of Pow¬
hatan county to ^correct the assessment of the lands of A. S. Wool-
ridge's estate, was taken up, on motion of Mr. Dabney, read a third
time and passed—Ayes 79.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Bass, Bayse,
Booten, Bouldin, Bradford, Brooks, Burks, Cecil, Clarke, J. J. Coleman, H. N. Coleman,
Crockett, Dabney, Daniel, R. J. Davis, Dice, Edmunds, Eggleston, Ewing, Fletcher, Forbes,
Franklin, Garrison, Gatewood, George, Gillespie, Hopkins, Hunter, Irby, James, Johnson,
Kyle, Laidley, Lively,' Lockridge, Lundy, Lynn, Mallory, Mathews, McCamant, A. W.
McDonald, I. E. McDonald, McLaughlin, Minor, Montague, 5?. E. Nelson, Newton, Orgain,
Payne, Pitman, Prince, Reid, Riddick, Rives, Robertson, Robinson, Rutherfoord, P. Saun¬
ders, R. C. Saunders, Shannon, Spady, Staples, Steger, Tate, Thomas, Thrash, Tomlin, Tred-
way, Vaiden, Ward, West, Woodson,- Wootten, Worsham and Wright—79.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Brooks, from the joint committee to examine the register's
office, presented a report; which was laid upon ,the table.
A message was received from the senate by Mr. Christian, who
informed the house of delegates that the senate had passed house bill
entitled an act for ascertaining and enrolling the military forces of the
commonwealth.
152
journal of the
On motion of Mr. Robertson, the house resolved itself into secret
session.
No. 90. A bill to raise troops to meet the requisition on Virginia of
the president of the Confederate states, was to1 en up.
Mr. Tomlin, by wuy of amendment, submitted as a, subslituie for
the bill the substitute heretofore submitted by him to senate hill No.
19, entitled an act to raise and organize Virginia's quota of the con¬
federate army, as amended by the house.
The substitute, as submitted by Mr. Tomlin, was then amended,
on motions severally made.
Mr. Bouldin submitted', by way of amendment, a substitute to the
substitute submitted by Mr. Tomlin; and the question being on
agreeing thereto, Mr. Tomlin, by leave of the house, withdrew the
substitute submitted by him.
The Speaker ruled that the substitute submitted by Mr. Tomlin
to the bill, having been by leave of the house withdrawn, the sub¬
stitute thereto submitted by Mr. Bouldin fell with it.
Mr. Bouldin thereupon, by way of amendment, submitted the
substitute heretofore-submitted by him, as a substitute to the bill;
and the question being on agreeing thereto, Mr. Forbes demanded
the previous question ; and the question being—Shall the main ques¬
tion be now put, was put, and decided in the affirmative—Ayes 51,
noes 49.
On motion of Mr. Collier, the vote was recorded as.follows:
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Bayse, Burks, Carpenter, Carter,
Cazenove, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Crockett, Dabncy, Daniel, r.j.
Davis, Edmunds, Fleming, Forbes, Garrison, George, Gilmer, Hopkins, Hunter, Huntt,
Irby, Lockridge, Lynn, Mallory, Mathews, McCamant, I. E. McDonald, McLaughlin,
Montague, R. E. Nelson, Newton, Noland, Payne, Reid, Richardson, Riddiek, Robertson,
Rutherfoord, Spady, Steger, Tate, Thomas, Tredway, West, Williams, Worsham and
Wright—5L
Noes—Messrs. J. T. Anderson, Baker, Barbour, Baskervill, Bass, Blue, Booteu, Bouldin,
Bradford, Brooks, Buford, Collier, J. D. Davis, Dice, Eggleston, Fletcher, Franklin, (Sate-
wood, Gillespie, Grattan, Green, James, Johnson, Jones, Jordan, Kyle, Laidley, Lively,
A. W. McDonald, Minor, Orgain, Pitman, Prince, Rives, RobinStin, P. Saunders, R. (1.
Saunders, Shannon, Sheffey, Sherrard, Small, Staples, Thrash, Tomlin, Vaiden, Ward,
Woodson, Woottcn and Wynne—49. ' «
The question recurring on agreeing to the substitute, was put,
and decided in the affirmative.
Mr. Jones moved the following amendment to the bill, by way of
addition thereto:
" Whenever it shall appear to the satisfaction of the governor,
that any county, city or town has furnished, by voluntary enlistment,
directly to the Confederate States the quota of men required by this
act, then the draft from the militia of said county, city and town,
herein directed, shall not be made, or if commenced, shall be sus¬
pended."
And the question being on agreeing thereto, was put, and decided
in the negative.
The bill as amended was then read a second time, and ordered to
be engrossed and read a third time.
No. 82. A bill imposing taxes for the support of government, was
taken up, on motion of Mr. Barbour, and postponed to, and made
HOUSE OF DELEGATES.
153
the special order of the day for Wednesday the 19th instant, at 11
o'clock, and so on from day to day until disposed of.
No. 73. A bill to authorize the organization of ten companies of
rangers, was taken up, on motion of Mr. Anderson, amended, and
on motion of Mr. Robertson, laid on the table. .
On motion of Mr. Robertson,
Resolved, that the resolution heretofore adopted requiring the chair
to be vacated at 3 o'clock and resumed at 7& o'clock, be repealed.
No. 90. An engrossed bill to raise troops to meet the requisition
on Virginia of the president of the Confederate States, was taken
lip, two-thirds concurring, on motion of Mr. Robertson.
Mr. Anderson of Botetourt submitted the following ryder to the
hill; which was read a first and second times :
"Provided nothing in this act contained shall be so construed as
to prohibit the formation of companies of volunteers for three years,
not now in actual service."
Mr. Green moved to amend the ryder, by adding thereto the fol¬
lowing :
"Volunteer companies with not less than eighty, rank and file,
may re-enlist under their existing organizations-, or may form1 new
ones-at the expiration of their present term of service."'
And the questioii being on agreeing thereto, Mr. Lockridge de¬
manded the previous question; which was sustained by the house ;
and being put, was decided in the negative.
The question being—Shall the. ryder be engrossed and read a third
time ? was put, and decided in the negative—Ayes 39, noes 50.
On motion of Mr. Woodson, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Bayse, Brooks, Buford, Burks, Carpen¬
ter, Clarke, Collier, J. D. Davis, Eggleston, Fletcher, Franklin, Gatewood, George', Grattan,
Green, James, Johnson, Jones, Jordan, Kyle, Laidley, Lively, Lundy, Mallory, Mathews,
A. W. McDonald, McLaughlin, Minor, Orgain, Pitman, Prince, Rives, Robinson, Small,
Sherrard, Staples, Tomlin and Wootten—40.
Noes—Messrs. Kemper (speaker), Barbour, Baskervill, Bass, Blue, Booten, Bouldin,
Bradford, Carter, Cazenove, Cecil, J J. Coleman, H. N. Coleman, Crockett, Dabney, Daniel,
R. J. Davis, Dice, Edmunds, Fleming, Forbes, Garrison, Hopkins; Hunter, Huntt, Irby,
Lockridge, Lynn, McCamant, I. E. McDonald, Montague, Newton, Noland, Payne, Reid,
Richardson, Robertson, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Sheffey, Steger,
Tate, Thomas, Thrash, Tredway, Ward, West, Williams, Woodson, Worsham, Wright and
Wynne—54.
A message was received from the senate by Mr. Douglas, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to raise troops to meet the requisition on Virginia by the
president of the Confederate States; in which they respectfully re¬
quested the concurrence of the house of delegates.
On motion of Mr. Robertson,
Resolved, that the bill under consideration be laid upon the table.
No. 58. A senate bill .entitled an act to raise troops-to meet the
.requisition on Virginia of the president of the Confederate States,
was taken up, on motion of Mr. Robertson, and read a first and
second times, and on motion of Mr. Sheffey, read a third time; and
the question being—Shall the bill pass ? Mr. Forbes demanded the
previous question ; which was sustained by the house; and being
put, was decided in the affirmative—Ayes 77, noes 20.
20
154
JOURNAL OF THE
On motion of Mr. Mallouy, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, linker, Harbour,
Raskcrvill, Bass, Bavse, Blue, Booten, Bouldin, Bradford, Brooks, Bulks, Carpenter, Carter,
Cazenove, Cecil, J. ,T. Coleman, H. N. Coleman, Crockett, Dabney, Daniel, J. Ik Davis,
R. J. Davis, Dice, Edmunds, Fleming, Forbes, Garrison, Cutewood, Cordon, Hopkins,
Hunter, Huntt, Irby, James, Johnson, Jordan, Kyle, Laidley, Lively, Loekriiige, I/ynn,
Mallory, Mathews, McCamant, I. E. McDonald, McLaughlin, Montague, Newton, Nolaial,
Payne, Pitman, Prince, Reid, Richardson. Riddick, Robertson, Rutherlbord. P. Saunders,
R. C. Saunders, Shannon, SheflCy, Steger, Tale, Thomas, Thrash, Tomliu, Tredway, Ward,
West, Williams, Wootten, Worshani, Wright and Wynne—77.
Noes—Messrs. Buford. Clarke, Collier, Egglestou, Fletcher, Franklin, George, Gruttsn,
Green, Jones, Lundy, A. W. McDonald, Minor, Orgain, Rives, Robinson, Small, Sherraul,
Staples and Woodson—20.
Ordered, that the clerk inform the senate thereof.
Mr. Davis of Campbell submitted the following resolution:
Resolved, that five thousand copies of the act just passed be
printed for the use of the house.
Mr. Cazenove moved to amend the resolution, by including therein
the act for ascertaining and enrolling the military forces of the com¬
monwealth ; and the question being on agreeing thereto, was put,
and decided in the affirmative.
Mr. Barbour moved to amend the resolution as amended, by stri¬
king out " five thousand," and inserting one thousandand the
question being on agreeing thereto, was put, and decided in the
affirmative.
The question recurring upon agreeing to the resolution as amended,
was put, and decided in the affirmative.
On motion of Mr. Tomlin,
Resolved, that the injunction of secrecy be removed from all pro¬
ceedings of the house during the present session.
On motion of Mr. Jones, the house adjourned until to-morrow,
12 o'clock.
TUESDAY, February 11, 1862.
Prayer by Rev. Mr. Woodbridge of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 10, 1802.
The senate have passed a bill entitled:
An act refunding to the county of Amherst a license tax paid hy
George L. Shrader, advanced to him by the county court of said
county, No. 40.
In which they respectfully request the concurrence of the house
of delegates.
No. 40. A senate bill entitled an act refunding to the co inty of
Amherst a license tax paid by George L. Shrader, advanced to him
by the county court of said county, was read a first and second times,
and on motion of Mr. Davis of Amherst, read a third time and
passed—Ayes 84, noes 4.
HOUSE OF DELEGATES.
155
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Bass,'Bayse,
Blue, Booten, Bouldin, Bradford, Brooks, Buford, Burks, Carpenter, Cecil, Clarke, J. J.
Coleman, II. N. Coleman, Crockett, Dabney, Daniel, J. D. Davis, K. J. Davis, Dice,
Eggle'ston, Fletcher, Forbes, Franklin, Gatewood, George, Gillespie, Gilmer, Green, Hop-
kius, Hunter, Huntt, Irby, James, Johnson, Kyle, Laidley, Lively, •Lockridge, Lundy,
Lynn, Mallory, Mathews, McCamant, A. W. MeDonakl, McKinney, McLaughlin, Mon¬
tague, R. E. Nelson, Noland, Orgain, Payne, Pitman, Prince, Richardson, Elves, Robert¬
son, Robinson, P. Saunders, R. C. Saunder^, Shannon, Sheffey, Sherrard, Small, Spady,
Staples, Steger, Tate, Taylor, Thrash, Tredway, Tyler, Yaiden, Vermillion, Ward, West,
Williams, Woolfolk, Wootten and Worsham—84.
Noes—Messrs. Edmunds, Gordon, Minor and Reid—4.
Ordered, that the clerk inform the senate thereof.
Mr. Newton, from the committee of schools and colleges, pre¬
sented aB adverse report to the petition of the commissioners of the
free'schools of Richmond city, asking that their portion of the Lite¬
rary fund and capitation, tax be restored to them, and appropriated
as heretofore.
Mr. Newton, from the committee on finance, presented the follow¬
ing bills:
No. 92. A bill imposing a tax on dogs in the county of Alleghany.
No. 9-3. A bill to provide for the payment of interest to loyal citi¬
zens on certain bonds guaranteed by the commonwealth; which said
last mentioned bill was read a first time, and ordered to be read a
second time.
Mr. Robertson, from the committee on banks, presented the fol¬
lowing bill:
No. 94. A bill ta convert the branch of the Northwestern Bank
of Virginia at Jefiersonsville into a separate and independent bank. •
Mr. Robertson, from the joint committee upon the subject of the
organization, &c. of the military forces of the commonwealth, pre-
' seated the following bill:
No. 95. A bill amending and re-enacting, the second section of
chapter 22 of' the Code of Virginia, respecting persons exempt from
all military duties, and providing the mode of exemption; which
was read a first time, and ordered to be read a second time.
Mr. McKinney, from the special committee appointed to enquire
and report what judges and other salaried officers in the judicial de¬
partment ought to be prohibited from receiving their salaries, pre¬
sented a report; which, on his motion, was laid on the table and
ordered to be printed. Doc. No. 55.
Mr. Mathews, from the joint committee to examine the treasurer's
office, presented a report; which was laid upon the table.
On motion of Mr. Bass,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to Dr. Henry C. Stevens of Roanoke
the amount of a license tax, which, by reason of his volunteering in
the army, was of no use to him.
On motion of Mr. Jones (for Mr. Wright),
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to Joel E. Bray of King & Queen
county, a certain license tax heretofore paid by him.
On motion of Mr. Tate,
Resolved, that the committee of claims enquire into the expediency
JOURNAL OF THE
of remunerating Rev. R. II. Phillips of Staunton for loss and damage
to his property which was taken possession of through military ne¬
cessity for use of the state.
The Speaker laid before the house a communication from the
governor, enclosing a tabular statement made, up from the reports of
the banks of the commonwealth of January 1st, 1H62 ; which was
laid 011 the table and ordered to be printed. Doc. No. 5(5.
Mr. Saunders of Campbell submitted the following resolution:
Resolved, that with the consent of the senate, a -joint committee
of the two houses be appointed to communicate to the secretary of
war of the Confederate States the passage of an act to raise troopN
to meet the requisition on Virginia by the president of the Confede¬
rate States, and to confer with the secretary of war for the purpose
of promoting harmony between the act of congress and this act of
the general assembly.
And the question being on agreeing thereto, Mr. Prince moved
the indefinite postponement of the resolution; and the question being
on agreeing thereto, Mr. James demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative—Ayes 54, noes 46.
On motion of Mr. Rives, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Bass, Bayse, Booten, Brooks, Iiuford,
Burks, Carpenter, Carter, Clarke, Collier, Crockett, Dabney, Eggleston, Ewing, Fletcher,
Franklin, Gatewood, George, Grattan, Green, Huntt, Irby, James, Johnson, .Jones, Jordan,
Kyle, Laidley, Lively, Lundy, Mathews, McCaniant, A. W. McDonald, I. E. McDonald,
McLaughlin, Minor, Orgain, Pitman, Prince, Richardson, Rives, Robinson, Rntlicrfoord,
Small, Sherrard, Staples, Taylor, Tyler, Vaiden, Vermillion, Woolfoik and Wootfen—f>4.
Noes—Messrs. Kemper (speaker), Baker, Baskervill, Blue, Bouldin,. Bradford, Ciize-
nove, Cecil, J. J. Coleman, H. N. Coleman, Daniel, J. D. Davis, R. J. Davis, Dice, Ed¬
munds, Fleming, Forbes, Gillespie, Gilmer, Gordon, Hopkins, Hunter, Loekridge, Monta¬
gue, E. E. Nelson, Newton, Noland, Payne, Keid, Riddick, Robertson, P. Saunders, K. C.
Saunders, Shannon, Slieffey, Spady, Steger, Tate, Thomas, Thrash, Tomlin, Tredway,
Ward, Williams, Woodson and Worsham—46.
Mr. James moved a suspension of the rule, with a view to recon¬
sider the vote of the house rejecting
No. 50. A bill for the relief of John Avis, late jailor of Jefferson
county; and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Ward, the bill was laid on the table.
No. 43. An engrossed bill releasing the securities of Thomas K.
Davis, late sheriff of Prince William county, from the payment of
damages, was taken up, on motion of Mr. Lynn, read a third time
and passed—Ayes 94.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Baskervill,
Bass, Bayse, Blue, Booten, Bouldin, Bradford, Buford, Burks, Carpenter, Carter, Ca/.enove,
Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Crockett, Dabney, Daniel, Dice,
Edmunds, Eggleston, Ewing, Fleming, Fletcher, Forbes, Franklin, Friend, Gatewood,
George, Gillespie, Gordon, Green, Hopkins, Huntt,, Irby, .Tames, .Johnson, .Tones, Jordan,
Kyle, Laidley, Lively, Loekridge, Lundy, Mallory, Mathews, MeCainant, A. W. McDonald,
I. E. McDonald, McKinnev, McLaughlin, Minor, Montague, R. E. Nelson, Newton, Noland,
Orgain, Payne, Pitman, Prince, Reid, Riddick, Eives, Robinson, Rntlicrfoord, P. Saunders,
Shannon, Shctfey, Sherrard, Small, Spady, Staples, Steger, Tate, Taylor, Thomas, TluaJi,
Tredway, Tyler, Vaiden, Vermillion, Ward, West, Williams, Woodson, Woolfoik, Wooden
and "Worsham—114.
No. 91. An engrossed bill compensating Norman C. Smoot au(l
HOUSE OF DELEGATES.
157
James Candy, commissioners of the revenue for the county of Hamp¬
shire, for services performed, was taken up, on motion of Mr. Blue,
read a third time and passed—Ayes 95.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baskervill, Bass,
Bayse, Blue, Booten, Bouldiu, Bradford, Brooks, Buford, Burks, Carpenter, Carter, Caze-
nove, Cecil, Clarke, J. J. Coleman, H. N/Coleman, Collier, Crockett, Dtibnoy, Daniel, R.
J. Davis, Dice, Egglestou, Ewing, Fleming, Fletcher, Forbes, Franklin, Friend, Gatewood,
George, Gillespie, Gilmer, Gordon, Green, Hopkins, Hunter, Huntt, Jrby, James, Johnson,
Jones, Jordan, Kyle, Laidley, Lively, Lockridge, Lundy, Mathews, McCamant, A. W. Mc¬
Donald, I. E. McDonald, McKiuney, McLaughlin, Minor, Montague, K. E. Nelson, New¬
ton, Noland, Orgain, Payne, Pitman, Prince, Keid, Eiddick, R ivies, Eobinson, Eutherfoord,
P. Saunders, Shannon, Shelter, Sherrard,"Small, Spady, Staples, Steger, Tate, Taylor, Tho¬
mas, Thrash, Tredway, Tyler, Vaiden, Yermillion, Ward, West, Williams, Woodson, Wool-
folk, Wootten and Worsham—95. *
No. 64. An engrossed bill to constitute a corps more effectually
to collect the arms of the state and Confederate States not in actutil
Service, was taken up, on motion of Mr. Prince, rend a third time
and passed—Ayes 89.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baskervill, Bass,
Bayse, Blue, Booten, Bouldin, Bradford, Br°oks, Burks, Carter, Cazcumve, Cecil, Clarke,
J. J. Coleman, H. N. Coleman, Collier, Crockett, Dahney, Daniel, J. D. Davis, E. J. Davis,
Dice, Edmunds, Eggleston, Fleming, Fletcher, Forbes, Gatewood, George, Gillespie, Gil¬
mer, Gordon, Grattan, Green, Hopkins, Hunter, Huntt, Irby, Johnson, Jones, Kyle, Laid¬
ley, LivelyT, Lockridge, Lundy, Lynn, Mathews, McCamant, A. W. McDonald, MeKinney,
Minor, Montague, E. E. Nelson, Newton, Noland, .Orgain, Pitman, Prince, Eeid, Richard¬
son, Eiddick, Rives, Robertson, Robinson, Rutherfoord, P. Saunders, Shannon, Sheffey,
Sherrard, Small, Staples, Steger, Tate, Thomas, Thrash, Tomlin, Tredway, Tyler, Vaiden,
Vermillion, Ward, Williams, Woodson, Woolfolk, Wootten and Worsham—89.
Ordered,, that the clerk communicate the foregoing bills to the se¬
nate, and request their concurrence.
The Speaker laid before-the housed communication from the go¬
vernor in relation to the proper organization of corps for the defence
of the cities and towns of the commonwealth; which was read, and
on motion of Mr. Anderson of Botetourt, referred to the committee
on military affairs.
On motion of Mr. Forbes, the house resolved itself into secret
session.
Mr. Forbes submitted the following resolution :
Resolved by the general assembly, that a joint committee of both
houses, consisting of members of the house and members
of the senate, be appointed to confer with the president of the Con¬
federate States in respect to the defences of the city of Richmond,
and to make known to him the anxious desire of the people of Vir¬
ginia to contribute all the aid in their power to the perfection of said
defences; and the question being 011 agreeing thereto, was put, and
decided in the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The' Speaker announced the following committee under the reso¬
lution adopted by the house on yesterday in relation to the confisca¬
tion of lands of citizens of the United States lying west of the Alle¬
ghany mountains, &c.: Messrs. McCamant, Staples, James, Coleman
of Fayette, and George. *
On motion of Mr. Rives,
Resolved, that the names of Messrs. Gilmer and Nelson of Flu-
158
JOURNAL OF TIIE
vanna be entered upon the journal as voting for the senate bill
passed on yesterday, entitled an act to raise troops to meet the requi¬
sition on Virginia of the president of the Confederate States.
On motion of Mr. Bradford, the house adjourned until to-mor¬
row, 11 o'clock.
WEDNESDAY, February 12, 1862.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 11, 1802.>
The senate have passed a bill entitled:
An act to protect Joyal citizens whose property may be sold by
officers under illegal process, No. 54.
In which they respectfully request the concurrence of the house
of delegates.
No. 54. A senate bill to protect loyal citizens whose property may
be sold by officers under illegal process, was read a first and second
times, and referred to the committee for courts of justice.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 96. A bill to reorganize the 17th and 28th brigades Virginia
militia.
Mr. Newton, from the committee on finance, presented an adverse
report to the petition of Francis Thornton, sheriff of the county of
Campbell, praying that in paying the taxes for the present year into
the treasury, he might be allowed a credit for the amount of damages
paid by him on the license tax of this year.
The Speaker laid before the house a communication from the
governor, enclosing the semi-annual report of Brevet Major General
Francis H. Smith, superintendent of the Virginia military institute,
to the board of visitors; which was laid on the table and ordered to
be printed. Doc. No. 57.
No. 95. A bill amending and re-enacting the 2d section of chapter
22 of the Code of Virginia, respecting persons exempt from all
military duties, and providing the mode of exemption, was taken
up, on motion of Mr. Robertson, and recommitted to the joint com¬
mittee by which it was reported.
Mr. Blue submitted the following resolution :
Resolved, that with the concurrence of the senate, .t.his house will
proceed, on Thursday the 20th instant, to the election of a secretary
of the commonwealth, a treasurer, an auditor of public accounts, a
second auditor, a register of the land office, a public printer, a super¬
intendent of the penitentiary, and a general agent and storekeeper of
the penitentiary ; which, on motion of Mr. Bass, was laid on the table.
On motion of Mr. Montague,
Resolved, that the committee on the penitentiary be empowered,
HOUSE OF DELEGATES.
159
in investigating the alleged frauds and abuses in the management of
the penitentiary, to send for persons and papers.
Mr. Woodson submitted the following resolutions; which being
objected to, were laid over under the rule:
Resolved by the general assembly, that our representatives in con¬
gress be instructed to use their best efforts to procure the passage of
a law by congress reducing the pay of the officers of the army, espe¬
cially of the quartermaster's, commissary and surgical departments,
and increasing the pay of the privates, so as to reduce, as far as prac¬
ticable, the expenses of the war, consistently with its successful
prosecution.
Resolved, that we hereby pledge the faith of the state to an in¬
crease of the pay of her privates in this war; and if congress shall
fail to provide for such increase, the general assembly of Virginia
pledges itself to do so.
Mr. Tomlin submitted the following resolution:
Resolved by the general assembly, that the governor of the com¬
monwealth be requested to procure from the president of the Con¬
federate States the immediate discharge of any portion of the Vir¬
ginia militia not now absolutely required by the public service.
Mr. Forbes moved to amend the resolution, so that it would read
as follows:
" Resolved by the general assembly, that the governor of the com¬
monwealth be requested to confer with' thp president of the Con¬
federate States, and endeavor to procure the discharge of such por¬
tion of the Virginia militia as is not necessarily required by the
public service."
. And the question being on agreeing thereto, was put, and decided
in the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
Ordered, that Mr. Tomlin carry the same to the senate, and re¬
quest their concurrence.
The Speaker laid before the house the petition of John Mcintosh,
60th regiment of Virginia volunteers, praying compensation for ser¬
vices performed ; which was ordered to be referred to the committee
on military affairs.
On motion of Mr. McKinney,
Resolved, that the committee on military affairs be requested to
enquire into the expediency of reporting a bill to furnish horses to
those who volunteer in the cavalry service of the state, retaining the
forty cents per diem until the purchase money is refunded.
Mr. Wynne, from a special committee, presented the following
bill:
No. 97. A bill incorporating the Dover coal mining company.
No. 73. A bill to authorize the organization of ten companies of
rangers, was taken up, on motion of Mr. Lockridge, read a second
time, and ordered to be engrossed and read a third time.
The report of the joint committee appointed to correspond with
160
JOURNAL OF THE
the lessees of the salt works, was taken up, on motion of Mr.
Crockett, and on motion of Mr. McCawant, laid upon the table.
A message was received from the senate by Mr. Sbitlkr, who in¬
formed the house of delegates that the senate liad agreed to the joint
resolution concerning the discharge of such portion of the. Virginia
militia as is not necessarily required by the public service.
No. -2d. A senate bill entitled an act providing for the appoint¬
ment of additional clerks in the office of the auditor of public ac¬
counts, with the amendments thereto proposed by the committee on
finance, was taken up and laid on the table.
No. 10. A senate bill entitled an act to amend section 11 of chap¬
ter 163 of the Code, in relation to the removal of the records and
papers of courts, with the amendments thereto proposed by the com¬
mittee for courts of justice, was taken up.
The amendments were agreed to, and the bill read a third time
and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 7. A senate bill entitled an act concerning treasury notes,
was read a third time and passed.
Ordered, that the clerk inform'the senate thereof.
On motion of Mr. Collier, the house adjourned until to-morrow,
12 o'clock.
THURSDAY, February 13, 1862.
Prayer by Rev. Mr. Woodbridge of the Episcopal church.
Mr. Minor submitted the following resolution :
Resolved, that after this day the hour of meeting of the house
shall be 11 o'clock A. M.; which being objected to, was laid over
under the rule.
On motion of Mr. Clarke,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of reporting a bill to confer
the same power on the county court of Washington county in regard
to regulating ferries, that the courts of Russell and Wise counties
now have.
On motion of Mr. Eggleston,
Resolved, that the committee on military affairs be instructed'to
enquire into the expediency of paying the members" of the 86th re¬
giment Virginia militia commutation for clothing whilst employed in
the military service of the state of Virginia, under a proclamation of'
the governor. >
Mr. James presented the petition of citizens of Botetourt county,
praying the passage of a law to prevent the distillation of grain.
On motion of Mr. James,
Resolved, that the memorial just presented be referred to a special
committee.
IIOUSE OF DELEGATES.
161
The Speaker announced the following committee under the reso¬
lution: Messrs. Woodson, James, Bass, Tredway, Fleming, Orgain
and Payne.
No. 93. A "bill to provide for the payment of interest to loyal citi¬
zens on certain bonds guaranteed by the commonwealth, was taken
up, on motion of Mr. Minor, read a second time, and ordered to be
engrossed and read a third time.
Mr. Tiirash presented the petition of Capt. C. M. Stegleman's
company of Floyd volunteers, praying that the distillation of grain
be prohibited in the county of Floyd; which was ordered to be re¬
ferred to the special committee on that subject.
On motion of Mr. Blue,
Resolved, that, with the concurrence of the senate, the committees
on the armory of the two houses be and they are hereby constituted
a joint committee for the examination of said armory.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Tomlin presented the petition of George Taylor in relation to
the validity of his securityship on the bond of Robert M. Nimmo,
penitentiary storekeeper; which was ordered to be referred to the
committee to examine the penitentiary.
Mr. Thomas presented the memorial of Robert M. Nimmo, peni¬
tentiary storekeeper, on the subject of the validity of his official#
bond; which was ordered to be referred to the committee to ex¬
amine the penitentiary.
A message was received from the senate by Mr. Thompson, who
informed the house of delegates that the senate had passed .house bill
entitled an act to amend and re-enact the ordinance to provide for
the enrollment and employment of free negroes in the public service,
passed by the convention July 1st, 1861, with amendments : in which
amendments they respectfully requested the concurrence of the house
of delegates.
Mr. McCamant, from a special committee, presented the following
bill:
No. ,98. A bill confiscating lands of citizens of the United States
lying west of the Alleghany mountains, and when said lands are
claimed by loyal citizens under grants from the commonwealth, to
transfer the same to them.
The report of the committee of privileges and elections upon the
legality of the election held in the county of Pendleton on the 10th
January 1S02, was taken up, on motion of Mr. Blue.
Mr. Woodson presented the memorial of E. T. Saunders in rela¬
tion to said election, and praying that it might be declared ilh gal
and void.
On motion of Mr. Sheffey, the report and memorial were laid
upon the table.
Oii motion of Air. Robertson, the house resolved itself into secret
session.
Mr. Robertson, from the joint committee, to whom had been
recommitted
21
162
JOURNAL OP THE
No. 95. A bill amending and re-enacting the 2d section of chapter
22 of the Code, respecting persons exempt from all military duties,
and providing the mode of exemption, reported the same with
amendments.
The bill and amendments were taken up. Tending the considera¬
tion of which,
On motion of Mr. Jones, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, February 14, 1862.
Prayer by Rev. Mr. Woodbridge. of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 15, 1862.
The senate have agreed to the amendments proposed by the house
of delegates to senate bill entitled:
An act to amend section 11 of chapter 16-3 of the Code, in rela¬
tion to the removal of the records and papers of courts, No. 20.
The amendments proposed by the senate to house bill entitled an
act to amend arid re-enact an ordinance to provide for the enrollment
and employment of free negroes in the public service, passed by the
convention July 1st, 1861, were taken up and agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Anderson, from the committee on military affairs, presented
the following bills:
No. 99. A bill for the relief of Joel D. Ashbury, W. Lewis and
others, being the officers and crew of the York Spit light vessel.
No. 101. A bill to authorize the governor to organize and call out
the military force of cities and towns for their defence; which last
mentioned bill was read a first time, and ordered to be read a second
time.
Mr. Woodson, from a special committee, presented the following
bill :
No. 101. A bill to prevent the unnecessary consumption of grain
by distillers and other manufacturers of spirituous and malt liijiiois;
which was read a first time, and ordered to be read a second time.
Mr. Montague presented the petition of citizens of Montgomery,
praying the passage of an act to prevent the distillation of grain;
which was ordered to be referred to the special committee on that
subject.
Mr. Crockett presented the petition of the Rev. Thomas Goodwin
and two hundred and fifty other citizens of Wythe, praying for the
passage of an act to prevent the distillation of grain.
Mr. Thrash presented a similar memorial from citizens of the
county of Floyd, and also the proceedings of'a public meeting in
Floyd county, asking the passage of an act to prevent the distillation
of grain.
HOUSE OF DELEGATES.
163
Mr. Bass presented a letter from P. P. Huff of Roanoke county,
on the same subject.
All of which were ordered to be referred to the special committee
on the subject of prohibiting the distillation of grain.
On motion of Mr. Robertson,
Resolved, that pending the consideration of bills concerning mili¬
tary organization or state defence, the house resolve itself into secret
session daily at 12J o'clock; the chair be vacated at 3, and resumed
at 7-i o'clock.
On motion of Mr. Flood,
Resolved, that the committee on finance enquire into the expe¬
diency of extending the time within which commissioners of the
revenue shall deliver their assessments to clerks of courts and to
sheriffs, and transmit copies thereof to the auditor of public accounts.
The hour of 12£ o'clock having arrived, the house, under the
resolution this day adopted, resolved itself into secret session.
No. 95. A bill amending and re-enacting the second section of
chapter 22 of the Code of Virginia, respecting persons exempt from
all military duties, and providing the mode of exemption, with the
amendments proposed thereto by the joint committee, being the
unfinished business of yesterday, was taken up.
Mr. McCaMant submitted the following resolution <
Resolved, that in the discussion of the bill under consideration,
and the amendments which may be offered thereto, no member of
the house shall be allowed to speak more than ten minutes, nor more
than twice upon the.same subject; and the question being on agree¬
ing thereto, Mr. Grattan demanded the previous question ; which
was sustained by the house; and being put, was decided in the
affirmative.
The first amendment proposed by the committee, exempting the
lieutenant governor from draft, was agreed' to.
The second amendment, exempting the collector of taxes of a cor¬
poration, was passed over.
The third amendment of the committee, exempting the president
and superintendent of each telegraphic company, was taken up.
Mr. Wynne moved to amend, by inserting- "the president and
superintendent of each telegraphic company, not exceeding four
persons;" and the question being on agreeing thereto, was put, and
decided in the affirmative.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative.
The fourth amendment proposed by the committee being conse¬
quential, was concurred in.
T1 le fifth amendment proposed by the committee, striking out the
provision of the bill exempting such detectives arid members of the
police of atiy city or town as might in the opinion of the governor
be essential to protect public property and preserve the public peace,
was concurred in.
The following, proposed by the committee as an independent sec¬
tion, to come in after the first section, was taken up:
164
JOURNAL OF THE
"If the constituted authorities of any city or town shall, within
twenty days after any draft has been made therefrom, apply to the
governor for the purpose, he shall exempt from actual military ser¬
vice any drafted person who may be an officer of such city or town,
or in its service in connection with its gas or water works.or fire and
police departments: and if within twenty days after any draft, the
president and superintendent of any rail road company shall certify
to the governor that the services of any drafted person who is an
officer or employee of such company, are necessary to the* efficient
operation of such road, the governor shall exempt such person from
actual military service: and any person exempted under this section
shall be deemed to be detailed for duty in the post or place he filled
at the time he was drafted: and in case he shall leave the service of,
such city, town or company, lie shall at once be remanded to the
military service for which he was drafted. And if any such person
shall fail, for ten days after leaving such service, to report himself to
the governor or to some military officer for duty as a soldier, he shall
be proceeded against as a deserter. The governor shall promptly
cause the places of all persons exempted under this section to be
filled by further draft from the respective counties, cities and towns
from which such persons were drafted. It shall be the duty of the
president of a company, or the mayor of a city or town, as the case
may be, promptly to report to the governor the name of any person
so exempted, who may have left the- service for which he was de¬
tailed."
Mr. Hopkins moved to amend the amendment, by striking ovit
"or town;" and the question being on agreeing thereto, Mr. Bukks
demanded the previous question ; which was sustained by the house;
and being put, was decided in the affirmative.
Mr. Forbes moved to amend the amendment, by striking out the
word " shall" and inserting " may in his discretionso that the
amendment would read " the governor may in his discretion exempt,"
&c.; and the question being on agreeing thereto, Mr. Tate demanded
the previous question; which was sustained by the house; and being
put, was decided in the affirmative.
Mr. Anderson of Rockbridge moved to amend the amendment,
by striking out all that portion thereof which authorizes the gover¬
nor to exempt rail road officers and employees when drafted; and
the question being on agreeing thereto, Mr. ForbIis demanded the
previous -question; which was sustained by the house; and being
put, was decided in the negative.
Mr. Hunter moved to amend the amendment, by excluding from
the operation thereof the Winchester and Potomac rail road ; and
the question being on agreeing thereto, Mr. Burks demanded the
previous question ; which was sustained by the house ; and being
put, was decided in the negative.-
Mr. Forbes moved to amend the amendment, by inserting the
words "upon their honor," so that the certificate of the president
and superintendent of a rail road company should be upon their
honor; and the question being on agreeing thereto, Mr. Tate de-
HOUSE OF DELEGATES.
165
manded the previous question ; which was sustained by the house;
and being put, was decided in the affirmative.
Mr. Minor moved to amend the amendment, by striking out all
that portion thereof providing that officers and employees of a city
or company "shall be deemed detailed for duty," &c. down to the
word " deserter;" and the question being on agreeing thereto, Mr.
Nelson of Fluvanna demanded the previous question ; which was
sustained by the house; and being put, was decided in the negative.
Mr. Robertson moved to amend the amendment, by inserting
after the word " drafted" (in reference to those detailed for duty in a
city or company), " without the pay of a soldierand the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. Steger moved to amend the amendment, so as to make it
read, any drafted person who may be " at the time of the draft" an
officer, &c.; and the question being on agreeing thereto, Mr. Forbes
demanded the previous question ; which was sustained by the house;
and being put, was decided in the affirmative.
The question recurring upon agreeing to the amendment of the
committee as amended, Mr. Collier demanded the previous ques¬
tion ; which was sustained by the house ; and being put, was decided
in the affirmative.
A message was received from the senate by Mr. Johnson, who
informed the house of delegates that the senate had passed a bill en¬
titled an act amending and re-enacting the "2d section of chapter 22
of the Code of Virginia, respecting persons exempt from all military
duties, and providing the mode of exemption : in which they respect¬
fully requested the concurrence of the house of delegates.
The hour of recess having arrived, the chair was vacated until
o'clock P. M.
EVENING SESSION.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a communication from the president of the auditing
boa I'd, ancbsundry papers from the acting quartermaster of Virginia,
embracing a correspondence with the quartermaster general of the
Confederate States; which were read, and on motion of Mr. McCa-
mant, laid on the table and ordered to be printed. Doc. No. 58.
The Speaker laid before the house a communication from the go¬
vernor, transmitting a letter from W. N. Edwards, president of the
convention of North Carolina, enclosing an ordinance of that body,
entitled an ordinance to incorporate the Piedmont rail road company;
which were read, and on motion of Mr. McCamant, referred to the
committee to confer with the confederate government in relation to
the rail road connections between Virginia and North Carolina, and
ordered to be printed. Doc. No. 59.
The Speaker laid before the house a further communication from
the governor; which was read as follows ;
166
JOURNAL OF THE
Executive Department, Feb. 1-3, 1 S(»2.
Gentlemen of the Senate and House of Delegates:
It is my duty to inform you of the death of Brigadier
General James Boggs, commanding the ISth brigade of the Virginia
militia, in order that you may fill the vacancy.
In making this communication, I would be unfaithful to the obli¬
gations of personal friendship, if I did not bear cordial testimony to
his integrity, his unsullied honor, and his devoted patriotism. lie
filled various public trusts, and discharged their duties wirli scru¬
pulous fidelity. For many years he filled the office of justice of the
peace, and at the time of his death was the presiding justice of the
county court of Pendleton, brigadier general of the militia, and mem¬
ber elect to the house of delegates. In all the relations of life, as
husband, father, citizen, friend, he was without reproach.
Respectfully,
Joiin Letcher.
On motion of Mr. Jones, .
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reporting a bill authorizing any native
of the state of Maryland who may re-enlist in the troops of Virginia
under the provisions of the act of the provisional congress of the
Confederate States, approved December 11, 1S61, and the act of the
general assembly of Virginia, passed February 10, 1862, to be trans¬
ferred, if he desire it, to the first Maryland regiment, or such other
Maryland regiment as may be organized.
No. 97. A bill incorporating the Dover coal mining company, waa
taken up, on motion of Mr. Wynne, read a first time, and ordered to
be read a second time.
No. 67. A senate bill entitled an act amending and re-enacting
the second section of chapter 22 of the Code of Virginia, respecting
persons exempt from all military duties, and providing the mode of
exemption, was taken up, on motion of Mr. Robertson, and read a
first and second times.
Mr. Robertson moved to amend the bill in the 1st section, by
striking out the following: " The vice-president of the Confederate
States, the officers, judicial and executive, of the government of the
Confederate States, the members of both houses of congress, and the
clerk of each house, all custom house officers," and inserting in lieu
thereof the following: "All officers of'the confederate government
exempted by the laws of the Confederate States;" and the question
being on agreeing thereto, Mr. Huntt demanded the previous ques¬
tion ; which was sustained by the house; and being put, was decided
in the negative.
Mr. Minor moved to amend the bill, by inserting the following:
"all professors, tutors and pupils of public seminaries of learning;"
and the question being on agreeing thereto, Mr.. Collier demanded
HOUSE OF DELEGATES.
167
the previous question; which was sustained by the house; and being
pur, was decided in the negative.
Mr. Tomlin moved to amend the bill, by striking out the follow¬
ing: (exempting members of the general assembly) "during the term
for which they were elected or appointed," and inserting in lieu
thereof the following: "for attendance upon the duties of their
respective houses;" and the question being on agreeing thereto, Mr.
McCamant demanded the previous question; which was sustained
by the house; and being put, was decided in the negative—Ayes 19,
noes 60.
On motion of Mr. Saunders of Campbell, the vote was recorded
as follows:
Ayes—Messrs. J. T. Anderson, Booten, Gordon, Green, Johnson, Kyle, Lively, Lynn,
A. W. McDonald, Minor, Pitman, Thrash, Tomlin, Vaiden, Vermillion, West. Williams,
J. L. Wilson and Wootten—19.
Nous—Messrs. F. T. Anderson, Baker. Baskervill, Blue, Borgdin, Bradford, Buford,
Carpenter, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Crockett, R. J Davis,
I>i e, Fggleston, Evans, Fleming, Fletcher, Flood, Forbes, Franklin, Gatewood, Gillespie,
Gilmer, Harrison, Hunter, Huntt, Irby, Jones, Jordan, Loekridge, Mathews, McCamant,
I. E. McDonald, McLaughlin, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Noland,
J-leid, Richardson, Robertson, P. Saunders, R. C. Saunders, Shannon, Sheffey, Sherrard,
Spadj, Staples, Steger, Tate, Thomas, Tredway, Tyler, Woodhouse, Woolfolk and Wynne—
lit'.
Mr. Wynne moved to amend the bill, by striking out the words
"one telegraph operator for each office," and inserting in lieu thereof
the following: "the president, general superintendent and two local
superintendents of the southern telegraph companies, in no cases to
exceed four persons;" and the question being on agreeing thereto,
was put, aud decided in the affirmative.
Mr. Tredway moved to amend the bill, by striking, out the words
"having charge of a congregation" (the bill exempting ministers
having charge of a congregation); and the question being on agree¬
ing thereto, Mr. Collier demanded the previous question ; which
was sustained by the house; and being put, it appeared that no
quorum voted.
On motion of Mi'. Bradford, the vote was recorded as follows—
Ayes 67, noes 8.
Ayes—Messrs. J T. Anderson, F. T. Anderson, Baker, Baskervill, Blue, Booten, Bouldin,
Biadlord, Buford, Cecil, Clarke, H. N Coleman, Collier, Crockett, R. J Davis, Dice, Eg-
gleston, Fleming, Fletcher, Flood, Forbes, Franklin, Gatewood, Gillespie, Gilmer. Gordon,
Hairismi, Hunter, Huntt, Irby, Jones, Jordan, Kyle, Loekridge. Mathews, McCamant, A.
W. McDonald, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T..Nelson, Newton,
Noland, Pitman, Reid, Richardson, P. Saunders, R. C Saunders, Shannon. Sheffey, Slier-
rani, Spady, Staples, Steger. Tate, Thomas, Thrash, Tredway, a"aiden, Vermillion, Williams,
J L. Wilson, Woodhouse, Woolfolk, Wootten aud Wynne—1>7.
Nnt.s—Messrs. J. J. Coleman, Green, Johnson, Lively, Lynn, Robertson, Tomlin and
West—8.
On motion of Mr. Spady, the house adjourned until to-morrow,
1:2 o'clock.
168
JOURNAL OF TIIE
SATURDAY, February 1-5, 1S02.
Prayer by Rev. Mr. Woodbridge of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 14, 1 S(»2.
The senate have passed house bills entitled :
An act to constitute a corps more effectually to collect the arms of
the state and Confederate States not in actual service, No. 04.
An act compensating Norman C. Smoot and James Candy, com¬
missioners of the revenue fur the county of Hampshire, for services
performed, No. 91.
Mr. Carpenter, from the committee of roads and internal naviga¬
tion, to whom had been referred
No. 39. A senate bill entitled an act to amend section 26 of chap¬
ter 52 of the Code of Virginia, edition of I860, reported the same
with amendments.
Mr. Anderson, from the committee on military affairs, presented
the following bills:
No. 102. A bill to amend an ordinance of the convention entitled
an ordinance for the organization of the provisional army of Virginia.
No. 103. A bill authorizing Maryland volunteers, who re-enlist in
the troops of Virginia, to be transferred to Maryland regiments.
No. 104. A bill appropriating money for the construction of a
road from Marlin's Bottom in Pocahontas county to the salt works
in Braxton county.
Mr. Robertson, from the committee on banks, presented the fol¬
lowing bills, which, on his motion, were read a first time, and or¬
dered to be read a second time:
No. 105. A bill to amend and re-enact section 1, chapter 57, Acts
of 1SG1.
No. 106. A bill to amend and re-enact an act entitled an act to
authorize the banks of this commonwealth to issue notes of the de¬
nomination of one and two dollars, passed January 24, '1S02.
No. 107. A bill to authorize certain corporations to issue notes of
and under one dollar.
The report relative to the payment of salaries to judges and other
officers in the judicial department, being, especially in reference to
Judge E. P. Pitts, was taken up, on motion of Mr. Evans, and on
motion laid on the table.
The report of the joint committee to correspond with the lessees
of the salt works, was taken up, on motion of Mr. MoCamant, and
postponed to and made the order of the day for Tuesday next at 1
o'clock.
The hour of 12£ o'clock having arrived^ the house, according to
order, resolved itself into secret session.
No. 67. A senate bill entitled an act amending and re-enacting the
2d section of chapter 22 of the Code of Virginia, respecting persons
exempt from all military duties, and providing the mode of exemp-
HOUSE OF DELEGATES.
169
tion, was taken up ; and the question being on agreeing to the amend¬
ment heretofore submitted by Mr. Tkedway, exempting, in effect,
all ministers of the gospel, was put, and decided in the affirmative—
Ayes 71, noes 19.
The vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, BaskervilT, Booten, Bouldin,
Bradford, Buford, liiurks, Carter, Cazenove, Cecil, Clarke, H.N. Coleman, Collier, Crockett,
Daniel, R. J. Davis, Dice, Egglestou, Evans, Fleming, Fletcher, Flood, Forbes, Franklin,
Garrison, Gatewood, George, Gillespie, Gilmer, Gordon, Harrison, Hunter, Hnntt, Irby,
Jones, Kyle, Laidley, Lockridge, Mathews, MeCamaut, McLaughlin, Minor, Montague,
R. E Nelson, W. G. T. Nelson, Newton, Noland, Pitman, Richardson, P. Saunders, R. C.
Saunders, Shannon, Sheftey, Shcrrard, Spady, Staples, Steger, Tate, Taylor, Thomas,
Thrash, Vaiden, Vermillion, Williams, J. L. Wilson, Woodliouse, Woolfolk, Wootten and
Wyrme—71.
Noes—Messrs. Carpenter, J. J. Coleman, Grattan, Green, Hopkins, James, Johnson,
Lively, Lynn, A. W. McDonald, I. E. McDonald, Murdaugh, Payne, Robertson, Robinson,
Rowan, Tomlia, West and S. Wilson—19.
Mr. Robertson moved1 to amend the bill, in the 14th line of the
1st section, by inserting after the word " asylums," "and the regular
nurses and attendants employed therein ;" and the question being on
agreeing thereto, was put, and decided in the affirmative.
Mr. Robertson moved further to amend the bill, in the same line,
same section, by striking out the words " and the deaf and dumb and
blind institution, and their assistants," and inserting the following:
"and the teachers employed in the institution for the deaf and dumb
and blindand the question being on agreeing thereto, was put,
and decided in the affirmative.
Mr. Hunter moved to amend the bill, in the 18th line of the 1st
section, by inserting the following after the words " by reason of,"
"his being an agent of any commissary or assistant' commissary or
quartermaster or assistant quartermaster, whether said commissary
or assistant commissary or quartermaster or assistant quartermaster
be in the service of the Confederate States or of this state, or by
reason of;" and the question being on agreeing thereto, Mr. Ander¬
son of Rockbridge demanded the previous question ; which was sus¬
tained by the house; and being put, was decided in the affirmative.
Mr. McCamant moved to amend the bill, by inserting in the 17th
line, 1st section, after the word " company" the following: " and all
persons necessarily employed in the business of manufacturing salt¬
petre and sulphur;" and the question being on agreeing thereto, Mr.
Noland deinanded the previous question ; which was sustained by
the house ; and being put, was decided in the negative.
Mr. Jones moved to amend the bill, by striking out in the last
clause thereof the following words: "of his holding any office or
commission in the militia, and whenever any militia officer is drafted
for actual service, his commission shall he vacated," and inserting in
lieu thereof the following: "and whenever the commission of any
officer of the militia shall be vacated from any cause, he shall, if be¬
tween the ages of 18 and 45 years, go back into the ranks of the
militia, and be subject to draft;" and the question being on agree¬
ing thereto, Mr. Tate demanded the previous question; which was
sustained by the house; and being put, was decided in tlie negative.
22
170
JOURNAL OP THE
Mr. Hunter moved to amend the bill, by striking out the words
"vice-president of the Confederate States; the officers, judicial and
executive, of the government of the Confederate States; the mem¬
bers of both houses of congress, and the clerk of each house; all
custom house officersand the question being on agreeing thereto,
Mr. Carpenter demanded the previous question ; which was sus¬
tained by the house; and being put, was decided in the negative.
Mr. Green moved to amend the bill, by adding at the end of the
first section the following : " and no one shall be exempt because of
his being a postmaster, clerk or other ministerial officer .or employee
of the confederate government;" and the question being on agreeing
thereto, Mr. Wilson of Isle of Wight demanded the previous ques¬
tion ; which was sustained by the house; and being put, was de¬
cided in the negative—AyeS d6, noes 48.
On motion of Mr. Robertson, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, Baskervill, Blue, Burks, Cazenove, Clarke, (Tochett,
Fleming, Flood, Franklin, Garrison, George, Green, Harrison, Hopkins, Hunter, Iluntt,
Johnson, Kyle, Laidiey, Lively, Loekridge, A. W. McDonald, I. E. McDonald, Minor,
Murdaugh, Newton, Pitman, Richardson, Rowan, Tate, Tomlin, West, J.L.Wilson, S.
Wilson and Wootten—3(5.
Noes—Messrs. F. T. Anderson, Booten, Bouldin, Bradford, Buford, Carpenter, Carter,
Cecil, J. J. Coleman, H..N. Coleman, Daniel, R.J. Davis, Dice, Eggleston, Evans, Fletcher,
Forbes, Gatewood, Gilmer, Gordon, Irby, Jones, Lynn, Mathews, MeCamant, Montague,
R. E. Nelson, W. G. T. Nelson, Noland, Payne, Reid, Robertson, P. Saunders, R. C. Saun¬
ders, Shannon. Shefley, Sherrard, Spady, Staples, Steger, Taylor, Thomas, Thrash, Vaulen,
Vermillion, Williams, Wooll'olk and Wynne—48.
Mr. Harrison moved to amend the bill, by adding after the word
"corporation," in the lltli line, the words "having a hustings court;"
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Burks moved to add the words " and the commissioners of
the revenue;" which was agreed to.
Mr. Forbes moved to amend the bill, by exempting from draft
"all tanners;" and the question being on agreeing thereto, Mr. Har¬
rison demanded the previous question ; which was sustained by the
house; and being put, was decided in the negative.
Mr. Green moved to insert the following as an independent section:
"Any person exempted under this act may waive such exemption,
by having his name enrolled prior to the first draft, or by volunteer¬
ing. If he does not so waive such exemption, lie shall pay into the
treasury of Virginia dollars in ten days after any draft in
which lie might have been included but for such exemption; and one
year thereafter, if the war continue so long, a like sum of
dollars; and on his failure so to do, he shall be regarded as a drafted
militiaman."
Pending the consideration of which,
On motion of Mr. Wilson of Isle of Wight, the house adjourned
until Monday, 12 o'clock.
HOUSE OF DELEGATES.
171
MONDAY, February 17, 18G2.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. Anderson of Botetourt submitted the following resolution ;
■which being objected to, was laid over under the rule:
Resolved, that on and after Tuesday the ISth inst. the house will
meet at 11 o'clock, and the chair be vacated at 2£ o'clock P. M. and
resumed at 4£ o'clock P. M.
On motion of Mr. Anderson of Botetourt, the following resolu¬
tion, heretofore submitted, was taken up :
Resolved, that after this day the hour of meeting of the house
shall be 11 o'clock A. M.
Mr. Anderson of Botetourt moved to amend the resolution, by
adding thereto "and the chair shall be vacated at 2\ o'clock P. M.,
and resumed at 4| o'clock P.M.; and the question being on agreeing
thereto, Mr. McCamant demanded the previous question; which was
sustained by the house; and being put, was decided in the affirma¬
tive—Ayes 62, noes 15.
On motion of Mr. Anderson of Botetourt, the vote was recorded
as follows : .
Ayf.s—Messrs. J. T. Anderson, F. T. Anderson, Baker, Booten, Bouldin, Buford. Burks,
CarpentT, Cazenove, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Crockett, Dice, Fggies-
ton, Evans, Fletcher, Flood, Forbes, Franklin, Gutewood, George, Gillespie, Gilmer, Hunter,
Huntt, Irby, .James, Johnson, Kyle, Lively, Lockridge, Lynn, Matliews, McCamant, A. W.
McDonald, Minor, Montague, R. E. Nelson, Noland, Payne, Pitman, Reid, Robertson, Ro¬
binson, Rowan, P. Saunders, R. C. Saunders, Shannon, Slieffey, Staples, Steger, Thomas,
Thrash, Vaiden, Vermillion, West, "Williams, Woodhonse, Wootten and Wynne—(il.
Noks-t— Messrs. Bradford, Carter, Collier, Fleming, Garrison, Green, Harrison, Jones, I.
E. McDonald, Murdaugh, W. G. T. Nelson, Newton, Tate, Tomlin and J. L. Wilson—15.
Mr. Harrison moved to amend the resolution as amended, by
striking out "11 o'clock," and inserting "10 o'clock;" and the
question being on agreeing -thereto, was put, and decided in the
negative—Ayes 26, noes 57.
Ou motion of Mr. Harrison, the vote was recorded as follows:
Ayes—Messrs. Bradford, Burks, Carter, Cecil, Collier, Eggleston, Fleming, Forbes,
Franklin, Garrison, Harrison, Hunter, Huntt, Jones, Kyle, I. E. McDonald, Murdaugh,
W. G: T. Nelson, Reid, Rowan, Tomlin, Vermillion, West, J. L. Wilson, Wuoltolk and
Wynne—26.
Nous—Messrs. J. T. Anderson, F. T. Anderson, Baker, Booten, Bouldin, Buford, Car¬
penter, Cazenove, J. J. Coleman, H. N. Coleman, Crockett, Dice, Evans, Fletcher, Flood,
Gatewood, George, Gillespie, Gilmer, Green, lrby, James, Johnson, Lively, Lockridge,
Lynn, Mathews, McCamant, A. W. McDonald, Minor, Montague, R. E. Nelson, Newton,
Noland, Payne, Pitman, Robertson, Robinson, P. Saunders, R. C. Saunders, Shannon, Shef-
fey, Sherrurd. Staples, Steger, Tate, Thomas, Thrash, Vaiden, Williams, Woodhuuse and
Worsham—57.
Mr. Huntt, from the committee on enrolled bills, presented the
following report:
The committee on enrolled bills have examined sundry such bills,
and finding them correctly enrolled, respectfully report them for
further examination.
Ordered, that the clerk communicate them to the senate for further
examination by the committee of that body.
172
JOURNAL OF TIIR
The hour of 12J o'clock having arrived, the house, according to
order, resolved itself into secret session.
Mr. Anderson of Botetourt moved to pass by the senate bill re¬
lating to exemptions from military service, with a view to consider
the pending resolution in relation to the hour of meeting of the
house; and the question being on agreeing thereto, was put, and
decided in the affirmative.
The question recurring on agreeing to the resolution as amended,
Mr. Anderson of Botetourt demanded the previous question ; which
was sustained by the house; and being put, was decided ip the
affirmative.
The resolution as adopted is as follows:
Resolved, that after this day the hour of meeting of the house
shall be It o'clock A. M., and the chair shall be vacated at 2 J
o'clock P. M., and resumed at 4.J o'clock P. M.
The Speaker laid before the house a communication from the
governor, in relation to an increase of the forces in the field, and the
organization of a state foice; which was read, and on motion of Mr.
Anuerson of Botetourt, referred to the committee on military
affairs.
No. 67. A senate bill entitled an act amending and re-enacting
the second section of chapter 22 of the Code of Virginia, respecting
persons exempt from all military duties, and providing the mode of
exemption, was taken up; and the question being on agreeing to
the amendment heretofore submitted by Mr. Green, Mr. Vaidkn
demanded the previous question; which was sustained by the house;
and being put, was decided in the negative—Ayes 24, noes 56.
On motion of Mr. Green, the vote was recorded as follows:
Ayks—Messrs. Booten, Carter, Fleming, George, Gillespie, Green, Hopkins, Hunter,
Huntt, James, Johnson, Kyle, Lockridge, A. W. McDonald, I. E. McDonald, Pitman, Ro¬
binson, Rowan, Small, Sherrard, Thrash, Tomlin, West: and Williams—24.
Nobs—Messrs. J. T. Anderson, F. T. Anderson, Baker, Bouldin, Bradford, Bnfonl,
Burks, Carpenter, Cazenove, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier, Crockett,
Dice, Eggieston, Fletcher, Flood, Forbes, Franklin, Garrison, Gatewood, Gilmer, Giuttun,
Harrison, Irby, Jones, Lynn, Mathews, MeCamant, Minor, Montague, Muidaugh, R. E.
Nelson, W. G. T. Nelson, Newton, Noland, Keid, Robertson, P. Saunders, Shannon, Slicffey,
■ Spady, Staples, Steger, Tate, Thomas, Vaiden, Vermilliun, J. L. Wilson, S. Wilson, Wuud-
house, Wooifolk, Woottenaud Wynne—5G.
Mr. Robertson submitted the following resolution :
Resolved, that on all amendments to the bill under consideration,
debate be limited to its explanation by the member moving it, not
exceeding 5 minutes, and by a member in opposition, not exceeding
the same time, and such amendment be then put to the vote.
And the question being 011 agreeing thereto, was put, and decided
in the affirmative.
Mr. Collier submitted the following amendment to the bill: add
after the clause exempting one physician for each 2,000 inhabitants,
the following: "One proprietor of each apothecary establishment now
doing business: provided he be a practical apothecary and druggist,
to be selected in like manner;" and the question being on agreeing
thereto, Mr. James demanded the previous question ; which was sus¬
tained by the house ; and being put, was decided in the negative,
house of delegates.
173
Mr. Jones moved to amend the bill in the 5th section by striking
out the words " of a permanent character" (referring to bodily
infirmity).
Mr. Coleman of Nelson moved to amend the . amendment, by
striking out the entire section, and providing for a board of medical
examiners to pass upon exemptions arising from physical infirmity ;
and the question being on agreeing thereto, Mr. Harrison demanded
the previous question ; which was sustained by the house; and being
put, was decided in the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Jones, was put, and decided in the negative.
Mr. Robertson moved to amend the bill, by striking out the 2d
section, and inserting the following: •
" If the constituted authorities of any city shall, within twenty
days after any draft has been made therefrom, apply to the governor
for the purpose, he shall exempt from actual military service any
drafted person, who may be at the time of the draft an officer of
such city, or in its service in connection with its gas or water works
or fire and police departments: and if within twenty days after any
draft the president and superintendent of any rail road, canal or tele¬
graph company shall certify upon their honor to the governor that
the services of any drafted person, who is an officer or employee of
such company, are necessary to the efficient operation of the rail
road, the governor may in his discretion exempt such person from
actual military service. Any person exempted under this section
shall be deemed to be detailed for duty in the post or place he filled
at the time he was drafted, without the pay of a soldier: and in case
he shall leave the service of such city or company, he shall at once
be remanded to the military service for which he was drafted: and if
any such person shall fail, for ten days after leaving such service, to
report himself to the governor or to some military officer for duty as
a soldier, he shall be proceeded against as a deserter. The governor
shall promptly cause the places of all persons exempted under this
section to be filled by further draft from the respective counties,
cities and towns from which such persons were dratted. It shall be
the duty of the president or mayor of the city, or company, as the
case may be, promptly to report to the governor the name of any
person so exempted, who may have left the service for which he was
detailed."
And the question being on agreeing thereto, Mr. Vaiden demanded
the previous question ; which was sustained by the houd£; and being
put, was decided in the affirmative.
Mr. Saunders of Franklin submitted an amendment "providing
the board of exemption consisting of the presiding and two other
justices, should be first sworn before entering upon the discharge of
their duties." And the question being on agreeing thereto, was put,
and decided in the negative.
Mr. Fleming moved to amend the bill by striking out of the list of
exempts the presiding justice of a county or corporation; and the
question being 011 agreeing thereto, was put, and decided in the affir¬
mative.
174
JOURNAL OF THE
Mr. Robertson moved to amend the hill, by adding to the list of
exemptions the judge of the court of hustings for the city of Rich¬
mond ; which was agreed to.
Mr. Berks moved to amend the bill, by adding, in the last section,
"arid parts of acts and ordinances;" which was agreed to.
The bill as amended was then read a third time; and the question
being—Shall the bill pass? Mr. CSzenove demanded the previous
question ; which was sustained by the house; and being put, was
decided in the allirmative.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
A message \vas received from the senate by Mr. Thompson, who
informed the house of delegates that the senate had agreed to a joint
resolution for a joint committee to consider the message of the £0-
vernor, this day communicated to the two houses of the general as¬
sembly, in relation to an increase of the forces in the held, and the
organization of a state force.
The resolution was taken up and concurred in.
The Speaker announced the following committee under the reso¬
lution : Messrs. Anderson of Botetourt, Robertson, Bouldin, Jones,
Tomlin, Saunders of Campbell, and Forbes.
On motion of Mr. Anderson of Botetourt, the rule having been
suspended for that purpose, the communication from the governor,
this day received, and referred to the committee on military a Hairs,
was referred to the joint committee appointed under the resolution
from the senate.
No. 73. An engr issed bill to authorize the organization of ten
companies of rangers, was taken up, on motion of Mr. Lockridue,
8ud read a third time; and the question being—Shall the bill pass?
Mr. Anderson of Rockbridge demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative—Ayes 82, noes 3.
Ayes—Messrs. J. T. Anderson, F. T. Anderson. Baker, Booten, Bouldin, Bradford, Bu-
ford, Burks, CarpeiytJr, Carter, Cazenove, Cecil, Clarke, IT. N. Coleman, Collier, Crockett,
Dice, Eggleston, Evaus, Fleming:, Fletcher, Flood, Forbes, Franklin, Garrison, Gatewood,
George, Gillespie, Grattan, Green, Harrison, Hopkins, Hunter, Hnntt, Irhy, James, .Johnson,
Joues, Kyle, Lively, Lockridge, Lynn, Mathews, McCamant, A. W. McDonald, I. E. Mc¬
Donald, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Nolaud,
Payne, Pitman, Reid, Robertson, Robinson, Rowan, P. Saunders, R. C. Saunders, Shannon,
Small, Slieffey, Sla rrard, Spady, Staples, Steger, Tate, Thomas, Thrash, Tomlin, Vaidcn,
V'Tiuillion, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woolfolk, Wootten ami
W yuno—82.
Noes—Mess^. J. J. Coleman, Gilnrer and Laid ley—3.
No. 100. A bill to authorize the governor to organize and call out
the military force of cities and towns for their defence, was taken
up; and on motion of Mr. Anderson, committed to the joint com¬
mittee this day appointed.
No. 78. A bill to organize companies for special service, was
taken up, on motion of Mr. Woodhouse ; and on motion of Mr.
Anderson, committed to the joint committee this day appointed.
No. 103. A bill authorizing Maryland volunteers, who re-enlist ir»
the troops of Virginia* to be transferred to Maryland regiments* was
HOUSE OF DELEGATES.
175
taken up, on motion of Mr. Jones of Gloucester, read a first time,
au<l ordered to be read a second time.
On motion of Mi\ Jones of Gloucester,
Resolved, that the governor be respectfully requested to furnish,
for the information of this house, such reports of the military opera¬
tions of officers at and near Norfolk, at the time of the commence¬
ment of hostilities, as have not been communicated to the convention
or this house.
On motion of Mr. Anderson of Rockbridge,
Resolved, that the committee of roads and infernal navigation en¬
quire into the expediency and propriety of authorizing the president
and directors of tiie James river and Kanawha company to apply a
portion of the loan made to said company for the improvement of
the Kanawha navigation, to the repair of the canal from Lynchburg
to Buchanan, and the improvement of the sluice navigation from
Buchanan to Covington.
On motion of Mr. Fleming, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, February 18, 18G2.
Mr. Sheffey, from the committee of roads and internal navigation,
presented the following bill:
No. 108. A bill to authorize the sale of the stock held by the state
in turnpike and plank road companies.
Mr. Thrash presented petitions from the county cpf Floyd, pray¬
ing the passage of a law to prohibit the distillation of grain ; which
was ordered to be referred to the special committee on that subject.
No. 101. A bill to prevent the unnecessary consumption of grain
by distillers and other manufacturers of spirituous and malt liquors,
was taken up, on motion of Mr. Fleming.
Mr. Collier moved to amend the bill, by striking out the words
" other than that grown by himselfand the question being oil
agreeing thereto, was put, and decided in the affirmative.
Mr. Harrison moved to strike out, in the 1st section, the 8th, 9th
and 10th lines of the first section, as follows: "to be recovered by
presentment, indictment or information in any circuit, county or
corporation court in the jurisdiction of which the offence should be
committed;" and the question being on agreeing thereto, was put,
and decided in the affirmative.
Mr. Collier moved to amend the bill, by adding to the 1st sec¬
tion the following: "and be subject to imprisonment in the county
jail, not exceeding 12 months, in the discretion of the courtand the
question being on agreeing thereto, was put, and decided in the
affirmative.
In the 12th line of the 3d section, Mr. Harrison moved to strike
out " ten" and insert " five" (in reference to the commissions of the
17G
JOURNAL OF TIIE
sheriff); and the question being on agreeing thereto, was put, and
decided in the affirmative.
Mr. Collier moved to strike ont the 4th section of the bill; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
Mr. McDonald of Hampshire submitted the following as an in¬
dependent section :
" Be it further enacted, that as soon as any person may be pre¬
sented or indicted for any violation vof the provisions, of this act, the
court of any county or corporation in which said proceeding is had,
shall immediately issue an order to the sergeant or sheriff of such
county or corporation, directing him at once to seize and take pos¬
session of the spirituous or malt liquors, grain, distilling machine
and other implements used or employed in making liquor in violation
of this act, and the grain, the distilling of which is hereby prohibited,
and hold the same subject to the judgment of said court, as herein
provided."
Mr. Sheffey moved to amend the amendment, by inserting after
the word "him," the following: "unless within ten days thereafter
the defendant shall enter into bond with sufficient security in the
penalty of dollars, conditioned to answer the judgment of the
court, and also to have forthcoming, when required by law, any pro¬
perty alleged to be forfeited under this act, then and the question
being on agreeing thereto, was put, and decided in the affirmative—
Ayes 72, noes 7.
On motion of Mr. Sheffey, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Barbour, Booten, Bi ad ford, Buford,
Burks, Carpenter, Carter, Cazenove, Cecil, Clarke, J J. Coleman, II. N. Coleman, Collier,
Crockett, Custis, Dice, Edmunds, Eggleston, Evans, Fleming, Fletcher, Franklin, (lanisoii,
Gatewood, George, Gillespie, Gilmer, Gordon, Green, Harrison, Hopkins, Huntt, Ivby,
Johnson, Kaufman, Kyle, Laidley, Lively, Lockridgc, Lynn, Mathews, MeCamant, A. W.
McDonald, Minor, R. F. Nelson, W. G. T. Nelson, Newton, Payne, Pitman, Reid, Richard¬
son, Robinson, Rowan, P. Saunders, Shannon, Sheffey, Sherrard, Staples, Tate, Thomas,
Thrash, Vaiden, Vermillion, Walker, Williams, J. L. Wilson, S. Wilson, Woodhousc, Wool-
folk and Wynne—72.
Noes—Messrs. Baker, Hunter, I. E. McDonald, Montague, Murdaugli, Steger and
Wootten—7.
Mr. Montague moved to amend the bill, by striking out, in the
8th line of the 5th section, the word "presiding," and inserting in
lieu thereof "any justice of;" and the question being on agreeing
thereto, was put, and decided in the affirmative.
Mr. Saunders of Franklin moved to amend the bill, by striking
out, in the 11th and 12th lines of the 5th section, the following:
"not less than one hundred dollars, and be removed from office,"
and inserting in lieu thereof the following: "not less than $10 nor
more than $ 500 and the question being on agreeing thereto, was
put, and decided in the affirmative.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative.
Mr. Anderson of Rockbridge moved to amend the bill, by adding
the following, to come in at the end of the 5th section:
" And be it further enacted, after such presentment shall have been
HOUSE OF DELEGATES. 177
made, if the defendant should continue to operate his distilleiy, it
shall be the duty of the sheriff or sergeant to seize and take posses¬
sion of the grain, distillery and liquors, unless he shall enter into
•bond in the penalty of dollars, with the clerk of the court
in which said presentment is depending, conditioned that he will
cease the distillation of corn, wheat, rye or other grain."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Mr. Walker moved to amend the bill, in the 7th section, by strik¬
ing out the words "from its passage," and inserting "within ten days
from and after its passage;" and the question being on agreeing
thereto, was put, and decided in the affirmative.
Mr. Bradford moved that the bill bo referred to the committee
on finance.
Mr. Baskervill moved, as an amendment thereto, the following
resolution:
"Resolved, that the bill under consideration be referred to the
committee on finance, with instructions to report a bill entirely to
prevent the distillation of grain within this commonwealth, and to
prevent the export of grain from the same."
Mr. Tomlin moved to amend the amendment, by striking out the
following words : " with instructions to report a bill entirely to pre¬
vent the distillation of grain within this commonwealth and the
question being on. agreeing thereto, was put, and decided in the ne¬
gative.
The question recurring on agreeing to the amendment submitted
by Mr. Baskervill, was put, and decided in the negative—Ayes 16,
noe$ 63.
On motion of Mr. Tomlin, the vote was recorded as follows:
Ayes—Messrs. Brooks, Burks, Cazenove, Fleming, Gordon, Green, Harrison, Hopkins,
Huntt, Kyle, Lockridge, A. W. McDonald, Robinson, Small, Sherrard and Thomas—16.
Noe.s—Messrs. .Kemper (speaker), F..T. Anderson, Baker, Barbour,'Booten, Bradford,
Buford, Carpenter, Carter, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Collier^ Crockett,
Custis, Dice, Edmunds, Eggleston, Fletcher, Flood, Franklin, Gatewood, George, Gillespie,
Gilmer. Hunter, Irby, Johnson, Lively, Lynn, Mathews, McCamant, Minor, Montague,
li. E. Nelson, W." G. T. Nelson, Newton, Noland, Payne, Pitman, Prince, Reid, Richardson,
Rowan, P. Saunders, Shannon, Sheffey, Spady, Staples, Stegcr, Tate, Thrash, Tomlin,
Vaiden, Vermillion, Walker, J. L. Wilson, S. Wilson, Woodhouse, Woolfclk, Woottc-u and
Wynne—GJ.
The question recurring on agreeing to the resolution submitted by
Mr. Bradford, referring the bill -to the committee on finance, Mr.
Harrison demanded the previous question; which was sustained by
the house; and being put, was decided in the negative—Ayes 35,
noes 46.
Ou motion of Mr. Harrison, the vote was recorded as follows:
Ayes—Messrs. Barbour, Booten, Bradford, Buford^ Carpenter, Carter, J. J. Coleman,
II. N. Coleman, Custis, Edmunds, Fletcher, Flood, Franklin, Gilmer, Hunter, Lynn, Minor,
R. E. Nelson, W. G. T. Nelson, Newton, Noland, Reid, Robinson, P. Saunders, Small,
Slietfby, Staples, Tate, Thomas, Thrash, Tomlin, Vaiden, Williams, J. L. Wilson and Wool-
folk— :S5.
Nops—Messrs. Kemper (speaker), F. T. Anderson, Baker, Baskervill, Burks, Cazenove.
Cecil, Ckuke, Collier, Crockett, Dice, Evans, Fleming, Garrison, Gatewood, George, Gil¬
lespie, Gordon, Green, Harrison, Hopkins, Huntt, Irby, Johnson, Kyle, Laidley, Lively,
Lockridge, Mathews, McCamant, A. W. McDonald, I. E. McDonald, Montague, Payne,
23
178
JOURNAL OF THE
Pitmm, Prince, Richardson, Rowan, Shannon, Stopvr, Yunuillien, Y» ".Ikcr, S. Vihon,
Wooilhouse, Woottuu and Wyuuo iti.
Mr. Tomlin moved to amend the bill, by sinking out the word
" wheat," in the first section (so as to exempt wheat from the opera¬
tion thereof); and the question being on agreeing thereto, was put,
and decided in the .negative.
The bill as amended was read a second time ; and the question
being—Shall the bill be engrossed and read a third time? Mr, Har¬
rison demanded the previous question ; which was sustained by the
house; and being put, wTas decided in the affirmative—Ayes 5fi,
noes 28.
On motion of Mr. Barbour, the'vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Baskervill, Booten, Burks, Cecil,
Clarke, Collier, Crockett, l)i'ce, Edmunds, Evans, Fleming, Flood, Fianklin, (hirrismi,
Gatewond, George, Gillespie, Gordon, Green, Harrison, Hopkins, Hunter, Huntt, Iihy,
Johnson, Kaut'nian, Kyle, Luidiey, Lively, Leckiidge, Mathews, MeUamanl, A. W. McDo¬
nald, I. E. McDonald, Montague, Payne, Pitman, Reid, Richardson, Rowan, Shannon,
Spady, Staples, Steger, Vermillion, Williams, S. Wilson, Woodhouse, Woolfolk, Woottcu
and Wynne'—56.
Noes—Messrs. Barbour, Bradford, Buford, Carpenter, J. J. Coleman, IT. N. Coleinnn,
Custis, Fletcher, Gilmer, Jones, Lynn, Minor, R. L. Nelson, W. G. T. Nelson, Newton,
Prince., Robinson, P. Saunders, .Shelley, Sherrard, Small, Tate, Thomas, Thrash, Tomlin,
Vaiden, Walker and J. L. Wilson—28.
On motion of Mr. Irby,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to J. H. Iiaskins, sheriff of Amelia county,
$ 243 55, amount of damages and costs the said Iiaskins was re¬
quired to pay into the treasury.
On motion of Mr. Walker,
Resolved, that the committee of claims enquire into the expe¬
diency of allowing to William W. Hooke the sum of forty-eight
dollars and fifty cents, paid by him to the sheriff of Augusta county
as a license- tux.
On motion of Mr. Rowan,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill amending an act passed the 29th day
of March 1S61, entitled an act amending the charter of the town of
Union in the county of Monroe. " •
On motion of Mr. Steger,
Resolved, that the committee for courts ofjusti.ee enquire into the
expediency of so amending the 37th section of chapter 184 of the
Code of Virginia, as to make provision for an increased compensation
to the sergeant of Richmond for keeping and supporting prisoners.
No. 93. An engrossed bill for the.payment of interest to loyal
citizens on certain bonds guaranteed by the commonwealth, was
tak*?n up, on motion of Mr. Collier.
Mr. Collier submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a third time.
On motion of Mr. Collier, the bill was laid on the table.
No. 97. A bill incorporating the Dover coal mining company, was
taken up, on motion of Mr. Wynne, read a second time, and ordered
to be engrossed and read a third time.
HOUSE OF DELEGATES.
179
The report of the joint committee appointed to correspond with
the lessees of the salt works, was taken rip, on motion of Mr. Rich¬
ardson, and postponed to and made the order of the day for 5
o'clock P. M. this day.
No. 27. A senate bill entitled an act to enforce payment of ba¬
lances due from commissioners of forfeited and delinquent lands, was
'taken up and read a third time; and the question being—Shall the
bill pass'? pending the consideration of which,
The hour of 2£ o'clock having arrived, the chair was vacated until
o'clock P. M.
EVENING SESSION.
No. 27. A senate bill entitled an act to enforce.payment of ba¬
lances due from commissioners of forfeited and delinquent lands, be¬
ing the unfinished business of the morning session, was taken up, and
read a third time, and on motion of Mr. Sheffey, laid on the table.
No. 14. A senate bill entitled an act to amend the 5th section of
chapter 13 of the Code, in relation to administering the oaths to be
taken by the members of the two houses of the general assembly,
was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 30. A senate bill entitled an act for the relief of John R.
Cunningham, administrator of Newton Cunningham, late sheriff of
Prince Edward county, was taken up and read a third time,, and on
motion of Mr. Collier, laid on the table.
The report of the committee relative to the payment of salaries
to judges, &e. (having especial reference to the case of Judge E. P.
Pitts), was taken up, on motion of Mr. Evans.
Mr. Harrison submitted the following preamble and resolutions
as a substitute, by way of amendment to the resolutions proposed by
the committee:
"Whereas E. P. Pitts, judge of the fifth circuit of the state of
Virginia, has been charged before this house'with disloyalty against
the state of Virginia and against the Confederate States of America,
in adhering to and giving aid and comfort and counsel to the enemies
of the said state and of the Confederate States, and it is proper for
the general assembly to take such charges into consideration, and if
sustained by sufficient evidence, to remove said E. P. Pitts from his
office aforesaid: Therefore,
Be it resolved, with the concurrence of the senate, that on the
25th day of March 1SG2 both houses of the general assembly will
proceed to consider and decide upon the aforesaid charges against
said E. P. Pitts, judge as aforesaid, and if such charges be sustained,
to remove him from His office.
Resolved further, that notice be given to said E. P. Pitts, judge as
aforesaid, of the proceedings proposed to be had against him, and of
the causes alleged for his removal, by a publication of this .preamble
180
JOURNAL OF THE
and resolutions in one of the newspapers printed in Richmond, and
in one of the newspapers printed in .Norfolk, for four successive
weeks prior to the said :25th day of March 1802."
And the question being on agreeing to the first resolution of the
series, Mr. Saunders of Campbell moved an adjournment; and the
question being on agreeing thereto, was put—and it appearing that
no quorum voted, Mr. "Wilson of Isle of Wight moved a call of the
house; and the question being on agreeing thereto, was put, and de¬
cided in the negative.
Mr. Wilson of Isle of Wight moved an adjournment; and the
question being on agreeing thereto, was put, and decided in the ne¬
gative—Ayes 2S, noes 52.
On motion of Mr. Anderson of Botetourt, the vote was recorded
as follows:
Ayes—Messrs. Kemper (speaker), Baker, Bradford, Burks, Carter, J. J. Coleman, R. J.
Davis, Dice, Fleming, Gatewood, Hopkins, Johnson, Jones, Lively, Lockridge, Mathews,
I. E. McDonald, Pitman, Robinson, Rowan, R. C. Saunders, Slienard, Thomas, Toniliu,
Yaiden, Vermillion, J. L. Wilson and S. Wilson—28.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Booten, Bouldin, Buford,
Cecil, Clarke, H. N. Coleman, Collier, Crockett, Custis, Edmunds, Fletcher, Flood, Forbes,
Franklin, Garrison, George, Gillespie, Gordon, Green, Harrison, Hunter, Huntt, Irby, Kyle,
Laidlev, Lynn, McCamant, A. W. McDonald, Minor, Montague, R. E. Nelson, W. G. T.
Nelson, Newton, Noland, Payne, Prince, Reid, Robertson, P. Saunders, Shannon, Sheffey,
Spady, Steger, Tate, Thrash, Walker, Williams, Woodhouse and Wynne—52.
The question being on agreeing to the 1st resolution submitted by
Mr. Harrison, Mr. Tate demanded the previous question; which was
sustained by the house; and being put, was decided in the affirma¬
tive—Ayes 58, noes 20.
On motion of Mr. Sheffey, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Baskervill,
Booten, Bradford, Burks, Carter, Clarke, II. N. Coleman, Collier, Crockett, Custis, Dice,
Edmunds, Fletcher, Flood, Forbes, Franklin, Garrison, Gatewood, George, Gillespie, Gor¬
don, Green, Harrison, Hopkins, Hunter, Johnson, Jones, Kyle, Laidley, Lively, Lockridge,
Lynn, Mathews. McCamant, A. W. McDonald, I. E. McDonald, Montague, R. E. Nelson,
Newton, Noland, Pitman, Prince, Reid, Robinson, Rowan, Shannon, Sherrard, Spady,Tate,
Tomlin, Vermillion, J. L. Wilson, S.Wilson and Woodhouse—58.
Noes—Messrs. Bouldin, Buford, Cecil, J. J. Coleman, R. J. Davis, Fleming, Gilmer,
Huntt, Irby, Minor, W. G. T. Nelson, P. Saunders, R. C. Saunders, Sheffey, Steger, Thrash,
Vaiden, Walker, Williams and Wynne—'2U.
Mr. Anderson of Rockbridge moved a suspension of the rules,
with a view to reconsider the vote by which the resolution was
adopted; and the question being on agreeing thereto, Mr. Cazenove
demanded the previous question ; which was sustained by the house;
and being put, it appeared that no quorum voted.
Mr. Walker moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative—Ayes 34,
noes 44.
On motion of Mr. Green, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), Baker, Booten, Bouldin, Bradford, Carter, Cazenove,
Clarke, J. J. Coleman, R. J. Davis, Dice, Fleming, Fletcher, Gilmer, Jones, Lockridge,
Mathews, I. E. McDonald, Minor, Murdangh, Newton, ritman, Prince, Reid, P. Saunders,
Sheffey, Spady, Tomlin, Vaiden, Vermillion, Walker, Williams, J. L. Wilson and S. Wil¬
son—34.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Buford, Ceeil, II. N. Coleniau,
Collier, Crockett, Custis, Edmunds, Flood, Forbes, Franklin, Garrison, Gatewood, George,
Gillespie, Gordon, Green, Harrison, Hopkins, Hunter, Huntt, Irby, Johnson, Kyle, Laidley,
HOUSE OF DELEGATES.
181
Lively, Lynn, McCamant, A. W. McDonald, Montague, -R. E. Nelson, W. G. T. Nelson,
Robertson, Rowan, R. C. Saunders, Shannon, Sherrard, Steger, Tate, Thrash, Woodhouse
and Wynne—44.
The question being on agreeing to the second resolution submitted
by Mr'. Harrison as a substitute for the. second resolution of the
committee, was put, and decided in the affirmative.
The preamble was then agreed to.
Ordered, that the clerk communicate the preamble and resolutions
to the senate, and request their concurrence.
Mr. Anderson of Botetourt, from the joint committee to whom
was referred the message of the governor, communicated on yester¬
day, presented the following bill; which, on his motion, was read a
first time, and ordered to be read a second time.
No. 109. A bill to organize and call out certain military forces for
the defence of the state.
Mr. Forbes presented the petition of Sampson P. Bailey of Fau¬
quier county, praying compensation for a horse impressed into the
service of the state; which was ordered to be referred to the com¬
mittee of propositions and grievances.
On motion of Mr. Nelson of Fluvanna, the house adjourned until
to-morrow, 11 o'clock.
WEDNESDAY, February 19, 1862.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 18, 1862.
The. senate have agreed to the amendments proposed by the house
of delegates to bill entitled:
An act amending and re-enacting the second section of chapter 22
of the Code of'Virginia, respecting persons exempt from all military
duties, and providing the mode of exemption, No. 67.
And they have passed bills entitled:
An act for the relief of the indigent soldiers who have been or
may be disabled in the military service of the state, and the widows
or minor children of soldiers who have died or may hereafter die in
the service, No. 59.
An act to amend 2d section of chapter 175 of the Code, so as to
provide for the temporary appointment of commissioners in chancery,
No. 61.
An act to authorize the use of the jails and poorhouses of the state
by the Confederate States, for the safe keeping of free negroes arrested
by military authority, No. 60.
An act to extend the time for the exqrcise of certain civil rights
and remedies, No. 6S.
In which they respectfully request the concurrence of the house
of delegates..
182
JOURNAL OF TIIE
The following senate bills were read a first and second times, and
referred to the committee for courts of justice :
No. GO. A senate bill entitled an act to authorize the use of the
jails and poorhouses of the state by the Confederate States, for the
safe keeping of free negroes arrested by military authority.
No. Gl. A senate bill entitled an act to amend Sid section of
chapter 175 of the Code, so as to provide for the temporary appoint¬
ment of commissioners in chancery.
No. GS. A senate bill entitled an act to extend the time for the
exercise of certain civil rights and remedies.
The following senate bill was read a first and second times, and
referred to the committee on military affairs.
No. 59. A senate bill entitled an act for the relief of the indigent
soldiers who have been or may be disabled in the military service of
the state, and the widows or minor children of soldiers who have
died or may hereafter die in the service.
Mr. Hunter, from the committee for courts of justice, to whom
had been referred
No. 54. A senate bill entitled an act to protect loyal citizens
whose property may be sold by officers under illegal process, re¬
ported the same without amendment.
Mr. Hunter, from the same committee, presented the following
bill:
No. 110. A bill to amend and re-enact the Stli section of chapter
157 of the Code of Virginia, so as to provide an indemnity to officers
levying an attachment.
Mr. Hunter, from the same committee, presented a report in rela¬
tion to the number of the senate and house of delegates required by
the constitution to pass a bill which imposes, continues or creates a
debt or charge, &c.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing reports:
An adverse report to the petition of Jacob Lawz and others, pray¬
ing for the relief of the sureties of James W. Smoot, late deputy
sheriff of the county of Shenandoah.
Mr. Barbour, from the same committee, presented the following
bill:
No. 111. A bill extending the time for sheriffs and other collectors
to-distress for taxes and arrears of rent.
Mr. Prince submitted the following resolution :
Resolved, that the clerk of the house be authorized and requested
to cause to be published forthwith, in the Richmond Enquirer, Ex¬
aminer, Whig and Dispatch, the act exempting persons from military
duty.
Mr. Fleming moved to amend the resolution, by substituting
therefor the following:
" Resolved, that the clerk of the house be authorized and in¬
structed to have two thousand copies of the act entitled an act
amending and re-enacting the second section of chapter 22 of the
Code of Virginia, respecting persons exempt from all military duties,
HOUSE OF DELEGATES.
183
and providing tlie mode of exemption, printed for the use of this
house."
And the* question being on agreeing thereto, was put, and decided
in the affirmative.
The resolution as amended was then agreed to.
No. 42. An engrossed bill refunding to the securities of Thomas
Iv. Davis, late sheriff of Prince William county, damages paid by
them, was taken up, on motion of Mr. Lynn, and read a third time;
and the question being—Shall the bill pass? the roll was called with
the following result—Ayes 66, noes 2.
Ayr?—Messrs. Kemper (speaker), F. T. Anderson, Baker, Barbour, Bayse, Booten,
Bradford, Buford, Carpenter, Cazenove, Cecil, Clarke, H. N. Coleman, Collier, Crockett,
Custis, E. J. Davis, Dice, Edmunds, Evans, Ew.ing, Flood, Franklin, Gatewood, Gillespie,
Gilmer, Gordon, Green, Hopkins, Huntt, Irby, Kaufman, Kyle, Laidley, Lively, Lockridge,
Lynn, Mathews, A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Murdaugh, R. E.
Nelson, W. G. T. Nelson, Newton, Noland, Pitman, Prince, Richardson, Rowan, Ruther-
foovd, Shannon, Sherrard, Tate, 'Baylor, Thomas, Thrash, Tyler, Yaiden, "Walker, West,
Williams, Woodhouse, Woolfolk and Wootten—6'J.
Noes—Messrs. Reid and P. Saunders—2.
It appearing that no quorum voted, Mr. Prince moved a call of
the house; and the question being on agreeing thereto, was put, and
decided in the affirmative.
The roll was then called the first time, and the following members
noted as absent:
Alt sssrs. M. L. Anderson, Bass, Blue, Bouldin, Brooks, Carter, Dabney, Daniel, J. D.
Davis, Dunn, Eggleston, Fleming, Fletcher Garrison, George, Gilmer, Grattan, James,
Johnson, Jones, Jordan, Lundy, Mallory, McGruder, McKinney, Montague, Orgain, Payne,
Riddick, Rives, Robertson, Robinson, R. Saunders, Small, Sheffey, Staples, Tomliu, Tied-
way, Vermillion, Ward, Woodson, Worsham, Wnght and Wynne.
A quorum appearing, on motion of Mr. Edmunds, further pro¬
ceedings under the call were dispensed with.
The. question recurring on the passage of the bill, was put, and
decided in the affirmative—Ayes 92.
Avi'.S—Messrs. Kemper (speaker), F. T. Anderson) Baker, Barbour, Baskervill, Bayse,
Booten, Bouldin, Bradford, Buford, Burks, Carpenter, Cazenove, Cecil, Clarke, J. J. Cole¬
man, II. N. Coleman, Collier, Crockett, Custis, 'R. J. Davis, Dice, Edmunds, Evans,
Ewing, Fleming", Fletcher, Flood, Forbes, Franklin. Friend, Gatewood, George, Gillespie,
Gilmer, Gordon, Green, Harrison, Hopkins, Hunter, Huntt, Irby, James, Johnson, Kaufman,
Kyle, Laidley, Lively, Lockridge, Lynn, Mathews, McCamant, A. W„ McDonald, 1. E.
McDonald, McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson,
Newton, Noland, Payne, Pitman, Prince, Reid, Richardson, Robertson, Rowan, Rutherfoord,
P. Saunders, Shannon, Sherrard, Spady, Staples, Steger, Tate, Taylor, Thomas, Thrash,
Tomliu, Tyler, Vaiden, Vermillion, Walker, West, Williams, J. L. Wilson, S. Wilson,
Woodhouse, Woolfolk and Wootten—92.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Thrash,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to "Walter Turpin the tax paid by him on lands
erroneously assessed in the county of Floyd.
On motion of Mr. Newton,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of raising a battalion or regiment, to be
armed with pikes and revolvers.
184
JOURNAL OF THE
On motion of Mr. Wootten,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill refunding to Robert B. Brydie, late sheriff
of Lunenburg county, the sum of thirty-seven dollars and thirty-one
cents, amount of taxes improperly charged, and paid into the trea¬
sury of the state.
On motion of Mr. Sheffey,
Resolved, that a select committee be appointed to enquire into the
expediency of amending the act incorporating the Thornrose ceme¬
tery company in the town of Staunton.
The Speaker announced the following committee : Messrs. Sheffey,
Gilmer, Tomlin, Baker, and Coleman of Nelson.
Subsequently, Mr. Sheffey, from the committee, presented the
following bill:
No. 112. A bill to amend the 2d section of the act incorporating
the Thornrose cemetery at Staunton.
The Speaker laid before the house a communication from the go¬
vernor, transmitting a communication from the paymaster general of
the Virginia forces,' with accompanying documents; which was re¬
ferred to the committee on military affairs, and ordered to be printed.
Doc. No. 60.
The following biU was taken up, on motion of Mr. George, read
a first time, and ordered to be read a second time:
No. 94. A bill to convert the branch of the Northwestern Bank of
Virginia at Jeffersonville into a separate and independent bank.
No. 102. A bill to amend an ordinance of the convention entitled
an ordinance for the organization of the provisional army of Virginia,
was taken up, and on motion of Mr. Baskervill, read a first and
second times, and ordered to be engrossed and read a third time.
The following senate bills were read a third time and passed:
No. 12. A senate-bill entitled an act to amend section 11 of chap¬
ter 29 of the Code, so as to exempt the property of persons in the
military service of the state from distress for rent payable 111 money.
No. 31. A senate bill entitled an act to compensate Willliarn H.
Dulany, attorney for the commonwealth for the circuit court of Fair¬
fax, for his services for the spring term 1861—Ayes 83.
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Baker, Barbour, Baskervill, Bayse,
Booten, Bradford, Brooks, Burks, Carpenter, Cazenove, Cecil, Clarke, J. J. Coleman, 11. N. •
Coleman, Collier, Custis, Dabney, R. J. Davis, Dice, Edmunds, Evans, Fleming, Fletcher,
Flood, Franklin, Friend, Garrison, George;, Gillespie, Gilmer, Gordon, Green, Harrison,
Hopkins, Huntt, Irby, James, Johnson, Kaufman, Kyle, Lively, Lynn, Mathews, Mc.Cn-
mant, A. W. McDonald, McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G.
T. Nelson, Newton, Noland, Payne, Pitman, Prince, Reid, Richardson, Robinson, Rowan,
Rutherfoord, P. Saunders, Shannon, Sheffey, Sherrard, Spady, Steger, Tate. Taylor, Tho¬
mas, Thrash, Tomlin, Vaiden, Vermillion, West, Williams, J. L. Wilson, S. Wilson, Wood-
house, Woolfolk and Wootten—S'-i.
Ordered, that the clerk inform the senate thereof.
Mr. Noland presented the petition of Capt. G. R. Gaither (of
Maryland), company M, 1st Virginia cavalry, praying legislative aid
towards furnishing his company with horses, arms, &c., iu lieu of
those brought from Maryland, and which have been destroyed in the
service; which was ordered to be referred to the committee on mili¬
tary affairs.
HOUSE OF DELEGATES.
185
No. 80. An engrossed bill to repair the road from the Warm springs,
by Huntersville, to Greenbrier river, at Marlin's Bottom, was taken
up, on motion of Mr. Lockridge, and read a third time; and the
question being—Shall the bill pass ? the' roll was called with the fol¬
lowing result—Ayes 59, noes 20.
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Baker, Baskervill, Bradford, Burks,
Carpenter, Cazenove, Cecil, J. J. Coleman, H. N. Coleman, Crockett, R. J. Davis, Dice,
Fleming, Flood, Garrison, Gatewood, George, Gillespie, Gilmer, Green, Hopkins, Hunter,
Irby, James, Johnson, Kaufrrftm, Kyle, Lively, Lockridge, Lynn, Mathews, McCamaut,
A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Montague, Newton, Nolaud;
Payne, Pitman, Reid, Richardson, Robinson, Rowan, Rutherfoord, Shelley, Sherrard, Steger,
Taylor, Thrash, Vaiden, Vermillion, Williams, Woodhouse, Woolfolk and Wootten—50.
Noes—Messrs. Barbour, Bayse, Collier, Edmunds, Ewing, Franklin, Friend, Gordon,
Harrison, Huntt, Murdaugh, W. G. T..Nelson, Prince, P. Saunders, Staples, Tate, Tomlin,
West, J. L. Wilson and S. Wilson—20.
Seventy-seven members not having voted in the affirmative,
Resolved, that the bill be rejected.
Mr. Collier moved a suspension of the rule, with a view to re¬
consider the vote by which the bill was rejected; and the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. Collier moved to suspend the rule, with a view to reconsider
the vote by which the bill was ordered to its engrossment; and the
question being on agreeing thereto, was put, and decided in the
affirmative.
The bill was then laid upon the table, on motion of Mr.
Crockett.
The report of the joint committee to correspond with the lessees
of the salt works, was taken up, on motion of Air. Anderson of
Rockbridge, and postponed to and made the order of the day for this
day at 5 o'clock.
No. 82. A bill imposing taxes for the support of government,
being the special order of the day, was' taken up and read a second
time.
Mr. Steger moved to amend the bill in the 4th line of the 9th
section, by adding after the word " state," the words " or of the
Confederate Statesand the question being on agreeing thereto,
was put, and decided in the affirmative.
Mr. Burks moved to amend the bill further, in the 9th section
(relating to taxes on incomes and salaries), by inserting after the
amendment submitted by Mr. Steger, the following: " except offi¬
cers and soldiers in the actual military service of the Confederate
States or of the state of Virginiaand the question being on agree¬
ing thereto, Air. Harrison demanded the previous question; which
was sustained by the house; and being put, was decided in the
negative.
On motion of Mr. James, the vote was recorded as follows :
Ayes—Messrs. J. T. Anderson, Baker, Burks, R. J. Davis, Gillespie, James, Jones,
Lockridge, Mathews, Payne, Rowan, Sheffey, Taylor, Walker and Wootten—15.
Noes—Messrs. F. T. Anderson, Baskervill, Booten, Bouldin, Bradford, Brooks, Bulbrd,
Carpenter, Cazenove, Cecil, J. J. Coleman, H. N. Coleman, Collier, Crockett, Dabney,
Dice, Edmunds, Ewing, Fleming, Fletcher, Flood, Forbes, Franklin, Garrison, Gatewood,
George, Gilmer, Gordon, Green, Harrison, Hopkins, Huntt, Irby, Johnson, Kaufman, Kyle,
Lynn, MeCamunt, A. W. McDonald, I. E. McDonald, Minor, R. E. Nelson, W. G. T. Nelson,
Nevvtou, Noland, Pitman, Prince, Reid, Richardson, Robertson, Robinson, Rutherfoord, P.
24
186
JOURNAL OF TIIE
Saunders, Shannon, Shcrrard, Spady, Staples, Stefjer, Tate, Thomas, Thrash, Tyler, Widen,
Vermillion, West, Williarns, J. L. Wilson, S. Wilson, Woodhouso and Woollolk—7U.
Mr. Forbes moved to amend the bill, by adding to the Kith sec¬
tion (relating to the tax on seals), the following : " but this section
shall not apply to seals of courts affixed to bonds of any county,
executed for money raised to aid in equipping soldiers of such coun¬
ties, or to aid in the support of the families of s^ch soldiersand
the question being on agreeing thereto, was put, and decided in the
affirmative.
Mr. Tate moved to amend the bill, in the 34th section, by striking
out "ten cents" (the tax on the gallon of liquor.manufactured), and
inserting " twenty centsand the question being 011 agreeing
thereto, was put, and decided in the affirmative.
Mr. GIilman moved to amend the bill, by adding at the end of the
32d section the following: "Provided, however, if the distillery is
engaged in distilling fruit only, and is not so engaged for more than
four months, no tax shall be imposed; but if so engaged for more
than four months, the tax shall be assessed and collected as in this
section provided;" and the question being on agreeing thereto—
pending the consideration thereof,
The hour of 2 J o'clock having arrived, the chair was vacated until
4£ o'clock P. M.
EVENING SESSION.
No. 82. A bill imposing taxes for the support of government, be¬
ing the order of the day, with the pending amendment submitted
thereto by Mr. Gilmer, was taken up. Pending the consideration
of which,
The hour having arrived for the consideration of the special order
of the day, viz: the report of the joint committee to correspond
with the lessees of the suit-works, the same was taken up, and on
motion of Mr. Saunders of Camj)bell, laid on the table.
No. 109. A. bill to authorize the governor to organize and call
out certain military forces for the defence of the state, was taken up,
on motion of Mr. Saunders, and read a second time.
Mr. Saunders submitted a substitute by way of amendment to
the bill; which was ordered to be printed.
Mr. Anderson of Botetourt moved that the bill and substitute be
laid on the table, and postponed to and made the order of the day
for to-morrow at 5 o'clock P. M.
Mr. Fleming moved an adjournment; and the question being on
agreeing thereto, was put, and it appearing that no quorum voted,
Mr. Anderson of Botetourt moved a call of the house; and the
question being on agreeing thereto, was put, and decided in the
negative.
Mr.. Tate moved an adjournment; and the question being on agree¬
ing thereto, was put, and decided in the affirmative—Ayes 37, noes 33.
On motion of Mr. Anderson, the vote was recorded as follows:
HOUSE OF DELEGATES.
187
Ayes—Messrs. Baker, Bradford, Cazenove, J. J. Coleman, H. N. Coleman, Collier, E. J,
Davis, Dice. Fleming, Franklin, Friend, George, Gilmer, Hunter, Irby, Johnson, Jones,
Kautman, Lockiidge, Mathews, I. E. McDonald, Minor, Montague, W. G. T. Nelson,
Prince, Shannon, Sherrard, Spady, Tate, Thomas, Tomlin, Tyler, Vaiden, Vermillion, Wal¬
ker, Williams and J. L. Wilson—37.
Noes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baskervill, Booten,
Buford, Cecil, Crockett, Custis, Flood, Forbes, Gillespie, Green, Harrison, Hopkins, Huntt,
James, Kyle, Lively, Lynn, McCamant, A. W. McDonald, Noland, Payne, Robertson,
Rowan, P. Saunders, R. C. Saunders, Shelfey, Stegcr, Thrash, Tredway and Wootten—33.
The Speaker declared the house adjourned until to-morrow, 11
o'clock.
THURSDAY, February 20, 1862.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, wa§ read as
follows:
In Senate, Feb. 19, 1862.
The senate have passed house bill entitled:
An act releasing the securities of Thomas K. Davis, late sheriff of
Prince William county, from the payment of damages, No. 43.
And they have passed a bill entitled:
An act to amend an act entitled an act to incorporate the Ameri¬
can agency, passed March 29, 4861.
In which bill they respectfully request the concurrence of the
house of delegates. ■ (
No. 52. A senate bill entitled an act to incorporate the American
agency, passed March 29, 1861, was read-a first and second times,
and referred to the committee of propositions and grievances.
On motion of Mr. Custis,
Resolved, that the committee on lunatic asylums enquire into the
expediency of making an additional appropriation of $30,000 for the
support annually of the Eastern lunatic asylum.
Mr. Hunter submitted the following resolution :
Resolved, that the existing order requiring the chair to be vacated
from 2£ o'clock P. M. to 4£ o'clock P. M. is hereby rescinded ; and
on and after this day the chair is ordered to be vacated from 3 o'clock
P. M. until o'clock P. M. each day until otherwise ordered.
And the question being on agreeing thereto, was put, and it ap¬
pearing that no quorum voted, Mr. Anderson moved a call of the
house, when the following members were noted as absent:
Messrs. M. L. Anderson, Barbour, Baskervill, Bass, Blue, Bouldin, Brooks, Burks, Daniel,
J. D. Davis, Dunn, Eggleston, Garrison, Grattau, Hopkins, Jordan, Lundy, Mallory, 1. E.
McDonald, McGruder, McKinney, McLaughlin, Murdaugh, Orgain, Rives, Rutkerfoord,
R. C. Saunders, Small, Tyler, Ward, S. Wilson, Woodson, Worsham, Wright and Wynne.
A quorum appearing, on motion of Mr. Prince, further proceed¬
ings under the call were dispensed with.
The question recurring on agreeing to the resolution, was put, and
decided in the affirmative.
188
JOURNAL OF THE
The following report of the committee for courts of justice was
taken up, on motion of Mr. Hunter :
The committee for courts of justice, to whom was referred a reso¬
lution of enquiry as to what number of members constitute a ma¬
jority of either house of the general assembly, under the 26t.li suc¬
tion of the 4.th article of the constitution, have had the subject un¬
der consideration, and have come to the following resolution :
Resolved, that the true construction of the 26th section of article
4th of the constitution of Virginia, requires the concurrent vote of
a majority only of all the members actually elected to each house, on
the passage of every act which imposes, continues or creates a debt
or charge, &c. And it having been ascertained that only mem¬
bers have been actually elected to the house, a majority of that num¬
ber or is all that is required under said section of the constitution.
Mr. Collier moved to recommit the report to the committee for
courts of justice, with instructions to report the reasons for the con¬
clusion arrived at; and the question being on agreeing thereto, Mr.'
Anderson of Botetourt demanded the previous question ; which was
sustained by the house; and being put, was decided in the negative—
Ayes 24, noes 70.
On motion of Mr. Collier, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), Brooks, Buford, Clarke, Collier, Crockett., Edmunds,
Egg'leston, Green, Harrison, Jones, Laidley, Noland, Prince, Riddick, Rives, Shannon, Tate,
Tomlin, Tredway, Vaiden, Walker, J. L. Wilson and Wootten—24.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Bayse, Booten, Bradford, Carter,
Cazenove, Cecil, J. J. Coleman, H. N. Coleman, Custis, Dabney, R. J. Davis, Dice, Evans,
Ewing, Fleming, Fletcher, Flood, Forbes, Franklin, Friend, George, Gillespie, Gilmer,
Gordon, Plopkins, Hunter, Huntt, Irby, James, Johnson, Kaufman, Kyle, Lively, Lock-
ridge, Lynn, Mathews, McCamant, A. W. McDonald, McLaughlin, Montague, Murdaugh,
R. E. Nelson, W. G. T. Nelson, Newton, Payne, Pitman, Keid, Richardson, Robinson,
Rowan, Rutherfoord. P. Saunders, If. C. Saunders, Sheffey, Sherrard, Staples, Steger, Tay¬
lor, Thomas, Thrash, Tyler, Vermillion, West, Williams, S. Wilson, Woodhouse and Wool-
folk—70.
Mr. Buford moved to lay the resolution on the table; and the
question being on agreeing thereto, Mr. Tate demanded the previous
question; yhich was sustained by the house; and being put, was
decided in the negative.
The question being on agreeing to the resolution, Mr. Cazenove
demanded a division of the question ; and the question being on
agreeing thereto, was put, and decided in the negative.
Mr. Prince moved the indefinite postponement of the resolution;
and the question being on agreeing thereto, Mr. McLaughlin de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the negative.
On motion of Mr. Hunter, the resolution was amended by adding
after the word "ascertained," the following: "by the judgment of
this house."
Mr. Wilson of Isle of Wight moved to fill the first blank in the
resolution with the number " 152 ;" and the question being on agree¬
ing thereto, was put, and decided in the negative—Ayes 2, noes 92.
On motion of Mr. Wilson of Isle of Wight, the vote was recorded
as follows:
HOUSE OF DELEGATES.
189
Ayes—Messrs. Harrison and J. L. Wilson—2.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Baskervill, Bayse, Booten, Brad¬
ford, Brooks, Buford, Carpenter, Carter, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Col¬
lier, Crockett, Dabney, R. ,T. Davis, Dice, Edmunds, Egglestoii, Evans, Ewiug, Fleming,
Fletcher, Flood, Forbes, Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Gordon,
Green, Hopkins, Hunter, Huntt, Irby, James, .Johnson, Jones, Kaufman, Kyle, Lively,
Lockridge, Lynn, Mathews, McCamaut, A. W. McDonald, I. E. McDonald, McLaughlin,
Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton,.Noland. Payne,
Pitman, Prince, Reid, Richardson, Riddick, Rives, Robinson, Rowan, Rutherfoord, P. Saun¬
ders, R. C. Saunders, Shannon, Sheffey, Sherrard, Spady, Staples, Steger, Tate, Taylor,
Thomas, Thrash, Tomlin, Tyler, Vermillion, Walker, West, Williams, S. Wilson, Wood-
house, Woolfolk and Wootten—91.
Mr. Hunter moved to fill the first blank in the resolution with
the words " one hundred and twenty-sixand the question being
on agreeing thereto, Mr. James demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative—Ayes 63, noes 31.
On motion of Mr. Green, the vote was recorded as follows:
. ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Bayso, Carpenter, Carter, Cecil,
Clarke, J. J. Coleman, H. N. Coleman, Crockett, Dabney, Dice, Egglcston, Ewing, Flood,
Forbes, Franklin, Gatewood, George, Gillespie, Hopkins, Hunter, Irby, James, Kaufman,
Kyle, Lively, Lockridge, Lynn, Mathews, McCamant, A. W. McDonald, I. E. McDonald,
McLaughlin, Minor, Murdaugh, R. E. Nelsou, W. G. T. Nelson, Newton, Payne, Pitman,
Held, Kichardsdn, Riddick, Robinson, Rowan, Rutherfoord, R. C. Saunders, Shannon,
Sherrard, Staples, Steger, Tate, Taylor, Thomas, Thrash, Tyler, Vermillion, Walker, Wil¬
liams, Woodhouse and Woolfolk—S3.
Noes—Messrs. Kemper (speaker), Booten, Bradford, Brooks, Buford, Cazenove, Collier,
R. J. Davis, Edmunds, Fleming, Fletcher, Friend, Gilmer, Gordon, Green, Harrison, John¬
son, Jones, Montague, Noland, Prince, Rives, Robertson, Sheffey, Spady, Tomlin, Tred-
way, West, J. L. Wilson, S. Wilson and Wootten—31.
The second blank in the resolution was then filled with the word
" sixty-four."
And the question being on agreeing to the resolution of the com¬
mittee as amended, Mr. Cazenove demanded a division of the ques¬
tion. Pending the consideration of which,
The hour of recess having arrived, the chair was vacated until 7|-
o'clock P. M.
EVENING SESSION.
On motion of Mr. Steger, the resolution in relation to the number
to constitute a, quorum, reported from the committee for courts of
justice, was laid on the table.
The following bills were taken up, on motion of Mr. Montague,
read a first time, and two-thirds concurring, read a second time, and
ordered to be engrossed and read a third time:
No. 76. A bill requiring the penitentiary storekeeper to make
quarterly reports to the board of directors.
No. 77. A bill to remove lunatics confined in the penitentiary to
the lunatic asylums.
No. 61. A bill refunding to William M. Hume, sheriff of Fauquier
county, damages paid by him as such, was taken up, on motion of
Mr. Forbes, read a first time, and two-thirds concurring, read a
second time, and ordered to be engrossed and read a third time.
190
JOURNAL OF THE
Mr. Baker presented the petition of James Reid, asking for pay¬
ment of a claim for bread seized and used by the state government;
which was ordered to be referred to the committee on finance.
Mr. Newton presented the petition of James B. Taylor of "West¬
moreland, praying compensation for a boat taken by runaway slaves
and lost; which was ordered to be referred to tlie committee on
finance.
On motion of Mr. Steger,
Resolved, that the committee for courts of justice enquire into the
expediency of amending section 3 of chapter 103, and section 17 of
chapter 107 of the Code, and also of fixing by law the rights, privi¬
leges and disabilities of free persons of mixed blood.
On motion of Mr. Baker,
Resolved, that the committee on military affairs enquire-into the
expediency of reporting a bill to authorize the civil authorities of
any city or town to prohibit and prevent the sale of ardent spirits or
other intoxicating drinks in such city or town, when requested to clo
so by the military officers in command at such city or town.
On motion of Mr. Bradford,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill authorizing the governor of the com¬
monwealth to equip three batteries of artillery (four guns each); to
be furnished the Maryland brigade, upon condition they enter the
confederate service as a portion of Virginia's quota of troops.
On motion of Mr. Forbes,
Resolved, that the speaker of this house tender to the confederate
congress the use of this hall on Saturday, the 22d instant, for the
purposes of the inauguration of the president and vice-president of
the Confederate States.
. On motion of Mr. Saunders of Campbell,
Resolved, that the committee on military affairs enquire into the
expediency of providing by law for conferring a suitable medal for
volunteers who re-enlist.
On motion of Mr. Noland,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending section 18 of chapter 105 of the Code of
Virginia, as to provide for compensating the jailors of the common¬
wealth for collecting and paying over the fees and rewards allowed
by the said chapter to the parties apprehending runaway slaves.
On motion of Mr. Cazenove, the resolution reported from the
committee for courts of justice in relation to the number to consti¬
tute a quorum of the house, was taken up.
Mr. Cazenove, by leave of the house, withdrew the call for a
division of the question.
Mr. Collier submitted the following substitute for the resolution:
"Whereas, by the recorded judgment of this house, vacancies
exist in the representation in the house of delegates from the counties
of Ohio, Preston, Monongalia, Harrison, Marion, Kanawha, Brooke,
Hancock, Marshall, Wetzel, Taylor, Upshur, Lewis, Wood, Putnam
and Mason, and from the election districts composed of the counties
HOUSE OF DELEGATES.
191
of .Ritchie and Pleasants, Doddridge and Tyler, and Jackson and
Roane: And whereas the convention of Virginia did by ordinance
empower this body to fill any vacancy which might be declared by
this house to exist in such representation : And whereas a grave ques¬
tion of constitutional construction has arisen in relation to the pro¬
per understanding of the 2Gth section of the 4th article of the con¬
stitution, by reason of the existence of such vacancies: Therefore,
Resolved, that this house will, on to-morrow at 12 o'clock, pro¬
ceed to appoint delegates to represent those counties, the represen¬
tation of which have heretofore been declared vacant by this house."
And the question being on agreeing to the amendment submitted
by Mr. Collier, Mr. Tate demanded the previous question ; which
was sustained by the house; and being put, was decided in the ne¬
gative—Ayes 13, noes 82.
On motion of Mr. Baskervill, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), Baskervill, Brooks, Cazenove, Collier, Gatewootl,
Given, Hopkins, Huutt, Johnson, Lively, Robinson and Sherrard—Id.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Booten, Bouldin, Bradford, Bu-
frml, Carpenter, Carter, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Crockett, R. J. Davis,
Edmunds, Egglest-on, Evans, Ewing, Fleming, Fletcher, Flood, Forbes, Franklin, Fiiend,
George, Gillespie, Gilmer, Gordon, Harrison, Hunter, Irby, James/Jones, Jordan, Kaufman,
Kyle, Laidley, Lockridge, Lynn, Mallory, Mathews, McCamant, A. W. McDonald, I. E.
McDonald, McKinney, Minor. Montague, R. E. Nelson, Newton, Noland, Payne, Pitman,
Prince, Reid, Riddick, Rives, Robertson, Eutherfoord, P. Saunders, R. C. Saunders, Shan¬
non, Sheffey, Spady, Staples, Steger, Tate, Thomas, Thrash, Tomlin, Tredway, Tyler,
Vaiden, Vermillion, Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Wool-
folk and Wootten—82.
The question recurring on agreeing to the resolution as amended,
3vas put, and decided in the affirmative—Ayes 52, noes 41.
On motion of Mr. Harrison, the vote was recorded as follows:'
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Bayse, Bradford, Caipenter,
Carter, Cecil, Clarke, J. J. Coleman, H. N. Coleman, Crockett, Dice, Eggleston, Ewing,
Forbes, Franklin, Gatewood, George, Gillespie, Hopkius, Hunter, Irby, James, Jordan,
Kaufman, Kyle,, Lively, Loekridge, Lynn, Mathews, McCamant, I. E. McDonald, Minor,
R. E. Nelson, Newtou, Payne, Pitman, Reid. Rutherfoord, P. Saunders, Shannon, Sherrard,
Staples, Steger, Thrash, Tyler, Vermillion, Ward, Williams, Woodhouse and Woolfolk—52.
