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(first title page) Journal of the House of Delegates of the State of Virginia, for the Session of 1863-64.
(second title page) Message of the Governor of Virginia, and Accompanying Documents.
(spine) Journal H. Delegates 1863 & 1864.
278, xxiv p.
Richmond
William F. Ritchie, Public Printer
1863
Call number 2356conf 1863 called session (Rare Book Collection, University of North Carolina at Chapel Hill)
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This day being the time fixed by law for the assembling of the general assembly, the SPEAKER called the house of delegates to order at 12 o'clock, meridian.
Prayer by Rev. Dr. Jeter of the Baptist church.
The roll was then called, when the following gentlemen answered to their names:
Messrs. Sheffey (speaker), Ambers, Baker, Barksdale, Bland, Bowles, Branch, Brooke, Burnett, Burr, Burwell, Cowan, Cox, Cresap, Crockett, Dickey, Draper, Duval, English, Flood, Graham, T. S. Haymond, Hoge, Hughes, Huntt, Hutcheson, J. B. Johnson, W. Johnson, Jones, Kaufman, Keiley, Lively, McCue, Melvin, Morgan, Murdaugh, Pitman, Randolph, Reid, Richardson, Robertson, Rust, D. J. Saunders, E. T. Saunders, Sherrard and Tomlin--46.
No quorum appearing,
On motion of Mr. FLOOD, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Jeter of the Baptist church.
The roll was called to ascertain if a quorum was present, when the following gentlemen answered to their names:
Messrs. Sheffey (speaker), Ambers, Baker, Bland, Branch, Brooke, Buford, Burnett, Burr, Butler, Burwell, Cowan, Cox, Cresap, Crockett, Deane, Deyerle, Dickey, Draper, Duval, English, Fletcher, Flood, Goodall, Graham, Hall, T. S. Haymond, Hendrick, Hoge, Huntt, Hutcheson, Irving, J. B. Johnson, W. Johnson, Jones, Kaufman, Lively, Lynch, McCue, McKinney, Melvin, Miller, Morgan, Murdaugh, R. E. Nelson, Noland, Parramore, Pitman, Reid, Riddick, Rowan, Rust, D. J. Saunders, E. T. Saunders, Sherrard, Stewart, R. F. Taylor, Tomlin, Winn, Winston, Woodley and Woolfolk--62.
No quorum appearing, Mr. MCCUE moved an adjournment; and the question being on agreeing thereto, was put, and decided in the negative--Ayes 15, noes 50.
On motion of Mr. DEANE, the vote was recorded as follows:
AYES--Messrs. Ambers, Bland, Burnett, Burr, Butler, Cox, Fletcher, Hughes, Lively, McCue, Noland, Parramore, Pitman, Rowan, and Sherrard--15.
NOES--Messrs. Sheffey (speaker), Baker, Branch, Brooke, Buford, Burwell, Cowan, Cresap, Crockett, Deane, Deyerle, Dickey, Draper, Duval, English, Flood, Goodall, Graham, Hall, T. S. Haymond, Hendrick, Hoge, Huntt, Hutcheson, Irving, J. B. Johnson, W. Johnson, Jones, Kaufman, Lynch, McKinney, Melvin, Miller, Morgan, Murdaugh, R. E. Nelson, Reid, Riddick, Robertson, Rust, D. J. Saunders, E. T. Saunders, Stewart, R. F. Taylor, Tomlin, S. M. Wilson, Winn, Winston, Woodley and Woolfolk--50.
A message was received from the senate by Mr. CHRISTIAN, the senator from Augusta, who informed the house of delegates that the senate was organized, and ready to proceed to business.
On the last vote, no quorum voting, Mr. BROOKE moved a call of the house, and the question being on agreeing thereto, was put, and decided in the affirmative.
The roll was then called the first and second times, and the following members noted as absent:
Messrs. Anderson, Barksdale, Bouldin, Bowen, Bowles, Bryan, Buffington, Coke, Crawford, Cummings, Custis, Douthat, Edwards, Evans, Fauntleroy, Ferguson, Fleming, A. Fry, W. O. Fry, Gilmer, Goodykoontz, Harris, L. D. Haymond, Herndon, Hiett, Holden, Horton, F. C. S. Hunter, R. W. Hunter, James, Jordan, Keiley, Kenney, Kindrick, Linkous, Lundy, Lurty, Magruder, Maguire, Marr, Marye, Mathews, McCutchen, McElroy, McMillan, McNeil, Meade, Monroe, Mullens, C. A. Nelson, Nighbert, Patterson, Pendleton, Pretlow, Powell, Randolph, Rixey, J. A. Robinson, Rutherfoord, F. Saunders, Scott, Shackleford, Shelton, Smith, Snowden, Staples, T. W. Taylor, Thomas, Thompson, Tibbs, Tredway, J. Walker, J. C. Walker, Walton, Ward, Welsh, N. W. White, R. J. White, Williams, J. L. Wilson, Worsham and Wright--65.
It appearing that only sixty-six members (less than a quorum) had answered to their names, the doors were closed by order of the Speaker.
Mr. MCCUE moved an adjournment, and the question being on agreeing thereto, was put, and decided in the negative--Ayes 26, noes 39.
On motion of Mr. BUFORD, the vote was recorded as follows:
AYES--Messrs. Ambers, Burnett, Butler, Cowan, Cox, Cresap, Draper, Duval, English, Hall, Hoge, W. Johnson, Kaufman, Lively, McCue, Murdaugh, Noland, Parramore, Pitman, Randolph, Rowan, Sherrard, R. F. Taylor, S. M. Wilson, Woodley and Woolfolk--26.
NOES--Messrs. Sheffey (speaker), Baker, Bland, Branch, Brooke, Buford, Burr, Burwell, Crockett, Deane, Deyerle, Dickey, Fletcher, Flood, Goodall, Graham, T. S. Haymond, Hendrick, Hughes, Huntt, Hutcheson, Irving, J. B. Johnson, Jones, Lynch, McKinney, Melvin, Miller, R. E. Nelson, Richardson, Riddick, Robertson, Rust, D. J. Saunders, E. T. Saunders, Stewart, Tomlin, Winn and Winston--39.
Mr. BUFORD moved that further proceedings under the call be dispensed with; and the question being on agreeing thereto, Mr. BUFORD asked leave to withdraw the motion. Objection being made, and the question recurring on agreeing to the motion--pending the consideration thereof,
On motion of Mr. WOOLFOLK, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Jeter of the Baptist church.
The roll was called, when the following delegates answered to their names:
Messrs. Sheffey (speaker), Ambers, Baker, Barksdale, Bland, Bowen, Branch, Brooke, Buford, Burnett, Burr, Butler, Burwell, Cox, Cresap, Crockett, Cummings, Deane, Deyerle, Dickey, Draper, Duval, English, Fletcher, Flood, Goodall, Goodykoontz, Graham, T. S. Haymond, Hendrick, Hoge, Hughes, Huntt, Hutcheson, Irving, J. B. Johnson, W. Johnson, Jones, Jordan, Kaufman, Keiley, Lively, Lynch, Magruder, Marr, McCue, McKinney, Meade, Melvin, Miller, Morgan, Murdaugh, R. E. Nelson, Noland, Parramore, Pitman, Powell, Reid, Richardson, Riddick, Robertson, Rowan, Rust, D. J. Saunders, E. T. Saunders,
F. Saunders, Sherrard, Stewart, R. F. Taylor, Tomlin, Tredway, J. Walker, N. W. White, Winn, Winston, Woodley, Woolfolk and Worsham--78.
A quorum appearing, on motion of Mr. HAYMOND of Marion a committee was appointed consisting of Messrs. Haymond, Woolfolk and Flood, 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.
Subsequently, Mr. HAYMOND, from the committee, reported that the committee 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, read, and on motion of Mr. BURWELL, laid on the table and ordered to be printed.--[For message, see Doc. No. 1, appended to this volume.]
On motion of Mr. JONES,
Resolved, that the senate be informed that the house is now organized, and ready to proceed to business.
Ordered, Mr. JONES inform the senate thereof.
Mr. HAYMOND submitted the following resolution; which being objected to, was laid over under the rule:
Resolved, that the bills pending and not acted upon during the late extra session of this legislature, be continued upon the calendar at this session, and acted upon as bills on their first reading, in the order in which they stand on the calendar, as fixed by the clerk, by order of the house of delegates, at its said extra session.
Mr. MAGRUDER presented the petition of citizens of Nelson, praying to be annexed to Albemarle; which was ordered to be referred to the committee of propositions and grievances.
