Library of Congress Subject Headings, 21st edition, 1998

Languages Used:

• English

LC Subject Headings:

• Legislation -- Virginia.
• Legislative journals -- Virginia.
• Virginia -- Politics and government -- 1861-1865.
• Virginia -- History -- Civil War, 1861-1865 -- Law and legislation.

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JOURNAL
OF THE
HOUSE OF DELEGATES,
OF THE
STATE OF VIRGINIA,
FOR THE
ADJOURNED SESSION, 1863.

RICHMOND:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1863.

JOURNAL.

WEDNESDAY, JANUARY 7, 1863.

        A quorum appearing, the clerk announced that JAMES L. KEMPER, late the speaker of the house, having resigned his office as delegate from the county of Madison, the office of speaker of the house of delegates was vacant; and that the first business in order was the election of a speaker to supply the vacancy.

        Mr. NEWTON nominated Hugh W. Sheffey of Augusta.

        No other nomination having been made, the roll was called, with the following result:

        For Hugh W. Sheffey--Messrs. Ambers, F. T. Anderson, Baker, Barbour, Bigger, Booton, Bouldin, Bradford, Buford, Cazenove, Crockett, Daniel, Davis, Dunn, Fletcher, Flood, Forbes, Garrison, Gatewood, Gilmer, Green, J. H. Hopkins, H. L. Hopkins, Hunter, Huntt, James, Jones, Kaufman, Laidley, Lively, Lundy, Lynn, Magruder, Mallory, Marye, Mathews, Mayo, McCamant, A. W. McDonald, Murdaugh, R. E. Nelson, Newton, Noland, Pitman, Prince, Reid, Richardson, Riddick, Rives, Robertson, Robinson, Rowan, Rutherfoord, Staples, R. F. Taylor, Thomas, Tomlin, Tredway, Walker, Ward, West, J. L. Wilson, S. Wilson, Woolfolk, Worsham and Wynne--66.

        Mr. Sheffey having received a majority of all the votes cast, was declared duly elected speaker of the house of delegates; and being conducted to the chair by Messrs. NEWTON, and HOPKINS of Petersburg, returned his acknowledgments to the house.

        JOHN L. MARYE, jr., a delegate elected from the county of Spotsylvania, to supply the vacancy created by the resignation of DOUGLAS H. GORDON, and PAULUS POWELL, a delegate elected from the county of Amherst, to supply the vacancy created by the resignation of J. DUDLEY DAVIS, appeared, were qualified, and took their seats.

        The SPEAKER laid before the house the following letter from James W. Montague, second doorkeeper.

CHRISTIANSBURG, January 5, 1863.

To the Speaker of the House of Delegates:

        I hereby tender my resignation as second doorkeeper, with my sincere thanks for the uniform acts of kindness from all the members of the house.

Respectfully,

JAMES W. MONTAGUE.

        On motion of Mr. JAMES,

        Resolved, that the house proceed forthwith to the election of a second doorkeeper.

        Whereupon, Mr. JAMES nominated George W. Wilson, jr., of Botetourt, who was appointed by a unanimous vote.

        On motion of Mr. McCAMANT,

        Resolved, that a committee be appointed to wait upon the governor, and inform him that this house is now organized, and ready to receive any communication he may have to transmit.

        The SPEAKER announced the following committee under the resolution, viz: Messrs. McCamant, Magruder, and Hopkins of Rockingham.

        Subsequently, Mr. McCAMANT, from the committee, reported that they had discharged the duty assigned them, and that the governor would communicate a message to the house immediately.

        The governor's message was then received and read, and on motion of Mr. MALLORY, was laid on the table, and five hundred extra copies ordered to be printed.

        [For message, see Doc. No. 1, appended to this volume.]

        On motion of Mr. HOPKINS of Rockingham,

        Resolved, that the committee for courts of justice enquire into the propriety of so amending the 2d section of the act repealing the fence law of Virginia, passed the 2d day of October 1862, as to include the county of Rockingham in the said 2d section; and also to legalize the action of the county court of Rockingham, taken in pursuance of said act, as if the said county had been included in said act.

        On motion of Mr. WEST,

        Resolved, that the two houses of this general assembly do proceed, on Tuesday the 13th day of the present month, to elect a Confederate States senator, to fill the vacancy caused by the death of the Hon. William Ballard Preston.

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

        Mr. HOPKINS of Petersburg presented the petition of B. P. Todd and others, clerks of courts, praying an increase of compensation.

        Mr. HOPKINS of Petersburg presented the petition of J. H. Smith, commissioner of the revenue for the city of Petersburg, praying an increase of compensation for himself and other commissioners of the revenue.

        Said petitions were ordered to be referred to the committee for courts of justice.

        On motion of Mr. HOPKINS of Petersburg,

        Resolved, that leave be given to bring in a bill to incorporate the Southern female college of the city of Petersburg.

        The SPEAKER announced the following committee under the resolution: Messrs. Hopkins of Petersburg, Reid and Laidley.

        On motion Mr. GATEWOOD,

        Resolved, that the committee on finance be instructed to enquire into the expediency of reporting a bill for the relief of the sureties of John I. Grandstaff, sheriff of Shenandoah county.

        On motion of Mr. REID,

        Resolved, that the committee for courts of justice enquire into the expediency of amending the stay law of this commonwealth, so as to enable creditors to collect debts due them, in the currency of the country.

        On motion of Mr. TREDWAY,

        Resolved, that the committee of propositions and grievances be instructed to bring in a bill to incorporate the Prospect tan yard company in Prince Edward.

        On motion of Mr. MALLORY,

        Resolved that the committee on finance enquire into the expediency of increasing the pay of sheriffs, so as to allow them commission on the increased amount of taxes, from 40 to 60 per cent.

        On motion of Mr. ANDERSON of Rockingham,

        Resolved, that the committee for courts of justice enquire into the expediency of so amending the law as to allow the court of appeals to hold its court at some other place during the war.

        On motion Mr. WEST,

        Resolved, that a committee of seven members be appointed to enquire into the expediency of so limiting the cultivation of tobacco in this commonwealth, by taxation or otherwise, as not to allow any person in any one year to cultivate more than five thousand hills to the hand.

        On motion of Mr. ROBERTSON,

        Resolved, that the committee of roads and internal navigation enquire into the expediency of incorporating the Confederate express company.

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

THURSDAY, JANUARY 8, 1863.

        Prayer by Rev. Dr. Moore of the Presbyterian church.

        The SPEAKER laid before the house a letter from Henry W. Thomas, Esquire, second auditor, enclosing a petition from certain officers of the government, asking for an increase of their salaries, and those of the clerks in their several departments; which, on motion, was referred to the committee on finance.

        J. G. FULTON, a delegate elected from the county of Augusta, to supply a vacancy created by the resignation of WM. M. TATE, and WILLIAM O. FRY, a delegate elected from the county of Madison, to supply the vacancy created by the resignation of JAMES L. KEMPER, appeared, were qualified, and took their seats.

        Mr. McDONALD of Hampshire submitted the following resolution:

        Resolved, that that portion of the governor's message recommending the taxing of extensive and extravagant profits, be referred to the committee on finance; and that they be directed to enquire into the expediency of so amending the act imposing taxes for the support of government, passed March 27, 1862, as to provide for the taxing of net incomes (from whatever source derived), whenever they shall exceed thousand dollars; and of so regulating the tax as that the same shall be increased in proportion as the increase shall exceed thousand dollars, with a view to prevent extortion, speculation

and the accumulation of mammoth fortunes in the hands of parties not in the military service of the state or of the Confederate States, and to distribute the burdens of the war; and the question being on agreeing thereto, Mr. BOULDIN demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.

        On motion of Mr. MAGRUDER,

        Resolved, that the committee on finance be instructed to take into consideration the resolution adopted by the general assembly on the day of May last, declaring that the state should guarantee, in proper proportions, the confederate debt, and that they report, by bill or otherwise, such further legislation as may be deemed necessary for pledging the faith of this state for her fair proportion of the same.

        On motion of Mr. EVANS,

        Resolved, that the committee on military affairs be instructed to enquire into the expediency of providing by law further facilities for transporting clothing and other supplies to the soldiers from their respective counties.

        On motion of Mr. WOOLFOLK,

        Resolved, that so much of the governor's message as relates to the penitentiary, be referred to the joint committee on the penitentiary; and that the said committee be instructed to enquire into the expediency of having the able bodied convicts of the penitentiary put to work on fortifications around the city.

        On motion of Mr. WEST,

        Resolved, that the committee on the cultivation of tobacco be enlarged to thirteen members.

        The SPEAKER announced the committee under the resolution as follows: Messrs. Bouldin, West, Burks, Buford, Mallory, Worsham, Powell, Nelson of Louisa, Taylor of Amelia, Flood. Staples, Lundy and Orgain.

        On motion of Mr. JAMES,

        Resolved, that the committee of roads and internal navigation enquire into the expediency of transferring to the counties in which it is located, the Southwestern turnpike road, extending from Buchanan in Botetourt county, to the Tennessee line.

        On motion of Mr. STAPLES,

        Resolved, that the governor of the commonwealth be requested to furnish this house information as to the number of troops in the Virginia state line; what proportion of the same were liable to the conscript law of the confederate government; and the probable cost of the same to the state, from the time of its organization to the 1st of January 1863.

        On motion of Mr. CROCKETT,

        Resolved, that the committee on banks enquire into the expediency of amending the 58th chapter of the Code of 1860, 1st section, so as to read "that no one shall be elected or appointed a director in any bank in the state, unless he owns at least five shares in the bank in which he is appointed or elected a director."

        On motion of Mr. RUTHERFOORD,

        Resolved, that the committee for courts of justice be instructed to enquire into the expediency of allowing some compensation to the clerk of the hustings court of Richmond city, for his services rendered in felony cases in said court.

        On motion of Mr. PRINCE,

        Resolved, that the committee for courts of justice enquire into the expediency of amending section 11, chapter 200, Code of 1860, so as to increase the punishment for the offences therein prescribed.

        On motion of Mr. RIVES,

        Resolved, that the committee of schools and colleges enquire into the expediency of paying to Peyton A. Tiney a sum of money for the tuition of indigent children.

        Mr. DAVIS presented the petition of J. W. Murrell and others, for relief from assessment; which was ordered to be referred to the committee on finance.

        On motion of Mr. DAVIS,

        Resolved, that the committee on finance enquire into the expediency of exempting from taxation, interest and dividends payable by persons resident in places occupied by the enemy, so that such interest or dividends cannot be collected.

        On motion of Mr. BOULDIN,

        Resolved, that so much of the governor's message as relates to the act of the recent session, entitled an act further to provide for the public defence, be referred to the committee for courts of justice, with instructions to report such amendments to the same as may be deemed necessary.

