JOURNAL
OF
THE SENATE
OF THE
COMMONWEALTH OF, VIRGINIA:
BEGUN AND HELD AT THE CAPITOL
IN THE CITY OF RICHMOND,
ON MONDAY, THE SEVENTH DAY OP DECEMBER, IN THE YEAR ONE THOUSAND EIGHT HUN¬
DRED AND SIXTY-THREE—BEING THE EIGHTY-SEVENTH OP THE COMMONWEALTH.
RICHMOND:
JAMES E. GOODE, SENATE PRINTER.
1863.
SENATE JOURNAL.
MONDAY, December 7,1863.
The senate assembled at 12 o'clock M., and prayer was offered by
Rev. DrTMinnegerode!
George W. Grice, elected on the 28th May 1863, to. represent the
third senatorial district, comprising the counties of Norfolk and Princess
Anne, appeared at the clerk's.table, qualified according to latv, and took
his seat.
It appearing .that a quorum was not present,
On motion of Mr. Christian of Augusta, the senate adjourned until
to-morrow, twelve o'clock.
TUESDAY, December 8, 1863
Prayer by Rev. Dr. Minrfegerode.
It appearing that a^uorum was present, the clerk read the journal'of
•yesterday.'
On motion of Mr. Christian of Augusta,
• Resolved, That the house of delegates be informed that a quorum, of'
this body was present, and that the senate is now ready to proceed to
business.
' On hi^ further*motion, it was ,
* Ordered* That he inform the house of "delegates thereof.
Mr. Ne'wman of Mason submitted,the following resolution:
Resolved,* That the governor be informed that the senate is feady to
receive any communication he may desire to make.
On motion of Mr. Marshall, the resolution was'laid on the table.
Mr. Douglas gave notice that when the' general assembly is ready to
procped with business, he would submit the following resolution :
Resolved, That the committee on finance' be and is hereby instructed
to report as speeclily as may -be, the .bill of the extra session, or a similar
one, providipg for a commufation of .the pay of members of the general
assembly/ *
Mr. Keen offered the follow!ng,resolution, which was agreed to :
Resolved, That a committee'be appointed to inform .the governor that
a quorumiof £he senate is present,.ahd that they are ready to receive
any communication he may desire to submit.
4
JOURNAL OF THE SENATE OF VIRGINIA.
The president appointed Messrs. Keen, Marshall and Newman of Ma¬
son, as the committee under said resolution.
Soon thereafter the committee, through their chairman, Mr. Keen,
reported that they had discharged the duty imposed on them—when,
The president laid before the senate the following communication from
the governor:
EXECUTIVE DEPARTMENT,
Richmond, Va., Dec. 7,' 1863.
G-entlemen of the Senate
and House of Delegates:
This is the last regular communication which I will have
the honor to present to the general assembly before tht dose of my
official term. I trust, therefore, that it will not he deemed inappropriate
to the occasion to review briefly the occurrences of the past four years,
with which, by reason of my official position, I have been inti'mately
and directjpr connected.
This has been a most striking and eventful period in our history;
and I can refer with pride and satisfaction to the part which Virginians
have played in this struggle for liberty and independence. No more
important struggle has ever occurred, whether we look to the principles '
involved,* the objects to be attained, or the gigantic proportions it has
assumed. This war has been waged by our enemies not to preserve the
principles and obligations of a written constitution, nor the rights of
persons, nor the rights of property, nor -the institutions of the country,
but to gratify a feeling of undying hate for a people who had neither
inflicted wrong nor injustice upon them. YVe were content to live sepa¬
rate and distinct; to pursue our interests and our .business relations,
without interferance on their part. We had ascertained that we could
not live with them, and we desired to separate in peace, and live an inde¬
pendent and distinct people.
We foresaw, years ago, what would be the result of the agitation of
thfe slavery question, and the continued encroachments which were being
made upon our rights. We admonished them that their policy would
sooner or later bring about a dissolution of tTie Union; and they were
appealed to, upon the floor of our legislative assemblies, through the
fress, and in every conceivable mode, to spare the country the horrors
of civil strife, and the sad scenes through which we are now passing.
Our admonitions and appeals were addressed to unpatriotic and listless
hearers—they fell unheeded—they persevered in the prosecution of their
policy—and the results are now before us.
What a spectacle is now presented in what was once the United States!
For almost a century a government ordained and established by our
fathers, which had for its object the formation of a more perfect union,
the establishment of justice, the insurance of domestic tranquility, pro¬
vision for the common defence, promotion of the general welfare, and
the security of the blessings of liberty to themselves and their posterity,
has been destroyed. The constitution which they formed was wisely
adapted to accomplish these desirable ends; ''and if administered in its
spirit and according to its letter, how widely different would have been
JOURNAL OF THE SENATE OF VIRGINIA.
the condition of our country to-day. . Instead of civil strife and dissen¬
sion, bloodshed, and all the horrors attendant upon a state of war, we
should have had peace, quiet, order, prosperity and contentment. Our
rights, our institutions, public and private property properly respected,
would have insured the permanency and contii^ied success of our great
experiment in government, and we should have continued to increase in
power and influence until our fame and greatness'would have over*
shadowed the earth, and furnished an example that all would have been
proud to emulate and imitate. We. were oh the highway to national
distinction, and were advancing with a progress unexampled in history,
when fanaticism and malignity, a love of power and a desire for plunder
interposed to check the tide of our prosperity, to paralyze the efforts
and energies of our people, and to drive them from the quiet pursuits of
peace into the troubled ways of war. They succeeded, and are answer¬
able this day for all the blood that has been shed, and all the sadness,
gloom and distress that llawe overwhelmed the land.
This struggle is not in. its origin unlike the contest-of 1776. The
causes which inaugurated that great struggle, and which resulted so
gloriously, are almost identical with those which lie at the foundation of
the present. Samuel Adams of Massachusetts, a state in that day de¬
voted to liberty and the cause of free government, described? the contest
with the mother country. Dates changed, and names altered, hew ad¬
mirably and strikingly it applies to our day and our struggle. The
cause of contest is the same. The great principle, that men should
have that form of government which is best adapted to their circum¬
stances and condition—that they should have protection for private and
personal rights and for property—that they should separate in peace,
if l^ieir interests demanded it—and should establish such government
•Us would best secure the ends of justice, and insure the welfare of the
people, lie at the foundation of this struggle. The extract is so full,
so apposite, and bears so directly upon the present condition of affairs;
that I cannot refrain from quoting it, as a justification of the present
position of the south, and an ample vindication of their motives, their
conduct and their action.
"This day, my countrymen, this day, I trust, the reign of-political
protestantism will commence. We have explored tip) temple of royalty,
and found that the idol we bowed down to has eyes which see not, ears
which hear not our prayers, and a heart like the nether millstone. We
have this day restored the sovereign to whom alone men ought do be
obedient. He reigns in heaven; and with promtious eyes beholds his
subjects assuming that freedom of thought aifd dignity of self-direction
.which he bestowed upon them. From the rising to the setting sun,
may His kingdom come.
"•Political right and public happiness, my countrymen, are different
words for the same idea. Those who wander into metaphysical, labrynths,
or have recourse to original contracts, to determine the rights of men,
either impose on themselves, or mean to delude others. Public utility
ij> the only'certain criterion.
"Yedarkeners of counsel, who would make the property, lives and
religion of millions depend on the evasive interpretations of musty
6
JOURNAL OR THE SENATE OF VIRGINIA.
parchments—who would send us to antiquated charters of ^uncertain and
contradictory meaning, to prove that the present generation are not
bound to be victims to cruel and unforgiving despotism—tell us whether
our pious and generous ancestors, bequeathed to us the miserable privi¬
lege of having the rewards of our honest industy, the fruits of those
fields which they purchased and bled for, wrested from us at the will'of
men over whom we have no check? Did the^ contract for us, that, with
•folded arms, we should expect from brutal and inflamed invaders that
justice and mercy which had been denied to our applications at the foot
of the throne? Were we to hear with indifference our character as a
people ridiculed? Did they promise for us that our meekness and
patience should be insulted, that our coasts should be harassed, our
towns demolished and plundered, our wives and offspring exposed to des¬
titution, hunger and death, without our feeling the resentment of men—
without our exerting those powers of self-preservation which God has
given us ?
"No man had once a greater veneration for Englishmen than I enter¬
tained. They were dear to me as branches of the same parental trunk,
as partakers of the same religion and laws. I still view with respect
the remains of the British constitution, even as I would a lifeless body
which had once been animated by a great and heroic soul. But when
I am roused by the din of arms; when I behold legions of foreign
assassins paid by Englishmen to imbue their hands in our blood; when
I tread over the uncoffined bones of my countrymen, neighbors and
friends—when I see the locks of a venerable father torn by savage
hands, and a feeble mother clasping her infants to her bosom, and on
her knees imploring their lives from her own slaves, whom Englishmen
have lured to treachery and murder—when I behold my country, once
the seat of industry, peace and plenty, changed by Englishmen to a
theatre of blood and misery, heaven forgive me, if I cannot root out
dhose passions which it has implanted in my bosom ! Heaven forgive
■me if, with too resentful and impetuous a scorn, I detest submission to a
people who have ceased to be human, or have not virtue enough to feel
their own servitude and abasement 1"
If the reasons assigned by Mr. Adams were sufficient to justify the
American revolution, and the judgment of the worhf has so decided—if
they were sufficient to justify him in scouting the idea of reunion be¬
tween the colonics and the mother country, is not the case equally
strong in our justification.? What wrong, what outrage perpetrated by
»Great Britain upon our ancestors, has not been greatly exceeded by
ihe Lincoln government in our own case? If the conduct of England
aroused the passions and inflamed the prejudices and excited the im-
;petuous scorn of Mr. Adams, surely, when the vandals of the north
'have sought to destroy the peace and prosperity, to ruin the industry
.and waste the "abundance of the south, we may be forgiven for enter¬
taining feelings of bitter resentment and uncompromising hostility
.against the authors of these inhuman acts.
This war has now been, in progress nearly three years. Whatever of
respect, or confidence or affection existed at the commencement of our
troubles, has been effectually crushed and forever destroyed. There is
JOURNAL OP THE SENATE OP VIRGINIA.
7
not even the shadow of a possibility that respect can be revived, or con¬
fidence restored, or affection renewed. The chain that hound us to¬
gether has been broken, and can never be reunited—the magnificent
structure reared by our wise and patriotic forefathers has fallen into
ruins, and can never he reconstructed. The union they formed, the
government they established, have'had their allotted time, and are now
numbered with the things that are gone. A people imbued with sound
principles and animated by a propel^ spirit, who hate us with the inten¬
sity which the northern people have exhibited, and who know that we
detest them,„would not desire a longer alliance. Honor, justice, pro¬
priety—every consideration that should influence good and patriotic
men, show the necessity of our eternal separation.
It is said we have some men amongst us who are advocates of what
they call an honorable peace, which, "fthen properly interpreted, means
nothing more nor less than submission. It is pleasant to know that jthe
number of such men is small—hut whether large or small, spurn them
all as you would the viper. Men who preach peace under present cir¬
cumstances are false to us and to the Confederacy. It is time enough
to speak of an honorable peace when Lincoln shall have withdrawn his
armies from our soil.
The apology for inaugurating this bloody war was the preservation
of the Union. The reason now avowed for its continuance is the aboli¬
tion of slavery and the subjugation of the south. The real object of
the struggle was not stated in the beginning; but as time wore on, and
fanaticism, foiled in all its efforts, "became more violent and intolerant,
all disguise was thrown aside, and the policy and purpose boldly avowed.
Our enemy to-day, with all the aid of the seventeen hundred thousand
men he has placed in the field, and with all the appliances and vast
preparations he could bring to bear against us, now finds himself in
very much the same situation he occupied a year ago. Before he shall
attain the end of his effort at subjugation, untold millions must be ex¬
pended and numberless lives must be sacrificed. We must be patient
and enduring, energ'etic, determined and courageous, and the result is
certain. The war may last long; but if we maintain the spirit with
which we started out, the result cannot be doubtful. Our liberties will
be achieved and our independence firmly established. They greatly ex¬
ceed us in numbers; but we take comfort from the assurance, furnished
by divine authority, that "the battle is not always to the strong." That
Providence which has heretofore watched over us, and given to us victory
upon so many hardly contested fields, will still be with us, if we are
faithful to him and true to ourselves. So far, we have accomplished
all—nay more than we could have reasonably anticipated. We have an
army in the field well appointed and well equipped, unsurpassed in spirit,
unequalled in. devotion to the cause, enured to- service, disciplined, true
and courageous. Out people, old and young, male and fbmale, are of
one mind in their hatred of the Yankees, and in their determination to
separate from them. Can such a people be brought under a tyrant's
power, and be forced to submit to a tyrant's exactions? Can such a
people be conquered and subjugated? Never! 1
This is a cause in which all are equally interested. Its principles ope-
8
JOURNAL OF THE SENATE OF VIRGINIA.
rate alike upon the poor and the rich, the humble and the exalted. The
blessings of liberty are alike to all, and it is the duty of all to unite
their efforts and energies in the struggle to secure them for themselves
and their posterity. We are so linked together, so mutually dependent,
that any disaster which overtakes one class, operates more or less pre¬
judicially upon the interests of all others in the same community. The
framework of society is made up of many parts, and each is necessary
to give strength and beauty to the structure. The man, therefore, who
undertakes to demonstrate that the interests of all classes of society
amongst us are not identical, is an enemy to our cause and its success.
Such men are unworthy of confidence, and merit the frowns and the
scorn of the people they would betray. The men who talk thus are in¬
different to our success, and they^ should be marked and watched. In
the main, they are men who were active in bringing about the present
war, but who have taken peculiar pains to keep out of the fight. I hap¬
pen to know of a number of such in our own state, who have domiciled
themselves and their families in soft *places? an(I have thus escaped the
dangers of the field. They were for commotion and agitation, not for
a fight, and they should now be constrained into active service, and take
their chances for martyrdom in a glorious cause#.
Men who had no right to ask or expect exemption from active service
in the field, are found comfortably ensconced in the commissary or quar¬
termaster's departments, or in the lying in hospitals, prepared by the
nitre and mining bureau, which has scattered its operations over the
whole face of the state. > All these places could be filled with infinitely
more advantage and profit to the Confederacy, by men of age, expe¬
rience, and matured judgment, who are beyond the military age, and
unfit for service. Young men in two many instances hold such posi¬
tions, and justice demands that they should be in their appropriate
places in the field. The fact that these men are kept in such positions,
for which they possess no superior qualifications over hundreds of others
exempt from military duty by reason of age or physical disability, ope¬
rates prejudicially to the public interest, and sows the seeds of dissen¬
sion and strife, which will sooner or later produce a harvest of4 mischief.
These may be regarded by some as unimportant matters, but still they
are worthy of consideration, and it is to be hoped will be speedily chan¬
ged and corrected. The public interest demands this, and what the
public interest demands no representative of the people should be afraid
to execute.
The manner in which the impressment system has been conducted
has produced incalculable mischief. The agents selected have too fre¬
quently been men w7ho possessed neither manners nor business qualifica¬
tions, and the result has been that they have caused in the minds of
multitudes of well meaning men great dissatisfaction with the confeder¬
ate government. If men of age, experience and practical judgment
were selected to fill these positions, the ends which the government has
in view would be accomplished, and no prejudice in the public mind
would be created. Young and inexperienced hands have too often been
charged with the execution of this branch of business, and from all I
have learned, I am satisfied that they have not unfrequently been sent
JOURNAL OP THE SENATE OP VIRGINIA.-
9
Out without the necessary written instruction ; and the mannej in which
their duties have been performed has created the utmost dissatisfaction.
Legislation is required for the protection of our people against the im¬
positions practiced by impressment officers and persons claiming to be
such, and I trust it will be had at this session.
The practice of overrunning the counties of the state,- and leaving
notices, either verbal or written, that the whole of each farmer's crop
of wheat, corn and provender is impressed for the government, without
taking it away, or giving certificates of the quantity impressed, and
without ascertaining the liability of the government for its value, is not
only unlawful in itself, but calculated to starve out the non-producing
classes in every state. It is proper that our armies should be fed, and
that the government should be furnished with adequate supplies for the
purpose; but judicious officer^ ought to estimate the quantity that may
be necessary ; and having done that, should apportion the impressment
according to the quantities on hand in each neighborhood, leaving a por¬
tion to each farmer, to be disposed of for the benefit of the inhabitants
of the cities and the poor of the country. If any other system be
adopted, distress, dissatisfaction and starvation will be inevitable.
The harboring of deserters, and the aid extended to them in facilita¬
ting their passage from point to point on their way home, is a most se¬
rious evil, and legislation is imperatively demanded for its correcti^i.
A number of disloyal persons arrested under the orders of confederate
officers for giving aid to deserters, have been brought from time to time
to Richmond, and aft.er remaining here in confinement for a short time,
have been discharged, and in numerous instances have returned to their
homes and exhibited a far worse spirit than before their arrest. Such
offences should be severely punished, as their effects upon the discipline
and organization of the army are exceedingly prejudicial. I commend
this subject to your early attention, and earnestly recommend the pas¬
sage of such a law as will cure the evil. The law introduced at the last
session was in my judgement unnecessarily harsh in its'provisions, but
I feel-persuaded that your wisdom can suggest such a law as will fully
meet the case.
In this, as well as in many other matters, state legislation can render
essential aid to the confederate authorities in the performance of their
arduous and responsible duties. Such aid should at all times be cheer¬
fully and promptly furnished. We have much at stake, and united ac¬
tion and concurrent legislation will do much to insure our success in this
important crisis. In unity there is strength; and it is the first duty of
every good citizen to cultivate a spirit of harmony between state and-
confederate authorities, so that they may prove mutual supports each to
the other. Strengthen the bond of confidence, by encouraging kindly
feeling, and by dealing liberally and justly with our sister states of the
Southern Confederacy—make us feel that we have a common interest,
which can only be upheld and maintained by common efforts; and above
all, impress us with the important truth, that if we would succeed, we
must be thoroughly united in feeling, in sentiment, in effect and in ac¬
tion. It is in our power to achieve success in this noble struggle ; and
if we fail, „we will have none to blame but ourselves. 'Our cause is the
2
10
JOURNAL OF THE SENATE OF VIRGINIA.
cause of liberty, and whoso attempts to crush it, will find his efforts
vain—that the spark cannot be extinguished, and will eventually burst
into a flame that will illumine and cheer the hearts of the down-trodden
and oppressed throughout the world. If we have any amongst us who
are despondent (and I am well satisfied there are but few,) let them take
courage.
Reunion and reconstruction are hut synonymous for submission. The
man who can assent to reunion or reconstruction, is unworthy .to enjoy
the blessings of liberty and free principles, and deserves to suffer the
horrors of subjugation at the hands of our vandal enemies. They have
already proclaimed their purpose to strip us of our slave property; and
as far as this purpose could he accomplished by them, they have remov¬
ed it, in common with every other species of property. They have de¬
stroyed our dwellings, devastated our lands, and avowed their purpose
to starve us into submission. They have omitted no opportunity to
wreak their vengeance upon unoffending women and innocent children.
Even the implements of husbandry have been destroyed, as one of the
means of accomplishing the starvation of our people and their devilish
work of extinction. When a chaplain in the federal army can avow
the atrocious sentiment that if the extinction of slavery requires the
extinction of the slaveholder, he was for his extinction, what can we
expect from a people represented by such a clergy ? Any fate would
he preferable to union with them. They are deaf to all appeals for jus¬
tice, ins ansible to all the claims of humanity, indifferent alike to all so¬
cial, moral and christian principles, and recklessly bent upon the ex¬
tinction of a people whose blood in many instances flows in their own
veins. Can we again reunite with them ? Can we aid in the recon¬
struction of a government which is to he common to us and them?
Every consideration of duty to our God, to ourselves and to our pos¬
terity forbids it. Our peace, our happiness, the prosperity of out coun¬
try forbid it. As friends and advocates of liberty, independence and
the principles of free government, our judgment, our feelings—all the
nobler impulses of our nature rebel against the idea of reunion and re¬
construction. Every blow struck by our enemy since this cruel Avar
began has only intensified the more deeply our hatred towards them and
their hatred towards us, and has widened and deepened .the gulf between
us and them. We are now separated, and the public sentiment of Vir¬
ginia and the states of the Confederacy is that we shall remain as we
are. If we are to form a union with any people, let it he Avith some
nation of high toned honor and elevated principles.
The indications admonish us that this war may continue for some time
to come, and that we shall he called upon to endure much. It behooves
us, therefore, to be patient, firm and energetic, self-sacrificing and de¬
termined, and to omit nothing calculated to aid in securing success. The
occasion, the cause, and the hopes and expectations Avhich success in¬
spires, appeal to all to redouble their exertions, their energies ai^d their
efforts. If Ave determine with fixed and resolute purpose to succeed,
and if we move as one man in everything that is required to sustain the
cause, we cannot fail. A people resolved to be free can never die slaves.
All the glorious recollections that adorn the history of our ancestry, and
JOURNAL OF THE SENATE OF VIRGINIA.
11
gave to them, in the eyes and estimation of mankind, dignity and char¬
acter—all the sufferings which have been inflicted upon our people; all
the bright anticipations which crowd the future, and which promise
peace, prosperity and happiness to us and our posterity, appeal to us to
be true and faithful to ourselves and our country. The people will be
true, and the day of deliverance will come. It is useless to attempt to
conceal the fact that the northern people are as thoroughly united and de¬
termined as we are, and it is proper to look the matter sternly in the
face, and make our preparations to meet it with equal firmness and de¬
cision. No people; ever lost anything by properly estimating the power
and strength of an adversary. We are thus better prepared to maintain
our rights, and we can do it with greater success and effect. Many a
battle has been lost, because the power and number and preparations of
the enemy were underestimated. It is always wise to look danger fully
in the face, and meet it calmly, with spirit and decision, energy and
courage. Prudence, industry, judgment and patriotism will save us and
the cause, and establish independence upon a firm basis.
Encourage a proper spirit, inculcate harmony, unity and conciliation,
and all will be ivell. Victory will crown our efforts, and the end will be
liberty, independence and the establishment^ of free government, that
will insure happiness to our people and prosperity to our country.
The.pay of soldiers.
I have heretofore recommended that the pay of the soldiers should be
increased. I renew this recommendation, and earnestly urge such ac¬
tion as will tend to accomplish this wise and just result. Eleven dollars
per month is not a compensation for services rendered in the field. It is
our duty to have a care for the soldier who is fighting our battles and
suffering all the inconveniences and deprivations of the camp. Besides,
many of them have families dependent upon them in great measure for
support; and they should receive such pay as will furnish them the ne¬
cessaries and comforts of life. No man can remain contentedly in ser¬
vice, if he has reason to suppose that his wife and children are suffering
in want. We have as noble and patriotic and self-sacrificing an army
as has ever adorned the history of any nation, and we must sustain them
and those dependent upon them. Justice demands this; every consid¬
eration of patriotism requires it, and I trust it will be your pleasure to
require your senators and request your representatives to take such ac¬
tion" in congress at this session as will bring about a result so just and
equitable, and so much to be desired.
Extortion.
The most severe curse with which we have been afflicted during this
war is the crime of extortion. It has done-us infinite mischief, and un¬
less checked and exterminated, will do us much more. It becomes every
patriot to give his attention to the subject, and exert whatever influence
lie may possess to extirpate the evil, which is daily growing in magni¬
tude and importance. Its ramifications extend throughout the whole
land. It embraces to a greater or less extent all interests—agricultu-
12
JOURNAL OF THE SENATE OF VIRGINIA.
ral, mechanical, mercantile and professional. It is hold, heartless, re¬
morseless, and defiantly insolent in its exactions. It has no kindly
sympathies, no genial affections, no generous impulses. Sickness, sor¬
row, suffering, want and starvation appeal to it in vain to release its
gripe. The more it gets the more it craves. Its insatiate maw is never
satisfied, and unless some check is imposed upon its exactions, it must
involve the whole land in strife, riots and public discontent, to the pre¬
judice of the public peace, and great embarrassment of the government
and demoralization of the army. These are serious results, and we
must be prepared for them. Divine authority has said, "a wiseman
feareth and departeth from evil; but the fool rageth and is confident."
The mischiefs resulting from an indulgence in extortion are palpable to
all, and we must resort to all proper and legal means to remove the
cause.
The Divine Word denounces the most severe judgments against th^
extortioner, but these -denunciations have failed to produce any effect
upon him. It is declared, amongst other things, that "he that with-
holdeth corn, the people shall curse him ; but blessings shall be upon the
head of him that selleth i^"
"Hear this, 0 ye that swallow up the needy even to make the poor
of the land to fail—saying, when will the new moon be gone, that we
may sell corn ? and the Sabbath, that we may set forth wheat, making
the ephar small and the shekel great, and falsifying the balances by de¬
ceit."
"That we may buy the poor for silver, and the needy for a pair of
shoes ; yea and sell the refuse of the wheat."
"Shall not the land tremble for this, and everyone mourn that dwell-
eth therein ?"
These are some of the judgments pronounced against the men who
oppressing the poor, beggaring the needy and defenceless, plundering
the community in every shape and form, that they may fill their coffers
and wax fat. In the midst of a revolution, when we are straining every
nerve to achieve success, when the country expects and has <a right to
expect that every man will come forward to defend it by his personal
efforts and with his private means, and when all the necessaries of life
are in demand for the support of the army and the people at home—it
is at such a time that the soulless extortioner is upon his walk seeking
victims for plunder. The soldier in the field, who is defending the home
and property and family of the extortioner, suffering all the privations
of a camp, and the wife and children half clad and suffering for the ac¬
tual necessaries of life, present their sad and tearful appeal to him for
relief. What cares he for them ? Their appeals and necessities do not
move him. His sympathies are not touched, his feelings oF compassion
are not aroused. Liberality and generosity have long since deserted
him, and the extent of his vision is bounded by the circumference of a
gold or silver coin. Money is his god, and he worships it with a hearty
devotion. He
"Would pour the sweet milk of concord into hell—
Uproar the universal peace,"
for one additional dollar to aid in filling his coffers.
JOURNAL OF THE SENATE OF VIRGINIA.
13
It is manifest, from our own observation, that the law of God has no
influence in restraining the excesses of this class; and I therefore suggest
whether it would not be well to ascertain whether human'ingenuity cannot
devise some plan that will restrain him. Would it not he well to ascer¬
tain their gains since the commencement of the war; create therefrom
a fund, and use that fund for the relief of the families of our gallant
soldiers ? Many of them are in need of aid; and it would be a righte¬
ous retribution to make those who have amassed wealth by burdening
the people, support them. I throw out the suggestion for your conside¬
ration.
Let me not be misunderstood. I am not opposed to the cultivation of
the earth, and the sale of its productions. I am not opposed to the me¬
chanism of the land, its fabrics and the sale thereof, nor am I opposed
to commercial intercoutse, and the profits it yields. Give to all these
interests and pursuits fair remunerative profits, and I am content. But
these profits should not be some an hundred, some a thousand, and some
ten thousand fold ; and it should be remembered that a moderate profit
upon higher prices will yield a much larger ratio than the same profit
upon lower prices. Where is the man who is satisfied now with the fain»
profits which obtained in time of peace ? -This is the matter that re¬
quires regulation—ithis L the point that requires scrutiny. I would
deal liberally with them, but further than this I would not go. " Live
and let live," is a sound principle, and if fairly carried'out, wrong can
be done to no one. When it goes beyond this, the mischief begins, and
at that point the law should interpose to crush it.
Extortion is a great and crying evil, and if you can, it is a duty, and
should be a pleasure to apply the remedy. I earnestly hope your at¬
tention will be directed to the subject, and that you will apply such a
remedy as I am sure you can readily suggest.
The Militia and Home Guards.
I again renew my recommendation of the last session for an organi¬
zation of all able-bodied persons in our state, for the purpose of home
defence, and to aid, if necessary, in the execution of the laws. My
reasons for this recommendation were assigned in my last message; and
nothing but the importance (in my judgment) of the measure would ex¬
cuse a renewal of the recommendation. We rfiust be in a condition to
repel raids; and without organization it will be impossible to act effect¬
ively. Such organization can be of infinite value in many respects in
giving protection to our people against the sudden incursions of the
enemy.
It cannot but be manifest to every observant and reflecting man, that
one great object, and the greatest object which the enemy propose to
accomplish, is, as far as possible, to embarrass agriculture, by prevent¬
ing the cultivation of the earth and thus depriving us of the means of
support. Hence it is that persons having no connection with the war—
private citizens engaged in their daily avocations, have been stripped of
their horses mules, cattle, the implements of husbandry destroyed, and
their dwellings given to the devouring flames. Hence it is that families
14
JOURNAL OF THE SENATE OF VIRGINIA.
have been brutally driven from their peaceful homes, subjected to all
the privations incident to refugee life, and now that winter is approach¬
ing, must suffer its rigors. Hence it is that the implements of the me¬
chanic are destroyed, and the means of acquiring the daily bread whereby
his family are fed and clothed are thus taken from. him'. Hence it is
that the temples dedicated to the worship of the living God are dese¬
crated and destroyed. Hence it is that the obligations imposed upon
its members by old and established institutions, that have existed for
ages, and which have heretofore been respected in all wars, are now
disregarded. Wherever the enemy have passed, public property and
private property have been given to destruction. And for all this there
is a reason, and it is shamelessly avowed by many of our leading enemies,
and that is, to reduce us to starvation, and in order to remove slavery
from amongst us, to reduce our territory to the condition of a "howling
wilderness." Their whole mode of warfare has been fiendish, and each
day adds to it some new feature of atrocity and brutality. With such
a foe, nothing that can foil him in his "plans and purposes should be left
undone.
Organizations such as I have recommended can render essential ser¬
vice in checking raids, and in inflicting summary punishment upon the
raiders. When the raiding parties find they must r^n the gauntlet of
home guards in every neighborhood through which they are compelled
to pass, they will be somewhat particular before the experiment is at¬
tempted. The hazard is too great, and they will hesitate long before
they incur it.
I am gratified to inform you that a considerable number of "home
guards" have been organized in various counties, and that they have on
all occasions manifested a gallant and chivalrous spirit. When danger
threatened, they promptly went forth to repel it, and in almost every
instance, without an enquiry as to what constituted " local defence."
It was sufficient for them to know that Virginia was threatened, to sat¬
isfy them of the propriety of going forth.in her defence.
In concluding this portion of my communication, I return my cordial
thanks to the home guards, who have on so many occasions responded
to the calls upon them for aid from southwestern and other parts of
Virginia. They deserve well of the country ; and in my retirement
from office, it will be a pleasant reflection that these organizations were
formed during my administration. I will always think of them, and
look to them with interest; and I have an abiding faith that they will do
honor to themselves, their mother commonwealth, and the Confederacy.
Substitutes.
When this war commenced I was opposed to the substitute system,
and my opinion was well known. But in opposition to my wishes and
views, it was adopted by the state and confederate authorities. Substi-^
tutes have been tendered a^nd accepted for three years, under the laws
both of the state and the Confederacy; and the policy having been es¬
tablished, whether right or wrong, it is now too late to controvert it.
TJntkm the action, of both goverments it became a binding and subsist-
JOURNAL OF THE SENATE OF VIRGINIA.
15
ing contract, and as such should he respected and observed. Contracts
between governments and individuals should at all times be held sacred
and inviolable. No government which violates them can long maintain
its character for honor and ihtegrity. When these are forfeited by a
government, the public confidence in it is at an end.
Many of these substitutions, as I understand, are now disregarded
and set aside, notwithstanding the fact that the parties have paid large
sums to obtain the men who are to fill their places. This is done upon
the idea that the states had no right or authority to receive substitutes
even before the troops were turned over to the confederate authorities.
If such ~be the doctrine, I enter my protest against it, and. leave it to
the parties to controvert the question before the courts. There the ap¬
plications will receive a hearing, and will, I have no doubt, be fairly and
justly decided. I recommend the subject to your consideration.
I am in favor of every man doing his duty in this war, but at the
same time 1 am equally in favor of the inviolability of contracts. When
the government makes an agreement with a party, good faith requires
that it should respect it and carry it out. No government which shows
a disregard of its voluntarily incurred obligations, can hope to prosper.
Honesty, fair dealing, and a strict compliance with obligations assure
confidence and unite the people firmly to the government. I trust,
therefore, that the conscript bureau will give to this question the most
serious consideration before further steps are taken.
Railroads.
Our railroads are admirably adapted to our wants. If they had been
projected with special reference to the existing condition of things,
they could not have been better located for the accommodation of the
people in peace, and aid to them in war. It really seems, when we re¬
view the various acts which originated them, and under which the works
were prosecuted, as if some divine though unseen hand guided and di¬
rected our legislation on this subject. Without them, we would have
been seriously embarrassed in the prosecution of the war. They are
now becoming much worn, and extensive repairs are greatly needed,
and must be speedily made. The great difficulty which the several
companies now have to encounter is in procuring the requisite labor. I
see no reason why the free negro labor of the state should not be ex¬
clusively dedicated to this object; and I think I can see many good
reasons wl^ it should. In the first place, as they will receive good
wages, there will be no inducement to abscond to the Yankees. On the
other hand, slaves, where near the border, are more or less tampered
with, and not unfrequently forcibly carried away by raiders, to the loss
of the owner, and the prejudice of the productive interests of the country.
In the second place, many of the free negroes are mechanics, and me¬
chanical labor is indispensable to keep up the railroads. By employing
free negro mechanics, the slave mechanics would be left upon the farms,
where they could be employed to great advantage, and where their ser¬
vices are at this time greatly needed. This course will accomplish all
that the railroads require, and will at the same time furnish the farmers
16
JOURNAL OF THE SENATE OF VIRGINIA.
and other citizens of the country mechanical labor, which is indispen¬
sable to them in the prosecution of their business.
.We have various interests in our country, all of which demand con¬
sideration. We must look to them all, provide for them all, in order to
sustain ourselves in this crisis. We cannot prosecute the war without
an army, and it is therefore of the first importance that the army should
be filled. We cannot keep up an army unless we provide flour, corn,
beef, bacon, and the other articles necessary to sustain life. The army
must be clothed and shod, and furnished with transportation, supplied
with arms and ammunition, all of which requires mechanical and other
labor. A statesman charged with the supervision of all of these things,
should see'that all are in a sound and healthy condition, that they are
working harmoniously together towards the accomplishment of a com¬
mon object. It can be done without prejudice to the army. It is a
subject which addresses itself to the reflection end judgment of all our
officers, confederate and state. Every patriot desires to see the machi¬
nery of the state and confederate governments work smoothly and har¬
moniously; and if the engineer in charge of each exhibits prudence and
wisdom and a proper spirit, all jarring and collision will be avoided.
Our system of government is beautiful and imposing; and if we keep
steadily in mind that the states are sovereign, and that the confederate
government is their creation, with no powers except those that have
been delegated, each can be "administered in harmony with the other.
A recent decision on this subject made by a confederate judge—a
pure, an upright and an honest man—has attracted my notice and
elicited my decided condemnation. If his opinion be law, states' rights
is a myth, not worth struggling for. I have rarely read an opinion
which created within me more astonishment, or which in my judgment
contained more bad law or bad- logic. Under this opinion the states
have no rights—the confederate government is invested with absolute
power. This war was commenced to maintain state rights ; it has been
prosecuted to perpetuate them; but this decision overthrows the noble
doctrine, and leaves us where we were at the commencement of this
great controversy. I enter my protest against it, and trust the general
assembly will not hesitate to denounce its heresies in the most decided
terms.
If this opinion be right, and be acted upon hereafter, then our whole
railroad system may at any moment be set aside; the lines established
by the state be torn up; the rails taken to build other roads in or out of
the state; the faith of the state plighted to corporations violated with¬
out redress; the state's own interest in the roads disregarded; and any
system may be adopted by the confederate government to destroy the
lines of intercommunication! between parts of the same state and be¬
tween co-terminous states; any system be established to make one state
tributary to another—and all this may be done without compensation to
individuals, to companies or to the commonwealth, and without remedy.
Lunatic Asylums.
I have no additional information to communicate in regard to the
JOURNAL OR THE SENATE OF VIRGINIA.
11
Eastern or Trans-Alleghany lunatic asylums. Nothing has been heard
from either, of an official character, since my last communication to the-
general assembly. The enemy still holds possession of both institutions/
At your late called session I presented a report from the superinten¬
dent and directors of the Central lunatic asylum, upon which no" action'
was taken. This report showed the condition and wants of the institu¬
tion, and embraced the same subjects which would be presented *in the
regular report.
The regular report has not been received, owing to .the fact that
Doctor Stribbling, the eminent superintendent, has been quite ill for
some time past, and has had to submit to several painful surgical opera¬
tions. He is, I am pleased to say,*rapidly improving, and will be able'
in a short time to resume his duties. The report required by law will
then be prepared, and so soon as received will be communicated to the'
two houses.
Literary and Scientific Institutions.
No report has been received from the rector and visitors of the Uni-
versity of Virginia for the past year. I have therefore no information
in regard to its operations or present condition to communicate. Re¬
ports from the superintendent of the Virginia military institute, accom¬
panied by a .complimentary order to the officers and cadets, and the
home guards of Rockbridge, issued by General Imboden, are herewith
transmitted for your information. I am gratified in being able to state
that the institute is in a highly flourishing condition, and that the ca¬
dets are progressing well in their stddies. This institution' is more pros¬
perous than any other in the state, a result attributable to the- fact that
in the present condition of the country the value of military education
is more highly appreciated by the people of the Confederacy. Every
one feels the necessity of having educated officers, to command our
troops, and educated soldiers to impart instruction to the rank and file
in. our army. „
The prosperity and progress of all our literary institutions, have been
seriously retarded, and their usefulness greatly impaired by the existing
war. • The young men who formerly filled our halls of learning, with a
patriotism which cannot be too highly commended, when the war broke
out rushed to arms in defence of their native land, aqd zealously de¬
voted themselves to the service of their country, hdany of these gen¬
erous and noble spirits have fallen on the field of battle, and now sleep
in quiet hut honored graves—
" And the nightly dew that falls, tho' in silence it Weep,
Shall brighten with verdure the spots where they sleep."
Others have been wasted by disease, and sunk, under the slow torture
of wounds, into sad graves—'while many ©th'ers yet survive, noble ex¬
amples of patriotic spirit and devotioD to* the cause of liberty and inde¬
pendence. They prize the cause far more than life itself, and they are.
ready to make any sacrifice demanded by honor and duty.
18
JOURNAL OF THE SENATE OF VIRGINIA.
There is a time for all things—a seed time and a harvest time—a
spring time, a summer, a fall and a winter. There is a time for peace
and a time for war. Providence guides and regulates, controls and di¬
rects all for wise ends. Providence prepares men for the condition he is
to occupy in t*his life, and invests him with the spirit, energy and deter¬
mination to give effect to his great purposes.
When this war shall end, our colleges, universities and schools will be
again fi.led with ingenuous youth, ardently pursuing their studies, and
struggling for literary and scientific distinction. There is a future be¬
fore us, and if we wisely improve the present moment and avail our¬
selves of present opportunities, we can look forward to it with hope and
confidence.
When the halcyon days of peace shall return, then we can devote our
attention to education and literary and scientific pursuits. The great
question that now engages the public mind and absorbs the attention of
all ages and conditions, is the war in which our county is involved. Our
first duty to ourselves and those who'are to come after us, is to secure
the liberty and independence of our country. When this great and in¬
valuable object is attained, we can then devote all our effort^ to edu¬
cational and mateHal development.
The Currency.
A sound financial system is indispensable to the successful adminis¬
tration of a government at all times, but particularly so at a time like
the present, when we are involved iq, a struggle of such immense magni¬
tude. At such times the minds of vhe people are engrossed with the
struggle itself, the best mode of its prosecution, and the results it is
expected to accomplish. Other matters, in themselves important, are
not unfrequently overlooked or neglected. The spirit of revolution is
disorganizing, and to a certain extent demoralizing. It is very apt to
be attended with lawlessness and crime. Men become reckless, careless
and indifferent to obligations, idle fulfillment of which in a time of peace
would be scrupulously respected. We are now passing through these
trials; but I am gratified to say that public attention is beginning to be
drawn to the currency and other questions which have been heretofore
too much neglected by our statesmen and lawmakers.
The present condition of the currency presents a question which
should receive the calm, serious and careful consideration of the wisest
heads in the Confederacy. We have amongst us numbers of intelligent
gentlemen, who have devoted their attention for years to banking,
brokerage and financial operations and pursuits, who might be consulted
with advantage by the public authorities. We have statesmen who
have devoted their energies and intellects to the study of the financial
systems of the governments of the world, who are conversant with all
that relates to their organization, their operations, and the results that
have attended them in peade as well as in revolutionary times. If these
gentlemen will consult with the bankers, brokers and other financiers,
the results could not fail to be advantageous to the Confederacy and
the country. It is only by bringing intellects and information together,
JOURNAL OF THE SENATE OF VIRGINIA.
19
that results can be effected and a system devised that will cure existing
evils and remove embarrassments that operate most prejudicially on the
prosperity of the country and its business and-fihancial relations.*
The suggestions and recommendations which have been presented by*
some of our most practical, experienced and well informed statesmen,
pointing out such remedies as in their judgment were calculated,, to re¬
lieve us, show that the public mind is fully aroused, an'd is looking to
spme effective mode which will insure a sound and stable circulation that
will meet all our wants.
When the mind -of the people is so fully alive to the necessity of ac¬
tion, some plan can surely be adopted which will meet the end desired,
and place our currency upon a safe, and reliable basis. Our issues of
paper seem to have been regulated by no principle, and the consequence
has been an overissue, far beyond the actual wants and necessities of
the country even in a time of -war. Excessive issues have caused dis¬
trust with the people as to their ultimate redemption, and hence the
great depreciation of our currency, and the enormous prices now de¬
manded for articles of prime necessity. Confidence must be restored,
and it can be restored if a moderate degree of wisdom and good sense
shall control the action of congress at the present session.
What then is necessary to be done ? We must in the first place as-,
certain what amount of currency is necessary to conduct the operations
of the people and the government in a revolutionary period like this.
When this amount is ascertained, we must retire the excess, stop further
issues, and then adopt a wise and just system of taxation, combined '
with such loans as will throw a part of the burden upon posterity, for
whose benefit this contest is waged as well as for our own ; and let this
system be adequate to supply all the wants of the government prudent¬
ly and economically administered. The redundancy of,the currency,
therefore, is the evil of the times ; but we have the wisdom, ability and
legislative experience, which can relieve us from the embarrassments
that now unhappily surround us.
The disposition of this subject peculiarly belongs to the confederate
authorities and to congress, and its solution rests exclusively with them.
These, in common with the people, are now fully impressed with the im¬
portance of the subject, and we may expect that early attention will be
given to it. I feel persuaded* that their efforts to relieve the country
will be crowned with success. The evil is not incurable; and if the
proper authorities will give to it their individual attention, essential if not
complete relief can be secured for the country.
It is your province to urge this subject upon the attention of your
senators and representatives in congress ; and by instructingmtl^e .former
and requesting the latter to take early action, much good may 'be ac¬
complished. A fair comparison of views, enlightened consultation and
discussion, and a fixed puroose and determination to effect reformation
in the currency, cannot fail of success. Harmonious action between the
state and confederate authorities can give to us the relief which we all
so much desire, and which is so indispensably necessary to our success
in this struggle, so essential to our future peace, prosperity and happi¬
ness.
20
JOURNAL OF THE SENATE OF VIRGINIA.
The Ordnance Department.
I have the honor herewith to present the annual report of the opera¬
tions of this department. Energy, industry and system have marked its
operations for the past year, and I am satisfied the results will command
your approval. After the death of the lamented Dimmock, the opera¬
tions of the department were devolved upon Captain L. V. Buckholtz,
the senior officer, who has discharged his duties efficiently and to my en¬
tire satisfaction. The report shows what have been the issues during
tljie year; the arms on hand; and other information that cannot fail to
interest you.
After the most careful enquiry into his qualifications, I have selected
Col. Jacob S. Shriver, and I am satisfied that his intelligence, education
and attainments will make him a worthy successor of General Dimmock.
He was mainly educated at West Point, and since he left that institution
his business experience has been large and successful.
This department has been of immense value from the beginning of
this war to the present time. It can render valuable aid hereafter, and
we shall have need for all the aid of this kind we can command. I trust,
therefore, it will be the pleasure of the general assembly to continue it
in existence. Indeed, I do not see how it can be dispensed with with¬
out prejudice to the public interest.
In this connection, I take occasion to call your attention to the ne¬
cessity for an appropriation of twenty thousand dollars to provide sheds
for the protection of our artillery, the carriages and caissons, all of
which are now exposed to the weather. We have quite a number of
each on hand, and others are being sent in, as their places are being sup¬
plied by captures from the enemy. It is needless for me to urge this
subject upon your attention, as your own observation and experience
will satisfy you that property of this description soon goes to destruc¬
tion unless it is sheltered from exposure. The appropriation asked for
is small when compared with the value of the property which it is de¬
signed to'protect. If the sum asked for should be greater than the sum
required, only so mueh will be expended as will be necessary to secure
the object.
Quartermaster and Commissary Departments.
These departments have long been in the charge of Col. L. R. Smoot,
one of the most intelligent, efficient, faithful and accomplished officers
that any government has ever had in its service. He entered the ser¬
vice of Virginia at the commencement of the war, and has always shown
the utmost devotion to her interests. He has discharged all his duties
with scrupulous fidelity, indefatigable industry, and unsurpassed ability.
If a military organization is to be kept up, for the purposes of local de¬
fence and the execution of the laws, these departments must also be
kept up, and I know of no man who will discharge the duties more to
the public satisfaction and with greater regard to economy. In my judg¬
ment both departments are necessary, and I do not think a better or¬
ganization for the dispatch of the business could be made.
JOURNAL OF THE SENATE OF VIRGINIA.
21
I call your attention to the accompanying report from this depart¬
ment.
Paymaster General.
At the last session this office was abolished, and its duties transferred
to the first auditor. With all proper respect for the action of the gen¬
eral assembly, I must be pardoned for saying that I regard this as un¬
fortunate legislation, that cannot, either on the score of economy or
otherwise, 'result in advantage to the commonwealth. If the legislature
will make the examination, I am satisfied it will be found that the head
of this department has saved the state, by his vigilance and knowledge
of the law and military usages, thousands of dollars. I believe that his
services to tlte state would be of immense value, and I trust they will be
retained" until our military claims are all adjusted.
This action, as I understand, was prompted by economical considera¬
tions. Such .considerations should always be respected by our legisla¬
tive bodies and our public officers charged with the administration of
governmental affairs. But is it so-in this case ? I apprehend not, in¬
asmuch as the convention instructed me to invite officers to leave the
service of the federal government, and I was directed to assure them
that if they came into our service they should receive equal rank, and
the pay which attached to it. Under this invitation, Col. Hill, who is
at the head of this department, came to us, .and no man certainly ever
was more faithful to us and our cause. I trust the day is far distant
wlien such an obligation, voluntarily assumed by Virginia, will be re¬
pudiated by her legislature. The people and the government which will
not respect their own promises, but will violate them if interest or con¬
venience requires it, must expect to be visited with th-e penalty which
attaches to the sin of unfaithfulness. Faith must be kept by individuals
as well as governments, if they would hope to prosper or command re¬
spect. As I was the instrument used to communicate this proffer on the
part of the convention, it is natural that I should feel desirous that pro¬
mises made by me, in the name of a commonwealth that has ever been
true to her integrity, should not be violated, and the pledges thus made
should not be falsified. #
When we made the transfer of our officers and our army, our muni¬
tions and supplies to the Confederacy, I supposed th'at all would at" once
go into that service. It has resulted otherwise, and Colonel Hill and
some other four officers have not bgen received. This fact does not re¬
lieve us from the obligation which has been incurred by the state to
those officers, and we must expect to fulfill it, whether we furnish them
employment or not.
The doctrine asserted in this legislation uproots the theory and prac¬
tice of our system of government. Ours is a system of checks and
balances, where one officer or one department shall be a check upon the
action of another, and accountability and responsibility thus secured.
A receiving officer, if a disbursing officer, should not be the officer to
settle his own accounts. The duty of settlement should be committed
to some other department. I hay.e no reason td suppose that in this par-
22
JOURNAL OR THE SENATE OP VIRGINIA.
ticular case the state will suffer detriment, but I believe the principal
wrong, and I war against it, and earnestly hope it may not become gen¬
eral.
I have no personal end to subserve in this case; but such being my
opinion, I have deemed it proper thus respectfully to express it.
To the accompanying report from this department I respectfully call
the attention of the general assembly.
Adjutant Generals Report.
The report of this experienced and valuable public officer, who has
served the commonwealth so long and so faithfully, is herewith present¬
ed. Like everything that comes from his pen, it is concise, forcible and
to the purpose. The report, though brief, is filled with valuable sug¬
gestions, that I commend to your favorable consideration.
General Richardson has been intimately connected with the adminis¬
tration of the affairs of the state, in important positions of high honor,
for a long series of years. In every position he has been faithful, in¬
dustrious and efficient, and in all has rendered valuable services. As
the adjutant general of Virginia, at a time of great interest and import¬
ance in her history, he has exhibited ability, industry and independence,
and has performed his arduous duties with a fidelity never surpassed.
Now that my administration is drawing to a close, and desiring to mani¬
fest my appreciation of him as a man and as an officer, I have conferred
upon him the brevet rank of major general, the only testimonial it is in
my, power to give.
The Penitentiary.
I herewith communicate the annual reports of the directors and super¬
intendent of the penitentiary for the year ending September 30th, 1863.
The report of the superintendent presents a clear and intelligent expo¬
sition of the condition of the institution, as regards the number of
prisoners and their health, the manufacturing operations for the year,
and the state of the finances. He suggests several important reforms,
which, if made by the general assembly, could not fail to be productive
of beneficial results.
Shortly after I entered upon the discharge of my executive duties, I
endeavored to inform myself fully as to the management of the insti¬
tution, and became satisfied that great reforms were necessary to render
it self-supporting. In previous communications I have from time to
time presented such recommendations as I thought, if adopted, would
improve the system and management and relieve the state from the ex¬
pensive burden it has hitherto borne. To those communications I refer,
as their repetition here would extend this message to an unreasonable
length.
Several of the convict negroes hired to J. R. Anderson & Co. have
absconded within the last year, and are supposed to have made their
escape into the enemy's lines, as they have not since been heard of. In
a .time of war these convicts, hired at furnaces near the lines of the
JOURNAL OE THE SENATE OF VIRGINIA.
23
contending parties, are hard to restrain and keep in proper subjection,
and are therefore much more likely to effect their escape. In this case
I have no doubt that the hirers ha,ve been diligent and watchful, and
have used proper precaution to prevent escapes, and are not justly cen¬
surable. Thus a necessity is shown for a change of our policy in re¬
gard to them. The loss of a very small number is a serious matter to
the state.
I renew my recommendation, therefore, made at the lait session, to
make sale of them. This, in my judgment, would be the wisest dispo-*
sition that could be made of them. The number is increasing so rapidly
that it will soon become a difficult question to manage, and hence the
propriety and wisdom of meeting and disposing of it at once. Delay
will not make it more susceptible of solution, but will tend to aggravate
the difficulty.
In this connection, I again call your attention to the condition of the
four negro children who are in the penitentiary, and recommend that
they be sold. They are there through no fault or misconduct of their
own—they have committed no crime, and humanity requires that some
disposition be made of them that will remove them from the institution.
The eldest is five years of age, and the others are younger.
There are also several lunatics in the penitentiary, some of whom
have been long in confinement. It is neither probable nor possible that
their mental condition can be improved so long as they remain in this
place of confinement. No jnatter what may have been their crimes, the
simple fact that their reason has been dethroned, and. they are no longer
responsible moral agents, should appeal in the strongest terms to all the
better feelings of our nature to provide relief for tlmm. They ought to
be placed where they can receive proper attention and medical treat¬
ment, so as to give them a chance at least for restoration from mental
darkness to the light of reason.
In concluding this branch of my message, I recommend the adoption
of the superintendent's recommendation as to an increase of compensa¬
tion to the subordinate officers of the institution. The pay is. inadequate
to their support, and it is impossible therefore to retain our best officers
without an increase of pay. Great difficulty has alreadymbeen ex¬
perienced, and I earnestly but respectfully appeal to your sense of jus¬
tice for the relief of those parties. "The laborer is worthy of his hire,"
and unless a fair hire is paid, inefficient agents may be expected.
Impressment of Slaves to work on the Fortifications.
1 regret to state that the authorities of some of the counties manifest
a disposition to disregard the requisitions made upon them for labor for
this important object. The city of Richmond having failed to comply,
the fact was reported to you at the last session, but no action was taken
by you in regard to it. Col. William H. Stevens of the confederate
engineer department, reports the failure of the authorities of the county
of Pittsylvania. His communication and the accompanying papers are
herewith transmitted for your information. Some other counties have
not yet complied, and whether they intend to do so, I am not advised.
24
JOURNAL OF THE SENATE OF VIRGINIA.
On the 26th day of last month another call for five thousand more
slaves was addressed to me by the president. This call and the papers
accompanying it are submitted for your examination.
The people generally complain that the provision of the law, which
requires the confederate government to pay the value of such slaves as
may die, or not be returned to their owners, has not been complied with,
and they therefore have no guarantee that slaves now sent, if lost, will
be paid for. The reason assigned to me for non-payment has been that
•congress had made no appropriation for this object, and that payment
could not be made until a bill appropriating the amount necessary had
become a law. Within the last few days I have been informed that it is
the opinion of the war department that all such claims must be heard
before the court of claims, when that court shall be organized, and that
no payment can be made without a favorable judgment pronounced by
such tribunal. Such a construction seems to me to be at war not only
with the spirit but also with the letter of the law requiring the execu¬
tive to comply with the president's requisition.
If this be the gonstruction which is to be placed on this law, it is not
wonderful that dissatisfaction and indisposition to comply with the re¬
quisitions should be the consequence. A slave lost in this service a year
ago could not now be replaced at less than double the value fixed at that
day; and if the demand of his owner is postponed until a court of claims
shall be organized, it is equivalent to nearly a total loss. It is in my
judgment the duty of our. senators and representatives in congress to see
that an appropriation for this purpose is made without delay. The peo¬
ple expect it, and their reasonable expectation should not be disappoint¬
ed in this respect.
It is of the first importance that these fortifications should be con¬
structed at the earliest practicable moment. We know not when they
may be required for our protection and the preservation of our troops
in the event of disaster. We must have harmonious and united action,
and something must be done to secure it. Much depends on it, and the
sooner the subject is satisfactorily arranged the better for the country.
If a proper spirit animates both sides—and I am satisfied it exists—har¬
mony will be the result. The government needs the labor on these
works,' and the people generally have manifested a readiness to furnish
it, even at great inconvenience to themselves. If this difficulty were
arranged, as I believe it can be, the wants of the government would be
supplied.
Compensation of officers, Legislative, Executive and Judicial.
With the depreciation now existing in our currency, it is apparent
even to the casual observer that the compensation now paid to those en¬
gaged in the performance of public duties is grossly inadequate. It was
nothing more than a support in peace times—it is greatly less now. This
is owing to our peculiar condition, growing out of the war—a condition
for which they cannot be held responsible. While the currency has de¬
preciated, the demand. for all the necessaries of life occasioned by the
war, and their consequent scarcity, has greatly increased the prices of
JOURNAL 'OP THE SENATE OP VIRGINIA.
25
all we are compelled to consume. Clothing, furniture, bread, meat—in¬
deed every article necessary for a family would, from the causes stated,
have increased somewhat in price, even if the currency had not depre¬
ciated.
When the constitution of Virginia was formed, and when it was
adopted by the people, what was the fixed standard of value ? Admit¬
tedly, gold and silver. When that constitution fixed certain salaries, in
what measures of value did it intend to pay them ? Clearly, in gold and
silver, or paper easily convertible into gold and silver, dollar for dollar.
Su$h was the obligation. What now is the condition of affairs ? The
government now says, we cannot now pay you according to the terms of
the contract, but we will pay you in such money as we have—not as
valuable as we promised, but the best we can do. Is there anything un¬
constitutional or wrong in commuting the value of that which is prom¬
ised to pay, into the value of that which it has to pay with ? It seems
to me not.
But it is said this is an increase of pay, and this is prohibited by the
constitution. If increase and commutation were convertible terms,
meaning the same thing, then there would be force in this view of tho
question. They are words of different import and signification. I have
no hesitation therefore in saying'that it is just now to do what our an¬
cestors did in the revolution, and in my judgment it is not in controven-
tion of the constitution.
Finances.
I submit herewith, the report of the auditor of public accounts;
which present^ a full statement in detail of the financial condition of
the treasury for the last fiscal year.
By this statement the general assembly will perceive that the satis¬
factory account of our fiscal affairs presented in my last general mes¬
sage was not overdrawn, and that we have now every reason to be grati¬
fied. With a large portion of the state so overrun by the enemy that
the usurped government therein established cannot be at present restor¬
ed to its proper control, and notwithstanding the fact that no portion of
the public revenue has been or can be derived during the war from that
source, we have yet been enabled, by the taxes levied on the loyal por¬
tion, to meet all the wants of the government promptly, and to have a
surplus in the treasury. Our people have responded to the calls of the
state for men and for money without a murmur, and have exhibited a
spirit not to be shaken by reverses or to be made incautious by success,
and will be found ready at all times to bear the necessary burdens to
secure their independence.
The entire funded debt of the state on the 1st of October 1863, was
$35,145,798 38. For the payment of the interest and the final re¬
demption of the principal of this debt, the constitution of the state has
provided a sinking fund, which must extinguish the whole in thirty-four
years from its creation; and this fund has been realizing the anticipa¬
tions of its founders, and will accomplish the end in less time. The
temporary debt created for the purposes of the war, and for which trea^
26
JOURNAL OF THE SENATE OF VIRGINIA.
sury notes have been issued, amounts to the sum of $4,938,112. For
the payment of this amount ample provision has been made, so that
whenever the notes shall be called in they will be promptly redeemed.
The amount received into the treasury from all sources
during the fiscal year has been - - $16,374,995 51
Which, with the sum on hand at the end of the pre¬
vious fiscal year, - 434,778 96
Makes 16,899,774 47
And the expenditures for the same period have been 15,434,770 25
Leaving a balance in the treasury on the 1st of
October 1863, of - - - $1,375,004 22
Which, with a few warrants issued in the year and not collected, as
is explained in the auditor's report, will make the actual balance
$1,377,868 95.
The auditor's estimate of the probable receipts into the treasury for
the fiscal year ending 30th September 1864, with the balance on hand
at the commencement of the year, is $10,666,532 67 ; and his estimate'
for the probable charges upon the treasury for the same year is
$12,910,783 79 ; which for the present fiscal year will leave a balance
against the treasury, of $2,244,251 12.
This result, however, is produced by throwing into the-present year
all the outstanding charges, many of which it is believed cannot be de¬
manded in that time, and are not liable to payment under existing laws.
Of this class of debts is the suspended interest upon the bonds of the
state held by the government of the United States, by northern state
governments, and by people in the northern states; which has been pro¬
perly suspended by ordinance of the.convention, and ought not to be
paid during the war; but being a liability upon the treasury, is charged
upon the finances of the present year, and aids in swelling the apparent
deficiency.
On the other hand, the estimates of the same officer for the year 1865
exhibit these results:
The probable receipts of the treasury for the year ending 30th of
September 1865, from all sources, will be $9,274,6*00 64; which, after
deducting the sum of $2,244,251 12, and thus making good the defi¬
ciency of the year 1864, will leave an aggregate of $7,030,847 52.
His estimate of disbursements for the same period amounts to
$3,781,709 42; which will leave a balance in the treasury on the 30th
of September 1865, of $3,248,640 10.
From these statements the general assembly will see that we will be
provided with ample resources for all the purposes of government for
the next two years, and leave the state treasury in a flourishing condi¬
tion. If the state and confederate governments can therefore devise
some system for improving the general currency of the country, reducing
its volume, and providing at the same time for prosecuting the war with
vigor, a happy issue must be the result.
JOURNAL OF THE SENATE OF VIRGINIA.
27
Our unpaid Interest abroad.
In my last regular communication to you, I embraced the occasion to
refer to this condition of the finances of the state, and accompanied the
reference with some suggestions as to the best mode of extinguishing
our indebtedness. This portion of the message has been made the sub¬
ject of comment in England, and imputations have been cast upon Vir¬
ginia impugning her character for honor and integrity. The only speci¬
fication is that her interest for July 18G2 and for January and July
1863 remains unpaid. This is seized upon as a pretext for a violent
and ill-natured assault upon her and the institution of slavery, by a
leading British statesman. This speech is made the pretext for an edi¬
torial assault by the London Times, which is in much the same vein.
These gentlemen ought to know (if indeed they do not know) that
under the most serious embarrassments the state paid two installments
of interest since this war has been in progress; and assurances have
doubtless been given to our creditors through Mr. Mason, our late min¬
ister, that if at any time we failed to pay promptly, it would be not for
the want of means or the will to pay, but from the impossibility to make
remittances. Virginia is in no wise responsible for the existing condi¬
tion of affairs. She did not inaugurate this war. It was forced upon her
by Lincoln and his adherents on both sides the water, and they put it
out of her power to fulfill her obligations.
The commissioners of our sinking fund, as their annual report will
show, (and to it I invite your attention,) applied to the British consul
at this city to get him to attend to the matter as the agent of the state;
which Mr. Cridland was willing to do, provided it met the approbation
of the British minister at Washington. Lord Lyons, however, as the
commissioners were informed, disapproved of this course, upon the
ground that it was a violation of the neutrality assumed by the English
government; and therefore the agent of that government declined-to
enter into any arrangement by which money due to* the people of Great
Britain might be paid. Application was then made to the Austrian
consul located here, and he was willing to undertake it, but it was under¬
stood that the Austrian minister at Washington, following the example
set by Lord Lyons, also disapproved it, and this plan was defeated.
These facts were doubtless communicated by Lord Lyons to his govern¬
ment.
There is another significant fact in this connection, that must not be
omitted, which shows the settled purpose of the English government to
prevent the Confederate States from paying their interest to British
bondholders. When Mr. Magee, the consul at Mobile, agreed to accept
just such an agency as we had'proposed, for the payment of the interest
due by the state of Alabama, he was most effectually rebuked by his^wn
government and was dismissed from his position. Thus Alabama fai*ed
as we had done, for our movement was many months in advance of the
movement made by her authorities.
I have thus presented the facts of the case; and wherever they are
known and understood, they cajmot fail to convince all fair and candid
28
JOURNAL OF THE SENATE OF VIRGINIA.
minds, and satisfy them that Virginia has been unremitting perse¬
vering in her efforts to meet her engagements promptly and fully wi
her English creditors, and was defeated in doing so by the action ot t e
British minister at Washington. In this matter Virginia has nothing
with which to reproach herself. She has done everything within the
range of possibility. Circumstances which she could not control, and
for which she was not answerable, defeated her in the performance of an
honest act, which she had much at heart. Her honor is untarnished.
The tooth of slander hurtless breaks upon the adamant of her reputa¬
tion."
Death of John Seddon, Esq.
Death comes alike to all. The divine decree is that man shall die.
■^'Passing away" is written upon the world and all the world contains.
The angel of death intrudes himself into the palace and the hovel, and
his scythe cuts down alike the exalted and the humble. In this day of
trial and suffering, how many of our best men are being taken from us!
How sad it is to see those in whom the people reposed confidence, and
who had been selected by them for high official positions, taken from us
at a time when their experience, counsel and talents were so greatly
needed. It is in obedience to the decree of that great ruler, who orders
all things wisely, and to his will man must bow in humble submission.
Mr. Seddon was a gentleman of fine talents and irreproachable charac¬
ter. • He had served the people faithfully and ably in both branches of
the general assembly. He watched over their interests, and guarded
their rights with ability and untiring zeal. He was a true man in all
the relations of life:—a devoted husband and father, a kind and indul¬
gent master, a generous and accommodating neighbor, and a sincere
and ardent friend. When the war broke out he entered the service, and
thus manifested the sincerity of his professions by his acts. Ill health
.compelled him to resign his commission and retire from service. The
country has lost a valued citizen—the senate has lost a talented, indus¬
trious and independent member, and the commonwealth one of her
truest^and most reliable sons. This imperfect tribute to his memory is
demanded no less by the obligations" of personal friendship than official
duty.
Conclusion.
My administration is rapidly approaching a conclusion, and my
management of the affairs of state is now before the people for their
judgment. With the consciousness that I have endeavored to perform
"my duty faithfully and uprightly^-that I have acted with that inde¬
pendence which became the executive of our honored commonwealth
that I have struggled to preserve and maintain her rights, and. have
faithfully watched over her interests and institutions, and endeavored to
protect them, I do not fear the popular verdict. The public servant
who follows the lead of his judgment, and regulates his conduct by his
.convictions of what is right, is in no danger of condemnation from the
JOURNAL OF THE SENATE 'OF VlB^INIA.
29
people. The great mass of the people are honest, and they have no
wish to be deceived, and no reason to deceive themselves, gither in re¬
gard to their social, their political or their material interests. False¬
hood and misrepresentation, slander and abuse may for a time mislead
them, but sooner or later they will correct the error and do justice to
the officer.
In separating from those with whom I have been identified for the
last four years in the administration of the government, I desir$ to bear
my testimony to their zeal, industry, fidelity and ability in the dis¬
charge of their arduous duties. I have received from them uniform
courtesy and kindness and cordial, co-operation. The several depart¬
ments are managed with the greatest order and system, and business is
dispatchedin each with promptness andjaoliteness. No state ever had more
reason to be satisfied with her chief and subordinate departmental of¬
ficers. In after time I will look on my association with them with in¬
finite satisfaction and pleasure.
Disasters fall to the lot of individuals as well as to nations. Uniform
success never attends either. There are days of adversity a? well as of
prosperity. There are hours of gloom and despondency as ^ell as of
joy and hope. When we survey the field .since this war began, we find
much to stimulate and encourage us, and much to inspire bright hopes for
the future. We have recently had disasters, but they should rather
arouse and excite than depress us. They only show that we should ex¬
hibit more energy, vigilance, courage and determination than we have
heretofore manifested iri our glorious cause. We have the will, the
spirit, the endurance and the purpose to achieve success, and we can
triumph if we are united and bold, energetic and determined. Have
we not a Lee, a Beauregard and a Johnston—a Longstreet, a Hardee
and a Ewell—an Early, a Breckenridge and a Rodes—a Stuart, a Wheel¬
er and a Fitz Lee—with a host of others not less meritorious and deser¬
ving. With such a galaxy of officers of experience and ability, and
with an army composed of materials equal to any that ever went into
the field, why should we not be successful? We have indeed lost a Jack¬
son and other noble and gallant spirits, whose deaths have caused pro¬
found sorrow jnd grief throughout the land. While we mourn over the
dead, let us not forget that they^ell in a righteous cause, and their -
deaths should only stimulate us to greater exertions, and nerve us to in¬
creased efforts. •
Look at the picture on all sides, and it presents hopeful and encour¬
aging features. If we are only true to ourselves, to the cause and to
the country, we cannot be overthrown. Is there a man who doubts the
result of the struggle ? If there be such an one, he is a traitor at heart,
who deserves to be anathematized and cast out from among us.
No state has been more loyal, more faithful more devoted. None has
contributed more liberally in means and men—none has bared her breast
more boldly or defiantly to th,e-storm—ffnd none has sent her "reapers
to the harvest of death" with more self-sacrificing devotion than the
commonwealth of Virginia. She enlisted for the war after full consid¬
eration, and with a just appreciation of all the consequences that were
to follow the separation, and she will be true to the end. She will never
30
jourlax of the senate of virginia.
sue for peace, because she did not bring on this war. She will never
propose compromise, because she struggles only for her rights, her lib¬
erty and her independence. She will, as becomes the mother of states,
stand, up boldly, and hurl scorn and defiance in the face of her foes,
until they come to' her terms. She will never consent to a treaty of
peace which dismembers her own territory, nor will she consent to a
treaty which does not recognize fully the Confederacy. She knows what
is due tcv her own dignity and character, and she knows what is due to the
Confederacy, and her' duty will be performed with scrupulous fidelity.
Kneeling around the altar of the country, her sons will swear allegiance
to her, and fidelity to the confederate government, and their prayers will
ascend to heaven for blessings on Virginia and the Southern Confeder-
acy.
Thanks to the Ruler of the Universe for his blessings conferred upon
us with such liberality—for the successes which have attended our arms,
for the unity and harmony of our people—and for the spirit and cour¬
age with which he has nerved them for this contest.
Respectfully,
JOHN LETCHER.
ft
A motion was made by Mr. Alderson to lay the message on the table
and that the same be printed, and that three hundred additional copies *
be printed for the u e of the senate.
Mr. Marshall moved to amend' the same by striking out the words
'ftliree hundred" and inserting the words " one thousand", which was
accepted by Mr. Alderson ; and the question on agreeing to said motion
being put, resulted—ayes 13 ; noes 10—no quorum voting. Thereupon,
On motion of Mr. Dickinson, the senate adjourned until to-morrow,
twelve o'clock. '
WEDNESDAY, December 9, 1863.
Prayer by Rev. Dr. MinnegerodeAfc
The clerk proceeded to^read the journal of yesterday—when, -
On motion of Mr. Newman «pf Mason, the further reading of the
journal was dispensed with for the remainder of the sic>icn.
The president laid before the senate a communication from the audi¬
tor of public accounts in response to a resolution of the senate adopted
on the 31st October 1863, calling on him for a statement of the amount
of revenue assessed under the llt.h seciion of the art imposing taxes
for the support of government, passed 2tfth March 1863, on all profits
from trade, use of money, buying or selling real estate, &c. ; which on
motion of Mr. Christian of Augusta, was laid on the table, and with the
accompanying document ordered to be piiuted. (Doc. No. 2.)
On motion of Mr. Ball,
Resolved, That the rides of the senate at its last session, be adopted
for the government of this body.
JOURNAL OF THE SENATE OF VIRGINIA.
31
They are as follow:
1. No member shall absent himself from the service of the senate,
unless he be sick and unable to attend.
2. When any member is about to speak in debate, or deliver any
matter to the senate, he shall rise from his seat, and without advancing,
shall, with due respect, address "Mr. President," confining himself
strictly to the point in debate, and avoiding all indecent and disrespect¬
ful language.
3. No member shall speak more than twice on the same subject,
without leave of the senate ; nor more than once, until every member
choosing to speak, shall have spoken.
4. A question being once determined, must stand as the-judgment of
the senate, and cannot, during the same session, he drawn again into
debate. No motion to suspend the rule for the purpose of reconsidering
a bill which has been lost for want of a constitutional majority, shall be
entertained, unless* it be made by a senator voting with the minority :
provided, however, that when any question is decided in the negative
simply for the want of a majority of the whole senate, any senator,
who was absent from the city of Richmond, or detained from his seat
by sickness, at the time of the vote sought to be reconsidered, may
n^ove its reconsideration.
5. Yfhile the president is reporting or putting any question, none
shall entertain private discourse, read, stand up, walk into, out of, or
across the senate chamber.
6. No member shall vote on any question, in the event of which he
is immediately and personally interested.
7. Every mfember who shall be present when any question is put, or
vote taken, shall be counted on one side or the other.
8. A motion for the second reading, and a motion for comrpitting the
bill, may be submitted at the same time; but the questions upon these
motions shall be put separately, if required by any member.
9. Any member may call f'6r a division of the question, which shall
be divided if it comprehend propositions so distinct in substance that
one being taken away, a substantive proposition shall remain for the
decision of the senate; and a motion to strike out being lost, shall pre¬
clude neither amendment, nor a motion to insert, nor a motion to strike
out and insert. .
10. The clerk of the senate shall not suffer any records or papers to
be taken from the table or out of his custody by any person, except a
chairman of a committee; but he may deliver any bill or papers di¬
rected to be printed, to the printer of the senate, or to any member of
the senate, on taking his receipt for the same.
11. A majority of senators shall be necessary to proceed to business;,
five members may adjourn, and eleven may order a call of the senate,
send for absentees, and make any order for their censure or discharge.
On a call of the senate, the d,oors shall not be closed against any mem¬
ber, until his name shall have been once enrolled.
12. When the senate adjourns each day, every member shall keep
his seat until the president leaves the chair.
13. The journal of the senate shall be daily drawn up by the clerk,
32
JOURNAL OF THE SENATE OF VIRGINIA.
and after being examined by the president, shall be read the succeeding
day it shall be printed under the supervision of the clerk, and delivered
to members without delay.
14. If any question be put upon a bill or resolution, the president
shall state the same, but not sway the senate with arguments.
15. No question shall be debated until it has been propounded by the
chair, and then the mover shall have the right to explain his views, in
preference to any other member.
It). When the president is putting a question, any member who has
not spoken before to the matter, may spe&k to the question before the
negative is put.
17. Every question shall be first put in the ahSrmative and then in
the negative; each member shall vote on every question, and the presi¬
dent shall declare whether the yeas or nays have it; which declaration
shall stand as the^ judgment of the senate, unless a member call for a
division, in which event the president shall divide tne senate.
18. During any debate, any senator, though he has spoken to the
matter, may rise.and speak to the orders of the senate if they be trans¬
gressed, in case the president do not; b<ut if the president stand up at
any time, he is first to be heard, and while he is up, members must keep
their seats. t
19. When a bill or resolution of the house of delegates is passed or
rejected by the senate, it shall remain under the control of the senate
for the space of two days, and the fact of the passage or rejection, with
the bill or resolution, shall then be communicated to the house of dele¬
gates.
20. All bills or other business originating in the senate, shall be de¬
spatched in the order in which they are introduced ; and all bills and
resolutions sent fr.om the house of delegates, shall be despatched in the
order in which they are sent, unless in either case the senate direct
otherwise.
21. All bills originating in the senatgj shall be read on three several
days; and, in case they be of a general nature, they shall be printed
after their first reading. ,
22. Bills and resolutions originating in the house of delegates, and
not requiring immediate action, shall be read the first and second times,
when received, and be referred to their appropriate committees, unless
the senate direct otherwise.
23. A bill presented by a member, by leave of the senate, may be
committed before its first reading. But no bill reported from a commit¬
tee of the senate shall be recommitted or amended unless it has been
twice read, nor shall any bill be amended after its third reading, except
by the unanimous consent Of the senate.
24. Joint resolutions shall lie on the table one day at least after they
are introduced.
25. The yeas and nays on any question, shall, at the desire of five
members, be entered on the journal, and any member may enter a pro¬
test on the journal, upon the determination of any question. After
the yeas and nays shall have been taken, and before they are counted
or entered on the journal, the clerk shall read over the names of those
JOURNAL OP THE SENATE OP VIRGINIA.
33
■who voted in the affirmative,, and of those who voted in the negative, at
which time any member shall have the right to correct any mistake
committed in enrolling his name.
26. Upon a call for the previous question, no member shall speak
more than five minutes. Unless such call be seconded by seven mem¬
bers, indicated by rising, the president shall put no question ; but if so
sustained, a question shall immediately be put to this effect: " Shall
the main question be now put?" If, on this question, a majority of the
senate vote in the negative, the pending question shall $e open for de¬
bate or amendment; but if a majority of the senate vote in the affirm¬
ative, the president shall thereupon put the pending question ; and all
incidental questions of order, arising after a motion for the previous
question is made, and pending such motion, shall be decided, whether
on appeal or otherwise, without debate.
27. When a question i^ pending, no motion shall bb received but to
adjourn, for the previous question, to lie on the table, to postpone inde¬
finitely, to adjourn the question to a different day, to commit or amend?
which several motions shall have precedence In the order in which they
,are arranged.
28. If words be spoken in debate that give offence, exceptions thereto
shall be taken the same day, and be stated in writing ; and in such case,
if the words be decided by the president, or by the senate, upon an ap¬
peal, to be offensive, and they be not explained or retracted by the mem¬
ber who uttered them, he shall be subject to sudh action as the senate
shall deem necessary.
29. At the commencement of each Session the following committees
shall be appointed:
I. A committee of privileges and elections, to consist of not less than
three nor more than five members.
"II. A committee for courts of justice, to consist of not less than five
nor more than nine members.
III. A committee on general laws, to consist of not less than five nor
more than seven members. * „
IY. A committee on roads and internal navigation,* to consist of not
less than five nor more than nine members. •
Y. A committee on finance, to consist of not less than seven nor
more than nine members.
VI. A committee on banks, to consist of not less than five nor more
tfian seven members. ,
YII. A committee on military affairs, wto consist of not less than
seven nor more than twelve members. •
VIII. A committee on confederate relations, to consist of not less than
five nor more than nine members.'^'
IX. A committee on the public institutions of the state, to consist
of not less than five nor more than nine members.
X. A committee on-enrolled bills, to consist of noteless than five nor
more than fourteen members.
XI. A committee to examine the clerk's office, to consist of three
members.
5
34
JOURNAL OP THE SENATE OP VIRGINIA.
XII. Joint committees, each to consist of not less than three nor
more than five members, viz :
On executive expenditures;
On the library;
To examine the office of the auditor of public accounts;
To examine the second auditor's office;
Tq examine the register's office;
To examine the treasurer's office;
To examin*the bonds of, public officers;
On the public printing.
30. The'standing committees shall be appointed by the president, un¬
less the senate direct otherwise, and each committee shall appoint its
own chairman.
31. The clerk of the senate shall appoint four clerks; one of whom
shall be clerk of the committee on roads and internal navigation; one
of the committees on general laws and of confederate relations; one of
the committees for courts- of justice and of finance; one of the com¬
mittee on public institutions, the committee of privileges ancj, elec¬
tions, and the committee on banks. The clerks so appointed shall
remain in the capitol during the sessions of the senate, and shall
perform any duties that the other standing committees may require,
when not employed by their respective committees; and the clerk of the
senate may also require saic^ clerks, when not employed by the standing
committees, to assist "in engrossing bills, or to aid him in the ^pnate
chamber when necessary. The said clerks shall be removable by the clerk
of the senate, or by the committee or committees of which they are clerks.
32. The several committees shall, in all cases, report whether other
cases, comprised within the principal of the matter referred, may arise;
and if a bill be ordered, it shall provide for all such cases; and upon
any matter referred, the committee shall have power to report by bill.
33. Select committees shall consist of not less than three nor more
than nine members, unless the senate direct otherwise.
34. The committee of privileges and elections shall examine the oaths
taken by each member, and the certificates of elections furnished by the
gheriff, and report thereon to the senate.
35. 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.
36. The committee on finance shall, at each session, examine into
the indebtedness of the commonwealth, the revenue and expenditures
of the two preceding years, and prepare an estimate of the expenses of
the two succeeding years, and make such report thereon as they may
deem proper.
37. The committee on general laws shall, at each session, examine
into the state and manner of administration of the literary fund, and
make such report thereon as they may deem proper.
38. To the committee on general laws shall be referred all resolutions
and bills concerning agriculture, manufactures, trade, commerce and
mechanic arts, private claims, propositions and grievances, and other
JOURNAL OF THE SENATE OF VIRGINIA.
85
matters of a general nature, not properly referable to any other stand¬
ing committee.
39. To the committee on public institutions shall be referred all bills
and resolutions concerning schools and colleges, the penitentiary, lunatic
asylums ancl the institution for the deaf and dumb and the blind. And
it shall be the duty of the said committee to examine, at each session,
into the condition of the penitentiary, and make such report thereon as
they may deem proper.
40. To the committee on confederate relations shell be referred all
bills and resolutions touching our relations with the confederate govern¬
ment. ^
41. To the committee on military affairs shall be referred ajl bills and
resolutions concerning the militia and the armory, and all subjects of a
military character. ' ,
42. When the yeas and nays are ordered, or a call of the senate is
directed,.the names of the members shall be called in alphabetical order.
43. The president may call any member to the chair, who shall exer¬
cise its functions for the time; but no member, by virtue of such ap¬
pointment, shall preside for a longer period than three days.
44. The order of business for each day, shall be to read the journal,
to dispose of communications from the house of delegates or the execu¬
tive, to receive reports from the standing committees—for which purpose
they shall be called over by the clerk ; to receive reports from select
committees ; to receive resolutions and petitions p to act upon the unfin¬
ished business of the preceding day ; and then to take up and act upon
the bills and resolutions in the order in which they have been reported
or introduced, unless the senate direct otherwise.
45. Before reading each bill, the clerk shall announce whether it is
the first, second or third time of reading the bill.
46. Any person contesting the election of a member returned to serve
in the senate, will be entitled to receive his wages only from the day on
which such person is declared duly elected.
47. No senator shall be taken into custody by the sergeant-at-arms,
on any complaint of breach of privilege, until the matter is examined
by the committee of privileges and elections, and reported to the senate,
unless by order of the senate.
48. No petition of a private nature, having been once rejected, shall
be acted on a second time, unless it be supported by new evidence; nor
shall any such petition, after r third disallowance, be again acted on.
The several clerks of committees shall keep alphabetical lists of all such
petitions, specifying the sessions at which they were presented, and the
determination of the senate thereon ; and shall deliver the original pe¬
titions to the clerk of the senate, to be preserved in his office.
49. No petition shall be received, claiming a sum of money, or pray¬
ing the settlement of unliquidated accounts, unless it be accompanied
with a certificate or disallowance from the executive or auditor, contain¬
ing the reason why it was rejected. But this order shall extend to no
person applying for a pension. »
50. When any petition or bill founded on one, is rejected, such peti¬
tion shall not be withdrawn ; but the petitioner, or member presenting
36 JOURNAL OF THE SENATE OF VIRGINIA.
his petition, or any member from the county or corporation in which the
petitioner resides, may, without leave, withdraw any document filed
therewith ; and a list of all documents so withdrawn, shall be preserved
by the clerk. All petitions hot finally acted on, may, witl\ the accom¬
panying documents, be in like manner withdrawn, after the expiration
of the session at which they were presented.
51. No petition shall be read in the senate, 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 also endorse, on the back of his petition, his
own name, as a pledge that it is drawn in respectful language ; where¬
upon, it shall be delivered to the clerk, by whom it shall be laid before
the proper committee.
52. The committee to examine the clerk's office, shall see that all
papers belonging thereto are properly filed, labeled, and put away in the
presses, and that the books belonging to the office are chronologically
arranged, and Shall make an annual report thereof to the senate.
53. The clerks of the senate and house of delegates may interchange
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 im¬
mediately after the orders of the day.
54. It shall be the duty of the doorkeeper of the senate to preserve
in chronological or numerical order, a copy of every printed document
distributed in the senate, and to deliver the same at the close of the
session, to the clerk of the senate, whose duty it shall be to have them
hound and preserved in his office, for the use of this body.
55. No bill shall he taken up for consideration out of its place on the
■calendar, unless two-thirds of those voting shall concur in such proposi¬
tion.
56. The clerk of the senate shall appoint an assistant to aid him in
the discharge of his official duties. The said assistant shall also act as
clerk to the committee on military affairs, and shall be allowed the same
compensation provided*for the assistant clerk of the house of delegates.
57. Whenever the, senate proceeds to consider any nominations of the
governor which are subject to the ratification of the senate, the same
shall be considered in executive session with closed doors, and the pro¬
ceedings therein shall be secret, unless the injunction of secrecy is re¬
moved by a vote .of the senate.
58. At the commencement of'each session the president shall appoint
two pages, who shall receive for their services three dollars per day, each.
59. In order to prevent interruption of the business of the senate,
the doorkeeper shall be constantly at his post during the sessions of the
senate, and shall admit within the chamber no person, except officers of
the government of this and any other state, ahd. of the Confederate
:States i members and ex-members of congres^T*and house of delegates;
their officers; ex-members of the senate of Virginia % ministers of the
gospel, and reporters of proceedings of the senate. But ladies and their
.escorts may be assigned privileged seats. It shall be his duty when
.any person desires an interview with a memberj or the president or the
JOURNAL OF THE SENATE OF VIRGINIA.
clerk of the senate, to send a message to him, and such person may he
admitted to one of the privileged seats, if so invited by either of them.
And the president of the senate shall, moreover, be permitted to invite
to a seat nqp,r the chair, any person he may deem worthy of such dis- J
tinction. y
A message was received from the house of delegates by Mr. Jones,
who informed the senate that that house had organized and was prepar¬
ed to proceed to business.
The president announced the following committees under the rules:
Committee of privileges and elections—Messrs. Newlon, Spitler,
Witten and Shriver.
Committee for courts of justice—Messrs. Coghill, Neeson, Day,
Christian of Middlesex, Ball, Frazier, Nash, Collier and Guy.
Committee on general laws—Messrs. Logan, Alderson, Garnett,
Hart, Wiley, Garrison and Jones.
Committee on roads and internal navigation—Messrs. Johnson,
Christian of Augusta, Hart, Marshall, Witten, Bales, Grice, Saunders
and Stevenson.
Committee on finance—Messrs..Brannon, Dickinson, Bruce, Lynch,
Marshall, Frazier, Randolph, Coffman and Lawson.
Committee on banks—Messrs. Christian of Augusta, Newlon, Lynch,
Collier, Moore and Newman of Madison.
Committee on military affairs—Messrs. Douglas, Randolph, Carson,
Newman, Armstrongs Quesenberry, Spitler, Taylor of Norfolk city,
Dulaney, Taylor of Montgomery and Keen.
Committee on confederate relations—Messrs. Dickinson, Armstrong,
Neeson, Johnson, Randolph and Lewis.
Committee on public institutions—Messrs. Christian of Middlesex,
Branch, Hart, Christian of Augusta, Ball, Newman, Garnett and Dil-
lardf
Committee on enrolled bills—Messrs. Alderson, Spitler, Quesenber¬
ry, Dillard, Jones, Saunders and Shriver.
Committee to examine clerk's office—Messrs. Johnson, Lewis arf&
Collier.
Joint coihmittee on executive expenditures—Messrs. Day, Newlon
and Coffman.
Joint committee on the library—Messrs. Lewis and Jones.
Joint committee to examine the office of the auditor of public ac¬
counts—Messrs. Nash, Neeson and Ball. 1
Joint committee to examine the second auditor's office—Messrs.
Wiley, Carson and Guy.
Joint committee to examine the register's office—Messrs. Dulaney,
Dillard and Garrison.
Joint committee to examine the treasurer's office—Messrs. Spitler,
Branch and Stevenson.
Joint committee to examine the bonds of public officers—Messrs.
Newman, Grice and Taylor of Montgomery.
Joint committee on public printing—Messrs. Hart, Taylor of Nor¬
folk city and Moore.
The unfinished business of yesterday was taken up, and the question
38
JOURNAL OF THE SENA.TE OF VIRGINIA.
being on the motion to lay the governor's message on the table and
print the same, and to print one thousand extra copies thereof for the
use of the senate,
Mr. Alderson modified his motion so as to authorize the printing of
five hundred additional copies.
The question was then put on the said motion as modified, and deter¬
mined in the affirmative.
On motion of Mr. Carson,
Resolved, That tfie committee for courts of justice enquire into the
expediency of authorizing courts to admit deeds to record and wills to
probate upon proof of the handwriting of the attesting witnesses, when
they are in the army of the Confederate States, or in the lines or power
of the public enemy, and attendance cannot be enforced by summons.
On motion of Mr. Ball,
Resolved, That the committee on public institutions enquire into the
expediency of increasing the appropriation to the Virginia military in¬
stitute.
On motion of Mr. Christian of Augusta,
Resolved, That the committee on finance, enquire into the expediency
of authorizing the auditor of public accounts to tender to the judicial
officers of the state an equivalent in the current paper of the country,
during the existing war, in lieu of the payment in sjpecie of their an¬
nual salaries,
On motion of Mr. Douglas,
Resolved, That the committee on finance be and is hereby instructed
to report as speedily as may be, the bill of the extra session, or a simi¬
lar one, providing for a commutation of the pay of members of the ge¬
neral assembly.
Mr. Dickinson submitted the following preamble and resolutions:
Whereas, it has pleased Almighty God, on the 3d day of December
1863, to remove from among us our late colleague, John Seddon, of the^
county of Stafford, and it is the desire of the senate to testify its high
*PP reciation of the manly virtues and public services of the deceased:
1. Resolved, That in the death of Mr. Seddon, the country has lost
a brave and unselfish patriot, who spurning the ease and security of an
honorable civil position, sprang to arms at the first call of Virginia,
and cheerfully encountered all the dangers and hardships of three cam¬
paigns in defence of her soil and sovereignty against the common enemy
of the Confederacy.
2. That as a member of the house of delegates for several sessions,
and subsequently as state senator, Mr. Seddon was diligent and faithful
in the discharge of his representative duties, exhibiting at all times an
integrity of purpose, a boldness of action, and an intellectual power
that justly obtained for him the admiration and esteem of his colleagues
and the unvarying'support of his constituents.
3. Resolved, That apart from his character and excellencies as a pub¬
lic inan, his amiable disposition, his genial manners and gentle deport¬
ment in the council and the social circle, endeared him to us as a true
and faithful friend, an honorable opponent, and ever acceptable com¬
panion, whose loss we deeply deplore, and over whose untimely end we
JOURNAL OF THE SENATE OF VIRGINIA.
39
desire to mingle our sympathetic grief, with the more hitter sorrow of
his afflicted family.
4. Resolved, That we tender our heartfelt condolence to the bereaved
widow and sorrowing relatives of the deceased, and that in honor of his
memory, Ave Avill Avear the usual badge of mourning for thirty days.
5. Resolved, That a copy of these resolutions be communicated to
the widow of the deceased.
6. Resolved, That as a furthur mark of our respect*, the senate do
noAV adjourn.
The question being put on all except the last resolution, they Avere
unanimously adopted. Thereupon,
On motion of Mr. Dickinson, if; Avas
Ordered, That he communicate the same to the house of delegates.
The last resolution of the series Avas then unanimously adopted, and
the senate adjourned until to-morrow, twelve o'clock.
THURSDAY, DECEMBER 10,. 1863.
Prayer by Rev. Dr. Minnegerode.
On motion of Mr. Johnson,
Resolved, That the committee on roads and internal navigation, en¬
quire into the expediency of reporting a bill increasing the capital
stock of the Virginia and Tennessee railroad company.
Mr. Dillard presented the memorial of Wm. E. Prince, praying the
passage of an act refunding to him a sum of money improperly ^aid in¬
to the treasury; Avhicli on his motion was referred to the committee on
finance.
On motion of Mr. Christian of Middlesex,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of amending the act for the relief of the
families of indigent .soldiers, passed, October 31st, 1863, so as to pro¬
vide for the families of soldiers Avho reside within the lines of the enemy.
On motion of Mr. Dickinson,
Resolved, That the committee on finance enquire into the expediency
of increasing the compensation of commissioners of the revenue.
On motion of Mr. Christian of Middlesex,
Resolved, T*hat the committee on public institutions enquire into the
expediency of reporting a bill to reorganize the state penitentiary.
On motion of *Mr. Alderson,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of reporting a bill for the payment to Alfred Beckley, Briga¬
dier-general commanding the 27th brigade of Virginia militia, one hun¬
dred ^nd fifty dollars, for services rendered by him.
On motion of Mr. Dickinson,
Resolved, That the committee for courts of justice enquire into the
expediency of repealing or amending the stay law.
The senate went into, executive session, and therein it was ordered
40
journal of the senate of virginia.
that the following resolution be entered on this journal, and that a copy
thereof be furnished to the governor:
Resolved, That the senate advise and consent to the nomination made
by the governor, of Col. Jacob S. Shriver, as colonel of ordnance.
The senate having acted on all the executive business before it, the
doors were opened—when,
On motion of Mr. Carson, the senate adjourned until to-morrow,
twelve o'clock."
FRIDAY, December 11, 1863.
Prayer by Rev. Dr. Minnegerode.
Mr. Johnson from the committee on roads and internal navigation,
presented
No. 1, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company; which was taken up, read the
first time and ordered to be read a second time.
Mr. Dickinson from the committee on finance, presented
No. 2, A bill for the relief of Wm. E. Prince of Sussex county;
which was taken up, read the first time, and ordered to be read a se¬
cond time.
The president laid before the senate the following communication :
Richmond, Dec. 11, 1863.
Robert L. Montague, Esq.:
President of the Senate of Virginia:
Sir—I hereby resign the office which I now hold, as senator for the
city of Norfolk.
I remain sir, very respectfully,
Your obedient servant,
"VV. E. Taylor.
On motion of Mr. Neeson,
Resolved, That the committee for courts of justice enquire into the
expediency of authorizing the chief purveyor of the medical depart¬
ment of the Confederate States government, to establish a distillery for
the manufacture of whiskey, for the exclusive use of said department.
On motion of Mr. Johnson,
Resolved, That the committee for courts of justice enquire into the
expediency of reporting a bill for the increase of the compensation of
the judges of this commonwealth.
On motion of Mr. Armstrong,
Resolved, That the committee on finance enquire into the expediency
of releasing John C. Heiskell, sheriff of Hampshire county, from dam¬
ages, interest and costs on a-judgment obtained against him for failure
to pay the license tax due May 1861.
On motion of Mr. Coghill,
Resolved, That the committee for courts of justice, enquire into the
JOURNAL OP THE SENATE OF VIRGINIA.
41
expediency of adopting such legislation as will suppress combinations
intended to prevent persons from apprenticing themselves to trades, and
to induce apprentices to leave the employment of their masters.
On motion of Mr. Jones,
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the act passed October 31st, 1863, for the
support of indigent soldiers and their families, so as to prevent the
abus# of the privilege accorded to others than soldiers and their fami¬
lies, of purchasing supplies at reduced prices from the agent of the county
or corporation courts.
On motion of Mr. Douglas,
Resolved, That the committee on finance be instructed to report the
bills of the extra session, for the relief of Lee A. Dunn and William
A. Braxton of King William county.
On motion of Mr. G-uy,
Resolved, That it be referred to the committee for courts of justice
to enquire into the expediency of repealing so much of the laws now in
force, as forbid the distillation of such juice or syrup of the Chinese su-1
gar cane as may be or may become unfit for other uses.
On motion of Mr. Guy,
Resolved, That it be referred to the committee for courts of justice
to enquire what legislation is necessary to prevent unlawful trading by
employees on boats running on the river and canals of this common¬
wealth, and ^0 take away the facilities now afforded by said hoats
for the escape of slaves,- and for the removal of stolen property.
On motion of Mr. Guy,
Resolved, That it be referred to the committee for courts of justice
to enquire into the propriety of so amending the fourth section of chap~-
ter 200, Code of Virginia, 1860, as to provide that in all cases where
free negroes are now punishable by confinement in the penitentiary, and
slaves are only punishable by stripes, sale into slavery shall be substitu-1
ted in lieu of confinement in the penitentiary.
On motion of Mr. Guy,
Resolved, That- it be referred to the committee for courts of justice
to enquire into the expediency of repealing so much of the laws of the
commonwealth now in force, as allows the emancipation of slaves by will.
On motion of Mr. Branch,
Resolved, That the committee for courts of justice enquire what le-*
gislation is necessary to prevent the kidnapping and sale of free! ne¬
groes in this commonwealth.
On motion of Mr. Guy,
Resolved, That so much of the go*,' rnor's message as relates to the
failure on the part of congress to make adequate provision for the pay--
ment to the owners of the value of slav -s impressed by the confederate
government to work on fortifications, and who may have died or other¬
wise been lost to the owner or suffered injury in said service, be referred
to the committee on confederate relation^.
Mr. Collier presented the. petition of thirty-nine clerks of courts and
commissioners in chancery, for an increase of fees and allowances; whb'h-
on his motion, w«s lelerred to the committee ior courts ot justice.-
n
42
JOURNAL OF THE SENATE OF VIRGINIA.
Mr. Frazier submitted the following joint resolution, which lies over
under the rules:
Resolved, That when the two houses of the general assembly adjourn
on Monday the 14th instant, they stand adjourned until Wednesday the
6th of January 1864.
On motion of Mr. Frazier, the resolution, (the rule being suspended
therefor,) was taken up.
A motion was made by Mr. Day to amend the resolution, by striking
out the words "Monday the 14th," and inserting "Thursday the 17th"—
pending which,
On motion of Mr. Douglas, the resolution was laid on the table.
On motion of Mr. Douglas, leave was granted the committee on fi¬
nance to sit during the session of the senate to-day. Subsequently,
Mr. Dickinson from the committee on finance, present.*! the follow¬
ing bill, which was read the first time and ordered to be read a second
time :
No. 8, A bill to amend .the 11th section of chapter 14 of the Code
of Virginia, in relation to the pay of members of the general assem-
bly*
An unsuccessful motion was made by Mr. Dickinson, to read the said
bill a second time to-day.
A communication from the governor, accompanied by a letter from
the secretary of war, and a copy of a deed from Virginia to the Con-
fedegp.te States, in response to a resolution of the senate galling for'in¬
formation in regard to the removal of machinery from the Virginia ar¬
mory, addressed to the senate at the late called session, was, with the
accompanying documents, on motion of Mr. Douglas, ordered to be
printed. (Doc. No. 3.)
On motion of Mr. Randolph,
Resolved, That the governor be and is hereby requested to communi¬
cate to the senate at as early a period as practicable, whether the of¬
ficers who resigned their commissions in the United States army or navy
upon notice of the secession of the state of Virginia, and whose ser¬
vices were accepted by the state, and who were subsequently transfer¬
red to the Confederate States army or navy, were all received in their
appropriate ranks and grades; and that he be further requested to in¬
form this body of all matters touching the same subject, which he may
think it important to communicate.
On motion of Mr. Armstrong,
Resolved, That so much of the governor's message as relates to mili¬
tary affairs, be referred to the committee on military affairs.
On motion of Mr. Dickinson, the senate adjourned until to-morrow,
twelve o'clock.
jour.N" j :r n:r r,mjTE r \ir.ri\n
48
GA IJRDAl, December 12, 1863.
A communication from tlie house of delegates by their clerk, was read
as folluws:
In house of delegates, December 11, 1868.
The house of delegates have agreed to a joint resolution reviving the
select joint committee on salt raised during the extra session ;' in which
they request the concurrence of the senate.
The said resolution was taken up and read as follows:
Resolved, with the consent of the senate, That the joint committee,
appointed at the late extra session of the general assembly on the sub¬
ject of salt, be continued during the present session of the general as¬
sembly, and that it shall consist of the same members heretofore ap¬
pointed until otherwise ordered by either house as to its own committee.
The question beiug put on the adoption of the resolution, was deter¬
mined in the affirmative,
Ordered, That the clerk inform the house of delegates thereof.
Mr. Coghill, from the committee for courts of justice, presented
No. 4, A bill to amend the sixth and seventh sections of chapter 14
of the Code, so as to increase the salaries of the judges of the court of
appeals and circuit courts ; and
No. 5, A bill to" authorize the admission of wills to record upon proof
of the*handwriting of the attesting witnesses in certain cases. *
Subsequently said bills were taken upr read the first time and ordered
to be read a second time.
Mr. Coghill, also from the same committee, presented a report adverse
to repealing the law now in force forbidding the distillation of such
juice or syrup of the Chinese sugar cane as may be or may become
unfit for other uses.
Mr. Douglas, from the committee on military affairs, presented
No. 6, A bill amendatory of the act passed October 27, 1863, enti¬
tled an act to authorize the arrest of deserters by the civil authorities;
which was subsequently taken up, read the first time and ordered to be
read a second time.
On motion of Mr. Keen,
Resolved, That the committee for courts of justice enquire into the
expediency of amending an act entitled an act amending an act chang¬
ing the time of holding the circuit court of the town of Danville, passed
March 1st, 1861.
On motion of Mr. Taylor of Montgomery,
Resolved, That the committee for courts of justice enquire into the
expediency of reporting a bill requiring the court of appeals to hold, if
practicable, its next regular session for tfie western section of the state
at Christiansburg: provided the same cannot then be held at Lewisburg.
On motion of Mr. Taylor of Montgomery,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of reporting a bijl authorizing a donation
in money from the state treasurer, not to exceed $5,000,000, to the
44
JOURNAL OF THE SENATE OF VIRGINIA.,
brave soldiers of Virginia, who are now and have been in the army of
the Confederate States.
Mr. Taylor of Montgomery, submitted the following joint resolutions,
which lie over under the rules:
1. Resolved, That in the opinion of this general assembly, there
should be some fixed method adopted by the confederate government for
the final exemption from military duty, in the confederate army, of all
male citizens of the several Confederate States who are, or have been,
found incapable, from permanent physical disability, to perform the ser¬
vices of a soldier in the field.
2. Resolved, That when an officer or soldier of the confederate army
is discharged by reason of wounds incurred or disease contracted in the
service, the discharge of such officer or soldier is and should be final,
unless the contrary be expressed upon the face of the discharge; in
which event it should be the duty of the confederate government to
make some arrangement for the support of such officer or soldier.
3. Resolved, That when these resolutions are passed by this general
assembly, the president of the senate shall have them communicated to
our senators and representatives in the confederate congress.
On motion of Mr. Douglas, the resolutions were taken up, (the rules
being suspended therefor,) and on motion of Mr. Johnson, were laid on
the table.
On motion of Mr. Dickinson,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law for the regular meetings of the general
assembly in January instead of December, as now provided.
On motion of Mr. Coghill,
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the Code as to provide for the election of
attorneys for the commonwealth in cities and towns.
On motion of Mr. Randolph,
Resolved, That the committee for courts of justice enquire into the
expediency of increasing the compensation of the commonwealth's attor¬
ney of the circuit court of the city of Richmond.
On motion of Mr. Collier,
Resolved, That so much of the governor's message as relates to the
subject of substitution in the confederate army, be referred to the com¬
mittee for courts of justice, and that they report, by bill or otherwise,
whether any and what legislation is necessary to secure to the citizens
of this state, who have put in substitutes, the right of exemption from
that service, and that the committee consider and report whether the
faith of the government, which alone prevents the passage of any law
to impair the obligation of contracts, is or not equally pledged to pro¬
tect a "privilege" actually secured under the law allowing it, during the
whole period for which it was granted and secured.
On motion of Mr. Guy,
Resolved, That it be referred to the committee for courts of justice
to consider and report, by bill or otherwise, upon the expediency of
amending the act passed October 31st, 1803, entitled an act for the re¬
lief of the indigent soldiers and sailors of the state of Virginia, &c.,
JOURNAL OF THE SENATE OF VIRGINIA.
45
&c., as to take away from the county courts the right given by that act
to authorize its agents toftmpress supplies at prices not exceeding those
prescribed by the commissioners appointed for the state of Virginia un¬
der the act of congress regulating impressments, and to report such
provisions in lieu thereof as they may deem necessary and proper.
On motion of Mr. Guy,
Resolved, That it be referred to the committee for courts of justice,
to enquire and report by bill or otherwise, what increase of the fines now
denounced by law against certain appenders, is necessary by reason of
the inflation of the currency.
On motion of Mr. Guy,
Resolved, That it be referred to the committee for courts of justice
to consider and report by bill or otherwise, upon the expediency of in¬
creasing the fees now allowed to sheriffs by law.
On motion of Mr. Coghill,
Resolved, -That the committee for courts of justice enquire into the
expediency of increasing the compensation of the commonwealth's at¬
torney for the city of Lynchburg.
On motion of Mr. Keen,
Resolved, That the committee for courts of justice enquire into the
expediency of amending the 9th section of chapter 105 of the Code of
Virginia.
Mr. Armstrong asked for, and obtained leave to present
No. 7, A bill for the relief of families of soldiers living in counties
within the lines or under the control of the enemy ; which on his motion
was read the first time and referred to the committee for courts of, jus¬
tice.
The following bills were read the second time and ordered to be en¬
grossed and read a third time:
No. .1, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company ; and
Np. 2, A bill for the relief of Wm. E. Prince of Sussex county.
No. 3, A bill to amend the 11th section of chapter 14 of the Code
of Virginia, in relation to the pay of members of the general assembly,
was taken up and read the second time—when,
Mr. Wiley made an unsuccessful motion to amend the commencement
clause, by striking out the word "December" and inserting in lieu
thereof, the word " September."
The bill was then ordered to be engrossed and read a third time.
On motion of Mr. Johnson, the resolution offered yesterday by Mr.
Frazier, in relation to a recess of the general assembly was taken up,
and the question being on the amendment to the same proposed by Mr.
Day on yesterday,
On motion of Mr. Dulaney, the resolution was laid on the table.
On motion of Mr. Frazier,
Resolved, That the president of the senate issue a writ of election to
supply the vacancy occasioned by the resignation of William E. Taylor,
senator from the city of Norfolk.
On motion of Mr. Stevenson, the senate adjourned until Monday,
twelve o'clock.
46
journal of the senate of virginia.
MONDAY, December 14*1863.
Prayer by Rev. Dr. Moore.
A communication from the house of delegates by their clerk, wasiead
as follows :
In house of delegates, December 12, 18G3.
The house of delegates have agreed to a joint resolution for the ap¬
pointment of a committee to inform the governor and lieutenant-gover¬
nor elect, of their election; in wThich they request the concurrence of
the senate.
The said resolution was-taken up and agreed to.
The president appointed Messrs. Marshall, Randolph and Alderson,
as the committee on the part of the senate.
Mr. Coghill from the committee for courts of justice, presented
No. 8, A bill to amend and re-enact the 4th and 9th sections of chap¬
ter 200 of the Code of Virginia, in relation to the punishment of of¬
fences committed by free negroes ; which on his motion was read the
first time, and ordered to be read a second time.
Mr. Guy asked for, and obtained leave to present
No. 9, A bill to provide for employing in the public service or for
the public benefit, free negroes convicted of misdemeanors; which on his
motion, was read the first time and referred to the committee for courts
of justice.
Mr. Day submitted the following joint resolution:
Resolved, That the senate will with the concurrence of the house of
delegates, take a recess from Tuesday the 22d of December, to Tues¬
day the 12th day of January 1864.
On motion of Mr. Day,' the rule requiring joint resolutions to lie
over one day was suspended, in order that the resolution be considered
to-day.
Mr. Johnson moved to amend the resolution by substituting therefor,
the following:
Resolved, That the two houses of the general assembly will take a
recess from Monday the 21st inst., until Tuesday the 12th of January
1864.
Mr. Alderson moved to amend the amendment, by striking out "Tues¬
day the 12th of January 1864," and inserting " Wednesday the 6th of
January 1864," which was agreed to.
The substitute as amended was then adopted, and the resolution as
amended was then agreed to.
On motion of Mr. Johnson, it was
Ordered, That he communicate its adoption to the house of delegates,
and request their concurrence.
No. 1, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company was read the third time, and
the question on the passage thereof being put, was determined in the
affirmative—ayes 32; noes none.
The vote was recorded as follows:
JOURNAL OF THE SENATE OF VIRGINIA.
47
Ayes—Messrs. Alderson, Bales, Ball, Branch, Carson, Coghill, Coff-
man, Coll'er, Day, Dickinson, Dillard, Douglas, Dulaney, Frazier, Guy,
Hart, Johnson, Jones, Keen, 'Logan, Lynch, Nash, Newman of Madison,
Newman of Mason, Quesenberry, Randolph, Shriver, Stevenson, Spitler,
Taylor, Wiley and Witten—32.
The hill was then agreed to.
On motion of Mr. Johnson, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence.
No. 2, A bill for the relief of William E. Prince, of Sussex county,
was read the third time, and on motion of Mr. Dulaney, laid on the
table.
No. 3, A bill to amend the 11th section of chapter 14 of the Code
of Virginia, in relation to the pay of members of the general assembly,
was read the third time, and on motions of Mr. Armstrong and Mr.
Taylor, was laid on the table and made the order of the day for Wednes¬
day next at one o'clock.
Adverse report of committee for courts of justice on resolution rela¬
tive to the expediency of repealing so much of the laws now in force as
forbid the distillation of such juice or syrup of the Chinese sugar cane
as may be or may become unfit for other uses, was taken up and agreed
to.
The president added Mr. Bruce to the committee on confederate rela¬
tions.
On motion of Mr. Jones,
Resolved, That in consequence of the great increase of crime, the
committee for courts of justice enquire into the expediency of so amend¬
ing the penal laws of the state as to increase the penalties for crimes,
whenever practicable.
On motion of Mr. Randolph,
Resolved, That the committee for courts of justice enquire into the
expediency of dispensing with the examining court in cases of felony
tried in the city of Richmond.
On motion of Mr. Dickinson,
Resolved, That the committee on military affairs be instructed to en¬
quire into the expediency of providing by law adequate pains and pen¬
alties for the prevention of frauds by persons purcha ing commissary
and quartermaster stores, falsely representing themselves as officers or
agents of the government.
The president laid before the senate a communication from the gov¬
ernor, in response to a resolution calling for information in relation to
the officers who resigned their commissions in the United States army
or navy, and whose services were tendered to and accepted by the state
of Virginia, and who were subsequently transferred to the Confederate
States army or navy; which, on motion of Mr. Randolph, was laid on
the table and ordered to be printed, and referred to the committee on
military affairs. (Doc. No. 4.)
On motion of Mr. Carson, the senate adjourned until to-morrow,
twelve o'clock.
48
journal OF the senate oe virginia.
TUESDAY, December 15, 1863.
Prayer by Rev. Dr. Moore.
A communication from the house of delegates, by their clerk, was
read as follows:
In house of delegates, December 14, 1863.
The house of delegates have agreed to the joint resolution for a re¬
cess of the two houses of the general assembly.
Mr. Douglas from the committee on military affairs, presented
No. 10, A bill for the enrollment of persons between the ages of
sixteen and fifty-five domiciled in this commonwealth; which was taken
up, read the first time, and ordered to be read a second time.
On motion of Mr. Branch,
Resolved, That the committee on public institutions enquire into the
expediency of paying to Wm. R. C. Douglas the sum of three hundred
and-thirty-two dollars and fifty cents for services as steward of the
Eastern lunatic asylum, from the 1st day of January 1863, to the 13th
of May inclusive.
No. 4, A bill to amend the 6th and 7th sections of chapter 14 of the
Code, so as to increase the salaries of judges of the court of appeals and
circuit courts, was taken up, read the second time, and on motion of Mr.
Johnson, laid on the table.
No. 5, A bill to authorize the admission of wills to record upon
proof of the handwriting of the attesting witnesses in certain cases,
was taken up, read the second time and amended.
The bill as amended was then ordered- to be engrossed and read a
third time.
No. 6, A bill amendatory of the act passed October 27th, 1863, en¬
titled an act to authorize the arrest of deserters by the civil authorities,
was taken up, read the second time and ordered to be engrossed and
read a third time ; and being forthwith engrossed, was on motion of Mr.
Douglas, (two-thirds concurring,) read the third time; and the question
on its passage being put, was determined in the affirmative.
On motion of Mr. Douglas, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence.
Mr. Collier offered the following joint resolutions, which lie over under
the rules:
1. Resolved by the general assembly of Virginia, That our senators
in the congress be instructed, and our representatives be requested to
use their best endeavors to prevent the appointment to office of men
who are not of southern birth and education, or who are not ascertained
by long trial to be heartily devoted to the cause of the south—that is,
tho slaveholdinf states; so that none but such shall be trusted to take
♦
charge and be in command of posts of danger or of control, especially
in the military service; and for the reason that we have suffered enough
already by signal departures from that policy, at New Orleans, at Yicks-
burg, at Cumberland Gap, &c., kcl In the first of the instances nn u-
JOURNAL OP THE SENATE OP VIRGINIA.
49
tioned, under the command of General Lovell when on "English Turn"
the sixty-four guns in position were all served with the wrong ammuni¬
tion, which was a miraculous mistakenext, where Frank G. Thomas
was commissary, who some few years before the war came from Boston,
with one N. W. Schenck and another Yankee, (the former being now a com¬
missary at Wilmington, and the latter being in Europe,) and opened a
store in Jackson, Mississippi; and next, where, without a gun fired on
the foe, the most inaccessible stronghold on the continent was foully or
cowardly surrendered.
2. Resolved, That our senators and representatives be in like manner
applied to" to bring about the displacement from the military service of
any man and all men now in, who, whatever their character, never have
any success, without which any amount of capacity is valueless in mili¬
tary operations.
3. Resolved, That our senators and representatives be applied to in
like manner to bring to bear, in the right direction, whatever effort may
be in the reach of any of them, to have the' executive departments of
that government systematized and energized in their several operations;,
the best way to do which, is to place men at the heads of them capable
of conducting them with simplicity, which can flow only from a knowledge
of the subject in its details, and is the usual and only sure spring of
success.
4. Resolved, That like endeavors be diligently used by our senators
and representatives to have incompetent # commanders (such as General
Holmes instead of the peerless Price, now in Arkansas,) relieved of the
burden too heavy for them to carry, and to ha^p popular and energetic
men substituted and assigned to the duty.
5. Resolved, That whatever of reproof or admonition is expressed or
intimated in the preceding resolutions is not intended, and should not
be interpreted to detract from the signal displays of patriotic and heroic
effort that gild our revolutionary career with a rare lustre, which by this
expression we seek, with the constant affection of one brother for another,
to have augmented by deeds of higher achievements, and as faultless as
man's wisdom and courage and virtue can bring forth, with which to
adorn the eventual success of so gigantic a labor in so just a cause.
6. Resolved, That our senators and representatives be likewise applied
to to have all despotic and restrictive laws, such as the tithing act,
and the act to authorize and regulate impressments, repealed, except
the first section and the consistent provisions of the latter act; so that
the confederate government, except where the owners of the needed
supplies refuse to agree on the price, shall go into the market as other
purchasers; and as the currency is already and may become more re¬
dundant, its reduction be secured by adequate taxation.
7. Resolved, That'.the exposure and reprobation by the representa¬
tives of the people of the existence of official abuses, should not dis¬
courage the people, but enlist them with more alacrity and compact
energy in support of the government of their choice, which they have
instituted and desire shall be permanent.
On motion of Mr. Douglas, the rules were suspended for the purpose
50
JOURNAL OF THE SENATE OF VIRGINIA.
of taking up and considering the resolutions to-day; and the question oil
their adoption being put, was determined in the negative—ayes 1; noes
83.
On motion of Mr. Dickinson, the vote was recorded as follows :
Ayes—Mr. Collier—1.
Noes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Carson,
Christian of Augusta, Coghill, Coffman, Day, Dickinson, Dillard, Doug¬
las, Dulaney, Frazier, Garnett, Garrison, Hart, Johnson, Jones, Keen,
Lynch, Marshall, Nash, Newman of Madison, Newman of Mason, Que-
senberry, Shriver, Stevenson, Spitler, Taylor, Wiley and Witten—33.
The president appointed Mr. Garrison a member of the joint commit¬
tee on the library, in place of Mr. Peters.
On motion of Mr. Christian of Augusta,
Resolved, That leave be given to withdraw from the files, the petition
of the trustees of the Yirginia female institute, presented at the late
session, and that the same be referred to the committee on public.insti¬
tutions.
No. 8, A bill to amend and re-enact the 4th and 9th sections of chap¬
ter 200 of the Code of Yirginia, in relation to the punishment of of¬
fences committed by free negroes, was twice read and on motion of Mr.
Armstrong, laid on the table.
No. 2, A bill for the relief of William E. Prince of Sussex county,
was taken up on motion of Mr. Day, and the question on the passage
thereof being put, was determined in the affirmative—ayes 26 ; noes 5.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Bales, Carson, Coghill, Coffman, Collier,
Day, Dickinson, Dillard, Douglas, Frazier, Garnett, Garrison, Hart,
Johnson, Jones, Keen, Lynch, Marshall, Newman of Mason, Quesen-
berry, Shriver, Stevenson, Spitler, Taylor and Witten—26.
Noes—Messrs. Armstrong, Ball, Christian of Middlesex, Dulaney
and Newman of Mason—5.
The title was then agreed to.
Ordered, That the clerk inform the house of delegates • thereof,-and
request their concurrence.
On motion of Mr. Alderson, the senate adjourned until to-morrow,
twelve o'clock.
WEDNESDAY, DECEMBER 16, 1868.
Prayer by Rev. Mr. Edwards.
On motion of Mr. Christian of Augusta,
Resolved, That leave be given to withdraw from the files of last ses¬
sion the memorial of the board of visitors of the deaf, dumb and blind
institution, and the governor's message communicating it, and that the
same be referred to the committee on public institutions.
On motion of Mr. Johnson,
JOURNAL OF TIIE SENATE OF VIRGINIA.
51
Resolved, That the committee on roads and internal navigation en¬
quire what legislation is necessary in regard to the charges for freight
and travel on the different railroads of this commonwealth.
Mr. Douglas presented the petition of Wm. S. Clarke, asking to be
relieved from a fine imposed on him for violation of the law against the
distillation of grain; which was referred to the committee on general
laws.
On motion of Mr. Frazier,
Resolved, That "the committee on public institutions enquire into the
expediency of suspending, during the war, the deaf, dumb and blind in¬
stitution, as a school, and making some cheaper provision for the suste¬
nance of such of the children as yet remain in the institution.
On motion of Mr. Collier,
Resolved, That it be referred to the committee on privileges and elec¬
tions, to enquire whether any and what legislation is necessary and pro¬
per to enforce the constitutional ineligibility of judges to any political
office.
Mr. Collier asked for, and obtained leave to present
No. 12, A bill to prescribe a rule of evidence in criminal trials;
which was taken up, read the first time and ordered to be read a second
time; and on motion of Mr. Collier, referred to the committee for courts
of justice.
No. 5, A bill to authorize the admission of wills to record, upon
proof of the handwriting of the attesting witnesses in certain cases, was
taken up, read the third time, and on motion of Mr. Co_ghill, was laid
on the table.
On motion of Mr. Douglas, the order fixing one o'clock to-day for
the consideration ef the following bill was discharged, and the said bill
was taken up:
No. 3, A bill to amend the 11th section of chapter 14 of the Code
of Virginia, in relation to the pay of members of the general assembly.
On motion of Mr. Dickinson, the first blank in the bill was filled with
the words "twenty-four dollars," and the second blank with the words
"twelve dollars." Thereupon,
On motion of Mr. Armstrong, the vote by which the bill was ordered
to its engrossment and third reading was reconsidered—when,
Mr. Armstrong submitted a substitute therefor.
A motion was made by Mr. Douglas to amend the substitute, by strik¬
ing out the words "for the year ending the 31st December 1864," wher¬
ever they occur, and inserting in- lieu thereof, the words " during the
existing war, unless otherwise provided by the general assembly," and
the question thereon being put, was determined in the negative—ayes
4; noes 30.
On motion of Mr. Douglas, the vote was recorded as follows:
Ayes—Messrs. Bales, Douglas, Keen and Quesenberry—4.
Noes—Messrs. Armstrong, Ball, Branch, Carson, Christian of Au¬
gusta, Christian of Middlesex, Coghill, Coffman, Day, Dickinson, Dil-
lard, Dulaney, Frazier, Garnett, Garrison, Guy, Hart, Johnson, Jones,
Lo^an, Lynch, Nash, Newman of Madison, Newman of Mason, Ran¬
dolph, Shriver, Stevenson, Spitler, Taylor and Wiley—30.
52
JOURNAL OF THE SENATE OF VIRGINIA.
A motion was made by Mr. Quesenberry, to amend the substitute by
striking out all after the word "currency" in the ninth line, so as to
confine the provisions thereof to the members and officers of the gene¬
ral assembly, and the question being put thereon, was determined in the
negative—ayes 5; noes 32.
On motion of Mr. Quesenberry, the vote was recorded as follows:
Ayes—Messrs. Collier, Logan, Newman of Madison, Quesenberry
and Witten—5.
Noes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Coffman, Day,
Dickinson, Dillard, Douglas, Dulaney, Frazier, Garnett, Garrison, Guy,
Hart, Johnson, Jones, Keen, Marshall, Nash, Newman of Mason, Ran¬
dolph, Shriver, Stevenson, Spitler, Taylor and Wiley—32.
Mr. Guy moved to amend the substitute so as to confine the provisions
thereof in respect to the compensation of members and officers of the
general assembly to the present session, and the question on agreeing
thereto was put and determined in the affirmative—ayes 20; noes 17.
On motion of Mr. Guy, the vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Coghill,"Douglas,
Garnett, Garrison, Guy, Hart, Johnson, Jones, Keen, Logan, Lynch,
Nash, Newman of Madison, Quesenberry, Taylor and Witten—20.
Noes—Messrs. Branch, Carson, Christian of Augusta, Christian of
Middlesex, Coffman, Collier, Day, Dillard, Dulaney, Frazier, Marshall,
Newman of Mason, Randolph, Shriver, Stevenson, Spitler and Wi-
, ley—17. <
On motion of Mr. Marshall, the vote by vmich the said amendment
was adopted was reconsidered, and the question being again put on
agreeing to the amendment proposed by -Mr. Guy, was determined in
the negative—ayes 10 ; noes 22.
On motion of Mr. Guy, the vote was recorded as follows :
Ayes—Messrs. Ball, Coghill, Dickinson, Guy, Hart, Johnson, Jones,
Keen, Logan, Lynch, Nash, Newman of Madison, Quesenberry, Tay¬
lor and Witten—15.
Noes—Messrs. Alderson, Armstrong, Bales, Branch, Carson, Chris¬
tian of Augusta, Christian of Middlesex, Coffman, Collier, Day, Dil¬
lard, Dulaney, Frazier, Garnett, Garrison, Marshall, Newman of Ma¬
son, Randolph, Shriver, Stevenson, Spitler and Wiley—22.