On motion of Mr. MAGRUDER,
Resolved, that the committee of propositions and grievances enquire into the expediency of reporting a bill changing and defining the line between the counties of Albemarle and Nelson.
On motion of Mr. MCCUE,
Resolved, that bill 49, of last session, be withdrawn from the files of the house, and be referred to the committee on agriculture and manufactures.
On motion of Mr. DEANE,
Resolved, that the auditor of public accounts furnish this house with the following information, to wit:
1. The number of slaves listed for taxation in the counties and corporations from which returns have been received for the year 1863; the number of horses, mules, asses and jennets; the number of cattle; the number of sheep and the number of hogs listed for taxation during the same year within the same district--showing the same separately by counties and corporations, and the aggregates thereof.
2. The number of slaves in the counties and corporations aforementioned, enumerated in the census of 1860; the number of horses, mules, asses and jennets; the number of sheep and the number of hogs listed for taxation in the same counties and corporations during the year 1860--showing the same as aforesaid separately by counties and corporations, and the aggregates thereof.
3. That as far as practicable, he ascertain and report the increase or loss of the several subjects named, as well in the district from which returns have been received, as from the state at large.
On motion of Mr. FLOOD,
Resolved, that the committee on banks enquire into the expediency of authorizing the banks of this commonwealth to redeem their notes, issued prior to the first of January 1862, in the treasury notes of the Confederate States, by an act declaring that the said banks shall be discharged from the payment of all their said notes as shall not be presented for payment according to their tenor, in the treasury notes aforesaid, before the 1st day of July 1864, unless it be made to appear that such notes as may be thereafter presented for payment as aforesaid, have not been the property, or in the possession of an alien enemy, since the said first day of January 1862, and that said committee report by bill or otherwise.
On motion of Mr. CROCKETT,
Resolved, that the committee on roads and internal navigation enquire into the expediency of increasing the capital stock of the Wytheville and Grayson turnpike company.
A message was received from the senate by Mr. DICKINSON, who informed the house of delegates that the senate had unanimously agreed to the following preamble and resolutions:
Whereas it pleased Almighty God, on the 3d day of December 1863, to remove from among us our late colleague, John Seddon of the county of Stafford, and it is the desire of the senate to testify its high appreciation of the manly virtues and public services of the deceased:
Resolved, that in the death of Mr. Seddon the country has lost a brave and unselfish patriot, who, spurning the ease and security of an honorable civil position, sprang to arms at the first call of Virginia, and cheerfully encountered all the dangers and hardships of three campaigns, in defence of her soil and sovereignty against the common enemy of the Confederacy.
Resolved, that as a member of the house of delegates for several sessions, and subsequently as state senator, Mr. Seddon was diligent and faithful in the discharge of his representative duties, exhibiting at all times an integrity of purpose, a boldness of action and an intellectual power, that justly obtained for him the admiration and esteem of his colleagues and the unvarying support of his constituents.
Resolved, that apart from his character and excellencies as a public man, his amiable disposition, his genial manners and gentle deportment in the council and in the social circle, endeared him to us as a true and faithful friend, an honorable opponent and ever acceptable companion, whose loss we deeply deplore, and over whose untimely end we desire to mingle our sympathetic grief with the more bitter sorrow of his afflicted family.
Resolved, that we tender our heartfelt condolence to the bereaved widow and sorrowing relatives of the deceased, and that in honor of his memory we will wear the usual badge of mourning for thirty days.
Resolved, that a copy of these resolutions be communicated to the widow of the deceased.
Mr. JONES submitted the following preamble and resolutions:
The house of delegates have received with deep regret the official announcement of the death of John Seddon, late a senator from the 23d district. Called into public life in his early manhood, he exhibited, in a long service upon this floor, ability, fidelity and unswerving attachment to the rights, interest and honor of his mother state and of her sister states of the south. In the memorable session of the general assembly which originated the measures which resulted in the secession of Virginia, Mr. Seddon bore an active and distinguished part. After a gallant and arduous service in the field, his return to the public councils as a senator created among his numerous and devoted friends bright hopes of a future career of usefulness and honor. But "the glories of our mortal state are shadows--not substantial things."
Resolved, that in testimony of our respect for the memory of the deceased, the members of this house will wear the usual badge of mourning for thirty days.
Resolved, as a further mark of respect, this house do now adjourn.
Resolved, that the clerk communicate a copy of these proceedings to the family of the deceased.
The question being on agreeing thereto, was put, and decided in the affirmative by an unanimous vote.
On motion of Mr. HAYMOND of Marion, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Jeter of the Baptist church.
ROBERT B. FAUNTLEROY, a delegate from the counties of Matthews and Middlesex, appeared, was qualified and took his seat.
On motion of Mr. MAGRUDER,
Resolved, that the committee on finance enquire into the expediency of reporting a bill amending the 40th section of the act passed 28th March 1863, imposing taxes for the support of government.
On motion of Mr. DICKEY,
Resolved, that the committee on finance enquire into the expediency of releasing the securities of R. P. Baker, late sheriff of Grayson county, of certain damages.
On motion of Mr. BUTLER,
Resolved, that senate bill 81 (session 1862-3) be withdrawn from the files of the house, and referred to the committee on finance.
On motion of Mr. WORSHAM,
Resolved, that the committee on lunatic asylums enquire into the expediency of reporting a bill directing the auditor of public accounts to pay the steward of the Eastern lunatic asylum his salary from the 1st day of January 1863 to the 1st day of May 1863, inclusive.
On motion of Mr. WORSHAM,
Resolved, that the committee on finance enquire into the expediency of allowing the claim of H. J. Hartwell, sheriff of Dinwiddie county, for a certain sum of money due him for transporting and conveying two lunatics from the said county to the Eastern lunatic asylum.
On motion of Mr. BARKSDALE,
Resolved, that so much of the governor's message as relates to impressment of slaves to work on fortifications be referred to a select committee.
On motion of Mr. MEADE,
Resolved, that the committee for courts of justice enquire into the expediency of so amending the criminal laws of the commonwealth as to prohibit any person from being confined in the penitentiary for a shorter period than three years.
On motion of Mr. WOODLEY,
Resolved, that so much of the governor's message as relates to schools and colleges and the university of Virginia, be referred to the committee of schools and colleges.
On motion of Mr. JONES,
Resolved, that the proceedings of the county court of Northumberland county, presented at the late extra session of the general assembly, relative to the ineligibility of Edward S. Betts, as a delegate to represent the counties of Lancaster and Northumberland in the house of delegates, be referred to the committee of privileges and elections.
On motion of Mr. KAUFMAN,
Resolved, that so much of the governor's message as relates to the paymaster general of the Virginia forces, be referred to the committee on military affairs.
On motion of Mr. LYNCH,
Resolved, that the salt committee enquire whether some legislation is not necessary to prevent speculators from buying up salt claims from citizens within the enemy's lines, with the view of speculating in the same.
On motion of Mr. WOOLFOLK,
Resolved, that the committee on salt enquire into the expediency of increasing the number of clerks allowed the superintendent of salt.
On motion of Mr. BROOKE,
Resolved, that a select committee enquire into the expediency of making provision, by an appropriation from the public treasury, or otherwise, for the relief of the indigent soldiers and their families residing in counties where, by reason of the presence or proximity of the public enemy, the existing law making provision for such cases cannot be carried into effect.
Mr. KEILEY presented the petition of thirty-nine clerks and commissioners in chancery, for an increase of fees; which was ordered to be referred to the committee for courts of justice.
Mr. DUVAL presented the petition of A. G. Ingraham, asking to be relieved of certain damages; which was ordered to be referred to the committee on finance.
Mr. BURR presented the petition of M. G. Whitman, for remission of a tax; which was ordered to be referred to the committee on finance.
Mr. KEILEY gave notice that he would on to-morrow move an amendment to the rules of the house as follows:
"Resolutions of enquiry to be referred to any of the standing committees of this house, and all amendments thereto, shall be submitted without debate."
The resolution heretofore submitted by Mr. HAYMOND of Marion, was taken up, amended, and as amended agreed to.
The resolution is as follows:
Resolved, that the bills pending and not acted upon at the late extra session of this legislature, be continued upon the calendar at this session, and acted upon as bills of this house on their first reading, in the order in which they stand upon the calendar, as fixed by the clerk, by order of the house of delegates, at its said extra session.
These bills are as follow:
to pay their indebtedness to the commonwealth in a certain manner.
manufactured in the state, and to regulate the sale of all other goods, wares and merchandise in the same.
