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(title page) Journal of the House of Delegates of the State of Virginia, for the Extra Session, 1861.
Virginia. General Assembly. House of Delegates.
321, i-lv p.
Richmond
William F. Ritchie, Public Printer
1861
Call number 2356 Conf (Rare Book Collection, University of North Carolina at Chapel Hill)
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Revision History:
A majority of the members appearing, the SPEAKER called the house to order at 12 o'clock.
Prayer was offered by Rev. Mr. Duncan of the Methodist church.
The proclamation of the governor convening the general assembly, was read as follows:
Whereas, by the constitution of this commonwealth, the governor is invested with the authority to convene the general assembly, "when in his opinion the interests of the commonwealth require it:"
And whereas, at the last session of the legislature, a large amount of the public business was left in an unfinished condition, for want of time to complete the same: and whereas since that time a contract has been entered into by the James river and Kanawha company, for the sale of its entire line of improvement, with all its franchises and immunities, including the large interest held therein by the commonwealth, and with stipulations for the completion of the entire work, and it is necessary that the contract, if approved, should be ratified by the general assembly, to give validity and force to the agreement so made:
And whereas, by the appointment of electors, a majority of whom are known to be favorable to the election of sectional candidates as president and vice-president of the United States, whose principles and views are believed by a large portion of the southern states to be in direct hostility to their constitutional rights and interest, and in consequence thereof, great excitement prevails in the public mind, and prudence requires that the representatives of the people of this commonwealth should take into consideration the condition of public affairs, and determine calmly and wisely what action is necessary in this emergency:
Therefore, I, John Letcher, governor, by virtue of the authority aforesaid, do hereby require the senators and delegates of the two houses of the general assembly of the commonwealth to convene at the capitol in the city of Richmond, on Monday the 7th day of January, A. D. 1861, at 12 o'clock, to legislate upon such subjects as they may deem necessary and proper.
Given under my hand as governor, and under the seal of the commonwealth at Richmond, on the 15th day of November 1860, and in the 85th year of the commonwealth.
(Signed) JOHN LETCHER.
By the Governor:
(Signed) GEO. W. MUNFORD,
Secretary of the Commonwealth.
On motion of Mr. HAYMOND, a committee, consisting of Messrs. Haymond, Tomlin and Reid, were appointed to wait on the governor, and inform him that the house being now organized, was ready to receive any communication which he might be pleased to transmit; and subsequently Mr. HAYMOND reported that they had performed the duty assigned them, and that the governor would make a communication to the general assembly at once.
The message of the governor was then presented by the SPEAKER, and was read.
[For message, see Doc. No. 1, appended to this volume.]
On motion of Mr. BOREMAN, the message was laid on the table, and fifteen hundred extra copies ordered to be printed.
Mr. BASSEL submitted the following joint resolution:
Resolved, by the general assembly of Virginia, that the Union being formed by the assent of the states respectively, and being consistent only with freedom and the republican institutions guaranteed to each, cannot and ought not to be maintained by force.
That the government of the Union has no power to declare or make war against any of the states which have been its constituent members.
That any effort by that government to coerce any state to reunion or submission, whether under the claim of enforcing the laws against citizens or otherwise, should and will be esteemed by Virginia, from community of interests and relations, as war on her likewise, to be resisted to the utmost of her means and power.
Mr. ROBERTSON moved as a substitute for the foregoing resolution, that so much of the governor's message as refers to the coercion of a state by the government of the United States, be referred to a committee of fifteen, with instructions to report immediately; and the question being on agreeing thereto, was put, and decided in the affirmative.
Mr. ROBERTSON, Mr. HOFFMAN and Mr. WILSON severally submitted resolutions; which were ordered to be referred to said committee.
The SPEAKER announced the committee as follows: Messrs. Robertson, Bassel, Yerby, Seddon, Hopkins, Chapman, Martin, Wood, Anderson, Cowan, Duckwall, Ball, Grattan, Welch and Carter.
On motion of Mr. KEMPER,
Resolved, that a committee of fifteen be appointed, with instructions to report, at the earliest practicable time, a bill, providing for a convention of the people of Virginia.
On motion of Mr. ANDERSON,
Resolved, that so much of the governor's message as relates to the James river and Kanawha company, be referred to the committee of roads and internal navigation, with instructions to enquire into the expediency of incorporating the Virginia canal company, upon the basis of the executory agreement entered into by Messrs. Bellot des Minières, Brothers and Company with the said James river and Kanawha company on the first day of September 1860.
On motion of Mr. JONES of Gloucester,
Resolved, that leave be given to withdraw from the files, engrossed bill 133, and all other engrossed bills, whether reported from the house or senate, reported from the committee on finance, and not acted upon by the house; and that they be referred to the committee on finance.
On motion of Mr. MYERS,
Resolved, that the committee on banks enquire into the expediency of amending the charter of the Bank of Richmond.
On motion of Mr. FROST,
Resolved, that the committee on finance be instructed to enquire into the expediency of reporting a bill for the relief of the securities of Joshua H. Staats, late sheriff of Jackson county.
On motion of Mr. CHRISTIAN,
Resolved, that the committee of roads and internal navigation enquire into the expediency of authorizing the speedy construction of a rail road from the state arsenal at Lexington to some point on the Central rail road.
On motion of Mr. RIDDICK,
Resolved, that the committee of roads and internal navigation enquire into the expediency of authorizing the Norfolk and Petersburg rail road to construct a branch of their road.
On motion of Mr. MONTAGUE,
Resolved, that the committee on finance enquire into the expediency of amending the 25th section of the act of last session, entitled an act imposing taxes for the support of government, passed March 31, 1860, so as to authorize persons resident of this state engaged as colporteurs in selling Bibles, religious publications, tracts, &c. to be exempted from the operation of said act.
On motion of Mr. LUCAS,
Resolved, that leave be given to withdraw from the files of this house, bill 160 of the last session, and the petition pertaining thereto, for the relief of Enoch Atkins; and that the same be referred to the committee of claims.
On motion of Mr. KEEN,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill for the enactment of a stay law.
On motion of Mr. JONES of Gloucester,
Resolved, that the committee of propositions and grievances enquire into the expediency of amending the act passed April 6, 1858, regulating foreign insurance companies within this commonwealth, so as to require some security for the payment of their policies.
On motion of Mr. KEEN,
Resolved, that the committee on banks enquire into the expediency of legalizing the suspension of the banks of the commonwealth.
On motion of Mr. JONES of Appomattox,
Resolved, that leave be granted to withdraw from the files of the house, the petition of Thomas B. Paulett; and that the same be referred to the committee on finance.
On motion of Mr. ALDERSON,
Resolved, that the committee of roads and internal navigation enquire into the expediency of authorizing the Little Kanawha navigation company to extend their improvement to the falls of the Little Kanawha in the county of Braxton.
On motion of Mr. MILLER of Shenandoah,
Resolved, that the committee on finance enquire into the expediency of reporting a bill for the relief of John J. Grandstaff, late sheriff of the county of Shenandoah.
On motion of Mr. SAUNDERS,
Resolved, that the petition of the council of the city of Richmond, for the extension of the corporate limits of said city, together with the plan of extension and accompanying papers, be referred to the committee of propositions and grievances.
Mr. SAUNDERS presented a paper connected with the foregoing resolution; which was ordered to be referred to the committee of propositions and grievances.
Mr. GILMER of Pittsylvania, presented the petition of the officers of company A, 101st regiment Virginia militia, praying reimbursement for money expended by them in the purchase of accoutrements; which was ordered to be referred to the committee on military affairs.
On motion of Mr. CASSIN,
Resolved, that leave be granted to withdraw house bill 228 from the files of this house, and that the same be referred to the committee on claims.
On motion of Mr. KNOTTS,
Resolved, that the committee of roads and internal navigation be instructed to enquire into the expediency of incorporating a company to construct a turnpike road from the Three forks of Sandy, Roane county, to Arnoldsburg in Calhoun county.
Mr. CHRISTIAN presented the petition of the trustees of Alleghany college, for a loan from the Literary fund to repair the recent loss by fire; which was ordered to be referred to the committee of schools and colleges.
On motion of Mr. LEFTWICH,
Resolved, that house engrossed bill 120 be withdrawn from the files, and referred to the committee of roads and internal navigation.
On motion of Mr. LOCKRIDGE,
Resolved, that the committee of roads and internal navigation enquire into the expediency of changing the eastern terminus of the Slavin's cabin and Summersville turnpike road.
On motion of Mr. NEWTON,
Resolved, that the committee on finance enquire into the expediency of reporting a bill to release John H. Taliaferro the title of the commonwealth to 556¼ acres of land in the county of Hanover, improperly sold for taxes.
On motion of Mr. LOCKE,
Resolved, that the committee on finance enquire into the expediency of refunding to James W. Campbell, late sheriff of the county of Jefferson, a portion of his commission forfeited by failure to pay into the treasury state revenue according to law.
On motion of Mr. WARD,
Resolved, that the committee on banks enquire into the expediency of repealing sections 28, 29, 30, 31 and 32 of chapter 58 of the Code of Virginia, 1860.
On motion of Mr. SMITH of Kanawha,
Resolved, that the committee for courts of justice enquire into the expediency of amending so much of chapter 47 of the Code of Virginia for 1860 as applies to the formation of new counties.
On motion of Mr. MILLER of Lee,
Resolved, that the committee on finance enquire into the expediency of refunding to the securities of John H. Allen, late sheriff of Lee county, an amount of money paid by them into the treasury.
On motion of Mr. GRAHAM,
Resolved, that leave be given to withdraw from the files of the house, bill 51 of last session, and have the same referred to the committee of propositions and grievances.
On motion of Mr. HOLDWAY,
Resolved, that bill 174 be withdrawn from the files of the house and referred to the committee of roads and internal navigation.
On motion of Mr. JONES of Appomattox,
Resolved, that leave be granted to withdraw from the files of the house, the petition of Nathan H. Hancock and others, and that the same be referred to the committee on finance.
On motion of Mr. ALDERSON,
Resolved, that house bill 358 be withdrawn from the files, and referred to the committee of roads and internal navigation.
On motion of Mr. MONG,
Resolved, that the committee of propositions and grievances enquire into the expediency of incorporating the Berkeley border guards volunteer company.