        On motion of Mr. STAPLES,

        Resolved, that the committee on military affairs enquire into the expediency of reporting a bill for enrolling and organizing into companies, regiments and brigades, all able bodied men of this commonwealth between the ages of 18 and 45, who are exempt from service in the confederate army by the employment of substitutes, or from any other cause. Said force to be subject at all times during the war to the call of the governor.

        On motion of Mr. ANDERSON of Botetourt,

        Resolved, that so much of the governor's message as relates to military subjects, be referred to the committee on military affairs.

        On motion of Mr. BUFORD,

        Resolved, that the committee for courts of justice be instructed to enquire into the expediency of investing the county and corporation courts of the commonwealth with additional powers to procure the means of subsistence for the families of soldiers in the confederate service.

        Mr. HARRISON submitted the following resolution; which being objected to, was laid over under the rule:

        Resolved, that the congress of the Confederate States should have power, in their discretion, to make the notes issued by the Confederate States in time of war, in payment of the expenses thereof, a legal tender in payment of debts, and to that end, that the committee

for courts of justice be instructed to report an amendment of the constitution of the Confederate States, for adoption by the general assembly of Virginia, and to be presented to the other states of the Confederacy.

        Mr. MALLORY offered the following resolutions; which being objected to, were laid over under the rule:

        1. Resolved, by the general assembly of Virginia, that the funding of the public debt will be one of the most effectual means to reduce the amount of our circulating medium, and to secure for our currency the confidence of the people; and that it is the duty as well as the interest of the citizens of the Confederacy to invest their surplus funds in the bonds of the confederate government.

        2. Resolved, that the state of Virginia will agree to guarantee the debt of the confederate government, in proportion to its representation in the congress of the Confederate States: provided, that each of the other Confederate States shall accept this proposition; in which event, these resolutions shall be the guarantee of this state for her proportion of said debt.

        3. Resolved, that our senators be instructed and our representatives in congress be requested to bring this subject to the attention of the approaching session of congress, and urge the adoption of such measures as will carry the object of these resolutions into effect.

        Mr. HOPKINS of Petersburg, from a select committee, presented the following bill:

        No. 37. A bill to incorporate the Southern female college of the city of Petersburg.

        Mr. HOPKINS of Petersburg submitted a substitute to house bill entitled a bill to suppress extortion; which, on his motion, was laid on the table and ordered to be printed.

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

FRIDAY, JANUARY 9, 1863.

        Prayer by Rev. Dr. Moore of the Presbyterian church.

        The following senate bills were read a first and second times, and referred to the committee of privileges and elections:

        No. 16. A senate bill entitled an act with regard to general and special elections of members of congress during the present war.

        No. 14. A senate bill entitled an act to prescribe the mode of filling vacancies in the general assembly of Virginia in certain cases.

        The following senate bill was read a first and second times, and referred to the committee of propositions and grievances:

        No. 12. A senate bill entitled an act to enlarge the powers of the common council of the city of Richmond.

        The SPEAKER laid before the house a communication from the governor, enclosing a letter from the governor of Georgia, accompanied

by a bill and resolution adopted by the legislature of that state, in relation to restricting the cultivation of cotton; which were read, and on motion of Mr. BOULDIN, referred to the special committee on the subject of restricting the cultivation of tobacco.

        Also enclosing a preamble and resolutions adopted by the general assembly of the state of Florida, in relation to the guarantee of the debt of the confederate government by the states; which were read, and on motion of Mr. MAGRUDER, referred to the committee on finance.

        Also enclosing a resolution adopted by the general assembly of the state of Florida, in relation to the present war; which was read, and on motion of Mr. JONES, laid on the table and ordered to be printed. Doc. No. 10.

        On motion of Mr. LYNN,

        Resolved, that the committee on finance enquire into the expediency of releasing the citizens of Prince William county, for the years 1862 and 1863, from taxation: also to provide for the support of women and children whose husbands and sons are in the war, or have been slain in battle.

        Mr. BRADFORD submitted the following resolution; which being objected to, was laid over under the rule:

        Resolved by the general assembly of Virginia, that our representatives in congress be and they are hereby requested to procure the passage of a bill by the confederate congress, providing for the payment of slaves impressed into the service of the Confederate States, and not returned to their owners, by reason of having escaped to or been captured by the public enemy.

        Mr. WILSON of Isle of Wight submitted the following preamble and resolution; which being objected to, were laid over under the rule:

        Whereas the general assembly did, on the 1st day of October 1862, pass an act to provide for the production, distribution and sale of such quantity of salt as would, in the judgment of the governor, be sufficient to supply the people of this commonwealth: and whereas the governor did, by virtue of the authority vested in him as aforesaid, on the 15th of November 1862, issue his proclamation proposing to distribute 150,000 bushels of salt, the amount he has contracted for under the authority vested in him as aforesaid, among certain counties, cities and towns of this commonwealth: and whereas, in the rules and regulations for the sale and distribution of salt, which he has adopted and published along with his said proclamation, there is and has been no provision made for the sale and distribution of salt to the people of the county of Isle of Wight: Therefore,

        Be it resolved by the general assembly, that the governor of this commonwealth be instructed and required to provide for the people of Isle of Wight the just and equitable quota of salt to which they are entitled: the said salt to be delivered to the agent in Petersburg, at the same time and upon the same terms the quotas of salt are delivered, distributed and sold to the citizens of other counties of the second congressional district.

        On motion of Mr. MALLORY, the resolutions submitted by him on yesterday, in relation to funding the public debt, and guaranteeing the debt of the confederate government by the states, were taken up, and referred to the committee on finance.

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

        No. 38. A bill for the relief of the clerk of the hustings court of the city of Richmond.

        Mr. RUTHERFOORD, from the same committee, presented an adverse report to the petition of B. P. Todd and others.

        Also, a report upon the petition of the commissioner of the revenue for Petersburg; asking that the same be referred to the committee on finance; which was concurred in.

        On motion of Mr. BARBOUR,

        Resolved, that leave be given to bring in a bill to modify the act of last session in relation to fences.

        The SPEAKER announced the following committee under the resolution: Messrs. Barbour, Grattan and Fletcher.

        Subsequently, Mr. BARBOUR, from the committee, presented the following bill:

        No. 39. A bill amending and re-enacting the 2d section of an act entitled an act to repeal the fence law of Virginia as to certain counties, and to authorize the county courts to dispense with enclosures in other counties, passed October 3, 1862.

        On motion of Mr. AMBERS,

        Resolved, that the committee on finance be instructed to enquire into the expediency of repealing the 81st section of the tax bill passed March 27th, 1862, so that sheriffs and commissioners of the revenue may receive the compensation allowed prior to the passage of said act.

        On motion of Mr. AMBERS,

        Resolved, that the board of public works be directed to report to the house of delegates in what manner they have performed the duty directed by a joint resolution passed October 6, 1862.

        Mr. CROCKETT presented the petition of W. H. Neighbours; which was ordered to be referred to the committee for courts of justice.

        On motion of Mr. MAGRUDER,

        Resolved, that the committee on military affairs be instructed to enquire into the expediency of reporting a bill subjecting all able bodied men who harbor, conceal or employ deserters, to service in our army, and imposing a fine upon others thus convicted, who are not competent for military duty.

        On motion of Mr. HARRISON, the resolution heretofore submitted by him in relation to making the treasury notes of the Confederate States a legal tender, and to that end looking to an amendment of the constitution of the Confederate States, was taken up.

        Mr. HARRISON moved to amend the resolution, by striking out the entire resolution, and inserting in lieu thereof the following:

        "Resolved, that in the opinion of the general assembly of Virginia, the congress of the Confederate States have the power, and should

at once make the notes issued by the Confederate States a legal tender in payment of debts; and our senators are instructed and our representatives are requested to procure the passage of a law to that effect."

        And the question being on agreeing thereto, Mr. HUNTER moved that the resolution and pending amendment be referred to a select committee of seven members; which was agreed to.

        The SPEAKER announced the following committee under the motion: Messrs. Harrison, Hunter, Anderson of Botetourt, Bouldin, Robertson, Forbes and Burks.

        The SPEAKER announced that the following newly elected members were assigned to committees as follows: Mr. Marye, to the committee on finance and the library; Mr. Powell, to the committee on military affairs and finance; Mr. Fry, to the committee for courts of justice and of claims; and Mr. Fulton, to the committee of roads and internal navigation and on lunatic asylums.

        On motion of Mr. WYNNE,

        Resolved, that a special committee be appointed to enquire into the expediency of amending chapter of the Code of 1849, relating to public health.

        The SPEAKER announced the following committee under the resolution: Messrs. Wynne, Gilmer, Hopkins, Rives and Marye.

        On motion of Mr. BURKS,

        Resolved, that the committee for courts of justice enquire into the expediency of amending the 11th section of the 29th chapter of the Code of Virginia, edition of 1860, in such manner as to confine the exemption therein provided, to actions upon contracts, and to render the said exemption more effectual.

        On motion of Mr. WORSHAM,

        Resolved, that the committee for courts of justice enquire into the expediency of exempting, from seizure or sale under execution, one slave in every family.

        On motion of Mr. BOOTON,

        Resolved, that the committee for courts of justice be instructed to enquire into the propriety of so amending the existing laws of the state, subjecting free negroes to confinement in the penitentiary for certain offences, as to subject them to sale for a term of years or for life.

        On motion of Mr. WILSON,

        Resolved, that the committee for courts of justice enquire into the expediency of so amending chapter 128 of the Code of Virginia of 1860, as to relieve guardians or other persons from the payment of interest or principal due by any guardian or other person acting as guardian, at the end of any year, which ought to have been invested or loaned out, and cannot be except at reduced rates, within a reasonable time, for the benefit of the ward, and which remains in the hands of such guardian or other person.

        No. 27. A bill to suppress extortion, was taken up, on motion of Mr. HOPKINS, and recommitted to the committee on that subject.

        On motion of Mr. HOPKINS, the committee was enlarged by the addition of five members.

        The SPEAKER announced the following gentlemen as added to the committee: Messrs. Rives, Powell, West, Wilson of Isle of Wight, and Rowan.

        The SPEAKER laid before the house a communication from the governor, in response to a resolution of the house as to the strength of the state line, the number subject to conscription, and the expenses attending the same; which was read, and on motion of Mr. ANDERSON of Botetourt, referred to the committee on military affairs.

        Mr. MAGRUDER submitted the following preamble and resolution; and the question being on agreeing thereto, was put, and decided in the affirmative:

        Whereas it has been represented that the slaves impressed for the confederate government, pursuant to the act of the general assembly, passed in October last, are not provided with sufficient and proper food, although that act expressly requires they should be furnished with soldiers' rations:

        Resolved, that the governor be requested to enquire into the facts, and make such representations to the proper officers of the confederate government as will procure prompt and effectual relief.