Mr. HAYMOND of Marion submitted the following resolution; which being objected to, was laid over under the rule:
Resolved, with the consent of the senate, that the joint committee appointed at the late extra session of the general assembly on the subject of salt, be continued during the present session of the general assembly, and that it shall consist of the same members heretofore appointed, until otherwise ordered by either house as to its own committee.
On motion of Mr. NELSON of Fluvanna, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Jeter of the Baptist church.
The SPEAKER announced the following select committee under the resolution in relation to the impressment of slaves: Messrs. Barksdale, Powell, Magruder, Gilmer, Worsham, McCue, Draper, Reid and Butler.
The SPEAKER announced the following select committee under the resolution respecting provision for families of indigent soldiers who cannot have the benefit of the act passed at the late session of the general assembly: Messrs. Brooke, Baker, Marye, Richardson, Riddick, Hendrick, Monroe, Kaufman, Melvin, Williams and Fauntleroy.
Mr. BURWELL presented the petition of James Lancaster, praying that a fine imposed upon him under the provisions of an act to provide for the public defence, shall be released or refunded: which was ordered to be referred to the committee on finance.
Mr. WILSON of Isle of Wight moved to suspend the rule, with a view to reconsider the vote by which the house agreed to a resolution placing the bills of the last extra session upon the calendar of this session; and the question being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. MAGRUDER,
Resolved, that the committee of roads and internal navigation enquire into the expediency of reporting a bill amending the 21st section of chapter 66 of the Code, in regard to the appointment of directors and proxies in internal improvement companies by the board of public works.
On motion of Mr. IRVING,
Resolved, that it be referred to the committee for courts of justice to enquire and report, by bill or otherwise, what legislation is necessary to prevent and punish unlawful trading by employees on boats running on the rivers and canals of this commonwealth, and to take away the facilities now enjoyed by said boats for the escape of slaves and the removal of stolen property.
Mr. MCKINNEY submitted the following resolution; which being objected to, was laid over under the rule:
Resolved by the general assembly of Virginia, that our senators be instructed and our representatives be requested to urge the passage of a bill to double the pay of the privates and non-commissioned officers of our army, and to increase in like ratio the pay for the use of cavalry horses, and to compensate their owners for the loss of them (whether killed in actual battle or not), if the officer in command of the company will certify that it was not the result of negligence, and to issue rations of tobacco.
On motion of Mr. WINSTON,
Resolved, that the committee for courts of justice enquire into the expediency of so amending the act passed at the called session, to amend and re-enact an act passed March 11, 1863, in relation to the unnecessary consumption of grain by distillers, &c., as to authorize, for a limited period, the distillation of the juice of molasses cane or sorghum, heretofore prepared for the purpose, under a misapprehension of the license law.
On motion of Mr. BROOKE,
Resolved, that the committee for courts of justice enquire into the expediency of amending the act passed March 5, 1863, entitled an act authorizing fiduciaries to invest funds in their hands in certain cases, and for other purposes.
On motion of Mr. WALKER of Augusta,
Resolved, that so much of the governor's message as refers to the impressment of supplies, be referred to the committee on confederate relations.
Mr. PITMAN submitted the following resolution:
Resolved, that the committee of propositions and grievances be and are hereby required to enquire into the expediency of having the eagle perched over the Speaker's chair removed, and a more suitable emblem elevated in its stead; and the question being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. FRY of Madison,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of amending the 27th section of chapter 122, Code of Virginia (edition of 1860), so that wills, or any such authenticated copy, may be admitted to probate, by proving the handwriting of the witnesses, whenever such witnesses may be prisoners of war, residents within the lines of the enemy, or soldiers in the confederate army.
On motion of Mr. DEANE,
Resolved, that the committee on banks enquire into the expediency of so amending the law as to require all bank directors, whether elected or appointed, to be stockholders; and further to require those stockholders receiving their dividends at branch banks, to meet, either in person or by proxy, at least ten days before the annual meeting of the stockholders, and appoint their proxy to represent them in said meeting, and that the cashiers of the branch banks shall give at least ten days' notice of such meeting; and farther to prevent
all mother or branch banks and other incorporated companies owning their own stock, from having said stock represented in any meeting of the stockholders of said bank, or any of its branches.
On motion of Mr. SAUNDERS of Pendleton,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of so amending the criminal law as to make horse stealing a capital offence.
On motion of Mr. HUTCHESON,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of so amending the stay law, passed March 29, 1862, as to authorize the collection of debts due by all parties not in the army.
The following resolution, heretofore submitted by Mr. HAYMOND of Marion, was taken up, on motion of Mr. WINSTON:
Resolved, with the consent of the senate, that the joint committee appointed at the late extra session of the general assembly, on the subject of salt, be continued during the present session of the general assembly, and that it shall consist of the same members heretofore appointed, until otherwise ordered by either house as to its own committee.
Mr. DEANE moved to amend the resolution, by striking out the entire resolution, and inserting the following:
"Resolved by the general assembly, that in addition to the other standing committees, there shall be appointed at the present, and every ensuing session during the war, a joint committee on salt."
Mr. TOMLIN moved to amend the amendment, by adding thereto the following:
"And that during the present session the members of the joint committee on the part of the house during the extra session, shall constitute the committee on the part of the house."
The question being on agreeing to the amendment to the amendment, was put, and decided in the negative.
The question recurring on agreeing to the amendment, was put, and decided in the negative.
The original resolution was then agreed to.
Ordered, that the clerk communicate the same to the senate, and request their concurrence.
Mr. BUFORD moved that bill 55, entitled a bill to reorganize the militia, be recommitted to the committee on military affairs: pending the consideration of which,
On motion of Mr. PRETLOW, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Jeter of the Baptist church.
Mr. HAYMOND, from the committee on finance, presented the following bill:
No. 58. A bill for the relief of the securities of R. P. Baker, late sheriff of Grayson county.
On motion of Mr. DUVAL,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill repealing an act providing for the exemption of certain parties upon religious grounds, passed March 29th, 1862.
On motion of Mr. SHELTON,
Resolved, that the committee of propositions and grievances be instructed to enquire into the expediency of reporting a bill amending the 6th section, chapter 98 of the Code of Virginia, so as to increase the compensation of patrols.
On motion of Mr. LIVELY,
Resolved, that the committee on finance enquire into the propriety of exempting by law Virginia soldiers in the Confederate States service from state and county tax, except upon real and personal property.
On motion of Mr. REID,
Resolved, that the outlines of a tax bill, prepared by the auditor of public accounts, in pursuance of a joint resolution of the general assembly, adopted March 31st, 1863, be referred to the committee on finance.
On motion of Mr. MAGRUDER,
Resolved, that the committee of propositions and grievances enquire into the expediency of reporting a bill amending the charter of the Charlottesville savings institution, so as to reduce the number of directors.
On motion of Mr. BARKSDALE,
Resolved, that the committee on the penitentiary enquire into the expediency of purchasing or impressing one of the coal mines in the vicinity of Richmond, and making the same a part of the penitentiary, for the purpose of employing the convicts of the penitentiary.
On motion of Mr. MARYE,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of providing by law for the enforcement and execution of all judgments and liens created by deeds, where such enforcement will affect the property only of alien enemies.
On motion of Mr. HUTCHESON,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of so amending chapter 186 of the Code of Virginia (1860), as to authorize or require the court of appeals to try, hear and determine at its sessions in the city of Richmond, during the continuance of the present war, all such cases as by the 7th section of said chapter are required to be tried at Lewisburg.
On motion of Mr. BUFFINGTON,
Resolved, that the committee on finance be instructed to enquire into the propriety of remunerating loyal citizens for losses sustained under the operation of a proclamation issued by the governor of this commonwealth on the 11th day of May 1861.
On motion of Mr. DEYERLE,
Resolved, that the committee on agriculture and manufactures enquire what legislation is necessary to enable the farmers to procure a supply of plaster for agricultural purposes.
On motion of Mr. MEADE,
Resolved, that the committee on finance enquire into the expediency of increasing the fees and compensation of commissioners of the revenue of the commonwealth.
On motion of Mr. DEANE,
Resolved, that the committee of roads and internal navigation enquire into the expediency of so amending existing laws prescribing the rate of tolls which may be charged by the rail road companies of the commonwealth, as to increase the maximum rate during the continuance of the war.
On motion of Mr. RUTHERFOORD,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill against trade combinations.
On motion of Mr. HUTCHESON,
Resolved, that a special committee be appointed to ascertain the propriety of making an appropriation from the treasury of the state for the purpose of providing suitable clothing for the destitute soldiers from the state of Virginia now in the confederate army.
On motion of Mr. MEADE,
Resolved, that the committee for courts of justice enquire into the expediency of authorizing the county courts to allow counsel assigned to defend slaves a reasonable compensation for their services.