On motion of Mr. GIBSON of Jefferson,
Resolved, that the committee of propositions and grievances enquire into the expediency of reimbursing Edward McKabe for losses sustained in consequence of being shot in repelling the John Brown invaders.
On motion of Mr. BOREMAN,
Resolved, that the committee of propositions and grievances enquire into the expediency of authorizing the election of an additional constable in the courthouse district of the county of Wood.
Mr. KAUFMAN presented the petition of citizens of the Valley of
Virginia, asking the junction of the Winchester and Potomac rail road with the Manassas gap rail road; which was ordered to be referred to the committee of roads and internal navigation.
Mr. CRANE presented the petition of the 107th regiment of Virginia militia; which was ordered to be referred to the committee on military affairs.
Mr. PORTER presented the memorial of the Holliday's cove turnpike company, asking amendments of their charter; which was ordered to be referred to the committee of roads and internal navigation.
Mr. CASSIN presented the petition of Alfred J. Bear and others, asking to be relieved from the payment of a suretyship; which was ordered to be referred to the committee on finance.
On motion of Mr. BASKERVILL,
Resolved, that the committee on finance enquire into the expediency of granting relief to the securities of W. H. Blanch, late sheriff of Mecklenburg, by refunding a sum of money.
On motion of Mr. CASSIN,
Resolved, that the committee on finance enquire into the expediency of reporting a bill refunding to Benjamin Cunningham certain taxes improperly paid by him to the commonwealth.
On motion of Mr. KNOTTS,
Resolved, that the committee of roads and internal navigation enquire into the expediency of increasing the capital stock of the Gilmer and Ritchie turnpike company.
On motion of Mr. SHANNON,
Resolved, that the committee on finance be instructed to report a bill to release James V. Thomas from the payment of a fine.
On motion of Mr. SAUNDERS,
Resolved, that the committee for courts of justice enquire into the expediency of amending the charter of the city of Richmond.
On motion of Mr. MONTAGUE,
Resolved, that the committee of schools and colleges enquire into the expediency of incorporating Montgomery female college in the county of Montgomery.
On motion of Mr. RICHARDSON,
Resolved, that the committee on finance enquire into the expediency of so amending the bill passed at the last session, entitled a bill to provide for the assessment on persons and property, so as to exempt from assessments incomes and other salaries.
On motion of Mr. WATSON,
Resolved, that leave be given to withdraw from the files of the house of last session, bill 272, and that the same be referred to the committee of propositions and grievances.
On motion of Mr. ALDERSON,
Resolved, that the committee on finance enquire into the expediency of releasing the securities of Winston Shelton, sheriff of Nicholas county, from the payment of damages.
On motion of Mr. KEMPER, the chair was vacated until 5 o'clock P. M.
Mr. CHRISTIAN moved a suspension of the rules, with a view to reconsider the vote of the house by which the resolution providing for a committee to report a bill for the call of a convention was adopted; and the question being on agreeing thereto, was put and decided in the negative.
On motion of Mr. KEMPER, the vote was recorded as follows:
AYES--Messrs. Alderson, Boreman, Brown, Burks, Cassin, Christian, Crane, Dickenson, Ferguson, Ferrill, Fleming, Frost, C. H. Gilmer, Hackley, Holdway, Keen, Lockridge, Matthews, D. Miller, Morris, Myers, Patterson, Porter, Reid, Richardson, Segar, Staples, Thompson and Watts--31.
NOES--Messrs. Crutchfield (speaker), Anderson, Baskervill, Bentley, Boisseau, Booker, Carpenter, Childs, Claiborne, Collier, Crump, Evans, Friend, D. Gibson, J. T. Gibson, J. Gilmer, Graham, Hanly, Haymond, Huntt, Hunter, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Knotts, Leftwich, Lucas, Lynn, Magruder, Mallory, T. Martin, McDowell, McGehee, McGruder, McKinney, McKenzie, Miles, J. R. Miller, Mong, Montague, Nelson, Newton, Orgain, Phelps, Preston, Pretlow, Randolph, Riddick, Robinson, Rives, Rutherfoord, Saunders, Scott, Shannon, Sibert, J. K. Smith, I. N. Smith, Thomas, Tomlin, Tyler, Wallace, Ward, A. Watson, West, Wilson, Witten and Woolfolk--71.
On motion of Mr. KEEN,
Resolved, that the committee on military affairs enquire into the expediency of providing by law for the availability of the appropriation made at last session for the arming of the state, and of an appropriation thereto not exceeding ten millions of dollars.
On motion of Mr. GIBSON of Jefferson,
Resolved, that that part of the governor's message recommending an amendment to section 11th of chapter 212 of the Code, be referred to the committee for courts of justice.
On motion of Mr. WOOLFOLK,
Resolved, that leave be granted to withdraw from the files of the house, senate bill 125 of the last session, and that the same be referred to the committee of privileges and elections.
On motion of Mr. CASSIN,
Resolved, that the committee on finance enquire into the expediency of reporting a bill refunding to Samuel A. McMechen and John G. Harness certain taxes erroneously paid by them to the commonwealth.
Mr. YERBY presented the memorial of Thos. C. Bunting and others, asking to be released from a forfeited recognizance; which was ordered to be referred to the committee on finance.
Mr. ROBERTSON, from the committee to whom was referred so much of the governor's message as relates to the coercion of a state by the general government, presented the following resolutions:
Resolved by the general assembly of Virginia, that the Union being formed by the assent of the sovereign states respectively, and being consistent only with freedom and the republican institutions guaranteed to each, cannot and ought not to be maintained by force.
That the government of the Union has no power to declare or make war against any of the states which have been its constituent members.
Resolved, that when any one or more of the states has determined or shall determine, under existing circumstances, to withdraw from the Union, we are unalterably opposed to any attempt on the part of the federal government to coerce the same into reunion or submission, and that we will resist the same by all the means in our power.
Mr. WATTS moved that the resolutions be laid on the table and printed; and the question being on agreeing thereto, Mr. COWAN demanded the previous question; which was sustained by the house; and being put, was decided in the negative.
The question being on agreeing to the resolutions, Mr. McDOWELL demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.
On motion of Mr. SEDDON, the vote was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Alderson, Anderson, Ball, Baskervill, Bassel, Bell, Bentley, Bisbie, Boisseau, Booker, Brown, Burks, Carpenter, Carter, Cassin, Chapman, Childs, Christian, Claiborne, Collier, Cowan, Crane, Crump, Dickenson, Duckwall, Evans, Ferguson, Fleming, Friend, Frost, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Hanly, Harrison, Haymond, Hackley, Hoffman, Holdway, Hopkins, Huntt, Hunter, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Knotts, Leftwich, Locke, Lockridge, Lucas, Lynn, Magruder, Mallory, T. Martin, W. Martin, Matthews, McDowell, McGehee, McGruder, McKinney, Miles, D. Miller, J. R. Miller, Mong, Montague, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Preston, Pretlow, Randolph, Reid, Riddick, Robertson, Robinson, Rives, Rutherfoord, Saunders, Scott, Seddon, Segar, Shannon, Sibert, J. K. Smith, I. N. Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, A. Watson, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby--112.
NOES--Messrs. Boreman, Morris, Porter, Richardson and Watts--5.
On motion of Mr. FROST, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Mr. Duncan of the Methodist church.
The SPEAKER announced the following committee under the resolution of the house adopted on yesterday, in reference to the call of a state convention: Messrs. Kemper, Haymond, Barbour, Chapman, Rutherfoord, Christian, Gibson of Hampshire, Jones of Gloucester, Carpenter, Davis, Hoffman, Kyle, Baskervill, Frost and Wilson.
Mr. KEMPER moved that the committee have leave to sit during the session of the house; and the question being on agreeing thereto, Mr. JONES of Gloucester demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.
On motion of Mr. SEDDON, the vote was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Barbour, Baskervill, Bass, Bassel, Bell, Bentley, Boisseau, Booker, Brown, Carpenter, Carter, Chapman, Childs, Claiborne, Coleman, Collier, Cowan, Crane, Crump, Davis, Duckwall, Evans, Ferguson, Ferrill, Friend, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Haymond, Hackley, Hoffman, Hopkins, Huntt, Hunter, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Knotts, Kyle, Leftwich, Locke, Lucas, Lundy, Lynn, Magruder, Mallory, T. Martin, W. Martin, McDowell, McGehee, McGruder, McKinney, Miles, D. Miller, J. R. Miller, Mong, Montague, Morgan, Nelson, Newton, Orgain, Preston, Pritchard, Randolph, Riddick, Robinson, Rives, Rutherfoord,
Saunders, Scott, Seddon, Segar, Shannon, Sibert, J. K. Smith, Thomas, Tomlin, Tyler, Wallace, Ward, A. Watson, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby--101.
NOES--Messrs. Alderson, Ball, Boreman, Burks, Cassin, Christian, Dickenson, Fleming, Frost, D. Gibson, Holdway, Keen, Lockridge, Massie, Matthews, McKenzie, Morris, Myers, Patterson, Phelps, Porter, Pretlow, Reid, Richardson, Robertson, I. N. Smith, Staples, Thompson and Watts--29.
On motion of Mr. RIVES, Mr. Barbour (at his own request) was excused from further service on the committee on finance.
On motion of Mr. HAYMOND,
Resolved, that the committee on military affairs be instructed to enquire into the propriety of building an arsenal for the deposit of arms at some suitable point in the northwestern portion of this state, and have leave to report by bill or otherwise.
On motion of Mr. JONES of Gloucester,
Resolved, that the committee on finance be instructed to enquire into the expediency of providing by law for raising an adequate amount of money for military purposes and for purposes of state defence.
On motion of Mr. RICHARDSON,
Resolved, that leave be granted to withdraw from the files of the last session of the house of delegates, senate bill 204, and that the same be referred to the committee on finance.
On motion of Mr. BOOKER,
Resolved, that the committee on military affairs enquire into the expediency of dividing the state into twelve divisions, and that the brigades comprising the old divisions be so rearranged as to conform to the new divisions.
On motion of Mr. MATTHEWS,
Resolved, that the committee on finance be instructed to enquire into the propriety of refunding to James Scott of Greenbrier county a sum of money improperly assessed on account of delinquent land tax.