        On motion of Mr. RIVES,

        Resolved, that so much of the governor's message as relates to the prisoners captured by the Virginia state line, be referred to the committee on military affairs.

        On motion of Mr. MALLORY,

        Resolved, that the committee on finance enquire into the expediency of paying to Charles Turnbull, sheriff of Brunswick county, commissions on the increased amount of taxes.

        On motion of Mr. KAUFMAN,

        Resolved, that so much of the governor's message as relates to free negroes and slaves, be referred to a select committee of five members, with instructions to report by bill or otherwise.

        On motion of Mr. MARYE,

        Resolved, that the committee on finance be instructed to enquire into the expediency of reporting a bill providing for the relief of the inhabitants of the town of Fredericksburg from all state taxes, for the year 1862, upon real property, and upon such slaves and other personalty as may have been abducted or destroyed by the public enemy; and for a like relief to the inhabitants of Spotsylvania county from all such taxes upon personal property so abducted or destroyed.

        Mr. ANDERSON of Rockbridge submitted the following joint resolution:

        Resolved, that a committee of nine on the part of the house, and five on the part of the senate, be appointed to consider the expediency of removing the present session of the legislature from the capital; and the question being on agreeing thereto, was put, and decided in the negative.

        No. 20. An engrossed bill for the relief of the securities of William

Paris, late sheriff of Appomattox, was taken up, read a third time, and on motion of Mr. FLOOD, recommitted to the committee on finance.

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

SATURDAY, JANUARY 10, 1863.

        Prayer by Rev. Dr. Moore of the Presbyterian church.

        The SPEAKER announced the following committee under the resolution adopted on yesterday in reference to free negroes: Messrs. Kaufman, Woolfolk, Riddick, Prince and Shannon.

        The SPEAKER laid before the house a communication from the governor, enclosing a letter from the governor of Alabama, in relation to rail road transportation; and also a resolution adopted by the general assembly of Alabama, on the same subject; which were read, and on motion of Mr. JONES, laid on the table and ordered to be printed. Doc. No. 11.

        On motion of Mr. WEST,

        Resolved, that the committee for courts of justice enquire into the expediency of so amending an act to further provide for the public defence, passed October 31, 1862, as to increase the compensation to owners of slaves employed in the service of the Confederate States, and pay full value for all such slaves as may die while in the service aforesaid, whether through neglect or not, provided they were sound at the time they were received by the confederate authorities.

        On motion of Mr. FLEMING,

        Resolved, that so much of the governor's message as refers to magistrates and other county officers who have taken the oath of allegiance to the United States government, be referred to the committee for courts of justice.

        Mr. BURKS submitted the following preamble and resolution; and the question being on agreeing thereto, was put, and decided in the affirmative:

        Whereas the general assembly, by joint resolution adopted on the 19th day of May 1862, declared "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; and 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 denounced as most effectually affording aid and comfort to the public enemy:" Therefore,

        Resolved, that the special committee appointed to consider the resolution touching the legal tender of confederate notes, enquire into the expediency of punishing, by suitable penalties, any citizen of the commonwealth who shall refuse to receive the treasury notes

of the Confederate States in discharge of any debt or obligation for the payment of money.

        On motion of Mr. MAGRUDER,

        Resolved, that the committee for courts of justice be instructed to enquire into the expediency of reporting a bill so amending the stay law as to afford protection to sureties.

        On motion of Mr. WOOLFOLK,

        Resolved, that the special committee on free negroes be instructed to enquire into the expediency of reporting a bill providing for the speedy or gradual removal or enslavement of the free negro population of this state, and reporting a resolution requesting the other states of this Confederacy to adopt a similar course, thereby relieving the Confederate States of this injurious population.

        A resolution heretofore submitted by Mr. BRADFORD, in reference to the payment for slaves impressed in the service of the Confederate States and not returned, was taken up on his motion, and amended.

        The resolution as amended is as follows:

        "Resolved by the general assembly of Virginia, that our senators in congress be instructed and our representatives be requested to procure the passage of a bill by the confederate congress, providing for the payment of slaves impressed into the service of the Confederate States, and not returned to their owners, by reason of having escaped to or been captured by the public enemy."

        The question being on agreeing thereto, was put, and decided in the affirmative.

        Mr. BOULDIN moved a reconsideration of the vote by which the resolution was adopted; and the question being on agreeing thereto, was put, and decided in the affirmative.

        On motion of Mr. BUFORD, the resolution was referred to the committee for courts of justice.

        On motion of Mr. HOPKINS of Rockingham,

        Resolved, that the committee on banks enquire into the expediency of so amending the charter of the Bank of Rockingham as to allow said bank to increase its contingent fund to 20 per cent.

        A message was received from the senate by Mr. NEWMAN, who informed the house of delegates that the senate had agreed to a resolution requesting the governor to make application to the secretary of war of the Confederate States for passports for members of the general assembly and state officers: in which they respectfully requested the concurrence of the house of delegates.

        A preamble and resolution in relation to the distribution of salt to the people of Isle of Wight, heretofore submitted by Mr. WILSON of Isle of Wight, was taken up on his motion.

        Mr. FORBES moved to amend the resolution, by inserting "Fauquier;" and the question being on agreeing thereto, was put, and decided in the affirmative.

        Mr. VADEN moved to amend the resolution, by inserting "James City." Pending the consideration of which,

        On motion of Mr. FORBES,

        Resolved, that the preamble, resolution and pending amendment be referred to a select committee.

        The SPEAKER announced the following committee under the resolution: Messrs. Wilson of Isle of Wight, Forbes, Noland, Lynn, Vaden and Worsham.

        On motion of Mr. JAMES,

        Resolved, that the committee for courts of justice enquire into the propriety of reporting a bill authorizing attorneys, trustees or executors, who have received or may receive funds belonging to parties who have fallen or may fall within the lines of the enemy, and with whom communication has been or may be cut off, to invest the same in interest bearing certificates of debt of the commonwealth of Virginia, or the Confederate States of America, in the name of the party entitled thereto: also, to authorize resident executors, trustees or fiduciaries to do any act which might be done by them respectively in conjunction with joint or associate executors, trustees or fiduciaries who may be resident within the United States, and that such act shall have the same force and effect as if done by all the parties on whom the power was conferred.

        On motion of Mr. HOPKINS of Petersburg,

        Resolved, that the committee of roads and internal navigation be instructed to enquire into the expediency of increasing the tolls of the Upper Appomattox company, so as to equalize their tolls with other internal improvement companies in the same region of the state.

        On motion of Mr. ROBERTSON,

        Resolved, that the committee on banks enquire into the expediency of so amending the 3d section of the 56th chapter of the Code of 1860, as to prohibit the board of directors of any incorporated company that may purchase or receive shares of its own stock, from having such shares of stock represented in any meeting of its stock-holders.

        On motion of Mr. VADEN,

        Resolved, that the committee for courts of justice enquire into the expediency of repealing so much of the fence law as pertains to the county of James City.

        Mr. BOULDIN, from the select committee in relation to the subject of the cultivation of tobacco, presented the following bill; which was read a first time, and ordered to be read a second time:

        No. 40. A bill to limit the production of tobacco and increase the production of grain.

        Mr. BASKERVILL submitted the following resolution; which, on his motion, was laid on the table:

        Resolved by the general assembly of Virginia, that the senators representing the state of Virginia in the congress of the Confederate States be instructed, and the representatives in the lower house of congress be requested to use every exertion in their power to produce a repeal of the present tariff law of the Confederate States of America, so as to throw open the ports free to the introduction of commodities of every kind from foreign nations.

        Mr. BASKERVILL submitted the following resolution; which being objected to, was laid over under the rule:

        Resolved, that the secretary of the treasury of the Confederate

States be respectfully requested to inform this house of the amount of gross revenue, the costs of collection, and the net revenue derived from customs by the Confederate States since the 1st of August last, when his report was made to the president on the financial condition of the Confederate States.

        On motion of Mr. MCCAMANT, the house adjourned until Monday, 12 o'clock.

MONDAY, JANUARY 12, 1863.

        Prayer by Rev. Dr. Duncan of the Methodist church.

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

IN SENATE, Jan. 10, 1863.

        The senate have agreed to a resolution from the house of delegates for the election of a Confederate States senator.

        A resolution heretofore communicated from the senate, requesting the governor to make application to the secretary of war of the Confederate States for passports for members of the general assembly, &c., was taken up and agreed to.

        Ordered, that the clerk inform the senate thereof.

        S. P. BAILEY, a delegate elected from the county of Fauquier, to supply the vacancy created by the resignation of RICHARDS PAYNE, appeared, was qualified, and took his seat.

        Mr. BARBOUR, from the committee on finance, presented the following bill:

        No. 41. A bill authorizing the branch of the Exchange Bank of Virginia at Richmond to declare a dividend.

        Mr. BARBOUR, from the same committee, to whom had been recommitted bill No. 20, for the relief of the sureties of William Paris, late sheriff of Appomattox, reported the same with an amendment; which was concurred in, and the bill as amended 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 reporting a bill authorizing the qualified voters of this commonwealth, who may be in the military service of the state or of the Confederate States, and the citizens of any county or corporation absent therefrom because of the presence of the public enemy, who would be qualified to vote in such county or corporation, to vote for members of the general assembly, for members of congress, and for a governor, lieutenant governor and attorney general for the state of Virginia, during the present war.

        On motion of Mr. ORGAIN,

        Resolved, that the committee on finance enquire into the expediency of imposing a tax (to be graduated with due reference to equalizing the burdens of the war) on the real and personal estates

of any or all persons exempted from military service under the laws of the Confederacy or of this commonwealth, on account of age, sect or physical inability, upon all who have furnished substitutes, and on the incomes of those by whose agency substitutes have been obtained.

        No. 34. A bill to authorize and require the governor to transfer to the confederate government the army of Virginia, on certain conditions, was taken up and read a first time, and two-thirds concurring, was read a second time; and the question being--Shall the bill be engrossed and read a third time?

        On motion of Mr. GARRISON,

        Resolved, that the bill providing for the transfer of the Virginia state line to the confederate government, be recommitted to the committee on military affairs, with instructions to examine and report: 1st, upon what terms and conditions the confederate government will agree to receive the said forces, and what rank it will give the field and company officers in said line: 2d, whether the rights of any parties, either privates or officers, will be compromised by such transfer; and that said committee report by bill or otherwise, and return to this house the facts upon which its report may be based.

        On motion of Mr. WOOLFOLK,

        Resolved, that the committee on military affairs be instructed to enquire into the expediency of reporting a bill providing for the increase or enlargement of the state line under Major General Floyd.