Noes—Messrs. Kemper (speaker), Baskervill, Booten, Bouldin, Brooks, Buford, Collier,
R.J. Davis, Edmunds, Evans, Fleming, Fletcher, Flood, Gilmer, Gordon, Green, Harrison,
lluntt, Johnson, Jones, Mallory, A. W. McDonald, McKinney, Montague, Noland, Prince,
Riddick, Rives, Robertson, R. C. Saunders, Sheffey. Spady, Tate, Thomas, Tomlin, Tred¬
way, Vaiden, West, J. L. Wilson, S. Wilson and Wootten—41.
No. 109. A bil 1 to authorize the governor to organize and call out
certain military forces for the defence of the state, was taken up, on
motion of Mr. Anderson of Botetourt,'laid on the-table, and post¬
poned to and made the order of the day for to-morrow at 12 o'clock,
and so on from day to day until disposed of.
No. 103. A bill authorizing Maryland volunteers wTho re-enlist in
the troops of Virginia, to be transferred to Maryland regiments, was
taken up, on motion of Mr. Jones, read a first time, and on his fur¬
ther motion, two-thirds concurring, 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,
(Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 93. An engrossed bill to provide for the phyment of interest
to loyal citizens on certain bonds guaranteed by the commonwealth,
102
JOURNAL OF THE
was taken up, on motion of Mr. Bradford, read a third time anil
passed—Ayes SI, noes 3.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Auderson, linker, Buskervill,
Bayse, Booteu, Boulditi, Bradford, Brooks, Buford, Carter, Cazenove, Cecil, J, J. Coleman,
H. N. Coleman, Collier, Crockett, Dabney, R. J. Davis, Dice, Eggleston, Ewing, Fleming,
Fletcher, Flood, Forbes, Franklin, Friend, Gate-wood, George, Gillespie, Gilnier, Gordon,
Green, Harrison, Hopkins, Hunter, Irhy, Johnson. Jones, Jordan, Kaufman, Kyle, Laidlcy,
Lively, Loekridgc, Lynn," Mallory, Mathews, McCamant, A. "W. McDonald, McKinney,
Minor, Montague, R. E. Nelson, Newton, Noland, Payne, Pitman, Prince, Keid, Kiddick,
Rives, Robertson, Ruthcrfoord, P. Saunders, Shannon, Slieffey, Sherrard, Spady, Stager,
Tate, Thrash, Tredway, Tyler, Yaiden, Vermillion, Ward, West, J. L. Wilson, S. Wilson,
Woolfolk and "VVootteu—84.
Noes—Messrs. Edmunds, Huntt and Tomlin—3.
Ordered, that the clerk' communicate the same to the senate, and
request their concurrence.
No. 91. A bill to incorporate the West fork iron manufacturing"
company in Floyd county, was taken up, on motion of Mr. Thrash,
read a first time, and two-thirds concurring, 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.
No. 26. A senate bill entitled an act to amend section 27 of chap¬
ter 24 of the Code (new edition), providing'for a clerk in the adju¬
tant general's office, was taken up, 011 motion of Mr. Bouldin (and
heretofore amended), as amended, was read a third time and passed—
Ayes 84, no 1.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Bnskervill,
Bayse, Booten, Bouldin, Bradford, Brooks, Buford, Carter, Cazenove, Cecil, J. J. Coleman,
H. N. Coleniau, Collier, Crockett, Dabney, R. J. Davis, Dice, Edmunds, Evans, Ewing,
Fleming", Fletcher, Flood, Forbes, Franklin, Friend, Gatewood, George, Gillespie, Gilmer,
Gordon, Green, Harrison, Hopkins, Huntt, Irby, Jones, Jordan, Kaufman, Kyle, Laidlcy,
Lively, Lynn, Mallory, Mathews, McCamant, A. W. McDonald, I. E. McDonald, Mc.Kin-
ney, Minor, Montague, R. E. Nelson, Newton, Payne, Pitman, Prince, Kiddick, Rives, Ro¬
bertson, Eutherfoord, P. Saunders," E. C- Saunders, Shannon, Sheti'ey, Sherrard, Spady,
Staples, Steg-er," Tate, Thrash, Tomlin, Tredway, Tyler, Yaiden, Vermillion, Williams, J.
L. Wilson, S. Wilson, Woolfolk and Wootteu—84.
No—Mr. Johnson—1.
Ordered, that the clerk communicate the same to the senate, anil
request their concurrence.
No. 30. A senate bill entitled an act for the relief of. John II.
Cunningham, administrator of Newton Cunningham, late sheriff of
Prince Edward county, was taken up, on motion of Mr. Tredway,
read a third time and passed—Ayes 80.
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Baker, Baskervill, Bayse, Booten,
Bouldin, Bradford, Brooks, Buford, Carter, Cazeuove, Cecil, J. J. Coleman, II. N. Coleman,
Collier, Crockett, Daniel, R. J. Davis, Dice, Eggleston, Evans, Ewing, Fleming, Fletchei,
Flood, Forbes, Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Green, Harrison,
Hopkins, Irby, Johnson, Jones, Jordan, Kaufman, Kyle, Laidlcy, Lynn, Mallory, Mathews,
McCamant, A. W. McDonald, McKinney, Minor, Montague, E. E. N'dson, Payne, Pitman,
Prince, Riddick, Rives, Robertson, Eutherfoord, P. Saunders, R. C. Saunders, Shannon,
Slieffey, Sherrard, Spady, Staples, Stager, Tate, Thrash, Tomlin, Tredway, Tyler, Vuideu,
Vermillion, Ward, WiLiams, J. L. Wilson, S. Wilson, Woolfolk and Wootten—81).
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Woolfolk, the house adjourned until to¬
morrow, 11 o'clock.
HOUSE OF DELEGATES.
193
FRIDAY, February 21, 1862.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. Kaufman, from the committee of claims, presented the follow¬
ing bill:
No. 113. A bill to compensate Samuel S. Bryant for certain services
as prosecutor in the hustings court of Danville.
Mr. Newton, from the committee on finance, presented the follow¬
ing bill:
No. 114. A bill for the relief of Robertson Cooke.
Mr. Newton, from the same committee, presented the following
reports:
An adverse report as to the expediency of allowing sheriffs further
time than that now allowed by law to pay the portion of the revenue
due from them in March next.
An adverse report to resolution of enquiry as to expediency of ex¬
tending the time within which commissioners of .the revenue shall
deliver their assessments.
An adverse report to the petition of David B. Taylor of the county
of Westmoreland, asking compensation for a boat sunk by conspira¬
tors in an attempt to carry off slaves.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 115. A bill to authorize field artillery to be made and small
arms purchased for the state; which, on his motion, was read a first
time, and ordered to be read a second time.
Mr. Buford, from a special committee, presented the following
bill:
No. 118. A bill to authorize the Piedmont rail road company to
construct their road, within the limits of Virginia, to the Richmond
and Danville rail road ; 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, transmitting a communication from
George W. Munford, Esq., accompanied by a report of the auditing
board, relating to the case of Col. William J. Willey; which were
read, and referred to the committee on military affairs.
On motion of Mr. Rives,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to Archibald M. Drew a license tax which was
paid but never used.
On motion of Mr. Davis of Campbell,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of altering the existing law in reference
to building fund associations, so as to allowT a stockholder in said
association to own more than fifty shares of stock.
Mr. Flood presented the petition of Wilson Hix, sheriff of Appo¬
mattox county, asking that the amount of a fine imposed by the
court of hustings of the city of Richmond, and paid by him, with
25
194
JOURNAL OF THE
costs, may be refunded; which was ordered to be referred to tlie
committee on finance.
Mr. Carpenter presented the petition of citizens of Alleghany
county, prayiug the general assembly to pass a law to prohibit the
distillation of grain; which was ordered to be referred to the special
committee on that subject.
No. S3. A bill allowing further time to the owners of lots in the
town of Columbia in the county of Fluvanna, to build on and im¬
prove the same, was taken up, on motion of Mr. Nelson of Flu¬
vanna, read a second time, and ordered to be engrossed and read a
third time.
No. 84. A bill for the relief of William T. Fitchett, common¬
wealth's attorney for the county of Northampton, was taken up, on
motion of Mr. Spady, read a second time, and ordered to be engrossed
and read a third time.
No. 40. A bill for the relief of the securities of Robert 0. Doss,
late sheriff of the county of Campbell, was taken up, on motion of
Mr. Davis of Campbell, read a second time, and ordered to be en¬
grossed and read a third time.
No. 59. A bill changing the county lines of Puluski and Wythe,
was taken up, on motion of Mr. Cecil, read a first time, and ordered
to be read a second time.
No. 50. An engrossed bill for the relief of John Avis, late jailor
of Jefferson county, was taken up, on motion of Mr. Kaufman, read
a third time and passed—Ayes 84, noes 3 2.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Baskervill, Blue, Ilootcn,
Bouldin, Bradford, Buford, Carpenter, Carter, Cazenove, Cecil, Clarke, J. J. Coleman, II.
N. Coleman, Collier, Crockett, Dabney, J. D. Davis, R. J. Davis, Dice, Edmunds, Ewing,
Fleming, Flood, Forbes, Franklin, Friend, Garrison, George, Gillespie, Gilmer, Gordon,
Green, Hopkins, Hunter, Irby, Jones, Jordan, Kaufman, Kyle, Laid Icy, Lively, Lockridgo,
Lynn, Mathews, McCamant, A. W. McDonald, I. E. McDonald, McLaughlin, 3.1 in or, Mon¬
tague, It. E. Nelson, Newton, Payne, Pitman, Real", Eiddiek, Robinson, Rowan. Ruthcr-
foord, P. Saunders, R. C. Saunders, Shannon, Sheffey, Sherrard, Spady, Staples, Stcger,
Tate, Taylor, Thomas, Thrash, Tomlin, Tredway, Vaidcn, Ward, J. L. Wilson, Woodhouse,
Woolfolk, Wootten, Wright and Wynne—84.
Noes—Messrs. F. T. Anderson, Barbour, Bayse, Eggleston, Fletcher, Harrison, McKin-
mey, W. G. T. Nelson, Prince, Rives, Vermillion and West—12.
Ordered, that Mr. Kaufman carry the same to the senate, and re¬
quest their concurrence.
No. 105. A bill to amend and re-enact section 1st of chapter 57
of Acts of 1861, was taken up, on motion of Mr. Robertson, read
a second time, and ordered to be engrossed and read a third time.
Mr. Saunders of Franklin moved to suspend the rules, with a
view to reconsider the vote of yesterday, agreeing to a resolution
from the committee for courts of justice, in relation to the proper
construction of the 26th section of article 4-th of the constitution;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
On motion of Mr. Robertson,
Resolved, that the resolution be recommitted to the committee for
courts of justice.
On motion of Mr. Newton,
Resolved, that the committee on military affairs be instructed to
HOUSE OF DELEGATES.
195
enquire into the expediency of furnishing from the state forces a
number of seamen, ordinary seamen, landsmen and boys, not in the
aggregate more than four thousand, to be employed in the defence of
the Chesapeake and its tributaries.
On motion'of Mr. Wooleolk,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a bill imposing a heavy tax 6n agents for procuring
substitutes for militiamen and volunteers in the army, and requiring
them before the license is granted,, to enter into bond with approved
security for a large amount, conditioned that their business shall be
conducted in a manner so as not to impose on either party in pro¬
curing substitutes. j
Mr. Fleming submitted the following resolution; which being
objected to, was laid oyer under the rule:
Resolved, that, the senate concurring, this house will, on Thursday
the 27th instant, proceed to elect the following officers : A secretary
of the commonwealth, a treasurer, an auditor of public accounts, a
second auditor, a register of the land office, a superintendent of the
penitentiary, a general agent and storekeeper of the penitentiary,
and a public printer.
On motion of Mr. Coleman of Nelson,
Resolved, that the committee of claims be instructed to enquire
into the expediency of allowing a claim of Hopkins & Wilt, a firm
of merchants of the town of Howardsville in Albemarle county, for
articles of necessity furnished Captain Hopkins' company of volun¬
teers while required by the governor to rendezvous in that town. •
Mr. Robertson submitted the following resolution; which, on his
motion, was laid on the table:
Resolved by the general assembly, that it is expedient to prolong
the session of the general assembly, beyond the constitutional period
of ninety days, and that the same be extended to the ' day of
next.
Mr. McDonald of Hampshire submitted the following resolution:
Resolved, that the committee for courts of justice, to whom was
referred the construction of the constitution.of the state, be instructed
to report also what construction is to be given to section 2 of article
4th, and the 8th section of same article, or any other article or
section of the constitution requiring to be construed in order to pro¬
ceed with the business of this house.
And the question being on agreeing thereto—pending the con¬
sideration of which,
The hour of 12 o'clock having arrived, the order of the day, which
was
No. 109. A bill to authorize the'governor to organize and call out
certain military forces for the defence of the state, with the substitute
thereto submitted by Mr. Saunders of Campbell, was taken up.
Mr. Prince moved to amend the bill, in the 1st section, by strik¬
ing out the words in the fifth line, " in the several counties of the
commonwealth and" (so as to confine the draft to the cities); and
the question being on agreeing thereto, Mr. Harrison demanded the
196
JOURNAL OF THE
previous question ; which was sustained by the house ; and being
put, was decided in the affirmative—Ayes 71, noes
On motion of Mr. Prince, the vote was recorded as follows :
Ayes—Messrs. Kemper (speaker), Harbour, Ikiyse, Blue, Bootcn, Bnnltbrd, Brooks,
Buford, Carpenter, Carter, Clarke, Collier, Custis, Dalmey, J. 1). Davis, Dunn, Edmunds,
Eggleston, Evans, Fleming, Fletcher, Franklin, Friend, Carrison, Giitewixwl, Ceorge, (iil-
lespie, Gordon, Green, Harrison, Hopkins, Iluntt, Johnson, Jones, Jordan, Kaufman, Lively,
Lynn, Mathews, A. \V. McDonald, Minor, R. E. Nelson, W. G.T.Nelson, Newton, Roland,
Prince, Riddick, Rives, Rowan, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Slief-
fey, Staples, Tate, Taylor, Thomas, Thrash, Tomlin, Tredway, Vermillion, Ward, West,
Williams, J. L. Wilson, Woodhouse, Woodson, Wooliblk, Wootten and Wright—71.
Noes—Messrs, J. T. Anderson, F. T. Anderson, Baker, Cazenove, Cecil, J. ,T. Coleman,
Crockett, R. J. Davis, Dice, Flood, Forbes, Gilmer, Hunter, Irby, James, Kyle, Lockridge,
McCamant, I. E. McDonald, McKinney, McLaughlin, Montague, Murdaugh, l'aync, l'it-
man, Reid, Robertson, Robinson, Sherrard, Steger, Tyler, Vaiden and Wynne—lid.
On motion of Mr. Barbour, the bill and substitute were laid on
the table.
A message was received from the senate by Mr. Cogitill, who in¬
formed the house of delegates that the senate had agreed to a pre¬
amble and resolutions in relation to Judge E. P. Pitts of. the 5th
circuit; and that they had agreed to a resolution for a joint com¬
mittee to prepare a course of proceeding against E. P. Pitts, judge of
the 5th circuit: in which they respectfully requested the concurrence
of the house of delegates.
No. S2. A bill imposing taxes for the support of government, was
taken up, on motion of Mr. Barbour ; and the question being on
agreeing to the amendment heretofore, submitted by Mr. Gilmer, ex¬
empting from taxation distilleries engaged for four months in the
distillation of fruit, was put, and decided in the affirmative.
Mr. Hunter moved to amend the 16th section, as amended, by
adding thereto the following: " Nor shall the tax provided in this
section apply to any seal of a court affixed to any papers required in
order to receive the arrearages of pay or allowances to a deceased
soldier, either from this state or the Confederate States;" and the
question being on agreeing thereto, was put, and decided in the
affirmative.
Mr. Steger moved to amend the bill, in the 42d section, by in¬
serting after the word " express," " or telegraph and the question
being on agreeing thereto, was put-, and decided in the affirmative.
Mr. Green moved to add to the section the following: " hut no
license shall be required of any telegraph company, unless its annual
receipts amount to the sum of dollars ; and the question being
on agreeing thereto, was put, and decided in the affirmative.
"Mr. McDonald of Hampshire moved to amend the bill, by in¬
serting after the end of the 47th section the following: "and on
every license to a person engaged in procuring substitutes for drafted
•men or volunteers for compensation, dollar's; and the question
.being on agreeing thereto, was put, and decided in the negative.
Mx. Woolfolk submitted the following as an independent section:
" On every person, for a license to act as agent to procure substi¬
tutes for militiamen or volunteers for the army, there shall be a tax
of five hundred dollars: but before the said license shall be granted,
the applicant shall enter into bond with sufficient security (to be ap-
HOUSE OF DELEGATES.
197
proved by the county or corporation court), for the sum of twenty-
five thousand dollars, conditioned that his business shall be conducted
in such a manner as that no injustice shall be done to either party;
to be judged of by the said court in case of any complaint."
And the question being on agreeing thereto, was put, and decided
in the negative.
On motion of Mr. Barbour, the bill as amended was recommitted
to the committee on finance. :
Mr. Blue submitted the following resolution; which being ob¬
jected to, was laid over under the rule:
Resolved, that the rules of the house of delegates be so amended
as to conform to the rules of the senate on the standing committees,
viz: that the committee on the penitentiary and the armory be and
they are herfeby constituted joint committees.
On motion of Mr. Tomlin,
Resolved, that when this house adjourns, it will adjourn to meet
on Monday next at 11 .o'clock.
Mr. Collier moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative—Ayes 24,
noes 50.
On motion of Mr. McDonald of Hampshire, the vote was re¬
corded as follows:
Ayes—Messrs. Kemper (speaker), Barbour, Blue, Brooks, H. N. Coleman, Collier, J. D.
Davis, Dice, Ewing, Garrison, Gatewood, George, Gilmer,' Jones, Lively, McKinney,
McLaughlin, Spady, Tate, Thomas, Tomlin, J. L. Wilson and Woolfollt—24.
Noes—Messrs. J. T. Anderson, F. T. Anderson,. Buford, Cecil, Clarke, J. J. Coleman,
Crockett, Dabney, R. J. Davis, Edmunds, Fleming, Fletcher, Flood, Franklin, Gillespie,
Gordon, Green, Harrison, Hunter, Huntt, Johnson, Jordan, Kyle, Lynn, Mathews, McCa-
mant, A. W. McDonald, Minor, Montague, Newton, Payne, Pitman, lieid, Rives, Robert¬
son, Robinson, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Sheffey, Sherrard,
Steger, Thrash, Tredway, Vermillion, Williams, Wootten, Worsham and Wynne—50.
The hour of recess having arrived, the chair was vacated until
7£ o'clock P. M.
EVENING SESSION.
Mr. Jones moved an adjournment; and the question being on
agreeing thereto* was put, and decided in the negative—Ayes 11,
noes 44. *
On motion of Mr. Jones, the vote was recorded as follows:
Ayes—Messrs. Collier, Gatewood, Gilmer, Johnson, Jones, Mallory, McKinney, W. G.
T. Nelson, Rives, Thomas and Vaiden—11.
Noes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Bradford, Brooks,
Cecil, Clarke, Crockett, Dabney, J. D. Davis, Fletcher, Forbes, Franklin, George, Gilles¬
pie, Gordon, Harrison, Hopkins, Huntt, James, Jordan, Lively, Mathews, McCamant, Mi¬
nor, Montague, R. E. Nelson, Payne, Pitman, Prince, Reid, Robertson, Rowan, P. Saun¬
ders, R. C. Saunders* Shannon, Sherrard, Steger, Tredway. West, J. L. Wilson, Wood-
house, Woolfolk and Wynne—44.
It appearing that no quorum voted, Mr. Mallory moved a call of
the house ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
198
JOURNAL OF THE
The roll was then called the first and second times, and the fol¬
lowing members noted as absent:
Messrs. M. L. Anderson, Barbour, Bass, Buyse, Blue, Booten, Bouldin, Buford, Burks,
Carpenter, Carter, Cazenove, J. J. Coleman, IB N. Coleman, Custis, Daniel, 11. J. Dm is,
Dice, Dunn, Edmunds, Evans, Ewing, Fleming, Friend, Grattan, Green, llunter, Iiky,
Kyle, Laidley, Lockridge, Lundv, A. W. McDonald, I. E. McDonald, McGnnlcr,
McLaughlin, Murdaugh, Newton, Noland, Orgain, Richardson, Riddick, Robinson, liu-
therfoord, Small, Spady, Tate, Taylor, Tomlin, Tyler, Walker, Ward, Williams, S. Wilson,
Woodson, Wootten, Worsham and Wright.
The doors were then closed, by order of the Speaker.
Pending the third call of the roll, and after the following members
had been excused, viz: Messrs. M. L. Anderson, Barbour and Bass,
Mr. Shefeey moved that further proceedings under the call be
dispensed with; and the question being on agreeing thereto, was
put, and decided in the affirmative.
The doors were then opened; and a quorum appearing, Mr. Tred-
way moved that the house resolve itself into secret session; and the
question being on agreeing thereto, was put, and decided in the affir¬
mative.
Resolved, that a committee of five be appointed to enquire into
the state of the defences upon James river, and report to this body';
and the question being on agreeing thereto, Mr. Tate demanded the
previous question; which was sustained by the house;'and being
put, was decided in the negative.
The chair announced .the following committee under the resolu¬
tion : Messrs. Saunders of Campbell, Wynne, Tomlin, Tredway aild
ShefFey.
The report of the joint committee to correspond with the lessees
of the salt works, was taken up, on motion of Mr. McCamant, laid
on the table, and made the order of the day for Monday next at 12
o'clock.
On motion of Mr. Rowan,
Resolved, that the committee on finance enquire into the expedi¬
ency of refunding to Thomas F. Parker the sum of seventy-three dol¬
lars and thirty-three cents, paid by him into the treasury for the pri¬
vilege of keeping an ordinary, in the town of Union in the county of
Monroe, and not used by him. •
On motion of Mr. McKinney, the house adjourned until Monday
next, 11 o'clock.
MONDAY, February 24, 1SG2.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
' A communication from the senate, by their clerk, was read as
follows :
In Senate, Feb. 21, 1802.
The senate have agreed to the amendment proposed by the house
of delegates to senate bill entitled:
HOUSE OF DELEGATES.
199
An act to amend section 27 of chapter 24 of the Code (new edi¬
tion) providing for a clerk in the adjutant general's office, No. 26.
They have passed house bill entitled:
An act to provide for the construction of a rail road connection
between the Orange and Alexandria and Manassas gap rail roads and
the Richmond, Fredericksburg and Potomac rail road, No. 37.
And they have passed a bill entitled:
An act to repair the road leading from the Warm springs, by Hun-
tersville, to Greenbrier river, at Marlin's Bottom, No. 55.
In which they respectfully request the concurrence of the house of
delegates.
No. 55. A senate bill entitled an'act to repair the, road leading
from the Warm springs, by Huntersville, to Greenbrier river, at Mar¬
lin's Bottom, was read a first and second times, and on motion of Mr.
Lockridge, laid on the table.
A resolution from the senate for the appointment of a joint com¬
mittee to prepare a course of proceeding against E. P. Pitts, judge of
the 5th circuit, was taken up and agreed to.
Ordered, that the clerk inform the senate thereof.
The Speaker subsequently announced the following committee
under the resolution : Messrs. Evans, McKinney and Green.'
Mr. McCamant, from the committee of propositions and grievances,
to whom had been referred
No. 52. A senate bill entitled an act to amend an act entitled an
act to incorporate the American agency, passed March 29, 1861, re¬
ported the same without amendment.
Mr. McGamant, from the same committee, to whom had been re¬
ferred the petition of Sampson P. Bailey of Fauquier county, pre*
seated the following resolution ; which was concurred in :
Resolved, that the committee be discharged from the consideration
of the petition, and that the same be referred to the committee on
finance.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 117. A bill to pay to George Cooper a certain sum of money
for services as clerk of the 115th regiment of militia. ' ,
Mr. Saunders of Campbell, from a special committee, presented a
report in relation to the military defences of Richmond.
Mr. Saunders of Campbell, from- the same committee, presented
the following bill:
No. 118. A bill to provide for the defence of the city of Richmond.
The resolution, heretofore submitted by Mr. Blue, providing that
the committees of the house and senate on the armory and to examine
the penitentiary, should be joint committees, was taken up and con¬
curred in.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Brooks, ' ,
Resolved, that the committee on finance be instructed to enquire
into the expediency of providing by law for the release of county
tax on slaves.
200
JOURNAL OF TIIE
On motion of Mr. Cazenove,
Resolved, that the committee on finance 1>e directed to enquire
into the expediency of refunding to S. A. Larkin of the city Alex¬
andria the sum of $112 50,. being the amount of license tax paid by
him for t'he year ending 1st May 1S62, and which he has not heeu
able to use by reason of the occupation of said city by the public
enemy.
Mr. Anderson of Rockbridge submitted the following resolution;
which was laid on the table :
Resolved, that Charles Dimmock, colonel of ordnance, be requested
to make a careful and thorough examination of the fortification and
defences of this city, and report the condition thereof to this house
with as little delay as practicable.
Mr. Harrison presented the petition of citizens of Loudoun county,
praying an amendment of the stay law; which was ordered to be
referred to the committee for courts of justice.
No. 109. A bill to authorize the governor to organize and call out
certain military forces for the defence of the state, was taken up.
Mr. Woolfolk moved a suspension of the rule, with a view to
reconsider the vote by which the house struck out the words "in the
several counties of the commonwealth and;" and the question being
on agreeing thereto—pending the consideration thereof,
On motion of Mr. Barbour, the bill was laid on the table.
The report of the joint committee to correspond with the lessees
of the salt works, being the order of the day, was taken up, and on
motion of Mr. Anderson of Rockbridge, postponed to and made the
order of the day for to-morrow at 12 o'clock.
A message was received from the senate by Mr. Carson, who
informed the house of delegates that the senate had passed house bill
entitled an act'- to provide for the construction of a rail road for
military purposes, connecting the Manassas gap rail road at or near
Strasburg in the county of Shenandoah, with the Winchester and
Potomac rail road at or near Winchester in the county of Frederick.
Mr. Barbour, from the committee on finance, to whom was re¬
committed
No. 82. A bill imposing taxes for the support of government, re¬
ported the same with amendments.
On motion of Mr. Barbour, the bill and amendments were taken
up, and the- amendments concurred in. .
Mr. Wilson of Isle of Wight moved to amend the bill, by addiug
after the word " manufactured," in the 34th section, the words " ex¬
cept that manufactured from fruit;" and the question being on
agreeing thereto, Mr. Anderson of Rockbridge demanded the pre¬
vious question; which was sustained by the house; and being put,
was decided in the negative—Ayes 35, noes 61.
On motion of Mr. Rives, the vote was recorded as follows:
Ayes—Messrs. Baker, Brooks, Buford, Carpenter, Clarke, Custis, Epgleston, Fletcher,
Franklin, George, Gillespie, Gilmer, Jones, Jordan, Kyle, Luudy, Lynn, MoCniiiaut, I. E.
McDonald, McKiuney, McLaughlin, Minor, Murdaugh, R. E. Nelson, W. G. T. Nelson,
Rives, Shannon, Staples, Taylor, Thrash, Vaiden, Vermillion, West, J. L. Wilson and
Wright—35.
HOUSE OF DELEGATES.
201
Noes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Barbour, Blue, Booten,
Bonldin, Bradford, Cazenove, Cecil, J. J. Coleman, Crockett, Dabney, Daniel, J. D. Davis,
R. J. Davis, Dice, Dunn, Edmunds, Ewing, Fleming1, Flood, Forbes, Friend, Gatewood,
Grattan, Harrison, Hopkins, Hunter. Huntt, James, Johnson, Kaufman, Lockridge, Ma¬
thews, A. W. McDonald. Montague, Newton, Orgain, Payne, Pitman, Reid, Richardson,
Robertson, Rowan, Rutherfoord, P. Saunders, Sherrard, Steger, Tate, Thomas, Tomlin,
Tyler, Walker, Ward, Williams, Woodson, Woolfolk, Wootten, Worsham and Wynne—61.
The question being—Shall the bill be engrossed alid read a third
time? Mr. Barbour demanded the previous question; which was
sustained by the housji; and being put, was decided in the affirmative.
On motion of Mr. Saunders of Campbell, the house resolved it¬
self into secret session.
On. motion of Mr. Saunders of Campbell, the report from the
special committee submitted in relation to the defences of Richmond
city, was taken up. Pending the consideration of which,
The hour of recess having arrived, the chair was vacated until 7£
o'clock P. M. •
EVENING SESSION.
Mr. Tomlin moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative—Ayes 4,
noes -39.
On motion of Mr. Anderson of Botetourt, the vote was recorded
as follows:
Ayes—Messrs. I. E. McDonald, Tomlin, Vaiden and Woolfolk—4.
Noes—Messrs Kemper (speaker), J. T. Anderson, Clarke, J. J. Coleman, Crockett,
Dunn, Eggleston, Flood, Forbes, Franklin, Gatewood, George,'Gillespie, Gordon, Harrison,
Huntt, Lockridge, Lynn, Mallory, Mathews, McCamant, McLaughlin, Minor, Montague,
Newton, Pitman, Richardson, Rives, Robertson, P. Saunders, R. C. Saunders, Shannon,
Steger, Thrash, Vermillion, West, Worsham, Wright and Wynne—39.
It appearing that uo quorum voted, Mr. Anderson of Botetourt
moved a call of the house ; and the question being on agreeing there¬
to, was put, and decided in the negative.
Mr. Woolfolk moved an adjournment; and the'question being
on agreeing thereto, was put, and decided in the negative—Ayes 5,
noes 61.
On motion of Mr. Mallory, the vote was Recorded as follows :
Ayes—Messrs. I. E. McDonald, McKinney, Tomlin, Vaiden and "Woolfolk—5.
Noes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Buford, Cecil, Clarke, J. J. Coleman, Crockett, Dice, Dunn, Edmunds, Eggleston, Ewing,
Fletcher, Flood, Forbes, Franklin, Gatewood, George, Gillespie, Gilmer, Gordon, Harrison,
Hunter, Huntt, .Johnson, Jones, Jordati, Kyle, Lockridge, Lynn, Mallory, Mathews, Mc¬
Camant, McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, New¬
ton, Orgain, Pitman, Prince, Richardson, Rives, Robertson, Robinson, P. Saunders, R.
('. Saunders, Shannon, Steger, Thrash, Tyler, Vermillion, West, Worsham, Wright and
Wynne—61.
Mr. Jones moved a call of the house; and the question being on
agreeing thereto, was put, and decided in the negative.
Mr. Bradford moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative.
It appearing that no quorum voted, Mr. Harrison moved a call
of the house ; and the question being on agreeing thereto, was put,
and decided in the negative.
26
202 JOURNAL OF THE
Mr. McLaughlin moved an adjournment; and the question being
on agreeing thereto, was put, and decided in the negative—Ayes 4,
noes 76.
On motion of Mr. Mallory, the vote was recorded as follows:
Aves—Messrs. George, I. E. McDonald, McKiime.y and Vaiden—4.
Noes—Messrs". Kemper (speaker), J. T. Andersoip, F. T. Anderson, Baker, Barbour,
Baskervill, Bradford, Bnford, Cazenove, Cecil, Clarke, J. J- Oolcnian, Crockett, R. ,T.
Davis, Dice, Dunn, Edmunds, Eggleston, Ewing, Fletcher, Flood, Forbes, Franklin, Gate-
wood, Gillespie, Gilmer, Gordon, Harrison, Hunter, Huntt, James, Johnson, Jones, Jordan,
Kaufman, Kyle, Lockridge, Lynn, Mallory, Mathews, McCamant, McLaughlin, Minor,
Montague, Murdaugli, R. E. Nelson, W..G. T. Nelson, Newton, Orgain, Payne, l'itman,
Prince, Reid, Richardson, Rives, Robertson, Robinson, Rowan, Rutherfoord, P. Saunders,
R. C. Saunders, Shannon, Sherrard, Staples, Steger, Tate, Thomas, Thrash, Tomliu, Tyler,
Vermillion, West, J. L. Wilson, Woolfolk, Worsham, Wright and Wynne—76.
A quorum appearing, on' motion of Mr. Wynne, the house resolved
itself into secret session.
The report of the special committee in relation to the defences of
the city of Richmond, being the unfinished business of the morning
session, was taken up.
Mr. Buford moved that the report be laid on the table.
Mr. Wynne moved the indefinite postponement of the resolution;
and the question being on agreeing thereto, Mr. Grattan demanded
the previous question ; which was sustained by the house; and being
put, was decided in the affirmative.
On motion of Mr. Barbour (amended on motion of Mr. Hunter),
Resolved, that a special committee be appointed to ascertaiu from
the confederate executive in what way the general assembly of Vir¬
ginia can most efficiently co-operate with' and aid the confederate
authorities, not only in strengthening the defences of the city of
Richmond, but in protecting generally the territory of the common¬
wealth ; and that they report with as little delay as practicable.
The Speaker announced the following committee under the reso¬
lution : Messrs. Barbour, Hunter, Newton, Edmunds, Wynne, Forbes
and Tomlin.
On motion of Mr. Tate, the house adjourned until to-morrow, 11
o'clock.
TUESDAY, February 25, 1862.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
A communication from the senate, by their -clerk, was read as
follows:
In Senate, Feb. 24, 1802.
The senate have passed house bill entitled :
An act to provide for the assumption and payment of the Confe¬
derate States war tax, No. 69.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 61. A senate bill entitled an act to amend the 2d section of
HOUSE OF DELEGATES.
203
chapter 175 of the Code, so as to provide for the temporary appoint¬
ment of commissioners in chancery, reported the same without amend¬
ment.
.Mr. Rutiierfooed, from the same committee, presented the follow¬
ing bill:
No. 119. A bill releasing a lien to the Richmond and Petersburg
rail road company.
Mr. Anderson, from the committee on military affairs, presented
the following bills:
No. 120. A bill to organize a regiment of pikemen for the confe¬
derate service.
No. 121. A bill in relation to the sale of ardent spirits in cities
and towns.
Mr. Robertson, from the committee on banks, presented the fol¬
lowing bills:
No. 122. A bill amending the charter of the Culpeper savings
bank.
No. 123. A bill to incorporate the Bank of Page.
Mr. Anderson of Botetourt, from the special committee in rela¬
tion to military defences, to whom had been referred
No. 78. A bill to organize companies for special service, reported
the same with amendments. •
Mr. Prince presented the petition of citizens of Southampton in
relation to military services of citizens of -said county; which was
ordered to be referred to the committee on military affairs.
On motion of Mr. Rowan,
Resolved, that the committee on finance be instructed to enquire
into the expediency of releasing from taxation the value of improve¬
ments made on the land of the Sweet springs company in the county
of Monroe, for the accommodation of visitors. "
No. 59. A bill changing the lines of Pulaski and Wythe counties,
was taken up, on motion of Mr. Cecil, read a second time, and
ordered to be engrossed and read a third time.
No. 102. An engrossed bill to amend an ordinance of the conven¬
tion entitled am ordinance for the organization of the provisional
army for the state of Virginia, was taken up, on motion of Mr. Bas-
keiivill, and read a third time; and the question being—Shall the
bill pass ? on motion of Mr. Hunter, it was laid on the table.
No. 55. A senate bill entitled an act to repair the road leading
from the Warm springs, by Huntersville, to Greenbrier river, at
Marlin's Bottom, was taken up, on motion of Mr. Lockridge, and
read a third time ; and the question being—Shall the bill pass? Mr.
Taylor demanded the previous question ; which was sustained by
the house ; and being put, was decided in the affirmative—Ayes 87,
noes 4.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Baskervill,
Blue, Bradford, Buford, Carter, Cazenove, Cecil, J. J. Coleman, Crockett, Custis, Dabney,
Daniel, J. D. Davis, R. J. Davis, Dice, Dunn, Edmunds, Eggleston, Ewing, Fleming,
Flood, Forbes, Franklin, Friend, Gatervood, George, Gillespie, Gilmer, Gordon, Green, Har¬
rison, Hunter, Huntt, Irby, .Tames, Johnson, Jones, Jordan, Kaufman, Kyle, Laidlev,
Lively, Lockridge, Lynn, Mallory, Mathews, McCamant, A. W. McDonald, I. E. Mc-
204
JOURNAL OF THE
Donald, Minor, Montague, Muvdaugh, E. E. Nelson, "W. (1. T. Nelson, Newton, Orguin,
Payne, Pitman, Prince, Keid, Richardson, Rives, Robertson, Robins,>11, Rowan, Rullicr-
foord, P. Saunders, Shannon, Spady, Staples, Steger, Tate, Taylor, Thrash, Toinlin, Tyler,
Vaiden, Vermillion, Ward, Williams, Woolfolk, Wootten and Wright—87.
Noes—Messrs. Bayse, Garrison, West and Worskam—4.
Ordered, that the clerk inform the senate thereof.
The report of the joint committee to correspond witli the lessees
of the salt works, was taken up. v
Mr. Anderson of Rockbridge moved to strike out the first resolu¬
tion of the committee ; which is as follows :
" Resolved by the general assembly, that the provisional contract
made by the joint committee of the senate and house of delegates
for the purchase, on behalf of the sta.te, of four hundred thousand
bushels of salt, to be furnished by Stuart, Buchanan & Co., be ap¬
proved, and the same is hereby ratified and confirmed," and insert in
lieu thereof the resolution, reported from the minority of the com¬
mittee ; which is as follows :
" Resolved by the senate and house of delegates of Virginia,
that it is expedient for the commonwealth to purchase the salt works,
known as the " Preston estate," and to acquire the unexpired lease
of the same and of the King estate, upon the terms indicated in the
foregoing report; and that the committee be instructed to report a
bill for that purpose." , ■
And the question being on agreeing thereto, Mr. Harrison de¬
manded the previous question ; which was sustained by the house;
and being put, was decided in the negative—Ayes 27, noes Gl.
On motion of Mr. Forbes, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Brooks, Cecil, Clarke, Dunn,
Franklin, Gatewocid, George, Gillespie, Harrison, James, Kyle, MeCaniant, I. E. Mc¬
Donald, Orgain, Pitman, Richardson, Robinson, Eutherfbord, P. Saunders, Shannon, Thrash,
Vaiden, Vermillion and Woolfolk—27.
Noes—Messrs. Kemper (speaker), Baker, Bayse, Blue, Booten, Bradford, Buford, Carter,
Cazenove, J. J. Coleman, Crockett, Custis, Dabney, Daniel, J. D. Davis, R. J. Davis,
Dice, Edmunds, Eggleston, Ewing, Fleming, Flood, Forbes, Garrison, Gordon, Grattan,
Green, Hunter, Huntt, Irby, Johnson, Jordan, Lively, Luudy, Lynn, Mallory, Mathews,
A. W. McDonald, McLaughlin, Minor, Montague, Mnrdaugh, W. G. T. Nelson, Newton,
Payne, Prince, Reid, Rowan, Spady, Staples, Steger, Tate, Taylor, Tomlin, Tyler, Ward,
West, Williams, Wootten, Worsham and Wright—01.
The question being on agreeing to the first resolution of the com¬
mittee, Mr. Taylor demanded the previous question ; which was
sustained by the house; and being put, was decided in the affirmative.
The second resolution of the committee, which is as follows—
" Resolved, that the committee be instructed to report a bill to carry
into effect the provisions of said contract, and a proper distribution
of said salt," was agreed to.
Ordered, that Mr. Anderson of Rockbridge carry the same to the
senate, and request their concurrence.
No. 82. An engrossed bill imposing taxes for the support of go¬
vernment, was taken up, on motion of Mr. Barbour. 4
Mr. Dabney submitted the following ryder to the bill; which was
read a first and second times :
"Provided, that in ascertaining the value of slaves, there shall be
subtracted from the market value such proportion of such value as,
HOUSE OF DELEGATES.
205
by a comparison of the hires in this and other states of this Confede¬
racy, shall be found to arise from the great demand for this species,
of property in the more southern states."
And the question being—Shall the ryder be engrossed and read a
third time ? was put, and decided in the negative.
The bill was then read a. third time and passed—Ayes 99.»
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour,
Baskervill, Bass, Bayse, Blue, Bootcn, Brad lord, Brooks, Buford, Carter, Cazenove, Cecil,
Clarke, J. J. Coleman, Crockett, Custis, Dabnev, Daniel,"J. 1). Davis, E. J. Davis, Dice,
Dunn, Edmunds, Ewing, Fleming, Flood, Forbes, Franklin, Friend, Garrison, Gatewood,
George, Gillespie, Gilmer, Gordon, Grattau, Green, Harrison, Hopkins, Hunter, Huntt,
Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidloy, Lively, Lundy, Mallory,
Mathews, McCamant, A. W- McDonald, McKinney, McLaughlin, Minor, Montague, Mur-
daugh, E. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, Prince, Eeid,
Richardson, Eives, Eohertson, Eohinson, Eowan, Eutherfoord, P. Saunders, R. C. Saun¬
ders, Shannon, Spady, Staples, Steger, Tate, Taylor, Thrash, Tomlin, Tyler, Vaiden, Ver¬
million, Ward, West, Williams, Woodson, Woolfolk, Wootten, Worsham and Wright—99.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The Speaker laid before the house a communication from the go¬
vernor, enclosing certain resolutions adopted by a rail road conven¬
tion representing the companies of the district embracing the state
of Virginia, the state of Tennessee east of Knoxville, and the state
of North Carolina' north of Weldon, in relation to the organization
of a military force to protect said rail roads; which were read, and
referred to the committee on military affairs.
A resolution heretofore submitted by Mr. Robertson, for the pro¬
longation of the session, was taken up, and on his motion, made the
order of the day for to-morrow at 12 o'clock.
No. 109. A bill to authorize the governor to organize and call out
certain military forces for the defence of the state, was taken up, on
motion of Mr. Saunders of Campbell; and the question being on
agreeing to the motion heretofore submitted by Mr. Woolfolk, to
suspend the rule with a view to reconsider the vote by which the
house had agreed to strike out from the bill the words in the first
section-and fifth line, "in the several counties of the common¬
wealth and" (the effect of which was to confine the draft of those
between the ages of 16 and 18 and 45 and 55, to the cities and
towns), was put, and decided in the negative—ayes 38, noes 54.
On motion of Mr. Prince, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Bass, Brooks, Buford, Cazenove, Cecil,
Crockett, Daliney, J. D. Davis, R. J. Davis, Dice, Eggleston, Flood, Gatewood, George,
Gillespie, Gilmer, Gordon, James, Jordan, Kyle, Laidley, Lockridge, McCamant, McKin¬
ney, McLaughlin, Murdaugli, Payne, Pitman, Richardson, Robertson, Robinson, Rowan,
P. Saunders, Steger, Wootten and Worsham—98.
Noes—Messrs. Baker, Baskervill, Bayse, Blue, Booten, Bradford, Carter, Clarke, J. J.
Coleman, Daniel, Dunn, Fleming, Franklin, Friend, Garrison, Grattan, Green, Harrison,
Hopkins, Huntt, Irby, Johnson, Jones, Kaufman, Lively, Lundy, Lynn, Mallory, Mathews,
A. W. McDonald, 1. E. McDonald, Minor, Montague, R. E. Nelson, W. G. T. Nelson,
Orgain, Prince, Reid, Rives, Sutherfoord, R. (J. Saunders, Shannon, Spady, Staples, Tate,
Taylor, Thrash, Vaiden, Vermillion, Ward, West, Williams, Woodson and Wright—54.
Mr. Robertson submitted an amendment to the bill, to authorize
the governor to have enrolled all the white male inhabitants between
the ages of 16 and IS and 45 and 55, in such counties contiguous to
said cities and towns as in his opinion the public exigencies may re-
206 JOURNAL OF TIIE
quire to be enrolled; and the question being on agreeing thereto—
pending the consideration thereof,
The hour of recess having arrived, the chair was vacated until 7.1
o'clock P. M.
EVENING SESSION.
A message from the senate, by their clerk, was read as follows:
In Senate, Feb. 2-5, 1SIJ2.
The senate have passed a bill entitled :
An act to authorize the governor to organize and call out certain
military forces for the defence of the state, No. 84.
In which they respectfully request the concurrence of the house
of delegates.
No. 84. A senate bill entitled an act to authorize the governor to
organize and call out certain military forces for the defence of the
state, was read a first and second times; and the question being—
Shall the bill be committed? on motion of Mr. Barbour, the bill
was laid on the table,.
On motion of Mr. Barbour, the house resolved itself into secret
session.
Mr. Barbour, from the special committee to confer with the pre¬
sident of the Confederate States, presented a report; which was laid
on the table.
On motion of Mr. Crockett,
Resolved, that the said committee have leave to sit during the
sessions of the house.
Mr. Barbour announced that the committee would retire at once;
which, by leave of the house, they did accordingly.
On motion of Mr. Barbour,
Resolved, that the committee have leave to report by bill or
otherwise.
No. 121. A bill in relation to the sale of ardent spirits in cities
and towns, was taken up, read a first time, and on motion, committed
to the special committee to confer with the president of the Confede¬
rate States.
No. 101. An engrossed bill to prevent the unnecessary consump¬
tion of grain by distillers and other manufacturers of spirituous and
malt liquors, was taken up and read a third time ; and the question
being—Shall the bill'pass? Mr. Harrison demanded the previous
question; which was sustained by the house; and being put, was
decided in the affirmative—Ayes 61, noes 21.
On motion of Mr. Cazenove, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Baker, Busker; ill,
Bass, Bayse, Booten, Bouldin, Cecil, Clarke, J. J. Coleman, Crockett, Daniel, R.J. I>a\is,
Dice, Eggleston, Ewing, Fleming', Flood, Franklin, Friend, Garrison, Gntewood, George,
Gillespie, Green, Harrison, Huntt, Irhy, James, Johnson, Jordan, Kaufman, Kyle, Li\< I),
Loekridge, Lundy, Lynn,Mallory, Mathews, MeCamant, A. W. McDonald, I. E. McDonald,
Montague, Payne, Titman, Reid, Rives, Rowan, R. C. Saunders, Shannon, Slieffey, Staple.,
Stegcr, Tredway, Vermillion, Ward, Woolfolk, Wootten and Worshaui—(51.
HOUSE OF DELEGATES.
207
Noes—Messrs. Bradford, Brooks, Cazenove, Cnstis, J. D. Davis, Fletcher, Gilmer, Gor¬
don, Orattan, Jones, Minor, R. E. Nelson, W. G. T. Nelson, Orgain, Prince, Robinson,
Rutherfoord, P. Saunders, Tate, Thrash, West, Williams and Wright—21.
On motion of Mr. Cazenove,
Resolved, that leave be given to bring in a bill authorizing the
manufacture of alcohol.
The Speaker announced the following committee: Messrs. Caze¬
nove, Steger, McCamant, Gilmer and Riv.es.
No. 84. A senate bill entitled an act to authorize the governor to
organize and call out certain military forces for the defence of the
state, was taken up.
Mr. Jones moved to commit the bill to the joint committee fn re¬
lation to military defences; and the question being 011 agreeing there¬
to, was put, and decided in the negative.
Mr. Harrison moved to amend the bill in the 4th line of the 1st
section, by striking out the words " in the several counties of the
commonwealth and" (so as to confine the enrollment of those between
the ages of 16 and 18 and 4-5 and 55, to the cities); and the question
being on agreeing thereto, Mr. Harrison demanded the previous
question; which was sustained by the house; and being put, was
decided in the affirmative.
Mr. Harrison moved further to amend the bill, by inserting the
following as an independent section, to come in after the 1st section :
" The county courts of the several counties of the commonwealth
are hereby authorized to have enrolled all the white male inhabitants
of the same between the ages of 16 and IS years, and between the
ages of 45 and 55 years, 'including in such enrollment all white male
persons between the ages aforesaid, who may be sojourning in said
counties, and who may, by reason of the existing war, be refugees
from their residences in this state, and are not elsewhere enrolled
under the provisions of the said act of 8th February 1862. And the
said county courts of the several counties may organize the said in¬
habitants, so enrolled, into companies, and the companies into regi¬
ments, as in their discretion they may deem proper, and Inay order,
the same or any portion of them to be called into service at such
times and from time to time as they may deem proper, for the de¬
fence of their respective counties."
And the question being on agreeing thereto, Mr. Cazenove de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the negative.
The question being—Shall the bill be read a third time—pending
the consideration thereof,
On motion of Mr. Saunders of Campbell, the house adjourned
until to morrow, 11 o'clock.
208
JOURNAL OF TIIE
WEDNESDAY, February 26, 1S62.
Prayer by Rev. Dr. Iloge of t|ie Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate Feb. 25, lSf>2.
The senate have agreed to the resolution from the house of dele¬
gates in relation to the committees on the armory and penitentiary.
And they have agreed to a joint resolution to ascertain the amounts
with which the several corporations of the state would be assessed
under the act of congress to provide a war tax, drc.
In which they respectfully request the concurrence of the house of
delegates.
The joint resolution to ascertain the amounts with which the
several corporations of the state would be assessed under the act of
congress to provide a war tax, was agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Bass, from the committee of claims, presented' the following
bill:*
No. 124. A bill compensating R. H. Phillips for private property
taken possession of for the use of the state.
Mr. Sheffey, from the committee of roads and internal navigation,
presented the following bill:
No. 125. A bill directing the board of public works to complete
the Morgan and Frederick turnpike.
Mr. Barbour, from the committee on finapce, presented the fol¬
lowing bill: '
No. 126. A bill concerning the sinking fund.
Mr. Newton, from, the same committee, presented the following
bills:
No. 127. A bill for the relief of Wilson Hix, sheriff of Appomattox
county.
No. 128". A bill for the relief of James Reid.
No. 129. A bill for the relief of Archibald M. Drew.
No. 130. A bill to pay to. John Kelle3r, surviving partner of Kelley
& Largney, the amount of a judgment of the circuit court of the
city of Richmond against the board of public works.
Mr. Newton, from the same committee, presented the following
report:
An adverse report as to the expediency of refunding to Joel E.
Bray of King William county a certain license tax heretofore paid
by him.
Mr. George, from the joint committee on executive expenditures,
presented a report; which, an his motion, was laid on the table and
ordered to be printed. Doc. No. 61.
On motion of Mr. Bass,
Resolved, that the committee of propositions and grievances he
instructed to enquire into the expediency of incorporating the Roanoke
insurance company.
HOUSE OF DELEGATES.
209
On motion of Mr. Lively,
Resolved, that the special committee to confer with, the president of
the Confederate States, he instructed to enquire what (if any) legisla¬
tion is necessary more effectually to dispose of persons arrested under
suspicion of. disloyalty to this commonwealth.
On motion of Mr. Jajues,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill compensating Dr. William Gibbon
Carter of Botetourt county for professional services rendered to the
militia called out under the proclamation of the governor in May last.
On motion of Mr. McDonald of Hampshire,
Resolved, that the committee for courts of justice enquire into the
expediency of requiring by law all ministers of the gospel, at the
time of being licensed to celebrate the rites of matrimony by any
court, to take an oath to support the constitution of the state and
Confederate States.
On motion of Mr. Tomlin,"
Resolved, that the committee of privileges and elections be in¬
structed to enquire into the expediency of reporting a bill providing
for the attendance of memb.ers- on the duties and sessions of the
general assembly, and when necessary, to grant leaves of absence,
and to report rules to preserve the privacy of the recent proceedings
of this body.
No. 61. A senate bill entitled an act to amend the 2d section of
chapter 17-5 of the Code, so as to provide for the temporary appoint¬
ment of commissioners in chancery, was taken up, on motion of Mr.
Grattan, read a third time, and passed.
Ordered, that the clerk inform the senate thereof.
No. 105. An engrossed bill to afnend and re-enact section 1st,
chapter 27th, Acts of 1861, was taken up, on motion of Mr. Robert¬
son, read a third time and passed'.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
On motion of Mr. Barbour,
Resolved, that the special committee to confer with the president
of the Confederate States be enlarged, by the addition of one member.
The chair appointed Mr. Stegcr under the resolution.
No. 91. A bill to convert the branch of the Northwestern Bank
of Virginia at Jeffersonville into a separate and independent bank,
was taken up, on motion of Mr. George, read a second time, and
ordered to be engrossed and read a third time, and passed.
No. 109. A senate bill entitled an act to authorize the governor to
organize and call out certain military forces for the defence of the
state, was taken up.
Mr. Robertson moved to amend the bill, by inserting in the 1st
section the following words: " and in such counties contiguous to
the said cities and towns, as in his discretion the public exigencies
may require" (the effect of which would be to subject to enroll¬
ment the white male inhabitants between the ages of 16 and 18 and
45 and 55 in the counties contiguous to the cities and towns); and
27
210
JOURNAL OF THE
the question being on agreeing thereto, Mr. "Woodson demanded the
previous question; which was sustained by the house; and being
put, was decided in the negative—Ayes 21, noes 7-5.
On motion of Mr. Robertson, the vote was recorded as follows:
Avf.s—Messrs. J. T. Anderson, linker, Buss, Buford, Cazenove, Cecil, R. J. Da\is,
Forbes, Gilmer, James, Jordan, Kyle, I. E. McDonald, ftlurdatigh, Payne, Fitmau, Robert¬
son, Robinson, Rowan, I'. Saunders, Sbeffey, Stager, Tyler and Woolfolk—-1.
Noes—Messrs. F. T. Anderson, liarbonr, Baskcrvill, Baysc, Blue, Iiooten, Bradford,
Brooks, Carter, Clarke, ,T. J. Cob man, Crockett, Custis, Daniel, J. D. Davis, Dice, lMian,
Edmunds, Eggleston, Ewing, Fleming, Flood, Franklin, Friend, Gatewood, George, Gilles¬
pie, Grattan, Green, Harrison, Hopkins, Huntt, Irby, Jolmson, Jones, Kanl'man, Eiiidlpv,
Lively, Lockridge, Lmidv, Lynn, Mallory, Mathews, MeCaniant, A. W. McDonald, Air-
Laughliu, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Urgain, Prince,
Reid, Richardson, Rives, Ruthert'oord, R. C. Saunders, Shannon, Spndv, Staples, Talc,
Taylor, Thrash, Tondin, Tredwnv. Yaiden, Vermillion, Ward, "West, Williams, Woodlioasc,
Woodson, Wootten and Wrght—,
Tlte hour of 12 o'clock having arrived, the house proceeded to the
consideration of the order of the day; which was a resolution for an
extension of the session of the general assembly.
Air. Robertson, by leave of the house, modified the resolution, so
that it would read as follows:
" Resolved, that the present session of the general assembly shall
be extended to the 31st day of March next, unless the public busi¬
ness be earlier dispatched."
On 'motion of Mr. Hunter, the house resolved itself into secret
session.
And the question being on agreeing thereto, the roll was called,
with the following result—Ayes 99, noes 5.
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Barbour, Baskervill, Bass, Baysc,
Blue, Booten, Bradford, Brooks, Iiuford, Carter, Cazenove, Cecil, Clarke, J. J. Coleman,
Crockett, Custis, Dabney, Daniel, J. D. Davis, R. J. Davis, Dice, Dunn, Edmunds, Eggln-
ston, Ewing, Fleming, Fletcher, Flood, Forbes, Franklin, Friend, Garrison, Gafcvvoml,
George, Gillespie, Gilmer, Gordon, Grattan, Green, Harrison, Hunter, Huntt, Irby, James,
Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Loekridge, Lundy, Lynn, Ala-
thews, MeCainant, A. W. McDonald, I. E. AlcDonald, Minor, Montague, Murdaugh, R. E.
Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, l'rincc, Reid, Richardson, Kirns,
Robertson, Robinson, Rutherfoord, P. {Saunders, li. C. Saunders, Shannon, Shetley, Spndy,
Staples, Steger, Tate, Taylor, Thrash, Tomlin, Tredway, Tyler, Vermillion, Ward, West,
Williams, Woodliouse, Woolfolk, Wootten, Worskam and Wright—'J'J.
Noes—Messrs. Hopkins, Mallory, Rowan, Vaiden and Woodson—5.
It appearing that three-fifths of the whole number of delegates
elected to the house had voted in the affirmative, the Speaker an¬
nounced that the resolution was agreed to.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
Subsequently, a message was received from the senate by Mr.
Araistrong, who informed the house of delegates that the senate
had agreed to the joint resolution for the extension of the session
until the 31st of March next.
The house resumed the consideration of
No. 84. A senate bill entitled an act to authorize the governor to
organize and call out certain military forces for the defence of the
state.
Mr. Green moved to amend the bill, by striking out in the 3d
section, 8th line, after the word " laws," to the end of the section,
and inserting the following:
HOUSE OF DELEGATES.
211
" Elections shall he held for company and field officers, and all
other officers shall be appointed as now prescribed by law,, on March
1 -3th, L862, or as soon thereafter as may be; and such new officers
shall be at once commissioned by the governor; and thereupon the
commissions of the existing officers of the militia respectively shall
he vacated. But if any company shall fail to elect its officers for
thirty days after its organization, the next succeeding court of the
county in which such company is, shall appoint the officers for said
company, who shall be commissioned by the governor."
And the cpiestion being on agreeing thereto, was put, and decided
in the affirmative.
Mr. Jones moved to amend the bill, by inserting as an independent
section, to come in after the 3d section, the following:
" And be it further enacted, that the fifteenth section of chapter
twenty-third of the edition of the Code of Virginia (18G0), be amended
and re-enacted as follows:
There shall be a major general for each division ; a brigadier general
for each brigade ; a colonel, lieutenant colonel and one major for each
regiment*; and a captain, first lieutenant and second lieutenant, four
sergeants and four corporals for each company."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Mr. McDonald of Hampshire moved to amend the bill, by striking
out in the 7th section the following words :
" And in respect to persons in both said classes, the board of ex¬
emptions in each of said counties, cities and towns shall have power
to grant partial or entire exemptions in cases of special and peculiar
hardship, or when the public interest requires such exemption, sub¬
ject to revocation by the governor."
And the question being on agreeing thereto, Mr. Nelson demanded
the previous question ; which was sustained by the house ; and being
put, was decided in the negative.
Mr. Green moved to amend the bill in the 7th section, by striking
out the words "in both said classes," and inserting "in the second
class as aforesaid" (the effect of which was to confine the powers of
the board of exemptions to persons in the second class, to wit, be¬
tween the ages of 16 and 18 and 45 and 55, in cases of peculiar hard¬
ship) ; and the question being on agreeing thereto, was put, and de¬
cided in the negative—Ayes 20, noes 61.
On motion of Mr. Green, the vote was recorded as follows:
Aves—Messrs. Baker, Brooks, Buford, Carter, Drum, Green, Hairison, .Tolmson, Lynn,
A. W. McDonald, Minor, Prince, Robinson, P. Saunders, R. C. Saunders, Shannon, Thrash,
Vaidcn, West aud Wright—CO.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bass, Bayse, Booten, Caze-
iionc, Cecil, .T. J. Coleman, Crockett, Daniel, Ji D. Davis, R. J. Davis, Dice, Eggleston,
Flcniimr, Kl< tchcr, Flood, Franklin, Friend, Gatewood, (ieorge, Gillespie, Graitan, Hopkins,
iluntt, Irby, James, Jones, Jordan, Kaufman. Kyle, Lively, Loekridge, Lundv, Mallory,
Mathews, MeCamant, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Orgaiu, Payne,
Pitman, Real, Rives, Robertson, Rowan, Rutlierfoord, Siietley, Staples, Tate, Taylor, Tom-
Jin, Tyler, Ward, Woodhouse, Wooltbllc, Woottenand Worsliam—01.
Air. Saunders of Campbell moved to amend tlie bill, by inserting
in the 3d section the following after the words " existing laws:"
"And in'case of such rearrangement or consolidation, the oldest
212
JOURNAL OF THE
officer in commission shall command the regiment, battalion or com¬
pany so rearranged and consolidated, as the case may lie."
And the question being on agreeing thereto, was put, and decidul
in the negative.
Mr. Davis of Campbell moved to amend the bill, by inserting in
the Gth line of the 1st section the following: "and within one mile
of the city of Richmond on the north side, of James river, and within
half a mile of the other cities and towns aforesaid and the question
being on agreeing thereto, was put, and decided in the affirmative.
The bill as amended was then read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 55. An engrossed bill concerning bank directors, was taken
up, on motion of Mr. Ward, read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Cazenove, from a special committee, presented the following
bill:
No. 131. A bill legalizing the manufacture of alcohol; which, on
his motion, was read a first time, and ordered to be read a secoild time.
No. 107. A hill to authorize certain corporations to issue notes of
and under one dollar, was taken up, read a second time, and on mo¬
tion of Mr. Robertson, recommitted to the committee on hanks.
On motion of Mr. Grattan, the house adjourned until to-morrow,
11 o'clock.
THURSDAY, February 27, 1852.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 20, 1802.
The senate have passed bills entitled :
An act to authorize the issue of registered certificates of state
stock to Dr. Peter F. Brown, in lieu of two lost bonds, No. 04.
An act to authorize field artillery to be made and small arms pur¬
chased for the state, No. 87.
In which they respectfully request the concurrence of the house
of delegates.
No. 04. A senate hill entitled an act to authorize the issue of re¬
gistered certificates of state stock to Dr. Peter F. Brown, in lieu of
two lost bonds, was read a first and second times, and referred to the
committee on finance.
No. 87. A senate bill entitled an act to authorize field artillery to
be mode and small arms purchased for the state, was read a first and
second times, and referred to the committee on military affairs.
Mr. Anderson of Rockbiidge, fioin the committee of roadi and
internal navigation, presented the following hill:
HOUSE OE DELEGATES.
213
No. 132. A bill to suspend the work on the Kanawha river, and
to authorize the application of a part of the loan made for that im¬
provement, to keep open the navigation of the James river canal,
and to improve the sluices upon a part of the river; which was
subsequently read a first time, and ordered to be read a second time.
Mr. Robertson, from the committee on banks, presented the
following bill:
No. 133. A bill to release certain corporations and persons from
forfeitures and penalties incurred by issuing notes us a currency con¬
trary to law ; which was read a first time, and ordered to be read ,a
second time.
No. 9. A bill to suspend sales and legal proceedings in certain
cases, and to repeal an ordinance "entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1861, by the convention
of Virginia, was taken up, on motion of Mia Harrison, and post¬
poned to and made the order of the day for Monday next at 12
o'clock.
No. 102. An engrossed bill to amend an ordinance of the conven¬
tion entitled an ordinance for the organization of the provisional
army for the state of Virginia, was taken up.
On motion of Mr. Baskervill, the rule was suspended, with a
view to reconsider the vote ordering the bill to its engrossment.
Mr. Baskervill submitted a substitute for .the bill; which was
agreed to.
The bill was then 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. Baskervill carry the same to the senate, and
request their concurrence.
On motion of Mr. Richardson,
Resolved, that the committee of claims be instructed to enquire
into the expediency of refunding to William T. Meador of Mercer
county an equitable portion of a merchant's license tax paid by him
in the year 1861, because of the fact that the presence of the enemy
deprived said Meador of the enjoyment of his said license.
On motion of Mr. Reid,
Resolved, that when this house adjourns to-day, it will adjourn to
meet on Saturday next at LI o'clock A. M.
A message was received from the senate by Mr. Alderson, who
informed the house of delegates that the senate had passed house
bill entitled an act to authorize the organization of ten companies of
rangers, with amendments : in which they respectfully requested the
concurrence of the house of delegates.
The amendments were taken up and concurred in.
Ordered, that the clerk inform the senate thereof.
No. 87. A senate bill entitled an act to authorize field artillery to
be made and small arms purchased for the state, was taken up, on
motion of Mr. Anderson of Botetourt; and the rule was suspended,
with a view to reconsider the vote committing the bill to the com¬
mittee on military affairs.
214
JOURNAL OP THE
The bill was then amended, and as amended, read a third time and
passed—Ayes 80.
Ayes—Messrs. ,T. T. Anderson, F. T. Andei.ou, Barbour, Bass, Bnyso, Blue, Boohu,
Bradford, Brooks, Buford, Carter, Oazeno\e, (.Veil, OlaiW, J. J. Coleman, Crocl eti, Daniel,
,T. D. Davis, R. J. Davis, Dice, Dunn, Edmunds, Eggleston, E\ans, Ewhi(-, ilei
Fletcher, Forbes, Franklin, Friend, Uatewood, George, Gillespie, Gilmer, Gordon, Burn,
Harrison, Hunter, Irby, Johnson, Jones, Jordan, Kaufman, Kyle, LahUey, Livelj, lack-
ridge, Lynn, Mallory, Mathews, McCamant, A W. McDonald, 1. E. McDonald, Mel nngli-
lin, Minor, Montague, Murdaugh, Newton, Orgain, Payne, Pitman, Reid, Rives, Robertson
Robinson, Rowan, Rutliorfoord, P. Saunders, Shannon, Shetfoy, Staples, Steger, Tate, Hio-
mas, Thrash, Tomlin, Tredway, Tyler, Yaiden, Walker, Ward, West, Williams, Woodson,
Woolfolk, Wootten, Worsham, Wright and Wynne—S9.
Ordered, that Mr. Cazenove carry the same to the senate, and
request their concurrence.
On motion of Mr, George,
Resolved, that the committee on finance enquire into the expe¬
diency of relieving the securities of John C. Harrison, late sheriff of
Tazewell county, from the payment of damages recovered againat
them, and also of so much of the interest contained in the judgment
as exceeds six per centum per annum.
On motion of Mr. Woolfolk,
Resolved, that the committee on free negroes be instructed to en¬
quire into the expediency of reporting a bill amending the act en¬
titled an act to prevent free negroes and slaves from owning dogs in
the counties of Essex, King & Queen, James City and New Kent,
passed March 29, 1858, so as to make the provisions of the said act
apply to all the counties/cities and towns of this commonwealth.
Mr." Woolfolk, subsequently from the committee, reported the
following bill: •
No. 134. A bill to amend an act entitled an act to prevent free
negroes and slaves from owning dogs in the counties of Essex, King
& Queen, James City and New Kent, passed March 29, 1S5S; which,
on his motion, was read a first time, arid ordered to be read a second
time."
No. 59. An engrossed bill changing the lines of Pulaski and Wythe
counties, was taken up, on motion of Mr. Cecil, read a third time
and passed.
On motion of Mr. Robertson,
Resolved, that the resolution of the house requiring the chair to
be vacated at 3 o'clock and resumed at 7£ o'clock P. Si., be and the
same is hereby rescinded.
On motion of Mr. Crockett, the rule was suspended, with a view
to reconsider the vote by which the house agreed to a resolution that
when the house adjourns this day, it will adjourn to meet on Satur¬
day next at 11 o'clock.
The question being on agreeing to the resolution, Mr. Tomlin
moved to amend the same, by striking out "on Saturday at 11
o'clock," and inserting " on to-morrow at 1| o'clockand the ques¬
tion being on agreeing thereto, was put, and decided in the affirma¬
tive—Ayes 57, noes 29.
On motion of Mr. Tredway, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, Barbour, Baskervill, Bayse, Blue, Booten, Bradford,
HOUSE OF DELEGATES.
215
B'links Carter, Cazenove, Clarke, J. J. Coleman, Crockett, Custis, E. J. Davis, Edmunds,
Emiiis, Evving, Flood, Forbes, Franklin, Friend, George, Gillespie, Gordon, Grattan, Har-
i'son, Hunter, Johnson, Jones, Jordan, Kaufman, Kyle, Lynn, Mallory, McCamant, Mc¬
Laughlin, Minor, Orgain, Payne, Pitman, Prince, Kives, Eutlierfoord, Shannon, Staples,
Tali, Thrash, Tomlin, Walker, Williams, Woodson, Woolfolk, Wootten, Worsham, Wright
and Wynne—57.
Noes—Messrs. F. T. Anderson, Bass, Cecil, Daniel, J. D. Davis, Dice, Fleming, Fletcher,
Gatewood, Gilmer, Green, Huntt, Irby, Lively, Mathews, A. W. McDonald, I. E.'Mc¬
Donald, Montague, Murdaugli, Newton, Eeid, P. Saunders, E. C. Saunders, Shetfey, Steger,
Thomas, Tredway, Tyler, Vermillion and Ward—29.
The question being on agreeing to the resolution as amended, was
put—and it appearing that no quorum voted, Mr. Fleming moved
an adjournment; '"and- the question being on agreeing thereto, was
put, and decided in the negative—Ayes 11, noes 63.
On motion of Mr. Ander|pn of Botetourt, the vote was recorded
as follows:
Ayes—Messrs. Bass, Brooks, Clarke, J. J. Coleman, CrQckett, Fleming, Green, Huntt,
A. W. McDonald, Eeid and Vermillion—11.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bayse, Bine, Booten, Brad¬
ford, Buford, Cazenove, Cecil, Custis, Daniel, J. D. Davis, E. J. Davis, Dice, Evans, Ewing,
Flood, Franklin, Friend, Gatewood, George, Gilmer, Gordon, Grattan, Harrison, Irby,
Johnson, Jones, Jordan, Kaufman,' Lively, Lynn, Mathews, McCamant, I. E. McDonald,
McLaughlin, Minor, Montague, Orgain, Payne, Pitman, Prince, Eives, Eutherfoord, P.
Saunders, E. C. Saunders, Shannon, Sheffey, Staples, Tate, Thomas, Thrash, Tredway,
Walker, Ward, Williams, Woodson, Woolfolk, Wootten, Worsham and Wright—63.
Mr. Anderson of Botetourt moved a call of the house; and the
question being put, was decided in the negative.
A quorum appearing, the question recurring on agreeing to the
resolution as amended, was put, and decided in the affirmative.
On motion of Mr. Mallory, the house adjourned until to-morrow,
1J o'clock.
Note.—Messrs. Barbour, Hunter, Newton, Wynne, Forbes, Tomlin and Steger, being
members of a committee having leave bo sit during the sessions of the house, were occa
sionally absent upon the committee during this day and the days preceding, and may be so
occasionally absent for some days to come.
FRIDAY, February 28, 1862.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Feb. 27, 1862.
The senate have agreed to the first and fourth amendments, and
also, with amendments, to the second and third amendments of the
house of delegates to seriate bill entitled:
An act to authorize field artillery to be made and small arms pur¬
chased for the state, No. 87.
In which amendments to amendments they respectfully request
the concurrence of the house of delegates.
Mr. Tredway moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative.
It appearing that no quorum voted, Mr. Walker moved a call of
216 JOURNAL OF THE
the house; and the question being on agreeing thereto, was put, und
decided in the negative.
Mr. Jones-moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative—Ayi s 13,
noes -5-5.
On motion of Mr. Woodson, the vote was recorded as follows:
Ayes—Messrs. B.ikr, Cecil, J. J. Coleman, R. J. Davis, Dice, Richardson, Rowan, Shtf-
fey, Tate, TrcJway, Vermillion, Walker and Ward—I'd.
Noes—Messrs. J. T. A,nder on, lisrlionr, Buysiy Blue, Booten, Bradford, Bnford, Clink',
Crockett, C'nstis, ,T. 1). Davis, Dunn, Edmunds, Epyleston,Evans, Euing, Flood, FrnuMin,
date wood, (leor^e, (lillesjiie, Gordon, Hunter, Huntt, Irby, Janies, Johnson, Jones, Jonlim,
Kaufman, Kyle, Lockridpje, Lundy, Mathews, McCamaut, I. E. McDonald, Minor, R. E.
Nelson, Newton, Ordain, Pitman, Reid, Rives, Roberlson, Rutherfoord, P. Knuudors, Shan¬
non, Staples, Thrash, Tomliii, Williams, Woodson, Worsham, Wright and Wynne—fio.
It appearing that no quorum voted,*Mr. Huntt moved a call of
the house ; and the question being on agreeing thereto, was put, and
decided in the negative.
On motion of Mr. Ward, the house adjourned until to-morrow,
11 o'clock.
SATURDAY, March 1, 1862.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
Mr. Barbour, from the special committee to confer with the presi¬
dent of the Confederate States, presented a report; which was laid
on the table.
Mr. Barbour, from the same committee, presented the following
bill:
No. 135. A bill to impose penalties on certain misdemeanors.
Mr. Tomlin, from the committee of privileges and elections, pre¬
sented the following bill:
No. 136. A bill to provide for securing the attendance of members
of the general assembly on the sessions of the respective houses.
On motion of Mr. Barbour,
Resolved, that the committee on military affairs enquire into the
expediency of placing the " minute men," a company from the
county of Culpeper, whose term of service has recently expired, on
the footing of a volunteer company now in the confederate servic',
so as to be filled by draft, if they shall elect to re-enter the service.
On motion of Mr. Anderson of Botetourt,
Resolved, that the committee on military affairs he instructed to
enquire into the subject of providing for the encouragement of the
manufacture of iron.
On motion of Mr. Saunders of Franklin,
Resolved, that the committee on military affairs enquire what
legislation, if any, is necessary to enforce attendance upou the regular
and special drills of the militia.
On motion of Mr. Saunders of Franklin,
Resolved, that the committee on military affairs be instructed to
HOUSE OF DELEGATES.
217
enquire what legislation, if any, is necessary to provide more effectu¬
ally for the arrest and return of deserters from the army.
Mr. Montague, from the committee on the penitentiary, presented
the following report; which was read and concurred in :
The committee on the penitentiaryunder orders of the house of
delegates, have proceeded to investigate certain charges preferred
against James Pendleton, the superintendent, by Certain correspon¬
dents of the newspaper known as " The Examiner."
Before proceeding with the investigation, the committee called,
upon one of the editors of the aforesaid paper for the name of the
accuser in the ease.- The name given was "Frank Gordon." This
man was summoned before the committee, and made oath that he
was not the author of said charges, and never authorized his name
to he signed to any communication relating thereto. The aforesaid
editor being under examination as a witness, stated to the committee »
that he was unable to furnish the name of any other person who had
written, delivered or transmitted any of the other articles which
were published in his newspaper. Nevertheless, the house having
so directed, and the superintendent inviting the fullest scrutiny, the
committee proceeded to hear and have recorded the evidence of the
witnesses brought before it. The committee, referring to the testi¬
mony which accompanies this report, deems it sufficient to state,
that each and every charge, in its opinion, is conclusively refuted, so
far'as the same implicates the fidelity or integrity of the superinten¬
dent : and therefore the committee ask to be discharged from the
further consideration of the subject.
On motion of Mr. Wynne,
Resolved by the general assembly of Virginia, that the governor
do tender to the congress of the confederate government, for its use
as committee rooms, all the rooms in the building called the state
courthouse, which are not now used by the supreme court of appeals
and its clerk and the adjutant general, and to ask the corporate
authorities of the city of Richmond to'provide suitable accommoda¬
tions for the circuit court of the city of Richmond and its clerk, and
of the county court of Henrico, to provide for the circuit court of
that county and its clerk.
Ordered, that Mr. Wynne carry the same to the senate, and re¬
quest their concurrence. .
The Speaker laid before the'house a communication from the
governor, enclosing (in answer to a resolution of the house in rela¬
tion to military operations at or near Norfolk, at the time of the com¬
mencement of hostilities) a communication from Major General
William B. Taliaferro ; which was read, and ordered to be referred
to the committee on military affairs.
A message was received from the senate by Mr. Douglas, who in¬
formed the house of delegates that the senate had agreed to the
following; resolution:
o
Resolved, that the house of delegates is requested to return to the
senate, senate bill entitled an act to authorize field artillery to be
made and small arms purchased for the state, No. 87.
28
218
JOURNAL OF THE
The resolution was concurred in.
Ordered, that Mr. Anderson of Botetourt carry the same to the
senate.
Mr. Orgain presented the petition of citizens of Lunenburg, pray¬
ing for the prohibition of the distillation of grain; which was or¬
dered to be laid on the table.
No. 120. A bill to organize a regiment of pikeincn for the con¬
federate service, was taken up, 011 motion of Air. Anderson of Bote¬
tourt, read a first time, and-ordered to be read a second time.
Mr. Anderson of Botetourt moved that the bill be again read this
day. Pending the consideration of which, the bill was laid 011 the
table and ordered to be printed.
No. 104. A bill appropriating money for the construction of a
road from Marlin's Bottom in Pocahontas county to the salt works
in Braxton county, was taken up, on motion of Mr. McLaughlin,
read a first time, and ordered to be read a second time.
On motion of Mr. Woodson, the bill was laid on the table.
A message was received from the senate by Mr. Ikbell, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to amend and re-enact section 1st, chapter 57, Acts
1861, with an amendment: in which they request the concurrence
of the house of delegates.
Subsequently, on motion of Mr. Robertson, the amendment was
concurred in.
Ordered, that the clerk inform the senate thereof.
Noi 87. A bill authorizing the recovery of money stolen from the
Exchange Bank-of Virginia at Weston, was taken up, 011 motion of
Mr. Collier, amended, and as amended, read a second time, and or¬
dered to be engrossed and read a third time.
No. 47. A senate bill entitled an act authorizing a reassessment of
a house and lot in Lynchburg, owned by Barney MeKiimey and
James Casey, and for the repayment to them of certain taxes, was
read a third time and passed—Ayes 83.
Ayes—Messrs. Jvemper (speaker), J. T. Anderson, Bass, Bayse, Blue, Booton, Bradford,
Brooks, Buford, Carter, Cazenove, Cecil, Clarke, Collier, Crockett, Daniel, J. D. Davis, K.
J. Davis, Dice, Dunn, Edmunds, Egglcston, Evans, Swing-, Fleming, Flood, Franklin,
Garrison, Gatewood, George, Gillespie, Gilmer, Gordon, Grattan, Green, Hunter, Huntt,
Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Lockridge, Lundy,
Mathews, McCamant, A. IV. McDonald, Minor, Montague, Murdnugh, B. E. Nelson, New¬
ton, Orgain, Pitman, Prince, Kcid, Robertson, Rowan, ltutherfuord, P. (Saunders, Shannon,
Small, Shetfey, Spady, Staples, Steger, Tate, Tbras.li, Tomliu, Tredway, Tyler, Vaiden,
Vermillion, Walker, West, Williams, Wootten, Worsbam and Wynne—b3.
Ordered, that the clerk inform the senate thereof.
No. 39. A senate bill entitled an act to amend section 28th of
chapter 52 of the Code of Virginia, edition of 1860, was taken up,
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. 44. A senate bill entitled an act providing for the collection
of taxes and other public dues in the hands of defaulting disloyal
officers, and in the hands of other persons disloyal to the state; and
No. 54. A senate bill entitled an act to protect loyal citizens
HOUSE OF DELEGATES.
219
whose property may be sold by officers under illegal process, were
taken up, and on motions severally 'made, were laid upon the table.
No. 52. A senate bill entitled an act to amend an act entitled an
act to incorporate the American agency, passed March 29, 1S02, was
taken up ; and the question being—Shall the bill pass ? was put, and
decided in the negative.
The following engrossed bills were taken up, and on motions seve¬
rally made, laid upon the table:
No. 2. An engrossed bill to amend certain provisions of an act
entitled an act incorporating a company to establish a turnpike road
from the town of Manchester to the town of Petersburg, and to
amend certain provisions of subsequent acts relating to the same
company.
No. 39. An engrossed bill making an appropriation for the pay¬
ment to Alfred Beckley'for military services performed by him.
No. 44. An engrossed bill for the relief of Coalman D. Bennett,
executor of Howard Craft deceased, of Pittsylvania county.
No. 79. An engrossed bill to authorize the governor to settle the
account of Sampson Jones, agent of Mrs. Jane A. Griffin. ■
No. 63. An engrossed bill for ,the relief of Levi Johnson.
No. 83. An engrossed bill allowing further time to the owners of
.lots in the town of Columbia in the county of Fluvanna, to build
on and improve the same, was taken up, on motion of Mr. Nelson
of Fluvanna, read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The following bills were taken up, read a second time, and on
•motions severally made, laid on the table :
No. 70. A bill changing the place of holding a separate election
in the county of Bockingham.
No. 60. A bill to authorize the board of public works to transfer
the Southwestern turnpike to the counties in which it lies.
No. 106. A bill to amend and re-enact an act entitled an act to
authorize the banks of this commonwealth to issue notes of the de¬
nomination of one and two dollars, passed January 24, 1S62.
No. 100. A bill to authorize the governor to organize and call out
the military force of cities and towns for their defence.
No. 109. A bill to authorize the governor-to organize and call "out
certain military forces for the defence of the state.
No. SO. A bill to repair the road from the Warm springs, by Hun-
tersville, to Greenbrier river, at Martin's Bottom.
The following bill was taken up, amended, and as amended, was
read a second time, and on motion, laid on the table:
No. 78. A'bill to organize companies for'special service.
The following bills were read a second time,.and ordered to be en¬
grossed and read a third time :
No. 53. A bill to provide for having an accurate list and record
made of the military forces of Virginia.
No. 45. A bill for the relief of the personal representative of A.
J. Whitehead deceased, late sheriff of Pittsylvania county.
No. 71. A bill to incorporate the Virginia rolling mills company.
220
JOURNAL OF THE
The following bills were read a first time, and ordered to be read
a second time:
No. 16. A bill declaring a portion of South Anna river in the
county of Hanover a lawful fence.
No. 47. A bill declaring a portio.n of New river a lawful fence.
No. 54, A bill to prohibit the emancipation of slaves by will.
No. 56. A bill to regulate proceedings under the second section of
ordinance No. 70, entitled an ordinance to prohibit citizens of Vir¬
ginia from holding office under the United States government, passed
by the convention of Virginia on the 27th day of June ISO J.
No. 62. A bill, incorporating the savings bank for small earnings of
the city of Richmond.
No. 65. A bill to legalize the use of certain state securities held
by the Bank of Pittsylvania as part of its capital.
No. 74. A bill providing for the collection of the arrears of taxes.
No. 81. A bill prescribing penalties against illegal assessments alid
collection of taxes.
No. 85. A bill for the relief of Thomas McCormick.
No. 86. A bill for the relief of John S. Rady, page-of the house
of delegates at the session of 1847-48.
No. 62. A bill imposing a tax on dogs in the county of Alleghany.
No. 60. A bill to reorganize the 17th and 28th brigades Virginia
militia.
No. 9S. A bill confiscating lands of citizens of the United States
lying west of the Alleghany mountains, and when said lands are
claimed by loyal citizens under grants from the commonwealth, to
transfer the same, to them.
Noi 69. A bill for the relief of Joel D. Ashberry, Wescon Lewis
and others, being the officers and crew of the York Spit light vessel.
No. 108. A bill to authorize the sale of the stock held by the
state in turnpike and plank road companies.
Np. 110. A bili to amend and re-enact the 8th section of chapter
151 of the Code of Virginia, so as to provide an indemnity to officers
levying attachments.
No. 111. A bill extending the time for sheriffs and other collec¬
tors to distress for taxes and arrears of taxes.
No. 112. A bill to amend the secon^ section of the act incorpo¬
rating the Thornrose cemetery at Staunton.
No. 113. A bill to compensate Samuel S. Bryant for certain ser¬
vices as prosecutor in the hustings court of Danville.
No. 114. A bill for the relief of Robertson Cooker.
No. 117. A bill to pay to George Cooper a certain sum of money
for services as clerk of the 1.15th regiment of militia.
No. *119. A bill releasing a lien to the Richmond and Petersburg
rail road company.
No. 124. A bill compensating R. H. Phillips for private property
taken possession of for the use of the state.
No. 125. A bill directing the board of public works to complete
the Morgan and Frederick turnpike.
No. 126. A bill concerning the sinking fund.
No. 118. A bill to provide for the defence of the citv of Richmond.
HOUSE OF DELEGATES.
221
No. 122. A bill amending the charter of the Culpeper savings
bank.
No. 123. A bill to incorporate the Bank of Page.
No. 127. A bill for the relief of Wilson Hix, sheriff of Appomat¬
tox county.
No. 128. A bill for the relief of James Reid.
No. 129. A bill for the relief of Archibald M. Drew.
No. 130. A bill to pay to John Kelley, surviving partner of Kelley
& Larguey, the amount of a judgment of the circuit court of the
city of Richmond against the board of public works.
No. 135. A bill to impose penalties on certain misdemeanors.
No. 13G. A bill to provide for securing the attendance of members
of the general assembly on the sessions of the respective houses.
No. 118. A bill to provide for the defence of the city of Rich¬
mond, was taken up, on motion Mr. Steger, and referred to the
special committee to confer with the executive of the Confederate
States.
A message was received from the senate by Mr. Nasii, who in¬
formed the house of delegates that the senate had agreed to a joint
resolution declaring the intent and meaning of an act passed February
10, 1S62, providing for raising Virginia's quota of the Confederate
States army: in which they respectfully requested the concurrence
of the house of delegates. ■
The resolution was taken up, on motion of Mr. Tomlin.
Mr. Sheffey moved to refer the resolution from the senate to a
special committee, with instructions to report an amendment thereto,
to the effect "that the secretary of war be requested not to receive
any further enlistments (under the act of congress) from Virginia."
Pending the consideration of which,
Mr. Grattan moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative.
It appearing that no quorum voted, Mr. Saunders of Franklin
moved a call of the house; and the question being on agreeing
thereto, was put, and decided in the negative.
Mr. McDonald of Hampshire moved an adjournment; and the
question being on agreeing thereto, was put, and decided in the ne¬
gative—Ayes 29, noes 35.
On motion of Mr. Saunders of tTanklin, the vote was recorded
as follows:
Ayes—Messrs. Barbour, Bayse, Blue, Booteri, Bradford, Buford, Fleming, Garrison,
Gatcwood, Gillespie, Grattan, Green, Irby, Johnson, Jones, Kaufman, Laidley, Lively,
JlcCaniant, A. W. McDonald, R. E. Nelson, Newton, Orgain, Pitman, Steger, Tate, Thrash,
Ward and Wootten—20.
Noes—Messrs. Kemper (speaker), J. T. Anderson, Bass, Brooks, Cecil, Clarke, Crockett,
Daniel, J. D. Davis, R. J. Davis, Dice, Dunn, Edmunds, Ewiug, Flood, Franklin, George,
Gordon, Huutt, Kyle, Montague, Prince, Kutkerfoord, P. Saunders, Shannon, Sheffey, Tom-
lia, Tredway, Vaiden, Vermillion, Williams, Worsham and Wynne—35.
Mr. Bradford moved a call of the house; which was withdrawn
by leave, and then,
On motion of Mr. Ward, the house adjourned until Monday, 11
o'clock.
9£>9
journal of the
MONDAY, March 3, 1862.
Prayer by Bev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 1, lhiiy.
The senate have passed a bill entitled :
An act to incorporate the Preston coal, oil and iron company,
No. 73.
In which they respectfully request the concurrence of the house
of delegates.
No. 73. A senate bill entitled an act to incorporate the Preston
coal, oil and iron company, was read a first and'second times, and
ordered to be referred to the committee on agriculture and manu¬
factures.
Mr. McCamant, from the committee of propositions and grievances,
• presented the following bills:
No. 137. A bill to incorporate the Hillsville military academy in
the county of Carroll.
No. 138. A bill amending and re-enacting section 17, chapter 64
of the Code of Virginia.
No. 139. A bill changing the names of the counties of Buchanan
and Scott. ^
" Mr. Flood, from the committee on finance, presented the following
bill:
No. 140. A bill to authorize the county court of Greenbrier county
to correct the assessment of two tracts of land in said county, stand¬
ing in the name of James C. Pollock; which', on motion of Mr.
Mathews, was read a first time, and two-thirds concurring, read a
second time, and ordered to be engrossed and read a third time.
Mr. Flood, from the same committee, to whom had been referred
No. 64. A senate bill entitled an act to authorize the issue of
registered certificates of state stock to Dr. Peter F. Brown, in lieu
of two lost bonds, reported the same with an amendment.
Mr. Sheffey, from the committee on military affairs, presented the
following bill:
No. 141. A bill to authorize the reorganization of the Culpeper
minute men and the Culpeper rifles ; which on his motion, was read
a first time, and two-thirds concurring, was read a second time, and
ordered to be engrossed and read a third time.
A joint resolution declaring the intent and meaning of an act
passed February 10th, 1862, providing for raising Virginia's quota
of the confederate army, being the unfinished business of Saturday,
was taken up; and the question being on agreeing to a motion sub¬
mitted by Mr. Sheffey, to refer the resolution to a special comnift-
tee, Mr. Sheffey, by leave of the house, withdrew the motion.
The question recurring on agreeing to the resolution from the
senate, was put, and decided in the affirmative.
Ordered, that the clerk inform the senate thereof.
HOUSE OF DELEGATES.
223
No. 132. A bill to suspend the work on the Kanawha river, and
to authorize the application of a part of the loan made for that im¬
provement, to keep open the navigation of the James river cana1, and
to improve the sluices upon a part of the river, was taken up and
read a second time, and on motion of Mr. Anderson of Botetourt,
referred to the committee on military affairs.
The following resolution, heretofore submitted, was taken up, on
motion of Mr. Fleming, amended, and as amended agreed to :
Resolved, the senate concurring, that this house will, on Thursday
the Gth of March, proceed to elect the following officers : A secretary
of the commonwealth, a treasurer, an auditor of public accounts, a
second auditor, a register of the land office, a superintendent of the
penitentiary, a general agent and storekeeper of the penitentiary,
and a public printer.
Ordered, that Mr. Fleming carry the same to the senate, and
request their concurrence.
Mr. Woodson submitted the following resolution:
Resolved, that the committee 011 military affairs be instructed to
report a bill so amending the 2d section of the act passed February
18th, 18G2, in regard to persons exempt from military duty, as to
repeal so much of said act as exempts from military1 duty the mem¬
bers of the general assembly of Virginia during the term for which
they were elected.
And the question being 011. agreeing thereto, was put, and decided
in the negative—Ayes 33, noes 51.
On motion of Mr. Woodson, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Buford, Carpenter, Carter, J. D.
Davis, Dunn, Edmunds, Eggleston, Flood, Gatewood, George, Green, Hunter, Johnson,
Jordan, Kaufman, Kyle, Lively, Lundy, A. W. McDonald, McLaughlin, Orgain, Pitman,
Kutherfoord, Staples,'Tomlin, Yaiden, Walker, Ward, West, Woodson and Worsham—33.
Noes—Messrs. Baker, Barbour, Bass, Blue, Booten, Bradford, Brooks, Cazenove, Cecil,
Clarke, H. N. Coleman, Collier, Crockett, It. J; Davis, Dice, Evans, Fleming, Franklin,
Garrison, Gillespie, Gilmer, Gordon, Grattan, Huntt, Irby, James, Jones, Laidley, Mathews,
McCamant, I. E. McDonald, Minor, Montague, Newton, Prince, Reid, Robertson, Rowan,
P. Saunders, Shannon, Sheffey, Small, Spady, Steger, Tate, Thrash, Tredway, Tyler, Wil¬
liams, Wootten and Wynne—51.
On motion of Mr. West,
Resolved, that the committee on banks enquire into the expe¬
diency of repealing the law requiring every person getting a license
to take an oath that he will not pay out notes of less denomination
than five dollars, and also of releasing the persons who have hereto¬
fore taken the oath aforesaid required by said law.
No. 79. An engrossed bill to authorize the governor to settle the
account of Sampson Jones, agent of Mrs. Jane A. Griffin, was taken
lip, 011 motion of Mr. Wynne, and read a third time; and the-ques¬
tion being—Shall the bill pass? the roll was called, with the follow¬
ing result—Ayes 33, noes 46.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Barbour, Bass, Blue, Bradford, Car¬
penter, Cazenove, H. N. Coleman, Crockett, J. D. Davis, R. J. Davis, Dice, Eggleston,
Fleming, George, Gillespie, Gilmer, Kauftnan, Kyle, Lundy, Mathews, McCamant,
McLaughlin, Montague, Reid, Robertson, Sheffey, Steger, Tate, Tredway, Yaiden and
Wynne—33.
Noes—Messrs. Baker, Booten, Brooks, Buford, Carter, Cecil, Collier, Dunn, Edmunds,
224
JOURNAL OF THE
Evans, Flood, FrnnUin, (rnrrlson, Oatowood, Gordon, 0rattan, Green, Hunter, TTnutt,
James, «folm < ti, J<m s, .Jonl'tn, Lhely, A.W.Mel)onnlrt, Minor, NeAvtoii, Oi^uni,Titiii*n,
Prince, K»n\on, Tlulin ifn« nl P. Snimili rs, Slnnnon, Small, Spmly, staples, 1 luasn, lomlin,
Ti lor, Wall t, W e<t, V* illiciins, Woodson, Wooften and Woiwhnni—«»4t>.
Resolved, that the hill he rejected.
No. hS. A hill authorizing the auditing board to allow certain
claims not already provided for by law, was taken up, on motion of
Mr. Bradford, and read a second time.
Mr. Hunter moved to recommit the bill to the committee on mili¬
tary affiijis; and the question being on agreeing thereto, was put,
and decided in the affirmative.
No. 9. A bill to suspend sales and legal proceedings in certain
cases, and to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April lS(il, by the convention
of Virginia, being the special orde,r of the day, was taken up, and
postponed to, and made the order 'of the day for Monday the 10th of
March.
A message was received from the senate by Mr. Hart,; who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to amend the 4th section of an act to incorporate the
Confederate insurance company, passed 4th February ISO# : in which
they respectfully requested the concurrence of the house of delegates.
On motion of Mr. Robertson, the house resolved itself into secret
session.
The Speaker laid before the house a communication from the go¬
vernor in regard to the execution of the acts of the 8th and 10th of
February, in relation to enrolling the military forces of the common¬
wealth, and providing for raking Virginia's quota of the Confederate
States army; which was read.
Mr. Edmunds moved that the •communication be referred to the
committee to confer with the president .of the Confederate States.
Pending the consideration of which,
A message was received from the senate by Mr. Dowlas, who in¬
formed the house of delegates that the senate had agreed to the fol¬
lowing resolution:
Resolved, that the house of delegates be requested to send to this
body, to be read in secret session, the repoii of a commillee ap¬
pointed by the house to confer with the governor in regard to I lie
manner in which he had proceeded, and what steps he had takn
towards the organization of the forces provided to be raised by llu*
act of 10th of February 18G2: iu which they respectfully requested
the concurrence of the house of delegates.
The resolution was concurred in.
Ordered, that Mr. Barbour carry the report to the senate.
The motion of Mr. Edmunds having been withdrawn by lea\e of
the house, the communication from the governor was laid upon the
table.
The Speaker laid before the house a communication from the
governor, enclosing two bills for the consideration of the general
assembly; which was laid upon the table.
HOUSE OF DELEGATES.
225
A message was received from the senate by Mr. Douglas, who
informed the house of delegates that the senate had agreed to the
following resolution:
Resolved, that (with the concurrence of the house of delegates) a
joint committee be appointed, consisting of five members on the part
of the senate, and members on the part of the house.,
to take into consideration the communication made by the executive
this morning to the general assembly, in regard to the execution of
the acts of the Sth and 10th of February 1862: in which they re¬
spectfully requested the concurrence of the house of delegates.
The blank in the resolution was filled with the word eight; and
the resolution, as amended, concurred in.
Ordered, that the clerk inform the senate thereof.
The Speaker announced that the committee on. the part of the
house would consist of the committee heretofore appointed to confer
with the president of the Confederate States.
On motions severally made, the communications from the governor
this clay received were taken up, and referred to the joint committee.
On motion of Mr. Wynne, the rule was suspended, with a view to
reconsider the vote of the house rejecting
No. 52. A senate bill entitled an act to amend an act entitled an
act to incorporate the American agency, passed March 29, 1S61, and,
the bill, on motion of Mr. Shekfey, laid on the table.
On motion of Mr. Evans, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, March 4, 1862.
Prayer by Rev. Mr. Solomon of the (Baptist church.
A communication from the senate, by their clerk, was read as
follows:.
In Senate, March 3, 1862.
The senate have passed bills entitled :
An act to amend and re-enact an ordinance extending the jurisdic¬
tion of the county courts in certain cases, passed by the convention
on the 26th day of June 1861, No. 74.
An act to incorporate the Stewartsville savings bank, No. 76.
An act to organize a regiment of pikemen for the Confederate
service, No. SS.
An act to amend an act incorporating the Shenandoah cotton ma¬
nufacturing company, passed December 19th, 1861, and to change
its name to Cedar creek cotton manufacturing company, No. S5.
They have disagreed to the amendments proposed by the house of
delegates to senate bill entitled an act to authorize field artillery to
be made and small arms purchased for the state, No. 87.
And they return the report of the special committee of the house
of delegates, which was communicated to the senate under a resolu¬
tion of the 3rd March 1862.
29
journal of the
In which bills they respect full}' request the concurrence of the
house of delegates.
No. 74. A senate bill entitled ;m act to amend and re-enact an or¬
dinance extending the jurisdiction of the county courts in certain
cases, passed by the convention on the 2(ith day of June 1801, wan
read a first and second times, and referred to the committee for courts
of justice.
No. 70. A senate bill entitled an act to incorporate the Stewarts-
ville savings bank, was read a first and second times, and referred to
the committee on banks.
No. SS. A senate bill entitled an act to organize a regiment of
pikemen for the confederate service, was read a first and second
times, and on motion of Mr. Robertson, laid on the table.
No. 85. A senate bill entitled an act to amend an act incorporating
the Shenandoah cotton manufacturing company, passed December 1!),
1SG1, and to change its name to " Cedar creek cotton manufacturing
company," was read a first and second times, and on motion of Mr.
Pitman, read a third time and passed.
Ordered, that the clerk inform, the senate thereof.
No. S6. A senate bill entitled an act to amend the 4th section of
an act to incorporate the Confederate insurance company, passed 4th
February 18G2, was read a first and second times, and on motion of
Mr. Minor, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 87. A senate bill entitled an act to authorize field artillery to
be made and small arms purchased for the state, with the amend¬
ments thereto, agreed to by the house and not concurred in by the
senate, was taken up ; and the bill and amendments laid on the table.
Mr. Montague, from the committee to examine the penitentiary,
presented the following bill:
No. 142. A bill to amend and re-enact section 19 of chapter 44 of
the Code of Virginia.• • •
Mr. Montague, from the same committee, presented the following
report:
An adverse report to the petition of George Taylor, asking relief
as one of the securities of R. M. Nimmo, penitentiary storekeeper.
Mr. Robertson, from the committee on banks, to whom had been
recommitted
No. 107. A bill to authorize certain corporations to issue notes of
and under one dollar, reported the same with amendments.
Mr. Anderson, from the committee on military affairs, to whom
had been referred
No. 132. A bill to suspend the work on the Kanawha river, anil
to authorize the application of a part of the loan made for that im¬
provement, to keep open the navigation of the James river canal, and
to improve the sluices upon a part of the river, reported the same
with amendments.
The amendments were concurred in, and the bill as amended, read
a second time, and ordered to be engrossed and read a third time.
Mr. Anderson, from the same committee, to whom had been re-
HOUSE OF DELEGATES.
227
ferred a communication from the governor, enclosing a communica¬
tion from Major General William B. Taliaferro, reported the follow¬
ing resolution:
Resolved, that the message and accompanying documents be laid
on the table and printed; which was concurred in. Doc. No. 62.
A message was received from the senate by Mr. Dickenson, who
informed the house of delegates that the senate had agreed to a joint
resolution authorizing the governor to tender to the congress of the
Confederate States certain rooms' in the state courthouse for the use
of its committees, requesting the authorities of the city of Richmond
and the county court of Henrico to provide accommodations for their
respective circuit courts.
A message was received from the senate by Mr. Lynch, who in¬
formed the house of delegates that the senate had passed with an
amendment house bill entitled an act to incorporate the Confederate
mutual life insurance company: in which amendment they request
the concurrence of the house of delegates.
On motion of Mr. Buford,
Resolved, that the committee on finance enquire into the expe¬
diency of so amending an ordinance of the convention, passed June
26, 1861, in regard to the payment of interest on certain state secu¬
rities, as to provide for excepting from the provisions of said ordi¬
nance such securities, acquired since the 26th June 1861, as have
been received by loyal citizens of this state in liquidation or for safe
transmission south qf balances due them in northern cities.
No. 140. An engrossed bill to authorize the county court of
Greenbrier county to correct the assessments of two tracts of land
in said county, standing in the name of James C. Pollock, was taken
up, on motion of Mr. Mathews, and read a third time; and the
.question being—Shall the bill pass? the roll was called, with the
following result—Ayes 37, noes 43 :
Ayes—Messrs. Kefnper (speaker), J. T. Anderson, Baskervill, Blue, Bradford, Buford,
H. N. Coleman, Collier, Crockett, Fleming, Gatewood, George, Gillespie, Gilmer, Green,
James, Johnson, Kaufman, Lively, Mathews, McCamant, A. W. McDonald, McLaughlin,
Minor, Newton, Pitman, Eeid, Riddick, Rowan, Rutherfoord, Shannon, Sheffey, Small,
Tate, Ward, Williams, J. L. Wilson and Wynne—37.
Noes—Messrs. Baker, Bass, Booten, Brooks, Cazenove, Cecil, Clarke, R. J. Davis,
•Dice, Dunn, Evansj Franklin, Friend, Garrison, Gordon, Grattan, Hunter, Huntt, Irhy,
Jones, Jordan, Kyle, Laidley, Lundy, I. E. McDonald, Montague,. Orgain, Prince, Rives,
Robertson, P. Saunders, Spady, Staples, Steger, Thrash, Tomlin, Tredway, Tyler, Walker,
West, S. Wilson, Wootten and Worsham—43.
Resolved, that the bill be rejecte'd.
No. 64. A senate bill entitled an act to authorize the issue of re¬
gistered certificates of state stock to Dr. Peter F. Brown, in lieu of
two lost bonds, was taken up, amended, and as amerced, read a third
time and passed—Ayes 79.-
Ayes—Messrs. J. T. Anderson, Baker, Baskervill, Bass, Blue, Booten, Bradford, Brooks,
Buford, Cazenove, Cecil, Clarke, H. N. Coleman, Crockett, J. D. Davis, R. J. Davis, Dice,
Duun, Eggleston, Evans, Fleming, Flood, Franklin, Friend, Garrison, Gatewood, George,
Gillespie, Gilmer, Gordon, Grattan, Green, Huntt, Irby, James, Johnson, Jones, Jordan,
Kaufman, Kyle, Laidley, Lively, Lundy, ,Mathews, MeCamant, A. W. McDonald, I. E.
McDonald, McLaughlin, Minor, Montague, Orgain, Pitman, Prince, Reid, Riddick, Robert-
eon, Robinson, Rowan, Rutherfoord, P. Saunders, Shannon, Sheffey, Small, Spady, Sta¬
ples, Tate, Thrash, Tredway, Tyler, Vaiden, Walker, Ward, West, Williams, J. L. Wilson,
8. Wilson, Woodson, Wootten and Worsham—79.
228
JOURNAL OF THE
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 72. An engrossed hill authorizing the payment for clothing,
&c. furnished the militia of Roanoke, was taken up and read a third
time; and the question being—Shall the bill pass V the roll wan
called, with the following result—Ayes 43, noes 34 :
Ayes—Messrs. J. T. Anderson, Baker, Baskervill, Bass, Bine, Bradford, Buford, Car¬
penter, Cazenove, H. N. Coleman, Crockett, J. D. Davis, R. ,T. Davis, Dice, Dunn, Ej^lts-
ton, Fleming; Garrison, Gillespie, Gilmer, Gordon, Huntt, James, Johnson, Jordan, Kauf¬
man, Laidley, McCamant, A. W. McDonald, McLaughlin, Montague, Pitman, Robertson,
Robinson, Rowan, Sheffey, Small, Staples, Tredway, Tyler, Yaiden, Ward, Williams, B.
Wilson and Wootten—45.
Noes—Messrs. Booten, Brooks, Cecil, Collier, Flood, Franklin, Gatewood, George, (Irat-
tan^ Green, Irby, Jones, Kyle, Lively, Lundy, Mathews, I. E. McDonald, Minor, Orgain,
Prince, Reid, Riddiek, Rives, Rutherfoord, P. Saunders, Shannon, Spady, Tate, Thiusb,
Walker, West, J. L. Wilson, Woodson and Worsham—34.
Resolved, .that the bill be rejected.
The following engrossed bills were read a third time and passed:
No. 97. An engrossed bill incorporating the Dover coal mining
qpmpany.
No. 40. An engrossed bill for the relief of the securities of Robert
O. Doss, late sheriff of the county of Campbell—Ayes 79.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Baskervill, Bass, Bine, Booten,
Bradford, Buford, Carpenter, Cazenove, Cecil, Clarke, II. N. Coleman, Collier, Crockett,
R. J. Davis, Dice, Dunn, Edmunds, Eggleston, Fleming, Flood, Franltiin, Friend, Gar¬
rison, Gatewood, George, Gillespie, Gilmer, Gordon, Green, Huntt, Irby, James, Johnson,
Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Lundy, Mathews, McCamant, A. W. Mc¬
Donald, I. E. McDonald, McLaughlin, Minor, Montague, Orgain, Pitman, Reid, Riddiek,
Rives, Robertson, Robinson, Rowan, Rutherfoord, P. Saunders, Shannon, Sheffey, Small,
Spady, Staples, Steger, Tate, Thrash, Tredway, Vaiden, Walker, Ward, West, Williams,
J. L. Wilson, S. Wilson, Woodson, Wootten and Worsham—71).
No. 76. An engrossed bill requiring the penitentiary storekeeper
to make quarterly.reports to the board of directors.
No. 77. An engrossed bill to remove lunatics confined in the peni¬
tentiary to the lunatic asylums.
No. 87. An engrossed bill authorizing, the recovery of money
stolen from the Exchange Bank of Virginia at Weston.
No. 71. An engrossed bill to incorporate the Virginia rolling mills
company—Ayes 82.
Ayes—Messrs. Kemper (speaker), J.T. Anderson, Baker, Barbour, Baskervill, Bass, Blue,
Booten, Bradford, Brooks, Buford, Carpenter, Cazenove, Cecil, Clarke, H.N. Coleman,Col¬
lier, Crockett, J. D. Davis, R. J. Davis, Dice, Dunn, Edmunds, Eggleston, Evans, Fleming,
Flood, Franklin, Garrison, Gatewood, George, Gilmer, Gordon, Grattan, Green, Hunter,
Huntt, Irby, Johnson, Jones, Jordan, Kyle, Laidley, Lively, Lundy, Mathews, McCamant, ■
A. W. McDonald, I. E. McDonald, McLaughlin, Minor. Montague, Newton, Orgain, Pitman,
Prince, Reid, Riddiek, Rives, Robertson, Rowan, Rutherfoord, P. Saunders, Shannon,
Sheffey, Small, Spady, Staples, Steger, Tate, Thrash, Tnmlin, Tredway, Tyler, Ward, West,
Williams, S. Wilson, Woodson, Wootten, Worsham and Wynne—82.
No. 94.' An Engrossed bill to convert the branch of the North¬
western Bank of Virginia at Jeffersonville into a separate and inde¬
pendent bank—Ayes 83.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Barbour, Biiskervill, Bass,
Blue, Booten, Bradford, Brooks, Buford, Carpenter, Cazenove, Cecil, Clarke, H. R. Cole¬
man, Collier, Crockett, J. D. Dams, R. J. Davis, Dice, Dnnn, Edmunds, Eggleston, Evans,
Fleming, Flood, Franklin, Friend, Garrison, Gatewood, George, Gillespie, Gilmer, Goidon,
Grattan, Green, Hunter, Irby, Johnson, Jones, Jordan, Kyle, Laidley, Lively, Lund), Ma-
HOUSE OF DELEGATES.
229
thews, McCamant, A. "VV. McDonald, I. E. McDonald, Minor, Montagno, Newton, Orgain,
Pitman, Prince, Roid, Riddick, Rives, Robertson, Rowan, Rutherfoord, P. Saunders, Shan¬
non, Sheffcy, Small, Spady, Staples, Steger, Tate, Thrash, Tomlin, Tredwav, Tyler, Yaiden,
Ward, West, Williams, J. L. Wilson, S. Wilson, Wootten, Worsliain and Wynne—811.
No. 141. An engrossed bill to authorize the reorganization of the
Culpeper minute men and the Culpeper rifles.
No. 53. An engrossed^bill to provide for having an accurate list
and record made of the military'forces of Virginia.
Ordered, that the clerk communicate the foregoing bills to the
senate, and request their concurrence.
The following engrossed bills were taken up, and on motions, laid
on the table:
No. 45. An engrossed bill for the relief of the personal represen¬
tative of A. J. Whitehead deceased, late sheriff of Pittsylvania
county.
No. 61. A bill refunding to William M. Hume, sheriff of Fauquier
county, damages paid by him as such.
No. 54. A senate bill entitled an act to protect loyal citizens
whose property may be sold by officers underv illegal process, was
taken up, on motion of Mr. Cazenove, amended on his motion, and
as amended rea'd a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. CO. A bill to authorize the board of public works to transfer
the Southwestern turnpike to the counties in which it lies, was taken
up, on motion of Mr. Bass, amended on his motion, and as amended,
read a second time, and ordered to be engrossed and read a third
time.
Mr. Evans submitted the following resolution; which was amended
on motion of Mr. Sheffey, and as amended agreed to.
The resolution as amended is as follows :
Resolved, by the general assembly, that the governor of this com¬
monwealth be and he is hereby authorized to receive a light infantry
company recently organized in the county of Middlesex, into the
Bervice of the state for three years, or for the war, and to commis¬
sion the officers of the same ; but the governor shall not accept said
company or commission its officers until he has ascertained that the
county of Middlesex has already furnished the full quota of volun¬
teers required to be furnished by said county for the confederate ser¬
vice, under existing laws.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Rives,
Resolved, that the committee on military affairs enquire into the
expediency of authorizing the governor to accept volunteers by com¬
panies from any city, town or county which has furnished its full
quota under the call of the confederate government for the war.
A message was received from the senate by Mr. Douglas, who
informed the* house of delegates that the senate had agreed to the
following resolutions:
230
JOURNAL OF THE
1. Resolved by the general assembly, that the secretary of war ol
the Confederate States be respectfully requested to decline to receive
any additional volunteers from the state of Virginia, either by regi¬
ments, battalions or companies, until the quota of Virginia to the
confederate army, called for by the president of the Confederate
States, shall be fully raised and mustered into service.
2-. Resolved, that the governor .be authorized and requested to
send a proper number of messengers at once to procure the enroll¬
ment of the military forces provided for by the act of the St h Feb¬
ruary 1SG2, and that lie pay said messengers such compensation as
he may deem expedient, out of the military contingent fund.
In which they respectfully requested the concurrence of the house
of delegates.
On motion of Mr. Barbour, the resolutions were taken up.
Pending the consideration of which,
On motion of Mr. Green, the house adjourned until to-morrow,
11 o'clock.
WEDNESDAY, March 5, 1SG2.
Prayer by Rev. Mr. Solomon of the Baptist church.
A communication from the senate, by' tljeir clerk, was read as
follows:
In Senate, March 4, 1MW.
The senate have passed bills entitled :
An act to sanction an ordinance of the state of North Carolina en¬
titled an ordinance to incorporate the Piedmont rail road company,
No. 90.
An act for the relief of E. A. W. Horc,' late sheriff of Stafford
county, No. 99.
In which they respectfully request the concurrence of the house
of delegates.
No. 90. A senate bill entitled an act to sanction an ordinance of
the state of North Carolina entitled an ordinance to incorporate the
Piedmont rail road company, was read a first and second times, and
referred to the special committee on rail road connections between
Virginia and North Carolina. *
No. 99. A senate bill entitled an act for the relief of E. A. W.
Hore, late sheriff of Stafford county, was read a first and second
times, and referred to the committee oil finance.
The amendment proposed by the senate to house bill entitled an
act to incorporate the Confederate mutual life insurance company,
was taken up and concurred in.
Ordered, that the clerk inform the seriate thereof.
Mr. Flood, from the committee on finance, presenteil the follow¬
ing bill :
No. 143. A bill providing for loans to supply temporary deficien¬
cies in the treasury.
HOUSE OF DELEGATES.
231
On motion of Mr. Sheffey,
Resolved, that the committee of roads and internal navigation en¬
quire into the# expediency of authorizing the hoard of public works
to rebuild the bridge of the Jackson's river turnpike company over
the river near Woodward's-in Alleghany county.
On motion of Mr. McDonald of Wyoming,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill giving a longer time, for the collection of
revenue, to the sheriffs of Wyoming, Logan, Boone, and other coun¬
ties occupied by federal troops. ^
On motion of Mr. Rowan,
Resolved, that a committee of five be appointed by the Speaker
to enquire into the expediency of reporting a bill amending the char¬
ter of the town of Union in the county of Monroe. ' -
The Speaker announced the following committee .uixler the reso¬
lution : Messrs. Rowan; Mathews, Jordan, James and Pitman.
On motion of Mr. Flood,
Resolved, that the committee on military affairs be instructed to
report whether counties, which have recently furnished companies of
volunteers for twelve months, and which have been mustered into
service under an act of congress, will be entitled to credit for the
same in furnishing their quota under the act of the 10th of February
last, to raise troops to meet the requisition on Virginia by the presi¬
dent of the Confederate States.
The resolutions communicated from the senate on yesterday, be¬
ing the unfinished business, was taken up.
The second resolution, which is as follows, was taken up and
agreed to:
"Resolved, that the governor be authorized and requested to send a
proper number of messengers- at once to procure the enrollment of
the military forces provided for by the act of 8th February 1862,
and that he pay said messengers such compensation as he may deem
expedient, out of the military contingent fund."
Ordered, that the clerk inform the senate thereof.
Mr. Robertson moved that the house resolve itself into secret
session; and the question being on agreeing thereto, Mr. Woodson
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 second resolution from the
senate, which is as follows:
" Resolved by the general assembly, that the secretary of war of
the Confederate States be respectfully requested to decline to receive
aiiy additional volunteers from the state of Virginia, either by regi¬
ments, battalions or companies, -until the quota of Virginia to the
confederate army, called for by the president of the Confederate
States, shall be fully raised and mustered into service."