The question was then put on the adoption of the substitute, and de¬
termined in the affirmative—ayes 34; noes 3.
On motion of Mr. Douglas, the vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Bell, Branch, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Coffman, Collier,
Day, Dickinson, Dillard, Douglas, Dulaney, Frazier, Garnett, Garri¬
son, Guy, Hart, Johnson, Jones, Keen, Lynch, Nash, Newman of Ma¬
son, Randolph, Shriver, Stevenson, Spitler, Taylor, Wiley and Witten—
34.
Noes—Messrs. Logan, Newman of Madison and Quesenberry—3.
The bill as amended was then ordered to be engrossed and read the
third time, and being forthwith engrossed, on motion of Mr. Johnson,
{two thirds concurring) was read the third time; and the question on
journal of the senate of virginia.
53
the passage thereof was put and determined in the' affirmative—ayes
28 ; noes 9.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Branch, Carson, Christian of
Augusta, Christian of Middlesex, Coffman, Collier,'Day, Dillard, Doug¬
las, Dulaney, Frazier, Garnett, Garrison, Guy, Johnson, Jones, Logan,
Lynch, Marshall, Newman of Mason, Randolph, Shriver, Stevenson,
Spitler, Taylor and Wiley—28.
Noes—Messrs. Bales, Ball, Coghill, Hart, Keen, Nash, Newman of
Madison, Quesenberry and Witten—9.
On motion of Mr. Johnson, the title of the said bill was amended and
agreed to as follows: v
"An act providing compensation for members of the general assem¬
bly, judges and other officers of the government in lieu of the compen¬
sation now allowed by law."
On motion of Mr. Douglas, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence.
Mr. Douglas moved that a sketch of a bill, prepared by him, to be
entitled a bill to organize a force to be called the state guard, (No. 11)
be printed for the use of the committee on military affairs; which was
agreed to.
No. 10. A bill for the enrolment of persons between the ages of six¬
teen and fifty-five years domiciled in this commonwealth, was taken up,
read the second time and ordered to be engrossed and read a third time.
On motion of Mr. Dillard, the senate adjourned until .to-morrow,
twelve o'clock.
THURSDAY, December 17, 1863.
Prayer by Rev. Mr. Edwards.
A communication from the house of delegates by their clerk, was
read as follows:
In house of delegates, December 14, 1863.
The house of delegates have passed senate bill entitled an act pro¬
viding compensation for members of the general assembly, judges and
other officers of the government in lieu of the compensation now al¬
lowed by law, No. 3.
They have passed with amendments senate bill entitled an act autho¬
rizing the increase of the capital stock of the Yirginia and Tennessee
railroad company, No. 1.
And they have passed a bill entitled an act to amend the charter of
the town of Ashland in Hanover county, No. 15.
In which amendments and bill they request the concurrence of the
senate.
No. 1, A bill authorizing the increase of the capital stock of the
54
JOURNAL OF THE SENATE OF VIRGINIA.
Virginia and Tennessee railroad company, with, the amendments of the
house of delegates, was taken up.
The first amendment was agreed to, and the second amendment, on
motion of Mr. Johnson, was amended by striking out the words "as
capital", and inserting^in lieu thereof the words " from the earnings
of said road".
The amendment as amended was then agreed to.
On motion of Mr. Johnson, it was
Ordered, That he communicate the same to the house of delegates
and request their concurrence in the amendment.
Mr. Coghill, from the committee for courts of justice, presented
No. 14, A bill extending the jurisdiction of the circuit court of the
town of Danville; which was subsequently taken up, read the first time
and ordered to be read a second ti^ne.
No. 15, A bill amending the ninth section of chapter 104 of the Code
of Virginia, in relation to harboring or employing slaves; which was
subsequently taken up, read the first time and ordered to be read a
second time.
No. 16, A bill to amend the third section of chapter seven of the
Code of Virginia, so as to provide for the election of an attorney for
the commonwealth in cities where circuit courts are held; which was
subsequently taken up, read the first time and ordered to be read a
second time.
And he, from the same committee, reported with a substitute therefor,
No. 7, A bill for the relief of families of soldiers living in counties
within the ]ines or under the control of the enemy; which was taken
up, read the second time, and the question being on the adoption of the
substitute proposed by the committee, on motion of Mr. Douglas, the
bill was laid on the table and ordered to be printed.
No. 9, A bill to provide for employing, in the public service or for the
public benefit, free negroes convicted of misdemeanors ; which was read
the second time and ordered to be engrossed and read a third time.
Mr. Marshall, chairman, announced that the joint committee, charged
with the duty of informing the governor and lieutenant governor elect
of their election, had performed the duty assigned them.
Mr. Armstrong asked for, and obtained leave to introduce
No. 17, A bill allowing additional compensation to certain officers of
the government; which, on his motion, was read the first time and or¬
dered to be read a second time.
On motion of Mr. Newman of Mason,
Resolved, That the committee on finance enquire and report upon the
expediency of appropriating five millions of dollars for the benefit of
Virginia soldiers in the confederate service or who may have been
honorably discharged from the service, and for the families of those
who may have died or been killed in the service.
On motion of Mr. Nash,"
Resolved, That the committee on finance enquire into the expediency
of reimbursing the owners of the tobacco destroyed by the burning of
public warehouse, in the city of Richmond, on or about the 13th of
March 1862.
JOURNAL OF THE SENATE OF VIRGINIA.
55
On motion of Mr. Christian of Middlesex,
Resolved, That the committee for courts of justice he instructed to
enquire into the expediency of preventing by law the trafficing in gold
and silver and in the currency of the United States, during the continu¬
ance of the existing war. •
No. 5, A bill to authorize the admission of wills to record upon proof
of the handwriting of the attesting witnessess in certain cases, was
taken up on motion of Mr. Coghill, and on his further motion, (by unani¬
mous consent) the second section was stricken out.
The bill was then passed with its title.
On motion of Mr. Carson, it was
Ordered, That he communicate the same to the house of delegates
and request their concurrence therein.
No. 10, A bill for the enrolment of persons between the ages of six¬
teen and fifty-five years domiciled in this.commonwealth, was taken up
and read the third time. N
On motion of Mr. Douglas, the first blank in the hill was filled with
the words "first day of March."
On motion of Mr. Douglas, (modified at the suggestion of Mr. New¬
man of Mason) the second blank was filled with the words "fifty cents."
On motiom of Mr. Douglas, the third blank was filled with the words
"first day of March."
Mr. Keen made an unsuccessful motion to bay the bill on the table—
thereupon,
The question on the passage of the bill being put, was determined in
the affirmative—ayes 29 ; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Carson, Christian
of Augusta, Christian of Middlesex, Coghill, Day, Dickinson, Douglas,
Dulaney, Brazier, Garrison, Hart, Johnson, Jones, Keen, Logan, Lynch,
Marshall, Nash, Newman of Mason, Quesenberry,^ ^hriver, Stevenson,
Taylor, Wiley and Witten-*—29.
On motion of Mr. Dickinson, it was
Ordered, That he communicate the same to the house of delegates
and request their concurrence therein.
On motion of Mr. Keen,
Resolved, That the house of delegates be requested te return to the
senate, senate bill No. 38 of last session, to arm and equip the state.
On motion of. Mr. Christian of Augusta,
Resolved, That the committee for courts of justice enquire into the
expediency of granting clerks of courts an annual salary instead of
special fees, during the war.
On motion of Mr. Dulaney,
Resolved, That the committee on banks enquire into the expediency
of allowing parties who may be indebted to any of the branch banks of
the state, within the lines of the enemy, to pay the same to the mother
bank in the city of Richmond.
Mr. Johnson submitted the following joint resolutions, which lie over
under the rules :
Resolved, That in the opinion of the general assembly of Virginia,
56
journal op the senate of VIRGINIA.
some provision for the increase of the pay of the soldiers in the army
of the "Confederate States should at once be made by the congress of the
Confederate States, and that the senators from Yirginia be instructed,
and the represenatives in congress be requested, to take immediate
steps to pass a law providing for such increase of pay as will, under the
present circumstances, be just and adequate to supply the wants of the
soldiers in the army.
Resolved, That the governor of this commonwealth be requested to
communicate the passage of the above resolution to our senators and
representatives in congress.
On motion of Mr. Johnson, the rules were suspended* and the resolu¬
tion taken up.
The question being put upon the adoption thereof, was unanimously
decided in the affirmative.
Ordered, That the clerk inform the house of delegates thereof and
request their concurrence.
Mr. Marshall asked for, and obtained leave to introduce
No. IT, 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 aud de¬
fence; which on his motion, was referred to the committee on confede¬
rate relations.
The president laid before the senate a communication from the gov¬
ernor, inclosing a communication from the principal of the deaf and
dumb and blind institution ; which on motion of Mr. Wiley, was referred
to the committee on public institutions.
On motion of Mr. Ball, leave of absence was granted to Mr. Arm¬
strong for four days.
On motion of Mr. Christian of Middlesex, the senate adjourned until
to-morrow, twelve o'clock.
FRIDAY, December 18, 1863.
Prayer by Rev. Mr. Edwards.
No. 15, sllouse bill entitled an act to amend the charter of the town
of Ashland in Hanover county, 'communicated yesterday, was taken up,
twice read and referred to the committee on general laws.
A communication from the house of delegates by their clerk, was
read as follows:
In house of delegates, December 17, 1863.
The house of delegates have agreed to the amendment proposed by
the senate to the amendments proposed by the house of delegates to
senate bill entitled an act authorizing the increase of the capital stock
of the Yirginia and Tennessee railroad company, No. 1.
They have passed bills entitled an act to authorize the Charlottesville
JOURNAL OF TIIE SENATE OF VIRGINIA.
57
savings bank to reduce the numbers of its directors, No. 59; and an
act to amend the first section of an act, passed April 12th, 1852, enti¬
tled an act to authorize the construction of the Wytheville and Grayson
turnpike, and to make branches thereof to the lead mines in Wythe
county and Ilillsville in Grayson county.
And they have agreed to a joint resolution in relation to the increase
of pay of cavalrymen for the use of their horses ; to the pay for horses
lost in the service; to issuing rations of tobacco, and rations to officers.
In which bills and resolution they request the concurrence of the
senate.
No. 60, House bill entitled an act to amend the first section of an
act, passed April 12th, 1852, entitled an act to authorize the construc¬
tion of the Wytheville and Grayson turnpike, and to make branches
thereof to the lead mines of Wythe county and Hillsville in Grayson
county, was twice read and referred to the committee on roads and in¬
ternal navigation.
No. 59, House bill entitled an act to authorize the Charlottsville
savings bank to reduce the number of its directors, was twice read and
referred to the committee on banks.
Joint resolution frppa the House in relation to the increase of pay to
cavalrymen for the use of their horses; to the pay for horses lost in
service; to issuing rations of tobacco and rations to officers, was taken
up—when,
Mr. Keen made an unsuccessful motion to lay th# resolution on the table.
The question on the adoption of the, resolution being put, was deter¬
mined in the affirmative—ayes 27 ; noes none.
On motion of Mr. Nash, the vote was recorded as follows :
Ayes—Messrs. Bales, Ball, Carson, Christian of Augusta, Christian
of Middlesex, Coghill, Day, Dickinson, Dulaney, Garnett, Garrison,
Guy, Hart, Johnson, Jpnes, Keen, Lynch, Marshall, Nash, Newman of
Madison, Newman of Mason, Quesenberry, Stevenson, Spitler, Taylor,
Wiley and Witten—27.
Ordered, That the clerk communicate the same to the house of
delegates.
The president laid before the senate a communication from the gover¬
nor concerning reprieves and pardons.granted by him; which, on motion
of Mr. Johnson, was laid on the table and ordered.to be printed. Doc.
No. 5.
Mr. Christian of Middlesex, froTn the committee on public institutions,
presented :
No. 19, A bill providing an additional appropriation to the Virginia
military institute; which was taken up, read the first time, and ordered
to be read a second time ; and
No. 20, A bill amending and re-enacting chapter 218, Code of Vir¬
ginia; reorganizing the penitentiary ; which was read the first time and
ordered to be read a second time.
No. 9, A bill to provide for employing in the public service or for
the public benefit free negroes convicted of misdemeanors, was taken
up, read the third time and passed with its title.
8
58
JOURNAL OF THE SENATE OF VIRGINIA.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 14, A bill extending the jurisdiction of the circuit court of the-
town oij Danville, was taken up, read the second time, and having been
amended on motion of Mr. Keen, was ordered to be engrossed and read
a third time.
No. 17, A bill allowing additional compensation to certain officers of
the government, was taken up, read the second time, and having been
amended on motion of Mr. Dickinson, so as to provide an increase of
thirty per cent, on all salaries over $2,500; fifty per cent, on all sala¬
ries of $1,000 and not exceeding $2,500 ; seventy per cent, on all sala¬
ries less than $1,000; and seventy per cent, on all weekly allowances
of fifty dollars, was ordered to be engrossed and read a third time.
On motion of Mr. Wiley, the senate adjourned until to-morrow,
twelve o'clock.
SATURDAY, December 10, 1863.
Prayer by Rev. Mr. Edwards.
A communication from the house of delegates by their clerk, was
^ead as follows :
In house of delegates, December 18, 1863.
The house of delegates have agreed to a joint resolution concerning
•the pay of soldiers in the Confederate States army, and have also
agreed to a. joint resolution requesting the house of delegates to return
a certain bill.
Mr. Christian of Augusta, from the committee on banks, reported
without amendment:
No. 59, House bill entitled ail act to authorize the Charlottesville
.savings bank to reduce the number of its directors ; subsequently,
On motion Mr. Christian of Augusta the bill was taken up, read the
third time and passed-
Ordered, That the clerk communicate the same to the house of
delegates.
Mr. Coghill, from the joint committee on salt, presented the following
joint resolution, which lies over under the rules:
Resolved by the general assembly, That the superintendent of salt
works be authorized and instructed (under the control of the board of
supervisors) to hire till the 8th of Juno, 1861, a sufficient number of
slaves to operate till that date the ten furnaces leased by the common¬
wealth from Stuart, Buchanan & Co., or if unable to hire as aforesaid,
he is authorized to hire for the whole year.
On motion of Mr. Coghill, the rules were suspended for the purpose
of taking up and considering the resolution to-day; and the question
on the adoption of the resolution being put, was determined in the
affirmative.
Journal ob the senate op Virginia.
59
On motion of Mr. Coghill, it was
Ordered, That he communicate the same to the house of delegates,
and request their concurrence therein.
On motion of Mr. Johnson,
Resolved, That so much of the governor's message as refers to extor¬
tion, he referred to the committee for .courts of justice ; so much as
refers to militia and home guards and paymaster general, be referred to
the committee on military affairs; and so much as refers to railroads,
be referred to the committee on roads and internal navigation. .
On motion of Mr. Garrison,
Resolved, That the committee for courts of justice enquire into the
expediency of prohibiting the circulation as currency of any bills or
notes issued by any one of the United States, and treasury notes issued
by the government of the United States.
No. 14, A bill extending the jurisdiction of the circuit court of the
town of Danville was taken up, read the third time and passed with its
title.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 17, A bill allowing additional compensation to certain officers of
the government, was taken up, read the third time, and on motion of
Mr. Christian of Augusta, laid on the table.
The following bills were taken up, read the second time, and ordered
to be engrossed and read a third time :
No. 15, A bill amending .9th section, chapter 104, Code of Virginia,-
in relation to harboring or employing slaves.
No. 16, A bill to amend the 3d section of chapter 7 of the Code of
Virginia, so' as to provide for the election of an attorney of the com¬
monwealth in cities where circuit courts are held.
No. 19, A bill providing an additional appropriation lo di. Viighua
military institute; and
No. 20, A bill amending and re-enacting chapter 213, Col ■ of Vir¬
ginia, reorganizing the penitentiary.
The president laid before' the Senate a communication from the gov¬
ernor in relation to the state naturalization laws, &c.; Which on motioh
of Mr. Newman of Mason, was laid on the table and ordered to be
printed ; and that portion relating to the state naturalisation laws was
referred to committee on confederate*relations, and the residue to the'
committee on general laws. (Doc. No. 6.)
On motion of Mr. Carson, the senate adjourned until Monday, twel-ve1
o'clock.
60
JOURNAL OF the senate OS VIRGINIA/
MONDAY, December 21, 1803.
A communication from the house of delegates by their clerk, was read
as follows :
In house of delegates, December 19, 18G3.
The house of delegates have agreed to a joint resolution in relation
to amending the law imposing a tax in kind, so as to exempt from said
tax a sufficiency of pork and bacon raised by the families of soldiers
for their o\?n use ; in which they request the concurrence of the senate.
A joint resolution in relation to amending the law imposing a tax in
kind, so as to exempt from said tax a sufficiency of pork and bacon
raised by the families of soldiers for their own use, was taken up, and
on motion of Mr. Garrison, laid on the table.
A message wa,s received from the house of delegates by Mr. Pendle¬
ton, who .informed the senate that that house was now ready to take a
recess, in pursuance of a joint resolution, until the 6th of January 1864.
Mr. Carson submitted the following resolutions, (Mr. Christian of
Augusta in the chair,) which were unanimously adopted:
Resolved, That the thanks of the senate are due and hereby tendered
to Lieutenant Governor R. L, Montague, for the ability, dignity and
uniform courtesy with which he has discharged the duties of presiding
officer of this body throughout his term which is now expiring.
Resolved, That in retiring from the office, he carries with him the
best wishes for his future welfare and the kindliest feelings of the sena¬
tors with whom he has been so long and so pleasantly associated.
Mr. Carson was appointed by the chair to inform Lieutenant Gover]
nor R. L. Montague thereof.
On motion of Mr. Christian of Augusta, he was instructed to inform
the house of delegates that the senate were also ready to take a recess
until the 6th of January 1864.
Lieutenant Governor R. L. Montague having resumed the chair, Mr.
Carson informed him of the unanimous adoption of the foregoing com¬
plimentary resolutions • whereupon,
Lieutenant Governor Montague returned his acknowledgments to the
senate in a feeling address, and announced that the body took a recess
until the 6th January 1864.
WEDNESDAY, JANUARY 6, 1864.
Lieutenant Governor Samuel Price entered upon the duties of the
chair and addressed the senate.
The president laid before the senate the following communication
from the governor:
journal of the senate of virginia.
t
61
STATE OF VIRGINIA, Executive Department,
Richmond, January 6, 1861.
Gentlemen of the Senate
and House of Relegates:
Having deemed it proper, under existing cir¬
cumstances, at the time of taking the oaths of office as the governor of
this commonwealth on the 1st instant, to present my views of the pre¬
sent condition of public affairs, the causes which led to them, and the
measures proper to meet the exigency which is upon us, I respectfully
transmit herewith to the general assembly copies thereof for such con¬
sideration and disposition as it may be your pleasure to give them.
Respectfully,
"WM. SMITH.
ADDRESS.
Seventeen years ago I appeared in this capitol to take the oath of
office as#tho governor elect of the commonwealth of Virginia. By the.
permission of God and the election ef the people, I am now here to re¬
peat them. Entrusted by my countrymen, undbr the perilous circum¬
stances which surround us, with the important duties which I am about
to assume, I t^nk it -altogether a fitting occasion, as I hereby do, to
"express my most profound acknowledgments for this gratifying and dis¬
tinguishing mark of their confidence. I hope I may deserve it: certain
it is, if my best efforts to accomplish all that may be expected of me,
within my constitutional powers, will suffice, I shall not be disappointed.
On the 17th day of September 1787 the constitution of the United
States was adopted by the convention, and transmitted by the president
thereof, General Washington, to the congress of the confederation. In
his letter, he says, among other things, " and thus the constitution
which we now present is the result of a spirit of amity and of that
mutual deference and concession which the peculiarity of our political
situation rendered indispensable." In the concluding part of his letter,
he also says, " that it will meet the full and entire approbation of every
state, is not, perhaps, to be expected ; but each will doubtless recollect,
that had her interests been alone consulted, the consequences might
have been particularly disagreeable or injurious to others."
The constitution, thus constructed, was adopted by the states at diffe¬
rent periods, but eleven of them having ratified it, the 7th article
thereof declairing that " the ratification of the conventions of nine
states shall be sufficient for the establishment of this constitution be¬
tween the states so ratifying the same," the government authorized
thereby was fully organized by the installation of President Washington
on the 30th of April 1789. He was elected unanimously, but ten states
only united in his election. North Carolina remained out of this Union
until the 21st of November 1789, as Rhode Island did until the 29th of
May 1790. It is obvious that they were sovereign states, complete na-
G2
JOURNAL OF THE SENATE OF VIRGINIA.
tionalitios, and might have remained separate, " free and independent
states." Undeniably, the old Union, under the first constitution, which
took us triumphantly through the revolutionary war, and to which
North Carolina and Rhode Island seemed so anxious to adhere, was
dissolved by th; withdrawal of a majority of the members thereof, and
another substituted therefor. Was this secession ? Let the facts stated
give the reply. Was it right for a portion of the states to disregard or
destroy a compact with those of their associates who withheld or refused
their consent ? Allow me to give a short time to the consideration of
this enquiry.
It may be conceded that the government formed by the articles of
confederation was wholly inadequate for its essential purposes—that it
could neither secure to us the respect of foreign*powers, nor promote
our prosperity at home. True, it had taken us through the revolution,
but the stern necessities of our condition fired the hearts of the people,
and they forbore to question power when it was exercised for the pur¬
pose of filling our ranks and feeding and clothing our gallant soldiers.
The declaration of independence had enunciated to the world the right
of a " people to dissolve the political bands which connected them with
another," and "to alter or to abolish" the existing form of govern¬
ment, "and to institute a new government, laying its foundation on
such principles and organizing its powers in such form as to them shall
seem most likely t^effect their safety and happiness." An I, in that
day, no one doubted the right to reform the existing government and
replace it with another, whenever any of the parties to#t should see fit
to do so.
It was confidently concluded, by those who believe in the progressive
civilization of our race, that our revolution had firmly established this
great right. It had been distinctly prQclaimed to the world as the
ground upon which the thirteen dependent colonies of Great Britain
justified their separation from the mother country, and the assumption
of the rights, powers and duties of independent states. The great
struggle had been successfully fought upon it. The declaration contain¬
ing it had passed into every civilized language. Our ancestors had
acted upon it after their independence had been recognized. President
Buchanan, the predecessor of the present chief magistrate of the
United States, had declared that the federal government had no right
to make war upon a seceding state. Nor was this all. The celebrated
paper, to which I have so often referred, not only distinctly asserted the
right of separation, but *boldly proclaimed it to be the duty of the
states whom it might concern to exercise it, whenever, in their judg¬
ment, it was necessary. It was confidently believed that this great
philosophical right, which may, very properly, be called the right of
secession, would preserve the peace between the parties to the .compact,
under all circumstances, and throughout all time. I know there are
many persons who deny this right, and yet admit that of revolution.
Now, I cannot too earnestly insist that the right of secession, practi¬
cally recognized and admitted, is the guaranty of peace; while the
right of revolution necessarily leads to civil war. One applies to a
confederation of states, and cannot be politically wrong ; the other acts
JOURNAL OF THE SENATE OF VIRGINIA.
63
within a nation, and is rarely right. It is true the power of the parts
is not equal to the power of the whole ; but what of that ? Govern¬
ments are not instituted for aggression, but for the security of the
rights of " life, liberty, and the pursuit of happiness."
I have heretofore remarked upon the peculiar language of General
Washington, in his letter communicating the constitution, as agreed
upon in convention, to the old congress. It was, he says, " the result
of a spirit of amity, and of that mutual deference and concession»
which the peculiarity of our political situation rendered indispensable."
Without the influence of such considerations, it would not have been
adopted by the convention. Wide and deep-rooted opposition to it was.
found to pervade the public mind throughout the Confederacy. Three
of the most powerful, minds of the day, in a series of numbers, noAV
known as the Federalist, undertook the task of reconciling the people
to its adoption. -Many of the states yielded their assent to it with ex¬
treme reluctance. Virginia, after formidable opposition, headed by
Patrick Henry, sent her ratification of it, with a number of amend¬
ments, designed to guard against certain constructions of which it was
susceptible, and which, with others, were subsequently adopted. And
it is certain that the states never would have adopted this untried and
much doubted experiment, had there been any question of their right
to withdraw at pleasure from the Union it was designed to form.
When the constitution was, however, adopted, it Avas obvious to the
most ordinary sagacity, that unless it was construed, and its admitted
powers were exercised, in the spirit to which the constitution was in¬
debted for its existence, the governtnent authorized thereby could not
last. Yet it is a well known historical fact, that a great party was
speedily formed to change the whole racter of the government, and,
through the agency of the implied powers thereof, utterly to subvert
the reserved powers of the states. This was the more remarkable, as
the powers of the federal government were exclusively of a delegated
character—that powers not granted were denied. The evidences on
this subject might be multiplied as the leaves of autumn, were it neces¬
sary, but as I refer to it only for the purpose of pointing out the foun¬
tain of bitter waters, I may be spared further specification and be
allowed to follow its flow to that great ocean, the storms of which have
carried sorrow and death into the bosom of almost every family in the
land. I shall confine myself to one subject only as illustrative of that
want "of amity, and of that mutual deference and concession which
the peculiarity of our political situation rendered indispensable."
One of the great interests to be protected in the new constitution was
the institution of slavery. That interest well knew that great efforts
would be made for its overthrow; and although, at the adoption of the
constitution, slavery existed in all .the states but one, yet the unerring
law of race allowed no doubt that its final resting place would be in the
southern states. To provide for its safety and protection was a plain
and obvious duty. Provisions were accordingly inserted in the consti¬
tution, which were deemed ample and sufficient; and the price for them
cheerfully paid, in the power over commerce and navigation. Notwith¬
standing all which, at the first congress agitation began. The act of
64
JOURNAL OF THE SENATE OF VIRGINIA.
1793, known as the fugitive slave act, was passed to vitalize the clause
of the constitution authorizing the return of fugitive slaves. General
Washington was the first to claim the benefit of it; but he gave up his
claim sooner than provoke the howl which was about to be raised by the
fanatics of Massachusetts.
And he, the Father of his Country and the president of the United
States, was denied the benefit of a clause of the constitution and of an
act of congress intended to give it effect. As time swept on, agitation
continued, increasing in strength and volume, until, in the great strug¬
gle of 1819-20, it was openly proclaimed by the north, in debate,
that the admission of Missouri was a question of power, and as such,
overrode all other considerations. It is well known that this question
at that time seriously endangered the Union. Uftpn its unfortunate ad¬
justment, did fanaticism cease its efforts ? No, «s work was only par¬
tially accomplished, and agitation was resumed with increased activity,
in utter disregard of that fraternal spirit, without which the cry of
Union was nothing more than an empty sound. It again culminated in
1850 upon the territorial question,, and the Union once more trembled
to its base. But the wisdom of congress effected a truce, and by a series-
of measures, postponed the impending blow. This adjustment, however,
gave no peace, no repose. Fanaticism, balked of its entire purpose,
redoubled its efforts—it gave warning on the floor of the senate that
agitation should never cease until its designs should be fully accom¬
plished—it entered the halls of state legislation, and obtained the pas¬
sage of personal liberty laivs ; laws denouncing citizens, in pursuit of their
property, as guilty of a crime punishable by confinement in the peniten¬
tiary ; laws for removing judges ■who proved too honest and indepen¬
dent to become the tool of its \^1—and all intended to nullify a clause
of the constitution and acts passed in pursuance thereof—it incited mobs
to do the work of death upon respectable citizens in pursuit of their
lawful and constitutional rights. And, finally, in disregard of all pre¬
cedent—of that "spirit of amity" and of "that mutual deference and
concession," to which I have so frequently referred—dared to run an
entirely sectional ticket, for the highest offices of the country, declaring
that it would np longer be dependent upon the slaveholding states to any
extent whatever. This position thus taken and successfully maintained
by northern fanaticism in the election of its candidates, filled the hearts
of the southern states with despondency and gloom; and impressed
them with the melancholy conviction that there was no longer a hope of
living in the Union, in the enjoyment of the rights it was designed to
secure, and that the time had come when the existing form of govern¬
ment having become destructive of those ends for which it was institu¬
ted, it was their right as it was their duty, in the language of the de¬
claration of independence, " to alter or to abolish it", and to institute a
new government, laying its foundations on such principles and organi¬
zing its powers in such form, as to them shall seem most likely to effect
their safety and happiness."
But, notwithstanding the long-continued wrongs and injuries which the
south had sustained at the hands of the non-slaveholding north, most of
the southern statesstill clung with l'ond tenacity to the work of our fathers,
m o » i
JOURNAL OF THE SENATE OF VIRGINIA.
65
and essayed^ in various ways to readjust the disturbed relations of the
states. Our dear old Virginia made extraordinary efforts, as well befitted
her, for readjustment and for peace ; hut all in vain. The north, stimula¬
ted by her hatred of the south, and the consciousness of her strength,
and believing, unhappily, that'we would not dare the last extremity, turned
a deaf ear to every overture and resolved on force. On the 15th day of
April 1861, President Lincoln issued his proclamation for seventy-five
thousand men to put down the insurrection, as he was pleasedto term
it. ^Virginia was called upon for her quota to dragoon her southern
sisters into submission, and she responded by passing, on the 17th of
April 1861, her ordinance of secession, "uniting her fate to theirs. It
was under this conduct on the part of the non-slaveholding states, and
a£fer every effort to preserve the Union which our ancestors had formed,
Had failed, that our convention felt itself constrained to take this or¬
ganic and final step "which denounces our separation, and hold them,
as we hold the rest of mankind, enemies in war; in peace, friends."
This ordinance was also submitted to a vote of the people, who, with a
rare an4 noble unanimity, approved it, and in support of it, pledged to
each other, " our lives, our fortunes and our sacred honor."
I have thus referred to one of the great causes of our unhappy diffi¬
culties—too briefly, perhaps, for perspicuity; perhaps too much at
length for such an occasion as the present; and yet I trust of sufficient
fullness to clearly show that the sentiment of the northern mind has
waged incessant Avar upon one of the great compromises of the consti¬
tution, producing thereby the irritation and injustice which have de¬
stroyed those pleasant and happy relations which it was expected the
Union would establish and assure, and which has culminated in this
frightful and bloody war ! while the south evinced her love of union and
her anxiety to preserve the Avork of our fathers in the compromises she
had made and. in the wrongs and injuries to Avhich she had submitted—
in the great forbearance she had practiced, and, finally, in her numerous
efforts to avoid the dread alternative which Avas presented to her of un¬
conditional submission or manly resistance. The war, then, which is
now raging, was not sought by us ; it was forced upon us—and is the
last and most flagrant of that series of wrongs, which, commencing with
the government, is to be resisted to the last extremity.
Invoking the divine will to enlighten my understanding, and to guide
me to that system of measures best calculated to provide for the exi¬
gency which is upon us, and to promote the true interests of our coun¬
try, I proceed to suggest what duty, in my judgment, requires, and
what a generous patriotism will cheerfully accord. ■
First, then, it is of the greatest moment that our minds should be
trained to allow that the entire manhood and property of the country,
fo? the purpose of this Avar, belongs to the state. The men who are*
called into the field to join in battle Avith our enemies, the taxes which
are levied and the impressments which are made, for their support, are
but modes of appropriating the resources of the country, and should
neither excite murmurs nor discontent. The man who, by tricks, eva¬
sions or subterfuges, seeks to avoid the taxes intended to be collected
from him, is in* heart both knave and traitor. It is the duty of the
66
JOURNAL OF THE SENATE OF VIRGINIA.
law-maker to provide the amplest punishment for such malefactors, and
of every good citizen to bring them to justice, and to holcl them up to
public scorn and contempt. And what should be thought of those who
grumble about the prices paid for articles impressed, to feed and clothe
the army—that army which stands between them and ruin—that army,
composed, as it is, of their own sons, and of their own kith and kin,
and which may be disbanded for want of the necessary supplies, while
they are higgling with the government agents for higher prices than
those established by the commissioners chosen equally by the state and
confederate authorities, and actually appealing to the courts of justice
for protection against the alleged wrong and injury of which they com¬
plain? They are not content with prices fixed by citizen farmers,
chosen for each state, of sound judgment and lofty patriotism; they
must have a jury of the vicinage, composed of men, like themselves, M
anxious—I will not say willing—but anxious, to wring from their bleed¬
ing and suffering country the last dollar which can be obtained. I do
not hesitate to say that such a mode of assessment would, within six
months, drive our armies from the field and utterly annihilate the public
credit, unless we established a most enormous system of taxation, or
the confederate government should proclaim martial law. The country
must not be ruined by the rapacity of the people, and the government
will not hesitate, I am sure, to exercise all their constitional powers,
when necessary for our safety. I am pleased to say that the people of
Virginia have, with some exceptions, cheerfully accepted the maximum,
while not one has been hardy enough to brave public opinion by demand¬
ing any other rule of assessment.
While, however, the people of the state have acquiesced in the prices
£xed by the public commissioners, others have been unwilling to accept
them, in consequence of higher prices being offered by speculators and
others. This very naturally produces discontent on the part of the more
liberal and patriotic portion of the poople, while others resort to hoard¬
ing, hidipg and other disreputable shifts and evasions, to avoid their
jContribution to the support of our gallant army. This state of things
is very demoralizing, and may, I think, be easily corrected by the
establishment .of a state maximum, which, taking the confederate maxi¬
mum as a basis, shall be extended to all the productions of human in¬
dustry.
I know that this proposition has always met with the most determined
opposition, and yet it has always prevailed in time of public trouble. I
know it is said that France tried and France gave up this policy. And
yet she first tried it upon corn, then enlarged it, but never made it gene¬
ral, adhered to it through all the dark hours of her revolution, when
,she was rent by intestine dissensions and engaged in war with the whole
of Europe, and never abandoned it until she had resumed a specie cur¬
rency, composed her intestine feuds, and brought continental Europe to
her feet. What occasion had France to adhere to this policy when she
fed her armies from the stores of other nations, and replenished her
treasury by contributions upon them?
But it is the duty of wisdom to comprehend the force of circumstances.
What is our situation? We are cut off from the world »by our enemies,
JOURNAL OF THE SENATE OF VIRGINIA.'
67
insulated as completely as if we were on an island in mid-ocean and no
productions from abroad, like those raised by us, are allowed ^o come in
competition with our own. Can it be contended, with any propriety,
that there can be, in such a state of things, a market price for com¬
modities in the sense of the economists ? Again, the supply of our
own productions is inadequate for a liberal consumption.- Bread, meat,
shoes, cotton! and woolen cloths, are painful illustrations of this stern
fact; .and I ask, where is the competition to be found which is to put
these articles within easy reach of the naked and the hungry? It.is-
sometimes said, that it is the currency which causes, this great exaggera¬
tion of prices. To some extent, this may be so.- But where the supply
of actual necessaries is deficient, and the price of them is fixed by the
conscience of the seller alone, the currency is of but. little significance ;■
the hungry must be fed, and the seller knows it;: and the price must be
paid in whatever currency required.
Nor is the maximum unknown in daily life. It was the law, that
the person who took out a license as a tavern-keeper should keep proper
accommodations for the traveler, and then should not charge him for
meals at pleasure, but only the rates fixed by the county courts; So in
the case of bridges and ferries, where the prices are fixed by law. But
there is a very remarkable case of maximum which seems to have
escaped general observation—I mean interest upon money.- No lender
shall take more than six dollars fo^ the loan of one hundred dollars for'
one year. Should the lender bargain for more, the contract is void. If
he take$ more, he forfeits double the sum loaned. Here is a maximum
of great antiquity, on money, the token or representative of all property;-
and yet it is not proper, to set a maximum on the property so repre¬
sented !
That the law of maximum will be difficult to enforce I readily admit/
So is the whole criminal code. So is the law which forbids the loan of
money at more than legal interest. So as that bright, hopeful and
glorious plan of salvation for which a Saviour died. But shall we, for
such reasons,- abandon our efforts to reform, benefit and save mankind ?
But the maximum would have other important advantages. It would
put an end to discontent among the people; it would extinguish the
practice of hoarding and hiding. Without any hope of increasing prices,
producers would cheerfully furnish to consumers their surplus. Uni¬
formity of price and the application of the maximum to all things would,-
I "am persuaded, inspire general satisfaction and relieve the jiecessary,
duty of collecting supplies for the army of that irritation which has
heretofore, in many cases, made the duty most unpleasant, and restore'
those kind and agreeable relations which should always exist between
the people and their government. Surely, when such must he the happy
consequence of this measure, the states will speedily adopt it ?
As an auxiliary to the maximum, it is of great importance that the'1
common law offences, of forestalling, regrating and engrossing should be'
made effective. Forestalling is defined to be " the act of buying pro¬
visions before they are offered in market, with intent to sell them at
higher prices." Begrating is "thejpurchas.ing of provisions and selling
them in the same market'." Engrossing is "the buying up of large
68
JOURNAL OF THE SENATE OF VIRGINIA.
quantities of a commodity in order to raise tlie prices." These acts
are all offences at the common law, because enhancing the necessaries of
life and thus committing a publiG wrong. These practices are common
and ought to he suppressed. If the legislature would denounce such
acts'as contrary to public policy, and by a summary remedy, punish all
persons guilty of them, it would relieve the people from the cruel ex¬
tortion to which they are now compelled to submit, and many a poor
family from suffering and want.
.Of a kindred character is the practice of withholding from sale other
articles than provisions with a view of obtaining higher prices at a future
day. The law should compel all persons in possession of articles of
whatever description not needed for their use to offer them for sale.
And to prevent frauds and evasions, such persons should be required to
make out inventories of all such articles, whether they are their own
property or the property of others, wifh the cost price thereof, and to
deliver the same to a board of commissioners, to be provided by law,
who should put their stamp upon each article, and restrict the owners to
a profit not exceeding twenty-five per cent, thereon. I cannot here
give all the details necessary to perfect this scheme, but it is entirely
practicable and would greatly contribute' to the relief of the country.
The auction system, as now conducted, is prejudicial to good morals
and to the country. I regard it as having done more to the prejudice
of our currency than any other known agency, and under our present
circumstances, as an unmitigated evil. Indeed, I regard it as a gigantic
system of gambling under authority of law. I hope it will he speedily
suppressed.
At the special session of the general assembly, a law was passed to
suppress distillation. It was eminently a wise and proper measure. To
effect the objects contemplated by the act, however, breweries should be
suppressed ; and no sale of malt or alcoholic liquors should be permitted,
except, perhaps, by apothecaries, who, under proper regulations, might
be allowed to do so for strictly medicinal purposes.
There are many persons among us, foreigners by birth, consuming
our food, growing rich by speculation and extortion upon us, and yet
denying their obligation to unite in the defence of the country. Al¬
though J. cannot see how such pretensions can be maintained; yet, if
valid under the law noAV existing, the law should be changed, and such
persons should be compelled to perform military duty, or, at any rate,'
to leave the country.
It is a matter of concern to every patriot to see so many able-bodied
men anxious to escape military service, and, to do so, seeking the safe
and easy employments of the government, or leaving the country for
foreign parts. This evil might be, to a considerable extent, corrected
by a rigid enforcement of existing law, the refusal of all passports to
leave the country, and the enactment of such laws by the state and
confederate governments as might be necessary to correct it.
I cannot too earnestly press upon the public consideration the great
importance of organizing the reserved force of the state. Every ele¬
ment of strength, whether of means or men, which is now left to us,
must be combined as an auxiliary to the armies in the field. The con-
JOURNAL or TIIE SENATE OF VIRGINIA.
60
federate government has our entire body of militia under its command,
consisting of the able bodied 111611 of the state, and now proposes to
organize our reserved force. I do not intend, certainly at present, to
raise any question about th^ right to do so, but I confess I should be
much concerned to see it exercised. % sovereign state without a soldier,
and without the dignity of strength—stripped of all her men, and with
only the form and pageantry of power—would, indeed, be nothing more
than a wretched dependency, to which I should grieve to see our proud
old commonwealth reduced. Recent even'ts painfully admonish us, also,
of the necessity of thorough and complete organization, and, I doubt
not, the general assembly will, on reassembling, on the 6 th instant,
promptly relieve us of all uneasiness about the legislation of congress
by the passage of a short, yet comprehensive act, clothing the governor
with full power to organize the reserved force of the state in such
manner as may best promote the public interests, having due regard of
course, to the character and to the limited objects to which it iif?o be
applied. A generous confidence on the part of the general assembly in
the governor, to whom the executive power of the state has been en¬
trusted by the constitution and the people, is, it seems to me, a-consti¬
tutional duty. But, apart from that view of the subject, I respectfully
ask it, because it is impossible for any human forethought to "provide,
by legislation, for the varying circumstances which may occur during
the gigantic war in which we are engaged ; and because I cannot believe
that I can abuse any trust confided to me, or fail tenderly to consider
the feelings and interest of my fellow-citizens in regard to the military
duties which they may be called to perform.
The currency of the country, consisting as it does almost exclusively
^ confederate notes, with which the states and all the people thereof
are indentified, calls for the most careful consideration. It must be
thoroughly reformed. The facility with which it is created, and the
enormous amounts which are daily issued, naturally lead to waste and
extravagance, and inevitably to vice and depravity. Ear better would
it have been had we adopted, at the beginning of this war, a hard
money currencjn A judicious system of loans and of taxation, com¬
bined with our great- staples of cotton, tobacco and naval stores, of
which the government should fyave possessed itself, would have furnished
us such resources as would have liberally supplied our wants and planted
our public credit upon a basis which would have given us the confidence
of the world. It is useless, however, to speculate as to the past. The
practical question is, what is best now to be done ? Virginia is deeply
interested in this question, and, as her governor, I feel it to be my
duty, although with hesitation and diffidence, to express my views upon
this interesting and important question.
First. Provide b}*- law for the issue of one thousand millions of
dollars, at four per centum per annum on that part which takes up the
currency, and six per centum on the residue, with coupons attached:
interest payable in specie or bank- currency.
Second. Declare that the confederate note currency shall cease to
circulate as such, and shall be funded in the bonds authorized to be
issued.
Third. Make the banks of established credit the fiscal agents of the
©
70
JOURNAL OF THE SENATE OF VIRGINIA.
government, to sell at not less than par, all bonds which may he in ex-*
cess of th,e currency to be funded; to issue their own notes as a cur¬
rency, and to transfer, when and where needed, the funds of the
government.
Fourth.' To tax freely; taxes payable in specie, or in the notes of
hanks acting as government agents, or coupons of public, debt.
Fifth. Let the government now take into its possession the cotton,
tobacco and naval 'stores of the country as auxiliaries to loans and taxes.
There can be but little objection to this. It is well known that a
large portion of these articles is in the hands of speculators, who have
grown rich in the midst of general suffering and distress.
This scheme would, I am per.-uaded, act like a charm in the'imme¬
diate renovation of the public credit. In the reduction of the interest
the public will find satisfaction as an evidence of regard to the resour¬
ces qjjkthe country. Besides, those who will own it, will have acquired
the ab^ity to do so by enormous profits} and, at most, it can only be
regarded as a special tax upon the rich, which has numerous precedents,
and which they can well afford to pay.
In the selections of banks, we should have agents of tried and ap¬
proved integrity—thoroughly informed as to the most judicious system
of credits, and with the restoration of a currency now at a heavy pre¬
mium, and with which the people have long been familiar, we should at
once see a revival of confidence that would gladden the heart of every
patriot in the land. It does seem to me that this scheme would open
most auspiciously ; and if sustained by liberal taxation and a judicious
sale of our great staple, would dispel the clouds which hang over and
obscure our financial system and let in a bright and hopeful future.
In aid of any scheme of finance, however, I regard it as of the firsi
consequence that blockade running, as it is termed, should be conducted
by government alone, or by individuals and government combined, and
that nothing should be imported except articles of prime necessity.
The effect would be to prevent a large amount of waste and extrava¬
gance at home—to sharpen our industrial and inventive faculties—and
to accumulate a large amount of sterling exchange abroad.
No business should be tolerated which looks to fluctuations in the
currency of the country and the stocksi of the government for pros¬
perity. Its instincts would naturally seek to aggravate these fluctua¬
tions, while all its powers would be exerted to appropriate and secure
all the advantages incident thereto. An organized money power, ac¬
tively engaged in unsettling the public credit, is a foe greatly to be
dreaded, and should be controlled by the sternest legislation. Perhaps
no currency ever existed which had so many agencies at work for its
destruction as that of the Confederate States. And the new scheme of
currency and finance which will, I presume, soon take the place of that
which now exists, must be strengthened and protected by timely legis¬
lation. As a. part thereof, let all buying and selling of gold and silver,
all dealing in state or confederate currency or the currency of their
respective agencies, all stock-jobbing in state or confederate bonds, all
receipt of federal currency of any description, be prohibited, and let
those violating such law be severely punished.
It is now time to hasten these remarks to an end. I may seem to
JOURNAL OF THE SENATE OF VIRGINIA.
71
have'abandoned some of my old and cherished opinions. But, in advo¬
cating the maximum—-in seeming to approve the policy of limiting, by
law, the price of money, and in proposing to return to the agency of
banks for the management of the public treasure, I renounce no old
and cherished opinions, and only yield to the extraordinary circum¬
stances which surround us.
In the suggestions which I have made, I have looked for the best
means of meeting the peril that is upon us. In the plan which I have
presented, I have contemplated a system, each measure of which is
necessary to the other. It will be observed, that some of them will be
more effective by co-operative legislation, which, on the part of Vir¬
ginia, will never be withheld.
Virginia entered into this war with reluctance; but having entered
into it from a sense of dutv, she does not mean to sheath her sword
until she has won her liberty and independence, or the bones qf her
last son shall lie bleaching on her hilltops. Although .hundreds of
thousands of her people have been overrun by the enemy, their fields
desolated, their homes utterly consumed, in many .cases by fire ; their
stock devoured, destroyed or carried away; their slaves enticed from
their possession, while the blood of their loved ones moisten every
battle-field ; $et, they are unconquered; bright, bold and defiant, they
are still prepared to suffer. We cannot believe that our good God will
allow such adjust -cause as ours to be lost. Much as we have done,
much remains to be done. Let us resolve to make every sacrifice in a
cheerful and hopeful spirit—in short, perform our whole duty, and then,
with the blessings of heaven, we cannot be^subdued.
WM. SMITH.
January 1st, 1864.
On motion of Mr. Johnson the same was laid on the table and the
usual number of copies were ordered to be printed.
An unssuccesful motion was made by Mr. Newman of Mason that the
governor be informed that the senate is ready to receive any further
communication he may think proper to make.
The president laid before the senate a communication from the com¬
missioners of the sinking fund enclosing their report; which, on motion
of Mr. Armstrong, was laid on the table, and with the report was or¬
dered to be printed. (Doc. No. 7.)
No. 15, A bill amending the 9th section of chapter 104 of the Code
of Virginia, in relation to harboring or employing slaves, was read the
third time, and on motion of Mr. Marshall, laid on the table.
No. 16, A bill to amend the 3d section of chapter 7 of the Code of
Virginia, so as to provide for the election of an attorney for the com¬
monwealth in cities where circuit courts are held, was read the third time,
and on motion of Mr. Taylor, laid upon the table.
On motion of Mr. Garrison, the senate adjourned until twelve o'clock
to-morrow.
72
journal of the senate of virginia.
THURSDAY, January 7, 1864.
Prayer by Rev. Dr. Doggett.
The president laid before the senate a communication from Edwin L.
Moore, tendering his resignation as senator from the 81st senatorial
district; which on motion of Mr. Carson, was laid on the table ; and
$n his further motion, the president was directed to issue a writ of elec¬
tion to supply the vacancy.
Mr. Marshall asked for, and obtained leave to introduce
No. 21, A bill supplementary to an act to incorporate the American
agency ; which on his motion was referred to the committee on general
laws. *
On motion of Mr. Coghill,
Resolved, That the committee on military affairs enquire into the
expediency of so enlarging the exemption law as to include a deputy
sheriff and a deputy clerk in each county.
On motion of Mr. Alderson,
Resolved, That the committee on finance enquire into the expediency
of reporting a bill for the relief of Geo. J. Arnold against a judgment
in favor of the commonwealth.
On motion of Mr. Christian of Middlesex,
Resolved, That the committee on finance be instructed t(* enquire into
the expediency of compensating Thomas M. Hundley of the county of
Mathews for certain services rendered as commissioner of the revenue.
No. 19, A. bill providing *an additional appropriation to the Virginia
military institute was taken up, read the third time, and on motion of
Mr. Christian of Middlesex laid on the table.
No. 16, A bill to amend the 3d section of chapter 7 of the Code of
Virginia, so as to provide for the election of an attorney for the com¬
monwealth in cities where circuit courts are held, was taken up on mo¬
tion of Mr. Taylor, who thereupon moved that by general consent the
bill be amended by striking out the word " county," in the 11th line,
and inserting in lieu thereof the word " city." Pending which,
On motion of Mr. Coghill the bill was laid on the table.
No. 20, A bill amending and re-enacting chapter 218 Code of Vir¬
ginia, reorganizing the penitentiary, was taken up, read the third
time, and on motion of Mr. Christian of Middlesex, laid on the table.
On motion of Mr. Spitler, the senate adjourned until to-morrow,
twclve.o'clock.
FRIDAY, January 8, 1864.
Prayer by Rev. Dr. Doggett.
Joseph J. Graham, elected to supply the vacancy in the representa¬
tion from the 41st senatorial district, occasioned by the resignation of
William E. Peters, appeared, and the oaths prescribed by law were ad¬
ministered to him by the clerk, and he thereupon took his seat.
JOURNAL OF THE SENATE OF VIRGINIA. 78
A communication from the house of delegates by their clerk, Was
etui as follows:
In hoi^e of delegates, January 7, 1864.
The house of delegates have pa'ssed a bill entitled an act to amend
;lie 13th section of chapter thirty-four, Code of Virginia, concerning the
Virginia military institute, No. 6; in which they request the concur¬
rence of the senate.
No. 6, House bill entitled an act to amend the 13th section of chap¬
ter 34, Code of Virginia, concerning the Virginia military institute, was
taken up, twice read and referred to the committee on public institutions.
On motion of Mr. Spitler,
Resolved, That leave be given to withdraw from the files of the'
senate, house bill of the last session in relation to the -regulation of
charges of express companies.
On motion of Mr. Alderson,
Resolved, That the eommittee on finance enquire into the expediency
of reporting a bill exempting from taxation all non-commissioned
officers and privates who are in the army of the confederate states.
Mr. Ivefen asked for, and obtained leave to introduce
No. 22, A bill to reorganize the militia; which on his motion was
referred to the committee on military affairs.
On motion of Mr. Carson,
Resolved, That a committee of three bgfcrppointed to tender General
John II. Morgan a seat in the senate chamber,'to be occupied at his
pleasure during his sojourn in the city of Richmond.
The president appointed Messrs. Carson, Bruce and Christian of
Middlesex as said committee.
No. 16, A bill to amend, the 3d section of chapter 7 of the Code of
Virginia, so as to provide for the election of an attorney for the com¬
monwealth in cities where circuit courts are held, was taken up on
motion of Mr. Coghill; and on his further motion the same was amen¬
ded by general consent, and the bill passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
On motion of Mr. Ne^on, the senate adjourned until to-morrow,*
twelve o'clock.
SATURDAY, JANUARY 9, 1864.
Prayer by Rev. Dr. Doggett. -
Mr. . Carson, from the select committee appointed to wait upon Gen.*
John II. Morgan and tender him a privileged seat in the senate cham¬
ber, reported that the committee had performed the duty assigned them,
and that Gen. Morgan expressed his high appreciation of the compli¬
ment, and named Monday next at one o'clock as the time at which he
would be pleased to be introduced to the senate.
No. 15, A bill amending the 9th section of chapter 104 of the Cod#
10
74
JOURNAL OF THE SENATE OF VIRGINIA.
of Virginia, in relation to harboring or employing slaves, was taken up
on motion of Mr. Keen; thereupon,
On motion of Mr. Marshall, the vote by which the bill was ordered
to its engrossment and third reading was reconsidered—when,
Mr. Marshall moved to amend the bill; pending which,
On motion of Mr. Marshall the bill was laid on the table.
Mr. Collier asked for, and obtained leave to introduce
- No. 23, A bill in aid of prompt conscription into the armies of the
Confederate States ; which on his motibn was referred to the committee
for courts of justice.
No. 19, A bill providing an additional appropriation to the Virginia
military institute, was taken up on motion of Mr. Ball, and the question
on the passage thereof being put, was determined in the affirmative—■
ayes 31; noes none.
The vote was recorded as follows :
Ayes—Messrs. Aldrerson, Armstrong, Bales, Ball, Bruce, Carson,
Christian of Middlesex, Coghill, Collier, Dulaney, Garuett, Garrison,
Graham, Guy, Johnson, Jones, Keen, Lewis, Lynch, Marshall, Nash,
Neeson, Newlon, Newman of Madison, Newman of Mason, Quesenberry,
Shriver, Stevenson, Spitler, Taylor and Witten—31.
The title of the bill was then agreed to.
On motion of Mr. Christian of Middlesex, it was
Ordered, That he inform the house of delegates of the passage of
the bill, and request their coj|purrence therein.
On motion of Mr. Alderson, the senate adjourned until Monday,
twelve o'clock.
MONDAY, JANUARY 11, 1864.
Prayer by Rev. Dr. Doggett.
A communication from the house of delegates by their • clerk, was
read as follows:
hi house of delegates, January 9, 1864.
The house of delegates have passed a bill^entitled an act providing
for the payment of tobacco destroyed by fire at the public warehouse,
No. 9.
And have agreed to a resolution asking the return of a bill of the
extra session.
In which bill and resolution they ask the concurrence of the senate.
No. 9, House bill entitled an act providing for the payment of to¬
bacco destroyed by fire at the public warehouse, was twice read and
referred to the committee on. finance.
House resolution requesting the return to that house of a bill enti¬
tled an act authorizing the Confederate States to hold real estate for
mining purposes, No. 87, communicated to the senate in October 1863,
was taken up and agreed to.
On motion of Mr. Keen, it was
JOURNAL OF THE SENATE OF VIRGINIA.
75
Ordered, That he inform the house of delegates thereof, and that he
return the said bill to the house.
Mr. Alderson, from the committee on general laws, reported without
amendment,
No. 15, House bill entitled an act ^o amend the charter of the town
of Ashland 111 Hanover county; which was subsequently taken up, read
the third time and passed with its title.
Ordered, That the clerk communicate the same to the. house of dele¬
gates, and request their concurrence therein.
Mr. Christian of Middlesex, from the committee on public institutions,
reported without amendment,
No. 6, House bill entitled an act to amend the 13th section of chap¬
ter 34 of the C«de of Virginia, concerning the Virginia military insti¬
tute, which was subsequently taken, read the third time, and the ques¬
tion on the passage thereof being put, was determined in the affirma¬
tive—ayes 27 ; noes none.
The vote was recorded as follows:
Ayes—Messrs. Armstrong, Bales, Ball, Branch-, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Dulaney, Gar¬
rison, Graham, Guy, Hart, Johnson, Jones, Keen, Lewis, Marshall,
Neeson, Newlon, Newman of Mason, Shriver, Stevenson, Spitler, Taylor
and Witten—27.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
On motion of Mr. Branch,
Resolved, That the committee for courts of justice enquire what leg¬
islation (general or local) is necessary and proper with respect to the
free negro population of this state.
No. 15, A bill amending the 9th section of chapter 104 of the Code
t)f Virginia in relation to harboring or employing slaves, was taken up
on motion of Mr. Marshall.
Mr. Marshall submitted the following amendment, (modified at the
suggestion of Mr. Armstrong):
" Provided that this act shall not apply to persons residing in coun¬
ties within the lines of the enemy who may employ a slave without the
consent of the owner whilst such counties are under the control of the
enemy."
The question on the adoption of the amendment being put was deter¬
mined in the affirmative—a^es 16 ; noes 11.
On motion of Mr. Newman of Mason, the vote was recorded as
follows:
Ayes—Messrs. Alderson, Armstrong, Ball, Christian of Augusta,
Dulaney, Garrison, Graham, Guy, Hart, Keen, Marshall, Newlon,
Newman of Madison, Newman of'Mason, Randolph and Shriver—16.
Noes—Messrs. Bales, Branch, Coghill, Johnson, Jones, Lewis, Nee¬
son, Stevenson, Spitler, Taylor and Witten—11.
The bill was then ordered to be engrossed and read a third time.
The president laid before the senate a communication from the exec¬
utive, inclosing a communication from the governor of Georgia, together
76
JOURNAL OF THE SENATE OF VIRGINIA.
with certain resolutions adopted by the general assembly of that state,
expressive of the determination of Georgia to prosecute the present war
with the utmost vigor and energy; which, on motion of Mr. Armstrong,
was referred to the committee on confederate relations.
Mr. Taylor asked for and obtained leave to introduce:
No. 24, A bill fpr the assessment of property and licenses, and fixing
the rate of taxation thereon ; which, on his motion, was referred to the
.committee on finance.
On motion of Mr. Coghill, leave of absence was granted to Mr.
Coffman for two weeks from the 7th instant.
At the hour of one o'clock, Gen. John H. Morgan appeared in the
senate chamber, accompanied by the committee of invitation, and was
introduced to the president of the senate by Mr. Carson, chairman of
the committee.
The president then briefly addressed Gen. Morgan, assuring him on
the part of the senate of a cordial welcome in their midst; and Gen.
Morgan returned his thanks to the senate—thereupon,
The chair was vacated and the senators present were personally in¬
troduced to him.
The president having resumed the chair,
On motion of Mr. Ball, the senate adjourned until to-morrow, twelve
.o'clock.
TUESDAY, JANUARY 12, 1864.
Prayer by Rev. Dr, Doggett.
Mr. Coghill, from the committee for courts of justice, presented—
No. 25, A bill to amend the 7th section of chapter 165 of the Code
£>f Virginia, so as to increase the compensation of attorneys for tlifc
.commonwealth in the circuit courts, which was subsequently taken up,
read the first time, and ordered to be read a second time.
Mr. Carson, from the committee on military affairs, presented
No. 26, A bill for the payment of Alfred Beckley, on account of
services performed by him as brigade inspector of the 27th brigade of
Virginia militia, which was subsequently taken up, read the first time,
and ordered to be read a second time.
Mr. Johnson, from the committee on roads and internal navigation,
Reported, with an amendment,
No. 60, House bill entitled an act to amend the 1st section of an
act passed April 12th, 1852, entitled an act to authorize the construction
.of the Wytheville and Grayson turnpike, and to make branches thereof
to the lead mines of Wythe county, and Hillsville, in Grayson county.
Subsequently the bill was taken up, and the question being on the
adoption of the amendment,
On motion of Mr. Johnson, the bill was laid on the table.
Mr. Taylor asked for, and obtained leave to introduce
No. 27, A bill to amend and re-enact the 1st section of an act en¬
titled an act to authorize fiduciaries to invest funds in their hands in
JOURNAL OF THE SENATE OF VIRGINIA.
77
certain cases, and for other purposes, passed March 5th, 1863; which,
on his motion, was refei'red to the committee for courts of justice; and
No. 28, A bill to amend and re-enact an act authorizing the court of
appeals to hold its sessions at other places than at Lewisburg, passed
March 12th, 1863; which, on his motion was referred to the committee
for courts of justice.
On motion of Mr. Qucsenberry,
Resolved, That the committee on finance enquire into the expediency
of passing a law requiring the immediate redemption of all the outstand¬
ing treasury notes of the commonwealth.
On motion of Mr. Alderson,
Resolved, That the committee on general laws enquire into the ex¬
pediency of reporting a bill appropriating dollars for the educa¬
tion of disabled soldiers, and the sons of those killed and who have
died in the service of their cbuntry; 'and said appropriation to be ex¬
pended at those institutions where the most special attention will be
given, and economical provisions made for the education of such persons.
On motion of Mr. Stevenson,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of amending and re-enacting section 5th of
an act entitled an act to provide for the appointment of general agents
and storekeepers for counties and corporations, passed October 27th,
1863, so as to require sub-agents to execute bonds in the same manner
and under the same regulations as is required of general agents and
storekeepers.
On motion of Mr. Christian of Augusta,
Resolved, That the committee on roads and internal navigation en¬
quire what legislation is necessary to secure the more prompt transmis¬
sion and delivery of telegraphic dispatches.
No. 15, A bill amending the'Oth section of chapter 104 of the Code
of Virginia, in relation to harboring or employing slaves, was taken up ;
thereupon,
On motibn of Mr. Keen, the vote by which the bill was ordered to its
engrossment and third reading was reconsidered; and on motion of Mr.
Guy, the amendment of Mr. Marshall, heretofore adopted, was recon¬
sidered ; and on his further motion, the said amendment was amended by
adding the following at the end thereof: "if in any such case it shall
appear that the employment was in good faith and without any purpose
of interfering with the rights of the owner."
And the question recurring and being put on the adoption of the
amendment as amended, was determined in the negative—on division—
ayes 18; noes 18.
The bill was then ordered to be engrossed and read a third time.
A message was received from the house of delegates by Mr. Haymond,
who informed the senate that that house had passed a bill entitled an
act amending and re-enacting chapter 213 of the Code of Virginia, re¬
organizing the penitentiary, No. 1, wdiich was subsequently taken up,
twice read, and referred to the committee on public institutions.
No. 7, A bill for the relief of families of soldiers living* in counties
within the lines or under the control of the enemy, was taken, up on mo-
78
JOURNAL OF THE SENATE OF VIRGINIA.
tion of Mr. Armstrong; and the question being on the adoption of the
substitute proposed by the .committee for courts of justice,
On motion of Mr. Coghill*, the same was amended in the first section
by striking out the words "one million of" and inserting in lieu thereof
the words "five hundred thousand."
On motion of Mr. Lynch, the same section was amended by inserting
in the third line, before the word "families," the word "needy."
The substitute as amehded was then adopted, and the bill as amended
was then ordered to be engrossed and read a third time.
No. 17, A bill allowing additional compensation to certain officers of
the government was taken up on motion of Mr. Dickinson, and on his
further motion, the same was., amended (by general consent) by inserting
the words "and other" before the word "allowances," in the thirteenth
line.
On motion of Mr. Christian of Middlesex, the vote by which the bill
was ordered to its engrossment and third reading, was reconsidered.
On motion of Mr. Johnson, the bill was amended by adding at the
end o'f the first section the words " and the auditor of public accounts is
hereby required to allow the clerk of the house of delegates and clerk
of the senate such additional per centage as will make the salary of the
former forty-five hundred and fifty dollars, and that of the latter forty-
three hundred and fifty dollars: provided, that the said last mentioned
officers shall not be entitled to any other compensation out of the public
treasury; and provided that this compensation shall extend only to the
31st December 1864."
On motion of Mr. Christian of Middlesex, the bill was further amended
by adding at the end of the first section the words "in addition to the
increase hereinbefore mentioned, the first assistant keeper of the peni¬
tentiary shall be allowed the sum of five hundred dollars,.and the others
each the sum of four hundred and seventy dollars, for the year ending
the 31st December 1864, to be paid out of the profits of the institution;
but if the profits shall not be sufficient to pay each the sum aforesaid,
they shall be paid pro rata.
The bill as amended was then ordered to be engrossed and read a
third time.
On motion of Mr Keen, the senate adjourned until to-morrow, twelve
o'clock.
WEDNESDAY, JANUARY 12, 1864.
Prayer by Rev. Dr. Doggctt.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, January 12, 1864.
The house of delegates have passed, with an amendment, senate bill
entitled an act to authorize the admission of wills to recosd upon proof
of the handwriting of the attesting witnesses in certain cases, No. 5.
They have passed bills entitled an act abolishing the board of direc-
JOURNAL OF THE SENATE OF VIRGINIA.
79
tors of the Eastern lunatic asylum and conferring the powers of the
same on the governor of the commonwealth, No. 4; and an act authori¬
zing railroad companies and other corporations to pay their indebted¬
ness to the commonwealth in a certain manner, No. 16.
In which amendment and bills they respectfully request the concur¬
rence of the senate.
No. 5, A bill to authorize the admission of wills to record upon proof
of the handwriting of the attesting witnesses in certain cases, with the
amendment of the house, was taken up and the amendment agreed to.
Ordered, That the clerk inform the house of delegates thereof.
No. 4, House bill entitled an act abolishing the board of directors of
the Eastern lunatic asylum and conferring the powers of the same on
the governor of the commonwealth, was twice read and referred to the
committee on public institutions.
No. 16, House bill entitled an act authorizing railroad companies
and other corporations to pay their indebtedness to the commonwealth
in a certain manner, was twice read, and on motion of Mr. Brannon,
referred to the committee o.n finance.
On motion of Mr. Brannon,
Mr. Hart was added to the committee on finance.
The president added Mr. Graham to the committee of privileges and
elections.
Mr. Christian of Middlesex, from the committee on public institutions,
reported with an amendment,
No. 1, House bill entitled an act amending and re-enacting chapter
218 of the Code of Virginia, reorganizing the penitentiary.
Subsequently the bill was taken up and the amendment agreed to.
•The bill was then read the third time, and the question on the pas¬
sage thereof being put, was determined in the affirmative—ayes 27;
noes 6.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Brannon,
Carson, Christian of Augusta, Christian of Middlesex, Hay, Douglas,
Dulaney, Garnett, Garrison, Graham, Guy, Hart, Jones, Lewis, Logan,
Lynch, Marshall, Neeson, Newman of Mason, Stevenson, Taylor and
Wile}*—27.
Noes—Messrs. Coghill, Nash, Newlon, Quesenberry, Shriver and
Witten—6.
On motion of Mr. Christian of Middlesex, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence in the amendment.
And he from the same committee presented
No. 27, A bill for the relief of Wm. R. C. Douglas, late steward of
the Eastern lunatic asylum, which was subsequently taken up, read the
first time and ordered to be read a second time.
On motion of Mr. Newman of Mason,
Resolved, That the resolution referred to the committee on military
affairs at the late extra session, directing them to enquire into, and re¬
port the condition of the ordnance department of the commonwealth,
80
journal of the senate of Virginia.
together with the partial report thereon, he referred hack to said com"
mittee with the request that they report fully on the subject.
No. 15, A bill amending the Otli section of chapter 104 of the Code
of Virginia in relation to harboring and employing slaves, was taker,
up, read the third time and passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
On motion of Mr. Day,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of repealing the law exempting justices of the peace and com¬
missioners of the revenue from military service, embracing those be¬
tween the ages of 18 and 45.
On motion of Mr. Day,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of repealing the law exempting militia officers from service in
the army of the Confederate States.
On motion of Mr. Guy,
Resolved, That it be referred to the committee for courts of justice,
to enquire into the expediency of so amending the 17th section, chapter
132 of the Code of Virginia, (1860) in reference to the settlement of
fiduciaries' accounts, as not to require a settlement to take place under
that section, for any time for which the fiduciary has previously made a
lawful settlement of his accounts.
On motion of Mr. Christian of Augusta,
Resolved, That t.he committee on roads and internal navigation en¬
quire into the expediency of repealing all appropriations made previous
to the existing war to internal improvement companies which never or¬
ganized.
No. 7, A bill for the relief of families of soldiers living in counties
within the lines or under the control of the enemy, was taken up, read
the third time, and the question on the passage thereof being put, was
determined in the affirmative—ayes 35; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Brannon,
Carson, Christian of Augusta, Christian of Middlesex, Coghill, Day,
Dickinson, Douglas, Dulaney, Garuett, Garrison, Graham, Guy, Hart,
Jones, Lewis, Logan, Lynch, Marshall, Nash, Neeson, Newlon, New¬
man of Mason, Qucsenberry, Randolph, Shriver, Stevenson, Taylor,
"Wiley and Witten—35.
The title of the bill was then agreed to.
On motion of Mr. Armstrong, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence therein.
No. 17, A bill-allowing additional compensation to certain officers of
the government, was taken up and read the third time. Thereupon,
On motion of Mr. Brannon (by general consent) the bill was amended
by striking out in the ninth line the words "Virginia or".
The question on the passage of the bill being put, was determined in
the affirmative—ayes 29 ; noes none.
The vote was recorded as follows:
JOURNAL OP THE SENATE OF VIRGINIA.
81
Ayes—Messrs. Alderson, Armstrong, Ball, Brannon, Carson, Chris¬
tian of Augusta, Christian of Middlesex, Coghill, Day, Dickinson,
Douglas, Dulaney, Garnett, Graham, Garrison, Guy, Hart, Jones, Lewis,
Logan, Marshall, Nash, Neeson, Newihan of Mason, Quesenberr.y, Shri-
ver, Stevenson, Taylor and Wiley—29.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 26, A bill for the payment of Alfred Beckley, on account of ser¬
vices performed by him as brigade inspector of the 27th brigade of Vir¬
ginia militia, was taken up, read the second time, and ordered to be en-
grossedand read a third time.
On motion of Mr. Garnett, the senate adjourned until to-morrow,
twelve o'clock.
THURSDAY, JANUARY 14, 1864.
Prayer by the Rev. Dr. Doggett.
Mr. Coghill from the committee for courts of justice, presented
No. 28, A bill to suppress trade combinations; which was subsequently
taken up, read the first time, and ordered to be read a second time.
Mr. Douglas from the committee on military affairs, submitted a re¬
port asking to be discharged from the further consideration of a reso¬
lution enquiring into the expediency of repealing the law exempting
militia officers from service in the army of-the Confederate States;
which was subsequently taken up and agreed to.
On motion of Mr. Lewis,
Resolved, That the committee on finance enquire whether any war¬
rants on the treasury of the commonwealth for coupons, and other interest
on state bonds, or for salaries or other claims due by the commonwealth
of Virginia, are or have been held or horded by creditors beyond a
reasonable time before presentation for payment, or are sold by such
creditors for a premium, thereby making a trafic of them in market;
and that said committee further enquire into the expediency of limiting
by law the time within which warrants issued on the treasury shall be
presented for payment.
On motion of Mr. Dickinson,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of so amending the exemption law as to include inspectors of
tobacco.
On motion of Mr. Lewis,
Resolved, That the auditor of public accounts be requested to inform
this house what amount of Virginia treasury notes are outstanding, and
also "what number of warrants on the treasury are outstanding for a
period of thirty days or longer from the day of their date, distinguish¬
ing, if practicable, between those issued for interest on state bonds and
11
82
JOURNAL OF THE SENATE OF VIRGINIA.
those issued for payment to creditors on account of salaries or other
claims.
On motion of Mr. Collier,
Resolved, That the committee for courts of justice enquire and re¬
port, by bill or otherwise, whether any, and what legislation is requisite
to preserve and enforpe the privilege of the writ of habeas corpus.
On motion of Mr. Collier,
Resolved,'That the committee on confederate relations enquire and
report whether there is constitutional competency in the government of
the Confederate States to pass any law to suspend the privilege of the
writ of habeas corpus, so as to restrain a state judge from awarding the
writ, in a proper case, to a citizen of this state, who alleges in his peti¬
tion that he is illegally detained in custody under color of the confede¬
rate authority.
No. 26, A hill for the payment of Alfred Reckley, on account of ser¬
vices performed by him as brigade inspector of the 27th brigade of Vir¬
ginia militia, was taken up, read the third time, and the question on the
passage of the hill being put, wTas determined (for want of a constitu¬
tional majority) in the negative—ayes 19; noes 14.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Branch, Brannon, Bruce, Carson, Christian
of Augusta, Day, Douglas, Graham, Guy, Lewis, Logan Marshall, New¬
man of Mason, Saunders, Shriver, Stevenson, Taylor and Wiley—19.
Noes—Messrs. Bales, Ball, Christian of Middlesex, Coghill, Collier,
Dulaney, Garrison, Jones, Lynch, Nash, Newlon, Newman of Madison,
Randolph and Witten—14.
On motion of Mr. Garrison, the vote by which the bill was rejected
was reconsidered; and on motion of Mr. Alderson, the hill was laid on
the table.
No. 60, House bill entitled an act to amend the 1st section of an act
passed April 12th, 1852, entitled an act to authorize the construction of
the Wytheville and Grayson turnpike, and to make branches thereof to
the lead mines of Wythe county, and Hillsville, in Grayson county, with
the amendment proposed by the committee on roads and internal navi¬
gation, was taken up on motion of Mr. Taylor; and on his further mo¬
tion the amendment was amended by striking out so much as authorizes
the board of public works to borrow the money, and inserting in lieu
thereof the following:
"The amount so subscribed by the said board shall be paid by the
treasurer upon the order of the board of public works, out of any money
in the treasury not otherwise appropriated."
The bill, as amended, was then read the third time, and on motion of
Mr. Marshall, laid on the table.
On motion of Mr. Newman of Mason, leave of absence was granted
Mr. Graham for one week from Monday next, 18th instant.
On motion of Mr. Douglas, the senate adjourned until to-morrow,,
twelve o'clock-
-JOURNAL OF THE SENATE OF VIRGINIA.
83
FRIDAY, JANUARY 15, 1864.
Prayer by Rev. Dr. Doggett.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates,1January 14, 1864.
The house of delegates have agreed to the amendment proposed by
the senate to house bill entitled an act amending and re-enacting chapter
21p of the Code of Virginia, reorganizing the penitentiary, No. 1.
And they have passed a bill entitled an act releasing the common¬
wealth's claim to certain land to Matthew Sylvia, No. 19; in which they
respectfully request the concurrence of the senate.,
No. 19, House bill entitled an act releasing the commonwealth's claim
to certain land to Matthew Sylvia, was twice read and referred to the
committee for courts of justice.
Mr. Brannon, from the committee on finance, reported with amend-
• ments,
No. 9, House bill entitled an act providing for the payment of to¬
bacco destroyed by fife at the public warehouse, which was subsequently
taken up and the amendments proposed by the committee were agreed to.
The bill as amended was then read the third time, and the question
on the passage thereof being put, was determined in the affirmative—
ayes 28 ; noes 1.
The vote was recorded as follows :
Ayes—Messrs. Armstrong, Bales, Ball, Brannon, Bruce, Carson,
Christian of Augusta, Day, Dickinson, Dulaney, Garnett, Garrison,
Hart, Jones, Lewis, Logan, Lynch, Marshall, Nash, Newman of Madi¬
son, Newman of Mason, Quesenberry, Randolph, Saunders, Stevenson,
Taylor, Wiley and Witten—28.
Noes—Mr. Guy—1.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence in the amendments.
And he from the same committee, presented
No. 29, A bill 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, which was subsequently taken up, read the first time and
ordered to be read a second time; and
No. 30, A bill for the relief of Wm. A. Braxton of King William
county, which was subsequently taken up, read the first time, and or¬
dered to be read a second time.
Mr. Christian of Augusta- presented a memorial of the board of
trustees of the Virginia female institute at Staunton, Virginia; which
on his motion was referred to the committee on public institutions.
On motion of Mr. Coghill,
Resolved, That so much of the governor's annual message as refers
to the.recent requisition made on him by the president of the Confede¬
rate States for slaves to work on fortifications, be referred to the com¬
mittee for courts of justice.
84
JOURNAL OF THE SENATE OF VIRGINIA.
On motion of Mr. Dickinson,
Resolved, That the committee of privileges and elections enquire into
the expediency of providing by law for voting by soldiers in camp and
by refugees' in all general or special elections for county officers.
No. 25, A bill to amend the 7th section of chapter 165 of the Code
of Virginia, so as to increase the compensation of attorneys for the
commonwealth in the circuit courts, was taken up and read the second
time.
On motion of Mr. Nash, the bill was amended so as to include the
commonwealth's attorney for the city of Petersburg.
On motion of Mr. Armstrong, the bill was laid on the table.
No. 27, A bill for the relief of Wm. R. C. Douglas, late steward of
the Eastern lunatic asylum, was taken up, read the second time and
ordered to be engrossed and read a third time.
No. 28, A bill to suppress trade combinations, was taken up, read the
second time and ordered to be engrossed and read a third time.
Mr. Dickinson asked for, and obtained leave to introduce
No. 31, A bill to amend and re-enact an act passed 14th May 1862,
entitled an act to punish purchasers of property falsely representing
themselves authorized to impress or purchase the same; which, on his
motion, was referred to the committee for courts of justice.
On motion of Mr. Carson, the senate adjourned until to-morrow,
^twelve o'clock.
SATURDAY, JANUARY 16, 1864.
Prayer by Rev. Dr. Doggett.
Mr. Randolph, from the committee on military affairs, reported
No. 32, A bill to reorganize the militia; which, on his motion, was
taken up, read the first time and ordered to be read a second time.
.On motion of Mr. Newman of Mason,
Resolved, That the committee on finance enquire into the expediency
of appropriating two hundred thousand dollars to buy cotton for distri¬
bution, at cost, to such citizens of Virginia as will have it manufactured
into cloth.
On motion of Mr. tBranch,
Resolved, That the committee for courts of justice enquire what
legislation is necessary for the safe keeping and preservation of the
records and papers of the county court of James city, and circuit court
of the city of Williamsburg and county of James city.
Mr. Garrison presented the petition of Milfr W. Fisher, complaining
of the action of the superintendent of salt works in making certain al¬
leged illegal impressments ; which was read, and on motion of Mr. Gar¬
rison, referred to the committee for courts of justice: and in connection
therewith offered the following resolution, which was adopted :
Resolved, That the committee for courts of justice enquire whether
or not the superintendent of the salt works has transcended the powers
given to him by the act of the 30th March 1863, so far as the same re-
JOURNAL OP THE SENATE OP VIRGINIA.
85
lates to impressments; and also whether any legislation is necessary to
compel the said Superintendent to carry out in good'faith the contracts
and liabilities which have been entered into and assumed^y Stuart,
Buchanan & Co., as to the property which was transferred Dy them to
the state.
No. 27, A bill for the relief of Wm. R. C. Douglas, late steward of
the Eastern lunatic asylum, was taken up, read the third time, and the
question on the passage thereof Wng put, was determined in the affirma¬
tive—ayes 31; noes none.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Brannon,
Carson, Christian of Middlesex, Coghill, Collier, Day, Dickinson, Du-
laney, Frazier, Garrison, Graham, Guy, Hart, Jpnes, LeAvis, Lynch,
Marshall, Nash, Neeson, Newlon, Newman of Madison, Newman of
Mason, Quesenberry, Stevenson, Wiley and Witten—31.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 28, A bill to suppress trade combinations, was taken up, read the
third time, and on motion of Mr. Coghill, laid on the table.
No. 29, A bill authorizing the payment of a sum of money to Lee
A. Dunn of King William county, for extra copies of his land and
property books, was taken up, read the second time and ordered to be
engrossed and read a third time.
No. 30., A bill for the relief of Wm. A. Braxton of King William
county, was taken up, read the second time, and ordered to be engrossed
and read a third time.
On motion of Mr. Nash, the senate adjourned until Monday, twelve
o'clock.
MONDAY, JANUARY 18, 1864.
Prayer by Rev. Dr. Ryland.
Mr. Legan from the committee on general laws,•submitted a report
declaring it inexpedient to grant the prayer of William J. Clark, asking
to be relieved from a fine imposed on him for violation of the law against
the distillation of grain.
Mr.* Christian of Middlesex, from the committee on public institutions,
reported without amendment,
No. 4, House bill entitled an act abolishing the board of directors of
the Eastern lunatic asylum, and conferring the powers of the samp on
the governor of the commonwealth; which was subsequently taken up,
and on motion of Mr. Christian of Middlesex, laid on the table.
No. 29, A bill 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, was taken up, read the third time, and the question on the
passage thereof being put was determined in the affirmative—ayes 32;
noes none.
86
JOURNAL OF THE SENATE OF VIRGINIA.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Brannon, Bruce,
Carson, Cjp'istian of Augusta, Christian of Middlesex, Collier, Day,
Dickinson, Dulaney, Frazier, Garrison, Guy, Hart, Jones, Logan,
Lynch, Marshall, Nash, Neeson, Newlon, Newman of Madison, Newman
of Mason, Saunders, Shriver, Stevenson, Spitler, Taylor and Witten—32.
The title of the hill was then agreed to.
Ordered, That the clerk, communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 30, A bill for the relief of William A. Braxton, of King William
ctmnty, was taken up, read the third time, and on motion of Mr. Bran¬
non, laid on the table.
Mr. Brannon from the committee on finance, presented the following
resolution:
Resolved, That the auditor of public accounts be requested to report
to the senate the amount of funds now to the credit of the common¬
wealth, from all sources, and to accompany his report with an estimate
of the amount that will probably be realized from the unpaid portions
of the revenue of 1863, including an estimate for the amount that will
be realized from the investments of the commonwealth within the pre¬
sent fiscal year.
The resolution was taken up and agreed to.
On motion of Mr. Newman of Mason,
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the act passed March 26th, 1863, to provide
for voting by persons in the military service and persons absent from
their respective counties and corporations, on account of the presence of
the public enemy, in elections for members of congress, and foi gov¬
ernor, lieutenant governor and attorney general, and for members of the
general assembly, and to amend and re-enact the 3d section of chapter
eight of the Code of Virginia, (edition of I860,) as t§ provide for the
filling of vacancies in the judiciary or other county or district officers.
On motion of Mr. Taylor,
Resolved, That the committee on confederate relations be instructed
to confer Avith the confederate authorities, and ascertain if any arrange¬
ments can be made Vith said authorities to furnish the families of sol¬
diers and sailors from the state of Virginia in the confederate service
Avitli a sufficient supply of cotton yarn and cotton cloths for their own
consumption, and if so, upon what terms they" can be supplied, and
Avhat legislatian Avill be necessary to carry out such arrangement when
made.
On motion of Mr. Collier,
Resolved, That it be referred to the committee on military affairs to
enquire and make report, by bill or otherwise, Avliether it is expedient to
authorize the governor, under suitable proA'isons to be prescribed by
such bill, to raise, organize and arm a military force of volunteers of
not less than fifteen or more than thirty thousand men, who shall be
held in readiness to be, and Avho Avill be in Richmond, for the defence of
the capital of the Confederate States, Avhcnever the enemy shall arrive
there or be in the vicinity, at any time during this war.
JOURNAL OP THE SENATE OP VIRGINIA.
8T
On motion of Mr. Dulaney,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of amending the exemption laws of the state.
On motion of Mr. Dulaney, the senate adjourned until to-morrow,
twelve o'clock.
TUESDAY, JANUARY 19, 1864.
Prayer by Rev. Dr. Ryland.
Mr. Carson from the committee on military affairs, submitted a report
asking to be discharged from the further consideration of a resolution
enquiring into the expediency of providing by law adequate pains and
penalties for the prevention of frauds by persons purchasing commis¬
sary and quartermaster's stores, falsely representing themselves as offi¬
cers or agents of the government.
The said report was taken up and concurred in.
Mr. Neeson presented a petition of John M. Forbes, assistant super¬
intendent of Virginia state salt works, praying that certain papers may
be read and referred to the committee for courts of justice, with the
memorial of Myers \Y. Fisher, on the subject of his slaves.
The papers were read, and on motion of Mr. Neeson, referred to the
committee for courts of justice.
Mr. Christian of Augusta, asked for, and obtained leave to introduce
No. 83, A bill incorporating the Virginia porcelain and earthen¬
ware company, in the county of Augusta; which on his motion, was
read the first time and ordered to be read a second time; and on his
further motion, (two-thirds concurring,) was read the second time;
and on motion of Mr. Armstrong, was referred to the committee on
general laws.
On motion of Mr. Frazier,
Resolved, That the committee on military affairs be instructed to en¬
quire into the expediency of providing by law that the duties of provost
guards and guards for railroad and other bridges in the state, now per¬
formed by detailed soldiers, shall hereafter, with the concurrence of the
war department of the Confederate States, be performed by the state
militia not subject to confederate conscription.
2d. That said committee confer with the secretary of war and ascer¬
tain to what extent incumbents in the commissary department and in
the quartermaster's department who are within the military age may,
without detriment to the public service, be relieved of those administra¬
tive functions, and allowed to take the field—their places to be supplied
by men over forty-five years of age.
Mr. Armstrong offered the .following joint resolutions which lie over
under the rules:
Resolved, That the general assembly of Virginia, deeply impressed
with the importance of the most energetic and vigorous preparations for
the ensuing campaign, and determined now, as ever, that the whole re-
88
JOURNAL OF TEE SENATE OF VIRGINIA.
sources of the state shall be employed in the prosecution of the war
until our independence is recognized and established, yet firmly con¬
vinced that the passage by congress of an act extending the provisions
of the conscription act to persons between the ages of sixteen and fifty-
five years would be unwise and most injurious in its effects, and that all
the military ends proposed to be attained by it can be far better at¬
tained by the organization of such persons under state laws, do most
earnestly remonstrate against the passage by the confederate congress
of any such law.
Resolved, That a copy of the above resolution be communicated to our
senators and representatives, to be by them laid before congress, and
that they be requested, to use their utmost efforts to prevent the passage
of said law.
On motion of Mr. Armstrong, the rules were suspended for the pur¬
pose of taking up and considering the resolutions to-day; and on his
' further motion, the same were referred to the committee on confederate
relations.
Mr. Carson presented the petition of "Washington G. Singleton, pray¬
ing the passage of an act making an allowance to him for office rent
and fees as clerk of the district court for the sixth judicial district;
which on his motion, was referred to the committee on general laws.
Report of committee on general laws declaring it inexpedient to grant
the prayer of the petition of William J. Clarke, asking to be relieved
from a fine imposed on him for violation of the law against the distilla¬
tion of grain, was taken up and concurred in.
No. 60, House bill entitled an act to amend the first section of an
act passed April 12th, 185-2, entitled an act to authorize the con¬
struction of the Wytheville and Grayson turnpike, and to make branches
thereof to the lead mines of Wythe county, and Hillsville, in Grayson
county, was taken up on motion of Mr. Taylor, and on his motions the
vote, ordering the third reading of the bill was reconsidered, and the hill
recommitted to the committee on roads and internal navigation.
On motion of Mr. Newman of Mason, the senate adjourned until to¬
morrow, twelve o'clock.
WEDNESDAY, JANUARY 20, 1864.
Prayer by Rev. Dr. Ryland.
The president laid before the senate a communication from the gover¬
nor, calling the attention of the general assembly to the case of Ferdi¬
nand A. Winston, a justice of the peace for the county of Floyd, arres¬
ted for uttering disloyal sentiments, and enclosing papers in relation
thereto; which on motion of Mr. Taylor, was referred to a committee
consisting of Messrs. Taylor, Marshall, Lewis, Collier and Stevenson.
On motion of Mr. Taylor,
Resolved, That a select committee of five members be appointed to
investigate the charges against F. A. Winston, a justice of the peace
JOURNAL OF THE SENATE OF VIRGINIA.
89
for Floyd county, and report specially whether or not his commission-
as a justice shall be vacated.
The president appointed the committee above named.
Mr. Logan from the committee on general laws, presented
No. 84, A bill for the relief of Washington G. Singleton, which was"
taken up, read the first time, and ordered to be read a second time.
And lie from the same committee, reported without amendment
No. 33, A bill incorporating the Virginia porcelain and earthenware
company, in the county of Augusta; which was ordered to be engrossed
and read a third time.
Mr. Coffman from the committee on finance, presented—
No. 35, A bill limiting the time for the payment of interest on cer-~
tain bonds of the commonwealth; which was taken up, read the first
time, and ordered to be read a second time; and
No. 36, A bill to amend the 15th section of chapter 45" of the Code
of Virginia, so as to limit the time for the payment of certain claims
against the commonwealth; which was taken up, read the first time,
and ordered to be read second time.
On motion of Mr. Jones,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of providing by law for the appointment of an agent whose
duty it shall be to collect the names, with the rank, company, regiment,
&c., of all Virginia soldiers who have been, or may hereafter be mustered1
into the service of the Confederate States, and transcribe the same into-'
suitable books of record, to be preserved as mementoes in- the archives
of the state.
On motion of Mr. Guy,
Resolved, That the president of the senate appoint a" Special com¬
mittee of five members to whom it shall be referred to enquire and re¬
port what legislation it may be in their judgment expedient for the gen-"
eral assembly to adopt with a view to develop and encourage domestic*
manufactures, and especially how far it may be in the power of the
legislature to promote that object by placing within the reach of the*
pfeople the means of procuring such implements and machinery as "may
be needed.
The president appointed Messrs. Guy, Marshall, Frazier, Jones and
Taylor as said committee.
On motion of Mr. Christian of Augusta, the senate adjourned until-
to-morrow, twelve o'clock.
THURSDAY, JANUARY 21, 1864:
Prayer by Rev. Dr. Ryland.
A communication from the house of delegates by their clerk, tvaff
read as follows
In house of delegates, January 20,1864.
The house of delegates have passed Senate bill entitled-an act amenda-
12
90
JOURNAL OF THE SENATE OF VIRGINIA.
tory of tlie act passed October 27th, 1863, entitled an act to authorize
the arrest of deserters by the civil authorities, No. 6. ,
And they have passed a bill entitled an act amending and re-enacting
the 7th section of chapter 165 of the Code of Virginia, (edition of
I860,) No. 20; in which they request the concurrence of the senate.
No. 25, House bill entitled an act amending and re-enacting the 7th
section of chapter 165 of the Code of Virginia, (edition ot I860,) was
twice read and referred to tbe committee for courts of justice.
The president laid before the senate a communication from the auditor
of public accounts, in response to a resolution calling for a statement
of the amount of funds now to the credit of the commonwealth, &c.;
which, on motion of Mr. Lynch, was referred to the committee on
finance, and ordered to be printed. Doc. No. 8.
Mr. Brannon from the committee on finance, reported, with, an amend¬
ment,
No. 16, House bill entitled an act authorizing railroad companies
and other corporations to pay their indebtedness to the commonwealth
in a certain manner; which was subsequently taken up and the amend¬
ment agreed to.
The bill was then read the third time, and the question on the passage
thereof being put, was determined in the affirmative—ayes 38; noes
none.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Brannon, Bruce,
Carson, Christian of Augusta, Christian of Middlesex, Coghill, Coffman,
Day, Dulaney, Brazier, Garnett, Garrison, Guy, Hart, Jones, Lawson,
Lewis, Logan, Lynch, Marshall, Nash, Neeson, Newlon, Newman of
Madison, Newman of Mason, Quesenberry, Randolph, Saunders, Shri-
ver, Stevenson, Spitler, Taylor, Wiley and Witten—38.
And he from the same committed, presented
No. 37, A bill for the relief of George J. Arnold, commissioner of
forfeited and delinquent lands for the county of Gilmer; which was
subsequently taken up, read the first time, and ordered to be read a se¬
cond time.
On motion of Mr. Neeson,
Resolved, That the committee for courts of justice enquire into the
expediency of providing redress to loyal citizens who have been or may
be injured by seizure of their property by any usurped power for pre¬
tended taxes or other claims.
On motion of Mr. Wiley,
Resolved, That the committee on confederate relations be instructed
to enquire into the'expediency of conferring with the president of the
Confederate States as to the propriety of sending additional forces into
the southwestern portion of this state, for the protection of the manu¬
factories of iron, salt, and other mineral and agricultural products.
No. 33, A bill incorporating the Virginia porcelain and earthenware
company, in the county of Augusta, was taken up, read the third time,
and passed with its title.
On motion of Mr. Christian of Augusta, it was
JOURNAL OF THE SENATE OF VIRGINIA.
91
Ordered. That he inform the house of delegates of the passage of the
"bill, and request their concurrence therein.
No. 81, A hill for the relief of Washington G. Singleton, was taken
up, read the second.time, and ordered to he engrossed and read a third
time.
Mr. Marshall offered the following preamble and joint resolution,
which lie over under the rules :
Whereas, it is within the province of the state governments in the
sphere'of action allotted them under the system of confederation they
have adopted, freely to consider the policy of the confederate govern¬
ment on all measures affecting the interests of the people, and to give
full expression to the views they may entertain of such policy in the
form of instructions to their senators in the congress of the Confederate
States: •
And whereas, the armie^ of "the Confederate States, unlike the
armies of other governments, are composed of the citizens in mass be¬
tween certain ages, and embrace in their rank and file a full share of
Ahe moral and intellectual power of the country, and it" is eminently
fitting that the highest grades of promotion for individual valor and, for
extraordinary military skill and adventure, should be placed within the
reach of high merit in whatever rank of service it may have been ex¬
hibited :
And whereas, promotion in the confederate armies from lower to
higher commissions for extraordinary valor and capacity, are virtually
forbidden by the construction given to the 10th section of the conscript
act, whilst the same construction of said act has barred the doors of all
hope of promotion for any merit, however distinguished, exhibited by
the rank and file of our gallant armies: .
And whereas, such policy in the governance of the confederate armies
is, in the judgement of the general assembly of Virginia, destructive of
the military spirit of the confederate service—it is oppressive to the
higher m:rit in inferior commission—it is hopelessly unjust to the gal¬
lant private, and represses all motive to a brave adventure—it crushes
emulation in the public service—in fine, it blunts the sensibilities and
deadens the enterprise of our citizen soldiers:
Be it therefore resolved by the general assembly of Virginia, That
the senators from this state in the confederate congress be and are
hereby instructed to use their best efi'orts to have a law passed declara¬
tory of the true intent of the said 10th section of the conscript act,
which shall place rank and honor within the reach of high merit, re¬
gardless of the humble rank in which such merit may be illustrated.
On motion of Mr. Marshall, the rules were suspended, and the pre¬
amble and resolution were taken up and referred to the committee on
military a flairs.
Mr. Marshall submitted the following'resolution:
Resolved, That the' committee on public institutions be instructed to
enquire into the expediency of enlarging the salaries of the professors
and other officers of the different colleges of the commonwealth.
On motion of Mr. Neeson, the same was amended by striking out all
<92
JOURNAL (A THE SENATE OF VIRGINIA.
after the word "enlarging" and inserting the words "the annuity to the
University of Virginia."
The resolution as amended was then adopted.
No. 35, A bill limiting tbe time for the payment of interest on certain
bonds of the commonwealth, was taken up and amended; and pending
an amendment submitted by Mr. Taylor, on his motion the bill was laid
,on the table.
No. 36, A bill to amend the 15th section of chapter 45 of the Code
,of Virginia, so as to limit the time for the payment of certain elaims
against the commonwealth, was taken up, read the second time and
amended—thereupon,
A motion was made by Mr. Quesenberry to lay the bill on the table,
■which was rejected—ayes 9; noes 19.
On motion of Mr. Quesenberry, the vote was recorded as follows:
Ayes—MeSsrs. Armstrong, Ball, Christian of Middlesex, Bay, Doug¬
las,- Dulaney, Brazier, Guj and Quesenberry—9.
Noes—Messrs. Alderson, Bales, Brannon, Carson, Cogliill, Coffman,
Garrison, Graham, Hart, Jones, Lewis, Logan, Marshall, Neeson, New¬
man of Madison, Stevenson, Spitler, Taylor and Wiley—19.
The bill as amended was then ordered to be engrossed and read a
third time.
On motion of Mr. Frazier, the senate - adjourned until to-morrow,
^twelve o'clock.
FRIDAY, JANUARY 22, 1804.
Prayer by Rev. Dr. Ryland.
A communicatio.n from the house of delegates by their clerk, Was read
;as follows:
In house of delegates, January 21, 18G4.
The house of delegates have passed senate bills entitled an act au¬
thorizing the payment of a sum of money to Lee A. Dunn of King Wil¬
liam county, for extra copies of his land and property books, No. 29.
They have passed with amendments senate bills entitled an act to
provide for employing in the public service, or for the public benefit,
free negroes convicted of misdemeanors, No. 9 ; an act providing an
additional appropriation to the Virginia military institute, No. 19; and
an act allowing additional compensation to certain officers of the gov-
* ernment, No. 17.
They have passed a bill entitled an act authorizing the governor to
cause sufficient covering to be erected for the protection of the artillery
belonging to the state, No. 81.
In which amendments and bills they respectfully request the con¬
currence of „the senate.
No. 9, A'bill to provide for employ in the public service, or for the
vpublic benefit, free negroes convicted of misdemeanors, with the amend-
JOURNAL OF THE SENATE oF VIRGINIA.
93
ments proposed thereto bv the bouse of delegates, was taken up, and the
first amendment was agreed to, and the second amendment disagreed to.
Ordered, That the oierk inform the house of delegates thereof.
No. 19, A bill providing an' additional appropriation to the Virginia
military institute, with the amendment proposed thereto by the house of
delegates, was taken up, and on motion of Mr. Frazier, laid on the table.
Subsequently,
On motion of Mr. Frazier, the bill was taken up and the amendment
concurred in.
Ordered, That the clerk inform the house of delegates thereof.
No. 17, A bill allowing additional compensation to certain officers of
the government, with the amendments proposed thereto by the house of
delegates, was taken up, and the question being on agreeing to the
amendments,
Mr. Wiley made an unsuccessful motion to recommit the same to the
committee on finance.
The question recurring and being put on agreeing to the amendments,
was determined in the affirmative—ayes 29; noes 4.
The vote was recorded as folloAvs:
Ayes—Messrs. Armstrong, Bales, Ball, Brannon, Bruce, Carson,
Christian of Augusta, Coghill, Coffman, Bay, Douglas, Dulaney, Bra¬
zier, Garnett, Garrison, Grice, Hart, Jones, Lawson, Lewis, Marshall,
Neeson, Newman of Mason, Quesenberry, Saunders, Shriver, Steven¬
son, Spitler and Taylor—29.
Noes—Messrs. Newlon, Newman of Madison, Wiley and Witten—4.
The amendment of the house of delegates to the title of the bill was
then agreed to, and is as follows:
"An act amending and re-enacting an act passed October 13, 1863,
and an act amendatory thereof, passed October 26, 1863, in relation to
an increase of the salaries of certain officers of government."
On motion of Mr. Armstrong, it was
Ordered, That he inform the house of delegates of the concurrence
of the senate in the amendments of the house.
_No. 81, House bill entitled an act authorizing the governor to cause
sufficient covering to be erected for the protection of the artillery be¬
longing to the state, was taken up, twice read, and on motion of Mr.
Brannon, the rules requiring the commitment of the bill was suspended,
and the bill read the third time; and the question on the passage thereof
being put, was determined in the affirmative—ayes 31; noes none.
The vote was recorded as follows :
Ayes—Messrs. Armstrong, Bales, Ball, Brannon, Bruce, Carson,
Coghill, Coffman, Day, Douglas, Dulaney, Frazier, Garnett, Garrison,
Grice, Hart, Jones, Lawson, Lewis, Logan, Marshall, Neeson, Newman
of Madison, Quesenberry, Saunders, Shriver, Stevenson, Spitler, Taylor,
Wiley and Witten—31.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
The president laid before the senate a communication from the gov¬
ernor enclosing a communication from the commissioner of Indian affairs
to the secretary of war, asking that the interest on Virginia bonds held
94
JOURNAL of TIIE SENATE OF VIRGINIA.
by the United States government in trust for the Cherokee nation he
paid into the Confederate States treasury; -which, on motion of Mr.
Brannon, was referred to the committee on finance.
The president laid before the senate a communication from the auditor
of public accounts in response to a resolution calling for information as
to the amount of Virginia treasury notes now outstanding, &c.; which,
on motion of Mr. Garrison, was laid on the table and ordered to be
printed. Doc. No. 9.
On motion of Mr. Douglas,
Resolevd, That the committee on military affairs enquire if any, and
if so, what legislation is necessary on the subject of exemptions from
military service.
On motion of Mr. Guy,
Besolved, That the committee on finance enquire and report to this
house what amount of debts due from the commonwealth are now out¬
standing—the dates at which the same were due—and as far as possible
the residence of the persons to whom they are due.
No. 34, A bill for the relief of \Y. G. Singleton, was taken up, read
the third time, and the question on the passage thereof being put, was
determined in the affirmative—ayes 29 ; noes 2.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Brannon, Bruce,
Carson, Christian of Augusta, Cogliill, Coffman, Day, Douglas, Dula-
ney, Fr.-zier, Garnett, Grice, Guy, Hart, Jones, Dawson, Logan, Lynch,
Marshall, Newman of Madison, Quesenberry, Saunders, Spitler, Taylor
and Wiley—29.
Noes—Messrs. Newlon and Witten—2.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 30, A bill to amend the 15th section of chapter 45, of the Code
of Virginia, so as to limit the time for the payment of certain claims
against the commonwealth, was taken up, and on motion of Mr. Ques¬
enberry, the vote by which the same was engrossed for a third reading
was reconsidered,
On motion of Mr. Brannon, the first section of the bill was amended
by inserting after the word " persons," the words ''not officers of the
government."
An unsuccessful motion was made by Mr. Lynch to strike out the
en'tirc proviso of the bill.
An unsuccessful motion was made by Mr. Guy to lay the bill on the
table, and that the same be printed.
The bill was ordered to be engrossed and read a third time.
No. 35, A bill limiting the time for the payment of interest on cer¬
tain bonds of the commonwealth, was taken up on motion of Mr. Tay¬
lor, who, by the consent of the senate, withdrew the amendment offered
by him and pending when the bill was last under consideration. He
thereupon moved to amend the bill by striking out the second section
and inserting in lieu thereof the following:
" This act shall not be construed to epply to loyal citizens of the
JOURNAL OF THE SENATE OF VIRGINIA.
95
Confederate States having a claim or entitled to the benefit of such in¬
terest who may reside beyond or within the enemy's lines; nor to per¬
sons who are citizens of the United States holding and owning claims
against this commonwealth before the commencement of the present war
between the United States and the Confederate States, or who have
since the commencement of said war contracted with the said common¬
wealth a liability that cannot now be discharged by reason of such war:
provided, that this act shall not be construed so as to allow the payment
of any claim, due or owing from said Commonwealth to a citizen of the
United States, or which has been sold, transferred, assigned or delivered
by such citizen to any other person since the commencement of said
war."
The question being put on the adoption of the said amendment, was
determined in the affirmative.
Mr. Armstrong moved to strikp out the first section of the bill—
pending which,
On motion of Mr. Marshall, the senate adjourned until to-morrow,
twelve o'clock.
SATURDAY, JANUARY 23, 1864.
Prayer by Rev. Dr. Ryland.
A. communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, January 22, 1864.
The house of delegates have passed senate bills entitled an act incor¬
porating the Virginia porcelain and earthenware company in the county
of Augusta, No. 33; and an-act for the: relief of Wm. C. R. Douglas,
late Stewart of the Eastern lunatic asylum, No. 27.
They have passed with amendments, senate bills entitled, an act
amending the 9th section of chapter 104 of the Code of Virginia, .in
relation to harboring or employing slaves, No. 15; and an act for the
relief of William E. Prince of Sussex' county, No. 2.
And they have agreed to a preamble and resolutions in relation to
impressments.
In which amendments and preamble and resolutions they request the
concurrence of the senate.
No. 2, A bill for the relief of Wm. E. Prince, with amendments pro¬
posed by the house of delegates, was taken up, and the amendments
concurred in.
No. 15, A bill amending the 9th section of chapter 104, of the Code
of Virginia, in relation to harboring or employing slaves, with amend¬
ment proposed by the house of delegates, was taken up, and the amend¬
ment concurred in.
Joint preamble and Resolution in relation to impressments, from the
house of delegates, were taken up, and on motion of Mr. Lynch, re¬
ferred to the committee on confederate relations.
90
JOURNAL OF THE SENATE OF VIRGINIA.
Mr. Coghill, from the committee for courts of justice, presented
No. 38, A bill to prevent the unlawful carrying of slaves on tyvats,
which was subsequently taken up, read the first time, and ordered to be
read a seconu time ; and
No. *39, A bill more effectually to suppress unlawful trading on boats
plying the rivers and canals of the commonwealth, which was subse¬
quently taken up, read the first time, and ordered to be read a second
time.
And from the same committee presented a report asking to be dis¬
charged from the further consideration of the petition of Myers W.
Fisher, complaining of the action of the superintendent of salt works,
in making certain alleged illegal impressments; and the counter peti¬
tion of John M. Forbes, assistant superintendent of Virginia state salt
works ; which was subsequently taken up and agreed to.
And he from the same committee reported with amendments,
No. 20, House bill entitled an act amending and re-enacting the 7th
section of chapter 165 of the Code of Virginia, (edition of I860,) which
was subsequently taken up and the amendments concurred in.
The bill was then read the third time, and the question on the passage
thereof being put, was determined in the affirmative—ayes 28; noes 3.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Ball, Carson, Coghill, Coffman,
Day, Douglas, Frazier, Garnett, Garrison, Grice, Guy, Jones, Lawson,
Lewis, Logan, Lynch, Marshall, Neeson, Newman of Madison, New¬
man of Mason, Randolph, Saunders, Stevenson, Spitler, Taylor and "
Wiley—28.
Noes—Messrs. Bales, Newlon and Witten—3.
The title was then amended and agreed to as follows:
" An act amending and re-enacting the 7th section of chapter 165 of
the Code of Virginia, as amended by the act passed March 28, 1861,
entitled an act to increase the pay of the commonwealth's attorney for
the circuit court of Ohio county."
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence in the amendments.
Mr. Douglas, from the committee on military affairs, submitted the
following reports :
Report asking to bo discharged from the further consideration of
preamble and resolution instructing our senators in the Confederate
congress to use their efforts to have a law passed declaratory of the true
intent of the 10th section of the conscript act; which was subsequently
taken up and agreed to.
Report asking to be discharged from the further consideration of a
resolution enquiring into the expediency of authorizing the governor to
raise, organize and arm a military force for the defence of the capitol
of the Confederate States.
The said report was subsequently taken up, and on motion of Mr.
Armstrong, laid on the table.
No. 35, A bill limiting the time for the payment of interest on cer¬
tain bonds of the commonwealth, being the unfinished business of yester¬
day, was taken up, and* the pending question being, on striking out the
journal of the senate of virginia.
97
1st section of tlie bill, was put and determined in the negative—ayes;
17; n^es 17.
On motion of Mr. Brannon, the vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Carson, Christian of Au¬
gusta, Day, Garrison, Grice, Guy, Jones, Logan, Lynch, Marshall,-
Nash, Neeson, Newman of Mason and Randolph-^-17.
Noes—Messrs. 'Bales, Brannon, Coghill, Coffman, Frazier, Garnett,-
Lawson, Lewis, Newlon, Newman of Madison, Quesenberry, Saunders,'
Stevenson, Spitler, Taylor, Wiley and Witten—17.
On motion of Mr. Carson, the bill wa« laid on the table.
No. 36, A bill to amend the 15th section of chapter 45 of the Code'
of Virginia, so as to limit the time for the payment of certain claims
against the commonwealth, was taken up, read the third time, and the
question on the passage of the bill being put, was determined in the'
affirmative—ayes 29; noes 4.
On motion of Mr. ^Douglas, the vote was recorded as follows :
Ayes—Messrs. Alderson, Bales, Brannoii, Carson, Coghill, Coffman,-
Day, Douglas, Frazier, Garnett, Garrison, Grice, J ones, Lawson, Lewis,
Logan, Lynch, Neeson, Newlon, Newman of Madison, Newman of
Mason, Quesenberry, Randolph, Saundeas, Stevenson, Spitler, Taylors-
Wiley and Witten—29.
Noes—Messrs. Armstrong. Ball, Guy and Marshall—4.
The title of the bill was tren agreed to.
Ordered, That the clerk communicate the same to the house of dele-
agtes, and request their concurrence therein.
No. 37, A bill for the relief of George J. Arnold, commissioner of
forfeited and delinquent lands for the county of Gilmer, was taken up,-
read the second time, and ordered to be engrossed and read a third time.
No. 32, A bill to reorganize the militia, was taken up, read the second-
time, and on motion of Mr. Randolph, amended in the 29th section,
40th line, by striking out all of the section after the word "but" in
that line.
On' motion of Mr. Armstrong, the bill was laid on the table and made
the order of the day for Monday next.
On motion of Mr. Armstrong, the senate adjourned until Monday,>
twelve o'clock.
MONDAY, January 25, 1864.
Mr. Christian of Augusta, from the committee on banks, presented
No. 40, A bill making debts due to branch banks within the enemy's3
lines payable to the mother banks within the confederate lines, which1
was subsequently taken up, read the first time and ordered to be read a
second time.
On motion of Mr. Newlon,
Resolved, That the committee for courts of justice enquire into the'
propriety and expediency of prohibiting or restricting the sale of ardent
spirits within this commonwealth.
la
98
JOURNAL OF THE SENATE OF VIRGINIA.
Mr. Douglas offered the following preamble and joint resolution,'which
lie over under the rules : *
Whereas the impression extensively prevails that persons holding
commissions in the state militia are exempt by reason thereof from com¬
pulsory military service: and whereas the general assembly of Vir¬
ginia did on the 1st of October 1862, pass an act amendatory of former
acts declaring and specifying what persons and classes of persons alone
were so exempt and persons holding such commissions in the militia are
expressly excluded from the operation of the exempting clause:
Be it resolved by the senate-and house of delegates, That officers of
the state militia are liable under the laws of the state to " all" and any
"military duty" that may be required of any other citizen of this com¬
monwealth ; and therefore in the opinion of this general assembly, they
are aimrwere intended to be liable to conscription into the military ser¬
vice of the Confederate States in the same manner and to the same ex¬
tent that any other persons not expressly exempted by said law are
liable.
On motion of Mr. Douglas, the rules were suspended for the purpose
of taking up and considering the same to-day; and the question being
put on the adoption of the preamble and resolution, was determined in
the affirmative.
On motion of Mr. Douglas, it was
Ordered, That he communicate the sSue to the house of delegates,
and request their concurrence therein.
No. 87, A bill for the relief of George J. Arnold, commissioner of
forfeited and delinquent lands for the county of Gilmer, was taken up,
read the first time, and the question on the passage thereof being put,
was determined (for want of a constitutional majority) in the negative—
ayes 23 ; noes-3.
The vote was recorded as follows :
Ayes—Messrs. Bales, Branch, Ctirson, Day, Douglas, Brazier, Gar-
nett, Garrison, Grice, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Newlon, Newman of Madison, Newman of Mason, Saunders, Shriver,
Spitler, Wiley and Witten—23.
Noes—Messrs. Brannon, Dickinson and Dulaney—3.
On motion of Mr. Brannon, the vote by which the bill was rejected
was reconsidered, and on his further motion, the bill was laid on the
table.
No. 32, A bill to reorganize the militia, being the order of the day,
was taken up on motion of Mr. Newman of Mason, and the clerk pro¬
ceeded to read the bill by sections.
The second section contains this clause: "but in squad drills they
shall not be taken out of their own districts, nor in company drills
oftener than four times a year."
Mr. Armstrong made an unsuccessful motion to strike out the word
"squad."
Mr. Marshall made an unsuccessful motion to amend the 15th line of
same section by striking out the- word "sixteen" and inserting in lieu
thereof the word "eighteen."
On motion of Mr. Lynch, the third section was amended by striking
journal of the senate of virginia.
99
out in.the 18th line the words "the senior magistrate" and .inserting in
lieu thereof the words "one of the magistrates."
On fhotion of Mr. Douglas, the eighth section was amended in the
5th line by striking out the words "at least" and inserting in lieu there¬
of the words "not oftener than."
Mr. Wiley made an unsuccessful motion, to amend same section by
striking out in the 6th line, the word "month" and inserting in lieu
thereof the words "three months."
On motion of Mr. Armstrong, the same section was amended in the
5th line, by inserting after the word "company" the words "in a
county."
On motion of Mr. Douglas the eighteenth section was amended by
striking out in the 12th line, the words "too unwell"- and inserting in
lieu thereof the. word "failing."
Mr. Dulaney made an unsuccessful motion to strike out the whole
clause beginning in the 12th line with the words "any person failing to
attend, &c."
The nineteenth section contains this clause: "and they shall receive
subsistence and forage when their tour of service exceeds one day."
Mr. Christian of , made an unsuccessful motidn to amend the
same by striking out the word "one" and inserting in lieu thereof the
word "three"—thereupbh,
On motion of Mr. Marshall, the bill was laid on the table.
The president laid before the senate a communication from the gov¬
ernor, concerning the organization of the reserved forces of the state,
and enclosing a bill to provide for a state guard.
On motion of Mr. Newman of Mason, the communication and accom¬
panying documents were laid on the table and ordered to be printed.
Doc. No. 10.
On motion of Mr. Alderson, the senate adjourned until to-morrow,
twelve o'clock.
TUESDAY, January 26, 1864.
Prayer by Rev. Mr. Pettigrew.
Mr. Dickinson offered the following joint resolution, which lies over
under the rules:
Resolved by the general assembly, That the two houses will take a
recess from the day of February to the 4th day of May 1864.
Mr. Alderson made an unsuccessful motion to suspend the rules for
the purpose of taking up and considering the resolution to-day.
No. 88, A bilk to prevent the unlawful carrying of slaves on boats,
was taken up, read the second time, and ordered to be engrossed and
read a third time.
No. 89, A bill more effectually to suppress unlawful trading on bdats
plying the rivers and canals of the commonwealth, was taken up, read
the second time, and ordered to be engrossed and read a.third time.
No. 40, A bill making debts due to branch banks within the enemy's
too
JOURNAL OF THE SENATE OF VIRGINIA.
lines payable to the mother banks within the confederate lines, was
taken up and read the second time—thereupon,
Mr. Dulaney moved to amend the 1st section by inserting after the
-word "authorized," in the 8th line, the words "and required"—
pending which,
On motion of Mr. Brannon, the bill was laid on the table.
Mr. Dickinson, from the committee on confederate relations, repor¬
ted, with a modification and with a recommendation that they do pass,
Resolutions remonstrating against extending the provisions of the
(Conscription act.
Subsequently the resolutions were taken up and read as follows:
Resolved, That the general assembly of Yirginia, deeply impressed
with the importance of the most energetic and vigorous preparations for
the ensuing campaign, and determined now as ever that the whole re¬
sources of the state shall be employed in the prosecution of the war
until our independence is recognized and established, yet firmly con¬
vinced that the passage by congress of an act extending the provisions
*)f the conscription act to persons under the age of eighteen or over the
age of forty-five, would be unwise and most injurious in its effects, and
that all the military ends proposed to be attained by it can be far better
attained by the organization of such persons under state laws, do most
earnestly remonstrate against the passage by the confederate congress
.of any such law.
Resolved, That a copy of the above resolution be* communicated to
our senators and representatives, to be by them laid before congress,
and that our senators be instructed, and our representatives requested,
.to use their utmost efforts to prevent the passage of said law, and if
any such law has passed by either body, to procure its repeal.
Mr. Keen made an unsuccessful motion to lay the same on the table.
The question on the adoption of the resolutions being put, was deter¬
mined in the affirmative.
On motion of Mr. Armstrong, it was
Ordered, That he communicate the same to the house of delegates,
and request their concurrence therein.
Mr. Brannon, from the committee on finance, presented
No. 41, A bill to authorize the transfer of certain bonds of the state
held in trust by the government of the United States for the Cherokee
tribe of Indians, and providing for the payment of interest thereon; and
Report asking to be discharged from the further consideration of a
resolution instructing the committee to enquire and report what amount
of debts due from the committee are now outstanding, &c.
No. 32, A bill to reorganize the militia, was taken up on motion of
Mr. Newman of Mason.
Mr. Taylor made an unsuccessful motion to amenc^ the 30th section
by inserting after the word "volunteers," in the second line, the words
u or home guards."
Mr. Newman of Mason moved to amend the 36th section in the first
line by striking out the word "repealed," and inserting in lieu thereof
the words " suspended during the existing Avar," and the question being
put thereon ivas determined in the negative.
JOURNAL OP THE SENATE OP VIRGINIA.
101
A motion was made by Mr. Dickinson to amend the 37th section by
striking out all from the word " enemy," in the fourth line, to the word
"provided," in the ninth line, and inserting the words, " but the gov¬
ernor may suspend the operation of 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 suGh possession or danger shall cease." Pend¬
ing the consideration of which,
On motion of Mr. Dulaney, the senate adjourned until to-morrow,
twelve o'clock.
WEDNESDAY, JANUARY 27, 18G4.
Prayer by Rev. Mr. Shelman,
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, January 26, 1864.
The house? of delegates have passed a bill entitled an act vacating the
commissions of militia officers of the line, No. 84; in which they re¬
spectfully request the concurrence of the senate.
No. 84, House bill entitled an act vacating the commissions of militia
officers of the line, was twice read, and on motion of Mr. Newlon, the
rule requiring the commitment of the -same was suspended, and the bill
read the third time. Thereupon,
Mr. Keen made an unsuccessful motion to lay the bill on the table,
and the question on the passage thereof being put, was determined in
the affirmative. "
Ordered, That the clerk communicate the same to the house of dele¬
gates.
On motion of Mr. Christian of Middlesex,
Resolved, That the committee on public institutions enquire into the
expediency of amending and enlarging the provisions of chapter 214,
(Code of I860,) so as to apply the penalties of said chapter to free
negro convicts hired upon' the public works.
Mr. Grice offered the following joint resolutions, which lie over under
the rules:
Resolved by the general assembly, That no constitutional power exists
in the Confederate States to forfeit, confiscate or sequester lands be¬
longing to alien enemies, or to any other person, lying within the limits
of the commonwealth; nor to acquire or convey title to any lands what¬
ever, so situate, except to such extent, and for such objects as are speci¬
fied in the 17th clause of the 8th section of the 1st article of the con¬
federate constitution.
Resolved, That our senators in the confederate congress be instructed,
and our representatives therein requested, to use their best endeavors to
obtain a repeal of the act of the said congress, passed on the 30th of
August 1861, entitled an act for the sequestration of the estates, pro¬
perty and effects of alien enemies, and for the indemnity of citizens of
102
JOURNAL OP THE SENATE OP VIRGINIA.
the Confederate States, and persons aiding the same in the existing war
with the United States, and to effect a just settlement with the confede¬
rate authorises, of the claim of this commonwealth to the lands or pro¬
ceeds thereof heretofore or hereafter seized, held or disposed of under
the provisions of the said act.
On motion of Mr. Lewis,
Resolved, That the committee on finance enquire whether any, and if
any, what measures can he adopted to call in the outstanding Virginia
treasury notes, either by funding the same in six per cent, bonds of the
state of Virginia, or in some other mode.
On motion of Mr. Lewis, the communication from the auditor of pub¬
lic accounts in response to a resolution calling for information as to the
amount of outstanding Virginia treasury notes, &c., was referred to the
committee on finance.
No. 32, A hill to reorganize the militia, being the unfinished business,
was taken up, and on mation of Mr. Brannon, laid on the table.
No. 37, A bill for the relief of George J. Arnold, commissioner of
forfeited and delinquent lands for the county of Gilmer, was taken up .
on motion of Mr. Brannon, and the question on the passage thereof
being put, was determined (for want of a constitutional majority) in the
negative—aye§ 18 ; noes 16.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Bales, Branch, Brannon, Carson, Frazier,
Garrison, Graham, Grice, Jones, Lewis, Logan, Lynch, Marshall, New¬
man of Madison, Saunders, Stevenson, Taylor and Mitten—lb.
Noes—Messrs. Ball, Christian of Augusta, Christian of Middlesex,
Coffman, Day, Dickinson, Dulaney, Garnett, Hait, Keen, Lawson, Nash,
Newlon, Quesenberry, Spitler and Milcy—16.
On motion of Mr. Keen, the vote by which the bill was rejected, was
reconsidered, and on his further motion the bill was laid on the table.
No. 38, A bill to prevent the unlawful carrying of slaves on boats,
was taken up, read the third time, and on motion of Mr. Christian of
Augusta, laid on the table.
No. 32, A bill to reorganize the militia, was taken up on motion of
Mr. Christian of Augusta.
The pending question being on the motion submitted by Mr. Dickin¬
son, to strike out in the 37 th section all after the word "enemy", in the
fourth line, to the word "provided", in the ninth line, and insert in lieu
thereof the words " and the governor may suspend the operation of this
act in any county, city or town in possession of the enemy or so threat¬
ened by them that the law cannot be safely executed until such posses¬
sion or danger shall cease," he with the consent of the senate modified
his proposition so as to read, "strike out all from the word 'enemy',
in the fourth line, to the word 'provided', in the ninth line of the 37th
section, and insert these words, 'and the governor may suspend the ope-
ratiqn of this act in any county, city or town so threatened by the
enemy that the law cannot be safely executed until such danger shall
cease," and the question being put thereon, was determined in the affirma¬
tive—ayes lb ; noes 17.
On motion of Mr. Dickinson, the vote was recorded as fallows:
JOURNAL OP THE SENATE OP VIRGINIA.
Ayes—Messrs. Armstrong, Brannon, Carson, Christian of Augusta,
Dickinson, Dulaney, Frazier, Garrison, Graham, Grice, Hart, Jones,
Keen, Lawson, Logan, Lynch, Hash, Newlon and Wiley—19.
Noes—Messrs. Alderson, Bales, Ball, Branch, Christian of Middle¬
sex, Coffman, Day, Garnett, Guy, Lewis, Marshall, Newman of Madi¬
son, Quesenberry, Saunders, Sutler, Taylor and Witten—17.
Mr. Dickinson moved further to amend the same section by striking
out the proviso at the end thereof, which was agreed ttfflt-whereupon,
On motion of Mr. Taylor, the senate adjourned until to-morrow,
twelve o'clock.
