Library of
Emory University
JOURNAL
OF THE
HOUSE OF DELEGATES
OF THE
STATE OF VIRGINIA,
FOR THE
CALLED SESSION OF 1863.
RICHMOND:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1863.
JOURNAL.
MONDAY, September 7, 1863. .
A majority of the delegates elect being duly qualified, appeared
and took their seats.
The -following, proclamation of the governor convening the gene¬
ral assembly, was read:
By the Governor of Virginia—A Proclamation.
By the proceedings of sundry counties, in primary assemblies of
the people, the desire has been expressed that the general assembly
' of this state shoqld fie,convened in extra session. The condition of
the country calls for the exercise of the best judgment of the wisest
councillors of the state. The large levies of additional troops by the
enemy for the devastation of our lands and the subjugation of our
people, requires extraordinary exertion on our part,' and every state
in' the Confederacy must brace itself to the impending encounter
with fearless fortitude and untiring energy. The people must pre¬
pare for the magnitude of the emergency, and each man must fe^L
that his arm is necessary to aid in vindicating the justice of our
cause, and that, come what-may, he is prepared to meet the foe with
a calm defiance that acknowledges no alternative but an unqualified
recognition of our independence. No people can be conquered who
feel thus and act up to that feeling with an abiding confidence in the
justice of Heaven.
I concur in the propriety of convening the general assembly, for
the purpose of devising means for the public defence ; to enroll an
additional force of militia beyond the conscript age, for local as well
as general protection ; *to provide for arming and equipping such ad¬
ditional force, and furnishing the means for* rendering their services
available when necessary ; to give confidence to our people in our
ability to repel our unscrupulous and worse than savage foe; to set
an example'to our southern sisters, by exhibiting unshaken confi¬
dence in our government and undiminished, ardor in our common
cause, and to invoke their united aid once more in meeting the emer¬
gency as becomes a people engaged in a righteous cause—to display
not only endurance under losses arid severe reverses, but, grappling
with adversity', to exhtbit, at a moment of-anticipated weakness,
power from nioial example and physical exertion.
By, ides this impoi taut purpose, first and upp< rmost in every heart,
then an, other mailers which require our most anxious councils.
4
journal of the
The currency of the country is in a deranged state. -Something must
be done to give confidence to the people in the stability of our mone¬
tary concerns. Something must be done to prevent the depreciation
of our circulating medium and the enhancement of the price of the
necessaries of life.
While it is proper for the government to call in its excessive issues
and to endeavor to fund its debt, it is not necessary or proper,, in my
judgment, in doing so to discredit the only money that is now in the
hands of the people to meet their every day transactions. The capi¬
talist and broker may collect and fund the amount of the currency
in their hands, but the government should not permit the banks and
the corporations of the country-to discredit the money which the
poor are required to receive, by refusing to leceive it on deposit and
rejecting it for ordinary dues, and much less should the states them¬
selves discredit it by prohibiting its reception in payment of taxes
and public dues. Such acts, are mischievous in the extreme, and
will.produce a panic, frightening the m^s of the people from their
propriety, and tending to shake the government to its foundation.
I convoke the legislature to provide a remedy for these evils, and es¬
pecially to repeal the act prohibiting the reception of confederate
notes of a particular date in payment of public dues. Much rather
would I punish those who refuse to receive the currency .of the coun¬
try with the utmost penalties of the law.
It is also necessary to provide funds for carrying on the operations
of state institutions; to provide the means for employing the con¬
victs in the penitentiary^many of whom are supported at public ex¬
pense without returning an equivalent in labor, because no adequate
«ippropriatiX)u has been made for furnishing a full supply of materials
for their work. Other appropriations are required, which it is not
necessary to specify,* but which ar£, nevertheless, essential to the
public service. #
Therefore, I, John Letcher, governor of the commonwealth of Vir¬
ginia, by virtue of authority vested in me by the constitution, do
hereby require the members of the geueral assembly, elected in May
last, to' assemble in extra session at the capil ol, in the city of Rich¬
mond, oh Monday, the seventh day of September next, at 12 o'clock, M.
[Seal.] Given under my hand as governor, and under the seal of
the commonwealth, at Richmond, this tenth day of August in the
year 1863, arid in the SSth year of the commonwealth.
John Letcher.
By the governor:
Geo roe W'. Mi in fori),
Secretary of tin Commonwealth.
The house was then called to order by Mr. Haymond of Marion,
who reminded the house that the first business in order was the elec¬
tion of a clerk. . .
Mr. Haymond thereupon nominated for that office William F. Gor¬
don, jr. of Albemarle, wlio was appointed by an unanimous vote.
HOUSE OF DELEGATES.
5
Messrs. B*Aymond of Marion and Magruder of Albemarle were
appointed a committee to inform him of his election and conduct him
to his seat.
The house then proceeded to the election of a Speaker; and there¬
upon Mr. Robertson nominated Hugh W. Shcffcy of Augusta; and
the roll was then called with the following result:
For H. W. Sheffey—Messrs. Parfamuiv, Mag-ruder, Branch, Bryan, Flood, MeOue, Walk t,
W. Johnson, Burwell, E. W. "Hunter, Nigkbert, James, L. E>. Hayniond, N. W. White,
Meade, Deane, Marr, Butler, Bowles, BouhMn, Ambers, Rixey, Irving, Worsham. Huutt,
Brooke, R. E. Nelson, F. Saunders, Patterson, Kaufman, Ward, A. Fry, Jones, Dickey,
Mathews, Woolfolk, Lundy, Barksdale, Monroe, Hiett, Williams, Lurty, Hohieii, English,
Mullens, Fj uiing, J. L. Wil.on, Duval, Melvin, Burnett, Hendrick, Tonilin, Lynch, Win¬
ston, Winn, T. S. Jrla.v ux>iid,»Morgau, Hoge, Richardson, Evans, Stewart, Rowan, Lively,
Douthat, Riddick, Slif-Iton, Baker, Murdaugh, S. M. Wilson, Scott. Pendleton, Edwards,
Hughes, Kukt, Staple-, E. S Saunders, Keiley, Buford, Gilmer, Tibb:, McNeil, T. W.
Tayloi1, Cowan, Oiesap, Coke, Draper, Hern don, Crawford, Fl< teller, Robe.ifson, Burr, D
J. Saunders, De^crle, Reid, R. J. White, Harris, Walkter, Kejiney, Smith, Walton, Pit¬
man, Fretlow, Marye, J. A. Robinson, Woodley, .Thomas, Graham, Ferguson, Hull and
Crockett—110.
For Wood Boiddin—Mr. Anderson—1.
The house then proceeded to the election of a sergeant at arms.
Mr. McCue nominated Robert W. Burle of Augusta, who was
unanimously appointed.
The house then proceeded to the election of a first doorkeeper.
Mr. Wilson of Isle of Wight nominated William H. Freeman of
Norfolk City, who'was appointed unanimous!}7.
The house then proceeded to the election of a second doorkeeper.
Mr. Magruder nominated George W. Wilson, jr. of Botetourt, who
was elected by an unanimous vote.
On motion of Mr. M'agruder,
Resolved, that the Speaker be authorized to appoint the usual
number of pages.
On motion of Mr. Walker,
Resolved, that the Speaker be requested to invite the reverend
clergy of the city to open the daily sessions of the house with prayer.
. A message was received from the senate by' Mr* Christian, the
senator from Augusta, who informed the house of delegates that the
senate had agreed to the following joint resolution:
Resolved, that a committee of three senators be appointed to in¬
form the house of delegates that the senate is now organized, and
that the same committee be authorized*to act conjointly with a com¬
mittee of the house of delegates to inform the governor of the com¬
monwealth that the general assembly is organized and prepared to
receive any communications he may have to submit.
The resolution was concurred in.
Ordered, that Mr. i oivilin inform the senate thereof.
The'speaker announced tke following committee on the pari of
the house: Messrs. Tomlin, Haymond of Marion, and Worsham.
Subsequently, Mi*. Tomlin, from the joint committee, reported
that they had discharged the duty assigned them, and that the go¬
vernor would communicate a message to the house immediately.
The governor's message was then receivt d and read; whieh, 011 mo-
6
JOURNAL OF THE
tion of Mr. Jones, was laid on the table, and twelve hundred extra
copies ordered .to be printed.
[For message, see Doc. No. 1, appended to this'volume.]
The Speaker laid before the house a communication from the
secretary of the commonwealth, transmitting the returns of the elec¬
tion of governor and lieutenant governor; which was read, and on
motion of Mr. Hall, laid on the table and ordered to be printed.
Doc. No. 3.
On motion of Mr. Haymond of Clarion,
Resolved, that the rules of the -last house of delegates be adopted
for the government of this.
The said rules are as follow;
1. No member shall absent himself from the service of the house,
without leave, unless he be sick and unable to attend.
2. When any member is about to speak in debate or deliver any
matter to-the house, he shall rise from his seat, and without advanc¬
ing, shall, with due respect,-address "Mr. Speaker," confining him¬
self strictly'to the point in debate, avoiding all indecent and disre¬
spectful language.
3. When any member rises and addresses the chair, the speaker
shall recognize him by his name; but no member shall designate
another by name., , 4
4. No member shall speak more than twice in the same debate
without leave.
5. A question being once determined, must".stand as the judgment
of the house, and cannot, during the same session, be drawn again
into debate. *
6. While the speaker fiS reporting or putting a question, none shall
entertain private discourse, read, stand up, walk into, out of, or across
the house.
7. No member shall vote on any question in the event of which he
is immediately and personally interested, nor in any other case where
fie was not present when the question was put by the speaker or
chairman of any committee.
8. Every member who shall be in the house when any question
is put, shall, on-a decision, be counted on one side or the other.
9. A majority of delegates shall constitute a quorum to do busi¬
ness; and every question shall be determined according to the vote
of a majority of the members present, except-where the constitution
otherwise provides; any smaller number, together with the speaker,
shall be sufficient to adjourn; twenty may call a house, send for
absentees, and make any order for their censure or discharge.
10. On a call of the house, the doors shall not be closed against
any member until his name shall have been once enrolled.
11. Any member, sustained by thirteen others, shall have the right,
before the question is put, to demand the yeas and nays on the de¬
cision of any question; and on siich occasion the names of the mem¬
bers shall be called over by the clerk, and the yeas and nays respec¬
tively entered on the journal, and the question decided, as a majority
shall thereupon appear. After the yeas and nayc shall have' been
HOIJSPJ OF DELEGATES.
7
taken, and befcye they are counted or entered on tlie journal, the
clerk shall read over the names of those who voted in the affirmative
arid of those who voted in the negative; at which time any member
shall have the right to correct any inistake committed in eurolling his
name,
12. No business shall be introduced or considered after 12 o'clock,
until the orders of the day be disposed of, except messages from the
senate or executive. Among the orders of the day, those which are
general in their nature shall have precedence over such as are private
or local.
*13. The speaker may call any member to the chair, who shall ex¬
ercise its functions for the time; but ho member, by virtue of.such
appointment, shall preside for a longer time than three days.
14. The speaker shall set apart convenient seats for the use of the
members of the senate and executive, and of the ^bdges of the supe¬
rior courts of this commonwealth and of the Confederate States, and
of such other persons as he may invite within the bar of'the house.
15. All bills or other business shall be dispatched in the order in
which they are introduced, unless the house, by a vote of two-thirds
of the members present, shall direct otherwise. In future, all bills
of a general nature shall, after their first reading, be printed for the
use of the house. »
16. The clerk shall not permit any records or papers to be taken
from the table or out of his possession ; but he may deliver to a mem¬
ber any bills depending before the house, oh taking his receipt for
the same.
17. The journal of the house shall be .drawn up by the clerk on
each day, and, after being examined by the speaker, shall be printed
and delivered without delay.
18. The clerk shall publish with the laws all resolutions of a ge¬
neral nature, annex genera? marginal notes to each law or resolution,
and subjoin an index to the whole.
19. The clerks of the senate and house of delegates may inter¬
change messages at such time, between the hour of adjournment and
that of meeting on the following day, as that the said messages may
be read immediately after the orders of the day.
20. When the previous question is demanded and seconded by
twenty members, the speaker Ishall, without debate, state the main
question"to the house, and thereupon propound the question, " Shall
the main question be now put ?" If decided in the affirmative, the
main question shall then be put; if decided in the negative, the house
may proceed instanter with the debate.
21. No petition of a private nature, having been once rejected,
shall be acted on a second time, unless it be supported by new evi¬
dence ; nor shall any such petition, after a third disallowance, be
again acted on. The severqj clerks of committees shall keep alpha¬
betical lists of all such petitions, specifying the sessions at which they
were presented and the determination of the house thereon; and shall
deliver the original petitions to the clerk of the house, to be. pre¬
served in his office.
8
JOURNAL OF THE
22. No petition or memorial shall be received,' praying for the
division of a county or parish, changing the place of holtling any court,
or other local matter, unless the purport of such petition or memorial
shall have been fixed up at the courthouse door of the county where
such alteration is proposed, at two different courts, and shall have
remained there one day during the .sitting of each court, and at least
one month shall have passed after the holding of the last court, and
before the petition or memorial is presented. And no petition or
memorial shall be received, or bill brought in for establishing or dis¬
continuing ferries, nor for any other purpose affecting private rights
of property, unless the parties interested shall have had one months
notice; and if they be.not known to the petitioner or memorialist,
the purport of the .petition, memorial or bill shall be set up at the
courfhouse in the manner before directed, and also three times in¬
serted in some newjtpaper in the state most convenient for conveying
The intended information, one month before offering or moving the
same. • •
23. No petition shall be received claiming a sum of money, or
praying the settlement of unliquidated accounts, unless it be accom¬
panied with a certificate of disallowance from the executive or audi¬
tor, containing the reason why it was rejected. But this order shall
extend to no person applying for a pension.
24. When any petition, or bill founded on one, is rejected, such
petition shall not be withdrawn, but the petitioner, or member pre¬
senting his petition, or imy member from the county or corporation
in which the petitioner resides, may, without leave, withdraw any,
document filed therewith; and a list of every document so with¬
drawn shall be 'preserved by the clerk. All petitions not finally
•acted on may, with the accompanying documents, be in like manner
withdrawn, after the expiration of the session at which they were
presented.
2d. No pefifjion shall be read in the house, unless particularly re¬
quired by some member; but every member presenting one shall an¬
nounce the name of the petitioner, the nature of the application, and
whether in his opinion a similar application had been before made by
said petitioner. He shall endorse the same on the petition, and sign
his own name thereon, us a pledge that it is drawn in respectful lan¬
guage ; whereupon, it shall be delivered to the clerk, by whom it
shall be laid before the proper committee.
2(5. At the commencement of each session the following commit,-
itees shall be appointed by the speaker:
To consist of not hss than nine nor more, than ffteen members:
A committee of privileges and elections.
A committee for courts of justice.
A committee jff schools and colleges.
' A committee of propositions and grievances.
A committee of claims.
A committee of roads and internal navigation.
HOUSE OF DELEGATES.
9
A committee on military affairs.
A committee on confederate relations.
A committee on finance.
A committee on the penitentiary.
A committee on the armory.
A joint committee on the library.
A committee on agriculture and manufactures.
A committee to examine enrolled bills.
A committee to examine the lunatic asylums.
A committee on banks.
A committee on trade and mechanic arts.
To consist of not less than five nor more than nine:
A joint committee on executive expenditures.
A joint committee to examine the first auditor's office.
A joint committee to examine the second auditor's office.
A committee to examine the clerk's office.
A joint committee to examine the register's office.
A joint committee to examine the treasurer's accounts.
A joint committee to examine the bonds of public officers.
27. The clerk of the house of delegates shall appoint six clerks—
one of whom shall be clerk of the committee for courts of justice
and of schools and colleges; one, of the committee of propositions
and grievances and of claims; one, of the committee on finance;
another, of privileges and elections and agriculture and manufac¬
tures; another, of the committee on banks and military affairs; and
another, of the committee of roads and internal navigation. Said
clerks to be removed by the clerk of the house, of delegates, or by
the committee or committees of which they are clerks. That the
clerk of the house of delegates may command the services of any of
said clerks, to assist him in reading at the clerk's table, and in en¬
grossing and enrolling bills, at such time as they may not be em¬
ployed by their respective committees; and that it shall be the duty
of the clerk of the house of delegates to see that all bills reported
from the committees are written in a fair and legible hand.
28. No standing committee of the house shall be increased, except
by a vote of at least two-thirds of the members present.
29. Five members of any committee shall be a quorum to proceed
to business ; but where the number of a committee is not less than
five nor more than nine, a majority shall be sufficient.
30. The several committees are instructed to report, in all cases
to them referred, whether other cases may arise, comprised within
the principle of the subject referred ; and if a bill be ordered, it shall
be so drawn as to provide for all such cases, as well as that in which
it originated; and, in petitions and other matters referred, the com¬
mittee shall have power, if they deem it expedient, to report by bill.
31. Select committees shall not consist of less than five nor more
than thirteen members, unless the house shall otherwise direct.
32. The committee of privileges and elections shall examine the
2
10
JOURNAL OF THE
oaths taken by each member and certificates of election furnished by
the sheriffs, and report thereon to the house.
33. The committee of privileges and elections shall report, in all
cases of privilege or contested elections, the principles and reasons
on which their resolutions are founded.
34. The committee for schools and colleges shall annually examine
into the state and manner of administration of the literary fund, and
make such report as they may deem proper. .
. 35. The committee on finance shall annually examine into the state
of the debts due from the commonwealth, of the revenue and expen¬
ditures of the preceding year, and prepare an estimate of the ex¬
penses of the succeeding year, and make such report thereon as they
may deem proper.
36. Any person contesting the election of a member returned to
serve in this house, will be entitled to receive his wages only from
the day on which such person is declared duly elected.
37. Whenever, by the equality of sound, a division of the house
is rendered necessary in the opinion of the speaker, or of a member,
the members shall be required to rise in their places; and if, on a
general view of the house, a doubt still exist on the mind of the
speaker, or of a member, as to the side on which the majority voted,
the members shall be counted standing in their places, either by the
speaker or by two members of opposite opinions on the question, to
be deputed for the purpose by the speaker.
38. Documents printed by order of the house shall be printed on
paper of the same size with the journal, and a copy shall be bound
up with each journal and furnished the members at the end of the
session; and it shall be the duty of the publie printer to furnish 225
additional copies bound for that purpose.
39. Any person shall be at liberty to sue out an original writ, or
subpoena in chancery, to prevent a bar by the statute of limitations,
or to file any bill in equity and examine witnesses thereupon for the
purpose of preserving their testimony against any member of this
house: provided, that the clerk, after having made out and signed
such original writ, or subpoena, shall not deliver it to the party, nor
to any other person, during the continuance of the member's privilege.
40. Any person summoned to attend this house, or any one of its
committees, as a witness, shall be privileged from -arrest during his
coming to, attendance on, or return from the house or committee; and
no such witness shall be obliged to attend, until the party at whose
request he was summoned, shall pay or secure to him for his attend¬
ance and traveling the same allowance which is made to witnesses
attending the general court.
41. If any person shall tamper with a witness in respect of his
evidence to be given before this house, or one of its committees, or
directly or indirectly, endeavor to deter or hinder a person from ap¬
pearing or giving evidence, it shall be deemed a high misdemeanor,
which the house will severely punish.
42. No person shall be taken into custody by the sergeant at arms
on any complaint of breach of privilege, until the matter is examined
HOUSE OF DELEGATES.
11
by the committee of privileges and elections and reported to the
house, unless by order of the speaker.
43. In all elections, but one vacancy shall be filled at a time.
44. In elections by joint vote of the two houses of the general as¬
sembly, each house shall first communicate by message to the other,
the names of the persons who may be put in nomination for the said
office in each house respectively; and then each house shall vote
separately in its own "chamber; and shall each appoint a committee
on its part to meet a committee on the part of the other house', and
communicate the result of the vote in each house respectively; and
if upon such vote, any person have a majority of the whole number
of votes, the same shall be reported by the committees to their respec¬
tive houses, and the speaker of each house shall declare such person
duly elected; and if no person shall have a majority of the whole
number of votes, both houses shall in like manner proceed to another
vote, dropping the person who shall have the smallest number of vote's
on the former vote, and so on till an election be made; and the re¬
sults of each vote in each house shall in like manner be communicated
by each house to the other, and reported by their respective commit¬
tees ; and the election, when made, shall in like manner be- declared
by the respective speakers of the two houses.
45. Hereafter, it shall be the duty of the clerk, previous to read¬
ing each bill, to announce whether it is on its first, second or third
reading.
4(3. On evety day, so soon as the speaker takes the chair and calls
the house to order, the standing committees of the house shall be
called over to enable them to make reports.
47. No standing rule of this house shall be rescinded or changed
without one day's notice being given of the motion therefor.
48. No member or other person shall visit or remain by the clerk's
table while the yeas and nays are calling.
49.' When a resolution is presented, containing no reference of the
subject thereof to a committee, if objection be made to its immediate
adoption, it shall lie on the table lor one day, to be called up by
motion.
50. Bills and resolutions originating in the senate, and not requir¬
ing immediate action, shall be read the first and second times when
received, and be referred to their appropriate committees, unless the
house direct otherwise; and all such bills and resolutions shall have
precedence over bills and resolutions originating in the house of dele¬
gates, of the same stage.
• 51. The officers of this house, now acting or hereafter appointed,
shall take the following oaths: The oath of fidelity to the common¬
wealth, the anti-dueling oath,- the oath of office, and the oath to
support the constitution of the Confederate States.
The Speaker then administered the oaths of office to the officers
of the house, in accordance with the rule.
On motion of Mr. Cowan, the house adjourned until to-morrow,
12 o'clock.
12
JOURNAL OF THE
TUESDAY, September 8, 1863.
Prayer by Rev.. Dr. Duncan of the Methodist church.
The following delegates appeared, were qualified and took their
seats:
Messrs. Bowen of Tazewell, W. 0. Fry of Madison, Goode of Meck¬
lenburg, Gummings of Washington, Goodatl of Hanover, Goodykoontz
of FloyM, Horton of .Scott and Wise, Hutcheson of Mason, Jordan of
Bedford, Kindrick of Russell, Powell of Amherst, Rutherfoord of
Goochland, Sherrard of Morgan, Tredway of Prince Edward, Taylor
of Amelia and Nottoway, and Thompson of Smyth.
The Speaker presented a communication from the governor, en¬
closing a letter from Capt. McDaniel, in relation to river'defences;
which was read, and on motion of Mr. Haymond of Marion, referred
to the committee on military affairs.
The Speaker presented the petition of William Gray, Alexander
Brown and Robert A. Mayo, praying that the money arising from the
sale of the tobacco damaged by the burning of the public warehouse
be equitably distributed among the owners of the same; which was
ordered to be referred to the committee on finance.
On motion of Mr. Cowan,
Resolved, that so much of the governor's message as refers to the
act of October 1777, entitled an act to prevent forestalling, regrating,
engrossing and public vendues, be referred to the committee for courts
of justice.
On motion of Mr. Lively,
Resolved, that so much of the governor's message as refers to con¬
federate issues, be referred to the committee on finance.
Ori motion of Mr. Buford,
Resolved, that the committee on banks be instructed to enquire
into the expediency of restricting by law the traffic in gold and silver
coin and the legal paper currency of the state, and of suppressing
all trade whatever in the treasury notes or other paper currency of
the United States.
Mr. Robinson of Berkeley submitted the following resolution;
which, on'motion of Mr. Cowan, was laid on the table:
Resolved, that a special committee be appointed to enquire into the
office of the state treasurer, as to how many clerks could be-dis¬
pensed with, and who are subject to duty under the conscription
law, and whether their places could not be filled equally yvell by
disabled soldiers.
On motion of Mr. Robinson of Berkeley,
Resolved, that the committee on finance be instructed to enquire
into the propriety of paying such claims as have been audited and
allowed by the auditing board.
On motion of Mr. Rutherfoord,
Resolved, that leave be given to withdraw from the files of the
house the petitiofi of Mrs. Henningham C. Harrison, presented at the
last session, and that the same be referred to the committee on agri¬
culture and manufactures.
HOUSE OF DELEGATES.
On motion of Mr. Mathews,
Resolved, that the committee on finance be instructed to enquire
into the expediency of enacting a law authorizing and requiring the
county courts of the several counties of the commonwealth to levy
a tithe tax for the support of the families of indigent soldiers in the
service of the Confederate States.
On motion of Mr. Haymond of Braxton, &c.
Resolved, that the committee on military affairs enquire into the
propriety of amending the law in relation to exemptions from military
duty, so as to reduce the number of such exemptions.
On motion of Mr. James,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill authorizing county committees, where
they cannot purchase supplies for soldiers' families at reasonable
rates, to press the same at the price fixed by the Confederate States.
On motion of Mr. Pendleton,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill to cover deficiencies existing in the appro¬
priations. for the support of the penitentiary and the public guard.
On motion of Mr. Haymond of Marion,
Resolved, that the committee on finance enquire into the pro¬
priety of canceling the bonds of this state in the hands of the go¬
vernment of the "United States, and the citizens thereof; and also to
enquire into the propriety of requiring all coupon bonds on which
interest is hereafter to be paid, to be exchanged for registered bonds
within a given time.
Mr. Marye submitted the following resolution, which being ob¬
jected to, was laid over under the rule:
Resolved, that this house hereby invites the senate of Virginia to
instruct the standing committees upon military affairs and upon
finance, as constituted by that body, to sit and act in joint session
and deliberation with the standing committees appointed by this
house, upon those subjects respectively, so that the said committees
of each body shall act as joint committees.
On motion of Mr. Jones of Gloucester, the house adjourned until
to-morrow, 12 o'clock.
WEDNESDAY, September 9, 1S63.
Prayer by Rev. Dr. Duncan of the Methodist church.
The following members appeared, were qualified and took their
seats:
Messrs. Bland of Lewis, Chalmers of Halifax, Custis of Williams¬
burg, Miller of Lee, Scott and Wise, McKinney of Buckingham, and
Shackleford of Fauquier.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a letter from Lieutenant General Ewell, transmit-
14
JOURNAL OP THE
ting a list of persons convicted by a military court of offences against
the laws of the state, and sentenced to confinement in the peniten¬
tiary of the state; which was read, and on motion of Mr. Hall,
laid on the table.
On motion of Mr. Haymond of Marion,
Resolved, that the committee for courts of justice enquire into the
propriety of so amending the laws in relation to aliens, as to make
their lands and other property liable to be escheated, where they have
resided in this commonwealth more, than three years without taking
any steps to become naturalized citizens, and are claiming to be citi¬
zens of foreign governments to avoid military service in the present
war.
On motion of Mr. Tomlin,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of so amending the fence law of Virgi¬
nia, passed at the last session of the general assembly, as to include
the county of King William.
Mr. Woodley submitted the following resolution; which, on his
motion, was laid on the table:
Resolved, that the committee on finance be requested to enquire
into the expediency of opening a correspondence between this state
and the other Confederate States of America, as to the propriety of is¬
suing state bonds to the amount of the outstanding treasury notes of
said Confederate States, in proportionate sums, according to the popula¬
tion and property of each, with the view of absorbing the same, and
with the further view of recommending to the government of the
Confederate States the inauguration of a system of taxation in the
future, for t.he support of the government, military and civil, accord¬
ing to estimates to be made by its executive to the congress thereof
annually.
On motion of Mr. Harkis,
Resolved, that the committee on finance be instructed to enquire
into the expediency of so amending the act passed on the 2Sth day
of March 1S63, entitled an act imposing taxes for the support of the
government, as to make all Confederate States. treasury notes re¬
ceivable in payment of taxes and other public dues to the state.
On motion of Mr. Keiley,
Resolved, that the committee for courts of justice be instructed to
enquire the expediency of increasing the compensation of the sheriffs
and sergeants of the commonwealth for the charge of the prisoners
in their respective jails, and further into the propriety of empowering
the county and corporation courts of the commonwealth to determine
for the future annually, at stated terms of said courts, what compen¬
sation shall be made to those officers for such services for each current
year.
On motion of Mr. Richardson",
Resolved, that the committee of privileges and elections enquire
into the propriety of amending the 20th and 21st sections of the
14th chapter of the Code of 1860, in relation to the mileage of mem¬
bers of this general assembly.
house* of delegates.
15
On motion of Mr. Haymond of* Braxton, &c.
Resolved, that the committee on finance enquire into the propriety
of authorizing the payment of a judgment in favor of the common¬
wealth against George J. Arnold, at a rate of interest not exceeding
six per centum per annum.
On motion of Mr. Edwards,
Resolved, that so much of the governor's message as refers to the
salaries of public officers, be referred to the committee on finance.
On motion of Mr. Wilson of Isle of Wight,
Resolved, that the auditor of public accounts be instructed to re¬
port to this house, as early as practicable, a synopsis of the financial
condition of the commonwealth, with an estimate of the revenues
and expenditures of this and the next fiscal year, terminating on the
30th of September 1864, and all other information required by the
resolution of the last general assembly.
Mr. James submitted the following resolution :
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill for the effectual suppression of the
crime of desertion; and the question being on agreeing thereto, Mr.
English moved to lay the resolution on the table; and the question
being on agreeing thereto, Mr. Jones demanded the previous ques¬
tion ; which was sustained by the house; and being put, was decided
in the negative. The resolution was then agreed to.
On motion of Mr. Anderson,
Resolved, that so much of the governor's message as relates to the
military defences of the country be referred to the committee on mi¬
litary affairs. . .
On motion of Mr. Hutcheson,
* Resolved, that so much, of the governor's message as relates to the
depreciation of the currency of the country be referred to the com¬
mittee on finance, with instructions to report, by bill or otherwise, .
the expediency of fixing by law the prices of all articles of merchan¬
dise, production and consumption, and wages for labor, &e., to a gold
and silver standard, and imposing such restrictions and penalties as
may be necessary for the purpose of restoring confidence in the
finances of the country.
On motion of Mr. Woolfolk, the house adjourned until to-mor¬
row, 12 o'clock.
THURSDAY, September 10, 1863.
Prayer by Rev. Dr. Duncan of the Methodist church.
The following members appeared, were qualified and took their
seats:
Messrs. McCutchen of Gilmer, &c. and Wright of Essex, &c.
The Speaker announced the following standing committees of the
house:
16
JOURNAL OF THE
Committee of Privileges and Elections—Messrs. Jones, Murdaugh,
Wilson of Isle of Wight, McCue, Jordan, Fry of Madison, Pitman,
Winston, Parramore, Hall, Edwards, White of Brooke and Hancock,
Hunter of Berkeley, English, and Robinson of Taylor.
Committee for Courts of Justice—Messrs. Rutherfoord, Brooke, Goode,
Bouldin, Gilmer, Magruder, Marr, Irving, McKinney, Marye, Cowan,
Haymond of Braxton, &c., Barksdale, Staples and Kenney. .
Committee of Schools and Colleges—Messrs. Tredway, Crockett, Reid,
Custis, Taylor of Amelia, Noland, Wright, Evans, Woodley, Snow-
den, Graham, Deyerle, Butler, Hunter of King George and Stafford,
and Taylor of Prince George and Surry.
Committee of Propositions and Grievances—Messrs. Magruder, Rid-
dick, Kaufman, Fleming, Woolfolk, Worsham, Sherrard, McCue,
Smith, Cresap, Walker of Rockingham, Thompson, Patterson, Miller,
and Nelson of Prince William.
Committee of Claims—Messrs. Kaufman, Pitman, Walker of Au¬
gusta, Mathews, Huntt, Fry of Madison, Robinson of Berkeley, Tibbs,
Walton, McCutchen, Lynch, Draper, Crawford, Coke and Goodall.
Committee on Confederate Relations—Messrs. Robertson, Shackleford,
Cummings, Baker, Ward, Powell, Irving, Williams, Pretlow, Hoge,
Cowan, Bland, Nelson of Prince William, Flood and Rust.
Committee of Roads and Internal Navigation—Messrs. Burwell,
Ward, Wilson of Norfolk, Buford, Rowan, Staples, Ambers, Keiley,
Morgan, White of Rockbridge, Bryan, Hendrick, Branch, Buffing-
ton and Herndon.
Committee on Military Affairs—Messrs. Anderson, Cummings, Ro¬
bertson, Jones, Tomlin, Burwell, Richardson, Lundy, Pendleton,
Goode, Shackleford, Randolph, Monroe, Duval and Stewart.
Committee on Finance—Messrs. Bouldin, Tomlin, Haymond of Ma¬
rion, Flood, Thomas, Reid, Noland, Marye, Powell, Pendleton, Deane,
Burr, Harris, Bowen, and Wilson of Isle of Wight.
Joint Committee to examine the Penitentiary—Messrs. Haymond of
Marion, Jordan, Fleming, James, Fletcher, Saunders of Richmond,
White of Rockbridge, Hall, Hughes, Rixey, Fauntleroy, Patterson,
Chalmers, Cox and Crawford.
Joint Committee to examine the Armory—Messrs. Richardson, Wright,
Fletcher, Burr, Duval, Hutcheson, Lurty, Kindrick, Linkous, Melvin,
Monroe, Fry of Giles, Dickey, Nighbert and Bowles.
Joint, Committee on the Library—Messrs. Baker, Anderson, McKin¬
ney, Crockett, Gilmer, Tredway, Nelson of Fluvanna, Burwell,
Evans, Butler, Magruder, Saunders of Franklin, Scott, Kenney and
Meade.
Committee on Agriculture and Manufactures—Messrs. Riddick, John¬
son of Barbour, Nelson of Fluvanna, Lively, Saunders of Franklin,
Hiett, Shelton, Johnson of Carroll, Winn, Welsh, Mullens, McMil¬
lan, McElroy, McNeil and Horton.
Committee on Enrolled Bills—Messrs. Huntt, Worsham, Rowan,
Saunders of Pendleton, Chalmers, Williams, Hiett, Holden, English,
Burnett, Hunter of King George and Stafford, Betts, McElroy,
Fauntleroy and Melvin. J
HOUSE OP DELEGATES.
17
Committee on Lunatic Asylums—Messrs. Crockett, Custis, McCtie,,
Nelson of Fluvanna, Worsham, Woolfolk, Bland, Bryan, White of
Brooke and Hancock, Snowden, Hughes, Shelton, Bust and DouthaL
Committee on Ba.nJcs—Messrs. Buford, Ward, Deanc, James, Wilson
of Norfolk, Lnndy, Walker of Augusta, Saunders of Richmond,
Keiley, Edwards, English, Ilolden, Ambers, Branch and HutcheSoik
Joint Committee on Executive Expenditures—Messrs. Woolfolk,
Mathews, Taylor of Amelia, Robinson of Berkeley, Meade, Goodall,
Buffington, Johnson of Carroll, Bowles, Burnett and Ferguson.
Joint Committee to examine the First Auditor's Office—Messrs. Am¬
bers, Williams, Wright, Randolph, Rixey, McMillan, Linkous, Goody-
koontz, Fry of Giles, McCutchen and Smith.
Joint Committee to examine the Second Auditor's Office—Messrs. Ward,
Lively, Stewart, Douthat, Scott, Saunders of Pendleton, Tibbs,
McNeil, Taylor of Prince George and Stafford, Cresap and Coke.
Joint Committee, to examine the Treasurer's Accounts—Messrs. Ma¬
thews, Johnson of Barbour, Pretlow, Robinson of Taylor, Bowen,
Mullens, Ferguson, Goodykoontz, Welsh, Morgan and Dickey.
Joint Committee to examine the Register's Office—Messrs. Lively,
Wright, Jordan, Sherrard, Miller, Lurty, Kindrick, Horton, Thomp¬
son, Woodley and Graham.
Committee to examine the Clerk's Office—Messrs. Reid,. Thomas,
Murdaugh, Lynch, Walton, Draper, Herndon, Winn, Cox, Deyerle,
and Walker of Rockingham.
Joint Committee to examine the Bonds of Public Officers—Messrs. Gil¬
mer, Marr, Brooke, Rutherf'oord, Pretlow, Hunter of Berkeley, Barks-
dale, Winston, Walton, Parramore, Haymond of Braxton, Harris and
Hoge.
On motion of Mr. Ambers,
Resolved, that a special committee be appointed to enquire into
the cause of the delay in delivering the supply of salt heretofore con¬
tracted for by Stuart, Buchanan & Co. to be delivered to the coun¬
ties of the state; also to enquire into the manner in which the board
of public works has facilitated or delayed its delivery; also that said
committee be authorized to send for persons and papers, and directed
to report at as early a day as practicable.
On motion of Mr. Tredwav,
Resolved, that the committee on confederate relations be instructed
to enquire into the expediency of reporting an address to the people
of Virginia on the state of the country.
On motion of Mr. McCce,
Resolved, that the committee proposed to be appointed on the
subject of salt be authorized to enquire on what census J. N. Clark-
son, as agent of the state, has based his distribution of salt, and whe¬
ther injustice may not have been done certain counties by the data
upon Which he has acted.
On motion of Mr. Cowan,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of providing by law for the'punishment
and prevention of smuggling.
3
n
JOURNAL OF THE
On motion of Mr. Ward,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the existing law as will more effectually
prevent the growing crime of horse stealing.
On motion of Mr. James,
Resolved, that the committee on finance enquire into the expedi¬
ency of repealing the license law to auctioneers; and also to enquire
into the expediency of reporting a bill for the suppression of the
practice of selling goods at auction in Virginia.
On motion of Mr. Magruder,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of reporting a bill amend¬
ing section 19, chapter 61 of the Code (edition of I860), so as to au¬
thorize a higher rate of charge than that now allowed, to be paid in
currency.
On motion of Mr. English,
Resolved, that the committee on*agriculture and manufactures be
instructed to enquire into the expediency of reporting a bill amend¬
ing thd act passed on the amending and re-enacting the
1st and 2d sections of an act entitled an act to repeal the fence law
of Virginia as to certain counties, &c., so as to include the county of
Henrico.
On motion of Mr. Keiley,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Petersburg fire and
hose insurance company of the city of Petersburg, Va.
On ftiotion of Mr. Walker of Rockingham,
Resolved, that the committee for courts of justice enquire into the
expediency of passing a law prohibiting the sale of property, either
personal or real, by persons who may have gone, or who may intend
to remove from this state to the United States, to avoid the operation
of the conscript or militia law, and to provide for the sequestration
or confiscation of such property, under proper circumstances and re¬
strictions.
- On motion of Mr. Miller,
Resolved, that the committee on confederate relations enquire into
the expediency of adopting some means by which the property of
the citizens of the commonwealth may be more secure from illegal
and unreasonable impressment by the confederate authorities.
On, motion of Mr. Pendleton,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the 1st section of chapter 3 of the Code
of Virginia, as to exclude from rights of citizenship all persons, resi¬
dents of this state, who have voluntarily since the 17th day of April
1861, held, or may hereafter hold any office, civil, military or judicial,
under the government of the United States, or under any usurped
government or governments of this state, organized at Wheeling or
elsewhere in Virginia; and also all persons who have voluntarily,
since the period referred to, or may hereafter enlist in the military
service of the United States, or of any such usurped government or
governments.
HOUSE OF DELEGATES.
19
On motion of Mr. Richardson,
Resolved, that the committee on confederate relations be instructed
to enquire of the proper confederate authorities what (if any) im¬
pediment exists to the attendance of members of this body who be¬
long to the army, or who hold commissions in the army, and report
to this house.
On motion of Mr. Goode,
Resolved, that the committee for courts of justice enquire into the
expediency of making it compulsory upon agents appointed by the
county courts to disburse the fund appropriated for the benefit of
necessitous soldiers' families, to act, and also of punishing by fine any
willful neglect of duty on the part of such agents.
On motion of Mr. Worsiiam,
Resolved, that the committee on finance enquire into the expedi- .
ency of making an appropriation for the support of the families of
soldiers left within the lines of the enemy.
On motion of Mr. Rowan,
Resolved, that the committee on finance enquire into the expedi¬
ency of reporting a bill repealing the law requiring claims allowed
by the auditing board to be approved by the general assembly 4
On motion of Mr. Walton,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the acts yf assembly passed at the extra
session of 1862, amending section 13th, chapter 207, and section 5th,
chapter 205 of the Code of Virginia, which prohibit the discharge of
prisoners charged with crime during a time of war, in cases where
they have not been tried before an examining court, or indicted or
tried before a circuit court, as to authorize bail, and provide that
such imprisonment in any event shall not continue beyond a certain
limitation.
Mr. Cummings submitted the following resolution; which, being
objected1 to, was laid over under the rule:
Resolved, that the legislation, at this called session, be confined to
subjects enumerated in the governor's message, and other subjects of
urgent and pressing necessity.
On motion of Mr. Woolfolk,
Resolved, that John N. Clarkson, the superintendent of salt, be
requested to inform this house what quantity of salt has been manu-*
factured by him ; what quantity has been distributed to the counties
of this state; what quantity it is likely will be distributed by the 1st
of November next; and that he also report the rules under which he
acts, as prescribed by the board of public works; and that he further
inform this house whether he is manufacturing salt on state account
alone, or has leased a portion of the furnaces to private individuals;
and if so, how many, and on what terms.
Mr. Barksdale presented the petition of George H. West, com¬
plaining of the undue election of David Chalmers, a delegate from
the county of Halifax; which was ordered to be referred to the com¬
mittee of privileges and elections.
Mr. Brooke presented the petition of William E. Gaskins and
20
Journal of the
James H. Gaskins of Fauquier, asking relief from the operation of a
lien upon certain real estate, on condition of paying into the treasury
the amount of said lien, to be invested and applied to the use of the
school commissioners of Prince William county, in whose favor said
lien exists; which was ordered to be referred to the committee for
courts of justice.
On motion of Mr. Fleming, the house adjourned until to-morrow,
12 o'clock.
FRIDAY, September 11, 1SG3.
Prayer by Rev. Dr. Duncan of the Methodist church.
Mr. Bouldin, from the committee on finance, presented the follow¬
ing bill:
No. 1. A bill amending and re-enacting the 109th section of an
act entitled an act imposing taxes for the support of government,
passed March 28th, 1863; which was read a first time, and ordered
to be read a second time.
Mr, Robertson, from the committee on confederate relations, pre¬
sented the following report; wjiich was agreed to:
The committee on confederate relations, to whom it was referred
to enquire into certain alleged impediments to their attendance on
this house by members thereof, occasioned by the action of officers
of the confederate army, have performed that duty, and beg leave to
report:
The only case that seemed to require present action, brought to
the notice of the committee, w&s that" of Lieut. Col. B. R. Linkous,
of the 36th Virginia regiment, elected to represent the counties of
Fayette and Raleigh in the present house of delegates. B;f a letter
from that gentleman, addressed to this house, which was laid before
the committee and is presented herewith, it appeared that he had
duly applied to his commanding officers, Col. McCausland and Gen.
S. Jones, for leave of absence to attend the present session of the
house, but had been refused the leave asked by both those officers,
"Sand was thereby detained from his duties here. The committee
thereupon directed their chairman to bring this fact to the notice of
the secretary of war, and ask his immediate intervention to correct
the procedure, by ordering the proper furlough to be issued to Lieut.
Col. Linkous without delay. By the subjoined correspondence, pre¬
sented as part of this report, it will be seen by the house, with satis¬
faction, that the secretary had alread}?1, on being informed of the
ease, issued proper instructions, before receiving the communication
of the committee.
Your committee ask, therefore, to be discharged from the further
consideration of the subject.
Wy. Robertson, Chn.
HOUSE OP DELEGATES.
21
Com'ee Boom Com'ee Confed. Relations,
September 10, 1S63.
Dear Sir:
Lieut. Col. B. R. Linkous—36th Virginia—the
delegate elect of the counties of Fayette and Raleigh, has brought
to the attention of the house of delegates his detention from his seat'
in that body by the refusal of his superior officers, Col. McCausland
and Gen. Sam. Jones, to accord him a leave of absence for that pur¬
pose. The subject having been referred to the committee on confede¬
rate relations, I am instructed by them to bring the matter to your
notice, with a request that you will give such instructions as shall
cause Lieut. Col. Linkous to be immediately furnished with such fur¬
lough as may enable him to attend without delay on the service of
the house.
I should be glad to be able to state to-morrow to the house, that
the order requested had been issued.
I am, very respectfully,
Youii ob't servant,
Wyndiiam Robertson,
Chn. Com. Confed. Relations.
H n. J. A. Seddon, Sec. of War.
Confederate States of America, War Dep't,
Richmond, Va., Sept. 11, 1863.
Sir :
In reply to your letter of yesterday, I have the honor
to say, that a leave of absence had been granted to Lieut. Col. B. R.
Linkous, of the 36th Virginia regiment, a member of the house of
delegates, before the subject was brought to my attention by your
official communication. The leave was given as soon as the applica¬
tion reached the department, and the order transmitted to G en. Jones.
Your ob't serv't,
James A. Seddon,
Scc'y of War.
Wyndham Robertson, Esq.
Chn. Com. Confed. Relations.
The Speaker laid before the house a communication from the go¬
vernor, enclosing the papers transmitted by Col. Stevens of the engi¬
neer department of the Confederate States, relating to the recent call
for slaves to work on fortifications, which was read, and on motion,
•laid on the table and ordered to be printed. Doc. No. 4.
The Speaker laid before the hbuse a communication from the au¬
ditor of public accounts, in response to a resolution of the house of
delegates, asking for a synopsis of the financial condition of the com¬
monwealth, &c.; which was read, and on motion, laid on the table
and ordered to be printed. Doc. No. 5.
The Speaker announced the following select committee under the
22
JOURNAL OF THE
resolution heretofore agreed to respecting contracts for salt made by
Stuart, Buchanan & Co., with the counties of the commonwealth:
Messrs. Magruder, Ambers, Haymond of Marion, Deane, Fleming,
Woolfolk, McCue, Gilmer, Worsham, Walton, Ferguson, White of
Rockbridge, and Hunter of Berkeley.
Mr. Pitman, by unanimous consent, was added to the committee
on military affairs.
On motion of Mr. Anderson,
Resolved, that the committee on military affairs have leave to sit
during the sessions of the house.
On motion of Mr. Hall, the communication from the governor in
relation to the confinement of persons convicted of offences Jay mili¬
tary courts, in the penitentiary of the state, heretofore laid on the
table, was taken up and referred to the committee on confederate
relations.
Mr. Saunders of Richmond presented the petition of W. G.
Paine, president of the Old Dominion trading company, praying a
change of the charter of said company, which was ordered to be re¬
ferred to the committee of propositions and grievances.
Mr. Barksdale presented the petition of Capt. E. R. Young and
others, in relation to the contested election from the count}^ of Hali¬
fax; which was ordered to be referred to the committee of privileges
and elections.
On motion of Mr. Haymond of Marion,
Resolved, that the committee on military affairs be requested to
enquire into the propriety of extending the term of service of the
first class militia from six to twelve months, and that the militiamen
who have furnished substitutes in the confederate service be consti¬
tuted the first class.
On motion of Mr. James,
Resolved, that the committee on finance enquire into the expedien¬
cy of increasing the allowance to sheriffs for removing prisoners and
convicts from one jail to another, and from the different jails of the
commonwealth to the penitentiary.
On motion of Mr. Haymond of Marion,
Resolved, that the committee on finance enquire into the pro¬
priety of offering bounties to the female heads of families for family
manufacturing of cloths of all descriptions. .
On motion of Mr. Meade,
Resolved, that so much of the governor's message as relates to the
call recently made by the secretary of war for slaves to work on for¬
tifications, be referred to the committee on confederate relations, with
instructions to report what legislation (if any) is necessary to secure
a just and equal apportionment of said slaves among the several
counties of the commonwealth.
The resolution heretofore submitted by Mr. Woodley, that the
committee on finance be requested to enquire into the expediency of
opening a correspondence between this state and the other Confede¬
rate States of America, as to the propriety of issuing state bonds to
the amount of the outstanding treasury notes of said Confederate
HOUSE OF DELEGATES.
23
States, in proportionate sums, according to the population and pro¬
perty of each, &c., was taken up and agreed, to.
On motion of Mr. Hutcheson,
Resolved, that the committee for courts of justice be requested
to enquire into the expediency of suppressing by law all auction es¬
tablishments within the limits of this commonwealth during the ex¬
istence of the present war.
On motion of Mr. Deane,
Resolved, that the committee of roads and internal navigation
enquire into the expediency of regulating by law the use of the rail
roads of the state by the Southern express company.
On motion of Mr. McCue,
Resolved, that it be referred to the committee of agriculture and
manufactures to institute proper legislation to protect sheep, not only
from injudicious marketing the same, but also of safety from dogs.
On motion of Mr. Lurty,
Resolved, that the committee on military affairs enquire into the
expediency of this house doing nothing whatever to weaken the con¬
federate government.
On motion of Mr. Barksdale,
Resolved, that the committee for courts of justice enquire into the
expediency of providing for the payment to the owners thereof the
value of slaves impressed for the use of the Confederate States, who
have died in consequence of negligence on the part of the authorities
of the said Confederate States.
On motion of Mr. Pendleton,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the 12th section of chapter 184 of the Code
of Virginia, so as to increase for a limited period the charge for print¬
ing records in the supreme court of appeals.
On motion of Mr. Stewart,
Resolved, that the committee for courts of justice be requested to
enquire into the expediency of prohibiting the distillation of liquors
from grain by individuals within the state, and of prohibiting the
purchase of grain for that purpose.
On motion of Mr. Fleming,
Resolved, that the committee on the salt question be instructed to
enquire into and ascertain as near as possible the cost per bushel of
the manufacture of salt by the state, superintendent, J. N. Clarkson.
On motion of Mr. Walton,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of prohibiting by law the sale of the roll¬
ing stock, rail road iron and other machinery of the rail roads of this
state into other states of the Confederacy, to be used beyond the
limits of this state.
On motion of Mr. Herndon,
Resolved, that the committee for courts of justice enquire into the
expediency of passing a law to prohibit the purchase of the neces¬
saries of life for the purposes of speculation.
On motion of Mr. G-oode,
Resolved, that the committee for courts of justice enquire into the
24
JOURNAL OF THE
expediency of providing by law that no judgment creditor whatever
shall hereafter be entitled to have levied any execution, unless there
be endorsed thereon a willingness to receive confederate- money in
satisfaction of the same.
. On motion of Mr. Shackleford,
Resolved, that the committee on finance be instructed to enquire
into the expediency of exempting from taxation those counties of the
state which have been or are now occupied by the public enemy.
On motion of Mr. Gtlmek,
Resolved, that leave be granted to withdraw from the files of this
house, bill 6S, passed at the last session, entitled a bill to authorize
county and corporation courts to cause impressmeuts to be made of
certain articles for county purposes, and that the same be referred to
the committee for courts of justice.
On motion of Mr. Magruder,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of reporting a bill amending the 3d section
of the charter of the James river canal packet company, so as to in-1
crease the capital thereof.
Mr. Magruder presented the petition of the said packet company,
praying a change in their charter.
On motion of Mr. Custis,
Resolved, that leave be granted to bring in a bill to amend the act
passed March 30, 1863, for the production and distribution of salt.
On motion of Mr. Maryet
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of providing by law that whenever, by
reason of the presence of the public enemy, or other causes produced
by the existing war, the administration of justice cannot be conducted
in the courts of any county of this commonwealth, then all friendly
proceedings and orders in chancery and at law needful for the divi¬
sion, distribution and settlement of the estates of decedents, and in
other cases needing judicial action, which occur in said counties,
wherein the rights of no person will be prejudiced by judicial action
had therein in the courts of another county, may be conducted and
had in the courts of any neighboring county wherein the administra¬
tion of justice is not so obstructed.
On motion of Mr. Pretlow,
Resolved, that the committee on confederate relations be instructed
to enquire into the propriety of exempting the county of Southamp¬
ton, and other counties on the confines of the enemy's lines, from the
late call of the secretary of war upon the governor of this common¬
wealth to furnish slaves for working upon fortifications.
On motion of Mr. Hunter of Berkeley,
Resolved, that the committee on salt be instructed to enquire into
the expediency of furrfishing salt to such of the counties of the com¬
monwealth as have not been so furnished under the acts of the gene¬
ral assemblyTieretofore passed on that subject.
On motion of Mr. Robertson,
Resolved, that so much of the governor's message as relates to con¬
federate affairs be referred to the committee on confederate relations.
HOUSE OF DELEGATES.
25
On motion of Mr. Haymond of Marion,
Resolved, that the special committee raised yesterday upon ques¬
tions relating to the distribution of salt, enquire whether families
driven from their homes and who are now living in counties not in
the possession of the enemy, are excluded from the benefits of county
distributions of salt by county courts and their agents.
On motion of Mr. Rust,
Resolved, that the committee on confederate relations be instructed
to enquire of the proper confederate authorities whether the number
of hands now detailed by the various government contractors may
not be reduced without detriment to the public interest.
On motion of Mr. Morgan,
Resolved, that the committee for courts of justice be instructed to en¬
quire into the expediency of "prohibiting bylaw the distillation of fruit.
On motion of Mr. Miller,
Resolved, that the committee for courts of justice enquire into the
expediency of dispensing with a part of the evidence in admitting
wills to probate in cases wherein the witnesses are within the lines
of the enemy.
On motion of Mr. Hutcheson,
Resolved, that the committee on military affairs be requested to
enquire into the expediency of the state of Virginia making some
other and suitable provision for the support of the families of her
quota of soldiers in the confederate army, by paying them such ad¬
ditional compensation for their patriotic services as may be necessary
for their comfortable support.
Mr. Rutherfoord submitted the following joint resolution:
Resolved, that with the concurrence of the senate, this house will,
in the presence of the senate, proceed, on to-morrow at 1 o'clock, to
open the returns of the election for governor and for lieutenant gover¬
nor; to count the votes, and determine who have been elected by the
people to the said offices; and the question being on agreeing thereto,
was put, and decided in the affirmative.
Ordered, that Mr. Rutherfoord carry the same to the senate, and
request their concurrence therein.
On motion of Mr. Haymond of Marion,
Resolved, that the committee on banks be directed to enquire into
the propriety of prohibiting by law the buying, selling or exchanging
the currency of this state or the Confederate iStat.es for less than its
nominal value, for any money or the currency of any other govern¬
ment, during the continuance of the present war.
On-motion of Mr. Kaufman,
Resolved, that the committee on confederate relations enquire into
the expediency of preventing the detail of hands to manufacturers
who refuse to receive the currency of the country.
On motion of Mr. Keiley,
Resolved, that leave be given to withdraw from the files of the
house, bill 2-32, session of 18-59-60, and refer the same to the com¬
mittee for courts of justice.
4
26
JOURNAL OP THE
On motion of Mr. Burr,
Resolved, that leave be given to withdraw the petition of William
F. Ritchie, public printer, presented at the last session, and that the
same be referred to the committee on finance.
On motion of Mr. Hall,
Resolved, that the committee on confederate relations be instructed
to enquire what legislation (if any) is necessary to protect the citizens
of Virginia from military arrest and imprisonment.
On motion of Mr. Richardson,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill to authorize a Search
of premises suspected to be used for the manufacture of grain, and
other articles prohibited by law, into ardent spirits.
On motion of Mr. Deyerle,
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing the county courts to appoint commissioners,
whose duty it shall be to procure and sell to the citizens thereof all
necessary articles or supplies for the consumption of said citizens, at
cost.
On motiop of Mr. haymond.of Braxton, &c.
Resolved, that so much of the governor's message as relates to the
Virginia Central rail road, be referred to the committee of roads and
internal navigation. .
On motion of Mr. Haymond of Braxton, &c.
Resolved, that the committee for courts of justice enquire into the
propriety of providing by law that the passing of, or dealing in any
federal paper currency, shall be punished by confinement in the peni¬
tentiary, and that the traffic in bank notes, gold and silver, or other
currency of Virginia, shall be punished as a high misdemeanor, and
also the propriety of prohibiting brokerage in the state of Virginia.
On motion of Mr. Barksdale,
Resolved, that the committee of privileges apd elections be in¬
structed to obtain from the secretary of the commonwealth all polls
and papers now in his possession pertaining to the contest for the seat
of one of the delegates from the county of Halifax.
(Demotion of Mr. Ccstis,
Resolved, that leave be giyen to bring in a bill amending and re-
enacting the act passed March 30th, 1863, entitled an act for the pro¬
duction and distribution of salt.
The Speaker announced the following committee under the reso¬
lution : Messrs, Custis, Buford and Fleming.
Subsequently, Mr. Custis, from the committee, presented the fol¬
lowing bill:
"No. 2. A bill amending and re-enacting the 11th section of the
act passed March 30tii, 1S63, entitled an act to provide for the
production and distribution of salt; which, on his motion, was read
a first time, and two-thirds concurring, read a second time, and or¬
dered to be engrossed and read a third time.
On motion of Mr. Magruder, the house adjourned until to-mor¬
row, 12. o'clock.
HOUSE OF DELEGATES.
27
SATURDAY, September 12, 1863.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
lit Senate, Sept. 11, 1863.
The senate have agreed to the resolution from the house of dele¬
gates in relation to counting the vores for governor and lieutenant
governor, with an amendment.
In which amendment they respectfully request the concurrence of
the house of delegates.
The amendment proposed by the senate to the resolution was
agreed to.
The resolution as amended is as follows :
Resolved, that with the concurrence of the senate, this house will,
in the presence of the senate, proceed, on to-morrow at 1 o'clock, to
open the returns of the election for governor and for lieutenant go¬
vernor, to count the votes,, and determine who have been elected by
the' people to the said offices; that the speaker of the house of dele¬
gates shall open the returns from the several counties and corpora¬
tions ; and as each county or corporation is announced, the senator
and delegates representing the same (or if either be absent, then such
person as the speaker may appoint instead) shall receive said returns
and count the votes. They shall record the vote of each precinct,'
and adding all together, deliver the sum thereof to the clerk of the
house, who shall embody the several results in a general statement;
thereupon, a committee of three senators and five delegates shall add
up the entire vote for governor and for lieutenant governor thus as¬
certained, and add to it such other votes as may have been taken
elsewhere under existing laws—and the speaker of the house of dele¬
gates shall announce the result, and declare thereon who is elected.
The Speaker announced the following committee Under the joint
resolution: Messrs. Rutherfoord, Magruder, Buford, Crawford and
Marye.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bills:
No. 3. A bill to increase jailors' fees for keeping and supporting
prisoners.
No. 4. A bill to authorize the county court of King William to
dispense with the existing laws in regard to enclosures, so far as that
county may be concerned.
Mr. Bouldjn, from the committee on finance, presented the fol¬
lowing bills :
No. 5. A bill making an appropriation to pay certain expenses of
government.
No. 6. A bill to prevent public officers from speculating in con¬
federate notes.
On motion of Mr. Haymond of Braxton, &c.
Resolved, that leave be given to withdraw from the files of this
house, senate bill 77, passed March 24, 1863.
28
JOURNAL OF THE
On motion of Mr. Hunter,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of requiring all able-bodied foreigners
and refugees, within the conscript age, and at present sojourning
within the limits of this commonwealth, to serve in the army or
leave the state.
On motion of Mr. Worsham,
Resolved, that the committee on confederate relations enquire
what (if any thing) can be done with safety to the public, so that
furloughs granted to soldiers may be used as passes to their seve¬
ral places of destination, and what further arrangement can be
made to relieve loyal citizens, both males and females, from the
impediments now existing in the passport system in this state.
On motion of Mr. Holden,
Resolved, that the committee on military affairs enquire into the
expediency of legislating for the removal of all slaves of those coun¬
ties invaded by the public enemy.
On motion of Mr. Rixey,
Resolved, that the committee for courts of justice enquire into the
expediency of increasing the compensation now allowed by law to
commissioners of the revenue, sheriffs and commonwealth's attorneys.
Mr. Morgan submitted the following resolution:
Resolved, that the general agent of the penitentiary be required
to report to this body what purchases of raw material and provisions,
and what sales of manufactured goods he has made for said institu¬
tion, and what sales (if any) he has made for private parties, and the
amount of the per centum received from sales for the state and frotn
sales for private parties.
Mr. Robertson moved to amend the resolution, by striking out
the following words : " and what sales (if any) he has made for pri¬
vate partiesand the question being on agreeing thereto, was put,
and decided in the affirmative.
The resolution as amended was then agreed to.
On motion of Mr. Winston,
Resolved, that the committee of privileges afld elections enquire
into the expediency of so amending the eighth section of an act
passed March 26th, 1863, as to requirq all polls taken in camps to
be forwarded by mail when practicable.
Oh motion of Mr. English,
Resolved, that the committee on military affairs be requested to en¬
quire into the expediency of enrolling all refugees, who are domiciled
in the state, with the second class militia.
On motion of Mr. Staples,
Resolved, that the committee on military affairs enquire into the
expediency of repealing the act of February 12th, 1863, entitled an
act to provide for the discharge from active military service of per¬
sons who have furnished substitutes. *
On motion of Mr. Nelson of Fluvanna,
Resolved, that so much of the governor's message as relates to the
necessity of legislation to enable the Virginia Central, Orange and
HOUSE OF DELEGATES.
29
Alexandria, and Virginia and Tennessee fail roads to procure necessary
labor for preserving their roads in running order during the war, be
referred to the committee on military affairs.
On motion of Mr. Robinson,
Resolved, that the committee on finance be instructed to enquire
whether'tlie employees in the different offices under the state govern¬
ment should not have their salaries increased in proportion to the
increased cost of living.
On motion of Mr. Pendleton,
Resolved, that the committee on finance enquire into the expe¬
diency of suppressing by law all trade in gold and silver; the sale,
purchase or reception of any treasury note of the Confederate States
at less than its par value, and of suppressing in like manner the pur¬
chase, sale or reception, at any other rate than par, of any bank note
of this or any other confederate state, or any treasury note of this
state or any confederate state; and of prohibiting absolutely the
purchase, sale or reception, on any terms, of any treasury note issued
under authority of the government of the United States, or of any
note of any bank or corporation existing in said United States, or
any of them.
A message was received from the senate by Mr. Johnson, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act amending and re-enacting the 109th section of an act
entitled an act imposing taxes for the support of government, passed
March 28, 1SG3, No. 1: in ,which they respectfully requested the
concurrence of the house of delegates.
The resolution heretofore submitted by Mr. Cummings, as follows:
Resolved by the general assembly, that the legislation at this called
session be confined to subjects enumerated in the governor's message,
and other subjects of urgent and pressing necessity—was taken up,
on his motion.
Mr. James moved to amend the resolution, by striking out the
entire resolution^ and inserting the following:
" Resolved, that no member be allowed to speak longer than five
minutes or more than once on any resolution of enquiry"—and the.
question being on agreeing thereto, was put, and decided in the affir¬
mative.
The resolution as amended was agreed to.
On motion of Mr. Buford,
Resolved, that the committee on the penitentiary be instructed to
enquire into the expediency of so amending section 17 of chapter 1J
of the Code of Virginia, as to limit the amount of compensation to
be received by the general agent and storekeeper of the penitentiary.
The hour of 1 o'clock having arrived, farther business was sus¬
pended ; and the senate was informed by Mr. Rutiierfoord that the
house was ready to proceed to the execution of the joint order for
counting the votes for governor and lieutenant governor; and there¬
upon the seriate repaired to the hall of delegates, preceded by their
president and clerk: and the Speaker proceeded to open the returns
30
journal of the
of election, and submit them to the senators and delegates for their
inspection.
Subsequently, Mr. Rutherfoord, from the joint committee, pre¬
sented the following report:
The joint committee of the senate and bouse of delegates, ap¬
pointed for the purpose of counting the votes reported by the com¬
mittees on the returns of each county, and to examine the embodied
statement thereof, made by the clerk of the house of delegates, and
to add thereto such other votes as may have been taken elsewhere
under existing laws, report the following result:
Tbe aggregate vote for governor is—
For William Smith, - - 28,613 votes.
For Thomas S. Flournoy, - 23,453 "
For George W. Munford, - 7,478 "
For all others, - - 353 "
The aggregate vote for lieutenant governor is—
For Samuel Price, - - 27,411 votes.
For John D. Imboden, - - 21,297 "
For all others, - , - - 1,940 "
In the tabular statement prepared by the clerk of the house of
delegates from the reports of the committees on the returns of each
county, the votes of Pittsylvania and Prince George are not included,
the returns from these counties not having been found among the
papers placed in the possession of the two houses. But your com¬
mittee have seen a tabular statement prepared by the secretary of the
commonwealth, from returns examined by him, by which it appears,
that the aggregate vote in these two counties was, for governor, 501
votes for William Smith, 862 votes for Thomas S. Flournoy, and 95
votes for George W. Munford; and for lieutenant governor, 774 votes
for Samuel Price, and 192 votes for John D. Imboden. The reported
votes of these counties have not been embraced in the computation
made by the committee, but the result is not there!)}* affected.
Ro. A. coghill,
Chn. Senate Com? lee.
John C. Rutherfoord,
Chn. House Com?tee..
And thereupon the Speaker declared William Smith duly elected
governor of this commonwealth for four years from the 1st day of
January ]SG4, and Samuel Price duly elected lieutenant governor of
this commonwealth for four years from the 1st day of January 1864.
The senate retiring,
On motion of Mr. Haymond of Marion, the house adjourned until
Monday, 12 o'clock.
HOUSE OF DELEGATES.
MONDAY, September 14, 1S63.
Prayer by Rev. Mr. Sprigg of the Episcopal church.
The Speaker laid before the house a communication from the go¬
vernor, enclosing an order from the hustings court of the city of
Richmond, declining-to make any provision in answer to the requi¬
sition for slaves to work on the fortifications around the city; which
was read, and on motion, referred to the committee for courts of
justice.
The Speaker laid before the house a communication from the
board oF public works, enclosing the report of said board, acting,
under an act of assembly, as a board of supervisors for the produc¬
tion and distribution of salt; which was read, and on motion of Mr.
Cowan, laid on the table and ordered to be printed. Doc. No. 6.
No. G. A bill to prevent public officers from speculating in con¬
federate notes, was read a first time, and ordered to be read a second
time.
A senate bill entitled an act amending and re-enacting the 109th
section of an act entitled an act imposing taxes for the support of
government, passed March 28th, 1S6-3, was read a first and second
rimes, and on motion of Mr. Anderson, was read a third time and
passed—Ayes 118, noes 2.
Ayes—Messrs. Sheffey (speaker), Anderson, Baker, Barksdale, Bouldin, Bowen, Branch,
Brooke, Bryan, -Buffington, Buford, Burnett, Butler, Burwell, Chalmers, Coke, Cowan,
Crawford, Cresap, Crockett, Cuminings, Deane, Deyerlc, Dickey, Douthat, Draper, Duval,
English, Evans, Ferguson, Fleming, Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goodall,
Goude, Coodykoontz, Graham, Harris, L. D. Haymond, T. H. Ilaymond, Hendrick, Hern-
don, Hiett, Holden, Horton, Huntt, Hutcheson, Irving, James, J. B. Johnson, W. John¬
son, Jones, Jordan, Kaufman, Keiley, Kenney, Kindriclc, Lively, Lnudy, Lynch, Magru-
der, Marr, Mathews, McCue, McCutchen, McElroy, McKinney, McNeil, Meade, Melvin,
Miller, Monroe, Morgan, Mullens, It. E. Nelson, Nighbert, Pitman, Pretlow, Powell, Reitl,
Richardson, Rixey, J. A. Robinson, Rowan, Ryst, Rutberfoord, D. J. Saunders, E. T.
Saunders, F. Saunders, Shackleford, Sbelton, Sherrard, Smith, Snowden, Staples, Stewart,
It. F. Taylor, T. W. Taylor, Thomas, Thompson, Tomlin, Tredway, J. *C. Walker, Walton,
Ward, N. W. White, R. J. White, Williams, J. L. Wilson, S. M. Wilson, Winn, Winston,
Woodley, Worsham and Wright—118.
Noes—Messrs. Edwards and Hall—2.
Ordered, that the clerk inform the senate thereof.
Mr. Jones, from the committee of privileges and elections, sub¬
mitted the following resolution : *
Resolved, that the committee of privileges and elections be autho¬
rized and empowered to send for persons and papers in considering
and determining the contested election case from the county of Hali¬
fax; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
On motion of Mr. Nelson of Fluvanna,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending section 29 of chapter 1-58 of the Code of
Virginia (edition of I860), as to authorize judges of the circuit courts
to hold special terms for the trial of cases involving violations of the
act of assembly imposing penalties for the unlawful distillation of
grain, etc.
32
JOURNAL or THE
The Speaker presented the petition of John Nunan of Augusts
county, asking to have refunded the tax on his license as a distiller;
which he was prevented from using by the act of the general assem¬
bly; which was ordered to be referred to the committee on finance.
Mr. English presented the petition of the justices of Henrico,
asking for the exemption of certain constables of the said county;
which was ordered to be referred to the committee on military affairs.
Mr. Keiley presented the petition of the hustings court of Pe¬
tersburg, praying that the court be authorized to fix the compensa¬
tion of their clerk and sergeant; which was ordered to be referred to
the committee for courts of justice.
Mr. Tredway presented the petition of R. II. Dejarnette and
others, in relation to the organization of the militia; which was or¬
dered to be referred to the committee on military affairs.
On motion of Mr. Raymond of Marion,
Resolyed, that so much of the governor's message as relates to the
penitentiary, and the other documents referred to in said message, be
referred to the committee on the penitentiary.
On motion of Mr. Tredway,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the stay law, so as to enable judges of cir¬
cuit courts to order sales under deeds of trust in certain cases.
On motion of Mr. Fry of Madison,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill authorizing the im¬
pressment of a force of free negroes, to be employed in repairing
those rail roads in the state liable to raids of the enemy.
On motion of Mr. Monroe,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill making it a penal
offence, punishable by fine or imprisonment, for any person domiciled
in this commonwealth to refuse to sell, for the necessary support of
the families in this state, of soldiers who are in the army of the Con¬
federate States or the militia of this state, all their surplus of grain
and meat over and above the necessary consumption of their own
families, or who may charge a higher price for the same than is
adopted by the commissioners of Virginia, in their schedule of prices,
deducting the cost of transportation, or who may refuse to receive in
payment therefor Confederate States treasury notes.
On motion of Mr. IIutcheson,
Resolved, that the committee on banks be requested to enquire
into the expediency of requiring the banks of this commonwealth to
redeem in specie the currency they now have outstanding, and of
prohibiting them in the future from issuing their notes as currency.
On motion of Mr. Saunders of Richmond,
Resolved, that leave be given to withdraw from the files of the
house, senate bill 97 of the last session, and that the same be referred
to the committee for courts of justice.
On motion of Mr. Morgan,
Resolved, that the committee of roads and internal navigation en-
HOUSE OP DELEGATES.
33
quire into the expediency of so amending the existing law as to in¬
crease the present rates of toll on turnpikes.
On motion of Mi\ Nelson of Fluvanna,
Resolved, that the committee for courts of jnstice^enquire info the
expediency of*reporting a bill repealing or modifying the 1st, 2d, dd,
4th and 5th sections ot chapter 115 of the Code of Virginia (edition
of I860), which now authorize aliens-to take and dispose of lands.
On motion of Mr. Deyerle,
Resolved, that the c.ominittee on confederate relations be and are
hereby instructed to confer with the confederate authorities, to asccs-
tain if arrangements cannot be made to employ the convicts at the
penitentiary on government work, and thereby enable them to send
into the field a large number of the detailed men novV employed by
the government in their shops, &c.
On motion of Mr. Haymond of Marion,
Resolved, that a special committee be appointed to enqujre into
the expediency of reporting a bill authorizing the governor of this
state to hire to the Virginia Central rail road company and the Vir¬
ginia and Tennessee rail road company so many of the convicts in
the penitentiary, such as can be spared and are non-producing, and
suitable to work oil said roads, taking care to provide for their safe¬
keeping and restoration by said rail road companies.
The Speaker announced the following committee under the reso¬
lution : Messrs. Haymond of Marion, Deane, JIagruder, Fry of Ma¬
dison, Cummings, Bryan, and Nelson of Fluvanna.
On motion of Mr. Hutcheson, •>
Resolved, that the .committee on banks.be requested to. enquiie-
iuto the expediency of repealing so much of an act passed'May 15,.
lfiCs*, authorizing certain counties, cities and towns of this common¬
wealth tp issue notesa less denomination than five dollars, as will
prohibit the future issue of such currency, and the propriety of re¬
quiring said counties, cities and towns to redeem, at as early a day
as practicable, the notes they have heretofore iSsued, in confederate
currency.-
On motion of Mr. Scott,
ResolvOI, that the committee for courts of justice enquire into tlm
expediency of reporting a bilf imposing a heavy penalty upon any
person or persons who buy or cdntract to buy any merchandise; or
dissuade persons from bringing their goods to market or peisuadijig
them to enhance the price thereof for the purpose of forestalling the
maikets of Virginia: also enquire into the expediency of a law pro¬
hibiting persons from engrossing large quantities of tlje necessaries
of |ife, to resell them at exorbitant prices, thereby securing to them¬
selves the monopoly of trade in this commonwealth: also the ex¬
pediency of a law prohibiting the buying- of all articles of trade for
the purpose of reselling them in the same market in which they
were purchased.
On motion of Mr. Stewart,
Resolved, that the committee on banks enquire into the expediency
5
34
JOURNAL OP THE
of compelling the banks of the commonwealth to receive all Con¬
federate States treasury notes on deposit.
Mr. McCutchen submitted the following resolution: ^
Resolved, that the committee on military affairs enquire into the
expediency of requiring the members of the legislature, within the
ages of IS and 45 years, to do military service with the second class
militia of the state.
Mr. Haymond of Marion moved to amend the resolution, by strik¬
ing out " second class," and inserting " first class;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
•Mr. Anderson moved' to amend the resolution as amended, by
striking out the resolution, and inserting "of repealing so much of
the exemption get as exempts members of the general assembly;" and
the question being on agreeing thereto, was put, and decided in the
affirmative.