Mr. Hunter submitted the following as a substitute therefor:
"Resolved (the senate concurring), that the special joint committee
appointed to confer with the confederate executive on the subject of
protecting the territory of this commonwealth, &c., be instructed, in
232
JOURNAL OF THE
the first place, to inform the secretary of war that the general
assembly deems it highly expedient that lip to the :20th day of March
1802, the confederate authorities should receive, into the service all
the volunteers that may be offered, whether in newly organized com¬
panies, battalions or regiments; and that said committee be further
instructed to report, as soon as practicable, a bill authorizing and
directing the governor of Virginia in like manner, and up to tho
same period, to receive into the service of this state all such com¬
panies, battalions and regiments of volunteers that may be offered to
him."
A message was received from the senate by Mr. Brannon, who
informed the house of delegates that the senate had agreed to the
joint resolution for the election of state officers on Thursday the (ith
instant.
A message was received from .the senate by Mr. Robertson, who
informed the house of delegates that the senate had disagreed to the
amendments proposed by the house of delegates to senate bill entitled
an act to authorize the governor to organize and call out certain
military forces for the defence of the state, No. 84; and that they
had agreed to the following resolution, in which they respectfully
requested the concurrence of the house of delegates:
Resolved, that a committee of conference be requested, to consider
the subjects of disagreement between the two houses in relation to
the bill entitled an act to authorize the governor to organize and call
out certain military forces for the defence of the state.
Subsequently, the resolution was concurred in, and the Speaker
announced the following committee on the part of the house: Messrs.
Steger, Rutherfoord, Blue, Davis of Campbell, and Tate.
The question being on agreeing to the substitute submitted.by Mr.
Hunter to the resolution of the senate, Mr. Cazenove demanded
the previous question ; which was sustained by the house; and being
put, was decided in the negative—Ayes 33, noejp 46.
On motion of Mr. Rives, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, Baskervill, Buford, Clarke, Collier, J. D. Davis, Dunn,
Eggleston, Flood, Franklin, Green, Hunter, Johnson, Jones, Jordan, Lively, Luudy, Ma¬
thews, A. W. McDonald, Minor, Orgain, Pitman, Prince, Rives, Robinson, Small, (Staples,
Thrash, Tyler, Vaiden, J. L. Wilson, Woodhouse and Wootten—33.
Noes—Messrs." Kemper (speaker), Baker, Barbour, Bass, Bradford, Carpenter, Caze¬
nove, Cecil, H. N. Coleman, Crockett, R. J. Davis, Dice, Edmunds, Evans, Fleming,
Friend, Garrison, Gatewood, George, Gillespie, Gilmer, Gordon, Grattan, Huutt, Irby,
Kaufman, Kyle, Laidley, McCamant, I. E. McDonald, Newton, Robertson, Rowan, Ru¬
therfoord, P. Saunders, Sheffey, Steger, Tate, Tomlin, Tredway, Vermillion, Walker, Wtst,
Williams, S. Wilson and Worsham—46.
The question recurring on agreeing to the resolution, was put, and
decided in the affirmative—Ayes 46, noes 36.
On motion of Mr. McDonald of Hampshire, the vote was recorded
as follows:
Ayes—Messrs. Kemper (speaker), Baker, Barbour, Bass, Bradford, Carpenter, Carter,
Cazenove, Cecil, H. N. Coleman, Crockett, R. J. Davis, Dice, Edmunds, Evans, Flemiug,
Friend, Garrison, George, Gillespie, Gilmer, Gordon, Grattan, Hunter, Huntt, Kaufman,
Kyle, Laidley, McCamant, I. E. McDonald, Newton, Itiddick, Robertson, Rowan, Ruther¬
foord, P. Saunders, Sheffey, Steger, Tate, Tomlin, Tredway, Vermillion, Walker, W<bt,
Williams and Worsham—46.
HOUSE OF DELEGATES.
233
NJES—Messrs. J. T. Anderson, Baskervill, Buford, Clarke, Collier, J. D. Davis, Dunn,
ERjrU'Ston, Fined, Franklin, (iatewood, (iieen, lrby, James, Johnson, Jones, Jordan, Lively,
Lundy, Mathews, A. W. McDonald, Minor, Orgaiu, Pitman, Prince, Fives, Robinson, Small,
Staples, Thrash, Tyler, Yaiden, J. L. Wilson, S. Wilson, Woodhouse and Wootten—36.
Ordered, that the clerk inform the senate thereof.
On motion pf Mr. Rutherfoord,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill to authorize the erection
of a gallery in the hall now occupied by the house of representatives
of the Confederate States.
On motion of Mr. Jones, the house adjourned until to-morrow,
11 o'clock.'
THURSDAY, March 6, 1862.
Prayer by Rev. Mr. Walker of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 5, 1862.
The senate-have passed house bill entitled :
An act incorporating the Mutual life insurance company, No. 57.
And they have agreed to the amendments proposed by the house
of delegates to senate bills entitled:
An act to authorize the issue of registered certificates of state
stock to Dr. Peter F. Brown, in lieu of two lost bonds, No. 64.
An act to protect loyal citizens whose property may be sold by
officers under illegal process, No. 54.
Mr. Rowan, from the special committee, presented the following
bill:
No. 145. A bill amending an act passed the 29th day of March
1S61, entitled an act amending the charter of the town of Union in
the county pf Monroe.
MivMcCamant, from the committee of propositions and grievances,
presented the following bills :
No. 146. A bill incorporating the Roanoke insurance company.
No. 147. A bill authorizing the erection of a gallery in the hall
now occupied by the house of representatives of the Confederate
States.
Mr. Siieffey, from the committee of roads and internal navigation,
presented the following bill:
No. 148. A bill requiring the reconstruction of the bridge across
Jackson's river, at Woodward's in the county of Alleghany.
Mr. Jones, from the committee on military affairs, presented tie
following bill:
No. 144. A bill to place certain volunteer companies, mustered
into service since the 10th day of February 1862, on the same foot¬
ing as companies theretofore in service, and to give counties, cities
and towns furnishing the same, proper credit therefor; which was
read a first time, and ordered to be read a second time.
30
234
jouitna"l of tiie
Mr. Siieffet moved that the bill be again read this day. Tend¬
ing the consideration of which, the bill was laid on the table and
ordered to be printed.
Mr. Grattan submitted the following preamble and resolution;
which was laid on the table and ordered to be printed:
Whereas the government of the United States is prosecuting a war
against us, with intent to subjugate us: And whereas the intention
of the United States is to seize, for the purpose of exportation, or
for its own use, our property: And whereas certain staples (cotton
and tobacco) are the main articles of our export, and the objects of
that depredation, and the levers that mo\*e the commerce of the
world: And whereas it would prejudice our interests at home and
abroad to allow the United States to possess themselves of any
amount of said staples: And whereas the destruction of any part
of said staples will enhance the value of that part remaining: There¬
fore, as the only means to prevent the evils which will occur from
the possession of large amounts of said staples by our enemy,
1. Be it resolved, that in the opinion otVthis general assembly, it
is the duty and policy of the government of the Confederate States
to possess itself, by purchase, at a reasonable charge, of the whole of
these staples within our borders, to the end, that so much thereof
may be destroyed as may be likely to fall into the hands of the
enemy.
2. Resolved, that our senators be instructed and our representa¬
tives be requested to use their best endeavors to bring about such a
result.
Mr. Dunn submitted the following resolution; which being objected
to, was laid over under the rule :
Resolved, that this house (the senate, concurring) will adjourn on
Monday, March 17th, sine die.
Mr. Jordan submitted the following resolution; which being ob¬
jected to, was laid over under the rule :
Resolved by the general assembly, that the governor be authorized
to accept the services of all volunteer companies organized on or be¬
fore the 5th day of the present month.
On motion of Mr. Crockett,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into* the expediency of increasing the cajtital
stock of the Wytheville and Grayson turnpike company.
Mr. Anderson of Botetourt laid before the house a letter from
Brigadier General George W. Randolph, ih relation to the exemption
law of the present session of the general assembly, addressed to the
governor of the commonwealth,
f On motion of Mr. Anderson of Botetourt,
Resolved, that the letter of General Randolph to the governor of
this commonwealth be referred to the committee on military allairs,
with instructions to examine the act entitled an act amending and
re-enacting the second section of chapter 22 of the Code of Virginia,
respecting persons exempt from military duties, and providing the
HOUSE OF DELEGATES.
235
mode of exemption, and report (if any) such amendment as may he
necessary to prevent abuses of said act.
The joint order, which had for its object the election, of state
officers, was taken up and read.
On motion of Mr. Tomlin,
Resolved (the senate concurring), that the joint order, which has
for its object the election of state officers, be postponed until Thurs¬
day the 20th inst.
Ordered, that Mr. Tomlin carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr.
Douglas, who informed the house of delegates that the senate had
agreed to the resolution.
No. 132. An engrossed bill to suspend the work on the Kanawha
river, and to authorize the application of a part of the loan made to
that improvement, to keep open the navigation of the James river
canal, and to improve the sluices upon a part of the river, was read
a third time and passed—Ayes 86. ... -
Ayes—Messrs. Kemper (speaker), J. T. Anderson, "Baker, Barbour, Bass, Blue, Booten,
Bouldiu, Bradford, Buford, Carpenter, Carter, Cazenove, Cecil, Clarke, H. N. Coleman,
Collier, Crockett, Custis, Daniel, J. D. Davis, R. J. Davis, Dice, Dunn, Edmunds, Eggles-
ton, Evans, Fleming, Flood, Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Gor¬
don, Grattau, Green, Hunter, Huntt, James, Johnson, Jones, Jordan, Kaufman, Kyle,
Lundy, Mallorv, Mathews, McCamant, A. W. McDonald, I. E. McDonald, McLaughlin,
Minor, R. E. Nelson, Newton, Orgain, Pitman, Prince, Reid, Riddick, Rives. Robertson,
Robinson, Rowan, Rutherfoord, IShetiey, Small, Spady, Staples, Steger, Tate, Taylor,
Thrash, Tomlin, Tredway, Tyler, Vaiden, Walker, Williams, J. L. Wilson," S. Wilson,
Woodhouse, Woodson, Wootten and Worsham—86.
Ordered, that Mr. Anderson carry the same to the senate, and re¬
quest their concurrence.
No. 60. A bill to authorize the board of public works to transfer
the Southwestern turnpike to the counties in which it lies, was taken
up, and on motion, laid on the table.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time :
No. 46. A bill declaring a portion of South Anna river in the
county of Hanover a lawful fence.
No. 47. A bill declaring a portion of New river a lawful fence.
No. 54. A bill to prohibit the emancipation of slaves by will.
No. 62. A bill incorporating the Savings bank for small earnings,
of the city of Richmond.
No. 65. A bill to legalize the use of certain state securities held
by the Bank of Pittsylvania as part of its capital.
No. 74. A bill providing for the collection of arrears of taxes.
No. 84. A bill for the relief of William T. Fitchett, common¬
wealth's attorney for the county of Northampton.
No. 85. A biil for the relief of Thomas McCormick.
No. 86. A bill for the relief of John S. Rady, page of the house
of delegates at the session of 1S47-4S.
No. 92. A bill imposing a tax on dogs in the county of Alleghany.
No. 96. A bill to reorganize the 17th and 2Sth brigades Virginia
militia.
236
JOUKNAL OF THE
No. 99. A bill for the relief of Joel D. Ashborry, Woscon Lewis
and others, being the officers and crew of the York iSpit light vessel.
No. 10S. A bill lo authorize the sale of the stock held by the
state in turnpike and plank road companies.
No. 110. A bill to amend and re-enact the 8th section of chapter
151 of the Code of Virginia, so as to provide an indemnity to officers
levying attachments.
No. 111. A bill extending the time'for sheriffs and other collectors
to distress for taxes and arrears of taxes.
No. 112. A bill to amend the second section of the act incorpo¬
rating the Thornrose cemetery at Staunton.
No. 113. A bill to compensate Samuel S. Bryant for certain ser¬
vices as prosecutor in the hustings court of Danville.
No. 114. A bill for the. relief of Robertson Cooke.
No. 117. A bill to pay to George Cooper a certain sum of money
for services as clerk of the 115th regiment of militia.
No. 119. A bill releasing a lien to the Richmond and Petersburg
rail road company.
No. 124. A bill compensating R. H. Phillips for private property
taken possession of for the use of the state.
No. 125. A bill directing the board of public works to complete
the Morgan and Frederick turnpike.
No. 120. A bill concerning the sinking fund.
No. 127. A bill for the relief of Wilson Hix, sheriff of Appomattox
county.
No. 12S. A bill for the relief of James Reid.
No. 129. A bill for the relief of Archibald M. Drew.
No. 130. A bill to pay to John Kelley, surviving partner of Kelley
& Larguey, the amount of a judgment of the circuit court of the
city of Richmond against the board of public works.
No. 131. A bill legalizing the manufacture of alcohol.
No. 132. A bill to amend an act entitled an act to prevent free
negroes and slaves from owning dogs in the counties of Essex, King
& Queen, James City and New Kent, passed March 29th, ls58.
The following bills were read a second time, and on motions
severally made, laid on the table :
No. 50. A bill to regulate' proceedings under the second section
of ordinance No. 70, entitled an ordinance to prohibit citizens of
Virginia from holding office under the United States government,
passed by the convention of Virginia on the 27th day of June 18G1.
No. 81. A bill prescribing penalties against illegal assessments
and collection of taxes.
No. 98. A bill confiscating lands of citizens of the United States
lying west of the Alleghany mountains, and when said lands are
claimed by loyal citizens under grant from the commonwealth, to
transfer the same to them.
No. 107. A bill to authorize certain corporations to issue notes
of and under one dollar.
No. 115. A bill to authorize field artillery to be made and small
arms purchased for the state.
HOUSE OF DELEGATES.
237
No. 133. A bill to release certain corporations and persons from
forfeitures and penalties incurred by issuing notes as currency con¬
trary to law.
No. 13-5. A bill to impose penalties on certain misdemeanors.
No. 136. A bill to provide for securing the attendance of members
of the general assembly on the sessions of the respective houses, was
taken up and read a second time.
Mr. Cazenove submitted an amendment to the bill. Pending the
consideration of which,
Mr. Rives moved that the bill and amendment be laid on the
table; and the question being on agreeing thereto, Mr. Grattan
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. Kemper (speaker), Barbour, Bass, Blue, Bouldin, Bradford, Carpenter,
Carter, Cecil, Id. N. Coleman, Collier, Crockett, Custis, Daniel, J. D. Davis, Dice, Dunn,
Edmunds, Garrison, Gatewood, Gordon, Grattan, Green, Hunter, Jones, Jordan, Laidley,
Lively, Mallory, Mathews, MeCamant, A. W. McDonald, McLaughlin, Minor, R. E. Nelson,
Newton, Orgain, Pitman, Prince, Reid, Riddick, Rives, Robinson, Rowan, Rutherfoord,
Small, fspady, Steger, Tate, Tredway, Tyler, J. L. Wilson, S. Wilson, Woodhouse and
Wootten—55.
Noes—Messrs. J. T. Anderson, Baker, Booten, Buford, Cazenove, Clarke, Eggleston,
Evans, Fleming, Flood, Franklin, Friend, George, Gillespie, Gilmer, Huntt, James, Johnson,
Kaufman, Kyle, Lund.?, I. E. McDonald, Robertson, Sheffey, Staples, Taylor, Thrash,
Tomlin, Vaidcn, Walker, Williams, Woodson, Worsham and Wynne—34.
The following bills were read a first time, and ordered to be read
a second time:
No. 137. A bill to incorporate the Hillsville military academy in
the county of Carroll.
No. 13S. A bill amending and re-enacting section 17 of chapter 64
of the Code of Virginia.
No. 139. A bill changing the names of the counties of Buchanan
and Scott.
No. 142. A bill to amend and re-enact section 19 of chapter 14
of the Code of Virginia.
No. 143. A bill providing for loans to supply temporary deficien¬
cies in the treasury.
No. 145. A bill amending an act passed the 29th of March 1S61,
entitled an act amending the charter of the town of Union in the
county of Monroe.
No. 146. A bill incorporating the Roanoke insurance company.
No. 147. A bill authorizing the erection of a gallery in the hall
now occupied by the house of representatives of-the Confederate
States.
No. 148. A bill requiring the reconstruction of the bridge across
Jackson's river i at Woodward's in the county of Alleghany.
The following bills were read a second time, and on motion of
Mr. Grattan, recommitted to the committee on banks :
No. 122. A bill amending the. charter of the Culpeper savings
bank.
No. 12-3. A bill to incorporate the Bank of Page.
238
JOURNAL OF THE
On motion of Mr. Custis,
Resolved, that the committee of privileges and elections enquire
into the expediency of allowing the citizens of that part of York
county near the city of Williamsburg, to hold precinct elections for
said county in the courthouse of James City county, located in the
city of Williamsburg, with the consent of the county court of James
City and the hustings court of Williamsburg.
Mr. Woodson submitted the following resolution :
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of exempting from military duty and
from draft all persons who have furnished substitutes, either in the
state or confederate service, who are not liable to military duty under
the laws of this state: also into the expediency of exempting one
miller and blacksmith in each neighborhood.
Mr. Bass moved to amend, by inserting after the word " neighbor¬
hood" " one founder."
Mr. Newton moved that the resolution and amendment be indefi¬
nitely postponed ; and the question being on agreeing thereto, Mr.
Mallory demanded the previous question; which was sustained by
the house; and being put, was decided in the affirmative.
Mr. Steger, from the committee of conference, to whom had been
referred the matters of disagreement between the two houses in re¬
lation to senate bill entitled
No. 84. An act to authorize the governor to organize and call out
certain military forces for the defence of the state, presented the fol¬
lowing report:
The committee of conference of the two houses, to whom was re¬
ferred senate bill entitled an act to authorize the governor to call
out certain military forces for the defence of the state, and the pend¬
ing amendments thereto, proposed by the house of delegates, re¬
commend that the house amendments to the 1st section be agreed to,
and that house amendment to the -3d section be amended as follows:
8th line, strike out "existing," and insert the word "old;" and
strike out the words " of the militia respectively;" 13th line, after
the word " county," insert " or corporation and that the amend¬
ment so amended be concurred in; and that the house recede from
its last amendment: and the committee recommend that both houses
agree to the following as an additional amendment: 2d section, lltli
line, strike out the word " counties."
The question being on agreeing to the report of the committee,
Mr. Barbour demanded the previous question; which was sustained
by the house; and being put, was decided in the affirmative.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Grattan, the house adjourned until tohnorrow,
.11 o'clock.
HOUSE OF DELEGATES.
239
FRIDAY, March 7, 1862.
Prayer by Rev. Mr. "Walker of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 7, 1862.
The senate have passed house bills entitled:
An act refunding to the securities of. Thomas K. Davis, late sheriff
of Prince William county, damages paid by them as such, No. 42.
An act to incorporate the West fork iron manufactory in Floyd
county, No. 91.
They have passed with amendments house bills entitled:
An act authorizing Maryland volunteers who re-enlist in the troops
of Virginia, to be transferred to Maryland regiments, No. 103.
An act to amend an act entitled an act amending the charter of
the town of Danville, passed March 4th, 1854, and incorporating into
one the subsequent acts amendatory thereof, No. 68.
And they have passed bills entitled:
An act to prevent certain violations of the Sabbath, No.. 53.
An act to amend and re-enact the 61st section of chapter 38 of the
Code of I860, being the first section of an act entitled an "act to pre¬
vent the circulation of small notes, passed March 3d, 1854, No. 89.
An act to organize a military contingent fund, No. 92.
An act for the relief of Robert Shield, late sheriff of the county of
York, No. 93.
An act to release the sureties of Robert Chambers, late sheriff of
Boone county, No. 94.
In which amendments and bills they respectfully reqhest the con¬
currence of the house of delegates.
No. 53. A senate bill entitled an act to prevent certain violations
of the Sabbath, was read a first and second times, and referred to the
committee for courts of justice.
No. 89. A senate bill entitled an act to amend and re-enact the
61st section of chapter 3S of the Code of 1860, being the first section
of an act entitled an act to prevent the circulation of small notes,
passed March 3d, 1862, was read a first and second times, and referred
to the committee on banks.
No. 92. A senate bill entitled an act to organise the military con¬
tingent fund.
No. 93. A senate bill entitled an act for the relief of Robert Shield,
late sheriff of the county of York; and
No. 94. A senate bill to release the sureties of Robert Chambers,
late sheriff of Boone county, were read a first and second times, and
referred to the committee ou finance.
The amendment proposed by the senate to house bill entitled an
act authorizing Maryland volunteers, who re-enlist in the troops of
Virginia, to be transferred to Maryland regiments, was concurred in.
The amendments proposed by the senate to house bill entitled aq
act to amend an act entitled an act amending the charter of the town
240
JOURNAL OP THE
of Danville, passed March 4, 1S54, and incorporating into one the
subsequent acts amendatory thereof, were concurred in.
Ordered, that the clerk inform the senate thereof.
Mr. Bass, from the committee of claims, to whom had been referred
a resolution enquiring into expediency of allowing William II. Ilooke
of August^ county a license tax paid by him, submitted a report ask¬
ing that the committee be discharged from the consideration thereof,
and that the same be referred to the committee on finance.
Mr. Bass, from the same committee, to whom had been referred a
resolution enquiring into the expediency of refunding a license tax to
William T. Meador of Mercer county, submitted a report, asking that
the committee be discharged from the further consideration thereof,
and that the same be referred to the committee on finance.
Mr. Bass, from the same committee, to whom had been referred a
resolution enquiring into the expediency of allowing Hopkins &
Witt, a firm of merchants at Howardsville in Albemarle, compensa¬
tion for articles furnished Capt. Hopkins' company, submitted a re¬
port, asking to be discharged from the consideration of the subject,
and that the same be referred to the committee on military affairs.
The several reports were concurred in.
Mr. Newton, from the committee on finance, to whom had been
referred
No. 99. A senate bill entitled an act for the relief of E. A. W.
Hore, late sheriff of Stafford county, reported the same without
amendment.
Mr. Newton, froni the same committee, presented the following
bill: _
No. 148. A bill for the relief of the securities of John C. Harrison,
late sheriff of Tazewell county.
Mr. Newton, from the same committee, presented an adverse
report to the petition of Hall and Johnson, praying reimbursement
of expenses incurred in ascertaining damage by fire at Dibrell's ware¬
house.
Mr. Sheffey, from the committee on military affairs, presented
the following bill:
No. 149; A bill to declare the powers of boai-ds of exemption,
and to impose penalties on members of such boards for usurping
powers not conferred on them ; which, on his motion, was read a
first time, and ordered to be read a second time.
Mr. Anderson, from the same committee, presented the following
bill:
No. 150. A bill to authorize the governor to receive volunteer
companies in certain cases.
On motion of Mr. Gordon,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Fredericksburg insu¬
rance company.
A resolution heretofore submitted by Mr. Rives, was, on his mo¬
tion, taken up, amended, and as amended agreed to.
HOUSE OF DELEGATES.
241
Tlie resolution is as follows:
Resolved, that a joint committee, consisting of three members on
the part of the house, and two on the part of the senate, be ap¬
pointed to visit the Eastern lunatic asylum, and report to the general
assembly the condition of the institution.
Ordered, that Mr. Rives carry, the same, to the senate? and request
their concurrence.
Mr. Woodson submitted the following resolution:
Resolved by the general assembly "of Virginia, that the true con¬
struction of the term "sheriff," in the 11th line of the act*passed
February ISth, 1862, in regard to persons exempt from military
duty, is to exempt from military duty, not' only the high sheriff of
each county, but all deputies actually and necessarily employed as
such—the necessity to be judged of by the board of exemptions
prescribed by said act.
And the question being on agreeing thereto, Mr. Newton mpved.
the indefinite postponement of the resolution; and the question be¬
ing on agreeing thereto, was put, and decided in the affirmative.
Mr. Woodson submitted the following resolution:
Resolved, that the committee for courts of justice be instructed
to enquire into the expediency of so amending the Code of Virginia
as more effectually to provide against extortion by tavern keepers.
And the question being oh agreeing thereto, was put, and decided
in the negative.
Mr, Gfrattan moved'to take up the resolutions submitted by him.
on yesterday, in reference to the destruction of the staples of the
country $ and the question being on agreeing thereto, was put, and
decided in the negative.*
No. 45. An engi'ossed bill for the relief of the personal repre¬
sentative of .A. J. Whitehead deceased, late sheriff of Pittsylvania
county, was taken up, on motion of Mr. Gilmer, read a third time
and passed*—Ayes 85.
Ayes—-'Messrs. Kemper (speaker), Baker, Barbour, Baskervill, Bass, Blue, Booten,
Bouldin, Bradford, Buford, Carpenter, Carter, Cazenove, Cecil, .Clarke, H. N. Coleman,
Cbllicr, Crockett, Custis, Dabney, Daniel, R. J. .Davis, Dice, Dunn, Evans, Fleming,
Fletclier, Franklin, Friend, Gate wood, George, Gillespie, Gilmer, Gordon, Grattan, Green,
Hunter, Huntt, Johnson, Jones, Jordan, Kaufman, Kyle, Lively, Lundy, Mallory, Ma¬
thews, McCamant, A- W. McDonald, I. E. McDonald, McLaughlin, Minor, R. E. Nelson,
Newton, Orgain, Payne, Pitman, Prince, Reid, Riddick", Rives, Robertson, Robinson,
Rowan, Rutherfoord, R. C. Saunders, Sheftey, Small, Sherrard, Spady, Staples, Steger,
Tate, Taylor, Thrash, Tredway, Tyler, Vaiden, Walker, West, Williams, J. L. Wilson, S.
Wilson, Woodhouse, Wootten, Worsham and Wynne—85,
No. 44. An engrossed bill for the relief of Coalman D. Bennett,
executor of Howard Craft deceased, of Pittsylvania county, was
taken up, on motion of Mr. Buford, read a third time and passed—
Ayes 79.
Ayes—Messrs.-Kemper (speaker), J. T. Anderson, Baker, Barbour, Baskervill, Bass,
Bine, Boot eh, Bouldin, Bradford, Buford, Carpenter, Carter, Caaenove, Cecil, Clarke,
Crockett, Custis, Dabney ^ Danjel, J. D. Davis, R. J. Davis, Dice, Dunn, Fleming,
Fletcher, Flood, Franklin, Friend, Gatcwood, George, Gillespie, Gilmer, Gordon, Grattan,
Green, Hunter, Huntt, Johnson, Jordan, Kaufman, Kyle, Lively, Mathews, McCamant,
A. W. McDonald, I. E. McDonald, McLaughlin, Minor, R. "E. Nelson, Newton, Payne,
Pitman, Prince, Reid, Riddick, Rives, Robertson, Rowan, Rutherfoord, R. C. Saunders,
31
242
JOURNAL OF THE
Sheffey, Small, ShcrrarJ, Spady, Staples, Stoker, Tate, Taylor, Thrasli, Toiulin, Tivdivaj-
Walker, West, Williams, S. Wilson, Woodhouse, Wootton and Wynne—7'J.
Ordered, tliat the clerk communicate the bills to the senate, and
request their concurrence.
No. 24. An engrossed bill appropriating money to finish and re¬
pair the road from Tazew.ell courthouse, to Cha'pmansville in Logan
county, was taken up, on motion of Mr. George.
Mr. George 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 question being-^-Shall the bill.pass? the roll was called, with
the following result—Ayes 67, noes 26.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Barbour, Baskervill, Cass,
Blue, Bradford, Buford, Carpentefr, Cazenove, Cecil, Clarke, H.' N. Coleman, Collier,
Crockett, Dabney, Daniel, J. D. Davis, R. J. Davis, Dice, Dunn, Eggleston, Flood,
Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Green, Hunter, James, Johnson,
Jones, Jordan, Kaufman, Kyle; Lively, Mathews, McCamant, A. W. McDonald, I. E.
McDonald, McLaughlin, Minor, R. E. Nelson, Newton, Orgain, Payne, Pitman, Rives,
Robertson, Robinson, Rowan, Sheffey,'Small, Sherrard, Steger, Taylor, Thrash, Tredwuy
Tyler, Walker, S. Wilson, Woodhouse, Wootten and Wynne—67.
Noes—Messrs. Booten, Bouldin, Carter, Evans, Fleming, Fletcher, Grattan, Huntt,
Lundy, Mailory, Reid, Rjddick, Rutherfoord, R. C. Saunders, Spady, Staples, Tate, Tom-
lin, Yaiden, West, Williams, J. L. Wilson, Woodson and Worsham—26.
' Seventy-seven members not having voted in the affirmative,
Resolved, that the bill be rejected.
On 'motion of Mr. Reid, the rule waS suspended, with a view to
reconsider the vote by which the bill was rejected, and the bill-laid
' on the table. . •
. No. 150. A bill to authorize the governor to. receive 'volunteer
companies in certain cases, was taken up, on motioii of Mr. Andeii-
sqn of Botetourt, read a first time, and ordered to be read a second
time; and on his further motion; two-thirds concurring, was read a
second time. . •
Mr. Green moved to amend the bill, by inserting in the 1st sec¬
tion, after the word " companies," the following: " from any city,
town or county in which, by reason of the occupation of the public
enemy, drafts cannot now be made, in pursuance of existing laws
and;" and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
Mr. Hunter moved to amend the bill, by inserting the following
as an independent section :
" The volunteers received under this act shall be at once tnyisferred
to the service of the Confederate States, and shall be. considered a,s f
constituting part of the quota required of this state."
. And the question being on agreeing thereto, Mr. Minor moved
that the bill and pending amendment be laid on the table.
Mr. Minor submitted the following resolutions: ' .
Resolved, that the house of delegated have learned with deep sen¬
sibility of the. death of Meriwether Lewis Anderson, a delegate
from the county of Albemarle.
Resolved, that this body tender to the bereaved family of the de¬
ceased their sympathy at this afflicting dispensation.
Resolved, that the members and officers of the house will wear
HOUSE OF DELEGATES.
243
the usual badge of'mourning until the close of the present session, in
testimony of their respect for the deceased. ' .
Resolved, that a copy of the foregoing resolutions be forwarded to
the family of the deceased.
Resolved, as a further mark of respect, that this house will now
adjourn.
Ordered, that Mr. Minor inform the senate of the passage of the
foregoing resolutions. *
And thereupon, the house adjourned until to-morrow,'11 o'clock.
SATURDAY, March 8, 1862..
Prayer by Rev. Mr. Walker of the Baptist church.
A communication from the senate, by their clerk, was read as
follows: •
In Senate, March 7, 1862.
' The senate have passed bills entitled :
An act authorizing the purchase for the state of certain lots in
Hollywood cemetery, No. 72. •
An act for the relief of John W. Yaughan and others, No. 41.
They have receded from their disagreement to the amendments
proposed by the house of delegates to senate bill entitled:
An act to authorize the governor to organize and call out certain
military forces for the defence of the state, No. 84 ; and have agreed '
to the amendments proposed thereto by the committee of conference.
And they have -agreed to a resolution concerning the compensa¬
tion of members and officers of the congress of the Confederate
States.
In. which bills and resolution they respectfully request the con¬
currence of the house of delegates.
• No. 72. A senate bill entitled an act authorizing the purchase for
the state of certain lots in Hollywood cemetery, was read a first
and second times, and on motion laid on the table.
No. 41. 'A senate bill entitled an act for the relief of John W.
Vaughan and others, was read a first and second times, and on hio-
tion laid on the table.
A joint resolution from the senate concerning the compensation of
members and officers of the congress of the Confederate States, was
read, and on motion of Mr. Jones, laid on the table.
Mr. R-utherfoord, from the committee for courts of justice, to
whom had been referred the following senate bills, reported the same
with amendments:
No. 60. A senate bill entitled an act to authorize the use of the
jails and'poorhouses of the state by the Confederate States for the
safe keeping of free negroes'arrested by military authority.
No. 68. A senate bill entitled, an act to extend the time for the
exercise of certain civil rights and remedies.
244
JOURNAL OF TIIE
No. 53. A senate bill entitled an act to prevent certain violations
of the Sabbath".
Mr. Rutherfood, from the same committee, to whom had been
referred the- following senate bills, reported the same without
amendment:
, No. 74. A-senate bill entitled an act to amend and re-enact an or¬
dinance extending the jurisdiction of the county courts.in certain
cases, passed by ttife convention on the 26th of June 1S62.
No. 37. A senate bill entitled an act to take the sense of the
people on certain ordinances of the convention which assembled in
the capitol in the city of Richmond on thje 13th day of February
1861, with a recommendation that it do not pass.
Mr. Sheffey, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 151. A bill for an increase of the capital stock of the Wythe,-
ville and Grayson turnpike ; which, on his motion, was read a first
time, and ordered to be read a second time.
Mr. Blue, from the committee of privileges and elections, pre¬
sented the following bill:
No. 152. A bill conferring the privilege upon the citizens of York
county to hold precinct elections in the courthouse of James City.
Mr. Anderson, from the committee on military affairs, to whom
had beeii referred
No. 59. A senate bill entitled an act for the relief of the indigent
soldiers who have been or may be disabled in the military service ol
the state, and the widows and minor children of soldiers who have
died or may hereafter die in the service, reported the same without
amendment.
Mr. Robertson, from the committee on banks, to-whom had been
recommitted the following bills, reported the same with a recom¬
mendation that they do not pass.
No. 122. A bill amending the charter of the Culpeper savings bank.
No. 123. A bill to incorporate the Bank of Page.
Mr. Robertson, from the same committee, to whom had beeh
referred
No. 76. A senate bill entitled an act to incorporate the Stanards-
ville savings bank; which, on his motion, was read a third time.and
passed.
Ordered, that -the clerk inform the senate thereof.
On motion of Mr. Minor,
Resolved, that the Speaker of this house be authorize^ to issue a
writ of. election to supply the vacancy in the house of delegates oc¬
casioned by the death of M. L. Anderson, late a delegate from the
county of Albemarle.
On motion of Mr. Minor,
Resolved, that the clerk of the house be authorized to pay to the
personal representative of M. L. Anderson deceased, the mileage and
per diem pay due to' said «M. L. Anderson for the present session.
On motion of Mr. Collier,
Resolved, that the Speaker of the house of delegates cause to be
HOUSE OF DELEGATES.
245
made a.-correct roll of the members of this house and its officers, and
their respective counties, cities and towns, and furnish the same to .
the secretary of war of the Confederate States, with a request that
he cause to be furnished for the use of said members and officers,
passports as' required by martial law now in force in this city.
Mr. Dabney presented' tjie petition of citizens of the County of
Cumberland, praying for the exemption of W. T. Darford, a miller
in said county; which was ordered 'to be referred-to the committee
on military affairs.
The following bills v^ere taken up, on motions of Mr. Robertson,
severally made, and postponed to and made the orders of the day for
Tuesday next, at 12 o'clock.
No. 106. A bill to amend and re-enact an. act entitled an act to .
authorize the banks of this commonwealth to issue notes of the de¬
nomination of one and two dollars, passed January 24, 1862.
Jlo. 107. A bill to authorize certain corporations'to issue notes of
and under one dollar.
No. 133. A bill to release certain corporations and persons from
forfeitures and penalties incurred by issuing notes as a currency con¬
trary to law.
On motion of Mr. McCamant, '
Resolved, that the committee on military affairs enquire whether
any, and if* any, what further legislation may be necessary to carry
into effect the act providing for the collection of'the arms of the
state and Confederate States.
On motion of Mr. Bradford,
Resolved, that the committee on military affairs enquire into the .
expediency of reporting a bill authorizing the paymaster general to
pay Major yVilliam H. Hardesty, of 122d regiment Virginia militia, •
for services rendered as an officer of said rank, when said regiment
was called into service 3d July 1861, by order of General J. E.
Johnston. •
No. 149. A bill to declare the powers of the board of exemption,
and to impose penalties on members of such boards , for usurping
powers not conferred on them, was taken up, on motion of Mr.
Sheffey, amended, and as amended, read a second time, and or¬
dered to be engrossed and.read a third time; and subsequently
being engrossed, was read a third time and passed.
. Ordered, that Mr. Sheffey carry the same to the senate, and re¬
quest their concurrence therein.
No. 144. A bill to place certain volunteer companies, mustered
into service since the 10th day of February 1862, on the. same foot¬
ing as companies theretofore in servipe, and. to give counties, cities
and towns furnishing the same, credit therefor, was taken up, on
motion of Mr. Flood.
Mr. Sheffey submitted the following resolution:
That the bill be committed to the committee on military affairs,
with instructions to ascertain and report to this house the number of
companies from this state which have been mustered into the service
of the Confederate States since the 10th February 1862, and when
246
JOURNAL OF THE
they were so mustered in, for what terms of service, and by what
• authority.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
On motion of Mr. Anderson of Botetourt,
Resolved by the general assembly, that the adjutant general be
authorized to employ any number of clerks, temporarily, as may be
necessary to prepare the returns of the enrollment of the militia and
the reports from the camps of the volunteers in service, to provide
for a draft of the militia at the earliest possible day.
Ordered, that Mr. Anderson carry the same to the senate, and
request their concurrence.
No. 68.. A bill authorizing the auditing board to allow certain
claims not already provided by law, was taken up, on motion of Mr.
Hunter. . .
. Mr. Cazenove moved that the bill be laid on the table; and the
question being on agreeing thereto, Mr. Bass demanded the previous
question; which was sustained' by the house; and being pftt, was
decided in the affirmative.
A message was received from the senate by Mr. Christian, who
informed the house of delegates that the senate had agreed to a joint
resolution for the appointment of a committee to visit the Eastern
lunatic asylum, and to a joint resolution for the appdintment of
temporary clerks in the adjutant general's office.
No. 41. A senate bill entitled an act for the relief of John W.
Vaughan and others, was taken up, on motion of Mr. Custis.
Mr.. Rives moved an amendment thereto. Pending the cqnsitlera-
tion of which, the bill and amendment were referred to the com¬
mittee on finance.
No. 150. A bill to authorize the governor to receive volunteer
companies in. certain cases, with the. pending amendment thereto,
was taken up, on motion of Mr. Hunter. .
Mr. Sheffey moved the indefinite postponement of the bill and
amendment.; and the question being on agreeing thereto,' Mr. Hun¬
ter demanded the ayes and noes ; which was seconded by the num¬
ber required under the rule.
The ro^l was then called,- with the following result—Ayes 33,
noes 40:'
Ayes—Messrs. Kemper (speaker), Bass, Bouldin, Bradford, Crockett, Custis, Dunn,
Fleming, Friend, Garrison, George, Gillespie, Gilmer, Laidley, McCainant, R. E. Nelson,
Newton, Payne, Reid, Robertson, Rutkerfoord, R. C. Saunders, Sheffey, Spady, Staples,
Steger, Tate, Tomlin, Walker, Williams, S. Wilson, Woodhouse and Woodson—33.
Noes—Messrs. J. T. Anderson, Baskervill, Buford, Carpenter, Cazenove, Clarke, Dab-
ney, J. D. Davis, Dice, Eggleston, Evans, Fletcher, Flood, Franklin, Gatewoed, Green,
Hunter, Huntt, James, Johnson, Jones, Kaufman, Kyle, Lively, Lundy, Mallory, Mathews,
A. W. McDonald, I. E. McDonald, McKinney, McLaughlin, Minor, Pitman, Rives, Rowan,
Sherrard, Thrash, Vaiden, J. L. Wilson and Worsham—40.
• It appearing that no quorum voted, Mr. Green demanded a call
of the house; and the question being on agreeing thereto, was put,
and decided in the affirmative.
The roll was then called the first and second times, and the names
of the following members noted as absent:
HOUSE OF DELEGATES. . 247
Messrs. F. T. Anderson, Baker, Bafbonr, Bayse, Booten, Brooks, Burks, Carter, Cecil,
J. J. Coleman, H. N. Coleman, Collier,. Daniel, R. J..Davis, Edmunds, Eggleston, Ewing,
Forbes, Gordon, Harrison, Hopkins, Irby, Jordan, Lockridge, Lynn, McGruder, Montague, *
Murdangh, W. G. T. Nelson, Newton., Noland; Orgain, Prince, Richardson, Riddick, Ro¬
binson, P. Saunders, Shannon, Small, Taylor, Thomas, Tredway, Tyler, Vermillion, Ward,
West, Woolfelk, Wootten and Wynne.
Mr. Robertson moved that further proceedings under the call be
dispensed with;-and the question being on agreeing thereto, Mr.
Blue demanded the previous question; which w.as sustained by the
house ;• and being put, was decided in' the affirmative.
On motion of Mr. Wilson of Isle of Wight, the house adjourned
until Monday, 11 o'clock.
MONDAY, March 10, 1862.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 8, 1862.
The senate have agreed to the joint resolution authorizing the go- .
vernor to accept a light infantry company from Middlesex county-
And they have agreed to the amendments proposed by the house
of delegates to senate bill entitled:
An act to amend section 28 of chapter 52 of the Code of Virginia
(edition of 1860), No. '39.
The committee on enrolled bills having examined sundry such bills
and found them correctly enrolled, they have been signed by the presi¬
dent of the senate, and are herewith communicated for further sig¬
nature.
Mr. Newton, from the committee on finance, to whom had been'
referred the following senate bills, reported the same, as follows:
No. 92. A senate bill entitled an act to organize a military con¬
tingent fund (without amendment).
No. 41. A senate bill entitled an act for the relief of John W.
Vaughan and others (with amendments).
No. 93. A senate bill entitled an act for the relief of Robert Shield,
late sheriff of the county of York (with a recommendation that it do
not pass).
No. 43. A senate bill entitled an act to refund license taxes to'
volunteers in the military service, and other persons (with -a recom¬
mendation that it do not pass).
Mr. McCamant, from the committee of propositions and grievances,
presented the following bill: •
No. 153. A bill to incorporate the York river navigation company.
No. 56. A bill to regulate proceedings under the second section of
ordinance No. 70, entitled an ordinance to prohibit citizens of Virginia
from holding office under the United States government, passed by
the convention of Virginia on the 27th day of June 1861, was taken
248
JOURNAL OF TIIE
up, on motion of Mr. Sheffey, amended, and as amended, read a se¬
cond time, and ordered to be engrossed and read a third time.
No. 81. A bill prescribing penalties against illegal assessment and
collection of taxes, was taken up on motion of Mr. Sheffey, read a
second time, and ordered to be engrossed and read a third time.
No. 104.- A bill appropriating money for the construction of a
road from Marlin's Bottom in Pocahontas county to the Salt works
in Braxton county, was taken up, on motion of Mr. Sheffey, amended,
and as amended read a second'.time, and ordered to be engrossed and
read a third time.
The following bills were read a second time, and ordered to be
engrossed and read a third time
No. 137. A bill to incorporate the Hillsville military academy in
the county of Carroll.'
No. 13S. A bill amending and re-enacting section 17 of chapter
64 of the Code of Virginia. ...
No. 142. A bill to amend and re-enact section 19 of chapter 11
of the Code of Virginia.
No. 14-3. A bill providing for loans to supply temporary de¬
ficiencies in the treasury.
No. 145. A bill amending an act passed the'29th day of March
1861-, entitled an act amending the charter of the town of Union in
the county of Monroe.
No. 146. A bill incorporating the Roanoke insurance company. .
No. 147. A bill authorizing the erection of a gallery in the ball
now occupied by the house of representatives of the Confederate
States.
' No. 148. A bill requiring' the reconstruction of the bridge across
Jackson's, river at "Woodward's in the county of Alleghany.
The following bills were read a second time, and on motions of
Mr. Grattan, severally made, indefinitely postpQned:
No. 122. A bill amending the charter of the Culpeper savings
bank.
No. 123. A bill to incorporate the Bank of Page.
No. 9. A bill to susjoend sales and legal proceedings in certain
cases, and to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property and to suspend proceedings, in certain
cases, passed on the 30th of April 186*1, by the convention of Vir¬
ginia, being the special order of the day, was taken up and post¬
poned to and made the order of the day for Thursday next, at 12
o'clock.
No. 139. A bill changing the names of the counties of Buchanan
and Scott, was taken up, and on motion laid on the table.
The following bills were read a first time, and ordered to be read
a second time:
No. 148. A bill for the relief of the securities of John C. Harrison,
late sheriff of Tazewell county.
No. 152.' A bill conferring the privilege upon the citizens of York
county to hold precinct elections in the courthouse of James City.
No. 153. A bill to incorporate the York river navigation company.
HOUSE OF DELEGATES.
249
No. -53. A senate bill entitled an act to prevent certain violations
of the Sabbath, was taken rip, amended, and as amended, read a third
time and parsed—Ayes 57, noes 28.
On motion of Mr. Robertson, the vote was recorded as follows:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Bass, Bine, Bouldin, Carter,
Cazenove, Clarke, Collier, Crockett, J. D. Davis, Dice, Dunn, Eggleston, Evans, Fleming,
Flood, Franklin, Gatewood, George, Harrison, Huntt, Irby, Jordan, Kaufman, Laidley,
Lively, Lundy, Mallory, Mathews, I. E. McDonald, McLaughlin, R. E. Nelson, Newton,
Orgain, Pitman, Reid, Rowan, Rutherfoord, R. C. Saunders, Sheffey, Small,.Spady, Sta¬
phs, Steger, Tate, Vermillion, Walker, Ward, S. Wilson, Woodhouse, Woolfolk, Wootten,
Worsham, Wright and Wynne—57.
Noes—Messrs. Bradford, Carpenter, Dabney, Fletcher, Garrison, Gillespie, Gilmer, Grat-
tan, Green, Hopkins, Hunter, James, Johnson, Jones, Kyle, McCamant, A. W. McDonald,
McKinney, Minor, Payne, Rives, Robertson, Robinson, Thrash, Tyler, West, Williams and
J. L. Wilson—28.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 60. A senate bill entitled an act to authorize the use of the
jails and poorhouses of the state by the Confederate States, for the
safe.keeping of free negroes arrested by military authority, was read
a second time, amended, and as amended, r.ead a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The following senate bills were re^d a third time and passed:
No. 59. A senate bill entitled an act for the relief of the indigent
soldiers who have been or may be disabled in the military service of
the state, and the widows or,minor children of soldiers who have
died or may hereafter die in the service.
No. 74. A senate bill entitled an act to amend and re-enact an
ordinance extending the jurisdiction of the county courts in certain
cases, passed by the convention on the 26th day of June 1861.
The following senate bills were read a third time, and on motions
severally made, laid on the table: ,
No. 99. A senate bill entitled an act for the relief of E. A. W.
Hore, late sheriff of Stafford county.
No. 43. ♦ A senate bill entitled an act to refund license taxes to
volunteers in the military service, and to other persons.
No. 92. A senate bill entitled an act to organize a military con¬
tingent fund. '
No. 41. A senate bill entitled an act for the relief of John W.
Vaughan and others (amended).
No. 93. A senate bill entitled an act for the relief of Robert
Shield, late sheriff of the county of York.
The following senate bill was read a third time, and on motion of
Mr. Rutherfoord, indefinitely postponed:
No. 37. A senate bill entitled an act to take the sense of the peo¬
ple on certain ordinances of the convention which assembled at the
capitof in the city of Richmond on the 13th day of February 1861.
The following engrossed bills were read a third time, and on
motions severally made, laid on the table:
No. 46. An engrossed bill declaring a portion of South Anna
river in the county of Hanover a lawful fence.
32
250
JOURNAL OF THE
No. 0-5. An engrossed bill to legalize.the use of certain state seem
rities held by the Bank of Pittsylvania as part of its capital.
No. 74. An engrossed bill providing for the collection 'of the ar¬
rears of taxes.
The following bills were read a third time apd passed:
No. 47. An engrossed bill declaring a portion of New river a law¬
ful fence.
No. 54. An engrossed bill to prohibit the emancipation of slaves
by will.
No. 62. An engrossed. bill incorporating the Savings bank for
small earnings of the city of Richmond.
Ordered, that the clerk communicate the same to*the senate, and,
request their concurrence.
The Speaker laid before the house a communication from the
governor, enclosing a communication from Col. A. C. Bailey; which
were read, and on motion, referred to the committee on military
affairs.
The Speaker announced the following committee on the part of
the house to visit the Eastern lunatic asylum: Messrs. Custis, Crock¬
ett and Tate.
On motion of Mr. Ward, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, March 11, 1862.
A communication from the senate, by their clerk, was read as
follows :
In Senate, March 10, 1862.
The senate have passed a bill entitled:
An act to amend the first, seventh and twelfth sections of an act
entitled an act to raise troops to meet the requisition on Virginia by
the president of the Confederate States, passed February 10, 1862,
No. 105.
In which they respectfully request the concurrence of the house
of delegates.
No. 105. A senate bill entitled an act ta amend the first, seventh
and twelfth sections of an act entitled an act to raise troops to meet
the requisition on Virginia of the president of the Confederate States,
passed February 10, 1862, was read a first and second times, and re¬
ferred to the committee on military affairs.
Mr. Orgain, from the committee on agriculture and manufactures,
to whom had been referred
No. 25. A senate bill, entitled an act to provide temporary ware¬
houses for tobacco, reported the same, with a substitute therefor, by
way of amendment. The bill was laid on the table, and the substi¬
tute ordered to be printed.
Mr. Orgain, from the same committee, to whom had been referred
HOUSE OF DELEGATES.
251
No. 73. A senate bill entitled an act to incorporate the Preston
coal, oil and iron company, reported the same without amendment.
Subsequently, the bill was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Jones, from the committee on military affairs, presented the
following bill:
No. 154. A bill for the relief of Major R. S. Billups.
Mr. Jones, from the same committee, presented an adverse report
to the'petition of citizens of Cumberland county; asking the exemp¬
tion from military service of William T. Dunford, a miller in said
county.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented a report construing, under existing circumstances, the 2d, 8th
and 26th sections of the 4th article of the constitution; which was
laid on the table, and ordered to be printed. Doc. No. 64.
Mr. Harrison submitted the following resolution; which being
objected to, was laid over under the rule :
Resolved (the senate concurring), that the general assembly of Vir¬
ginia will adjourn sine die on Saturday the 15th of the present month.
On motion- of Mr. Ma-llory, the following resolution, heretofore "
submitted, was taken up :
" Resolved (the senate concurring), that this house will, when it
adjourns on Monday the 17th, adjourn sine die."
The resolution was amended, by striking out the "17th," and in¬
serting the " 20th;" and as amended, was laid on the table.
On motion of Mr. Crockett,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of authorizing the board of public works
to construct a road leading from Marion in the county of Smyth, to
the furnace of Thomas & Hurst in said county.
On motion .of Mr. Mathews,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of establishing a tribunal in the town of
Lewisburg, Greenbrier county, for the purpose of trying traitors and
other disloyal persons who may be captured or arrested by the mili¬
tary authority.
On motion of Mr. George,
Resolved, that the committee on military-affairs enquire- into the
expediency of appropriating a sum of money for the repair of the
road from Saltville to Tazewell courthouse, for military purposes.
On motion of Mr. Worsham,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill incorporating the Belle-
vue hospital in the- city of Richmond.
On motion of Mr. Grattan,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill to provide for cases in which creditors,
under existing circumstances, demand gold and silver in payment of
their debts, or refpse to receive the treasury notes of this state, con¬
federate notes, or the notes of solvent banks of the Confederacy.
252
JOURNAL OF TIIE
On motion of Mr. Carter,
Resolved by the general assembly of Virginia, that the governor
be requested to commission Capt. C. N. Lawson and other officers of
his company, receive the same, and turn them over to the confederate
government, as ti portion of Virginia's quota, and to the credit of
Lancaster county.
Ordered, that Mr. Carter carry the same to the senate, and re¬
quest their concurrence.
No. 46. An engrossed bill declaring a portion of South Anna rivor
in the county of Hanover a lawful fence, was taken up, on motion of
Mr. Taylor, and on his motion, recommitted to the committee of
propositions and grievances.
No. .68. A senate bill entitled an act to extend the time for the
exercise of certain civil rights 'and remedies, was taken up, on motion
of Mr. Sheffey, 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. 41.' A senate bill entitled an act for the 'relief of John W.
Vaughan and others, heretofore amended, was taken up, on motion
of Mr. Worsham, read a third time and passed—Ayes 82, no 1.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Baker, Bass, Blue, Bouldin, Bu-
ford, Carpenter, Carter, Cazenove, Clarke, Collier, Crockett, J. D. Davis, Dice, Edmunds,
Eggleston, Evans, Fleming, Fletcher, Flood, Franklin, Friend, Garrison, Gatewood, George,
Gillespie, Gilmer, Green, Harrison, Hopkins, Huntt, Irby, Johnson, Jones, Jordan, Kauf¬
man, Kyle, Lively, Mallory, Mathews, McCamant, A. W. McDonald, I. E. McDonald,
McLaughlin, Minor,.Montague, R. E. Nelson,. W. G. T, Nelson, Newton, Orgain, Payne,
Pitman, Prince,- Reid, Riddick, Rives, Robertson, Robinson, Rowan, Rutherfoord, R. C. 1
Saunders, Sheffey, Sherrard, Spady, Staples, Steger, Tate, Taylor, Thrash, Tredway, Tyler,
Vermillion, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Wool-
folk, Wootten and Worsham—82.
No—Mr. Small—1.
Ordered, that Mr. 'Rives carry the same to the senate, and request
their concurrence. »
No. 84. An engrossed bill for the relief of William T. Fitchett,
commonwealth's attorney for the county of Northampton, was read
a third'time and passed—Ayes 88.
Ayes—'Messrs. Kemper (speaker), Baker, Baskervill, Bass, Blue, Bouldin, Bradford, Bu.
ford, Carpenter, Cazenove, Clarke, Collier, Crockett, J. D. Davis, Dice, Edmunds, Eggles-
ton, Evans, Fleming, Fletcher, Flood, Franklin, Friend, Garrison, Gatewood, George, Gil¬
lespie, Gilmer, Grattan, Green, Harrison, Hopkins, Huntt, Irby, James, Johnson, Jones,
Jordan, Kaufman, Kyle, Lively, Mallory, Mathews, McCamant, A. W. McDonald, I. E. Mc¬
Donald, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain,
Payne, Pitman, Reid, Riddick,. Rives, Robertson, Robinson, Rowan, Rutherfoord, R. C.
Saunders, Sheffey, Small, Sherrard, Spady, Staples, Steger, Tate, Taylor, Thrash, Tredway,
Tyler, Vermillion, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse,
Woodson, Woolfolk, Wootten, Worsham, Wright and Wynne—88.
No. 99. An engrossed bill for the relief of Joel D. Aslibury, Wes-
con Lewis and others, being the officers and crew of the York Spit
light vessel, was taken up, on motion of Mr. Evans, read a third time
and passed—Ayes 84.
Ayes—Messrs. Kemper (speaker), Baker, Baskervill, Bass, Blue, Bouldin, Bradford, Bu-
ford, Carpenter, Cazenove, Clarke, Collier, Crockett, J. D. Davis, Dice, Edmunds, Eggleston,
Evans, Fleming, Fletcher, Flood, Franklin, Friend, Garrison, Gatcfood, George, Gillespie,
Gilmer, Green, Harrison, Hopkins, Hunter, Huntt, Irby, James, Johnson, Jones, Jordan,
HOUSE OF DELEGATES.
253
Kaufman, Kyle, Laidley, Lively, Mallory, McCamant, A. W. McDonald, I. E. McDonald,
Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, Prince,
Reul, Kiddick, Rives-, Robertson, Robinson, Rowan, Rutherfoord, SRetfey, Small, Sherrard,
Spady, Staples, Steger, Tate, Taylor, Thrasli, Tyler, Yermillion, Walker, Ward, West, Wil-"
■liams, J. L. Wilson, S. Wilson, Woodhouse, Woolfolk, Wootten, Worskam and Wynne—84.
Ordered, that Mr. Rives carry the same to the senate, and request
their concurrence. '
Ml Siieffey presented the petition of the .ladies and children of
Goodson and its vicinity, praying for the suppression of the distilla¬
tion of grain which was ordered to be laid on the table.
On motion of Mr. Robertson, Mr. Bouldin was added to the/com¬
mittee on banks.
A message was received from the senate by Mr. Johnson, who in¬
formed the house of delegates that the senate had passed house bill-
entitled an act to. declare the powers of boards of exemption, and to
impose penalties on members of such boards for usurping powers not
conferred on them -: in which amendments:-they respectfully requested
the concurrence of the house of delegates.
Also, that the senate had agreed to a joint resolution declaring
that the act passed February 18, 1862, entitled an act amending and
re-enacting the second section of chapter 22 of the Code of Virginia,
respecting persons exempt from all military duty, and providing the
mode of exemption,-was not intended and does not exempt from such
duty any deputy of a sheriff of any county, or of a seigeant of any
corporation, or of the clerk of any court, or the deputy of any other
officer: in which they asked the concurrence of the house of delegates.
No. 107. A bill to authorize certain corporations to issue notes
under one dollar, being the special order of the day, 'was taken up.
Mr; Lively moved to aniend the bill, by inserting at the ,end of
the 1st section, " Monroe, twenty thousand dollars."
Mr. Hunter moved to amend the amendment, by inserting in the
12th line, " Charlestown, seventeen thousand dollarsand the ques¬
tion being on agreeing thereto, was put, and decided in the affirmative.
' The question recurring on agreeing to the amendment as amended,
on motion of Miv Sheffey, the bill and amendments were laid upon
the table.
No. 149. A bill entitled an act to declare the powers of boards of
exemption,'and to impose penalties on members of such boards for
usurping powers not conferred on them, with the amendments thereto
proposed by the senate, was taken up, on motion of Mr. Sheffey,
and the amendments concurred in. '
Ordered, that Mr. Sheffey inform the senate "thereof.
A resolution this day communicated from the senate, declaratory
of the act of 18th February '1862, entitled an act amending and re-
enacting the 2d section of chapter 22 of the Code of Virginia, re¬
specting persons exempt- from all military duty, and providing the
mode of exemption, in relation to deputy sheriffs, &c., was taken up,
on motion of Mr. Sheffey, and concurred in.
Ordered, that Mr. Sheffey inform the senate thereof.
On motion of Mr. Garrison, the house adjourned until to-morrow,.
11 o'clock.
254
JOURNAL OF THE
WEDNESDAY, March 12, 1862.
Prayer by Rev. Mr. Kepler of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 11, 1862.
The senate have passed house bill entitled
An act to amend an ordinance of the convention to provide for
the organization of the provisional army for the state of Virginia,
No. 102, with amendments.
And they have agreed to the house resolutions ratifying and con¬
firming the provisional contract made for the purchase of salt to bo
furnished by Stuart, Buchanan & Co. of the Washington and Smyth
salt works.
They have agreed to the 1st and 3d amendments, and disagreed to
the 2d amendment of the house of delegates to-senate bill to prevent
certain violations of the Sabbath,
In which amendments to house, bill No. 102 they respectfully re¬
quest the concurrence of the house of delegates.
The amendments proposed by the senate to house bill entitled an
act to amend an ordinance of the convention to provide for the
organization of. the provisional army for the state of Virginia, No.
102, were concurred in.
Ordered, that the clerk inform the senate thereof.
Mr. Woodson moved to insist upon the amendment proposed by
the house of delegates to senate bill entitled, an act to prevent certain
violations of the Sabbath, No. 53, disagreed to by the senate; and
the question being on agreeing thereto, was put, and decided in the
negative.
The Speaker announced that thereby the house had receded from
its amendment.
■Ordered, that the clerk inform the senate thereof.
Mi*. Newton, from the committee on finance, presented an adverse
report to a resolution as to the expediency of releasing from taxation
improvements made on the lands of the Sweet springs company.
Mr. Anderson, from the committee on military affairs, to whom
was recommitted
No.. 144. A-bill to place certain volunteer'companies, mustered
into service since the 10th day of February 1S62, on the same foot¬
ing as companies theretofore in service, and to give counties, cities
and towns furnishing the ssyne, proper credits therefor, reported the
same.without amendment. • .
Mr. Anderson, from the same committee, presented the following
bill; which, on his motion, was read a first time, and two-thirds con¬
curring, read a second time, and ordered to be engrossed and read a
third time:
No. 155. A bill to repair the road from Saltville to Tazewell
courthouse.
Mr.. Woodhouse, from a special committee, presented the following
bill:
HOUSE OF DELEGATES.
255
No. 156. A bill to prevent the escape of slaves in tide water
counties; which, on his motion, was read a first time, and ordered
to be read a second time.
Mr. Huntt, from the committee on enrolled, bills, presented the.
following report:
The committee on enrolled bills have examined sundry such bills,
and finding them correctly enrolled, respectfully report them for fur¬
ther examination.
Ordered, that the clerk communicate the same to the senate for
further examination.
A message was received from the senate by Mr. Harvey, who in¬
formed the house of delegates that the senate had agreed to a joint
resolution requesting the governor to commission Capt. C. N. Lawson
and other officers of his company.
A message was received from the senate by Mr. Johnson, who
informed the house of delegates that the senate had passed house bill
entitled an act to prevent the unnecessary consumption of grain by
distillers and other manufacturers of spirituous and. malt liquors, No.
101, with amendments: in which amendments they respectfully re¬
quested the concurrence of the house of delegates.
Subsequently, the amendments were concurred in.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Buford,
Resolved, that a joint committee of five of the house and three of
the senate, be appointed to enquire and. report such legislation in
regard to exemption from militia duty as may be necessary by reason
of the recent proclamation of the governor calling out the entire^
militia. •
Ordered, that Mr. Buford carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by' Mr.
Collier, the senator from Petersburg, who .informed the house of
delegates that the senate had agreed to the resolution, and that they
had appointed a committee on their part.
The Speaker announced the following committee, under the reso¬
lution,'on'the part of the house: Messrs. Bouldin, Buford, McCa-
m'ant, Saunders of Campbell, and Collier.
On motion of Mr. Bouldin, leave was given to the commit.tee to
sit during the sessions of the house.
On motion of Mr. McCamant,
Resolved, that the joint committee on exemptions enquire into the
expediency of reporting a bill authorizing the governor to detail such
persons as are now or may be hereafter engaged in the manufacture
of lead, iron and saltpetre.
Mr. Hunter submitted the following resolution; which being ob¬
jected to, was laid over under the rule:
Resolved by the general assembly,'that the governor' be and he
hereby is empowered and directed to detail for special service, from
the militia called out by his la^e proclamation, such persons as may
in his judgment be necessary to carry on such industrial pursuits,'as
are absolutely demanded by the exigencies of the present war.
256
JOURNAL OF TIIE
No. 151. A bill for an increase, of tlie capital stock of the Wvtlio-
ville and Grayson turnpike company, was taken up, on motion of
Mr. Crockett, amended, and as amended, read a second time, and
ordered to be engrossed and read a third time.
No. 107. A bill to authorize certain corporations to issue notes
under one dollar, was taken up, on motion of Mr. Robertson.
Mr.- McDonald of Hampshire moved that the bill be recommitted
to the committee on banks, with instructions to bring in a bill pro¬
viding that the banks of circulation, heretofore chartered by the
state, be required to issue such a per cent, upon their capital stock
in notes under the denomination of one dollar, as shall make the ag¬
gregate amount so issued by all such banks, equal to $1,500,000;
and the question being on agreeing thereto, Mr. Rutherfookd de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the affirmative.
Mr. Baskervill submitted the following resolution :
Resolved, that when this house adjourns, it adjourn to meet again
at "7 o'clock/ . ' . •
Pending the consideration of which,
■ On motion of Mr. Grattan-, the house adjourned until to-morrow,
11 o'clock.
THURSDAY, March 13, 1862.
• Prayer by Rev. Mr. Kepler of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows: . _
In Senate, March 12, 18(W.
The senate have passed house bills entitled:
An act for the relief of the securities of Robert O. Doss, late sheriff
of the county of Campbell,- No. 40.
An act to incorporate the Virginia rolling mills company, No. 71.
An act incorporating the Dover coal mining company, No. 97.
An act. requiring the penitentiary storekeeper to make quarterly
reports to the board of directors, No. 76.
An act changing the lines of Pulaski and Wythe counties, No. 59.
They have disagreed to the amendments proposed by thfc house of
delegates to bill entitled :
An act to authorize the use of the jails and poorhouses of the state
by the Confederate States, for the safe keeping of free negroes ar¬
rested by military uuthbrity, No. 60.
They have passed a bill entitled:
An act refunding to Sutton & Dozier a sum of money paid on erro¬
neous assessment, No. 71.
And have agreed, to a preamble and resolution in relation to Col.
William J. Willey's casei
They have passed with amendments house, bills entitled :
An act to authorize, the reorganization of the Culpeper minute
men and the Culpeper rifles, No. 141.
HOUSE OF DELEGATES.
257
An act to provide "for the payment of interest to loyal citizens on
certain bonds guaranteed by the commonwealth, No. 93.
And they have agreed to the amendments of the house of delegates
to senate bill entitled :
An act for the relief of John W. Vaughan and others, No. 41.
In which bill, resolution and amendments, they respectfully request
the concurrence of the house of delegates.
Nb. 71. A senate bill entitled an act refunding to Sutton & Dozier
a sum of money% paid on erroneous assessment, was read a first and
second times, and referred to the committee on finance.
The amendments proposed by the senate to bill entitled an act for
the payment of interest to loyal citizens on certain bonds guaranteed
by the commonwealth, were concurred in.
Ordered, that the clerk inform the senate thereof.
The amendments proposed by the senate to bill entitled an act to
authorize the reorganization of the Culpeper minute men and the
Culpeper rifles, were concurred in.
Ordered, that the clerk inform the senate thereof.
The preamble and resolution relative to Col. William J. Willey's
case, was taken up and concurred in.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Jones, the house insisted on its amendments,
disagreed to by the senate, to senate bill entitled an act to authorize
the use of the jails and poorhouses of the state by the Confederate
States for the safe keeping of free negroes arrested by military
authority, No. 60.
Ordered, that Mr. Jones inform the senate thereof.
Mr. Harrison, from the committee for courts of justice, presented
a minority report on the subject of what, under existing circum¬
stances, constitutes the majority required under the 26th section,
article 4 of the constitution, to give the force of law to acts in said
section mentioned; which, on his motion, was laid on the table and
ordered to be printed.
Mr. Anderson, from the committee on military affairs, to whom
had been referred
No. 105. A senate bill entitled an act to amend the first, seventh
and twelfth sections of an act entitled an act to raise troops to meet
the requisition on Virginia by the president of the Confederate States,
passed February 10th, 1S62, reported the same, with an amendment.
Subsequently, the bill and amendment were taken up and laid on.
the table, and the amendment ordered to be printed.
The bill and amendment were made the order of the day for to¬
morrow, at 12 o'clock.
Mr. McOamant, from the committee of propositions and grievances,
presented the following bill:
No. 157. A bill to incorporate the Bellevue hospital in the city of
Richmond ; which, on motion of Mr. Worsham, wTas read a first time,
and two-thirds concurring, read a second time, and ordered to be
eugrossed and read a third time.
33
258
JOURNAL OF THE
The Speaker laid before the house a communication from the
governor, which was read as follows:
Executive Department, March El, ls<;2.
Gentlemen of the Senate and House of Delegates:
William A. Moncure, Esq., second auditor of state, de¬
parted this life last night, at his residence in Caroline county, after a
brief but severe illness. A true, patriotic and excellent citizen, and
a faithful public officer, has thus been lost to the state. As a mark
of respect for his memory, I have directed the public offices to be
•closed during the day.
Respectfully,
John Letciiee.
Mr. Edmunds submitted the following joint resolution :
Resolved by the general assembly, that the governor of this com¬
monwealth be and he is hereby authorized to receive a light infantry
•company recently organized in the county of Halifax, by the elec¬
tion of John C. Gregory, captain, into the service of the state for
three years, or for the war, and to commission the officers of the
same; but the governor shall not accept said company, or commis¬
sion its officers, until he has ascertained that the county of Halifax
has already furnished the full quota of volunteers required to he fur¬
nished by said county for the confederate service, under existing laws.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Ordered, that Mr. Edmunds carry the same to the senate, and re-
•qi^est their concurrence.
Subsequently, a message was received from the senate by Mr.
Logan, who informed the house of delegates that the senate laid
agreed to the resolution.
On motion of Mr. Bass,
Resolved, that the clerk of the house be directed to publish in the
newspapers printed in the city of Richmond, an act entitled an act
rto prevent the unnecessary consumption of grain by distillers and
•other manufacturers of spirituous and malt liquors, passed March
12th, 1862.
On motion of Mr. Eggleston,
Resolved, that the committee on military affairs enquire into the
•expediency of reporting a bill authorizing payment to be made to
Branch 0. Morgan, commissary 27th brigade Virginia militia, and
•also to William H. Reuburn, commissary lOSth regiment Virginia
militia, and Gustavus A. Butler, quartermaster 86th regiment Virginia
militia, for services rendered to the state of Virginia, in their nspro
tive departments.
On motion of Mr. Saunders of Franklin,
Resolved, that the committee on banks enquire into the expe¬
diency of authorizing the Franklin county savings bank to hsue
small notes.
HOUSE OF DELEGATES.
259
On motion of Mr. Rowan,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill compensating Capt. Delany and Capt.
Thomas A. Tross for military services rendered in western Virginia.
Mr. Mallory submitted the following resolution; which, on mo¬
tion, was laid on the table :
Resolved, that the clerk of this house be requested to have printed
in pamphlet form, for the use of members, all the laws and explana¬
tions of laws which they have passed, concerning the military ser¬
vice of the state, passed at the present session of the general assembly.
Mr. Hunter submitted the following resolution ; and the question
being on agreeing thereto, was put, and decided in the affirmative :
Resolved (the senate concurring), that a joint committee be ap¬
pointed for the purpose of examining and revising the several acts of
the general assembly, passed at the present session, upon the several
subjects connected with the organization and bringing into the field
the military forces of Virginia, with a view of giving unity and
harmony to said legislation; and that they report by bill or other¬
wise.
Ordered, that Mr. Hunter carry the same to the senate, and
request their concurrence.
On motion of Mr. Gordon,
Resolved, that the committee of propositions and grievances enquire
into the expediency of incorporating the Victoria mining and manu¬
facturing company in the county of Louisa.
On motion of Mr. Baker,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill dispensing with the protest of bills
and notes during the existing laws on that subject, as to provide for
cases where, by reason of the presence of the enemy, such protest
cannot be made, as now required by law.
Mr. Anderson of Botetourt presented the petition of stock¬
holders of the Buchanan savings bank in Botetourt county, asking
for authority to issue small notes; which was ordered to be referred
to the committee on banks.
No. 9. A bill to suspend sales and legal proceedings in certain
cases, and to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1§61, by the convention
of Virginia, being the order of the day, was taken up.
Mr. Hunter submitted amendments to the bill, and on his motion,
the bill and amendments were laid on the table, and the amendments
ordered to be printed.
The following engrossed bills were read a third time and passed:
No. 92. An engrossed bill imposing a tax on dogs in the counties .
of Alleghany and Botetourt.
No. 90. An engrossed bill to reorganize the 17th and 28th bri¬
gades Virginia militia.
No. 65. An engrossed bill to legalize certain state securities held ,
by the Bank of Pittsylvania as a part of its capital.
260
JOURNAL OF THE
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 147. An engrossed bill authorizing the erection of a gallery
in the hall now occupied by the house of representatives of tin4 Con¬
federate States, was taken up, on motion of Mr. Steger, read a third
time and passed—Ayes 82, noes 5.
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Baskorvill, Bass, Blue, Boulilin,
Bradford, Buford, Carter, Clarke, Collier, Crockett, Dabney, R. J. Davis, Dice, Edmunds,
Evans, Fleming, Fletcher, Flood, Garrison, Gatowood, George, Gillespie, Gilmer, Guidon,
Green, Harrison, Hopkins, Hunter, Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle,
Laidlev, Loekridge, Lnndy, Mallory, Mathews, MeCamant, A. W, McDonald, McLaughlin,
Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Pitman, Prince, Reid, Riddick,
Rives, Robertson, Robinson, Rowan, P. Saunders, R. C- Saunders, Sheffey, Siierrard, Small,
Spady, Staples, Steger, Tate, Taylor, Thrash, Walker, Ward, West, Williams, ,1. L. Wilson,
S. Wilson, Woodhoiise, Woolfolk, Wootten, Worsham, Wright and Wynne—H'L
Noes—Messrs. Franklin, Huntt, I. E. McDonald, Vermillion and Woodson—5.
Ordered, that Mr. Steger carry the same to the senate, and request
their concurrence.
On motion of Mr. Bass, the rule was suspended, with a view to
reconsider the vote heretofore rejecting
No. 140. An engrossed bill to authorize the county court of Green¬
brier county to correct the assessment of two tracts of land in said
county, standing in the name of James C. Pollock. And the question
being—Shall the bill pass? the roll was called, with the following
result—Ayes 5(5, noes 21:
Ayes—Messrs. J. T. Anderson, Baker, Baskervill, Bass, Blue, Buford, Carter, Dalmey,
J. D. Davis, Dice, Eggleston, Fleming, Flood, Garrison, Gatewood, George, Gillespie, Gor¬
don, Irby,- James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Loekridge,
Lundy, Mathews, MeCamant, A. W. McDonald, McLaughlin, Montague, K. E. Nelson,
W. G. T. Nelson, Newton, Pitman, Prince, Reid, Kiddick, Rives, Rowan, P. Saunders, Shef¬
fey, Staples, Tate, Taylor, Thrash, Walker, J. L. Wilson, Woodbouse, Woolfolk, Wootten,
Worsham and Wright—56.
Noes—Messrs. Clarke, Collier, Crockett, R. J. Davis, Edmunds, Evans, Fletcher, Frank¬
lin, Grattan, Green, Huntt, Mallory, Minor, Small, Spady, Steger, Vermillion, West, Wil¬
liams, S. Wilson and Wynne—21.
Seventy-seven members not having voted in favor of the bill,
Resolved, that the bill be rejected.
No. 86. An engrossed bill for the relief of John S. Rady, page of
the house of delegates at the session of 184-7-48, was taken up; and
the question being—Shall the bill pass? the roll was called, with the
following result—Ayes 66, noes 17 :
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Bass, Blue, Bradford, Carter,
Clarke, Dabney, J. D. Davis, R. J. Davis, Dice, Edmunds, Fleming, Flood, Franklin,
Gatewood, George, Gillespie, Gilmer, Gordon, Grattan, Harrison, Hopkins, Hunter, Irby,
James, Johnson, Jordan, Kaufman, Laidley, Lively, Loekridge, Lundy, Mathews, I. E.
McDonald, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain,
Pitman, Prince, Reid, Robertson, Robinson, P. Saunders, Sheffey, Siierrard, Small, Spady,
Steger, Tate, Taylor, Thrash, Walker, Ward, S. Wilson, Woodbouse, Woolfolk, Wootten,
Worsham, Wright and Wynne—66.
Noes—Messrs. Crockett, Eggleston, Evans, Fletcher, Green, Huntt, Jones, Kyle, Mal¬
lory, A. W. McDonald, Riddkk, Rives, Rowan, Staples, Vermillion, West ami Wil¬
liams—17.
Seventy-seven members not having voted in favor of the hill, the
Speaker announced that the bill was rejected. From the decision of
the chair, Mr. Robertson appealed; and the question being—Shall
HOUSE OF DELEGATES.
261
the decision of the chair stand as the judgment of the house ? on
motion of Mr. Robertson, the appeal was laid on the table.
The following engrossed hills were taken up, and on motions seve¬
rally made, laid on the table : •
No. 8-5. An engrossed bill for the relief of Thomas McCormick.
No. 108. An engrossed bill to authorize the sale of the stock held
by the state in turnpike and plank road companies.
Mr. Bouldin, from the joint committee on the subject of exemp¬
tions, presented the following joint resolution:
Resolved by the general assembly'of Virginia, that the governor
be authorized and required to exempt from the operation of his pro¬
clamation of the 11th instant, all persons who may be certified to
him by the war or navy department to be necessary to the work of
the government of the Confederate States : provided, however, that
no such person shall thereby be exempt from draft under the act of
February 10, 1862, or any other draft to fill up any future requisi¬
tion, or shall thereby lose his privilege to volunteer in the -state or
Confederate States service.
And the question being on agreeing thereto, Mr. Woodson de¬
manded the previous question ; which was sustained by the house ;
and being put, was decided in the affirmative.
- Ordered, that Mr. Bouldin carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr.
Collier, who informed the house of delegates that the senate had
agreed to the resolution.
The Speaker laid before the house a communication from the
governor, enclosing a correspondence between the treasurer of the
state and certain bank officers, in relation to exemptions from mili¬
tary duty; which was read, and on motion of Mr. Collier, referred
to the joint committee on the subject of exemptions.
A message was received from the senate by Mr. Nash, who in¬
formed the house of delegates that the senate had agreed to a joint
resolution authorizing the governor to receive volunteer companies
from any county or corporation which may have furnished its quota
to the confederate army: in which they respectfully requested the
concurrence of the house of delegates.
No. 144. A bill to place certain volunteer companies mustered
into service since the 10th day of February 1862, on the same foot¬
ing as companies theretofore in service, and to give counties, cities
and towns furnishing the same proper credits therefor, was taken up.
Mr. Saunders of Campbell submitted an amendment thereto;
pending the consideration of which, the bill and amendment were
laid on the table.
Mr. Bouldin, from the joint committee on exemptions, presented
a series of resolutions in relation to exemptions from military duty.
And the question being on agreeing to the first resolution of the
series, was put, and decided in the affirmative.
Mr. Baskervill moved to amend the second resolution, by strik-
262 JOURNAL OF THE
ing out the words, " also all employees in woolen and cotton'mills,
the proprietors of which are under contract to do work for the state
or confederate government," and to insert in lieu thereof the follow¬
ing : " also all persons engaged in cotton and woolen mills, whom
the president and directors thereof shall certify on honor are neces¬
sary for the full and proper working of such mills." And the ques¬
tion being on agreeing thereto, was put, and it appearing that no
quorum voted, Mr. Bradford moved an adjournment; and the
question being on agreeing thereto, was put, and decided in the
negative—Ayes 19, noes 57.
On motion of Mr. McDonald of Hampshire, the vote was recorded
as follows:
Ayes—Messrs. Bradford, Carpenter, Dabney, Gillespie, Gilmer, Green, Hunter, Irby,
Johnson, Jones, Kaufman, Lively, I. E. McDonald, R. E.Nelson, W. G. T. Nelson, Itowun,
Sherrard, Ward and Williams—19.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Baskervill, Bass, Blue, Bouldin,
Buford, Carter, Cazenove, Clarke, Collier, Crockett, J. D. Davis, R. J. Davis, Dice, Ed¬
munds, Eggleston, Evans, Fleming, Fletcher, Flood, Franklin, George, Gordon, Harrison,
' Hopkins, James, Jordan, Kyle, Lockridge, Mallory, Mathews, McCamant, A. W. McDonald,
McLaughlin, Montague, Newton, Prince, Reid, Riddick, Rives, Robertson, P. Saunders,
R. C. Saunders, Sheffey, Staples, Steger, Tate, Thrash, Vermillion, West, J. L. Wilson, S.
Wilson, Woolfolk, Wootten and Wright—57.
Mr. Saunders of Campbell moved a call of the house. Pending
the consideration of which,
On motion of Mr. Ward, the house adjourned until to-morrow,
11 o'clock.
FRIDAY, March 14, 1862.
Prayer by Rev. Mr. Kepler of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 13, 18G2.
The senate have passed house bills entitled:
An act to provide for having an accurate list and record made of
the military forces of Virginia, No. 53.
An act to convert the branch of the Northwestern Bank of Vir¬
ginia at Jeffersonville into a separate and independent bank, No. 91.
An act for the relief of Coalman D. Bennett, executor of Howard
Craft deceased, of Pittsylvania county, No. 44.
An act for the relief of the personal representative of A. J. White¬
head of Pittsylvania county, No. 45.
An act concerning bank directors, No. 55.
And they have passed with amendments house bills entitled:
An act authorizing the recovery of money stolen from the Ex¬
change Bank of Virginia at Weston, No. 87.
An act to prohibit the emancipation of slaves by will, No. 54.
They have indefinitely postponed house bill entitled:
An act to remove lunatics confined in the penitentiary to the
lunatic asylum, No. 77.
HOUSE OF DELEGATES.
263
The senate have passed bills entitled:
An act providing payment for horses taken in the service of the
state, No. 17.
An act to authorize the governor to remove the public library and
the papers and records belonging to the court of appeals, from Lewis-
burg in Greenbrier county, to avoid injury thereto from the public
enemy, No. 100.
And they have agreed to a resolution from the house of delegates
for the appointment of a joint committee to examine and revise the
military acts passed during the present session.
In which amendments and bills they respectfully request the con¬
currence of the house of delegates.
No. 17. A senate bill entitled an act providing payment for horses
taken in the service of the state, was read a first and second times,
and referred to the committee on military affairs.
No. 100. A senate bill entitled an act to authorize the governor
to remove the public library and the papers and records belonging
to the court of appeals, from Lewisburg in Greenbrier county, to
avoid injury thereto from the public enemy, was read a first and se¬
cond times, and referred to the committee for courts of justice.
The amendments proposed by the senate to house bill entitled an
act authorizing the recovery of money stolen from the Exchange
Bank of Virginia at Weston, were concurred in.
Ordered, that the clerk inform the senate thereof.
No. 54. A house bill entitled an act to prohibit the emancipation
of slaves by will, with the amendments thereto proposed by the se¬
nate, was taken up, and the bill and amendments laid on the table.
Joint resolutions authorizing the governor to receive volunteer
companies from any county or corporation which may have furnished
its quota to the confederate army, were taken up ; and the question
being on agreeing to the first resolution, was put, and decided in the
affirmative—Ayes 73, noes 12.
On motion of Mr. Bradford, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Bass, Blue, Bouldin, Buford,
Carter, Cazenove, Collier, Dabney, J. D. Davis, R. J. Davis, Dice, Edmunds, Eggleston,
Evans, Fletcher, Franklin, Gatewood, Gillespie, Gilmer, Gordon-, Grattan, Green, Harrison,
Hunter, Huntt, Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lockridge,
Luudy, Mallory, Mathews, McCamant, A W. McDonald, McKinney, Minor, Montague,
R. E. Nelson, W. G. T. Nelson, Newton, Pitman, Prince, Reid, Riddick, Rives, Robertson,
Robinson, Rowan, Small, Sherrard, Spady, Staples, Steger, Thrash, Walker, Ward, West,
J. L. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Wright and Wynne—73.
Noes—Messrs. Bradford, Crockett, Fleming, George, Hopkins, I. E. McDonald, P. Saun
ders, Shannon, Sheffey, Tate, Vermillion and Williams—12.
The resolution is as follows :
" Resolved by the general assembly, that the governor be and he
is hereby authorized to commission the officers of a cavalry company
in the county of Norfolk, consisting of LOO men, recently organized
by Messrs. James G. Martin and John Cooper, and to accept and
muster said company into the service for three years or for the war,
as soon as he shall ascertain that the county of Norfolk has contri¬
buted her quota of troops required to be furnished by the act of 10th
February 1862."
264
JOURNAL OF THE
Mr. Green moved to amend the 2d resolution, by inserting the
following: " from any county in which drafts cannot bo made by
reason of the presence of the^public enemy;" and the question being
on agreeing thereto, was put, and decided in the affirmative.
The resolution as amended is as follows:
" And be it further resolved, that the governor is hereby required
to receive into the service of the state, for three years or for the war,
and commission the officers of any company with the complement
of men, from any county in which drafts cannot be made, by reason
of the presence of the public enemy, or from any county, city or
town that has furnished its full quota, for three years or the war, of
troops for the confederate service, under existing laws."
Ordered, that Mr. Rives carry the same to the senate, and request
their concurrence.
Mr. Newton, from the committee on finance, to whom had been
referred
No. 71. A senate bill entitled an act refunding to Sutton and
Dozier a sum of money paid on an erroneous assessment, reported
the same, with the recommendation that it do not pass.
Mr. Robertson, from the committee on banks, to whom had been
referred
No. SO. A senate bill entitled an act to amend and re-enact the
Gist section of chapter 38 of the Code of 1860, being the first section
of an act entitled an act to prevent the circulation of small notes,
passed March ] 864, reported the same with an amendment.
Mr. Robertson, from the same committee, presented the follow¬
ing bill:
No. 1-58. A bill to amend, re-enact and extend an act entitled an
act to authorize the banks of the commonwealth to issue notes of
the denomination of one and two dollars, passed January 24, 1862.
Mr. Tate, on his own motion, was excused from attendance on the
committee to visit the lunatic asylums.
Mr. Flood was appointed in his place.
Mr. Mallory submitted the following resolution :
Resolved (the senate concurring), that this house will proceed, on
to-morrow, at 12 o'clock M., to fill, pro tempore, the office of second
auditor, made vacant by the death of the late William A. Moneure.
Mr. Rives moved to amend the same, by substituting in lieu
thereof the following:
" Resolved by the general assembly, that the first clerk in the
second auditor's office be authorized to discharge the duties of second
auditor until Thursday the 20th of March 1862."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
The question being on agreeing to the resolution as amended, was
put, and decided in the affirmative. .
Ordered, that Mr. Rives carry the same to the senate, and request
their concurrence.
On motion of Mr. Edmunds, the 13th rule of the lioiuv, which
provides that the Speaker cannot call a member to the chair for a
longer period than three days, was suspended until the IStil ffist.
HOUSE OF DELEGATES.
265
No. 105. A senate bill entitled an act to amend the first, seventh
and twelfth sections of an act entitled an act to raise troops to meet
the requisition on Virginia by the president of the Confederate
States, passed February 10, 1862, with the amendments thereto pro¬
posed by the committee on military affairs, being the special order of
the day, was taken up, and on motion of Mr. Anderson of Rock-
bridge, postponed to and made the order of the day for to-morrow,
at 12 o'clock.
Mr. Collier submitted the following resolution; which, on his
motion, was laid on the table :
Resolved by the general assembly, that permission be and is hereby
granted to raise a company of riflemen, not less than 90 strong, from
the city of Petersburg, provided said company furnish itself with
rifles; and the governor is hereby authorized to receive the said com¬
pany into service for the war, as a part of Virginia's quota.
A message was received from the senate by Mr. Thomas, the se¬
nator from Fairfax, who informed the house of delegates that the se¬
nate had agreed to the joint resolution in relation to the office of
second auditor, with an amendment: in which they respectfully re¬
quested the concurrence of the house of delegates.
A message was received from the senate by Mr. Collier, who in¬
formed the house of delegates that the senate had agreed to certain
joint resolutions concerning exempts, under the proclamation of the
governor of the 10th of March 1862 : in which they respectfully re¬
quested the concurrence of the house of delegates.
The first resolution was read as follows :
" Kesolved by the general assembly, that it shall be the duty of
the board of exemptions, acting under the act of February ISth,
1862, and any acts amendatory thereof, to take cognizance of all
cases of exemption arising under these resolutions ; and that the go¬
vernor shall cause one or more boards, with similar powers, to be or¬
ganized at the several places of rendezvous, indicated by his procla¬
mation of the 11th instant, by the commanding officer thereof, to be
composed of such persons as such commanding officer may desig¬
nate."
Mr. Bouldin moved to amend the resolution, by striking out
" 11th," and inserting " 10th which was agreed to.
Mr. Robertson moved to amend the first resolution, by striking
out the entire resolution, and inserting the following:
" Resolved by the general assembly, that the governor be and he
is hereby requested so to qualify the operation of his proclamation
of the 10th instant as to provide for the protection of the internal
security of the state, as well as for the keeping up of all depart¬
ments of the public service, and of such branches of the industry
and business of the community as the public necessities may de¬
mand : provided, that the power hereby given shall not affect or
prejudice any other measure for the relief of persons embraced by
the proclamation, which the legislature shall think proper to adopt*"
And the question being on agreeing thereto, was put, and decided
in the negative.
34
2C6
JOURNAL OF THE
Mr. "Wilson of Isle of Wight moved to amend the first resolution,
by adding at the end thereof the following:
" But no portion of the militia shall be mustered into service until
such hoard shall have been established."
Mr. Saunders of Campbell moved to amend the amendment, l>y
inserting in lieu thereof the following:
"Provided, however, that every man who has been mustered into
service, who claims exemption under these resolutions, shall have the
privilege of appearing before said board, at said points of rendezvous,
on application to the commanding officer."
And the question being on agreeing thereto, was put, and decided
in the negative.
The question recurring on the amendment submitted by Mr. Wil¬
son, was put, and decided in the negative.
The question recurring on agreeing to the first resolution of the
senate, Mr. Collier demanded the previous question; which was
sustained by the house; and being put, was decided in the affirmative.
The 2d resolution was read as follows:
" That the following persons shall be exempt, under the said pro¬
clamation, to wit: All officers and employees of any rail road, canal,
steam bo(at or telegraph company, whose, services the president and
superintendent of such company, or either of them, shall certify, on
honor, to be indispensable for conducting the operations thereof;
also, all persons whose services may be deemed by the board of ex¬
emptions to be indispensable in mining or manufacturing lead, iron,
saltpetre, gunpowder, fire arms, or other implements or munitions of
war; also all employees in woolen and cotton mills and incorporated
shoe factories, the proprietors of which are under contracts to do
work for the state or confederate government; and all tanners and
shoemakers having like contracts, as long as necessary to complete
such contracts ; also, such officers of the several banks of circulation
in this commonwealth, and their branches, as the respective presi¬
dents or cashiers may certify, on honor, to be indispensable to the
proper management of the business of the banks, and may be so
deemed by the said board of exemptions; also, such millers as the
said boards shall deem indispensable to the comfort of the community
in which they may live, or who shall be in the employment of the
state or confederate government; also, one editor of each newspaper
now being published, and such employees as the editor or proprietor
may certify, on honor, to be indispensable for conducting the publi¬
cation of his newspaper, so long as the same is regularly published
at least once a week; also, the jailors of every city, and such guard
as the hustings court thereof may certify to be indispensable to the
safe custody of prisoners; and the jailor of Henrico county, and
such guard as the county court thereof may certify to be indispen¬
sable to the safe custody of prisoners."
On motion of Mr. Buford,
Resolved, that in the further discussion which may grow out of
the resolutions under consideration, no member shall be allowed to
speak longer than five minutes at one time, nor more than once on
the same question.
HOUSE OF DELEGATES.
267
Mr. Grattan submitted the following amendment to the second
resolution : " also, such clerks as the quartermaster general and pay¬
master general of Virginia shall certify, upon honor, to be necessary
to conduct the business of their respective departmentsand the
question being on agreeing thereto, was put, and decided in the affir¬
mative.
Mr. Wynne moved to insert, after the word "iron," "coal, salt;"
which was agreed to.
Mr. Baker moved to insert, after "salt," "oakum;" which was
agreed to.
Mr. Anderson moved to strike out after the words " shoe facto¬
ries," the following : " the proprietors of which are under contracts
to do work for the state or confederate government;" and the ques¬
tion being on agreeing thereto, Mr. Grattan demanded the previous
question; which was sustained by the house; and being put, was de¬
cided in the affirmative.
Mr. Bouldin moved further to amend the second resolution by
striking out " like," and inserting after the word " contracts," " to
do work for the state or confederate government;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. Rives moved further to amend the second resolution, by in¬
serting after "millers," "blacksmiths and tanners;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. Saunders of Campbell moved further to amend the second re¬
solution, by inserting at the end thereof the following: "also, among
the rural population, every third son of a family from which two are
in the military service of the state or Confederate States; the only
son of a widow, and the father of five small children;" and the ques¬
tion being on agreeing thereto, was put, and decided in the affirma¬
tive.
Mr. Walker moved to amend the second resolution as amended,
by adding thereto the following: " also, one able bodied laboring
man for every 100 acres of arable land actually cultivated for agri¬
cultural purposesand 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.
Mr. Buford moved further to amend the resolution, by inserting
the following: " also, all persons engaged in making machinery for
the manufacture of woolen and cotton goods;" and the question being
on agreeing thereto, was put, and decided in the negative.
The question being on agreeing to the second resolution as amended,
Mr. Harrison demanded the previous Question; which was sustained
by the house; and being put, was decided in the negative—Ayes 32,
noes 57.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Blue, Buford, Crockett, Dabney,
R. J. Davis, Eggleston, Evans, Fleming, Franklin, Garrison, George, Gillespie, Gilmer,
Gordon, Huntt, Irby, James, Laidley, Luudy, Mathews, Montague, W. G. T. Nelson, Rid-
dick, Rives, R. C. Saunders, Staples, Vermillion, Woodson and Woolfolk—32.
Noes—Messrs. Baskervill, Bass, Bouldin, Bradford, Carpenter, Carter,(Cazenove, Clarke,
Collier, J. D. Davis, Dice, Edmunds, Fletcher, Flood, Gatewood, Grattan, Green, Harrison,
Hopkins, Hunter, Johnson, Jones, Jordan, Kaufman, Kyle, Lockridge, Mallory, McCa-
,mant, A. W. McDonald, I. E. McDonald, McKiuney, Minor, Newton, Pitman, Prince, Reid,
2G8
JOURNAL OF THE
Robertson, Robinson, Rowan, P. Saunders, Shannon, Sheffey, Small, Sberrard, St<"per, Tate,
Thrash, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhou.se., Wootten,
Wright and Wynne—57.
Mr. Bouldin moved a suspension of the rule, with a view to re¬
consider the vote by which the resolution was rejected; and the,
question being on agreeing thereto, was put, and decided in the
affirmative.
The question being on agreeing to the resolution as amended, Mr.
Saunders of Campbell moved a suspension of the rule, with a view
to reconsider the vote by which the amendment submitted by himself
in relation to exemptions among the rural population was adopted;
and the question being on agreeing thereto, Mr. Mallory demanded
the previous question; which was sustained by the house; and being
put, was decided in the affirmative.
Mr. Saunders of Campbell, by leave of the house, withdrew the
amendment.
The question being on agreeing to the second resolution as amended,
Mr. Collier demanded the previous question ; which was sustained
by the house ; and. being put, was decided in the affirmative—Ayes
64, noes 21.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bass, Blue, Bouldin, Buford,
Carter, Cazenove, Collier, Crockett, Dabney, R. J. Davis, Dice, Edmunds, Eggleston,
Evans, Fleming, Flood, Franklin, Garrison, Gatewood, George, Gillespie, Gilmer, Gordon,
Grattan, Huntt, Irby, James, Jones, Jordan, Kaufman, Kyle, Laidley, Lundy, Mallory,
Mathews, McCamant, I. E. McDonald, McKinney, Montague, R. E. Nelson, W. G. T.
Nelson, Newton, Prince, Reid, Riddick, Rives, Robertson, P. Saunders, R. 0. Saunders,
Shannon, Sheffey, Staples, Steger, Vermillion, J. L. Wilson, S. Wilson, Woodhouso, Wood¬
son, Woolfolk, Wright and Wynne—64.
Noes—Messrs. Bradford, Clarke, J. D. Davis, Fletcher, Green, Harrison, Hopkins,
Hunter, Johnson, Lockridge, A. W. McDonald, Minor, Pitman, Rowan, Sherrard, Thrush,
Walker, Ward, West, Williams and AVootten—21.
The third resolution was read as follows:
" In each apothecary store now established and doing business,
one apothecary, in good standing, who is a practical druggist, shall
be exempt; also, the public printer and the printer for the state
senate, and such employees as each may certify, on honor, to be in¬
dispensable to the efficient performance of the public printing; also,
one deputy sheriff for every twelve thousand inhabitants of every
county: provided, however, that every county having less than
twelve thousand inhabitants, shall have one deputy sheriff; and one
deputy of every clerk of a court, who may be deemed by the board
incompetent, by reason of physical or mental disability, to discharge
the duties of his office, or ^vho may be absent therefrom in the
public service."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
The fourth resolution was read as follows :
" It shall be competent for the board of exemptions, whenever in
their judgment it may be indispensable for the police and conve¬
nience of the community, to exempt from the performance of mili¬
tary duty, under the proclamation aforesaid, overseers on the farms
HOUSE OF DELEGATES.
269
of widows and orphans, who have heretofore contracted for that ser¬
vice for the present year."
Mr. Dabney moved to amend the fourth resolution, by adding
thereto the following: " All persons engaged in agriculture, whether
proprietors of plantations, or overseers, by draft of whom no white
male person above the age of 21 years will be left on the plantation
and the question being on agreeing thereto, Mr. G-rattan demanded
the previous question ; whidh was sustained by the house; and being
put, was decided in the negative.
The question recurring on agreeing to the fourth resolution, Mr.
Mallory demanded the previous question; which was sustained by
the house; and being put, was decided in the affirmative.
Mr. Baskervill submitted the following as an independent reso¬
lution, to come in after the fourth resolution:
" That whenever the employer and overseer are both called into
the service under the proclamation of the governor, or by reason of
said proclamation, or the previous voluntary enlistment of either, in
that case the board of exemption shall exempt one or the other, as
to them may seem best."
And the question being on agreeing thereto, Mr. Huntt demanded
the previous question ; which was sustained by the house ; and being
put, was decided in the negative.
The fifth resolution was read as follows:
" That the professors of the university of Virginia and other in¬
corporated colleges are hereby declared to be exempt under the said
proclamation." '
Mr. Steger moved to amend the resolution, by inserting after
" colleges," " now in operation."
Mr. Bass moved to amend the amendment, by adding thereto, to
come in after " colleges," the' following : " and in incorporated female
institutions;" and the question being on agreeing thereto, was put,
and decided in the affirmative.
The amendment as amended was then agreed to.
And the question being on agreeing to the resolution as amended,
Mr. Tate demanded the previous question ; which was sustainecLby
the house; and being put, was decided in the affirmative.
Mr. Woodson moved that the vote be taken 011 the 6th, 7th and
8th resolutions collectivelyand the question being on agreeing
thereto, was put, and decided in the affirmative.
The 6th, 7th and 8th resolutions were then read as follows:
"6. Whenever, by these resolutions, any class of employees or
operatives are entitled to exemption on the certificate of other per¬
sons, it shall not be necessary for the applicants to appear in person
before the board ; but the exemption shall be ordered by the board,
on the production of the certificate alone.
" 7. That persons claiming exemptions under these resolutions,
shall be entitled thereto so long only as the militia called out by
the proclamation aforesaid may remain in service, and while such
exempts remain in the employment by reason of which such exemp¬
tion was allowed.
270
JOURNAL OF THE
" S. Nothing in these resolutions shall be construed to apply to,
interfere with, hinder or delay the drntt under the act of February
10th, 1802, to raise the quota of Virginia to the confederate army,
or to impair the effect of the act of February IStb, 1SG2, or any
acts amendatory thereof, in relation to exempts."
And the question being on agreeing thereto, Mr. Grattan de¬
manded the previous question ; which was sustained by the house;
and being put, was decided in the affirmative.
Ordered, that Mr. Bouldin carry the resolutions to the senate, and
request their concurrence in the amendments proposed thereto by
the house of delegates.
The Speaker announced the following committee on the part of
the house to examine and revise the military acts passed during the
present session : Messrs. Hunter, Edmunds, Anderson of Rockbridge,
Buford, and Saunders of Franklin.
A message was received from the senate by Mr. Wiley, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to suspend the work on the Kanawha river, and to
authorize the application of a part of the loan made for that im¬
provement, to keep open the navigation of the James river canal,
and to improve the sluices upon a part of the river, No. 132, with
amendments : in which they respectfully request the concurrence of
the house of delegates.
The Speaker laid before the house a communication from the go¬
vernor, in relation to the military contingent fund; which was or¬
dered to be referred to the committee on military affairs.
On motion of Mr. Mallory, the chair was vacated until 8 o'clock
P. M.
EVENING SESSION.
The amendment proposed by the senate to the resolution in rela¬
tion to the office of second auditor, was taken up and agreed to.
Ordered, that the clerk inform the senate thereof.
No. 1-57. An engrossed bill to incorporate the Bellevue hospital
in the city of Richmond, was taken up, on motion of Mr, Robert¬
son, read a third time and passed. •
Ordered, that the clerk inform the senate thereof.
No. 151. An engrossed bill for an increase of the capital stock of
the Wytheville and Grayson turnpike company, was taken up, on
motion of Mr. Crockett, and on his motion, was laid on the table.
No. 153. A bill to incorporate the York river navigation company,
was taken up, on motion of Mr. Wright, read a second time, and
ordered to be engrossed and read a third time.
No. 144. A bill to place certain volunteer companies, mustered
into service since the 10th day of February .1862, on the same foot¬
ing as companies theretofore in service, and to give counties, cities
and towns furnishing the same, proper credits therefor, with the
HOUSE OF DELEGATES.
271
pending amendment thereto, submitted by Mr. Saunders of Camp¬
bell, was taken up, on motion of Mr. Baskervill; and the question
being o.n agreeing to the amendment, was put, and decided in the
negative.
Mr. Baskervill submitted a substitute for the bill, by way of
amendment; arid the question being on agreeing thereto, was put,
and decided in the negative.
Mr. Sheffey submitted an amendment to the bill; and the ques¬
tion being on agreeing thereto—pending the consideration of which,
On motion of Mr. Wilson of Isle of Wight, the bill and amend¬
ments were laid on the table,
A message was received from the senate by Mr. Collier, who
informed the house of delegates that the senate had agreed to the
1st, 3d and 5th amendments proposed by the house of delegates to
certain joint resolutions concerning exempts, under the proclamation
of the governor of the 10th of March 1862; that they had agrqed
to the 2d and 6th amendments, with amendments; and that they
had disagreed to the 4th and 7th amendments of the house: in
which action of the senate they respectfully requested the concur¬
rence of the house of delegates.
The amendments to the amendments proposed by the senate were
concurred in; and on motions severally made, the house receded
from its amendments disagreed to by the senate.
Ordered, that Mr. Bouldin inform the senate thereof.
On motion of Mr. Bouldin,
Resolved, that the clerk be directed to have the resolutions con¬
cerning exempts published in the papers of the city.
Mr. Wilson of Isle of Wight submitted the following resolution:
Resolved by the general assembly, that the secretary of war be
and he is hereby requested to discharge from service such of the
militia of any county as have been mustered into the service of the
Confederate States prior to and since the proclamation of the gover¬
nor of this commonwealth, dated March 10th, 1862, whenever, he is
satisfied, upon the production of some evidence, as required by the
board provided for in the act of the general assembly, passed Feb¬
ruary 18th, 1862, that they belong to the classes which are, by joint
resolutions of the general assembly, providing who shall be exempt
from militia duty under the call of the governor by the proclamation
aforementioned, declared to be exempt. But such discharge shall
not be construed to exempt such persons from the operation of the
act of the general assembly passed February 10th, 1862.
Pending the consideration of which,
On motion of Mr. Mallory, the house adjourned until to-morrow,
31 o'clock.
272
JOURNAL OF THE
SATURDAY, March .15, 1862.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 14, 1R(L>.
The senate have passed house bills entitled:
An act imposing a tax on dogs in the counties of Alleghany and
Botetourt, No 92.
An act allowing further time to the owners of lots in the town of
Columbia in the county of Fluvanna to build on and improve the
same, No. 8-3.
They have passed with an amendment house bill entitled:
An act for the relief of Joel D. Ashberry, Wescon Lewis and others,
being the officers and crew of the York Spit light vessel, No. 99.
They have concurred in the amendments proposed by the house of
delegates to senate bill entitled :
An act to extend the time for the exercise of certain civil rights
and remedies, No. 68.
They insist on their disagreement to the amendments of the house
of delegates to senate bill entitled :
An act to authorize the use of the jails and poorhouses of the
state by the Confederate States, for the safe keeping of free negroes
arrested by military authority, No. 60.
They have agreed to the amendments of the house of delegates to
resolutions authorizing the governor to receive volunteer companies
from any county or corporation which may have furnished it£ quota
to the confederate army.
In which amendment they respectfully request the concurrence of
the house of delegates.
No. 60. A senate bill entitled an act to authorize the use of the
jails and poorhouses of the state by the Confederate States, for the
safe keeping of free negroes arrested by military authority, to which
amendments had been proposed by the house of delegates, disagreed
to by the senate, insisted on by the house, and the disagreement in¬
sisted upon by the senate, was taken up; and the question being—
Shall the house adhere to its amendments ? was put, and decided in
the negative.
The Speaker announced that by the vote refusing to adhere, the
house had receded from its amendments, and that the bill was passed.
Ordered, that the clerk inform the senate thereof.
The amendment proposed by the senate to house bill entitled an
act for the relief of Joel D. Ashberry, Wescon Lewis and others,
being the officers and crew of the York Spit light vessel, was agreed to.
Ordered, that the clerk inform the senate thereof.
A bill to suspend the work on the Kanawha river, and to autho¬
rize the application of a part of the loan made for that improvement
to keep open the navigation of the James river canal, and to improve
the sluices upon a part of the river, No. 135, with the amendments
HOUSE OF DELEGATES. 273
proposed by the senate, were taken up, and on motion of Mr. Reid,
laid on the table.
Mr. Hunter, from the committee for courts of justice, to whom
had been referred
No. 100. A senate bill concerning the public library, &c., reported
the same with amendments.
On his motion, the bill was taken up, the amendments agreed to,
and the bill as amended read a third time and passed—Ayes 81.
Ayes—Messrs. F. T. Anderson, Baker, Baskcrvill, Bass, Blue, Bouldin, Bradford, Carter,
Cazenove, Clarke, Dnbney, J. D. Davis, R. J. Davis, Dice, Edmunds, Eggleston, Fleming,
Fletcher, Franklin, Garrison, Gatewood, George, Gillespie, Gilmer, Gordon, Grattan, Green,
Harrison, Hopkins, Hunter, Irby, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laid-
ley, Lockridge, Lundy, Mallory, Mathews, McCamant, A. W. McDonald, I. E. McDonald,
McKinney, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton,
Or gain, Pitman, Prince, Reid, Riddiek, Rives, Robertson, Rowan, P. Saunders, R. C.
Saunders, Shannon, Sheffoy, Sherrard, Small, Spady, Staples, Steger, Tate, Thrash, -Ver¬
million, Ward, West, Williams, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten and
Wright-*-81.
Ordered, that Mr. Hunter carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr. Is-
bell, who informed the hguse of delegates that the senate had
agreed to the amendments.
No. 92. A senate bill entitled an act to organize a military con¬
tingent fund, was taken up, on motion of Mr. Newton, read a third
time and passed—Ayes 77.
Ayes—Messrs. J. T. And-crson, F. T. Anderson, Baker, Baskervill, Bass, Blue, Bouldin,
Bradford, Carter, Cazenove, Clarke, Dabney, R. J. Davis, Dice, Edmunds, Eggleston,
Fleming, Fletcher, Franklin, Garrison, George, Gillespie, Gilmer, Gordon, Grattan, Green,
Hopkins, Hunter, Huntt, Irby, James, Johnson, Jones, Jordan, Kaufman, Laidley, Lock,
ridge, Lundy, Mallory, Mathews, McCamant, A. W. McDonald, I. E. McDonald, McKin¬
ney, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Pit¬
man, Prince, Reid, Riddiek, Rives, Robertson, Robinson, Rowan, P. Saunders, R. C-
Sauuders, Shannon, Shetfey, Sherrard, Staples, Steger, Tate, Thrash, Vermillion, Ward.
West, Williams, Woodhouse, Woodson, Woolfolk, Wootten and Wright—77.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Blue,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of directing the auditing board to allow
E. W. Canfield of Hampshire comity reasonable compensation for his
services as instructor of heavy artillery practice at Winchester in
1861.
The resolution submitted by Mr. Wilson of Isle of Wight, pend¬
ing oil the adjournment of the evening session of yesterday, was
taken up and agreed to.
Ordered, that Mr. Wilson carry the same to the senate, and re¬
quest their concurrence.
Mr. Bouldin submitted the following resolution ; which being ob¬
jected to, was laid over under the rule :
Resolved by the general assembly of Virginia, that in counties or
neighborhoods in which the negro population exceeds the white, the
hoards of exemptions authorized by certain acts and resolutions of
the general assembly, passed at the present session, shall have power,
whenever in their judgment it will promote the public interest, and
35
274
JOUllNAL OF THE
be necessary for the good order of the community, to exempt from
military duty, under the proclamation of the governor of the lOtli
instant, the- overseers of persons absent in the public service, on
whose farms there is no white male over IS years of age.
A resolution, heretofore submitted by Mr. Collier, was taken op,
•on motion of Mr. Rives, amended, and as amended agreed to.
The resolution is as follows :
Resolved by the general assembly, that permission be and is
hereby granted to raise a company of riflemen, not less than 100
strong, from the city of Petersburg, provided said company furnish
itself with rifles; and the governor is hereby authorized to receive
the said company into service for the war, as a part of Virginia's
quota, provided said company is tendered to the governor, satisfac¬
torily armed, on or before the 25th of March 1862.
Ordered, that Mr. Rives carry the same to the senate, and request
their concurrence. •
Mr. Prince submitted the following resolution; which being ob¬
jected to, was laid over under the rule:
Resolved, that this h</use will (with the consent of the senate)
adjourn sine die on Friday, 21st instant^at 2 o'clock P. M.
A message was received from the senate by Mr. Wiley, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled -.an act for the relief of savings banks and other corporations of
this commonwealth, and exempting them from the penalties imposed
.by existing laws for the issue of small notes, No. 45 : in which they
.respectfully requested the concurrence of the house of delegates.
No. 105. A senate bill entitled an act to amend the 1st, 7th and
12th sections of an act entitled an act to raise troops to meet the
requisition on Virginia by the president of the Confederate States,
passed February 10th, 1862, being the special order of the day, was
taken up, and on motion of Mr. Robertson, laid on the table.
A message was received from the senate by Mr. Newlon, who in¬
formed the house of delegates that the senate had passed a joint
resolution in relation to the claims of Colonel William J. Willey: in
which they respectfully requested the concurrence of the house of
-delegates.
The resolution was taken up, on motion of Mr. Hunter ; and the
question being on agreeing thereto, was put, with the following re¬
sult—Ayes 72:
Ayes—Messrs.J. T. Anderson, F. T. Anderson, Baskervill, Bass, Blue, Bonldin, Brad¬
ford, Cazenove, Clarke, Dabney, J. D. Davis, R. J. Davis, Dice, Edmunds, Eggleston,
Fleming, Fletcher, Franklin, Gatewood, George, Gilmer, Gordon, Grattau, Green, llarrismi,
Hopkins, Hunter, Huntt, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lockiidyo,
Lundy, Mathews, McCamant, A. W. McDonald, McKinney, Montague, R. E. Nelson, W.
G. T. Nelson, Newton, Orgain, Pitman, Rcid, Rives, Robertson, Robinson, Rowan, B.
Saunders, R. C. Saunders, Shannon, Sheffey, Sherrard, Small, Spady, Steger, Tate, Thrash,
Vermillion, Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson,
Woolfolk, Wootten and Wright—72.
It appearing that no quorum voted, Mr. Green moved a call of
the house ; and the question being on agreeing thereto, was put,
and decided, in .the affirmative.
HOUSE OF DELEGATES.
275
The roll was then called the first and second times, and the fol¬
lowing members noted as absent:
Messrs. Kemper (speaker), Baker, Barbour, Bayse, Booton, Brooks, Buford, Burks, Car¬
penter, Carter, Cecil, J. J. Coleman, H. N. Coleman, Collier, Crockett, Custis, Daniel, Dunn,
Evans, Ewing, Flood, Forbes, Friend, Garrison, Gillespie, Gilmer, Irby, James, Lively,
Lynn, Mallory, McGruder, Mc.Kinney, McLaughlin, Minor, Murdaugh, Newton, Noland,
Payne, Prince, Richardson, Riddick, Rutherfoord, Spady, Staples, Taylor, Thomas, Tonrlin,
Tredway, Tyler, Vaiden, Walker, West, Williams, Worsham and Wynne.
It appearing that only sixty-six members had answered to their
names, the doors were closed by order of the Speaker.
The roll was again called, and the following members excused for
non-attendance:
Messrs. Kemper (speaker), Baker, Barbour, Bayse, Booton, Brooks, Buford, Burks, Cecil,
J. J. Coleman, H. N. Coleman, Crockett, Custis, Daniel, Evans, Ewing, Flood, Forbes,
Gillespie, Lynn, Minor, Murdaugh, Noland, Payne, Tredway and West.
The following members (not excused) were found absent on the
third calling of the roll:
Messrs. Carpenter, Collier, Dunn, Friend, Garrison, Gilmer, Irby, James, Lively, Mallory,
McGruder, McKinney, McLaughlin, Newton, Prince, Richardson, Riddick, Rutherfoord,
Spady, Staples, Taylor, Thomas, Tomlin, Tyler, Vaiden, Walker, Williams, Worsham and
Wynne.
The third calling of the roll having been completed, and it ap¬
pearing that only sixty-six members had answered to their names,
the sergearit at arms was directed by the Speaker to summon absent
members.
Mr. Woolfolkmoved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative—Ayes 20,
noes 47.
On motion of Mr. Robertson, the vote was recorded as follows:
Ayes—Messrs. Blue, Bradford, Gatewood, Hopkins, Johnson, Kaufman, Laidlev, Ma¬
thews, W. G. T. Nelson, Orgain, Pitman, Rives, Robinson, Rowan, Thrash, Vermillion,
Ward, S. Wilson, Woolfolk and Wright—20.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bass, Bopldin, Cazenove,
Clarke, Dabney, J. D. Davis, R. J. Davis, Dice, Edmunds, Eggleston, Fleming, Fletcher,
Franklin, George, Gordon, Grattan, Green, Harrison, Hunter, Huntt, Jones, Jordan, Kyle,
Lockridge, Lundy, McCamant, A. W. McDonald, I. E. McDonald, Montague, R. E. Nelson,
Reid, Robertson, P. Saunders, R. C. Saunders, Shannon, Sheffey, Sherrard, Small, Steger,.
Tate, J. L. Wilson, Woodhouse, Woodson and Wootten—47.
Mr. Grattan submitted the following resolution:
Resolved, that the sergeant at arms be directed to have such mem¬
bers as were not on this day's call excused, and whom he may be
able to summon, at the bar of the house on Monday at 11 o'clock
and the question being on agreeing thereto, Mr. Grattan demanded
the previous question ; which was sustained by the house ; and being
put, was decided in the affirmative.
On motion of Mr. Grattan, the house adjourned until Monday,,
11 o'clock.
276
JOURNAL OF THE
MONDAY, March 17, 1S02.
Prayer by Rev. Dr. Reid of the Presbyterian church.
The sergeant at arms reported that he had executed the summons
of the house directed on Saturday upon the following members, and
that the members were now at ihe bar of the house, viz: Messrs.
Carpenter, McLaughlin, Garrison, Gilmer, James, Mallory, Spudy,
Staples, Taylor, Thomas, Williams, Wynne and McKinney.
For reasons satisfactory to the house, the above named members
were severally excused, upon motions severally made, for non-attend¬
ance on Saturday last.
On motion of Mr. Rives, further proceedings under the call were
dispensed with.