        The SPEAKER laid before the house a communication from the governor, enclosing communications from A. Dudley, Esquire, president of the York river rail road company, and Major E. Griswold, provost marshal of Richmond city, in relation to disloyal persons, white, free negroes and slaves, who assemble at West Point, the terminus of the York river rail road; which were read, and on motion, referred to the committee on military affairs.

        The SPEAKER laid before the house a communication from the governor, recommending an appropriation by the general assembly to provide hospital accommodations for the sick and wounded soldiers of Virginia who may be beyond the limits of the state; which was read, and on motion, referred to the committee on military affairs.

        On motion of Mr. BOULDIN,

        Resolved, that the committee for courts of justice be instructed to enquire into the expediency of authorizing fiduciaries generally to invest the funds under their control in bonds of the Confederate States.

        A resolution, heretofore submitted by Mr. BASKERVILL, asking certain information from the secretary of the treasury of the Confederate States, in relation to the tariff laws of the Confederate States, and the amount of revenue received from customs, &c., was taken up, and on motion of Mr. HUNTER, laid on the table.

        Mr. RIVES gave notice that he would on to-morrow move to amend the 26th rule of the house as follows:

        Resolved, that the 26th rule of this house be so amended as to authorize the speaker to appoint as one of the standing committees

of this house, "a committee on confederate relations," to consist of not less than nine nor more than fifteen members.

        On motion of Mr. WYNNE,

        Resolved, that the committee of roads and internal 'navigation be instructed to enquire into the expediency of reporting a bill to amend the charter of the Manchester and Petersburg turnpike company.

        No. 27. An engrossed bill changing the time and mode of holding elections in counties and cities of the commonwealth, which have been or may be in possession of the public enemy, was taken up.

        On motion of Mr. HUNTER, the rule was suspended, with a view to reconsider the vote ordering the bill to its engrossment; and the question being--Shall the bill be engrossed and read a third time? on motion of Mr. CAZENOVE, the bill was laid on the table, and made the order of the day for Thursday next at 1 o'clock.

        No. 19. An engrossed bill authorizing the issue of certificates of debt, was taken up and read a third time; and the question being--Shall the bill pass? on motion of Mr. BARBOUR, the bill was laid upon the table.

        An engrossed bill to refund money received for exemption from military duty, was read a third time and passed--Ayes 83.

        AYES--Messrs. Sheffey (speaker), J. T. Anderson, F. T. Anderson, Baker, Barbour, Baskervill, Bass, Bigger, Booton, Bouldin, Bradford, Buford, Burks, Carpenter, Carter, Cazenove, Cecil, Crockett, Custis, Dabney, Dunn. Eggleston, Evans, Ewing, Fleming, Fletcher, Flood, Forbes, Fry, Fulton, Garrison, Gatewood, Grattan, J. H. Hopkins, H. L. Hopkins, Hunter, Huntt, James, Jones, Jordan, Kaufman, Kyle, Laidley, Lively, Lynn, Magruder, Mathews, Mayo, McCamant, A. W. McDonald, I. E. McDonald, McKinney, McLaughlin, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Noland, Orgain, Pitman, Powell, Reid, Richardson, Riddick, Rives, Robertson, Robinson, Rowan, P. Saunders, R. C. Saunders, Shannon, Sherrard, Staples, R. F. Taylor, Thrash, Tredway, Vaden, West, Williams, J. L. Wilson, Woolfolk, Wright and Wynne--83.

        Ordered, that Mr. GRATTAN carry the same to the senate, and request their concurrence therein.

        No. 32. An engrossed bill for the relief of the sergeant of the city of Richmond and the sergeant of the city of Petersburg, was taken up, on motion of Mr. WYNNE, read a third time and passed--Ayes 78, noes 6.

        AYES--Messrs. Sheffey (speaker), J. T. Anderson, F. T. Anderson, Bailey, Baker, Barbour, Baskervill, Bass, Bigger, Booton, Bouldin, Bradford, Carpenter, Carter, Cazenove, Cecil, Clarke, Crockett, Custis, Dabney, Dunn, Eggleston, Evans, Ewing, Fleming, Fletcher, Flood, Forbes, Fry, Fulton, Garrison, Gilmer, Grattan, Green, J. H. Hopkins, H. L. Hopkins, James, Jones, Jordan, Kaufman, Kyle, Laidley, Lynn, Mathews, Mayo, McCamant, A. W. McDonald, I. E. McDonald, McKinney, McLaughlin, Murdaugh, R. E. Nelson, Newton, Noland, Orgain, Powell, Reid, Richardson, Riddick, Rives, Robertson, Robinson, Rowan, P. Saunders, R. C. Saunders, Shannon, Sherrard, Staples, R. F. Taylor, Thrash, Tredway, Vaden, Williams, J. L. Wilson, Woolfolk, Worsham, Wright and Wynne--78.

        NOES--Messrs. Gatewood, Huntt, Johnson, Lively, Pitman and West--6.

        No. 24. A bill to authorize certain classes of citizens to vote out of their counties and corporations during the present war, was taken up, read a second time, and on motion of Mr. CAZENOVE, laid on the table, and made the order of the day for Thursday next at 1 o'clock.

        No. 27. A bill concerning the salaries of certain officers of the government, was taken up, read a second time, and on motion of Mr. BARBOUR, committed to the committee on finance.

        The following bills were read a first time, and ordered to be read a second time:

        No. 37. A bill to incorporate the Southern female college of the city of Petersburg.

        No. 38. A bill for the relief of the clerk of the hustings court of the city of Richmond.

        No. 39. A bill amending and re-enacting the second section of an act entitled an act to repeal the fence law of Virginia as to certain counties, and to authorize the county courts to dispense with enclosures in other counties, passed October 3, 1862.

        No. 41. A bill authorizing the branch of the Exchange Bank at Richmond to declare a dividend.

        An adverse report of the committee for courts of justice to the petition of B. T. Todd and others, was taken up, and on motion of Mr. HOPKINS of Petersburg, laid on the table.

        On motion of Mr. MURDAUGH,

        Resolved, that the special committee to whom was referred the resolution proposing to instruct and require the governor to distribute salt to the citizens of certain counties, be instructed to enquire what further legislation is necessary in order to have furnished to the loyal citizens of those counties and cities which are wholly in possession of the enemy, with the quantity of salt they are entitled to, and report by bill or otherwise.

        On motion of Mr. BASKERVILL,

        Resolved, that the committee of roads and internal navigation be instructed to enquire into the expediency of closing the mortgage on the Roanoke valley rail road.

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

TUESDAY, JANUARY 13, 1863.

        Prayer by Rev. Dr. Duncan of the Methodist church.

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

IN SENATE, Jan. 12, 1863.

        The senate have agreed to a joint resolution concerning arrests of civilians by military authority.

        In which they respectfully request the concurrence of the house of delegates.

        The joint resolution concerning arrests of civilians by military authority, was taken up, and on motion, referred to the committee for courts of justice.

        Mr. HUNTER, from the committee for courts of justice, presented an adverse report to the petition of William H. Neighbours, of Wythe county, praying to be restored to the office of commissioner of the revenue.

        Mr. CARPENTER, from the committee of roads and internal navigation, presented the following bills:

        No. 42. A bill incorporating the Confederate express company.

        No. 43. A 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.

        The resolution heretofore presented by Mr. RIVES, in regard to a change of the 26th rule of this house, was taken up and agreed to.

        Mr. ROBERTSON presented the petition of Henningham C. Harrison et al., for relief, by an increase of allowance for storage of tobacco; which was ordered to be referred to the committee on agriculture and manufactures.

        A message was received from the senate by Mr. PENNYBACKER, who informed the house of delegates that the senate had passed a bill entitled an act to refund money received for exemption from military duty, with amendments: in which they respectfully requested the concurrence of the house of delegates.

        The joint order of the day for the election of Confederate States senator to supply the vacancy created by the death of William Ballard Preston, was taken up and read.

        Mr. DUNN submitted the following resolution:

        Resolved, that (the senate concurring) the execution of the joint order which has for its object the election of a Confederate States senator, be postponed until Tuesday the 20th instant; and the question being on agreeing thereto, was put, and decided in the affirmative--Ayes 58, noes 49.

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

        AYES--Messrs. Sheffey (speaker), J. T. Anderson, F. T. Anderson, Barbour, Baskervill, Bass, Bigger, Carter, Cazenove, Clarke, Coleman, Custis, Davis, Dunn, Edmunds, Ewing, Forbes, Fry, Fulton, Gatewood, Grattan, J. H. Hopkins, H. L. Hopkins, Huntt, James, Kyle, Laidley, Lively, Lockridge, Lundy, Lynn, Magruder, Mayo, McCamant, A. W. McDonald, I. E. McDonald, McLaughlin, Minor, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Noland, Orgain, Pitman, Powell, Richardson, Rowan, R. C. Saunders, Shannon, F. G. Taylor, Thomas, Thrash, Tomlin, Tredway, Walker, Woolfolk, Worsham and Wynne--58.

        NOES--Messrs. Ambers, Bailey, Baker, Booton, Bouldin, Bradford, Buford, Burks, Carpenter, Cecil, Crockett, Dabney, Daniel, Dice, Eggleston, Evans, Fleming, Fletcher, Flood, Garrison, Gilmer, Green, Harrison, Hunter, Johnson, Jones, Jordan, Kaufman, Mallory, Marye, Mathews, McKinney, Prince, Reid, Riddick, Rives, Robertson, Robinson, P. Saunders, Sherrard, Staples, R. F. Taylor, Vaden, Ward, West, Williams, J. L. Wilson, S. M. Wilson and Wright--49.

        Ordered, that Mr. DUNN carry the same 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 disagreed to the resolution.

        Mr. RICHARDSON submitted the following resolution:

        Resolved, that (the senate concurring) the execution of the joint order, which has for its object the election of a Confederate States senator, be postponed to Thursday the 22d instant.

        Mr. WOOLFOLK moved to amend the resolution, by inserting in lieu thereof the following: "that the senate be informed that this

house is now ready on its part to proceed to execute the order of the day, which has for its object the election of a Confederate States senator; and the question being on agreeing thereto, Mr. WALKER demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative--Ayes 64, noes 44.

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

        AYES--Messrs. Ambers, J. T. Anderson, F. T. Anderson, Bailey, Baker, Booton, Bouldin, Bradford, Buford, Burks, Carpenter, Carter, Cecil, Crockett, Dabney, Daniel, Davis, Dice, Eggleston, Evans, Fleming, Fletcher, Flood, Fulton, Gilmer, Green, Harrison, H. L. Hopkins, Hunter, Huntt, Johnson, Jones, Jordan, Kaufman, Lundy, Mallory, Marye, Mathews, A. W. McDonald, McKinney, McLaughlin, Minor, Prince, Reid, Riddick, Rives, Robertson, Robinson, Rutherfoord, P. Saunders, R. C. Saunders, Sherrard, Staples, R. F. Taylor, Tredway, Vaden, Walker, Ward, West, Williams, J. L. Wilson, S. M. Wilson, Woolfolk and Wright--64.