On motion of Mr. ROBERTSON,
Resolved, that the committee on banks enquire into the expediency of incorporating the Home savings bank of the city of Richmond.
On motion of Mr. MAGRUDER,
Resolved, that the committee of propositions and grievances enquire into the expediency of amending the 4th section of the act incorporating the Jefferson insurance company.
On motion of Mr. MORRIS,
Resolved, that leave be given to withdraw from the files of the house, bill 386, and that the same be referred to the committee of propositions and grievances.
On motion of Mr. HUNTT,
Resolved, that leave be granted to withdraw from the files of the house, senate bill 100 of the last session, for the relief of Hiram Brower, and that the same be referred to the committee on military affairs.
Mr. CHILDS presented the proceedings of a public meeting in the county of Fauquier; which were ordered to be laid on the table.
On motion of Mr. CHRISTIAN,
Resolved, that the committee of claims enquire into the expediency of authorizing the auditor of public accounts to pay the amount of a claim of J. A. Waddell for advertising militia orders.
On motion of Mr. DUCKWALL,
Resolved, that leave be given to withdraw from the files of the house, the petition of Henry Willard in reference to an erroneous assessment of the property of Benjamin and Isaac Deford in the county of Morgan; also bill 132 on the same subject; and that the same be referred to the committee on finance.
On motion of Mr. KEEN,
Resolved, that the committee on military affairs enquire into the expediency of establishing an arsenal in the town of Danville.
The SPEAKER laid before the house a communication from the governor, enclosing the credentials of the Hon. A. F. Hopkins and F. M. Gilmer, jr. Esq., commissioners from the state of Alabama; which on motion of Mr. GIBSON of Jefferson, were laid upon the table and ordered to be printed. Doc. No. 8.
Mr. SEDDON submitted the following joint resolution; and the question being on agreeing thereto, was put and decided in the affirmative.
Resolved by the general assembly, that a committee of five on the part of the house and three on the part of the senate, be appointed to receive and confer with the commissioners from the sovereign state of Alabama, and ascertain at what time it will suit their convenience to address the general assembly.
The SPEAKER announced the following committee on the part of the house: Messrs. Seddon, Anderson, Hopkins, Bassel and Lundy.
Ordered, that Mr. SEDDON carry the same to the senate, and request their concurrence.
The SPEAKER laid before the house a communication from the president of the board of commissioners to audit and pay expenses of the invasion of the state; which, on motion of Mr. COWAN, was laid on the table and ordered to be printed. Doc. No. 9.
On motion of MARTIN of Henry,
Resolved, that the committee of roads and internal navigation enquire into the propriety of amending an act passed at the last session of the legislature, limiting the common stem of the extension of the Richmond and Danville rail road, and the North Carolina Coalfield rail road, to ten miles, and report by bill or otherwise.
Mr. CRANE presented the petition of Matthew Wormley, praying to be refunded a sum of money improperly paid in the year 1857-8; which was ordered to be referred to the committee on finance.
On motion of Mr. BASKERVILL,
Resolved, that the committee of propositions and grievances enquire into the expediency of granting to B. W. Love and Isaac Burnett, free persons of color, the privilege of enslaving themselves, without compensation to the state.
Mr. WARD presented the petition of Wm. Dunlap and others, for
the incorporation of the Capon springs company; which was ordered to be referred to the committee of propositions and grievances.
Mr. BISBIE submitted the following preamble and resolutions, which, on his motion, were laid on the table:
Whereas, the immense coast line of Virginia is necessarily unprotected against the incursion of an armed enemy or marauders, by which every portion of our territories bordering on the ocean, rivers and harbors of the commonwealth, are liable to danger and devastation: And whereas both the political and financial condition of the state requires that the promptest, most efficient and most economical system of coast defence should be adopted: And whereas the other manifest duties of the committee on military affairs preclude that full examination of this subject which its vast importance demands: Therefore,
Resolved, that a special committee of seven be appointed by the SPEAKER for the purpose of examining into and reporting upon:
1st--The points more especially requiring fortifications; and the promptest and most economical mode of construction.
2nd--Whether the merchant marine of the state does not contain elements of a defence, which, at a small expense, could be made a most efficient and valuable defence to the coast, rivers and harbors of the commonwealth; and report the same to this house for action.
On motion of Mr. KEEN,
Resolved, that the committee on military affairs enquire into the expediency of establishing an arsenal in the town of Danville.
On motion of Mr. WEST,
Resolved, that the committee on military affairs be instructed to enquire into the propriety of providing by law for the equitable distribution of public arms in the various sections of this commonwealth.
On motion of Mr. MONTAGUE,
Resolved, that leave be given to withdraw from the files of this house, bill 61 of the last session, and that the same be referred to the committee of claims.
On motion of Mr. McGRUDER,
Resolved, that the committee on finance enquire into the expediency of refunding to John Lester a certain sum of money paid by him on account of an erroneous assessment of his property in the county of Henrico, and of correcting the assessment thereof.
On motion of Mr. GIBSON of Jefferson,
Resolved, that the committee of claims enquire into the expediency of reporting a bill for the payment of a certain account of P. A. Entler, for services rendered the state.
Mr. ANDERSON presented a preamble and resolutions, adopted by the people of Botetourt in a public meeting held on the 10th of December 1860; which were read.
Mr. SEDDON moved that the preamble and resolutions be entered upon the journal. Pending the consideration of which, a motion to adjourn having been made and withdrawn,
Mr. MAGRUDER submitted the following resolutions; and the question
being on agreeing thereto, was put, and the resolutions unanimously adopted.
1. Resolved, that the house of delegates of Viriginia have received, with deep sensibility and regret, intelligence of the death of their late fellow member, William Garth of Albemarle.
2. Resolved, that the officers and members of this house will wear the usual badge of mourning for 30 days as a testimony of the profound respect entertained for the deceased.
3. Resolved, that the clerk of this house be requested to forward a copy of these resolutions to the family of the late William Garth, Esq.
Mr. CRUMP submitted the following resolutions; and the question being on agreeing thereto, was put, and the resolutions were unanimously adopted:
1. Resolved, that this house have learned with regret that since the last session death has removed from our midst our late fellow member, D. P. Taylor of Nottoway.
2. Resolved, that we tender to his family our profound sympathy in their affliction, and as a mark of respect for his memory, will wear the usual badge of mourning for 30 days.
3. Resolved, that as a further mark of respect, this house will now adjourn.
Ordered, that the house be adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Mr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as follows:
The senate has agreed to a resolution for the appointment of a joint committee to consider what measures should be adopted by the general assembly of Virginia in the present condition of affairs.
In which they respectfully request the concurrence of the house of delegates.
The joint resolution communicated from the senate, was taken up and agreed to.
Mr. MAGRUDER, from the committee of propositions and grievances, presented the following bill:
No. 1. A bill to amend the 4th section of an act incorporating the Jefferson insurance company.
Mr. CHAPMAN, from the committee of roads and internal navigation, presented the following bills:
No. 2. A bill for the construction of a branch of the Central rail road to Lexington.
No. 3. A bill to change the eastern terminus of the Slavin's cabin and Summerville turnpike.
No. 4. A bill making an appropriation for improving the Wilderness road in Greenbrier and Nicholas counties.
No. 5. A bill to amend the charter of the Winchester and Potomac rail road company.
The SPEAKER appointed the following members to fill vacancies upon the standing committees:
Committee for courts of justice, Mr. Staples; on military affairs, Messrs. Crump and Burks; of claims, Mr. Sherrard; on finance, Mr. Wood; on the armory, Messrs. Morgan and Preston; on library, Mr. Nelson; on lunatic asylums, Mr. Booker; of privileges and elections, Messrs. Staples and Jett; to examine the first auditor's office, Mr. Booker; to examine the clerk's office, Mr. Nelson; to examine the second auditor's office, Mr. Jett.
Mr. KEMPER, from the special committee upon the call of a convention, presented the following bill:
No. 6. A bill to provide for electing members of a convention, and to convene the same; which on his motion, was read the first time.
Mr. KEMPER moved that the bill be read a second time this day; and the question being on agreeing thereto, Mr. WOOLFOLK demanded the previous question; which was sustained by the house; and being put, two-thirds concurring, was decided in the affirmative.
On motion of Mr. KEMPER, the vote was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Anderson, Arnold, Bailey, Ball, Ballard, Barbour, Baskervill, Bass, Bassel, Bell, Bentley, Bisbie, Boisseau, Booker, Caperton, Carpenter, Carter, Chapman, Childs, Claiborne, Coleman, Cowan, Crane, Crump, Davis, Duckwall, Edwards, Evans, Ferguson, Fleming, Friend, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycootz, Graham, Grattan, Hanly, Haymond, Hackley, Hopkins, Hunter, James, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, Mallory, T. Martin, W. Martin, Matthews, McDowell, McGehee, McGruder, McKinney, Miles, D. Miller, J. R. Miller, Mong, Montague, Montgomery, Morgan, Nelson, Newton, Orgain, Preston, Pretlow, Pritchard, Randolph, Richardson, Riddick, Robertson, Robinson, Rives, Rutherfoord, Saunders, Scott, Seddon, Shannon, Sibert, J. K. Smith, Staples, Thomas, Tomlin, Tyler, Wallace, Ward, Welch, West, Wilson, Witten, Wood, Woolfolk and Yerby--109.
NOES--Messrs. Alderson, Boreman, Brown, Burks, Cassin, Christian, Collier, Dickenson, Edgington, Ferrill, Frost, Harrison, Holdway, Huntt, Jett, Massie, McKenzie, Morris, Myers, Patterson, Phelps, Porter, Reid, Segar, Sherrard, I. N. Smith, Thompson, Walker, A. Watson and Watts--30.
Mr. JONES of Appomattox moved to amend the bill in the first section, so as to provide for holding the election of members of the convention on the "4th" instead of the "7th" of February 1861; and the question being on agreeing thereto, Mr. ROBERTSON demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.