THUESDAY, JANUARY 28, 1864.
Prayer by Bev. Dr. J. C. McCabe.
Mr. Coghill, from the committee for courts of justice, presented
No. 42, A bill to amend the act passed March 24, 1888, entitled an
act amending the 10th section of chapter 184 of the Code, increasing
the compensation of clerks of courts; which was subsequently taken
up, read the first time, and ordered to be read a second time.
No. 48, A bill to amend sections 81 and 82 of chapter 184 of the
Code, so as to increase the fees of clerks of courts for certain services,
which was subsequently t$ken up, read the first time, and ordered to be
read a second time; and ,
No. 44, A bill to amend section 100 of chapter 35 of the Code, so as
to increase the allowances to clerks for services under said chapter,
which was subsequently taken up, read the first time, and ordered to be
read a second time.
And he from the same committee, submitted report declaring it inex¬
pedient to legislate on the subject of a resolution enquiring into the
expediency of amending the 17th section of chapter 132 of the Code of
Virginia, (edition 1880,) in reference to the settlement of fiduciaries'
accounts, &c., which was subsequently taken up and concurred in.
Mr. Douglas, from the committee on miliary affairs, presented
No. 45, A bill to abolish the present ol'dnance department and create
another, which was subsequently taken up, read the first time, and
ordered to be read a second time.
Mr. Dickinson, frbm the committee on* confederate relations, reported
with amendments and a recommendation that the resolutions with amend¬
ments be adopted,
" llbuse preamble and resolutions in relation to impressments, which
were subsequently taken up, and on motion of Mr. Christian of Augusta,
laid on the table.
V't- On motion of Mr. Spitler,
y ' Eesolved, That the committee for courts of justice enquire into the
' Expediency of so amending the election law as to allow persons in the
military service to vote in camp in elections for county officers.
r No. 82, A bill to reorganize the militia, being the unfinished business
of yesterday, was taken up—thereupon,
104
JOURNAL OF THE SENATE OF VIRGINIA.
On motion of Mr. Douglas, the same "was amended by striking out
the whole of the SGth section, and inserting in lieu thereof the words,
" this act, except as hereafter altered, amended or repealed by the gen¬
eral assembly, shall remain in force till six months after the ratification
of peace between the Confederate States and the United States. And
during its continuance, so much of the Code, and all acts and parts of
acts as are inconsistent with the provisions of this act, shall be, and are
declared to be§#uspended and of no effect."
Mr. Lawson moved to reconsider the vote by which the 37th section
was amended, viz : strike out all after the word " enemy," in the fourth
line, to the word " provided," in the ninth line, and insert in lieu therof
the words, " and the governor may suspend the operation of this act in
any county, city or town so threatened by the enemy that the law can¬
not be safely executed until such danger shall cease." And the ques¬
tion being put thereon, was determined in the negative—ayes 14;
noes 27.
On motion of Mr. Dickinson, the vote was recorded as follows :
Ayes—Messrs. Alderson, Dales, Ball, Christian of Middlesex, Day,
-Guy, Lawson, Lewis, Newman of Madison, Newman of Mason, Saun¬
ders, Spitler, Taylor and Yfitten—14.
Noes—Messrs. Armstrong, Brannon, Carson, Christian of Augusta,
Coghill, Dickinson, Douglas, Dulaney, Frazier, Garnett, Garrison, Gra¬
ham, Grice, Hart, Johnson, Jones, Keen, Logan, Lynch, Marshall,
Nash, Neeson, Newlon, Quesenberry, Shriver, Stevenson and Wiley—27.
Mr. Taylor made an unsuccessful motion to amend the 30th section
by inserting after the word "militia" the words "home guards."
The bill was then ordered to be engrossed and read a third time.
Mr. Armstrong made an unsuccessful motion to have the bill read the
third time to-day.
The president laid before the senate a communication from the gov¬
ernor, enclosing a report from Capt. E. S. Gay, in reference to the
location and accommodations of the Public Guard ; which on motion of
Mr. Douglas was referred to the committee on general laws.
On motion of Mr. Nash, the vote by which house bill No. 84, entitled
an act vacating the commissions of militia officers of the line, was
passed, was reconsidered; and
On motion of Mr. Keen, the vote ordering the bill to its third reading
was reconsidered—thereupon,
Mr. Keen made an unsuccessful motion to lay the bill on the table.
On motion of Mr. Douglas, the bill was amended by adding at the
end of the ryder the words "nor to the officers of the 19th regiment of
the militia of the line."
On motion of Mr. Keen, the bill was laid on the table.
No. 39, A bill more effectually to suppress unlawful trading, on boats
plying the rivers and canals of the commonwealth, was taken up and
read the third time—thereupon,
On motion of Mr. Guy, the vote by which the bill was ordered to its
engrossment and third reading was reconsidered; and on his further
motion the same was amended by the addition of the following indepen¬
dent section :
JOtRNAL OP TtfE SENATE OP VIRGINIA.
105
4. It shall be lawful for the court of any county lying oil any canal
or navigable stream to appoint one or more discreet persons as inspec¬
tors of boats, who- shall be paid by county levy, ancfr who shall be clothed
with full power and authority, upon exhibiting the order appointing
them, to examine and search within their respective counties, all boats-
engaged in transportation on aify such canal or navigable stream, for
the detection of stolen property, and to require of the master of any
boat a true account of every article found thereon. If any master fail
to render such true account when required under this section, he shall
be fined, in the discretion of a jury, not less than one hundred dollars,
'and in default of payment be imprisoned not exceeding six months ; and'
if a free negro, he shall also be punished with stripes. Any person who
shall refuse to admit upon his boat, or shall obstruct or resist any in¬
spector, duly exhibiting his authority in the- discharge of his duty", shall
be deemed guilty of a misdemeanor. »The court may, at any time after'
summons to show cahse against it, remove any such inspector, and may
appoint another in his stead.
The bill as amended was then ordered to be engrossed and read ai
third time.
No. 41, A bill to authorize the transfer of certain bonds of the state
held in trust by the government of the United States for the Cherokee"
tribe of Indians, and providing for the payment of interest thereon,
was taken up, read the first time and ordered to be read a second time.
The report of the committee on finance, asking to be discharged from
the further consideration of a resolution instructing them to enquire and
report what amount of debts due from the commonwealth are now out¬
standing, &c., was taken up and concurred in.
On motion of Mr. Grice, the resolutions offered by him yesterday rel¬
ative to the sequestration of property by the Confederate States, were'
taken up, and he thereupon added thereto the following resolution:
3. Resolved, That the governor be requested to transmit a copy of
the above resolutions to each of our senators and representatives in the:
congress of the Confederate States.
On motion of Mr. Lewis, the resolutions were laid on the table.
On motion of Mr. Christian of Augusta, the senate adjourned until'
to-morrow,- twelve o'clock.
FRIDAY, January 29, 1864.
Prayer by Rev. Dr. Pettigrew.
A communication from the house of delegates by their clerk, was-
read as follows:
In house of delegates, January 28, 1864;-
The house of delegates have passed with amendments, senate bill en~-
titled an act for the relief of families of soldiers living in counties within
the lines or under the control of the enemy, No. 7; in which amend¬
ments they respectfully request the concurrence of the senate.
14
106
JOURNAL OR THE SENATE OF VIRGINIA.
No. 7, A bill for the relief of families of soldiers living in counties
within the lines or under the control of the enemy, with amendments
proposed by the house of delegates, was taken up.
Mr. Frazier moved that the senate disagree to the first amendment of
the house—pending which,
On motion of Mr. Brannon, the bill was recommitted to the commit¬
tee for courts of justice*.
The president laid before the senate a communication from the gov¬
ernor, enclosing a communication from R. F. and D. G. Bibb, in refer¬
ence to the hire of negro convicts ; which, on motion of Mr. Christian
of Augusta, was referred to the committee for courts 'of justice.
Mr. Dickinson from the committee on confederate relations^ submitted
the following report:
The committee on confederate relations have, according to order, had
under consideration so much of the governor's message as relates to the
failure on the part of congress to make provision for payment of slaves
impressed, or which have been lost or injured in the confederate service
while working on fortifications, &c., and respectfully report:
That the act of assembly of Yirginia passed October 3d, 1862, section
1, provided that "the value of all such slaves as may escape from the
confederate authorities and not return to their owners, or be seized or
killed by the public enemy, or may by want of due diligence on the part
of the authorities of the Confederate States, in any manner, be lost to
the owners, shall be paid by the Confederate States 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 on the part of the
authorities of the Confederate States; and in those cases the burden of
proof shall be on the authorities of the Confederate States to discharge
the latter from liability to the former."
Section eleven of said act further provides that "any request for
slaves made by the president or the governor under this act sha'll be an
assent to and acceptance of all its provisions by the Confederate States."
The act passed 13th March 1863, amendatory of the act of 3d Oc¬
tober 1862, provided, section one, that "the value o£ 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 be returned to their owners,,
shall be paid by the Confederate States to the owners of such slaves;-
and full compensation shall be made for all injuries to slaves arising:
from the act of the public enemy ; and in like manner full compensation
shall be made for any injury to slaves arising from a want of due dili¬
gence on the part of the authorities of the Confederate States: provided1
that the Confederate States 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 the act of God, or by disease of
such -slave existing "when received by the confederate authorities; and
in all cases the burden of proof shall be on the authorities of the Con¬
federate States to discharge the latter from liability to the former."
Section twelve of said act further provided that ""this act shall be
forthwith communicated by the governor to the president of the Con¬
federate States. Any request for slaves hereafter made by the presi-
journal op the senate op virginia.
107
dent or the governor shall be regarded an assent to and acceptance of
all the provisions of this act by the Confederate States."
In pursuance of the provisions of these acts, slaves have been fur¬
nished at different time* for the purposes therein specified, and various
claims presented for losses sustained which have not been recognized or
paid by the confederate government, because the president and secretary
of war have held that the "liability of the government in such cases is
a question to be determined not by the executive, but by congress."
The committee are advised that the subject has been brought to the
attention of congress, and no provision has been made for the losses
thus sustained, and no recognition of tha liability of the confederate
government therefor. ^
It was clearly the intention of the general assembly that the liability
of the confederate government for the payment of sucb losses as are
specified in the acts of the 3d October 1862, and 13th March 1863,
should be acknowledged and assenjjjl to before the labor was furnished.
The committee recommend the adoption of the following joint reso¬
lutions :
1. Resolved, That our senators in congress be instructed, and our
representatives requested to use their best endeavors to procure the pas¬
sage by congress of a law acknowledging and assenting to the liability
of the Confederate States for all losses to slaveholders under the acts
of the general assembly of Virginia, passed 3d October 1862, entitled
an act further to provide for the public defence, and the act amendatory
thereof, passed 13th March 1863.
2. Resolved, That the provisions of the said acts be, and the same
are hereby suspended until the confederate government shall provide for
the payment of such losses as are intended to be secured under said
acts.
Respectfully submitted.
A. D. Dickinson,
Ch. com. on conf. relations.
On motion of Mr. Dickinson, the said report was ordered to be
printed.
Mr. Spitler, from the joint committee to examine the treasurer's
office, submitted a report; which on his motion was laid on the table and
ordered to be printed. Doc. No. 11.
Mr. Taylor, from the special committee on the subject, submitted the
following report :
The committee to whom was referred the resolution to investigate the
charges against Ferdinand A. Winston, a justice of the peace for Floyd
county, beg leave to make the following report, viz : In the opinion of
the committee the testimony submitted in the case does not show that
F. A. Winston has been guilty of a violation of the laws of this com¬
monwealth ; wherefore they ask to be discharged from the further con¬
sideration of the subject.
No. 32, A bill to reorganize the militia, was taken up, and read the
third time—thereupon,
Mr. Douglas submitted the following clause by way of ryder to the bill:
108
JOURNAL OF THE SENATE OF VIRGINIA.
\
" The governor shall have, power to dispense with the quartermasters
and other staff officers (or any of them) herein provided for, whenever
in his judgment such .may he done without detriment to the service."
The ryder was re&d the first and second time# and ordered to be en¬
grossed and read a third time, and having been forthwith engrossed, was
read the third time.
On motions of Mr. Taylor, the blank in the 3d line of 2d section was
filled with the words " 1st of March 1864 " ; the blank in the 14th line
of 2d section with the words "8th of March 1864 the "blank in the
1st line of 3d section with the words " 15th of March 1864 the blank
in the 19th line of 3d sectiomwith the words " 2d of April 1864 the
blank in the 13th line of 7fU section with the words " 30th of April
1864".
On motions of hfr. Taylor, the blank in the 2d line of 26th section
was filled with the words " 1st of June in each year"; the blanks in
the 4th and 5th lines of 29th seq^gm with the words " 1st of March
1864 the blank in the 8th line of 29th section with the words " 8th
• of March 1864"; the blanks in the 22d and 23d lines of 29th section
with the words " 15th of March 1864 "; and the blanks in the 2d and
Sdlinesof 37 th section with the words "2dof May 1864." Thereupon,
Mr. Wiley made an unsuccessful motion to reconsider the vote by
which the bill was ordered to its engrossment and third reading.
The question on the passage of the bill being put, was determined in
the affirmative—ayes 29 ; noes 8.
The vote was recorded as follows:
Ayes—Messrs. Armstrong, Bales, Ball, Carson, Christian of Augusta,
Christian of Middlesex, Coghill, Dickinson, Douglas, Dulaney, Frazier,
(Grarnett, Garrison, Graham, Grice, Guy, Hart, Johnson, Keen, Lawson,
Logan, Lynch, Nash, Neeson, Newman of Mason, Quesenberry, Taylor,
Wiley and Witten—29.
Noes—Messrs. Brannon, Day, Jones, Lewis, Marshall, Newlon, New¬
man of Madison and Spitler—8.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele-,
gates, and request their concurrence therein.
On motion of Mr. Johnson, .
Resolved, That the committee for courts of justice enquire into the
expediency of amending the 167th chapter of the Code of Virginia, so
as to dispense with publications in a newspaper during the war against
persons not residing in 'the state.
On motion of Mr. Dickinson, the senate adjourned until to-morrow,
twelve o'clock.
JOURNAL OF GyiE SENATE OF VIRGINIA.
109
{SATURDAY, JANUARY 80, 1864.
Prayer Iby Rev. Mr. Pettigrew.
A communication from the house of delegates by their clerk, was
read as follows:
In house of delegates, January 29, 1864.
The house of delegates have passed with an amendment senate bill
entitled an act extending the jurisdiction of the circuit court of the
town of Danville, No. 14.
And they have agreed to the first amendment and disagreed to the
second amendment proposed by the senate to house bill entitled an act
providing 4or the payment of tobacco destroyed by fire at the public
warehouse, No. 9.
In which amendment and disagreement they respectfully request the
concurrence of the senate. f
No. 14, A bill extending the jurisdiction of the circuit court of the
town of Danville, with the ameifdment proposed by the house of dele¬
gates, was taken up an^tbe^amendment concurred in.
No. 9, House bill entitled an act providing for the payment of tobacco
destroyed by fire at the public warehouse, with the disagreement of
the house of delegates to the second amendment of the senate to said
bill, was taken up—thereupon,
Mr. Lynch moved that the senate insist on their amendment—pending
which,
Mr. Coghill moved to recommit the bill to the committee on finance.
Mr. Christian of Augusta moved to amend the proposition by striking
out "committee on finance", and inserting in lieu thereof "committee for
courts of justice" ; and the question thereon being put, was determined
in the affirmative.
The motion as amended .was then agreed to.
Mr. Coghill from the committee for courts of justice, reported with
amendments to house amendments,
No. 7, A 'bill for the relief of families of soldiers living in counties
within the lines or under the control of the enemy.
Mr. Coghill asked for, and obtained leave to introduce
No. 46, A bill confirming and amending the charter of the Richmond
glass manufacturing company; which, on his motion, was referred, with
the accompanying documents, to the committee for courts of justice.
Mr. Carson asked for, and obtained leave to introduce
No. 47, A bill to incorporate the Richmond city insurance company;
which, on his motion, was referred to the committee on general laws.
On motion of Mr. Johnson,
Resolved, That the committee on confederate relations enquire what
legislation is necessary, or what arrangements can be made to secure to
other states, having agents engaged in the manufacture of salt, at Salt-
ville, sufficient transportation on the railroads of Virginia.
On motion of Mr. Frazier,
Resolved, That the committee for courts of justice enquire into the
110
JOURNAL OF THE SENATE OF VIRGINIA.
expediency of prohibiting by law the slaughtering of calves within this
commonwealth during the war.
On motion of Mr. Garrison,
Resolved, That the committee on salt enquire into the expediency of
amending the second section of an act entitled an act for the production
and distribution of salt, so as to provide that impressments of slaves
made by the superintendent of the salt works shall be for a limited time,
and that the-same may be equalized so far as may be, among the citizens
of the commonwealth.
Mr. Newlon submitted the following preamble and resolution:
Whereas, it is eminently proper that the legislative power of the com¬
monwealth shall be invoked to repress the spirit of avarice and extortion
so rife and so much to be deplored; and whereas, the rapidly increasing
prices of all articles of prime necessity are, in a great measure, at¬
tributable to the failure of the general assembly to prevent extortion by
regulating prices and adopting a plan for the- ascertainment of a just
and liberal remuneration for the production of all necessaries of life; and
whereas, the wisdom of the legislation in respect thereto, proposed at
the. late extra session, has vindicated, and the predictions and arguments
of the opponents of such proposed action oh th$ part of the legislature
have been falsified and refuted by subsequent events; therefore,
Resolved, That the committee for courts of justice be instructed to
report, with such modifications thereof" as they may deem expedient,
the bill of the late extra session, to regulate prices^No. 31.
On motion of Mr. Johnson, the preamble and resolution were laid on
the table.
Mr. Carson submitted the following resolution :
Resolved, That the secretary of the commonwealth be directed to
communicate to the senate forthwith the returns made to him of the re¬
cent special election of a senator for the Berkeley and Jefferson district,
to supply the vacancy occasioned by the resignation of Edwin L. Moore,
with a summary of the votes cast for each o£ the candidates.
On motion of Mr. Nash, the resolution was amended by adding at
the end thereof the words "and that he be directed to communicate like
returns and summary of the special elections of senators in the King
George and Norfolk city districts."
On motion of Mr. Nash, the resolution was laid on the table.
On motion of Mr. Keen,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of exempting by law from military service, the common council
of the town of Danville.
On motion of Mr. Carson,
Resolved, That the committee of privileges and elections enquire into
the expediency of amending the laws in regard to the time in which re¬
turns shall be made in special elections of members of the general as¬
sembly.
On motion of Mr. Christian of Middlesex,
Resolved, That the committee for courts of justice enquire into the
expediency of amending the first section of the act passed March
5th, 1863, entitled an act authorizing fiduciaries to invest funds in their
journal op the senate op virginia.
Ill
hands in certain cases, so as to require all persons who apply under this
act, to a judge of a circuit court for leave to invest moneys in confede¬
rate bonds, to make such application in writing accompanied by affidavit
to the truth of the facts set forth in such petition. .
Mr. Lewis from the joint committee on the library, submitted a re¬
port declaring it inexpedient to legislate on the subject of a resolution
of the house of delegates, enquiring into the propriety of extending
the privilege of using the books of the library to the officers of the Con¬
federate States congress.
No. 39, A bill more effectually to suppress unlawful trading on boats
plying the rivers and canals of the commonwealth, was taken up, read
the third time and passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
On motion of Mr. Christian of Middlesex, the senate adjourned until
Monday, twelve o'clock.
MONDAY, February 1, 1864.
Prayer by Rev. Dr. J. C. McCabe.
A communication • from the house of delegates, by their clerk, was
read as follows :
In house of delegates, January 30, 1864.
The house of delegates have passed bills entitled an act to authorize
the sale of certain slaves now in the penitentiary, No. 12 ; an act to
.regulate transportation of freights and passengers upon certain rail¬
roads in this commonwealth, No. 17 ; and an act to provide for the pre¬
servation of the records of the counties of Warwick, Elizabeth City and
James City and of the city of Williamsburg, No. 34; in which they
respectfully request the concurrence of the senate.
No. 17, House bill entitled an act to regulate transportation of
freights and passengers upon certain railroads in this commonwealth,
was twice read and referred to committee on roads and internal navi¬
gation.
No. 12, House bill entitled an act to authorize the sale of certain
slaves now in the penitentiary, was twice read and referred to committee
on public institutions.
No. 34, House bill entitled an act to provide for the preservation of
the records of the counties of Warwick, Elizabeth City and James City
and of the city of Williamsburg, was twice read and referred to com¬
mittee for courts of justice.
Mr. Lewis, from the joint committee on the library, submitted a re¬
port in answer to the resolution of the house of delegates, calling for
statements of the books purchased and their cost, &c., which, on motion
of Mr. Cafson, was laid on the table and ordered to be printed. Doc.
No. 12.
On motion of Mr. Lewis,
112
JOURNAL OE THE SENATE OF VIRGINIA.
Resolved, That the committee for courts of justice enquire into the
expediency of amending the 11th section of chapter 199 of the Code
of "Virginia, (edition of 18(30,) so as to extend the time within which
prosecutions for certain misdemeanors may be commenced after the
cause therefor. And also as to the expediency of amending the 53d
section of chapter 192, (Code of 18G0,) so as to fix a minimum and
maximum fine for the commission of the offences against real and per¬
sonal property therein enumerated.
On motion of Mr. Christian of Augusta,
Resolved, That the committee on finance enquire into the expediency
of increasing fees of commissioners of revenue and of commissioners in
chancery.
Mr. Nash offered the following preamble and joint resolution, which
lie over under the rules :
Whereas, elections have to be held to supply the vacancies existing
in the 2d, 23d and 31st senatorial districts, and it appearing that the
senators elect cannot take their seats until the expiration of forty-two
days after the day of election, under the act passed March 24, 1863,
entitled an act to provide representation for the counties where the
courthouses are in the possession of the public enemy, and there ap¬
pearing to be no good or substantial reason why the senators elect from
the said districts should not be declared elected and admitted to the floor
of the senate : Therefore,
Resolved by the general assembly of Virginia, That the fourth sec¬
tion of the said act passed the 24th day of March 1863, be, and the
same is hereby declared suspended unril the end of this session.
Subsequently, on motion of Mr. Na:h, (the rules being suspended
therefor,) the resolution was taken up—thereupon,
On motion of Mr. NeCoon, the same was amended by striking out all
after the word " Virginia", in the first line, and inserting in lieu thereof
the words " that the secretary of the commonwealth be and is hereby
authorized to certify the result of said elections without waiting for the
lapse of said forty-two days, to the end that representation may be se¬
cured to said districts as early as possible : provided, that the rights of
no contestant shall be prejudiced hereby."
The resolution as amended was then agreed to.
- On motion of Mr. Nash, the preamble was amended by striking out
the twenty-third senatorial district,- and the preamble as amended was
agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
The joint resolutipns relative to the sequestration of property by the
Confederate States, was taken up on motion of Mr. Grice—thereupon,
Mr. Newlou made an unsuccessful motion to la}7 the same on the table.
The question on the adoption of the first resolution being put, was
determined in'tho affirmative.
The question being on the adoption of the second resolution, on mo¬
tion of Mr. Johnson, the same was amended by inserting* after the
words "United States," the words "in so far as the same concerns
the confiscation of lands."
JOURNAL OR THE SENATE OF VIRGINIA.
113
The resolution as amended was then agreed to.
The third resolution was agreed to—thereupon,
On motion of Mr. Marshall, the vote bj which the second resolution
was adopted was reconsidered, and on motion of Mr. Newman of Mason,
the resolution was laid on the table. '
On motion of Mr..Grice, (modified at the suggestion of Messrs. Lewis
and Lawson,)
Resolved, That the coipmittee for courts of justice enquire into the"
expediency of reporting an act confiscating the property of alien ene¬
mies, &c., for the purpose of reimbursing the loyal citizens of this com¬
monwealth whose property has been sequestrated by the Lincoln or
bogus Pierpont or Boreman governments.
No. T, A bill for the relief of families of soldiers living in counties
within the lines or under the control of the enemy, with the amend-
ments proposed by the committee to the amendments of the house, was
taken up, and on motion of Mr. Christian of Augusta, laid on the table.
No. 41, A bill to authorize the transfer of certain bonds of the state
held in trust by the government of the United States for the Cherokee
Indians, and providing for the payment of interest thereon, was taken
up, read the second time, and ordered to be engrossed and read a third
time.
No. 42, A bill to amend the act passed March 24, 1863, entitled an
act amending the 10th section of chapter 184 of the Code, increasing
the compensation of clerks of courts, was taken up, read the second
time, and on motion of Mr. Frazier, laid on the table.
The following bills were taken up, read the second time and ordered
to be engrossed and read a third time :
No. 43, A bill to amend sections 31 and 32 of chapter 184 of the'
Code, so as to increase the fees of clerks for certain services.
No. 44, A bill to amend section 100 of chapter 35 of the Code, so
as to increase the allowances to clerks for services under said chapter.
# No. 45, A bill to abolish the present ordnance department and create
anothe?.
The report of the committee on confederate relations on so much of
the governor's message as relates to the liability of the confederate
government for slaves lost while in the confederate service, was taken upi
On motion of Mr. Dickinson, the first resolution was amended by
striking out in the first line the wrord " instructed", and inserting in
lieu thereof the word "requested". The resolution as amended was
then adopted.
The question being on the adoption of the second resolution, Mr.
Lewis made an unsuccessful motion to lay the same on the table.
The question recurring and beiqg put on the adoption of the said
second resolution, was determined in the negative.
A message was received from the house of delegates by Mr. McCue,
who informed the senate that that house had passed a Bill entitled an
act for the protection of sheep and to increase the growth of wool,
No* 13.
The report of special committee to investigate the charges against F.
A. Winston, a justice of the peace for the county of Floyd, asking to
114
journal of the senate of virginia.
be discharged from the further consideration 'of the subject, was taken
up and concurred in.
Report of joint committee on library upon the resolution of house of
delegates, proposing to extend the privilege of using the'books of the
library to the officers of the Confederate States congress, declaring it
inexpedient to legislate on the subject, was taken up and concurred in.
Mr. Hart asked for, and obtained leave to introduce
Ho. 48, A bill authorizing an increase of the salaries of the professors
of the University, and providing for the education of persons disabled
by wounds received in the public service, which on his motions was taken
up, read the first time, and ordered to be read a second time, and re¬
ferred to the committee on public ftstitutions.
On motion of Mr. Johnson, the senate adjourned until to-morrow,
twelve o'clock.
TUESDAY, February 2, 1864.
Prayer by Rev. Dr. J. C. McCabe.
No. 18, House bill entitled an act for the protection of sheep and tc>»
increase the growth of wool, was twice read and referred to the com-
mittee# on general laws.
Mr. Christian of Middlesex, from the committee on public institutions,
reported without amendment,
No. 48, A bill authorizing an increase of the salaries of the profes¬
sors of the University, and providing for the education of persons disa¬
bled by wounds received in the public service, which was subsequently
taken up, read the second time and ordered to be engrossed and read a
third time.
No. 41, A bill to authorize the transfer of certain bonds of this state
held in trust by the government of the United States for the Cherok^
tribe of Indians, and providing for the payment of interest therArn, was
taken up, read the third time, and the question on the passage thereof
being put, was determined in the affirmative—ayes 26; noes none.
The vote was recorded as follows:
Ayes—Messrs. Bales, Ball, Bruce, Carson, Christian of Augusta,
Christian of Middlesex, Day, Dickinson, Dulaney, Frazier, Garnett,
Garrison^ Graham, Guy, Hart, Jones, Keen, Lewis, Logan, Lynch,
Marshall, Nash, JNewlon, Newman of Madison, Newman of Mason and
Witten—r26.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 48, A bill to amend sections 31 and 32 of chapter 184 of the
Code, so as to increase the- fees of clerks of courts for certain services,
was taken up, read the third time, and the question on the passage
thereof being put, was determined in the affirmative—ayes 27 ; noes 2.
The vote was recorded as follows:
Ayes—Messrs. Ball, Bruce, Carson^ Christian of Augusta, Christian
JOURNAL OP THE SENATE OP VIRGINIA.
115
of Middlesex, Day, Dickinson, Dulaney, Frazier, Garnett, Garrison,
Graham, Grice, Gay, Hart, Johnson, Jones, Keen, Lewis, Logan, Lynch,
Marshall, Nash, Newman of Madison, Newman of Mason, Wiley and
Witten—27. • / ■
Noes—Messrs. Bales and Newlon—2.
The title of the bill was then agreed to.
On motion of Mr. Christian of Augusta, it, was
Ordered, That he inform the house of delegates thereof, and request
their concurrence therein.
No. 44, A bill to amend section 100 of chapter 35 of the Code, so as
to increase the allowances to clerks for services under, said chapter,
was taken up, read the third time, and the question on the passage
thereof being put, was determined in the affirmative—ayes 28 ; noes 1.
The vote was recorded as follows :
Ayes—Messrs. Ball, Bruce, Carson, Christian of Augusta, Christian
of Middlesex, Day, Dickinson, Dulaney, Frazier, Garnett, Graham,
Garrison, Grice, Guy, Hart, Johnson, Jones, Keen, Lawson, Lewis,
Logan, Marshall, Nash, Newman of Madison, Newman of Mason, Ste¬
venson, Wiley and Witten—28.
• Noes—Mr. Bales—1.
The title of the bill was then agreed to.
On motion of Mr. Christian of Augusta, it was
Ordered, That he communicate the same to the house of delegates,
and request their concurrence therein.
A message was received from the house of delegates by Mr. Haymond
of Marion, who informed the senate that that house had agreed to a joint
resolution of the senate, authorizing the secretary of the commonwealth
to certify the result of the elections in the second and thirty-first sena¬
torial districts without awaiting the lapse of time required by law.
On motion of Mr. Dickinson, the vote by which the joint resolution
concerning the liability of the Confederate States for losses to slave¬
holders, &c., was adopted, was reconsidered; and on his further motion
the same was amended by striking out the words, " and the act amen¬
datory thereof passed 13th March 1863".
The resolution as amended was then agreed to.
Mr. Day, from the joint committee on executive expenditures, pre¬
sented a report, which on his motion, was laid on the table and ordered
to be printed. Doc. No. 13.
No. 42, A bill to amend the act passed March 24, 1863, entitled an
act amending the 10th section of chapter 184 of the Code, increasing
the compensation of clerks of courts, was taken up On motion of Mr.
Christian of Augusta, and ordered to be engrossed and read a third
time.
No. 45, A bill to abolish the present ordnance department and create
another, was taken up, read 'the third time, and the question on the
passage being put, was determined in the affirmative—ayes 26; noes 3-
The vote was recorded as follows :
. Ayes—Messrs. Bales, Bruce, Carson, Christian of Augusta, Christian
of Middlesex, Day, Dickinson, Dulaney, Frazier, Garnett, Garrison,
Graham, Hart, Johnson, Jones, Keen, Lawson, Lewis, Logan, Lynch,
116
journal of the senate of virginia.
Marshall, Nash, Newlon, Newman of Madison, Newman of Mason and
Witten—26.
Noes—Messrs. Ball, Guy and Stevenson—3..
The title of the bill was then agreed to—'thereupon,
Mr. Marshall moved that the vote by which the bill was passed be
-reconsidered—pending which,
Andrew Hunter, senator elected to fill the vacancy in the representa¬
tion from the thirty-first senatorial district, composed of the counties of
Jefferson and Berkeley, occasioned by the resignation of Edwin L.
Moore, appeared at the clerk's table and qualified according to law, and
took his seat. ,
The question was then put on reconsidering. the vote by which the
said bill passed, and was determined in the affirmative.
On motion of Mr. Ball, the bill was laid on the table.
Mr. Dulaney made an unsuccessful motion to take up the following
bill:
No. 40, A bill making debts due to branch banks within the enemy's
lines payable to the mother banks within the confederate lines.
On motion of Mr. Christian of Middlesex, the senate adjourned until
to-morrow, twelve o'clock.
WEDNESDAY, February 3, 1864.
Prayer by Rev. Dr. John C. McCabe.
Mr. Coghill, from the committee for courts of justice, presented
No. 49, A bill releasing R. F. and D. G. Bibb from liability under a
contract for the hire of negro convicts ; which was subsequently taken
up, read the first time and ordered to be read a second time.
On motion of Mr. Dickinson,
Resolved, That the joint committee on salt be requested to enquire
.and report to the senate what impediments, if any, exist to supplying
the several counties of the commonwealth with the amount of salt pro¬
vided for by the act passed March 30, 1863, entitled an act to provide
for the production and distribution of salt.
On motion of Mr. Jones,
Resolved, That the committee on general laws enquire into the ex¬
pediency of so amending the 12tli section of chapter 77, Code of Vir¬
ginia, as to increase within reasonable limits the quantity of . land now
allowed by law to b» hfeld by trustees for -churches.
On motion of Mr. Keen,
Resolved, That in view of the immense necessity for transportation
■of the necessaries of life to our citizens and soldiers over the roads of
this commonwealth, the committee on military affairs be instructed to
enquire into the expediency of restricting the railroads of the common¬
wealth to at least tri-weekly passenger trains over said roads.
On motion of Mr. Coghill,
Resolved, That the committee for courts of justice enquire into the
JOURNAL OF THE SENATE OF VIRGINIA.
117
expediency of suspending the election of judges of the court of appeals
during the existence of the war.
On motion of Mr. Jones,
Resolved,. That the committee on military affairs enquire whether a
law has not been passed providing for the proper collection and enrol¬
ment of the names of Virginia soldiers, and if passed, why said law has
not been executed, and report by bill or otherwise what legislation, if
any, is necessary to secure the execution of said law.
Mr. Johnson presented a memorial of F. Johnston, clerk of Roanoke
county and circuit court, in relation to the increase of fees of clerks
and commissioners in chancery, which was referred to the committee for
courts of justice.
No. 42, A bill to amend the act passed March 24, 1863, entitled an
act amending the 10th section of chapter 184 of the Code, increasing
the compensation of clerks of courts, was taken up, read the third time
and passed.
On motion of Mr. Coghill, the title of the bill was amended and
agreed to as follows :
"A bill to amend the 10th and 11th sections of chapter 184 of the
Code of Virginia, as amended by the act passed March 24, 1863, enti¬
tled an act increasing the compensation of clerks of courts during the
existing war."
On motion of Mr. Christian of Augusta, it was
Ordered, That he inform the house of delegates of the passage of
the bill, and request their concurrence therein.
No. 48, A bill authorizing an increase of the salaries of the profes¬
sors of the university, and providing for the education of persons disa¬
bled by wounds received in the public service, was taken up, read the
third time, and the question on the passage of the bill being put, was
determined in the affirmative—ayes 29 ; noes none.
The vote was recorded as follows :
Ayes—Messrs. Rales, Ball, Bruce, Carson, Christian of Augusta,
Christian of Middlesex, Coghill, Dmkinson, Dulaney, Frazier, Graham,
Guy, Hart, Hunter, Johnson, Jones, Keen, Lawson, Lewis, Logan,
Lynch, Marshall, Nash, Newman of Madison, Newman of Mason, Sliri-
ver, Stevenson, Wiley and Vritten—;29.
The title of the bill was then agreed to.
On motion of Mr. Hart, it was
Oi^lered, That he inform the house of delegates thereof, and request
their concurrence therein.
Mr. Johnson, from the committee on roads and internal navigation,
presented
No. 50, A bill to authorize the board of public works to increase the
rates of toll to be charged by railroad companies ; which was taken up,
read the first time and ordered to be read a second time.
And he from the same committee, presented a- report asking to be
discharged from the further consideration of a resolution referring so
much of the governor's message as relates to railroads, to committee on
roads, &c., which report was taken up and concurred in.
On motion of Mr. Coghill, the committee for courts of justice was
118
journal or the senate oe virginia.
enlarged by the addition of one naenber ; thereupon the president ap¬
pointed Mr. Hunter a member of said committee.
No. 45, A bill to abolish the present ordnance department and create
another, was taken up on motion of Mr. Dickinson ; and orr his motion,
the vote ordering the engrossment of the bill was reconsidered ; and on
his further motion the bill was then amended by striking out the words,
(commencing on the Seconal line and ending on the sixth line of the
second section,) ".to consist of one major of ordnance, to be appointed
by the governor, by and with the advice and consent of the senate, and
one subordinate officer to be appointed in like manner; the said subor¬
dinate to hold such rank as may be prescribed by the governor, with the
consent of the senate" ; and inserting in lieu thereof the words, "to
consist of one major of ordnance and one subordinate officer, to be ap¬
pointed by the governor, by and with the advice and consent of the
senate, and subject to their ratification and confirmation. The said
subordinate officer to hold such rank as may be prescribed by the gov¬
ernor with the consent of the senate. And in the event the officers thus
appointed by the governor shall not be confirmed by the senate, it shall
be the duty of the governor in like manner to nominate others for
confirmation".
An unsuccessful motion was made by Mr. Marshall to lay the bill on
the table.
A motion wras made by Mr. Wiley to amend the bill by striking out
all after the word "assembly", in the first line,.and inserting "that
the ordnance department as at present organized be and the same is
hereby abolished, and that the captain of the state guard with the offi¬
cers of that guard under his command, perform all the duties of the
ordnance department now required by law"; and the question being put
thereon, was determined in the negative.
The bill as amended was then ordered to be engrossed and read a
third time.
Mr. Coghill presented a petition of J. M. Taliaferro, contesting the
right of Edward T. Tayloe to a seat as senator from the twenty-third
senatorial district, which on his motion vTas referred to the committee of
privileges and elections.
Mr. Robertson, from the house of delegates, announced to the senate
that he was charged with a message from that house, which he was in¬
structed to deliver in secret session. Thereupon,
On motiou of Mr. Johnson, the senate resolved itself into secret
session.
THURSDAY, February 4, 18G4.
Prayer by Rev. Dr. John C. McCabe.
Mr. Newman of Mason offered the following joint resolution, which
lies over under the rules :
Resolved, That the senate will, with the concurrence of the house of
delegates, proceed on the day of February instant, to the election
JOURNAL OF THE SENATE OF VIRGINIA.
119
of a secretary of tlie commonwealth, a treasurer, an auditor of public
accounts, a second auditor, a register of the land office, a public printer
and a superintendent of the penitentiary.
Mr. Newman of Mason made an unsuccessful motion to suspend the
rules for the purpose of taking up and considering the resolution to-day,
Mr. Coghill, from the committee for courts of justice, reported with¬
out amendment,
No. 34, House bill, entitled an act to provide for the -preservation of
the records of the counties of Warwick, Elizabeth City and James City
and of the city of Williamsburg; which was subsequently taken up, read
the third time, and the question on the passage thereof being put, was
determined in the affirmative—ayes 32; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Bruce, Carson, Christian
of Augusta, Christian of Middlesex, Dickinson, Dulaney, Erazier, Gar-
nett, Garrison, Graham, Grice, Guy, Hart, Hunter, Johnson, Jones,
Keen, Lawson^ Lewis, Logan, Lynch, Marshall, Nash, Neeson, ]$ewlon,
Newman of Mason, Quesenberry, Stevenson and Wiley—32.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
And he from the same committee reported, with a recommendation
that the senate recede from their second amendment,
No. 9, House bill entitled an act providing for the payment of to¬
bacco destroyed by fire at the public warehouse.
Subsequently the bill was taken up, and the question on receding
being put, was determined in the negative.
Mr. Quesenberry then made an unsuccessful motion to lay the bill on
the table.
Mr. Marshall moved that the senate insist on their second amendment
to said^pill, and the question thereon being put, was determined in the
affirmative.
And he from the same committee, presented
No. 51, A bill to amend the 11th and 12th sections of chapter 170
of the Code of Virginia, so as to dispense with the order of publication
during the existing war; which was subsequently taken up, read the
first time and ordered to be read a second time.
On motion of Mr. Newlon, the committee on privileges and elections
was increased by the addition of one member. Thereupon,
The president appointed Mr. Armstrong a member of said committee.
On motion of Mr. Christian of Augusta,
Kesolved, That the committee on roads and internal navigation en¬
quire into the expediency of amending the law in relation to the transfer
of turnpikes to the counties through which they run in certain cases, so
as to make the same more efficacious for its object.
On motion of Mr. Hunter,
Resolved, That the committee for courts of justice be directed to en¬
quire into the expediency of providing by law, for the support of the
poor in counties partially in the occupancy of the enemy, otherwise
than in the mode now prescribed by law.
On motion of Mr. Grice,
120
journal of the senate of virginia.
Resolved, That the committee for courts of justice he instructed to
report an act to amend and re-enact an act for the relief of the indigent
soldiers and sailors of the state of Virginia, &c., passed October 31,
1863, so as to make the provisions of the third section apply to corpo¬
ration courts as it docs now to county courts.
No. 15, A bill to abolish the present ordnance department and create
another, was taken up, rea^ the third time, and the question on the
passage thereof being put, was determined, for want of a constitutional
majority, in the negative—ayes 20 ; noes 7.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Carson, Christian of Augusta, Coghill,
Dickinson, Dulaney, Frazier, Garrison, Grice, Hart, Johnson, Jones,
Keen, Lawson, Lewis, Logan, Nash, Newlon, Wiley and Witten—20.
Noes—Messrs. Ball, Bruce, Hunter,- Marshall, Neeson, Newman of
Mason and Stevenson—7.
On motion of Mr. Newman of Mason, the vote by which the bill was
rejected was reconsidered; and on his further motion the bill was laid
on the table.
No. 49, A bill releasing R. F. and-D. G. Bibb from liability under a
contract for the hire of negro convicts, was taken up, read the second
time, and ordered to be engrossed and read a third time.
On motion of Mr. Newman of Mason, the senate resolved itself into
secret session, and after some time spent therein, the doors of the cham¬
ber were thrown open—when,
On motion of Mr. Dickinson, the senate adjourned until to-morrow,
twelve o'clock.
FRIDAY, February 5, 1864.
Prayer by Rev. Dr.. John C. McCabe.
A communication from the house of delegates by their clerk was read
as follows:
In house of delegates, February 4, 1864.
The house of delegates have agreed to a substitute for the joint res¬
olution of the senate, requesting our senators and representatives in
congress to procure the passage bv congress of a law acknowledging the
liability of the confederate government for losses to slaveholders, &c; in
which they respectfully request the concurrence of the senate.
Senate resolution requesting our senators and representatives in con¬
gress to procure the passage by congress of a law acknowledging the
liability of the confederate government for losses to slaveholders, &c.,
with the substitute of the house of delegates, was taken irp, and on
motion of Mr. Dickinson, laid on the table.
Mr. Logan, from the committee on general laws, reported without
amendment,
No. .13, House bill entitled an act for the protection of sheep and to
increase the growth of wool.
journal of the senate of virginia.
121
And he, from the same committee, reported with amendment,
No. 47, A bill to incorporate the Richmond city insurance company.
Mr. Dickinson, from the committee on confederate relations, presen¬
ted a report asking to be discharged from the further consideration of a
resolution enquiring what legislation is necessary to secure to. other
states having agents engaged in the manufacture of salt at Saltville,
& c? o ... '
sufficient transportation on the railroads of'Virginia.
Mr. Christian of Middlesex, from the committee on public institu¬
tions, reported without amendment,
No. 12, House bill entitled ah act to authorize the sale of certain
slaves now in the penitentiary.
Mr. Newman of Mason, from the joint committee on bonds of public
officers, submitted a report thereon.
On motion of Mr. Johnson, the senate resolved itself into secret ses¬
sion; and after some time spent therein the doors were reopened—when,
A message was received from the house of delegates by Mr. Bouldin,
who informed the senate that the house insisted upon their disagreement
to the second amendment of senate to house bill entitled an act provi¬
ding for the payment of tobacco destroyed by fire at the public ware¬
house, No. 9 ; and had adopted a resolution respectfully asking a com¬
mittee of conference to consider the subjects of disagreement between
the two houses on the bill.
A message was received from the house of delegates by Mr. Baker,
who informed the senate that that house had passed a bill entitled an
act authorizing the collection of dividends due by the Raleigh and Gas¬
ton railroad comnany to the city of Norfolk, JTo. 78.
On motion of Mr. Grice, the senate adjourned until to-morrow, twelve
o'clock.
SATURDAY, February 6, 1862.
Prayer by Rev. Dr. John C. McCabe.
No. 9, House bill entitled an act providing for the payment of to¬
bacco destroyed by fire at the public warehouse, with the disagreement
of the house to the second amendment of the senate, was taken up.
The house of delegates hoisted on their disagreement to said amend¬
ment, and adopted a resolution asking for a' committee of conference on
the subject.
The resolution was thereupon taken up and concurred in.
The president appointed Messrs. Johnson, Logan, Coghill, Keen and
Lewis as the committee on the part of the senate.
No. 78, House bill entitled an act authorizing the collection of divi¬
dends due by the Raleigh and Gaston railroad company to the city of
Norfolk, was taken up, twice read, and on motion of Mr. Grice the rule
requiring the commitment of the same was suspended, the bill read the
third time, and on his further motion, laid on the table. Subsequently,
K'i
122
JOURNAL OF THE SENATE OF VIRGINIA.
On motion of Mr. Grice the bill was taken up, and on motion of Mr.
Ball the vote ordering the hill to its third reading was reconsidered, and
the bill referred to the committee on roads and internal navigation.
A communication from the house of delegates by their clerk, was
read as follows:
In house of delegates, February 5, 1861.
The house of delegates have passed a bill entitled an act to amend
and re-enact the charter of the Union female college, No. 61.
They have agreed to a resolution for a joint committee to prepare an
address to the army, &c.
In which bill and resolution they request the concurrence of the senate.
No. 61, House bill entitled an act to amend and re-enact the charter
of the Union female college, was taken up, twice read, and referred to
the committee on public institutions. '
House resolution for a joint committee to prepare an address to the
army, &c., was taken' up and agreed to. Thereupon,
The president appointed Messrs. Dickinson, Hunter and Marshall as
the committee on the part of the senate.
Mr. Coghill, from the committee for courts of justice, reported with¬
out amendment,
No. 19, House bill entitled an act releasing the commonwealth's claim
to certain land to Mathew Sylvia; and
No. 46, A bill confirming and amending the charter of the Richmond
glass manufacturing company.
Mr. Logan, from the committee on general laws, submitted a report
asking to be discharged from the further consideration of a communica¬
tion from the governor in reference to the location and accommodations
of the public guard, and that the same be referred to the committee on
military affairs.
Mr. Carson, from the committee on military affairs, submitted a report
asking to be discharged from the further consideration of a resolution
enquiring into the expediency of restricting tha railroads of this com¬
monwealth to at least tri-weekly passenger trains over said roads, and that
the same be referred to the committee on roads and internal navigation.
Mr. Johnson, from the committee to examine the clerk's office, sub¬
mitted the following report:
The committee appointed to examine the clerk's office, have discharged
that duty, and respectfully report that they have made a careful exami¬
nation of the office and find that the books,^documents and papers are
carefully preserved and filed according to the rule of the senate, in al¬
phabetical and chronological order, and oil the duties pertaining to the
office faithfully discharged.
On motion of Mr. Dulany, the senate resolved itself into secret ses¬
sion, and after some time spent therein, the doors were reopened.
On motion of Mr. Keen,
Resolved, That the committee on roads and internal navigation en¬
quire into the expediency of making connections by rail with the vari¬
ous railroads leading to Richmond, Petersburg and Lynchburg., and what
action is necessary to accomplish such object.
journal of the senate of virginia.
123
On motion of Mr. Bruce,
Resolved, That the committee on general laws be instructed to enquire
into the expediency of reporting a bill requiring the county and corpo¬
ration courts of this commonwealth, whenever it is practicable, to provide
for collecting and forwarding to the distributing agency in Richmond, all
clothing, shoes and other supplies intended for soldiers in the-field.
The joint resolution fixing a day for the election of state officers, was
taken up on motion of Mr. Newman of Mason, and on his further mo¬
tion the blank in said resolution was filled with "Wednesday 10th"..
The resolution was then agreed to.
On motion of Mr. Newman of Mason, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence therein.
Mr. Christian of Middlesex, from the committee on public institu¬
tions, presented
No. 53, A bill amending and re-enacting the first section of chapter
214, (Code of 18G0) so as to provide for the punishment of free negro
convicts in certain cases.
No. 49, A bill releasing R. F. & D. G. Bibb from liability under a
contract for the hire of negro convicts, was taken up, read the third
time, and on motion of Mr. Coghill, laid on the table.
On motion of Mr. Alderson, the senate adjourned until to-morrow,
twelve o'clock.
MONDAY, February 8, 1864.
Prayer by Rev. Dr. Read.
Mr. Coghill, from the committee for courts of justice, presented the
following bills:
No. 54, A bill to amend and re-enact section 44 of chapter 49 of the
Code, so as to increase the allowance to sheriffs and sergeants for ser¬
vices to the public.
No. 55, A bill to amend and re-enact the 13th, 33d, 34th and 36th
sections of chapter 184 of the Code of Virginia, so as to increase the
fees and compensation of sheriffs and sergeants; and
No. 56, A bill to amend the third section of an act for the relief of
indigent soldiers and sailors, &c., passed October 31, 1863.
Mr. Johnson, from the cbmmittee on roads and internal navigation,
reported with a recommendation that it do not pass,
No. 17, House bill entitled an act to regulate transportation of
freights and passengers upon certain railroads in this commonwealth.
lie also from the same committee, reported with a recommendation
that the same do pass,
* No. 78, House bill entitled an act authorizing the collection of divi¬
dends due by the Raleigh and Gaston railroad company to the city of
Norfolk-
And presented
124
JOURNAL OF THE SENATE OF VIRGINIA.
No. 57, A bill to amend the 54th section of chapter 61 of the Code
of Virginia, edition of 1860 ; and
No. 58, A hill authorizing the connection of certain railroads within
the city of Richmond.
Mr. Taylor asked for, and obtained leave to present
No. 59, A bill to define and punish certain offences against the sov¬
ereignty of the state that may be, when committed, less than treason;
which on his motion*was referred to the committee for courts of justice.
Mr. Newlon asked for, and obtained leave to present
No. 60, A bill imposing fines on agents for failing to deliver salt to
persons entitled thereto; which on his motion was referred to the joint
committee on salt.
On motion of Mr. Lewis,
Resolved, That the committee for courts of justice enquire into the
expediency of adopting the edition of the Code of Virginia of 1860, in
lieu of the Code of 1849 ; and that said committee be directed to report
by bill or other-wise.
On motion of Mr. Coghill,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of forfeiting, by law, all debts which may
be attempted.to be enforced by attachment or other process in either of'
the usurped governments in Virginia.
No. 84, House bilj entitled an act vacating the commissions of militia
officers of the line was taken up on motion of Mr. Newman of Mason,
read the third time, and on motion of Mr. Armstrong, laid on the table.
No. 12, House bill entitled an act to authorize the sale of certain
slaves now in the penitentiary, was taken up, read the third time, and
the question on its passage being put, was decided in the negative, (for
want of a constitutional majority)—ayes 23; noes 6.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Bales, Ball, Carson, Christian of Augusta,
Christian of Middlesex, Cofiman, Douglas, Garnett, Graham, Grice,
Guy, Hunter, Johnson, Keen, Lewis, Logan, Lynch, Marshall, Newlon,
Stevenson, Taylor and Witten—23.
Noes—Messrs.- Armstrong, Bruce, Dickinson, Dulany, Lawson and
Quesenberry—6.
On motion of Mr. Quesenberry, the vote by which the bill was re¬
jected was reconsidered, and on his further motion the same was laid
on the table.
No. 13, House bill entitled an act for the protection of sheep and to
increase the growth of wool, was taken up, and on motion of Mr. Lynch,
laid on the table.
No. 19, House bill entitled an act releasing the commonwealth's
claim to certain land to Mathew Sylvia, was taken up, read the third
time, and the question on its passage being put, was decided in the af¬
firmative—ayes 28; noes 2.
The vote was recorded as follows:
Ayes—Messi s. Alderson, Armstrong, Bales, Ball, Carson, Christian
of Augusta, Christian of Middlesex, Coghill, Douglas, Dulany, Gar¬
nett, Garrison, Graham, Grice, Hunter, Johnson, Keen, Lawson, Lewis,
journal of tiie senate of virginia.
125
Logan, Lynch, Marshall, Neeson, Newlon, Newman of Mason, Ran¬
dolph, Taylor and Witten-—28.
Noes—Messrs. Bruce and Guy—2.
A message was received from the house of delegates by Mr. Ander¬
son of Botetourt, who informed the senate that that body had passed a
hill entitled an act disbanding the 179th regiment of the militia of the
o o
state, and for the more efficient organization of the 19th regiment of the
militia of the line and the 1st regiment of the second class militia, No.
141, in which they respectfully request the concurrence of the senate.
On motion of Mr. Dickinson, the senate adjourned until to-morrow,
twelve o'clock.
TUESDAY, February 9, 1864.
Prayer by Rev. Dr. Converse.
Edward T. Tayloe, elected to supply the vacancy in the representation
from the twenty-third senatorial district, occasioned by the death of
John Seddon, appeared, and the oaths prescribed by law ivere adminis¬
tered to him by the clerk, and he thereupon took his seat.
A communication from the house'of delegates by their clerk, was read
as follows :
In house of delegates, February 8f7g 1864.
The house of delegates have agreed to the resolution fixing the day
for the election of certain officers of the government.
No. 41, House bill entitled an act disbanding the 179th regiment of
the militia of the line, and for the more efficient organization of the
19th regiment of the militia of the line and the 1st regiment of file
second class militia, was taken up and twice read—thereupon,
1 On motion of Mr. Carson, the rule requiring the commitment of the
same was suspended.
On motion of Mr. Christian of Middlesex, the bill was Amended by
striking out, in the 6th line of 1st section, the words "and appoint
another to fill the vacancy" and inserting in lieu thereof the words
"and'the vacancy shall be filled in the -mode as may be prescribed by
law."
The bill as amended was then read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence in the amendment.
Mr. Johnson from the committee on roads and internal navigation,
presented
No. 61, A bill requiring the board of public works to suspend the
payment of any subscription on the part of the state to certain internal
improvement companies; which was subsequently taken up, read the
first time'and ordered to be read a second time.
jMi'- Guy, from the select committee on domestic manufactures, sub¬
mitted a report; which, ou.liis motion, was laid on the table and or¬
dered to be printed. Doc. No. 14.
126
JOURNAL OF THE SENATE OF VIRGINIA.
And lie from the same committee, presented
No. 62, A bill to provide for the importation of certain machinery;
which on motion of Mr. Marshall, was taken.up, read the first time and
ordered to be read a second time.
On motion of Mr. Alderson, the senate resolved itself into secret
session, and after a short time the doors were again opened.
The following hills were taken up on motion of Mr. Armstrong, and
read the first time and ordered to be read a second time:
No. 46, A bill confirming and amending the charter of the Rich¬
mond glass manufacturing company.
No. 47, A hill to incorporate the Richmond city insurance company.
No. 58, A hill amending and re-enacting the 1st section of chapter
214, (Code of I860,) so as to provide for- the punishment of free negro
convicts in certain cases.
No. 54, A hill to amend and re-enact section 44 of chapter 49 of the
Code, so as to increase the allowance to sheriffs and sergeants for ser¬
vices to the public.
No. 55, A hill to amend and re-enact the 13th, 33d, 34th and 36th
sections of chapter 184 of the Code of Virginia, so as to increase the
fees and compensation of sheriffs and sergeants.
No. 56, A hill to amend the 3d section of an act for the relief of
indigent soldiers and sailors, &c., passed .October 31st, 1863.
No. 57, A hill to amend the 54th section of chapter 61 of the Code
of Virginia, (edition of 1860); and
No. 58, A bill authorizing the connection of certain railroads within
the city of Richmond.
Mr. Dillard presented the petition of Maria Cook, praying that a fine
of $500 imposed by the hustings court of Petersburg be refunded;
which, on his motion, was referred to the committee for courts of jus¬
tice.
No. 7, A bill for the relief of families of soldiers living in counties
within the lines or'under the control of the enemy, with the amend¬
ments proposed by the committee for courts of justice to amendments of
house of delegates, was taken up.
The committee recommend that the first amendment of the house be
disagreed to—thereupon,
Mr. Armstrong moved that the question be put on agreeing to the
said first amendment of the house, which is in these words: " In the
first line strike out the words five hundred thousand, and insert in lieu
thereof the words one million," and being put thereon, was determined
in the affirmative—ayes 30; noes 9.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Pales, Ball, Branch, Bruce,
Carson, Christian of Middlesex, Coffman, Dillard, Dulany, Garnett,
Garrison, Graham, Grice, Guy, Hunter, Keen, Lawson, Lewis, Mar¬
shall, Nash, Newlon, Newman of Mason, Randolph, Saunders, Shriver,
Stevenson, Tayloe and Taylor—30.
Noes—Messrs. Christian of Augusta, Coglrill, Hart, Johnson, Logan,
Lynch, Neeson, Quesenberry and Witten—9.
The 2d, 3d and 4th amendments of the house were agreed to.
JOURNAL OF THE SENATE' OF VIRGINIA.
127
The committee proposed to amend the 5th amendment of the house
of delegates by striking out the words "not subject to the conscription
act," and inserting in lieu' thereof the following: "are over forty-five
years of age, or not subject to military service," and the question on
agreeing thereto being put, was determined in the affirmative.
The amendment as amended was then agreed to.
On motion of Mr. Armstrong, the senate disagreed to the 6th amend¬
ment (striking out "coupons or") of the house of delegates.
Ordered, That the clerk inform the house of delegates thereof, and
request their concurrence in said amendment.
Mr. Guy from the select committee on domestic manufactures, pre¬
sented
No. 63, A bill to furnish the counties of the state with a model of
the flying shuttle attachment for looms; which was taken up, read the
first time and ordered to be read a second time; and
No. 64, A bill to provide for the purchase and distribution among the
people of the state, of cotton, cotton yarns, cotton cloths and hand-
cards ; which was taken up, read the first time, and ordered to be read
a second time.
On motion of Mr. Armstrong,
No. 17, House bill entitled an act to regulate transportation of
freights and passengers upon certain railroads in this commonwealth,
was ordered to be printed.
On motion of Mr. Newman of Mason, the senate adjourned until to¬
morrow, twelve o'clock.
WEDNESDAY, FEBRUARY 10, 1864.
Prayer by Rev. Dr. Read.
A communication from the house of delegates by their clerk, was
read as follows:
In house of delegates, February 0, 1864.
The house of delegates have passed senate bill entitled an act to
authorize the transfer of certain bonds of the state, held in trust by
the government of the United States, for the Cherokee tribe of Indians,
and providing for the payment of interest thereon, No. 41.
They have passed with an amendment, senate bill entitled an act
more effectually to suppress unlawful trading on boats plying the rivers
and canals of this commonwealth, No. 39 ; in which amendment they re¬
quest the concurrence of the senate.
No. 39, A bill more effectually to suppress unlawful trading on boats
plying the rivers and canals of the commonwealth, with the amend¬
ment of the house of delegates, was taken up, and on motion of Mr.
Christian%of Middlesex, laid on the table.
On motion of Mr. Hunter,
Resolved, That the committee for courts of justice be instructed to
enquire into and report whether under the terms of the confederate
128
JOURNAL OF THE SENATE OF VIRGINIA.
constitution it is the duty of tlie general assembly at its present ses¬
sion, to elect a senator of the Confederate States.
A message was received from the house of delegates by Mr. Pendle¬
ton, who informed the senate that that house had agreed to the amend¬
ment proposed by the senate to the fifth amendment of the house of
delegates to senate bill entitled*an act for the relief of families of sol¬
diers living in counties within the lines or under the control of the
enemy, No. 7, and that the house of delegates insist on their sixth
amendment to said bill.
A message was received from the house of delegates by Mr. Pendle¬
ton, who informed the senate that the house had adopted the following
resolution:
Pesolved, with the consent of the senate, That the execution of so
much of the joint order of this day, as refers to the election of a pub¬
lic printer, be postponed until Wednesday the second day of March next
at twelve o'cloch, M.
On motion of Mr. Newman of Mason, the resolution was taken up.
Mr. Johnson moved to amend the resolution by striking out the words
"second day of March next", and insert in lieu thereof the words
"eighteenth of February, instant", and on this proposition Mr. Alder-
son called for a division of the question, which was ordered, and the
question being put on the first member thereof, to strike out &c., was
determined in the affirmative.
Tlie question on the second member, to insert tc., being put, was de¬
termined in the affirmative.
The resolution as amended was then agreed to.
On motion of Mr. Newman of Mason, it was
Ordered, That he communicate the same to the house of delegates
and request their concurrence in the amendment. Subsequently,
A message was received from the house of delegates by Mr. Pendle¬
ton, informing the senate that the house of delegates concurred in the
said amendment.
Mr. Pendleton also informed the senate that the house of delegates
vras ready on its part to proceed to the execution of the joint order of
the day, which has for its object the election of a secretary of the com¬
monwealth, a treasurer, an auditor of public accounts, a second auditor,
a register of the land office and a superintendent of the penitentiary;
and that the names of Jonathan M. Bennett was in nomination for the
office of auditor of public accounts, Henry W. Thomas for the office of
second auditor, John S. Calvert for treasurer, Stafford IT. Parker for
register of the land office, George W. Munford for secretary of the
commonwealth, and Colin Bass for superintendent of the penitentiary.
On motion of Mr. Newman of Mason, it was
Ordered, That he inform the house of delegates that the senate is also
ready to proceed with the execution of the joint order of the day, and
that no additional nominations have been made in this body.
The roll was then called with the following result:
For Jonathan M. Bennett, for auditor of public accounts, 87
Henry W. Thomas, for second auditor, 37
John id. Calvert, for treasurer, 87
JOURNAL OF TUB SENATE OF VIRGINIA.
129
For Stafford H. Parker, for register of the land office, 37
George W. Munford, for secretary of the commonwealth, 37
Colin Bass, superintendent of the penitentiary, 37
The senators who voted for Mr. Bennett are—Messrs. Alderson, Arm1*
strong, Bales, Ball, Branch, Bruce, Carson, Christian of Middlesex,
Coghill, Coffman, Dillard, Dulany, Garnett, Garrison, Graham, Grice,
Hart, Hunter, Johnson, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Ntfeson, Newlon, Newman of Mason, Quesenberry, Randolph, Saurn*
ders, Shriver, Stevenson, Spitler, Tayloe, Taylor and Witten—87.
The senators who voted for Mr. Thomas are—Messrs. Alderson, Arm¬
strong, Bales, Ball, Branch, Bruce, Carson, Christian of Middlesex,
Coghill, Coffman, Dillard, Dulany, Garnett, Garrison, Graham, Grice,
Hart, Hunter, Johnson, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Neeson, Newlon, Newman of Mason, Quesenberry, Randolph, Saunders,
Shriver, Stevenson, Spitler, Tayloe, Taylor and Witten—37.
The senators who voted for Mr. Calvert are—Messrs. Alderson, Arm¬
strong, Bales, Ball, Branch, Bruce, Carson, Christian of Middlesex,
Coghill, Coffman, Dillard, Dulany, Garnett, Garrison, Graham, Grice,
Hart, Hunter, Johnson, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Neeson, Newlon, Newman of Mason, Quesenberry, Randolph, Saunders,
Shriver, Stevenson, Spitler, Tayloe, Taylor and Witten—37.-
The senators who voted for Mr. Parker are—Messrs. Alderson, Arm¬
strong, Bales, Ball, Branch, Bruce, Carson, Christian of Middlesex,
Coghill, Coffman, Dillard, Dulany, Garnett, Garrison, Graham, Grice,
Hart, Hunter, Johnson, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Neeson, Newlon, Newman, of Mason, Quesenberry, Randolph, Saunders,
Shriver, Stevenson, Spitler, Tayloe, Taylor and Witten—37.
The senators who voted for Mr. Munford are—Messrs. Alderson,
Armstrong, Bales, Ball, Branch, Bruce, Carson, Christian of Middlesex,
Coghill, Coffman, Dillard, Dulany, Garnett, Garrison, Graham, Grice,
Hart, Hunter, Johnson, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Neeson, Newlon, Newman of Mason, Quesenberry, Randolph, Saun~
ders, Shriver, Stevenson, Spitler, Tayloe, Taylor and Witten—37.
The senators who voted for Mr. Bass are—Messrs. Alderson, Arm¬
strong, Bales, Ball, Branch, Bruce, Carson, Christian of Middlesex,.
Coghill, Coffman, Dillard, Dulany, Garnett, Garrison, Graham, Grice,
Hart, Hunter, Johnson, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Neeson, Newlon*Newman of Mason, Quesenberry, Randolph, Saunders,
Shriver, Stevenson, Spitler, Tayloe, Taylor and Witten—37.
The president appointed Messrs. Newman of Mason, Alderson and
Branch a committee to meet a similar committee on the part of the
house of delegates and count the joint, vote. Subsequently, tl^ com¬
mittee, through their chairman Mr. Newman of Mason, reported:
Whole number of votes cast, - - 151
.Necessary to a choice, - - 76
Of which J. M. Benne'tt received - - 151
H. W. Thomas " - - 151
J. S. Calvert " - - 151
S. H. Parker " - - 150
17
130
journal of the senate of virginia.
Of which G. W. Munford received, - - 151
Colin Bass " - -. 151
The president then declared the said gentlemen duly elected to fill
the several offices for which th§y were respectively nominated, for the
term of two years, commencing on the second day of January 1865.
Mr. Marshall asked for and obtained leave to introduce
No. 65, A hill to extend the jurisdiction of the circuit courts during
the war; which, on his motion, was referred to the committee for courts
of justice.
No. 78, House hill entitled an act authorizing the collection of divi¬
dends due by the Raleigh and Gaston railroad company to the city of
Norfolk, was taken up, read the third time, and the question on the
passage thereof being put, was determined in the affirmative—ayes 36;
noes none.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Bruce,
Carson, Christian of Augusta, Christian of Middlesex, Coghill, Coff-
man, Dillard, Dulaney, Garnett, Garrison, Graham, Grice, Hart, Hun¬
ter, Johnson, Keen, Lawson, Lewis, Nash, Neeson, Newlon, Newman of
Mason, Quesenberry, Randolph, Saunders, Shriver, Stevenson, Spitler,
Tayloe, Taylor and Witten—36.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Nash from the joint committee to examine the office of the
auditor of public accounts, submitted the following report:
The undersigned, chairmen of the committees ofuhe senate and house
of delegates for the examination of the office of the auditor of public
accounts, submit the following report as directed by said committee,
to wit:
We have examined the said office and the conduct of the business
therein, and find the same entirely satisfactory. The business of the
office appears to be conducted according to law, and to the satisfaction
of all who are transacting business with the office.
Touchers are preserved for all the warrants issued within the period
of our examination, except five, to wit: to Richard Beach, for $140 50,
on the 1st October 1861; to Charles A. Rhule, for $253 50, on the 2d
October 1861; to Samuel Freeman, for $14 25, on 21st July 1862; to
Edward W. Wade, for $13 50, on the 26th October 18(52; and to S. H.
Parker, for $50 00, on the 8th October, 1862. On enquiry at the
treasurer's office, receipts were found for these several sums. On
further enquiry, it was found that executive orders were duly made for
said sums to be paid out of the contingent fund. So that said warrants
were all duly issued from the auditor's office. The vouchers have been
casually lost or mislaid, and may hereafter be found. No detriment
will accrue to the commonwealth by loss of the vouchers.
All which is respectfully submitted.
Benjamin H. Nash, Ch. S: Com.
William Ambers, Oh. H. Com.
JOURNAL OF THE SENATE OF VIRGINIA.
181
Subsequently the report was taken up, and on motion of Mr. Nash,
laid on the table.
Mr. Coghill from the joint committee, on salt, reported with amend¬
ments,
No. 60, A bill imposing fines on agents for failing to deliver salt to
persons entitled thereto; which was subsequently taken up, read the
first time, and ordered to be read a second time.
On motion of Mr. Coghill,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of amending or suspending the law which
requires the causes on the docket of the western court of appeals to be
arranged by circuits, and to authorize them to be docketed according to
their age in court.
On motion of .Mr. Coghill,
Resolved, That so much of the biennial report of the board of pub¬
lic works for 1861-62 as relates,to the salt works, be referred to the
joint committee on salt.
No. 50, A bill to authorize the board of public works to increase the
rates of toll to be charged by railroad companies, was taken up, read
the second time, and on motion of Mr. Johnson, laid on the table.
No. 51, A bill to amend the 11th and 12th sections of chapter 170
of the Code of Yirginia, so as to dispense with the order of publication
during the existing war, was taken up, read the second time, and ordered
to be engrossed and read a third time.
No. 47, A bill to incorporate the Richmond city insurance company,
was taken up, read the second time, and the amendments proposed by
the committee were agreed to.
The bill as amended was then ordered to be engrossed and read a
third time. .
No. 46, A bill confirming and amending the charter of the Richmond
glass manufacturing company, was taken up, read the second time, and
ordered to be engrossed and read a third time.
Report of the joint committee on bonds of public officers was taken
up, and on motion of Mr. Newman of Mason, laid on the table.
Report of the committee on confederate relations, asking to be dis¬
charged from the further consideration of the resolution enquiring what
legislation is necessary to secure to other states transportation for salt
over the railroads, &c., and that the resolution be referred to the joint
committee on salt, was taken up and agreed to.
Report of the committee on military affairs, asking to be discharged
from the further consideration of a resolution enquiring into the expe¬
diency of restricting the railroads of this commonwealth to at least tri¬
weekly passenger trains, &c., and that the same be referred to the com¬
mittee on roads and internal navigation, was taken up and concurred in.
Report of the committee to examine the clerk's office of the senate,
was taken up and concurred in.
No. 12, House bill entitled an act to authorize the sale of certain
slaves now in the penitentiary, was taken up on motion of Mr. Christian
of Middlesex, and the question on the passage thereof being put, was
determined in the affirmative—ayes 31; noes 3.
132
journal of the senate oe virginia.
The vote was recorded as follows:
Ayes—Messrs. Bales, Ball, Bruce, Carson, Christian of Augusta,
Christian of Middlesex, Coghill, Coffman, Dillard, Dulaney, Garnett,
Garrison, Graham, Grice, Hart, Hunter, Johnson, Keen, Lawson, Lewis,
Lynch, Marshall, Neeson, Newlon, Randolph, Saunders, Stevenson,
Spitler, Tayloe, Taylor and "VVitten—31.
Noes—Messrs. Armstrong, Newman of Mason, and Qaesenherry—3.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. 40, A hill making debts due to branch banks within the enemy's
lines payable to the mother banks within the confederate lines, was
taken up on motion of Mr. Dulaney.
The question being on the adoption of the amendment pending when
the bill was last under consideration, which is in these words, " inserts
after the word 'authorized' in the 8th line, the words 'and required' ",
and being put thereon, was determined in the negative. Thereupon,
Mr. Dulaney made an unsuccessful motion to amend the bill by in¬
serting after the word "person" in the 2nd line, the words "drawer
or endorser".
The bill was then ordered to be engrossed and read a third time.
No. 84, House bill entitled an.act vacating the commissions of militia
officers of the line, was taken up on motion of Mr. Johnson, end passed.
Ordered, that the clerk communicate the same to the house of dele¬
gates.
No. 13, House bill entitled an act for the protection of sheep and to
increase the growth of wool, was taken up on motion of Mr. Newlon,
read the third time and passed.
Ordered, That the clerk inform the house of delegates thereof.
No. 7, A bill for the relief of families of soldiers living in counties
within the lines or under the control of the enemy, was taken up.
The house of delegates insist on their 6th amendment.
Pending the consideration thereof,
On motion of Mr. Christian of Middlesex, the senate adjourned until
to-morrow, twelve o'clock.
THURSDAY, February 11, 1864.
Prayer by Rev. Dr. Read.
A communication from the house of delegates by their clerk, was read
as follows :
In house of delegates, February 10, 1864.
The house of delegates have passed with amendments senate bill en¬
titled an act to amend sections 31 and 32 of chapter 184 of the Code,
so as to increase the fees of clerks of courts for certain services, No.
43; in which amendments they respectfully request the concurrence of
the senate.
journal of the senate of virginia.
133
No. 43, A bill to amend sections 31 and 32 of chapter 184 of the
Code, so as to increase tfhe fees of clerks of courts for certain services,
with amendments proposed by the house of delegates, was taken up and
the amendments concurred in.
Mr. Newlon, from the committee of privileges and elections, submit¬
ted a report on the petition of James M. Taliaferro, contesting the seat
of Edward T. Tayloe, returned from the 23d senatorial district; which
was subsequently taken up, and on motion of Mr. Coghill, laid on the
table and ordered to be printed. Doc. No. 15.
Mr. Cd^hill, from the committee for courts of justice, presented,
No. 66, A bill to amend the 30th section of chapter 182 of the Code
in regard to docketing causes in the court of appeals at Lewisburg
during the existing war; which was subsequently taken up, read the •
first time and ordered to be read a second time; and
No. 67, A bill to amend an act to extend the time within which to
institute proceedings for misdemeanors in counties, cities and towns in
possession of or threatened by the enemy, passed March 23, 1863 ;
which was subsequently taken up, read the first time and ordered to be
read a second time.
Mr. Carson, from the committee on military affairs, submitted the
following report:
The committee on military affairs of the Virginia senate, have ac¬
cording to order, had under consideration the subjects referred to it by
the following resolution'
" Resolved, That the resolution referred to the committee on military
affairs at the late extra session, directing them to enquire into and re¬
port the condition of the ordnance department of the commonwealth,
together with the partial report thereon, be referred back to said com¬
mittee with the request that they report fully on the subjectand beg
leave to report that your committee has arrived at the following conclu¬
sions, viz :
1st. That during the time embraced in the enquiry into the opera¬
tions of the state ordnance department, a quantity of ammunition put
up for the state within that time was exceedingly defective, and indeed
wholly unfit for the uses it was intended for.
2d. That the defective character of the ammunition arose in part
from the following causes—viz : the use of worn .and inaccurate moulds
for bullets; the want of any proper guage to test ball or shell, and often
insufficient charges of powder; and much of it was damaged by expo¬
sure to weather.
In consideration of the premises, therefore, your committee beg leave
respectfully to suggest the necessity and importance of a change in the
organization of the ordnance department.
All of which is respectfully submitted.
James H. Carson, Clin.
February 11th, 1864. '
Subsequently the report was taken up—when,
Mr. Taylor made an unsuccessful motion to lay on the table and print
the report and accompanying documents.
134
JOURNAL OF THE SENATE OF VIRGINIA.
On motion of Mr. Quesenberry, the report .was laid on the table.
On motion of Mr. Spitler, *
Resolved, That the committee on finance enquire into the expediency
of reporting a bill allowing additional compensation to the jailor of
Page county for keeping certain prisoners confined in the jail of said
county.
On motion of Mr. Johnson, the rule requiring house bills and resolu¬
tions to remain under the control of the senate two days after their pas¬
sage or rejection, was suspended for the residue of the session.
On motion of Mr. Johnson, it was **
Ordered, That he communicate to the house of delegates,, the passage
of sundry house bills.
No. 7, A bill for the relief of families of soldiers living in counties
within the lines or under the control of the enemy, being the unfinished
business of yesterday, was taken up.
The house of delegates insist on their 6th amendment to said bill.
Mr. Armstrong moved that the senate insist on their disagreement to
said amendment and ask a committee of conference on the subject,t and
the question being put thereon, was determined in the affirmative.
On motion of Mr. Armstrong, it was
Ordered, That he communicate the action of the senate on the sub¬
ject to the house of delegates.
The president appointed as the said committee of conference on the
part of the senate, Messrs. Armstrong, Garrison, Dulanv, Ball and
Taylor.
No. 40, A bill making debts due to branch banks within the enemy's
lines payable to the mother banks within the confederate lines, wa3
taken up, read the third time, and on motion of Mr. Christian of Au¬
gusta, laid on the table.
Subsequently the bill was taken up on motion of Mr. Christian of
Augusta, and passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 46, A bill confirming and amending the charter of the Rich¬
mond glass manufacturing company, was taken up, read the third time,
and on motion of Mr. Coghill, laid on the table.
No. 47, A bill to incorporate the Richmond city insurance company,
was taken up, read the third time and passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 51, A bill to amend the 11th and 12th sections of chapter 170 of
the Code of Virginia, so as to dispense with the order of publication
during the existing war, was taken up, read the third time and passed
with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 28, A bill to suppress trade combinations was taken up on motion
of Mr. Coghill, and passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
JOURNAL OP THE SENATE OP VIRGINIA.
135
No. 45, A bill to abolish the present ordnance department and create
another, was taken up on motion of Mr. Newman of Mason, and on mo¬
tion of Mr. Quesenberry, laid on the table.
A message was received from the house of delegates by Mr. Magru-
der, who informed the senate that that house had passed with amend¬
ments, senate bill entitled an act to amend the 10th and 11th sections
of chapter 184 of the Code of Virginia, as amended by the act passed
March 24th, 1863, entitled an act increasing the compensation of clerks
of courts during the existing war, No. 42.
Subsequently the bill was taken up, and the question being on agree¬
ing to the amendments of the house of delegates,
On motion of Mr. Johnson, the bill was recommitted to the committee
for courts of justice.
A message was received from the house of delegates by Mr. Pendle¬
ton, who informed the senate that that house had agreed to the amend¬
ments proposed by the senate to house bills entitled an act disbanding
the 179th regiment of the militia of the line, and for the more efficient
organization of the 19th regiment of the militia of the line, and the 1st
regiment of the second class militia, No. 141; and an act vacating the
commissions of militia officers of the line, No. 84.
No. 39, A bill more effectually to suppress Unlawful trading on boats
plying the rivers and canals of the commonwealth, with the amendment
proposed by the house of delegates, was taken up on motion of Mr. Guy,
and the amendment concurred in.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Marshall offered the following joint resolutions, (modified at the
suggestion of Mr. Lynch), which lie over under the rules:
Resolved, That the keeper of the rolls be directed to have the con¬
stitution of the Confederate States printed and bound with the acts of
assembly of the present session.
Resolved, That all changes or amendments of the constitution of'the
federal government that may have , been introduced and adopted in the
constitution of the Confederate States, shall be printed in parallel col¬
umns with the text of the federal constitution, and in italics, so as to
designate the said changes and amendments.
On motion of Mr. Marshall, the rules were suspended for the purpose
of taking up and considering the resolutions to-day, and the question
being put on the adoption of the resolutions, was determined in the
negative.
On motion of Mr. Johnson, the senate adjourned until to-morrow,
twelve o'clock.
FRIDAY, February 12, 1864.
A communication from the house of delegates by their clerk, was
read as follows :
In house of delegates, February 11, 1864.
The house- of delegates have agreed to the resolution for a committee
136
journal op the senate op Virginia.
of conference m relation to the disagreement of the two houses in rela¬
tion to senate bill entitled an act for the relief of families of soldiers
living in counties within the lines or under the control of the enemy,
No. 7.
And they have passed a hill entitled an act prescribing the mode of
serving notices in certain cases, No. 87 ; in which hill they respectfully
request the concurrence of the senate.
No. 87, House hill entitled an act prescribing the mode of serving
notices in certain cases, was taken up, twice read, and on motion of Mr.
Brannon, the rule requiring its comm%ment was suspended, and the hill
read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Logan, from the committee on general laws, presented
No. 08, A bill to amend and re-enact the 12th section of the 77th
chapter of the Code of Virginia, which was subsequently taken up, read
the first time and ordered to he read a second time.
Mr. Johnson, from the committee on roads and internal navigation,
submitted a report declaring it inexpedient to legislate upon the subject
of a resolution restricting railroads in this commonwealth to at least tri¬
weekly passenger trains, &c., which was subsequently taken up and con¬
curred in.
And he, from the same committee, reported as amended in the senate,
No. 60, House hill entitled an act to amend the 1st section of an act
passed April 12th, 1852, entitled an act to authorize the construction
of the Wytheville and Grayson turnpike, and to make branches thereof
to the lead mines of Wythe county and Ilillsville in Grayson county,
which was taken up, read the third time, and the question on the pas¬
sage thereof being put, was determined in the negative—ayes 15;
noes 22.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Bales, Coffman, Graham, Grice, Johnson,
Keen, Lawson, Marshall, Newman of Mason, Saunders, Shriver, Ste¬
phenson, Taylor and Witten—15.
Noes—Messrs. Armstrong, Ball, Branch, Brannon, Bruce, Carson,
Christian of Augusta, Coghill, Dulany, Garnett, Garrison, Guy, Hart,
Hunter, Jones, Lewis, Logan, Neeson, Newlon, Quesenberry, Spitler
and Tayloq—22.
On motion of Mr. Tayloe, the vote by which the" bill was rejected
was reconsidered, and on his further motion, the bill was laid on the table.
No. 38, A bill to prevent unlawful carrying of slaves on boats, was
taken up on motion of Mr. Guy, and passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
Mr. Branch, from the committee on public institutions, reported with¬
out amendment,
No. 61, House bill entitled an act to amend and re-enact the charter
of the Union female college, which was taken up ; and on motion of Mr.
Keen, the blank in the bill was filled with the words " twenty- second
December 185 J."
journal of the senate of virginia. " 1ST
The hill was then read the third time-and passed* •
Mr. Marshall made an unsuccessful motion to amend the' title by
striking out the* word "college" and inserting in lieu thereof the word
"seminary." •' . '
On motion of Mr. Ke'en, it was
Ordered, That he communicate the. same to the house of delegates
and request their concurrence in the amendment*
On motion of Mr. Randolph,
Resolved, That the committee on general laws enquire into the expe¬
diency of extending the corporate limits of the city of Richmond.
On motion of Mr? Randolph,
Resolved, That the committee on general laws enquire into the expe¬
diency of increasing the capital stock of the Virginia fire and marine
insurance company.
On motion of Mr. Carson, the senate adjourned until to-morrow?
twelve o'clock.
SATURDAY; February 13, 1864.
Prayer by Rev. Dr. Read.
A conimunication from the house of delegates by their clerk, was1
read as follows:
In house of delegates, February 12, 1864.
The house of delegates have agreed to the amendments proposed by
the senate to house bill No. 20, entitled an act amending and re-enact--
'ing the seventh section of chapter 165 of the Code of Virginia, edition
of 1860.
And they have passed with an amendment, senate bill No. 47, enti¬
tled an act to incorporate the Richmond city insurance company; in
which amendment they request the concurrence of the senate.
No. 47, A bill to incorporate the Richmond city insurance company,
with the amendment thereto proposed by the house of delegates, was
taken up and the amendment concurred in.
On motion of Mr. Frazier,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law for the confiscation to the common¬
wealth of all the estates, real and personal, of citizens within the mili¬
tary age, who shall hereafter abandon the fortunes of the state and the
Confederacy, by going over to the enemy or into other foreign coun-
tries; and that said committee further enquire how the estates of such
as may have already so abandoned, may be lawfully reached and held
by the commonwealth.
Mr. Coghill presented a petition from James Mercer, (a free negro)1-
praying the passage of a law to authorize the county or .circuit court of
Amherst county to enslave him; which was taken up and referred to
the committee for courts of justice.
No. 40, A bill releasing R. F. and D. G. Bibb from liability under'
188
journal or the senate oe virginia.
a contract for the*hire of negro convicts, was taken up on motion of
Mr. Coghill, and the question on the passage thereof being put, was
determined in the affirmative—ayes 30; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Bales, Ball, Brannon, Carson, Coghill,
Coffman, Dillard, Dulany, Frazier, Graham, Grice, Guy, Johnson, Jones,
Lawson, Lewis, Lynch, Marshall, Nash, Newlon, Newman of Madison,
Newman of Mason, Quesenberry, Saunders, Shriver, Stephenson, Tay-
loe, Taylor and Witten—30.
The title of t^ie bill was then agreed to.
Ordered, That the clerk communicate the same tt) the house of dele¬
gates and request their concurrence therein.
On motion of Mr. Carson, the senate resolved itself into secret ses¬
sion, and after some time spent therein, the doors were reopened.
The president appointed Mr. Tayloe a member of the committee on
banks.
On motion of Mr Hunter,
Resolved, That the committee for courts of justice be instructed to
revise the act passed on the 16th -day of October, entitled an act to
suppress gambling, with the view of rendering the law more perfect an!
effective in accomplishing the purposes of said act, and report such
amendments as they may dee'm expedient.
Mr. Coghill, from the committee for courts of justice, repofted with
the amendment to the amendments proposed by thq house of delegates,
No. 42, A bill to amend the 10th and 11th sectipns of chapter 184
of the Code of Virginia, as amended by the act passed March 24,1863,
entitled an act increasing the compensation of clerks of courts during
the existing war ; which was taken up and the amendment to the amend¬
ments agreed to, and the amendments proposed by the house ■ of dele¬
gates as amended, were then agreed to.
The house of delegates propose to amend the title so as to read : "An
act to authorize clerks of courts for certain services to charge double
the sums specified in the act passed March 24th, 1863, entitled an act
to amend and re-enact an act entitled an act increasing the .compensa¬
tion of clerks of courts during the existing war," and the question on
agreeing thereto heing put, was determined in the affirmative.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence in the amendment proposed.
On motion of Mr. Lawson, the senate adjourned tmtil Monday, twelve
o'clock.
MONDAY, February 15, 1864.
Prayer by Rev. Dr. Duncan.
A communication from the house of delegates by their clerk, was read
as follows :
In house of delegates, February 13, 1864.
The house of delegates have agreed to the amendment proposed by
journal of the senate of virginia.
139
the senate to house bill entitled an act to amend and re-enact the charter
of the Union college, No. 61.
And they have agreed to a resolution in relation to .the accounts of
the public printer; in which they request the concurrence of the senate.
Resolution from the house of delegates in relation to accounts of the
public printer, was taken up and agreed to.
On motion of Mr. Johnson, the vote by which the resolution was
agreed to was reconsidered, and on his motion the resolution was re¬
ferred to the committee on finance.
Mr. Ncwlon, from the committee of privileges and elections, submit¬
ted a report which was read as follows :
The committee of privileges and elections have, according to order,
had under consideration the certificates of members returned to serve in
the senate from the following districts, and report that Joseph J. Gra¬
ham was duly elected on the 3d day of December, 1863, to represent
the forty-first district.to fill a vacancy occasioned by the resignation of
William E. Peters.
Edward T. Tayloe was duly elected on the 21st day of December
1863, to represent the 23d district to fill a vacancy occasioned by'the
death of John Seddon.
William Mahone was duly elected on the 31st day.of December 1863,
to represent the 2d district to fill the vacancy occasioned by the resig¬
nation of William E. Taylor. And
Andrew Hunter wafs duly elected on the 31st day of January 1864,
to represent the 31st 'district to fill a vacancy occasioned by the resig¬
nation of Edwin L. Moore.
All of which is respectfully submitted.
.Charles W. Newlon, Clin.
On motion of Mr. Newlon, the report was laid on the table.
Mr. Armstrong, from the committee of conference on the subject of
disagreement between the two houses on the bill for the relief of the
families of soldiers residing- in counties within the lines or .under the
• control of the enemy, submSced a report recommending that the house
of delegates recede from its amendment.
Mr. Taylor asked for, and obtained leave to introduce
No. 70, A bill to amend and re-enact pn act entitled an act to pre¬
scribe the mode of ascertaining and certifying elections of delegates
and senators during the existing war, passed March 24th, 1863; which
on his motion was taken up, read the first time, and on motion of Mr.
Armstrong, referred to the committee of privileges and elections.
A message was received from the house of delegates by Mr. Hay-'
mond of Braxton, who informed the senate that that house 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 commit¬
tee on salt, and the engineer employed to examine the condition and ca¬
pacities of the salt works, &c.; which was subsequently taken up, twice
read, and on motion of Mr. Brannou, Was amended by striking out the
words u until the expiration of twelve months after the ratification of a
uo
JOURNAL OF THE SENATE OF VIRGINIA.
treaty of peace between the United States and the Confederate States",
and inserting in lieu thereof the words '' during the present war".
On motion of »Mr. Taylor, the bill was further amended by adding at
end of 3d section, the following proviso: " Provided that the several
sums herein named shall be paid in such currency as is received by the
state in payment of her public dues."
The bill was then read the third time, and the question being put on the
passage thereof, was determined in the affirmative—ayes 36 ; noes none.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Pales, Ball,- Brannon, Bruce,
Carson, Christian of Augusta, Coghill, Coffman, Dillard, Dulany, Fra-
:zier, Garnett, Garrison, Graham, Grice, Hunter, Johnson, Jones, Law-
son, Lewis, Logan, Lynch, Marshall, Nash, Newlon, Newman of Madi-"
son, Newman of Mason, Quesenberry, Stephenson, Spitler, Tayloe, Tay¬
lor, Wiley and Witten—36.
Mr. Coghill, from the'joint committee on salt, presented the following
resolution, on which- the committee respectfully.request action to be
taken by the general assembly:
Resolved by the general assembly, That the president of the board
of public works shall have authority to arrange with John N. Clarkson
the terms upon which his slaves shall be employed in the production of
salt at .the works of which he is superintendent, and to make such con¬
tract therefor as may' be necessary.
The resolution lies- over under the rules.
On motion of Mr. Lynch, (modified at the suggestion of Mr. Carson),
Resolved, That the committee for courts of justice enquire into the
expediency of amending all -the laws making a temporary increase of
pay or salary, so as to limi,t the Operation of said laws to the continu¬
ance only of the present war., and to payments in such currency as shall
be receivable by.the state in payment of public dues.
Mr. Logan, from the committee on general laws, presented
No. 71, A bill amending the second section of an act amending the
charter of the Virginia fire and marine insurance company, passed Jan¬
uary 4, 1858, which was taken up, read the first time and ordered to
be read a second time. .
On motion of Mr. Carson, the senate resolved itself into secret ses-
.sion, and after some time spent therein, the doors were reopened—when,
On motion of Mr. Christian of Augusta, the senate adjourned until
to-morrow, twelve o'clock.
.TUESDAY, FEERUARY 16, 1864.
Prayer by Rev. Dr. Granberry,
A communication from the house of delegates by their clerk, was read,
.as follows:
In house of delegates, February 15th, 1864.
The house of delegates have agreed to the amendment proposed by
the senate to the amendment proposed by the house of delegates to
JOURNAL" OP THE SENATE OP VIRGINIA.
141
senate bill entitled an act to amend the 10th and 11th sections of chap¬
ter 184 of the.Code of Virginia as amended bj the act passed March
24, 1863, entitled an act increasingthe compensation of clerks of courts
during the existing war, No. 42.
And they have passed a bill entitled an act to incorporate the Stone¬
wall insurance company, No. 77; in which they request the concurrence
of the senate.
No. 77, House bill entitled an act to incorporate the Stonewall insu¬
rance company, was twice read and referred to the committee on general
laws.
Mr. Carson, from the committee on military affairs, submitted a report
asking to be discharged from .the further consideration of a resolution
enquiring into the expediency of providing by law for the appointment
of an agent to collect the names, with the rank, company, regiment, &c.,
of all Virginia soldiers,. &c.; which was subsequently taken up and con¬
curred in.
No. 53, A bill amending and re-enacting the 1st section of chapter
214, "(Code of 1860), so as to provide for the punishment of free negro
convicts in certain cases was taken up, read the second time and ordered
to be engrossed and read a third time. " ' #' •
No. 54, A bill to amend and re-enact section 44 of chapter 49 of the
Code so as to increase the allowance t,o sheriffs and sergeants for services
to the public, was taken, up and read the second time. Thereupon,
On motion of Mr. Brannon, the bill was amended by striking out in
the second section all after the word "force" in the second line, and
inserting in lieu thereof the words " during the present war".
The bill as amended was then ordered to be engrossed and read a
third time.
The following bills were taken up, read the secondjame. and ordered
to be engrossed and read a third time : ' .
No. 56, A bill to amend the 3d section of an act for the relief of in¬
digent soldiers and .sailor's, &c., passed October 31, 1863.
No. 57, A bill to amend the 54th section of chapter 61 of the Code
of Virginia, (edition of I860).- •
No'. 71, A bill amending the 2d section of an act amending the char¬
ter of the Virginia fire and marine insurance company, passed January
4th, 1858.
Mr. Brannon, from the committee on finance, presented
No. 72, A bill concerning jailors' fees ; whidh was taken up, read the
first time and ordered to be read a second time; and
No. 73, A bill amending the 38th chapter of the Code (edition of
1860) in relation to the assessment of taxes on licenses; which was.
taken up, read the first time and ordered to be read a second time.
On motion of Mr. Quesenberry,
Resolved, That the committee on military affairs enquire as to the
terms on which the confederate government occupy the Virginia armory,
and report in full to the senate.
No. 50, A bill to authorize the board of public works to increase the
rates of toll to be charged by railroad companies, was taken up on mo-
142 JOURNAL OP THE SENATE OP VIRGINIA.
tion of Mr. Johnson, who thereupon submitted a substitute by way of
amendment to the bill. Pending the consideration of which,
On motion of Mr. Quesenberry, the bill was laid on the table and the
substitute ordered to be printed.
On motion of Mr. Carson, the senate resolved itself into secret ses¬
sion, and after considerable time spent therein, the doors were re¬
opened—when,
On motion of Mr.'Erazier, the senate adjourned until to-morrow,
twelve o'clock.
WEDNESDAY, February 17,-1864.
Prayer by Rev. Dr. Granberry.
A communication from the house of delegates by their clerk, was
read as follows :
# In house of delegates, February 16, 1864.
The house of delegates have agreed to the amendments proposed by
the senate to house bill entitled an act providing compensation to the
ptlges 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 works, No. 45.
And they have passed bills entitled an act for the relief of the secu¬
rities of R. P. Baker, late sheriff of Grayson county, No. 58; an act
to amefld the charter of the city of Petersburg, No. 110; and an act
to authorize the common council of Danville to acquire lands in the
■county of Pittsylvania for certain public uses, No. 68.
And they have agreed to a resolution for another committee of con¬
ference in relation to senate bill entitled an act for the relief of families
of soldiers, be.
In which bills and resolution they request the concurrence of the senate.
No. 68, House bill entitled an act to authorize the common council
of Danville t® acquire lands in the county of Pittsylvania for certain
public uses, was twice read and on motion of Mr. Keen, the rule requir¬
ing the commitment of the same was suspended, and the bill read the
third time and passed.
Ordered, That the clerk communicate the same to the house of dele-
^ *
gates.
No. 110, House bill entitled an act to amend the charter of the city
of Petersburg, was twice read, and on motion of Mr, Christian of Au¬
gusta, the rule requiring the commitment of the same was suspended,
and the bill read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. 58, Ilpuse bill entitled an act for the relief of the securities of
R.' P. Baker, late sheriff of Grayson county, was twice read and re¬
ferred to the committee on finance.
The following resolution from the house of delegates was taken up,
JOURNAL OF THE SENATE OF VIRGINIA.
143
and so much*of the resolution as requests'a committee of conference
was concurred in.
Resolved, That the senate he informed that the house of delegates
have disagreed to the report of the committee of conference in relation
to the matters of disagreement between the two houses in relation to
senate bill entitled an act for the relief of families of soldiers living'in
counties within the lines or under the control of the .enemy, and' that
they respectfully ask the appointment of another committee of confe¬
rence.
The president appointed Messrs. Armstrong, Grice, Lewis, Hunter
and Christian of Augusta.
On motion of Mr. Armstrong, it was
Ordered, That he inform the house of delegates thereof.
Mr. Logan, from the committee on general laws, reported with
amendments,
No. 77, House bill entitled an act .to incorporate the Stonewall insu¬
rance company; which was subsequently taken up and the amendments
concurred in. i
The bill as amended was then read the third time and passed.
On motion of Mr. Hart, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence in the amendments.
No. 53, A bill amending and re-enacting the fir.st section of chapter
214, (Code of 1860), so as to provide for the punishment of free, negro
convicts in certain cases, was taken up, read the third time and passed
with its title.
Ordered; That the clerk communicate the same to the house of. dele¬
gates, and request their concurrence therein.
No. 54, A bill to amend and re-enact section 44 of chapter 49 of the
Code, so as to increase the allowance to sheriffs and sergeants for servi¬
ces to the public, was taken up, read the third time, and the question on
the passage thereof being put, was determined in the affirmative—ayes
31; noes 2.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Brannon, Bruce, Carson, Christian of
Augusta, -Christian of Middlesex, Day, Dillard, Dulany, Frazier Gar-
nett, Garrison, Graham, Grice, Guy, Hart, Jones, Keen, Lawson, Lewis,.
.Lynch, Newlon, Newman of Madison, Quesenberry, Saunders, Shriver,
Stephenson, Spitler, Taylor and Wiley—31.
Noes—Messrs. Bales and Witten—2.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 56, A bill to amend the 3d section of an act for the relief of in¬
digent soldiers and sailors, &c., passed October 31st, 1863, was tak'en
up, read the third time, and the question on the passage thereof being
put, was determined in the affirmative—ayes 33 ; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Bales, Ball, Brannon, Bruce, Carson, Chris¬
tian of Augusta, Christian of Middlesex, Day, Dillard, Dulany, Fra-
144
JOURNAL OP THE SENATE OP VIRGINIA.
zier, Garnett, Garrison, Graham, Grice, "Guy, Hart, Hunter, Jones,
Keen, Lewis, Logan, Lynch, Newlon, Newman of Mason, Quesenberry,
Saunders, Shrive'r, Stephenson, Spitler, Taylor and Witten—33.
."The title of the hill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No.' 57, A bill to amend the 54th section of chapter 61 of the Code
of Yirginia, (edition of 1860), was taken up, read the third time, and
the question on the passage thereof being put, was determined in the
affirmative—ayes 33 ; noes none.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Bales, Ball, Brannon, Bruce, Carson, Chris¬
tian of Augusta, Coffman, Bay, Frazier, Garnett, Garrison, Graham,
Grice, Guy, Hart, Hunter, Jones, Keen, Lawson, Lewis, Logan, Lynch,
Newlon, Newman of Madison, Newman of. Mason, Quesenberry, Saun¬
ders, Shriver, Stephenson, Spitler, Taylor and Witten—33.
On motion of Mr. Christian of Augusta, the title was amended and
agreed to as follows:
" A bill to amend the 54th section of chapter 61 of the Code of Yir¬
ginia (edition of 1860) in relation to transfer of turnpikes to the coun¬
ties in which they lie."
Ordered, That the clerk communicate the same to the house of. dele¬
gates and request their concurrence therein.
.No. 71, A bill amending the 2d section of an act amending the char¬
ter of the Yirginia fire and marine insurance company, passed January
4th, 1858, was taken up, read the third time and passed with its title.
•Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 58, A bill authorizing the connection of certain railroads within
the city of Richmond, was taken up and read the second time. There¬
upon,
Mr. Christian of Augusta, moved to amend the second section by in¬
serting after the word "Richmond" in the fifth line, the words "and
the Richmond and Petersburg railroad company to extend its road
through the city of Petersburg". Pending which,
On motion of Mr. Christian of Augusta, the bill was laid on the
table.
On motion of Mr. Frazier,
Resolved, That the committee for courts of justice enquire into the
expediency of prohibiting, during the present war, all theatrical exhh
bitions" and public shows.
On motion of Mr. Keen,
Resolved, That the committee on military affairs enquire into the ex¬
pediency of reporting a bill recommending to the governor such persons
for exemption as may be necessary to carry on the state government
and for. other purposes.
On motion of Mr. Christian of Middlesex,
P Resolved, That the committee on general laws be instructed to en¬
quire into the expediency of prohibiting the cultivation of tobacco du¬
ring the present "war.
.j&TRNAL OF THE SENATE OF VIRGINIA.
145
On motion of Mr. Grice,
Resolved, That the committee on finance be instructed to report what
legislation, if any, is necessary in consequence of the recent acts of
congress on the currency question.
No. 55, A hill to amend and re-enact the 18th; 33d, 34th and 36th
sections of chapter 184 of the Code of Virginia, so as to increase the
fees and compensation of [sheriffs and sergeants, was taken up and read
the second time.
On motion of Mr. Guy, the hill was amended by striking out in the
1st section and 19th line, the words " one dollar".
Mr. Johnson moved to reconsider the vote by which the amendment
was adopted. Pending which,
On motion of Mr. Brannon, the bill was laid on the taMe.
The.president laid before the senate a communication from the gov¬
ernor, relative to convictions by courts of oyer and terminer ; which on
motion of Mr. Christian of Middlesex, was referred to the committee5
for courts of justice.
No. 60, A bill imposing fines on agents for failing to deliver salt to'
persons entitled thereto, was taken up and read the second time.
The committee propose'to amend the 1st section by inserting afte£
the word " thereto" in the fifth line, the words "in his or her turn",
and the question being on the adoption of the amendment,
Mr. Keen made an unsuccessful motion to lay the bill on the table.
The question recurring and being put ,on the adoption of the amend¬
ment, was determined in the negative.
The second amendment of the committee, which is in these words*
" insert after the words ' applied to' in the fourth line, first section, thri
Words ' within the period fixed for delivery by said agent' " Was agreed to.
Mr. Guy made an unsuccessful motion to amend the bill by adding a
proviso at the end of the first section.
The bill as amended was then ordered to be engrossed and read a
third time.
The following bills were taken up, read the second time and ordered
to be engrossed and read a third time :
No. 61, A bill requiring the board of public works to suspend the
payment of any subscription on the part of .the state to certain internal
improvement companies.
No. 62, A bill to provide for the importation of certain machinery.
No. 63, A bill to furnish the counties of the state with a model of the
"flying shuttle attachment" for looms ; and
No. 66, A bill- to amend the 30th section of chapter 182 of the Code
in regard to docketing causes in the court of appeals at Lewisburg
during the existing war.
No. 67, A bill to amend an act to extend the time within which tor
institute proceedings for misdemeanors in counties, cities arid towns iir
possession of or threatened by the enemy, passed March 23, 1863, was
taken up, read the second time, and on motion of Mr. Coghill, laid.oir.
the table.
Mr. Johnson offered the following preamble and joint resolution,?
Which lies over under the rules :■
19
146
journal of tiie senate of virginia.
Whereas, in .view of the pressing importance of making extraordinary
efforts to produce- *as large crops as possible the present year; and
whereas the recent requisition by the confederate authorities for slave
labor to work on fortifications will, if carried out, interfere seriously
with the farming productions of the state ; therefore, be it
Resolved by the general assembly, That the governor of this, state
he respectfully requested to confer with the authorities of the Confede¬
rate States, and urge upon them the necessity, in the present emergency,
of releasing the slaves from said requisition.
On motion of Mr. Lawson, the senate adjourned until to-morrow,
twelve o'clock.
THURSDAY, February 18, 18G4.
Prayer by Rev. Dr. Granberry.
Mr. Neeson, from the committee for courts of justice, presented
No. 74, A bill to amend the 1st and 2nd sections of an act to sup¬
press gaming, passed October lGtli, 18C3. •
Mr. Brannon, from the committee on finance, reported with an amend¬
ment,
No. 58, House bill entitled tin act for the relief of the securities of
R. P. Baker, late sheriff of Grayson county.
No. 60, A bill imposing fines on agents for failing to deliver salt to
persons entitled thereto, was taken up, read the third time, and on mo¬
tion of Mr. Johnson, laid on the table.
A message was received from the house of delegates by Mr. Ray¬
mond of Marion, who informed the senate that that house was ready on
its part to proceed to the execution of the joint order of the day, which
has for its object the election of a public printer; and that Joseph II.
Pendleton Stnd William B. Allegro were in nomination for the office.
Thereupon,
Mr. Johnson moved that the house be informed that the senate is
ready on its part to proceed to the execution of the joint order, which
was agreed to ; and it was
Ordered, That Mr. Nash communicate the same to the house of dele¬
gates and inform that house that no additional nominations had been
made in this body.
The roll was then called with the following result:
For Joseph H. Pendleton, - - lo
William B. xYllegre, - • - - 2'J
The senators who voted for Mr. Pendleton, are—Messrs. Aldoivon,
Brannon, Coffman, Dillard, Dulancy, Graham, Hunter, Neeson, New-
Ion, Quesenbcrry, Saunders, Shriver and Stephenson—IB.
The senators who voted for Mr. Allcgre, are—Messrs. Armstrong,
Bales, Ball, Branch, Bruce, Carson, Christian of Middlesex, Day, Fra-
zier, Garnett, ■ Garrison, Grice, Guy, Hart, Johnson, Jones, Keen Law-
son, Lewis, Lynch, Marshall, Nash, Newman of Madison, Newman of
Mason, Spitler, Tayloc, Taylor, Wiley and Witten—2b.
JOURNAL OP THE SENATE OP VIRGINIA. 147
The president appointed Messrs. Johnson, Neeson, Nash, Shriver and
Jones a committtee to act jointly with a similar committee from the
house of delegates and count the joint vote.
The committee through their chairman Mr. Johnson, reported:
Whole number of votes cast, - - 158
Necessary to a choice, -' - - 80
Of which Joseph IT. Pendleton received, m - 103
William B. Allegre " - 55
Joseph TI. Pendleton having received a majority of all the votes cast,
was declared by the president duly elected public printer for the term
of two years, commencing on the second day of January 1865.
The preamble and joint resolution in regard to requisition for slave
labor on fortifications, was taken up on motion of Mr. Johnson. There¬
upon, ' ' -i
Mr. Christian of Middlesex, moved to lay the resolution on the table.
Thereupon,
Mjn Bruce made an unsuccessful motion to adjourn.
The question recurring and being put on the motion to lay on the
table, was determined in the negative—ayes 17; noes 22.
On'motion of Mr. Johnson, the vote was recorded as follows:
Ayes—Messrs. Ball, Brannon, Bruce, Carson, Christian of Augusta,
Christian of Middlesex, Garrison, Grice, Hunter, Keen, Lawson, Lewis,
Newlon, Newman of Mason, Shriver, Stephenson and Tayloe—17t
Noes—Messrs. Alderson, Armstrong, Bales, Coghfll, Coffman, Bay,
Dulaney, Frazier, Garnett, Guy, Hart, Johnson, Jones, Lynch, Mar¬
shall, Nash, Newman of Madison, Quesenberry, Saunders, Taylor, Wi¬
ley and Witten—22.
Mr. Frazier moved to amend the resolution by adding at the end
thereof the words " if in the judgment of the confederate authorities
this release may be granted consistently with the necessities of the mili¬
tary situation," and the question thereon being put, was determined in
the affirmative.
The question on the adoption of the resolution as amended being put,
was determined in the affirmative—ayes 22 ; noes, 18.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Christian of Au¬
gusta, Coghill, Coffman, Frazier, Garnett, Graham, Guy, Hart, John¬
son, Jones, Lynch, Nash, Newmaii of Madison, Quesenberry, Saunders,
Taylor, Wiley and Witten—22.
Noes—Messrs. Brannon, Bruce, Carson, Christian of Middlesex,
Bay, Bulaney, Garrison, Grice, Hunter, Keen, Lawson, Lewis, Mar¬
shall, Newlon, Newffian of Mason, Shriver, Stephenson and Tayloe—18.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
Mr. Wiley, from the joint committee to examine the second auditor's
office, presented the following report:
The joint committee appointed to examine the second auditor's office
beg leave to make the following report:
On such examination as your committee could make consistently with
their other duties, your coumiLce aie satisfied that the business of the
148
journal or the senate of virginia.
office is faithfully performed; the hooks are neatly and accurately kept;
the vouchers are labelled and neatly filed and classified for convenient
future reference. Your, committee believe that the present incumbent
of the office has faithfully discharged his duty.
On motion of Mr. Frazier, the senate adjourned until to-morrow,
twelve o'clock.
FRIDAY, February 19, 1864.
A communication from the house of delegates by their clerk, was
read as follows:
In house of delegates, February 18, 1864.
The house of delegates have passed senate hills entitled an act to
prevent the unlawful carrying of slaves on boats, No. 38; and an act
releasing R. F. & D. G. Bibb from liability under a contract for the hire
of negro convicts, No. 49.
And they have passed bills entitled an act authorizing the appoint¬
ment of a reporter of the proceedings of the house of delegates, N'o. 75;
an act amending and re-enacting the 10th section of chapter 170 of the
Code of Virginia, (edition of 1860), No. 35; an act to amend an act
entitled an act to regulate the tolls for passing Mayo's bridge, passed
March 12, 1835, No. 33; an act amending and re-enacting the 5th sec¬
tion of chapter 184 of the Code of Virginia, (edition of 1860), No. 86;
an act requiring railroad and canal companies to transport troops and
munitions of war, without the right to demand prepayment of fare, No.
.42; an act authorizing, in certain cases, the settlement of fiduciaries'
accounts before commissioners in chancery of courts other than those
in which such fiduciaries have been appointed, or in which the instru¬
ments creating their authority have been recorded, No. 40; an act for
the relief of George J. Arnold, No. 74; an act for the relief of the
personal representatives of A. B. Ukquhart, Joseph E. Gillett and Mad¬
ison J. Davis, No. 98-; in which bills they respectfully request the con¬
currence of the senate.
The committee on enrolled bills having examined sundry such bills
and finding them correctly enrolled, they are reported to the senate for
further examination.
No. 33, House bill entitled an act to amend an act entitled an act to
regulate the tolls for passing Mayo's bridge, passed March 12, 1835,
was taken up, twice read, and on motion of Mr. Nash, the rule requiring
the commitment of the bill was suspended and the shine laid on the table.
No. 35, House bill entitled an act amending and re-enacting the 10th
section of chapter 170 of the Code of Virginia, (edition of 1860),'was
taken up, twice read and referred to the committee for courts of justice.
No. 40, House bill entitled an ract authorizing, in certain cases, the
settlement of fiduciaries accounts before commissioners in chancery of
.courts other than those in which such fiduciaries have been appointed,
,or in ivhich the instrument creating their authority have been recorded,
JOURNAL OP THE SENATE OF VIRGINIA.
149
was taken up, twice read and referred to the committee for courts of
justice.
No. 36, House bill entitled an act amending and re-enacting the fifth
section of chapter 184 of the Code of Virginia, (edition of 1860), was
taken up, twice read and referred to the committee for courts of justice.
No. 42, House bill entitled an act requiring railroad and canel com¬
panies tos transport troops and munitions of war without the right to
demand prepayment of fare, was taken up, twice read, and on motion
of Mr. Christian of Augusta, (the rule being suspended therefor,) was
read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. T4, House bill entitled an act for the relief George J. Arnold,
was taken up, twice read, and on motion of Mr. Brannon, (the rule
being suspended therefor,) was read the third time and the question on
the passage thereof being put, was determined, for the want of'a con¬
stitutional majority, in the negative—ayes 23; noes 10.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Brannon, Carson, Hay,
Dulany, Frazier, Garrison, Graham, Grice, Guy, Hunter, Jones, Mar¬
shall, Newlon, Newman of Madison,-Newman of Mason, Quesenberry,
Saunders, Shriver, Stephenson and Witten—23.-
Noes—Messrs. Ball, Christian of- Augusta, Coghill, Garnett, Lawson,.
Lewis, Spitler, Tayloe, Taylor and.Wiley—10.
Subsequently, on motion of Mr. Coghill, the vote by which the bill
was rejected was reconsidered and the bill laid on the table.
No. 75, House bill entitled and act authorizing the appointment of a
reporter of the proceedings of the house of delegates, was taken up,
twice read and referred to the committee on general laws.
No. 98, House bill entitled at act for the relief of the personal re¬
presentatives of A. B. Urquhart, Joseph E. Gillett and Madison J,
Davis, was taken up, twice, read, and referred to the committee for
courts of justice.
Mr. Guy, from the select committee on domestic manufactures, sub¬
mitted a further report on the subject.
Mr. Armstrong, from the committee of conference on the disagreeing
votes of the two houses, on senate bill entitled an act for the relief of
families of soldiers living in counties within the lines or under the con¬
trol of the enemy, submitted the following, report:
The committee have had under consideration the matters of difference
to them referred, and have come to the following conclusion which they
recommend for the adoption of the general assembly :.
That the house recede from its sixth amendment to the senate bill
with an amendment. Strike out the words in the sixth line of the third
section, "mentioned in the first section," and insert "of five hundred
thousand dollars."
On motion of Mr. Quesenberry,
Resolved, That the auditor of public accounts be requested to inform
the senate what the probable expenses of the commonwealth will be for
the year beginning July 1864 and ending July 1865.
150
JOURNAL 0^ THE SENATE OP VIRGINIA.
On motion of Mr. Lewis,
Resolved, That the printer of the senate he directed to procure copies
of the three acts recently passed by congress, to wit: the acts in rela¬
tion to the currency, taxes and military conscription, and that he print
one thousand copies, thereof for the use of the senate.
On motion of Mr. Lewis,
Resolved, That the use of this chamber be tendered to the senate of
the confederate congress during the recess of the general assembly, and
that the clerk of the seriate communicate a copy of this resolution to
that body.
On motion of Mr. Brannon,
Resolved, That the committee for courts of justice enquire into the
expediency of amending the act of I2tli March 1802, for suppressing
unlawful distilling, so as to simplify the proceedings and increase the
efficiency of said act.
No. 60, A bill imposing fines on agents for failing to deliver salt to
persons entitled thereto, wTas taken up on motion of Mr. Newlon,
and he thereupon submitted the following clause by ivay of rider to the bill:
"Provided however, that the agent shall not be liable to the penal¬
ties of this act if the failure to deliver the salt is caused by no neglect
or fault on his part."
The rider was taken up and read the first and second times; thereupon
Mr. Keen made an unsuccessful motion to amend the rider by adding at
the end thereof the following:
"Nor shall it apply to any agent where the county or corporation
•court directs that the distribution shall be made otherwise than upon
application or in turn."
Mr. Brannon moved to amend the rider by adding at the end thereof
the following:
" And the currency hereby authorized to be tendered, shall be the same
received in payment of public dues to the state, and shall be received
upon the terms such currency may at the time be received for public,
dues." Thereupon,
Mr. Keen moved the indefinite postponement of the rider, which was
refused; and the question recurring on the adoption of the amendment
proposed by Mr. Brannon, and being put, was determined in the affirma¬
tive.
The rider as amended was then ordered to be engrossed and read a
third time; and-being forthwith engrossed, was read the third time, and
the question on the passage of the bill and rider being put, was deter¬
mined in the affirmative.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 50, A bill to authorize the board of public works to increase the
rates of .toll to be charged by railroad companies, was taken'up on mo¬
tion of Mr. Johnson.
The question being orf the adoption of the substitute proposed for the
bill, Mr. Garrison moved to amend the substitute by adding at the end
of the first section the following proviso :
JOURNAL OF THE SENATE OF VIRGINIA.
151
"Provided that no such railroad, canal or navigation company shall
he entitled to the privilege 0/ this act unless such company shall provide
its cars and boats, intended for the conveyance of passengers, with' an
ample supply of fuel, light and water," and shall keep the same clean
and neat foni the comfort of persons travelling therein; and on com¬
plaint to the board of public works, by any such traveler, that any
such company lias failed to supply such comforts, they shall examine
into the case, and if the truth of the complaint be established, then
the rates of toll to be charged by the company so failing, shall thereaf¬
ter be the rates heretofore provided by law; but if it shall be found
upon investigation that the officers of said road, canal or navigation
company used due diligence to furnish these articles, and that the default
was in consequence of the failure of some of their subordinate officers in
violation of their orders or rules, that they may be excused upon dis¬
charging from their employment the party so violating their orders and
rules: and the officers so discharged shall not be reinstated in his place
during the present war."
The question being put thereon was determined in the affirmative.
On motion of Mr. Armstrong, the substitute was further amended by
inserting tho»following as an independent section :
"It shall also be the duty of the railroad companies to have their
ticket offices opened and their agents for the sale of tickets in attendance,
and at the termini of such road the passenger cars open for the admis¬
sion of passengers, and baggage cars for the reception of baggage,
at least one hour before the advertised hour of departure of such train."
Mr. Armstrong moved further to amend the substitute.
Mr. Keen moved to lay the bill on the table and order the amend¬
ment to be printed, and the question being put thereon was determined
in the negative.
The question recurring on the adoption of the amendment, Mr. Arm¬
strong moved to lay the bill on the table, which was agreed to.
Messages were received from the house of delegates by Mr. Wilson,
informing the senate of the passage of house bill to amend and re-enact
an act entitled an act to extend the time for the exercise of certain
rights and remedies, passed March 14th, 1802, No. 158 ; by Mr. Ro¬
bertson, of the adoption of a resolution for the appointment of a joint
committee to consider how far the military act of congress, affects the
officers of the government of this state; and by Mr. Brooke, of the
agreement of the house of delegates to the report of the committee of
conference on the bill for the relief of families of soldiers in the lines
or under the control of the public enemy.
The resolution for the appointment of a joint committee to consider
how far the military act of congress affects the officers of the govern¬
ment of this state, was taken up and agreed to.
Ordered, That the clerk inform the house of delegates thereof.
On motion of Mr. Armstrong, the report of the committee of confe¬
rence 011 senate bill for the relief of families of soldiers in the lines as¬
under the control of the public enemy, was taken up—when,
Mr. Day made an unsuccessful motion to adjourn.
The question recurring on the adoption of the report,
152 JOURNAL Of TIIE SENATE OF VIRGINIA.
On motion of Mr. Christian of Augusta, the senate adjourned until
to-morrow, twcive o'clock.
SATURDAY, February 20, 18G4.
Prayer by Rev. Dr. Granberry.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, February 19, 1864.
The house of delegates have agreed to the joint resolution in regard
to the requisition fori slaves to work on fortifications.
No. 158, House hill entitled an act to amend and re-enact an act en¬
titled an act to extend the time for the exercise of certain rights and
remedies, passed- March 14tli, 1862, communicated to tfiis body yester¬
day, was taken^up, twice read, and referred to the committee for courts
of justice.
The president appointed as the joint committee on the part of the
senate to consider a resolution of the house enquiring how far state
officers are affected by the military bill recently passed by congress,
Messrs. Armstrong, Newman of Mason, Bruce, Quesenberry and Coff-
man.
Mr. Coghill from the committee for courts of justice, reported with¬
out amendment,
No. 35, House bill entitled an act amending and re-enacting the 10th
section of chapter 170 of the Code of Virginia, (edition of 1860.)
No. 36, House bill entitled an act amending and re-enacting the 5th
section of chapter 184 of the Coda of Virginia, (edition of 1860.)
No. 40, House bill entitled an act authorizing, in certain cases, the
settlement of fiduciaries' accounts before commissioners in chancery of
courts other than those in which such fiduciaries have been appointed, or
in which the instrument creating their authority have been recorded; and
No. 98, House bill entitled an act for the relief of the personal rep¬
resentatives of A. B. Urquhart, Joseph E. Gillett and Madison J. Davis.
Mr. Christian of Middlesex, from the committee on public.institutions,
submitted a report on tlie message of the governor in reference to the
impressment of certain public buildings in the town of Staunton, and on
the memorial of the trustees of the Virginia femaie institute relating to'
the same subject.
The report of the committee of conference on the subjects of disa¬
greement of the two houses on senate bill entitled an act for the re¬
lief of families of soldiers living in counties within the lines or under
the control of the enemy, being the unfinished business of yesterday,
was taken up and^agreed to.
No. 33, House bill entitled an act to amend an act entitled an act to
regulate the tolls for passing Mayo's bridge, passed March 12th, 1835,
was taken up on motion of Mr. Nash, read- the third time and passed*
JOURNAL OP THE SENATE OP VIRGINIA.
15rf
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. 50, A bill to authorize the hoard of public works to increase the
rates of toll to be charged by railroad companies, was taken up on mo¬
tion of Mr. Johnson, and the question being on the adoption of the
amendment proposed by Mr. Armstrong to the substitute, he, by leave,
withdrew the same, and submitted another, which was adopted.
The substitute was then further amended on motion of Messrs. Keen
and Armstrong, and the substitute as amended was agreed to.
The bill as amended was then ordered to be engrossed and read a
third time.
The report of the committee of privileges and elections, to which was
referred the petition of James M. Taliaferro contesting the right of
Edward T. Tayloe to a seat in the senate from the 23d senatorial district,
was taken up on motion of Mr. Newlon, and the resolution declaring
Edward T. Tayloe duly elected senator £rom that district was concurred
in.
The report of the committee of privileges and elections as to the elec¬
tion of certain members, was taken up on motion of Mr. Newlon, and
concurred in. *
No. 55, A bill to amend re-enact the 13th, 33d, 31th and 36th sec¬
tions of chapter 181 of the Code of Virginia so as to increase the fees
and Compensation of sheriffs and sergeants, was taken up on motion of
Mr. Garnett. •
The question pending when the bill was last under consideration being
on a-motion to reconsider the vote by which the words "one dollar,"
in the 19th line of printed bill, were stricken out, was put and determined
in the affirmative-; and the question on striking out "one dollar" being
put, was determined in the negative.
Mr. Johnson moved to amend the bill by inserting after the word
"hours," in the 21st Ik^s, the words: "provided that the county and
corporation courts of the commonwealth may establish, in their discre¬
tion, a different rate, of not less than fifty cents nor more than four dol¬
lars per diem."
Mr. Nash made an unsuccessful motion to strike out the words "four
dollars," and insert in lieu thereof the words "five dollars".