A quorum appearing,
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 15, 18G2.
The senate have passed house bills entitled:
An act declaring a portion of New river a lawful fence, No. 47.
An act for the relief of William T. Fitchett, commonwealth's at¬
torney for the county of Northampton, No. 84.
An act to reorganize the 17th and 28th brigades Virginia militia,
No. 96.
They have passed with an amendment house bill entitled:
An act to incorporate the Bellevue hospital in the city of Rich¬
mond, No. 157.
They have agreed to a resolution in relation to discharges of mili¬
tia mustered into the service of the Confederate States, and a resolu¬
tion concerning a volunteer company in the city of Petersburg.
In which amendment they respectfully request the concurrence of
the house of delegates.
No. 45. A senate bill entitled an act for the relief of savings banks
and other corporations of this commonwealth, and exempting them
from the penalties imposed by existing laws for the issue of small
notes, was read a first and second times, and referred to the commit¬
tee on banks.
The amendment proposed by the senate to bill No. 157, entitled
an act to incorporate the Bellevue hospital in the city of Richmond,
was concurred in.
Ordered, that the clerk inform the senate thereof.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a letter from the adjutant general, in relation to the
execution of the acts of the Sth and 10th of February, on the sub¬
ject of military organization; which was read, and on motion, laid
on the table.
The Speaker laid before the house a communication from the
governor, enclosing the report of A. W. McDonald, commissioner;
which, on motion of Mr. Anderson of Botetourt, was ordered to be
jdaced in the custody of the secretary of the commonwealth.
HOUSE OF DELEGATES.
277
Mr. McCamant, from the committee oil propositions and grievances,
to whom had been committed
No. 46. An engrossed bill entitled a bill declaring a portion of
South Anna river in the county of Hanover a lawful fence, reported
the same with amendments.
Mr. McCamant, from the same committee, presented the following
bills:
No. 159. A bill to incorporate the Fredericksburg insurance com¬
pany.
No. 160. A bill incorporating the Victoria mining and manufac¬
turing company of the county of Louisa.
Mr. Anderson, from the committee on military affairs, to whom
had been referred/
No. 17. A senate bill entitled an act providing payment for horses
taken in the service of the state, reported the same without amend¬
ment.
Mr. Anderson, from the same committee, presented the following
report; which, on his motion, was taken up for consideration : •
The committee on military affairs have had under consideration the
petition of 0. P. Horn, major 4th regiment Virginia militia, referred
to them by the governor of this commonwealth, and in reference
thereto as well as to other claims of a like character, submit the fol¬
lowing resolution :
Resolved, in the opinion of the general assembly of Virginia, that
when the officers of the Virginia militia have been called into ser¬
vice, and have been mustered into the service of the Confederate
States, and have actually performed the service required of them,
they are entitled to the same pay as officers of the same rank in the
volunteer service ; and if such pay shall be refused them by the Con¬
federate States, the state of Virginia is legally and equitably bound
for the same, and such payment by the state ought to be a charge
against the Confederate States.
Mr. Hunter moved to amend the resolution, by striking out all
after the word " resolved," and inserting in lieu thereof the following:
" That the committee on military affairs be instructed to open
communication with the confederate congress, with a view to obtain
from that body such additional legislation as may be required in
ordei* to the payment of the Virginia militia engaged in the service
of the Confederate Statesand the question being on agreeing
thereto, was put, and decided in the affirmative.
The question being on agreeing to the resolution as amended, was
put, and decided in the affirmative.
Mr. Edmunds, from the joint committee on the library, presented
a report; which, on his motion, was laid on the table and ordered to
be printed. Hoc. No. 65.
Mr. Robertson, from the committee on banks, presented a report
upon the petition of the stockholders and directors of the Roanoke
savings bank; the petition of the stockholders of the Buchanan
savings bank; petitions of citizens of Prince Edward; a resolution
enquiring into the expediency of allowing savings banks to issue
278
JOURNAL OF THE
small notes; a resolution of enquiry as to the expediency of autho¬
rizing the Franklin savings hank to issue small notes—with a recom¬
mendation that the bill heretofore reported by the committee oti
banks, upon the subject of penalties and forfeitures for issuing small
notes, should pass, and that the committee be discharged from the
further consideration of said petitions and resolutions.
Mr. Robertson, from the same committee, presented an adverse
report to the petition to incorporate the Bank of Commerce of the
city of Richmond.
Mr. Anderson of Botetourt submitted the following resolution :
Resolved by the general assembly of Virginia, that the board of
exemptions of Henrico county be authorized to exempt from the call
under the proclamation of the governor of the 10th instant, the fol¬
lowing named person, viz: James 0. Keef, superintendent of Holly¬
wood cemetery.
Mr. Robertson moved to amend the resolution, by striking out
the whole thereof, and inserting the following:
" Resolved by the general assembly of Virginia, that the governor
be and is hereby authorized, in furtherance of the objects of the act
of the 18th February 1862, and the resolutions of the 14th instant,
of this legislature, to relieve from the operation of bis proclamation
of the 10th instant, concurrently with the boards of exemption, all
cases enumerated in said act and resolutions; and also all cases
embraced in the spirit of the said act and resolutions, which the
necessities of the public service or exigencies of a private nature
may urgently require to be relieved."
And the question being on agreeing thereto, was put, and decided
in the negative.
The question recurring on agreeing to the resolution, was put, and
decided in the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Edmunds, the 13th rule, which prohibits the
speaker from calling a member to the chair for a period longer than'
three days, was suspended until further order.
The joint resolution in relation to the claims of Col. William J.
Willey, being the unfinished business of Saturday, was taken up;
and the question being on agreeing thereto, was put, and decided in
the affirmative—Ayes 84.
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bass, Bavse, Blue, Bouldin,
Bradford, Carpenter, Cazenove, Cecil, Clarke, Dabney, J. D. Davis, R. J. Davis, Dice,
Edmunds, Eggleston, Fleming, Fletcher, Franklin, Garrison, Gatevvood, George, Gillespie,
Gilmer, Grattan, Green, Harrison, Hopkins, Hunter, Irby, James, Johnson, Jones, Jordan,
Kaufman, Kyle, Laidley, Lockridge, Lundy, Lynn, Mallow, Mathews, McCumant, A. W.
McDonald, I. E. McDonald, McKinney, McLaughlin, Minor, Montague, Mardaugh, R. E.
Nelson, W. G. T. Nelson, Orgain, Pitman, Reid, Rives, Robertson, Robinson, Rowan, P.
Saunders, R. C. Saunders, Shannon, Sheffev, Sherrard, Small, Spady, Staples, Steger, Tntl^
Taylor, Thomas, Thrash, Vermillion, Ward, West, J. L. Wilson, S. Wilson, Woodhou.se,
Woollblk, Wootten, Wright and Wynne—84.
A message was received from the senate by Mr. Collier, who
informed the house of delegates that the senate had passed a joint
HOUSE OF DELEGATES.
279
resolution exempting clerks of district courts: in which they respect¬
fully requested the concurrence of the house of delegates.
No. 132. A bill entitled an act to suspend the work on the
Kanawha river, and to authorize the application of a part of the
loan made for that improvement to keep open the navigation of the
James river canal, and to improve the sluices upon a part of the
river, with the substitute thereto propose'd by the senate, by way of
amendment, was taken up, on motion of Mr. Anderson of Rock¬
bridge ; and the question being on agreeing to the substitute pro¬
posed by the senate, the roll was called, with the following result—
Ayes 73, noes 11:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bass, Bayse, Blue, Bradford,
Carpenter, Cazenove, Dabney, J. D. Davis, R. J. Davis, Dice, Eggleston, Fleming,
Fletcher, Franklin, Garrison, Gatevvood, George, Gillespie, Gilmer, Grattan, Harrison, Hop¬
kins, Hunter, Irby, James, Johnson, Jordan, Kaufman, Kyle, Laidley, Lockridge, Lundy,
Lynn, Mallory, Mathews, McCamant, A. W. McDonald, I. E. McDonald, McKinney,
McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Pit¬
man, Reid, Robertson, Robinson, Rowan, Rutherfoo^d, P. Saunders, R. C. Saunders, Shef-
fey, Sherrard, Small, Staples, Steger, Tate, Taylor, Thomas, Thrash, J. L. Wilson, S. Wilson,
Woodhouse, Woodson, Woolfolk, Wootten and Wynne—73.
Noes—Mcssis. Cecil, Clarke, Edmunds, Green, Jones, Rives, Shannon, Spady, Vermil¬
lion, Ward and West—11.
Seventy-seven members not having voted in favor of the substitute,
the Speaker announced the substitute rejected.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Wilson of Isle of Wight,
Resolved, that the clerk of the house be directed to have published
in the newspapers of the city the joint resolution in relation to dis¬
charges of militia mustered into the service of the Confederate States.
On motion of Mr. Woodson,
Resolved, that a special committee of this house be appointed to
consider the expediency of incorporating a savings bank in Harrison¬
burg in the county of Rockingham.
The Speaker announced the following committee: Messrs. Wood¬
son, Carpenter and McLaughlin.
Mr. West submitted the following resolution :
Resolved, that this house after to-day meet at 10 o'clock A. M.;
which being objected to, was laid over under the rule.
On motion of Mr. Lockridge,
Resolved, that a special committee of three be appointed by the
chair, with leave to report a bill authorizing the trustees of the Oak
grove church in the county of Pocahontas to sell and convey a por¬
tion of the ground belonging to said church.
The Speaker announced the following committee : Messrs. Lock¬
ridge, Fleming and Mathews.
A joint resolution this day communicated from the senate, exempt¬
ing clerks of district courts, was taken up, on motion of Mr. Ruth-
erfoord, and agreed to.
On motion of Mr. Wilson of Isle of Wight, the house adjourned
until to-morrow, 11 o'clock.
280
journal of the
TUESDAY, March IS, 1S62.
Prayer by Rev. Mr. Conwell of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 17, 1s(j2.
The senate have passed bills entitled:
An act to redress loyal citizens injured by the exercise of usurped
power, No. 51.
An act authorizing the auditor of public accounts to suspend the
institution of legal proceedings against sheriffs in certain counties,
No. 102.
In which they respectfully request the concurrence of the house
of delegates.
. No. 51. A senate bill entitled an act to redress loyal citizens in¬
jured by the exercise of usurped power, was read a first and second
times, and on motion, referred to the committee for courts of justice.
No. 102. A senate bill entitled an act authorizing the auditor of
public accounts to suspend the institution of legal proceedings
against sheriffs in certain counties, was read a first and second times,
and on motion, was referred to the committee on finance.
Mr. Montague, from the joint committee on the penitentiary,
presented a report; which, on his motion, was laid on the table and
ordered to be printed. Doc. No. 66.
Mr. Spady, from the committee on bonds of public officers, pre¬
sented a report; which, on his motion, was laid on the table and
ordered to be printed. Doc. No. 67.
Mr. Rutherfoord, from the committee for courts of justice,
presented
No. 161. A bill for the relief of the jailor of Richmond city.
Mr. Fleming, from a special committee, presented
No. 162. A bill authorizing the trustees of Oak grove church to
sell and convey projaerty; which was read a first time, and two-
thirds concurring, was read a second time, and ordered to be en¬
grossed and read a third time. *
On motion of Mr. Bouldin, leave .of absefice was granted him for
the remainder of the session.
On motion of Mr. Steger,
Resolved, that the governor of this commonwealth be requested
to inform this house what progress has been made in the execution
of the act passed by the general assembly on February 10th, 1802,
entitled an act to raise troops to meet the requisition on Virginia by
the president of the Confederate States.
Mr. Robertson, from the committee on banks, to whom had been
referred
No. 45. A senate bill entitled an act for the relief of savings
banks and other corporations of this commonwealth, and exempting
them from the penalties imposed by existing laws for the issue of
small notes, reported the same with amendment.
HOUSE OF DELEGATES.
281
Subsequently, the amendment was agreed to, and as amended was
read a third time and passed-—Ayes 48, noes 33.
Ayes—Messrs. J. T.Anderson, F. T-Anderson, Bass, Blue, Bradford, Buford, Cazenove,
J. D. Davis, R. J. Davis, Dice, Edmunds, Eggleston, Evans, Friend, Garrison, Gatewood,
Giluier, Grattan, Hopkins, Hunter, Huntt, Irby, Jones, Kaufman, Lundy, Mathews, A. W.
McDonald, McKinney, McLaughlin, R. E. Nelson, W. G. T. Nelson, Newton, Pitman,
Reid, Robertson, Rutherfoord, P. Saunders, Sheffey, Staples, Steger, Thrash, Tyler, Ward,
Williams, S. Wilson, Woodhouse, Woodson and Wynne—48.
Noes—Messrs. Kemper (speaker), Bayse, Carpenter, Cecil, Clarke, Ewing, Fleming,
Franklin, George, Gillespie, Green, Harrison, Johnson, Jordan, Kyle, Lockridge, Mallory,
McCamant, I. E. McDonald, Minor, Orgain, Rives, Robinson, Rowan, Shannon, Small,
Sherrard, Tate, Vermillion, West, J. L. Wilson, Woolfolk and Wootten—33.
The report of the committee for courts of justice, as to the num¬
ber constituting a majority elected to each house of the general
assembly, was taken up, on motion of Mr. Hunter ; and the ques¬
tion being on agreeing to the first resolution of the committee, Mr..
Fleming moved to amend the resolution, by substituting therefor
the following resolution, reported by the minority of the committee:
"Resolved, that under existing circumstances, it requires the con¬
currence of 77 members of this house voting in the affirmative, to
give to any act designated iif the 26th section of article 4 of the
constitution of Virginia, the force of a law."
And the question being on agreeing thereto, was put, and decided
in the negative—Ayes 29, noes 58.
On motion of Mr. Edmunds, the vote was recorded as follows:
Ayes—Messrs. Bouldin, Buford, Carpenter, Cazenove, Edmunds, Evans, Fleming, Gar¬
rison, Grattan, Green, Harrison, Irby, Johnson, Jones, Lundy, Mallory, A. W. McDonald,
McKinney, R. E. Nelson, W. G. T. Nelson, Orgain, Rives, Sheffey, Spady, Tate, West, J.
L. Wilson, Woodson and Wootten—29.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Bass, Bayse, Blue, Bradford, Cecil,
Clarke, J. D. Davis, R. J. Davis, Dice, Eggleston, Ewing, Franklin, Friend, Gatewood,
George, Gillespie, Gilmer, Hopkins, Hunter, James, Jordan, Kaufman, Kyle, Lockridge,
Lynn, Mathews, McCamant, I. E. McDonald, McLaughlin, Minor, Montague, Murdaugh,
Newton, Pitman, Reid, Robertson, Robinson, Rowan, Rutherfoord, P. Saunders, R. C.
Saunders, Shannon, Small, Sherrard, Staples, Steger, Thomas, Thrash, Tyler, Vermillion,
Ward, Williams, S. Wilson, Woodhouse, Woolfolk and Wynne—58.
The question recurring on agreeing to the first resolution of the
committee, was put, and decided in the affirmative—Ayes £?8, noes 31.
On motion of Mr. Harrison, the vote was recorded as follows:
A\tes—Messrs. J. T. Anderson, F. T. Anderson, Bass, Bayse, Blue, Bradford, Cecil,
Clarke, Dabney, J..D. Davis, R. J. Davis, Dice, Eggleston, Ewing, Franklin, Friend,
Gatewood, George, Gillespie, Gilmer, Hopkins, Hunter, James, Jordan, Kaufman, Kyle,
Lockridge, Lynn, Mathews, McCamant, I. E. McDonald, McLaughlin, Minor, Montague,
Murdaugh, Newton, Pitman, Reid, Robertson, Robinson, Rowan, Rutherfoord, P. Saunders,
R. C. Saunders, Shannon, Sherrard, Small, Staples, Steger, Thomas, Thrash, Tyler, Ver¬
million, Ward, Williams, S. Wilson, Woodhouse and Wynne—58.
NoEs—Messrs. Kemper (speaker), Bouldin, Buford, Carpenter, Cazenove, Edmunds,
Evans, Fleming, Garrison, Grattan, Green, Harrison, Huntt, Johnson, Jones, Lundy, Mal-
. lory, A. W. McDonald, McKinney, R. E. Nelson, W. G. T. Nelson, Orgain, Riddick, Rives,
Sheffey, Spady, Tate, West, J. L. Wilson, Woodson and Wootten—31.
The question being on agreeing to the second resolution, was put,
and decided in the affirmative—Ayes 58, noes 30.
On motion of Mr. Mallory, the vote was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Bayse, Blue, Bradford, Cecil, Clarke,
Dabney, J. D; Davis, Dice, Eggleston, Ewing, Franklin, Friend, Gatewood, George, Gil¬
lespie, Gilmer, Green, Hopkins, Hunter, Irby, James, Jordan, Kaufman, Kyle, Lynn,
Mathews, McOamant, A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Montague,
36
282
JOURNAL OF THE
Murdangh, Nowton, Fitman, Reid, Robertson, Robinson, Rowan, Rutherfoord, P. PuniKli'rs,
R. C. Saunders, Shannon, Sherrurd, Small, Staples, Thomas, Thrash, Tyler, Vermillion,
Ward, Williams, S. Wilson, Woodhouse, Woolfolk and Wynm—,r)H.
Noes—Messrs. Kemper (speaker), Bouldin, lhiford, Carpenter, Cazenove, R. J. Hum's,
Edmunds, Evans, Fleming, Garrison, Grattan, Harrison, Huntt, Johnson, Jones, Lumly,
Mallory, McKinney, R. E. Nelson, W. G. T. Nelson, Orgain, Riddick, Rives, SheH'ey,
Spady, Steger, Tate, West, J. L. Wilson, Woodson and Wootten—30.
The question being on agreeing to the preamble, was put, and
decided in the affirmative.
The preamble and resolutions as agreed to are as follows:
Whereas it is prescribed by the 8th, 12th, 22d and 2Gth sections
of the 4th article of the constitution, that in certain specified cases
the will of the general assembly shall only be determined by the
concurrence of different fractional parts, therein named, of the whole
number of members elected to each house; and whereas this house,
being, by the 9th section of the same article, invested with exclusive
jurisdiction to judge of the election, qualification and returns of its
members, has declared that\ vacancies exist in the representation of
the counties of Ohio, Preston, Monongalia, Harrison, Marion, Ka¬
nawha, Brooke, Hancock, Marshall, Wetzel, Taylor, Upshur, Lewis,
Wood, Putnam and Mason, and from the election districts composed
of the counties of Ritchie and Pleasants, Doddridge and Tyler, Jack¬
son and Roane, and Randolph and Tucker: And whereas, in conse¬
quence of the occupation of said counties by the public enemy, it
has been and is impracticable to fill these vacancies, by issuing writs
of election in the mode prescribed by the constitution, and this house
has determined not to fill said vacancies under the authority con¬
ferred by ordinance No. 95 of the convention, so that there are now
no members of this body, and may be none during the present ses¬
sion, from any of the counties above named, by reason whereof the.
number of " members elected" to this house is reduced from one
hundred and fifty-two to one hundred and twenty-six: Therefore,
1. Resolved, that this house hereby declares that the whole number
<of its " members elected," in the true intent and meaning of the Stli,
12th, 22d'and 26th sections of the 4th article of the constitution, to
be one hundred and twenty-six, and that, " under existing circum¬
stances," and until the farther action of this body, a vote of seventy-
six members is to be regarded as the three-fifths required under the
said 8th section ; that a vote of eighty-four members constitutes the
two-thirds required under the said 12th section ; and that a vote of
sixty-four members is the majority required under said 22d and 20th
sections of said 4th article.
2. Resolved further, that it is the true intent and meaning of the
8th section of the 4th article of the constitution, that a majority of
each house, constituting a quorum to do business, shall be a majority
of the members of each house; and this house having, in the exer¬
cise of its exclusive jurisdiction to judge of the election, qualifica¬
tion and returns of its members, determined that the whole number
of members of the present house of delegates is one hundred and
twenty-six, a majority of said number now constitutes a quorum to
do business.
HOUSE OF DELEGATES. 283
A message was received from the senate by Mr. Johnson, who in¬
formed the house of delegates that the senate insisted on their
amendments to house bill entitled an act to suspend the work on the
Kanawha river, and to authorize the application of a part of the
loan made for that improvement, to keep open the navigation of the
James river canal, and to improve the sluices upon a part of the
river, Mo. 1.32.
Subsequently, on motion of Mr. Anderson of Botetourt, the bill
and amendments.were taken up.
Mr. Anderson moved that the house recede from* its disagree¬
ment to the senate's amendments; and the question being on agree¬
ing thereto, the roll was called, with the following result—Ayes 67,
noes 13:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Bass, Bayse, Blue,
Bradford, Buford, Carpenter, Cazenove, Dabney, J. D. Davis, R. J.Davis, Dice, Eggleston,
Evans, Ewing, Friend, Garrison, Gatewood, George, Gillespie, Gilmer, Green, Hopkins,
Hunter, Irby, James, Jordan, Kyle, Loekridge, Lynn, McCamant, A. W. McDonald, I. E.
McDonald, McKinney, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Pitman,
Reid, Riddick, Robertson, Rowan, Rutlierfoord, P. Saunders, R. C. Saunders, Shannon,
Sheffey, Sherrard, Small, Staples, Steger, Tate, Thrash, Tyler, Ward, Williams, J. L.
Wilson, S. Wilson, Woodhouse, Woodson, Wooll'olk, Wootten and Wynne—67.
Noes—Messrs. Clarke, Edmunds, Franklin, Harrison, Johnson, Jones, Lundy, Mallory,
Orgain, Rives, Spady, Vermillion and West—13.
More than 64 members having voted in favor of the motion, the
Speaker announced, under the resolution of the house, this day
adopted, that the house had receded from its disagreement to the
amendments of the senate, and that the amendments were agreed to.
Ordered, that the clerk inform the senate thereof.
A message was received from the senate by Mr. Collier, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to provide for the trial of persons charged with offences
committed in counties in possession of the enemy, or threatened
with immediate invasion, Mo. Ill; and a bill entitled an act mak¬
ing an appropriation to the civil contingent fund, Mo. 117.
"Which said last mentioned bill was taken up, on motion of Mr.
Edmunds, read a first and second times, and on his motion, read a
third time and passed—Ayes 78.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Bass, Bayse, Blue,
Bradford, Buford, Carpenter, Cazenove, Cecil, Clarke, Dabney, J. D. Davis, R. J. Davis,
Dice, Edmunds, Eggleston, Evans, Ewing, Franklin, Garrison, Gatewood, George, Gilles¬
pie, Gilmer, Green, Harrison, Hopkins, Hunter, Huntt, Irby, James, Johnson, Jordan,'
Kaufman, Kyle, Lundy, Mallory, McCamant, A. W. McDonald, I. E. McDonald, McKin¬
ney, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Pitman, Reid, Rid¬
dick, Rives, Robertson, Rowan, Rutlierfoord, P. Saunders, R. C. Saunders, Shannon, Shef¬
fey, Small, Sherrard, Spady, Staples, Steger, Tate, Thrash, Vermillion, Ward, West, Wil¬
liams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten and Wynne—78.
Ordered, that the clerk inform the senate thereof.
Mo. 130. An engrossed bill to pay John Kelley, surviving partner
of Kelley & Larguey, the amount of a judgment of the circuit court
of the city of Richmond against the board of public, works, was
taken up, on motion of Mr. Woolfolk, read a third time and
passed—Ayes 79, noes 2.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Bass, Bayse, Blue,
Bradford, Buford, Carpenter, Cazenove, Clarke, Dabney, J. D. Davis, R. J. Davis, Dice,
284
JOURNAL OF THE
Eg-glestcm, Ewing, Fleming, Franklin, Friend, Garrison, Gatevrood, George, Gillespie, Gil¬
mer, Grattan, Green, Hopkins, Hunter, Huntt, Irby, James, Johnson, Jones, Jordan, Kyle,
Lundy, Lynn, Mallory, Mathews, "MeOumant, A. W. MeDonuld, I. E. McDonald, MeKin-
ney,'McLaughlin, Minor, Montague, W. G. T. Nelson, Newton, Orguin, Pitman, Raid, Jiid-
diek, Robertson, Robinson, Rowan, Ruthert'oord, P. Saunders, R. G. Saunders, Shannon,
Sheffev, Small, Sherrard, Spady, Staples, Stege.r, Tate, Thomas, Thrash, Tyler, Yennillion,
Ward, Williams, S. Wilson, Woodhouse, Woodson, Wooltblk, Wootten and Wynne—71).
Noes—Messrs. Edmunds and Rives—2.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
' Mr. Lockeidge submitted a resolution ; which, on motion of Mr.
James, was amended, and as amended agreed to.
The resolution is as follows :
Resolved by the general assembly of Virginia, that one master
machinist, one master spinner and one master carder engaged in the
manufacture of cotton and woolen yarn, shall be exempt from mili¬
tary duty, under the proclamation of the governor of the 10th of
March 1862.
Ordered, that Mr. James carry the same to the senate, and request
their concurrence.
On motion of Mr. Bayse,
Resolved, that leave be given to bring in a bill to amend the first
section of an act passed March 29, 1858, entitled an act concerning
ferries in the counties of Russell and Wise.
The Speaker announced the following committee : Messrs. Bayse,
Wynne and Ewing.
Subsequently, Mr. Bayse, 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. 164. A bill to amend the first section of an act passed March
29, 1858, entitled an act concerning ferries in the counties of Russell
and Wise.
On motion of Mr. Rives,
Resolved, that the committee on military affairs enquire into the
■expediency of reporting" a hill requiring the white male population
over-sixteen years of age in the rural districts, and not in the military
service, to perform patrol or police duty.
On motion of Mr. Bass,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of providing by law for the proper
course to be pursued, where persons drafted into service for the war,
or where called out under the proclamation of the governor, shall
refuse to be mustered into service, and report as early as practicable.
No. 9. A bill to suspend sales and legal proceedings in certain
cases, and to repeal an ordinance entitled an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1861, by the convention
of Virginia, with the pending amendments thereto, heretofore sub¬
mitted, was taken up, on motion of Mr. Hunter.
Mr. Bradford moved the indefinite postponement of the bill and
amendments; and the question being on agreeing thereto, was put,
and decided in the negative—Ayes 29, noes 51.
HOUSE OF DELEGATES.
On motion of Mr. Bradford, the vote was recorded as follows:
Ayes—Messrs. Bradford, Clarke, J. D. Davis, Edmunds, Eggleston, Gillespie, Green,
Johnson, Jordan, Kaufman, Kyle, Mallory, MeCamant, A. W. McDonald, McLaughlin, R.
E. Nelsou, Newton, Orgain, Robinson, Rowan, R. C. Saunders, Shannon, Small, Sherrard,
Thrash, Vermillion, J. L. Wilson, Woodhouse and Wootten—29.
Noes—Messrs. Kemper (speaker), F. T. Anderson, Bass, Bayse, Blue, Buford, Oaze-
nove, Cecil, Dabney, R. J. Davis, Dice, Evans, Ewing, Franklin, Friend, Garrison, George,
Gilmer, Harrison, Hopkins, Hunter, ITuntt, Irby, James, Jones, Lockridge, Lundy, Ma¬
thews, McKiuney, Minor, Montague, W. G. T. Nelson, Pitman, Reid, Riddick, Robertson,
Rutherfoord, P. Saunders, Sheffev, Spady, Staples, Steger, Tate, Tyler, Ward, West, Wil¬
liams, S. Wilson, Woodson, Woolfolk and Wynne—51.
Pending the further consideration of the bill and amendments, the
house adjourned until to-morrow, 11 o'clock.
WEDNESDAY, March 19, 1862.
Prayer by Rev. Dr. Read of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 18, 1862.
The senate have disagreed to the joint resolution from the house
of delegates exempting the superintendent of Hollywood cemetery
from the call under the proclamation of the governor of the 10th
March 1S62.
The following senate bill was read a first and second times, and on
motion referred to the committee for courts of justice:
No. 111. A bill to provide for the trial of persons charged with
offences committed in counties in possession of the enemy, or
threatened with immediate invasion.
Mr. Newton, from the committee on finance, to whom had been
referred the following senate bills, reported the same without amend¬
ment :
No. 94. A senate bill entitled an act to relieve the sureties of
Robert Chambers, late sheriff of Boorie county.
No. 102. A senate bill entitled an act authorizing the auditor of
public accounts to suspend the institution of legal proceedings
against sheriffs in certain counties.
Mr. Newton, from the same committee, presented an adverse re¬
port to a resolution enquiring into the expediency of refunding a
sum of money to William Rock of Botetourt county.
Mr. Woodson, from a special committee, presented the following
bill:
No. 16-5. A bill to incorporate the Rockingham savings bank in
the county of Rockingham; which, on his motion, was read a first
and second times, and on motion of Mr. Robertson, laid on the
table.
On motion of Mr. James,
Resolved, that the committee on military affairs report to this
house what legislation, if any, is necessary to enable Virginia to re-
286
journal of the
ceive the proper credit for the military force now being raised by re¬
cruiting officers throughout the state, and by officers acting under
authority of the secretary of war.
On motion of Mr. Sheffey,
Resolved, that a select committee be appointed to enquire into the
expediency of amending the 63d ordinance of the convention of Vir¬
ginia, authorizing banks to change their places of business.
The Speaker announced the following committee, under said reso¬
lution : Messrs. Sheffey, Robertson and Gilmer.
Subsequently, Mr. Sheffey, from the committee, presented the
following bill:
No. 166. A bill to amend and re-enact the 63d ordinance ©f the
convention authorizing banks to change their places of business.
The Speaker presented the following communication from Mr.
John J. Coleman ; which was read, and on motion of Mr. Bradford,
laid on the table :
Monroe County, Va., March 7, lSGii.
Sir :
The condition of my family makes it my duty to resign
my seat in the house of delegates of Virginia. You will please
communicate my resignation to that body, and ask that it may be
received.
I am, respectfully,
Your ob't serv't,
John J. Coleman.
Hon. J. L. Kemper,
Speaker House of Delegates of Va.
No. 162. An engrossed bill authorizing the trustees of Oak grove
church in the county of Pocahontas to sell and convey property, was
taken up, on motion of Mr. Lockridge, read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
• No. 46. An engrossed bill declaring a portion of South Anna river
r lawful fence, was taken up, on motion of Mr. Taylor, amended,
and as amended, 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.
Ordered, that Mr. Taylor carry the same to the senate, and re¬
quest their concurrence.
The following engrossed bills were read a third time and passed:
No. 110. An engrossed bill to amend and re-enact the eighth sec¬
tion of chapter one hundred and fifty-one of the Code of Virginia,
so as to provide an indemnity to officers levying attachments.
No. 111. An engrossed bill extending the time for sheriffs and
other collectors to distress for taxes and arrears of taxes.
No. 112. An engrossed bill to amend the second section of the
act incorporating the Thorn rose cemetery at Staunton.
No. 113. An engrossed bill to compensate Samuel S. Bryant for
HOUSE OF DELEGATES.
287
certain services as prosecutor in the hustings court of Danville—
Ayes 83, no 1.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Barbour, Bass, Bayse, Blue, Booton,
Bradford, Buford, Cazenove, Cecil, Clarke, Crockett, Custis, J. D. Davis, R. J. Davis,
Dice, Edmunds, Eggleston, Evans, Ewing, Fleming, Flood, Franklin, Garrison, Gate-
wood, George, Gillespie, Gilmer, Green, Harrison, Hopkins, Hunter, Huntt, Irby, James,
Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lockridge, Lundy, Lynn, Mallory, Ma¬
thews, A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Montague, Murdaugh, R.
E. Nelson, W. G. T. Nelson, Newton, Orgain, Pitman, Reid, Riddick, Rives, Robertson,
Robinson, Shannon, Sheffey, Small, Sherrard, Staples, Tate, Taylor, Thrash, Tyler, Vai-
den, Vermillion, Ward, West, Williams, J. L.Wilson, S.Wilson, Woodhouse, Woodson,
Wootten and Worsham—83.
No—Mr. P. Saunders—1.
No. 114. Au engrossed bill for the relief of Robert Cooke—
Ayes 83.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, Bass, Bayse, Blue, Booton, Bradford,
Buford, Cecil, Clarke, Crockett, Custis, Dabney, J. D. Davis, Dice, Edmunds, Eggleston,
Evans, Ewing, Fleming, Flood, Franklin, Garrison, Gatewood, George, Gillespie, Gilmer,
Grattan, Green, Hopkins, Hunter, Huntt, Irby, James, Johnson, Jones, Jordan, Kaufman,
Kyle, Laidley, Lockridge, Lundy, Lynn, Mallory, Mathews, McCamant, A. W. McDonald,
I. E. McDonald, McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nel¬
son, Newton, Orgain, Pitman, Reid, Riddick, Rives, Robertson, Robinson, Rowan, Ruther-
foord, Shannon, Sheffey, Small, Sherrard, Staples, Tate, Thrash, Tyler, Vaiden, Vermillion,
Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Wootten and Wor¬
sham—83.
No. 117. Au engrossed bill to pay to George Cooper a certain sum
of money for services as clerk of the 115th regiment of militia—
Ayes 82, no 1.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Barbour, Bass, Bayse,
Blue, Bradford, Carpenter, Cazenove, Cecil, Crockett, Custis, Dabney, J. D. Davis, Dice,
Edmunds, Eggleston, Evans, Ewing, Fleming, Flood, Franklin, Garrison, Gatewood,
George, Gillespie, Gilmer, Green, Hopkins, Hunter, Irby, James, Johnson, Jones, Jordan,
Kyle, Laidley, Lockridge, Lundy, Mallory, Mathews, McCamant, A. W. McDonald, I. E.
McDonald, McLaughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson,
Newton, Orgain, Pitman, Reid, Richardson, Riddick, Rives, Robertson, Robinson, Rowan,
Rutherfoord, P. Saunders, Shannon, Sheffey, Sherrard, Small, Staples, Tate, Taylor, Thrash,
Tyler, Vaiden, Vermillion, Ward, Williams, J. L. Wilson, S. Wilson, Woodson, Woolfolk,
Wootten and Worsham—82.
No—Mr. West—1.
No. 119. An engrossed bill releasing a lien to the Richmond and
Petersburg rail road company—Ayes 73, noes 8.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Bass, Blue, Bradford,
Buford, Carpenter, Cazenove, Cecil, Clarke, Crockett, Custis, Dabney, R. J. Davis, Dice,
Eggleston, Ewing, Fleming', Flood, Franklin, Garrison, Gatewood, George, Gillespie, Grat¬
tan, Green, Hopkins, Hunter, Irby, James, Johnson, Jones, Jordan, Kyle, Laidley, Lock¬
ridge, Lundy, Lynn, Mallory, Mathews, McCamant, A. W. McDonald, McLaughlin, Mon¬
tague, R. E. Nelson, W. G. T. Nelson, Orgain, Pitman, Riddick, Rives, Robertson, Robinson,
Rowan, Rutherfoord, R. C. Saunders, Sheffey, Sherrard, Small, Spady, Staples, Tate, Taylor,
Thrash, Tyler, Williams, S. Wilson, Woodhouse, Woodson, Woolfolk, Wootten and Wor¬
sham—73.
Noes—Messrs. Edmunds, Harrison, Minor, Reid, P. Saunders, Vaiden, Vermillion and
West—8.
No. 126. An engrossed bill concerning the sinking fund.
No. 127. An engrossed bill for the relief of Wilson Hix, sheriff of
Appomattox county.
Mr. Flood submitted a ryder to tlie bill; 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—Ayes 75, noes 9.
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Baskervill, Bass, Blue, Booton, Brad¬
ford, Buford, Carpenter, Cazenove, Cecil, Clarke, Crockett, Custis, Dabney, R. J. Davis,
288
JOURNAL OF THE
Dice, Eggleston, Evans, Ewing, Fleming, Flood, Franklin, CJarrinon, Gaiew< ml, George,
Gillespie, Green, Harrison, Huntt, Irby, James, Johnson, Jones, Jordan, Kyle, Lockriilgo,
Lundy, Lynn, Mallory, Mathews, McCamant, A. \V. McDonald, I. 12- McDonald, Mc¬
Laughlin, Minor, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Orgain,
Pitman, Reid, Riddick, liives, Rowan, Rutherfoord, Shannon, Sheil'ey, Small, Sherraril,
Spatly, Staples, Tate, Thrash, Tyler, Vaiden, Ward, Williams, S. Wilson, Woodhouse,
Woodson, Woolfolk and Wootten—75.
Noes—Messrs. Barbour, Bayse, Edmunds, Friend, Grattan, llunter, P. Saunders, R. C.
kSaunders, Vermillion and West—9.
No. 129. An engrossed bill for the relief of Archibald M. Dre\v~
Ayes 73, noes 8.
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bayse, Blue, Booton, Rmd-
ford, Carpenter, Cazenove, Cecil, Clarke, H. N. Coleman, Crockett, Custis, Palme), R. J.
Davis, Dice, Edmunds, Eggleston, Evans, Ewing, Fleming, Flood, Franklin, Gatewoed,
George, Gillespie, Gilmer, Harrison, Hunter, Huntt, Irby, James, Johnson, Jones, Jordan,
Kaufman, Kyle, Laidley, Lockridge, Lundy, Lynn, Mallory, Mathews, McCamant, A. W.
McDonald, I. E. McDonald, McLaughlin, Montague, Murdaugh, R. E. Nelson, W. 0. T.
Nelsop, Newton, Orgain, Pitman, Reid, Riddick, Rives, Rowan, Rutherfoord, Shannon,
Sheffey, Small, Sherrard, Spady, Staples, Tate, Thrash, Tyler, Vaiden, Ward, J. L. Wilson,
S. Wilson, Woodhouse and Woolfolk—75.
Noes—Messrs. Bass, Garrison, Grattan, Minor, P. Saunders, Vermillion, West and Woot¬
ten—8.
No. 104. An engrossed bill appropriating money for the construc¬
tion of a road from Marlin's Bottom in Pocahontas county to the
salt works in Braxton county.
Mr. Sheffey 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 read a third time and passed—Ayes 81, noes 11.
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Barbour, Baskervill,
Bass, Blue, Bradford, Buford, Carpenter, Cazenove, Cecil, H. N. Coleman, Crockett, Custis,
Dabney, J. D. Davis, R. J. Davis, Dice, Eggleston, Evans, Fleming, Flood, Gatewood,
George, Gillespie, Gilmer, Grattan, Green, Harrison, Hopkins, Hunter, Irby, James, John¬
son, Jones, Jordan, Kaufman, Kyle, Laidley, Lockridge, Lundy, Lynn, Mathews, McCa¬
mant, A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Montague, R. E. Nelson,
W. G. T. Nelson,'Newton, Orgain, Pitman, Reid, Riddick, Rives, Robertson, Robinson,
■ Rowan, Rutherfoord, R. C. Saunders, Sheffey, Sherrard, Small, Staples, Tate, Taylor, Tho¬
mas, Thrash, Tyler, Vaiden, Ward, Williams, S. Wilson, Woodhouse, Woodson, Woolfolk,
Wootten and Worsham—81.
Noes—Messrs. Bayse, Booton, Edmunds, Friend, Mallory, P. Saunders, Shannon, Spady,
Vermillion, West and J. L. Wilson—11.
Ordered, that Mr. McLaughlin carry the same to the senate, ami
request their concurrence.
Ordered, that the clerk communicate to the senate the foregoing
bills, not otherwise communicated, and request their concurrence
therein.
The following engrossed bills were taken up, and on motions
severally made, laid on the table:
No. 124. A bill compensating R. H. Phillips for private property
taken possession of for the use of the state.
No. 125. A bill directing the board of public works to complete
the Morgan and Frederick turnpike.
No. 128. A bill for the relief of James Reid.
No. 93. A senate bill entitled an act for the relief of Robert
Shields, late sheriff of the county of York, was taken uj), on motion
of Mr. Custis, and recommitted to the committee on finance.
Mr. Hunter submitted the following resolution; which, on hi#
motion, wras laid upon the table :
HOUSE OF DELEGATES.
289
Resolved, that the Speaker bfe directed to issue writs of election
to fill the vacancies which now exist in the representation of this
house ; that saidYwrits (in blank as to the days of election) be placed
in the hands of the governor, to be executed by elections for the
several counties and election districts, at such tim'es as in his dis¬
cretion may be deemed expedient; and the governor is hereby em¬
powered to fill the blanks in such writs as to the respective days of
election.
■Mr. Rutherfoord presented the petition of sundry citizens of
Goochland county, agking for exemption of the overseer of Dr. John
Morris of said county; which, on his motion, was referred to the
committee on military affairs.
Mr. Woolfolk submitted the following resolution:
Resolved by the general assembly, that Whenever a volunteer in *
the confederate army has furnished, or who may hereafter furnish a
substitute for the war, who is not or will not become liable to militia
duty under the present laws of the state, and who has been accepted
•and mustered into service, the governor is' hereby authorized and re¬
quested to grant the said volunteer so furnishing a substitute, a dis¬
charge from militia duty.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Ordered, that Mr. Woolfolk carry the same to the senate, and
request their concurrence.
Mr. Minor, on his own motion, was excused from attendance upon
the sessions of the house from Friday the 21st instant, till Tuesday
the 26th instant, inclusive.
No. .85. An engrossed bill for the relief of Thomas McCormick,
was taken up, on motion of Mr. Carpenter ; and the question being
on the passage of the bill, the roll- was called, with the following
result—Ayes 32, noes 43 ;
Ayes—Messrs. Kemper (speaker), Barbour, Bayse, Blue, Carpenter, Cazenove, Cecil,
Crockett, Dice, Fleming, Flood, George, James, Johnson, Jones, Kyle, Lockridge, Lundy,
Mathews, McCamant, I. E. McDonald, McLaughlin, Minor, W. G. T. Nelson, Orgain,
Rowan, Sheffey, Small, Taylor, Thrash, Yaiden and Woodson—32.
Noes—Messrs. F. T. Anderson, Bass, Booton, Bradford, Clarke, R. J. Davis, Edmunds,
Eggleston, Evans, Franklin, Garrison, Gatewooj, Gillespie, Grattan, Green, Harrison, Hun¬
ter,Irhy, Jordan, Mallory, A. W. McDonald, Montague, Murdaugh, Newton, Pitman, Reid,
Riddick, Rives, Robinson, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Staples,
Tate, Vermillion, Ward, West, J. L. Wilson, S. Wilson, Woodhouse, Wootten and Wor-
shain—43.
Resolved, that the bill be rejected.
No. 151. An engrossed bill for an increase of the capital stock of
the Wytheville and Grayson turnpike company, was taiyen up, on
motion of Mr. Crockett ; and the question being on the passage of
the bill, the roll was called, with the following result:—Ayes 44,
noes 31:
Ayes—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Barbour, Bass, Blue,
Carpenter, Cazenove, Cecil, Clarke, H. N. Coleman, Crockett, J. D. Davis, R. J. Davis,
Dice, Eggleston, Ewing, Fleming, Gatewood, George, Gilmer, Hopkins, Irby, James, John¬
son, Jordan, Kaufman, Kyle, Laidley, Lockridge, Mathews, McCamant, McLaughlin, Minor,
Montague, Pitman, Reid, Robertson, Rowan, Shannon, Sheffey, Staples, Tate, Taylor, Thrash,
Ward and Wootten—44.
37
290
JOURNAL OF TIIE
Noes—Messrs. Ruskervill, TIhj'so, Booton, Edmunds, Evans, Friend, ("Harrison, Gruttan,
Harrison, Hunter, Jones, Lundv, Mallory, A. W. McDonald, Murdau^li, W. (1. T. Nelson,
Newton, Orgiiiu, Rives, Robinson, Rutherfoord, R. U. Saunders, Small, Sherrurd, Sjiady,
Vaiden, West, Williams, J. L. Wilson, S. Wilson and Woodson—31.
Resolved, that the bill be rejected.
On motion of Mr. Mallory,
Resolved, that permission be given to bring in a bill authorizing
the sale of that portion of the Roanoke valley rail road which lias
been completed, from Clarkesville in Mecklenburg county to the Ra¬
leigh and Grayson-rail road in North Carolina.
No. 158. A bill to amend, re-enact and extend an act entitled an
act to authorize the banks of the commonwealth to issue notes of
the denomination of one and two dollars, passed January 24th, 180:2,
was taken up, on motion of Mr. Robertson, read a first and second
times, and on motion of Mr. Sheffey, was laid on the table, and
made the order of the day for to-morrow at 12 o'clock.
The following resolution, heretofore submitted, was taken up, on
motion of Mr. Anderson of Rockbridge:
Resolved, that this house will, with the consent of the senate, ad¬
journ sine die on Friday the 21st instant, at 2 o'clock.
Mr. Fleming moved to amend the resolution, by striking out
"21st," and inserting "26th." '
Mr. Cazenove moved to amend the .amendment, by inserting
" 28thand the question being on agreeing thereto, was put, and
decided in the affirmative. Pending the further consideration of
which,
On motion of Mr. Tate, the house adjourned until to-morrow,
11 o'clock.
THURSDAY, March 20, 1862.
Prayer by Rev. Mr. Con well of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 19, 18(52.
The senate have agreed to the amendments proposed by the house
of delegates to senate bill entitled:
An act for the relief of savings banks and other corporations of
this commonwealth, and exempting them from the penalties imposed
by existing laws for the issue of small notes, No. 45.
And they have disagreed to the resolution from the house of dele¬
gates in relation to exemptions.
The committee on enrolled bills in the senate having examined
sundry such bills, and found them correctly enrolled, they have been
signed by their president, and- are now communicated to the house
of delegates for further signature.
They have passed house bill entitled:
An act imposing taxes for the support of government, No. 82,
with amendments.
HOUSE OF DELEGATES.
291
In which amendments they respectfully request the concurrence
of the house of delegates.
No. 82. A bill entitled an act imposing taxes for the support of
government, with the amendments thereto proposed by the senate,
was taken up, and on motion, laid on the table.
Mr. Buford, from the special committee to whom had been referred
the following bill, reported the sdme without amendment:
No. 90. A senate bill entitled an act to sanction an ordinance of
the state of North Carolina, entitled an ordinance to incorporate the
Piedmont rail road company.
On motion of Mr. Edmunds,
Resolved, that the committee for courts of justice enquire what
legislation, if any, is necessary*to carry into effect the constitution
adopted by the convention on the 5th day of December 1861, should
the said constitution be ratified by the voters of the commonwealth.
On motion of Mr. Edmunds,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill providing for annual' meetings of the
general assembly, in the event of the ratification of the constitution,
adopted by the convention on the 5th day of December 1861.
Mr. Steger presented the memorial of Joseph R. Anderson & Co.,
in relation to a paragraph in the annual message of the governor;
which was ordered to be laid upon the table.
Mr. Burks presented the memorial of William M. Burwell et al.,
citizens of Bedford county, asking that the^legislature will take im¬
mediate measures to promote the introduction and progress of cer¬
tain manufactures of primary necessity for the defence of the coun¬
try and the comfort of the people; which, on his motion, was re¬
ferred to the committee on agriculture and manufactures.
Mr. Mathews submitted the-following resolution :
Resokved by the general assembly of Virginia, that the printer for
the court of appeals at Lewisburg Jae exempted from the operation
of the proclamation of the governor calling out the entire militia of
the state; and the question being on agreeing thereto, was put, and
decided in the affirmative.
Ordered, that Mr. Mathews carry the same to the' senate, and re¬
quest their" concurrence.
Mr. Reid- submitted the following resolution; which being ob¬
jected to, was laid over under the rule:
Resolved by the general assembly, that in addition to the exemp¬
tions heretofore authorized by law, the following named classes of
persons shall be exempt from military service/to wit: Agents, own¬
ers and masters of freight boats; owners, agents, captains, mates,
drivers, and boat hands of packet boats, and boat builders oti the
James river and Kanawha canal: provided, that the president or
secretary of the company shall certify, on honor, that the services of
any such person are necessary for conducting efficiently the opera¬
tions of said canal.
A resolution heretofore submitted by Mr. Hunter, in relation to
issuing writs of election to fill vacancies now existing in the house
of delegates, was taken up, on his motion, and agreed to.
202
JOURNAL OF THE
On motion of Mr. Crockett,
Resolved, that the Speaker of this honsc tender the use of this
hall to the confederate congress, when the legislature shall have ;id-
journed sine die.
No. 131. An engrossed bill entitled a bill legalizing the manu¬
facture of alcohol, was taken up, read a third time, and passed.
Ordered, that Mr. Cazenove carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate by Mr. Thomas of Ilenry,
who informed the house of delegates that the senate had passed a
joint resolution exempting an additional deputy sheriff in the county
of Franklin: in which they request the concurrence of the house of
delegates.
The resolution was taken up and agreed to.
Ordered, that the clerk communicate the same to the senate.
Mr. Buford presented the petition of Thomas Sparks et ah, in re¬
gard to the exemption of C. H. Tompkins from military duty; and
a petition from citizens of Pittsylvania county, praying the exemp¬
tion of Thomas W. Carter from military duty; which, on his mo¬
tion, were laid upon the table.
Mr. Buford submitted the following resolution; which, on his
motion, was laid upon the table :
Resolved by the general assembly, that the board of exemption be
and they are authorized to exempt from military duty, under the
proclamation of the governor of the 10th instant, all tanners who,
at the date of said proclamation, were actually engaged in the busi¬
ness of tanning, whenever, in the opinion of the board, any such ex¬
emption is necessary to the community in which any such tanner
may reside.
•No. 154. An engrossed bill entitled a bill to amend an act entitled
an act to prevent free negroes and slaves from owning dogs in the
counties of Essex, King & Queen, James City arid New Kent, passed
■ March 29, 1858, was taken up; and the question being on the pas¬
sage thereof, was put, and decided in the negative.
Resolved, that the bill be rejected.
The joint order of the day for the election of a secretary of the
commonwealth, a treasurer, an auditor of public accounts, a second
auditor, a register of the land office, a public printer, a superintendent
of the penitentiary, and a general agent and storekeeper of the peni¬
tentiary, was taken up and read.
Mr. Fleming moved that the election of a superintendent of the
penitentiary be first proceeded with ; and the question being on agree¬
ing thereto, was put, and decided in the affirmative.
Mr. Barbour nominated James F. Pendleton, and Mr. McDonald
of Hampshire nominated Charles Blue.
Ordered, that Mr. Barbour inform the senate that the house of
delegates was ready on their part to proceed with the execution of
the joint order, so far as it related to the election of a superintendent
of the penitentiary, and that James F. Pendleton and Charles Blue were
in nomination for that office.
HOUSE OF DELEGATES.
293
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate was ready to proceed
to the election of a superintendent of the penitentiary, and that no
additional nominations had been made in that body.
The roll was then called, with the following result:
For James F. Pendleton—Messrs. Kemper (speaker), J. T. Anderson, Ft T. Anderson,
Barbour, Bayse, Buford, Burks, Cecil, Clarke, Crockett, Dabney, J. D. Davis, R. J. Davis,
Eggleston,' Evans, Flood, Franklin, George, Gillespie, GMtncr, Irby, James, Kyle, Mathews,
McUainaut, I. E. McDonald, McKiuney, Montague, Mnrdaugh, R. E. Nelson, W. G. T.
Nelson, Noiund, Riddiek, Robertson, P. Saunders, R. C. Saunders; Sheffey, Staples, Steger,
Vaideu, Vermillion and S. Wilson—42.
For Charles Blue—Messrs. Baskervill, Bass, Booton, Bradford, Carpenter, Cazenove, H. .
N. Coleman, Custis, Dice, Edmunds, Fleming, Friend, Garrison, Gatewood, Grattan, Green,
Harrison, Hopkins, Hunter, Iluntt, Johnson, Jones, Jordan, Kaufman, Laidley, Loekridge,
Lundy, Lynn, Mallory, A. W. McDonald, McLaughlin, Minor, Newton, Orgain, Pitman,
Prince, Reid, Rives, Robinson, Rowan, Small, Sherrard, Spady, Tate, Taylor, Thomas,
Thrash, Ward, Williams, J. L. Wilson, Woodhouse, Woodson, Woolfolk, Wootten, Wor-
sharn, Wright and Wynne—57.
The Speaker appointed Messrs. Barbour, McDonald of Hamp¬
shire, Sheffey, Bradford, Bass, Worsham and Lynn a committee to
meet a committee on the part of the senate, to count the joint vote,
who having performed that duty, subsequently reported, through
their chairman, Mr. Barbour, as follows:
Whole number of votes, 136 ; necessary to a choice, 69 ; of which
Charles Blue received 71 votes, and James F. Pendleton, 65 votes.
Charles Blue, Esq. having received a majority of all the votes cast,
was declared duly elected superintendent of the penitentiary for the
constitutional term commencing on the second day of January .1863.
Mr. Sheffey moved that the election of a second auditor, to fill,
the unexpired term of William A. Moncure deceased, be next pro¬
ceeded with ; and the question being on agreeing thereto, was put,
and decided in the affirmative.
Air. Barbour nominated Henry W. Thomas of Fairfax.
Mr. Mathews nominated Thomas H. De Witt of Richmond city.
Mr. Davis of Campbell nominated Daniel A. Wilson of Lynchburg.
Ordered, that Mr. Barbour inform the senate that the house of
delegates was ready on their part to proceed with the execution of
the joint order, sa far as it related to the election of a second au¬
ditor, to fill * the unexpired term of William A. Moncure deceased,
and that Henry W. Thomas of Fairfax, Thomas H. De Witt of Rich¬
mond city and Daniel A. Wilson of Lynchburg were in nomination
for that office.
A message was received from the senate by Mr. Johnson of Bed¬
ford, who informed the house of delegates that the senate was ready
to proceed with the further execution of the joint order, so far as
the same relates to the election of a second auditor to fill the unex¬
pired term of William A. Moncure deceased, and .that no further
nominations had been made in that body.
The roll was then called with the following result:
For Ilenry IF. Thomas—Messrs. Barbour, Buford, Cazenove, Cecil, Custis, Dice, Ed¬
munds, Eggleston, Evans, Gillespie, Grattan, Green, Harrison, Hopkins, Huntt, Johnson,
Jordan, Lundy, Lynn, A. W. McDonald, I. E. McDonald, McKinney, McLaughlin,» Mur-
d.'tugh, Frinee, Reid, Riddiek, Robinson, Shannon, Sheffey, Small, Sherrard, Spady, Staples,
Tate, Thomas, Tyler, Vaideu and Woodhouse—39.
294
JOURNAL OF THE
For Thomas II. Dc- Witt—Messrs. Buskervill, Buss, Bnyso, Carpenter, H. N. Colrin.in,
Fleming, Friend, Gatcwood, Gilinvr, Hunter, Irby, Jumes, Lnidlcy, Lnekfiilee, M.illm>,
Mathews, R. U. Nelson, W. G. T. Nelson, Newton, Ordain, Rives, Rowan, P. Sunn In*,
Steper, J. L. Wilson, H. Wilson, Woodson, Woolfolk, Wootten, Woishiun, Wiiglit ami
Wynne—32.
For Danid A. Wilson—Messrs. Ivemper (speaker), J. T. Anderson, F. T. Ander mi,
Booton, Bradford, Burks, Clarke, Crockett, Dalmey, J. D. Davis, R. J. Davis, I'hmil,
Franklin, Garwood, George, Jones, Kaufnutn, Kyle, Me.Camant, Montague, Pitimui, If a-
hertson, R. C. Saunders, Thrasli, Vermillion, Ward, West and Williams—2d.
The Speaker appointed Messrs. Barbour, Mathews, Davis of
Campbell, Wilson of Isle of Wight, Cazenove, Woodson and Dalmey
a committee to meet a committee on the part of the senate, to count
the joint vote, who having performed that duty, subsequently re¬
ported, through their chairman, Mr. Barbour, as follows:
Whole number of votes cast, 136; necessary to a choice, Oil; of
which Henry TV. Thomas received 65 votes; Thomas II. Dc Witt, ;>6
votes; and Daniel A. Wilson, 35 votes.
No person having received a majority of all the votes cast, and the
name of Mr. Wilson being dropped under the rule, the roll was again
called, with the following result:
For Henry IF. Thomas—Messrs. Kemper (speaker), F. T. Anderson, Barbour, Booton,
Bradford., Cazenove, Cecil, Crockett, Custis, J. D. Davis, Dice, Edmunds, Egglcshm,
Evans, Fleming, Flood, Franklin, George, Gillespie, Grattan, Green, Ilarri .on, Hopkins.
Huntt, Johnson, Jordan, Lundy, Lynn, McCamant, I. E. McDonald, McKinncy, M<>
Laughlin, Murdaugh, Prince, Reid, Riddiek, Shannon, JShoffey, Sherrard, Spady, Stnplcs",
Tate, Thomas, Tyler, Vaiden, Williams and Woodhousc—47.
For Thomas II Dc Witt—Messrs. J. T. Anderson, Baskervill, Bass, Bayso, Burks,
Clarke, H. N. Coleman, Dabney, R. J. Davis, Friend, Gilmer, 'Irby, .James, Jones, Kauf¬
man, Kyle, Laidley, Lockridge, Mathews, Minor, Montague, R. E. Nelson, W. (». T,
Nelson, Newton, Orgain, Rives, Robertson, Rowan, P. Saunders, R. C. Saundt rs, Shyer,
Thrash, Vermillion, Ward, J. L. Wilson, S. Wilson, Woodson, Woolfolk, Wootten and
Wynne—40. •
The committee having retired, reported, through their chairrmin,
as follows: Whole number of votes, 123 ; necessary to a choice, 62;
of which Henry W. Thomas received 73 votes; Thomas II. De Witt,
4:5 votes; and Daniel A. Wilson, 5 votes.
Henry W. Thomas, Esq. having received a majority of the whole
number of votes cast, was declared duly elected second auditor to
fill the unexpired term of William A. Moncure deceased.
A message was received from tjie seriate by Mr. Frazier, who
informed the house of delegates that the senate had agreed to a reso¬
lution postponing the further execution of the joint order until
to-morrow, at 12 o'clock.
The question being on agreeing thereto, was put, and decided in
the affirmative.
Ordered, that Mr. Sheffey inform the senate thereof.
Mr. Anderson of Rockbridge, from a special committee, presented
the following bills:
No. 167. A bill to carry into effect a contract with the lessees of
the Washington and Smyth salt works, for the purchase of salt.
No. 16S. A bill for the purchase of the Smyth and Washington
salt works and plaster banks, and to provide for their management;
'which were read a first time, and ordered to be read a second time.
No. 15S. A bill to ainend, re-enact and extend an act entitled an
act to authorize the banks of the commonwealth to issue notes of
HOUSE OF DELEGATES.
295
the denomination of one and two. dollars, passed 24th January 1862,
ht'ing the order of the day, was taken up, on motion of Mr. Robert¬
son, and postponed to, and made the order of the day for to-morrow,
at 12 o'clock.
On motion of Mr. Carpenter, the house adjourned until to¬
morrow, 11 o'clock.
FRIDAY, March 21, 1862.
Prayer by Rev. Dr. Read of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 20, 1862.
The senate have passed house bills entitled:
An act to authorize the county court of Powhatan county to cor¬
rect the" assessment of the lands of A. S. Wooldridge's estate,-No. 41.
An act authorizing the trustees of Oak grove church in the county
of Pocahontas to sell and convey property, No. 162.
An act to pay to George Cooper a certain sum of money for ser¬
vices as clerk of the 115th regiment of militia, No. 117.
They have rejected house bill entitled :
An act for the relief of John Avis, late jailor of Jefferson county,
No. 50.
Mr. Custis, from the joint committee appointed to visit the East¬
ern lunatic asylum, presented a report; which, on his motion, was
laid on the table.
Mr. Barbour, from the committee on finance, presented the fol¬
lowing bill:
No. 170. A bill authorizing the issue of treasury notes.
Mr. Barbour, from the same committee, to whom had been re¬
committed
No. 93. A senate bill entitled an act for the relief of Robert
Shield, late sheriff of the county of York, reported the same, with
the recommendation that it do not pass.' *
Oh motion of Mr. Orgain,
Resolved, that the committee on finance be instructed to enquire
into the expediency of assessing a tax of . per cent, on
the whole estates, real and personal, of those who have been or shall
hereafter be exempted from military duty, excepting the cases of
those whose estates do not amount to dollars ; also of
assessing a specific tax on all physicians upon whose certificates ex¬
emptions have been or shall be obtained; and also upon the fees of
all agents employed in obtaining such exemptions.
Mr. Crockett presented the petition of Thomas F. Walker et al.
of the county of Bland, in relation to the distillation of grain;
which, on his motion, was laid on the table. • •
On motion of Mr. Reid, the resolution submitted by him on yes-
206
JOURNAL OF THE
terday, in relation to exemptions on the James river canal, was taken
up; and the question being oir agreeing thereto, was put, and de¬
cided in the negative.
On motion of Mr. Davis of Campbell,
Resolved, that a special committee be appointed, with authority
to report a bill to amend an act passed 5th March 1N62, entitled an
act to incorporate the Confederate mutual life insurance company.
The Speaker appointed the following committee under the reso¬
lution : Messrs. Davis of Campbell, Wilson of Norfolk, Murduugh
and Riddick.
Mr. McDonald of Hampshire submitted the following resolution:
Resolved, that it shall be lawful for the governor to furnish to the
northwestern rangers two small cannon or mountain howitzers, with
the necessary ammunition, to be placed in the hands of such captain
as the governor may direct, to be used for the ranger service; anil
the governor is hereby authorized to accept one cavalry company
among the companies authorized by the act passed the
day of 1862, providing-for the organization of
rangersprovided the whole number of companies so accepted shall
not exceed the number provided for in said act.
On his motion, the resolution was referred to the committee on
military affairs.
No. 145. An engrossed bill entitled a bill amending an act passed
the 2Sth day of March .1861, entitled an act amending the charter of
the town of Union in the county of Monroe, was taken up, on mo¬
tion of Mr. Rowan, read a third time and passed.
Ordered, that Mr. Rowan carry the same to the senate, and re¬
quest their concurrence.
No. 160. A bill incorporating the Victoria mining and manufactur¬
ing company of the county of Louisa, was taken up, on motion of
Mr. Garrison, read a first and second times, and ordered to be en¬
grossed and read a third time.
No. 159. A bill to incorporate the Fredericksburg insurance, com¬
pany, was taken up, on motion of Mr. Garrison, read a first and
second times, and ordered to be engrossed and read a third time,; and
being forthwith engrossed, was, on motion of Mr. Garrison, read a
third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 63. An engrossed bill for the relief of Levi Johnson, was
taken up, on motion of Mr. Johnson ; and the question being—Shall
the bill pass ? the roll was called, with the following result—Ayes
6, noes 70 :
Ayes—Messrs. Grattan, Johnson, Kaufman, Laidley, Mathews and McLaughlin—fi.
Noes—Messrs. Kemper (speaker), F. T. Anderson, Harbour, Blue, Booton, Bradford,
Buford, Burks, Carpenter, Cazenove, Clarke, H. N. Coleman, Crockett, Dabney, J. D.
Davis, R. J. Davis, Edmunds, Eggleston, Evans, Ewing, Fleming, Flood, Franklin, Har¬
rison, Gatewood, George, Gillespie, Gilmer, Green, Harrison, Huntt, Irby, James, Jones,
Jordan, Kyle, Lockridge, Lundy, Mallory, McCamant, I. E. McDonald, Montague, E. E.
Nelson, W-. G. T. Nelson, Newton, Orgain, Pitman, Prince, Reid, Riddick, Rives, Rowan,
P. Saunders, R. C. Saunders, Shannon, Shetfey, Small, Sherrard, Spady, Staples, Steger,
Tate, Thrash, Vaiden, Vermillion, Ward, Williams, J. L. Wilson, S. Wilson, Woodhouafi
and Wootten—70.
HOUSE OF DELEGATES.
297
Resolved, that the same be rejected.
A message was received from the seriate by Mr. Brannon, who
informed the house of delegates that the senate had passed a bill
untitled an act appropriating the public revenue for the fiscal year
1801-02, No. 81: in which they respectfully requested' the concur¬
rence of the house of delegates.
The house proceeded to the further execution of the joint order;
which had for its object the election of certain-officers of the govern¬
ment, so far as the same related to the election of a general agent
and storekeeper of the penitentiary.
Mr. Robertson nominated Walter D. Blair.
Mr. Crockett nominated Mitchell B. Tate.
Mr. Mallory nominated John Knote.
lh~. Cazenove nominated Robert M. Nimmo.
Ordered, that Mr. Crockett inform the senate that the house of
delegates was ready on their part to proceed with the execution of
the joint order, so far as it related to the election of a general agent
and storekeeper of the penitentiary, and that Walter D. Blair,
Mitchell B. Tate, John Knote and Robert M. Nimmo were in nomina¬
tion for that office.
A message was received from the senate by Mr. Nash, who in¬
formed the house of delegates that the senate was ready to proceed
to the election of a general agent and storekeeper of the penitentiary,
and that no additional nominations had been made in that body.
The roll was then called, with the following result:
For Robert M. Nimmo—Messrs. Kemper (speaker), F. T. Anderson, Bass, Carpenter,
Cazenove, Friend, Gilmer, Grattan, Jones, Lundy, Murdaugh, R. E. Nelson, W. G. T.
Nelson, Orgain, Prince, Sheffey, Spady, Taylor, Thomas, Vaiden, J. L. Wilson, S. Wilson,
Wnodliouse and Woodson—24. *
For John Knote—Messrs. J. T. Anderson, Blue, Bradford, Buford, Dabney, R. J. Davis,
Edmunds, Evans, Fleming, Green, Hunter, Huntt, Irby, Johnson, Jordan, Laidley, Lock-
ridge, Mallory, Mathews, A. W. McDonald, Newton, Pitman, Biddiclt, Bives, Eobinson,
Small, Sherrard, Ward, Williams, Wootten and Wright—-"31.
For Mitchell B. Tate—Messrs. Barbour, Booton, Cecil, Clarke, H. N. Coleman, Crockett,
Dice, Eggleston, Ewing, Flood, Franklin, Gatewood, George, Giilespie, Harrison, Hopkins,
Kaufman, Kyle, McCamant, I. E. McDonald, Montague, Noland, Shannon, Staples, Tate,
Thrash and Vermillion—27.
For Walter D. Blair—Messrs. Burks, James, Eeid, Robertson, Eowan and P. Saun¬
ders—6.
The Speaker appointed Messrs. Crockett, Robertson of Richmond
city, Mallory, Cazenove, Spady, Lockridge and Bass a committee to
meet a committee on the part of the senate, to count the joint vote,
who, having performed that duty, subsequently reported, through
their chairman Mr. Crockett, as foHows:
Whole number of votes cast, - 125
Necessary to a choice, - - 63
Robert M. Nimmo received - 49
John Knote received - - - 35
Mitchell B. Tate received - - 34
Walter D. Blair received - 7
No person having received a majority of all the votes cast, and
the name of Mr. Blair being dropped under the rule, the roll was
again called, with the following result:
38
298
JOURNAL OF THE
For Robert M. Nimmo—Messrs. Kemper yspciih* tT, F. T. Anderson, Lass, CarpenhM,
C'izonove, Garrison, (iilmer, ({rattan, .Tones, Lundy, Murdnugh, 1'. E. Nelson, W. ({. T.
Nelson, Orgain, Prince, Shetfey, Spady, Taylor, Tliomas. Vaiden, ,T. L. Wilson, S. Wilson,
Woodkonse and Woodson—'21.
For John Knote—Messrs. ,T. T. Anderson, Illne, Bradford, Buford, Dakney, R. J. Davis,
Edmunds, Evans, Fleming, Green, Hunter, Irky, Johnson, Jordan, Laidley, Ijoi-kridgo,
Mallory, Mathews, A. W. McDonald, McKinney, Newton, Pitman, Kiddick, Rivt s, Ro-
kertson, Robinson, P. Saunders, Small, Slierrard, Steger, Ward, Williams, Wootten and
Wright—34.
For Mitchell B. Tate—Messrs. Barbour, Bayse, Booton, Burks, Cecil, Clarke, H. N.
Coleman, Crockett, Dice, Eggleston, Ewing, Flood, Franklin, Gatewood, (Jeorge, Gillis-
pie, Harrison, Hopkins, Huntr, James, Kaufman, Kyle, MeCamant, I. E McDonald, Mon¬
tague, Reid, R. C. Saunders, Shannon, Staples, Tate, Thrash and Vermillion—32.
The same committee ascertained the joint vote, and Mr. Crockett
reported that vote to be:
Whole number of votes cast, - 128
Necessary to a choice, - - (J5
Robert M. Nimmo received - 49
John Knote received - 39
Mitchell B. Tate received - 3S
Scattering, - 2
There being no election, the name of Mr. Tate was dropped under
the rule, and the roll was again called, with the following result:
For Robert M. Nimmo—Messrs. Kemper (speaker), F. T.Anderson, Barbour, Bass, Car¬
penter, Cazenove, J. D. Davis, Friend, Garrison, Gillespie, Gilmer, Grattan, Jones, Lundy,
MeCamant, I. E. McDonald, Murdaugh, R. E. Nelson, W. G. T. Nelson, Orgain, Prince,
Shcffey, Spady, Staples, Tate, Taylor, Thomas, Vaiden, Vermillion, J. L. Wilson, S. Wil¬
son, Woodhouse and Woodson—33.
For John Knote—Messrs. J. T. Anderson, Bayse, Blue, Booton, Bradford, Buford, Burks,
Cecil, H. N. Coleman, Crockett, Dahney, R. J. Davis, Dice, Edmunds, Evans, Ewing,
Fleming, Flood, Franklin, Gatewood, George, Green, Harrison, Hunter, Irky, James, John¬
son, Jordan, Kaufman, Kyle, Laidley, Lockridge, Mallory, Mathews, A. W. McDonald,
McKinney, Montague, Newton, Pitman, Rcid, Kiddick, Rives, Robertson, Robinson, Row¬
an, P. Saunders, R. C. Saunders, Shannon, Small, Sherrard, Steger, Thrash, Ward, Wil¬
liams, Wootten and Wright—56.
For Mitchell B. Tate—Messrs. Clarke and Eggleston—2.
The same committee ascertained the joint vote, and Mr. Crockett
reported that vote to be :
Whole number of votes cast,
129
Necessary to a choice,
65
Robert. M. Nimmo received
57
John Knote received -
62
Mitchell B. Tate received
9
Walter D. Blair received
1
There being no election, the roll was again called, with the fol¬
lowing result:
For Robert M. Nimmo—Messrs. Kemper (speaker), Barbour, Bass, Carpenter, Cazenove,
J. D. Davis, Friend, Garrison, Gilmer, Grattan, Hopkins, Jones, Lundy, MeCamant, Mur¬
daugh, R. E. Nelson, W. G. T. Nelson, Prince, Shetfey, Spady, Staples, Tate, Taylor,
Thomas, Vaiden, J. L. Wilson, S. Wilson, Woodhouse and Woodson—20.
For John Knote—Messrs. J. T. Anderson, Bayse, Blue, Booton, Bradford, Buford, Burks,
H. N. Coleman, Crockett, Dabney, R. J. Davis, Dice, Edmuuds, Evaus, Ewing, Fleming,
Flood, Franklin, Gatewood, Green, Harrison, Hunter, Irby, James, Johnson, Jordan,
Kaufman, Kyle, Laidley, Lockridge, Mallory, Mathews, A. W." McDonald, Montague,
Newton, Orgain, Pitman, Reid, Riddick, Rives, Robertson, Robinson, Rowan, P. Saunders,
R. C. Saunders, Small, Sherrard, Steger, Thrash, Ward, Williams, Wootten and Wiiglit—53.
For Mitchell B. Tate—Messrs. Cecil, Clarke, Eggleston, George, Gillespie, Iluutt, I. E.
* McDonald, Shannon and Vermillion—9.
HOUSE OF DELEGATES.
299
The same committee ascertained the joint vote, and Mr. Crockett
reported that vote to be :
Whole number of votes cast, - 129
Necessary to a choice, - 65
Robert M. Nimmo received - 57
John Knote received - . - 62
Mitchell B. Tate received - 9
Walter D. Blair received - 1
There being no election, Mr. Barbour renominated Mitchell B. Tate.
Ordered, that Mr. Barbour inform the senate thereof.
A message was received from the senate by Mr. Dickenson of
Grayson, who informed the house of delegates that the name of
Walter D. Blair had been added to the list of nominations in that
body.
The roll was then again called, with the following result:
For Robert M. Nimmo—Messrs. Kemper (speaker), Bass, Carpenter, Cazenove, Garrison,
Gilmer, Grattan, Jones, Lundy, Murdaugh, R. E. Nelson, W. G. T. Nelson, Prince, Shefi'ey,
Spady, Taylor, Thomas, Yaiden, J. L. Wilson, S. Wilson, Woodhouse and Woodson—22.
For John Knote—Messrs. J. T. Anderson, F. T. Anderson, Bine, Booton, Bradford,
Dabney, R. J. Davis, Edmunds, Evans, Fleming, Friend, Green, Hunter, Irby, Johnson,
Jordan, Kaufman, Laidley, Lockridge, Mallory, Mathews, A. W. McDonald,-McKinney,
Newton, Orgain, Pitman, Reid, Riddick, Rives, Robertson, Robinson, R. C. Saunders,
Small, Sherrard, Steger, Ward, Williams, Wootten and Wright—39.
For Mitchell B. Tate—Messrs. Barbour, Bayse, Buford, Burks, Cecil, Clarke, H. N.
Coleman, Crockett, J. D. Davis, Dice, Eggleston, Ewing, Flood, Franklin, Gatewood,
George, Gillespie, Harrison, Hopkins, Huntt, Kyle, McCamant, I. E. McDonald, Montague,
Noland, P. Saunders, Shannon, Staples, Tate, Thrash and Vermillion—31.
For Walter D. Blair—Messrs. James and Rowan«>-2.
The same committee ascertained the joint vote, and Mr. Crockett
reported that vote to be :
Whole number of "fotes cast, - 132
Necessary to a choice, - 67
Robert M. Nimmo received - - 46
John Knote received - 45
Mitchell B. Tate received - 37
Walter D. Blair received - 4
There being no election, the name of Mr. Blair was dropped, un¬
der the rule.
A message was received from the senate by Mr. Robertson, who
informed the house of delegates that the. name of Mr. Blair had been
added to the list of nominations in the senate.
The roll was again called, with the following result:
For Robert M. Nimmo—Messrs. Kemper (speaker), Bass, Carpenter, Cazenove, Garrison,
Gilmer, Grattan, Jones, Lundy, Murdaugh, R. E. Nelson, W. G. T. Nelson, Prince, Sheffey,
Spady, Taylor, Thomas, Yaiden, J. L. Wilson, S. Wilson, Woodhouse and Woodson—22.
For John Knote—Messrs. J. T. Anderson, F. T. Anderson, Blue, Booton, Bradford, Dab¬
ney, Dice, Edmunds, Evans, Fleming, Friend, Green, Hunter, Irby, Johnson, Jordan,
Kaufman, Laidley, Lockridge, Mallory, Mathews, A. W. McDonald, McKinney, Newton,
Orgain, Pitman, Reid, Riddick, Rives, Robinson, P. Saunders, Small, Sherrard, Steger,
Williams and Wootten—36.
For Mitchell B. Tate—Messrs. Barbour, Bayse, Buford, Burks, Cecil, Clarke, H. N.
Coleman, Crockett, J. D. Davis, R. J. Davis, Eggleston, Ewing, Flood, Franklin, Gate-
wood, George, Gillespie, Harrison, Hopkins, Huntt, Kyle, McCamant, I. E. McDonald,
Montague, Noland, R. C. Saunders, Shannon, Staples, Tate, Thrash, Vermillion and
Ward—39.
For Walter D. Blair—Messrs. James and Rowan—9.
300
JOURNAL OF THE
The same committee ascertained the joint vote, and Mr. Crockett
reported that vote to be :
Whole number of votes cast, - 1 30
Necessary to a choice, -• - (56
Robert M. Nimmo received - - 44
John Knote received - 42
Mitchell B. Tate received - 40
Walter D. Blair received - 4
There being no election, the roll was again called, with the fol¬
lowing result:
For Robert M. Nimmo—Messrs. Kemper (speaker), F. T. Anderson, Lass, Carpenter,
Cazenove, Garrison, Gilmer, Grattan, Hunter, Jones, Lundy, Murdaugh, K. E. Nelson,
W. G T. Nelson, Prince, Sheffey, Spady, Taylor, Thomas, Vaiden, J. L. Wilson, S. Wilson
and Woodhouse—23. .
For John Knote—Messrs.* J. T. Andeison, Blue, Booton, Bradford, Dalmey, Dice, Ed¬
munds, Evans, Fleming, Green, Irby, Johnson, Jordan, Kaufman, Laidley, Lockridgo,
Mallory, Mathews, A. W. McDonald, McKinney, Newton, Orgain, Pitmuh, Reid, Riddick,
Rives, Robinson, P. Saunders, Small, Skerrard, Stegef, Williams, Wootten and Wright—34.
For Mitchell B. Tote—Messrs. Barbour, Bayse, Buford, Burks, Cecil, Clarke, II. N.
Coleman, Crockett. J. D. Dai'is, Ii. J. Davis, Elggleston, Ewiug, Flood, Franklin, (late-
wood, George, Gillespie, Harrison, Hopkins, James, Kyle, McCamant, I. E. McDonald,
Montague, Noland, Rowan, K. C. Saunders, Shannon, Staples, Tate, Thrash, Vermillion
and Ward—33.
The same committee ascertained the joint vote, and Mr. Crockett
reported that vote to be :
Whole number of votes cast, - 126
Necessary to a choice, - - 64
Robert. M. Nimmo m;ccived - 42
John Knote received - 40
Mitchell B. Tate received - 42
There being no election, the name ofi*Mr. Knote was dropped, under
the rule.-
Mr. Fleming renominated Mr. Knote.
Ordered, that Mr. Fleming inform the senate thereof.
The roll was again called, with the following result:
For Robert M. Nimmo—Messrs. Kemper (speaker), Bass, Carpenter, Cazenove, Friend,
Garrison, Gilmer, Grattan, Jones, Lundy, Mallory, Murdaugh, R. E. Nelson, W. G.T.
Nelson, Newton. Orgain, Prince, Sheffey, Spady, Tnomas, Vaiden, J. L. Wilson, S. Wilson,
Woodson and Wright—24.
For John K note—Messrs. J. T. Anderson, F. T. Anderson, Blue, Bradford, Edmunds,
Evans, Fleming, Green, Hunter, Irby, Johnson, Joidan, Laidley, Lockridge, Mathews,
A. W. McDonald, McKinney, Pitman, Reid, Riddick, Rives, Robinson, Small, Sherrnrd,
Steger, Ward, Williams and Wootten—2H.
For Mitchell B. Tote—Messrs. Barbour, Bayse, Booton, Burks, Cecil, Clarke, H. N.
Coleman, Crockett, Dabney, R. J. Davis, Eggleston, Ewing, Flood, Franklin, Gatewood,
George, Gillespie, Harrison, Hopkins, Huntr, James, Kaufman, Kyle, McCamant, 1. E.
McDonald, Montague, Noland, Rowan, P. Saunders, It. C. Saunders, Shannon, Staples,
Tate, Thrash and Vermillion—35.
The same committee ascertained the joint vote, and Mr. Crockett
reported that vote to be :
Whole number of votes cast, - 125
Necessary to a choice, - - 65
Robert M. Nimmo received - - 49
Mitchell B. Tate received - 44
John Knote received - - - 31
Scattering, - - 1
hou.se of delegates.
301
There being no election, the name of Mr. Knote was dropped, un¬
der the rule.
The roll was again called, with the following result:
For Robert M. Nirnmo—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson,
Bass, Carpenter, Cazenove, Edmunds, Fleming, Friend, Garrison, Gilmer, Grattan, Green,
Hunter, Jones, Lundy, Mallory, Mathews. A. W. McDonald, Murdaugh, R. E. Nelson, W.
G. T. Nelson, Newton, Orgain, Prince, Reid, Robinson, P. Saunders, Sheffey, Small, Tho¬
mas, Vaiden, Ward, J. L. Wilson, S. Wilson, Woodhouse, Woodson and Wright—38.
For John Knote—Messrs. Bradford. McKiuney, Rives and Skerrurd—4.
. For Mitchell B. Tate—Messrs. Barbour, Bayse, Blue, Booton, Burks, Cecil, Clarke, H.
N. Coleman, Crockett, Dabney, R. J. Davis, Dice, Eggleston, Ewing, Flood, Franklin,
Gatewood, George, Gillespie, Harrison, Hopkins., Huntt, Irby, James, Johnson, Jordan,.
Kaufman, Kyle, Laidley, Lockridge, McCamant, I. E. McDonald, Montague, Noland, Pit¬
man, Riddick, R. C. Saunders, Shannon, Staples, Steger, Tate, Thrash, Vermillion and Wil¬
liams—44.
The same committee ascertained th« joint vote, and Mr. Crockett
reported that vote to be :
Whole number of votes cast, - 123
Necessary to a choice, - 62
Robert M. Nimmo received - - • 63
Mitchell B. Tate received - 54
Scattering, - 6
Robert M. Nimmo having received a majority of all the votes cast,
was declared duly elected general agent and storekeeper of the peni¬
tentiary for the constitutional term commencing on the 2d of January
1S63.
A message was received from the senate by Mr. Brannon, who
informed the house of delegates that the senate were ready on their
part to proceed to the further execution of the joint order, and that
there were in nomination in that body:
J. M, Bennett, for auditor of public accounts.
H. W. Thomas, for second auditor.
John S. Calvert, for treasurer.
Stafford H. Parker, for register of the land office.
George W. Munford, for secretary of the commonwealth.,
William F. Ritchie, for public printer.
Ordered, that Mr. Sheffey inform the senate that the house of
delegates was ready on its part to proceed to the farther execution
,of the joint order, and that no additional nominations had been made
in that body. .
On motion of Mr. Orattan,
Resolved, that the 43d rule of this house, so far as the same is ap¬
plicable to the pending joint order, be and the same is hereby sus¬
pended; the effect of which resolution was to have the vote recorded
for all the nominations collectively.
The roll was then called, with the following result:
For the Nominees—Messrs. Kemper (speaker), J. T. Anderson, F. T. Anderson, Barbour,
Bass, Blue, Booton, Bradford, Burks, Carpenter, Cazenove, Cecil, Clarke, H. N. Coleman,
Crockett, Custis, J. D. Davis, R. J. Davis, Dice; Edmunds, Eggleston, Evans, Ewing,
Fleming, Flood, Franklin, Friend, Garrison, Gatewood, George, Gillespie, Gilmer, Grattan,
Harrison, Hopkins, Iluntt, Irby, James, Juhnsou, Jones, Jordan, Kaufman, Kyle, Laidley,
Lockridge, Lundy, Mallory, Mathews, McCamant, A. W. McDonald, I. E. McDonald, Mon¬
tague, Murdnugh, R E. Nelson, W. G. T. Nelson, Newton, Orgain, Pitman, Reid, Riddick,
Rives, Robertson, Robinson, Rowan, P. Saunders, R. C. Saunders, Shannon, Sheffey, Small,
Sherrurd, Spady, Staples, Steger, Tate, Thrash, Vaiden, Williams, J. L. Wilson, S. Wilson,
Woodhouse. Woodson, Wootten and Wright—83.
302
JOURNAL OF THE
The Speaker announced Messrs. Grattan, Shedey, Fleming, Nel¬
son of-Louisa, Garrison, Jordan and Thrash a committee on the part
of the house, to meet a committee on the part of the senate; who
subsequently, by Mr. Grattan their chairman, reported as foil own:
Whole number of votes cast, - - - - kq
Necessary to a choice, ----- m
J. M. Bennett received, for auditor of public accounts, - 12'!
H. Jf. Thomas received, for second auditor, - - kq
John S. Calvert received, for treasurer, - - - kl
Stafford H. Barker received, for register of the land office, kl
George JV. M'unford received, for secretary of the common¬
wealth, ------ kq
William F. Ritchie received, for public printer, - - kq
Thereupon, J. M. Bennett having received a majority of all the
votes cast for auditor of public accounts, Henry JV. Thomas having
received a majority of all the votes cast for second auditor, John S.
Calvert having received a majority of all the votes cast for treasurer,
S. H. Parker having received a majority of all the votes cast for re¬
gister of the land office, G. JV. Munford having received a majority
of all the votes cast for secretary of the commonwealth, and JVm.
F. Ritchie having received a majority of all the votes cast for public
printer, the Speaker announced that the foregoing persons had been
duly, elected for the constitutional terms-of their respective olliees,
commencing on the 2d of January 1S03.
Mr. Wootten, on his own motion, was excused from attendance
on the sessions of the house until Tuesday next, inclusive.
On motion of Mr. Fleming, the house adjourned until to-morrow,
11 o'clock.
SATURDAY, March 22, 1862.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 21, 1s(>2.'
The senate have passed bills entitled :
An act compensating David W. Frobel for services connected with
the militia of Nicholas and Greenbrier counties, No. 103.
An act authorizing the receipt of Confederate States treasury notes
in payment of taxes and other public dues, No. 104.
And they have passed house bill entitled :
An act to legalize the use of certain state securities held by the
Bank of Pittsylvania as part of its capital, No. 65.
They have disagreed to a resolution from the house of delegates
exempting the printer of the court of appeals at Lewisburg from
militia duty.
They have agreed to a resolution instructing the attorney general
to litigate with the confederate government the validity of any laws
HOUSE OF DELEGATES.
303
of said government which claim the right to sequestrate or confiscate
the property held by residents of the United States in the state of
Virginia.
In which bills and resolution they respectfully request the con¬
currence of the house of delegates.
No. 103. A senate bill entitled an act compensating David W.
Frobel for services connected with the militia of Nicholas and Green¬
brier counties, was read a first and second times, and referred to the
committee on military affairs.
No. 104. A senate bill entitled an act authorizing the receipt of
Confederate States treasury notes in payment of taxes and other pub¬
lic dues, was read a first and second times, and on motion, laid on
the table.
A joint resolution instructing the attorney general to litigate with
the confederate government the validity of any laws of said'govern¬
ment which claim the right to sequestrate or confiscate the property
held by residents of the United States in the state of Virginia, was
taken up and laid on the table.
No. 81. A seriate bill entitled an act appropriating the public
revenue for the fiscal year 1861-62, was read a first and second times,
and on motion, referred to the committee on finance.
Mr. Hunter, from a special committee, presented the following
bill:
No. 172. A bill to reduce into one all acts and parts of acts and
joint resolutions for raising troops for the defence of the state, for
enrolling and embodying the militia, calling for drafts, and collecting
the arms of the state, passed at the present session of the general as¬
sembly ; which, on his motion, was read a first time, and ordered to
be read a second time. #
Mr. Evans, from the special committee in the case of Judge Pitts,
presented a report; which, on his motion, was laid on the table.
On motion of Mr. Evans,
Resolved by the general assembly, that no further action in the
case of Judge E. P. Pitts, under the resolutions of the 21st February
1862, be had during the present session, the notice required by the
aforesaid resolutions not having been given.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 2-5. A senate bill entitled an act to provide temporary ware¬
houses for tobacco, with the pending substitute thereto, was taken
up, on motion of Mr. Orgain ; and on motion of Mr. Sheffey, the
bill and pending amendment were laid on the table.
Mr. Davis of Campbell, from a special committee, presented the
following bill:
No. 171. A bill to amend and re-enact the third section of an act
passed March 5th, 1862, entitled an act to incorporate the Confede¬
rate mutual life insurance company ; which, on his motion, w'as read
a first and second times, and ordered to be engrossed and read a third
time.
The Speaker laid before the house a communication from the
304
JOURNAL OF THE
governor, enclosing a communication from the adjutant general;
which, on motion of Mr. Barbour, was referred to the special joinl
committee to-confer with the president of the Confederate States.
A communication from the governor, heretofore submitted, trans¬
mitting a communication from the adjutant general 011 the same sub¬
ject, was taken up, on motion of Mr. Barbour, and referred to the
same, committee.
No. 90. A senate hill entitled an act to sanction an ordinance ol*
the state of North Carolina, entitled an ordinance to incorporate the
Piedmont rail road company, wTas taken up, on motion of Mr. Br-
ford, laid on the table,- and made the order of the day for Monday
at 12 o'clock.
A message was received from the senate by Mr. Witter, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act for the relief of the sureties of John C. Harrison, sheriff
of Tazewell county, No. 108 : in which they respectfully requested
the concurrence of the house of delegates.
No. 82. A bill imposing taxes for the support of government,
with the amendments of the senate proposed thereto, was taken up;
and on motion of Mr. Barbour,, the 1st, 2d, 4th, 5th, Sth, 10th,
11th, 12th and- 13th amendments proposed by the senate, were
agreed-to.
The 3d amendment, including " nephew and niece" among those
exempted from taxation upon a collateral inheritance, was. dis¬
agreed to.
The 7th amendment was passed by.
The 9th amendment was disagreed to.
The question being on agreeing to the 14th amendment proposed
by the senate, wl^ich was to strike out the 32d section, and insert in
lieu thereof the following: " On every license to distill ardent spirits
from fruit, vegetables, syrups, molasses, sugar cane or sugars, if such
distillery has been in operation for the preceding year, or any part
thereof, there shall be an additional tax of ten cents per gallon on
the quantity of liquor manufactured at such distillery for the year
next preceding, or for any part thereof: provided, that thirty-three
gallons of brandy shall be exempt from the operation of this tax,
when made by the owner for his own use. A-license for the business
authorized by this section shall be obtained as other licenses are ob¬
tained, and with like penalties for a failure to obtain the same, not¬
withstanding the exemption provided for in the act passed March
30th, 1860, entitled an act making regulations concerning licenses,"
was put, and decided in the negative—Ayes 14, noes 6G.
On motion of Mr. Carpenter, the vote was recorded as follows:
Ayes—Messrs. Bass, Burks, Ewing, Gatewood, Green, Huntt, Johnson, Montague,
Newton, Pitman, Reid, R. C. Saunders, Small and Sherrard—14.
Noes—Messrs. Kemper (speaker), J. T. Anderson, Barbour, Baskervill, Bayse, Blue,
Booton, Bradford, Buford, Carpenter, Cazenove, Cecil, Clarke, Crockett, Dubney, J. D.
Davis, Dice, Edmunds, Eggleston, Evans, Fleming, Flood, Franklin, Friend, Garrison,
George, Gillespie, Gilmer, Gordon, Grattau, Harrison, Hunter, Irby, James, Joins, Jordan,
Kaufman, Kyle, Loekridge, McCamant, A. W. McDonald, I. E. McDonald, McKiuney,
McLaughlin, Murdaugh, R. E. Nelson, W. G. T. Nelson, Orgain, Prince, Riddick, Robert¬
son, Robinson, P. Saunders, Shannon, Sheffey, Spady, Staples, Steger, Tate, Thrash, West,
J. L. Wilson, S. Wilson, Woodhouse, Wright and Wynne—6t>.
HOUSE OF DELEGATES.
305
Pending the consideration of the bill and amendments, the same
were laid 011 the table, on motion of Mr. Hunter, and made the
order of the day for Monday at 11£ o'clock.
No. 158. A bill to amend, re-enact and extend an act entitled an
act to authorize the banks of the commonwealth to issue notes of
the denomination of one and two dollars, passed January 24, 1862,
being the order of the day, was taken up, on motion of Mr. Robert¬
son, and postponed to and made the order of the day for Monday at
12 o'clock.
No. 104. A senate bill entitled an act authorizing the receipt-of
Confederate States treasury notes in payment of taxes and other
public dues, was taken up, on motion of Mr. Bass, read a third time
and passed.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Bass,
Resolved, that the auditor of public accounts be instructed with¬
out delay to notify the sheriffs or other collectors of state taxes, of
the passage of the act above mentioned.
No. 87. A senate bill entitled an act to authorize field artillery to
be made and small arms purchased for th,e state, with the amend¬
ments thereto proposed by the house of delegates, and disagreed to
by the senate, was taken up.
The house insisted on its amendments.
Ordered, that the clerk communicate the same to the senate, and "
request their concurrence.
On motion of Mr. Bradford, the house adjourned until Monday,.
11 o'clock.
MONDAY, March 24, 1S62.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read a®
follows:
In Senate, March 22, 1862.
The senate have passed bills entitled : #
An act amending and re-enacting the eighth section of the twenty-
ninth chapter of the Code of Virginia (edition of 1860), No. 106.
An act to incorporate the Marengo lodge No. 109, I. O. 0. P. at
Martinsburg in the county of Berkeley, No. 110.
In which they respectfully request the concurrence of the house
of delegates.
No. 106. A senate bill entitled an act amending and re-enacting
the eighth section of the twenty-ninth chapter of the Code of Vir¬
ginia (edition 1S60), was taken up, read a first and second times,
and referred to the committee on military affairs.
No. 110. A senate bill entitled an act to incorporate Marengo
lodge No. 109, I. 0. O. F. at Martinsburg in the county of Berkeley,
39
306
JOURNAL OF THE
was taken up, read a first and second times, and referred to the com¬
mittee of propositions and grievances.
No. 10S. A senate bill entitled an act for the relief of the sureties
of John C. Harrison, sheriff of Tazewell county, was taken up, read
a first and second times, and on motion, laid on the table.
Mr. Locrridge, on his own motion, was excused from further at¬
tendance on the sessions of this house during the present session.
The report of the committee appointed to examine the bonds of
public officers, was taken up, on motion of Mr. Burks.
Mr. Burks submitted the following substitute for the second reso¬
lution of the joint committee:
" Resolved by the general assembly, that Robert M. Nimmo, as
the general agent and storekeeper of the penitentiary, is hereby re¬
quired to execute a new official bond, with sufficient security, before
the day of 1862 ; and if the said Nimmo fail to execute
euch bond before the said day, the general assembly doth hereby de¬
clare him removed from said office on the said day: but the execu¬
tion of such new bond shall not operate to discharge the said Nimmo,
or any of his sureties, from liability on account of any breach of the
condition of his official bond as general agent and storekeeper of the
penitentiary, bearing date on the 30th day of December 1860."
Mr. Burks moved to fill the blank in the resolution with the "29th
March which was agreed to.
* The question being on agreeing thereto, was put, and decided in
the affirmative—Ayes 44, noes 36.
On motion of Mr. Tate, the vote was recorded as follows:
Ayes—Messrs. Barbour, Baskervill, Booton, Bradford, Burks, Cecil, Clarke, Crockett,
J. D. Davis, Edmunds, Eggleston, Evans, Ewing, Fleming, Flood, Franklin, George,
Gillespie, Harrison, Hopkins, Huntt, Irby, James, Johnson, Kaufman, Kyle, Laidloy,
Lockridge, McKinney, Pitman, Reid, Riddick, Robertson, P. Saunders, Shannon, Small,
Staples, Steger, Tate, Thrash, Williams, Woodson, Wootten and Worsham—44.
Noes—Messrs. Kemper (speaker), F. T. Anderson, Bass, Bayse, Cazenove, Cnstis, Dice,
Garrison, Gilmer, Green, Hunter, Jones,. Lundy, Mathews, McCamint, A. W. McDonald,
I. E. McDonald, McLaughlin, Montague, Murdaugh, R. E. Nelson, W. G. T. Nelson,
Newton. Orgain, Prince, Rutherfoord, Sheffey, Sherrard, Spady, Taylor, Thomas, Ward,
,J. L. Wilson, S. Wilson, Woodhouse and Wright—36.
*
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
- Ordered, that Mr. Burks carry the same to the senate, and request
their concurrence. 9
The question being on agreeing to the following resolution of the
.committee:
"Resolved, that the committee for courts of justice be instructed to
prepare a bill prescribing a more formal and secure mode for the exe¬
cution and authentication of the official bonds of public officers, in
accordance with the requirements of this report"—was put, and de¬
cided in the affirmative.
Mr. McCamant, from the committee of propositions and grievances,
presented the following bill:
No. 173. A bill to incorporate the Big lick salt company.
Mr. Rutherfoord presented the petition of citizens of Gooch¬
land, asking the exemption from military service of the overseer of
HOUSE OF DELEGATES.
307
Captain Walter D. Leake and Lieutenant John B. Burwell; which
was ordered to be referred to the committee on military affairs.
Mr. Baskervill, from the special committee, presented the fol¬
lowing bill:
No. 175. A bill to authorize the sale of the Roanoke valley rail
road; which, on his motion, was read a first time, and ordered to be
read a second time.
Mr. Jones, from the committee 011 military affairs, presented the
following bills:
No. 176. A bill to authorize the governor to grant partial or
entire exemption from militia service in certain cases.
No. 177. A bill to amend and re-enact the 1st section of an act
entitled an act to authorize the organization of ten or more com¬
panies of rangers.
Which said bills were read a first time, and ordered to be read a
second time.
No. 164. An engrossed bill to amend the first section of an act
passed March 29th, 1858, entitled an act concerning ferries in the
counties of Russell and Wise, was taken up, on motion of Mr. Batse,
read a third time and passed.
Ordered, that Mr. Bayse 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 agreed to the
following resolution:
Resolved, that the senate ask for a committee of conference to
consider the subject of disagreement between the two houses in
relation to the bill entitled an act to authorize field artillery to be
made and small arms purchased for the state, No. 87.
The resolution was taken up and agreed to.
Ordered, that Mr. Hunter inform the senate thereof.
The Speaker announced the following committee under the reso¬
lution : Messrs. Hunter, Anderson of Rockbridge, Buford, Wynne,
and Wilson of Isle of Wight.
No. 98. A bill confiscating lands of citizens of the United States
lying west of the Alleghany mountains, and where said lands are
claimed by loyal citizens, under grants from the commonwealth, to
transfer the same to them, was taken up, on motion of Mr. Mc-
Uamant, amended, and on motion of Mr. Steger, laid on the table.
On motion of Mr. Sheffey,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of providing by law for regulating the
charges of express and rail road companies on freight sent by express.
No. 158. A bill to amend, re-enact and extend an act entitled an
act to authorize the banks of this commonwealth to issue notes of
the denomination of one and two dollars, passed January 24th, 1862,
being the special order of the day, was taken up, and read a second
time, and on motiou, was indefinitely postponed.
No. 82. A bill imposing taxes for the support of government, with
the pending amendment, being the special order of the day, was taken
JUp( -..a r\n motion of Mr. Sheffey, laid on .the table.
308
JOURNAL OF THE
No. 107. A bill to authorize certain corporations to issue notes of
and under one dollar, was taken up, on motion of Mr. Robertson.
Mr. Oegain submitted the following resolution :
Resolved, that the bill be recommitted to the committee on luniks
with instructions to report a bill requiring the banks of circulation
in this commonwealth to issue 10 per cent, on their respective capital
stocks, in notes of the denomination of one dollar;,the same to bo
redeemed on presentation, in gold or silver coin : provided, that the
said banks, whenever more than five dollars are presented at any one
time, in said one dollar notes, may redeem them or not, at their
discretion.
And the question being on agreeing thereto, was put, and decided
in the negative.
The bill was then read a second time, and ordered to be engrossed
and read a third time.
On motion of Mr. Geattan,
Resolved, that the committee for courts of justice enquire into the
expediency of fixing a commutation to be paid by those persons
whose religious tenets forbid them bearing arms.
Mr. Wootten presented the petition of citizens of Henry county,
praying the exemption of Josiah Kennon; which was ordered to be
referred to the committee on military affairs.
Mr. Flood presented the petition of Samuel A. Glover & Co.,
.asking that a portion of the sum paid by them in 1S61 for the privi¬
lege of selling goods, be refunded ; which was ordered to be referred
to the committee on finance.
No. 108. A senate bill entitled an act for the relief of the securi¬
ties of John C. Harrison, sheriff of Tazewell county, was taken up,
on motion of Mr. George, read a third time and passed—Ayes 09,
noes 3.
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Baker, Barbour, Baskervill, Buysc,
Blue, Booton, Bradford, Buford, Burks, Cazenove, Cecil, Clarke, Crockett, Didmey, J. D.
Davis, R. J. Davis, Dice, Edmunds, Egglcston, Evans, Ewiiig, Fleming, Flood, Franklin,
Gatewood, George, Gillespie, Gilmer, Grattan, Green, Huntt, Irby, James, Jolmson, Kauf¬
man, Kyle, Laidley, Lundy, Mathews, McCamant, A. W. McDonald, McKiimey, Monti-
gue, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Pitman, Prince, Reid, Rid dick, Ro¬
binson, Rutherfoord, R. C. Saunders, Shannon, Sheffey, Sherrard, Staples, Steger, Tutu,
Thrash, Vermillion, Ward, Williams, S. Wilson and Worsham—69.
Noes—Messrs. Bass, P. Saunders and Wootten—3.
Ordered, that the clerk inform the senate thereof.
No. 84. A bill imposing taxes for the support of government, with
the amendments proposed thereto by the senate, was again taken up,
,on motion of Mr. Barbour.
Certain amendments were agreed to, and certain others disagreed to.
Ordered, that the clerk communicate the same to the senate, and
jequest their concurrence.
No. 90. A senate bill entitled an act to sanction an ordinance of
ihe state of North Carolina, entitled an ordinance to incorporate the
Piedmont rail road company, with the pending amendment thereto,
being tlge special order of the day, was taken up, and postponed to
.and made the order of the day for to-morrow a# 1 o'clock.
HOUSE OF DELEGATES.
309
No. 167. A bill to carry into effect a contract with the lessees of
the Washington and Smyth salt works for the purchase of salt.
No. 168. A bill for the purchase of the Smyth and Washington
salt works and plaster banks, and to provide for their management—■
were severally taken up, on motion of Mr. Anderson of Rockbridge,
and postponed to and made the order of the day for to-morrow at 12
o'clock.
Mr. Hunter, from the committee of conference in reference to the^
disagreement of the two houses in relation to the senate bill entitled
an act to authorize field artillery to be made and small arms purchased
for the use of the state, No. 87, presented a report; which was con¬
curred in.
Ordered, that Mr. Hunter carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Newton,
Resolved, that leave be given to bring in a bill providing for con¬
tinuing in service the volunteer forces of Virginia.
The Speaker announced the following committee under the reso¬
lution : Messrs. Newton, Barbour, Saunders of Campbell, Ruther-
foord and Steger.
Subsequently, Mr. Newton, from the committee, presented the
following bill:
No. 178. A bill providing for continuing in service the volunteer
forces of Virginia; which, on his motion, was read a first time, and
ordered to be read a second time.
On motion .of Mr. Wilson of Isle of Wight,
Resolved, that a committee be appointed, with leave to bring in a
bill providing for the collecting and forwarding the claims of Vir¬
ginia against the Confederate States, to the secretary of the treasury
of the Confederate States, as recommended by the governor in his
annual message to the general assembly.
The Speaker announced the following committee : Messrs. Wilson
of Isle of Wight, Baskervill and Evans.
Subsequently, Mr. Wilson, from the committee, presented the
following bill; which, on his motion, was read a first time, and
ordered to be read a second time.
No. 179. A bill providing for collecting and forwarding the claims
of Virginia against the Confederate States, to the secretary of the
treasury of the Confederate States.
No. L60. An engrossed bill incorporating the Victoria mining and
manufacturing company of the county of Louisa, was taken up, on
motion of Mr. Newton, read a third time and passed.
Ordered, that the clerk communicate the foregoing bills to the
senate, and request their concurrence.
No. 171. An engrossed bill to amend and re-enact the third sec¬
tion of an act passed March 5tli, 1862, entitled an act to incorporate
the Confederate mutual life insurance company, was-taken up, on
motion of Mr. Davis of Campbell, read a third time and passed.
On motion of Mr. Bradford, the house adjourned until to-morrow,
11 o'clock.
310
JOURNAL OF TIIE
TUESDAY, March 25, 1862.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 24, 1862.
The senate have concurred in the report of the committee of con¬
ference on the disagreeing votes of the two houses in relation to
senate bill entitled:
i\n act to authorize field artillery to be made and small arms pur¬
chased for the state, No. 87.
They have agreed to the resolution from the house of delegates in
relation to the case of Judge E. P. Pitts.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 111. A senate bill entitled an act to provide for the trial of
persons charged with offences committed in counties in possession of
the enemy, or threatened with immediate invasion, reported the same
without amendment.
Mr. Rutherfoord, from the same committee, to whom had been
referred
No. 51. A senate bill entitled an act to redress loyal citizens, in¬
jured by the exercise of usurped power, reported the same, with the
recommendation that it do not pass.
Mr. Rutherfoord-, from the same committee, reported the follow¬
ing bills:
No. 180. A bill providing for the exemption of certain parties
upon religious grounds.
No. 181. A bill to amend and re-enact the 1st section of chapter
15 of the Code of Virginiawhich were read a first time, and ordered
to be fead a second time.
No. 44. A senate bill entitled an act providing for the collection
of taxes and other public dues in the hands of defaulting disloyal
officers, and in the hands of other persons disloyal to the state.
No. 27. A senate bill entitled an act to enforce payment of balances
due from commissioners of forfeited and delinquent lands, were seve¬
rally taken up, read a third time and passed.
No. 94. A senate bill entitled an act to relieve the sureties of
Robert Chambers, late sheriff of Boone county, was taken up, on
motion of Mr. McDonald of Wyoming, read a third time and
passed—Ayes 82.
Ayes—Messrs. Kemper (speaker), F. T. Anderson, Baker, Barbour, Baskervill, Bass,
Bayse, Blue, Bradford, Buford, Burks, Cazenove, Cecil, Clarke, Crockett, Dabuoy, J. D.
Davis, R. J. Davis, Dice, Edmunds, Eggleston, Evans, Ewing, Fleming-, Flood, Franklin,
Friend, Gatewood, Gillespie, Gilmer, Grattan, Green, Hunter, Huntt. Irby, James, John¬
son, Jones, Kaufman^ Kyle, Lundy, Lynn, Mathews, McCamant, A. W. McDonald, I. E.
McDonald, McKinney, McLaughlin, Montague, Murdaugh, E. E. Nelson, W. G.T. Nelson,
Newton, Orgain, Pitman, Prince, Reid, Riddick, Robinson, Rutherfoord, P. Maunders, R. C.
Saunders, Shannon, Shctfey, Small, Sherrard, Spady, Steger, Tate, Taylor, Thomas, Tlnasb,
Tyler, Vermillion, Ward, West, Williams, J. L. Wilson, Woodhouse, Woolfolk, Wootten,
Worsham and Wright—82.
HOUSE OP DELEGATES.
311
Ho. 156. A bill to prevent the escape of slaves in tide water coun¬
ties, was taken up, on motion of Mr. Woodiiouse, read a second
time, and ordered to be engrossed and read a third time.
On motion of Mr. Orgain,
Resolved, that the committee on finance be instructed to enquire
into the expediency of reporting a bill amending and re-enacting an
act entitled an act to prevent the unnecessary consumption of grain
by distillers or other manufacturers of spirituous and other malt
liquors, passed March 12th, 1862, with such provisions as may not
conflict with the act imposing taxes for the support of government;
and that they also enquire into the expediency of reporting a bill re¬
quiring the courts of the cities, towns and counties of this common¬
wealth, in addition to the revenue tax payable to the state, to im¬
pose for city, town and county purposes, a tax not less than twenty
cents per gallon, and above that sum, any higher tax, at the discre¬
tion of the said courts, even to prohibition ; the proceeds of said tax
to be applied exclusively to the payment of the interest and ulti¬
mate redemption of the debts contracted by said cities, towns and
counties for arming, equipping, &c. of volunteers, and the support
of their families.
Ho. 107. An engrossed bill to authorize certain corporations to
issue notes under one dollar, was taken up, on motion of Mr. Robert¬
son, read a third time, and the question being—Shall the bill pass ?
Mr. Barbour demanded the previous question ; which was sustained
by the house; and being put, was decided in the negative.
On motion of Mr. Bradford, the vote was recorded as follows—
Ayes 39, noes 46. ' ■
Ayes—Messrs. F. T. Anderson, Baker, Barbour, Baskervill, Bayse, Booton, Buford,
Cazenove, Crockett, Custis, Dabney, R. J, Davis, Evans, Flood, Garrison, Gatewood, Gil¬
mer, Grattan, Huntt, Irby, James, Kaufman, Mathews, McLaughlin, Murdaugh, R. E. Nel¬
son, W. G. T. Nelson, Pitman, Robertson, Rutheffoord, P. Saunders, Sheffey, Steger, Tate,
Taylor, Ward, Williams, Woodhouse and Wynne—39.
Noes—Messrs. Bass, Bradford, Burks. Carpenter, Cecil, Clarke, Dice, Edmunds, Eg-
gleston, Ewing, Fleming, Franklin, Friend, George, Green, Hunter, Johnson, Jones, Kyle,
Lundy, Lynn, McCamant, A. W. McDonald, I. E. McDonald, McKinney, Montague, New¬
ton, Orgain, Prince, Reid, Riddick, Robinson, Shannon, Small, Sherrard, Spady, Staples,
Thomas, Thrash, Tyler, Vermillion, West, J. L. Wilson, Woolfolk, Wootten and Wright—46.
On motion of Mr. Edmunds, leave of absence was granted the
Speaker of the house for the rest of the session.
Mr. Edmunds, submitted the following resolution:
Resolved, that the thanks of this house are eminently due and are
hereby tendered to James L. Kemper, the speaker of this house, for
the able, impartial and dignified manner in which he has discharged
the duties imposed upon him, and that he carries with him the cor¬
dial good wishes of this body for his future happiness and success.
And the question being on agreeing thereto, was put, and unani¬
mously decided in the affirmative.
The Speaker (Mr. Sheffey in the chair) appointed the following
committee tp wait on the speaker, and communicate to him the ac¬
tion of the house: Messrs. Edmunds, Hunter and Robertson.
The Speaker having resumed the chair, returned his acknowledg¬
ments to the house.
312
JOURNAL OF THE
The chair being vacated, Mr. Edmunds moved that the house pro¬
ceed to the election of a speaker pro tempore ; and the question being
on agreeing thereto, was put, and decided in the affirmative.
Thereupon, Mr. Edmunds nominated Mr. Hugh W. Siieffey, who
was appointed by a unanimous vote; and being conducted to the
chair, returned his acknowledgments to the house.
On motion of Mr. Prince,
Resolved, that the committee for courts of justice be instructed
to enquire into the expediency of reporting a bill extending the
time for fiduciaries in making out their accounts, and to prevent a
forfeiture of their commissions.
No. 167. A bill to carry into effect a contract with the lessees of
the Washington and Smyth salt works, for the purchase of salt,
being a special order of the day, was taken up, amended, and on
motion of Mr. McCamant, indefinitely postponed—Ayes 46, noes !r
On motion of Mr. Crockett, the result was recorded as follows:
Ayes—Messrs. J. T. Anderson, F. T. Anderson, Barbour, Baskervill, Bass, Bayse, Brad¬
ford, Carpenter, Cazenove, Cecil, Clarke, Dabney, Egg-leston, Ewing, Franklin, Gatewood,
George, Gilmer, Grattan, Green, Harrison, Hopkins, Hunter, Huntt, James, Johnson, .Tours,
Kyle, Laidley, McCamant, A. W. McDonald, I. E. McDonald, Montague, W. G. T. Nelson,
Newton, Orgain, Pitman, Robertson, Shannon, Sheffey, Spady, Staples, Tate, Thrash, Tyler
and Vermillion—46.
Noes—Messrs. Baker, Blue, Booton, Buford, Burks, Crockett, Custis, J. D. Davis, R. J.
Davis, Dice, Edmunds, Evans, Fleming, Flood, Garrison, Irby, Kaufman, Lundy, Lynn,
Mathews, McKinney, Murdaugh, Prince, Reid, Riddick, Rutherfoord, P. Saunders, Shenard,
Steger, Taylor, Ward, West, J. L.Wilson, S.Wilson, Woodhouse, Wootten, Worshamanil
Wright—38.
On motion of Mr. Anderson of Botetourt,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of prohibiting all persons from employing
substitutes until after they shall join their company in service, and
the substitute shall have been examined by the surgeon of the regi¬
ment or post to which the company shall be attached.
The Speaker laid before the house a communication from the
governor; which was read in secret session, and on motion, referred
to the committee on* military affairs.
No. 178. A bill providing for continuing in service the volunteer
forces of Virginia, was taken up, on motion of Mr. Newton.
Mr. Newton submitted a substitute for the bill. Pending the
consideration of which, Mr. Harrison moved the indefinite post¬
ponement of the bill and substitute; and the question being on
agreeing thereto, Mr. Wilson of Isle of Wight demanded the pre¬
vious question ; and the question being—Shall the main question be
now put ? was put, and decided in the negative—Ayes 30, noes 55.
On motion of Mr. Robertson, the vote was recorded as follows:
Ayes—Messrs. F. T. Anderson, Barbour, Bayse, Buford, Carpenter, Clarke, Custis, Dice,
Eggleston, Franklin, Garrison, Gatewood, Harrison, Jobnson, Lundy, Lynn, Mathews,
McKinney, McLaughlin, R. E. Nelson, W. G. T. Nelson, Prince, Rutherfoord, Shannon,
Shorrard, ifepady, Tyler, Ward, West, J. L. Wilson and Woodhouse—30.
Noes—Messrs. Sheffey (speaker), Baker, Baskervill, Bass, Blue, Booton, Bradford,
Burks, Cazenove, Crockett, Dabney, R. J. Davis, Edmunds, Evans, Ewing, Fleming,
Flood, George, Gilmer, Grattan, Green, Hopkins, Hunter, Huntt,, Irby, James, Jones, Kauf¬
man, Kyle, Laidley, McCamant, A. W. McDonald, Montague, Murdaugh, Newton, Oigain,
Pitman, Reid, Riddick, Robertson, Robinson, P. Saunders,"R. C. Saunders, Staples, Steger,
HOUSE OF DELEGATES. 313
Tate, Thomas, Vermillion, Williams, S. Wilson, Woodson, Woolfolk, Wootten, Worsham
and Wright—55.
Pending the further consideration of the motion for the indefinite
postponement of the bill and substitute, on motion, the special order
of the day, being
No. 168. A bill for the purchase of the Smyth and Washington
salt works and plaster banks, and to provide for their management,
was taken up and read a second time.
Mr. Bradford moved the indefinite postponement of the bill; and
the question being on agreeing thereto, Mr. Grattan demanded the
previous question; and the question being—Shall the main question
be now put? was put, and decided in the affirmative—Ayes 45,
noes 35.