On motion of Mr. JONES of Appomattox, the roll was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Anderson, Bailey, Barbour, Baskervill, Bass, Bassel, Bell, Bisbie, Boisseau, Caperton, Carpenter, Carter, Chapman, Childs, Claiborne, Coleman, Davis, Duckwall, Edwards, Evans, Ferguson, Friend, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Hanly, Huntt, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Leftwich, Lundy, Lynn, Mallory, T. Martin, McDowell, McGehee, McGruder, Miles, J. R. Miller, Mong, Montague, Montgomery, Morgan, Nelson, Newton, Orgain, Riddick, Robinson, Rives, Rutherfoord, Saunders, Seddon, Shannon, Sibert, Thomas, Tomlin, Tyler, Ward, Wilson, Witten and Woolfolk--71.
NOES--Messrs. Alderson, Arnold, Ball, Ballard, Bentley, Booker, Boreman, Burks, Cassin, Christian, Collier, Cowan, Crane, Crump, Dickenson, Edgington, Ferrill, Fleming, Frost, D. Gibson, Goodycoontz, Haymond, Hackley, Hoffman, Holdway, Hopkins, Jett, Johnson, Keen, Knotts, Locke, Lockridge, Lucas, Magruder, W. Martin, Massie, Matthews, McKinney, McKenzie, D. Miller, Morris, Myers, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Robertson, Scott, Segar, Sherrard, J. K. Smith, I. N. Smith, Staples, Thompson, Walker, Wallace, A. Watson, Watts, Welch, West, Wood and Yerby--66.
Mr. COLLIER submitted the following amendment to the 1st section of the bill:
"Be it enacted by the general assembly, that it shall be the duty of the officers who were appointed to conduct elections for county officers in May last, at the places established for holding elections for members of the general assembly, to open polls to ascertain the sense of the people of the commonwealth, whether there shall be a convention to consider and propose such measures as may be expedient for this commonwealth to adopt in the present crisis of state and national affairs, and to elect delegates to such convention. The said election shall be held on the 4th day of February in the year 1861."
And the question being on agreeing thereto, Mr. SEDDON demanded the previous question; which was sustained by the house; and being put, was decided in the negative.
On motion of Mr. SEDDON, the roll was recorded as follows:
AYES--Messrs. Alderson, Arnold, Ball, Ballard, Bentley, Bisbie, Boreman, Brown, Caperton, Cassin, Christian, Collier, Cowan, Crane, Crump, Dickenson, Edgington, Ferguson, Ferrill, Fleming, Frost, D. Gibson, Goodycoontz, Harrison, Haymond, Hackley, Hoffman, Holdway, Hopkins, Jett, Johnson, Knotts, Kyle, Locke, Lockridge, Lucas, W. Martin, Matthews, McKenzie, Miles, D. Miller, Montgomery, Morris, Myers, Patterson, Phelps, Porter, Pritchard, Randolph, Reid, Richardson, Scott, Segar, Sherrard, J. K. Smith, I. N. Smith, Staples, Thompson, Walker and West--60.
NOES--Messrs. Crutchfield (speaker), Anderson, Bailey, Barbour, Baskervill, Bass, Bassel, Bell, Boisseau, Booker, Burks, Carpenter, Carter, Chapman, Childs, Claiborne, Coleman, Davis, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Grattan, Hanly, Huntt, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Keen, Kemper, Kincheloe, Leftwich, Lundy, Lynn, Magruder, Mallory, T. Martin, McDowell, McGehee, McGruder, McKinney, Medley, J. R. Miller, Mong, Montague, Morgan, Nelson, Newton, Orgain, Preston, Pretlow, Riddick, Robinson, Rives, Rutherfoord, Saunders, Seddon, Shannon, Sibert, H. Smith, Thomas, Tomlin, Tyler, Wallace, Ward, A. Watson, Watts, Welch, Wilson, Witten, Wood, Woolfolk and Yerby--80.
On motion of Mr. KEEN, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Mr. Nolley of the Methodist church.
A message was received from the senate, by Mr. BRANNON, who informed the house of delegates that the senate had agreed to the joint resolution upon the subject of the coercion of a state, and a resolution for a joint committee to confer with the commissioners of Alabama.
The SPEAKER laid before the house a communication from the governor, enclosing a telegraphic dispatch received from the president
of the convention of the state of Mississippi, announcing the secession of that state from the Union; which was read, and on motion of Mr. DUCKWALL, laid on the table and ordered to be printed.
The SPEAKER announced the following committee on the part of the house, under the joint resolution in relation to the present crisis of state and national affairs: Messrs. Barbour, Caperton, Segar, Rives, Tomlin, Collier, Gilmer of Pittsylvania, Burks, Duckwall, Miller of Shenandoah, Wallace, Bassel, Hopkins, Robertson and Haymond.
Subsequently, Mr. ROBERTSON presented a report.
Mr. ROBERTSON submitted certain joint resolutions in relation to the preservation of the peace of the country; which, on motion of Mr. CHRISTIAN, were referred to a committee, with leave to sit during the session of the house.
The SPEAKER announced the following committee under the motion: Messrs. Robertson, Yerby, Bass, Christian, Anderson, Magruder, Smith of Taylor, Witten and Newton.
Mr. RUTHERFOORD, from the committee for courts of justice, presented the following bill:
No. 7. A bill to amend the charter of the city of Richmond.
Mr. CHRISTIAN, from the committee of schools and colleges, presented the following bill:
No. 8. A bill to incorporate the Montgomery female college.
Mr. HAYMOND, from the committee on finance, presented the following bills:
No. 9. A bill amending and re-enacting the 8th section of an act imposing taxes for the support of government, passed March 31, 1860.
No. 10. A bill fixing the mode of settlement with the sheriff of the county of Jefferson.
No. 11. A bill refunding to Benjamin and Isaac Deford a certain sum of money paid on an erroneous assessment.
No. 12. A bill to amend and re-enact the 25th section of an act entitled an act imposing taxes for the support of government, passed March 31, 1860.
On motion of Mr. EDGINGTON,
Resolved, that leave be given to withdraw from the files of this house, bill 407 of the last session, and that the same be referred to the committee of schools and colleges.
Mr. EDGINGTON presented a memorial of the trustees of West Liberty academy in the county of Ohio; which was ordered to be referred to the committee of schools and colleges.
Mr. WALKER presented the petition of Capt. Kenney of the Rockingham rifles; which was ordered to be referred to the committee on military affairs.
Mr. HAYMOND presented the petition of John H. Showalter, praying for the refunding to him of a sum of money; which was ordered to be referred to the committee on finance.
No. 6. A bill for electing members of a convention, and to convene the same, on its second reading, being the unfinished business of yesterday, was taken up, on motion of Mr. KEMPER.
Mr. THOMPSON moved to amend the bill, by striking out the first section, and inserting in lieu thereof the following:
"Be it enacted by the general assembly, that it shall be the duty of the superintendents and officers who were appointed to superintend elections for county officers in May last, at the places established for holding elections for members of the general assembly, to open polls for deciding the question of convention or no convention; which convention, if called by the voice of the people, shall consider and propose such measures as may be expedient for this commonwealth to adopt in the present crisis of state and national affairs. The said election shall be held on the 4th day of February in the year of our Lord 1861."
And the question being on agreeing thereto, Mr. SEDDON demanded the previous question; which was sustained by the house; and being put, was decided in the negative.
Mr. WATTS submitted the following amendment:
"And provided further, that if said convention, which shall assemble on the day mentioned in the above section, shall make or pass any ordinance authorizing and directing the withdrawal of this state from this confederacy, or any ordinance authorizing and directing her connection with any other state or states of this Union, it shall, before any such ordinance shall take effect, be first submitted to and ratified by the citizens of this commonwealth."
Mr. KEEN submitted the following amendment to the amendment:
"At the same time, the said commissioners shall open a poll to take the sense of the qualified voters upon the question as to whether any action of said convention changing the organic law of this state or dissolving our connection with the Union, shall be submitted to the voters of the commonwealth, for their ratification or rejection."
And the question being on agreeing to the amendment to the amendment, Mr. SEDDON demanded the previous question; and the question being, Shall the main question be ordered? was put, and decided in the negative.
On motion of Mr. KEEN, the vote was recorded as follows:
AYES--Messrs. Anderson, Arnold, Bailey, Ballard, Bass, Bassel, Bell, Boisseau, Burks, Carpenter, Carter, Chapman, Childs, Claiborne, Edwards, Evans, Ferguson, Friend, Garrett, J. T. Gibson, Graham, Grattan, Hanly, Haymond, Hopkins, Huntt, Hunter, James, Johnson, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Lundy, Lynn, Mallory, J. G. Martin, T. Martin, McDowell, McGehee, Medley, Miles, J. R. Miller, Mong, Montague, Montgomery, Morgan, Nelson, Newton, Orgain, Robinson, Rives, Rutherfoord, Seddon, Shannon, H. Smith, Thomas, Tomlin, Tyler, Wallace, Ward, West, Wilson and Woolfolk--65.
NOES--Messrs. Alderson, Ball, Bentley, Bisbie, Booker, Boreman, Brown, Caperton, Cassin, Christian, Coleman, Collier, Cowan, Crane, Davis, Dickenson, Duckwall, Edgington, Ferrill, Fleming, Frost, D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Harrison, Hackley, Holdway, Jett, Keen, Knotts, Leftwich, Locke, Lockridge, Magruder, Massie, Matthews, McGruder, McKinney, McKenzie, D. Miller, Morris, Myers, Patterson, Phelps, Porter, Preston, Pretlow, Randolph, Reid, Richardson, Riddick, Robertson, Saunders, Scott, Segar, Sherrard, Sibert, I. N. Smith, Staples, Thompson, Walker, A. Watson, Watts, Welch, Wingfield, Wood and Yerby--68.
Pending the consideration of the amendments, Mr. ROBERTSON moved a suspension of the rules, with a view to pass by the pending business, in order to take up the resolutions reported from the committee in relation to the peace of the country; and the question
being on agreeing thereto, Mr. RICHARDSON demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.
The question being on agreeing to the resolutions reported from the committee, Mr. COWAN demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.
The resolutions are as follows:
"Resolved, by the general assembly of Virginia, that in view of the imminent danger of civil war, this assembly, in behalf of the commonwealth of Virginia, ask respectfully, on the one hand, of the president of the United States, and on the other, of the authorities of each of the southern states, to the end, that if possible, peace may yet be preserved; that they will reciprocally communicate assurances in response to the general assembly of Virginia, now in session, that the status quo of all movements tending to occasion collision, and concerning the forts and arsenals of the nation, shall, on either hand, be strictly maintained for the present, except to repel any actual aggressive attempt.