The question recurring and being put on the amendment proposed by
Mr. Johnson, was determined in the affirmative.
Oh motion of Mr. Newlon the word "five", in the 22d line was
stricken out.
Unsuccessful motions were made by Messrs. Guy, Newlon and Alder-
son to fill the blank.
On motion of Mr. Lynch, the blank was filled with "three".
The bill as amended was then ordered to be engrossed and read a third
time.
No. 61, A bill requiring the board of public works to suspend the
payment of any subscription on the part of the state to Certain internal
improvement companies, was taken up, read the third time, and the
question on the passage thereof being put, was determined in the affir¬
mative—ayes 32; noes none.
20
154
JOURNAL OF THE SENATE OF VIRGINIA.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Bales, Bruce, Carson, Christian of Augusta,
Christian of Middlesex, Coghill, Day, Dulany, Frazier, Garnett, Gar¬
rison, Graham, Grice, Guy, Johnson, Jones, Keen, Lewis, Lynch, Nash,
Newlon, Newman of Madison, Newman of Mason, Quesenberry, Shriver,
Stephenson, Spitler, Tayloe, Taylor, "Wiley and Witten—82.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 62, A bill to provide for the importation, of certain machinery,
was taken up, read the third time, and the question on the passage there¬
of being put, was determined in the affirmative—ayes 32; noes 2.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Carson, Christian
.of Augusta, Christian of Middlesex, Coghill, Day, Dulany, Frazier,
Garnett, Garrison, Graham, Grice, Guy, Hunter, Johnson, Jones, Keen,
Lawson, Lewis, Lynch, Nash, Newman of Madison, Newman of Mason,
•Quesenberry, Spitler, Tayloe, Taylor, Wiley and Witten—32.
Noes—Messrs. Shriver and Stephenson—2.
The title of the bill was then agreed to.
•Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 63, A bill to furnish the counties'of the state with a model of the
• flying shuttle attachment for looms, was taken up, read the third time
and passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 66, A bill to amend the 30th section of chapter 182 of the £ode,
in regard to docketing causes in the court of appeals at Lewisburg
during the existing war, was taken up, read the third time and passed
with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 17, House bill entitled an act to regulate transportation of
freights and passengers upon certain railroads in this commonwealth,
was taken up and on motion of Mr. Frazier, laid on the table.
No. 58, House bill entitled an act for the relief the securities of K.
P. Baker, late sheriff of Grayson county, was taken up and the amend¬
ment proposed by the committee agreed to.
The bill was then read the third time and passed—ayes 29; noes 1.
The vote "was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Bruce, Carson,
■Christian of Augusta, Christian of Middlesex, Day, Graham, Grice,
Guy, Hart, Johnson, Jones, Keen, Lawson, Lewis, Lynch, Nabli, New¬
lon, Newman o(f Madison, Newman of Mason, Quesenberry, Spitler,
Tayloe, Taylor, Wiley and Witten—29.
Noes—Mr. Coghill—-1.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. 98, House bill entitled an act for theielief of the personal repre-
JOURNAL OF THE SENATE OF VIRGINIA..
155
sentatives of A. B. Urquhart, Joseph E. Gillett and Madison J. Davis,
was taken up, read the third time and passed.
Ordered, That the clerk inform the house of delegates thereof.
No. 40, House hill entitled an act authorizing, in certain cases, the
settlement of fiduciaries' 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,
was taken up, read the third time, and on motion of Mr. Christian of
Middlesex, laid on the table.
On motion of Mr. Hart, the senate adjourned until Monday, twelve
o'clock.
MONDAY, February 22, 1864.
A communication from the house of delegates by their clerk, was
read as follows :
In house of delegates, February 20, 1864.
The house of delegates have agreed to a joint resolution in relation
to protection of sheep and increase of wool; in which they request the
concurrence of the senate.
Joint resolution from the house of delegates in relation to an increase
of wool, &c., was taken up—when,
Mr. Garrison made an unsuccessful motion to lay the resolution on
the table. Thereupon,
On motion of Mr. Armstrong, the resolution was referred to the com--
mittee on confederate relations.
Mr. Newman of Mason, moved that the senate adjourn, and the ques¬
tion being put thereon, Was determined in the negative—^ayes 9; noes 22.-
On motion of Mr. Wiley, the vote was recorded as follows :
Ayes—Messrs. Ball, Carson, Douglas, Garrison, Guy, Lewis, New¬
man of Mason, Quesenberry and Tayloe—9.
Noes—Messrs. Alderson, Armstrong, Brannon, Bruce, Coghill, Day,
Frazier, Graham, Grice, Hart, Hunter, Jones, Keen, Lawson, Lynch,
Nash, Newlon, Newman of Madison, Stephenson, Spitler, Taylor and
Wiley—22.
Mr. Coghill from the joint committee on salt, submitted a report;
which, on his motions, was laid on the table, made the order of the day
for Friday next, and ordered to be printed. Doc. No,. 16.
Mr. Alderson offered the following joint resolution, which lies over
under the rules:
Resolved, That the thanks of the general assembly are eminently
duo, and are hereby tendered to the officers and men in Brigadier-general
Echols' command, for their gallantry and patriotism in re-enlisting for
the war.
Mr. Lewis offered the following joint resolution, which lies over under'
the rules:
156
journal of the senate of virginia.
Resolved by the general assembly, That a joint committee of three
on the part of the senate and five on the part of the house of delegates,
be appointed to confer with the secretary of war to ascertain whether
any, and what abuses or inhumanity may have been practiced or tole¬
rated at Camp Lee in the treatment of conscripts, and that they report
to the assembly the result of their investigation.
Mr. Keen submitted the following preamble and resolution, which, on
his motion, were referred to the joint committee appointed to consider
how far the military act of congress recently passed, affects the officers
of the government of this state :
Whereas, the congress of the Confederate States has, by a recent act
of legislation exempting certain persons from military service, failed to
provide for the exemption of certain officers indispensable to the proper
administration of the government of this state, unless the governor may
certify that they are necessary to the proper administration of the gov¬
ernment, pretermitting any opinion of this general assembly as to the
policy or right of the said congress to pass laws so vitally affecting the
rights of the general assembly—be it therefore
Resolved, That the governor be required to apply to the proper
authorities of the said Confederate States and demand that all persons
exempted from military service by the act of the general assembly
passed October 1st, 1862, not specially exempted from military service
in the Confederate States, be exempt, and in addition thereto the fol¬
lowing persons, to wit: one deputy clerk for each county, circuit and
corporation court; as many deputy sheriffs in each county and corpora¬
tion's there are commissioners of the revenue in such county, city or
corporation ; the cashier, teller and other officers of any bank of circu¬
lation and*deposit of this state;'any bonded officer of any county for
the supplying of indigent families of soldiers; the municipal authorities
of any city or town having a circuit, hustings and corporation court, and
such other persons as the governor in his discretion may think necessary
for the proper administration of the state in all of its branches and de¬
partments.
On motion of Mr. Christian of Middlesex, the senate adjourned until
to-morrow, twelve o'clock.
TUESDAY, February 23, 1864.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, February 22, 1864.
The house of delegates have agreed to the amendment proposed by
the senate to house bill entitled an act for the relief of the securities of
R. P. Baker, late sheriff of Grayson county, No. 58.
Mr. Co^hill, from the committee for courts of justice, reported with¬
out amendmment,
JOURNAL OF THE SENATE OF VIRGINIA.
157
No. 158, House bill entitled an act to amend and re-enact an act en¬
titled an act to extend the time for the exercise of certain rights and
remedies, passed March 11th, 18G2, which was subsequently taken up,
read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Brannon, from the committee on finance, presented
No. 75, A bill imposing taxes for the support of government, which
was subsequently taken up, read the first time and ordered to be read a
second time ; and
No. 76, A bill authorizing the receipt of the treasury notes of the
Confederate States in payment of taxes and other public dues, and regu¬
lating when and how the same shall be received, which was subsequently
taken up, read the first time and ordered to be read a second time.
On motion of Mr. Christian of Augusta,
Resolved, That the committee on banks enquire into the expediency
of increasing the maximum capital of the Bank of the city of Peters¬
burg to two millions of dollars. ~ .
On motion of Mr. Christian of Middlesex,
Resolved, That when the senate adjourns to-day, it will adjourn -j#
meet on to-morrow and each day thereafter at eleven o'clock A. M.
The president laid before the senate a communication from the gov¬
ernor, enclosing a communication from the secretary of war in response
to a resolution of the general assembly relative to slave labor on fortifi¬
cations.
Mr. Frazier moved that the communication and accompanying docu¬
ment be laid on the table and ordered to be printed.
On this proposition Mr. Quesenberry called for a division of the ques¬
tion, which was ordered; and th'e question being put on the first mem¬
ber thereof, was determined in the affirmative.
The question being put on the second member thereof, was determined
in the negative.
No. 40, House bill entiled an act authorizing, in-certain cases, the
settlement of fiduciaries' 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,
was taken up on motion of Mr. Coghill.
On motion of Mr. Armstrong, (by. universal consent), the bill was
amended by inserting after the word "resident" in the ninth line, the
words "in the circuit court of the city of Richmond".
On motion of Mr. Lewis, the bill was laid on the table.
Joint resolution for the appointment of a joint committee to investi¬
gate abuses at Camp Lee, was taken up on motion of Mr. Lewis, and
the question on the adoption of the resolution being put, was deter¬
mined in the affirmative. Thereupon,
The chair appointed Messrs. Lewis, Coghill and Armstrong as the
committee on the part of the senate.
On motion of Mr. Lewis, it was
Ordered, That he communicate the same to the house of delegates,
and request their concurrence therein.
158
JOURNAL OF THE SENATE OF VIRGINIA.
Mr. Bales asked for, and obtained leave to introduce
No. 77, A bill to provide for the holding of the sessions of the county
■court of Lee county, which on his motion was taken up, read the first
time and ordered to be read, a second time; and on his further motion,
(two-thirds concurring), was read the second time and ordered to be en¬
grossed and read a third time; and being forthwith engrossed, on his
further motion, (two-thirds concurring-,) was read the third time" and
passed with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
A message was received from the house of delegates by Mr. Magru-
dcr, who informed the senate that that house had passed a bill entitled an
act amending and re-enacting an act entitled an act to amend the char¬
ter and extend the corporate limits of the town of Charlottesville,
passed March 14, 1800, No. 124, which was subsequently taken up on
motion of Mr. Hart, twice read, and on his further motion, the rule re¬
quiring the commitment of the same was Suspended, and the bill read
the third time and passed.
Ordered, That the clerk communicate the same to, the house of dele¬
gates.
On motion of Mr. Carson, the senate resolved itself into secret ses¬
sion, and after some time spent therein, the doors were re-opened—
when,
On motion of Mr. Hunter, the following bill which has heretofore
been considered in secret session, was taken up:
No. 69, A bill to provide a fund abroad for the use of the state.
On motion of Mr. Douglas, the vote by which the bill was ordered to
its engrossment and third reading was reconsidered; and on his further
motion the bill was laid on the table.
On motion of Mr. Hunter, the bill was ordered to be printed.
On motion of Mr. Keen,
Resolved, That the committee on general laws enquire into the expe¬
diency of so amending the act passed entitled an act to
as to authorize the courts of counties and
corporations to sell the bonds of their counties and corporations payable
at a time subsequent to their date not exceeding fifteen years; and also
what legislation, if any, is necessary to legalize the order of the county
court of Pittsylvania, making provision for the sale of certain bonds
payable at the expiration of ten, and certain other bonds payable at the
expiration of fifteen years after date.
No. 50, A bill to authorize the board of public works to increase the
rates of toll to be .charged by railroad companies, was taken up, read
the third time, and on motion of Mr. Dulany, laid on the table.
No. 55, A bill to amend and re-enact the loth, 33d, 34th and 36th
sections of chapter 184 of the Code of Virginia, so as to increase the
fees and compensation of sheriff's and sergeants, was taken up, and
having been amended on motion of Mr. Brannon, was read the third
time ; and the question on the passage thereof being put was deter¬
mined in the affirmative—ayes 26; noes none.
The vote was recorded as follows
JOURNAL OF THE SENATE OF VIRGINIA.
150
Aves—Messrs. Alderson, Armstrong, Ball, Brannon, Bruce, Carson,
Christian of Middlesex, Coffman, Day, Dickinson, Garrison, Graham,
Grice, Guyf Hunter,*Jones, Keen, Lawson, Lewis, Newman of Madison,
Newman of Mason, Spitler, Tayloe* Taylor, Wiley and Witten—26.
The title of the Hill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request tlieir concurrence therein.
No. 35, House hill entitled an act amending and re-enacting the 10th
. r-r + . ^
section pf chapter 170 of the Code of Virginia, (edition of 1800), was
taken up, read the third time and passed.
On motion of Mr. Carson, the title was amended and agreed to as
follows:
"An act amending and re-enacting the 10th section of chapter 170
of the Code ®f Virginia, (edition of 1860), concerning the service of
process."
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence in the amendment.
No. 36, House bill entitled an act amending and re-enacting the 5th
section of chapter 184 of the Code of Virginia, (edition of 1860), wras
taken up. Thereupon,
On motion of Mr. Brannon, the same was amended.
The bill as amended, was read the third time and passed.
On motion of..Mr. Carson, the - title uras amended and agreed to as
follows:.
"An act amending and re-euacting the 5th section of chapter 184 of
the Code of Virginia, (edition of 1860), concerning fees of commissioners-
in chancery." 1
Ordered, That the clerk inform the house of delegates thereof, and
request their concurrence in the amendments proposed by the senate.
No. 64, A bill to provide for the purchase and distribution among
the people of the state, of cotton, cotton yarns, cotton cloths and hand
cards, was read the second time, and on motion of Mr. Grice, laid on
the table.
• No. 68, A bill to aqaend and re-enact the 12th section of the 77th
chapter of the Code of Virginia, was read the second time—when,
Mr. Newlon made an unsuccessful motion to amend the bill by striking
out the words " two hundred acres", and inserting "fifty acres"
The bill was ordered to be engrossed and read a third time.
No. 72, A bill concerning jailors' fees, was read the second time,
amended on motion of Mr. Spitler, and ordered to be engrossed and
read a third time.
,No. 74, A bill to amend the first and second sections of an act to
suppress gaming, passed October 16, 1863, was read the first time and
ordered to be read a second time.
The report of. the joint committee to examine the second auditor's
office, was taken up, and on motion of Mr. Wiley, laid on the table.
On motion of Mr. Armstrong, the senate adjourned until to-morrow,
eleven o'clock.
160
JOURNAL OF THE SENATE OF VIRGINIA.
WEDNESDAY, EEBRUARY 24, 1864.
A communication from tlie house of delegates by their clerk, was
read as follows:
In house qf delegates, February 28, 1864.
The house of delegates have passed senate bill entitled an act amend¬
ing and re-enacting the first section of chapter 214, (Code of I860,) so
as to provide for the punishment of free negro convicts in certain cases,
No. 53.
They have passed with an amendment, senate bill entitled an act to
amend and re-enact section 44 of chapter 49 of the Code, so as to. in¬
crease the allowance to sheriffs and sergeants for services to the public,
No. 54; in which amendment they request the concurrence of the senate.
No. 54, A bill to amend ancl re-enact section 44 of chapter 49 *)f the
Code, so as to increase the allowance to sheriffs and sergeants for ser¬
vices to the public, "with the amendment of the house of delegates, was
taken up and the amendment concurred in.
No. 68, A bill to amend and' re-enact the 12th section of the 77th
chapter of the Code of Virginia, was taken up,« read the third time, and
on motion of. Mr. Hunter, laid on the table.
Subsequently the bill was taken up on motion of Mr. Jones.
On motion of Mr. Guy, (universal consult being given,) the bill was
amended by adding the following proviso : "provided, however, that it
shall at all times be in the power of the legislature to reduce the amount
of real estate authorized to be held under this section, and upon such
reduction, to require sale to be made of so much of any such real estate
as may be held in excess of the quantity that may thenceforward be.
lawfully held," and the question on the passage of the bill being put,
was determined in the affirmative—ayes 34; noes 5.
On motion of Mr. Hunter, the vote wTas recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Bruce,
Christian of Augusta, Christian of Middlesex, Coffman, Day, Dickinson,
Douglas, Frazier, Garnett, Graham, Grice, Guy, Hart, Jones, Keen,
Lawson, Lewis, Lynch, Nash, Newman of Madison, Newman of Mason,
Qilesenberry, Randolph, Saunders, Stephenson, Spitler, Tayloe, Taylor
and Witten—34.
Noes—Messrs. Brannon, Carson, Garrison, Hunter and Marshall—5.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 72, A bill concerning jailor's fees, was taken up, read the third
time and on motion of Mr. Spitler, laid on the table. Subsequently,
On motion of Mr. Spitler, the bill was taken up, and the question on
the passage thereof being put, was determined in the affirmative—ayes
36; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Brannon,
Bruce, Carson, Christian of Middlesex, Coghill, Cofiman, Day, Dickin-
JOURNAL OF THE SENATE OF VIRGINIA.
161
soil, Douglas, Frazier, Garnett, Garrison, Graham, Guy, Hart, Hunter,
Jones, Keen, Larson, Lewis, Lynch, Nash, 'Newman of Madison,
Quesenberry, Randolph, Saunders, Stephenson, Spitler, Tayloe, Taylor
and Witten—36.
The title was then agreed to.
On motion of, Mr. Spitler, it was
Ordered, That he communicate the same to the house of delegates
and recfuest tlieir concurrence therein.
No. 73, A bill amending the 38th chapter of the Code, (edition of
1860), in relation to the assessment of taxes on licenses, w*as taken up,
read the second time, and on motion of Mr. Armstrong, laid on the
table.
No. 74, A bill to^mend the 1st and 2d sections of an act to suppress
gaming, passed October 16, 1863, was taken up and read the second time.
On motion of Mr. Brannon, the bill was amended by inserting the
following as an independent section :
"Any mayor or justice, or other officer authorized to issue a warrant
for a search, or warrant undef this act or the'act passed October 16th,
1863, entitled an act to suppress gaming, shall have power to issue, at
•any time, an attachment to compel the attendance of witnesses* without
previous summons or other process."
The bill as amended was then ordered to fie engrossed and read a
third time.
Report of the committee on public institutions on the message of the
governor in reference to the impressment of certain public buildings in
the town of Staunton, and on the memorial of the trustees of the Vir¬
ginia female institute relating to the same subjett, was taken up and on
motion of Mr. Dulany, laid on the table and ordered to be.printed.
Doc. No. 17. _
Report from the committee on domestic manufactures, was taken up,
and on motion of* Mr. Armstrong,.laid on the table and ordered to be
printed. Doc. No/18.
Joint resolution of thanks to General Echols' command, was taken up
on motion of Mr. Alderson, and on motion of Mr. Armstrong, referred
to the committee on military affairs.
On motion of Mr. Christian of Augusta,
Resolved, That the committee for courts of justice enquire into the
expediency of authorizing the amount paid for confederate tax by
fiduciaries, to be charged up^n the principal of the funds where the.
residue of income will not suffice for the support of the beneficiary
thereof.
On motion of Mr. Armstrong,
Resolved, That the committee on general laws enquire into the ex¬
pediency of prohibiting by law the retail of ardent spirits. -
On motion of Mr. Dickinson,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of so amending the law authorizing the
issue of county bonds as to provide that the same be transferable on the
books of the clerks of the several courts as state bonds are transferable
on the books of the second auditor.
21
162
JOURNAL OR THE SENATE OE VIRGINIA.
Mr. Guy, submitted tlie following preamble and resolution, which on
his motion, was referred to the joint committee to consider how far the
military act pf congress affects the officers of government, &c.;
The general assembly of Virginia having observed that by recent act
of congress organizing forces to serve during tfie war, only the governor
and the mdbabers and officers of the legislature fire exempted from con¬
scription, while the exemption of all other state officers is made to de¬
pend on the certificate of the governor as to theft necessity for the
proper administration of tbe state government; and regarding the actidn
of congress in this regard as ill-considered and as depriving the state
government of the guard against disorganisation and overthrow, to which
it is properly and rightfully entitled, and setting up in its stead one
that is neither recognized in the state or confederate constitution, nor
rightfully deducible from the theory of our government, deem it proper
to declare that no officer of the state required to be elected by its con¬
stitution and duly elected in pursuance thereof, is or can, by any power
other than that which framed the constitution, be held liable to any ser¬
vice inconsistent with the full and free discharge of the duties of his
office.
They Understand such officers to be the governor, lieutenant governor
and attorney general, the secretary of the commonwealth, treasurer and
auditor, the members of the board of pullic worhs, judges and justices
of the peace, commonwealth's attorneys, sheriffs, clerks, county survey¬
ors and commissioners of the revenue.
These officers being established and presided for by the constitution,
it is not for the governor,-nor even for the legislature to pass upon the
necessity of them for tlfe due administration of the _ ^tate government;
but it is the duty of both the legislature and the governor to protect and
maintain them in the full and free exercise of their function, for which
reason the general assembly finds itself called on to declare that none
of the above named officers should or can rightfully be enrolled for Ser¬
vice in the confederate army.
The governor is therefore directed to confer with the president of the
Confederate States, and call his attention to this omission on the part
of congress to secure properly the integrity of the state government,
and request him to give such orders, through the war department or
otherwise, as will protect the above named officers from any interferance
on the part of the enrolling officers of the Confederate States.
No. 40, House bill entitled an act authorizing, in certain cases, the
settlement of fiduciaries' accounts before commissioners in chancery of
courts other than those in which such fiduciaries have been appointed,
or in which the instrument creating their authority have been recorded,
was taken up on motion of Mr. Cogliill; and on motion of Mr. Carson,
the vote by which the bill was ordered to its third reading was recon¬
sidered. Thereupon,
Mr. Carson moved to amend the bill by adding at the end of the 5th
section the words "at any time within two years after the end of the
present war, a bill in chancery maybe filed to surcharge and falsify any
account settled pursuant to this act, as if such settlement were merely
ex parte"—pending which,
journal op the senate op virginia.
168
On motion of Mr. Carson, the bill was laid on the table.
No. 50, A bill Jo authorize the board of public works to increase the
rates of toll to be charged by railroad companies, was taken up on
motion of Mr. Armstrong, and the question on the passage thereof
being put, was determined jin the affirmative—ajes 31; noes 4.
On motion of Mr. Keen, the vote tfas recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Bruce, Carson, Coffman,
Day, Douglas, Frazier, Garnett, Garrison, Graham, Grice, Hart, Hun-
te'k, Junes, Lawson, Lewis, • Lynch, Marshall, Nash, Newman of Madi¬
son, Newman of Mason, Quesenberry, Randolph, Saunders, Stephenson,
Spitler, Tayloe, Taylor and Wittffir—31.
Noes—Messrs. Christian of Augusta, Dulany, Guy and Keen—4.
On motion of M/. Armstrong, the title was amended and agreed to
as follows :
''An act to authorize the board of public works to increase the rates
of toll to be charged by railroad and other companies, and declaring
certain duties and liabilities of railroad, express and other companies."
Ordered, That the clerk communicate the same to the house „of dele¬
gates and request their concurrence therein.
No. 73, A bill amending the 38th chapter of the Code, (edition of
1860), in relation to the assessment of taxes on licenses, was taken up
on motion of Mr. Branfion, and on hH further motion was laid on the
table and made the Order of the day for to-morrow at twelve o'clock."
On motion of Mr. Keen,
Resolved, That the conflpaittee on finance be greeted to enquire into
and report as to the propriety of repealing ihe present tax bill of Vir¬
ginia. _ .
No. 64, A bill to provide for the purchase and distribution among the
people of the state, oS cotton, cotton yarns, cotton, cloths and hand-
cafds, was taken up on motion of Mr. Guy.
Mr. Grice moved to amend thp 1st section by striking out, in the 9th
line, the words "one million" and inserting in lieu thereof the words
"one hundred thousand", and the question being put thereon, resulted
on division—ayes 10; noes 15—no quorum voting. Thereupon,
On motion of Mr. Spitler, the senate adjourned until to-morrow, twelve
o'clock.
THURSDAY, February 25, 1864.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, February 24, 1864.
The house of delegates have agreed to the amendments proposed by
the senate to house bill entitled an act amending and re-enacting the
10th section of chapter 170 of the Code of Virginia, (edition of 1860),
No. 35; and an act amending and re-enacting the 5th section of chapter
184 of the Code of Virginia, (edition of 1860), No. 36.
164
JOURNAL OF THE SENATE OF VIRGINIA.
They have passed senate biljs entitled an act to amend the third sec¬
tion of an act for the relief of indigent soldiers ahd sailors, &c., passed
October 81, 1863, No. 56 ; and an act requiring the board of public
works to suspend the payment of any subscription on the part of the
state to certain internal improvement companies, No. 61.
They have passed with amendments senate bills entitled an act amend¬
ing the second section of an act amending the charter of the Virginia fire
and marine insurance company, passed January 4th, 1858, No. 71; and
an act making debts due to the branch bapks within the enemylinls
payable to the mother banks within the confederate lines, Nor 40; and
an act imposing fines on agents for failing to deliver salt to persons en¬
titled thereto, No. CO.-
• They have agreed to tke joint resolution for the,appointment of a
committee to enquire into the treatment of conscripts at Camp Lee.
And they have passed a bill entitled an act to repeal ordinance No.
66 of the convention.of Virginia, respecting the revenue of the literary
fund, No. 94.
In which amendments and bill they request the concurrence of the
senate.
No. 94, House bill entitled an act to repeal ordinance No. 66 of the (
Convention of Virginia respecting the revenue dfi the literary fund, was
twice read and referred to the comtnittee on general laws.
No. 71, A bill amending the second section of an act amending the
charter of the Virginia fire and marine insurance company, passed
January 4, 1858, with the amendments of the house of delegates, was
taken up, and the amendments were agreed tq.
No. 40, A bill making debts due to branch banks within the enemy's
lines payable to the mother bqnks within fhe confederate lines, with the
amendments of the house of delegates, was taken up and referred, *on
motion of Mr. Armstrong, to the committee on banks.
No. 60, A. bill imposing fines on agents for failing to deliver salt to
persons entitled thereto, with the amendment of the house of delegates,
was taken up and the amendment agreed to.
Joint resolution for the appointment of a committee to enquire into
the treatment of conscripts at Camp Lee, with amendments of the house
of delegates, was taken up.
Mr. Carson moved that the resolution be laid on the table, which was
rejected.
' The amendments of the house were then agreed to.
On motion of Mr. Lewis,
Ordered, That he inform the house of delegates thereof.
Mr. Alderson, from* the committee on enrolled bills, reported that
sundry such bills had been examined and found correctly enrolled.
The president signed the said bills, and Mr. Alderson was instructed
to inform the house of delegates that the committee on enrolled bills,
having examined sundry such bills and- found them correctly enrolled,
they had been signed by the president and are now communicated for
further signature.
No. 40, House bill entitled an act authorizing, in certain cases, the
JOURNAL OF THE SENATE OF VIRGINIA,
165
settlement of fiduciaries 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 ricorded,
was taken up on motion of Mr. Hunter. Thereupon,
Mr. Carson withdrew the pending amendment submitted by him.
On motion of Mr. Hunter, the bill was amended by adding at the end
of the second sectkn the following proviso :
"Provided however,"that in no case shall said courts make any order
directing the payment or distribution of any.fund ascertained to be in
the hands of such fiduciary."
The bill as amended was"then read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request Jthfeir concurrence in the amendment.
No. 64, A bill to provide for the purchase and distribution, a&nong the
people of the states of cotton, cotton yarns, cotton cloths and hand
cards, being ihe unfinished business of yesterday,, was- taken up ; and the
question being put on the first member of the motion pending yesterday,
was determined in the affirmative.
Mr. Grice thereupon withdrew the second member ofi the proposition;
On motion of Mr. Brannon, the bill was referred to the committee on
finance.
No. 7*1, A bill to anffind the first and second sections of an act to sup¬
press gaming, pagfced October 16th, 1863, was read the third time and
passed with its title.
Mr. Neeson, from the committee for courts of justice, submitted a re¬
port asking to" be discharged frotn the further consideration of a com¬
munication from the governor in redition to convictions by courts of
oyer and terminer.
On motion of ])lr. Hart,
P-esolved, That the committee for courts of justice enquire into and
report what legislation, if any, is necessary to render more efficient
the act entitled an act for tlus .relief of the indigent soldiers and sailors
of the state of Virginia, passed October 31st, 1863.
Mr. Nash asked for, and obtained leave to introduce
No. 78, A bill to amend and re-enact an act entitled an act to incor¬
porate the Richmond importing and exporting company, passed February
21st, 1863, which was taken up on his motion, read the first time and
ordered to be read a second time.
Mr. Hart asked for, and obtained leave to introduce
No. 79, A bill to amend and re-enact section 15 of chapter 14 of the
Code of Virginia, (edition of I860,) so as to increase the salary of the
printer of the senate, which was taken up on his motion, read the first
time and ordered to be read a second time.
No. 73, A bill amending the 38th chapter of the Code, (edition of
I860,) in relation to the assessment of taxes on licenses, being the order
of the day, was taken up on motion of Mr. Brannon, and was amended
in several sections.
On motion of Mr. Brannom, the said bill was laid on the table and
made the order for to-morrow at 1& o'clock, and each day thereafter, at
the same hour, until disposed of.-
1G6
JOURNAL OP THE SENATE OP VIRGINIA.
Mr. Randolph asked for, and obtained leave to introduce
No. 80, A bill to amend the charter of the Farmer's and Mechanic's
insurance company of the city of Richmond, which was taken up on his
motion, read the first time and ordered to be read a second time.
Mr. Christian of Augusta, from the committee on banks, presented
No. 81, A bill increasing the capital stock of the Bank of the city of
Petersburg, which* was on his motion taken up, read *tlie first time and
ordered to be read a second time.
Mr. Coghill presented the petition of William W# Forbes, asking that
certain damages may be refunded to him, which was referred to the com¬
mittee on finance.
Mr. Coghill from the joint committee on salt, submitted the following
joint resolution, 'Which lies over under the rules:
Resohsed by the general assembly, That the board of public works
be instructed to use the power vested in it by law to secure an adequate
supply of fuel to, and transportation of salt from the saffc works, ac¬
cording to the order of priority established by the general assembly at
its late extra session, in connection with the report of the joint com¬
mittee on salt introspect to salt for Georgia.
On motion of Mr. Newman, the senate adjourned until to-morrow,
eleven o'clock.
FRIDAY, FEBRUARY 26, 1864.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, February 25, 1864.
The house of delegates have agreed to a joint resolution giving certain
instructions to the board of public works .^t
They have passed bills entitled an act to amend and re-enact the 32d
'section of the 158th chapter of the Code of Virginia, (edition of 1S60,)
No. 133 ; an act to incorporate the Henrico manufacturing company,
No. 148 ; an act to make Clinch river a lawful fence through the county
of Scott, No. 115 ; an act to amend and re-enact the 2d section of an
act to incorporate the Union manufacturing company, No. 82; an act
'to incorporate the Hardy coal mining company, No. 132; an act to
amend the charter of the town of Bridgewater, in the county of Rock¬
ingham, No. 96 ; an act to amend and re-enact the 11th section of the
208th chapter of the Code of Virginia as amended and re-enacted by
an act entitled an act to amend and re-enact section 11 of chapter 208
of the Code of Virginia, passed October 20th, 1863, concerning jurors
in criminal cases, No. 153; and an act releasing Wm. B. Ball from the
payment of a certain sum of money, No. 63.
In which resolution and bills they request the concurrence of the sen¬
ate.
No. 63, House bill entitled an act releasing William B. Ball from the
JOURNAL OF THE SENATE OF VIRGINIA.
167
payment of a certain sum of money, was twice read and referred to the
committee on public institutions.
No. 158, House bill entitled an act to amend and rg-eiiact the 11th
section of the 208th chapter of the Code of Virginia, (edition of 1860),
as amended and re-enacted by an act entitled an act to amend and re-
enact sectign ll of chapter 208 of the Code bf Virginia, passed October
30th, 1863, concerning jurors in crilninal cases, was twice read and re¬
ferred to the committee for courts of justice.
No. 96, House bill entitled an act to amend the charter of the town
of Bridgewater, in the county of Rockingham, was twice read and re¬
ferred to the committee on general laws.
No. 132, House bill entitled an act to incorporate the Hardy coal
mining company, was twice read and referred to the committee on gene¬
ral laws. /
No. 82, ilouse bill entitled an act to amend and re-enact the 2d sec¬
tion of an a<H to incorporate the Union manufacturing company, was
twice read and referred to the committee on general Jaws.'
No. 115, House bill entitled an act to make Clinch,river a lawful
fence through the county of Scott, was twice read and referred to the
committee on general laws.
No. 148, House bill entitled an act to incorporate the Henrico manu¬
facturing company, was twice read and referred to the committee on
general laws.
No. 133, House bill entitled an act to amend and re-enact the 32d
section of the 158th chapter of the Code of yirginia, (edition of I860,)
was twice read and referred to the conymittee for courts of justice.
Joint resolution from the house of delegates giving certain instructions
to the board of public works, in relation to a supply of fuel to, and
transportation of salt from the salt works, was taken up and concurred
in.
Mr. Coghill from the committee for courts of justice, reported with a
modification,
No. 27, A bill to amend and re-enact the 1st section of an act en¬
titled an act to authorize fiduciaries to invest funds in their hands in
certain cases, and for other purposes, passed March 5th, 1863; which
was subsequently taken up, read the first time and ordered to be read a
second time.
And reported without amendment,
No. 28, A bill to amend and re-enact an act authorizing the court of
appeals to hold its sessions at other places than at Lewisburg, passed
March 12th, 1863 ; which, was subsequently taken up, read the first time
and ordered to be read a second time.
Mr. Brannon from the committee on finance, presented
No. 82, A bill to authorize the funding of certain currency belonging
to the state in confederate bonds, and to authorize the sale of such
bonds if necessary; which was subsequently taken up, read the first
time and ordered to be read a second time ; and
No. 83, A bill for the relief of John C. Heiskell, sheriff of Hampshire
county; which was subsequently taken -up, read the first time and
ordered to be read a second time.
168
JOURNAL OF THE SENATE OF VIRGINIA.
No. 76, A bill to authorize the receipt of the treasury notes of the
Confederate States in payment of taxes and other public dues, and regu¬
lating when and,hpw 'thesame shall be received, was taken up, read the
second time, and on motion of Mr. Brannon, laid on the tabl*e.
The following^bills were taken up, read the second time and ordered
to be engrossed and read a third time :
No. 79, A bill to amend and re-enact section 15 of chapter 14 of the
Code of Virginia, (edition of I860.) so as to increase the salary of the
printer of the senate. ^
No. 81, A bill increasing the capital stock of the bank of the city of
Petersburg.
O
No. 80, A bill to amend the charter o£ the Farmers and Mechanics
insurance company of the city of Richmond. •
No. 78, A bill to amen$ and re-enatet an act entitled an act to incor¬
porate the Richmond importing and escorting company, passed Febru¬
ary 21st, 1863.
The report of thp committee for courts of* justice, asking to be dis¬
charged from the further consideration of a communication from the
governor in relation to convictions by courts of oyer and terminer, inas¬
much as ample provision is made for the case by the 12th section of
chapter 212 of the Code, was taken up and concurred in.
The joint resolution instructing the board of public works to secure
fuel and transportation of salt, &c., was taken up*, and on motion of Mr.
Christian of Augusta, laid on the table.
Mr. Christian of Augusta, from the committee on banks, reported
with the amendments of the ho$s£ of delegates,
No. 40, A bill making debts due to branch banks within the enemy's
lines payable to the mother banks within the confederate lines, which
was taken up, and the question being on agreeing to the amendments
proposed by the house, on motion of Mr. Brannon the bill was laid on
the table.
No. 46, A bill confirming and amending the charter of the Richmond
glass manufacturing company, was taken up on motion of Mr. Coghill,
and the question on the passage thereof being put, was determined in
the affirmative.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 69, A bill to provide a fund abroad for the use of the state, was
taken up on motion of Mr. Douglas.
On motion of Mr. Taylor, the bill was amended by adding at the end
etf the first section these words: "Before the quartermaster general
shall e'nter upon the discharge of his duties ^undcr this act, he shall exe¬
cute and file with the governor a bond payable to the commonwealth,
with two or- more solvent sureties, in the sum of fifty thousand dollars,
conditioned for the faithful discharge of his duties."
On motion of Mr. Hunter, the bill wras amended by striking out the
vffiole of the first section, and inserting in lieu thereof the following:
"Be it enacted by the genei-al assembly that the governor of the
.commonwealth, the secretary of the commonwealth and the second audi-
.JOURNAL OF THE SENATE OF VIRGINIA.
tor be, and they are hereby constituted a board, with power and authori¬
ty to purchase, export and sell cotton, tobacco and naval stores to such
amount as they may deem expedient, and to apply the proceeds thereof,
or any part of the appropriation hereinafter made, in the purchase of
clothing and other needful supplies for the use of the soldiers of -Vir¬
ginia in the service of the Confederate States, and to distribute the*
same in such manner and according to such rules and regulations as
they may prescribe; and in order to carry out said powers, the said
board are authorized to employ onp or more suitable agents, with such
compensation for his or their services as they may deem proper, and
taking from them bond and security for the faithful performance of their'
duties, or not, as the said board may deem expedient."
On motion of Mr. Hunter, the second section of the bill was amended
by striking out the words "two millions five hundred thousand."
On his further motion, the same section was amended by striking out
the words "quartermaster general, approved by the governor," and in¬
serting in lieu thereof the words "said board."
On motion of Mr. Douglas, the vote by which the substitute for the
first section was adopted was reconsidered. Thereupon,
Mr. Quesenberry moved to amend the substitute by inserting after
the word "made" the words "to the payment of the interest on the
public debt and," and the question being put thereon Was determined in
the negative—ayes 15 ; noes 19.
On motion of Mr. Quesenberry, the vote was recorded as follows :
Ayes—Messrs. Armstrong, Ball, Brannon, Carson, Frazier, Garrison^
Grice, Hart, Johnson, Lewis, Newman of Mason, Quesenberry, Spitler,
Tayloe and Taylor—15.
Ayes—Messrs. Alderson, Bales, Bruce, Christian of Augusta, Chris¬
tian of Middlesex, Day, Dillard, Douglas, Garnett, Hunter, Jones,-
Keen, Logan, Lynch, Neeson, Newman of Madison, Randolph, Stephen¬
son and Witten—19.
Mr. Wiley moved the indefinite postponement of the bill. Pending'
vhich,
On motion of Mr. Neeson, the bill was laid on the table.
The president laid before the senate a communication from the execu¬
tive enclosing the report of the grand jury of the hustings court of Rich¬
mond city, relative to drinking houses and their influence in contributing
to the increase of crime, &c., which was taken up, and on motion of Mr.-
Frazier, referred to the committee on general laws. Subsequently,
On motion of Mr. Armstrong, the vote by which the communication
Was referred was reconsidered, and on his further motion the same was
referred to a select committee.
The president appointed Messrs. Ball, Douglas, Coghill, Johnson,
Frazier and Keen as said committee. «
No. 76, A bill authorizing the receipt of the treasury notes of .the'
Confederate States in payment of taxes and other public dues, and regu¬
lating when and how the same shall be received, was taken up on motion?
of Mr. Brannon, and having been amended on his motion, Mr. Keen
made an unsuccessful motion to lay the bill on the table. Thereupon,,
The bill was ordered to be engrossed and read a third time.-
22
170
journal of the senate of virginia. .
Mr. Douglas presented the memorial of J. B. Green and Bolivar
Starke, two of the justices of King William county, asking that a law
he passed authorizing the county court of said county to reconsider its
action on the fence law ; which on his motion was referred to the com¬
mittee for courts of justice.
Mr. Christian of Middlesex, asked for and obtained leave to intro¬
duce
No. 84, A bill for the relief of Thomas M. Hundley, commissioner
of the revenue for the county of Mathews; which was taken up, read
the first time and ordered to be read a second time, and referred to the
committee on finance.
Mr. Randolph asked for, and obtained leave to introduce
No. 85, A bill to regulate- auction sales, which was referred to the
committee for courts of justice.
"On motion of Mr. Armstrong,
Resolved, That the board of public works* or the superintendent of
the salt works, whichever of them can give the information, inform the
senate forthwith what quantity of salt has been manufactured at the
furnaces leased by the state from Stuart, Buchanan & Co., from the time
the state took possession to the first of this month, specifying the quan¬
tity received in each month from each of the lessees of the state, and
the quantity manufactured in each month at the two furnaces worked
by the state; also, the quantity of salt distributed, showing the quantity
distributed to each county or corporation; and that the board of public
works inform the senate whether they have from time to time ascer¬
tained the actual cost of production and distribution, and fixed a price
so as to cover the entire cost, and if so, the mode in which they have
arrived at the cost—the several items Of cost on which they based their
calculation—the price fixed, and whether said price covers the cost at
the place of delivery to county agents, or only at the salt works, and
whether it includes the cost of sacks.
The clerk will cause a copy of the foregoing resolution to be delivered
immediately to the board of public works, and a copy of so much as
calls on the superintendent for information to be delivered to him, if in
the city.'
On motion of Mr. Alderson, the senate adjourned until to-morrow,
eleven o'clock.
SATURDAY, February 27, 1864.
Mr. Johnson offered the following joint resolution, which lies over
under the rules:
Resolved by the- general assembly, That the keeper of the rolls, under
the advice and instruction of the attorney general, be directed, instead
of the sketches of the acts of assembly now provided for by law, to pub-
JOURNAL OF THE SENATE OF VIRGINIA.
171
lish in newspaper form such acts of the general assembly as in their
opinion are of public importance.
On motion of Mr. Johnson, (the rules being suspended therefor,) the
1 resolution was taken up. Thereupon,
Mr. Neeson moved to amend the resolution b^- striking out the word
"newspaper" and insert in lieu thereof the word "pamphlet," and the
question being put thereon was determined iff the negative.
Mr. Christian of - Augusta moved to amend by striking out the words
"newspaper form" and inserting in lieu thereof the word "newspapers."
Pending which, t ^
On motion of Mr. Brannon, the resolution was laid on the table.
On motion of Mr. Tayloe,
Resolved, That the committee on finance enquire into the expediency
of remitting or reducing taxes which have not been collected in those
counties which have been invaded and wasted by the enemy, in propor¬
tion to the damages done to the lands, and to the diminished means of
cultivating the same, and also to the injuries and losses of personal
property sustained by the people of the said counties.
On motion of Mr. Lewis,
Resolved, That the joint committee appointed to enquire into alleged
maltreatment of soldiers and conscripts at Camp Lee be authorized to -
send for persons and papers.
No. 76* A bill authorizing the receipt of the treasury notes of the
Confederate States in payment of taxes and other public dues, and regu¬
lating when and how the same shall be received, was taken up, read the
third time and on motion of Mr. Brannon, laid on the table.
No. 78, A bill to amend and re-enact an act entitled an act to incor¬
porate the Richmond importing and exporting company, passed February
21st, 1863, was taken up, read the third time and passed with its title.
On motion of Mr. Nash, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence therein.
No. 79, A bill to amend and re-enact section 15 of chapter 14 of the
Code of Virginia, (edition of I860,) so as to increase the salary of the
printer of the senate, was taken up, read the third time, and the ques¬
tion on the passage thereof being put, was determined in the affirma¬
tive—ayes 36; noes none.
The vote was recorded as follows :
Ayes—Messrs. Armstrong, Bales, BallJ Brannon, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Coffman, Day,
Dickinson, Douglas, Dulany, Frazier, Garnett, Garrison, Graham, Grice,
Guy, Hunter, Johnson, Lawson, Lewis, Logan, Marshall, Nash, Neeson,
Newman of Madison, Newman of Mason, Randolph, Saunders, Tayloe,
Taylor, Wiley and Witten—36.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the hohse of dele¬
gates and request their concurrence therein.
No. 80, A bill to amend the charter of the Farmers and Mechanics
insurance company of the city of Richmond, was taken up, read the
third time and passed with its title.
172
JOURNAL OP THE SENATE OE VIRGINIA.
Ordered," That the clerk communicate the same to the house of dele¬
gates and request their concurrence therein.
No. 81, A bill increasing the capital stock of the Bank of the city
of Petersburg, was taken up, read the third time and passed with its
title.
On motion of Mr. Christian of Augusta, it was
Ordered, That he inform .the house of delegates thereof, and request
their concurrence therein.
No. 83, A bill for the relief of John C. Heiskell, sheriff of Hamp¬
shire county, was taken up and read the second time. Thereupon,
On motion of Mr. Brannon, the bill was amended by striking out the
words "and cost."
The bill as amended was then ordered to be engrossed and read a
third time.
Mr. Brannon from the committee on finance, reported without amend¬
ment,
No. 84, A bill for the relief of Thomas M. Hundley, commissioner
of the revenue for the county of Mathews, which was subsequently
taken up, read the second time, and ordered to be engrossed and read a
third time.
And he from the same committee, presented
No. 86, A bill to repeal the act passed March 28th, 1863, entitled an
.act imposing taxes for the support of government, and to continue the
rights and remedies of the commonwealth and prescribing further regu¬
lations for licenses, which was subsequently taken up, read the first time
and ordered to be read a second time; and on motion of Mr. Brannon,
(two-thirds concurring,) was read the second time. Thereupon,
Mr. Brannon moved to lay the bill on the table.
Mr. Keen moved to amend the proposition so as to make the bill the
.order of the day for Monday next, which was agreed to; and the ques¬
tion recurring on the motion as amended and being put, was determined
in the affirmative.
And he from the same committee submitted the following joint reso¬
lution, which lies over under the rules :
Resolved by the general assembly, That the governor be, and he is
hereby respectfully requested to convene the general assembly on the
second Monday in January 1865 ; but this application is not intended
to interfere in any manner with the exercise of the discretion vested in
the governor by the constitution, should he think proper for any cause
,to convene the general assembly at an earlier day.
On motion of Mr. Johnson,
Resolved, That the committee for courts of justice enquire into the
expediency of authorizing the depositions of attesting witnesses to wills
who are in the military service, to be taken and read on motions for
probat of wills.
No. 69, A bill to provide a fund abroad for the use of the state, was
taken up on motion of Mr. Hunter, who thereupon withdrew (by general
.consent) the substitute for the first section, submitted by him, and sub¬
mitted a substitute for the bill, and the question on the adoption of the
substitute being put was determined in the affirmative,.
JOURNAL OF THE SENATE OF VIRGINIA.
ITS
The bill as amended was then ordered to he engrossed and read a
third time.
A message was received from the house of delegates by Mr. Magruder,
who informed the senate tlfat that house had adopted a joint resolution
authorizing the joint committee appointed to enquire and report upon
the abuses alleged to have occurred at Camp Lee to send for persons and
papers, Which was taken up and concurred in.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Logan from the committee on general laws, presented
No. 87, A bill to extend and define the southern boundary of the
city of Richmond, which was taken up, read the first time and ordered
to be read a second time.
No. 58, A bill authorizing the connection of certain railroads within
the city of Richmond, was taken up on motion of Mr. Christian of
Augusta, and on his further motion, the bill was laid on the table and
made the order of the day for Wednesday next.
Mr. Christian of Middlesex, submitted the following resolution :
Resolved, That when the senate adjourns to-day, it will adjourn to
meet at twelve o'clock Monday, and at the same hour on each day there¬
after until otherwise ordered.
The question on the adoption of the resolution being put, was de¬
termined in the negative.
On motion of Mr. Guy, the committee on general laws was discharged
from the further consideration of the following bill:
No. 82, House bill entitled an act to amend and re-enact the 2d sec¬
tion of an act to incorporate the Union manufacturing company, which
was then taken up, read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
A message was received from the house of delegates by Mr. jBouldin,
who informed the senate that that house had adopted a joint Resolution
requesting the governor to convene the general assembly on the first
Monday in November 1864, &c.; which was tafen up. Thereupon,
, Mr. Dickinson' moved to amend the resolution by striking out the
words "first Monday .in November 1864" and inserting in lieu thereof
the words "second Monday in January 1865."
On this proposition Mr. Johnson called for a division of the question,
which was ordered; and the question being put on the first member
thereof was determined in the affirmative. Thereupon,
Mr. Johnson moved to amend the second member of the proposition
by striking out the words "second Monday inx January 1865" and in¬
serting in lieu thereof the words "first Wednesday in December 1864,"
„ and the question being put thereon was determined in the affirmative.
The amendment as amended was then agreed to.
The question on-the adoption of the resolution as amended being put,
was determined in the affirmative—ayes 36; noes none.
On motion of Mr. Frazier, the vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Brannon, Bruce,
Carson, Christian of Augusta, Caristian of Middlesex, Coghill, Day,
174
journal of the senate of virginia.
Dickinson, Douglas, Dulany, Frazier, Garnett, Graham, Grice, Guy,
Hunter, Johnson, Keen, Lewis, Logan, Lynch, Marshall, Nash, Neeson,
Newman of Madison, Newman of Mason, Randolph, Stephenson, Tay-
loe, Taylor, Wiley and Witten—36.
On motiorkhf Mr. Dickinson, it was
Ordered, That he communicete the same to the house of delegates,
and request their concurrence in the amendment.
On motion of Mr; Newman of Mason, the senate adjourned until
Monday, eleven o'clock.
MONDAY, February 29, 1864.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, February 27, 1864.
The house of delegates have passed senate hills entitled an act con¬
cerning jailors' fees, No. 72; and an act increasing the capital stock of
the Bank of the city of Petersburg, No. 81.
They have agreed to the amendment proposed by the senate to joint
resolution in relation to convening the general assembly.
They have agreed to joint .resolutions in relation to the employment
of free negroes, and in relation to B. F. Murray, sheriff of Shenandoah
county; in which joint resolutions they respectfully request the concur¬
rence of the senate.
Joint resolution in relation to the employment of free negroes, &c.,
was taken up and concurred in.
Joint resolution in relation to B. F. Murray, sheriff of Shenandoah
county, i&fas taken up, and the question on the adoption thereof being
put, was determined in the affirmative—ayes 29; noes none.
The vote was recorded*as follows:
Ayes—Messrs. Alderson, Armstrong, Bales, Brannon, Carson, Chris-;
tian of Augusta, Christian of Middlesex, Ooffman, Day, Dillard, Doug¬
las, Dulany, Frazier, Guy, Hunter, Johnson, Keen,, Lewis, Lynch,
Marshall, Nash, Neeson, Newman of Madison, Newman of Mason,
Stephenson, Spitler, Tayloe, Taylor and Witten—29.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
On motion of Mr. Armstrong, the joint committee on the conscrip¬
tion of state officers were authorized to order the printing of their re¬
port.
Mr. Taylor submitted the following resolution :
Resolved, That the senate will to-day, and each day hereafter, take
a recess from two o'clock to eight o'clock P. M.
On motion of Mr. Armstrong, the resolution was laid on the table.
No. 83, A bill for the relief of John C. Heiskell, sheriff of Hamp¬
shire county, was taken up, read the third time, and the question on the
JOURNAL OP THE SENATE OP VIRGINIA.
175
passage thereof being put, was determined in the affirmative—ayes 31;
noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Brannon,
Bruce, Carson, Christian of Augusta, Christian of Middlesex, Coffman,
Day, Dillard, Douglas, Dulany, Hunter, Johnson, Lawson, Marshall,
Nash, Neeson, Newman of Madison, Newman of Mason, Randolph,
Shriver, Stephenson, Spitler, Tayloe, Taylor, Wiley and Witten—31.
The title of the bill was then agreed to.
On motion of Mr. Armstrong, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence therein.
No. 84, A bill for the relief of Thomas M. Hundley, commissioner
of the revenue for the county of Mathews, was taken up, read the third
time, and the question on the passage thereof being put, was determined
in the affirmative—ayes 35; noes none.
The yote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Brannon,
Carson, Christian of Augusta, Christian of Middlesex, Coffman, Day,
Dillard, Douglas, Dukmy, Frazier, Graham, Hunter, Johnson, Keen,
Lawson, Lewis, Logan, Lynch, Marshall, Nash, Neeson, Newman of
Madison, Newman of* Mason, Randolph, Shriver, Stephenson, Tayloe,
Taylor, Wiley and Witten—35.
The title of the bill was then agreed to.»
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
No. 69, A bill to provide a fund abroad for the use of the state, was
taken up and read the third time.* Thereupon,
Mr. Hunter moved to fill the blank in the bill with "one million of
dollars."
Mr. Douglas moved to amend the proposition by filling the blank
with "two millions five hundred thousand dollars," and the question
being put thereon was determined in the negative. Thereupon,
Mr, Douglas moved to fill the blank with "two millions of dollars,"
and the question being put thereon was determined in the negative—
ayes 16; noes 21.
On motion of Mr. Douglas, the vote was recorded as follows :
Ayes—Messrs. Armstrong, Ball, Branch, Christian of Augusta,
Christian of Middlesex, Douglas, Dulany, Graham, Guy, Nash, Neeson,
Newman of Mason, Randolph, Shriver, Tayloe and Taylor—16.
Noes—Messrs. Alderson, Bales, Brannon, Carson, Coffman, Day,
Dickinson, Frazier, Hunter, Johnson, Keen, Lawson, Lewis, Logan,
Lynch, Marshall, Newman of Madison, Stephenson, Spitler, Wiley and
Witten—21.
Mr. Douglas made an unsuccessful motion to fill the blank with "one
million five hundred thousand."
The question recurring upon the motion to fill with "one million of
dollars," and being put, was determined in the affirmative.
The question on the passage of the bill being put, was determined
(for want of a constitutional majority) in the negative—ayes 22; noes 16.
176
JOURNAL OF THE SENATE OF VIRGINIA.
The vote, was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Branch, Carson,
Christian of Augusta, Christian of Middlesex, Dillard, Dulany, Gra¬
ham, Guy, Hunter, Johnson, Nash, Newman of Madison, Newman of
Mason, Randolph, Spitler, Tayloe, Taylor and Witten—22.
Noes—Messrs. Bruce, Coffman, Day, Dickinson, Douglas, Frazier,
Keen, Lawson, Lewis, Logan, Lynch, Marshall, Neeson, Shriver, Ste¬
phenson and Wiley—16.
Mr. Christian of Middlesex, from the committee on public institu¬
tions, reported without amendment,
No. 63, House bill entitled an act releasing William B. Ball from
the payment of a certain sum of money, which was taken up, read the
third time, and the question on the passage thereof being put, was de¬
termined (for want of a constitutional majority,) in the negative—ayes
23; noes 12.
The vote was recorded as follows :
Ayes—Messrs. Armstrong, Ball, Brannon, Christian of j^ugusta,
Christian of Middlesex, Coffman, Douglas, Dulany, Graham, Guy, John¬
son, Lawson, Lewis, Lynch, Marshall, Nash, Neeson, Randolph^ Shri¬
ver, Stephenson, Tayloe, Taylor and Witten—23.*
Noes—Messrs. Alderson, Bales, Branch, Bruce, CaTson, Day, Dick¬
inson, Dillard, Hunter, Logan, Newman of Madison and Spitler—12.
Subsequently,
On motion of Mr. Dillard, the vote by which the bill was rejected was
reconsidered and the bill laid on the table.
Mr. Randolph asked for, and obtained leave-to introduce
No. 88, A bill to increase the compensation of the clerk of the cir¬
cuit court of the city of Richmond; which was taken up, read the first
time and ordered to be read a second time.
No. 76, A bill authorizing the , receipt of the treasury notes of the
Confederate States in payment of taxes and other public dues, and reg¬
ulating when and how the same shall be received, was taken up on mo¬
tion of Mr. Brannon, and the question on the passage thereof being put,
was determined in the affirmative—ayes 37 ; noes none.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Bales, Ball, Branch, Brannon, Carson,
Christian of Augusta, Christian of Middlesex, Coffman, Day, Dickin¬
son, Dillard, Douglas, Dulany, Frazier, Graham, Guy, Hunter, Johnson,
Keen, Lawson, Lewis, Lagan, Lynch, Marshall, Nash, Neeson, New¬
man of Madison, Newman of Mason, Randolph, Shriver, Stephenson,
Spitler, Tayloe, Taylor, Wiley and Witten—37.
The title of the bill was then agreed to.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
A message was received from the house of delegates, informing the
A .
senate that that house had passed a bill entitled an act increasing the
compensation of the judge of the 13th judicial circuit, No. 67 which
was subsequently taken up, twice read and referred to the committee
for courts of justice.
No. 86, A bill to repeal the act passed March 28th, 1863, entitled
JOURNAL OR THE SENATJ3 OP VIRGINIA.
177
an act Imposing taxes for the support of government, and to continue
the rights and remedies of the commonwealth, and prescribing further
regulations for licenses, being the order of the day, was taken up on
motion of Mr. Brannon.
On motion of Mr. Neeson, the word "repealed," in the first section?
was stricken out and the words "suspended until the day of
1865" inserted in lieu thereof. Thereupon,
Mr. Johnson moved to recommit the bill to the committee on finance,-
with instructions to report a bill suspending, froA the 1st to ,the 30th
sections inclusive, the act entitled an act imposing taxes for the support
of government, passed 28th March 1863, and imposing reasonable
taxes on all licenses, and the question being put thereon was determined-
in the negative.
The bill as amended was ordered to be engrossed and read a third time.-
No. 87, A bill to extend and define the southern boundary of the
city of Richmond, was taken up, read the second time,, and on motion
of Mr. Armstrong, laid on the table.
A message was received from the house of delegates by Mr. Buford,-
who informed the senate that that house had- passed a bill 'entitled an
act to establish an army agency in the city of Richmond for the relief
of soldiers, seamen and officers of Virginia in the confederate service,-
and to repeal the 1st, 2d and 3d sections of an act establishing such
agency, passed March 9th, 1863, No. 162; which was subsequently taken
up, twice read and referred to the committee for courts of justice.
Mr. Nash submitted the following resolution, which was rejected:
Resolved, That when the senate adjourns to-day, it adjourn to meet
at twelve o'clock to-morrow.
Mr. Frazier from the joint committee on salt, presented as a part of
their report the following resolutions :
Resolved, as the sense of the general assembly, That it is expedient
for the commonwealth to continue her present policy of manufacturing,
salt for the people.
2. That to this end the board of supervisors of salt #do immediately
impress the six furnaces at Saltvjlle known as the Charles Scott & Co.'
works, and the' appurtenances and labor necessary to operate the same;
and shall, prior to the 8th day of June next, impress nine of -the ten
furnaces of Stuart, Buchanan & Co., now leased by the state,, exclusive
of the Thomas R. Friend furnace, together with such dwelling houses,
stables and appurtenances as may be necessary for the proper forking
of said furnaces, and a fair proportion of the meadow and other land
adjacent thereto; also, the Pseston well and as much salt water from
the King and Finlev wells as shall be ample to supply the said fifteen
furnaces. Likewise, that the superintendent have authority, under the
supervision and control of the board of supervisors, to impress standing
wood for operating said furnaces.
3. That the joint committee on salt be instructed to report bills to
carry into effect the foregoing resolutions.
On motion of Mr. Frazier, the resolutions were ordered to be printed*
On motion of Mr. Frazier, the senate adjourned until to-morrow?
eleven o'clock.
23
178
JOURNAL OF THE SENATE OF VIRGINIA.
TUESDAY, MARCH 1, 1804.
Prayer by tbe Rev. Dr. Duncan.
"William Mahone, elected to supply tbe vacancy in tbe representation
from tbe second senatorial district occasioned by tbe resignation of
William E. Taylor, appeared, and tbe oatlis prescribed by law were ad¬
ministered to bim by tbe clerk, and be thereupon took bis seat.
A communication fr$m tbe bouse of delegates by tbeir clerk, was read
as follows:
In house of delegates, February 29, 1864.
Tbe bouse of delegates liave passed senate bills entitled an act tp
amend and re-enact an act entitled an act to incorporate tbe Richmond
importing and exporting company, passed February 21st, 1863, bio. 87 ;
and an act to amend the charter of tbe Fanners and Mechanics insurance
company of tbe city of Richmond, No. 80.
They have passed a bill entitled an act for tbe relief of A. G. Ingra-
ham, No. 70.
And they have passed with amendments, senate bill entitled an act to
provide for tbe holding of tbe sessions of tbe county court of Lee county,
No. 77. ^
In which bill and amendments they request the concurrence of tbe
senate.
No. 77, A bill to provide for holding the sessions of tbe county court
of Lee county, with amendments of the bouse of delegates, was taken
up and the amendments concurred in.
The house proposed to amend tbe title so as to read :
"An act to authorize the county courts to change tbe place of hold¬
ing their sessions, and to enlarge their powers in certain cases," which
was agreed to.
No. 70, Flouse bill entitled an act for tbe relief of A. G. Ingrahamy
was twice read, and on motion of Mr. Brannon, (tbe rule requiring the
commitment of tbe same being suspended,) was read tbe third time, and
the question on tbe passage thereof being put, was determined in the
affirmative—ayes 37 ; noes none.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Dales, Ball, Branch, Brannon,
Bruce, Carson, Christian of Augusta, Christian of Middlesex, Coghillj
Coffman, Day, Dillard, Douglas, Dulany, Frazier, Garnett, Graham,
Guy, Hart, Hunter, Johnson, Lawson, Lewis, Lynch, Mahone, Nash,
Neeson, Newman of Madison, Newman of Mason, Stephenson, Spitler,
Tayloe, Taylor, Wiley and Witten—37.
Ordered, That tbe clerk communicate tbe same to tbe bouse of delegates.
Mr. Brannon from tbe committee on finance, submitted the following
joint resolution, which lies over under tbe rules:
Resolved by the general assembly, That tbe commissioners of the
sinking fund may sell or otherwise dispose of tbe bonds of the Hillsboro'
and Cincinnati railroad company now owned by tbe state, upon terms
deemed by them best for the interest of the state.
JOURNAL OP THE SENATE OP VIRGINIA.
179
Subsequently, on motion of Mr. Brannon, (tbe rules being suspended
therefor,) the resolution was taken up, and the question on the adoption
thereof being put, was determined in the affirmative—ayes 32; noes
none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Bales, Ball, Brannon, Bruce,
Carson, Christian of Middlesex, Day, Dickinson, Dulany, Frazier, Gar-
nett, Graham, Hart, Ilunter, Johnson, Lawson, Lewis, Logan, Lynch,
Mahone, Marshall, Neeson, Newman of Madison, Newman of Mason,
Randolph, Stephenson, Tayloe, Taylor, Wiley and Witten—32.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
Mr. Christian of Augusta, from the committee on banks, presented a
report adverse to the expediency of cancelling the bank currency of the
state banks, which was subsequently taken up and concurred in.
Also, a report adverse to the sale of the state's stock in the banks,
which was subsequently taken up and concurred in.
Mr. Bruce asked for, and obtained leave to, introduce
No. 89, A bill to incorporate the Confederate States porcelain com¬
pany, which was taken up, read the first time and ordered to be* read a
second time; and on motion of Mr. Bruce, (two-thirds concurring,) was
read the second time, and ordered to be engrossed and read a third time.
Mr. Coghill asked for, and obtained»leave to introdupe
No. 90, A bill amending the 5th section of the act passed 30th March
1863, entitled an act te provide for the production and distribution of
salt, which was taken up, read the first time and ordered* to be read a
second time.
No. 86, A bill to repeal the act passed March 28th, 1863, entitled an
act imposing taxes for the support of government, and to continue the
rights and remedies of the commonwealth, and prescribing further regu¬
lations for licenses, was taken up and read the third time.
On motion of Mr. Neeson, the blank in the 'bill was filled with the
"31st of January." Thereupon,
Mr. Brannon submitted the following clause by way of rider to the
bill:
" There shall be no assessment of property or licenses during the sus¬
pension of the act aforesaid by the commissioners of the revenue."
The rider was read the first and second times, and ordered to be en¬
grossed and read a third time; and being forthwith engrossed, was read
the third time. Thereupon,
On motion of Mr. Brannon, (by general consent,) the rifcier was
amended by adding at the end thereof the words "but licenses shall be
issued and obtained without assessment."
Mr! Hunter moved to lay the bill and rider on the table, and the
question being put thereon, was determined in the negative—ayes 14;
noes 27.
On motion of Mrt Hunter, the vote was recorded as follows :
Ayes—Messrs. Armstrong, Ball, Branch, Brannon, Christian of
Augusta, Dulany, Garrison, Graham, Guv, Ilunter, Marshall, Neeson,
Newman of Mason and Tayloe—14.
180
JOURNAL OF THE SENATE OF VIRGINIA.
Noes—Messrs. Alderson, Bales, Bruce, Carson, Cogliill, Coffman,
Day, Dickinson, Dillard, Frazier, Garnett, Hart, Johnson, Keen, Law-
son, Lewis, Logan, Lynch, Mahone, Nash, Newman of Madison, Ste¬
phenson, Spitler, Taylor, Wiley and Witten—27.
The question on the passage of the hill and rider being put, was de¬
termined in the affirmative—ayes 34 ; noes 7.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Bales, Brannon, Bruce, Carson, Christian
of Augusta, Christian of Middlesex, Coghill, Coffman, Day, Dickinson,
Dillard, Frazier, Garnett, Garrison, Graham, Hart, Johnson, Keen,
Lawson, Lewis, Logan, Lynch, Mahone, Nash, Neeson, Newman of Madi¬
son, Newman of Mason, Randolph, Stephenson, Spitler, Taylor, Wiley
and Witten—34.
Noes—Messrs. Armstrong, Ball, Dulany, Guy, Hunter, Marshall and
Tayloe—7.
On motion of Mr. Brannon, the title was amended and agreed to as
follows:
An act to suspend the act passed March 28th, 18G3, entitled an act
imposing taxes for the support of government, and to continue the
rights and remedies of the commonwealth, and prescribing further regu¬
lations for licenses.
On motion of Mr. Wiley, it was
. Ordered, That Mr. Brannon communicate the passage of the bill to
the house of delegates, and request their concurrence therein.
No. 27, A bill to" amend and re-enact the 1st section of an act en¬
titled an act £o authorize fiduciaries to invest funds in their hands in
certain cases, and for other purposes, passed March 5th, 1863, was
taken up and read the second time.
The amendments proposed by the committee for courts of justice
were agreed to, and the bill as amended was ordered to be engrossed
and read a third time.
No. 63, House bill entitled an act releasing William B. Ball from
the payment of a certain sum of money, was taken up on motion of
Mr. Nash, and the question on the passage thereof being put, was de¬
termined in the affirmative—ayes 33; noes 4.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Ball, Branch, Carson, Chris¬
tian of Augusta, Christian of Middlesex, Coghill, Coffman, Day, Dil¬
lard, Dulany, Garnett, Garrison, Graham, Guy, Hart, Hunter, Johnson,
Keen, Lawson, Lewis, Lynch, Mahone, Marshall, Nash, Neeson, New¬
man of^Mason, Randolph, Tayloe, Taylor, Wiley and Witten—33.
Noes—(Messrs. Dickinson, Logan, Newman of Madison and Spit¬
ler——
Ordered, That the .clerk communicate the same to the house of dele¬
gates.
On motion of Mr. Marshall, the vote by which the following bill was
rejected was reconsidered, and on his further motion the bill was laid on
the table:
No. 69, A bill to provide a fund abroad for the use of the state.
No. 28, A bill to amend and re-enact an act authorizing the court of
JOURNAL OF THE SENATE OF VIRGINIA.
181
appeals to hold its sessions at other places than at Lewisburg, passed
March 12th, 1863, was taken up, read the second time and ordered to
l>e engrossed and read a third time.
No. 75, A bill imposing taxes for the support of goyernment, was
taken up, read the second time, and on motion of Mr. Brannon, laid on
the table.
No. 82, A hill authorizing the funding of certain currency belonging
to the state, in confederate bonds, and to authorize the sale of such
bonds if necessary, was taken up, read the second time, and having been
amended on motion of Mr. Brannon, and after sundry unsuccessful
motions to amend by Messrs. Frazier, Guy and Keen, was ordered
to he engrossed and read a third time.
No. 88, A bill to increase the compensation of the clerk of the cir¬
cuit court of the city of Richmond, was taken up, read the second time,
and ordered to be engrossed and read a third time.
•The president laid before the senate a communication from the board
of public works, in response to a resolution of the senate asking for
certain information touching the manufacture and distribution of salt
for the state of Virginia; which on motion of Mr. Armstrong, was laid
on the table and ordered to be printed. Doc. No. 19.
Mr. Neeson from the committee for courts of justice, reported with¬
out amendment,
No. 162, House bill entitled an act to establish an army agency in
the city of Richmond for the relief of soldiers, seamen and officers of
Virginia in the confederate service, and to repeal the 1st 2d and 3d
sections of an act establishing such agency, passed March 9th, 1863 ;
which was taken up, read the third time, and on motion of Mr. Brannon,
laid on the table.
The report of the joint committee on salt, was taken up on motion of
Mr. Coghill, and on his further motion, the same was laid on the table
and made the order of the day for to-morrow at half-past eleven o'clock.
On motion of Mr. Johnson,
Resolved, That the committee for courts of justice enquire what
legislation is necessary in relation to county levies, in view of the sus¬
pension of the collection of state taxes for the present year.
On motion of Mr. Keen,
Resolved, That a special committee be appointed to enquire into the
expediency of reporting a bill amending the law passed October 3d,
1862, to further provide for the public defence.
The chair appointed Messrs. Keen, Randolph, Christian of Middle¬
sex, Carson and Hart as said committee.
Mr. Wiley made an unsuccessful motion to take up the Resolution
providing for evening sessions.
On motion of Mr. Lynch, the senate adjourned until to-morrow,
eleven o'clock.
182
JOURNAL OF THE SENATE OF VIRGINIA.
WEDNESDAY, MARCH 2, 1864.
Prayer by Rev. Dr. Duncan.
A communication from the house of delegates by their clerk, was read
as follows:
In house of- delegates, March 1, 1864.
The house of delegates have passed a bill entitled an act to repeal
section 8 and amend and re-enact section 9 of chapter 85 of the Code of
Virginia, (edition of I860,) so as to dispense with the office of treasurer
of the Central lunatic asylum, and to direct the funds of said asylum
to be kept in either of the banks in Staunton, No. 142; in which they
respectfully ask the concurrence of the senate.
No. 142, House bill entitled an act to repeal section 8 and to amend
and re-enact section 9 of chapter 85 of the Code of Virginia, (edition of
I860,) so as to dispense with the office of treasurer of the Central lunatic
asylum, and to direct the funds of. said asylum to be kept in either of
the banks in Staunton, was twice read, and on motion of Mr. Christian
of Augusta, the rule requiring the commitment of the same was sus¬
pended, and the bill read the third time, and the question on the pas¬
sage thereof being put, was determined in the affirmative—ayes 28;
noes none.
The vote was recorded as follows :
. Ayes—Messrs. Armstrong, Bales, Ball, Bruce, Carson, Christian of
Augusta, Coghill, Coffman, Day, Dillard, Frazier, Graham, Guy, Hart,
Hunter, Johnson, Jones, Keen, Lewis, Logan, Mahone, Marshall, Nash,
Newman of Madison, Newman of Mason, Tayloe, Taylor and Wit-
ten—28.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Logan from the committee on general laws, reported without
amendment, ^
No. 96, House bill entitled an act to amend the charter of the town
of Bridgewater, in the county of Rockingham.
No. 115, House biy. entitled an act to make Clinch river a lawful
fence through the county of Scott.
No. 132, House bill entitled ,an act to incorporate the Hardy coal
mining company; and
No. 148, House bill entitled an act to incorporate the Henrico manu¬
facturing company. ,
1 Mr. Brannon from the committee on finance, reported
No. 64, A bill to provide for the purchase and distribution among the
people of the state, of cotton, cotton yarns, cotton cloths and hand-
cards.
And he from the same committee, presented
No. 91, A bill for the relief of William W. Forbes, late sheriff of
Buckingham county.
Also, a report declaring it inexpedient to legislate on the subject of
a resolution enquiring into the expediency of remitting or reducing
JOURNAL OF THE SENATE OF VIRGINIA.
183
taxes which have not been collected in those counties which have been
invaded by the enemy, &c. ,
Mr. Ball from the select committee on sale of ardent spirits, pre¬
sented
No. 92, A bill to prohibit the granting of ordinary license at certain
specified places in the commonwealth.
Mr. Coghill asked for, and obtained leave to introduce
No. 93, A bill to authorize the impressment of certain salt wells,
furnaces and other .property, which- was taken up, read the first time
and ordered to be read a second time.
Mr. Lewis offered the following'preamble and joint resolution, which
lies over under the rules :
• Whereas, it is represented to the general assembly that there are
many persons residing in counties, cities and towns that have been over¬
run by the public enemy, who have had their lands damaged and wasted,
and their property injured and destroyed so as in many cases not to be
able to raise a surplus of produce for sale, and in many others not to be
able to cultivate their lands at all; and whereas such persons are owing
arrears of taxes to the commonwealth, with, which they have been
assessed for the years 1862 and 1863, but are unable to pay.them by
reason of the causes above set forth:
Be it therefore resolved by the general assembly, That the auditor of
public accounts be, and he is hereby authorized and directed, upon satis¬
factory evidence being produced that any person or persons residing
within any county, city or town that has been overrun by the public
enemy, or that is in the power or possession of the public enemy, have
been so reduced in their means and circumstances by tlje spoliations of
the public enemy, and by injuries to and losses of their property, that
they are or have been unable to cultivate their lands, or unable to raise
a surplus of produce for sale, and by reason thereof are unable to pay
their taxes for the years 1862 and 1863, he shall remit the taxes of
such persons for those years; and the said auditor of public accounts is
dir^jfted to issue instructions to the sheriffs and collectors of taxes in
said counties, cities and towns to institute the necessary inquiries into
the ability of all such persons to 'pay their taxes, and report to him a
list of the persons, with the results of their enquiries in each case, and
if it shall appear to the said auditor that such persons, for the causes
before assigned, are entitled to have their taxes remitted, he shall remit
the same in such mode and according to such .regulations as he may
adopt.
A message was received from the house of delegates by Mr. Bouldin,
who informed the senate that that house had passed with amendments,
senate bill entitled an act authorizing the receipt of the treasury notes
of the Confederate States in payment of taxes and other public dues,
and regulating when and how the same shall be received, No. 76; which
on motion of Mr. Brannon was taken up, and the first amendment of
the house was agreed to; and pending the consideration of the second
amendment,
. On motion of Mr. Brannon, the bill was laid on the table. Subse¬
quently, .
184
JOURNAL OF THE SENATE OF VIRGINIA.
On motion of Mr. Brannon, the bill was taken up, and the question
on' agreeing to the second amendment of the house being put, was • de¬
termined in the affirmative.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
'On motion of Mr. Armstrong, the following resolution was adopted :
Resolved, That the joint committee appointed to consider what meas¬
ures, if any, may have become proper to be adopted by the general
assembly in view of the recent act of congress known as the military
act, so far as it may affect the officers of government of this state, be
enlarged by the addition of two members on the part of the senate.
The president appointed Messrs. Neeson and Christian of Middlesex,
under the said resolution.
On motion of Mr. Armstrong, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence therein. Subsequently, a message was received from
the house of delegates by Mr. Robertson, who informed the senate that
that house had concurred in the resolution.
No. 82, A bill to authorize the funding of certain currency belonging
to the state, in confederate bonds, and to authorize the sale of such
bonds if necessary, and to authorize the conversion of other notes into
other issues, was taken up on motion of Mr. Brannon, read the third
time, and the question being put on the passage thereof, was determined
in the affirmative—ayes 29 ; noes none.
The vote was recorded as follows :
Ayes—Messrs. Armstrong, Bales, Ball, Brannon, Bruce, Carson,
Christian of Middlesex, Coghill, Coffman, Day, Dillard, Garrison, Gra¬
ham, Guy, Hart, Johnson, Jones, Keen, Lewis, Logan, Lynch, Mahone,
Marshall, Neeson, Newman of Madison, Stephenson, Tayloe, Taylor
and Witten—29.
On motion of Mr. Brannon, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence.
No. 89, A bill to incorporate the Confederate States porcelain com¬
pany, was taken up, read the third time and passed with its title.
Ordered, That the clerk inform the house of delegates thereof, and
request their concurrence.
The report of the joint committee on salt, being the order of the day,
was taken up on motion of Mr. Frazier, and on motion of Mr. Coghill,
was laid on the table and made the order of the day for to-morrow at
eleven o'clock.
A message was received from the house of delegates by Mr. Bouldin,
who informed the senate that that house had passed senate bill entitled
an act to suspend the act passed March 28th, 1863, entitled an act im¬
posing taxes for the support of government, and to continue the rights
and remedies of the commonwealth, and prescribing further regulations
for licenses, No. 86, with an amendment in these words:
"Insert the following preamble:
"Whereas, it appears from the report and estimates of the auditor
of public accounts, that the available balance which will be in the treas-
JOURNAL OF THE SENATE OF VIRGINIA.
185
ury on ,the 15th of March 1864, with additional receipts accruing during
the current fiscal year will amount to the sum of $9,325,445, which sum
will, in the opinion of this general assembly be ample for the support
of the state government, as well as for compliance with any demands
which may probably .be made upon the treasury during the current
year; therefore."
No. 27, A bill to'amend and re-enact the first section of* an act en¬
titled an act to authorize fiduciaries to invest funds in their hands in
certain cases, and for other purposes, passed March 5th, 1863, was taken
up, read the third time and passed. Thereupon,
On motion of Mr. Hunter, the vote by which the bill was passed was
reconsidered, and on his further motion .the vote ordering the bill to its
engrossment and third reading was reconsidered. Thereupon,
Mr. Neeson moved to amend by striking out, wherever they occur in
the bill, the words "commissioner or agent of any chancery court,"
and the question being put thereon, was determined in the affirmative.
The bill as amended was then ordered, to be engrossed and read a
third time.'
A message was received from the house of delegates by Mr. Burwell,
who informed the senate that that house had passed a bill entitled.an
act to provide for the completion of the Covington and Ohio railroad,
and. construct a branch thereof, No. 30.
Mr. Wiley moved that the senate take a recess until eight o'clock this
evening. Thereupon,
On motion of Mr. Dulany, the senate adjourned until to-morrow,
eleven o'clock.
THURSDAY, MARCH 3, 1864.
Prayer by Rev. Dr. Duncan.
No. 86, A bill to suspend the act passed March 28th, 1863, entitled
an act imposing taxes for the support of government, and to continue
the rights and remedies of the commonwealth,, and prescribing further
regulations for licences, with the amendment proposed by the house of
delegates, was taken up and the amendments concurred in.
No. 30, Plouse bill entitled and act to provide for the completion of
the Covington and Ohio railroad and construct a branch thereof, was
taken up, twice read and referred to the committee on roads and internal
navigation.
A communication from the house of delegates by their clerk, was
read as follows:
In house of delegates, March 2, 1864.
The house of delegates have passed a bill to amend and re-enact the
second section of an act passed October 9th, 1863, entitled 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 re-*
peal the fence law of Virginia as to certain counties, and to autho' izethe
county courts to dispense with enclosures in other counties, passed Oc-
186
JOURNAL OF THE SENATE OF VIRGINIA.
tober 3d, 1862, and to legalize tbe action of county courts lield under
said law, No. 189 ; in wliich they request the concurrence of the senate..
No. 159, House bill entitled an act to amend and re-enact the second
section of an act passed October 3d, 1863, entitled an act to amend the
act passed February 13th, 1863, entitled an act amending and re-en¬
acting the first and second sections of an act entitled an act to repeal
the fence law of Virginia as to certain counties, and to authorize the
county courts to dispense with enclosures in other counties, passed Oc¬
tober 3d, 1862, and to legalize the action of the county courts held
under said law, was taken up, twice read, and on motion of Mr. New¬
man of Madison, (the rules requiring its commitment being suspended),
was read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Johnson, from the committee of conference on the subject of
disagreement between the two houses on a bill to authorize an appro¬
priation to pay for tobacco injured or distroyed by fire at the public
warehouse, presented a report as follows:
The committee have held a conference on said subjects of disagree¬
ment and are unable to agree thereon, but have agreed that the chairman
of each committee report to their respective house a new bill on the
same subject. Thereupon,
Mr. Johnson, chairman of the committee of conference pn the part
of the senate on said subjects of disagreement-between the two houses,
asked for, and obtained leave 'to introduce
No. 94, A bill to authorize an appropriation to pay for tobacco in¬
jured or destroyed by fire at the public warehouse; which was taken up
on his motion and read the first time and ordered to be read a second
time ; and on his further motion, (two thirds concurring), was read the
second time and ordered to be engrossed and read a third time; and
being forthwith engrossed, an unsuccessful motion was made by Mr.
Johnson, that the bill be read the third time.
Mr. Lawson asked for, and obtained leave to introduce
No. 95, A bill forfeiting the lands of alien enemies and transferring
the same to loyal,claimants holding title under the commonwealth ;-which
was taken up, read the first time and ordered to be read a second time.
No. 40, A bill making debts due to branch banks within the enemy's •
lines, payable to the mother banks within the confederate lines, with the
amendment proposed by the house of delegates, was taken up, and the
amendment concurred in.
The amendment of the house to the title was agreed to, and is as
follows:
" An act authorizing banks or branch banks, in certain cases, to re¬
ceive payment of debts at branch or mother banks within the enemy's
lines."
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Mr. Brannon asked for, and obtained leave to introduce
No. 96, A bill to amend and re-enact*the 5th section of chapter 53
journal of tiie senate of virginia.
187
of the Code, (edition of I860,) in relation to county levies, which was
taken up, read the first time and ordered to be read a second time; and
on motion of Mr. Brannon, (two-thirds concurring,) was read the second
time and ordered to be engrossed and read a third time.
The resolutions reported by the joint committee on salt, being the
order of the day, were taken up on motion of Mr. Frazier.
A motion was made by Mr. Guy to lay the resolutions on the table
and make them the order for to-morrow at eleven o'clock, and the ques¬
tion being put thereon, was determined in the negative—ayes 6; noes 32.
On motion of Mr. Alderson, the vote was recorded as follows:
Ayes—Messrs. Armstrong, Ball, Christian of Augusta, Dulany, Guy
and Johnson—6.
Noes—Messrs. Alderson, Bales, Branch, Brannon, Bruce, Carson,
Christian of Middlesex, Coghill, Coffman, Day, Dillard, Dougla£, Gar¬
rison, Graham, Hart, Hunter, Jones, Keen, Lawsony Lewis, Logan,
Marshall, Nash, • Neeson,. Newman of Madison, Newman of Mason,
Randolph, Stephenson, Spitler, Tayloe, Taylor and Witten—32.
The question recurring on the adoption of the said resolutions,
Mr. Coghill moved to lay. the same on the table, and the question
being put thereon, was determined in the affirmative. Thereupon,
On motion of Mr. Coghill, the senate took a recess until eight o'clock
this evening.
EVENING .SESSION.
Thursday, TSIarch 3, 1864.
No. 28, A bill to amend and re-enact an act authorizing the court of
appeals to hold its sessions at other places than at Lewisburg, passed
March 12th, 1863, was taken up, read the third time, and by general
consent, was modified on motion of Mr. Taylor, and on his further
motion was laid on the table.
No. 96, Hou'se bill entitled an act to amend the charter of the town
of Bridgewater, in .the county of Rockingham, was taken up on motion
of Mr. Coffman, read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. 88, A bill to increase the compensation of the clerk of the cireuit
court of the city of Richmond, was taken up, read the third time, and
the question on the passage thereof being put, was determined in the
affirmative—ayes 26; fioes 3.
The vote was recycled as follows :
Ayes—Messrs. Alderson, Ball, Brannon, Bruce, Carson, Christian of
Augusta, Christian of Middlesex, Coghill, Coffman, Dulany, Frazier,
Graham, Guy, Hart, Johnson, Jones, Keen, Lawson, Lewis, Lynch,
Neeson, Newman of Madison, Newman of Mason, Stephenson, Spitler
and Tayloe—26.
Noes—Messrs. Taylor, Wiley and Witten—3.
The title of the bill was then agreed to.
188
journal of the senate of virginia.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their, coneuvr uce therein.
No. 27, A bill to amend and re-enact the first section of an act- en¬
titled an act to authorize fiduciaries to invest funds in then? hands in
certain cases, and for other puip-mes, passed March 5th, 1863, -was taken
up, read the third time and pass, d with its title.
Ordered, That the clerk communicate the same to the house of dele¬
gates, and request their concurrence therein.
The resolutions' of the joint committee on salt Avere taken up on
motion of Mr. Taylor, and the question being on the adoptioh of the
first resolution,
Mr. Hart moved that the resolutions be laid on the table.
Mr. Brannon proposed to amend the motion of Mr. Hart (which was
accepted by him,) by adding "and that the vote on the said resolutions
be taken at one'o'clock to-morrow"—when,
Mr. Christian of Middlesex moved that the senate adjourn, which
was rejected—ayes 11; noes 20. ^
On motion of Mr. Brannon, the vote wTas recorded as follows: .
Ayes—Messrs. Armstrong, Ball, Christian of . Augusta, Christian of
Middlesex, Puiany, Graham, Guy, JohnsQn, Lewis, Logan and Mar¬
shall—11.
Noes—Messrs. Alderson,. Brannon, Carson, Coghill, Coffman, Fra-
zier, Hart, Hunter, Jones, Lawson, Lynch, Neeson, Newman of Madi¬
son, Newman of Mason, Stephenson, Spitler, Tayloe, Taylor, Wiley
and Witten—20.
After further consideration of the resolutions.
On motion of Mr. Johnson, the senate adjourned until to-morrow,
eleven o'clock.
FRIDAY, March 4, 18G4.
Prayer by Rev. Dr. Duncan.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, March 3, 1864.
The house 'of delegates fiave passed senate bill entitled an act to
•authorize the funding of certain currency belonging to the state in con¬
federate bonds, and to authorize the sale of such bonds if necessary,
and to authorize the conversion of other notes ifito other issues, No. 82;
and an act to incorporate the Confederate porcelain company, No. 89.
They have passed a bill entitled an act amending and re-enacting the
2d and 7th sections of an act for improving • the navigation of Willis
river, passed January 28th, 1817, No. 137; in which they respectfully
request the concurrence of the senate.
No. 137, House bill entitled an act amending and re-enacting sections
2 and 7 of an act for improving the navigation of Willis river, passed
JOURNAL OF THE SENATE OF VIRGINIA.
189
January 28th, 1817, was twice read, and on motion of Mr. Nash, the
rule requiring its commitment was suspended, and the bill laid on the
table. Subsequently,
On motion of Mr. Nash, the bill was taken up, read the third time,
and the question on the passage thereof being put, was determined in
the affirmative.
On motion of Mr. Wiley, it was
Ordered, That he communicate the same to the house of delegates.
Mr. Johnson from the committee on roads and internal navigation,
reported without amendment,
No. 30, House bill entitled an act to provide for the completion of
the Covington and Ohio railroad, and construct a branch thereof.
Mr. Armstrong from the joint committee on the conscription of state
officers, presented a report; which on his motion was ordered to be
printed. Doc. No. 20.
No. 162, House bill entitled an act to establish an *army agency in
the city of Richmond for the relief of soldiers, seamen and officers of
Virginia in the confederate service, and to repeal the- 1st, 2d and 3d
sections of an act establishing such agency,'passed March 9th, 1863,
was taken up on motion of Mr. Christian of Middlesex, and the question
on the passage thereof being put, was determined in the affirmative—
ayes 28; noes 3.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Branch, Bruce, Carson, Chris¬
tian of Augusta, Christian of Middlesex, Coffman, Diqjnnson, Dillard,
'Dulany, Graham, Guy, Hunter, Johnson, Jones, Keen, Lawson, Lewis,
Lynch, Marshall, Nash, Neeson, Newman of Madison, Tayloe, Taylor,
Wiley and Witten—28.
Noes—Messrs. Frazier, Hart and Logan—3.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. 69, A bill to provide a fund abroad for the use of the state-, was
taken up on motion of Mr. Marshall, and on his further motion was
laid on the table.
No. 28, A bill td amend and re-enact an act authorizing the court of
appeals to hold its sessions at other places tha,n at Lewisburg, passed
March 12th, 1863, was taken up on motion of Mr. Taylor, and the
question on the passage thereof being put, was determined in the-affima-
tive—ayes 30; noes 1.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Branch, Bruce, Carson, Christian of
Augusta, • Christian of Middlesex, Coffman, Dickinson, Dillard, Frazier,
Graham, Guy, Hart, Hunter, Johnson, Jones, Keen, Lawson, Lewis,
Logan, Marshall, Neeson, Newman of Madison, Newman of Mason,
Randolph, Spitler, Tayloe, Taylor, and Witten—30.
Noes—Mr. Wiley—1.
The title of the bill was then agreed to.
On motion of Mr.' Taylor, it was
Ordered, That he communicate the same to the house of delegates,
and request their concurrence therein.
190
JOURNAL OP THE SENATE OP VIRGINIA.
Mr. Guy asked for, hnd~obtained leave to introduce
No. 97, A bill authorizing county and corporation courts to ratify
and confirm the issue and sale of bonds and other secureties in certain
cases, wlfich. was taken up, read the first time, and ordered to be read a#
second time.
No. 94, A bill to authorize an appropriation to pay for tobacco in¬
jured or destroyed by fire at the'public warehouse, was taken up, read
the third time, and the question o'n the passage thereof being put, was
determined in the affirmative—ayes 32; noes 3.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Branch, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Coffinan, Dickinson, Dil-
lard, Frazier, Graham, Guy, Hart, Hunter, Johnson, Jones, Keen,
Lawson, Logan, Mahone, Nash, Neeson, Newman of Madison, Randolph,
Shriver, Stephenson, Spitler, Tayloe, Taylor and "Wiley—32.
Noes—Messrs. Dulany, Lewis and Marshall—3.
The title of the bill was then agreed to.
On motion of Mr. Wiley, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence.
The resolutions of the joint committee on salt, being the unfinished
business of last evening, were taken up, and the question being put on
the motion pending at adjournment yesterday, was determined in the
negative.
The question.being on the adoption of the first of said resolutions,
Mr. Stephenson demanded the previous question, which was seconded,
and the question " Shall the main question be now put?" was put and de¬
termined in the affirmative; and the "question on the adoption of the
first resolution being put, was determined in the affirmative—ayes 37;
noes 1.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Branch, Brannon, Bruce, Carson,
Christian of Middlesex, Coghill, Coffman, Dickinson, Dillard, Dulany,
Frazier, Garrison, Graham, Guy, Hart, Hunter, Johnson, Jones, Keen,
Lawson, Logan, Lynch, Marshall, Nash, Neeson, Newman of Madison,
Newman of Mason, Randolph, Shriver, Stephenson, Spitler, Tayloe,
Taylor, Wiley and Witten—37.
Noes—Mr. Armstrong—1,
The question being on the adoption of the second resolution,
Mr. Guy submitted the following amendment by way of substitute
therefor:
"Resolved, That for jhe provision of-a future supply of salt for the.
people of Virginia, it is unnecessary and inexpedient to resort at present
to the peremptory impressment of other salt property not now in the pos¬
session of tfi.e state or its tenants, or to depart materially from the plan
of operations now in execution for that purpose, and that a select com¬
mittee of five be appointed with instructions to contract with Stuart,
Buchanan & Co., for an extension of the existing lease with them until
the 1st day of January 1865, upon the basis of their, proposal of the
20th February 1864, with such modifications as said committee shall
JOURNAL OF THE SENATE OF VIRGINIA.
191
deem necessary and proper, subject to the approval and ratification of
the general assembly; and if such committee shall be unable promptly
to effect such contract, then they are instructed to report a bill to
authorize the impressment by the board of supervisors of salt, of such
portion of salt property now held by the state or its- tenants, and by
Challes Scott & Co., as they shall deem necessary to secure an adequate
supply of salt for the people of the state. But the salt prbperty of
Charles Scott & Co. shall not be impressed to such an extent as wil'l
disable them from supplying the demands "of the Confederate States
government, nor' to any bxtent, unless it shall appear to be absolutely
necessary in ordet* to furnish a sufficient supply of salt to the people of**
the state, nor if the owners of the property will furnish a satisfactory
■ guaranty that they will supply any deficit at the same price which it
may cost the state to manufacture salt."
The question on the adoption of the' substitute being put, was de¬
termined in the negative—ayes 13; noes 25.
On motion of Mr. Coghill, the vote was recorded as follows:
Ayes—Messrs. Armstrong, Ball, Christian of Middlesex, Garrison,
Graham, Guy, Johnson, Jones, Keen, Logan, Lynch, Randolph and
Tayloe—13.
Noes—Messrs. Alderson, Branch, Brannon, Bruce, Carson, Coghill,
Coffman, Dickinson, Dillard, Dulany, Frazier, Hart, Hunter, Lawson,
Marshall, Nagh, Neeson, Newman of Madison, Newman of Mason,
Shriver, Stephenson, Spitler, Taylor, Wiley and Witten—25.
Mr. Johnson then submitted the following as a substitute for the
first resolution:
To this end the committee is instructed to lease of Stuart, Buchanan
& Co., the nine furnaces and other property mentioned in their second
letter appended to the report of the committee, for twelve months from
• the termination of the present lease, upon the terms mentioned in said *
letter, and in the event of. the +failure or refusal of Stuart, Buchanan
& Co. to lease the same on the terms aforesaid, thai the same be im¬
pressed ; and if at any time during the oontinuance of tfie lease or the
term for which the property is impressed, the board of supervisors shall
be satisfied that the supply of salt produced from the nine furnaces is
insufficient to furnish thirty pounds to each inhabitant of the state in
the. couqties to which it can be delivered, then they shall be authorized^
to contract for the delivery of such quantity of salt as may be sufficient
tp supply the deficiency, at a price not more than the cost of making
salt by the state; and in the event of said board being unable 1?o make
such contract, then authority to be given the board of supervisors to im¬
press a sufficient quantity ,o£ salt, or to impress^, furnaces to be worked
on stal^e account, to supply such deficiency.
The question being put on the adoption of the substitute, was deter¬
mined in the negative—ayes 16; noes 22.
On motion of Mr. Ball, the vote was recorded as fallows:
Ayes—Messrs. Armstrong, Ball, Christian of Middlesex, Dickinson,
Dulany, Garrison, -Graham, Guy, Johnson, Jones, Keen, Logan, Lynch,
Randolph, Tayloe and Taylor—16. "
Noes—Messrs. Alderson, Branch, Brannon, Bruce, Carson, Coghill,
192
JOURNAL OP THE SENATE OF VIRGINIA.
Coffman, Dillard, Frazier, Hart, Hunter, Lawson, Marshall, Nash,
Neeson, Newman of Madison, Newman of Mason, Shriver, Stephenson,
Spitler, Wiley and Witten—22.
The'question recurred on the adoption of the said second resolution,
and being put, was determined in the negative, (f<3r want of a constitu¬
tional majority)—ayes 24; noes 16.
The "Vote was recorded as follows :
Ayes—Messrs. Alderson, Branch, Brannon, Bruce, Carson, Coghill,
Coffman, Dillard, Fpazier, Hart, Hunter, Lawson, Bewis, Marshall,
Nash, "Neeson, Newman of Madison, Newman of Mason, Shriver,
Stephenson, Spitler, Taylor, Wiley and Witten—24.
Noes—Messrs. Armstrong, Ball, Christian of Augusta, Christian of
Middlesex, Dickinson, Dulany, Garrison, Graham, Guy, Johnson, Jones,
Keen, Logan, Lynch, Randolph and Tayioe—16.
The question bqjng on the adoption of the third resolution, on motion
of Mr. Johnson, the resolutions were laid on theftable.
Mr. Alderson from the committee on enrolled bills, reported that the
committed had examined sundry such hills and found them correctly
enrolled.
The president then signed them; and Mr. Alderson was instructed to
carry the same to the house of delegates for further signature.
Mr. Johnson offered the following joint resolution which lies over
under the rules; and the rule was suspended on his motion, and the re¬
solution taken up:
Resolved by the general assembly of "Virginia, That the present ses¬
sion be extended to Thursday the 10th instant.
The question being put on the adoption of the resolution, was deter¬
mined in £he negative, (for the want of a three-fifths vote)—ayes 25;
noes 13.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Brannon, Carson, Chris¬
tian of Augusta, Christian of Middlesex, Coghill, Coffman, Dulany,
Garrison, Graham, Guy, Hart, Hqnter, Johnson, Keen, Lewis, Lynch,
Marshall, Nash, Neeson, Newman of Madison, Randolph and Tay¬
ioe—25. 9
Noes—Messrs. Bruce, Dickinson, Dillard, Frazier, "Jones, Logan,
Newman of Mason, Shriver, Stephenson, Spitler, Taylor, 'Wiley and
Witten—13.
On motion of Mr. Newman of Mason, the vote Tby which the resolu¬
tion was rejected was reconsidered; and on motion of Mr. Taylor, the
resolution was laid on the table.
Mr. Newman of Mason, from the joint committee on conscription of
state officers, presented a minority report.
No. 96, A bill to amend and re-enact the fifth section of chapter 53
of the Code, (edition of 1860), in relation to county levies, was read
the third time—when,
Mr. Dulany moved that the senate adjourn, which was refused—ayes
1; noes 31.
On motion of Mr. Taylor, the vote was recorded as follows:
Ayes—Mr. Dulany—-1.
JOURNAL OF THE SENATE OF VIRGINIA.
193
Noes—Messrs. Alderson, Armstrong, Ball, Brannon, Bruce; Carson,
Christian of Augusta, Christian of Middlesex, Coffman, Dickinson, DiD
lard, Frazier, Garrison, Graham, Guy, Hart, Johnson, Jones, Keen,
Lewis, Logan, Lynch, Marshall, Nash, Newman of Madison, Newman
of Mason, Randolph, Spitler, Tayloe, Taylor and \Viley—31.
The question being put on the passage of the bill, was determined in
the affirmative.
The title of the bill was then agreed to.
On motion of Mr. Brannon,
Ordered, That he inform the house of delegates thereof, and request
their concurrence.
A message was received from the house of delegates by Mr. Bouldin,
who informed the senate that that house had passed a bill entitled an
act appropriating the public revenue for the fiscal years 1863-'4 and
1861-5.
A message was received from the house of delegates by Mr. Magru-
der, who informed the senate that that house had passed with amend¬
ments sehate bill entitled an act authorizing an increase of the salaries
of the professors of the University, and providing for the education of
persons disabled by wounds received in the public service.
Mr. Coghill asked for, and obtained leave to introduce
No. 98, An act authorizing county and corporation courts to act
upon militia fines in the hands of collectors of the same, and on claims
against the militia fund, which was taken up, read the first time, and
ordered to be read a- second time.
Mr. Johnson asked for, and obtained leave to introduce
No. 99, A bill to amend the 8th section of chapter 109 of the Code
of Virginia, in relation to divorces, which was taken up$ read the first
time, and ordered to be read a second time.
On motion of Mr. Dickinson, the senate took a recess until eight
o'clock this.evening.
EVENING SESSION.
Friday, March 4, 1864.
No. 115, House bill entitled an act to make Chinch river a lawful
fence through the county of Scott, was taken up, read the third time
and passed.
On motion of Brannon, it was
Ordered* That he communicate the same to the house of delegates.
No. 132, House bill entitled-an act to incorporate the Hardy coal
mining company, was taken up, read the third time and passed.
On motion of Mr. Brannon, it was
Ordered, That he inform the house of delegates thereof.
No. 148, House bill entitled an act to incorporate the Henrico manu¬
facturing company, was taken up, read the third time and passed.
On motion of Mr. Brannon, it was
Ordered, That he inform the house of delegates thereof.
No. 30, House bill entitled an act to provide for the completion of
25
194
JOURNAL OF THE SENATE OF VIRGINIA.
the Covington and Ohio railroad and construct a branch thereof, was
taken up, read the third time, and on motion of Mr. Alderson, laid on
the table.
No. 64,. A bill to provide for the purchase and distribution, among
the people of the state, of cotton, cotton yarns, cotton cloths and hand
cards, was taken up, read the second time and ordered to be engrossed
and read a third time.
No. 93, A bill to authorize the impressment of certain salt wells,
furnaces and other property, was taken up, read the second time, and
on motion of Mr, Coghill, laid on the table.
No. 179, House bill entitled an act appropriating the public revenue
for the fiscal years 1863-4 and 1864-5, was taken up on motion of
Mr. Brannon,and read twice.
The bill contains this phrase, " to pay military expenses hereafter to
be incurred for actual services," &c.
On motion of Mr. Marshall, the word^"for actual services" were
stricken out.
Mr. Frazier submitted the following amendment which was modified
at the suggestion of Mr. Brannon :
After the words "to pay the annuity to the Virginia military insti¬
tute^ $13,500," insert the words " and in addition thereto the sum of
$20,000 to meet deficiency in annual appropriation, subject to the con¬
ditions and limitations of the special act making the said appropriation;"
and the question being put thereon was determined in the affirmative.
The bill as amended was then read the third time, and the question on
" the passage thereof being put, was determined in the affirmative—ayes
35; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Brannon, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Coffman, Dick¬
inson, Dillard, Douglas, Dulany, Frazier, Hart, Hunter, Johpson, Jones,
Keen, Lewis, Logan, Lynch, Marshall, Neeson, Newman of Madison,
Newman ®f Mason, Quesenberry, Randolph, Stephenson, Spitler, iay-
loe, Taylor, "VYiley and Witten—35.
On' motion of Mr. Brannon, it was
Ordered, That he inform the house of delegates thereof and Request
their concurrence in the amendments proposed.
The joint resolution for an extension of the session to the 10th instant,
was taken up on motion of Mr. Stephenson, and the question on the
adoption of the resolution being put, was determined in the affirma¬
tive—ayes 31; noes 7.
The vote was recorded as follows : *
Ayes—Messrs. Alderson, Armstrong, Ball, Brannon, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Coffman, Doug¬
las, Dulany, Frazier, Graham, Guy, Hart, Hunter, Johnson, Jones,
Keen, Lawsoh, Lewis, Logan, Lynch, Marshall, Neeson, Newman of
Madison, Randolph, Shriver, Stephenson and Tayloe—31.
Noes—Messrs. Dickinson, Dillard, Quesenberry, Spitler, Taylor,
Wiley and Witten—.7.
On motion, of Mr. Johnson, it was
JOURNAL OF THE SENATE OF VIRGINIA.
195
Ordered, That he inform the house of delegates thereof and request
their concurrence therein.
No. 48, A bill authorizing an increase of the salaries of the profess¬
ors of the University and providing for the education of persons disa¬
bled by'wounds received in the public service, with the amendments
proposed by the house of delegates, was taken up, and the question on
concurring in the amendments being put, was determined in the affirma¬
tive—ayes 32 ; noes 3.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Bruce, Carson, Christian
of Augusta, Christian of Middlesex, Coghill, Coffman, Dillard, Dulany,
Brazier, Graham, Guy, Hart, Hunter, Jones, Keen, Lawson, Lewis,
Logan, Lynch, Marshall, Neeson, Newman of Mason,.Randolph, Shriver,
Stephenson, Tayloe, Taylor, Wiley and Witten—32.
Noes—Messrs. Douglas, Newman of Madison and Quesenberry—3<
Ordered, That the clerk communicate the same to the house, of dele¬
gates.
On motion of Mr. Johnson, the senate adjourned until to-morrow,
eleven o'clock.
SATURDAY, MARCH 5, 1864.
Prayer by Rev. Dr. Duncan.
A communication from the house of delegates by their clerk, was „
read as follows:
In house of delegates, March 4, 1864.
The house of delegates have passed senate bill entitled an act to
amend and re-enact section 15 of chapter 14 of the Code of Virginia,
(edition of I860,) so as to increase the salary of the printer of the sen¬
ate, No. 79; and an act for the relief of John C. Heiskell, sheriff of
Hampshire county, No. 83.
Mr. Dickinson from the joint committee to prepare an address to the
Virginia soldiers, submitted a report which was read as follows:
Soldiers of Virginia in the armies of the Confederate States:
It is ndw nearly three years since you left your homes and firesides at the
call of your state, to repel the invasion of her soil. Before taking up arms every effort
to obtain the peaceful enjoyment of- your rights under the constitution had been ex¬
hausted, your appeals for justice spurned with contempt, and a war to subjugate our
sister states of the South commenced by Abraham Lincoln. • By this lawless proceeding
the federal administration threw off the mask it had hitherto worn. In such a contest
Virginia could not remain an indifferent spectator. Bound by every tie of blood, sym¬
pathy, common interests and common wrongs to the states against ■whom this hostile
preparation was set on foot, she withdrew at once from an association which no longer
respected a written constitution, and resolved to receive on her own bosom the threat¬
ened shock of invasion. She invoked you to rally to defend your homes, your altars
and your honor; and this appeal was not made in Vain. Promptly and generously you
responded to the call of duty. Most faithfully have you performed it. In your long
and arduous service you have shrunk from no toil, no danger and no sacrifice. During
your absence in the field, your wives and little ones may have suffered want; your
196
JOURNAL OF THE SENATE OF VIRGINIA.
homes been ravaged and the fruits of industry destroyed by a ruthless and barbarous
enemy. But in despite of every temptation you have never looked back. Your eye has
always been fixed on the foe and your ear waiting for the summons to battle.
Amid the toil of the march, the weary watch, the labor, the hunger, the cold, the
privation of the camp, you have never complained, but have always rendered a cheerful
obedience to the state which hoaors and cherishes you with a mother's love?
You have been present in most of the important battles of the war, and in all your
. valor has been conspicuous. It has made you the theme of praise by your heroic com¬
panions from other states, and by the whole civilized world.
Many of your comrades have fallen in battle, or from disease contracted in service,
and been transferred from the roll of life to that of immortality. There are many more
whose mutilated forms attest their honorable devotion to their country. In your pro¬
longed absence-from 'home, your sacrifice of personal interests and of ail the enjoyments
of life, has indeed been great. The war, forced upon us by the malice of a people
whom we had not injured, has entailed upon us all deep sorrow and cruel suffering.
Its unavoidable calamities have been greatly augmented by the refusal of the enemy to
respect the laws of civilized warfare, and by their fiendish attempt to wrest submission
from us by visiting the most relentless barbarities upon women and children, the aged
•and the helpless. But in these very atrocities you will discern the motive, if any were
needed, for continued services and fresh sacrifices.
Virginia takes no step backward. Every consideration of honor, interest, duty and
safety demand that we shall go forward in the grand struggle for human rights and
human liberty, so bravely begun and so manfully maintained.
After all that we have suffered and endured, subjugation or submission to the cruel
foe wo]^ld reduce us to a degree of degradation and misery which has no parallel in the
history of civilization. •
The sacrifices of blood and treasure that we have expended—the memories of the
noble martyrs who have freely given their lives for the achievment of our indep^ideDce,
forbid tba-t we should needlessly throw away what has been already won, in The vain
hope of obtaining peace or security.
Nothing but wretchedness and untold misery await us, if we stop short of the uncon¬
ditional.acknowledgment of our independence. This your valor will surely command.
Men of Virginia! you are soldiers of a renowned commonwealth, whose fame you
have illustrated and borne aloft on every battle field.. "We need not unfold to you the
muniments of your right to self-government. We are assured that you fully compre¬
hend the necessity of a successful assertion of that right; and that you will never lay-
down your arms until you have secured it. Born to an inherit mce of freedpm, you
cannot hesitate to choose between slavery or death. Submission to an enemy who has
exhausted every infamy is not endurable even in thought; but were we base enough to
desire peace upon any terms less than the unqualified recognition of our independence,
self-interest alone would teach us the folly of relying upon the forbearance of a nation
who have shown in every step of the war that their faith is perfidy, and their only policy
is rapine, plunder and oppression. The whole history of our former association with
the Northern states admonishes us that in a common government they will never fail
to employ their power to take away our property. Their present-malice springs chiefly
from baffled cupidity. But for this master passion of their nature, an honorable and
speedy peace would be easy. «!£he war has fully developed all their purposes, and you
now know the fate that awaits you in the event of subjugation. Your liberties will
utterly perish. Your state organization will be blotted out. All your property of every
description will be confiscated, (for all of us have participated in the revolution.) Your
lands will be divided o.ut among the banditti from the North and from Europe, who have
invaded our state. A free negro population will be established in your midst, who will
be your social equals and military governors. Negro guards will at their pleasure give
you passes and .safe conducts, or arrest you to be tried and punished by negro command
dants and magistrates. And to these, yourselves, your wives and children will be me¬
nial laborers and slaves,, except those of you whom the malice of your enemies shall
reserve for the dungeon or the gallows.
Such is the doom denounced for the people of the South by the wicked race now
warring upon us.. But we know it can never be executed. An army of veterans have
resolved that their country shall not be enslaved ; and while their purpose stands the
enemy's designs will continue to be baffled. Among you there is one spirit—that of
eager and resolute determination. ■The temper of the army has reached the people at
home, and inspired them with a fresh courage and a more assured confidence. Every¬
where we see multiplied evidences of energy and enthusiasm. In all the states we find
the resolution to .endure every extremity rather than submit, and with this spirit our
JOURNAL OF TIIB SENATE OF VIRGINIA.
197
people are invincible. The armies are filling up their ranks, and the legislation of
congress has added still further to their numbers and efficiency. Those citizens who
remain at home to carry on the industrial pursuits essential to th$ support of the
army will see to it that you shall not want for food while you are exposing your lives
to protect their property and 'homes from rapine. The defence of the country has
become its business, and every citizen is required to contribute to it in his proper sphere.
The general assembly of the commonwealth has taken steps to aid those families of her
soldiers who may be in want, and it will not fail to do all in its power to provide .for
and cherish'them. They have authorized and directed the purchase or impressment of
unlimited supplies for their maintenance; appropriated one million dollars for the re¬
lief of such as are within the lines of the enemy, and half a million as a hospital fund
for the sick and wounded. An organized agency of the state distributes the volunteer
contributions of patriotic citizens. Individually and collectively, in county, city and
state organizations, the people with one accord are determined to feed, clothe, sustain
and cherish the army.
On the other hand, your enemies are appalled by the magnitude of the task before
them. The loud boastings which a few weeks since they so freely uttered have been
silenced by your unanimous re-enlistment, and the stern and resolute bearing of the
South. Dissensions exist among them. Eager to possess the spoils of their corrupt
and profligate government, they hate each other nearly as much as they do us. The
war is no longer popular. The rich are allowed to buy an exemption, and thus cast all
the burden and risk upon the poor. The laboring classes have already revolted against
the draft. To escape its odium enormous bounties have been offered to volunteers; but
all these expedients have failed, and again a heavy draft has been ordered.. The
armies of the enemy are every day diminishing, and "it is evident they cannot recruit
them to the numbers with which they began the struggle. A large and growing party
are for peace. A still larger party have discovered that the war has so far only served
to entail upon themselves a despotism which tramples down every public and private
right. They feel and acknowledge that they are the slaves of one whose character has
made hin^odious to the world. Torn by party and personal strife, and conscious of the
impotence of their scheme of conquest, the ranks of your enemies are already begin¬
ning to waver. One more resolute effort, and the day is ours. God will strengthen
your arms in the hour of battle and give his blessing to a just cause. Independence
and peace will be conceded by your enemies, and yo.u, the defenders of the common¬
wealth, may return to your homes to receive the welcome due to the brave, and to
enjoy those honors which will grow brighter'as your years shall be prolonged.
A. D. Dickinson, Ch'n,
A. J, Marshall,
Andrew Hunter,
Senate Committee.
B. H. Shackelford, Ch'n,
R. W. Hunter,
F. B. Deane,
A. C. Cummings,
R. H. Baker,
House Committee.
The question on the adoption of the report being put was determined
in the affirmative.
On motion of Mr. Dickinson, it was
Ordered, Tlut he communicate the same to the house of delegates,
and request their concurrence therein.
No. 90, A bill amending the 5th section of the act passed 30th March
1863, entitled an act to provide for the production and distribution of
salt, was taken up, read the second time, and ordered to be engrossed
and read a third time.
No. 92, A bill to prohibit the granting of ordinary license at certain
specified places in the commonwealth, was taken up and read the second
time. Thereupon,
Mr. Keen moved to amend the bill by striking out the first section,
198
JOURNAL OP THE SENATE OF VIRGINIA.
and the question being put thereon, was determined in the negative.
Thereupon,
An unsuccessful motion was made by Mr. Hunter to lay the bill on
the table.
On motion of Mr. Johnson, the secoiid section was amended by add¬
ing the words "and the court before which a conviction shall be had,
shall take such steps as it may deem proper for the confiscation and sale
of the property forfeited by this act."
The bill as amended was then ordered to be engrossed and read a
third time.
A message was received from the house of delegates by. Mr. Deane,
who informed the senate that that house had agreed to the resolution of
the senate for an extension of. the session to March 10th.
On motion of Mr. Jones, the vote by which the second resolution of
the joint committee on salt was rejected was reconsidered. Thereupon,
Mr. Johnson submitted the following amendment by way of a substi¬
tute for said resolution:
To this end that the works and property now in the possession of the
■state by contract with Stuart, Buchanan & Co. be impressed, to be held
by the state for the term of from the termination of the
present lease, and that a joint committee, consisting of three on the
part of the senate and five on the part of the house, be appointed, with
instructions to report a bill for the impressment of the same^and to
provide for the impressment by the board of supervisors of other fur¬
naces and property if they shall be satisfied it is necessary to provide
the people of the state with an adequate supply of salt, and to further
provide in said bill for the regulation and control of the transportation
so as to secure, as far as possible, adequate transportation of supplies
and salt for the state. But the board of supervisors may elect to supply
any deficiency of salt by contract, instead of impressment; provided,
it can be obtained at a price not exceeding the cost of making salt by
the state. Pending which,
On motion of Mr. Stephenson, the resolution was laid on the table
and made the order at half-past one o'clock to-day.
No. 95, A -bill forfeiting the lands of alien enemies and transferring
the same to loyal claimants holding title under fhe commonwealth, was
taken up and read the second time. Thereupon,
Mr. Armstrong moved to amend the same by striking out the second
section.
Mr. Lawson moved to refer the resolution to a select committee.
Mr. Carson moved its indefinite postponement.
On motion of Mr. Hunter, the resolution was laid on the table.
No. 60, House bill entitled an act to amend the first section of an
act passed April 12th, 1852, entitled an act to authorize the construc¬
tion of the Wytheville and Grayson turnpike, and to- make branches
thereof to the lead mines of Wythe county and Hillsboro', in Grayson
county, was taken up on motion of Mr. Taylor, and the question on the
passage thereof being put, was determined in the affirmative—ayes 26;
noes 12.
The vote was recorded as follows;
JOURNAL OF THE SENATE OF VIRGINIA.
190
Ayes—Messrs. Alderson, Braiinon, Carson, Christian* of Augusta,
Christian of Middlesex, Coffman, Dillard, Graham, Grice, Guy, John¬
son, Jones, Keen, Lawson, Lynch, Marshall, Neeson, Newlon, New¬
man of Mason, Quesenberry, Randolph, Shriver, Stephenson, Taylor-
Wiley and Witten—26.
Noes—Messrs. Ball, Bruce, Coghill, Dulany, Garrison, Hart, Hunter,
Lewis, Logan, Newman of Madison, Spitler and Tayloe—12.
On motion of Mr. Taylor, it was
Ordered, That he inform the house of delegates thereof.
The hour of half-past one having arrived, the resolution of the joint
committee on salt was taken up on motion of Mr. Alderson, and the
question being on the adoption of the substitute submitted. by Mr.
Johnson,
Mr. Coghill moved to amend the second resolution by adding at the
end thereof the words "and the general assembly will at the present
session provide just compensation for any private property to be taken
t under this resolution," which was agreed to.
The question recurring on the adoption of the substitute, and being
put, was determined in the negative—ayes 19; noes 23.
The vote was recorded as follows :
Ayes—Messrs. Armstrong, Ball, Christian of Augusta, Christian of
Middlesex, Dickinson," Dulany, Garrison, Graham, Guy, Johnson, Jones,
Keen, Lewis, Logan, Lynch, Quesenben-y, Randolph, Tayloe and Tay¬
lor—19.
Noes—Messrs. Alderson, Branch, Brannon, Bruce, Cbghill, Coffman,
Dillard, Douglas, Brazier, Grice, Hart, Hunter, Lawson, Marshall,
Nash, Neeson, Newlon, Newman of Madison, Newman of Mason, Shri-
ver, Stephenson, Spitler and Witten—23.
The question recurring on the second resolution as amended, and
being put, was determined in the affirmative—ayes 27; noes 17.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Branch, Bran'non, Bruce, Carson, Coghill,
Coffman, Dillard, Douglas, Brazier, Grice, Hart,.Hunter, Lawson, Lewis,
Marshall, Naslq Neeson, Newlon, Newman of Madison, Newman of
Mason, Shriver, Stephenson, Spitler, Taylor, Wiley and Witten—27.
Noes—Messrs. Armstrong, Ball, Christian of Augusta, Christian of
Middlesex, Dickinson, Dulany, Garrison, Graham, Guy, Johnson, Jones,
Keen, Logan*, Lynch, Quesenberry, Randolph and Tayloe—17.
The third resolution was then agreed to.
On motion of Mr. Coghill, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence therein.
Mr. Marshall moved that the senate take a recess till eight o'clock
this evening. Thereupon,
On motion of Mr. Quesenberry, the senate adjourned until Monday,
eleven o'clock—ayes 22; noes 18.
On motion of Mr. Brazier, the vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Ball, Bruce, Christian of Augus¬
ta, Christian of Middlesex, Dickinson, Dillard, Douglas, Dulany, Gar¬
rison, Grice, Guy, Hunter, Johnson, Keen, Lawson, Logan, Lynch,
Nash, Quesenberry and Randolph—22.
200
JOURNAL OF THE SENATE OF VIRGINIA.
Noes—Messrs. Brannon, Carson, Coghill, Coffman, Brazier, Hart,
Jones, Lewis, Marshall, Neeson, Newlon, Newman of Madison, Newman
of Mason, Shriver, Spitler, Tayloe, Taylor and Wiley—18.
MONDAY, MARCH 7, 1864.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, March 5, 1864.
The house of delegates have passed senate bills entitled an act to
amend and re-enact the 5th section of chapter 58 of the Code, (edition
of I860,) in relation to county levies, No. 96 ; and an act to amend and1
re-enact an act authorizing the court of appeals to hold its sessions at
other places than at Lewisburg, passed March 12th, 1863, No. 28.
On motion of Mr. Hart,
Resolved, That the sergeant at arms of the senate be directed to ap¬
ply to the provost marshal of this city for passports for the members
and officers of this body.
On motion of Mr. Lynch,
Resolved, That the committee on banks enquire what legislation is
necessary to do justice between the banks of this commonwealth and
their depositors under the operation a^d requirements of the act lately
passed by the confederate congress, commonly called the currency act.
Mr. Tayloe offered the following joint resolution, which lies over under
the rules:
Resolved by the general assembly, That the auditor of public ac¬
counts give instructions to the commissioners of the revenue in the seve¬
ral counties of the commonwealth, to make out and return to his office
detailed statements, in such statistical form as he shall prescribe, of the
losses of slaves and other property, personal and real; also, churches,
court-houses, records, and other public property, sustained by the citi¬
zens thereof, from the commencement of the exi#ting war to the 1st of
July 1864, specifying the losses in each fiscal year, and the value thereof
at the prevailing prices of 1860 ; and showing the productions of agri¬
culture in those fiscal years, compared with said products in the year
preceding the existing war, and that the auditor lay the details so ob¬
tained before the general assembly at its next session.
On motion of Mi\ Tayloe, (the rules being suspended therefor,) the
resolution was taken up and agreed to. '
On motion of Mr. Tayloe, it was
Ordered, That he communicate the same to the house of delegates,
and request their concurrence therein.
No. 64, A bill to provide for the purchase and distribution among
the people of the state of cotton, cotton yarns, cotton cloths and hand-
cards, was taken up and read the third time. Thereupon,
On motion of Mr. Guy, the blank in the first section was filled with
the words "one hundred thousand dollars."
JOURNAL OF THE SENATE OF VIRGINIA.
201
On motion of Mr. Lynch, (by universal consent,) the commencement
clause was amended by adding at the end thereof the words "and shall
continue in force during the present war."
Mr. Guy moved to fill the 1st blank in the 4th section with the words
" one million."
Mr. Lynch moved to fill said blank with "five hundred thousand."
The question being put on the motion to fill with " one million" was
determined in the negative.-
The question recurring and b'eing put on the motion to fill with " five
hundred thousand" was determined in the affirmative.
Mr. Guy moved to 'fill the second blank in the 4th section with the
words "five hundred thousand."
Mr. Johnson moved to fill said blank with "two hundred thousand."
Mr. Lynch moved to fill with "three hundred thousand."
The question being put on the motion to fill with "five hundred thou¬
sand," was determined in the negative.
The question recurring and being put on the motion to fill with "three
hundred thousand," was determined in,the affirmative.
The question on the passage of the bill being put, was determined in
the affirmative—ayes 30; noes 3.