The resolution as amended was agreed to.
On m'otion of Mr. Woodley,
Resolved, that the committee on confederate relations enquire into
the expediency of requesting the president to call an extra session of
congress at tjie earliest practicable day, for the purpose of devising
some plan for the withdrawal of the confederate treasury notes, now
outstanding; from circulation as currency, and for the adoption of
means to defray the future expenditures of the government without
the necessity of a resort to the further issue of said treasury notes.
On motion of Mr. Cowan,
Resolved, that the committee for courts of justice enquire into the
expediency of repealing the stay law, so far as to permit the collec¬
tion of debts where the creditor is willing to receive Confederate
States^ treasury notes..
On motion of Mr. Maoruder,.
Resolved, that the committee of privileges tPhd elections'enqiyre
into the expediency of reporting a bill amending the 1st section oi
chapter 10 of the Code of Virginia (edition of 1860), so as to extend
the time within which a person intending to contest the election of
another, shall be required to give notice of such contest.
On motion of Mr. Kenney,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of so amending the existing lavy as to
increase the fees of master commissioners in chancer}7. %
Mr. White of Brooke and Hancock submitted the following pre¬
amble and resolution:
Whereas the rate of compensation fixed by law for members of the
general assembly is, in contemplation of law? a specie compensation,
and if paid now in specie, would be more than adequate to defray
the necessary expenses of members: and whereas it is not expedient
to pay the same in specie:
Resolved, that the committee for courts of justice enquire into the
legality and expediency of fixing some rate in currency, not exceed¬
ing in value the present compensation, which shall be received in
|ieu of the present per diem fixed by law.
H0T7SE OP DELEGATES.
35
Mr.JSmith submitted the following resolution:
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of adopting some measures by which the
persons and property of citizens of Virginia may be more effectually
protected from lawless outrages now daily committed by soldiers of
the Confederate States; also some means by which such offenders
may be held amenable to the laws of this commonwealth.
Mr. Haymond moved to amend the resolution, by striking out the
words "now daily committed by soldiers of the Confederate States;'f
and-the question being on agreeing thereto, was put, and decided in
the affirmative.
' Mr. Shaukleford moved that the resolution as amended be laid
on the table; and the question being on agreeing thereto, was put,
and decided in the negative.
* Mr. James moved the indefinite postponement of the resolution,
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—Ayes 33, noes S3.
On motion of Mr. James, the vote was recorded as follows:
AYES—Messrs. Buford, Burnett, Burwell, Gowaii, Dickey, Edwards, Ferguson, Fletehei,
Goodall, L. D. Hayinond, Herndon, Huge, Huntt, Hutcheson, James. J. B. Johnson, W.
Johnson* Kenney, Lundy, McCutehen, Morgan, Nighbert, Pitman, J. A. Robinson, E T.
Saui.ders, F. Saunders, Shackleford, Staples, Thompson, J. C. Walker, J. L. Wils m,
S. M. Wilson and Woodley—33.
Noes—Messrs. Shelfey (speaker), Anderson, Baker, Barksdale, Bbuldin, Bow en, Brunch,
Brooke, Bryan, Buffington, Butler, Chalmers, Cox, Cresap, Crockett, Cumruings, Deaue,
Deyerle, Douthat, English, Evans, Fleming, Flood, A. Fry, W. O. Fry, Gilmer, Goode,
(lutidykooutz, Graham, Harris, T. S. Haymoud, Hendrick, Hiett, Horton, Hughes, li'\iug,
Jones, Jordan, Kaufman, Keiley, Kindriek, Lively, Lynch, Magruder, Marr, Mathews,
McCue, McElroy, McKinney, McNeil, Meade. Melvin. Miller, Monroe, Mullens, R. E. Nel¬
son, Parramore, Pendleton, Pretlow, Reid, Richardson, Rixey, Robertson, Rowan, Rust,
Kutberfoord, D. J. Saunders, Scott, Shelton. ShCrrard, Smith, Stewart, R. F. Tayloi, T. W.
Taylor, Torulin, Tredway, Walton, Ward, N. W. White, R. J. White, Williams, Winn, Win
ston and Worsham—S3.
Mr. Burwell moved to amend the resolution by striking out the
words "lawless outrages now daily committed," and inserting "vio¬
lations of the law;" and the question being on agreeing thereto,
was put, and decided in the affirmative.
Mr. Brooke moved to amend the resolution, by striking out the
entire resolution, and inserting in lieu thereof the following; and the
questibn being on agreeing thereto, was put, and decided in the affir¬
mative:
" Resolved, that the committee for courts of justice enquire whether
the citizens of this commonwealth are subject to outrages of any
character, for which there is-not now an adequate'and efficient
remedy furnished by the existing laws of the eom iff on wealth ; and
if so, that said committee report what measures it may in theiv.
opinion be proper to adopt for the suppression of such outrages."
Mr. (b)ode submitted the following resolution, which being ob¬
jected to, v\as laid over under tlx; rules:
Resolved, that our senators in congress be instructed and our
representatives requested to urgG upon that body the passage of a
law making an appropriation for the compensation of citizens of this
JOURNAL OF THE
common w'eulth whose slaves have died or escaped from the confede¬
rate service-
No. 2- An engrossed bill amending and re-enacting the 11th sec¬
tion of an act passed March 30th, 18G3, entitled an act to provide
for the production and distribution of salt, was fead a third time and
passed—Ayes .109.
■Vki>—Messrs. Sheffe.y (speaker), Anderson, Bak<jr, Barks dale, Bouklin, Bo wen, Branch,
hiooke, Bryan, Bi'ffiugtou, Buford, Bntler, Burwell, Chalmers. Crawford, Cresap, Crt ekett,
Oliiumiugs, Deam , Deyerlc, Dickey, Douthut, Draper, Duval, Edwards, Evans, I'Vi-guwoii,
Ftemiji^, Flood, A Fry, W. 0. Fry.Gilmer, Uoodall, Chiodykuontz, Graham, Hall, Ha iris. L
D. Haymond, T. S Haymond, Ilerndon, Hjett, Hope, Iloiden, Hortoo, Irving', James, J„ K
Johnson, W. Johnson, Jones, Joiuan, Kaufman, Keili y, Kenney, Kindrick, Lively, Lnndy.
Lynch, Magruder. Marr, Mathews, McCue, McCutchen, McElroy, McMillan, rMcNeil,
Meade, Melvin, Miller, jlonroe, Morgan, Mullens, L. E. Nelson', Furraumre, I ondleton,
Pitman, Tretlow, Reid, Richardson, Kixey, I> Robinson, Rowan, IJkst, Rullierfoord, D. J
Maunders, E. T Saunders, F. Saunders, Scott, Shackli ford, Shelton, Smith, Stewart, R F
Taylor, T. W. Taylor, Thomas, Thompson, Toinliu. Tredway, Walton, Vaid, N. W
White, R. J. Whire, ,J. L. Wilson, S. M. Wilsun, Wii.n, Winston, Woodley, Woolfolk,
Worsham and Wiight—H)'J.
Ordered, that the clerk communicate the same to the senate*, and
request their concurrence.
On motion of Mr. GilmeRj the house adjourned until to-moriow,
12 o'clock.
TUESDAY, September 15, 1863.
Prayer by. Rev. Mr. Sprigg of the Episcopal church.
A communication from the senate, by their clerk, was read as
follows:
In Senate. Sept. 14, 1S63.
The senate have agreed to a jointVesolution authorizing the second
auditor to receive from the Virginia and Tennessee rail road company
one million dollars loaned by the state to said road:
in which they respectfully request the concurrence of the house
of delegates.
T1 te resolution was read, and on motion of Mr. Haymond. referred
to the" committee on finance.
Mr. Rittherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 7. A bill authorizing special terms of the circuit courts to be
held to carry into effect the provisions of the law to prevent the un¬
lawful distillation of whiskey or other spirituous or malt liquors.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
, , No. 8. A* bill to amend the 3d section of an act to incorporate the
James river canal packet company.
Mr. Robertson, from the committee on confederate^ relations, to
whom had been referred the message of the governor in reference to
the reception of confederate convicts in the state penitertiary. pre¬
sented a report Recommending thift no action should be taken upon
•J»e subject,
HOUSE OF DELEGATES.
37
The Speaker laid before .the house a communication from the
governor, enclosing a pamphlet, by Capt. B. J. Sage, in regard- to
private warfare, not onty on the ocean, but on the coasts, sounds,
bays and rivers ; which was read, and referred to the cqmmittee on
military affairs.
The Speaker laid -before the hoifse a communication from the
governor, enclosing a report from Colin Bass, superintendent of the
penitentiary ; which, on motion of Mr. Haymond of Marion, was re¬
ferred to the committee on the penitentiary, and ordered to be printed.
Doc. No. 7.
Ok motion of Mr. Lundy,
Resolved, that the committee on military affairs enquire into the
expediency of investing county and corporation courts with power
to impress, when necessary, such articles of food in-the hands of per¬
sons who may have purchased the same for profit by resale, as njay
be necessary for the supply of the indigent poor, at the prices pre¬
scribed by the Confederate States.
On motion of Mr. Worsham,
Resolved, that the committee on agriculture and manufactures be
requested to enquire into the expediency of exempting molasses, cane
or sorghum, from the operation of the act passed October *_», 1862,
entitled an act to amend and re-enact an act entitled an act to amend
and re-enact an act to jiunish the unnecessary consumption of grain
by distillers and other manufacturers of spirituous and malt liquors.
On motion of Mr. Ambers,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the 28th. section of the •62d chapter of
the Code of Virginia of 1SG0, as to increase the penalty for failuie to
work on any road to which the party failing may be appointed.
On- motion of Mr. Worsham,
Resolved, that the committee on finance eflquire into the expe¬
diency of exempting from a license tax persons engaged in the dis¬
tillation of ardent spirits from molasses, cane-or sorghum.
Qn motion of .Mr. Walker of Rockingham,
Resolved, that the committee on the penitentiary be instructed to
enquire into the expediency of providing for the sale of all slave con¬
victs now in the penitentiary.
On motion of Mr. English,
JKesolved, that the committee of vojfds and internal navigation en¬
quire info the rates of tolls on th« lit ork river railroad.
On motion of Mr. Haymond of Braxton,
.Resolved, that the committee on military affairs enquire into the
propriety of authorizing the separate enrollment and organization of
the officers and students of thevarious'institutions of learning through¬
out the state, so that such organization in ay be drillqd and officered
by members only of sqid institutions. *
Mr. Hughes subfnitted the following preamble and resolution:
Whereas the wudf and consumption of grain in the'distillation of
liquor is frightful and enormous: and whereas it can be incontesta-
bly shown that heinous frauds are continually practiced by agents for
38
JOURNAL OF THE
the distillation of liquor under government contract, as is patent, in¬
deed, in such agents offering and paying from eight to ten dollars per
bushel for grain, while they are only getting three, at most four dol¬
lars per gallon for the whiskey they contracted to make for the go¬
vernment; and as everybody knows, who has any knowledge of
distilling, that when the distiller gives a greater price for grain per
bushel, than he gets for his whiskey per gallon, that he is losing
money in the operation: and whereas it can be readily exhibited
that such contractors do sell the whiskey so manufactured (and per¬
haps by far the largest proportion), to others than the government,
and for many times more than the government price, in open viola¬
tion of the law under which they are permitted to make it, and. no
notice taken of it by those whose duty it is to detect and punish all
such offences:
^Resolved, that a special committee be appointed to enquire info
and report the facts in relation to such frauds, and the best correc¬
tive for the same ; and as to the expediency (so far as lies in this le¬
gislative bosly) of abolishing all distillation of liquors of any kind
whatsoever, even if. necessary by the collection of all the still caps
and worms, and holding the same in possession until the end of the
war.
Mr. Haymond of Marion moved to amend, the resolution, by strik¬
ing out the words " even if necessary by the gollection of aril the still
caps and worms, and holding the same in possession until the end of
the waraj^d the question being on agreeing thereto, was put, and
decided jp the affirmative.
The resolution as amended was then agreed to.
The question recurring on agreeing to the preamble, was put, and
decided in the negative.
On motion of Mr. Saunders,
Resolved, that the* committee on finance be requested to enquire
into the expediency of making some provision for the support- of
such of the poor of the commonwealth as have been driven from
their homes by the enemy, and have located in other cities and
counties of this state.
On motion of Mr. Goode, the resolution heretofore submitted by
himself, instructing the senators from Virginia in the confederate
congress, and requesting our representatives to urge upon that body
the passage of a law making affi appropriation for the compensation
of citizens of this commonwealth whose slaves have died in, or" es¬
caped from the confederate service, was taken up.
Mr. Jones moved to amend the resolution, by adding thereto the
following :
" And to pay for other property which has been destroyed by, or
appropriated for the use of "the confederate government." "
The question'being on agreeing to the amendment, Mr. Cow^u
moved that the resolution and amendment be referred to a select
committee. #
Mr. Hutciieson moved that the resolution arid amendment he re¬
ferred to the committee on confederate relations; and the question
HOUSE OP DELEGATES.
39
being on agreeing thereto, Mr. Keiley demanded the previous ques¬
tion ; which was -sustained by the house; and being put, was decided
in the negative.
The question recurring on agreeing to the reference to a special
committee, was put, and decided in the affirmative.
On motion of Mr. Brooke,
Jtesolved, that the committee on salt be instructed to enquire into
the expediency of reporting a bill providing for the supply of a due
proportion of sal£ to refugees residing in the different counties of the
commonwealth.
On motion of Mr. Cummings,
Resolved, that the committee on finance enquire into the expe¬
diency of imposing a graduated tax for the support of the families of
soldiers, upon all incomes and profits except salaries, realized since
the 17th day of Apwl 1861; that the committee further enquirS into
the propriety of providing for the contributions of a certain propor¬
tion of surplus corn and wheat by producers thereof, and of giving
the right of impressment in those cases where the proper agents are
unable to procure the necessary supplies by purchase.
The following bills were read a first time, and ordered to be read a
second time:
No. 3. A bill to increase jailors' fees for keeping and supporting
prisoners.
No. 4. A bill to authorize the county court of King William to
dispense with the existing laws in regard to enclosures, so far as that
county may be concerned.
No. 5. A bill making an appropriation to pay certain expenses of
government, • 4
No. 7. A bill authorizing special terms of the circuit courts to be
held to carry into effect the provisions of the law to prevdht the un¬
lawful distillation of whiskey or other spirituous or malt liquors.
No. 8. A bill to amend the 3d section of an act to incorporate the
James river canal packet company. *
No. 1. A bill amending and re-enacting the 109th section of an
act entitled an act .imposing taxes for the support of government,
passed March 28th, 1862.
On motion of Mr. Ward, the house adjourned until to-morrow, 12
o'clock.
WEDNESDAY, September 16, 1863.
Prayer by Rev. Mr. Sprigg of the Episcopal church.'
Mr. Magruder, from the committee'of propositions and grievances,
presented the following bill: . ;
No. 9. A bill to amend and re-enact'the act entitled an act to
incorporate the Old Dominion trading company, passed March 24th,
1863.
40
journal of the
•Mr. Bouldin, from the committee on finance, presented the fol¬
lowing bill:
No. 10. A bill prohibiting sales by auction in certain cases; which,
on his motion, was read a first time, and ordered to be read a second
time.
Mr. Riddick, from the committee on agriculture and manufactures,
presented the following bills :
No. 11. A bill to amend and re-enact the act passed on the 13th
day of February 1863, entitled an act amending and re-enacting the
1st and 2d sections of an. act entitled an act to repeal the fence. law
of Virginia, so as to include the county of Henrico.
No, 12. A bill to amend the 4th and 5th sections of the 87th
chapter of the Code of Virginia.
Mr. Magruder, from the select committee on salt, presented the
following bill :
No. 13; A bill to amend and re-enact'the 6th section of an act
passed the 30th of March 1863, entitled an act to* provide for the
production and distribution of salt; which, on his motion was read
a first time, and two-thirds concurring, read a second time, amended,
and on motion of Mr. Bouldin, laid on the table and ordered to be
printed.
The Speaker announced the following committee under the reso¬
lution of yesterday, in relation to instructions to the senators from
Virginia upon the subject of payment by the confederate govern¬
ment for slaves lost in their service: Messrs. Goode, Jones, Bouldin,
Robertson, Haymond of Marion, Tomlin, Marye, Cowan. Magruder,
Hall, Buford, Walker of Augusta, Draper, Fleming and Crockett.
The Speaker annbunced the following committee under the reso¬
lution agreed to on yesterday, in reference to distillation: Messrs.
Hughes, JVParr, Winston, Tredway, Barksdale, Riddick, Hutcheson,
Richardson, Maxey, Rixey, Herndon, Lynch, Deyerle, Meade and
Butler.
The Speaker laid beford the house a communication from John
Knote, general agent of the penitentiary, in response to a resolution
of the house of delegates; which was^read, and on motion*of Mr.
Wilson of Isle of Wight, was laid on the table and ordered to be
printed. Doc. No. 8.
On motion of Mr. Deane,
Resolved, that the clerk of the house of delegates -be directed to
have published for one week, in the several papers printed in the
city of Richmond, the act authorizing the receipt, by sheriffs and
collectors, of all Confederate States treasury notes.
On motion of Mr. DSane,*
Resolved, that so much of the governor's message as refers to the
act of 20th of November 1862, exempting persons of certain reli¬
gious denominations from military service, be referred to the com¬
mittee for. courts of justice to' enquire into the constitutionality of
said enactment.-
On motion of Mr. Edwards,
Resolvedpthat the committee on finance enquire, into the expe-
HOUSE OF DELEGATES.
41
diency of amending the existing laws with reference to auctioneers
and commission merchants, and of imposing a tax upon land agents.
On motion of Mr. Herndon,
Resolved, that the committee on roads and internal navigation en¬
quire into the propriety of adopting such legislation as will render
the transportation on rail roads cheaper and more effectual.
On motion of Mr. Buford,
Resolved, that the committee on military affairs be instructed to
enquire intokthe expediency of so amending existing laws on the
subject as to authorize counties and corporations to providejor the
support or relief of the indigent families of soldiers who have died
in the military service, in like manner as is provided in. regard to the
families of soldiers now in such service.
On motion of Mr. Graham,
Resolved, that the committee on finance be instructed to en quite
into the expediency of the state providing for the wants of citizens
of the state who have been permanently disabled by reason of the
casualties of the service, and have been discharged, when such wants
are not otherwise provided for.
On motion of Mr. Mathews,
Resolved, that the committee of roads aud internal navigation en¬
quire into the expediency of making provision for the extension of
the Central rail road to Covington, and the completion of the Coving¬
ton aud Ohio rail road.
On motion of Mr. Pretlow,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of so amending the existing laws in re¬
ference to the fees of office of clerks, sheriffs and commissioners of
the revenue, as to increase the same.
On motion of Mr. Rowan,
Resolved, that the committee on the penitentiary enquire into the
expediency of renting the penitentiary for a term of years.
Mr. Stewart submitted the following joint resolutions:
1. Resolved by the general assembly of Virginia, that we instruct
our senators and hereby request our representatives in the-congress
of the Confederate States to use their best efforts to procure, at as
early a day as practicable, the passage of a law increasing the pay of
soldiers in the confederate army.
2. That in making this request, we deem it due to the soldier that
his pay should in some manner be made to correspond to the in¬
creased rates of living consequent on a state of war; which being
objected to, were laid over under the rule:
On motion of Mr. Haymond of Marion,
Resolved, that the committee on roads and internal navigation en¬
quire whether any of the rail road companies in this commonwealth
refuse to transport wood on their rail roads for private individuals.
A message was received from the senate by Mr. Randolph, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to punish persons for harboring and assisting deserters,
6
42
JOURNAL OF THE
No. 2: in which they respectfully requested the concurrence of the
house of delegates.
Subsequently, the bill was read a first and second times, and refer¬
red to the committee for courts of justice.
The following bills were read a first time, and ordered to be read
a second time:
No. 9. A bill to amend and re-enact the act entitled an act to in¬
corporate the Old Dominion trading company, passed March 20th,
1863.
No. J.1. A bill to amend and re-enact the act passed on the 13th
day of February 1863, entitled an act amending and re-enacting the
1st and 2d sections of an act entitled an act to repeal the fence law
of Virginia, so as to include the county of Henrico.
No. 12. A bill to amend the 4th and 5th sections of the 87th
chapter of the Code of Virginia.
No. 8. A bill to amend the 3d section of an act to incorporate the
James river canal packet company, was read a second time, and or¬
dered to be engrossed and read a third time.
On motion of Mr. Wilson of Isle of Wight, the house adjourned
until to-morrow, 12 o'clock.
THURSDAY, September 17, 1863.
Prayer by Rev. Mr. Sprigg of the Episcopal church.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 14. A bill for the relief of William E. Gaskins and James II.
Gaskins.
Mr. Rutherfoord, from the same committee, to whom was re-i
ferred
No. 2. A senate bill entitled an act to punish persons for harbor¬
ing and assisting,deserters, reported the same with amendments.
Mr. Bouldin, from the committee on finance, to whom had been
referred a resolution enquiring into the expediency of exempting from
a license tax persons engaged in the distillation of ardent spirits from
molasses, cane or sorghum, presented a report, with a resolution that
it is inexpedient to legislate upon the subject.
On motion of Mr. Tomlin,
Resolved, that the committee on agriculture and manufactures be
instructed to enquire into the expediency of providing by law for the
establishment of some agency to furnish to the people of the com¬
monwealth cotton and cotton cards at cost.
Mr. Woqlfolk presented a letter from Lt. Gen. Ewell, in relation
to legislation as to desertion; which was ordered to be laid on the
table.
On motion of Mr. Worsham (amended upon motions severally
made),
HOUSE OF DELEGATES.
43
Resolved, that the committee for courts of justice be requested to
enquire into the expediency of reporting a bill to prohibit the pur¬
chase of. real estate by any one who has speculated in the necessaries
of life during this war; and also a like prohibition to all men subject
to military duty, and aliens who are not now in the Confederate
States army; and that the.committee be instructed to define in what
speculation consists.
William W. Randolph, the delegate elect from the county of
Clarke, appeared, was qualified and took his seat.
A message was received from the senate by Mr. Dickinson, who
informed the house of delegates that the senate had passed a bill en¬
titled an act to suppress the further issuing of small notes-as a cur¬
rency by the counties, cities and towns of this commonwealth, No.
8: in which they respectfully requested the concurrence of the house
of delegates.
"Which bill was subsequently read a first and second times, and re¬
ferred to the committee on banks.
A message was received from the senate by Mr. Douglas, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to amend the act passed February 13th, 1863, entitled an
act amending and re-enacting the 1st and 2d sections of an act enti¬
tled an act to repeal the fence law of Virginia as to certain counties,
and to authorize the county courts to dispense with enclosures in
other counties, passed October 3d, 1862, and to legalize the action of
county courts held" under said law: in which they respectfully re¬
quested the concurrence of the house of delegates.
Subsequently, the bill was read a first and second times, and on
motion of Mr. Tomlin, laid on the table.
On motion of Mr. Chalmers,
• * •
* Resolved, that the committee on finance enquire into-the expe¬
diency of laying an additional tax on all lands purchased since the-
commencement of the war, and also upon all lands that maybe pur¬
chased during the continuance of the war.
On motion of Mr. Marye,
Resolved, that senate bill 61, sent to this house during th^last ses¬
sion, be withdrawn from the files of this house, and be committed to
the committee for courts of justice.
On motion of Mr. Chalmers,
Resolved, that the committee on agriculture and manufactures en¬
quire into the expediency of repealing so .much of the law passed.by
the legislature at its last session, prohibiting the planting and culti¬
vating of more than 80,000 hills in tobacco by any one individual.
On motion of Mr. IIaymond of Braxton, &c.
Resolved, that the committee for courts of justice enquire into the
propriety of reporting a bill requiring producers to dispose of all
surplus products at prices not exceeding those fixed by the commis¬
sioners under laws of the Confederate States.
On motion of Mr. Bowen,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of prohibiting express companies, their
44
JOURNAL OF THE
officers and agents, from transporting by said companies, over any road
or canal in this state, any goods, wares and merchandise belonging to
such companies, or an officer or agent thereof; and further to enquire
what legislation is necessary to protect the state from any monopoly
and injustice which such companies entail.
Mr. McCue submitted the following preamble and resolution :
Whereas for years past there has been felt to be an imminent ne¬
cessity for a new state house for state purposes, which necessity has
much increased by its use as the capitol of the Southern Confede¬
racy : Therefore,
' Be it resolved, that it be referred to a special committee to enquire
into the expediency of so changing the interior arrangements of the
present capitol as to make it answer the uses of both the state and
confederate government, and to effect this, to build upon the square,
at or near the site of the bell house, a building large enough to ac¬
commodate all the state officers now the occupants of the basement,
and such others as may be rendered necessary by the future wants of
the state ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Rixey,
Resolved, that the committee on finance enquire into the expedi¬
ency of selling the stock belonging to the state in the various inter¬
nal improvement companies and banks in the state, in accordance
with the recommendation of the governor of the commonwealth.
On motion of Mr. Saunders of Richmond,
Resolved, that the committee on agriculture and manufactures be.
requested to enquire into the expediency of increasing the compen¬
sation of inspectors of tobacco.
On motion of Mr. Winston,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending section 3 of an act to amend and re-enact
an act further to provide for the public defence, passed October 3,
1862, as to provide that in every case of a housekeeper or head of a
family owning or having slaves, one male slave capable of outdoor
labor shall be exempt from the operation of said act.
On motion of Mr. Johnson of Barbour,
Resolved, that the committee on finance enquire into the expedi¬
ency of requiring all persons, firms and companies in this common¬
wealth to make a true and correct statement of all their net profit
derived from any business,, trade, occupation or employment what¬
ever, whether agricultural, commercial, manufacturing or otherwise,
since the commencement of the present war; and further to enquire
into the expediency of requiring all such persons, firms and compa¬
nies to pay into the public treasury all such net profits, and such net
profits as may hereafter be derived in like manner during the conti¬
nuance of the present war; and that said money be set apart as a
fund for the redemption of Virginia's proportionate share of the debt
of the Confederate States.
On motion of Mr. Hutcheson,
Resolved, that the committee on finance be requested to enquire
HOUSE OP DELEGATES.
45
into the expediency of fixing by-law the prices of all articles of farm
production, merchandise, manufacture, rent and labor, at one hun¬
dred per centum above what was their market value on the first day
of June 1861, in the various sections of this commonwealth; and
that such restrictions and penalties be imposed as may be necessary
for the enforcement of the provisions of the law.
On motion of Mr. Herndon,
Resolved, that the committee for courts of justice enquire into the
expediency of providing by law what cities, towns and counties may
be permitted through agencies to purchase necessary supplies in the
country, and that all persons be prohibited from purchasing to sell
again, except to the Confederate States or the states of the Confede¬
racy, cattle, hogs and sheep, and all agricultural productions, in¬
cluding flour and meal.
On motion of Mr. Keiley,
Resolved, that the committee of propositions and grievances be
instructed to enquire into the expediency of incorporating the Home
insurance company of the city of Petersburg.
On motion of Mr. Hendrick,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of compelling by statute the agents of the
Virginia and Tennessee rail road at Saltville, to give receipts for salt
shipped on said road at that point, they refusing at that point so
to .do.
On motion of Mr. Kenney,
Resolved, that the committee 011 confederate relations be instructed
to enquire into the expediency of so amending an act passed March
13th, 1S63, in relation to public defence, as to exempt from the
operation of said act the several counties Of this state which have
been overrun by the enemy.
On motion of Mr. Cowan,
Resolved, that the select committee on the subject of salt enquire
into the expediency of empowering the superintendent of the salt
works to impress free negroes to labor at said works,.
On motion of Mr. Harris,
Resolved, that the committee on salt be instructed to enquire into
the expediency of removing all the salt from the Washington and
Smyth salt works to some interior point.
Mr. Richardson submitted the following preamble and resolution *
Whereas, in the course of the present war waged against the Con'
federate States, with a cruelty and disregard of the usages of war,
unparalleled in history, great losses in property have fallen upon
the people of Virginia, by reason of the wanton and unnecessary
destructions and spoliations of the enemy: and whereas also, much
property has been impressed for the use of the Confederate States
government, under an agreement on the part of that government,
express or implied, that our citizens should receive just compensation
for property taken and losses incurred in that manner j and although
we fully recognize the justice of the claims of our people for com¬
pensation for all property taken, or impressed by the Confederate
46
JOURNAL* OP THE
'States government, and cordially commend the cheerfulness which
they have shown in submitting to all privations and hardships conse¬
quent upon the action of the government, yet believing that the
present condition of the country and the heavy demands upon the
government for the maintenance and support of our armies in the
held, upon whom our liberties, our lives and property mainly depend,
render the present an inauspicious time further to embarrass a govern¬
ment whose entire energies should be directed to the work of defence
and deliverance: Therefore,
Resolved, that we deem it inexpedient at this time to take any acr
tion in regard to the claims of our people upon the government for
losses incurred by them, believing as we do that such action at the
present time would only tend to hamper and embarrass the govern¬
ment in its conduct of this war. But confiding fully in the honor
and integrity of the confederate government, we are willing to defer
any legislative action in the premises until the pressing emergencies
of the times have passed awa}T, and a more settled condition of public
affairs shall have been attained; which on his motion was referred to
the special committee on the subject of compensation for slaves lost
in the service of the Confederate States.
A message was received from the senate by Mr. Ball, who informed
the bouse, of delegates that the senate had passed house bill entitled
an act amending and re-enacting tke 7th section of an act passed
March 30th, 1S63, entitled an act to provide for the production and
distribution of salt, with amendments: in which they respectfully
requested the concurrence of the house of delegates.
No. 2. A senate bill entitled an act to punish persons, for harbor¬
ing and assisting deserters, with the amendments thereto submitted
by the committee for courts of justice, was taken up :
The amendments-were agreed to; and on motion of Mr. Tredway,
the bill as amended was laid on the table and ordered to be printed.
No. 14. A bill for the relief of William E. Gaskins and James H.
Gaskins, was read a first time, and ordered to be read a second time.
On motion of Mr. Lively, the house adjourned until to-morrow,
12 o'clock.,
FRIDAY, September IS, 1863.
Prayer by Rev. Mr. Kepler of the Episcopal church.
The amendments proposed by the senate to house bill entitled an
act amending and re-enacting the 11th section of an act passed
March 30th, 1863, entitled an act to provide for the production and
distribution of salt, No. 2, were taken up and concurred in.
Ordered, that the clerk inform the senate thereof.
Mr. Rutiierfoord, from the committee for courts of justice, pre¬
sented the following bill:
No. 15. A .bill to provide for the appointment of general agents
and storekeepers for counties and corporations.
HOUSE OF DELEGATES.
47
- Mr. Rutheefooed, from the same committee, to whom had beeii
referred a resolution enquiring into the expediency of prohibiting the
distillation'of grain, presented a report, asking that the committee
he discharged from the further consideration of the subject, and that
the same be referred to the special committee on the subject of dis^
filiation; \vhich vvas agreed to.
Mr. Rutherfoord, from the same committee, to whom had been
referred a resolution as to the propriety of prohibiting by law deal¬
ing in any paper currency of the United States, &c., presented a re*
port, asking to be discharged from the further consideration of the
subject, and that the same be referred to the committee on finance.
Mr. Magrudee, from the committee of propositions and grievances,
presented the following bill:
No. 16. A bill to incorporate the Petersburg fire and hose insu-t
ranee company of the city of Petersburg.
Mr. Bouldin, from the committee on finance, to whom had been
referred a joint resolution from the senate authorizing the second
auditor to receive from the Virginia and Tennessee rail road company
one million dollars loaned by the state to said road, reported thu
same, with a recommendation that the same do pass.
Mr. Bouldin, from the same committee, to whom had been re¬
ferred a resolution of enquiry into the expediency of requiring -alt
persons, &c. to make a true and correct statement of all their net
profits derived from any business, &c., presented a report that it ia
inexpedient to legislate upon the subject.
On motion of Mr. Tomlin,
Resolved, that the committee on finance be instructed to enquire
into the expediency of repealing the 55th section of the S7th chap¬
ter of the Code of Virginia,'in relation to the insurance of tobacco,
or so to amend said section as to fully protect the interests of the
commonwealth.
Mr. Tredway submitted the following preamble and resolutions :
Whereas the entire military force of the state is absorbed by the
conscription law, and it is proposed to raise forces for the state de¬
fence by an extraordinary organization of the citizens who are not
now subject to military service: and wrhereas the defence of Vir¬
ginia, as one of the Confederate States, is the duty of the confederate
government, and good policy requires that any action by the state
for her own defence shall be in subordination to, or co-operative
with the military authorities of that government: Therefore,
1. Be it resolved, that it is expedient that this house be informed
whether the president and the secretary of war of the Confederate
States deem it necessary, or desire that Virginia shall furnish any
additional troops to the confederate armies; if',,in their opinion, ad¬
ditional troops be needed', whether it is practicable to supply the
deficiency by recalling to the field all detailed soldiers who are fit for
field service, and filling their places with disabled soldiers, exempts
and citizens above the maximum age of conscripts; and whether it
would be practicable, from the armies thus enlarged, to furnish dc-
48
JOURNAL OP THE
tachments of troops to guard the country in rear of the armies from
destructive raids by the enemy.
2. That it is expedient that this house be informed what number
of troops could be supplied with arms and ammunition by the state,
and the description thereof.
"3. That the committee on military affairs be requested to confer
with the president and the secretary of war of the Confederate
States, and also with the governor of this commonwealth, on the
subjects embraced in the foregoing resolutions, and report to this
house; which on his motion were laid on the table.
On motion of Mr. Hall,
Resolved, that the committee for courts of justice enquire what
legislation (if any) is necessary to prevent lands from being forfeited
for the non-payment of taxes in counties that have heretofore been or
may hereafter be in the hands of the public enemy.
On motion of Mr. Deyerle,
Resolved, that the committee for courts of justice are hereby in¬
structed to enquire into the'expediency of altering, amending and
limiting the license laws of this commonwealth, so as to prevent the
county and corporation courts from licensing improper persons, such
as extortioners or speculators or aliens, from buying or selling any
goods, chatties or commodities whatsoever; and to further enquire
into the expediency of requiring every person licensed, to give ample
security, and to take and subscribe an oath to buy and sell at fair
and just prices, and to affix heavy penalties for the violation of said
trust or license; and all hotel and boarding house keepers to regulate
their prices, so as to bring them in the bounds of reason and justice;
and all manufacturers and manufacturing companies to buy, manu¬
facture and sell only under a license; and to prevent any person what¬
soever in this commonwealth from entering into any business or
trade for speculation and extortion; and to prevent any farmer or
producer from withholding his productions from those that wish to
buy them for their own consumption, and only be allowed to sell to
a person to sell again that has a license so to buy and sell, and that
no other person whatsoever be allowed to buy except for his own use
or consumption.
Mr. Mark submitted the following resolution :
Resolved, that the committee for courts of justice enquire into the
propriety of increasing the compensation of the commonwealth's at¬
torney of the circuit court for the city of Lynchburg.
Mr. Haymond of Marion moved to amend the resolution, by ad¬
ding thereto the following:
" And also of attorneys for the commonwealth of other cities and
counties;" and the question being on agreeing thereto, was put, and
decided in the affirmative.
The resolution as amended was then agreed to.
On motion of Mr. Woodley,
Resolved, that the committee on confederate relations be directed
to enquire into the expediency of prohibiting any citizen or resident
HOUSE OF DELEGATES.
49
of Virginia from passing into the enemy's country, with the view of
returning to his residence in this state.
On motion of Mr. Hendrick,
Resolved, that the committee on finance enquire into the expe¬
diency of taxing all notes, bonds and other securities for which the
holder refuses to receive confederate money, as so much gold at its
market value.
On motion of Mr. Lynch,
Resolved, that the committee on military affairs enquire into the-
expediency of reporting a bill requiring the justices of the peace and
constables of this commonwealth to report to the nearest military
post all deserters, and those absent from' the army without leave,
known by them to be in their respective counties.
Mr. Woolfolk submitted the following preamble and resolution :
"Whereas it has been represented to this house, that John N. Clark-
son, the superintendent of salt, has determined to furnish with salt,
first, the people of such counties as are able and willing to hire him
hands at a certain price, and also to require the counties to pay in
advance and at one time for all the salt coming to the county for one
year: and whereas it being the opinion of this house that it was not
the intention of the general assembly to show any partiality in distri¬
buting salt among the counties.: Therefore,
Be it resolved, that the committee on salt be requested to enquire
what law invests the superintendent with power to make such regu-.
lations; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
On motion of Mr. Melvin,
Resolved, that the committee on finance be instructed to enquire
into the expediency of releasing from the payment of all arrears aris¬
ing from taxation, the coqnties which have been overrun and perma¬
nently occupied by the enemy, and that the said counties continue to
be exempt from taxation so long as the enemy shall continue to oc¬
cupy the same.
Mr. Kaufman presented the .petition of William G. Singleton,
praying the payment of his salary as clerk of the district court of
.appeals at Winchester; which was ordered to be referred to the
.committee for courts of justice.
On motion of Mr. Saunders of Richmond,
Resolved, that the committee on finance enquire into the expe¬
diency of relieving notaries public from the tax under the act of the
last session on that subject.
On motion of Mr. Walton,
Resolved, that the committee'for courts of justice enquire into
the causes of the delay in the publication and distribution of the
Acts of the General Assembly; whether the same can be removed ;
and if so, by what means; also that said committee enquire into the
expediency of publishing a digest of the said Acts, with a view to a
more speed}7 and thorough dissemination of the same among the
people.
50
JOURNAL OF THE
On motion of Mr. Burr,
Resolved, that the committee for courts of justice be instructed
to enquire into the expediency of so amending section 11, chapter
208 of the Code, as to increase the limit of the allowance which the
courts may make for board and lodging of jurors ponfined in criminal
cases.
The following bills were read a first time, and ordered to be read a
second time:
No. 15. A bill to provide for the appointment of general agents
and storekeepers for counties and corporations.
No. 16. A bill to incorporate the Petersburg fire and hose insu¬
rance company of the city of Petersburg.
The following bills were read a second time, and on motions seve¬
rally made, laid on the table :
No. 6. A bill to prevent public officers from speculating in con¬
federate notes.
No. 4. A bill to authorize the county court of King William to
dispense with existing laws' in regard to enclosures, so far as that
county may be concerned.
No. 10. A bill prohibiting sales by auction in certain cases.
No. 11. A bijl to amend and re-enact the act passed on the 13th
day of February 1863, entitled an act amending and re-enacting the
1st and 2d sections of an act entitled an act to repeal the fence law
of Virginia, so as to include the county of Henrico.
No. 12. A bill to amend the 4th and 5th sections of the 87th
chapter of the Code of Virginia.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time:
No. 3. A bill to increase jailors' fees for keeping and supporting,
prisoners.
No. 5. A bill making an appropriation to pay certain expenses ol
government.
No. 7. A bill authorizing special terms of the circuit courts to be
held to carry into effect the provisions of the law to prevent the'un¬
lawful distillation of whiskey or other spirituous or malt liquors.
No. 9. A bill to amend and re-enact the act entitled an act to in¬
corporate the Old Dominion trading company, passed March 20,1863,
No. 14. A bill for the relief of William E. Gaskins and James H,
Gaskins.
No. 8. An engrossed bill to amend and re-enact the 3d section of
an act to incorporate the James river canal packet company, passed
March 16, 1860, was read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The joint resolution authorizing the second auditor to receive from
the Virginia and Tennessee rail road company one million dollars
loaned by the state to said road, was taken up, and on motion, re¬
committed to the committee on finance.
On motion of Mr. Haymond of Marion, the house adjourned until
to-morrow, 12 o'clock.
HOUSE OP DELEGATES.
51
SATURDAY, September 19, 1863.
The Speaker announced the following select committee under the
resolution of the house adopted on Thursday, in respect to alterations
in the capitol building, &c.: Messrs. McCue, Burwell, Burr, Chal¬
mers, Shackleford, Patterson, English, Mathews, Herndon, Johnson of
Carroll, and Mullens.
Mr. Burwell, from the committee of roads and internal naviga¬
tion, presented the following bills:
No. 17. A bill to authorize for a limited period the impressment of
fuel by the Virginia Central rail road company.
No. 18. A bill to authorize the impressment of slaves to be em¬
ployed in the repair of certain rail roads.
Mr. Buford, from the committee on banks, to whom had been
referred the following senate bill, reported the same without amend¬
ment :
No. 8. A senate bill entitled an act to suppress the further issuing
of small notes as a currency by the counties, cities and towns of this
commonwealth.
Mr. Buford, from the same committee, presented the following
reports:
The committee on banks have had under consideration the resolu¬
tion to enquire into the expediency of repealing an act authorizing
certain counties, cities and towns to issue notes of less denomination
than five dollars, and ask to be discharged from its further considera¬
tion, a bill on t^at subject having been reported from the senate.
The committee on banks have had under consideration the resolu-
tiqn to enquire into the expediency of compelling the banks of this
commonwealth to receive all Confederate States treasury notes on
deposit, and ask to be discharged from its further consideration, be¬
lieving that legislation at this time is unnecessary.
Mr. Branch asked leave of absence for his colleague, Mr. Magru-
der ; which was granted.
On motion of Mr. English,
Resolved, that the committee for courts of justice enquire into the
expediency of changing the 31st section of the 184th chapter of the
Code of 1860, so as to increase the fees of clerks of courts, when
said courts are sitting upon the examination of persons charged with
felony.
Mr. Mullens submitted the following resolution: ■
Resolved by the general assembly of Virginia, that our senators in
congress be instructed and our representatives be requested to use
their efforts to procure the passage of an act repealing the substitute
law, and making all persons who have employed substitutes and all
able-bodied clerks in the various departments of the government sub¬
ject to the conscript law; which being objected to, lies over under
the rule.
On motion of Mr.
Resolved, that^j^^i^nd^ftWSjJjjo^Ositions and grievances be
52
JOURNAL OF THE
requested to enquire into the expediency of making certain amend¬
ments to the act incorporating the town of Ashland, passed February
1863.
On motion of Mr. Johnson of Barbour,
Resolved, that the committee on finance enquire into the ex¬
pediency of amending the 13th section of an act passed the 28th of
March 1863, entitled an act imposing taxes for the suppqrt of govern¬
ment, so as to increase the rate of taxation from ten to fifty per cent.,
or such other rate as they may deem expedient, and report by bill or
otherwise. *
On motion of Mr. Duval,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of passing a law making it a penal of¬
fence for any person to sell meat, grain, vegetables, or any article of
food, for a higher price than that fixed by the commissioners of the
confederate government, and report by bill or otherwise.
On motion of Mr. Bryan,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of constructing a bridge, as
a military necessity, over the Cowpasture river in the county of Bath,
on the turnpike road leading from Milboro' depot, on the Central
rail road, to the Warm springs.
Mr. Dickey submitted the following resolution :
Resolved, that when this house adjourns this day, it will adjourn to
meet on Monday at 11 o'clock, and at that hour on every day during
the present session; which being objected to, lies over under the rule.
On motion of Mr. Morgan,
Resolved, that the committee .of roads and internaf navigation en¬
quire into the expediency of requiring rail road companies to give
receipts or checks for all baggage transported by them.
On motion of Mr. Duval,
Resolved, that the committee on military affairs enquire into the
expediency of amending the exemption law of the state, so as to les¬
sen the number of exemptions.
On motion of Mr. Crawford,
Resolved, that the committee on military affairs enquire into the
expediency of requiring justices of the peace, sheriffs, constables and
militia officers to arrest deserters from the army, and suspicious per¬
sons who may be traveling through the country.
The following engrossed bills were read a third time and passed:
No. 3. A bill to increase jailors' fees for keeping and supporting
prisoners—Ayes 100, noes 3.
Ayes—Messrs. Sheffey (speaker), Ambers, Baker, Bouldin, Bowen, Bowles, Branch,
Brooke, Bryan, Buffington, Buford, Burnett, Burr, Butler, Burwell, Coke, Cowan, Cox,
Crawford, Cresap, Crockett, Cummings, Deane, Deyerle, Dickey, Douthat, Draper, Duval,
English, Evans, Ferguson, Fleming, Flood, A. Fry, W. O. Fry, Gilmer, Goodall, Goody-
koontz, Graham, Hall, L. D. Haymond, T. S. Haymond, Hendrick, Hiett, Hoge, Holden,
Horton, Hughes, Huntt, Irving, J. B. Johnson, Jones, Kaufman, Keiley, Kenney, Lively,
Lynch, Marr, Mathews, McCue, McCutcken, McElroy, MeMillan, McNeil, Meade, Melvin,
Miller, Monroe, Morgan, Mullens, Nighbert, Parramore, Patterson, Pendleton, Pitman,
Randolph, Reid, Robertson, Rowan, Rust, D. J. Saunders, F. Saunders, Shackleford, Sher-
rard, Smith, Staples, T. W. Taylor, Thompson, Tibbs, J. Walker, Walton, Ward, Wil¬
liams, J. L. Wilson, Winn, Winston, Woodley, Woolfolk, Worsham and Wright—100,
!>Toes—Messrs. W. Johnson, Lurty and Tomlin—3.
HOUSE OF DELEGATES. 53
No. 5. A bill making an appropriation to pay certain expenses of
government—Ayes 103.
Ayes—Messrs. Sheffey (speaker), Ambers, Baker, Bouldin, Bowen, Bowles, Branch,
Brooke, Bryan, Buffington, Buford, Burnett, Burr, Butler, Burwell, Coke, Cowan, Cox,
Crawford, Crockett, Cummings, Deane, Deyerle, Dickey, Draper, Duval, English, Evans,
Ferguson, Fleming, Flood, A. Fry, W. Q. Fry, Gilmer, Goodall, Goodykoontz, Graham,
Hall, L. D. Haymond, T. S. Haymond, Hendrick, Hiett, Hoge, Holden, Horton, Hughes,
Huntt, Irving, J. B. Johnson, W. Johnson, Jones, Kaufman, Keiley, Kennev, Lively,
Lurty, Lynch, Marr, Mathews, McCue, McCutchen, McElroy, McMillan, McNeil, Meade,
Melvin, Miller, Monroe, Morgan, Mullens, Nighbert, Parramore, Patterson, Pendleton,
Pitman, Randolph, Reid, Rixey, Robertson, I. Robinson, Rowan, Rust, D. J. Saunders,
F. Saunders, Shackleford, Sherrard, Smith, Staples, T. W. Taylor, Thompson, Tomlin, J.
Walker, Walton, Ward, R. J. White, Williams, J. L. Wilson, Winn, Winston, Woodley,
Wqolfolk, Worsham and Wright—103.
No. 14. A bill for the relief of William E. Gaskins and James H.
Gaskins.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The following engrossed bill was read a third time, and on motion
of Mr. Walton, was laid on the table:
No. 7. A bill authorizing special terms of the circuit courts to be
held to carry into effect the provisions of the law to prevent the un¬
lawful distillation of whiskey or other spirituous or malt liquors.
The following engrossed bill was read a third time and passed:
No. 9. A bill to amend and re-'enact an act entitled an act to in¬
corporate the Old Dominion trading company, passed March 24th,
1863.
Ordered, that Mr. Saunders of Richmond carry the same to the
senate, and request their concurrence.
. The following bill was read a second time, and ordered to be en¬
grossed and read a third time:
No. 16. A bill to incorporate the Petersburg fire and hose insu¬
rance company of the city of Petersburg.
On motion of Mr. Haymond. of Marion, the house adjourned until
Monday, 12 o'clock.
MONDAY, September 21, 1S63.
Prayer1 by Rev. Mr. Christian of the Methodist church.
Isaiah A. Welch, a delegate from the county of Kanawha, ap¬
peared, was qualified and took his seat.
Mr. Brooke, from the committee for courts of justice, presented
the following bills:
No. 19. A bill for the relief of Washington G. Singleton, clerk of
the district court of the 6th judicial district.
No. 20. A bill declaring what contracts shall be payable in cur¬
rency.
No. 21. A bill to amend and re-enact section 11 of chapter 208 of
the Code of Virginia.
No. 22. A bill to amend and re-enact the 2Sth section of chapter
52 of the Code of Virginia, edition of 1S60.
54
JOURNAL OP THE
Mr. Brooke, from the same committee, to whom had been refer¬
red a resolution enquiring as to the expediency of increasing the com¬
pensation now allowed by law to commissioners of the revenue,
sheriffs and commonwealth's attorneys, presented a report, asking
that the committee be discharged from the further consideration of
the resolution, and that the same be referred to the committee on
finance; which was agreed to.
Mr. Brooke, from the same committee, to whom had been referred
a resolution enquiring into the expediency of requiring all able-bo¬
died foreigners and refugees within the conscript age, and at present
sojourning within the limits of the commonwealth, to serve in the
army or leave the state, presented a report, asking that the commit¬
tee be discharged from the further consideration of the resolution, and
that the same be referred to the committee on military affairs; which
was agreed to.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 23. A bill to reorganize the militia; which, on his motion,
was read a first time, and ordered to be read a second time.
Mr. Haymond, from the committee on the penitentiary, presented
the following bill:
No. 24. A bill amending and re-enacting chapter 213 of the Code
of Virginia, reorganizing the penitentiary; which, on his motion,
was read a first time, and ordered to be read a second time.
Mr. Bouldin, from the committee on finance, presented the fol¬
lowing bill:
No. 25. A bill, authorizing the second auditor to settle the loan of
one million dollars, made to the Virginia and Tennessee rail road
company by act of assembly passed 9th day of February 1853.
Mr. Wilson of Islg of Wight submitted the following resolution;
which being objected to, lies over under the rule :
Resolved, that the general assembly will, on the day of ,
proceed to elect, by joint ballot, a commissioner, whose duty it shall
be to visit the several states of this Confederacy, and to propose, on
behalf of this commonwealth, to the legislatures of those states
Respectively, to issue their bonds in an amount sufficient to absorb
$300,000,000 of the outstanding treasury notes of the Confederate
States, in proportionate sums, according to the population and pro¬
perty of each, with a view to reduce the volume of our currency,
and to prevent a further depreciation thereof, and relieve the coun¬
try of the evils it is now suffering under, which grow out of the high
prices of all the necessaries of life, and to recommend to the con¬
gress of the Confederate States the inauguration of a system of taxa¬
tion in the future, adequate to the support of the government, civil
and military, according to the estimate to be made by the president
-to the congress thereof annually, with a view to prevent the further
issue of treasury notes.
On motion of Mr. Anderson, the house resolved itself into secret
session.
On motion of Mr. Wilson of Isle of Wight, the house adjourned
until to-morrow, 12 o'clock.
HOUSE OF DELEGATES.
55
TUESDAY, September 22, 1863.
Prayer by Rev. Mr. Christian of the Methodist church.
Mr. Rutherfooed, from the committee for courts of justice, pre¬
sented the following bill:
No. 28. A bill to repeal the act passed March 29, 1862, entitled
an act providing for the exemption of certain parties upon religious
grounds.
Mr. Rutherfoord, from the same committee, to whom had been
referred a resolution enquiring into the expediency of increasing the
compensation of clerks, sheriffs, &c., presented a report, asking to be
discharged from the further consideration of the subject, and that the
same be referred to the committee on finance.
Mr. Rutherfoord, from the sqme committee, presented the fol¬
lowing reports:
An adverse report upon the resolution of enquiry whether addi¬
tional legislation is necessary to protect the citizens of the state from
outrages of any character.
An adverse report as to the expediency of amending the act further
to provide for the public defence, passed March 13, 1863.
An adverse report as to the expediency of increasing the pay of
the members of the general assembly.
Mr. Burwell, from the committee of roads and internal naviga¬
tion, presented the following report :
An adverse repqrt as to the expediency of prohibiting by law the
sale of the rolling stock, rail road iron and* other machinery of the
rail roads of this state into other states kof the Confederacy, to be
used beyond the limits of this state.
On motion of Mr. Pendleton,
Resolved, that the committee on finance enquire into the expedi¬
ency of abolishing the office of paymaster of the Virginia forces;
whether the pay accounts have been ascertained arfd adjusted; and
if not, what steps are necessary to audit and ascertain the amount
expended; whether any officers not on duty are receiving pay from
the state of Virginia, and who; and to report any expense connected
with the state line not heretofore reported; and that said committee
be authorized to send for persons and papers.
On motion -of Mr. Crockett,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of authorizing an increase of the capital
stock of the Virginia and Tennessee rail road company.
On motion of Mr. Mathews,
Resolved, that the committee on finance be instructed to enquire
into the expediency of - increasing the compensation of the clerks of
the court of appeals.
On motion of Mr. Wright,
Resolved, that the committee on finance enquire into the expedi¬
ency of relieving Thos. W. Garrett of the county of King & Queen,
of a tax on a stallion taken from him by the public enemy.
56
JOURNAL OF THE
On motion of Mr. Taylor of Prince George and Surry,
Resolved, that the committee^ of propositions and grievances be
instructed to enquire'into the expediency of establishing by law, at
some healthy and convenient locality, a home for Virginia soldiers
who have been or may be so disabled by wounds received in battle
or by disease contracted in camp, as to totally unfit them for farther
service either in the field or other departments, and who are without
the means of support.
On motion of Mr. Staples,
Resolved, that the committee for courts of justice enquire intorthe
expediency of amending and re-enacting the 9Sth chapter of the
Code of Virginia, so as to provide more efficient patrols for the coun¬
ties of this commonwealth.
. On motion of Mr. Shackleford,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of amending the 9th section of the act
to suspend sales and legal proceedings in certain cases, passed March
29th, 1862, so as to allow the debtor the benefit of a tender of pay¬
ment after the institution of the suit.
The joint resolution heretofore submitted by Mr. Wilson of- Isle
of Wight, proposing the appointment of a commissioner to visit the
several • states of the Confederacy, to propose, on behalf of Virginia,
the issue of $300,000,000 of state bonds, for the purpose of absorb¬
ing the currency of the Confederate States, &c., was taken up on his
motion; and the question being on agreeing thereto, on motion of
Mr. Anderson, the resolution was referred to the committee on con¬
federate relations. *
Mr.. Bouldin presented a resolution of the board of public works,
referring a petition of Thomas R. Friend to the general assembly;
and on his motion, the resolution and the petition were referred to
the committee on finance.
Mr. Tredwaj presented the petition of Messrs. Elam, Gray,
Brightwell and others, of Prince Edward county, for the exemption
of inspectors of tobacco, which was ordered to be referred to the
committee on military affairs.
On motion of Mr. Cowan,
Resolved, that the committee for courts of justice be instructed to
enquire into the expediency of revising and amending the act of
1792, entitled an act against divulgers of false news.
On motion of Mr. Kelley,
Resolved, that the committee on finance be instructed to ^enquire
into the expediency of permitting the South side rail road company
to pay off its indebtedness to the state, or so much thereof as it may
be able out of its earnings to discharge.
On motion of Mr. James,
Resolved, that the corpmittee for courts of justice enquire into the
expediency of repealing so much of the stay law as to authorize the
sale of property under deeds of trust, fi. fas. or decrees, when the
creditors are willing to receive payment of their debts in confederate
money.
HOUSE OP DELEGATES.
57
On motion of Mr. Ambers,
Resolved, that so much of the governor's message as relates to a
requisition of slave labor from the different counties of the state to
work on public fortifications, be referred to the committee on con¬
federate relations, with instructions to enquire into the justice of the
apportionment of said requisition.
On motion of Mr. Staples,
Resolved, that the committee for courts-of justice enquire into the
expediency of so amending the act for the support of soldiers' fami¬
lies, as to make the same apply to the families of deceased soldiers.
On motion of Mr. Haymond of Marion,
Resolved, that the presidents of the Richmond, Fredericksburg and
Potomac rail road company and the Richmond and Petersburg rail
road company, and the presidents of other rail road companies in
this state, be requested to report to this house the number of stock¬
holders in each of said rail road companies who reside in the United
States, with the amount of stock they hold in each of said compa¬
nies; and also to state the semi-annual or annual dividends declared
by each of said companies on their stock since the first day of May
1861; and also whether any such dividends since that 'time have
been paid to stockholders or their agents, whose residence is known
or believed to be in the United States; if so, what amount has been
so paid.
On motion of Mr. Pendleton,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill authorizing rail road and other corporations
to pay to the state of Virginia, in Virginia bonds, any outstanding-
debt not due, who desire to pay the same before maturity; and that
said committee further enquire whether any rail road in this state has
violated the provisions of the law passed at the last session; limiting
the rates of transportation of passengers to six cents per mile.
On moti6n of Mr. Holden,
Resolved, that the committee for courts of justice enquire into the
expediency of making all sheriffs, collectors, and their securities, who
have held or may hold office under the usurped government of Vir¬
ginia at the city of Wheeling, now known as West Virginia, liable
for the full amount of all taxes and public dues collected by them,
their deputy or- deputies.
Mr. Brooke submitted the following joint resolution; which being
objected to, was laid over under the rule:
Resolved, that a joint committee, to consist of members of
the senate and members of the house of delegates, be ap¬
pointed, to whom are referred the report of the board of public
works, acting as supervisors of salt works, dated on the 11th day of
September 1863, and the accompanying documents, with instructions
to enquire into the matters of fact alleged and suggestion set forth
therein; and also into such other causes as in their opinion have
tended to hinder, delay or prevent the procurement of a supply of
salt to the people of Virginia in due time; and also to enquire what
resources, in addition to those now under control of the state, can be
8
58
JOURNAL OF THE
made available to secure such supply in due time; and also what
further legislation, either in amendment of prior laws or by original
enactment, is advisable: and 'said committee is authorized to send for
such persons and papers as may in its opinion be necessary in the
investigation of the matters referred to it. «
No. 8. A senate bill entitled an act to suppress the further issuing
of small notes as a currency by the counties, cities and towns of this
commonwealth, was read a third time and passed.
Ordered, that the clerk inform the senate thereof.
The following engrossed bills were read a third time and passed:
No. 7.. An engrossed bill authorizing special terms of the circuit
courts to be held, to carry into effect the provisions of the law to
prevent the unlawful distillation of whiskey or other spirituous or
malt liquors.
No. 16. An engrossed bill to incorporate the Fire and hose insu¬
rance company of the city of Petersburg.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 23. A bill to reorganize the militia, was read a second time,
and on motion of Mr. Anderson, laid on the table, and made the or¬
der of the day for to-morrow at 12 o'clock, and so on from day to
day until disposed of.
On motion of Mr. Anderson,
Resolved, that when this house adjourns to-day, it will adjourn to
meet at 11 o'clock on to-morrow, and so on from day to day until
otherwise ordered.
The following bills were read the first time, and ordered to be read
a second time:
No. 17. A bill to authorize for a limited period the impressment of
fuel by the Virginia Central rail road company.
No. 18. A bill to authorize the impressment of slaves to be em¬
ployed in the repair of certain rail roads.
No. 19. A bill for the relief of Washington Gr. Singleton, clerk of
the district court of the 6th judicial district.
No. 20. A bill declaring what contract shall be payable in cur¬
rency.
No. 21. A bill to amend and re-enact section 11 of chapter 208 of
the Code of Virginia.
No. 22. A bill to amend and re-enact the 2Sth section of chapter
52 of the Code of Virginia (edition of 1860).
No. 25. A bill authorizing the second auditor to settle tlie loan of
one million dollars made to the Virginia and Tennesse rail road com¬
pany by act of assembly passed 9th day of February 1853.
No. 28. A bill to repeal the act passed March 29, 1862, entitled
an act providing for the exemption of certain parties upon religious
grounds.
On motion of Mr. Anderson, the house resolved itself into secret
session; and after some time passed therein, the doors were opened,
on motion of Mr. Wright. .
And then, on his further motion, the house adjourned until to¬
morrow at 11 o'clock.
HOUSE OF DELEGATES.
59
WEDNESDAY, September 23, 1863.
Mr. Bouldin, from the committee on finance, presented the fol¬
lowing bill:
No. 29. A hill providing for the payment of tobacco destroyed by
fire at the public warehouse.
Mr. Bouldin, from the same committee, to' whom had been re¬
ferred a resolution as to the expediency of abolishing the office of
paymaster of the Virginia forces, presented a report, asking to be
discharged from the consideration of the subject, and that the same
be referred to the committee on military affairs.
On motion of Mr. Tomlin, the report was laid on the table.
Mr. Bouldin, from the same committee, to whom had been re¬
ferred a resolution enquiring into the expediency of increasing, the
compensation of the clerks of the court of appeals, presented a re¬
port, asking to be discharged from the consideration of the subject,
and that fche same be referred to the committee for courts of justice;
which was concurred in.
Mr. Anderson, from the committee on military affairs, to whom
had been referred the memorial of the Sandy river guards, asking a
reorganization of the militia, presented a report, asking to be dis-
.charged from the further consideration of the subject.
Mr. Anderson, from the same committee, to whom had been re¬
ferred a resolution in relation to legislation to enable the Virginia
Central and Orange and Alexandria rail roads to obtain labor, to keep
their roads in working order, presented a report, asking to be dis¬
charged from the further consideration of the subject.
Mr. Buford, from the committee on banks, presented the follow¬
ing bill:
No. 30. A bill to protect the treasury notes of the Confederate
Sta/tes from improper depreciation, by restricting, the sale or ex¬
change thereof at less than their nominal value, and the exportation
of coin and other state currency to foreign states; which, on his
motion, was read a first time, and ordered to be read a second time.
On motion of Mr. Haymond of Marion, *
Resolved, that the committee for courts of justice enquire into the
expediency of authorizing the city of Richmond to impress the Ches¬
terfield coal pits, for the purpose of supplying the citizens of said city •
with coal; and also to impress wood and wood land; and to employ
the free negro convicts in the penitentiary to work in said pits, and
in procuring wood; and to employ such other labor as the said city
may deem proper; and to impress rail roads or other means of trans¬
portation.
On motion of Mr. Walton,
Resolved, that the committee on finan.ce enquire into the expe¬
diency of reporting a bill amending the 7th section of chapter 107 of
the Code of Virginia, so as .to provide for the imposition of a tax of
not less than two dollars and fifty cents upon seals attached to the
registers of free negroes.
60
JOURNAL OF THE
The resolution heretofore submitted by Mr. Brooke, was taken
up, on his motion, for consideration.
Mr. Crockett moved to amend the resolution, by striking out a
reference to a joint committee, and referring the subject contained
in the resolution to the select committee of the house, heretofore
appointed in relation to the causes of the delay in. delivering the
supply of salt heretofore contracted for by Stuart, Buchanan & Co.
to be delivered to the counties of the state, &c.; and the question
being on agreeing thereto, Mr. Haymond of Marion demanded the
previous question ; which was sustained by the house; and being
put, was decided in the negative.
The question recurring on agreeing to the resolution, Mr. James
demanded the previous question; which was sustained by the house;
and being put, was decided in the affirmative—Ayes 103, noes 11.
On motion of Mr. Brooke, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Anderson, Baker, Barksdale, Bowen, Bowels, Branch,
Brooke, Bryan, Buffington, Buford, Burr, Butler, Burwell, Chalmers, Coke, Cowan, Cox,
Crawford, Custis, Deyeiie, Dickey, Douthat, Draper, Duval, Edwards, English, Ferguson,
Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goodall, Gooaykoontz, Hall, HAis, L. D.
Haymond, T. S. Hayniond, Hendrick, Hemdon, Hoge, Hughes, Huntt, James, J. B. John-
sou, W. Johnson, Jones, Jordan, Kaufman, Keiley, Kenney, Lively, Lundy, Lynch,
Marr, Mathews, McCue, McElroy, McKinney, McMillan, McNeil, Meade, Melvin,
Miller, Monroe, Morgan, Mullens, Mu.daugh, Nighbert, Parra'more, Patterson, Pendleton,
Pitman, Pretlow, Reid, Richardson, Riddick, Rixey, I. Robinson, Rowan, Rust, Ruther-
foord, D. J. Saunders, E. T. Saunders, F. Saunders, Shackleford, Shelton, Sherrard, Snow-
den, Staples, R. F. Taylor, T. W. Taylor, Thompson, Tibbs, Tomlin, Tredway, J. Walker,
Walton, Ward, R. J. White, Winn and Worsham—103.
Noes—Messrs. Crockett, Cummings, Evans, Fleming, Graham, Linkous, Robertson,
Smith, Stewart, Williams and Winston—11.
The resolution as agreed to is as follows :
Resolved that a joint committee, to consist of'five members of the
senate and nine members of the house of delegates, be appointed, to
whom are referred the report of the board of public works, acting
as supervisors of salt works, dated on the j 1th day of September
1S63, and the accompanying documents, with instructions to enquire
into the matters of fact alleged, and suggestions set forth therein; and
also into such other causes as in their opinion have tended to hinder,
delay or prevent the procurement of a supply of salt to the people
of Virginia in "due time; and also to enquire what resources, in addi¬
tion to those now under control of the state, can be made available
to secure such supply in due time; and also what further legislation,
either in amendment of prior laws or by original enactment, is ad¬
visable; and said committee is authorized to send for such persons
and papers as may in its opinion be necessary in the investigation of
the matters referred to it.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The hour having arrived for the consideration of the order of the
day,
No. 23. A bill to reorganize the militia (on its second reading),
being the order of the day, was taken up:
Mr. Robertson moved to amend the first section of the bill, by
striking out the word "sixty" (being the maximum age provided
for in the bill for militia service), and to insert "fifty-five."
HOUSE OF DELEGATES.
61
Mr. Buford asked a division of the question; which was agreed
to; and the question being on agreeing to striking out the word
"sixty"—pending the consideration thereof,
On motion of Mr. Lundy, the further consideration of the 1st sec¬
tion of the bill was passed by.
Mr. Harris moved to reconsider the vote by which the house
agreed to pass by the 1st section of the bill; and the question being
on agreeing thereto, Mr. Wilson of Isle of Wight demanded the
previous question; which was sustained by the house; and being put,
was decided in the affirmative.
The question being on the motion to pass by the first section, was
put, and decided in the negative.
The question recurring on striking out in the first section the word
"sixty"—pending the consideration of which,
On motion of Mr. Fleming, the house adjourned until to-morrow,
11 o'clock.
THURSDAY, September 24, 1863.
Prayer by Rev. Mr. Christian of the Methodist church.
Mr. Bouldin, from the committee on. finance, presented the fol¬
lowing bill:
No. 31. A bill authorizing the board of public works, acting as a
board of supervisors for the production and distribution of salt, to
modify the contract of lease between Stuart, Buchanan & Co. and
Thomas R. Friend.
Mr. Anderson, from the committee on military affairs, to whom
had been referred a resolution enquiring into the expediency of re¬
moving the slaves from our borders, presented a report, asking to be
discharged from the further consideration of the subject.
The report of the committee on finance, asking that a resolution
as to the expediency of* abolishing the office of paymaster of the
Virginia forces, &c., be referred to the committee on military affairs,
was taken up and concurred in.
Mr. Saunders of Richmond presented the memorial of a comr
mittee of the mechanics and working men of Richmond, praying the
passage of sundry laws by the general assembly, to prevent extortion,
&c.; which was read, and on motion of Mr. Anderson, was ordered
to be referred to a select committee.
Mr. McCue submitted the following preamble and resolution 'r
which, on motion, was ordered to be referred to the committee on
agriculture and manufactures.
Whereas it is as important to clothe our army as to feed it; and
whereas, by a thoughtless and indiscriminate slaughter of the sheep
of the Southern Confederacy, both by the army and by the citizens
of the several states, for the purpose of food, and also by the ravages
of dogs; and whereas it is important to call the attention of the
62
JOURNAL OF THE
confederate government, as well as of each of the Confederate
States, to the necessity of immediate legislation for the encourage¬
ment of the growth of wool: Therefore,
Eesolved by the general assembly of Virginia, that the confederate
congress and each of the other states of this Confederacy be re¬
quested to so legislate as to protect this important interest, and
thereby enable the government to clothe our army and our people;
and that the governor of this commonwealth be requested to for¬
ward a copy of the foregoing preamble and resolution to the con¬
gress of the confederate government, and to the governors of each of
the states.
On motion of Mr. Buford,
Eesolved, that the committee of propositions and grievances be in¬
structed to enquire into the expediency of authorizing the common
council of the town of Danville to procure a sufficient quantity of
land in the county of Pittsylvania, or within the corporate limits of
said -town, for the purpose of establishing a public poor house and a
public park for the use t)f said town.
On motion of Mr. Saunders of Eichmond,
Eesolved, that the committee of roads and internal navigation en¬
quire into the expediency of increasing the rates of toll on bridges,
and of so amending the act to regulate tolls on Mayo's bridge, passed
March 12, J 83d, as to prevent evasions of the purpose of that act.-
On motion of Mr. Buford,
Eesolved, that the committee on banks be instructed to enquire
into the expediency of providing such legislation as may aid or en¬
courage the combination of individual capital for the absorption of
the redundant circulating currency of the country; that they also
enquire into and report such plan of individual or state co-operation
'upon the subject of the currency, as may promise relief from the
evils that prevail on that subject. -
The hour having arrived for the consideration of the order of the
day,
No. 23. A bill to reorganize the militia, being the order of the
day (on its second reading), was taken up; and the question being
on the motion to strike out the word "sixty" (the maximum age for
militia service), Mr. Staples demanded the previous question; which
was sustained by the house; and being put, was decided in the
affirmative—Ayes 93, noes 31.
On motion of Mr. Miller, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Baker, Bouldin, Bowles, Branch, Brooke,
Bryan, Buffiugton, Buford, Butler, Chalmers, Coke, Cowan, Cox, Crawford, Crockett, Cum-
mings, Custis, Deane, Dickey, Douthat, Draper, English, Fleming, Fletcher, Flood, A. Fry,
W. O. Fry, Gilmer, Goodall, Goode, Goodykoontz, Graham, Harris, L. D. Haymond, T. S.
Haymond, Hoge, Horton, Huntt, Irving, J. B. Johnson, Jones, Kaufman, Kenney, Lundy,
Ltirty, Lynch, Marye, Mathews, McCue, McCutchen, McElroy, McKinney, McNeil, Melvin,
Miller, Morgan, Mullens, R. E. Nelson, Parramore, Patterson, Pretlow, Randolph, Riddick,
Rixey, Robertson, Rowan, Rust, Rutherfoord, D. J. Saunders, F. Saunders, Scott,
Skackleford, Sherrard, Smith, Staples, R. F. Taylor, T. W. Taylor, Tomlin, Tivdway,
J. Walker, Walton, Ward, R. J. White, Williajns, J. L. Wilson, Winn, Winston, Woodley,
Woolfolk, Worsham and Wright—93.
Noes—Messrs. Anderson, Barksdale, Bowen, Cresap, Deyerle, Duval, Evans, Ferguson,
Hendrick, Herndon, Holden, Hutcheson, James, W. Johnson, Jordan, Linkous, Lively,
house of delegates;
63
Magruder, Marr, McMillan, Meade, Monroe, Nighbert, Pendleton, Pitman, Richardson, J.
A. Robinson, Shelton, Snowden, Stewart and Tibbs—31.
The question recurring on agreeing to the motion to insert "fifty-
five," Mr. Lundy demanded the previous question; which was sus¬
tained by the house; and being put, was decided in the negative—
Ayes 31, noes 9-5. . .
On motion of Mr. Anderson, the vote was recorded as follows:
Ayes—Messrs. Anderson, Bowen, Bowles, Brooke, Bryan, Buffington, Butler, Burwell,
Cowan, Crawford, Cresap, Crockett, Draper, Ferguson, Fleming, Huntt, Irving, W. John¬
son, Jordan, Lurty, Meade, Pitman, Rixey, Rowan, D. J. Saunders, E. T. Saunders,
Shackleford, Sherrard, Thompson, Ward, Williams and J. L. Wilson—31.
Noes—Messrs. Sheffey (speaker), Ambers, Baker, Barksdale, Bouldin, Branch, Buford,
Chalmers, Coke, Cox, Cummings, Custis, Deane, Deyerle, Dickey, Douthat, Duval, Ed¬
wards, English, Evans, Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goodall, Goode,
Goodykoontz, Graham, Harris, L. D. Haymond, T. S. Haymond, Hendrick, Herndon, Hiett,
Hoge, Holdeii, Horton, Hutcheson, James, J. B. Johnson, Jones, Kaufman, Keiley, Kenney,
Linkous, Lively, Lundy, Lynch, Magruder, Marr, Marye, Mathews, McCue, McCutehen,
McElroy, McKinney, McMillan, McNeil, Melvin, Miller, Monroe, Morgan, Mullens, R. E.
Nelson, Nighbert, Parramore, Patterson, Pendleton, Pretlow, Randolph, Richardson, Rid-
dick, J. A. Robinson, Rust, Rutlierfoord, F. Saunders, Scott, Shelton, Smith, Snowden,
Staples, Stewart, R. F. Taylor, T. W. Taylor, Tibbs, Tomlin, Tredway, J. Walker, Walton,
R. J. White, Winston, Woodley, Worsham and Wright—95.
On motion of Mr. Fleming,
Resolved, that on any amendment to the pending bill other than
the one now under consideration, no member shall speak more than
once, nor longer than ten minutes.
Mr. Tomlin moved to amend the bill, by striking out in the 2d line
of the 1st section the words " between the ages of 16 and years,"
and of inserting " over the age of 16 years, capable of performing
military service;" and the question being on agreeing thereto, Mr.
Haymond of Braxton demanded the previous question; which was
sustained by the house; and being put, was decided in the negative—
Ayes, 23, noes 98.
On motion of Mr. Tomlin, the vote was recorded as follows :
•
Ayes—Messrs. Barksdale, Bland, Burwell, Cresap, Deyerle, Evans, L. D. Haymond,
Hendrick, Hiett, Hutcheson, James, Jordan, Linkous, Magruder, McMillan, Monroe, Nigh¬
bert, Pitman, Richardson, Shelton, Tomlin, R. J. White and Woodley—23.