On motion of Mr. Anderson of Rockbridge, the vote''was re¬
corded as follows:
Ayes—Messrs. Bayse, Booton, Bradford, Cazenove, Crockett, Dice, Edmunds, Eggle-
ston, Evans, Ewing, Fleming, Flood, Friend, Gatewood, Grattan, Green, Harrison, Hun¬
ter, Huntt, Irby, Johnson, Kaufman, Mathews, A. W. McDonald, McKinney, McLaughlin,
Murdaugh, R. E. Nelson, Newton, Prince, Reid, Rutherfoord, Sherrard, Steger, Tate, Tho¬
mas, Tyler, Ward, West, Williams, J. L.Wilson, S. Wilson, Woolfolk, Wootten, Worsham
and Wright—45.
Noes—Messrs. Sheffey (speaker), J. T. Anderson, F. T. Anderson, Baker, Baskervill,
Bass, Blue, Bnford, Burks, Clarke, Dabney, J. D. Davis, R. J. Davis, Franklin, George,
Gilmer, Hopkins, James, Jones, Kyle, Lundy, Lynn, McCamant, I. E. McDonald, Mon¬
tague, W. G. T. Nelson, Orgain, Pitman, Riddick, Robinson, Shannon, Small, Staples,
Thrash and Vermillion—35.
The question recurring upon the indefinite postponement of the
bill; was put, and decided in the affirmative—Ayes 49, noes 33.
On motion of Mr. Anderson of Rockbridge, the vote was re¬
corded as follows:
Ayes—Messrs. Baker, Bass, Bayse, Blue, Booton, Bradford, Cazenove, Crockett, Custis,
R. J. Davis, Dice, Edmunds, Eggleston, Evans, Ewing, Fleming, Flood, Friend, Gilmer,
Grattan, Green, Hunter, Huntt, Irby, Johnson, Kaufman, Laidley, Lundy, Lynn, Ma¬
thews, A. W. McDonald, McLaughlin, Montague, Murdaugh, Newton, Prince, Reid, Sher¬
rard, Steger, Tate, Thomas, Tyler, Ward, West, J. L. Wilson, S. Wilson, Wootten, Wor¬
sham and Wright—49.
Noes—Messrs. Sheffey (speaker), J. T. Anderson, F. T. Anderson, Baskervill, Buford,
Burks, Clarke, Dabney, J. D. Davis, Franklin, Gatewood, George, Harrison, Hopkins,
James, Jones, Kyle, McCamant, I. E. McDonald, McKinney, W. G. T. Nelson, Orgain,
Pitman, Riddick, Robinson, Rutherfoord, Shannon, Small, Staples, Thrash, Vermillion,
Williams and Woolfolk—33.
A message was received from the senate by Mr. Coghill, who in¬
formed the house of delegates that the senate had agreed to the joint
resolution requiring R. M. Nimmo to execute a new official bond;
and in the event of his failure to do so, providing for his removal
from office, with amendments : in which they requested the concur¬
rence of the house of delegates.
No. 90. A senate bill entitled an act to sanction an ordinance of
the state of North Carolina, entitled an ordinance to incorporate the
Piedmont rail road company, with the pending amendment, being
the special order of the day, was taken up, and postponed to and
made the order of the day for to-morrow at ll£ o'clock.
A message was received from the senate by Mr. Brannon, who
informed the house of delegates that the senate insisted upon their
40
314
JOURNAL OF THE
3d, 14th and 15tli amendments to house hill entitled an act imposing
taxes for the support of government, No. 87 ; that they had receded
from their 9tli amendment, and agreed to the amendment proposed
by the house to their 7th amendment: in which action of the senate,
they respectfully requested the concurrence of the house of delegates.
On motion of Mr. G-rattan, the house adjourned until to-morrow,
11 o'clock.
WEDNESDAY, March 26, 1862.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 25, 18G2.
The senate have passed house bill entitled :
An act to amend and re-enact the third section of an act passed
March 5th, 1.862, entitled an act to incorporate the Confederate mu¬
tual life insurance company, No. 171.
They have agreed to a joint resolution rescinding the resolutions
providing for the publication of the sketches of the acts and resolu¬
tions of the general assembly.
In which they respectfully request the concurrence of the house
of delegates.
The committee on enrolled bills having examined sundry such
bills, and found them correctly enrolled, they have been signed by
the president of the senate, and are now communicated for further
signature.
No. 87. A bill imposing taxes for the support of government, to
which certain amendments were proposed by the senate and disagreed
to by the house, and insisted upon by the senate, was taken up.
On motion of Mr. Barbour, the house insisted on its disagreement.
On motion of Mr. Barbour,
Resolved, that a committee of conference be appointed to take
into consideration the disagreement of the two houses in relation to
the said bill.
Ordered, that Mr. Barbour carry the same to the senate, and re¬
quest their concurrence.
The amendments proposed by the senate to a joint resolution re¬
quiring Robert M. Nimmo to execute a new official bond, and in the
event of his failure to do so, providing for his removal from office,
were taken up and agreed to.
A joint resolution rescinding the resolutions providing for the pub¬
lication of the sketches of the acts and resolutions of the general
assembly, was taken up and agreed to.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 183. A bill to supply vacancies in certain offices.
HOUSE OF DELEGATES.
315
Mr. Anderson of Botetourt, from the committee on military
affairs, to whom had been referred the following senate bills, re¬
ported the same without amendment:
No. 103. A senate bill entitled an act compensating David W.
Frobel for services connected with the militia of Nicholas and Green¬
brier counties.
No. 106. A senate bill entitled an act amending and re-enacting
the eighth section of the twenty-ninth chapter of the Code of Vir¬
ginia (edition 1860).
Mr. Anderson, from the same committee, presented the following
bill:
No. 185. A bill to amend and re-enact the 3d and 5th sections ol
an act entitled an. act amending and re-enacting the 2d section of
chapter 22 of the Code of Virginia, respecting persons exempt from
all military duty, and providing the mode of exemption, and de¬
claring void all exemptions from physical disability.
Mr. Barbour, from the committee on finance, to whom had been
referred
No. 81. A senate bill entitled an act appropriating the public
revenue for the fiscal year 1861-62, reported the same without
amendment.
Mr. Barbour, from the same committee, presented the follow¬
ing bill:
No. 184. A bill amending the 8th section of chapter 186 of the
Code, concerning judgment liens; which was read a first time, and
two-thirds concurring, read a second time, and ordered to be en¬
grossed and read a third time.
No. 153. An engrossed bill to incorporate the York river naviga¬
tion company, was taken up, on motion of Mr. Wright, read a
third time and passed.
On motion of Mr. Mallory,
Resolved, that a select committee of three be appointed to bring
in a bill imposing a tax on dogs in the county of Brunswick.
The Speaker announced the following committee under the reso¬
lution : Messrs. Mallory, McCamant and Lundy.
Mr. Mallory, from the committee, presented the following bill:
No. 185. A bill authorizing the county court of Brunswick county
to impose a tax on dogs; which was read a first time, and ordered to
be engrossed and read a second time ; and being forthwith engrossed,
two-thirds concurring, was read a third time and passed.
Ordered, that Mr. Mallory carry the same to the senate, and
request their concurrence. ^
No. 146. An engrossed bill incorporating the Roanoke insurance
company, was taken up, on motion of Mr. Bass, read a third time
and passed.
Ordered, that Mr. Bass carry the same to the senate, and request
their concurrence.
No. 89. A senate bill entitled an act to amend and re-enact the
Gist section of chapter 38 of the Code of 1S60, being the first sec-
316
JOURNAL OP THE
tion of an act entitled an act to prevent the circulation of small
notes, passed March 3d, 1S54, was taken up, amended, and 011 mo¬
tion laid on the table.
A message was received from the senate by Mr. Brannon, who
informed the house of delegates the senate had concurred in the re¬
solution of the house asking for a committee of conference in rela¬
tion to the disagreement of the two houses in regard to the bill
imposing taxes for the support of government.
Thereupon, the Speaker appointed the following committee on
behalf of the house: Messrs. Barbour, Robertson, Saunders of Frank¬
lin, Anderson of Botetourt, Bradford, Rutherfoord and Edmunds.
No. 90. A senate bill entitled an act to sanction an ordinance of
the state of North Carolina, entitled an ordinance to incorporate the
Piedmont rail road company, with the pending amendment, being
the special order of the day, was taken up.
Mr. Edmunds demanded a division of the question; and the ques¬
tion being on agreeing thereto, was put, and decided in the affir¬
mative.
The question being on agreeing to tlie first branch of the amend¬
ment, which is as follows :
" Provided, "That if the corporators to be organized under said
ordinance accept the provisions of this act, it shall be upon the con¬
dition that the said Piedmont rail road company shall not have power
to discriminate on either freight or travel, against the Richmond and
Danville rail road, or any other rail road in Virginia connected there¬
with"—was put, and decided in the affirmative.
The question recurring on agreeing to the second branch of the
amendment, which is as follows :
" And upon the further condition that the connection of said Tied-
mont rail road with the Richmond and Danville rail road, hereby
authorized, shall be made at some point south of Dan river, at or
near the town of Danville, unless, in the opinion of the president of
the Confederate States, the military interests of the country require
such connection to be made elsewhere; in which event, such con¬
nection may be made at such point as the president of the Confede¬
rate States shall approve"—was put, and decided in the affirmative.
On motion of Mr. Buford, the vote was recorded as follows—
Ayes 55, noes 36 :
Ayes—Messrs. Sheffey (speaker), Baker, Barbour, Bayse, Booton, Buford, Carpenter,
Cazenove, Cecil, Clarke, Crockett, Dabney, R. ,T. Davis, Dice, Eggleston, Evans, Ewing,
Fleming, Fletcher, Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Green, Harrison,
Huntt, Irby, Johnson, Jones, Kaufman, Lundy, Mallory, McKinney, R. E. Nelson, W. G. T.
Nelson, Pitman, Prince, Riddick, Robertson, Robinson, Shannon, Sherrard, Spady, Staples,
Steger, Taylor, Thrash, Vermillion, Ward, J. L. Wilson, Woodhouse, Wootten and Wor-
eham—55.
Noes—Messrs. J. T. Anderson, F. T. Anderson, Baskervill, Bass, Blue, Bradford, Burks,
H. N. Coleman. Custis, J. D. Davis, Edmunds, Garrison, Grattan, Hopkins, Hunter, Kyle,
Laidley, Mathews, McCamant, A. W. McDonald, I. E. McDonald, Montague, Murdaugh,
Newton, Orgain, Reid, Rutherfoord, P. Saunders, R. C. Saunders, Tate, West, Williams,
S. Wilson, Woolfolk, Wright and Wynne—30.
The bill, as amended, was then read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
HOUSE OF DELEGATES.
317
No. 181. A bill to amend and re-enact the first section of chapter
1 f) of the Code of Virginia, was taken up, on motion of Mr. Ruther-
foord, 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. Rutherfoord carry the same to the senate, and
request their concurrence.
No. 81. A senate bill entitled an act appropriating the public
revenue for the fiscal year 1S61-62, was taken up, read a third time
and passed—Ayes 83.
Ayes—Messrs. Sbeffey, (speaker),. J. T. Anderson, Baker, Barbour, Baskervill, Bass,
Bayse, Blue, Booton, Burks, Cazenove, Clarke, H. N. Coleman, Crockett, Custis, Dabney,
J. D. Davis, R. J. Davis, Dice, Edmunds, Evans, Ewing, Fleming, Fletober, Flood,
Franklin, Friend, Garrison, Gatewood, George, Gillespie, Gilmer, Grattan, Harrison, Hop¬
kins, Hunter, Huntt, Irby, James, Johnson, Jones, Kaufman, Kyle, Laidley, Lynn, Mal-
lory, Mathews, McCamaut, A. W. McDonald, McKinney, Montague, Murdaugh, R. E.
Kelson, W. G. T. Nelson, Newton, Orgain, Pitman, Prince, Reid, Riddick, Robertson,
Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Small, Sherrard, Steger, Tate, Taylor,
Thrash, Tyler, Vermillion, Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse,'
Woodson, Woolfolk, \yootten, Worsliam, Wright and Wynne—83.
Ordered, that the clerk inform the senate thereof.
No. 71. A senate bill entitled an act refunding to Sutton & Doziej*
a sum of money paid on erroneous assessment, was taken up, and
the recommendation of the committee on finance that it do not pass,
concurred in.
Resolved, that the bill be rejected.
A message was received from the senate by Mr. Coghill, who
informed the house of delegates that the senate had passed the fol¬
lowing bills:
A senate bill entitled an act providing for annual sessions of the
general assembly, No. 130.
A senate bill entitled an act to authorize vacancies to be filled pro
tempore in certain offices after the ratification of the amended con¬
stitution, No. 131.
And have agreed to a joint resolution requiring the auditor and
other state officers and corporations, in the event of the ratification
of the amended constitution, to make annual reports.
In which said bills and resolution they respectfully request the
concurrence of the house of delegates.
Mr, Blue submitted the following preamble and resolution; which
being objected to, was laid over under the rule:
Whereas the board of public works having ordered a meeting of
the stockholders of the Alexandria, Loudoun and Hampshire rail
road company to be held in Winchester on the 15th January last,
and the meeting having failed for want of a quorum to transact
business, and having failed since by adjournment from time to time
to insure a quorum :
Be it resolved, that the board of public works be authorized to
call a meeting of the stockholders of said Alexandria, Loudoun and
Hampshire rail road company, to be held in the city of Richmond,
-by giving five days' notice in one or more of the Richmond papers.
No. 17. A senate bill entitled an act providing payment for horses
318
JOURNAL OF THE
taken in the service of the state, was taken up, amended and read a
third time ; and the question being—Shall the bill pass? the roll \w-
called, with the following result—Ayes 53, noes 34:
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, F. T. Anderson, Raker, Riiskenill,
Bass, Bayse, Blue, Bradford, Carpenter, Cazenove, H. N. Coleman, Pahney, R.J. Djuii,
Dice, Ewing, Fleming, Flood, Franklin, Grattan, Green, Hunter, Huntt, Irby, James,
Jon£s, Kaufman, Laidley, Lynn, Mathews, McCaniant, A. W. McDonald, McLaughlin,
Murdaugh, W. G. T. Nelson, Orgain, Pitman, Reid, Eiddiek, Robinson, Kuthorfoonl,
Small, Sherrard, Steger, Thomas, Tyler, Ward, Williams, J. L. Wilson, S. Wilson, Wool-
folk, Wright and Wynne—53.
Noes—Messrs. Barbour, Booton, Clarke, Crockett, J. D. Davis, Edmunds, Eggleston,
Fletcher, Friend, Garrison, Gatewood, Gilmer, Harrison, Hopkins, Johnson, Kyle, Lumly,
Mallory, I. E. McDonald, McKinney, Montague, Newton, P. Saunders, R. C. Saunders,
Shannon, Spady, Tate, Taylor, Thrash, Vermillion, West, Woodhouse, Wootten and Wnr-
sham—34.
Resolved, that the bill be rejected.
On motion of Mr. Edmunds, the rule was suspended, with a view
to reconsider the vote rejecting the bill; and the bill laid upon the
table.
On motion of Mr. Anderson of Rockbridge, leave of absence was
granted him for the remainder of the session. ^
A message was received from the senate by Mr. Wiley, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act incorporating the Roanoke insurance company, with
an amendment: in which they respectfully requested the concurrence
of the house of delegates.
On motion of Mr. Bass, the amendment was agreed to.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Jones, the rule was suspended, with a view to
reconsider the vote by which '
No. 167. A bill to carry into effect a contract with the lessees of
the Washington and Smyth salt works, for the purchase of salt, was
rejected—Ayes 46, noes 40.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), F. T. Anderson, Baker, Baskervill, Blue, Booton, Car¬
penter, Crockett, Dabney, J. D. Davis, R. J. Davis, Dice, Edmunds, Evans, Fleming,
Fletcher, Flood, Garrison, Irby, James, Jones, Kaufman, Mallory, Mathews, McKinue),
McLaughlin, Murdaugh, E. E. Nelson, W. G. T. Nelson, Orgain, Prince, Reid, Kiddiek,
P. Saunders, Sherrard, Thrash, Ward, West, Williams, J. L. Wilson, S. Wilson, Wood-
house, Woolfolk, Wootten., Worsham and Wynne—46.
Noes—Messrs. J. T. Anderson, Barbour, Bass, Bayse, Bradford, Cazenove, Clarke, ii.
N. Coleman, Eggleston, Ewing, Franklin, Frieud, Gatewood, George, Gillespie, (liliner,
Grattan, Green, Harrison, Hopkins, Hunter, Johnson, Kyle, Laidley, Lynn, McCamant,
A. W. McDonald, i. E. McDonald, Moutague, Newton, Pitman, Robertson, Eutherfourd,
Shannon, Spady, Steger, Tate, Tyler, Vermillion and Wright—40.
Mr. McCamant submitted the following resolution :
Resolved, that this house will take a recess, from 3 to 74 o'clock
P. M. each day for the remainder of the session. Pending the con¬
sideration of which,
On motion of Mr. Barbour, the house adjourned until to-morrow,
11 o'clock.
HOUSE OF DELEGATES.
319
THURSDAY, March 27, 1862.
Prayer by Rev. Dr. Doggett of the Methodist church.
A communication from the senate, by their clerk, was read ai
follows:
In Senate, March 26, 1862.
The senate have passed a bill entitled :
An act for the relief of John H. Haskins, sheriff of Amelia, and
his sureties, No. 101.
In which they respectfully request the concurrence of the house
of delegates.
No. 101. A senate bill entitled an act foy the relief of John H.
Haskins, sheriff of Amelia, and his sureties, was taken up, read a
first and second times, and on motion, read a third time and passed—
Ayes 73, noes 6.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Bass, Bayse, Blue, Booton,
Bradford, Carter, Cecil, Clarke, Crockett, Custis, Daniel, Dice, Eggleston, Ewing, Flem¬
ing, Fletcher, Flood, Franklin, Friend, Gatewood, George, Gillespie, Gilmer, Grattan, Har¬
rison, Hopkins, Hunter, Irby, James, Johnson, Jones, Kaufman, Kyle, Laidlev, Lundy,
Lynn, Mathews, McCamant, A. W. McDonald, I. E. McDonald, McLaughlin, Montague,
R. E. Nelson, W. G. T. Nelson, Orgain, Pitman, Prince, Reid, Riddick, Robinson, Ruther-
foord, P. Saunders, R. C. Saunders, Sherrard, Staples, Steger, Taylor, Thomas, Thrash, Ty¬
ler, Vermillion, Walker, Ward, West, S.Wilson, Woodhouse, Woodson, Woolfolk, Wootten
' and Worsham—73.
Noes—Messrs. Barbour, J. D. Davis, Edmunds, Newton, Tate and J. L. Wilson—6. .
No. 130. A senate bill entitled an act providing for annual ses¬
sions of the general assembly, was taken up, read a first and second
times, and on motion, was read a third time and passed.
No. 131. A senate bill entitled an act to authorize vacancies to be
filled pro tempore in certain offices after the ratification of the
amended constitution, was taken up, read a first and second times,
and on motion, read a third time and passed.
A joint resolution requiring the auditor and other state officers
and corporations, in the event of the ratification of the amended
constitution, to make annual reports, was taken up and agreed to.
Mr. McCamant, from the committee of propositions and grievances,
to whom had been referred
No. 110. A senate bill entitled an act to incorporate Marengo
lodge No. 109, I. O. O. F. at Martinsburg in the county of Berkeley,
reported the same without amendment.
No. 180. A bill providing for the exemption of certain parties
upon religious grounds, was taken up, on motion of Mr. Hopkins,
and read a second time.
Mr. Hopkins submitted, by way of amendment, a substitute for
the bill.
Mr. James moved the indefinite postponement of the bill and sub¬
stitute ; and the question being on agreeing thereto, Mr. Barbour
demanded the previous question ; which was sustained by the house;
and being put, was decided in the negative.
The question recurring on agreeing to the substitute, Mr. Wool-
folk moved to lay the bill on the table.
320
JOURNAL OF THE
Mr. Taylor demanded tlie previous question ; which was sustained
by the house; and being put, was decided in the negative.
The substitute was then agreed to. The bill as amended was then
read a second time; and the question being—Shall the bill he en¬
grossed and read a third time ? Mr. Barbour demanded the previous
question; which was sustained by the house; and being put, was
decided in the affirmative ; and being forthwith engrossed, two-thirds
concurring, was read a third time.
Mr. Anderson of Botetourt submitted a ryder to the bill; which
was read a first and second times, and ordered to be engrossed and
lead a third time; and the question being—Shall the bill pass? Mr.
Mallory demanded the previous question; which was sustained by
the house ; and being put, was decided in the affirmative.
On motion of Mr. Woolfolk, the vote was recorded as follows—
Ayes 79, noes 18 :
Ayes—Messrs. Skeffey (speaker), J. T. Anderson, Baker, Barbour, Bass, Bayse, Blur,
Bradford, Buford, Carpenter, Carter, Cazenove, Cecil, Clarke, H. N. Coleman, Crockett,
Custis, Dabuey, Daniel, J. D. Davis, R. J. Davis, Edmunds, Eggleston, Ewing, Flt'iuinp,
Flood, Gatewood, George, Gillespie, Gilmer, Grattan, Green, Harrison, Hopkins, lluntiT,
Huntt, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lundy, Mathews, McCamunt,
A. W. McDonald, I. E. McDonald, McLaughlin, Montague, W. G. T. Nelson, Newton,
Orgain, Pitman, Prince, Reid, Riddick, Robertson, Robinson, P. Saunders, R. C. Saunders,
Shannon,' Small, Sherrard, Spady, Steger, Tate, Taylor, Thomas, Thrash, Vermillion,
Walker, Ward, West, Williams, J. L. Wilson, Woodhouse, Woodson, Wootten and
Wright—79.
Noes—Messrs. Baskervill, Booton, Burks, Fletcher, Franklin, Friend, Garrison, James,
Lynn, Mallory, Murdaugh, R. E. Nelson, Rives, Rutherfoord, Staples, S. Wilson, Woolfolk
and Worsham—18.
Ordered, that Mr. Grattan carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate by Mr. Thomas of Henry,
who informed the house of delegates that the senate had passed the
following bill:
No. 4. A senate bill entitled an act to suspend sales and legal
proceedings in certain cases, and to repeal an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1861, by the convention'
of Virginia: in which they respectfully requested the concurrence
of the house of delegates.
A. message was received from the. senate by Mr. Ball, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to carry into effect a contract made with the lessees of
the Washington and Smyth salt works, for the purchase of salt, No.
126:-in which they requested the concurrence of the house of
delegates.
On motion of Mr. Carter,
Resolved, that a special committee be appointed to consider and
report on the application of Captain John M. George and others, for
wages due them by the United States government for keeping a light
boat on Windmill point, at the mouth of the Rappahannpck river,
Lancaster county, Virginia.
The Speaker announced the following committee, under the reso¬
lution : Messrs. Carter, Custis, Tate, Evans, and Wilson of Isle of
Wight.
HOUSE OF DELEGATES,
321
Or, motion of Mr. Woodson,
Resolved, that leave be given to bring in a bill refunding to Wil¬
liam S. Sliowalter of Rockingham county, Virginia, a portion of the
license tax paid by him as a merchant for the year 1861.
The Speaker announced the following committee, under the reso¬
lution : Messrs. Woodson, Reid and Harrison.
Mr. Taylor submitted the following resolution:
Resolved by the general assembly of Virginia, that Dr. Linnaeus B.
Anderson of Hanover county be exempted from military service,* on.
account of ill health, he having hectic fever, which renders him unfit
for military service, and having been prevented by sickness from
appearing before the board of exemption of Hanover county to ob¬
tain his discharge; which, on motion of Mr. West, was indefinitely
postponed.
Mr. West moved to take up the resolution heretofore submitted,
fixing the time for the meeting of this house at 10 o'clock A. M.
o o
Mr. McCamant moved to amend the resolution, by substituting
therefor the resolution heretofore submitted by-him; which is as
follows:
"Resolved, that this house will'take a recess from 3 to 7J o'clock
P. M. each day, for the remainder of the session."
The question being on agreeing thereto, was. put, and decided in
the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
Mr. Bass presented the petition of citizens of Roanoke, praying
the exemption of William Duiguid, a founder, from military service
which, on motion, was referred-to the committee on military affairs.
No. fl. A senate hill entitled an act to redress loyal citizens in¬
jured by the exercise of usurped power, was taken up, read a third
time, and on motion of Mr. Saunders of Franklin, recommitted to
the committee for courts of justice.
The following senate bills were read a third time and passed:"
No. 102. A senate bill entitled an ati-t authorizing the auditor'oF
public accounts to suspend the institution of legal proceedings-
against sheriffs in certain counties.
No. 106. A senate bill entitled an act amending and re-enacting;
the eighth section of the twenty-ninth chapter of the Code of Vir¬
ginia (edition 1860).
No. 110. A senate bill entitle'! an act to incorporate Marengo*
lodge No. 10.0, I. O. O. F. at Martinsburg in the county "of Berkeley.
No. 111. A senate bill entitled an act to provide for the trial of'
persons charged with offences committed in counties in possession of
the enemy, or threatened with immediate invasion.
Ordered, that the clerk inform the senate thereof.
The following senate bills were read a third time, and on motion,
laid on the table :
. No. 03. A senate bill entitled an act for the relief of Robert
Shield, late sheriff of the county of York.
No. 103. A senate bill entitled an act compensating David W,
41
322
JOURNAL OF THE
Frobel for services connected with the militia of Nicholas and (Jivni-
brier counties. •
The following engrossed bills were read a third time'and passed:
No. 81. An engrossed bill entitled a bill prescribing penalties
against illegal assessments and collection of taxes.
No. 137. An engrossed bill entitled a bill to incorporate the Hills-
,ville military academy in the county of Carroll.
No. 143. An engrossed bill entitled a bill providing for loans to
supply temporary deficiencies in the treasury—rAyes 79'.
Ayes—Messrs. Sheffey (speaker), Baker, Baskervill, Bass, Bayse, Blue, Booton, Ihifunl,
Burks, Cazenove, Clarke, II. N.^Colemau, Crockett, Custis, Dalmey, Daniel, J'. J. J )nvi',
Dice, Edmunds, Eggleston, Ewilig, Fleming, Fletcher, Flood, Franklin, Friend, Garrison,
Gatewood, George, Gillespie, Gilmer. Green, Hunter, Huntt, Irby, James, Johnson, .Jones,
Jordan, Kaufman, Kyle, Laidley, Lundy, Lynn, Mallory, Mathews, McCamant, A. W,
McDonald, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgaiu, Bitnian, Bunco,
Reid, Riddick, Rives, Robertson, Robinson, P. Saunders, Shannon, Sherrard, Small, Spiidy,
Staples, Steger, Tate, Thrash, Walker, Ward, West, Williams, J. L. Wilson, S. Wilson,
Woodhouse, Woolfolk, Wootten and Worsham—79.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The Speaker laid before the house a communication from Judge
E. P. Pitts; which, on motion, was laid on the table.
A message was received from the senate by Mr.. Armstrong, who
informed the house of delegates that the senate had passed a bill
entitled an act to provide for a currency of notes-of less denomination
than five dollars: in which they respectfully requested the eonc.ur-
rene'e of the house of delegates.
No. 14S. An engrossed bill requiring the reconstruction of the
bridge across Jacksoij's river, at Woodward's in the county of Alle¬
ghany, was taken up and read .a third time; and the question being-
Shall the bill pass? the roll was called, with the following result-
Ayes 30, noes 28 :
Ayes—Messrs. Sheffey (speaker), Baker, Baskervill, Bass, Bine. Carpenter, Cazeninc, II.
N. Coleman, Crockett, Daniel, Dice, Eggb ston, Fleming, Gatewood, George, Gillespie, lihy,
•.Johnson, Jordan, Kaufman, Laidley, Lynn, Mathews, McCamant, A. W. McDonald, I. 1'.
McDonald, McKinney, Montague, Murdaugh, W. G. T. Nelson, Orgain, Pitman, SliuvrarJ,
Tate, Walker and Ward—36.
Noes—Messrs. Bayse, Clarke, Custis, Edmunds, Fletcher, Garrison, Gilmer, Green, TTar-
rison, Jones, Lundy, Mallory, Newton, Prince, Rcid, Riddick, Rives, Robinson, Shannon,
Small, Staples, Steger, Vermillion, West, Williams, J. L. Wilson, Woodhouse aud Wool-
folk—*8.
Resolved, that the bill be rejected.
No. 142. An engrossed bill to amend and re-enact section 19 of
chapter 14 of the Code of Virginia, was taken up and read a third
time; and the question being—Shall the bill pass? the roll wad
called, with' the following result—Ayes 40, noes 30 :
Ayes—Messrs. Sheffey (speaker), Baker, Baskervill, Boss, Bayse, Blue, Booton, Buford,
Cazenove, H. N. Coleman, Daniel, J. D. Davis, R. J. Davis, Dice, Ewing, Fleming, Flood,
Garrison, Gatewood, George, Gillespie, Gilmer, Jordan, Kaufman, Laidley, Mathews, McCa¬
mant-, Montague, R. E. Nelson, Orgain, Pitman, Prince, Reid, Robertson, Robinson, Steger,
Tate, Williams, S. Wilson and Woodhouse—40.
Noes—Messrs. Carpenter, Crockett, Edmunds, Eggleston, Fletcher, Franklin, Friend,
Green, Huntt, James, Johnson, Kyle, Lundy, Lynn, Mallory, A. W. McDonald, I. E. Me-.
Donald, McKinney, McLaughlin, Murdaugh, W. G. T. Nelson, Newton, Riddick, Rivi,
Shannon, Small, Spady, Staples, Taylor, Thrash, Vermillion, Walker, West, Woulfulk,
Wootten and Worsham—36.
HOUSE OF DELEGATES.
323
Resolved, that the bill be rejected.
The following engrossed bills were read a third time,'and on
motions severally made, laid on the table:
No. 155. A bill to repair the road from Saltville to Tazewell
courthouse.
No. 50. A bill "to regulate proceedings under the second section
of ordinance No. 70, entitled an ordinance to prohibit citizens of
Virginia from holding office under the United States government,
passed by the convention of Virginia on the 27th day of June 1861.
No. 138. A bill amending and re-enacting section 17 of chapter
64 of the Code of Virginia.
On motion of Mr. Mallory, the chair was vacated until o'clock.
EVENING SESSION.
The following engrossed" bills were read a third time and passed;
No. 166.' An engrossed bill entitled a bill to amend and re-enact
the 63d ordinance of the convention, authofizing banks to change
tlieir places of business.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
No. 184. An engrossed bill entitled a bill amending *the Sth sec¬
tion of chapter 186 of the Code, concerning judgment liens.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 156. An engrossed bill entitled a bill to prevent the escape of
slaves in tide water counties, was taken np, read a third time, and
on motion, was laid upon the table.
Mr. Barbour, from the committee of conference in relation to the
disagreement of the two houses in regard to the bill imposing taxes
for the support of government, presented a report.
A message was received from the senate by Mr. Brannon, who in¬
formed the house of delegates thbt the senate had agreed to the re¬
port of the joint committee of conference in relation to the tax bill:
in which they respectfully request the concurrence of the house of
delegates.
And the question being on agreeing to the report of the committee
of conference, Mr; Mallory demanded the previous question ; which
was sustained by the house; and being put, was decided in the
affirmative—%kyes 44, noes 39.
On motion of Mr. Prince, the vote was recorded as follows :
Ayes—Messrs. Slieffey (speaker), J. T. Anderson, Baker, Bass, Bayse, Bine, Crockett,
Custis, Dabney, J. D. Davis, K. J. Davis, Edmunds, Evans, Ewing, Fleming, Franklin,
Gate wood, Gordon, Grattan, Green, Harrison, .Hunter, Huntt, Irby, James, Johnson,
Kaufman, Mallory, Mathews. MeCamant, A. W. McDonald, I. E.. McDonald, Montague,
Pitman, Ko.id, Rutherfobrd, P. Saunders, R. C. Saunders, Shannon, Small, Steger, Tate,
Tomlin, Walker and Woodhouse—44.
Noes—Messrs. Barbour, Baskervill, Booton, Cazenove," Clarke, H. N. Coleman, Dice,
Fletcher, Flood, Friend, George, Gillespie, Gilmer, Hopkins, Jones, Kyle, Lundy, Lynn,
McLaughlin, Murdaugh, R. E. Nelson, W. G. T. Nelson, Orgain, Prince, Riddick, Rives,
Robertson, Sherrard, Thomas, Thrash, Vaiden, Vermillion, West, Williams, J. L, Wilson,.
8. Wilson, Woolfolk, Wootten and Worsham—3'J.
JOURNAL OF THE
Ordered, that Mr. Barbour inform the senate, thereof.
No. 69. A senate bill entitled an net to provide a curroiiey of
notes of less denomination than five dollars, was taken np, road a
first*and second times, and referred to the committee on banks.
No. 15-5. An engrossed bill entitled a bill to repair the road from
Saltville to Tazewell courthouse, was taken up, read a third time
and passed—Ayes 67, noes 16.
Ayes—Messrs. Slicffey (speaker), J. T. Anderson, Baker, Barbour, Buskerviil, Bins,
Bayse, Blue, Booton, Cazenuve, Clarke, IB N. Coleman, Crockett, Dnbncy, J. 1). Puvis,
R. J. Davis, Dice, Ewing, Fleming, Franklin, Friend, Gatewood, George, Gillt'spie, Gilmer,
Gordon, Hopkins, Hunter, Irby, James, Johnson, Jones, Kaufman, Kylo, Lnidley, Lynn,
Mathews, McCamant, A. W. McDonald, I. E. McDonald, McLaughlin, Montague, Mux-
•daugh, R. E. Nelson, W. G. T. Nelson, Orgain, Pitman, Prince, Reiil, Ridditk, Robertson,
Robinson, Rutherf'oord, R. C. Saundersr Shannon; Slierrard, Sfeger, Tate, Thomas, Thrush,
Tomlin, Vermillion, Walker, Williams, S. Wilson, Woodhouse and Woolfolk—|J7.
NOES—Messrs. Custis, Edmunds, Fletcher, Green, Harrison, Huntt, Lnndr, Mallory,
Rives, P. Saunders, Small, Vaiden, West, J. L. Wilson, Wootten and Wor,sham—1(5.
Ordered, that Mr. George carry the same to the' senate, and
request their concurrence.
The following .bills^were read a second time, and ordered to be
engrossed and read a third time :
No. 152. A bill conferring the privilege Upon the citizens of York
county to hold precinct elections in the courthouse of Janies City.
No. 154. A.bill for the relief of Major R. S. Billups.
No. 175.- A bill to authorize the sale of the Roanoke valley rail
road, was taken up, amended, and as amended read a second time,
and ordered to be engrossed and read a third time.
No. 172. A bill to reduce into one all acts and parts of acts and
joint resolutions for raising troops for the defence of the state, for
enrolling and embodying the militia, calling for drafts, and collecting
the arms of the state, passed at the present session of the general
assembly, was taken up, and on motion, was laid on the table.
On motion of Mr. Mallory, the house adjourned until to-morrow,
I I o'clock.
FRIDAY, March 28, 1862.
Prayer by Rev. Dr. Doggett of the Methodist church.
A communication from the senate, by their clerk, was read as
follows r ~
In Senate,' March 27, 1802.
The senate have agreed to the amendment of the house of dele¬
gates to senate bill entitled :
An act to sanction an ordinance of the state of North Carolina
entitled an ordinance to incorporate the Piedmont rail road company,
No. 90.
They have passed bills entitled :
An act to amend and re-enact an ordinance of the convention, enti¬
tled an ordinance concerning the office of adjutant, passed June 2bth,
.1861.
HOUSE OF DELEGATES.
325
An act to authorize the auditor of public accounts to settle the
claim of the commonwealth agairistth'e sureties of John A.M. Lusk,
late sheriff of Rockbridge county, No. 114.
They have passed house bills entitled :
An act to pay to John Kelley, surviving partner of Kelley & Lar-
guey, the amount of a judgment of the circuit court of the city of
Richmond'against the board of public works, No. 130.
An act releasing a lien to the Richmond and Petersburg rail road
company, No. 119.
An act to amend the second section of the act incorporating the
Thornrose cemetery at Staunton, No. 112.
An act incorporating the Savings bank for small earnings of the
city of Richmond, No. G2.
An act to incorporate the York river navigation'company, No. 153.
An act incorporating the Victoria mining and manufacturing- com¬
pany in the county of Louisa, No. 160.
An act concerning the sinking-fund, No. 126.
And they have passed with amendments house bills entitled:
An act for-the relief of Robert Cooke, No. 114.
An act for the relief of Archibald M. Taylor, No. 129.
An act to incorporate the Fredericksburg insurance company, No.
159.
An act amending an act passed the 28th day of March 1861, enti¬
tled an act amending the charter of the town of Union in the county
of Monroe, No. 145.
They have rejected house bill entitled :
An act to compensate Samuel S. Bryant for certain services as
prosecutor in the hustings court of Danville, No. 113.
They have agreed to a resolution concerning army and navy offi¬
cers, and to a resolution in relation to certain coupon bonds held by
C. W. Purcell & Co. and R. H. Maury & Co.
In which amendments, bills and resolutions they respectfully re¬
quest the concurrence of the house of delegates.-
No. 126. A senate bill entitled an act to carry into effect a con¬
tract made with the lessees of the Washington and Smyth salt
works, for the purchase of salt, was read a first and second times,
and on motion of Mr. Mallory, read a third time; and the question
being—Shall the bill pass? Mr. Hopkins moved the indefinite post¬
ponement of the bill; and the question being on agreeing thereto,
was put, and decided in the negative—Ayes 27, noes 59.
On motion of Mr. Prince, the vote was recorded as follows:
Ayes—Messrs. Barbour, Bayse, Cazenove, Cecil, Clarke, Erring, Franklin, George, Gil¬
lespie, Green, Harrison, Hopkins,'Huntt, Johnson, Kyle, McCamaut, A. W. McDonald, I.
E. McDonald, Newton, Robertson, Robinson, Shannon, Small, Steger, Tate, Vermillion
•and Walker—27. '
Noes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Bass, Blue, Booton, Bradford,
Burks, H. N. Coleman, Crockett, Daniel, J. D. Davis, R. J. Davis, Dice, Edmunds, Eg-
glcston, Evans, Fleming, Fletcher, Flood, Gatewood, Gordon, Hunter, Irby, James, Jones,
Jordan, Lundy, Lynn, "Mallory, Mathews, McKinney, Montague, Murdaugh,R. E. Nelson,
W. G. T. Nelson, Orgain, ritman, Prince, Reid, Riddick, Rives, Rutherfoord, P. Saunders,
jfvhorrard, Spady, Thomas, Tyler, Vaiden, Ward, West, Williams, J. L. Wilson, S. Wilson,
Woodhouse, Woodson, Woolfolk, Wootten and Worsham—59-
32 G
JOURNAL OF TIIE
The question being—Shall the bill pass? the roll was called with
the following result—Ayes 59, noes 35:
Ayes—Messrs- Sheffey (speaker), J. T. Anderson, linker, Baskenill, Bass, I tin**, liootoii,
Bradford, Burks, H. N. Coleman,. Crockett, Dalmev, Daniel, ,J. D. Davis, it. J. Bin is,
Dice, Edmunds, Evaus, Fleming, Fleteliev, Flood, Gnfowood, Gilmer, Hunter, Irby, Junius,
Jones, Jordan, Lundy, Lynn, Mallory, Mathews, MeKinney, McLaughlin, Murdmtgh, R,
E. Nelson, W. G. T. Nelson, Prince, Reid, Riddiek, Rives, R.utherl'oord, 1'. Saumli rs,
Sherrard, Staples, Thomas, Tyler, Vaiden, Walker, Ward, West, Williams, J. L. Wilsaii,
S. Wilson, Woodkouse, Woodson, Woolfolk, Wootten and Worsliam—5ff.
Noes—Messrs. Barbour, Bayse, Carpenter, Cazenove, Cecil, Clarke, Eggleston, Bwinc,
Franklin, George, Gillespie, Gordon, Green, Harrison, Hopkins, liuntt, Johnson, K\lr,
Laidley, McCamant, A. W. McDonald, I. E. McDonald, Montague, Orgain, Pitman,/ku-
bertson, Shannon,-Small, Spady, Steger, Tate, Thrash and Vermillion—,'5J.
No. 4. A senate bill entitled an act to' suspend sales and legal
proceedings in certain cases, and to repeal an ordinance to provide
against the sacrifice of property, and to suspend proceedings in cer¬
tain cases, passed on the 30th day of April 1801, by the convention
of Virginia, was read a first and second times.
The bill was then amended, on motion of Mr. Burks.
Mr. Hunter moved further to amend the bill, by striking out in
the 4th line of the 1st section, the following words : " executed prior
to the 30th day of April 1S01" (the effect of which was to prevent
all sales under deeds of trust). Pending the consideration of which,
Mr. Mallory moved the indefinite postponement of the bill and
amendment; and the question being on agreeing thereto, Mr. Car¬
penter demanded the previous question; which was sustained by
the house; and being put, was decided in the negative—Ayes :>9,
noes 50.
On motion of* Mr. Mallory, the vote was recorded as follows:
Ayes-—Messrs. Barbour, Baskcrvill, Bayse, Booton, Bradford, Carpenter, Cecil, Clarke,
II. N. Coleman, J. D. Davis, Edmunds, Eggleston, George, Gillespie, Green, Huntt, Kauf¬
man, Kyle, Mallory, McCamant, A. W. McDonald, I. E. McDonald, McLaughlin, Mur-
dangh, R. E. Nelson, Newton, Orgain, Prince, Rives, Robinson, Small, Hhermrd, Thomas,
Thrash, Vermillion, J. L. Wilson, Woodhousc, Wootten and Worsliam—J'J.
Noes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Bass, Blue, Buford, Burks,
Cazenove, Crockett, Custis, Dabney, Daniel, R. J. Davis, Dice, Evans, Fleming, Flctchir,
Flood, Garrison, Gatcwood, Gilmer, Gordon, Harrison, Hopkins, Hunter, Irby, James, John¬
son, Jones, Jordan, Laidley, Lundy, Lynn, Mathews, Montague, W. G. T. Nelson, Pitman,
Reid, Riddiek, Robertsou, Rutherfoord, P. Saunders, Shannon, Spady, Staples, Steger, Tate,
Tomlin, Tyler, Vaiden, Walker, West, Williams, S. Wilson, Woodson and Woolfolk—hi).
The question recurring on agreeing to the amendment submitted
by Mr. Hunter, was put, and' decided in the negative—Ayes 44,
noes 50.
On motion of Mr. Burks, the vote was recorded as follows:
•
Ayes—Messrs. Barbour, Baskervi'l, Bayse, P.ooton, Bradford, Buford, Cazenove, Cecil,
H. N. Coleman, Crockett, Custis, Dabney, Daniel, J. D. Davis, Dice, Eggleston, Ewinp,
Fleming, Fletcher, Flood, Franklin, Gatewood, George, Gillespie, Harrison, Hopkins, Hun¬
ter, James, Johnson, Lynn, McCamant, Montague, Newton, Orgain, Pitman, Prince, Shan¬
non, Shoirard, Staples, Vaiden, Walker, West, Williams and J. L. Wilson—44.
Noes—Messrs. Sheffey (speaker), Baker, Bass, Blue, Burks, Carpenter, R. J. Bavin,
Edmunds, Evans, Garrison, Gilmer, Green, Hunts, Irbv, Jones, Jordan, Kaufman, Kyle,
Laidley, Lundy, Mallory, Mathews, A. W. McDonald, I. E. McDonald, MeKinney, Mc¬
Laughlin, Murdaugh, R. E. Nelson, W. G. T. Nelson, Reid, Riddiek, Rives, Robertson,
Rutiierfooid, P. Saunders, R. C. Saunders, Small, Spady, Steger, Tate, Thrash, Tyler, Vir-
ruillion, Ward, S- Wilson, Woodhousc, Woodson, Woolfolk, Wootten and Worsliam—bO.
On motion of Mr. Prince,
Resolved, that during the remainder of this session no member
HOUSE OF DELEGATES.
327
gliall be allowed for the discussion of any measure, a longer time
than five minutes.
Mr. Green moved further to amend the bill, by striking out in
the 6th section the following: " Nor to the annual collection of in¬
terest now due or hereafter accruing on any debt or obligation which
existed on the said 30th day of April 1861; and the courts are
authorized and empowered to hear and determine all claims and de¬
mands for such interest, and to enforce the same by ordinary process
of law;" and the question being on agreeing thereto, was put, and
decided in the negative—Ayes 33, noes 59.
On motion of Mr. Green, the vote was recorded as follows:
Ayes—Messrs. Barbour, Baskerviil, Bradford, Carpenter, J. D. Davis, Dice, Edmunds,
Eggkston, Gatewood, George, Gillespie, Green, Harrison, Huntt, Johnson, Laidley, Mal-
lory, A. W. McDonald, I. E. McDonald, Mc-Kinney, McLaughlin, Newton,' Orgain, Pit¬
man, Shannon, Small, Sherrard, Thomas, Yaiden, Ward, Williams, J. L. Wilson and Wor-
slmm—3 3.
Noes—Messrs. Sheffey (speaker), Baker, Bass, Blue, Booton, Buford, Burks, Cazenove,
Clarke, H. N. Coleman, Crockett, Custis, Dabuey, Daniel, R. J. Davis, Evans, Ewing,
Fleming, Fletcher, Flood, Franklin, Friend, Gilmer, Gordon, Hopkins, Hunter, Irhy,
James, Jones, Jordan, Kaufman, Kyle, Lundy, Lynn, Mathews, McCamant, Montague,
Murdaugh, R. E. Nelson, W. G. T. Nelson, Prince, Reid, Riddick, Rives, Robertson, Ru-
tlierfoord, P. Saunders, R. C. Saunders, Spady, Staples, Steger, Tate, Thrash, Vermillion,'
West, S. Wilson, Woodhouse, Woodson, Woolfolk and Wootten—59.
Mr. Saunders of Franklin moved to amend the bill, by adding to
the beginning of the 3d section the following: "Except with the
consent of the parties thereto ';" and the question being on agreeing
thereto, was put, and decided in the affirm ativqp
•Mr. Woodson moved further to amend the bill in the I'Oth section,
by striking out the following words: " nor shall it apply, where a
surety, guarantor or endorser (or his personal representative) of any
person bound by contract, if a right of action has accrued thereon
prior to the said'30th day of* April 1861, shall give the notice to*the
creditor forthwith to institute suit thereon, required by the fourth
section of chapter one" hundred and forty-six of the Code of Vir¬
ginia;'.' and the question being on agreeing thereto, was put, and
decided in the affirmative.
Mr. Steger submitted the following as an independent section :
"Be it further enacted, that no creditor shall have the benefit of
the provisions of the exceptions of this act, who shall refuse payment
of his-debt, or of any interest which may have accrued thereon, the
recovery of which is herein-before permitted, when the same has
been tendered prior to the institution of the suit, in such currency
as is receivable in payments to the state."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Mr. Harrison submitted a substitute to the bill, as follows:
'"1. Be it enacted by the general assembly, that the sheriff or
other officer who shall have levied or may hereafter levy a writ of
fieri facias or venditioni exponas, or a distress warrant, may take from
the debtor, a bond with sufficient surety, payable to the creditor,
reciting the service of such writ or warrant, and the amount due
thereon (which amount shall include the officer's fee for taking the
bond, and bis commission arfd other lawful charges, if any), with
a28
JOURNAL OF THE
condition to pay the said amount, with interest thereon from the date
of said bond till paid. Whereupon, the property so levied upon
shall be restored to the debtor, and "the bond so taken shall be re¬
turned, as in case of a forthcoming bond, and shall constitute a lieu
on the realty of the obligors, to the same extent and in the same
manner as forfeited forthcoming bonds returned to the clerk's office
now do, and judgment may be had' 011 such bonds in the same mari¬
ner and by the same proceedings as judgments may be obtained on
forthcoming bonds under existing laws; but no execution shall issue
on such judgment until provided by law.-
2. If 110 such bond be given, it shall be the duty of the sheriff or
other officer to convene three freeholders from the vicinage, who,
after being sworn, shall proceed to value the property so levied on;
in no case valuing the same at less than the market value of such
property as 'the market stood on the Gth day of November lS(i().
The said sheriff or other officer shall then proceed to advertise and
offer for sale said property in the manner now provided by law; and
unless the said property shall sell'for the full amount of such valua¬
tion, it shall be restored to the debtor without lieu.
3. There shall be no sales made under deeds-of trust or deems,
until otherwise provided by law, except in cases in which the parties
interested consent thereto; and in cases in which any of said parties
being incompetent, by reason of infancy or other disability, to give
such consent, a court of competent jurisdiction shall determine that
the interests of the parties would be promoted by such sale: pro¬
vided, that this section shall not be construed to require the consent
of persons not residing in this state as necessary to any such sales:
and provided further,, that this section shall not apply to any attach¬
ment or proceedings thereupon authorized by chapter .151 of the
Code of Virginia.
4. This- act shall not -apply to liabilities-on the: part of public
officers or their sureties, or to debts or liabilities to the common¬
wealth, or to debts or liabilities due by persons who do not reside in,
or have absconded from, or taken up arms against this common¬
wealth, 01* who, when required, shall fail or refuse to.take the oath
to support the constitution of the Confederate States.
5. The time during which this act is in force shall not be com¬
puted in any case where an action is required to be brought or other
proceedings to be bad or acts to be done within a certain time now
prescribed by law.
6. Be it further enacted, that the ordinance entitled an ordinance
to provide against the sacrifice of property, and to suspend proceed¬
ings in certain cases, passed by the convention of Virginia on the
30th day .of April 1 SGI, be and the Tsame is hereby repealed; but
such repeal shall not affect any right established, accrued or accruing
under, or remedy or relief provided by the second, third and seveuth
sections of said ordinance.
7. This act shall be in force from its passage."
And the question being on agreeing thereto, Mr. Nelson of Louisa,
demanded the previous question; which was sustained by the house;
aijd being put, was decided in the negative.
HOUSE OF DELEGATES. 329
The bill as amended was then read a third time ; and the question
Being—Shall the bill pass? was put, and decided in the affirmative—
Ayes 57, noes 34. •
On motion of Mr. Mallory, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Bass, Bayse, Blue, Buford,
Burks, Custis, Daniel, R. J. Davis, Dice, Evans, Evving, Fleming, Fletcher, Flood, Frank¬
lin, Friend, Garrison, Gilmer, Gordon, Iiopkins, Hunter, Irby, Johnson, Jones, Jordan^
Laidlev, Lundy, Mathews, Montague, Murdaugh, R. E. Nelson. W. G. T. Nelson, Pitman,
Reid. Kiddick, Rives, Robertson, Eutherfoord, P. Saunders, R. C. Saunders, Shannon, Sta¬
ples, Steger, Tate, Vaiden, Walker, Ward, West,'Williams, S. Wilson, Woodhonse, Wood¬
son, Woolf'olk and Wootteu—57.
Noes—Messrs. Barbour, Baskervill, Booton, Bradford, Carpenter, Cazenove, Clarke, H.
N. Coleman, Crockett, Edmunds, Eggleston, Gatewood, George, Gillespie, Grattan, Green,
Harrison, Huntt, James, Kyle, Lynn, Mallory, McCamant, A..W. McDonald, McLaughlin,
Newton, Orgain, Robinson, Small, Sherrard, Thomas, Vermillion, J. L. Wilson and Wor-
sham—34.
Ordered, that Mr. Burks carry the same to the senate, and request
their concurrence.
A message was received from the senate by Mr. Christian, the
senator from Augusta, who informed the house of delegates that the
senate had passed house bill entitled an act providing for the exemp¬
tion of certain parties upon religious grounds, No- 180, with amend¬
ments: in which they requested the. concurrence of the house of
delegates.
A message was received from the senate by Mr. Christian, the-
senator from Middlesex, who informed the house of delegates that,
the senate had agreed to a joint resolution relative to certain militia¬
men of the county of Middlesex: in which they respectfully requested
the concurrence of the house of delegates.
On motion of Mr. Evans, the resolution was taken up. Pending
the consideration of which, the hour of 3 o'clock having arrived', the
chair was vacated until 7J o'clock.
EVENING SESSION-
The Speaker laid before the house a communication from the
governor, enclosing a report of the adjutant general; which was
read, and on motion, laid on the table.
No. 114. A senate bill entitled an act to authorize the auditor of
public accounts to settle the claim of the commonwealth against the
sureties of John A. M. Lusk, late sheriff of Rockbridge county, was
read a first and second times, and referred to the comqiittee on mili¬
tary affairs.
No. 113. A senate bill entitled an act to amend" and re-enact an
ordinance of the convention entitled an ordinance concerning the
office of adjutant, passed June 28th, 1861, was read a first and se-
cohd times, and referred to the committee on finance.
The amendment proposed by tlie senate to house bill entitled an
act for the relief of Archibald M. Drew, was taken up and con¬
curred in.
The amendment proposed by the senate to house'bill entitled an
act for the relief of Robertson Cooke, was taken up and concurred*- in.
42
330
JOURNAL OF THE
The amendments proposed by the senate to house bill entitled an
act to incorporate the Fredericksburg insurance company, were
taken up and concurred in*
The amendment proposed by the senate to house bill entitled an
act passed the 28th day of March 1861, entitled an act amending the
charter of the town of Union in the county of Monroe, was taken
up and concurred in.
A joint resolution concerning army and navy officers, was taken
up, and on motion, laid on the table.
A joint resolution in relation to certain coupon bonds held by
C. W. Purcell & Co. and R. H. Maury & Co., was taken up, and re¬
ferred to the committee on finance.
A preamble and joint resolution relative to certain militiamen of
the county of Middlesex, being the unfinished business of the morn¬
ing session, was taken up ; and the question being on agreeing
thereto,•Mr. Rutiierfoord demanded the previous question ; which
was sustained by the house; and being put, was decided in the
negative—Ayes 42, noes 43.
On motion of Mr. Walker, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Buford, Carpenter, Clarke, II.
N. Coleman, Crockett, Custis, R. J. Davis, Dice, Egglcston, Evans, Ewing, Ceorpc, Oil-
lespie, Gilmer, Gordon, Irby, Jones, Jordan, Laidley, Mathews, McCamant, I. E, Mc¬
Donald, Montague, R. E. Nelson, Reid, Riddick, Robertson, Robinson, Shannon, Staples,
Tate, Thomas, Vuhb'n, V#rmillion, Ward, Woodhouse, Woolfolk, Wootten and Wynne—42.
Noes—Messrs. Baker, Barbour, Bayse, Blue, Booton, Carter, J. D. Davis, Edmunds,
Fleming, Fletcher, Franklin, Gatewood, Grattan, Green, Harrison, Hopkins, Hunter,
Huntt, James, Kyle, Lundy, Lynn, Mallory,A. W. McDonald, Murdaugh, Newton, Orgain,
Payne, Pitman, Rives, Ruthcrtbord, P. Saunders, Small, Slierrard, Steger, Thrash, Tomliu,
Walker, "West, Williams, S. Wilson, Woodson and Worshain—43.
Mr. Saunders of Franklin, from the co'mmittee of roads and in¬
ternal navigation, presented the following bills:
No. 186. A bill amending and re-enacting the 25th section of
chapter 61 of the Code, so as to regulate the tolls chargeable by
works of internal improvement on parcels or packages forwarded by
or for persons in the military or naval service.
No. 187. A bill to regulate the charges by express companies on
parcels or packages forwarded by or for persons in the .military or
naval service in-time of war, insurrection or invasion.
Mr. Flood, from the committee on finance, presented the follow¬
ing bill:
No. J88. A bill defining the persons who may obtain a license;
which was, on his motion, read a first .time, and two-thirds concur¬
ring, read a second time, and ordered to be engrossed and read a third
time.
Mr. Anderson, from the committee on military affairs, presented
the following bill: . • «
No. 190. A bill to incoqxwate the Maryland society for the relief
of sick and disabled Maryland soldiers and refugees; which, on his
motion, was read a first time, and two-thirds concurring, read a
second time, and ordered "to be engrossed and read a third time.
Mr. Anderson, from the same committee, presented an adverse
report to sundry resolutions and petitions to said committee referred.
HOUSE OF DELEGATES.
331
Mr. CaeteE, from a special committee, presented the following
bill: .
No. 191. A bill for the relief of John M..George, Thomas E. In¬
gram and others, being the officers and crew of the Windmill point
light vessel; which, On his motion; was read a first time, and ordered
to be read a second time.
No. L03.' A senate bill entitled an act compensating David W.
Frobel for services connected with the militia'of Nicholas and Green¬
brier counties, was taken up, on motion, of Mr. Huntt, read a third
time and passed—Ayes 67, noes "4.
Ayes—Messrs. Sheffey (speaker), J.T.Anderson, Baker,Baskervill, Bass, Blue, Buford,
Carpenter, Carter, H. N. Coleman, Crockett, Custis, R. J. Davis, Dice, Edmunds, Eggleston,
Evans, Fletcher, Flood, Gatewood, Gilmer, Gordon, Grattan, Green, Harrison, Hopkins,
Huntt, Irby, James, Jones, Jordan, Kaufman, Laidley, Mathews, McCamant, A. W. Mc¬
Donald, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, Reid,
Riddick, Rives, Robinson, Rutherfoord, P. Saunders, Small, Sherrard, SfTacly, Staples, Ste¬
ger, Tate, Tomlin, Yaiden, Walker, Ward, Williams, J. L. Wilson, S. Wilson, Woodhouse,
Woodson, Woolfolk, Wootten and Wynne—67.
Noes—Messrs Booton, Mallory, Thrash and West—4.
Ordered, that the clerk inform the senate thereof.
No. 88. A senate bill entitled an act to organize a regiment of
pikemen for the confederate service, was read a third time and
passed—Ayes 72, noes 6.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Barbour, Baskervill, Bass,.
Bayse, Blue, Booton, Buford, Carter, Clarke, H. N. Coleman, Crockett, Custis, J. D. Davis,
Dice, Eggleston, Ewing, Fleming, Fletcher, Flood, Franklin, Garrison, Gatewood, George,
Gillespie, Gilmer, Gordon, Green, Harrison, Irby, J.ordan, Kaufman, Kyle, Lttndy, Lynn,
Mallory, Mathews, McCamant, A. W.'McDonald, Montague, Murdaugh, R. E. Nelson,
W. G. T. Nelson, Newton, Payne, Pitman, Reid, Riddick, Rives, Robinson, Rutherfoord,
Shannon, Spady, Staples, Tate, Thomas, Thrash, Tomlin, Yaiden, Vermillion,"Walker,
Ward, West, J. L. Wilson, S. Wilson, Woodhouse, Woolfolk, Wootten, Worskam and
Wynne—72.
Noes—Messrs. Grattan, Flopkins, Jones, P. Saunders, Steger and Williams—6.
Ordered, that the clerk inform the senate thereof.
No. 26. A bill to refund a sum of money to George R. Baylor,
paid for a license tax, was taken up, and on motion of Mr. Tomlin,
laid on the table;.
Mr. Bass presented the petition of sundry citizens of Roanoke
county, praying the exemption of Samuel J. Burke from military
service under the late proclamation of'the governor; which Was or¬
dered to be referred to the committee on military affairs.
No. 175. An engrossed bill to authorize the sale of the Roanoke
valley rail road, was read a third time; and the question being—
Shall the bill pass? the roll was called, with the following result—
Ayes 56, noes 26 :
Ayes—Messrs: Sheffey (speaker), J. T. Anderson, Baker, Baskervill, Bass, Blue, Booton,
Carter, Clarke, Crockett, Custis, J. D. Davis, Dice, Eggleston, Fletcher, Flood, Gatewood,
George, Gordon, Green, Hopkins, Hunter, Jones, Jordan, Kaufman, Laidley, Lundy, Lynn,
Mallory, Mathews, McCamant, A. W. McDonald, McKinney, Montague, Murdaugh, R. E.
Nelsou, W. G. T. Nelson, Payne, Pitman, Reid, Rutherfoord, P.Saunders, Shannon, Spady,
Thrash, Vaiden," Vermillion, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson,
Woolfolk, Worsham and Wynne—56.
Noes—Messrs. Barbour, Bayse. Buford, H. N. Coleman, R. J. Davis, Edmunds, Ewing,
Fleming, Franklin, Garrison, Gillespie, Gilmer, Grattan, Harrison, Irby, Kyle, Newton,
Riddick, Rives, Robertson, Staples, Steger, Tate, Tomlin, West and Wootten—26.
Resolved, that the bill be rejected.
332
JOURNAL OF THE
On motion of Mr. Grattan, the rule was suspended, with a view
to reconsider the-vote rejecting the bill, and the bill laid on the table.
On motion of Mr. Coleman, the house adjourned-until to-morrow,
11 o'clock.
SATURDAY, March 29, 1862.
Prayer by Rev. Dr. Doggett of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 28, 1SG2.
The senate have passed house bills entitled :
An act to incorporate the Hillsville military academy in the county
of Carroll, No. 137.
An act providing for loans to supply temporary deficiencies in the
treasury, No. 113.
An act to repair the road from Saltville to Tazewell courthouse,
No. 155.
An act prescribing penalties against illegal assessments and col¬
lection of taxes, No. 81.
And they have passed with amendments house bill entitled:
An act authorizing the county court of Brunswick county to im¬
pose a tax on dogs, No. 185.
They have passed bills entitled:
An act to amend and re-enact the 1st section of the act entitled
an act to extend the jurisdiction and enlarge the powers of the cor¬
poration of the borough of Norfolk, passed February 4th, ISIS, No.
115.
An act declaring the standard of a cord measure, No. 127.
An act amending and re-enacting the 39th chapter of the Gode in
relation to taxes on dividends, certain .estates of decedents, process
in suits, official seals, deeds, wills, administrations, and foreign in¬
surance companies, No. 9.
In which amendments and bills they respectfully request the con¬
currence of the house of delegates.
No. 115. A senate bill entitled an act to amend and re-enact the
1st section of the act entitled an act to extend the jurisdiction and
enlarge the powers of the corporation of the borough of Norfolk,
passed February 4th, 1818, was read a first and second times, and on
motion of Mr. Baker, read a third time and passed.
No. 127. A senate bill entitled an act declaring the standard of a
cord measure, was read a first and second times, and referred to the
committee of poposifions and grievances.
No. 9. A senate bill entitled an act amending and re-enacting the
39th chapter of the Code in relation to taxes on dividends, certain
estates of decedents, process in suits, official seals, deeds, wills, ad¬
ministrations, and foreign insurance companies, was read a first and
second times," and referred to the committee on finance.
HOUSE OF DELEGATES.
333
The amendments proposed by the senate to house .bill entitled an
act authorizing the county court of Brunswick county to impose a
tax on dogs, No. 1S-5, and to house bill*entitled an act providing for
the exemption of certain parties upon religious grounds, No. 186,
were agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Pitman, from the committee on military affairs, to whom had
been referred
No. 113. A senate bill entitled an act to amend and re-enact an
ordinance of th'e convention entitled an ordinance concerning the
office of adjutant, passed June 28th, 1*861, reported the same with¬
out amendment.
Mr. Newton, from the committee on finance, to whom had been
referred
No. 114. A senate bill entitled an act to authorize the auditor of
public accounts to settle the claim of the commonwealth against
the sureties of John A. M. Lusk, late sheriff of Rockbridge county,
reported the same without amendment.
Mr. Newton, from the same committee, to whom had been referred
a joint resolution in relation to'certain coupon bonds held by C. W.
Purcell & Co- and R. H. Maury & Co., reported the same with a
recommendation that it do pass.
Mr. Montague presented the petition of Messrs. Smith & Rock, in
relation to the manufacture of grain into whisky; which was ordered
to be referred to the committee of propositions and grievances.
A message was received 'from the senate by Mr. Johnson, who
informed the house of delegates that the senate had agreed to the
amendments proposed by the house of delegates" to senate bill entitled
an act to suspend sales and legal proceedings in certain cases, and to
repeal an ordinance to. provide against the sacrifice of property, and
to suspend proceedings in certain cases, passed on the 30th day of
April 1861, by the convention of Virginia, No. 4.
A message was received from the senate by Mr. Garnett, who
informed the'house of delegates that the senate had agreed to a joint
resolution to exempt a certain number of workmen in manufactories
of agricultural implements: in which they respectfully requested
the concurrence of the house of delegates.
No. 69. A senate bill entitled an act to provide a currency of
notes of less denomination than five dollars, was taken up and
amended.
Mr. Bradford moved to amend the bill, by inserting as an inde-r
pendent section, to come in after the 3d section, j;he following:
" Be it further enacted, that the several cities, towns and counties
of this commonwealth be and they are hereby authorized to issue as
currency notes or bills of and under the denomination of one dollar,
in sums equal to the amount they may have respectively authorized
\o he 'appropriated, and which has been actually appropriated by
them for arming and equipping their volunteers, and supporting the
families of those who are indigent and in'service; but the amount
authorized by this section to be issued by any city or town shall not
3° f
0o~* JOURNAL OF THE
be in addition to the amount authorized by the next preceding
section."
And the question being on agreeing thereto, was put, and derided
in the affirmative—Ayes 48, noes 29.
Ayes—Messrs. Sheffey (speaker), Raker, Barbour, Bass, Bayso, Ronton, Bradford, l'u-
ford, Carter, Cazenove, H. N. Coleman, Crockett, J. 1). Davis, Die, Ewing, Fit niiir;,
Fletcher, Franklin, Friend, Gatcwood, George, Gillespie, Gilmer, Green, Hopkins, Iliinlir,
Jones, Kaufman, Lundy, Lynn, McCainant, A. \V. McDonald, McLaughlin, Wf. (<. T
Felson, Orgain, Pitman, Riddick, Robertson, Sherrard, Thomas, Verniillion, Walker, Waul,
West, Williams, S. Wilson, Woodson and Wright—*18.
Noes—Messrs. J. T. Anderson, Basket" vill, Burks, Clarke, R. J. Davis, Eggleston, Plnml
Garrison, Gordon, Harrison, Irby, Johnson, I. E. McDonald, Montague, R. E. Nelson
Newton, Payne, Reid, Rives, Kutherfoord, P. Saunders, R. C. Saunders, Shannon, Small,
Spady, Steger, Tate, Tyler, Yaiden, Wiodliottse and Worsbam— ill).
Mr. Woodson submitted the following, to come in as an indepen¬
dent section, after the 4th section :
" Be it further enacted, that for the purpose of redeeming the
notes issued by.the counties, cities and towns of this commonwealth,
under the provisions of this act, the courts of such counties, cities
and towns as may issue such notes are required to levy upon the sub¬
jects of taxation mentioned in the 5th section of chapter fifty-three of
the Code of Virginia of 1SG9, an amount sufficient to redeem thirty-
three and a third per cent, of the amount of such notes in circulation
at the time of such levy in the years 1802 and 18G3, and at the time
cf the annual levy in the year 1854, the said counties, cities ami
towns shall levy upon said subjects of taxation an amount sufficient
to redeem all such notes as may then be in circulation ; such re¬
demption to be made in such funds as are receivable in payment of
dues to the commonwealth."
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Mr. McDonald of Hampshire submitted a substitute for tlie.bill;
■and the question being on agreeing thereto, was put, and decided in
the negative.
The bill as amended was then read a third time ; and the question
being—Shall the bill pass"? was put, and decided in the affirmative—
Ayes 48, noes 39.
On motion of Mr. McDonald of Hampshire, the vote was recorded
as follows:
Ayes—Messrs. Sheffey (speaker), J. T. Anderson,-Baker, Bayse, Boolon, Bradford, Car¬
ter, Cazenove, H. N. Coleman," Crockett, Custis, li. J. Davis, Dice, Egglcstoii, Ewinj,',
Fletcher, Flood, Friend, Garrison, Gatewoud, Gilmer, Graltan, Hopkins, Hunler, lib),
Kaufman, Lundy, Mathews, McCamant, R. E. Nelson, Pitman, Reid, Riddick, Robertson,
Robinson, Small, Sherrard, Spady, Steger, Taylor, Thomas, Walker, Ward, West, Wil¬
liams, S. Wilson, Woodhou.se and Woodson—48.
Notts—Messrs. Barbour, Baskc rvill, Bass, Blue, Burks, Clarke, J. 3). Davis, Flcmiii",
Franklin, George, Gillespie, Gordon, Green, Hirrison, Johnson, Jones, Luidley, Lynn, A.
W. McDonald, I. E. McDonald, Montague, W. G T. Nelson, Newton, Orgain, Pajrii',
Rives, Rutlierfoord, P. Saunders, Shannon, Staples, Tate, Thrash, Tyler, Vaid< n, Yeimil¬
lion, J. L. Wilson, Worshain and Wright—I'D.
Ordered, that Mr. Robertson carry the same to the senate, and ro»
quest their concurrence.
A message was received from the senate by Mr. Lynch, who in¬
formed the house of delegates that the senate had passed a bill euti-
HOUSE OF DELEGATES.
335
tied an act providing for and regulating the salary of the third clerk
in the treasurer's department: in which they respectfully requested
the concurrence of the house of delegates.
A message was received from the senate by Mr. Robertson, who
informed the house of delegates that the senate had passed, with an
amendment, house bill entitled an act authorizing the erection of a
gallery hi the hall now occupied by the Confederate States congress:
.in which amendment they respectfully requested the concurrence of
the house of delegates.
A message was received from the senate by Mr. Newman, who in¬
formed the house of delegates that the senate had passed a bill to
amend and re-enact the 63d ordinance of the convention authorizing
banks to change their places of business, with an amendment: in
which they respectfully requested the concurrence of The house of
delegates.
And that they had agreed to a joint resolution creating a board to
examine the treasury notes of the state of Virginia which have or
may he hereafter redeemed or canceled: in which they requested
the concurrence, of the house of delegates.
Mr. Barbour, from the joint committee to confer with the presi¬
dent of the Confederate States, to whom had been referred certain
communications of the governor, presented a report; which was or¬
dered to be laid on the table and printed, together with a previous
report of said committee, and the messages of the governor to said
committee referred,
Mr. Green moved that the injunction of secrecy be removed from
the proceedings of the house of delegates,
Mr. Bradford moved to amend the motion, by removing the in¬
junction of secrecy only from the reports of the committee and the
messages of the governor.
Pending the consideration of which, the hour of 3 o'clock having
arrived, the chair was vacated until 7 A o'clock.
EVENING SESSION.
The unfinished business of the morning session, being the resolu¬
tion submitted by Mr, Green' to remove the injunction of secrecy
from all proceedings* of the house of delegates during the present ses¬
sion, with the substitute therefor Submitted by Air. Bradford, to re¬
move the injunction of secrecy as to the reports of the committee and
the messages of the governor, was taken up, and the question being
on agreeing to the substitute, was put, and decided in the affirmative.
The question recurring oi? agreeing to the motion as amended, Air,
Grattan demanded the previous question; which was sustained by
the house; and being put, was decided in the negative.
No. 177. A bill to amend and re-enact the first section of an act
entitled an act to authorize the organization of ten companies of ran¬
gers, was taken up, on motion of Air. Anderson of Botetourt, and
read a second time.
336 JOURNAL OF THE
Mr. Saunders of Campbell movotl the indefinite postponement ol
the bill; and the question being on agreeing thereto, Mr. Ckvttvn
demanded the previous question; which was sustained by the house;
and being put, was decided in the negative—Ayes 10, noes (5-1.
On motion of Mr. Anderson of Botetourt, the vote was recorded
as follows:
Ayes—Messrs. Burks, R. J. Davis, Fleming, Hunter, Laidlcv, II. (J. Summers, Slmn-
non, Steger, Tate and Worskam—10.
Noes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Bask civil 1, Iktysr\ lllno,
Booton, Clarke, Crockett, Custis, J. 1). Davis, Dice, Eggleston, Fwing, Fletclicr, Flood,
Franklin, Gatewood, George, Gillespie, Gilmcv, Gordon, Grattau, Given, Hanismi, ilmiit,
Irby, James, Johnson, Jones, Kaufman, Lundy, Lynn, Mallory, Mathews, McCain tut, \
W. McDonald, McLaughlin, JR. E.,Nelson, Newton, Payne, Pitman, Rcid, Riddick, liin,«,
Robinson, Rutherfoord, Small, Sherrard, Staples, Thomas, Thrash, Tonilin, Tyk r, \ im'i n,
Ycrmillion, Walker, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woouson and \\on|.
folk—64.
The bill wrts then read a second time, and ordered to he engrossed
and read a third time.
On motion of Mr. Tomlin,
Resolved, that a special committee be appointed to enquire into
the expediency of reporting a bill amending the act creating an ord¬
nance department, passed at the last session of the general assem¬
bly, in accordance with the ordinance of the convention in relation
thereto.,
The Speaker announced the following' committee under the reso¬
lution: Messrs. Tomlin, Barbour, Baskervill, Davis of Campbell, ami
Riddick.
Subsequently, Mr. Tomlin, from the committee, presented the fol¬
lowing bill:
No. 192. A bill to amend and re-enact an act entitled an actio
create an ordnance department, passed January 25th, 1SG1; which,
on his motion, was read a first time, and ordered to be read a second
time; and two-thirds concurring, 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 70.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Baskervill, Buyw, llluc,
Booton, Bijrks, Clarke, H. N. Coleman, Crockett, Custis, J. D. Davis, R. J. Davis, Bice,
Eggleston, Ewing, Fleming, Fletcher, Flood, Franklin, Gatewood, George, Gillespie, (Jil-
mer, Gordon, Graitan, Green, Harrison, Hopkins', Hunt?, Irby, James, Johnson, Jones,
Kaufman, Laidlev, Lundy, Lynn, Mallory, Mathews, MeCamant, A. W. McDonald, Mc¬
Laughlin, E. E. Nelson, Newton, Payne, Pitman, Ec;d, Riddick, Rives, Robertson, Robin¬
son, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Small, Sherrard, Staples, Stiver,
Tate, Thomas, Thrash, Tomlin, Tyler, Vaiden, Vermillion, Walker, Williams, J. L. Wilson,
S. Wilson, Woodhouse, "Woodson, Woolfolk and Worshum—76.
Ordered, that Mr. Tomlin carry the same to the senate, and re¬
quest, their concurrence.
On motion of Mr. McDonald of Hampshire, the rule was sus¬
pended, with a view to reconsider the vcrfe rejecting
No. 126. A senate bill entitled an act to carry into effect a con¬
tract made with the lessees of the Washington and Smyth salt works,
for the purchase of salt, and the bill laid on the table.
Mr. Saunders of Campbell moved to suspend the rule, with a
view to reconsider the vote by which the house ordered the printing
of the reports of the joint committee and the messages of the go-
HOUSE OF DELEGATES.
337
vernor; and the question being on agreeing thereto, on motion of
Mr. Saunders of Campbell, the motion was laid on the table.
No. 99. A senate bill entitled an a-ct for the relief of E. A. W.
Ilore, late sheriff of Stafford county, was taken up, on motion of
Mr. Lynn, read a third time and passed—Ayes 73.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Baskervill, Bayse, Blue, Bootoii,
Burks, Ckrke, Crockett, Custis, J. D. Davis, R. J. Davis,> Dice, Eggleston, Ewiug,
Flouring, Fletcher, Flood, Franklin, Catewood, George, Gillespie, Gilmer, Gordon, Grattau,
<h 'on, Hopkins, Hunter, Huntt, Irby, James, Johnson, Jones, Kaufman, Laidley, Lundy,
Lynn, Mallory, Mathews, McCamant, A. W. McDonald, McLaughlin, R. E. Nelson, New¬
ton, Payne, Pitman, Reid, Riddick, Rives, Robinson, Rutherfoord, P. Saunders, R. C.
Saunders, Shannon, Small, Sherrard, Spady, Staples, Steger, Tate, Thomas, Thrash, Tom-
lin, Tyler, Vaidon, Yormillion, Walker, Williams, J. L.Wilson, S.Wilson, Woodhouse,
Woodson, Woolfolk and Worsham—73.
Ordered, that the clerk inform the senate thereof.
No. 113. A senate bill entitled an act to amend and re-enact an
ordinance of the convention, entitled an ordinance concerning the
office of adjutant, passed June 28, 1SG1, was read a third time and
passed.
No. 114. A senate bill entitled an act to authorize the auditor of
public accounts to settle the claim of the commonwealth against the
sureties of John A. M. Lusk, late sheriff of Rockbridge county, was.
taken up, read a third time and passed—Ayes 77.
Avf.S—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Blue, Burks, Clarke, H. N.
Coleman, Crockett, Custis, J. D. Davis, R. J. Davis, Dice, Egglcston, Ewing, Fleming
Fletcher, Flood, Franklin, Gatewood, George, Gillespie, Gilmer, Gordon, Grattan, Gieon,
Harrison, Hopkins, Hunter, Huntt, Irby, James, Johnson, Jones, Kaufman, Laidley,
Lundy, Lynn, Mallory, Mathews, McCamant, A. W. McDonald, McLaughlin, R. E. Nel¬
son, Newton, Payne, Pitman, Rcid, Riddick, Rives, Rutherfoord, P. Saunders, R. C Saun¬
ders, Shannon, Staples, Steger, Tate, Thomas, Thrash, Tonilin, Vaiden, Vermillion, Walker
Williams, S. Wilson, Woodhouse, Woodson, Woolfolk and Worsham—77.
Ordered, that the clerk inform the senate of the passage of the
foregoing bills.
On motion of Mr. Mallory,
Resolved, that when this house adjourns to-night, it will adjourn
to meet at 10 o'clock on Monday morning.
The Speaker laid before the house a communication from the
governor; which was read as follows:
Executive Department, March 29th, 18G2.
Giutluncn of the senate and house of delegates:
I have this moment received information of the death
of Joseph F. Harvey, Esq., senator from the Westmoreland distinct,
lie died at his lodgings in this city this morning at 7 o'clock.
Ilis intellectual qualities, his purity of character, his integrity of
purpose, and his manly virtues, endeared him to all his associates in
private and public life. His loss will be severely felt.
Respectfully,
John Letciier.
Mr. Newton submitted the following resolutions; and the question
being on agreeing thereto, was put, and decided in the affirmative by
a unanimous vote.
43
JOURNAL OF THE
Resolved, that this house has heard, with the deepest sensibility
the announcement of the death of Colonel Joseph F. llarvey, senator
from the Westmoreland district, who departed this life at his lodgings
in this city, after a brief illness, at an early hour this morning.
Resolved, that in the death of this pure and estimable man, his
friends have reason to deplore the loss of a kind, generous and genial
companion; the state, a firm defender of her rights and interests;
the Southern Confederacy, an ardent advocate of independence, who
generously devoted his means and his offspring to the public defence;
and the cause of pure and undefiled religion, a disciple, who illus¬
trated the sincerity of his faith by the excellence of his works.
Resolved, that in respect for the membry of the deceased, this
house do now adjourn.
And thereupon, the Speaker announced the house adjourned until
Monday, 10 o'clock.
MONDAY, March 31, 1SG2.
Prayer by Rev. James C. Iliden of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, March 29, 1R02.
The senate have passed bills entitled :
An act to abolish the office of superintendent of weights and mea¬
sures, and transfer the duties of that office to the register of the land
office, No. 124.
An,act to prohibit free negroes from engaging in certain occupa¬
tions, without the permission of the county court, No. 118.
And have passed house bill entitled:
An act appropriating money for the construction of a road from
Marlin's Bottom in Pocahontas county, to the salt works in Braxton
county, No. 104.
.They have rejected house bills entitled:
An act for the relief of Wilson Ilix, sheriff of Appomattox county,
No. 127.
An act increasing the salary of Joseph Jackson, clerk of accounts
in the office of the auditor of public accounts, No. 32.
They have agreed to the amendments proposed by the house of
delegates to senate bill entitled :
An act to provide a currency of notes of less denomination than
five dollars, No. 09.
In which bills (No. 124 and No. 118) they respectfully request the
concurrence of the house of delegates.
The Speaker laid before the house a communication from Angus
W. McDonald, commissioner, &c., which was read, and on motion,
laid on the table.
No. 124. A senate bill entitled an act to abolish the office of super-
HOUSE OF DELEGATES.
339
intendent of weights and measures, and transfer the duties of that
oilice to the register of the land office, was read a first and second
times, and two-thirds concurring, read a third time and passed.
No. 11S. A senate hill entitled an act to prohibit free negroes from
engaging in certain occupations, without the permission of the county
court, was read a first and second times, and on motion, laid on the
table.
Mr. Blue, from the committee of privileges and elections, pre¬
sented the following report:
The committee of privileges and elections have examined the re¬
turns of the sheriffs and other officers of members of the house of
delegates, and submit the following report:
There are returns from the following counties, &c. only:
Amelia, Alexandria, Augusta, Amherst, Berkeley, Brunswick,
Bedford, Buckingham, Boone, Campbell, Caroline, Carroll, Clarke,
Charles City, Charlotte, Diuwiddie, Essex, Franklin, Fauquier, Floyd,
Frederick, Grreenesvilie, Gilmer, &c., Gloucester, Halifax, Harrison^
Hampshire. Henry, Henrico, Isle of Wight, Jefferson, King William
Lancaster, Lee and Scott, Loudoun, Lee, Montgomery, Morgan'
Mercer, Madison, Nelson, Nansemond, Orange, &c., Prince George,,
Putnam, Princess Anne, Pittsylvania, Powhatan, Prince Edward,
Pocahontas, Prince William, Pendleton, Page, Petersburg, Richmond
City, Randolph, Rockbridge, Roanoke, Southampton, Smyth, &c.,
Shenandoah, Scott, &c., Tazewell, Taylor, Wythe, Warren,.Webster.
The committee have also examined the certificate of the oaths of
members of the present house of delegates, and find that the follow¬
ing members only have taken the oaths prescribed by law:
Messrs. John T. Anderson, Francis T. Anderson, Richard H. Baker, jr., William Basker-
vill, Colin Bass, James Bayse, Charles Bine, John R. Booton, Wood Bouldin, William A.
Bradford, Andrew Brooks, A. S. Buford, Edward C. Burks, Samuel Carpenter, William G.
Cazcuovc, John J. Cecil, David B. Clarke; John J. Coleman, H. N. Coleman, Charles F.
Collier, Robert Crockett, James W. Custis, Robert Dabney, J. H. Daniel, John Dudley
Davis, Reuben B. Dice, David C. Dunn, John R. Edmunds, A. B. Evans, Joshua Ewiug,
William W. Fleming, John G. Fletcher, Thomas H. Flood, J. M. Forbes, James Franklin,
Charles T. Friend, G. T. Garrison, T. C. Green, HLervey George, John Gilmer, Douglas IT.
Cordon, John H. Hopkins, Andrew Hunter, 0. W. Hurtf, PPhn-d Irby, Green Jmrus,
William Johnson, Warner T. Jones, Alexander Jordan, M. R. Kaufman, James L. Kemper,
William Kyle, Wilson Lively, William T. Lundy, Seymour Lynn, R. M. Mallory, Mason
Mathews, Samuel McCamant, A. W. McDonald, Isaac E. McDonald, P. W. McKinncy,
Duncan McLaughlin, Rice D. Montague, C. W. Murdaugh, Robert E. Nelson, William G.
T. Nelson, John Orgain, jr., Philip Pitman, Joseph H. Prince, S. M. Reid, Robert A. Rich¬
ardson, Nathaniel Riddick, George E. Rives, Wyndham Robertson, Israel Robinson, John
M. Rowan, JoliuC. Rutherfoord, Peter Saunders, jr., George W. Sherrard, Charles J. Slian-
nou, Hugh W. Sheffcy, Adam Small, E. J. Spady, John O. Steger, William M. Tate,
Francis (f. Taylor, Samuel W. Thomas, Valentine Thrash, H. B. Tomlin, T. T. Tredway,
George Tyler, Isaac. Vermillion, James Walker, George W. Ward, James L. Wilson, Samuel
AVilson, II. B. Woodhouse, John C. Woodson, John L. Woolfolk, John F. Wootten, Henry
C. Worsham, George T. Wright, Thomas H. Wynne.
Mr. Johnson, from the joint committee to examine the first
auditor's office, presented a report; which was laid on the table.
Mr. Rutherfoord presented the memorial of sundry citizens of
Goochland, asking that relief he extended to the firm of Fisher &
Brother; which was, on motion, laid on the table.
The Speaker laid before the bouse a communication from the
governor, communicating returns from the proper officers of the
340
JOURNAL OF THE
(fosport navy yard; which was laid on the table, and ordered to be
printed. Doc. No. OS.
No. 9. A senate bill entitled an act amending and re-enacting the
u9tii chapter of the Code, in relation to the taxes on dividends, cer¬
tain estates of decedents, process 011 suits, official seals, deeds, wills,
administrations, and foreign insurance companies, was taken up, ou
motion of. Mr. Barbour, read a third time and passed.
No. 1SS. An engrossed bill defining the persons who may obtain
a license, was taken up, on motion of Mr. Reid, read a third time
and passed.
Ordered, that Mr. Reid carry the same to the senate, and request
their concurrence.
Mr. Bass presented the petition ot sundry citizens of Roanoke,
praying the exemption of John Ferguson, a founder in Roanoke,
from military service; which was ordered to be laid on the table.
On motion of Mr. Stegee,
Resolved, that a special committee be appointed, to consider the
expediency of amending the act passed the iOth day of Febinuiy
1802, entitled an act to raise troops to meet the requisition 011 Vir¬
ginia by the president of the Confederate States.
Tin1 Speaker announced the following committee,"under the reso¬
lution : Messrs. Steger, Harrison, Barbour and Giliner.
O11 motion of Mr. Crockett,
Resolved by the general assembly, that in the event the contract
entered into between the lessees of the Smyth and Washington salt
works and a joint committee of this general assembly, for the sale
to the state of 400,000 bushels of salt, be not ratified by a law of
this general assembly at its present session, that the lessees aforesaid
be released from the obligations of said contract.
Order"d, that Mr. Crockett cany the name to the ecnutc, and.. •
quest their concurrence.
No. 89. A senate bill entitled an act to amend and re-enact the
61st section of chapter 38 of the Code of I860, being 1st section of
an act entitled an act to prevent the circulation of small notes,
passed March 3d, 1S54, was taken up, amended, and as amended,
read a third time and passed.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
Subsequently, a message was received from the senate, that they
had agreed to the amendment.
A joint resolution in relation to certain coupon bonds held by C.
W. Pureed & Co. and R. H. Maury & Co., was taken up and agreed
to—Ayes 71. no 1.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Barbour, Bass, Bayse, Blue, Bradfonl,
Buford, Burks, Cazenovc, H. N. Coleman, Crockett, Custis, Daniel, It. J. Davis, Din,
Eggleston, Ewing, Fleming, FleteLer, Flood, Garrison, Gatewood, Gillespie, (iiliiur,
Gordon, Green, Harrison, Hunter, Irby, James, Johnson, Jones, Lundy, Mullet v, Mi -
Camant, A. W. McDonald, McLaughlin, Montucue, It. E. Nelson. Newton, Payne 1'imuii
Reid, Rives, Robertson, Robinson, Rutlierioord, P. Saunders, It. C. Saunders, Sbtiriu m,
Sherrard, Small, Spady, Staples, Steger, Tale, Taylor, Thrash, Yaiden, Vermillion, \\ -inl,
West, Williams, J L. Wilson, Woodhouse, Woodson, Woolfolk, Worsham, Wright and
Wynne—7J.
No—Mr. George—1.
HOUSE OP DELEGATES.
341
Ordered, that Mr. Newton inform the senate thereof.
No. 170. A bill authorizing the issue of treasury notes, was taken
up, on motion of Mr. Barbour, read a first time, and ordered to be
read a second time; and two-thirds concurring, was read a second time,
and ordered to be engrossed and read a third time; and being forth¬
with engrossed, was read a third time and passed.
Aye.-'—Messrs. Shelley (speaker), J. T. Anderson, Barbour, Baskervill, Bass, Bay so,
Bradford, Buford, Cazenove, Clarke, H. N. Coleman, Crockett, Custis, Dabney, R. J.
Davis, Dice, Eggleston, Ewing, Fleming1, Flood, Garrison, Gatervood, George, Gillespie,
Gordon, Green, Irby, James, Johnson, Jones, Laidley, Lynn, Mallory, McCamant, A. W.
McDonald, McLaughlin, Montague. R. E. Nelson, Newton, Payne, Pitman, Rives, Robert¬
son, Robinson, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Sherrard, Small,
Spady, Staples, Tate, Thrash, Tomlin, Vaiden, Vermillion, Walker, West, Williams, Wood-
house, Woodson, Woolfolk, Worsham, Wright and Wynne—66.
Ordered, that Mr. Barbour carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate, that the
senate had passed the bill.
No. 177. An engrossed bill to amend and re-enact the 1st section
of an act entitled an act to authorize the organization of ten or more
companies of rangers, was taken up, on motion of Mr. Anderson of
Botetourt, and read a third time; and the question being—Shall the
bill pass ? the roll was called, with the following result—Ayes 44,
noes 38 :
Ayes—Messrs. Sheffev (speaker), J. T. Anderson, Basltervill, Blue, Bradford, Buford,
Carpenter, Carter, Clarke, Collier, Daniel, Dice, Ewing, Fleming, Franklin, Gillespie,
Green, Harrison, Hopkins, James, Johnson, Lnndy, Lynn, Mallory, McCamant, A. W.
McDonald, McLaughlin, Montague, Orgain, Payne, Pitman, Reid, Rives, Robertson, Ro¬
binson, Shannon, Small, Sherrard, Taylor, Thrash, Walker, Williams, J. L. Wilson, Wood¬
son and Woolfolk—44.
Noes—Messrs. Baker, Barbour, Bass, Bayse, Burks, Cazenove, H. N. Coleman, Crock¬
ett, R. J Davis, Fletcher, Flood, Friend, Garrison, Gatewood, George, Gordon, Hunter,
Irby, Laidley, R. E. Nelson, Newton, Riddick, Rutherfoord, P. Saunders, R. C. Saunders,
Staples, Steger, Tate, Tomiin, Tyler, Vaiden, Ward, West, S, Wilson, Wootten, Worsham,
Wright and Wynne—38.
Resolved, that the bill be rejected.
No. 17-5. An engrossed bill to authorize the sale of the Roanoke
valley rail road, was taken up, on motion of Mr. Baskervill, read a
third time and passed—Ayes 64, noes 23.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baskervill, Bass, Blue, Bradford,
Carter, Cazenove, Clarke, H. N. Coleman, Collier, Crockett, Custis, Daniel, Dice, Eggle¬
ston, Fleming, Fletcher, Flood, Gatewood, George, Gordon, Grattan, Green, Hopkins,
James, Johnson, Jones, Laidley, Mallory, McCamant, A. W. McDonald, I. E. McDonald,
McLaughlin, Montague, R. E. Nelson, Orgain, Payne, Pitman, Reid, Rives, Robinson,
Rutherfoord, P. Saunders, Shannon, Small, Sherrard, Spady, Tate, Thomas, Thrash, Vai¬
den, Vermillion, Walker, Ward, Williams, J. L. Wilson, S-Wilson, Woodhouse, Woodson,
Woolfolk, Worsham, Wright and Wynne—64.
Noes—Messrs. Baker, Barbour, Bavse, Buford, Burks, R. J. Davis, Ewing, Franklin,
Garrison, Gillespie, Gilmer, Harrison, Hunter, Irby, Lynn, Newton, Riddick, Robertson,
Staples, Steger, Tomlin, West and Wootten—23.
Ordered, that Mr. Baskervill carry the same to the senate, and
request their concurrence.
No. 156. An engrossed bill to prevent the escape of slaves in tide
water counties, was taken up, on motion of Mr. Woodhouse, and
read a third time ; and the question being—Shall the bill pass? the
roll was called, with the following result—Ayes 42, noes 37 :
342
JOURNAL OF THE
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, r>:ikor, Buskervill. Bass, Carter, Cain-
nove, Collier, Crockett, Daniel, R. .1. Davis, Dice, Egglestou, Friend, Garrison, (lilmer,
Gordon, Hopkins, Irhy, Jones, Laidley, Luudy, Lynn, Mallory, McCamant, McLaughlin,
Montague, Newton, Orguin, Payne, Riddick, Rives, Robertson, lb Saunders, R. C. Saun¬
ders, Sherrard, Spady, Staples, Vaiden, West, 8. Wilson, Woodhouso, Worshain and
Wright—42.
Noss—Messrs. Bayse, Blue, Bradford, Barks, Clarke, H. N. Coleman, Ewing, Fleming,
Fletcher, Flood, Franklin, Gatewood, George, Gillespie, Green, Harrison, Hunter, John,sun,
A. W. McDonald, I. E. McDonald, R. E. Nelson, Pitman, Reid, Rutlierfoord, Nhunuou,
Stegei, Tate, Tin. ash, Teixnillioji, Walker, Ward, Wiiiiams, J. L. Wilson, Wooll'olk, Writ¬
ten and Wynne—37.
Resolved, that the bill be rejected.
On motion of Mr. Wilson of Isle of Wight, the rule was sus¬
pended, with a view to reconsider the vote rejecting the bill.
On motion of Mr. Wilson of Isle of Wight, the rule was sus¬
pended, with a view to reconsider the vote ordering the bill to its
engrossment.
The bill was then read a second time, and ordered to be engrossed
and read a third time; and being iorthwith engrossed, two-thirds
concurring, was read a third time and passed.
Ordered, that Mr. Woodhouse 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 passed the follow¬
ing house bills:
An act to amend the 1st section of an act passed March 2!), 1S5S,
entitled an act concerning ferries in the counties of Russell and Wise,
No. 104.
An act amending thq 8th section of chapter 3 86 of the Code, con¬
cerning judgment liens, No. 184.
An act defining the persons who may obtain a license, No. 1S8.
An act to amend and re-enact an act entitled an act to create an
ordnance department, passed January 25th, ISO I, No. 192.
And that they had agreed to the amendments proposed by the
house of delegates to senate bill entitled an act to amend and re-
enact the 01st section of chapter 3S of the Code of 1800, being first
section of an act entitled an act to prevent the circulation of small
notes, passed March 3d, 1854, No. S9.
Mr. Burks submitted the following resolution :
Robert M. Nimmo having failed to execute the bond required by
joint resolution of the general assembly, passed on the 20th day of
March 1862 :
Resolved, that the two houses of the general assembly proceed at
once, by joiut vote, to remove the said Nimmo from office as general
agent and storekeeper of the penitentiary, for the unexpired term of
said office, aud to fill the vacancy created by such removal.
• And the question being on agreeing thereto, was put, and decided
in the affirmative—Ayes 49, noes 36. •
Av es—Messrs. Barbour, Baskeiviil, Bayse, Blue, Booton, Bradford, Burks, Clarke, H.
N. Coleman, Crockett, J. D. Davis, Eggleston, Ewing, Fleming, Fletcher, Flood, Frank¬
lin. Gatewood, George, Gillespie, Green, Harrison, Hopkins, Irhy, James, Johnson, Laidley.
Lynn, Mallory, A. W. McDonald, Payne, Pitman, Reid, Riddick, Rives, Robertson, K,
Sautiderr., Shannon, Small, Sherrard, Staples, Steger, Tate, Thrash, Vaiden, Vermillion,
West, Williams, Wootten and Worshain—49.
HOUSE OF DELEGATES.
343
Noes—Messrs. Sheffey (speaker), J. T. Anderson, Baker, Bass, Buford, Carter, Caze-
Bore, Collier, Custis, Daniel, Friend, Garrison, Gilmer, Gordon, Grattan, Hunter, Jones,
Lundy, MeCaniant, I. E. McDonald, McLaughlin, Montague, R. E. Nelson, Newton, Or-
eain, Rutherfoord, P. SaunddJs, Spady, Taylor, Ward, J. L.Wilson, S.Wilson, Woodhousej
Woolfolk and Wrignt—36.
Ordered, that Mr. Burks carry the same to the senate, and request
their concurrence.
' A message was received from the senate by Mr. Armstrong, who
informed the hous6 of delegates that the senate had agreed to the
following joint resolution :
Resolved by the senate, that the house of delegates be informed
that the senate is now ready on its part to carry into effect the joint
resolution adopted on the 25th day of March 1S62, providing for the
removal of Robert M. Nimmo from the office of storekeeper of the
penitentiary, he having failed to execute and deliver the new bond
required of him by the terms of said resolution.
Mr. Cazenove moved to lay the whole subject on the table; and
the question being on agreeing thereto, was put, and decided in the
negative—Ayes 2S, noes 48.
On motion of Mr. Cazenove, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Buford, Carter, Cazenove, Cus¬
tis, Daniel, Friend, Garrison, Gilmer, Grattan, Lundy, McCamant, I. E. McDonald, Mc¬
Laughlin, Montague, R. E. Nelson, Newton, Orgain, P. Saunders, Spady, Taylor, Thomas,
"Vaiden, J. L. Wilson, Woodhouse, Woolfolk and Wright—28.
Noes—Messrs. Baker, Barbour, Bayse, Blue, Bradford, Burks, Clarke, H. ,N. Coleman,
Collier, Crockett, R. J. Davis, Dice, Eggleston, Ewing, Fleming, Fletcher, Flood, Franklin,
Gatewood, George, Gillespie, Green, Harrison, Hopkins, Hunter, Huntt, Irby, James, John¬
son, Jones, Laidley, Lynn, Mallory, A. W. McDonald, Payne, Pitman. Reid, Riddick,
Rives. Robertson, Robinson. Rutherfoord, R. C. Saunders, Shannon, Small, Slierrard, Sta¬
ples, Steger, Tate, Thrash, Tomlin, Vermillion, Walker, Ward, West, Williams, Wootten
and Worsham—48.
The resolution of the senate was then concurred in.
The roll was then called, with the following result—For removal
43, against removal 24.
For removal—Messrs. Barbour, Baskervill, Bayse, Blue, Booton, Brooks, Burks, H. N.
Coleman, Crockett, Eggleston, Ewing, Fleming, Flood, Franklin, Gatewood, George, Gil¬
lespie, Green, Harrison, Huntt, James, Johnson, Laidley, Lynn, Mallory, A. W. McDonald,
Payne, Pitman, Reid, Riddick, Rives, Robertson, P. Saunders, Shannon, Small, Sherrard,
Staples, Steger, Tate, Thrash, Vermillion, Williams, Wootten and Worsham—43.
Against removal—Messrs. Sheffey (speaker), J. T. Anderson, Bass,»Carter, Cazenove,
Collier, Daniel, Garrison, Gilmer, Gordon, Grattan, Hunter, Jones, McCamant, McLaughlin,
Montague, R. E. Nelson, Newton, Orgain, Rutherfoord, J. L. Wilson, S. Wilson, Woolfolk
and Wright—24.
The Speaker announced the following committee to count the
joint vote: Messrs. Burks, Barbour, Collier, Grattan, Cazenove,
Green and Rives.
Mr. Burks, from the committee, presented the following report:
Whole number of votes cast, - 93
Necessary to removal, . 47
For removal, - - - 59
Against removal, - - 34
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate had agreed to the
following joint resolution:
Resolved, that the senate, without undertaking to decide what
344
JOURNAL OF THE
number constitutes a quorum of the house of delegates, but for the
purpose of removing all doubt as to the validity of the act of the
removal of Robert M. Nimmo, request the house of delegates to
take another vote op that question, and to secure, if possible, the
attendance of seventy-seven members.
Mr. Robertson submitted the following resolution :
Resolved, in response to the message of the senate, asking a new
vote on the removal of Robert M. •Nimmo, that the house of dele¬
gates is the sole judge of its own rules of proceeding, and wlmt it
proceeds, as a house, to do, in pursuance of the rules settled by
itself, it will not consent should be questioned elsewhere; and that
having, with a number of members present constituting a quorum
according to its own rules, so settled, proceeded as a house to vote
on the question of the removal of the storekeeper and general agent
of the penitentiary, it denies the right of the senate to call in ques¬
tion its authority so to proceed, and therefore declines to vote again
on that question. And the house respectfully informs the senate that
this house is now ready to proceed to the election of a general agent
and storekeeper of the penitentiary.
Mr. Rutherfoord moved to amend, by substituting the following:
and the question being on agreeing thereto, was put, and decided in
the affirmative:
Resolved, that this house respectfully declines to accede to the re¬
quest of the senate that this body shall proceed to take another vote
upon the question of the removal of Mr. Robert M. Nimmo from the
office of general agent and storekeeper of the penitentiary.
Ordered, that Mr. Rutherfoord carry the same to the senate.
On motion of Mr. Hunter,
Resolved, that with the consent of the senate, the further execu¬
tion of the joint order be postponed until o'clock this evening.
Ordered, that Mr. Hunter carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr.
Ball, who informed the house of delegates that the senate had
passed the resolution,-with an amendment postponing the execution
of the joint order until 7£ o'clock.
The amendment was concurred in.
The Speaker proceeded to sign the following enrolled bills:
An act to repair the road from Saltville to Tazewell courthouse.
An act compensating David W. Frobel for services connected with
the militrn of Nicholas and Greenbrier counties.
An act incorporating the Victoria mining and manufacturing com¬
pany of the county of Louisa.
An act for the relief of Archibald M. Drew.
An act incorporating the Savings bank for small earnings of the
city of Richmond.
An act amending an act passed the 28th day of March 18G1, en¬
titled an act amending the charter of the town' of Union in the
county of Monroe.
An act providing for loans to supply temporary deficiencies in the
treasury.
HOUSE OF DELEGATES.
345
Ail act releasing a lien to the Richmond and Petersburg rail road
company.
An act to incorporate the York river navigation company.
An act appropriating the public revenue for the fiscal year 1861-62.
An act authorizing the receipt of Confederate States treasury
notes in payment of taxes and ether public dues.
An act to authorize the county court of Powhatan county.to cor¬
rect the assessment of the lands of A. S. Wooldridge's estate.
An act to pay W. George Cooper a certain sum of money for ser¬
vices as clerk of the 115th regiment of militia.
An act to release certain corporations and persons from forfeitures,
penalties and rights of action incurred by issuing notes as a currency,
contrary to law.
An act incorporating the Roanoke insurance company.
An act providing for the collection of taxes and other public dues
in the hands of defaulting disloyal officers, and in the hands of other.
persons disloyal to the state.
An act for the relief of Robertson Cooke.
An act to incorporate the Hillsville military academy in the county
of Carroll.
An act prescribing penalties against illegal assessments and col¬
lection of taxes.
An act to organize a regiment of pikemen for the confederate
service.
An act to provide for the trial of persons charged with offences
committed in counties in possession of the enemy br threatened with
immediate invasion.
An act to sanction an ordinance of the- state of North Carolina
entitled an ordinance to incorporate the Piedniont rail road company.
An act for the relief cf the sureties of John C. Harrison-, sheriff
of Tazewell county.
An act to enforce payment of balances due from commissioners of
foif'eited and delinquent lands.
An act to amend and re-enact the third section of an act passed
March 5th, 1862, entitled an act to incorporate the Confederate mu¬
tual life insurance company.
An act to authorize field artillery to be made and small arms to
be purchased for the state.
An act to authorize the issue* of registered certificates of state
stock to Dr. Peter F. Brown, in lieu of two lost bonds.-
An act authorizing the trustees of Oak grove church in the county
of Pocahontas, to sell and convey property.
An act to legalize the use of. certain state securities held by the
Bank of Pittsylvania as part of its capital.
An act to relieve the sureties ofi Robert Chambers, late sheriff of
Boone county.
An act to amend the second section of the act incorporating the
Thornrose cemetery at Staunton.
An act to compensate Samuel S. Bryant for certain services as
prosecutor in tluj hustings court of Danville.
44
346
JOURNAL OF TIIE
An act concerning the sinking fund.
An act to authorize vacancies to be filled pro tempore in certain
offices after the ratification of the amended constitution.
An act to pay to John Ivelley, surviving partner of Kelley & Lar-
guey, the amount of a judgment of the circuit court of the city of
Richmond against the board of public works.
An act amending and re-enacting the eighth section of the twenty-
ninth chapter of the Code of Virginia (edition 1SG0).
An act for the relief of John H. Haskins, sheriff of Amelia, and
his sureties.
An act to incorporate Marengo lodge No. 109, I. O. 0. F/at Mar-
tinsburg in the county of Berkeley.
An act authorizing the auditor of public accounts to suspend the
institution of legal proceedings against sheriffs in certain counties.
An act providing for annual sessions of the general assembly.
An act to authorize the governor to organize and call out certain
military forces for the defence of the state.
An act to suspend sales and legal proceedings in certain cases, and
to repeal an ordinance to provide against the sacrifice of property,
and to suspend proceedings in certain cases, passed on the 30th day
of April 1861, by the convention of Virginia.
An act authorizing the county court of Brunswick county to im¬
pose a tax on dogs.
An act to authorize the auditor of public accounts to settle the
claim of the commonwealth against the sureties of John A. M. Lusk,
late sheriff of Rockbridge county.
An act for the relief of E. A. W. Hore, late sheriff of Stafford
county.
An act to amend and re-enact an ordinance of the convention, en¬
titled an ordinance concerning the office! of adjutant, passed June
28, 1S61.
An act to amend and re-enact the 1st section of the act entitled
an act to extend the jurisdiction and enlarge the powers of the cor¬
poration of the borough of Norfolk, passed February 4, 1818.
An act providing for the exemption of certain parties upon re¬
ligious grounds.
An act to organize a military contingent fund.
An act concerning bank directors.
An act to provide for having an accurate record made of the mili¬
tary forces of Virginia.
An act for the relief of Joel D. Ashberry, Wescon Lewis and others,
being the officers and crew of the York Spit light vessel.
An act to constitute a corps more effectually to collect the arms
of the state and Confederate States, not in actual service.
An act for the relief of the .securities of Robert 0. Doss, late
sheriff of the county of Campbell.
An act authorizing a reassessment of a house and lot in Lynch¬
burg, owned by Barney McKinney and James Casey, and for the re¬
payment to them of certain taxes.
An act to amend an act incorporating the Shenandoah cotton
HOUSE OF DELEGATES.
347
manufacturing company, passed December 19, 1861, and to change
its name to Cedar creek cotton manufacturing company.
An act to prevent certain violations of the Sabbath.
An act to incorporate the Fredericksburg insurance company.
An act to amend an act entitled an act amending the charter of
the town of Danville, passed March 4, 18-54, and incorporating into
one the subsequent acts amendatory thereof.
An act authorizing Maryland volunteers who re-enlist in the troops
of Virginia to be transferred to Maryland regiments.
An act for the relief of Coalman D. Bennett, executor of Howard
Craft deceased of Pittsylvania county.
An act to incorporate the Preston coal, oil and iron company.
An act imposing a tax on dogs in the counties of Alleghany and
Botetourt.
An act to declare the powers of boards of exemption, and to im¬
pose penalties on members of such boards for usurping powers not
conferred on them, and to amend the 6th section of an act passed
February 18, 1862, entitled an act amending and re-enacting the 2d
section of chapter 22 of the Code of Virginia, respecting persons ex¬
empt from all military duties, and providing the mode of exemption.
An act to extend the time for the exercise of certain civil rights
and remedies.
An act to protect loyal citizens whose property may be sold by
officers under illegal process.
An act requiring the penitentiary storekeeper to make quarterly
reports to the board of directors.
An act for the relief of-the personal representative of A. J. White¬
head deceased, late sheriff of Pittsylvania county.
An act to incorporate the West fork iron manufactory in Floyd
county.
An act authorizing the recovery of money stolen from the Ex¬
change Bank of Virginia at Weston.
An act for the relief of the indigent soldiers who hafe been or
may be disabled in the military service of the state, and the widows
or minor children of soldiers who have died or may hereafter die in
the service.
An act to incorporate the Virginia rolling mills company.
An act to amend and re-enact an ordinance extending the jurisdic¬
tion of the county courts in certain cases, passed by the convention
on the 26th day of June 1861.
An act to amend section 28 of chapter 52 of the Code of Virginia
(edition of 1S60).
An act allowing further time to the owners of lots in the town of
Columbia in the county of Fluvanna to build on and improve the
same.
An act to provide for the assumption and payment of the Confe¬
derate States war tax.
An aet declaring a portion of New river a lawful fence.
An act making an appropriation to the civil contingent fund.
An act to reorganize the 17th and 28th brigades Virginia militia.
JOURNAL OF THE
An act to incorporate the Bellevue hospital in the vicinity of the
city of Richmond.
An act to amend the ninth section of an act eniitled an act to
amend the charter of the James river and Kanawha company, passed
March 23d, 1S60, and providing a loan of bonds to the James river
and Kanawha company, to keep open the navigation of the James
river canal, and to improve the sluices upon a part of the river.
An act refunding to the securities of Thomas K. Davis, late slionU'
of Prince William county, damages paid by them as such.
An act to amend the 4th section of an act to incorporate the Con-
fedcrate insurance company, passed 4th February 18(52.
An act to incorporate the Stewartsville-savings bank.
An act incorporating the Dover coal mining company.
An act to authorize the reorganization of the Culpeper minute
men and the Culpeper rifles.
An act changing the lines of Pulaski and Wythe counties. .
An act to authorize the use of the jails and poorhouses of the
state by the Confederate States, for fhu safp hoping of fi;v mymw
arrested by military authority.
An act to provide for the payment of interest to loyal citizens, on
certain bonds guaranteed by the commonwealth.
An act to prevent the unnecessary consumption of grain by dis¬
tillers and other manufacturers of spirituous and malt liquors.
An act for the relief of William T. Fitchett, commonwealth's at¬
torney for the county of Northampton.
An act for the relief of John W. Vaughan and others.
An act to amend an ordinance of the convention to provide lor the.
organization of the provisional army for the state of Virginia.
An act to convert the branch of the Northwestern Rank of Vir¬
ginia at JofPi'SOnvillA into n ejprnni'o + o Mi-irl jpd"w»itrlpi>+- lyp)!'
i " A
An act to provide a currency of notes of less denomination than
live dollars.
An act authorizing the issue of treasury notes.
An act to abolish the office of superintendent of weights and mea¬
sures, and transferring the duties of that office to the register of the
land office.
An act to prevent the escape of slaves in tide water counties.
An act appropriating money for the construction of a road from
Marliu's Bottom in Pocahontas county to the salt works in Braxton
county.
An act to amend and re-enact the (51st section of chapter 3s of
the Code of 18(50, being first section of an act to prevent the circu¬
lation of small notes, passed March 3d, 1854.
An act defining the persons who may obtain a license.
An act amending and re-enacting the 39th chapter of the Code,
in relation to the taxes on dividends, cm-tain estates of deecd ait
process in suits, official seals, deeds, wills, administrations, and fuiviim
insurance companies.
An act to amend and re-enact the 03d ordinance of the convmithm,
authorizing banks to change their places of business.
HOUSE OF DELEGATES.
349
An act authorizing the erection of a gallery in the hall now occu¬
pied by the Confederate States congress.
An act to compensate William H. Dula-ney, attorney for the com¬
monwealth for the circuit court of Fairfax, for his services for the
spring term I8G1.
An act for the relief of John R. Cunningham, administrator of
Newton Cunningham, late sheriff of Prince Edward county.
An act releasing the securities of Thomas K. Davis, late sheriff of
Prince William county, from the payment of damages.
An act to incorporate the-Planters insurance company of Peters¬
burg.
An act to repair the road leading from the Warm springs, by Hun-
tersville, to Greenbrier river, at Marliu's Bottom.
An act to empower the governor to have made out and filed in the
state department, complete lists of Virginia forces. »
Ari act to amend and re-enact section 1st, chapter 57, Acts 1S61.
An act to incorporate the Confederate mutual life insurance com¬
pany.
An act to raise troops to meet the requisition on Virginia by the
president of the Confederate States.
An act to amend the 2d section of chapter 175 of the Code, so as
to provide for the temporary appointment of commissioners in
chancery.
An act incorporating the Mutual life insurance company.
An act to amend section 27 of chapter 24- of the Code (new
edition), providing for a clerk in the adjutant general's office.
An act to provide for the construction of a rail road for military
purposes, connecting the Manassas gap rail road at or near Strasburg
in the county of Shenandoah, with the Winchester and Potomac
rail road at or near Winchester in the county of Frederick.
An act amending and re-enacting the second section of chapter 22
of the Code of Virginia, respecting persons exempt from all military
duties, and providing the mode of exemption:
An act to amend section 11 of chapter 29 of the Code, so as to
exempt the property of persons in the military service of the state
from distress for rent payable in money.
An act for ascertaining and enrolling the military force of the
commonwealth.
An act to amend the 5th section of chapter 13 of the Code, in
relation to administering the oaths to be taken by the members of
the two houses of the general assembly.
An act to amend and re-enact an ordinance to provide for the en¬
rollment and employment of free negroes in the public service,
passed by the convention July 1st, 18G1.
An act to provide for the construction of a rail road connection
between the Orange and Alexandria and Manassas gap rail roads, and
the Richmond, Fredericksburg and Potomac rail road.
An act compensating Norman C. Smoot and James Caudy, com¬
missioners of the revenue for the county of Hampshire, for services
performed.
350
JOURNAL OF THE
An act to amend section 11 of chapter 103 of the Code, in rela¬
tion to the removal of the records and papers of courts.
An act concerning treasury notes.
An act to compensate E. J. Buckwalter and AY. II. Pate, jailors
of Bedford county, for keeping certain negro convicts confined in
the jail of said county, in the year 1S61.
An act making an appropriation to the civil contingent fund.
An act refunding to the county of Amherst a license tax paid by
George L. Shrader, advanced to him by -the county court of said
county.
An act to incorporate the Confederate insurance company.
An act constituting a part of New river a lawful fence.
An act to refund to Edmund W. Bayley a sum of money errone¬
ously paid by him into the treasury.
t An act constituting a part of New river a lawful fence.
An act to incorporate the Shenandoah cotton manufacturing com¬
pany in the county of Shenandoah.
An act to authorize the banks of this commonwealth to issue
notes of the denomination of one and two dollars.
An act to incorporate the Catherine furnace company in the
county of Spotsylvania.
An act to authorize an alteration in the line of the South side rail
road.
An act to incorporate the Mutual life insurance company of
Lynchburg.
Au act to authorize the organization of ten or more companies of
rangers.
An act to authorize the establishment of a military school as a
part of the instruction of Randolph Macon college.
An act for the relief of John S. Currell, James W. Gresham
administrator of George W. Flowers, and William N. Kirk.
An act to amend the 14th section of chapter 15 of the Code, so
as to authorize the enrollment of the acts and joint resolutions of
the general assembly on parchment or paper.
An act to authorize county and corporation courts to certify insol¬
vent muster fines in certain cases.
An act authorizing the commissioners of the revenue for the south¬
ern district of Halifax county, to issue a license to David Apt as a
hawker and peddjer in said county.
An act making compensation to A. F. Haymond, attorney for the
commonwealth.
An act to amend an act entitled an act to incorporate the Atlantic
steam ferry company.