Mr. PRETLOW submitted the following resolution:
Resolved, that our senators be instructed and our representatives in congress be requested to use their best endeavors to effect the repeal of the impressment law of the Confederate States, or to so remodify the law as that the government shall pay the market prices whenever impressment shall be necessary; which being objected to, was laid over under the rule.
On motion of Mr. WALKER of Rockingham,
Resolved, that a joint committee of the two houses of the general assembly, to consist of three on the part of the senate, and five on the part of the house, be appointed to inform William Smith and Samuel Price of their election respectively to the offices of governor and lieutenant governor of the commonwealth.
Ordered, that the clerk communicate the same to the senate, and request their concurrence.
Mr. ROBERTSON presented the memorial of the committee on public buildings of the house of representatives of the congress of the Confederate States, for leave to erect a temporary addition to their hall; which was ordered to be referred to the committee of propositions and grievances.
Mr. KENNEY presented the petition of F. K. Spirk and other citizens of the town of Bridgewater, in the county of Rockingham, praying an amendment of the charter of said town; which was ordered to be referred to the committee of propositions and grievances.
On motio of Mr. WALKER of Augusta,
Resolved, that leave be given to withdraw from the files of the house, the petition of Peter Ingleman, and that the same be referred to the committee on finance.
The following bills were read a first time, and ordered to be read a second time:
27th, 1862, and to repeal the act amending the same, passed October 4th, 1862.
The following bills were read a second time, and on motions severally made, laid on the table:
On motion of Mr. HAYMOND of Marion, the house adjourned until Monday, 12 o'clock.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. MAGRUDER, from the committee of propositions and grievances, presented the following bill:
No. 59. A bill to authorize the Charlottesville savings bank to reduce the number of its directors.
Mr. BURWELL, from the committee of roads and internal navigation, presented the following bill:
No. 60. A bill to amend the 1st section of an act passed 13th April 1852, entitled an act to authorize the construction of the Wytheville and Grayson turnpike, and to make branches thereof to the lead mines of Wythe county, and to Hillsville, in Carroll county.
The SPEAKER presented the petition of William A. McMullen, praying the release of tax on certain slaves; which was ordered to be referred to the committee on finance.
The SPEAKER presented the petition of James Lesley and twenty others, citizens of Augusta, praying that the gate near Staunton, on the Staunton and Parkersburg road, be thrown open; which was ordered to be referred to the committee of roads and internal navigation.
On motion of Mr. FRY of Giles,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of making provision by law allowing Virginia soldiers in camp and elsewhere to vote for county officers in their respective counties.
On motion of Mr. WALKER of Augusta,
Resolved, that the committee on banks enquire into the expediency of reporting a bill to amend the charter of the Central Bank of Virginia.
On motion of Mr. BRANCH,
Resolved, that the committee for courts of justice enquire into the expediency of amending the 16th section of the 171st chapter of the Code, so as to authorize the appointment of a guardian ad litem for a married woman at rules.
On motion of Mr. HAYMOND of Braxton,
Resolved, that the joint committee on the subject of salt enquire into the expediency of continuing the manufacture of salt by the state at Saltville, Virginia, for a longer period than that for which provision by law is already made, in order that if it be deemed expedient, the labor necessary for that purpose may be procured at the beginning of the ensuing year.
The amendment to the rules of the house, heretofore submitted by Mr. KEILEY, was taken up, on his motion.
The amendment is as follows:
"Resolutions of enquiry to be referred to any of the standing committees of this house, and all amendments thereto, shall be submitted without debate."
Mr. HAYMOND moved to amend the proposed addition to the rules;
and the question being on agreeing thereto, Mr. COWAN moved to lay the resolution and amendment on the table; and the question being on agreeing thereto, Mr. HALL moved the indefinite postponement of the whole subject; and the question being on agreeing thereto, Mr. KEILEY, by consent of the house, withdrew the resolution.
On motion of Mr. MAGRUDER,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill so amending the 5th section of chapter 148 of the Code, as to make the owners of boats navigating canals and rivers, liable for the value of slaves transported without authority and lost.
On motion of Mr. SCOTT,
Resolved, that the committee on confederate relations enquire into the expediency of reporting a bill providing a further remedy for the compensation of slaves owned by the citizens of this commonwealth, escaping or dying while in the service of the confederate government.
On motion of Mr. DEANE,
Resolved, that the committee on finance enquire into the expediency of so amending existing laws as to increase the fees of notaries public.
On motion of Mr. BUFORD,
Resolved, that the committee of propositions and grievances be instructed to enquire into the expediency of amending the charter of the Union female college in the town of Danville.
On motion of Mr. BROOKE,
Resolved, that the committee on the penitentiary enquire into the expediency of providing by law for the purchase or lease, on behalf of the state, of a colliery or collieries in the vicinity of Richmond, and the incorporation of such property with the penitentiary, in such manner as that the same be operated for the benefit of the commonwealth, by such of the convicts in the penitentiary as the governor may from time to time assign thereto, and under such regulations as may secure the safe-keeping of such convicts.
On motion of Mr. HUTCHESON,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of repealing, during the existence of the present war, sections 4 to 24, inclusive, of chapter 162 of the Code of 1860, providing for the organization of juries in civil cases, and substituting instead thereof sections 5, 6, 7 and 8 of chapter 162 of the Code of 1849.
On motion of Mr. HAYMOND of Marion,
Resolved, that the committee of roads and internal navigation enquire into the propriety of repealing the several acts incorporating turnpike companies, passed before the commencement of the present war, where the state will be a subscriber when a company shall be organized.
On motion of Mr. NELSON of Fluvanna,
Resolved, that the committee of roads and internal navigation enquire into the expediency of so amending the charter of the Rivanna navigation company, as to authorize an increase of the tolls on the same.
On motion of Mr. WALKER of Rockingham,
Resolved, that the committee of roads and internal navigation enquire into the expediency of authorizing turnpike companies that have kept their roads in repair, to increase their rates of tolls, and to regulate transportation on their roads.
On motion of Mr. BUFORD,
Resolved, that the committee of propositions and grievances be instructed to enquire into the expediency of authorizing the town of Danville to acquire lands in the county of Pittsylvania, for the purpose of a cemetery, and for other purposes.
On motion of Mr. ROBERTSON,
Resolved, that the committee of roads and internal navigation be instructed to enquire into the expediency of granting authority to the Richmond and Petersburg rail road company to acquire and hold timbered land in the county of Chesterfield, not exceeding in quantity three thousand acres in all.
On motion of Mr. PRETLOW,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill authorizing the representatives of A. B. Urquhart, Joseph E. Gillett and Madison J. Davis of Southampton county, to continue the slaves and other property, of a personal and perishable nature, lately owned by said parties, now dead, on the land lately owned by them, and to cultivate the same for the benefit of the parties respectively interested in said estates.
On motion of Mr. BARKSDALE,
Resolved, that the committee for courts of justice enquire into the expediency of amending chapter 109 of the Code of 1860, concerning divorces.
On motion of Mr. CUMMINGS,
Resolved, that the board of public works, acting as supervisors of salt, be requested to furnish this house with copies of the contracts under which eight of the ten state furnaces are now being operated; and that they report what amount of money has been paid over to the state under said contracts, stating separately the amount paid upon each contract.
Resolved, that the said board of supervisors be instructed to ascertain the terms upon which the ten state furnaces, or any of them, can be leased (the rent to be paid in salt) from the 1st of January 1864 to the 8th day of June text; and that they make report thereof to this house at as early a day as practicable; and that said board report to this house the quantity of state and confederate salt on hand at Saltville on the first day of the present month.
A message was received from the senate by Mr. JOHNSON, who informed the house of delegates that the senate had passed a bill entitled an act authorizing the increase of the capital stock of the Virginia and Tennessee rail road company, No. 1, and a joint resolution for a recess of the general assembly: in which bill and resolution they respectfully requested the concurrence of the house of delegates.
The resolution for the recess of the general assembly, was taken up, on motion of Mr. HAYMOND of Marion.
The resolution is as follows:
Resolved, that the two houses of the general assembly will take a recess from Monday the 21st instant, until Wednesday the 6th day of January 1864.
Mr. BUFORD moved to amend the resolution, by striking out "Monday the 21st," and inserting "Saturday the 19th."
Mr. JAMES moved to amend the amendment, by inserting "Wednesday the 23d;" and the question being on agreeing thereto, was put, and decided in the negative.
The question recurring on agreeing to the amendment, was put, and decided in the negative.