Noes—Messrs. Sheffey (speaker), Ambers, Anderson, Bouldin, Bowen, Bowles, Branch,
Brooke, Bryan, Buffington, Buford, Burr, Butler, Chalmers, Coke, Cowan, Cox, Crawford,
Crockett, Cummings, Custis, Deane, Dickey, Douthat, Edwards, English, Fleming,
Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goodall, Goode, Goodykoontz, Graham, Hall,
Harris, T. S. Haymond, Hoge, Horton, Huntt, Irving, J. B. Johnson, W. Johnson, Jones,
Kaufman, Keiley, Kenney, Lively, Lundy, Lynch, Marr, Mathews, McCue, McElroy,
McKinney, McNeil, Meade, Melvin, Miller, Morgan, Mullens, R. E. Nelson, Parramore,
Patterson, Pendleton, Pretlow, Randolph, Reid, Riddick, Rixey, Robertson, Rowan, Rust,
Rutlierfoord,. D. J. Saunders, E. T. Saunders, F. Saunders, Shackleford, "Sherrard, Smith,
Staples, Stewart, R. F. Taylor, Tl W. Taylor, Tredway, J. Walker, Walton, Ward, N. W.
White, Williams, J. L. Wilson, Winn, Winston, Woolfolk, Worsham and Wright—98.
Mr. Bouldin moved to amend the bill, by striking out in the 1st
section, 1st line, the words "in the militia," and to insert "in the
forces organized for local defence under this act."
Mr. Anderson moved to amend the amendment, by inserting be¬
fore the word "local" the word "state;" and the Question being on
agreeing thereto—pending the consideration of which,
On motion of Mr. Haymond of Marion, the house adjourned until
to-morrow, 11 o'clock.
64
JOURNAL OF THE
FRIDAY, September 25, 1863.
Prayer by Rev. Mr. Christian of the Methodist church.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following report:
An adverse report as to the expediency of reviving and amending
the act of 1792, entitled an act against divulgers of false news.
Mr. Magruder, from the committee of propositions and grievances,
reported the following bill:
No. 32. A bill to amend the charter of the town of Ashland.
Mr. Magruder, from the same committee, presented the following
report:
An adverse report as to the expediency of establishing by law a
home for disabled soldiers.
Mr. Bouldin, from the committee on finance, presented the •fol¬
lowing bill:
No. 33. A bill authorizing rail road companies and other corpora¬
tions to pay their indebtedness to the commonwealth in a certain
manner.
Mr. Bouldin, from the same committee, to whom had been re¬
ferred a resolution to enquire whether any rail road in this state has
violated the provisions of the law passed at.the last session, limiting
the rates of transportation of passengers to 6 cents per mile, ask to
be discharged from the further consideration of the same, and that it
be referred to the committee of roads and internal navigation.
Mr. Robertson, from the committee on confederate relations, re¬
ported the following bill:
No. 34. A bill amending and re-enacting the 1st section of an act
entitled an act to amend and re-enact an act further to provide for
the public defence, passed October 3, 1862.
On motion of Mr McCue,
Resolved, that the committee of roads and internal navigation be
requested to enquire into the necessity of so amending the 25th sec¬
tion of the 61st chapter of the Code of Virginia, as to require the
several rail roads of this commonwealth to carry the arms, equip¬
ments and munitions of war at the rates now prescribed by law,
whether these things be sent at the time of the shipment of troops
on said road^, or at any time.
On motion of Mr. Gilmer,
Resolved, that the committee on banks enquire into the expediency
of authorizing the banks in this commonwealth to redeem their issues
in confederate currency, and of requiring the holders of such issues,
under the penalty of forfeiture or other adequate penalty, to present
them for redemption within a limited time, to be specified by law.
On motion of Mr. Burwell,
Resolved, that the committee of roads and internal navigation en¬
quire into the expediency of reporting a bill requiring rail road com¬
panies to afford additional facilities to travelers in purchasing tickets
and in opening the cars.
HOUSE OF DELEGATES.
65
A message was received from the senate by Mr. Douglas, inform¬
ing the house of delegates that the senate had agreed to the joint
resolution for the appointment of a joint committee on the subject
of salt, and had appointed a committee on their part.
The Speaker announced the following committee under the reso¬
lution, on the part of the house: Messrs. Brooke, Cummings, Goode,
Haymond of Braxton, &c., Marr, Winston, Williams, Evans and
Linkous.
The Speaker announced the following select committee on the
subject of extortion: Messrs. Anderson, Saunders of Richmond city,
Marye, Wilson of Norfolk county, Bowen, Herndon, Deyerle, Hut-
cheson, Worsham, Keiley, Gioodall, Mullens and Snowden.
On motion of Mr. Anderson,
Resolved, that the committee on extortion and speculation be au¬
thorized to send for persons and papers,.and that the bills on the
subject of extortion, reported to the last legislature, and the testi¬
mony taken before the committee which reported them, be with¬
drawn, and referred to the committee on extortion and speculation.
No. 22. A bill to amend and re-enact the 28th section of chapter
52 of the Code of Virginia (edition of 1860), was taken up, on mo¬
tion of Mr. Ambers, read a second time, amended, and as amended
ordered to Re engrossed and read a third time.
No. 12. A bill to amend the 4th and 5th sections of the 87th
chapter of the Code of Virginia, was taken up, on motion of Mr.
Rutherfoord, read a second time, amended, and as amended or¬
dered to be engrossed and read a third time.
[The title of the bill was amended so as to amend and re-enact the
56th section.]
The hour having arrived for the consideration of the order of the
day,"
No. 23. A bill to reorganize the militia, being the order of the
day (on its second reading), was taken up; and the question being
on the amendment proposed .by Mr. Anderson to the amendment to
the first section proposed by..Mr. Bouldin—pending the considera¬
tion of which,
Mr. Staples submitted the following resolution:
♦Resolved, that the bill now pending be recommitted to the com¬
mittee on military affairs, and that said committee are hereby in¬
structed to report a. bill for the organization of the military forces of
the state, upon the following principles:
1st. That the military forces shall be divided into two classes—
the first to be denominated "State Militia;" and therein service shall
be due from every white male between the ages of • eighteen-and
forty-five, including persons who have substitutes in the confederate
army, persons residing in this commonwealth, and all others not ex¬
empt by the laws thereof. The second class shall be knowh as
" Home Guardsand shall consist of all white males between the
ages of sixteen and eighteen and forty-five and sixty, who are resi¬
dents of the state and not exempt by the laws thereof.
2d. The state militia shall be liable at any time to be called into
9
66
JOURNAL OF THE
active service by the governor, to repel invasion, to suppress insur¬
rection, to guard public property and public works, or to .cooperate
with the confederate army in resisting the movements of the public
enemy in any portion of this commonwealth.. But such class shall
in no case serve for a longer- period than six months. The second
class, or home guards, shall be liable to the same service, but only in
their respective counties, and the counties immediately contiguous
thereto. They may also be called on to arrest deserters from the
confederate army; but in no case shall they be called out except by
the commandants of their respective counties, or for more than ten
days at any one time; and the question being on agreeing thereto,
Mr. Rutherfoord demanded the previous question; which was sus¬
tained by the house; and being put, was decided in the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Anderson to strike out the words "-state and" before the
words " local defence," in the amendment submitted by Mr. Bouldin,
was put, and decided in the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Bouldin, to strike out in the first line of the 1st section of
the bill the words "in the militia," and to insert "in the forces or¬
ganized for local defence under this act," was put, and decided in the
affirmative.
A message was received from the senate by Mr. Brannon, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act making an appropriation to pay certain expenses of
government, No. 5, with an amendment : in which they respectfully
requested the concurrence of the house of delegates.
On motion of Mr. Harris, the house adjourned until to-morrow,
11 o'clock.
/
SATURDAY, September 26, 1863.
'Prayer by Rev. Mr. Christian of the Methodist church.
The amendment proposed by the senate to house bill No. 5, en¬
titled an act making an appropriation to pay certain expenses of
government, was taken up and concurred in—Ayes 95.
Ayes—Mcssfs. Ambers, Anderson, Bland, Bouldin, Bowen, Bowles, Branch, Brooke,
Bryan, Buffing ton, Buford, Burr, Butler, Burwell, Chalmers, Coke, Cowan, Crawford,-
Cresap, Crockett, Cummings, Custis, Deane, Deyerle, Douthat, Draper, Duval, English,
Evans, Flood, A. Fry, W. O. Fry, Goodall, Goode, Goodykoontz, Graham, Harris, L. D.
Haymgnd, T. S. Haymond, Herndon, Hiett, Holden, Horton, Hutcheson, Irving, J. B.
Johnson, W. JoBnson, Jordan, Kaufman, Kenney, Ivindriek, Lively, Lundy, Lurty, Lynch,
Magruder, Marr, Marye, McElroy, McKinney, McMillan, McNeil, Meade, Melvin, Miller,
Monroe, R. E. Nelson, Patterson, Pendleton, Pitman, Reid, Richardson, Rixey, Robertson,
I. IJpbinson, J. A. Robinson, Rust, Rutherfoord, D. J. Saunders, E. T. Saunders, F. Saun¬
ders, Scott, Shackleford, Shelton, Snowden, Staples, Stewart, Thompson, Tredway^Ward,
R. J. White, Williams, J. L. Wilson, Winn, Winston, Woodley and WorsKam—95.
Ordered, that the clerk inform the senate thereof.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
HdUSE OF DELEGATES.
67
No. 35. A bill appointing a commission to make experiments with
torpedoes and submarine batteries.
Mr. Bouldin*, from the committee on finance, presented the fol¬
lowing bill:
No. 36. A bill concerning auctioneers.
Which said bills were subsequently read a first time, and ordered
to be read a second time.
On motion of Mr. Pendleton,
Resolved, that the committee of roads and internal navigation en¬
quire igato the expediency of reporting a bill regulating the rights
and duties of express companies, and'of prohibiting officers, agents
and stockholders thereof from having any priority of transportation
over other citizens of this commonwealth.
On motion of Mr. Hutcheson,
Resolved, that the committee of propositions and grievances be •
authorized to enquire into the expediency of employing the male
convicts in the penitentiary in the coal mines near the city of Rich¬
mond, and of devoting the proceeds of their .labor towards furnishing
fuel to the destitute wives and families of our soldiers in this city
and vicinity, and such refugee ladies as may need such assistance;
and that said committee be authorized, if they deem it expedient, to
furnish such*aid, through the Young men's christian association of
the city of Richmond.
On motion of Mr. Haymond of Braxton,
Resolved, that the committee for courts of justice enquire into
the propriety of so amending sections 1st, 2d, 3d, 4th and 5th of
chapter 198 of the Code of Virginia, as to more effectually suppress
gaming. *
No. 22. An engrossed bill to amend and re-enact the 28th section
of .chapter 52 of the Code of Virginia (edition of 1860), was taken
up and read a third time.
Mr. Ambers submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a .third time;
and the question being—Shall the bill pass ? was put, and decided
in the affirmative.
Ordered, that Mr. Ambers carry the same to the senate", and re¬
quest their concurrence.
No. 12. An engrossed bill to amend and re-enact the 4th, 5th and
56th sections of the 87th chapter of the Code of Virginia, was read
a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
respectfully request their concurrence therein.
No. 10. A bill prohibiting sales by auction in certain cases, was
taken up, on motion of Mr. Bouldin, and read a second time, and
on motion of Mr. Burwell, was recommitted to the committee on
finance.
Mr. Marye, at his own request, was relieved from serving on the
committee for extortion.
Mr. Haymond of Marion was appointed on said committee.
68
JOURNAL OP THE
The hour having arrived for the consideration of the order of the
day,
No. 23. A bill to reorganize the militia, being the order of the
day (on its second reading), was taken up.
Mr. Hutcheson moved to strike out the first section, and insert
in lieu thereof the following:
"All able-bodied white males domiciled in the state, between the
ages of forty-five and fifty years, and all under that age who may
have furnished substitutes, and all foreigners between the ages of
sixteen and forty-five years, domiciled in the state, shall be liable to
military duty, and be organized into companies, battalions and regi¬
ments, as the executive of the commonwealth may deem best for
the public interest, and shall be placed at the disposal of the con¬
federate government, for a period of twelve months, unless sooner
discharged, whenever called upon by the president of the Confede¬
rate States, and be armed and equipped by said government.
2. Every white male between the ages of sixteen and sixty years,
domiciled in this state, and not included in the foregoing section,
shall be liable to militia duty, foi\.the purpose of home defence, and
subject to the provisions herein after enacted."
The question being on agreeing thereto, Mr. James demanded the
previous question; which was sustained by the house; and being put,
was decided in the negative.
Mr. Buford moved to amend the first section, by striking out the
word "domiciled," and inserting "resident."
Mr. McKinney moved to amend the amendment, by inserting after
the word "commonwealth" the words "for six months" (so that the
bill'would read "resident in this commonwealth for six months");
and the question being on agreeing thereto, Mr. James demanded the
previous question; which was sustained by the house; and being
put, was decided in the affirmative.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative—Ayes 78, noes 23.
On motion of Mr. Buford, the vote was recorded as follows:
Axes—Messrs. Ambers, Bland, Brooke, Buford, Butler, Burwell, Cox, Cresap, Crockett,
Cummings, Custis, Deane, Deyerle, Dickey, Douthat, Draper, Duval, Edwards, Evans,
Flood, A. Fry, W. O. Fry. Goodykoontz, Graham, L. D. Raymond, T. S. Raymond, Hern-
don, Hiett, Hoge, Holden, Horton, Huntt, James, J. B. Johnson, W. Johnson, Jordan,
Kenne.y, Lively, Lundy, Lynch, Magruder, Mathews, McCutchen, -McElroy, McKinney,
McMillan, McNeil, Melvin, Miller, Mullens, R. E. Nelson, Nighbert, Patterson, Pendleton,
Pitman, Powell, Reid, Richardson, I. Robinson, Rowan, Rutherfoord, D. J. Saunders, E.
T. Saundertf, Scott, Shackleford, Shelton, Sherrard, Staples, Stewart, T. W. Taylor, Thomp¬
son, Tibbs, J. Walker, Ward', R. J. White, Williams, J. L. Wilson, Woodley, Worsham
and Wright—78.
Noes—Messrs. Anderson, Bouldin, Bowen, Bowles, Branch, Bryan, Buffington, Burr,
Chalmers, Crawford, Fleming, Goode, Hall, Hendrick, Irving, Jones, Linkous, Marr, Mon¬
roe, Pretlow, F. Saunders, Tredway and Walton—23.
Mr. Bouldin moved to amend the section as amended, by striking
out the words "resident in this commonwealth Tor six months, and
not exempt by the laws thereof," and to in'sert "who is a resident of
this commonwealth, and not legally exempted from military service."
Mr. Pendleton moved to amend the amendment, by adding thereto
h6use of delegates. 69
the words "by the laws thereof." Pending the consideration of
which,
On motion of Mr. Pitman, the house adjourned until Monday, 11
o'clock.
MONDAY, September 28, 1863.
Prayer by Rev. Dr. Read of the PrSsbyterian church.
Mr. Anderson, from the committee on military affairs, to whom
had been committed the preamble and resolutions heretofore submit¬
ted by Mr. Tredway [see Journal Sept. 18, 1863], presented a re¬
port, asking to be discharged from the further consideration of the
subject.
Mr. Bouldin, from the committee on finance^to whom had been
recommitted a bill prohibiting sales at auction in certain cases, No.
10, and a bill concerning auctioneers, No. 36, presented the follow¬
ing bill:
No. 36. A bill concerning auctioneers and prohibiting sales at
auction in certain cases; which was read a first time, and ordered to
be read a second time.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 37. A bill incorporating the Home insurance company of the
city of Petersburg.
Mr. Jones, from the committee of privileges and elections, pre¬
sented the following bill:
No. 38. A bill amending the 1st section of chapter 10 of the
Code of Virginia (edition of 1860), extending the time within which
a person intending to contest the election of another as senator or
delegate, may give notice; -which was read a first time, and ordered
to be read a second time.
Mr. Magruder, from the special committee on salt, presented the
following report; which was concurred in :
That since their organization, a joint committee of the two houses
has been appointed, with the same powers and duties as those de¬
volved upon them. They therefore asked to be discharged from.the
further "consideration of the resolutions before them, and that the
same be referred to the said joint committee.
Mr. Miller submitted the following preamble and resolution :
Whereas it has been represented, that many of the people of the
United States are in favor of terminating the war now unhappily
existing between the Confederate States and the United States, and
have so expressed themselves in primary meetings and conventions,
and that some of the northern states, through their legislatures, have
been proposing and adopting measures looking to a termination of
the present war:
Be it therefore resolved, that a committee be appointed for the
70
JOURNAL OF THE
purpose of enquiring into any action on the part of any of the peo¬
ple of the United States, whether in primary meetings, conventions,
or through legislative bodies, relative to a termination of the present
war; and whether such action has been taken by any part of the
people of the United States, as would justify the state of Virginia
in adopting such measures and recommendations, not inconsistent
with the honor of the state or of the Confederate States, as would
tend to bring about an armistice between the two nations, and a fair
and honorable termination of the war.
The question being on agreeing thereto, Mr. Morgan moved the
indefinite postponement of the preamble and resolution; and the
question being on agreeing thereto, Mr. Jones demanded the previous
question; which was sustained by the house; and being put, was de¬
cided in .the affirmative.
Mr. Walton presented a letter from the agent of salt for the county
of Shenandoah; also a letter from Stuart, Buchanan & Co. to said
agent; which was ordered to be referred to the joint committee on
salt.
On motion of Mr. Burr,
Resolved, that the committee of roads and internal navigation
enquire into the expediency of empowering the James river and
Kanawha company and the directors of other lines of internal navi¬
gation to regulate the charges for freight and passengers on the James
river and Kanawha canal and said other lines of improvement.
On motion of Mr. Holden,
Resolved, that the committee on confederate relations be instructed
to ascertain from the proper authorities of the Confederate States
why they do not furnish the soldier the rations allowed by their Re¬
gulations; if said rations cannot be furnished, why the soldier can¬
not procure commutation of said rations.
On motion of Mr. Keiley,
Resolved, that the committee on finance be instructed to enquire
into the expediency of exempting from taxation the model farm of
the city of Petersburg.
Mr. Walker of Rockingham submitted the -following resolution;
which being objected to, lies over under the rule:
Resolved, that with the consent of the senate, this house will ad¬
journ on Monday the 12th of October next, to meet again at the next
regular session.
No. -34. A bill amending and re-enacting the first section of an
act entitled an act to amend and re-enact an act further to provide
for the public defence, passed October 3, 1S63, was taken up, on
motion of Mr. Robertson, read a first time, and ordered to be read
a second time; and on his further motion, two-thirds concurring, was
read a second time.'
Mr. Bueord moved to amend the bill, by striking out the follow¬
ing words: " provided further, that slaves removed from counties
overrun by the public enemy, shall not be liable under this act," and
inserting in lieu thereof the following -words: "provided, that the
court of any county on which such draft shall be made, may, in their
HOUSE OF DELEGATES. 71
discretion, exempt any slaves brought therein from counties overrun
by the public enemyand the question being on agreeing thereto,
Mr. Harris demanded the previous question; which was sustained
by the house; and being put, was decided in the negative—Ayes 36,
noes 74.
On motion of Mr. Wilson of Isle of Wight, the vote was recorded
as follows:
Ayes—Messrs. Ambers, Bouldin, Branch, Buford, Coke, Crockett, Cummings, Deyerle,
Dickey, Douthat, Draper, Duval, Flood, A. Fry, W. O. Fry, Goodall, Goodykoontz, Gra¬
ham, J. B. Johnson, Keiley, Lively, Lundy, Magruder, Marr, McKinney, Mullens, Nigh-
bert, Patterson, F. Saunders, Smith, Staples, Thompson, J. Walker, R. J. White, Winn and
Worsham—36.
Noes—Messrs. Anderson, Baker, Bland, Bowen, Bowles, Brooke, Burr, Burwell, Cowan,
Cox, Crawford, Cresap, Custis, Deane, Draper, Edwards, English, Evans, Fleming, Hall,
Harris, L. D. Haymond,'T. S. Haymond, Hendrick, Hiett, Hoge,. Holden, Horton, Huntt,
Hutcheson, Irving, W. Johnson, Jones, Jordan, Kaufman, Kenney, Lynch, Maryet Ma¬
thews, McCutchen, McMillan, McNeil, Meade, Melvin, Miller, Monroe, Morgan, Parramore,
Pendleton, Pitman, Eeid, Eiddick, Eixey, Eobertson, I. Eobinson, J. A. Robinson, Eust,
D. J. Saunders, E. T. Saunders, Scott, Shackleford, Shelton, Sherrard, Stewart, Tibbs, Tred-
way, J. C. Walker, Walton, Ward, Williams, J. L. Wilson, Woodley and Wright—74.
The bill was then amended, on motions of Mr. Bouldin and Mr.
Mayre, and as amended read a second time, and ordered to be en¬
grossed and read a third time.
The hour having arrived for the consideration of the order of the
day,
No. 23. A bill to reorganize the militia, being theDrder of the day
(on its second reading), was taken up. Mr. Bouldin, by leave of
the house, withdrew the amendment heretofore submitted by him.
Mr. Irving moved to amend the 1st section, by adding thereto the
following: "provided that this act shall not apply to any foreigner
not domiciled in this state, until days after the passage thereof."
Mr. Buford moved to fill the blank in the amendment with the
word "thirty."
Mr. Shackleford demanded the previous question; which was
sustained by the house; and being put, was decided in the affirmative.
Mr. Marye moved to amend the amendment, by adding thereto
the following words: "nor to any foreigner who shall have within
such period applied to the proper authority for leave to depart from
this commonwealth, and failed to obtain such leave;" and the ques¬
tion being on agreeing thereto, was put, and decided in the affirma¬
tive.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative.
Mr. McKinney moved further to amend the 1st section, by insert¬
ing in the 2d line, after the word "male," the words "whether he
has a substitute or not."
Mr. BufoRd demanded the previous question; which was sustained
by the house; and being put, was decided in th*e affirmative—Ayes
54, noes 47.
On motion of Mr. Staples, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Baker, Bouldin, Bowen, Bowles, Branch,
Burr, Chalmers, Coke, Crawford, Custis, Deane, Deyerle, Dickey, Douthat, Duval, English,
Flood, A. Fry, Goodykoontz,Graham, Hall, T. S. Haymond, Hiett, Holden, J. B. Johnson,
72
JOURNAL OF THE
W. Johnson, Jordan, KeUey, Kindrick, Lively, Magruder, Marr, Marye, McElroy, McKin-
ney, McMillan, Miller, Morgan, K. E. Nelson, Nighbert, Patterson, Riddick, J. A. Robinson,
Rowan, D. J. Saunders, Scott, Snowden, Staples, Thompson, Tibbs, Ward and J. L. Wil¬
son—54.
Noes—Messrs. Anderson, Bland, Brooke, Buford, Burwell, Crockett, Cummings, Ed¬
wards, Fleming, Harris, L. D. Haymond, Hendrick, Hoge, Horton, Irving, Jones, Kenney,
Lundy, Lynch, McCutchen, McNeil, Meade, Monroe, Mullens, Parramore, Pitman, Powell,
Reid, Rixey, Robertson, I. Robinson, E. T. Saunders, F. Saunders, Shackleford, Shelton,
Sherrard, Smith, Stewart, Tredway, J. Walker, J. C. Walker, Walton, R. J. White, Wil¬
liams, Winn, Woodley and Worsham—47.
A message was received from the senate "by Mr. Randolph, who
informed the house that the senate bad passed a hill entitled an act
to reorganize the militia: in which they respectfully requested the
concurrence of the house of delegates.
The Speaker laid before the house a communication from the
governor, and also a letter from the superintendent of the peniten¬
tiary to the governor, in relation to the escape of slave convicts hired
to Jos. R. Anderson & Co.; which were read, and ordered to be re¬
ferred to the committee on the penitentiary.
The order of the day, being
No. 23. A bill to reorganize the militia, was then, on motion of
Mr. Anderson, laid on the table.
No. 19. A senate bill entitled an act to reorganize the militia, was
taken up, on motion of Mr. Deane, read a first time, laid on the table
and ordered to be printed.
On motion o*f Mr. Miller, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, September 29, 1863.
Prayer by Rev. Dr. Read of the Presbyterian church.
Mr. Rutherfookd, from the committee for courts of justice, pre¬
sented the following bills:
No. 39. A bill to define and punish the offences of forestalling, re-
grating and engrossing, and to regulate and restrict the intermediate
employment of capital between the producer and consumer; which
was read a first time, and ordered to be read a second time.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 40. A bill for the relief of the indigent soldiers of the state
of Virginia, who have been or may be disabled in the militafy ser¬
vice, and the widows and minor children of soldiers who have died,
or may hereafter die in said service, and of the indigent families of
those now in the service ; which was read a first time, and ordered to
be read a second time.
Mr*. Anderson, from the same committee, presented the following
report:
An adverse report in relation to the expediency of requiring civil
officers to arrest deserters.
Mr. Bowles presented the petition of C. H. and R. A. E. Dab-
HOUSE OF DELEGATES.
73
ney, praying to have a license tax refunded to them; which was or¬
dered to be referred to the committee on finance.
On motion of Mr. Deyerle,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of exempting the principal or superin¬
tendent of female schools in certain cases from militia duty.
On motion of Mr. Miller,
Resolved, that the committee on banks enquire whether or not the
confederate money loaned by the banks of this city to the common¬
wealth will have to be refunded to said banks in specie, or any mo¬
ney other than confederate money.
On motion of Mr. Burwell,
Resolved, that the joint committee on-the public library enquire
into the expediency of relieving the secretary of the commonwealth
of the duties of general librarian, and of appointing, by joint vote of
both houses, a librarian of the public library, who shall have the
powers and perform the duties now imposed by law on the secretary
of the commonwealth j and to enquire into the propriety of limiting
the number of persons who may obtain books from the library.
On motion of Mr. Rutherfoord,
Resolved, that the committee for courts of justice enquire into the
expediency of amending the 1st section of chapter 1-5 of the Code of
Virginia.
On motion of Mr. Deane,
Resolved, that the governor of the commonwealth be requested to
report to this house the aggregate number of troops that Virginia
has furnished to the confederate armies; also the number of arms and
their kinds that have been issued, and the number now remaining on
hand and their condition.
The resolution heretofore submitted by Mr. Walker of Rocking¬
ham, for an adjournment of the present session, was taken up on his
motion, and amended, on motion of Mr. Jones; and the question
being on agreeing to the resolution as amended, was put, and decided
in the affirmative—Ayes 71, noes 47.
On motion of Mr. Custis, the vote was recoisded as follows:
Ayes—Messrs, Sheffey (speaker). Anderson, Bowen, Branch, Buford, Cox, Crockett,
Cummings, Custis, Deane, Dickey, Douthat, Draper, Duval, Epglisb, Fleming, Flood, A.
Fry, Goodall, Goodykoontz, Graham, Hall, Herndon, Hiett, Horton, Hughes, James, J. B.
Johnson, W. Johnson, Kenney, Kindrick, Linkous, Lively, Lundy, Lurty, Magruder,
Marr, Mathews, McElroy, McKinney, McNeil, Meade, Miller, Mullens, R. E. Nelson, Night-
bert, Patterson, Pitman, Powell, Reid, Riddiek, Rixey, Rust, Rutherfoord, D. J. Saunders,
E. T. Saunders, Shelton, Sherrard, Snowden, Staples, R. F. Taylor, Thompson, Tibbs,
Tredway, J. Walker, J. C. Walker, Walton, Ward, R. J. White, J. L. Wilson and
Worsham—71.
Noes—Messrs. Ambers, Baker, Bland, Bouldin, Bowles, Brooke, Burr, Burwell, Craw-,
ford, Cresap, Deyerle, Edwards, Evans, W. O. Fry, L. D. Raymond, T. S. Haymond. Hen-
drick, Hoge, Holden, Huntt, Hutcheson, Irving, Jones, Jordan, Kaufman, Keiley, Marye,
McCutchen, McMillan, Melvin, Monroe, Morgan, Murdaugh, Parramore, Randolph, Rich¬
ardson, Robertson, I. Robinson, J. A. Robinson, F. Saunders, Scott, Shackleford, Stewart,.
Williams, Winn, Winston and Woodley—47.
The resolution is as follows:
Resolved that this house, with the consent of the senate, will ad¬
journ on Monday the 12th of October next, sine die.
10
74
JOURNAL OF THE
Ordered that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Thompson presented the memorial of Stewart, Buchanan &
Co. in relation to the report of the. board of public works and the
superintendent of salt; which was read.
Mr. Burwell moved that the memorial^ be referred to the com¬
mittee on salt, and be printed.
Mr. Pendleton asked a division of the question; which was
agreed to.
The question being on the reference, was put, and decided in the
affirmative.
The question recurring on agreeing to the motion to print, was
put, and decided in the negative.
No. 34. An engrossed bill amending and re-enacting the 1st sec¬
tion of an act entitled an act to amend and re-enact an act further to
provide for the public defence, passed October 3d, 1862, was taken
up, on motion of Mr. Harris, and read a third time.
Mr. Winston moved to reconsider the vote by which the bill was
ordered to its engrossment; and the question being on agreeing
thereto, was put, and decided in the affirmative.
The bill was then amended, and as amended read a second time,
and ordered to be engrossed and read a third time.
Subsequently, two-thirds concurring, the bill was read a third time.
Mr. Winston submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a third time.
The bill was then read a third time and passed.
■ The title was amended, so as to read "An act amending and re-
enacting the 1st and 3d sections," &c.
Ordered that Mr. Marye carry the same to the senate, and request
their concurrence.
No. 19. A senate bill entitled an act to reorganize the militia, was
taken up, on motion of Mr. Anderson, and read a "second time.
On motion of Mr. Anderson,
Resolved, that the pending bill be made the order of the day for
this day, and so on from day to day for every other day at 12 o'clock,
until disposed of.
Mr. Hall moved to amend the 1st section of the bill, by striking
out in the 3d line the word " sixteen," and inserting " eighteen;"
and the question being on agreeing thereto, was put, and decided in
the negative—Ayes 34, noes 84.
On motion of Mr. Anderson, the vote was recorded as follows:
Ayes—Messrs. Bouldin, Brooke, Oustis, Deaho, Fleming, Goodykoontz, Hall, Harris,
T. S. Haymond, Irving, Jones, Kaufman, Keiley, Kenney, Lynch, McElroy, McKinney,
Miller, Mullens, Patterson, Powell, Randolph, Ilixey, Rust, Scott, Shelton, Sherrard, Smith,
Staples, Tredway, J. Walker, Walton, R. J. White, Winn and Wright—34.
Noes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Bland, Bowen, Bowles,
Branch, Buford, Burr, Burwell, Coke, Cox, Crawford, Cresap, Crockett, Curamings, De-
yerle, Dickey, Douthat, Draper, Duval, Edwards, English, Flood, A. Fry, W. 0. Fry,
Goodall, Graham, L. D. Haymond, Hendrick, Herndon, Hiett, Hoge, Holden, Horten,
Huntt, Hutcheson, James, J. B. Johnson, W.Johnson, Jordan, Kindrick, Linlcous, Lively,
Lundy, Lurty, Magruder, Marr, Mathews, McCutchen, McMillan, McNeil, Meade, Melvin,
Monroe, Morgan, R. E. Nelson, Nighbert, Parramore, Pitman, Reid, Richardson, Riddick,
Robertson, I. Robinson, J. A. Robinson, Rowan, Rutkerfoord, D. J. Saunders, E. T. Saun-
HOUSE OF DELEGATES.
75
ders, F. Sannderg, Shackleford, Snowden, R. F. Taylor, Thompson, Tibbs, J. C. Walker,
Ward, Williams, J. L. Wilson, Winston, Woodley and Worsbam—83.
Mr. McKinney moved to amend the 1st section, by striking out
the first section, and inserting in lieu thereof the following:
" Be it enacted by the general assembly, that service in the forces
organized for local defence under this act, shall be due from every
white male between the ages of 17 and -50 .years, who has been a
resident of this commonwealth for six months, and is not exempt by
the laws thereof, whether he has a substitute or not: provided, that
this act shall not apply to any foreigner not domiciled in this state,
until thirty days after the passage thereof, nor any foreigner who
shall have, within such period, applied to the proper authority for
leave to depart from this commonwealth, and failed to obtain such
leave."
Mr. Buford moved to amend the amendment, by striking out the
entire amendment, and inserting in lieu thereof the following :
" Be it enacted by the general assembly, that all white males be¬
tween the ages of sixteen and » years, resident in this common¬
wealth, and not exempt by the laws thereof, shall be organized for
local defence during the present war, in the manner herein after pro¬
vided." ,
The question being on agreeing thereto, Mr. Pendleton demanded
the previous question; which was sustained by the house; and being
put, was decided in the affirmative—Ayes 66, noes 46.
On motion of Mr. Deane, the vote was recorded as follows:
Ayes—Messrs. Ambers, Anderson, Bland, Branch, Buford, Burr, Burwell, Cummings,
Deyerle, Dickey, Douthat, Draper, Duval, Edwards, Evans, Flood, A. Fry, Goodall, Gra¬
ham, Harris, L. D. Haymond, Hepdrick, Herndon, Hiett, Horton, Hutcheson, James, J B.
Johnson, W. Johnson, Jones, Jordan, Kindiick, Linkous, Lively, Lundy, Magruder. Mair,
Mathews, McGutcben, McNeil, Meade, Melvin, Monroe, Mullens, Nighbert, Parramore,
Pendleton, Pitman, Powell, Randolph, Reid, Richardson, Robertson, J. A. Robinson,
Rowan, Rutherfoord, D. J. Saunders, ShackM'ord, Shelton, Smith, Snowden, R. F. Taylor,
Thompson, K. J. White, Williams and Winn—66.
Noes—Messrs Baker, Bouldin, Bowen, Bowles, Brooke, Coke, Cowan, Cox, Crockett,
Custis, Deane, Fleming, W. O. Fry, Goodykoonfz, Hall, Hoge, Holden, Huntt, Irving,
Keiley, Kenney, Lynch, McElroy, McKinney, McMillan, Miller, Morgan, Patterson, Rid-
dick, E. T. Saunders, F. Saunders, Scott, Sherrard, Staples, Stewart, Tibbs, Tredwav, J.
Walker, J. C. Walker, Walton, Ward, J. L. Wilson, Winston, Woodley, Worsbam and
Wright—46.
The question recurring on agreeing to the'amendment as amended,
Mr. Pendleton demanded the previous question; which was sus¬
tained by. the house; and being put, was decided in the affirmative—
Ayes. 69, noes 40.
On motion of Mr. Harris, the vote was recorded as follows:
Ayes—Messrs. Shetfey (speaker), Ambers, Anderson, Bland, Buford, Burwell, Cox,
< 'ilnnnings, Deyerle, Dickey, Douthat, Draper, Edwards, Flood, A. Fry, Goodall, Graham,
L. D. Haymond, T. S. Haymond, Hendrick, Herndon, Hiett, Hoge, Horton, Hutcheson,
James, J. B. Johnson, W. Johnson, Jordan, Kindriek, Linkous, Lively, Luudy, Magru-
der, Marr, Mathews, McCutchen, McKinney, McNeil, Meade, Melvin, Miller, Monroe, Mul¬
lens, Nighbert, Parramore, Patterson, Pendleton, Pitman, Powell, Randolph, Reid, Richard¬
son, Robertson, Rowan, Rutherfoord, D.Sj. Saunders, Shackleford, Shelton, Staples,
Stewart, R. F. Taylor, Thompson, Tibbs, J. C. Walker, Ward, R. J. White, Winston and
Woodley—69.
Noes—Messrs. Baker, Bouldin, Bowen, Bowles, Branch, Brooke, Burr, Coke, Cowan,
Crockett, Custis, Deane, Duval. Evaiis, Fleming, W. O. Fry, Goodykoontz, Hall, Harris,
Holden, Huntt, Irving, Jones, Kaufman, Keiley, Kenney, Lynch, McElroy, Morgan, Rid-
diek, Rust, E. T. Saunders, Sherrard, Snowden, Tredway, J. Walker, Walton, J. L. Wil¬
son, Winn and Worsbam—40.
76
JOURNAL OP THE
Mr. Pendleton moved to fill the blank in the section as amended
with the word " sixtyand the question being on agreeing thereto,
was put, and decided in the negative.
Mr. Shacklefoed moved to fill the blank with the word "fifty-
five;" and the question being on agreeing thereto, Mr. Staples de¬
manded the previous question; which was sustained by the house;
and being put, was decided in the affirmative—Ayes 87, noes 22.
. On motion of Mr. Cowan, the vote was recorded as follows:
Ayes—Messrs. Ambers* Anderson, Btrker, Bland, Bouldin, Bowen, Bowles, Branch,
Brooke, Buford, Burr, Burwell, Coke. Cox, Crawford, Crockett, Custis, Deane, Deyerle,
Dickey, Douthat, Draper, Duval, Edwards, Evans, Flood, A. Fry, W. o. Fry, Goodall,
Goodykoontz, T. S. Raymond, Hendrick, Herndon, JTiett, Hoge, Horfon, Huntt, Hutebe-
son, Irving, James, J. B. Johnson, W. Johnson, Jones, Jordan, Keiley, Kenney, Kindrick,
Linkous, Lively, Lnndy, Lurty, Lynch, Magruder, Marr, Mathews, McMillan, Meade, Mel-
vin, Morgan, R. E. Nelson. Nighbert, Pendleton, Pitman, Powell, Read, Richardson, Rid-
dick, Robertson, Rowan, Rust, Rutherfoord, D. J. Saunders, E. T. Saunders, Scott, Shackle-
ford, Shelton, Snowden, Staples, R, F. Taylor, Thompson, Tredway, J,C. Walker, R. J.
White, Williams, J. L Wilson, Winn and Winston—87.
Noes—Messrs. Cowan, Fleming, Hall, Harris, Holden, Kaufman, McCutchen, McElroy,
McKinney, McNeil, Miller, Monroe, Mullens, Patterson, F. Saunders, Sherrard, Smith,
J. Walker, Walton, Ward, Woodley and Worsbam—22.
On motion of Mr. Cowan, the house adjourned until to-morrow,
11 o'clock.
WEDNESDAY, September :30, 1863.
Prayer by Rev. Dr. Read of the Presbyterian church.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bill:
• No. 41. A bill to amend and re-enact an act passed March the
11th, 1863, entitled an act to amend the 39th section of chapter 184
of the Code of Virginia (edition of 1S60), so as to increase the com¬
pensation of clerks and sheriffs for public service.
Mr. Burwell, from the committee of roads and internal naviga¬
tion, presented the following bill :
No. 42. A bill to regulate transportation of freights and passen¬
gers upon certain rail roads in.this commonwealth.
Mr. Bouldin, from the committee on finance, presented the fol¬
lowing reports:
An adverse report upon the petition of C. H. and R. A. E. Dab-
ney, asking to have a license tax refunded.
An adverse report upon the subject of exempting'the model farm
of the city of Petersburg from taxation.
Mr. Robertson, from the committee on confederate relations, to
whom had been referred a resolution in reference to the employment
of convicts on government work, presented a report asking to be dis¬
charged from the further consideration of the subject, and that the
same be referred to the committee on the penitentiary; which was
agreed to.
Mr. Robertson, from the same committee, to whom had been re-
HOUSE OF DELEGATES.
77
ferred a resolution as to passports and furloughs, presented a report,
that it is inexpedient to legislate upon the subject.
Mr. Pendleton presented the following preamble and resolution:
Whereas it is represented that in some of the counties of this com¬
monwealth the impressment or collecting agents of the confederate
government claim the right to collect from the producer all surplus
produce above what may be necessary for his own use, atid regardless
of what may be the wants of the immediate section surrounding the
producer:
. Resolved, that the committee on confederate relations enquire as
to the facts, and the appropriate remedy, and that they confer with
the confederate authorities with a view so to provide as to prevent
particular counties of this state from being so stripped of their pro¬
ductions as not to leave a sufficiency therein for the residents thereof.
The question being on agreeing thereto, was put, and decided in
the affirmative.
On motion of Mr. Haymond .of Braxton, •
Resolved, that the joint committee on the library enquire what ad-
ditionaf regulations and what assistance to the librarian, if any, are
necessary to preserve and keep in order the public library.
On motion of Mr. Baker,
Resolved, that the committee for courts of justice enquire into the
expediency of repealing or modifying so much of chapter 115 of the
Code of Virginia as relates to the capacity of aliens to take and dis¬
pose of real estate.
Mr. Worsham submitted the following resolution; which being
objected to, was laid over under the rule:
Resolved, that in view of our present struggle, it is the firm and
unalterable determination of the general assembly of Virginia not to
know or recognize religious sects by way of exemption in their mili¬
tary organization.
Mr. Burwell presented the memorial of the James river and Ka¬
nawha company, asking to be allowed to fix the rates of freights
charged by common carriers on the James river and Kanawha canal;
which was ordered to be referred to the committee of roads and in¬
ternal navigation.
On motion of Mr. Shelton,
Resolved, that until.otherwise ordered by the house, the Speaker
shall vacate the chair at 3 o'clock P. M. and resume it at 8 o'clock
P. M.
Mr. Mullens presented the following resolution; which being ob¬
jected to, wTas laid over under the rule:
Resolved, that hereafter no member of this house be allowed to
speak more than ten minutes on any one question.
No. 17. A bill to authorize, for a limited period, the impressment
of fuel by the Virginia Central rail road company, was taken up, on
motion of Mr. Magruder, and read a second time.
Mr. Magruder submitted an amendment. Pending the considera¬
tion thereof, the hour having arrived for the consideration of the
order of the day,
78
JOURNAL OF THE
No. 19. A senate bill entitled an act to reorganize the militia,
bejng the order of the day, was taken up.
Mr. Marye moved to amend the first section of the bill as amended,
by adding thereto the following:-"any citizen of a foreign govern¬
ment residing'but not domiciled in this state, shall not be held liable
to military duty under the provisions of this act, until after the ex¬
piration of days from the passage thereof, in order that such
foreigner may have opportunity to depart from this commonwealth,
if he choose to do so;" and the question being on agreeing thereto,
Mr. Anderson demanded the previous question; which was sustained
by the house; and being put, was decided in the affirmative—Ayes
104, noes 14.
On motion of Mr. Deane, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Baker, Bouldin, Bowen, Bowles, Branch,
, Brooke, Buffing-ton, Burr, Butler, Chalmers, Coke, Cowan, Cox, Crawford, Cresap, Crockett,
Cummings, Custis, Deane, Deyerle, Dickey, Douthat, Draper, Duval, Edwards^ English,
Evans, Fleming, Fletcher, Flood, A. Fry, W. O. Fry, Goodall, Goodykoontz, Graham,
Harris, L. D. Haymond, T. S. Haymond, Herndon, Hiett, Hoge, Holden, Horton, Hughes,
Huntt, IrviDg, James, J. B. Johnson, W. Johnson, Jones, Jordan, Kaufman, Keiley, Ken-
ney, Kindrick, Liukous, Lively, Magruder, Marye, Mathews, McElroy, McCut-chen, Mc-
Kinney, McMillan, McNeil, Meade, Melvin, Miller, Monroe, Morgan, R. E. Nelson, Nigh-
bert, Pendleton,- Randolph, Reid, Riddiek, Rixey, Robertson, I. Robinson, Rust, D. J.
Saunders, E. T. Saunders, Scott, Shelton, Sherrard, Snowden, Staples, Stewart, Tumlin,
Tredway, J. Walker, J. C. Walker, Walton, Ward, N. W. White, R. J. White, Williams,
Winn, Winston, Woodley, Woolfolk and Worsham—104.
Noes—Messrs. Anderson, Buford, Burwell, Hutcheson, Lundy, Lurty, Mullens, Mur-
daugh, Pitman, Powell, Rowan, Shackleford, Smith and Tibbs—14.
,Mr. Monroe moved further to amend the 1st section of the bill,
by adding thereto the following: " provided, however, that all per¬
sons who are over fifty-five years of age, who may see proper to en¬
roll themselves in the forces hereby raised, and are accepted by the
mustering officer, shall be furnished with arms, and receive the same
pay and rations that are allowed under this act, and be subject to the
provisions thereof;" and the question being on agreeing thereto, was
puti and decided in the affirmative..
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate had passed bills en¬
titled an act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th
sections of chapter 14; the 14th section of chapter 21; the 27th
section of chapter 23, and the 10th section of chapter 66 of the
Code of Virginia (edition of 1860), so as to increase the salaries of
certain officers of the government, No. 13; and an act to amend the
act passed February 13th, 1S62, entitled an act to amend section 14
of chapter 163 of the Code, in relation to the removal of the records
and papers of courts, No. 18: in which they respectfully requested
the concurrence of the house of delegates.
Mr. Bouldin moved to amend the bill in the 2d section, by stri¬
king out the following words: "regimental, battalion and compapy
districts are hereby abolished, and the enrollment and organization of
the militia shall hereafter be made by counties, cities and towns, and
by magisterial districts," and inserting in lieu thereof the following:
."the forces hereby organized shall be called the 'state forces,' and
the enrollment and organization thereof shall be made by counties,
HOUSE OF DELEGATES. 79
cities and towns, and by magisterial districts;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
The section was then amended, by substituting "state forces" for
" militia," wherever it occurs.
Mr. Haymond of Marion moved to amend the bill, by adding in
the 17th line the words "or discharged from the confederate service
by reason of having furnished substitutes therein;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. "Winston moved to amend the bill, by striking out the words
" whether exempted or not from service in the militia, or discharged
from the confederate service by reason of having furnished substitutes
therein;" and the question being on agreeing thereto, was put, and
decided in the affirmative.
Mr. Winston moved further to amend the section, by inserting in
the 18th line, after the word enrollment, the following: "including
all refugees and others temporarily sojourning in such districts;" and
the question being on agreeing thereto, Mr. Buford demanded the
previous question; which was sustained by the house; and being
put, was determined in the negative'—Ayes 36, noes 62.
On motion of Mr. Ward, the vote was recorded as follows:
Ayes—Messrs. Ambers, Bouldin, Bowen, Buffiington, Burr, Butler, Cummings, De-
yerle, Dickey, Douthat, Draper, Duval, Fleming, A. Fry, Goodall, Goodykoontz, Graham,
J. B. Johnson, Keiley, Kindrick, Lundy, Magruder, Mullens, R. E. Nelson, Patterson,
Rowan, Rutherfoord, Tomlin, Tredway, J. Walker, R. J. White, Winn, Winston and Wor-
sham—30.
Noes—Messrs. Sheffey (speaker), Anderson, Baker, Bland, Branch, Brooke, Buford,
Burwell, Chalmers, Cox, Crawford, Crockett, Custis, Deane, Edwards, English, Flood, W.
O. Fry, Hall, L. D. Haymond, T. S. Haymond, Hendrick. Herndon, Hiett, Holden, Hor-
ton, Huntt, Irving, James, W. Johnson, Jones, Jordan, Kaufman, Linkous, Lively, Lurty,
Lynch, Mathews, McCutchen, McNeil, Meade, Melvin, Miller, Monroe, Morgan, Nighbert,
Pendleton, Pitman, Powell, Reid, Richardson, Riddick, Rixey, I. Robinson, J. A. Robin¬
son, Rust, E. T. Saunders, F. Saunders, Scott, Shackleford, Sherrard, Snowden, Staples,
Stewart, Thompson, Tibbs, J. C. Walker, Walton, Ward, N. W. White, Williams and
Woodley—62.
On motion of Mr. English, the chair was vacated until 8 o'clock.
EVENING SESSION.
No. 19. A senate bill entitled an act to reorganize the militia, be¬
ing the order of the day, was taken up.
Mr. Deyerle moved to amend the second section, in the 23d line,
after the word " themselves," by inserting the words " whether tem¬
porary residents or not;" and the question being on agreeing thereto,
was put, and decided in the affirmative.
Mr. Monroe moved to amend the section, in the 28th line, by add¬
ing thereto, after the word "convenient," the following: "provided,
however, that in any magisterial district in which there are more
than thirty and less than tifty, it shall be the duty of the comman¬
dant to form them into a separate company; such company to have
but two company officers,, one 1st and one 2d lieutenant."
Mr. Haymond of Braxton moved to amend the ^amendment, by
80
journa'l of the
striking out the entire amendment, and inserting the following:
" provided, that they shall be so attached before said companies are
organized and officers electedand the question being oh agreeing
thereto, was put, and decided in the negative.
The question recurring on agreeing to the amendment, was put,
and decided in the affirmative.
Mr. Bouldin moved to amend the bill in the second section and
25th line, by striking out the word. " fifty," and inserting " more
than thirtywhich was agreed to.
Mr. Bouldin moved further to amend the second section, by stri¬
king out the words " to the companies most convenient," and to in¬
sert " to such companies not having the maximum number, as they
may severally select;" and the question being on agreeing thereto,
was put, and decided in the affirmative.
Mr. Irving moved to amend the section as amended, by striking
out the following: " If in any district there are not more than
thirty persons subject to enrollment, the magistrates shall report the
names of those enrolled to the commandant of the county, and he
shall attach them to such companies not having the maximum num¬
ber, as they may severally select: provided, however, that in any
magisterial district in which there are more than thirty and less than
fifty, it shall be .the duty of the commandant to form them into a
separate company; such company to have but two company officers,
one 1st and one 2d lieutenant," and inserting in lieu thereof the fol¬
lowing : " If in any district there are not fifty persons subject to en¬
rollment, the magistrates shall report the names of those enrolled to
the magistrates of such magisterial districts, as they may severally
select, and they shall be regarded in all respects as enrolled in the
district to which they are so reported."
Mr. Buford moved to amend the amendment, by striking out the
entire amendment, and inserting the following: "If in any district
there are not thirty persons subject to enrollment, the magistrates
shall distribute them among the neighboring districts most conve¬
nient" ; and they shall be organized into the companies of such dis¬
tricts : provided, that if there be thirty and less than fifty such per¬
sons in any district, they shall be organized into a separate company;
to have but two company officers, one 1st and one 2d lieutenant;"
and the question being on agreeing thereto, Mr. Haymond of Marion
demanded the previous question ; which was sustained by the house;
and being put, was decided in the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Irving, was put, and decided in the negative.
On motion of Mr. Deane, the house adjourned until to-morrow,
11 o'clock.
house of delegates.
81
THURSDAY, October 1, 1863.
Prayer by Rev. Dr- Read of the Presbyterian church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Sept. 30, 1863.
The senate have passed house bill entitled :
An act to amend and re-enact the 3d section of an act to incorpo¬
rate the James river canal packet company, passed March 16th, 1860,
No. 8.
And they have passed a bill entitled:
An act to repeal so much of the act passed February 15th, 1853,
as exempts the white male citizens of the county of King George, of
forty-five years apd upwards, from working on the public roads in
that county, No. 29.
In which bill they respectfully request the concurrence of the
house of delegates. •
Mr. Ward presented the petition of the trustees of Watsontown,
commonly called Capon springs, asking that they may be authorized
to sell certain property vested in them; which, on his motion, was
referred to a select committee.
The Speaker announced the following committee: Messrs. Ward,
Magruder, Monroe, Williams and Walton.
No. 18. A senate bill entitled an act to amend the act passed Feb¬
ruary 13th, 1862, entitled an act to amend section 14 of-chapter 163
of the Code, in relation to the removal of the records and papers of
courts, was read a first, second and third times and passed.
Ordered, that 'the clerk inform the senate thereof.
No. 29. A senate bill entitled an act to repeal so much of the act
passed February 15th, 1863, as exempts the white male citizens of
the county of King George, of forty-five years and upwards, from
working on the public roads in that county, was read a first and
second times, and referred to the committee of propositions and
grievances.
No. 13. A senate bill entitled an act to amend the 1st, 2d, 3d,
4th, 5th, 13th, 14th and 16th sections of chapter 21; the 27th sec¬
tion of chapter 23, and the 10th section of chapter 66 of the Code
of Virginia (edition of 1860), so as to increase the salaries of certain
officers of the government, was read a first and second times.
Mr. Cowan moved that the bill be read again this day.
Mr. Tomlin moved that the bill be laid on the table. Pending
the consideration of which, the hour having arrived for the considera¬
tion of the order of the day,
No* 19. A senate bill entitled an act to reorganize the militia,
being the order of the day, was taken up,
Mr. Holden moved to amend the 2d section of the bill, by striking
out the entire section, and inserting the following:
"§ 2. Regimental, battalion and company districts are hereby
abolished, and the enrollment and organization of t^ie state forces
11
82
JOURNAL OF THE
shall hereafter be made by counties, cities and towns, and by magis¬
terial districts. On the 24th day of October 1 863 the magistrates of
each magisterial district, except those in cities and towns electing
their own justices, and those in the counties herein after specified,
shall assemble in their respective districts. Any two or more may
act, and shall appoint three persons, justices of the peace, or others,
to superintend the enrollment of the state forces at each precinct.
The said magistrates shall at the same time designate some point of
assembly in the district for the purpose of organization, and shall
cause notice of the same, and of the day fixed by this act for the
organization of the state forces, to be posted at each election pre¬
cinct in the district, at an early hour on the day of enrollment. On
the 31st day of October 1863, all white males between the ages of
sixteen and fifty-five years, whether temporary residents or not, shall
assemble, between the hours of 10 A. M. and 5 P. M., at the election
precincts in their respective districts, and shall enroll themselves
under the supervision of the persons appointed to make the enroll¬
ment. The rolls shall specify the nanies and ages of the persons en¬
rolled. It shall be the duty of the magistrates to ascertain all per¬
sons delinquent in enrolling themselves, either at the first or subse¬
quent enrollments, and to report them to the commandant of the
county. If in any district there are not fifty persons subject to en¬
rollment, the magistrates shall report the names of those enrolled to
the commandant of the county, and he shall attach them to the com¬
panies most convenient, or add a sufficient number from adjacent dis¬
tricts to make the minimum number. But in squad drills they shall
not be taken out of their own districts, nor in company drills, oftener
than four times a year."
The question being on agreeing thereto, was put, and decided in
the negatiye.
Mr. James moved to amend the 3d section of the bill, by adding
after the word ."company" the words "who shall hold their offices
until the company shall assemble for the purpose of being mustered
into service, when there shall be a reorganization, and the captain
and first and second lieutenants elected by the members of the com¬
pany."
Mr. Kenney moved to amend the amendment, by striking out the
entire amendment, and inserting "such officers to act as such until
a majority of such company may be present;" and the question being
on agreeing thereto, was put, and decided in the negative. The
question recurring on agreeing to the amendment, Mr. Haymond of
Marion demanded the previous question; which was sustained by the
house; and being'put, was decided in the negative.
Mr. Haymond of Marion moved to amend the bill in the third sec¬
tion, by adding at the end thereof the following: "provided, that the
regiment organized in the city of Richmond for local defence shall be
a part of the state forces, and retain its present organization; but any
member of such regiment above the maximum age prescribed in this
act, may withdraw therefrom;" and the question being on agreeing
thereto, was pwt, and decided in the affirmative.
HOUSE OF DELEGATES.
83.
Mr. Coke moved to amend the 3d section of the bill, by striking
out the words "and if it be found that a majority of the persons
assigned to a company are not present, the magistrates shall appoint
the officers of such company;" and the question being on agreeing
thereto, Mr. Haymond demanded the previous question; which was
sustained by the house; and being put, was decided in the affirma¬
tive—Ayes 72, noes 2S.>
Orl motion of Mr. Coke, the vote was recorded as follows:
Ayes—Messrs. Sheffey '(speaker), Baker, Bouldin, Bowen, Brooke, Buford, Burr, Butler,
Coke, Cox, Cummings, Custis, Deane, Deyerle, Dickey, Douthat, Draper, Edwards, Evans,
Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goodall, Goodykoontz, T. S. Haymond, Hen-
drick, Hiett, Hoge, Horton, Hutcheson, Irving, James, J. B. Johnson, Jones, Jordan, Kauf¬
man, Kenney, Kindrick, Linkous, Magruder, McElroy, McKinney, McMillan, Melvin, Mil¬
ler, Monroe, Morgan, Mullens, JR. E. Nelson, Nighbert, Patterson, Pretlow, Powell, Reicl,
Robertson, J. A. Robinson, Rust, D. J. Saunders, F. Saunders, Shelton, Staples, Tomlin,
Tredway, J. C. Walker, Walton, Ward, N. W. White, R. J. White, Winston and Wor-
sham—72.
Noes—Messrs. Ambers, Anderson, Bland, Bowles, Branch, Chalmers, Cresap, Crockett,.
Duval, Fleming, L. D. Haymond, Herndon, Holden, W. Johnson, Keiley, Lurty, Lynch,
Meade, Pitman, Richardson, Riddick, Rixey, Rutherfoord, Sherrard, Stewart, T. W. Ta/lor,
Williams and Woodley—28f .
Mr. Bouldin moved to amend the bill in the 3d section, 7th line,-
by adding thereto after the word "other," "but no company ofj.ess
than fifty men, rank and file, shall bp organized in ahy, magisterial,
district containing fifty enrolled men;", .a,ltd .the....question being ;on
agreeing thereto., was put, and decided in the pffir.rqative.,
Mr. Bouldin moved further to amend' the bill in the 3d section*-
by adding after the word "company," in the 12th .line, thenvoi$s^
"containing not less than fifty men. Companies containing less than,
that number shall elect one first and one second lieutenant;" and the
question being on agreeing thereto, was put, and decided in-the-
affirmative.
Mr. Haymond of Marion moved to amend the '4th section of the
bill relating to vacancies and unfitness for office, by striking there¬
from the following:
" But if any person chosen to be a commissioned officer is alleged
to be unfit for the position, the commandant of the county shall as¬
semble a board of three commissioned officers of other companies,
who shall enquire into the alleged unfitness, examine the party,*
and report to the commandant their opinion thereon. If the
report be adverse to the party elected, the. commandant shall order
another election ; and if any unfit person be a second time elected,
the commandant shall recommend to the governor some suitable per-fc
son for the "position. The person so recommended shall be commis¬
sioned, unless the governor disapprove of sych recommendation. In
which case, be may require another to be made; and in case of a
second disapproval, may fill the vacancy;" and the question being on
agreeing thereto, was put, and decided in the negative.
Mr. Worsham moved an adjournment; and the question being on
agreeing thereto, was put, and decided in the negative—Ayes 41,
noes 57.
On motion of Mr. Anderson, the vote was recorded as follows :
Ayes—Messrs. Sheffey (speaker), Ambers, Bland, Bowles, Brooke, Butler, Chalmers,
84
JOURNAL OF THE
Coke, Cox, Crawford, Cresap, Goodall, Hall, L. D. Haymond, Herndon, Hoge, Huntt,
Hutcheson, W. Johnson, Jones, Kaufman, Keiley, Lynch, Magruder, Marye, McCue, Mc-
Cutchen, Monroe, R. E. Nelson, Pitman, Richardson, Riddick, Rixey, J. A. Robinson,
D. J. Saunders, Sherrard,.Tibbs, Tomlin, Walton, Woodley and Worsham—41.
Noes—Messrs. Anderson, Baker, Bouldin, Bowen, Branch, Buford, Burr, Crockett, Cum-
mings, Custis, Deyerle, Dickey, Douthat, Draper, Duval, English, Fleming, Flood, A. Fry,
W. O, Fry, Goodykoontz, T. S. Haymond, Hendrick, Hiett, Holden, Horton, Irving, James,
J. B. Johnson, Jordan, Kenney. Kindrick, Lively, McElroy, McNeil, Meade, Morgan, Mul-
.lens, Nighbert, Patterson, Pendleton, Reid, Robertson, Rutherfoord, F. Saunders, Scott,
Shackleford, Shelton, Staples, Stewart, T. W. Taylor, Tredway, N. W.White, R.J. White,
Winn, Winston and Wright—57.
On motion of Mr. Buford, the chair was vacated until 8 o'clock P. M.
EVENING SESSION.
No. 19. A senate bill entitled an act to reorganize the militia, be¬
ing the order of the day, was taken up.
Mr. Deyerle moved to amend the bill in the fifth section, relating
to commandants of counties, by adding after the word " comman¬
dant," in the 26j£h line, the following: " except when two or more
such officers.are to be chosen at ope time; then the governor may
select from the whole number herein before directed to be nominated
by said courts, councils or legislative bodiesand the question being
on agreeing thereto, Mr. Gilmer demanded the previous question;
which was sustained by the house; and being put, was decided in
the negative.
Mr. Hutcheson moved to amend the bill in the 7th line, by
striking out the word " two," and inserting " one" (the effect being
to limit the nomination of one person by the county courts, &c.);
and the question being on agreeing thereto, Mr. Miller demanded
the previous question ; which was sustained by the house; and be¬
ing put, was decided in the affirmative.
Mr. Buford moved to amend the bill in the 5th section, by stri¬
king out the following words: "all such appointments shall be sub¬
mitted for confirmation to the senate, if in* session, and if not, they
shall be submitted to that body on the first day of its next session;"
and the question being on agreeing thereto, Mr. Mathews demanded
<the previous question; which was sustained by the house; and being
put, was decided in the affirmative.
On motion of Mr. White of Brooke, the house adjourned until to¬
morrow 11 o'clock.
FRIDAY, October 2, 1863.
Prayer by Rev. Dr. Read of the Presbyterian church.
A conmiunication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 1. 1863.
The senate have passed house bill entitled :
An act for the relief of William E. Gaskins and James H. Gaskins,
No. 14.
HOUSE OF DELEGATES.
85
And they have passed with amendment house bill entitled:
An act to fncrease jailors' fees for keeping arid supporting pri¬
soners, No. 3.
They have passed bills entitled :
An act incorporating the Virginia volunteer navy company, No. 12.
An act to provide for the payment of certain claims against the
Eastern lunatic asylum, No. 22.
An act to repeal so much of the ordinance of the convention of
April 24th, 1861, as provides for a pay department of Virginia
forces, No. 28.
In which amendment and bills they respectfully request the con¬
currence of the house of delegates.
The amendment proposed by the senate to bouse bill entitled an
act to increase jailors' fees for keeping and supporting prisoners, was
agreed to—Ayes 84, noes 6.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, •Bouldin, Buford, Burr,
Butler, Chalmers, Coke, Cowan, Crawford, Cresap, Crockett, Cummings, Deyerle, Dickey,
Douthat, Draper, Duval, Edwards, English, Fletcher, Flood, A. Fry, W. O. Fry, Gilmer,
(Jnodall, Goodykoontz, Harris, L. D. Haymond, T. S. Raymond, Hendrick, Herndon,
Hiett, Hoge, Holden, Horton, Huntt, Hutcheson, Irving, James, X B. Johnson, Jones,
Jordan, Kaufman, Keiley, Kenney, Lively, Lynch, Magruder, Mathews, McCue, McElroy,
McMillan, Melvin, Mullens, Murdaugh, R. E. Nelson, Richardson, Riddick, Rixey, I. Robin¬
son, J. A. Robinson, Rus(\ Rutlierfoord, D. J. Saunders, Scott, Shackleford, Shelton, T.
W. Taylor, Thompson, Tibbs, Tredway, J. C. Walker, Ward, N. W. White, Williams,
Winn, Winston, Woodley, Woolfolk, Worsbam and Wright—84.
Noes—Messrs. W. Johnson, Kindrick, Miller, Morgan, Patterson and Tomlin—6.
No. 12. A senate bill entitled an act incorporating the Virginia
volunteer navy company, was read a first and second times, and re¬
ferred to the committee of propositions and grievances.
No. 22. A senate bill entitled an act to provide for the payment
of certain claims against the Eastern lunatic asylum, was read a. first
and second times, and referred to the committee on lunatic asylums.
No. 28. A senate bill entitled an act to repeal so much of the or¬
dinance of the convention of April 24th, 1861, as provides for a pay
department of Virginia forces, was read a first and second times, and
referred to the committee on finance.
Mr. Rutiierfoord, from the committee for courts of justice, to
whom had been referred a resolution enquiring into the expediency
of so legislating as more effectually to prevent the growing crime of
horse stealing, presented a report, that it was inexpedient to legislate
on the subject.
Mr. Rutherfoord, from the same committee, to whom had been
referred a resolution enquiring into the expediency of excluding cer¬
tain residents of the state from the rights of citizenship, presented a
report; which, on his motion, was recommitted.
Mr. Magruder, from the committee of propositions and griev¬
ances, to whom had been referred a resolution as to the expediency
Of employing male convicts in the penitentiary in the coal pits, pre¬
sented a report, asking that the committee be discharged from the
consideration of the subject, and that the same be referred to the
committee on the penitentiary.
On motion of Mr. Haymond, the report was laid on the table.
86
JOURNAL OF THE
Mr. Buford, from the committee on banks, to whom had been re¬
ferred a resolution enquiring into the expediency of Authorizing the
banks to redeem their issues in confederate notes, presented a report,
asking to be discharged from the further consideration of the sub¬
ject.
Mr. Ward, from the select committee, presented the following
bill:
No. 43. A bill for the sale of Capon springs; which was read a
first time, and'two-thirds concurring, read a second time, and ordered
to be engrossed and read a third time.
Mr. Anderson, from the select committee on extortion, presented
the following bill:
No. 44. 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; which was read a first time, and ordered to
be read a second time.
No. 13. A senate bill entitled an act to amend the 1st, 2d, 3d,
4th, 5th, 13th, 14th and 16th sections of chapter 14; the 14th sec¬
tion of* chapter 21; the 27th section of chapter 23, and the 10th
section of chapter 66 of the Code of Virginia (edition of 1860), so
as to increase the salaries of certain officers of ^he government, was
read a second time, and on motion of Mr. Jones, referred to the com¬
mittee on finance.
On motion of Mr. Burwell,
Resolved, that the committee on military affairs be instructed to
enquire into the expediency of increasing the appropriation for the
support of the Virginia military institute.
On motion of Mr. Burr,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending the charter of the Merchants
insurance company of the city of Richmond.
The hour having arrived for the consideration of the order of the
day,
No. 19. A senate bill entitled an act to reorganize the militia, being
the order of the day, was taken up.
Mr. Stewart moved to amend the 5th section, in the 37th line
thereof, by striking out the words "or within thirty days thereafter,"
(referring to the time of nomination of commandants .by county
courts), and inserting "within the time specified;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. Buford moved to amend the 5th section of the bill, by stri¬
king out the words "subject to ratification and confirmation by the
senate, as prescribed in this section," and inserting the following:
"but such appointments shall be submitted for confirmation to the
senate, if in session; and if not, they shall be submitted to that body
on the first day of its next session" (the effect being to require an
appointment made by the governor to be confirmed by the senate);
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. James moved to amend the 5th section, by striking out all of
HOUSE OF DELEGATES.
87
the section from the commencement thereof, down to the word
"courthouses," in the 7th line, and inserting "at the first county
courts held in all the counties' of the commonwealth after the com¬
panies therein have been organized under this act, the justices of
every county having three or more companies of state forces, and at
the first meeting of the council or other legislative body of every
city or town, after the companies therein have been organized under
this act, having three or more companies of state forces, .the said
justices or council, as the case may be, shall nominate to the go¬
vernor;" and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Marye,
Resolved, that while the senate bill entitled an act to reorganize
the militia is under consideration by this house, no member shall
speak longer than five minutes, nor more than once upon any ques¬
tion touching the same, and that all debate upon said bill and amend¬
ments shall cease on the day of the present month, excepting
only that the chairman of the military committee shall be allowed to
make explanations touching any questions arising during the con¬
sideration of said bill, not exceeding five minutes upon any such
question.
Mr. Walton moved to amend the 5th section, by adding thereto
the following: j'provided, that such appointment shall not be made
in any county, city or town in which the operation of this act shall
be suspended by the governor under the 37th section, until thirty
days after the removal of such suspension, and notice thereof to the
presiding or some other justice of said county, or the mayor of said
city or town;" and the question being on agreeing thereto, was
put, and decided in the affirmative.
Mr. Brooke moved to strike out the 10th section of the bill, and
to insert the following:
"Every person failing to enroll as directed in the 2d, 9th, 28th and
29th sections of this act, shall, unless excused therefor by the regi¬
mental or battalion board, be fined not more than ten dollars per diem,
and be subject to such additional.military service in the field or other¬
wise as the regimental or battalion board may prescribe, not exceed¬
ing five days for every day's delinquency."
The question being on agreeing thereto, Mr. Anderson demanded
a division of the question; which was agreed to.
The question being on striking out, was put, and decided in the
negatiye—Ayes 36, noes 58.
On motion of Mr. Anderson, the vote was recorded as follows:
AVES—Messrs. Sheffey (speaker), Brooke, Buford, Cox, Cresap, Cummings, Custis,
Draper, Edwards, Fletcher, A. Fry, Goodykoontz, Harris, T. S. Haymond, Hiett, Hoge,
Irving, J. B. Johnson, Jones, Kaufman, Kenney, Kindrick, Magruder, McElroy, Monroe,
R. E. Nelson, Patterson, Pretlovv, Riddick, J. A. Robinson, D. J. Saunders, Shelton, Sher-
rard, Staples, Tredway, J. C.Walker, Walton, Ward, N. W. White, Winn, Winston and
Woolfolk—36.
Noes—Messrs. Ambers, Anderson, Baker, Bland, Bowen, Bowles, Branch, Butler, Bur-
well, Chalmers. Crawford, Crockett, Deyerle, Dickey, Douthat, Duval, English, Fleming,
Flood, W. O. Fry, Goodall, L. D. Haymond, Herndon, Holden, Horton, James, W.'John¬
son, Jordan, Linkous, Lively, Lynch, Mathews, McCue, McMillan, Morgan, Mullens, Nigh-
bert, Pitman, Reid, Richardson, Robertson, I. Robinson, Rowan, Rutherfoord, F. Saunders,
88
JOURNAL OF THE
Scott. Shackleford, Smith, Stewart, T. W. Taylor, Thompson, Tibhs, R. J. White, Williams,
Woodley and Worsham—58.
Mr. Irving moved to amend the bill in the 11th section, by ad¬
ding in the 11th line the words " or for such physical disability as
will render him unable to perform duty in such forces;" and the
question being on agreeing thereto, was put, and decided in the affir¬
mative.
Mr. Deyeele moved to amend the 11th section, by adding thereto
the following: " provided, that the surgeon or assistant shall be one
of said number for the examination of all cases of bodily infirmity;"
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Walton moved to amend the 11th section (in relation to re¬
examination for exemption), by inserting "provided, that no such re¬
examination shall be made in cases where the disability has been de¬
clared permanent by a board constituted under the act of the gene¬
ral assembly of 1862, or by a confederate board of exemption ;" and
the question being on agreeing thereto, was put, and decided in the
negative.
On motion of Mr. Haymond of Marion, the house adjourned until
to-morrow, 11 o'clock.
SATURDAY, October 3,1863.
Prayer by Rev. Dr. Read of the Presbyterian church.
A communication from the senate,, by their clerk, was read as
follows:
In Senate, Oct. 2, 1863.
The senate have agreed to the resolution from the house of dele¬
gates for adjournment of the general assembly.
They have passed house bill entitled:
An act authorizing special terms of the circuit courts to be held
to carry into effect the provisions of the law to prevent the unlawful
distillation of whiskey or other spirituous or malt liquors, No. 7.
And have passed with amendments house bill entitled :
An act to amend and re-enact the twenty-eighth section of chapter
fifty-two of the Code of Virginia (edition of 1860), No. 22.
They have also passed bills.entitled:
An act declaring what contracts shall be payable in currency,
No. 15.
An act to abolish the auditing board, and to provide for the settle¬
ment of all claims remaining unsettled by said board, No. 24.
An act to authorize the transfer of causes from courts which can¬
not be held by reason of the presence or proximity of the public
enemy, to other circuit courts not so situated, No. 25*
In which amendments and bills they respectfully request the con¬
currence of the house of delegates.
HOUSE OE DELEGATES.
89
The amendments proposed by the senate to house bill entitled an
act to amend and re-enact the 28th section of chapter fifty-two of
the Code of Virginia (edition of 1S60), were agreed to.
Ordered, that the clerk inform the senate thereof.
No. 15. A senate bill entitled an act declaring what contracts shall
be payable in currency, was read a first and second times, and refer¬
red to the committee on finance.
No. 24. A senate bill entitled an act to abolish the auditing board,
and to provide for the settlement of all claims remaining unsettled
by said board, was read a first and second times, and referred to the
committee on finance.
No. 25. A senate bill entitled an act to authorize the transfer of
causes from courts which cannot be held by reason of the presence
or proximity of the public enemy, to other circuit courts not so
situated, was read a first and second times, and referred to the com¬
mittee for courts of justice.
Mr. Rutherfoord, from the committee for courts of justice, pre¬
sented the following bills:
No. 45. A bill amending the first section of the third chapter of
the Code of Virginia, defining citizenship.
No. 46. A bill to amend and re-enact section 4 of an act entitled
an act to provide for the trial of persons charged with offences com¬
mitted in counties in the possession of the enemy or threatened with
immediate invasion, passed March 27th, 1863; which last bill was
read a first time, and ordered to be read a second time.
Mr. Kaufman, from the committee of propositions and grievances,
presented thcfollowing bill:
No. 47. A bill to amend the charter of the Merchants insurance
company of the city of Richmond.
Mr. Robertson, from the committee on confederate relations, to
whom had been referred a resolution in relation to the purchase of
real estate by certain persons, presented a report, asking to be dis-»
charged from the further consideration of the subject, and that the
same be referred to the committee for courts of justice; which was
agreed to.
Mr. Haymono, from the committee on the penitentiary, presented
the following bill:
No. 48. A bill to provide for the sale of certain slaves now in the
penitentiary; which was read a first time, and ordered to be read a
second time. i
Mr. Johnson of Barbour, from the committee on agriculture and
manufactures, presented the following bill:
No. 49. A bill for the protection of sheep, and to increase the
growth of wool.