        NOES--Messrs. Sheffey (speaker), Barbour, Baskervill, Bass, Bigger, Cazenove, Clarke, Coleman, Custis, Dunn, Edmunds, Ewing, Forbes, Fry, Gatewood, Grattan, J. H. Hopkins, James, Kyle, Laidley, Lively, Lockridge, Lynn, Magruder, Mayo, McCamant, I. E. McDonald, Murdaugh, R. E. Nelson, W. G. T. Nelson, Newton, Noland, Orgain, Pitman, Powell, Richardson, Rowan, Shannon, F. G. Taylor, Thomas, Thrash, Tomlin, Worsham and Wynne--44.

        The question recurring on agreeing to the resolution as amended, was put, and decided in the affirmative.

        On motion of Mr. BARBOUR, the rule was suspended, with a view of reconsidering the vote by which the resolution as amended was agreed to.

        On motion of Mr. HARRISON, the resolution was laid on the table.

        Mr. BARBOUR submitted the following resolution:

        Resolved, that (the senate consenting) the execution of the joint order which has for its object the election of a Confederate States senator, be postponed until Saturday the 17th instant; and the question being on agreeing thereto, Mr. WEST demanded the previous question; which was sustained by the house; and being put, was decided in the negative--Ayes 46, noes 60.

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

        AYES--Messrs. Sheffey (speaker), J. T. Anderson, Barbour, Baskervill, Bass, Bigger, Buford, Cazenove, Clarke, Coleman, Custis, Daniel, Davis, Dunn, Edmunds, Ewing, Forbes, Fry, Fulton, Gatewood, Grattan, James, Kyle, Laidley, Lively, Lockridge, Magruder, Mayo, McCamant, I. E. McDonald, Murdaugh, R. E. Nelson, W. G. T. Nelson, Noland, Orgain, Pitman, Powell, Richardson, Rowan, Shannon, F. G. Taylor, Thomas, Thrash, Tomlin, Worsham and Wynne--46.

        NOES--Messrs. Ambers, F. T. Anderson, Bailey, Baker, Booton, Bouldin, Bradford, Burks, Carpenter, Carter, Cecil, Crockett, Dabney, Dice, Eggleston, Evans, Fleming, Fletcher, Flood, Garrison, Gilmer, Green, Harrison, H. L. Hopkins, Hunter, Huntt, Johnson, Jones, Jordan, Kaufman, Lundy, Mallory, Marye, Mathews, A. W. McDonald, McKinney, McLaughlin, Minor, Newton, Prince, Reid, Riddick, Rives, Robertson, Robinson, Rutherfoord, P. Saunders, R. C. Saunders, Sherrard, Staples, R. F. Taylor, Tredway, Vaden, Walker, Ward, West, Williams, J. L. Wilson, S. M. Wilson and Wright--60.

        Mr. MCDONALD of Wyoming moved an adjournment; and the question being put, was decided in the negative--Ayes 18, noes 88.

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

        AYES--Messrs. Bailey, Barbour, Bass, Bigger, Clarke, Dunn, Ewing, Fry, Gatewood, Lockridge, I. E. McDonald, Murdaugh, W. G. T. Nelson, Pitman, Richardson, Shannon, Thrash and Wynne--18.

        NOES--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, F. T. Anderson, Baker, Baskervill, Booton, Bouldin, Bradford, Buford, Burks, Carpenter, Carter, Cazenove, Cecil, Crockett, Custis, Dabney, Daniel, Davis, Dice, Edmunds, Eggleston, Evans, Fleming, Fletcher, Flood, Forbes, Fulton, Garrison, Gilmer, Grattan, Green, Harrison, H. L. Hopkins, Hunter, Huntt, James, Johnson, Jones, Jordan, Kaufman, Kyle, Laidley, Lundy,

Lynn, Magruder, Mallory, Marye, Mathews, Mayo, McCamant, A. W. McDonald, McKinney, McLaughlin, Minor, Newton, Noland, Orgain, Powell, Prince, Reid, Riddick, Rives, Robertson, Robinson, Rowan, Rutherfoord, P. Saunders, R. C. Saunders, Sherrard, Staples, F. G. Taylor, R. F. Taylor, Thomas, Tomlin, Tredway, Vaden, Walker, Ward, West, Williams, J. L. Wilson, S. M. Wilson, Woolfolk, Worsham and Wright--88.

        Mr. ANDERSON of Rockbridge nominated William C. Rives of Albemarle.

        Mr. ANDERSON of Botetourt nominated John J. Allen of Botetourt.

        Mr. GREEN nominated Charles W. Russell of Ohio.

        Mr. WYNNE nominated John B. Floyd of Washington.

        Mr. NEWTON submitted the following resolution:

        Resolved, that (the senate consenting) the execution of the joint order, which has for its object the election of a Confederate States senator, be postponed until to-morrow at 12½ o'clock.

        The question being on agreeing thereto, was put, and decided in the affirmative.

        Ordered, that Mr. NEWTON inform the senate thereof.

        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.

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

WEDNESDAY, JANUARY 14, 1863.

        Prayer by Rev. Dr. Duncan of the Methodist church.

        The amendments proposed by the senate to house bill No. 33, entitled an act to refund money received for exemption from military duty, were taken up.

        The first amendment was agreed to.

        On motion of Mr. GRATTAN, the second amendment was disagreed to.

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

        Mr. HOPKINS of Petersburg, from the committee on extortion, to whom had been referred No. 27, a bill to suppress extortion, reported a substitute therefor; which, on his motion, was laid on the table and ordered to be printed.

        The SPEAKER laid before the house a report of the board of public works, in response to a resolution of the house adopted on the 9th instant; which was ordered to be referred to the committee on extortion.

        On motion of Mr. BOOTON,

        Resolved, that the committee on finance be instructed to enquire into the propriety of authorizing the treasurer of this commonwealth to issue notes of a less denomination than one dollar.

        Mr. WYNNE presented a resolution of the city council of the city of Richmond; which, on his motion, was referred to the committee for courts of justice.

        On motion of Mr. HOPKINS of Petersburg,

        Resolved, that the committee on roads and internal navigation enquire into the expediency of converting the interest now due from the South side rail road company to the state, into state stock of the company, or to make such other disposition of the same as may enable said company to change the line of their road, in such manner as is provided in the act of assembly passed January 26, 1862.

        On motion of Mr. MAGRUDER,

        Resolved, that the committee for courts of justice be instructed to enquire into the expediency of reporting a bill amending the 32d section of chapter 158 of the Code, edition of 1860, so as to enlarge the powers of special terms of circuit courts in certain cases.

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

        No. 44. A bill to enlarge the powers of special terms of circuit courts in certain cases; which was read a first time, and two-thirds concurring, read a second time, and ordered to be engrossed and read a third time.

        The SPEAKER laid before the house communications from the governor in relation to passports for the members of the general assembly; which were read, and on motion, laid on the table.

        The SPEAKER laid before the house a communication from the governor, in reponse to a resolution of the house in relation to slaves employed on the fortifications near Richmond, enclosing a letter from Col. Gilmer of the engineer bureau of the Confederate States service; which were read, and on motion, laid on the table.

        The joint order, which had for its object the election of a Confederate States senator, was taken up.

        On motion of Mr. WEST,

        Resolved, that (the senate consenting) the execution of the joint order, which has for its object the election of a Confederate States senator, be postponed until to-morrow at 10 o'clock.

        Ordered, that Mr. FORBES carry the same to the senate, and request their concurrence.

        Subsequently, a message was received from the senate by Mr. NASH, that the senate had agreed to the resolution.

        On motion of Mr. MAGRUDER, the house adjourned until to-morrow, 10 o'clock.

THURSDAY, JANUARY 15, 1863.

        Prayer by Rev. Dr. Duncan of the Methodist church.

        The SPEAKER laid before the house the following communication from H. D. Burruss, sergeant at arms:

King William Co., Va., Jan. 10, 1863.

DEAR SIR:

        I find it impossible to attend the general assembly of Virginia this session: Therefore I must beg most respectfully

to resign the office of sergeant at arms, hoping that you may have a profitable and pleasant session.

        Suffer me to return to you and the honorable members my sincere thanks for past favors.

I remain yours,
Very respectfully,

H. D. BURRUSS. Hon. H. W. Sheffey, Speaker House Delegates.

        Mr. BARBOUR moved to proceed to the election of a sergeant at arms to fill the place made vacant by the resignation of H. D. Burruss; and the question being on agreeing thereto, was put, and decided in the affirmative.

        Mr. BARBOUR nominated Robert W. Burke for the office of sergeant at arms, who was unanimously appointed.

        The office of first doorkeeper having been made vacant by the election of Robert W. Burke sergeant at arms, Mr. BARBOUR moved to fill the vacancy, and thereupon nominated Thomas O. Flint of the county of Culpeper, who was unanimously elected.

        Mr. REID gave notice that on to-morrow he would offer the following addition to the rules of this house:

        "The officers of this house, now acting or hereafter appointed, shall take the following oaths: The oath of fidelity to the commonwealth; the oath of office; the anti-dueling oath, and the oath to support the constitution of the Confederate States."

        On motion of Mr. MAGRUDER,

        Resolved, that the committee of propositions and grievances be instructed to enquire into the expediency of reporting a bill authorizing the county courts to impress or condemn houses and grounds for hospitals.

        The joint order, which had for its object the election of a Confederate States senator, to supply the vacancy created by the death of William Ballard Preston, was taken up.

        Mr. MCCAMANT submitted the following resolution:

        Resolved, that all debate on the pending nominations shall cease in ten minutes.

        Mr. JONES moved to amend the resolution, by striking out "ten" and inserting "five."

        Mr. WOOLFOLK moved to amend the amendment, by striking out "five," and inserting "one;" and the question being on agreeing thereto, was put, and decided in the affirmative.

        The question recurring on the resolution as amended, was put, and decided in the affirmative.

        Ordered, that Mr. ANDERSON of Botetourt inform the senate that the house on its part was ready to proceed to the execution of the joint order of the day, and that William C. Rives of Albemarle, John J. Allen of Botetourt, Charles W. Russell of Ohio, and John B. Floyd of Washington were in nomination before that body.

        Subsequently, a message was received from the senate by Mr.

JOHNSON, who informed the house of delegates that the senate on its part was ready to proceed to the execution of the joint order, and that no other name had been added to the list of nominations.