The vote was recorded as follows:
Ayes—Messrs. Ball, Brannon, Bruce, Coffman, Dickinson, Dillard,
Dulany, Frazier, Garnett, Graham, Grice, Guy, Hart, Hunter, Johnson,-
Jones, Keen, Lawson, Lewis, Lynch, Marshall, Newman of Madison,
Newman of Mason, Quesenberry, Shriver, Stephenson, Spitler, Tayloe,-
Wiley and Witten—30.
Noes—Messrs. Carson, Logan and Newlon—3.
Tlie title of the bill was then agreed to.
On motion of Mr. Lynch, it was
Ordered, That Mr. Guy communicate the same to the house of dele¬
gates and request their concurrence therein.
A message Was received from the house of delegates by Mr. Robert¬
son, who infornied the senate that that house had adopted a joint reso¬
lution recommitting the report of the joint committee to prepare an ad¬
dress to the Virginia soldiers, &c., to said committee, with instructions
to embody, therein a proper reference to the recent raid upon this city,'
and that said committee be authorized to have said address printed for
the use of members.
A message was received from the house of delegates by Mr. Bouldin,-
wlio. informed the senate that that house had agreed to the first amend¬
ment of the senate to house bill entitled an act appropriating the public
revenue for the fiscal years 1803-^4 and 1864—'5, No. 179, and had
agreed to the second amendment of senate to said bill, with an amend¬
ment.
No. 90, A bill amending the 5th section of'an act passed 30th March
1863, entitled an act to provide for the production and distribution of
salt, was taken up, read the third time, and on motion of Mr. Coghill,
laid on the table.
No. 93, A bill to authorize the impressment of certain salt wells,
furnaces and other property, was taken up on motion of Mr. Coghill.
202
JOURNAL OP THE SENATE OP VIRGINIA.
The 1st, 2d and 3d sections of the hill were amended on motions of
Mr. Coghill.
Mr. Johnson moved to amend the 5th section by adding at the end
thereof the words "but if the owner of the land shall allege that the
impressment of the standing wood will materially injure the value of the
freehold, he shall have the right of appeal to the county court of the
county in which the said lands lie, and the said court shall summarily ■
determine how much and to what extent the standing wood may be im¬
pressed."
Mr. Coghill offered a substitute for the amendment in these words:
"But nb impressment shall be made if thereby the number of acres .of
wood land be reduced to a less proportion than of the whole tract
from which the standing wood is proposed to be impressed," which was
agreed to.
Mr. Lynch moved to fill the blank in the substitute with the words
"one-third."
Mr. Coghill moved to fill the said blank with "one-fifth."
The question on filling the blank with "one-third" being put, was
determined in the negative—ayes 13; noes 22.
On motion of Mr. Lynch, the vote was recorded as follows:
Ayes—Messrs. Armstrong, Ball, Brannon,. Christian of Augusta,
Dickinson, Graham, Guy, Johnson, Jones, Keen, Lynch and Tay-
loe—13.
Noes—Messrs. Alderson, Bruce, Carson, Coghill, Coffman, Dillard,
Brazier, GarAett, Grice, Hart, Hunter, Lawson, Marshall, Nash, New-
Ion, Newman of Madison, Newman of Mason, Shriver, Stephenson,
"Spitler, Wiley and Witten—22.
Thereupon,
Mr. Christian of Augusta, moved to fill the blank with the words
"one-fourth," which wTas rejected.
The question recurring and being put on the motion to fill the blank
with the words "one-fifth," was determined in the affirmative. .
The question recurring on the-amendment as amended, and being put,
was determined in the negative. Thereupon,
Mr. Hunter moved to amend the 5th section of the bill by the addi¬
tion of the following proviso :
"Provided, however, that in making such impressments there shall
be left on each farm at least one-fifth of the whole number of acres in
the tract in standing timber of average quality and value."
Mr. Armstrong moved to amend the amendment by adding thereto
the words : "If any one whose standing wood is impressed shall allege
that such wood is necessary'to his owg use, and cannot be taken with¬
out materially injuring his premises, the said party shall appoint one
disinterested individual, and "the board of supervisors or the superinten¬
dent one, and they two a third, who shall decide vdiether such wood is
necessary for thb use of the owner, or will materially impair the value
of said land, then said wood shall not be impressed."
And the question being put thereon, was determined in the negative—
ayes 11; noes 21.
On motion of Mr. Guy, the vote was recorded as follows:
JOURNAL OF THE SENATE OF VIRGINIA.
203
Ayes—Messrs. Armstrong, Ball, Dickinson, Graham, Guy, Johnson,
Jones, Keen, Lynch, Mahone and Quesenberry—11.
Noes—Messrs. Alderson, Brannon, Carson, Coghill, Coffman, Dil-
lard, Frazicr, Garnett, Grice, Hart, Hunter, Lawson, Marshall, Nash,
Newlon, Newman of Madison, Newman of'Mason, Shriver, Stephen¬
son, Spitler -and Wiley—21.
The question recurring on the • amendment proposed by Mr. Hunter,
and being put, was determined in the affirmative.
Mr. Coghill moved to amend the bill by inserting the following as an
independent section:
"Sec. 8. The board of supervisors are. hereby authorized to supply
salt to the army of the Confederate States on such terms as may be
agreed on between the secretary of war and said board."
And the question being put thereon, was determined in the affirma¬
tive.
Mr. Coghill moved further to amend the bill by adding the following
as an independent section.:
" Sec.- 9. The sum of millions of dollars is hereby appropriated
to carry into effect the provisions of this act, to be paid out of any
money in the treasury not otherwise appropriated, and such additional
sums are hereby appropriated as may be- paid into the treasury from
time to time from the proceeds of the sale of salt, or so much thereof
as may be necessary for the purposes of this act." , '
And the question being put thereon, was determined in the affirma¬
tive.
Mr. Marshall moved as a further amendment, the insertion of the foD
lowing as an independent section:
"Sec. 7. The board of supervisors shall have plenary power at their
discretion to procure transportation from other roads by hiring engines
or cars and placing them on the Virginia and Tennessee railroad, and
using the same for transportation of salt or of wood for the manufac¬
ture of salt."
And. the question being put tliefeon, was determined in the affirmative.
Mr. Guy moved to strike out the 5th section of the bill, and the ques¬
tion being' put thereon, was determined in the negative—ayes 9; noes 28.
On motion of Mr. Guy, the vote was recorded as follows:
Ayes—Messrs. Armstrong, Ball, Christian of Augusta, Guy, John¬
son, Jones, Keen, Logan and Quesenberry;—9.
Noes—Messrs. Alderson, Brannan, Bruce, Carson, Coghill, Coffman,
Dickinson, Dillard, Frazicr, Garnett, Grice, Hart, Hunter, Lawson,
Lewis, Lyndli, Marshall, Nash, Neeson, Newlon, Newman of Madison,
Newman of Mason, Shriver, Stephenson, Spitler, Tayloe, Wiley and
Vitten—28.
Mr. Armstrong moved to strike out, in the 21st line of 1st section,
the words "dwelling houses," and the question being put thereon was
determined in the negative—ayes 16; noes 22.
On motion of Mr. Johnson, the vote was recorded as'follows:
A'yes—Messrs. Armstrong, Ball, Christian of Augusta, Dickinson,
Graham, Grice, Guy, Johnson, Jones, Keen, Lewis, Logan, Lynch,
Nash, Quesenberry and Tayloe—10.
204
JOURNAL OF THE SENATE OF VIRGINIA.
Noes—Messrs. Alderson, Bfbnnon, Bruce, Carson, Coghill, Coffman,
Dillard, Frazier, Garnett,, Hart, Hunter, Lawson,' Marshall, Neeson,
Newlon, Newman of Madison, Newman of Mason, Sliriver, Stephenson,
Spitler, W"iley and Witten—22.
On motion of Mr. Coghill, the 1st section was amended in the 21st
line by striking out the word "such" and inserting in lieu thereof the
word the," and striking; out the word "houses" and inserting; after
' o o
the word "dwelling" the words "houses recently occupied by "Williams
& Leonard, the dwelling hous% at the river works now occupied by J.
N. Clarkson, such negro houses—"
Mr. Guy moved further to amend the bill by inserting the following
as an independent section: .
"But no impressment under this act shall be made of any wagons,
harness, horses and mules, sacks, provisions., forage or supplies, which
any person may have laid in or may hold and need for his own actual
use, or which may be in transitu to market."
And the question being put thereon, was determined in the negative—
ayes 11; noes 24.
On motion of Mr. Guy, the vote was recorded- as follows :
Ayes—Messrs. Armstrong, Ball, Christian of Augusta, Graham,
Guy, Johnson, Jones, Keen, Lewis, Logan and Tavloe—11.
i Noes—Messrs. Alderson, Brannon, Carson, Coghill, Coffman, Dillard,
Frazier, Garnett, Grice, Hart, Hunter, Lawson, Marshall, Nash, Nee-
eon, Newlon, Newman of Madison, Newman of Mason, Quesenberry,
Sliriver, Stephenson, Spitler, "Wiley and "Witten—24.
On motions of Mr. Coghill the 4th and 5th sections were further
amended.
The bill as amended, was then ordered to be engrossed and read a
third time.
No. 97, .A bill authorizing county and corporation courts to ratify
and confirm the issue and sale of bonds and other secureties in certain
cases, was taken up on motion of Mr. Keen, read the second, time and
ordered to be engrossed and read a third time.
Mr. Marshall moved to take up the following bill:
No. 80, House bill entitled an act to provide for the completion of
the Covington and Ohio railroad and construct a branch thereof, and
the question being put thereon resulted, on division—ayes 8; noes 15,
po quorum voting. Thereupon,
On motion of Mr. Johnson, the senate adjourned until to-morrow,
pleven o'clock.
TUESDAY, MARCH 8, 1804.
No. 179, House bill entitled an act appropriating the public revenue
for the fiscal years 1863—'4 and 1864—'5, with the amendment of the
house to the second amendment of the senate, to said bill, was taken
up, and the amendment agreed to.
JOURNAL OF THE SENATE OE VIRGINIA.
205
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Joint resolution 'from the house of delegates recommitting report of
oint committee to prepare an address to Virginia soldiers to said com-
nittee with instructions, was taken up and concurred in.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
A communication from the house of delegates by- their clerk, wfs
:ead as follows:
In house of delegates, March 7, 1864.
. The house of delegates have agreed to the amendment proposed by
the senate to house bill entitled an act to amend the first section of an
act passed April 12th, 1852, entitled an act to authorize the construc¬
tion of the Wytheville and Grayson turnpike, and to. make branches
thereof to the lead mines of Wythe county and Hillsville in Grayson
county, No. 60/
They have passed a bill entitled an act to authorize sheriffs to sum¬
mon the posse comitatus in certain cases, No. 174 ; and an act to author¬
ize the governor to lease a portion of land adjoining the armory, No. 95.
They have agreed' to a joint resolution instructing the attorney gene¬
ral to perpetuate the testimony in the case of the recent raid.
They have agreed to the joint resolutions in relation to the impress¬
ment of certain property at Saltville.
In which bills and resolution they request the concurrence of the
senate.
No.* 95, House bill entitled an act to authorize the governor to lease
a portion of land adjoining the ^j'mory, was twice read, and on motion
of Mr. Nash, (the rules being suspended therefor,) was read the third
time. Thereupon,
Mr. Armstrong made an unsuccessful motion to lay the bill on the table.
The question on the passage of the bill being put, was determined in
the affirmative—ayes 32; noes 1.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Brannon, Bruce, Carson, Coghill,
Coffman, Dillard, Douglas, Frazier, Garnett, Garrison, Guy, Hart,
Hunter, Johnson, Keen, Lawson, Logan, Lynch, Nash, Neeson, New-
Ion, Newman of Madison,'Newman of Mason, Quesenberry, Shriver,
Stephenson, Spitler, Tayloe, Wiley and Wittgn—32.
Noes—Mr. Branch—1.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
No. 174, House bill entitled an act to authorize sheriffs to summon
the posse comitatus to aid in enforcing impressments in certain cases,
was twice read, and on motion of Mr. Hart, (the rule being suspended
therefor,) was read the third time and passed.
Ordered, That the clerk communicate the same to the house of dele¬
gates.
Joint resolution in relation to perpetuating testimony, was taken up
and concurred in.
206
JOURNAL OF THE SENATE OF VIRGINIA.
Mr. Alder.son from the committee on enrolled bills, reported sundry
such bills, 'which being found correctly enrolled, were signed by the
president. '
On motion of Mr. Alderson, it was
Ordered,- That he communicate the same to the house of delegates
for further signature.
Mr. Coghill from the committee for courts of justice, reported with¬
out amendment,
No. 153, House bill entitled an act to amend and re-enact the 11th
section of the 208th chapter of the Code of Virginia, (edition of I860,)
as amended and re-enacted by an act entitled an act to amend and re-
enrTct sect-ion 11 of chapter 208 of the Code of Virginia, passed Octo¬
ber 30th, 1863, concerning jurors in criminal cases.
Mr. Coghill asked for, and obtained leave to introduce
No. 100, A bill authorizing the board of supervisors of salt to deter¬
mine with John N. Clarkson the hires of his'slaves, &c., which was read
the first time and ordered to be read a second time ~ and on motion of
Mr. Coghill, (two-thirds concurring,) was read the second time, and on
his further motion, laid on the table.
Mr. Grice offered the following preamble and joint resolution, which
lies over under the rules :
Whereas, the general assembly of Virginia have leaimed that the
Rev. George M. Bain, cashier of the Portsmouth saving fund society,
and William H. II. Hodges, cashier of the Merchants and Mechanics
savings bank, citizens of Portsmouth, Virginia, the first named being
over sixty years of age, and the other a cripple, have been arrested and
sentenced to hard labor at Hatteras, North Carolina, by order of Major-
general Butler or some other officer of the federal government, for al¬
leged fraudulent disposal of the funds of their respective banks, and
that the Rev. John H. Wingfield, rector of Trinity Episcopal church,
Portsmouth, had been put to hard labor on the public streets of that
city, with a ball and chain to his leg, because he refused to renounce
his allegiance to this, his native state; therefore,
Be it resolved by the general assembly, That the governor of the
commonwealth be, and he is hereby requested to invite the attention of
the confederate government to the arrest and sentence of these three
worthy citizens of this state,- and to respectfully ask that the facts may
be investigated, and if found as stated and believed, that three citizens
of the federal states, if there be such in the hands of the confederate
authorities, be held at hard labor as hostages for these three citizens of
Virginia; and if none, that three federal officers be placed at hard labor,
one with ball and chain, on the public streets, and held as hostages for
Messrs. Bain, Hodges and Wingfield.
On motion of Mr. Grice, (the rules being suspended therefor,) the
resolution was taken up and unanimously agreed to.
On motion of- Mr. Grice, it was
Ordered, That he inform the house off delegates thereof and request
their concurrence therein.
A message was received from the house of delegates by Mr. Bur-
well, who informed the senate that that house had passed senate bill en-
JOURNAL 'OP THE SENATE OP VIRGINIA.
207
titled an act to provide for the purchase and distribution among the
people of the state, of cotton, cotton yarns, cotton cloths and hand-
cards, with sundry amendments, in which they request, the concurrence
of the senate.
On motion of Mr. Frazier,
Resolved, That the senate will take a recess at three o'clock to-day
until eight o'clock this evening.
A message was received from the house of delegates by Mr. Brooks,
who informed the senate that that house had passed senate bill entitled
an act to authorize the impressment of certain salt works, furnaces and
other property, No. 93.
On motion of Mr. Dickinson, ii; was
Ordered, That he communicate all the bills and resolutions passed
this morning to the house of delegates.
No. 30, House bill entitled an act to provide for the completion of
the Covington and Ohio railroad, being the unfinished business of yester¬
day, was taken up, find on motion of Mr. Coghill, laid on the table.
No. 93, A bill to authorize the impressment of certain salt wells,,
furnaces and other property, was taken up on motion of Mr. Coghill
and read the third time. Thereupon,
On motions of Mr. Coghill, the first blank was filled with " ten" and
the second blank with "two."
The question on the passage of the bill being put, was determined in
the affirmative—ayes 27 ; noes 14.
The vole was recorded as follows :
Ayes—Messrs. Alderson, Branch, Brannon, Bruce, Carson, Coghill,
Coffman, Dillard, Douglas, Frazier, Garnett, Garrison, Grice, Hart*
Hunter, Lawson, Marshall, Nash, Neeson, Newlon, Newman of Madi¬
son, Newnfan of Mason, Shriver, Stephenson, Spitler, Wiley and Wit-
ten—27.
Noes—Messrs.-Armstrong, Ball, Christian of Augusta, Dulany, Guy,
Johnson, Jones, Keen, Logan, Lynch, Mahone, Quesenberry, Ran¬
dolph and Tayloe—-14.
The title of the bill was then agreed to.
On motion of Mr. Coghill, it was
Ordered, That he communicate the same to the house of delegates
and request their concurrence therein.
The report of the joint committee on the conscription of state officers
bjr the confederate government, was taken up on motion of Mr. Arm¬
strong. Thereupon,
Mr. Armstrong moved to amend the resolution in respect to the legis¬
lative department,.by inserting after the word "clerk" the words "and
assistant clerk.".
Mr. Douglas moved to amend the amendment by striking out all after
the word "assembly" and inserting in lieu thereof the words "and their
officers," which was agreed to, and the question on the amendment as
amended being put, was determined in the affirmative.
Mr. Dulany moved to strike out the Avords "members of both houses
of the general assembly and", and the question bffing put thereon, Ayas
determined in the negative—ayes 1; noes 35.
208
journal of the senate of -virginia.
On motion of Mr. 'Dulany, tlie vote was recorded as follows:
Ayes—Mr. Dnlany—1.
Noes—Messrs. Alderson, Armstrong, Ball, Branch, Brannon, (Larson)
Christian of Augusta, Coghill, Coffman, Dickinson, Douglas, Crazier,
Garnett, Garrison, Grice, Guy, Hart, Hunter, Johnson, Jones, Keen,
Lawson, Logan, Lynch, Marshall, Neeson, Newlon^ Newman of Madison,
Newman of Mason, Randolph, Shriver, Stephenson, Tayloe, Wiley and
Witten—85.
Mr. Armstrong mo^ed to amend the resolution in respect to the ex¬
ecutive department by striking out the words "colonel of ordnance"
and inserting in lieu thereof the words "officers andmep of the ordnance
department," and the question being put thereon, was determined in the
affirmative.
Mr. Dulany moved further to amend by inserting after "surveyor for
each county" the words "constables and, overseers of the poor", which
was rejected. Thereupon,
Mr. Lynch moved to amend by striking- out the words "-one surveyor
for each county and," which was agreed to.
Mr. Lynch moved further to amend this clause by adding at the end
thereof the following:
"Provided, That all the clerks and assistants between the ages of
eighteen and forty-five years, exenipted in this and the preceding reso¬
lution, shall not be entitled to exemption unless the person authorized
by law to employ such clerk or assistant, shall first certify that they are
absolutely necessary for the performance of the duties assigned them,
and that he does not believe he can procure the services of any person
*or persons qualified to discharge the duties assigned them respectively,
not liable to military duty."
Pending the consideration of which, the hour of three o'clock having
arrived, the senate took a recess until eight o'clock.
EVENING SESSION.
Tuesday, March 8, 1861.
The report of the joint committee relative to conscription of state
officers by the confederate government, being the unfinished business of
this morning, was taken up.
The pending question being on the motion submitted by Mr. Lynch
to amend the clause relative to the executive department, Mr. Lynch
withdrew the same. Thereupon,
On motion of Mr. Newman of Mason, the vote by which the amend¬
ment, inserting "officers and men of the ordnance department," was
adopted, was reconsidered, and on hie further motion,^ the same was
amended so as to read " commissioned officers and necessary artificers
of the ordnance department, certified as such by the colonel of the
ordnance department."
Mr. Grice moved to amend the clause relative to the judiciary de¬
partment, by inserting after "justices of the peace" the words "over
JOURNAL OP THE SENATE OP VIRGINIA.
209
forty-five years of Rge," and the question being put thereon, was de¬
termined in the negative—ayes 12 ; noes 21.
• Ayes—Messrs. Brannon, Carson, Dickinson, Dulanv, Frazier, Grice,
Hunter, Jones, Lewis, Newlon, Newman of Madison, and Tayloe—12.
Noes—Messrs. Alderson, Armstrong, Ball, Christian of Augusta,
Christian of Middlesex, Coghill, Coffman, Douglas, Guy, Hart, John¬
son, Keen, Lawson, Logan, Lynch, Marshall, Nash, Neeson, Quesen-
berry, Stephenson and Sutler—21.
Mr. Christian of Augusta, m®ved to amend by inserting after the
words "Confederate States" "the words? "and one commissioner in
chancery in each bounty for which the circuit judge thereof may certify
one to be indispensableand the question beifig put thereon, was de¬
termined in the negative. *
Mr. Nash moved to amend by inserting after the words " Confederate
States" the words?: " and one deputy sheriff from each county, and one
deputy clerk where there is only one clerk to both courts".
Mr. Dulany moved to amend the amendment by adding thereto the
words: " overseers of roads, keepers of toll gates and ferries, ordinary
keepers and owners and proprietors of mills," and the question being
put thereon, was determined in the negative, on division—ayes 6;
noes 24.
The question recurring on the amendment submitted by Mr. Nash,
Mr. Coghill moved to amend the amendment by inserting after " de¬
puty sheriff" the words: "who was in office on the 1st of January
1864," which was accepted by .Mr. Nash. ^
Mr. Keen moved to amend the amendment proposed by Mr. Nash, by
striking out the words "one deputy clerk where there is only one clerk
to both courts," and inserting the words " one deputy clerk of each
county court". Thereupon,
The amendment to the amendment and the amendment were with¬
drawn by Messrs. Keen and Nash—when
, Mr. Dickinson made an unsuccessful motion to lay the report on the
table. '
On motion of Mr. Armstrong, the clause relative to public establish¬
ments was amended by inserting after the words "superintendents of"
in the second line, the words "the public hospitals".
On motion of Mr. Hart, this clause was fur ther amended by inserting
before the words "the superintendent" in the first line, the words, the
"professors and officers of the University of Virginia and the".
Mr. Lynch moved further to amend tins clause by adding at the end
thereof the words : "provided that all the clerks and assistants, between
the ages of eighteen and forty-five years, embraced in the foregoing
clauses, shall not be entitled to exemption unless the person authorized
by law to employ such clerk or assistant shall first certify that they are
absolutely necessary for the performance of the duties assigned them,
and that he does not believe he can procure the services of any person
or persons qualified to discharge the duties assigned them respectively,
not liable to military service," and the question being put thereon, wras
determined in the affirmative—ayes 18 ; noes 13.
On motion of Mr. Keen, the vote was recorded as folldfcts :
27
210
JOURNAL .OF THE SENATE OF VIRGINIA.
Ayes—Messrs. Bruce, Cogbill, Dickinson, Douglas, Frazier, Grice,
Guy, Hart, Hunter, Johnson, Jones, Lewis, Logan, Lynch, Newlon,
Newman of Madison, Quesenberry and Tayloe—18.
Noes—Messrs. Alderson, Armstrong, Ball, Carson, Christian of Midr
dlesex, Coffman, Dulany, Keen, Marshall, Nash, Neeson, Newman of
Mason, and Shriver—18.
Thereupon, on* motion of Mr. Grice, the report was laid on the table.
A message was received from the house of delegates by Mr. Shack¬
elford, who informed the senate that <that house had adopted a joint
resolution fixing a day for the election of superintendent of salt works,
and had passed the following hills: *
No. 106, House hill entitled an act to sanction aild authenticate and
give authority to thfe Code of Virginia, edition of 1860.
No. 139, House bill entitled an act to amend and re-enact the 2nd
section of chapter 7 of the Code of Virginia, relating to the election of
judges; and
No. 171, House hill, entitled an act to prevent the destruction of en¬
closures and private property on public highways.
A message was received from the house of delegates by Mr. Brooke,
who informed the senate that that house had passed the following bills:
No. 90, House bill, entitled an act refunding to Peter Engleman,
part of a license tax paid by him ; and
No. 165, House bill entitled an act authorizing the payment of a
sum of money to William J. Morgan, for a slave condemned to be hung.
A message was received from the house of delegates, by Mr. Bouldin,
who informed the senate that that house had passed house bill entitled
an act amending and re-enacting section 2 of chapter 12 of the Code of
Virginia, so as to authorize the employment by the confederate govern¬
ment of the collectors of taxes and commissioners of the revenue.
Mr. Coghill asked for, and obtained leave to introduce
No. 101, A bill to amend the 5th section of the act to provide for
the production and distribution of salt, passed March 30th, 1863, which
was taken up, read the first time and ordered to be read a second time.
Mr. Dickinson, from the joint committee to prepare an address to
Virginia soldiers, reported the following amendments to the address,
which were agreed to :
Third page, 13th line, after "helpless", insert:
Unbridled license has been given to their cupidity ; untold millions of property have
been wantonly destroyed by their malice, or swelled the coffers of the pampered vil¬
lains, who, unwhipped of justice, have been openly rewarded and promoted for their
crimes.
Aged and unoffending men have been dragged from their beds to dreary prisons and
solitary labor. Refined and virtuous women have been brutally insulted; and manacled
by rude, unfeeling soldiery, have been led captive from their homes as hostages for
negroes. -
Farms have been desolated, dwellings laid in ashes, unprotected women and helpless
children have been turned out from their homes without bread or shelter.
The tombs of the gallant dead have been robbed and desecrated by fiends, who have
ruthlessly invaded the sanctity of the grave and outraged the sensibilities of the living.
.Under the hypocritical guise of liberating from slavery a population happier and
more virtuous than themselves, they have sought to subject us to a yoke more galling
than any they have essayed to remove.
Within a few #ys past an expedition has been projected and an abortive effort made
JOURNAL OP THE SENATE OP VIRGINIA.
211
to carry it into execntion, with minute instructions emanating, (as we have reason to
believe from the government at Washington,) to sack and fire the city of Richmond,
and in the darkness of the night, to consign its inhabitants Without a moment's warn¬
ing to flames and to death. For this purpose a " special bufning party" was organized,
provided with implements of destruction and orders to carry into execution their fell
designs. Amid its blazing ruins the released prisoners from " Belle Isle" and the
"Libby" were to uDite with the bands of Dahlgreen and Kilpatrick in dealing out death
and slaughter upon Unoffending and peaceful citizens, and inflicting outrages upon pure
and unprotected women more horrible than death.
' The heart sickens at the codtgmplation of the enormities that would have been com¬
mitted, had this nefarious scheme succeeded. No prayer for mercy would have been
heard; no scream for help would hayelfoeen heeded. Fire, rapine, slaughter and lust
would have held undisputed dominion in this fair city.
We forbear to enlarge, but make this recital that you may know more clearly the
character of our foe, and that he may be held up. to the odium and execration of man-
kiiffl.
In shameless disregard of all the rules of civilized warfare, your chief magistrate
and his cabinet were by special directions to be denied the rights of prisoners of war,
and killed in cold blqpd. ♦
Every species of public and private property was to be destroyed, and the entire
country within th§ir reach laid waste.
Stimulated and encouraged by the precepts and example of their leaders, this band
of robbers and murderers entered private houses, broke open ladies' wardrobes, de¬
stroyed of their, rich contents what they could not appropriate, carried off jewel? and
plate, consigned to the flames stores of provisions, burnt mills and other houses, deso¬
lated some of the fairest homes of the state, and left whole families without food.
Thanks to the gallantry of a citizen soldiery, they were routed and repulsed in the
tnidst of this carnival of crime, which must outrage the sensibilities of the civilized
wxtrld. Many of them (with awakened consciousness of their deserts) now contemplate
their doom within the walls of the prison from which they hoped to release their com¬
panions.
An avenging God suddenly summoned their atrocious leader from the scene of hid
wickedness to the bar of judgment, and on his slain body were found his atrocious in¬
structions^ stained with his own blood!
The name of Dahlgreen will be landed down to history as a fit associate in infamy
with Butler and a host of lesser criminals, who have disgraced humanity and shocked
the moral sense of the world. *
At the conclusion, immediately preceding the signatures, add—
And when our ears shall be no longer startled by the "clash' of resounding arms,"
and a happy, prosperous and permanent peace shall succeed, returning from the fields
of your fame, ydu will be greeted with tears of joy by the loved ones at home, the
heroes of every circle, to receive the smiles of the fair, and become the theme'of grati¬
tude and praise around every hearth protected by your valor.
Then every heart shall rejoice in that quiet which your coursfge has secured.—not
the quiet of deserted homes and desolated farms, gf sacked cities and rifled churches,
of villages in ashes and towns in ruins 5 but the quiet of smiling farms, where the blue
smoke shall curl again above the ancestral trees to welcome back the returned soldier
and the long exiled refugee to his home—the quiet of thriving villages, w^#re the old
man on his ciutch and the brave and war-worn veteran with his armless sldbve shall
tell of bloodj' battles and scenes of privation to smiling children around him—'the quiet
of prosperous cities, whose wharves shall whiten With an opulent commerce, whose
shops shall hum with a busy industry, and whose spires point to that haven of rest
Which is far away.
Then from a thousand happy hearts and happy homes shall arise thanksgiving and
praise to the God of battles, as of grace, while tears of gratitude will embalm the memo¬
ries and bedew the graves of the brave men whose blood has been shed as a libation
to liberty.
He, at the request of the said committee, offered the following reso¬
lution
Resolved by the general assembly, That the address of the general
assembly to the soldiers of Virginia be published in the Richmond news-
212
JOURNAL OF THE SENATE OF VIRGINIA.
papers for weeks, and that extra copies he furnished for
distribution by the governor among the soldiers of Virginia, in such
mode as in his judgment will best attain that object.
On motion of Mr. Johnson, the resolution was amended by striking
out "weeks" and inserting the word "one week on alternate days," and
on motion of Mr. Grice, the blank in the resolution was then filled^ with
the words "ten thousand".
The resolution as amended was then adopted1.
Ordered, That the clerk inform the „house of delegates thereof, and
request their concurrence.
A motion was made by Mr. Guy to take up the following bill:
No. 97, A bill authorizing county and'corporation courts to ratjfy
and confirm the issue and sale of bonds and other securities in certain
cases—pending which motion,
On motion of Mr. Armstrong, the senate adjourned#until,to-morrow,
eleven o'clock.
WEDNESDAY, MARCH 9, 1864.
No. 64, A bill to provide for the purchase and distribution among
the people of the state, of cotton, cotton yarns, cotton cloths and hand-
cards, with the amendments proposed by the house of delegates, was
taken up, and the first amendment, on motion of Mr. Johnson, was
amended by adding at the end thereof the»words "but the proceeds and
labor of said factories shall not be required for the use of the state so
as to interfere with or impede the operations of the same for the con¬
federate" government."
The amendment as amended wa'S then agreed to.
The second and fourth amendments were agreed to.
The third, fifth, sixth, seventh and eighth amendments were disagreed to.
On motion of Mr. Coghill, it was
Ordered, That he inform the house of delegates thereof, and request
their' concurrence in the action of the senate.
Joint resolution fixing a day for the election of superintendent of salt
works, was taken up and agreed to.
On motion of Mr. Coghill, it was
Ordered, That he communicate the same to the house of delegates.
No. 171, House bill entitled an act to prevent the destruction of en¬
closures and private property on public highways, was taken up, twice
read, and on motion of Mr. Christian of Augusta, the rule requiring
the commitment of the same was suspended. Thereupon,
Unsuccessful motions were made by Messrs. Dulany and Neeson to
amend the sanfe.
The bill was then read the third time and passed.
No. 139, House bill entitled an act amending and re-enacting section
2 of chapter 12 of the Code of Virginia, so as to authorize the employ¬
ment by the confederate government of the collectors of taxes and com-
JOURNAL OP THE SENATE OF VIRGINIA.
2i3
missioners of the revenue, was taken up, twice read, and on motion of
Mr. Christian of Augusta, laid on the table.
Subsequently, the bill was taken up on motion of Mr. Neeson, and
on his further motion the same was amended by adding at the end of
the first section the words:
"And provided further, that this act shall not be construed to repeal
or alter any ordinance of the late convention of Virginia enabling per¬
sons in the service of the Confederate States to accept or act in any
civil capacity in the service of this state during the existing war."
The bill as amended was then read the third time and passed.
On motion of Mr. Randolph, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence in the amendment.
No. 106, House bill entitled an act to sanction, authenticate and give
authority to the Code of Virginia, (edition of I860,)- was taken up,
twice read, and on motion of Mr. Dulany the- rule requiring its com¬
mitment was suspended, and on motion of Mr. Coghill, the bill was laid
on the table.
No. 139, JHouse bill entitled an act to amend and re-enact t'he 2d
section of chapter 7 of the Code of Virginia, relating to the election of
judges, was taken U]P, twice read, and on motion of i^r. Randolph, the
rule requiring its commitment was suspended, and ■ the bill read the
third time and passed.
No. 165, House bill entitled an act authorizing the payment of a
sum of money to William J. Morgan, for a slave condemned to'be hung,
was taken up, twice read, and on motion of Mr. Coghill, (the rule being
suspended therefor,) was read the third time, and the question on the
passage thereof being put, was determined in the affirmative—ayes 32 ;
noes 3.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Ball, Branch, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Douglas, Du-
lany, Frazier, Garnet^ Garrison, Grice, Guy, Jones, Keen, Lawson,
Lewis, Logan, Lynch, Marshall, Neeson, Newlon, Newman of Madison,
Newman of Mason, Qnesenberry, Randolph, Shrive^ Stephenson and
Tayloe—32.
Noes—Messrs. Johnson, Wiley and Witten—3.
No. 90, House bill entitled an act refunding to Peter Engleman part
of a license tax paid by him, "was taken up, twice read, and on motion
of Mr. Christian of Augusta, (the rule being suspended therefor,) was
read the third time, and the question on the passage thereof being put,
was determined in the affirmative—ayes 33; noes 3.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Branch, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Douglas, Dulany, Fra¬
zier, Garnett, Garrison, Grice, Guy, Hunter, Johnson, Jones, Keen,
LaAvson, Lewis, Logan, Lynch, Marshall, Nash, Neeson, NeAvman of
Madison, Quesenberry, Randolph, Shriver, Stephenson. Tayloe and
Wiley—33.
Noes—Messrs. Netylon, NeAvman of Mason and Witten—3.
214
JOURNAL OP THE SENATE OP VIRGINIA.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, _3£arch 8, 1864.
The house of delegates have agreed to the joint resolution relative to
the arrest and treatment of certain citizens of Portsmouth by the fede¬
ral authorities.
And they have passed a bill entitled an act to amend the 21st section
of chapter 66 of, the Code, in regard to appointments of directors and
-proxies by the board of public works, No. 65 j in which they respect¬
fully request the concurrence of the senate.
No. 65, House bill entitled an act to amend the 21st section of chap¬
ter 66 of the Code, in regard to appointments of directors and proxies
by the board of public works, was taken up, twice read, and on motion
of Mr. Carson, (the rule being suspended therefor,) was read the third
time, and on motion of Mr. Dulany, laid on the table.
A message was received from the house of delegates by Mr. Baker,
who informed the senate that that house had adopted a preamble and
joint resolution in. relation to the death of Dr. D. M. Wright, of'the
city of Norfolk.
Mr. Lewis fron^the joint committee to investigtte charges of abuse
and inhumanity to conscripts at Camp Lee, submitted a report thereon.
Mr. Randolph asked for, and obtained leave to introduce
No. 102, A bill to incorporate the Catawba railroad company, which
was taken up, read the first time and ordered to be read a second time,
and on motion of Mr. Randolph, (two-thirds concurring,) was read the
second time and ordered to be engrossed «and read a third time; and
being forthwith engrossed, on his further motion, (two-thirds concur¬
ring,) was read the third time and passed with its title.-
On motion of Mr. Randolph, it was
Ordered, That he communicate the same to the house of delegates
and request their concurrence therein.
On motion of Mr. Alderson, it was
Ordered, That he communicate thp bills passed this morning, to the
house of delegate®.
On motion of Mr. Randolph,
Resolved, That the clerk of the senate be, and he is hereby instructed
to have printed for the use of the senate, five hundred and fifty copies
of the opinion of the court of appeals recently pronounced in the case
of Abrams vs. Peyton and Burroughs vs. Peyton.
No. 101, A bill to amend the 5th section of the act to provide for
the production and distribution of salt, passed March 30th, 1863, was
taken up on motion of Mr. Coghill and read the second time, There¬
upon,
Mr. Coghill moved to amend tire same by striking out all after the
words "to wit", and inserting in lieu thereof the words:
"Two deputy managers at a salary of twenty-five hundred dollars
each ; two clerks at a salary of two thousand dollars each ; one shipping
clerk at a salary of eighteen hundred dollars; one clerk to issue sup¬
plies at a salary of'eighteen hundred dollars. Board shall also be
JOURNAL OP THE SENATE OF VIRGINIA.
215
furnished to said officers. Also, such other assistants, agents and
managers as may be necessary in the judgment of said superintendent
for the production and distribution of salt, and at such compensation
as he may allow."
Mr. Dulany moved to amend the amendment by adding at the end
thereof the words, "said salaries shall be paid in salt not exceeding
twenty cents per pound," and the question being put thereon, was de¬
termined in the negative.
The question recurring on the amendment submitted by Mr. Coghill,
Mr. Grice moved to amend the same by adding ac the end thereof the
words "No officer or clerk created by this act shall be engaged directly
or indirectly in the purchase or sale of salt for any purpose whatever
other, than for the state; and the said officers and clerks shall be paid
in such funds as are receivable in payment of public dues. Any viola¬
tion of this provision shall lead to the immediate dismissal of the officer
or clerk so violating it," and the question being put thereon, was deter¬
mined in the affirmative; and the question being on the adoption of the
amendment^ as amended,
Mr. Dickinson moved to amend the same by striking out the words
"board shall *also be furnished to said officers," which was agreed to.
Thereupon,
Mr. Coghill modified his amendment so as to leave blank the salaries
of the several officers and clerks mentioned therein.
On motion of Mr. Coghill the blanks were filled.
The question on the amendment as amended being put, was de¬
termined in the affirmative.
The bill as amended was then ordered to be engrossed and read a
third time, and being forthwith engrossed, on motion of Mr. Coghill,
(two-thirds concurring,) was read the third time, and the question on
the passage thereof being put, was determined in the affirmative—ayes
38; noes 1.
The ye-te Was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Branch, Brannon, Bruce,
Carpon, Christian of Augusta, Christian of Middlesex, Coghill, Cpffman,
Dickinson, Douglas, Frazier, Garnett, Garrison, Grice, Guy, Hart, Hun¬
ter, Johnson, Jones, Keen, Lawson, Lewis, Logan, Lynch, Marshall,
Nash, Neeson, Newman of Madison, Newman of Mason, Quesenberry,
Randolph, Shriver, Stephenson, Tayloe and Wiley—38.
Noes—Mr. Dulany—1.
The title of the bill was then agreed to.
On motion of'Mr. Coghill, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence.
Mr, Dickinson moved that the senate proceed to the execution of the
joint ordet of the day, which has for its object the election of superin¬
tendent of salt works.
Mr. Keen moved that the execution qf the joint order be postponed
until nine o'clock this evening, which was rejected ; and the question
recurring on the motion submitted by Mr. Dickinson, and being put,
was determined in the affirmative. Thereupon,
216
JOURNAL OP THE SENATE OP VIRGINIA.
Mr. Frazier nominated for that office, Colonel John N. Clarkson.
On motion of Mr. Dickinson, it was
Ordered, That he inform the hobse of delegates that the senate are
now ready on their part to proceed to the execution of said joint order,
and that Colonel John N. Clarkson was in nomination for the office of
superintendent of salt works. Subsequently,
A message was received from the house of delegates by Mr. Hay-
mond of Braxton, who informed the senate that that house was also
ready to proceed to the execution of the joint order, and that Claiborne
R. Mason was also in nomination in that house.
The roll was then called, and resulted—
For J. N. Clarkson, - - - . 32
For C. R. Mason, 4
The senators who voted for Colonel Clarkson are—Messrs. Alderson,
Branch, Brannon, Bruce, Carson, Coghill, Coffrnan, Dickinson, Doug¬
las, Frazier, Garnett, Grice, Hart, Hunter, Jones, Keen, Lawson, Lewis,
Logan, Lynch, Marshall, Hash, Neeson, Newlon, Newman of Madison,
Newman of Mason, Randolph, Shriver, Stephenson, Tayloe, Wiley and
Witten—32.
The senators who voted for Mr! Mason are—Messrs. Christian of Au¬
gusta, Dulany, Guy and Johnson—4.
Messrs. Frazipr, Christian of Augusta, Alderson, Stephenson and
Lawson were appointed a committee to act with a* similar committee of
the house of delegates and count the vote.
The committee, through their chairman, Mr. Frazier, reported,
Whole number o'f votes cast, - 146
Necessary to a choice, - - . - 74
Of which J. N. Clarkson received - - 121
C. R. Mason received - - . - 12
Scattering, 13
John N. Clarkson having received a majority of all the votes east,
was declared duly elected superintendent of salt works for one year
from the 30th of March 1864.
Mr. Newman of Mason moved that the senate take a recess until
eight o'clock this eVening.
Mr. Dickinson moved that the senate do now adjourn, and the ques¬
tion being put thereon, was determined in the negative—ayes 9; noes 28.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Brannon, Bruce, Christian of Augusta, Dickinson,
Dulany, Garnett, Grice, Lawson and Shriver—9.
Noes—Messrs. Alderson, Armstrong, Ball, Carson, Christian of
Middlesex, Coghill, Coffrnan, Douglas, Frazier, Garrison, Gu^, Hart,
Hunter, Johnson^ Keen, Lewis, Logan, Lynch, Marshall, Nash,, Neeson,
Newlon, Newman of Madison, Newman of Mason, Quesenberry, Ran¬
dolph, Stephenson and Wiley—28,
The question recurring and being put on the motion of Mr. Newman
of Mason, was determined in thp affirmative.
journal op the senate op virginia.
217
EVENING SESSION.
Wednesday, March 9, 1864.
On motion of Mr. Armstrong, the' report of the joint committee on:
the conscription of state officers was taken up.
Mr. Keen moved to amend the 6th clause by striking out all after
the word "authorities," in tlfe 2d line, and inserting in lieu thereof the'
words, "and request the exemption of one deputy clerk and one or more
deputy sheriffs, in such counties as may seem to him necessary ; the
cashier, teller and other officers of any bank of discount and deposit
of the state; a-ny bonded officer of any county for the supplying of in¬
digent families'of soldiers; the municipal authorities of any city or
town having a circuit, corporation and hustings court; such inspectors
of tobacco and flour «as are now appointed and in office; the reserved
forces of the city of Richmond and the town of Danville, ahd the officers
commanding such forces; and such other persons as the governor in his
discretion may think proper and necessary for the public^nterest, the
security of our bities and towns, the preservation of or the efficiency of
our public institutions," and thp question being on the adoption of the'
amendment,
Mr.* Keen withdrew the same. Thereupon,
Mr. Christian of Augusta moved to amend the 4th clause by striking
out the words "and the regular nurses" and inserting in lieu thereof the
words "and the'physician and employees."
Mr. Lynch moved to amend the amendment by striking out the word
"employees" and inserting the word "assistants," which was rejected,
and the question recurring on the amendment, and being put, was de¬
termined in the affirmative.
Mr. Coghill moved to amend the 6th clause by'inserting after the'
word "directed," in the 1st line, the words "to certify as to such other
officers as he may deem necessary for the proper administration of the
government and," and the question being put thereon, was determined
in the affirmative.
Mr. Grice moved to amend by striking out all after the word "gov¬
ernment" in the clause as amended, and the question being put thereon,-
was determined i«n the fi^gative—ayes 11; noes 21.
On motion of Mr. Grice, the votd was recorded as follows:
Ayes—Messrs. jParson, Dickinson, Grice, Hunter, Jones, Lewis, Lo¬
gan, Newlon, Newman of Madison, Stephenson and Tayloe—11.
Noes—Messrs. * Alderson, Armstrong, Ball, Branch, Christian of
Augusta, Christian of Middlesex, Coghill, Douglas, Dulany, Frazier,
Garnctt, Guy, Hart, Johnson, Keen, Lynch, Nash, Neeson, Newman of
Mason, Quesenbcrry and Randolph—21.
' Mr. Keen moVed to' afnend the 6th clause by inserting after the word
"commonwealth," in the 3d line, the word's "one deputy clerk and one
or more deputy sheriffs for Such counties as he may think necessary for
the public interests", which was rejected.
Mr. Armstrong moved to amend the 2d clause by inserting a£ter the
28
218
JOURNAL OF THE SENATE OF VIRGINIA.
words "commissioned officers," (in ordnance department,) the words
"one clerk," which was agreed to.
Mr. Lynch moved to amend the 4th clause as amended, by inserting
after the word "assistents" the words "and employees," which was -
agreed* to.
Mr. Armstrong moved to amend the 2d clause, in the 5th line, by in¬
serting after the words "quartermaster general" the words "and the
commissioned officers in that department," which was rejected.
Mr. Keen moved to amend the 6th claush by inserting after the word
"business," in the 4th line, the words "the municipal authorities of any
city or town that has a circuit or hustings court; the reserved forces of
the city of Richmond and the town of Danville, and their officers," and
the question being put thereon, was determined in the negative.
Mr. Dulany moved to amend the 6th clause by adding at the end
thereof the following words.: "And all other citizens not in the con¬
federate army, or who may be unwilling to serve therein, and all persons
in the army who may prefer a residence at home to military service,"
which was rejected.
Mr. Dulaity submitted the following as a substitute for all the reso¬
lutions :
That the governor of the state be, and is hereby requested to certify
that the following officers are necessary for the proper administration
of the state government:
The members of both houses of the general assembly, and the clerk
of each house, and the sergeant-at-arms and the doorkeepers and clerks
thereof; the governor ; the lieutenant governor; the secretary of the
commonwealth and his clerks; the treasurer; the two auditors, and the
register of the land office, and all their regular clerks provided for by
law; the board of public works and their secretary ; t*he public printer
and the printer of the .senate ; the adjutant general and one clerk ; the
inspector general; the colonel of ordnance; the quartermaster general;
the officers and men of the public'guard ; the commissioners of the
revenue; one surveyor for each county; the superintendent of salt
works and his assistants authorized by law ; the judges of the court of
appeals and of the circuit courts, and the judge of the* hustings court of
the city of Richmond; the clerks of said courts, and of the district,
county and corporation courts, or a deputy clerk for each of said courts
where the clerk thereof is in the military sej'tice of«the Confederate
States ; the justices of the peace ; the attorney general and attorneys
for the commonwealth ; the sheriff of each county and corporation, and
the sergeant and collector Of taxes of each corporation having a hustings
court; the high constable of the city of Richmond ; the superintendent
and professors of the' Virginia military institute; the superintendents
of the lunatic asylumns, and the regular nurses and teachers employed
in the institution for the deaf, dumb and blind; the superintendent of
the penitentiary, his assistants and clerk j and Ull other officers elective
by the people. But this act shall not apply to officers from counties in
possession of the public enemy. !£
And the question on the adoption of the substitute being put, was
determined* in the negative. Thereupon,
JOURNAL OF THE SENATE OF VIRGINIA.
*
219
Mr. Bruce submitted a. substitute for the whole, which is as follows :
Resolved by the general assembly, That while the state of Virginia
affirms her absolute right to the services of afl such officers deemed
needful by her to perform the various functions of her state government
and their immunity from military service to the confederate government,
she will.forbear at the. present time to insist upon the exercise of that
right.
Resolved, That relying with confidence upon the good faith of the
confederate authorities, and the fidelity of the governor in claiming for
the state the services of such officers as may be needful for the state, in
accordance with the provisions of the act vof congress, we will cheerfully
acquiesce in the said act of' congress in relation to the exemption of
state officers.
And the question being on the adoption of the substitute, Mr. Alder-
son called the previous question, which was sustained, and the question
"ShalJ the main question be now put?" being put, was determined in
the negative.
The question recurring and being put on the adoption of the substi¬
tute, was determined in the negative—ayes 12; noes 22. (
On motion of Mr. Ball, the vote was recorded as follows:
Ayes—Messrs. Brannon, Bruce, Carson, Dickinson, Dulany, Grice,
Hunter, Lewis, Marshall, Newlon, Stephenson and.Tayloe—12. •
Noes—Messrs. Alderson, Armstrong, Ball, Christian of Middlesex,
Coghill, Douglas, Frazier, Garnett, Guy, Hart, Johnson, Jones,* Keeh,
Logan, Lynch, Nash, Neeson, Newman of Madison, Newpaan of Mason,
Quesenberry, Randolph and Shriver—22.
Mr. Newman of Mason moved to strike out the first resolution and a
part of the second, ending at the words "to wit," and insert in lieu
thereof the following : '
"Whereas, the confederate congress, in their conscription law of the
17th of February 1864, declare that all white male residents of the
Confederate States between the ages of 17 and 18 and 45 and 50 years
shall enrol themselves at such times and places, and under such regula¬
tions as the president may prescribe; and whereas said law provides for
the exemption of the state legislatures and such other state officers as
the governors of the respective states may certify to be necessary for
the proper administration of the state governments; and whereas the
general assembly of Virginia does not concede the right of the confede¬
rate government to conscribe her state officers^which are necessary for
the execution of her laws passed in pursuance of*her constitutibn:
Therefore,
Be it resolved by the general assembly of Virginia, • That thp governor
be required to inform the proper confederate officers that Virginia
claims as necessary to the proper execution of her law^ and to her well
being as a state, the exemption from all military duty of the following
officers''—wFen,
Mr. Hunter made an unsuccessful motion to lay the resolution on the
table.
The question recurring on the adoption of the amendment of Mr.
Newman of Masoh,
220
JOURNAL OP THE SENATE OP VIRGINIA.
Mr. Dickinson proposed the following as a substitute therefor:
Whereas, the recent act of congress entitled an act to organize
forces to serve during the war, exempts from conscription the members
.and officers of the state legislatures, and such other state officers as the
governors of the respective states may certify to be necessary for the
proper administration of the state government;
Therefore, be it resolved, That the governor be directed to certify
the following officers to be necessary for the proper administration of
the government of this state, viz.
And the question being put thereon, was determined in the nega¬
tive—ayes 10; noes 22.
On motion of Mr. Dickinson, the vote was recorded as follows ^
Ayes—Messrs. Brannon, Bruce, Carson, Dickinson, Dulany, 'Grice,
Hunter, Lewis, Newlon and Tayloe—10.
Noes—Messrs. Alderson, Armstrong, Ball, Christian of Middlesex,.
Coghill, Frazier, Garnett, Guy, Hart, Johnson, Jones, Keen, Jjogan,
Lynch, Marshall, Nash, Neeson, Newman of Madison, Newman of Ma¬
son, Quesenberry, Randolph and IShriver—22.
Mr. Dulany moved the following as a substitute for the resolutions as"
amended, which was rejected :
Resolved, That the act of congress on the subject of conscription is
eminently wise and proper, and that no legislation on the part of the
'Virginia assembly is required on the subject.
• The question was then put on the adoption of the first resolution re¬
ported from t®he joint committee, and determined in the affirmative—
ayes 29; noes 3.
On motion of Mr. Neeson, the vote was recorded as follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Brannon, Christian of.
.Middlesex, C&ghill, Dickinson, Douglas, Frazier, Garnett, Grice, Guy,
Hart, Hunter, Johnson, Jones, Keen, Lewis, Logan, Marshall, Nash,
Neeson, Newlon, Newman of Madison, Newman of Mason, Quesenberry,
Randolph, Shriver and Tayloe—29.
Noes—Messrfe. Bruce, Carson and Dulany—3.
The question being put on agreeing to the second resolution, (con-^
taining enumeration of officers,} was determined in the affirmative—
ayes 21; noes 9.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Ball," Christian of Middlesex,
Coghill, Frazier, Garnetk Guy, Hart, Johnson, Jones, Keen, Lewis,
Logan, Lynch, Nfsh, Nelson, Newman of Madison, Quesenberry, Ran¬
dolph and Shriver—21.
Noes—Messrs. Brannon, Bruce, Carson, Dickinso», Dulany, Grice,
Hunter, bfcwlon and Tayloe—9.
The question on the third resolution was put and determined in the
affirmative—ayes 20; noes 8.
On motion of Mr. Armstrong, the vote was recorded as'follows :
Ayes—Messrs. Alderson, Armstrong, Ball, Christian of Middlesex,
Coghill, Frazier, Garnett, Guy, IlrfTt, Johnson, Jones, Keen, Logan,
Nash, Neeson, Newman of Madison, Quesenberry, Randolph, Shriver
and Tayloe—20.
JOURNAL OR THE SENATE OE VIRGINIA.
221
Noes—Messrs. Brannon, Bruce, Carson, Dickinson, Dulany, Hunter,
Lewis and Newlon—8.
The fourth resolution was adopted.
Ordered, That the clerk inform the house of delegates thereof and
request their concurrence.
On motion of Mr. Alderson,
Resolved, That when the senate adjourns this evening it will adjourn
to meet to-morrow act- ten o'clock.
A message was receive^ from the house of delegates informing the
senate that that body had passed an act authorizing and directing the
payment of the Dixie boys, No.'140, in which they respectfully request
the concurrence of the senate.
A message was received from the house of delegates by Mr. Hutchin¬
son, who infornfed the senate that that body had passed an act to pro¬
vide for the purchase of shoes, blankets and other articles of clothing
for the troops of this state in the service of the state qr of the Confede¬
rate States, No. 105, in which they respectfully request the concurrence
of the senate.
A message was received frota the house of delegates by Mr. Pretlow,
who informed the senate that that house had passed an act to amend
and re-enact section 48 of chapter 85 of the Code of Virginia, to in¬
crease the allowance for clothing of lunatics in jail, No. 112, in which
they respectfully request the concurrence of the senate.
A message was received from the house of delegates by Mr. Burwell,
who informed the senate that that house had agreed to the amendment
proposed by the senate to the amendment of the house of delegates to
senate bill entitled an act to provide for the purchase and distribution
among the people of the state, of cotton, cotton yarns, cotton cloths and
hand-cards, No. 64, and had receded from their amendments to said
bill disagreed to by the senate.
A message was received from the house of delegates by Mr. Burwell,
who informed the senate that that house had passed senate bill entitled
an act to authorize the board of public works to increase the rates of
toll to be charged by railroad and other companies, and declaring cer¬
tain duties vand liabilities of railroad, express and other companies, No.
50, with amendments; in which they request the concurrence of the sen¬
ate.
A message was received *from the house of delegates by Mr. Ander¬
son, who informed the senate that that house had passed a bill entitled
an act to authorize the James river and Kanawha company and all other
navigation companies to regulate all charges by boats and boat owners
using the yorks and improvements of the said companies, No. 18.
A message ttfas received from the house of delegates by Mr. Bouldin,
who informed the senate that that house had passed a bill requiring cer¬
tain incorporated manufacturing companies to sell to consumers by the
piece or package at the same prices demanded by merchants, and pro¬
hibiting any preference -to merchants over consumers, No. 109.
On motion of Mr., Dickinson, the senate adjourned until to-morrow,
ten o'clock.
222
JOURNAL OF THE SENATE OF VIRGINIA.
THURSDAY, MARCH 10, 18G4.
Preamble and joint resolution in relation to the death of Dr. D. M.
"Wright of the city of Norfolk, was taken up and agreed to.
Ordered, That Mr. Grice inform the house of delegates thereof.
A communication from the house of delegates by their clerk, was
read as follows :
In house of delegates, March 9, 1864.
The house of delegates have adopted the address to the soldiers of
Virginia in the armies of the Confederate States, and they have agreed
to the.resolution for the publication thereof.
And they have agreed to a joint resolution authorizing the auditor of
public accounts to settle the accounts of Wm. F. Ritchie*public printer;
in which they respectfully request the concurrence of the senate.
Joint resolution authorizing the auditor of public accounts to settle
the accounts of Wm. F. Ritchie, public printer, was taken up—when,
Mr. Marshall made an unsuccessful motion to lay the same on the
table. Thereupon,
Mr. Brannon moved to amend the resolution by striking out the whole
proviso and inserting in lieu thereof the following:
v Provided that the public printer shall not be entitled to be paid any
such allowance until he shall refund to the state all the money paid by
the state for paper for the public printer since 1859"—pending which,
On motion of Mr. Marshall, the resolution was laid on the table.
No. 50, A bill to authorize the board of public works to increase the
rates of tojl to be charged by railroad and other companies, and declar¬
ing certain duties and liabilities of railroad, express and other compa¬
nies, with the amendments of tbe house of delegates, was taken up and
the amendments agreed to.
On motion of Mr. Armstrong, it was
Ordered, That he inform the house of delegates thereof.
No. 105, House bill entitled an act to provide for the purchase of
shoes, blankets and other articles of clothing for the troops of this
state in the armies of the state or of the Confederate States, was twice
read, and Mr. Hunter made an unsuccessful motion to make it the order
for one o'clock to-day. Thereupon,
Mr. Douglas moved to refer the bill to the committee on finance, and
the question being put thereon, was determined in the negative—ayes
14 ; noes 20.
On motion of Mr. Hunter, the vote was recorded as follows:
Ayes—Messrs. Branch, Coffman, Dickinson, Dougla^, Dulany, Fra-
zier, Garrison, Guy, Hart, Jones, Keen, Logan, Lynch and Shriver—14.
Noes—Messrs. Alderson, Armstrong, Ball,' Carson, Christian of
Augusta, Coghill, Garnett, Grice, Hunter, Johnson, Lawson, Marshall,
Nash, Neeson, Newlon, Newman of Madison, Newman of Mason, Que-
senberry, Randolph and Tayloe—20.
On motion of Mr. Hunter, (the rules being suspended therefor,) the
bill was read the third time, and having, on motion of Mr. Quesenberry,
JOURNAL OF TUB SENATE OF VIRGINIA.
223
(by general consent) been so amended as to strike out all in reference
to the purchase of vessels, the question on the passage thereof was put,
and determined, for the want of a constitutional majority, in the nega¬
tive—ayes 20 ; noes 15.
The vote was recorded as follows:
Ayes—Messrs. Alderson, Armstrong, Ball, Carson, Christian of Au¬
gusta, Coghill, Dulany, Grice, Guy, Hunter, Johnson, Lewis, Marshall,
Nash, Newlon, Newman of Madison, Newman of Mason, Quesenberry,
Randolph, Shriver and Tayloe—20.
Noes—Messrs. Branch, Brannon, Bruce, Christian of Middlesex, Coff-
man, Douglas, Frazier, Garnett, Garrison, Hart, Jones, Keen, Logan,
Lynch and Neeson—15.
No. 140, House .bill entitled an) act authorizing and directing the
payment of the Dixie boys, was twice read, and on motion of Mr. Bran¬
non, (the rule being, suspended therefor,) w*as read the third time, and
the question on the passage thereof being put, was determined in' the
affirmative—ayes 29 ; noes 1.
The vote was recorded as follows :
Ayes—Messrs. Armstrong, Ball, Branch, Brannon, Bruce,*Carson,
Christian of Middlesex, Coghill, Coffman, Dulany, Frazier, Garnett,
Garrison, Grice, Guy, Haft, Hunter, Jones, Lewis, Logan, . Marshall,
Nash, Neeson, Newlon, Newman of Madison, Newman of Mason, Que¬
senberry, Randolph and Tayloe—29.
Noes—Mr. Lynch—1.
No. 112, House bill entitled an act to amend and re-enact section 48
of chapter 85 of the Code of Virginia, to increase the allowance for
clothing of lunatics in jail, was twice read, and on motion of Mr. Chris¬
tian of Augusta, (the rule being suspended therefor,) was read the third
time, and the question on the passage thereof being put, was determined
in.the affirmative—ayes 36 ; noes none.
The vote was recorded as follows :
Ayes—Messrs. Alderson, Ball, Branch, Brannon, Bruce, Carson,
Christian of Augusta, Christian of Middlesex, Coghill, Coffman, Dick¬
inson, Douglas, Dulany, Frazier, Garnett, Garrison, Grice, Guy, Hart,
Johnson, Jones, Keen, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Neeson, Newlon, Newman of Madison, Newman of Mason, Quesenberry,
Randolph, Shriver and Taylo®—36.
No. 18, House bill entitled an act 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 companies, was taken up, twice read, and on motion of Mr.
Lynch, the same was amended by inserting after the word "charges",
in the third line, the words "with the approval of the board of public
works."
The bill as amended was then read the third time and passed.
On motion of Mr. Randolph, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence in the amendment proposed.
No. 109, House bill entitled an act requiring certain incorporated
manufacturing companies to sell to consumers, by the piece or package
224
JOURNAL OF THE SENATE OF VIRGINIA.
at the same prices demanded of merchants, and prohibiting any pre¬
ference to merchants over consumers, was twice read, and on motion of
Mr. Frazier, (the rule being suspended therefor,) was read the third
time, and on motion of Mr. Garrison, laid on the table.
A communication from the house of delegates by their clerk, was read
as follows:
In house of delegates, March 9, 1864.
The house of delegates have passed senate bill entitled an act to in¬
corporate the Catawba railroad company, No. 102.
They have agreed to a preamble and joint resolutions expressive of
the sense of the general assembly of the devotion to the cause of south¬
ern freedom of citizens of Virginia fn the enemy's lines, and 'to certain
joint resolutions in relation to the defence of Richmond against the
recent raid of the. enemy ; in which they respectfully request the con¬
currence of the senate.
Joint resolutions in relation to the defence of Richmond against the
recent raid of the enemy, was taken up, and Mr. Douglas moved to
amend the same by adding at the end of the first resolution the words:
"also to the gallant home guards of King & Queen county and the
troops or detachments that accomplished the overthrown of Dahlgreen
and his marauders"—pending which,
On Inotion of Mr. Newman of Mason, the resolutions were referred
to the committee op military affairs.
Preamble and resolutions expressive of the sense of the general as¬
sembly of the devotion to the cause of southern freedom of citizens of
Virginia in the enemy's lines, were taken up. Thereupon,
Mr. Dulany moved to refer to the committee on general laws, which1
was refused. Thereupon,
Mr. Dickinson made an unsuccessful motion to lay the resolutions on
the table.
Mr. Lawson moved that the resolutions be indefinitely postponed.
Mr. Dickinson moved to lay the resolutions on the table and make'
them the order of the day at eight o'clock to-night.
On this proposition Mr. Lynch demanded a division of the .question,
which was ordered, and the question being put on the first member
thereof, was determined in the affirmative.
, The question on the second member was determined in the affirmative.'
A message was received from the house of delegates by Mr. Bouldin,
who informed the senate that that house had agreed to the amendment
of the senate to house bill entitled an act amending and re-enacting
section^ of chapter 12 of the Code of Virginia, so as to authorize the
employment by the confederate government of the collectors of taxes
and commissioners of the revenue, No. 189.
A message was received from the house of delegates by Mr. Richard¬
son, who informed the senate that that house had passed senate bill en¬
titled an act confirming and amending the charter of the Richmond
glass manufacturing company, No. 46.
A message was received from the house of delegates by Mr. Jones,
who informed the senate that that body had agreed to the joint resolu-
JOURNAL OF THE SENATE OF VIRGINIA.
225'
tlon of the senate instructing the auditor of public accounts to obtain
certain information from the commissioners of the revenue and to com¬
municate the same to the general assembly at its next session, with an
amendment, in which they respectfully request the concurrence of the
senate.
A message was received from the house of delegates by Mr. Bouldin,
who informed the senate that that house had passed an act repealing all
laws authorizing insurance of tobaccfl by the state, and amending the
59th section of chapter 87 of the Code, (edition of I860,) so as to ren¬
der the inspector liable to the owners of tobacco in certain cases, No.-
60, in wlych they respectfully request the concurrence of the senate.
A message was received from the house of delegates by Mr. Robert¬
son, who informed the senate that that body had agreed to the joint
resolutions of the senate affirming the right of the state of Virginia to
appoint all officers needful to perform the various functions of her state'
government, and declaring certain officers indispensable to the proper
maintenance of the dignity, integrity and efficiency of the government
of the state.
A message was received from the house of delegates by Mr. English,
who informed the senate that that house had passed senate-bill entitled1
an act to amend and re-enact the 18th, 33d, 34th and 35th sections of
chapter 184 of the Code of Virginia, so as to increase the fees and
compensation of sheriffs and sergeants, No. 55.
A message was received from the house of delegated by Mr.- Shelton,-
who informed the senate that that body had passed an act to amend the
6th section of chapter 98 of the Code of Virginia, (edition of I860,)
concerning patrols, No. 62, in which they respectfully request the con¬
currence of the senate.
A message was received from the house of delegates by Mr. Magru-
der, who informed the senate that that house had passed senate bill en¬
titled an act to amend and re-enact the 12th section of the 77th chap¬
ter of the Cdde of Virginia, No. 68.
A message "was received from the house4 of delegates by Mr. Cowan,
who informed the senate that that house had passed senate bill entitled1
an act to amend the 1st and 2d sections of an act to suppress gaming,
passed October 16th, 1863, No. 74. .
A message was received from the house of delegates by Mr. Jones,-
who'inforrned the senate that that house had passed' senate bill No. 84,
entitled an act for the relief of Thomas M. Hundley, commissioner of
the revenue for the county of Mathews, with an amendment, in which
they request the concurrence of the senate.
A message w7as received from the house of delegates By Mr. Robert¬
son, who informed the senate that that house had passed senate bill en¬
titled an act to increase the compensation of the clerk of the circuit
court of the city of Richmond, No. 88.
A message was received from the house of delegates by^Mr. Brooke,-
who informed the senate that that body had passed senate bill entitled- -
an act to amend the 5th section,of the act to provide for the production-
and distribution of salt, passed March 30th, 1863, No. 101, with amend--
ments in which they request the concurrence of the senate.-
29
226 journal of tee senate of virginia.
On motion of Mr. Armstrong, tlie senate took a recess until eiglifp
o'clock tkis evening.
EVENING SESSION.
Thursday, March 10, 1864.
No. 92, A bill to prohibit tbe granting of ordinary license at certain
specified places in the commonwealth, was taken up, read the third time,
and the question on the passage thereof being put, was determined in
the affirmative—ayes lj9; noes 14.
On motion of Mr. Keen, the vote was recorded as follows:
Ayes—Messrs. Armstrong, Ball, Brannon, Christian of Middlesex,
Coghill, Coffman, Douglas, Erazier, Garnett, Grice, Hart, Johnson,
Jones, Lewis, Newlon, Newman of Madison, Newman of Mason, Quesen-
berry and Tayloe*—19.
Noes—Messrs. Branch, Bruce, Dickinson, Dulany, Hunter, Keen,
Lawson, Logan, Lynch, Marshall, Nash, Neeson, Randolph and Shri-
ver—14.
The title of the bill was then agreed to.
On motion of Mr. Ball, it was
Ordered, That he inform the house of delegates thereof, and request
their concurrence' thereih.
No. 97, A bill authorizing county and corporation courts to ratify
and confirm the issue and sale of bonds and other secureties in certain
cases, was taken up, read the third time and passed with'its title.
On motion of Mr. Keen, it was
Ordered, That he inform the house of delegates thereof and request
their concurrence therein. Subsequently,
A message was received from the house of delegates by Mr. Winston,
who informed the senate that that house had passed the said bill.
No. 101, A bill to amend the 5th section of the act to provide for
the production and distribution of salt, passed March 30th, 1863, with
the amendments of the house of delegates, was taken up on motion of
Mr. Coghill, and the question being on agreeing to the first amendment
of the house,
Mr. Armstrong moved to amend the same, which was refused, and the
first and second amendments of the house were then agreed to.
The amendment of the house of delegates to the title was then agreed
to.
On motion of Mr. Coghill, it was
Ordered, That he communicate the samerto the house of'delegates.
No. 153, House bill entitled en act to amend and re-enact the 11th
section of the 208th chapter of the Code of Virginia (edition of 1860),
as amended and re-enacted by an act entitled an act to amend and re-
enact section 11 of chapter 208 of the Code of Virginia,* passed October
30th, 1863, concerning jurors in criminal cases, was taken up, read the
third time, and the question on the passage thereof being put, was de¬
termined in the affirmative—ayes 29 ; noes none.
JOURNAL OF THE SENATE OF VIRGINIA.
227
The vote therepn was recorded as follows:
Ayes—Messrs. Armstrong,""I*all, Brannon, Bruce,. Christian of Mid¬
dlesex, Coghill, Coifman, Dickinson, Dulany, Frazier, Garnett, Grice,
Hart, Johnson, Jones, Lawson, Lewis, Logan, Lynch, Marshall, Nash,
Neeson, Newlon, Newman of Madison, Newman of' Mason, Quesenberry,
Randolph, Shriver and Tayloe—29.
No. 84, A bill for the relief of Thomas M. Hundley, commissioner of
the revenue for the county of Mathews, with the amendment of the
house of delegates, was taken up and the amendment concurred in.
On motion of Mr. Christian of Middlesex, it was '
Ordered, That he inform the house of delegates thereof.
Joint resolution instructing the auditor of public accounts to obtain
certain information from the commissioners of the revenue, and to com¬
municate the same to the general assembly at its next session, with the
amendment of the house, was taken up and the amendment concurred
in.
On motion of Mr. Tayloe, it was
Ordered, That he inform the house of delegates thereof.
No. G2, House bill entitled an act to amend the 6th section of chapter
98 q£ the Code of Virginia (edition of I860,) concerning patrols, was
taken up, read the third time and passed.
Ordered, That Mr. Coghill inform the house of delegates thereof.
On motion of Mr. Christian of Middlesex, it was
Ordered to be entered on the journal of the senate that had he been
present when the vote was taken on the passage of the. bill authorizing
the impressment of .certain furnaces, salt wells, &c., at Saltville, (No.
93,) he would have voted in the negative.
No. 60, House bill entitled an a'ct repealing all laws authorizing in¬
surance of tobacco by the state, and amending the 59th section of chap¬
ter 87 of the Code (edition of I860,) so as to render the inspector liable
to the owners of tobacco in certain cases, was twice read, and after an
unsuccessful motion by Mr. Marshall to lay the bill on the table, (the
rule being suspended therefor,) was read the third time and passed.
A message was received from the house of delegates by Mr. Deane,
who informed the senate that that house had agreed to the amendment
proposed by the senate to house bill No. 18 entitled an act to authorize
the James river and Kanawha company and all other navigation com¬
panies to regulate all charges by boats and boat owners using the works
and improvements of the said companies.
A message was received from the house of delegates by Mr. McCue,
who informed the senate that that house had passed senate bill entitled
an adt to prohibit the granting of ordinary license at certain specified
places in the commonwealth, No. 92..
Mr. Keen offered the following joint resolution, which lies over under
the rules:
Resolved by the general assembly, That the keeper of the rolls of
Virginia be directed to correct.a clerical error in an act passed January
29th, 1864, entitled an act extending the jurisdiction of the circuit court
of the town of Danville, so as to insert "county" instead of "circuit"
court.
228
JOURNAL OR THE SENATE OF VIRGINIA.
On motion of Mr. Keen, (the rules being suspended therefor,) the
resolution was taken up and agreed to.
On motion of Mr. Keen, it was
Ordered, That he communicate th^ same to the house of delegates
and request their concurrence therein. Subsequently,
A message was received from the house of delegates by Mr. Buford,
who informed the senate- that that house had agreed to the resolution.
Oh motion of Mr. Dickinson, the committee on confederate relations
was discharged from the further consideration of joint resolutions in re¬
lation to an increase of wool, &c., which were taken up and agreed to.
No. 65, House bill entitled an act to amend the 21st section of chap¬
ter 66 of the Code, in regard to appointments of directors and proxies
by the board of public works, was taken up on motion of Mr. Hart and
passed.
On motion of Mr. Hart, it was
Ordered, That he inform the house of delegates thereof.
On motion of Mr. Ball, (Mr. Johnson in the chair,) the' following
resolution was unanimously adopted :
Resolved, That in testimony of the high appreciation by the senate
of the services of Lieutenant-governor Samuel Price, as presiding offi¬
cer, the thanks of the senate are hereby tendered him for the able, impar¬
tial and dignified manner in which he has presided over its deliberations!
On motion of Mr. Hart, the following resolution was unanimously
adopted: •
Resolved, Th,at the thanks of the senate are hereby tehdered to
Shelton C. Davis, clerk of the senate, for the faithful and diligent man¬
ner in which he has discharged the duties of his office.
Mr. Dickinson offered the following resolution, which, on motion of
Mr. Newman of Mason, was laid on the table:
Resolved, That the order enjoining secrecy on the proceedings of the
senate on the 4th and 5th of February 1864, be rescinded.
Mr. Dickinson moved that the senate resolve itself into secret session,
and the question being put thereon, was determined in the negative—
,ayes 13; noes 19.
On motion of Mr. Dickingon, the vote was recorded as follows :
'Ayes—Messrs. Brannon, Bruce, Coghill, Dickinson, Dulany, Grice,
Hart, Jones, Lynch, Marshall, Newman of Madison, Quesenberry and
Randolph—13.
Noes—Messrs. Armstrong, Ball, Christian of Augusta, Christian of
Middlesex, Coffman, Douglas, Frazier, Garnett, Guy, Hunter, Johnson,
Lawsoja, Lewis, Logan, Nash, Neeson, Newlon, Newman of Mason and
Tayloe—19.
A message was received from the house of delegates by Mr. Huntt,
communicating sundry enrolled bills for further examination. Subse¬
quently
Mr. Jones, from the committee on enrolled bills, reported that the
committee had examined sundry such bills and found them correctly
enrolled. Wherupon,
The president signed tbem ; and Mr. Jones was ordered to-communi--
pate the same to the house of delegates for further signature.
JOURNAL OP THE SENATE OP VIRGINIA.
229
The report of the joint committee to investigate charges, of abuse
and inhumanity to conscripts at Camp Lee, was taken up, and on motion
of Mr. Frazier, laid on the table and ordered to be printed. Doc. No. 21.
On motion of Mr. Lewis, the clerk of the senate was directed to have
the report published once in -each of the newspapers in -the city of Rich¬
mond.
Mr. Tlrannon appealed from the decision of the president, made on
the 19th February 1864, that the following bill was rejected for want of
a constitutional majority:
No. 77, House bill entitled an act for the relief of George J. Arnold.
And the question, " Shall the decision of the chair stand as the judg¬
ment of the senate?" being put, was determined in the affirmative.
The report of the committee on pilblic institutions relative to impress¬
ment of certain buildings in the town of Staunton, was taken up on
motion of Mr. Christian .of Middlesex, and the question being on the
adoption of the first resolution, Mr. Douglas moved to strike out the
words " and the female institute." Pending which,
On motion of Mr. Newman of'Mason, the report was laid on the
table.
The following are the'enrolled bills signed by the president:
An act providing an additional appropriation to the Virginia military institute.
An act to provide for the preservation of the records of the counties of Warwick,
Elizabeth City, James City and the city of Williamsburg.
An act to authorize the admission of wills to record upon proof of the handwriting
of the attesting witnesses in certain cases.
An act to authorize the transfer of certain bonds of the .state held in trust by the
government of the United States for the Cherokee tribe of Indians, and providing for
the payment of interest thereon.
An act amendatory of the act passed October 27th, 1863, entitled ah act to authorize
the arrest of deserters by the civil authorities.
An act to amend the 13th section of chapter 34 of the Code of Virginia, concerning
the Virginia military institute.
An act extending the jurisdiction of the circuit court of the town of Danville.
An act to amend and re-enact the 12th section of the 77th chapter of the Code of
Virginia.
An act to amend and re-enact section 48 of chapter 85 of the Code of Virginia, to
increase the allowance for clothing of lunatics in jail.
An act to increase the compensation of the clerk of the circuit court of the city of
Richmond.
An act confirming and amending the charter of the Richmond glass manufacturing
company.
An act to amend and re-enact the 13th, 33d, 34th and 36th sections of chapter 184 of
the Code of Virginia, so as to increase the fees and compensations of sheriffs and ser¬
geants.
An act to authorize the board of public works- to increase the rates of toll to be
charged by railroad and other companies, and declaring certain duties and liabilities of
railroad, express and other companies.
An act to authorize sheriffs to summon the posse comitatus to aid in enforcing im¬
pressments ill certain cases.
An act refunding to Peter Engleman part of a license tax paid by him.
An act to amend and re-enact the 11th section of the 208th chapter of the Code of
Virginia, (edition of 1860), as amehded and re-enacted by an act entitled an act to
amend and re-enact section 11 of chapter 208 of the Code of Virginia, passed October
30, 1863, concerning jurors in criminal cases.
An act authorizing county and corporation courts to ratify and confirm the' issue and
sale of bonds and other securities in certain cases.
An act to amend the 5th section of the act to provide for the production and distri¬
bution of salt, passed March 30th, 1863, and to amend the 11th section of an act to
230
JOURNAL OF THE SENATE OF VIRGINIA.
amend and re-enact the 11th section of the act for the production and distributio'n of
salt, passed March 30th, 1863, as amended by the act passed September 18, 1863.
An act amending and re-enacting section 2 of chapter 12 of the Code of Virginia, so
as to authorize the employment, by the confederate government, of the collectors of
taxes and commissioners of the revenue.
An act to amend the first and second sections of an act to suppress gaming, passed
October 16th, 1863.
An act to prohibit the granting of ordinary licenses at certain specified places in the
commonwealth. *
An act to amend the4 Cth section of chapter 98 of the Code of Virninia, (edition of
1860), concerning patrols.
An act authorizing and directing the payment of the Dixie Boys.
An act for the relief of Thomas M. Hundley, commissioner of the revenue for the
eounty of Mathews.
An act to amend the 21st section of chapter 66 of the Code, in regard to appoint¬
ments of directors and proxies by the board of public worj^s.
An act to authorize the James river ancf Kanawha company and all other navigation
companies to regulate all charges by boats and boat owners using the works and im¬
provements of the said companies.
An act repealing all laws authorizing insurance of tobacco by the state, and amend¬
ing the 59th section of chapter 87 of the Code, (edition of 1860), so as to render the
inspector liable to the owners of tobacco in certain cases.
An act authorizing the receipt of the treasury notes of the Confederate States in payment
of taxes and other public dues, and regulating how and when the same shall be received.
An act to incorporate the Henrico manufacturing company.
An act to amend and re-enact section 15 of chapter 14 of the Code of Virginia, (edi¬
tion of 1860), so as to increase the salary of the printer of the senate.
An act for the relief of John C. Heiskell, sheriff of Hampshire county.
An act to make Clinch river a lawful fence through the county of Scott.
An act to authorize the county courts to change the places of holding their sessions,
and to enlarge their powers in certain cases.
An act to repeal section 8, and to amend and re-enact section 9 of chapter 85 of the
Code of Virginia, (edition of 1860), so as to dispense with the office of treasurer of the
Central lunatic asylum, arfd to direct the funds of said asylum to be kept in either of
the banks in Staunton.
An act amending and re-enacting an act entitled an act to amend the charter and
extend-the corporate limits of the town of Charlottesville, passed March 14th, 1860.
An apt' requiring raihoad and canal companies to transport troops and munitions of
war without the right to demand prepayment of fare.
An act for the relief, of families of soldiers living in counties within the lines or
tinder the control of the enemy. '
An act amending and re-enacting sections 2 and 7 of an act for improving the navi¬
gation of Willis' river, passed January '28, 1817.
An act to establish an army agency in the city of Richmond for the relief of soldiers,
seamen and officers of Virginia in the cpnfederate service, and to repeal the 1st, 2d and
3d sections or an act establishing such agency, passed March 9th, 1863.
An act to incorporate the Hardy coal mining company.
An act to prevent the unlawful carrying of slaves on boats.
An act releasing R. F. and D. G. Bibb from liability under a contract for the hire of
negro convicts.
An act to amend and re-enact an act entitled an act to extend the time for the exer¬
cise of certain rights and remedies, passed March 11th, 1862.
An act amending and re-enacting the 5th section of-chapter 184 of the Code 'of Vir¬
ginia, (edition of 1860), concerning fees of commissioners in chancery.
An act amending and re-enacting the 1st section of chapter 214, (Code of 1860), so
as to provide for the punishment of free negro convicts in certain cases.
An act amending the 2d section of an act amending the charter of the Virginia fire
and marine insurance company, passed January 4th, 1858.
An act imposing fines on agents for failing to deliver salt to persons entitled thereto.
An act concerning jailors' fees.
An act to amend and re-enact section 44 of chapter 49 of the Code, so as to increase
the allowance to sheriffs and sergeants for services to the public'.
An act amending and re-enacting the 7th section of chapter 165 of the Code of Vir¬
ginia, as amended by the act passed March 2Sth,.1861, entitled an act to increase the
pay of the commonwealth's attorney for the circuit court of Ohio county.
JOURNAL OF THE SENATE OF VIRGINIA.
231
An act authorizing the collection of dividends due by the Raleigh and Gaston rail¬
road company to the city of Norfolk.
An act to authorize the Charlottesville savings bank to reduce the number of its di¬
rectors.
An act to authorize the sale of certain slaves now in the penitentiary.
An act vacating the commissions of militia officers of the line.
An act to a«iend an act entitled an act to regulate the tolls for passing Mayo's bridge,
passed March 12th, 1835.
An act providing compensation for the pages and porters of the senate and house of
delegates, and fof the clerk of the joint committee on salt, and the engineer employed
to examine the condition"and capacities of the salt works, <fec.
An act authorizing railroad companies and other corporations to pay their indebted¬
ness to the commonwealth in a certain manner.
An act for the relief of William R. C. Douglas, late steward of the Eastern lunatic
asylum. •
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 property books.
An act authorizing the increase of the capital stock of the Virginia^ and Tennessee
railroad company.
An a,ct providing compensation for members of the general assembly, judges and
other officers of the government, in lieu of the compensation now allowed by law.
An act prescribing the mode of serving notices in certain cases.
An act incorporating the Virginia porcelain and earthenware company in the county
of Augusta.
An act to amend sections 31 and 32 of chapter 184 of the Code so as to increase the
fees of clerks for certain services.
An act for the protection of sheep and to increase the growth of wool.
An act to amend and re-enact the charter of the Union female college.
An act disbanding the 1T9th regiment of the militia of the line, and for the more
efficient organization of the 19th regiment of the militia of the line a,nd the 1st regi¬
ment of the second class militia.
An act authorizing the governor to cause sufficient covering to be erected for the
protection of the artillery belonging to the state.
An act amending and re-enacting chapter 213 of the Code'of Virginia, reorganizing
the penitentiary.
An act authorizing an increase of the salaries of the professors of the university,
and providing#for the education of persons disabled by wounds received in the public
service.
• An act authorizing banks or branch banks in certain cases to receive payment of
debts at branch or mother baaks within the enemy's lines.
An act to authorize the funding of certain currency belonging to the state in con¬
federate bonds, and to authorize the sale of such bonds if necessary, and to authorize
the conversion of other notes into other issues.
An act to incorporate the Confederate Statesvporcelain company.
An act to amend and re-enact the 2d section of an act passed October 9tb,■ 18G3, en¬
titled an act to amend the act passed February 13tb, 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'as to certairf counties, and to authorize the county courts to dispense with
enclosures in dther counties, passed October 3d, 1862, and to legalize the action of
county courts held under said law.
An act requiring the board of public works to suspend the payment of any subscrip¬
tion on the part-of the state to certain internal improvement companies.
. An act for the relief of the personal representatives of A. B. Urquhart, Joseph E.
Gillett and Madison J. Davis.
An act amending and re-enacting the 10th section of chapter 1 TO of the Code of
Virginia, (edition of 1860), concerning the service of process.
An act for the relief of A. G. Ingraham.
An act releasing,William B. Ball from the payment of a certain sum of money.
An act to amend and re-enact an act entitled an act to incorporate the Richmond im¬
porting and exporting company, passed February 21, 18G3.
An act to amend the charter of the# Farmers and Mechanics insurance company of
the city of Richmond.
An act to amend and re-enact the second section of an act to incorporate the Uhion
manufacturing company.
An act for*the relief of William E.*Prince of Sussex county.
232
JOURNAL OF THE SENATE OF VIRGINIA.
An act to amend the 3d section of an act for the relief of indigent soldiers, sailors,
&c., passed October 31, 1863.
An act to incorporate the Stonewall insurance company.
An act to authorize the common council of Danville to acquire lands in the county
of Pittsylvania for "certain public uses.
An act for the relief of the securities of R. P. Baker, late sheriff of Grayson county.
An act increasing the capital stock of the Bank of the city of Petersburg.
An act authorizing in certain cases the settlement of fiduciaries' accounts before
commissioners^n chancery of courts other than those in which such fiduciaries have
been appointed, or in which the instruments creating their authority have been re¬
corded.
An act to amend the charter of the city of Petersburg.
An act to authorize clerks of courts, for certain services, to charge double the sums
specified in the act passed March 24, 1863, entitled an act to' amend and re-enact an act
entitled an act increasing the compensation of clerks of courts during the existing war.
An act to amend the charter of the town of Ashland in Hanover county.
An act amending and re-enacting an act passed October 13, 1863, and an act amen-*
datorv thereof, passed October 26, 1863, in relation to an increase of the salaries of cer¬
tain officers of government.
An act more effectually to suppress unlawful trading on boats plying the risers and
canals of the commonwealth.
An act amending the ninth section of chapter 104 of the Code of Virginia, in rela¬
tion to harboring or employing slaves."
An act releasing the commonwealth's claim to certain land to Matthew Sylvia.
An act to incorporate the Richmond city insurance company.
An act to authorize the impressment of certain salt wells, furnaces and other property.
An act appropriating the public revenue fox the fiscal years 1863-4 and 1864-5.
" An act to provide for the purchase and distribution among the people of the state, of
cotton, cotton yarns, cotton cloths and hand cards.
An act to suspend the act passed March 28, 1863, entitled an act imposing taxes for
the support of government, and to continue the rights and remedies of the common¬
wealth, and prescribing the regulations for licenses.
An act to amend the charter of the town of Bridgewatex in the county of Rockingham.
An act to amend and re-enact the 5th section of chapter 53 of the Code, (edition of
1860), in relation to county levies.
An act to amend the 1st section of an act-passed April 12, 1852, entitled an act to
authorize the construction of the Wytheville and Grayson turnpike, and to make
branches thereof to the lead mines of Wythe county, ahd Hillsville in Grayson county.
An act to authorize the governor to lease a portion of land adjoining the armory.
An act to incorporate the Catawba railroad company.
An act authorizing the payment of a sum of money to William J. Morgan, for a slave
condemned to be hung.
An act to amend and re-enact the 2d section of chapter I of the Code of Virginia,
relating to the election of judges.
An act to prevent the destruction of enclosures and private property on public high¬
ways.
A message was received from the house of delegates by Mr. Jones,
who informed the senate that the house of delegates was ready on its
part to adjourn sine die.
On motion of Mr. Keen, the following resolution was adopted:
Resolved, That the house of delegates be informed that the senate is
ready to adjourn •until the first Monday in December 1865.
Mr. Keen was directed to inform the house of delegates thereof.
The president (Lieutenant-governor Price) having resumed the chair,
Mr. Johnson informed him of the adoption of the resolution compli¬
mentary of him as presiding officer of this body, and moved that the
senate adjourn; and the question being put thereon, was determined in
the affirmative.
The president their addressed the senate, and announced-that it stood
adjourned until the first Monday in Decefnber 1865.
MEMBERS OF THE SENATE OF VIRGINIA,
Who served dwring the session commencing on the seventh day of December 1863, and termi¬
nating on the tenth day of 31arch 1864. •
FIRST CLASS.
City of Norfolk, William Mahone.
Isle of Wight, Nansemond and Surry, William H. Day.
City of Petersburg and county of Prince George, Robert R. Collier.
Charlotte and Mecklenburg, Charles Bruce.
Powhatan,, Cumberland and Chesterfield, Benjamin H. Nash.
Halifax, Richard Logan.
Bedford, James F. Johnson.
City of Williamsburg and counties of James City, Charles 1 r . t>
City, New Kent, York, Elizabeth City and Warwick, ... / l/YKUS J3RANCH-
City of Richmond, George W. Randolph.
Westmoreland, Richmond, Lancaster and Northumberland,.. George W. Lewis.
Caroline and. Spotsylvania, '. William D. Quesenberry.
Fairfax and Alexandria, William H. Dulany.
Fauquier and Rappahannock, Alexander J. Marshall.
Albemarle, William D. Hart.
Amherst, Nelson and Buckingham, Robert A. Coghill.
Hampshire, Hardy and Morgan, James D. Armstrong.
Shenandoah and Page, Mann Spitler.
Augusta, .' Bolivar Christian.
Alleghany, Botetourt, Roanoke and Craig, Robert M. Wiley.
Mercer, Giles, Monroe, Tazewell, McDowell, part of Buc- \ - w M WlTTEN
hanan and part of Bland, /
Lee, Scott, Russell, Wise and part of Buchanan, Robert M. Bales.
. Greenbrier, Fayette Raleigh, Nicholas, Braxton, Pochon-1 JogEpH A_ AldehS0Ni
tas, Clay and part of Webster, j
Wood, Ritchie, Doddridge, Pleasants and Harrison, Kenner B. Stephenson.
Lewis, Barbour, Upshur, Gilmer, Randolph, Tucker and ) j0IIN Brannon
part of Webster, j # 1
Ohio, Brooke and Hancock, Daniel M. Shriver.
SECOND CLASS.
Accomac and Northampton, : George T. Garrison.
Norfolk county and Princess Anne, George W. Grice.
Southampton, Sussex and Greenesville, Richmond F. Dillard.
Dinwiddie, Brunswick and Amelia, Thomas T. Jones.
Nottoway, Lunenburg and Prince Edward, Asa D. Dickinson.
Pittsylvania, Elisha F. Keen.
Franklin,. Patrick and Henry Peter Saunders, Sr.
Campbell and Appomattox, Charles H. Lynch.
Henrico and Hanover, John R. Garnett.
Middlesex, Gloucester and Matthews, Joseph Christian.
King William, King & Queen and Essex, Beverley B. Douglas.
Stafford, King George and Prince William, Edward T. Tayloe.
Loudoun, Charles B. Ball.
Madison, Culpeper, Orange and Greene, Morris D. Newman.
Louisa, Goochland and Fluvanna, John H. Guy.
Jefferson and Berkeley Andrew Hunter.
Clarke, Frederick and Warren, James H. Carson.
Rockingham and Pendleton, Samuel A. Coffman.
Rockbridge, Bath and Highland, William Frazier.
Carroll, Floyd, Grayson, Montgomery and Pulaski, James C. Taylor.
Smyth, Wythe, Washington, ^nd part of Bland, Joseph J. Graham.
Kanawha, Boone,Logan, Putnam, Wyoming, Roane and") jAMES m Lawson
Calhoun, ...j
Jackson, Mason, Cabell, Wayne and Wirt, William W. Newman.
Wetzel, Marshall, Marion and Tyler James Nebson,
Monongalia, Preston and Taylor, Charles W. Newlon,
30
DOC. No. I.
Doc. No. 1.
3
Communication from, President Davis.
confederate ^tates of america, executive department,
Richmond, Va., Nov. 26, 1863.
Sir:
In conformity with an act passed }>y the legislature of Virginia on the 3d Octo-
ber*1862, and on the recommendation of the secretary of war, I have the honor to call
upon your excellency for five thousand slaves, to be employed on the fortifications in
this state.
Very respectfully and truly yours,
JEFFN. DAVIS.
His Excellency John Letcher,
Governor of Virginia.
4
Doc. No. 1.
Communication from Lieut. J. B. Stanard.
Pay Office Engineer Department, C. 15.
Richmond, Sept. 30, 1863.
Colonel:
1 have delayed till now the preparation of the accompanying lists of coun¬
ties, upon which to base a call for 5000 additional slaves, in the hope that I should
obtain promptly from the clerks of the respective counties (to whom I addressed a cir¬
cular letter upon the subject on the 22d instant) information as to the number of male
slaves between the ages of 18 and 55 years, liable to impressment under the act of
March 13th, 1863, and which I considered necessary to enable me to make a proper and
equal apportionment of the quota to be called for from each county.
Thus far, however, I have received returns from clerks of four counties only. As
they come in so slowly, and to avoid farther delay in sending you a list, I have assumed
such returns as I have, as a basis upon which to estimate the number between the ages
specified. This plan, it is presumed, gives as close an approximation of the number as
can be obtained in the absence of any official report, and is perhaps sufficiently accu¬
rate for the present call.
The number of slaves assessed in each county in 1862, as per financial statement of
the auditor of public accounts for January 1863, shows a considerable decrease as com¬
pared with the census of 1860 ; but believing the former to be more reliable, I have as¬
sumed twenty per cent, of the entire slave population as a fair proportion of the slaves
of the ages specified. The returns which I have received indicate that in three out
four of the counties, the per centage is more than one-sixth and less than one-fifth.
You will observe that I have included in the present call all of the counties men¬
tioned in the list of August, with the exception of the counties of Southampton and
Spotsylvania, from which it is believed impracticable to get any more slaves.
Very respectfully,
Your ob't serv't,
JOHN B. STANARD,
1st Lt. Eng'rs,
Col. W. II. Stevens,
C. S. Eng'rs and Ch'f of Conscription.
C J ?ro -1 c 5 s J3 :
^?3gS.S£o5&2,S:S'«'=?-2.
o S-^2 crcit' ™ ~ ■T § ? £. -"" 'W ■? 2 n o —
2,o,?»Ht O « J. ^ S = ^ s
g-psta-"
g 2.- - sr ^ <*i-l'o°
£ a c. 3- - 3
Slave population, per
oo o to cji w si ^ -jh ^ o m o m <oi i oth census.
OOlOUIfflBCOO - -
£a>°o<35 -Tcotococooo »f>. if*, to cn -j I No of slaves assessed
oOiHWW^MiBMHH^oiitkMaiai^ l "• OI slaves assessed
Mio-iMttioi^oii-uoffltjiM<iooo)~r in 1862.
Oi CDt o *^T yitOWWifi.i-'COOOSHOfcO I
I I I 1 I I I
t I W I I I I I I
No. of slaves between
18 and 55 years.
20 per cent, quota of
I I I I I I I 1 1 I to t | i | | | | | slaves between 18
"* 55 years.
iM u I to I |
«s3l_. M to M M M ta V-" (£. tsS *
I MtOHOi-'fflOtoOMl-'Wmciili.
-^coCT05Co-^OKrdowwooc!Ow
(-**-« W to M to H
U<05CDWQi<rc.laTOCOfcOWC3Cr500U«
oooooooooooooooooo
COfcOrf^)—•»—'CO^T-^TO^CTTfcsOl—• _ _
oooooooooooooooooo
CD CD O H M)
a £.0
ro £ o
O Do
o Co
3 2 B
a* vg a*
_ to
~B
•
Ote!
o o
2 ^
. 2 a
■B 3
CT q-
(5 <T>
Former calls.
Under act of Oc¬
tober 3, 1862.
Quota called for in first
call under act March
13. 1863.
Quota called for.
About average date of
expiration of present
term of service.
Gq
'i *°M '°oa
ftl^d ^3
O B p
9? 5s _
cr g, a
2,Epr
2. ^ o »%
? a
£
t?3 S
a- n
<1 JO
a,
p 0=3 ®
So si
: ST o
Oj 3
'jq
D S3
o o _
a B 2 o--
tr- 3 a
c o ^
-5 ,1»)
03 ^ "*
3 s
: vT
o
w.
<& ?D
3 H.
>'~S '
pc t» -
K O +
" P
2®cp
h-» »—« to b-t
WMM<^OTOC:OWtM>5-JOUtO CD C5 ^ t—• rf^-05
CDCTOWW^H^Mi^WtOWMOO J ^GOOl-TM^CD^OO:
030D-T4xf,OHOW-COHCO^^ COCD^-TCOO5OO-T0<^
^cooHOWHOocoo-i^wwcor- ^^<roow-T^ui^H
Slave population, per
8th census.
WHMOtOCTCiDCnWi^tO-vTCO^<DCOi^ 0* CC i— OX
COO)OOCOWtOCOWOJi^tOMtOr-OOWQ-JCT-^-T0a)CO<rOO
COW-JrODa^AUTCDWWHC5COMCTtC-JU»OOiQ,t«:--JCOCO
WDbiCOMDWbODHCHbOCOCO^rOT^HOHCOaJWOO^H-T
No. of slaves assessed
in 1862.
cfea
.
1 1 1 to 1 I I | o | I f | ! I I I I I 1 I { I I I 1 I
o o
00 o *
No. of slaves between
18 and 55 years.
^ ^ I 20 per cent, quota of
I 1 I £>- 1 I I I clo I 1 1 ! 1 1 1 1 1 1 1 I I 1 1 I 1 I I slaves between 18
*-* <=> j and 55 years.
1 1 1 * * * 1 *® 5 1 1 S 1 1 * * *S 1 1 * * 1 1 -* 1 ! Former calls.
© 1*5 -T © (— I
NUMBER OF
SLAVES FURNISHED. |
t—i === 'jj h h m to h h w h | h h to •—■ to 1 Under act of Oc-
co -r to c* to © o» co ^ h- co co cn © bo to co © i—« to co i tober 3,1862.
Ol Oi CD Q O <T CO © Cl © © 00 CO W CO ifk © w 05 0 -T CO © '
I—11 W H1 H H' 1—'to 1—• *—< »—• 1—* ♦—• CO t—'
0ttf^Oi«OC©Oi©^UitOCt©Q^WOlOMCt©COMOO-T
oooooo©©©©©©©©©©©©©©©©©©©©©
Quota called for in first
call under act March
13, 1863.
K- K-1 h-« to I—* K—' H-»
0OiOiH0HHM00COCiWOT©^COOO^HM©0O5Mi-H
©©©©©©©©©©©©©©©©©©©©©©©©©©©
Quota called for.
December 6
" 6
m December 1
« 15
December 15
November 20
December 12
" 15
" 15
December 20
November 23
" 25
December 10
» >0
" 1
December 10
About average date of
expiration of present
term of service.
"i -ojn:
9
Roanoke,
Rockingham, J
Russell,;);
Southampton,J
Spotsylvania,
Sussex,
Smyth,J
Tazewell,J
Washington,J
Wythe,J
2643
2763
2387
2164
1090
1061
5409
5081
7786
-
6384
6043
1037
1044
1202
-1124
2548
2319
2162
1941
547
84
6
10
80
65
60
70
100
60
50
40
50-
30
50
30
50
50
60
* 50
70
80
60
60
5000
November 25
December 20
# Cannot be stated from any records in this office. J Exempted counties,
f None furnished, first call. $ Reported by clerks of county courts.
|| Unofficially reported.
Respectfully submitted by
JOHN B. STANARD, 1 »t Lieut. Engineers.
8
Doc. No. 1.
Communication from Col. Wm. H. Stephens.
Headquarters Engineer Department, D. N. V,
Richmond, Dec. 1, 1863.
Governor:
I have the honor to inform yon that the county court of Pittsylvania has
entirely ignored the call for'300 negroes, made August 31st, 1863. 1 ordered the sheriff
of said county to turn over these negroes, for work on defences at Danville, to Col. R.
E. Withers.
Enclosed, I send a communication from Col. Withers; also one from L. Scruggs, clerk
of court, to Col. Withers.
In view of the facts presented in these communications, I have the honor to request
that you cause said county court to furnish Col. Withers with said negroes without
delay.
I have the honor to be,
Very respectfully, your ob't serv't,
His Excellency John Letcher,
Governor of Virginia.
W. H. STEVENS, Col. Eng's.
Doc. No. 1.
Communication from Col. R. E. Withers.
Commandant's Office,
Danville, Nov. 28, 1863.
Dear Colonel:
The sheriff of Pittsylvania county has never furnished me with the
quota of hands with which that county was assessed for working on defences, and I
write to suggest the necessity of some action being taken by the executive in the mat¬
ter. I sent your order to the sheriff, and he informs me that no, order of court has been
made in the case, and consequently he is unable to do any thing in the premises. I
wrote to the clerk of the county, and enclose his reply.
I suppose you will report the facts, and the remedy will have to come through the
executive of Virginia.
Soliciting your early attention to the matter, ! am, Colonel,
Very truly, your friend and servant,
R. E. WITHERS,
Col. Comm'df Post.
Col. Stevens, Chief Eng'rs, $c.
%
10
Doc. No. 1.
Communication from L. Scruggs, Esq.
Pittsylvania County Court Clerk's Office,
Nov. 26, 1863.
Dear Sir ;
In answer to your letter, I have to say that the court failed at the last
term to take any steps with regard to slaves. The subject was not called to the atten¬
tion of the court. Col. Blair (the presiding justice) told me three or four weeks ago
that he had received a draft on the county for slaves, bat that he had been advised aot
to take any steps, and I have not heard any thing from him on the subject since.
Respectfully,
L. SCRUGGS, Clerk.
Col. Withers.
Doc. No. 1.
11
Report of Quartermaster General Smoot.
Quartermaster General's Office Ya. Forces,
Richmond, November 30, 1863.
Grneral:
In view of the approaching regular session of the assembly, I have the
honor to transmit herewith the annual report of this office.
Yery respectfully,
Your ob't servant,
L. R. SMOOT,
Q. M. Gen. of Va.
Gen. W. H. H. Richardson,
Adjutant General p/ Va.
12
Doc. No. 1.
Quartermaster General's Office Va. Forces,
hichmond, Va., November 30, 1863.
General:
The reports of this office, dated Lynchburg, Va., December 2*7tb, 1862,
and February 3d, 1863, contains such full and detailed information relative to its ope¬
rations in connection with the state line troops, as to make it unnecessary to do more
than refer to the fact of the disbanding of that force, agreeably to legislation, on and
after April 1st, 1863, and to my subsequent acts under that law. To a great extent,
even this information has already been communicated to his excellency the governor, in
the report from this office, dated August 24th, 1863. See Appendix to the Governor's
Message, extra session 1863, part 2, Document No. 1.
By reference to that document, it will be perceived that the aggregate of sales of sup¬
plies of all kinds to the confederate government between April 7th and July 30th, 1863,
amounted to five hundred and fourteen thousand six hundred and ninety-seven dollars
and ninety-two cents. No further sales on certified accounts of that kind have been
made to the confederate government.
C %
The further sum of two hundred and sixty thousand three hundred and four dollars
and thirty cents has been realized from the sales of property, the price of which was
paid directly into the hands of officers of this department, and accounted far by them.
For the character of these sales, reference is made to paragraph 4 of the document last
referred to.
A further sum will be realized on account of deductions made and to be made by [he
pay department on account of overissues of clothing, &c.j to non-commissioned officers
and privates, by regimental quartermasters, and for property unaccounted for by officers
connected with that commaad.
These accounts are necessary to a proper understanding of the actual expense of this
command, on account of the quartermaster's and commissary departments, both of
which were under the control and direction of this office.
The books of this office show that expenditures are claimed, on these accounts, to
the extent of one million two hundred and ninety-five thousand four hundred and
eighty-one dollars and eighty-six cents—the difference between receipts from sales and
the amount claimed as disbursed being five hundred and twenty thousand four hundred
and seventy-nine dollars and sixty-four cents. To this last named sum should be
added such amount as the auditing board of Virginia have paid directly, on quarter¬
master and commissary accounts, .to other parties, which it is believed, in the absence
of official data, will not exceed the sum of forty thousand dollars.
From these results I feel warranted in saying that the expense of the state line troops
on account of the quartermaster and commissary departments, can under no circum¬
stances exceed the sum of six hundred thousand dollars—the sum now in the hands of
the disbursing officer at this post being ample, in my opinion, to meet all outstanding
claims.
Doc. No. 1.
13
The account of this office with the treasurer of the state shows the receipts to have
been one million two hundred and twenty-five thousand dollars, and the payments to
have been six hundred and thirty-six thousand five hundred and seventeen dollars and
ninety-two cents. The difference between the amount claimed to have been disbursed,
less recei[4s, and that due the treasury, being sixty-eight thousand and two dollars and
forty-four cents, is in the hands of officers of this department—the larger portion being
in the hands of the disbursing officer at this post, applicable to the payment of out¬
standing claims utder the direction of this office, or that of the auditing board of Vir¬
ginia.
No credit is claimed in these calculations for deductions made and to be made by the
pay department, which it is believed will reach a considerable sum—the gross sum re¬
ported by the paymaster general, aa stopped, being eighty-four thousand and twenty
dollars and eighty-five*cents.
There are now on file in this office returns of accounts from forty eight quartermas¬
ters) assistant quartermasters, acting assistant quartermasters, and the line and com¬
pany officers of the state line, involving the expenditure of the above named sum of
$1,295,481 86, and the disposition of the immense amounts of property purchased with
it. Some progress has been made in the settlement of these accounts. It has been
regarded as of much importance to have them adjusted with as little delay as possible,
as these officers have many of them entered the confederate service; and owing to the
distant points to which they have removed, it is difficult and often impossible to have
the communication with them that is necessary for the speedy settlement of their ac¬
counts. Every effort will be made to close the state line accounts at the earliest pos¬
sible day.
In addition to the duties above mentioned, this office is charged with the settlement
of the accounts of the various quartermasters and agents of the late volunteer army of
Virginia, and the payment of all outstanding accomnts and balances due by the state,
contracted by the engineer department of Virginia in its operations.
It will be remembered, that at the beginning of the war a largo force was raised by
the state, which was not turned over to the confederate government until the 30th June
1861. Large sums of money v#ere disbursed by quartermasters of that force, and their
accounts have been in process of settlement at this office preparatory to making out
the account of the state against the confederal^ government for these expenditures.
When the state line was established, the force of this department was almost entirely
occupied in the onerous and pressing duties of procuring and distributing the stores
required by that command, and the adjustment of the accounts pertaining to the vol¬
unteer army, was necessarily to a great extent suspended.
The books of this office show that the sum of twelve thousand five hundred and
fifty-two dollars and sixty-nine cents has been received on account of sales of property,
and from other sources on this account, to 30th September 1863, the end of the last
quarter. They also show that expenditures are claimed to the extent of one million
four hundred and forty-seven thousand eight hundred and seventy-four dollars and six
cents—the difference between receipts from sales and the amount claimed as disbursed,
being one million four hundred and thirty-five thousand three hundred and twenty-one
dollars and thirty-seven cents.
The account of this office with the treasurer, shows the receipts to have been one
million four hundred and ninety-four thousand six hundred and sixty-five dollars and
14
Doc. No. 1.
thirty-six cents, and the payments to have been thirty-two thousand six hundred and
fifty-two dollars and fifty-six cents. The difference between the amount claimed to
have been disbursed and that due the treasury, viz : twenty-six thousand six hundred
and ninety-one dollars and forty-three cents, being in the hands of officers, agents, &c.,
of which only three thousand one hundred and two dollars and fifty-three cents was
available on the 30th September last, in the hands of the disbursing officer at this post.
This office has no official information of the amount paid directly by the auditing board
to claimants on accounts against the volunteer force pertaining to this department, but
they must eventually be embraced in the account of the state against the confederate
government. '
The entire force of this office is now reduced to the chief and four assistants. Of
these, one has been engaged in disbursing at this post and in examining accounts of
the volunteer force, one has been in the field collecting property at the widely dispersed
points at which troops were stationed when the state line was disbanded, and disposing
of the same, one in settling the accounts of line and company officers, and the clothing
accounts of non-commissioned officers and privates, and one in the examination of the
accounts of the state line quartermasters preparatory to reporting them, with any errors
that may be foundxin them, to the auditing board for final adjudication. These accounts
in'volve large amounts of money and much property, are voluminous and intricate, and
their complete examination will require much labor and time. Such a disposition will be
made of the force now at the command of the department, as to secure a final settle¬
ment at the earliest possible time consistent with justice to the state and the officers
concerned.
I am, very respectfully,
Your obedient servant,
L. R. SMOOf,
Q. 31. Gen. of Va.
Gen. W. H. Richardson,
Adjutant Gen. of Va.
Doc. No. 1.
15
Report of Paymaster Generul Hill.
Paymaster General's Oepice,
Lynchburg, Dec. 1, 1863.
General:
I have the honor to report, for the information of the governor, that this
department, since its organization, has received from the state treasury two millions
two hundred and ten thousand dollars for the payment of the volunteers and militia,
and there has been expended in paying the same (including $5,373 24 to the mountain
rangers) two millions two hundred and thirty-five thousand seven hundred and forty-
seven dollars and thirty-three cents. Statements of the accounts of the paymasters
making these expenditures (except $81,603 39 paid by the present paymasters) were
forwarded to the auditing board in September 1862, and the vouchers in support thereof
were reported as subject to their order and ready for examination. They were not,
however, called for until September of the present year.
It will be seen that the expenditures for volunteers, militia, and rangers, exceed the
amount drawn for that object, by $25,747 33 ; which amount was taken from the funds
on hand received for the use of the state line.
I have received, under the appropriation for the state line of Virginia, five hundred
and thirty thousand dollars, and have expended in the payment of that army four hun¬
dred and twenty-nine thousand ahid forty-six dollars and six cents, including $43,677 59
paid to the mountain rangers attached to and acting with the state line troops, leaving
a balance on the whole accou«lt due the state by this department, of seventy-five thou¬
sand two hundred and six dol.lprs.-and sixty-one cents, as follows ;
«
Amount received for payment of volunteers and militia,
t" " " state line,
Expended in paying volunteers and militia, - - 2,230,374 09
State line, - - - - - 385,368 47
Mountain rangers^ - 49,050 83
Balance on hand Nov. 15, 1863,
A report having been circulated among the members of the legislature, at its last
session, to the effect that this department had been frequently called on for returns, and
had failed to respond, justice to myself and the officers of this department requires me
to declare that such a charge is without foundation in fact.
The payments that this department has been called on to make are very different in
2,210,000 00
530,000 00
2,740,000 00
2,664,793 39
$75,206 61
16
Doc. No. 1.
many respects from those made to a regular army. In a regular army a periodical re¬
port is made, and those absent at pay day from any cause have their accounts trans¬
ferred to future rolls, and are paid at the next payment, if present. The payments by
this department to volunteers were on final rolls, and of*course Could not be managed
in that way.
When the department undertook to pay these volunteers, they found them much scat¬
tered throughout the confederate army, and much time and labor had to be expended
before finding them; and even then a large number of men were absent from their
companies. Many have never been found to this day. In consequence of this, and
the fact that owing to the inexperience of officers at that time, this department had to
make out two entire rolls of each company paid, it will not be a matter of astonishment
that these payments should be much delayed.
Early in the year 1862, as the governor will remember, in order to save expense to
the state, I reported to him that I would dispense with the services of all the paymas¬
ters, and all save three of the clerks, and would (although not required to do so under
the law) make the remaining payments myself, unless other troops were called into the
field. This I did until October 1862, when, perceiving from the increase of the state
line that it would be impossible for me to continue it, I asked the governor to appoint
paymasters, which he did, by appointing the three clerks in the department. These
officers have served since, without clerks ; nor have I had a clerk in the office—they
doing all the duties of paymasters and clerks.
Now, in reference to the payments to the Virginia state line, although I made re¬
peated efforts to get returns from that force, my efforts were for a long time fruitless,
excepting four companies, to 30th September 1862. It was not until about the 15th
January 1863 that I succeeded in getting any rolls to pay on. The paymasters were
then sent into the field. The troops were found very much scattered, and before the
payment could be completed to 31st December 1862, the legislature passed, first, the act
transferring the force to the Confederate States, and afterwards the act disbanding it.
This action caused great confusion, and resulted in the disffandment of the force with¬
out a muster on which to pay.
I used every effort, by notice in the papers and otherwise, to get the final rolls in; and
after the lapse of months I succeeded in getting a commencement. When the rolls
came, however, I found most of them so loosely made and so incorrect, that I was com¬
pelled to have them compared with the first rolls paid; and I also, with the governor's
approbation, required each company commander to make oath to the correctness of his
rolls. Without these precautions, a great many men would have received pay who
were not entitled to it, being deserters, &c.
All this consumed much time; and as the payment was a final one, it was necessary
to keep in the office both sets of rolls ; the first to compare by—the others to complete
the payments to men who were sick, absent with leave, or on detailed service. No ab¬
stract rolls could be made, as there was no clerical force in the office adequate for the
purpose, the paymasters being employed in the payments.
The legislature have passed a law closing this department on the 1st proximo. They
doubtless did what in their judgment was for the interest of the state. Therefore I
do not complain; but from my experience in the settlement of military accounts, I am
clearly of the opinion that the state will lose more from want of experience in the set-
Doc. No. 1.
17
tlement of these accounts than will pay the present expenses of this department three¬
fold. If more troops are to be called into tjje field, there can be no doubt of the fact.
There are nine companies paid to 31st December 1862, yet unpaid to 31st March 1863,
not heard from, and there are. twenty-three companies which .are yet to be paid the
commutation for clothing—this office not having received clothing returns for same.
I am, general, very respectfully,
Your obedient servant,
HENRY HILL,
Paymaster General Va. Forces.
P. S.—From the rolls returned to this office for pay to 31st December 1862, I find
there were 42 companies, containing 2,979, rank and file, of the state line, and three
companies, 320 rank and file, of rangers. There were a good many ^enlistments after
that date, but the rolls not being all in, I cannot give the number.
Gen. W. H. Richardson,
Adjutant General of Virginia.
18
Doc. No. 1.
Communication from Captain BucTiholtz.
Virginia Ordnance Department,
Richmond, Nor. 12, 1863.
Governor:
The magazine designed for storing powder and ammunition, is not large
enough for the requirements of the ordnance department. An additional house is
needed. One of plank, 18 by 25 feet, would answer the purpose, and would cost about
$600.
The guns, artillery carriages and artillery implements are too much exposed to the
influence of the weather, and if not properly sheltered, will be injured, and after some
time become useless. To shelter them, it would require two sheds, each 150 feet long
by 16 feet wide, and their cost will be about $2,000, and the state will save many thou¬
sand dollars.
I beg leave to lay this matter before you, and request you to give it your earliest
consideration.
I have the honor to be,
Most respectfully,
Your ob't serv't,
L. V. BUCfiHOLTZ,
Capt. Ord. in charge Va. Ord. Dep.
Hit Excellency John Letcher,
Governor of Virginia.
DOC. No. II.
COMMUNICATION
PROM THE
AUDITOR OR PUBLIC ACCOUNTS
RESPONSIVE TO A
SENATE RESOLUTION.
DECEMBER 0, 1863.
Doc. No. 2.
AUDITOR'S OFFICE, Richmond Ya.
R. L. Montague, Esq.,
President of the Senate: 0
Sir,
I herewith transmit a table prepared in pursuance of a resolution of the
senate, adopted on the 31st day of October last, showing the amount offyjevenue as¬
sessed in-each of the counties and corporations of this commonwealth, and placed on
the commissioner's property book, under the 11th section of the act imposing taxes for
the support of government, passed March 28th, 1863, which taxes "all profits from any
licensed trade, business or occupation ; all profits .from the use of money by another,
for the benefit of the owner thereof; all profits from buying and selling, or from the
exchange of real or personal property, or from buying and selling or from the exchange
of bonds, public and private, stocks and other choses in action, and all profits from any
other trading and speculating." Showing also the amount of revenue assessed therein
on licenses, in pursuance of the 71st section of said act on the occupations following,
to wit: "Mining for coal, iron or other ores and minerals, and the sale of the products
thereof; the manufacture and sale of salt, iron and other metals, aud the sale of salt
water or copperas ; the manufacture and sale of cotton and woollen fabrics made byl;he
use of machinery worked by steam or water power; the manufacture and sale of paper
of all kinds ; the manufacture and sale of leather; the manufacture and sale of boots,
shoes and the like; and the manufacture and sale of flour from grain not raised nor
received as toll for grinding by the miller."
The particular class of business taxed under the IIth section of the act cannot be
stated; that under the list section is given—the commissioner of the revenue having
in the one case omitted, and in the other, stated the business.
I would thank you to lay the table before the senate.
I am, very respectfully,
Your most obedient serv't,
J. M. BENNETT,
Aud. Pub. Acct's.
TA3LE
Showing the names of persons assessed with taxes on profits in the several counties and corporations from which returns have been received, and
the amount of profits for which each person is assessed ; distinguishing the amounts listed in the property books of the commissioners of the
revenue from the amounts derived from licenses. Showing also the aggregate amount of taxes from profits in each county and corporation and
in the whole commonwealth.
NAMES OF PERSONS ASSESSED.
RESIDENCE.
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from li¬
censes.
Aggregate of
profits from
both returns.
Total tax on
all profits.
Amis, Charles B., -
Amis, Eli, -
Bacon, P. E., -
Bates, Rowland H., -
Dawson, George W., -
Dillard, George W., -
Flannagan, B. 0., -
Flannagan, B. 0. & Co., -
Harman, JR.,
Hornsey, C.,
Letterman & Brother, ...
Lobban, James, -
Martin, J. S. & Shepherd J. F.,
Mason & Lewis, -
Massie, N. H., -
Moon, Samuel 0., -
Moore, George, •
Oberdoffer, B., ...
Pace, John J.,
Ragland, Chas, M. & Hill, James C.,
Albemarle,
<<
it
u
tt
tt
it
tt
tt
tt
tt
tt
a
tt
tt
tt
tt
tt
it
Tanner,
Tanner,
Cotton & wool fac'y,
Tanner,
Millers,
2000 00
1650 00
5000 00
12000 00
50000 00
3000 00
12000 00
3000 00
2000 00
523 00
1000 00
3000 00
2000 00
4350 00
8000 00
1000 00
500 00
20000 00
500 00
12000 00
TABLE-(Continued.)
NAMES OF PERSONS ASSESSED.
RESIDENCE.
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from li¬
censes.
Aggregate of
profits from
both returns.
Total tax on
all profits. »
Scottsville Manufacturing: Comnanv
Shaekleford, B. H., - .
Watson, E. R
Wills, F. M., - I
Wood, John jr., -
Albemarle,
u
u
<c
u
Cotton & wool fac'y,
3000 00
350 00
2000 00
4880 00
31500 00
Total,
-
-
$119753 00
$05500 00
185253 30
18525 30
Horner, Joseph E,,
Kent & Turner, .
Totvnley, W. T. D. & J. W. S., - I
Amherst,
n
a
Miller,
ii
Tanner,
-
9215 00
5200 00
6000 00
Total,
-
-
-
$20475 00
20475 00
2047 50
Higbee, A.,
Franklin, John R. & Bro.,
Pamplin, Nicholas,
Pankey, Peter L.,
Pankey & Glover, -
Pankey, Peter P., 1
Robertson, Edward C.,
White, A. B., "
Appomattox,
u
it
it
ii
it
<1
(t
Tanner,
Tanner,
Tanner,
2000 00
400 00
4000 00
1000 00
3700 00
5000 00
4000 00
4000 00
Total,
-
. -
$11100 00
$13000 00
24100 00
2410 00
Austin, Philander S.,
Gallaher, H. L.,
Same, -
Ilizer, Jaraes, -
Hogshead, Elijah, -
Lang:, Solomon,
McGuffin, J. D., -
Augusta,
n
«
Cl
a
ti
a
Tanner,
ii
ii
ii
n
2012 00
4000 00
17209 30
1000 00
6500 00
1000 00
1000 00
Moffeld, James S.,
Parkins, J. J. & J. H., -
Pel ter, Joseph, ...
Shumate, Wm. J., -
Smith, John B.,
Smith, Wm. F., ...
Swink, Washington,
Yines, Miller & Co., -
White, Thomf-S J-, asm
Young & Crawford, ....
(t
u
u
tt
tt
tt
tt
tt
tt
tt
Tanner,
Tanner,
Wool factory,
3004 00
2000 00
2000 00
7000 00
1000 00
10000 00
2034 00
2000 00
500 00
47000 00
Total,
-
-
$33050 50
$76209 30
109259 00
10925 98
Almond & Brother, -
Cundiff, Elijah C., -
Graves, William, -
Matthew & Wright, ...
Peters, Wesley,
Reese & Shelton,- . . _
Robertson, Nicholas, -
Stewart, Samuel G., t
Stewart, S. G. & Co., -
Bedford,
<<
tt
a
tt
tt
((
tt
tt
-
21000 00
1000 00
5000 00
1000 00
1000*00
1000 00
2000 00
9180-00
1599 00
Total,
-
-
' $48799 00
48799 00
879 90
Carper, Charles H. & James M.,
Botetourt,
Tanner,
-
$1886 24
886 24
85 62
Edmunds, N. S.,
Macklin. Nancy D., - - -
Ross & Kirkland, ...
Russell, Warren, - i
Brunswick,
tt
tt
it
Tanner,
(<
1000 00
11000 00
5667 20
500 00
Total,
- ■
-
$1000 00
$17167 20,
18167 20
1816 72
Anth'ony, A. jr., ...
Bass, John S.,
Boyd, Andrew,
Camp, A. J. & Co., - - -
Crenshaw, R. W-, ^
Campbell,
<(
it
It
tt
-
4110 00
3000 00
18690 00
^20420 00
17300 00
TABLE- (Continued.)
NAMES OF PERSONS ASSESSED.