Mr. Baker* from the joint committee on the library, presented a
report; which, on his motion, was laid on the table and ordered to
be printed. Doc. No. 9.
No. 7. A senate bill entitled an act to amend the act passed Feb¬
ruary 13th, 1863, entitled an act amending and re-enacting the 1st
and 2d sections of an act entitled an act to repeal the fence law of
12
90
JOURNAL OF THE
Virginia as to certain counties, and to authorize the county courts to
dispense with enclosures in other counties, passed October 3d, 1862,
and to legalize the action of county courts held under said law, was
taken up, on motion of Mr. Tomlin, on its second reading.
The bill was then amended, and as amended read a third time and
passed.
Ordered, that the clerk cQmmunicate\the same to the senate, and.
request their concurrence.
No.' 40. A bill for the relief of the indigent soldiers of the state
of Virginia who have been or may be disabled in the military service,
and the widbws and minor children of soldiers who have died or may
hereafter die in said service, and of the indigent families of those now
in the service, was taken up, on motion of Mr. Shackleford,. and
read a second time.
The bill was then amended. Pending the consideration of which,
on motion of Mr. Shackleford, the bill was laid on the table and
made the order of the day for Monday next at 11J o'clock.
On motion of Mr. Deane, . •
Resolved, that the committee on the penitentiary enquire into the
expediency of hiring the male free negro and slave convicts confined
in the penitentiary to colliers in the counties of .Goochland, Powha¬
tan and Chesterfield.
The hour having arrived for the consideration of the order of the
day,
No. 19. A senate bill entitled an act to reorganize the militia, was
taken up.
Mr. Anderson moved to amend the 14th section (relating to fines),
by inserting in the 2d line, after the words " fines not exceeding one
hundred dollars," the words " and imprisonment, not exceeding one
month." jf
Mr. Buford moved to amend the amendment, by striking out the
entire amendment, and inserting " an extra -tour of duty as patrols,
guards or laborers;" and the question being on agreeing thereto, Mr.
Brooke demanded the previous question; which was sustained by
the house; and being put, was decided in the negative.
The question recurring on agreeing to the amendment, was put,
and decided in the negative—Ayes 11, noes 85.
On motion of Mr. Brooke, the vote was recorded as follows:
Avus—Messrs. Anderson, Buffing-ton, Goodall, Herndon, Nighbert, Pitman, Richardson,
Rutherfoord, Tibbs, Tomlin and Woodley—11.
Nobs—Messrs. Sheffey (speaker), Ambers, Baker, Bowen, Bowles, Brooke, Buford, Burr,
Butler, Burwell, Chalmers, Cox, Crawford, Cresap, Crockett, Cummings, Deane, Deyerle,
Dickey, Draper, English, Fleming, Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goody-
koontz, Hall, Harris, L. D. Haymoud, T. S. Haymond, Hiett, Hoge, Horton, Huntt, Irving,
James, J. B. Johnson, W. Johnson, Jones, JordaD, Kaufman, Keiley, Kenney, Kindrick,
Linkous, Lively, Mathews, McCue, McElroy, McKiuney, McMillan, Miller, Monroe, Mor¬
gan, Mullens, P&rramore, Patterson, Pretlow, Powell, Reid, Rixey, Robertson, Rust, D, J.
Saunders, F. Saunders, Scott, Shackleford, Shelton, Smith, Staples, T. W. Taylor, Thompson,
Tredway, J. C. Walker, Walton, Ward, N. W. White, R. J. White, Williams, S. M. Wilson,
Winn, Winston and.Woolfolk—85.
Mr- Morgan moved to amend the bill, by striking out in the 15th
section the following words: " Interruptions from bystanders on drill
or parade, or during any discharge of duty, may be punished by a
HOUSE OF DELEGATES.
91
fine not exceeding two hundred dollars, and by arrest and confine¬
ment during the remainder of the dayand the question being on
agreeing thereto, was put, and decided in the affirmative.
Mr. Cummings moved to amend the 3 5th section, by striking out
the clause of the bill directing the payment of expenses by county
levies, and inserting "out of any money in the treasury not other¬
wise appropriated and the question being on agreeing thereto, was
put, and decided in the affirmative.
Mr. Kenney moved to strike out from the 16th section the fol¬
lowing: " The state forces shall be governed by the Army Regula-
tions of the. Confederate States, so far as the same are applicable, and
when on duty shall be under military law from the date of the order
assembling them until they are discharged, and shall be governed
by the articles of war of the Confederate States, so ,far as the said
articles are applicable," and to insert " The state forces shall, from
the day on which they are required to be assembled, and until dis¬
charged,-be governed by the Army Regulations and the articles of
war of the Confederate States, as far as the same are applicable."
The question being on agreeing thereto, Mr. Anderson demanded
a division of the question; which was agrehd to; and the question
being on striking out, was put, and decided in the affirmative.
Mr. Cummings moved to amend the amendment, by striking out
all thereof, and inserting " The state forces, when in actual service,
shall be governed by the Army Regulations and by the articles of
war of the Confederate States, so far as the same are applicable;"
and the question being on agreeing thereto, was put, and decided in
the affirmative. The amendment as amended was then agreed to.
A message was received from the senate by Mr. Collier, 'who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to incorporate the Firfe and hose insurance company
of the city of Petersburg, with amendments: in which they respect¬
fully requested the concurrence of the house of delegates;
On motion of Mr. Walker, the house adjourned until Monday,
11 o'clock.
MONDAY, October 5, 1863.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 3, 1863.
The senate have passed bills-entitled:
' An act to amend and re-enact the first section of chapter SO of the
Acts of 1861-2, entitled an act to provide* for the trial of persons
charged with offences committed in Counties in the possession of the
enemy or thieatened with immediate invasion, passed March 27th,
1862, and to repeal the act amending the same, passed October 4th,
1862, No. 25.
92
JOURNAL OF THE
An act requiring rail road and canal companies to transport troops
and munitions of war without the right to demand prepayment of
fare, No. 27. ' *
In which they respectfully request the concurrence of the house of
delegates.
No. 2-5. A senate bill entitled an act to amend and re-enact the
first section of chapter 80 of the Acts of 1861-2, entitled an act to
provide for the trial of persons charged with offences committed in
counties in the possession of the enemy or threatened with immediate
invasion, passed March 27th, 1862, and to repeal the act amending
the same, passed October 4, 1S62, was read a first and second times,
and referred to the committee for courts of justice.
No. 27. A senate bill entitled an act requiring rail road and canal
companies to transport troops and munitions of war without the
right to demand prepayment of fare, wds read a first and second
times, and referred to the committee of roads and internal navigation.
The amendments proposed by the senate to No. 16, a house bill
entitled an act to incorporate the Fire and hose insurance company
of the city of PeteVsburg, were taken up, and on motion, laid on the
table.
Mr. Anderson, from the committee on military affairs, to whom
had been referred the petition of Messrs. Elam, Gray, Brightwell and
others, asking that tobacco inspectors be exempted from military
duty, presented an adverse report thereon.
Mr. Anderson, from the same committee, to whom had been re¬
ferred a resolution enquiring into the expediency of doing nothing to
weaken the efforts- of the confederate government, presented a re¬
port, asking to be discharged from *the further consideration of the
subject.
Mr. Kaufman, from the committee of propositions and grievances,
to whom had been referred
No. 12. A senate bill entitled an act incorporating the Virginia
volwnteer navy company; and
No. 29. A senate bill entitled an act to repeal so much of the
act passed February 15, 1853, as exempts the whole male citizens of
the county of King George, of forty-five years and upwards, from
working on the public roads in that county, reported the same with¬
out amendment.
Mr. Raymond, from the committee on finance, presented the fol¬
lowing bill:
No. 50. A bill amending and re-enacting the'6th, 7th, 9th and
10th sections of the 14th chapter of the Code of Virginia (edition of
I860).
Mr. Haymond, from the .same committee, to whom had been re¬
ferred the following bills, reported the same without amendment:
No. 13. A senate bill entitled an act to amend the 1st, 2d, 3d, 4th,
5th, 13th, 14th and 16th sectiohs of chapter 14; the 14tli section of
chapter 21; the 27th section of chapter 23, and the 10t,h section of
chapter 66 of the Code of Virginia, (edition of 1S60), so as to in¬
crease the salaries of certain officers of the government.
HOUSE OF DELEGATES.
93
No. 15. A senate bill entitled an act declaring what contracts shall
be payable in currency.
Mr. Haymond, from the same committee, to whom had been re¬
ferred
No. 24. A senate bill entitled an act to abolish the auditing board,
and to provide for the settlement of all claims remaining unsettled by
said board, reported the same with an amendment.
Mr. Haymond, from the same committee, to whom had been re¬
ferred
No. 28. A senate bill entitled an act to repeal so much of the or¬
dinance of the convention of April 24th, 1861, as provides for a pay
department of Virginia forces, presented a report asking to be dis¬
charged from the further consideration of the bill, and that the same
be referred to the committee on military affairs; which was agreed to.
On motion of Mr. Saunders of Richmond,
Resolved, that the committee on confederate relations be requested
to enquire into the expediency of reporting by bill or otherwise some
measure to induce or prevent the confederate authorities from the
impressment of articles on their way to market, actually necessary
for the support of the people of the cities of the commonwealth.
On motion of Mr. Edwards,
Resolved, that the committee on banks enquire into the expediency
of requiring the banks to receive deposits from all citizens of this
state who may propose so to deposit.
On motion of Mr. Irving,
Resolved, that it be referred to the committee on military affairs
to consider and report by bill or otherwise on the expediency of
forming military districts of such counties and towns as, by their
local relations to each other and their common exposure to raids from
any particular direction, should especially co-operate with each other
in their common defence, or in the defence of any public work of
great importance located within their boundaries, and of providing
for the appointment of a military commandant for each of such dis¬
tricts, charged with the duty of defending his district from invasion
or raids of the enemy, and clothed with power "to concentrate the
forces of his district, and make proper dispositions for its defence,
and to keep pickets and scouts on the lookout in threatened locali¬
ties, to give timely notice of the approach of any raiding party of
the enemy, with such other provisions as the commandant may deem
necessary to perfect the scheme indicated by this resolution.
Mr. Pretlow presented the following resolution; which being
objected to, was laid over under the rule:
Resolved, that a committee of three be appointed by this house to
wait upon the governor of this commonwealth, and ask him to make
known to the citizens of Virginia, by proclamation or otherwise,
their rights under the impressment law of the Confederate States,
and their course of procedure for illegal seizures of .their property.
No. 40. A bill for the relief of the indigent soldiers of the state
of Virginia who have been or may be disabled in the military ser¬
vice, and the widows and minor children of .soldiers who have died
94*
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or may hereafter die in skid service, and of the indigent families of
those now in service, being the special order of the'day, was taken
up.
The bill was then farther amended.
Mr. Winston moved to amend the bill, by striking out of the bill,
in the 4th section, the following words : " Any person shall be held
and deemed a speculator within the meaning of this act, who shall
purchase any of the necessaries of life for profit by resale, or who shall
purchase or hold the same when not needed for the consumption of
his or her family during the then ensuing 12 months."
Mr. Tomlin moved to amend the amendment, by striking out all
after the word " resale;" and the question being on agreeing thereto,
was put, and decided in the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Winston, was put, and decided in the negative—Ayes 41,
m es 52.
On motion of Mr. Tomlin, the vote was recorded as follows:
Ayrs—Messrs. Sheffey (speaker), Ambers, Brooke, Bryan, Buford, Butler, Cowan, Cox,
Crawford, Cumnrings", Deane, "Draper, English, Gilmer, Goode, Goodvkoontz, Harris, T. S.
Haymond, lliett,'Irving, Jones, Kenney, Kindriek, McCne, McKinney, McMillan, Miller,
Monroe, Nighbert, Pretlow, Reid, Rixey, Robertson, Shelton, Smith, Staples, Tomlin, Tred-
way, Winn, Winston and Woodley—41.
Noes—Messrs. Anderson, Bowen, Bowles, Burr, Burwell, Chalmers, Coke, Crc-ap,
Crockett, D;ekey, Duval, Fletcher, Flood, A. Fry, W. O. Fry, .Goodall, L. D Haymond,
Heudrick, Hoge, Holden, Horton, Huntt, James, J. B. Johnson, W. Johnson, Joidan,
Kaufman, Linlcous, Lively, Lurty, Mkthews, McKinney, Morgan, Mullens, Parramore, Pat¬
terson, Pitman, I. Robinson, Rowan, Rust, D. J. Saunders, Scott, Shackleford, Stewart,
T. W. Taylor, Thompson, Tibbs, J. C. Walker, Walton, N. W. White, R. J. White and
Williams—52.
Mr. Pendleton moved to amend the bill, by adding to the 4th
section, at the end thereof, the following:
"Where the confederate government has'an impressing" agent in
any county, it shall be the duty of'th'e county court,"in order to
prevent collision, at once to cause an estimate to be made of the
amount of supplies so needed by the persons mentioned in the 1st
and 3d sections, and also of the amount needed for such other resi¬
dents of such county as may not have supplies adequate to their
necessities, who shall make affidavit as to such deficiency. It shall
be the duty of the said county agent to report the aggregate amount
of said estimates to the impressing officer of the Confederate States
for said county, and endeavor so to arrange with- the said agent as
that a Sufficiency for the said purpose of the surplus products of said
county may be turned over by the confederate agent to the said
agent of the county court, who shall proceed to sell so much thereof
as may have been obtained for that purpose, at cost, to the persons
not mentioned in the first and third sections of this act, adding the
expenses of transportation and proper allowance for mortgage."
The question being on agreeing thereto, was put, and decided in
the affirmative.
Pending the further consideration of the bill,
On motion of Mr. Haymond, the house adjourned until to-morrow,
12 o'clock.
HOUSE OF DELEGATES.
95
TUESDAY, October 6, J 863.
E. D. Magcire, a delegate elected from the county of Wood, ap¬
peared, was qualified and took his seat.
Mr. Jones, from the committee of privileges and elections, pre¬
sented the following bill:
No. 51. A bill amending and re-enacting section 20, chapter 14 of
the Code of Virginia, giving additional mileage in currency to mem¬
bers of the general assembly.
Mr., Rutherfoord, from .the committee for courts of justice, to
whom had been referred
No. 25. A senate bill entitled an act to authorize the transfer of
causes from courts which cannot be held by reason of the presence
or proximity of the public enemy, to other circqit courts not so situ¬
ated, reported the same without amendment.
Mr. Anderson, from the committee on military affairs, presented
the following bill; which, on his motion, was read a first time, and
ordered to be read a second time : '
No. 52„ A bill declaring who shall be exempt from military service
under an act to organize the state forces.
No. 49. A bill for the protection of sheep and to increase the
growth of wool, was taken up, on motion of Mr. McCue, read a first
time, and ordered to be read a second time.
Mr. Pendleton submitted the following preamble and resolutions;
which were read, and on his motion, laid on the table:
Whereas the general assembly of Virginia'did, on the 17th day of
January 1862, adopt the following preamble and resolution: Whereas
the public enemy, invited by domestic foes, being in power in some
of the counties of Virginia, where they are confiscating the property
of loyal citizens, arfCfyotherwise oppressing them in a cruel manner;
and whereas the traitors there, contemplating a division of this time-
honored commonwealth, with the aid of the public enemy, have set
up a pretended government over the same, which, under the force of
circumstances, could not be prevented by the timely sending of ari
adequate military force: and whereas the legislature desires to reas¬
sure all loyal citizens throughout the commonwealth of their desire
and intention to protect them : Therefore,
Resolved by the senate and house of delegates, that in no event
will the state of Virginia submit to or consent to the loss of a foot
of her soil; that it is the firm determination of the state, and known
to be that of the confederate government, to assert and maintain the
jurisdiction and sovereignty of the state of Virginia to the uttermost
limits of her ancient boundaries, at any and every cost.
And whereas, since the passage of said resolution by the general
assembly, the. government of the United States, in pursuance of its
settled purpose to override and destroy the separate existence of the
states, has attempted to form a new state out of the state of Vir¬
ginia, in contravention alike of the constitution of the United States
and the constitution of the state of Virginia, and is upholding, by
96
JOURNAL OP THE
the power of her armies, certain evil disposed and traitorous citizens
of this state, who are leagued with the said United States in their
nefarioCis and wicked purposes against the peace, welfare, institutions
and integrity of Virginia; and whereas it is the fixed and unalterable
intention of Virginia to maintain and assert her prerogative, as set
forth in said resolution of the last general assembly, and approved by
the confederate congress, and to protect alike her citizens and her
soil from the machinations of traitors within and enemies without•»
Therefore,
Resolved by the senate and house of delegates, that Virginia main¬
tains, fixed and unalterable, the purpose and determination so clearly
set forth in the resolution of the last general assembly, and that this
general assembly cordially readopts and sanctions the same, and re-
declares alike to her citizens and the world, that it is "the firm deter¬
mination of the state, and known to be that of the confederate
government, to assert and maintain the jurisdiction and sovereignty
of the state of Virginia, to the uttermost limits of her ancient boun¬
daries, at any and every cost."
Resolved, that the governor be requested to present a copy of these
resolutions, properly certified, to the congress of the Confederate
States, to convene on the 22d of February 1S64, for their approval.
A message was received from the senate by Mr. Collier, wlm in¬
formed the house of delegates that the senate had agreed to a resolu¬
tion requesting the return of house bill entitled an act to incorporate
the Fire and hose insurance company of the city of Petersburg, No.
16, to the senate.
The request of the senate was agreed to.
Ordered, that Mr. Keiley carry the bill to the senate.
Subsequently, a message was received from the senate by Mr.
Collier, who informed the house of delegates that the senate had
passed with amendments, house bill entitled act to incorporate
the Fire and liose insurance company of the city of Petersburg, No.
16: in which amendments they respectfully requested the concur¬
rence of the house of delegates.
On motion of Mr. Brooke,
Resolved, that the committee for courts of justice enquire into the
expedieffcy of providing by law for the prompt publication of all
important acts of a general nature, in one or more of the newspapers
of this state, or in such other form as may in their opinion suffice to
give'information of such acts to the people of this commonwealth.
No. 40. A bill for the relief of the indigent soldiefs of the state
of Virginia who have been or may be disabled in the military service,
and the widows and minor children of soldiers who have died or may
hereafter die in said service, and of the indigent families of those now
in the service, being the unfinished business of yesterday, was taken
up, on motion of Mr. IShacklefokd.
The bill was then further amended in the 4th section, on motion
of Mr. Walton.
Mr. Robertson moved further to amend the bill, by striking there¬
from all that portion thereof giving the county courts the power oi
HOUSE OF DELEGATES.
97
impressment, as follows: "or if the said courts shall deem it prudent
and necessary, may authorize its agent or agents to impress, upon its
order, a stated quantity of necessaries for the persons and families
mentioned in the said 1st and -3d sections of this act, at prices not
exceeding those prescribed by the commissioners appointed for the
state of Virginia, under the act of the confederate congress regulating
impressments, preferring in said impressment articles in the hands of
persons who may have purchased the same for purposes of specula¬
tion; and said courts'shall have the authority to prescribe the articles
to be purchased, and to fix the compensation of the agent or agents,
and to adopt rules and regulations for the proper care of such articles
so purchased or impressed, and for the distribution of the same in
such quantities and in such manner as shall best conduce to^the relief
of the distress and wants of the persons and families mentioned in
the said 1st and 3d sections. Any person shall be held and deemed
a speculator within the meaning of .this act, who shall purchase any
of the necessaries of life for profit by resale, or who shall purchase
or hold the same when not needed for the consumption, of his or her
family and the question being on agreeing thereto, Mr. Haymond
demanded the previous question ; which was sustained by the house;
and being put, was decided in the negative—Ayes 30, noes 68.
On motion of Mr. Haymond, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Bowen, Buford, Crockett, Cummings, Deane,
Draper, English, Goode, Goodykoontz, Graham, Harris, Horton, Irving, Kenney, Kindrick,
Marr, McCue, Monroe, Patterson, Pretlovv, Rixey, Robertson, D. J. Saunders, Smith, Tred-
way, Winn, Winston and Woodley—30.
Noes—Messrs. Anderson, Barksdale, Bland, Bowles, Brooke, Burnett, Burr, Butler,
Burwell, Chalmers, Coke, Cowan, Cox, Crawford, Cresap, Dickey, Duval, Edwards, Flood,
A. Fry, W. O. Fry, Gilmer, Goodall, L. D. Haymond, T. S. Haymond, Hendrick, Hoge,
Holden, Huntt, James, J. B. Johnson, W. Johnson, Jordan, Kaufman, Keiley, Lively,
Maguire, Mathews, McElroy, McKinnCy, McMillan, Melvin, Morgan, Mullens, R. E. Nel¬
son, Nighbert, Pendleton, Pitman, Reid, Richardson, I. Robinson, Rowan, Rutherfoord,
Scott, Shackleford, Sberrard, Staples, Stewart,' R. F. Taylor, T. W. Taylor, Thompson,
Tomliu, J. C. Walker, WaLtom, Ward, N. W. White, R. J. White and Williams—68.
Mr. Pendleton moved to amend the bill in the 4th section as
amended, by adding thereto the following: "provided, that when
the owner of property impressed is dissatisfied with the price, he
may appeal to the county court, whose decision shall be final; but
the agent may take possession of the property impressed immediately
on the appeal being taken;" and the question being on«agreeing
thereto, was put, and decided in the affirmative.
Mr. Buford moved further to amend the 4th section as amended,
by adding thereto the following: "provided further, that so much of
this act as defines who shall be held and deemed a speculator, shall
not be so construed as to apply to a licensed merchant who only buys
and sells such goods, wares and merchandise as he is authorized to do
by virtue of his license; nor to a farmer, who only holds such neces¬
saries of life as are of his own production ; but such articles deemed
necessaries of life, owned by any such merchant or farmer, shall be
liable to impressment in like manner as if owned by any person
other than one held and deemed a speculator under this act."
Mr. Winston moved to amend the amendment, by adding thereto
the following: " and provided further, that no impressment shall be
° 13
98
JOURNAL OF THE
made of any supplies laid in, and necessary for the support of any
family for a period not exceeding 12 months;" and the question being
on agreeing thereto, Mr. Brooke demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative.
Mr. Brooke moved further to amend the 4th section of the bill as
amended, by adding thereto the following: " and provided further,
that no such order of impressment shall be made, except at a term of
said court to which all the justices of said county have been pre¬
viously summoned : and provided further, whenever the said county
agent or-agents shall report to the clerk of said court his or their in¬
ability to procure, by purchase, the supplies necessary for the sup¬
port of the persons and families aforesaid, the clerk of such court
shall issue a summons to convene the justices of said county at the
next regular term of such court." Pending the consideration of
which, the hour of, 3 o'clock having arrived, the chair- was vacated
until 8 o'clock P. M.
EVENING SESSION.
The Speaker laid before the house a communication from the
governor, enclosing a letter from the governor of Georgia, and a me¬
morial of B. H. Bigham, salt agent for the state of Georgia, on the
subject of the manufacture of salt at Saltville for the state of Geor¬
gia, and complaining of the action of the board of public works of
Virginia in relation to transportation ; which were read, and on mo¬
tion of Mr. Haymond of Marion, laid on the table and ordered to be
printed. Doc. No. 10. **
No. 40. A bill for the relief of the indigent soldiers of the state of
Virginia, who have been or may be disabled in the military'service,
and the widows and minor children of soldiers who have died, or
may hereafter die in said service, and of the indigent families of those
now in service, was taken up.
The question being on agreeing to the amendment heretofore sub¬
mitted by Mr. Brooke, Mr. Tomlin moved to amend the amendment,
by inserting after the word "purchase" the following: "at rates not
exceeding those prescribed by the schedule of prices fixed by the
commissioners for the state of Virginia, under the act of the confede¬
rate congress regulating impressmentsand the question being on
agreeing thereto, was put and decided in the affirmative.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative.
Mr. Cummings moved further to amend the bill, by inserting as an
independent section the following:
" For the purpose of carrying out the provisions of this act, the
county and corporation courts are hereby authorized and empowered
HOUSE OF DELEGATES.
"99
to levy the necessary tax, either entirely or in part, upon yearly in¬
come and profits, or entirely upon profits realized in any one year
since the 17th of April 1861, and yearly thereafter: provided, how¬
ever, that yearly incomes and profits of less than $2,000 shall be ex¬
empt from taxation; and when more than $2,000 and less than
$5,000, the tax shall not exceed 3 per centum ; and when more than
$5,000, the tax shall be at the discretion of the justices: and pro¬
vided further, that no income, salary, compensation or fees received
from the discharge of any office shall be taxed under this section;
arid if the said courts or any of them should deem it proper and ex¬
pedient to levy the tax as above authorized, then the said courts may
by their order direct the commissioners of the revenue of their
respective counties to. make the necessary assessment; and the com¬
missioners shall examine on oath all parties concerned, and any other
person whose evidence may aid them in the performance of their
duty."
The question being on agreeing thereto, was put, and decided in
the negative.
Mr. Monroe moved to amend the bill, by adding, as an'inde¬
pendent section, the following, to come in after the Cth section:
"Be it further enacted, that for the purpose of carrying the pro¬
visions of this act into effect in counties held or threatened by the
public enemy, and when the court thereof cannot be held at the
courthouse of such county, it shall be lawful for any five or more of
the acting justices thereof to assemble at some place in said county
other than the courthouse thereof, who, when so assembled, shall be
regarded in all respects as the county court of said county, for the
purpose of carrying into effect the provisions of this act."
The question being on agreeing thereto, was put, and decided in
the affirmative.
The question being—Shall the bill be engrossed and read a third
time? Mr. Anderson demanded the previous question; which was
sustained by the house; and being put, was decided in the affir¬
mative.
On motion of Mr. Pendleton, the house adjourned until to¬
morrow, 11 o'clock.
WEDNESDAY, October 7, 1863.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows: #
In Senate, Oct. 6, 1S63.
The senate have.passed house bill entitled:
An act to amend and re-enact an act entitled an act to incorporate
the Old Dominion trading company, passed March 21th, 1863, No. 9.
They have agreed to the amendment of the house of delegates,
with amendments, to senate bill entitled:
100
JOURNAL OF THE
An act to amend the act passed February 13th, 1863, entitled an
act amending and re-enacting the first and second sections of an act
' entitled an act to repeal the fence law of Virginia as to certain coun¬
ties, and to authorize the county courts to dispense with enclosures
in other counties, passed October 3d, 1862, and to legalize the action
of county-courts held under said law.
In which amendments to the amendment they respectfully request
the concurrence of the house of delegates.
The amendments proposed by the senate to the amendment pro¬
posed by the house of delegates to senate bill entitled an act to
amend the act, &c. to repeal the fence law of Virginia, &c., were
taken up.
The 1st amendment, striking out "Henrico," was disagreed to.
The 2d amendment, striking out "Campbell," was agreed to.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The amendments proposed by the senate to house bill entitled an
act to incorporate the Fire and hose insurance company of the city
of Petersburg, No. .16, were agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Burwell, from the committee of roads and internal naviga¬
tion, to whom had been referred
No. 27. A senate bill entitled an act requiring rail road and'canal
companies to transport troops and munitions of war without the right
to' demand prepayment of fare, reported the same to the house with¬
out amendment.
Mr. Burwell, from the same committee, presented the following
bill:
No. 53. A bill to authorize the James river and Kanawha company
and all other navigation companies to regulate all charges by boats
and boat owners using the works and improvements of the said com¬
panies.
Mr. Tomli^, from the committee on finance, presented the follow¬
ing bill:
No. 54. A bill for the relief of Wm. F. Ritchie, public printer.
Mr. Tomlin, from the same committee, gave notice that he would
on to-mftrrow move to add the following to the standing rules of the
house:
There shall be a standing committee on public printing, to whom
shall be referred all questions of printing not otherwise ordered by
the house. It shall be the duty of said committee to examine all
accounts for printing annually, and to make such reports and recom¬
mendations as it may deem necessary, or proper.
On motion of Mr. \Yinn,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill authorizing the auditor of public accounts
to refund to commissioners of the revenue of the several counties
and corporations of (he state, whose fees for assessing the tax on
licenses have been improperly paid into the treasury, the amount of
said fees.
HOUSE OF DELEGATES*
101
The report of the committee of propositions and grievances, here¬
tofore laid on the table, on a resolution referred to it to enquire into,
the expediency of employing the male convicts of the penitentiary
in the coal mines near the city of Richmond, and of devoting the
proceeds of their labor towards furnishing fuel to the destitute wives
and families of our soldiers in this city and vicinity, asking to be dis¬
charged from the further consideration of the same, and that it be
referred to the committee on the penitentiary, was agreed to.
On motion of Mr. Deane,
Resolved, that the committee for confederate relations enquire into
the expediency of authorizing the government of the Confederate
States to acquire and hold real estate in the counties of Montgomery
and Pulaski of this state.
Mr. Richardson submitted the following resolution :
Resolved, that Brigadier General James L. Kemper, the former
distinguished speaker of this house, whose virtues and public worth
have long been admired by the people of his native state, and whose
heroic bearing in many battles for the defence of his country, has so
justly entitled him to the love and admiration of the people of Vir¬
ginia, be invited to occupy a seat within the bar of this house during
his stay in Richmond ; which was unanimously agreed to.
On motion of Mr. Keiley,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of permitting the Petersburg iron works to
acquire and hold sufficient real estate, not exceeding fifteen thousand
acres of land, for the working of one or more iron furnaces.
Mr. Hall presented the memorial of N. Carroll, in reference to
the propriety and necessity of additional fortifications to protect the
city of Richmond; which was ordered to be referred to the commit¬
tee on military affairs.
On motion of Mr. Keiley,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of incorporating the Southern insurance
and savings society of Petersburg.
The following bill was read a first time, and ordered to be read a
second time :
No. 51. A bill amending and re-enacting section 20, chapter 14 of
the Code of Virginia, giving additional mileage in currency to mem¬
bers of the general assembly.
The following bill was read a second time, and ordered to be en¬
grossed and read a third time:
No. 46. A bill to amend and re-enact section 4 of an act entitled
an act to provide for the trial of persons charged with offences com¬
mitted in counties in the possession of the enemy» or threatened with
immediate invasion, passed March 27tli, 1863.
The preamble and resolutions heretofore submitted by Mr. Pendle¬
ton, "asserting the jurisdiction and sovereignty of the state of Vir¬
ginia over her ancient boundaries," were taken up, on his motion.
On motion of Mr. Anderson, the vote was taken upon the pre-
102
JOURNAL OF THE
amble and resolutions as a whole; and the question being on agree¬
ing thereto, was put, and decided in the affirmative.
On motion of Mr. Anderson, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Barksdale, Bland, Bowen, Bowles,
Brooke, Buffing-ton, Buford, Burr, Butler, Burwell, Chalmers, Cowan, Cox, Crawford,
Cresap, Crockett, Cummings, Deane, Dickey, Draper, Duval, Edwards, English, Evans,
Ferguson, Fletcher, Flood, A. Fry, W.»0. Fry, Gilmer, Goodall, Goodykoontz, Graham,
Hall, L. D. Haymond, T. S. Haymond, Hendrick, Herndon, Hiett, Hogp, noldeu, Horton,
James, J. B. Johnson, W. Johnson, Jones, Jordan, Kaufman, Keiley, Kenney, Kindrick,
Liukous, Lively, Lundy, Lurty, Maguire, Magruder, Marr, Mathews, McCue, McElroy,
McKinney, McMillan, Meade, Melvin, Monroe, R. E. Nelson, Nighbert, Parramore, Patter¬
son, Pendleton, Pitman, Pretlow, Randolph, Reid, Richardson, Riddick, Robertson, I. Ro¬
binson, Rust, Rutk'erfoord, D. J. Saunders, Scott, Shackleford, Shelton, Sherrard, Staples,
Stewart, R. F. Taylor, T. W. Taylor, Thompson, Tomlin, Tredway, J. C. Walker, Walton,
Ward, N. W. White, R. J. White, Winn, Winston, Woodley and Worsham—105.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The hour having arrived for the consideration of the order of the
day,
No. 19. A senate bill entitled an act to reorganize the militia, be¬
ing the order of the day, was taken up. •
Mr. Walker of Rockingham moved to strike out the 17th section
of the bill, as follows:
" 17. The commandant of each company shall cause his company
to be arranged into two classes, comprising in the first class all those
between the ages of eighteen and fifty, whose term of service shall
be three mouths, unless sooner discharged. The second class shall
comprise those between the ages of sixteen and eighteen and fifty and
fifty-five. The first class, or any portion of them, may be called into
the service of the state by the governor to repel invasion, to sup¬
press insurrection, to guard public property and public works, to
guard prisoners, to arrest deserters from the confederate army, and
upon the requisition of a duly authorized civil officer, to quell riots,
to assist in the preservation of order and in the execution of civil or
criminal process, and in a county, city or town, may be called out
for the same purposes by the commandant thereof; but in case of
invasion or insurrection, he shall immediately report his action to the
governor. The second class, or any portion of them, may be called
out in the same manner to arrest deserters and for all police duties,
and whenever the first class is deemed insufficient for all the other
purposes aforesaid; but they shall not be taken out of the limits of
the county, except to prevent raids, or in cases of great emergency,
and shall be discharged as soon as the emergency ceases. The term
of service of the second class shall in no case exceed twenty days
from the day of assembly at the place of rendezvous; nor shall the
first class be kept in the field longer than twenty days, unless it may
be indispensably necessary, in the discretion of the governor, or com¬
mandant under whose order the call is made: the intention of the
general assembly being, that the regular industrial pursuits of the
country shall not be interrupted by the withdrawal of the body of
the population therefrom, except under such circumstances and for
such period as extraordinary danger to the state or localities may im¬
peratively demand. Whenever, under the provisions aforesaid, parts
HOUSE OF DELEGATES.
103
of companies are called out or kept in the field, the commandant of
the county shall make such arrangements for consolidating them, and
shall appoint such officers to command them as he may deem proper,
without reference to the ages of such officers; the residue of the
officers to be retained at home to command the militia remaining"—
and to insert in lieu thereof the following:
" The intention of the general assembly being that the regular in¬
dustrial pursuits of the country shall not be interrupted by the with¬
drawal of the body of the population therefrom, except under such
circumstances and for such period as extraordinary danger to localities
may imperatively demand, the term of service of the forces raised
under this act shall in no case exceed twenty days. The forces raised
under this act, or any portion of them, may be called into service by
the county commandant to repel raids, suppress insurrection, to
guard prisoners, to arrest deserters from the confederate army, and
upon the requisition of any duly authorized civil officer, to quell riots,
to assist in the preservation, of order and in the execution of civil
process. They shall not be taken beyond the limits of their county,
except to repel raids or suppress insurrection; in which case, the
commandants of one county shall have power to call on the com¬
mandants of adjoining counties to aid with the forces under their
command. Any forces volunteering to go beyond the limits herein
prescribed, to aid their sister counties, shall be placed upon the same
footing as those called upon by county commandants."
The question being on agreeing thereto, was put, and decided in
the negative. *
Mr. Buford moved to strike out the word " fifty," in the 3d line
of the 17th section, and to insert "forty-five;" and the question
being on agreeing thereto, was put, and decided in the affirmative—
Ayes 73, noes 28.
On motion of Mr. Staples, the vote was recorded as follows:
Ayes—Messrs. Anderson, Barksdale, Bowen, Bowles, Buford, Burr, Chalmers, Coke,
Cowan, Crawford, Cresap, Crockett, Cummings,' Deane, Dickey, Draper, Duval, Edwards,
English, Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goode, Goodykoontz, Graham, Hall,
Harris, L. D. Haymond, Hiett, Hoge, Horton, Huptt, J. B. Johnson, Kaufman, Kenney,
Kindrick, Lively, Lundy, Magruder, Mathews, McCue, McElroy, McKinney, Miller, Mul¬
lens, R. E. Nelson, Nighbert, Patterson, Pendleton, Pretlow, Randolph, Reid, Riddick,
Rixey, Robertson, I. Robinson, Rust, Rntherfoord, D. J. Saunders, F. Saunders, Scott,
Staples, Tomlin, Tredway, J. C. Walker, Walton, Ward, R. J. White, Williams, Winn,
Winston and Woodley—73.
Noes—Messrs. Ambers, Brooke, Buffington, Butler, Burwell, Evans, Hendrick, Hern-
don, James, W. Johnson, Jones, Linkous, Marr, McMillan, Meade, Monroe, Parramore,
Pitman, J. A. Robinson, Rowan, Shackleford, Sherrard, Stewart, R. F. Taylor, T. W. Tay¬
lor, Thompson, Welsh and N. W. White—28.
Mr. Buford moved to amend the section in the 9th liney by insert¬
ing after the words " public works" the words " of the state;" and
the question* being on agreeing thereto, was put, and decided in the
affirmative.
Mr. Brooke moved to strike out in the 20th line of the section
the following words: " except to prevent raids, or in cases of great
emergency;" and the question being on agreeing to the amendment,
was put, and decided in the negative.
Mr. Burwell moved to amend the 17th section, by striking out
104
JOURNAL OF THE
in the 3d line the words "whose terra of service shall be three
months, unless sooner discharged," and to insert "the first class shall
not be called into or compelled to continue in field service, under
the provisions of this act, for more than forty days at any one time;
nor shall they be recalled into such service, except after an interval
of ten days "between such calls: provided, that any company organ¬
ized under the provisions of this act shall have power, by vote of a
majority of the members thereof present, to volunteer for a further
and more extended term of field service than that fixed by this sec¬
tion, not exceeding twenty days additional service at any one time;"
and the question being on agreeing thereto, Mr. McKinney pioved
an adjournment; and the question being on agreeing thereto, was
put, and decided in the negative—Ayes 29, noes 63.
On motion of Mr. Staples, the vote was recorded as follows:
Ayes—Messrs. Ambers, Bland, Bowles, Buffington, Cresap, Goodall, Hoge, Holden,
Jones, Linkous, McKinney, McMillan, Monroe, K. E. Nelson, Pitman, Pretlow, Richardson,
Riddick, I. Robinson, J. A. Robinson, Rowan, D. J. Saunders, Scott, Sherrard, Tomlin,
Welsh, Williams, Winston and Worshain—29.
Noes—Messrs. Sheffey (speaker), Anderson, Barksdale, Bowen, Brooke, Buford, Burr,
Butler, Burwell, Chalmers, Coke, Crawford, Crockett, Cummings, Deane, Dickey, Duval,
Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goodykoontz, Graham, Harris, L. D. Hay-
mond, Hendrick, Hiett, Horton, J. B. Johnson, W. Johnson, Kaufman, Kenney, Kindrick,
Lively, Lundy, Magruder, Marr, Mathews, McCue, McElroy, Meade, Melvin, Miller, Mul¬
lens, Patterson, Pendleton, Reid, Robertson, Rust, Rutherfoord, Shackleford, Shelton,
Staples, R. F. Taylor, T. W. Taylor, Tredway, J. C. Walker, Walton, N. W. White, R. J.
White, Winn and Woolfolk—63. •
The question recurring on agreeing to the amendment submitted
.by Mr. Burwell—pending the consideration of which, the hour of
3 o'clock having arrived, the chair was vacated until 8 o'clock.
EVENING SESSION.
On motion of Mr. Pendleton, the consideration of the order of
the day was postponed for half an hour.
Mr. Pretlow presented the memorial of the Religious Society of
Friends, at their half yearly meeting held at Richmond on the 5th
.day of the 10th month 1863, praying exemption from military duty;
which was ordered to be referred to the committee on military affairs.
Mr. Pendleton submitted an amendment by way of substitute to
house bill No. 51, in relation to mileage of the members of the gene¬
ral assembly; which, on his motion, was laid on the table and or¬
dered to be printed.
No. 15. A bi)l to provide for the appointment of general agents
,and storekeepers for counties and corporations, was taken up, amended,
and as amended read a second time, and ordered to be engrossed and
read a third time.
, No. 19'. A senate bill entitled an act to reorganize the militia,
being the order of the day, was taken up; and the question being on
agreeing to the amendment heretofore submitted by Mr. Burwell,
Mr. Hall-moved an adjournment; and the question being on agree¬
ing thereto, was put, and decided in the negative—Ayes 22, noes 45.
HOUSE OF DELEGATES.
105
On motion of Mr. Ambers, tlie vote was recorded as follows:
Avr.s—Messis. Sliefivy (speaker), Ambers, Anderson, Bland, Burwell, Deyerle, Edwards,
Hall, L D. ITaymond, Heudriek, Hiett, Ho^r, Holden, Linkous, Maguire, Pitman, Pret-
low, Reid, Riddiek, Robertson, Rowan, Welsh and Williams—22.
Noes—Messrs. Barksdale, Bowen, Buford, Butler, Crawl'ord, Cummings, Deane, Dickey,
Duval, Fletcher, Flood, A. Fry, Gilmer, Goode, Graham, Harris, Horton, Iluntt, James,
J. B. Johnson, Jones, Jordan, Kindvick, Lively, Magruder, Marr, Mathews, Miller, Mon¬
roe, Mullens, Nighbert, Pendleton, Powell, Shackleford, Shelton, Staples, T. W. Taylor,
Tredway, J. Walker, J. C. Walker, Walton, N. W. White, Winston, Woolfolk and Wor-
sham—45.
No quorum voting, Mr. Magruder moved a call of the house; and
the question being on agreeing thereto,
On motion of Mr. Pendleton, the house adjourned until to¬
morrow, 11 o'clock.
THURSDAY, October 8, 186-3.
Prayer by Rev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 7, 186-3.
The senate have passed house bill entitled :
An act amending and re-enacting the 1st and 3d sections of an act.
entitled an act to amend and re-enact an act further to provide for
the public defence, passed October 3d, 1862, with amendments.
They have also passed a bill entitled :
An act to suspend proceedings in certain cases, and on executions,
attachments, distress warrants, trust deeds and other demands, in
cas^s of refusal to receive payment in currency received in payment,
to the state, and to repeal the act passed March 29th, 1862, entitled
an act to suspend sales an I legal proceedings in certain cases.
In which amendments and bill they respectfully request the con¬
currence of the house of delegates.
The amendments proposed by the senate to house bill entitled an
act amending and re-enacting the 1st and 3d sections of an act enti¬
tled an act to amend and re-enact an act further to provide for the
public-defence, passed October 3d, 1862, were taken up.
The 1st, 4th, 5th, 6th and 7th amendments were agreed to.
The 2d amendment was agreed to with an amendment.
The 3d amendment was disagreed to.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 17. A senate bill entitled an act to suspend proceedings in
certain cases, and on executions, attachments, distress warrants, trust
deeds and other demands, in cases of refusal to receive payment in
currency received iu payment to the state, and to repeal the act
passed March 29th, 1862, entitled an act to suspend sales and legal
proceedings in certain cases, was read a first and second times, and
referred to the committee for courts of justice.
106
JOURNAL OF THE
Mr. Magruder, from the committee for courts of justice, presented
the following bills:
No. 5-5. A bill to authorize the corporate authorities of the city of
•Richmond to purchase wood, and to impress fuel and transportation
in certain cases.
No. -56. A bill releasing the commonwealth's claim to certain land
to Matthew Sylvia.
No. 57. A bill amending and re-enacting the 7th section of chap¬
ter 165 of the Code of Virginia (edition of 1860).
No. 58. A bill prohibiting by-bidding and frauds of all kinds at
auction sales within this commonwealth.
The last mentioned bill was read a first time, and ordered to be
read a second time.
Mr. Anderson, from the committee on military affairs, to whom
had been referred
No. 28. A senate bill entitled an act to repeal so much of the
ordinance of the convention of April 24, 1861, as provides for a pay
department of Virginia forces, reported the same with amendments.
Mr. Anderson, from the same committee, presented the following
reports:
An adverse report to a resolution enquiring into the expediency of
forming military districts in the state, and of appointing a military
commandant for each of said districts.
An adverse report to the petition of the justices of Henrico, in
relation to the exemption of constables from military duty.
An adverse report to the petition of the Society of Friends, asking
exemption from military duty.
Mr. Anderson, from the same committee, to whom had been re¬
ferred a resolution enquiring into the expediency of abolishing the
office of paymaster of the Virginia forces, presented a report on that
subject.
Mr. Anderson, from the same committee, presented the following
resolution ; which, on motion, was laid on the table.
Resolved by the senate and house of delegates, that the non-com¬
missioned officers and privates of the Virginia state line are entitled
to the same commutation clothing that is allowed by the act of
the confederate congress of "October 8th, 1862, to soldiers of the
•army of the Confederate States, at the rate of $134 12 for one year,
and at the same rate for a shorter period, and that they be allowed
the same on the pay rolls, deducting therefrom the price of all cloth¬
ing furnished in kind at the rates fixed by the Confederate States, and
retaining any excess advanced above the regulation allowance, out of
the pay, if necessary.
On motion of Mr. Pendleton,
Resolved by the general assembly, that the paymaster of the Vir¬
ginia forces suspend all commutation for clothing until the further
order of the general assembly.
Ordered, that Mr. Pendleton carry the same to the senate, and
request their concurrence. %
No. 27. An engrossed bill to amend and re-enact section 4 of an
HOUSE OP DELEGATES.
107
act entitled an act to provide for the trial of persons charged with
offences committed in counties in the possession of the enemy, or
threatened with immediate invasion, passed March 27th, 18G2, was
taken up, on motion of Mr. Marye, read a third time and passed.
Ordered, that Mr. Marye carry the same to the senate, and request
their concurrence.
Subsequently, a message was received from the senate by Mr.
Cogiiill, who informed the house of delegates that the senate had
passed the bill with amendments: in which they respectfully re¬
quested the concurrence of the house of delegates.
Subsequently, the amendments were agreed to.
Ordered, that Mr. Marye inform the senate thereof.
The Speaker laid before the house a communication from the
governor, in response to a resolution of the house of delegates, show¬
ing, from reports from the adjutant and inspector general of the Con¬
federate States, and from the chief of ordnance of Virginia, the
number of men and arms furnished to the confederate government
by Virginia, and the number of arms on hand; which was read, and
on motion, laid on the table and ordered to be printed. Doc. No. H.
A message was received from the senate by Mr. Armstrong, who
informed the house of delegates that the senate had agreed to the
joint resolution directing the paymaster of the Virginia forces to sus¬
pend all payment of commutation for clothing, &c.
The hour having arrived for the consideration of the order of the
day,
No. 19. A senate bill entitled an act to reorganize the miliria,
being the order of the day, was taken up ; and the question being on
agreeing to the amendment heretofore submitted by Mr. Burwell
to the 17th section, was put, and decided in the affirmative.
Mr. Shackleford moved to amend the 17th section as amended,
by striking out the entire section, and inserting the following:
"The forces organized under this act, or any portion of them, may
be called into the service of the state by the governor, to repel inva¬
sion by raids; to suppress insurrection ; to guard public property
and public works; to guard prisoners; to arrest deserters from the
confederate army; and upon the requisition of a duly authorized
civil officer, to quell riots; to assist in the preservation of order, and
in the execution of civil and criminal process. The forces of a
county, city or town may be called out for the same purpose by the
commandant thereof; but in case of raids or insurrection, he shall
immediately report his action to the governor. The term of service
of the forces called out under this act shall be forty days from the
day of assembly at the rendezvous, unless sooner discharged."
Mr. Winston moved to amend the amendment, by striking out
the entire amendment,<md inserting in lieu thereof the following:
" The state forces, or any portion of them, may be called into the
service of the state by the governor, to repel invasion; to suppress
insurrection; to guard public property and public works; to guard
prisoners; to arrest deserters from the confederate army; and upon
the requisition of duly authorized civil officers, to quell riots; to as-
108
JOURNAL OP THE
sist in the preservation of order, and in the execution of civil or
criminal process; and in a county, city or town, may be called out
for the same purposes by the commandant thereof: but in case of in¬
vasion or insurrection, he shall immediately report his action to the
governor. The state forces shall not be taken out of the limits of
the county against their consent, except to prevent raids, or in cases
of great emergency, and shall be discharged as soon as the emergency
ceases. But in no case shall the term of service exceed thirty diivs
from the day of assembling at the place of rendezvous, nor shall the
same men be called out a second time without their consent, until
the lapse of ten days from the expiration of their term of service:
the intention of the general assembly being that the regular indus¬
trial pursuits of the country shall not be interrupted by the with¬
drawal of the body of the population therefrom, except under such
circumstances and for such period as extraordinary danger to the state
or localities may imperatively demand "
The question being on agreeing thereto, Mr. Bufokd demanded
the previous question; which was sustained by the house; and being
put, was decided in the affirmative.
The question recurring upon agreeing to the amendment as amended,
Mr. Bufokd demanded the previous question; which was sustained
by the house; and being put, was decided in the negative.
Mr. Buford moved to amend the bill in the 17th section and 8th
line, by striking out the word "invasion," and inserting "raids;" and
the question being on agreeing thereto, wTas put, and decided in the
negative—Ayes 3-5, noes 78.
On motion of Mr. Robertson, the vote wTas recorded as follows:
Ayes—Messrs. Brooke, Buford, Cuinniings, Deane, Flood, W. O. Fry, Gilmer, Graham,
Harris, Herndou, Hiett, Irving, Jones, Kaufman, Kemiey, Kiudriek, Lundy, MeElroy, Mil¬
ler, Monroe, Mullens, Patterson, Pendleton, Randolph, Reid, I. Robinson, Slielton, Sher-
rard, Thompson, Tredway, J. Walker, J. C. Walker, Walton, J. L. Wilson and Woolfolk—115.,
Noes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Barksdale. Bland, Bouldiu,
Bowen, Bowles, Branch, Bryan, Buffing ton, Burr, Butler, Burwell, Chalmers, Cowan, Cox,
(Pawford, Cresap, Crockett, Gustis, Deyerle, Dickey, Diaper, Duval, English, A. Fry,
Goodall, Goodykoontz, L. D. Haymond, T. S. Haymond, Holden, Horton, James, J. B.
Johnson, W. Johnson, Jordan, Keiley, Linkous, Lively, Msiguiiv, Magruder, Marr, Marye,
Mathews, McCue, McKinney, McMillan, Meade, Melvin, Morgan, R. E. Nelson, Nighhert,
Parrainore, Pitman. Powell, Riddiek, Rixey, Robertson, ,j. A. Robinson, Rowan, Kuther-
foord, D. J. Saunders, Scott, Staples, Stewart, R. F. Taylor, T. ay. Taylor, Tomlin, Ward,
Welsh, R. J. White, Williams, Winn, Winston, Woodley and Worsham—78.
Mr. Robertson moved to amend the bill, by striking out the 17th
section, and inserting the following:
"The commanders of companies shall arrange their respective com¬
panies in^o two classes, to be knowpi as the 'first class' and the
'second class.' The first shall comprise all members thereof be¬
tween the ages of 18 and 45, and the second, all under 18 and over
4-5. Both classes, or either, or any portion of either, may be called
into service by the governor, or by the county commandant, to repel
invasion; suppress insurrection; guard public property aud public
works of this state; guard prisoners; arrest deserters; and upon the
requisition of a duly authorized civil officer, quell riots, assist in the
preservation of order, or in the execution of civil or criminal pro¬
cess: but whenever called out by the commandant, he shall imme-
HOUSE OP DELEGATES.
109
diately report his action to the governor. The term of service of the
first class shall be sixty days, and of the second class, not ex¬
ceeding twenty days from the day of their assembling under such
call, if their service shall be so long needed: but they shall not be
kept in service longer than the public exigences may require, but
shall all, or any part of them, be discharged and restored to their
homes and civil pursuits as soon as the public necessities will allow:
it being the intention of the general assembly that the agricultural
and industrial pursuits of the citizens hereby subjected to military
service, shall be liable to the least interruption consistent with provi¬
sion for the particular objects and emergencies herein set forth."
The question being on agreeing thereto, Mr. Randolph moved the
indefinite postponement of the bill and amendments; and the question
being on agreeing thereto, the hour of 3 o'clock having arrived, the
chair was vacated until 8 o'clock P. M.
EVENING SESSION.
Mr. Bouldin presented a memorial from citizens of Charlotte, in
relation to the laws on the subject of distillation, and prajung per¬
mission to distill sorghum or Chinese sugar cane; which was ordered
to be referred to a select committee.
On motion of Mr. Custis,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill to provide for the safe keeping of the
records of the county of Warwick and the city of Williamsburg.
No. 19. A senate bill entitled an act to reorganize the militia, be¬
ing the order of the day, was taken up.
Mr. Randolph, by leave of the house, withdrew the motion for
the indefinite postponement of the bill.
The question recurring on agreeing to the amendment heretofore
submitted by Mr. Robertson, was put, and decided in the negative.
Mr. Kenney moved to amend the bill in the 23d line of the 17th
section, by striking out " twenty," and inserting " ten" (the limit of
service of the second class); and the question being on agreeing
thereto, Mr. Welsh demanded the previous question; which was
sustained by the house; and being put, was decided in the negative.
Mr. Monroe moved to amend the bill in the 19th section, 3d line,
by striking out the words " whenever their tour of service shall ex¬
ceed five days; but no pay shall be received for a less period of time"
'(the effect being to allow pay for any service); and the question be¬
ing on agreeing thereto, Mr. Graham demanded the previous ques¬
tion ; which was sustained by the house ; and being put, was decided
in the affirmative.
Mr. Haymond of Braxton moved to amend the bill in the 19th
section, by striking out the words "when their tour of service exceeds
one day" (the effect being to give subsistence, &c. for any term, of
service); and the question-being on agreeing thereto, was put, and
decided in the affirmative.
110
JOURNAL OF THE
Mr. Randolph moved to amend the 19th section, by striking out
the following words: " commandants, when not receiving pay under
this section, shall receive half pay from the treasury of the state,"
and inserting " commandants shall receive full pay, whether 011 duty
or notand the question being on agreeing thereto, Mr. Haymond
of Marion asked a division of the question; which was agreed to;
and the question being on striking out, was put, and decided in the
affirmative. The question being on inserting, was put, and decided
in the negative.
Mr. Pendleton moved to fill the blank in the bill with the fol¬
lowing words: " commandants, when not on duty, shall receive half
pay, but without allowances;" and the question being on agreeing
thereto—pending the consideration thereof,
On motion of Mr. Bcrwell, the house adjourned until to-morrow,
11 o'clock.
FRIDAY, October 9, 1863.
Prayer by Rev. Mr. Mays of Alabama.
A communication from the senate, by their clerk, -was read as
follows:
In Senate, Oct. 8, 1863.
The senate have agreed to the preamble and resolutions from the
house of delegates, asserting the jurisdiction and sovereignty of the
state of Virginia over her ancient boundaries.
And they insist on their first amendment to the amendment of the
house of delegates to senate bill entitled:
An act to amend the act passed February 13th, 1863, entitled an
act amending and re-enacting the 1st and 2d sections of an act en¬
titled an act to repeal the fence law of Virginia as to certain counties,
and to authorize the county courts to dispense with enclosures in
other counties, passed October 3d, 1862, and to legalize the action
of county courts held under said law.
On motion, the house receded from their disagreement to the senate
bill mentioned in the foregoing communication.
Ordered, that the clerk inform the senate thereof.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bills:
No. 59. A bill incorporating the Southern insurance and savings
sdciety of Petersburg.
No. 60. A bill allowing the Petersburg iron manufacturing com¬
pany to hold not more than 20,000 acres of land at any one time.
Mr. Robertson, from the committee on confederate relations, pre¬
sented the following report:
A report on the subject of details from the confederate army.
Mr. Bouldin, from the committee on finance, to whom had been
referred a resolution enquiring into the propriety of canceling the
HOUSE OF DELEGATES.
Ill
bonds of this state in the hands of the government of the United
States, and the citizens thereof, presented a report, that it was inex¬
pedient to legislate upon the subject.
Mr. TIaymond, from the committee on the penitentiary, presented
the following hill:
No. 02. A bill to authorize the governor to hire free negro and
slave convicts to work in coal pits.
Mr. Crockett, from the committee on lunatic asylums, to whom
had been referred
No. 22. A senate bill entitled an act to provide for the payment
of certain claims against the Eastern lunatic asylum, reported the
same with amendments.
On motion of Mr. Crockett, the bill was taken up.
The amendments were agreed to, and the bill read a third time
and passed—Ayes 110.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Barksdale, Bland, Bouldin,
Bowen, Bowles, Branch, Brooke, Bryan, Buffington, Buford, Burr. Butler, Burwell, Chal¬
mers, Coke, Crawford, Cresap, Crockett, Cummings, Custis, Deane, Deyerle, Dickey, Du¬
val, English, Evans, Ferguson, Fletcher, Flood, A. Fry, W. O. Fry, Gilmer, Goodall,
Goode, (foodykoontz, Graham, L. D. Haymond, T. S. Raymond, Herndon, Hiett, Hoge,
Hidden, Horton, Hughes, Huntt, Irving, J. B. Johnson, Jordan, Kaufman, Keiley, Kenney,
Kindrick, Linkous, Lively, Lundy, Lurty, Maguire, Magruder, Mathews, McCue, Mc-
Elroy, McKinney, McMillan, Meade, Melvin, Miller, Monroe, Morgan, Mullens, R. E. Nel¬
son, Nighbert, Patterson, Pitman, Reid, Richardson, Riddick, Rixey, I. Robinson, J. A.
Robinson, Rowan, Rutherfoord, D. J. Saunders, Scott, Shackleford, Shelton, Staples, R. F.
Taylor, T. W. Taylor, Thomas, Thompson, Tomlin, Tredway, J. Walker, J. C. Walker,
Walton, Ward, Welsh, N. W. White, R. J. White, Williams, J. L. Wilson, Winn, Win¬
ston, Woodley, Woolfolk and Worsham—110.
Ordered, that Mr. Crockett carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Robertson, the house resolved itself in secret
session.
The doors being opened,
On motion of Mr. Tomlin,
Resolved, that the committee on finance be instructed to enquire
into the expediency of refunding to William A. Braxton a tax, of the
benefit of which he was deprived by the act of the public enemy.
Mr. Buford submitted the following resolution :
Resolved by the general assembly, that the resolution recently
adopted by the two houses, by which they agreed to an adjournment
of this general assembly on Monday the J 2th inst., be and the same
is hereby rescinded; which, being objected to, lies over under the
rule.
The Speaker announced the following committee on the memorial
of citizens of the county of Charlotte, in relation to the distillation
of sorghum : Messrs. McCue, Barksdale, Worsham, Marr, Cowan,
Goodykoontz and McElroy.
A message was received from the senate by Mr. Lynch, who in¬
formed the house of delegates that the senate had passed house bill
entitled an 'act to amend and re-enact the 4th, 5th and 56th sections
of the 87th chapter of the Code of Virginia, No. 12, with amend¬
ments : in which they respectfully requested the concurrence of the
house of delegates.
112
JOURNAL OF THE
No. 40. An engrossed bill for the relief of the indigent soldiers of
the state of Virginia who have been or may be disabled in the mili¬
tary service, and the widows and minor children of soldiers who have
died or may hereafter die in said service, and of the indigent families
of those now in the service, was taken op, on motion of Mr. Shackle-
Ford, read a third time and passed—Ayes 106, noes 2.
Ayes—Messrs. Sht-ffey (speaker). Anderson, Raker, Barksdale, Bland, Bouldin, Bowen,
Bowles, Branch, Brooke, Bryan, Buffington, Buford, Burr, Butler, Burwell, Chalmers,
Cowan, Cox, Crawford, Cresap, Crockett, Cummings, Custis, Deaue, Deyerle, Dickey,
Doutliat, Draper, Duval, English, Evans, Fergu-on, Fletcher, Flood, A. Fry, W. <>. Fry,
Gilmer, Goodall, Goode, Goodyk'nontz, Graliam, L. D. Hayinond, T. S. Haymond, Hen-
drick, Herndon, Hiett, Holden, Horton, Huntt, Irving, J. B Johnson, W. Johnson, Jones,
Jordan, Kaufman, Keiley, Kenney, Kmdrick, Linkous, Lively, Lundy, Maguire, Magrnder,
Mathews, McCue, McElroy, McKinney, McMillan, Meade, Melvin, Miller, Monroe, Mor¬
gan, Mullens, Nigbbert, Parrainore, Patterson, Pendleton, Pitman, Pretlow, Powell, Keid,
Richardson, Riddick, Rixey, J. A. Robinson, Rowan, Rust, Kutherlbord, D. J Saunders,
F. Saunders, Scott, Shackleford, Shelton, Sherrard, Staples, R. F. Taylor, T. W. Taylor,
Thomas, Thompson, Tomlin, Tredway, J. Walker, J. C. Walker, Walton, Ward, Welsh,
N. W. White, R. J. White, Williams, S. M. Wilson, Winn, Winston, Woolfolk and Wor-
skam—Kill
Noes—Messrs. Marr and J. L. Wilson—2.
The title was then amended, by adding after the word " soldiers,"
wherever it occurs, the words "and sailors."
The hour having arrived for the consideration of the order of the
day,
No. 19. A senate bill entitled an act to reorganize the militia, be¬
ing the order of the day, was taken up; and the question being on
agreeing to the amendment heretofore submitted by Mr. Pendleton,
Mr. Pendleton, by leave of the house, withdrew the amendment.
Mr. Irving moved to fill the blank in the bill with the following
words: "Commandants and adjutants, when not receiving pay under
this section, shall receive half pay from the treasury of the state for
such time as the county or corporation court may certify-that their
services were required."
Mr. Haymond of Marion moved to add to the 20th section the
following: "provided, however, tbat.no money shall be drawn from
the public treasury by any quartermaster to pay troops, until such
troops are in active service; nor shall any quartermaster receive any
compensation for a longer period than he is in active service in the
army;" and the question being on agreeing thereto, was put, and
decided in the affirmative.
Mr. Harris moved to amend the bill in the 21st section, by stri¬
king out that portion of the bill which allows the governor "to re¬
quest the president to permit a brigadier in the confederate service
to assume the command under his orders;" Tmd the question being
on agreeing thereto, wTas put, and decided in the affirmative.
The section was then further amended.
Mr. Haymond moved to amend the section, by striking out from
the 2lst section all but the following: "Any commandant may cull
for assistance upon the commandants of other counties, .which shall
be given accordingly; and until a brigadier is appointed, the ranking
commandant shall command the entire force;" and the question
being on agreeing thereto, Mr. Gilmer demanded the previous ques-
HOUSE OF DELEGATES.
113
tion ; which was sustained by the house; and being put, was de¬
cided in the affirmative.
Mr. Pretlow moved to amend the section as amended, by striking
out the words "until a brigadier is appointed;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. Pendleton moved to suspend the rule, with a view to re¬
consider the vote striking out the following words in the 21st section:
" When regiments or battalions, having in the aggregate eighteen
or more companies, are assembled, the governor may commission a
brigadier to command them. The brigadier so appointed may re¬
commend to the governor for appointment such staff officers as are
allowed to a brigadier in the confederate army, but his and their
commissions shall expire when the brigade is dissolved." Pending
the consideration of which,
On motion of Mr. White of Brooke, the house adjourned until
to-morrow, 11 o'clock.
SATURDAY, October 10, 1S63.
Prayer by Rev. Dr, Jeter of the Baptist church".
A communication from the senate, by their clerk, was read as'
follows:
In Senate, Oct. 9, 1863.
The senate have agreed to the amendment proposed by the house
of delegates to the second amendment of the senate, and have in¬
sisted on their third amendment to the house bill entitled:
An act amending and re-enacting the 1st and 3d sections of an act
entitled an act to amend and re-enact an act further to provide for
the public defence, passed October 3d, 1862.
The house receded from its disagreement to the amendment of the
senate to house bill.entitled :
An act amending and re-enacting the 1st and 3d sections of" an act
entitled an act to amend and re-enact an act further to provide for
the public defence, passed October 3d, 1862, No. 34.
Ordered, that the clerk inform the senate thereof.
The amendments proposed by the senate to house bill entitled an
act to amend and re-enact the 4th, 5th and 56th sections of chapter
87 of the Code of Virginia, were agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Rutherfoord, from the committee for courts of justice, to
whom had been referred
No. 25. A senate bill entitled an act to amend and re-enact the
first section of chapter SO of the Acts of 1861-2, entitled an act to
provide for the trial of persons charged with offences committed in
counties in the possession of the enemy, or threatened with immediate
invasion, passed March 27th, 1862, and to repeal the act amending
the same, passed October 4th, 1862, reported the same with amend¬
ments.
15
114
JOURNAL OP THE
Mr. Barkrdale, from a select committee, to whom had been re¬
ferred a memorial of citizens of Charlotte, in relation to the distilla¬
tion of sorghum, &c., presented the following bill :
No. 63. A bill to amend and re-enact an act entitled an act to
amend and re-enact an act entitled an act to amend and re-enact an
act entitled an act to prevent the unnecessary consumption of grain
by distillers and other manufacturers of spirituous and malt liquors,
passed October 2, 1S62, passed March 11, 1863.
Mr. Brooke, from the joint committee on salt, presented the fol¬
lowing resolution ; which was agreed to :
Resolved by the general assembly, that the joint committee on
salt have leave to visit in person the salt works at Saltville, if said
committee shall deem such a visit necessary.
Ordered, that Mr. Brooke carry the same to the senate, and re¬
quest their concurrence.
The following resolution, heretofore submitted by Mr. Buford,
was taken up and agreed to:
Resolved by the general assembly, that the .resolution recently
adopted by the two houses, by which they agreed to an adjournment
of this general assembly on Monday the 12th instant, be and the
same is hereby rescinded.
Ordered, that Mr. Buford carry the same to the senate, and re¬
quest their concurrence. •
The Speaker laid before the house a communication from the au¬
diting board in relation to certain orders in regard to the commuta¬
tion of clothing, and in response to a report of the committee on mili¬
tary affairs of the house of delegates upon the same subject; which
was read, and on motion, laid on the table and ordered to be printed.
Doc. No. 13.
The report of the committee on military affairs, in relation to the
same subject, and abolishing the office of paymaster of the Virginia
forces, was taken up, on motion of Mr. Pendleton, laid on the table
and ordered to be printed. Doc. No. 12.
A message was received from the senate by Mr. Ball, who in¬
formed the house of delegates that the senate had agreed to the
joint resolution rescinding the order for adjournment on Monday the
12th instant, and that the senate had agreed to the joint resolution
authorizing the joint committee on salt to visit the salt works, with
an amendment: in which they requested the concurrence of.the
house of delegates.
The hour having arrived for the consideration of the order of the
day,
No. 19. A senate bill entitled an act to reorganize the militia, be¬
ing the order of the day, was taken up; and the question being on
the motion heretofore submitted by Mr. Pendleton, to suspend the
rule with a view to reconsider the vote by which the house had
struck out a portion of the 21st section, was put, and decided in the
negative.
On motion of Mr. Robertson,
Resolved, that pending the consideration of the senate bill No. 19,
HOUSE OF DELEGATES.
115
entitled an act to reorganize the militia, no amendment shall be de¬
bated exceeding twelve minutes, nor by any one member exceeding
three minutes.
Mr. Deyerle moved to amend the bill,.by striking out the 21st
section, and inserting the following:
"Not less than two nor more than six regiments or battalions,
when assembled together, shall constitute a brigade; and the com¬
missioned officers present may select a commandant from among the
commandants of regiments and battalions present, whose duty it shall
be to command the whole: provided, that the brigadier general herein
after provided for is not present. When two or more brigades are
assembled, the governor shall appoint a brigadier general to command:
provided, that not more than three brigadiers shall be appointed for
the state, and they shall only receive pay when on duty in the field.
Any commandant may call for assistance, upon the commandants of
other counties; which shall be given accordingly. The commission
of any such brigadier shall expire when the brigade is dissolved."
Mr, Jones moved to amend the amendment, by striking therefrom
all from the words " when two or more brigadiers," to the words
" the brigade is dissolved," at the end of the amendment; and the
question being on agreeing thereto, was put, and decided in the nega¬
tive—Ayes 47, noes 60.
On motion of Mr. Anderson, the vote was recorded as follows:
Ayes—Messrs. Bouldin, Branch, Brooke, Bryan, Cox, Custis, Deane, Dickey, Douthat,
English, Fletcher, Flood, A. Fry, W. O. Fry, Goodall, Goodykoontz, Graham, Hall, T. S.
Hfiyiuond, Hiett, Irving, J. B. Johnson, W. Johnson, Jones, Kaufman, Luudy, Ma rye,
MoElroy, McKinney, McMillan, Miller, Monroe, Mullens, Patterson, Powell, Randolph,
Riddick, Robertson, I. Robinson, Thomas, Tredway, J. C. Walker, Walton, J. L. Wilson,
S. M. Wilson, Winn and Woolfolk—47.
Noes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Barksdale, Bland, Bowen,
Buffiugton, Buford, Butler, Burwell, Cowan, Crawford, Cresap, Crockett, Cummings,
Deyerle, Draper, Duval, Edwards, Evans, Ferguson, Fletcher, Gilmer, L. D. Haymond,
Huge, Horton, James, Jordan, Keiley, Kindrick, Linkous, Lively, Magruder, Marr,
Mathews, Maguire, Meade, Melvin, R. E. Nelson, Nighbert, Parramore, Pendleton, Pitman,
Reid, Rowan, Eutherfoord, D. J. Saunders, Scott, Snowden, R. F. Taylor, T. W. Taylor,
Thompson, Tomlin, Welsh, N. W. White, R. J. White, Williams, Woodley and Wor-
shain—60.
The question recurring on agreeing to the amendment submitted
by Mr. Deyerle, was put, and decided in the negative.
A message was received front the senate by Mr. Hart, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to suppress gaming, No 34: in which they respectfully
requested the concurrence of the house of delegates.
On motion of Mr. Brooke, the bill under consideration was laid
on the table, for the purpose of considering the amendment of the
senate to the resolution from the house authorizing the joint commit¬
tee on salt to visit Saltville.
The amendment of the senate was agreed to.
Ordered, that the clerk inform the senate thereof.
The bill was then further amended, on motion of Mr. Irving, in
the 29th section.
Mr. Tomlin moved to amend the bill in the 37th section, by stri¬
king out the words " But the governor may suspend the operation of
116
JOURNAL OF THE
this act in any county, city or town in possession of the enemy, or
so threatened by them that the law cannot be safely executed, until
such possession or danger shall cease," and to insert " This act shall
not apply to any county, city or town in the possession or power of
the enemy, nor to any county, city or town in which the county or
corporation court thereof shall certify to the governor is so threat¬
ened by the enemy that the law cannot be safely executed."
The hour of 3 o'clock having arrived, the chair was vacated until
8 o'clock P. M.
EVENING SESSION.
The following bills were read a first time, and ordered to be read
a second time:
No. 29. A bill providing for the payment of tobacco destroyed by
fire at the public warehouse.
No. 31. A bill authorizing the board of public works, acting as a
board of Supervisors for the production and distribution of salt, to
modify the contract of lease between Stuart, Buchanan & Co. and
Thomas R. Friend.
No. 32. A bill to am*end the charter of the town of Ashland in
Hanover county.
No. 33. A bill authorizing rail road companies and other corpora¬
tions to pay their indebtedness to the commonwealth in a certain
manner.
No. 37. A bill incorporating the Home insurance company of the
city of Petersburg.
No. 41. A bill to amend and re-enact an act passed March the
11th, 1863, entitled an act to amend the 39th section of chapter 1S4
of the Code of Virginia (edition of 1860), so as to increase the com¬
pensation of clerks and sheriffs for public service.
No. 42. A bill to regulate transportation of freights and passen¬
gers upon certain rail roads in this commonwealth.
No. 45. A bill amending the first section of the third chapter of
the Code of Virginia, defining citizenship.
No. 47. A bill to amend the charter of the Merchants insurance
company of the city of Richmond.
No. 50. A bill amending and re-enacting the 6th, 7th, 9th and 10th
sections of the 14th chapter of the Code of Virginia (edition of 1S60).
No. 53. A bill to authorize the James river and Kanawha com¬
pany and all other navigation companies to regulate all charges by
boats and boat owners using the works and improvements of the said
companies.
No. 54. A bill for the relief of Wm. F. Ritchie, public printer.
No. 56. A bill releasing the commonwealth's claim to certain land
to Matthetv Sylvia.
No. 57. A bill amending and re-enacting the 7th section of chap¬
ter 165 of the Code of Virginia (edition of 1860).
HOUSE OF DELEGATES.
117
No. 59. A bill incorporating the Southern insurance and savings
society of Petersburg.
No. 60. A bill allowing the Petersburg iron manufacturing com¬
pany to hold not more than 20,000 acres of land at any one time.
No. 63. A bill to amend and re-enact an act entitled an act to
amend and re-enact an act entitled an act to amend and re-enact an
act entitled an act to prevent the unnecessary consumption of grain
by distillers and other manufacturers of spirituous and malt liquors
(passed October 2d, 1862), passed March 11th, 1863.
The following bill was read a first time, and on motion, was laid
on the table.
No. 55. A bill to authorize the corporate authorities of the city
of Richmond to purchase wood, and to impress fuel and transporta¬
tion in certain cases.
No. 62. A bill to authorize the governor to hire free negro and
slave convicts to work in coal pits, was read a first time, and two-
thirds concurring, was read a second time, amended, laid on the table
and ordered to be printed.
No. 19. A senate bill entitled an act to reorganize the militia,
being the order of the day, was taken up.
The bill was then further amended in the 30th section.
Mr. Walton moved to amend the 31st seption,'by striking out the
following words : " Students of the university of Virginia and of the
incorporated colleges of the state under the age of 21 years, and the
professors thereof, are exempt from enrollment under this act, during
their connection with the university, or with any of said colleges:
provided, that the authorities of such institutions" (shall cause them
to be organized, &c.), and to insert " Students of the university .of
Virginia and of the colleges and schools of the state, and the pro¬
fessors and teachers thereof, are exempted from enrollment under this
act, during their connection wTith the same: provided, that the au¬
thorities and teachers of such'institutions" (shall cause them to be
organized); and the question being on agreeing thereto, was put, and
decided in the affirmative.