Mr. WORSHAM moved the indefinite postponement of the resolution; and the question being on agreeing thereto, was put, and decided in the negative--Ayes 22, noes 68.
On motion of Mr. WORSHAM, the vote was recorded as follows:
AYES--Messrs. Bland, Bowles, Brooke, Buffington, Burnett, Burr, Cox, Cresap, Crockett, Deane, A. Fry, Hall, Holden, Huntt, Hutcheson, James, Kindrick, McKinney, Melvin, Miller, Pitman, Stewart and Worsham--22.
NOES--Messrs. Barksdale, Bouldin, Bowen, Branch, Bryan, Buford, Burwell, Cummings, Deyerle, Dickey, Douthat, Draper, Duval, English, Evans, Fauntleroy, Ferguson, Fleming, Fletcher, Flood, W. O. Fry, Gilmer, Goodall, Goodykoontz, Graham, Harris, L. D. Haymond, T. S. Haymond, Irving, J. B. Johnson, W. Johnson, Jordan, Kaufman, Keiley, Kenney, Lively, Lynch, Magruder, McCue, McNeil, Meade, Monroe, Morgan, Mullens, R. E. Nelson, Patterson, Pretlow, Reid, Rowan, Rust, D. J. Saunders, F. Saunders, Scott, Shelton, Sherrard, Smith, T. W. Taylor, Thomas, Tredway, J. Walker, J. C. Walker, Walton, Ward, R. J. White, Williams, J. L. Wilson, Winn and Woodley--68.
The question being on agreeing to the resolution from the senate, was put, and decided in the affirmative.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. LIVELY, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Duncan of the Methodist church.
A message from the senate, by their clerk, was read as follows:
IN SENATE, Dec. 14, 1863.
The senate have agreed to a joint resolution reviving the select joint committee on salt, and a joint resolution for the appointment of a committee to inform the governor and lieutenant governor elect of their election.
No. 1. A senate bill entitled an act authorizing the increase of the capital stock of the Virginia and Tennessee rail road company, was read a first and second times, and ordered to be referred to the committee of roads and internal navigation.
Mr. Fauntleroy was added to the committee on the penitentiary.
On motion of Mr. HAYMOND of Braxton,
Resolved, that the committee on agriculture and manufactures
enquire whether it is necessary for the production of clover and for other agricultural purposes, that the farmers in certain sections of the commonwealth should be furnished with plaster of paris or other fertilizing substances; and if found necessary, that they further enquire whether it is expedient and proper to organize a system, with proper restrictions, for the production and distribution of such fertilizers; and for this purpose, that they be authorized to ascertain the terms upon which real estate containing such fertilizers can be leased for a term of years, or purchased by the state.
Mr. HAYMOND of Braxton submitted the following resolution:
Resolved by the general assembly of Virginia, that so soon as the present session of this body shall terminate, all of the able bodied members of the same will attach themselves to some branch of the confederate military service, and continue therein until required to resume their civil duties in said body; which being objected to, was laid over under the rule.
On motion of Mr. BUFORD,
Resolved, that the committee on military affairs be instructed to enquire into the expediency of providing by law for a more effective organization of the population capable of bearing arms, and not now in the confederate service.
On motion of Mr. AMBERS,
Resolved, that leave be given to withdraw from the files of this house the petition of Lieut. Col. Wm. B. Ball, praying to be relieved from payment of money for shoes furnished a volunteer company, and that the same be referred to the committee on finance.
On motion of Mr. SMITH,
Resolved, that the committee on military affairs be instructed to enquire into the expediency of reporting a bill authorizing the purchase of the surplus blankets in the state for the use of the Virginia soldiers in the service of the Confederate States; and where such purchase cannot be made, that some provision be made for the impressment of the same upon just and equitable principles.
On motion of Mr. HUTCHESON,
Resolved, that the committee for courts of justice enquire into the expediency of reporting a bill providing for the holding an election for judges of court of appeals, in accordance with the provisions of section 16, chapter 6, of the constitution of Virginia.
On motion of Mr. WOODLEY,
Resolved, that the committee of roads and internal navigation be directed to enquire into the propriety of prohibiting all agents and other employees of the rail roads within this commonwealth from buying any articles intended for the use and consumption of the cities and towns of the state.
On motion of Mr. HUTCHESON,
Resolved, that the committee for courts of justice be authorized to enquire into the expediency of reporting a bill requiring the county courts to levy at least two-thirds of the county levies for the support of the families of soldiers in the confederate army, upon property, and of releasing the soldiers from the payment of the capitation tax.
On motion of Mr. STEWART,
Resolved, that the committee of roads and internal navigation enquire into the expediency of making an appropriation for the purpose of constructing a rail road from some point on the Virginia Central rail road not east of Staunton, to connect with the Baltimore and Ohio rail road at some point not west of the junction at Grafton.
Mr. NELSON of Fluvanna submitted the following resolution; which being objected to, was laid over under the rule:
Resolved, that the joint committee on salt be enlarged, by the addition of one member on the part of the senate and three on the part of the house.
Mr. MELVIN submitted the following resolution; which being objected to, was laid over under the rule:
Resolved, that our senators be instructed and our representatives in congress requested to use their utmost exertions to secure the passage of a law to exempt from the payment of the tax in kind a sufficiency of pork raised by the families of soldiers for their own use, where said soldiers are in actual service in the field, or have been so disabled from wounds received in battle as to render them unable to perform manual labor.
On motion of Mr. MCCUE,
Resolved, that the committee on agriculture and manufactures enquire into the expediency of procuring machinery and establishing a manufactory of cotton and wool cards, as well as clothing for woolen manufactories.
On motion of Mr. BURR,
Resolved, that the committee on finance enquire into the expediency of amending an act to amend the 4th and 5th sections of the 87th chapter of the Code of Virginia, relating to rent and inspection fees to be paid on tobacco in the warehouses.
On motion of Mr. BUFORD,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of providing by law for an increase of the fees of clerks of courts, commissioners in chancery and county surveyors during the existing war.
Mr. KEILEY submitted the following resolution:
Resolved by the general assembly, that our senators be instructed and our representatives requested to endeavor to procure the passage of an act making the import duties of the Confederate States payable in specie only; which being objected to, was laid over under the rule.
Mr. MULLENS submitted the following resolution:
Resolved, that our senators be instructed and our representatives in congress be requested to use their influence to procure the passage of a bill furnishing soldiers with rations of tobacco, and increasing their pay to thirty dollars per month; which being objected to, was laid over under the rule:
On motion of Mr. KEILEY,
Resolved, that the committee on the penitentiary be instructed to enquire into the expediency of hiring out the public penitentiary to the highest bidder.
On motion of Mr. PENDLETON,
Resolved, that the committee for courts of justice enquire into the expediency of punishing by law confederate officers and agents who exceed their authority, and thereby trespass upon private rights and property.
On motion of Mr. MILLER,
Resolved, that the committee on confederate relations enquire what means, if any, can be adopted to effect the release of Virginia soldiers now held as prisoners of war by the United States government, by having them paroled.
On motion of Mr. DEANE,
Resolved, that the committee on military affairs enquire into the expediency of so amending the laws governing the second class militia, as to increase the fines for failure to attend drills, and of further so amending said laws as to render the said organization more efficient.
On motion of Mr. IRVING,
Resolved, that the committee for courts of justice enquire into the expediency of so amending the 14th section of chapter 192 of the Code of Virginia (edition of 1860) as will make the larceny of goods and chattels of the value of twenty dollars or more, in such currency or notes as may at the time of the larceny be receivable in payment of taxes and other public dues to this state, to be grand larceny.
On motion of Mr. HAYMOND of Marion,
Resolved, that the governor be requested to enquire upon what terms a coal mine in the vicinity of the city of Richmond can be purchased or leased, and communicate the result of his enquiries to this house.
On motion of Mr. WOODLEY,
Resolved, that the committee of schools and colleges be directed to enquire into the expediency of investigating the present condition of the university of Virginia, as to the propriety of making some satisfactory provision for the professors, and for the protection and preservation of the public buildings and other property of the institution during the continuance of the present war.
The resolution of instruction heretofore submitted by Mr. MCKINNEY, was taken up, on his motion.
The resolution was amended so as to read as follows:
"Resolved by the general assembly of Virginia, that our senators be instructed and our representatives in congress be requested to urge the passage of a bill to increase the present pay of the privates and non-commissioned officers of our army, and to increase in a like ratio the pay for the use of cavalry horses, and to compensate their owners for the loss of them (whether killed in actual battle or not), if the officer in command of the company will certify that it was not the result of negligence, and to issue rations of tobacco to privates and non-commissioned officers, and rations to commissioned officers."