        The roll was then called, with the following result:

        For William C. Rives--Messrs. Sheffey (speaker), F. T. Anderson, Bailey, Baker. Bouldin, Buford, Burks, Custis, Davis, Dice, Evans, Fulton, Harrison, H. L. Hopkins, Huntt, Jordan, Magruder, Mathews, McKinney, Prince, Riddick, Rives, Robertson, P. Saunders, Staples, F. G. Taylor, Vaden, Walker, Williams and J. L. Wilson--30.

        For John J. Allen--Messrs. Ambers, J. T. Anderson, Bass, Carter, Cazenove, Coleman, Crockett, Dabney, Flood, Forbes, Fry, Garrison, Gilmer, Hunter, James, Jones, Lundy, Mallory, Marye, Mayo, McCamant, Montague, Newton, R. C. Saunders, R. F. Taylor, S. M. Wilson, Woolfolk and Wright--28.

        For Charles W. Russell--Messrs. Bradford, Edmunds, Fleming, Gatewood, Green. Johnson, Kaufman, Laidley, A. W. McDonald, McLaughlin, Murdaugh, Noland, Orgain, Pitman, Robinson, Rutherfoord, Sherrard, Tomlin, Tredway, Ward, West and Worsham--22.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Booton, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, George, J. H. Hopkins, Kyle, Lynn, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash and Wynne--22.

        For Allen T. Caperton--Messrs. Eggleston, Lively, Powell and Rowan--4.

        For Benjamin F. Wysor--Mr. Cecil--1.

        The SPEAKER announced the following committee to meet a corresponding committee on the part of the senate, and count the joint vote: Messrs. Anderson of Rockbridge, Magruder, Prince, Hopkins of Petersburg, Anderson of Botetourt, Forbes; Hunter, Newton, Green, Edmunds, Laidley, Fleming, Wynne, Grattan, Lockridge, Barbour and James.

        Subsequently, a message was received from the senate by Mr. NASH, 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) the further execution of the joint order, which has for its object the election of a Confederate States senator, be postponed until to-morrow at 10 o'clock: in which they respectfully requested the concurrence of the house of delegates.

        Mr. PRINCE moved to disagree to the resolution; and the question being on agreeing thereto, was put, and decided in the negative.

        The SPEAKER thereupon announced the resolution agreed to.

        On motion of Mr. MALLORY, the house adjourned until to-morrow, 10 o'clock.

FRIDAY, JANUARY 16, 1863.

        Prayer by Rev. Dr. Duncan of the Methodist church.

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

IN SENATE, Jan. 15, 1863.

        The senate have passed house bill entitled an act concerning bonds of sheriffs, No. 4, with an amendment.

        In which amendment they respectfully request the concurrence of the house of delegates.

        The amendment was taken up and concurred in.

        Ordered, that the clerk inform the senate thereof.

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

        No. 45. A bill to authorize town councils and county courts to condemn land for hospitals; which was read a first time, and two-thirds concurring, read a second time; and the question being--Shall the bill be engrossed and read a third time? on motion of Mr. REID, the bill was laid on the table.

        Mr. WYNNE presented the petition of William F. Ritchie, public printer, praying relief; which was ordered to be referred to the committee on finance.

        Mr. ANDERSON of Rockbridge presented the petition of citizens of Rockbridge in reference to extortion; which, on motion, was laid upon the table.

        Mr. WOOLFOLK presented the petition of Dr. L. L. Holliday, in reference to the impressment of slaves to work on fortifications; which was, on his motion, referred to the committee for courts of justice.

        On motion of Mr. PRINCE,

        Resolved, that the committee on agriculture and manufactures enquire into the expediency of reporting a bill offering a bounty for the manufacture, in this state, of cotton and woolen cards.

        On motion of Mr. STAPLES,

        Resolved, that the committee on military affairs enquire into, and report to this house, the condition of the Virginia sick and wounded soldiers, the expediency of establishing a state hospital for their benefit, and whether any, and if any, what appropriation is necessary for this purpose; and also for the purchase of clothing and other supplies necessary for the comfort of Virginia soldiers.

        The SPEAKER laid before the house a communication from the governor, stating that R. M. Nimmo, elected penitentiary agent and storekeeper, had failed to qualify, and that a new election was therefore rendered necessary; which was read, and on motion, laid on the table.

        Mr. PRINCE, from the committee appointed to count the joint vote cast for the election of senator in the congress of the Confederate States, reported that the committee had discharged the duty assigned them, and beg leave to report as follows:

• Whole number of votes cast, . . . . . 147
• Necessary to a choice, . . . . . 74
• William C. Rives received . . . . . 41
• John J. Allen received . . . . . 34
• Charles W. Russell received . . . . . 38
• John B. Floyd received . . . . . 28
• Allen T. Caperton received . . . . . 5
• B. F. Wysor received . . . . . 1

        No person having received a majority of all the votes cast, the name of John B. Floyd was dropped under the rule.

        Mr. GRATTAN renominated John B. Floyd.

        Ordered, that Mr. GRATTAN inform the senate thereof.

        There being no election, the roll was again called, with the following result:

        For William C. Rives--Messrs. Sheffey (speaker), F. T. Anderson, Bailey, Baker, Bouldin, Burks, Custis, Davis, Dice, Evans, Fulton, Harrison, H. L. Hopkins, Huntt, Jordan, Magruder, Mathews, McKinney, Prince, Reid, Riddick, Rives, Robertson, P. Saunders, Staples, F. G. Taylor, Vaden, Williams and J. L. Wilson--29.

        For Charles W. Russell--Messrs. Bradford, Edmunds, Fleming, Gatewood, Green, Johnson, Kaufman, Laidley, A. W. McDonald, McLaughlin, Murdaugh, Noland, Orgain, Pitman, Robinson, Rutherfoord, Sherrard, Tomlin, Tredway, Ward, West and Worsham--22.

        For John J. Allen--Messrs. Ambers, J. T. Anderson, Bass, Cazenove, Cecil, Coleman, Crockett, Dabney, Eggleston, Flood, Forbes, Fry, Garrison, Gilmer, Hunter, James, Jones, Lundy, Mallory, Mayo, McCamant, Montague, Newton, Rowan, R. C. Saunders, R. F. Taylor, S. M. Wilson and Wright--28.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Booton, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, George, Grattan, J. H. Hopkins, Kyle, Lively, Lockridge, Lynn, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash, Woolfolk and Wynne--26.

        For Allen T. Caperton--Mr. Powell--1.

        The same committee ascertained the joint vote, and Mr. ANDERSON reported that vote to be:

• Whole number of votes cast, . . . . . 147
• Necessary to a choice, . . . . . 74
• William C. Rives received . . . . . 41
• Charles W. Russell received . . . . . 38
• John J. Allen received . . . . . 34
• John B. Floyd received . . . . . 32
• Scattering . . . . . 2

        No person having received a majority of all the votes cast, the name of John B. Floyd was dropped under the rule.

        Mr. RICHARDSON renominated John B. Floyd.

        Ordered, that Mr. RICHARDSON inform the senate thereof.

        There being no election, the roll was again called, with the following result:

        For William C. Rives--Messrs. Sheffey (speaker), F. T. Anderson, Bailey, Baker, Bouldin, Burks, Custis, Davis, Dice, Evans, Fulton, Harrison, H. L. Hopkins, Huntt, Jordan, Magruder, Mathews, McKinney, Minor, Prince, Reid, Riddick, Rives, Robertson, P. Saunders, Staples, Vaden, Walker and Williams--29.

        For John J. Allen--Messrs. Ambers, J. T. Anderson, Bass, Carter, Cazenove, Cecil, Coleman, Crockett, Dabney, Eggleston, Flood, Forbes, Fry, Garrison, Gilmer, Hunter, James, Jones, Lundy, Mayo, Montague, Newton, R. C. Saunders, R. F. Taylor, S. M. Wilson and Wright--26.

        For Charles W. Russell--Messrs. Booton, Bradford, Edmunds, Fleming, Gatewood, Green, Johnson, Kaufman, Laidley, A. W. McDonald, McLaughlin, Murdaugh, Noland, Orgain, Pitman, Robinson, Rutherfoord, Sherrard, Tomlin, Tredway, Ward, West and Worsham--23.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, George, Grattan, J. H. Hopkins, Kyle, Lively, Lockridge, Lynn, McCamant, I. E. McDonald, W. G. T. Nelson, Richardson, Rowan, Shannon, Thomas, Thrash, Woolfolk and Wynne--27.

        For Allen T. Caperton--Mr. Powell--1.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 148
• Necessary to a choice, . . . . . 75
• William C. Rives received . . . . . 41
• John J. Allen received . . . . . 32
• Charles W. Russell received . . . . . 39

  ---

  Page 28

• John B. Floyd received . . . . . 33
• Allen T. Caperton received . . . . . 1
• W. R. Staples, received . . . . . 1

        No person having received a majority of all the votes cast, the name of John J. Allen was dropped under the rule.

        Mr. MARYE renominated John J. Allen.

        Ordered, that Mr. MARYE inform the senate thereof.

        There being no election, the roll was again called, with the following result:

        For William C. Rives--Messrs. Sheffey (speaker), F. T. Anderson, Bailey, Baker, Bouldin, Burks, Custis, Davis, Dice, Evans, Fulton, Harrison, H. L. Hopkins, Jordan, Magruder, Mathews, McKinney, Minor, Prince, Reid, Riddick, Rives, Robertson, P. Saunders, Staples, Vaden, Walker, Williams and J. L. Wilson--29.

        For John J. Allen--Messrs. Ambers, J. T. Anderson, Bass, Carter, Cazenove, Cecil, Coleman, Crockett, Dabney, Eggleston, Flood, Forbes, Fry, Garrison, Gilmer, Hunter, James, Jones, Lundy, Mallory, Marye, Mayo, Montague, R. E. Nelson, Newton, R. C. Saunders, R. F. Taylor, S. M. Wilson and Wright--29.

        For Charles W. Russell--Messrs. Bradford, Edmunds, Fleming, Gatewood, Green, Johnson, Kaufman, Laidley, A. W. McDonald, McLaughlin, Murdaugh, Noland, Orgain, Pitman, Robinson, Rutherfoord, Sherrard, Tomlin, Tredway, Ward, West and Worsham--22.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Booton, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, George, Grattan, J. H. Hopkins, Huntt, Kyle, Lively, Lockridge, Lynn, McCamant, I. E. McDonald, W. G. T. Nelson, Richardson, Rowan, Shannon, Thomas, Thrash, Woolfolk and Wynne--29.