The bill was then further amended. Pending the consideration
thereof,
On motion of Mr. Kaufman, the house adjourned until Monday,
11 o'clock.
MONDAY, October 12, 1863.
Prayer by Rev. Mr. Pettigrew of the Reformers church.
No. 34. A senate bill entitled an act to suppress gaming, was read
a first and second times, and referred to the committee for courts of
justice.
Mr. Burwell, from the committee of roads and internal naviga¬
tion, presented the following bills: •
118
JOURNAL OF THE
No. 64. A bill to provide for the completion of the Covington and
Ohio rail road.
No. 65. A bill declaring certain rail road companies the only re¬
sponsible common carriers on their roads, and regulating charges for
express service thereon.
Mr. Burwell, from the same committee, to whom had been re¬
ferred a resolution directing an enquiry into the rates of toll on the
York river rail road, presented an adverse report.
Mr. Bouldin, from the committee on finance, presented the fol¬
lowing bill:
No. 66. A bill authorizing the payment of fees of commissioners
of the revenue.
Mr. Bouldin, from the same committee, to whom had been referred
a resolution enquiring into the expediency of releasing Thos. AY.
Garnett from a tax, presented an adverse report.
Mr. Robertson, from the committee on confederate relations, to
whom had been referred a resolution of enquiry as to the expediency
of requesting ther president to convene an extra session of congress,
presented an adverse report.
On motion of Mr. Welsh,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the cause of the failure of the Richmond
and Danville rail'road to connect with the South side rail road, and
report, by bill or. otherwise, such measures as shall restore an unin¬
terrupted rail road connection between the Richmond and Danville
and South side rail roads and other rail roads connecting with them.
On motion of Mr. Walker of Augusta,
Resolved, that the committee on lunatic asylums enquire into the
expediency of making an appropriation to meet a deficiency in the
ordinary appropriation for the support of the Central lunatic asylum.
On motion of Mr. Reid, '
Resolved, that the committee on ba«iks enquire into the propriety
of amending tlie charter of the Bank of Rockbridge.
No. 1-3. A senate bill entitled an act to amend the 1st, 2d, 3d,
4th, 5th, 13th, 14th and 16th sections of chapter 14; the 14th sec¬
tion of chapter 21; the 27th section of chapter 23; an l the 10th
sectiou of chapter 66 of the Code of Virginia (edition of 1S60), so
as to increase the salaries of certain officers of the government, was
taken up, on motion of Mr. Pendleton, and read a second time.
The bill was then amended.
Mr. Burwell moved to strike out "the sum of four thousand dol¬
lars," the sum fixed in the bill as the salary of the secretary of the
commonwealth; and the question being on agreeing thereto, Mr.
Deyerle moved to lay the bill and amendment on the table; and
the question being on agreeing thereto, was put, and decided in the
negative—Ayes 13, noes 97.
On motion of Mr. Wilson of Isle of Wight, the vote was recorded
as follows:
Ayes—Messrs. Bowen, Deyerle, A. Fry, Graham, Horton, "W. Johnson, Ivindrick, Mel-
vin, Miller, Patterson, F. Saunders, Staples and J. Walker—13.
HOUSE OF DELEGATES. 119
Nms—Messrs. Sheffey (speaker), Anderson, Barksdale, Bland, Bouldin, Bowles, Branch,
Biyaw, Buffington, Burnett, Butler, Burvvell, Coke, Cowau, Crawford, Cresap, Crockett,
Guslis, Deune, Dickey, Douthat, Draper, Duval, Edwards, English, Evans, Ferguson,
Elet< tier, \V. O. Fry, Gilmer, Goodall, Goodykoontz, Hall, T. 8. Hayinoud, Hendrick,
Herudon, Hiett, Huge, Ilolden, Huntt, James, J. B. Johnson, Jones, Kaufman, Keiley,
Kenuey, Linkous, Lively, Lundy, Lurty, Maguire, Magruder, Marr, Mathews, McCue, Mc-
Elroy, McMillan, McNeil, Meade, Monroe, Morgan, Mullens, Nighbert, Parramore, Pendle¬
ton, Pitman, Pretlow, Powell, Randolph, Reid, Rixey, Robertson, I. Robinson, J. A. Ro¬
binson, Rowan, Rust, Rutherfoord, 1). J. Saunders, Scott, Sherrard, Smith, Suowdon,
Stewart, R. F. Taylor, T. W. Taylor, Thomas, Thompson, J. C. Walker, Walton, Ward,
Welsh, R. J. White, J. L. Wilson, Winn, Woodley, Worsham and Wright—07.
The question recurring on agreeing to the motion to strike out
"four thousand," was put, and decided in the negative.
The question being—Shall the bill Jie read a third time? Mr.
Cowan demanded the previous questionwhich was sustained by
the house; and being put, was decided in the affirmative.
The question being—Shall the bill pass? Mr. Staples demanded
the previous question; which was sustained by the house; and be¬
ing put, was decided in the affirmative—Ayes 88, noes 22.
Ayes—Messrs. Sheffey (speaker), Anderson, Barksdale, Bland, Bouldin, Bowles, Branch,
Bryan, Buffington, Burnett, Butler, Coke, Cowan, Crawford, Cresap, Crockett, Custis,
Deane, Dickey, Draper, Edwards, English, Evans, W. O. Fry, Gilmer, Goodall,. Goody¬
koontz, Hall, T. S. Haymond, Hendrick, Ilerndon, Hiett, Hoge, Holden, Huntt, Hutche-
son, James, J. B. Johnson, Jones, Kaufman, Keiley, Kenney, Linkous, Lively, Lurty,
Maguire, Magruder, McCue, McMillan, McNeil, Meade, Melvin, Monroe, Morgan, Nigh¬
bert, Parramore, Pendleton, Pitman, Pretlow, Powell, Randolph, Reid, Richardson, Rixey,
Robertson, I. Robinson, J. A. Robinson, Rowan, Rust, Rutherfoord, D. J. Saunders, Scott,
Sherrard, Smith, Snowden, Stewart, T. W. Taylor, Thompson, Tibbs, J. C. Walker, Wal¬
ton, Ward, Welsh, J. L. Wilson, S. M. Wilson, Winn, Woodley and Wright—88.
Noes—Messrs. Bowen, Burwell, Deyerle, Douthat, Ferguson, Fletcher, A. Fry, Graham,
Horton, W. Johnson, Kindrick, Lundy, McElroy, Miller, Mullens, Patterson, F. Saunders,
Staples, R. F. Taylor, J. Walker, R. J. White and Worsham—22.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a letter from the president of the Central lunatic
asylum, with a report of the board of directors, asking an additional
appropriation to said asylum; which was read, and Referred to the
committee on lunatic asylums.
On motion' of Mr. Wilson of Isle of Wight,
Resolved, that the committee on banks enquire into the expe- .
diency of suspending the charters of such banks of this common¬
wealth as refuse to receive money on deposit.
On motion of Mr. Custis,
Resolved, that the committee on lunatic asylums enquire into the
expediency of abolishing the board of directors of tl>e Eastern luna¬
tic. asylum, and placing the same in the hands of the government
during the war.
On motion of Mr. Haymond of Marion,
Resolved, that the committee for courts of justice enquire into the
propriety of providing by law for the protection of soldiers' families,
so that the said families shall not be dispossessed of the tenements
they may occupy during the existing war, by their landlords.
Mr. Keiley presented the petition of Joseph Boisseux, asking to
be released from the payment of a judgment for $950, overvalue of
a slave purchased by him at a sheriff's sale; which was ordered to be
referred to the committee on finance.
120
JOURNAL OP THE
Mr. Saunders of Richmond presented the memorial of O. A.
Ericson and others, asking the incorporation of the Virginia female
institute ; which was ordered to be referred to the committee of pro¬
positions and grievances.
No. 19. A senate bill entitled an act to reorganize the militia, be¬
ing the order of the day, was taken up.
Mr. Burwell moved to amend the bill in the 2d line of the 30th
section, by inserting after the word "act" the following: or any
companies organized under the act of congress, passed March 13th,
1862, entitled an act to authorize the formation of volunteer com¬
panies for local defenceand the question being on agreeing there¬
to, was put, and decided in the affirmative.
Mr. Bouldin moved to amend the 30th section by adding at the
end thereof the following: " But no company organized under the
act of congress approved October 13th, 1862, shall be organized un¬
der this act, as a part of the state forces, unless such company be
disbanded by the president of the Confederate States;" and the ques¬
tion being on agreeing thereto, was put, and decided in the affirmative.
Mr. Bouldin (for Mr. Brooke), moved further to amend the bill,
by striking out the 32d section, and inserting in lieu thereof the
following: . ,
" When commissions are of the same date, the rank is to be de¬
cided, first—By former rank in the confederate army, if both parties
were in such army. Second—If one has served in the confederate
' army, and the other not, the former shall rank the latter. Third—
In all other cases, the question of rank shall be decided by lot."
The question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Deyerle moved to amend the bill, by striking out the 33d
section, creating an inspector general and defining his duties; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
Mr. Pendleton moved to add as an independent section the
following:
" The adjutant general of this state shall act as inspector general of
the forces organized under this act."
The question being on agreeing thereto, was put, and decided in
the affirmative.
The hour of 3 o'clock having arrived, the chair was vacated until
8 o'clock P. M.
EVENING SESSION.
Mr. Anderson, from the committee on military affairs, presented
the following reports:
A report asking to be discharged from the consideration of a reso¬
lution of enquiry as to exempting principals of female schools from
military duty.
HOUSE OF DELEGATES.
121
A report asking to be discharged from the consideration of the me¬
morial of N. Carroll, in relation to the defence of the city of Rich¬
mond.
A report asking to be discharged from the consideration of a reso¬
lution of enquiry as to increasing the appropriation for the Virginia
military institute, and that it be referred to the committee on finance;
which was concurred in.
The report of the committee on military affairs, asking to be dis¬
charged from the further consideration of the petition of the justices
of Henrico, in relation to the exemption from military duty of con¬
stables, was taken up, on motion of Mr. English, and on motion, re¬
ferred to the committee on confederate relations.
The report of the committee on military affairs, adverse to the me¬
morial of the Religious Society of Friends, asking exemption from
military service, was taken up, and on motion of Mr. Anderson, re¬
committed to the committee.
No. 19. A bill for the relief of Washington G. Singleton, clerk of
the district court of the 6th judicial district, was read a second time,
and ordered to be engrossed and read a third time.
No. 5-5. A bill to authorize the corporate authorities of the city of
Richmond to purchase wood, and to impress fuel and transportation
in certain cases, was read a first time, and ordered to be read a second
time.
The following addition to the rules of the house, notice of which
had been given, was taken up and agreed to:
" There shall be a standing committee on public printing, to whom
shall be referred all questions of printing not otherwise ordered by
the house. It shall be the duty of said committee to examine all ac¬
counts for printing annually, and to make such reports and recom¬
mendations thereon as it may deem necessary and proper."
No. 19. A senate bill entitled an act to reorganize the militia,
being the order of the day, was taken up.
Mr. Bouldin moved to amend the bill in the 36th section, by
striking out the following words in the beginning of the section:
"The following acts and parts of acts are hereby repealed," and in¬
sert "Sj mncli of. the following acts and parts of acts as may con¬
flict with the provisions of this act, are hereby repealed ;" and the
question being on agreeing thereto, was put and decided in the ne¬
gative.
Mr. Deverle submitted the following resolution :
Resolved, Tliat the bill under consideration be referred to a select
committee, with instructions to revise the 36th section (repealing
clause); and the question being on agreeing thereto, was put, and de¬
cided in the negative.
Mr. Richardson moved to amend the bill, by striking out the 36th
section, as follows:
"36. The following acts and parts of acts are hereby repealed:
The 22d chapter of the Code (edition 1S60); the 23d chapter of the
Code, except sections 21,22,23, 24 25 and 26; the 1st, 3d, 4th, 5th,
6th, 12th, 13th, 17th and 20th sections of the 24th chapter of the
16
122
JOURNAL OF THE
Code ; the 25th chapter of the Code ; the 2Gth chapter of the Code;
the I2tlisection of chapter 27 of the Code; chapter 28 of the Code;
the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 10th, 12th, 13th and 14th sections
of the 29th chapter of the Code; the 1st, 2d, Gth, 13th, 14th, 15th,
22d, 23d, 24th and 25th sections of chapter 30 of the Code, and the
31st chapter of the Code; an act amending certain laws respecting
the militia of the commonwealth, so as to render them more efficient,
passed March 23d, 18G1; an ordinance for the protection of property
in counties of the state not actually invaded, passed June 24th, 1861;
an ordinance to amend an ordinance passed May 1st, 1861, concern¬
ing persons exempt from military duty, passed June 26,1861; an act
for ascertaining and enrolling the military forces of the common¬
wealth, passed February 8th, 1862 ; an act to raise troops to meet
the requisition on Virginia by the president of the Confederate States,
passed February 10th, 1862 ; an act to authorize the governor to or¬
ganize and call out' certain military forces for the defence of the state,
passed March 7th, 1862; and the 3d, 4th, 5th, 6th and 7th sections
of an act amending and re-enacting an act amending and re-enacting
the 2d section of chapter 22 of the Code of Virginia, respecting per¬
sons exempt from military duty, passed October 1st, 1862," and in¬
serting the following:
"The existing laws governing the militia organization of this state
shall not be held to apply to or affect the organization created by
this act."
Mr. Hall moved to amend the amendment, by striking out the
amendment, and inserting in lieu thereof, "All acts and parts of acts
inconsistent with, the provisions of this act, are hereby repealed;"
and the question being on agreeing thereto, was put, and decided in
the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Richardson, Mr. Rowan demanded the previous question;
which was sustained by the house; and being put, was decided in
the negative.
Mr. Hall moved further to amend the bill, by striking out the
36th section; and the question being on agreeing thereto, Mr..An¬
derson demanded the previous question; which .was sustained by
the house; and being put, was decided in the negative.
Mr. Haymond of Marion moved further to amend the bill, by in¬
serting as an independent section the following (to come in after the
35th section):
"Be it further enacted, that when two regiments or%iore shall be
called into service under the provisions of this act, it shall be the
duty of the governor to tender such force so raised to the president
of the Confederate States, to enable that government to repel inva¬
sion, insurrection or rebellion within the limits of Virginia: pro¬
vided, however, that in no case shall they be held in service for a
longer period than that provided for in the 17th section of this act;
and the organization thereof shall continue, as is provided in this
act;" and the question being on agreeing thereto, was put, and de¬
cided in the negative—Ayes 16, noes 73.
HOUSE OP DELEGATES.
123
On motion of Mr. Anderson, the vote was recorded as follows:
Ayes—Messrs. Anderson, Bland, Burwell, Cresap, Hall, T. S. Haymond, Holden, Hor-
ton, Huntt, Huteheson, Lurty, Morgan, J. A. Robinson, Rutherfoord, R. F. Taylor and
Welsh—16.
Noes—Messrs. Sheffey (speaker), Barksdale, Bonldin, Bowen, Branch, Buford, Burnett,
Burr, Butler, ('rawford, Crockett, Deane, Deyerle, Dickey, Draper, Duval. Edwards,
English, Fletcher, W. o. Fry, Gilmer, Goodykoontz, Graham, Herndon, Hiett, Hoge,
James, J. B. Johnson, Jones, Kaufman, Keiley, Kenney, Kindrick, Linkous, Lively,
Lundy, Maguire, Magruder, Marr, Mathews, McCue, McElroy, McMillan, McNeil, Meade,
Melvin, Millet, Monroe, Patterson, Pendleton, Pitman, Pretlow, Powell, Reid, Richardsont
Riddick, Robertson, Rowan, Rust, Sherrard, Smith, Staples, T. W. Taylor, Thomas, Tredway,
J. Walker, Walton, R J. White, J. L. Wilson, S. M. Wilson, Winn and Worsham—73.
The question being—Shall the bill be read a third time? Mr. Hay-
toond demanded the previous question; which was sustained by the
housed and being put, was decided in the affirmative.
The bill was then read a third time, and the question being—Shall
the bill pass? Pending the consideration thereof,
On motion of Mr. Rowan, the house adjourned until to-morrow,
11 o'clock.
TUESDAY, October 13, 1863.
Prayer by Rev. Mr. Pettigrew of the Reformers church.
A communication from the senate, by their clerk, was read al
follows:
In Senate, Oct. 12, 1863.
The senate have disagreed to the amendments proposed by the
house of delegates to senate bill entitled:
An act to provide for the payment of certain claims against the
Eastern lunatic asylum, No. 22.
They have passed bills entitled:
An act to authorize the arrest of deserters by the civil authorities,
No. 35.
An act to arm and equip the militia, No. 38.
In which bills they respectfully request the concurrence of the
house of delegates.
The following senate bills were read a first and second times, and
referred to the committee on military affairs:
No. 35. A senate bill entitled an act to authorize the arrest of
deserters by the civil authorities.
No. 38. A senate bill entitled an act to arm and equip the militia.
The disagreement of the senate to the amendments proposed by
the house of delegates' to senate bill entitled an act to provide for the
payment of certain claims against the Eastern lunatic asylum, was
taken up, and the question being—Will the house insist upon their
amendments? on motion of Mr. Haymond of Marion, the bill and
amendments were referred to the committee on finance.
Mr. Rutherfoord, from the committee for courts of justice, to
whom was referred
124
JOURNAL OP THE
No. 17. A senate bill entitled an act to suspend proceedings ill
certain cases, and on executions, attachments, distress warrants, trust
deeds and other demands in cases of refusal to receive payment in
currency received in payment to the state, and to repeal the act
passed March 29, 1862, entitled an act to suspend sales and legal pro¬
ceedings in certain cases, reported life same with amendments.
Mr. Bouldin, from the committee on finance, presented the fol¬
lowing bill:
No. 67. A bill concerning omitted taxes and erroneous assessments.
Mr. Bouldin, from the same committee, presented the following
reports:
An adverse report to a resolution enquiring into the expediency of
making some provision for the support of such of the poor t»f the
commonwealth as have been driven from their homes by the enemy,
and have located in other cities and counties of this state.
An adverse report to a resolution enquiring into the expediency of
exempting from taxation those counties of the state which have been
or are now occupied by the public enemy.
An adverse report to a resolution enquiring into the expediency of
making an appropriation for the support of the families of soldiers
left within the lines of the enemy.
A report asking to be discharged from the further consideration of
a resolution enquiring into the expediency of opening a correspon¬
dence between this state and the other Confederate States of America,
fis to the propriety of issuing state bonds to the amount of the out¬
standing treasury notes of said Confederate States, in proportionate
sums, according to the population and property of each, with the
view of absorbing the same, and with the further view of recom¬
mending to the government of the Confederate States the inaugura¬
tion of a system of taxation in the future, for the support of the
government, military and civil, according to estimates to be made by
its executive to the congress thereof annually, and that the same be
referred to the committee on confederate relations; which was con¬
curred in.
Mr. Crockett, from the committee on lunatic asylums, presented
the following bills:
No. 6S. A bill to meet the deficiency in the ordinary appropriation
for the support of the Central lunatic asylum; which was read a first
time, and ordered to be read a second time.
No. 69. A bill abolishing the board of visitors of the Eastern
lunatic asylum.
Mr. Anderson, from the committee on military affairs, presented
the following bill:
No. 70. A bill to encourage the formation of volunteer navy com¬
panies in the state of Virginia; which was read a first time, and
ordered to be read a second time.
The Speaker laid before the house the following communication
from the governor:
HOUSE OF DELEGATES.
125
Executive Department,
Richmond, Fa., Oct. 13, 1SG3.
Gentlemen of the Senate
and House of Delegates:
Another young and gifted son of Virginia lias
fallen in defending the honor of liis native state, and in upholding
the cause of the Confederacy. Prior to the opening of the war,
Captain William B. Newton represented the county of Hanover in
the house of delegates with distinguished ability, and ftis political
career gave assurance of great future distinction. His conduct du¬
ring the war has been marked by gallantry, courage and devotion to
the qiuse. In private life he was amiable, courteous and gentle¬
manly. His character for honor, integrity and virtue, public and
private, was irreproachable. When such men die, it is proper that
their names and services should be held in grateful remembrance;
that their virtues should be held up before the rising generation for
emulation, and that their memories should be enshrined in the hearts
of their countrymen.
Respectfully,
John Letcher.
On motion of Mr; Cowan,
Resolved unanimously, that the communication from the governor
be entered upon the journal of the house, and that the clerk be re¬
quested to enclose a copy to the family of the deceased.
No. 44. 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. Deyerle,
and read a second time.
Mr. Anderson (for Mr. Wilson of Norfolk) presented a substitute
to the bill, by way of amendment; and on motion, the bill and amend¬
ment were laid on the table, and the substitute ordered to be printed.
On motion of Mr. Barksdale,
Resolved, that the committee for courts of justice enquire into the
expediency of providing for proceedings against persons residing
within the enemy's lines, by publication, as in cases of non-residents.
Mr. English presented the memorial of citizens of Henrico, pray¬
ing the passage of a special act to raise a mounted' corps for the de¬
fence of their county ; which was ordered to be referred to the com¬
mittee on military affairs.
The hour having arrived for the consideration of the order of the
day,
No. 19. A senate jpill entitled an act to reorganize the militia, be-
, ingthe order of the day, was taken up; and the question being—
Shall the bill as amended pass? Mr. Cowan demanded the previous
question ; which was sustained by the house, and being put, was-de¬
cided in the affirmative—Ayes SS, noes 15.
Ayes—Messrs. Skeffey (speaker), Amlters, Anderson, Barksdale, Bland, Bouldin,
Bowen, Branch, Bryan, Buffington, Buford, Burnett, Burr, Butler, Burwell, C<>ke, Cowan,
Crawford, Cresnp, Crockett, Custis, Deane, Deyerle, Dickey, Draper, Duval, Edwards,
English, Ferguson, A. Fry, W. O. Fry, Gilmer, Goodall, Goodykoontz, Graham, T. S. Hay-
126 JOURNAL OP THE
mond, Herndon, Hiett, Holden, Horton, Hughes, Huntt, Irving, James, J. B. Johnson, W.
Johnson, Jordan, Keiley, Linkous, Lundy, Lurty, Maguire, Magruder, Mathews, McCue,
MeKinney, McMillan; McNeil, Meade, Melvin, Morgan, Nighbert, Parramore, Pendle¬
ton, Pitman, Powell, Reid, Rixey, J. A. Robinson, Rowan, Rutherfoord, D. J. Saunders,
Scott, Sherrard, Snowden, R. F. Taylor, T, W. Taylor, Thomas, Thompson, Tomlin, Tred-
way, J. Walker, Walton, Ward, Welsh, R. J. White, S. M. Wilson and Woodley—88.
Noes—Messrs. Fletcher, Hall, Jones, Kindrick, McfcLroy, Miller, Monroe, Mullens,
Pretlow, Smith, Staples, Stewart, J. L. Wilson, Worsham and Wright—15.
Ordered, that Mr. Anderson carry the same to the senate, and re¬
quest their concurrence.
The folloWing senate bills were read a third time and passed:
No. 12. An act incorporating the Virginia volunteer navy com¬
pany.
No. 29. An act to repeal so much of the act passed February
15th, 1853, as exempts the white male citizens of the county of
King George, of forty-five years and upwards, from working on the
public roads in that county.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Jones, the house adjourned until to-morrow, 11
o'clock.
WEDNESDAY, October 14, 1S63.
•
Prayer by Rev. Mr. Pettigrew of the Reformers church.
A communication from the senate, by their clerk, was read ,as
follows:
In Senate, Oct. 13, 1863.
The senate have agreed to the amendments proposed by the house
of delegates to senate bill entitled:
An act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th
sections of chapter 14; the 14th section of chapter 21; the 27th
sectioibof chapter 23, and the 10th section of chapter 66 of the Code
of Virginia (edition of 1860), so as to increase the salaries of certain
officers of the government, No. 13.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. 71. A bill to incorporate the Virginia female institute of the
city of Richmond.
Mr. Bouldin, from the committee on finance, to whom had been
referred
No. 22. A senate bill entitled an act to provide for the payment
of certain claims against the Eastern lunatic asylum, with the amend¬
ments thereto proposed by the house of delegates, and disagreed to¬
by the senate, reported the same, with a recommendation that the
house insist upon its amendments.
Mr. Burwell, from the committee of roads and internal naviga¬
tion, presented the following:
No. 27. A bill to provide for the construction and equipment of
the Covington and Ohio rail road.
HOUSE OF DELEGATES.
127
Mr. Burwell, from the same committee, to whom had been re¬
ferred a resolution enquiring into the expediency of compelling by
law the agents of the Virginia and Tennessee rail road at Saltville to
give receipts for salt, presented a report, asking to be discharged from
the further consideration of the subject.
Mr. Burwell, from the shme committee, to whom had been re¬
ferred a resolution enquiring into the failure of the Richmond and
Danville rail road to connect with the South side rail road, presented
a report, asking to be discharged from the further consideration of
the subject.
On motion of Mr. Bouldin,
Resolved, that the committee on finance be instructed to enquire
into the expediency of reporting a bill by which the compensation of
the governor may be made to approximate the salary prescribed by
the constitution.
On motion of Mr. Baker,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a bill authorizing the governor to import a
supply of shoes and blankets for the use and benefit of the Virginia
troops in the confederate army.
On motion of Mr. Snowden,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending the Code as to authorize the sale of any
free negro who, since the commencement of the war, shall have aided
and assisted any slave to escape from his owner, or who shall here*-
after aid and assist any slave to escape; the proceeds of such sale to
be applied to the indemnity of the owner of such slave for the loss
of his slave, or for any property carried off by such slave.
No. 24. A senate bill entitled an act to abolish the auditing board,
and to provide for the settlement of all claims remaining unsettled
by said board, was read a third time, and on motion, indefinitely
postponed.
No. 28. A senate bill entitled an act to repeal so much of the
ordinance of the convention of April 24th, 1861, as provides for a
pay department of Virginia forces, was taken up, amended, and as
amended, read a third time and passed—Ayes 93, noes 9.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Barksdale,Bouldin, Bianch,
Bryan, Buffington, Burr, Burwell, Chalmers, Coke, Cowan, Crawford, Cresap, Crockett,
Dickey, Draper, Duval, Edwards, English, Ferguson, Flood, W. O. Fry. Gilmer, Goodall,
Goodykoontz, Graham, T. S. Haymond, Hemdon. Holden, Horton, Hughes, Huntt, Hutche-
son, James, J. B. Johnson, Jones, Jordan, Keiley, Kenney, Kindrick, Linkous, Lundy,
Lurty, Magruder, Maguire,Marr, MeCue, McElroy, McKinney, McMillan, Meade, Melvin,
Miller, Morgan, Mullens, R. E. Nelson, Parramore, Patterson, Pendleton, Pitman, Eeid,
Richardson, Riddick, Robertson. J. A. Robinson, Rust, Kutherfoord, D. J. iSaunders, F.
Saunders. Scott, Shackleford, Shelton, Sherrard, Smith, Snowden, Staples, Stewart, R. F.
Ta> lor, T. W. Taylor, Thomas. Thompson, Tredway, J. Walker, Walton, Ward, Welsh,
J. L. Wilson, S. M. Wilson and Worsham—93.
Noes—Messrs. Buford, Hendrick, Hiett, Irving, W. Johnson, Monroe, Powell, Rowan
And Tomlin—9.
Ordered, that the clerk communicate the same to'the senate, and
request their concurrence.
Mr. Burr presented the petition of C. Y. Morris, president of the
James river canal packet company, remonstrating against the passage
128
JOURNAL OF THE
of an act allowing the James river and Kanawha company to regu¬
late tolls on the James river and Kanawha canal; which was ordered
to be laid on the table.
No. 50. A bill amending and re-enacting the Gth, 7th, 0th and
10th sections of the 14th chapter of the Code of Virginia (edition of
1800), was taken up, on motion of Mr. Marye, and read a second
time.
Mrs Deyerle moved the indefinite postponement of the bill; and
the question being on agreeing thereto, Mr. Rutherfoord demanded
the previous question; which was sustained by the house; and bejng
put, was decided in the negative.
The bill was then amended, and as amended read a second time,
and ordered to be engrossed and read a third time.
No. 39. A bill to define and punish the offences of forestalling, re-
grating and engrossing, and to regulate and restrict the intermediate
employment of capital between the producer and consumer, was
taken up, on motion of Mr. Rutherfoord, and read "a second time,
amended, and as amended ordered to be engrossed and read a third
time.
The following bills were read a second time, and ordered to be
engrossed and read a third time:
No. 31. - A bill authorizing the board of public works, acting as a
board of supervisors tor the production and distribution of salt, to
modify the contract of lease between Stuart, Buchanan & Co. and
Thomas R. Friend.
No. GO. A bill allowing the Petersburg Con manufacturing com¬
pany to hold not more than 20,000 acres of laud at any one time.
No. 02. A bill to authorize the governor to hire free negro and
slave convicts to work in coal pits.
No. 22. A senate bill to provide for tl c payment of certain claims
against the Eastern lunatic asylum, with the amendments thereto
proposed by the house of delegates, and disagreed to by the senate,
was taken up, and on motion of Mr. Ct stis, indefinitely postponed.
No. 43. An engrossed bill to authorize the sale of Capon springs,
was taken up, on motion of Mr. Ward, read a third time and puf-sed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Pitman submitted the following resolution:
Resolved, that this house do meet at 10 o'clock A. M., and con¬
tinue in session until 3 o'clock P. M., unless otherwise ordered;
which, being objected to, was laid over under the rule.
,On motion of Mr. James,
Resolved, that the committee on finance enquire into the expe¬
diency of reporting a bill amending an act passed the 13th of Octo¬
ber 1SG3, increasing the salaries of certain officers of government.
On motion of Mr. Walker of Augusta, the chair was vacated
until 8 o'clock.
HOUSE OF DELEGATES.
129
EVENING SESSION.
The Speaker announced the following standing committee on •
printing, under a rule recently adopted: Messrs. Pendleton, Walton,
Rowan, English, Saunders of Richmond, Chalmers, Branch, Fergu¬
son, Scott, Maguire, Coke, Winn, Woodley, McNeil and Hiett.
On motion of Mr. Bouldin, the rule was suspended, with the view
to reconsider the vote by which
No. 39. A bill to define and punish the offences of forestalling,
regrating and engrossing, and to regulate and restrict the interme¬
diate employment of capital between the producer and consumer,
was ordered to its engrossment.
^Mr. Bouldin submitted an amendment to the bill. Pending the
consideration of which,
On motion of Mr. Bouldin, the bill was laid on the table.
No. 15. A senate bill entitled an act declaring what contracts shall
be payable in currency, was read a third time and passed.
No. 27. A senate bill entitled an act requiring rail road and canal
companies to transport troops and munitions of war without the
right to demand prepayment of fare, was taken up, and on motion
of Mr. McCue, laid on the table.
No. 23. A senate bill entitled an act to authorize the transfer of
causes from courts which cannot be held by reason of the presence
or proximity of the public enemy, to other circuit courts not so
situated, was taken up, and on motion of Mr. Wilson of Isle of
Wight, laid on the table.
No. 25. A senate bill entitled an act to amend and re-enact the
first section of chapter 80 of the Acts of 1S6L-2, entitled an act to
provide for the trial of persons charged with offences committed in
counties in the possession of the eneiny, or threatened w7ith imrne-.
diate invasion, passed March 27th, 1802, and to repeal the act amend¬
ing the same, passed October 4th, 1SG2, was taken up, and on motion
of Mr. Wilson of Isle of Wight, laid on the table.
No. 17. A senate bill entitled- an act to suspend proceedings in
certain cases, and on executions, attachments, distress warrants, trust
deeds'and other demands, in cases of refusal to receive payment in
currency received in payment to the state, and to repeal the act
passed March 29th, 1SG2, entitled an act to suspend sales and legal
proceedings in certain cases, was taken up, and on motion of Mr.
Magruder, laid on the table.
No. 15. A senate bill entitled an act to suppress gaming, with the
amendments thereto proposed by the committee for courts of justice,
was taken up and read a second time.
The amendments were agreed to.
Mr. Hall moved to amend the bill, by inserting (in addition to the
punishment affixed in the bill for exhibiting any game prohibited by
the act) "and shall receive thirty-nine lashes, well laid on, on his
bare back, at the public whipping post;" and the question being on
agreeing thereto, was put, and decided in the affirmative.
17
130
JOURNAL OF THE
Mr. Rowan moved further to amend the bill, by adding as an in¬
dependent section the following:
"Be it further enacted, that any free white person who shall play
at any game of cards for money, shall receive the same punishment;"
and the question being on agreeing thereto, was put, and decided in
the negative.
The bill was then read a third time; and the question being—Shall
the bill pass? was put, and decided in the affirmative—Ayes £9,
noes 10.
On motion of Mr. Flood, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Anderson, Baker, Barksdale, Bland, Bouldin, Bowen,
Branch, Bryan, Buffing-ton, Buford, Burnett, Burr, Chalmers, Crawford, Crockett, Deycrle,
Douthat, Draper, Duval, Edwards, Ferguson, Flood. W. O. Fry, Gilmer, Goodykoontz,
Graham, Hall, T. S. Haymond, Herndon, Hiett, Holden, Horton, Hutcheson, Irving, J. B.
Johnson, W. Johnson, Jordan, Kenney, Kiudrick, Lundy, Magruder, Marr, Marye,
Mathews, McCue, McElroy, McMillan, Melvin, Morgan, Mullens, Nighbert, Pendleton, Pit¬
man, Reid, J. A. Robinson, Shackleford, Snowden, Staples, Stewart, T. W.Taylor, Thomp¬
son, Tredway, J. Walker, Walton, Welsh, R. J. White, J. L. Wilson and Winn—69.
Noes—Messrs. Custis, James, Jones, Linkous, Monroe, Pariamore, Rowan, Sherrard,
Smith and R. F. Taylor—10.
On motion of Mr. Haymond of Marion, the house adjourned until
to-morrow, 11 o'clock.
THURSDAY, October 15, 1863.
Prayer by Rev. Mr. Pettigrew of the Reformers church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 14, 1863.
The senate have passed a bill entitled:
An act to repeal the act passed March 5th, 1862, entitled an act
to authorize the issue of registered certificates of state stock to Dr.
Peter F. Brown, in lieu of two lost bonds, No. 41.
In which they respectfully request the concurrence of the house
of delegates.
No. 41. A senate bill entitled an act to repeal the act passed
March 5th, 1862,' entitled an act to authorize the issue of registered
certificates of state stock to Dr. Peter F. Brown, in lieu of two lost
bonds, was read a first and second times, and referred to the commit¬
tee on finance.
Mr. Ambers, from the committee of roads and internal navigation,
presented the following bill;
No. 73. A bill to amend an act entitled an act to regulate the
toll for passing Mayo's bridge, passed March 12th, 18-35.
Mr. Burwell, from the same committee, to whom had been re¬
ferred a resolution enquiring into the expediency of prohibiting ex¬
press companies from transporting any goods, wares or merchandise
belonging to such companies, and to protect the state from any mo¬
nopoly or injustice which such companies entail, presented a report,
asking to be discharged from the further consideration of the subject.
HOUSE OP DELEGATES.
131
No. 39. A bill to define and punish the offences of forestalling,
regrating.and engrossing, and tp regulate and restrict the interme¬
diate employment of capital between the producer and consumer,
was taken up, on motion of Mr. Bouldin, and on his motion, recom¬
mitted to the committee for courts of justice.
Mr. Bouldin, from the committee for courts of justice, presented
ihe following bills:
No. 74. A bill to provide for the preservation of the records of the
county of Warwick.
No. 75. A bill amending and re-enacting the 10th section of chap¬
ter 170 of the Code of Virginia (edition of 1860).
No. 76. A bill to amend and re-enact the act passed October 1st,
1863, entitled an act to amend the act passed February 13th, 1S62,
entitled an act to amend section 14 of chapter 163 of the Code, in
relation to the removal of the records and papers of courts.
Mr. Anderson, from the committee on military affairs, to whom
had been referred
No. 35. A senate bill entitled an act to authorize the arrest of de¬
serters,by the civil authorities, reported the same with amendments.
Subsequently, the amendments were agreed to, and the bill read a
third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence, <
Mr. Anderson, from the same committee, to whom had been
referred
No. 38. A senate bill entitled an act to arm and equip the militia,
reported the same with a substitute therefor by way of amendment.
Subsequently, the substitute was agreed to, and the bill as amended
read a third time and passed—Ayes 100.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Barksdale, Bland, Bouldin,
Bowen, Branch, Bryan, Bufftpgton, Buford, Burr, Burwell, Chalmers, Coke, Crawford,
Cresap, Crockett, Deyerle, Dickey, Douthat, Draper, Duval, English, Ferguson, Flood,
W. O. Fry, Gilmer, Goodall, Goodykoontz, T. S. Haymond, Hendrick, Herndon, Hiett,
Holden, Horton, Huntt, Hntcheson, Irving, James, J. B. Johnson, W. Johnson, Jones, Jor¬
dan, Keiley, Kenney, Kind rick, Linkous, Lundy, Magruder, Marr, Marye, Mathews, Mc-
Cue, McElroy, McKinney, McMillan, McNeil, Melvin, Miller, Monroe, Morgan, Mullens,
R. E. Nelson, Nighbert, Parramore, Patterson, Pitman, Randolph, Reid, Riddick, Robert-
Bon, I. Robinson, J. A. Robinson, Rust, D J. Saunders, Scott, Shackleford, Shelton, Sherrard,
Snowden, Staples, R. F. Taylor, T. W. Taylor, Thompson, Tomlin, Tredway, J. Walker,
Walton, Waj'd, Welsh, R. J. White, J. L. Wilson, S. M. Wilson, Winn, Woodley, Wool-
folk and Worsliam—100.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Anderson, from the same committee, to whom had been re¬
committed the memorial of the Society of Friends, presented a re¬
port, asking to be discharged from the further consideration of the
same.
Mr. Buford, from the committee on banks, reported the following
bill:
No. 77. A bill to amend the charter of the bank of Rockbridge j
which was read a first tifne, and ordered to be read a second time.
Mr. Buford, from the same committee, presented a report on the
132
JOURNAL OF THE
subject of the currency, with a plan proposed for the reform thereof;
which was laid on the table and ordered to be printed. Doc. No. 14.
No. 30. A bill to protect the treasury notes of the Confederate
States from improper appreciation, by restricting the sale or exchange
thereof at less than their nominal value, and the exportation of coin
and other state currency to foreign states, was taken up, on motion
of Mr. BuFORDj and read a second time.
Mr. Morgan submitted the following as an independent section:
" That the gov<a»pr be respectfully requested to communicate the
passage of this ac^o the executives of the other states of the Con¬
federacy, and ask them to recommend to their respective legislatures
the adoption of similar legislation upon this subjectand the ques¬
tion being on agreeing thereto, was put, and decided in the affirmative.
The question being—Shall the bill be engrossed and read a third
time ? Mr. Haymond of Marion demanded the previous question;
which was sustained by the house; and being put, was determined
in the affirmative.
No. 51. A bill amending and re-enacting section 20, chapter 14 of
the Code of Virginia, giving additional mileage to members of the
general assembly, was taken up, on motion of Mr. Jones.
Mr. Pendleton moved to amend the bill, by striking out the en¬
tire bill, and inserting the following:
"Whereas the compensation fixed by law as the per diem of mem¬
bers of the general assembly is payable in specie; and whereas it is
impracticable to pay the same at present, as contemplated by law,
and it is but just that a fair equivalent should be provided in cur¬
rency, so as to meet, if practicable, the necessary expenses of mem¬
bers, many of whom, in consequence of their exile and the destruc¬
tion of their property by the public enemy, have no other means of
support: and whereas the general assembly of Virginia did, in 17S1,
under similar circumstances produced by the first revolution, provide
for commutation of the specie compensation in currency: Therefore,
1. Be it enacted by the general assembly, that it shall be the duty
of the auditor of public accounts of this state to pay to each mem¬
ber of the general assembly $ in currency for each $4 that may
become due and payable as per diem under the existing laws; such
commutation to take effect from the first day of the present session,
and to continue during the existing war, unless otherwise ovdered by
the general assembly.
2. This act shall be in force from its passage."
The question being on agreeing thereto, was put, and decided in
the affirmative.
The bill as amended was read a second time, and ordered to be
engrossed and read a third time.
A message was received from the senate by Mr. Newman, who in¬
formed the house of delegates that the senate had agreed to the
amendments proposed by the house of delegates to senate bill enti¬
tled an act to suppress gaming, with amendments: in which they
respectfully requested the concurrence of the house of delegates.
HOUSE OF DELEGATES.
133
On motion of Mr. Edwards,
Resolved, that the committee on military affairs enquire into the
expediency of reporting a joint resolution instructing our senators
and requesting our representatives in the congress of the Confederate
States to use their efforts to procure the passage of a law requiring
commutation to be made to soldiers of such portion of rations as are
not issued in kind, and are now allowed by the published Regulations
of the war department.
The following engrossed bills were read a third.time and passed :
No. 1-5. A bill to provide for the appointmenlruf general agents
and storekeepers for counties and corporations.
No. 19. A bill for the relief of Washington Gf. Singleton, clerk of
the district court of the sixth judicial district—Ayes 91.
AYES—Messrs Sheffey (speaker), Ambers, Anderson, Baker, Barksdale, Bland, Bouldin,
Bowen, Branch, Bryan, Buffington, Burr, Burwell, Coke, Cowan, Crawford, Cresap,
Crockett, Dk'key, Douthat, Draper, Duval, Edwards, English,.Ferguson, Flood, W. O. Fry,
Gilmer, Goodall, Goodykoontz, Graham, T. S. Haymond, Hendrick, Herndon, Hietfc, Huge,
Holden, Horton, Huntt, Hutehcson, Irving, James, J. B. Johnson, W. Johnson, Jones,
Jordan, Keiley, Kenney, L'nkous, Lundy, Lurty, Magruder, Marye, Mathews, McCue, Mc-
Elroy, McKinney, McMillan, McNeil, Melvin, Miller, Monroe, Morgan, Mullens, R. E.Nel¬
son, Nighbert, Parramore, Patterson, Pendleton, Pitman, Pretlow, Randolph, Reid, Biddick,
Robertson, I, Robinson, J. A. Robinson, Rust, D. J. Saunders, Sliacklef'ord, Shelton, Sher-
rard, Snowden, Staples,. R. F. Taylor, T. W. Taylor, Thomas, Tornlin, Tredway, J. Walker*
"Walton, Ward, Welsh, R. J. White, J. L. Wilson, S. M. Wilson, Winn, Woodley, Wool-
folk, Worsham and Wright—91.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 31. An engrossed bill authorizing the board of public works,
actipg as a board of supervisors for the production and distribution
of salt, to modify the contract of lease between Stuart, Buchanan &
Co. and Thomas R. Friend, was read a third time and passed—
Ayes 89.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Barksdale, Bouldin, Bowen,
Branch, Biytin, Buffington, Burr, Burwell, Chalmers, Coke, Cowan. Crawfoid, Crockett,
Deyerle, Dickey, Douthat, Draper, Duval, English, Ferguson, Flood, W. O. Fry, Goodall,
Go. dykoontz, Graham, T. S. Haymond, Hendrick, Hietr, Holden, Horton, Huntt, Irving,
James, J. B. Johnson, W. Johnson. Jordan, Koiiey, Kenney, Kindrick, Linkous, Lundy,
Lurty, Magruder, Marr, Marye. Mathews, McElroy, McKinney, McNeil, Melvin, Miller,
Monroe, Morgan, Mullens, R. E. Nelson, Nighbert, Patterson, Pendleton, Pitman. Reid,
Richardson, Kiddick, Robertson, J. A. Robinson, Rowan, Rust, D. J. Saunders, Shackle-
ford, Shelton, Sherrard, Snowden, Staples, Stewart. K. F. Taylor, T. W. Taylor, Thomp¬
son, Tornlin, Tredway, J. Walker, Walton, Ward, J. L. Wilson, S. M. Wilson, Winn,
Wooliblk and Worsham—89.
Ordered, that Mr. Bouldin carry the same to the senate, and re¬
quest their concurrence.
No. 50. An engrossed bill amending and re-enacting the 6th, 7th,
9th and J 0th sections of the Code of Virginia (edition of 1860), was
taken up and read a third time.
The 1st, 2d, 3d, 4th, 5th, 6th and 7th blanks in the bill were filled.
Pending the further consideration of which,
Mr. Cowan moved that the house adjourn ; anil the question be¬
ing on agreeing thereto, was put, and decided in the negative—Ayes
36, noes 41.
On motion of Mr. Pendleton, the vote was recorded as follows :
134
JOURNAL OF THE
Ayes—Messrs. Sheffey (speaker), Ambers, Bland, Buffington, Burr, Burwell, Chalmers,
Cowan, Duval, Ferguson, Graham* T. S. Haymond, Herndon, Hiett, Hoge, Holden, Huntt,
Hutcheson, W. Johnson, Jones, Linkous, McElroy, Monroe, R. E. Nelson, Pitman, Rid-
diek, I. Robinson, J. A. Robinson, Sherrard, Snowden, Stewart, Tomlin, J. Walker, Ward,
Welsh and S. M. Wilson—3d.
Noes—Messrs. Anderson, Baker, Barksdale, Bouldin, Bowen, Branch, Crawford, Cresap,
Custis, Deyerle, Dickey, Douthat, Draper, Edwards. Flood, Hall, Horton, James, Jordan,
Kenney, Kindrick, Lurty, Marr, Marye, MeCue, McMillan, Melvin, Miller, Mullens. Nigh-
bert, Patterson, Pendleton, Reid, Rowan, Rust, Staples, R. F. Taylor, T. W. Taylor,
Thompson, R. J. White and Winn—41.
The hour of 3 o'clock having arrived, the chair was vacated until
8 o'clock P. M.
EVENING SESSION.
On motion of Mr. Wilson of Isle of Wight,
Resolved, that the committee on finance enquire into the expediency
of reporting a bill for the relief of the sheriff of the county of Isle
©f Wight, for failure to collect taxes for the year 1862.
No. 50. An engrossed bill amending and re-enacting 6th, 7th, 9th
and 10th sections of the 14th chapter of the Code of Virginia (edi¬
tion of 1860), being the unfinished business of the morning session,
was taken up.
The remaining blank was then filled.
Mr. Ward submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a third time;
and the question being—Shall the bill pass? on motion of Mr. Mc-
Cue, the bill was laid on the table.
No. 49. A bill for the protection of sheep and to increase the
growth of wool, was taken up, on motion of Mr. McCue, and read a
second time.
The bill was then amended.
Mr. Gilmer submitted an amendment to the bill. Pending the
consideration of which,
On motion of Mr. Deyerle, the house adjourned until to-morrow,
11 o'clock.
FRIDAY, October 16, 1863.
Prayer by Rev. Mr. Pettigrew of the Reformers church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 15, 1863.
The senate have passed bills entitled :
An act to supply deficiencies in the appropriation for the support
of the Central lunatic asylum, No. 43; and an act to enlarge the
powers of the common council of the city of Petersburg, No. 45.
In which they respectfully request the concurrence of the house
of delegates.
HOUSE OF DELEGATES.
135
No. 43. A senate bill entitled an act to supply the deficiencies in
the appropriation for the ■support of the Central lunatic asylum, was
read a first and second times, and referred to the committee on lunatic
asylums.
No. 45. A senate bill entitled an act to enlarge the powers of the
common council of the city of Petersburg, was read a first and
second times, and on motion of Mr. Keiley, read a third time and
passed.
Ordered, that the clerk inform the senate thereof.
The amendments proposed by the senate to the amendments pro¬
posed by the house of delegates to senate bill entitled an act to sup¬
press gaming, No. 34, were taken up.
The question being on agreeing to the amendment proposed by
the senate to the amendment proposed by the house, to strike out
"and shall receive on his bare back, well laid on, thirty-nine lashes,"
and insert "may, at the discretion of the court, be subjected to
stripes on his bare back, not exceeding thirty-nine," was put, and
decided in the affirmative—Ayes 56, noes 45.
On motion of Mr. Pendleton, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Bryan, Burwell, Coke, Cowan, Custis, De-
yerle, Dickey, Draper, Duval, English, Ferguson, Giliner, Goodall, Goode, Goodykoontz,
Hall, T. S. Haymoud, Hendrick, Herudon, Hiett, Holden, Horton, Huntt, James, Jones,
Jordan, Lurty, Marr, McNeil,*Miller, Monroe, Nighbert, Patterson, Powell, I. Robinson,
Rowan, Rust, Shackleford, tjhelton, Sherrard, Smith, Snowden, Staples, Stewart, R. F.Tay¬
lor, Tredway, J. Walker, Ward, Welsh, J. L. Wilson, Winn, Woodley, Woolfolk and Wor-
eham—55.
Noes—Messrs. Anderson, Baker, Barksdale, Bouldin. Bowen, Branch, Buffington, But¬
ler, Chalmers, Crawford, Cresap, Crockett, Douthat, Edwards, Flood, W. O. Fry, Graham,
Hoge, Hutcheson, W. Johnson, Keiley, Kindrick, Magruder, Mathews, McCue, McElroy,
McKinney, McMillan, Melvin, Morgan, R. E. Nelson, Parramore, Pendleton, Pitman, Pret-
low, Reid, Riddick, D. J. Saunders, Scott, T. W. Taylor, Thompson, Tibbs, Tomlin, Wal¬
ton and K. J. White—45.
The remaining amendment was agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Bouldin, from the committee on finance, to whom had been
referred
No. 41. A senate bill entitled an act to repeal the act passed
March 5th, 1.S62, entitled an act to authorize the issue of registered
certificates of state stock to Dr. Peter F. Brown, in lieu of two lost
bonds, reported the same without amendment.
Mr. Bouldin, from the same committee, presented the following
bills:
No. 78. A bill refunding to John Nunan part of a license tax paid
by him; which was read a first time, and two-thirds concurring, read
a second time, and ordered to be engrossed and read a third time.
No. 79. A bill to amend and re-enact the 14th section of an act
entitled an act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and
,16th sections of chapter 14; the 14th section of chapter 21; the
27th section of chapter 23, and the 10th section of chapter 66 of
the Code of Virginia (edition of 1860), so as to increase the salaries,
of certain officers of the government; which was read a first time*
and ordered to be read a second time.
136
JOURNAL OF THE
Mr. Bouldin, from the same committee, presented the following
reports: *
An adverse report as to the expediency of relieving notary publics
from tax under the bill of the last session on that subject.
An adverse report as to the expediency at this time of amending
the 13th section of an act passed 28th of March 1863, entitled an
act imposing taxes for the support of government, so as to increase
the rate of taxation from ten to fifty per centum, or such other rate
as they may deem expedient.
An adverse report as to the expediency at this time of taxing all
notes, bonds and other securities for which the holder refuses to re¬
ceive confederate money as so much gold at its market value.
An adverse report as to the expediency of amending the 7th sec¬
tion of chapter 107 of the Code of Virginia, so as to provide for the
imposition of a tax not less than two dollars and fifty cents upon
seals attached to the registers of negroes.
An adverse report as to the expediency of so amending the exist-,
ing laws as to increase the fees of clerks, sheriffs and commissioners
of the revenue.
An adverse report as to the expediency of releasing from the pay¬
ment of all arrears arising from taxation, the counties which have
been overrun and permanently occupied by the enemy, and that the
said counties continue to be exempt from taxation so long as the
enemy shall continue to occupy the same.
An adverse report as to the expediency of permitting the South
side rail road compan}T to pay off its indebtedness to the state, or so
much thereof as it may be able out of its earnings to discharge.
A report asking to be discharged from the further consideration of
a, resolution of enquiry into the propriety of providing by law that
the passing of or dealing in any federal paper currency, shall be
punished by confinement in the penitentiary,-and that the traffic in
bank notes, gold and silver or other currency of Virginia, shall be
punished as a high misdemeanor, and also the propriety of prohibit¬
ing brokeiage in the state of Virginia.
An adverse report on the petition of Joseph Boisseau, asking to
be relieved of the payment of $950, overvalue of a slave purchased
by him at a sheriff's sale.
No. 51. An engrossed bill, to provide for additional .mileage to the
members of the geueral assembly, was taken up, on motion of Mr.
Pendleton* and read a third time.
The blank was then filled ; and the question being—Shall the bill
pass? Mr. Cowan demanded the previous question; which was sus¬
tained by the house; and being put, the roll was called, with the
following result—Ayes 61, noes 54.
Ayes—Messrs. Bland, Bryan, Buffington, Burr, Butler, Coke, Cowan, Crawford, Crcsap,
Crockett. Dickey, Doutliut, Duval, Edwards, Ferguson, Goodall, .Goodykoontz, Hall, T. S.
Haymond, Hemlock, Herndon, Hiett, Huge, Holden, Hughes, Huntt, Huteheson, James,
Jones, Keiley, Lurty, Murr, Marye, Miithews, McMillan, Melvin, Monroe, Morgan, Nigh-
bert, Parramore, Pitman, Pretlow, Randolph, Richardson, Riddick, Robertson, I. Robinson,
J. A. Robinson, Scott. Shackl-ford, Sherrard, Smith, Snowden, Stewart, T. W. Taylor,
Thomas, Thompson, Tilths, Welsh, J. L. Wilson, Woodley and Wright—61.
Noes—Messrs. Shcffey (speaker), Ambers, Anderson, Barksdale, Bouldin, Bowen,
HOUSE OF DELEGATES. 137
Brani-h, Buford, Burnett, Burwell, Chalmers, Custis, Deyerle, Draper, English, Flood, W.
0. Fry, Gilmer, Uoode, Graham, Horton, Irving, W. Johnson, Jordan, Kenney, Kindiick,
Linkous," Lundy, Magnider. MeCue, McElroy, McKinney, McNeil, Meade, Miller, R. E.
Nelson, Patters >n, Pendleton, Powell, Reid, D. J. Saunders, F. Saunders, Shelton, Staples,
R. F. Taylor, Tomlin,'l'redway, J. Walker, Ward, E. J. White, S. M. Wilson, Winn,
Wooltolk aud Worsharu—.r>4.
Thereupon, the Speaker declared the bill rejected.
On motion of Mr. Pendleton, the rule was suspended, with a
view to reconsider the vote by which the bill was rejected, and the
bill laid on the table.
No. 50. A bill amending and re-enacting the 6th, 7th, 9th and
10th sections of the 14th chapter of the Code of Virginia (edition of
I860), was taken up, on motion of Mr. Marye, and read a third time;
and the question being—Shall the bill pass? the roll-was called,
with the following result—Ayes 64, noes 24:
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Bavksdale, Bland, Bouldin,
Buffingtou, Burr, Butler, Burwell, Chalmers, Coke, Crawford, Duval, Edwards, English,
Ferguson, W. O. Fry, Gilmer, Goode, Goodykoontz, Hall, T. S. Raymond, Hendrick,
Hiett, Holden, Hutcheson, Irving, Jones, Keiley, Kenney, Lurty, Magrnder, Marr, Marye,
Mathews, McCue, McKinney, McNeil, Meade, Monroe, R. E. Nelson, Pitman, Powell, Ran¬
dolph, Reid, Richardson, Riddick, J. A. Robinson, Rust, D. J. Saunders, Sbackleford,
Sherrard, T. W. Taylor, Thompson, Tibbs, Tredway, Ward, J. L. Wilson, S. M. Wilson,
Wiun, Woodley and Wright—64.
Noes—Messrs. Bowen, Branch, Buford, Burnett, Deyerle, Dickey, Flood, Horton, W.
Johnson, Jordan, Kindrick, McElroy, Miller, Morgan, Patterson, F. Saunders, Smith,
Staples, R. F. Taylor, Tomlin, J. Walker, Walton, R. J. White and Woolfolk—24.
On motion of Mr. Staples, the rule was suspended, with a view
to reconsider the vote rejecting the bill, and the same was laid on the
table.
No. 49. A bill for the protection of sheep and to increase the
growth of wool, was taken up, on motion of Mr. McCue; and the
question being on the amendment heretofore submitted by Mr.
Gilmer, to strike out "shall" in the 3d section, and to insert "a
majority of the justices being first summoned," (so as to give the
county court discretion in taxing dogs); pending the consideration of
which,
On motion of Mr. Worsham, the house adjourned until to-morrow,
11 o'clock.
SATURDAY, October 17, 1863.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 16, ] S63.
The senate have passed house bill entitled :
An act authorizing the board of public works, acting as a board of
supervisors for the production and distribution of salt, to modify the
contract of lease between Stuart, Buchanan & Co. and Thomas R.
Friend, No. 31.
Mr. Anderson, from the committee on military affairs, to whom
had. been referred a resolution as to the expediency of authorizing the
18
138
JOURNAL OP THE'
governor to import shoes and blankets for Virginia soldiers in the
confederate army, presented a report asking to be discharged from
the further consideration of the subject.
Mr. Brooke, from the committee for courts of justice, presented
the following bill:
No. 80. A bill amending and re-enacting the 5th section of chap¬
ter J 84 of the Code of Virginia (edition of 1860).
On motion of Mr. Shackleford,
Resolved, that the committee on confederate relations be enlarged,
by the addition of three members.
The Speaker announced the following members as added to the
committee: Messrs. Marye, "White of Brooke and Hancock, and
Keiley.
Mr. Crockett, from the committee on lunatic asylums, to whom
had been referred
No. 43. A senate bill, entitled an act to'supply deficiencies in the
appropriation, for the Central lunatic asyluiti, reported the same with¬
out amendment.
The Speaker laid before the house a communication from the
governor, in relation to the request of the secretary of the treasury
that he should recommend to the general assembly to make an ap¬
propriation to pay the taxes to the confederate government upon to¬
bacco stored in the public warehouses, and declining to do so, with
accompanying documents; which were read, and on motion of Mr.
Burwell, laid on the table and ordered to be printed. Doc. No. 15.
The Speaker laid before the house the following letter from
Wyndham Robertson, Esq., resigning his seat as a member of the
house of delegates from the city of Richmond:
House op Delegates, Oct. 16, 1863.
Sir :
I beg leave hereby respectfully to resign my seat as a
member of this body.
I am, most respectfully,
Your obedient servant,
Wyndham Robertson.
Hon. H. W. Sheffey,
Speaker House of Delegates.
On motion of Mr. Burwell,
Resolved, that the committee on agriculture and manufactures be
instructed to enquire into the expediency of appointing a board of
manufacturers, charged, among other things, with causing to be es¬
tablished a public factory for the manufacture and distribution of
machinery, tools and implements proper for producing manufactures
of wool, cotton, metal or leather.
On motion of Mr. Johnson of Barbour,
Resolved, that the committee on finance enquire into the expe¬
diency of investing the surplus in the treasury in bonds of the Con¬
federate States, and report by bill or otherwise.
HOUSE OF DELEGATES.
139
No. 5t. An engrossed bill entitled an act to provide additional
mileage for members of the general assembly, was taken up, on mo¬
tion of Mr. Haymond, and read a third time; and the question be¬
ing—Shall the bill pass ? the roll was called, with the following re¬
sult—Ayes 67, noes 44.
Ayes—Messrs. Bland, Bryan, Buffington, Burr, Butler, Chalmers, Coke, Crawford,
Cresap, Crockett, Dickey, Douthat, Duval, Edwards, Ferguson, Goodall, Goodykoontz,
Hall, L. D. Haymond, T. S. Haymond, Hendrick, Herndon, Hiett, Hoge, Holden, Hughes,
Huntt, Hutcheson, James, Jones, Keiley, Linkous, Lurty, Maguire, Marr, Mathews, Mc-
Cue, McCutchen, McMillan, Melvin, Monroe, Morgan, Nighbert, Pitman, Pretlow, Ran-
dolph, Richardson, I. Robinson, Rowan, Rust, Scott, Shackleford, Shelton, Sherrard, Smith,.
Suowden, Stewart, T. W. Taylor, Thomas, Thompson, Tibbs, N. W. White, Williams, J.
L. Wilson, Woodley and Wright—67.
Noes—Messrs. Slieffey (speaker), Ambers, Anderson, Bouldin, Bowen, Branch, Brooke,
Buford, Burnett, Burwell, Cowan, Deane, Deyerle, Draper, English, Flood, W. 0. Fry,
Goode, Graham, Horton, Irving, W. Johnson, Jordan, Kenney, Kindrick, Lundy, Mu-
Elroy, McKinney, McNeil, Meade, Miller, Patterson, Reid, F. Saunders, Staples, ToinlinJ
Tredway, J. Walker, Walton, R. J.White, S. M. Wilson, Winn, Woolfolkand Worsham—44.
The Speaker thereupon declared the bill rejected.
Mr. Cowan moved to suspend the rule, with a view to reconsider
the vote by which the bill was rejected.
The bill was laid on the table.
On motion of Mr. Tomlin,.
Resolved, that the delegate from the city of Richmond, Mr. Ro¬
bertson, who has this day tendered the resignation of his seat on
this floor, be requested to withhold the same for the present,.
The resolution heretofore submitted by Mr. Stewart, and laid over
under the rule, instructing our senators and requesting our represen¬
tatives to use their efforts to procure the passage of a law increasing
the pay of soldiers, was taken up, on his motion, and referred to the
committee on military affairs.
No. 60. An engrossed bill allowing the Petersburg iron manufac¬
turing company to hold not more than twenty thousand acres of land
at any one time, was taken up, on motion of Mr. Keiley, read a third
time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
Mr. Walker of ■ Augusta submitted the following resolution;
which being objected to, was laid over under the rule:
Resolved, that with the consent of the senate, that this house will
adjourn on Thursday the 22d instant, sine die.
No. 49. A bill for the protection of sheep and to increase the
growth of wool, was taken up; and the question being on agreeing
to the amendment heretofore submitted by Mr. Gilmer—pending the
consideration of which, the bill was laid on the table.
Mr. Hutcheson submitted the following resolution; which being
objected to, was laid over under the rule:
Resolved, that on Monday, and thereafter until otherwise ordered,
this house will meet at 10 o'clock A, M., and at 2 o'clock P. M. the
Speaker will vacate the chair until 4 o'clock P. M., when this house
will reassemble. *.
Mr. Pendleton submitted the following resolution :
Resolved, that the reprint of five hundred copies of 3d Grattan's
140
journal of the
Reports, heretofore ordered, be suspended until the further order of
the general assembly; and the question being 011 agreeing thereto,
was put, and decided in the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The communication from the governor, transmitting documents
from Georgia in relation to salt, was taken up, on motion of Mr.
Deane.
Mr. Deane moved to refer the communication to the committee
on confederate relations; and the question being on agreeing thereto,
was put, and decided in the negative.
The communication was then referred to the joint committee on
salt.
On motion of Mr. Wilson, the house adjourned until Monday, 11
o'clock.
MONDAY, October 19, 18G3.
A communication fronj the senate, by their clerk, was read as
follows:
In Senate, Oct. 17, 1863.
The senate have passed bills entitled :
An act to provide for the trial of friendly suits in chancery for par¬
tition, &c. arising in counties in the possession of the enemy, or
threatened with invasion, No. <16.
An act to provide for the payment of certain claims against the
Eastern lunatic asylum, No. 47..
In which they respectfully request the concurrence of the house
of delegates.
No. 46. A senate bill entitled an act to provide for the trial of
friendly .suits in chancery for partition, &c. arising in counties in the
possession of the enemy, or threatened with invasion, was read a
first and second times, and referred to the committee for courts of
justice.
No. 47. A senate bill entitled an act to provide for the payment
of certain claims against the Eastern lunatic asylum, was read a first
and second times, and referred to the committee on lunatic asylums.
Mr. Shackleford, from the committee on confederate relations,
presented the following reports:
A report asking to be discharged from the further consideration of
the petition of justices of the county of Henrico, asking that certain
constables of said county be exempt from military duty.
A report asking to be discharged from the further consideration of
a resolution in relation to the expediency of opening a correspon¬
dence between this state and the Confederate States of America, as
to the propriety of issuing state bonds to the amount of the out¬
standing treasury notes of said Confederate States, in proportionate
HOUSE OF DELEGATES.
141
sums, according to the population and property of each, with the
view of absorbing the same, and with the further view of recom¬
mending to the government of the Confederate States the inaugura¬
tion of a system of taxation in the future for the support of the
government, military and civil, according to estimates to be made by
its executive to the congress thereof annually.
Mr. Bouldin, from the committee on finance, presented the fol¬
lowing bill:
No. 81. A bill repealing-all laws authorizing insurance of tobacco
by the state, and providing for the sale of the public warehouses.
Mr. Bouldin, from the same committee, presented the following
report:
An adverse report on a resolution as to the expediency of investing
the surplus in the state treasury in bonds of the Confederate States.
Mr. Crockett, from the committee on lunatic asylums, presented
the following bill:
No. 82. A bill to authorize the Central lunatic asylum to impress
necessary supplies and transportation; which was read a#first time,
and ordered to be read a second time.
Mr. Shackleford presented the following communication from
Wyndham Robertson, Esq.:
October 16, 1803.
Dear Sir: .
Sensible of no claims to the high and touching
honor done me by the resolution of the house, which you have just
communicated in terms so gratifying, my respect for that body, and
sensibility to its good will, will allow me to say no less than that its
wish that I should withhold the resignation of my seat for the pre¬
sent, shall be for me a law of action in regard to it, if the house
thinks, and so far as, I can exercise any control over the subject.
Begging you to offer my most profound thanks to the house for so
great an honor as they have done me, and tendering them to you also
for the obliging terms of your communication,
I am, with the highest consideration,
Your obedient servant,
Wyndham Robertson.
H. W. Sheffey, Esq.
Speaker House of Delegates.
The said communication was;ordered to be entered on the journal,
On motion of Mr. Saunders of Richmond,
Resolved, that the committee of roads and internal navigation be
requested to enquire into the expediency of increasing the tolls on
the Richmond and York river rail road.
On motion of Mr. Deane,
Resolved, that the committee on military affairs enquire into the
expediency of conscribing all male free negroes between the ages of
eighteen and fifty years, to be employed as laborers in the mines and
manufactories by the Confederate States government during the war,
and that they report by bill or otherwise.
142
JOURNAL OP THE
Mr. Tomlin presented the petition of Philip P. Duval of King
William county, asking to have refunded a tax improperly imposed;
which was ordered to be referred to the committee on finance.
On motion of Mr. Bland,
Resolved, that the committee of roads and internal navigation be
instructed to enquire into the expediency of appropriating from the
public treasury a sum of money sufficient to construct and equip a
rail road from some point on the Virginia Central rail road not east
•of Milboro' in Bath county, and not-west of Gauley bridge, to termi¬
nate at some point on the Northwestern Virginia or the Baltimore
and Ohio rail road not west of Clarksburg on the former road, nor
west of Fairmont, Marion county, on the latter.
The motion to suspend the rule with a view to reconsider the vote
by which a bill to provide for additional mileage for members of
the general assembly, No. 51, was taken up; and the question being
on agreeing thereto, was put, and decided in the affirmative.
The question being—Shall the bill pass? on motion of Mr. Cowan,
the bill was laid on the table.
On motion of Mr. Buford, the report of the committee on banks
relative to the currency, was taken up, read, and on motion, laid on
the table.
The following senate bills were read a third time and passed:
Jslo. 41. A senate bill entitled an act to repeal the act passed
March 5th, 1862, entitled an act to authorize the issue of registered
certificates of state stock to Dr. Peter F. Brown, in lieu of two lost
bonds.
No. 43. A senate bill entitled an act to supply deficiencies in the
appropriation for the support of the Central lunatic asylum—Ayes 87:
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Bland, Bouldin, Bowen,
Bowles, Branch, Brooke, Buffington, Buford, Burr, Butler, Burwell, Chalmers, Coke,
Cowan, Crawford, Cresap, Crockett, Cummings, Deane, Deyerle, Dickey, Douthat, Draper,
English, Ferguson, Flood, W. O. Fry, Goodall, Goodykoontz, Graham, Harris, L. D. Hay-
mond, T. S. Haymond, Hiett, Horton, Huntt, Hutcheson, Irving, James, Jones, Jordan,
Keuney, Lundy, Lynch, Mathews, McCutchen, McElroy, McKinney, McNeil, Meade, Mel-
vin, Miller, Monroe, Morgan, Nighbert, Parramore, Patterson, Pitmftn, Pretlow, Reid,
Richardson, Rust, D. J. Saunders, F. Saunders, Scott, Shackleford, Smith, Snowden,
Staples, T. W. Taylor, Tibbs, Tomlin, Tredway, J. Walker, Walton, Ward, Welsh, R. J.
White, Williams, Winn, Winston, Woodley and Worsham—87.
Ordered, that the clerk inform the senate thereof.
The following engrossed bills were read a third time and passed:
No. 62. An engrossed bill to authorize the governor to hire free
negro and slave convicts to work in coal pits—Ayes 86, noes 5.
Ayes—Messrs. Ambers, Anderson, Baker, Bland, Bowen, Bowles, Branch, Brooke,
Buffington, Buford, Burnett, Burr, Butler, Burwell, Chalmers, Cowan, Crawford, Cresap,
Crockett, Cummings, Deane, Deyerle, Dickey, Douthat, Draper, Edwards, English, Fergu¬
son, Flood, W. O. Fry, Goodall, Goodykoontz, Graham, Hall, Harris, L. D. Haymond,
T. S. Haymond, Hiett, Horton, Huntt, Hutcheson, Irving, James, W. Johnson, Jones, Jor¬
dan, Keuney, Lundy, Lurty, Lynch, Mathews, McCue, McCutchen, McElroy, McKinney,
McMillan, McNeil, Meade, Melvin, Miller, Monroe, Nighbert, Parramore, Patterson, Pendle¬
ton, Pitman, Reid, Richardson, D. J. Saunders, F. Saunders, Scott, Snowden, Staples,
Stewart, T. W. Taylor, Tomlin, Tredway, J. Walker, Walton, Ward, R. J. White, Wil¬
liams, Winn, Winston, Woodley and Worsham—86.
Noes—Messrs. Sheffey (speaker), Bouldin, Bryan, Goode and Shackleford—5.
On motion of Mr. Haymond of Marion, the title was amended so
HOUSE OF DELEGATES.
143
as to read as follows: " To authorize the governor to hire free negro
and other convicts to work in coal pits."
No. 78. An engrossed hill refunding to John Nunan part of a
license tax paid by him—Ayes 81, noes 2.
Ayes—Messrs. Sheffey (speaker), Anderson, Baker, Bland, Bouldin, Bowen, Bowles,
Branch, Buffington, Burnett, Burr, Butler, Burwell, Chalmers, Coke, Cowan, Crawford,
Cresap, Cummings, Deyerle, Dickey, Douthat, Draper, English, Ferguson, W. O. Fry,
Goode, Goodykoontz, Hall, Harris, L. D. Haymond,T. S. Haymond, Hoge, Horton, Huntt,
James, Jones, Jordan, Kenney, Lundy, Lurty, Lynch, Mathews, McElroy, McKinney,
McMillan, McNeil, Meade, Melvin, Miller, Monroe, Nighbert, Parramore, Patterson, Pen¬
dleton, Randolph, Reid, Rust, D. J. Saunders, F. Saunders, Scott, Shackleford, Shelton,
Sherrard, Snowden, Staples, Stewart, T. W. Taylor, Tibbs, Tomlin, Tredway, J. Walker,
Walton, Ward, R. J. White, Williams, J. L. Wilson, Winn, Winston, Woodley and Wor-
sham—81.
Noes—Messrs. W. Johnson and Pitman—2.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 44. An engrossed bill to protect the treasury notes of the
Confederate States from improper depreciation, by restricting the
'sale or exchange thereof at less thai^ their nominal value, and the
exportation of coin and other state currency to foreign states, was
read a third time.
Mr. Brooke submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a third time.
The bill w?is then read a third time and passed. t
Ordered, that Mr. Buford carry the same to the senate, and re¬
quest their concurrence.
No. 44. 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. Anderson,
and read a second time.
Mr. Bouldin moved to amend the bill, by inserting in the 7th line
of the first section, after the word "increase," the words "in their
respective cities and towns;" and the question being on agreeing
thereto, was put, and decided in the affirmative.
Mr. Anderson moved to amend the bill, by inserting in the 8th
line of the first section, after the word " aforesaid," the words " and
the prices fixed by the commissioners to be appointed under the 2d
section of this act;" and the question being on agreeing thereto, was
put, and decided in the affirmative.
Mr. Bouldin moved to strike out in the 9th line of first section
the words " in their respective cities and towns;" and the question
being on agreeing thereto, was put, and decided in the affirmative.
Mr. Bouldin moved further to amend the bill, by striking, out in
the lst.line of the 2d section the word " all," and inserting the word
" no;" arid the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
Mr. Bouldin moved further to amend the bill, by striking out in
the 3d line of the 2d section the word "not-," and the question be-
iug on agreeing thereto, was put, and decided in the affirmative. •
Mr. Anderson moved to amend the bill, by adding at the end of
the 2d section the following: " provided, that merchants regularly
144
JOURNAL OF THE
licensed to trade in the articles mentioned in this act and the pre¬
ceding section, may sell the sarhe at an advance of per centum
upon said price, adding thereto the actual cost of transportation to
the place of sale: and commission merchants may sell said articles
at a price sufficient to cover their commissions, not exceeding five
per centum over the price fixed by said commissioners: and provided
further, that the provisions of this and the preceding section shall
Hot apply to any sale of a decedent's estate, or to any sale under a
mortgage or deed of trust recorded prior to the passage of this act,
or to any sale under an order of, or process issued from any court;"
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Anderson moved further to amend the bill, by adding after
the word " sheriff," in the 26th line of section 3, the words " or
collector;" and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Anderson, the bill was laid on the table.