Douglas, M. A. & M. J.,
Ford,<fc Co.,
Hall, William,
Hafsey, Seth,
Hancock, A. G.,
Jennings, Joel W.,
Kinnier, Alexander,
Land, E. B. & Son,
Langhorne & Scott,
Massie, Charles H.,
Miller, William D.,
Scott, Charles,
Smith & Woodroof,
Simpson, Alexander,
Stone, John W,,
Taliaferro, N. C.,
Ward, A. W. & Co.,
Winfree & Allen,
Total,
Broaddrel, Ro. S.,
Broaddrel & Dejarnette, -
Martin, John Y.,
Kind of business li¬
censed.
Campbell,
Total,
Green, E. B.,
Baird, Ro.,
Calligan, Thomas,
Clover Hill Co.,
Tanner,
Miller,
Caroline,
Charlotte,
Chesterfield,
[Amount of pro¬
fits assessed
on property
| books.
Am't of pro¬
fits from li¬
censes.
480 00
32(100 00
9000 00
15000 00
50000 00
3000 00
17050 00
18000 Of)
113050 00
19190 00
4730 00
5000 00
20000 00
30000 00
27000 00
30000 00
Tanner,
Tanner,
Foundry,
a
Coal & iron mining,
$440320 00
Aggregate of
profits from
both returns.
900 00
900 00
5000 00
27000 00
$49300 00
1500 00
$1800 00
$1500 00
$3500 00
500 00
800 00
4258 80
Total tax on
all profits.
495620 00
3300 00
3500 00
49562 00
330 00
350 00
Clover hill R. R, Co.,
Cogbill, Week & Co.,
Dickinson & Co.,
Ettriek Co.,
Foizey, Wra. C.,
Hall & Co.,
Jackson & Bro.,
James River Co.,
Jewitt & Co.,
Kelley, Tackett & Ford,
Manchester Co.,
Matoica Co.,
boMechanics Co.,
Midlothian Co.,
Morrisett, J. L.,
Nystrom,
Soot & Gardner,
Total
Leigon, John A.,
Brown, James F.,
Gorrell, Benj. H.,
Hudson, James B.,
Latham, F. M.,
Nelson, Lewis P.,
Stark, John S.,
Total,
Malone, Daniel,
Roffe, John R.,
Slater, J. M.,
Williamson, Ed. F.,
Total
Colliers,
Millers,
Colliers,
Cotton factory,
Colliers,
tl
Millers,
Cotton factory,
Colliers,
Woollen factory,
Cotton & wool fac'y,
Cotton factory,
U
Colliers,
it
u
<(
Farmer,
-
25934
50
-
6900
00
-
1000
00
-
355685
97
-
logo
00
-
13545
80
-
7000
00
-
151000
00
-
1000
00
-
12000
00
-
279120*
00
-
336937
13
-
840C0
00
-
43600
00
-
2700
00
-
3000
00
-
1000
00
-
1331042
20
$2000 00
-
1331042 20
2000 00
133104 22
200 00
5000 00
7000 00
3000 00
1500 00
3500 00
10000 00
J&30000 00
3000 00
300 00
500 00
1000 00
$4800 00
30000 00
4800 00
T -A. B L B — (Continued.)
NAMES OF PERSONS ASSESSED.
Newbill, William G.,
Smith & Dillard,
Total,
Hylton, Bryant,
Howery Fleming,
Kirby, A. J.,
Lesuer, J. W.,
Williamson, F. W.,
Total,
Farrar, David S.,
Hodgson, Joseph,
Perkins, Thomas H.,
Total,
Price & Hart,
Benson & Karrens,
Ludington, Samuel C.,
Total,
Jacobs, William,
Adkisson, Isaac,
Adkisson, Clement M.,
Total,
RESIDENCE.
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from li¬
censes.
Aggregate of
profits fror%
both returns.
Total tax on
all profits.
Essex,
H
-
10000 00
5500 00
—
-
$15500 00
-
15500 00
1550 00
Floyd,
a
-
1000 00
a
a
Tanner,
2000 00
6000 00
a
-
3178 00
9000 00
Fluvanna,
a
-
$6178 00
$15000 00
21178 00
2117 80
-
4000 00
u
%
5000 00
2468 00
-
$11468 00
-
11468 00
1146 80
Franklin, •
Tanners,
-
$4000 00
4000 00.
400 00
Greenbrier,
-
1317 75
~
10000 00
—
-
$11317 75
-
11317 75
1131 78
Greene,
-
$2000 00
2000 00
200 00
Halifax,
-
3000 00
1300 00
•
—
-
$4300 00 |
-
4300 00
430 00
Lipscomb, James A.,
Altmeyer, M.,
Armistead, Wm. A.,
Braner, Frederick,
Braner, Fred. C.,
Briell, Henry, . -
Cauthorn, R.,
Cook, E. B.,
Cowardin & Hammersley,
Craig, Wm. H.,
Crew, C, & Spn,
Cullingswortb, Wm.,
Dudley-, John A.,
Dupree, Wm. S.,
Gunr., James,
Hambleton, Bros. & Co.,
Heckler, Valentine, jr.,
Jennings, John N.,
King, Alfred,
Kirsh, Joseph,
Lindsey, John,
Lipscomb, C. B.,
Powell, Joseph F.,
Randolph, J. W.,
S.chaaff, Wm.,
Shuarty, S.,
Sledd, William,
Sledd, Wm. K.,
Stearns, Franklin,
Still, Robert H.,
Yon Groning, Daniel,
Wayne, William, sr.,
West & Johnston,
Total
Dyer, Stnltz & Co.,
France, Harrison C.,
$1000 00
1000 00
100 00
7300
00
2300
00
1000
00
30000
00
3000
00
15845
00
5000
00
3G750
00
1000
00
13300
00
3000
00
2300
00
5000
00
2000
00
23500
00
10000
00
3000
00
40000
00
5000
00
13420
00
4773
00
30000
00
36900
00
1000
00
3000
00
1000
00
2000
00
4877
00
4000
00
16000
00
1000
00
20000
00
$347265 00
625 00
2200 00
T .A. BLE - (Continued.)
to
names of persons assessed.
residence.
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
Ara't of pro¬
fits from li¬
censes.
Aggregate of
profits from
both returns.
Total tax on
all profits.
Graveley, Benj. f.,
Mitchell, Josiah T. & Ed. R.,
Stultz & Burnett, -
Trent, William B.,
Watkins, Peter W., -
Henrv,
11
U
O
-
7000 0U
3446 00
370(10 00
4750 00
2200 00
Total,
-
-
|I57221 00
-
57221 00
5722 10
Adams, Thomas & Co., -
Isle of Wight,
Tanner,
-
$500 00
500 00
50 00
Gresham, Benjamin F,,
Ryland & Carlton, ...
King & Queen,
Millers,
2000 00
5000 00
.
Total,
-
-
$2000 00
$5000 00
7000 00
700 00
Baughan, Matthew W., . •
Bickers. James M., •
Carpenter, Richard C., -
Gooch, Robert T.,
Thomas, John M., -
Louisa,
U
{(
<<
(f
Tanner,
Tanner,
u
u
5000 00
2000 00
♦ 500 00
2000 00
4700 00
Total,
-
-
$5000 00
$9200 00
14200 00
1420 00
Elder, Hardy & Co.,
Hardy, Hill & Co.,
,
Lunenburg,
a
Tanners,
U
-
1000 00
9000 00
Total,
-
-
$10000 00
10000 00
1000 00
Early, William L.,
Gordon & Co.,
Lauck. Peter C.,
Steigle, David B.,
-
Madison,
it
it
Tanner,
3000 00
3527 00
1500 00
4021 50
Strickler, M. 0.,
_
a
686
00
Taylor, John W.,
-
a
Tanner,
-
16000 00
Total,
-
-
$8713 00
$20021 00
28734
50
2873
45
Boyd, John G.,
-
-
Mecklenburg,
-
4000
00
Finch, L. E.,
-
u
-
22000
00
Morton & Watkins,
-
-
u
_
865
00
Overby, R. Y.,
-
(£
-
57078
00
Total,
-
-
$83943
50
-
83943
50
8394
35
Brown, Edwin M.,
_
_
Monroe,
—
2196
00
Neal & Maddy,
-
*
U
-
7510
53
Neal, Wm. F.,
_
u
Tanner,
-
500 00
Nickell, J. M. & Co.,
_
u
-
500 00
Nickell, Hutchinson & Nickell,
_
_
' a
Wool factory,
-
200 00
Spangler, Lewis,
-
u
Tanner,
-
1000 00
>♦
o
o
Total,
-
-
-
$9706
53
$2200 00
11906
53
1190
65
o
Green & Peck,
-
_
Montgomery,
it
Tanner,
_
2000 00
Lucas, Andrew J.,
-
-
—
12000
00
to
Miller, Robert A.,
-
-
U
_
2000
00
Wallerstein, Herman,
u
-
5220
00
•
Total,
-
-
$19220
00
$2000 00
21220
00
2122
00
Boyd, Henry C.,
_
Nelson,
— >
2500
00
Breckman, Willis A.,
_
U
_
1756
00
Brent, James H.,
_
a
2000
00
Jarmon, Wm. P.,
-
_
it
—
1000
00
Loving, Orville,
-
_
u
_
1500
00
Roberts, Wm. C.,
_
..
tt
500
00
Robertson, Jacob W.,
„
_
a
3000
00
Shelton, Joseph H.,
_
a
2500
00
Witt, D. A.,
-
-
u
-
4000
00
Total,
-
•
-
-
$18756 00
_
18756
00
1875
60
l-l
03
TABLE-(Continued.)
NAMES OF PERSONS ASSESSED.
%
RESIDENCE.
Kind of business li¬
censed.
Bear, Bernard, -
Browning. G. J., -
Chamberlain & Eckloff, -
Dalev, Alexander, -
Eraser. W. T. B. & Co., -
Houseworth, Jos. H.,
Johnson, Thomas, -
Kaufman, Joel, -
Kincheloe, E. \V., -
Payne, Wm. H.,
Smith, Win., T., -
Sneed, Littleton, W., -
Orange,
"
U
U
"
1 u
1 it
i
Tanner,
Tanner,
Tanner,
i
Total,
__
Borst, Peter B.,
Same, -
Buraeker, Samuel A., -
Forrer, D. & H.,
Grove, Emanuel, - . •
Same, (agent for John Grove,)
Lauck, Wm. C. & Son, -
Page,
U
a
u
a
a
Tanner,
U
Iron manufactory,
Tanners,
Total,
-
-
Berger, George T.,
Carter, Stokeley,
Dixon, E. W., ...
Finney, Carter & Muse, ...
Grant, George W., -
Graves, David S.,
Gunn&Botve, -
Pittsylvania,
u
<<
<<
it
It
11
Tanner,
Amount of pro¬
fits assessed
on property
books.
Ain't of pro¬
fits from li¬
censes.
Aggregate of
profits from
both returns.
Total tax on
all profits.
2500 00
960 00
10 0 ou
8000 00
2000 00
2500 00
1000 00
1000 00
10650 00
1750 00
4000 00
8000 00
$29010 00
$13750 00
43360 00
4336 00
"
550 00
1422 00
4'TOO 00
18000 00-
16000 00
2020 00
20000 00
$6072 00
$56020 00
62692 00
6269 20
2000 00
7000 00
28500 00
800 00
10150 00
2000 00
1200 00
Same,
Guthrie, James T.,
Jones, Decatur,
Moorman, James C.,
Payne & Pritchett,
Ragsdale, Daniel C. & Charles,
Rogers & Coleman,
Same,
Swanson, F. A. & Co.,
Swansow, John M.,
Trotter, J. H. & Co.,
White, Richard & Son,
Total,
Carrel], Wm. M.,'
Davis, Erastus P.,
Elam & Gray,
Hilliard & Paulett,
Lockett & McKinney,
Middleton & Son,
Rice, J. J. & T. B.,
Rice. Wm. T.,
Walton, Wm. A's estate,
Warren, H. E. & Son,
Wood & Mottley,
Total,
Rover, Ferdinand,
Bonsack, Jacob,
Bonsack & Riser,
Chapman, T. J.,
Coon & Chapman,
Davis. James,
Ferguson, J. M.,
Garst, John J.,
Hartman & Cunningham,
Tanners,
Tanners,
"Woollen factory,
«•
2000 00
1000 00
20000 00
21945 00
11000 00
25000 00
3595 00
3595 00
3000 00
5300 00
14000 00
8810 00
$164100 00
$6795 00
2822 00
2000 00
3618 00
6497 00
12386 00
2232 00
4500 00
1000 00
2675 00
40C0 00
1333 00
$43063 00
$2600 00
12650 00
1000 00
12000 00
168 00
1932 00
. 600 00
1245 00
170895 00
43063 00
2600 00
17089 50
o
o
to
4306 30
260 00
Cn
T jA. BLE - (Continued.)
NAMES OF PERSONS ASSESSED.
RESIDENCE.
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from li¬
censes.
Aggregate of
profits from
both returns.
Total tax on
all profits.
Hirsh, Ligmond, -
Huff, A. E.,
Huff, Thomas G., -
Renwiek & Hannah, -
Nowlin, James H., -
Obenchain, George, -
Shanks, George W., -
Shaver, Henry S.,
Shirey & Holland, -
Snyder, C. L. H., -
Terrill, George P., -
Wertz, George & Co., -
Woodrum, Jordan, -
Roanoke,
li
U
<(
a
u
u
n
u
<<
u
u
u
Tanners,
34 bO
50000 00
1000 00
9100 00
800 00
17000 00
500 00
1504 00
15000 00
7250 00
•1200 00
770 00
53096*96
Total,
$121 1G3 00
$66446 96
187609 96
18760 99
Brady, D. C. E., -
Laird, Bro. & Co., -
Poague J. & J. & Co., -
Weaver, Wm., -
Rockbridge,
u
ii
a
Iron works,
13000 .00
3004 00
7«<0 00
2000 00
Total,
$23004 07
$2000 00
25604 00
2560 40
Bowman, S. M. & R.,
Brown & Dinkel, -
Burtner, S. & Bro., -
Byrd & Sibert, ...
Campbell, James A., -
Carrier, Jesse, -
Carrier, M. J.,
Christian & Jones, -
Effinger, Jacob P., -
Rockingham)*
U
u
u
a
it
u
"
Tanners,
Tanner,
u
3000 00
1780 00
8000 00
2000 00
930 00
3000 00
10780 00
1000 00
1900 00
Funkhouser, Samuel,
Gray. J. H. & A. S.,
Heller, Theresia,
Johnson, A. H.,
Loenback, Heller & Bro.,
McCall & Hill,
Paul, Isaac,
Peale, Jonathan,
Pharis, Philip,
Riuker, Erasmus, •
Shacklett, Henry,
Sibert & Koogler,
Swank, John P.,
Swank, Jacob H.,
Tanqueney & Co.,
Zirkle, M. J.,
Total,
Clarkson, John N.,
Goolsby, Robert,
Stuart, Buchanan & Co.,
T»ppins, William,
Total,
Myrick, John D,,
Buchanan, James S.,
Byars, William B,,
Campbell & Evans,
Dunn & Eswrs, t
Gardner, Thomas E.,
Gray, John C.,
' Gray, William M.,
Greensay, James C. & Bro.,
Humphries, Abel H.,
Hurt, F. B. & S. F.,
Johnston, A. P.,
Woollen factory,
-
1500 00
Tanners,
. 9000 00
-
4000 00
-
1000 00
-
5000 00
'
_
2000 00
_
8000 00
Tanner,
-
1000 00
-
4000 00
-
3000 00
_
400 00
-
500 00
-
5000 00
-
1000 00-
Wool factory,
-
12000 00
-
100 00
-
$49700 10
$40180 00
_
100000 00
-
7000 00
-
273875 00
-
1350 00
-
$382225 00
-
-
$175 00
-
Salt manufactory,
_
12000 00
-
8039 00
—
Salt manufactory,
-
59380 00
k
-
200 00
* ii
-
20000 00
-
4000 09
-
12000 00
-
4500 00
_
1500 00
-
17000 00
-
6885 00
89890 00
382225 00
115 00
8989 00
38222 50
1750 00
T -A. 33 Xj
33 — (Continued.)
NAMES OF PERSONS ASSESSED
Keebler & Pepper, - —
Kyle, W. C. & Co.,
Logan, Echol3 & Co.,
McClung, Jaques & Co., -
McCormack, Micajab,
Payne, William,
Stalliard, John W.,
Stuart, Buchanan & Co.,
Thomas, David G.,
•
Total,
•
Barrett, J. B., (trustee,)
Boyd, Thomas J.,
Crockett', S. S.,
Fulton, Andrew S.,
Gibbony, William,
Graham, David,
Green, John W. & Co.,
Kavenaugh, Joseph P., -
Kobler, Wm., (agent Lead mine Co.,)
Noel, C. J.,
Paulette, John W.,
Peirce, Alexander,
Sexton, David,
Ward, Robert N.,
Total,
Ayres, William M,,
Bell, E. J.,
Buford, A. S.,
Amount of pro¬
Am't of pro¬
Aggregate of
RESIDENCE.
Kind of business li¬
fits as$e
sseu
fits from li¬
profits from
Total tax Oft
censed.
on property
censes.
both returns.
all profits.
t
books.
.
Washington,
u
4396
00
3000 00
-
Salt manufacture,
_
a
<(
—
200 00
u
<<
27000 00
-
• -
4000
00
-
IC
_
13500
00
200 00
-
u
Salt manufacture,
_
it
_
200C00 00
-
u
-
5000
00
-
-
.
$80820
00
$321980 00
402790 00
40279 00
-
Wythe,
(<
4000
00
-
9000
00
n
9000
00
-
a
_
7000
00.
-
u
—
7000
00
-
u
—
4447G
00
-
15000
00
-
tt
_
2000
00
-
u
56396
00
-
_
2000
00
-
u
—
4500
00
-
u
-
2000
00
-
u
-
5000
00
-
u
4000
00
-
-
-
$171372
00
-
171372 00
17137 20
-
Danville,
_
40110
60
-
(i
-
2491
50
-
"
-
3000
00
Clark, Wm. T.,
Chambers & Patrick,*
Crews, Rhodenbyer & Co.,
Same,
Danville Manufacturing Co.,
Same,
Davidson, T. S. & Co-.,
Estis, E. B. & J. H.,
Ficklin, J. H.,
Flinn & Fitz James,
Flagg, Porter,
Gerst. Julius, (ag't,)
Georty & Rison,
Holland, John,
Holland, J. W. & 0. Y., -
Holland, C. Y.,
Holland, J. H.,
Keen, W, W. & Co.,
Lipscomb, James R.,
Heal, T. D.,
Pace, G. T. & Son,
Pace, J. B.,
Pace, J. W.,
Peyton, A. M. & Co.,
Price, J. M. & Co.,
Price, J. R.,
Sublett, C. M.,
Simmbns, Wm. T.,
Sutherlin, M. T.,
Taylor & Miller,
Voss James C.,
Waddill, J. M.,
Total,
Abrams, H. & Bro.,
Booker, James M.,
Booker, William T.,
Burch, J. W. & G. 'H.,
tt
-
12000
00
a
-
27290
50
a
-
2000
00
ti
Millers,
-
2000 00
tt
-
22000
00
it
Woollen factory,
-
22000 00 •
ti
-
1431
18
-
15284
13
tt
-
13792
69
it
-
701
00
a
-
3000
00
a
-
960
00
it
-
37375
68
n
-
67000
00 -
a
-
57000
00
a
-
42000
00
a
-
72000
00
it
-
118000
00
tc
-
«106
00
u
-
1000
00
u
-
40769
00
it
-
59000
00
-
69000
00
a
-
*18806
00
a
-
5690
00
-
2750
00
a
-
7000
00
a
-
3000
00
-
102000
00
a
-
3045
00
a
-
50870
00
a
-
74751
00
-
$981224
28
$24000 00
Lynchburg,
_
8000
00
«
—
10000
00
it
-
8500
00
<t
-
10000
00
1005224 28
100522 43
X _A_ BLE- (Continued.)
to
O
NAMES OF PERSONS ASSESSED.
Christian, Phil. D.,
Davis, George D.,
Ferguson, T. G. S.,
Ford, Calvin, jr., •
Glass, R. H.,
Gouldhian, James E.,
Guggenheimer, Nat.,
Harris, E. W.,
Holt, John D.,
Jones & Miller,
Lee, Rook & Taylor,
Moor, Maurice, (trustee,)
Meem, John G.,
McCorkle, Son & Co.-,
Maurice & Holt,
Payne, David B.,
Phelps, J. B. T.,
Rucker, A. B.,
Shearer, J. C.,
Seabury, P^leg,
Tanner & Ashe,
Victor, H. C.,
Warwick, Jolin M.,
Winfree, C. V.,
Total,
Alley, Henry T.,
Anthony, F. S.,
Allen, A. A.,
Asher, John,
Bradbury, T. W.,
RESIDENCE.
Lynchburg,
Petersburg,
.Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
16000 00
5000 00
17126 00
30000 00
5000 00
85C0 00
40000 00
8365 00
G500 00
*40612 00
2398 00
50000 00
131000 00
30000 00
12045 00
8000 00
2600 00
181490 00
2000 00
24388 00
8000 00
8000 00
30372 00
7000 00
$710806 00
1500 00
4000 00
7000 00
7000 00
3680 00
Am't of pro- Aggregate of
fits from li- profits from
censes. both returns.
Total tax o
all profits.
710806 00
tzj
O
bO
71080 60
Branch, Wm. J. & Bro., -
Bradbury, J. W.,
Battersea, Manufacturing Co.,
Brodnax & Wright,
Branch, Thomas & Sons,
Boyd, A. R.,
Boisseati, James, - '
Booth, Robert H.,
Burton, J. E. & Bro.,
Brownly, Green & Co.,
Bretton, Todd & Co.,
Broocks, T. T.,
Brodnax, R. W., Branch & Co.,
Cameron & Crawford,
Cheeves & Osborne,
Clark, Nicholas,
Cuthbert, E.,
Cutler, James,
Cuthbert, Charles H.
Crutchfield, A. F. & Co.,
Cooper &Ford,
Cooper, Joseph H.,
Carter, John T.,
Cohen, M. & Bro.,
Clarke, Robert,
Donnans & Johnston,
Davis, George,
Davisj William P.,
Davis, Benj. A., . -
Davis, Henry,
Davis, George H.,
Davidson, M. T. & J.,
Dunn 4c Spencer,
Dugger, D. B.,
De Voss, P: J.,
Dunlop <fe Crawford,
Davis, Roper & Co.,
Davis, M. M. & Co.,
Emanuel, Simeon,
5080 00
4500 00
15410 00
107000 00
1475 00
12397 00
18878 00
8700 00
11310 00
8617 00
24000 00
9705 00
24910 00
38534 00
15775 00
8233 00
500 00
6000 00
8875 00
12500 00
6338 00
3000 00
5325 00
1000 00
21800 00
2000 00
2000 00
6000 00
5000 00
9200*00
6750 00
15000 00
36483 00
2880 00
33450 00
67000 00
39000 0*0
12000 00
147451 00
o
p
tz|
o
fcO
to
TABLE- (Continued.)
Kind of business li¬
NAMES OF PERSONS ASSESSED.
RESIDENCE.
censed.
Eichburg, A.,
_
Petersburg,
^ _
Friend, John E.,
-
tt
Farcey, P. W. & Co.,
-
a
-
Gillman, Mallory & Co.k -
-
u
-
Grigg, Dinwiddie,
_
tt
—
Gary,* George C.,
-
tt
_
Gir.nochio, John,
-
a
Harrison, Robert, jr.,
-
tt
Hair, John A.,
.
tt
Hannaban, Patrick,
.
it
—
Hinton, E. O.,
.
ft
Hurt, Sturdivant, Gee & Co.,
.
tt
Hobson, O. H.,
it
Harrison, A. O.,
m
u
Hill, Warren & Co,'
tt
__
Hair & Dyson,
Howlett & Friend,
_
u
—
tt
Hinton & Dunn,
_
u
Johnson, Wm. R. & Bro.,
-
tt
_
Joynes, W. T.,
-
a
Jones, G. B. & Co.,
-
tt
Jordan, W. B.,
-
tt
■ James, Wm. 0.,
-
tt
-
Jaeks'on, Brothers,
Jones, Robert B. & Co., -
Johnson, Wm. R.,
Jarratt'John & C.,
-
ii
-
tt
-
-
it
-
it
-
Johnson, S.,
r
tt
Miller,
Kevan, A, & Bro.,
-
tt
tt
Same,
-
tt
-
Kull, Jacob & Sons,
-
tt
—
Kenny & Kearney,
-
fcO
Amount of pro- Am,t of pr0.
fits assessed fits from li¬
on property J censes.
books.
2825 00
2100. 00
11132 00
33500 00
2653 00
1000 00
3000 00
2000 00
2000 00
1000 00
4550 00
7000 00
7000 00
2700 00
17000 00
7000 00
964 00
20220 00
18000 00
3800 00
9210 00
600 00
2150 00
27 LOO 00
18100 00
24820 00
• 15700 00
12240 00
595 00
500 00
Aggregate of
profits from
both returns.
Total tax <
all profits.
t)
o
tzS
©
to
45397 00
38000 00
Kerr & Marburg,
Knight, Robertson & Co.,
Leary, John,
Lester, R. S., * -
Lancaster & Long,
Lemoine, John E. & Sons,
McIIwaine, Son & Co.,
McCullock & Gray,
Mallory, Wm. R., - -
McEnery, Peter,
Moore & Lynch,
McEnery & Grant,
McIIwaine, John,'
Merchants Manufacturing Co.,
Martin, Tannahill & Co.,
Munnis, J. K.,
McNiere, John,
McCulloch, George H.,
McCandlish, Ro.,
McNair, Thomas A.,
Pickrell. Z. W. (factory,)
Same,
Pannill, William,
Pricbard, Jos. H.,
Pearman, Z. & Co.,
Petersburg Gas Light Co.,
Plummer, S. A. & Co.,
Plummer, S. A.,
Petersburg Iron Works, -
Peebles, Plumrner & Co.,
Roper, Lerov,
Ragland, R.,
Rowlett, John,
Rives, N. P.,
Rose, M. W.,
Rosenstock, A.,
Royston, John W., ■
Ragland & Guthrie,
Riddle & McIIwaine,
5000 00
8100 00
1000 00
2330 00
27000 00
23730 00
88390 -00
11000 00
8000 00
2000 00
3000 00
9000 00
1210 00
5700 00
7426 00
6500 00
2000 00
9000 00
358 00
17000 00
12000 00
600 00
200 00
1200 00
17000 00
20930 00
4700 00
25000 00
30040 00
3638 00
47000. 00
5000 00
5000 00
250 00
1208 00
6280 00
25000 00
47000 00
168339 00
tJ '
o
a
teS
©
t*
b9
C>9
T -A. B L S — (Continued.)
NAMES OF PERSONS ASSESSED.
Royston, F. W.,
Rives, N. F. & Co.,
Roche, Patrick & Bro.,
Stevenson, John,
Shafer & Scott,
Scott, A. L.,
Shafer, A. S.,
Stratton & Raine
Stainback, Ro. P.', .
Spotswood, William F., -
Sutherland, G. W.,
Scott, George V.,
St. Clair, Thomas A.,
Smyth & Co.,
Seligman, J. & H.,
Stevenson, Waddill & Co
Smyth, Stone & Banks, -
Schloss, Mark,
Taylor, P. H.,
Thompson, R. S.,
Traylor & Tucker,
Tappey & Lumsden,-
Tennant D. B.,
Taylor & Peebles,
Tench, Wm. & J. D.,
Venable, J. M. &-Co.', . -
Venable, Jos. E.,
Venable, S. W.,
Williams, Samuel & Cfa.,
Watson, McGill & Co., -
Williamson, J. P.,
Wilson, John B.,
to
RESIDENCE.
Petersburg,
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property-
books.
Am't of pro¬
fits from li¬
censes.
47000
00
30000
00
1Q00
00
7000
00
22000
00
17000
00
9000
00
10000
00'
4700
00
3000
00
5526
00
46 28
00
300
00
37000
00
500
00
10000
00
14000
00
6000
00
3526
00
12126
00
575
00
25800
00
20000
00
5050
00
2000
00
26000
00
33000
00
7000
00
12000
00
2800
00
20000
00
6000
00
Aggregate of
profits from
both returns.
Total tax on
all profits.
o
o
o
"Wilson A Mcllwaine,
Waddell, William,
Westray, L.,
Wilson, Alfriend and Co.,
Watson, Samuel, jr., ' -
Wolff, James E.,
Walker, Noah & Co.,
Young, R. A. 4 Bro.,
Total,
^Adam, R.,
Allen, F. H. L.,
Alvey 4 Lipscomb,
Alvey, Richard T.,
Anderson & McClung,
Anthony, John EE.,
Antonia, A., ,
Arents, George,
Bagby, George,
Bailey, P. G.,
Bailey, Samuel M.,
Baldwin, C. A. 4 Co.,
Ballard, John P.,
Bargamin, Y.,
Barksdale, Claiborne,
Bauman A Richards,
Beal, William,
Beers, William,
Bell, William,
Belvidere Manufacturing Co.,
Belvin, John AM
Belvin a Atkinson, - *
Bidgood, G. L., (M. B. C.)
Binford, Frank, -
Binford, John J.,
Binford 4 Porter,
Blair,Hugh,
Blair A Chamberlayne, -
..
36120 00
..
28768 00
•
1764 00
..
11355 00
1000 00
..
,8372 00
13690 00
47400 00'
'
1999708 00
399187 00
...
10000 00
..
25000 00
5000 00
1000 00
-
6522 00
..
1500 00
..
5000 00
1000 00
..
3500 00
..
847 00
..
13183 00
..
5000 00
..
45540 00
3000 00
..
1000 00
..
• 9000 00
..
1500 00
5000 00
./
8000 00
Paper factory,
215250 00«
..
9000 00
..
5000 0*0
..
4000 00
..
1000 00
..
1300 00
..
9133 00
..
2000 00
4000 00
2398895 00
239889 50
U
o
tz!
o
b#
to
d
TABLE-(Continued.)
NAMES OF PERSONS ASSESSED.
RESIDENCE.
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from li-
Aggregate of
profits from
both returns.
Total tax c
all profits.
Blair, M. & Co.,
Blair. Walter D. & Co.,
Bosher & Woody,
Boucher & Rosenburg,
Bower's, A. J.,.
Boyd, William J.
Boyle & Gamble,
Brazeal, Wm. C.,
Breeden, E. V. & Co.,
BriggSj I. D.,
Bruin, Joseph,
Bulkley, T. A. a Co,,
Burress, James E.,
Butler, James T. & Co.,
Campbell, J. J. & Bro.,
Carrington, J. L. & Co.,
Chalkley, 0. H.,
Same,
Chiles & Chenery,
Christian k Lea,
Corbell, H. J., |
Crenshaw,
Crump, W. W.,
Dabhey, R. A. E.,
Darby, Read & Co.,
Davidson k Chockley,
Dibrell, R. H.,
Dickinson & Hill,
Donnan, Wm. S.,
Dooley, John,
Doswell, Thomas W.,
Dove & Co.,
Richmond,
Tanner,-
Wool factory,
5000 Ob
2800 00
8444 00
7000 00
2000 00
1000 00
18000 00
1000 00
5000 00
7000 00
4000 00
15500 00
22000 00
2000 00
1000 Q0
60000 00
28733 00
40583 00
4871 00
2500 00
7000 00
3000 00
5000 00
5000 00
2200 00
13715 00
15000 00
5000 00
3000 00
25000 00
17000 00
100000 00
Downey, Mark,
Drewrv, George M.,
Dunlop, Moncure & Co., -
Dupuy, P. E.,
Duval, J. P.,
Ellett & Drewry,
Exall, Henry,
Ferneyhough, E. S.,
Foster, It. T.,
Fox, A. P.,
Garrett, Alexander,
Gathrigkt, Samuel & Co.,
Gemme, Louis,
Gennett, C.,
Glazebrook & Thomas,
Goddi'n & Apperson,
Gordon, John & Son,
Grady, Sidnum,
Gray, Jas., Sons,
Gray, John T.,
Greenhow, Samuel C.,
.Gwatkin, C. A.,
Harrisftn, S. J.,
Hartwell, Charles,
Harvey, A. F.,
Hastings, Samuel,
Hatcher,Wm.,
Hawes, John A.,
Hawes, S. P..
Haxall, W. H.,
Haxall, Crenshaw & Co.,
Hoenneiger, T. W.,
Herring, George I.,
Hierholzer, Jos.,
Same,
Hicks, Samuel D.,
Hill & Norfleet,
Hill, Robert,'
Hirsh, Ah ram,
<c
-
'2650 00
££
-
7000 00
tt
-
34831 00
it
-
5753 00
tt*
-
22000 00
it
-
38000 00
tt
-
7000 00
a
30933 00
it
-
20000 00
a
-
5000 00
tt
-
3000 00
* -
1000 00
it
Tanner,
-
<('
-
17358 00
a
-
1500 00
tt
50000 00
it
. 7247 00
it
_
186 00
u
-
34306 00
tt
21414 00
-
2000 00
• 7500 00
tt
_
40000 00
tt
_
50000 00
a
- 0
1334 00
it
—
2000 00
a
_
1000 00
tt
_
3000 00
tt
—
17000 00
t
__
15000 00
tt
Mill.ers,
_
tt
_
37000 00
tt
_
11116 00
" f
_
19600 00
tt
Tanner,
-
tt
_
8150 00
tt
_
8000 00
tt
_
1000 00
tt
_
1000 00
T A. B Xi
E — (Continued.)
names of persons assessed.
RESIDENCE.
Kind of business li-
censed.
Hitchcock, John H.,
Hough, Robert, jr., -
Hough, Ro. & Co., ~
Howe,JR. C., ~
Hoyer & Ludwig, -
Hudson, E. I., _ _ ~
Huffard, D. S., . _ ~
'Hundley k Cance, -
Hyman, Lewis, -
Isaacs,•W. B., . _ "
Johnson, J. C., .
Johnson & Bradford, ~
Jones, Thomas, .
Jones, William B. & Co. . I
Keeling, E. D., ' _
Kent, Paine & Co., - •
Knowles, B.'W., .
Lancaster; Ro. A.,
Lipscomb, J. E.,
Lumpkin & Bro.,
Lumsden, Charles, ~
Madigan, D. T., ■
Matthews, Felix, .
Maury, R. H. k Co., 3
McKenney k Dupuy, "
Meade k Baker, "
Miles, G. Z. k Bro., ~
Millhizer, Joseph, ~
Millspaugh, A., (ag't.,) I
Mitchell k Tyler, .
Mittledoerfer, M., -
Moffit, J. G., ...
Richmond,
it
«
ii
ii
ii
n
ii
u
ii
ii
ii
ii
it
it
ii
ii
it
ii
^i
ii
ii
ii
ii
ii
ii
ii
ii
a
ii
it
-
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from li¬
censed.
Aggregate of
profits from
. both returns.
Total tax c
all profits.
500
00
7000
00
6500
00
8000
00
2000
00
16350
00
12228
00
15000
00
7000
00
7798
00
2000
00
8000
00
40000
00
97000
00
3500
00
-75419
00
8000
00
.60000
00
15000
00
3000
00
3000
00
2000
00
1500
00
151638
00
1500
00
7480
00
7000
00
6250
00
■5000
00
30000
00
50000
00
100Q.00
Monteiro, A. A. & E. II., -
Morris,* A.,
Morton, J. T.,
Moses, A.,
Mountcastle, Wm. A.,
Myers, S. A.,
Newman, Henry,
Newman, John T.,
Nott, Alexander,
Page, John C., jr.,
Paine, Wm. G.,
Palmer, Charles,
Pate, N. T.,
Pedin, J. W., -
Peterson, W. & Co.,
Pizzini, A.,
Pizzini, Juan,
Pleasants & Frayser,
Pleasants, Wm. H.,
Powers, R. W.,
Prescott, G. P.,
Price, Philip B.,
Price, Thomas R.,
Price, Thomas R. & Co.,
Pugh, Wm. R., -
Purcell, C. "W.,
Purcell, Ladd & Co.,
Quarles, Thomas D.,
Quarles, B. M.,
Raglan d, N. H.,
Rahm, A. J., (ex'r of P. Rahm,\
Ratcliffe, Wm. B.,
Read, N. C.,
Rees, E. J.,
Rhodes, Wilson & Hurt, -
Richardson, W. Holt,
Roberts, P.,
Roberts, R. R.,
Robertson & Grills,
75000
14222
1000
35000
2000
10Q00
3000
46705
300
7500
2000
3837"
'30000
1100
25750
5000
10000
17000
4400
28000
2505
23000
20710
20243
1900'
6500
15365
7000
1000
14000
43400
15000
700
1225*7
32700
9500
1327
2000
15000
00
00
00
00
00
*00
00
00
'00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
CO
00
00
00
A. BLE— (Continued.)
NAMES OF PERSONS ASSESSED.
•
Robertson, J. S.,
Robinson, E. T.,
Roper & JIurry,
Rose, L.,
Rosenbaum, S. ST.,
Rous', 0. B.,
Sampson & Pea,
Scott, Wm. H.,
Simpson, Ohas.,
Sledd, John P.,
Smith & Lowenbach,
Smith, Wm. Ira,
Somerville, R. B.,
Spence, E. B.,
Spices, C. W. & Co.,
Spotts & Harvey,
Staples, W. T. & Co.,
Starke, Thos. J.,
Stephens, Wm. J.,
Stern, H. & Co.,
Stokes, A. Y. & Co.,
Sumner, Geo. J.,
Sutherland, S.,
Sutton, Wm. M.,
Sweeney, M. B.,
Sycel, Julius,
Snyder & Walker,
Tabb, P. M. & Son,
Tardy & Williams,
Taylor, Jas. M. & Son,
Taylor, Jno. G.,
Taylor, Wm. P. W.,
RESIDENCE.
Kind of business li
censed.
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from li¬
censes.
•
Aggregate of
profits from
both returns.
Total tax on
all profits.
Richmond,
3000
00
11
9000
00
2000
00
a
2000
00
tt
3800
00
tt
5160
00
tt
60000
00
tt
5000
00
tt
5000
00
tt
1000
00
tt
7000
00
tt
17000
00
tt
2000
00
tt
5000
00
40000
00
95000
00
tt
2000
00
tt
5000
00
(
25990
00
it
5000
00
tt
21302
00
it
86387'
00
tt
3000
00
tt
10000
00
tt
2000
00
tt
12000
00
11
10000.
00
tt
2000
00
tt
64000
00
tt
6-155
00 ,
tt
1000
00
tt
3370
00
Thalheimer, Wm.,
Thompson, John,
Tietjon, John,
Tolleson, Alfred,
Trueman, W. T.,
Tyler, H. W.,
Tyler & Son,
Valentine, D. H.,
Van Letr, J. N.,
"Wallace Sons, Wm.,
Waller, L. & Co.,
Walker, A. N., *
Warwick & Barksdale,
Watkins, J. B.,
Watt, Geo. & Co.,
Webb & Wade,
Weisiger, P.,
Wendenberg, R. & Co.,
Wendlinger, C.,
White, John E.,
White, P. K.,
Wkitlock, Chas. E.,
Williams, A. D.,
Williams, D. T.,
Williams & Carrington,
Williams & Elliott,
Will iams, Jno. H.,
Wolff, J. M.,
Woodkouse & Co.,
Wortham, "Coleman,
Wortham, C. T. & Co.,
Wortham. E. & S., & Co.,
Yhle, C. D. & Co.
Yancej, Geo. W.,
Total
Allemong & Castleman,
Bickle, Robt. G.,
1254 00
11337 00
1500 00
27000 00
10000 00
2600 00
7000 00
1500 00
17000 00
37000 00
4317-00
,
4000 00
16156 04
12000 00
2355 00
14000 00
8000 00
• 5038 00
10000 00
6500 00
7000 00
6000 00*
20000 00
32000 00
1200 00
6000 00
1334 00
3975 00
12000 00
2000 00
22535 00
12000 00
12831 00
800 00.
$3112733 50
$418814 50
19512 00
7000 00
3531548 00
o
o
o
12J
o
to
353154 80
5? -A. BLE - (Continued.)
NAMES OF PERSONS ASSESSED.
RESIDENCE.
•
Kind of business li¬
censed.
Amount of pro¬
fits assessed
on property
books.
Am't of pro¬
fits from'li¬
censes.
•
Aggregate of
profits from
both returns.
Total tax on
all profits.
lochran, C. T., (agt.,) -
Ivans, J«ohn B.,
ragan, James, -
Jirsh, Gabriel, "
£ayser, Davis A., -
JcCarty, Chas., (est.,) I
Jayes, James, -
Pittman & Harman, -
Powell, P. N., .
5eck, Henry H., -
Peyton, Wm. H. & Bro.-, ~
Piper & Funkhouser,
Rankin, R. J.,
Staunton Boot, Shoe &c. Co., I I
Tippling,James, _
Williams, C. N.,
Waddell, Wm. H., -
Yost, Sant'l M.,
Total,
Staunton,
a
tt
u
tt
tt
tt
tt
tt
tt
tt
it
tt
tt
tt
tt
Tanner,
7000 00
5160 00
10000 00
10927 00
1300 00*
2000 00
6046 00
1200 00
3300 00
13000 00
3174 00'
2500 00
1500 00
1500 00
1180 00
6000 00
12000 00
3000 00
-
$96299 00
$21000 00
•117299 00
11729 90
Doc. No. 2.
Recapitulation.
Total from Counties,
" " Cities and Towns,
Aggregate,
Total am't of
profits assess-
eu on property
books.
Total amount of
profits from li¬
censes.
Total from both
returns.
Total tax on
all profits.
2377305 30
6900770 78
2153673 40
863001 50
4530978 70
7763772 28
453097 87
776377 23
$9278076 08
$3016674 90
{>12294750 98
$1229475 10
Licenses.
KIND OP BUSINESS.
NO.
PBOPITS.
TAX.
Tanners, - - -
Millers, -
Cotton and Wool Factories,
Foundries, -
Coal and Iron Mining, -
Coal Mining,
Paper Manufactory, -
Salt Works, - = "
Total,
66
14
16
4
1
9
1
9
344006 20
251836 50
1781243 10
5320 00
4258 80
92780 30
215250 00
321980 00
34400 62
25183 65
178124 3l
532 00
425 88
9278 03
21525 00
32198 00
120
$3016674 90
$301667 49
&
DOC. No. III.
COMMUNICATION
FROM THE
GOVERNOR OF VIRGINIA
IN RELATION TO
REMOVAL OF MACHINERY
FROM
STATE ARMORY.
DECEMBER 11, 1863.
Doc. No. 3.
3
EXECUTIVE DEPARTMENT,
Richmond, Va., October 17, 18G3.
Gentlemen of the senate .• • ~
V *
In response"^ your resolution adopted on the 9th instant, calling for in¬
formation with regard to the removal of machinery from the state armory, I have the
honor to communicate a letter just,received from the secretary of war. The senate
will learn from this letter that the stocking machinery has been removed to Macon,
Georgia, and that the removal was made more than a year ago. To whom the machi¬
nery has been sent, and whether it is intended f,o be returned, and if so when, I am not
informed. The machinery was removed without my knowledge or approbation. The
contract by which the armory buildings and the machinery were allowed to be used by
the confederate government, was made under the direction of the convention, and in
obedience to its instructions, and to avoid all future misunderstanding was reduced to
writing, duly signed, acknowledged and recorded in the hustings court of the city of
Richmond.
In this matter Virginia felt a deep interest, in consequence of the fact that she had
the necessary buildings and had actually commenced the work of putting up the ma¬
chinery, before he? agreement was made with the confederate commissfoner, Hon. Alex¬
ander H. Stephens. After the convention tendered the use of the armory buildings and
machinery to the confederate government, it soon became manifest that the head of the
ordnance department of the Confederate States did not desire to see the machinery put
up here. It was only after he was distinctly informed that it should be put up, aud
that if he did not proceed to do so, the state authorities would put it up, that he took
the necessary steps to get the machinery in position preparatory to the manufacture of
arms.
Much correspondence preceded the making and execution of the contract, all of
which is on file in the executive department, and can be furnished to the senate, if de¬
sired. A copy of the agreement entered into between the state and confederate au¬
thorities, accompanied by the schedule of articles attached thereto, is herewith trans¬
mitted for information. The point was distinctly made that fhe machinery must be
put up in our armory, and I expressly refused to assent to any arrangement that would
take the machinery to any other place.
No part of the machinery should have been removed from the state armory without
consultation with her authorities. The state was a party to this contract—had brought
the machinery from Harpers Ferry, with the express purpose of putting it up in her ar¬
mory, and it was due to her that her authorites should have been consulted before any
part of it was removed to any other place. The part which Virginia has played in this
war fairly and justly entitled her to thus much consideration.
Before the war commenced, and in anticipation of its occurrence, Virginia determin¬
ed to fix up her armory for the manufacture of arms. She had therefore made con-
4
Doc. No. 3.
tracts for the supply of all the necessary machinery, and it wa3 in process of construc¬
tion, when the war was precipitated upon her. Not having been delivered, she direct¬
ed her attention to the Harpers Ferry establishment, as furnishing the necessary sup¬
plies to complete the establishment and prepare it' fully for the cherished purpose Vir¬
ginia had in view. When the machinery came to her possession she determined there¬
fore to place it in her state armory, and she has never lost sight of nor abandoned this
purpose. She therefore carefully provided for this object in all her future action, and
the written contract will demonstrate it. Hence it is that the contract reserves the
night of property in the machinery and in the real estate to the state of Virginia. And
it is further provided:
•fj
" The Confederate States shall have the right to erect suafe buildings, and to make
such repairs and changes in the present buildings, upon the grotind^to be transferred
to them, as shall be appropriate for the purposes of the armory; and to enclose the
same in a proper manner: Provided, however, that inasmuch as the transfer will be
without pecuniary consideration, the right and title of the state in reversion, being ex¬
pressly reserved, shall not be subject to any change, offset or deduction, by reason of
any repairs, changes, improvements or new buildings made under this agreement."
This provision shows the care and attention with whi.ch the whole subject was guard¬
ed, from the commencement of the negotiation to its conclusion. But before this contract
was entered into, I received a letter from Hon. L. P. Walker, the then secretary of war
of the Confederate States, assuring me that " it is the present intention of this depart¬
ment to contiuue the operation of the machinery in the armorv at Richmond, and un¬
der all circumstances, so long as possible, to continue the use Cf the armory for the ob¬
jects to which it has been devoted in the service of the Confederate States."
I commend the whole subject to the consideration of the legislature.
Respectfully,
JOHN LETCHER.
Doc. No. 3.
5
CONFEDERATE STATES OF AMERICA,
War Department, Richmond, Va., Oct. 15, 1863.
His Excellency, John Letcher,
Governor of Virginia:
Sir :
In response to a resolution of the senate of Virginia, communicated by your
excellency, I have^the honor to say that none of the machinery belonging to the state
of Virginia has been removed from the Richmond armory, except some machinery for
making gun stocks, (from the Harpers Ferry armory,) which was sent to Macon, Ga.,
just previous to the seven days' battles before Richmond. No removal of machinery is
now contemplated.
It may not be improper to sta)e that the machinery iu the armory has been largely
increased and improved since it passed into the control of the confederate government,
and that accessions are made to it almost daily.
Very respectfully,
Your obedient servant,
JAMES A. SEDDON,
Secretary of War.
8
Doc* ,^c. B.
the same to the state of Virginia*; and this transfer shall include as well all the ma¬
chinery and stores aforesaid, transported out of Virginia, as that which has been re¬
tained in Virginia.
And tht governor of Virginia shall, pursuant to his former action, ratified and con¬
firmed by the second resolution of the convention, hereinbefore recited, authorize the
use during the war by the president of the Coifrederate States or those acting under his
authority, for the common defence of all the public property, munitions of war, &c.,
captured from the United States, reserving to the state of Virginia the right of prop¬
erty therein.
And it is ftffther agreed, that whereas under a contract between the state of Vir¬
ginia and Joseph R. Andeison & Co., certain machinery has been made by them for and
being delivered to the stride, of Virginia, and has been paid for according to the valua¬
tion thereof by James H. Burton, superintendent of the armory of the Confederate
States, the governor shall turn over and transfer to the government of the Confederate
States all such machinery so made and delivered by the said Anderson & Co., to the
state of Virginia, for use during the war, reserving the right of property therein to the
state of Virginia.
And it is further agreed, that there shall be a full and complete inventory and ap¬
praisement in gross, by such persons as shall be designated for the purpose by the gov¬
ernor of Virginia and the secretary of war respectively, to be returned to each of them
by such persons, on or before the first day of November 1861 ; provided, that separate
lists shall be made of the machinery and stores aforesaid, retained in Virginia, and of
those transported to each point out of Virginia; also, of the public property and mu-
'nitions of war,' &c., captured as aforesaid, from the United States, heretofore and here¬
tofore used by-the president of the Confederate States, or those acting under Sis au¬
thority by tl# act authorizing such use, of the governor of Virginia; also of the ma¬
chinery made and delivered to the state of Virginia^by Anderson & Co., as aforesaid—
and each of said lists of the property so inventoried and appraised shall be signed by
the persons authorized to make them as aforesai^, and a receipt thefefor shall be sign¬
ed by the person so acting on behalf of the conf^lerate government.
And the said persons shall further ascertain and certify in proper form to the gover¬
nor of Virginia and to the said secretary of war, the proper costs and charges of the
removal of the machinery and stores captured at Harpers Ferry, from the said point to
the city of Richmond.
And it is further agreed, that all of the said property so turned over1 and transferred,
and so to be inventoried and appraised, shall be the subject of just account between
the state of Virginia and the Confederate States aforesaid, according to the value there¬
of for such of the same as shall be consumed, injured or destroyed in the use; togeth¬
er with the proper costs and charges of removal as aforesaid, of so much as was cap¬
tured at Harpers Ferry.
Second—The governor of Virginia shall allow to the confederate government the use
of the armory buildings at Richmond, for use during the war, reserving to the said
state the right and title to the same, for operating the machinery aforesaid, upon the
terms and conditions following, §ct:
1. The Confederate States shall agree to put up and operate so much of said machi¬
nery in the said armory buildings as their capacity shall allow, and as shall suffice to
complete the said armory for the manufacture of muskets.
Doc. No. 3.
D
2. And whereas, the state of Virginia, under agreement with the James river ahd
Kanawha company has acquired in perpetuity the right to one hundred and sixty square
inches of water under four and a-half feet head, for the use of the armory; at an an¬
nual rent of $1,280, the governor of Virginia shall transfer to the Confederate
States the, use of the said wat;r rights and privileges, during the war, as apper-
tenant to the armory buildings, they agreeing upon their part to pay the said annual
rent to the said company, and saving the state of Virginia harmless therefrom.
3. And whereas, the state of Virginia has leased to Robert Archer & Co., a base¬
ment room in the west wing of the armory building, and a small building used as a<
wheel-house and grinding mill, and whereas the said Archer & Co., have agreed to sur¬
render the same to the state, with nineteen feet of ground included in their lease, ad¬
joining the west wing of the said armory, upon a fair abatement of rent therefor ; and
whereas the abatement agreed to be macje and asserted to by said Archer & Co., as es¬
timated by James H. Burton, superintendent of the armory, is the sum of $185, it is
further agreed, the said Archer & Co., consenting thereto, that the governor of Vir¬
ginia shall transfer for use during the war, reserving to the state of Virginia the right
and title to the same, to the Confederate States| the said basement room, the small
building aforesaid, and the said nineteen feet of ground, with all the rights appurte¬
nant thereto, the said Confederate States agreeing annually to pay to the state of Vir¬
ginia the sum of $185, at such time as the said rent is payable by said Archer & Co.,
under their lease.
4. The governor of Virginia shall transfer to the Confederate States, with the armory
buildings for use during the war, reserving the right and title to the state of Virginia
in the same, all the ground owned by the state (subject to any right of way which
may legally exist, public or private, by condemnation, grant or license,) included and
bounded as follows: Beginning at a planted cannon on the bank of the canal, the
north-east corner of the armory g-rohnds, thence to another corner of the same, in or
near 6th street, thence along the line^of the same to a point where a line along the
front of Bragg's mill would in^ersec^ the said boundary line, if extended ; thence from
said point of intersection in a line along the front of Bragg's mill to a point where
such line would intersect a line drawn from the canal parallel to the outer wall of the
west wing of armory building, and-drawn nineteen feet from said wall; thence from
said point of intersection along such parallel line to the canal; thence along the boun¬
dary line to the beginning.
And wherea_s, the said ^Archer & Co. have agreed to surrender a portion of their
leased premises as aforementioned; and whereas, the state has heretofore left open a
way betweeh Bragg's mill and the armory, subject to be closed at its will, and which
will now be closed, being included in the boundaries before set out; and whereas, the
said Archer <§^Co. desire a way for ingress and egress from the premises leased by them
from the state, along the front of the armory to the canal bridge at the foot of 5th
street, which the Confederate States may be willing to allow; it is further agreed that
such ingress and egress from said leased premised to said canal bridge may be allowed
by the Confederate States for the term of their use under this agreement, upon the ex¬
press condition, however, that the wall along the front of the armory shall be placed
upon a line beginning fifty feet from the front wall of the armory at the norih-enst
side thereof, and running thence parallel to said wall to the intersection of said line
with the present wall, and thence following the lines of the present wall to the south¬
west boundary of the grqund hereby proposed to be transferred.
9
10
Doc. No/ 3.
<6, Tbe Confederate States shall have the right to erect such buildings, and to make
such repairs and changes in the present buildings upon the ground to be transferred to
them, as shall be appropriate for the purpo-e of the armory, and to enclose the same
in proper manner: Provided, however, that inasmuch as this transfer will be without
pecuniary consideration, the riglit and title of the state in reversion hereby expressly
reserved, shall not be subject to any charge, offset or deduction by reason of any re¬
pairs, changes, improvements or new buildings, made under this agreement.
6. The state of Virginia reserves the right to store any of her pieces of cannon upon
the armory grounds.
1. And whereas, the state of Virginia, by reason of the transfer to be made, must re¬
pair and store her arms,.and store her munitious of war elsewhere; tmd must find
quarters for her public guard elsewhere; and whereas, the ordnance department of Vir¬
ginia has received orders, and expects to receive further orders to prepare for the com¬
mon defence a number of cannon, the property of the ^tate, and will require, in order
to meet such orders shops and grounds and suitable power heretofore obtained at the
armory; and whereas, the said ordnance department, in order to facilitate the opera¬
tions of the Confederate States, prop6ses to vacate and abandon the'use of the same
to said Confederate States, it is furthermore agreed that the Confederate States shall
pay such sum as shall be necessary to procure the proper shops, grounds and power
for the ordnance department of Virginia: provided the srid sum shall not exceed
$2,000 per annum.
8. And whereas, the confederate government desire to have the use of Bragg's mill
for a rolling mill, which the state of Virginia is willing to transfer for such a purpose,
when it can bp done; and whereas, S. McGruder's Sons and their assignees, assert a
claim thereto by lease or tenancy, from year to year; it is further agreed that th$ gov¬
ernor of Virginia shall transfer the said mill to the Confederate States, subject to the
claim aforesaid, with so much ground as will be included by a line drawn alpng the
eastern wall of said mill extended to the north and south boundary lines heretofore set
forth and defined. And the state of Virginia will ggree t_> use all its power in behalf
of the said Confederate States, and at their instance, to obtain for theqv the possession
of said mill and grounds.
Provided, that the transfer of said mill and grounds shall only be for use during the
war, the state of Virginia reserving the right and title in the same ; and provided fur¬
ther, that the Confederate States shall paj- all expenses, costs, damages xrnd compensa¬
tion necessary t jr obtaiuing the possession of the same as aforesaid.
In testimony of all which the parties to this agreement have hereunto set their hands
r-
and affixed their seals the day and year first above written.
(Signed) J. R. TUCKER. [Seal.]
C. DIMMOCK. [Seal.]
A. T. BLEDSOE. [Seal.]
J. GORGAS. [Seal.]
City of Richmond, to wit:
In the office of the court of hustings for the said city, the 3d day of Octoher(
1861, this deed was acknowledged by John' Letcher, a party thereto, and the^agreement
thereto annexed was acknowledged by J. R. Tucke^and C. Dimmock, parties to said
agreement; and in said office, on the 4th day of the same month, the said agreement
Doe. Not 3.
11
was acknowledged by J. Gorgas, a party thereto; and in said office, on the 20th day of
November 1861, the said deed was confirmed and acknowledged by J. P. Benjamin,
acting secretary of war, and the said deed was acknowledged by A. T. Bledsoe,, a party
thereto, and thereupon the said deed and agreement was admitted to record at half-
past one P. M.
Teste—Signed,
RO. HOWARD, Clerk.
12 Doc. No! 3.
DEED.
This deed, made this 2d day of September 1801, between John Letcher, governor of
Virginia, of the first part, and L. P. Walker, secretary of war of the Confederate States
of America, of the second part—witnesseth,:
Whereas, the convention of the people of Virginia did, by resolutions passed June
29th 1801, authorize the governor of Virginia to make a transfer of certain property to
the government of the Confederate States for use during the war: and whereas, in
order to an agreement upon the terms which would be just and reasonable for carrying
the purpose manifested in said resolutions into full effect, the said governor did desig¬
nate and appoint J. R. Tucker and Charles Dimmock on the part of Virginia, and the
said secretary of war did designate and appoint A. T. Bledsoe and J. Gorgas on the
part of the Confederate States, to confer together and agree upon such terms for the
said transfer; and whereas, the said parties so appointed have entered into an article of
agreement in which the terms of transfer are fully set out and defined, which said article
of agreement bears even date with this deed, and is made a part of the same as if herein
inserted and fully recited; and whereas, the parties to this deed do ratify and con¬
firm the terms of the said agreement, as set out and defined in the said article:
Now, therefore, this deed witnesseth, That for and in consideration of the premises
and of the terms, stipulations, covenants and conditions contained in said article of
agreement, the said John Letcher, governor of the commonwealth of Virginia, by virtue
of the authority vested in him, doth hereby turn over and transfer unto the government
of the Confederate States all the property mentioned in rtie said article of agreement
and proposed therein to be so turned over and transferred, subject to all the reserva¬
tions, conditions, stipulations and reversions therein provided for.
*
And the said L. P. Walker, secretary of war as aforesaid, doth, by virtue of the
authority vested in him, accept the said transfer, subject to all the reservations, condi¬
tions, stipulations and reversions therein provided for.
And the parties to this deed, for and in behalf of the commonwealth of Virginia and
of the Confederate States of America, respectively, do hereby covenant and agree that
the several reservations, conditions, stipulations and reversions set out in the said article
of agreement will be faithfully observed, performed and maintained by them, in all
respects whatsoever.
But it is expressly understood that the transfer hereby made to the government of
the Confederate States is only for use during the war, and that the right and title to
the said property is expressly reserved to the said commonwealth.
In testimony of all which the parties to this deed have hereunto set their hands and
affixed their seals the day and year first above written.
(Signed) JOHN LETCHER. [l. s.]
L. P. WALKER,
Secretary of War.
I confirm the above.
(Signed) J. P. BENJAMIN,
Acting Secretary of War.
DOC. No. IV.
COMMUNICATION
RELATIVE TO
officers of the united states
WHO
RESIGNED THEIR COMMISSIONS
IN THE
FEDERAL ARMY AND NAVY.
DECEMBER 14, 1863.
Doc. No. 4.
3
EXECUTIVE DEPARTMENT,
Richmond, Va., December 14, 1863.
Gentlemen of the Senate:
I have received a resolution adopted by your honorable body on the Ilth
instant, which is in these words, viz :
"Resolved, That the governor be, and is hereby requested to communicate to the
6enate, at as early a period as practicable, whether the officers who resigned their com¬
missions in the United States army or navy upon notice of the secession of the state of
Virginia, and whose services were accepted by the state, and who were subsequently
transferred to the Confederate States army or navy, were all received in their appro¬
priate ranks and grades; and that he be further requested to inform this body of all
matters touching the same, which he may think it important to communicate."
In response to these enquiries I state, that in obedience to instructions contained ii|«
ordinances Nos. 9 and 10, passed by the convention on the 17th and 30th days of April
1861, I did extend invitations to all Virginians who held positions in the military and
naval service of the United States to retire therefrom and unite with us upon the terms
therein stated. The proclamation by which this was done is herewith communicated.
Most of those coming within its terms accepted the invitation, and all who did so re- •
ceived commissions in the service of the state.
Subsequently, to wit: on the 24th day of April 1861, an agreement was entered into
between a committee of the convention and Vice President Stephens, by which a union
was consummated between the commonwealth of Virginia and the Confederate States
upon certain terms and conditions therein expressed. In pursuance of this agreement,
I issued a proclamation, dated June 6th, 1861, transferring to the confederate govern¬
ment our forces, supplies, &c. A copy of this proclamation is also herewith communi¬
cated.
The officers who have not been received into the confederate service, and continue to
be paid by the state, are Brigadier General Thomas J. Fauntleroy, Colonel Joseph Sel-
den and Colonel Henry Hill, of the army, and. Captain Hugh N. Page, Captain Harrison
H. Cocke, Commander William Green, Lieutenant Leonard H. Lyne and Sailing Master
H. F. Young, of the navy. Why these officers were not received 'into the confederate
service" and commissioned, I am not informed.
When it was ascertained that these officers had not been so received and commis¬
sioned, the fact was reported to the convention then in session, for such action as might
be considered proper. Subsequently, it was reported to the legislature. If any action
was taken by either body, I was not advised of it.
Respectfully,
JOHN UETCHER.
Doc. No. 4.
5
EXECUTIVE DEPARTMENT,
Richmond, April 20, 1861.
In obedience to a resolution of the convention, the injunction.of secrecy having been
removed, the following section of an ordinance passed by the convention is published
for the information of the public :
" Be it ordained, That the governor of this commonwealth be, and he is hereby
authorized and required to call into the service of the state as many volunteers as may
be necessary to repel invasion and protect the citizens of the state in the present emer¬
gency, which volunteers he will receive in companies and organize into regiments, bri¬
gades and divisions, according to the force required; and the governor shall appoint
and commission the genera*!, field and staff officers of said volunteers, and proceed to
have them organized and instructed; and that he shall immediately invite all efficient
and worthy Virginians, and residents of Virginia, in the army and navy of the United
States to retire therefrom and to enter the service of Virginia, assigning to them such
rank as will not reverse the relative rank held by them in the United States service,
and will at least be equivalent thereto."
By order of the governor.
GEORGE W. MUNFORD,
ecretary of the Commonwealth.
Doc. No. 4.
7
BY THE GOVERNOR OF VIRGINIA—A PROCLAMATION.
The delegates of the people of Virginia, in convention assembled, having, by their
ordinances, passed April 25th 1861, adopted and ratified the Constitution of the pro¬
visional government of the Confederate States of America, ordained and established at
Montgomery, Alabama, on the 8th day of February 1861; and the state of Virginia
having been, by an act of congress of the provisional government of the Confederate
States, passed May 7th, 1861, admitted as a state into the confederate government, and
the president being, under the constitution of the provisional government of the Con¬
federate States, the commander-in-chief of the army and navy of the Confederate
States, and of the militia of the several states when called into the service of the Con¬
federate States.
Now, therefore, I, John Letcher, Governor of Virginia, by and with the advice and
consent of the executive council, do hereby transfer to the authorities of the Confede¬
rate States, by regiments, all the volunteer forces which have been mustered into the
senvice of Virginia, and do order a like transfer to be made, by regiments, battalions,
squadrons and companies, of all volunteers or militia, as the same shall be formed and
their services may be required.
I further hereby transfer to the authorities of the Confederate States the command of
all the officers, seamen and marines of the provisional navy of Virginia for service in
the Confederate States.
I do further order that all officers of the Virginia service now on duty in any of the
departments of the staff, continue to discharge their respective functions under the'di¬
rection and control of the president, until otherwise ordered; and that all quarter¬
master, commissary and medical stores belonging to' the state, and in charge of said'
officers, be turned over for the use of the Confederate States, upon proper receipts for
the articles turned over, to be forwarded to the accounting officer for settlement. All
money in charge of any of the departments will be forthwith returned into the treasury'
of the state.
I do further order all the provisional army of Virginia to respect and obey all lawful
orders emanating from the president, or those commanding under his'authority; and'
that the same may be incorporated, in whole or in part, into the provisional army of
the Confederate States at the pleasure of the president.
I do further authorize the use of all public property, munitions of war, &c., captured'
from the United States, the machinery at Harpers Ferry excepted, by the president or
those acting under his authority, for the common defence.
Given under my hand as governor, and under the seal of the state, at Richmond,
[l. s.] this sixth day of June 1861, and in the 85th year of the commonwealth.
JOHN LETCHERv-
By the governor :
GEOEGB W. Mcni^BD,
Secretary of the Commonwealth.-
DOC. No. y.
COMMUNICATION
FROM THE
GOVERNOR OF VIRGINIA,
/
■Hansmitting-
REPRIEVES, PARDONS, &c.
DEOEMBEB IS, 1863.
Doc. No. 5.
9
O
COMMUNICATION.
EXECUTIVE DEPARTMENT,
Richmond, December 18, 1863.
Gentlemen of the senate and house of delegates :
By .virtue of authority vested in me as governor of the commonwealth, by
the constitution of Virginia, I have, during the last year, reprieved and pardoned a
number of persons, who were condemned to imprisonment in the penitentiary, or in
the county or corporation jails, and have commuted the"capital punishment to which
others were sentenced. In compliance with the fifth section of the fifth article of the
constitution, I now communicate to the general assembly the particulars of every case,
and the reasons for my action therein.
1. John O'Brien, pardoned January 16th, 1863.
At the spring term 1860, of the circuit court for the corporation of Lynchburg, John
O'Brien of Giles county, was indicted for malicious and unlawful stabbing, found
guilty and sentenced to three years imprisonment in the penitentiary. The offence was
committed in 1859, and he had been imprisoned ever since. In the month of June last
a large number of the most respectable citizens of Giles county petitioned for his par¬
don, alleging that he bore the character of a hardworking, honest and harmless man.
I declined to pardon him at that time, and determined to leave him in imprisonment
until he had served three years from the date of his arrest! That time having now ex¬
pired, and as he had deported hi-mself well since he had been in the penitentiary, and
as the person stabbed was only slightly injured and speedily recovered, I directed the
prisoner's discharge.
2. Britton Allen, pardoned same day.
The prisoner was indicted of larceny in the city of Richmond—two indictments hav-
been found. In the first case he was tried before the hustings court at the September
term 1862, found guilty of petit larceny and sentenced to nine months imprisonment in
the city jail; and in the second case he was found guilty of a like offence at the fol¬
lowing November terms of the court and sentenced to ten days' imprisonment in jail.
I learned from the Hon. Win. Hilton, representative in the confederate congress from
Florida, that the prisoner was attached to a regiment from that state still in service in
Virginia, and had proved himself in several engagements a bold and gallant soldier.
He had now been imprisoned nearly one-half his term. His regiment' needed his ser¬
vices, and as he could be of more value to the cause and the country in the army than
in jail, I determined to discbarge Lim, in the hope that future gallantry would wipe out
the stain which these convictions had attached to his name.
3. Frances Marion, pardoned February 23d, 1863.
The charge in this case was for receiving stolen goods, knowing them to have been
stolen; upon which charge the prisoner was tried and convicted at the preceding Janu-
4
Doc. No. 5.
ary term of Albemarle circuit court, and sentenced to undergo imprisonment in the
penitentiary for one year. It appeared that this woman was the mother of eleven chil¬
dren, the two youngest being twins, only two years of age. Her husband, fifty-two
years old, and her eldest son, less than eighteen, had been in the army ever since the
commencement of the war. The children at home were thus deprived of the care and
protection of both parents and of their eldest brother. In consideration of the helpless
condition of these children, the dictates of humanity seemed to require the discharge
of the mother; and at the same time the patriotic conduct of the husband and son
was entitled to be considered in behalf of the prisoner. Under all the circumstances I
directed that she should be discharged.
4.'James Lilly, pardoned same day.
At the May term 18G1 of the circuit court held for Marshall county, James Lilly and
Thomas Lilly were jointly indicted upon a charge of obtaining goods by false pre¬
tences from GeorgeJSdwards of said county. At tbe same term James Lilly was tried,
found guilty and sentenced to undergo two years imprisonment in the penitentiary.
When I was applied to for a pardon he had been in confinement since the 8th day of
May 1861, and during the greater part of the time was employed at work upon the pub¬
lic square. Having thus had an opportunity of seeing him frequently, I had found him
obedient, well-behaved and industrious. His reputation in the penitentiary also was
that of an orderly and submissive prisoner. In consideration of these facts, and as his
term was to expire in a few months, as the institution was becoming much crowded,
and as he desired to join the army, I determined that he ought to be discharged, and
accordingly so ordered.
5. Benjamin Hughes, pardoned February 21th, 1863.
The prisoner was charged, with the murder of his slave. At the October term 1856
of the circuit court for Halifax county, he was indicted, tried, found guilty of murder
in the second degree, and sentenced to imprisonment in the penitentiary for eight years.
Under this sentence the prisoner had now been confined six years and upwards of four
months, and was represented to have conducted himself with strict propriety. He was-
now an old man—near sixty years of age, and in rather feeble health." His three eldest
sons it appeared had been in our army since the commencement of the war, and had
proved themselves true and faithful soldiers. His other children were still young, and
the mother had died since the father's confinement in the penitentiary. The senator
from Halifax, (Mr. Logan,J and tbe two delegates, (Messrs. Edmunds and West,) now
united in asking for his pardon, on the ground that the public sentiment of the county
and especially of the neighborhood in which Hughes lived, was almost unanimous in
favor of his discharge. Colonel Barksdale, who was one of the prisoner's counsel,
considered the judgment, severe, and that imprisonment for five years was ample pun¬
ishment for his crime, lie also concurred with the senator and delegates as to the
wishes of the people of the neighborhood.
Under these circumstances the prisoner was directed to be discharged.
6. Benjamin W. Carter, pardoned March 7, 1863.
The charge here was forgery, upon which Carter was tried and convicted at the
February term, 1863, of the court of hustings for the city of Richmond, and sentenced
to imprisonment in the penitentiary. He was a mere child, thirteen or fourteen years
Doc. No. 6%
5
of age, and was doubtless (as judge Lyons supposed him) the victim of oldbr persons.
His family is highly respectable. In view of all the facts of the case, and especially
of his youth, the jury unanimously recommended him ttf executive clemency.
I.i consideration, therefore, of the facts stated, I directed his discharge.
The crowded state of the penitentiary had now become a subject urgently calling for
some action on the part of the executive, such as might remedy, or at! least mitigat®
the evil. I had repeatedly called the attention of the general assembly to the fact that
the penitentiary was intended to accommodate two hundred and fifty convicts, which
number had been largely exceeded; but nothing had been done by the legislature for
the enlargement of the institution. The number of prisoners had now reached three
hundred and twenty and was increasing with fearful rapidity, and I was therefore
driven to the necessity of selecting the most meritorious and discharging them, to make
way for the new comers. The cases under the next following date, (March 9th 1863,)
were accordingly selected for pardon with the aid of the officers of the penitentiary.-
7. David Davis, pardoned March 9th, 1863.
This convict was indicted before the circuit court of Morgan county for murder,* was
tried, convicted and sentenced by said court at its spring term, 1858,.to eighteen years'
imprisonment in the penitentiary. Davis was an old man when his case claimed the
attention of the executive, having been in service at the battle of Lundy's Lane, where
he was wounded. He was now sixty-four years o-f age, was in feeble health, and since
his confinement in prisoif his hand had been severely crushed. He had also conducted
himself with propriety, and rendered gopd service to the institution by making timely
disclosures to the officers of conspiracies on the part of the other prisoners. Besides
this, he had now become a tax on the institution. Under these circumstances I directed
his discharge.
8. Miles Jones, alias William G. Sallie, pardoned same day.
l the case of this prisoner there were two indictments for forgery, upon which he'
was tried before the circuit court of Petersburg at the fall term 1860, found guilty, and
sentenced by the court on each indictment to be imprisoned two years in the peniten¬
tiary. He had now completed his first term of imprisonment and had served one-fourth'
of his second, had conducted himself with exemplary propriety, and proposed, if dis¬
charged, to join the army. Previous to his conviction he had sustained a good charac¬
ter. His pardon was earnestly solicited by the officers of the penitentiary.
Under these circumstances, and believing that- the demands of justice had-been fully
met, I directed his discharge.
9. William F. Cummins, pardoned same day.
Cummins was indicted on a charge of felony, tried and found guilty, at the May
term, 1861, of the hustings court for the city of Richmond, and sentenced to the peni¬
tentiary for three years. He was now but nineteen years of age, had served nearly
two-thirds of his term, had conducted himself with propriety during his imprisonment,
and proposed to enter the service, if discharged. Under the circumstances of the case,
and in the hope that his future conduct would measurably relieve his name from dis¬
grace, in appreciation also of the patriotic conduct of his mother and-two sisters to oui>'
sick and wounded soldiers, I directed his discharge.
6
Doc. No. S.
10. James H. Ames, pardoned same day.
This prisoner was indicted in the circuit court of Accomac at its fall term, 1854,
tried, convicted and sentenced to imprisonment in the penitentiary for eighteen years.
He was now aged, infirm and subject to epilepsy, and had served out nearly one-half ox
his term, during which his conduct had won the approval of the officers of the peni¬
tentiary, manifested by their recommending his pardon. He was also a burden to the
institution. Uhder these circumstances, I ordered his discharge.
11. James Powell, pardoned same day.
Powell was tried before the circuit court for Greene county, on an^indictment for
murder, found guilty and sentenced to years imprisonment in the penitentiary.
The prisoner was an old man and of feeble health, and during his imprisonment bad
behaved well and given prompt obedience to the officers over him. He was recommen¬
ded by the officers, both because of his uniform good conduct, and because he was a
tax and burthen upon the institution.
For these considerations, I directed his discharge.
12. William C. Ewell, pardoned same day.
At the May term 1855 of the circuit court of Princess Anne county, Ewell was tried,
convicted and sentenced to imprisonment in the penitentiary for nine years. He was
represented as a most excellent prisoner, truthful and industrious, and his pardon was
most earnestly desired by the officers of the penitentiary, £s an example to excite to
emulation in good conduct. The prisoner was now between fifty and sixty years of age
and in feeble health. He had served eight years of his term, during which he had con¬
ducted himself with perfect propriety. His only son capable of bearing arms and his
only son-in-law were in the service of the country, and had been since the war com¬
menced. His wife and a large family of small children were now without a protector.
In consideration of these facts, I directed his discharge.
13 and 14. Samuel and William W. Philips, pardoned same day.
These prisoners, charged with unlawfully killing Rufus Ayres, were indicted, tried
and convicted before the circuit court of Fauquier, at the spring term I860, and sen¬
tenced to three years imprisonment in the penitentiary. Their term of service was to
expire April 24th, 1863. They had conducted themselves well as prisoners, had been
faithful and obedient, and as their term was so near its close, I directed their discharge.
15. Leland Shifflett, pardoned March 13, 1863.
At a circuit court held for Greene county, in November 1860, Leland Sbiiuen,, uum-
monly called Leland Frazier, was indicted, tried, found guiltj- of voluntary manslaugh¬
ter, and sentenced to four years imprisonment in the penitentiary. The piisoner was
now an old man, near sixty years of age, quite feeble, so as to be of no value as a la¬
borer, and consequently an expense. His discharge was recommended by the surgeon
of the institution.
When brought to the penitentiary, an application was made for his pardon and twice
afterwards the application was renewed, but I declined to grant the pardon, as I thought
he deserved some punishment. I determined to release him after he had served half
his term, if the application for pardon should then be renewed, aud if his conduct us a
Doc. No. f>.
7
prisonoj|Sthould have been good. The application was now renewed by Dr. Woolfolk
of the house of delegates, who represented the public sentiment of the people of the
prisoner's neighborhood to be in favor of his discharge. The conduct of the prisoner
while in confinement had been good.
Under these circumstances, and believing that he had been sufficiently punished, I
directed his discharge.
16. Elias Yanderlip, pardoned March 24th, 1863.
This was a conviction before the hustings court of the city of Richmond, at the No¬
vember term 1862, for the offence of fighting in the streets—the sentence being im¬
prisonment in the city jail for six months and the payment of a fine of five hundred
dollars, and the cost of prosecution. The fine and costs had been paid and he had un¬
dergone four months imprisonment. During his confinement in jail, his wife had dis¬
posed of almost all his property and was preparing to leave the city with the proceeds.
Under these circumstances the mayor of the city applied for his pardon and it was
granted.
17. Abraham H. Showalter, pardoned April 1st, 1863.
This convict was indicted, tried and found guilty at the October term 1860, of the cir¬
cuit court for Rockingham county, and sentenced to twelve years imprisonment in the
penitentiary. At the time of the trial great excitement prevailed, and hence the con¬
viction. Afterwards Col. Hopkins, a delegate from the county, and Mr. Pennybafiker,
the senator from that district, informed me that it was the general opinion of the peo¬
ple that Showalter was unjustly convicted, and now desired his release. Numbers of
the most respectable citizens also asked his discharge. Under all the circumstances of
the case, duly considered, I believed that justice required that he should be discharged,
and it was accordingly so ordered.
18. Absalom C. Nelson, pardoned April 17th, 1863.
A$fc the fall term 1859 of the circuit court of Pendleton county, the prisoner was
tried on indictment for aiding the slaves of Michael Hankie to escape from their mas¬
ter, found guilty and sentenced to five years imprisonment in the penitentiary. The
testimony against him was furnished by an accomplice of infamous character, while
the sheriff who summoned the jury and kept it during the trial, furnished the money
to aid in the prosecution. Since Nelson's confinement in the penitentiary his conduct
has been uniformly good, according to the testimony of the officers. Much of his time,
since I came into office, had been employed on the public square, and the opportunity
had thus been afforded me of witnessing his conduct. He had been polite, obliging
and industrious, and his work had been faithfully executed. His term was now more
than three-fourths completed, and he desired, if discharged, to enter the army in de¬
fence of his native state. Mr. Woodson, the counsel who defended him in the case,
stated that his conviction was in a great degree the result of prejudice, and that pre¬
vious to this charge he sustained the character of an inoffensive, man,*t.hat he has av
large and dependent family, and that his neighbors generally desire his release.
In consideration of all these facts, I ordered his discharge.
19. A. W. McPherson, pardoned May 11th, 1863.
The trial of McPherson was before the circuit court of Roanoke county, at the spring
8
Doc. No. 5.
term of 1862, on an indictment for murder; he was found guilty of manslaughter and
sentenced to imprisonment in the penitentiary for the term of three years, lliis man
had served his country faithfully in this war, and Judge Hudson, who tried the case,
says "the blow was struck in a moment of passion and while the prisoner and the de¬
ceased were engaged in»a violent personal rencountre. The prisoner proved an excellent
character up to the time of the commission of the offence." A large number of citi¬
zens of Craig and Giles counties were for his pardon.
In consideration of the previous good character of the prisoner, and bis good con¬
duct as a-soldier, and because the killing under the circumstances could not have been
premeditated, I ordered his discharge.
20. Job Self, alias Job Chenault, pardoned ^lay 21, 1803.
At the spring term, 1858, of the circuit court of Caroline county, this prisoner was
indicted for murder, was tried and found guilty of murder in the second degree, and
sentenced to eighteen years' imprisonment in the penitentiary. Mr. F. W. Scott and
the Hon. D. C. Dejarnette, and other citizens of the county; now applied for his pardon.
Mr. Scott says in his letter: "Self and Vaughan (the party killed) were upon the most
friendly and intimate relations up to the time of the murder. The broil originated in a
drunken spree, in which both parties were equally culpable. There was great obscurity
In the evidence as to which of the parties commenced the affray. Up to the time of
this murder, Self maintained a very fair character for honesty and good conduct in his
neighborhood, except when under the influence of liquor, and then it was proved by
several witnesses that his reason was dethroned, and that he would as soon do one act
as another. It moreover appeared from the evidence that he had been under the in-
fluence of liquor for about a week. I have no doubt that at the time the murder was
committed the murderer was a maniac, and I thought at the time that the finding of the
jury and the judgment of the court was very severe. Under all the circumstances,
looking to his long confinement in the penitentiary, and the destitute condition of his
family, I think the executive might exercise the pardoning power in behalf of the
prisoner." The Hon. Mr. Dejarnette substantially confirmed the statement of Mr.
Scott.
Under these circumstances, believing that the law had been sufficiently vindicated, I
directed his discharge.
21. Thomas J, Robinson, pardoned May 22, 1S63.
The circuit court of the county of Grayson, at its fall term, September 1S61, con¬
demned Thomas J. Robinson to five years' imprisonment in the penitentiary for the
crime of murder in the second degree. The prisoner had now been in the penitentiary
nearly two years, and had conducted himself properly there. He had borne a good
.character previous to his trial, of which the evidence was very strong, and he possessed
a mild disposition. The petition for his pardon submitted to me was signed by more
than five hundred persons—his neighbors and friends—and the judge who tried him
united in a letter recommending his pardon. Many letters were also received from
highly respectable aud intelligent persons asking for his release.
.Under these cirpumstaiices T granted his pardon, and ordered his discharge from im¬
prisonment.
John Turner, Charles E. Allison, A. Mason and Charles Walker, alias A. J. Ilill,
pardoned May _2f>, 1863.
Doc. No. 5. 9
22. J<5hn Turner, tried before the circuit court of Pulaski county, on an indictment for
the larceny of certain bonds, found guilty and sentenced to one year's imprisonment in
the penitentiary.
<• t
23. Cbanes E. Allison, tried and convicted in the circuit court of Buckingham at its
spring term, 1863, on an indictment for stealing a horse, and sentenced to one year's
imprisonment in the penitentiary.
24. A. Mason, indicted before the judge of the hustings court of the city of Rich¬
mond at its February term, 1863, for obtaining money under false pretences, tried, con¬
victed and sentenced to imprisonment for the period of four years.
25. Charles Walker, alias A. J. Hill, indicted before the circuit court of Appomattox
connty at its fall term, 1862, for grand larceny, tried, convicted, and sentenced to twelve
months' confinement in the penitentiary.
These parties having furnished valuable information to the superintendent.of the
penitentiary in regard to the threatened outbreak among the prisoners, and that infor¬
mation having been found by subsequent developments to be entirely reliable, they
were, in consideration of theirgood conduct in this particular, ordered to be discharged.
26. George Burns, pardoned May 28, 1863.
Burns was indicted, tried and convicted of larceny at the May term, 1863, of the court
of hustings for the city of Richmond, and sentenced to one year's imprisonment in the
penitentiary. The jury which tried him unanimously recommended him for pardon, in
which the witnesses for the commonwealth concurred. The prisoner was represented
to have always borne a good character, and was shown to have been intoxicated at the
time of the offence. His officers certified that he was an excellent soldier, and had re¬
fused to leave the service, though entitled to do so, until detailed without his knowledge
to work in the government shops. His employers stated that he had always conducted
himself with propriety. Besides this, he^hatl a wife and three small children (refugees
from their homes) totally depending upon him for their support. A number of the
most respectable citizens of this city united in the appeal for executive clemency.
For these reasons, I directed his discharge.
Jerry Kinney and William O'Brien, pardoned June 2d, 1863.
27. Jerry Kinney was indicted at the November term 1862, of the court of hustings for'
the city of Richmond, held by the judge therefor, for a felonious and malicious assault
upon one Michael Reardon, with intent to maim, disfigure, disable and kill, was tried
and convicted of unlawfully shooting the said Reardon, and was sentenced to twelve
months imprisonment in the city jail.
28. And at the said term of the said court, William O'Brien was indicted for an un¬
lawful attempt to commit burglary with intent to commit a larceny, and was tried, con¬
victed and sentenced to twelve months imprisonment in the city jail, and during that-
time to be put to labor upon the public works.
On the 31st May 1863, Dr. John Dove, physician to the city jail, certified that these
prisoners (Jerry. Kinney and Wm. O'Brien) were suffering from constitutional scurvy^
which in his opinion would prove fatal unless they were removed to a purer air thaa
the damp cells of our jail—advising their "removal to the poor house.
10
Doc. No. 5.
To avoid the fatal results certified as the probable consequence of longer confinement
in the jail, I ordered their discharge.
29. John Phelj^, alias John Dunbar, pardoned same day.
« •
James M. Elmore and John Phelps alias John Dunbar, were jointly indicted at the
February term 1863, of the court of hustings for the city of Richmond, before the
judge therefore, for the larceny of a horse, and electing to be tried separately, at the
same term the said John Phelps alias John Dunbar, was tried, convicted,"and sentenced
to two years imprisonment in the penitentiary.
•
The sergeant of the city certified that in being conveyfed from the courthouse to the
jail he might most easily have made his escape from the officers in charge of him; one
of the prisoners-along with him broke and ran and the officer pursued him, leaving
Phelps and another prisoner to one officer ; and the said Phelps, instead of making his
escape as he could have done, picked up the officer's cloak and umbrella and carried
them fo the jail. Considering that his previous character had been good and that he is
nearly the only support of a widowed mother in the county of Buckingham, I respect¬
fully recommend him to executive clemency.
The pardon of Phelps, was also asked for by his honor, the mayor of Richmond, and
by a number of petitioners who certify to hi3 previous uniform-good character.
For these reasons, I ordered his discharge.
30. John Murphy, pardoned June 6th, 1S63.
The charge here was malicious shooting, upon which he w#ns indicted and tried be¬
fore the hustings court for the city of Richmond, at the term still continuing when the
application for pardon was made. The jury acquitted him of the charge of malicious
shooting, and sentenced him to one years imprisonment in the penitentiary. The facts
of the case, as I was informed, were substantially these : The prisoner having been se¬
verely wounded in the arm at a fight at "Warrenton Sprifigs, August 24, 1862, was
sent to Richmond for surgical treatment, and at the time of the occurrence was still
here, not sufficiently recovered to be restored to duty in his company. Callahan, the
party injured, who is represented as a quarrelsome man when under the influence of
liquor, provoked a quarrel with the prisoner, who in his disabled condition could not
fight him and retreated around the corner of a house, Callahan still pressing on him,
at which time the prisoner fired, inflicting a slight wound, from which Callahan soon
recovered.
Several highly respectable citizens of Richmond applied for Murphy's pardon. Major
Dooley says: " I sign this petition because I know Callahan (the man shot) to be a
badly behaved man when in liquor. Murphy has always borne a good character." In
addition, the officers and privates of the company to which Murphy belonged, and in
which he enlisted in April 1862, and with which he served in all the battles of June
around Richmond, and that of Cedar Run and others, unanimously appealed to me to
pardon him, stating that he was a good soldier and well-behaved man.
In consideration of all the circumstances of the case, and with the view of retaining
a good soldier in service at this time of public need, I directed his discharge.
31. Minerva Meredith, pardoned June 8th, 1863.
This woman was indicted at the May team 1863, of the hustings court of Richmond
Doc. No. 5.
11
city, for a misdemeanor, tried, convicted and sentenced to pay a fine of one hundred
dollars and the costs of prosecution, and to be imprisoned six months in the city jail.
Dr. Thomas Pollard certified, upon an examination had, that the prisoner was "suf¬
fering from a tumor on the neck, which presses on the windpipe and blood-vessels of
the part, producing difficulty-in swallowing and impediment to the circulation. From
this impediment to the circulation results fulness of the head and sometimes pain and
much flushing of the face. On this account free air is very necessary for the preven¬
tion of bad effects of impeded circulation and consequent,impairment of respiration,
and it is my settled conviction that confinement in the close and impure air of prison
may result in serious effects to Mrs. Meredith's health and possibly in fatal effects." For
these reasons he expressed the hope and the request that it might be the pleasure of
the executive of Virginia to remit her sentence, and discharge her from confinement.
In this opinion, Dr. Dove, the jail physician, concurred.
A petition respectably signed also asked for her pardon, to which petition his honor
the mayor adds : "From my knowledge of the city jail, its crowded condition at this
time and the great confidence I have in Dr." Pollard, whose certificate accompanies this
petition, I sign it with pleasure."
To present the fatal effects of longer confinement, I directed the discharge of the
prisoner. The fine and costs were not remitted.
32. Louisa Lawhorne, pardoned June 11, 1863.
At the June term 1863, of the circuit court for the corporation of Lynchburg, Louisa
Lawhorne was indicted, tried and convicted of forgery and sentenced to two years im¬
prisonment in the penitentiary. This woman is believed to have been the dupe (jf
other persons; and hence the party whose name was forged, the jury who tried the
case, the attorney for the. commonwealth who prosecuted her„and respectable citizens
united in an appeal for her pardon. Under these circumstances, the pardon was granted.
33. Fendall Thomas, pardoned June 24, 1863.
Thomas was charged with stealing two reams of ordinary writing paper, valued at
$200. He was indicted, tried and convicted of grand larceny and sentenced to one
years' imprisonment in the penitentiary. The prisoner wad% youth of seventeen years
of age, and the jury, without application made to them, unanimously recommended
him to executive clemency, " in consideration of his youth, and the mitigating circum¬
stances of the case." The judge "who sat upon his trial also recommended him to execu¬
tive clemency. If pardoned, he proposed to join the army, and under all the circum¬
stances, I thought it best to discharge him.
34. Mary Duke, pardoned July 1st, 1863.
At the May term 1863, of the circuit court of Richmond city, Mary Duke was indicted
for a misdemeanor, and was tried, found guilty and assessed with a fine of one hun¬
dred dollars and sentenced to six months imprisonment in the jail of said city. The
prisoner was a married woman, whose husband was in the army of Northern Virginia-
She had four children, all under the age of fifteln years, and all of them entirely de¬
pendent on her for care and support in the absence of her husband. She was also rep¬
resented by Drs. Trent and Anderson, physicians of this city, as being in a delicate
state of health, with a decided tendency to consumption, and they expressed the belief
hat continued close confinement would tend to develope the disease. Dr. Dove, the
12
Doc. No. 5.
physician of the jail, concurred in this opinion, and thought her health would be en¬
dangered by longer confinement.
For these reasons I directed her discharge—the sergeant of the city having certified
that she had paid the fine and costs.
35. J. H. Johnson, pardoned July 27th, 1863.
Johnson was indicted at the circuit court of Lynchburg at the June term 1863, for
keeping and exhibiting a faro bank, and was tried, found guilty and sentenced to pay a
fine of one hundred and thirty-three dollars- and the costs- of prosecution, and to im¬
prisonment in the city jail for two months ; and at .the same court the prisoner was in¬
dicted for one other like offence of keeping and exhibiting a faro bank, and upon his
t'rial was found guilty and. sentenced to pay a fine of four hundred dollars, and to suf¬
fer imprisonment for two months in the city jail, in addition to the preceding judg¬
ment.
It appeared from the petition for the pardon of the prisoner, that this was the first
time he had ever exhibited the game in the Confederate States—that he had behaved
gallantly in the war with Mexico, and had been in the service of Virginia in the pre¬
sent war from its commencement, and is still in said service. The petition is^igned by
the officers of the court, the mayor of Ly ichburg, justices of the peace, and the most
respectable citizens of Lynchburg; It was certified that the several fines and costs had
been paid.
Believing that the law had been sufficiently vindicated, and in deference to the wishes
of the petitioners, I directed his discharge.
36. R. D. W. Read, pardoned same day.
At the said term of the circuit court of Lynchburg, (June 1863,) R. D. W. Read was
indicted and found guilty of keeping and exhibiting a faro bank, and sentenced to pay
a fine of one hundred dollars and costs, and to be imprisoned two months in the city
jail. And again at the same court, the prisoner was tried upon an indictment for an¬
other offence of the same kind, and was found guilty and sentenced to the payment of
one hundred dollars and cost, and to two months imprisonment, and to two additional
month iraprisoment in jaiTT The pardon of Read #as asked for by many of the most
respectable citizens of Lynchburg and Bedford, under circumstances calling loudly for
executive intervention. Believing that the dignity of the law had been sufficiently vin¬
dicated, and i,n deference to the wishes of the respectable petitioners who asked for his
pardon, I directed his discharge.
37. Edward B. Ledbetter, pardoned August 10th, 1863.
At the spring term 1858 of the circuit court for Sussex county, Ledbetter, was tried
on indictment for committing a rape upon one Harriet S. Miles, a free negress, and was
convicted and sentenced to ten years imprisonment in the penitentiary. The case does
not seem to have been free from doubt even in the minds of the jury who tried him, as
their verdict is accompanied "with a recommenda-tfon to the clemency of the execu¬
tive." The Hon. J. R. Chambliss and A. C.Butts, Esq., and others, who heard the trial,
applied to me to pardon the prisoner, and these gentlemen of distinction in the legal
profession assured me that in their opinion he should have been acquitted, and further
that a majority of the people of Sussex concurred with them in this opinion.
Doc. No* 5.
13
Under the influence of the recommendation of the jury and these representations, I
granted the pardon.
38. Mary Sullivan, pardoned August 24th, 1863.
She was indicted in the hustings court of the city of Richmond, and tried before the
Hon. Judge Lyons, at the September term 1863, for grand larceny, and was convicted
and sentenced to one years' imprisonment in the penitentiary. Two other indictments
were found for like offences, but when the above sentence was passed, the judge, in con¬
sideration of the youth of the prisoner, directed nolle prosequis to be entered in the
other cases.
The prisoner was represented, in addition to her youth, to be of weak intellect, and
as she had served more than eleven months of her term of imprisonment, I directed her
discharge.
39. Thomas Cooper, a free negro, pardoned August 25th, 1863._
The prisoner was indicted before the circuit court of Augtffeta county, at its spring
term 1860, for grand larceny and was tried, found guilty and sentenced to five yea'rs
imprisonment in the penitentiary. Since the judgment in th'is case the prisoner had
been for the most part hired out under the provisions of the act of assembly, and had
conducted himself in the most exemplary manner, and had commended himself to the
favor of those with whom he had been brought in contact—he had served nearly two-
thirds of his terra, and expressed a desire to enslave himself according to the law of
Virginia, in such case made and provided.
For these reasons I directed his discharge.
40. James Harding, pardoned August 29th, 1863.
The circuit court of the county of Roanoke, at the August terra 1863, condemned
James Harding, a youth of sixteen years to imprisonment in the penitentiary for one
<l|
year, for the crime of horse stealing. A petition for his pardon was presented to me
signed by the judge who tried him, the commonwealth's attorney who prosecuted him,
eight of the jury who convicted him (the remainder being inaccessible,) and other re¬
spectable citizens, including the sheriff of the county and the clerk of the court. Al¬
lowing its due weight to such a petition, and considering the extreme youth of the
prisoner, I was induced to extend clemency in this case. I accordingly granted the par¬
don.
41. William Daily, pardoned August 31, 1863.
The circuit court of Pulaski county at its fall term of 1862, condemned Wm. Daily
to oue years' imprisonment in the penitentiary for the crime of larceny. The prisoner
in this case having but a few weeks remaining of his term of imprisonment, and hav-
conducted himself well and served faithfully, and being anxious to go into the army
for the war, I deemed it proper to release him from imprisonment for the short time re¬
maining of his term, and accordingly granted him a pardon.
42. John McA,nally, pardoned same day.
The judge of the court of hustings of the city of Richmond, on the 23d day of Sep¬
tember 1863, condemned John McAnally to one years' imprisonment in the penitentiary
for the crime of larceny. In this case the amount stolen was barely sufficient to raise
14
Doc. No. 5.
the offence above the grade of misdemeanor, and the prisoner having been faithful da¬
ring his term of imprisonment, now nearly expired, and desiring to join the army, I
concluded that he was a fit subject for the pardoning power, and therefore ordered his
discharge.
43. John Coneal, pardoned same day.
Coneal was condemned by the circuit court of Ohio county to ten years imprison¬
ment in the penitentiary for the crime of manslaughter. As he had now served more
than seven years of his term and his conduct had been unexceptionable, an application
for his pardon was submitted by Bishop McGill, who had taken a lively interest in his
behalf. The prisoner also desired to take part in the war to sustain the cause of the
south. For these reasons I pardoned him and ordered his discharge.
44. Thomas Blackerby, Jr., pardoned same day.
At the spring term 1850 of the circuit court for the county of Northumberland, Black¬
erby was condemned |1fe years imprisonment in the penitentiary for the crime of
murder in the second degree. The prisoner hadservel m jre than four years of his
term of imprisonment. Three of the assistant keepers of the penitentiary certified that
he had always been well behaved, tractable and industrious, and earnestly recommend¬
ed his pardon. He was anxious to join the army. For these reasons I interposed in
his behalf and granted hitn a pardon.
45. Charles Douglas, pardoned same day.
The circuit court of Marshall county, in 1854. condemned Charles Douglas to im¬
prisonment m the penitentiary for five years, for the crime of burglary. Having served
out his term, he was again condemned by the same couit, on the 6th day of October
I860, to nine jrears imprisonment in the penitentiary, for murfer in the second degree.
In consequence of these several convictions the prisoner, upon being identified in the
circuit court of Richmond as having been twice convicted, was sentenced by the said
court to an additional term of five years imprisonment, according to law. I determin¬
ed to pardon the prisoner because of doubt as to his guilt in the last case of convic¬
tion, it being believed by many thafhe acted in self-defi nee. His application was sus¬
tained by Gen. Haymond and Mr. Brannon, members of the house of delegates and sen¬
ate, and by other respectable persons.
4G. Uriah Potter, pardoned September 1st, 1S63.
On the 23th day of August 1863, Uriah Potter was tried and convicted by the hus¬
tings court for the city of Richmond, on an indictment for dealing faro, and sentenced
to pay a line of two hundred dollars and the costs of prosecution, and to be imprison¬
ed in the public jail for six months. The prisoner solemnly averred his innocence and
declared that the only witness who testified against him had never seen him before and
had not seen him again until after his arrest upon a warrant some three weeks after the
playing is alleged to have taken place. The witnes#did not know the name of the pe¬
titioner, and had no acquaintance with him. The whole question therefore is one of
identity, and there is no question about which people not well' acquainted are more
liable to mistake. Whether a mistake was committed in this instance I will not decide,
but it seems to mo to be a matter of uncertainty.' Under these circumstances, as the
prisoner had paid the fine and costs', and as his petition was endorsed by L. W. Glaze-
brook, T. B. Bigger, N. B. Hill and others, I determined to pardon him—without intend-
Doc. No. 5.
15
ing thereby to cast any imputation upon Mr. Green, the witness, whom I know, and
who I believed to be a conscientious man.
47. James Lester, pardoned September 7, 1863.
At the fall term 1856, of the circuit court for Bedford county, James Lester was in¬
dicted for murder in the second degree and sentenced to undergo imprisonment in the
penitentiary for the term of five years. After he was received into the penitentiary, it
was ascertained that he had previously been convicted of burglary in the year 1847,
and had served a term of five years. He was thereupon carried before the circuit court
for the city of Richmond, and five years were added to his term under the last convic¬
tion. He was confined in jail nearly a year before his final trial, the first jury being
unable to agree, and at the time of this application to me had been nearly seven years in
the penitentiary. The officers of that institution represented that'he had conducted
himself with great propriety as a convict. His discharge was also asked for by Gen.
T. S. Haymond and the late superintendent, Colonel Pendleton. As there was reason
to. believe that he had reformed, as he had two sons in the army, and was himself a
conscript and desired to join the army, I directed his discharge.
48. Bob Briggs, a free negro, pardoned same day.
Bob Briggs was tried before the county court of Surry, on the charge of burglary,
found guilty and sentenced to five years imprisonment in the penitentiary. The justices
who sat upon his trial were now satisfied of his innocence, and in conjunction with
other justices and citizens, including the sheriff of the county, asked for his discharge.
Under these circumstances, the pardon was granted.
49. Thomas Dilshaw, pardoned September 9, 1863.
At the May term 1863, of the Richmond hustings court, Dilshaw was indicted, tried
and convicted of petit larceny and sentenced by judge Lyons to six months imprison¬
ment in the city jail. He had now been confined under this sentence during nearly
four months, and Capt. Rogers, to whose company he belonged, had made application
for his pardon. Believing that he could be of more service to the state in the military
service than in prison, I directed his discharge.
50. Ambrose J. Abshire, pardoned same day.
The charge against Abshire was of felonious homicide. Upon this charge he was
tried in the circuit court of Franklin county at the October term 1862, found guilty of
involuntary manslaughter and sentenced to imprisonment in the county jail for one
year and to pay a fine of four hundred dollars. He had now been in confinement for
about eleven months, and the physician to the jail certified that he was in feeble health
and that his life would be endangered from longer confinement. His conduct since his
confinement was represented to have been good, and it was said that he exerted him¬
self greatly to prevent the escape of prisoners confined with him. Under these circum¬
stances I directed his discharge ; not relieving him, however, from the payment of the
fine and costs.
51. Andrew J. Bear, pardoned September 10th, 1863.
At the spring term 1862, of the circuit court for Monroe county, Andrew J. Bear was
found guilty on indictment for larceny and sentenced to two years imprisonment in the
penitentiary. He had now served nearly seventeen«months of his term, and his pardon
16
Doc. No. 5.
•was applied for by General Chapman and others, most respectable citizens of Monroe,
and amongst other reasons assigned, he was stated to be of very wealj mind. Consid¬
ering that the ends of justice had been attained in this case, I directed his discharge.
52. John W. Butler, pardoned same day.
Butler was tried before the hustings court of the city of Richmond, at the May term
1863, on indictment for malicious stabbing, and sentenced to imprisonment in the city
jail for one year, and to the payment of two hundred and fifty'dollars fine, and costs of
prosecution. Nine of the jury who convicted him now asked for his pardon, inasmuch
as he was a soldier, and would if released, immediately join his company. He had
been imprisoned four months, and as he was unable to pay either fine or costs, bis lon¬
ger imprisonment would only have imposed a burden upon the state. Believing that he
could be of more service in the array, I directed hi3 discharge.
53. Abram Cottingham, pardoned September 14, 1863.
At the spring term 1858 of the circuit court of Northumberland, Cottingham was
found guilty of murder in the second degree, and sentenced to imprisonment in the
penitentiary for the term of fifteen*years. The prisoner was when I acted on his case,
fifty-eight years of age. had a wife and eleven children living, two of his sons and a
son-in-law being in the confederate army. Previous to the occurrence which resulted
in his conviction, the prisoner sustained an excellent character. It appeared in evidence
that his son, a youth of twelve years of age had been assaulted by Jenkins and some¬
what injured, and hearing of the outrage upon his child, he made an assault upon Jen¬
kins and beat him so severely that he died the next day. He used no weapon and there
was no evidence of premeditation. Mr. Bass, the superintendent of the penitentiary
says "every officer here bears testimony to the extraordinary good conduct of Cotting¬
ham." In consideration therefore of his age, of his previous good character, of the
fact that he has a large and helpless family, of the patriotism of his sons and son-in-
law, and of his faithfulness as a prisoner, I directed his discharge.
54. John Green, pardoned September 22, 1863.
The prisoner was charged with being an accomplice in the murder of Kufus Cox. On
this charge, he was, at the May terjn 1862 of the circuit court for Grayson county,
found guilty and sentenced to imprisonment in the penitentiary for the term of five
years. He had been imprisoned in the county jail for about one year previous to his
final trial and sentence. The principals in the murder both escaped from justice, but
were afterwards arrested and brought to trial. Several applications were made to me
for the pardon of Green, but I declined to interfere because I did not think he had been
sufficiently punished. The application was now renewed by the petitioners, the sena¬
tor from the Grayson district, backed by a letter from the judge who tried the case, and
who expressed the opinion that Green was a proper subject for the exercise of execu¬
tive clemency. Believing that the ends of justice had been attained, and that the ma¬
jesty of the law had been vindicated, I directed his discharge.
55. Thomas Parsons, pardoned September 28, 1863.
In the fall of 1858, Thomas Parsons, then about sixteen years of age, was indicted
for house burning and was tried before the circuit court of Alexandria county, found
guilty and sentenced to imprisonment in the penitentiary for five years. His term was
to expire on the 23d of .November: JLSG3 j and as he Jiad beeu recommended for pardon.
Doc. No. 5.
IT
by Col. Stuart, attornav for the commonwealth for Alexandria, who prosecuted him, as
his conduct while in the penitentiary had been good, and as he proposed to enter the
army, I determieed to release him for the balance of his term, not quite two months,
and accordingly ordered his discharge.
56. Richard Costillo, pardoned September 30, 1863.
At a hustings court holden for the city of Richmond on the 18th day of September
1863, Richard Costillo, charged with grand larceny, was indicted, tried, plead guilty
and was sentenced to two years' imprisonment in the penitentiary. The judge, the at¬
torney for the commonwealth and the jury all united in an application for his pardon.
The circumstances attending the case were such as to create a doubt whether be in¬
tended to steal the watch, as was charged against him. H'e was also without counsel.
His previous character as a man had been good, and he had proved himself a faithful
soldier. Under these circumstances, I directed his discharge.
57. Benjamin F. Green, pardoned October 1, 1863.
Green was charged with grand larceny and on that charge was indicted, tried and
found guilty in the circuit court of Page county, and sentenced to one year's impris¬
onment in the penitentiary, at the September term 1863. I learned through the sheriff
of the county that the circumstances attending the case were these. The prisoner, who
was less than eighteen years of age, had served in the cavalry arm of the service for
more than two years, during which time he had lost two horses. Finding a loose
horse in the road branded "U.'S.," he took him into possession and removed him to a
neighboring blacksmith shop to be shod, and while there was arrestedp The boy's ac¬
count was, that finding the horse loose, and believing that he belonged to the United
States, he thought he had a right to take him for use in the service of the country, and
that in doing so be was not trespassing upon the rights of property of any qi,tizen of
the Confederacy. These facts I derived from Mr. Bass, the superintendent of the peni¬
tentiary, who derived them from the sheriff and the prisoner. Entertaining, therefore,
a reasonable and well-founded doubt as to the guilty intention of the prisoner, and
also in consideration of the patriotic spirit he had exhibited in the country's cause, I
ordered his discharge.
58. Patrick McGarry, pardoned October 6th, 1863.
In the court of hustings for the city of Richmond at the August term 1863, Patrick
McGarry was tried on indictment and convicted of firing at a man in one of the streets
of the city, and was sentenced to pay a fine of one hundred dollars and costs of prose¬
cution and to be confined six months in the city jail. McGarry was at the time the
offence was committed a private in the 17th Mississippi regiment, and is reported to
have been a quiet, inoffensive and respectable man and an excellent soldier. It appears
that on the day of the shooting, McGarry had gone into a drinking house, and while
there was assaulted and beaten in a violent manner and taken up and thrown into the
street. Smarting under this treatment he went off, and shortly after returned with his
musket and seeing a Mr. Henderson standing in the door of the saloon where he had
received the beating, he fired at him, mistaking him for the person by whom he had
been beaten ; but no harm resulted. The person shot at did not appear against him,
and the prisoner had no counsel. The mayor of the city who committed him asked his
discharge, stating in his letter—"had I not felt constrained under the terms of the law
to commit him, I would have discharged him. I now pray your excellency to grant
3
18
Doc. No. 5.
him a pardon from the imprisonment." For these reasons I directed his discharge, not
relieving him, however, from the payment of the fine and costs.
59. William Steele, pardoned October 10th, 1863.
The indictment in this case was for exhibiting a game called faro, and was found in
May 1863. Under this indictment, he appeared before the hustings court of Richmond
city at the July term, 1863, and gave bail in the sum of one thousand dollars. At the
September term he was tried, found guilty and sentenced to the payment of a fine of one
hundred dollars and the costs of prosecution, and to be imprisoned in the city j^il for six
months. The only witness in the case was Dr. Thomas C. Maddux, who was a party to
the gaming alleged to have taken place on that occasion.
The petition charges that he " did indict other men at the same time" thai he in¬
dicted the petitioner—that "these men bought him off with large sums of money, as
can be proven—that it was evident his wlyffe purpose was to extort money. Your pe¬
titioner had no large sum of money to give him, and knowing his innocence of course
did not propose any hush money."
On reference to the records of the hustings court, I found that Maddux did indict at
the same time Henry F. Hungerford, Charles H. Wilson and Edward L. Israel, in seve¬
ral cases, and these persons were discharged under the third and fourth sections of the
Jaw in the Code of I860, chapter 142, page 626. These parties, as I learned, paid to
Maddux the sum of twelve hundred and fifty dollars.
Steele protested his innocence, and the other parties indicted also declared him innocent.
From all I was ^)le to gather in regard to the character and standing of each, I at¬
tached more credit to the statement made by the accused than to the testimony of the
witness. The man who voluntarily and in his proper person risks his money at cards,
loses it,«and then voluntarily institutes legal proceedings against the parties alleged to
have won it, is not in my opinion entitled to much respect, nor are his statsments en¬
titled to weight, whether made under oath or not.
Under ,these .circumstances, the accused applied for a pardon and his application was
.sustained by eleven of the jury who. tried the case, by some of the most respectable
.citizens of Richmond and by members of both houses of the general assembly. His
(discharge was ordered, but he was not released from the payment of the fine and costs.
60. Isaac JJarris, a free negro, pardoned October 12th, 1863.
In the circuit court of Chesterfield county at the August term, 1862, Isaac Harris, a
free negro, was found guilty of malicious stabbing and sentenced to eight years im¬
prisonment in the penitentiary. The gentleman, who .was stabbed, in connection with
.the attorney for the commonwealth, and others, citizens of Chesterfield and Mr. Am¬
bers, the member of the legislature from that county, now asked for his pardon on
the ground that the punishment the prisoner had received had been sufficient to atone
for the violation of the law. Since his imprisonment he had suffered severely from
rheumatism urid had only partially recovered. The officers in the institution also cer¬
tified to his good conduct.
Under these circumstances, his discharge was ordered.
61. John T, Owen, pardoned October 15th, 1863.
.John'T. Owen, charged with the commission of a rape ijpon his own daughter, was
Doc. No. 5.
19'
indicted at the spring term of the circuit court of Halifax county, in the year 1857,
was tried, found guilty and sentenced to eleven years' imprisonment in the penitentiary.
Since his conviction the public mind had become satisfied that he was not guilty of the
offence, and a large number of the most respectable citizens of the county, endorsed!
by John R. Edmunds, Elisha Barksdale, Thomas S. Flournoy and Charles S. Carrington,-
Esquires, now applied for his pardon. The papers in the case satisfied me that he wa'3
improperly convicted, and I therefore directed his discharge.
62. William Grimstead, pardoned October 20th, 1863.
, At a special term of the circuit court holden for the county of Princess Anne, in the'
month of June 1861, William Grimstead, charged with murder, was tried and found'
guilty of voluntary manslaughter, and sentenced to four years imprisonment in the'
penitentiary. He had now served two years and four months of his term, and his wife'
and children, being in the enemy's lines and in great destitution, applied for his par¬
don. The superintendent stated that he had conducted himself well during his confine¬
ment—had been humble and obedient.
Under the circumstances, and believing that the ends of justice had been attained, f
granted the pardon.
63. Robert Patterson, pardoned same day.
At the' March term of the hustings court, held for Richmond city, in the present
year, Robert Patterson, charged with murder,-was indicted, tried, convicted of volun--
tary manslaughter, and sentenced to one year's imprisonment in the penitentiary.-
Shortly after his conviction, the officers of the medical college, in whose employment'
he had been for some time, sustained by Judge Lyons, who tried the case, applied to'
me for his pardon. 1 refused it then because I considered that he ought to be punished'
to some extent, as he had previously been a convict in the penitentiary, and had served
a term.-
The application was now renewed—the prisoner had served near seven months of his'
time,- and as the session of the medical college was about to open, and his serviced
were represented to be indispensable in his former capacity, I- directed his discharge.
64. Reuben Able, pardoned October 24th, 1863i
Reuben Able, charged with, murder, was indicted in the' circuit court for Prince
William county, at the October term, 1860. The trial did not take place during the
term at which the indictment was found, in consequence of a continuance moved for'
by the prisoner. At the succeeding spring term the commonwealth moved for a con¬
tinuance, because of the absence of the attorney for the commonwerlth. The trial was
had at the October term, 1861. The prisoner was found guilty of voluntary man¬
slaughter,-and was sentenced to imprisonment for three years in the penitentiary. The'
prisoner was now upwards of sixty years of age, badly ruptured, infirm in health, ancf
a charge upon the institution. Since his confinement his conduct as' a prisoner had-
been good. Be had fom: sons in- the army who had proved themselves good soldiers-
and who had asked forThe pardon of their father. In consideration of the good con-"
duct of the sons, the age and infirmity of the father, and the fact that he had been con¬
fined in jail and in the penitentiary since the mon'th- of August 1860, I direqted his
discharge.
20
Doc. No. <5.
65. Simon, a slave, pardoned same day.
At a court held for Halifax county on the 30th day of September last, Simon a slave,
the property of Wm. M. Howerton, Esq'r, charged with breaking and entering the dwel¬
ling house of Polly Drummond in the night time, assaulting and beating her, and steal¬
ing therefrom divers sums of money in silver coin and bank notes, and various pieces
of calico and articles of clothing, was tried, found guilty and sentenced to be hung on
the 4th day of December 1863.
Very shortly after the conviction of the prisoner, my attention was called to this case
by Col. Elisha Barksdale, one of the delegates from the county of Halifax in the gene¬
ral assembly, and by letters from Mr. Howerton and his wife, and I have therefore given
to the record the most careful and patient examination. My conclusion is that there is
no evidence to show that the prisoner was at the house of Mrs. Drummond on the
night in question, or on any other occasion, and that there was no sufficient evidence
to show that the coin which he expended, was a part of the money lost by Mrs. Drum¬
mond. On the score of character the witnesses for the commonwealth and the prisoner
concur in stating that his character (for a slave) was uncommonly good.
Mr. Howerton states in his lettdr to Col. Barksdale, My opinion is that he is un¬
doubtedly innocent, and so strong is this opinion, that I would not hesitate to confide
in him, as far now as I ever did; and heretofore I have trusted him in and with every
thing of mine, such as money, (public funds at that, and you may well judge in large
sums) keys, provisions, other valuables, &c. &c. I can truly say with perfect sincerity,
that while his innocence is not a matter of absolute knoicledje -on my part, yet it ap¬
proximates it so nearly, that I would not hesitate to act upon it as if it were a matter
of absolute knowledge and of ocular demonstration. As to his previous character and
standing, wherever he was known, it was indeed remarkable. He was esteemed as he
really was, a good boy, and was conspicuous for his humility, polite bearing to whites,
and his honesty. His fidelity in fact distinguished him above all others in the neigh¬
borhood." ' •
Mrs. Howerton's statements as to the character of the prisoner are equally as positive
and decided as those of her husband. When examined in the case, she stated that
Simon had been the most faithful servant she had ever known. " I"know that my hus¬
band, Col. Howerton, has now the most implicit confidence in him. He frequently
trusted him with his pocket-book."
Under all the circumstances of the case, I felt it to be an imperative duty to accede
to the prayer of the petitioners, and I accordingly granted to Simon an unconditional
pardon.
66. Joseph Farro, free negro, pardoned November 2d, 1863.
At a court of hustings held for the city of Richmond on the 15th day of October
last, Joseph Farro, a free negro, charged with receiving, and having in his possession
stolen goo"ds, was arraigned, tried, convicted and sentenced to be sold into absolute
slavery. A careful examination of the testimony, as presented in the record, satisfied
my mind that it was not a case free from doubt. The record shows no sufficient iden¬
tification of the goods claimed by Mr. Hexter. It is stated, tc#e sure, that his private
mark was on the bundle of- hose, but what that private mark was is not stated. It is
not alleged that thero was a private mark on the checked domestic, while he disclaimed
ownership of the other three packages found in the prisoner's possession. Under these
circumstances, the proof of guilt was not satisfactory to my mind. In addition, the
Doc. No. 5.
21
proof of the uniform good character of the prisoner was complete, as furnished by
gentlemen of the highest respectability, residents of Charlottesville, where he was
raised, and where he resided until the past five or six years.
Since his residence in Richmond, several most respectable gentlemen testified to his
good character here. In addition, Mr. Jones, one of the justices who sat upon the
trial, states—"I was one of the magistrates who tried Farro, and while I voted to con¬
vict him, 1 did so doubtingly, and the fact that^uhsequeut reflection has convinced pie
that I was wrong, makes me peculiarly anxious'that he.should be pardoned."
A pardon was now asked for by such gentlqmeh as General Wm. H. Richardson,
Judge- Wm. H. Lyons, Thopias J. Randolph, Thomas P. August# General George W-
Randolph and other respectable citizens of Albemarle and Richmond.
On consideration therefore of the record and all the circumstances of the case, I was
satisfied that the ends of justice and sound policy would not be promoted by permit¬
ting the sentence to be executed, and I therefore granted the pardon asked for. .
67. William Patton, alias Wm. Whalen, pardoned November 3d, 1863.
At the fall term, 1853, of the circuit court held for the county of Kanawha, William
Patton, alias William Whalen, charged with murder, was indicted, tried convicted of
murder in the second degree, and sentenced to imprisonment in the penitentiary for
thirteen years. He had now been imprisoned nearly ten years, and since his confine¬
ment had been orderly, obedient and faithful. Mr. Alderson, senator from the Green¬
brier district, applied for his pardon, and filed a letter from Mr. Welsh, delegate from
the county of Kanawha, in which he stated—" I was a member of the county court
before which Patton was examined, and remember distinctly at the time that I was of
opinion that the evidence before his examining court was not sufficient to convict him,
being wholly circumstantial. Patlfbn proved an excellent character for veracity and
steady habits by persons of the highest standing in society who had known him from
his boyhood up to the time of his arrest." Mr. Alderson also knew him and bore tes¬
timony to his previous good character.
In consideration of these facts and of the additional fact that the convict intended to
enter the army, 1 greeted his discharge.
68. Joseph Mowbray, pardoned November 9th, 1863.
The prisoner was indicted in the circuit court held for^be corporation of Lynchburg
at the November term, 1862, in nine cases for dealing faro, ahd at the July term follow¬
ing, was tried, found guilty and sentenced to the payment of a fine of one hundred
dollars in each case and the costs of prosecution, and to two months imprisonment in
each case in the public jail. He had paid all the fines and costs. The statements of
eminent physicians who had examined him showed that he was in very feeble health
and that imprisonment would probably have sacrificed his life. The attorney for the
commonwealth and the judge concurred in this opinion, and with numerous respectable
citizens earnestly recommended him Jo executive clemency.
Under the circumstances I directed his discharge from confinement in all the cases.
69. Timothy Reardon, pardoned November 17, 1863.
The offence in this case was grand larceny, fUd yie prisoner was condemned by the
hustings court for the city of Richmond on the 20th October 1862 to three years im-.
22
Doc. No. £>.
prisonment in the penitentiary. Application for his pardon was submitted by the su¬
perintendent of the penitentiary, upon the ground that a formidable plot had been
formed among the convicts to effect their escape, in which conspiracy a large number
were implicated, and that through information given by Reardon and others, the super¬
intendent had been enabled to keep a watch upon the conspirators and effectually frus¬
trate their whole plan. Sixteen of the ringleaders were discovered and have been
condemned 6y the circuit court of Richmond to additional punishment.
In consideration of Reardon's commendable conduct and his good behaviour since
his imprisonment, and as an inducement to others in like circumstances to give similar
information, I pardoned him and ordered his release.
70. Dana Denizot, pardoned same day.
This pardon rests on the same grounds with the foregoing. Denizot was sentenced
to a like imprisonment in the penitentiary with Reardon for entering a house with
intent to commit a Ifirceny. He united with Reardon in giving information with regard
to the conspiracy above mentioned, and for this reason I deemed it proper to pardon
and discharge him.
71. Thomas Matthews, pardoned November 20, 1863.
Thomas Matthews, indicted in the circuit court of Lynchburg at its November term,
1862, for unlawful gaming, to wit, for exhibiting faro in said city within twelvemonths
next preceding, at the November term of said court, 1863, was tried, found guilty and
sentenced to pay a fine of $100 and to undergo an imprisonment of two months in the
jail of said city. The prisoner was a citizen of Lynchburg and had been engaged in
business as captain of a freight boat on the James River and Kanawha canal, and had
never at any time before engaged in dealing faro, nor had any interest in a bank, but
accidentally exhibited the game in the instance fott which he was found guilty on his
own confession, during the brief temporary absence of the dealer.
His pardon was asked by a number of the most respectable citizens of Lynchburg,
who urged that his personal attention was necessary to the subsistence of his family,
which was wholly dependent upon his labor.
In consideration of these circumstances and in view of the fact thkt since the offence
was committed, the law forbidding the exhibition of faro has been materially altered,
the prisoner having paid the fine aud costs, I directed his discharge.
72. Alexander Zolman, pardoned same day.
At the November term, 1862, of the circuit court of Lynchburg, Zolman was indicted
in, two cases for keeping and exhibiting faro in said city, and at the November term,
1863, he was tried and convicted upon his own confession and sentenced to the payment
in each case of a fine of $250 and the costs of prosecution, and to' imprisonment in
each case for two month in the city jail.
A large and respectable number of the citizens of Lynchburg joined the prisoner in
asking for his pardon, and the certificate of his plfysicians, filed with' the application,
stated that he was laboring under an incurable disease and that in their opinion con¬
finement in prison would greatly endanger his life.
For this reason, the prisoner hagdngtpaid the fines and costs in both cases, and in
view of the fact that the law in reference to gambling h>as undergone great change since
Doc. No. 5.