2. That the governer of the commonwealth be requested to communicate these resolutions, by telegraph, immediately to the president of the United States, and each of the governors of the southern states."
Ordered, that the clerk communicate the foregoing resolutions to the senate, and request their concurrence.
On motion of Mr. GILMER of Hampshire, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Mr. Duncan of the Methodist church.
Mr. McGRUDER, from the committee of propositions and grievances, presented the following bills:
No. 13. A bill to amend an act passed April 6, 1858, entitled an act to amend and re-enact an act entitled an act for regulating foreign life insurance companies within this commonwealth, passed March 6th, 1856.
No. 14. A bill to amend an act passed March 30, 1860, entitled an act making regulations concerning licenses.
No. 15. A bill for the relief of Edward McCabe of Harpers Ferry.
No. 16. A bill releasing the commonwealth's claim to a certain island in Chesapeake bay to Edward J. Poulson.
Mr. CHAPMAN, from the committee of roads and internal navigation, presented the following bills:
No. 17. A bill to incorporate the Arnoldsburg and Sandy turnpike company.
No. 18. A bill to incorporate the Lynchburg and North Carolina rail road company.
No. 19. A bill to extend the improvement of the Little Kanawha river to the falls thereof, in the county of Braxton.
Mr. KEMPER, from the committee on military affairs, presented a report adverse to the petition of Capt. Kenney of the Rockingham rifles.
Mr. KAUFMAN presented the petition of Capt. James Long and others, asking that leave be given to Henry Guard to peddle some articles without license, and that the same be referred to the committee on finance.
Mr. KAUFMAN presented the petition of Col. C. E. Shryock and others, asking that compensation be paid the drummer and fifer for services rendered to the 51st regiment of Virginia militia, and asked that the same be referred to the committee on military affairs.
Mr. ORGAIN presented the petition of Paul A. Farley, for the refunding of a peddler's license, and that the same be referred to the committee on finance.
Mr. CHRISTIAN presented the petition of Walker Fitch, a free negro, for an act to allow him to become a slave, and asked that the same be referred to the committee of propositions and grievances.
Mr. CHRISTIAN presented the petition of B. M. Smith of Prince Edward, for relief from the payment of a fine inadvertently incurred, and asked that the same be referred to the committee on finance.
The house resumed the consideration of
No. 6. A bill to provide for electing members of a convention, and to convene the same, with the pending amendments thereto; and the question being on agreeing to the amendment submitted by Mr. KEEN to the amendment submitted by Mr. WATTS to the first section of the bill, Mr. KEMPER demanded the previous question; and the question being, Shall the main question be now ordered? was put, and decided in the negative.
On motion of Mr. KEEN, the vote was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Anderson, Bailey, Baskervill, Bassel, Boisseau, Carpenter, Carter, Chapman, Childs, Claiborne, Edwards, Garrett, J. T. Gibson, Graham, Haymond, Huntt, James, Johnson, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Lundy, Lynn, Mallory, T. Martin, McGehee, J. R. Miller, Mong, Morgan, Newton, Orgain, Robinson, Rives, Rutherfoord, Seddon, Shannon, H. Smith, Thomas, Tyler, Ward, West, Wilson, Witten and Woolfolk--47.
NOES--Messrs. Alderson, Arnold, Ball, Ballard, Barbour, Bass, Bell, Bentley, Bisbie, Booker, Boreman, Brown, Burks, Caperton, Cassin, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Edgington, Evans, Ferguson, Ferrill, Fleming, Friend, Frost, D. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Grattan, Hanly, Harrison, Hackley, Hoffman, Holdway, Hopkins, Hunter, Jett, Keen, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Magruder, J G. Martin, W. Martin, Massie, Matthews, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, Montague, Morris, Myers, Nelson, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Saunders, Scott, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Thompson, Walker, A. Watson, Watts, Welch, Wingfield, Wood and Yerby--94.
Mr. KEEN, by leave of the house, withdrew the amendment to the amendment. Mr. WATTS, by like leave, withdrew the amendment.
Mr. KEEN submitted the following amendment to the first section of the bill:
"At the same time, the said superintendents and officers shall open a separate poll to take the sense of the qualified voters as to whether any action of said convention dissolving our connection with the federal Union, or changing the organic law of the state, shall be submitted to the people for ratification or rejection; and in order to ascertain the sense of the voters upon the question aforesaid, the said officers shall cause to be kept a poll, to be headed "Upon the question of referring such action to the people for their decision;" which said poll book shall have two columns--one headed "For referring to the people," and the other "Against referring to the people;" and the names of those who vote for the former shall be written under the former heading, and those who vote for the latter, under the latter heading. When the said officers meet as aforesaid, they shall ascertain and make return of the number of persons voting for each proposition. They shall forthwith send to the clerk of their respective counties or corporations a copy thereof, whose duty it shall be to transmit immediately a copy thereof to the president of the convention at Richmond, and also to the governor of the commonwealth."
Mr. DUCKWALL submitted the following amendment to the amendment:
"Provided, however, that the vote so taken in each county or election district respectively, shall be considered only as declaratory of the popular voice of the electors of such county or election district, and as a popular instruction by the electors of such county or election district to their own delegate or delegates to the convention."
And the question being on agreeing thereto, Mr. EVANS demanded the previous question; which was sustained by the house; and being put, was decided in the negative.
The question being on agreeing to the amendment submitted by Mr. KEEN, Mr. KEEN demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.
On motion of Mr. BOREMAN, the vote was recorded as follows:
AYES--Messrs. Alderson, Arnold, Ball, Bentley, Bisbie, Booker, Boreman, Brown, Cassin, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Edgington, Ferguson, Ferrill, Fleming, D. Gibson, C. H. Gilmer, Goodycoontz, Hanly, Harrison, Haymond, Hackley, Hoffman, Holdway, Hopkins, Huntt, Jett, Johnson, Keen, Knotts, Kyle, Leftwich, Locke, Lockridge, Magruder, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, McGruder, McKinney, McKenzie, D. Miller, Morris, Myers, Patterson, Phelps, Porter, Preston, Pretlow, Randolph, Reid, Richardson, Riddick, Robertson, Rives, Saunders, Scott, Segar, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Walker, A. Watson, Watts, Welch, Wood and Yerby--77.
NOES--Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Ballard, Barbour, Baskervill, Bass, Bassel, Bell, Boisseau, Burks, Caperton, Carpenter, Carter, Chapman, Childs, Claiborne, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, Graham, Grattan, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Lundy, Lynn, Mallory, McDowell, McGehee, Medley, Miles, J. R. Miller, Mong, Montague, Montgomery, Morgan, Nelson, Newton, Orgain, Robinson, Rutherfoord, Seddon, Shannon, H. Smith, Thomas, Tomlin, Tyler, Ward, Wilson, Wingfield, Witten and Woolfolk--62.
Mr. HAYMOND moved a suspension of the rules, with a view to reconsider the vote by which the amendment was adopted; and the question being on agreeing thereto, Mr. CARTER demanded the previous question; which was sustained by the house; and being put, was decided in the negative.
On motion of Mr. BALL, the vote was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Ballard, Baskervill, Bass, Bassel, Bell, Boisseau, Burks, Caperton, Carpenter, Carter, Chapman, Childs, Claiborne, Coleman, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, Graham, Grattan, Haymond, Huntt, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Kyle, Lucas, Lundy, Lynn, Mallory, McDowell, McGehee, Medley, Miles, J. R. Miller, Mong, Montague, Morgan, Nelson, Newton, Orgain, Pritchard, Robinson, Rives, Rutherfoord, Seddon, Shannon, H. Smith, Thomas, Tomlin, Tyler, Ward, E. Watson, Wilson, Wingfield, Witten and Woolfolk--68.
NOES--Messrs. Alderson, Ball, Bentley, Bisbie, Booker, Boreman, Cassin, Christian, Collier, Cowan, Crump, Davis, Dickenson, Edgington, Ferguson, Ferrill, Fleming, Frost, D. Gibson, C. H. Gilmer, Goodycoontz, Hanly, Harrison, Hackley, Hoffman, Holdway, Hopkins, Jett, Johnson, Keen, Knotts, Leftwich, Lockridge, Magruder, J. G. Martin, T. Martin, W. Martin, Matthews, McGruder, McKinney, McKenzie, D. Miller, Morris, Myers, Phelps, Porter, Preston, Pretlow, Randolph, Reid, Richardson, Riddick, Robertson, Saunders, Scott, Segar, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Thompson, Walker, A. Watson, Watts, West, Wood and Yerby--68.
On motion of Mr. JONES of Gloucester, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Mr. Duncan of the Methodist church.
Mr. CHRISTIAN, from the committee of schools and colleges, presented the following bill:
No. 20. A bill authorizing a loan from the Literary fund to the Alleghany college.
Mr. MAGRUDER, from the committee of propositions and grievances, presented the following bills:
No. 21. A bill to incorporate the town of Cameron in the county of Marshall.
No. 22. A bill to incorporate the Berkeley border guard volunteer company.
Mr. MASSIE, from the committee of claims, presented the following bills:
No. 23. A bill for the relief of Nathaniel B. Harvey.
No. 24. A bill for the relief of Enoch Atkins of Giles county.
Mr. MASSIE, from the same committee, presented an adverse report to the resolution in relation to the payment of a sum of money to J. P. A. Entler, for services rendered to the state.
Mr. KEMPER, from the committee on military affairs, presented the following resolution; and the question being on agreeing thereto, was put, and decided in the affirmative:
Resolved, that the committee on finance be instructed forthwith to enquire into the best means of raising the sum of one million of dollars for immediate purposes of defence, and report by bill.
Mr. HAYMOND, from the committee on finance, presented the following bills:
No. 25. A bill refunding a license tax to Paul A. Farley of the county of Lunenburg.
No. 26. A bill authorizing the payment to William L. Jackson, of certain coupons.
No. 27. A bill for the relief of James Scott of Greenbrier county.
No. 28. A bill refunding to Matthew Wamsley of the county of Randolph a certain amount of money erroneously paid by him.