The report and resolutions! from the committee on confederate
relations, on a resolution in relation to the subject of details for the
Confederate States army, was taken up, on motion of Mr. Shackle-
ford.
The committee on confederate relations, to whom was referred a
resolution, with instructions to enquire into the subject of details for
the Confederate States army, for government and other works, with
a view to the reduction of the number of said details, beg leave to
report:
That the b£st examination they have been able to give the subject,
and the facts brought to their knowledge, though not so full and
specific as they could wish, lead them to believe that the evil is a
great and growing one, and unless arrested, will be most disastrous
in its consequences, to the strength and efficiency of the army. The
committee are informed that great frauds have been practiced on the
government in this matter; that men are or have been detailed in
large numbers to perform work altogether unnecessary, or which
could as readily have been performed by other labor; that in some
cases,.perhaps many, they have been detailed at the instance of con¬
tractors, to whom they have paid a bonus for procuring the detail,
or for whom they are working gratuitously, as a consideration there¬
for, and that too when such contractors could easily procure other
labor, if they would pay for it, at reasonable prices, of persons not
within the conscript age. That a large number of the men thus de¬
tailed have furnished other labor in their stead (in some cases negro
labor), and are themselves employed in their .former business pur¬
suits, or engaged in speculation. That large numbers have been
detailed wnthout regard to their fitness or skill in the operations to
which they are assigned. That in one county in this state as many
as one-third of the entire conscript force of the county have been
detailed—a large part of them to cut wood for a furnace which has
already a year's supply of wood on hand. *
The committee are of opinion that this state of things is producing
HOUSE OF DELEGATES.
145
many incidental and consequential evils in the country, and particu¬
larly a degree of dissatisfaction on the part of the people at large,
and the older citizens of the country, who believe (the committee
think with reason) that the present apparent necessity for putting
the old men and boys in the service, is in a great measure, if not en¬
tirely due to this cause.
The committee feel sure that the government of the Confederate
States is ignorant of the extent of the frauds and evils referred to;
and inasmuch as the remedy is exclusively within the power of that
government, they recommend the adoption of the following reso-
tions:
1. Resolved, that the attention of the secretary of war be called
to the fraud's and evils growing out of the present details in the con¬
federate army, and that he be requested to adopt such prompt and
effective measures as he may deem judicious and proper to prevent
the same, and return to their commands the persons thus detailed.
2. That the secretary of war be further requested to adopt such
measures as will in his opinion substitute men over the conscript age
and the labor of free negroes, by a draft, if necessary, for those now
detailed from the ranks, if the same can be done without detriment
to the public service.
3. Resolved, that the Speaker of this house transmit to the secre¬
tary of war a copy of the foregoing report and resolutions.
The question being on agreeing to the resolutions, was put, and
decided in the affirmative.
The following resolution in relation to the hour of meeting, here¬
tofore submitted, was taken up, on motion of Mr. Pendleton:
Resolved, that this house do meet at 10 o'clock A. M., and con¬
tinue in session until 3 o'clock P. M., unless otherwise ordered.
The question being on agreeing to the resolution, Mr. Pendleton
demanded the previous question; which was sustained by the house;
and being put, was decided in the affirmative.
On motion of Mr. Raymond of Marion, the house adjourned until
to-morrow, 10 o'clock.
.TUESDAY, October 20, 1863.
The Speaker laid before the house a communication from the
governor, accompanied with letters from the secretary of the trea¬
sury and the commissioner of taxes of the Confederate States, in re¬
lation to the payment by the banks, of taxes On all their deposits on
the first day of July last; which was ordered to bo referred to the
'committee on finance.
On motion of Mr. Lynch,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a special act authorizing fiduciaries in the
counties of this state, in which county courts are not held by reason
19
146
JOURNAL OF THE
of the inroads or presence of the enemy, to make annual settlements
of their accounts during the war before the commissioners of theg
respective counties, instead of requiring them to make such settle¬
ments before the commissioners of the courts of other' counties,
wherein the order was made conferring their authority as fiduciaries.
On motion of Mr. Pendleton,
Resolved, that the committee of propositions and grievances en¬
quire into the expediency of amending the charter of Bethany college.
On motion of Mr. Bouldin,
Resolved, that the committee on finance enquire .into the expe¬
diency of so amending the 61st section of the act passed March 28th,
186-3, entitled an act imposing taxes for the support of government,
as to reduce the tax imposed on brokers; and also into the expediency
of refunding a portion of the tax paid by brokers under said section.
On motion of Mr. James,
Resolved, that the committee on finance enquire into the expe¬
diency of refunding to Ferdinand Waltz, Eliza Price and Jacob A.
Henry part of a license tax paid by them, on account of the license
being revoked by the county court of Botetourt county in 1862.
On motion of Mr. Walker of Augusta,
Resolved, that the committee on finance enquire into the expediency
of refunding to Peter Engleman a part of a tax assessed against and
paid by him for the privilege of distilling.
Mr. Burwell, from the committee of roads and internal naviga¬
tion, presented the following bill:
No. 8-3. A bill authorizing an increase of the capital stock of the
Virginia and Tennessee rail road company.
Mr. Shackleford, from the committee on confederate relations,
presented the following bill:
No. S4. To amend the 17th section of the 61st chapter of the
Code of Virginia, giving priority of transportation for food to con¬
sumers ; which was read a first time, and ordered to be read a second
time.
Mr. Anderson, from the committee on military affairs, presented
the following joint resolution; which was agreed to.
Resolved by the general assembly, that we instruct our senators
and request our representatives in the confederate congress to use
their best efforts to procure, at as early a day as practicable, the pas¬
sage of a law giving increased compensation to the soldiers in the
confederate army, and commutation for rations allowed by the Army
Regulations, and not furnished in kind.
Ordered, that the clerk communicate the same to the senate, and re¬
quest their concurrence.
Mr. Buford, from the committee on banks, presented the follow¬
ing bill:
No. 85. A bill to authorize and regulate the subscription to a na¬
tional loan, and to provide for the payment of a state subscription
thereto; which was read a first time, and ordered to be read a second
time.
Mr. Shelton submitted the following resolution:
HOUSE OP DELEGATES.
147
Resolved, that the committee for courts of justice enquire into the
expediency of so amending section 1st of chapter 15 of the Code of
Virginia, as to provide for the meeting of the biennial sessions of the
general assembly on the second Monday in January, instead of the
first Monday in December, as now required.
The question being on agreeing thereto, was put, and it appearing
that no quorum voted, Mr. Haymond of Marion moved a call of the
house; which was agreed to.
The roll was then called, and the following gentlemen answered
to their names:
Messrs. Sheffey (speaker), Anderson, Baker, Bouldin, Bowen, Bowles, Branch, Brooke,
Byan, Buffington, Buford, Burnett, Burr, Butler, Burwell, Chalmers, Coke, Cowan,
Crawford, Cummings, Deane, Deyerle, Dickey, Douthat, Draper, English, W. O. Fry,
Goodall, Goode, Goodykoontz, Graham, T. S. Haymond, Hendrick, Hiett, Hoge, Horton,
Hutcheson, Irving, James, W. Johnson, Jones, Jordan, Keiley, Lundy, Lynch, Magruder,
Mathews, McCutchen, McElroy, McKinney, McMillan, McNeil, Meade, Monroe, Morgan,
C, A. Nelson, R. E, Nelson, Nighbert, Parramore, Patterson, Pendleton, Pitman, Pret-
low, Reid, Richardson, Rust, D. J. Saunders, F. Saunders, Scott, Shackleford, Shelton,
Sherrard, Smith, Snowden, Stewart, Thomas, Tibbs, Tomlin, Tredway, J. Walker, Welsh,
S.M.Wilson, Winston, Woodley, Woolfolk and Worsham—85.
On motion of Mr. Haymond of Marion, further proceedings under
the call of the house were dispensed with.
The question being on agreeing to the resolution submitted by Mr.
Shelton, Mr. Haymond of Marion moved to amend the resolution,
by striking out the entire resolution, and inserting the following:
"Resolved, that the committee for courts of justice enquire into
the propriety of changing the time of the meeting of the general
assembly."
The question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Pretlow moved the indefinite postponement of the resolution
as amended; and the question being on agreeing thereto, Mr. Jones
demanded the previous question; which was sustained by the house;
and being put, was decided in the affirmative.
The resolution heretofore submitted by Mr. Walker of Augusta,
for an adjournment sine die of the general assembly, was taken up,
on motion of Mr. Deane.
The resolution was then amended, on motion of Mr. Haymond of
Marion; and the question being on agreeing to the resolution as
amended, was put, and decided in the affirmative.
The resolution as amended is as follows:
"Resolved, that with the consent of the senate, this house will ad¬
journ on the first Monday in November sine die."
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
The resolutions heretofore submitted by the committee on banks,
on the subject of the currency, were taken up, on motion of Mr.
Buford.
Mr. Buford submitted an amendment to the 2d resolution. Pend¬
ing the consideration of which, .
On motion of Mr. Bouldin, the resolutions were laid on the
table.
148
JOURNAL OF THE
No. 54. An engrossed bill for the relief of William F. Ritchie,
public printer, was read a third tim'e and passed—Ayes 84, noes 6.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Bouldin, Branch, Buffington,
Buford, Burnett, Burr, Butler, Chalmers, Coke, Cowan, Crawford, Cresap, Crockett, Deaue,
Dickey, Douthat, Draper, Duval, English, Flood, W. O. Fry, Goodall, Goode, Goodykooutz,
Harris, L. D. Raymond, T. S. Haymond, Herndon, Hiett, Hplden, Horton, Hutcheitm,
Irving, W. Johnson, Jones, Jordan, Keiley, Lundy, Lurty, Magruder, Mathews, McCne,
McCutchen, McKinney, McMillan, McNeil, Meade, Melvin, Morgan, K. E. Nelson, Nigh-
bert, Pendleton, Pitman, Pretlow, Reid, Richardson, Rust, D. J. Saunders, Scott, Shackle-
ford, Shelton, Sherrard, Smith, Staples, Stewart, T. W. Taylor, Tomlin, Tredway, Walton,
Welsh, R. J. White, J. L. Wilson, S. M. Wilson, Winn, Winston, Woodley, Wooli'olk,
Worsham and Wright—84.
Noes—Messrs. Bowen, Cummings, Deyerle, Huntt, McElroy and Miller—6.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 24. A bill amending and re-enacting chapter 213 of the Code
of Virginia, reorganizing the penitentiary, was read a second time,
and on motion of Mr. Haymond of Marion, laid on the table.
No. 65. A bill declaring certain rail road companies the only re¬
sponsible common carriers on their roads, and regulating charges for
express service thereon, was taken up, on motion of Mr. Deane,
read a first time, and ordered to be read a 'second time.
No. 17. A bill to authorize, for a limited period, the impressment
of fuel by the Virginia Central rail road company, was read a second
time, and on motion of Mr. Magruder, laid on the table.
No. 18. A bill to authorize the impressment of slaves to be em¬
ployed in the repair of certain rail roads, was read a second time.
The bill was then amended, on motion of Mr. Burwell (so as to
confine its provisions to the Virginia Central rail road).
Mr. Winston moved to amend the bill in the 1st section, by add¬
ing thereto the following: "And in case of any further call for slaves
to labor on the fortifications and other works for public defence, pur¬
suant to the act passed March 13, 1S63, providing for the public
defence,' the counties and individuals that may have furnished slaves
under this act shall be relieved pro tarito for such further requisition
and the question being on agreeing" thereto, was put, and decided in
the affirmative.
Mr. English moved a suspension of the rule with a view to re¬
consider the vote by which the amendment submitted by Mr. Win¬
ston was lost; and the question being on agreeing thereto, was put,
and decided in the negative.
Mr. Tomlin submitted an amendment to the- bill. Pending the
consideration of which,
On motion of Mr. Worsham, the house adjourned until to-morrow,
10 o'clock.
HOUSE OF DELEGATES.
149
WEDNESDAY, October 21, 1S63.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 20, 1863.
The senate have agreed to a joint resolution concerning commis¬
sioners of the revenue.
And they have passed bills entitled :
An act incorporating the Home insurance company of the city of
Petersburg, No. 48.
An act incorporating 'the Southern insurance and savings society
of Petersburg, No. 49.
And they have passed house bill entitled:
An act for the relief of the indigent soldiers and sailors of the
state of Virginia who have been or may be disabled in the military
service, and the widows and minor children of soldiers and sailors
tvlio have died or may hereafter die in said service, and of the indi¬
gent families of those now in the service, No. 40, with amendments.
In which resolution, bills and amendments they respectfully re¬
quest the concurrence of the house of delegates.
The following Senate bills were read a first and second times, and
referred to the committee of propositions and grievances.
No. 48. A senate bill entitled an act incorporating the Home in¬
surance company of the city of Petersburg.
No. 49. A senate bill entitled an act incorporating the Southern
insurance and savings society of Petersburg.
The resolution from the senate concerning commissioners of the
revenue, was referred to the committee on finance.
The amendments proposed by the senate to house bill entitled an
act for the relief of the indigent soldiers and sailors of the state of
Virginia who have been or may be disabled in the military service,
and the widows and minor children of soldiers and sailors who have
died or may hereafter die in said service, and of the indigent families
of those now in the service, were taken up, and on motion, referred
to the committee on finance.
' Mr. Jones, from the committee of privileges and elections, pre¬
sented a report in the contested election from the county of Hali¬
fax ; which was laid on the table and ordered to be printed.
Mr. Fry, from the minority of said committee, presented a report
in the said election case; which was laid on the table and ordered to
be printed.
Mr. Magruder, from the committee of propositions and grievances,
presented the following bill:
No. S6. A bill to organize a board of trustees for Bethany col¬
lege ; which was read a first time, and ordered to be read a second
time, and two-thirds concurring, was read a second time, and ordered
to be engrossed and read a third time.
Air. Shackleford, from the committee on confederate relations,
presented the following bill:
150
JOURNAL OP THE
No. 87. A bill to authorize the government of the Confederate
States to acquire and hold real estate for the purpose of mining coal
and iron, and manufacturing iron and other metals for the public use
and defence; which was read a first time, and ordered" to be read a
second time.
Mr. Shackleford, from the same committee, presented the follow¬
ing resolutions:
Resolved by the general assembly, that the scarcity of provisions
and supplies in the markets of this commonwealth renders it expe¬
dient and necessary that the confederate authorities should forbear
impressment on all the necessaries of life in transitu to market, and
on at least one-fourth part of the surplus'production of each pro¬
ducer, leaving the same free to seek such convenient markets as the
owners thereof may select.
Resolved, that a copy of this resolution be forthwith communi¬
cated to the secretary of war, with the request that he wrill give such
instruction to all agents of the government as will carry out the pur¬
pose and design of the foregoing resolution, and to make such action
generally known to the people of this commonwealth; which, on his
motion, were taken up for consideration.
Mr. Anderson moved to amend the first resolution, by inserting
after "necessaries of life," "belonging to the producer;" and the
question being on agreeing thereto, was put, and decided in the ne¬
gative. ,
Mr. Monroe moved to amend the resolution, by striking out all
after the word "resolved," to the word "authorities," in the 4th
line, and to insert " that it is advisable, in the opinion of the general
assembly, that the agents of the confederate government engaged in
the procurement of supplies should be required to procure such sup¬
plies from the producer at the place of production and;" and the
question being on agreeing thereto, was put, and decided in the affir¬
mative. •
The resolution as amended was then agreed to.
The second resolution was then agreed to.
Ordered, that Mr. Shackleford carry the same to the senate, and
request their concurrence.
Mr. Riddick, from the committee on agriculture and manufac¬
tures, presented the fpllowing bill:
No. 88. A bill to organize certain manufactories within this com¬
monwealth..
Mr. Crockett, from the committee on lunatic asylums, to whom
had been referred
- No. 47. A senate bill entitled an act to provide for the payment
of certain claims against the Eastern lunatic asylum, reported the
same without amendment.
Mr. Wilson of Isle of Wight submitted an amendment by way of
substitute for house bill authorizing subscriptions to a national loan,
&c.; which, on his motion, was laid on the table and ordered to be
printed.
No. 79. A bill to amend and re-enact the 14th section of an act
HOUSE OF DELEGATES.
151
entitled an act to amend the -1st, 2d, 3d, 4th, 5th, 13th, 14th and
16th sections of chapter 14; the 14th section of chapter 21; the 27th
section of chapter 23, and the 10th section of chapter 66 of the Code
of Virginia (edition of 1860), so as to increase the salaries of certain
officers of government, passed October 13th, 1863, was read a
second time, and ordered to be engrossed and read a third time.
The report and resolutions of the committee on banks relative to
the currency, with the pending amendment to the second resolution,
was taken up, on motion of Mr. Buford, and on his motion, laid on
the table, and made the order of the day for to-morrow, 11 o'clock.
No. 17. A bill to authorize, for a limited period, the impressment
of fuel by the Virginia Central rail road company, was taken up, on
motion of Mr. Burwell. i
Mr. Burwell submitted an amendment to the bill by way of sub¬
stitute, and on his motion, the bill and substitute were laid on the
table, and the substitute ordered to be printed.
A message was received from the senate by Mr. Coghill, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act amending and re-enacting section 9, chapter 160 of the
Code of Virginia (edition of 1860): in which they respectfully re¬
quested the concurrence of the house of delegates.
Subsequently, the bill was read a first and second times, and on
motion of Mr. Bouldin, read a third time and passed.
Ordered, that the clerk inform the senate thereof.
On motion of Mr. Mathews,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill to prohibit the impressment (by the
confederate or state authorities) of supplies produced or provided by
superintendents of poorhouse farms, for the sustenance of county
paupers.
On motion of Mr. Worsham,
Resolved, that the committee on finance be instructed to enquire
into the expediency of appropriating dollars for the relief of the
destitute refugees of this state.
On motion of Mr. Baker,
Resolved, that the committee on finance be instructed to enquire
into the expediency of providing by law for the payment of interest
on loans to the state made by banks now beyond the enemy's lines.
No. 17. A senate bill entitled an act to suspend proceedings in
certain cases, and on executions, attachments, distress warrants, trust
deeds and other demands, in cases of refusal to receive payment in
currency received in payment to the state, and to repeal the act
passed March 29, 1862, entitled an act to suspend sales and legal
proceedings" in certain cases, was taken up, on motion of Mr. Barks-
dale ; and the question being on agreeing to an amendment thereto
submitted by the committee for courts of justice, Mr. McKinnet
moved the indefinite postponement of the bill; and the question
being on agreeing thereto, was put, and decided in the affirmative.
No. 18. A bill to authorize the impressment of slaves to be em¬
ployed in the repair of certain rail roads, was taken up; and the
152
JOURNAL OF THE
question being on agreeing to the* amendment heretofore submitted
by Mr. Tomlin, to strike out in the first; section the words "in the
usual way," and to insert "by offering in the public prints for at
least two weeks the highest market price therefor, and otherwise by
diligent exertions for that purposeand the question being 011 agree¬
ing thereto, was put, and decided in the affirmative.
Mr. Tomlin moved to amend the bill, by. striking out in the 1st
section the words "and contiguous to" (so as to confine impress¬
ments to the counties through which the road passes); and the ques¬
tion being on agreeing thereto, Mr. Dickey demanded the previous
question; which was sustained by the house; and being put, was
decided in the negative.
Mr. Deaue moved to amend the 1st section of the bill, by adding
thereto the following: "provided, that the Virginia Central rail road
company shall not be entitled to the benefit of the provisions of this
act, until the governor of this state shall be convinced, by satisfac¬
tory evidence, that the said company has expended in the repairs of
the road, machinery and rolling stock an amount equal to the net
income of said company for the previous year;" and the question
being on agreeing thereto—the hour of three having arrived, the
chair was vacated until 8 o'clock.
EVENING SESSION.
No. 18. A bill to authorize the impressment of slaves to be em¬
ployed in the repair of certain rail roads, being the unfinished busi¬
ness of the morning session, was taken up; and the question being
on agreeing to the amendment submitted by Mr. Deane, Mr. Pen¬
dleton moved to amend the amendment, by inserting "after the
first day of January next" (so that the provisions of the amendment
would apply only after that date); and the question being on agree¬
ing thereto, was put, and decided in the affirmative. -
.The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative.
' Mr. Tomlin moved to amend the bill, by striking out the words
" through and contiguous to which the said road passes" (so as to
make the impressment general); and the question being on agreeing
thereto, was put, and decided in the negative.
Mr. Deyerle moved to amend the bill, by adding to the first sec¬
tion the following: "provided no impressment of slave labor shall be
ijiade under the provisions of this act, unless it is an absolute public
necessity and the question being on agreeing thereto, was put, and
decided in the negative.
Mr. Deane moved to amend the bill, by striking out the words
"the counties, cities and towns through and contiguous to which the
said rail road passes, in proportion to their respective slave popula¬
tions,'' and to insert " the stockholders in the said rail road company
taking into the .estimate for apportionment the number of slaves and
HOUSE OF DELEGATES.
153
the number of shares owned by each stockholder" (so as to confine
the impressment to the slaves owned by stockholders in the road);
and the question being on agreeing thereto, Mr. Keiley moved the
indefinite postponement of the bill; and the question being on agree¬
ing thereto, was put, and decided in the negative—Ayes 37, noes 49.
On motion of Mr. Deane, the vote was recorded as follows:
Ayes—Messrs. Barksdale, Bouldin, Boweu, Branch, Buford, Butler, Chalmers, Crockett,
Custis, Deane, Deyerle, English, Flood, Goode, Goodykoontz, Hall, Harris, Hiett, Horton,
Jones, Keiley, Marr, McKinney, Meade, Patterson, Pretlow, Eiddick, F. Saunders, Staples,
E. F. Taylor, Tomlin,K. J. White, J.L.Wilson, Winn, Woolfolk, Worsham and Wright—37.
Noes—Messrs. Sheffey (speaker), Anderson, Baker, Bland, Bowles, Burr, Burwell, Coke,
Crawford, Cresap, Dickey, Douthat, Draper, Edwards, W. O. Fry, Gilmer, Goodall, T. S.
Haymond, Holden, James, Jordan, Linkous, Lynch, Magruder, Marye, Mathews, McCue,
McCutchen, McNeil, Melvin, Miller, Monroe, Morgan, Parramore, Pendleton, Pitman,
Eowan, D. J. Saunders, Shackleford, Sherrard, Smith, Stewart, T. W. Taylor, Thomas, J.
Walker, Walton, S. M. Wilson, Winston and Woodley—49.
The question recurring on agreeing to the amendment submitted
by Mf. Deane, was put, and decided in the negative.
Mr. Marye moved to amend the bill, by adding to the first section
the following: " but no such requisition shall apply to slaves in any
county which may, under existing laws, be exempted from liability
to labor upon the public defenceswhich was agreed to.
Mr. English moved to amend the bill, by striking out the follow¬
ing : y and the value of all such slaves as may escape from the ser¬
vice of said rail road companies and not be returned to their owners,
or of all such slaves as may be seized or killed by the public enemy
for want of proper diligence and precaution upon the part of the
officers and agents of said companies, or by reason of their failure to
exercise such diligence and precaution in any manner, be lost to the
owners of such slaves, shall be paid by the said rail road companies
to the owner, and in like "fhanner compensation shall be made for any
injury to slaves arising from a want of due diligence and precaution
on the part of the officers or agents of said rail road companies, or
which shall, by reason of the failure to exercise such diligence and
precaution, in any manner be lost to the owners, shall be paid by
the said rail road companies to the owners of such slaves: and in.
like manner compensation shall be made for any injury to slaves
arising from a want of due diligence and precaution on the part of
the officers and agents of the said companies. And in all cases the
burden of proof shall be on the said rail road companies to discharge
the latter from liability to the former," and inserting the following:
" and the value of all such slaves as may die during their term of
service, or thereafter, from injuries received or of diseases contracted
in such service, or not returned to their owners, shall be paid by the
said rail road company to the owners of such slaves; and full com¬
pensation shall be made for all injuries received by slaves while in
the service of the said rail road company: provided, that the said
rail road company shall not be liable for any slave not returned by
reason of fraud or collusion on the part of the owner or his agent, or
if his death should be caused by act of God, or by disease of said
slave existing when received by the said rail road company: and in
all cases the burden of proof shall be upon the authorities of the
20
154 JOURNAL OF THE
said rail road company to discharge the latter from liability to the
formerand the question being on agreeing thereto, was pu , ana
decided in the affirmative. , ,,. ,
The question being—Shall the bill be engrossed and read & third
time ? was put, and decided in the affirmative—Ayes 43, noes 38.
On motion of Mr. Deane, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Anderson, Baker, Bland, Bowles, Burwell, Coke, Craw¬
ford, Cresap, Dickey, Douthat, Draper, Edwards, English, Gilmer, Goodall, T. S. Haymond,
Holden, Horton, James, Linkous, Lynch, Magrader, Marye, Mathews, McCue, McCutchen,
McMillan, McNeil, Melvin, Monroe, Morgan, Parramore, Pendleton, Pitman, Kowan, D.J.
Saunders, Shackleford, Sherrard, Smith, Stewart, Thomas, Tibbs, J. »Valker, A\alton, Win-
ston and Woodley—43. ,
Roes—Messrs. Barksdale, Bouldin, Bowen, Branch, Bryan, Butord, Butler, Chalmers,
Crockett, Custis, Deane, Deyerle, Duval, Flood, W. O. Fry, Goode, Harris, Hiett, Jones,
Jordan, Keiley, McKinney, Meade, Miller, Pretlow, Riddick, F. Saunders, Scott, Staples,
T. W. Taylor, Tomlin, R. J. White, J. L. Wilson, Winn, Woolfolk,Worshamand Wright—38.
On motion of Mr. Pitman, the house adjourned until to-morrow,
10 o'clock.
THURSDAY, October 22, 1863.
Prayer by Rev. Dr. Duncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. .21, 1863.
The senate have agreed to a joint resolution from the house of
delegates in relation to the increase of pay to soldiers and commuta¬
tion for rations not furnished in kind.
Mr. Shackleford, from the committee on confederate relations, to
whom had been referred a resolution enquiring into the expediency
of prohibiting any resident or citizen of Virginia from passing into
the enemy's country, with a view of returning, presented a report,
asking to be discharged from the further consideration of the subject.
Mr. Shackleford, from the same committee, to whom had been
referred a resolution to enquire into the expediency of reporting an
address to the people of Virginia on the state of the country, pre¬
sented a report asking to be discharged from the further consideration
of the subject.
Mr. Magruder, from the committee of propositions and grievances,
to whom had been referred
No. 48. A senate bill entitled an act incorporating the Home in¬
surance company of Petersburg; and
No. 49. A senate bill entitled an act incorporating the Southern
insurance and savings society of Petersburg, reported the same with¬
out amendment.
Subsequently, the said bills were read a third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 86. An engrossed bill to organize a board of trustees for
Bethany college, was taken up, on motion of Mr. Pendleton, read
a third time and passed.
HOUSE OF DELEGATES.
155
The title was amended, so as to read "to reorganize the hoard, &c."
Ordered, that Mr. Pendleton carry the same to the senate, and
request their concurrence.
Mr. Winston submitted the following resolution :
Resolved by the general assembly, that the president of the Con¬
federate States be and he is hereby authorized to use Such proportion
of the slave labor now employed, in the fortifications around Rich¬
mond, as he may deem necessary in the repair of the Virginia Central
rail road ; and the question being on agreeing thereto, on motion of
Mr. Woolfolk, the resolution was laid on the table.
No. 71. A bill to incorporate the Virginia female institute of the
city of Richmond, was taken up, on motion of Mr. Saunders of
Richmond, read a first time, and ordered to be read a second time.
No. 79. An engrossed bill to ameqd and re-enact the 14th section
of chapter 14 of the Code of Virginia, as amended and re-enacted
by an act entitled an act to amend the 1st, 2d, 3d, 4th, 5th, 13th,
14th and 16th sections of chapter 14; the 14th section of chapter
21; the 27th section of chapter 23 ; and the 10th section of chapter
66 of the Code of Virginia (edition of 1860), so as to increase the
salaries of certain officers of the government, passed October 13,
1863, was read a third time and passed—Ayes 86, noes 10.
Ayes—Messrs. Sheffey (speaker), Anderson, Bouldin, Bowles, Branch, Brooke, Bryan,
Burnett, Burr. Butler, Burwell, Coke, Cowan, Crawford,, Cresap, Crockett, Custis, Deane,
Dickey, Douthat, Draper, Duval, Edwards,.English, Ferguson, Flood, W. O. Fry, Goodall,
Goode, Goodykoontz, Hall, Harris, L. D. Haymond, T. S. Haymond, Herndon, Hiett, Hoge,
Holden, Horton, Hutcheson, Irving, James, Jones, Jardan, Keiley, Lurty, Lynch, Magru-
der, Mathews, McCue, McCutchen, McKinney, McMillan, McNeil, Meade, Melvin, Monroe,
Morgan, R. E. Nelson, Nighbert, Parramore, Pendleton, Pitman, Pretlow, Randolph, Reid,
Riddick, J. A. Robinson, Rowan, Rust, D. J. Saunders, Scott, Smith, Snowden, Stewart,
Thomas, Tibbs, Walton, N. W. White, Williams, J. L. Wilson, Winn, Winston, Woodley,
Woolfolk and Wright—86.
Noes—Messrs. Bowen, Buford, Cummings, W. Johnson, McElroy, Miller, Staples, R. F.
Taylor, Tomlin and Worsham—10.
Ordered, that Mr. James carry the same to the senate, and request
their concurrence.
No. 47. A senatq bill entitled an act to provide for the payment
of certain claims against the Eastern lunatic asylum, was read a
second time, amended, and as amended read a third time and passed—
Ayes 96.
Ayes—Messrs. Sheffey (speaker), Anderson, Baker, Barksdale, Bouldin, Bowen, Bowles,
Branch, Brooke, Bryan, Buford, Burr, Butler, Burwell, Chalmers, Cowan, Crawford, Cresap,
Crockett, Cummings, Custis, Deane, Deyerle, Douthat, Draper, Duval, English, Flood, W.
O. Fry, Gilmer, Goodall, Goodykoontz, Hall, Harris, L. D. Haymond, T. S. Haymond,
Herndon, Hiett, Hoge, Horton, Huntt, Hutcheson, Irving, James, Jones, Jordan, Keiley,
Linkous, Lurty, Lynch, Magruder, Marye, Mathews, McCue, McElroy,McKinney, McNeil,
Meade, Melvin, Miller, Monroe, Morgan, R. E. Nelson, Nighbert, Parramore, Patterson, Pen¬
dleton, Pitman, Randolph, Reid, Richardson, Riddick, J. A. Robinson, Rowan, Rust,
D. J. Saunders, Scott, ^hackleford, Shelton, Sherrard, Smith, Staples, R. F. Taylor,
Thomas. Tibbs, Tomlin, J. Walker, Walton, Welsh, R. J. White, Williams, J. L. Wilson,
S. M. Wilson, Winn, Woodley, Woolfolk, Worsham and Wright;—96.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 18. An engrossed bill to authorize the impressment of slaves
to be employed in the repair of certain rail roads, was read a third
time.
156 JOURNAL OF THE
Mr. English moved a suspension of the rule with a view to re¬
consider the vote by which the bill was ordered to its engrossment}
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. English submitted an amendment to the bill—pending the
consideration of which, on motion of Mr. Winston, the bill was laid
on the table.
The report and resolutions heretofore presented by the committee
on banks relative to the currency, being the special order of the day,
were taken up; and the question being on agreeing to an amend¬
ment to the 2d resolution, heretofore submitted by Mr. Buford, Mr.
Wilson of Isle of Wi'ght moved to amend the amendment; and the
question being on agreeing thereto, on motion of Mr. Wilson, the
resolutions and amendments M&ere laid on the table, and made the
order of the day for to-morrow at 11 o'clock.
No. 51. An engrossed bill to provide for additional mileage for
members of the general assembly, was taken up, on motion of Mr.
Monroe, read a third time and passed—Ayes 81, noes 34.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Barksdale, Bland, Bouldin,
Bowles, Bryan, Buffington, Burnett, Burr, Butler, Chalmers, Coke, Cowan, Crawford,
Cresap, Crockett, Custis, Dickey, Douthat, Duval, Edwards, English, Ferguson, Gilmer,
Goodall, Hall, L. D. Haymond, T. S. Raymond, Hendrick, Herndon, Hiett, Hoge, Holden,
Hughes, Huntt, Hutcheson, James, Jones, Keiley, Linkous, Lurty, Lynch, Marye,
Mathews, McCue, McCutchen, McMillan, McNeil, Melvin, Monroe, Morgan, Nighbert, Par-
ramore, Pendleton, Pitman, Pretlow, Randolph, Richardson, Riddick, J. A. Robinson,
Rowan, D. J. Saunders, F. Saunders, Scott, Shackleford. Sherrard, Smith, Snowden,
Stewart, T. W. Taylor, Thomas, Tjbbs, Welsh, N. W. White, Williams, J. L. Wilson,
Woodley and Wright—81. '
Noes—Messrs. Bowen, Branch, Brooke, Buford, Burwell, Cummings, Deane, Deyerle,
Draper, Flood, W. O. Fry, Horton, Irving, W. Johnson, Jordan, Magruder, McElroy, Mc-
Kinney, Meade, Miller, C. A. Nelson, Patterson, Reid, Rust, Staples, R. F. Taylor, Tomlin,
J. Walker, R. J. White, S. M. Wilson, Winn, Winston, Woolfolk and Worsham—34.
On motion of Mr. Pendleton, the title was amended, so as to
read "An act to commute the per diem compensation of members of
the general assembly."
Ordered, that Mr. Haymond of Marion carry the same to the senate,
and request their concurrence. fed
No. 50. An engrossed bill amending and. re-enacting the 6th, 7th,
9th and 10th sections of the 14th chapter of the Code of Virginia
(edition of 1860), was taken up, on motion of Mr. Marye, read a
third time and passed—Ayes 92, noes 17.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Barksdale, Bland, Bouldin,
Bowles, Brooke, Bryan, Buffington, Burr, Butler, Burwell, Chalmers, Cowan, Crawford,
Cresap, Crockett, Custis, Deane, Deyerle, Dickey, Douthat, Draper, Duval, Edwards,Eng¬
lish, Ferguson, W, O. Fry, Gilmer, Goodall, Hall, L. D. Haymond, T. S. Haymond, Heu-
drick, Herndon, Hiett, Hoge, Holden, Hughes, Hutcheson, Irving, James, Jones, Keiley,
Linkous, Lynch, Magruder, Marye, Mathews, McCutchen, McKinney, McMillan, McNeil,
Meade, Melvin, Monroe, Morgan, R. E. Nelson, Nighbert, Parramore, Pendleton, Pitman,
Pretlow, Randolph, Reid, Richardson, Riddick, J. A. Robinson, Rowan, Rust, D. J. Saun¬
ders, F. Saunders, Scott, Shackleford, Sherrard, Smith, Snowden, Stewart, T. W. Taylor,
Tibbs, J. Walker, Welsh, N. W. White, Williams, J. L. Wilson, S. M. Wilson, Winston,
Woodley, Woolfolk and Wright—92.
Noes—Messrs. Bowen, Branch, Buford, Burnett, Cummings, Flood, Horton, W. John¬
son, Jordan, Lurty, McElroy, Miller, Patterson, Staples, R. F. Taylor, Tomlin and R.
J. White—17. 1
Ordered, that Mr. Marye carry the same to the senate, and request
their concurrence.
HOUSE OF DELEGATES.
157
No. 23. A senate bill entitled an act to authorize the transfer of
causes from courts which cannot be held by* reason of the proximity
of the public enemy, to other circuit courts not so situated, was
taken up, on motion of Mr. Brooke, amended", and as amended read
a third time and passed.
The title was amended so as to read "An act to authorize the
transfer of causes from the courts of the city of Williamsburg arid
county of James City to other circuit courts."
Ordered, that the clerk communicate the same to the senate, and
request their concurrence. ,
No. 84. A bill to amend the 17th section of the 61st chapter of
the Code of Virginia, giving priority of transportation for food to
consumers, was taken up, on motion of Mr. Irving, amended, and as
amended ordered to be engrossed and read-a third time.
No. 65. A bill declaring certain rail road companies the only re¬
sponsible common carriers on their roads, and regulating charges for
express service thereon, was taken up, on motion of Mr. Deane, read
a second time, and ordered to be engrossed and read a third time.
On motion of Mr. Nelson of Fluvanna, the house adjourned untiL
to-morrow, 10 o'clock.
FRIDAY, October 23, 1863.
Prayer by Rev. Dr. D.uncan of the Methodist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 22, 1863.
The senate have passed house bills entitled:
An act for the relief of Washington Gr. Singleton, clerk of the
district court of the sixth judicial district, No. 19.
An act to authorize the sale of Capon springs, No. 43.
An act allowing the Petersburg iron manufacturing company to
hold not more than twenty thousand acres at any one time, No. 60.
They have passed with an amendment house bill entitled :
An act to authorize the governor to hire free negro and other con¬
victs to work in coal pits, No. 62.
The senate have agreed to sundry, and disagreed to sundry amend¬
ments, and have, with amendments, agreed to .several amendments
proposed by the house of delegates to senate bill entitled:
An act to reorganize the militia, No. 19.
In which amendments they respectfully request the concurrence
of the house of delegates.
The amendments proposed by the senate to house bill entitled an
act to authorize the governor to hire free negro and other conyicts to
work in coal pits, were taken up, and on motion of Mr. Bouldin,
the bill and amendments were laid on the table.
The amendments proposed by the senate to the amendments pro¬
posed by the house of -delegates to senate bill entitled an act to re*
158
JOURNAL OP THE
organize the militia, and the disagreement of the senate to sundry
amendments of the hohse, were taken up, tmd on motion of Mr.
Bouldin, laid on the table.
Mr. Bouldin, from" the committee on finance, to whom had been
referred a joint resolution concerning commissioners of the revenue,
reported the same without amendment.
On motion of Mr. Bouldin, the resolution was agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Anderson, from the committee on military affairs, presented
the following bill; which was read a first time, and ordered to be
read a second time:
No. 89. A bill to enroll the free negroes to be employed in the
service of the Confederate States.
Mr. Huntt, from the committee on enrolled hills, presented the
following report:
The committee on enrolled bills have had under examination sun¬
dry such bills, and finding them correctly enrolled, respectfully re¬
port them for further examination.
Ordered, that Mr. Huntt carry the same to the senate for further
examination.
No. 84. An engrossed bill to amend and re-enact the 17th section
of the 61st chapter of the Code of Virginia, giving priority of trans¬
portation for food to consumers, was taken up, on motion of Mr.
Keiley, 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 en¬
grossed and read a third time:
No. 47. A bill to amend the charter of the Merchants insurance
company of the city of Richmond.
No. 38. A bill amending the 1st section of chapter 10 of the Code
of Virginia (edition of 1860), extending the time within which a
person intending to contest the election of another as senator or
delegate, may give notice.
No. 45. A bill amending the first section of the third chapter of
the Code of Virginia, defining citizenship.
No. 82T." A bill to authorize the Central lunatic asylum to impress
necessary supplies and transportation.
On motion of Mr. Pendleton,
Resolved, that the committee on printing enquire and report what
legislation (if any) is needed on the subject of the public printing,
and why the journal of this house is not more promptly furnished
by the public printer.
On motion of Mr. Scott,
Resolved, that the committee for courts of justice enquire into the
expediency of reporting a bill authorizing and requiring the common
councils or other authorities of the cities of this commonwealth to
take immediate measures to ascertain the amount of provisions,
usually called necessaries of life, hoarded, stored away and withheld
from sale in. their several cities; also for the seizure and sale of all
such articles found so stored away and withheld from sale.
HOUSE OF DELEGATES.
159
On motion of Mr. Winston,
Resolved, that the committee for courts of justice enquire into the
expediency of increasing the compensation of commonwealth's attor¬
neys, and the fees of commissioners in chancery, clerks of corpora¬
tion, county and circuit courts and of county surveyors.
No. 18. A bill to authorize the impressment of slaves to be em¬
ployed in the repair of certain rail roads, was taken up, on motion
of Mr. Winston.
Mr. Winston submitted an amendment to the bill, to strike out
the entire bill, and insert the following:
"1. Be it enacted by the general assembly, that if the president
of the Confederate States shall deem it essential to the public inte¬
rests, he may transfer to the control of the president and directors of
the Virginia Central rail road company, with their consent, so many
of the slaves called out to work on the fortifications around the' city
of Richmond, drawn from counties through or contiguous to which
said rail road runs, as may be necessary to repair said rail road.
2. Proper rations, medicine and medical attendance shall be fur¬
nished such slaves by said rail road company without charge, and the
value of all such slaves as may die while in the service of said rail
road company, .or thereafter, from injuries received or of diseases
contracted in such service, or from any cause are not returned to
their owners, shall be paid by said rail road company to the owners
of such slaves; and full compensation shall be made to such owners
by the said rail road company for all injuries to such slaves arising
from the act of the public enemy or otherwise while in the service of
the said company: provided, that the said rail road company shall
not be liable for any slave not returned by reason of fraud or collu¬
sion on the part of the owner or his agent, or if his death should be
caused by the act of God, or by disease of such slave, existing when
received by the said rail road company: and in all cases the burden
of proof, between the said rail road company and such owners, shall
be upon the said rail road, company to discharge them from liability
to such owners.
3. Any transfer of slaves under.the first section of this act, shall
be construed as an acceptance by said rail road company, and shall
be held to be an acceptance of all the provisions of this act.
4. This act shall be in force from its passage."
The question being on agreeing thereto, was put, and decided in
the negative.
The question being—Shall the bill be engrossed and read a third
time? Mr. Haymond of Marion demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative.
Mr. Cummings presented a copy of an order of the court of the
county of Washington, at a special term held on the 12th day of
October 18C3, in relation to grievances, consisting in part of strag¬
glers and deserters from the army, roaming especially about the
county of Washington, and robbing citizens, &c.
On motion of Mr. Cummings,
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JOURNAL OF THE
Resolved, that a special committee of five be appointed to enquire
into some proper measure of relief from alleged grievances in South¬
western Virginia, as communicated to this house in the order of the
county court of Washington county, dated October 12th, 1863, and
to this end that said committee be instructed to confer with the sec¬
retary of #var in reference to said complaint, with a view of pro¬
curing the adoption of such measures by the confederate authorities
as will remove the evils complained of, and prevent their recurrence
in future.
A message was received from the senate by Mr. Christian, the
senator from Middlesex, who informed the house of delegates that
the senate had'passed a bill entitled an act amending and re-enacting
chapter 213 of the Code of Virginia, reorganizing the penitentiary,
No. 36: in which they respectfully requested the concurrence of the
house of delegates.
No. 69. A bill abolishing .the board of visitors of the Eastern lu¬
natic asylum, was taken up, on motion of Mr. Custis, and read a se¬
cond time, and two-thirds concurring, read a third time.
,Mr. Custis submitted an amendment by way of substitute; which
was agreed to. ,
The bill as amended was ordered to be engrossed and read a third
time.
The amendments proposed by the senate to the amendments pro¬
posed by the house of delegates to senate bill entitled an act to re¬
organize the militia, with the disagreeing votes of the senate to cer¬
tain other amendments proposed by the house, were taken up.
Mr. Hall moved the indefinite postponement of the bill; and the
question being on agreeing thereto, was put, and decided in the ne¬
gative.
Certain amendments of the senate were agreed to, and certain
others disagreed to.
The house receded from their 6th, 7th, and 9th amendments, and
insisted upon their other amendments disagreed to by the senate.
On motion of Mr. Haymond of Marion,
Resolved, that the house respectfully request the appointment of
a committee of conference to consider the subject of disagreement
between the two houses.
Ordered, that Mr. Anderson inform the senate of the action of
the house, and respectfully ask their concurrence in the resolution
for a committee of conference.
Subsequently, a message was received from the senate by Mr.
Randolph, who informed the house of delegates that the senate had
agreed to the resolution, and appointed a committee on their part.
The Speaker announced the following committee on the part of
the house: Messrs. Anderson, Haymond of Marion, Bpuldin, Brooke,
Cummings, Buford, Pendleton, Goode and Walton.
The report of the committee of privileges and elections, relative
to the contested election from the county of Halifax, was taken up
and read.
The report of the minority of the committee was read.
HOUSE OP DELEGATES.
161
Mr. Chalmers, the sitting member, submitted the following reso¬
lution :
Resolved, that there be a new election by the qualified voters of
the county of Halifax, to fill the seat on this floor held by David
Chalmers, and contested by George H. West; and the question be¬
ing on agreeing thereto,
On motion of Mr. Brooke, the house adjourned until to-morrow,
10 o'clock.
SATURDAY, October 24, 1863.
On motion of Mr. Bouldin, leave was given to the committee of
conference on the disagreement of the two houses in relation to
senate bill entitled an act to reorganize the militia, to sit during the
session of the house.
A communication from the senate, by their clerk, was read as
follows
In Senate, October 23, 1863.
The senate have agreed to the amendments proposed by the house
of delegates to senate bills entitled:
An act to provide for the payment of certain claims against the
Eastern lunatic asylum, No. 47.
An act to authorize the transfer of causes from courts which can¬
not be held by reason of the presence or proximity of the public
enemy, to other circuit courts not so situated, No. 25.
They have passed house bills entitled:
An act for the relief of William F. Ritchie, public printer, No.
54; an act to reorganize the board of trustees for Bethany college,
No. 86.
And they have passed a bill to provide for employing in the pub¬
lic service, or for the public benefit, free negroes convicted of misde¬
meanors, No. 26.
In which bill they respectfully request the concurrence of the
house of delegates.
The following senate bill was read a first and second times, and re¬
ferred to the committee for courts of justice:
No. 26. A senate bill entitled an act to provide for employing in
the public service, or for "the public benefit, free negroes convicted of
misdemeanors.
No. 36. A senate bill entitled an act amending and re-enacting
chapter 213 of the Code of Virginia reorganizing the penitentiary,
was read a first and second times, and referred to the committee on
the penitentiary.
The Speaker announced the following select committee under the
resolution submitted by Mr. .Cummings, agreed to on yesterday;
Messrs. Cummings, Crockett, Shackleford, Bowen and Gilmer.
No. 45. An engrossed bill amending the 1st section of the 3dchap-
21
162
JOURNAL OF THE
ter of the Code of Virginia, defining citizenship, was taken up, on
motion of Mr. Woodley.
On motion of Mr. Woodley, the rule was suspended with.a view
to reconsider the vote* ordering the bill to its engrossment.
The bill was then amended, and as amended ordered to be en¬
grossed and read a third time.
A message was received from the senate by Mr. Dickinson, who
informed the house of delegates that the senate had agreed to joint
resolutions respecting the impressment of the necessaries of life,
with an amendment: in which they respectfully requested the concur¬
rence of the house of delegates.
The following engrossed bills were read a third time and passed:
No. 38. An engrossed bill amending the 1st section of chapter 10
of the Code of Virginia (edition of 1860), extending the time within
which a person intending to contest the election of another as senator
or delegate, may give notice.
No. 47. An engrossed bill to amend the charter of the Merchants
insurance company of the city of Richmond.
No. 65. An engrossed bill declaring certain rail road companies the
only responsible common carriers on their roads, and regulating
charges for express service thereon. , •
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 82. An engrossed bill to authorize the Central lunatic asylum
to impress necessary supplies and transportation, was read a third
time; and the question being—Shall the bill pass? Mr. Wilson of
Isle of Wight moved to lay the bill on the table; and the question
being on agreeing thereto, was put—and it appearing that no quo¬
rum voted, Mr. Crockett moved a call of the house; which was
agreed to.
The roll was then called the first time, when the following gentle¬
men were noted as absent:
Messrs. Ambers, Anderson, Barksdale, Boiildin, Brooke, Buford, Butlet, Cox, Cummings,
Doutkat, English, Evans, Fauntleroy, Ferguson, Fleming, Fletcher, Flood, A. Fry, Goodall,
Graham, Hall, T. S. Haymond, Hoge, nolden, Hughes, F. C. S. Hunter, R. W. IIuul r, J.
B. Johnson, Keiley, Kenney, Kindrick, Lively, Lundy, Lurfy, Magruder, Maguire, McCuc,
Meade, Melvin, Miller, Mullens, Murdaugh, C. A. Nelson, Nolaud, Pendleton, Pietlow,
Powell, Randolph, Richardson, Robertson, I. Robinson, Rowan, Rutlieribord, E. T. bmin¬
ders, Scott, Shelton, Sherrard, Staples, R. F. Taylor, Tomlin, J. Walker, J. C. Walker,
Walton, Ward, Welsh, S. M. Wilson, Woolfolk and Wright.
A quorum appearing,
On motion of Mr. Harris, further proceedings under the call were
dispensed with.
The question recurring on agreeing to the motion to lay the bill
on the table, was put, and decided in the negative.
The question being—Shall the bill pass? Mr. Sheffey submitted
a ryder to the bill; which was read a first and second times, and or¬
dered to be engrossed and read a third time; and the question
being—Shall the bill pass? was put, and decided in the affirmative.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
HOUSE OP DELEGATES.
163
On motion of Mr. Jones, the report of the committee of privi¬
leges and elections, in relation to the contested election from the.
county of Halifax, was taken up; and the question being on agreeing
to the resolution heretofore submitted by Mr. Chalmers, the sitting
member, declaring the seat vacant, and ordering a new election, Mr.
Fry of Madison moved to amend the resolution, by striking out the
resolution, and inserting the following (being in effect the resolutions
of the minority of the committee):
" Resolved, that David Chalmers is not entitled to a seat in the
house of delegates of the preserlt general assembly of Virginia, and
that George H. West was duly elected one of the representatives
of the county of Halifax in the present general assembly."
On motion of Mr. Fry of Madison, George H. West, the con¬
testant, was admitted to a seat upon the floor of the house.
The question being on agreeing to the amendment to the resolu¬
tion, Mr. Jones moved to amend the amendment, by striking out the
entire amendment, and inserting the following:
"Resolved, that the principles decided by the committee of privi¬
leges and elections, in their report to the house, in the contested
election from the county of Halifax, be adopted for the governthent
of the committee in said case; and that the polls referred to in' Said
report of voters of the county of Halifax in the military service for
delegates to the general assembly, sent tb' the secretary of the .com¬
monwealth, be received, and that the contestant and' sitting member
have leave, within days from the passage of this resolution,
to give the proper notice to contest the votes,'each,"on th'e" pdlj" of
the other with a view to determine the right to the seat in thfs. case."
The question being on agreeing thereto, Mr. Kaufman demanded
the previous question; which was sustained by the house; and being
put, was decided in the negative.
The question recurring on agreeing to the amendment submitted
by Mr. Fry of Madison, Mr. Gilmer demanded the previous ques¬
tion ; which was sustained by the house; and being put, was decided
in the negative—Ayes 20, noes 62.
On motion of Mr. Cowan, the vote was recorded as follows :
Ayes—Messrs. Cowan, Crawford, W. O. Fry, Hall, Hendrick, Hutcheson, James, W.
Johnson, Jordan, Linkous, McElroy, Parramore, Pitman, Richardson, Rowan, Scott,
Thomas, J. L. Wilson, Winn and Worsham—20.
Noes—Messrs. Sheffey (speaker), Baker, Bland, Bowen, Bowles, Branch, Bryan, Buffing-
ton, Burr, Burwell, Crockett, Custis, Deane, Deyerle, Dickey, Draper, Ferguson, Gilmer,
Goodall, Goodykoontz, Harris, L. D. Haymond, Herndon, Hiett, Hoge, Holden, Horton,
Irving, Jones, Kaufman, Lynch, Marye, Mathews, McKinney, McMillan, McNeil, Melvin,
Miller, Monroe, Nighbert, Patterson, Randolph, Reid, Riddick, J. A. Robinson, Rust,
Rutherfoord, D. J. Saunders, Shackleford, Smith, Snowden, Staples, Stewart, R. F. Taylor, T.
W. Taylor, Tibbs, Tredway, Welsh, R. J. White, Williams, S. M. Wilson and Woodley—62.
The question recurring on agreeing to the resolution, Mr. Cowan
moved to amend the resolution, by adding thereto the following:
"the said seat being hereby declared vacant;" which was agreed to.
The question being on agreeing to the resolution as amended, Mr.
Woodley moved to amend the resolution, by striking out the entire
resolution, and inserting the doll owing:
" Resolved, that David Chalmers, the sitting member, is entitled
164
JOURNAL OF THE
to his seat in the present house of delegatesand the question being
on agreeing thereto, was put, and decided in the negative.
The question recurring on agreeing to the resolution as amended,
Mr. Staples demanded the previous question; which was sustained
by the house; and being put, was decided in the affirmative.
The resolution as agreed to is as follows:
" Resolved, that there be a new election by the qualified voters of
the county of Halifax, to fill the seat on this floor, now held by
David Chalmers and contested by George H. West, said seat being
hereby declared vacant."
On motion of Mr. Jones, the house adjourned until Monday, 10
o'clock.
MONDAY October 26, 1863.
Prayer by Rev. Dr. Burrows of the Baptist church.
Mr. Anderson, from the committee of conference in relation to
the matters of disagreement of the two houses upon the senate bill
entitled an act to* reorganize the militia, presented the following
report:
The committee of conference, to whom was referred senate bill No.
19, with the amendments proposed by the house, of delegates, have had
the same under consideration, and respectfully submit the following
report:
They recommend that the senate recede from its disagreement to
the 1st, 2d, 3d, 4th, 5th, 6th, 22d, 23d, 27th, 28th, 30th, 32d, 33d,
35th, 35£th, 36th, 37th, 39th, 41st, 43d, 48th, 52d, 55th, 56th, 57th,
58th', 59th, 60th, 61st, 62d, 63d, 64th, 65th, 66th, 67th, 6Sth, 72d,
76th and 85th amendments of the house of delegates.
They recommend that the disagreement of the senate be concurred
in by the house of delegates to the 17th, 25th, 31st, 40th, 42d, 44th,
45th, 46th", 47th, 50th, 51st, 75th and 79th amendments of the house
of delegates.
They recommend that the 11th amendment of the bouse of dele¬
gates be agreed to, with the following amendment: Insert in the 4th
line of the amendment, after the word "select," the following: "or
if there be no company in the county, shall organize them with resi¬
dents of other districts."
They recommend that the house of delegates recede from its disa¬
greement to the amendment of the senate to its amendment, with the
following amendment: Instead of the words stricken out by the
senate, insert the following: "nor shall any term of service com¬
mencing within ten days, from the termination of a preceding term of
service, exceed ten days, except in such emergency as shall require
at least, a fourth of the entire force of the state to be called out."
They recommend that the senate recede from its disagreement to
the 19th amendment of the house of delegates, with the following
HOUSE OF DELEGATES.
165
amendment: Strike 6ut all of the 5th section, down to the word
" and," inclusive, in the 6th line.
They recommend that the disagreement of the senate to the 31st
amendment of the house of delegates be concurred in, arid that the
14th section of the bill be amended, by striking out in the 6th and
7th lines the words "two hundred," and insert in*lieu thereof the
words " one hundred."
They recommend that the senate recede from its disagreement to
the 34th amendment of the house of delegates, with the following
amendment: Insert after the word " paid," in the 5th line of the 15th
section, the words " out of the public treasury."
They recommend the following amendments to the 21st section of
the bill': Strike out all after the word " governor," in the 2d line,
down to the word " may," in the 4th line. Strike out in the 4th line
the words " for that purpose," and insert " to command them."
Strike out in the 9th line the words " or assigned."
They recommend that the disagreement of the senate to the 75th
amendment of the house of delegates be concurred in, and the 30th
section of the bill be amended as follows: Add at the end of the
section the following: "but the companies shall be united in any
subsequent organization that may be made of them."
They recommend that the senate recede from its disagreement to
the 84th amendment of the house of delegates, with the following
amendment: Add at the end of the amendment the following:
"unless such court shall certify, or the governor shall be satisfied
that the danger thereto has ceased; and the governor,, whether, such
certificate be- given or not, may suspend the act in such counties,
cities and towns until the danger ceases."
They also recommend the following amendments to the 2d, 3d,
29th and 37th sections of the bill: Strike out "October 24th," in
the '2d and 29th sections, and insert "November 14th." Strike out
"October 31st," in each of said sections, and insert "November
2lst." In the 3d, 29th and 37th sections, strike out "November
7th," and insert " November 29th." In the 3d section, strike out
"November 14th," and insert "December 5th."
They further recommend the following amendment to the- 36th
section: Insert after the word " sixty-one," in the line, the follow¬
ing : " an act entitled an act to organize a home guard, passed May
14th, 1.862, and the'act amendatory thereof, passed March 30th, 1863."
They recommend the adoption of the following resolution:
" Resolved, that three thousand copies of the act to organize the
state forces be printed with the least possible delay, and that the go¬
vernor be requested to distribute them to the justices of the peace
as speedily as possible, by special messenger or otherwise; and that
he be further requested to cause a synopsis of the said act to be in¬
serted once a week for three weeks in one or more of the newspapers
of the state having the most extensive circulation."
Mr. Thomas submitted the following resolution ;
Resolved, that the governor be requested to ascertain from the
confederate authorities whether Yanked prisoners and deserters are
166
JOURNAL OF THE
discharged from custody, and if so, upon what terms and conditions
they have been so discharged; what number have been discharged,
and if an oath of allegiance or fidelity has been administered to them,
to ascertain and report the form of such oath, and by whom it is ad¬
ministered ; and whether a record is kept, and by whom kept.
Which being objected to, was laid over under the rule :
On motion, of Mr. Lynch,
Resolved, that the committee for courts of justice enquire into the
expediency of so amending section I of chapter 10 of the Code of
Virginia as to allow further time than that now allowed by law, to
any person intending to contest the election of another as senator or
delegate to the general assembly, to give to the other notice thereof.
On motion of Mr. Burwell,
Resolved, that the committee of schools and colleges be instructed
to enquire into the expediency of transferring the pay and duties of
the state guard to a corps of cadets, to be organized and instructed
at an institution of military instruction to be established at the city
of Richmond.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time :
No. 71. A bill to incorporate the Virginia female institute of the
city of Richmond.
No. 77. A bill to amend the charter of the Bank of Rockbridge.
No. 87. A* bill to authorize the government of the Confederate
States to acquire and hold real estate for the purpose of mining coal
and iron, and manufacturing iron and other metals for the public use
and defence, was taken up, amended, and as amended read a second
time ; and the question being—Shall the bill be engrossed and read a
third time ? Mr. James moved that the bill be laid upon the table;
and the question being on agreeing thereto, was put, and decided in
the negative.
The question recurring on the engrossment of the bill, Mr. Ander¬
son demanded the previous question; which was sustained by the
house; and being put, was decided in the affirmative.
A message was received from the senate by Mr. Frazier, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to amend and re-enact section 22 of chapter 34 of the
Code of Virginia (edition of 1S60): in which they requested the con¬
currence of the house of delegates.
A message was received from the senate by Mr. Dickinson, who
informed the house of delegates that the senate had passed a bill en¬
titled an act to provide fuel and lights for the governor's house: in
which they respectfully requested the concurrence of the house of
delegates.
A message was received from the senate by Mr. Randolph, who
informed the house of delegates that the senate had agreed to the
report of .the committee of conference on the matters of disagree¬
ment between the two houses in relation to senate bill No. 19, en¬
titled an act to reorganize the militia.
Subsequently, the report of the committee was taken up j and the
HOUSE OF DELEGATES.
167
question being on agreeing thereto, on motion of Mr. Raymond of
Marion, the report was laid on the table.
On motion of Mr. Jones,
Resolved, that the Speaker of the house be directed to issue a
writ of election to supply the vacancy in the representation of the
county of Halifax in the present house of delegates of the general
assembly.
Mr. Haymond submitted the following preamble and resolutions ;
which were unanimously agreed to :
The house of delegates having heard, with feelings of profound
regret, of the death of Israel Robinson, late a delegate to this legis¬
lature from the county of Berkeley, and being desirous of manifesting
its high regard and consideration for the character of the deceased:
Resolved, that the members and officers of the house sincerely
sympathize with the family of the deceased, in their sad bereave¬
ment—and as an expression of their regard, will wear the usual badge
of mourning during the remainder of the present session of the gene¬
ral assembly.
Resolved, that a committee be appointed to make all proper ar¬
rangements for the funeral, and that the members of the house of
delegates will attend the last ceremonies.
The Speaker announced the following committee under the reso¬
lution : Messrs. Cowan, Haymond, Bland, Kaufman, Monroe, McMil¬
lan, Lurty, White of Brooke and Hancoqk, Robinson of Taylor,
Thomas and Burnett.
On motion of Mr. Haymond, as a further mark of respect for the
memory of the deceased, the house adjourned until to-morrow, 10
o'clock.
TUESDAY, October 27, 1863.
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 26, 1863.
The senate have passed house bill entitled:
An act to amend and re-enact the 14th section of chapter 14 of
the Code of Virginia, as amended and re-enacted by an act entitled
an act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th sec¬
tions of chapter 14; the 14th section of chapter 21; the 27th sec¬
tion of chapter 23, and the 10th section of chapter 66 of the Code
of Virginia (edition of 1860), so as to increase the salaries of certain
officers of the government, passed October 13th, 1863, No.'79.
The amendment proposed by the senate to a resolution from the
house respecting the impressment of the necessaries of life, was taken
up; and the question being on agreeing thereto, was put, and decided
in the negative.
168 JOURNAL OF THE
Ordered, that the clerk inform the senate thereof.
No. 39. A senate bill entitled an act to amend and re-enact section
22 of chapter 34 of the Code of Virginia (edition of 1860), was read
a first and second times, and referred to the committee on military
affairs.
No. 53. A senate bill entitled an act to provide fuel and light for
the governor's house, was read a first and second times, amended, and
as amended read a third time; and the question being—Shall the bill
pass? the roll was called, with the following result—Ayes 68, noes 30.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Bland, Bowles, Branch,
Bryan, Buffington, Burr, Butler, Burwell, Coke, Cowan, Crawford, Cresap, Crockett,
Edwards, Ferguson, Flood, W. O. Fry, Gilmer, Goodall, L. D. Haymond, T. S. Hay-
mond, Hendrick, Herndon, Hiett, Hoge, Horton, James, Jordan, Kaufman, Keiley, Linkous,
Lundy, Marye, Mathews, McCue, McCutchen, McElroy, McMillan, McNeil, Melvin, Mon¬
roe, Nighbert, Parramore, Pendleton, Pitman, Reid, Richardson, Riddick, J. A. Robinson,
Rowan, Rust, D. J. Saunders, Shackleford, Snowden, Stewart, T. W. Taylor, Thompson,
Tibhs, Tredway, Welsh, N. W. White, Williams, Woodley, Woolfolk and Worsham—68.
Noes—Messrs. Bouldin, Bowen, Brooke, Buford, Cummings, Custis, Deane, Deyerle,
Draper, English, Fletcher, A. Fry, Graham, Harris, Huntt, Irving, W. Johnson, Jones, Ken-
ney, Miller, R. E. Nelson, Patterson, Rixey, Smith, Staples, Tomlin, Walton, R. J. White,
Winn and Winston—30.
Resolved, that the bill be rejected.
On motion of Mr. Deane, the rule was suspended with a view to
reconsider the vote by which the bill was rejected.
On motion of Mr. Haymond of Marion, the rule was suspended
with a view to reconsider the vote by which the bill was ordered to
its third reading. -
On motion of Mr. Haymond of Marion, the rule was suspended
with a view to reconsider the vote by which the bill was amended.
The amendment was then, by leave of the house, withdrawn.
The bill was then read a third time; and the question being—
Shall the bill pass? Mr. James demanded the previous question;
which was sustained by the house; and being put, was decided in
the affirmative—Ayes 82, noes 20.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Baker, Bland, Bowles, Branch,
Brooke, Bryan, Buffington, Buford, Burr, Butler, Burwell, Coke, Cowan, Crawford, Cresap,
Crockett, Custis, Edwards, Ferguson, Flood, "W. O. Fry, Gilmer, Goodall, Hall, L. D. Hay¬
mond, T. S. Haymond, Hendrick, Herndon, Hiett, Hoge, Holden, Horton, James, Jones,
Jordan, Kaufman, Keiley, Linkous, Lundy, Lynch, Marye, Mathews, McCue, McCutchen,
McElroy, McKinhey, McMillan, McNeil, Melvin, Monroe, Morgan, Nighbert, Parramore,
Pendleton, Pitman, Pretlow, Reid, Richardson, Riddick, Robertson, J. A. Robinson, Rowan,
Rust, Shackleford, Snowden, Stewart, Thomas, Thompson, Tibbs, Tredway, Walton, Welsh,
N. W. White, Williams, Woodley, Woolfolk and Worsham—82.
Noes—Messrs. Bouldin, Bowen, Deane, Deyerle, Draper, English, Fletcher, A. Fry,
Harris, Irving, W. Johnson, Miller, Patterson, Rixey, F. Saunders, Staples, R. F. Taylor,
Tomlin, R. J. White and Winn—20.
Ordered, that the clerk inform.the senate thereof.
Mr. Brooke, from the committee for courts of justice, to whom
had been recommitted
No. 39. A bill to define and punish the offences of forestalling, re-
grating and engrossing, and to regulate and restrict the intermediate
employment of capital between the producer and consumer, reported
the same with amendments.
Mr. Haymond, from the committee on the penitentiary, to whom
had been referred
HOUSE OF DELEGATES.
169
No. 36. A senate bill entitled an act amending and re-enacting
chapter 213 of the Code of Virginia, reorganizing the penitentiary,
j-cported the same without amendment,
Mr. Cowan, fr^m the committee of arrangements to superintend
the funeral of Israel Robinson, late a delegate from the cbunty of
Berkeley, presented the following report: 1
The committee of arrangements have discharged the duty assigned
them, and respectfully report, that the funeral of the late Israel
Robinson will take place at 3 o'clock this day, from the capitol.
No. 17. A bill to authorize, for a limited period, the impressment
of fuel by the Virginia Central rail road company, wks taken up, on
motion of Mr. Burwell, and read a second time.
Mr. Burwell moved to amend the bill, by striking out all after
the words " Be it enacted by the general assembly," and inserting
the following:
" 1. Every rail road company subject to the provisions of the 61st
chapter of the Code (edition of 1860), shall conform to the follow¬
ing regulations:
2. Whenever any person shall give notice in writing to the super¬
intendent of any such rail road, that he has delivered at any depot,
or1 switch upon the said road, not less than eight cords of wood or
eight tons of coal, consigned to some city, town, village or chartered
institution of learning, upon the line of such road, and that he is pre¬
pared to load the same upon the cars within six hours after such cars
shall be ready to receive it, it shall be the duty of said superinten¬
dent to provide forthwith sufficient transportation for the same.
3. The said rail road companies shall be entitled to receive for the
transportation of such fuel an addition of twenty-five per cent, upon
the rates of freight per ton per mile allowed them by law, and shall
be entitled moreover to demand from any. shipper referred to in the
second section of this act, the delivery at the place of shipment, and
at the value thereof at such place, of one-fourth part of all such fuel,
to be applied to the use of such road. In case of any disagreement
between such company and the shipper of such fuel as to the price
thereof, such company shall be entitled to employ the provisions of
the 56th chapter of the Code (edition of 1860) in fixing the valuation
thereof.
4. If any such company shall fail, to perform the duties imposed
thereon by this act, it shall be subject to a fine of five hundred dol¬
lars in every case j to be recovered in any court having jurisdiction,
by presentment, information or indictment. One-half of such fine
shall be paid to the informer or prosecutor, and the balance to the
commonwealth, according to the provisions of the 43d chapter of
the Code (edition of 1860).
5. This act shall be in force from its passage."
Mr. Deane moved to amend the amendment, by adding at the end
thereof the following: " provided, that the board of public works,
in order to secure the transportation of salt and of fuel for the salt
furnaces, may in their discretion exempt for such periods of time as
said board may order, the Virginia and Tennessee rail road from the
22
170
-JOURNAL OF THE
provisions of this actand the question being on agreeing thereto,
was put, and decided in the affirmative.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative.
The question being on the engrossment of the bill as amended,
was put, and nlecided in the affirmative.
' The Speaker laid before the house the following letter from the
Hon. James A. Seddon, secretary of war, which was read, and on
motion of Mr. Robertson, referred to the committee on confederate
relations:
Confederate States of America, War Department,
Richmond, Va., Oct. 24, 1863.
Sir:
I have the honor to acknowledge your letter of the
21st instant, enclosing a report and resolutions adopted by the house
of delegates on the subject of details by the confederate government.
I am reluctant to suppose the house of delegates contemplated
asserting any jurisdiction or right of supervision over the disposi¬
tion by the confederate government of the soldiers or conscripts
enrolled in its service; yet, to avoid all misconstruction, from the
broad terms of the report and resolutions, it behooves me, as an
officer of that government, respectfully to remind you that it pos¬
sesses exclusive control over the whole subject, and to say that my
answer is dictated by no recognition of other authority in the mat¬
ter, but solely by the consideration which I am happy to feel for the
opinions of the representatives in one of the houses of the general
assembly of Virginia. I have preferred to consider the report and
resolutions as evincive only of the deep interest felt by the house of
delegates in the common cause, and of its desire to afford counsel and
assistance in the discovery and removal of hindrances and abuses
tending to lessen the strength and efficiency of our armies.* Viewed
in this light, I accept the report and resolutions with satisfaction,
and acknowledge my obligations for the information and suggestions
sought to be given by them. I will not deny they might have been
more acceptable, had they been couched less in the language of com¬
plaint and stricture; but I shall not on that account fail to seek from
them the benefits of which they may be susceptible. In furtherance
of that end, I may be pardoned for requesting that the house of dele¬
gates, in substantiation of the somewhat vague and general charges
of the report and resolutions, will require the committee to submit
to the department the proof before them of the cases of imputed
fraud and abuse, with the names of the parties committing or parti¬
cipating in them, on which they have founded their statements. In
my limited experience in the department, I have too frequently found
general charges, when sought to be probed and investigated, unsus-
tained by the facts; but I cannot doubt that adequate evidences were
possessed by the committee and the house before they embodied, in
the form of a report and resolutions, such grave charges. When
furnished with such evidences, I may be enabled, as I shall beprompt,
HOUSE OF DELEGATES.
171
to investigate and correct the supposed abuses. I cannot indulge
the hope, that where so many interests and temptations exist, abuses
and excesses to some extent have not prevailed, but I have been ever
anxious to guard against and remove them. It would be tedious to
enumerate the orders and measures which have been from time to
time adopted by the department to restrict details to the industrial
operations indispensable to the government, and which could not
otherwise be carried on. It has been earnestly sought to withdraw
as few men as possible from military service in the field, and none
when it was not confidently believed they could be more beneficially
employed for the common cause in works of production than in arms.
The resolutions of the house found me engaged in urgent measures
to effectuate such restrictions, and I am happy to be assured of the
co-operation of the house in attaining them. It is with some sur¬
prise, however, as well as satisfaction that I find myself, by the second
resolution of the house, urged to adopt such measures as will in my
opinion substitute men over the conscript age and able-bodied free
negroes by draft, for details from the army. It has been my earnest
wish to do this, and as far as temptations to voluntary engagements
could be presented to the classes referred to, they have been liberally
offered; but I have not been invested by the legislature of the state
with the power of compulsion in the premises. Whenever any effort
of the kind, even under the stress of military necessity, has been
essayed, it has been at once met by discontent and remonstrance,
which members of your house have 011 some occasions been the or¬
gans to express. In the resolution of the house I trust is to be found
a purpose, so far as depends on .them, to afford by appropriate legis¬
lation the command of the resources they recommend. When so
afforded, I shall promptly seek to bring them into efficient use, and
manifest my appreciation of the confidence reposed by the legislature
in the confederate authorities, by a zealous effort to employ the in¬
strumentalities your house has desired.
Very respectfully,
Your ob't serv't*
James A. Seddon,
Scc'y of War.
H. W. Sheffey, Esq.
Speaker House of Delegates of Pa.
The Speaker laid before the house a communication from the
county court of Northumberland, in respect to the eligibility of
Thomas E. Betts, delegate to the general assembly from the coun¬
ties of Lancaster and Northumberland; which was read, and on mo¬
tion of Mr. Jokes, referred to the committee of privileges and elec¬
tions.
Mr. Brooke, from the joint, committee on salt, presented a joint
resolution ratifying the contract entered into between the chairman
of the joint committee on salt and Stuart, Buchanan & Co. and
Charles Scott & Co.
172
JOURNAL OF THE
Mr. Brooke, from the same committee, presented the following
bill:
No. 90. A bill making an appropriation for the purchase of salt;
which was read a first time, and ordered to be read a second time.
The report of the committee of conference upon the matters of
disagreement between the two houses in relation to senate bill No.
19, entitled an act to reorganize the militia, was taken up, on mo¬
tion of Mr. Anderson ; and the question being on agreeing thereto,
Mr. James demanded the previous question; which was sustained by
the house; and being put, the roll was called with the following re¬
sult—Ayes 51, noes 49.
Ayes—Messrs. Sheffoy (speaker), Anderson, Baker, Bland, Bouldin, Bowen, Branch,
Buford, Burr, Butler, Coke, Crawford, Crockett, Deyerle, Draper, Duval, Ferguson, A.
Fry, Gilmer, Goodall, T. S. Raymond, Hendrick, Herndon, Hutcheson, Irving, James,
W. Johnson, Jordan, Keiley, Linkous, Lundy, Mathews', McKinney, Nighbert, Parramore,
Pitman, Reid, Richardson, Robertson, Rowan, Rust, D. J. Saunders, Shackleford, R. F.
Taylor, Tibbs, Welsh, Williams, Winn, Winston, Woodley and Worsham—51.