23
the time of the commission of the offences in the indictments alleged, I discharged
him.
73. J. W. Bradsbaw, pardoned same day.
The prisoner was indicted in two cases in the circuit court of Lynchburg at its No¬
vember term, 1862, for exhibiting faro, and at the November term, 1863, of said court,
he was found guilty upon his own confession and assessed in each case with a fine of
$185 and costs, and sentenced by the court in each case to two months' imprisonment
in the city jail.
The prisoner was represented as a man of family entirely dependent on^im for a
living, who must necessarily suffer if he were "retained in prison. In his petitioti, he
averred that since the finding of the indictment against him he had on no occasion
engaged in exhibiting faro and had no interest therein, but on the contrary declared it
to be his settled purpose never again to offend the law in this respect.
The petition of the prisoner for pardon was numerously signed by many of the most
respectable citizens of Lynchburg. The fines and costs had all been paid.
For these reasons and the additional fact that the law in respect to offences of this
character has been changed since the finding of the indictments in these cases, I granted
the pardon.
74. John Henly, pardoned December 9, 1863.
The prisoner was tried and convicted in the circuit court of Petersburg at its last
term for involuntary manslaughter in shooting one Patrick Gallahan, and sentenced to
pay a fine of one thousand dollars and the costs of prosecution and to be imprisoned
six months in the common jail of that city.
From the facts in the case, it was apparent that the verdict of the jury was the result
of a compromise. The only person who was personally cognizant of the shooting was
the wife of the prisoner, and there seemed no doubt that his testimony, if it could have
been receive^, would, with the facts before the jury, have established a shooting in self-
defence.
The jurors who tried the case, several justices of the peace, and other citizens £f Pe¬
tersburg, among them the Hon. Judge Joynes and Thomas Wallace, Esq., pressed for
his pardon on these grounds, and because his services ygere indispensable to the gas
works of Petersburg where he has long been engaged, as they could not be substituted
by those of any other.person in that city. The prisoner had paid the fine and costs of
prosecution.
In consideration of these facts and the additional fact that the prisoner was a man
of excellent character, I directed bis discharge.
75. Wm. J. Lusk, pardoned same.day.
Lusk was indicted and trrnd in the circuit court of Richmond city, at its April term,
1863, found guilty of participating in a riot, assessed with a fine of one hundred dol¬
lars and the costs of prosecution and sentenced to twelve months imprisonment in the
city jail.
The pardon of this man had been several times urged, on the ground that he was
accidentally in Richmond at the time of the riot, and if engaged in it, his conduct was
24
Doc. No. 5.
the result of momentary excitement. He is vouched for by those who knew him at
^home in De Soto, Mississippi, as a man of unblemished character. His officers (of the
17th regiment Mississippi volunteers, Barksdale's brigade,) united in declaring that
since he had been in service he had maintained an unimpeachable character as a sol¬
dier—that he was prompt in the discharge of his duties and had taken his part in every
battle in which his company had been engaged up to the period of his arrest. His ser¬
vices in his company were claimed as invaluable and his release earnestly asked for.
Believing that the dignity of the law had been sufficiently vindicated, I directed his
discharge—not releasing him, however, from the fine and costs of prosecution.
4*1
76., Darius E. Williams, pardoned December 10, 1803.
In the circuit court of Floyd county, at its 'April term, 1863, Darius E. Williams was
indicted, tried and found guilty of murder in the second degree, and sentenced to eight
years' imprisonment in the penitentiary.
The prisoner, a private in the 24th regiment Virginia volunteers, was detailed by his
commanding officers to go with Lieut. Helms of same regiment to the county of Floydi
to enrol conscripts and arrest deserters. On the 22d December 1802, near Floyd C. H.,
the wagon in which were the prisoner and four deserters, was approached by a man in
the dusk of the evening. He was repeatedly hailed and refused to answer, but turned
his horse towards the prisoner and struck him in the face with a switch; whereupon
the prisoner fired upon this unknown person and unfortunately killed him. The de¬
ceased proved to be a lunatic. The parties had never met before. The case was taken
to the court of appeals, and a new trial was refused by a divided court.
The united testimony of the officers of his regiment declared the prisoner to be a
man of exemplary character and fidelity to his duties, who had been in the service since
the war commenced in April 1801, and for his gallantry at Seven Pines and afterwards
around Richmond, had received promotion.
Upon the testimony set forth in the record and the representations made by his offi¬
cers—the court of appeals by a divided court having refused a writ of errojj—I directed
his discharge.
77."William McGuire, pardoned December 12, 1S63.
At a special term of the circuit court held for Roanoke county in November, 1863,
William McGuire, indicted for liorse-stealing, was tried, found guilty and sentenced to
one year's imprisonment in the penitentiary. The evidence shows that he was found
in the possession of the horse, but his previous good character, and his own allegation
that he had purchased the animal, induced me to doubt whether he had stolen her,
and whether he did not purchase the mare, although he was unable to produce the
party on the trial from whom he alleged he had made the purchase. A number of the
citizens of Roanoke, Hon. W. R. Staples of the confederate congress, Mr. Alderson of
the senate of Virginia, and several members of the house of delegates, all well ac¬
quainted with the prisoner, now asked his discharge. In consideration of these cir¬
cumstances, I granted the pardon.
78. William Maclin, a free negro, pardoned December 12, 1863.
The prisoner was tried before the hustings court of the city of Richmond on the
charge of burglary r * ..ceny, found guilty and sentenced to be sold into absolute
Doc. No, 5.
25
slavery. The evidence in this case, in my judgment, falls far short of establishing the
prisoner's guilt. His knowledge of the burglary may be inferred, but it is certainly
not proven. In this state of the case, his previous good character, so clearly estab¬
lished by Col. Richard 0. Haskins and Robert Still, should be a shield sufficient to
protect him against this judgment.
The pardon in this case was applied for by L. W. Tazewell, Esq., who I know is not
a person inclined to screen the guilty and would not ask a pardon where the judgment
was founded upon clear proof of guilt. He is one of the most efficient officers in the
state, and his course has shown that he has no sympathy with the violators of the laws
of the commonwealth. Under all the circumstances of the case, I directed the discharge
of the prisoner.
Reprieves.
1. Michael Buckton, reprieved February 5, 1863.
Upon application of the Rev. Mr. Teeling, I this day granted a reprieve to Michael
Buckton, who, under the sentence of the court of hustings for the city of Richmond,
was to have been hung the day following for murder—suspending the execution of the
sentence until the 27th of the month. Afterwards, on more mature consideration, the
sentence was commuted to imprisonment in the penitentiary. This last action of the
executive, along with a more full statement of the case, will be found under the caption
Commutations, in the subsequent part of this communication.
2. Sylvanus T: Brown, a free negro, reprieved November 5, 1863.
An application having been submitted for the pardon of Sylvanus T. Brown, a free
negro, sentenced on the 13th of October 1863, by the court of hustings for the city of
Richmond, to be sold into slavery for grand larceny, in order to afford time to examine
the papers filed in the case, I reprieved the prisoner until Thursday the 12th November.
Afterwards, upon examining the papers, I declined to grant the pardon.
3. John, a slave, reprieved November 26, 1863.
Having received a letter from George P. Scarburgh, Esq., informing me that John, a
slave, condemned by the county court of Halifax to be hung for burglary, wag confined
in jail with another prisoner afflicted with the small pox, and that the sheriff would
therefore not be able to execute the sentence without exposing himself and his assist¬
ants to the danger of contracting the disease, I ordered the reprieve of the prisoner
and suspended the execution of the sentence for thirty days.
Commutations of Capital Punishment.
1. Michael Buckton—sentence commuted February 21, 1863.
The prisoner was tried by the court of hustings for the city of Richmond in Decem¬
ber 1862, found guilty of murder, and on the 23d of that month sentenced to be execu¬
ted February 6th, 1863. The record made out a very clear case against the prisoner,
but affidavits subsequently procured caused so much doubt in my mind, that I deter¬
mined to postpone the execution for twenty days, and in the meantime to make a per¬
sonal examination of the ground where the offence was charged to have been commit¬
ted. In company with the mayor of the city I visited the place, when Mrs. Howell,
who owns the house, pointed out the position of the parties when the fatal stab was
given, and also the position of the little girl who testified in the case, and whose testi-
4
26
Doc. No. 5.
mony was strongly relied upon to justify the conviction. After the most careful exami¬
nation, I became entirely convinced that it was impossible for this child to have seen
'the scuffle. Besides, there was 30 much similarity between the language employed by
Mrs. Dulaney and the child, in their testimony, that I was unwillingly forced to the
conclusion that the child had been tampered with. In addition I learned by a letter
from Mr. H. L. Gallaher, (whom I have long known as a most reliable and excellent
gentleman and in whose statements I repose implicit confidence,) that Buckton was
previously a man of good character. I will not disturb the ashes of the dead, by re¬
producing here what Mr. Gallaher says of the deceased.
Under all the circumstances of the case, maturely and carefully considered, my mind
was brought to the conclusion that it was an imperative duty to commute the sentence
to ten years' imprisonment in the penitentiary, and this was accordingly done.
2. Jackson G. Ferguson—sentence commuted April 8, 1863.
At the November term, 1862, of the circuit court of Chesterfield, Ferguson was tried
on indictment for murder, was found guilty of murder in the first degree and sentenced
to be hung on the 19th day of December 1862. Upon a writ of error to the court of
appeals, the judgment of the court below was affirmed in February 1863, and the exe¬
cution of the sentence was now only awaiting the further action of the court.
A petition for the 'commutation of the sentence numerously signed by some of the
most respectable of the citizens of the county, and a letter of James H. Cox, Esq., pre¬
siding justice of the county court of Chesterfield, who was the only witness against
the prisoner, present circumstances which could not legally be adduced in evidence in
mitigation of the sentence. Ferguson is represented as having borne an excellent
character while a youth and afterwards conducted himself in an exemplary manner.
He was a man of a facile and pliable disposition, and would seem from the papers pre¬
sented, to have been the dupe of the deceased, under whose authority he had been
working for some time before the murder. The evidence was mainly circumstantial,
and Mr. Cox, the only witness, in view of all the facts and circumstances connected
with the case, says—" This is a case that strongly addresses itself to executive interpo¬
sition—not for pardon, but for imprisonment for life."
Believing with the petitioners that u all the ends of justice would be answered by
imprisonment," and for the reasons before set forth, I commuted the punishment for
eighteen years in the penitentiary.
In the discharge of this duty, I have exercised the pardoning powei more frequently
than I would otherwise have done, owing to the fact that the institution has been
crowded with convicts far beyond the number that can be safely, comfortably or profit¬
ably confined within its walls. It is hazardous and difficult to dispose of three hundred
prisoners in an institution designed only for two hundred and fifty. The number of
convicts for the present and past year has been unusually large, and within that time
many of them have been of notoriously bad character. Several attempts have been
made to form combinations with a view to effect their escape, but happily through in¬
formation derived from some of the better class of prisoners, the plots were discovered
and their plans frustrated. Owing to these facts, I have, after frequent consultations
with the superintendent, granted pardons to many of the more meritorious as rewards
for their good conduct, and to excite others to emulate their example.
Doc. No. 5.
27
Great difficulty has also been experienced since the war commenced in procuring
regular supplies of tnaterials, to keep the convicts employed. Indeed, on many' occa¬
sions during this period the want of materials has compelled some of the shops to be
closed, and the prisoners confined to their cells for days together.
It will doubtless be gratifying to the general assembly to know that quite a number
of those who have been pardoned have voluntarily entered the army, and with a soli¬
tary exception, (so far as I have learned,) have exhibited patriotism, courage and devo¬
tion to our cause. Several of them have fallen in battle: others have been more than
t 7
once wounded, and after their recovery have cheerfully returned to service; others,
again, who have escaped death and wounds, still exhibit the spirit and courage which
they manifested in the beginning. 1 required the officer of the company to whom each
was assigned, to conceal the fact that he was a convict, that he might by good conduct
recover his lost reputation, and relieve him from the disgrace which imprisonment had
attached to it. This they have done with rare exceptions by acts of gallantry and
courage on the field, and a faithful discharge of duty in the camp. , I recur to my action
in these cases with infinite satisfaction and pleasure.
Respectfully,
JOHN LE.TCHER,
DOC. No. VI.
COMMUNICATION
RELATIVE TO
NATURALIZATION LAWS
OF
STATE OF VIRGINIA.
DECEMBER 19, 1803.
Doc. No. G.
EXECUTIVE DEPARTMENT,
Richmond, Virginia, December 18th, 1868.
Gentlemen of the Senate and House of Delegates:
In my regular communication to you at the opening of this session, I pre¬
termitted two subjects of much interest and importance, not only at the present time,
but in the future.
The first is in regard to our state naturalization law. This law needs amendment, so
as to make it suitable to the present condition of affairs.
It is apparent to even a casual observer that our cities and towns are being filled
with a population, coming from states outside of the Confederacy; who are not liable
to military duty and who render no service in this pressing emergency. They are here
and have been here since the war commenced, many of them loafers, any many others
engaged in pursuits of different kinds, all living upon the substance of the country,
enjoying the protection of the governments, state and confederate, and 'rendering no
adequate service in return. Such men should be required to take the oath of allegi¬
ance to the state and fidelity to the Confederacy, if they are to remain amongst us.
Virginia has upon her statute book a naturalization law, and it should be so enlarged
as to embrace all such persons.
These men having lived here for two years will doubtless claim the exercise of the
right of suffrage, and with such numbers as we have in some of our cities and towns
will be able to control the voice of the native and adopted population.
Another evil in this connection that requires remedy, is the pal-oling of Yankee pris¬
oners #nd deserters and the administration to them of an oath of allegiance, by whom
administered, or where administered, is not known to me. The laws require that this
oath shall be administered in a court of record—that the person applying to be natu¬
ralized shall first declare his intention, and after he has rem.-iiued here five years, upon
satisfactory proof of these facts, and the additional facts that he has conducted him¬
self in an orderly manner and has shown his devotion to the government and the in¬
stitutions of the country, the oath may be administered to him. In the new mode of
manufacturing citizens, none of these forms and requisites are complied.with. This is
a violation of the rights of the state, and a scandalous abuse that ought to be corrected.
There are numerous reasons why this business should be stopped. The despot who
reigns at Washington, and who seeks the blood of the men, women and children of the
South, has issued hi.: proclamation for the emancipation of our slaves, and if he wish
to carry it out effectually, no better plan could have been devised. Turn these men
loose in the community where they can mingle with our negro population, and they
can advise them of the wishes of Lincoln and his adherents, and will be able to per¬
suade them*of the policy.be wishes adopted for their benefit. The result must neces¬
sarily be discontent and dissatisfaction amongst our slaves.
4
Doc. No. 6.
This policy is mischievous in its effects upon the people of the state. It renders
them dissatisfied with the action of the government, and whatever is calculated to pro¬
duce this result, renders them less active, less energetic, and less disposed to aid in
carrying out government purposes and objects. Such results ought at this time by all
means to be avoided.
Other reasons might be assigned, but these are sufficient.
A bill extending certain privileges to the confederate government in regard to the
fefe simple use of our iron, lead and coal mines, passed the house of delegates at the
last session, and I desire, as one of the last acts of my administration, to place on re¬
cord my opinion as to the impolicy of this sort of legislation. Much of our trouble at
this moment grows out of our cession of territory to the federal government for fort3,
arsenals, &c. I am utterly opposed to such entangling alliances in future, and I trust
that the general assembly will learn wisdom from the past, an 1 will therefore hold the
territory of the state, and especially her mineral resoun-es. ur.der her exclusive control.
It is the part of wisdom to guard agaipst such enbarrnssm..its, and sa to legislate as
to protect the state in every possible conting-yicy. In times like these we know not
what a day may bring forth, and we should avoid everything drit may be calculated to
embarrass us in future. If such legislation shall be consummated, I fear the day will
come when we shall repent it.
Respectfully,
JOHN LETCHER.
DOC. No. VII.
REPORT
OF THE
COMMISSIONERS OF THE SUING FUND
TO THE
GENERAL ASSEMBLY.
J-A.lSTXTuA.R'Sr 6, 1864.
Doc. No. 7.
3
STATE OF VIRGINIA,
Executive Department, Richmond, Dec. 30, 1863.
The jAn'ble the President of the Senate of Virginia :
Sir :
We have the honor to request that the enclosed report of the commissioners
of the sinking fund may be submitted to the senate.
Very respectfully,
GEORGE W. MUNFORD,
Sedy of the CornHh.
S. H. PARKER, •
Reg'r of the Land Office.
J. M. BENNETT,
Aud. Pub. Acc'ts.
Doc. No. 7.
REPOET.
OFFICE OF SECOND AUDITOR,
Richmond, Nov. 19, 1863.
To the General Assembly of Virginia:
The commissioners of the sinking fund are required by law to make a
report of their proceedings.to the general assembly, at each regular session. To com¬
ply with this requisition, the following statement of the condition of the fund is res¬
pectfully submitted:
It has been the object of the commissioners in their former reports to present a full
view of the workings of the fund, and to show its efficacy in extinguishing the public
debt. We design now simply to exhibit a true statement of that debt, the rate of in¬
terest it bears, the periods at which it is to be redeemed, and the provision made for
the payment of the interest and the redemption of the principal. We accompany
these statements with an exhibit of the redemptions and the investments that ought to
have been made under former laws, for the last two years, and which would have been
made, if the commissioners had not been precluded from doing so by an act passed by
the general assembly in 1862. In compliance with this act, we have ascertained the
amount chargeable upon the treasury, and it will be stated herein.
That each report may present a complete statement in itself of the debt of the state,
we will briefly recapitulate the information contained in our former reports, with the
additions subsequently occurring. And first, of the debt existing at the creation of
the fund :
On the 1st of January 1852, the date fixed by the constitution for ascertaining the
then existing debt, it amounted.to the sum of $11,971,838 30. On the first of October
1861, the time at which our last statement was made, there had been redeemed the sum
of $1,700,730 31 cents—leaving unredeemed $10,171,107 99. There has been redeemed
since that time, " for certificates of debt absolutely pajmble, without condition," the
sum of $70,855 90—
Leaving on the 1st of October 1863 still due, the sum of - 10,200,252 03
The new debt created since, is - - . - 24,945,546 35
Leaving the ascertained debt on the 1st of October 1863,
$35,145,798 33
6
Doc. No. 7.
To show when this new debt was created, with the amount of interest accruing
thereon, we exhibit the following statement:
New debt since lsZ January 1852.
For the year 1852, .... 2,979,086 00
* 1853 - 4,605,916 00
TsS - - - 4,112,184 37
1855, .... 1,504,403 09
1856, ... - 2,653,570 00
1857,
630,260 00
1858, - 1,866,800 00
1859, ... - 1,454,600 00
1860, .... 3,621,825 00
1861, ... - *1,146,170 00
1862, ... - 201,380 02
To 1st Oct'r 1863, •- - - - 169,350 00
$24,945,546
This amount is exclusive of the issue of treasury notes for the purposes of the exist¬
ing war, ample provision for the payment of which has been made. We state the
amount, that a full view of all the liabilities of the' state, funded and temporary
debt, may be had.
The amount of interesUbearing treasury notes outstanding, interest six
per cent, is - - - - 255,690 00
But, under an ordinance of the convention, fhese notes were ordered
to be brought in at the expiration of two years from the date of
issue, and therefore do not now bear interest.
Of notes not bearing interest:
jOf 100's, - - - 1,296,700 00
50's, - - - 959,650 00
10's, - - - 587,550 00
5's, - - - 7941,800 00
}% - - - 1,038,722 00
1,682,422 00
$4,938,112 00
»
Interest.
The interest, exclusive of the one per cent, on the present debt, is as follows:
Of the debt prior to the 1st of January 1852, the sum of $108,000 bears
an interest of five per cent., making on that sum - - 5,400 00
And the sum of $10,092,252 03 bears an interest of six per cent., making 605,535 12
The entire interest on the debt prior to January 1852, being - 610,935 12
# In our last report this amount was stated to be SI, 110,070. The discrepancy is owing to the fact
hat the statement then made was oDly to the 1st of October, while the statement above is to the 1st
.of January.
Doc. No. 7.
7
Brought forward,
Of the debt created since the 1st of January 1852, the sum of $1,865,000
bears an interest of five per cent., making
And the residue, $23,080,546 35, bears an interest of six per cent.,
being -
Making the entire interest on the present funded debt of the state, on
the 1st of January 1864, - $2,089,017 90
To pay the interest, and for the one per cent, over and above the interest, intended to
redeem the principal, there is set apart annually the following sums :
For the debt prior to 1st January 1852, - 838,028 68
For the debt created since, the following sums:
For the year 1852, - 208,536 09
1853, ... - 322,414 18
1854, .... 274,190 90
1855, .... 100,320 22
1856, ..... 185,749 90
1857, .... 44,118 20
1858, - - ... 130,676 00
1859, - . - - 101,822 00
1860, - - - - 253,527 75
1861, .... 80,231 90
J862, .... 14,096 60
1863, ... 11,854 50
So that the entire amount which ought to be set aside on the 1st of
January 1864, for interest and redemption, is $2,565,566 92
Debt, when Redeemable.
Pa our last report it was stated that of the debt prior to the 1st of January 1852,
there were two descriptions of certificates—the one redeemable at a specified day, and
the other at the pleasure of the general assembly. The amounts then stated as be"--
coming due in 1862 and 1863,^^ in the aggregate $70,855 96, have since that time
been redeemed—
So that there remains now unpaid and redeemable absolutely in 1886,
the sum of - - - 1,612,000 00'
Arid redeemable at a given day, but thereafter at the pleasure of the
general assembly, the following sums:
In 1857, .... 955,000 00'
1858, - - - 1,666,518 59
1859, - - - - 848,888 10
1860, .... 313)014 73
1861, .... 88,548 00
1862, .... 247,837 50
1863, - 14,937 50
Making to the present year, 4,134,744- 42
610,935 12
93,250 00
1,384,832 78
8
Doc. No. 7.
In 1865, _ _ _ _ 17,315 00
1866, ..... 1,435 00
1867, . _ _ _ 236,700 00
1868, ..... 674,284 61
1869, ..... 366,322 00
1870, .... - 132,410 00
1872, .... - 240,200 00
1873, - ... . - 589,650 00
1874, ..... 241,000 00
1875, ..... 865,833 00
1876, - - - - 1,088,358 00
$10,200,252 03
Of these sums, the general assembly has the power, at any time, to order the re¬
demption of the amount due for any one of the specified periods.
The commissioners of the sinking fund, in their action heretofore, had adopted the
rule to redeem these certificates according to the priority of their issue, and were pro-
ceeding upon this principle, when any further redemption during the existing war was
prohibited.
The state constitution requires the debt created since the 1st of January 1852 to be
redeemed in thirty-four years from the respective dates of its issue, so that the whole
$24,945,546 35 must be paid by the year 1897.
Amount for Redemption and Investment.
The act passed in 1862 provides, "that until peace be declared between the Confed¬
erate States and the United States, no further investments shall be made by the com¬
missioners of the sinking fund, nor shall any further redemptions of the debt of the
state be made by them, except such certificates of debt as are absolutely payable with-
out condition. The commissioners of the sinking fund shall semi-annually ascertain
the amount of money due for redemption, and the amount due for investment, and
shall enter the said amounts upon their journal."
To comply with this last requirement, the following Statement is made :
On the 1st of January 1862, the annual appropriation fixed by law for
the old debt was ----- 838,028 68
And the 7 per cent, on the debt created since 1852 amounts to - 1,701,567*14
Making 2,539,595 82
To ascertain the amount for redemption, we must first set aside an
amount sufiScient to pay the interest on the old debt, the balance being
the amount for the redemption of that debt; and so, after setting aside
the interest on the new debt, the balance is applicable to investment, to
raise a fund to liquidate that debt.
The interest on the old debt on the 1st of January 1852,
amounted to .... 615,186 37
Doc. No. 7.
9
Amount brought forward, 615,186 37
And the interest on the new debt at the same period
was, - - - 1,455,518 98
2,071,005 35
Which, deducted from the annual appropriations, leaves, $468,590 47
Leaving for the redemption of the old debt, - 222,842 31
And for investment on account of new debt, - 245,748 16
,590 47
On the first of January 1863, the annual appropriation for the old debt
was - 838,028 68
And the 7 per cent, on the new debt wag - 1,715,663 64
The interest on the old debt at that time was - 611,549 58
And interest on new debt, - - 1,467,901 78
$2,553,692 42
2,079,451 36
Leaving $474,241 06
For redemption of old debt, - 226,479 10
For investment on account of new debt, - - 247,761 96
$474,241 06
On the 1st day of January 1864, the annual appropriation for the old
debt will be - - - - 838,028 68
And the 7 per cent, on the new debt will be - - - 1,727,538 24
The interest on the old debt on that day will be - 6i0,935 12
And on the new debt, - - 1,478,082 78
2,565,566 92
2,089,017 90
Leaving $476,549 02
For redemption of old debt, - - 227,093 56
For investment on account of new debt, - - 249,455 46
$476,549 02
From the amount which ought to have been set apart for redemption of the debt, in
the years 1862 and 1863, as we have previously stated, the following sums have been
actually redeemed :
For 1862, .... 60,614 96
For 1863, .... 10,214 10
$70,856 06
Which leaves the amount now to be get apart:
In 1862, .... 162,227 35
In 1863, .... 216,238 00
378,465 35
10 Doc. No. 7.
Amount brought forward, 378,465 35
Which, with the amount set apart for 1864, - 227,093 56
Makes the amount which ought now to be set apart for re¬
demption of old debt, ... 605,558 91
And for investment of new debt:
For 1862, .... 245,748 16
For 1863, . - - - 247,761 96
For 1864, - - - - 249,455 46
742,965 58
Making for three years, for redemption and Investment, a total of $1,348,524 49
Increase of Debt.
In the preceding portion of this report, we have stated the existing debt
on the 1st of October 1863, to be - - - 35,145,798 38
In our last report we stated the debt existing on the 1st October 1861,
to be - - . - - - 34,809,824 32
Which showa an increase since thai period, after deducting the amount
redeemed in 1861 and 1862, - $335,9^4 06
Character of Debt.
The debt of the state consists of certificates of debt registered on the books of the
pecond auditor, and transferrable only by the holder in person or by power of attorney,
$nd of coupon bonds, transferable by delivery.
/
Begistered Debt.
The 6 per cent, registered debt, on the 1st October 1861, amounted to 21,130,324 32
iLoans obtained since, .... 155,980 02
Issued to the James river and Kanawha company in 1862, - 200,000 00
Guarantsed bonds of same company converted into registered state
bonds, ..... 50,850 00
Coupon bonds which were payable in New York, but which under the
law have been converted into registered bonds payable in Richmond, 597,500 Op
Coupon bonds payable in Richmond, authorized by law to be converted
into registered stock, and so converted, , - - - 1,000 00
22,135,654 34
Deduct amount redeemed 31st December 1861 and 31st December 1862, 70,855 96
Whole amount of 6 per cent, registered debt on the 1st October 1863, 22,064,798 38
Registered 5 per cent, bonds, ... - 108,000 00
Whole amount of 6 and 5 per cent, registered debt, - - 22,172,798 38
Coupon Bonds.
Six per cent:
Amount of coupon bonds payable in New York on the 1st
October 1861, - - - 11,497,500 00
Doc. No. T.
11
Amount brought forward, 11,497,500 00
Amount converted into registered debt since, ■ - 597,500 00
10,900,000 00
Amount supposed lost in steamer Arctic, - 145,000 00
Amount payable in Richmond 1st October 1863, - 63,600 00
Five per cent:
11,108,000 00
Amount of 5 per cent, sterling coupon bonds (£365,000), payable in
London, and valued at - - - 1,865,000 00
Total public debt 1st October 1863, $35,145,798 38
Where the Interest is payable.
Since the commencement of the present war it has become a matter of importance
to know where the interest on the state debt is payable, and what steps have been taken
to redeem the faith of the state by providing for the punctual payment of the interest.
And it is proper that the amount due should be stated, and the reason why a portion
of it has been in arrear should be assigned—particularly as the treasury has been at
all times ready to meet all the liabilities of the state,
The interest on th.e whole of the registered debt is payable at the state treasury in
the city of Richmond—that on the coupon debt is payable partly in New York and
partly in London. The amount so payable on the first of January 1864, is as follows :
In Richmond, ..... 1,327,667 90
In New York, ..... 602,700 00
In London, ..... 93,250 00
$2,089,017 90
Of the amount payable in Richmond for the preceding years, it is proper to remark
that the sum necessary for its payment has been promptly provided, and that it has
always been ready for those who are entitled to receive it. But a large portion has not
been collected, and we would suggest the propriety of providing by law some limit to
the time for collecting the interest due in Richmond, after it becomes due, allowing a
reasonable time for person^Jaboring under disabilities; otherwise a large amount of
money must be kept idle in the treasury to satisfy creditors who are unwilling to re-"
ceive it, or will not apply for it when due.
The amount payable in New York has not been paid, because it could not be paid
during a state of war with the government of the United States, without subjecting the
whole to the risk of confiscation, and without giving aid and comfort to the public
enemy. The convention of the state, by its ordinance passed on the 26th of June 1861,
prohibited the payment of this interest during the war.
On the amount payable in London, the commissioners have been exceedingly anxious-
to make punctual payment. The interest was paid regularly as long as it was practi¬
cable so to do. The semi-annual interest for July 1861 and January 1862 (being for"
the first year of the war) was promptly met. In the month of April 1862 the commis¬
sioners endeavored to make arrangements for remitting the interest due on the suc¬
ceeding 1st of July. In a conference with the British consul located here, an agreement
12
Doc. No. 7.
was attempted to be entered into, by which proper provision wt>uld have been made for
the future payment of interest as it became due, and the consul himself would have
been made the medium by which the subjects of his own governments would have re¬
ceived the amount of a debt justly due them. It was proposed that the commissioners
should purchase an amount of cotton or tobacco sufficient to pay the sum due, and
place it in the hands of the consul subject to our risk, and he was asked to remit cer¬
tificates showing the purchase and deposit of the cotton or tobacco in his hands, al¬
lowing him a suitable commission for his trouble; and with these certificates it was
well understood that a proper arrangement could have been made to provide for the
payment of the interest. This was declined, upon the ground that any arrangement
upon the subject with the agents of the state was considered by the British minister in
the city of Washington as a violation of the neutrality assumed by Great Britain be¬
tween the United States and the Confederate States governments—:thus in effect de¬
claring that the sovereign state of Virginia, whose independence had been recognized
by the government of Great Britain during the revolution of 1776, and which recogni¬
tion had never been withdrawn by that government; had not the power to make pro¬
vision for the payment of a just debt, acknowledged to be due to the subjects of
Great Britain herself, without first asking permission of the government of the
United States. The idea that a sovereign state cannot make provision for the pay¬
ment of a debt to a neutral power, through the agents of that power, without a
violation of neutrality by those agents, when that state is at war with another
power is simply preposterous. If the debt were due to the government of a neutral
power, it would have a right to demand its payment, and it has the same right, without
violation of neutrality, to attend to the interests of its subjects. But this is the doc¬
trine, and it has been acted upon by other consuls of the same government in other
states. And yet an outcry is made against the states by the people of Great Britain,
because the state of Virginia and other states have been in arrear in the payment of
interest, under circumstances like these.
But the commissioners were not satisfied with this unsuccessful effort. A proposi¬
tion was then made to the consul of the Austrian government to undertake the trans¬
mission of the interest by means of a similar arrangement. On the 30th of April 1862,
the commissioners adopted the following preamble, and resolutions :
In consideration of the impossibility of forwarding tk(? interest "that will be due in
Europe on the first of July next, by the purchase of exchange, and it being possible to
meet the payment by the purchase of tobacco, and authorizing an agent to be
employed therefor, to negotiate with Jtbe firm of Barings & Brother for the payment
of the interest, upon the faith of the tobacco so purchased:
Resolved, That the auditor of public accounts and the second auditor be authorized
to make such contract as they may deem expedient, with the consul of the Austrian
government, to become the agent of the state for purchasing the amount of tobacco
necessary for the purpose contemplated, allowing such commission and remuneration
for the service rendered as they deem right.
Resolved further, That the said auditors be authorized to make such arrangements
with the authorities of the confederate government as will protect the tobacco so pur¬
chased from destruction by the military, and facilitate the arrangement hereby contem¬
plated.
In a short time, however, it was ascertained that this proposition was declined upon
the same ground.
Doc. No. 7.
13
An effort was then made to purchase the necessary exchange, but it was found im¬
possible at that time to procure it. Under these circumstances, the interest has re¬
mained unpaid. The amount now due is for the half years ending the 1st of July 1862,
1st January 1863, 1st July 1863, and 1st January 1864—being for each of said periods
the sum of $41,444 44—making an aggregate on the 1st of January 1864, of $165,771 16.
We entertain a hope, notwithstanding all these disappointments, to be able in a short
time to make a satisfactory arrangement, by which the interest now iq^rear may be
provided for. Every effort consistent with the proper and legal management ^f the
duty entrusted to us, will be made to preserve the faith and credit of .the state.
All which is respectfully submitted.
J. M. BENNETT,
Aud. of Pub. Acts.
GEORGE W. MUNFORD,
Sec'g of the Cometh.
S. H. PARKER, Register.
DOC. No. IX.
COMMUNICATION
FROM THE
AUDITOR OF PUBLIC ACCOUNTS
RELATIVE TO
JANUARY J33, 1864.
Doc. No. 9.
3
AUDITOR'S OFFICE,
Richmond, Va., January 22, 1864.
Hon. Samuel Price,
President of the Senate:
Sir,
I transmit herewith a communication in answer to a resolution of the senate,
adopted on the L4th instant, which I will thank you to lay before that body.
I am. very respectfully,
Your obedient servant,
J M. BENNETT,-
And. of Pub. Acc'tg.
Doc. No. 9.
5
COMMUNICATION.
AUDITOR'S OFFICE,
Richmond, Va., January 18th, 1864.
The following resolution,.'adopted ym the 14th instant, by the senate, has been com¬
municated to this department for answer, to wit:
" Resolved, That the auditor of public accounts be requested to Inform this house
what amount of Virginia treasury notes are outstanding, and also what number of war*
rants on the treasury are outstanding for a period of thirty days, or longer,- from the
days of their date, distinguishing, if practicable, between those issued for interest on
state bonds and those paid to creditors on account of salaries or other claims."
The amount of interest bearing treasury notes, remaining unpaid is 255,-690 CO
But under an ordinance of the convention, these notes were ordered
0
to be brought in at the expiration of two years from the date of issue,
and therefore do not bear interest.
Of notes not bearing interest.
Of 100's • - - - - ' 1,296,700 Off
50's - 959,650 00
10's - - - * 587,550 00
5's - t * - 799,800 0"0
l's ' .... ^ 1,098,078 00
4,741,778 00'
, $4,997,468 00
On the morning of the 1st October 1863, of the warrants issued by the auditor of
public accounts, lrotn the 1st Octobef 186,2, to the 30th September 1863, inclusive, the
following bad not been presented at the^trcasury for payment: the date of subsequent
presentation at the treasury for payment is appended:
Vt. No. 2907 dated-28 March 1863—$25 00. Presented at treasury 19 Dec'r 1863.
" 5405 " 11 Sept'r " 1'08 80. « " . ■
5450 " 15 " " 131 04. " " f3 Oct'r' 1863.
u 5076 " 29 " •' 75 00. " "2 u "
u 5579 " 29 " " 2,678 05. " " 2 " "
5580 11 29 " 515 95. " * " 2 " "
5581 " 29 •• •• 68 50. '• 2 " •«
6 Doc. No. 9.
On the morning of the 1st January 1864, of the warrants issued by the auditor of
public accounts, fro'mihe 1st October to the 31st of December 1863, inclusive, the fol¬
lowing had not been prese-Sted for payment:
Warrant No. 402, dated 23<J October 1863, - - ^200 00
" 1-050, " 14th " " - - 100 00
I apprehend tiiat all the information on this subject which it is the desire of the
senate to obtain, canqot.be furnished from this department. The second auditor issues
all the" warrants in payment of interest and on the literary fund. Warrants issued by
that officer, and not presented for payment, cannot therefore be ascertained here. Again,
when a creditor has % claim^against the state which he presents to have audited and
paid, it rarely happens that he stops short of obtaining the treasurer's check upon the
bank. Those not so presented, at the treasury, within the specified time are given as
above. The chances are greater for withholding the treasurer's check from the bank,
than for a failure to obtain the treasurer's check. Neither failure, however, in my
opinion, exists t» any considerable extept. When a claim is audited, it is generally to
meet pressing demands, and is paid.
The evil doubtless sought to W.corrected arises from a failure to present claims for
being audited for payment. In my report transmitted to the present session of the
general assembly* it is shown that there remained outstanding on the first of October
last, for interest only, the sum of $2,318,745 24. These uncalled for balances are rap¬
idly augmenting. If it ^vould»not be transcending the limits allowed:Tor an answer to
a resolution, 1 would recommend that a new limitation be prescribed for presenting
cairns for payment,; and that some just rule be adopted for withdrawing by payment
and cancellation, or by funding, a poison or all of the treasury notes now outstanding.
Both paay be done without impairing the good and untarnished fapth of the state. But
as my opinion is not asked, I merely refer to it that attention may be directed to those
necessary points touching the welfare of the state.
I am, very respectfully. &c..
J. M. BENNETT,
Aud. of Pub. Acc'ts.
DOC. No. X.
COMMUNICATION
FROM THE
GOVERNOR OF VIRGINIA
CONCERNING THE
JANUARY S5, 1804.
Doc. No. 10.
3
EXECUTIVE DEPARTMENT OF VIRGINIA,
Richmond, January 25, 1864.
Gentlemen of the Senate and House of Delegates:
I am so deeply impressed with the vital importance of thoroughly organi¬
zing the reserved force of the state and of combining every element of our strength,
that we may successfully resist the formidable enemy who will, in a short time, be upon
us, that I cannot feel that I have fully done my duty without appealing to you for
prompt and immediate action in the premises.
My predecessor convened'lyou in extra session for the purpose of organizing our re¬
maining military resources. For two months you remained in elaborate consulta¬
tion without accomplishing the main purpose for which you had been assembled. Re¬
assembling on the 7th December, the beginning of your regular session, the considera¬
tion of the subject was again resumed, and yet after the lapse of nearly two months more,
nothing has been done. In the mean time other states have met for.a purpose similar
to our own, and in some two or three weeks have with rare promptness and great una¬
nimity passed the requisite act and adjourned. Is Virginia less patriotic than her sis¬
ter states i Is she ;so blind as not to see the imminency of the terrible danger which
threatens her annihilation? Are her representatives incapable of performing the grand
duty of wisely, bravely and devotedly enacting the requisite legislation for her safety?
I do not, will not believe it.
But delay is ruin—an early spring is certain. Efficient organization is not the work
of a day; the busy hum of gigantic preparation on the part of our implacable enemy
is heard through every source of information which reaches us. And yet, when every
thing that is dear to us is imperilled—where the life, fortune, liberty and independence
hang upon the fate of the next campaign, unimportant differences of opinion and cold
calculation of interest are allowed, as I most respectfully think,Ruinously to delay this
indispensable legislation.
Feeling, gentlemen, most deeply the necessity for prompt action on your part, I trust
I may be pardoned for recommending to your favorable consideration the accompanying
bill.
1st. It proposes that the reserved force of the state should be organized by the gov¬
ernor, qnd when completed, to be reported to the assembly for such change as it may
see fit to make.
2nd. That the governor shall not move said force beyond the limits of the state.
3rd. That no portion of such force shall be called out for a longer period than thirty
days.
4th. When practicable, said force shall be assigned to duty in the several counties'
from which it may be drawn.
4
Doc. No. 10.
5th. The particular duties to which this force may be assigned, are designated.
6th. That the county court and county officers shall aid in tbb enrolment.
7th. That the governor shall provide for the proper discipline and order of said force
8th. This bill being a war measure, it is proposed that it shall expire with the proc¬
lamation of peace, only suspending in the mean time the general militia law.
It will be observed that fhe bill clothes the governor with full powers. This is ne¬
cessary, because it seems impossible for the legislature tb agree in a bill, and because
no human legislation can provide for the varying circumstances of a state of war. But
the bill is so dr^vn that fife governor, were he so disposed, could do no evil. He can¬
not move this force out of the state. He cannot call it out for a longer period than
thirty days; he cannot order it to any than specified duties; he must employ it in the
several counties from which its component parts shall come, if practicable. And then
there is the reversing power of the assembly.
It will be observed that this bill asks for no appropriation?, nor for commissaries or
quartermasters. My plan is to make an arrangement with^he secretary of war to pay
off such portion of the reserved force as may be called out when its particular service
is ended, by marching it to the post-quartermaster of its county for that purpose, who
would be instructed accordingly. And my purpose would be, when necessary, to ap¬
point respectable old gentlemen quartermasters and commissaries for the particular
occasion, and for them to settle up any accounts they may have created with the post-
quartermaster be likewise paid off, thus closing up the transaction without perplexity
or delay and to the entire satisfaction doubtless of both the government and the people.
Such a bill, gentlemen, I respectfully submit, and that too with but little sacrifice of
our farming interests or of exposure to the dangers of battle or disease on the part of
our reserved force, could be easily executed, would promptly restore the numerous de¬
tails. &c., which have so heavily depleted our armies in the field, and would in a short
time enable us to defy the mightiest efforts of our enemies.
Respectfully,
WM. SMITH.
Doc. No. 10.
5
An act to provide for a state guard.
Whereas, the state of Virginia has suffered severely during the present war by the
hands of our uncivilized foe, in the desolation of the homes, the waste, consumption
and robbery of the property of many of our people; and, whereas, large districts of
our territory are in the hands of such enemy, while the people thereof, because of such
barbarian conduct, have been, in many instances, reduced to poverty and want, and
not unfrequently imprisoned in loathsome dungeons, for no other reason than their de¬
testation of the wretched tyranny by which they are outraged and oppressed. And,
whereas, the conduct of our foe clearly indicates that he ha-s no expectation of recon¬
struction nor desire of reunion with us, and looks only to our impoverishment and sub¬
jugation, thus imposing upon us the noble duty of organizing our whole strength, in
aid of our gallant brethren in the field, that by our"Combined exertions we may estab¬
lish our liberty and independence, or failing in which may find a patriot's grave. And,
whereas, the able bodied men of the state, designated as the militia thereof, are now
in the service of the Confederacy, or subject to her control, while we have a large num¬
ber of men and lads who are able to render most important service in repelling raids,-
arresting deserters and other military delinquents, relieving posts and assisting in tbd
defence of cities, towns, &c., are unorganized and subject to no military duty whatever.-
Now, therefore,
1. Be it enacted by the general assembly, That all white male inhabitants of the
state,t of sixteen years and upwards, who are not enrolled'in the army of the Confede¬
rate States, or who have been discharged therefrom, all refugees and persons sojourning
within the state, shall be immediately organized by the governor in such manner as to
him may seem best. It shall be the duty of the several county and corporation courts
to convene immediately after the passage of this act, and with the aid of the commis¬
sioners of the revenue, sheriffs and "Sergeants, and by way of assistance to the govern
nor, cause all the persons before mentioned to be enrolled. And it shall be the duty of
all persons subject to enrolment, to report themselves to said courts without delay,
stating their respective ages. Any person who may fail- or refuse to report himself,
shall be fined by the court not lets than fifty nor more than one hundred'dollars, to be
levied and collected as militia lines. In execution of the duty required of them by this
act, the courts are empowered to require the attendance of their clerks, the sheriffs,
sergeants and commissioners of the revenue of their several counties and1 corporations,
whose presence shall be entered of record. And should any one of the officials before
enumerated fail in their attendance in whole or irt part, without good and sufficient
cause, of which the court shall be the sole and exclusive judge, such delinquent shall
be fined one hundred dollars, to be collected as the other judgments of their courts,
and paid into the treasury of the state. The enrolment hereby required shall be pre¬
served in the clerk's office, and a copy thereof- shall be forwarded to the adjutant-
general of the state.
6
Doc. No. 10.
2. The special character of the service herein provided for, leaves but little room for
exemptions or substitutes, and therefore they are left to be provided for, in peculiar
cases, by the governor, by such regulations as he may deem expedient. But all profes¬
sors of religion, of whatever denomination or creed; all physicians ; all shoemakers,
tanners, blacksmiths, wagon makers, millers and their engineers, millwrights, operators
jn wool and cotton factories, paper mills ; and all teachers of colleges, academies,
schools and theological seminaries ; all artisans, mechanics and employees in the estab¬
lishments of such persons as may be engaged under contracts with the state or con¬
federate government; all managers, mechanics and miners employed in the manufacture
of salt, of lead and iron; those engaged in burning coke, miners in coal mines, and all
those engaged in attending upon cattle, mules, horses and sheep ; all who may be en¬
gaged for police purposes, and such as have been or may be exempted by the president
on the ground of justice, equity or necessity, and exempted under and by virtue of the
act of congress passed 11th October 1802; all men detailed for special duty, by order of
the secretary of war, his assent thereto being first had and obtained, and all who shall
have furnished substitutes in the state or confederate service, refugees and persons
sojourning within the' state, shall be embraced in the enrolment directed by this act.
3. The governor is authorized and required to organize the force provided by this
act, in all respects as to him may seem best. As soon as he shall complete the organi¬
zation herein directed, he shall report the same to the general assembly for their infor¬
mation, and for such action, if any, as to them may seem fit. This force shall be de¬
nominated the "State guard," and may be called out by the governor, in part or in
whole, whenever in his judgment it is necessary in defence of the state—in resisting
raids and sudden invasion—in preserving order and domestic tranquility—in relieving
the confederate government from the necessity of providing guards for the protection
and security of prisoners—for the various posts and other necessary organizations—to
arrest deserters, absentees and other military delinquents, finch portions of the " State
guard" as may be raised in their respective counties, cities and towns, shall be assigned
to duty therein, if not inconsistent with the public interests, when necessary. Xo por¬
tion of such "guard" shall under any circumstances, or at any time, be required to go
beyond the limits of the state; nor shall such '-guard," or any portion thereof, be
called into service for a longer period at any one time than thirty days.
4. Such enrolled men as -possess private arms may be required to use them in the
public service, and shall be compensated for any loss or damage they may sustain by
so doing. The remainder shall be armed by the state, and all shall be furnished with
the requisite ammunition. It shall be the duty of the governor to see that the anus
and other public property which may be issued from time to time to the "State guard,"
shall be promptly accounted for and delivered up when thereto required, under such
rules and regulations as he may prescribe.
5. The governor may establish such rules ami regulations for the promotion of dis¬
cipline and efficiency in this organization as lie may deem necessaiy. And if any per¬
son who is held to service under this act, shall tail or refuse to perform any of the mili¬
tary duties required by its provisions, he shall be imprisoned in the jail of the county
or corporation not less than ten r.or more than thirty days,at his own proper costs and
charges, and shall be fined not less than ten rror more than one hundred dollars: and if
he be not a native of any of the Confederate States, shall be required to leave the state
of Virginia forthwith. The commandant of each regiment shall detail a board con¬
sisting of one field officer and two commandants of companies, and the commandant of
Doc. No. 10.
7
the battalion, where there is no regiment, shall detail a board consisting of three com¬
mandants of companies, who shall take cognizance of and decide upon all such cases.
All fines imposed by these boards shall be promptly collected by the sheriff or sergeant
as militia fines, upon certificate of the presiding officer.
6. This act being a war measure, will cease and be of none effect from and after the
proclamation of peace. So much of the act passed March 7th, 1862, entitled an act to
authorize the governor to organize and call out certain military forces for the defenc^
of the state as provides for the organization of a second class militia, and the act passed
May 14th, 1862, entitled an act to organize a home guard," be and are hereby re¬
pealed; and all other acts and parts of acts in conflict therewith shall be and are
hereby snspended. All commissions under the acts above specified, shall be and are
null and void.
7. This act shall be in force from and after its passage.
DOC, No. XL
EEPORT'
OF
THE JOINT COMMITTEE
TO EXAMINE
THE TREASURER'S OFFICE.
TA.3STTT.A.R.Y S9, 1804.
Doc. No. 11.
3
REPORT.
The joint committee of the senate and house of delegates to examine the treasurer's
accounts, have performed that duty, and respectfully submit the following report:
The committee carefully examined into the system of accounts of receipts and dis¬
bursements, exhibiting the sources of revenue and application of the same in conformity
with the orders and warrants of the first and second auditors, respectively, and find
the biennial report of the treasurer sustained by tile accounts made up from the orders
and warrants of the auditors on file in the treasury office. And the committee take
pleasure in bearing testimony to the neatness and good order in which they found the
books and papers in the treasury department; also, to the polite and accommodating
disposition of the treasurer and his clerks and their prompt and unremitting attention
to the business of the office. The immense traffic in the stocks of the state makes
the#transfer department in the treasurer's office one of great labor and responsibility.
The duties are ably and faithfully performed by the clerk of the banking department.
In the banking department there is kept a register of each of the independent banks,
the amount and denomination of the countersigned notes issued and reissued, and of
cancelled notes returned and destroyed.
MANN SPITLER,
CKn S. Com.
MASON MATHEWS,
Ch'n H. Com.
DOC. No. XII.
REPORT
OF THE
JOINT LIBRARY COMMITTEE
ON
RESOLUTION TO THEM REFERRED.
FEBRUARY 1, 1864-
Doc. No. 12.
a
EEPOET.
The joint committee on the public library, to whom was referred a resolution of the
house of delegates, requestingjphe committee " to ascertain the number of volumes of
books purchased for the library, with their cost, and also the number of volumes so
purchased and now on hand; the number of law books published, the cost thereof, the
number now on hand, and the amount realized from the sales of law books, including
the statutes at large and the several revised Codes, with their costs ; and also the num¬
ber of books received by national and state exchanges, with the number now oh hand
of each, together with all other.books received into the library, and the number now
on hand of such books as were not purchased," have had the same under consideration,
and submit the following report thereon :
Your committee find it impracticable to give specific answers to the several enquiries
propounded. The purchases for the library have been annually made for about forty
years, and there has been no record kept showing a list of the books purchased, with
their cost. The amount of annual purchases has invariably been shown to the several
committees appointed to investigate the affairs of the library and the accounts of those
from whom the purchases were made have been presented, the items of the accounts
showing the book purchased and its cost. The aggregates appear on the cash books
and on the ledgers. The title of the book is then entered on the catalogue, which
shows all the books^but does .not distinguish between those purchased, donated or
received from exchange. When a book has been donated or received through ex¬
changes, the price is not given and there is no means of ascertaining it. The vouchers
from the foundation of the library to the time when the present secretary of the com¬
monwealth came into office, in 1853, are not and never have been in his possession.
But all vouchers of the present secretary are in his possession, and with much labor
the list of books purchased and their prices since his official term, might be ascertained j
but that would only present a partial answer to the enquiries. All his vouchers are
ready to be produced, and have been annually examined by the committee.
The annual reports made by the several committees on the library heretofore pub¬
lished, present a full statement of the books belonging to the library fund, showing the
number of books received, the number of each volume sold, distributed or exchanged,
the price at which it is sold and the amouDt realized from the sales, exhibiting also the
number remaining on hand and their value. This account is kept with great exact¬
ness and is verified by the cash books and ledgers. The financial affairs of the library
have been regularly examined, tested' with the vouchers and found in every particular
correct.
Under these eircutastances, the committee ask to be discharged from the further
consideration of the subject.
DOC. No. XIII.
REPORT
OF
THE JOINT COMMITTEE
ON
EXECUTIVE EXPENDITURES.
FEERUAR'Y 8, 1804.
Doc. No. 13.
3
REPORT.
The joint committee to examine executive expenditures for the fiscal years 1861-2
and 1862-3, have performed that duty, and find that there was disbursed from the
contingent fund from the 1st October 1861, to the 30th September 1862, inclusive, the
sum of - - - - 62,997 34
And from the 1st October 1862, to the 30th September 1863,^inclusive, 68,096 21
$131,093 55
From the military contingent fund from the 1st October
1861, to the 30th September 1862, inclusive, - 67,567 56
And from the 1st October 1862, to 30th September 1863, in¬
clusive, - 7,914 39
From the fund for civil prosecutions from the 1st October
1861, to the 30th September 1862, inclusive, - 6,673 26
And from the 1st October 1862, to 30th September 1863, in¬
clusive, - - - 2,641 00
$75,481 95
1,314 26
Vouchers authenticating the said payments, excepting for warrants Nos. 42, 68,6236,
6249 and 335 on the contingent fund, amounting in the aggregate to $471 75, and Nos.
6686, 6332 and 4959 on the military contingent fund, amounting in the aggregate to-
$247 50, have been exhibited to the committee, and certificates from the treasurer of
the payment to proper parties of those sums are appended; the vouchers for which, it
is presumed, have beenfiled with those of other funds.
WM. H. DAY,
Ch'n S. Com.
JNO. L. WOOLFOLK,
Ch'n H. Com.
DOC. No. XIV.
REPORT
OF THE
SENATE SELECT COMMITTEE
ON
DOMESTIC MANUFACTURES.
FEZBTrlTX-A.TFL1Z" 9, 186-4.
Doc. No. 14.
3
EEPGRT.
The special committee to whom it was referred to enquire and report what legisla¬
tion it might be in their judgement expedient for the general assembly to adopt, with a
view to develop and encourage domestic manufactures, and especially how far it might
be in the power of the legislature to promote that object by placing within the reach of
the. people the means of procuring such implements and machinery as might be needed,
beg leave to submit the following report:
In the discharge of the duty assigned them, they have first considered the subject of
increasing the production of domestic cloths. Among the means and appliances needed
'by the people for the manufacture of cloth in their homes, the committee find that looms
with the flying shuttle, adequate supplies of spun cotton yarns, hand-cards for cotton
and wool, and access to machines for carding wool rolls, are those in regard to which
the people are most helplessly destitute, and which it appears therefore most desirable,
that the state should do something to enlarge their facilities of obtaining.
The committee have under consideration, but are not yet prepared to report upon the
best mode of bringing into general use looms with the flying shuttle, and of placing suf¬
ficient supplies'of spun cotton yarns within the reach of the people. Up to this time
they have chiefly given their attention to devising some plan of supplying the demand
for hand-card3 and for machines for carding wool rolls.
They find that the only insurmountable difficulty in the production of both hand-
cards and carding machines in the Confederate States is the want of card clothing—by
which term is meant the leather or can.vas set with wire teeth, which forms the facing
of hand-cards, and which coveRs the cylinders of cardiDg machines. Every other part,
both of the hand-card and of the carding machine can already be produced in the
Confederate States. But so far as the committee can learn, there is only one machine
in the state for fhe manufacture of card clothing, and that is an old and an inferior
one, too worn to do its work well, and lacking many improvements to be found in
those of recent construction. They find also that there is not in this country the means
of readily manufacturing these machines. So that to supply the want of card clothing
they have been obliged to turn their eyes abroad. And then arose as a subject of en¬
quiry the question, whether this want should be supplied by importing the card cloth¬
ing itself, or by importing the machines for making it. They arrived at an answer to
this enquiry by remembering how desirable it is that we should hereafter be, to some
extent at least, independent of the world in a matter so deeply effecting our ability to
clothe our people and ouraimies. By considering, too, that after all, any importation
of card clothing, even if sufficient to meet the present demand, must soon be followed
by the necessity for fresh importations ; and by learning furthermore, that all the ma-
4
Doc. No. 14.
chinery necessary for its manufacture can be imported at a cost easily met and fully
within the bounds of prudent expenditure, and when "imported can be easily and suc¬
cessfully worked, with a very small number of hands, and with materials which we
already produce ourselves. The committee therefore concluded that however desirable
it may be (of which they will speak hereafter) to import some card clothing, we should
by no means neglect to acquire the means of making it ourselves, by importing also
the machinery necessary for its manufacture.
Card clothing is of three kinds, differing, however, from one another only in the form
and size of the sheets into which it is made: one kind being adapted to the making of
hand-cards, and the other two to the making of carding machines. The machines for
making these different kinds of card clothing are themselves of three different kinds,
and are known according to the kind of clothing they are suited to make—as hand-
card machines, which turn out sheets of a size suitable for hand-cards ; sheet machines,
which turn out broad sheets suitable for one of the cylinders of a carding machine; and
filleting machines, which turn out their product in long, narrow strips, suitable for the
other cylinder of a carding machine. It would therefore be necessary to import ma--
chines of each of these three kinds. ' "
And to supply the wire necessary to run the machines, it would be necessary to im¬
port wire blocks for drawing wire.
The committee have had under consideration and present to the senate the result of
their investigations on the following points, to wit:
1. The productive capacity of the machinery above described, and the quantity which
they deem it wise in the state to undertake to impoit.
2. The house-room necessary to accommodate it when imported; the power requisite
to drive it; and the skill and labor requisite to work it successfully.
3. The cost of importation :
1. The machines for making card clothing will set about 40,000 teeth, each having
two points, in an ordinary working day of 10J hours.
Hand-cttrds for wool have about 16,000 teeth to the square foot, and a pair of hand
cards requires £ square foot of card clothing, or 8,000 teeth. So that one machine will
turn out clothing sufficient for five pairs of hand cards^for wool in a day.
The quantity of clothing requisite for a pair of cotton cards contains about 14,000
teeth ; so that one machine will turn out nearly enough clothing in a daj for three
pairs of cotton cards. *
From similar data it may be made to appear that three sheet machines and three
filleting machines will, in eleven days, turn out card clothing enough for a complete
cardiug machine, comprising what is called a breaker card and a finisher, by means of
which the wool is carded twice—though the committee learn that many carding ma¬
chines in the country are provided with only one card, through which the wool is
passed once only; so that the clothing requisite for such a mtichine could be produced
in days.
MnkiDg, however, from these estimates a liberal deduction for delays, they present'
the following as a low estimate of the productive capacity of the machines. For in
fact, as the estimates here given are made on the basis of 10} hours to the day,
Doc. No. 14.
5
they are much below what might be realized by running the machine a longer time
than 10J hours each day. There will be produced enough card clothing from
1 machine for 4 pairs wool cards per day, or 100 pairs per month.
2 machines for 5 " cotton " " " 125 " "
3 fill^Ui™gC^<neS an<^ j"^or ^ complete carding machines per month.
The committee are of opinion from the great necessity for speedily supplying the
country with cards and carding machines, that at least eighteen machines should be
imported. From this number we should produce every month card clothing enough,
at the lowest estimate, for 200 pairs wool cards, 250 pairs cotton cards, and 4 complete
carding machines.
One set of wire-bl.ocks would keep the 18 card clothing machines supplied with wire ;
and the committee therefore recommend the importation of one set of wire-blocks.
2. To run 18 card clothing machines and a full set of wire-blocks, it would require
an engine of 20-horse power, or an equivalent of water power. There would also be
required for the accommodation of this amount of machinery, one room 30 feet by 60
feet. And for its management and operation, two persons skilled in the business—one
to run the machines and one to draw wire—with about six assistants who need not be
mechanics. And to make carding machines with the tools proposed to be imported,
would require about five wood workers and six or seven iron workers, with a room
about 30 feet by 60 feet, and an engine of 4 to 6-horse power, or an equivalent of water
power. \
3. The cost of card clothing machines in England is about £60, or $300 each. The
equivalent of which in confederate currency at the present rates of premium on gold
is about $6,000. ^
A full set of wire-blocks costs in England about £290. The equivalent of which in
currency is about $29,000.
To the cost, however, of the machinery in England would have to be added the
heavy freights that would have to be paid from Nassau or Bermuda to Wilmington or
some other Confederate States port. These the committee learn from Mr. Samuel J.
Harrison, the president of one of the importing companies, are about $50 per ton—
equivalent to $1,000 in currency.
On the other hand, the cost of purchase and importation as above stated in Confede¬
rate States currency, would be very greatly reduced—perhaps as much as to one-third
of the amounts stated—by purchasing and exporting eotton or turpentine and paying
for the machinery and the freight with the proceeds of the exportation.
Cotton can be bought for about $1 50 in currency, and will bring in England 65
cents per pound. Deducting 43 cents per pound for the cost of exportation, and there
would still be realized 22 cents for $1 50 in currency, which is less than 7 for 1, and is
about one-third of what is required here to be paid for gold.
The committee are in pursuit of more accurate and detailed information in regard
to freights, and will lay it, when acquired, before the senate.
Along with the machines for making card clothing, the committee deem it also wise
to import a stock of wire alread}' drawn, sufficient to run the machines for a few months.
6
Doc. No. 14.
So that they might not, after arriving here, stand idle until a supply of wire could be
prepared from the wire-blocks. They recommend for this purpose the importation of
about 5,000 pounds of wire. The cost of which in England would be about £500.
They find also that while we can now make in this country, as before stated, every
part of the carding machine except the card clothing, yet the demand for machinery,
especially by the Confederate States government, is very great; and the number of
lathes—instruments required in making most machinery, now in the country, is very in¬
adequate to its wants; and those in the country are chiefly in the use and under the
control of the Confederate States government. The importation therefore of a few
lathes suitable for the work would greatly facilitate the turning out of the.machinery
required for carding machines. These lathes would cost in England about £50 each.
About eight would doubtless be a sufficient number to import.
One other article, of but trifling cost, and all of which that would be for a long time
needed, might be packed in the space of one-fourth of a cubic foot, might perhaps
•with advantage be imported. This is a part of the carding machine known as the
comb; 2J feet of which are required for each carding machine. Its cost in England
would be about $1 per foot. 250 feet would suffice for 100 machines, and would cost
£50.
The committee regard it extremely important to adopt some plan of securing a supply
of card clothing for hand cards and for carding machines.
' The price of hand cards is now in this city from §50 to §00 per pair. The price of
them before the war was about 25 cents per pair—an increase of about 20,000 per cent.,
while the price of gold only shows an increase of'about 2,000 per cent. Card clothing
was worth before the jvar about §1 per sheet; it has sold in this city since the war
began at $170 per sheet—an increase of about 17,000 per cent. These prices deter
people from purchasing—many indeed are unable to do so. And there can be little
wonder, that under their heavy pressure the industry of our people has not been more
buoyant than it has.
And as to ca,rd clothing, it .can rarely be got even at the price indicated. The result
is not only that no new carding .machines are erected to meet the greatly increased and
still increasing demand for their work, but that even the few we now have in the coun¬
try ere fast becoming worthless for want of new clothing. The blockade is becoming
more and more stringent, and the present difficulty of procuring this essential article
in the manufacture of cloth is likely to be increased. While on the other hand, the
necessity of home manufactures, great as it now is, will be greater than ever, as the
supplies we now draw through the blockade diminish.
Card clothing on carding machines lasts from 5 to 15 years ; and a machine will turn
out about eight pounds of wool rolls per hour; so that every one we can get into ope¬
ration promises a long period of usefulness ; during which the committee conceive it
jyill in its benefits to the community many times repay the cost of its establishment.
For these reasons, coupled with the fact that even after the arrival of the machinery
necessary to be imported, a considerable time would elapse before it could possibly
meet the demands that would be made upon it, the committee deem it not unwise to
import some ready-made card clothing.
About CO feet, .the cost of which would be £12, would suffice for one carding ma¬
chine, and would occupy when packed for transportation not over five cubic feet.
Doc. No. 14.
7
A very large importation of machinery would be required to satisfy the present de¬
mand for card clothing. While, if the present demand were once satisfied, a much
smaller importation would suffice for future demand. The committee think this de¬
mand ought to be satisfied as speedily as possible ; and to that end, instead of an im¬
portation of such a quantity of machinery as may hereafter prove superfluous, recom¬
mend the importation of 5000 feet of card clothing.
In this way the most destitute localities in the state could be supplied immediately,
and the worn out machines now in the country put in good order, without waiting too
long for relief upon the operations of the machinery proposed to be impoited.
They present herewith an estimate of the cost in England of the importations recom¬
mended, in gold and in cotton, with the cost of the cotton in Confederate States currency.
The weights and the measure in cubic feet of the proposed importation are also shown,
from, which the cost of importation through the blockade may be ascertained, as soon
as the committee can procure from Wilmington the rates that are charged for freight:
18 card clothing machines,
1 full set of wire-blocks,
Six months' supply of wire,
8 lathes,
250 feet of comb, -
5000 feet of card clothing,
Total,
j Cost in England in gold.
Equivalent in C. S.
currency.
| Cost in England in cot-
j ton.—(Lbs.)
Cost o£ cotton in C. S.
currency.
Measure of machinery,
&c., in cubic feet.
Weight.—(Lbs.)
.5400
113400
8308
12462
486
16200
1450
30450
2230
3345
100
3500
5000
105000
7692
11538
-
5000
2000
42000
3076
4614
232
16000
250
5250
385
578
5000
105000
7692
11538
4980
$19100
$401100
29383
$44075
The committee have been greatly indebted to the kindness of Mr. C. Bradley, an ac¬
complished machinist of this city, who has manifested a patriotic interest in the inves¬
tigations of the committee, and has taken great pains to procure and to impart informa¬
tion upon such branches of the subject as were within the scope of his profession.
They are indebted also to Mr. Samuel J. Harrison of this city for information in re¬
gard to freights and for kindly writing to his agents in Wilmington for fuller and more'
detailed information, which the committee hope to be able through his aid to give to
the senate in a few days, ff desired. • And to Mr. Mann S. Valentine, jr., of this city,
who is connected with the Manchester cotton factory, and has given such information
as lay in his power.
Respectfully submitted.
J. H. GUY, OA'rr.-
DOC. No. XV.
REPORT
OF THE
'COMMITTEE OF PRIVILEGES AND ELECTIONS
RELATIVE TO
ELECTION OF SENATOR
IN THE
TWENTY-THIRD SENATORIAL DISTRICT.
FEBETJARY 11, 1864.
Doc. No. 15.
3
EEPOET.
The committee of privileges and elections, to which was referred the petition of James
M. Taliaferro, contesting the right of Edward T. Tayloe to a seat in the senate from the
23d senatorial district, have had the same under Consideration, and having heard the
parties and considered the evidence adduced, submit the following report:
It appears that the governor issued on the 5th December 1863, his proclamation or¬
dering an election to be held in said district on the 21st day of that month; that said
notice was published in one of the newspapers of Richmond on the 7th, and in another,
the semi-weekly Enquirer, the 9th; and in another, the Sentinel, the lGth of said month ;
that an election was held on tjie day appointed at two of the voting places in the
county of King George, at three encampments of soldiers, and for refugees at Bowling
Green, Caroline county, and at Henrico courthouse ; that at two of the precincts in
King George county no polls were opened, and that the other counties of the district
were at that day in the possession of the enemy; that of the vote cast on^the day of
election appointed by the governor, Edward T. Tayloe roceived a majority of twenty
votes over the next highest candidate and of thirty-six over the contestant.
It further appears that on the 9th January 1864, a vote was taken at the encampment
of Cooper's battery at Taylorsville, Hanover county, when fifty votes were polled, all
for the petitioner; that if these votes were counted, the contestant would have a ma¬
jority of fourteen votes over said Tayloe; that the captain of said company was in
Richmond, on duty, on the 21st day of December.
It is also alleged and not denied that there were several other regiments and compa¬
nies of soldiers from that district that were on the march, or otherwise employed on
duty on the said 21st December, and did not vote either on that day or any subsequent
day.
The petition and notice of the contestant and written argument of his counsel, to¬
gether with the response of the sitting member to said notice, are filed herewith as
part of this report.
The duty of appointing a day of election in this case/ devolved on the governor, who,
as before stated, appointed the 21st December 1863, and in the opinion of the commit¬
tee, there is no law which authorizes votes to be polled on any other day than that ap¬
pointed by him; and as a majority of the votes cast on that day were given to the
sitting member, and there being no allegation that any of the votes cast for him were
illegal, the committee is of opinion that Edward T. Tayloe has been duly elected and
is entitled to his seat as senator from said district. The committee, therefore, recom¬
mend the adoption of the following resolution :
4
Doc. No. 15.
Resolved, That at a special election held on the 21st day of December, in the 23d
senatorial district, to fill a vacancy existing in said district, Edvrard T. Tayloe was duly
elected, and is entitled to a seat in the senate, as senator from said district.
C. W. NEWLON, CWn.
Doc. No. 15.
PETITION OF J. M. TALIAFERRO.
RICHMOND; Va., February 3d, 1864.
To the Horible Senate of the Commonwealth of Virginia:
, The undersigned, jour petitioner, respectfully represents, that owing to the
short space of time intervening between the proclamation of the governor.and the»day
of election, held in the 23d senatorial djstrct, that it was utterly impracticable for all
of the legal voters in said district to be notified in time to vote on the day designated
for the holding of said election.
The undersigned respectfully represents to your body, that in a precinct of the county
of King George, the sheriff of said county did not open the polls, as prescribed by law,
thereby most unjustly depriving your petitioner of many votes in said county, and per¬
haps doing injustice to all parties concerned, and especially to your petitioner, as he
relied in a great measure upon Clifton precinct in said county. ■ Such partial ascer¬
tainment of the popular will and of the public sentiment has been of serious detriment
to your petitioner. There was nothing to prevent the fulj expression of the popular
voice in said precinct, except the fact that the authority pointed out by law did not
perform the preliminary functions for permitting a free expression of the popular will.
The undersigned does not complain of the vote in the counties of Prince William and
Stafford. The presence of the public enemy prevented to a great extent the progress of
the election in said counties. - 1
The undersigned further represents, that in the case of Capt. R. L. Cooper's company,
that it was impossible for him to have held an.election at an earlier day than that set
forth. The captain, whose duty it was to preside at the election, was necessarily and
unavoidably detained upon duty at a court-martial then sitting, and was constrained to
remain on said duty until after the day prescribed for holding said election by procla¬
mation. The poll-sheets will show, that including the votes given the undersigned by
Capt. Cooper's company, recorded immediately subsequent to his being relieved from
imperative military duty, and within the time prescribed by law for the election returns
to be sent up to the secretary of the commonwealth, the undersigned is duly and pro¬
perly elected from the 23d senatorial district.
The undersigned furthermore respectfully represents to your body that this vote
should not be thrown out of the returns. Your petitioner trusts that your body will
readily perceive the equity of retaining said votes upon the returns—to wit: the vote
cast at Taylorsville in his favor, and more especially so in the present confused condi¬
tion of our noble old commonwealth, when civil obligations must necessarily be in a
great measure subservient to pressing and inexorable military engagements, as in this
case, to promote the discipline and efficiency of our glorious and gallant army in the
field.
Under these peculiar circumstances, if this poll should be rejected, your petitioner
prays that your honorable body will at least order a new election. Owing to the re¬
moteness of many of the companies and friends of the undersigned from the seat of
government, and consequently at the time designated, (not having seen the governor's
6
Doc. No. 15.
proclamation for an election in the above named district,) it became impracticable for
them to cast their votes upon the very day set forth in said proclamation ; but no time
was lost in holding the election as soon thereafter as practicable.
Your petitioner would respectfully call your attention to the accompanying proclama¬
tion. Yt>u will at once perceive that the notice was too short to have been seen by many
of the voters interested in the question at issue.
4-11 of which is very respectfully submitted.
JAMES M. TALIAFERRO,
Petitioner.
Doc. No. 15.
T
RICHMOND, February 9th, 1864.
To E. T. Tayloe, Esq.,
Sir,
I hereby respectfully notify you that it is my intention to contest, and that
I am now contesting yaur right to a seat in the senate of Yirginia from the 23d dis¬
trict, in virtue of the recent election purporting to have been held under the proclama¬
tion of the governor; and for the following amongst other reasons:
1st. That on the day fixed for the election, the sheriff of King George county failed
to open polls at Clifton precinct in said county; in consequence of which no election
was held at said precinct, and where the majority would have been for me.
2d. That Captain R. L. Coopw, in command of Cooper's battery of light artillery,
then stationed at Taylorsville, in the county of Hanover,,failed to have polls opened
and an election held in conformity to law and the governor's proclamation, in his camp;
and no election having been held in his camp until the 9th day of January following;
and I shall insist upon this ground, unless the vote taken upon that day is counted
along with the other returns.
3d. That because in portions of the district it was not known that an election was
ordered, owing, as I suppose £o the short period intervening between the publication of
said proclamation and the day fixed for the election, in which portions of the district
I would have obtained majorities, had the election been held; and
4th. Because I have a majority of the votes polled, if the votes of Cooper's battery,
taken on the 9th of January 1864, are counted. For these and other ^reasons, I claim
the seat, and if my right is not admitted, will insist that a new election be held.
J. M. TALIAFERRO.
RICHMOND, Va., Ffbruary 10th, 1864.
To E. T. Taylob, Esq.,
Dear Sir :
In addition to the notice I have heretofore given you, I state further that
I contest the election of yourself to the senate of Yirginia upon the ground that the
act of the general assembly, passed March 26th, 1863, makes it the duty of the governor
of the state to request the president of the Confederate States to issue dn order to all
commandant^ of camps, posts and detachments in command of Yirginia troops, re¬
quiring them to give their aid in the due execution of the ordinance aforesaid and of
this act, which was not complied with, and therefore the election should, be set aside
upon that ground, as well as upon those already stated.
Respectfully, &c.
J. M.- TALIAFERRO.
8
Doc. No. 15.
" TALIAFERRO vs. TAYLOE.
Contested election in the 23d senatorial district of Virginia.
The contestant in this case make the following statement:
That elections were held at two out of the four precincts in Kftig George : That there
is no reason why the election should not have been held at all the precincts in King
George: That by reason of the presence of the public enemy it was not possible for
the election to be held at any of the precincts, or the court-houses in Stafford and
Prince William: That elections were held in the following military encampments, to
wit: 49th Virginia regiment, Fredericksburg or Marye's battery, in Pegram's brigade,
in Kurchelve's partisan rangers, and some refugee votes taken at the court-houses of
Henrico and Caroline. The result of these elections, fill taken on the day fixed by the
Governor's proclamation, was. that the contester got 59 votes, and the contestant 32
votes. The contestant further states that afterwards, on the 9th of January 1864,
Cooper's battery of light artillery held an election, not being able to hold any election
on the day appointed by the governor, as shown by the return or endorsement of Capt.
Cooper,) at which election the contestant got 50 votes, (all that were cast,) which made
the result for Tayloe 59, and for the contestant 13.
Your contestant does not contend that he is legally elected, although he does think
that equitably and justly he is entitled to the seat, if any one is ; but he does contend
that there was no valid or legal election held or had, and that a new election ought to
be ordered and held by the proper authorities, and for the following reasons :
1st. That no sufficient proclamation was made by the governor to the military voters
of the district. The 1th section of the act of March 26th, 1863, provides that the gov¬
ernor shall publish a proclamation, giving notice to the voters in the military service of
the Confederate States, and absent from their counties, of their right to vote. No such
proclamation was ever made, and none such is pretended. The section is mandatory
and imperative ; but none such was made. Again, the last clause of the said section
requires the governor to request the president to issue an order to all commandants,
&c., requiring them to give their aid in due execution of the election laws, &c. Now,
no such order was requested of the president, and no such order given.
2d'. The only proclamation issued by the governor was the usual one in time of
peace. This was clearly unsufficient for the purposes of enabling all persons in the
military service to vote—surely the most meritorious class of voters. But the notice
was not issued in time; only nine days elapsed from its publication to the time of elec¬
tion, clearly not time enough for any reasonable notice. Not reasonable* notice even
to the voters at home in their district, and, as is shown by the result, no notice what¬
ever to refugees or those in military service.
The contestant coptends that no legal election was held : That no sufficient procla¬
mation was ever issued by the governor, and no such notice given by him as is required
by the law, or any just sense of equity or law.
S. A. MILLER,
For contestant.
Doc. No. 15.
9
RESPONSE OP E.- T. TAYLOE.
The undersigned, elected to represent the 23d district in the senate of Virginia, and
occupying the seat in virtue of the certificate of the secretary of the commonwealth,
as required by law, has* received a notice from Colonel James M. Taliaferro, contesting
his claims to said seat. Waiving all objections which he might make legally to Colonel
Taliaferro's notice, and admitting the facts stated in the said notice, the sitting member
responds to the several objections made by the contestant:
1st. The contestant complains that' no pole was opened at the Clifton precinct, in
consequence of the sheriff's failure to discharge his duty; and that a majority would
have been given him at that precinct, had a poll been opened. The sitting member
denies that the law imposes this duty upon the sheriff, and that if it does, it makes
other provisions for opening polls in the absence of the commissioners appointed by the
county court to hold elections. Any three friends of the claimants might have opened
the poll and conducted the election, and as this was not done, it appears clearly that
the contestant had not three freeholding voters to cast their votes for him at that pre¬
cinct, and that his claim, even conceding it to be valid, is therefore worthless to him*
From the vote elsewhere in the county, it is on the other hand, a fair presumption that
the sitting member would have received the like proportional vote he received at two
precincts, and a like proportion of Hamstead precinct, where no poll was opened.
2d. The vote at Taylorsville, given twenty days, after the time appointed for the elec¬
tion, was given in violation of the election law, and in contravention of th#e just princi¬
ple established years ago, that the elections shall be held on the same day. If Mr.
Taliaferro has just claim to this vote, the sitting member has just claims to the votes of
other portions of the army, no matter when and where given, though the sitting mem¬
ber has good grounds to claim a considerable majority in the portion of the army which
failed to vote, because they were engaged at the time of election in active operations
against the enemy.
3d. T.he contestant objects to the notice of the governor, appointing a time for th,e
election, as insufficient. Without admitting this to be a just ground of complaint, the
sitting member assumes that the executive discharged his duty according to law, and
contends, that even if there was this failure of executive duty, the sitting member and
his constituents should not be put to trouble and inconvenience because of this trivial
omissj^nyf duty.
4th. The contestant claims the vote of Cooper's battery, given on the 9th of January.
This claim has been answered sufficiently above.
Respectfully submitted.
ED. T. TAYLOE.
DOTC. No. XYI.
REPORT
OF THE
JOINT COMMITTEE ON SALT
TO THE
GENEBAL ASSEMBLY.
EEBRTTABY 23, 1864.
Doc. No. 16.
3
EEPOET.
The joint committee on salt having partially reported to the general assembly, in
extra session, on the 28th October 1863, and asked leave to make a further and final
report at this,' the regular session, do now respectfully report:
That since their former partial report, the depositions then in course of being taken
have been completed, and the same carefully read and*considered by your committee.
Upon careful consideration of the report "of the board of supervisors of salt, and of
all the evidence before them, the committee are of opinion that unfortunate and even
indispensable as was the delay of more than two months in obtaining possession of the
41
ten furnaces for the state superintendent—a delay involving serious loss and depriva¬
tion of salt to the people, at a time of unexampled distress and suffering for the want
of it—nevertheless there is no legal liability resting on Stuart, Buchanan & Co., to
make good this loss to the state either in kind or by compensation in damages.
But the whole evidence conclusively showing that the lessors have repeatedly failed
to deliver brine to the state furnaces according,to the terms of their contract of lease,
whereby said furnaces could not be worked up to their full boiling capacity, and were
in fact often " blown out" entirely for the want of a supply of salt water. The com¬
mittee are clearly of opinion that there is a legal liability resting on Stuart, Buchanan
& Co., to make good to the state the loss resulting from this failure on their part to
comply with their contract.
The tenor of the evidence estimates the loss from this source at from fifteen thou¬
sand to twenty thousand bushels of salt.
The superintendant in his communication to the board of supervisors, of dat§ Sept.
4, 1863, (see Doc. No. 10, extra session, p. 16,) complains that the lessors delivered a
portion of the leased furnaces in very bad order—the kettles of said furnaces being
nearly filled with blocking, and the flues of some of the furnaces requiring extensive
repairs almost or quite equivalent to rebuilding them.
These allegations are fully sustained by the evidence, and the loss accruing there¬
from at one of the furnaces, estimated by one of the witnesses at fi^om four hundred
to five- hundred bushels of salt per dqy for ten or twelve day^" when the state first
took possession. (See deposition ©f Thomas R. Friend, questions 27, 28 and 29, pp.
17 to 21) There was loss frorp the same cause at other furnaces, but the amount of
loss does not clearly appear from the evidence. These failures on the part of the les¬
sors at various times to deliver brine to the state furnaces as contracted for, induce your
committee to recommend that provision be made by law for the immediate impressment
4 Doc. No. 16.
of the "Preston" well whenever during the residue of this lease there shall be a re¬
currence of such failure.
Your committee would be direlict of their duty, if they"failed in this final report to
bear their emphatic and unqualified testimony to the zeal, energy, intelligence and
skill in the whole complicated business, and no less the integrity and fidelity to his
trust, which have marked in a conspicuous manner the administration of John N.
. Clarkson, the state superintendent of salt.
Your committee only forbore, in their previous partial report, from this unqualified
testimonial, because the depositions were not then complete. But they are now fully
taken and closed, and the superintendent stands vindicated and unimpeached; and
whether in the light of the testimony, or of their own personal inspection of his ope¬
rations at Saltville, the committee can award no other judgment than they had here
given.
But when the general assembly calls to mind the distressful and almost alarming cony
dition of our people throughout the year 1862 and the first half of 1863—the absolute
suffering of man and beast for want of salt—the repeated failures to obtain it from
the owners of the salt works under county contracts and contracts by the governor—
failures in point of quantity, quality ancl time of delivery, as well as the inordinate
price commanded in the market by a most inferior article ; and now on the other hand
find that the people and the markets are so fully supplied with a sound merchantable
article, that despite^, depreciated currency and fabulous prices for all other articles of
human consumption, salt alone is quoted in the price lists as " dull," and " fiat,'' and
"cheap," they will find in this, the highest vindication of their legislative policy and
proof that they have been fortunate in the selection of their agents to carry out that
policy.
Guided by these considerations, your committee adopted the following resolution:
That the policy of manufacturing salt for the people be continued by the state, and
that the two chairrhen of the joint committee invite proposals from Stuart, Buchanan &
Co., for the lease of the four furnaces known as the "River works," and the six furna¬
ces known as the " Charles Scott" furnaces; also the dwelling house recently occupied
by Williams & Leonard, 200 acres of meadow land cobveoient to the furnaces proposed
to be leased, and the "Preston well," till Dec. 31, 1864, with privilege of renewal for
twelve mbnths.
The Feasons operating on your committee for proposing a change in the furnaces to
be leased, substituting the " Charles Scott" works for the six furnaces at the upper end
of the valley, were first and chiefly, that some of these latter are so worn out and di¬
lapidated as to require in effect to be rebuilt; whereas the Scott'works are nearly new—
and 2nd, the contiguity of these last with the " River works" would tend to consolidate
the state operations and greatly reduce the labor and trouble of operating them.
This proposal from the committee drew from Messrs. Stuart, Buchanan & Co. the
response hereto appended, marked A.
This response, declining the propositions of ytmr committee, submitted, as will be
seen, counter proposals saddled with conditions and limitations which wholly forbade
their acceptance and commanded their prompt and unanimous rejection by your com¬
mittee.
Doc. No. 16.
5
Not to specify other objections, the exaction by Stuart, Buchanan & Co. of a pledge
of exemption for all their propertjq of whatever kind, from all liability t& that impress¬
ment bjr the state to which the property of every other citizen is liable in the manufac¬
ture of salt by the state ought to be fatal to their proposals.
But again: they demand that the state shall furniih transportation adequate for the
daily delivery at the " Preston well" of six cords of wood to run the engine which
pumps the water. The committee forbear to comment on this demand as to the quan¬
tity of wood it assumes to be necessary to run the engine, or to dwell upon the fact
that the work of said engine and the water to be pumped by it is not pretended to be
wholly and exclusively the property of the state, but that a residuary interest therein
remains in Stuart, Buchanan & Co. They will content tl?emselves with viewing their
demand in conjunction with a like demand made by the lessors upon the confederate
government—viz : of a daily delivery of sixty cords of wood at their furnaces. Thus
these parties would exact a transportation over the railroad of sixty-six cords of wood
p^r diem. Now when the general assembly Beqfills the fact of complete priority accorded.
by itself to the confederate ■government for all their transportation of salt and supplies, it
must be apparent that these two deraahds of Stuart, Buchanan & Co., taken in con¬
nection with that priority, can result in* nothing less than a practical denial to this
state of all transportation, or at least of any adequate transportation, for its salt after
it shall have been manufactured.
But the furnaces offered by this proposal of Stuart, Buchanan & Co. would not in
the present dilapidated condition of some of them, and excluding one large double
furnace, the one leased to Tbos. It. Friend, which the committee peremptorily decline
to embrace in any new contract of lease, the remaining nine would not be capable of
producing an adequate amount of salt for the people. Their utmost capacity may be
set down at from five to six hundred thousand bushels. Now to procure the necessary
labor and supplies to carry on the manufacture of salt, that article itself, and not the
currency of the country, can be used with effect. This item added to the annual con¬
sumption by the people, would swell the amount needed by the state to about eight
hundred thousand (800,000) bushels, thus leavipg a deficit of from two to three hun¬
dred thousand bu^Jiels.
For these and other reasons apparent on th*e face of the paper, the committee re-
ected it.
It should be eiplained to the general" assembly, that the reason why the committee
wholly decline to negotiate for the further lease of the Thomas R. Friend furnace after
the expiration of the present state lease in June ne^t, is this : said Friend furnace was
one of the four which had been originally leased by Stuart, Buchanan & Co. upon cer¬
tain terms, in which four contracts of lease the state succeeded tp S. B. & Co., the
original lessors. These lessors represented to the general assembly that all four of
these leases were identical in their terms and produced one of them as a sample of the
othfers. It turns out that there is a most material difference. Three of them stipulate
for payment of an absolute daily rent of a specified number of bushels of salt to each
furnace ; after payment of which rent $tnj* surplus salt made on the furnace is to be ap¬
propriated—first, to paying off the expenses of operating the same, and when these are
all paid, then—second, the residue or net profits to be equally divided between the les¬
sors and the lessee. But the Thomas R. Friend contract is very different in this—viz :
that it stipulates for no absolute rent exclusive of all expenses of operating, but on the
6
Doc. No. 16.
contrary provides that the expenses of operating the furnace shall be payable out of
the rent-salt if sufficient surplus be not made to pay both. It is therefore obvious that
the state is liable at this moment and has been from the first, and will be to the close
of the term, to the payment of all the expenses of the Friend furnace in the contin¬
gency named.,
The committee, anxious to avoid the alternative of impressment, again invited pro¬
posals of lease from S. B. & Co., and Chas. Scott & Co, (of wtyich latter firm the former
are members.) But these negotiations, both written and oral, proved fruitless ; the
owners of tte property either declining to part with a sufficiency of it to supply the
state with an adequate amount of salt, 'or else, if undertaking to furnish that supply,
yet so fettering the contracfc*with terms and stipulations of transportation, as virtually
in the judgment of your committee to render the whole scheme nugatory. (A copy of
this last proposal is hereto appended, marked B.)
Your committee, sincerely anxious to avoid all conflict with the confederate govern¬
ment in the production and distribution o^salt, obtained assurances from the proper
authorities of that government, that it would be entirely agreeable to them to procure
their supplies of salt for the army directly from the sfate of Virginia.
Upon these assurances, your comipittee reached the following conclusions, and do
hereby recommend:
That the state shall immediately impress the six furnaces known as the "Charles
Scott & Co. works," and shall, prior to the 8th day of June next, impress nine of the
ten furnaces of Stuart, Buchanan & Co., now leased by the state, excluding the Thomas
R. Friend furnace; together with such dwelling houses, stables and appurtenances as
may be necessary for the proper working of said furnaces, and a fafr proportion of the
meadow and other lands adjacent thereto; also the " Freston well" and so much salt
water from the King and Finley wells as shall be ample to supply the said fifteen fur¬
naces. Likewise, that the superintendent have authority under the supervision of the
board of supervisors, to impress standing wood for operating said furnaces.
Your committeddeem it unnecessary to go into any argument to justify the common¬
wealth in asserting her right of eminent domain, in a time of war, in and to her only
available salt wells. A portion of your committee favored the conflemnation of this
enfire salt property to the public use—state and confederate. But the committee pre¬
fer to confino»themselves to so muchjonly as shall be ample to insure a f*ull supply of
this indispensable necessary of life to our own people and to the armies of the Con¬
federacy, and should any surplus be left over,*then to furnish that surplus to our sister
Confederate States.
The measure can scarcely be deemed harsh even by the proprietors themselves, when
the}' reflect that the constitution guarantees to them just compensation for the use of
dheir property for every day that it is dedicated to the public use; and when they fur¬
ther reflect that their ownership and possession of it for three years of unparalelled
war upon.their native or adopted state, (a possession hitherto allowed them by forbear¬
ance of*the commonwealth,) has poured into their coffers a prodigality of wealth tftiat
might well satisfy the utmost desires of any good citizen in such a time of general
.suffering and'wide-spread calamity.
All which is respectfully submitted. R. A. COGHlLti,
Ch'n S. Com.
JAS. Y. BROOKE,
Ch'n II. Com.
Doc. No. 16-
7
A
KTCfij\IO'ND, February 12th, 1864.
Gentlemen :
Your note without date was received night before last, and as soon aa
practicable I commenced a correspondence with my partners of the firm of Stuartf
Buchanan & Co., and Charles Scott & Co., in order to ascertain their views on your
propositions. I have heard only from Mr. Scott, and he informs me that he is unwilling
to lease the Scott furnaces. I doubt not that all interested will concur in his view, as
these furnaces were built by Charles Scott & Co., upon a contract with Stuart, Buch¬
anan & Co., the terms of which would make a tease almost*if not entirely impracticable.
Your proposition, therefore, so fqf as those furnaces are concerned, is respectfully de¬
clined.
Upon the other propositions of your note, I wbuld have preferred hearing from my
partners before replying, but a's I learn from you that time is important,"! will under¬
take to speak for them upon my knowledge of their well matured opinions.
We will rent to the' state the ten furnaces now held by her for a term of six, twelve*
or eighteen months from the end of the present lease : but we must ask that it shall be
determined by th6 legislature before the time fixed by law for the end of the present
session, whether the time shall be for six, twelve or eighteen months.
We will also rent for a corresponding term the Williams & Leonard house—provided
it has not been rented before this to other parties. It has been vacated since I left
home, and I do not know whether it has been again rented. I have telegraphed Mr,
Palmer that you wished to have it.
w
We respectfully decline to rent you the Preston well. We are interested in the water
raised from that well after supplying the state furnaces dependent upon it. We J^ave
therefore eVhry motive of duty and interest to insure that we will pump it with more*
energy and efficiency than any agent of the state. We have a number of contracts with
states and individuals roquiring*\is to eEeliver salt water from that and flther wells. We
are unwilling to transfer our obligations to the state, even if she were willing to asdume
them. The Preston well yields brine somewhat stronger than the other wells, afid it
happens- that about half of the state furnaces are supplied from the Preston well and
half from the King wells. It seems to be fair that this arrangement shall be continued.
As to the bottom land, we have really none to spare ; but as we are desirous to afford
every facility to the state, we will let you have some, though not'the quantity you ask.
I Will describe to you the portion referred to, when I meet the committee, asjl will do*
whenever desired, and you can then determine whether it will suit you.
As t($ the price to be paid for the lease, we are not prepared to name any; but w©
are willing that it shall be fixed by a board of arbitrators, to be constituted by agree¬
ment between u-s. The details of a contract can be readily fixed if you agree to the
general plan.
8
Doc. No. 16.
I deem it proper and but just to myself and to tbose whose rights and interests I
represent, to state here plainly and distinctly that, in view of the active and bitter
hostility manifested towards us by the superintendent of salt works, it is necessary in
any contract to be made with us, that we shall be assured of protection against injuries
which he has already manifested a purpose to do us, in the following particulars:
1. We must be assured against any interference with our property, real or personal,
by impressment or otherwise, during the continuance of the lease, and so long as we
fairly execute our contract with the state.
2. The fuel necessary for the pumping apparatus is essential to all parties, including
the state, and we must ask an assurance of transportation for such fuel to the extent of
eix cords per day.
3. We desire and must ask that the same privileges in respect to transportation be
granted us that were granted in the contract between us made last October: provided we
do not at any one time have in our employ more than one wood train and oae salt train,
which are all that we ever have had in our employ at once, as we are prepared to provq,
and (which we can also prove) were used to the public advantage.
4. Various questions have arisen between us and the state, growing out of past con¬
tracts, all of which we are desirous to settle on fair terms; and we ask that all of them
may be referred to the decision of fair arbitrators, to be chosen by agreement between
us, and that there shall be a provision in the proposed contract for the settlement by
fair arbitration of all questions hereafter to arise in its progress.
I am, gentlemen, very respectfully,
Your obedient servant,
W. A. STUART.
To Messrs. R. A. Coghill and J. V. Brooke,
Chairmen, <j'c_
Doc. No. 16.
9
B
RICHMOND, February 20, 1864.
Messrs. R. A. Coghill and others,
' . Salt Committee:
Gentlemen,
Having in a personal interview learned the general views of the com¬
mittee, we beg leave respectfully to submit for your consideration the following propo¬
sition :
1. We will lease to the state the ten furhaces held under, the .present lease, or if you
prefer it, we will retain the furnace held UDder the state by Thomas R Friend—the state
taking tbfe other nine. We will include in the lease the Williams house near the plas¬
ter bank and a.parcel of bottom land near the Scott furnaces, surrounded by roads and
containing between fifty and a hundred acres, in addition to the'property included in
the current lease. These ten furnaces are all that we own, or over which we have any
control.
2. The lease to continue six, twelve or eighteen months as the state may determine,
from the end of the present lease ; but the election to be made before the time fixed by
law for the termination of the present session of the legislature.
3. The rent may be fixe(d by impartial'arbitrators to be selected by agreement be¬
tween us and the state.
4. Stnart, Buchanan & Co., and Charles Scott & Co., to have the right together to
use upon the Virginia and Tennessee railroad two locomotive engines and trains not
belonging to the Virginia and Tennessee railroad company, to be used and managed on
terms satisfactory to the company, in the transportation of fuel, salt and other supplies
for its manufacture. So long as we use these trains, we will not ask of the Virginia
and Tennessee railroad company any transportation for fuel, salt or other supplies for
its manufacture for Stuart, Buchanan & Co., or Charles Scott & Co.
5. Various questions have arisen 'between us and the state, growing out of past con¬
tracts—all of which we are desirous to settle on fair terms—and we ask that all of
them may be referred to the decision of fair arbitrators to be chosen by agreement be¬
tween us, and that there shall be a provision in the proposed contract for the settle¬
ment, by fair arbitration, of all ques^ons hereafter to arise in its progress.
Respectfully,
Your obedient servants,
STUART, BUCHANAN & CO.
o
DOC. No. XVII.
REPORT
OF THE
COMMITTEE ON PUBLIC INSTITUTIONS
RELATIVE TO
IMPRESSMENT OE BUILDINGS.
FEBRUARY S4, 1804.
Doc. No. 17.
3
REPORT.
The committee on public institutions have, according to order, had under considera¬
tion the message of the governor, enclosing communications and papers from the«prin¬
cipal of the asylum of the deaf, dumb and the blind at Staunton, together with a me¬
morial of the trustees of the Virginia female institute, relating to the same subject, and
after conference with the committee of the house of delegates having charge of the
same subject, concur in the following report of said committee :
The essential facts of the case appear to your committee to be as follows: In July.
1861, the exigencies of the public service suddenly required at Staunton extensive hos¬
pital accommodations. Many buildings were spoken of as proper to be impressed for
the purpose, among others those used for a female institute, at that time but in partial
use by reason of its being a season of vacation. All were found inadequate except the
buildings for the deaf, dumb and blind. It was yet no less indispensable that those
interesting objects of state benevolence should be provided for than even our sick and
wounded. The confederate quartermaster, with the consent of Governor Letcher, de¬
cided to impress both the institute and the asylum, and to appropriate the latter to the
uses of a hospital, and the former for the uses of the deaf mutes and the blind. The
parties representing the female institute are shown to have consented to this arrange¬
ment, but only as an alternative of their buildings so used rather than being used for
a hospital. In this sense only, as it appears to your committee, was the consent of the
trustees of the female institute ever given. The confederate authorities proceeded to
impress both buildings and to carry the arrangement into effect by occupying the
asylum exclusively as a hospital and the institute for the purposes of the officers and
pupils of the asylum. These are acts of the confederate government, and though taken
with the assent of the governor, which could be but a matter of comity, the responsi¬
bility for them to all the parties concerned rests alone with that government. Your com¬
mittee will not, under existing, circumstances, recommend the raising of any question
as to either the right or the propriety of the confederate government impressing the
public property of the state, neither of which can they concede. It is enough that in
the case before us they were in urgent need of accommodations for our wounded sol¬
diers, and the people and their representatives applaud the .readiness with which the
governor, in so great an exigency, responded to their pressing wants. Your committee,
sincerely anxious to restore, if practicable, the buildings in question to their intended
uses, in conjunction with the committee on confederate relations of the house of dele¬
gates, conferred with the secretary of war whether it would consist with the pub¬
lic interest to yield up the buildings referred to, and make other arrangements for the
care of sick and wounded soldiers now provided for at Staunton. His answer is to the
effect tliat such a change would be attended with great inconvenience to the confede-
4
Doc. No. 17.
rate government and very great expense. His letter, and one from the surgeon general,
Bent to the committee therewith, accompany this report. Other suggestions and efforts
were made by the committees with a view of procuring proper accommodations else¬
where for the pupils of the asylum, so as to effect the restoration of the institute to its
original purposes in pursuance of the wishes of its trustees. These, in like manner,
were unsuccessful, mainly because of tl?e difficulty of obtaining proper buildings to,
meet the peculiar wants of the deaf mutes and the blind, and of the peculiar suffer¬
ing incident to this unfortunate class from a change of abode. They have thus
exhausted all the fneasures they deem proper now to resort to to procure the restora¬
tion of the buildings now held by the confederate authorities, as well as, that failing,
to obtain for the trustees .of the female institute the use of their institute, without ef¬
fect. They see no advantage to result from any legislation' on the subject at this time. •
Whether the general assembly be of opinion that the institute should be restored to its
owner, or should remain in the hands of the officers and pupils of the asylum, they are
e4ually met by the fact of its being now held by the confederate government, and if
that government was willing to relinquish- its holding thereof to the state, the state
must'simply put itself, by impressment of the property, where that government now
stands, or make arrangements elsewhere for the deaf and dumb pupils, which the com¬
mittee see no means of its now doing. On a view of the whole question and on confer¬
ence with the committee of the house of delegates, your committee recommend the
adoption of the following joint resolutions :
1. Resolved, That the general assembly expresses its desire that the buildings of the
deaf, dumb and the blind asylum, and the female institute, at Staunton, now held by im¬
pressment by the confederate authorities, shall be restored to the trustees of them re¬
spectively as soon as other arrangements can be made by the confederate government
for the care of their sick and wounded now accommodated therein.
2. Resolved, That a copy of these resolutions be transmitted to the secretary of war
and to the surgeon general of the Confederate States.
3. Resolved, That the committee be discharged from the further consideration of tht
.subject.
DOC. No. XVIII.
SUPPLEMENTAL REPORT
OF THE
SENATE SELECT COMMITTEE
ON
DOMESTIC MANUFACTURES,
FEBRUARY 34, 1864,
Doc. No. 18.
3
REPORT.
The special committee to whom was referred a resolution of the senate in regard to
domestic manufactures, beg leave by Way of supplement to their former report, to addr
that through Mr. Samuel J. Harrison of this city, they have received information in re¬
gard to the rates of freight charged between Wilmington and Nassau or Bermuda.
They lay before the senate herewith a letter to Mr. Harrison on the subject from his
agents in Wilmington.
It appears that the government pays 5d. sterling per pound for outward freight on
cotton—equivalent to about ten cents ; and that private shippers pay lOd. to Is. sterl¬
ing per pound, and in some cases have paid two bales, and in others three bales, for
the freight of one. It appears also that the government pays £30 per ton for inward
freights ; and that private shippers pay from £40 to £60 per ton.
The tonnage of the machinery and other articles recommended in their former report
to be imported, is as follows:
8 lathes, weight 16,000 pounds—8 tons.
Wire, " 5,000 " 2$ "
18 machines, measure 486 feet—12 "
Wire-blocks, • " 100 '■ 2£ "
Card clothing, " 420 " 10J "
Total, 35£ 11
The freight on this amount of tonnage at £30 per ton, would be £1,065, or $5,325.
Or at £60 per ton, the highest rates paid by private shippers—£2,13d', or $10,650. So
that'the entire cost of the importations recommended, embracing the'cost of purchases-
in England and the freights through the blockade, would not exceed $30,000, and per¬
haps would fall as low as $25,000.
Now if we can get cotton exported at 5d. sterling per pound, 60,000' pounds, which*
would cost in currency $90,000, would more than pay the whole bill.
But if we have to pay Is. per pound, for the exportation of cotton, 80,000 pounds,-
which would cost in currency $120,000, would still more than pay the whole bill.
And if we have to pay two bales for the freight of one, still 140,000 pounds of cot--
ton, which would cost in currency $210,000, would pay the bill.
And even if we have to pay three bales for the freight of one, 180,000 pounds of
cotton, which would cost in currency $270,000, would pay the bill.
Respectfully submitted,
JOHN H. GUY, Ch'n
4
Doc. No. 18.
WILMINGTON, N. C., February 8, 1864.
S. J. Harrison, Esq.,
Richmond:
Dear Sir,
We have to day your favor of 6th, and take plaasure in replying to the
interrogatories for the information of your legislature.
Outward freights on cotton.
The rate paid by government to private ships, is 5d. sterling per pound. Very little
is taken for private parties, and lOd. to Is. would be readily paid now. In some cases
shipments have been made and the steamers have received two-thirds for freight. Some
shippers would now give three-fourths—or three bales for freight of one.
Freights per ton from Nassau or Bermuda.
The rate usually charged the government is £30 per ton. Private shippers pay from
£40 to £60, according to circumstances and to the character of the goods shipped.
Measurement goods are estimated at 40 feet (cubic) to the ton. Heavy goods, such as"
lead, iron, &c., pay by weight, and in all cases where there is no express stipulation, the
ton is estimated by measure or by weight as may be most profitable to the ship. ■
Very truly yours,
DE ROSSET & BROWN.
DOC. No. XIX.
COMMUNICATION
PROM THE
BOARD OF PUBLIC WORKS
IN REGARD TO
PRODUCTION AND DISTRIBUTION OF SALT.
MARCH 1, 1864.
Doc. No. 19.
3
OFFICE OF THE BOARD OF PUBLIC WORKS,
March 1, 1864.
To the president of the senate:
'Sir,
I am directed by the board of public works to enclose the answer of the board
to the resolutions adopted by the senate on the 26th of February last, which please lay
before the senate.
I am, very respectfully,
Your obedient servant,
THOMAS H. DeWITT,
Secretary Bd. Bub. Works.
Doc. Ko. 19.
5
COMMUNICATION.
OFFICE OF THE BOARD OF PUBLIC WORKS,-
Richmond, Va., February 29, 1864.
To the president of the senate of Virginia:
Sir,
In behalf of the board of public works I submit the following response to ther
resolution of the senate, adopted on the 26th February 1864, asking for certain infor¬
mation touching the manufacture and distribution of salt for the state of Yirginia. It
is proper to remark that the resolution calls for an answer " forthwith." To present
an answer "forthwith" to the inquires made by the resolution was plainly impossible,-
because the compilation of the figures and' estimates indispensably necessary to the
preparation of an intelligible and useful answer to the enquiries, of necessity required'
considerable time and care. No time has been lost in their preparation, and this
answer is given as early as it was possible to have it prepared. Subjoined is a state¬
ment exhibiting the quantity of salt manufactured at the furnaces leased by the state"
from Stuart, Buchanan & Co., from the time the state took possession of the furnaces
up to the 27th January 1864. We have not the reports before us to enable us to bring
that estimate down to the first day of February 1864. That statement also exhibits-
the quantity of salt actually received in each month from each of the lessees of the
state. Large arrearages of rent salt are still due from some of the tenants. These
arrearages of rent salt yet due the state amounted,- on the 7th January. 1864, to 67,444
bushels and 23j pounds, as appears by the report of the superintendent for the month
of January 1564. It is not practicable to give^a precise answer to the enquiry as to
how much salt has been manufactured in eaj|^ month at the two furnaces worked by
the state. The salt delivered and removed was measured; that remaining on hand
was not measured, and as the transportation was insufficient to remove the salt as fast
as it was made, the amount measured and sent away furnished no accurate test of the
quantity made, as a large surplus remained constantly on hand to be measured or
weighed when transportation could be obtained for it. The superintendent has
delivered and distributed out of the salt made on the furnaces worked by the state,
142,909 bushels, and there is a large quantity of salt made on those furnaces still on
"hand awaiting transportation ami distribution. The statement accompanying this re¬
port shows the quantity of salt distributed and the amount to each county or corpora¬
tion.
In answer to the enquiry as to the ascertainment from time to time of the actual cost
of the production, and distribution of the salt, and the mode iii which the board of '"
public works arrived at the cost, I have to say that it was plainly the policy of the
legislature to furnish salt for the eou-'-uniptioii of the people with as Utile delay as pos¬
sible. In order to ascertain vuu pn'run the actual cost of the production of the salt,
6
Doc. No. 10.
it would have been necessary to defer the distribution of any salt until the year's opera¬
tions had been completed, and the accounts closed and balanced. This delay would
have been intolerable, and impracticable for want of storage room, and would have de¬
feated the humane and beneficent intentions of the legislature. In this view of the ob¬
ject and*purpose of the legislature, the board of public works, so soon as the manu¬
facture of salt on state account commenced, and in order that no delay should occur
in the distribution of the salt to the counties and' corporations, proceeded, in conjunc¬
tion with the superintendent, to make an estimate of the probable cost of making the
salt. This estimate was based on the cost of the lease, the cost of fuel, the hire of the
hands, clothing and feeding them, &c., the outlay for wagons and teams, and other
necessary implements and fixtures, the cost of keeping the teams,&c., the cost of super¬
vision, &c., &c. The effort was made to include all the items of expense, including the
wear and tear of the sacks. Some of these items of expenditure were necessarily
varying from time to time, making it impossible to project an accurate estimate into
the future. The changes in the cost of fuel, provisions, forage, clothing, and some
other items could not, in the nature of things, be foreseen. It was determined, there¬
fore, by this board, (in accordance with the law,) that the distribution of salt to the
counties and corporations should be made in two instalments. The price per bushel
of the first instalment was fixed at two dollars, with a conviction on the part of the
board of public works that two dollars per bushel materially exceeded the actual cost
of its production; it being the purpose of the board of public works when the second
instalment of the year's supply should be ready for distribution, to revise the estimate
of its cost. It is plain that by that time an estimate of the cost of the salt could be
made with an approximation to accuracy, and if the price fixed on the first instalment
were found to have been in excess of the actual cost of making the salt, the proper
compensation for sucti excess could be made in the shape of a reduction of the price
to be fixed on the second instalment. By this plan of fixing the price, it seemed to the
board of public works that the actual cost of the salt could be more accurately deter¬
mined, and uniformity observed in the price to be paid for it by all the counties and
corporations.
In estimating the actual cost of the salt, this board estimated the cost as delivered at
Saltville. The agents of the counties and corporations pay the charges for its trans¬
portation, and this board has nothing t® do with that item of expenditure.
In estimating the cost of the salt no allowance was made for any receipts from the
state tenants out of the net profits of their business after the payment of the rent salt
due under their contracts and defraying their expenses. This was too vague and un¬
certain an item to be taken into the calculation. In point of fact, the state has thus
far received nothing from that source.
In connection with the subject of estimating the cost of the salt, it is considered
proper to state that the superintendent has x-ecently carefully revised his estimates, and
expresseshis confident belief that he can sell the second instalment of salt at $1 75
per bushel, and that if he can obtain a full supply of brine from the Preston well, and
have at his command adequate l-ailroad transportation for fuel and other supplies, he
can continue to make and deliver salt at Saltville at a price certainly not exceeding
$1 75 per bushel.
All of which is most respectfully submitted.
ALEX. E. HOLLADAY,
President Bd. Pub. Works.
Doc. No. 19.
7
Staicjneni of the amount of salt distributed to each county and corporation.
c
<0 O
°
o
SUrfLIED.
Am't paid
by county.
Date—1863-4.
COUNTY, CITY, &c.
3 00
3 -
Bush¬
o
(U
^ 3
02
els.
3
July
Dec'r
25.
Albemarle,
26625
10650
6560'
_
13120 56
15,
Alleghany,
6765
2706
1353
Aug.
Nov'r
U,
Amelia,
10753
4300
4302
15
8604 00
7,
Amherst,
14316
5726 '
5692
20
11452 00
Aug.
11,
Appomattox,
8889
3555
3554
-
7108 03
Sept'r
3,
Augusta,
23844
9537
9541
35
19074 00
Aug.,
19,
Bath,
3676
1470
1488
45
•2977 80
Aug.
5,
Bedford,
25068
10027
10029
10
19537 87
July
25,
Botetourt,
11516
4606
2212
25
4425 00
Jau'y
7,
Bland,
_
-
1414
10
1500 00
Aug.
20,
Brunswick,
14811
5924
5928
05
15880 00
Jau'y
7,
Buchanan,
2793
1117
970
20
1500 00
Oct'r
30,
Buckingham,
15212
6084
6084
15
12168 00
Campbell,
19286
7714
4677
40
9355 80
Sept'r
9,
Caioline,
18465
7386
7386
25
14772 00
July
Dec'r
14,
Carroll,
8012
3204
3204
43
6408 00
5,
Charles City,
5609
2243
1122
-
4486 00
Sept'r
1,
Charlotte,
14469
5787
5787
45
11574 00
Oct'r
1,
Chesterfield,
19015
7606
7600
-
15212 00
U
5,
Clarke,
' 7146
2858
2859
-
5216 00
Central lunatic asylum,
_
_
102
_
• 200 00
Aug.
25,
"Cram,
3553
1421
1421
20
2842 00
Dec'r
8,
Culjfeper,
12064
4825
2412
Sept'r
24,
Cumberland,
9961
3984
3985
-
10692 00
Oct'r
27,
Dinwiddie,
Elizabeth City.
11920
4768
4765
38
8519 02
Aug.
6,
Essex, -
10469
4187
4187
40
8374 00
Fairfax.
Aug.
11,
Bfeuquier,
21704
8681
8683
26
22817 00
July
28,
Floyd, - - -
8236
3294
3295
14
6594 00
Aug.
7,
Fluvanna,
Franklin,
10353
4141
2905
-
5810 00
U
.13,
20098
8039
5585
39
11171 56
Nov'r
28,
Frederick,
12153
4861
4002
-
8000 00
U
24,,
Giles,
6883
2753
1250
45
Gloucester,
_
-
2197
10
4404 00
Goochland,
10656
4262
2130
45
Aug.
27,
Grayson,
8252
3300
3218
20
6600 00
Sep't
21,
Greenbrier,
12210
4884
2470
35
4500 00
Nov'r
li»,
Greene,
5025
2010
1004
35
4020 00
u
4,
Greensville,
6374
2549
2550
-
5098 00
Oct'i
28,
Halifax,
Hanover,
26521
17225
10608
6890
10545
i 3436
20
22000 00
Dec'r
Hardy,
-
-
1242
-
5938 00
Nov'r
24,'
Henrico,
23643
9457
4718
35
Oct'r
31,
Henry, r
12105
4842
4844
05
8898 00
Aug.
19,
Highland,
4319
1727
1727
35
Nov'r
James City,
4176
1670
609
45
1064 00
8
Doc. No. 19.
p
tf o
o
SUPPLIED.
Am't paid
Date—1863-4.
COUNTY, CITY, &c.
P hH
HI
Bush¬
»
by county.
£
els.
J
Isle of Wight,
-
-
3990
05
7980 00
Jefferson.
5260 00
Dec'r
8,
King George,
-
-
1314
-
Nov'r
20,
King & Queen,
-
-
2067
-
8400 00
Sept'r
16,
King William,
8529
3411
3412
40
9718 45
Lancaster,
5154
2061
—
—
4122 00
Jan'y
a
7,
Lee,
11032
•4412
1556
17
3040 00
a
Logan,
Loudoun,
21772
8708
128
05
250 20
Oct'r
31,
Louisa,
16698
6679
6678
45
13358 00
Aug.
26,
Lunenburg.
11984
4793
4789
25
13499 50
Aug.
Jan'y
15,
Madison,
8854
3541
1770
-
7082 00
7,
McDowell,
1535
614
396
20
Sept'r
Sept'r
18,
Mecklenburg,
20096
8038
3686
35
16076 00
22,
Mercer,
6818
2727
2728
25
4200 00
Nov'r
17,
Middlesex,
4364
1745
1746
45
3493 80-
Dec'r
1^
Monroe,
Montgomery,
10757
4302
2148
-
4200 00
July
30,
10615
4246
4246
30
Nov'r
'3,
Nansemond,
13693
o41 t
5477
20
10954 00
July
Nov'r
25,
Nelson,
13015
52 06
2850
25
10612 00
24,
New Kent,
5884
2353
1175
35
2351 40
Dec'r
15,
Northumberland, -
7530
3012
1365
_
6072 00
Nov'r
20,
Nottoway,
8836
3534
1767
-
7070 00
Dec'r
15,
Orange,
10706
4232
4263
10
8564 00
Dec'r
8,
Page,
8109
3243
1620
_
4900 00
Nov'r
16,
Patrick,
9359
3743
1918
_
7486 00
Pendleton,
61C5
2466
-
_
4932 00
Nov'r
30,
Pittsylvania,
27656
11062
5530
40
22124 00
Aug.
20,
Pocahontas,
395S
1583
1584
45
3166 00
Nov'r
17,
Powhatan,
Prince Edward, - " -
Prince George,
Pr.Wm., (See Pr.W.& Stafford,)
8391
3356
3557
20
6824 00
Aug.
29,
11854
4741
4744
25
9489 00 .
Nov'r
19,
8410
8565
3364
3426
1683
-
3366 00
July
28,
Pulaski,
5416
2166
2166
-
4332 00
Dec'r
7,
Randolph,
4990
1996
321
-
600 00
Rappahannock,
8350
3540
1273
15
Nov'r
28,
Richmond county,
6856
2742
1371
30
5484 00
July
25,
Roanoke,
8048
3219
2730
_
10922 80
it
it
Rockbridge,
17250
6900
6900
2S
13801 12
Jan'y
7,
Rockingham,
23408
9363
4718
05
9436 00
a
it
Russell,
10180
4072
3875
*20
4000 00
a
u
Scott;
Shenandoah,
12072
4828
4580
09
10142 00
Oct'r
30,
13896
5558
5553
15
11166 00
Smythe,
8952
3580
3580
_
7160 00
Dec'r
8,
Southampton,
12916
5166
1605
Oct'r
28,
Spotsylvania,
Stafford, (See Pr.Wm.ifc Staif'd.)
11048
4419
4420
40
8838 00
Sept'r
26,
Surry,
6133
2453
2453
10
4916 00
Oct'r
5,
Sussex,
10175
4070
4071
_
10000 00
Jan'y
7,
Tazewell,
9920
3968
3442
08
6O40 00
< )ct'r
28,
Warren,
6142
2576
25 7 7
_
5142 00
Jan'y
7,
Washington,
Westmoreland,
16893
8282
6757
3312
6566
-
12843 55
Jan'y
it
7,
Wise,
4508
1803
1122
30
1468 00
i.
Wyoming,
2861
1144
11
10
41 8ft
Aug.
8,
WUbe,
1 2505
4922
4922
25
9845 40
Dec'r
7,
Petersburg city,
18278
7811
3677
4(i
14622 50
Winchester eit\.
1757
-
-
8511 (Ml
Diiuv> 1D cit\.
*
i r
1 155
3908 00
Doc. No. 19.
9
Date—1863-4.
Oct'r 2,
Sept'r 3,
Jan'y 14,
" 25,
" 26,
COUNTY, CITY, &c.
Elizabeth City co., Warwick,
[York and city of Williamsb'g,
Deaf and Dumb asylum,
Lynchburg city, -
Richmond city,
Prince William and Stafford, -
Richmond city,
£
14099
5639
2742
15181
Bush¬
els.
750
24
2790
4787
1785
321
963
Total salt distributed, 340529
10
•27
Am't paid
by county.
1500 00
50 00
The joint committee on salt in October 1863 recommended that'the distribution
should be of ten pounds to the person, instead of twenty, as theretofore, in order that
the supply might be more general in the pork packing season. This mode was adopted,
and shows, to some extent, why some counties have not received their full quota.
The total amount of salt distributed to the cities, counties and towns from 8th Juno
1863, (as appears by exhibit No. 6, accompanying the report of superintendent of 7th Jan¬
uary 1864,) was—bushels, 340,059
Of which the quantity delivered by the state tenants was—
For mouth ending 7th July, 20,199 22
" " " " August, 29,032 38
" " " " September, 34,347 35
" " " " October, 44,734 41
" " " November, 38,575 30
" " " " December, 24,982 10
" " " " January 1864, *5,277 40
That delivered to the counties, &c., from the furnaces operated by him, was
Delivered to the counties, &c.,
Bartered—bushels,
On hand by estimate of 7th January,
10,430
75,000
197,150
142,909
340,059
85,430
425,489
Total manufactured and received per report—bushels,
Of which Stuart, Buchanan & Co., and Charles Scott & Co. -delivered, under their con¬
tract of October 1863 with the legislature, 12,676 bushels.
2
DOC. No. XX.
EEPORT
OF THE
JOINT COMMITTEE
RELATIVE TO
CONSCRIPTION OF STATE OFFICERS
BY THE
CONFEDERATE GOVERNMENT;
MA.BOH: 1864.
Doc. No. 20.
REPORT.
The joint committee to whom was referred a resolution to consider what measures, if
any, may have become proper to be adopted by the general assembly in view of the
recent act of congress known- as the military act, so far as it may affect the officers of
government of this state, submit the following report and resolutions—viz :
• The provisions of the act referred to, obviously contemplated by the resolution, will
be found contained in the first section aad the second sub-section of the tenth section
of the act.to organize forces to serve during the war. The first conscribes into the
service of the Confederate States all white men, residents of the Confederate States,
between the ages of seventeen and fifty years, during the war. The second exempts
the members and officers of the sta<£ legislatures, and such other state officers as the
governors of the respective states may certify to be necessary for the proper .adminis¬
tration of the state governments."
Virginia, when she resumed the powers delegated to the United States, was, and de¬
clared herself to be "in the full possession and exercise of all the rights of sovereignty
which belong and appertain to a free and independent state." When, by her act of
union she entered into the Confederacy of the Southern states, and by her adoption of
the confederate constitution, delegated to the confederate government the powers
enumerated therein, she did not thereby relinquish or impair in any degree her char¬
acter of a complete and sovereign state, but as such, and for the purpose of more
effectually maintaining herself as such, communicated to the common government the
powers therein delegated. At the time of th^ transactions referred to, so entering the
confederate union, she possessed a constitution for her government as a state, republi¬
can in its form, established by the free will and sovereign power of her people, wherein
she established the three co-ordinate and distinct departments of government—the
legislative, executive and judicial. She also provided in her constitution for the crea¬
tion of numerous officers of the state governments, and, of the more important of
them, prescribed therein their duties, modes of election and tenures—b*ut gave autho¬
rity to prescribe these, as to the rest, to the legislature—to which, also, as a complete
legislature, was given the power to create any additional offices or agencies it might
deem useful to the state, as well as proper officers therefor.
Having thus seen the provisions made by Virginia for the maintenance and adminis¬
tration of her state government in" her organic law, let us turn to the provisions.of the
confederate constitution bearing on the same subject. It may be conceded that the
power vested in congress to raise armies and to organize the militia, implies the right to
prescribe who shall compose the army and the militia, but this right is to be exercised
in subordination to the acknowledged rights of the state governments. Those govern-
4
Doc. No. 20.
ments, though less conspicuous in the confederate constitution than the government of
the Confederate States, form as essential a part of the political system organized by
that instrument as the confederate government itself; and a just regard for their rights
is quite as necessary to the maintenance of that system as t&e preservation of the rights
of the confederate government.
Under the constitution of the Confederate States, the legislatures of the states elect
confederate senators ; they provide for the appointment of presidential electors; they
exercise the power of impeaching certain confederate officers; their consent to the
purchase is necessary to enable the confederate government te acquire exclusive juris¬
diction over places needed for forts, magazines, arsenals and dockyards; and they have
the right to demand protection against invasion and domestic violence. The state ex¬
ecutive may demand the rendition of fugitives, and, in the recess of their respective
legislatures, may appoint confederate senators.
The state judiciaries are recognized by the provision requiring full faith and credit
to be given to their proceedings. And the state governments, in ail their branches, are
recognized by the guarantee of. republican forms of government to the several states.
Thus, not only by the fundamental principle on which the Confederacy rests of a fede¬
ration of independent and sovereign states, but-also by the whole scheme, as well as
by numerous provisions, and the express guarantee of the confederate constitution, the
integrity of the state governments, being republican in form, must be held inviolate,
and all the officers thereof, which are of their essence, and constitute them such, pos¬
sess by mere virtue of their offices, entire immunity from all liability to military ser¬
vice to the government of the Confederate States by rea'son of any. law or authority
thereof.