An act incorporating the Virginia anthracite coal and iron company.
An act to amend and re-enact the 13th section of chapter 42 of
the f!ode of Virgmn, so as more effectually to regulate the sales of
real estate under executions in favor of the commonwealth.
An act to amend the 4th section of an act entitled an act to incor¬
porate the Danville manufacturing company, passed March 17, 1800.
HOUSE OF DELEGATES.
351
An act to authorize Hughes Dillard to erect a dam half across
Smith's river in the county of Henry, in a manner not inconsistent
with the rights of the Smith's river navigation company.
An act to amend and re-enact the act entitled an act providing for
the employment of negro convicts on the public works, passed April
7, 1858.
An act to incorporate the Virginia chemical works.
An act exempting from taxation the seal of courts attached to
papers or records for the recovery of the wages or other dues of de¬
ceased soldiers, and to refund the tax heretofore paid.
An act compensating George Dutfey, late commissioner of the reve¬
nue for the city and county of Alexandria, for services performed.
An act amending and re-enacting section 12, chapter 77, of the
Code of Virginia.
An act to amend and re-enact the 4th section of chapter 10 of an
act to incorporate the Virginia canal company, and to transfer the
rights and franchises of the James river and Kanawha company
thereto.
An act to incorporate the Windsor tanning and boot and shoe
manufacturing company.
An act to improve the navigation of New river.
An act authorizing and directing the sale and delivery by the
governor of a convicted slave named Richard, to John Washington
of Caroline county.
An act to amend and re-enact the 8th section of an ordinance en¬
titled an ordinance to provide against the sacrifice of property and
to suspend proceedings in certain cases, passed by the convention of
Virginia on the 30th day of April 1861.
An act amending the charter of the town of Fredericksburg.
An act to incorporate the Petersburg iron works.
An act authorizing the judge of the court of hustings of the city
of Richmond to grant a new trial in the case of the commonwealth
against Edward Kersey and Hammett A. Pearce.
An act to authorize the transfer of certain bonds of the state held
in trust by the government of the United States for certain Indian
tribes, and providing for the payment of interest thereon.
An act to amend the 2d and 5th sections of an act entitled an act
incorporating the James river insurance'company at Howardsville in
the county of Alben\arle, passed 31st January 1860.
An act to amend and re-enact an act entitled an act to create an
ordnance department, passed January 25, 1861.
An act amending the 8th section of chapter 186 of the Code, con¬
cerning judgment liens.
An act to provide for the more effectual and speedy transportation
of freight and travel through the cities of Richmond and Petersburg.
An act to compel turnpike and plank road companies to keep their
roads in order.
An act to amend and re-enact an act entitled an act refunding to
Moses G. Booth damages paid by him as surety of Samuel S. Turner,
late sheriff of Franklin county, passed March 19, 1861.
352
JOURNAL OF THE
An act to aincrnl the first section of an act passed March 29,1858,
entitled an act concerning ferries in the counties of Russell and Wise.
On motion, the chair was vacated until 7£ o'clock.
A message was received from the senate by Mr. Johnson, who
informed the house of delegates that the senate had agreed to the
following joint resolution :
Resolved, that the senate, without intending to express any opinion
on what constitutes a majority of the house of delegates, hut in
view of the constitutional convictions of some of the members in
regard to the vote upon the question of the removal of Robert M.
Nimmo as storekeeper of tho penitentiary, respectfully requests the
house of delegates to go into another joint ballot with the senate on
that subject.
The resolution was agreed to.
Ordered, that Mr. Mallory inform the senate thereof.
The roll was then called, with the following result:
For removal—Messrs. Barbour, Baskcrvill, Bayse, Blue, Booton, Bradford, Buford, Burks,
H. N. Coleman, Crockett,J{. J. Davis, Dice, Egglostou, EwiDg, Fleming, Fletcher, Blond,
Franklin, Gatewood, George, Gillespie, Green, Harrison, Hopkins, Huntt, Iiby, .Thiiic.h,
Johnson, Jordan, Laidley, Lynn, Mailury, A. W. McDonald, Pitman, Eeid, Riddick, lines,
Robertson, Robinson, R. C. Saunders, Shannon, Small, Sherrard, Staples, Steger, Tutr,
Thrash, Vaiden, Vermillion, Walker, West, Williams, Woodson, Wootten, Worslmm uud
Wynne—56.
Against removal—Messrs. Sheffey, (speaker), J. T. Anderson. Baker, Bass, Carpenter,
Carter, Collier, Custis, Daniel, Garrison, Gilmer, Gordon, Hunter, Jones, Dundy, Montague,
■Newton, Orgain, Prince, Rutherlbord, P. Saunders, Spady, Ward, J. L. Wilson, S. Wilson,
Woodhuuse and Woolfolk—27.
Mr. Burks, from the same committee, presented the following
report:
The Speaker thereupon declared that R. M. Nimmo was removed
from the office of general agent and storekeeper of the penitentiary.
The house then proceeded to the further execution of the joint
order, which had for its object the election of a general agent nnd
storekeeper of the penitentiary, to supply the vacancy created by
the removal of R. M. Nimmo.
Mr. Mallory nominated John Knote.
Mr. Grattan nominated John Bell Bigger.
Mr. Cazenove nominated R. M. Nimmo.
Ordered, that Mr. Mallory inform the senate that the house was
ready on its part to proceed to the further execution of the joint
order, and that John Knote, R. M. Nimmo and John B. Bigger were
in nomination.
A message was received from the senate by Mr. Johnson, who
EVENING SESSION.
Whole number of votes,
Necessary to removal,
For removal,
Against removal, -
113
,57
74
39
IIGU3E O-L' DjuuEGATES. 353
informed the house of delegates that the senate were ready on its
part to proceed to the execution of the joint order, and that no
nominations had been made in that body.
The rid! wo: then codled, with the following result:
For John Knotc—Messrs. J. T. Anderson, Baskervill, Bass, Blue, Booton, Bradford, Bu-
foTd, Burks, H. N. Coleman, Collier,' Daniel, Dice, Fleming, Fletcher, Gatewood, Gilmer,
Green, Harrison, Hunter, Irby, Johnson, Jordan, Laidley, Lynn, Mallory, A. W. Mc¬
Donald, R. E. Nelson, Orgain, Pitman, Reid, Riddick, Rives, Robinsota, Rutherfoord, Small,
Slii'ivard, Spady, Tonilin, Ward, West, Williams, J. L. Wilson, Woodhouse, Woodson,
Worsluun and Wynne—40.
For R. M. Nimmo—Messrs. Sheffey (speaker), Baker, Carpenter, Carter, R. J. Davis,
Lundy, McLaughlin, Prince, and S. Wilson—9.
For Mitchell B. Tate—Messrs. Bayse, Crockett., Eggleston, Ewing, Franklin, George,
Gillespie, Hopkins, James, McCauiant, Montague, Shannon, Staples, Tate, Thrash, Vaiden,
Vermillion and Walker—IS.
For J. Bell Bigger—Messrs. Barbour, Custis, Flood, Garrison, Gordon, Jones, Newton,
Robertson, P. Saunders, R. C. Saunders, Steger and Wootten—12.
The Speaker announced the following committee on the part of
th*3 hon«?p, to meet a corresponding1 committee on the part of the
senate, and ascertain the joint vote : Messrs. Mallory, Burks, Bar¬
bour, Cazenove, and Davis of Campbell.
Subsequently, Mr. Mallory, from the same committee, presented
the following report:
Whole number of votes cast, - - 114
Necessary to a choice, - - '58
John Knote received - - 54
M. B. 'Tate " 30
R. 31. Nimmo " - - 17
John B. Bigger " - - 13
There being no election, the name of Mr. Bigger was dropped,
under the rule.
The roll was again called, with the following result:
For John Knotc—Messrs. Sheffey (speakei), J. T. Anderson, Baker, Barbour, Baskervill,
Bass, Blue, Booton, Bradford, Buford, Burks, Carter, IL N. Coleman, Collier, Custis, Daniel,
R. J. Davis, Dice, Fleming, Fletcher, Garrison, Gatewood, Gilmer, Gordon, Green, Har¬
rison, Hunter, Irby, Johnson, Jones, Jordan, Laidley, Lundy, Lynn, Mallory, A. W. Mc¬
Donald, R. E. Nelson, Newton, Orgain, Pitman, Prince, Reid, Riddick, Rives, Robertson,
r.'.itr'-- , I! 11 r." \ ^ P 0 Sf.-irxWo, Shemtrd, Spady, Steger, Toni¬
lin, Vaiden, Walker, Ward, West, Williams, J. L. Wilson, Woodhouse, Woodson, Wor-
Bham and Wynne—63.
For R. M. Nimmo—Messrs. Carpenter, Cazenove, McLaughlin, and S. Wilson—4.
For Mitchell B. Tate—Messrs. Bayse, Crockett, Eggleston, Ewing, Flood, Franklin,
George, Gillespie, Hopkins, James, McCamaut, Montague, Shannon, Staples, Tate, Thrash
and Vermillion—17.
For J. Bell Bipger—Mr. Wootten—1.
Mr. Mallory, from the committee, presented the following report:
Whole number of votes cast, - - 117
Necessary to a choice, - - 59
Joltn Knote received - - 75
M. B. Tate " - - 33
R. 31. Nimmo " 6
John B. Bigger " 4
John Knote having received a majority of all the votes cast, was
declared .duly elected general agent and storekeeper of the peni¬
tentiary, to supply the vacancy created by the removal of R. M.
Nimmo.
45
354
JOURNAL op THE nOUSE of DELEGATES.
On motion of Mr. Burks,
Resolved, that the thanks of this house are due end are hereby
tendered to Hugh W. Sheffey, for the dignity, ability and impar¬
tiality with which he has discharged the duties of speaker Itnqmir
of this house.
Resolved, that the thanks of this house be tendered to II. D. Bur-
russ, sergeant at arms, and to Robert W. Burke and James W. Mon¬
tague, doorkeepers of this house, for the prompt and edicient manner
in which they have discharged the duties of their respective oflircs,
On motion of Mr. Newton,
Resolved, that the thanks of the house be tendered to the pages
for their courteous and obliging deportment during the present
session.
On motion of Mr. Carter,
Resolved, that the thanks of the house are hereby tendered to the
reverend clergymen of the city of Richmond, who have cCdahd
during the present session.
Messages were interchanged between the two houses as to their
readiness to adjourn.
And then, on motion of Mr. Harrison, the house adjourned sino
die.
I1BERS OF THE HOUSE OF DELEGATES, 18GI-2.
Accomack, G. T. Garrison.
Albemarle, Frank Minor,
M. L. Anderson.*
Alexandria, Wm. G. Cazenove.
Alleghany and Bath, Samuel Carpenter.
Amelia and Nottoway, Richard Irby.
Amherst, Jno. Dudley Davis.
Appomattox, Thomas H. Flood.
Augusta, Hugh W. Sheffey,
William M. Tate,
James Walker.
Edw'd C. Burks,
Alexander Jordan.
Israel Robinson,
Adam Small.
Jno. T. Anderson,
Green James.
Ea.hou.',,
Bedford,
Berkeley,
Botetourt and Craig,
Braxton, Nicholas ?
and Clay, $
Brunswick,
Buckingham,
Cabell,
Campbell,
Duncan McLaughlin.
R. M. Mallory.
P. W. McKinney.
Albert Laidley.
Robert C. Saunders,
Robert J. Davis.
George Tyler.
William Kyle.
Caroline,
Carroll',
Charles City,
James Ty and
New Kent,
Charlotte,
Chesterfield,
Clarke,
Culpeper,
Cumberland and
Powhatan
Dinwicldie,
Elizabeth City,
Warwick, York
& Williamsburg,
^KinsiQueenJ George T. Wright.
Fairfax, O. W. Huntt.
• I—.
Richards Payne.
Fayette and Raleigh, John J. Coleman.
Floyd, Valentine Thrash.
Fluvanna, Robert E. Nelson.
Franklin, Peter Saunders, jr.
Andrew Brooks.
J
Y. WYen.
Wood Bouldin.
Charles T. Friend.
Wm. A. Bradford.
James Barbour.
Robert Dabney.
Henry C. Worsham.
James W. Custis.
Frederick,
Giles,
Gloucester,
Goochland,
Grayson,
Greenbrier,
Greenesville and
Sussex,
Halifax,
jL^aiilpSxAiJO,
Hanover,
Hardy,
Henrico,
Henry,
Highland,
Isle of Wight,
Jefferson,
King George and
Stafford,
King William,
Lancaster and
N orthumberland
Lee and Wise,
Lee, Scott and Wise,
Levari, Boone and }
Wyoming, J
Loudoun,
Louisa,
Lunenburg,
Madison,
Mathews and )
Middlesex, J
Mecklenburg,
Mercer,
Monroe,
Montgomery,
Nansemond,
>T 1 „ „ __
Norfolk City,
Norfolk County,
Northampton,
Orange and Greene,
Page,
George W. Ward,
M. R. Kaufman.
William Eggleston.
Warner T. Jones.
Jno. C. Rutherfoord.
Samuel McCamant.
Mason Mathews.
William T. Lundy.
Jno. R. Edmunds,
George H. West.
A. W. McDonald, jr.
Charles Blue.
Francis G. Taylor.
Charles Williams.
Z. S. McGruder.
John F. Wootten.
Wm. W. Fleming.
James L. Wilson.
Thomas C. Green,
Andrew punter.
J. H. Daniel.
H. B. Tornlin.
Addison L. Carter.
Joshua Ewing.
James Bayse.
Isaac E. McDonald.
Burr P. Noland,
Matthew Harrison.
Wm. G. T. Nelson.
John Orgain, jr
James L. Kemper.
A. B. Evans.
William Baskervill.
Ro. A. Richardson.
Wilson Lively,
John M. Rowan.
Rice D. Montague.
Nathaniel Riddick.
H. N. Coleman, jr.
Richard Baker, jr.
Samuel Murdaugh,
Samuel Wilson.
E. J. Spadv,
John L. Woolfolk.
John R. Booton.
*M. I,. Anderson died.
B. H. McGruder elected.
356
NAMES OF MEMBERS.
Patrick,
Pendleton,
Petersburg-,
Pittsylvania,
Pocahontas,
Princess Anno,
Prince Edward,
Prince George and
Surry,
Prince William,
Pulaski,
Rappahannock,
Richmond City,
Richmond Co. and ?
Westmoreland, J
Roanoke,
John Staples.
James Boggs.*
Charles F. (Jollier.
John Gilmer,
A. S. Buford.
James T. Lockridge.
II. B. Woodhouse.
T. T. Tredway.
George E. Rives.
Seymour Lynn.
John G. Cecil.
John G. Fletcher.
John O. Steger,
Wyndham Robertson,
Thomas II. Wynne.
Willoughby Newton.
Colin Bass.
* James Boggs resign
Roekbridgo,
Rockingham,
Russell,
Scott and Wise,*
Shenandoah,
Smyth,
Southampton,
Spotsylvania,
Tazewell,
Warren,
Washington,
Wythe,
I. E. B. Dice elected.
S. M. Rcid,
Francis T. Anderson
Charles Grattan,
John C. Woodson,
John H. Hopkins.
Isaac Vermillion
James Franklin
Philip Pitman,
John Gate wood.
Charles J. Shannon
Joseph H. Prince.
Douglas H. Girdon 1
Honey George,
Thomas II. Gillcspio
Samuel W. Thomas.
David B. Clarke,
David C. Dunn.
Robert Crockett.
ERRATA.
Page 198, before the resolution relating to the defences upon James river, insert:
" Mr. Saunders of Campbell submitted the following resolution
At the close of the paragraph, strike out " negative," and insert " affirmative,"
INDEX.
ACCOMACK.
Resolution for change of election pre¬
cinct in, 70
ACTS OF CONGRESS.
Resolution for printing of certain, 141
ACTS OF INCORPORATION.
Resolution as to, 145
ACTION OF CONGRESS AND THE
GENERAL ASSEMBLY.
Resolution for harmony between, 156
Rejected, and vote thereon, 156
ACTS OF EIGHTEEN HUNDRED AND
SIXTY-ONE.
No. 105, bill to amend, 168
Passed, * 209
Passed senate, 218
ACCOUNTS AGAINST CONFEDERATE
STATES.
Governor's message as to, referred, 17
ADJOURNMENT.
Motion for, and vote thereon, 113, 130,
149, 180-81, 186-87, 197,
201,202,215-16,221,275
ADJOURNMENT OYER FOR
ONE DAY.
Resolution for, 213
Agreed to, 213
Reconsidered, 214
Amended, and vote thereon, 214-15
Agreed to, 215
ADJOURNMENT SINE DIE.
Resolution for, 234
Resolution as to, 251
Resolution for, 274
Resolution considered, 290
Final adjournment, 354
ADJUTANT.
S. B. concerning office of, 324
Passed, 337
ADJUTANT GENERAL.
Reports from, 276, 304, 329
ADJUTANT GENERAL'S OFFICE.
Communication from governor as to
clerk in, 64
Bill reported, 96
S. B. 26, providing clerk, 93
46
Rejected, and vote thereon, 129
Reconsidered, 129
Passed with amendments; vote thereon, 192
Amendments agreed to, 199
ALCOHOL.
Resolution to provide for manufacture of, 207
Committee, 207
No. 131, bill therefor, 212
Passed, 292
ALEXANDRIA.
Resolution to relieve loyal citizens of,
from taxation, 67
ALEXANDRIA, LOUDOUN AND
HAMPSHIRE RAIL ROAD.
Resolution as to, 317
ALLEGHANY COUNTY.
Resolution for tax on dogs in, 58
No. 92, bill therefor, 155
Passed, 259
Passed senate, 272
ALLEN, JOHN H.
Petition of, 64
Adverse report to, 119
AMERICAN AGENCY.
S. B. 52, to amend charter of, 187
Rejected, 219
Reconsidered, 225
ANDERSON, J. R. & CO.
Petition of, 33
Withdrawn, 84
Memorial of, presented, 291
ANDERSON, M. L.
Death announced, 242
Resolutions in honor of, 242-3
Writ of election to supply vacancy, 244
Mileage and per diem to be paid to per¬
sonal representative, 244
ANDERSON, DR. L. B.
Resolution for exemption of, 321
ANDERSON, FRANCIS T.
Excused from further attendance, 318
ANNUAL MEETINGS OF THE GENE-
* RAL ASSEMBLY.
Resolution as to, 291
S. B. 136, providing for, 317
Passed, 319
3-58
INDEX.
ANNUAL REPORTS OF STATE
OFFICERS.
Resolution from senate as to, 317
Passed, 311)
APT, DAVID.
S. B. 33, for license to, 118
Passed, 118
APPEALS.
From decision of chair, 145
Tabled, 145
From decision of chair, 260
Tabled, 261
APPROPRIATIONS.
S. B. 81, making annual, 297
Passed, and vote thereon, 317
ARDENT SPIRITS.
Resolution concerning sale of, 23
Adverse report, 37
Concurred in, 46
Resolution to prohibit sale of, to negroes, 43
No. 121, bill in relation to sale of, 203
ARMS, STATE AND CONFEDERATE.
Resolution concerning collection of, 69
No. 64, bill therefor, 104
Passed, and vote thereon, 157
Passed senate, 168
Resolution concerning collection of, 245
ARMORY.
Resolution referring governor's message
as to, 41
Resolution as to committee on, 161
ARREARS OF TAXES.
No. 74, bill providing distress for, 119
Passed, . ' 286
ARSENAL.
Resolution for, at Liberty, 70
ARTICLES OF PRIME NECESSITY.
Resolution as to price of, 13
Committee appointed; enlarged, 19,30
Report, 23
No. 5, bill to regulate price of, 23
Recommitted, 30
Report taken up, 28
Report, 28-9
Resolutions concurred in, 29
Agreed to by senate, 36
Committee appointed, 36
Substitute, and tabled, 36
See Purchase of salt and salt works.
ASHE, ELIZA.
Resolution for relief of, 97
ASSESSMENTS BY COMMISSIONERS.
Resolution as to, 163
Adverse report, 193
ATLANTIC STEAM FERRY CO.
Resolution to amend charter of, 61
No. 29, bill reported, 63
Passed, 73
Passed senate, 93
ATTACHMENTS.
No. 110, bill in relation to, 182
Passed, 28(5
ATTENDANCE OF MEMBERS.
Resolution as to compelling, 211!)
No. 136, bill therefor, 21(1
Tabled, and vote thereon, 217
ATTORNEY GENERAL.
Report of, in relation to naturalization, 97
AUDITING BOARD.
No. 68, bill to authorize, to allow cer¬
tain claims, 108
Referred, 224
Tabled, 216
Report of president of, 165
•
AUDITOR OF PUBLIC ACCOUNTS.
S B. 24, providing additional clerks in
office of, 93
Report of joint committee to examine
office of, 121
J. M. Bennett elected, 302
AVIS, JOHN.
No. 50, bill for relief of, 87
Rejected, and vote thereon, 144
Reconsidered, 156
Passed, and vote thereon, 104
BAILEY, SAMPSON P.
Petition of, 181
Report, 109
BALDWIN, C. A. & CO.
Petition of, 35
Adverse report, 30
Concurred in, 46
BALES, EDWARD C.
Petition of, withdrawn and referred, 31
Resolution for relief of, 33
Adverse report, 35
Concurred in, 46
BANKS.
Quarterly returns of, h'6
Reports from, 15(5
Resolution to change place of business, 2"6
No. 166, bill therefor, 286
Passed, 323
Passed senate, 335
Report of committee on, 277
BANK OF BERKELEY.
Petition of, 20
BANK DIRECTORS.
Resolution as to number of, 61
No. 55, bill in relation to, 94
Passed, 211
Passed senate, 262
BANK OF PAGE.
Resolution to incorporate, 50
No. 123. bill to incorporate, 203
INDEX.
359
Indefinitely postponed,
BANK OF PITTSYLVANIA.
Resolution as to securities held by,
No. 65, bill reported,
Passed,
Passed senate,
BARBOUR, JAMES.
Nominated as senator,
Withdrawn,
BARLOW, ALEXANDER.
Remonstrance of,
248
81
106
259
302
98
102
107
13
69
BILLS WITHDRAWN AND *
REFERRED.
No. 221, session 1861, 14
No. 152, session 1861, 20
No. 224, session 1861, 35
S. B. 160, session 1861, 35
No. 125, last session, 40
No. 67, last session, 52
No. 225, last session, 61
No. 140, session 1853-4, 94
No. 194, session 1861, 97
BILLUPS, MAJ. R. S. •
Resolution for relief of, 11
No. 154, bill therefor, 251
BLAIR, WALTER D.
Nominated as general agent and store¬
keeper of penitentiary, 297
Renominated, 299
BASS, J. B.
Resolution for relief of,
BATTEAUX NAVIGATION.
Resolution as to,
BAYLEY, COL. A. C.
Communication from governor as to, 250
BAYLEY, EDMUND W.
Resolution for relief of, 14
No. 16, bill therefor, 42
Passed, and vote thereon, 62
Passed senate with amendments, 143
Amendments agreed to, 143
BAYLOR, GEORGE R.
Petition of, 11
Bill for relief of, * 60
Tabled, 64
Taken up and tabled, 331
BEAUREGARD, GEN. G. T.
Resolution in compliment of, 119
BECKLEY, ALFRED.
Petition of, 58
No. 39, bill for relief of, 78
BELLEVUE HOSPITAL.
Resolution to incorporate, 251
No 157, bill therefor, 257
Passed, 270
Passed senate with amendments, 276
Amendments agreed to, 276
BENNETT, J. M.
Elected first auditor, 301
BENNETT, COALMAN D.
Petition of, withdrawn and referred, 33
No. 44, bill for relief of, 78
Passed, and vote thereon, 241
Passed senate, 262
BERKELEY,
Resolution for writ of election in, 30
BIGGER, JOHN BELL.
Nominated as general agent and store¬
keeper of penitentiary,
BIG LICK SALT COMPANY.
No. 178, bill to incorporate, 306
BLUE, CHARLES.
Nominated as superintendent of peni¬
tentiary, 293
Elected, 293
BOARDS OF EXEMPTION.
No. 149; bill to define powers of, 240
Passed, 245
Passed senate with amendments, 253
Amendments agreed to, 253
BOARD OF PUBLIC WORKS.
Report of, 104
BOGGS, GEN. JAMES.
Resignation of, 56
Writ of election, 56
Message from governor communicating
death of, 166
BONDS OF CONFEDERATE STATES.
Resolution for exchange of bank stocks
for, 17
BONDS OF PUBLIC OFFICERS.
Report of committee on,, 280
Resolution as to, 306
BOOTH, MOSES G.
Resolution for relief of, 18
No. 32, bill therefor, 64
Passed, and vote thereon, 73-4
Passed senate, 93
BOULDIN, WOOD.
Bill proposed by, to be printed, 150
Leave of absence granted to, 280
BOUNTIES.
Resolution as to, 52
BRAY, JOEL E.
Resolution for relief of, 155
Adverse report to, 208
352
BOWYER'S BATTERY.
Proceedings of meeting of, presented, 131
3G0
INDEX.
BR|pGE ACROSS JACKSON'S RIVER.
Resolution as to rebuilding', '-£11
No. 148, bill therefor, 233
Rejected, and vote thereon, 322
BROWN, JOHN, RAID.
Resolution for compensation to officers
and men of 57th regiment in, 122
BROWN, DR. PETER F.
8. B. 64, for relief of, 212
Passed, and vote thereon, 237
BRYDIE, ROBERT B.
Resolution for relief of, 184
BRYANT, SAMUEL S.
Resolution for relief of, 116
No. 113, bill therefor, 193
Passed, and vote thereon, 28 <-/
Rejected by senate, 325
BRUCE, J. C.
8ee Virginia military institute, 55
BRUNSWICK COUNTY.
Resolution as to tax on dogs in, 315
Committee, 315
No. 185, bill therefor; passed, 315
Passed senate, 332
BUCHANAN COUNTY.
Resolution for change of name of, 128
No. 139, bill therefor, 222
BUILDING FUND ASSOCIATIONS.
Resolution as to, 193
BURKE, R. W.
Elected first doorkeeper, 4
BURKE, S. J.
Petition for exemptfbn of, 331
BURRUSS, H. T.
Nominated for sergeant at arms, 3
Elected, 3
BURTON, WILLIAM LEIGH.
Petition of, 22
BURWELL, WILLIAM M. ET ALS.
Petition of, 291
BUTLER, G. A.
Resolution for relief of, 258
CABELL, GEORGE C.
Resolution for relief of, 36
CALL OF HOUSE.
Motions for, 113, 183
Absentees noted, 183
Further proceedings dispensed with, 183
Absentees noted, 187
Further proceedings dispensed with, 187
Proceedings under, 197-8
Members noted as absent, 247
Further proceedings dispensed with, 247
Roll called, 275
Absentees noted; members excused, 275
Members not excused, 275
Sergeant directed to summon, 275
Resolution as to absentees, 275
Report of sergeant, 276
Further proceedings dispensed with, 27G
CANFIELD, E. W.
Resolution as to services of, 273
CASEY, JAMES.
See McKinney, Barney.
CARTMELL, N. M., ET AL.
Petition of, 70
CARTER, DR. W. G.
Resolution for relief of, 209
CATHERINE FURNACE COMPANY.
Resolution to incorporate, 58
No. 49, bill therefor, 84
Passed, 104
Passed senate, 115
CAVALRY HORSES.
Resolution for furnishing, 159
CALVERT, JOHN S.
Elected treasurer, 301
CHAMBERS, ROBERT.
S. B. 94, for relief of sureties of, 239
Passed, and vote thereon, 310
CHARLESTON, SOUTH CAROLINA.
Resolution concerning fire in, 45
No. 20, bill for relief of, 48
Passed, and vote thereon, 52-3
CHARTERS.
List of, communicated, 13
CHEMICAL WORKS.
Bill to incorporate, 32
Passed, 50
Passed senate, 55
CHISHOLM, O. F.
Petition of, 121
CIVIL CONTINGENT FUND.
No. 75, bill as to, 119
Passed, 125
Vote thereon, 126
Passed senate, 342
S. B. 117, providing appropriation to, 283
Passed, 283
CIVIL RIGHTS, ETC.
S. B. 68, to extend time for exercise of, 381
Passed, with amendments, 252
Agreed to by senate, 272
CLARKE COUNTY.
Resolution for relief of sheriff of, 49
CLERKS OF DISTRICT COURTS.
Resolution exempting, 279
Agreed to by house, 279
INDEX.
361
CLERK OF HOUSE OF DELEGATES.
W. F. Gordon, jr. elected, 3
CLERK OF HUSTINGS COURT OF
RICHMOND.
Resolution for relief of, 30
Adverse report, 106
CLERKS IN OFFICE OF ADJUTANT
. GENERAL.
Resolution for temporary, 246
Agreed to by senate, "246
CLERKS IN DEPARTMENTS.
Resolution for increase of salary of, 72
CLERK OF ACCOUNTS IN FIRST AU¬
DITOR'S OFFICE.
Resolution for increase of salary of, 52
CLERKS OF COURTS.
Resolution for allowance to,
CLERGY.
Invited to open sessions with prayer,
Vote of thanks to,
CLOCK.
Resolution for purchase of,
CLOTHING TO MILITIA.
Resolution for, 19th brigade,
CLAIMS.
Reports from committee of,
142
10
354
17
122
240
COLEMAN, JOHN J. t
Resigned, 286
COLLECTION OF TAXES.
Resolutions as to, 35, 44
COLLECTION OF REVENUE.
Resolution concerning, in certain coun¬
ties, 231
COLUMBIA.
Resolution as to lots in, 137
No. 83, bill therefor, 143
Passed, 219
Passed senate, 272
COMMISSIONERS OF THE REVENUE
OF HAMPSHIRE.
Resolution for relief of, 137
No. 91, bill therefor, 147
Passed, and vote thereon, 157
Passed senate, 168
COMMITTEES.
Standing, appointed,
15, 16,17
CLAIMS OF VIRGINIA AGAINST CON¬
FEDERACY.
Resolution as to, 309
Committee, 309
No. 179, bill therefor, 309
CODE.
Resolution to amend chapter 130 of, 38
Resolution to amend section 26, chapter
192, 52
Resolution to amend sections 52, 53 and
54 of chapter 61, 88
No. 34, bill amending section 12, chap¬
ter 77, 68
No. 33, passed, 79
Passed senate, 105
Resolution to amend, 107
S. B. 39, to change, 131
Reported, 168
Passed, 218
S. B. 9, re-enacting chapter 39, 332
Passed, 340
S. B. 106, amending, 305
Passed, 321
No. 142, to amend section 19, chapter 14, 226
Rejected, and vote thereon, 322
No. 186, amending section 25, chapter 61, 330
No. 138, amending Code, 222
No. 181, bill reported, 310
Passed, 317
COLBERT, MARION.
Resolution for relief of, 116
Adverse report, 125
COMMITTEE ROOMS.
Resolution concerning, 20
Committee, 20
Report, « 26
Resolution for, for congress, 217
Agreed to by senate, 227
COMMITTEE TO CONFER WITH PRE¬
SIDENT C. S.
Report of, 206
Enlarged, 209
Report, 216
Report sent to senate, 224
Report of, 335
COMMISSIONERS IN CHANCERY.
Resolution as to fees of, * 122
S. B. 61, for temporary, 181
Passed, 209
COMMON COUNCIL OF PETERSBURG.
Proceedings of, presented, • 27
COMPANIES.
Resolution as to muster of,
33
COMPENSATION OF MEMBERS OF
CONGRESS.
Resolution as to, from senate, 243
Tabled, 243
COSTS.
Resolution as to security for,
97
CONFEDERATE STATES CONGRESS.
Resolution to provide for accommoda¬
tion of, 53
Passed senate with amendments, 54
Amendments agreed to, 54
CONFEDERATE STATES WAR TAX.
Resolution for assumption of, 11
No. 69, bill to assume, 108
Engrossed, 108
362
INDEX.
Passed, and vote thereon, 112
Passed senate, 21'2
Resolution as to, 208
Proceedings of public meeting in
King &. Queen, 65
CONFEDERATE INSURANCE CO.
S. B. 58, to incorporate, 131
Passed, 131
S. B. to amend charter of, 224
Passed, 226
CONFEDERATE MUTUAL LIFE INSU¬
RANCE COMPANY.
Bill to incorporate, passed, 20
Passed senate with amendment, 227
Amendment agreed to, 230
Resolution to amend charter of, 296
Committee, 296
No. 171, bill therefor, 303
Passed, 309
Passed senate, 314
CONFEDERATE STATES TREASURY
NOTES.
S. B. 104, concerning, 302
Passed, 305
Resolution as to, 305
CONFISCATION OF RAIL ROAD
BONDS.
Resolution as to, 45
Adverse report, 100
CONFISCATION OF LANDS.
Resolution as to, 151
Committee appointed, 157
No. 98, bill therefor, tabled, 161
CONSTITUTIONS.
Resolution for copies of state and
confederate, 12
Resolution for publication of Con¬
federate States, 32
Agreed to, 32
Resolution as to new, 291
Resolution concerning 19th clause,
4th article of, 34
Referred, 45
Resolution as to construction of, 195
CONSTITUTIONAL MAJORITY.
Resolution as to, 145
Report, 182
Report taken up; motion to recommit, 188
Vote thereon, 188
Report considered, and vote thereon, 188-9
Substitute therefor, 190
Yote thereon, 191
Resolution of committee agreed to, 191
Yote reconsidered, 194
Resolution recommitted, 194
Report as to, 251
Report of minority, 257
Report considered, 281
Vote thereon, 281
Preamble and resolutions agreed to, 282
sing letter from president of, and
ordinance of, 105
COOKE, ROBERTSON.
Resolution for relief of, HI
No. 114, bill therefor, Hi;}
Passed, and vote theieou, 287
Passed senate, 325
COOPER, E.
Petition of, 121
No. .117, bill for relief of, HJi)
Passed, and vote thereon, 287
Passed senate, 2D7
CORRECTION OF JOURNAL.
Correction directed, 6G
CORD MEASURE.
S. B. 127, declaring standard of, 332
COTTON AND TOBACCO.
Preamble and resolution concerning, 234
COUNTY TAX ON SLAVES.
Resolution as to, 199
COURTS MARTIAL.
Resolution for use of penitentiary for
persons convicted by, G1
COVINGTON AND OHIO RAIL ROAD.
Resolution for extension of, 20
CRABTREE, JOB B.
Resolution for relief of, 31
CROSS, CYRUS.
Petition of, 35
Adverse report, 41
Concurred in, 4G
CRUTCHFIELD, OSCAR MINOR.
Preamble and resolutions in honor of
memory of, H6
CRIMINAL CASES.
Resolution as to trial of, 80
CRIMINAL CODE.
Resolution as to amendments of, 32
CULPEPER MINUTE MEN.
Resolution concerning, 2IG
No. 141, bill to reorganize, 222
Passed, 220
Passed senate, 256
CULPEPER SAVINGS BANK.
Petition of, 12
No. 122, bill to amend charter of, 203
Indefinitely postponed, 218
CUNNINGHAM, JOHN R.
S B. 30, for relief of, 105
Passed, and vote thereon, 192
CONVENTION OF NORTH CAROLINA. CURRELL, JOHN S.
Communication from governor, enclo- See Gresham, J. W.
INDEX.
363
DANIEL, WILLIAM, Jr.
Nominated as senator, 102
Withdrawn, 102
DANVILLE.
Resolution to amend charter of, 42
Memorial of council of, 73
No. 67, bill therefor, 108
Passed, 129
Passed senate, 239-40
DANVILLE AND GREENSBOROUGH
RAIL ROAD CONNECTION.
Resolution for, 13
Committee appointed, 17
See Piedmont rail road company.
DANVILLE MANUFACTURING
COMPANY.
S. B. 11, passed, 56
Read and referred, 56
Amended and passed, 83
Amendments passed by senate, 93
DAVIS, ARCHIBALD.
Petition of, 12
Adverse report concurred in, 46
DAVIS, THOMAS K.
Resolution as to sureties of, 69
No. 43, bill therefor, 78
Passed, and vote thereon, 156
Passed senate, 187
Resolution as to sureties of, 1859-60, 72
No. 42, bill therefor, 78
Vote on bill; no quorum, 183
Passed, and vote thereon, 183
Passed senate, 239
DAVIS, THOMAS W.
Petition of, and other volunteers, 109
DEBATE.
Resolution as to limit of, 110
Objected to, 110
Rule suspended, and passed, 110
DEFAULTING OFFICERS.
S. B. 44, concerning, 143
Passed, 310
DEFENCE OF CITIES AND TOWNS
Communication Rom governor as to, 157
No. 101, bill therefor, 162
DEFENCES OF THE CITY OF
RICHMOND.
Resolution as to, 157, 202
Committee, 202
DEFENCES ON JAMES RIVER
Resolution concerning, 198
Committee, 198
Report of, 199
No. 118, bill to provide, 199
Indefinitely postponed, 202
DEFENCE OF THE STATE.
No. 109, bill to call out certain military
forces for, 181
Substitute therefor, 186
Bill and substitute taken up, 195
Amendment, and vote thereon, 195-6, 205
S. B. 84, to call out certain military
forces, 206
Read twice and tabled, 206
Taken up and considered, 207
Amendment and vote, 209-10
Bill considered, 210
Amendment and vote, 210-11
Passed, 212
Conference asked, 232
Committee, 233
Report agreed to, 238
Agreed to by senate, 243
DEFENCE OF WESTERN VIRGINIA.
Resolution as to means for, from senate, 62
Agreed to, 62
Committee appointed, 62
DELINQUENT LANDS.
S. B. 27, concerning forfeited and, passed, 310
DELINQUENT OFFICERS.
Resolution concerning,
DELANY, CAPTAIN.
Resolution for relief of,
DEMISED PREMISES.
Resolution concerning possession of,
DESERTERS.
Resolution concerning,
DETAILS.
Resolution as to,
28
259
36
217
255
DE WITT, THOMAS H.
Nominated as second auditor, 293
DILLARD, HUGHES.
Resolution for leave to build a dam, 49
Petition of, 50
No. 30, bill therefor, 63
Passed, 73
Passed senate, 93
DIMMOCK, CHARLES.
Resolution for report on city defences, 200
DISCHARGE OF MILITIA.
Resolution as to, 159
Amended and agreed to, 159
Agreed to by senate, 160
DIRECTORS OF BANKS.
Resolution as to, 76
DISLOYAL COUNTIES.
Ordinance of convention concerning
elections in, communicated, 14
DISLOYAL JUDGES.
Resolution as to, 69
Committee to send for persons, &c. 76
Report of, 108, 155
Considered, 168
364
INDEX.
DISLOYAL DISTRICTS.
Resolution as to collection of taxes in,
DISLOYAL MEMBERS.
Resolution as to seats of,
Committee appointed,
DISLOYAL PERSONS.
Resolution as to,
84
209
DISTILLATION OF GRAIN.
Petition to prohibit, 62
Resolution as to, 76
Petitions, 85, 89, 94
Adverse report, 96
Petitions, 104,109
Resolution, 122
Petitions, 128, 137
Petition from Botetourt, 160
Select committee, 160
Committee appointed, 161
Petition, 161
No. 101, bill to prohibit, 162
Petition as to, 175
Bill taken up and amended, 175
Amendment, and vote thereon, 176
Bill further considered, 176-7
Amendment, 177
Vote thereon, 177
Resolution to refer, and vote thereon, 177
Bill further considered, .178
Engrossed, 178
Vote thereon, 178
Passed, and vote thereon, 206-7
Passed senate with amendments, 255
Amendments agreed to, 255
Act to be published, 258
Petitions as to, 252, 295, 333
Resolution as to, by Mr. Orgain, 311
DISTRESS FOR RENT.
S. B. 12, as to, of persons in military
service,
Passed,
DOCTORS OF MEDICINE.
Resolution as to tax on,
127
184
109
DOGS OWNED BY FREE NEGROES
AND SLAVES.
Resolution to amend act concerning, 214
No. 134, bill therefor, 214
Rejected, 292
DOORKEEPERS.
R. W. Burke elected first, 4
J. W. Montague second, 4
DORSEY, J. T.
Petition of,
Resolution referring,
DOSS, R. O.
Petition of securities of,
No. 40, bill therefor,
Passed, and vote thereon,
Passed senate,
B.
107
107
62
78
228
256
DOVER COAL MINING COMPANY.
Resolution to incorporate, 145
Committee appointed,
No. 97, bill therefor,
Passed,
Passed senate,
14!i
159
22h
256
DRAFT—MILITIA.
Resolution as to who shall be liable to, 21
Resolution as to persons refusing to
serve under, 284
DREW, A. M.
Resolution for relief of, 193
No. 129, bill therefor, 208
Passed, and vote thereon, 2HH
Passed senate, 325
DRILLS OF MILITIA.
Resolution concerning, 216
DUFFEY. GEORGE.
Petition of, 14
No. 33, bill for relief of, 65
Passed, and vote thereon, 79
Passed senate, 105
DULANEY, W. H.
S. B. 31, for relief of, 111
Passed, and vote thereon, 184
DUIGUID, WILLIAM.
Petition for exemption of, 321
DUNFORD, W. T.
Petition for exemption of, 245
Adverse report, 251
EASTERN LUNATIC ASYLUM.
Resolution for appropriation to, 1K7
Resolution for joint committee to visit, 241
Committee, 250
Mr. Tate excused, 264
Mr. Crockett appointed, 264
Report of committee, 295
EDWARDS, LAWRENCE B.
Petition for exemption of, 151
EDMONSON, C. R.
Resolution for relief of, 43
Petition of, 43
Adverse report, 65
ELECTIONS IN CAMPS.
Governor's message communicating re¬
turns of, 20
ELIZABETH CITY AND WARWICK.
Resolutions for relief of poor of, 44, HO
Adverse report, 101
EIGHTY-SIXTH REGIMENT.
Resolution for relief of, ' 160
EMANCIPATED SLAVES.
No. 28, bill to reduce to slavery, 63
Passed, 73
EMANCIPATION BY WILL.
No. 54, bill to prohibit, 88
Passed, 250
INDEX.
365
Passed senate with amendments, 261
ENGROSSERS, ETC.
Resolution as to, 121
ENGROSSMENT.
Bills ordered to, 219, 235-6,247-8
ENROLLED BILLS.
Report of committee, 171, 288
Report from senate, 247
Signed by speaker, 244, 252
ENROLLMENT OF BILLS.
Resolution as to, 131
S. B. as to, 139
Passed, 141
ENROLLMENT OF MILITARY
FORCES.
No. 89, bill for ascertaining and enroll¬
ing military forces, 146
Engrossed, 147
Passed, 149
Passed senate/ 151
ENROLLMENT OF PERSONS SUB¬
JECT TO MILITARY DUTY.
Resolution as to, 138
ENROLLMENT OF FREE NEGROES.
Resolution concerning, 30
No. 52, bill therefor, 87
Passed, 151
Passed senate with amendments, 161
Amendments agreed to, 162
EQUIPMENT OF VOLUNTEERS.
Resolution for reimbursing counties,
&c. for, 35
EXEMPTIONS FROM MILITARY
DUTY.
Resolution to diminish number of, 23
Resolution concerning, 33
Resolution as to, 50
No. 95, bill concerning, 155
Bill amended, 163
Proceedings thereon, 164-5
S. B. 67, concerning, 165
Read twice, 166
Amendments proposed and rejected, 166-7
Amendment as to member's of general
assembly, 167
Rejected, and vote thereon, 167
Amendment, 167
Agreed to, 167
Amendment; vote thereon, 167
No quorum, 167
Amendment, and vote thereon, 169
Bill further considered, 169-70
Amendment, and vote thereon, 170
Bill further considered, 170
Amendment, and vote thereon, 172
Bill further considered, 172-3-4
Bill passed as amended, 174
Amendments agreed to by senate, 181
Resolution for publication of act con¬
cerning, 182
Amended and agreed to, 1 182-3
47
Resolution as to,
Passed,
Resolution as to,
Agreed to^by senate,
Committee,
Resolution referred to,
253
253
255
255
255
255
Communication from governor in rela¬
tion to bank officers, 261
Resolution as to, 261
Agreed to by senate, 261
Series of resolutions in relation to, 261
First resolution agreed to, 261
Amendment to second resolution, and
vote thereon, 262
Resolutions from senate as to, 265
First resolution concurred in, 265
Amendment submitted, and rejected, 265
Second resolution amended, and rejected,
266-7
Vote thereon, 267
Reconsidered, 268
Agreed to, and vote thereon, 268
Proceedings on resolutions, 268-69-70
1st, 3d and 5th amendments agreed to by
senate, 271
1th and 7th amendments disagreed to by
senate, 271
2d and 6th amendments receded from by
house, 271
Resolution for publication of resolutions, 271
Resolution as to, of certain overseers, 274
Resolution as to, 284
Resolution as to employees of Jaines
river and Kanawha company, 291
Rejected, 296
Resolution as to, 292
Resolution as to tax on exempts, 295
No. 176, bill concerning partial', 307
No. 185, bill concerning, 315
Resolution from senate as to, 333
EXCHANGE BANK AT WESTON.
No. 87, bill for recovery of money stolen
from, 144
Passed, 228
Passed senate with amendments, 262
Concurred in, 263
EXPRESS COMPANIES.
Resolution concerning charges on, 64
No. 187, bill to regulate, 330
Resolution as to, 307
EXECUTIONS IN FAVOR OF COM¬
MONWEALTH.
S. B. 13, to regulate sales under, 63
Bill passed with amendments, 82
Amendments agreed to by senate, 115
EXECUTIVE EXPENDITURES.
Report as to, 208
EXTENSION OF SESSION.
Resolution for, 195
Resolution agreed to, 210
Vote thereon, 210
Passed senate, 210
FERGUSON, JOHN.
Petition as to,
340
366
INDEX.
FERRIES.
Resolution as to, 160
Resolution as to certain, 284
Committee, 284
No. 164, bill therefor, 284
Passed, . 307
Passed senate, 342
FIDUCIARIES.
Resolution as to, 64-5
Resolution concerning 88
Resolution as to, 312
FISHER, M. W.
Petition of, 22
FISHER & BROTHER.
Petition for relief of, 339
FITCHETT, WILLIAM T.
Resolution for relief of, 116
No. 84, bill therefor, 143
Passed, and vote thereon, 252
Passed senate, 276
FIELD ARTILLERY.
See Purchase of arms.
FOSSIL SALT.
Resolution concerning, 24
FORCES OF VIRGINIA.
No. 53, bill for list of, 87
Passed, 229
Passed senate, 262
FRANKLIN COUNTY.
Resolution from senate exempting
deputy sheriff in; agreed to, 292
FREDERICKSBURG.
Resolution to amend charter of, 33
Committee, 33
No. 11, bill therefor, 33
Passed, 44
Passed senate, 68
FREDERICKSBURG INSURANCE
COMPANY.
Resolution to incorporate, 240
No. 159, bill to incorporate, 277
Passed, 296
Passed senate, 325
FREEMAN, SAMUEL.
Petition of, superintendent, &c. 56
FREE NEGROES.
S. B. 60, for safe keeping of, arrested
by military authority, 181
Amended and passed, 249
Amendments disagreed to, 256
Insisted on, 257
Receded from and passed, 272
S. B. 118, prohibiting, from engaging
in certain occupations, 338
Tabled, * 339
FREE NEGRO POPULATION.
Resolution concerning, 13
Committee appointed, 19
FREE PERSONS OF MIXED BLOOD.
Resolution as to, 190
FREE SCHOOLS.
Resolution for establishment of, for
children of soldiers, 18
Adverse report, 4H
FREE SCHOOLS IN RICHMOND.
Petition #f board of commissioners of, 94
Adverse report, 155
FROBEL, D. W.
S. B. 103, compensating, 302
Passed, and vote thereon, 331
• GAETHER, CAPT. G. R.
Petition of, 184
GALLERY IN THE HALL OF HOUSE
OF REPRESENTATIVES.
Resolution for erection of, 233
No. 147, bill therefor, 233
Passed, and vote thereon, 2ii0
Passed senate with amendments, 335
Agreed to, 335
GATEWOOD, JOHN.
Resignation of, 56
Referred, ' 56
Report as to resignation of, 60
GEORGIA.
Resolutions from, 56
Resolutions from, communicated and
referred, 57
GENERAL AGENT & STOREKEEPER
OF THE PENITENTIARY.
Resolution requiring hew bond from, 306
Vote thereon, 306
Agreed to by senate with amendments, 313
Amendments agreed to, 314
Resolution for removal from office, 342
Vote thereon, 312
Resolution communicated from senate, 343
Motion to lay on table, 313
Rejected, and vote, 343
Vote on removal, 313
Resolution from senate, 341
Proceedings thereon, 344
Joint order postponed, 344
Resolution from senate for ballot, 352
Agreed to, 352
Vote on rem'oval, 352
Result announced, 352
Removed, 352
John Knote nominated, 352
Elected, 353
GEORGE, CAPT. JOHN M.
Resolution for relief of, 320
Committee, 320
No. 191, bill therefor, 331
GILL, R. W.
Resolution for relief of sureties of, 85
INDEX.
367
GILMER, JOHN,
fame entered on journal, 157
GLOVER, SAMUEL A. & CO.
'etition of, 308
GOODSON.
lesolution as to precinct election at, 70
GOLD AND SILVER.
Resolution concerning price of, 26
Resolution as to, 251
GOVERNOR.
Committee appointed to wait on, 10
Communications from, 10, 30
Communica.tion from, as to retired
officers, 30
Communication from, as to increase
of forces, 172
Communication from, 312
[Messages from governor indexed under
appropriate titles.]
GORDON, WILLIAM FITZHUGH, JR.
Elected clerk, 3
GRANDSTAFF, J. J.
Resolution for relief of,
Petition of,
GREEN, DUFF.
GRESHAM, JAMES W. ET ALS.
Petition of,
No. 15, bill tberefor,
Passed, and vote thereon,
Passed senate,
GUARANTEED BONDS.
No. 88, bill for payment of interest on
certain,
Recommitted,
Reported,
Passed, and vote thereon,
Passed senate with amendments,
Amendments agreed to,
HALIFAX.
Resolution to receive light infantry
company from,
Agreed to by senate,
37
67
50, 51
115
144
144
155
192
257
257
258
258
HALL OF THE HOUSE OF DELE¬
GATES.
Tendered to house of representatives, 292
HARVEY, JOSEPH F.
Death of, announced, 337
Resolutions in memory of, 338
HASKINS, JOHN H.
Resolution for relief of, 178
S. B. 101, for relief of, 319
Passed, and vote thereon, 319
HASKINS & LIBBY.
Resolution for relief of, • 109
HAYMOND, A. F.
S. B. 10, compensating, 71
Read and referred, 72
Bill passed, and vote thereon, 82
HELLER & CO.
Resolution for relief of, 94
HEMPHILL, HON. JOHN,
Funeral attended, 57
HILLSVlLLE MILITARY ACADEMY.
Resolution to incorporate, . 142
No. 137, bill therefor, 222
Passed, 320
Passed senate, 332
HIX, WILSON.
Petition of, 193
No. 127, bill for relief of, 208
Passed, and vote thereon, 287-8
Rejected by senate, 338
HOLLYWOOD CEMETERY.
Communication from governor as to
purchase at, 101
S. B. 72, for purchase of lot in, 243
HOOKE, W. W.
Resolution for relief of, 178
HOPKINS & WILT.
Resolution for relief of, 195
HORE, E. A. W.
S. B. 99, for relief of, 230
Passed, and vote thereon, 337
HORSES TAKEN IN SERVICE.
S. B. 17, providing payment for,' 263
Rejected, and vote thereon, 318
Reconsidered, 318
HARRISON COUNTY.
Return from, referred,
HARRISON, JOHN C.
Resolution for relief of securities of,
S. B. 108, for relief of,
Passed, and vote thereon,
17
214
304
308
HARDESTY, MAJ. WILLIAM II.
Resolution for relief of, 245
Petition of,
HARTLEY, S.
58
HOUR OF MEETING.
Resolutions as to, 104, 107
Taken up, and vote thereon, 109-10
Resolutions as to, 125, 150
Resolution for evening session, repealed, 153
Resolutions as to, 160, 171
Objected to, 171
Resolution taken up and amended, 171
Vote thereon, 171
Amendment to resolution as amended, 171
Rejected and vote thereon, 171
Agreed to, 172
Resolution as to, rescinded, 187
Resolution agreed to, 187
Resolutions as to,
279, 318, 321, 337
368
INDEX.
HULL & JOHNSTON.
Petition of, 17
Adverse report, 210
HUME, WILLIAM M.
Petition of, 42
No. 61, bill for relief of, 100
Engrossed, 189
HUNTER, R. M. T.
Nominated far senator, 98
Elected, 103
HUNTERSVILLE & WARM SPRINGS
TURNPIKE.
Resolution for appropriation to, 124
ILLEGAL ASSESSMENTS AND COL¬
LECTION OF TAXES.
No. 81, bill prescribing penalties
against, 140
Passed, 322
Passed senate, 332
ILLEGAL PROCESS.
S. B. 54, as to, 158
Passed with amendments, 229
IMPOSITION OF TAXES.
Resolution concerning, by usurped
authority, 21
Adverse report, 83
IMPRESSMENTS.
Resolutions as to, 14, 75, 84, 85
Amended, and agreed to by senate, 137
Amendments agreed to, 137
INAUGURATION OF PRESIDENT OF
CONFEDERATE STATES.
Tender of hall far, 190
INCREASE OF FORCES.
, Message from governor as to, 174
Resolution from senate far joint com¬
mittee to consider, 174
Resolution agreed to, and committee
appointed, • 174
INDIAN AFFAIRS.
Communication from governor concern¬
ing, .112
Letter of commissioner of, 112
INDIAN TRIBES.
Communication from governor as to, 81
No. 51, bill for transfer of stocks, 87
Passed, and vote thereon, / 107
Passed senate, 110
INSPECTION OF LEATHER.
S. B. 46, to establish, in Norfolk, 137
INTEREST.
Resolution as to collection of, by
fiduciaries,
44
IRON.
Resolution for encouraging manufac¬
ture of, 2IG
INDEMNITY OF OFFICERS.
Resolution as to,
58
INDIGENT SOLDIERS, ETC.
S. B. 67, for relief of, 181
Passed, 249
INSOLVENT MUSTER FINES.
S. B. 3, concerning; referred, 37
Passed, 120
ISAACS, WILLIAM B.
Petition of,
122
JACKSON COUNTY.
Memorial of citizens of, GO
JACKSON, JOSEPH.
No. 32*, bill to increase salary of, (it
Passed, and vote thereon, 71
Rejected by senate, 338
JAILORS.
Resolution for compensating, for cer¬
tain services, 190
JAILOR OF AUGUSTA.
Resolution for increase of compensa¬
tion to, 72
JAILOR OF BEDFORD.
S. B, 8, for relief of, 71
Read and referred, 72
Passed, and vote thereon, 78-9
JAILOR OF PRINCE WILLIAM.
Resolution to increase compensation of, 52
JAILOR OF RICHMOND CITY
No. 161, bill far relief of, 280
JAMES RIVER INSURANCE COM¬
PANY.
S. B. 15, amending charter of, 59
Passed, .59
JETER, DR. M.
Resolution to test cannon invented by, 60
Adverse report, 137
JOHNSON, LEVI.
No. 63, bill for relief of, 103
Rejected, and vote thereon, 296
JOHNSTON, GEN. JOSEPH E.
Resolutions in honor of, 74, 117
Agreed to, and vote thereon, 118
joint resolutions affirming
resolutions from georgia.
Passed senate, 59
Passed house, 60
joint stock Companies.
Resolution as to what salaries of officers
may be dispensed with-, 81
JONES, FLORA.
Petition of, 12
Adverse report, 39
INDEX.
369
Concurred in,
JONES, Jr., LEWIS.
Resolution for relief of,
Adverse report,
JONES, HENRY R.
Petition of,
JONES, WILLIAM, ET AL.
Resolution for relief of,
JONES, SAMPSON.
. Petition of,
No. 79, bill for relief of,
Rejected, and vote thereon,
JUDICIAL ELECTIONS.
Resolution concerning,
Adverse report,
JUDGMENT LIENS.
No. 184, bill concerning,
Passed,
Passed senate,
46
89
127
223-4
315
323
342
JURISDICTION OF COUNTY COURTS.
S. B. 74, extending, 225
Passed, 249
JURISDICTION OF VIRGINIA.
Resolution from senate agreed to, 87
Resolution of congress as to, commu¬
nicated, 101
KANAWHA NAVIGATION COMPANY.
Resolution as to transfer of loan to, to
James river and Kanawha company, 175
No. 132, bill therefor, 213
Passed, and vote thereon, 235
Passed senate with amendments, 270
Amendments rejected, and vote thereon, 279
Senate insist, 283
House recede, and vote thereon, 283
KELLEY, JOHN.
Petition of, 61, 80
No. 130, bill for relief of, 208
Passed, and vote thereon, 283-4
Passed senate, 325
KEMPER, JAMES L.
Elected speaker, 3
Leave of absence granted to, 311
Vote of thanks to, 311
KENNON, JOSIAH.
Resolution to exempt, 308
KERN, JOHN.
Nominated for sergeant at arms, • 3
KERSEY, EDWARD, ETC!
S. I). 18, for relief of, 71
Read and referred, '2
Passed, 125
KLEPTINE, P.
Resolution for relief of, 44
KNOTE, JOHN.
Nominated as general agent, &c. of
penitentiary, 297
Elected, in place of R. M. Nimmo, 353
KRIMER, S. S.
Resolution for relief of, 49
LAND TITLES.
Resolution concerning, 49
LARKIN, S. A.
Resolution for relief of, 200
LAWSON, CAPT. C. N.
Resolution to commission, 252
Passed senate, 255
LEAKE, CAPT. W. D.
Petition to exempt overseer of, 307
LEONARD, G. G. M. ET AL.
Petition of, 73
LIBRARY.
Report of joint committee on, 277
LIBERTY HALL ACADEMY.
Resolution to incorporate, 81
LICENSE.
No. 188, bill defining who may obtain, 330
Engrossed, 330
Passed, 340
Passed senate, 342
LICENSE TAXES.
Resolutions as to, _ 13, 76
S. B. 43, to refund, to volunteers, 143
Read and referred, 143
LIMITATION OF DEBATE.
Resolution as to, 150
LIST OF FORCES IN THE FIELD.
Resolution as to,
44
LOCKRIDGE, JAMES T.
Excused from further attendance, 306
LOYAL CITIZENS.
S. B. 51, to redress, 280
LOWE, E. LOUIS.
Resolution of invitation to, 31
Letter from, read and printed, 41
LUCY, GEORGE H.
Resolution for relief of, 145
LUNATIC ASYLUMS.
Message of governor as to, referred, 33
Member added to committee on, 145
Resolution for committee to visit, 147
LUNATICS.
No. 77, bill to remove lunatics from
penitentiary, 121
370
index.
LURAY AND FRONT ROYAL TURN¬
PIKE COMPANY.
Resolution for transfer of, 50
Adverse report, 78
LUSK, JOHN A. M.
S. B. 114, for relief of sureties of, 325
Passed, and vote thereon, 337
MANASSAS GAP RAIL ROAD.
See Rail road connection.
MANCHESTER AND PETERSBURG
TURNPIKE.
Petition to amend charter of, 13
No. 2, bill therefor, 21
Engrossed, 89
MARENGO LODGE.
S. B. 110, to incorporate, 305
Passed, 321
MARION TURNPIKE.
Resolution to construct, 251
MARGIN'S BOTTOM ROAD.
Resolution to incorporate, JIG
No. 104, bill therefor, ■ • 168
Passed, and vote thereon, 288
Passed senate, 338
MARSHALL, JACOB. W.
Petition of, 10
MARYLAND BRIGADE.
Resolution as to light artillery for, 190
MARYLAND SOCIETY.
No. 190, bill to incorporate,
330
MARYLAND VOLUNTEERS.
Resolution concerning, 166
No. 103, bill, 168
Passed, 191
Passed senate with amendments, 239
Amendments agreed to, 239
MAURY, R. H. ET. ALS.
Resolution for relief of, 11
No. 27, bill therefor, 60
Passed, and vote thereon, 73
See C. W. Purcell & Co.'
MAYO, R. A.
Governor's message as to claim of, re¬
ferred, 17
Adverse report, 87
McCORMICK, THOMAS.
Resolution for relief of, 58
No. 85, bill therefor, 143
Rejeoged, and vote thereon, 289
MCDONALD, A. W.
Report of, 276
Communication from, 338
Mcdowell county.
Petition of citizens of, as to county lines, 14
Adverse report,
Concurred in,
McGRAW, FATRICK.
Resolution for relief of,
McINTOSII, JOHN.
Petition of,
McKINNEY, BARNEY.
S. B. 47, for relief of,
Passed, and vote thereon,
%
MEADOR, WILLIAM T.
Resolution for relief of,
Uf>
i:»9
143
218
213
MEDAL.
Resolution for volunteers re-enlisting,
to receive, ]!)(>
%
MEMBERS OF GENERAL ASSEMI5LY.
Resolution as to exemption of, from mili¬
tary service, 223
Rejected, and vote thereon, 223
MEMBERS, WHO ARE OFFICERS IN
MILITARY SERVICE.
Resolution as to, till
Indefinitely postponed, 711
MESSAGES FROM GOVERNOR.
As to acts of 8th and 10th of February, 224
In enclosing bills, 224
Tabled, 224
Joint committee appointed to consider, 225
Referred, 225
See Report of committee to confer
with president.
MIDDLESEX.
Resolution as to volunteer company
from, 22!)
Agreed to by senate, ■' 247
See Volunteer companies.
MILITIA.
Resolution for compensation to, 11
Resolution for discharge of, 271
Agreed to, . 273
Agreed to by senate, 276
Resolution to be published, 27!)
MILITIA DRAFT.»
Resolution as to who shall be liable to, 21
MILITIA FINES.
Resolution as to, 76
MILITIA LAWS.
Resolution to amend, 58
MILITIAMEN IN MIDDLESEX.
Resolution concerning, passed senate, 329
Rejected, 330
MILITARY CONTINGENT FIJN1).
S. B. 92, to organize, 23!)
Communication from governor as to, 271)
Passed, and vote thereon, 273
INDEX.
371
MILITARY AFFAIRS.
lommittee on, enlarged, 43
Resolution to enquire of governor as
to progress under act of 10th Fe¬
bruary 1862, 280
MILITARY AND CIVIL DEPART¬
MENTS.
Resolution concerning, 61
special committee on, 84
Committee enlarged, 142
MILITARY DUTY.
Resolution as to Who subject to, 85
MILITARY HOSPITAL.
Resolution for,
MILITARY ROAD.
Resolution for, from Tazewell court¬
house to Cabell courthouse, !
Report, !
Concurred in,
MILITARY STRENGTH OF THE
STATE.
Resolution of request to governor as
to aggregate, ■
18
23
MINISTERS OF GOSPEL.
Resolution as to oaths to be taken by,
MINOR, FRANKLIN.
Excused from 'service on committee
on military affairs,
Excused from attendance,
MONCURE, WILLIAM A.
Death of, announced,
MONTAGUE, J. W.
Elected second doorkeeper,
MORGAN COUNTY.
Resolution for writ of election in,-
MORGAN, BRANCH O.
Resolution for relief of,
209
76
289
258
30
258
No. 14, bill therefor, 39
Passed, 64
Passed senate with amendments, 82
Amendments agreed to, 82
MYERS, E. T. D.
Communication from, 72
NAVIGATION OF NEW RIVER.
No. 6, bill to improve, 34
Bill taken up, 34
Ryder submitted, and rejected, 34
Bill tabled, 34
Ryder, 40
Bill passed, and vote thereon, 40
Passed senate, 47
NEGOTIABLE PAPER.
Resolution concerning, 94
' NEGRO CONVICTS.
Resolution to authorize hire of, 11
Committee appointed, 11
No. 1, bill therefor, 11
Passed, 14
Passed senate, 19
NELSON, R. E.
Name entered on journal, 157-8
NEUTRALS.
Resolution as to, 21-2
MORGAN AND FREDERICK TURN¬
PIKE.
Resolution for completion of, 138
No. 125, bill therefor, 208
MORRIS, DR. JOHN.
Petition to exempt overseer of, 289
MUNFORD, GEORGE W.
Elected secretary of commonwealth, 301
MUTUAL LIFE INSURANCE COM¬
PANY.
Resolution to incorporate, 72
Nq. 57, bill therefor, 100
Passed, 129
Passed senate, 233
MUTUAL LIFE INSURANCE COM¬
PANY OF LYNCHBURG.
Resolution for incorporation of, 24
NEW RIVER.
S. B. 1, to make part of, lawful fence,
Referred,
Passed,
No. 19, bill constituting part of, lawful
fence,
Passed senate with amendments,
Amendments concurred in,
No. 47, bill to declare portion of, lawful
fence,
Passed senate,
NEWMAN, A. M.
Memorial of,
NIMMO, R. M.
Nominated as general agent of peniten¬
tiary,
Elected,
Removed from offiee of general agent,
Nominated fox vacancy,
26
26
53
48
87
87
250
276
73
297
301
352
352
NITRE.
Governor's message concerning, referred, 37
NORFOLK BOROUGH.
S. B. 115, charter amended, 332
Passed, 332
NORFOLK CITY.
Resolution as to operations of officers at, 175
NORTHWESTERN BANK AT JEF-
FERSONVILLE.
Resolution for amending charter of, 52
No. 94, bill therefor, 155
Passed, and vote thereon, 228-9
372
INDEX.
Passed senate,
262
NORTHWESTERN LUNATIC ASYLUM.
Resolution, as to expenditure upon, (55
Message from governor us to, 60
OATHS.
Resolution as to, by usurped authority, 21
Adverse report, 83
OATHS OF OFFICE.
Resolution as to, by members of the gene¬
ral assembly, 50
OAK GROVE CHURCH.
Resolution to authorize sale of part of
land of, ' 279
Committee, 279
No. 102, bill reported, 280
Passed, 286
Passed senate, 295
OFFENCES BY SLAVES AND FREE
NEGROES.
Resolution as to, 88
OFFICE OF AUDITOR OF PUBLIC
ACCOUNTS.
Report of committee to examine, 339
OFFICERS OF ARMY AND NAVY.
Resolution from senate as to, 325
OFFICERS OF THE HOUSE.
Vote of thanks to, 354
OFFICERS OF MIL1TI4.
Resolution as to payment of, 277
Amended, 277
OFFICERS OF UNITED STATES.
Resolution as to resigned, 25
ORANGE AND ALEXANDRIA RAIL
ROAD.
See Rail road connections.
ORDERS OF THE DAY.
Nos. 106, 107 and 133, bills in relation
to small notes, made, 245
ORDINANCES OF CONVENTION. •
Resolution for copies to be furnished, 12
ORDINANCE No. 70.
No. 56, bill to amend, 96
ORDINANCES.
S. B. 37, to take sense of people on cer¬
tain, 125
Read and referred, 125
Indefinitely postponed, 249
ORDNANCE DEPARTMENT.
Resolution concerning pay of officers of, 22
Resolution concerning, 336
Committee, 336
No. 192, bill to amend act of 1861, 336
Passed, 336
Vote thereon, 336
Passed senate,
342
ORGANIZATION OF MILITIA.'
No. 24, bill to suspend ordinance of con¬
vention concerning militia, 55
Passed, 62
Resolution as to bill for, 125
OUTLAWRY.
Resolution concerning proceedings in
cases of, 23
Adverse report, 75
PACE, G. D.
Nominated as second doorkeeper, 4
PAGES.
Speaker authorized to appoint, 10
Resolution of thanks to, 354
PARCHMENT.
Resolution to amend rules, to avoid the
necessity of procuring, 14
PARKER, S. II.
Elected register .of the land office, 301
PARKER, THOMAS F.
Resolution for relief of, l'JH
PASSPORTS.
Resolution concerning,
245
PATROL DUTY.
Resolution as to, 2H4
PAY OF NON-COMMISSIONED OFFI¬
CERS AND PRIVATES.
Preamble and resolution as to, 121
Resolution as agreed to by senate, 137
PAY OF SOLDIERS.
Resolution for increase of, 20
Report, 27
Preamble and resolution as to, HO
Resolutions as to, 121,15!)
PAYMASTER OF VIRGINIA FORCES.
Communication from, . 0
Report, 1)7
Communication from, transmitted by
governor, 1H4
PENALTIES,
Resolution concerning, 60
Resolution for relief of officers from,
in certain cases, 22
No.'135, bill imposing, 216
S. B. 45, concerning small notes, 274
See Small notes.
PENDLETON COUN'IY.
Resolution as to election in, 13H
Report, ' 140
Tabled, 144
Memorial of E- T. Saunders; tabled, 161
PENDLETON, JAMES F.
Nominated as superintendent of peni¬
tentiary, 292
INDEX.
373
PENN, PETER P.
Resolution for relief of, 97
No. 66, bill reported, 106
Passed, and vote thereon, 119
PENITENTIARY.
No. 76, bill requiring storekeeper to
make quarterly statements, passed, 228
No. 77, bill to remove lunatics con¬
fined in, passed, 228
No. 76, bill passed senate, 256
Report of committee on, 280
PETERSBURG CAR, LOCOMOTIVE &
AGRICULTURAL IMPLEMENT
WORKS.
Resolution to change name of, 61
PERSONS CONFINED IN JAIL.
Resolution for increase of compensation
for board of, 20
Adverse report, 37
Concurred in, 46
PERSONS KILLED BY ACCIDENT.
Resolution for compensating families of, 97
Adverse report, 111
Communication from,
PETERSBURG IRON WORKS.
Resolution to incorporate,
No. 79*, bill therefor,
Passed senate,
PHILLIPS, REV. R. H.
Resolution for relief of,
No. 124, bill therefor,
PICKETS, GUARDS, ETC.
Resolution as to attempt to pass,
125
127
132
132
156
208
45
PIEDMONT RAIL ROAD COMPANY.
Incorporated by North Carolina, 165
No. 116, bill to authorize construction of, 193
S. B. 90, sanctioning ordinance con¬
cerning, 230
Amended and passed, 316
Vote on amendment, 316
Agreed to by senate, 324
PIKEMEN.
Resolution for regiment of, 183
No. 120, bill therefor, 203
S. B. 88, to organize, 225
Passed, and vote thereon, 331
PITTS, JUDGE E. P.
Report as to, taken up, 179
Preamble and resolutions submitted, 179-80
First resolution agreed to, and vote
thereon, 180
Second agreed to, 181
Preamble agreed to, 181
Passed senate, 196
Resolutions for joint committee to
prepare proceedings against, 196
Agreed to, 199
Committee, 199
Resolution postponing action in case of, 303
Agreed to by senate, 310
48
322
PLANTERS INSURANCE COMPANY.
No. 58, bill to incorporate, 100
Passed, 109
Passed senate, 124
POLLOCK, J. C.
Resolution for relief of, 125
No. 140, bill therefor, 222
Rejected, and vote thereon, . 227
Reconsidered, 260
Rejected, and vote thereon, 260
POLLOCK, MORRIS.
Resolution for relief of, 69
PORTSMOUTH.
Resolution to authorize city of, to
purchase stock, 109
POLLS IN MILITARY ENCAMP¬
MENTS.
Resolution as to opening, 60
PRESTON COAL, OIL AND IRON
COMPANY.
S. B. 73, to incorporate, 222
Passed, 251
PRESTON, WILLIAM BALLARD.
Nominated for senator, 98
Elected, 103
PRINTER OF COURT OF APPEALS.
Resolution to exempt, at Lewisburg, 291
Rejected by senate, 302
PRISONERS AT CAMP CHASE.
Resolution as to, 70
Committee appointed, 73
Agreed to by senate, 87
PRISONERS AT WHEELING.
Joint resolution as to, 124
PRIVILEGES AND ELECTIONS.
Report of committee of, 339
PROHIBITION OF CITIZENS HOLD¬
ING OFFICE UNDER UNITED
STATES GOVERNMENT.
See Ordinance No. 70.
PROPERTY OF RAIL ROADS.
Resolution for protection of, 28
PROVISIONAL ARMY OF VIRGINIA.
Resolution for change of ordinance con¬
cerning, 138
No. 102, bill reported, 168
Passed, 213
Passed senate, 254
PUBLIC LIBRARY.
S. B. 100, concerning removal of, at
Lewisburg, 263
Amended and passed, 273
Vote thereon, 273
Agreed to by senate, 273
374
INDEX.
PURCELL, C. W. & CO. ET ALS.
Resolution for relief of, 325
Passed, and vote thereon, 340
PURCELL, JAMES.
Resolution for relief of,
PURCHASE OF SALT.
Resolution as to provisional contract for,
Agreed to by senate,
Bill for, indefinitely postponed,
Vote thereon,
Reconsidered,
S. B. 126, communicated,
Taken up,
Motion for indefinite postponement of,
Vote thereon,
Rejected, and vote thereon,
Reconsidered,
Resolution as to contract for,
Agreed to,
PURCHASE OF SALT WORKS.
Motion to strike out first resolution and
insert resolution of minority,
Vote thereon,
Resolution agreed to,
No. 168, hill therefor,
Indefinitely postponed; vote thereon,
40
204
254
312
312
318
320
325
325
325
326
336
340
340
204
204
204
313
313
PURCHASE OF SMALL ARMS, ETC.
No. 115, hill to provide for, 193
S. B. 87, to provide, 212
Amended and passed, 214
Vote thereon, 214
Disagreed to by senate, 215
House insist, 305
Conference asked, 307
Committee appointed, 307
Report concurred in, 309
Concurred in by senate, 310
See Field artillery.
QUALIFICATION OF MEMBERS OF
THE GENERAL ASSEMBLY.
Read second time, 62
Substitute therefor, 62
Bill and substitute tabled, 62
S. B. 14, providing for, 63
Read and referred, 63
Passed, 179
RADY, JOHN S.
Resolution for relief of, 104
No. 86, hill therefor, ' 143
Rejected, and vote thereon, 260
RAGLAND, REUBEN.
Petition of, 49
Resolution in relation to, 49
RAIL ROAD CONNECTION.
Resolution for, between Richmond, Fre¬
dericksburg and Potomac and Manas¬
sas gap rail roads, 15
Message of governor as to, 38
Passed, and vote thereon, 89
RAIL ROAD CONVENTION.
Resolutions of, communicated,
205
RAIL ROAD ENGINEERS, ETC.
Resolution for punishment of, 50
RAIL ROAD FROM WINCHESTER TO
MAKT1NSBUKG.
Resolution for construction of, . (14
RANDOLPH, BRIG. GEN. GEORGE IV.
Letter from, 201
Referred, 234
RANDOLPH MACON COLLEGE.
Resolution as to charter of, 05
No. 36, bill therefor, (irt
Passed, 7!)
Passed senate, 105
RANGERS, COMPANIES OF.
Resolution for organization of, 1(10
No. 73, bill therefor, 115
Passed, and vote thereon, 174
Passed senate with amendments, 213
Amendments agreed to, 213
No. 177, bill to amend act concerning, 307
Motion to postpone, and vote thereon, 335
Rejected, and vote thereon, 341
Resolution for cannon for, 2%
RAPER, ROBERT.
Adverse report, 131
RECESS.
Resolution for, of senate, communicated, 41
Amended an<? passed, 41
Resolution for, 44
Agreed to, 51
REDEMPTION OF LANDS.
Resolution for extension of time for, 50
REGISTER'S OFFICE.
Report as to, 151
REID, JAMES.
Petition of, 190
No. 128, hill for relief of, 208
RELIGIOUS ASSOCIATIONS.
Resolution as to lands held by, 65
RELIGIOUS TENETS.
Resolution as to exemption of persons
having certain, 308
No. 180, hill therefor, 310
Passed, and vote thereon, 319-20
Passed senate, 329
REMOVAL OF RECORDS OF COURTS.
S. B. 20, for, 93
Passed with amendments, 100
Amendments agreed to, 102
RENT.
Resolution concerning recovery of, 36
Adverse report, 78
Resolution as to collection of, 145
REORGANIZATION OF MILITIA.
Ordinance concerning, referred, 12
Resolution as to, referred, 151
INDEX.
375
Resolution as to bills concerning, 122 !
No. 96, bill as to 17th and 28th brigades, 158 '
Passed, 259 !
Passed senate, 276
REPASS, HARVEY.
Resolution for relief of, 12
Adverse report, 27
REQUISITION FOR SLAVES.
Resolution concerning, . 97
REQUISITION ON VIRGINIA FOR
TROOPS.
•Communication from governor, 139
Resolution as to term of service, 139
Communication from governor referred
to joint committee, 139
Agreed to by senate, 139
Committee appointed, 139
No. 90, bill providing for, 146
Amendment, 148
Rejeoted, and vote thereon, 148
Substitute by Mr. Tomlin, 152
Amendment thereto, 152
Substitute withdrawn, 152
Mr. Bouldin's substitute, 152
Agreed to, and vote thereon, 152
Amendment; rejected, 152
Engrossed, 152
Ryder, 153
Rejected, and vote thereon, 153
S. B. 58, to raise troops, &c. 153
Passed, and vote thereon, 153-4
Ordered to be printed, 154
Resolution from senate explanatory of, 221
Motion to refer, 221
Agreed to, 222
S. B. 105, to amend act making, 250
Order of day, 265
Resolution to amend act, 340
Committee, 340
RESIGNED OFFICERS OF U. S. ARMY.
Resolution as to Virginians, 34
Communication from governor as to, 37
REUBURN, W. H.
Resolution for relief of, 258
REVENUE.
Resolution as to payment of, 1L6
REVISION OF MILITARY LAWS.
Resolution for committee on, 259
Agreed to by senate, 263
Committee, 270
No. J 72, bill therefor, 303
Tabled, 324
RIGHTS OF THE CITIZEN.
Resolution concerning, 58
RICHMOND, FREDERICKSBURG AND
POTOMAC RAIL ROAD.
See Rail road connection, 68
RICHMOND AND PETERSBURG RAIL
ROAD.
Resolution for release of lien on property of, 76
No. 119, bill therefor, 203
Passed, and vote thereon, 287
Passed senate, 325
RITCHIE, WILLIAM F.
Elected public printer, 301
RIVES, WILLIAM C.
Nominated for senator, 98
ROANOKE INSURANCE COMPANY.
Resolution to incorporate, 208
No. 146, bill therefor, 233
Passed, 315
Passed senate, 318
ROANOKE MILITIA.
Resolution for payment for clothing fur¬
nished to, 12
No. 72, bill therefor, 115
Rejected, and vote thereon, 228
ROANOKE VALLEY RAIL ROAD.
Resolution concerning, 30
Resolution for sale of, 290
No. 175, bill therefor, 307
Rejected, and vote thereon, 331
Reconsidered, 332
Passed, and vote thereon, 341
ROCK, WILLIAM.
Resolution for relief of, 81
Adverse report, 285
ROCKINGHAM COUNTY.
Resolution for change of election pre¬
cinct in, 70
No. 70, bill therefor, 111
ROSE, BARTLEY.
Petition of, 56
Adverse report, 78
ROSSER, ROBERT.
Petition of, 97
RUDD & GRESHAM.
Resolution for relief of, 84
RULES.
Adopted, 4
Spread on journal, 4-10
Thirteenth rule suspended, 264, 278
RUSSELL, CHARLES W.
Nominated as senator, 102
RYAN, JAMES.
Petition of, 104
Adverse report, 140
SABBATH VIOLATIONS.
S. B. 53, to prevent, 239
Passed, with amendments, 249
Concurred in, 254
SALES OF REAL ESTATE UNDER EX¬
ECUTIONS IN FAVOR OF THE COM¬
MONWEALTH.
See Executions.
376
INDEX.
SALT.
Resolution for contract for,
Committee appointed,
No. 4, bill to prevent extortion in.
Read first, to be read second time,
Resolution for purchase of,
Recommitted,
Reported,
Committee to confer with president of
Confederate States, 36
Committee to correspond with lessees
of salt works, 36
Resolution for joint committee to visit
salt works, 37
No. 4, bill amended, 39
Passed, and vote thereon, 41-2
No. 12, bill taken up and tabled, 44
Report of committee to confer with
president, 52
Deputation to visit salt works, 53
Agreed to, 54
Report referred, 62
Resolution for manufacture of, 150
SALTPETRE.
Resolution as to manufacture of, 57
Free negroes authorized to be hired, 57
Passed senate, 65
SALTVILLE AND TAZEWELL
COURTHOUSE ROAD.
Resolution for repair of, 251
No. 155, bill therfor, 254
Passed, and vote thereon, 324
Passed senate, 332
SAVINGS BANKS OF RICHMOND.
Memorial of, presented, 18
SAVINGS BANK FOR SMALL
EARNINGS.
Resolution to incorporate, 73
No. 62, bill therefor, 101
Passed, 250
Passed senate, 285
SAVINGS BANK IN HARRISONBURG.
Resolution to incorporate, 279
Committee, 279
No. 165, bill reported, 285
SCHOOL COMMISSIONERS.
Resolution concerning, of Rappahan¬
nock county, 30
Adverse report, 48
SCOTT, CLAIBORNE.
Petition of, 137
SCOTT COUNTY.
Resolution for change of name of, 128
No. 139, bill therefor, 222
SEA WATER SALT.
Resolution for bounties for manufac¬
ture of, 38
Resolution to encourage manufacture of, 43
Committee, 43
No. 22, bill therefor, 48
Rejected, and vote thereon, 54
54
93
138
195
SECOND AUDITOR'S OFFICE.
Report of committee as to, 128
Resolution to fill vacancy in, 264
Amended, 264
Agreed to, 265
SECOND READING.
Bills read second times, 220-21
SECRET SESSION.
House resolved into, 108,110
Secrecy removed, 154
Resolution to remove secrecy, 333
Rejected, 335
SEGAR, JOHN E. & CO.
Resolution for relief of, 61
Adverse report, 65
SELDEN, R. C.
Resolution for relief of, 64
SENATORS.
Resolution for election of, 40
Amended by senate, 53
Agreed to, 55
Joint order taken up, 97
Resolution to postpone, 97
Rejected, and vote thereon, 97
Resolution from senate to postpone, 98
Rejected, and vote thereon, 98
Resolution from senate to postpone
election, 99
Rejected, 99
Committee of conference, 99
Report of committee, 99
Agreed to, 190
Further report; agreed to, 191
Rule suspended, 101
Vote, 101-2
R. JJ. T. Hunter elected, , 103
WilGam Ballard Preston elected, 103
SEQUESTRATION.
Resolution as to, 303
SERGEANT AT ARMS.
H. D. Burruss elected, 4
SERGEANT OF THE CITY OF RICH¬
MOND.
Resolution concerning compensation of, 58
Adverse report, 106
Resolution for increased compensation
to, 178
SHAFFER, C. M.
Letter of, resigning his seat, 43
SHEEP.
Resolution concerning killing, by dogs, 69
Reconsidered, and passed,
SEALS OF COURTS.
S. B. 21, concerning taxes on,
Passed,
SEAMEN.
Resolution concerning,
INDEX.
377
SHEFFEY, H. W.
Elected speaker pro tem. 312
Vote of thanks to, 354
SHENANDOAH COTTON MANUFAC¬
TURING COMPANY.
S. B. 6, incorporating, 47
Passed, 48
S. B. 85, to amend charter of, 225
Passed, 226
SHERIFFS.
S. B. 102, to suspend proceedings
against, in certain counties, 280
Passed, 321
Resolution as to meaning of word, 241
Indefinitely postponed, 241
SHERIFF OFvBERKELEY.
Resolution as to, ' 66
SHIELD, ROBERT.
S. B. 93, for relief of, 239
SHOWALTER, WILLIAM S.
Resolution for relief of, 321
SHRADER, GEORGE L.
S. B. 40, for relief of, 154
Passed, and vote thereon, 154-5
SIMMS, THOMAS E.
Resolution for relief of, 39
Report on, 51
SINKING FUND.
Bill concerning, passed, 287
Passed senate, 325
SKETCHES OF ACTS.
Resolution from senate rescinding reso¬
lution for publication of, 314
Agreed to, 314
SLAVES.
Resolution to prevent escape of, 104
Committee appointed, 108
No. 156, bill therefor, 121
Rejected, and vote thereon, 341-2
Reconsidered, amended and passed, 342
SMALL NOTES.
Resolution as to issue of,
Resolution for suppression of,
Resolution for legalizing issue of, by
counties, &c.
Resolution for issue of, by banks,
Memorial from Fredericksburg,
Resolution concerning redemption of,
Resolution as to,
Petition of citizens of Prince Edward
as to,
Resolution as to,
Petition from Lynchburg as to,
Resolution to revive ordinance con¬
cerning, 67
No. 39, bill concerning, 75
Passed, 75
Passed senate, with amendments, 93
Amendments agreed to, 104
Resolution as to issue of, by savings
banks, 107
Petition of Roanoke savings bank, 121
No. 106, bill to amend act of 1862 con¬
cerning, 168
No. 107, bill to authorize corporations
to issue, 168
Recommitted, 256
Resolution as to issue of, by Franklin
savings bank, 258
Petition of Buchanan savings bank, 259
No. 158, bill to amend, &e. reported, 264
S. B. 45, amended and passed, 280-81
Vote, 281
Amendments agreed to, 290
No. 158, bill to amend, &c. indefi¬
nitely postponed, 307
No. 107, bill to authorize certain cor
porations to issue, engrossed, 308
Rejected; vote thereon, 311
S. B. 69, as to issuing, less than five
dollars, 322
Resolution as to oath against passing, 223
S. B. 89, concerning, 239
S. B. 69, passed, with amendments, 333
Vote thereon, 334
Amendments agreed to, 338
S. B. 89, passed, with amendments, 340
Amendments agreed to, 342
SMITH, CHARLES, AND HUGH KER.
Resolution for relief' of, 30
SMOOT, JAMES W.
Petition for relief of securities of, 37
Resolution therefor, 116
Adverse report, 182
SOUTH ANNA RIVER.
Resolution to make, lawful fence, 80
No. 46, bill therefor, 83
Passed, 286
SOUTHERN PROTECTION INSU¬
RANCE COMPANY.
Resolution as to, 68
Agreed to, 68
SOUTHAMPTON.
Petition of citizens of, 203
STAFF OFFICERS.
Resolution as to pay of, in militia, 145
STANDING COMMITTEES.
Resolutions as to, 76,197
11
12
18
18
18
23
40
41
52
61
SOUTH SIDE RAIL ROAD.
Resolution for change of line of, 70
S. B. 29, to change line of, 105
Passed, 106
SOUTHWESTERN TURNPIKE.
Resolution to transfer, to counties, 17
No. 60, bill therefor, 100
SPEAKER OF HOUSE OF DELE¬
GATES.
James L. Kemper elected, 3
Hugh W. Sheffey elected, pro tempore, 312
378
INDEX.
Passed senate, 208
Members added to, 79-80
STATE BONDS.
Resolution for confiscation of, held by
enemies, 49
STATE OFFICERS.
Resolution for election of, 158
Agreed to, 223
Agreed to by senate, 232
Joint order postponed, 235
Election of, 292
Joint order further postponed, 294
Election of, 297
Proceedings, 297-302
STATE SECURITIES.
Resolution concerning interest on, 227
STATE TROOPS AND VOLUNTEERS.
No. 48, bill to organize, 83
Substitute therefor, < 83
Order of day, 83
Substitute, 94
Bill amended, 105
Order of day, 110
Amendment, and vote thereon, 110-11
Amendment as to surgeons, &c. 112
Agreed to, * 112
Motion to reconsider, 112
Agreed to, 113
Amendment to amendment, 113
Rejected, 113
Amendment agreed to, and vote
thereon, 113-14
Amendment agreed to, 114
Motion to reconsider, and vote thereon, 114
Amendment, 114
Agreed to, 114
Motion to strike out 6th section, and
vote thereon, 117
Amendment submitted, 117
Bill and amendments tabled, 117
STATUTE OF LIMITATIONS.
Resolution to amend,
70
STAY LAW.
Resolution for modification of, 12
No. 9, bill to provide, 26
Resolution concerning, 36
No. 9, bill read second time and made
order of the day, 39
No. 18, bill passed, 47
Passed senate, ' 49
Petition from Loudoun as to, 200
Amendments to, submitted, 259
Motion to postpone, 284
Vote thereon, 285
S. B. 4, as to, 320
Taken up, 326
Amended, 326
Motion to postpone, 326
Vote thereon, 326
Vote on amendment, 326
Bill considered, 327
Substitute by Mr. Harrison, 327-8
Rejected, 328
Amended and passed; vote thereon, 329
Amendments agreed to by sonate,
STOCK KILLED BY RAIL ROAD.
Resolution as to, 72
STONE, SAMUEL.
Resolution for relief of, 116
STEVENS, HENRY C.
Resolution for relief of,
IV)
STEWARDVILLE SAVINGS BANK.
S. B. 76, to incorporate, 225
Passed, 244
SUBSTITUTES.
Resolution as to agents for procuring, 195
Resolution as to, 238
Indefinitely postponed, 238
Resolutions as to, 289, 312
SUBJUGATED COUNTIES.
Resolution for relief of, 14
SUPERINTENDENT OF HOLLYWOOD
CEMETERY.
Resolution to exempt, 278
Amendment, ' 278
Rejected, 278
Resolution passed, 278
Rejected by senate, 285
SUPERINTENDENT OF WEIGHTS
AND MEASURES.
S. B. 124, to abolish office of, 338
Passed, 339
SUTLERS.
Resolution for tax on,
60
SUTTON & DOZIER.
S. B. 71, refunding money to, 256
Rejected, 317
SWEET SPRINGS COMPANY.
Resolution as to improvements at, 203
TALIAFERRO, MAJ. GEN. WILLIAM B.
Report of, 217
Ordered to be printed, 227
TARIFF LAWS.
Resolution concerning,
75
TATE, M. B.
Nominated as general agent of peniten¬
tiary, 297
Renominated, 209
TAVERN KEEPERS.
Resolution as to, 241
Rejected, 241
TAX ON STATE BONDS, ETC.
Resolution as to remission of, 106-7
TAXES.
No. 82, bill imposing, for support of
government, 140
Bill amended, 185
INDEX.
379
Amendment, 185
Rejected, and vote thereon, 185
Bill farther considered, 186, 196-7
Recommitted, 197
Re-reported, 200
Amendment, and vote thereon, 200, 201
Engrossed, 201
Ryder, ' 205
Rejected, 205
Biil passed, and vote thereon, 205
Passed senate, with amendments, 290
Proceedings thereon, 304
Amendments disagreed to, 308
Action of senate communicated, 314
Conference asked for, 316
Committee appointed, 316
Report agreed to by senate, 323
Agreed to by house, and vote, 323
Resolution to refund, to residents of
Harpers Ferry, 76
TAXES AND ARREARS OF RENT.
No. Ill, bill.extending time for distrain¬
ing for, 182
TAYLOR, J. B.
Petition of, 190
Adverse report, 193
TREASURER'S OFFICE.
Report as to,
155
Petition of,
TAYLOR, GEORGE.
161
TAZEWELL COURTHOUSE AND
CHAPMANSYILLE TURNPIKE.
No. 24, bill to incorporate, 51
Engrossed, 62
Rejected, and vote thereon, 242
Reconsidered, 242
TEMPORARY DEFICIENCIES IN
TREASURY.
No. 143, bill to supply, 230
Passed, and vote thereon, 322
Passed senate, 332
TENNESSEE.
Resolutions from,
39
THOMAS, H. W.
Nominated for second auditor in place of
William A. Moncure deceased, 293
Elected, 294
Elected second auditor for regular term, 301
THOMPSON, JUDGE GEORGE W.
Resolution in relation to salary of, 77
Referred, 78
THORNTON, FRANCIS.
Resolution for relief of,
Adverse report,
THORN ROSE CEMETERY.
No. 112, bill to amend charter of,
Passed,
Passed senate,
45
158
TREASURER'S DEPARTMENT.
S. B. regulating salary of clerk in, 335
TREASURY NOTES.
Resolution for issue of, 34
S. B. 7, concerning, 100
Passed, 100
No. 170, to authorize issue of, 295
Passed, and vote thereon, 341
Passed senate, 341
Resolution for board to examine, 335
TRIAL.
S. B. 11, as to, of certain persons, 283
Passed, 321
TRIBUNAL TO TRY TRAITORS.
Resolution for establishment of, 251
TURNPIKES AND PLANK ROADS.
Resolution for sale of stock in, 66
No. 108, bill therefor, 175
TURNPIKES.
Resolution as to dead and dangerous
timber near, 20
No. 8, bill therefor, 24
Passed, 50
Passed senate, 68
TURPIN, WALTER.
Resolution for relief of,
183
TUNSTALL, MILES C. Jr.
Resolution for relief of, 142
TYLER, JOHN, DEATH OF.
Prayer by Rev. Dr. Moore, 90
Message of governor, 90-91
Preamble and resolutions, 91-2
Order of obsequies, 95-6
UNEXPENDED APPROPRIATIONS.
Resolution to rescind, 19
No. 13, bill as to, 37
UNION.
Resolutions to amend charter of, 178, 231
Committee, 231
No. 145, bill therefor, 233
Passed, 296
Passed senate, 325
UNIVERSITY OF VIRGINIA.
Resolution to suspend appropriation to, 22
USURY LAWS.
Resolution concerning, 35
Adverse report, 48
VACANCIES IN CERTAIN OFFICES.
286 No. 183, bill to supply, 314
286 S. B. 131, to supply, 317
325 Passed, 319
TOMLIN'S (H. B.) SUBSTITUTE. VACANT SEATS.
Resolution to print, as amended, 150 Report of committee, 19
380
INDEX.
Order of day, 19
Report taken up, 24
First resolution agreed to, 24
Second resolution agreed to, 24
Vote thereon, 25
Third resolution agreed to, 25
Fourth resolution agreed to, 25
Resolution for election to fill, 25
Memorial of C. W. Russell and others
as to, 32
Resolution for election to fill, 38
Substitute therefor, 38
Resolution and substitute laid on table, 38
Vote thereon, 38
VACANCIES IN HOUSE OF DELE¬
GATES.
Resolutions providing for filling, 66
Question divided, 67
Vote rejecting first resolution, 67
Resolution tabled, 67
Vote rejecting first resolution reconsi¬
dered, and resolutions tabled, 67
Motion for indefinite postponement, 89
VACANCIES IN SENATE.
S. B. 5, therefor, 46
Printed, 59
Tabled, 59
VAUGHAN, JOHN W., ETC.
S. B. 41, for relief of, 243
Passed, and vote thereon, 252
VICTORIA MINING AND MANUFAC¬
TURING COMPANY.
Resolution to incorporate, 259
No. 160, bill therefor, ' 277
Passed, 309
Passed senate, 325
VIRGINIA ANTHRACITE COAL AND
IRON COMPANY.
S. B. 16, to incorporate, 68
Read and referred, 68
Passed, 83
VIRGINIA CANAL COMPANY.
Governor's message as to, referred, 13
No. 3, bill concerning, reported, 21
Engrossed, 23
Passed senate, 51
VIRGINIA CHEMICAL WORKS.
See Chemical works.
VIRGINIA FORCES.
S. B. 49, as to lists of, 143
Passed, 143
VIRGINIA MILITIA.
Resolution for reorganizing the 17th and
28th brigades of, 121
See Reorganization of militia.
VIRGINIA MILITARY INSTITUTE.
Letter of J. C. Bruce communicated, 55
Report of board of visitors, 55
Semi-annual report of superintendent, 158
VIRGINIA ROLLING MILLS CO.
Resolution to incorporate, 2(1
No. 7], bill tlieiofor, 112
Read first, and ordered to be read a
second time, 144
Passed, and vote thereon, 228
Passed senate, 256
VIRGINIA'S QUOTA OF CONFEDE¬
RATE ARMY.
S. B. 19, to raise, 117
Taken up and read twice, J17
Substitute by Mr. Tomlin, 120
Debate limited, 120
Amendment, , 120
Vote thereon, 120
Bill and substitute taken up, 123
Amendment to substitute, 123
Motion to lay on table rejected, 123
Amendment agreed to, and vote thereon, 123
Amendment, 120
Vote thereon, 127
Vote reconsidered, 129
Amendment modified and agreed to, 129
Vote thereon, 129-30
Amendment to amendment, 130
Rejected, and vote thereon, 130
Bill further amended, 131
Amendment, 132
Agreed to, 132
Amendment, and vote thereon, 132-3
Amendment, 133
Rejected, 133
Amendment, 133-4
Main question, and vote thereon, 134
Amendment agreed to, and vote thereon, 134
Amendment, 134
Agreed to, 134
Amendment, and vote thereon, 134-5
Amendment, 135
Division of question, 135
First branch agreed to, and vote thereon, 135
Second branch agreed to, 135
Amendment to 14th section, 136
Rejected, and vote thereon, 136
Amendment, 136
Agreed to, and vote thereon, 136
Motion to suspend rule, to reconsider
the vote thereon, 139
Bill and substitute tabled, 141
Referred to joint committee, 141
Resolution as to, 266
VIRGINIA VOLUNTEERS.
Preamble and resolutions concerning
re-enlistment of, K6
Amended and agreed to, 88-9
Passed senate, 96
No. 178, concerning, 312
Motion to postpone indefinitely, 312
Vote thereon, 312
VOLUNTEERS.
Resolution as to taxes of,
Resolution concerning,
Resolution for increase of pay of,
VOLUNTEER COMPANIES.
Resolution as to number of volunteers,
and time of enlistment,
13
41
81)
67
INDEX.
381
Resolution as to, 229
No. 144, bill concerning certain, 233
Resolution as to, , . 234
Resolution agreed to, 233-4
No. 150, bill to authorize increase of, 240
Proceedings thereon, 242
Motion to postpone indefinitely, 246
Vote thereon, 246
No. 144, bill recommitted, 245
Resolution as to, 261
Agreed to by senate, 263
VOLUNTEER COMPANY IN MIDDLE¬
SEX.
Resolution as to, passed, 229
Passed senate, 247
VOLUNTEER COMPANY FROM
PETERSBURG.
Resolution as to, 265
Agreed to, 274
Agreed to by senate, 276
VOLUNTEER FORCES OF VIRGINIA.
Resolution to continue in service, 309
Committee, ' 309
No. 178, bill therefor, 309
Motion to postpone indefinitely, and vote, 312
VOLUNTEERS FROM VIRGINIA.
Resolutions as to, from senate, • 230
First resolution agreed to, 231
Substitute for second resolution rejected,
and vote, 232
Second resolution agreed to, vote there¬
on, 232-3
WARD, DANIEL.
Nominated for sergeant at arms, 3
WAREHOUSES.
Communication from governor in rela¬
tion to, 18
S. B. 25, providing temporary, 93
Reported, with substitute, 250
WARM SPRINGS AND HUNTERS-
VILLE ROAD.
Resolution for appropriation, 128
No. 80, bill therefor, 137
Rejected, and vote thereon, 185
Reconsidered, 185
S. B. 35, to repair, 199
Passed, and vote thereon, 203
WASHINGTON AND SMYTH SALT
WORKS.
Resolution for contract with lessees of, 15
Report of committee, 94
See Purchase of salt, &c. and Articles
of prime necessity.
WASHINGTON, JOHN.
Resolution for relief of, 61
No. 35, bill therefor, 68
Passed, and vote thereon, 79
Passed serrate, i05
WAYNE COUNTY.
Resolution as to representation of, 34
49
Report of committee,
Recommitted,
Report,
35
47
48
WEST FORK IRON MANUFACTURING
COMPANY.
Resolution to incorporate, 109
No. 91, bill therefor, 150
Passed, 192
Passed senate, 239
WESTERN LAND TITLES.
Resolution concerning, 43
WESTERN VIRGINIA.
Communication in regard to, 112
WHITEHEAD, A. J.
Resolution for relief of representative
of, 72
No. 45, bill therefor, 78
Passed, 241
Passed senate, 262
WHlTLOCK, CHARLES E.
Resolution for relief of, 109
WIATT, S. J.
Petition of, 40
WILLEY, COL. WILLIAM J.
Communication relative to, 193
Resolution as to, 256
Passed, 257
Resolution from senate in relation to
case of, 274
Vote thereon, 274
Passed, and vote thereon, 278
WILLIAMSON, A.
Resolution to declare seat of, vacant, 31
Report, 35
Recommitted, 47
Report, 48
WILKINSON, WILLIAM.
Resolution for relief of, 60
Adverse report, 83
WILSON, G. W.
Nominated for sergeant at arms, 3
WILSON, D. A.
Nominated as second auditor, 293
WINCHESTER.
Proceedings of common council,
33
WINCHESTER AND STRASBURG RAIL
ROAD CONNECTION.
Resolution for extending, 14
No. 17, bill to connect Manassas gap
with. Winchester and Potomac rail
road, . 46
Amendments submitted by Mr. Hunter,
70-71
Made order of day, 84-5
Substitute submitted by Mr. Hunter, 128
1 Engrossed, 144
382
INDEX.
Passed, and vote thereon,
Passed senate,
WINDER, GEN. JOHN H.
Letter from, as to free negroes,
147-8
'200
81
WINDSOR TANNING AND BOOT AND
SHOE MANUFACTURING COMPANY.
Petition for incorporation of, 38
No. 21, bill therefor, 48
Passed, 58
Passed senate, 87
WOODS, J. J.
Resolution for relief of, 72
WOOL GROWING.
Resolution for protection to,
57
WOOLDRIDGE'S (A. S.) ESTATE.
No. 41, bill therefor, 78
Engrossed, 147
Passed, and vote thereon, 151
Passed senate, 295
WRITS OF ELECTION.
Resolution for, 55
Amendment thereto, 55
Resolution as to, 289
Agreed to, 291
WYTIIE AND rULASKI.
Resolution for change of lines ot, 113
No. 59, bill therefor, llH)
Passed, 211
Passed senate, 25(1
WYTHEYILLE AND GRAYSON TURN¬
PIKE.
Resolution for subscription to, 111
Resolution for increase of capital stock, 2111
No. 151, bill therefor, 211
Rejected, and vote thereon, 289-UH
YORK COUNTY.
Resolution as to place of voting by
people of, 21W
No. 152, bill therefor, 244
YORK RIVER TRANSPORTATION
COMPANY.
Resolution to incorporate? 128
No. 153, bill therefor, 217
Passed, 315
Passed senate, 325
YORK SPIT LIGHT VESSEL.
Resolution for relief of officers and crew
of, 23
No. 99, bill therefor, lf>2
Passed, , 252
Passed senate, 272
DOC. No. I.
MESSAGE
OF
THE GOVERNOR OF VIRGINIA,
AND
ACCOMPANYING DOCUMENTS.
RICHMOND:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1861.
Doc. No. 1.
iii
MESSAGE.
EXECUTIVE DEPARTMENT,
December 2, 1861.
Gentlemen of the Senate
and House of Delegates:
Since the adjournment of the general assembly on
the 4th day of April last, Virginia has withdrawn from the Federal
Union, and has resumed her sovereignty as an independent state.
The reasons which impelled her to the adoption of this course are
numerous, and are ample to justify her action. It is sufficient to*
state that the government which our forefathers established was a
government of freedom and equality—that it has been subverted,
and its aims and objects defeated. Free will and the consent of the
governed were the great principles lying at its foundation. They
never entertained the idea that one section of the-country was to be
held by subjugation under the dominion of the other. Their own his¬
tory had shown that they had freed themselves from unwise and un¬
just legislation, from coercion and subjugation, by their revolutionary
struggle—the noblest and most glorious in its results that has adorned
the annals of history. They founded a government for the protec¬
tion of all, which commended itself to popular approval, and around
which the affections of the people were closely entwined, giving to
it strength, power and influence. In the pure days of its existence
it enjoyed the confidence of the people and commanded the respect
of the nations of the earth. So long as it gave protection, all were
interested in maintaining and perpetuating, its existence, but when it
ceased to afford protection, and the attempt was made to coerce and
subjugate states, the government of our forefathers was overthrown.
"VVe are in no sense responsible for the present condition of public
affairs. The northern masses, maddened by passion and inflamed by
prejudice, have pushed their aggressions upon us, until every con¬
sideration of duty and patriotism requires us. to separate from them.
iv
Doc. No. 1.
We desired to separate in peace. We wanted no war, but yet we
had made np our minds to vindicate our conduct on the battle field,
if needs be, and trust to that Giod who directs the destinies of men
and nations, to guide us into the pathway to success and indepen¬
dence. So far, he has watched over us; guarded and protected us
in our righteous resistance to tyranny; has presided in the councils
of our brave generals; has stimulated our officers and men to deeds
of noble daring, and has crowned our efforts with the wreath of
victory.
It would be an idle consumption of time to present all the reasons
which influenced our action, in this communication. They are fa¬
miliar to the public mind, and under their influence the people of
Virginia have pronounced their judgment at the polls; and by a ma¬
jority unparalleled, have declared for separation. The events that
have transpired since the 17th day of April, fully attest the sincerity
of their convictions. I am content to leave their vindication with
posterity, assured that their action will be fully justified.
The purpose of the federal president to subjugate us and coerce lis
to remain in a Union, the great aims "and objects of which have
failed, has involved us in a war of resistance to defeat his unholy tie-
signs. We have met his movements with a firmness, resolution aud
courage that become freemen in the maintenance of their honor, their
rights and their institutions. We have defeated his best troops, and
driven them in confusion and dismay from his own selected battle
fields. Bethel and Haynesville, Bull Run and Manassas, Rich Moun¬
tain and G-auley, Harpers Ferry and Leesburg, all attest the spirit,
the heroism, the patriotism and courage of the volunteers of the
Southern Confederacy. They have proved themselves equal to any
emergency, and have demonstrated that they are worthy sons of il¬
lustrious ancestors, who struck the first blow for freedom in the
western world.
It is not with us to determine whether this war shall be of long
or short duration. We have decided, however, that it cannot ter¬
minate until our enemies shall recognize fully and unconditionally
the independence of the Southern Confederacy. Whatever of men
or money is needed torwork out this result will be cheerfully fur¬
nished. There can be, and there will be no compromise. We xan
never again live in harmony and peace under the same government.
We can never entertain friendly feelings for a people who have
Doc. No. 1.
v
ruthlessly shed southern blood upon southern soil, in so execrable a
war. They have shown 'themselves our worst enemies, and such we
hold them to be. The separation that has taken place has been
signalized in blood, and it ought to be, and I trust will be a perma¬
nent separation. Reconstruction is not desirable, and even if it
were, it is now an impossibility.
It is our duty, therefore, to devote all our energies to a vigorous
prosecution of the war. Every thing must be done that vigilance
and fidelity require, and nothing left undone that patriotism and
prudence suggest as necessary for our protection against actual and
contemplated aggressions and encroachments upon our rights. No
hesitating or doubtful policy will -answer when armies are in the field.
Nor will it do to act alone on the defensive. The Susquehannah is
a better fighting line for us than the Potomac, and the sooner the
war is pushed forward to that jiine, the better for-Virginia and the
Southern Confederacy. To that line ft must go, if we would save
Maryland. Let our actions show to her people that we feel for their
condition, and that we intend to aid them in effecting their deliver¬
ance from the tyranny that now oppresses them, and thousands will
welcome us to their state, and flock to the standard of the Southern
Confederacy, with a resolution to plant that flag firmly upon her soil,
or die in the attempt. This war will not end until we show the
northern people the difference between invading and being invaded.,
In this connection I must not omit to notice the noble spirit and
promptitude exhibited by the gallant sons of that state, in coming
forward immediately after our ordinance of secession was parsed, and
making tenders of service to aid in the struggle, which was then
seen to be unavoidable. A more gallant set of men never graced a
battle field, and soldiers more true, more courageous, and more
faithful, never struck blows for freedom and independence. When
their state was subjugated, they left their homes, families and friends,
came to Virginia, entered her service, and have exhibited a devotion
and fidelity to the cause worthy of all admiration.
Veiy shortly after the secession of Virginia, in the full belief that
Governor Hicks, of Maryland would be disposed to unite with me in
the adoption of some, line of policy that would be calculated to give
mutual protection to our respective states against the encroachments
of the Lincoln government? I sent Judge William W. Crump of this
city, one of my aids de camp, a gentleman of fine intelligence and
vi
Doc. No. 1.
great prudence, to confer with him, and ascertain what would he his
course of action in the then existing condition of public affairs. On
calling upon Governor Hicks, Judge Crump very soon became satis¬
fied that the governor intended to go with the north, and would use
his influence, personal and official, to prevent Maryland from con¬
necting herself with her southern sisters. The conference, therefore,
soon terminated. Judge Crump's report is herewith transmitted.
For this struggle, so suddenly commenced, Virginia had for some
time been making such preparations as her means enabled her to
make; and although she was not so well prepared as was desirable,
still she was better prepared than most of her southern sisters—bet¬
ter perhaps than any one of them. For some time anterior to the
secession she had been engaged in the purchase of arms of different
kinds, ammunition, and other necessary articles, and in mounting
artillery, in anticipation of the event which subsequently occurred.
The reports from the ordnance department of the state, which have
been laid before the convention from time to time; will show what
she had done in the way of preparation, and what number of artil¬
lery for the field, and what number of small arms, ammunition and
other articles necessary for fitting out and maintaining an army, have
been issued. To Col. Charles Dimmock, chief of the ordnance de¬
partment, is the state largely indebted for what has been done, be¬
fore and since the war commenced. He is not only an accomplished
and well-educated military officer, but he is a systematic business
man, remarkable for energy and perseverance. His services to the
state have been, and are now invaluable in the position he occupies.
A large portion of the ammunition which has been used in the
war, was captured at Norfolk, and the heavy guns supplied to our
southern sister states for coast, river and land defence, were captured
with the navy yard at the same time. The capture of the navy
yard and of Harpers Ferry was accomplished without the loss of a
life, or a casualty of any description. All the field artillery which
we have issued belonged exclusively to the state of Virginia, and
much the larger part of it had been in her possession for a half cen¬
tury. The small arms were also her own exclusive property, save
seven thousand five hundred altered percussion muskets kindly fur¬
nished by the late Governor Ellis of North Carolina, who felt and
manifested the deepest interest in all that concerned the people of
this commonwealth. Death has removed him from the theatre of
Doc. No. 1.
Vll
action, but his memory will be cherished, his manly virtues honored,
and his name held in grateful remembrance by the executive and
people of Virginia.
On the 2Sth day of February 1846, the legislature directed the
superintendent of the armory to sell, under the direction of the ex¬
ecutive, all such arms and accoutrements then in the armory as were
not worth repairing. This order was construed by Governor Floyd
to include the iron six pounders then at the armory, and by an order
dated February 22, 1849, the superintendent was directed to sell
them at not less than twenty-five dollars each. Fortunately for us,
there were no bidders at that price, and the guns remained in the
possession of the state, and now each one of those pieces is in the
field, and they have proven to be equal to any guns of like calibre
now in service. How small a circumstance controls the greatest
events! What embarrassments would have attended our operations
in this important struggle, if these pieces had not been in our pos¬
session and ready for transportation to the field.
It is to be regretted that Fortress Monroe is not in our possession ;
that it was not as easily captured as the navy yard and Harpers
Ferry. As far back as the 8th of January last, I consulted with a
gentleman whose position enabled him to know the strength of that
fortress, and whose experience in military matters enabled him to
form an opinion as to the number of men that would be required to
capture it. He represented it to be one of 'the strongest fortifica¬
tions in the world, and expressed his doubts whether it could be
taken, unless assailed by water as well as by land, and simultane¬
ously. He stated emphatically and distinctly, that with the force
then in the fortress, it would be useless to attempt its capture with¬
out a large force thoroughly equipped and well appointed. At no
time previous to the secession of Virginia had we a military organi¬
zation sufficient to justify an attempt to take it; and events since
that occurrence demonstrate very clearly that with our military or¬
ganization since, and now existing, it has not been deemed prudent
to make the attempt.
Prior to the secession of the state, indeed from the commencement
of my gubernatorial term, I used all proper means within my reach,
aided and supported by the military commission, to prepare the state
for defence. In the first communication which I had the honor to
present to the general assembly, I used this language :
via
Doc. No. 1.
"Whether the Union shall survive or perish, it is, nevertheless,
your duty to place the state in such a condition that she will he pre¬
pared at all times, and upon the shortest notice, to protect her honor,
defeitd her rights, and maintain her institutions against all assaults
of her enemies. With this view, I recommend a careful revision of
the militia laws ; and, in this connection, I suggest that munitions of
war he procured and provision made for the organization of an elli-
cient military staff. It would be well, also, to specify in the law the
number of aids to which the governor is entitled, and designate their
rank. I cordially approve the bill herewith sent, for the organization
of a brigade of minute men, prepared by a gentleman remarkable for
his intelligence, military knowledge and experience. And, finally, I
commend the Virginia military institute to your favorable considera¬
tion, and urge that liberal appropriations be made for enlarging the
buildings and extending*the sphere of its usefulness."
In answer to this recommendation, the general assembly appro¬
priated one hundred and eighty thousand dollars, in bonds, to be ex¬
pended in the purchase of arms, equipments and munitions of war.
If we could then have purchased all the arms which we desired to
obtain, our state would have been in a better condition to repel the
assaults of the federal executive. At the time we made the purchase
of five thousand muskets from the federal government, we desired to
purchase ten thousand additional, but the authorities declined to sell
them to us, although five times the number were then in the arsenal
at Washington.
The appropriations for the purchase of arms were made, as before
stated, in bonds, all of which, under the law of the state, had to be
negotiated at par, before a dollar could be realized for purchases.
This was a source of serious embarrassment, and nothing but the
untiring zeal and indomitable energy of the military commission en¬
abled us to overcome the difficulties, and to make many purchases
which proved of immense value in the struggle in which we have
been and are now engaged. The thirteen Parrott rifled cannon,
and the five thousand muskets and the powder then purchased, fur¬
nish examples in point. It is a memorable fact in connection with
the purchase of the powder, that the military commission and the
executive were charged with wasting the public money in the pur¬
chase of more powder than the state was likely to colisume in many
years.
Doc. No. 1. ix
The record which Virginia presents in her contributions to this
war, is a proud one. Her sons can look upon it with satisfaction and
pleasure. It demonstrates her performance of duty. She has been
true to herself, to her ancient fame, and to her sisters of the Southern
Confederacy. With full knowledge, when she passed her ordinance-
of secession, that her own soil was to be the .battle field between the
contending parties, that she in taking her position placed herself be¬
tween the enemy and her southern sisters, and would receive the
blows that might otherwise fall upon them, she yet boldly occupied
the position, stepped forward and received the shock. How gallantly
her sons have maintained that position, history will attest. Her
patriotism, her devotion to the common cause, will be fully recognized
and admitted by ail.