No. 29. A bill for the relief of Rev. J. Packard.
Mr. BARBOUR presented the petition of citizens of Culpeper county, praying that one-fifth of the state revenue be appropriated for the purpose of arming the people, and placing the state on a war footing; which was ordered to be referred to the committee on military affairs.
On motion of Mr. ROBERTSON,
Resolved, that the debate on all questions that may arise on the convention bill now pending in this house, be restricted to three minutes by any one speaker, when they shall be put to the vote.
On motion of Mr. SAUNDERS,
Resolved, that leave be given to withdraw from the files of the house of the last session, senate bill 63, and that the same be referred to the committee on finance.
Mr. SAUNDERS presented the petition of George I. Herring and others, praying for a release as sureties of P. P. Winston; which was ordered to be referred to the committee on finance.
On motion of Mr. THOMAS,
Resolved, that leave be given to withdraw from the files of last session, house bill 169, and papers relating thereto, and that the same be referred to the committee on finance.
On motion of Mr. BENTLEY,
Resolved, that the committee on military affairs enquire into the expediency of providing by law for the availability of the appropriation made at the last session for the more effectual arming of border counties.
Mr. SMITH presented the petition of citizens of Kanawha, upon the subject of free negroes; which was ordered to be referred to the committee for courts of justice.
On motion of Mr. ROBINSON,
Resolved, that leave be given to withdraw from the files of this house, bill 380, and that the same be referred to the committee of roads and internal navigation.
Mr. MYERS presented the petition of William B. Wooldridge and Thomas C. Howard, executors of A. S. Wooldridge; which was ordered to be referred to the committee on finance.
On motion of Mr. CLAIBORNE,
Resolved, that the committee of claims enquire into the expediency of reporting a bill refunding to George W. Tucker of Halifax, the sum of $60 37, improperly paid by him to the commonwealth.
On motion of Mr. CLAIBORNE,
Resolved, that the committee on agriculture and manufactures enquire into the expediency of reporting a bill incorporating the Meadville manufacturing company.
On motion of Mr. LEFTWICH,
Resolved, that house bill 266, for amending the first section of the 58th chapter of the Code, be withdrawn from the files, and referred to the committee on banks.
On motion of Mr. LYNN,
Resolved, that the committee of propositions and grievances enquire into the expediency of reporting a bill for the relief of Hugh H. Hite of Prince William county, for a sum of money paid by him for taxes erroneously assessed on him for the year 1859.
Mr. BALL presented the petition of the officers and privates of the North Fork rifle company in Loudoun county, asking compensation for services rendered during the John Brown raid; which was ordered to be referred to the committee on military affairs.
On motion of Mr. GRATTAN,
Resolved, that the committee on finance enquire into the expediency of refunding to J. W. G. Smith a sum of money erroneously assessed against him and paid.
On motion of Mr. WALLACE,
Resolved, that the committee on banks enquire into the expediency of amending the charter of the Monongalia Bank of Morgantown.
On motion of Mr. BASS,
Resolved, that the financial statement and suggestions relative to defects in the revenue laws, by the auditor of public accounts, be referred to the committee on finance.
No. 6. A bill to provide for electing members of a convention, and to convene the same, being the unfinished business of yesterday, was taken up.
Mr. RIVES submitted an amendment to the third section of the bill, restricting members of the present general assembly from service in the convention; and the question being on agreeing thereto, was put, and decided in the affirmative.
On motion of Mr. RIVES, the vote was recorded as follows:
AYES--Messrs. Alderson, Allen, Arnold, Bailey, Ball, Ballard, Baskervill, Bass, Bassel, Bell, Bentley, Bisbie, Boisseau, Booker, Boreman, Brown, Carter, Cassin, Childs, Christian, Claiborne, Collier, Cowan, Crane, Crump, Davis, Dickenson, Edgington, Ferguson, Ferrill, Fleming, Frost, Garrett, D. Gibson, C. H. Gilmer, Goodycoontz, Graham, Hanly, Harrison, Haymond, Hackley, Holdway, Hopkins, Huntt, James, Johnson, Kaufman, Keen, Kee, Kincheloe, Kyle, Lockridge, Lucas, Mallory, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, McGehee, McKinney, McKenzie, Medley, Miles, D. Miller, J. R. Miller, Montague, Montgomery, Myers, Nelson, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Richardson, Riddick, Robertson, Rives, Saunders, Scott, Sherrard, J. K. Smith, I. N. Smith, H. Smith, Staples, Walker, Watts, West, Witten, Wood, Woolfolk and Yerby--95.
NOES--Messrs. Crutchfield (speaker), Anderson, Burks, Carpenter, Chapman, Coleman, Duckwall, Edwards, Evans, Friend, J. T. Gibson, J. Gilmer, Grattan, Hunter, C. H. Jones, W. T. Jones, Kemper, Knotts, Leftwich, Locke, Lundy, Lynn, Magruder, McDowell, McGruder, Mong, Morgan, Morris, Newton, Orgain, Reid, Robinson, Rutherfoord, Segar, Sibert, Thomas, Thompson, Tomlin, Tyler, Wallace, Ward, A. Watson, E. Watson, Willcox and Wingfield--45.
The bill was then, on motions severally made by Mr. KEMPER, amended in various particulars.
Mr. HAYMOND submitted the following amendment:
"Strike out the first section and insert the following:
"Be it enacted by the general assembly, that it shall be the duty
of the superintendents and officers who were appointed to conduct elections for county officers in May last, at the places established for holding elections for members of the general assembly, to open polls for electing delegates to a convention to consider and propose such measures as they may deem expedient for the people of this commonwealth to adopt in the present crisis of state and national affairs. The said election shall be held on the 4th day of February, in the year of our Lord 1861."
And the question being on agreeing thereto, was put and decided in the negative.
On motion of Mr. KEMPER, the vote was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Allen, Anderson, Bailey, Ballard, Barbour, Baskervill, Bass, Bassel, Bell, Boisseau, Burks, Caperton, Carpenter, Carter, Chapman, Childs, Claiborne, Duckwall, Edwards, Evans, Friend, Garrett, J. T. Gibson, J. Gilmer, Graham, Grattan, Haymond, Hunter, James, C. H. Jones, W. T. Jones, Kaufman, Kemper, Kincheloe, Lundy, Lynn, Mallory, McDowell, McGehee, Medley, Mong, Montague, Montgomery, Morgan, Nelson, Newton, Orgain, Robinson, Rutherfoord, Shannon, H. Smith, Thomas, Tomlin, Tyler, Wallace, Ward, E. Watson, Wilson, Witten, Wood and Woolfolk--62.
NOES--Messrs. Alderson, Arnold, Ball, Bentley, Bisbie, Booker, Boreman, Brown, Cassin, Christian, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Edgington, Ferguson, Ferrill, Fleming, Frost, D. Gibson, C. H. Gilmer, Goodycoontz, Hanly, Harrison, Hackley, Hoffman, Holdway, Hopkins, Huntt, Jett, Johnson, Keen, Kee, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Magruder, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, McGruder, McKinney, McKenzie, Miles, D. Miller, Morris, Myers, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Rives, Saunders, Scott, Segar, Sherrard, Sibert, J. K. Smith, I. N. Smith, Staples, Thompson, Walker, A. Watson, Watts, West and Yerby--81.
The bill was then, on motion of Mr. COWAN, read a second time, and ordered to be engrossed and read a third time; and being forthwith engrossed, two-thirds concurring, was, on motion of Mr. MARTIN of Henry, read a third time. And the question being, Shall the bill pass? Mr. McKENZIE demanded the previous question; which was sustained by the house; and being put, was decided in the affirmative.
On motion of Mr. SEDDON, the vote was recorded as follows:
AYES--Messrs. Crutchfield (speaker), Alderson, Allen, Anderson, Arnold, Bailey, Ball, Ballard, Barbour, Baskervill, Bass, Bassel, Bell, Bentley, Bisbie, Boisseau, Booker, Brown, Burks, Caperton, Carpenter, Carter, Cassin, Chapman, Childs, Christian, Claiborne, Coleman, Collier, Cowan, Crane, Crump, Davis, Dickenson, Duckwall, Edgington, Edwards, Evans, Ferguson, Ferrill, Fleming, Friend, Frost, Garrett, D. Gibson, J. T. Gibson, J. Gilmer, C. H. Gilmer, Goodycoontz, Graham, Grattan, Hanly, Harrison, Haymond, Hackley, Hoffman, Hopkins, Huntt, Hunter, James, Jett, Johnson, C. H. Jones, W. T. Jones, Kaufman, Keen, Kee, Kemper, Kincheloe, Knotts, Kyle, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, Mallory, J. G. Martin, T. Martin, W. Martin, Massie, Matthews, McDowell, McGehee, McGruder, McKinney, McKenzie, Medley, Miles, D. Miller, Mong, Montague, Montgomery, Morgan, Morris, Myers, Nelson, Newton, Orgain, Patterson, Phelps, Porter, Preston, Pretlow, Pritchard, Randolph, Reid, Richardson, Riddick, Robertson, Robinson, Rives, Rutherfoord, Saunders, Scott, Segar, Shannon, Sherrard, Sibert, J. K. Smith, I. N. Smith, H. Smith, Staples, Thomas, Thompson, Tomlin, Tyler, Walker, Wallace, Ward, A. Watson, Watts, West, Wilson, Wingfield, Witten, Wood, Woolfolk and Yerby--141.
Ordered, that Mr. KEMPER carry the bill to the senate and request their concurrence.
Mr. COWAN moved that the house do now adjourn; and the question being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. CARPENTER, the vote was recorded as follows:
AYES--Messrs. Boreman, Burks, Carter, Christian, Claiborne, Cowan, Crane, Edgington, Edwards, Evans, Ferguson, Fleming, Frost, Grattan, Harrison, Haymond, Hopkins,
Kaufman, Kee, Kemper, Knotts, Massie, McGruder, McKenzie, Medley, Morris, Newton, Patterson, Porter, Preston, Pretlow, Reid, Richardson, Thomas, Ward, Watts and Wingfield--37.