Such being the relations of the two governments, and such the rights of the officers
of the state governments, the act to organize forces to serve during the war, passed by
congress on the 17th February 1864, declares all white men residents of the Confede¬
rate States between the ages of seventeen and fifty, to be in the service of the Confede¬
rate States during the war. It goes on, indeed, to provide, in a subsequent clause, for
the exemption " of the member^ and officers of the state legislatures, and such other
state officers as the governors of the respective states may certify to be necessary for
the proper.adminrstration of the state governments;" but neither the actual nor poten¬
tial exemption thus declared, changes or affects in any way the fact, that the provision
of the act first quoted, actually conscribes every officer of all the departments of the
state between- the ages of seventeen and fifty. If the view here taken of the rights
of the states under the constitution and compact of union be correct, then no such
conscription was legal or justifiable. The officers appointed under the constitu¬
tion and laws of the states to carry on the business of the- state governments are not
constitutionally liable to conscription into the military service of the Confederate States,
unless subjected thereto by the authority of the state, and should have been excepted
from it altogether, and not first conscribed, and then exempted. Accordingly, we find
this limitation of the power*to conscribe distinctly recognized in the conscription acts
passed by congress previous to the last. _ In the first of them, that of April 16th, 1862,
the president is authorized to place in the military service of the Confederate States,
all white men who are residents thereof, between the ages of eighteen and thirty-five,
uwho are not legally exempted from military, service," and the same language is employed
in the act of September .1862, extending the conscript age to persons under forty-five
years. Now, whether this language had in view the exemption of the officers of the
Doc. No. 20.
gtjtte governments by virtue of tbeir being such, or by virtue of the laws which de¬
clared them exempt from military service, still they were conceded by it to be not liable
to conscription, and there was no occasion to go into an investigation of the true source
of their admitted privilege of exemption. The actof April 1862, declares exempt "all judi¬
cial and executive officers of the state governments, the members of the legislatures of
the several states and their respective officers." The act of October 1862, still recog¬
nized and continued this exemption in the same broad terms—'"except such state offi¬
cers as the several states may have declared or may hereafter declare by law to be liable
to military duty." It goes further than this full recognition of the exemption of all
state officers, and shows the disposition of the'confederate authorities to waive the ex¬
ercise even of its clear right to conscr.ibe, where it might be attended with prejudice to
important objects of state policy, by providing for the exemption also of " all persons
employed in the manufacture of» arms or ordnance of any kind by the several states, on
the governor's certificate that they are nectssary to the same." •
The act of May 1863, in like manner and in the same terms as that of the act of Oc¬
tober 1862, provides for the exemption of the same officers of the state government,
legislative, executive and judicial, and in addition " all the state officers whom the gov¬
ernor of any state may claim to have exempted for the due administration of the gov¬
ernment and laws thereof; but not to continue after the adjournment of the next ses¬
sion of the legislature, unless they by law provide for the exemption of such officers
from military duty in the provisional army of the Confederate States." It thus appears
that by no military law of the Confederate States, or by any conscription act till, the
last, has the power ever been exercised or asserted to put the officers of the state gov¬
ernments, legislative, executive or judicial, into the military service of the general gov¬
ernment. Not only have they always been exonerated, but inferior officers of the gov¬
ernment, and even unofficial persons, engaged in important business of the states, have
been, as we have seen, hitherto exempted by the confederate legislation. It m^y be
observed, indeed, that the exemption from military service of all officers and servants
of both the state and general governments, who could be thought needful to adminis¬
ter or carry on the business of each, has been always heretofore provided for alike in
the laws of the states and of congress ; but as they mutually embraced all such officers,
it amounted practically to a mutual non-claim. It therefore could not be considered
as raising any question of power, and of course attracted no attention. But the en¬
quiry cannot now be waived. The present law actually conscribes into the. military
. service of the Confederate States, by its terms, the whole official corps of the different
states, of every grade, who may fall within the ages specified. For though we might
desire, if possible, to construe the cotemperaneous exemption of the state legislatures
and their officers into a recognition of their right to exemption by virtue of their hold-
' ing their offices under their respective governments, yet the total sfttd marked omission,
of any similar provision for the.exoneration of any of the officers of the judicial de¬
partments of the state governments, or of any of the officers of the executive depart¬
ment, except by implication, the governors, with the obligation imposed on them to
enrol themselves as conscripts in the confederate military service, unless the governor of
the state (whom the act invests, by some strange political solecism, with the power of.ex¬
empting from, or subjecting to service under the confederate government, state officers
and even a co-ordinate department, at his discretion,) shall grant them a certificate of
exemption, leaves no room to doubt that the like power of conscripting or recruiting
the legislatures also, at their pleasure and on their terms, is equally claimed by con¬
gress in their Jute law. The power actually asserted by this law is that of conscribing
6
Doc. No. 20.
all officers of the state governments between the ages of seventeen and fifty; but as the
right is also claimed to prescribe the ages of conscripts, at will, the power really
claimed by the confederate government jnay be justly stated to be to conscribe, at its
pleasure, all the officers between seventeen and fifty, without exception, executive and
judicial of the state government, into the military service of the Confederate States.
The claim of power is not changed or effected by the right of exemption cotempora-
neously claimed and exercised by congress. So far from it, the exemption of state legis¬
latures, and on governors' certificates, of other state officers, by virtue of an act of
congress, involving as it does, the right to refuse or- repeal such exemptions, leaves
wholly unimpaired the claim of power to conscribe all state officers whatsoever when¬
ever it may please congress to exercise it.
The power as claimed, therefore, is to extinguish, at the pleasure of congress, in time
of war, the state governments, or any of them; close their courts; shut up their halls of
legislation; leave their laws unexecuted; to be followed soon by the destruction of the
confederate government, itself dependent, as we have seen it to be, on the state govern¬
ments for its own existence. That congress never contemplated as the result of its
action, consequences at once so parricidal; and indeed suicidal as these, the extreme
character of them sufficiently evinces. But they nevertheless do flow as the legiti¬
mate corrolary from them, and we are not at liberty, viewing the question as one of
power, to consider what we suppose to have been intended agni;i3t what was actually
done.
The power, as exercised in the law in question, would actually close -many of the
courts ; would mutilate the court of appeals and strip the state of a large number of its
most important executive officers, unless the governor saw fit to grant those officers,
some of whom are his constitutional co-ordinates, a certificate prescribed to him by the
law referred to. Here, too, it is apparent that no such consequences were intended.
The power given to the governor to prevent them sufficiently shows that. But if con¬
gress possesses the power to give, they may give it to whom they please—to the gov¬
ernor's aid, to the president or to his private secretary, and it affords no argument to
maintain the exercise of a dangerous power, not possessed, that in the particular case
it has been harmlessly exercised. However commendable the intention, the governor
of a state cannot be properly made the agent of executing a law of congress. Such an
obligation is alike .inconsistent with his duties and with the dignity of the state. His
office is to maintain the constitution of the state and of the confederate government,
and to see that the laws of the state are faithfully executed. > The power conferred by
the law iu question is to decide what officers of the state government are necessary to
the proper administration of its "affairs, uyder a law that puts into the army all he shall
not thus declare to be so. His certifying, in execution and by virtue of that law, some
to be necessary, would, therefore, be to "decide that others are not. But his official
duty and oath alike forbid that he should decide that officers of the state, appointed or
elected'to administer the affairs thereof, under the constitution and laws which he is
bound by his oath to maintain and execute, are not necessary to that end. The gov¬
ernor of this state will doubtless know how to use his official authority when necessary
to protect the exclusive right of the state to the services of her public officers, provided
for by her constitution and laws, and exempted by the legislature from military service
to the»Confederate States, without finding it necessary to execute a confederate law.
Your committee have felt it their duty to exhibit thus plainly, but tomporately, the
.character of the pretensions asserted by co igress in the act in question, and to de-
Doc. No. 20.
velope fairly the consequences they would authorize. They do it in no captious, or
unfriendly or controversial spirit. They do not permit themselves to believe for a moj
ment that these pretensions are the well considered and deliberate conclusions of that
body. Th.ey are aware that the measure was passed hastily, involved in others of great
moment in the last hours of the session. But it is apparent that an avowed or tacit
acquiescence in them by the states would indeed impart to them all the significance and
gravity which their having been the deliberetely affirmed right of congress would have
invested with. It is for this reason that they deem a plain, prompt and distinct denial
by the state authorities of the possession by the confederate government of a power so
grave, and even revolutionary at this, actually, however, they may believe inadvertantly
or accidentally asserted and exercised by the late act of congress, to be demanded alike
by prudence, self-respect and duty.
In doing this, Virginia fears no misconstruction. She went into the Confederacy as
a perfect state, complete in all her organization and appointments.- She -went into it
under no delusions or doubts as to the position. She assumed its duties and its dan¬
gers. When she went into it the^Confederacy was not peace, but war. She went into
it for the defence of the rights of the states as states, contemned and trampled upon
by the usurping government at Washington. How she has acquitted herself' of her
duties to. the common cause, she does not feel it necessary to urge. If to'havepoured
out the blood of her children like water—if to have put without stint her means and re¬
sources at the service of the confederate government—if to have contributed'promptly
in men ^nd money all that has been demanded, nay more than the proportion justly
demandable of her by that government, and in excess of those calls, more of both than
ever before was voluntarily laid on the altar of patriotism by any people—if to have
devoted to the army numbers of her old men and of her boys even from the stho'ols—
if her women have known no occupation but to administer to the sick and to prepare
and provide supplies and comforts for our soldiers—if to have solved all doubtful Ques¬
tions in favor of the confederate government, and to have given always to the confede¬
rate authorities and to the confederate policy a franf and earnest support and a liberal
confidence—if to be no less animated now than ever with the same devotion to the pub¬
lic cause, and no less resolved still to pursue the same course as heretofore in sustain¬
ing it—if this course and this purpose cannot protect her from misconstruction when
she temporately, though firmly checks the inadvertence of, it may be a commendable,
but yet an indiscreet zeal, that forgets those very-rights she, as a state, entered inter
this war to assert, and recalls congress to the recollection, momentarily obscured, that
the battle we are fighting is the battle of sovereign states, carried on by means of a
government of limited powers of their creation, and dependent on them for its exis¬
tence, and not the battle of a sovereign confederacy carried on by me/ms of states
whose character as such was derived from, or is dependent on it, blame and censure,
if they come, will not fall on her,-but .should justly attach to those who are too blind to
discern, or too spiritless to repel a plain violation of the rights, honor and independence
of the states.
Your committee recommend the adoption of the following resolutions :
Resolved by the general assembly of Virginia, That this state claims as an absolute
right, not relinquished or compromised«in any manner by her adoption of the constitu¬
tion of the Confederate State's, the appointment of all officers deemed needful by her tc
perform the various functions of her state government, and their total immunity, ex¬
cept with the assent of the legislature, so far as the same might be given consistently
8
Doc. No. 20.
with the constitution of the state, from any military service or duty to the confederate
government.
Resolved, That the following officers of the state of Virginia, elected*or appointed
under and by virtue of the constitution and laws thereof—to wit:
In the legislative department—the members of both houses of the general assembly,
and the clerk of each house, and the sergeant-at-arms and door-keepers thereof.
In the executive department—the governor, the secretary of the commonwealth and
his clerks, the treasurer, the two auditors and the register of the land office and all
their regular clerks provided for by law; the board of public works and their secretary ;
the public printer and the printer of the senate; the adjutant-general and his clerk; the
inspector-general, the colonel of ordnance, the quartermaster-general and the officers
and men of the public guard ; the commissioners of the revenue; one surveyor for each
county, and the superintendent of the salt works and his assistants authorized by law.
In the judiciary department—the judges of the court of appeals and of the circuit
courts, and the judge of the hustings court at the city of Richmond; the clerks of said
courts and of the district, county and corporation courts, or a deputy clerk for each of
said courts where the clerk thereof is in the military service of the Confederate States;
the justices of the peace, the attorney-general and attorneys for the commonwealth ; the
sheriff of each county and corporation, and the sergeant and collector of taxes of each
corporation having a hustings court; the high constable of the city of Richmond.
In the public establishments—The superintendent and professors of the* Virginia
military institute; the superintendents of the lunatic asylums, and the regular nurses
employed therein, and the teachers employed in the institution for the deaf, dumb and
blind ; the superintendent of the penitentiary, his assistants and clerk—are indispen¬
sable to the performance of the public functions with which they are charged, and to
the proper maintenance of the dignity, integrity and efficiency of the government of
this state,, and the public institutes thereof, and are not, and of right should not be
liable to be called into the military service of the confederate government, by virtue of
any law thereof, so long as they hold their respective offices under this state.
Resolved, That the governor be, and he is hereby authorized and directed, in such
mode as he may deem best, to apprise the proper confederate authorities that the state
of Virginia claims and requires the exclusive service of the above enumerated officers,
and their immunity from all military service to the confederate government, by virtue
of any law thereof.
Resolved, That the governor be further empowered and directed to bring to the
notice of the said authorities, the presidents, cashiers, tellers and such other officers
of the banks of discount and deposit of this commonwealth as he may think necessary
to the safe conduct of their business ; also, any special cases of persons whose services
he may consider important to the public interest—to the preservation of order—to the
security of our cities, or the efficiency of our public establishments, and request their
exemption so long as they may be rendering such services, from the military service of
the Confederate States.
DOC. No. XXI.
REPOET
of the
JOINT COMMITTEE
of the
GENERAL ASSEMBLY OF VIRGINIA
'appointed to
4
INVESTIGATE CHARGES OF ABUSE AND INHUMANITY
to
CONSCRIPTS AT CAMP LEE.
march lo, 1864.
Doc. No. 21*.
REPORT.
The joint committee appointed to enquire and report whether any, and if any, what
abuses or inhumanity may have been practiced or tolerated at Camp Lee in the treat¬
ment of conscripts, have performed the duty assigned them, and beg leave respect¬
fully to submit the following report:
. Before entering upon the investigation required by the resolution of the general as¬
sembly, your committee deemed it becoming to apprise the secretary of war of their
purpose, and to request of him authority to visit Camp Lee, in order to obtain informa¬
tion and to enable them more thoroughly to prosecute their enquiries. To this appli¬
cation the secretary promptly and courteously"replied, giving the authority asked for,
and expressing the pleasure he felt at the interest manifested in the conscripts by the
general assembly in "the resolutions of enquiry which they had adopted, and under
which your committee were acting. The letter of Mr. Seddon, together with his written
authority to visit Camp Lee accompanying it, your committee regard of sufficient im¬
portance, and as due alike to the subject and the secretary of war, to refer to and
make a part of their report, and they accordingly append them, marked A and B. They
think it proper to remark also in this connection, that they found the proposed investi¬
gation of the subjects committed to them had been 'in part anticipated by the action of
the secretary of war before the passage of the joint resolution by the general assembly,
who, upon learning that rumors had obtained currency of suffering among the men at
Camp Lee for want of wood, ordered an officer to go out and investigate the matter
and make immediate report. Your committee have been furnished with a copy of that
order and the reports thereon of Colonel Shields, the commandant of the post, and of
the several officers in charge of the troops at Camp Lee, which are of interest and value
as illustrating and explaining the subject and constituting a part of the evidence upon
which your committee relied in arriving at their owti conclusions. These documents
are appended, marked I and in consecutive order.
It will be perceived that the complaints which reached the secretary of war assumed
the general form of "suffering for want of wood,"' and the enquiries directed by him
were confined to that specific charge; and so far as the investigations under the order
of the secretary upon this head are concerned, the reports of the commandant at Camp
Lee and of his subordinate officers, seem to your committee satisfactory, and fully acquit
these officers of any neglect of duty in attending, as far as practicable to the wants and
comforts of the men in supplying them with fuel. Their statements, made in the reports
to the secretary of war, were confirmed to us in the examination we made at the inter¬
view we had with these officers. It appears that the men were furnished with all the
wood allowed by the army regulations. The supply was stated to'be ample in ordinary
weather, but during an extremely rigorous spell of cold, such as occurred about the
4
Doc. No. 21.
middle, of February, it was admitted that the quantity of wood was not adequate.
That some discomfort was experienced by some of the conscripts for want of sufficient
fire, is quite probable ; but we could ascertain no individual case of the kind, and find
nothing in the circumstances and evidence to fix culpability upon the officers in charge
of the troops at Camp Lee, much less to sustain the allegation made through the press
of inhumanity and cruelty to the conscripts, or of any extraordinary degree of suffer¬
ing, resulting in loss of limb or death, or even of illness from cold. It may he proper
here to state, however, as a fact developed in the course of our investigation, that
many of the newly arrived conscripts do suffer for want of clothes and blanket's. This
is not the fault of the commandant or his officers. It results from the circumstance
that conscripts re.cently enrolled aj'e sometimes hurried to camp without an opportunity
being afforded them to visit home and provide themselves with clothes and blankets,
and make other preparations for camp life, but often from their own neglect to do so
after ample notice. If there be blame anywhere, it is attributable to the carelessness
orjndifference of the enrolling officer in the country to the wants and comforts of the
conscripts, or to defects in the provisions or execution of the law." The fault lies here,
and not, as your committee are assured, in the administration of the laborious and re¬
sponsible department under the management of the commandant^ Colonel Shields,
whose high character, urbane manners, delicate feelings of humanity and eminent
qualifications for his post forbid the conclusion that he would exercise his authority
otherwise than in the most considerate and humane manner towards the conscripts
under his charge, or would practice or tolerate any other than a proper care and atten¬
tion to their wants and necessities. As far, therefore, as your committee could pursue
their investigations, (and it was as searching as the nature of the case and their sources
of information admitted,) they could discover no instances of death, cruelty, inhumanity,
or even of extreme suffering or hardship. Hardships there undoubtedly are and have
been, but only such, and not more severe than are incident to camp fare and a soldier's
life. "We were informed by the surgeon, Dr. Palmer, of a case where a man fell irf a
fit; but he was known to be subject to fits, and they were not produced by exposure to
the cold, as the surgeon believes. It happened during the severe weather in February,
and probably gave origin to the report of inhumanity at the camp which was so widely
propagated, and excited the sensibility of the general assembly and the people.
Your committee did not consider themselves limited in their enquiries to the rumor
of suffering among the conscripts for the want of wood. Their duty embraced a wider
scope. " It was to examine whether any abuses or inhumanity was practiced or tolerated
at Camp Lee iu the treatment of conscripts," in any way or in any form. The general
assembly of Virginia had a special interest in the investigation, as the camp is near
her capitol and the place of rendezvous for her conscript soldiers. Over them she was
bound to exercise a parental care. Your committee, therefore, proceeded to Camp Lee,
and take pleasure in stating, were received with politeness and courtesy by Col. Shields,
th« commandant, and all the oncers of the post. Every facility and opportunity were
afforded them for examination and enquiry into the condition of the camp and of the
wants, necessities, accommodations and comforts of the men. Col. Shields himself
and all of his officers frankly and with alacrity responded to every enquiry addressed
to them touching the matters to which we directed our enquiries. We were allowed
unrestricted access to every place we desired to visit, and an officer accompanied us to
show us through the hospital, the bari'acks and quarters of the men, which we in¬
spected as closely as time and our inexperienced habits in relation to such matters
would enable us. We found the hospital clean, well provided with comfortable beds
Doc. No. 21.
5
and bed clothing, and we do not doubt the patients are attentively nursed and attended
with skilful medical treatment. The large building appropriated as the principal,quar¬
ters of the men, we would remark, is by reason bf the open floors being made of green
plank, and the small fire places, difficult to be warmed sufficiently to be comfortable in
extremely cold weather. But otherwise the quarters are dry and well cleaned, and as
well adapted 1o the sleeping uses of the healthy soldier as could be expected. Camp
Lee is situated upon an elevated plain, remarkably dry, and represented to be unusually
healthy. * Although it was generally understood at camp that the committee had made
the visit to ascertain if there existed, or had been practiced any abuses, yet no com¬
plaints were made, nor in answer to enquiries could we learn that any existed upon
which complaints could be founded. No facts at least were brought to our knowledge.
Your committee take pleasure in reporting this as the result of their enquiries. They
believe that the investigation will have a good effect, and was, under the circumstances,
and the gravity of the charges, alike due to our conscripts and the.officers of the post.
It will show to our people that the*general assembly are not insensible to the wants
and sufferings of our noble soldiers in whatever field or camp they are called to render
service to their country, nor faithless to her solemn obligations to extend a parental
care over them, and to shield and protect them whenever oppression and distress may
come upon them. It will accomplish more : it will relieve the minds of distant families
and friend? as to the supposed maltreatment of husbands, sons and brothers in Camp
Lee, and mitigate something of that repulsiveness and dread with which that military
post is viewed by conscripts who are sent there pursuant to military regulations.
G. W LEWIS,
Ch'n S. Com.
B. H. MAGRUDER,
Ch'n H. Com.
6
Doc. No. 21.
War Department, March 3, 1864.
Dear Sirs :
Your note of this morning has only now reached me. It affords me plea¬
sure to send the authority d.esired by your committee to visit Camp Lee, and I am pleased
to think I shall be aided in my efforts to secure all proper care to the conscripts there,
by the interest which has been manifested for them by the honorable body which has
constituted you their committee of investigation.
Yery truly yours,
JAMES A. SEDDON,
Secretary of War.
G. W. Lewis, Esq., C. S. C.
B. H. Magruder, Esq., C. H. C.
Doc. No. 21,
7
B
War Department* March 3, 1864.
G. W. Lewis, Esq., chairman of a committee of the senate of Virginia, and B. H. Ma-
gruder, Esq., chairman of a committee of the house of delegates of Virginia, with the
other gentlemen of the respective committees, are authorized to visit Camp Lee in the
vicinity of the city, and to make all proper enquiries and observations relative to the
accommodations of.the camp and the condition of the conscripts there.
All officers in charge are instructed to receive them with attention, and to render
them all appropriate facilities of enquiry and observation.
JAMES A. SEDDON,
Secretary of War -
8
Doc. No. 21.
I
CIRCULAR.
Headquarters Camp Lee,
February 19, 1864.
The following named officers, in charge of troops at this post, will endorse on this
circular whether or not they hare made requisitions for wood regularly, and if it has
ever been refused them • or if within their knowledge there has been suffering amongst
the men under their charge for the want of wood. This circular is issued in conse¬
quence of complaints having reached the secretary of war, " that there is much suffer¬
ing at Camp Lee for want of wood."
Captain J. Patterson, in charge of paroled and exchanged prisoners.
Lieutenant it. Boiling, in charge of camp guard battalion.
Lieutenant A Doyle, in charge of Virginia conscripts.
•By order of Col. John C. Shields.
WM. H. FRY,
Capt. Adjt. Pott,
H'dqrs Paroled and Exchanged Prisonees,
February 19, 1864.
Paroled prisoners have at all times been furnished with wood, in accordance with
Regulations. Requisitions are punctually made out, and promptly filled, and the quan¬
tity issued is amply sufficient for legitimate purposes.
J. PATTERSON,
Capt. in charge Pa. and Ex. Prisoners.
H'dqrs. Virginia Conscripts,
February 19, 1864.
The*Virginia conscripts, since I have had charge of them, have been regularly sup¬
plied with wood to the full ampunt allowed by Regulations, which has always been
considered sufficient for ordinary purposes. The extreme severity of the weather at
present would, however, justify an extra allowance till the weather moderates.
ARTHUR DOYLE,
Lieut. Com'g Virginia Conscripts.
H'dqrs. Confederate Guard(
February 19, 1864.
In the temporary absence of Lieutenant Boiling, commanding company, I will state
Bbc. No. 21.
that requisitions have been regularly made out for my company, and the quantity of
wood allowed by Army Regulations has been promptly furnished by the Q. M.
R. E. HAWKS,
Lieut. Com'g Confed. Guard.-
Head. Quarters Camp Lee,
February 19(< 1864.
Respectfully returned to Gen. Winder by Lieut. Davis. Attention called to the several1
reports. I have not been informed of any case of suffering. Had I been, the case'
would have received prompt remedy. It may be that a few men have suffered during'
the last few days, but no case has come to my knowledge. In the absence of specific
information giving names, I cannot furnish a further report. If the names of the parties
are given, any irregularity which may have occurred towards them will be immediately
corrected. Lieut. Davis is requested to make any inspection necessary to correct the
evil if if exists,- either through misapprehension or neglect.
J. C. SHIELDS,
Col. Com'g.-
Head Quarters Department Henrico,
Richmond, February 1'9, 1864:
Respectfully returned to Major Pegram. I have made a personal inspection of the
quarters of the men at Camp Lee, and find them as comfortable as circumstances will
permit, and supplied with the amoivnt of fuel allowed by the Regulations. An extra
supply in very cold weather will be more conducive to their health and comfort.
Very respectfully,
St B. DAVIS,
Lieut. ^ A. I. Gen.-
Gen. Winder1:
I hope the representations made me were exaggerated! The' extreme"
severity of the weather probably caused some suffering. Every effort should be made
to render these conscripts comfortable,-as many are not inured to camp life, or indeed1
to any exposure.
J. A. S., Sec.-
February 2-1, 1864.
A fair copy of the circular issued,-with the endorsements thereon.
WM. H-. FRY,
Capt, § Adjt. Post.
Head Quarters Department op Henrico,
Richmond, February 19, 1864.
Colonel :
The secretary of war has just ihformed' General Winder that he learns that
there is much suffering at Camp Lee among the men for want of wood. The secretary
has directed the general to send an officer out to investigate the matter, and make im=
9.
10
Doc. No. 21.
mediate report. This will be handed by Lieut, Davis, who is sent out for that purpose*.
Will you please give him all the necessary facilities.
Very respectfully,
Your obedient servant.
J. W. PEGRAM,
A. A. General,
Col. J. C. Shields,
Commanding Camp Lee.
A true copy.
WM. E.. FRY,
CapU 4* Adjt. Post,
Head Quarters Camp Lee,
February 19, 1864.
Respectfully referred to Major Maynard, quartermaster, for report.
J. C. SHIELDS,
Col. Com'g.
Quartermaster's Office, Camp Lee,
February 19, 1864.
Respectfully returned to Colonel Shields.
Fuel to the troops at this C3,mp has been invariably issued when called for, and in
accordance with Regulations.
Very respectfully,
GEO. F. MAYNARD,
Major Quartermaster.
INDEX.
ACTS OF ASSEMBLY.
Joint resolution for publishing, in
newspaper form, laid on table, 170-1
List of, passed, 229-32
ADJOURNMENT.
Resolution for, on Monday 14th De¬
cember, laid on table, 42
Taken up and laid on table, 45
See Recess.
AGENTS.
Resolution to amend act'for support of
families of soldiers so as to prevent
others from purchasing supplies
from, af reduced prices, 41
Resolution for penalties for frauds by
persons falsely representing as, for
purchase of stores for government, 47
Resolution to amend 5th section of act
for appointment of, for counties, &c., 77
AGRICULTURE.
Joint resolution for report of products
of, agreed to by senate, 200
ALIEN ENEMIES.
No. 95, S. B., forfeiting lands of, read
1st time, 186
Read 2d time—amendment proposed,
Laid on table, 198
AMERICAN AGENCY.
No. 21, S. B. supplementary to act
incorporating, referred, 72
APPEALS.
See Court of.
APPOINTMENTS.
Joint resolutions in relation to, of men
not of Southern birth, 48-9
Considered and rejected, 50
APPRENTICES.
Resolution to suppress combinations
inducing, to leave their masters, 41
APPROPRIATION BILL.
No. 179, H. B. Appropriating public
revenue—communicated, 193
Read twice, amended and passed se¬
nate, 194
Amendment of senate agreed to with
amendment, 201
Amendment of house agreed to by
senate, - 204
ARCHIVES.
Resolution for collecting names, &c.,
soldiers for, 89
ARDENT SPIRITS.
Resolution for prohibiting or restrict¬
ing sale of, within the state, 97
Resolution for prohibiting retail of, l*>i
No. 92, S. B. Therefor, 183
ARMORY.
Communication from governor in rela¬
tion to removal of machinery from,
Doc. No. 3, 42
Resolution in relation to terms of oc¬
cupancy of, by confederate govern¬
ment, 141
No. 95, H. B. Authorizing lease of
land adjoining, read three times and -
passed senate, 205
ARMSTRONG, James D.
Leave of absence granted for four days, 56
ARMY AGENCY.
No. 162, H. B. To establish in Rich¬
mond, twice read and referred, 177
Read third time and laid on table, 181
Passed senate, 189
ARMY AND NAVY.
Resolution in relation to rank of U. S.
officers transferred by Virginia to
the Confederate States, 42
Response of governor. Doc. No. 4, 47
Preamble and joint resolution as to
promotions in, referred, 91
Committee discharged, 96
Joint resolution for address to, com¬
municated and agreed to by senate
committee, 122
• ARMY OFFICERS.
Resolution of enquiry as to rank of
U. S., transferred by Virginia to con¬
federate army, i 42
Response of governor. Doc. No. 4, 47
Joint resolution in relation to dis¬
charges of, laid on table, 44
ARNOLD, George J.
Resolution for bill for relief of, 72
No. 37, S. B. Therefor—read 1st time, 90
Read 2d time and engrossed, 97
Read 3d time, rejected, reconsidered
and laid on table, 98
Rejected, reconsidered and laid on
table, 102
No. 74, PI. B. For relief of, communicated, 148
Read three times, rejected, reconsid¬
ered and laid on table, 149
ARRESTS.
Senate joint resolution as to, of certain
citizens of Portsmouth—agreed to, 206
Agreed to by house, 214
ASHLAND.
No. 15, H. B. Amending charter—com¬
municated, 53
Read and referred, 56
Reported without amendment and
passed senate, 75
2
INDEX.
ARTILLERY.
No. 81, H- B. Authorizing erection of
sufficient covering dor, communica¬
ted, 92
Read three times and passed senate, 93
ATTORNEY GENERAL.
House joint resolution instructing, to
perpetuate the testimony in the case
of the recent raid on Richmond,
agreed to by senate, 205
ATTORNEYS FOR THE COMMON¬
WEALTH.
Resolution to amend Code so as to pro¬
vide for elections of, in cities where
circuit courts are held, 44
No. 16, S. B. Therefor, read 1st time, 54
Read 2d time and engrossed, 59
Read'3d time and laid on table, VI
Amendment proposed and laid on table, 72
Amended by consent and passed senate, 73
Resolution for increasing compensa¬
tion of, in circuit court of Richmond, 44
Resolhtion for increase of compensa¬
tion of, in circuit court of Lynch¬
burg, 45
.No. 25, S. B. Amending Code so as .to
increase compensation of, in circuit
courts, read 1st time, 7'6
Read 2d time, amended and laid on
table, 84
No. 20, H. B. Amending Code in rela¬
tion to pay of—read twice and re¬
ferred, 90
Reported with amendments and passed
senate, 96
Senate amendments agreed to by house, 137
AUCTION SALES.
No. 85, S. B. T.o regulate—referred, 170
AUDITORS.
Report of committee to examine office
of public accounts, .130
Laid on table, 131
Report .of committee to examine office
of 2d, 147-8
Laid on table, . 159
BACON.
See Pork and Bacon.
BAIN, Rev. George M.
Senate joint resolution in relation to
arrest of, agreed to by senate, 206
Agreed to by house, 214
BAKER, R. P,
No. 58, H. B. For relief of securities,
read twice and referred, 142
Reported with amendment, 146
Amendment agreed to and bill passed
senate, 154
Senate amendment agreed to by house, 156
BALL, William B.
No. 63, H. B. For payment of money
to, 166
I'wice read and referred, 166-7
Read third time, rejected, reconsidered
and laid on table, 176
Passed senate, '180
BANKS.
Resolution allowing debtors to branch¬
es to pay to the mother bank in Rich¬
mond, 55
No. 40, S. B. Therefor read 1st time, 97
Read 2d time, amendment offered, laid
on table, 99-100
Unsuccessful motion to take up, 116
Amendments rejected and bill en- '
grossed, 13.2
Passed senate, 134
Passed house with amendments and
referred, ' 164
Reported with house amendments and
laid on table, 168
House amendments concurred in, 186
Report of committee adverse to can¬
celling currency of, agreed to, 179
Adverse report to sale of state stocks
in, concurred in, 179
Resolution as to legislation necessary
to do justice between, and their de¬
positors on account of the currency
act of concrress, 200
BECIvLEY, Gen'l Alfred.
Resolution for paying for services ren¬
dered, 39
No. 26, S. B. Therefor, read 1st time, 76
Read 2d time and engrossed, 81
Read 3d time, rejected, reconsidered
and laid on table, 82
BERKELEY AND JEFFERSON.
See Senatorial Districts.
BIBB, R. F. & D. G.
Communication in reference to hire of
negro convicts—referred, 106
No. 49, S. B. Releasing from contract
for hire of convicts, read 1st.time, 116
Read 2d time and engrossed, 120
Read 3d time and laid on table, 123
Passed senate, 137-8
Passed house, 148
BOARD OF PUBLIC WORKS.
Report of, relating to salt, referred to
joint committee on salt, 131
No. 50, S. B. Authorizing to increase
tolls on railroads, 117
Read 2d time and laid on table, 131
Substitute offered, laid on table and
printed, 141-2
Joint resolution authorizing to ar¬
range with J. N. Clarkson for hire of
slaves, 140
Resolution for suspending appropria¬
tions to unorganized companies, 80
No, 61, S. B. Therefor, read 1st time, 125
Read 2d time and engrossed, 145
Read 3d time and passed senate, 153
Passed house, 164
House joint resolution instructing, as
to supply of fuel at salt works, 166
Concurred in by senate, 167
Resolution calling for information as
to quantity of salt made by state, 170
INDEX.
8
■Response of board, 181
No. 65, H. B. To amend Code in re¬
gard to appointments of directors
and proxies by, read twice and laid
on table, 214
Passed senate, 228
BOATS.
Resolution to prevent unlawful trading
on, 41
No. 39, S. B. Therefor, read 1st time, 96
Read 2d time and engrossed, 99
Read 3d time and reconsidered, 104
Amended and engrossed, 105
Passgd senate, 111
Passed house with amendment—laid
on table, 12T
Amendment of house concurred in, 135
No. 38, S. B. To prevent unlawful car¬
rying of slaves on, read 1st time, 96
Read 2d time and engrossed, 99
Read 3d time and laid on table, 102
Passed senate, 136
Passed house, ' 148
BONDS.
See State Bonds.
County and Corporation Bonds.
BRANCH BANKS.
See Banks.
BRAXTON, William A.
Resolution to report bill of extra ses¬
sion for relief of, 41
No. 30, S. B. Therefor, read 1st time, 83
Read 2d time and engrossed, 85
Read 3d time and laid on table, 86
BRIDGES.
Resolution for transferring guarding
of, from detailed soldiers to militia, 87
BRIDGEWATER.
No. 96, H. B. T.o amend charter, 166
Twice read and referred, 167
Reported without amendment, 182
Passed senate, • 187
CALVES.
Resolution to prohibit slaughtering of,
during the war, 109-10
CAMP LEE.
Resolution for joint committee in re¬
lation to treatment of conscripts at, 156
Adopted by senate—committee ap¬
pointed, 157
Agreed to by house with amendments ;
agreed to by senate, 164
Authorized to send for persons and
papers, 171
House resolution authorizing sending
for persons and papers agreed to by
senate, 173
Report of committee, 214
Laid on table and printed. Doc. No. 21, 229
CANAL BOATS.
See Boats.
CANAL COMPANIES.
No. 42, H. B. Requiring, to transport
troops without prepayment of fare, 148
Read three times and passed senate, 149
CAPITAL.
Resolution as to raising volunteers for
defence of, 86
Committee ask to be discharged—laid
table, 96
CATAWBA RAILROAD COMPANY.
No. 102, S. B. To incorporate, read
three times and passed senate, 214
Passed house, 222
CAUSES.
Resolution to amend law as to order
of docketing in western court of ap¬
peals, 131
No. 66, S. B. Therefor, read first time, 133
Read second time and engrossed, 145
Read third time and passed senate, 154
CAVALRY.
House joint resolution for increase of
pay agreed to by senate, • 57
CENTRAL LUNATIC ASYLUM.
No. 142, II. B To dispense with office
of treasurer at, &c., read three times
and passed senate, 182
CHARLOTTESVILLE.
No. 124, II. B. Amending charter, read
three times and passed senate, 158
CHARLOTTESVILLE SAVINGS BANK.
No. 59, II. B. Reducing number of di¬
rectors communicated, twice read
and referred, 57
Reported without amendment and pass¬
ed senate, 58
CHEROKEE INDIANS.
See Indians.
CHINESE SUGAR CANE.
See Sorghwn.
CHRISTIAN, Joseph.
His vote on bill for impressment of
salt works entered on journal, 227
CHRISTIANSBURG.
Resolution for holding next session of
court of appeals at, 43
CHURCHES.
Resolution to amend Code so as to in¬
crease quantity of land to be held
by trustees of, 116
No. 68, S. B. Therefor, read first time, 136
Read second time and engrossed, 159
Read third time, amended and passed
senate, 160
Passed house, 225
Joint resolution instructing commis¬
sioners of revenue to report losses
of, since commencement of war, 200
CIRCUIT COURTS.
No. 4, S. B. Amending Code iu regard
to salaries of the judges of, read
first time, 43
Read second time and laid on table, 48
Resolution to amend Code so as to pro¬
vide for electing attorneys for, in
cities, &c., 44
No. 16, S. B. Therefor read first time, 54
Read second time and engrossed, 59
4
INDEX.
72
16
84
130
166
167
224
Read third time and laid on table, 71
Amendment proposed and laid on
table,
Amended by consent and passed senate,
No. 25, S. B. Amending Code so as to
increase pay of attorneys for, read
firsttime,
Read second time, amended and laid
on table,
No. 65, S. B. To extend jurisdiction
during the war, referred,
No. .133, H. B. To amend Code in rela¬
tion to special terms,
Twice read and referred,
CITIZENS OF VIRGINIA.
House preamble and resolutions ex¬
pressing sense of general assembly
of the devotion of, in enemy's lines
to southern freedom—laid on table
and made order,
CIVIL AUTHORITIES.
No. 6, S. B. Amending act for arrest
of deserters by, read first time,
Read second time, engrossed and passed
senate,
CLAIMS.
Resolution for limiting time for pre¬
senting against commonwealth,
No. 36, S. B. Therefor read first time,
Read second time, amended and en¬
grossed,
Reconsidered, amended and engrossed,
Passed senate,
Resolution for redress of loyal citizens
for property seized for by usurped
government,
CLARKE, Wm. S.
Petition for relief of, for violating law
against distilling grain,
Reported inexpedient,
Report concurred in,
CLARKSON, J. N.
Joint resolution for arranging with, for
hire of slaves at salt works,
No. 100, S. B. Therefor read twice and
laid on table,
CLERKS OF COURTS.
Petition of, for increase of fees and
allowances,
Resolution for granting annual sala¬
ries to,
No. 42, S. B. Increasing compensation;
read first time, (Code amended,)
Read second time and laid on table,
Engrossed.
Passed senate—title amended,
Passed house with amendments, and
recommitted,
Reported with amendment to house
amendment and passed senate,
Senate amendment agreed to by
house, 140-41
No. 43,*S.B. Amending Code so as to
increase compensation of; read first
time, _ 103
90
140
06
41
55
103
113
115
117
135
138
Read second time and engrossed, 113
Passed senate, 114
Passed house with amendments, 132
Amendments of house concurred in by
senate, 133
No. 44, S. B. Amending Code so as to
increase allowances to; read first
time, 103
Read second time and engrossed, 113
Passed senate, • 115
No. 88, S. B. To increase compensa¬
tion of, for circuit court of Rich¬
mond; read first time, 176
Read second time and engrossed, 181
Passed senate, 187
Passed house, 225
CLERK OF SENATE.
Report of committee to examine office, 122
Concurred in, 131
Resolution of thanks to, 228
CLINCH RIVER.
No. 115, H. B. Making lawful fence
through Scott county, 166
Twice read and referred, 167
Reported without amendment, 182
Passed senate, 193
CODE OF VIRGINIA.
Resolution to amend 4th sec. chap. 200
in regard to punishments of free
negroes, 41
No. 8, S. B. Therefor; read first time, 46
Read second time and laid on table, 50
No. 3, S. B. To amend 11th sec. chap.
14, as to pay of members Of assem¬
bly; read firsttime, 42
Read second time and engrossed, 45
Read third time, laid on table and
made order of day, 47
See Members of Assembly.
No. 4, S. B. Amending sects. 6 and 7
chap. 14, as to salaries of judges;
read first, time, • 43
Read second time and laid on table, 43
No. 16, S. B. To amend 3d sec. chap.
7, in relation to the election of at¬
torneys for the commonwealth for
cities and towns ; read first time, 54
Read second time and engross.ed, 5a
Read third time and^aid on table, 71
Amendment proposed and laid on
table, 72
Amended and passed senate, 73
Resolution to amend 9th sec. chap. 104,
in relation to harboring slaves, 45
No. 15, S. B. Therefor; read first time, 54
Read second time and engrossed, 59
Taken up, engrossment reconsidered
and laid on table, 73-74
Amended and engrossed, 75
Reconsidered, amendment rejected, bill
engrossed, 7^
Passed senate, 80
Passed house with amendment—con¬
curred in by senate, 95
No. 20, S. B. Amending chap. 213, re-
INLEXo
5'
organizing the penitentiary; read
first time, 57
Read second time and engrossed, 59
Bead third time and laid on table, 72
No. 6, H. B. Amending 13th sec. chap.
34, concerning Virginia military in¬
stitute ; twice read and referred, 73
Reported without amendment and
passed senate, 75
Np. 25, S. B. Amending 7th sec. chap.
165, as to compensation of attorneys
of commonwealth ; read first time, 76
Read second time, amended and laid
on table, 84
No. 1, H. B. Amending chap. 213, re¬
organizing penitentiary ; read and
referred, 77
Resolution to amend 17th sec. chap.
132, as to fiduciaries' accounts, • 80
No. 36, S. B. Amending 15th sec. chap.
45, so as to limit time for presenting
claims against the commonwealth ;
read first time, 89
Read second time, amended and en¬
grossed, 92
Reconsidered, amended and engrossed, 94
Passed senate, 97
No. 20, H. B. Amending 7th sec. chap.
165, as to pay of attorneys for com¬
monwealth ; twice read and referred, 90
Reported with amendments and passed
senate,. 96
Amendments of senate' agreed to by
house, 137
Resolution to amend chap. 210, in re¬
lation to free negro convicts hired
on public works, 101
No. 53, S. B. Therefor, (amending 1st
sec. chap. 214), . 123
Read first time, 126
Read second time and.engrossed, 141
Passed senate, 143
Passed house, 160
No. 42, S. B. Amending 10th sec. chap.
184, increasing compensation of
clerks of courts ; read first time, 103
Read second time and laid on tabfe, 113
Engrossed, 115
Passed senate—title amended, 117
Passed house with amendments and
recommitted, 135
Reported with amendment to house
amendment and passed senate, 138
Senate amendment agreed to by
house, 140-41
No. 43, S. B. Amending 31st and 32d
sees. chap. 184, so as to increase the
compensation of clerks of courts;
read first time, 103
Read second time and engrossed, 113
Passed senate, 114
Passed house with amendments, 132
Amendments of house concurred in
by senate, 133
No. 44, S. B. Amending 100th sec. chap.
35, so as to increase allowances to
clerks; read first time, 103
Read second time and engrossed, 113
Passed senate, 115
Resolution to amend 167th chapter, in
relation to order of publication, 108
No. 51, S. B. Amending 11th and 12th
sects, chap. 170 therefor; read first
time, 119
Read second time and engrossed, 131
Passed senate, 134
Resolution to amend 11th sec. chap.
199, so as to extend time of com¬
mencing proceedings for misde-
. meanors, 112
Resolution to amend 5th sec. chap. 192,
in relation to fines for offences against
property, 112
No. 54, S. B. To amend sec. 44 chap.
49 increasing allowances to sheriffs
and sergeants, 123
Read first time, 126
Read second time, amended and en¬
grossed, 141
Passed senate, 143
Passed house with amendment—con¬
curred in by senate, 160
No. 55, S. B. Amending sects. 13, 33,
34 and 36 chap. 184, to increase fees
of sheriffs and sergeants, 123
Read first time, 126
Read second time, amended, motion to
reconsider amendment, tabled, 145
Amended and engrossed, 153
Amended and passed senate, 158
Passed house, 225
No. 57, S. B. To amend 54th sec. chap.
61, in relation to transfer of roads
to counties, 124
R^ad first time, 126
Read second time and engrossed, 141
Passed senate, * 144
Resolution foradoptingeditionofl860, 124
No. 66, S. B. To amend sec. 30 chap.
182, in relation to docketing causes
in western court of appeals; read first
time, 133
Read second time apd engrossed, 145
Resolution to amend 12th sec. chap.
77, in relation to land held by church¬
es, 116
No. 68, S. B.' Therefor; read first time, 136
Read second time and engrossed, 159
Read third time, amended and passed
senate, 160
Passed house, 225
No. 73, S. B. To amend chap. 38, in
relation to taxes on licenses; read
first time, 141
Read second time and laid on table, 161
Taken up and made order of day, 163
Amended and made order of day, 165
No. 35, H. B. Amending sec. 10 chap.
170, in relation to order of publica¬
tion ; twice read and referred, 148
6
INDEX.
Reported without amendment, 152
Passed senate—title amended, 159
Senate amendment agreed to by house, 163
No. 36, H. B. Amending 5th sec. chap
184, increasing fees of commission¬
ers in chancery, 148
Twice read and referred, 149
Reported without amendment, 152
Passed senate—title amended, 159
Senate amendment agreed to by house, 163
No. *79, S. B. To amend 15th sec. chap.
14, so as to increase salary of print¬
er to senate ; read first-time, 165
Read second time and engrossed, 168
Passed senate, 111
No. 133, H. B. To amend 32d sec. chap.
158, in relation to special terms of
circuit courts, 166
Twice read and referred, 167
No. 153, H.B. Amending 11th sec. chap.
208, concerning jurors in criminal
cases, • 166
Twice read and referred, 167
Reported without amendment, 206
Passed senate, 226
No. 142, H. B. To repeal sec. 8 and
amend sec. 9 chap. 85, so as to dis¬
pense with a treasurer at Central
lunatic asylum; read three times and
passed senate, 182
No. 96, S. B. Amending 5th sec. chap.
53, in relation to county levies; read
twice and engrossed, 186-7
Read third time, 192
Passed senate, ' 193
Passed house, 200
No. 99, S. B. To amend 8th sec. chap.
109, in relation to divorces; read
first time, 193
No. 106, H. B. To sanction edition of a
1860; communicated, 210
Twice read and laid on table, 213
No. 139, H. B. To amend 2d sec. chap.
7, relating to election of judges;
communicated, 210
Read three times and passed senate, 213
No. 139, II. B. To amend 2d sec. chap.
12, in relation to collectors of taxes
and commissioners of revenue, 210
Read twice and amended—passed sen¬
ate, 213-14
No. 65, II. B. To amend 21st sec. chap.
66, in regard to appointments of di¬
rectors and proxies by the board of
public works; read twice and laid
on table, 214
Fassed senate, 228
No. 112, H. B. To amend sec. 48 chap.
85, increasing allowance for clothing
of lunatics in jail; communicated, 221
Passed senate, 223
No. 60, II. B. Amending sec. 59 chap.
87, in relation to inspectors of to¬
bacco, 225
Passed senate, 227
No. 62, H. B. Amending 6th sec. chap.
98, concerning patrols, 225
Passed senate, 227'
COLLECTORS.
No. 139, H. B. To authorize their em¬
ployment by confederate government, 210
Read twice and amended—passed sen¬
ate, 212-13
Senate amendment agreed to by house, 224
COLLEGES.
Resolution for enlarging salaries of
processors, &c., 91
Amended and adopted, 92'
COMBINATIONS.
Resolution to suppress those, prevent¬
ing persons from apprenticing them¬
selves to trades, 41
No. 28, S. B. Therefor; read first time, 81'
Read second time and engrossed, 84
Read third time and laid on table, 85
Passed senate, 134
COMMISSARY DEPARTMENT.
Resolution for relieving incumbents in
under 45 years of age, 87
COMMISSARY STORES.
Resolution for adequate penalties for
frauds by persons purchasing, 47
Committee ask to be discharged, 87-
COMMISSIONERS IN CHANCERY.
Petition of for increase of fees and al¬
lowances, 41'
Resolution for increasing compensa¬
tion, ' 112
No. 36, H. B. To amend Code so as to
increase fees of, 187-
Twice read and referred, 149
Reported without amendment, 152
Passed senate—title amended. 159'
Senate amendment agreed to by house, 163
COMMISSIONERS OF REVENUE.
Resolution for increasing compensa¬
tion of, . 39
Resolution to repeal law exempting
from military duty, 80'
Resolution- for increasing compensa-"
tion, 112
Joint resolution instructing 'to make
returns of losses in slaves, &c., dur¬
ing war; agreed to by senate, 200'
Agreed to by' house with amend¬
ment, 224-25
House amendment concurred in by sen¬
ate, 227
No. 139, H. B. To amend Code so as to
allow their employment by confede¬
rate government, 210
Read twice and amended—passed sen¬
ate, 213-J4
Amendm't of senate agreed to by bouse, 224
COMMITTEES.
Announced, 37
On confederate relations enlarged, 47
Vacancy in on library filled, 50
On finance and on privileges and elec¬
tions enlarged, 79
INDEX.
7
For courts of justice enlarged, 117-18
On privileges and elections increased, 119
Mr. Tayloe appointed on banks, 138
Report of on privileges and elections, 139
Concurred in, • ■ 153
Report of on office of auditor of pub¬
lic accounts, 1
Laid on table, . 131
Report of on second auditor's office, 147-48
Laid on table,> 159
Joint on conscription law enlarged—
agreed to by house, 184
COMMONWEALTH.
Resolution of enquiry as to amount of
funds to credit of, now on hand, and
of amount due from the unpaid reve-
* nue of 1863, . . ^
Report of auditor printed, Bdc. No. 8, 90
Resolution for limiting time for pre¬
senting claims against, 81
No. 36, S. R. Therefor; read first time, 89
Read second time, amended and en¬
grossed, • 92
Reconsidered, amended and engrossed, 94
Passed senate, 97
Resolution as to amount of debts due, 94
Committee ask discharge, 100
Report of committee concurred in, ' 105
Resolution of enquiry as to expenses
of for fiscal year 1864-5, 149
COMMONWEALTH'S ATTORNEYS.
See Attorneys for Commonwealth.
COMMUTATION.
Notice of resolution for bill as to pay
of members of assembly, . • 3
Resolution for reporting bill referred, 38
No. 3, S. B. To amend Code in relation
to pay of members of the general'
assembly ; read first time, 42
Read second time and engrossed, 45
Read third time and made order of
day, 47
Engrossment reconsidered and substi¬
tute submitted
51
Amendments proposed and substitute
adopted, 52
Passed house* 53
CONFEDERATE BONDS.
No. 82, S. B. Authorizing funding cer¬
tain currency in ; read first time, 167
Read second time, amended and en¬
grossed, 181
Read third time and passed senate, 184
CONFEDERATE GOVERNMENT.
Resolution referring governor's mes¬
sage in regard to slaves impressed by,- 41
Report of committee printed, 106-107
First resolution of committee adopted,
second rejected, 113
First resolution reconsidered, amended
and adopted, 115
Substitute proposed by house ; laid- on
table, • 120
No. 17, S. B. Allowing to told land for
mining and manufacturing; referred, 56
2
House resolution for return of bill of *
extra session authorizing, to hold
real estate for mining purposes, No.
87 ; agreed to, 74'
CONFEDERATE STATES ARMY.
See Army and Navy.
CONFEDERATE STATES CONSTITU¬
TION.
Joint resolution for printing with acts
of assembly rejected, 135
CONFEDERATE STATES PORCELAIN
COMPANY.
No. 89, S. B. To incorporate; twice
read and engrossed, • Ifld
Passed senate, 184
Passed house, 188
CONFEDERATE STATES SENATOR.
Resolution as to duty of general assem¬
bly to elect at present session, 127—28'
CONFEDERATE STATES TREASURY
• NOTES.
No. 76, S. B. Authorizing receipt of,
&c., for taxes ; read first time, 157
Read second time and laid on table, 168
Amended and engrossed, 169'
Passed senate, 176
Passed with amendment; first amend¬
ment agreed to ; laid on table, 183
Second amendment of house agreed
to by senqtb, - 184
No. 82, S. B. Authorizing funding of,
in bonds, &c., read first time, 167
CONFISCATION.
Resolution for, of the property of alien
enemies, &c., for reimbursing loyal
citizens, » 1,13:
Resolution as to, of estates of con¬
scripts abandoning the state, 137
See Sequestration.
CONSCRIPTION.
No. 23, S. B. To aid, in confederate
armies; referred, ' 74
Joint resolution adverse to extending
act to persons from 16 to 55; re¬
ferred, 88
Reported with modification and adopt¬
ed by senate, 100
Preamble and joint resolution for a
law declaratory of meaning of 10th
section of act; referred-, 91
Committee discharged, 96
Joint resolution declaring militia offi¬
cers liable to ; adopted by senate,' 98
Resolution for printing act for use of
senate, 150'
House joint resolution for committee
to consider act as affecting state offi¬
cers ; agreed to, 151
Committee appointed, 152
Resolution requiring governor to de¬
mand certain exemptions from law ;
referred, 156:
Preamble and resolutions in relation
to, as affects officers of government, 162
Committee authorized to print report, 174
8
INDEX.
Rd^ort of joint committee on, of state
officers, 189
Taken up and considered, 207 to 209
Laid on table, 210
Further proceedings and resolutions
adopted by senate, 217 to 221
Agreed to by house, 225
CONSCRIPT LAW.
See Conscription.
CONSCRIPTS.
Resolution as to confiscating estates
of, who have abandoned the state, 137
Joint resolution in relation to treat¬
ment at Camp Lee, 156
CONTESTED ELECTIONS.
Petition of J. M. Taliaferro in regard
to 23d district; referred, 118
Report of committee laid on table and
printed, Doc. No. 15, 133
Concurred in, 153
CONVICTS.-
Resolution to amend Code so as to ap¬
ply penalties to free negro, hired on
public works, . 101
No. 53, S. B. Therefor, 123
Read first time, 126
Read second time and engrossed, 141
Passed senate, 143
Communication from governor in re¬
lation to hire of negro, 106
See Free Negroes.
Bibb, R. F. § D. C.
COOK, Mana.
Petition for release of fine ; referred, 126
CORPORATIONS.
Now 16, H. B.« Authorizing, to pay in¬
debtedness to commonwealth ; read
and referred, 79
Reported with an amendment and
passed senate. 90
COTTON.
Resolution- for an appropriation to buy
for distribution, 84
No. 64, S. B.-Therefor; read first time, 127
Read second time and.laid on table, 159
Taken up and considered, 163
Further proceedings and bill referred, 165
Reported without amendment, 182
Read second time and engrossed, 194
Read third time and blank filled, . 200
Further proceedings and bill passed
senate, 201
Passed house with amendments, 206-7
Some amendments of house agreed to
and others disagreed to, 212
House agree to senate amendment and
recede from their amendment, 221
Resolution for agreement with con¬
federate government for supply of •
yarns and cloths for families of sol¬
diers, 86
COTTON CLOTHS AND YARNS.
See Cotton.
COUNTY AND CORPORATION BONDS.
Resolution to authorize sale of, by
courts, payable at a certain subse-
quent date, . .
No. 97, S. B. Therefor; read first time, 190
Read second time and engrossed, 204
Motion to take up, 212
Passed senate and house, 226
Resolution to provide tor manner of
transferring, 161
COUNTY LEVIES.
Resolution as to legislation in rela¬
tion to, 181
No. 96, S. B. Therefor; read twice and
engrossed, 186-87
Read third time, 192
Passed senate, 193
Passed house, 200
• COUNTY OFFICERS.
Resolution to provide for voting for,
by soldiers and refugees, 84
Resolution to amend act providing for
voting by soldiers, so as to provide
for filling vacancies in, 86.
COURT OB APPEALS.
No. 4, S. B. Amending Code in relation
to salaries of the judges of; read
first time, 43
Read second time and laid on table, 48
Resolution as to place of holding next
regular session for the western sec¬
tion, 43
No. 28, S. B. Amending act in relation
to places of holding sessions; re¬
ferred, 77
Reported without amendment and read
first time, . . 167
Read second time aiid engrossed, 180
Read third time and laid on table, 187
Passed senate, 189
Passed house, 200
Resolution to suspend election of judg¬
es of, during the war, 116-17
Resolution to amend law in relation
to cause on docket of western dis¬
trict, < 131
No. 66, S. B. Therefor, read first time, 133
Read second time and engrossed, 145
Read third time and passed senate. 154
Resolution for printing opinion of, in
case of Abrams vs. Peyton, &c., for
use of senate; adopted, 214
COVINGTON AND OHIO RAILROAD.
No. 30, H. B. To provide for comple¬
tion, &c.; read twice and referred, 185
Reported without amendment, 189
Read third time and laid on table, 194
Unsuccessful motion to take up, 204
Laid on table, 207
CRIMES.
Resolution for increasing penalties for, 47
CURRENCY.
Resolution for prohibiting the circula¬
tion of United States bills or notes
as, 59
Resolution as to legislation in conse¬
quence of recent acts of congress 145
index.
9
Resolution for printing act of congress
for use of senate, ICO
No. 82, S. B. For funding certain, in
confederate bonds; read first time, 1G7
Read second time, amended and en¬
grossed, • 181
Read third time and passed senate, 184
Passed house, ■ 188
DAHLGREEN, Colonel U.
House joint resolution to embody re¬
ference to his raid in address to sol¬
diers, .201
Concurred in by senate, 205
House joint resolution for perpetuating
testimony in case of; agreed to by
senate, 205
House joint-resolution in relation to
defence of Richmond against his
raid; referred, 224
DANVILLE.
Resolution for amending act changing
time of holding circuit court in, 43
No. 14, S. B. Extending jurisdiction
of circuit court; read first time, 54
Read second time, amended and en¬
grossed, 58
Passed senate, 59
Passed house with amendment—Con¬
curred in by senate, 109
Clerical error in bill corrected, 227-28
Resolution for exempting common
council from -military service, 110
No. 68, H. B. Authorizing common
council to acquire lands in Pittsyl¬
vania; read three times and passed
senate, 142
DAVIS, Madison J.
No. 98, H. B. For relief of personal
representatives, 148
Read twice and referred, 149
Reported without amendment, 152
Passed senate, 154-55
DEA*1, DUMB AND BLIND INSTITUTION.
Leave to withdraw memorial of trus¬
tees'from files, and referred, 50
Resolution for suspending during the
war, 51
Communication from ' principal re-
.ferred, 56
DEBTS.
Resolution as to amount of, due the
commonwealth, 94
Committee ask discharge, 100
Report of committee concurred in, 105
Resolution for forfeiting when en¬
forced by process in usurped gov¬
ernments, 124
DECISIONS OF CHAIR.
Appeal from, on bill for relief of Geo.-
J. Arnold, • 229
DEEDS.
Resolution to authorize admission to
record on proof of handwriting of
witnesses in certain cases; referred, 38
No. 5, S. B. Therefor, read 1st time, .43
DESERTERS.
No. 6, S. B. Amending act authorizing
arrest of, by civil officers ; read first
* time, 43
Read 2d time, engrossed and passed
senate, 48
Passed house, ' 89
' DETAILED SOLDIERS.
Resolution for supplying place of,
with state militia, as provost guards,
&c., _ . 87
No. 65," H. B. To amend Code in re¬
gard to appointments of, by board
of public works; read twice and
laid on table, ' ' 214
Passed senate, 228
DISABLED SOLDIERS.
See Soldiers and Sailors.
DISCHARGES.
Joint resolution in relation to, of
wounded or diseased officers and
privates ; laid on table, ' 44
DISTILLERY.
Resolution for authorizing, by C. S.
purveyor for use of his department, 40
Resolution for amending act.for sup¬
pressing, 150
DIVORCES.
No. 99, S. B. To amend Code in rela¬
tion to ; read first time, 193
DIXIE BOYS.
No. 140, H. B. Authorizing payment
of; communicated; 1 221
Passed senate, 223
DOCKET.
Resolution to amend law in relation to
causes on, in western court of ap¬
peals, 131
No. 66, S. B. Therefor, read first time, 133
Read second time and engrossed, 145
Read third time and passed senate, 154
DOMESTIC MANUFACTURES.
See Manufactures.
DOUGLAS, William R. C.
Resolution for pay as steward of East¬
ern lunatic asylum, 48
No. 27, S. B. Therefor, read first time, 79
Read second time and engrossed, 84
Passed senate, 85
Passed house, 95
DRINKING HOUSES.
Report of grand jury of hustings coflrt
of Richmond relative,to; referred
to select committee, 169
See Ordinances.
DUNN, Lee A.
Resolution to report bill of extra ses¬
sion for relief of, 41
No. 29, S. B. Therefor, read first time, 83
Read second time and engrossed, 85
Passed senate, 85
Passed house, 92
10
INDEX.
EASTERN LUNATIC ASYLUM.
No. 4, H. B. Abolishing board of direc¬
tors; read and referred, 79
Reported without amendment and laid
on table, " 85
ECHOLS, Brigadier-general. '
Resolution of thanks to, 155
Referred, 161
ELECTIONS.
Resolution to amend law so as to al¬
low soldiers to vote for county offi¬
cers, 103
Joint resolution to amend law fixing
time for certifying; amended and
adopted, 112
Agreed to by house, 115
Report of committee on privileges and, 139
See Contested Elections.
Writ? of.
Special Elections.
No. 70, S. B. To amend act prescribing
mode of certifying; read first time
and referred, . 139
ELIZABETH CITY.
No. 34, H. B. Providing for preserva¬
tion of records of; read and referred, 111
Reported without amendment and
passed senate, 119
EMANCIPATION.
Resolution to repeal'law in relation to,
by will, 41
EMPLOYEES.
Resolution to prevent unlawful trading
by, on .boats, 41
ENCLOSURES.
No. 171, H. B. To prevent destruction
• of, on highways; communicated, 210
Read three times and passed senate, 212
ENGLEMAN, Peter.
No. 90, H. B. Refunding license tax ;
communicated, 210
Read three times and passed senate, 213
ENROLLMENT.
No. 10, S. B. For, of certain persons ;
read first time, 48
Read second time, 53
Read third time, blanks filled and
passed senate, 55
EVENING SESSION.
Resolution'for holding,- laid on table, 174
Unsuccessful motion to take up, 181
EVIDENCE.
No. 12, S. B. To prescribe rule of, in
criminal'cases; read first time and
referl-ed, 5
EXAMINING COURTS.,
Resolution for dispensing with, in
Richmond city in cases of l'elo-
ny, 47
EXECUTIVE DEPARTMENT.
Joint resolutions as to abuses in, 48-9
Considered and rejected, 50
EXECUTIVE EXPENDITURES.
Report of committee on ; laid on table
and printed. Doc. No. 13, 115
EXECUTIVE SESSIONS.
Senate resolved into, in case of nomi¬
nation of colonel of ordnance, 40
EXEMPTIONS.
Joint resolution as to fixed method
for, by confederate government; laid
on table, 44
Resolution as to rights of those who
have put in substitutes, " 44
Resolution for enlarging law so as to /
include deputy sheriffs and clerks, 72
Resolution for exempting from taxation .
non-commissioned officers.-in army, 73
Resolution to repeal law of, as to jus¬
tices and commissioners of revenue
and militia officers, • 80
Resolution for amending laws of, 87
Resolution as to what legislation is ne¬
cessary in regard to, 94
Resolution for, of common council of
Danville, 110
Resolution for recommending persons
necessary for state government, 144
Resolution requiring governor to de¬
mand certain; referred to joint com¬
mittee, 156
EXPENSES OF COMMONWEALTH.
See Commonwealth.
• EXTORTION.
Resolution referring governor's mes¬
sage in relation to, 59
EXPRESS COMPANIES.
Leave granted to withdraw papers in
relation to charges of, from files, 73
FALSE PRETENCES.
No. 31, S. B. To amend act for punish¬
ing persons impressingor purchasing
under, ' 84
FARMERS & MECHANICS INSURANCE
COMPANY OF RICHMOND.
No. 80, S. B. To amend charter; read
first time, ' 166
Read second time and engrossed, 168
Passed senate, 171
Passed house, 178
FELONY.
Resolution for dispensing with ex¬
amining courts ift cases of, in Rich¬
mond city, • 47
FENCE LAW.
Memorial of justices of King William
asking authority for court to recon¬
sider its action on; referred, 170
No. 159, II. B. Amending act to repeal,
communicated, 185
Read three times ami passed senate, 186
FIDUCIARIES. ■
No. 27, S.B.To amend law authorizing,
to invest funds in certain cases; re¬
ferred, 76-77
Reported with amendment and read
first time, 167
Read second time, amendments of com-,
mittco adopted and bill engrossed", 180
INDEX.
11
Passed senate, reconsidered, amended
and engrossed, # 185
Read third time and passed senate, 188
Resolution to amend Code as to settle¬
ment of accounts of, 8
Reported inexpedient, and report con¬
curred in, 103
Resolution for amending law authori¬
zing, to invest funds in confederate
bonds, so as to require application *
in writing with affidavit, 110-11
No. 40, H. B. Authorizing settlement
of accounts before other commis¬
sioners than of courts wherein their-
appointment is recorded ;. twice
read and referred, 148
Reported without amendment, 152
Read third time and laid on table, . 155
Amended by consent and laid on table, 157
Third reading reconsidered—amend¬
ment offered, 162
Laid on table, 163
Amendment withdrawn—bill further
amended and passed senate, 164-65
Resolution authorizing confederate
tax to be charged on principal in
certain cases, • 161
FINES.
Resolution for increase of, against cer¬
tain offenders, i 45
Resolution to amend Code so as to fix
a maximum and minimum for cer¬
tain offences, 112
FISHER, Myers W.
Petition of, in relation to illegal im¬
pressments, 84
Committee discharged, ' 86
FLYING SHUTTLE.
See Machinery.
FORBES, John M.
Petition of, in reference to memorial
of Myers W. Fisher, 87
Committee discharged, 9-6
FORBES, William W,
Petition of, for refunding damages to
him, # 166
No.'91, S. B. Therefor, 182
FORTIFICATIONS.
Resolution referring governor's mes¬
sage as to slayes impressed to work
on, 41
Report of committee printed, 106-7
First resolution amended and adopt¬
ed!—second rejected, . 113
Resolution as to recent requisition for
slaves to work on, 83
Joint resolution for obtaining release
of slaves from work on, 146
Amended and adopted by senate,- 147
Communication from governor in re¬
lation to slave labor on, laid on table, 157
FRAUDS.
Resolution providing for adequatepdn-
alties for, by persons purchasing
stores as agents qf the government, 47
Committee ask to be discharged, 87
FREE NEGROES.
Resolution to amend Code in relation
to punishment of, 41
No. 8, S. B. Therefor, read first time, 46
Read second time and laid on table, 50
Resolution to prevent the kidnapping
of, 41
Resolution as to what legislation is
necessary in relation to, 75
No. 9, S. B. To provide for employing
in public service those convicted of
misdemeanors; read first time and
referred, 46
Reported, read second time and en- ■
■ grossed, 54
Passed senate, 57
Passed house with amendments, ' 92
Second amendment of house disa¬
greed to, 93
Resolution to amend chapter 214 of
Code, so as to apply its penalties to
convicts hired upon public works, 101
No. 53, S. B. Therefor, 123
Read first time, t 126
Read second time and engrossed, 141
Passed senate, • 143
Passed Eouse, 160
Petition of James Mercer to be en¬
slaved; referred, • 137
House joint resolution in relation to
employment of, and agreed to by
Qpn a + 174.
FREIGHT AND TRAVEL.
Resolution in regard to charges for on
railroads, 51
No. 17, H. B Regulating transporta¬
tion of, on certain railroads; read x
and referred, 111
Adverse report, 123
Printed, 127
Taken up and laid on table, 154
FUNDS.
Resolution of enquiry as to amount of,
to credit of commonwealth, 86
Report of auditor printed. Doc. No. 8, 90
No. 69, S. B. To provide, abroad for
use of state; engrossment recon¬
sidered and laid on table, 158
Proceedings on—laid on table, 168-9
Substitute submitted and engrossed, 172
Further proceedings and bill reject¬
ed, 175-6
Reconsidered and laid on table, 180
Laid on table, 189
GAMING.
Resolution for revising act suppress¬
ing, , 138
No. 34, S. B. Therefor, 146
Read first time, 159
Read second time, amended and en¬
grossed, 161
Read third time and passed senate, 165
Passed house, 225
12
INDEX.
GENERAL AGENTS AND STORE¬
KEEPERS.
See Agents.
GENERAL ASSEMBLY.
Resolution for changing time of regu¬
lar meetings of, 44
Resolution for. adjournment of; laid
on table, 42
Taken up and laid on table, 45
Resolution for recess of; adopted by
senate, " 46
Agreed to by house, 48
Messages for recess interchanged; CO
Joint resolution for recess of, from
February to 14th May, 99
Resolution for amending laws in re¬
gard to time of returning special
•elections to, ' 110
No. 70, S. B. Amending law for ascer¬
taining, &c., elections of members;
read first time and referred, 139
Joint resolution requesting governor"
to convene, in January 1865, 112
, House joint resolution for convening;
amended and adopted, 173
Amendment of senate agreed to by
house, • 174
Joint resolution for extending session;
considered, rejected, reconsidered and
laid on table, . 192
Adopted by senate, ' 194
Agreed to by house, 198
House preamble and resolution ex-
' pressing sense of, in regard to the
devotion of citizens of Virginia in
enemy's lines to southern freedom;
laid on table and made order of day, 224
See Members of Assembly.
GEORGIA.
Resolutions of legislature of, in rela¬
tion to prosecution of war; commu¬
nicated and referred, 75-6
GILLETT, Joseph E.
No. 98, H. B. For relief of personal
representatives, • 148
Twice read and referred, 149
Reported without amendment, 152
Passed senate, 154-5
GOLD AND SILVER.
Resolution to prevent traffic in, during
war, 55
GOVERNOR.
Resolution to inform, of a quorum of
senate, 3
Committee to wait on, and their report, 4
Message, 4 to 30
Motion to lay on table and print 1000
extra copies, 30
Modified and adopted, . 38
Response of, to resolution in relation
to removal of. machinery from ar¬
mory. Doc. No. 3, 42
Resolution as to rank, &c., of United
States officers transferred to Con¬
federate States by state, 42
Response of, to resolution, Doc. No. 4, 47
House joint Resolution for committee
to inform, of his election, agreed to¬
by senate, 46
Report of committee, 54
Communication enclosing communi¬
cation from principal of deaf and
dumb and blind institution; referred, 56
Communication in relation to re¬
prieves and pardon, Doc. No. 5, 57
Inaugural address of, 61 to 71
Laid on table and printed, 71-
Communication enclosing resolutions
of Georgia ; referred, 75-6
Communication from, in relation to F.
A. Winston, Floyd county, charged
with uttering disloyal-sentiments ;
referred to select committee, 88
Communication from, in relation to
trust fund of Cherokee Indians, 98
Communication in relation to organi¬
zing reserved forces; printed. Doc.
, No. 10, 99
Communication in relation to accom¬
modations of public guarcl, 104
Communication from, in reference to
hire of negro convicts, 108
Communication fiom, in relation to
slave labor on fortifications; laid
on table, 157
GOVERNOR ELECT.
See Governor.
GRAHAM, Joseph J.
Qualified as senator from 41st district, 72
GRICE, George W.
Qualified as senator from 3d district, 3
GUARDS. •
Resolution for transferring, of bridges
from detailed soldiers to militia, 87
HABEAS CORFUS.
Resolutions as to what legislation is
necessary to preserve writ of, 82
Resolutions as to-constitutional com¬
petency of congress to suspend, 82
HAND CARDS.
Resolutions for appropriation to buy
for distribution, 84
No. 64, S. B. Therefor, read first time, 127
Read 2d time and laid on table, 159
Taken up—motion to amend, 163
Further proceedings—bill referred, 165
Reported without amendment, 182
Read 2d'time and engrossed, 194
Read 3d time and blank filled, 200
Further proceedings and bill passed
senate, 201
HARDY COAL MINING CO.
No. 132, H. B. To incorporate, 166
Twice read and referred, ' 167
Reported without amendment, 182
Passed senate, 193
IIEISKELL, John C.
Resolution for releasing from damages, .
&c., for failing to pay license taxes in
1861, 40
INDEX.
IS
No. 83, S.' B. Therefor, read 1st time, 167
Read 2d time, amended and engrossed 172
Passed senate, ' 174-5
hnncp 1
HENRICO COUNTY MANUFACTURING
COMPANY.
No. 148, H. B. Incorporating, 166
Twice read and referred, 167
Reported without amendment, 182
Passed senate, 193
HILLSBORO' & CINCINNATI R. R. CO.
Joint resolution authorizing sale of
lost
bonds, owned by state,
Taken up and adopted by senate,
. • HODGES, Wm. H. H.
Senate joint resolution in relation to
arrest of, agreed to by senate,
Agree.d to by house,
HOME GUARD.
Resolution referring governor's mes¬
sage relating to,
HORSES.
House joint resolution to pay for,
in battle—agreed to by sehate,
HOUR OF MEETING.
Resolutions to change,
Resolutions to change rejected,
Changed to 10 o'clock,
HOUSE OF DELEGATES.
Message from, informing senate of its
organization,
HUNDLEY, Thos. M.
Resolution for compensating for servi¬
ces as commissioner for revenue,
No. 84, S<fB. Therefor, read 1st time
and referred,
Reported without amendment, read 2d
time and engrossed,
Passed senate,
Passed house with amendment,
Amendment of house concurred in by
senate,
HUNTER, Andrew.
Qualified as senator from Berkeley,
Appointed on committee for courts,
HUSTINGS COURT OF RICHMOND
Report of grand jury of, in relation to
drinking houses, referred to select
committee,
No. 92, S. B. To prohibit licenses at
certain places in state,
178
179
206
214
57
157
173-77
221
37
72
170
172
175
225
227
116
118
169
183
IMPRESSMENTS.
Resolution to amend act for relief of
indigent soldiers in regard to, 44-5
No. 31, S. B. To amend the act to pun¬
ish persons falsely representing
themselves as agents, 84
Resolutions in relation to illegal, at
salt works, _ 84-5
House joint resolution in relation to,
• referred, • 95
Reported with amendments and laid
on table, 103
Resolutions referring governor's mes-
115
120
183
194
39
41
sage in relation to, of slaves—re¬
ferred, 41
Report of committee—print&d, 106-7
First resolution adopted—2d rejected, 113
Reconsidered, amended.and adopted,
Substitute proposed by house and laid
on table, •
No. 93, S. B. Authorizing, of salt
wells, furnaces, &c., read 1st time,
Read 2d time and laid on table,
INDIANS.
Communication from'governor in re¬
lation to interest on bonds held in
trust by United States for sChero-
kees, referred, 93-4
No. 41, S. B. Therefor, 100
Read 1st time, 105
Read 2d time and engrossed, 113
Passed senate, 114
Passed house, 127
INDIGENT SOLDIERS & SAILORS.
Resolution to amend act for relief of >
families of,
Resolution to amend act so as to pre¬
vent others from purchasing from
agents at reduced prices,
Resolution to amend a#t in relation to
impressments under, 44-5
IN GRAHAM, A. G.
No. 70, H. B. For relief of, read three
times and passed senate,
INSPECTORS.
Resolution for exempting from mili¬
tary service,
See Tobacco.
INTEREST.
Resolutions for limiting time for pre¬
senting warrants for, on state bonds, 81
No. 35, S. B. Therefor, read 1st time, 89
Amended and laid on table,
Amendment withdrawn,
Another amendment adopted and mo¬
tion to strike out 1st section pend-
ing,
Pending amendment rejected and bill
laid on table,
Communication from governor in rela¬
tion to, on bonds held in trust for
the Cherokee Indians—referred, 93-4
INTERNAL IMPROVEMENT CO'S.
Resolutions repealing appropriations
to unorganized,
No. 61, S. B. Suspending payment of
state subscription to, read 1st time,
Read 2d time and engrossed,
Read 3d time and passed-senate,
Passed house,
IRON. •
Resolutions for additional forces for
protection of manufactories of,in S.
W. Va.,
178
81
92
94
95
97
80
125
145
153
163
90
JAILORS.
No. 72, S. B."Concerning fees of, read
1st time,
141
14
INDEX.
Read 2d time, amended and engrossed, 159
Passed senate, • 160
Passed house, 174
JAMES CITY.
Resolutions for preserving records and
papers of county court, 84
No. 34, H. B. Providing* for .preserva¬
tion of records of, read and'referred, 111
Reported without amendment and
passed senate, 119
JAMES RIVER & KANAWHA CO.
No. 18, H. B. Authorizing to regulate
charges by boats and using works, 221
Amended and passed senate, 223
Senate amendment agreed to by house, 227
JOHNSON, F.
Memorial of, in relation to increase of
clerks' fees, &c, referred, 117
JOURNAL OF SENATE.
Further reading of dispensed with du¬
ring session, * 30
JUDGES.
Resolution for bill increasing compen¬
sation of, 40
No. 4, S. B. Therefor, read 1st time, 43
Read 2d time and laid on table, 48
Resolution as to Unconstitutional in¬
eligibility to political office, 51
No. 60, H. B. Increasing salary of, in
13th circuit, twice read and referred, 176
No. 139, H. B. To amend Code in re¬
lation to election of—communica¬
ted, 210
Read three times and passed senate, 213
See Commutation, (S. B. No. 3.)
JUDICIAL OFFICERS.
See Judiciary.
JUDICIARY.
Resolution for tendering current pa-
1 per in lieu of salaries, 38
Resolution for bill to increase com¬
pensation of judges, 40
Resolution to amend act providing for
voting by soldiers so as to provide
for filling vacancies in, 86
No. 67, H. B. Increasing salary of 13th
circuit, twice read and referred, 176
JURORS.
No. 153, H. B. Amending Code con¬
cerning, in criminal cases, 166
Twice read and referred, 167
Reported without amendment, 206
Passed senate, 226
JUSTICES OF PEACE.
Resolution to repeal law exempting,
from military duty, 80
KIDNAPPING.
Resolution to prevent, of free negroes, 41
KING GEORGE.
See Senatorial Districts. «
KING WILLIAM.
Memorial of two justices of, in regard
to fence law, referred, ' 170
LEAVE OF ABSENCE.
Granted^Mr. Armstrong for four days, 56
Granted Mr. Graham for one week, 82
LEE COUNTY.
No. 77, S. B. Providing for holding
sessions of county court, read three
times and passed senate, 158
Passed with amendments, concurred in
by senate, 178
LIBRARY.
Adverse report of joint committee on
house resolution for extending privi¬
lege of, to the officers of congress, 111
Report concurred in, 114
Report of committee in relation to *
books purchased, &c., printed. Doc.
No. 12, • 111
LICENSES.
No. 73, S. B. Amending code in rela¬
tion to assessment of taxes on, read
1st time, 141
Read 2d time and laid on table, ■ 161
Taken up and made order of day, 163
Amended and made order of day, 165
See Ordinaries.
LIEUTENANT-GOVERNOR. '
House joint resolutions for committee
to inform, of his election, agreed to
by senate, 46
Report of committee, 54
Samuel Price, Esq., enters on duties of
office as, 60
LITERARY FUND.
No. 94, H. B. Repealing ordinance
concerning, twice read and referred, 164
LOOMS.
See JMachinery.
LOYAL CITIZENS.
Resolutions for providing redress
against acts of usurped govern¬
ment, • 90
LUNATICS.
No. 112, H. B. To amend Code so as
to increase allowance for blothing
for, in jail, 221
Passed senate, . 223
LYNCHBURG.
Resolution for increasing compensa¬
tion of attorney for commonwealth, 45
MACHINERY.
No. 62, S. B. To provide for importa¬
tion of certain; read first time, 126
Read second time and engrossed, 145
Read third time and passed senate, 154
No.-63, S. B. To furnish flying shuttle
for looms to counties; read first
time, 127
Read second time and engrossed, 145
Read third time and passed senate, 154
MAHONE, William.
Qualified as senator from Norfolk dis¬
trict, 178
MANUFACTORIES.
See Manufactures.
INDEX.
15
MANUFACTURES.
Resolution forselect committee on sub¬
ject of, 89
Report of committee. Doc. No. 14, 125
Further report of committee, ' 149
Laid on table and printed. Doc. No. 18, 161
Resolution for additional forces for
protection of, in southwestern Vir¬
ginia, 90
MANUFACTURING COMPANIES.
No. 109, H. B. Requiring, to sell to
consumers for same prices as to mer¬
chants, 221
Read three times and laid on table, 223-4
MAYO'S BRIDGE.
No. 33, H. B. Amending act regulating
tolls on; read twice and laid on
table, 148
Passed senate, . ' 152
MEDICAL DEPARTMENT.
Resolution for authorizing a distillery
of whiskey for use of, 40
MEMBERS OF ASSEMBLY.
Notice of resolution for bill to com¬
mute pay of, 3
Resolution for reporting bill; referred, 38
No. 3, S. B. To amend Code in relation
to pay of; read first time, • 42
Pead second time and engrossed, 45
Read third time, laid on table and
made order of day, 4?
Engrossment reconsidered and substi¬
tute submitted, 51
Amendments offered and substitute
adopted, 52
-Passed bouse, 53
No. 70, S. B. Amending law for ascer- *
taining, &c., elections of; read first
time and referred, 139
• MERCER, James.
Petition of, to be enslaved; referred, 137
«MILITARY AFFAIRS.
Resolution referring governor's *mes-
, sage in relation to, . j 42
Joint resolutions as to appointments
to command, • 48-49
Considered and rejected, 50
MILITARY LAW.
See Conscription.
MILITARY SERVICE.
See Military Affairs.
MILITIA.
Resolution requesting house to return
senate bill of last session to arm
and equip, 55
Returned by house, ' 58
Resolution referring governor's mes¬
sage relating to, 59
No. 22, S, B. To reorganize; referred, 73'
No. 32, S. B. To reorganize; read first
time, 84
Read second time, amended and made
order of day, 97
Proceedings on, and bill laid on
table
98-99
Further proceedings, 100-101
Further . proceedings and bill en¬
grossed, . . 102 to 104
Read third time and rider submitted, 107
Blanks filled and bill passed, 108
Joint resolution declaring officers of,
liable to conscription; adopted, 98
No. 84, H. B. Vacating'commissions of
officers; read three times and passed
senate, • 101
Reconsidered, amended and laid on
table, 104
Read third time and laid on table, 124
Passed senate, 132
Amendment of senate agreed to by-
house, ' 135
No. 141, H. B. Disbanding 179th regi-
mentaud reorganizing 19th and 1st;
readthree times,amended and passed
senate, 125
Amendment of senate agreed to by
house, ' 135
MILITIA FINES.
No. 98, S. B. Authorizing county and
corporation courts to act on; read
first time, 193
' MILITIA OFFICERS.
Resolution to repeal law exempting
from service in confederate army, 80*
Committee discharged from considera- ,
tion of same, 81
Joint resolution declaring, liable to
conscription ; adopted by senate, 98
No. 84, H. B. Vacating commissions;
read three times and passed senate, 101
Reconsidered, amended and laid on
table, ' 104
Read third time and laid on table, 124
Passed senate, 132
Amendment of senate agreed to by
house, 135
MINING AND MANUFACTURING.
No. 17, S. B. Authorizing confederate
government to hold land for; referred, 56"
House resolution for return of bill No.
87 of extra session, authorizing real
estate to be held by confederate gov¬
ernment for purposes of; agreed to, 74
MISDEMEANORS.
No. 9, S. B. To employ in public ser¬
vice free negroes convicted of; read
first time and referred, 46
Reported, read second time and en¬
grossed, ' 54
Resolution to amend Code so as to ex*-
tend time for commencing prosecu¬
tions for, 112
No. 67, S. B. Therefor, read'first time, 133
Read second time and laid on table, 145
MONTAGUE, Lieut. Gov. R. L.
Resolution of thanks to, 66
MOORE, Edwin L.
His resignation as senator from 31st
district,
16
INDES.
MORGAN, General John H.
Resolution tendering privileged seat—
report of committee thereon, *73
Introduced to senate, • 76
MORGAN, William J.
No. 165, H. B. Authorizing payment to,
for slave condemned; eommunica-
ted, - 210
Read three times and passed senate, 213
MUNITIONS OP WAR.
No. 42, H. B. Requiring transportation
of, without prepayment of fare, 148
Read three times and passed senate, 149
MURRAY, B. F.
House joint resolution in relation to;
concurred in by senate, 174
■ NATURALIZATION.
Communication from governor in re¬
lation to state laws of, Doc. No. 6, 59
NAYY.
See Army and.
■ NECESSARIES OF LIFE.
Resolutions in regard to transporta¬
tion of, on railroads, 116
NEGRO CONYICTS.
Communication from governor in rela-
tion to hire of, 106
NON-COMMISSIONED OFFICERS AND
PRIVATES.
Resolution for exempting from taxa¬
tion those in army, 73
NON-RESIDENTS.
Resolutions to amend Code so as to
dispense with order of pnblicotion
against, during the war, 108
No. 51, S. B. Therefor; read 1st time, 119
NORFOLK CITY.
See Senatorial Districts.
NOTICES.
No. 87, H. B. Prescribing mode of
serving, read three times and passed
senate, 136
OFFENCES.
Resolution for increase of fines against
certain, 45
Resolutions to amend Code so as to fix
maximum and minimum fines for, 112
No. 59, S. B. To define- and punish
certain, against state sovereignty—
referred, 124
OFFICERS.
See Army Officers.
Officers of Government.
Militia, *
OFFICERS OF GOVERNMENT.
No. 17, S. B. Allowing additional com¬
pensation to read first time, 54
Read 2d time and engrossed, 58
Read 3d time and laid on table, 59
Reconsidered, amended and engrossed, 78
Amended by consent and passed se¬
nate, 80
Passed house with amendments, 92
House amendments agreed to by se¬
nate, 98
House joint resolution for committee
to consider how far military acty
affects; agreed to by senate, 151
Committee appointed, 152
Resolutions requiring governor to de¬
mand certain exemptions; referred
to committee, 156
Preamble and resolution in relation to
exemption of; referred, 162
See Public Officers.
OFFICES.
Joint resolutions for systematizing in
executive departments, considered
and rejected, 48-9
OFFICIAL ABUSES.
Joint resolution as to exposure of, 48-9
Considered and rejected, 50
ORDINANCES.
No. t92, S. B. Prohibiting licenses in
certain places, 183
Read 2d time, 197
Amended and engrossed, ' 198
Passed senate, 226
Passed house, 227
ORDNANCE.
See Ordnance Department.
ORDNANCE DEPARTMENT.
Nomination of Colonel Shriver as Colo¬
nel of, confirmed by senate, 40
Resolution to refer resolution of extra
session in relation to condition of, 79-80
Report of committee—unsuccessful mo¬
tion to print, ' 133
Laid on table, 134
•No. 45, S. B. To abolish present and
create another, read first time, 103
Read second time and engrossed, 113
Passed senate, 115
Reconsidered and laid on table, 116
Amended and engrossed, . 118
Rejected,, reeonsidered and laid on
table^ 120
Taken up and laid on table, 135
OYER AND TERMINER.
Report of committee on communica¬
tion from governor relative to con¬
victions by, 165
Report concurred in, 168
PAGE COUNTY.
Resolutions for additional compensa¬
tion to jailor, for keeping prisoners, • 134
See Jailors.
PAGES OF SENATE.
No. 45, H. B. Providing compensation
to, twice read and amended, 139
Read 3d time and passed senate, 140
Amendments of senate agreed to by
house, • 142
PASSENGERS.
No. 17, H. B. Regulating transporta¬
tion of, on certain railroads, read
and referred, • 111
INDEX.
17
PASSPORTS.
Resolutions directing sergeant-at-arms
to apply for members and officers of
senate, 200
PATROLS.
No. 62, H. B. Amending Code concern¬
ing, 225
Passed senate, 227
PAYMASTER GENERAL.
Resolution referring governor's mes¬
sage relating to, 59
PAY OF MEMBERS OF ASSEMBLY.
See Commutation.
Members of Assembly.
PENAL LAWS.
Resolution for amending so as to in¬
crease penalties for crimes, 47
PENITENTIARY.
Resolution for bill to reorganize, 39
No. 20, S. B. Therefor, read first time, 57
Read second time and engrossed, 59
Read third time and laid on table, 72
No. 1, H. B. Amending Code and re¬
organizing, read and referred, 77
Reported with amendment, agreed to
and passed senate, 79
Senate amendment agreed to by house, 83
Resolution to amend Code so as to
apply penalties of chapter 214 to
free negro convicts hired on public
works, _ 101
No. 12, H. B. Authorizing sale of cer¬
tain slaves in, read and referred, 111
Reported without amendment, 121
Rejected, reconsidered and laid on
table, 124
Passed senate, 131
PER DIEM.
See Members of Assembly.
PETERSBURG CITY.
No. 110, H. B. To amend charter, '•ead
three times and passed senate, 142
Resolutions tfor increasing capital of
bank of, 150
No. 81, S. B. Therefor, read first time, 166
Read second time sfnd engrossed, 168
Passed senate, 172
Passed house, 174
PITTSYLVANIA.
Resolutions authorizing county court
to provide for sale of bonds, 158
POOR.
Resolutions for providing for support
of in counties occupied by enemy, 119
PORCELAIN.
See Va. Porcelain and Earthenware Co.
PORK AND BACON.
See Tax in Kind.
PORTERS OF SENATE AND HOUSE
OF DELEGATES.
No. 45, H. B. Compensating, read twice
and amended, 139
Read 3d time and passed senate, 140
Senate amendments agreed to by
house, 142
PORTSMOUTH.
Senate joint resolution as to arrest of
citizens of, adopted, 206
Agreed to by house, 214
POSSE COMITATUS.
No. 174, H. B. Authorizing sheriffs to
summon in certain cases, read three
times and passed senate, 205
PRICE, Lieutenant-governor Samuel.
Enters on duties of office, 60
Resolution of thanks to, adopted, 228
PRICES.
Resolutions for reporting bill of extra
session (No. 31,) for regulating, laid
on table, 110
PRINCE, Wm. E.
Memorial of, praying to have refunded
money improperly paid into the trea¬
sury, _ 39
No. 2. S. B. Therefor, read first time, 40
Read second time, 45
Read third time and laid on table, 47
Passed senate, 50
Passed house with amendments con¬
curred in by senate, 95
PRINTER OF SENATE.
Resolution directing to procure and
print the currency, tax and conscrip¬
tion acts of congress for senate, 150
No. 79, S. B. To amend Code so as
to increase salary of; read first time, 165
Read second time and engrossed, 168
Passed senate, 171
Passed house, 195
PRIVATE PROPERTY.
No. 171, H, B. To prevent destruction
of, on highways—communicated, 210
Read third time and passed senate, 212
PRIVATES.
See Non-commissioned officers, §c.
PROFITS.
Auditor's report of amount of revenue
from tax on, Doc. No. 2. 30
PROSECUTIONS.
Resolution to amend Code so as to ex¬
tend time for commencing, for mis¬
demeanors, . 112
No. 67, S. B. Therefor read first time, 133
PROVOST GUARDS.
Resolution for transferring duties of
to state militia, 87
PROXIES.
No. 65, H. B. To amend Code in regard
to appointments of; read twice and
laid on table, 214
Passed senate, 228
PUBLICATION.
Resolution to amend Code so as to dis¬
pense with order of, during the war, 108
No. 51, S. B. Therefor read first time, 119
Read second time and engrossed, 131
Passed senate, 134
No. 35, H. B. Amending Code insola¬
tion to ; twice read and referred, 148
Reported without amendment, 152
18
INDEX.
Passed senate ; title amended, 159
Seriate amendment agreed to by house, 163
PUBLIC DEFENCE.
Resolution for special committee tp
report bill for—committee appoint¬
ed, . 181
PUBLIC GUARD.
■Communication from governor in rela-
. tion to accommodations of, re¬
ferred, 104
Committee on general laws ask subject
to be referred to military affairs, 122
PUBLIC OFFICERS.
Joint resolution for election of, 119
Adopted by senate, 123
Agreed to by house, 125
Election of, 128 to 130
Report of joint committee on bonds of, 121
' Laid on table, 131
PUBLIC PRINTER.
House resolution to postpone election
of, amended and agreed to by senate
and house, 128
Election of, 146-147
Rouse joint resolution in relation to
accounts of, agreed to, reconsidered
and referred, 139
Rouse joint resolution authorizing au¬
ditor to settle accounts; amendment
offered—laid on table, 222
PUBLIC PROPERTY.
.Joint resolution for detailed statement
of losses of, by war; adopted by
senate, 200
PUBLIC REVENUE.
No. 179, H^B. Appropriating—com¬
municatee!; 183
•Read twice, amended and passed sen¬
ate, ( 194
Amendment of senate agreed to by
house with amendment, 201
Amendment of the house agreed to by
senate, • 204
PUBLIC SHOWS. -
Resolution for prohibiting during war, 144
QUARTERMASTER'S DEPARTMENT.
Resolution relieving from duty in, per¬
sons under 45 vears of age, 87
QUARTERMASTER STORES.
' Resolution for adequate penalties for
frauds by persons purchasing, 47
Committee asfc ;to be discharged, 87
RAIDS.
.Joint resolution from house to embody
reference to, in address to Virginia
soldiers, 201
Concurred in by senate, > 205
House joint resolution for perpetuating
testimoney in case of—agreed to by
senate, 205
Rouse joint resolution in relation to
defence of Richmond against re¬
cent—referred, 224
RAILROADS.
Resolution in regard to charges for •
freight and travel on, 51
Resolution referring governor's .mes¬
sage relating to, ' 59
Report of committee concurred in, 117
No 16, H. B. Authorizing to pay in¬
debtedness to commonwealth—read
and referred, 79
Reported with an amendment and
passed senate, 90
No. 17, H. B. Regulating transporta¬
tion on certain—read and referred, 1.11
Reported adversely, 123
Printed, 127
Taken up—laid on table, 154
Resolution for restricting to tri-weekly
passenger trains, 116
'Committee ask reference to committee
on roads and internal navigation, 122
Referred accordingly, 131
Adverse report, concurred in, 136
No. 50, S. B. Authorizing increase of
tolls—read first time, 117
Read second time and laid on table, 131
Substitute offered; laid on table and
printed, 141-42
Proceedings on ; laid on table, 150-51
Substitute amended, adopted and en¬
grossed, 153
Read third time and laid on table, 158
Passed senate ; title amended, , 163
Passed house with amendments, 22-1
Amendments of house agreed to by
senate, 222
Resolution for connections with vari¬
ous in the state, 122
No. 58, S. B. Therefor, 124
Read first time, 126
Read second time, amendment offered
and laid on table, .144
Made order of day, 173
No. 42, H. B. Requiring to transport
troops, &c., without prepayment of
fare, 148
Read three time? and passed senate, 149
RALEIGH & GASTON R. R. CO.
No. 78, H. B. Authorizing collections
of dividends due by to city of Nor¬
folk ; read three times and laid on
table, 121
Third reading reconsidered and bill
referred, 122
Reported without amendment, 123
Passed senate, 130
RATIONS.
House joint resolution for issuing to
officers ; agreed to bv senate, 57
RECESS.-
Resolution for, of senate-; laid on ta¬
ble, 42
Taken up and laid on table, 45
Resolution for, of two houses adopted
by senate, 46
Agreed to by house, 48
INDEX.
19
Messages in pursuance of resolution
for, interchanged, 60
Joint resolution for, from February to
4th May, ' 99
Resolution for, of senate, laid on table, 1*74
Unsuccessful motion to take up, 181
Resolution for, of senate from^ o'clock
until 8 P. M.; adopted, 207
Resolution for, adopted, . 216
RECORDS.
Resolution for preserving, of certain
courts; referred, 84
No. 34, H. B. Providing for preserva¬
tion of, of certain counties ; read
and referred, 111
Reported and passed senate, 119
Joint resolution for report of losses of,
during the war; agreed toby senate, 200
REFUGEES.
Resolution to provide for voting by,
•for county officers, ' 84
Resolutions to amend act providing
for voting by, so as to provide foT .
filling vacancies in judiciary and
county offices, 86
REGIMENTS.
See Militia.
REMEDIES.
See Rights and.
REPORTER.^
No. 75, H. B. Authorizing appoint¬
ment of, for house of delegates, 148
Twice read and referred, ' 149
REPRIEVES AND PARDONS.
Communication from governor con¬
cerning, Doc. No. 5, 57
REVENUE.
Auditer's report of amount of, from
profits, printed. Doc. No. 2, 30
Resolutions of enquiry as to amount
of, unpaid for 1863, 86
•RICHMOND CITY.
Resolutions for certain railroad con¬
nections in, 122
No. 58, S. B. Therefor, 124
Read first time, . 126
Read second time, amendment offered]
laid on table,- 144
Made order of day, 173
Resolution to extend corporate limits, 137
No. 87, S. B. Therefor read first time, 173
Read second time and laid on table, .177
House joint resolution in relation to
recent raid on, referred, 224
RICHMOND CITY INSURANCE CO.
No. 47, S. B. To incorporate, referred, 109
Reported without amendment, 121
Read first time, 126
Read second time, amendments agreed
to, engrossed, 131
Passed senate, 134
Passed house with amendment, con¬
curred in by senate, 137
' RICHMOND GLASS MANUF'NG CO.
No. 46, S. B. Confirming and amend¬
ing charter, referred, 109
Reported without amendment, 122
Read first time, 126
Read second time and engrossed, 131
Read third time and laid on table, 134
Passed senate, " 168
Passed house, 224
RICHMOND IMPORTING AND EX¬
PORTING 'CO.
No. 78, S. B. To amend charter, read
first time, 165
Read second time and engrossed, 168
Passed senate, • 171
Passed house, • 178
RIGHTS AND REMEDIES.
No. 158, H. B. Amending act extend¬
ing time for exercise of, 151
Twice read and referred, 152
Reported without amendment and
passed senate, 156-7
ROADS.
See Railroads. •
Turnpikes.
RULES OF SENATE.
Adopted, • 31-7
Rule in relation house under control
of senate suspended, 134
SALARIES.
No. 17, S. B. Increasing of, certain
officers of government, read first
time, 54
Read second time and engrossed, 58
Read third time and laid on table, 59
Reconsidered, amended and engrossed, 78
Amended by consent and passed senate, 80
Passed house with amendment, 92
House amendment agreed to by senate, 93
Resolution for limiting time for pre¬
senting warrants for payment of, 81
Resolutions for limiting operations of
laws increasing,.to end of present
war, ' 140
SALT.
House, joint resolution reviving com¬
mittee on, agreed to by senate, 43
Joint resolution authorizing hire of
slaves for operating works, agreed
to by senate, 58
Resolutions in relation to illegal im¬
pressments at works, 84
Resolutions for additional forces for
protection of manufactories of, 90
Resolutions as to securing transporta¬
tion of, to other states on Virginia
railroads, 109
Committee ask to be discharged, 121
Referred to joint committee on salt, 131
Resolutions for amending act for pro¬
duction of, so as to equalize the im¬
pressment of slaves among citizens
the state, 110
20
INDEX.
Resolutions as to impediments to sup¬
plying counties under act, 116
No. 60, S. B. Imposing fines on agents
for failing to deliver, referred, 124
Reported with amendment and read
first time, • . 131
Read second time, amended and en¬
grossed, . 145
Taken up and laid on table, 146
Rider adopted and bill passed senate, 150
Passed house with amendment, agreed
to by senate, 164
Resolutions referring report of board
of public works relating to, 131
No. 45, H. B. Providing compensation
clerk of joint committee and engi¬
neer, read twice and amended, 139
Read 3d time and passed senate, 140
Amendments of senate agreed to by
house, 142
Joint .resolution for arranging with J.
N. Clarkson for hire' of slaves at
works, . 140
Report of joint committee printed and
made order of day, Doc.' No. 16, 155
Taken up and made order of day, 181
Laid on table, 187
Takerr up and considered, 188
Further proceedings, 190-92
Vote rejecting second resolution re¬
considered, substitute offered, laid
on table, 198
Further proceedings and resolutions
adopted by senate, 199
Agreed to by house, 205
Joint resolution for transportation of
fuel, &c., to works, 166
Laid on table, ^ 168
House joint resolution instructing
board of public works in relation to
supply of fuel, &c., communicated, 166
Agreed to by senate, 167
Resolutions as to quantity of, made
from leased furnaces, &c., 17§
Response of board of public works, 181
Supplemental report of committee,
printed, - 177
No. 90, S. B. Amending 5th section of
an act for production of, read first
time, ' 179
Read second time and engrossed, 197
Read third time and laid on table, 201
No. 93, S. B. To authorize impress¬
ment of wells, furnaces, &c., read
first time, 183
Read second time and laid on table, 194.
Proceedings on, amended and en¬
grossed, 201-4
Passed senate, 207
Passed house, 207
House joint resolution for election of
superintendent of, communicated, 210
Agreed to by senate, 512
Superintendent elected, 216
No. 101, S. B. To amend 5th section of
act for production,' &c., of, read first
time, 210
Read second time and amended, 214
Engrossed, redd third time and passed
senate, ' 215
Passed house with amendments, 225
Amendment of house agreed to by
senate, ~ 226
SECOND-CLASS MILITIA.
See Militia.
SECRECY.
Resolutions for removing injunction
of, laid on table, 228'
SENATE CHAMBER.
Resolutions offering use of, to confede¬
rate senate, 150
SENATORIAL DISTRICTS.
Resolutions directing secretary of
■ commonwealth to furnish returns of
election for certain, amended and
laid on table, * 110
Joint resolution suspending 4th sec¬
tion of an act fixing time for certi¬
fying result of election, amended
and agreed to by senate, 112
Agreed to by house, 115
SEQUESTRATION.
Joint resolutions as to power of con¬
federate government in regard to
lands within the commonwealth, 101
Taken up, amended and laid on table, 105
Amended and agreed to by senate, 112-13
SHEEP.
No. 13, H. B. For protection of—com¬
municated, 113
Twice read and referred, 114
Reported without amendment, 120
Laid on table, 124
Passed senate, 132
House joint resolution for protection
and increase of wool, referred, 155
Committee discharged, 228
SHERIFFS AND SERGEANTS.
Resolution for increasing fees and al¬
lowances of, 45
No. 54, S. B. Therefor, 123
Read first time, 126
•Read second time, amended and en¬
grossed, 141
Passed senate, 143
Passed house with amendment, con¬
curred in by senate, 160
No. 55, S. B. To increase fees and
. compensation, 123
Read first time, 126
Read second time and amended, mo¬
tion to reconsider amendment, laid
on table, 145
Amended and engrossed, 153
Amended, read third time and passed
senate, 158
Passed house, 225
SHRIVER, Col. Jacob S.
Nomination as colonel of ordnance by
senate, 40
INDEX.
21
SINGLETON, Washington G.
Petition of, asking allowance for
office rent, 88
No. 34, S. B. Therefor, read first time, 89
Read second time and engrossed, 91
Passed senate, 94
SINKING FUND.
Report of commissioners of, laid on
table and printed, Doc. No. 7,. 71
SLAVEHOLDERS.
See Staves.
SLAVES.
Resolution to prevent escape of, on
boats, &c., 41
No. 35, S. B. Therefor, read first time, 96
Read second time and engrossed, 99
Read third time and laid on table, 102
Passed senate, 136
Passed house, 148
Resolution to repeal laws for emanci¬
pation of, by will, 41
Resolution referring governor's mes¬
sage in relation to impressed, by con¬
federate government, referred, 41
Report of committee, _ 106-7
First resolution of committee adopt¬
ed ; second disagreed to, '113
Reconsidered, amended and agreed to, 115
Substitute proposed, by house, laid on
table, 120
Resolution to amend Code in relation
to harboring or employing, . 45
No. 15, S. B. Therefor, read first time, 54
Read second time and engrossed, *59
Taken up, engrossment reconsidered
and laid on table, 73-4*
Amended and engrossed, 75
Reconsidered, amendment proposed
and rejected, bill engrossed, 77
Passed senate, -80
Passed house with amendment, con-
curree in by senate, 95
Resolutions referring message as to
requisition for, on fortifications, 83
No. 12, H. B. Authorizing sale of cer¬
tain, in penitentiary,-read and re¬
ferred, 111
Reported without amendment, 121
Rejected, reconsidered and laid on
table, 124
Passed senate, 131
Joint resolutions for getting release of,
from work on fortifications, 146
Amended and adopted by senate, 147
Response of governor, laid on table, 157
Joint resolution instructing commis¬
sioners of revenue to report losses
of by, was agreed to by senate, 200
SOLDIERS AND SAILORS.
Resolutions to amend act for relief of
families of, in enemy's lines, 39
No. 7, S. B. Therefor, read first time
and referred, 45
Substitute reported, read second time,
• laid on table and printed, 54
Substitute amended, adopted and en¬
grossed, 77-8
Passed senate, 80
Passed house with amendments, 105
Reco'mmitted, 106
Reported with amendments to house
amendments, " 109
Laid on table, 113
Proceedings on, 126-7
House agree.to amendment of senate
to 5th, and insist on 6th amendment, 128
Taken-up, . 132
Committee of conference appointed by
senate, ' 134
Committee agreed to by house, 135-6
Report of committee of confenence, 139
Resolution of house for another com¬
mittee of conference, 142.
Agreed to by senate and committee
appointed, 143
Report of committee, ' 149
Agreed to by house, 151
Agreed to by senate, 152
Resolutions for appropriating money
to, in confederate army, 43-4
Joint resolution in relation to final dis¬
charge of, laid on table, 44
Resolution for an appropriation to, and
to families of those killed, &c., 54
Joint resolution as to increase of, pay
to, adopted by senate, 56
Agreed to by bouse, • 58
House joint resolution for exempting
pork and bacon for families of, from
tax in kind, communicated and laid
on table, 60
Resolution for. appropriation for the
education Of disabled, 77
Resolution to provide for 'voting by,
for county officers, 84
Resolution to amend act providing for
voting by, so-as to provide for fill¬
ing vacancies in the judiciary and
other county officers, 86
Resolution for arrangement with con¬
federate authorities for supply of,
with cotton yarns and cloths, 86
Resolution to collect names, &c., of for
archives of state,' 89
Report of committee concurred in by
senate, 141
Resolution in regard to securing exe¬
cution of law for collecting names
of, . 117
Resolution to amend election law so
as to allow, to vote for county offi¬
cers, 103
No. 48, S. B. Providing for education
of disabled; read first time and re¬
ferred, 114
Reported without amendment, read
second time and engrossed, • 114
Passed senate, 117
Resolution to amend act for relief of,
so as to apply to corporations, 119-29
22
INDEX.
No. 56, S. B. Therefor, 123
Read first time, 126
Read second time and engrossed, 141
Passed senate, 143
Passed house, 164
Resolution for directing county and
corporation courts to provide for
collecting and forwarding supplies
for, to agency in Richmond, 123
Resolution for rendering act for relief
of, more efficient, 165
Report of j.oint committee to prepare
address to, 195 to 197
Adopted by senate, / 197
House joint resolution recommitting
report with instructions to embody
reference to raid on the city, 201
Concurred in by senate, 205
Supplemental report agreed to by sen¬
ate, 210-11
Joint resolution for printing report
amended and adopted by senate, 211-12
Address, &c., adopted by house, 222
No. 105, H. B. To provide for purchase
of shoes, &c., for; communicated, 221
Read three times and rejected, 222-23
SORGHUM.
Resolution to repeal law forbidding
distillation of useless syrup of, 41
Adverse report, 43
Report agreed to, 47
SOUTHERN FREEDOM.
House preamble and resolution in re¬
gard to devotion of citizens, in ene¬
my's lines to; laid on table and
made order of day, . 224
SOUTHWESTERN VIRGINIA.
Resolution for additional forces for pro¬
tection of manufactories, &c., in, 90
SPECIAL ELECTIONS.
Resolution directing secretary of com¬
monwealth to furnish returns of, for
certain senatorial districts; amended
and laid on table, 110
Resolution for amending law in re¬
gard to time of making returns of, 110
Joint resolution amending law fixing
time for certifying; amended and,
adopted, 112
Agreed to by house, 115
SEDDON, John.
His death announced, 28
Resolutions in relation to, 38
STATE BONDS.
Resolution for limiting time for pre¬
senting warrants for interest on, 81
No. 35, S. B. Therefor, read first time, 89
Amended and laid on table, 92
Taken up and amendment withdrawn, 94
Amendment adopted, and motion to
strike out first section pending, 95
Pending amendment rejected—bill laid
on table, ' -97
Communication from governor in re¬
lation to interest on, held in trust
for the Cherokee Indians ; referred, 93-4
STATE GOVERNMENT.
Resolution for bill to exempt persons
necessary for carrying on, 144
House joint resolution for committee
to consider act conscripting; agreed
to, 151
Committer appointed, 152
Resolution requiring governor to de¬
mand certain exemptions of officers
of, ' 156
Preamble and resolutions- of Mr. Guy
in relation to conscription of officers, 162
Joint committee on conscription of
officers of, authorized to print re¬
port, 174
STATE GUARD.
No. 11, S. B. To organize printed, 53
Communication from governor in re¬
ference to; printed. Doc. No. 10, 99
STATE OFFICERS.
See Public Officers.
State Government.
Conscription.
STAUNTON.
Report of c'ommittee in relation to im¬
pressment of public buildings in, 152 .
^Report printed. Doc. No. 17, 161
"Taken up and laid on table, 229
STAY LAW.
Resolution for repealing or amending, ' 39
STONEWALL INSURANCE COMPANY.
No. 77, H. B. To incorporate; twice
read and referred, 141
Reported with amendments; concurred
in and passed senate, 143
STOREKEEPERS.
See General Agents and.
STUART, BUCHANAN k CO.
Resolution in relation to fulfilment of
contract with, by superintendent of
salt works, • 85
SUBSTITUTES.
Resolution referring governor's mes¬
sage in relation to, 44
SUPPLIES.
Resolution to amend act for support
of families of indigent soldiers, so
as to prevent others from purchasing
at reduced prices, 41
Resolution to require county and cor¬
poration courts to provide for col¬
lecting and forwarding, for soldiers, 123
SYLVIA, Matthew.
No. 19, H. B. For relief of; twice read
and referred, 83
Reported without amendment, 122
Passed senate, 124
TALIAFERRO, James M. 4
Petition of, contesting right of E. T.
Tayloe to seat as senator; referred. 118.
Report of committee laid on table and
printed. Doc. No. 155, 133-
INDEX.
2S
Concurred in,
TAX IN KIND.
House joint resolution in relation to;
communicated and tabled,
TAXES.
Report of auditor in relation to amount
©f, on profits. Doe. No. 2,
Resolution for exempting non-com¬
missioned officers and privates from,
No. 24, S. B. For assessment of; re¬
ferred,
Resolution for redress of loyal citizens
for property taken ' for, by usurped
government,
Resolution for printing act of congress
for use of senate,
No, 75, S. B. Imposing, for support of
government; read first time,
Read second time and laid on table,
No. 7G, S. B. Authorizing receipt of
confederate treasury notes in pay¬
ment of, &c., read first time,
Read second time and laid on table,
Amended and engrossed,
Read third time and laid on table,
Passed senate,
Passed house with amendment—first
amendment of house agreed to by
senate—tabled^
Second amendment of house agreed
to by senate,
Resolution for repealing present bill,
Resolution for remitting, in certain
counties,
CQ
30
90
150
157
181
157
168
169
171
L 7 6
183
184
163
171
Adverse report on, 182-3
No. 86, S. B. Repealing act of 1863,
read twice and made order of day, 172
Amended and engrossed, 176-7
Read t third time, blank filled, rider
submitted, &c., 179
Passed senate, 180
Passed house with amendment, 184
House amendment concurred in by se¬
nate, 185
Preamble and joint resolution for re¬
mitting arrears of, in certain coun-
■ ties, * 183
See Tax in Kind.
Licenses. .
, _ TAYLOE, Edward T.
His election to senate contested, 118
Qualified as senator from 23d district, 125
Report off committee on petition of
contestant, printed. Doc. No. 15, 133
TAYLOR, Wm. E.
Letter of resignation as senator from
Norfolk city, 40
Resolution for writ of election to sup¬
ply vacancy, 45
• TELEGRAPHIC DESPATCHES.
Resolution far law to secure more
* prompt transmission of, 77
THEATRICAL EXHIBITIONS
Resolution for prohibiting, during
war, " Mil
4
153 TOBACCO.
Resolution for reimbursing owners of
burnt, in public warehouse, 54
House joint resolution for issuing ra¬
tions of, agreed to by senate, 57
No. 9, H. B. Providing for payment of, *
destroyed by fire at public ware¬
house, communicated and referred, 74
Reported with amendments and passed
senate, ' 83
First senate amendment agreed-to, and
second disagreed to—recommitted,. 109
Reported back; senate insist on second
amendment, 119
Committee of conference asked and .
appointed, 12T
Report of committee, ' 186
Resolution for exempting inspectors of,
from military service 81
Resolution for prohibiting cultivation
of, during war, 144
No. 94, S. B. Making an appropriation
for, destroyed by fire at public ware¬
house, read first and second times, 186
Passed senate, 190
No. 60, H. B. Repealing laws authori-'
zing insurance of, by state, 225
Passed senate, 227
TOLLS.
No. 50, S. B. Authorizing increased
rates on railroads, read first time, 117
Read*second time and laid on table, ,131
Substitute offered, laid on table and
printed, 141-2
Proceedings on; laid on table, 150-1
Substitute amended, adopted and en¬
grossed, 153
Read third time and laid.on table, 158
Passed senate, 163
Passed house with amendments, 221
House amendments agreed .to by se¬
nate, 222
TRADE COMBINATIONS.
Resolution to suppress, 41
No. 28, S. B. Therefor; read first time, 81
Read second time and engrossed, 84
Read third time and laid on table, 85
Passed senate, • . 134
TRADING
Resolution to prevent unlawful, by
employees on boats, 41
No. 39, S. B. Therefor, read first time, 96
Read second time and engrossed, '99
Read third time and reconsidered, 104
Amended and engrossed, 105
Read third time and passed senate, 111
Passed house with amendment—laid-
on table, 127
Amendment of hogse concurred in by
senate, 135
TRANSPORTATION
No-. 17, II. B. Regulating, on certain
railroads, read and referred, 111
Resolution in relation to, of necessaries
of life, 116
24
INDEX.
Resolution for securing of salt, to other
states on Virginia railroads, referred, 100
Committee ask to be discharged, 120
TRAVEL.
See Freight and.
TREASURER'S OFFICE.
Report of committee on, printed. Doc.
No." 11, 107
TREASURY NOTES.
Resolution for a law requiring imme¬
diate redemption of, 77
Resolution of enquiry as to amount of,
outstanding, 81
Response of auditor thereto, printed.
Doc. No. 9, 94
Referred to committee on finance, 102
Resolution as to measures for calling •
in the outstanding, 102
TREASURY WARRANTS.
Resolution for limiting time for pre¬
sentation for payment, 81
Resolution of enquiry as to amount of
Virginia, outstanding, . 81
No. 36, S. B. Therefor, read first time, 89
TROOPS.
No. 42, H. B. Requiring railroads and
canals to transport, without pre¬
payment of Tare, 148
Read three times and passed senate, 149
TURNPIKES. •
Resolution to amend law in relation to
transfer of, to counties, # 119
No.'57,S. B. Therefor, 124
Read first time, 126
Read second time and engrossed, 141
Passed senate, 144
UNION FEMALE COLLEGE.
No. 61, H. B. To amend charter, twice
read and referred,, 122
Reported without amendment and
blank filled, 136
Passed senate, . 137
Amendment of senate agreed to by
house, 138-9
UNION' MANUFACTURING CO.
No. 82, H. B. Amending charter, 166
Twice read and referred, 167
Committee discharged and bill passed
senate, 173
UNITED STATES CURRENCY.
Resolution to prevent traliio in, du¬
ring the war, 55
UNITED STATES OFFICERS.
Resolution as to rank of, transferred
by Virginia to Confederate Stalc3
army, 42
Response of governor, Doc. No.,4, 47.
Resolution for prohibiting the circula¬
tion of bills or notes of, 59
UNIVERSITY OF VIRGINIA.
Resolution to enlarge annuity to, 92
No. 48, S. B. Authorizing' increase of
sala'-ies to professors of, read first
timo and referred, ' 111
Reported without amendment, read
second time and engrossed, 114
Passed senate, 117
Passed 'house with amendments,* 193
House amendments agreed to by se¬
nate, 195'
' ' URQUHART, A. B.
No. 98, €T. B. For relief of personal
representatives of, 148
Twice read and referred, 149
Reported without amendment, 152
Passed senate, 154-5
USURPED GOVERNMENT.
Resolution for redress of loyal citi-
zeng against acts of, 90
Resolution for forfeiting debts attempt¬
ed to be enforced by process in, ' 124
VIRGINIA ARMORY.
See Armory.
VIRGINIA FEMALE INSTITUTE.
Leave given to withdraw petition of
trustees and refer, 50
Memorial of board of trustees referred, 83
Report of committee, , 152
Laid on table and printed, Doc. No. 17, 161
VA. FIRE AND MARINE INS. CO.
Resolution for increasing capital, 137
No. 71, S. B. Therefor, read first time, 140
Read second time and engrossed, 141
Passed senate, ■ 144
Passed house with amendments,
decreed to by senate, 164
VIRGINIA MILITARY INSTITUTE.
Resolution for increasing appropria¬
tion to, . 38
No. 19, S. B. Therefor, read first time, 57
Read second time and engrossed, 59
Read third time and laid on table, 72
Taken up and passed' senate, 74
Passed house with amendment, con¬
curred in by senate, 92-3
No. 6, H. B. Amending Code concern¬
ing, read and referred, 73
Reported without amendmeut and
passed senate, 75
VA. & TENN. R. R. CO.
Resolution for increasing capital'stock, 39
No. 1, S. B. Therefor, read first time, 40
Read second time and engrossed, 45
Passed senate, • "46
Passed house with amendments, • 53
First amendment of house agreed to,
and second agreed to with Amend¬
ment, • 5 4
Senate amendment to second amend¬
ment of house agreed to bv house, 56
VA. PORCELAIN & EARTHENWARE
COMPANY.
No. 33, S. B. To incorporate, read
twice and referred, 87
■Reported without amendment and en¬
grossed, * 89
Read third time and passed senate, 90
Parsed house, 95
INDEX.
25
_ VIRGINIA SOLDIERS.
Resolution for appropriating money to, '
in confederate army, 43-4
Resolution for an appropriation to,
and to their families, • 54
See Soldiers.
VIRGINIA TREASURY NOTES.
See Treasury Notes.
VOLUNTEERS.
Resolution as to raising a body of, for
defence of capital, . 86
Committee ask discharge, laid on
table, 96
WARRANTS.
See Treasury Warrants.
WARWICK.
No. 34, H. B. Providing for preserva¬
tion of records of, read and referred, 111
Reported without amendment and
passed senate, 119
WESTERN COURT OF APPEALS!
See Court of Appeals.
WHISKEY.
Resolution for authorizing distillery
for rdanufacture of, by C. S. pur¬
veyor, 40
. WILLIAMSBURG.
Resolution for preserving records and
papers of circuit court, of 84
No. 35, H. B. Providing for preserva¬
tion of records of, read andVeforred, 111
Reported and passed senate, 119
WILLIS RIVER.
No. 137, H. B. Amending act impro¬
ving navigation, communicated, 188
Twice read, , 188-9
Passed senate, 189
WILLS.
Resolution for probate of, on proof of
handwriting of witnesses in certain
cases, referred, 38
No. 5, S< B. Therefor, read first time, 43
Read secone time, amended and en¬
grossed, • 48
Read third time and laid on table, 51
Amended and passed senate, 5.5
Passed house with amendment, 78
House amendment agreed to by senate, 79
WINGFIELD, Rev. John H. '
Senate joint resolution in relation to
arrest of, agreed to by senate, 216
Agreed to by house, 214
WINSTON, Ferdinand A,
Communication, from governor and
resolution in relation to, referred to
select committee,' 88-9
Report of committee, 107
Report concurred in, 113
WOOL.
See Sheep.
WRIGHT, Dr. D. M.
House joint resolution in relation to
death of, communicated, 214
Agreed to by senate, 222
WRITS OF ELECTION.
Resolution for, to supply vacancy in
the Norfolk city district, . 45
To fill vacancy in 31st district, 72
WYTHEVILLE AND GRAYSON TURN¬
PIKE.
No. 60, H. B. Amending charter, com¬
municated and referred; 57
Reported ^itk amendment and laid on
table, 76
Amended, read 3d time and laid on
table, 82
Taken up, 3d reading reconsidered,
and bill recommitted, 88
Reported as amended in senate„read
3d time, rejected, reconsidered and
tabled, 136
Passed senate, 198
Amendment of senate agreed to by
house. * 205