        For Allen T. Caperton--Mr. Powell--1.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 151
• Necessary to a choice, . . . . . 76
• William C. Rives received . . . . . 41
• John J. Allen received . . . . . 35
• Charles W. Russell received . . . . . 38
• John B. Floyd received . . . . . 35
• Allen T. Caperton received . . . . . 2

        There being no election, and the SPEAKER having announced that of the nominees the two lowest had received an equal number of votes, and neither being dropped under the rule; thereupon Mr. ANDERSON of Botetourt withdrew the name of John J. Allen.

        Mr. FORBES nominated Allen T. Caperton of Monroe.

        Ordered, that Mr. ANDERSON of Botetourt inform the senate that the name of John J. Allen was withdrawn, and that of Allen T. Caperton was added to the list of nominations.

        The roll was again called, with the following result:

        For William C. Rives--Messrs. F. T. Anderson, Bailey, Baker, Bouldin, Burks, Custis, Davis, Dice, Fulton, H. L. Hopkins, Huntt, Jordan, Lundy, Magruder, McKinney, Minor, Prince, Reid, Riddick, Rives, Robertson, P. Saunders, Staples, Vaden, Walker, Williams and J. L. Wilson--27.

        For Charles W. Russell--Messrs. Bass, Bradford, Cazenove, Edmunds, Fleming, Gatewood, Gilmer, Green, Hunter, Johnson, Kaufman, Laidley, Mallory, A. W. McDonald, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Rutherfoord, Sherrard, Tredway, Ward, West and Worsham--26.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Booton, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, Fry, George, Grattan, J. H. Hopkins, James, Kyle, Lockridge, Lynn, McCamant, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash, Woolfolk and Wynne--28.

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, Carter, Cecil, Coleman, Crockett, Dabney, Eggleston, Evans, Flood, Forbes, Garrison, Harrison,

Jones, Lively, Marye, Mathews, Mayo, McLaughlin, Montague, R. E. Nelson, Powell, Rowan, R. C. Saunders, R. F. Taylor, Tomlin and Wright--28.

        For John J. Allen--Mr. S. M. Wilson--1.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 151
• Necessary to a choice, . . . . . 76
• William C. Rives received . . . . . 40
• Charles W. Russell received . . . . . 43
• John B. Floyd received . . . . . 35
• Allen T. Caperton received . . . . . 31
• John J. Allen received . . . . . 2

        There being no election, Mr. FORBES renominated Allen T. Caperton.

        Ordered, that Mr. FORBES inform the senate thereof.

        The roll was again called, with the following result:

        For William C. Rives--Messrs. F. T. Anderson, Bailey, Baker, Bouldin, Custis, Dice, Fulton, H. L. Hopkins, Lundy, Magruder, McKinney, Minor, Prince, Reid, Riddick, Rives, Robertson, Staples, Vaden, Walker, Williams and J. L. Wilson--22.

        For Charles W. Russell--Messrs. Bass, Bradford, Cazenove, Edmunds, Fleming, Gatewood, Gilmer, Green, Hunter, Johnson, Kaufman, Laidley, Mallory, A. W. McDonald, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Sherrard, Tredway, Ward, West and Worsham--25.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Booton, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, Fry, George, Grattan, J. H. Hopkins, Huntt, James, Kyle, Lockridge, Lynn, McCamant, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash, Woolfolk and Wynne--29.

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, Burks, Carter, Cecil, Coleman, Crockett, Dabney, Davis, Eggleston, Evans Flood, Forbes, Garrison, Harrison, Jones, Jordan, Lively, Marye, Mathews, Mayo, McLaughlin, Montague, Powell, Rowan, P. Saunders, R. C. Saunders, R. F. Taylor, Tomlin and Wright--31.

        For John J. Allen--Mr. S. M. Wilson--1.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 149
• Necessary to a choice, . . . . . 75
• William C. Rives received . . . . . 34
• Charles W. Russell received . . . . . 42
• John B. Floyd received . . . . . 36
• Allen T. Caperton received . . . . . 35
• John J. Allen received . . . . . 2

        There being no election, and the name of William C. Rives being dropped under the rule, the roll was again called, with the following result:

        For Charles W. Russell--Messrs. Bass, Bradford, Cazenove, Custis, Edmunds, Fleming, Gatewood, Gilmer, Green, H. L. Hopkins, Hunter, Johnson, Kaufman, Laidley, Lundy, Mallory, A. W. McDonald, Minor, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Sherrard, Tredway, Ward, West, J. L. Wilson and Worsham--30.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Booton, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, Fry, George, Grattan, J. H. Hopkins, James, Kyle, Lockridge, Lynn, McCamant, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash, Woolfolk and Wynne--28.

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, F. T. Anderson, Baker, Bouldin, Buford, Burks, Carter, Cecil, Coleman, Crockett, Davis, Dice, Eggleston, Evans, Flood, Forbes, Fulton, Garrison, Harrison, Huntt, Jones, Jordan, Lively, Mathews, Mayo, McLaughlin, Montague, R. E. Nelson, Powell, Prince, Reid, Rowan, P. Saunders, R. C. Saunders, Staples, R. F. Taylor, Tomlin, Vaden, Williams and Wright--42.

        For William C. Rives--Messrs. Bailey, Magruder, McKinney, Riddick, Rives and Robertson--6.

        For John J. Allen--Mr. S. M. Wilson--1.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported the vote to be:

• Whole number of votes cast, . . . . . 149
• Necessary to a choice, . . . . . 75
• Charles W. Russell received . . . . . 47
• John B. Floyd received . . . . . 35
• Allen T. Caperton received . . . . . 47
• William C. Rives received . . . . . 18
• John J. Allen received . . . . . 1
• Henry A. Wise received . . . . . 1

        There being no election, the name of John B. Floyd was dropped under the rule.

        Mr. WOOLFOLK nominated John J. Allen.

        Mr. LYNN renominated John B. Floyd.

        Ordered, that Mr. WOOLFOLK inform the senate that the name of John J. Allen had been added to the list of nominations, and that John B. Floyd had been renominated.

        A message was received from the senate by Mr. WILEY, who informed the house of delegates that the senate had agreed to the following resolution:

        Resolved, that (the house of delegates consenting) the further execution of the joint order be postponed until to-morrow at 10 1/2 o'clock: in which they respectfully requested the concurrence of the house of delegates.

        Subsequently, a message was received from the senate by Mr. JOHNSON, who informed the house of delegates that the senate requested a return of the message just communicated.

        The request of the senate was concurred in.

        Ordered, that Mr. FORBES inform the senate thereof.

        The roll was again called, with the following result:

        For Charles W. Russell--Messrs. Bass, Booton, Bradford, Cazenove, Custis, Edmunds, Fleming, Gatewood, Green, H. L. Hopkins, Hunter, Johnson, Kaufman, Laidley, Lundy, Mallory, A. W. McDonald, Minor, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Sherrard, Tredway, Ward, West, J. L. Wilson and Worsham--30.

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, Baker, Bouldin, Buford, Burks, Carter, Cecil, Crockett, Dabney, Davis, Dice, Eggleston, Evans, Forbes, Fulton. Harrison, Jones, Jordan, Lively, Marye, Mathews, Mayo, McLaughlin, Powell, Prince, Reid, Rowan, P. Saunders, R. C. Saunders, Staples, Tomlin, Vaden, Williams and Wright--35.

        For John B. Floyd--Messrs. Bailey, Barbour, Baskervill, Bayse, Bigger, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, Fry, George, Grattan, J. H. Hopkins, Huntt, Kyle, Lockridge, Lynn, McCamant, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash and Wynne--27.

        For John J. Allen--Messrs. J. T. Anderson, F. T. Anderson, Coleman, Flood, Garrison, Gilmer, James, Montague, R. E. Nelson, R. F. Taylor, S. M. Wilson and Woolfolk--12.

        For William C. Rives--Messrs. Magruder, McKinney, Riddick, Rives and Robertson--5.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 151
• Necessary to a choice, . . . . . 76
• Charles W. Russell received . . . . . 48

  ---

  Page 31

• Allen T. Caperton received . . . . . 47
• John B. Floyd received . . . . . 33
• John J. Allen received . . . . . 15
• William C. Rives received . . . . . 7

        There being no election, the SPEAKER announced the name of John J. Allen dropped under the rule.

        A message was received from the senate by Mr. JOHNSON, who informed the house of delegates that the senate had agreed to the following resolution:

        Resolved, that (the house of delegates concurring) the further execution of the joint order be postponed until to-morrow at 10½ o'clock.

        The resolution was taken up and concurred in.

        Ordered, that Mr. FORBES inform the senate thereof.

        On motion of Mr. MALLORY, the house adjourned until to-morrow, 10½ o'clock.

SATURDAY, JANUARY 17, 1863.

        Prayer by Rev. Dr. Duncan of the Methodist church.

        No. 45. A bill to authorize town councils and county courts to condemn lands for hospital purposes, was taken up, on motion of Mr. REID, amended, and as amended, read a second time, and ordered to be engrossed and read a third time.

        On motion of Mr. WOOLFOLK,

        Resolved, that a special committee of five be appointed, whose duty it shall be to investigate the charges made in regard to the deficiency in the quantity and quality of the rations furnished to the slaves working on the fortifications near Richmond, as well as to their general treatment, with power to send for witnesses, and report thereon to this house.

        The SPEAKER announced the following committee under the resolution: Messrs. Woolfolk, Magruder, Bass, Walker and Rives.

        Mr. MALLORY submitted the following resolution:

        Resolved, that this house will, with the consent of the senate, proceed, on Tuesday next the 20th instant, to elect a general agent and storekeeper of the penitentiary, to supply the vacancy occasioned by the failure of R. M. Nimmo to qualify as such.

        The question being on agreeing thereto, was put, and decided in the affirmative.

        Ordered, that Mr. MALLORY carry the same to the senate, and respectfully request their concurrence therein.

        No. 44. An engrossed bill to enlarge the powers of special terms of circuit courts, was taken up, on motion of Mr. MAGRUDER, read a third time and passed.

        Ordered, that Mr. MAGRUDER carry the same to the senate, and request their concurrence therein.

        Mr. CECIL presented the petition of William H. Howe, asking that a sum of money be refunded to him; which was ordered to be referred to the committee on finance.

        Mr. TOMLIN submitted the following resolution:

        Resolved, that the committee for courts of justice be instructed to enquire into the expediency of providing protection by law to the people of this commonwealth against impressments of their property by officers of the confederate government.

        Mr. SAUNDERS of Campbell moved to amend the resolution, by striking out all after the word "Resolved," and inserting "that a committee of five be appointed to confer with the secretary of war in regard to impressments, with a view to devise some arrangement that may be more satisfactory to the community and advantageous to the public service, than the present system of arbitrary impressments." Pending the consideration of which, the resolution and amendment were laid on the table.