Noes—Messrs. Ambers, Bowles, Brooke, Bryan, Buffington, Burwell, Cowan, Cummings,
Deane, Edwards, English, Flood, W. O. Fry, Graham, Hall, Harris, L. D. Haymond, Hiett,
Hoge, Horton, Huntt, Jones, Kaufman, Kenney, Lynch, Marye, McElroy, McMillan, Mc¬
Neil, Melvin, Miller, Monroe, Patterson, Pendleton, Pretlow, Randolph, Riddick, Rixey, F.
Saunders, Smith, Staples, Stewart, T. W. Taylor, Tomlin, Tredway, Walton, N. W. White,
R. J. White and Woolfolk—49.
Seventy-seven members not having voted in the affirmative,
Resolved, that the report be rejected.
On motion of Mr. Pendleton,
Resolved, that the senate be informed that the house of delegates
have disagreed to the report of the committee of conference upon
senate bill* No. 19, entitled an act to reorganize the militia, and re¬
spectfully ask the appointment of another committee of conference
upon the matters of disagreement between the two houses on said
bill.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Cowan, the house adjourned until to-morrow,
10 o'clock.
WEDNESDAY, October 28, 1863.
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 27, 1863.
The senate have passed house bill entitled:
An act to provide for the appointment of general agents and store¬
keepers for counties and corporations, No. 15.
- And they have agreed to the amendments proposed by the Jiouse
of delegates to senate bill entitled:
An act to authorize the arrest of deserters by the civil authorities,
No. 35.
HOUSE OF DELEGATES.
173
And they have agreed to sundry amendments and disagreed to
several amendments, and have agreed with amendments to an amend¬
ment of the house of delegates to senate bill entitled:
An act to repeal so much of the ordinance of the 'convention of
April 24th, 1861, as provides for a pay department of Virginia forces,
No. 28.
They have passed a bill entitled:
An act for the relief of Wm. A. Braxton of King William county,
No. 42. t
In which amendments and bill they respectfully request the con¬
currence of the house of delegates.
The amendments proposed by the senate to the amendment of the
house of delegates to senate bill entitled an act to repeal so much of
the ordinance of the convention of April 24th, 1861, as provides for
a pay department of Virginia forces, was taken up.
The first amendment of the senate was agreed to with an amendment.
The second amendment of the senate was agreed to.
The amendments disagreed to by the senate were insisted upon by
the house.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 42. A senate bill entitled an act for the relief of William A.
Braxton of King William county, was read a first and second times,
and referred to the committee on finance.
Mr. Anderson, from the committee on military affairs, to whom
had been referred
No. 39. A senate bill entitled an act to amend and re-enact sec¬
tion 22 of chapter 34 of the Code of Virginia (edition of 1860), re¬
ported the same without amendment.
Mr. Bland submitted the following resolution :
Resolved, that leave be given to bring in a bill amending and re-
enacting the 2d section of an act passed 11th March 1863, entitled
an act to amend and re-enact an act entitled an act to prevent the
unnecessary consumption of grain by distillers and other manufac¬
turers of spirituous liquors, passed October 2d, 1862 ; which, on mo¬
tion, was, laid on the table.
A message was received from the senate by Mr. Taylor, who
informed the house of delegates that the senate had agreed to the
resolution for the appointment of another committee of conference
upon th%e matters of disagreement between the two houses upon
senate bill entitled an act to reorganize the militia, No. 19.
A message was received from the senate by Mr. Coghill, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to amend and re-enact the 9th section of the 57th chap¬
ter of the Code of Virginia (edition of i860): in which they respect¬
fully requested the concurrence of the house of delegates.
Mr. Brooke, from the joint committee on salt, presented a report.
Mr. Brooke, from the same committee, presented the following
bills; which were read a first time, and ordered to be read a second
time:
174
JOURNAL OF THE
No. 91. A bill to amend and re-enact an act entitled an act to au¬
thorize the appointment of an inspector of salt, passed March 30,
1863.
No. 92. A bill to amend and re-enact the 11th section of the act
for the production and distribution of salt, passed March 30, 1863,
as amended by the act passed September 18, 1863.
No. 93. A bill to amend and re-enact the 2d, 5th and 7th sections
of an act entitled an act to provide for the production and distribu¬
tion of salt, passed March 30, 1863.
- No.' 94. A bill to authorize the sale and transportation of salt be¬
longing to John N. Clarkson.
The ^Speaker announced the following committee of conference
on the part of the house upon the matters of disagreement between
the two houses in relation to senate bill No. 19, entitled an act to
reorganize the militia: Messrs. Pendleton, Tomlin, Marye, Shackle-
ford, Monroe, Deane, Irving, James and Keiley.
On motion of Mr. Melvin,
Resolved, that the Speaker of this house is hereby authorized to
issue a writ of election t.o fill the vacancy occasioned by the death of
Israel Robinson, late a member of this house from the county of
Berkeley.
On motion of Mr. Haymond, leave of absence was granted to Mr.
Holden for the rest of the present session.
The Speaker laid before the house a communication from the go¬
vernor, enclosing a letter from the principal of the institution for the
deaf and dumb and the blind at Staunton, in relation to the build¬
ings used by said institution; which was ordered to be referred to the
committee on confederate relations.
The Speaker laid before the house the following communication
from the governor; which was read, and on motion of Mr. Robert¬
son, ordered to be entered upon the journal of the house:
/
Executive Department,
Richmond, Fa., Oct. 28, 1863.
Gentlemen of the Senate
and House of Delegates:
It becomes my painful duty to announce to you the
sudden death of Brigadier General Charles Dimmock. He wasi
stricken with paralysis about 10 o'clock yesterday morning, and re¬
mained speechless and unconscious until his dissolution, which took
place at 12 o'clock last night.
General Dimmock had attained the age of sixty-three years. He
was a graduate of the West Point military academy, in the class of
1821, and after his graduation served with efficiency in the United
States army until September 30, 1836, when he resigned. After his
resignation he came to Virginia to prosecute the profession of a civil
engineer, and subsequently became general superintendent of what
is now known as the Seaboard and Roanoke rail road. While occu¬
pying this position, he-was selected by.Governbr McDowell, and
HOUSE OF DELEGATES.
175
commissioned commandant of the public guard—a position which he
continued to hold to the day of his death.
When the legislature, in anticipation of the war in which, we are
now engaged, created an ordnance department, General Dimmock
was nominated to the senate, and confirmed by that body as its chief
officer.
In all these positions his duties were discharged with scrupulous
fidelity, ability and. energy. From the'year 1860 to the day of his
death his services in the ordnance department have been invaluable
to the state and her cause. Although General Dimmock was a
northern man by birth, he yet. loved Virginia with the affection of a
son, and served her with the fidelity of a son. As a husband, a
father, a citizen, a public officer, he was without reproach. He was
honest, just, patriotic, upright. When such men are taken from us
at a time like this, well may the people mourn.
It is a noticeable fact, that a son of Rockbridge appointed him
commandant of the guard—another from the same county and town
appointed him colonel of ordnance and brevetted him brigadier gene¬
ral for meritorious services during the war, and now announces to
you his death.
His funeral will take place from his residence, to-morrow at 12.
V clock meridian.
Respectfully,
John Letcher,-
The report of the committee on banks relative to the currency,
was taken up, on motion of Mr. Wilson of Isle of Wight; and the
question being on agreeing to an amendment heretofore submitted by
Mr. Buford to the second resolution of the committee, as follows:
" And that the plan submitted with the report is hereby approved by
the general assembly, and recommended to the confidence of the peo¬
ple of Virginia, and -that the legislatures of the other states of the
Confederacy be respectfully invited to take correspondent action
therein," Mr. Wilson of Isle of Wight moved to amend the amend¬
ment, by striking out the words " submitted with this report," and
inserting " contained in the following bill."
" 1. Be it enacted by the general assembly, that the auditor of
public accounts find the second auditor shall be and they are hereby
authorized and directed, under the supervision of the governor, to
sell the stocks now owned by the commonwealth in the several banks
of this state, whether standing in the name of the commonwealth, or
•any of its funds.
2. The said sliles shall be made from time to time as the same can
be effected at fair prices, either at public or private sale, as may be
deemed most advisable by the said officers ; but the same shall not
be sold at less than the par value ; and the several banks shall have
the privilege of purchasing any of said stocks.
3. The 29th, 30th and 31st sections of chapter 44 of the Code of
Virginia of 1860 shall be and the same are hereby repealed.
4. It shall be the duty of the said auditors to proceed to sell, in
176
JOURNAL OF THE
like manner, all the stocks owned by the commonwealth, whether
standing in its name, or in the name of any of its funds, in the capi¬
tal stock of any rail road company in this commonwealth, and all
dividend bonds, or bonds whereby any of said roads or their property
or franchises are mortgaged for the payment of any loan heretofore
effected for the benefit of such roads: provided, that such stocks or
bonds shall not be sold for less than their par value, or less than the
amount specified as due onktheir face. And the said rail road com¬
panies shall have the privilege respectively of purchasing any of the
stocks or bonds issued by their own company. And any of the said
banks or said rail road companies may purchase any of said stocks as
investments of their respective contingent or surplus funds.
5. So soon as one-fifth part of the stocks held in any such rail
road company by the commonwealth, whether standing in its name,
or in the name of any of its funds, are sold, then only two directors
on the part of the commonwealth shall be appointed; and when two-
fifths'thereof shall be sold, then only one director shall be appointed
on the part of the state; and when all of the said stocks shall have
beeh sold;' neither proxies nor directors therein shall be appointed on
the part' of the state. But reports shall be made by each of said
companies, as required by the 61st chapter of the Code of Virginia
(I860).-
6. As soon as the proceeds of the sales herein before authorized,
or -any part thereof, have been paid into the public treasury, the said
auditors,-under the supervision of the governor, are hereby authorized
to invest ;the net proceeds arising therefrom in such of the certificates
of "debt-of the Confederate States government as may be deemed by
them to be advisable. All investments of funds arising from the
sale'" of "stocks belonging to the literary fund or the Dawson fund,
shall be transferred by said officers to said funds respectively, to be
held as the original stocks which were sold were previously held, and
to be applied to the purposes for which they were originally pur¬
chased. All the investments of funds belonging to any other fund
owned by the commonwealth shall be transferred to and made a part
of the sinking fund, to be applied as provided by law for the pay¬
ment of the interest and final redemption of the principal of the pub¬
lic debt, in accordance with the provisions of section 3 of chapter 44
of the Code of Virginia (1860).
7. For every hundred dollars invested by said officers in said certi¬
ficates of debt of the Confederate States, they shall cause to be pre¬
pared certificates of debt of the state of Virginia to an amount equal
to the aggregate amount of such investment. The said certificates
shall be signed by the second auditor, be countersigned by the trea¬
surer, sealed with the seal of the state, be made payable to the holder
thereof, and shall purport that the principal will be payable by the
commonwealth at a day named therein, not more than thirty-four
years from the respective dates of such certificates. Coupons of in¬
terest not exceeding six per cent, per annum, in such form and evi¬
denced in such manner as the said officers shall prescribe, and trans¬
ferable by delivery, shall be attached to the certificates; and the cer-
HOUSE OP DELEGATES.
177
tificates and coupons attached thereto shall he payable at the trea¬
sury of the state, at the times specified in each respectively.
8. The said auditors, under the supervision of the governor, shall
expose to sale, either publicly or privately, the said certificates of
debt from time to time as they may direct. But no certificate so
authorized to be sold shall be sold for less than the sum appearing on
its face to be owing from the state. The net proceeds arising from
the said sale shall be invested in the manner herein before provided,
in such of the certificates of the debt of the Confederate States go¬
vernment as may be deemed by said officers expedient. The said-
certificates of debt so purchased as an investment, shall be held as a
part of the sinking fund of the state, and the interest receivable
therefrom, and the principal when redeemed, shall be applied to the
payment of the public debt, as now prescribed by law, aud in accor¬
dance with the provisions of section 3 of chapter 44 of the Code of
Virginia (1860). 1
9. This act shall be in force from its passage"—
is hereby approved, &c.; and the«question being on agreeing thereto,
The hour of 3 o'clock having arrived, the chair was vacated until
8 o'clock P. M.
EVENING SESSION.
The report of the committee on banks relative to the currency,
was taken up; and the question being on agreeing to the amendment
submitted by Mr. Wilson of Isle of Wight to the amendment to the
second resolution of the committee, Mr. Raymond of Marion moved
that the report and the pending amendments be postponed until the
7th aday of December next; and the question being on agreeing
thereto, Mr. Nelson of Fluvanna demanded the previous questiou;
which was sustained by the house; and being put, was decided in
the affirmative—Ayes 55, noes -34.
On motion of Mr. Buford, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Barksdale, Bland, Bouldin, Brooke, Butler,
Burwell. Crawford, Cresap, Curninings, Draper. Duval, A. Fry, Good,ill, Graham, Harris,
T. ft Haymond, Hemdon, Hiott, Hoiton, Trving*, Jores, Jordan, Kearney. Mai ye, McCue,
McElrov, McMillan, Miller. Monroe, Nighbert, 1'arramore, Patterson, Pend'eton, Pietlow,
Powell. Rixey, Robertson, Rust, Shaekleford, Sin-mini, Smith, Suowden, Staples, R. P.
Taylor. J'. W. Taylor, Tomliu, Tredway, Walton, N. W. White, Williams, Winston, Wool-
folk and Worsham—55.
Noes—Messrs. Anderson, Bowen, Branch, Buford, Harnett, Burr. Coke, Crockett, Peane,
Deyerle, Edwards, Fcigusoii, Flood, W. O. Fry, Gilmer, L. D. Ilaymond W. Johnson,
Kaufman, Iveiley, Luudy, L\ncL, Mag-ruder, Marr. MeCutchen, Melvin. U. E. Nelson, Pit¬
man, Reid, J. A. Robinson, R. J. White, J. L. v\ ilson, Winn and Wootlley—31.
The joint resolution ratifying the contract entered into between
the chairmen of the joint committee on salt and Stuart. Buchanan
& Co. and Charles Scott & Co., was taken up, 011 motiun of Mr.
Brooke ; and the question beiijg on agreeing thereto, was put, anil
decided in the affirmative—Ayes 79.
Aves—Messrs SkefTey (speaker), Ambers, Anderson, Barksdale, Bland, Bouldin, Bowen,
Biunch, Brooke, Burnett, Burr, Butler, L'urwell, C-awford, Ciesap, Crockett, Cunmings,
23
178
JOURNAL OF THE
Deane, Deyerle, Draper, Duval, Edwards, Ferguson, Flood, A. Fry, W. O. Fry, GoodalT,
Graham, Harris, T. S. Haymond, Herndon, Hiett, Hortou, Irving, Jones, Jordan, Keiley,
Kenney, Limdy, Lynch, Magruder. Marr, Marye, McCue, McCutcken, McElroy, McMillan,
McNeil, Melvin, Miller, Monroe, R. E. Nelson, Nighbert, Parramore, Patterson, Pendleton,
Pitman, Pretlow, Reid, Rixey, Robertson, Shackleford, Skerrard, Smith, Snowden, Staples.
Stewart, R. F. Taylor, T. W. Taylor, Tomlin,Tredway, Walton, N. W. White, R. J.White,
Williams, J. L.Wilson, Winn, Wins'ton, Woolfolk and Worsham—79.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 90. A bill making an appropriation for the purchase of salt,
was taken up, on motion of Mr. Brooke, read a second time, and
two-thirds concurring, read a third time and passed—Ayes 79.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Barksdale, Bland, Bouldin, Bowen,
Branch, Brooke, Buford, Burnett, Burr, Butler, Rurwell, Crawford, Cresap, Crockett, Cum-
mings, Deane, Deyerle, Draper, Duval, Edwards, Ferguson, Flood,. A. Fry, W. O. Fry,
Goodall, Graham, Harris, T. S. Haymond, Hendrick, Herndon, Hiett, Horton, Irving, Jones,.
Jordan, Keiley, Kenney, Lundy, Lynch, Magrnder, Marr, Marye, McCue, McCutchen, Mc¬
Elroy, McMillan, Melvin, Miller, Monroe, R. E. Nelson, Nighbert, Parramore, Patterson,
Pendleton, Pitman, Pretlow, Reid, Rixey, Robertson, Shackleford, Sherrard, Smith, Staples,.
R. F. Taylor, T. W. Taylor, Tomlin, Tredway, Walton, N. W. White, R. J. White, Wil¬
liams, J. L. Wilson, Winn, Winston, Woolfolk and Worsham—79.
Ordered, that the clefk communicate the same to-the senate, and
request their concurrence.
On motion of Mr. Bouldin,
Resolved, that the governor's communication transmitting sundry
documents relative to confederate taxes, be referred to the committee
|On finance.
On motion of Mr. Worsham, the house adjourned until to-morrow,
10 o'clock.
THURSDAY, October 29, 186-3.
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 28, 1863.
The senate have passed house bill entitled:
An act to amend the charter .of the Merchants insurance company
of the city of Richmond, No. 47.
They have also passed, with amendments, house bill entitled:
An act amending the 1st section of chapter 10 of the Code of
Virginia (edition of 1860), extending the time within which a per¬
son intending to contest the election of another as senator or dele¬
gate, may give notice, No. 38.
They have passed a bill entitled :
An act authorizing the payment of a sum of money to Lee A.
Dunn of King William county, for extra copies of his land and pro¬
perty books, No. 5S.
They have agreed to the joint resolution from the house of dele¬
gates for the adjournment of the general -assembly.
The committee on enrolled bills having examined sundry enrolled
HOUSE OF DELEGATES.
179
bills, and Found them correctly enrolled, they have been signed by
the president of the senate, and are now communicated for further
signature.
C? #
In which amendments and bill they respectfully request the con¬
currence of the house of delegates.
No. 56. A senate bill entitled an act to amend and re-enact the
9th section of the 57th chapter of the Code of Virginia (edition of
1S60), was read a first, second and third times and passed.
Ordered, th$t the clerk inform the senate thereof.
No.fc 58. A senate bill entitled an act authorizing the payment of
a sum of money to Lee A. Dunn of King William county, for extra
copied of his land and property books, was read a first and second
times, and on motion, laid on the table.
The amendments proposed by the senate to house bill entitled an
act amending the 1st section of chapter 10 of the Code of Virginia
(edition of I860), extending the time within which a person intend¬
ing to contest the election of another as senator or delegate, may
give notice, wfere taken up and agreed to.
Ordered, that the clerk inform the senate thereof.
Mr. Brooke, from the committee for courts of justice, to whom
had been referred
No.'46. A senate bill entitled an act to provide for the trial of
friendly suits m chancery for partition, &c. arising in counties in
the possession1 of the enemy, or threatened with invasion, reported
the sapie without amendment. The bill was then read a third time
and passed.
Ordered, that the clerk inform the senate thereof.
Mr. JIouldin, from the committee on finance, to whom had been
referred the amendments proposed by the senate to house bill enti¬
tled a^ act for the relief of the indigent soldiers and sailors of the
state of Virginia who have been or may be disabled in the military
servicd, and the widows and minor children of soldiers and sailors
who hfive died in the service, and of the indigent families of those
now in service, reported the same, with the recommendation that
they be disagreed to.
The 'resolution heretofore submitted by Mr. Pretlow, that a com¬
mittee fof three be appointed by this house to wait upon the gover¬
nor of this commonwealth, and ask him to make known to the citi¬
zens of Virginia, by proclamation or otherwise, their rights under the
impressment law of the Confederate States, and their course of pro¬
cedure for illegal seizures of their property, was taken up, on motion
of Mr. Pretlow ; and the question being on agreeing thereto, Mr.
Shackleford moved the indefinite postponement of the resolution;
•■and the question being ori agreeing thereto, was put, and decided in
the affirmative.*
Mr. Pendleton, from the committee pf conference on the matters
of disagreement between the two houses in relation to senate bill
.entitled an act to reorganize the militia, No. 19, presented a report;
which was laid on the table, and made the order of the day for this
day at 12 o'clock.
180
JOURNAL OF THE
Mr. Cowan submitted the following resolution, which being ob¬
jected to, was laid over under the rule :
Resolved, that during the residue of the present session, no mem¬
ber shall speak more than once on any one subject, or for a longer
time than five minutes.
The amendment by way of substitute, proposed by the senate to
house bill entitled an act for the relief of the indigent soldiers and
sailors o^tlie state of Virginia who have been or may be disabled in
the military service, and the widows and minor children of soldiers
and sailors who have died or may hereafter die in said service, and of
the indigent families of those now in the service, was taken up, on
motion of Mr. Si-iackleford.
Mr. Shackleford moved to disagree to the senate's amendment;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Ordered, that Mr. Shackleford inform the senate thereof.
A joint resolution defining what commutation for clothing is to be
allowed to non-commissioned officers and privates of the Virginia
state line, reported from the committee on military affairs, was taken
up, on motion off Mr. Pendleton.
Mr. Pendleton submitted an amendment thereto by way of sub¬
stitute ; and the question being on agreeing thereto, was put, and
decided in the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative—Ayes 77, noes 21.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Bowen, Bowles, Branch, Buffing-
ton, Bufo'rd, Burr, Butler, Burwell, Cowan, Crawford, Cresap, Crockett, Deyerle, Draper,
Edwards, Ferguson, Flood, A. Fry, Goodall, Graham, Harris, L. D. Haymond, T. S. Hay-
mond, Herndon, Hiett, Hoge, Hovton, Huntt, Hutcheson, Kaufman, Keiley, Kenney, Lin-
.kous, Lundy, Lynch, Magruder, Marye, McCue, McCutchen, McElroy, Meade, Melvin,
Miller, Morgan, E. E. Nelson, Nighbert, Parramore, Pendleton, Pitman, Powell, Eeid,
Eixey, Robertson, J. A. Robinson, Rowan, Rust, Shackleford, Sherrard, Smith, Snowden,
,Staples, T. W. Taylor, Thomas, Thompson, Tomlin, Walton, Welsh, N. W. White, Wil¬
liams, S. M. Wilson, Winston, Woodley, Woolfolk and Worsham—77.
Noes—Messrs. Barksdale, Bouldin, Deane, English, Fletcher, W. O. Fry, Cilmer,Irving,
Jones, Marr, McKinney, McMillan. Monroe, Riddick, D. J. Saunders, Scott, R. F. Taylor,
'Tredway, Ward, R. J. White and Winn—21.
The resolution as agreed to is as followTs:
" Resolved by the general assembly, that the non-commissioned
officers and privates of the Virginia state line are entitled to the
same commutation for clothing that is allowed by the Confederate
States for the time being; that is to say, at the rate of $50 per an¬
num for such period of their service as is prior to October 8, 1862,
and "at the rate of $134 12 per annum for such period of service as
is subsequent to the 8th day of October 1862, and at said rates for
any shorter period of service; the same to be allowed on the pay
rolls, deducting therefrom, from the pay also, if necessary, the price
of all clothing actually issued in kind to each non-commissioned
officer and private. The amount thereof to be certified by the com¬
pany commandant or the quartermaster of the regiment or battalion
to which the company belonged."
Ordered, that, Mr. Pendleton carry the same to the senate, and
request their concurrence.
HOUSE OP DELEGATES.
181
The hour having arrived for the consideration of the report of the
committee of conference upon the matters of disagreement between
the two houses in relation to senate bill 19, entitled an act to re¬
organize the militia, the report was taken up; and the question
being on agreeing thereto, was put, and decided in the affirmative—
Ayes 87, noes 19.
Ayes—Messrs. Skeffey (speaker), Ambers, Anderson, Barksdale, Bland, Boaldin, Bowen,
Bowles, Branch, Brooke, Buffiugton, Buford, Burr, Butler, Burwell, Coke, Cowan, Craw¬
ford, Cresap, Crockett, Deane, Deyerle, Draper, Duval, Edwards, English, Ferguson, A.
Fry, W. O. Fry, Gilmer, Goodall, Graham, L. D. Haymond, T. S. Haymond, Herndon,
Hiett, Horton, Hughes, Huntt, Hutcheson, Irving, Jordan, Keiley, Linkous, Lynch, Ma-
gruder, Marr, Marye, McCue, McCutchen, McKinney, McMillan, Meade, Melvin, Monroe,
Morgan, R. E. Nelson, Nighbert, Parramore, Pendleton, Pitman, Powell, Randolph, Reid,
Richardson, Riddick, Rixey, Robertson, J. A. Robinson, Rowan, Rust, D. J. Saunders,
Scott, Shackleford, R. F. Taylor, T. W. Taylor, Thompson, Tomlin, Walton, Ward, N. W.
White, R. J. White, Williams, S. M. Wilson, Winn, Winston and Woodley—87.
Noes—Messrs. Cummings, Flood, Hall, Harris, Jones, Kaufman, Kenney, Lundy,
Lurty, McElroy, Miller, Pretlow, Sherrard, Smith, Staples, Tredway, J. L. Wilson, Wool-
folk and Worsham—19.
Ordered, that Mr. Pendleton inform the senate thereof.
The. report is as follows :
The committee of conference, to whom was referred senate bill
19, with the amendments proposed by the house of delegates thereto,
have had the same under consideration, and respectfully submit the
following report:
They recommend that the senate recede from its disagreement to
the 1st, 2d, 3d, 4th, 5th, 6th, 22d, 23d, 27th, 28th, 30th, 32d, 33d,
35th, 354th, 36th, 37th, 39th, 41st, 43d, 48th, 52d, 55th, 56th, 57th,
58th, 59th, 60th, *61st, 62d, 63d, 64th, 65th, 66th, 67th, 68th, 72d,
76th and S5th amendments of the house of delegates.
That the disagreement of the senate be concurred in to the 17th,
25th, 31st, 40th, 42d, 44th, 45th, 46th, 47th, 50th, 51st, 75th and
79th amendments by the house of delegates.
That the 11th amendment of the house of delegates be agreed to,
with the following amendment: Insert in the 4th line of the amend¬
ment, after the word "select," the following: "or if there be no
Company in the county, shall organize them with residents of other
districts."
That the senate recede from its disagreement to the 19th amend¬
ment of the house of delegates, with the following amendment:
Strike out all of the 5th section down to the word "and," inclusive,
in the 6th line.
That the disagreement of the senate to the 31st amendment of the
house of delegates be concurred in, and that the J 4th section of the
bill be amended, by striking out in the 6th and 7th lines the words
"two hundred," and inserting in lieu thereof the words "one hun¬
dred." •
That the senate recede from its disagreement to the 34tli amend¬
ment of the house of delegates, with the following amendment:
Insert after the word "paid," in the 5th line of the 15th section, the
words "out of the public treasury."
That the house of delegates recede from its disagreement to the
amendment of the senate to its 3Sth amendment, with the following
182
JOURNAL OF THE
amendment: Instead of the words stricken out by the senate, insert
the following: "nor shall any term of service commencing within
ten days from the termination of a preceding term of service, exceed
ten days, except in such emergency as shall require at least a fourth
of the entire force of the state to be called out."
They recommend the following amendment to the 21st section of
the bill: Strike out all after the word "governor," in the 2d line,
down to the word "may," in the 4th line. Strike out in the 4th
Jine the words "for that purpose," and insert "to command them."
Strike out in the 9th line the words "or assigned."
That the disagreement of the senate to the 75th amendment of the
house of delegates be concurred in, and the 30th section of the bill
be amended as follows: Add at the end of the section the following:
"but the companies shall be united in any subsequent organization
that may be made of them."
They recommend that the senate recede from its disagreement to
the 84th amendment of the house of delegates, with the following
amendment: Add at the end of the house amendment the following:
" And the governor may, whether such certificate be given or not§
suspend this act in any such county, city or town until the danger
ceases: provided, however, that it shall be the duty of such court,
as soon as such threatened danger shall cease, to certif}?" the fact to
the governor, and thereupon he shall cause this act to be executed in
such county, city or town."
They also recommend the following amendments to the 2d, 3d,
29th and 37th sections of the bill: Strike out " October 24th," in the
2d and 29th sections, and insert " November. 14th." Strike out
"October 31st," in each of said sections, and insert "November
21st." In the 3d, 29th and 37th sections, strike out "November
7th," and insert ".November 29th." In the 3d section, strike out
"November 14th," and insert "December 5th."
They further recommend the following amendment to the 36th
section : Insert after the word " sixty-one" in the 16th line, the fol¬
lowing: "An act entitled an act to organize a home guard, passed
May 14th, 1S62, and the act amendatory thereof, passed March 30th,
1863."
They recommend the adoption of the following resolution :
" Resolved, that three thousand copies of the act to organize the
state forces be printed with the least possible delay, and that the
governor be requested to distribute them to the justices of the peace
as speedily as possible, by special messengers or otherwise; and that
he be further requested to cause a synopsis of the said act to be in¬
serted once a week for three weeks in one or more of the newspapers
of the state having the most extensive circulation."
A message was received from the senate by Mr. Dulaney, who in¬
formed the house of delegates that the senate insisted upon their
amendment by way of substitute to house bill 40, entitled an act
for the relief of indigent soldiers and sailors, &c.
On motion of Mr. Shackleford, the house insisted upon their
disagreement to the amendment of the senate,
HOUSE OF DELEGAlil.
183
On motion of Mr. Shackleford,
Resolved, that the house respectfully ask a committee of confer¬
ence upon the said bill between the two houses.
Ordered, that Mr. Shackleford carry the same to the senate, and
request their concurrence.
On motion of Mr. Jones, the rule was suspended with a view to
reconsider the vote by which the house agreed to the 2d and 3d
amendments proposed by the senate to house bill entitled an act
amending the 1st section of chapter 10 of the Code of Virginia (edi¬
tion of I860), extending the time within which a person intending
to contest the election of another as senator or delegate, may give
notice.
The 2d amendment was then disagreed to.
The 3d amendment was agreed to, with an amendment.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence. ,
No. 41. A bill to amend and re-enact an act passed March 11th,
1863, entitled an act to amend the 39th section of chapter 184 of
the Code of Virginia (edition of 1860), so as to increase the compen¬
sation of clerks 'and sheriffs for public services, was taken up, on
motion of Mr. Keiley, read a second time, and ordered to be en¬
grossed and read a third time; and being forthwith engrossed, two-
thirds concurring, was read a third time and passed.
Ordered, that Mr. Keiley carry the same to the senate, and request
their concurrence.
A message was received from the senate by Mr. Coghill, who in¬
formed the house of delegates that the senate had agreed to the joint
resolution ratifying the contract entered into between the chairmen
of the joint committee on salt and Stuart, Buchanan & Co. and
Charles Scott & Co.; that they had passed house bill 40, entitled
an act making an appropriation for the purchase of salt, with an
amendment; and that they had passed a bill entitled an act to amend
and re-enact the second, fifth and seventh sections of an act entitled
an act to provide for the production and distribution of salt, No.. 61;
a bill entitled an act to amend and re-enact the 11th section of the
act for the production and distribution of salt, passed March 30th,
1863, as amended by the act passed September ISth, 1S63, No. 62;
a bill entitled an act to amend and re-enact an act entitled an act to
authorize the appointment of an inspector of salt, passed March 30th,
1863; a bill entitled an act to authorize the sale and transportation
of salt belonging to John N. Clarkson, No. 64: in which amendment
and bills they respectfully requested the concurrence of the house of
delegates.
A message was received from the senate by Mr. Frazike, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act providing an additional appropriation to the Virginia mili¬
tary institute: in wliich they respectfully requested the concurrence
of the house of delegates. •
No. 52. A bill declaring who shall be exempt from military ser¬
vice under an act to organize the state forces, was taken up, on mo-
181
%oui;nal op the
tion of Mr. Anderson, and read a second time. Pending the con¬
sideration of which, the hour of 3 o'clock having arrived, the chair
was vacated until 8 o'clock P. M.
evening session.
No. 52. A bill declaring who shall be exempt from military ser¬
vice under an act to organize the state forces, was taken up.
Mr. Anderson moved to amend the bill, by adding thereto the
following: "all licensed ministers of the gospel" (so as to exempt
them). Mr. Haymond moved to amend the amendment, by striking
out all thereof, and inserting: "all ministers of the gospel recognized
as such according to the rules of their church;" aud the question
being on agreeing thereto, was put, and decided in the affirmative.
The question recurring on agreeing to the amendment as amended,
was put, and decided in the affirmative—Ayes 72, noes 17.
On motion of Mr. Bradford, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Ander.-on, Bouldin, Bowen, Branch, Brooke,
Buford, Burr, Butler, Burwell, Coke, Crockett, Cunimings, Deane, Deyerle, Draper. Ed¬
wards, English, Flood, Gilruer, Graham, Harris, L. D. Haymond, T. S. Haymond, Hen-
drick, Herudon, Hortou, Hutcheson, Irving, W. Johnson, Jones, Jordan, Kaufman, Ken-
ney, Lundy, Lynch, Magruder, McCue, McE.roy, McMillan, Meade, Melvin, Miller, Mon¬
roe, Morgan, It. E Nelson, Nighbert, Pitman, Pietlow, Powell, Keid, Riddick, J. A. Ro¬
binson, Rust, L). J. Saunders, E. T. Saunders, Staples, Stewart, R. P. Taylor, T. W. Tay¬
lor, Thompson, Tredway, J. Walker, Walton, N. W. White, J. L. Wilson, Winn, Win-,
ston, Woodley, Woolfolk and Worsham—72.
Noes—Messrs Barksdale, Buffington, Ciawford, Cresap, Duval, W. O. Fry, Hall, Hiett,
Marr, McKiuney, Pendleton, Rixey, Robertson, Shackleford, Sherrard, Smith and Toui-
lin—17.
On motion of Mr. BfeooKE, the bill was laid on the table.
The amendment proposed by the senate to house bill entitled an
act making an appropriation for the purchase of salt, was taken up
and agreed to.
Ordered, that the clerk inform the senate thereof.
No. 01. A senate bill entitled an act to amend and re-enact th&
2d, 5th and 7th sections of an act entitled an act to provide for the
production and distribution of salt, was read a first and second times,
and on motion of"Mr. Deane, laid on the table.
No. 60. A senate bill entitled an act providing an additional appro¬
priation to the Virginia military institute, was read a first and second
times; and the question being—Shall the bill be read a third time?
Mr. McCue demanded the previous question; which was sustained
by the house; and being put, was decided in the affirmative.
The question recurring on the passage of the bill, Mr. Jones
demanded the previous question; which was sustained by the house;
and being put, the roll was called, with the following result—Ayes
62, noes 21:
Ayes—Messrs. Sheffey (speaker), Ambers,' Anderson, Baiksdale, Bouldin, Branch,
Brooke, Buffington, Burnett, Burr, Butler, Burwell, Coke, Craw fold, Crockett, Cummings,
Deyerle, Draper, Duval, Edwards, English,Flood, w. o. Fry. Gilmer, Hendrick, Herudon,
Hutcheson, Irving, Jones, Jordan, Kaufman, Kenney, Linkous, Lynch, Magruder, Marr,
Marye, McElroy, McMillan, Meade, Meivin, Nighbeit, Pitman, Powell, Reid,. Robertson,
HOUSE OP DELEGATES.
185
D. J. Sim rulers. E. T. Saunders, Scott, Smith. Staples, T. W. Taylor, T red way, Walton,
Welsh, N. W. White, Williams, Winn, Winston, Wondley, Woolfolk and Worsham—(52.
Not s—Messrs. Bowen, Buford, Deanc, Graham, Hall, Harris, T. S. Haymond, Hictt,
Hortnn Me,Cue, Monroe, R. E. Nelson. Pendleton, Pretlow, Shackleford, Sherrard, Stew ait,
R. F. Taylor, Thompson, Toinlin and J. Walker—21.
A majority of the whole *house not having voted in favor of the
biH,
Resolved, that the bill be rejected.
On motion of Mr. Tomltn, the rule was suspended with a view to
reconsider the vote by which the bill was rejected, and the bill laid
on the table.
On motion of Mr. Buford, the house adjourned until to-morrow,
10 o'clock.
FRIDAY, October 30, 1863.
Prayer by Rev. Dr. Burrows of the Baptist church.
No 62. A senate bill entitled an act to amend and re-enact the
11th section of the act for the production and distribution of salt,
passed March 30th, 1S63, as amended by the act passed September
28, 1S63, was read a first and second times, and on motion, read a
third time and passed.
Ordered, that the clerk inform the senate thereof.
No. 63. A senate bill entitled an act to amend and re-enact an act
entitled an act to authorize the appointment of an inspector of salt,
passed March 30th, 1863, was read a first and second times, and on
motion of Mr. Haymond, laid on the table.
No. 64. A senate bill entitled an act to authorize the sale uud
transportation of salt belonging to John N. Clarkson, was read a
first and second times.
Mr. Buford moved to amend the bill, by striking out the words
"grant to said Clarkson transportation for," and to insert "and to
allow said Clarkson to transport;" and the question being on agree¬
ing thereto, was put, and decided in the affirmative. Mr. English
moved to amend the bill, by striking out the following: "And the
board of public works is authorized to allow said Clarkson to trans¬
port said salt, in such manner as may not conflict with the prior
right of transportation now held by the state, or with the equal
rights of other citizensand the question being on agreeing thereto,
was put, and decided in the negative—Ayes 49, noes 50.
On motion of Mr. Deane, the vote was recorded as follows:
Ayes—Messrs. Sheffey (speaker), Ambers, Barksdale, Bouldin, Bowen, Branch, Burr,
But.er, Bunvell, Coke, Crawford, Crockett, Cumniings, Dcane, Deyerle, English, leigu-
eon, Flood, Goodall, Graham, Harris, Horton, Irving, Jones, Jordan, Kenney, Magntder,
Mair, Me,Cue, McElroy, McKinuey, Melvin, Mil er, K. E. Nelson, Pretlow, Reid, Riddick,
Robertson, 1). J. Saunders, E. T. Saunders, Shackleford, Smith, Stewart, Thompson, Toin¬
lin, Ward, N. W. White, S. M. Wilson and Winn—49
Noes—Messrs. Bland, Bowie*, Brooke, Buffington, Buford, Burnett, Cowan, Duval, Ed¬
wards, W. O. Fry, Hall. L. D. Haymond,T. S. Haymond, Heudrick, Herndon, Hictt, Hi ge,
Huut(, Hutcheson, W. Johnson, Kaufman, Liukous, Luudy, Lurty, Lynch, McCutchen,
24
•186 JOURNAL OF THE
McMillan, Monroe, Murdaugh, Nighbert, Pendleton, Pitman, Powell, Randolph, Richard¬
son. Rixey, Snowden, Staples, R. F. Taylor, T. W. Taylor, Tredway, J. Walker, Walton,
Welsh, Williams, J. L. Wilson, Winston, Woodley, Woolfolk and Worsham—GO.
The bill was then read a third time; and the question being on
agreeing thereto, was put, and decided in the affirmative—Ayes 61,
noes 39.
On motion of Mr. Shackleford, the vote was recorded as follows:
•
Ayes—Messrs. Sheffey (speaker), Bland, Bowles, Brooke, Buffington, Buford, Burnett,
Burr, Butler, Cowan, Cresap, Deyerle, Duval, Edwards, Ferguson, A. Fry, W. O. Fry,
Goodall. Hall, L. D. Raymond. T. S. Haymond, Hendrick, Herudon, Hoge, Huntt, Hutche-
eon, W. Johnson, Jones, Kaufman, Linkous, Lundy, Lurty, Marye, McCutchen, McMillan,
Morgan, Murdaugh, Nighbert, Pendleton, Pitman, Powell, Richardson, Riddick, Rixey,
D. J. Saunders, E. T. Saunders, Scott, Snowden, Staples, R. F. Taylor, T. W. Taylor,
Thomas, Tredway, J. Walker, Walton, Welsh, Williams, J. L. Wilson, S. M. Wilson,
Winston and Worsham—61.
Noes—Messrs. Ambers, Barksdale, Bouldin, Bowen, Branfch, Burwell, Coke, Crawford,
Crockett, Cuifimings, Deane, Draper, English, Graham, Harris, Hiett, Horton, Irving, Jor¬
dan, Magruder, McElroy, McKinney, Melvin, Miller, Monroe, R. E. Nelson, Pretlow, Ran¬
dolph, Rwid, Robertson, Shackleford, Smith, Stewart, Thompson, Toiulin, Ward, Winn,
Woodley and Woolfolk—39. - 1
Ordered, that Mr. Brooke carry the same to the senate, and re¬
quest their concurrence.
Mr. Bouldin, from the committee on finance, to whom had been
referred
No. 42. A senate bill entitled an act for the relief of William A.
Braxton of King William county, reported the same, with a recom¬
mendation that it do not pass.
Mr. Cowan, from a select committee, presented the following bill:
No. 95. A bill to authorize the auditor to pay the funeral expenses
of Israel Robinson, late delegate from the county of Berkeley, which
was read a first time, and two-thirds concurring, was read a second
time, and ordered to be engrossed and read a third time; and being
forthwith engrossed, two-thirds concurring, was read a third time
and passed—Ayes 90.
Ayes—Messrs. Sheffey (speaker), Ambers, Barksdale, Bland, Bouldin, Bowen, Bowles,
Branch, Brooke, Buffington, Buford, Burnett, Burr, Burwell, Coke, Cowan, Crawford, Cre¬
sap, Crockett, Cumniings, Dearie, Deyerle, Duval, Edwards, English, Ferguson, Flood,
A. Fry, W. O. Fry, Graham, Hall, Harris, L. D. Haymond, T. S. Haymond, Hendrick,
Herndon, Iliett, Hoge, Horton, Hutehesou, Irving, Jones, Jordan, Kaufman, Kenney,
Lundy, Lynch, Magruder, Marr, McCutchen, McElroy, McKinney, Meade, Melvin, Miller,
Monroe, Morgan, Murdaugh, R. E. Nelson, Pendleton, Pitman, Powell, Randolph, Reid,
Riddick, Rixey, J. A. Robinson, D. J. Saunders, E.T. Saunders, Scott, Shackleford, Smith,
Snowden, Staples, Stewart, K. F. Taylor, T. W. Taylor, Thompson, Toiulin, Tredway,
J. Walker, Walton, Ward, Welsh, N. W. White, j. L. Wilson, S. M. Wilson, Wimi,
Winston and Woodley—90.
Ordered, that Mr. Cowan carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate by Mr. Dickerson, who
informed the house of delegates that the senate had passed a bill
entitled an act providing compensation for the pages and porters
of the senate and house of delegates, and for the clerk of the joint
committee on salt, and the engineer employed to examine the condi¬
tion and the capacities of the salt wells, &c., No. 57: in which they
respectfully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Christian, the
senator from Augusta, who informed the house of delegates that
HOUSE OF DELEGATES.
187
the senate had passed a bill entitled an act authorizing the county
court of Washington to dispense with the law of enclosures in said
county, No. 65: in which they respectfully requested the concurrence
of the house of delegates.
A message was received from the senate by Mr. Dulaney, who
informed the house of delegates that the senate had agreed to a reso¬
lution of the house of delegates in regard to the appointment of a
committee of conference on the matters of disagreement between
the two houses on a bill entitled an act for the relief of the indi¬
gent soldiers and sailors of the state of Virginia who have been or
may be disabled in the military service, and the widows and minor
children of soldiers and sailors who have died or may hereafter die in
6aid service, and of tH<l indigent families of those now in service.
The Speaker announced the following copmittee on the part of
the house: Messrs. Shackleford, Walton, Irving, Haymond of Brax¬
ton, Deane, Bowen, Lundy, Harris and Deyerle.
No. 63. A bill to amend and re-enact an act entitled an act to
amend and re-enact an act entitled an act to amend and re-enact an
act entitled an act to prevent the unnecessary consumption of grain
by distillers and other manufacturers of spirituous and malt liquors
(passed October 2, 1862), passed March 11, 1863, was taken up.
The bill was then amended.
Mr. Bouldin moved to amend the bill by adding at the end of the
1st section the following: "provided, that this act shall not be con¬
strued to prohibit, during the present year, the distillation of the
juice extracted from the cane of sorghum, when the same, prior to
the passage of this act* may, from fermentation, have become unfit
for tlie manufacture of molasses, or the fermented juice of the cane
extracted therefrom, after the same shall have been used for the
manufacture of molasses;" and the question being on agreeing
thereto, was put, and it appearing that no quorum voted, Mr. Harris
moved an adjournment; and the question being on agreeing thereto,
was put, and decided in the negative—Ayes 13, noes 70.
On motion of Mr. Staples, the vote was recorded as follows:
Ayes—Messrs. Buffington, Burwell, Cresap, W. O. Fry, Harris, L. D. Haymond, Hiett,
Hutelieson, McElroy, Morgan, J. A. Robinson, Ward and Worsham—13.
Noes—Messrs. Sheffey (speaker), Ambers, Baiksdale, Btaud, Bouldin, Bowen, Bowles,
Branch, Brooke, Buford, Burnett, < 'owan, Crawford, Crockett, Cummings, Deane, Deyerle,
Draper, Duval, English, Ferguson, Flood, A. Fry, Graham, Hendrick, Herndon. Horton,
Huntt, Irving, W. Johnson, Jones, Kaufman, Kenney, Lurty, Lynch, Magruder, Marr,
Marve, McCue. McCutchen, Meade, Melvin, Miller, R. E. Nelson, Pendleton, Pitman, Reid,
Riddick, Rixey, Robertson, D. J. Saunders, E. T. Saunders, Shackleford, Smith, Staples,
Stewart, T. W. Taylor, Thompson, Tomlin, Tredway, J. Walker, Walton, Welsh, N. W.
White, Williams, J. L. Wilson, S. M. Wilson, Winn, Winston and Woodley—70.
A quorum appearing, the question being on agreeing to the amend¬
ment, was put, and it appearing that no quorom voted, Mr. Rixey
moved an adjournment; and the question being on agreeing thereto,
was put, and decided in the negative—Ayes 15, noes 66.
On motion of Mr. Winston, the vote was recorded as follows:
Ayes—Messrs. Buffington, Burwell, Draper, Duval, Edwards, W. O. Fry, L. D. Hay¬
mond, Hiett, McCutchen, McElroy, Rixey, J. A. Robinson, Ward, S. M. Wilson and
Worsham—15.
No^a—Messrs. Sheffey (speaker), Ambers, Barltsdale, Bland, Bouldin, Bowen, Bowles,
188 JOURNAL OF THE
Branch, Buford, Burnett, Burr, Butler, Cowan, Crawford, Crockett, Cummings, Dearie,
Deyerle, English, Ferguson, Flood, A. Fry, Goodall, Graham, Hall, Harris, T. S. Haynioud,
Hendrick, Hortou, Huntt, Irving, W. Johnson, Jones, Kaufman, Kenney, Lynch, Magru-
der, Marye, McCue, Meade, Melvin, Morgan, K. E. Nelson, Pitman, Pretlow, Powell, Reid,
Riddick, Robertson, D. J. Saunders, E. T. Saunders, Smith, Staples, Stewart, T. W. Tay¬
lor, Tomlin, Tredway, J. Walker, Walton, Welsh, N. W. White, Williams, J. L. Wilson,
Winn, Winston and Woodley—66.
The question recurring on agreeing to the amendment, was put,
and decided in the affirmative.
The bill was then further amended, and as amended, read a second
time, and ordered to be engrossed and read a tbird time.
On motion of Mr. Magruder,
Resolved, that it be referred to a special committee to enquire into
the expediency of reporting a bill to amend the 13th section of the
34th chapter of the Code concerning the miliary institute.
The Speaker announced the following committee under the reso¬
lution :
Messrs. Magruder, Haymond of Marion, Deane, Tomlin, Nelson of
Fluvanna, Burwell, Monroe and Reid.
No. 60. A senate bill entitled an act providing an additional ap¬
propriation to the Virginia military institute, was taken up, on mo¬
tion of Mr. Tomlin, and read a third time; and the question beings-
Shall the bill pass ? the hour of 3 o'clock having arrived, the chair
was vacated until 8 o'clock P. M.
EVENING SESSION.
Mr. Buford submitted the following resolutions: /
Resolved, that one thousand additional copies of the report of the
committee on banks on the subject of currency, as amended, and of
the plan proposed by the member from the county of Isle of Wight,
be printed for the use of members.
Resolved, that the Speaker appoint a committee of five, whose
duty it shall be, by correspondence or other modes of intercourse
with the executives and legislatures of the other states, to invite such
action and co-operation by the several states on the subject of our
general finances, as will best conduce to the common welfare, and
that such committee make report to this house at the opening of the
ensuing session of the general assembly; and the question being on
agreeing thereto, was put and decided in the affirmative.
On motion of Mr. Buford, the Speaker was added to the com¬
mittee under the second resolution.
Mr. Brooke, from the joint committee on salt, presented a report
upon the communication of the governor, enclosing a letter from the
governor olf Georgia; which was laid on the table and ordered to be
printed. Doc. No. 18.
Mr. Magruder, from a select committee, presented the following
bill:
No. 96. A bill to amend the 13th section of chapter 34 of the
Code, concerning the Virginia military institute; which was read a
HOUSE OP DELEGATES.
189
first time, and two-thirds concurring, was read a second time, and
ordered to be engrossed and read a third time.
No. 45. An engrossed bill amending the first section of the third
chapter of the Code of Virginia defining citizenship, was taken up,
on motion of Mr. Pendleton, and on his further motion, laid on the
table.
A message was received from the senate by Mr. Coghill, who in¬
formed the house of delegates that the senate had agreed to a report
of the joint committee on salt, on a communication from the go¬
vernor, enclosing a communication from the governor of Georgia, in
respect to interruption in the transportation of salt belonging to that
state: 'in which they asked the concurrence of the house of delegates.
Mr. Shackleford moved to reconsider the vote by whiph the fol¬
lowing bill was ordered to be engrossed :
No. 87. A bill to authorize the government of the Confederate
States to acquire and hold real estate for the purpose of mining coal
and iron, and manufacturing iron and other metals for the public use ■
and defence.
The question being on agreeing to the motion, was put, and de¬
cided in the affirmative.
The bill was then amended, and as amended read a second time,
and ordered to be engrossed and read a third time.
No. 60. A senate bill entitled an act providing an additional ap¬
propriation to the Virginia military institute, was taken up, on mo¬
tion of Mr. Tomlin, and read a third time; and the question being—
Shall the bill pass? the roll was called, with the following result—
Ayes 69, noes 9 :
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Barksdale, Bouldin, Bowen,
Branch, Brooke, Burnett, Burr, Butler, Burwell, Crockett, Cummings, Deaue, Deyerle,
Draper, Duval, Edwards, Flood, A. Fry, W. O. Fry, Goodall, Graham, L. D. Haymond,
Herudon, Horton, Hutcheson, Irving, Jones, Jordan, Kaufman, Keiley, Kenney, Linkous,
Luudy, Lynch, Magruder, Marr, Marye, McCue, McElroy, McKinney, Meade, Miller, Nigh-
bert, Pendleton, Pitman, Pretlow, Reid, Robertson, D. J. Saunders, Shackleford, Smith,
Thomas, Thompson, Tomlin, Tredway, J. Walker, J. C. Walker, Walton, Welsh, N. W.
White, J. L. Wilson, S. M. Wilson, Winn, Winston, Woodley and Worsham—69.
Noes—Messrs. Crawford, Hall, T. S. Haymond, Hendrick, Hiett, W. Johnson, Mc-
Cutchen, Morgan and Stewart—9.
Seventy-seven members not having voted in favor of the bill,
Resolved, that the bill be rejected.
No. 66. A bill authorizing the payment of fees of commissioners
of tl.e revenue, was taken up and read a first time, and two-third.s
Concurring, read a second time, and ordered to be engrossed and read
a third time; and being forthwith engrossed, two-thirds concurring,
was read a third time and passed—Ayes 78.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Barksdale, Bouldin, Bowen,
Branch, Brooke, Buford, Burnett, Burr, Butler, Burwell, Crawford, Crockett, Cummings,
Dearie, Draper, Duval, Edwards, Flood, A. Fry, W. O. Fry, Goodall, Graham, L. D. Hay¬
mond, T. S. Haymond, Hendrick, Herndon, Hiett, Hortou, Hutcheson, Irving, W. John-
sou, Jones, Jordan, Kaufman, Keiley, Kenney, Linkous, Lundy, Lynch, Magruder, Marr,
Marye, McCue, McCutchen, McElroy, McKinney, Mead,e, Miller, Morgan, R. E. Nelson,
Nighbert, Pendleton, Pitman, Pretlow, Reid, Riddick, Robertson, D. J. Saunders, Shackle¬
ford, Smith, Stewart, Thomas, Thompson, Tomlin, Tredway, J. Walker, J. C. Walker,
Walton, Welsh, N. W. White, J. L. Wilson, S. M. Wilson, Winn, Winston, Woodley and
Worsham—7$.
190
JOURNAL OP THE"
Ordered, that Mr. B'ouldin carry the same to the senate, an J re¬
quest their concurrence.
No. 77. An engrossed bill to amend the charter of the Bank of
Rockbridge, was taken up, on motion of Mr. Reid, read a third time
and passed.
Ordered, that Mr. Reid carry the same to the senate, and request
their concurrence.
The report of the joint committee on salt was taken up, on motion
of Mr. Jones, laid on the table and ordered to be printed.
No. 21. A bill to amend and re-enact section 11 of chapter 203 of
the Code of Virginia, was taken up, on motion of Mr. Buck, and
read a second time; and being forthwith engrossed, two-thirds con¬
curring, was read a third time and passed—Ayes 83.
Ayes—Messrs. Sheffey (speaker), Ambers, Anderson, Barksdale, Bouldin, Bowen,
Branch, Brooke, Buffingtou, Buford, Burnett, Burr, Butler, Bnrwell, Crawford, Crockett,
Cummings, Deane, Deyerle, Draper, Duval, Edwards, Flood, A. Fry, W. O. Fry, Good all,
Graham, Hall, Harris, L D. Haymond, T. S. Haymond, Hendrick, Herndon, Hiett, Hor-
ton, Hutcheson, Irving, Jones, Kaufman, Keiley, Kenney, Linkous, Lundy, Lynch, Ma-
gruder, Marr, Marye, McCue, McElroy, McKinney, Meade, Melvin, Miller, Morgan, 11. E.
Nelson, Nighbert, Pendleton, Pitman, Pretlow, Reid, Richardson, Riddick, Robertson, D. J.
Saunders, Shackleford, Sherrard, Smith, Stewart, Thomas. Thompson, Tomlin, Tredway,
J. Walker, J. C. Walker, Walton, Welsh, N. W. White. J.L.Wilson, S M. Wilson, Winn,
Winston, Woodley and Worsham—83. .
Ordered, that Mr. Burr carry the same to tho senate, and request
their concurrence.
No. 57. A senate bill entitled an act providing, compensation for
the pages and porters of the.senate and house of delegates, and for
the clerk of the joint committee on salt, and the engineer employed
to examine the condition and capacities of the salt wells, &c., was
taken up, on motion of Mr. Richardson, read a first and second
times, and on motion, laid on the table.
On motion of Mr. Walton, the house adjourned until to-morrowt
10 o'clock.
SATURDAY, OCTOBER 31, 1863.
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In Senate, Oct. 30, 1863.
The senate have receded from their second amendment to house
bill entitled:
An act amending the 1st section of chapter 10 of the Code of Vir¬
ginia (edition of 1860), extending the time within which a person
intending to contest the election of another as senator or delegate,
may give notice, No. 38.
And they have agreed to the amendment of the house to the amend¬
ment of the senate to -the title of the said bill.
And they have passed house bills entitled:
An act to amend and re-enact an act passed March the 11th, 1S63,
HOUSE OF DELEGATES.
m
entitled an act to amend the 39th section of chapter 184 of the Code
of Virginia (edition of 18(50), so as to increase the compensation of
clerks and sherifFs for public services, No. 41.
An act to authorize the auditor to pay the funeral expenses of
Israel Robinson, late delegate from Berkeley county, No. 95.
An act refunding to John Nunan part of a license tax paid by him.
No. 7S.
An act to amend and re-enact section 11 of chapter 20S of the
Code of Virginia, No. 2L.
They have agreed to the joint resolution from the house of dele¬
gates defining what commutation for clothing is to be allowed to tho
non-commissioned officers and privates of the Virginia state line.
They have agreed to the amendment of the house of delegates to
senate bill entitled:
An act to authorize the sale and transportation of salt belonging
to John N. Clarkson, No. 64.
The report of the joint committee on salt, on a communication
from the governor, enclosing a communication from the governor of
Georgia, in respect to interruption in the transportation of salt
belonging to that state, was taken up, and the resolutions agreed to.
The report and resolutions areas follows:
The joint committee, to whom has been referred the message of
the governor of this commonwealth, inviting the attention of the
general assembly to an accompanying communication from the go¬
vernor of Georgia, relative to supply of salt, beg leave to report:
That they have had the subject therein referred to under careful
consideration, and can find nothing in the character of the rules
adopted by the board of public works touching the transportation of
salt, which would justify the conclusion that our sister state of
Georgia has been shamefully treated, or require the interposition of
4;he general assembly to rebuke it.
Your committee appreciate very fully the importance, as well aa
the propriety of cultivating relations of comity and kindness between
the states of this Confederacy. Engaged as they are in a common
struggle, and dependent, in a great measure, upon the prevalence of
a spirit of harmony and brotherhood for the ultimate triumph which
they hope to achieve, it is the obvious policy of the several states to
avoid, in their commercial intercourse, any measure which may lead
to discord and discontent.
Nevertheless, your committee cannot consider it reasonable that
this principle should be carried to such an extent as to absorb all
other considerations. It must be held in subserviency to the higher
obligation, under which every government is laid, to provide specially
for the safety and welfare of its own people: and tested by this
standard, the conduct of the board of public works has been, in the
opinion of your committee, entirely unexceptionable. For while it
wonJH be gross illiberality in the authorities of the state of Virginia
to deny to any of her sister states all proper facilities for sharing in
the beuefits to be derived from the production and distribution of an
adequate supply of salt, it would be manifest injustice to her own
192
JOURNAL OF THE
people to permit the enjoyment of such privileges in such manner as
to deprive them of advantages to which they are properly entitled.
As your committee understand the resolution adopted by the board
of public works in relation to this subject, it provides, in substance,
as follows: That foreign trains shall be permitted to run upon the
rail roads of this commonwealth, upon condition that such trains
shall transport the salt manufactured by states, when awaiting trans¬
portation, in preference to salt manufactured on private account, or
for purposes of speculation.
The effect of this rule would seem to be to insure to the people of
the states interested in the production of salt, an adequate supply,
upon the most reasonable terms, and to protect them against the evils
of speculation and extortion. It certainly cannot be regarded as im¬
proper that this state should require that trains of other states, after
transporting the salt of such states, should transport for the state of
Virginia, before transporting the salt of private manufacturers, whose
interest it is to sell at extortionate prices.
This rule, properly construed, does not give the state of Virginia
any priority in the use of foreign trains over the state to which such
trains belong. If such has been the result in any case, it must have
been due to the uncertainty which attached to the true character of
some of the enterprises purporting to be conducted on state account.
A repetition of such mistakes may be effectually prevented, by
adopting such rules as will certainly fix the true relation which en¬
terprises bear to the several states.
To accomplish this object, your committee submit the following
resolution, and recommend its passage by the general assembly:
Resolved by the general assembly, that the power conferred by the
act of March 30th, 1S63, upon the superintendent of salt works, to
control (under the control of the board of supervisors) transportation
on the several rail roads of this commonwealth, for the conveyance
of supplies to the salt works, &c., shall, so far as trains belonging to
other states are concerned, be exercised so as to allow transportation
by said trains in the following order of priority:
1st. To the transportation necessary for the Confederate States
government.
2d. To the transportation necessary for the state owning or em¬
ploying such trains, in the production and distribution of salt made
by such state for the supply of its own citizens, and not the subject
of speculation. In ascertaining the true character of any of the
works employed in the manufacture of salt, the ceitificate of the
governor of any state, under the seal thereof, shall be regarded as
unquestionable evidence of the facts stated therein.
3d. To the transportation necessary for the state of Virginia in the
production and distribution of state salt.
4th. To the transportation necessary for private citizens or corpo¬
rations of the state owning or employing said trains. *
Your committee submit herewith a communication from the board
of supervisors, and also a communication from Hon. B. H. Bigham,
Agent for Georgia.
HOUSE OP DELEGATES.
193
■Resolved, that the governor be requested to transmit'to the gover¬
nor of Georgia a copy of this report, and a copy of his communica¬
tion addressed to the general assembly of Virginia, calling their
attention to the subject of the communication of the governor of the
state of Georgia.
The resolutions were severally agreed to.
Ordered, that the clerk inform the senate thereof.
No. 05. A senate bill entitled an act authorizing the county court
of Washington to dispense with the law of enclosures in said county-,
was read a first and second -times, and on motion of Mr. Cummings,
read a third time and passed.
Ordered, that the clerk inform the senate thereof.
Mr. Brooke, from the committee for courts of justice, presented
the following bill:
No. 97. A bill authorizing in -certain cases the settlement <of fidu¬
ciary accounts before commissioners in chancery of courts other than
those in which such fiduciaries have been appointed, or in which the
instruments creating their authority have been recorded.
Mr. Robertson, from the committee on confederate relations, pre¬
sented the following report and resolutions:
The committee on confederate relations, to whom was referred a
communication ©f the secretary of war to the speaker of the house
of delegates, dated 24th October 1S63, have duly considered the
-same, and beg leave to report:
The house of -delegates of Virginia knows too well what is due to
its own just importance, as well as-to the dignity of the state it re¬
presents, to consent to enter into any controversy with a member of
the president's cabinet. Yet the occasion seems to call for a brief
exposition nf the light in which this house regards its privileges in
reference to other branches of the government, as well as for some
notice of one or two :p©ints of the secretary's communication.
That the subject may be properly understood, they beg to intro¬
duce here the report and resolutions referred to in the letter of the
secretary of war. They arenas follows:
The committee on confederate relations, to whom was referred a
resolution, with instructions to enquire into the subject of details for
the Confederate States army, for government and other works, with
a view to the reduction of the number of said details, beg leave to
report: \
That the best examination they have been able to give the subject,
and the facts brought to their knowledge, though not so full and
specific as they could wish, lead them to believe that the evil is a
great and growing one, and unless arrested, will be most disastrous
in its consequences to the strength and efficiency of the armj\ The
committee are informed that great frauds have been practiced on the
government in this matter; that men are or have been detailed in
large numbers to perform work altogether unnecessary, or which
could as readily have been performed by other labor; that in some
cases, perhaps many, they have been detailed at the instance of con¬
tractors, to whom they have paid a bonus for procuring the detail,
25
194
JOURNAL OF THE
or for whom they are working gratuitously, as a consideration there¬
for, and that too when such contractors could easily procure other
labor, if they would pay for it, at reasonable prices, of persons not
within the conscript age. That a large number of the men thus de¬
tailed have furnished other labor in their stead (in some cases negro
labor), and are themselves employed in their former business pur¬
suits, or engaged in speculation. That large numbers have been
detailed without regard to their fitness or skill in the operations to
which they are assigned. That in one county in this state as many
as one-third of the entire conscript force of the county have been
detailed—a large part of them to cut wood for a furnace which has
already a year's supply of wood on hand.
' The committee are of opinion that this state of things is producing
many incidental and consequential evils in the country, and particu¬
larly a degree of dissatisfaction on the part of the people at large,
and the older citizens of the country, who believe (the committee
think with reason) that the present apparent necessity for putting
the old men and boys in the service, is in a great measure, if not en¬
tirely/ due to this cause.
The committee feel sure that the government of the Confederate
States is ignorant of the extent of the frauds and evils referred to;
and inasmuch as the remedy is exclusively within the power of that
government, they recommend the adoption of the following resolu¬
tions :
1. Resolved, that the attention of the secretary of war be called
to the frauds and evils growing out of the present details in the con¬
federate army, and that he be requested to adopt such prompt and
effective measures as he may deem judicious and proper to prevent
the same, and return to their commands the persons thus detailed.
2. That the secretary of war be further requested to adopt such
measures as will in his opinion substitute men over the conscript age,
and the labor of free negroes, by a draft, if necessary, for those now
detailed from the ranks, if the same can be done without detriment
to the public service.
3. Resolved, that the Speaker of this house transmit to the secre¬
tary of war a copy of the foregoing report and resolutions.
They regret that the secretary of war should have allowed himself
to employ the tone of rebuke', in which he has thought proper to
address the house, and which it is apparent is alike unprovoked and
unwarranted by the act on which he comments. That the house did
not require to be reminded that "the confederate government pos¬
sesses exclusive control over the whole subject" of details, or to be
admonished by the secretary, that his answer was " dictated by no
recognition of other authority in the matter," will sufficiently appear
by the distinct recognition, in terms by this house, that the remedy
for the evils to which his attention was called, was " exclusively
within the power of that government." But the right so far to exer¬
cise a supervision over the manner in which that authority may bo
'exerted, by whatever officer of the confederate government the dis¬
charge of it may be confided to, as to see that the rights of the citi-
HOUSE OF DELEGATES.
195
zens of tliis state are not injured or violated by its exercise, to remon¬
strate against all injurious modes of exercising it, and to demand the
proper reformation, is claimed by this house, and will be exerted
whenever they deem it necessary, in respect to any officer of that
government.
The house declines, out of a proper respect for itself and its com¬
mittee, to require, or to permit, the committee wbich brought in the
report and resolutions transmitted-to the secretary, to submit to that
officer the proofs on which they founded their statement of ^abuses,
in the matter of details from the army, in order that, it may obtain
his credence. Independent of the considerations that their statement
is in terms based on information satisfying them of the existence of
the evils indicated, but not so specific as they could wish of the no¬
toriety of the existence of them, and that the admission of their
existence, implied in the "numerous orders" and " urgent measures"
of the secretary of war to effectuate restrictions of improper details,
would seem to obviate all necessity for the adoption of such a course,
it is enough that this house deemed no such demand on the commit¬
tee necessary to satisfy them that there existed adequate grounds for
their statements, and therefore had no hesitation to adopt them as
their own. The obvious aim of the house and of the committee, so
far, has been merely to add their testimony to the existence of gene¬
ral abuses, and the forms of them, in order to facilitate the correction
of them, not to arraign individuals or to specify cases. »They do not
doubt that the secretary of war is, as he states, earnestly engaged in
efforts to remedy these evils, but they regret to observe, as not in
• accord with these endeavors, the impatience he so causelessly mani¬
fests at-the well-meant intervention of this house in aid of his efforts.
If disappointed in the expectation that adequate remedies will be ap¬
plied to an evil so injurious in its effects on the people they represent,
it may then become their duty to give a more special form to their
intervention, and present and call for the application of a proper re¬
medy to specific cases of abuse, which they have not heretofore deemed
necessary.
Assembled in extra session mainly on account of the inability of
the confederate government to extend to the citizens and territory
of Virginia that full protection which its interests, as well as those
of the whole Confederacy, render most desirable should be secured—
which it is the duty of the confederate government to afford, and
which it well knew that government was most anxiously endeavoring
to effect, it certainly never supposed, that whilst earnestly occupied
in framing measures in aid of these objects, it was to shut its eyes to
any facts which, in its opinion, contributed to produce that inability.
On the contrary, it deemed it to be its plain duty, at a moment when,
for the cause stated, new and onerous duties were about to be im¬
posed upon the whole arms-bearing population of the state, to look
closely into every cause that in any manner or to any extent con¬
tributed to produce a state of things rendering these new and oppres¬
sive calls upon the people necessary, and to take every proper step
to remove or correct every impediment or abuse having that tendency,
196
JOURNAL OF THE"
which they might discover to exist. • Among the causes contributing-,
in their opinion, to diminish the ability of the confederate-govern¬
ment to afford that protection which the whole reserve of our citi¬
zens was thus to be organized to secure, and to which the house of
delegates directed their attention, equally, as they had hoped and
Supposed, with the strong and- thankful approval of the confederate
government, which they yet think it may justly challenge—and
believe it actually receives, unless the secretary of war be an excep¬
tion—\yere mainly prominent. These were desertion, and the multi¬
form abuses of the detail—both prolific sources of the depletion and.
lessened efficiency of our armies, and calling loudly for repressioa
and correction. They did not, in respect to either, at a time like this,
content themselves with exhibiting a stolid indifference to the great
interests involved, or an unseasonable respect for official etiquette.
They did not say "let the deserters go—it is no business of ours;'r
but they said, more wisely and patriotically, " the confederate govern¬
ment has.its hands full j is doing all it can with its means; can illy
spare its good troops to look after its bad; we will help them." Did
they imagine for a moment, that in doing this they might be rebuffed
for encroaching on the exclusive authority over desertions from its
army, of the confederate government, though, technically, they doubt¬
less were? It is not understood or believed the confederate govern¬
ment so views their course in that regard, or holds it, although doubt¬
less an interference with its admitted exclusive authority over the
subject, otherwise than wholly acceptable. And why, where the
mischief is hardly less, and the abuse notorious, should the same
assembly hesitate to call attention to the serious and ramified evils of
the system of details, and to demand of the confederate authorities,
in the name of the whole people of Virginia, who by reason of them,
in part, are exposed to new and oppressive burdens, that they dili¬
gently scrutinize and promptly correct these great and baneful abuses.
In like manner, the general assembly has recently directed its at¬
tention to great and vital questions of the distribution of food, So as
to secure adequate supplies to all the people. If they have found,
according to their opinion, that local scarcities and dearness of pro¬
visions have been occasioned by the manner in which the confederate
authorities have exercised their power of impressment and of pur¬
chase, shall they not request a modification of a policy attended with
such consequences ? Or, if they find, or believe, that the policy pur¬
sued is not only thqs injurious in its effects, but is further not war¬
ranted by the objects, or by the scope of the authority given to the
confederate officers, shall they hesitate to call attention to the en¬
croachment, and demand that it be forborne? Shall the representa¬
tives of the people of Virginia close their ears to the voice of their
well founded complaints, and seal their timid lips to proper remon¬
strances against any errors of judgment, or misconception of powers,
that would, in their opinion, lead to an aggravation of the public
discontent, lest they be told they are interfering with the exclusive
control of the confederate government over the subject out of which
they have arisen?
house op delegates.
197
Is not the legislature, also, now considering how it may best aid
the confederate government in its endeavors to extricate itself from
the disorders of the currency, and fast accumulating burdens upon
the treasury ? Is not this done with the full sanction and concur¬
rence of the head of the treasury department; and would he or the
confederate government suppose for a moment that in doing this the
legislature should be precluded from the fullest enquiry into the
causes of these disorders ; and if traceable to that government or its
officers, point out the cause, and urge its removal ?
In pursuing such a course, in these and ai.ll similar cases, they
would be asserting no authority over the subject, but they would,
and they do assert the right and recognize the duty, in all cases
whatever, where burdens fall upon their constituents by reason of
acts of commission or omission of any public servant of the people,
whether in their state or confederate government, and of whatever
grade, to direct his attention to any just ground of complaint, and to
demand its removal. This is all they have done, or proposed to do,
by the report and resolutions which have elicited the strictures con¬
tained in the communication of the secretary of war of the 24th in¬
stant. Their privilege to do this, and their duty to do it, in the case
presented, they reiterate; nor shall the fear of having,ascribed to
them a purpose, not entertained, of invading the proper authority of
the confederate government, or any impatience of any of its officers,
on account of a respectful request to correct any abuses, under his
control, which may impose unnecessary burdens or inconvenience on
the people of this commonwealth, ever deter this house from per¬
forming that duty, whenever, in their opinion, a proper case for its
exercise shall exist. They recommend the adoption of the following
resolutions:
1. Resolved, that the house of delegates fully recognize the duty
alike of the confederate and state authorities, of careful abstinence,
on the part of each, from any encroachment on the proper sphere of
action of the other, and of the most harmonious co-operation in all
acts that may promote the public interest or guard the public safety.
2. Resolved, that they claim a right of enquiring into all matters
whatsoever affecting any subject coming properly within the scope
of their legislative powers: and if, in such investigation, it shall ap¬
pear that burdens or injury are occasioned to the people they repre¬
sent, by the erroneous, defective or improper exercise of its power
by any other department of the government, state or confederate,
they assert, on behalf of the people, the right to point out the ex¬
istence of the abuse or evil to such department, and not only to ask,
but to demand its correction.
3. Resolved, that in the course pursued by the house of "delegates,
in the case under consideration, these principles have been strictly
observed, and have been acted on in a manner which admits of no
just exception.
The resolutions were agreed to.
On motion of Mr. Pendleton,
Resolved, that the clerk of the house be directed to have printed
198
JOURNAL OP THE
one thousand copies of the acts of a public character, passed at the
present session of the general assembly, in pamphlet form, without
side notes or index; and that he be further directed to publish the
laws of this session, with side notes and index, in the volume of the
Acts of the next regular session of the general assembly.
Mr. Huntt, from the committee on enrolled bills, presented the
following report:
The committee on enrolled bills have had under examination sun¬
dry such bills, and finding them correctly enrolled, respectfully report
them for further examination.
Ordered, that Mr. TIuntt carry the same to the senate.
Mr. Shackleford, from the committee of conference upon the
matters of disagreement between the two houses upon house bill en¬
titled an act for the relief of indigent soldiers and sailors of the state
of Virginia, and of their families, &c., No. 40, presented the following
report:
The committee of conference on the disagreement of the two
houses on house bill 40, for the relief of the indigent soldiers
and sailors of the state of Virginia, and their families, beg leave to
report, that the committee of conference unanimously recommend
that the senate shall recede from its amendment to said bill.
Wm. H. Dulant,
Chn. senate corrCee.
B. H. Shackleford,
Chn. house conCee.
An engrossed bill to amend and "re-enact an act entitled an act to
amend and re-enact an act entitled an act to amend and re-enact an
act entitled an act to prevent the unnecessary consumption of grain
by distillers and other manufacturers of spirituous and malt liquors
(passed October 2d, 1862), passed March 11th, 1863, was taken up,
on motion of Mr. Magruder, read a third time and passed.