The question being on agreeing thereto, on motion of Mr. PENDLETON, the resolution was referred to the committee on military affairs.
The following bill was read a second time, and ordered to be engrossed and read a third time:
No. 15. A bill to amend the charter of the town of Ashland, in the county of Hanover.
The following bills were read a first time, and ordered to be read a second time:
No. 59. A bill to authorize the Charlottesville savings bank to reduce the number of its directors.
No. 60. A bill to amend the 1st section of an act passed 13th April 1852, entitled an act to authorize the construction of the Wytheville and Grayson turnpike, and to make branches thereof to the lead mines of Wythe county, and to Hillsville, in Carroll county.
No. 57. A bill to regulate the price of all articles produced or manufactured in this state, and the sale of all other goods, wares and merchandise in the same, was taken up, on motion of Mr. HUTCHESON, read a first time, and ordered to be read a second time.
On motion of Mr. DEYERLE,
Resolved, that a select committee be appointed to enquire what measures are necessary to be adopted to encourage and foster the manufacturing and agricultural interests of the state, and discourage the present spirit of speculation.
On motion of Mr. FLEMING,
Resolved, that the committee for courts of justice be instructed to enquire into the expediency of providing by law for the removal and proper care of convicts in the penitentiary who have or may hereafter become lunatics.
On motion of Mr. SAUNDERS of Richmond city,
Resolved, that the committee on the penitentiary be requested to enquire into the expediency of reporting a bill for the increase of the salaries of the officers and guard of said institution.
On motion of Mr. WINSTON,
Resolved, that the committee on military affairs enquire into the expediency of organizing the male citizens of the state not liable to conscription, for the performance of patrol and police duties, so as to afford adequate protection to the persons and property of the citizens of the state.
On motion of Mr. SCOTT, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as follows:
IN SENATE, Dec. 15, 1863.
The senate have passed bills entitled:
An act for the relief of William E. Prince of Sussex county, No. 2.
An act amendatory of the act passed October 27th, 1863, entitled an act to authorize the arrest of deserters by the civil authorities, No. 6.
In which they respectfully request the concurrence of the house of delegates.
No. 2. A senate bill entitled an act for the relief of William E. Prince of Sussex county, was read a first and second times, and referred to the committee on finance.
No. 6. A senate bill entitled an act amendatory of the act passed October 27, 1863, entitled an act to authorize the arrest of deserters by the civil authorities.
Mr. MAGRUDER, from the committee of propositions and grievances, presented the following bills:
No. 61. A bill to amend and re-enact the charter of the Union female college.
No. 62. A bill to amend the 6th section of chapter 98 of the Code of Virginia (edition of 1860) concerning patrols.
Mr. BOULDIN, from the committee on finance, presented the following bill:
No. 63. A bill releasing William B. Ball from the payment of a certain sum of money.
Mr. HAYMOND of Marion, from the committee on the penitentiary, presented the following bill:
No. 64. A bill to provide additional employment for convicts in the penitentiary.
Mr. BURWELL, from the committee of roads and internal navigation, to whom had been referred
No. 1. A senate bill entitled an act authorizing the increase of the capital stock of the Virginia and Tennessee rail road company, reported the same without amendment.
Mr. BURWELL, from the same committee, presented the following bill:
No. 65. A bill to amend the 21st section of chapter 66 of the Code in regard to appointment of directors and proxies by the board of public works.
The SPEAKER announced the following committee under the resolution agreed to on yesterday on the subject of fostering agriculture and manufactures and discouraging speculation: Messrs. Burwell, Deyerle, Tredway, James, Taylor of Prince George, Harris, Lynch, Meade and Goodall.
The SPEAKER announced the following committee under a resolution heretofore adopted on the subject of providing clothing for the destitute soldiers of Virginia in the Confederacy: Messrs. Hutcheson, Haymond of Braxton, Gilmer, Pendleton, Keiley, Hiett, Pitman, Lundy, Kindrick, Butler and Patterson.
The SPEAKER announced the following committee under a resolution appointing a committee to inform the governor and lieutenant governor elect of their election: Messrs. Walker of Rockingham, Bowen, Burr, Fry of Madison, and Thomas.
Mr. Worsham was appointed on the joint committee on salt, in place of Mr. Goode, resigned.
On motion of Mr. MCCUE,
Resolved, that leave be given to withdraw from the files of the
house a communication from the governor, enclosing a letter from the principal of the institution for the deaf and dumb and the blind, and that the same be referred to the committee on confederate relations.
Mr. BARKSDALE presented a bill to be entitled an act to provide a state guard; which was, on his motion, referred to the committee on military affairs.
On motion of Mr. PENDLETON,
Resolved, that the committee on finance enquire into the expediency of appropriating a sum of money not exceeding two million dollars, for the purpose of providing clothing for such of the soldiers of Virginia in the confederate service as, by the presence of the public enemy in their respective counties, are deprived of the aid authorized by law to be afforded by the county courts, and from the voluntary contribution of friends.
On motion of Mr. WOOLFOLK,
Resolved, that a special committee be appointed, whose duty it shall be to visit the various editors of papers of this city, and see what is the best arrangements that can be made for the report of the proceedings of this house, and to report the result of their investigation.
The SPEAKER announced the following committee under the resolution: Messrs. McCue, Burwell, Haymond of Braxton, James and Stewart.
On motion of Mr. WALTON,
Resolved, that the committee for courts of justice enquire into the expediency of so amending the act of the 12th of March 1862, to prevent the unnecessary consumption of grain by distillers, &c., as to provide, 1, the manner in which the forfeiture of grain declared in the 5th section of said act shall be determined and enforced; and 2, a larger penalty for the bond required to be given under the 4th and 6th sections of said act.
On motion of Mr. WALTON,
Resolved, that the committee on military affairs enquire into the expediency of so amending the act of 31st October 1863, for the relief of indigent soldiers and sailors of the state of Virginia, &c., as to provide, 1, that those mentioned in the act, and such others as are herein after mentioned, who may reside within the lines of the enemy, shall have the benefit of said act; 2, that families or persons dependent upon others than husbands or parents, shall be entitled to the benefit of said act in cases where such others have been taken into the military service; and 3, that the duties imposed by said law upon agents appointed by the court, shall be made mandatory, and enforced by penalties.
On motion of Mr. COKE,
Resolved, that the committee on finance enquire into the expediency of providing for the support of indigent families now in the enemy's lines, and of the soldiers and seamen in the confederate service.
On motion of Mr. HAYMOND of Braxton,
Resolved, that the committee on finance enquire into the propriety
of allowing George J. Arnold to settle with the auditor of public accounts a judgment against him as a commissioner of delinquent and forfeited lands for the county of Lewis, at a rate of interest not exceeding six per centum per annum.
On motion of Mr. KEILEY,
Resolved, that the committee for courts of justice enquire into the expediency of so amending the act of March 1862, respecting the distillation of grain, as to prevent the distillation of spirits exclusively for the use of the confederate government out of refuse grain to be furnished by the quartermaster or commissary departments of the Confederate States.
On motion of Mr. REID,
Resolved, that the committee on finance enquire into the propriety of authorizing the payment to Gov. Letcher of his expenses incurred in furnishing the executive mansion with fuel and light during his occupancy.
On motion of Mr. HUTCHESON,
Resolved, that a committee be appointed to ascertain whether it be true that the confederate authorities of this city have by improper impressment prevented the agents of the Central rail road and other parties in their efforts to supply the people with meat at reasonable prices.
On motion of Mr. BURWELL,
Resolved, that a committee be appointed to enquire into the expediency, 1, of reorganizing the official duties of the first and second auditors, the treasurer and register of the commonwealth; and 2, of constituting a department of manufactures, mines and commerce.
On motion of Mr. BUFFINGTON,
Resolved, that the committee for courts of justice be instructed to enquire into the propriety of so amending an act passed the 3d day of October 1862, to protect and indemnify citizens of Virginia, as to make the property of the original obligee or holder of the bond liable to the penalties of said act.
On motion of Mr. HUTCHESON,
Resolved, that the committee on printing be directed to enquire into the expediency of having twelve hundred extra copies of the late message of the governor of the commonwealth printed for the use of the members of this house.
On motion of Mr. AMBERS,
Resolved, that the committee for courts of justice enquire into the expediency of so amending the Code of Virginia, as more clearly to define the punishment to be inflicted upon slaves for the various offences therein mentioned.
No. 1. A senate bill entitled an act authorizing the increase of the capital stock of the Virginia and Tennessee rail road company, was read a second time, amended, and as amended read a third time and passed--Ayes 86.