It is impossible at this time to state the precise number of volun¬
teers and militia that Virginia now has in the field, owing to the fact
that the mustering officers 'at Norfolk, Lynchburg, Abingdon, Staun¬
ton, Winchester, Harpers Ferry, the Potomac division, and other
places, have'not made their returns to the inspector generafis office
in this city. From the' lights before me, I estimate the "number at
not less than seventy thousand. We have in service fifty-nine
regiments of infantry, and a considerable number of battalions and
companies in this arm of the service that have not been organized
into regiments. We have eight organized regiments of cavalry, and
a number of companies attached to different commands, which,'if
consolidated, would make probably three regiments more. We have
issued three hundred and fifteen pieces of artillery, nearly all of
which are in service in the field. One artillery regiment only has
been organized, and that was' organized at the instance of General
Magruder. When the war commenced, we were compelled to put
our artillery companies in the field as fast as they could be raised and
armed. The necessity which required the adoption of this course at
the origin of this war, has continued to exist, and I have felt it to be
a duty to transfer the companies to confederate control as soon as
they were mustered into service. It is not probable, therefore, that
additional artillery regiments will be organized at this* time.*
By agreement with the confederate authorities, the state of Vir¬
ginia paid off her volunteers in the field to the 30th day of June.
The paymaster general's report shows, that he has paid seventy-
eight companies of cavalry, fifty-two companies of artillery, four
ii
X
Doc. No. 1.
hundred and two companies of infantry, one company of cadets and
seven companies of militia. There remain to be paid six companies
of infantry and one of cavalry. We had therefore in service on the
30th day of June last., five hundred and forty-seven companies of nil
arms of the service, comprising forty-one thousand eight hundred
and eighty-five men, then in the field. The paymaster-general states
in his report: " The force which I report as having been in the field
and paid to the 30th of June, has been greatly increased by recruit¬
ing the companies, as reported to me by the paymasters. In many
cases they had increased twenty-five per cent.—in some, fifty per cent"
Since the date mentioned, we have added largely to our volunteer
force, and for months past the militia in the Valley, some portions of
the west, in the Piedmont region and in Tide water, have rendered
more or less service, under calls from the officers in command in those
sections of the state.
The alacrity and promptitude with wftich our volunteers and
militia have responded to the call of 'the executive, entitles tliern to
the thanks of the country. 'They have' exhibited a noble spirit of
patriotism, and the courage, coolness and heroism which they have
displayed on the field of battle, under the most trying circumstances,
are worthy of all praise. No men ever exhibited higher traits of
.gallantry, or more heartfelt and whole-souled devotion to a righteous
cause, than they have done.
The expenditures of the state for war purposes, since the 17th
day of April last; amount to more than six millions of dollars. Her
contributions of men and money for the common cause have been
cheerfully furnished, 'and her past course gives assurance of her
determination to spare no effort to insure success. She feels and
knows, and therefore acts upon, the principle that nothing short of
the full and free recognition of the independence of the Southern
Confederacy can give assurance of protection to persons and property,
and happiness and prosperity to her people. Every consideration,
therefore, that should influence a people, prompts us to repudiate all
compromises, to reject all advances towards reconstruction. We
must triumph in this struggle. In that alone consists our safety for
the present and for the future.
Some legislation is necessary for filling the place Po f our volun¬
teer forces now in the field when their present terms of service
shall expire. It* is not improbable that many of them will •decline
Doc. No. 1.
xi
to re-enlist after the expiration of their terms of service (at least for
a time); and this contingency should by all means be adequately
provided for. I commend this inrportant subject to your early con¬
sideration, with the full conviction that your wisdom will suggest
such legislation as will meet the case.
I avail myself of this, the first opportunity that has presented
itself, to return my cordial thanks, individual -and official, to his ex¬
cellency F. W. Pickens, governor of the state of South Carolina, for
his promptitude in sending" troops to our aid immediately after the
passage of the ordinance of secession;—for the deep interest he has
uniformly exhibited in our behalf, and for his generous and ready
response to every request I have preferred. He was the first execu¬
tive who proffered us aid and support, and hence the propriety of
this reference to him.
My convictions of individual and official duty, and every dictate of
patriotism have induced me to contribute in every proper mode to
aid the cause in which all we hold dear is involved. All the means
within my control have been cheerfully and promptly employed. As
a citizen of Virginia, and as the executive of the state, I felt it to be
incumbent upon me to co-operate cordially and heartily with the con¬
federate authorities in the adoption and prosecution of all measures
and plans which promised to advance the interests of the Southern
Confederacy, and to establish its independence upon a firm and
reliable basis.
In addition to arming our own troops, I have issued arms to such
unarmed regiments, battalions and companies as came from other
states to participate in this struggle. I have furnished to our friends
in Maryland three thousand muskets; to Tennessee, five batteries of
six-pounder field pieces, comprising four guns each, and have armed
a number of her infantry regiments; to Missouri, two six-pounder
rifled cannon and five hundred muskets; to Kentucky, thirty-six
hundred muskets; and have furnished arms to regiments, battalions
and companies from Texas, Louisiana, Georgia and South Carolina.
Very recently I have furnished one thousand muskets to South Caro¬
lina, and some heavy guns and five hundred muskets to North Caro¬
lina. The confederate and state authorities have worked together
for the advancement of a cause common to both, and the success of
which can only be secured by united counsels and concerted action.
I refer with mortification and regret to the unpatriotic spirit which
xii Doc. No. 1.
has been exhibited by a portion of onr people in Northwestern Vir¬
ginia, and to the disloyal and revolutionary acts to which they have
resorted to- dismember this commonwealth, and to organize a new
state within its limits. Their conduct is without justification or ex¬
cuse. The professions and pledges of the leading public, men of that
section, oft repeated before, at the time, and subsequent to the pas¬
sage of the ordinance of secession, induced the belief that they
would abide by the expressed will of a majority, as it might be ex¬
hibited at the polls. That will, fairly .expressed, was overwhelm¬
ingly in favor of the ordinance; and every obligation of patriotism,
every consideration of duty and of loyalty, the ties of kindred and
association, should have induced them to abide by and acquiesce in
this popular expression of sentiment. While claiming the common
name of Virginians, they have sought to place their brethren under
the subjection of a tyrant and despot, who, in utter disregard of the
constitution, and laws passed in pursuance thereof, has invaded the
territory of their native state, by a hired soldiery, composed of the
reckless and the abandoned, the dissolute and the depraved, gathered
from the purlieus of the cities and villages of the north, and the
floating scum of western population. The personnel of their army
is a living libel on mankind. Abandoning their own brethren, they
have given aid and support to these mercenaries, and have justified
them in shedding the blood of Virginians upon their own soil. They
have rejoiced with them in their small victories, and they have
mourned when a few thousands of southern volunteers have driven
their tens of thousands from the field. Could any thing he more un¬
natural, disgraceful and treasonable?
A day of retribution will assuredly come, and with it its certain
attendants of sliame and sorrow. The enemies of our rights ami our
peace will he driven from that fertile and valuable portion of Vir¬
ginia back to their homes in the north and the west; and those who
have counseled and abetted them will be made to feel that Viiginia
has power to execute her laws and visit punishment upon the guiliy
violators. Many of the purest, most intelligent and loyal of the
citizens of that section of Virginia have been driven from tlu'ir
homes, their personal property destroyed, and their landed e. talcs
laid waste and confiscated. They enjoy, as they should, the sympa¬
thy of their loyal brethren; and I trust the time draws nigh when
the measures which have been set on foot by the president will re¬
lieve their country from the tread of the invader, and restore them
Doc. No. 1.
xiii
to their homes. The military movements for the Valley and North¬
west are in charge of an officer (a native of Northwestern Virginia)
of tried courage and experience, whose skill, ability and merit have
sustained the severest tests in this and in the Mexican war. Let the
true, the faithful and the loyal rally to his standard, and second his
efforts for their deliverance.
The Northwestern portion of Virginia must not be abandoned and
surrendered to the traitor residents and the mercenary soldiery who
now occupy it. We owe it to those noble and generous men who
have stood by us throughout this great struggle, who have sacrificed
their all in their devotion to Virginia, and the south, who are now
refugees, scattered here and there throughout the loyal portions of
the commonwealth, far removed from all the endearments and com¬
forts of home and family and friends. We must restore these men
to their homes; we must repossess this country, and bring it again
under subjection to the laws of Virginia. The commonwealth must
not be dismembered. When' this war ends, she must be what she
was when it was inaugurated. The Ohio river was the western
boundary then, and it must continue to be her boundary.
Early in the month of May last I directed my aid de car®p, Judge
William W. Crump, to accompany an expedition to the Northwest,
and to take with him arms, to be placed in the hands of loyal citi¬
zens of that country, whom, from assurances I had received,, I ex¬
pected to be at ^r aft on to receive them. His report, herewith
transmitted, will explain the objects of his mission, and the, instruc¬
tions given to him.
In the retreat from Philippi, five hundred or more muskets and a
considerable quantity of ammunition fell into the hands of the enemy.
On the 14th day of June 1801 I issued a proclamation to the peo¬
ple of Northwestern Virginia, appealing to them to stand by the
state, and unite with us in repelling the invaders of their soil. A
copy of this proclamation is herewith communicated.
This war is to end at some time, and when it does end, the ques¬
tion of boundary between the two governments is to be adjusted.
We must therefore recover every square foot of southern territory
before we can think even of negotiating upon the subject. We can¬
not afford to surrender any part of the slaveho'lding territory; and
any policy which looks to such a result, should be indignantly re¬
pudiated.
xiv
Doc. No. 1.
The enemy have recently taken possession of the counties of Ac¬
comack and Northampton with a large force, estimated at from six
to eight thousand. • The isolated location of these counties, and the
impossibility of supporting the local volunteers and militia by addi¬
tional troops, while the enemy held possession of Maryland and the
bay, made them an easy capture. These counties must be recovered,
the citizens restored to their habitations, and relieved from the sub¬
jugation to which they have been reduced. The possession of Mary¬
land is indispensable to us in the present condition of affairs on the
Eastern Shore and in the Northwest.
Kentucky, Virginia's oldest daughter, paralyzed by fratricidal strife,
torn by intestine commotion, is now passing through an ordeal far
more trying than has fallen to the lot of any other state. She will,
however, pass through it safely. The courage and heroism, the reso¬
lution and patriotism, the will, the energy and unfaltering spirit of her
young men will bring her safely through this trial, and place her by the
side of the old.mother commonwealth in the Southern Confederacy.
We have assisted her as far as it was possible; and we now look
forward with confidence ttf the day when the flags of Virginia, Ken¬
tucky an^ the confederate government, floating together over her soil,
will assure her people that she is redeemed, regenerated and disen¬
thralled.
We have earnestly and hopefully watched the progress of the
revolution in Missouri, the gem of the Northwest. Our strongest
feelings have been enlisted in her behalf, because we find Virginians,
here and there, dotted over her territory. Virginia feels a mother's
affection for all her children, wherever located, and she rejoices with
them in their hours of joy, and sympathizes with them in their
moments of sadness. The brilliant successes which have crowned
her efforts so far, the glorious victories which have been won by her
soldiers on fields where the odds were against them, assure us that
her liberty and independence will be secured.
I introduce, in this connection, an extract from a speech made by
Mr. Lincoln in the house of representatives on the 12th day of Janu¬
ary 1848, peculiarly striking, and exactly suited to the existing con¬
dition of the country.
"Any people, any where, being inclined, and having the power,
have the right to rise up and shake off the existing government, and
form a new one that suits them better. This is a most valuable, a
Doc. No. 1.
xv
most sacred right-»-a right which we hope and believe is to liberate
the world. Nor is the right confined to cases in which the whole
people of an existing government may choose to exercise it. Any
portion of such people that can, may revolutionize, and make their
own of so much of the territory as they inhabit. More than this, a
majority of any portion of such people may revolutionize, putting
down a, minority intermingled with, or near about them, who may
oppose their movements. Such minority was precisely the case of
the tories of our own revolution. It is a quality of revolutions not
to go by old lines, or old laws; but to break up both, and make
new ones"
•
It would be unreasonable to expect success in every engagement,
in a war conducted upon such principles as the enemy have adopted.
We have officers in charge of our troops, of tried skill and courage,
and of enlarged experience in all military matters. They enjoy the
confidence of their men and of the country, and they have discharged
their duties with fidelity, zeal and judgment. We have at the head
of the confederate government a thoroughly educated military, man,
who has served with distinction and success in the field, who is' de¬
voting all his energies and tasking his intellect to the uttermost in
devising plans and originating measures calculated and intended to
advance the cause, and to bring the war to a speedy and successful
termination. With all these greatpadvantages, we must yet expect
to meet with some reverses. We must be prepared for them, and if
they come, we must not permit ourselves to be discouraged. We
must " bate not a jot of heart or hope, but bear up and steer right
onward." If driven from the field to-day, redoubled energies, re¬
newed spirit and courage will enable us to regain it to-morrow.
Heed not the croakers whose fears and diseased imaginations prompt
them always to look upon the dark side of every picture. We have
men of this class amongst us who grumble and complain when they
can find a listener; but the number of such is exceedingly limited.
Ninety-nine men out of every hundred are confident of success, and
are working with a will, a resolution and a determined purpose to
Achieve southern independence. They intend to establish a govern¬
ment of liberty and law, equality and justice. No men ever strug¬
gled in a nobler cause, and we must press forward, therefore, with
strong heart and stern resolution, reposing an abiding confidence in
the guardianship and protection of that Providence which has hitherto
watched over us, and given to our arms such signal victories.
xvi
Doc. No. 1.
The ladies of Virginia and the other states of the Confederacy
have manifested the deepest solicitude for the success of the cause,
and the strongest interest in all who were engaged in the service.
They have been unremitting in their efforts to promote tin? comfort
of the soldiers, and to administer to their wants. They have ex¬
hibited a singleness of purpose, a self-sacrificing disposition, a zeal
and a thoughtfulness in efforts to provide for those in the field, and
to relieve the sick and the wounded. Those delicate attentions
which woman alone knows liow to bestow, are exhibited in our
hospitals, and wherever else objects deserving of tlieir attention art*
to be found. Well have they performed their duties in this struggle,
and thousands of grateful tongues will chant their praises and cele¬
brate their virtues.
When our independence shall be established and recognized, as it
will be, what will be-its effect.upon the material prosperity of Vir¬
ginia ? With the best port in the, world, our commercial advantages
must be great. We may fairly and reasonably conclude that an
extensive, valuable foreign trade will at once spring up, which will
give' vitality to all the various interests in our state. It will- stimu¬
late manufactures, mining and agriculture, greatly augment produc¬
tion, and thus furnish profitable and constant employment to our
population. The boarded capital releasing "itself from the restraints
now imposed upon it, would find profitable investments in lands,
mineral and agricultural, in*the pursuits of mining arid manufac¬
turing, and in all the various branches of mechanical industry. No
state in the Confederacy abounds in greater natural resources and
advantages, and in every thing she requires to establish her pros¬
perity in their development. Direct trade with foreign nations will
give to us immense advantages that we have not heretofore enjoyed,
and which, under the legislation of the United States govermneut, it
was not possible for us to obtain. Fishing bounties, bounties to
steam lines, the protective policy, and indeed all the laws regulating
commercial intercourse in sea going vessels, foreign and coastwise,
had a direct tendency to the concentration of commercial power and
influence in the north—and such has been the result. The establish*
ment of our independence, and its natural consequence, direct
trade, will increase our population, enhance our prosperity, and add
immensely to our wealth and influence as a state.
•
I transmit herewith, a communication received from Hon. C. G.
Memininger, Secretary of the Treasury of the Confederate States,
Doc. No. 1.
xvii
dated September 17th, 1861, enclosing an act of congress entitled
" an act to audit the accounts of the respective states against the
Confederacy." I commend this subject to your attention^ and as it
is a subject of very great importance, and early action is necessary,
I trust it will be duly considered, and such legislation as may be re¬
quired will be adopted.
I recommend that the executive of the state be authorized to have
complete and accurate lists of all our forces in the field made out and
deposited in.the state department, and that an appropriation be made
to efiect this object. It is due to our volunteer and other forces,
that the state should preserve a record of their names, and the
length of service, for future reference, and as part of the history of
the commonwealth. The present is an important period, and eve^g
thing that is calculated to illustrate the history of the state or con¬
federate government, should be carefully preserved for reference and
use. The present times will have a historian, and the value of all
history depends upon its accuracy. Care and attention now will
provide and preserve the materials, and place them in reach of the
historian of our age and generation. I hope it will be your pleasure
to provide means to accomplish this valuable and desirable object.
The aggregate balance in the treasury on the first
day of October 1860, was - 254,308 66
Received from the 1st day of October 1860 to
September 30th, 1861, from all sources, - 10,187,653 84
10,441,962 50
The disbursements from the 1st day of October
1860 to September 30th, 1861, on all accounts,
amount to the sum of - 10,209,394 11
Balance on hand October 1st, 1861, $ 232,568 39
To the credit of the commonwealth, 138,214 84
To the credit of the Literary fund, - 17,793 87
To the credit of the Board of public
works,* - f - - 8,220 43
To the credit of the Sinking fund, - 68,339 25
$232,568 39
The report of the Sinking fund board, herewith transmitted, and
the report of the second auditor, will furnish much valuable, inte-
iii
xviii
Doc. No. 1.
resting and important information. I commend them to your con¬
sideration.
The report of the first auditor is a document of very great ability.
It embodies a vast amount of valuable instruction and important
information on subjects of interest to every citizen of the state.
The statistical information which it presents is extremely valuable,
and is presented in the best shape for ready reference. The industry,
skill and judgment which the tables exhibit in their preparation, ami
.the well known reputation of the auditor for accuracy, will cause
this report to be highly appreciated by intelligent men. I commend
the report most cordially to your careful examination.
The report of the attentive and indefatigable superintendent of
public buildings and grounds, and the recommendations and sugges¬
tions which it makes, are worthy of adoption, especially those relating
to .the renovation and repair of the capitol building.
A portion of the buildings at; the penitentiary, including the axe
factory and the webving establishment, were destroyed by fire on the
first day of July last. So soon as I heard the buildings were on fire,
T repaired to the penitentiary, and remained there until the fire was
subdued. On the next day I directed the superintendent to institute
an investigation to ascertain, if possible, the origin of the fire. The
fire was, beyond all question, the work of an incendiary; but although
the investigation has been prosecuted, we have not been able to
ascertain the guilty party or parties. The. buildings have been
reconstructed, and nearly all the machinery in the axe factory has
been replaced, and in a few days work in that branch of operations
will be resumed. The machinery in the weaving department, I
regret to say, we have "not been able to supply, and I fear some con¬
siderable time must intervene before this branch of manufacture can
be resumed. We have found it impossible to procure carding and
picking machines and looms, as we have no manufacturer of cards,
picks and looms in the Southern Confederacy that I am aware of. The
loss to the state is between ten and twelve thousand dollars, from
the best information I have been able to obtain. This loss has
seriously embarrassed the operations of the penitentiary, and as the
manufacture of axes was more profitable than any other branch of
industry carried on at the establishment, has greatly reduced our
receipts for the last half year.
In my last message I made several recommendations in connection
with this institution, which I regarded as imDortant. but none of
Doc. No. 1.
xix
which, J regret to say, were acted upon. Those recommendations I
now renew, and I earnestly hope the present general assembly will
consider and act upon them.
I urge earnestly but respectfully that the committees of the two
houses, appointed on the penitentiary, will make a careful and tho¬
rough examination of the institution, its management,"its accounts,
Jhe modes of furnishing supplies of raw material, the character of
that material, and of the articles manufactured, the management of
the penitentiary store, and indeed of every thing connected with the
establishment. Committees heretofore ha've given very little atten¬
tion to this institution—far less tfian it should have received at their
hands! It has always appeared to me that if this institution were
systematically and energetically managed—managed with that sys-
# tern and-energy that a business man would bestow upon any pursuit
in which he was engaged—it ought to yield a profit instead of being
a drain upon the treasury. It has never yielded a profit so far; but
it does not follow, therefore, that it cannot be made to yield a profit.
Seeing, since I have been in office, that it has been a burden upon
the treasury, I have been inclinhd«to think that it would be better to
rent out the establishment to the highest bidder, under such regula¬
tions as the wisdom of the general assembly may suggest. What¬
ever may be your conclusions on the subject, it is aertain that some¬
thing must be dqne' to secure more promptitude than has been here¬
tofore exhibited in its administration. Thp fiscal year terminated on
the 30th of September last, and up to this moment I have*received
no reports showing that its transactions have been settled up to that
date. The interval between this and the day of the meeting of the
general assembly is only three days. Why this is so, I am not able to
determine. I recommend that you pass a law requiring the accounts
for each quarter to be settled up and closed within ten days after the
quarter has expired.
I communicate herewith, reports from the directors of the Eastern
and Western lunatic asylums. They were received at so late a day
that I have had no opportunity to examine them. No report has as
yet been received from the directors of the Trans-Alleghany lunatic
asylum. I suppose no progress has been made with the buildings,
as Pierpont seized and carried away all the money to the credit of
the state in the bank at Weston, shortly after" the passage of the
ordinance of secession.
It is expected that the military institute will be again open for the
xx Doc. No. 1.
reception of cadets early in the month of January next. In a crisis
like this, I consider it a matter of the first importance to keep that
institution in operation. In the past six months we have had abun¬
dant reason to appreciate its value to the state. The services which
have been rendered by the professors and cadets have been invaluable,
and it is difficult to see how they could have been dispensed with
without serious detriment to the commonwealth and the southern
cause. This institution deserves to be fostered and supported, and I
trust you will provide liberally and generously for it.
I commend also the university of Virginia, the first literary insti¬
tution in the Southern Confederacy, to your fostering care and.atten¬
tion. It has established itself firmly in the affections of the people
of the state and of the southern country, and whatever is necessary
to enable it to maintain the reputation it has acquired, should be
cheerfully accorded to it.
The deaf, dumb and blind asylum buildings at Staunton are now
in the possession of the confederate government, and hre used for
hospital purposes. The pupils -ahd teachers have been removed to
the female institute buildings in that place, and are comfortably pro¬
vided for.
I commend to your consideration the report of the adjutant gene¬
ral, and the documents which accompany it. The onerous and op¬
pressive. duties of this office have been discharged with ability and
untiring energy and assiduity. Since the war* commenced the labors
of this officer have been greatly increased. They are of the most
responsible and important character. He has labored earnestly to
preserve the arms and keep them in place for a time of need, and in
this policy he has been ably and energetically supported by the su¬
perintendent ofi the armory. . If the policy declared in a resolution
passed by the house of delegates at the last session had prevailed,
and the flint lock muskets had been delivered to J. R. Anderson &
Co.. under their contract with the military commission, what would
have been the condition of our state at this moment ? Thousands of
our people would have been unarmed, and we could not have sent
to the field more than half of the men we have put in service,
at the. most important crisis for the south that has ever occurred.
The resolution failed to pass the senate, and the state retained the
possession of the arms.
Under the action of the convention, the armory has been trans-
Doc. No. 1.
xxi
ferred to the confederate government, to be held for use during the
war. The terms of the transfer are embodied in a deed" and agree¬
ment attached, which has been duly acknowledged and recorded in
the clerk's office of the hustings court of this city. This paper, and
others relating to the Harpers Ferry machinery, and the guns, am¬
munition, &c. captured at the Norfolk navy yard, have been com¬
municated to the convention, and will soon be published with the
proceedings of that body, and to them I refer you for full informa¬
tion on these interesting matters.
I have received from the secretary of the navy, Hon. S. R. Mallory,
an interesting correspondence relating to the supply of nitre, the
mode of preparing nitre beds, and their probable production. The
subject is of the first importance to every citizen of the Southern
Confederacy, involved as we are in a war which may continue for
years to come. Wars cannot be carried on without gunpowder, and
gunpowder cannot be fabricated without nitre. A supply of this
indispensable article must be procured speedily; and I bring the
subject to your attention, in the hope, nay with the confident expec¬
tation that-you will offer such inducements as will stimulate our peo¬
ple to engage in its production, and in th® manufacture of gunpowder.
Whatever action you may determine upon in regard to this subject,
should be taken with as little delay as practicable.
Powder mills have been or are being erected in the counties of
Page, Pendleton, Greenbrier, and perhaps in other sections of the
state, as I have been informed. What amount of powder they will
manufacture daily, I have not been able to ascertain. Any encourage¬
ment that can be given to the manufacturers should be afforded
promptly, in order that we may keep up the supply, and gather a
sufficient amount ahead to relieve all anxiety gn the subject, and to
give full assurance of an abundant supply of this indispensable article.
, ♦
The act passed at the last session to incorporate the'Virginia canal
company, and to transfer the rights and franchises of the James river
and Kanawha company thereto, will expire, by its own limitation, on
the iblth day of January next, if the Virginia canal company be not or¬
ganized by the appointment of a president and directors, as therein
required. I approved of the passage of the act; and if our troubles
had not occurred, I feel persuaded that the company would have
been organized, and the enlargement and extension of the improve¬
ment "commenced. Under existing* circumstances, I recommend an
extension of the time of organization. I think it is advisable to ex-
xxii
Doc. No. 1.
tend it to the 29tlf day of January 1M>3, as I believe, if peace shall
be restored, a very short time only will elapse before the contem¬
plated arrangements will be consummated.
The convention having passed an ordinance prescribing the flag of
Virginia, I have had a number prepared, which I have presented to
our infantry regiments at Centreville, and others are in course of
preparation for the other regiments now in service. The scene on
their presentation at Centreville was most interesting. The flags
were received with demonstrations of patriotic joy, and as the regi¬
ments retired, with their flags waving in the breeze, the display was
striking and imposing. The presentation took place in the presence
of Generals Johnston, Smith, Beauregard, Longstreet, Stuart, Jack¬
son, Early, Cocke, and o'ther distinguished officers. It is due to
General Johnston to say that the preparation and presentation of the
flags was suggested by him.
The rail road companies of the state have been active, energetic
and faithful in the performance of duty in this crisis. Their officers,
employees and agents have spared no proper effort to transport, with*
the least possible delay, troops, supplies and ammunition to desired
points; and they deserve and will receive the thanks of the people
not only of Virginia, but of the Confederacy*. They have justly
won the confidence of the country, and in times like these it becomes
the legislature to deal generously and liberally with them, giving to
them such aid as will enable them to promote the public interest,
without pecuniary sacrifice.
Our rail roads have not been constructed with special reference to
military purposes and objects, but the war has demonstrated that if
they had been constructed with this view, they could not have been
better adapted to our wants and necessities. The Virginia and Ten¬
nessee, the Central, the Orange and Alexandria, the Manassas Gap,
the Richmond, Fredericksburg and Potomac;, the Richmond and Pe¬
tersburg, the South Side, the Richmond and Danville, the Harpers
Ferry and Winchester, the York River, and last, but by 110 means
least, the Norfolk and Petersburg roads, have all rendered essential
and valuable services. Indeed, it is difficult to conceive how we
could have dispensed with them, or either of them. Their connec¬
tions are as important as the roads themselves; and it really seems
as if Providence had guided our engineers in the selection of the
routes, with a view to providing the best means for the defence of
the state in the existing contingency. Take the map, examine it
Doc. No. 1.
xxiii
carefully, and it would seem as if the same wise Providence had
superintended, directed and controlled our entire system of internal
improvements of every kind in Virginia and throughout the Southern
Confederacy.
The subject of the currency, at all times of the utmost importance,
is doubly important now, when the public attention is so entirely
engrossed with the war, its prosecution and its results. Your atten¬
tion is earnestly invited to the consideration of such measures as will
relieve the people from the mischiefs of an inflated and irresponsible
small note currency. The whole country is flooded with small notes,
as small in amount as five cents, and running up to three dollars,
issued by corporations and individuals. The pecuniary responsibility
of the individuals who have issued large amounts of this kind of
paper is entirely unknown to persons residing out of their immediate
neighborhoods. Such notes can have only a local character, circula¬
tion and credit; and if, as is often the case, they fall into the hands
of persons who carry them away to some other point in the state,
the holder finds himself unable to use them in his business trans¬
actions ; and they therefore become a total loss.
Some of our corporations, that have been generous in appropria¬
tions to aid in providing for our volunteers and their families, have
issued considerable amounts, which constitute, in great measure, the
local circulation. Such is the case in regard to the city of Richmond,
and perhaps other places. The city has issued near three hundred
thousand dollars of notes of denominations of one and two dollars
and of fifty cents. Our city and town corporations, savings banks,
and numerous individuals, in different parts of the state, have issued
large amounts. I have no information which will enable me to state
the amount, but from such information as I have received, I estimate
the amount of the issues of small notes (exclusive of those issued by
our banks) at upwards of a million of dollars.
On the 26th day of April 1861 the convention passed "an ordi¬
nance authorizing the banks of the commonwealth to issue notes of
the denomination of one and two dollars, to an amount not exceed¬
ing five per cent, of their respective capitals." I am not advised as
to the amount that has been issued under the ordinance. The ag¬
gregate capitals of all our banks, as appeajrs from returns made to
this department, is $16,566,510, five per cent, upon which would
amount to $ 82,833 50. This ordinance expires by its own limita¬
tion at the end of thirty days from this day.
xxiv
Doc. No. 1.
If we are to have notes of the denomination of one and two dol¬
lars, exclusive of those authorized to be issued by the banks of the
state, I recommend that you shall prescribe the terms and conditions
upon" which, and designate the authorities by whom they shall be
issued. It is due to the laboring classes, who are usually the sufferers
from a small note currency, that this shall be done# I have no hesi¬
tation in recommending that individuals shall be prohibited from
issuing them, under severe penalties.
Under the authority vested In me by an ordinance of the conven¬
tion, I issued a proclamation, dated May 11th, 186 L, prohibiting the
exportation of breadstuff's, &c. from this state to any one of the
states under the dominion of Lincoln. Robert A. Mayo, Esq. had a
contract with the United States government for ^supplying tobacco
for the navy fof three years from July 1st, 1860. He desired to fill
his contract, but the proclamation prevented him from doing so, and
as he insists that he has been damaged, he desires to bring the ques¬
tion before the general assembly. The papers will be hereafter
transmitted.
You assemble, to enter upon your legislative duties, at a period of
unusual interest and importance to tfye state, and not less important
and interesting to the Confederacy. I congratulate you upon the
agreeable fact that the antipathies and prejudices engendered by the
partisan contests through which we have annually passed, while
members of the old government, have almost died away, and have
been succeeded by an " era of good feeling." You meet together
as Virginians, to inaugurate and adopt such measures of legislation
as will advance the prosperity of our people, and strengthen and
multiply the ties that bind together the states composing the Con¬
federacy. It becom es patriots to cultivate a kind and fraternal spirit,
to the end that our counsels may be harmonious and our action
united. I will be found ready to co-operate in all measures which
your wisdom and patriotism may suggest for the promotion of the
happiness, for the advancement of the prosperity, for the mainte¬
nance of the rights and the preservation of the institutions of our
constituents, and the perpetuation of civil and religious liberty.
Respectfully,
JOHN LETCHER.
JOURNAL
OF THE
HOUSE OF DELEGATES
OF THE
STATE OF VIRGINIA,
FOR THE
EXTRA SESSION, 1862.
KICHMOND:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
18 6 2.
JOURNAL
TUESDAY, April 1, 1862.
The Speaker called the house to order at 11 o'clock.
A proclamation of the governor was read as follows I
By the Governor of Virginia—A Proclamation.
Whereas it is provided by law that " whenever a majority of the
members of both houses of the general assembly shall, after their
adjournment sine die, desire to convene the same in conformity to
the constitution, they shall make application in writing to the go¬
vernor under their own signature, and the same shall be deemed a
proper application by the governor ; and he shall thereupon convene
the general assembly at such time and place as shall be designated
by a majority of said applications and it appearing by the papers
hereto annexed that the governor is requested to convene the general
assembly on this first day of April 1862:
Therefore, I, John Letcher, governor of the commonwealth of
Virginia, by virtue of authority vested in me by the constitution of
the state and the law aforesaid, do hereby proclaim to the senators
and delegates of the general assembly that they are required to con¬
vene at the capitol in the city of Richmond on this day at eleven
o'clock, to legislate further for the interest of the commonwealth, as
they may deem necessary and proper. ■
[Seal.] Given under my hand as governor, and under the seal of
the commonwealth at Richmond, this first day of April 1862, and in
the eighty-sixth year of the commonwealth.
John Letcher.
By the governor:
George W. Munford,
Secretary of the Commonwealth.
His Excellency John Letcher, Governor of Virginia :
The undersigned, members of the senate and house of
delegates of Virginia, respectfully request that you will convene the
general assembly, to meet on this 1 st day of April 1862.
Senate.—John Dickenson, Wm. D. Pate, C. Y. Thomas, J. K. Mar¬
shall, Wm. L. Early, Bolivar Christian, James D. Armstrong, H. W.
Thomas, John D. Pennybacker, John Brannon, R. R. Collier, James
4
JOURNAL OF TILE
Neeson, Thomas M. Isbell, R. A. Coghill, 0. B. Finney, Cyrus A.
Branch, Wm, F. Thompson, James II. Carson, Jas. M. Whittle, Jas.
F. Johnson, Ro. M. Wiley, Charles B. Ball, John R. Garnett, Win.
Frazier, William D. Hart, Charles W. Newlon, W. W. Newman, Cli.
Massie, Wm. W. Carraway, jr., J. A. Alderson.
House of Delegates.—Sam'l M. Wilson, Nath'l Riddick, Valentine
Thrash, P. W. McKinney, Andrew Hunter, M. R. Kaufman, R. 0.
Crockett, W. G. T. Nelson, James W. Custis, H. B. Woodhouse, Al¬
bert Laidley, John Orgain, jr., Colin Bass, Peter Saunders, jr., S. Mc-
Camant, John H. Hopkins, H. C. Worsham, Wm. A. Bradford, Geo.
Tyler, Geo. T. Garrison, Charles J. Shannon, Wm. Eggleston, Rich'd
H. Baker, jr., Jas. Barbour, John C. Rutherfoord, Willoughby New¬
ton, Charles Grattan, John R. Edmunds, Wm. M. Tate, John T. An¬
derson, Th. H. Flood, Mason Mathews, Charles Blue, Samuel McD.
Reid, Matthew Harrison, D. H. Gordon, John L. Woolfolk, A. L.
Carter, W. Baskervill, jr., R. E. Nelson, John 0. Steger, Warner T.
Jones, A. B. Evans* Richard Irby, C. W. Murdaugh, Robt. J. Davis,
A. W. McDonald, jr., Thomas C. Green, A. S. Buford, R. B. Dice,
Th. H. Gillespie, Geo. W. Sherrard, Wm. Johnson, John Gatewood,
P. Pitman, Francis G. Taylor, E. J. Spady, W. G. Cazenoye, James
Franklin, John Gilmer, Seymour Lynn, Adam Small, Isaac Vermil¬
lion, David B. Clark, Jas. Walker, Chas. Williams,'John H. Daniel,
Sam'l Carpenter, I. E. McDonald, Richards Payne, H. N. Coleman,
jr., S. W. Thomas, Duncan McLaughlin, -Hugh W. Shelley, H. B.
Tomlin, R. D. Montague, Wyndham Robertson, Thomas II. Wynne,
Geo. T. Wright, Green James, John C. Woodson, J. Dudley Davis,
James Bayse, Geo. H. West, C. T. Friend, E. C. Burks, A. Jordan,
Hervey George.
The roll was then called, and the following members answered to
their names:
Messrs. Sheffey (speaker), Anderson, Baker, Barbour, Baskervill, Bass, Bayse, Bine,
Booton, Bradford, Burks, Carter, Cazenove, Clarke, H. N. Coleman, Collier, Crockett,
Custis, Daniel, R. J. Davis, Dice, Eggleston, Ewing, Fletcher, Flood, Franklin, Garrison,
Gatewood, George, Gillespie, Gilmer, Gordon, Green, Harrison, Hopkins, Hunter, Irby,
James, Johnson, Jones, Jordan, Laidley, Lundy, Lynn, Mallory, McCamant, A. W. McDo¬
nald, I. E. McDonald, McLaughlin, Montague, R. E. Nelson, Newton, Orgain, Fitmau,
Prince, Reid, Riddick, Robertson, Robinson, Rutherfoord, P. Saunders, R. C. Saunders,
Shannon, Sherrard, Small, Spady, Staples, Steger, Tate, Taylor, Thrash, Tomlin, Walker,
Ward, West, Williams, J. L. Wilson, S. Wilson, Woodhouse, Woodson, Wootten, Worsham
and Wright—83.
Ordered, that Mr. Barbour inform the senate that the house of
delegates are convened in special session, and ready on their part to
proceed to business.
Subsequently, a message was received from the senate by Mr.
Brannon, who informed the house of delegates that the^senate was
convened in special session, and ready on. their part to proceed to
business.
On motion of Mr. Mallory,
Resolved, that the rules of the last house of delegates be adopted
for the government of this body.
. On motion of Mr. McCamant,
Resolved, that a committee be appointed to inform the governor
HOUSE OF DELEGATES.
5
that the house has convened in pursuance of his proclamation of
this date, and is now ready to receive any communication he may
have to submit.
The Speaker announced the following committee under the reso¬
lution : Messrs. McCamant, Hunter and Collier.
Subsequently, Mr. McCamant, from the committee, reported that
they had discharged the duty assigned them, and that the governor
had informed them that he had no communication to make at present.
Mr. Burks submitted the following resolution :
Resolved by the general assembly, that the members of the gene¬
ral assembly, convened in special session under the proclamation of
the governor of the first day of April 1862, shall not be entitled to
receive mileage, except for travel to and from the place of any ad¬
journed session; nor shall they be entitled to receive pay for atten¬
dance during the time of any recess in the session held under said
proclamation.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Ordered, that Mr. Burks carry the same to the senate, and request
their concurrence.
Subsequently, a message was received from the senate by Mr. Ball,
who informed the house of. delegates that the senate had agreed to
the resolution, with an amendment; which was to strike out " travel
to and from the place of," and insert " attendance upon and the
question being on agreeing thereto, was put, and decided in the
affirmative.
Ordered, that the clerk inform the senate thereof.
Mr. Robertson submitted the following preamble and resolutions :
Considering the imminent danger to which our state and cause are
exposed from the threatening masses of an insolent and powerful foe
beleaguering us on all sides, whom, by united counsels and brave
efforts, wdth the favor of Providence, we can and will overwhelm
with defeat and confusion, and thus protect our homes from being
made desolate, and our independence from being overthrown: Con¬
sidering that the president has recommended to congress, as being
necessary to that end, the calling into the armies of the Confederacy
all citizens between the ages of IS and 35 ; and we wish to give him
and the country assurance of our readiness to sustain him, and of
our hearty co-operation in all needful measures demanded by the exi¬
gencies of our situation : Therefore,
Be it resolved by the general assembly of Virginia, that they hereby
express and declare their hearty concurrence in, and approval of, thg
aforesaid recommendation of^the president of the Confederate States,
and that they will co-operate, if need be, with the confederate autho¬
rities in passing any laws that may seem necessary and proper for
giving full effect thereto.
Resolved, that the president of the senate and the speaker of the
house of delegates present, in person, a copy of the aforesaid resolu¬
tion to the president of the Confederate States, and also communicate
the same to our senators and representatives in congress.
6
JOURNAL OP THE'
And the question being on agreeing ^thereto, was put, and decided
in the affirmative.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Christian of Au¬
gusta, who informed the house of delegates that the senate had
agreed to the following resolution:
Resolved, that the house of delegates be requested to direct their
clerk to return to the senate all such bills and resolutions as were
passed by the senate and communicated to the house of delegates at
the late session of the general assembly, and which remain undis¬
posed of by the house of delegates.
The resolution was taken up and concurred in.
Ordered, that Mr. Collier carry the bills and resolutions to the
senate.
On motion of Mr. Barbour,
Resolved, that a joint committee be appointed to regulate the bu¬
siness now to be done by the general assembly, and to consider and
recoihmend to what time the general assembly will adjourn.
Ordered, that Mr. Barbour carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr.
Coohill, who informed the house of delegates thah the senate had
agreed to the joint resolution, and appointed a committee on their
part.
The Speaker announced the following committee under the reso¬
lution : Messrs. Barbour, Rutherfoord, Anderson of Botetourt, Hun¬
ter, Steger, McCamant, and McDonald of Hampshire.
On motion of Mr. Baskervill,
Resolved, that the senate be respectfully requested to return to 1
the house of delegates all bills and joint resolutions originating in
the house of delegates, heretofore communicated to the senate, and
not acted on by that body.
Ordered, that Mr. Baskervill carry the same to the senate, and
request their concurrence.
^Subsequently, a message was received from the senate by Mr.
Wiley, who informed the house of delegates that the senate had
agreed to the resolution; and the bills and resolutions were returned
accordingly.
Mr. Staples submitted the following preamble and resolution;
which being objected to, was laid over under the rale:
\ Whereas, in accordance with the request of the confederate govern¬
ment, the -act providing for the organisation of Virginia's military
forces, directs that all of the soldiers of this state who are drafted,
shall be mustered into the confederate service for a term not less
than three years: And whereas, in order to make out the quota to
be furnished by this state, it is necessaiy to include in the draft a
large number of citizens who are the heads of families : And whereas
the absence.of these men from their business at home for so long a
time, is likely to cause great hardship and suffering in many of the
HOUSE OF DELEGATES.
7
families of this commonwealth; and being desirous to provide, as
far as possible, against these evils: Therefore,
Resolved by the general assembly of Virginia, that our senators
and representatives in congress be requested to use their efforts to
procure the passage of a law authorizing that, when such of our
drafted soldiers as are the heads of families, shall have served in the
confederate army twelve months, they may be relieved from such
service whenever the state shall furnish an additional number of
men from the militia sufficient to fill their places.
Mr. Hunter submitted the following resolution; which on his
motion, was referred to the joint committee in relation to the time
of adjournment:
Resolved, as the sense and judgment of this house, that under the
constitution, it is competent to the general assembly, at its present
special session, to adjourn to any specified day within the constitu¬
tional term for which they were elected, and that in such case,
neither are the members entitled to their per diem during the period
of such adjournment, nor is such period properly to be computed as
part of the time within which such session is limited by the consti¬
tution.
Mr. Barbour, from the joint committee in relation to the adjourn¬
ment of. the general assembly, presented the following resolutions:
1. Resolved, that the constitutional limitation on the duration of
the session of the general assembly, applies to special as well as
regular sessions.
2. Resolved, that the interval from adjournment to reassembling
of a special session, may rightfully be excluded from the computa¬
tion of such period.
3. Resolved, that when the general assembly adjourns to-day, it
will be to meet again on the first Monday of May 1862.
And the question being on agreeing to the first resolution, was
put, and decided in the affirmative.
On motion of Mr. Burks, the second resolution was laid on the
table.
The question being on agreeing to the third resolution, Mr. Stegek
submitted an amendment thereto as follows: "Unless sooner called
together by the governor ;' and then, upon such day as he shall desig¬
nate and the question being on agreeing to the amendment, was
put, and decided in the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
A message was received from the senate by Mr. Brannon, whtf
informed the house of delegates that the senate had agreed to certain
joint resolutions as follows:
Resolved, that the constitutional limitation on the duration of the
sessions of the legislature, applies to special as well as to regular
sessions.
Resolved, that when this legislature adjourns to-day, it will be to
meet again on the first Monday of May 1862.
8
JOURNAL OF THE
The question being on agreeing to the first resolution from the
senate, was put, and decided in the affirmative.
Mr. Steoer moved to amend the second resolution, by inserting
at the end thereof the following: "Unless sooner called together by
the governor; and then, upon such day as he shall designateand
the question being on agreeing thereto, was put, and decided in the
affirmative.
Ordered, that Mr. Barbour carry the same to the senate, and re¬
quest their concurrence.
A message was subsequently received from the senate by Mr.
Isbell, who informed the house of delegates that the senate had
agreed to the amendment.
A message was received from the senate by Mr. Ball, who in¬
formed the house of delegates that the senate had agreed to the fol¬
lowing preamble and resolution :
Whereas the general assembly have failed, at its recent session, to
pass a law to .carry into effect the contract entered into between the
lessees of the Smyth and Washington salt works and the joint com¬
mittee of the general assembly for the sale to the state of four hun¬
dred thousand bushels of salt: Therefore,
Be it resolved by the general assembly, that the lessees aforesaid
be released from the obligations of said contract.
The preamble and resolution were agreed to.
Ordered, that Mr. McCamant inform the senate thereof.
A message was received from the senate by Mr. BrannOn, who in¬
formed the house of delegates that the senate had passed the follow¬
ing joint resolution:
Resolved by the general assembly, that the public printer cause to
be printed and published with the acts of the late session, the con¬
stitution and schedule submitted by the late convention to a vote of
the people, if the same shall be declared by the governor to have
been adopted.
Mr. Green moved to amend the joint resolution, by inserting at
the end thereof the following: "and the ordinances of the third
session of the conventionand the question being on agreeing
thereto, was put, and decided in the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
Ordered, that Mr. Green carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr.
Isbell, who informed the house of delegates that the senate had
agreed to the amendment to the joint resolution.
Mr. Harrison submitted the following joint resolution:
Resolved by the general assembly, that a joint committee of three
be appointed, consisting of two members of the house of delegates
and one member of the senate, who shall sit during the recess, with
power to appoint such agents as may be necessary, and shall proceed
to ascertain the number of volunteers from Virginia now in the ser¬
vice of the Confederate States : also, the number of regiments, bat-
HOUSE OF DELEGATES.
9
talions and companies, and the number of men it will require to fill
the companies to the number of 100 men each : also, the number of
militia now in the service of the Confederate States, and the number
not now in service : also, such other information as may be necessary
to carry into complete effect the laws of this commonwealth, passed
on the 8th and 10th of February, for the purpose of enrolling the
volunteers and militia, and for furnishing Virginia's quota to the
confederate army; and report to the general assembly at its ad¬
journed session.
Mr. Saunders of Campbell presented the following substitute for
the resolution:
Whereas the general assembly did, on the 8th February 1862,
provide by law for procuring complete rolls of the several companies
of Virginia volunteers then in service, preliminary to, and with the
design of having the said companies filled up to the number of one
hundred men, rank and file, by a draft from the militia force of the
state: And whereas, by an act of the 10th February 1862, for raising
Virginia's quota of the confederate army, the governor was autho¬
rized and required to make said draft for the purpose aforesaid:
And whereas, before the complete execution of either of said actsr
the governor of the commonwealth did, by his proclamation of the
10th March 1862, call into active service the entire military strength
of the state: Therefore,
Be it resolved by the general assembly, that the governor be and
he is hereby authorized and required to fill each volunteer company
from this state, now in the service of the Confederacy, up to the
number of one hundred men, rank and file, by draft from the militia
force of the state, whether actually brought into the field by the
proclamation of the 10th of March 1862, or not. But no persons
exempted from military, service by the act of 18th February 1862,
amendatory " of chapter 22, section 2 of the Code, and establishing
boards of exemption," shall be subject to the operation of this draft:
and provided farther, that the draft authorized by this resolution shall
be made, as far as practicable, in accordance with the spirit and pro¬
visions of the act of the 10th of February 1S62.
That the true intent and meaning of the section of the act of
the 10th of February 1862, providing Virginia's quota of troops for
the confederate army, shall be, that no company shall be mustered for
re-enlistment, or the members thereof be required to make their
election as to whether they will re-enlist, at any time more than
thirty days prior to the expiration of their term of service respec¬
tively.
A message was received from the senate by Mr. Isbell, who in¬
formed the house of delegates that the senate on its part was ready
to adjourn until the first Monday in May.
Ordered, that Mr. Grattan inform the senate that the house on
its part was ready to adjourn until the first Monday in May.
On motion of Mr. Rijtiierfoord, the house adjourned until the
first Monday in May 1862.
2
10
JOURNAL OP THE
MONDAY, May 5, 1862,
The Speaker took the chair at 12 o'clock, and called the house
to order.
Prayer by Rev. Dr. Duncan of the Methodist church.
B. H. MagYuder, a delegate elected from the county of Albemarle
to supply the vacancy occasioned by the death of F. T. Anderson,
appeared, and having been qualified, took his seat.
The roll was called, by the direction of the Speaker, to ascer¬
tain whether a quorum was present, when the following gentlemen
answered to their names :
Messrs. Sheffey (speaker), J. T. Anderson, Baker, Bine, Bradford, Buforcl, Carpenter,
Cazenove, Collier, Daniel, Eggleston, Forbes, Franklin, Harrison, Hopkins, Hunter,
Huntt, James, Johnson, Jones, Laidley, Lynn, Magruder, A. W. McDonald, MeKinncy,
McLaughlin, Montague, R. E. Nelson, Newton, Orgain, Payne, Reid, Riddick, Rives,
Robertson, Robinson, Rutherfoord, P. Saunders, Sherrard, Small, Spady, Steger, Tate,
" Tyler, Ward, Williams, Woolfolk, Wootten, Wright and Wynne—50.
No quorum appearing,
On motion of Mr. Robertson, the house adjourned until to-mor-
;row, 12 o'clock.
TUESDAY, MAY 6, 1862.
Prayer by Rev. Dr. Duncan of the Methodist church.
The roll was called, when the following gentlemen answered to
' their names:
Messrs. Sheffey (speaker), J. T. Anderson, Baker, Blue Bradford, Brooks, Buford, Car¬
penter, Carter, Cazenove, Collier, Crockett, Custis, Daniel, R. J.Davis, Dice, Edmunds,
Eggleston, Fletcher, Flood, Forbes, Garrison, Gatewood, Gilmer, Grattan, Green, Harrison,
Hopkins, Hunter, Huntt, James, Johnson, Jones, Laidley, Lynn, Magruder, A. W. McDo¬
nald, McKinney, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton,
• Orgain, Payne, Prince, Reid, Rives, Robertson, Robinson,'Rutherfoord, P. Saunders, Small,
Sherrard, Spady, Steger, Tate, F. G. Taylor, Tredway, Tyler, West, Williams, J. L. Wilson,
• Woodson, Woolfolk, Wootten, Worsham and Wright—69.
A quorum appearing,
On motion of Mr. Blue,
Resolved,.that a committee be appointed to wait upon the gover¬
nor, and inform him that the house of delegates is now organized,
. and ready to receive any communication he may be pleased to
transmit.
The Speaker appointed the following committee: Slessrs. Blue,
Magruder and Gilmer.
Subsequently, Mr. Blue, from the committee, reported that the
committee had discharged the duty assigned them, and that the go¬
vernor would at once transmit a communication to the general as¬
sembly. The message from the governor was then received'and
read.
[For message, see Doe. No. 1, appended to this volume.]
On motion of Mr. Collier,
Resolved, that the communication from the governor be laid oil
the table and printed.
house of delegates.
11
Mr. Tredway presented the petition of citizens of Prince Edward,
in relation to the recharter of the Farmville warehouse; which, on*
motion, was referred to the committee of propositions and grievances.
Mr. Newton submitted the following resolution*: .
Resolved, that a joint committee be appointed to take into con¬
sideration the condition of the country, and to report such measures
or resolutions as they may deem necessary or proper for the adoption
of the general assembly.
Mr. Woodson submitted a substitute therefor as follows:
Resolved, that a joint committee be appointed to confer with the
governor of Virginia and the president of the Confederate States, in
regard to such measures as may be deemed necessary for the defence
of the state.
And the question being on agreeing thereto, was put, and decided
in the negative.
The question recurring on agreeing to the resolution, was put, and
decided in the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Magruder,
Reklved, that the committee on finance enquire into the expe¬
diency of reporting a bill so modifying the license law of the last
session as to reduce the tax thereby imposed on merchants' licenses.
On motion of Mr. West,
Resolved, that the committee on finance enquire into the expe¬
diency of allowing merchants to take out license for a shorter term
than twelve months.
On motion of Mr. Bradford, •
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill extending the jurisdiction of county
courts in certain cases.
On motion of Mr. West,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of reporting a bill autho¬
rizing the county of Halifax to purchase salt for the benefit of her
citizens.
Mr. Prince presented the petition of a portion of the Southamp¬
ton militia above the age of 35 years, now at Norfolk ; which, on
his motion, was referred to the committee on military affairs.
Oft motion of Mr. Tredway,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of rechartering the Farmville warehouse,
in the town of Farmville.
The Speaker laid before the house a communication from the
governor in reference to Clara Ann, a condemned slave; which, on
motion of Mr. Rutherfoord, was referred to the committee for
courts of justice.
On motion of Mr. Steger,
Resolved, that the committee for courts of justice enquire into the
expediency of giving general jurisdiction to some court over the
12
JOURNAL OF THE
administration of decedents' estates throughout the entire common¬
wealth.
On motion of Mr. Collier,
Resolved, that the committee on military affairs enquire into the
expediency of repealing the act to authorize the governor to organize
and call out certain military forces for the defence of the state,
passed March 7th, 1S62.
On motion of Mr. Tate,
Resolved, that the committee of roads and internal navigation
enquire into the expediency of repealing certain acts passed at the
late session of the general assembly, appropriating money to works
of internal improvement, on the ground of military necessity, hut
which have ceased to be such, on account of changes in the position
of the confederate forces.
Mr. James presented the following resolution :
Resolved, that the attorney general communicate to this house, at
as early a day as possible, his views in relation to the legal effect of
the exemption laws, state, and confederate, now in force, and how
far, if at all, the conscription and exemption laws passed by congress
repeals or renders void the exemption laws passed, by the late legis¬
lature of Virginia, and what class of persons, if any, declared exempt
by the acts of the legislature, are now liable to perform military
duty under the conscription and exemption laws of congress; and
that he also give his views upon any other subject which he may
deem important, to enable the exemption boards and the courts pro¬
perly to execute the laws now in force in Virginia in relation to per¬
sons exempt from and liable to perform military duty.
Which being objected to, was laid over under the rule.
Mr. Woodson presented the following resolutions:
Resolved, that in the opinion of the general assembly of Virginia,
the recent act of the confederate congress, known as the conscription
act, is a manifest violation of the constitution of the Confederate
States, and of the reserved rights of the state of Virginia.
Resolved further, that while we feel it our duty to record our
opinion of this act of congress, yet we will cheerfully acquiesce in
it and obey it, because of the necessity of harmony and united action
for the common defence.
Which being objected to, were laid over under the rule.
Mr. Magruder was added to the committee on finance and the
committee for courts of justice.
On motion of Mr. Saunders of Franklin,
Resolved, that the committee for courts of justice be instructed to
enquire what changes are necessary in the law with regard to the
time in which examinations of criminals are required to be made.
On motion of Mr. Davis of Campbell,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing fiduciaries to make investment of funds in
their hands.
On motion of Mri Carpenter, the house adjourned until to-mor¬
row, 12 o'clock.
HOUSE OF DELEGATES.
13
WEDNESDAY, May 7, 1862.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. Edmunds, from the committee on finance, presented the fol¬
lowing bill:
No. 1. . A bill prescribing the effect of a judgment in favor of the
commonwealth against a deceased person; which, on his motion,
was read a first time, and two-thirds concurring, read a second time,
and ordered to be engrossed and read a third time.
On motion of Mr. West,
Resolved, that the committee for courts of justice .enquire into the
expediency of authorizing by law the county courts of the different
counties in the state to purchase salt for the benefit of their citizens.
On motion of Mr. Lynn,
Resolved, that the committee on finance be requested to enquire
into the expediency of assessing a tax on all tobacco raised in the
state in the year 1862.
On motion of Mr. Harrison,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of amending the 1st section of chapter
108 of the Code of Virginia.
On motion of Mr. Magruder,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill providing adequate punishment for
unlawful impressment, and for the punishment of those who pur¬
chase property, falsely representing themselves to be authorized to
buy or impress the same.
On motion of Mr. McDonald of Hampshire,
Resolved, that the clerk of this house be instructed to collate and
have published for the use of the. members, the acts of the confede¬
rate congress regulating exemptions, providing for conscription, or¬
ganizing a force for border and local defence, and any other act now
in force, pertaining to the organization of the confederate forces, to¬
gether with the instructions of the secretary of war under the act of
conscription.
On motion of Mr. Tate,
Resolved, that the committee on banks enquire into the expediency
of so amending the 5th section of an act passed cn the 29th March
1S62, as to extend the time within which counties, cities and towns
are required to provide for the redemption of their notes issued under
said act of 29th March 1862.
On motion of Mr. Saunders of Franklin,
Resolved, that so much of the governor's message as recommends
the repeal of section 27 of chapter 44 of the Code, and of section
4 of ordinance No. 35, passed April 30, 1861, be referred to the
committee on finance.
On motion of Mr. Davis of Campbell,
Resolved, that so much of - the governor's message as relates to
14
JOURNAL OF THE
railways and express freights, be referred to the committee of roads
and internal navigation.
On motion of Mr. Buford,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of organizing for state and local defence,
our white male population between 35 and 50 years of age.
Mr. Woolfolk submitted the following resolution ; which being
objected to, was laid on the table:
Resolved by the general assembly, that the constitution proposed
by the late convention having' been rejected by the voters of this
commonwealth, and the congress of the Confederate States having
passed the con&cription act: therefore, in the opinion of the general
assembly, an extra session at this time is unnecessary: therefore, the
general assembly will'adjourn sine die, on Saturday the 10th day of
this month-
Mr. Tate presented the petition of Owen C. Morris et ah, merchants
of Staunton, praying legislation against unlicensed agencies for the
sale of salt, plaster, &c.; and also that licenses may be granted for
less than- one year; which, on his motion, was referred to the com¬
mittee on finance.
The Speaker laid before the house a communication from the au¬
ditor of public accounts, in answer to a resolution of the. general as¬
sembly, requesting " a report of the taxes assessed by the state of
Virginia and by the Confederate States, on the property of the seve¬
ral corporations created by authority of charters granted by the state
of Virginiawhich, on motion of Mr. Bass, was laid on the table
and ordered to be printed. Doc. No. 2.
A resolution, heretofore submitted by Mr. James, asking certain
information from the attorney general, was taken up, on his motion.
Mr. Hunter moved to refer the resolution to the committee on
military affairs, Pending the consideration of which, the resolution
was, on motion, laid on the table.
The Speaker laid before the house a confidential communication
from the governor.
On motion of Mr. Forbes, the house resolved itself into secret
session.
The message of the governor was then read.
On motion of Mr. Magruder,
Resolved, that the communication from the governor be referred to
a joint committee, to consist of nine on the part of the house, and
five on the part of the senate.
Ordered, that Mr. Magruder carry the same to the senate, and
request their concurrence.
On motion of Mr, Robertson, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
15
THURSDAY, May 8, 1S62.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. Rutherfoord, from the committee for courts of justice, pre-*
sented the following bills :
No. 2. A bill providing for the execution of sentence of death in
certain cases.
No. 3. A bill to amend and re-enact section 13, chapter 207 of
the Code e>f Virginia.
No. 4. A bill to amend and re-enact section 5, chapter 205 of the
Code of Virginia.
No. 5. A bill to amend and re-enact the 1st section of chapter
108 of the Code of Virginia.
Which said bills were read a first time, and two-thirds concurring,
read a second time, and ordered to be engrossed and read a third
time; and being forthwith engrossed, two-thirds concurring, were
read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Rutherfoord, from the same committee, presented the fol¬
lowing reports:
A report declaring it inexpedient to authorize fiduciaries to invest
funds in certain cases.
A report declaring it inexpedient to give general jurisdiction to
some courts over decedents' estates in certain cases.
A report declaring it inexpedient to extend the jurisdiction oi
county courts in certain cases.
On motion of Mr. Harrison,
Resolved, that so much of the governor's message as relates to the
protection and removal of slaves from those portions of the state that
are surrendered to the enemy, be referred to a special committee,
with instructions to report by bill or otherwise.
The Speaker announced the fo'lowing committee under the reso¬
lution : Messrs. Harrison, Minor, Bouldin, Gilmer and Grattan.
No. 1. An engrossed bill entitled a bill prescribing the effect of a
judgment in favor of the commonwealth against a deceased person,
was taken up, read a third time and passed.
Ordered, that Mr. Blue carry the same to the senate, and request
their concurrence.
Mr. Wright presented the petition of H. H. Cauthorn and others,
praying a modification of the law suppressing distilleries; which, on
motion, was referred to the committee for courts of justice.
Mr. Woolfolk submitted the following resolution :
Resolved by the general assembly of Virginia, that the governor
be authorized and instructed to grant a commission of major general
to General John B. Floyd, and authorize him to.raise a division of
twenty thousand men not subject to the conscription, act, for the de¬
fence of the state; which, on his motion, was referred to the com¬
mittee on military affairs.
16
JOURNAL OF THE
On motion of Mr. Green,
Resolved, that that portion of the' governor's message recom¬
mending bounties on the manufacture of saltpetre and sulphur, he
referred to the committee on military affairs.
A message was received from the senate by Mr. Alderson, who
informed the house of delegates that the senate had agreed to a joint
resolution advising the restoration of General John B. Floyd to the
command of the forces in southwestern Virginia; which was taken
up, and on motion, laid on the table.
A message was received from the senate by Mr- Johnson, who
informed the house of delegates that the senate had agreed to the
resolution appointing a joint committee to take into consideration
the condition of the country!
The Speaker announced the following committee on the part of
the house, "under said resolution: Messrs. Newton, Bouldin, Ruther-
foord, Tate, Minor, Tredway and Mallory.
On motion of Mr. Dabney,
Resolved, that the committee on finance take into consideration
the expediency of so amending the 81st section of the act imposing
taxes for the support of government, as to make the compensation
to sheriffs "and commissioners of the revenue, for collection of tales,
in proportion to the amount of taxes imposed by said act.
Mr. Woolfolk moved to take up a resolution, heretofore sub¬
mitted by him, in relation to the adjournment of the general assem¬
bly ; and the question being on agreeing thereto, Mr. Bass demanded
the previous question ; which was sustained by the house ; and being
put, was decided in the negative—Ayes 28, noes 37.
On motion of Mr. Mallory, the vote was recorded as follows:
Ayes—Messrs. Bayse, Brooks, Crockett, Eggleston, Fletcher, Flood, Franklin, Gatewood,
Harrison, Hopkins, Huntt, Kyle, Lynn, Mallory, R. E. Nelson, W. G. T. Nelson, Rives,
Rutherfoord, (Shannon, Spady, Tate, Thrash,- Tredway, West, Woodliouse, Woodson, Wool-
folk and Worsharn—28.
Nays—Messrs. Sheffcy (speaker), Bass, Bine, Booton, Bouldin, Buford, Burks, H. N.
Coleman, Dabney, Daniel, R. J. Davis, Dice, Garrison, Gilmer, Grattan, Green, Johnson,
Jones, Laidley, a. W. McDonald, McLaughlin, Minor, Newton, Orgain, Prince, Reid, Ro¬
bertson, Robinson, P. Saunders, R. C. Saunders, Sherrard, Small, Sieger, Tyler, Williams,
Wootten and Wright—37.
Mr. Newton submitted the following preamble and resolutions:
The general assembly of Virginia, now convened in extraordinary
session, deem this a fit occasion briefly to review the nature and con¬
duct of the pending war, and solemnly to reaffirm the sentiments
which animate them, and those principles of civil liberty which the
people of this state and of the Confederate States have maintained
from the commencement of the contest, and which, with the blessing
of God, they will continue to maintain with, unshaken constancy, to
its close.
For more than a year the government and the people of the north
have waged a cruel, unjust and unrelenting war against us. They
deny to us the inalienable right of self-government, in defence of
which, in the war of the revolution of 1776, they pledged " their
lives; their fortunes and their sacred honor."
With professed regard for the rights of man, they have at different
HOUSE OF DELEGATES.
17
periods sympathized with the Greeks, the Poles, the Irish, the Hun¬
garians, the South American states, and all others who have at any
time sought by force to dissolve their subsisting political ties, and to
establish a separate nationality; yet they deny to those whom they
call their brethren, the right which clearly belongs to them as sove¬
reign states, to withdraw peaceably from the Union, and to govern
themselves; which right the people of the Confederate States have
declared their solemn purpose to exercise, with a unanimity without
a parallel in the history of civil revolutions.
In prosecuting the war, they have violated, without scrapie, the
constitution which they profess to defend. They have suspended, by
executive proclamation, and without law, the writ of habeas corpus;
imprisoned, without legal warrant or military necessity, thousands of
respectable citizens of both sexes 3 violated their obligation to the
state of Maryland, and their solemn compact in the compromise reso¬
lutions of 1850, by abolishing slavery in the district of Columbia.
They have trampled on private rights, by depredations upon private
property; and now meditate, by a wholesale act of legal robbery,
the confiscation of the property of nearly every citizen of the south¬
ern states.
Professing to be the peculiar friends of the black race, they have
destroyed their peace and happiness—seducing them by false pro¬
mises, from the kind care- and protection of their hereditary owners j
and having found them burdensome to their benevolence, have cruelly
cast them off by thousands, without protection or support, to starve
atid die.
The civilized world cannot fail to contrast the acts of these pre¬
tenders with their, professions, and to see, in their seemingly anxious
desire to uphold the constitution,1 their true motives—the greed of
avarice, and the lust of power :
Be it resolved, as the solemn and deliberate sense of the general
assembly of Virginia,
1. That the separation between the north and south is final and
eternal; that it was declared by the people of the Confederate States,
each acting for itself, with unexampled unanimity; and whatever re¬
verence for the Union may have lingered for a time in some minds,
has been entirely dissipated by the cruel, rapacious and atrocious
conduct of our enemies.
2. Resolved, that we have full confidence in our gallant armies
now in the field, which have achieved many glorious victories, and
never sustained a disgraceful defeat; yet should the tide of battle
turn against us, we will not be discouraged, but summoning new
energy to meet the exigencies, struggle on until, with the blessing
of God, we shall conquer an honorable peace, and finally establish
our independence.
3. Resolved, that ordinary coast defences cannot be expected to
withstand the powerful armaments of modern naval warfare; and
whilst the fall of New Orleans is to be regretted as a calamity, it is
no cause for despondency. In the language of our own Washington
on a similar occasion, "We should never despair. If new difficulties
a
18
journal gf the
arise, we must only put forth new exertions, and proportion our
efforts to the exigencies of the times."
4. Resolved, that in defence of our liberties, we solemnly pledge
for ourselves and our constituents, to the government of the Confede¬
rate States, our whole resources, public and private, and deliberately
declare to our enemies and to the world, that we will never submit,
under any circumstances, to a union with the north, nor abandon this
contest so long as a hostile foot rests upon our soil.
Which, on his motion, were referred to.the joint committee on the
condition of -the country.
On motion of Mr. Wootten, leave was granted him to be absent
from the sittings of this house until Monday next.
On motion of Mr. Woolfglk, the chair was vacated. until this
evening at 8 o'clock.
EVENING SESSION.
Mr. Burks, from the committee for courts of justice, presented
the following bill:
No. 6. A bill to authorize the county courts to purchase and dis¬
tribute salt amongst the people, and provide payment for the same;
which, oh his motion, was read a first time, and two-thirds concur¬
ring, was read a second time, and ordered to be engrossed and read a
third time.
Mr. Newton, from the committee on the state of the country, to
whom had been referred the preamble and resolutions heretofore
submitted by him, presented the same without amendment; and the
question being on agreeing thereto, was put, and decided in the
affirmative by a unanimous vote.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Prince, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, May 9, 1862.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. Orgain, from the committee on agriculture and manufactures,
presented the following bill:
No. 7. A bill to re-establish an inspection of tobacco at the Farm-
ville warehouse in the town of Farmville.
Mr. Davis of Campbell, from the committee on banks, presented
the following bill:
No. 8. A bill to amend , and re-enact the 5th section of an act
passed 29th March 1862, entitled an act to provide a currency of
less denomination than five dollars.
house op delegates.
19
Mr. Saunders of Franklin, from the committee of roads and in¬
ternal navigation, presented a report, in the form of a series of joint
resolutions, suspending the operation of certain acts passed at the
regular session of the general assembly for the years 1861-62, mak¬
ing appropriations to internal improvements; which was read, and
on motion, laid on the table.
On motion of Mr. Bouldin,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of reorganizing the military force of the
commonwealth, between the ages of 35 and 45 years.
A joint resolution, heretofore communicated from the senate, ad¬
vising the restoration of General John B. Floyd to the command of
the forces' in southwestern Virginia, wTas taken up, and on motion of
Mr. Anderson of "Botetourt, referred to the committee on military
affairs.
' The following reports from the committee for courts of justice
were taken up and concurred in : ' •
A report declaring it inexpedient to authorize fiduciaries to invest
funds in certain cases.
A report declaring it inexpedient to extend the jurisdiction of
county courts in certain cases.
A report declaring it inexpedient to give general jurisdiction to
some courts over decedents' estates in certain cases.
No. 6. An engrossed bill to authorize the county courts to pur¬
chase. and distribute salt aniongst the people, and provide payment
for the same, was taken up, read a third time and passed.
Ordered, that Mr. Burks carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Bayse,
Resolved, that the committee on finance enquire into the expe¬
diency of extending the time of examining and returning the books
of the commissioners of the revenue in certain cases.
On motion of Mr. Cazenove,
Resolved, that the committee for courts of justice be directed to
enquire into the expediency of so amending the election laws as to
provide for the election of members of the next general assembly
from such .election districts as may be in the possession of the public
enemy at the next biennial election.
Mr. -Montague presented the proceedings of a meeting of the
citizens of Montgomery in relation to General Floyd; which, on his
his motion, was referred to the-committee on military affairs.
On motion of Mr. Tredway,
Resolved, that a special committee of nine be appointed to en¬
quire what action ought to be taken by the general assembly to
secure an adequate supply of salt for the people of Virginia.
The Speaker announced the following committee under the reso¬
lution : Messrs. Tredway, Flood, Buford, Crockett, Forbes, Gordon,
Saunders of Franklin, Shannon and Tyler.
Mr. Harrison, from the special committee to whom was referred
so much of the governor's message as refers to the protection and
20
JOURNAL OF THE
removal of slaves from those portions of the state surrendered to the
enemy, presented a series of resolutions; which were read, and on
motion of Mr. Burks, laid on the table.
Mr. Wynne submitted the following resolution; which,'on his
motion, was referred to the committee on the library :
Resolved by the general assembly of Virginia, that Ritchie & Dun-
navant be and they are hereby allowed to sell 65 copies of the 2d
edition of the Code of Virginia; also of the following of Grattan's
Reports: Vol. 1, 25 copies; vol. 9, 25 copies; vol. 10, 23 copies;
vol. 11, 21 copies; vol. 12, 23 copies; vol. 13, 30 copies; vol. 14, 9
copies; vol. 15,13 copies; and of Leigh's Reports, vol. 1, 21 copies;
vol. 2, 2 copies; vol. 3, 9 copies; and of vol. 4, 8 copies; provided
the same shall not be sold at a less price than is charged by the
government.
On motion of Mr. Forbes,
Resolved, that leave be given to bring in a bill refunding to William
M. Hume, sheriff of Fauquier county, damages paid by him as such.
The Speaker announced the following committee: Messrs. Forbes,
Burks and Harrison.
Subsequently, Mr. Forbes, from the committee, presented the fol¬
lowing bill :
No. 9. A bill refunding to William M. Hume, sheriff of Fauquier
county, damages paid by him as such; which, on his. motion, was
read a first time, and two-thirds concurring, 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 72, noes 3.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Bayse, Blue, Booton, Bouldin,
Bradford, Brooks, Buford, Burks, Carpenter, Cazenove, H. N. Coleman, Collier, Crockett,
Custis, Dabney, Daniel, R. J. Davis, Dice, Eggleston, Fletclier, Forbes, Franklin, Friend,
Gatewood, Gilmer, Gordon,' Green, Harrison, Hopkins, Hunter, Huntt, Jones, Kyle, Laid-
ley, Lynn, Magruder, A. W. McDonald, McKinney, McLaughlin, Minor, Montague, NeW-
ton, Orgain, Payne, Prince, Reid, Rives, Robinson, Rutherfoord, P. Saunders, R. C. Saui)-
ders, Shannon, Small, Sherrard, Spady, Steger, F. G. Taylor, Thrash, Tredway, Tyler,
Walker, Ward, West, Williams, Woodhouse, Woodson, Worskam, Wright and Wynne—72.
Noes—Messrs. Edmunds, Johnson and Mallory—3.
Ordered, that Mr. Forbes carry the same to the senate, and re¬
quest their concurrence.
•Certain resolutions, heretofore submitted by Mr. Woodson, in re¬
ference to the constitutionality of the conscription act of the confe¬
derate congress, was taken up, on motion of Mr. Hunter, who sub¬
mitted the following substitute therefor:
Resolved, as the opinion of this general assembly, that the act of
the confederate congress, approved April 16, 1862, and known as the
" conscription law," is not unconstitutional, and that it is the duty
of the state authorities and all good citizens of this commonwealth
to maintain said law, and co-operate cordially in carrying out its pro¬
visions. Pending the consideration of which,
On motion of Mr. Gkattan, the resolution and substitute were laid
on the table.
The following resolution, reported from a special committee, and
HOUSE OF DELEGATES.
21
laid upon the table on the first day of the present session, was taken
up, on motion of Mr. Newton :
Resolved, that the interval from adjournment to reassembling of a
special session, may rightfully be excluded from the computation of
such period (90 days).
Mr. Prince moved to amend the resolution, by striking out the
following words: "May rightfully be excluded from," and inserting
in lieu thereof the following: " Shall be included in and the ques¬
tion being on agreeing thereto, was put, and decided in the negative—
Ayes 24, noes 55.
On motion of Mr. Prince, the vote was recorded as. follows:
Ayes—Messrs. Bass, Booton, Buford, Burks, Carter, Collier, Crockett, Dabney, R. J.
Davis, Harrison, Huntt, Prince, Rives, Robertson, R. C. Saunders, Shannon, Spady, Steger,
Thrash, West, Williams, Woodson, Woolfolk and Wynne—24.
Noes—Messrs. Sheffey (speaker), J. T. Anderson, Bavse, Blue, Bouldin, Bradford,
Brooks, Cazenove, II. N. Coleman, Daniel,' Dice, Edmunds, Eggleston, Fletcher, Flood,
Forbes, Franklin, Gatewood, Gilmer, Green, Hopkins, Hunter, Johnson, Jones, Kyle,
Laidley, Lynn, Magruder, Mallory, Mathews, A. W. McDonald, McKinney, McLaughlin,
Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Reid, Robin¬
son, Rutherfoord, P. Saunders, Small, Sherrard, Tate, F. G.' Taylor, Tredway, Tyler,
Walker, Ward, Woodhouse, Worsham and Wright—55.
Mr. Rutherfoord moved to amend the resolution,'by striking out
" such period," and inserting in lieu thereof the following: " the
period to which such session is limited by the constitution and the
question being on agreeing thereto, was put, and decided in the
affirmative. ■
Mr. Rutherfoord moved further to amend the resolution, by in¬
serting after the word "resolved," the words "by the general as¬
sembly and the question being on agreeing thereto, was put, and
decided in the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The Speaker laid before the house the fallowing communication
from Charles T. Friend, delegate from the county of Chesterfield:
May 8th, 1862.
Mr. Speaker:
I hereby tender my resignation as a member
of the house of delegates from the county of Chesterfield; to take
effect on the 20th of May instant.
In leaving your honorable body, permit me to express the liveliest
hope that the great objects of your session may be accomplished, and
our common eause much aided by your deliberations.
I am, most respectfully, _
Your ob't serv't,
CHAS. T. FRIEND.
Hon. II. W. Sheffey,
Speaker House of Delegates.
22
JOURNAL OF THE
On motion of Mr. Rives,
Resolved, that the Speaker of this house be directed to issue a
writ of election, to be held on Thursday, the 22d instant, to supply
the vacancy occasioned by the resignation of Charles T. Friend, the
delegate from the county of Chesterfield.
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate had agreed to a joint
resolution in regard to the defence of the cities of Richmond and
Petersburg.
On motion of Mr. Robertson, the house resolyed jtself into secret
session.
The doors being opened,
Mr. Mallory submitted the following resolution; which being
objected to, was laid over under the rule :
Resolved b.y the general assembly of Virginia, that each branch of
the legislature, when it adjourns on Monday next, will adjourn to
meet again on the first Monday in December next, unless sooner
convened by the executive.
On motion of Mr. Jones, the house adjourned until to-morrow, 12
o'clock.
SATURDAY, May 10, 1S62.
Prayer, by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by' their clerk, was read as
follows:
In Senate, May 9, 1862.
The senate have agreed to a resolution concerning army and navy
officers, and a resolution instructing the attorney general to litigate
with the confederate government the validity of any laws of said go¬
vernment as claim the right to sequestrate or confiscate the property
held by residents of the United States, in the state of Virginia.
•In which they request the concurrence of the house of delegates.
They have passed house bills entitled:
An act prescribing the effect of a judgment in favor of the com¬
monwealth against a deceased person, No. 1.
An act providing for the execution of sentence of death in certain
cases, No. 2.
An act to amend and re-enact section 13, chapter 207 of the Code
of Virginia, No. 3.
An act to amend and re-enact section 5, chapter 205 of the Code of
Virginia, No. 4.
An act to amend and re-enact the 1st section of chapter 108 of the
Code of Virginia, No. 5'.
An act to authorize the county courts to purchase and distribute
salt amongst the people, and provide payment for the same, No. 0.
They have agreed to a preamble and resolutions from the house of
delegates, in respect to the nature and conduct of the pending war.
HOUSE OF DELEGATES.
23
The resolution instructing the attorney general to litigate with the
confederate government the validity of any laws of said government
as claim the right to sequestrate or confiscate the property held by
residents of the United States, in the state of Virginia, was taken
up, and on motion of Mr. Rutherfoord, referred to the committee
for courts of justice.
A resolution concerning army and navy officers, was taken up, and
on motion of Mr. Hunter, referred tp a special committee.
The Speaker announced the following committee: Messrs. Hunter,
. Dabney, Bouldin, Anderson of Botetourt, and Harrison.
A message was received from the senate by Mr. AldersOn, who
informed the house of delegates that the senate had agreed to a joint
resolution authorizing the payment of a sum of money to L. D. Hay-
mond: in which they respectfully requested the concurrence of the
house of delegates.
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate had concurred in the
amendments proposed by the house of delegates to a resolution from
the senate in relation to certain defences. (For resolution, as amended,
see secret journal of May 9.)
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 10. A bill to punish purchasers of property falsely represent¬
ing themselves authorized to impress or purchase, the same.
The Speaker laid before the house the following communication
from Charles F. Collier:
House of Delegates, May 10th, 1862.
Sir,
I beg leave most respectfully to tender my resignation
as a member of the house of delegates from the city of Petersburg;
to take effect from this date.
In severing my official connection with yourself and the body
over whom you have the honor to preside, permit me to tender as¬
surances of the highest regard—and believe me to be
Your friend and ob't serv't,
Chas. F. Collier.
Hon. H. W. Sheffey,
. Speaker House of Delegates.
On motion of Mr. Rives,
Resolved, that the Speaker issue a writ of election, addressed to
the sergeant of the city of Petersburg, requiring him to hold an elec¬
tion on the 22d inst. to fill the vacancy created by the resignation
of Charles F. Collier, delegate from said city.
On motion of Mr. Baskervill,
Resolved, that leave be given to bring in a bill for the sale of the
Roanoke valley rail road.
24
journal of the
The Speaker announced the following committee under the reso¬
lution : Messrs. Baskervill, Bouldin and Gilmer.
Subsequently, Mr. Baskervill presented the following bill:
No. 12. A bill'to authorize the sale of the Roanoke valley rail
road; which was, on his motion, read a first time, and two-thirds
concurring, read a second time, and ordered to be engrossed and read
a third time.
On motion of Mr. Rives,
Resolved, that leave be given to bring in a bill fixing the compen¬
sation of the clerks of the senate and house of delegates during the
extra session of the general assembly.
The Speaker announced the following committee under the reso¬
lution : Messrs. Rives, Lynn, Magruder, Nelson of Fluvanna, and
Buford.
Subsequently, Mr. Rives presented the following bill:
No. 11. A bill fixing the compensation of the clerks of the senate
and house of delegates during the extra session; which was read a
first time, and ordered to be read a second time.
On motion of Mr. Worsham,-
Resolved, that so much of the governor's message, with the ac¬
companying documents, as relates to the recent revolt in the peni¬
tentiary, be referred to the committee on the penitentiary, with in¬
structions to enquire whether there has been " culpable negligence"
on the part of any officer or officers of the institution.
Certain resolutions, heretofore submitted from a special committee,
in relation to so much of the governor's message as refers to the pro¬
tection and removal of slaves from those portions of the state sur¬
rendered to the enemy, were taken up, on motion of Mr. Mallory.
The question being on agreeing to the first resolution, was put,
and decided in the affirmative.
The first resolution is as follows :
Resolved by the general assembly of Virginia, that in view of the
great loss to which the owners of slaves and the public generally, in
those portions of the state overrun, or likely to be overrun by the
enemy, are exposed by the demoralization, and escape of the slaves,
the president of the Confederate - States is hereby respectfully re¬
quested to employ and take into the public service, with the con¬
sent of their owners, so far as their services may be required, and
the public interest will permit, the able bodied slaves from such por¬
tions of the state; and that where any portion of the state is likely
to be abandoned, such previous notice as may not be inconsistent
with the public interests, be given to the owners of slaves, as will
enable them to take the proper steps for their removal.
Mr. Saunders of Franklin moved a suspension of the rules, for
the purpose of reconsidering the vote by which the resolution was
agreed to ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
The question being on agreeing to the first resolution, Mr. Mal¬
lory submitted a substitute for the series of resolutions. Pending
the consideration of which, the resolutions and substitute were, on
motion of Mr. Edmunds, laid on the table.
HOUSE OF DELEGATES. 25
A resolution from the senate authorizing the payment of a sum of
money to L.D. Haymond, was taken up, oil motion of Mr. Edmunds,
and agreed to—Ayes 72.
ayes—Messrs. Skeffey (speaker), J. T. Anderson, Baskervill,.Bass, Bayse,Blne, Booton,
Bouldin, Bradford, Brooks, Buford, Burks, Cazenove, PI. N= Coleman, Crockett, Dabney,
Daniel, J. D. DaYis, E. -J. Davis, Dice, Edmunds, Eggle.stoa, Flood, Forbes, Franklin,
Ga'tewood; Gilmer, Gordon, Green, Harrison, Hopkins, Hunter, Hpntt, Jones, Kyle, Laic^ley,
Lynn, Mallory, Mathews,"Magruder,'A. W. McDonald, McLaughlin, Minor, Montague,
E. E.'Nelson, W. G. T. Nelson, Newton,. Orgain,-Payne, Prince, Rives, Robertson, Robin¬
son, Rutherfoord, JR.. C. 'Saifnders, Shannon, Small,' Spady, Staples, Ste'ger, Tate, Thrash,
..Tredway, Tylar, Ward,' West, Williams, Woodhouse, Woodson, Woolfolk, Worsham and
Wright—72. . « ■ '
Ordered, that the. clerk inform the senate thereof. .
Mr. Forbes, from a special cohimittee to. enquire what legislative
action is necessary to secure an adequate-supply "of, salt','presented a
report; which was read, "and the.resolution agreed to- as follows:
Resolved, that' this report, together with the act passed on the 9th
instant, authorizing the. county court's to purchase and distribute salt
amongst the people, and provide' payment for the same, be printed
for the use of members, and that a copy be transmitted by the clerk
of this house'to the clerk of the county court of each county in the
commonwealth, who is directed to present, "the same to the court at
its term next succeeding the receipt thereof.'
On motion of' Mr. EtoPKjNS,
Resolved, that the committee on ihilitary affairs "enquire into the
expediency of bringing in a bill' authorizing- the raising and organiz¬
ing .of volunteer companies in the several counties of the common¬
wealth, for the purpose of ;h'ome: defence,, to be composed of persons
now exempt from' military duty under the several acts of the legis¬
lature of the state arid of the Confederate States.
' On motion of Mr. Jones, the house adjourned until. Monday,
12 o'clock.
MONDAY, May 12* 1862.
'Prayer by-Rev. Dr. Woodbridge of the Episcopal church.
Mr. Anderson of Botetourt, from the committee o.n military affairs,
presented the following bills : ' •
Noi 13. A bill to authorize a force of ten thousand , men to be
raised for the" defence of the commonwealth. '
No. 1'4.' A bill to organize a home guard.
Which said bills were, read a first time, and ordered to be read a
second time, and two-thirds concurring,, read a second'time ; and the
question being—Shall the bills be engrossed and read a third time?
on motion of Mr. Anderson, the bills were laid on the table, and
made the orders of the day for to-morrow at 12 o'clock.
Mr. Crockett presented the following memorial; which was read,
and ordered to be referred to the committee on military affairs:
3
JOURNAL OF THE
To the Honorable Lcgislaticrc of Virginia, now in session :
The undersigned beg leave to state, that they have been
deputed by a number of respectable citizens of southwestern Virgi¬
nia, to call the attention of your honorable body to some matters
essential to the success of the cause in which we are all engaged^
We come in no spirit of complaint against either the state, or-cOn-
federate government; and by no means.do we intend to suggest that
you, by any action on your part, shall dictate t^fhe president any
thing respecting his official duties. We come to speak to .you in the
respectful language of our constituents, .and then to leave" the matter
to your disposal. With a view to present concisely -and clearly the
purpose and- object of our visit, we .beg leave to state that south¬
western Virginia-possesses more means necessary for the successful
prosecution of the war of our second independence, in which, we are
now engaged, than any other portion, to the same extent of territory,
iii the Southern Confederacy. The salt, the iron, the lead—all of
which are found in inexhaustible quantities, and is being manufac¬
tured to the extent-of the capacity of the various owners—these valu¬
able resources are now threatened by the enemy.
At this point, the question'presents itself as to the proper course
to be pursued to .constitute a successful defence. The answer is, we
must have the men, and the . men must have a leader in whom they,
can repose .full confidence.' We have the men,, and we have the'
leader (whom the men are willing to' follow) "fir the person of. General
John B. Floyd. He has, however, been Relieved of'his command., Qf
this we have nothing'to say, and-we do .not mean to cast censure
upon the executive for its action. We are. ignorant of. all the facts
which produced the necessity for the order. But in the name of a
people as truly loyal as any in the Southern .Confederacy, we claim .
the right to know if something, cannot be done, through the action
of your honorable body; to -bring back to the field and defence of his
country and fireside, the soldier that has become dispirited and de¬
moralized by the loss, of his commander, in whom he still reposes
unlimited confidence, after all the hardships and dangers through
which he has passed. '
. The southwest has recently been thrown into a panic by reason of
the approach of the enemy—and by reason of the conduct of those
charged with our defence. . We desire to avoid such a state of things
in future. We desire to give some assurance to the women of south?-,
western Virginia, that they Shall have the. protection due to them.
We desire to relieve the public mind in that quarter from the anxiety
and uncertainty in which, under existing circumstances; jt is now
placed. No man in that portion of the state can better or more suc¬
cessfully accomplish these desirable objects, than John B.* Floyd
Some of' the undersigned are Refugees; but they have been in .the
southwest long "enough to enable them to know the public sentiment
of that quarter.
As to the manner of your action, whether by a resolution, request-
HOUSE OF DELEGATES. 27
ing the president to restore General Floyd to .his' command, or by
some other mode, not interfering-with the conscription act (whether
constitutional or riot), we leave to. your better judgments. We
want his services in the southwest.
Very'" respectfully,
' Your ob'dt serv'ts,
.And'. S. Fulton.
David-. McComas.
■Gv D. Camden.
Evbrmont Ward,
On motion,, of Mr. Woolfolk, the resolution, heretofore submitted
, by him, iri relation to the adjournment of. the general assembly, was
takeri up. •. .
' .Mr. Woolfqlk moved'to amend the■' resp-1ution,■ so that- it would
read, "adjourn on'Wednesday the 14th instant, until the first Mon¬
day in December next,-unless'sooner convened, by; "the-governor
and the question being-on agreeing thereto-,- Mr. Bass moved , to lay
the resolution and. pending amendment :oh dhe table-, and;the ques¬
tion being on agreeing thereto-, was put,-and, decided-in tfie negative.
Ayes 35, rioes 39. . . • . . '
On motion of M-iv Mall or y., the vote was recorded as follows :
«
ayes-7-Messrs. Sbeffey (speaker),. J'."T, Anderson,'Baher, Bass, Blue, Bradford, Caze-
nove, H. N. .Coleman-, D&bney,- J. D. Davis", R. J.: Davis, Garrifeon,' Gate-vrood, Green, Hop¬
kins, Hunter, Johnson. J.o«es, Laidley, Matliews, A. W. McDonald, McLaughlin, Newton,
Payne, Reid, Riddi'ck, Robertson, Robinson, R. C. Saunders, Small, Sherratd, Tate, Walker,
Ward and Wright—35. . "
Noes—Messrs.* Bay se, Booton, Burks, Crockett). Daniel, Dice-, Edmunds, Eggleston,
Evans, Fletcher,'Flood, Forbes,-Franklin, Gilmer,'Gordon, Grattait, Harrison, Huntt, Kyle,
Lynn, Magru.der, Miillory, Montague; R. E. Nelson,- W. G. T. .NelsoP, Orgain, Prince,
Rutherfoprd, P. Saunders; Shannon, F. G. Taylor; •Thrash, Tredway, Williams, S. Wilson,
Woodson, Woolfolk, Wootten and Wofsham^39.
Mr. Grattan moved to amend the amendment,' by striking out
" Decern berr" and iiiserting " January f and the question being on
agreeing thereto, was put, and decided in'the: negative.
The question being on agreeing to the amendment, was put, and
decided in-the affirmative—^Ayes 43, .noes 36.
On motion of Mr. Forbes* the vote was.recorded a's follows:
* * •
Ayes—Messrs. Bayse, Blue;-Booton, Bradford, Cazenove", H. N. Coleman, Crockett,
Daniel, R. J. Davis," Dice,'Edniuhds, Eggleston, Evaps, Fle'tcher, Flood, Forbes, Franklin,
Grattan, Huntt, Johnson, Kyle, Lynn, Magruder, Mallory, McKinney, Montague, R. E.
Nelson, W..G. T. Nelson, Reid, Rutherfoord, Shannon, Spady, F." G. Taylor, Thrash, Tred¬
way, Tyler,- Ward, West, S. Wilson, Woolfolk, Wootten and Worshanr—43.
Noes—Messrs. ShefFey- (speaker)., J. T. Anderson;-'-Baker, Bass, Burks, Dabney, J. D.
Davis, Garrison, Gilmer, Gordon, Green, Harrison, Hopkins, Hunter, Jones, Laidley, Ma¬
thews, A. AV. McDdnald, McLaughlin, Newton, Orgain, Payne, Prince, Riddick, Rives,
Robertson, Robinson, P, Saunders, R. C.- Saunders, Small, Sherrard, Tate, Walker, Wil¬
liams, "Woodson and Wright—36. ' •
Mr. Anderson of Botetourt moved to amend the resolution, by
striking out the preamble to the resolution; and the question being
on agreeing thereto, was put, and decided in the affirmative. :
Mr. Harrison submitted the following substitute to the resolu¬
tion: .
28
JOURNAL OF THE.
" Resolved by the general assembly, that the general assembly will
adjourn sine die on Wednesday.the 14th instant."
And the question being on agreeing thereto, was put, and decided
in the negative—Ayes 25, noes 53.
On motion of Mr. Harrison, the vote was recorded as follows:
Ayes—Messrs. Bass, Booton, Burks, Dalmey, Evans, Fletcher, Garrison, Gatewood,
Harrison, Huntt, Kyle, MeKinnoy, Ordain, Prince, Rives, Robertson, P. Saunders, Shannon,
Spady, Tate, Thrash, Walker, West, Williams and Worsliam—'25. .
Noes—Messrs. iShcffey (speaker), J.'T. Anderson, Baker, Baskej'vill, Bayse, Blue, Brad¬
ford, Cazenove, H. N. Coleman, Crockett, Daniel, J. D. Davis, R. J. Davis, Dive, Ed-
riiunds, Eg-gleston, Flood, Forbes, Franklin, Gilmer, Gordon, Grattan, Green, Hopkins,
Hunter, Johnson, Jones, .Laidley, Lynn, Mag-ruder, Mallory, Mathews, A. W. McDonald,
McLaughlin, Montague; R. E. Nelson, W. G. T. Nelson, Newton, Payne, Reid, Riddick,
Robinson, RufherfOord, Small, Sherrard, F. G. Taylor, Tredway, Tyler, Ward, S. Wilson,
Woolfolk, Wootten and Wright—53.
Mr. Forbes submitted the following' resolutions as a substitute for
the resolution as amended:
" Resolved,, that when the general assembly adjourns, it will ad¬
journ to meet again-on the first Monday in • December,.unless sooner
convened, by, the governor. .
" Resolved," that.the.-general assembly will adjourn on Wednesday
the 14th instant, to meet on the first Monday-in December." ■
The Speaker ruled* the resolutions out of order; and from the
decision of the chair Mr.-Forbes appealed; and. the question being—
Shall the decision of the chair stand;as the judgment of the house?
was put, and decidpd in the affirmative.
The-.quest-ion being on agreeing to the .resolution as amended, was
put, and decided.in the.affirmative.
The resolution as amended is as follows
" Resolved; by. the general assembly; that the general assembly wfll,
on Wednesday the-14th of this month, adjourn until the first.Monday
iu December next, unless sooner convened by the g'overnor."
Ordered, that Mr. Woolfolk parry 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 a
resolution for t.he appointment of a joint committee to enquire into
the proper means of.filling the vacancies in the representation in the
two houses.of the general assembly.
Subsequently, the resolution was taken up and agreed to.
Ordered, that the clerk inform the .senate thereof.
On motion of Mr. "Ward,
Resolved, that leave be given to bring in a bill authorizing fire
insurance companies to change their places- of business, made unsafe
by reashn of their occupation by the public enemy.
The Speaker announced the following committee under the reso¬
lution : Messrs. Ward, Bradford and Hunter.
Mr. Ward, from' the committee, presented the. following bill:
No. 15. A bill authorizing fire insurance companies to change
their places of business.
Which bill was read a first time, and two-thirds concurring, read
a second time, and ordered to he engrossed and read a third time*
HOUSE OF DELEGATES.
29
Mr. Mallory submitted the following resolution:
Resolved by the general assembly of Virginia, that in the judg¬
ment of this general assembly the officers of the confederate and
state governments, who have charge of the subject, should impress
the horses used for pleasure in the city of Richmond, and all other
cities and towns throughout the commonwealth, instea^ of impress¬
ing into service the horses and mules of farmers in the country, em¬
ployed in the cultivation of their crops, not only for the support of
their families, but also for the maintenance of the army.
And the question being on agreeing thereto, Mr. Green moved
that it be indefinitely postponed; and the question being on agreeing
thereto, was put, and decided in the affirmative.
On motion of Mr. Bass, the house resolved itself into secret session.
The doors being opened,
No. 10. A bill to punish purchasers of property falsely represent¬
ing themselves authorized to impress or purchase the same, was
taken-up, on motion of Mr. Magruder, read a first time, and two-
thirds concurring, read a second time, and ordered to be engrossed
and read a third time.
No. 7. A bill to re-establish an inspection of tobacco at the Farm-
■ ville warehouse in the town of Farmville, was taken up, on motion
of Mr. Tredway, read a first time, and two-thirds concurring, 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. 8. A bill to amend and re-enact the 5th section of an act
passed the 29th of March 1862, entitled an act to provide a currency
of notes of less denomination than five dollars, was taken up, on
motion of Mr. Davis of Amherst, read a first time, and two-thirds
concurring, read a second time, and ordered to be engrossed and read
a third time.
No. 11. A bill fixing the compensation of the clerks "of the senate
and house of delegates- during the extra session, was taken up, read a
second time, and o.rdered to be engrossed and read a third time.
Resolved, that the committee on finance be instructed to enquire
into the expediency of relieving James L. Dupuy against an erroneous
assessment of his lands in the county of Amherst.
On motion of Mr. Bradford, the house adjourned until to-mor¬
row, 12 o'clock.
30
JOUKNAL OF THE
TUESDAY, May 13, 1862.
A communication from the senate, by their, clerk, was read as
follows r
In Senate, May 12, 1862.
The senate have agreed to the resolution from the house of dele¬
gates in relation to the duration of a special session.
And they have agreed to a resolution to provide more suitable
accommodations for the auditors of the commonwealth.
In which they respectfully request the concurrence of the house
of delegates.
The resolution to provide more suitable accommodations for the
auditors of the commonwealth, was taken up, on motion of Mr.
Newton, and Teferred to a special committee.
The. Speaker announced the following committee: Messrs. New¬
ton, Tate, Nelson of Fluvanna, McDonald of Hampshire, and Ma-
gruder.
The Speaker announced the following committee under the reso¬
lution agreed to on yesterday in regard to filling vacancies in the
two houses of the general assembly: Messrs. Hunter, Bouldin,
Rutherfoord, McCamant, Baskervill, Burks and Harrison.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following reports:
An adverse report of the committee for courts of justice upon a
resolution instructing them to enquire into the expediency of amend¬
ing the election laws.
An adverse report.of the committee for courts of justice upon a
senate resolution providing for the litigation of the validity of the
sequestration laws of the confederate government.
Mr. Edmunds, from the committee on finance, presented an ad¬
verse report to a resolution in regard to modifying the license laws
of last session.
Mr. Hunter-, from a special committee, presented a report in re¬
gard to officers resigning from the United States army.
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 agreed to resolutions to increase the production
of lead and saltpetre.
Mr. Huntt, from the committee on enrolled bills, presented the
following report:
The committee on enrolled bills have examined sundry such bills,
and found them correctly enrolled.
Ordered, that the clerk communicate the same to the senate for
further examination.
No. 13. A bill to authorize a force of ten thousand men to be
raised for the defence of the commonwealth, being the special order
of the day, was taken up and read a second time.
The bill was then amended.
Mr. Anderson moved further to amend the bill, by inserting in
HOUSE OF DELEGATES.
31
the 6th section, as a part of the staff of a brigadier general, one
quartermaster, who shall act as quartermaster. Pending the con¬
sideration of which.,
On motion of Mr. Harrison, the chair was vacated until 8 o'clock
P.M.
.EVENING SESSION. ■
The question being on agreeing to the amendment submitted by
Mr. Anderson of Botetourt, was put, and decided in the affirmative.
The bill as amended was then read a second time, and ordered to
be engrossed and read a third time. :
No. 14. A bill to organize a home guard, was taken up, amended,
and as amended, read a second time, and ordered to be engrossed and
read a third time.
On motion of Mr. Anderson of Botetourt, •
Resolved, that when the house adjourn, it will adjourn to meet
to-morrow at 9 o'clock A. M. . .
Mr. Saunders of Gampbell submitted, the following:
Whereas information has been-received that the- gun boats of the
enemy are now- approaching this city: Be. it therefore.
Resolved by the general assembly, that the president of the Con¬
federate States be earnestly requested to hold the same to the last
extremity.
Which was laid on the table.
On motion of Mr. .Gf rattan, the house adjourned until to-morrow,
9 o'clock.
WEDNESDAY, May 14, 1862.
.Prayer by Rev. Mr. Woodbridge of the Episcopal church.
A communication from the senate, by their clerk, was read as-
follows: .
In Senate, May 13,, 1862.
The senate have passed bills entitled:
An act authorizing a change of licenses, No. 16..
An act declaring the standard of a Cord measure, No. 13..
An act providing for and regulating the salary of the third clerk
in the treasurer's department, No. 14.
An act to redress loyal citizens injured by the exercise of usurped
power, No. 11.
An act concerning treasury notes, No. 19.
An act authorizing the payment of a certain coupon, No. 21.
An act imposing a tax for issuing certificates of transferred stock
of the commonwealth, No. 22.
An act to refund license taxes to volunteers in the military service,
and to other persons, No. 5.
32
JOURNAL OP THE
An act providing payment for horses taken in the service of the
state, No. 10.
In which 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 committee on finance:
No. 5. A senate bill entitled an act to refund license taxes to vo¬
lunteers in the military service, and to other persons.
No. 14. A senate bill entitled an act providing for and regulating
the salary of the third clerk in the treasurer's department.
No. 16. A senate bill entitled an act authorizing a change of
licenses.
No. 19. A senate bill entitled an act concerning treasury notes.
No. 21. A senate bill entitled an act authorizing the payment of
a certain coupon.
No. 22. A senate bill entitled an act imposing a tax for issuing
certificates of transferred, stock of the commonwealth.
No. 10. A senate bill entitled an aot providing payment for horses
taken in the service of the state, was read a first and second times,
and referred to the committee on military-affairs.
No. 11. A senate bill entitled an act to redress loyal citizens in¬
jured by the exercise of usurped power, was read a first and second
times, and referred to the committee for courts of justice.
No. 13. A senate bill entitled an act declaring the standard of a
cord measure-, was taken up, read a first and second times, and on
motion, was laid upon the table.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 16. A bill to organize the military force of Virginia between
the ages of 35 and 45; which, on his motion, was read a first time,
and two-thirds concurring, read a second time, and ordered to be en¬
grossed and read a third time.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented an adverse report upon a communication from the governor
with regard to the penitentiary.
On motion of Mr. Orgain,
Resolved by the general assembly, that the auditor of public ac¬
counts, the second auditor and the general agent and storekeeper of
the penitentiary be constituted a board of manufactures, and charged
with the duty of reporting to the next session of the general assem¬
bly upon the following points:
1. The present condition of manufactures in the state of Virginia.
2. Such plans as may seem to them proper for promoting the
manufacture of articles of prime necessity or of general. utility.
Said board to have authority to call for information, and require re¬
ports from any officer in this state.
Ordered, that Mr. Orgain carry the same to the senate, and request
their concurrence.
A message was received from the senate by Mr. Newman, who in¬
formed the house of delegates that the senate had passed a bill enti-
HOUSE OF DELEGATES.
S3
tied an act to amend and re-enact the first section of an act entitled
an act to authorize the organization of ten or more companies of
rangers, passed February 27th, 1862: in which they respectfully re¬
quested the concurrence of the house of delegates.
The said bill was subsequently read a first and second times, and
on motion of Mr. Bass, laid on the table.
On motion of Mr. Anderson- of Botetourt, the house resolved
itself into secret session.
The doors being opened,
No. 13. A senate bill entitled an act declaring the standard of a
cord measure, was taken up, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 15. An engrossed bill authorizing insurance companies to
change their place of business, was taken up, read a third time and
passed.
Ordered, that Mr. Ward carry the same to the senate, and request
their concurrence.
Mr. McDonald of Hampshire submitted the following resolution*.
Resolved by the general assembly of Virginia, that the treasurer
of this commonwealth be instructed to destroy such coupon bonds
and treasury notes in his office as have been canceled and are now
registered as required by law; which, on motion, was laid on the
table.
Subsequently, the resolution was taken up and agreed to.
Ordered, that Mr. Edmunds carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Robertson,
Resolved, that a special committee be appointed to enquire into
the expediency of amending the 81st section of the act entitled an
act to amend the charter of the city of Richmond, passed March
18th, 1861.
The Speaker announced. the following committee under the reso¬
lution: Messrs.. Robertson, Burks, Gilmer and Davis.
On motion of Mr. Edmunds,
Resolved, that leave be given to bring in a bill making the salaries
of the officers of the government payable monthly.
The Speaker announced the following committee under the resa-
lution: Messrs. Edmunds, Rutherfoord and Burks.
Subsequently, Mr. Edmunds, from the committee, presented the
following bill:
'No. 17. A bill amending the 19th section of chapter 14 of the
Code, concerning salaries.
Which was read a first and second times, two-thirds concurring,
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 Mr. "Edmunds carry the same to the senate, and re¬
quest their concurrence.
Mr. Taylor moved the suspension of the rule with a view to re-
4
34 JOURNAL OF THE
consider the vote by which the following bill was referred to the
committee on finance:
No. 21. A senate bill entitled an act authorizing the payment of a
certain coupon.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
On motion of Mr. Taylor, the bill was then read a third time and
passed—Ayes 6S.
Ayes—Messrs. Skeffey (speaker), J. T. Anderson, Baskervill, Bass, Bayse, Booton,
Bouldin, Bradford, Buford, Burks, Carpenter, Clarke, Crockett, Daniel, J. D. Davis, E. J.
Davis, Dice, Eggleston, Fletcher, Flood, Forbes, Franklin, Gatewood, Gilmer, Grattan,
Green, Harrison, Hopkins, Jolmson, Jones, Kyle, Laidley, Lynn, Mathews, MeCamant,
A. W. McDonald, I. E. McDonald, Magruder, McLaughlin, Montague, R. E. Nelson, W.
G. T. Nelson, Orgain, Payne, Pitman, Reid, Riddick, Rives, Robinson, Rutherfoord, P.
Saunders, R. C. Saunders, Shannon, Small, Skerrard, Spady, Tate, F. G. Taylor, Tred-
way, Tyler, Walker, Ward, Williams, Woodson, Woolfolk, Wootten, Worskam and
Wright—68. .
Ordered, that the clerk inform the senate thereof.
Mr. Edmunds moved the suspension of the rule with a view to
reconsider the vote by which the following bill was referred to the
committee on finance:
No. 19. A senate bill entitled an act concerning treasury notes.
And the question being on agreeing thereto, was put, and decided
in the affirmative. „
On motion of Mr. Edmunds, the bill was then read a third time
and passed.
Ordered, that the clerk inform the senate thereof.
No. 11. An engrossed bill fixing the compensation of the clerks
of the senate and house of delegates during the extra session, was
taken up, read a third time and passed—Ayes 65.
Ayes—Messrs. Skeffey (speaker), J. T. Anderson, Baskervill, Bass, Bayse, Blue, Booton,
Bouldin, Bradford, Buford, Burks, Clarke, Crockett, Dabney, Daniel, J. D. Davis, R. J.
Davis, Diet", Edmunds, Eggleston, Evans, Fletcher, Flood, Franklin, Garrison, Gatewood,
Gilmer, Green, Harrison, Huntt, Johnson, Jones, Ivyle, Laidley, Lynn, Mathews, MeCa¬
mant, A. W. McDonald, I. E. McDonald, Magruder, Montague, R. E. Nelson, W. G. T.
Nelson, Newton, Orgain, Pitman, Eeid, Riddick, Rives, Robinson, P. Saunders, R. C.
Saunders, Shannon, Small, Skerrard, Tate, Tredway, Tyler, Walker, Ward, Williams,
Woolfolk, AVootten, Worskam and Wright—65.
Ordered, that Mr. Rives carry the same to the senate, and request
thei-r concurrence.
Mr. Buford submitted the following resolution ; and the question
being on agreeing thereto, was put, and decided in the affirmatiye—
Ayes 36, noes 30.
Resol\Ted, that with the concurrence of the senate, a joint com¬
mittee be appointed, to consist of three on the part of the senate
and five on the part of the house, to prepare, and have published at
an early day, an address to the people of Virginia, advising them of
such recent legislation on military questions as is proper to be made
public, invoking the patient, persevering and united action of all in
sustaining the state and confederate governments in this crisis; ex¬
pressing the undiminished confidence of this general assembly in the
ultimate triumph of our cause, and assuring the public mind of the
unalterable purpose of both the state and confederate governments,
HOUSE OF DELEGATES. 35
to wage this contest for independence upon Virginia soil, under all
circumstances, until victory shall crown our efforts.
On motion of Mr. Buford, the vote was recorded as follows :
Ayes—Messrs. Baskervill, Bine, Booton, Buford, Carpenter, Clarke, Dahney, Daniel, J.
D. Davis, Dice, Eggleston, Evans, Fletcher, Franklin, Gatewood, Gilmer, Green, Harrison,
Hopkins, Johnson, McCamant, McLaughlin, Montague, Newton, Orgain, Payne, Pitman,
Biddiek, Rives, Small, .Sherrard, F. G. Taylor, Thrash, Ward, Woolfolk and Worsham—36.
Noes—Messrs. Sheffey (speaker), Bass, Bayse, Bouldin, Bradford, Burks, Collier,
Crockett, R. J. Davis, Edmunds, Flood, Grattan, Kyle, Laidley, A. W. McDonald, I. E.
McDonald, Magruder, R. E. Nelson, W. G. T. Nelson, Reid, Rutherfoord, P. Saunders,
Shannon, Spady, Tate, Tredway, Tyler, Walker, Williams, Wootten and Wright—30.
On motion of Mr. Anderson of Botetourt,
Resolved, that the committee on finance be instructed to report a
bill providing for raising the money necessary to defray the expenses
of the troops mustered into the service of this -state.
A message was received from the senate by Mr. Dickinson, who
informed the house of delegates that the senate had agreed to a
resolution establishing a board of manufactures, with an amend¬
ment : in which they respectfully requested the concurrence of the
house of delegates.
Subsequently, the amendment was taken up and concurred in.
Ordered, that the clerk inform the senate thereof.
No. 8. An engrossed bill to amend and re-enact the 5th section of
an act passed 29th of March 1862, entitled an act to provide a cur¬
rency of a less denomination than five dollars, was read a third time
and passed.
Ordered, that Mr. Tate carry the same to the senate, and request
their concurrence.
No. 10. An engrossed bill to punish purchasers of property falsely
representing themselves authorized to impress and purchase the same,
was read a third time and passed. '
Ordered, that Mr. Magruder carry the same to the senate, and
request their concurrence.
A joint resolution to increase the production of lead and saltpetre,
was taken up.
Mr. Green submitted an amendment to the resolution in relation
to the production of saltpetre; and the question being on agreeing
thereto, was put, and decided in the affirmative.
The question being on agreeing to the resolution as amended, was
put, and decided in the affirmative—Ayes 68.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Bayse, Blue, Booton, Bouldin,
Bradford, Buford, Burks, Carpenter, Clarke, Crockett, J. D. Davis, R. J. Davis, Dice,
Edmunds, Eggleston, Evans, Fletcher, Flood, Forbes, Franklin, Garrison, Gatewood,
Gilmer, Gordon, Grattan, Green, Harrison, Hopkins, Johnson, Jones, Kyle, Lundy, Lynn,
Mathews, McCamant, A. W. McDonald, I. E. McDonald, Montague, R. E. Nelson, W. G.
T. Nelson, Newton, Orgain, Payne, Pitman, Reid, Riddiek, Rives, Robinson, Rutherfoord,
P. Saunders, R. C. Saunders, Shannon, Small, Sherrard, Spady, Tate, F. G. Taylor, Tred
way, Tyler, Walker, Ward, Williams, Woodson, Woolfolk and Wootten—68.
' Ordered, that Mr. Bouldin carry the same to the senate, and
request their concurrence.
No. 12. An engrossed bill to authorize the sale of the Roanoke
valley rail road, was read a third time and passed—Ayes 66, noes 7.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baskervill, Bass, Bayse, Blue, Booton,
36
JOURNAL OF TIIE
Bouldin, Bradford, Buford, Carpenter, Clarke, Crockett, Palmey, Daniel, J. D. Davis,
Dice, Eggleston, Evans, Fletcher, Flood, Forhes, Franklin, Garrison, Catewood, Grattnn,
Green, Hopkins, Johnson, Jones, Ivyle, Laidley, Lynn, Mathews, MeOainant, A. W.
McDonald, I. E. McDonald, Mngmdor, MeLanghlin, Montague, R. E. Nelson, W. G. T.
Nelson, Orgain, Fayne, Pitman, Reid, Rives, Robinson, Rutlierfoord, P. Saunders, R. C.
Saunders, Shannon, Small, Slierrard, Tate, F. G. Taylor, Tredway, Tyler, Walker, Ward,
Williams, Woolfolk, Wootten, Worsham and Wright—Gtj.
Noes—Messrs. Burks, r. J. Davis, Gilmer, Harrison, Huntt, Riddick and Spady—7.
Ordered, that Mr. Baskeevill carry the same to the senate, and
request their concurrence.
On motion of Mr. Newton, the rule was suspended, with a view
to reconsider the vote by which the house adopted the resolution in
relation to the preparation of an address to the people of the com¬
monwealth-
Mr. Newton moved to lay the resolution upon the table. Pend¬
ing the consideration of which,
On motion of Mr. Walker, the chair was vacated until 8 o'clock
P. M.
EVENING SESSION.
The question being on agreeing to the motion to lay on the table,
the resolution heretofore agreed to by the house, submitted by Mr.
Buford, was put, and decided in the affirmative. .
A message was received from the senate by Mr. PIart, who in¬
formed the house of delegates that the senate had passed house bills
entitled:
An act to re-establish an inspection of tobacco at the Farmville
warehouse in the town of Farmville, No. 7.
An act to authorize the sale of the Roanoke valley rail road,
No. 12.
And that they had agreed to a joint resolution in relation to the
destruction of canceled coupon bonds.
Mr. Hunter, from a special committee, presented the following
report; which was taken up :
The joint committee of the two houses, to whom was referred the
subject of supplying the existing vacancies in the general assembly,
have had the same under consideration, and respectfully report, for
the action of each house, the two following resolutions, to wit:
That each house do proceed on to-morrow, the 15th instant, to fill
the vacancies in said houses, according to the ordinance of the con¬
vention, passed on the 4th day of December 1861.
That each member, as his name is called, shall vote, at the same
time, for the whole number required to fill the existing vacancies,
by sending to the clerk a ticket containing the names of the persons
voted for, opposite their respective counties or election districts; and
whenever any person shall have received a majority of the votes cast,
he shall be declared duly elected.
A. Hunter,
CKn House Committee.
May 15, 1S62,
HOUSE OF DELEGATES. 37
The question being on agreeing to the report and resolutions, Mr.
Rives moved the indefinite postponement of the subject; and the
question being on agreeing thereto, was put, and decided in the affir¬
mative—Ayes 39, noes 30.
On motion of Mr. Rives, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Bass, Baysc, Booton, Cecil, Clarke, Crockett, Dabney,
J. D. Davis, R. J. Davis, Dice, Edmunds. Eggleston, Evans, Fletcher, Flood, Franklin,
Gilmer, Gordon, Grattan, Harrison, Lynn, Mallory, Minor, Montague, W. G. T. Nelson,
Prince, Reid, Rives, P. Saunders, Tate, Thrash, Tredway, Tyler, Walker, Williams, Wool-
folk, Worsham and Wright—39.
Noes—Messrs. Blue, Burks, Cazenove, Forbes, Gatewood, Green, Hunter, Huntt, John¬
son, Jones, Kyle, Lundy, Magruder, Mathews, McCamant, A. W. McDonald, I. E. Mc¬
Donald, McLaughlin, Orgain, Payne, Pitman, Riddick, Robertson, Rutkerfoord, Shannon,
Small, Sherrard, Steger, Vermillion and Woodson—30.