On motion of Mr. Magruder, the title was amended so as to read
as follows: " An act to prevent the unnecessary consumption of
grain, sorghum, &crby distillation, and repeal all prior acts on the
subject."
Ordered, that Mr. Magruder carry the same to the senate, and
request their concurrence.
Mr. Haymond, from the committee on the penitentiary, presented
a letter from Colin* Bass, superintendent of the penitentiary; which
was read, and on motion, laid on the table.
No. 87. An engrossed bill to authorize the government of the Con¬
federate States to acquire and hold real estate for the purpose of
mining cfcal and iron, and. manufacturing iron and other metals for the
public use and defence; .was taken up, on motion of Mr. Shackle¬
ford, and read a third time; and the question being—Shall the bill
pass? Mr. Pendleton moved the indefinite postponement of the bill;
and the question being on agreeing thereto, Mr. Cowan demanded
the previous question; which was sustained by the house; and being
put, was decided in the negative—Ayes 30, noes 56.
HOUSE OP DELEGATES.
199
On motion of Mr. Pendleton, the vote was recorded as follows:
Ayes—Messrs. Ambers, Bowen, Burnett, Cummings, Edwards, Ferguson, Goode, Gra¬
ham, Hiett, Horton, Hughes, Hutcheson, Jones, Kaufman, Kenney, McElroy, McKinney,
Meade, Miller, Morgan, Pendleton, Pretlow, Riddick, J. A. Robinson, Sherrard, Smith,
Thomas, Thompson, Tomlin, J. C. Walker and Welsh—30.
Noes—Messrs. Sheffey (speaker), Barksdale, Bowles, Branch, Brooke, Buffington, Bu-
ford, Burr, Butler, Burwell, Cowan, Cresap, Crockett, Deane, Draper, English, Flood, a.
Fry, W. O. Fry, L. D. Haymond, T. S. Haymond, Hendrick, Hoge, Huntt, Irving, W.
Johnson, Jordan, Keiley, Linkous, Lundy, Lynch, Magruder, Marye, McCue, Melvin, R.
E. Nelson, Nighbert, Pitman, Powell, Randolph, Reid, Robertson,'D. J. Saunders, E. T.
Saunders, Scott, Shackleford, Snowden, Stewart, Tredway, J. Walker, Walton, Ward, S.
M. Wilson, Winston, Woodley and Worsbam—56.
Mr. IIavmond submitted a ryder to the bill; which was read a first
and second times, and ordered to be engrossed and read a third time.
The question recurring on the passage of the bill, was put, and de¬
cided in the affirmative.
Ordered, that Mr. Shackleford carry the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Christian, the
senator from Augusta, who informed the house of delegates that the
seriate had disagreed to the report of the committee of conference
upon the matters of disagreement between the two houses upon se¬
nate bill entitled an act to reorganize the militia, No. 19.
A message was received from the senate by Mr. Bird, who in¬
formed the house that the senate agreed to the report of the com¬
mittee of conference in relation to the matters of disagreement be¬
tween the two houses in relation to house bill entitled an act for the
relief of the indigent soldiers and sailors of the state of Virginia who
have been or may be disabled in the military service, and the widows
and minor children of soldiers and sailors who have died or may here¬
after die in said service, and of the" indigent families of those now in
service.
On motion of Mr. Shackleford, the report was taken up; and
the question being on agreeing thereto, was put, and decided in the
affirmative—Ayes 82.
Ayes—Messrs. Sheffey (speaker), Ambers, Barksdale, Bouldin, Bowen, Bowles, Branch,
Brooke, Buffington, Burnett, Burr, Butler, Burwell, Cowan, Crawford, Cresap, Crockett,
Cummings, Deane, Deyerle, Draper, English, Ferguson, Flood, A. Fry, W. O. Fry,
Goodall, Goode, Graham, Hall, L. D. Haymond, T. S. Haymond, Hendrick, Hermlon,
Hiett, Horton, Huntt, Irving, J. B. Johnson, W. Johnson, Jones, Jordan, Kaufman, Ken¬
ney, Linkous, Lundy, Magruder, Marye, McCutchen, McElroy, McKinney, Meade, Melvin,
Miller, R.-E. Nelson, Nighbert, Pitman, Pretlow, Randolph, Reid, Riddick, J. A. Robinson,
, I). J. Saunders, E. T. Sauuders, Scott, Shackleford, Sherrard, Smith, Snowden, Stewart,
Thomas, Tomlin, J. Walker, Walton, Ward, Welsh, Williams, J. L. Wilson, S. M. Wilson,
Winn, Winston, Woodley and Worsham—82.
Ordered, that Mr. Robertson inform the senate thereof.
No. 17. An engrossed bill to authorize, for a limited period, the
impressment of fuel by the Virginia Central rail road company, was
taken up, on motion of Mr. Ambers, read a third time and passed.
< )n motion of Mr. Ambers, the title was amended so as to read as
follows: "An act requiring certain rail road companies to provide for
the transportation of fuel in certain cases."
Ordered, that Mr. Ambers carry the same to the senate, and re¬
quest their concurrence.
200
JOURNAL OP THE
Mr. Robertson* submitted the following resolution ; which was
concurred in:
Resolved by the general assembly, that to correct a prevalent im¬
pression, already attended by injurious consequences, and threaten¬
ing others still more serious to the non-producing classes of the com¬
munity, the secretary of war be respectfully requested to announce,
in some public manner, that no breadstuff's, or provisions of any
kind, in transitu between the producer and consumer, or on their
way to market to be put on sale, or to any mill to be prepared for
market, shall be impressed, or subjected to any terms in regard to
the disposal of them, or be so impressed or Subjected to conditions,
while in the hands of the consignee for sale, or of the miller for
transmission to market or for sale, by any agent of his department,
under the authority given to him by the act of congress of March
1S63, to accumulate necessary supplies for the- army.
Ordered, that Mr. Robertson carry the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Gut, who informed
the house of delegates that the senate had passed a bill entitled an
act for the enrollment of free negroes to be employed in the public
service, No. 55; and that they had agreed to a joint resolution
instructing the keeper of the rolls to have published in one or more
newspapers published in the city of Richmond, the act entitled an
act for the relief of indigent soldiers and sailors, &c.: in which bill
and resolution they respectfully asked the concurrence of the house
of delegates.
Mr. Buford submitted the following resolution :
Resolved, that the senate be respectfully requested to return the
message of this house announcing its agreement to the report of the
committee of conference on the disagreement between the two houses
in respect to senate bill 19, to reorganize the militia.
The question being on agreeing thereto, was put, and decided in
the negative.
On motion of Mr. Brooke, the chair was vacated until 8 o'clock
P. M.
EVENING SESSION.
No. 57. A senate bill entitled an act providing compensation for
the pages and porters of the senate and house of delegates, and for
the clerk of the joint committee on salt, and the engineer employed
to examine the condition and capacities of the salt wells,' &c., was
taken up, and on motion, laid on the table, and made the order of the
day for half past 8 o'clock.
No. 96. An engrossed bill to amend the 13th section of chapter
34 of the Code of Virginia, concerning the Virginia military institute,
was read a third time, and on motion, laid on the table.
A message was received from the senate by Mr. Brannon, who
HOUSE OP DELEGATES.
201
informed the house of delegates that the senate had passed, with
amendments, house bill entitled an act to prevent the unnecessary
consumption of grain, sorghum, &c.,. by distillation or otherwise,
and to repeal all former acts on this subject: in which amendments
they respectfully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Christian of
Augusta, who informed the house of delegates that the senate had
passed house bills entitled an act to amend the charter of the Bank
of Rockbridge, No. 77; an act authorizing the payment of fees of
commissioners of the revenue, No. 66; an act to amend and re-
enact the 17th section of the 61st chapter of the Code of Virginia,
giving priority of transportation for food to consumers, No. 84; and
an act requiring certain rail road companies to provide for the trans¬
portation of fuel in certain cases, No. 17; and have agreed to the
amendments of the house to senate bill entitled an act to repeal so
much of the ordinance of the convention of April 24th, 1861, as
provides for a pay department of Virginia forces, No. 28.
No. 55. A senate bill entitled an act for the enrollment of free
negroes to be employed in the public service, was read a first and
second times ; and the question being—Shall the bill be read a third
time ? the hour having arrived for the consideration of the order of
the day,
No. 57. A senate bill entitled an act providing compensation for
the pages and porters of. the senate and house of delegates, and for
the clerk of the joint committee on salt, and the engineer employed
to examine the condition and capacities of the salt, wells, &c., being
the order of the day, was taken up.
Mr. Pendleton moved to strike out the portion of the bill giving
ten dollars a day to the clerk of the joint committee on salt; and
the question being on agreeing thereto, was put, and decided in the
affirmative. ,
The bill wTas then read a third time; and the question being—
Shall the bill pass ? Mr. Pendleton demanded the previous question;
which was sustained by the house; and being put, the roll was called
with the following result—Ayes 68, noes 12 :
Ayes—Messrs. Sheffey (speaker), Barksdale, Bland, Bouldin, Bowles, Branch, Buford,
Burnett, Butler, Burwell, Cowan, Crawford, Crockett, Cummings, Deane, Draper, Ed¬
wards, W. O. Fry, Goode, Graham, Hall, Harris, L. D. Haymond, T. S. Haymond, Hen-
drick, Horton, Hutcheson, Irving, J. B. Johnson, Jones, Jordan, Kaufman, Kenney, Lin-
kous, Lundy, Lynch, Magruder, Marr, Marye, McCue, McCutchen, Meade, Miller, Morgan,
R. E. Nelson, Pitman, Pretlow, Powell, Reid, Robertson, D. J.-Saunders, E. T. Saunders,
Shackleford, Sherrard, Snowden, Thompson, Tredway, J. Walker, J. C. Walker, Walton,
Ward, Williams, J.'L. Wilson, S. M. Wilson, Winn, Winston, Woodleyand Worsham—68.
Noes—Messrs. Bowen, Brooke, A. Fry, Hiett, W. Johnson, Kindrick, McElroy, McMil¬
lan, Pendleton, J. A. Robinson, Stewart and Tomlin—12.
A majority of the whole house not having voted in favor of
the bill,
Resolved, that the bill be rejected.
On motion of Mr. Brooke, the rule was suspended, with a view
to reconsider the vote by which the bill was rejected, and the bill
laid on the table.
The amendments proposed by the senate to house bill entitled an
26
202
JOURNAL* OF THE
act to prevent the unnecessary consumption of grain, sorghum, &C.,
by distillation or otherwise, &c., were taken up and concurred in.
Ordered, that the clerk inform the senate thereof.
The amendment proposed by the senate to house bill entitled an
act to authorize the governor to hire free negro and other convicts to
woi'k in coal pits, was taken up and agreed to.
Ordered, that the clerk inform the senate thereof. '
No. 71. An engrossed bill to incorporate the Virginia female insti¬
tute of the city of Richmond, was taken up, and on motion of Mr.
Saunders of Richmond, read a third time and passed.
Ordered, that the clerk communicate the same to the senate, and
request their concurrence.
No. 49. A bill for the protection of sheep, and to increase the
growth of wool, was taken up, on motion of Mr. McCue, amended,
and as amended read a second time; and the question being—Shall
the bill be engrossed and read a third tinft ?
On motion of Mr. Jones, the house adjourned until Monday, 10
o'clock.
MONDAY, November 2, 1863.
The following resolution from the senate was taken up and
agreed to:
Resolved by the general assembly, that the keeper of the rolls be
instructed to cause to be published, in one or more newspapers
published in the city of Richmond, the act entitled an act for the relief
of the indigent soldiers and sailors of the state of Virginia who have
been or may be disabled in the military service, and the widows and
minor children of soldiers and sailors who have died or may hereafter
die in said service, and of the indigent families of those now in
service.
Mr. Crockett submitted the following resolution; which, on
motion of Mr. Bouldin, was laid on the table:
Resolved, that a special committee be appointed, with instructions
to prepare and report a bill providing for the enrollment of all white
male residents of the state between the ages of 16 and 55 years, in
such manner as to distinguish those between 18 and 45 from all others
so enrolled.
The Speaker announced the following select committee under a
resolution heretofore agreed to in relation to the currency, &c.:
Messrs. Buford, Wilson of Isle of Wight, Deane, Burr and Ed¬
wards (by former action of the house, the Speaker was appointed a
member of the committee).
On motion of Mr. Wilson of Isle of Wight, Mr. Wilson of Nor¬
folk was added to the committee.
On motion of Mr. Brooke,
Resolved (the senate concurring), that the joint committee on salt
HOUSE OF DELEGATES.
205
have leave to report further at the next session of the general
assembly.
Ordered, that Mr, Brooke carry the same to the senate, and re¬
quest their concurrence.
Subsequently, a message was received from the senate by their
clerk, who informed the house of delegates that the senate had agreed
to the resolution.
On motion of Mr. Burr,
Resolved, that the committee on finance enquire into the expe¬
diency of repealing or amending the act to amend the 4th, 5th and
56th sections of the 87th chapter of the Code of Virginia, relating
to rent and fees to be paid to the proprietors of tobacco warehouses
and inspectors.
On motion of Mr. haymond'of Marion,
Resolved, that the clerk of the house be directed to prepare and
preserve a calendar of bills, &c. upon their first, second and third
readings, and furnish the same, printed, to the members of the house
of delegates on the 7ih day of December next.
On motion of Mr. Tomlin, leave was given to withdraw from the
files of the house the memorial of George Taylor, &c. in relation to
a former superintendent of the penitentiary.
On motion of Mr. KeIley, leave was given to withdraw from the
files of the house the memorial of J. S. Boisseau, presented at the
present session.
On motion of Mr. English, leave was given to withdraw from the
files of the house a memorial of justices of the county of Henrico, in
relation to the exemption of constables.
On motion of Mr. Linkous, the journal was corrected on the 60th
page, so as*to record his name in favor of the motion raising a joint
committee on salt.
On motion of Mr. JBurwell,
Resolved, that the thanks of the house of delegates be tendered to
Hugh W. ShefFey, Esq., for the dignity, ability and impartiality with
which he has presided over its deliberations during the present ses¬
sion.
Resolved, that the approval of this house be tendered to William
F. Gordon, jr., clerk, R. W. Burke, sergeant at arms, and W. H.
Freeman and George W. Wilson, jr., and the pages of the house,
for the prompt and efficient manner in which they have discharged
the duties of their respective offices.
On motion of Mr. Burwell,
Resolved, that the thanks of the house of delegates be tendered to
the reverend clergy of the city, for their ministrations during the pre¬
sent session.
The Speaker proceeded to sign the following enrolled bills:
An act to amend the act passed February 13, 1863, entitled an
act amending and re-enacting the 1st and 2d sections of an act enti¬
tled an act to repeal the fence law of Virginia as to certain counties,
and to authorize the county courts to dispense with enclosures in
other counties, passed October 3d, 1862, and to legalize the action of
county courts held under said law.
204
JOURNAL OP THE
Ail act to amend and re-enact the 1st and 3d sections of an act
passed March 13, 1863, entitled an act to amend and re-enact an act
further to provide for the public defence, passed October 3d, 1862.
An act amending and re-enacting the 6th and 11th sections of an
act passed March 30,1863, entitled an act to provide for the produc¬
tion and distribution of salt.
An act to incorporate the Confederate savings and insurance com¬
pany of Petersburg.
An act to amend and re-enact an act entitled an act to incorporate
the Old Dominion trading company, passed March 25, 1S63.
An act to repeal so much of the act passed February 15, 1853, as
exempts the white male citizens of the county of King George, of
forty-five years and upwards, from working on the public roads ill
that county.
An act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th
sections of chapter 14; the 14th section of chapter 21; the 27th
section of chapter 23, and the 10th- section of chapter 66 of the
Code of Virginia (edition of 1860), so as to increase the salaries of
certain officers of the government.
An ac£ incorporating the Virginia volunteer navy company.
An act to suppress gaming.
An act to enlarge the powers of the common council of the city
of Petersburg.
An act to increase jailors' fees for keeping and supporting prisoners.
An act authorizing special terms of,the circuit courts to be held to
carry into effect the provisions of the law to prevent the unlawful
distillation of whiskey, or other spirituous or malt liquors.
An act making an appropriation to pay certain expenses of go¬
vernment.
An act to amend the act passed February 13th, 1S62, entitled an
act to amend section 14 of chapter 163 of the Code, in relation to
the removal of the records and papers of courts.
An act for the relief of William E. Gaskins and James H. Gaskins.
An act declaring what Contracts shall be payable in currency.
An act to amend and re-enact the 17th section of the 61st chapter
of the Code of Virginia, giving priority of transportation for food to
consumers.
An act requiring certain rail road companies to provide for the
transportation of fuel in certain cases.
An act to amend and re-enact the act passed March 11th, 1863,
in relation to the unnecessary consumption of grain by distillers and
other manufacturers of spirituous and malt liquors.
An act to authorize the governor to hire free negro and other con¬
victs to work in coal pits.
An act for the relief of William F. Ritchie, public printer.
An act allowing the Petersburg iron manufacturing company to
hold not more than twenty thousand acres of land at any one time.
An act to reorganize the board of trustees for Bethany college.
An act to authorize the arrest of deserters by the civil authorities.
And act to provide fuel and lights for the governor's house.
An act to authorize the transfer of causes from the circuit court
HOUSE OP DELEGATES.
205
for the city of Williamsburg and county of James City to other cir¬
cuit courts.
An act to amend and re-enact section 11 of chapter 208 of the
Code of Virginia.
An act to authorize the auditor to pay the funeral expenses of
Israel Robinson, late delegate from Berkeley county.
An act to authorize the sale and transportation of salt belonging
to John N. Clarkson.
An act refunding to John Nunan part of a license tax paid by him.
An act to amend and re-enact an act passed March the 11th, 1863,
entitled an act to amend the 39th section of chapter 184 of the Code
of Virginia (edition of 1860), so as to increase the compensation of
clerks and sheriffs for public services.
An act authorizing the county court of Washington to dispense
with the law of enclosures in said county.
An act amending the road law of the commonwealth.
An act to amend and re-enact the 11th section of the act for the
production and distribution of salt, passed March 30th, 1863, as
amended by the act passed September 18, 1863.
An act to provide for the appointment of general agents and store¬
keepers for counties and corporations.
An act to amend the charter of the Merchants insurance company
of the city of Richmond.
An act making an appropriation for the purchase of salt.
An act to provide for the trial of friendly suits in chancery for par¬
tition, &c. arising in counties in the possession of the enemy, or
threatened with invasion.
An act authorizing the board of public works, acting as a board of
supervisors for the production and distribution of salt, to modify the
contract of lease between Stuart, Buchanan & Co. and Thomas R.
Friend.
An act to suppress the further issuing of small notes as a currency
by the counties, cities and towns of this commonwealth.
An act amending and re-enacting the 109th section of an act en¬
titled an act imposing taxes for the support of government, passed
March 28th, 1863.
An act to amend and re-enact the 3d section of an act to incorpo¬
rate tfie James river canal packet company, passed March 16th, 1860.
An act to authorize the governor to call out forces for the public
defence.
An act amending and re-enacting section 9, chapter 160 of the
Code of Virginia (edition of 1860).
'An act to repeal the act passed March 5th, 1862, entitled an act to
authorize the issue of registered certificates of state stock to Dr.
Peter F. Brown, in lieu of two lost bonds.
An act to supply deficiencies in the appropriation for the support
of the Central lunatic asylum.
An act to amend and re-enact section four of an act entitled an act
to provide for trial of persons charged with offences committed in
counties in possession of the enemy, or threatened with immediate
invasion* passed March 27th, 1862.
206
JOURNAL OF THE HOUSE OF DELEGATES.
An act to amend and re-enact the 4th, 5th and 56th sections of
the 87th chapter of the Code of Virginia.
An act incorporating the Southern insurance and savings society of
Petersburg.
An act incorporating the Home insurance company of the city of
Petersburg.
An act amending and re-enacting the first and third sections of
chapter ten of the Code of Virginia (edition of I860), so as to extend
the time within which a person intending to contest the election -of
another as senator or delegate, may give notice.
An act for the relief of the indigent soldiers and sailors of tho
state of Virginia who have been or may be disabled in the military
service, and the widows and minor children of soldiers and sailor$
who have died or may hereafter die in said service, and of the indi¬
gent families of those now in service.
An act to repeal so much of the ordinance of the convention of
April 24th, 1861, as provides for a pay department of Virginia forces.
An act authorizing the payment of fees of commissioners of the
revenue.
An act to amend the charter of the Bank of Rockbridge.
An act to amend and re-enact the 9th section of the 57th chapter
of the Code of Virginia (edition of I860).
An act to amend and re-enact the 14th section of chapter 14 of
the Code of Virginia, as amended and re-enacted by an act entitled
an act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th sec¬
tions of chapter 14; the 14th section of chapter 21; the 27th sec¬
tion of chapter 23, and the 10th section of chapter 66 of the Code
of Virginia (edition of 1860), so as to increase the salaries of certain
officers of the government, passed October 13th, 1863.
An act to provide for the payment of certain claims against the
Eastern lunatic asylum.
An act for the relief of Washington Gr. Singleton, clerk of the dis¬
trict court of the sixth judicial district.
An act to authorize the sale of Capon springs.
An act to incorporate the Virginia female institute of .the city of
Richmond.
On motion of Mr. Jones,
Resolved, that the senate be informed that the house of delegates
is now ready to adjourn sine die.
Ordered, that Mr. Jones inform the senate thereof.
A message was received from the senate by Mr. Christian, who
informed the house of delegates that the senate was ready to adjourn
until the 7th day of December 1863.
On motion of Mr, Richardson, the house adjourned sine die.
ERRATUM.
On page 5, insert, after vote for Speaker, " Mr. Robertson and Mr. Crockett were ap¬
pointed a committee to inform him of his election, and conduct him to his seat; and there¬
upon the Speaker returned his acknowledgments for the honor conferred upon.him."
MEMBERS OF THE HOUSE OF DELEGATES, 1863-4.
Accomack,
Albemarle,
Alexandria,
Alleghany and Bath,
Amelia and Nottoway,
Amherst,
Appomattox,
Augusta,
Barbour,
Bedford,
Berkeley,
Boone, Logan and
Wyoming,
Botetourt and Craig,
Braxton, Nicholas, ?
Clay and Webster, j
Brooke and Hancock,
Brunswick,
Buckingham,
Cabell,
Campbell,
Caroline,
Carroll,
Charles City,
James City and
New Kent,
Charlotte,
Chesterfield,
Clarke,
Culpeper,
Cumberland and
Powhatan;
Dinwiddie,
Doddridge and Tyler,
Elizabeth City,
Warwick, York
& Williamsburg,
Essex and
King & Queen,
Fairfax,
Fauquier,
Fayette and Raleigh,
Floyd,
Fluvanna,
Franklin,
■J
Thos. C. Parramore.
B. H. Magruder.
William Branch.
Harold Snowden.
Cyrus P. Bryan.
Richard F. Taylor.
Paulus Powell.
Thomas H. Flood.
H. W. Sheffey.
J. Marshall McCue.
James Walker.
William Johnson.
Wm. M. Burwell.
Alex. Jordan.
Robert W. Hunter.
Israel Robinson.1
James A. Nighbert.
John T. Anderson.
Green James.
Luther D. Haymond.
N. W. White.
R. E. Meade.
P. W. McKinney.
P. C. Buffington.
Francis B. Deane, jr.
Daniel Marr.
John D. Butler.
James B. Johnson.
Ira L. Bowles.
Wood Bouldin.
William Ambers.
Wm. W. Randolph.
John H. Rixey.
F. D. Irving.
Henry C. Worsham.
Samuel J. McMillan.
James W. Custis.
Frederick,
George T. Wright.
O. W. Huntt.
B. H. Shackleford.
James Y. Brooke.
Benj. R. Linkous.
Isaac Goodykoontz.
Ro. E. Nelson.
Fleming Saunders.
James Patterson.
M. R. Kaufman.
George W. Ward.
Giles,
Gilmer, Wirt and
Calhoun,
Gloucester,
Goochland,
Grayson,
Greenbrier,
Greene and Orange,
Greenesville and ?
Sussex, $
Halifax,
Hampshire,
Hanover,
Hardy,
Harrison,
Henrico,
Henry,
Highland,
Isle of Wight,
Jackson and Roane,
Jefferson,
Kanawha,
King George and
Stafford,
King William,
Lancaster and J
Northumberland, )
Lee and Wise,
Lee, Scott and Wise,
Lewis,
Loudoun,
Louisa,
Lunenburg,
Madison,
Marion,
Marshall,
Mason,
Mathews and )
Middlesex, J
Mecklenburg,
Mercer,
Monongalia,
Monroe,
Montgomery,
Morgan,
Nanseraond,
Nelson,
Absalom Fry.
J. S. K. McCutchen.
Warner T. Jones.
John C. Rutherfoord.
Stephen M. Dickey.
Mason Mathews.
John L. Woolfolk.
William T. Lundy.
Elisha Barksdale, jr.
David Chalmers.2
Alexander Monroe.
J. S. Hiett.
Charles P. Goodall.
Charles Williams.
George W. Lurty.
L. W. Holden.
Joseph J. English.
Samuel J. Mullens.
William W. Fleming.
James L. Wilson.
George W. Duval.
Jacob S. Melvin.
W. Burnett.
Isaiah Welsh.
V. Hendrick.
F. C. S. Hunter.
Harrison B. Tomlin.
Edwin Betts.
J. M. McElroy.
David Miller.
William J. Bland.
B. P. Noland.
W. B. Lynch.
T. V. Winston.
Thomas W. Winn.
William O. Fry.
Thomas S. Haymond.
Stephen A. Morgan.
James M. Hoge.
James Hutcheson.
Ro. B. Fauntleroy.
Thomas F. Goode.
Robert A. Richardsoa.
Dudley Evans.
D. B. Stewart.
John M. Rowan.
Wilson Lively.
David G. Douthat
George W. Sherrard.
Nathaniel Riddick.
John M. Shelton.
1 Deceased.
3 Resigned.
20S
NAMES OF
MEMBERS.
Norfolk City, Richard H. Baker, jr.
Norfolk County, C. W. Murdaugh.
Samuel M. Wilson.
Northampton, Thomas M. Scott.
Ohio, Joseph H. Pendleton.
Thomas A. Edwards.
Alfred Hughes.
Page, George W. Rust.
Patrick, John Staples.
Pendleton, E. T. Saunders.
Petersburg, A. M. Keiley.
Pittsylvania, A. S. Bnford.
John Gilmer.
Pleasants and Ritchie, Eugenius Tibbs.
Pocahontas, William L. McNeil.
PiSuSyGe°rge an<1 ] Travis W' Taylor'
Preston, Ro. E. Cowan,
C. J. P. Cresap.
Prince Edward, T. T. Tredway.
Prince William, C. A. Nelson,
Princess Anne, Alexander Coke.
Pulaski, John S. Draper.
Putnam, William E. Herncjon.
Randolph and Tucker, B. W. Crawford.
Rappahannock, John T. Fletcher.
Richmond City, Wyndham Robertson.
David I. Burr.
David J. Saunders.
Richmond and
Westmoreland,
Roanoke,
Rockbridge,
Rockingham,
Russell, Wise and
Buchanan,
Scott and Wise,
Shenandoah,
Smyth,
Southampton,
Spotsylvania,
Taylor,
Tazewell,
McDowell and
Buchanan,
Upshur,
Warren,
Washington,
Wayne,
Wetzel,
Wood,
Wythe,
F. W. Cox.
Andrew J. Deyerle.
S. McD. Reid.
Robert J. White.
John T. Harris.
John C. Walker.
James Kenney.
William J. Kindrick,
Thomas J. Smith.
James H. Horton.
Moses Walton.
Philip Pitman.
John H. Thompson
William H. Pretlow.
John L. Marye, jr.
John A. Robinson.
Rees T. Bowen.
Willis H. Woodley.
S. W. Thomas.
A. C. Cummings.
George Graham.
J. M. Ferguson.
L. S. Hall.
E. D. Maguire.
Robert Crockett.
INDEX.
ACTS OF ASSEMBLY.
Resolution as to publication and distribu¬
tion of, . 49
Resolution for publication of, 96
Resolution for printing, 198
ACT IMPOSING TAXES FOR SUP¬
PORT OF GOVERNMENT.
No. 1, bill to amend, 20
S. B. 1, to amend, 29
Passed; vote thereon, 81
Resolution for publication of, . 40
Resolution to amend act further, .52
ADDRESS TO PEOPLE OF STATE.
Resolution for, 17
Adverse report from committee, 154
ADJOURNMENT.
Motion for ; vote thereon,
83-4, 104-5, 133-4, 187-8
Resolution for adjournment sine die, 206
Message from senate, 206
Adjournment, 206
ADJOURNMENT OF GENERAL AS¬
SEMBLY.
Resolution for,
Taken up and agreed to,
Vote thereon,
Agreed to by senate,
Resolution rescinded,
Agreed t) by senate,
Resolution for,
Amended and agreed to,
Agreed to by senate,
70
73
73
■ 88
111, 14
114
139
147
178
ADVERSE REPORTS.
From committee on finance,
AGENTS (COUNTY).
Resolution concerning,
ARMING AND EQUIPPING MILITIA.
S. B. 38, for, 123
Amended and passed, 131
Vote thereon, 131
ARMS AND TROOPS.
See Troops and arms.
ARNOLD, GEORGE J.
Resolution for relief of,
15
136
19
AGRICULTURAL PRODUCTIONS.
Resolution as to purchase and sale of, 45
ALIENS.
Resolution as to escheat of lands of, 14
Resolution as to holding lands by, 33
Resolution as to capacity to hold lands, 77
APPORTIONMENT OF REQUISITION
FOR SLAVES.
Resolution as to, 57
APPROPRIATIONS.
See Expenses of government.
27
ARREARS OF TAXATION.
Resolution for releasing to certain coun- .
ties, 49
ASHLAND.
Resolution to amend charter of, 51
No-. 32, bill therefor, " 64
ATTORNEYS FOR COMMONWEALTH.
Resolution to increase compensation of, 48
ATTORNEY FOR LYNCHBURG.
Resolution to increase compensation of, 48
AUCTIONEERS.
Resolution as to,
No. 36, bill concerning,
AUCTION SALES.
Resolution as to,
No. 10, bill to prohibit,
Recommitted,
Reported, bill No. 36,
41
67
18
40
67
69
AUDITING BOARD.
Resolution as to payment of claims au¬
dited, 12
Resolution as to claims allowed by, 19
S. B. 24, to abolish, 88
Indefinitely postponed, 127
BAGGAGE.
Resolution as to receipts for, by rail road
companies, E2
BANKS.
Resolution as to receipts by, on deposit, 33-4
Adverse report, *51
Resuluiion as to issues of, 32
Resolution as to redemption of issues in
Confederates States notes, 64
Adverse report, 86
*BANK OF ROCKBRIDGE.
Resolution to amend charter of, 118
No. 77, bill therefor, 131
210
INDEX.
Passed, 190
Passed senate, 201
BETHANY COLLEGE.
Resolution to amend charter of, 146
No. 86, bill therefor, 149
Passed, 155
BERKELEY COUNTY.
Writ of election for, 174
BETTS, THOMAS E.
Eligibility of, 171
BIENNIAL SESSION.
Resolution as to time of, 147
Amended and postponed, 147
BILLS WITHDRAWN & REFERRED.
No. 232, 1859-60, 25
S. B. 77, 1863, 27
No. 97, last session, 32
S. B. 61, last session, 43
BOARD OF PUBLIC WORKS.
Report of, as supervisors of salt, 31
BOISSEAU, JOSEPH.
Petition of, .119
Adverse report, 136
Petition withdrawn, 203
BOUNTIES FOR MANUFACTURES.
Resolution as to giving, # 22
BRAXTON,- WILLIAM A.
Resolution'for relief of, 111
S. B. 42, for relief of, 173
BROKERS.
Resolution as to tax on,
BROWN, DR. P. F.
S. B. 41, concerning,
Passed,
146
130
142
BUILDING FOR STATE OFFICES.
Preamble and resolution as to, 44
Committee appointed, 51
BURKE, R. W.
Elected sergeant at arms, 5
CALL OF HOUSE.
Motions for, 105,147,162
CAPON SPRINGS.
No. 43, bill for sale of, 86
Passed, 128
Passed senate, 157
b CARROLL, N.
Memorial of, * 101
Adverse report, 121
CENTRAL LUNATIC ASYLUM.
Resolution for appropriation, m 118
Letter of president, 119
No. 68, bill making appropriation, 124
S. B. 43, making appropriation, 134
Passed; vote thereon, 142
No. 82, bill to authorize impressments by, 141
Passed, 16'2
CITIZENSHIP.
Resolution concerning,
No. 45, bill defining,
18
CLARKSON, JOHN N.
No. 94, bill to allow sale and transpor¬
tation of salt, J74
S. B. 64, for relief of, 183
Motion to amend; vote thereon, 185
Amended and passed, 186
Amendments agreed to, 191
CLERKS OF COURT OF APPEALS.
Resolution to increase compensation of, 55
Report of committee, 59
CLERKS OF COURTS, ETC.
Resolution for increase ojF compensation, 28
Resolution.for increase of fees in certain
cases, 51
Report of committee, 55
Adverse report, 136
CLERKS AND SHERIFFS.
No. 41, bill to increase compensation of, 76
Passed, 183
Passed senate, 191
See Convicts.
COAL PITS.
' CODE OF VIRGINIA.
No. 12, bill amending 45th and 56th sec¬
tions of chapter 87, 40
Passed, 67
Passed senate with amendments, 111
Amendments agreed to, t 113
S. B. amending 9th section of chapter
160, 151
Passed, 151
No. 22, to amend 28th section of chapter
52, 53
Passed, ■ 67
Passed senate with amendments, 88
Amendments agreed to, 89
No. 50, bill to increase salaries of
judges, amended and tabled, 133-4
Rejected; vote thereon, < 137
Reconsidered and tabled, 137
Passed; vote thereon, 156
S. B. 39, to amend 22d section of chap¬
ter 34, 166
S. B. 56, to amend 9th section of chap¬
ter 57, 173
Passed, 179
No. 57, bill to amend 7th section of chap¬
ter 165, 106
No. 75, bill to amend 10th section of
chapter 170, 131
No. 80, bill to amend 5th section pf chap¬
ter 184, 138
No. 21, bill to amend 11th section of
chapter 208, 53
Passed; vote thereon, 190
Passed senate, 191
Resolutions to amend 18, 64,73
INDEX.
211
COMMISSIONERS OF THE REVENUE.
Joint resolution from senate concerning, 149
Agreed to, 158
Resolution for increase of fees of, 28
Resolution as to fees of, - 300
No. 66, bill concerning fees of, 118
Passed; vote thereon, 189
Passed senate, 301
COMMISSIONERS IN CHANCERY.
Resolution as to fees of, 34
-I
COMMITTEE TO WAIT ON GO¬
VERNOR.
Resolution for, 5
COMMITTEES (STANDING).
Appointed,. 16-17
COMMITTEE ON CONFEDERATE RE¬
LATIONS.
Enlarged, 138
4
COMMON CARRIERS.
No. 65, declaring rail roads, 118
Passed, 162
COMMON COUNCIL OF PETERSBURG.
S. B. 45, to enlarge powers of, 134
Passed, 135
COMMUTATION OF CLOTHING.
Resolution as to, 106
Report of auditing board, • 114
Passed; vote thereon, 180
Passed senate, " 191
Resolution directing paymaster-to sus-
' pend, 106
Passed senate, 107
COMMUTATION OF PAY OF MEM¬
BERS.
See Mileage.
COMMUTATION OF RATIONS.
Resolution as to, 133
COMPENSATION OF PAGES AND
PORTERS.
S. B. 57, providing, 386
Rejected; vote thereon, 201
COMPENSATION OF MEMBERS.
Resolution as to,- 34
COMPENSATION FOR SLAVES TN SER¬
VICE OF CONFEDERATE GOVERN¬
MENT.
Resolution as to, 23
Resolution of instruction as to, > 35-6
Amended; referred to select committee, 38-9
Committee appointed, 40
CONFEDERATE 'DEBT.
Sec Net profits. *
CONFEDERATE GOVERNMENT.
Resolution as to, 23
CONFEDERATE ISSUES OR NOTES.
Resolution as to, 12
Resolution to amend tax law as to, 14
No. 6, bill to prevent speculation in, 27
CONFEDERATE CONVICTS.
Communication from governor as to, 13-14
Report of committed, 36
CONTESTED ELECTION FROM
HALIFAX.
Petition of George PL West, 39
Resolution as to papers, 26
Committee to send for persons and papers, 31
Report of cortmiittee, 149
Minority report, ' 149
Report considered, 360
Resolution declaring seat vacant, 161
Report taken up, 163
Motion declaring contestant entitled, ' 363
Motion to amend rejected, 163 t
Vote on motion to admit contestant, 163
Resolution declaring seat vacant, 164
Motion declaring sitting member entitled, 164
Resolution agreed to declaring seat
vacant, 164
Writ of election ordered, 167
•
CONTESTED ELECTION (NOTICE IN).
Resolution concerning, 34
No. 38, bill therefor, 69
Passed, . 162
Passed senate with amendments, 178
Amendments agreed to, 179
Reconsidered, and disagreed to, 183
Senate recede, 190
Resolution as to, 166
CONTRACTS PAYABLE IN CUR¬
RENCY.
No. 20, bill declaring what, 53
S. B. 15, declaring what, 88
Passed, 129
CONTRACTS WITH STUART,
. BUCHANAN & CO.
Select committee as to, 22
CONVICTS.
Message from governor as to confede¬
rate convicts, 13-14
Resolution as to employment of, by
confederate government, 33
Report thereon, 76
Resolution as to hiring of, on rail roads, 33
Committee appointed, 33
Resolution as to hiring to colliers, 90
No. 62, bill therefor, 111
Passed; vote thereon, 142
Passed senate with amendment, 157
Amendment agreed to, 202
No. 48, bill for sale of, 89
COTTON AND COTTON CARDS.
Resolution as to, 42
COVINGTON AtfD OHIO RAIL ROAD.
Resolution for completion of, 41
No. 64, bill therefor, 118
No. 67, bill for equipping, 126
212
INDEX.
28
136
159
26
52
COUNTIES OCCUPIED BY ENEMY.
Resolution to exempt from taxation, 24
Adverse report, 136
COUNTY OFFICERS.
Resolution for increase of fees of,
Adverse report,
Resolution for increase of pay of,
COUNTY STORE KEEPERS.
Resolution for appointment of,
COWPASTURE RIVER.
Resolution for bridge across,
CURRENCY.
See Contracts payable in currency.
Resolution as to issue of state bonds as,
Agreed to,.
Resolution as to buying and selling,
Resolution as to redundancy of,
Report of committee on banks, Doc. 14,
Considered, and order of day,
Order of the day,
Motion to amend,
Substitute submitted,
Postponed to 7th December,
Vote,
Report to be printed,
Committee of correspondence,
Speaker added,
Committee announced,
14
23
25
62
132
151
156
175
175-7
177
177
188
188
188
202
DABNEY, C. H., & AL.
Petition of,
Adverse report,
DANVILLE.
Resolution for poor house.at,
62
DEAF, DUMB AND THE BLIND.
Letter from president of institution for, 174
DECEASED SOLDIERS.
Resolution as to,
■ 57
DEBTS DUE TO STATE BY COR¬
PORATIONS.
Resolution for payment of, 57
No. 33, bill to authorize payment of, 64
DEFICIENCIES. \
Resolution for appropriation for, ^ 13
See Expenses of government.
DE JARNETTE, R. H., AND OTHERS.
Petition, 32
Qualified,
delegates.
. 12, 13, 15, 43, 53, 95
DEPOSITS.
Resolution as to, in banks,
93, 119
DEPRECIATION OF TREASURY
NOTES.
See Treasury notes. *
DESERTION.
Resolution as to suppression of, * 15
Motion to lay on table,
Rejected, and disagreed to, *5
DESERTERS.
Resolution concerning, 49
Adverse report, 72
Resolution as to, 52
S. B. 2, to punish for harboring, 41-2
Reported with amendments, 42
S. B. 35, for arrest of, 123
Amended and passed, 131
Amendments agreed to, 172
DESTITUTE REFUGEES
Resolution for relief of, 151
DETAILS TO MANUFACTURERS.
Resolution concerning, 25
DETAILS BY CONFEDERATE
GOVERNMENT.
Resolution concerning,
25
Report as to,
110
Report considered,
144-5
Agreed to,
145
Letter from secretary of w ar,
170-71
Refer, ed,
171
Report of committee,
193-97
DIMMOCK, BRIG. GENL. CHARLES.
Death of, announced, 174-5
DISABLED SOLDIERS.
Resolution as to, • 41
DISTILLATION.
Resolution to prohibit, 23
Resolution for search of premises, 26
Resolution as to, of sorghum, 37
Preamble and resolutions as to, 37-8
Amended and agreed to, 38
Preamble rejected, 38
Select committee, ' 40
No. 63, bill to amend act as to, 114
Passed; title amended, . 198
Passed senate with amendments, 201
Amendments agreed to, • 202
Resolution as to, 173
DISTILLATION OF FRUIT.
Resolution to prohibit, 25
DISTRIBUTION OF SALT.
Resolution as to, by state agent, 17
DIVULGERS OF FALSE NEWS.
Resolution concerning, 56
Adverse report, 64
Petition of,
DUVAL, P. P.
142
dunn, l. a.
s. B. 55, for relief of, 188
eastern Lunatic asylum.
s. B. 22, concerning, - 85
Amended and passed; vote thereon, 111
Amendments disagreed'to by seuate, 123
Referred to committee, 133
INDEX.
213
Resolution to abolish board of diiectois, 119
No. 69, bill therefor, J 24
S. 13. 47, concerning:, 140
Amended and passed, 155
Amendments agreed to by senate, 101
ELAM, GRAY, AND OTHERS. ,
Petition of, 56
Adverse report, 92
ELECTION OF GOVERNOR, ETC.
Letter from secretary of commonwealth
as to, , 6
Resolution to count votes, 25
Agreed to by senate with amendments, 27
Amendments agreed to, ^27
Commiitee to count votes, 27
Proceedings on counting votes, 29-30
ENGLEMAN, PETER.
Resolution for relief of,
' ENEMY'S COUNTRY.
Resolution to prohibit passing into,
Adverse report,
ENROLLED BILLS.
Report of committee,
Signed by speaker,
ENROLLMENT.
Resolution as to,
EVENING SESSION.
Resolution for,
EXECUTION.
Resolution as to levy of, '
146
49
154
158,198
203-6
262
7.7
24
EXEMPTIONS
Resolutions as to, ■ 13, 52
No. 52, bill declaring, 95
Exemption of ministers; vote, i 184
EXEMPTION UPON RELIGIOUS OPI¬
NIONS.
Resolution concerning, 40
No. 28, bill to repeal act, 55
EXPENSES OF GOVERNMENT.
No. 5, bill making appropriations for, 27
Passed; \ote thereon, 53
Passed renate with amendments, 66
Amendments agreed to, 66
EXPRESS COMPANIES. *
Resolution concerning, 43-4, 67
Adverse report, 123
EtTORTION.
Menunial of mechanics of Richmond, 61
Special committee, 65
Autli .ized to send for persons and pa- ^
peis, 65
Mr. Marj 4'excused, . 67
Mr. Hayimmd appointed, 67
No. 44, bill to legulnte pi ices, 86
Substitute time for, 18o
Considered and tabled, 143-4
EXTRA SESSION OF CONGRESS.
Resolution as to, 34
Adverse report, 118
EWELL (LT.. GENERAL).
Letter from, presented, 42
FAMILIES OF SOLDIERS.
Resolution for relief of, 19, 41
FEES.
Resolution for increase of co,unty officers, 41-
Report referred, 55
Adverse rfport, 136
FEMALE SCHOOLS.
Resolution to exempt principals of, 73
Adverse report, 120
FENCE LAW.
Resolution as to change in, 14, 18
No. 4, bill to amend, as to King William, 27
No. 11, hill to amend, as to Henrico, 40
S. B. 7, to amend, 43
Passed with amendments, 83-90
Amendments agreed to with amend¬
ments, ICO
Disagreed to by house of delegates, 100
Insisted ttpon and .receded from, J10
FIDUCIARIES.
Resolution concerning, 145-8
No. 97, bill concerning, . 193
FINANCIAL CONDITION OF COM¬
MONWEALTH.
Resolution for synopsis of, 35
Report of auditor, 21
FIRE AND HOSE INSURANCE COM¬
PANY OF PETERSBURG
No. 16, hill to incorporate, 47
Passed, 38
Passed senate with amendments, 91
Amendments agreed to, 160
FOREIGNERS.
Resolution concerning.
Report,
FORFEITURE.
Resolution concerning, '
28
54
48.
FORESTALLING, ETC.
Resolutions as to, 12^33
No. 59, bill defining, 72
Engrossment reconsidered, 129
Recommitted, 131
Reported with amendments, 16S
FREEMAN. W. IT.
Elected first doorkeeper, 5.
FREE NEGROES.
Resolution for impressment of, 32
Resolution as to disloyal, 127
Resolution for conscripting, 143
No. 89; hill to enroll, 152
8. B. 26, for employing in confederate
sen ice, I OA
INDEX.
8. B. 55, for enrollment of, 200
FRIEND, THOMAS R.
Petition of, 56
No. 31, bill for relief of, 61
Passed; vote thereon, 133
Passed senate, 137
FRIENDLY SUITS IN CHANCERY.
Resolution as to, 24
S. B. 46, concerning, ' 140
Passed, 179
FRIENDS. "*
Memorial of Society of, 104
Adverse report, 106
Recommitted, 121
Adverse report, 131
FUEL.
Resolution as to impressment of, by
Richmond, 59
No. 55, bill therefor, 106
Resolution concerning, for the destitute, 67
See Virginia Central rail road.
GAMING.
Resolution to suppress, 67
S. B. 34, to suppress, , 115
Amended atid passed, 129-30
Vote thereon,, 130
Amendments agreed to with amendments, 132
Agreed to; vote thereon, 135
GARRETT, THOMAS W.
Resolution for relief of, 55
Adverse report, "118
GAS KINS, WILLIAM E. & AL.
Petition of, 19
No. 14, bill for relief of, 42
Passed, 53
Passed senate, 84
.GENERAL AGENT OF PENITENTIARY.
Resolution as to sales by, 28
Amended and agreed to, 28
Resolution to limit compensation of, 29
Communication from, 40
GENERAL AGENTS AND STORE¬
KEEPERS FOR COUNTIES.
No. 15, bill to provide for, 46
Passed, 133
Passed senate, 172
GORDON, WILLIAM F. JR.
Elected clerk, 4
Vote of approval to, 203
GOVERNOR.
Message of, 5-6
GOVERNOR'S HOUSE.
S. B. 53, providing fuel and lights for, 166
Rejected; vote thereon, V58
Reconsidered and passed, * 168
GRAtTAN'S REPORTS.
Resolution to suspend reprint of, 140
GRAY, WILLIAM, & ALS.
Petition of, * 12
HARRISON, MRS. H. C.
Petition of, withdrawn, 12
HENRICO.
Petition of justices, 32
Adverse report, lpg
Referred, and adverse report, 132
Petition withdrawn, t 263
Memorial of citizens of, for mounted
guard, 125
HOARDING.
Resolution as to, 159
HOLDEN, L. W.
Leave of absence to, 174
HOME INSURANCE COMPANY OF
PETERSBURG.
Resolution to incorporate, 45
No. 37, bill therefor, 69
S. B. 48, incorporating, 149
Passed, 154
HOME FOR SOLDIERS.
Resolution to establish, 56
Adverse report, ' 64
HORSE STEALING.
Resolution for suppression of, 18
Report, 85
HOUR OF MEETING.
Resolution as to, 32, 58, 128, 139, 145
HUSTINGS COURT OF RICHMOND,
Message from governor as to action of, 31
HUSTINGS COURT OF PETERSBURG.
Petition of, • 32
ISLE OF WIGHT.
Resolution for relief of sheriff of, 134
IMPRESSMENT.
Resolution as to, for soldiers' families, 13
Resolution as to, 18
Resolution as to, by county courts, 37
Resolution concerning, 77
Of necessaries, 93
IMPRESSMENT BY COUNTIES.
No. 68, withdrawn and referred, 24
. IMPRESSMENT LAW-
Resolution as to rights under, 93
Indefinitely postponed, 179
Resolution of request to secretary of
war as to, 200
IMPRESSMENTS OF NECESSARIES.
Resolution concerning, 150
Amended and agreed to, 150
Agreed to by senate with amendments, 163
Amendments disagreed to, 167
INDEX.
IMPRESSMENT OF SLAVES.
No. 18, bill for, by certain; rail road
' companies, 51
Considered and amended, 148
Considered, * 151-3
Engrossed; vote thereon, 154
Engrossment reconsidered, 156
Tabled, 156
Motion to amend, 159
Rejected, 159
Substitute agreed to, 169
Bill engrossed, 170
IMPRISONMENT.
Resolution as to, of persons charged with
crime, > 19
INDIGENT REFUGEES.
Resolution for support of,
INDIGENT
38
SOLDIERS AND THEIR
FAMILIES.
Resolution for relief of, 13
No. 40, bill therefor, 72
Order of the day, 90
Motion to amend ; vote thereon, 94
Section amended, 94
Motion to strike out power of impress¬
ment, 97
Rejected; vote thereon, 97
Motion as to impressments, 97-8
Justices to be summoned, 98
Motion to tax profits; rejected, 98-9
roviso'as to counties in enemy's lines,
Passed; vote thereon,
Passed senate with amendments,
Amendments disagreed to,
Senate insist,
House insist on disagreement,
Committee of conference,
Agreed to by senate,
Committee,
Report of committee,
Agreed to by senate,
Agreed to by house; vote thereon,
Joint resolution for publishing act,
Agreed to,
99
99
112
149
180
182
183
183
187
187
198
199
199
200
203
Passed,
Passed senate,
58
81
INSPECTORS OF TOBACCO.
Resolution as to fees of, 47
s
INSURANCE OIJ TOBACCO.
Resolution as to, by state, ' 47
No. 81, bill repealing, 141
INSTITUTIONS OF LEARNING.
Resolution for enrolling students, &c. of, 37
JAILORS' FEES.
Resolution concerning, 14
No. 3, bill to increase, 27
Passed; vote thereon, ' 52
Passed senate with amendments, 85
Amendments agreed to, 85
JAMES RIVER CANAL PACKET CO.
Petition of, 24
Resolution to amend charter of, $4
No. 8, bill therefor, 36
JAMES RIVER AND KANAWHA CO.
Petition of; 77
Resolution to authorize, to regulate
freights, &c. 70
No. 53, bill therefor, 100
JOINT ACTION OF COMMITTEE^.
Resolution for, 13
JOURNAL OF HOUSE.
Resolution as to, 158
Canceled, 203
JURISDICTION AND SOVEREIGNTY
OF VIRGINIA.
Preamble and resolutions asserting, 95-6
Agreed to; vote thereon, 102
Passed senate, , 110
JURORS.
Resolution concerning board of, 50
Bill No. 21, as to, passed, 190
Passed senate, 191
KEMPER, BRIG. GEN. JAMES L.
Resolution of invitation to, 50L
KING GEORGE.
S. B. 8, as to roads in, ■ 81
Passed, 126
L'ABOR Otf RAIL ROADS. '
Governor's message as to, 29
Report as .to, 59
LIBRARY.
Resolution concerning librarian,
Resolution as to,
Report of joint committee,
LICENSE LAWS.
Resolution concerning,
LIMITATION OF DEBATE.
Resolution as to,
LOAN BY BANKS.
Resolution as to, "•
73
77
89
4t?
77
n
LOSSES OF PROPERTY.
Preamble and resolutions, 45-6
Referred, 46
MANUFACTORIES.
No. 88, bill to organize,
MAYO'S BRIDGE.
Resolution as to tolls on,
No. 73, bill concerning,
158
62
130
MEMBERS WHO BELONG TO ARMY.
Resolution as to attendance of, 19
Report of committee, 29
Correspondence, with secretary of war, 21
MERCHANTS INSURANCE COMPANY.
Resolution to amend charter of» 86
216
INDEX.
No. 47, bill therefor, 87
Passed, 162
Passed senate, 178
" MILEAGE.
Resolution concerning, 14
No. 51, bill giving additional, to members, 95
Substitute, 104
Rejected; vote thereon, 136
Reconsidered and tabled, 137
Rejected; vote thereon, 139.
Motion to reconsider, 139
Reconsidered and tabled, 142
Passed; vote thereon, 156
Tjtle amended, 156
MILITARY ARRESTS.
Resolution as to, 26
MILITARY DEFENCES.
Governor's message as to, 15
MILITARY DISTRICTS.
Resolution for creation of, 93
.Adverse report, 106
MILITARY ORGANIZATION.
"Preamble and resolution as to, 47-i8
MILITARY SERVICE BY MEMBERS
OF GENERAL ASSEMBLY.
'Resolution ar, to, . 34
MILITIA.
Resolution as to term of service of, 22
No. 23, bill to reorganize, 54
Order of day, 58
Bill considered, 60-61
Motion to strike out " sixty," 62
Vote thereon, <53
Motion to insert " fifty-five," 63
Motion to amend; latter vote thereon, 63
Bill further considered, 63
Resolution to recommit, 65-6
Rejected, 68
Motion to strike out in tho militia,"
and insert, 66
Motion to amend 1st section, 68
Rejected, 68
Strike out " domiciled" and insert, ' 68
Amended and agreed td, 68
Amendment agreed to,. 68
Vote thereon, 68
Amended as to foreigners, 71
Motion to include substitutes, 71
Tote thereon, 7!
"S. B. 19, to reorganize,, 72
"Tabled and piiuted, 72
Order of day, 74
Motion to strike out "sixteen" and in¬
sert " i ightcen" 74-5
Vote thereon, 74-5
Motion to strike out 1st section, 75
Motion to amend, 75
Vote thereon, 75
Amendment agreed to, 75
Vote thereon, , 75
■" Fifty-five" inserted, 76
Motion to amend 1st section, 78
yote thereon, 78
Proviso, - 79
Section 2 amended,
Bill further considered, 79
Motion to include refugees, 79
Vote thereon, 79
Bill further considered, 79-80
Motion to strike out and insert, 80
Rejected, . 80
Motion to amend 2d, section, 81-2
Rejected, 82
Motion as to regiment in Richmond, 82
Motion to strike out clause allowing jus¬
tices to appoint officers, 83
Vote thereon, ' 83
Bill further amended, 83
Motions to amend rejected, 83-4
Motion to limit nominations, 84
Confirmation by senate, • 84
Motion to amend 5th section, 86
Confirmation by senate, 86
How commandants nominated, 87
Debate limited, * 87
Motion to strike out 10th section, 87
Vote thereon, » 87
Bill further considered, 88
Motion to amend as to imprisonment;
vote thereon, 90
Ii t -rruptions by bystanders, 90-91
Motion as to expenses, , 91
Amendments as to army regulations, 91
Motion to strike out 17th section, 102-3
Rejected, 103
Fifty and forty-five, 103
Vote thereon, • lj)3
Seventeenth section considered, 103-4
Motion to strike, out 17th section^ 119
Motion to amend; agreed to, 107-8
Amendment rejected, 108
Motion to strike out " invasion," 108
Vote thereon, 108
Motion to strike out 17th section, 108-9
Motion for indefinite postponement, 109
Withdrawn, 109
Bill further considered, 109-10
Pay of commandants, • 110
Bill further amended, 112-13
Motion to strike out 21st section, 114
Motion to amend, 115
Vote thereon, 115
Amendment rejected, 115
Section 37 amended, 115-16
Section 31 amended, 117
Rank, . 120
Inspector general, 120
Motion to amend, repealing section, 121
Motion to recommit 36th section, 121
Motion to strike out 36th section, 121-2
Motion to insert independent section, 122
Vote thereon, 123
Bill ordered to 3d reading, 123
Bill passed ; vote thereon, 125-6
Action of senate on bill, 157
Action of house, 160
Committee of conference, 160
Agreed to by senate, . 160
Leave to sit during session, t 161
, Report of committee, 164-5
Agieed to by senate, 166
Rejected by house of delegates, 172
Vote thercun, 172
INDEX.
New committee asked for, 172
Agreed to by senate, 173
Committee appoint^!, 174
Report of committee, 179
Agreed to; vote thereon, 181
Report, 181-2
Rejected by senate, 199
Resolution for return of message, • 200
* MODEL FARM.
Resolution to exempt from taxation, 70
MORRISS, C. Y.
Petition of, 127
NATIONAL LOAN.
No. 85, bill to authorize, 146
Substitute therefor, 150
NECESSARIES OF LIFE.
Resolution as to purchase of, 23
NET PROFITS.
Resolution as to tax on, 44
Adverse report, 47
NEWTON, CAPT. WILLIAM B.
Death of, announced, * 125
NORTHUMBERLAND COUNTY.
Communication from county court, 171
NOTARIES PUBLIC.
Resolution to exempt from taxation, 49
Adverse report, 136
NUNAN, JOHN.
Petition of, 32
No. 78, bill for relief of, • 135
Passe<j; vote thereon,* 143
Passed senate, 191
OATHS OF OFFICE.
Administered to officers, 11
OFFICERS OF GOVERNMENT.
Resolution as to increase of salaries of, 29
See Salaries.
OLD DOMINION TRADING COMPANY.
No. 9, bill to amend charter of, 39
Passed, 53
Passed senate, 99
OMITTED TAXES, ETC.
No. 67, bill concerning, 124
ORDER OF PUBLICATION.
Resolution as to, 125
OUTRAGES UPON CITIZENS.
Resolution as to, * 35
Adverse report, 55
PAGES.
Resolution for appointment of, 5
PAINE, W. Gf
Petition of, 22
28
PASSPORTS AND FURLOUGHS.
Resolution as to, 28
Adverse report, 77
• PATROLS.
Resolntion concerning, 56
PAY DEPARTMENT OF VIRGINIA
FORCES.
S. B. 28, repealing ordinance, 85
Amended and passed, . 127
Vote thereon, 127
Action of senate, 173
Action of house of delegates, 173
Amendments agreed to, 201
PAY OF MEMBERS. •
Adverse report as to increasing, '55
PAY OF SOLDIERS.-
Resolntion concerning, 25
Resolution for increase of, 41
Resolution for increase agreed to by
house, . 146
Agreed to by senate, 154
■PAYMASTER OF VIRGINIA FORCES.
! Resolntion to abolish office of, 55
f Report of committee on finance, . 59
Referred, 61
Report of committee on military affairs, 106
Printed, Doc. No. 12.
PENITENTIARY.
Resolution as to, 32
Resolution for lease, of, 41
No. 24, bill to reorganize, 54
S. B. 36, te reorganize, 160
PERSONS CONVICTED BY COURTS
MARTIAL.
Message of governor, 13
| Referred, * 22
: Report, 36
PERSONS CHARGED WITH
OFFENCES.
See Trial.
PETERSBURG FIRE AND HOSE
INSURANCE COMPANY.
Resolution to incorporate, 18.
No. 16, bill therefor, 47
Passed, 5$,
| PETERSBURG IRON MANUFACTUR¬
ING COMPANY.
• Resolution concerning, 101
J Not 60, bill concerning, 110
Passed, 139k
Passed senate, 157
PITMAN, PHILIP.
Added to committee on military affairs, 22
POOR HOUSE FARMS.
Resolution concerning, 151
POLLS IN CAMPS.
Resolution as to fowarding, 28
218
INDEX.
PRICE, SAMUEL. .
Declared elected lieutenant governor,
PRICES.
Resolutions concerning fixing,
See Extortion.
PRIVATE WARFARE.
Message from governor as to,
Letter of B. J. Sage,
PROBATE OF WILLS.
Resolution as to,
30
15, 44-5
25
PROCLAMATION OF GOVERNOR.
Convening general assembly, 3-4
PROTECTION OF PERSONS AND r
PROPERTY.
Resolution as to, 35
Amended, ^ 35
Motion to lay on table, 35
To indefinitely postpone, 35
Rejected; vote thereon, 35
• Resolution amended, 35
Substitute, 35
Report of committee, 55
See Outrages on citizens. ,
PUBLIC BONDS.
.Resolution as to canceling, held in
United States,
Adverse report,
PUBLIC DEFENCE.
.See Slaves to work on fortifications.
PUBLIC FACTORY. •
Resolution for establishment of,
See Manufactories.
PUBLIC STOCKS.
Resolution for sale of,
PURCHASE OF REAL ESTATE.
Resolution as to, by speculators,
Report,
RAIL ROAD IRON, ETC.
Resolution to prohibit sale of,
Adverse report,
RAIL ROAD TO NORTHWEST.
- Resolution for construction of,
13
Ul
138
44
142
RATES OF TOLL ON TURNPIKES.
Resolution as to,
RATIONS.
Resolution as to,
REAL ESTATE.
Resolution to confer power on con¬
federate government to hold,
.No. 87, bill therefor,
Motion to lay on table,
Engrossed,
Motion to postpone,
Pass ;d,
33
101
1&(
1(55
19S_>
RECORDS.
Resolutions for safe keeping of, in ,
Williamsburg and Warwick, 159
No. 74, bill therefor, 131
RECORDS OF COURT OF APPEALS.
Resolution as to printing, 23
REFUGEE POOR.
Resolution for relief; adverse report, 124
REFUGEES.
Resolution for enrollment of, 28
RELIGIOUS SECTS.
Resolution as to exemption of, 77
REMOVAL OF RECORDS. .
S. B. 18, as to, 7d
Passed, ' 81
No. 76, bill as to, 131
RETURNS OF ELECTION FOR '
GOVERNOR.
Counted and result declared, 3D
See Election of governor.
REVEREND CLERGY.
Resolution inviting, to open sessions
with prayer, 5
Thanks to, 203
RICHMOND AND DANVILLE RAIL
ROAD.
Resolution as to connection of, with
Soufh side rail road, 118
Adverse report, 127
RICHMOND AND YORK RIVER RAIL
ROAD.
Resolution as to tolls on, 141
RITCHIE, WILLIAM F.
Petition of, 26
No. 54, hill for relief of, 100
Passed; vote thereon, 148
1 Passed senate, 161
RIVER DEFENCES.
Message of governor as to, 11
ROAD LAW.
Resolution to amend Code as to, 37
ROBERTSON, WYNDHAM.
Resignation of, 138
Resolution asking him to withhold resig¬
nation, 139
Letter from, 141
ROBINSON, ISRAEL.
Death of, announced, 167
Committee to superintend funeral, 167
Report of committee, 169
No 95, bill for funeral expenses, 586
Passed, 186
Passed senate, 191
RULES.
I Of last house adopted, t 6
INDEX.
219
For rules, see
Notice of addition to,
Adopted,
Committee on printing,
SAGE, B. J.
See Private warfare.
SALARY OF GOVERNOR.
Resolution concerning,
SALARIES OF JUDGES.
See Code of Virgiuia—bill 51.
6-11
100
121
129
127
SALARIES OF OFFICERS OF
GOVERNMENT.
Resolution as to, 15
4S. B. 13, to increase, 78
Amended, 118
Motion to lay on table, 118
Vote thereon, ( 118-19
Motion further to amend, rejected, 119
Passed; vote thereon, 119
Amendments agreed to by senate, 126
Resolution to amend act, 128
No. 79, bill therefor, 135
Passed; vote thereon, 155
Passed senate, 167
SALE OF GRAIN, ETC.
Resolution as to, 52
SALE OF.CONVICT'S.
No. 48, bill for,
SALE OF PROPERTY.
Resolution as to,
18
No. 13, bill to amend act of 1863, 46
Message from governor, enclosing com¬
munication from Georgia, 98
Referred, ' 140
Resolution to permit joint committee to
visit Saltville, 114
Amended by senate, and agreed to, 115
Amendments agreed to, 115
Contract for purchase of, 171
Contract ratified, 177
Vote thereon, 178
Ratified by senate, * 183
No. 90, bill for purchase of, 172
Passed; vote thereon, ■' 178
Passed senate with amendments, 183
Amendments agreed to, 184
Report of joint committee, 173
No.- 91, bill to amend act concerning in¬
spector, 174 ■
No. 92, bill to amend act for production of, 174
No. 93, bill to amend act of 1863, 174
Report as to communication from Georgia, 188
Agreed to by senate, 189
Agreed to by house, 191
Report and resolutions, 191-3
S. B. 61, to amend act of 186*3, 183
S. B. 62, to amend act, 183
Passed, • 185
S. B. 63, to amend act concerning in¬
spector, 183
SANDY RIVER GUARDS.
Petition of, 32
Advers%report, " 59
SEALS.
Resolution as to tax on register of free
IRQ
SALT.
Resolution concerning delivery of, 17
Resolution as to manufacture of, 19
Resolution as to cost of, 23
Resolution for, as to counties not fur¬
nished, 24
Resolution as to, for refugees, 25
Resolution for supply to refugees, 39
Resolution to impress free negroes to
work on, 45
Resolution for removal of, 45
Resolution as to receipts for, by rail
roads, " 45
Resolution as to distribution of, 49
Resolution as to delay by Stuart, Bu¬
chanan & Co., in furnishing salt to
counties, 17
Committee appointed, 22
Committee discharged, 69
Resolutions to amend act to provide for, 24-6
Committee, 26
No. 2,"bill therefor, 26
Passed; vote thereon, . 36
Passed senate with amendments, 46
Amendments agreed to, . 46
Resolution for appointment of joint com¬
mittee, . 57-!
Motion to amend, 60
Resolution agreed to; vote thereon, 60
Resolution as to, agreed to, 60
Agreed to by senate,
Committee ou part of house,
negroes,
Adverse report,
SECURITIES.
Resolution for tax on,
Adverse report,
SECRET SESSION.
House resolved into,
SECRETARY OF WAR.
Letter from, upon details,
49
138
58,111
170
SHEEP, #
Resolution for protection of,' 23
Preamble and resolution concerning, 61-2
No. 49, bill to protect, . 89
Bill considered, 134, 137
SHEFFEY, HUGH W.
Elected speaker of house of delegates, 5
Vote of thanks to, 203
SHERIFFS.
Resolution for increase of fees, &c.
SHOES AND BLANKETS.
Resolution for, to Virginia soldiers,
Adverse report,
SINGLETON, WILLIAM G.
Petition of,
No. 19, bill for relief of,
22
127
138
49
53
820
INDEX.
Pafesed; vote thereon.
Passed senate,
133
157
SLAVES (REMOVAL OF}.
Resolution for, from counties in enemy's
lines, 28 See Banks.
Adverse report, CI
SLAVES TO WORK ON FORTIFICA¬
TIONS.
Resolution to amend act of October 1862, 44
Adverse report, 55
Resolution to exempt Southampton Rom
draft for, • 24
Resolution as to apportionment of, 22
Resolution to exempt counties overrun
by enemy, 45
Message from governor as to, 21
,No. 34, bill to amend act of 1862, 64
Amended, * 71
Proviso rejected; vote thereon, 71
Engrossed, 71
Engrossment reconsidered, 74
Engrossed and passed, '74
Passed senate with amendments, 105
Amendments agreed to, 105
Disagreed to, J05
Action of both houses; bill passed, 113
SLAVE CONVICTS.
Resolution fdr sale of, 37
No. 48, bill therefor, 89
SMALL NOTES. #
Resolution to prohibit issue of, by coun¬
ties, * 33
S. B. 8, therefor, 43
Passed, 58
SMITH, WILLIAM.
Declared elected governor, 30
SMUGGLING.
Resolution concerning, 17
SOLDIERS' FAMILIES.
Resolution concerning, 39
Resolution for tax on income, to sup¬
port, 1 119
See Indigent soldiers.
SOUTH SIDE RAIL ROAD. '
Resolution to enable, to pay state, 56
Adverse report, 136
SORGHUM.
Resolution to exempt, from act against
distillation, 37
Adverse report, 42
Petition of citizens of Charlotte, 109
Special committee, 111
See Distillation.
SOUTHERN EXPRESS COMPANY.
Resolution to limit use of rail roads by, 23
See Express companies.
SOUTHERN INSURANCE AND SAV
INGS SOCIETY OF PETERSBURG.
Resolution to incorporate, 101
No. 59, bill therefor, 110
S. B. 49, incorporating, 149
Passed, 154
SPECIE.
SPECIAL TERMS OF CIRCUIT
COURTS.
Resolution as to, 3!
No. 7, bill authorizing, 36
Passed, 58
Passed senate, " 88
STATE GUARD. '
Resolution to transfer pay, &c. to corps
of cadets, &e. &c. 166
STAY LAW.
Resolutions to amend, 32, 34,56
S. B. 17, repealing, 105
Tabled, 129
Indefinitely postponed, 151
STOCK IN RAIL ROADS OWNED BY
PERSONS IN UNITED STATES.
Resolution for report as to, 57
STUART, BUCHANAN & CO.
Memorial of, 74
Motion to print rejected, 74
SUBJECTS OF LEGISLATION.
Resolution limiting, 19
Amended, 29
Debate limited, 29
SUBSTITUTES.
Resolution as to repeal of law as to, 28
Of instructions as to, 51
SUPERINTENDENT OF PENITEN¬
TIARY.
Report of, Doc. No. 7, ' 37
SUPPORT OF FAMILIES OF
SOLDIERS.
Resolution as to, 32
SURPLUS PRODUCTS.
Resolution as to disposal of,
SURPLUS IN TREASURY.
Resolution for investment of,
Adverse report,
SYLVIA, MATTHEW.
No. 56, bill for relief of,
43
138
141
106
TAYLOR, GEORGE.
Memorial of, withdrawn, 203
TAX ON LANDS.
Resolution as to,
43
TAXATION.
Adverse report as to increase of, 145
Adverse report as to exempting certaiu
counties, 124
INDEX'.
221
TAX ON TOBACCO IN PUBLIC
WAREHOUSE.
Message from governor, 138
TAXES BY CONFEDERATE GOVERN¬
MENT.
Message from governor, 145
TERMINATION OF THE WAR. ,
Preamble and resolution a's to, 69-70
Indefinitely postponed, 70
TOBACCO.
Resolution to amend law as to culture of, 43,
TOBACCO DESTROYED BY FIRE.
No. 29, bill providing payment for,
TORPEDOES, ETC.
No. 35, bill concerning,
TOBACCO WAREHOUSES.
Resolution as to rent, &c.. to be paid
to proprietors of,
TRAFFIC IN GOLD, ETC.
Resolutions as to,
Adverse report,
TRANSFER OF CAUSES.
S. B. 25, to authorize,
Amended and passed,
Title amended,
Agreed to by senate,
59
67
203
12,29
136
157
157
161
Tabled,
129
TROOPS AND ARMS.
Resolution as to number furnished by
Virginia, 73
Response from governor, 107
TURNPIKES.
See Rates of toll.
USURPED GOVERNMENT.
Resolution concerning sheriffs in,
•57
TRANSPORTATION OF FOOD.
No. 84, bill as to, * 146
Passed, 158
Passed senate, ' 201
TRANSPORTATION BY RAIL ROADS.
Resolution as to, 41
No. 42, bill'to regulate, 76
See Virginia Central rail road.
TRANSPORTATION OF SALT.
Adverse report on resolution as to, 127
TRANSPORTATION OF TROOPS, ETC.
S. B. 27, as to, 92
TRAVEL BY RAIL ROADS.
Resolution as to facilities for,
TREASURER.
Resolution as to clerks in office of,
TREASURY NOTES.
' Resolution as to absorption of,
Referred,
Adverse report,-
No. 30, bill to prevent depreciation in,
Amended and engrossed,
Passed,
TRIAL.
No. 46, bill as to, of certain persons,
Passed,
Passed senate,
S. B. 25, anfending acts of 1861-2,
64
12
54
56
140
59
132
143
89
107
107
91
VIOLATIONS OF LAW BY RAIL
ROADS.
Resolution as to, 57
Report, 64
VIRGINIA CENTRAL RAIL ROAD.
Resolution referring governor's message
as to, 26
Resolution as to repair of, 155
No. 17, bill for impressment of fuel by, 51
Substitute therefor, 151
Agreed to, 169
Passed; title amended, 199
Passed senate, 201
VIRGINIA FEMALE INSTITUTE.
Petition of O. A. Ericson and als. 120
No. 71, bill to incorporate, 126
Passed senate, 202
VIRGINIA MILITARY INSTITUTE.
Resolution to increase appropriation to, 86
Report, 14
S. B. 60, making appropriation to, 183
Rejected; vote thereon, 184
Reconsidered and tabled, 185
Rejected; vote thereon, 189
Resolution to amend Code as to, 188
Committee, T88
No. 96, bill therefor, 188
*
VIRGINIA AND TENNESSEE RAIL
ROAD COMPANY.
Joint resolution authorizing payment of
loan hy, 36
Referred, ■ 36
Reported, _ 47
Recommitted, 50
No. 25, bill to settle loan, 54
Resolution to increase stock of, 55
><>. 83, bill therefor, 146
VIRGINIA VOLUNTEER NAVY CO.
S. B. 12, incorporating,
Passed,
See Records.
WARWICK.
WASHINGTON COUNTY.
Order of court of,
Resolution for select committee,
Committee,
S. B. 65, to authorize county court to
dispense with fence law,
Passed,
85
126
159
160
161
187
193
222
INDEX.
WATSONTQWN.
Petition of trustees of; select committee, 81
See Capon springs.
WEST, GEORGE H.
Petition of,
WILSON, GEORGE W. JR.
Elected second doorkeeper,
See Records.
WILLIAMSBURG.
19
WALTZ, FERDINAND.
Resolution for relief of, 146
YANKEE PRISONERS, ETC.
Resolution concerning, 165-6
YORK RIVER RAIL ROAD.
Report as to tolls on, ug
YOUNG, E. S .
Petition of, 22