        The joint order of the day, which had for its object the election of a Confederate States senator to supply the vacancy created by the death of William Ballard Preston, was taken up. The roll was then called, with the following result:

        For Charles W. Russell--Messrs. Bass. Booton, Bradford, Carter, Cazenove, Edmunds, Fleming, Gatewood, Gilmer, Green, H. L. Hopkins, Hunter, Johnson, Kaufman, Laidley, Lundy, Mallory, A. W. McDonald, Minor, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Sherrard, Tredway, Ward, West, J. L. Wilson and Worsham--31.

        For Allen T. Caperton--Messrs. Sheffey (speaker), J. T. Anderson, F. T. Anderson, Baker, Bouldin, Buford, Burks, Cecil, Coleman, Crockett, Dabney, Davis, Eggleston, Evans, Flood, Forbes, Fulton, Garrison, Harrison, Jones, Jordan, Lively, Marye, Mathews, Mayo, McLaughlin, Montague, R. E. Nelson, Powell, Prince, Reid, Rowan, P. Saunders, R. C. Saunders, Staples, R. F. Taylor, Tomlin, Vaden, Walker, Williams and Wright--41.

        For John B. Floyd--Messrs. Bailey, Barbour, Baskervill, Bayse, Bigger, Carpenter, Clarke, Daniel, Dunn, Ewing, Fletcher, Fry, George, Grattan, J. H. Hopkins, Huntt, James, Kyle, Lockridge, Lynn, McCamant, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thrash, Woolfolk and Wynne--28.

        For William C. Rives--Messrs. Magruder, McKinney, Riddick and Robertson--4.

        For Wood Bouldin--Mr. Rives--1.

        The same committee heretofore appointed ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 144
• Necessary to a choice, . . . . . 73
• Charles W. Russell received . . . . . 47
• Allen T. Caperton received . . . . . 57
• John B. Floyd received . . . . . 35
• Scattering, . . . . . 5

        There being no election, the name of John B. Floyd was dropped under the rule:

        Mr. DUNN renominated John B. Floyd.

        Mr. MALLORY nominated William C. Rives.

        Ordered, that Mr. DUNN inform the senate of the renomination of John B. Floyd and the nomination of William C. Rives.

        Mr. ROBERTSON submitted the following resolution:

        Resolved, that each member be limited to five minutes in the discussion of the pending nominations; and the question being on agreeing thereto, Mr. JONES demanded the previous question; which

was sustained by the house; and being put, was decided in the affirmative.

        On motion of Mr. JAMES,

        Resolved, that all debate cease in five minutes.

        The roll was again called, with the following result:

        For Charles W. Russell--Messrs. Bass, Booton, Bradford, Carter, Cazenove, Edmunds, Fleming, Fletcher, Gatewood, Gilmer, Green, Hunter, Johnson, Kaufman, Laidley, Lundy, McCamant, A. W. McDonald, Minor, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Sherrard, Tredway, West, S. M. Wilson and Worsham--30.

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, Bouldin, Burks, Cecil, Coleman, Crockett, Dabney, Davis, Eggleston, Evans, Flood, Forbes, Garrison, Harrison, James, Jones, Jordan, Lively, Marye, Mathews, Mayo, McLaughlin, Montague, Powell, Reid, Rowan, R. F. Taylor, Tomlin and Wright--27.

        For John B. Floyd--Messrs. Barbour, Baskervill, Bayse, Bigger, Carpenter, Clarke, Daniel, Dunn, Ewing, Fry, George, Grattan, J. H. Hopkins, Huntt, Kyle, Lockridge, Lynn, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash and Wynne--24.

        For William C. Rives--Messrs. F. T. Anderson, Bailey, Baker, Buford, Fulton, H. L. Hopkins, Magruder, Mallory, McKinney, R. E. Nelson, Prince, Riddick, Rives, Robertson, P. Saunders, Staples, F. G. Taylor, Vaden, Walker, Ward, Williams and J. L. Wilson--22.

        For John J. Allen--Mr. Woolfolk--1.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 144
• Necessary to a choice, . . . . . 73
• Charles W. Russell received . . . . . 47
• Allen T. Caperton received . . . . . 35
• John B. Floyd received . . . . . 30
• William C. Rives received . . . . . 31
• Scattering, . . . . . 1

        There being no election, the name of John B. Floyd was dropped under the rule.

        Mr. STAPLES nominated Alexander R. Boteler of Jefferson.

        Ordered, that Mr. STAPLES inform the senate thereof.

        The roll was again called, with the following result:

        For Charles W. Russell--Messrs. Baskervill, Bass, Bayse, Bigger, Booton, Bradford, Carter, Cazenove, Edmunds, Fleming, Fletcher, Gatewood, Green, Hunter, Johnson, Kaufman, Kyle, Laidley, Lundy, McCamant, A. W. McDonald, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Sherrard, Thrash, Tredway, Ward, West, S. M. Wilson and Worsham--33.

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, Barbour, Bouldin, Burks, Carpenter, Coleman, Crockett, Dabney, Davis, Eggleston, Evans, Flood, Forbes, Garrison, Harrison, Huntt, James, Jones, Jordan, Lively, Lockridge, Marye, Mathews, Mayo, McLaughlin, Montague, W. G. T. Nelson, Powell, Reid, Rowan, R. C. Saunders, R. F. Taylor, Tomlin and Wright--36.

        For William C. Rives--Messrs. F. T. Anderson, Baker, Buford, Cecil, Fulton, H. L. Hopkins, Magruder, Mallory, McKinney, Minor, Prince, Riddick, Rives, Robertson, P. Saunders, F. G. Taylor, Vaden, Walker, Williams and J. L. Wilson--20.

        For Alexander R. Boteler--Messrs. Bailey, Gilmer, Staples, Woolfolk and Wynne--5.

        For John Letcher--Messrs. Grattan and Thomas--2.

        For John J. Allen--Messrs. Clarke, Fry and Shannon--3.

        For John B. Floyd--Messrs. Dunn, Ewing, George, J. H. Hopkins, I. E. McDonald and Richardson--6.

        The same committee ascertained the joint vote, and Mr. MAGRUDER reported that vote to be:

• Whole number of votes cast, . . . . . 146
• Necessary to a choice, . . . . . 74
• Charles W. Russell received . . . . . 54
• Allen T. Caperton received . . . . . 47

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  Page 34

• William C. Rives received . . . . . 26
• Alexander R. Boteler received . . . . . 6
• Scattering, . . . . . 13

        There being no election, the name of Alexander R. Boteler was dropped under the rule.

        The roll was again called, with the following result:

        For Charles W. Russell--Messrs. Baskervill, Bass, Bayse, Bigger, Booton, Bradford, Carter, Cazenove, Daniel, Edmunds, Fleming, Fletcher, Gatewood, Gilmer, Green, Hunter, Johnson, Kaufman, Kyle, Laidley, Lundy, Lynn, Mallory, McCamant, A. W. McDonald, Minor, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Shannon, Sherrard, Thrash, Tredway, Ward, West, S. M. Wilson and Worsham--40.

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, Baker, Barbour, Bouldin, Buford, Burks, Carpenter, Cecil, Clarke, Coleman, Crockett, Dabney, Davis, Eggleston, Evans, Flood, Forbes, Fulton, Garrison, Harrison, Huntt, James, Jones, Jordan, Lively, Lockridge, Marye, Mathews, Mayo, McKinney, McLaughlin, Montague, R. E. Nelson, W. G. T. Nelson, Powell, Reid, Richardson, Rowan, R. C. Saunders, Staples, R. F. Taylor, Tomlin, Vaden, Walker, Williams, Wright and Wynne--49.

        For William C. Rives--Messrs. F. T. Anderson, George, H. L. Hopkins, Magruder, Prince, Riddick, Rives, Robertson, P. Saunders, F. G. Taylor and J. L. Wilson--11.

        For John J. Allen--Messrs. Fry and Woolfolk--2.

        For John B. Floyd--Messrs. Dunn, Ewing, J. H. Hopkins and I. E. McDonald--4.

        For Hugh W. Sheffey--Mr. Thomas--1.

        For John Letcher--Mr. Grattan--1.

        For A. R. Boteler--Mr. Bailey--1.

        The same committee ascertained the joint vote, and Mr. PRINCE reported that vote to be:

• Whole number of votes cast, . . . . . 151
• Necessary to a choice, . . . . . 76
• Charles W. Russell received . . . . . 62
• Allen T. Caperton received . . . . . 68
• William C. Rives received . . . . . 11
• Scattering, . . . . . 10

        There being no election, the name of William C. Rives was dropped under the rule.

        Mr. DUNN nominated John B. Floyd.

        Ordered, that Mr. DUNN inform the senate thereof.

        The roll was again called, with the following result:

        For Allen T. Caperton--Messrs. Sheffey (speaker), Ambers, J. T. Anderson, F. T. Anderson, Baker, Bouldin, Buford, Burks, Cecil, Coleman, Crockett, Dabney, Davis, Eggleston, Evans, Flood, Forbes, Fulton, Garrison, Harrison, Huntt, James, Jones, Jordan, Lively, Marye, Mathews, Mayo, McKinney, McLaughlin, Montague, R. E. Nelson, Powell, Prince, Reid, Riddick, Rowan, P. Saunders, R. C. Saunders, Staples, R. F. Taylor, Tomlin, Vaden, Walker, Williams and Wright--46.

        For Charles W. Russell--Messrs. Bass, Booton, Bradford, Carter, Cazenove, Edmunds, Fleming, Fletcher, Gatewood, Gilmer, Green, H. L. Hopkins, Hunter, Johnson, Kaufman, Kyle, Laidley, Lundy, Mallory, McCamant, A. W. McDonald, Minor, Murdaugh, Newton, Noland, Orgain, Pitman, Robinson, Sherrard, Tredway, Ward, West, J. L. Wilson, S. M. Wilson, Woolfolk and Worsham--36.

        For John B. Floyd--Messrs. Bailey, Barbour, Baskervill, Bayse, Bigger, Carpenter, Clarke, Daniel, Dunn, Ewing, Fry, George, Grattan, J. H. Hopkins, Lockridge, Lynn, I. E. McDonald, W. G. T. Nelson, Richardson, Shannon, Thomas, Thrash and Wynne--23.

        For William C. Rives--Messrs. Rives and Robertson--2.

        The same committee ascertained the joint vote, and Mr. ANDERSON of Rockbridge reported that vote to be:

• Whole number of votes cast, . . . . . 149
• Necessary to a choice, . . . . . 75
• Allen T. Caperton received . . . . . 64
• Charles W. Russell received . . . . . 54

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• John B. Floyd received . . . . . 29
• Scattering, . . . . . 2

        There being no election, the name of John B. Floyd was dropped under the rule.

        The roll was then called, with the following result:

        For Allen T. Caperto