NOES--Messrs. Crutchfield (speaker), Anderson, Bailey, Barbour, Baskervill, Bass, Bassel, Bentley, Bisbie, Booker, Caperton, Carpenter, Cassin, Chapman, Childs, Davis, Friend, J. T. Gibson, J. Gilmer, C. H. Gilmer, Graham, Hanly, Huntt, Hunter, Jett, Johnson, C. H. Jones, W. T. Jones, Keen, Kincheloe, Kyle, Leftwich, Locke, Lockridge, Lucas, Lundy, Lynn, Magruder, Mallory, T. Martin, W. Martin, Matthews, McDowell, McGehee, McKinney, D. Miller, Mong, Montague, Morgan, Myers, Nelson, Orgain, Pritchard, Robertson, Robinson, Rives, Rutherfoord, Saunders, Scott, Segar, Shannon, Sherrard, J. K. Smith, I. N. Smith, Staples, Wallace, West, Wilson, Woolfolk and Yerby--70.
On motion of Mr. EDWARDS,
Resolved, that the committee on finance enquire into the expediency of reporting a bill for the relief of the sureties of Samuel S. Turner, late sheriff of Franklin county, from the liabilities incurred for failing to pay into the treasury the revenue of said county in the time prescribed by law.
On motion of Mr. MATTHEWS,
Resolved, that the committee of schools and colleges be instructed to enquire into the expediency of repealing and re-enacting the first section of the act passed April 7, 1858, entitled an act to incorporate the Lewisburg female institute.
Mr. MATTHEWS presented the petition of sundry citizens of Greenbrier and Fayette counties, praying for a new county; which was ordered to be referred to the committee of propositions and grievances.
On motion of Mr. WOOLFOLK,
Resolved, that the committee of claims be instructed to enquire into the expediency of reporting a bill to compensate A. P. Routt and R. W. Brooking of Orange county, for arresting, taking care of and conveying to prison a lunatic (one Jeremiah Connilly) who had escaped from the asylum at Staunton.
On motion of Mr. CAPERTON,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of reporting a bill authorizing the clerks of the supreme court and the district courts of appeals to take orders of publication in vacation.
On motion of Mr. JAMES K. SMITH,
Resolved, that the committee of propositions and grievances enquire into the expediency of incorporating the Western Virginia insurance company in the county of Taylor.
On motion of Mr. JOHNSON,
Resolved, that leave be given to withdraw from the files of the house, bill 249 of last session, and that the same be reported to the committee of roads and internal navigation.
On motion of Mr. CASSIN,
Resolved, that the committee on finance enquire into the expediency of reporting a bill refunding to Isaac Shobe certain taxes erroneously paid by him to the commonwealth.
On motion of Mr. KNOTTS,
Resolved, that the committee on agriculture and manufactures be instructed to enquire into the expediency of incorporating a company
in the counties of Gilmer, Calhoun and Wirt, for the purpose of manufacturing oil and for mining purposes.
On motion of Mr. DUCKWALL,
Resolved, that the committee of claims enquire in the expediency of compensating that portion of the 89th regiment of Virginia militia who were called into service of the state, during the John Brown raid, by the colonel of the regiment.
On motion of Mr. CRUMP,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill legalizing the action of the county courts of Amelia and Nottoway, in issuing bonds for the purchase of arms, and to authorize said courts to provide by levies for the payment of the same.
On motion of Mr. GIBSON of Jefferson,
Resolved, that leave be granted to withdraw from the files of the house, bill 340, and that the same be referred to the committee of claims.
On motion of Mr. RICHARDSON,
Resolved, that the committee of propositions and grievances enquire into the expediency of amending and re-enacting an act entitled an act incorporating the town of Bethany, passed April 6th, 1853, so as to extend the powers and duties of the town sergeant.
Mr. RICHARDSON presented the petition of citizens of Bethany, praying the extension of the powers of their sergeant; which was ordered to be referred to the committee of propositions and grievances.
On motion of Mr. LOCKE,
Resolved, that the committee of claims enquire into the expediency of allowing certain delinquent militia fines in the settlement of the accounts of John W. Moore, sheriff of Jefferson county, for the years 1852, 1853 and 1854.
On motion of Mr. WILSON,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill providing that during the suspension of specie payments by the banks, there may be a stay of executions to prevent a ruinous sacrifice of property.
On motion of Mr. McDOWELL,
Resolved, that the committee of roads and internal navigation enquire into the expediency of amending the charter of the Fincastle and Catawba creek and Blacksburg turnpike company.
On motion of Mr. HUNTT,
Resolved, that leave be granted to withdraw from the files of the house, bill 473 of the last session, for the relief of Thos. Javins, and that the same be referred to the committee on finance.
On motion of Mr. MARTIN of Norfolk county,
Resolved, that leave be given to withdraw from the files of the house, senate bill 320, and that the same be referred to the committee of roads and internal navigation.
On motion of Mr. MONTAGUE,
Resolved, that the committee of propositions and grievances enquire
into the expediency of incorporating the town of Christiansburg in Montgomery county.
Mr. SHANNON presented the petition of James A. Harris and others; which was ordered to be referred to the committee on finance.
On motion of Mr. DAVIS,
Resolved, that John W. Murrill be permitted to withdraw from the files of this house, his petition, presented at the last session, praying to be relieved from the payment of a judgment.
On motion of Mr. HAYMOND,
Resolved, that the deposit banks of this state be required to report to this house, as early as practicable, the average amount of their monthly discounts for the last twelve months; the average amount of public money, the property of the state, deposited with each of these banks monthly; the average monthly discount of notes and other paper obligations payable at their own counter; the average monthly discounts of bills of exchange, negotiable notes and other paper obligations payable outside of the limits of Virginia; the amount of such notes, bills of exchange and other paper obligations payable outside of the limits of Virginia, that have been protested and returned for want of payment; and the average monthly circulation of each of these banks, showing the difference between their discounts and circulation.
On motion of Mr. WARD,
Resolved, that the committee of roads and internal navigation enquire into the expediency of reporting a bill to amend the charter of the Sir John's turnpike company.
On motion of Mr. BALL,
Resolved, that the committee for courts of justice enquire into the expediency of legalizing certain acts of the Potomac bridge company.
On motion of Mr. KEEN,
Resolved, that the committee on finance enquire into the expediency of reporting a bill appropriating to John Staples a sum of money for services rendered as attorney for the commonwealth.
Mr. KEEN presented the petition of the citizens of the county of Pittsylvania, asking that the county courts may be empowered to make a levy to buy arms; which was ordered to be referred to the committee on military affairs.
On motion of Mr. BISBIE,
Resolved, that as the brigade inspectors of this commonwealth are the virtual instructors of our militia system, the committee on military affairs be requested to enquire into the expediency of reporting a bill so amending the militia laws as to raise the standard of qualification, extend the duties and increase the pay of the office of brigade inspector.
Mr. TYLER presented the petition of citizens of Caroline, to amend the charter of the town of Port Royal in the county of Caroline; which was ordered to be referred to the committee of propositions and grievances.
On motion of Mr. MAGRUDER,
Resolved, that the committee on banks enquire into the expediency of amending the charter of the Bank of Howardsville.
On motion of Mr. McGEHEE,
Resolved, that leave be given to withdraw from the files of the house, senate bill 297 for the relief of James J. Spaulding, and that the same be referred to the committee on finance.
On motion of Mr. GILMER of Pittsylvania,
Resolved, that the committee of claims be instructed to enquire into the expediency of reporting a bill refunding to the heirs of L. Claiborne dec'd, of Pittsylvania county, a sum of money improperly paid to the commonwealth.
On motion of Mr. NELSON,
Resolved, that the committee of schools and colleges enquire into the expediency of paying to John T. Irving of Fluvanna a sum of money for the tuition of indigent children.
On motion of Mr. STAPLES,
Resolved, that the committee of schools and colleges enquire into the expediency of incorporating the Patrick springs female seminary in the county of Patrick.
Mr. STAPLES presented the petition of Rufus Turner, late sheriff of Patrick county, praying that a certain amount of money withheld by the auditor, be refunded to him; which was also ordered to be referred to the committee on finance.
Mr. STAPLES presented the petition of Lewis Pedigo, praying to have refunded to him taxes improperly charged; which was ordered to be referred to the committee on finance.
On motion of Mr. McKINNEY,
Resolved, that the committee of roads and internal navigation enquire into the expediency of amending the charter of the Farmville and Buckingham plank road company.
On motion of Mr. SMITH of Kanawha,
Resolved, that the committee of roads and internal navigation enquire into the expediency of increasing the capital stock of the Elk river turnpike company, so that the surplus stock subscribed may be received by the company.
On motion of Mr. BOREMAN,
Resolved, that the committee on finance enquire into the expediency of providing for the payment of certain lost coupons for interest on the bonds of the state owned and held by the Exchange Bank of Virginia and the City Bank of Racine.
On motion of Mr. MATTHEWS,
Resolved, that leave be given to withdraw from the files, bill 207, incorporating the Sweet chalybeate springs company, and that the same be referred to the committee of propositions and grievances.
On motion of Mr. McKENZIE,
Resolved, that leave be given to withdraw from the files of the house of last session, bill 450, and that the same be referred to the committee for courts of justice.
On motion of Mr. ORGAIN,
Resolved, that the committee of roads and internal navigation enquire into the expediency of increasing the capital stock of the South side rail road company, to construct a branch of their road from
Black's and White's, by Clarkesville and Christiansburg, down New river to its confluence with the Kanawha.
On motion of Mr. KEEN,
Resolved, that the committee for courts of justice enquire into the expediency of passing a general law authorizing the county courts to purchase arms, and to provide for such purchase either by levy, sale of bonds or otherwise.
On motion of Mr. EDGINGTON,
Resolved, that the committee of roads and internal navigation enquire into the expediency of incorporating a company to construct a turnpike road from the monument on the National road in Ohio county, by the valley of Big Wheeling creek, to the Pennsylvania line.
On motion of Mr. BASKERVILL,
Resolved, that leave be given to withdraw from the files of this house, bill 18 of the last session, providing for the increase of the capital stock of the Roanoke valley rail road company, and that the same, when withdrawn, be referred to the committee of roads and internal navigation.
On motion of Mr. KAUFMAN,
Resolved, that leave be given to withdraw engrossed bill 42 from the files of the house, to be referred to the committee of claims.