A message was received from the senate by Mr. Hart, who in¬
formed the house of delegates, that the senate had passed the follow¬
ing house bills :
No. 10. An act to punish purchasers of property falsely represent¬
ing themselves authorized to impress or purchase the same.
No.'11. An act fixing the compensation of the clerks' of the senate
and house of delegates during the extra session.
No. 15. An act authorizing insurance companies to change their
place of business.
No. 17. An act amending the 19th section of chapter 14 of the
Code, concerning salaries. s
And had agreed to the amendment proposed by the house of dele¬
gates to a joint resolution to increase the production of lead and
saltpetre, with an amendment.
In which they requested the concurrence of the house of delegates.
On motion of Mr. Orgain,
Resolved, that leave be given to withdraw frojn the files of this
house, the- petition of Messrs. William M. Burwell and others, upon
the subject of manufactures in this state, and that the same be re¬
ferred to the board of manufactures.
No. 16. An engrossed bill to organize the militia force of Virginia
between the ages of 35 and 45, was taken up, read a third time and
passed—ayes 72.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baskervill, Bass, Bayse, Blue, Booton,
Bouldin, Bradford, Buford, Burks, Cazenove, Cecil, Clarke, Crockett, Dabney, J. D. Davis,
R. J. Davis, Dice, Edmunds, Eggleston, Fletcher, Flood, Forbes, Garrison, Gatewood,
Gilmer, Gordon, Green, -Harrison, Hopkins, Hunter, Huntt, Johnson, Jones, Kyle, Laidley,
Lundy, Magruder, Mallory, Mathews,McCamant, A. W. McDonald, I. E. McDonald, Minor,
Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, Prince, Reid,
Riddick, Rives, Robertson, Rutherfoord, P. Saunders, Shannon, Small, Sherrard, Steger,
R. F. Taylor, Thrash, Tredway, Tyler, Vermillion, Walker, Williams, Woolfolk and Wor¬
sham—72.
Ordered, that Mr. Anderson carry the same to the senate, and
request their concurrence.
No. 18. A senate bill entitled an act to amend and re-enact the
first section of an act entitled an act to authorize the organization of
ten or more companies of rangers, passed February 27, 1S62, was
taken up and read a third time; and the question being—Shall the
bill pass ?
On motion of Mr. Harrison, the house adjourned until to-morrow,
10 o'clock.
38
JOURNAL OF THE
THURSDAY, May 15, 1S62.
The amendment proposed by the senate to the amendment pro¬
posed by the house of delegates to the resolution from the senate to
increase the production of lead and saltpetre, was taken up and con¬
curred in.
Ordered, that the clerk inform the senate thereof.
Mr. Bayse submitted the following resolution:
Be it resolved by the general assembly, that the auditor of public
accounts be and - he is hereby authorized, in such cases as he may be
satisfied there has been no neglect of duty, to grant to commissioners
of the revenue such extension of the times prescribed by law for the
examination and return of the land and property books, as he may
deem just to the commissioners of the revenue, and not inconsistent
with the public interest: and in cases of peculiar difficulty in the
execution of their duties, the auditor, with the consent and approval
of the governor, shall forbear to institute legal proceedings against
commissioners of the revenue for failure to comply with the require¬
ments of law.
And the question being on agreeing thereto, was put, and decided
in the affirmative.
Ordered, that Mr, Bayse carry the same to the senate, and request
their concurrence.
Subsequently, a message was received from the senate by Mr.
Brannon, who informed the house of delegates that the senate had
concurred in the resolution.
Mr. Reid submitted the following resolution:
Resolved, that when this house adjourns on Friday, it will, with
the consent of the senate, adjourn to meet on the first Monday in
December next; which being objected to, was laid over under the
rule.
Mr. Reid moved a suspension of the rule, with the view of con¬
sidering the resolution; and the question being on agreeing thereto,
Mr. Hunter moved to lay the pending resolution on the table; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
A message was received from the senate by Mr. Collier, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to authorize the governor of Virginia to co-operate with
the confederate government in and about the defences of Richmond
and Petersburg, No. 24: in which they respectfully requested the
concurrence of the house of delegates.
Subsequently, the bill was read a first and second times, and on
motion of Mr. Rives, read a third time and passed—Ayes 76.
Ayes—Messrs. Slieffey (speaker), Baker, Baskervill, Bass, Bayse, Booton, Bouldin,.
Bradford, Buford, Carpenter, Cazeiiove, Cecil, Crockett, Dalmey, Daniel, J. D. Davis, R.
J. Davis, Dice, Edmunds, Egglostun, Evans, Fletcher, Flood, Garrison, Gatewood, Gilmer,
Gordon, Grattan, Green, Harrison, Hopkins, Hunter, Huntt, Johnson, Kyle, Laidley,
Lundy, Lynn, Mae-ruder, Mallory, A. W. McDonald, I. E. McDonald, McLaughlin, Minor,
Montague, R. E, Nelson, \Y. G. T. Nelson, Newton, Orgaiu, Payne, Pitman, Prince, Reid,
HOUSE OF DELEGATES.
39
Ridcliek, Rivos, Robertson, Robinson, Rntberfoord, P. Saunders, Shannon, Small, Sherrard,
■Spady, Tate, Thrash, Trcdway, Tyler, "Vermillion, "Walker, Ward, Williams, Woodson,
Woolfolk, Worskam and Wright—76.
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate insisted upon their
amendments (disagreed to by the house) to house bill entitled an act
to authorize a force of ten thousand men to be raised for the defence
of the commonwealth, No. 13; and that they asked a committee of
conference.
The resolution of the senate was concurred in.
Ordered, that Mr. Edmunds inform the senate thereof.
The Speaker announced the following committee on the part of
the house: Messrs. Anderson, 'Edmunds, Burks, McCamant and
Steger.
Subsequently, ]\Jr. Anderson, from the committee of conference,
presented the following report; which was concurred in:
The committee of conference on the disagreeing votes of the two
houses on the act to authorize a force of ten thousand men to be
raised for the defence of the commonwealth, recommend that the
senate recede from its amendments to which the house disagreed,
and that the two houses adopt the following as an independent
section:
"The governor may authorize such portion of the said ten thou¬
sand men, as he may deem proper, to be raised for service in par¬
ticular sections of the state, or for co-operation with particular de¬
partments of the confederate army, so long as they may be needed
in such district, and for this purpose may confer special authority on
such number of officers as he may deem expedient, who, when the
requisite number of men are raised, shall be commissioned by him ;
but the troops thus raised shall at all times be subject to the orders
of the governor, and may, whenever in his opinion it is proper, be
ordered for service to any portion of the commonwealth."
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Bass submitted the following preamble and resolutions; and
the question being on agreeing thereto, was put, and decided in the
affirmative:
Whereas the penitentiary of Virginia has for many years been a
charge upon the treasury of Virginia: and whereas it is probable
that by a change in the laws regulating the said penitentiary, it may
be made self-supporting; and it is believed by many that it would,
under proper management, be a source of revenue: and whereas past
experience has shown that committees appointed by the legislature
to examine the penitentiary (in the nature of the case) cannot spare
the time from other representative duties to investigate the whole
subject, so as to recommend such reforms or improvements as might
be the result of a thorough investigation into all the details of the
laws regulating the institution; and more especially into the manner
and details of all the various mechanical and other operations of the
convicts; the mode of purchasing and otherwise obtaining supplies
40
JOURNAL OF THE
of raw material, provisions, &c.; and furthermore, the accommoda¬
tions of the convicts, the necessity or not of enlarging the buildings
and work shops, and of providing proper safeguards to prevent at¬
tempts to escape, or mutiny among the convicts: Therefore,
Be it resolved by the general assembly of Virginia, that the go-
Ternor be empowered, at such time as in his discretion may seenx
proper, to appoint a commission of three discreet persons, whose
duty it shall be to investigate the entire subject of the penitentiary
in its details; the laws regulating the same; its interior manage¬
ment; mode of obtaining supplies; and any and every thing con¬
nected with the penitentiary system, which, in their judgments, may
conduce to the prosperity of the institution, and report to the next
meeting of the legislature.
Ordered, that Mr. Bass carry the same to the senate, and request
•their concurrence.
Subsequently, a message was received from the senate that they
ikad agreed to the resolution.
A message was received from the senate by Mr. Bkannon, who
informed the house of delegates that the senate had agreed to a joint
resolution to communicate the resolution as to the defences of the
-city, to the governor and to the mayor of Richmond; to a resolution
removing the injunction of secrecy from the proceedings in reference
to the proceedings in relation to the defence of the capital; and that
they had passed a resolution for the destruction of certain coupon
Vbonds: in which last resolution they asked the concurrence of the
•house of delegates.
Subsequently, the resolution was taken up and concurred in.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Malloky,
Resolved, that a select committee be .appointed to report what
•-change, if any, is necessary in the impressment laws of the common¬
wealth.
The Speaker announced the following committee under the reso¬
lution : Messrs. Mallory, Hunter, Green, Magruder and Newton.
Mr. Tredway submitted the following resolution; which, on
imotion, was laid on the table:
Resolved, that when this general assembly adjourns, it will adjourn
rto meet the first Monday of December next, unless convened at an
•earlier day by the governor.
Mr. Davis, from the committee on finance, to whom had been
referred a senate bill entitled an act authorizing a change of licenses,
No. 16, reported the same without amendment.
Subsequently, on motion of Mr. Davis, the bill was read a third
time and passed.
Ordered, that the clerk inform the senate thereof.
No. 18. A senate bill entitled an act to amend and re-enact the
first section of an act entitled an act to authorize the organization of
ten or more companies of rangers, passed February 27th, 1862, being
the unfinished business of yesterday, was taken up, and on motion,
laid on the table.
HOUSE OE DELEGATES.
41
On motion of Mr. Buford,
Resolved, that'the secretary of the commonwealth be authorized
to cause unbound- copies of all acts, .and resolutions of the general
assembly,- passed at the-session .of 1S61-2, to be circulated as-pre¬
scribed. by. law, if -circumstances slial.1 prevent the distribution of
bound copies of the satne .at an early day; and'that he take the
same-course id relation to acts and resolutions of the-present session.
Ordered, that Mr. Buford carry"- the. saine to-the senate, and
.request their 'concurrence. ' . ' '
Subsequently, a message was receiyed from the Senate by Mr.
Alde'rson, .who informed the house-of4 delegates that the senate had
.agreed to-the resolution*. ' " . - .
.'A message was received from.the senate by Mr. ALderso-n, who
informed the house of delegates that sundry enrolled bills had been
signed by the • president of the senate, ;and were communicated for
further signature. .' •
A message wras received from the senate • by Mr.' Frazier, who
informed the hou-s'e of delegates, that the seftate'had passed house
bill No. 8, entitled an act to. amend' and' -re-enact the 5th section of
an act passed-29th March.1862, entitled'an arit to "provide a currency
of notfes of' less denominations'than five dollars. ' •' - ' .
"On.motion'of.Mr. Robertsqn, .
Resolved,- that, a special committee- be. raised to consider the expe¬
diency, of'appropriating a sum of money.in aid,';if necessary,-of the
removal and* temporary maintenance of persons who may be unable
to'withdraw from-the-'threatened bombardment of the city of Rich¬
mond.. . ■
The Speaker announced the.fo.llowing committee under the reso¬
lution: Messrs.. Robertson, Bquldin and Hunter.
Mr..Robertson, from the.com-mitt.ee, presented the .following bill:
• No. 17. .A bill,-making 'an appropriation in -a certain contingency
for the protection .of certain inhabitants of the- city .of Richmond;
which was re'ad a' first time, and two-thirds concurring', read -a second
time, and ordered to be engrossed and' read'a third time '; and being
forthwith engrossed, two:th.irds concurring* WAs-taken tip and read a
third time. ■
Mr. Robertson submitted a ryder to the bill; which was read a
first and second times, arid ordered to be- engrossed- and read a third
time. . • ■
The bill was then read a. third tirhe and passed—Ayes' 78; no 1.
Ayes—Messrs. Sheffey (speaker;), J. T. Anderson,- Baker, Bass, Bayse,.Blue, Booton,
Bouldin, Bradford, Buford, Burks, Carpenter, Carter,.Cazenove, Cecil, Clarke, Crockett,
Dabjiey, .Daniel, J. D. Davis, R. J. Davis; Dice; Edmunds, Eggleston,-Evans, .Fletcher,
Flood,. Garrison, Gatewood, Gilmef, Gordon, Grattan, Green, Harrison,, Hunter, Huntt,
Jones, Kyle, Laidley, Lundy, Magruder, McCamant, A. "VV. McDonald, • McLaughlin,
Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, Prince,
Richardson, Riddick, Rives, Robertson, Robinson, Rutherfoord, P. Saunders, R. C. Saun¬
ders,-'Shannon, Small', Sherrard,-Spady, Steger, Tate, Thrash, Tredway, Tyler, Veraflllion,
Walker, -Ward, Williams, Woodson, Wpolfolk, Worsham and WTynne—78. •
No—Mr. Franklin—1.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence. •
5
42
JOURNAL OF THE
The following report of a special committee was taken tip apd
concurred in: ...
The special committee, to whom was referred the resolution hav¬
ing for its object, to instruct the senators and to rp quest; the repre¬
sentatives in the confederate congress to use their best endeavors to
procure the passage of such laws. as may: be necessary to .carry into
execution the ordinances of the convention of Virginia, passed/ on
the 17th and' 30th of April J861, &c., have had that .subjefct under
consideration, and respectfully report their recommendation that said
resolution be riot passed.
An adverse, report, from the-committee dor courts'of'justice upon a
senate resolution providing for the litigation- of.'the validity, of the''
sequestration laws-of the confederate government, Was taken up'and
.concurred.in. '• • '
An adverse report from the committee for courts of justice upon a
--resolution instructing therii to enquire into the expediency of amend¬
ing the election laws,, was .taken up'and concurred in.
An adverse report from the committee for. courts'of justice'upon a
communication frorii.the governor with regard, to the. penitentiary*
vwas taken up and concurred in. ■.
An adverse report of the' committee on ■ finance to a tesolutiori in
regard to modifying the license laws of last session, was taken up,
and on motion", laid.on the table.
On motion of Mr.. WoodsoNv the resolution submitted'by Ml>
Trepway in j reference to an>adjournment of the general -assembly
was taken up;.and the,, question .being—Shall, the resolution pass?
was put, and decided in the negative—Ayes 37, noes 39. . • <'
On motion of Mr. SauNders-of Campbell',.the'Vote wa« recorded
as follows >
Ayes—Messrs. Baker, Baskervill-, Blue, Bradford, Buford, Carpenter, Carter, Crockett,
Custis, Dice, Edmund^, Evans, Flood, Grattan, Hopkins,. Hunter", Himtt, Johnson, Lynn,*
Magruder, I. E. McDonald, McLaughlin, Minor, Montague, E. E. Nelson* W. G. T. NjjL-
scm, Newton, Payne, Riddick, Rutherfbcrrd, Small, Sherriird, -Spa'dy, Tredway, Tyler, Ward
and Wynne-1-:!?. ' ; * '* :
Noes—Messrs. Sheffey (speaker), Bass', Bayse, Booton, Cazenove,.Cecil, Clarke, Dab-
ney, J. D. Davis, R. J. jDavis, Eggleston, Fletcher, Garrison, Gatewopd, Oilnier, -Gordon,
Green, Harrison, Kyle, Malloly, X- W. McDonald, Orgain, Pitman, Prince,-'Reid, Rivtis,
Robertson, P.'Saunders, R. C..Saunders, Shannon, Tate, Thrash, Vermillion,- Walker,-WiR
liams, Woodson, Woolfolk, Worsham and Wright—39. : . ^
Mr. Burks, from the committee * for courts of justice, presented
the following bill:
No. 19. A bill to amend, the 81st section of the act .entitled an
act to amend the charter of the city of Richmond, -passed March 18,
1861; which was .read a first time, and two-thirds concurring, 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.
O^lered, that the clerk communicate the same to- the senate, and
request their concurrence. - .
Mr. Rouldin, from the special joint committee under the follow¬
ing resolutions, adopted May 14, 1862 :
Resolved by the general assembly of Virginia, that the general as-
HOUSE OF DELEGATES.
43
senibly. hereby express its .desire that, the capital of the state be de¬
fended to the last extremity, if such defence is in accordance with
tke views of the president of the -Confederate States; and that the
president be assured that whatever destruction and loss of property
of the state or individuals shall thereby result, will be cheerfully
submitted to:
'.Rbsolved, that a committee-of two on the part of the senate and
three on the part of the house, be appointed to communicate the
adoption of the foregoing resolution to the president—
Presented the following report
The joint committee appointed-by the two houses to communicate
to'the president of the Confederate States the joint resolutions of the
general assembly in relation to-the defence of the city of Richmond,
have discharged the duty confided to .-them, and respectfully , report,
that their interview with the president was in the highest degree sa¬
tisfactory, and his views, as communicated with entire frankness to
the committ.ee,'were well calculated to inspire them with confidence,
and to reassure the public mind.
After. reading the resolutions, he desired us to say to the general
assembly that he had received the- communication of th^ese resolu¬
tions with feelings of lively gratification, and instructed us to assure
•both houses that it would be the effort of his .life to defend the soil
of Virginia and to cover her capital.
. He further stated, that he had never entertained a- thought of
withdrawing the army from Virginia and abandoning the state: that
if, in the course of events, the capital should fall5—the necessity of
which he did not see or anticipate-r-that. .would he no reason for
withdrawing the army from Virginia. The war could still be. suc¬
cessfully maintained on'Virginia soil "for twenty years.
. All which is respectfully submitted.
John Robertson,
CKn Sem,te Committee.
Wood Boulpin,
Cl/n House Committee.
"Which was laid upon - the -table ;' and together with the resolutions,
ordered to be printed. ' ■
On motion of Mr. Edmunds, the chair was vacated until S o'clock
P.M.
EVENING SESSION.
A message - was- received from the senate by Mr. Nash, wrho in¬
formed the house of delegate^ that the-senate had agreed to the
report of. the committee of conference en the disagreeing votes of
the two houses on the act to authorize.a force of ten thousand men
to be raised for the defence of the commonwealth, and had passed
without amendment the following house bills:
No. 18. An act making an appropriation in a certain contingency
for the protection of certain inhabitants of tbe city of Richmond.
44 JOURNAL OF THE
No. 19. An lict to amend the Slat section of an act entitled an
act to amend the charter of the city of Richmond, passed March
ISth, 1S61. %
No. IS. A senate bill entitled an act to amend and re-enact the
first section-of an act-entitled an act to authorize the organization of
ten or more companies of rangers, passed February 27th, 1S02, was
taken up, on motion of Mr. Anderson, read- a third time, .and the
question being—Shall the bill pass ? the roll was called, with the
following result-—Ayes 40, n'oes 28 r
Ayes—Messrs. J. T. Anderson,. Bass, Blue, Burks', Carpenter, Clarke, J. D. Davis,-Ed¬
munds, Eggleston, Fletcher, Flood, Franklin,.Gatewood, Grattau, Green, Hopkins, John¬
son, Kyle, Lundv, Lynn, Mallory, Mathews, McCamant, A. W. McDonald,!. E. McDonald,
Mag-ruder, McLaughlin, Minor, Montague, Newton, -Orgain, Pitman,. Rives, Rutherfoord,
Shannon, Sherrard, Thrash, Vermillion, Woo.dson and Wright—40.
Noes—Messrs. Sheffey'(speaker), Bayse, Booton-, Buford, Cgcil, Crockett; Dahney, R.
J. Davis, Dice, Gilmer, Gordon, Harrison', Hunter, Huntt, Laidley, R. E. Nelson, W.G. T.
Nelson, Payne, Prince, Reid, Robertson,'Spady, S'teger, Tate, Tredway, Tyler, Walker and
Williams—28. ■ t
Resolved, that the bill be rejected.'
A message was received from the senate by-Mr. Ball, who im
formed the house'of delegates that the'senate had agreed to the fol¬
lowing resolutions: in which they request the concurrence of'the
house of .delegates r • ■ ' -
Resolution to enlarge the committee on the condition of the
country. • •
Joint resolution concerning an 'address to tile people and our
soldiers. '
Mr. Booton submitted the following :
Whereas, the president of the Confederate States has,, by procla¬
mation, requested the people of these states to assemble'at the va¬
rious places of public worship to-morrow, and pray Almighty God to
bless our arms with success and our beloved land with peace and
prosperity again': Therefore,
Be it resolved, that when this house.adjourns to-night, it will ad¬
journ to meet to-morrow morning at 9 o'clofck.-
No. 10. A senate bill entitled an act providing payment .for horses
taken in the service of- the state, heretofore -committed to the com¬
mittee on military affairs, was taken up, on motion of Mr. Cazenove,
and the order of commitment rescinded. - .'
The bill was then read a third time; and the que'stion being—Shall
the bill pass? the roll was called, with the following result—- Ayes
62, noes 16:
Ayes—Messrs. Sheffey (speaker), J. T. AnJorsou, Baskervill, Bass, Blue, Booton, Boul-
din, Bradford, Buford, Burks, Carpenter, Cazenove, H. N. Coleman, Dabney, R. J. Davis,
Dice, Eggleston-, Evans, Ewing, Flood, Franklin, Gilmer, Gordon, Gruttan, Green, Hop¬
kins, Hunter, Huntt, Jones, Kyle, Laidley, Lundy, Lynn, Magruder,- Mathews, McCa¬
mant, A. W. McDonald, McLaughlin, Montague, R. E. Nelson, W. G.T. Nelson, Newton,
Orgain, Payne, Prince, Reid, Rives, .Robertson, Rutherfoord,"P. Saunders, R. C. Maunders,
Shannon, Sherrard, Spady, Steger, Thrash, Tredway, Tyler, Walker, Williams, Woodsoa
and Wright—62.
Noes—Messrs. Bayse, Cecil, Clarke, Crockett, Edmunds, Fletcher, Gatewood, Harrisou,
Johnson, Mallory, I. E. McDonald, Minor, Pitman, Yermillion and Worslnun—16.
Resolved, that the bill be rejected.
HOUSE OF DELEGATES. 45
Mr. Mallory, from a special committee, presented the following
resolution :
Resolved by the general assembly, that in the judgment of this
general assembly, the officers of the Confederate States a-nd of this
state having charge of the subject, should, when the public interests
demand it, impress the horses used for pleasure in the counties, cities
and towns of the commonwealth, rather' than*the horses and mules
of the farmers in the country -employed in the cultivation of crops
not only "necessary for their own support, but indispensable for the
army.
• Mr. Tredway moved to lay the resolution on the table; and the
question being 011 agreeing thereto, was put, and decided in the ne¬
gative. *
On motion of Mr. Tredway, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass,- Cazenove, Cecil, Crockett, R.
J. Davis, Flood, Gilmer, Harrison, Jones, Newton, Orgain, Reid, Rutherfoord, P. Saunders,
Steger, Tate, Tredway and Tyler—20. . •
Roes—Messrs. Bayse, Blue, Boofeon, Bouldin, Buford, Burks, Ckrpenter, Clarke, Dab-
ney, J. D. Davis, Dice, Edmunds, Eggleston, Ewing, Fletcher, Franklin, Gatewood, Gor¬
don, Grattan, Green, Hopkinsi Hunter, Huntt, Johnson, Kyle, Laidley, Lundy, Lynn,
Mag-ruder, Mallory, Mathews, McCamant, A'. W. McDonald, I. E. McDonald, McLaughlin,
Minor, Montague, R. E. Nelson, W. G. T> Nelson, Payne, Pitman, Prince, Rives, Robert¬
son, R. C. Saunders, Shannon, Sherrard, Spacly, Thrash, Yermillion, Walker, Williams,
Woodson and Worsham.—54. :
The question recurring on agreeing to the resolution, Mr. Grattan
demanded the previous .question ; which was sustained by the house;
and being put', was decided in The affirmative.
Ordered, that Mr. Mallory carry the sapie' to the 'senate, and re¬
quest their concurrence.
On motion of Mr. Grattan, the house adjourned until to-morrow,
9 o'clock.
FRIDAY, May 16, 1862.
• A message from the senate, by their- clerk, was read as follows :
. In Senate, May 15, 1862.
The senate have agreed to the .joint resolution in relation to im¬
pressments, with amendments:
In which they respectfully request the concurrence of the House
of delegates.
. The resolution was taken up, and "the first amendment agreed to
as follows:
Insert.in resolution, after the wTord "state," the words "legally au¬
thorized to make •impressments."
The question being 011 agreeing to the second amendment, which
is as follows : " And that said officers impress the horses rather than
the mares of the owner, if the owner desire it," Mr. Anderson of
Botetourt moved the indefinite postponement of the resolution and
46
JOURNAL OF THE
amendment. Pending tlie consideration of which, the resolution
and amendment were laid on the table. .
Mr. Edmunds, from a joint committee, presented a report ou the
subject of committees of safety.
A resolution to enlarge the committee on the condition of the
country; and
A resolution conceding an address to the people and our soldiers,
heretofore communicated from the senate, were taken up and con¬
curred in.
Ordered, that the clerk inform the senate thereof.
A message was received from the senate by Mr. Robertson, who
informed the house of delegates that the senate had agreed to the re¬
port of a joint committee in relation to the appointment of commit¬
tees of safety: in which they respectfully requested the concurrence
of the house of delegates.
Mr. Tate submitted the following resolution ;■ which being ob¬
jected to, was laid over under the rule;
Resolved, that when this house adjourns to-day (the senate con¬
curring), it will adjourn sine die. •
On motion of Mr. Robertson, • '
Resolved, that leave be given to bring in a bill to amend the first
section of the act to provide 'a currency of notes of less denomina¬
tion than five dollars, passed March 29, 1S62.
The Speaker announced the following committee under, the reso¬
lution : Messrs. Robertson, Davis of Campbell, and Tate.
Qn motion of Mr. Mallory, the yote by which a seriate bill enti-.
tied an act providing payment for horses taken in the service of the
state, was reconsidered, and the bill laid on the table.
On motion of Mr. Buford, the chair was vacated until S o'clock
this evening.
EVENING SESSION.
Mr. Montague, from the joint committee on the penitentiary,'pre¬
sented a report; whieh was ordered to be laid on the table.
The report of the joint committee in relation to the appointment
of committees of safety, agreed to by the senate, and heretofore com¬
municated from the seriate, was taken up and agreed to.
Ordered, that the clerk inform the senate thereof.
Mfc. Anderson of Botetourt submitted -the following resolutions;
which being objected to, were laid over under the rule :
1. Resolved by the general* assembly of Virginia, that it is the
duty of every good citizen of the Confederate States to receive, in
their business transactions, the notes of the Confederate States: to
refuse to receive them, must depreciate and destroy their credit, and
deprive the confederate government of the means of defending our
liberty and independenceand such conduct cannot be too strongly
denounced as most effectually affording aid and comfort to the public
enemy, by destroying the means of conducting the war in our defence.
HOUSE OF DELEGATES.
47
2. That every one who refuses to receive the notes of the Con¬
federate States should be viewed as a traitor to his country and
closely watched, and no loyal citizen should have any business trans¬
actions or hold any intercourse with him, and he should be treated as
a public enemy.
3". Resolved, that the refusal to receive confederate notes should
be an indictable offence, and punished by fine and imprisonment.
The resolution in relation to impressments, with the, amendment
proposed .thereto by the senate, was taken up; and the question
being on the indefinite postponement of the resolution and amend¬
ment, was put, and decided in the affirmative—Ayes 39, noes 32.
'On motion of Mr. Saunders of Campbell, the vote was recorded
as follows ;
Ayes—Messrs. Sbeffey (speaker), J. T. Anderson, Bass, Booton, Bouldm, Bradford, Bu-
ford, Cecil, H. N. Coleman, Crockett, Dabney, Edmunds, Flood, Gilmer, Gordon, Harrison,
Hopkins, James, Johnson, Jones, Lundy, Mathews,. Montague, Newton,- Prince, Reid,
Richardson, Rives, Robertson, Robinson, Rutherfoord, P. Saundei's, R. C. Saunders, Spady,
Steger, T*te, Tredway, Tyler and Wynn.e—139." ' •
Noes—Messrs. Bayse, Blue, Burks, Cazenove, Clarke, R. J. Davis, Dice, Eggleston,
Fletcher, Franklin, Gatewood,- Grattan, Green, Hunter, Huntt, Kyle, Lockridge, Magruder,
Mallory,. A. W. McDonald, I. E. McDonald, McLaughlin, Minor, W. G. T. Nelson, Pit¬
man, Shannon,-Sherrard, Thrash, Vermillion; Williams, Woodson and Woi'sham—32.
Mr. Robertson, from a special committee, presented the following
biH t -• . •
. No. 22. A bilk to amend and re-enact the 1st. section of the act
passed March 29, 1862, entitled an act . to provide a currency of
notes of less denomination than five .dollars; which was read a first
time, and, two-thirds concurring, read a second time, and ordered to
fie engrossed and read a third time; and being forthwith engrossed,
two-thirds concurring, was read a third time and passed.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence. '•
On motion of Mr. Robertson,
• Resolved, that leave be given to bring in a bill to amend the 1st
section of an act entitled an act to amend and re-enact the 63d ordi¬
nance of the convention authorizing, banks to change their places of
business, passed March 31, 1S62.
The following committee was appointed: Messrs. Robertson,
Bouldin and Bradford.
Subsequently, Mr. Robertson, from the committee, presented the
following bill:
No. 23. A bill to amend the 1st section, of an act entitled an act
to amend-and re-enact the'63d ordinance of the convention autho¬
rizing banks to change their places of business, passed 31st March
1862; which was read a first time, and two-thirds concurring, 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. Robertson carry the same to the senate, and
request their concurrence.
No. 10. A senate bill entitled an act providing payment for horses
taken in the service of the state, was taken up, on motion of Mr.
Cazenove, read a third time and passed—Ayes 68, noes 5.
48 JOURNAL OF THE
Ayes—Messrs. Slieft'oy (speaker), J. T. Anderson, Bass, Bay so, Blue, Booton, Bouldin,
Bradford, Buford, Burks, Carpenter, Cnzenovo, Clarke, H. N. Coleman, Dnluiey, Daniel,
J. D. Davjs, K. ,T. Davis, Dice, Eggleston, Flood, Franklin, Gutewood, Gilmer, (Kordon,
Grattan, Green, Hopkins, Hunter, Hnntt,.,Tames, Jones, Kyle, Iaiidloy, Lockridge, Lu'udy,
Magruder, Mallory, Mathews, A. W. McDonald, McLaughlin, Montague, K. E. Nelson,
W. G. T. Nelson, Newton, Orgain, Fayne, Pitman, Prince, Reid, Rives, Robertson, Ro¬
binson, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Small, Sherrard,- Spady.
Steger, Thrash, Tredway, Tyler, Yormillion, "Williams,, \Voodson and Wynne,—G3.
Noes—Messrs. Cecil, Crockett, Fletcher, Harrison and I". E. McDonald—5.
Ordered, that the clerk inform the senate'thereof.
On motion of Mr. Davis of Campbell,
Resolved,, that the committee, for courts of justice enquire and
report what legislation is necessary as to the seat, of government in
consequence of the possibility'of the occupation of the capital by
the public enemy.
Subsequently, Mr. Rutherfoord, from the committee for courts of
justice, presented the following bill-:
No. 24. A bill authorizing a "temporary, change in the seat of
government in a certain contingency; which was read a first and
second times, 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.. Rutherfoord carry the same to the senate, and
request their concurrence.
Mr. Reid, from the committee on finance, preseifted the following
bill: ' . '
No. 21. A bill prescribing the mode of obtaining judgment against
defaulting collectors of'taxes and other public dues; which was read
a first time, and twQ-th-irds concurring, reach a- second time, and
ordered to be engrossed and read a third time; and being forthwith
engrossed, two-thirds concurring, was read a third tithe and passed.
On motion of Mr. Reid, the following resolution, heretofore sub¬
mitted, was taken up :
Resolved, tha.t when this house' adjourns on the, 17th instant (the
senate concurring), it will adjourn to meet on the,first Monday in
December next. 9
Mr. Woodson submitted the following amendment to the resolu¬
tion : , '
Resolved, that when the general assembly adjourns, it will adjourn
to meet on the -first Monday in December next j find the question
being on agreeing thereto, was put, and decided in the affirmative,
The question being, on agreeing to the resolution as amended-, was
puf, and decided in the affirmative—Ayes 40, nOes 38.
On motion of Mr. Woodson, the vote was recorded as follows:
Ayes—Messrs. Sheffcy (speaker), J. T. Anderson, Blue, Bouklin, Bradford, Cazenove.
H. N. Coleman, Crockett, Daniel, Dice, Edmunds, Flood, Franklin, Gordon, Grattan, Hop¬
kins, Hunter, James, Johnson, Jones, Laidley, Magruder, I. E. McDonald, McLaughlin,
Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Payne, Pitman, Reid, Robin¬
son, Rutherfoord, Small, Sherrard, Tredway, Tyler and Wynne—40.
Noes—Messrs. Bass, Bayse, Booton, Buford, Burks, Carpenter, Cecil, Clarke, Duhney,
R. J. Davis, Eggleston, Fletcher, Gatewood, Gilmer, Green, Harrison, Huutt, Kyle, Lock-
ridge, Lundy, Mallory, Mathdws, A. W. McDonald, Orgain, Prince, Richardson, RiveS,
Robertson, P. Saunders, R. C. Saunders, Shannon, Spady, Steger, Tate, Thrash, Vermil¬
lion, Williams and Woodson—33.
HOUSE OF DELEGATES. 49
Ordered, that Mr. Reid carry the same to the senate, and request
their concurrence.
Mr. Harrison submitted the following resolution :
Resolved by the senate and house of delegates, that the general
assembly will adjourn on Saturday the 17th instant; and the ques¬
tion being on agreeing thereto, was ,put, and decided in the affirma¬
tive—Ayes 41, noes 34.
On motion of Mr. Harrison, the vote was recorded as follows:
Ayes—Messrs. Boo ton, Burks, Cazenove, Cecil, Clarke, Crockett, Daniel, Dice, Ed¬
munds, Fletcher, Flood, Franklin, Gatewood, Gordon, Harrison, Hunter, Huntt, Kyle,
Laidley, Lockridge, Lundy, Magruder, Mallory, Mathews, Minor, Montague, R. .E. Nelson,
W. G. T. Nelson, Newton, Orgain, Prince, Eeid, Richardson, Rives, Rutherfoord, Shannon,
Spady, Tate, Thrash, Tredway, Tyler and Vermillion—41.
Noes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Blue, Bouldin, Bradford, Bu-
ford, Carpenter, H. N. Coleman, Dabney, J. D- Davis, R. j. Davis, Eggleston, Gilmer,
Grattan, Green, Hopkins, James, Johnson, Jones, A. W. McDonald, i. E. McDonald,
McLaughlin, Payne, Pitman, Robinson, P. Saunders, R. C. .Saunders, Small, Sherrard,
Steger, Williams, Woodson and Wynne—34.
On motion of Mr. Eooton, leave of absence was given him for the
remainder of the session.
On motion of Mr. Dabney, leave of absence was given him for the
remainder of the session.
On motion of Mr. HorKiNS,
Resolved, that when the house adjourns, it will adjourn to meet
on to-morrow at 10 o'clock.
On motion of Mr. Hunter, the house adjourned.
SATURDAY, May 17, 1862.
A communication from the senate, by their clerk, was read as
follows:
In Senate, May 16, 1862.
The senate have passed bills entitled:
An act to amend the first section of an act entitled an act to amend
and re-enact the 63d ordinance of the convention authorizing banks
to change their places of business, passed 31st March 1862, No. 23^
An act to amend and re-enact the 1st section of the act passed
March 29th, 1862, entitled an act to provide a currency of notes of
less denomination than five dollars.
Mr. IIuntt, from the committee on enrolled bills, reported that
the committee had examined sundry such bills, and finding them cor¬
rectly enrolled, they are reported for further examination.
On motion of Mr. Gr rattan,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of providing by law for the registration
and preservation of evidences of debt due by the commonwealth to
individuals and corporations, from circumstances arising out of the
war.
6
50
JOURNAL OF THE
On motion of Mr. Steger,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law for the cases in which the office of a
member of the general assembly shall be declared vacant.
Subsequently, Mr. Rutiierfoord, from the committee, presented
an adverse report to the resolution.
A message was received from the senate by Mr. Thomas, who in¬
formed the house of delegates that sundry enrolled bills had been
examined by that body, and being found correctly enrolled, were
signed by the presiding officer, and were communicated for further
signature.
O
Mr. Harrison Submitted the following resolution; which being
objected to, was laid over under the rule:
Whereas the legislature having transacted all the business before
it, and made provision to meet the present emergency, the longer
continuance of the session can promote no public interest: Therefore,
Resolved, that the general assembly will adjourn this day at 1
o'clock.
On motion of Mr. Magruder,
Resolved, that it be referred to a special committee to enquire into
the expediency of reporting a bill placing fast days designated by the
president of the Confederate States, 011 the same footing with regard
to bills, notes, &c. as 1st January and 4th of July.
The Speaker announced the following committee under the reso¬
lution: Messrs. Magruder, Tredway, Hunter, Anderson of Botetoutt,
and Reid.
On motion of Mr. Harrison, the following resolution was taken
up:
Resolved by the general assembly of Virginia, that it is the duty
of every good citizen of the Confederate States to receive in their
business transactions the notes of the Confederate States. To refuse
to receive them, must depreciate and destroy their credit, and de- .
prive the confederate government of the means of defending our
liberties and independence; and such conduct cannot be too strongly
denounced as most etfectually affording aid and comfort to the public
enemy, by destroying the means of conducting the war in our defence.
Mr. Tate moved to amend the resolution, by striking out the en¬
tire resolution, and inserting the following:
This general assembly, entertaining an abiding and unwavering
confidence in the permanent success and enduring stability of the
confederate government, as well as in its ability to meet all its pecu¬
niary obligations:
Resolved, that the treasury notes of the Confederate States consti¬
tute a soun<$ and safe currency, and that it is the patriotic duty of
every citizen to receive the same in all business transactions.
Mr. Hunter submitted the following amendment to the amend¬
ment : " and that the refusal by any person, not within the enemy's
lines, to receive said currency, ought to be taken as just ground of
suspicion against said person by the public authorities, and that the
latter should act accordingly."
HOUSE OF DELEGATES.
51
Pending the consideration of which,
On motion of Mr. Magruder, the .resolution and amendments
were referred to a special committee.
The Speaker announced the following committee: Messrs. An¬
derson of Botetourt, Robertson, Saunders of Campbell, Tate, New¬
ton, Steger, Hunter, Richardson and Magruder.
On motion of Mr. Orgain,
Resolved, that the select committee just appointed enquire into
the expediency of reporting a bill making it punishable by fine and
imprisonment to refuse confederate notes in payment of any existing
debt, or for the purchase of any article; and, in the event of such
refusal, postponing the payment of said debt for years, and
without interest.
Subsequently, Mr. Anderson, from the special committee, pre¬
sented the following resolutions:
1. Resolved by the general assembly of Virginia, that it is the
sacred and patriotic duty of every good citizen of the Confederate
States, not under duress of the enemy, to receive in his business
transactions the notes of the Confederate States. To refuse to
receive them, must depreciate their credit, and will tend to deprive
the confederate government of the means of defending our liberty
and independence; and such conduct cannot be too strongly de¬
nounced, as most effectually affording aid and comfort to the public
enemy.
2. Resolved, that the confederate treasury notes should be made a
legal tender in payment of debts, and that our senators and repre¬
sentatives in congress be requested to take the proper steps to effect
that purpose.
3. Resolved, that the confederate stock should be guaranteed by
the several states of the Confederacy, according to their respective
federal proportions, and that the congress be requested to bring the
subject to the attention of the legislatures of the several states.
The question being on agreeing to the 1st resolution, was put,
and decided in 'the affirmative—Ayes 72.
On motion of Mr. McDonald of Hampshire, the vote was recorded
as follows:
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Bayse, Bine, Bouldin, Brad¬
ford, Buford, Burks, Carpenter, Clarke, H. N. Coleman, Crockett, J. D. Davis, R. J. Davis,
Dice, Edmunds, Eggleston, Fletcher, Flohd, Franklin, Garrison, Gatewood, Gilmer, Gor¬
don, Grattan, Green, Harrison, Hopkins, Hunter, Huntt, James, Johnson, Jones, Kyle,
Laidlcy, Lockridge, Lundy, Magruder, Mallory, Mathews, McCamant, A. W. McDonald,
McLaughlin, Minor, Montague, Newton, Payne, Pitman, Prince, Riddick, Rives, Robert¬
son, Robinson, Rutberfoord, P. Saunders. R. C. Saunders, Shannon, Small, Sherrard, Ste¬
ger, Tate, F. G. Taylor, Thrash, Tredway, Vermillion, Walker, Ward, West, Williams,
Woodson and Wright—72.
The question being on agreeing to the 2d resolution, Mr. Bouldin
moved to amend the resolution, by inserting after the word "debts,"
the following: "in all cases in which congress may have that power
under the constitution of the Confederate States j" and the question
being on agreeing theretq, was put, and decided in the negative.
Mr. Bouldin moved further to amend the resolution, by inserting
at the end of the resolution the following: " by an amendment of
52
JOURNAL OF THE
the constitution, if necessaryand the question being on agreeing
thereto, was put, and decided in the negative.
The question being on agreeing to the 2d resolution, Mr. Buford
moved to lay the resolution 011 the table; and the question being on
agreeing thereto, was put, and decided in the ne'gutive—Ayes 03,
noes 39.
On motion of Mr. Buford, the vote was recorded as follows :
Ayes—Messrs. Sheffey (speaker), Bass, Bouldin, Bradford, Buford, Cecil, Clarke, Crock¬
ett, Edmunds, Fletcher, Franklin, Cfilmer, Gordon, Green, Hunter, Jones, Laidley, Lundy,
Mallory, A. W. McDonald, I. E. McDonald, Montague, W. G. T. Nelson, Payne, Rives,
Rutherfoord, P. Saunders, R. C. Saunders, Spady, Thrash, Tredway, Williams and
Wright—33.
Noes—Messrs. J. T. Anderson, Bayse, Blue, Carpenter, H. N. Coleman, Daniel, J. D.
Davis, Dice, Eggleston, Flood, Garrison, Gatewood, Grattan, Harrison, Hopkins, Huntt,
James, Kyle, Lockridge, Magruder, Mathews, McCamant, McLaughlin, Newton, Pitman,
Riddick, Robertson, Robinson, Shannon, Small, Sherrard, Steger, Tate, F. G. Taylor, Ver¬
million, Ward, West, Woodson and Worsham—39.
The question recurring on agreeing to the resolution, was put, and
decided'in the affirmative—Ayes 4L, noes 24.
On motion of Mr. Anderson of Botetourt, the vote was recorded
as follows:
Ayes—Messrs. J. T. Anderson, Bayse, Blue, Buford, Carpenter, H. N. Coleman, Daniel,
J. D. Davis, Dice, Eggleston, Flood, Franklin, Garrison, Gatewood, Grattan, Green, Har¬
rison, Hopkins, Hunter, James, Johnson, Kyle, Lockridge, Magruder, McCamant, Minor,
Montague, Newton, Pitman, Prince, Robertson, Shannon, Steger, Tate, F. G. Taylor, Ver¬
million, Ward, West, Williams, Worsham and Wright—41.
Noes—Messrs. Sheffey (speaker), Bass, Bouldin, Bradford, Burks, Cazenove, Cecil,
Clarke, Crockett, Edmunds, Fletcher, Gilmer, Gordon, Jones, Laidley, A. W. McDonald,
I. E. McDonald, W. G. T. Nelson, Payne, Rutherfoord, P. Saunders, R. C. Saunders,
Thrash and Tredway—24. . .
The 3d resolution was then agreed to.
Ordered, that Mr. Anderson of Botetourt carry the resolutions to
the senate, and request their concurrence.
A message was received from the senate by Mr. Branch, who
informed the house of delegates that the senate had agreed to a reso¬
lution to provide for the care and comfort of the inmates of the
lunatic asylum at Williamsburg: in which they requested the con¬
currence of the house of delegates.
The resolution was subsequently taken up and agreed to.
Ordered, that the clerk inform the senate thereof.
A message was received from the senate by Mr. Brannon, who
informed the house of delegates that the senate had agreed to a
resolution directing- the second auditor to issue a warrant to L. D.
Haymond: in which they requested the concurrence of the house of
delegates.
The resolution was subsequently taken up and agreed to—Ayes 69.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Bayse, Blue, Bouldin, Bradford,
Buford, Burks, Cecil, Clarke, H. N. Coleman, Crockett, J. D. Davis, R. J. Davis, Dice,
Edmunds, Eggleston, Fletcher, Franklin, Garrison, Gatewood, Gilmer, Gordon, Harrison,
Hopkins, Hunter, Huntt, James, Johnson, Jones, Kyle, Laidley, Lockridge, Lundy, Ma¬
gruder, Mallory, Mathews, A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Mon¬
tague, Newton, Payne, Pitman, Prince, Riddick, Rives, Robertson, Robinson, Rutherfoord,
P. Sau'nders, R. C. Saunders, Shannon, Shtrrard, Steger, Tate, F. G. Taylor, Thrash,
Tredway, Vermillion, Walker, Ward, West, Williams, Woodson, Wootten and Wright—09.
Ordered, that the clerk inform the senate thereof.
HOUSE OF DELEGATES.
53
On motion of Mr. Cazenove,
Resolved, that the committee for courts of justice enquire whether
the general assembly possesses the power to submit again to the peo¬
ple, for ratification or rejection, the constitution and schedule recently
voted upon by them; and if .the committee shall decide in favor of
the power, that they further enquire into the expediency of so sub¬
mitting them, and report at the adjourned session of this general as¬
sembly, if the same should be held.
On motion of Mr. Anderson of Botetourt,
Resolved, that leave be given to the committee on military affairs
to bring in a bill to amend the first section of the act entitled an act
to authorize a force of ten thousand men to be raised for the defence
of the commonwealth, passed May 15, 1862.
Mr. Anderson, from the committee, presented the following bill:
No. 25. A bill amending and re-enacting the first section of an act
passed 15th May 1862, entitled an act to authorize a force of ten
thousand men to be raised for the defence of the commonwealth;
which was read a first time, and two-thirds concurring, was read a
second time, and ordered to be engrossed and read a third time; and
being forthwith engrossed, was read a third time and passed.
Ordered, that Mr. Anderson of Botetourt carry the same to the
senate, and request their concurrence.
A message was received from the senate by Mr. Nash, who in¬
formed the house of delegates that the senate had passed house bill
No. 25, entitled an act amending and re-enacting the first section of
an act passed 15th May 1862, entitled an act to authorize a force of
ten thousand men to be raised for the defence of the commonwealth.
A message was received from the senate by Mr. Dickinson of
Prince Edward, who informed the house of delegates that the senate
had passed with an amendment bill No. 24, entitled an act authoriz¬
ing a temporal}?' change in the seat of government in a certain con¬
tingency : in which they requested the concurrence of the house of
delegates.
Subsequently, the amendment was concurred in.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Grattan,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of providing by law for the registration
and preservation of evidences of debt due by the commonwealth to
individuals and corporations, from circumstances arising out of the
war.
Subsequently, Mr. Rutiierfoord, from the committee for courts
of justice, presented an adverse report to the resolution.
On motion of Mr. "Worsiiam,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of providing by law for protecting the
interests of the owners of slaves hired out in districts occupied by
the public enemy, or threatened with such occupation.
Subsequently, Mr. Rutherfoord, from the committee, presented
an adverse report to the resolution.
54
JOURNAL OF THE
Mr. Richardson submitted the following resolution; which being
objected to, was laid over under the rule :
Resolved, that this house, by virtue of the ordinance of the Vir¬
ginia convention for that purpose, has the power to fill vacancies
therein, which cannot be supplied in the usual mode by reason of
the presence of the public enemy.
Resolved further, that this house will proceed, on the day of
May 1862, to fill the vacancies in this house, which cannot be filled
by regular elections in the respective election districts, by reason of
the presence of the public enemy, and that' in making said election,
candidates for election shall be voted for, for each separate election
district, in the order in which the house may determine; and when
there are two or more candidates for any election district, a majority
of all the votes cast shall be necessary to an election.
On motion- of Mr. Prince,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending section 13, chapter 53 of the Code of
1S60, as to permit tenants for life to carry slaves out of the state,
without a forfeiture of their interest.
.Subsequently, Mr. Rutherfoord, from the committee, presented
the following bill:
No. 27. A bill to amend and re-enact section 7, chapter 103 of
the Code; which was read a first and second times, and ordered to
be engrossed and read a third time; and two-thirds concurring (being
forthwith engrossed), was read a third time and passed.
'Ordered, that Mr. Prince carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the - senate by Mr.
Nash, who informed the house of delegates that the senate had
passed the bill.
A message was received from the senate by Mr. Dickinson of
Prince Edward, who informed the house that the senate-had agreed
to a resolution from the house as to the adjournment of the general
assembly, with an amendment: in which they asked the concurrence
of the house of delegates.
The amendment was agreed to.
The resolution provides for the meeting of the general assembly
on the 1st Monday in December next, unless sooner convened by the
governor.
Mr. Carpenter moved an adjournment; and the question being
on agreeing thereto, was put, and decided in the negative—Ayes 27,
noes 37.
On motion of Mr. Carpenter, the vote was recorded as follows:
Ayes—Messrs. Bayse, Blue, Bouldin, Bradford, Buford, Carpenter, E. J. Davis, Franklin,
Gatewood, Grattan, Green, James, Johnson, Jones, A. W. McDonald, I. E. McDonald,
Newton, Payne, Pitman, Prince, R. C. .Saunders, Sherrard, Thrash, Ward, Williams,
Wootten and Wright—27.
Noes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Burks, Cazenove, Cecil, Clarke,
H. N. Coleman, Crockett, Daniel, J. D. Davis, Dice, Edmunds, Eggleston, Fletcher, Flood,
Gilmer, Gordon, Harrison, Hunter, Kyle, Laidley, Magruder, McCamant, Minor, Montague
W. G. T. Nelson, Robertson, Rutherfoord, P. Saunders, Shannon, Steger, Tate, F. G. Tay¬
lor, Tredway, Vemillion and West—117.
HOUSE OF DELEGATES. 55
On motion of Mr. Edmunds, the chair was vacated until 8 o'clock
P. M.
EVENING SESSION.
Mr. Magruder, from a special committee, presented the following
bill:
No. 26. A bill to amend the 3d, 4th and other sections of chapter
144 of the Code of Virginia (edition of 1860); which was read a
first time, and two-thirds concurring, was read a second time, and or¬
dered to be engrossed and read a third time; and being forthwith
engrossed, was read a third time; and the question being—Shall the
bill pass ? was put, and decided in the negative.
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate had agreed to the fol¬
lowing resolution:
Resolved, that a committee of five on the part of the senate, and
seven on the part of the house, be appointed to confer in regard to
the adjournment of the general assembly.
The resolution was taken up and agreed to.
The Speaker announced the following committee under the reso¬
lution : Messrs. Edmunds, Newton, Tate, Harrison, Blue, Minor and
Bradford.
Subsequently, Mr. Edmunds, from the committee, presented the
following report; which was concurred in :
The joint committee appointed to confer upon the subject of the
adjournment of the general assembly, have had the subject under
consideration, and have come to the following resolution :
Resolved, that the general assembly will adjourn at 2 o'clock P.
M. on Monday the 19th instant, to meet on the 1st Monday in De¬
cember, unless sooner convened by the governor.
Ordered, that Mr. Edmunds carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr.
Armstrong, who informed the house of delegates that the senate
had agreed to the resolution.
No. 25. A senate bill entitled an act to reorganize boards of exemp¬
tion, was taken up, on motion of Mr. Crockett, read a first and
second times, and on his further motion, was read a third time; and
the question being—Shall the bill pass ? on motion, the bill was laid
on the table.
Mr. Wynne submitted the following resolution; which being ob¬
jected to, was laid over under the rule :
Resolved by the general assembly, that the governor be and he is
hereby authorized and requested to use such means as in his judg¬
ment may be necessary to place obstructions in the James and Ap¬
pomattox rivers, or either of them, in addition to those now existing,
or others being erected by the confederate government; and for the
furtherance of this object, he be authorized to impress men and ma-
journal of tfte
torials, or any tiling else which ma}' be requisite to carry this resolu¬
tion into effect without delay.
Mr. Hunter submitted the following preamble and resolution; and
the question being on agreeing thereto, was put, and decided in the
affirmative:
Whereas this general assembly places a high estimate upon tin?
value of the ranger or partisan service in prosecuting the present
war to a successful issue, and regards it as perfectly legitimate; and
it being understood that a federal commander on the northern border
of Virginia has intimated his purpose, if such service be not discon¬
tinued, to lay waste, by fire, the portions of our territory at present
under his power:
Resolved by the general assembly, that in its opinion the policy of
employing such rangers or partisans ought to be carried out energe¬
tically, both by the authorities of this state and of the Confederate
States, and without the slightest regard to such threats.
Ordered, that Mr. Hunter carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by Mr. Is-
bell, who informed the house of delegates that the senate had agreed
to the preamble and resolution.
On motion of Mr. Steger, leave of absence was granted him for
the remainder of the session.
On motion of Mr. Rutherfoord,
Resolved, that when this house adjourns, it will adjourn to meet
on Monday at 10 o'clock.
On motion of Mr. Cazenove, the house adjourned till Monday, 10
o'clock.
MONDAY, May 19, 18G2.
On motion of Mr. Davis of Campbell,
Resolved, that a special committee, to consist of five members, be
appointed by the Speaker, whose duty it shall be to enquire into
the expediency of so amending the law as to remove the exemption
from jury service, of persons above sixty years of age.
The Speaker announced the following committee under the reso¬
lution: Messrs. Rutherfoord, Edmunds, Harrison, Davis of Campbell,
and Burks.
Subsequently, Mr. Rutherfoord, from the committee, presented
the following bill:
No. 2S. A bill to amend and re-enact section 1st, chapter 1G2 of
the Code (edition of I860); which was read a first and second times,
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 Mr. Davis of Campbell carry the same to the senate,
and request their concurrence#
HOUSE OF DELEGATES.
57
Subsequently, a message was received from the senate that the bill
had been passed by 'that body.
On motion of Mr. Green, •
Resolved, tl^at. the injunction of secrecy be removed from the pro¬
ceedings of the house of delegates, and that the clerk be authorized
to publish, as addenda to the journal, the proceedings, of the present
session in secret session.
On motion of Mr. Davis of Campbell,
Resolved, that the clerk be directed to publish in the newspapers
of the city of Richmond the act authorizing a force of ten thousand
men to be raised; an act to organize a home guard; and the acts
amending the 5th section of chapter 205, and 13th section of chapter
207 of the Code.
On motion of Mr. Robertson,
Resolved by the. general assembly, that the governor be and is
hereby authorized to take such order, in conjunction with the judge
of the hustings court, in respect to the care, custody and maintenance
of prisoners confined in the jail of the city of Richmond, as circum¬
stances may render expedient, and pay any necessary expenditure
occasioned thereby, out of any contingent fund under his control.
Ordered, that Mr.. Robertson carry the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Dickinson of
Prince Edward, who informed the house of delegates that the senate
had agreed to the first resolution from the house of delegates in re¬
lation to confederate treasury notes; that they had disagreed to the
second resolution, and that they had agreed to the third resolution, -
with an amendment.
The amendment was agreed to.
Ordered, that Mr. Saunders of Campbell inform the senate thereof.
A message was received from the senate by Mr.. Robertson, who
informed the house of delegates that the senate had agreed to a reso¬
lution in relation to the care, custody and maintenance of prisoners
confined in the jail of the city of Richmond, with an amendment: in
which they requested the concurrence of the house of delegates.
The resolution was taken up, and the amendment agreed to.
Ordered, that Mr. Robertson inform, the senate thereof.
On motion of Mr. Robertson,
Resolved, that leave be given to bring in a bill to amend the 3d
section of the act entitled an act to..provide a currency of notes of
less denomination than, five dollars, passed March 29, 1-862.
The Speaker announced the following committee: Messrs. Robert¬
son, Hunter and Ward.
Mr. Robertson, from the committee, presented the following bill:
No. 29. A bill to amend the 3d section of an act entitled an act
to provide a currency of notes of less denomination than five dollars,
passed March 29, 1862 ; which was read a first time, and two-thirds
concurring, was read a second time, and ordered to be engrossed and
read a third time; and being forthwith engrossed, was read a third
time and passed.
7
58
journal of the
Ordered, that Mr. Robertson carry the same to the seriate, and
request their concurrence.
Subsequently, a message was received from the senate by Mr. Ro¬
bertson, who informed the house of delegates that the senate had
passed the bill.
. The Speaker proceeded to sign the following enrolled bills:
An act authorizing the payment of a certain coupon.
An act providing payment for horses taken in the service of the
state.
An act to re-establish an inspection of tobacco at the Farmville
warehouse iu the town of Farmville.
An act to amend and re-enact the 5th section'of an act passed
March 29, 1S62, entitled an act to provide a currency of less deno¬
mination than five dollars.
An act to amend and re-enact the first section of the act passed
March 29, 1862, entitled an act to provide a currency of notes of a
less denomination than five dollars.
An act to amend and re-enact the third section of an act passed
March 29, 1862, entitled an act to provide a currency of notes of
less denomination than five dollars.
An act to amend the 1st section of an act entitled an act to amend
and re-enact the 63d ordinance of the convention, authorizing banks
to change their places of business, passed March 31, 1862.
An act to amend the 81st section of an act entitled an act to
amend the charter of the city of Richmond, passed March 18, 1861.
An act authorizing insurance companies to change their places of
business.
An act providing for the execution of sentence of death in certain
cases.
An act authorizing a temporary change in the seat of government
in a certain contingency.
An act declaring the standard of a cord measure.
An act fixing the compensation of the clerks of the senate and
house of delegates during the extra session.
An act to punish purchasers of property falsely representing them¬
selves authorized to impress or purchase the same.
An act to organize a home guard.
An act to authorize a force of ten thohsand men to be raised for
the defence of the commonwealth.
An act amending and re-enacting the 1st section of an act passed
May 15, 1-862, entitled an act to authorize a force of ten thousand
men to be raised for the defence of the commonwealth.
An act prescribing the mode of obtaining judgment against de¬
faulting collectors of taxes and other ptiblic dues.
An act making an appropriation in a certain contingency for the
protection of certain inhabitants of the city of Richmond.
An act to authorize the county courts to purchase and distribute
salt amongst the people, and provide payment for the same.
An act to authorize the sale of the Roanoke valley rail road.
HOUSE OF DELEGATES.
59
An act to amend and re-enact section 5, chapter 205 of the Code
of Virginia.
An act amending the 19th section of chapter 14 of the Code, con¬
cerning salaries.
An act to amend and re-enact the 7th section of chapter 103 of
the Code.
An act to amend and re-enact section 1st, chapter 162 of the Code
of Virginia (edition 1860).
An act to amend and re-enact section 13, chapter 207 of the Code
of Virginia.
An act to amend and re-enact the 1st section of chapter 10S of
the Code of Virginia.
An act to authorize the governor of Virginia to co-operate with
the confederate government.in and about the defences of Richmond
and Petersburg.
An act prescribing the effect of a judgment in favor of the com¬
monwealth against a deceased person.
An act concerning treasury notes.
An act to authorize a change of licenses.
On motion of Mr. Burks,
Resolved, that the thanks of this house are due, and are hereby
tendered to the speaker of this house, for the able, dignified and im¬
partial manner in which he has discharged the duties of his office.
On motion of Mr. Anderson of Botetourt,
Resolved, that the thanks of the house be presented to the clerk,
for the prompt and faithful manner in which he has discharged his
duties.
' On motion of Mr. Tate,
Resolved, that the thanks of this house are hereby tendered to the
sergeant at arms, doorkeepers and pages, for the cheerful, prompt
and efficient manner in which they have performed their duties.
On motion of Mr. Flood,
Resolved, that the thanks of this house are due, and are hereby
tendered to the ministers of the gospel who have so acceptably dis¬
charged the duties of chaplain during this session.
On motion of Mr. Blue,
Resolved, that the senate be informed that the house on its part is
now ready to adjourn until the first Monday in December next.
A message was received from the senate informing the house that
they were ready to adjourn on their part.
On motion of Mr. Blue, the house adjourned until the first Mon¬
day in December next.
ADDENDA
FRIDAY, May 9, 1862—Secret Session.
On motion of Mr. Robertson, the house resolved itself into secret
session. *
Mr. Robertson, from a joint committee, presented the following
teport; which was read and ordered to be laid on the table:
The joint committee of the two houses of the general assembly,
to whom was referred the communication of the governor in regard
to the defences of Richmond and Petersburg, along the James and
Appomattox rivers, respectfully report: •
That in pursuance of their instructions, they immediately called
on the governor, and the head of the war department of the Con¬
federate States, with both of whom they had a full and frank con¬
ference. In order that they might accomplish the object of their
appointment to the best of their power, they concluded to visit the
spot where the confederate authorities are now engaged in obstruct¬
ing James river; and on their return, had an interview with the pre¬
sident, the secretary of the navy being also present.
The committee deem it unnecessary to enter into any detailed ac¬
count of the works now in progress, or those contemplated 'by the
confederate authorities, in or along the James and Appomattox.
Still more useless, in their opinion, if not improper, would it be in
them to attempt any explanation of the causes which have prevented
the completion or retarded the progress of those works. From all
the information they have been able to obtain from the executive
officers of the state and of the Confederacy, and the agents employed,
and their own personal observation, they feel authorized and bound
to say, that at the time of their visit on yesterday, the measures in
progress were not in a condition to afford security to the city of
Richmond. A line of cribs, to be filled- with granite, eight in num¬
ber, had been commenced some weeks past, extending from Drewry's
bluff in Chesterfield, to the opposite shore, four of which had been
completed. The battery on the bluff, intended to aid in repelling
the enemy, is now in condition to render some service, and will be
completed, we understand, in a brief period. The first line of cribs
across the river, it is thought, will be finished in the course of the
present week; but the additional cribs, which are to prevent the ap¬
proach of vessels to the first line, cannot be done in less than two
weeks.
In regard to the Appomattox, no works have as yet been actually
commenced. We are informed, however, that competent agents
62
JOURNAL OF THE
have been employed, with directions ihimediately to place obstruc¬
tions therein at such point or points as may seem best calculated to
prevent an attack by water on the city of Petersburg.
The committee deem it proper to add, that so far as they are able
to judge from all they have seen and heard, the confederate authori¬
ties and their agents are at this time actively engaged in carrying on
and completing all such works as in their opinion are practicable and
proper to defend both Richmond and Petersburg from danger of an
assault by water.
In conclusion, the committee further report, that they are assured
by the confederate authorities that they do not desire or.need any aid
at this time in funds, labor or otherwise, from the commonwealth, to
enable them to accomplish the defences along the James or Appo¬
mattox rivers. On the contrary, their agents employed in the con¬
struction of these defences, the committee are officially informed, are
supplied with as much labor as they can usefully employ, and with
the necessary materials as fast as they can use them.
John Robertson,
CKn Senate Committee.
Wynd. Robertson,
Ch'n'House Committee.
Mr. Wynne presented the report of R. R. Collier of the senate's
committee; which was read, and ordered to be laid on the table:
The undersigned, accompanied the joint committee, as a member
thereof, in the round of calls on the state and the confederate func¬
tionaries ; and in addition to the bill which he proposes, and which
was not adopted by the committee, he begs to say, for further re¬
port, that he deems the projected obstructions of James river as suffi¬
cient, if protected by -heavy ordnance more on a level with the ob¬
structions than the battery is on Drewry's bluff; to be worked by
the men in pits: and provided also that rifle pits, some fifty or a
hundred, be promptly arranged within range of the obstructions;
but that the obstructions will be wholly inadequate, however well
completed according to the design, if only supported by the forti¬
fications now under construction.
The undersigned will only add, that whilst he is satisfied the con¬
federate authorities are actively engaged in obstructing those rivers,
he would suggest that this report be certified to the secretary of war,
and that he be requested to give his attention to the subject, and see
to it all the time, till the obstructions are completed; that all requi¬
sitions by the engineers in charge be promptly' filled, so that there
shall be as little delay as possible.
R. R. Collier,
Senate Committee.
HOUSE OF DELEGATES.
63
A Bill to authorize the Governor of Virginia to co-operate with the Con¬
federate Government in and about the defences oj Richmond and Peters¬
burg.
1. Be it enacted by the general assembly, that the sum of
dollars be and the same is hereby appropriated, out of any money
in the treasury not otherwise appropriated, to enable the governor to
co-operate with the president of the Confederate States on consulta¬
tion in and about the most effectual ways and means of promoting
the defences of the cities of Richmond and Petersburg, or either of
them.
2. That the governor he and he is hereby required to make in
detail a report to the general assembly of all sums and for what pur¬
poses expended in virtue hereof, and that he make the same, by de¬
manding reimbursement thereof to the state by the confederate
government, a charge on that government.
3. This act shall be in force from its passage.
The resolution communicated from the senate was taken up and
read as follows:
Resolved, that the governor be and he is hereby authorized to
co-operate with the confederate authorities in the obstruction of the
James and Appomattox rivers, with a view of accomplishing that
object in the most speedy and effectual manner; and he is hereby
empowered to impress or otherwise procure such property and num¬
ber of men as he may deem proper, and do whatever he may think
necessary to effect the object aforesaid.
And the question being on agreeing thereto, Mr. Anderson of
Botetourt demanded the previous question; which was sustained by
the house; and being put, the roll was called, with the following
result—Ayes 58, noes 17 :
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Blue, Booton, Brooks; Buford.
Burks, Cazenove, H. N. Coleman, Collier, Crockett, Daniel, J. D. Davis, R- J. Davis,
Dice, Edmunds, Eggleston, Fletcher, Flood, Forbes, Franklin, Gatewood, Harrison, Hop¬
kins, Hunter, Johnson, Kyle, Laidley, Lynn, Mallory, Mathews, A. W. McDonald, McKin-
nev, McLaughlin, Montague, Newton, Orgain, Reid, Rives, Robertson, Robinson, Ruther-
foord, P. Saunders, Shannon, Small, F. G. Taylor, Thrash, Tredway, Tyler, Walker, Ward,
Williams, Woodhouse, Woodson, Woolfolk, Worsham and Wright—58.
Noes—Messrs. Bayse, Bouldin. Bradford, Dabney, Gilmer, Green, Jones, Magruder,
R. E. Nelson, W. G. T. Nelson, Payne, Prince, Sherrard, Steger, Tate, West and Wynne—17.
• Sixty-four members not having voted in the efffirmative,
Resolved, that the resolution be rejected.
Mr. Green moved a suspension of the rules, with a view to recon¬
sider the vote by which the resolution was rejected; and the question
being on agreeing thereto, was put, and decided in the affirmative.
The question being on agreeing to the resolution, Mr. Bouldin
submitted the following substitute, by way of amendment:
Resolved, that the governor be and he is hereby authorized to
co-operate with the* confederate authorities in the obstruction and
defence of the James and Appomattox rivers; and with a view of
accomplishing that object in the most speedy and effectual manner,
he is hereby empowered to tender to the president of the Confederate
64
JOURNAL OF THE
States all the power and resources of the state; and if necessary to
make such tender effectual, he is authorized to impress or otherwise
procure suck property and number of men as may be required to
effect the object aforesaid.
And the question being on agreeing thereto, Mr. Woodson de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the affirmative—Ayes 62, noes 10.
On motion of Mr. Collier, the vote was recorded as follows
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Bayse, Blue, Booton, Bouldin,
Bradford, Brooks, Buford, Burks, Carter, H. N. Coleman, Crockett, Dabney, Daniel, J. D.
Davis, R. J. Davis, Dice, Fletcher, Flood, Forbes, Franklin, Gatewood, Gilmer, Gordon,
Green, Harrison, Hopkins, Jones, Kyle, Lynn, Magruder, Mallory, Mathews, A. W. Mc¬
Donald, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Payne, Reid, Rives,
Robertson, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Sherrard, Spady, Steger,
Tate, Thrash, Tredway, Tyler, Walker, Ward, Williams, Worsham, Wright and Wynne—62.
Noes—Messrs. Cazenove, Collier, Hunter, Johnson, Laidley, McKinney, Orgain, Prince,
Woodson and Woolfolk—10.
The question recurring on agreeing to the resolution as amended,
Mr. Anderson of Botetourt demanded the previous question;. which
was sustained by the house; and being put, was decided in the
affirmative—Ayes 71.
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Bass, Bayse, Blue, Booton, Bouldin,
Bradford, Brooks, Buford, Burks, Carter, Cazenove, H. N. Coleman, Collier, Crockett,
Dabney, Daniel, J. D. Davis, R. J. Davis, Dice, Fletcher, Flood, Forbes, Franklin, Gate-
wood, Gilmer, Gordon, Green, Harrison, Hopkins, Hunter, Johnson, Jones, Kyle, Lynn,
Magruder, Mallory, Mathews, A. W. McDonald* McKinney, McLaughlin, Minor, Monta¬
gue, R. E. Nelson, W. G. T. Nelson, Orgain, Payne, Prince, Reid, Rives, Robertson,
Rowan, Rutherfoord, P. Saunders, R. C. Saunders, Shannon, Sherrard, Spady, Steger,
Tate, Tredway, Tyler, Walker, Ward, Williams, Woodson, Woolfolk, Worsham, Wright
and Wynne—71.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The doors being opened,
On motion of Mr. Jones, the house adjourned until to-morrow,
12 o'clock.
MONDAY, May 12, 1862—Secret Session.
On motion of Mr. Bass, the house resolved itself into secret session.
The Speaker laid'before the house the following communication
from the governor; which, on motion of Mr. Bass, was referred to
the committee for courts of justice:
Executive Department, May 12, 1862.
Gentlemen of the Senate and House of Delegates:
In a contingency that may happen, I am at a loss to
know what disposition to make of the penitentiary, and the convicts
therein confined. I feel it to be a duty, therefore, to bring the mat¬
ter to the attention of the general assembly, for their advice. I re¬
spectfully urge that early attention may be given to this subject, and
HOUSE OF DELEGATES. 65
that I may be informed, as soon as practicable, of the conclusion that
may be arrived at..
Respectfully,
John Letche^.
Honorable Speaker House of Delegates.
The doors being opened,
On motion of- Mr. Bradford, the house adjourned.
WEDNESDAY, May 14, 1862:—Secret Session.
On motion of Mr. Anderson of Botetourt, the house resolved itself
;into secret session.
No.. 13. An engrossed bill to authorize a force of ten thousand men
to be raised, vtas taken up, on motion of Mr. Forbes.
Mr. Hunter submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a third time;
and the question being—Shall the bill pass? was put, and decided in
the affirmative—Ayes 66, noes 4.
Ayes*—Messrs. Sbeffey. (speaker), J. T. Anderson, Baskervill, Bayse, Blue, Booton,
Bouldin, Bradford, Buford, Burks, Carpenter, Clarke, Crockett, Dabney, J. D. Davis, R.
J. Davis, Dice, Edmunds, Eggleston, Evans, Fletcher, Forbes, Franklin, Gatewood, Gil¬
mer, Grattan, Harrison; Hopkins, Hunter, .Johnson, Jones, Kyle, Laidley, Lundy, Lynn,
Magruder, Mathews, McCamant, A-W. McDonald, Montague, R. E. Nelson, W. G. T.
Nelson, Newton, Orgain, Payne, Pitman, Reid, Riddick, Robertson, Robinson, Ruther-
foord, P. Saunders, R. C. Saunders, Shannon, Small, Sherrard, F. G. Taylor, Thrash, Tred-
way, Tyler, Ward, Williams, Woodson, Woolfolk, Wootten and Worsham—66.
Noes—Messrs. Bass, Gofdon, Green and Tate—4.
Ordered, that Mr. Burks carry the same to the senate, and request
their concurrence.
No, 14. An engrossed bill to organize a home guard, was taken
up, on motion of Mr. Anderson of Botetourt., read a third time and
passed..
Ordered, that Mr. Anderson of Botetourt carry the same to the
senate, and request their concurrence.
Mr. Saunders of Campbell called up the resolution heretofore
submitted by him in relation to the anticipated attack by the enemy
upon Richmond. •
Mr. Saunders submitted, by way of amendment to the resolution,
the following:
Resolved by the general assembly, that, the .general assembly has
heard, with the liveliest gratification, that the authorities of the con¬
federate government have determined to hold the city of Richmond,
to the last extremity, against the threatened attack by the enemy's
gun boats; and. the general assembly is firmly impressed with the
wisdom and propriety of such a policy on the part of the govern¬
ment.
Mr. Woodson submitted the following as an amendment to the
amendment:
8
66
journal of tiie
"Whereas it has been manifest to the whole country since the com¬
mencement of the present war with the United States and the estab¬
lishment of Richmond as the capital of the Confederate States, that
the capture of Richmond was the cherished object of the government
of the United States : And whereas the attention of the confederate
government has been heretofore called to the effective obstruction of
the channel of James river, as an important manner of defence
against the enemy; and the state of Virginia, in a spirit of confi¬
dence, has turned over her whole force to the confederate govern¬
ment for the general defence : And whereas doubts have arisen whe¬
ther any sufficient obstruction of the channel of James river has been
made: Therefore,
Be it resolved by the general assembly of Virginia, that if the con¬
federate government has failed or neglected so to obstruct the chan¬
nel of James river, as to prevent access to the city of Richmond by
the gun boats of the enemy, the administration has irretrievably for¬
feited the confidence of the people of this state; and it is the im¬
perative duty of the present administration to resign a trust which it
has shown itself incapable of discharging.
Resolved further, as the opinion of this general assembly, that it
is the highest duty of the government to test the fortune of war upon
the soil of Virginia; that we hereby again tender to the confederate
government all the means of Virginia for the common defence, and
that we will regard the evacuation of« Virginia as a fatal step to the
cause of the south, which we will resist by all the means in our
power. *
Resolved further, that a copy of the foregoing preamble and reso¬
lutions be communicated by the clerk to the president of the Con¬
federate States.
Pending the consideration of which, on motion of Mr. Worsham,
the whole subject was laid on the table.
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate had "agreed to certain
joint resolutions in relation to the defence of the city of Richmond, and
appointing a committee to communicate the same to the president of
the Confederate States: in which they respectfully requested the
concurrence of the Rouse of delegates.
The resolutions were taken up, and are as follows:
Resolved by the general assembly, that the general assembly hereby
express its desire that the capital of the state be defended to the last
extremity, if such defence is in accordance with the views of the
president of the Confederate States, and that the president be assured
that whatever destruction and loss of property of the state or indi¬
viduals shall thereby result, will be cheerfully submitted to.
Resolved, that a committee of two on the part of the senate, and
three on the part of the house, be appointed to communicate the
adoption of the foregoing resolution to the president.
The question being on agreeing to the resolutions, was put, and
decided in the affirmative—Ayes 84.
On motion of* Mr. Bouldin, the vote was recorded as follows:
HOUSE OF DELEGATES.
67
Ayes—Messrs. Sheffey (speaker), J. T. Anderson, Baskervill, Bass, Bayse,.Blue, Booton,
Bouldin, Bradford, Buford, Burks, Carpenter, Cecil, Clarke, Crockett, Dabney, Daniel,
J. D. Davis, R. J. Davis, Dice, Edmunds, Eggleston, Evans, Fletcher, Flood, Forbes,
Franklin, Garrison, Gatewood, Gilmer, Gordon, Grattan, Green, Harrison, Hopkins, Hun¬
ter, Johnson, Jones, Kyle, Laidley, Loekridge, Lundy, Lynn, Magruder, Mallory, Mat¬
thews, McCamant, A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Montague, R.
E. Nelson, W. G. T. Nelson, Newton, Orgain, Payne, Pitman, Prince, Reid, Richardson,
Riddick, Rives, Robertson., Robinson, Rutherfoord, P. Saunders, R. C. Saunders, Shan¬
non, Sberrard, Spady, Steger, Tate, F. G. Taylor, Tredway, Tyler, Walker, Ward, Wil¬
liams, Woodson, Woolfolk, Worsham, Wright and Wynne—84.
Ordered, that Mr. Bouldin inform the senate thereof. *
The Speaker announced the following committee on the part of
the house: Messrs. Bouldin, Newton, and Anderson of Botetourt.
On motion of Mr, Bouldin,
Resolved (with the consent of the senate), that the" injunction of
secrecy be removed from the proceedings in relation to the dufence
of the capital of the state and of the Confederate States.
Ordered, that Mr. Bouldin carry the "same to the senate, and re¬
quest their concurrence.
On motion of Mr. Edmunds,
Resolved by the general assembly,-that the joint resolutions passed
by the general assembly this day, in relation to the defence of the
city of Richmond, be communicated by the committee to the go¬
vernor of the commonwealth and to the mayor of the city.
Ordered, that Mr. BoulDin carry the same to the senate, and re¬
quest their concurrence.
The doors being opened,
The chair was vacated until 8 o'clock P. M.
EVENING SESSION.
A message was received from the senate by Mr. Hart, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to organize a home guard, No. 14; and that they had
passed with amendments a bill to authorize a force of ten thousand
ilien to be raised for the defence of the commonwealth.
The amendments were taken up, on motion of Mr. Edmunds.
Mr. Edmunds moved to disagree to the first amendment proposed
by the senate, as follows: strike out first section, and insert, " that
the governor of this commonwealth be and he is hereby authorized
to raise an army from the military force of this state, not liable to
military duty under an act of congress known as the ' conscript law,'
approved the lGth day of April 1862, and who are not now in service,
by volunteering to the number of ten thousand, to be formed into
two brigades and ten regiments, to be known as the 'Virginia state
troopsthat the said forces are intended."
And the question being on agreeing thereto, was put, and decided
in the affirmative—Ayes 74, noes 5.
On motion of Mr. Edmunds, the vote was recorded as follows:
Ayes—Messrg'. Sheffey (speaker), J. T. Anderson, Bass, Bayse, Blue, Booton, Bouldin,
Bradford, Buford, Burks, Cuzenoye, Cecil, Clarke, Crockett, Dabney, J. D. Davis, R. J.
68
JOURNAL OF THE HOUSE OF DELEGATES.
Davis, Dice, Edmunds, Eggleston, Evans, Ewing, Fletcher, Flood, Forbes, Franklin,
Gatewood, Gilmer, Gordon, Grattan, Harrison, Hopkins, Hunter, Huntt, Johnson,.Jones,
Kyle, Lundy, Lynn, Magrader, Mallory, Mathews, McCamant, A. W. McDonald, I. L.
McDonald, McLaughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Or-
gain, Payne, Pitman, Prince, Reid, Riddick, Rives, Robertson, Rutherfoord, P. Saunders,
Shannon, Small, Steger, Thrash, Tredway, Vermillion, Walker, Williams, Woodson, Wool-
folk, Wootten, Worsbam and Wright—74.
Noes—Messrs. Garrison, Green, Laidley, Sherrard and Tate—5.
The 2d, 3d, 6th and 7th amendments were then disagreed to, and
the .4th and 5th amendments were agreed to.
Mr. Edmunds moved to amend the 8th amendment, by striking
out " or," and inserting " andwhich was agreed to.
The question being on agreeing to the-8th amendment as amended,
was put, and decided in the affirmative—Ayes 70.
Ayes—Messrs. Slieffey (speaker), J. T- Anderson, Baskervill, Bass, Bayse, Blue, Booton,
Bradford, Buford, Burks, Cecil,' Clarke, Crockett, Dabney; J. D. Davis, R. J. Davis, Dice,
Edmunds, Eggleston, Ewing, Fletcher, Flood, Forbes, Garrison, Gatewood, Gilmer, Gor¬
don, Grattan, Green, Harrison, Hopkins, Hunter, Johnson, Jones, Kyle, Laidley, Lundy,
Lynn, Magruder, Mallory, Mathews, McCamant, A. W. McDonald. I. E. .McDonald, Mc¬
Laughlin, Minor, Montague, R. E. Nelson, W. G. T. Nelson, Newton, Orgain, Pitman,
Prince, Reid, Riddick, Rives, Rutherfoord, P. Saunders, Shannon, Small, Sherrard," Tate,
Thrash, Tredway, Vermillion, Walker, Williams, Woolfolk, Wootten and Worsham—70.
The amendment as amended is as follows : " and the governor and
auditor of public accounts are authorized, if necessary, to borrow from
time to time, at .a rate of interest not exceeding six per centum, parts
of said sum of money, or to cause registered stock of the common¬
wealth to be issued and sold at par for the purpose uf raising from
time to time parts of said sum of money; or if the necessary amount
of money should not be so obtained, to cause to be issued treasury
notes of the commonwealth in the manner as provided for in the or¬
dinance'of the convention authorizing the issue of treasury notes,
but without interest."
' A message was received from the senate by Mr. Robertson, who
informed the house of delegates that the senate had passed a resolu¬
tion in relation to the appointment of a committee of safety.
The doors being opened,
On motion of Mr. Harrison, the house adjourned until to-morrow,
10 o'clock.
INDEX
ACTS OF ASSEMBLY.
Resolution as to, 41
Agreed to by senate, 41
ACTS OF.CONFEDERATE CONGRESS.
Resolution for publication of, of a mili¬
tary nature, 13
ADDRESS.
Resolution as to, 34-5
Vote thereon, 35
Reconsidered, and tabled, 36
Resolution concerning, 44
ADJOURNMENT.
Resolution as to, 6
Agreed to by senate, 6
Resolution for, until first Monday in
May, 9
Agreed to by house of delegates, 9
Resolution as to, 14
Motion to take up resolution, 16
Rejected, and vote thereon, , 16
Resolution as to, ' 22
Resolution as to, and proceedings
thereon^ 27-8
Resolution as to, 38
Resolution as to, and vote thereon, 42
Resolution as to, • 49
Passed, and vote thereon, 49
Resolution as to, 50
Resolution for conference as to, 55
Report of committee, 55
Agreed to by both houses, 55
Motion, and vote thereon, 54
Resolution as to, to 1st December, 48
Agreed to, 48
ADMINISTRATIONS.
Resolution concerning, 11-12
Adverse report, 15
APPROPRIATIONS TO INTERNAL
IMPROVEMENT.
Resolution for, 19
Tabled, 19
ARMY OF CONFEDERATE 'STATES.
Resolution as to, 5
ARMY AND NAVY OFFICERS.
Resolution as to, referred, 23
Report of committee, 42
AUDITORS.
Resolution as to accommodations of, 30
Referred, • 30
BANKS.
Resolution as to change of place of
business by, 47
No. 23, bill therefor, 47
Passed, 47
Passed senate, 49
BILLS.
Resolution for return of, to senate, 6
Resolution for return of, from senate, 6
BOARD OF MANUFACTURES.
Resolution for organization of, 32
Resolution as to, agreed to by senate, 35
BOMBARDMENT OF RICHMOND.
Resolution as to poor, &c. in case of, 41
No. 17, bill as to, 41
Passed, 41
Passed senate, 43
. BOOTON, J. K.
Leave of absence granted to, 49
CAUTHORN, H. H. ET ALS.
Petition of, 15
. CERTIFICATES OF STOCK.
S. B. 22, as to tax on, " 31
CLARA ANN.
Message of governor concerning, 11
CLERK OF HOUSE OF DELEGATES.
Vote of thanks to, 59
CLERKS OF SENATE AND HOUSE
OF DELEGATES.
Resolution as to compensation of, 24
Bill therefor, 24
CLERK IN TREASURER'S DEPART¬
MENT.
S. B. 14, as to, 31
CODE.
Resolution to amend, 13
Governor's message as to changes in, re¬
ferred, 13
No. 3, bill to amend 13th section of
chapter 207 of, 15
Passed, 15
No. 4, to amend 5th section of chapter
205, 15
Passed, 15
No. 5, bill to amend 1st section of
# chapter 108, 15
70
INDEX.
Passed, 15
Bills 3, 4 and 5, passed senate, 22
COLLIER, C. F.
Resignation -of, 23
Writ of election, 23
COMMISSIONS.
Resolution as to, 1(1
COMMISSIONERS OF REVENUE.
Resolution as to books of, 19
COMMITTEE OF SAFETY.
Resolution as to, 46
Agreed to, 46
COMPENSATION TO CLERKS, ETC.
Passed, and vote thereon, 34
Passed senate, 37
CONDITION OF THE COUNTRY.
Resolution for joint committee on, 11
Preamble and resolutions concerning, 16-18
Referred, 18
Reported, and agreed to, 18
Passed senate, 22
CONFEDERATE TREASURY NOTES.
Resolution as to, 46-7
Substitute, 50
Amendment, 50
Referred, 51
Resolutions as to, 51
Report, 51
First resolution agreed to, and vote, 51
Amendments to 2d resolution rejected, 51
Motion to lay on table, 52
Rejected, 52
Agreed to, and vote thereon, ' 52
Passed senate witlr amendments, 57
Amendments agreed to, 57
CONSCRIPTION ACT.
Resolutions as to, 12
Substitute for resolutions as to, 20
Tabled, 20
CONSTITUTION.
Resolution as to publication of new, 8
Agreed to by senate, 8
Resolution as to submission of, to people, 53
CORD MEASURE.
S. B. 13, as to, 31
Passed, 1 33
COUNTY COURTS.
Resolution as to jurisdiction of, 11
Adverse report, 15
COUPONS, ETC.
S. B. 21, as to, 31
Resolution to destroy, &c. 33
Bill passed, and vote thereon, 34
Agreed to by senate, 36
CURRENCY OF SMALL NOTES.
Resolution to amend act concerning, 46
No. 22, bill as to, 47
Passed, 47
Passed senate, 49
Resolution as to, 57
No. 29, bill therefor, 57
Passed senate, 58
DEFAULTING COLLECTORS.
No. 21, bill as to; passed, ^8
DEFENCE OF THE STATE.
Resolrrtion as to, 11
Resolution for repeal of act 7th March
1862, 12
No. 13. bill as to, 25
Committee of conference, 39
Report agreed to, 39
Agreed to by senate, 43
Resolution as to change In act as* to, 53
No. 25, bill therefor; passed, 53
Passed senate, 53
No. 13, bill as to, passed, 65
Passed.senate with amendments, 67
Action thereon, 67-8
DEFENCE OF RICHMOND.
Resolution as to, 31
Report of committee, 43, 61-2
Minority report, 62-3
Resolution as to, 65
Substitute, 66
Tabled, 66
Resolution as to defence of, 66
Yote thereon, . 66-7
Injunction of secrecy removed, 67
Resolution communicated to governor
and mayor, 67
DUPUY, JAMES L.
Resolution for relief of, 29
ELECTION LAWS.
Resolution to amend, 19
Adverse report, 36
ENROLLED BILLS.
Report as to, _ 30
Signed by speaker, 58-9
EVIDENCE OF DEBT.
Resolution as to, 49
EXAMINATION OF CRIMINALS.
Resolution as to, 12
EXEMPTION LAWS.
Resolution as to, 12
EXEMPTIONS.
S. B. 25, 'as to, tabled, 55
EXPENSE OF TROOPS.
Resolution as to, 35
EXPRESS FREIGHTS.
Governor's message as to, referred, 14
EXTENSION OF TIME TO COMMIS¬
SIONERS.
Resolution as to; passed senate, 38
INDEX.
71
FARMVILLE WAREHOUSE.
Petition as to, 11
Resolution for recharter of, 11
No. 7, bill therefor, 18
Passed, 29
Passed senate, • 36
FAST DAYS.
Resolution as to, ■ 44, 50
Rejected, 55
FIDUCIARIES.
Resolution as to investments by, 12
Adverse report, 15
FLOYD, GEN. JOHN B.
Resolution for commission to, 15
Resolution for restoration of, 16-17
Proceedings of people of Montgomery
in relation to, . 19
Petition for restoration of, 26-7
FRIEND, C. T.
Resignation of, 21
Writ of election to fill vacancy, » 22
GOVERNOR.
Cotamittee to wait on, 4-5, 10
Message from, 10
HAYMOND, L. D.
Resolution for relief of, . 23
Agreed to, 25
Vote thereon, 25
Resolution for relief of, 52
Agreed to, and vote thereon, 52
HEADS OF FAMILIES.
Preamble and resolutions as to, 6-7
HIRED SLAVES.
Resolution as to, 53
Adverse report, 53
HOME DEFENCE.
Resolution as to, 25
HOME GUARD.
No. 14, bill to organize, 25
Passed, 65
Passed senate, 67
HORSES.
S. B. 10, as to,- taken in service, 32
Rejected, and vote thereon, 44
Reconsidered, 46
Passed, and vote thereon, 47-8
HUME, WILLIAM M.
Resolution for relief of, 20
No. 9, bill therefor, 20
Passed, and vote thereon, 20
IMPRESSMENTS.
Resolution as to, 13
No. 10, bill therefor, 23
Passed, 29
Passed senate, 37
Resolution as to, 40
INSURANCE COMPANIES.
Resolution as to change of place of busi¬
ness by, 28
No. 15, bill therefor, ' 28
Passed, 33
Passed senate, 37
JAMES AND APPOMATTOX RIVERS.
Resolution as to, 55
Resolution as to obstructions, 63
Rejected, and vote thereon, 63
Reconsidered, 63
Substitute, 63
Agreed to, and vote thereon, 64
Resolution passed, 64
JUDGMENT OF COMMONWEALTH.
No. 1, bill concerning, 13
Passed, . 15
Passed senate, 22
JURY SERVICE.
Resolution as to, 56
No. 28, bill as to, 56
Passed, 56
Passed Senate, 57
LESSEES OF SALT WORKS.
Resolution releasing, from contract, 8
LICENSES.
S. B. 16, passed, 40
LICENSES, CHANGE OF.
S. B. 16, authorizing, 31
LICENSE LAWS.
Adverse report, 30
LICENSE TAXES.
S. B. 5, as to volunteers, 31
LIMITATION OF SESSION.
Resolution as to, 7
Resolution from senate, 7
Agreed to, 8
Resolution as to, taken up, 21
Motion to amend, 21
Vote thereon, 21
Amended and agreed to, 21
Agreed to by senate, 30
local Defence.
Resolution as to, 14
LUNATIC ASYLUM AT WILLIAMS¬
BURG.
Resolution as to, 52
Agreed to, 52
MAGRUDER, B. II.
A delegate- from Albemarle, 10
MEMBERS OF GENERAL ASSEMBLY.
Resolution as to seats of, 50
Adverse report, 50
MERCHANTS' LICENSES.
Resolutions as to, 11
72
INDEX.
MILEAGE.
Resolution as to,
Agreed to by senate,
MILITARY FORCES.
Resolution for reorganization of,
No. 16, bill to organize,
Passed,
Passed senate,
RICHMOND AND PETERSBURG.
Resolution for defence of,
S. B. 24, as to defences of,
Passed, and vote thereon,
44
22
38
38
MILITARY NECESSITY.
Resolution for repeal of acts based upon, 12
MILITIA.
Petition of Southampton, 11
MINISTERS OF GOSPEL.
Yote of thanks to, 59
OFFICERS OF HOUSE DELEGATES.
Yote of thanks to, . 59
PARTISAN SERVICE.
Resolution as to, 56
Passed senate, 56
PENITENTIARY.
Resolution as to revolt in, 24
Adverse report as to,' 32
Resolution as to, 39-40
Passed senate, 40
Message from governor as to, 64-5
PLEASURE HORSES.
Resolution as to impressment of, 29
Indefinitely postponed, 29
Report as to, 45
Motion to lay on table, rejected, 45
Vote, 45
Resolution agreed to, 45
Passed senate with amendments; 45
Tabled, • 46
Indefinitely postponed, 47
PRISONERS IN JAIL IN RICHMOND.
Resolution as to, 57
Passed senate, 57
GENERAL ASSEMBLY.
Proclamation convening, . 3,4
PROTECTION OF SLAVES.
Governor's message as to, referred, 15
Report of committee, 20
Resolution as to,' 24
Agreed to, 24
Reconsidered, 24
Tabled, 24
PUBLICATION OF ACTS. *
Resolution as to, 57
RANGERS?. •.
S. B. to amend act concerning, 33
S. B. 18, tabled, 40
Rejected, and vote thereon, 44
RICHMOND.
Resolution to amend charter of, 33
No. 19, bill to amend charter of, 42
Passed, 42
RITCHIE & DUNNAVANT.
Resolution concerning, 20
ROANOKE VALLEY RAIL ROAD.
No. 12, bill passed, and vote thereon, 35-6
Passed senate, ' 36
RULES.
Of last session agreed to, 4
SALARIES.
Resolution concerning, 33
No. 17, bill therefor; passed, 33
Passed senate,' 37
SALT.
Resolution as to purchase of, 11,13
No. §, bill for purchase of, 18
Passed, 19
Resolution as to supply of, 19
Committee appointed, 19
Passed senate, 22
Report and resolution, 25
Agreed to, 25
SALTPETRE, ETC.
Resolution as to, 16
Resolution as to, from-senate, , 30
Resolution amended and passed, 35
Vote thereon, 35
SEAT OF GOVERNMENT.
Resolution as to Change of, 48
No. 24, bill therefor, 48
Passed, 48
SECRECY.
Injunction of, removed, 57
SENTENCE OF DEATH.
No. 2, bill concerning, 15
Passed; 15
Passed senate, 22
SEQUESTRATION.
Resolution as to, from senate, 22
Referred, 23
Adverse report, 30
• SHEFFEY, H. W.
Vote of thanks to, 59
SMALL NOTES.
Resolution as to, 13
No. 8, bill concerning, 18
Passed, • 35
Passed senate, 41
STEGER, JOHN O.
Leave of absence granted to, 56
TAX ON CORPORATIONS.
Report of auditor as to, 14
INDEX.
73
TENANT FOR LIFE OF SLAVES.
Resolution as to, 54
No. 27, bill as to, 54
Passed, 54
TOBACCO.
Resolution for tax on, 13
TREASURY NOTES.
S. B. 19, as to, 31
Passed, 34
UNLICENSED AGENCIES.
Resolution as to, 14
USURPED POWER.
S. B. 11, as to citizens injured by, 31
VACANCIES.
Resolution as to; agreed to, 28
Report of committee, . 36
Indefinitely postponed, 37
Resolution as to, 54
VIRGINIA VOLUNTEERS.
Resolution as to, 8-9
VOLUNTEER COMPANIES.
Preamble and resolutions as to, 9
DOC. No. I.
MESSAGE
OF
THE GOVERNOR OF VIRGINIA,
AND
ACCOMPANYING DOCUMENTS.
RICHMOND:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1S62.
Doc. No. 1.
iii
MESSAGE.
EXECUTIVE DEPARTMENT,
May 5, 1862.
Gentlemen of the Senate
and House oj Delegates:
Since your adjournment, the confederate congress
have passed a conscription bill, which relieves the general assembly,
in a great measure, from the necessity of further legislation in regard
to military matters. This bill divests the state authorities of all
control over the troops of Virginia^ and vests in the confederate go¬
vernment the power to enroll all persons between the ages of eighteen
and thirty-five, organize them, commission the officers, call them into
service, and dispose of them in such manner as they may deem ad¬
visable.
It is my deliberate conviction that this act is unconstitutional;
but taking into consideration the peculiar condition of affairs exist¬
ing at the time of its passage, I forbear to debate the question at
present. When the war is ended, we can discuss these questions,
and so settle them as to preserve the rights of the states. Harmony,
unity and conciliation are indispensable to success now; and I will,
as the executive of the state (protesting against it as an infringement
of state rights), acquiesce in its passage, and respectfully and earnestly
urge upon our people, as I have uniformly done, a prompt and cheer¬
ful response to its requirements. Drive the invader from our soil,
establish the independence of the Southern Confederacy, and then
we can mark clearly and distinctly the line between state and con¬
federate authority.
Since the convention entered into between the Honorable Alexan¬
der H. Stephens and the committee appointed by our late state con¬
vention, was ratified by the two governments, the absolute direction
and exclusive control of our military affairs has been confided to the
iv
Doc. No. 1.
confederate government. The state authorities have had no power
to direct military movements, or in any way to control the disposition
of our troops. This arrangement was deemed necessary to secure
that unity of action which in military matters is regarded by military
men as indispensable to success.
"We have had some reverses recentlyj but instead of discouraging
or dispiriting our people, they should produce exactly the opposite
effect. They should stimulate us to increased efforts, to redoubled
energies, and should arouse throughout the entire Confederacy, a more
determined, uncompromising and unyielding spirit. If every man
will determine that the south shall not be subjugated, the work will
be half accomplished. A people, such as we aret resolved to be free,,
can DLver be reduced to slavery.
There is no occasion with, us for gloom or despondency. If we
trace the history of the American revolution, which eventuated in
our separation from the mother country, and in the establishment of
our independence, and compare it with the revolution in which we
are now engaged, we will find that our successes so far have been
far more striking and brilliant than those which attended our ances¬
tors in the origin of their great struggle. Every consideration of
duty and of patriotism appeals, trumpet tongued, to the southern man
to go in for the war. Every man should be willing to sacrifice pro¬
perty and life, if needs be, for the protection of his fireside and " the
loved ones at home/' arid for the maintenance of his rights and
liberties.
No people ever had more to stimulate them to exertion. We
have a righteous cause—we have a land that is fair and fertile—we
have a climate that is salubrious and mild—we have a lovely and
delightful home, " the seat of liberty with all its sweets." What
more can man ask to inflame his spirit, to arouse his energies, to
stimulate his exertions, and to nerve him for a struggle, that will be
without a parallel in the history of the world, in its glorious results*
present and prospective ?
We have no compromises to make with our ruthless and remorse¬
less enemy. We must teach him a useful and practical lesson. ^ We
must establish a government regulated by liberty and law, which
will recognize the rights of the citizen, personal and social, and
secure the rights of property to all. Compromise would ruin us,.
Doc. No. 1.
v
and we must shun it as we would the pestilence. The northern
people have no well defined ideas of freedom and liberty, or of
justice and right. The government, as administered by Lincoln, has
become an absolute despotism; and even the conservatism of that
section has quietly submitted to the shackles which a heartless
tyrant has riveted upon them. Will they continue to sleep on, and
awake only to find that even the semblance of republican govern¬
ment no longer exists among them.
Our policy must be changed. We must make this a war of in¬
vasion, and we must push it with a zeal and energy equal to that
exhibited by our wily enemy. Maryland must be redeemed. Ac¬
complish this, and the way will be opened to the invasion of the
north; and as we progress, thousands of armed men will arise on
all sides, who will most cheerfully unite their destinies with ours,
and will cordially co-operate in carrying our flag to those sections in
Which it has not yet been seen. We must increase our forces in the
Valley of Virginia. Jackson must be largely reinforced. He,must
have the power to clear out the Valley, and make attacks at points
in the enemy's territory, most likely to inflict upon him the severest
retribution. An invasion of their territory will bring the northern
people to their senses, and will enable them to feel and appreciate
the disadvantages and evils of a war, such as they have so unneces¬
sarily brought upon the country. They must be made to feel these,
before we can hope for a permanent peace, and the*sooner they are
made to feel them, the sooner peace will come.
Let our generals have an adequate force to loosen the tyrant's
grasp upon Maryland, relieve her subjugated people, and enable them
to unite with those whose interests and institutions are identical with
their own. This done, and thousands of her best citizens will at once
ru.sh to the standard of the Southern Confederacy, and will prove
themselves as efficient soldiers as their brethren, now in service in
Virginia, and other states of the Confederacy.
Another result, of not less practical importance, will follow. The
treasonable organization gotten up at Wheeling, will fall. The do¬
minion of the law will be again felt in that part of the state, and
the loyal citizens will again enjoy protection for persons and pro¬
perty. This is a result greatly to be desired, and the policy which
promises its accomplishment, is worthy of a trial.
vi
Doc. No. 1.
Inaugurate an aggressive policy, and with a judicious use of the
means which Providence has intrusted to us, our revolution will be
a success, our connection with the north will be dissolved, and our
government established upon an enduring basis.
We have an important work before us—important to ourselves,
and not less important to posterity. We have a great object in
view—an object which should be cherished by all—the establish¬
ment of liberty and freedom and independence for the south. Our
success will accomplish great results for our own people, and unless
I am greatly deceived, our example will have its influence, sooner or
later, in bringing about the overthrow of the Lincoln despotism.
And finally, we cannot prosecute this war, and support our own
and the army of the enemy within the limits of the Southern Con¬
federacy. We have the means in abundance for the support of our
own army, no matter to what extent it may be increased. We must
invade the enemy's country, and force him to subsist his army at
home, by compelling its withdrawal from our section. Our advent
into Southern Illinois, Indiana and Ohio, will introduce us to a
people whose sympathies are with us, and whq will extend to us aid
and comfort. New Orleans has fallen. This is one of our principal
points for supplies; and this in the hands of-the enemy, a change in
our policy is rendered necessary, and it should be made without
delay. A moment lost now, can never be regained. The past is
gone—wisely improve the present, and the future will be safe.
Judicious rules should be established for the protection and re¬
moval of at least the male slaves from those portions of the state
that are surrendered to the enemy. The labor of the slaves is
needed for many purposes connected with the. operations and move¬
ments of the army, and they could be employed advantageously and
profitably both to the master and to the government. If the male
slaves were withdrawn with the army, the enemy would have no
labor with which to cultivate the land, or which they, could apply to
any other practical use. And besides, if the males were.withdrawn,
the females and the children would most probably remain, as the
labor of these latter would not compensate the enemy for their,
^naintenance.
The loss to the citizens of Virginia in the item of slave property
alone, far exceeds the loss from the destruction of cotton, or any
Doc. No. 1.
yii
other species of property, during the war. Counties in Virginia
have been overrun, containing an aggregate slave population of
80,728, by the late census, and which, at a moderate valuation, is
worth in round numbers, $ 45,000,000. Such a loss should not be
permitted to fall upon a people, if it can by any proper means be
prevented.
If therefore our officers, when there is reason to believe that they
will be compelled to abandon a position, would notify the owners of
slaves to remove them, or report them at camp for the performance
of such service as may be assigned to them, a most severe loss in
this particular property would be avoided.
The war now in progress must be prosecuted with energy and
spirit; but this may be done, and proper attention may at the same
time be given to the development of the abundant and rich resources
of the state. Our material interests are important, and should be
closely looked after.- In. giving proper attention to them, and by fol¬
lowing the example set us by our ancestors of revolutionary history,
we can do much to aid the common cause. We have, scattered
throughout the state, vast deposits of saltpetre, which have been but
partially developed. We have the means within reach, of supplying
the demand for salt, from our salt springs and the seaboard. We
have the means and materials for the manufacture of gunpowder.
We have rich mines of lead, and copper and iron ore, to be found at
various points in the state, and which, if judiciously and energeti¬
cally managed and worked, are capable of supplying the wants of
the Confederacy.
The question then arises, what is necessary to be done to render
all these articles of prime necessity immediately available? In 1775,
1770 and 1777, our forefathers passed ordinances providing for work¬
ing the lead mines in Montgomery and other counties ; for procuring
saltpetre and sulphur, and stimulating the manufacture of gunpow¬
der; for encouraging the manufacture of salt, and designating the
places at which it was to be made; and for encouraging the manu¬
facture of arms and ammunition. The mode adopted was, the pay¬
ment of proper bounties—such, for example, as fifty cents per pound
(bounty) for saltpetre, and sixteen cents per pound for sulphur, when
used iii the manufacture of gunpowder.
The legislation of these periods is deeply interesting, and much of
viii
Doc. No. 1.
it .is applicable to our own times, and miglit with great propriety be
re-enacted. The parallel between the evils complained of at that
day, and those with which we are afflicted now, is most striking and
complete. I regret that I have not the space (without extending
this paper to an unwarrantable length) to quote their denunciations
of extortioners and speculators—by no means a small class at the
present day.
Our railways and their machinery are subjects for serious conside¬
ration. We have neither the material for the reconstruction of the
roads, nor the' mechanical skill for the reconstruction of the ma¬
chinery,. nor can we procure them from abroad under existing cir¬
cumstances. These questions, therefore, address themselves with
unusual force to the consideration of the general assembly.
I recommend that the speed of railway travel shall be regulated
by law, as the only means of preserving our improvements from ab¬
solute and early destruction. High rates of speed tend greatly to
accelerate the wear and tear of both the roadway and machinery.
Passenger trains now pass at the speed of about sixteen miles per
hour, and freight trains at a speed of about twelve miles per hour.
This speed should be reduced to ten miles per hour for passenger
trains, and eight miles per hour for freight trains, unless in cases of
great public necessity. Such an arrangement would prolong the ex¬
istence of both roads and machinery.
I am informed by gentlemen of experience and observation, who
have given great attention to the subject, that the life of an English
or Welsh rail cannot be safely estimated at more than twelve years;
that three-fourths of the rails in Virginia have been laid down at
least eight years, and that nineteen-twentieths of them are of Eng¬
lish or Welsh production, made for sale, and received without inspec¬
tion as to quality. Such is the present evidence of wear in the rails,
that it may be safely affirmed, that if iron could be imported, every
rail road company would be purchasers to the full extent of their
ability to pay, and many would attempt to negotiate on time, such is
the pressing necessity for new rails to 'repair the dilapidated sections
of the roadways. The weight of trains should be diminished, and
all freight with the passenger trains should be prohibited. Immense
quantities of freight are now transported at the speed of passenger
travel, under the name of " express freight," to the great injury of
Doc. No. 1.
ix
the railways, and to the benefit of no one except the stockholders of
the express company.
I recommend, therefore, that these suggestions be reduced to laws,:
so that all rail roads may be placed upon the same footing. The
necessity of legislation is apparent, as we must have uniform laws
with regard to speed on our roads, and uniform laws in regard to ex¬
press freight, to avoid complaint against the roads that may be will¬
ing to adopt the arrangement.
Our rail roads gone, we shall be seriously embarrassed; and I there¬
fore call the attention of the general assembly to the subject, as one
worthy of the most serious consideration and prompt and decided
action.
The report of the adjutant general, presenting abstracts of the
returns of the militia enrolled under the act of February 8th, 1862,
and returns of the active volunteer force, under the act of February
10th, 1862, is herewith presented for the information of the general
assembly. This report contains some suggestions that are worthy of
approval. [Appendix A.]
I call your attention to the defects in the laws relating to exemp¬
tions. If conclusions can be drawn from the reports that have been
made .to the adjutant general, we have but too much reason , to be¬
lieve, that in many instances the law has been grossly abused, and
multitudes have been released from military service who have no
just claim to exemption. The applicants have been allowed to
select the physicians who were to examine them; and it has been
no unusual sight to see the courthouses occupied by physicians re¬
ceiving fees for furnishing certificates of " disability." The certi¬
ficates thus obtained, when presented to the boards, in most instances,
have been taken as sufficient to justify the exemption of the appli¬
cant. These applicants should be re-examined by a disinterested
surgeon, who is not to receive fees, and who should be sworn before
he enters upon the discharge of his. duties. All men capable of
doing so, are equally bound to render military service, and all should
be willing to render it at a time like the present.
I communicate herewith, a report from Brig. Gen. Charles Dim-
mock ; which shows the issues of arms, accoutrements, &c. since the
first day of November last, by the Virginia ordnance department,
ii
X
Doc. No. 1.
The report shows that we have issued thirty-nine pieces of artillery,
six and twelve pounders, and sixteen thousand seven hundred and
seventy-four small arms. [Appendix B.]
On the night of the 21st of April last a mutiny of a very serious
character was attempted by a large number of the prisoners in the
penitentiary, who had, by the means of false keys, released them¬
selves from their cells. So soon as I was informed of the fact, I
directed an investigation to be made; and the report of the superin¬
tendent, accompanied by the evidence taken in pursuance of that
order, is herewith communicated for your consideration. [Appendix
C.]
This attempt, participated in by so large a number of the more
desperate of the prisoners, must have been the result of much con¬
ference and discussion. The keys must have been made in the peni¬
tentiary ; and the fact that the pistols of the interior guard had been
tampered with, and when the mutiny was discovered, were found
unfit for service, shows that there has been the most culpable negli¬
gence. It has been apparent for some time that the discipline has
not been as rigid as it should have been in an institution of this kind.
For some time past the raw material for the several workshops has
been supplied in very limited quantities, and the consequence has
been that the convicts have been idle much of the time.
I communicate also the testimony taken by the officers of the
public guard relating to the same subject. [Appendix D.]
I trust it will be the pleasure of the general assembly to institute
a searching investigation, and to adopt such legislation as will insure
rigid discipline and a better system of management, not only in pro¬
curing supplies, but in conducting the shops. With judicious ma¬
nagement, the institution would pay well—without it, it must remain,
as it has been, a burden upon the state.
The number of convicts now in the institution is very large—as
many as three, and in some instances more, being confined in the same
cell. It is important that the establishment should be enlarged, or
some other mode adopted to secure relief in this respect.
In my message of January 1861 I presented a recommendation on
this subject; which I now respectfully renew:
Doc. No. 1.
xi
"I suggest also that you so amend the criminal laws as to prohibit
any person from being confined in the penitentiary for a shorter
period than three years. It requires at least three years to acquire
a trade j and those who are confined for a shorter period are a burden
to the institution, and an expense to the state. In all such cases, let
some other punishment be substituted. The ends of justice would
be as well accomplished—perhaps better—and the treasury would
be relieved from an onerous and unnecessary burden."
A very large number of convicts are sent to the penitentiary for
short terms; and such labor as we can get from them falls far short of
compensating the state for their support. And besides, I think it
may be very safely affirmed, that a convict who remains in the insti¬
tution too short a term to enable him to acquire a useful trade, is in
a worse condition when discharged than when he entered the prison-
When discharged, they should be able to obtain an honest living, by
prosecuting an honorable trade. If they have no trade, they are
turned out upon the world without the means of making a liveli¬
hood, and they naturally and necessarily relapse into their old habits.
The object of punishment is reformation; and all legislation relating
to offenders and crimes, should" be directed to the accomplishment of
this wise end.
. I recommend the repeal of section twenty-seventh of chapter
forty-four of the Code. This section directs that every canceled
certificate of debt shall remain filed in the treasurer's office. I
recommend also the repeal of section fourth of ordinance number
thirty-five, passed April 30th, 1861. This section requires the trea¬
sury notes, as they.are redeemed by the auditor, to be canceled by
him, and delivered to the treasurer, to be preserved in his office.
Lists of. the notes issued, as well as of those redeemed and canceled,
are required to be kept; and this, it seems to me, accomplishes all
that is necessary. All these evidences of debt and treasury notes
can be destroyed, without prejudice to the interests of individuals or
of the state. These papers are in the way in the treasurer's office,
and the auditor and treasurer should be instructed to destroy them
without delay.
The same recommendation is made as to the treasury notes issued
under the act of 1.856, which are also deposited in the treasurer's
office.
xii
Doc. No. 1.
The Banks of Weston and Manassa—institutions based on state
securities—having failed, the treasurer proceeded under the law to
wind both up. There remain yet outstanding, of the circulation
issued by the Bank of Weston, two thousand eight hundred and fifty
dollars, and of the Bank of Manassa, about five thousand one hun¬
dred and fifty dollars.
I recommend, therefore, that you shall by law authorize the sale
of the stocks now in the treasurer's keeping belonging to these two
institutions, and deposit the proceeds in the treasury for the redemp¬
tion of their circulation. This will operate justly for the note¬
holders, and will adequately protect their interests. • I recommend
also that the treasurer be directed to notify the noteholders to pre¬
sent their notes within twelve months for redemption, or they will
be barred of all participation in the fund realized from the sale of
the stocks belonging to those institutions.
Returns of the election in the judicial circuit to supply the va¬
cancy occasioned by the lamented death of Hon. John Webb Tyler,
have not been received at this department. The only return that
has been received, is herewith transmitted. [Appendix E.] Under
the circumstances, I have had no means of ascertaining the result,
and hence the proclamation required in such cases, has not been
issued. The subject is now brought to the attention of the general
assembly, for such action as may be deemed proper to supply this
vacancy temporarily, until an opportunity shall be afforded for hold¬
ing an election according to law.
The state convention directed the constitution which they had
adopted, to be submitted to a vote of the people. The returns
which have been received at this department from eighty-seven
counties and cities, and from the camps, show that thirteen thousand
two hundred and thirty-three votes' were cast for its ratification, and
thirteen thousand nine hundred and eleven votes against its ratifica¬
tion. Of the remaining counties which were not in the possession
of the enemy at the time the vote was cast, verbal accounts repre¬
sent that a considerable additional vote against the ratification of the
constitution was given, which would increase the majority; but
though steps were taken to obtain the returns, they have not been
received. The majority for its rejection, therefore, is six hundred
and seventy-eight votes. This settles the question of constitutional
reform for the present.
Doc. No. 1.
xiii
I have been informed, and I believe the information reliable, that
the constitution adopted by the traitors who constituted the Wheel¬
ing convention, has been rejected by the people to whom it was di¬
rected to be submitted. A clause providing for gradual emancipa¬
tion was also submitted at the same time, and rejected by the popular
vote. What makes these results the more significant, is the fact,
that all soldiers, no matter whether citizens of Virgihia or not, were
allowed to vote, as I learn; and in spite of this extraordinary pro¬
ceeding, the public judgment was pronounced against both. The
constitution submitted by the state convention, having been rejected,
and the constitution submitted by the Wheeling convention having
also been rejected, all Virginia—Tide Water, Piedmont, Valley and
Trans-A1 leghany—remains under the same constitutional law—re¬
sults upon which we may, I think, with propriety felicitate ourselves
and the people of the whole state.
There is much misunderstanding with regard to the sentiments
and position of our people in western Virginia; and it would be
unpardonable in me to permit this occasion to pass, without vindi¬
cating them in the eyes of my countrymen of the Southern Con¬
federacy. A decided majority of the people of western Virginia
sustained the ordinance of the convention declaring the secession of
Virginia. Several votes have been since taken, under the direction
of the usurped government at Wheeling, and in no single instance
have more than one-third of the voting population been found at the
polls. Let these significant facts go to the world as a vindication of
this people against the unjust imputations that have been made
against their loyalty and fidelity. Northern power has crushed them
for the present; but the day is coming when that section of our
state—rich in mineral resources, fertile in soil, genial in climate, and
abundant in all the cereal productions—will be redeemed and re¬
claimed. The avenging hour draws nigh, when the disloyal, un¬
faithful and traitorous will be made to bow in humble submission to
the majesty of the law, and will rejoice at the opportunity to share
again with us the glorious name of Virginian.
Respectfully,
JOHN LETCHER.