AYES--Messrs. Sheffey (speaker), Ambers, Baker, Barksdale, Bland, Bouldin, Bowen, Bowles, Branch, Buffington, Buford, Burnett, Burr, Burwell, Coke, Cresap, Crockett, Cummings, Deane, Deyerle, Dickey, Douthat, Draper, English, Evans, Fauntleroy, Ferguson,
Fleming, Fletcher, Flood, A. Fry, Gilmer, Goodykoontz, Hall, L. D. Haymond, T. S. Haymond, Hendrick, Herndon, Hiett, Hoge, Hutcheson, Irving, James, J. B. Johnson, W. Johnson, Jones, Jordan, Kaufman, Keiley, Kindrick, Lively, Lundy, Lynch, Magruder, McCue, McElroy, Meade, Melvin, Miller, Monroe, Morgan, Mullens, R. E. Nelson, Parramore, Patterson, Pendleton, Pitman, Powell, Randolph, Reid, D. J. Saunders, Sherrard, Smith, Stewart, T. W. Taylor, Tredway, Walton, Ward, R. J. White, Williams, J. L. Wilson, S. M. Wilson, Winn, Winston, Woodley and Woolfolk--86.
Ordered, that the clerk communicate the same to the senate, and request their concurrence.
No. 15. An engrossed bill to amend the charter of the town of Ashland, in Hanover county, was read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and request their concurrence.
The following bills were read a second time, and ordered to be engrossed and read a third time:
The following bills were read a first, and ordered to be read a second time:
The following resolution, heretofore submitted by Mr. MELVIN, was taken up on his motion, and on motion, referred to the committee on military affairs:
Resolved, that our senators be instructed and our representatives in congress requested to use their utmost exertions to secure the passage of a law to exempt from the payment of the tax in kind a sufficiency of pork raised by the families of soldiers for their own use, where said soldiers are in actual service in the field, or have been so disabled from wounds received in battle as to render them unable to perform manual labor.
On motion of Mr. WALKER of Rockingham,
Resolved, that the committee on finance enquire into the expediency of reporting a bill increasing the compensation of members of the next general assembly.
On motion of Mr. PENDLETON,
Resolved, that the committee on confederate relations confer with the confederate authorities, and ascertain why it is that the officers,
military and naval, referred to in a special message of the governor of this state, and who took service under the state of Virginia, by invitation of the convention, are not in the confederate service, and to ascertain whether they have been offered places under the confederate government of equal grade to that they held in the U. S. army.
A message was received from the senate by Mr. DOUGLAS, who informed the house of delegates that the senate had passed a bill entitled an act providing compensation for members of the general assembly, judges and other officers of the government, in lieu of the compensation now allowed by law, No. 3: in which they respectfully requested the concurrence of the house of delegates.
The bill was taken up, on motion of Mr. PENDLETON, read a first and second times, and on his further motion, read a third time and passed--Ayes 86, noes 25.
AYES--Messrs. Sheffey (speaker), Ambers, Barksdale, Bland, Bouldin, Bowles, Bryan, Buffington, Burnett, Burr, Butler, Burwell, Coke, Cowan, Cox, Cresap, Crockett, Dickey, Douthat, Draper, Duval, Edwards, English, Evans, Fauntleroy, Ferguson, Fleming, Gilmer, Goodall, Goodykoontz, Hall, L. D. Haymond, T. S. Haymond, Hendrick, Herndon, Hiett, Hoge, Holden, Hughes, Huntt, Hutcheson, James, Jones, Jordan, Kaufman, Keiley, Lively, Lynch, Marr, McCue, McKinney, McNeil, Meade, Melvin, Monroe, Morgan, Parramore, Pendleton, Pitman, Pretlow, Randolph, Reid, Richardson, Riddick, Robertson, Robinson, Rowan, Rust, D. J. Saunders, Scott, Sherrard, Smith, Stewart, T. W. Taylor, Thomas, Tibbs, J. C. Walker, Walton, Ward, N. W. White, Williams, J. L. Wilson, S. M. Wilson, Winn and Woodley--86.
NOES--Messrs. Bowen, Branch, Buford, Cummings, Deane, Fletcher, Flood, A. Fry, W. O. Fry, Graham, Irving, J. B. Johnson, W. Johnson, Kenney, Kindrick, Lundy, Magruder, McElroy, Miller, Mullens, Patterson, Tredway, R. J. White, Winston and Worsham--25.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. BUFORD, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. BOULDIN, from the committee for courts of justice, presented the following bill:
No. 66. A bill to amend and re-enact an act passed October 31, 1863, entitled an act to amend and re-enact an act passed March 11, 1863, in relation to the unnecessary consumption of grain by distillers and other manufacturers of spirituous and malt liquors.
Mr. BOULDIN, from the same committee, to whom had been referred a resolution of enquiry as to allowing soldiers to vote in the election of county officers, presented a report, asking that the committee be discharged from the further consideration of the subject, and that the same be referred to the committee of privileges and elections.
Mr. PENDDETON, from the committee on printing, to whom had been referred a resolution as to printing an additional number of copies of the message of the governor, presented a resolution providing for printing twenty-five hundred extra copies thereof.
Mr. PENDLETON, from the same committee, presented the following resolution, which was agreed to:
Resolved, that the printing of the militia bill, heretofore ordered, be suspended.
The SPEAKER announced the following committee, under a resolution heretofore adopted in respect to the reorganization of the duties of the auditors and other officers, and the establishment of a bureau of manufactures and commerce: Messrs. Burwell, Haymond of Marion, Robertson, Deane, Cowan, Irving, Buford, McCue, Branch, Tredway, and White of Rockbridge.
The SPEAKER announced the following committee, under a resolution heretofore adopted in respect to suggested action by the confederate authorities to prevent the supplying of the people with meat at reasonable prices: Messrs. Hutcheson, Saunders of Richmond, Fleming, Keiley, Walker of Rockingham, Shelton, Taylor of Amelia, Nelson of Fluvanna, and Bryan.
A message was received from the senate by Mr. JOHNSON, who informed the house of delegates that the senate had agreed to the amendments proposed by the house of delegates to senate bill entitled an act to authorize an increase of the capital stock of the Virginia and Tennessee rail road company, with an amendment: in which they respectfully asked the concurrence of the house of delegates.
Subsequently, the amendment was agreed to.
Ordered, that the clerk inform the senate thereof.
A message was received from the senate by Mr. CARSON, who informed the house of delegates that the senate had passed a bill entitled an act to authorize the admission of wills to record upon proof of the handwriting of the attesting witnesses in certain cases: in which they respectfully requested the concurrence of the house of delegates.
Subsequently, the bill was read a first and second times, and referred to the committee for courts of justice.
The following engrossed bills were read a third time and passed:
No. 59. A bill to authorize the Charlottesville savings bank to reduce the number of its directors.
No. 60. A bill to amend the first section of an act passed April 12, 1862, entitled an act to authorize the construction of the Wytheville and Grayson turnpike, and to make branches thereof to the lead mines of Wythe county, and to Hillsville, in Grayson county--Ayes 89.
AYES--Messrs. Sheffey (speaker), Ambers, Barksdale, Bowen, Bowles, Branch, Buford, Burnett, Burr, Butler, Burwell, Coke, Cowan, Cresap, Crockett, Cummings, Deane, Deyerle, Dickey, Douthat, Draper, Edwards, English, Evans, Fauntleroy, Ferguson, Fleming, Flood, A. Fry, W. O. Fry, Gilmer, Goodykoontz, Graham, L. D. Haymond, T. S. Haymond, Herndon, Hiett, Hoge, Holden, Hutcheson, Irving, James, J. B. Johnson, W. Johnson, Jones, Jordan, Kaufman, Kenney, Kindrick, Lively, Lundy, Lynch, Magruder, McCue, McCutchen, McElroy, McNeil, Meade, Melvin, Miller, Morgan, Mullens, R. E. Nelson, Pendleton, Pitman, Pretlow, Powell, Reid, Richardson, J. A. Robinson, Rust, D. J. Saunders, F. Saunders, Shelton, Sherrard, Smith, Stewart, T. W. Taylor, Thompson, Tibbs, Tredway, J. C. Walker, Walton, Ward, Williams, S. M. Wilson, Winn, Winston and Woolfolk--89.
Ordered, that the clerk communicate the same to the senate, and request their concurrence.
No. 61. A bill to amend and re-enact the charter of the Union female college, was read a second time, and ordered to be read a third time.
A message was received from the senate by Mr. DICKINSON, who informed the house of delegates that the senate had passed a bill entitled an act for the enrollment of persons between the ages of sixteen and fifty-five years, domiciled in this commonwealth: in which they respectfully requested the concurrence of the house of delegates.