On motion of Mr. McKINNEY, the house adjourned until Monday, 12 o'clock.
A message from the senate, by their clerk, was read as follows:
The senate have passed house bill, entitled:
An act to provide for electing members of a convention, and to convene the same, No. 6, with amendments.
In which they respectfully request the concurrence of the house of delegates.
The amendments proposed by the senate were agreed to.
Ordered, that Mr. KEMPER inform the senate thereof.
Mr. CHRISTIAN, from the committee of schools and colleges, presented the following bill:
No. 30. A bill to re-enact the act passed 9th February 1844, authorizing a loan from the Literary fund to the trustees of West Liberty academy.
Mr. MAGRUDER, from the committee of propositions and grievances, presented the following bills:
No. 31. A bill to incorporate the Western Virginia insurance company.
No. 32. A bill for the voluntary enslavement of Walker Fitz, a free negro.
No. 33. A bill to amend the 2d section of an act entitled an act incorporating the town of Bethany, passed April 6, 1853.
No. 34. A bill to incorporate the Capper's springs company.
No. 35. A bill to amend an act incorporating the town of Christiansburg, and extending the limits of the same.
Mr. CHAPMAN, from the committee of roads and internal navigation, presented the following bills:
No. 36. A bill authorizing the Norfolk and Petersburg rail road company to construct a branch of said road to some point on the North Carolina line.
No. 37. A bill to amend the charter of the Wheeling creek turnpike company.
No. 38. A bill incorporating the Norfolk county railway company.
No. 39. A bill to amend an act to increase the capital stock of the Richmond and Danville rail road company, and for other purposes.
Mr. KEMPER, from the committee on military affairs, presented the following bill:
No. 40. A bill to create an ordnance department; which, on his motion, was read the first time, and ordered to be read the second time.
On motion of Mr. TOMLIN,
Resolved, that the committee on finance enquire into the expediency of paying to James A. Bond a sum of money due for services rendered the 87th regiment of Virginia militia.
Mr. SMITH of Kanawha presented the petition of Jacob Goshorn and others; which was ordered to be referred to the committee of propositions and grievances.
On motion of Mr. RUTHERFOORD,
Resolved, that leave be given to withdraw from the files of the house, bill 67 of the last session, entitled a bill to give effect to the 19th clause of the 4th article of the constitution, and that the same be referred to the committee for courts of justice.
On motion of Mr. WALKER,
Resolved, that the committee on finance enquire into the expediency of refunding to Joseph Cline, or his representative, taxes erroneously paid.
On motion of Mr. WALKER,
Resolved, that the committee on finance enquire into the expediency of refunding to John W. Driver a license tax erroneously paid.
On motion of Mr. WALKER,
Resolved, that the committee on finance enquire into the expediency of refunding to Benjamin Hoover taxes erroneously paid.
On motion of Mr. CHRISTIAN,
Resolved, that the committee for courts of justice enquire into the expediency of continuing the organization of the special court of appeals, and transferring to such court, for adjudication, the criminal docket of the supreme court.
On motion of Mr. PHELPS,
Resolved, that the committee on finance enquire into the expediency
of relieving the securities of Hugh L. Pickens, late sheriff of Pleasants county, from the payment of damages imposed on them for the failure of said sheriff to pay the revenue of said county into the treasury within the time prescribed by law.
On motion of Mr. PHELPS,
Resolved, that the committee on finance enquire into the expediency of relieving the securities of Eugenius Tibbs, late sheriff of Ritchie county, from the payment of damages imposed on them for the failure of said sheriff to pay the revenue of said county into the treasury within the time prescribed by law.
On motion of Mr. LUCAS,
Resolved, that the committee of privileges and elections enquire into the expediency of establishing an additional election precinct at the mills of Willson Bane in Giles county.
On motion of Mr. LOCKRIDGE,
Resolved, that leave be given to withdraw from the files of this house, bill 189, and that the same be referred to the committee on finance.
Mr. BALLARD presented the petition of William Stratton of the county of Logan, praying to be released from certain fines, &c.; which was ordered to be referred to the committee for courts of justice.
Mr. BOREMAN presented the proceedings of a union meeting in Wood county; which was ordered to be referred to the committee on federal relations.
On motion of Mr. FROST,
Resolved, that the committee on banks enquire into the expediency of reporting a bill to amend the charter of the Bank of Ravenswood.
Mr. WALLACE presented the petition of citizens of Preston and Monongalia counties, asking the incorporation of a joint stock company to repair and macadamize the Morgantown and Beverley turnpike road; which was ordered to be referred to the committee of roads and internal navigation.
Mr. WALLACE presented the petition of citizens of Preston, Barbour and Monongalia counties, asking the incorporation of a joint stock company to repair and macadamize the Morgantown and Beverley turnpike road; which was ordered to be referred to the committee of roads and internal navigation.
Mr. WALLACE presented the petition of citizens of Monongalia county, praying a repeal of the license to sell breadstuffs; which was ordered to be referred to the committee of propositions and grievances.
On motion of Mr. GIBSON,
Resolved, that the committee on finance enquire into the expediency of allowing compensation to James Carscadon and William F. Davis, for services rendered the 77th regiment of Virginia militia.
Mr. SMITH of Amherst submitted the following resolution:
Resolved by the general assembly of Virginia, that the further strengthening of the forts in Virginia, and the removal of arms and munitions of war from arsenals within her limits by the government of the United States, will be regarded by the people as a menace or
threat of war; and that we pledge her faith to restore the forts, dock yards and arsenals in tact, if they shall be entrusted to her keeping in the event of a peaceable restoration of affairs; and in the event of a dissolution of the Union, to account for them in an equitable division of the public property; which was ordered to be referred to the committee on state and national affairs.
On motion of Mr. MAGRUDER,
Resolved, that the committee on finance enquire into the expediency of providing for defraying the expenses of transporting Galt's statue of Jefferson from Florence, procuring a pedestal for the same, and for properly setting it up.
On motion of Mr. WOOLFOLK,
Resolved, that the committee of privileges and elections be instructed to enquire into the expediency of reporting a bill to so amend the nineteenth section of the eighth chapter of the Code of Virginia, in reference to the compensation of officers conducting elections at the courthouses of the several counties in district elections, for making their returns, &c. in said districts, as to increase the same to at least an amount sufficient to pay the necessary expenses in traveling to and from as well as their necessary tavern expenses.
On motion of Mr. SMITH of Taylor,
Resolved, that leave be given to withdraw from the files of this house, bill 327, and that the same be referred to the committee of roads and internal navigation.
On motion of Mr. HARRISON,
Resolved, that the committee on banks enquire into the expediency of amending the charter of the Bank of Scottsville.
Mr. WITTEN presented the petition of Rowland Fletcher, praying relief as contractor on the Raleigh and Grayson turnpike; which was ordered to be referred to the committee on finance.
On motion of Mr. HACKLEY,
Resolved, that the committee of propositions and grievances enquire into the expediency of changing the place of holding the election in the Sperryville precinct of Rappahannock county, from the house of Miss Cenith Fuston, now Wm. F. Aurass, to the house of B. J. Holland, now occupied by Peter Baxter.
On motion of Mr. GIBSON of Jefferson,
Resolved, that leave be granted to withdraw from the files of the house, bill 383, and that the same be referred to the committee of schools and colleges.
On motion of Mr. GARRETT,
Resolved, that the committee for courts of justice enquire into the expediency of empowering the counties of Essex and King & Queen to issue bonds of the said counties for a sum, in the judgment of the courts, sufficient to arm the citizens of said counties against invasion.
On motion of Mr. WOOD,
Resolved, that the committee of roads and internal navigation enquire into the expediency of reporting a bill to amend the second section of an act passed January 3d, 1800, to authorize the opening
of a turnpike over the Southwest mountain in the county of Albemarle.
Mr. McGRUDER presented the remonstrance of one hundred and eleven citizens of Henrico county, against the proposed extension of the corporate limits of the city of Richmond; which was ordered to be referred to the committee of propositions and grievances.
On motion of Mr. MONTGOMERY,
Resolved, that leave be given to withdraw house bill 312 from the files of last session, and that the same be referred to the committee of roads and internal navigation.
Mr. WELCH presented the proceedings of a public meeting in Kanawha county; which were ordered to be referred to the committee on state and national affairs.
On motion of Mr. ALLEN,
Resolved, that the committee of claims enquire into the expediency of paying to James Patteson a claim against the commonwealth, amounting to $ 76.
On motion of Mr. MARTIN,
Resolved, that leave be given to withdraw from the files of the house, bill 548, and that the same be referred to the committee of propositions and grievances.
On motion of Mr. HOLDWAY,
Resolved, that leave be granted to withdraw from the files of this house, senate bill 236, and that the same be referred to the committee on finance.
On motion of Mr. MAUPIN,
Resolved, that the committee of propositions and grievances enquire into the expediency of amending the charter of the town of Guyandotte in the county of Cabell.
On motion of Mr. LYNN,
Resolved, that the committee on finance enquire into the expediency of granting relief to the securities of Milton Fitzhugh, late sheriff of Prince William county, for damages and fines paid by him.
Mr. LEFTWICH presented the petition of Ro. H. Gray, attorney for heirs of officers and soldiers of the revolutionary war; which was ordered to be referred to the committee of claims.
On motion of Mr. McKENZIE,
Resolved, that leave be given to withdraw from the files of the house of last session, bill 454, and that the same be referred to the committee of claims.
On motion of Mr. GIBSON of Hampshire,
Resolved, that four thousand copies of the act to provide for electing members of a convention, and to convene the same, be printed for the purpose of distribution, as specified in the said act, and among the members of the general assembly.
On motion of Mr. MATTHEWS,
Resolved, that the committee of propositions and grievances enquire into the expediency of amending the 2d section of an act passed the 27th March 1858, entitled an act to incorporate the town of Frankfort in the county of Greenbrier.
Mr. MATTHEWS presented the petition of sundry citizens of the town of Frankfort, praying for an amendment to the second section of an act passed 27th March 1858, entitled an act to incorporate the town of Frankfort in the county of Greenbrier; which was ordered to be referred to the committee of propositions and grievances.
A message was received from the senate, by Mr. WICKHAM, who informed the house that t