Subsequently, the bill was read a first and second times, and referred to the committee on military affairs.
Mr. CUMMINGS, from the committee on military affairs, to whom had been referred a resolution of instruction to the senators from Virginia in relation to cavalry horses, &c., presented the following joint resolution:
Resolved by the general assembly of Virginia, that in the opinion of this general assembly, the congress of the Confederate States should, as soon as practicable, provide by law for the increase of the compensation allowed to cavalrymen for the use of their horses in service, and that they should be paid the actual value of their horses when such horses are lost in service, whether killed in actual battle, or lost from any of the casualties peculiarly incident to their employment in said service, as contradistinguished from ordinary service and use, if the officer in command of the company will certify that such loss was not the result of negligence on the part of the owner; and should also provide for the issue of rations of tobacco to the noncommissioned officers and privates, and single rations to commissioned officers.
Resolved, that a copy of these resolutions be furnished to our senators and representatives in congress.
The resolutions were agreed to.
Ordered, that the clerk communicate the same to the senate, and request their concurrence.
On motion of Mr. ROBERTSON,
Resolved, that the committee on finance be instructed to enquire into the justice and expediency of reporting a bill in conformity as near as may be to the principles of the bill passed December 16, 1863, allowing compensation to the members of the general assembly and other officers of the government, so as to place all civil officers of government paid out of the public treasury, and who are not already compensated on similar principles, on the same footing, as respects their salaries, with the officers provided for in the aforesaid bill; and if they deem it inexpedient to report such bill, that they state the grounds of that opinion.
On motion of Mr. ROBERTSON,
Resolved, that the committee on confederate relations enquire what legislation may be expedient to provide for the removal of slaves from portions of the state occupied by or exposed to the incursions of the enemy.
On motion of Mr. BURR,
Resolved, that the committee on roads and internal navigation enquire into the expediency of increasing the maximum rate of tolls now authorized to be charged by the James river and Kanawha company and other internal navigation companies.
On motion of Mr. DOUTHAT,
Resolved, that the committee on finance be instructed to enquire into the expediency of refunding to Hiram Snider thirteen dollars and ninety cents, the amount of taxes improperly paid by him.
On motion of Mr. BUFORD,
Resolved, that the committee on banks be instructed to enquire into the expediency of restricting by law the traffic in confederate and federal currency.
On motion of Mr. BUFORD,
Resolved, that the committee on finance be instructed to enquire into the expediency of providing by law for the restriction and regulation of sales at public auction.
On motion of Mr. KENNEY,
Resolved, that the committee on lunatic asylums enquire into the expediency of releasing F. M. Ervine as surety for P. Y. Ervine of Missouri, in a bond executed for the support of a female lunatic in the Central lunatic asylum.
Mr. HUTCHESON submitted the following resolution:
Resolved by the general assembly, that in view of the recent intelligence received of the action of the enemy in the southwestern portion of the state since the passage of the resolution to adjourn on the 21st instant, and demonstrating the imperative necessity for the immediate organization of the military force of the state for the public defence, that this general assembly will not take the recess as proposed by said resolution, but will remain in session until such laws shall be enacted as will be best calculated to remedy the evil and secure the people against such destructive raids of the enemy in future.
Mr. IRVING moved to amend the resolution, by striking out the entire resolution, and inserting the following:
Resolved by the general assembly, that the joint resolution by which the senate and house of delegates resolved to take a recess from Monday the 21st December 1863 to Wednesday the 6th January 1864, be and the same is hereby rescinded; and the question being on agreeing thereto, was put, and decided in the affirmative.
The question being on agreeing to the resolution as amended, Mr. MONROE moved to lay the resolution upon the table.
Mr. HUTCHESON moved the indefinite postponement of the resolution; and the question being on agreeing thereto, Mr. HUTCHESON asked leave to withdraw the motion.
Objection being made, the question was put, and decided in the affirmative--Ayes 62, noes 37.
On motion of Mr. WORSHAM, the vote was recorded as follows:
AYES--Messrs. Sheffey (speaker), Barksdale, Bouldin, Bowen, Bowles, Buford, Butler, Cox, Deyerle, Dickey, Douthat, Edwards, English, Evans, Fleming, Fletcher, Flood, W. O. Fry, Gilmer, Goodall, Graham, Herndon, Hiett, Hoge, James W. Johnson, Jordan,
Kaufman, Keiley, Kindrick, Lively, Lundy, McCutchen, McElroy, McNeil, Meade, Miller, Monroe, Mullens, R. E. Nelson, Patterson, Pretlow, Powell, Robinson, Rowan, Rust, D. J. Saunders, Scott, Shackleford, Shelton, Sherrard, Thomas, Thompson, Tredway, J. C. Walker, Walton, Ward, R. J. White, Williams, J. L. Wilson, Winn and Woolfolk--62.
NOES--Messrs. Ambers, Baker, Bland, Branch, Buffington, Burnett, Burr, Burwell, Coke, Crockett, Cummings, Deane, Draper, Fauntleroy, A. Fry, Goodykoontz, Hall, L. D. Haymond, T. S. Haymond, Holden, Hutcheson, Irving, J. B. Johnson, Jones, Kenney, Lynch, Magruder, Marr, McCue, Melvin, Pitman, Reid, F. Saunders, Smith, S. M. Wilson, Winston and Worsham--37.
On motion of Mr. WARD,
Resolved, that a select committee of five be appointed to enquire into the expediency of reporting a bill increasing the pay of the judge of the 13th judicial circuit.
The SPEAKER announced the following committee under the resolution: Messrs. Ward, Bouldin, Pendleton, Irving and Woolfolk.
Subsequently, Mr. WARD, from the committee, presented the following bill:
No. 67. A bill increasing the compensation of the judge of the 13th judicial circuit.
On motion of Mr. DEANE,
Resolved, that the committee on military affairs enquire into the expediency of providing for a connection between the Richmond and Petersburg rail road and the Richmond, Fredericksburg and Potomac rail road, on some other route more practicable than the present.
The following resolution, heretofore submitted by Mr. PRETLOW, was taken up, on his motion:
Resolved, that our senators be instructed and our representatives in congress requested to use their best endeavors to effect the repeal of the impressment law of the Confederate States, or to so modify the law as that the government shall pay the market prices whenever impressment shall be necessary; and the question being on agreeing thereto,
On motion of Mr. MONROE, the resolution was referred to a select committee.
The SPEAKER laid before the house a communication from the governor, enclosing a letter from the principal of the institution for the deaf and dumb and the blind; which was read, and on motion, referred to the committee on confederate relations.
On motion of Mr. STEWART, the house adjourned until to-morrow, 12 o'clock.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as follows:
IN SENATE, Dec. 17, 1863.
The senate have agreed to a resolution requesting the house of delegates to return a certain bill, and a resolution concerning the pay of soldiers in the Confederate States army.
In which they respectfully request the concurrence of the house of delegates.
The resolution requesting the return to the senate of senate bill No. 38 of last session, entitled an act to arm and equip the militia, was agreed to.
The resolution concerning the pay of soldiers in the Confederate States army, was read twice, and referred to the committee on military affairs.
Mr. MAGRUDER, from the committee of propositions and grievances, presented the following bill:
No. 68. A bill to authorize the common council of the town of Danville to acquire lands in the county of Pittsylvania for certain public uses.
Mr. BOULDIN, from the committee for courts of justice, presented the following bill:
No. 69. A bill to amend and re-enact section 14, chapter 192 of the Code of Virginia (edition of 1860).
Mr. BOULDIN, from the committee on finance, presented the following bill:
No. 70. A bill for the relief of A. J. Ingraham.
Mr. PENDLETON, from the committee on military affairs, to whom had been referred
No. 6. A senate bill entitled an act amendatory of the act passed October 27th, 1863, entitled an act to authorize the arrest of deserters by the civil authorities, reported the same without amendment.
Mr. PENDLETON, from the same committee, to whom had been referred
No. 10. A senate bill entitled an act for the enrollment of persons between the ages of sixteen and fifty-five years, domiciled in the commonwealth, reported the same with amendments.
Mr. PENDLETON, from the same committee, to whom had been referred a resolution in relation to exempting the pork and bacon of soldiers from the tax in kind, presented a report.
The SPEAKER announced the following committee under a resolution in relation to impressments: Messrs. Pretlow, Wilson of Isle of Wight, Marr, Walton, Monroe, Woolfolk, Thompson, McNeil and Meade.
Mr. KEILEY presented the petition of the common council of Peter